Energy Conservation Program for Certain Commercial and Industrial Equipment: Test Procedure for Commercial Water Heating Equipment, 79261-79348 [2016-26211]
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Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Rules and Regulations
appendix to prevent boiling, use a
recirculating loop and maintain the inlet
temperature at Point B of Figure C9 of ANSI/
AHRI Standard 1500–2015 at 140 °F ± 5 °F
during the ‘‘Warm-up Period’’ and ‘‘Test
Period’’ as indicated by 1-minute interval
data pursuant to Table 3.2 of this appendix.
Each reading must meet these temperature
requirements. Use the inlet temperature and
flow rate measured at Point A in Figure C9
of Appendix C of ANSI/AHRI Standard
1500–2015 for calculation of thermal
efficiency.
3.2.4. Air Temperature. For tests of noncondensing boilers (except during field tests),
maintain ambient room temperature between
65 °F and 100 °F at all times during the
‘‘Warm-up Period’’ and ‘‘Test Period’’ (as
described in Section C4 of Appendix C of
ANSI/AHRI Standard 1500–2015) as
indicated by 1-minute interval data pursuant
to Table 3.2 of this appendix. For tests of
condensing boilers (except during field tests),
maintain ambient room temperature between
65 °F and 85 °F at all times during the
‘‘Warm-up Period’’ and ‘‘Test Period’’ (as
described in Section C4 of Appendix C of
ANSI/AHRI Standard 1500–2015) as
indicated by 1-minute interval data pursuant
to Table 3.2 of this appendix. The ambient
room temperature may not differ by more
than ± 5 °F from the average ambient room
temperature during the entire ‘‘Test Period’’
at any 1-minute interval reading. Measure the
room ambient temperature within 6 feet of
the front of the unit at mid height. The test
air temperature, measured at the air inlet of
the commercial packaged boiler, must be
within ± 5 °F of the room ambient
temperature when recorded at the 1-minute
interval defined by Table 3.2. For field tests,
record the ambient room temperature at 1minute intervals in accordance with Table
3.2 of this appendix.
3.2.5. Ambient Humidity. For condensing
boilers (except during field tests), maintain
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ambient room relative humidity below 80percent relative humidity at all times during
both the ‘‘Warm-up Period’’ and ‘‘Test
Period’’ (as described in Section C4 of
Appendix C of ANSI/AHRI Standard 1500–
2015) pursuant to Table 3.2 of this appendix.
Measure the ambient humidity in the same
location as air temperature. For field tests of
condensing boilers, record the ambient room
relative humidity in accordance with Table
3.2 of this appendix.
3.2.6. Flue Gas Temperature. The flue gas
temperature during the test must not vary
from the flue gas temperature measured at
the start of the Test Period (as defined in
Section C4 of ANSI/AHRI Standard 1500–
2015) when recorded at the interval defined
in Table 3.2 by more than the limits
prescribed in Table 3.4 of this appendix. For
field tests, flue gas temperature does not need
to be within the limits in Table 3.3 of this
appendix but must be recorded at the interval
specified in Table 3.2 of this appendix.
TABLE 3.3—FLUE GAS TEMPERATURE VARIATION LIMITS DURING TEST PERIOD
Non-condensing
Gas ....................................................................
Light Oil .............................................................
Heavy Oil ...........................................................
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Fuel type
± 2 percent .......................................................
± 2 percent.
Greater of ± 3 percent and ± 5 °F.
Greater of ± 3 percent and ± 5 °F.
3.3. Test Method.
3.3.1. General. Conduct the combustion
efficiency test using the test method
prescribed in Section C4 ‘‘Test Procedure’’ of
Appendix C of ANSI/AHRI Standard 1500–
2015 excluding sections:
(1) C4.1.1.1.2
(2) C4.1.1.2.3 (see 3.3.4 of this appendix)
(3) C4.1.2.1.5
(4) C4.1.2.2.2
(5) C4.1.2.2.3 (see 3.3.5 of this appendix)
(6) C4.2
(7) C4.2.1
(8) C4.2.2
3.3.1.1. The duration of the ‘‘Test Period’’
outlined in sections C4.1.1.2 of Appendix C
of ANSI/AHRI Standard 1500–2015
(incorporated by reference, see § 431.85) and
C4.1.2.2 of Appendix C of ANSI/AHRI
Standard 1500–2015 is 30 minutes. For
condensing commercial packaged boilers,
condensate must be collected for the 30
minute Test Period.
3.3.1.2. Adjust oil or non-atmospheric gas
to produce the required firebox pressure and
CO2 or O2 concentration in the flue gas, as
described in section 5.3.1 of ANSI/AHRI
Standard 1500–2015. Conduct steam tests
with steam pressure at the pressure specified
in the manufacturer literature shipped with
the commercial packaged boiler or in the
manufacturer’s supplemental testing
instructions pursuant to § 429.60(b)(4) of this
chapter, but not exceeding 15 psig. If no
pressure is specified in the manufacturer
literature shipped with the commercial
packaged boiler or in the manufacturer’s
supplemental testing instructions (pursuant
to § 429.60(b)(4)) of this chapter, or if a range
of operating pressures is specified, conduct
testing at a steam pressure equal to
atmospheric pressure. If necessary to
maintain steam quality as required by section
5.3.7 of ANSI/AHRI Standard 1500–2015,
increase steam pressure in 1 psig increments
by throttling with a valve beyond the
separator until the test is completed and the
steam quality requirements have been
satisfied, but do not increase the steam
pressure to greater than 15 psig.
3.3.2. Water Test Steady-State. Ensure that
a steady-state is reached by confirming that
three consecutive readings have been
recorded at 15-minute intervals that indicate
that the measured fuel input rate is within ±
2-percent of the rated input. Water
temperatures must meet the conditions
specified in sections 3.2.3, 3.2.3.1, and 3.2.
3.2 of this appendix as applicable.
3.3.3. Procedure for the Measurement of
Condensate for a Condensing Commercial
Packaged Boiler. Collect flue condensate
using a covered vessel so as to prevent
evaporation. Measure the condensate from
the flue gas during the ‘‘Test Period.’’ Flue
condensate mass must be measured within 5
minutes after the end of the ‘‘Test Period’’
(defined in C4.1.1.2 and C4.1.2.2 of ANSI/
AHRI Standard 1500–2015) to prevent
evaporation loss from the sample. Determine
the mass of flue condensate for the ‘‘Test
Period’’ by subtracting the tare container
weight from the total weight of the container
and flue condensate measured at the end of
the ‘‘Warm-up Period.’’
3.4. Calculations.
3.4.1. General. Use the variables in Section
C6 and calculation procedure for the
combustion efficiency test specified in
Section C7.3 of Appendix C (including the
specified subsections of C7.2) of ANSI/AHRI
Standard 1500–2015 (incorporated by
reference, see § 431.85).
3.4.2. Rounding. Round combustion
efficiency to nearest one tenth of a percent.
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[FR Doc. 2016–26201 Filed 11–9–16; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
10 CFR Parts 429, 430, and 431
[Docket No. EERE–2014–BT–TP–0008]
RIN 1904–AD18
Energy Conservation Program for
Certain Commercial and Industrial
Equipment: Test Procedure for
Commercial Water Heating Equipment
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule.
AGENCY:
On May 9, 2016, the U.S.
Department of Energy (DOE) published
a notice of proposed rulemaking (NOPR)
to amend its test procedures for
commercial water heaters, unfired hot
water storage tanks, and hot water
supply boilers (henceforth, ‘‘commercial
water heating (CWH) equipment’’). That
proposed rulemaking serves as the basis
for this final rule. Specifically, this final
rule incorporates by reference the most
recent versions of relevant industry
standards; modifies the existing test
methods for certain classes of CWH
equipment; establishes new test
procedures for determining the
SUMMARY:
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efficiency of commercial heat pump
water heaters and standby loss for
instantaneous water heaters and hot
water supply boilers; clarifies test set-up
and settings for various classes of CWH
equipment; revises the certification
requirements for CWH equipment; and
establishes associated definitions.
DATES: The effective date of this rule is
December 12, 2016. The final rule
changes will be mandatory for
representations related to energy
efficiency or energy use starting
November 6, 2017. The incorporation by
reference of certain publications listed
in this rule is approved by the Director
of the Federal Register on December 12,
2016.
ADDRESSES: The docket, which includes
Federal Register notices, public meeting
attendee lists and transcripts,
comments, and other supporting
documents/materials, is available for
review at www.regulations.gov. All
documents in the docket are listed in
the www.regulations.gov index.
However, not all documents listed in
the index may be publicly available,
such as those containing information
that is exempt from public disclosure.
A link to the docket Web page can be
found at: https://www.regulations.gov/
docket?D=EERE-2014-BT-TP-0008. This
Web page contains a link to the docket
for this rulemaking on the
www.regulations.gov site. The docket
Web page contains simple instructions
on how to access all documents,
including public comments, in the
docket.
For further information on how to
review the docket, contact the
Appliance and Equipment Standards
Program staff at (202) 586–6636 or by
email: CommWaterHeatingEquip2014
TP0008@;ee.doe.gov.
FOR FURTHER INFORMATION CONTACT:
Ms. Ashley Armstrong, U.S.
Department of Energy, Office of Energy
Efficiency and Renewable Energy,
Building Technologies Office, EE–5B,
1000 Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–6590. Email:
Ashley.Armstrong@ee.doe.gov.
Mr. Eric Stas or Ms. Jennifer
Tiedeman, U.S. Department of Energy,
Office of the General Counsel, GC–33,
1000 Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–9507 or (202)
287–6111. Email: Eric.Stas@hq.doe.gov
or Jennifer.Tiedman@hq.doe.gov.
SUPPLEMENTARY INFORMATION: This final
rule incorporates by reference the
following industry standards into part
431:
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(1) American National Standards
Institute, (ANSI) Standard Z21.10.3–
2015/Canadian Standards Association
(CSA) Standard 4.3–2015, ‘‘Gas-fired
water heaters, volume III, storage water
heaters with input ratings above 75,000
Btu per hour, circulating and
instantaneous,’’ ANSI approved on
October 5, 2015, Annex E (normative)
Efficiency test procedures—E.1
‘‘Method of test for measuring thermal
efficiency,’’ Paragraph c, ‘‘Vent
requirements’’ and Paragraph f,
‘‘Installation of temperature sensing
means’’;
(2) American Society of Heating,
Refrigeration and Air-Conditioning
Engineers, ANSI/ASHRAE Standard
118.1–2012, ANSI approved on October
27, 2012, ‘‘Method of Testing for Rating
Commercial Gas, Electric, and Oil
Service Water-Heating Equipment’’;
Section 3 ‘‘Definition and Symbols,’’
Section 4 ‘‘Classifications by Mode of
Operation,’’ Section 6 ‘‘Instruments,’’
Section 7 ‘‘Apparatus,’’ Section 8
‘‘Methods of Testing,’’ Section 9 ‘‘Test
Procedures,’’ and Section 10
‘‘Calculation of Results’’;
(3) ASTM International (ASTM)
C177–13, ‘‘Standard Test Method for
Steady-State Heat Flux Measurements
and Thermal Transmission Properties
by Means of the Guarded-Hot-Plate
Apparatus,’’ approved September 15,
2013;
(4) ASTM C518–15, ‘‘Standard Test
Method for Steady-State Thermal
Transmission Properties by Means of
the Heat Flow Meter Apparatus,’’
approved September 1, 2015; and
(5) ASTM D2156–09 (Reapproved
2013), ‘‘Standard Test Method for
Smoke Density in Flue Gases from
Burning Distillate Fuels,’’ approved
October 1, 2013.
Copies of ANSI Z21.10.3–2015/CSA
4.3–2015 and ANSI/ASHRAE 118.1–
2012 can be obtained from the American
National Standards Institute, 25 W. 43rd
Street, 4th Floor, New York, NY 10036,
(212) 642–4800, or by going to https://
webstore.ansi.org/.
Copies of ASTM C177–13, ASTM
C518–15, and ASTM D2156–09 can be
obtained from ASTM International, 100
Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428–2959, (610)
832–9585, or by going to https://
www.astm.org/Standard/.
See section IV.N of this final rule for
further discussion of these standards.
Table of Contents
I. Authority and Background
II. Synopsis of the Final Rule
III. Discussion
A. Updated Industry Test Methods
1. ANSI Z21.10.3 Testing Standard
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2. ASTM Standard Test Method D2156 and
Smoke Spot Test
3. ASTM Test Standards C177 and C518
B. Ambient Test Conditions and
Measurement Intervals
1. Ambient Room Temperature
2. Test Air Temperature
3. Ambient Relative Humidity
4. Maximum Air Draft
5. Measurement Intervals
C. Test Set-Up for Storage and StorageType Instantaneous Water Heaters
D. Test Method for Unfired Hot Water
Storage Tanks
E. Setting the Tank Thermostat for Storage
and Storage-Type Instantaneous Water
Heaters
1. Gas-fired and Oil-Fired Storage Water
Heaters
2. Electric Storage Water Heaters
F. Steady-State Requirements and Soak-In
Period
1. Steady-State Verification
2. Clarifying Statements
3. Soak-In Period
G. Definitions for Certain Consumer Water
Heaters and Commercial Water Heating
Equipment
1. Consumer Water Heaters
2. Commercial Water Heating Equipment
3. Residential-Duty Commercial Water
Heaters
4. Storage-Type Instantaneous Water
Heaters
H. Standby Loss Test for Instantaneous
Water Heaters and Hot Water Supply
Boilers
1. Definition of Flow-Activated
Instantaneous Water Heater
2. Storage Volume Determination for
Instantaneous Water Heaters and Hot
Water Supply Boilers (Excluding
Storage-Type Instantaneous Water
Heaters)
3. Standby Loss Test Procedures for
Instantaneous Water Heaters and Hot
Water Supply Boilers (Other Than
Storage-Type Instantaneous Water
Heaters)
I. Test Set-Up for Commercial
Instantaneous Water Heaters and Hot
Water Supply Boilers
1. Location of Outlet Water Temperature
Measurement
2. Multiple Outlet Water Connections
3. Supply and Outlet Water Valves
4. Additional Comments
5. Test Set-Up for Instantaneous Water
Heaters and Hot Water Supply Boilers
J. Test Procedure for Rating Commercial
Heat Pump Water Heaters
1. Definitions of CHPWH
2. Test procedure for CHPWH
K. Gas Pressure
L. Fuel Input Rate
1. Certification Provisions
2. Enforcement Provisions
M. Default Values for Certain Test
Parameters for Commercial Water
Heating Equipment
N. Certification Requirements
O. Other Issues
1. Timing of the Test Procedure and Energy
Conservation Standards Rulemakings
2. Other Comments
3. Waiver Requests
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IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866
B. Review Under the Regulatory Flexibility
Act
1. Need for, and Objectives of, the Rule
2. Significant Issues Raised in Response to
the IRFA
3. Description and Estimate of the Number
of Small Entities Affected
4. Description and Estimate of Compliance
Requirements
5. Significant Alternatives to the Rule
C. Review Under the Paperwork Reduction
Act of 1995
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 Section 32 of the Federal
Energy Administration Act of 1974
M. Congressional Notification
N. Description of Materials Incorporated by
Reference
V. Approval of the Office of the Secretary
I. Authority and Background
Title III, Part C 1 of the Energy Policy
and Conservation Act of 1975 (EPCA or
the Act), Public Law 94–163 (42 U.S.C.
6311–6317, as codified), added by
Public Law 95–619, Title IV, section
441(a), sets forth a variety of provisions
designed to improve energy efficiency.2
It established the ‘‘Energy Conservation
Program for Certain Industrial
Equipment,’’ a program covering certain
commercial and industrial equipment
(hereafter referred to as ‘‘covered
equipment’’), which includes the
commercial water heating (CWH)
equipment that is the subject of this
rulemaking. (42 U.S.C. 6311(1)(K)) Title
III, Part B 3 of EPCA (42 U.S.C. 6291–
6309, as codified) sets forth a variety of
provisions designed to improve energy
efficiency and established the Energy
Conservation Program for Consumer
Products Other Than Automobiles. This
includes consumer water heaters, which
are also addressed in this rulemaking.
(42 U.S.C. 6292(a)(4))
Under EPCA, the energy conservation
programs for consumer products and
industrial equipment generally consist
of four parts: (1) Testing; (2) labeling; (3)
establishing Federal energy
1 For editorial reasons, Part C was codified as Part
A–1 in the U.S. Code.
2 All references to EPCA in this document refer
to the statute as amended through the Energy
Efficiency Improvement Act of 2015 (EEIA 2015),
Public Law 114–11 (April 30, 2015).
3 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated as Part A.
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conservation standards; and (4)
certification and enforcement
procedures. The testing requirements
consist of test procedures that
manufacturers of covered products and
equipment must use as both the basis
for certifying to DOE that their products
and equipment comply with the
applicable energy conservation
standards adopted pursuant to EPCA,
and for making representations about
the efficiency of that equipment. (42
U.S.C. 6293(c); 42 U.S.C. 6295(s); 42
U.S.C. 6314; 42 U.S.C. 6316)
The initial test procedures for CWH
equipment were added to EPCA by the
Energy Policy Act of 1992 (EPACT
1992), Public Law 102–486, and
correspond to those referenced in
ASHRAE and Illuminating Engineering
Society of North America (IESNA)
Standard 90.1–1989 (i.e., ASHRAE
Standard 90.1–1989) which went into
effect on October 24, 1992. (42 U.S.C.
6314(a)(4)(A)) EPCA requires that if an
industry test procedure that is
referenced in ASHRAE Standard 90.1 is
amended, DOE must amend its test
procedure to be consistent with the
amended industry test procedure,
unless DOE determines that the
amended test procedure is not
reasonably designed to produce test
results that reflect the energy efficiency,
energy use, or estimated operating costs
of the equipment during a
representative average use cycle. In
addition, DOE must determine that the
amended test procedure is not unduly
burdensome to conduct. (42 U.S.C.
6314(a)(2), (3) and (4)(B))
If DOE determines that a test
procedure amendment is warranted, it
must publish a proposed test procedure
in the Federal Register and offer the
public an opportunity to present oral
and written comments. (42 U.S.C.
6314(b)(1)–(2)) When amending a test
procedure, DOE must determine to what
extent, if any, the proposed test
procedure would alter the equipment’s
energy efficiency as determined under
the existing test procedure. (42 U.S.C.
6293(e); 42 U.S.C. 6314(a)(4)(C))
The Energy Independence and
Security Act of 2007 (EISA 2007), Public
Law 110–140, amended EPCA to require
that at least once every 7 years, DOE
must review test procedures for each
type of covered equipment, including
CWH equipment, and either: (1) Amend
the test procedures if the Secretary of
Energy (Secretary) determines that the
amended test procedures would more
accurately or fully comply with the
requirements of 42 U.S.C. 6314(a)(2)–
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(3),4 or (2) publish a notice of
determination not to amend a test
procedure. (42 U.S.C. 6314(a)(1)(A))
Under this requirement, DOE must
review the test procedures for CWH
equipment no later than May 16, 2019,
which is 7 years after the most recent
final rule amending the Federal test
method for CWH equipment.5 This final
rule satisfies the requirement to review
the test procedure for CWH equipment
within 7 years, as well as the
aforementioned requirement that DOE
amend its test procedure if an industry
test procedure is updated.
DOE’s test procedure for CWH
equipment is found at 10 CFR 431.106,
Uniform test method for the
measurement of energy efficiency of
commercial water heaters and hot water
supply boilers (other than commercial
heat pump water heaters).6 DOE’s test
procedure for CWH equipment provides
a method for determining the thermal
efficiency and standby loss of CWH
equipment. In a direct final rule for test
procedures for CWH equipment, DOE
incorporated by reference certain
sections of ANSI Standard Z21.10.3–
1998 (ANSI Z21.10.3–1998), Gas Water
Heaters, Volume III, Storage Water
Heaters With Input Ratings Above
75,000 Btu Per Hour, Circulating and
Instantaneous. 69 FR 61974, 61983 (Oct.
21, 2004). On May 16, 2012, DOE
published a final rule for certain
commercial heating, air-conditioning,
and water heating equipment in the
Federal Register that, among other
things, updated the test procedures for
certain CWH equipment by
incorporating by reference ANSI
4 42 U.S.C. 6314(a)(2) requires that test
procedures be reasonably designed to produce test
results which reflect energy efficiency, energy use,
and estimated operating costs of a type of industrial
equipment (or class thereof) during a representative
average use cycle (as determined by the Secretary),
and not be unduly burdensome to conduct.
42 U.S.C. 6314(a)(3) requires that if the test
procedure is a procedure for determining estimated
annual operating costs, such procedure must
provide that such costs are calculated from
measurements of energy use in a representative
average-use cycle (as determined by the Secretary),
and from representative average unit costs of the
energy needed to operate such equipment during
such cycle. The Secretary must provide information
to manufacturers of covered equipment regarding
representative average unit costs of energy.
5 DOE published a final rule in the Federal
Register on May 16, 2012, that, in relevant part,
amended its test procedure for commercial water
heating equipment. 77 FR 28928.
6 DOE has reserved a place in its regulations for
a test procedure for commercial heat pump water
heaters at 10 CFR 431.107, Uniform test method for
the measurement of energy efficiency for
commercial heat pump water heaters. However, in
this final rule, DOE is removing 431.107 and
addressing the test method for commercial heat
pump water heaters in Appendix E to Subpart G of
10 CFR 431.
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Z21.10.3–2011. 77 FR 28928, 28996.
These updates did not materially alter
DOE’s test procedure for CWH
equipment.
The American Energy Manufacturing
Technical Corrections Act (AEMTCA),
Public Law 112–210, was signed into
law on December 18, 2012, and
amended EPCA to require that DOE
publish a final rule establishing a
uniform efficiency descriptor and
accompanying test methods for
consumer water heaters and certain
CWH equipment. (42 U.S.C. 6295(e)(5))
AEMTCA required DOE to replace the
current efficiency metric for consumer
water heaters (energy factor) and the
current efficiency metrics for
commercial water heaters (thermal
efficiency and standby loss) with a
uniform efficiency descriptor. (42 U.S.C.
6295(e)(5)(C)) Further, AEMTCA
required that the uniform efficiency
descriptor and accompanying test
method apply, to the maximum extent
possible, to all water heating
technologies currently in use and to
future water heating technologies. (42
U.S.C. 6295(e)(5)(H)) However,
AEMTCA allowed DOE to exclude from
the uniform efficiency descriptor
specific categories of covered water
heaters that do not have residential
uses, that can be clearly described, and
that are effectively rated using the
current thermal efficiency and standby
loss descriptors. (42 U.S.C.
6295(e)(5)(F))
DOE published a final rule for test
procedures for certain CWH equipment
on July 11, 2014 (‘‘July 2014 final rule’’).
79 FR 40542. The July 2014 final rule
modified the current consumer water
heater metric (energy factor) to create
uniform energy factor (UEF), the
descriptor to be used as the uniform
efficiency descriptor for all consumer
water heaters and CWH equipment that
have residential uses. Id. at 40544. The
July 2014 final rule excluded CWH
equipment from the uniform descriptor
equipment that has no residential use,
that can be clearly identified and
described, and that is effectively rated
using the current thermal efficiency and
standby loss efficiency descriptors. In
the July 2014 final rule, DOE defined
and adopted a new test method for
‘‘residential-duty commercial water
heaters,’’ which are commercial water
heaters that have residential uses. Id.
For this final rule for CWH equipment
test procedures, DOE is only amending
test procedures for the CWH equipment
classes that are not ‘‘residential-duty
commercial water heaters’’ as adopted
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in the July 2014 final rule.7 On February
27, 2014, DOE published in the Federal
Register a request for information
(February 2014 RFI) to seek public
comments on several issues associated
with the current test procedure for CWH
equipment. 79 FR 10999. On May 9,
2016, DOE published a NOPR proposing
amendments to its procedures for
certain CWH equipment (May 2016
NOPR). 81 FR 28588. The May 2016
NOPR considered and responded to
comments received in response to the
February 2014 RFI.
In this final rule, DOE responds to all
comments received from interested
parties in response to the proposals
presented in the May 2016 NOPR, either
during the May 2016 NOPR public
meeting or in subsequent written
comments.
II. Synopsis of the Final Rule
As explained in detail in section III,
in this final rule, DOE amends subpart
G of 10 CFR part 431 to:
• Incorporate by reference certain
provisions of the most current version of
the following industry standards, older
versions of which are currently
incorporated into DOE’s regulations: (1)
ANSI Z21.10.3–2015/CSA 4.3–2015,
Gas-fired Water Heaters, Volume III,
Storage Water Heaters with Input
Ratings Above 75,000 Btu Per Hour,
Circulating and Instantaneous; (2)
ASTM Standard Test Method D2156–09,
Standard Test Method for Smoke
Density in Flue Gases from Burning
Distillate Fuels; (3) ASTM Standard Test
Method C177–13, Standard Test Method
for Steady-State Heat Flux
Measurements and Thermal
Transmission Properties by Means of the
Guarded-Hot-Plate Apparatus; and (4)
ASTM Test Standard Method C518–15,
Standard Test Method for Steady-State
Thermal Transmission Properties by
Means of the Heat Flow Meter
Apparatus;
• Update the requirements for
ambient condition requirements,
measurement locations, and
measurement intervals for the thermal
efficiency and standby loss test
procedures;
• Amend the test set-up requirements
for storage water heaters, storage-type
instantaneous water heaters,
instantaneous water heaters, and hot
water supply boilers;
• Update provisions for setting the
tank thermostat for storage and storagetype instantaneous water heaters prior
7 Although
DOE did not consider amended test
procedures for residential-duty commercial water
heaters, DOE is amending the definition for
‘‘residential-duty commercial water heater,’’ as
discussed in section III.G.3.
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to the thermal efficiency and standby
loss tests;
• Update requirements for
establishing steady-state operation for
CWH equipment;
• Update existing and adopt new
definitions for certain consumer water
heaters, certain CWH equipment,
residential-duty commercial water
heater and storage-type instantaneous
water heaters;
• Update the test set-up for
instantaneous water heaters and hot
water supply boilers that are tested
using a recirculating loop;
• Adopt a new standby loss test
procedure for flow-activated and
externally-activated instantaneous water
heaters;
• Modify the standby loss test
procedure for internally
thermostatically-activated instantaneous
water heaters;
• Update the test procedure for
determination of storage volume for
instantaneous water heaters and hot
water supply boilers (other than storagetype instantaneous water heaters);
• Adopt requirements for gas supply
pressure and gas outlet pressure of gasfired CWH equipment;
• Adopt a new test procedure for
rating commercial heat pump water
heaters (CHPWHs) based on certain
sections incorporated by reference from
ANSI/ASHRAE Standard 118.1–2012,
Method of Testing for Rating
Commercial Gas, Electric, and Oil
Service Water-Heating Equipment;
• Adopt provisions for measurement
and enforcement of fuel input rate; and
• Specify default values for certain
parameters for testing oil-fired CWH
equipment.
The final rule also amends 10 CFR
part 429 to clarify certification
requirements and enforcement
procedures for certain CWH equipment,
and amends certain definitions in 10
CFR part 430. Specifically, in 10 CFR
part 430, this final rule removes the
definitions of ‘‘Electric heat pump water
heater’’ and ‘‘Gas-fired heat pump water
heater,’’ and revises the definitions of
‘‘Electric instantaneous water heater,’’
‘‘Electric storage water heater,’’ ‘‘Gasfired instantaneous water heater,’’ ‘‘Gasfired storage water heater,’’ ‘‘Oil-fired
instantaneous water heater,’’ and ‘‘Oilfired storage water heater.’’
III. Discussion
Table III–1 presents the list of
interested parties that submitted written
comments in response to the May 2016
NOPR.
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79265
TABLE III–1—INTERESTED PARTIES PROVIDING COMMENT IN RESPONSE TO THE MAY 2016 NOPR
Name
Abbreviation
Commenter
type*
A.O. Smith Corporation and Lochinvar, LLC ...............................................................
Air-Conditioning, Heating, and Refrigeration Institute ..................................................
American Gas Association and American Public Gas Association .............................
Appliance Standards Awareness Project and American Council for an Energy-Efficient Economy.
Bock Water Heaters, Inc ..............................................................................................
Bradford White Corporation .........................................................................................
Bradley Corporation .....................................................................................................
California Investor Owned Utilities ...............................................................................
Earthlinked Technologies Inc .......................................................................................
Edison Electric Institute ................................................................................................
GE Appliances ..............................................................................................................
HTP, Inc .......................................................................................................................
Lochinvar, LLC .............................................................................................................
Northwest Energy Efficiency Alliance ..........................................................................
Raypak, Inc ..................................................................................................................
Rheem Corporation ......................................................................................................
Rinnai America Corporation .........................................................................................
A.O. Smith ................................................
AHRI .........................................................
Gas Associations ......................................
Joint Advocates (ASAP and ACEEE) .......
M
IR
IR
EA
Bock ..........................................................
Bradford White ..........................................
Bradley ......................................................
CA IOUs ....................................................
Earthlinked ................................................
EEI ............................................................
GE .............................................................
HTP ...........................................................
Lochinvar ..................................................
NEEA ........................................................
Raypak ......................................................
Rheem ......................................................
Rinnai ........................................................
M
M
M
IR
M
IR
M
M
M
EA
M
M
M
* ‘‘IR’’: Industry Representative; ‘‘M’’: Manufacturer; ‘‘EA’’: Efficiency/Environmental Advocate.
These interested parties commented
on a range of issues, including those
identified by DOE in the May 2016
NOPR, as well as other issues related to
the proposed test procedure. The issues,
the comments received, DOE’s
responses to those comments, and the
resulting changes to the NOPR test
procedure proposals for CWH
equipment adopted in this final rule are
discussed in the following subsections.
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A. Updated Industry Test Methods
DOE’s test procedure for measuring
the energy efficiency for CWH
equipment currently incorporates by
reference the industry standard ANSI
Z21.10.3–2011 at 10 CFR 431.105.
Additionally, DOE lists ASTM Standard
Test Methods D2156–80, C177–97, and
C518–91 as sources of information and
guidance in 10 CFR 431.104. DOE
defines ‘‘ASTM Standard Test Method
D2156–80’’ at 10 CFR 431.102, and
points to this source in DOE’s current
test procedure at 10 CFR 431.106. DOE
points to ASTM C177–97 and ASTM
C518–91 in its definition of ‘‘R-value’’ at
10 CFR 431.102. In the May 2016 NOPR,
DOE proposed to update the references
to industry test methods to incorporate
the most recent version available of each
of these standards.
As described in section I, with respect
to CWH equipment, EPCA initially
directs DOE to use industry test
methods as referenced in ASHRAE/IES
Standard 90.1, ‘‘Energy Standard for
Buildings Except Low-Rise Residential
Buildings.’’ (42 U.S.C. 6314(a)(4)(A)) If
and when such an industry test method
is amended, EPCA requires that DOE
amend its test procedure as necessary to
be consistent with the amended
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industry test method unless it
determines, by rule published in the
Federal Register and supported by clear
and convincing evidence, that the
amended test procedure would be
unduly burdensome to conduct or
would not produce test results that
reflect the energy efficiency, energy use,
and estimated operating costs of that
equipment during a representative
average use cycle. (42 U.S.C. 6314(a)(2),
(3) and (4)(B))
AHRI and Rheem stated that DOE is
obligated to adopt generally accepted
industry testing procedures and may
only adopt an alternate procedure upon
proving by clear and convincing
evidence that the industry test standard
is not designed to reflect the energy
efficiency of the equipment being tested
or is unduly burdensome to conduct.
(AHRI, No. 26 at pp. 3–4, Rheem No. 34
at p. 2) AHRI argued that the May 2016
NOPR does not address this statutory
requirement and instead shifts the
burden of data production to the
regulated industry, and further argued
that DOE must quantify the benefits of
the proposed test procedure over the
industry test standards. (AHRI, No. 26 at
pp. 3–4) Rheem asserted that the
appropriate reason to amend the current
Federal test procedure is the statutory
requirement to amend the Federal test
procedure whenever the industryaccepted test standard for commercial
water heating equipment is amended,
and recommended that DOE adopt the
industry-accepted test procedure rather
than amendments to it. Rheem added
that, in its view, the proposed test
procedures lack justification, are
burdensome, and are contradictory to
the requirements of Executive Order
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12988, ‘‘Civil Justice Reform.’’ (Rheem,
No. 34 at pp. 1–4) A. O. Smith stated
that the proposed test procedure is not
justified by empirical and qualitative
data. (A. O. Smith, No. 27 at p. 1)
DOE does not agree with commenters’
interpretations of the relevant statutory
provisions at issue here. Under 42
U.S.C. 6314(a)(4)(B), when DOE is
triggered by the amendment of an
industry test method applicable to
ASHRAE equipment, the Secretary is
directed to undertake an assessment of
that industry test method to determine
whether amendments to the Federal test
procedure are ‘‘necessary’’ to be
‘‘consistent’’ with the amended industry
test method. (There may be cases where
the industry standard-setting
organization reviews its method and
puts out a new version with minimal or
no changes, in which case it may not be
necessary for DOE to amend its own test
procedure.) The term ‘‘consistent’’ does
not equate to ‘‘identical,’’ so Congress
envisioned that some differentiation
from the industry standard may be
necessary. However, in the event DOE
determines that a more significant
deviation from the industry test method
is needed (i.e., a change that would not
be ‘‘consistent’’ with the industry
method), the Secretary must determine
by rule published in the Federal
Register and supported by clear and
convincing evidence that a Federal test
procedure consistent with the industry
test method would not meet the
requirements of 42 U.S.C. 6314(a)(2) and
(3). It is only in the latter case that the
clear and convincing evidence standard
would apply.
In DOE’s experience, industry
standard-setting bodies typically
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undertake a thorough and professional
approach to their test procedures.
However, DOE must remain cognizant
of its statutory duty to ensure that the
Federal test method be consistent with
the industry test method while meeting
other statutory requirements at 42
U.S.C. 6314(a)(2)–(3) (including that the
procedure produces test results that
reflect the energy efficiency, energy use,
and estimated operating costs of that
equipment during a representative
average use cycle and is not unduly
burdensome to conduct). To the extent
that DOE identifies provisions of the
relevant industry test method that
would produce inaccurate, inconsistent,
or unrepeatable results, as demonstrated
by DOE’s testing or analysis, such
results would be unlikely to reflect a
product’s representative average energy
efficiency or use. Such findings would
demonstrate that the industry test
procedure would not meet the statutory
requirements of 42 U.S.C. 6314(a)(2)–(3)
without alteration, thereby justifying
DOE’s decision to modify the industry
test procedure (or in certain instances,
even to deviate from the industry test
procedure entirely, in which case the
clear and convincing evidence standard
would apply). That is why DOE usually
adopts certain sections of industry test
methods rather than adopting industry
methods wholesale and adjusts the
industry test methods as needed to
satisfy the aforementioned statutory
requirements. Such is the case here,
where DOE is adopting amended test
procedures that are largely consistent
with the industry test methods (parts of
which are incorporated by reference),
and any deviations from those industry
test methods adopted in this final rule
are intended to clarify the test method
to ensure consistent application,
improve repeatability, or make the test
method more representative of the
energy efficiency during a
representative average use cycle, and
ensure that the test procedure is not
unduly burdensome to conduct.
DOE is tasked with providing clear,
repeatable procedures through the
rulemaking process. The differences
between the Federal test methods that
DOE is adopting in this final rule and
the industry test methods, and the
rationale for these differences, are
explained in detail in the sections that
follow. As one example, a major
difference between the test method DOE
is adopting in this final rule and the
method contained in ANSI Z21.10.3–
2015 is the method for setting the
thermostat for gas-fired and oil-fired
storage water heaters—DOE requires the
thermostat be set based on the reading
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from the top-most thermostat, while
ANSI Z21.10.3–2015 requires the
thermostat be set based on the mean
temperature of the water stored within
the tank. As discussed in detail in
section III.E.1 below, certain CWH
designs having a large amount of
stratification cannot achieve the mean
tank temperature of 140 ± 5 °F required
by ANSI Z21.10.3–2015. Thus, if DOE
were to adopt the industry method
wholesale, there would be certain
models that could not be tested in
accordance with the test procedure.
Further, the thermostats of gas-fired and
oil-fired storage water heaters are
generally set in the field to deliver water
at the temperature needed for the
application, without regard to the mean
temperature of the water stored within
the tank, as it is typically not relevant
to the user as long as the water at the
outlet can meet the temperature
requirement for the application.
Therefore, for this particular example,
the DOE test method adopted in this
final rule differs from the industry
standard only to the extent that it is
appropriate for and can be used for all
types of CWH equipment. This
approach to amending test procedures
both maintains consistency with the
industry test method and ensures that
the Federal test method meets the
statutory requirements set forth above.
Nonetheless, assuming that DOE
requires clear and convincing evidence
for its amendments to industry
standards here, DOE believes its
findings fully satisfy that threshold. To
explain that conclusion, DOE articulates
how it understands the ‘‘clear and
convincing evidence’’ concept to
operate in the context of DOE’s
establishing of test procedures. A
rulemaking procedure is unlike the
context of litigation, where ‘‘clear and
convincing’’ means that the evidence
must ‘‘place in the ultimate factfinder
an abiding conviction that the truth’’ of
its conclusions is ‘‘highly probable.’’ 8
Nonetheless, DOE fully recognizes that
whenever it must have ‘‘clear and
convincing evidence’’ pursuant to 42
U.S.C. 6314(a), it needs a higher degree
of confidence in its conclusions than
would be required under the
‘‘preponderance’’ standard that
ordinarily applies in agency rulemaking.
In such matters, the administrative
record, taken as a whole, must justify
DOE in a strong conviction that its
conclusions are highly likely to be
correct.9
8 Colorado
v. New Mexico, 467 U.S. 310, 316
(1984).
9 Because a test procedure rulemaking is not a
litigation, the differences warrant some differences
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For purposes of establishing test
procedures under 42 U.S.C. 6314(a),
‘‘clear and convincing evidence’’ can
include the same sorts of evidence that
DOE would use in any other
rulemaking. But DOE will conclude it
has ‘‘clear and convincing evidence’’
only when it is strongly convinced that
it is highly likely to have reached
appropriate findings. With respect to the
findings discussed in this rulemaking,
DOE does have that strong conviction.
In addition, contrary to AHRI’s
assertion, DOE is under no statutory
obligation to quantify the benefits of
adopting improved test procedures
other than to find that the test
procedures are not unduly burdensome
to conduct. In response to Rheem’s
suggestion that DOE simply adopt
industry test methods without
amendment, where the industry-based
test procedure contains one or more
provisions that would prevent it from
generating results that meet the
requirements of the statute, EPCA
directs DOE to adopt a Federal test
procedure that resolves the identified
problem(s)—not to adopt the industry
method unquestioned. See 42 U.S.C.
6314(a)(2), (3) and (4). For the example
given above, the industry test method
cannot be used without modification for
certain CWH equipment, as those
equipment are not designed to operate
in the manner prescribed by the
industry test method. Therefore, the
energy efficiency resulting from the
industry test method (if possible to test)
would not reflect the energy efficiency
of that equipment during a
representative average use cycle, and in
such instances EPCA requires DOE to
modify the test procedure.
Consistent with this authority, DOE is
adopting a test procedure that is
generally consistent with the industrybased test procedure. The justification
and evidence supporting each provision
adopted is described in the sections that
follow, including DOE’s compliance
with Executive Order 12988, which is
addressed in section IV.F of this final
rule.
The following subsections discuss
revisions to DOE’s test procedure for
`
CWH equipment vis-a-vis these industry
standards.
1. ANSI Z21.10.3 Testing Standard
As previously noted, DOE’s test
procedure for measuring the energy
efficiency for CWH equipment currently
incorporates by reference the industry
in how the ‘‘clear and convincing evidence’’
threshold operates. DOE both develops the record
and reviews it to make findings. Also, as an agency
tasked with setting policy, DOE is ordinarily
expected to use its technical judgment.
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standard ANSI Z21.10.3–2011 at 10 CFR
431.105. Specifically, the DOE test
procedures at 10 CFR 431.106 directs
one to follow Exhibits G.1 and G.2 of
ANSI Z21.10.3–2011 for measuring
thermal efficiency and standby loss,
respectively. An updated edition of the
industry test method, ANSI Z21.10.3–
2015/CSA 4.3–2015, Gas-fired Water
Heaters, Volume III, Storage Water
Heaters with Input Ratings Above
75,000 Btu Per Hour, Circulating and
Instantaneous (hereinafter referred to as
‘‘ANSI Z21.10.3–2015’’), was approved
on October 5, 2015, and released in
November 2015.
In the May 2016 NOPR, DOE
proposed to incorporate by reference
certain sections of ANSI Z21.10.3–2015
in its test procedures for CWH
equipment. 81 FR 28588, 28595 (May 9,
2016). Specifically, DOE proposed to
incorporate by reference only Annex E.1
of ANSI Z21.10.3–2015 (which
corresponds to Exhibit G.1 of ANSI
Z21.10.3–2011). As discussed in the
May 2016 NOPR, DOE did not propose
to incorporate by reference Annex E.2 of
ANSI Z21.10.3–2015 (which
corresponds to Exhibit G.2 of ANSI
Z21.10.3–2011) because of an error in a
standby loss equation; however, DOE
included certain language from Annex
E.2 in its standby loss test procedures
proposed in the May 2016 NOPR. Id.
DOE has concluded that the standby
loss test procedure for storage-type
CWH equipment adopted in this final
rule is consistent with the approach
taken by Annex E.2 of ANSI Z21.10.3–
2015; nonetheless, any differences in
the DOE test method (as discussed in
the applicable subsections within
section III of this notice) are also
supported by clear and convincing
evidence. CA IOUs responded to the
May 2016 NOPR by expressing support
for updating the reference to ANSI
Z21.10.3–2015 with as-needed
modifications. (CA IOUs, No. 23 at p. 1)
In the May 2016 NOPR, DOE’s proposed
test procedures included specific
references to sections c, f, and j of
Annex E.1 of ANSI Z21.10.3–2015. 81
FR 28588, 28595 (May 9, 2016)
However, as discussed in section III.F.1
of this final rule, DOE is adopting new
requirements for establishing steadystate operation prior to the thermal
efficiency test, as recommended by
several stakeholders. Therefore, in this
final rule, DOE is not referencing
section j of Annex E.1 of ANSI
Z21.10.3–2015, which includes conduct
of the thermal efficiency test and
establishment of steady-state operation.
However, DOE is adopting language and
equations for determination of thermal
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efficiency that are similar to those
included in section j of Annex E.1 of
ANSI Z21.10.3–2015. Consequently, in
this final rule DOE is amending its test
procedures for CWH equipment by
incorporating by reference sections c
and f (‘‘Vent requirements’’ and
‘‘Installation of temperature-sensing
means,’’ respectively) of Annex E.1 of
ANSI Z21.10.3–2015.
ANSI Z21.10.3–2015 also includes a
new standby loss test procedure—
Annex E.3, Method of test for measuring
standby loss for tube type instantaneous
water heaters with 10 or greater gallons
of storage. This procedure provides a
method to test standby loss of
instantaneous water heaters and hot
water supply boilers, including those
that require continuous flow of water to
activate the burner or heating element
(i.e., ‘‘flow-activated instantaneous
water heaters’’). DOE reviewed this test
procedure for the May 2016 NOPR and
discussed the issues with incorporating
Annex E.3 of ANSI Z21.10.3–2015 as a
test procedure for conducting the
standby loss test for flow-activated
instantaneous water heaters.
Specifically, DOE noted that Annex E.3
of ANSI Z21.10.3–2015 contained
several apparent errors, such as
equations that appeared to have typos
and variables that were incorrectly
defined. Further, the test method in
Annex E.3 would have ended the test
after 1 hour, and assumed that the entire
amount of thermal energy contained in
the stored water above room
temperature is lost in exactly 1 hour,
regardless of the rate at which the
equipment actually loses heat. DOE
tentatively concluded that such a
procedure would unfairly assume the
same rate of standby losses for models
that may lose heat at different rates, and
would not be representative of the
energy efficiency of this equipment.
DOE discussed these issues in detail in
section III.G of the May 2016 NOPR.
Ultimately, in the May 2016 NOPR, DOE
proposed a test procedure similar to
Annex E.3 of ANSI Z21.10.3–2015 with
modifications to: (1) The equation to
calculate the standby loss; (2) the
conduct of the test; (3) the parameters
that need to be measured; and (4) the
stopping criteria for the test. 81 FR
28588, 28607–28613 (May 9, 2016). In
the May 2016 NOPR, DOE also proposed
to adopt a different method for
determining the storage volume for use
in the standby loss calculation for flowactivated instantaneous water heaters
than that specified by Annex E.3 of
ANSI Z21.10.3–2015. Specifically, DOE
proposed to use a weight-based method
similar to the method specified in
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79267
section 5.27 of ANSI Z21.10.3–2015,
rather than the method included in
section 5.28 of ANSI Z21.10.3–2015,
which leaves the actual method for
determining storage volume to the
discretion of the test entity.
In section III.H of this final rule, DOE
discusses the comments received from
interested parties on the proposed test
procedure for flow-activated
instantaneous water heaters, including
comments on the methodology used to
determine the storage volume. In
addition, based on the comments
received, DOE has expanded the
applicability of the adopted test
procedure to externally
thermostatically-activated instantaneous
water heaters and modified the
methodology to determine the storage
volume to allow the measurement using
calculations of physical (or design
drawing) based dimensions. For
additional details, see section III.H of
this final rule.
2. ASTM Standard Test Method D2156
and Smoke Spot Test
DOE’s current test procedure for oilfired CWH equipment at 10 CFR
431.106 points to ASTM Standard Test
Method D2156–80. Specifically, DOE
requires that smoke in the flue does not
exceed No. 1 smoke 10 as measured by
the procedure in ASTM D2156–80. A
more recent version of ASTM D2156
was approved on December 1, 2009, and
reapproved on October 1, 2013. After
reviewing D2156–80 and D2156–09 for
the May 2016 NOPR, DOE tentatively
concluded that no substantive changes
were made between these versions in
the test method for determining the
smoke spot number, and therefore DOE
proposed to incorporate by reference
ASTM D2156–09 in its test procedures
for oil-fired CWH equipment. 81 FR
28588, 28595 (May 9, 2016). In response
to the May 2016 NOPR, several parties
expressed support in updating
references to ASTM D1246–09. (Bock,
No. 19 at p. 1; AHRI, No. 26 at p. 13;
A.O. Smith, No. 27 at p. 2) DOE did not
receive any other comments on this
proposal, and, therefore, DOE is
incorporating by reference ASTM
D2156–09 in its test procedures for oilfired CWH equipment in appendices A,
C, and E to subpart G of 10 CFR part
431.
DOE’s current requirement for the flue
gas smoke spot number for oil-fired
CWH equipment requires that the smoke
in the flue does not exceed No. 1 smoke;
10 The smoke scale, as described in ASTM D156,
consists of ten spots numbered consecutively from
0 to 9, ranging in equal photometric steps from
white through neutral shades of gray to black.
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however, the regulations do not specify
when during the test to determine the
smoke spot number. To improve
consistency and repeatability of testing
CWH equipment, in the May 2016
NOPR, DOE proposed to specify when
to conduct the smoke spot test. 81 FR
28588, 28596 (May 9, 2016).
Specifically, DOE proposed to require
determination of the smoke spot number
after steady-state operation has been
achieved, but prior to beginning
measurement for the thermal efficiency
test. For the thermal efficiency test, DOE
proposed to require that the smoke spot
number be determined after steady-state
condition has been reached (with
steady-state defined as being achieved
when there is no variation of the outlet
water temperature in excess of 2 °F over
a 3-minute period). For the standby loss
test, DOE proposed to require
determination of the smoke spot number
after the first cut-out 11 before beginning
measurements for the standby loss test.
DOE also proposed to require that the
CO°reading, which is required to be
measured when testing oil-fired CWH
equipment under DOE’s current test
procedures specified at 10 CFR 431.106,
also be measured at the time required
for determination of the smoke spot
number.
DOE also proposed to clarify that the
smoke spot test and measurement of
CO2 reading are required before each
thermal efficiency test or standby loss
test (as applicable) of oil-fired CWH
equipment unless no settings on the
water heater have been changed and the
water heater has not been turned off
since the end of a previously run
efficiency test, in which case a second
smoke spot test or CO2 reading is not
required prior to beginning another
efficiency test (i.e., thermal efficiency or
standby loss). Id.
In response to the May 2016 NOPR,
AHRI commented that the CO2 reading
and smoke spot number should only be
measured once when input rate of the
burner is being set, not before both the
thermal efficiency and standby loss
tests. (AHRI, No. 26 at pp. 8–9) A.O.
Smith agreed with DOE’s proposal
regarding when the smoke spot test and
measurement of CO2 reading are not
required, and agreed with DOE’s
proposal that the same requirement for
when to measure apply to both CO2
reading and the smoke spot test. (A.O.
11 Cut-out refers to the de-activation of the burner
or heating element following a control signal that
the stored water is heated to the thermostat setpoint temperature or the call for hot water has
ended. The thermostat that signals the burner to
activate or de-activate may be located inside the
unit or outside the unit at a remote location (e.g.,
in an external hot water storage tank).
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Smith, No. 27 at p. 2) Bock agreed with
the proposal regarding when to conduct
the smoke spot measurement before the
thermal efficiency test, but disagreed
with the proposal regarding when to
conduct the measurement prior to the
standby loss test. Specifically, Bock
stated that confining the smoke spot
measurement to the short time period
between the second cut-in 12 and second
cut-out would add unnecessary
complexity to the procedure, and that
the timing of the second cut-in varies.
Bock suggested measurement of the
smoke spot number 15 minutes into
initial warm-up, before the first cut-out.
(Bock, No. 19 at p. 1)
In this final rule, DOE is adopting a
requirement similar to its proposal that
the smoke spot test and CO2 reading
measurement be conducted before
beginning the thermal efficiency test.
However, given DOE’s updated
requirements that establish a steadystate verification period immediately
preceding the thermal efficiency test
(discussed in section III.F.1 of this final
rule), the testing body may not know
when the steady-state verification
period ends and the thermal efficiency
test begins until after testing is
complete. Therefore, DOE is requiring
that the smoke spot test and CO2 reading
measurement must be conducted with
the burner firing prior to beginning
measurements for the steady-state
verification period.
In response to AHRI, DOE notes that
the determination of the smoke spot
number and measurement of the CO2
reading is only required before the
standby loss test if a thermal efficiency
test or standby loss test was not
previously conducted, or if the settings
have been changed or the water heater
turned off after a previously conducted
test. Therefore, if efficiency tests are
conducted consecutively, and the water
heater settings are not changed or the
water heater turned off between tests,
the method adopted in this final rule is
in line with AHRI’s suggestion that the
smoke spot test only be required once.
DOE also recognizes that there may be
a short time period between the second
cut-in and second cut-out for
determining the smoke spot number,
and that the timing of the second cutin may not be easily predictable.
Therefore, DOE agrees with Bock that
measurement of the smoke spot number
prior to the first cut-out would be less
burdensome. When conducting the
12 Cut-in refers to the initiation of the burner or
heating element operation based on a control signal
to raise the temperature of stored hot water that has
fallen below the required thermostat set-point
temperature, or to meet an external demand for hot
water.
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standby loss test when a thermal
efficiency test was not conducted
immediately prior, the thermostat must
be set for the standby loss test prior to
the first cut-out, but there is no
specified duration for warm-up. For oilfired CWH equipment for which a test
was not previously conducted (or for
which settings on the water heater have
changed since the previous test), DOE is
therefore specifying that the smoke spot
number be determined with the burner
firing prior to beginning the standby
loss test. DOE is not adopting a
requirement that the smoke spot test
number be determined after any specific
time before beginning the standby loss
test, because DOE recognizes that
different models will take different
amounts of time to warm up.
Additionally, DOE is adopting
specifications for the test procedure for
the set-up for measuring the smoke
density for oil-fired CWH equipment, as
proposed in the May 2016 NOPR. 81 FR
28588, 28641 (May 9, 2016).
Specifically, DOE is establishing a
requirement that the smoke-measuring
device be connected to an open-ended
tube, and that this tube must project
into the flue by 1⁄4 to 1⁄2 of the pipe
diameter. These requirements are the
same as those specified for commercial
space-heating boilers in AHRI 1500–
2015, and DOE did not receive any
comments related to this proposal.
3. ASTM Test Standards C177 and C518
DOE’s current definition for
‘‘R-value’’ at 10 CFR 431.102 references
two industry test methods: ASTM
Standard Test Method C177–97 and
ASTM Test Standard Method C518–91.
A more recent version of ASTM C177
was approved in September 2013 and
published in October 2013 (ASTM
C177–13). Additionally, a more recent
version of ASTM C518 was approved in
May 2010 and published in June 2010
(ASTM C518–10). After comparing both
versions of each standard for the May
2016 NOPR, DOE tentatively concluded
that, for both standards, there are no
substantive differences in the
procedures for measuring R-value
between the new and old versions.
Therefore, in the May 2016 NOPR, DOE
proposed to incorporate by reference
ASTM Standard Test Methods C177–13
and C518–10, and to update its
references to these versions in the
definition for ‘‘R-value’’ at 10 CFR
431.102. 81 FR 28588, 28592 (May 9,
2016).
In response to the May 2016 NOPR,
several interested parties expressed
support for updating references to
ASTM C518 and C177. (Bradford White,
No. 21 at p.1; AHRI, No. 26 at p. 13; A.
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O. Smith, No. 27 at p. 2; Rheem, No. 34
at p. 4) DOE did not receive any other
comments on this proposal, and,
therefore, DOE is incorporating by
reference ASTM Standard Test Method
C177–13. However, since publication of
the May 2016 NOPR, DOE became
aware of a more recent version of ASTM
C518 that was approved in September
2015 and published in December 2015,
ASTM C518–15. After careful review,
DOE has determined that there are no
substantive differences between ASTM
C518–10 and ASTM C518–15. DOE
received no feedback which disagreed
with DOE’s proposal to update its
reference to ASTM C518 to the 2010
version. Since the 2015 version of
ASTM C518 is not substantially
different than the 2010 version and in
order to maintain up-to-date references
to industry test methods, DOE is
incorporating by reference the most
recent version of the standard, ASTM
C518–15.
B. Ambient Test Conditions and
Measurement Intervals
To improve the repeatability of the
thermal efficiency and standby loss tests
in DOE’s current test procedures for
CWH equipment, DOE proposed several
changes to its required ambient test
conditions. These proposals included:
(1) Tightening the ambient room
temperature tolerance from ± 10.0 °F to
± 5.0 °F and the allowed variance from
mean ambient temperature from ± 7.0 °F
to ± 2.0 °F; (2) requiring measurement of
test air temperature—the temperature of
entering combustion air—and requiring
that the test air temperature not vary by
more than ± 5 °F from the ambient room
temperature at any measurement
interval during the thermal efficiency
and standby loss tests for gas-fired and
oil-fired CWH equipment; (3)
establishing a requirement for ambient
relative humidity of 60 percent ± 5
percent during the thermal efficiency
and standby loss tests for gas-fired and
oil-fired CWH equipment; (4) setting a
maximum air draft requirement of 50 ft/
min as measured prior to beginning the
thermal efficiency or standby loss tests;
and (5) decreasing the time interval for
data collection from one minute to 30
seconds for the thermal efficiency test
and from 15 minutes to 30 seconds for
the standby loss test. 81 FR 28588,
28597 (May 9, 2016).
In response to the May 2016 NOPR,
several stakeholders disagreed with
DOE’s proposals to tighten requirements
on ambient conditions and argued that
DOE’s proposals would be overly
burdensome to manufacturers. (Bock,
No. 19 at p. 1; Bradford White, No. 21
at p. 3; CA IOUs, No. 23 at pp. 2–3;
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HTP, No. 24 at p. 1; AHRI, No. 26 at pp.
6–8; A.O. Smith, No. 27 at p. 2; Raypak,
No. 28 at pp. 5–6; Bradley, NOPR Public
Meeting Transcript, No. 20 at p. 33;
Rheem, No. 34 at pp. 4–6) Bock stated
that it supports using the procedures in
the most updated versions of ANSI
Z21.10.3 and ASHRAE 118.1. (Bock, No.
19 at p. 1) Bradford White further
argued that the proposed changes are
not merited because they would not
affect efficiency ratings. (Bradford
White, No. 21 at p. 3) CA IOUs stated
that the proposed tightening of
requirements would not provide a
significant improvement in accuracy.
(CA IOUs, No. 23 at pp. 2–3)
A.O. Smith suggested that DOE’s
proposed modifications to the required
ambient conditions would be very
difficult to meet with large equipment
with significant makeup air
requirements. A.O. Smith also pointed
out that a model of CWH equipment
with a rated input of 2 million Btu/h
would consume fresh air at a rate of 400
cfm, and that there are over 30 models
of CWH equipment on the market with
a rated input of 2 million Btu/h or
greater. (A.O. Smith, No. 27 at p. 2)
AHRI, A.O. Smith, and Raypak argued
that laboratories in which CWH
equipment is typically tested have
multiple ongoing activities, with doors
opening and closing, and that
conditioning air in such a facility to
meet DOE’s proposed ambient condition
requirements would be unduly
burdensome to manufacturers. (AHRI,
No. 26 at p. 7; A.O. Smith, No. 27 at p.
2; Raypak, No. 28 at p. 6) Bradford
White indicated that costs per
manufacturer to laboratory upgrades
required to meet DOE’s proposed
requirements would be hundreds of
thousands of dollars or require purchase
of environmental chambers which cost
at least $120,000 each; AHRI suggested
that the cost of complying with the
proposed requirements would range
from $250,000 to $1 million per
manufacturer; Raypak suggested the cost
to upgrade its facility would be
$500,000 to $1.5 million; Rinnai
suggested that meeting DOE’s proposed
requirements would require
environmental chambers which cost
more than $250,000 each; and Rheem
suggested that the cost for laboratory
upgrades would be greater than
$500,000. (Bradford White, No. 21 at p.
3; AHRI, No. 26 at p. 7; Raypak, No. 28
at p. 6; Rinnai, No. 34 at p. 1; Rheem,
No. 34 at p. 5) NEEA agreed with DOE’s
proposed ambient condition
requirements and suggested that the
requirements would improve the
consistency of DOE’s test procedures
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with little or no additional test burden.
(NEEA, No. 30 at p. 2)
In light of comments received, DOE is
not adopting the more stringent ambient
conditions (i.e., tighter tolerance on
ambient room temperature, ambient
relative humidity requirements) that
were proposed in the May 2016 NOPR
that may have added to test burden for
manufacturers. Therefore, DOE
considers these comments mitigated.
However, DOE is adopting changes
related to its other proposals regarding
test air temperature, maximum air draft,
and data collection intervals, and the
specific actions that DOE is taking on
each of the proposed requirements and
the potential test burden associated with
each action are discussed separately in
detail in this section.
Joint Advocates suggested that DOE
should require collection and reporting
of data for relative humidity, air
temperature, and barometric pressure.
(Joint Advocates, No. 32 at p. 2) CA
IOUs commented that DOE should
consider the impact of barometric
pressure on the results of efficiency
testing of CWH equipment because it
affects how much moisture can be held
in air. CA IOUs also requested that DOE
conduct an uncertainty analysis to
demonstrate that tighter temperature
and humidity tolerances are warranted.
(CA IOUs, No. 23 at p. 3) DOE is not
aware of any data demonstrating that
barometric pressure significantly affects
the measured efficiency for CWH
equipment, and has therefore not found
it necessary to regulate the ambient
barometric pressure of test rooms for
any heating products. In response to the
May 2016 NOPR, no commenters
provided such data. Therefore, DOE is
not adopting barometric pressure
requirements in this final rule.
Furthermore, with regard to the Join
Advocates suggestion, DOE notes that
reported values resulting from testing
are typically based on test results of a
sample that contains two or more units,
which could have slightly different
relative humidity and air temperatures
during testing. Manufacturers then
report representative values in
accordance with the requirements of 10
CFR 429. Because reported values for
relative humidity and air temperature
would be based on multiple unit
samples and would not correspond to a
single efficiency rating resulting from a
specific set of ambient conditions, this
information would be of little value to
commercial consumers. Therefore, DOE
is declining to adopt these reporting
requirements at this time.
The following subsections discuss the
specific comments on each of the
proposed changes for the ambient test
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conditions, along with DOE’s response
and decision.
1. Ambient Room Temperature
Bradford White, AHRI, and Rheem
noted that DOE’s proposal to tighten the
ambient room temperature requirement
from 75 °F ± 10.0 °F to 75 °F ± 5.0 °F
would preclude the testing of both
consumer water heaters and commercial
water heating equipment in the same
test laboratory, because DOE’s test
procedure for consumer water heaters
requires that the ambient room
temperature be maintained between
65 °F and 70 °F. (Bradford White, No. 19
at p. 3; AHRI, No. 26 at p. 7; Rheem, No.
34 at p. 5) While Bradford White, AHRI,
and A.O. Smith argued that DOE’s
proposal to decrease the permitted
variance from mean ambient
temperature during testing from ± 7.0 °F
to ± 2.0 °F would require costly
upgrades to HVAC systems in testing
facilities, they supported decreasing the
allowed variance from ± 7.0 °F to ±
5.0 °F. (Bradford White, No. 19 at p. 3;
AHRI, No. 26 at p. 7; A.O. Smith, No.
27 at p. 18) Bradford White further
noted that most manufacturers could
accommodate a decrease in the allowed
variance to ± 5.0 °F using their existing
laboratory HVAC systems. (Bradford
White, No. 19 at p. 3) A.O. Smith further
noted that decreasing the allowed
variance to ± 5.0 °F would not be
burdensome to manufacturers because
rapid variations in supply air flow and
temperature could be avoided. (A.O.
Smith, No. 27 at p. 18)
DOE agrees with commenters that
establishing a narrower range for
ambient room temperature such that
consumer water heaters and commercial
water heating equipment cannot be
tested at the same time could be overly
burdensome to some manufacturers.
Therefore, DOE is maintaining its
current ambient room temperature
requirement for testing of CWH
equipment at 75 °F ± 10.0 °F. In light of
comments from several commenters that
a decrease in the permitted variance
from mean ambient temperature during
testing from ± 7.0 °F to ± 5.0 °F would
not be burdensome to manufacturers,
DOE is adopting a requirement that the
ambient temperature must not vary from
the mean temperature during testing by
more than ± 5.0 °F. This requirement is
consistent with the requirement in ANSI
Z21.10.3–2015, but slightly more
stringent to improve repeatability. Based
on the comments received, DOE
believes this change would not add
undue burden and would improve the
repeatability of the test.
In the May 2016 NOPR, DOE
proposed that the ambient room
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temperature be measured at the same
interval during the soak-in period as
during the thermal efficiency and
standby loss tests—30 seconds. 81 FR
28588, 28641, 289644 (May 9, 2016).
However, DOE believes that
measurement of the ambient room
temperature at frequent intervals
throughout the 12-hour soak-in period is
unnecessary. Unlike for an efficiency
test (i.e., thermal efficiency or standby
loss) or the steady-state verification
period, measurements from the soak-in
period are not used in calculation of an
efficiency metric or in verification of
steady-state operation. The purpose of
the soak-in period is simply to allow the
tank insulation of storage water heaters
and storage-type instantaneous water
heaters to reach thermal equilibrium
between the ambient room temperature
and the stored water temperature. DOE
believes that as long as no actions are
taken that would change the ambient
room temperature during the soak-in
period, the ambient room temperature
need only be measured prior to
beginning the soak-in period. Therefore,
DOE is adopting a requirement that the
ambient room temperature be
maintained at 75 °F ± 10 °F during the
soak-in period as measured prior to
beginning the soak-in period, and that
no actions be taken during the soak-in
period that would cause the ambient
room temperature to deviate from this
range.
2. Test Air Temperature
In the May 2016 NOPR, DOE
proposed to require measurement of test
air temperature—the temperature of
entering combustion air—and require
that the test air temperature not vary by
more than ± 5 °F from the ambient room
temperature at any measurement
interval during the thermal efficiency
and standby loss tests for gas-fired and
oil-fired CWH equipment. 81 FR 28588,
28597 (May 9, 2016). Bradford White
and Raypak disagreed with DOE’s
proposed requirements for test air
temperature. (Bradford White, No. 19 at
pp. 3–4; Raypak, No. 28 at pp. 5–6)
Bradford White and AHRI argued that
measurement of test air temperature at
each air inlet would be redundant given
the required measurement of ambient
room temperature, because DOE’s
ambient room temperature requirement
would apply to entering combustion air.
(Bradford White, No. 19 at pp. 3–4;
AHRI, No. 26 at p. 8) Bradford White
further argued that DOE’s ambient room
temperature requirement would apply
to entering combustion air because most
models of CWH equipment are tested
with minimal vent length, and therefore
the combustion air inlet would be very
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close to the water heater and location of
ambient room temperature
measurement. Bradford White also
asserted that DOE’s proposal would
present complications for water heaters
with air inlets on the bottom of the unit
and for models that draw combustion
air from the periphery of the water
heater, and that at least three
thermocouples would likely be needed
in these cases to measure test air
temperature. Braford White also stated
that adding multiple additional
thermocouples to a data acquisition
system would be more burdensome than
suggested by DOE. (Bradford White, No.
19 at pp. 3–4) AHRI commented that the
requirement to measure test air
temperature within 2 feet of the
combustion air inlet would not be
possible for models with concentric
direct venting. AHRI also argued that
measuring the test air temperature for
each air inlet for water heaters with
multiple air inlets would be an
unnecessary burden, and that one
properly located temperature sensor
could adequately monitor incoming air
temperature for such water heaters.
(AHRI, No. 26 at pp. 7–8) Raypak
questioned why DOE proposed to
require measurement of test air
temperature, arguing that it does not
affect measured efficiency and that DOE
has not provided evidence that test air
temperature affects accuracy or
repeatability of test results. (Raypak, No.
28 at pp. 5–6)
DOE believes that the temperature of
entering combustion air, or test air
temperature, can have a significant
effect on the measured efficiency of a
water heater. An increased combustion
air temperature increases the enthalpy
of the entering air to the water heater,
and this increased combustion air
enthalpy provides for additional heating
of water that is not reflected in the
calculation of thermal efficiency. While
DOE’s current test procedure for CWH
equipment does include a requirement
for ambient room temperature, this
value is only measured at a single
location. Therefore, it is possible that
the air temperatures could differ
between the locations of measurement
of ambient room temperature and test
air temperature. As mentioned by AHRI,
some models of CWH equipment are
tested with direct venting systems, and
DOE notes that the combustion air
intake vent for such equipment would
likely not be located in the immediate
vicinity of the CWH equipment.
Therefore, measurement of ambient
room temperature would not be
representative of the test air temperature
for such equipment. DOE notes that
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Raypak did not provide a rationale to
support its assertion that test air
temperature does not affect the
measured efficiency. DOE also notes
that AHRI 1500–2015, the industryconsensus test standard for commercial
packaged boilers, includes similar
requirements for measurement of both
ambient room temperature and test air
temperature. DOE does not believe that
there is a significant difference between
testing CWH equipment and commercial
packaged boilers that would make
measuring and recording test air
temperature overly burdensome for
CWH equipment. DOE acknowledges
that, in certain cases, the air inlet(s) to
the water heater may be close enough to
the required location for measurement
of ambient room temperature that there
may not be a significant difference in
temperature measured at the two
locations. However, after consultation
with independent testing laboratories,
requiring additional temperature
sensors to a data acquisition system to
record another air temperature
measurement (or multiple
measurements) for the combustion air
does not appear to present a significant
burden to manufacturers, as it would be
a simple, one-time task.
In this final rule, for gas-fired and oilfired CWH equipment, DOE is adopting
a requirement that test air temperature
be measured within 2 feet of the air inlet
to the water heater. DOE also is
adopting a requirement that the test air
temperature may not vary by more than
± 5 °F from the ambient room
temperature at any measurement
interval during the thermal efficiency or
standby loss tests, as applicable. DOE
concludes that the additional
requirements for test air temperature are
consistent with the industry standard,
ANSI Z21.10.3–2015, as these
requirements do not change or conflict
with any requirements in the industry
standard. Instead, the requirements
pertaining to test air temperature
provide a more detailed approach to
maintaining the room temperature and
will ensure consistent and repeatable
temperatures within the test area.
Regarding AHRI’s comments with
respect to measuring test air
temperature for models with direct
venting, DOE’s intent by the phrase ‘‘air
inlet to the water heater’’ in the
proposed requirement was to refer to the
site where combustion air enters either
the water heater or air intake vent, if
applicable. However, DOE
acknowledges that more specific
phrasing is warranted to clarify the
measurement location for models tested
with direct venting. Therefore, DOE is
adopting language such that the test air
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temperature must be measured within
two feet of the air inlet to the water
heater or the inlet to the combustion air
intake vent, as applicable.
In the May 2016 NOPR, DOE
proposed a location for the
measurement of the test air temperature
for units without a dedicated air inlet.
81 FR 28588, 28597 (May 9, 2016).
Specifically, DOE proposed that in this
case, the test air temperature would be
measured within two feet of a location
on the water heater where combustion
air would enter the unit. DOE believes
that this provision provide adequate
instruction as to how to test units that
draw combustion air from the periphery
of the water heater, which was raised as
a potential issue by Bradford White.
Therefore, DOE is adopting the language
proposed in the May 2016 NOPR for
how to measure test air temperature for
units without a dedicated air inlet. For
such a unit, the test air temperature
must be measured within two feet of
any location on the water heater where
combustion air is drawn. Additionally,
for such a unit, DOE’s adopted
requirements would only require
measurement of test air temperature at
one location, not three, as asserted by
Bradford White. For example, if a unit
draws combustion air through a gap
between the burner tray and the bottom
of the tank, then the test air temperature
must be measured within two feet of
that gap.
Regarding Bradford White’s comment
that test air temperature measurement
would be complicated for units with an
air inlet on the bottom of the water
heater, DOE believes that its provisions
adopted in this final rule adequately
address this issue. For water heaters that
draw air from the periphery of the
bottom of the water heater, DOE’s
previously discussed provision for how
to measure test air temperature for units
without a dedicated air inlet would
apply. DOE is unaware of any models of
CWH equipment on the market with a
dedicated air inlet on the bottom of the
water heater (i.e., in between the water
heater bottom and the ground), and
suspects that this would be a
undesirable configuration, as the small
clearance between the water heater
bottom and the ground would likely
obstruct adequate flow of entering
combustion air. However, if such a
configuration of CWH equipment exists,
the test air temperature would be
measured at any location within two
feet of the air inlet on the bottom of the
water heater under the procedure
adopted in this final rule. DOE
presumes that any clearance between
the bottom of the water heater and the
ground that is sufficiently large for
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providing adequate air flow would also
be sufficiently large for installing a
temperature sensor(s) for measurement
of test air temperature.
DOE disagrees with AHRI that
measurement of test air temperature
should not be required at each air inlet
for models of CWH equipment with
multiple air inlets. For units that have
multiple air inlets (such as stacked,
modular units with multiple air inlets
that each correspond to a separate
burner and heat exchanger), DOE
believes that the efficiency of the unit
would be affected by the entering
combustion air temperature to all air
inlets, and that a requirement to
measure test air temperature at each air
inlet is justified. As previously
discussed, DOE does not believe that
installing multiple temperature sensors
to measure test air temperature would
present a significant burden to
manufacturers. Therefore, DOE is
adopting a requirement that test air
temperature be measured at each air
inlet for units with multiple air inlets,
and that the specification for no
variation of more than ± 5 °F from the
ambient room temperature applies to
the test air temperature measured at
each air inlet.
Given the requirement to measure test
air temperature within two feet of the
air inlet to the water heater, the location
of test air temperature measurement
may be close to the water heater burner.
Therefore, DOE suspects that the
temperature sensor used to measure test
air temperature might be subject to
radiation from the burner. To prevent an
impact from such radiation on the
measurement of test air temperature,
DOE is adopting a requirement that the
temperature sensor used to measure test
air temperature be shielded from
radiation. DOE notes that such a
requirement for shielding temperature
measurement from radiation is included
in ANSI Z21.10.3–2015 for the
temperature sensor used to measure
ambient room temperature.
Additionally, DOE understands that
shielding temperature measurements
from radiation is common industry
practice and would not present any
significant burden to manufacturers.
3. Ambient Relative Humidity
In response to DOE’s proposed
requirements for ambient relative
humidity, several commenters argued
that relative humidity does not have an
effect on results of efficiency testing of
CWH equipment because the tests do
not require collection of condensate.
(Bradford White, No. 19 at p. 2; AHRI,
No. 26 at p. 8; A.O. Smith, No. 27 at p.
2; Raypak, No. 28 at p. 6; Rinnai, No. 31
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at p. 1) CA IOUs commented that the
extent to which relative humidity affects
the measured efficiency of condensing
water heaters is unclear. (CA IOUs, No.
24 at p. 3) Joint Advocates suggested
that relative humidity requirements
should not apply to non-condensing
gas-fired and oil-fired CWH equipment.
(Joint Advocates, No. 32 at p. 2)
Bradford White and Rheem commented
that it would be difficult to meet DOE’s
proposed relative humidity
requirements in all geographic locations
at all times of the year, as these factors
can result in significant variation in
ambient relative humidity. (Bradford
White, No. 21 at pp. 2–3; Rheem, No. 34
at p. 5) Rheem further argued that
meeting DOE’s proposed relative
humidity requirements would likely
require that a test room be maintained
at a positive pressure, and asserted that
it would be difficult to connect
humidistats to a data acquisition
system. Rheem also stated that a less
stringent tolerance is needed for an
ambient relative humidity requirement,
and that more data showing any
correlation between relative humidity
and water heater performance are
needed before DOE sets a requirement
for relative humidity. (Rheem, No. 34 at
p. 5)
In light of comments received, DOE
has concluded that the potential burden
of controlling ambient humidity is not
justified at this time, given the amount
of make-up air for combustion that
would need to be conditioned to supply
larger CWH equipment during testing.
Manufacturers asserted that controlling
the ambient humidity will not have a
substantial impact on ratings and
should not be held within a tolerance.
In DOE’s view any variation in the
resulting energy efficiency rating from
varying levels of ambient humidity
would be adequately captured by the
existing tolerances for both certification
and enforcement in DOE’s regulations.
Therefore, DOE is not adopting a
requirement that ambient relative
humidity be maintained at any specific
level for CWH equipment other than
commercial heat pump water heaters.
DOE is establishing a wet bulb
temperature requirement for commercial
heat pump water heaters based on
relevant industry test standards, as
discussed in section III.J of this final
rule.
4. Maximum Air Draft
In the May 2016 NOPR, DOE
proposed a maximum air draft
requirement of 50 ft/min as measured
prior to beginning the thermal efficiency
or standby loss tests. 81 FR 28588,
28597 (May 9, 2016). Bradford White
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and A.O. Smith agreed with DOE’s
proposed maximum air draft
requirement, but commented that the
requirement should not necessitate the
connection of the draft-measuring
device to the data acquisition system.
(Bradford White, No. 19 at p. 4; A.O.
Smith, No. 27 at p. 17) A.O. Smith also
stated that measurement of air draft may
have a large uncertainty at 50 ft/min,
and recommended that DOE assign a
tolerance for the measurement of air
draft and require the draft-measuring
device to meet International
Organization for Standardization (ISO)
requirements. (A.O. Smith, No. 27 at p.
17) Raypak disagreed with DOE’s
proposed maximum air draft
requirement, and argued that there is no
evidence that such a requirement would
affect results of testing of CWH
equipment. Additionally, Raypak
argued that most CWH manufacturers
do not manufacture residential water
heaters, and that DOE was therefore
mistaken to presume that many CWH
equipment manufacturers would not
need to purchase devices for measuring
air draft as these devices are already
required for testing residential water
heaters. (Raypak, No. 28 at p. 5) Rheem
argued that DOE’s proposed maximum
air draft requirement would be
appropriate for the standby loss test, but
unnecessary for the thermal efficiency
test. Rheem also asserted that
maintaining a maximum air draft less
than 50 ft/min would be difficult while
also maintaining the stricter ambient
conditions proposed by DOE in the May
2016 NOPR. (Rheem, No. 34 at p. 6)
In this final rule, DOE is adopting its
proposed requirement for a maximum
air draft of 50 ft/min to clarify the
requirement in ANSI Z21.10.3–2015
that the test area be ‘‘protected from
drafts.’’ Because ANSI Z21.10.3–2015
already includes a requirement for
protecting the test area from drafts, DOE
concludes that this change provides
additional detail but is consistent with
the industry standard. DOE believes that
this clarification reduces ambiguity in
ANSI Z21.10.3–2015 to allow for a more
repeatable test. This requirement is also
similar to the requirement that DOE
adopted for testing consumer water
heaters and certain commercial water
heaters in the July 2014 final rule. 79 FR
40542, 40569 (July 11, 2014).
Specifically, DOE is adopting a
requirement that the air draft be
measured prior to beginning the thermal
efficiency and standby loss tests, within
three feet of the jacket of the water
heater, and that no actions can be taken
during the conduct of the tests that
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would increase the air draft near the
water heater being tested.
In response to Raypak’s comment that
there is no evidence that the air draft
affects the performance of CWH
equipment, DOE notes that Annex E.1 of
ANSI Z21.10.3–2015 already requires
that water heater placement in the test
room shall be protected from drafts.
DOE believes that if the draft had no
impact on the test result, the industry
test standard, ANSI Z21.10.3–2015,
would not require the test to be done in
an area protected from drafts. Therefore,
DOE believes that there is an
understanding amongst the majority of
the industry that air draft from sources
such as room ventilation registers,
windows, or other external sources of
air movement, during the test can affect
the performance of CWH equipment.
DOE also believes that 50 ft/min is a
reasonable maximum value, as it is
consistent with DOE’s requirement for
consumer water heaters. DOE also notes
that many manufacturers of CWH
equipment also manufacture consumer
water heaters and residential-duty
commercial water heaters. DOE
identified at least 17 of 29 CWH
equipment manufacturers (excluding
rebranders) that also manufacture
consumer water heaters or residentialduty commercial water heaters. For
CWH equipment manufacturers who do
not also manufacture water heaters
subject to the Part 430, Appendix E test
procedure (and therefore may not
already have draft-measuring devices in
their test labs), DOE expects the costs
and burden associated with purchasing
air draft-measuring devices that do not
have the capability of connection to data
acquisition system to be insignificant.
DOE discusses the potential costs of
these requirements as they pertain to
small business manufacturers in section
0.
Regarding digital measurement of air
draft, DOE’s maximum air draft
requirement does not require digital
measurement. DOE is only adopting a
requirement to measure the air draft
once at the beginning of the test, so
connection to a data acquisition system
would be unnecessary. Additionally,
DOE is not establishing any
requirements on the type or accuracy of
device used to measure the air draft.
DOE notes that it currently prescribes a
similar maximum air draft requirement
for consumer and residential-duty
commercial water heaters and has no
such requirements on the draftmeasuring device in that test procedure
at appendix E to subpart B of 10 CFR
part 430. DOE believes the test entity
can determine the appropriate device
and accuracy for this measurement.
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Additionally, DOE is not establishing a
tolerance on its maximum air draft
requirement. DOE believes that a
tolerance is unnecessary on a maximum
value—the air draft must be no greater
than 50 ft/min, but any draft below this
value meets the requirement.
DOE acknowledges that the air draft
may potentially have a greater impact
on the results of the standby loss test
than on those of the thermal efficiency
test. However, once again noting the
draft protection provision in ANSI
Z21.10.3–2015, DOE has concluded that
there may still be an effect on the results
of the thermal efficiency test, and that
the measurement of air draft, just once
before the test begins, does not present
a significant burden to manufacturers.
Therefore, DOE is adopting the
maximum air draft requirement for both
the thermal efficiency and standby loss
tests. DOE notes that it is not adopting
in this final rule the more stringent
ambient condition requirements (i.e.,
narrower tolerance on ambient room
temperature, requirement to maintain
ambient relative humidity within a
specified range) that Rheem argued
would make the proposed maximum air
draft requirement difficult to meet.
In the May 2016 NOPR, DOE
proposed that the maximum draft
requirement also apply to the soak-in
period. 81 FR 28588, 28597 (May 9,
2016). However, DOE has determined
that this requirement is not necessary
for the soak-in period. The purpose of
the maximum air draft requirement is to
improve repeatability of the thermal
efficiency and standby loss tests by
preventing large air drafts that might
cause significantly higher tank heat
losses in some tests than in others. DOE
believes that this concern does not
apply to the soak-in period, the purpose
of which is simply to establish thermal
equilibrium in the tank insulation, and
during which energy consumption is
not measured. Therefore, DOE is not
adopting a maximum air draft
requirement for the soak-in period.
5. Measurement Intervals
Bradford White, AHRI, and Raypak
opposed DOE’s proposal to decrease the
required data collection interval from 1
minute to 30 seconds for the thermal
efficiency test and from 15 minutes to
30 seconds for the standby loss test.
(Bradford White, No. 19 at p. 4; AHRI,
No. 26 at pp. 6–7; Raypak, No. 28 at pp.
6–7) A.O. Smith and Rheem opposed
DOE’s proposal to decrease the time
interval to 30 seconds specifically for
the standby loss test. (A.O. Smith, No.
27 at p. 19; Rheem, No. 34 at p. 5)
AHRI and Raypak stated that DOE did
not provide evidence or data to suggest
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that decreasing the time interval would
improve accuracy or affect efficiency.
(AHRI, No. 26 at pp. 6–7; Raypak, No.
28 at pp. 6–7) AHRI argued that
measurements every 15 minutes during
the standby loss test are sufficient, and
that, if a measurement is within
tolerance at two consecutive 15-minute
readings, then it is reasonable to assume
that the measurement was maintained
within tolerance during the entire 15minute period between measurements.
(AHRI, NOPR Public Meeting
Transcript, No. 20 at pp. 32–33)
Bradford White argued that DOE’s
proposal would make data files large
and difficult to analyze. (Bradford
White, No. 19 at p. 4) To accommodate
DOE’s proposed time intervals for data
collection, AHRI commented that some
manufacturers might need to upgrade
their facilities, and Raypak and Rheem
argued that small manufacturers might
need to purchase or upgrade data
acquisition systems. (AHRI, No. 26 at
pp. 6–7; Raypak, No. 28 at pp. 6–7;
Rheem, No. 34 at p. 5) A.O. Smith
argued that no readings other than time
and temperature should be required at
intervals that would necessitate
connection to a data acquisition system
because most other measurement
devices used for testing CWH
equipment are not designed to
communicate with a data acquisition
system. (A.O. Smith, No. 27 at p. 18)
Raypak argued that the costs for
connecting devices to a data acquisition
system are 4–5 times higher than
suggested by DOE in the May 2016
NOPR. (Raypak, No. 28 at pp. 6–7)
Rheem further acknowledged that data
collection intervals can be reduced with
current equipment. A.O. Smith and
Rheem also asserted that DOE’s
proposed reduced measurement interval
would lead to an increased likelihood
that tests would have to be re-run if any
parameters were to fall out of the
allowable range during the test. (A.O.
Smith, No. 27 at p. 18; Rheem, No. 34
at p. 5)
DOE proposed requirements for more
frequent data collection to improve the
resolution of test data, and therefore, to
ensure that test conditions are
adequately met throughout the test. DOE
disagrees with AHRI that a value can be
assumed to be maintained within
tolerance in a 15-minute period between
readings when measurements at each
15-minute interval are within tolerance,
which is further supported by the
comments of Rheem and A.O. Smith.
DOE believes that 15 minutes is a
sufficiently long time for variation in
any one of several parameters to
potentially have a significant effect on
measured standby loss. DOE notes that
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the standby loss test measures a
significantly lower energy consumption
than does the thermal efficiency test,
and that the measured standby loss is
therefore particularly sensitive to
fluctuations in ambient conditions.
Therefore, DOE believes that recording
measurements every 15 minutes does
not provide sufficient resolution of test
data to ensure that the test results
accurately capture the variability in the
measurement and could lead to
inaccurate and/or inconsistent results. A
requirement for data collection every
minute ensures that only momentary
fluctuations outside of the ambient
condition tolerances (i.e., those that
occur between consecutive 1-minute
readings and are therefore unlikely to
have an effect on the measured
efficiency) are permitted under DOE’s
test procedure.
DOE disagrees that its proposed
measurement intervals for data
collection would make data analysis
significantly more burdensome.
Analysis of whether all parameters were
maintained within their allowable
tolerances during testing should be
quick and simple in spreadsheet
software, and the time required for such
analysis should not depend on the
number of data entries to any significant
extent.
DOE also disagrees that its proposed
measurement intervals would require
costly upgrades to laboratory facilities.
Given that DOE’s proposed
measurement interval was only slightly
different from the current requirement
included in Exhibit G.1 of ANSI
Z21.10.3–2011 (which DOE currently
incorporates by reference for the
thermal efficiency test)—30 seconds vs.
1 minute—DOE does not believe that
this provision will require any
upgrades. The duration of the standby
loss test exceeds 24 hours and can reach
up to 48 hours; therefore, DOE does not
believe that any manufacturers are
performing this test without an
automated data acquisition system. The
one-time cost of a data acquisition
system would likely be much less than
the recurring labor costs of having a lab
technician constantly monitor and
record measurements every 15 minutes
for every standby loss test for up to 48
hours. Bradford White and Rheem
acknowledged that they use data
acquisition systems in their facilities,
and no stakeholders have commented to
DOE that they do not use data
acquisition systems for testing of CWH
equipment. (Bradford White, Rheem,
NOPR Public Meeting Transcript, No. 20
at pp. 43–44) Additionally, DOE does
not believe that increasing the frequency
of data collection would require any
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significant upgrades to existing data
acquisition systems. Rather, DOE
believes that changing the measurement
frequency would require a simple onetime software change and that the
additional amount of data collected
could be stored inexpensively given the
low cost of computer storage.
Additionally, DOE is not adopting any
requirements in this final rule that
would require measurement with a data
acquisition system other than time and
temperature.
DOE believes that more frequent data
collection allows the capture of any
variation in parameters that might affect
the measured efficiency of CWH
equipment. If variation is detected such
that a parameter does not meet the DOE
test procedure requirements, then DOE
believes that re-running the test would
be warranted. However, DOE
acknowledges that there is a possibility
that there could be momentary
fluctuations in ambient conditions and/
or water temperatures that do not have
a significant effect on efficiency. In such
a case, a single data point out of the
allowable range of the DOE test
procedure could require a test to be rerun. The likelihood of such a
momentary fluctuation being captured
in a test data point is directly
proportional to the frequency of data
collection. For this reason, DOE is not
adopting the proposed 30-second data
collection intervals and is instead
maintaining the existing 1-minute data
collection interval requirement for the
thermal efficiency test and decreasing
the required data collection interval for
the standby loss test from 15 minutes to
1 minute. For the thermal efficiency
test, the 1-minute time interval applies
to the measurement of (1) ambient room
temperature, (2) test air temperature, (3)
supply water temperature, and (4) outlet
water temperature. For the standby loss
test, the 1-minute time interval applies
to the measurement of (1) ambient room
temperature, (2) test air temperature, (3)
mean tank temperature for storage water
heaters and storage type-instantaneous
water heaters, and (4) outlet water
temperature for instantaneous water
heaters and hot water supply boilers
other than storage type-instantaneous
water heaters. DOE concludes that these
changes to the data recording intervals
improve repeatability, while
maintaining consistency with the test
method in ANSI Z21.10.3–2015.
This 1-minute data collection interval
is consistent with the required 1-minute
measurement interval for inlet and
outlet water temperatures included in
the 2011 and 2015 versions of ANSI
Z21.10.3. For the standby loss test, DOE
believes that the benefits of finer
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granularity in data collected from 1minute intervals instead of 15-minute
intervals will provide confirmation that
variation in ambient conditions does not
occur during the test that could have a
significant impact on the measured
standby loss. DOE believes that this
benefit outweighs any potential burden
that might occur from the possibility of
having to re-run a test because
momentary fluctuations of ambient
conditions out of tolerance were
captured that would not affect the
measured standby loss.
As discussed in sections III.F.1 and
III.L of this final rule, DOE is also
adopting requirements that the gas
consumption be measured at 10-minute
intervals during the steady-state
verification period and thermal
efficiency test. These gas consumption
measurements are used to determine
fuel input rate. As discussed in section
III.F.1 of this final rule, DOE does not
expect its requirements that gas
consumption be measured at 10-minute
intervals during the steady-state
verification period and thermal
efficiency test to impose any significant
burden on manufacturers.
C. Test Set-Up for Storage and StorageType Instantaneous Water Heaters
DOE’s current test procedure for CWH
equipment incorporates by reference the
requirement in Exhibit G.1 of ANSI
Z21.10.3–2011 that the inlet and outlet
piping be immediately turned vertically
downward from the connections on a
tank-type water heater to form heat
traps, and that the thermocouples for
measuring supply and outlet water
temperatures be installed before the
inlet heat trap piping and after the
outlet heat trap piping. DOE noted in
the May 2016 NOPR that the absence of
a clearly defined location for the
thermocouples could contribute to
variability in the test results. As a result,
DOE proposed particular locations for
installing the supply and outlet water
temperature sensors based on piping
distance from the water heater
connections. Specifically, DOE
proposed that the sensors be placed
after a total vertical piping distance of
24 inches and total horizontal piping
that is (1) two inches plus the piping
distance between the water connection
and the edge of the water heater with
top and bottom openings for water
connections and (2) 6 inches for
horizontal opening water connections.
DOE also provided separate figures for
each configuration of storage water
heaters (i.e., top, bottom and horizontal
opening water connections) and
included them in the proposed
appendix A to subpart G of part 431 of
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the regulatory text of the May 2016
NOPR. 81 FR 28588, 28598–28599 (May
9, 2016).
Rheem stated that it agrees with the
standardization of the location of
temperature measurements, but
disagrees with the distance of 24 inches
for measuring the water temperature.
Rheem argued that having an outlet
water temperature measured at the
proposed distance would result in
inclusion of the piping losses, which
may also differ between the piping
configurations and outlet water
temperature sensor locations adopted by
each lab, and recommended that the
water temperature for storage water
heaters should be measured at a
distance of 5 inches away from the
water heater to achieve comparable
results with instantaneous water
heaters. Last, Rheem stated that the
proposed inlet water temperature
location for CWH equipment with water
connections on the side of the tank is
not feasible in the case of some of its
models that have inlet water openings
only 6 inches above the floor. (Rheem,
No. 34 at pp. 6–7)
DOE agrees with Rheem that the total
piping distance from the water heater to
the temperature sensors (particularly the
outlet water temperature) should be
consistent between both storage type
and instantaneous type water heaters, so
that any piping losses are comparable.
In the May 2016 NOPR, DOE proposed
to specify the measurement location for
outlet water temperature at 5 inches
from the enclosure for instantaneous
water heaters, because that
measurement was proposed to be used
for both outlet water temperature for the
thermal efficiency test and to
approximate the water temperature of
stored water within the heat exchanger
for the standby loss test. 81 FR 28588,
28613–28615 (May 9, 2016) Thus, for
the standby loss test, it was important
for that measurement to occur close to
the unit. However, as discussed in
section III.I.1, in this final rule, DOE is
adopting a separate temperature
measurement location for measuring
water to approximate the water
temperature within the heat exchanger
for the standby loss test, and for
measuring the outlet water temperature
for the thermal efficiency test. As a
result, in section III.I.1 of this final rule,
DOE has modified the test set-up for
instantaneous water heaters and hot
water supply boilers so that: (1) Outlet
water temperature for the thermal
efficiency test is measured at the second
elbow in the outlet water piping; (2)
heat exchanger outlet water temperature
measured for the standby loss test is
within one inch of the outlet water port
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(inside or outside); and (3) total piping
distance between the water heater and
supply and outlet water temperature
sensors is consistent with that specified
in the test set-up for water heaters with
horizontal opening water connections.
Rather than change the location of the
temperature measurements for storage
water heaters, as suggested by Rheem,
DOE changed the measurement location
for instantaneous water heaters. By
using separate temperature sensors to
measure the outlet water temperature
for the standby loss test (within one
inch of outlet) and the thermal
efficiency test (at the second elbow), it
is no longer necessary to have a
temperature sensor for the outlet water
temperature that is as close as possible
to the water heater. Further, the
additional piping length allows
installation of two elbows in the piping
and the measurement of the water
temperature downstream (for outlet) and
upstream (for supply) of the heat traps
that are required for the test set-up.
Installing the outlet water temperature
sensor for the thermal efficiency test at
the second elbow ensures that the water
flow will be well mixed, resulting in
more accurate temperature readings (as
recommended by stakeholders). For a
detailed explanation on test set up for
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instantaneous water heaters and hot
water supply boilers and DOE’s
responses to public comments, see
section III.I of this final rule.
With regard to Rheem’s concerns
about piping losses if the outlet water
temperature is measured at a piping
distance of 30 inches away from the
water heater, DOE notes that the current
and the proposed test set up both
require the water piping to be insulated
up to a distance of 4 feet from the water
connections, which should minimize
piping losses. In addition, water heaters
with large pipe diameters may not be
able to install outlet water temperature
sensors with two elbows in the piping
(to yield sufficient flow mixing) at 5
inches from the water heater.
DOE also considered Rheem’s other
comments on the inability of certain
water heater models with horizontal
water connections, to meet the vertical
piping distance of 24 inches as
proposed in May 2016 NOPR for the
inlet water connection. To address this
issue, DOE is adopting a requirement
that the vertical piping distance be 24
inches, unless 24 inches is not possible,
in which case the maximum possible
distance for a given water heater model
must be used.
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Based on the foregoing, DOE is
adopting the test set-ups shown in
Figures III.1, III.2, and III.3 for gas-fired
and oil-fired storage water heaters and
gas-fired and oil-fired storage-type
instantaneous water heaters. In
addition, DOE uses very similar test setups for other types of CWH equipment.
Specifically, as discussed in section
III.I.5, the set-up for instantaneous water
heaters and hot water supply boilers is
the same as shown in Figures III.1, III.2,
and III.3, except that an outlet water
valve and heat exchanger outlet
temperature sensor are required. DOE
has concluded that these changes are
consistent with the approach in ANSI
Z21.10.3–2015, but will provide
additional specificity and improve test
repeatability. The test set-ups for
electric storage water heaters and
storage-type instantaneous water heaters
are similar to the test set-ups shown in
Figures III.1, III.2, and III.3, with the
only difference being that the outlet
water temperature sensor is not present.
An outlet water temperature sensor is
not needed for testing electric storage
water heaters and storage-type
instantaneous water heaters, because the
outlet water temperature is not
measured during the conduct of the test.
BILLING CODE 6450–01–P
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All dimensions are in inches
Its
Tank
(when
used)
Expansion Tank
LocatiDn ofTempenture Seasors:
Tswr = Tempemture sensors in supply water line.
TOWT - Temperature sensors in outlet water line.
Weighing
Scale
Figure 111.1. Test set-up for gas-fired and oil-fired storage water heaters and storage-type
instantaneous water heaters equipped with vertical (top) connections
Locatioa of Temperature Sensors:
Tswr -Temperature sensors in supply water line.
Towr =Temperature sensors in outlet water line.
All dimemiiom arc in inches
FlowMeter
Waste water
Tank
(when
used)
18
Expansion Tank
Wei.shins
Scale
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Figure 111.2. Test set-up for gas-fired and oil-fired storage water heaters and storage-type
instantaneous water heaters equipped with vertical (bottom) connections
BILLING CODE 6450–01–C
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D. Test Method for Unfired Hot Water
Storage Tanks
EPCA defines an ‘‘unfired hot water
storage tank’’ (UFHWST) as a tank used
to store water that is heated externally.
(42 U.S.C. 6311(12)(C)) The current
Federal standard for this equipment
type requires a minimum thermal
insulation (R-value) of 12.5. 10 CFR
431.110. DOE defines ‘‘R-value’’ as the
thermal resistance of insulating material
as determined based on ASTM Standard
Test Method C177–97 or ASTM
Standard Test Method C518–91 and
expressed in °F·ft2·h/Btu. 10 CFR
431.102. In section III.A.3 of this
rulemaking, DOE updates references to
these standards in its definition for ‘‘Rvalue’’ by incorporating by reference
ASTM C177–13 and ASTM C518–15. In
the May 2016 NOPR, DOE proposed to
adopt a method for testing the standby
loss for UFHWSTs in lieu of relying on
the current R-value metric and ASTM
standards. DOE received numerous
comments on this topic, and is still
considering those comments. Therefore,
DOE will address the comments and its
proposed test procedure for UFHWSTs
in a separate rulemaking notice.
DOE is aware that some
manufacturers ship UFHWSTs without
insulation and that uninsulated
UFHWSTs may or may not then be
insulated on-site. In the May 2016
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NOPR, DOE clarified that UFHWSTs
shipped without insulation are not
compliant with the Federal R-value
standard. 81 FR 28588, 28601–28602
(May 9, 2016). All UFHWSTs must
either be shipped insulated to the Rvalue standard or shipped together with
insulation meeting the R-value standard.
Manufacturers of UFHWSTs must
certify that the insulation meets the Rvalue standard prescribed in 10 CFR
431.110, and this certification must be
based on testing according to the
methods prescribed in the R-value
definition. A UFHWST manufacturer
may demonstrate compliance with the
insulation requirements either by
conducting testing itself or by using test
data from the insulation material
producer. Further, manufacturers of
UFHWSTs are responsible for retaining
records of the underlying test data used
for certification in accordance with
current maintenance of records
requirements set forth at 10 CFR 429.71.
In response to the May 2016 NOPR,
Bock and Raypak disagreed with DOE’s
clarification that all UFHWSTs must be
shipped insulated or with insulation.
(Bock, No. 19 at p. 2; Raypak, No. 28 at
p. 3) Bock argued that some units have
to be shipped without insulation to
allow entry into a building, and that
requiring shipping with insulation will
increase expense and in some cases
prevent installation. (Bock, No. 19 at p.
2) Raypak argued that tank insulation
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might be damaged beyond repair in
shipping, and then require reinstallation of insulation in the field.
Raypak further suggested that DOE
allow UFHWSTs with a volume greater
than 200 gallons to be field-insulated.
(Raypak, No. 28 at p. 3)
DOE disagrees with the commenters
that manufacturers can distribute
UFHWSTs in commerce without
insulation. The standard, which was set
by statute, requires a minimum thermal
insulation (R-value) of 12.5 for
UFHWSTs. The covered equipment
must be compliant at the time the
manufacturer distributes it in
commerce. See 42 U.S.C. 6316, 6302.
Therefore, if a manufacturer distributes
a UFHWST without insulation, the
manufacturer has distributed a
UFHWST without a minimum thermal
insulation of 12.5. DOE’s interpretation
gives manufacturers a great deal of
flexibility and accommodates
commenters’ concerns that insulation
already wrapped on the UFHWST may
be damaged during shipment or that
insulated UFHWSTs may not fit through
the entryway to some buildings, as
manufacturers can either ship the tank
already wrapped in insulation or with
insulation provided. Therefore, if there
are any UFHWSTs that cannot be
shipped already insulated, or if there are
concerns of damage of insulation in
shipping, then the insulation shipped
with the unit can be applied upon
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installation. All UFHWSTs of all storage
volumes must satisfy this requirement.
Accordingly, in this final rule, DOE
reiterates that all UFHWSTs must be
shipped insulated or with insulation
such that the installed UFHWST will
meet the minimum standard.
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E. Setting the Tank Thermostat for
Storage and Storage-Type Instantaneous
Water Heaters
DOE’s test procedure for measuring
the energy efficiency of CWH equipment
currently requires that the thermostat be
set to achieve specific conditions for the
mean tank temperature before the test
may begin. In particular, section g of
Exhibit G.1 of ANSI Z21.10.3–2011
(which is currently incorporated by
reference into the DOE test procedure)
requires that before starting testing, the
thermostat setting must be adjusted
such that, when starting with the water
in the system at 70 °F ± 2 °F, the
maximum mean tank temperature
would be 140 °F ± 5 °F after the
thermostat reduces the gas supply to a
minimum.
1. Gas-Fired and Oil-Fired Storage
Water Heaters
DOE understands that some units may
have difficulty achieving the current
mean tank temperature requirement
(e.g., condensing water heaters), and in
the May 2016 NOPR, DOE proposed to
modify its requirements for setting the
tank thermostat. 81 FR 28588, 28604
(May 9, 2016). Specifically, DOE
proposed to modify the thermal
efficiency and standby loss test
procedures for gas-fired and oil-fired
storage water heaters and storage-type
instantaneous water heaters to require
that before starting the required soak-in
period, the thermostat setting be
adjusted such that, when starting with
the water in the system at 70 ± 2 °F, the
maximum outlet water temperature will
be 140 °F ± 5 °F after the thermostat
reduces the gas supply to a minimum.
In response to the May 2016 NOPR,
DOE received comments from several
interested parties. Joint Advocates and
Rheem agreed with changing from a
mean tank temperature requirement to
an outlet water temperature requirement
for fossil fuel-fired storage water
heaters. (Joint Advocates, No. 32 at p. 2;
Rheem, No. 34 at p. 8) However, Rheem
also stated that outlet water temperature
is a poor indicator of standby loss, and
that mean tank temperature should be
used to determine heat loss. (Rheem,
No. 34 at p. 8) AHRI stated that
measurement of outlet water
temperature will not work for setting the
tank thermostat if measured more than
2 feet downstream of the water heater
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outlet because water is not flowing
when setting the thermostat. Instead,
AHRI suggested that the six tank
temperature sensors be installed in the
tank at the beginning of the test, as is
currently required in ANSI Z21.10.3–
2015, and that the tank thermostat be set
based on the reading from the topmost
tank temperature sensor used to
calculate mean tank temperature.
(AHRI, No. 26 at p. 8) A.O. Smith stated
that, for the thermal efficiency test,
setting the tank thermostat is irrelevant
as long as the water heater is firing at
full input rate and meeting the outlet
water temperature requirement. A.O.
Smith further suggested that, in order to
measure the outlet water temperature
for standby loss, the measurement
location needs to be inside the tank
within one inch of the tank outlet. (A.O.
Smith, No. 27 at p. 5) Bradford White
stated that the same thermostat setting
should be used for both thermal
efficiency and standby loss tests, and
requested clarification on DOE’s
proposal, stating that the language in the
NOPR preamble and the proposed
appendix A in the NOPR regulatory text
were not consistent. (Bradford White,
No. 21 at p. 8)
DOE agrees with A.O. Smith that, for
an outlet temperature requirement, as
opposed to a mean tank temperature
requirement, setting the tank thermostat
for the thermal efficiency test is
irrelevant as long as the water heater is
firing continuously at full firing rate and
all the specifications required for the
steady-state verification period,
including the outlet water temperature
requirement, are met. However, because
the thermostat setting does not affect the
operation of the water heater during the
thermal efficiency test as long as the
burner is firing continuously at full
firing rate, the thermostat setting used in
the thermal efficiency test does not
necessarily provide an outlet water
temperature of 140 °F ± 5 °F when water
is not flowing through the water heater.
In order to ensure that this outlet water
temperature requirement is met, DOE
believes that the thermostat setting
needs to be set such that the maximum
outlet water temperature after cut-out is
140 °F ± 5 °F before beginning the
standby loss test.
While the thermostat settings used
during the thermal efficiency test do not
affect the test results so long as the
burner fires continuously at full firing
rate, DOE understands that the standby
loss test is often performed directly after
the thermal efficiency test. In this final
rule, DOE is adopting provisions such
that a soak-in period is not required in
between the thermal efficiency and
standby loss tests, if no settings on the
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water heaters are changed and the water
heater is not turned off. However,
setting the tank thermostat between the
thermal efficiency and standby loss tests
would inherently require changing
settings on the water heater, unless the
thermostat was already set to achieve
the required outlet water temperature
after cut-out of 140 °F ± 5 °F. Therefore,
DOE believes that the tank thermostat
must be set to meet the outlet water
temperature requirement before the
thermal efficiency test. DOE notes that
requiring the tank thermostat to be set
prior to the thermal efficiency test is
consistent with DOE’s current test
procedure, DOE’s proposal in the May
2016 NOPR, and with AHRI’s comment.
DOE agrees with AHRI and A.O.
Smith that it would be difficult to set
the tank thermostat without water
flowing through the water heater such
that the outlet water temperature after
cut-out is 140 °F ± 5 °F, as measured
downstream of a heat trap in the outlet
water piping. Additionally, DOE
believes that the tank thermostat must
be set without water flowing through
the water heater; otherwise, both the
tank thermostat and water flow rate
would affect the measured outlet water
temperature, and the thermostat settings
obtained might not ensure that the
outlet water temperature requirement is
met without water flowing. Therefore,
DOE believes that the thermostat should
be set based on the reading of a
temperature sensor located inside the
tank. However, commenters disagreed
on the location of measurement, with
AHRI suggesting using the temperature
recorded at the topmost temperature
sensor in the tank that is used for
measurement of mean tank temperature,
while A.O. Smith suggested the
placement of a temperature sensor
inside the tank within 1 inch of the
water heater outlet. While a temperature
sensor within one inch of the water
heater outlet is closer to the temperature
of the water delivered than is the
topmost temperature sensor used for
mean tank temperature calculation, the
difference between these temperatures
is likely insignificant, and therefore, the
placement of an additional temperature
sensor in the tank for the sole purpose
of setting the tank thermostat would be
an unnecessary burden to
manufacturers. Consequently, DOE is
adopting a requirement that the tank
thermostat be set using the reading from
the topmost tank temperature sensor
used to calculate mean tank
temperature. Based on the above, DOE
concludes that there is evidence that
setting the thermostat according to the
mean tank temperature, as is done in
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ANSI Z21.10.3–2015, does not provide
an accurate reflection of the energy
efficiency during a representative
average use cycle for certain equipment.
DOE further concludes that the method
for setting the thermostat adopted in
this final rule provides an accurate
reflection of energy efficiency for all
kinds of gas-fired and oil-fired storage
water heaters on the market. Therefore,
DOE concludes that the method adopted
in this final rule is consistent with the
industry standard, ANSI Z21.10.3–2015,
but provides flexibility so that all
designs of gas-fired and oil-fired storage
water heaters can achieve the
temperature requirement used for
setting the tank thermostat. DOE also
concludes that the method adopted in
this final rule is not unduly burdensome
to conduct. Therefore, the changes
adopted are better aligned with the
requirements of 42 U.S.C. 6314(a)(2).
In response to Rheem, while DOE
proposed to use outlet water
temperature for the purpose of setting
the tank thermostat for the standby loss
test, DOE still proposed to use mean
tank temperature for determining heat
loss during the standby loss test. 81 FR
28588, 28604 (May 9, 2016). In this final
rule, DOE is adopting provisions for
determining heat loss during the
standby loss test using mean tank
temperature, similar to those included
in annex E.2 of ANSI Z21.10.3–2015.
For gas-fired and oil-fired storage
water heaters and storage-type
instantaneous water heaters, DOE is
adopting a requirement that the tank
thermostat be set prior to the steadystate verification period. The thermostat
must be set starting with the tank full of
water at the water supply temperature.
The thermostat must be set such that the
maximum water temperature measured
at the topmost tank temperature sensor
after cut-out (and while water is not
flowing through the water heater) is 140
°F ± 5 °F. The thermostat also must be
set such that with water flowing through
the unit continuously, the outlet water
temperature can be maintained at 70 °F
± 2 °F above the supply water
temperature, as required during the
thermal efficiency test. DOE’s updated
requirements for determining steadystate operation for the thermal efficiency
test and the steady-state verification
period are discussed in section III.F.1 of
this final rule. If conducting a standby
loss test after a thermal efficiency test,
the thermostat setting established prior
to the thermal efficiency test would be
used for the standby loss test, and no
separate procedure would be needed for
setting the thermostat. However, if the
standby loss test is run without a
previously run thermal efficiency test,
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the thermostat would need to be set
using the same procedure as required
before the thermal efficiency test, such
that the maximum top tank sensor water
temperature after cut-out is 140 °F ± 5
°F. In this case, the tank thermostat
must be set prior to the soak-in period.
2. Electric Storage Water Heaters
DOE proposed to maintain the mean
tank temperature requirement for the
standby loss test for electric storage
water heaters, rather than adopt an
outlet water temperature requirement,
because of complications involved with
setting multiple tank thermostats. 81 FR
28588, 28604 (May 9, 2016). Electric
storage water heaters typically have
multiple heating elements and
thermostats, and each thermostat needs
to be set prior to beginning the standby
loss test. Therefore, DOE tentatively
determined that electric storage water
heaters are not well-suited to an outlet
water temperature requirement because
it is unclear how the lower thermostat(s)
would be set to achieve a designated
outlet water temperature. However, DOE
proposed to clarify its language
specifying the method for setting
thermostats in an electric storage water
heater with multiple thermostats.
Specifically, DOE proposed to clarify
that the thermostats are to be set in
immediate succession, starting from the
topmost thermostat. DOE also proposed
to clarify that when setting each
thermostat, the mean tank temperature
is calculated using only temperature
readings measured at locations higher in
the tank than the heating element
corresponding to the thermostat being
set, with the exception of the
bottommost thermostat. Finally, DOE
proposed to clarify that all thermostats
below the thermostat being tested must
be turned off so that no elements below
the thermostat being tested are in
operation.
Several commenters agreed with
DOE’s proposal to maintain the existing
mean tank temperature requirement for
setting the tank thermostat for electric
storage water heaters. (Bradford White,
No. 21 at p. 8; AHRI, No. 26 at p. 13;
A.O. Smith, No. 27 at p. 5; Joint
Advocates, No. 32 at p. 2; Rheem, No.
34 at p. 9) A.O. Smith also agreed with
DOE’s proposed clarification regarding
how to set thermostats for electric
storage water heaters with multiple
thermostats. (A.O. Smith, No. 27 at p. 5)
However, AHRI, Rheem, and Bradford
White disagreed with DOE’s proposal on
how to set thermostats for units with
multiple thermostats. Specifically, AHRI
and Rheem suggested that only the
topmost and bottommost thermostats be
set and used for the standby loss test.
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(AHRI, No. 26 at p. 10; Rheem, No. 24
at p. 9) AHRI stated that DOE’s proposal
is unnecessarily burdensome and
complicated, and that it does not matter
how many thermostats and associated
heating elements are used to meet the
mean tank temperature requirement for
the standby loss test. (AHRI, No. 26 at
p. 10) Rheem stated that using just the
topmost and bottommost thermostats
would simplify the test and improve
consistency among units with different
thermostat-to-element ratios.
Additionally, Rheem commented that
not all laboratories can supply power
greater than 36 kW. (Rheem, No. 24 at
p. 9) Bradford White recommended that
the lowest thermostat be set first, and
then the next highest, etc. Bradford
White also did not support DOE’s
proposal to calculate mean tank
temperature with only temperature
readings measured higher than the
heating element corresponding to the
thermostat being set, with the exception
of the bottom thermostat. (Bradford
White, No. 21 at p. 8)
After review of stakeholder comments
and consultation with several
independent testing laboratories, DOE
agrees with AHRI and Rheem that
setting all thermostats for the standby
loss test for commercial electric storage
water heaters with multiple thermostats
is unnecessary. DOE agrees with AHRI
that setting fewer thermostats would
reduce burden to manufacturers and
would be unlikely to affect the results
of the standby loss test, because it is
unlikely that more than one heating
element will experience a call for heat
during the standby loss test. DOE also
notes, based on its assessment of
commercial electric storage water
heaters on the market, most models
have banks of heating elements grouped
together such that a call for heat in the
lowest thermostat will likely heat the
water up to temperature at the nearby
thermostats as well. Additionally, DOE
agrees with Rheem that limiting the
number of thermostats (and
correspondingly the number of heating
elements) used during the standby loss
test may simplify the testing of higher
input capacity units by limiting the total
amperage draw to a level that most
laboratories would be able to provide.
DOE believes that the topmost
thermostat should be set using mean
tank temperature calculated only with
temperature readings measured at
locations higher in the tank than the
heating element corresponding to the
thermostat being set. If the water lower
in the tank is included in the mean tank
temperature calculation and has not
been previously heated by a lower
element, as suggested by Bradford
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White, the heating element(s)
corresponding to the topmost thermostat
would have to heat water at the top of
the tank to a temperature much higher
than the required mean tank
temperature in order to achieve the
mean tank temperature requirement.
In this final rule, DOE is maintaining
a mean tank temperature requirement
for the standby loss test for electric
storage water heaters. DOE is adopting
its proposed requirement that that the
tank thermostat(s) be set prior to
conducting the required soak-in period.
DOE is also clarifying that the
thermostat(s) for electric storage water
heaters must be set while no water is
flowing through the unit. DOE is also
adopting requirements for setting tank
thermostats for electric storage water
heaters with multiple thermostats.
Specifically, DOE is specifying that only
the topmost and bottommost
thermostats be set, and that all other
thermostats and corresponding elements
not operate while setting thermostats or
during conduct of the standby loss test.
DOE also specifies that when setting the
topmost thermostat, only temperature
readings measured at locations higher in
the tank than the heating element
corresponding to the topmost thermostat
(the lowest heating element
corresponding to the thermostat if the
thermostat controls more than one
element) should be used to calculate
mean tank temperature. However, when
setting the bottommost thermostat, DOE
specifies that all temperature readings
should be used to calculate mean tank
temperature. These changes are
consistent with the industry test
method, ANSI Z21.10.3–2015, and
simply provide additional detail
regarding the method for setting the
thermostat to improve consistency and
repeatability.
asabaliauskas on DSK3SPTVN1PROD with RULES
F. Steady-State Requirements and SoakIn Period
1. Steady-State Verification
In the May 2016 NOPR, DOE noted
that the required three-minute period
for verifying steady-state operation prior
to the thermal efficiency test, which is
included in Exhibit G.1 of ANSI
Z21.10.3–2011 (currently incorporated
by reference in DOE’s test procedure),
may not be sufficiently long. 81 FR
28588, 28601 (May 9, 2016).
Additionally, DOE noted that the
current test procedure does not impose
requirements for maximum variation in
inlet water temperature or water flow
rate during this period for verifying
steady-state operation. Therefore, DOE
requested information and data that
might support a change to the
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provisions for establishing steady-state
operation in its test procedure.
In response to the May 2016 NOPR,
Bradford White stated that it is possible
to meet the current criterion of no
variation in outlet water temperature in
excess of 2 °F over a 3-minute period
before the water heater has reached
steady-state conditions. (Bradford
White, No. 19 at p. 4) Bradford White
and AHRI both commented that
verification of steady-state operation is
an area in which the repeatability of the
thermal efficiency test can be improved.
(Bradford White, No. 19 at p. 4; AHRI,
No. 26 at p. 9) Bradford White and AHRI
also suggested that DOE adopt more
stringent requirements for establishing
steady-state operation prior to the
thermal efficiency test, and included
specific guidelines in their comments
that they recommend DOE implement.
Specifically, Bradford White and AHRI
suggested establishing an hour-long
period during which the requirements
of DOE’s current thermal efficiency test
procedure would have to be met, along
with additional requirements for
maximum variation in: (1) Water flow
rate (± 0.25 gallons per minute (gpm));
(2) gas higher heating value (± 5 percent,
measured every 30 minutes); (3) inlet
water temperature (± 0.50 °F, with
respect to the initial reading); and (4)
the difference between initial and final
rise between inlet and outlet water
temperatures (± 0.50 °F and ± 1 °F for
units with input rates <500,000 Btu/h
and ≥500,000 Btu/h, respectively).
Bradford White and AHRI further
suggested that the final 30 minutes of
the hour-long period would be used to
calculate the results of the thermal
efficiency test. (Bradford White, No. 19
at p. 5; AHRI, No. 26 at pp. 9–10) AHRI
also suggested that these measurements
would be required at least every 60
seconds, except for gas higher heating
value.
A.O. Smith commented that while an
additional requirement for establishing
steady-state operation could improve
repeatability, it would be a new
requirement that manufacturers would
need to further analyze. (A.O. Smith,
No. 27 at p. 3) However, A.O. Smith
suggested revised guidelines for
determining steady-state operation in
case DOE proceeds with such
modifications to its test procedure.
Specifically, A.O. Smith suggested that
steady-state be considered established
once 30 minutes of consecutive readings
confirm that: (1) Inlet water temperature
is maintained at 70 °F ± 2 °F, (2) outlet
water temperature is maintained at
70 °F ± 2 °F above supply water
temperature, and (3) fuel input rate is
within 2 percent of the rated input. A.
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O. Smith argued that the required
measurement intervals should be one
minute for storage-type water heaters
but only 15 minutes for instantaneous
water heaters because instantaneous
water heaters do not experience a
lasting effect from momentary variations
in water temperature as do storage-type
water heaters. (A.O. Smith, No. 27 at pp.
3–4)
Rheem commented that it typically
monitors the outlet water temperature of
storage-type water heaters for at least 20
minutes prior to testing but does not
record this data. Rheem also stated that
it typically runs three thermal efficiency
tests after steady-state conditions are
established prior to beginning the
thermal efficiency test for which data
are recorded. Additionally, Rheem
asserted that instantaneous water
heaters only require 5 minutes of
operation before steady-state conditions
are reached, and that different steadystate verification requirements may be
warranted for different classes of CWH
equipment. (Rheem, No. 34 at p. 7)
DOE agrees with the commenters that
the guidelines for establishing steadystate operation that were suggested by
Bradford White and AHRI would
improve test repeatability. Specifically,
DOE agrees with these commenters that
extending the duration of the steadystate verification period from 3 minutes
to 30 minutes prior to the start of the 30
minute period for the thermal efficiency
test (for which steady-state conditions
must also be maintained, equating to a
total of one hour of continuous steadystate operation), and adding additional
requirements for verification would
improve the repeatability of the test.
DOE notes these guidelines were
suggested by a trade organization that
represents manufacturers that produce
over 90 percent of CWH equipment sold
in the United States, indicating that the
need for adopting these guidelines is
widely understood across the industry.
Additionally, Bradford White noted that
its suggested guidelines for determining
steady-state operation were developed
by an industry working group, and that
AHRI plans to adopt these test
guidelines. (Bradford White, No. 21 at p.
5) Therefore, DOE concludes that the
modifications to DOE’s steady-state
verification procedures adopted in this
final rule do not require further analysis
and comment from manufacturers, as
suggested by A.O. Smith, because DOE’s
adopted requirements contain only
minor deviations from the guidelines
suggested by Bradford White and AHRI.
However, DOE is open to stakeholder
feedback regarding these procedural
modifications related to establishment
of steady-state operation, including
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experiences prior to the compliance
date, and the Department would
consider addressing any potential issues
in a future test procedure rulemaking or
guidance, as necessary.
DOE agrees with all of the conditions
specified in the steady-state
requirements recommended by Bradford
White and AHRI, except for the
requirement that there be no variation in
the higher heating value of greater than
± 5 percent. DOE notes that AHRI and
Bradford White recommended
requirements for steady-state
verification that include a maximum
variation on the fuel higher heating
value, while the guidelines suggested by
A.O. Smith instead include a
requirement that the fuel input rate be
maintained within 2 percent of the rated
input. While DOE recognizes that
restricting variation in fuel higher
heating value ensures consistency in the
composition of fuel consumed (e.g.,
ensuring steady-state operation in the
case that the fuel source is changed
during the test), DOE believes that
restricting variation on fuel input rate
would be more effective in terms of
ensuring that steady-state operation is
reached. Variation in fuel higher heating
value is reflected in measurement of
fuel input rate, along with variation in
gas consumption. Additionally, section
2.3.3 of ANSI Z21.10.3–2011, which is
referenced in exhibit G.1 of ANSI
Z21.10.3–2011 (referenced in DOE’s
current test procedure), specifies that
the burner shall be adjusted to achieve
a measured input within ± 2 percent of
the manufacturer’s rated input 15
minutes after being placed in operation
from a room temperature start.
Therefore, DOE believes that including
a similar requirement for restricting
variation in fuel input rate when
verifying steady-state operation is
consistent with DOE’s current test
procedure and the industry consensus
test standard (ANSI Z21.10.3).
DOE does not expect a requirement to
measure fuel input rate during the
steady-state verification period and
thermal efficiency test to impose any
significant burden to manufacturers. As
discussed in section III.F.2 of this final
rule, no commenters suggested that
DOE’s proposed clarification that full
firing rate must be maintained
throughout the thermal efficiency test
would be burdensome or difficult to
achieve. Determination of fuel input rate
for each 10-minute interval simply
requires recording the fuel consumption
every ten minutes.
Consequently, DOE is adopting the
requirements for determining that
steady-state operation has been
achieved, as recommended by AHRI and
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Bradford White with one modification.
Specifically, DOE is declining AHRI and
Bradford White’s suggestion of a
requirement for maintaining the fuel
higher heating value within ± 5 percent
in favor of adopting A.O. Smith’s
suggestion of a requirement to maintain
the fuel input rate within ± 2 percent.
Under the test procedure adopted in this
final rule, the thermal efficiency test
will be complete when there is a
continuous, one-hour-long period
(comprising the 30-minute ‘‘steady-state
verification period’’ and 30-minute
‘‘thermal efficiency test’’) meeting the
following requirements: (1) Outlet water
temperature is maintained at 70 °F ± 2
°F above supply water temperature, (2)
water flow variation is no greater than
± 0.25 gpm from the initial value, (3)
fuel input rate is maintained within 2
percent of the rated input certified by
the manufacturer, (4) the supply water
temperature (or inlet water temperature
if a recirculating loop is used for
instantaneous water heaters and hot
water supply boilers) is within ± 0.5 °F
of its initial reading, and (5) the rise
between the supply water temperature
(or inlet water temperature if a
recirculating loop is used for
instantaneous water heaters and hot
water supply boilers) and outlet water
temperatures is within ± 0.50 °F of its
initial value for the duration of the onehour-long period for units with rated
input less than 500,000 Btu/h, and
within ± 1 °F of its initial value for units
with rated input greater than or equal to
500,000 Btu/h. The final 30 minutes
will be used to calculate thermal
efficiency. DOE concludes that the
method for determining steady-state
operation adopted in this final rule is
consistent with the industry test
standard, ANSI Z21.10.3–2015, but
provides more stringent requirements to
improve consistency. Based on the
comments received from stakeholders
and the foregoing discussion, DOE
concludes that the adopted method will
produce results which better reflect the
energy efficiency of CWH equipment
during a representative average use
cycle and will not be unduly
burdensome to conduct, as required by
EPCA. (42 U.S.C. 6314(a)(2))
In response to A.O. Smith’s
suggestion that DOE increase the
measurement interval for instantaneous
type water heaters, DOE disagrees and is
maintaining 1-minute measurement
intervals for the thermal efficiency test
as currently included in DOE’s test
procedure. This interval applies to the
new requirements for determining
steady-state operation (adopted from the
guidelines suggested by Bradford White
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and AHRI), except for fuel input rate,
which has a 10-minute measurement
interval. While DOE acknowledges it is
possible that burner fluctuations may
not have as much of a lasting effect on
instantaneous water heaters (other than
storage-type instantaneous water
heaters) as suggested by A.O. Smith,
DOE is not adopting a longer
measurement interval for instantaneous
water heaters than for storage water
heaters. DOE believes that the 1-minute
measurement interval included in
DOE’s current test procedure is
appropriate for both storage water
heaters and instantaneous water heaters,
and that it is appropriate and not
significantly burdensome to
manufacturers to extend this
measurement interval to the
measurements taken during the steadystate verification period prior to the
thermal efficiency test. DOE notes that
this one-minute interval was included
in the suggestion for determining
steady-state operation from both
Bradford White and AHRI.
Measurement intervals for both the
thermal efficiency and standby loss tests
are further discussed in section III.B.5 of
this final rule.
DOE disagrees with Rheem’s
suggestion that separate requirements
may be warranted for verifying steadystate operation for instantaneous water
heaters and storage water heaters, and is
adopting the same requirements for both
kinds of CWH equipment. Many storage
water heaters, particularly those with a
low input-volume ratio, may require a
significant amount of time before
steady-state conditions are reached and
measurements can begin constituting
the steady-state verification period. In
contrast, instantaneous water heaters,
with a much higher input-volume ratio,
may reach steady-state conditions very
quickly, and it may only take a short
time after beginning water heater
operation before measurements can be
included in the steady-state verification
period. However, DOE is not adopting
any provisions or requirements
regarding the duration of the period
during which CWH equipment warms
up to reach steady-state conditions.
Nonetheless, DOE continues to believe
that a 30-minute period for verifying
steady-state operation is appropriate for
both storage water heaters and
instantaneous water heaters, and that
the duration of this period should not
depend upon the time it takes for the
water heater to warm up. Thus, DOE is
not adopting different verification
requirements for instantaneous water
heaters, as suggested by Rheem.
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2. Clarifying Statements
DOE’s current thermal efficiency test
procedure for gas-fired and oil-fired
CWH equipment, which incorporates by
reference Exhibit G.1 of ANSI Z21.10.3–
2011, requires the water heater to
achieve steady-state conditions prior to
beginning measurements for the thermal
efficiency test. Specifically, the test
procedure requires the outlet water
temperature to be maintained at 70 °F ±
2 °F above the supply water
temperature, with no variation in excess
of 2 °F over a 3 minute period. However,
DOE’s current test procedure does not
specify that this outlet water
temperature requirement must be
maintained throughout the thermal
efficiency test.
In the May 2016 NOPR, DOE
proposed adding clarifying statements
to its test procedure regarding steadystate operation. Specifically, DOE
proposed to require that the test entity
must maintain the outlet water
temperature at 70 °F ± 2 °F above the
supply water temperature and ensure
the burner fires continuously at the full
firing rate (i.e., no modulation or cutouts) for the entire duration of the
thermal efficiency test. Further, DOE
proposed to clarify that once steadystate operation is achieved, as
determined by no variation of the outlet
water temperature in excess of 2 °F over
a 3-minute period, no settings on the
water heating equipment may be
changed until measurements for the
thermal efficiency test are finished. DOE
also proposed a similar clarification for
the standby loss test for CWH
equipment other than flow-activated
instantaneous water heaters, requiring
that after the first cut-out before
beginning the standby loss test, no
settings may be changed on the water
heater until measurements for the
standby loss test are finished. 81 FR
28588, 28604–28605 (May 9, 2016).
In response to the May 2016 NOPR,
several commenters agreed with DOE’s
proposed clarifications. (Bock, No. 19 at
p. 2; Bradford White, No. 21 at p. 8,
A.O. Smith, No. 27 at p. 6; Rheem, No.
34 at p. 9) Bradford White further noted
that it believes that the content of DOE’s
clarifying statements are already
understood and common industry
practice. However, Bradford White
noted that it did not agree with the
3-minute period for determining steadystate operation. (Bradford White, No. 21
at p. 8)
The provisions for establishing
steady-state operation prior to the
thermal efficiency test that DOE is
adopting in this final rule (as discussed
in section III.F.1 of this final rule)
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include, among other requirements, that
the following conditions be maintained
throughout the test: (1) The specified
outlet water temperature, and (2) the
fuel input rate within ± 2 percent of the
manufacturer’s rated input. This is in
contrast to the existing requirement that
there be no variation in outlet water
temperature in excess of 2 °F over a 3minute period prior to beginning the
test. Therefore, additional clarifying
statements addressing these conditions
during the thermal efficiency test are no
longer necessary, as they now must be
maintained throughout the duration of
the test. However, DOE is adopting its
proposed provisions requiring that no
settings may be changed on the CWH
equipment being tested: (1) Once the
steady-state conditions are established
during the steady-state verification test
and until the thermal efficiency test is
completed; and (2) after the first cut-out
before beginning the standby loss test
until the measurements of the standby
loss test are completed (for all CWH
equipment, except for flow-activated
instantaneous water heaters and
externally thermostatically-activated
instantaneous water heaters). (For more
information on the standby loss test
procedure adopted for flow-activated
and externally thermostaticallyactivated instantaneous water heaters,
see section III.H.3 of this final rule.) As
noted above by commenters, these
requirements to leave the settings on
CWH equipment unchanged during
certain portions of testing are already
generally understood and common
industry practice. DOE is adding these
requirements to clarify the industry test
method, and, therefore, concludes that
these changes are consistent with ANSI
Z21.10.3–2015.
3. Soak-In Period
DOE’s current thermal efficiency test
procedure for gas-fired and oil-fired
CWH equipment, which incorporates by
reference Exhibit G.1 of ANSI Z21.10.3–
2011, requires the water heater to
achieve steady-state conditions prior to
beginning measurements for the thermal
efficiency test. Specifically, the test
procedure requires the outlet water
temperature to be maintained at 70 °F ±
2 °F above the supply water
temperature, with no variation in excess
of 2 °F over a 3-minute period. DOE’s
current standby loss test procedure for
gas-fired and oil-fired CWH equipment,
which incorporates by reference Exhibit
G.2 of ANSI Z21.10.3–2011, requires the
water heater to reach a mean tank
temperature of 140 °F and remain in
standby mode after the first cut-out until
the next cut-out before measurements
for the standby loss test begin. However,
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as discussed in the May 2016 NOPR,
DOE thought it possible that these
provisions for both tests might be
insufficient for ensuring that the tank
insulation is fully heated before
beginning test measurements.
In the May 2016 NOPR, DOE
proposed to require a soak-in period
prior to beginning the thermal efficiency
and standby loss tests, in which the
water heater would remain idle (i.e., no
water draws) for at least 12 hours with
thermostat(s) maintained at settings that
would achieve the required water
temperature. 81 FR 28588, 28598 (May
9, 2016). However, DOE proposed not
requiring a soak-in period prior to the
beginning of an efficiency test (i.e.,
thermal efficiency or standby loss) if no
settings on the water heater were
changed and the water heater had not
been turned off since the end of a
previously run efficiency test.
In response to the May 2016 NOPR,
A.O. Smith stated that all proposed
requirements for soak-in periods are
unnecessary and would not improve test
accuracy or repeatability, given the
requirements for establishing steadystate operation. (A.O. Smith, No. 27 at
p. 17) Several commenters stated that a
soak-in period is unnecessary before a
thermal efficiency test because DOE’s
test procedure requires that steady-state
operation be reached prior to beginning
measurements. (Bradford White, No. 19
at p. 4; AHRI, No. 26 at pp. 9–10;
Raypak, No. 28 at p. 6; Rheem, No. 34
at p. 6) However, Bradford White, AHRI,
and Raypak indicated that the soak-in
period would be useful prior to a
thermal efficiency test if the water
heater were not stored in a conditioned
space (i.e., maintained at 75 °F ± 10 °F
according to Bradford White,
maintained at temperature above
freezing according to Raypak, and
unspecified according to AHRI).
(Bradford White, No. 19 at p. 4; AHRI,
No. 26 at pp. 9–10; Raypak, No. 28 at
p. 6) Bradford White and AHRI also
argued that a soak-in period should only
be required before a standby loss test if
the test is not begun within 3 hours of
the end of a thermal efficiency test.
(Bradford White, No. 19 at p. 4; AHRI,
No. 26 at pp. 9–10) Raypak indicated
that a soak-in period should only be
required before a standby loss test if the
water heater is not stored in a
conditioned space. (Raypak, No. 28 at p.
6) Rheem stated that a soak-in period of
12 hours is sufficiently long before
conducting a standby loss test without
a previously run thermal efficiency test.
(Rheem, No. 34 at p. 6)
A.O. Smith argued that while not
requiring human interaction, a soak-in
period would be burdensome to
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manufacturers because it would require
lab space to be occupied and certain
environmental conditions to be
monitored and maintained. (A.O. Smith,
No. 27 at p. 17) Rheem stated that the
soak-in period would place an
additional burden on manufacturers in
terms of time, resources, and laboratory
space, if required when a thermal
efficiency test is performed in
conjunction with a standby loss test.
(Rheem, No. 34 at p. 6)
DOE acknowledges that a soak-in
period would not be warranted before a
thermal efficiency test if steady-state
operation is assured prior to beginning
the test. Given the more stringent
provisions for determining steady-state
operation that DOE is adopting in this
final rule (discussed in section III.F.1),
DOE agrees with commenters that a
soak-in period is not needed before the
thermal efficiency test, and is not
adopting this requirement. While
several commenters indicated that a
soak-in period might be helpful if the
water heater were not stored in a
conditioned space, DOE believes that in
this case, the water heater would simply
take longer to reach the required steadystate conditions before beginning the
thermal efficiency test, and that an
additional soak-in period would not be
necessary.
DOE believes that a soak-in period
would improve test repeatability for the
standby loss test if a thermal efficiency
test were not previously conducted. In
the May 2016 NOPR, DOE also proposed
that a soak-in period be required if any
settings on the water heater had been
changed, or if the water heater had been
turned off since the end of a previously
run efficiency test. 81 FR 28588, 28598
(May 9, 2016). However, Bradford White
and AHRI indicated that a soak-in
period should only be required before
the standby loss test if the standby loss
test does not begin within three hours
of the end of a previously run thermal
efficiency test. (Bradford White, No. 19
at p. 4; AHRI, No. 26 at p. 9)
DOE disagrees with the suggestion
that a soak-in period would not be
necessary if a water heater were turned
off after a thermal efficiency test but for
three hours or less before beginning the
standby loss test. DOE believes that the
water heater should be turned on at all
times between the end of the thermal
efficiency test and the beginning of the
standby loss test to ensure that the
thermal equilibrium within the tank
insulation, or ‘‘soaking in,’’ achieved
during the thermal efficiency test is not
lost before starting the standby loss test.
DOE notes that water heaters likely vary
significantly in the time required after
ending the thermal efficiency test before
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the burner cuts in again. This variation
includes factors such as storage volume,
tank heat losses, and thermostat control
algorithms. For certain water heaters,
this time may even exceed three hours,
in which case it would not matter if the
water heater were turned on or off
during this period. However, in other
cases, the thermal equilibrium of the
tank may be lost if the water heater is
turned off between tests. A decrease in
the insulation temperature between tests
might require additional energy
consumption to reheat the insulation
during the standby loss test, which
would result in higher calculated values
of standby loss.
DOE also believes that a soak-in
period requirement will improve the
repeatability of the standby loss test for
electric storage water heaters. Electric
storage water heaters do not have a
thermal efficiency test, so unless
multiple standby loss tests are run
consecutively, the soak-in period will
ensure that the tank insulation has
reached thermal equilibrium before
measurements for the standby loss test
begin. Therefore, to improve
repeatability of the standby loss test for
storage water heaters and storage-type
instantaneous water heaters, DOE is
adopting a requirement that a soak-in
period of 12 hours be conducted before
the standby loss test unless no settings
on the water heater have been changed
and the water heater has not been
turned off since the end of a previously
run efficiency test. DOE concludes that
adding requirements for the soak-in
period (when required) will improve the
repeatability of the test result, but is
consistent with ANSI Z21.10.3–2015.
The provisions DOE is adopting that
specify when a 12-hour soak-in period
is required prior to the standby loss test
(i.e., required unless no settings on the
water heater have been changed and the
water heater has not been turned off
since the end of a previously run
efficiency test) allow flexibility for the
manufacturer or testing agency. After
completion of the thermal efficiency
test, as long as the water heater stays
turned on and no settings are changed,
the laboratory technician may choose to
begin the standby loss test immediately,
or allow the tank to soak in longer
before beginning the standby loss test.
G. Definitions for Certain Consumer
Water Heaters and Commercial Water
Heating Equipment
1. Consumer Water Heaters
A statutory definition for consumer
‘‘water heater’’ was added to EPCA by
the National Appliance Energy
Conservation Act of 1987 (NAECA; Pub.
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L. 100–12, March 17, 1987), which
specifies input ratings at or below
which water heaters are to be classified
as consumer water heaters (e.g., 75,000
Btu/h for gas-fired storage water heaters;
12 kW for electric storage water heaters
and electric instantaneous water
heaters; 210,000 Btu/h for oil-fired
instantaneous water heaters). (42 U.S.C.
6291(27)) NAECA also established
standards for gas-fired consumer water
heaters, oil-fired consumer water
heaters, and electric consumer water
heaters. (42 U.S.C. 6295(e)(1))
DOE restated the statutory definition
of ‘‘water heater’’ in the appliance
standards regulations applicable to
consumer products at 10 CFR 430.2. In
addition to adopting EPCA’s definition
of ‘‘water heater’’ for standards
applicable to consumer products, DOE
defined a variety of terms in the test
procedure provisions applicable to
consumer water heaters to help specify
the test procedure provisions applicable
to specific kinds of water heaters (e.g.,
‘‘gas instantaneous water heater’’ and
‘‘electric storage water heater’’). 55 FR
42162, 42169 (October 17, 1990). These
test procedure definitions included
provisions related to water temperature
design characteristics and rated storage
volume. The standards at 10 CFR 430.32
and the ‘‘water heater’’ definition at 10
CFR 430.2 did not include any such
limitations.
In an effort to consolidate all relevant
definitions in 10 CFR 430.2, DOE
removed the definitions for specific
kinds of consumer water heaters from
its test method at appendix E to subpart
B of part 430 (i.e., ‘‘electric heat pump
water heater,’’ ‘‘electric storage water
heater,’’ ‘‘gas-fired instantaneous water
heater,’’ ‘‘gas-fired storage water
heater,’’ and ‘‘oil-fired storage water
heater’’) and placed these definitions in
the general definition section at 10 CFR
430.2, along with newly established
definitions for ‘‘gas-fired heat pump
water heaters,’’ ‘‘oil-fired instantaneous
water heater,’’ and ‘‘electric
instantaneous water heater.’’ 79 FR
40542, 40549, 40566–40567 (July 11,
2014). The reorganization of the existing
definitions and the newly established
definitions became effective on July 13,
2015, and these definitions excluded
products with a rated storage capacity
greater than 120 gallons and, in some
cases, excluded products designed to
heat and store water at a
thermostatically controlled temperature
greater than 180 °F. 79 FR 40542,
40566–40567 (July 11, 2014).
As noted previously, the standards
and definition set forth in EPCA do not
include any limitation related to the
water temperature or storage capacity.
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Therefore, prior to the effective date of
the amendments in the July 2014 final
rule, any product meeting the definition
of a ‘‘water heater’’ as established under
EPCA and restated in 10 CFR 430.2
would have been subject to the statutory
standards applicable to consumer water
heaters (i.e., water heaters within the
input limits established under EPCA
would have been subject to the
standards regardless of the water
delivery temperature or storage
capacity).
In the May 2016 NOPR, DOE
proposed to amend the definitions for
specific types of consumer water heaters
included at 10 CFR 430.2 by removing
from the definitions the specifications
related to the water temperature and
storage capacity. 81 FR 28588, 28605–
28606 (May 9, 2016). Because a model
that would otherwise meet the
definition of a consumer water heater
could not ‘‘become’’ commercial as the
result of the unit’s capability of
producing water at temperatures above
180 °F or by having a rated capacity in
excess of 120 gallons, the proposed
definitions better reflect the statutory
definitions and DOE’s statutory
authority. More generally, DOE clarified
that a product that utilizes gas, oil, or
electricity to heat potable water for use
outside the heater upon demand that
does not meet the statutory definition of
‘‘water heater’’ at 42 U.S.C. 6291(27)
would be a commercial water heater,
subject to the standards for such water
heaters as set forth in 42 U.S.C.
6313(a)(5).
DOE received comments on the
proposed removal of the temperature
and the capacity criteria. A number of
stakeholders disagreed with DOE’s
proposal to remove the 180 °F water
delivery temperature from the consumer
water heater definitions at 430.2. (HTP,
No. 24 at p. 2; AHRI, No. 26 at pp. 4–
5; Rinnai, No. 31 at p. 2; Bock, No. 19
at p. 2; Bradford White, No. 21 at pp. 8–
9; Rheem, No. 34 at pp. 10–11) AHRI
argued that by removing these criteria,
specifically the 180 °F exclusion, from
its consumer water heater definitions,
DOE would be reversing a long-standing
position that AHRI stated was
determined valid in the July 2014 final
rule. AHRI also stated that DOE did not
provide sufficient explanation for
reversing its long-standing position.
(AHRI, No. 26 at pp. 4–5)
Contrary to AHRI’s understanding, the
relocation of definitions from the test
procedure provisions to the general
definitions section in the July 2014 final
rule was not for the purpose of
validating a long-standing position. As
noted previously, ‘‘water heater’’ is
defined by EPCA, and remains defined
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in 10 CFR 430.2, without restriction as
to water temperature delivery or storage
capacity. The addition of these
exclusions to DOE’s definitions at 10
CFR 430.2 was not intended to limit the
applicability of the definition of ‘‘water
heater.’’ As explained in the July 2014
final rule, definitions of ‘‘gas-fired heat
pump water heater,’’ ‘‘oil-fired
instantaneous water heater,’’ and
‘‘electric instantaneous water heater’’
were added in the context of the new
test procedure. 79 FR 40542, 40549 (July
11, 2014). The notice also stated that all
other definitions from the test procedure
were being relocated. Id. The July 2014
final rule did not discuss restricting the
statutory or regulatory definition of
‘‘water heater.’’ As opposed to
validating a long-standing position, DOE
recognizes that by relocating the
definitions it furthered confusion
regarding the applicability of the
standards. As previously stated, prior to
the effective date of the July 2014 final
rule, any product meeting the definition
of a ‘‘water heater’’ would have been
subject to the statutory standards
applicable to consumer water heaters,
regardless of the water delivery
temperature or storage capacity. The
temperature and capacity restrictions
were for the purpose of applying
provisions of the test procedure, not the
standard. Therefore, DOE considers
removal of these exclusions as a
correction to a recent change, and not as
a reversal of a long-standing position.
Additionally, as discussed in the
following paragraphs, DOE has
concluded use of such limitations
would be inappropriate given, in part,
the water heaters currently available on
the market.
AHRI further argued that when
interpreting the statutory definition
applicable to consumer water heaters,
DOE must first consider the definition
of ‘‘consumer product.’’ When
determining whether a product falls
within the definition of ‘‘water heater’’
in the context of the consumer product
standards, AHRI argued that DOE must
first consider whether that product is a
consumer product and that the
temperature and capacity criteria inform
that consideration. AHRI pointed to
prior consideration by DOE of factors
beyond those in the EPCA definition to
distinguish between consumer and
commercial products, citing the April
2010 final rule (75 FR 20112, 20127), in
which DOE stated that pool heaters
marketed as commercial equipment and
that contain additional design
modifications related to safety
requirements for installation in
commercial buildings would not be
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covered by DOE’s consumer product
standard for pool heaters. (AHRI, No. 26
at pp. 5–6) In the present case, AHRI
essentially argued that water heaters
that are designed to deliver water at
temperatures greater than 180 °F or that
have a rated volume in excess of 120
gallons are not to any significant extent
marketed or sold for personal use by
individuals, and therefore cannot be
consumer products. Other commenters
asserted that water delivery temperature
provides a meaningful way to
distinguish between consumer and
commercial water heaters. (Bock, No. 19
at p. 2; Bradford White, No. 21 at p. 9;
Rinnai, No. 31 at p. 2) HTP and AHRI
stated that units that heat water above
180 °F are only used in commercial
applications, and that water heated
above 180 °F in a residential application
presents a scald hazard. (HTP, No. 24 at
p. 2; AHRI, No. 26 at p. 4) Bradford
White stated that all of its commercial
electric storage basic models would be
mistakenly reclassified if DOE removed
the 180 °F exclusion from its consumer
water heater definitions, even though
according to Bradford White, these
models are not appropriate for
residential applications. (Bradford
White, No. 21 at p. 9) A.O. Smith stated
that defining as consumer water heaters
gas instantaneous water heaters with an
input capacity less than or equal to
200,000 Btu/h and a water delivery
temperature greater than 180 °F would
make ratings inconsistent with other
commercial water heaters. (A.O. Smith,
No. 27 at p. 10)
Several manufacturers also disagreed
with the removal of the storage capacity
criterion. (Bradford White, No. 21 at p.
9; A.O. Smith, No. 27 at p. 6; Rheem,
No. 34 at p. 11) Bradford White and
A.O. Smith stated that models with
storage volume greater than 120 gallons
require American Society of Mechanical
Engineers (ASME) pressure vessel
certification in most jurisdictions and
that these models would not be used in
residential applications. Bradford White
also commented that the cost of ASME
certification is high enough to be costprohibitive for residential applications.
(Bradford White, No. 21 at p. 9)
DOE reiterates that the relocation of
definitions relevant to the test
procedure to the general definition
section at 10 CFR 430.2 was not
intended to reflect a prior interpretation
restricting the applicability of the
standards for consumer water heaters.
However, even if the removal of the
water temperature delivery and volume
capacity limitations were a change to a
long standing practice of distinguishing
between consumer and commercial
water heaters, a recent survey of the
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market leads DOE to determine that
such criteria would not be appropriate
to distinguish between water heaters
that are consumer products and those
that are commercial products. While
DOE acknowledges that water heaters
with a water delivery temperature
greater than 180 °F or with a storage
volume greater than 120 gallons may not
be commonly used in residential
applications, the question is whether a
water heater is of the type distributed in
commerce to any significant extent for
personal use by an individual. (42
U.S.C. 6291(1)) Consideration of
whether an article is of a type
distributed in commerce to any
significant extent for personal use by an
individual is made without regard to
whether a specific article is in in fact
distributed in such a manner. Id.
In surveying the market, DOE has
identified several water heaters that
demonstrate that a reliance on a 180 °F
threshold would be inappropriate for
distinguishing between consumer and
commercial water heaters. Rheem
markets a water heater under its
commercial line that has input ratings
below the 12 kW threshold specified in
the statutory definition for consumer
water heaters and has thermostat
controls that provide maximum water
temperatures greater than 180 °F.
(Docket No. EERE–2014–BT–TP–0008–
0041) This water heater’s installation
instructions reference installation in the
‘‘home,’’ indicating that the model is
distributed for consumer use. (Docket
No. EERE–2014–BT–TP–0008–0040, pp.
15, 21) A water heater offered by A.O.
Smith has two 4.5 kW heating elements
arranged in a configuration typical for
consumer water heaters and provides an
input capacity below the statutory 12
kW threshold, but has a thermostat
adjustable up to 181 °F, one degree
above the 180 °F threshold in the
regulatory definition of ‘‘electric storage
water heater.’’ (Docket No. EERE–2014–
BT–TP–0008–0038) The manual for the
A.O. Smith product references
installation in the home, again
suggesting that the product is
distributed, at least to an extent, for
residential use. (Docket No. EERE–
2014–BT–TP–0008–0037, pp. 8–9)
With regard to the 180 °F criterion,
DOE’s understanding is that exceeding
the temperature threshold for a water
heater can be achieved through
replacement of a single part, the
thermostat, which DOE believes can be
very easily and inexpensively changed
to allow for heating water to greater than
180 °F. As noted by A.O. Smith in its
comment, the 180 °F operating limit is
not necessarily a satisfactory criterion
for separating consumer and
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commercial water heaters, because a
thermostat designed to deliver water
temperatures in excess of 180 °F can be
installed at no additional cost on
products that are consumer water
heaters in all other respects. (A.O.
Smith, No. 27 at pp. 6–7) A.O. Smith
suggested that removing the 180 °F
criterion for electric storage water
heaters could dissuade manufacturers
from trying to avoid DOE’s standard for
large residential electric storage water
heaters.13 (A.O. Smith, No. 27 at pp.
6–7) Additionally, Rheem suggested that
the 180 °F criterion for distinguishing
between residential-duty commercial
water heaters and other commercial
water heaters allows manufacturers to
move units in and out of the residentialduty commercial water heater classes
using a thermostat. (Docket No. EERE–
2014–BT–STD–0042–0020 at p. 18) DOE
believes that the same allowance to
move between classes would apply to a
180 °F criterion that distinguished
between consumer water heaters and
commercial water heaters. Bradford
White stated in its comments that the
only feature to distinguish some if its
models as commercial is the
temperature requirement. (Bradford
White, No. 21 at p. 9) The ease at which
water temperature in excess of 180 °F
can be achieved by a water heater that
is in all regards a consumer water heater
demonstrate that the 180 °F threshold
would circumvent the statutory
definition of a consumer water heater.
DOE also notes that the concern raised
by commenters regarding scalding is
applicable to lower water temperatures
as well. Manufacturer warnings
regarding scalding identify the danger at
temperatures as low as 125 °F, and with
an exposure time of 1 second at 155 °F.
(Docket No. EERE–2014–BT–TP–0008–
0037) The range of the temperatures at
which warnings are issued indicate that
180 °F would not be an adequate
threshold to delineate the risk of
scalding, further demonstrating that a
threshold of 180 °F does not provide a
meaningful distinction between
consumer and commercial water
heaters.
GE supported DOE’s proposal to
remove the 180 °F exclusion from DOE’s
consumer water heater definitions,
suggesting that the change would end
the shift in shipments from residential
electric storage water heaters to
commercial electric storage water
heaters. GE also stated that a rulemaking
13 A.O. Smith did support maintaining the 180 °F
criterion for other water heaters, but did not
provide an explanation for why its statements
provided in regards to electric storage water heaters
would not apply to other water heaters. (A.O.
Smith, No. 27 at p. 7)
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should not be necessary for these
changes, and that DOE should make
these changes in a guidance document.
If these changes are made in a
rulemaking, GE suggested that the
effective date should be immediate. (GE,
No. 25 at pp. 1–2)
With regard to the 120 gallon
threshold, DOE has determined that in
the interest of avoiding future
confusion, it is not adding this criterion
to the definition of consumer water
heater. DOE has determined that the
simplest way to maintain the distinction
as established by Congress between
consumer and commercial water heaters
is to rely solely on the definition set
forth in EPCA.
As explained previously, the 180 °F
and 120 gallon rated volume criteria
were for the purpose of defining terms
in the context of the test procedures for
consumer water heaters. Such
distinctions are unnecessary under
DOE’s current test procedures for
consumer water heaters, as adopted in
the July 2014 final rule, which also
applies to residential-duty commercial
water heaters. To correct the application
of such thresholds to the definitions
pertaining to consumer water heaters,
DOE is removing them from the
definitions. Additionally, based on a
survey of the market and based on
several of the comments received, DOE
has determined that these criteria would
be inappropriate for distinguishing
between consumer and commercial
water heaters. EPCA delineates between
consumer and commercial water heaters
in the statutory definition through
specified rated inputs. As evidenced by
the discussion of the products surveyed,
the addition of further criteria does not
provide a meaningful distinction
between consumer and commercial
water heaters. To add a temperature or
volume criterion would potentially
exclude some consumer water heaters
from the regulatory definition of a
consumer water heater, but not the
statutory definition, and such a result
would be an inappropriate restriction on
the definition of consumer water heater
provided in EPCA.
DOE has previously considered
adding criteria to its codified definitions
beyond the statutory criteria to
distinguish between consumer and
commercial products. In the case of pool
heaters, a consumer product,
commenters and DOE recognized that
there were performance and design
characteristics that further informed a
determination of whether a pool heater
was a consumer product or a
commercial product. 75 FR 20112,
20127 (April 16, 2010). For pool heaters,
DOE declined to add those criteria to
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the definition of pool heater, finding
that amendments to the statutory
definition were unnecessary and that
marketing and design differences related
to safety requirements for installation in
commercial buildings sufficiently
informed the distinction between
consumer and commercial products. Id.
That is, the definition established by
EPCA did not require further
clarification.
However, the consideration for pool
heaters is not wholly analogous to the
present case. Unlike the present case
and the consideration of a temperature
threshold, the additional criteria
discussed for pool heaters would not
have limited the application of the
defined term ‘‘pool heater’’ established
in statute (i.e., the criteria discussed for
pool heaters would not have excluded
pool heaters that are otherwise
consumer products from standards).
Here, the addition of a temperature
threshold would exclude water heaters
from consideration as consumer water
heaters that under the statutory
definition are consumer water heaters,
and are of the type distributed in
commerce for personal use by
individuals.
EPCA does not exclude water heaters
based on water temperature delivery or
volume in its definition for consumer
‘‘water heater.’’ Rather, the definition in
EPCA relies on input criteria to define
which water heaters fall under the
consumer ‘‘water heater’’ definition, and
DOE believes that in order to maintain
consistency with EPCA, the inclusion of
these criteria is not appropriate.
Several commenters asserted that the
removal of the exclusion from the
consumer water heater definitions of
models with a water delivery
temperature of 180 °F or higher is
inconsistent with the definition of a
‘‘residential-duty commercial water
heater’’ that DOE established in the July
2014 final rule for test procedures for
consumer water heaters and certain
commercial water heaters. 79 FR 40542,
40586 (July 11, 2014). Specifically,
commenters noted that in that rule, DOE
included water delivery temperature of
180 °F or higher as an indicator of nonresidential application for commercial
water heaters, and stated that such units
would generally only be used in
commercial settings. (AHRI, No. 26 at
pp. 4–5; Rinnai, No. 31 at p. 2; Bradford
White, No. 21 at pp. 8–9) Rheem also
suggested that removing the 180 °F and
120 gallon criteria from the consumer
water heater definitions while
maintaining water delivery temperature
of greater than 180 °F and storage
volume greater than 120 gallons as
distinguishing criteria for commercial
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water heaters not used in residential
applications (i.e., not residential-duty
commercial water heaters) would lead
to confusion in the market place.
(Rheem, No. 34 at p. 10)
In the July 2014 final rule, DOE
established a new class of commercial
water heaters, ‘‘residential-duty
commercial water heater.’’ 79 FR 40542,
40586 (July 11, 2014). EPCA, as
amended by AEMTCA, allowed DOE to
exclude from a uniform energy
descriptor water heaters that do not
have residential applications and that
can be clearly described. (42 U.S.C.
6295(e)(5)(F)) Under this authority, DOE
established several criteria to separate
commercial water heaters that have
residential applications (i.e., residentialduty commercial water heaters) from
commercial water heaters generally. Id.
at 40586. When determining how to
distinguish a residential-duty
commercial water heater from other
commercial water heaters, DOE relied
on an outlet water temperature of 180 °F
or lower as one of several dividing
criteria. 79 FR 40542, 40546 (July 11,
2014). DOE noted that although
residential-duty commercial water
heaters could have residential
applications, the ‘‘residential-duty
commercial water heater’’ definition
represents a type of water heater that, to
a significant extent, is distributed in
commerce for industrial or commercial
use. Id. In its explanation for this
criterion, DOE stated that a 180 °F water
delivery temperature is a valuable
distinguishing feature between
commercial water heaters intended for
residential use and those that are not.
However, water delivery temperature
serves in conjunction with other criteria
to distinguish residential-duty
commercial water heaters from other
commercial water heaters (i.e., rated
storage volume, rated input, and for
models requiring electricity, and use of
a single-phase external power supply
are also considered). See 10 CFR
431.102.
EPCA provides a criterion for
distinguishing between water heaters
that are consumer products and water
heaters that are commercial and
industrial equipment: The rated input.
(42 U.S.C. 691(27)) Although water
delivery temperature and rated storage
capacity are useful as part of the
analysis to differentiate between
commercial water heater applications,
as explained above, water delivery
temperature and rated storage capacity
are inappropriate to distinguish between
consumer water heaters and commercial
water heaters.
A. O. Smith and Raypak both argued
that it was inappropriate to address the
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definitions of consumer water heaters in
this rulemaking since this rulemaking
primarily addresses test procedures for
water heaters as commercial products.
(A. O. Smith, No. 27 at p. 7; Raypak, No.
28 at p. 7) As noted by Raypak, the
water heaters excluded under the
consumer water heater definition in
EPCA and 10 CFR 430.2 are subject to
the commercial water heater standards
in 10 CFR part 431. By removing the
outlet water temperature and capacity
criteria, DOE is clarifying the distinction
between consumer water heaters and
commercial water heaters as prescribed
by EPCA. DOE believes removing the
water temperature and volume
references will simplify its regulations.
Those water heaters with a rated input
in excess of the applicable maximum
specified in EPCA (42 U.S.C. 6311(12))
are commercial water heaters and will
be regulated under EPCA as industrial
equipment under 42 U.S.C. 6311(1),
meaning that those commercial water
heaters cannot be a covered consumer
product under 42 U.S.C. 6291(1).
Additionally, contrary to Bradford
White’s suggestion, not all electric
storage water heater basic models will
need to be reclassified under this final
rule. (Bradford White, No. 27 at p. 9)
Only electric storage models with an
input rating less than or equal to 12 kW
must be classified as consumer water
heaters. All electric storage models with
an input rating greater than 12 kW are
classified as commercial water heaters.
For the reasons previously discussed,
DOE is removing the 180 °F water
delivery temperature and 120 gallon
storage volume exclusions from its
consumer water heater definitions, as
proposed in the May 2016 NOPR.
Because DOE is modifying the
regulations, such changes cannot be
addressed through a guidance
document. The effective date of these
definition changes is 30 days after
publication of this final rule in the
Federal Register.
In the May 2016 NOPR, DOE also
proposed to remove the terms ‘‘electric
heat pump water heater’’ and ‘‘Gas-fired
heat pump water heater’’ from its
definitions at 10 CFR 430.2. 81 FR
28588, 28606 (May 9, 2016). DOE
reasoned that these terms were
unnecessary because they are not used
in the energy conservation standards for
consumer water heaters at 10 CFR
430.32(d), nor are they used in the
Uniform Test Method for Measuring the
Energy Consumption of Water Heaters at
appendix E to subpart B of part 430.
In response to this proposal, Rheem
disagreed with the removal of the terms
‘‘electric heat pump water heater’’ and
‘‘gas-fired heat pump water heater’’ from
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DOE’s definitions at 10 CFR 430.2.
Rheem stated that heat pump water
heaters have different defining factors
than other kinds of consumer water
heaters, and that the threshold input
rate only represents the power being
supplied from the non-heat pump
technology involved with heating the
stored water. (Rheem, No. 34 at pp. 11–
12)
As proposed in the May 2016 NOPR,
DOE is removing the definitions for
‘‘electric heat pump water heater’’ and
‘‘gas-fired heat pump water heater’’ from
its regulations. DOE acknowledges that
heat pump water heaters can have
different defining factors than other
consumer water heaters, but DOE is
removing these definitions because they
are not used in DOE’s test procedures or
energy conservations standards for
consumer waters. Therefore, removing
these definitions will have no effect on
the implementation of DOE’s
regulations.
As discussed in the previous
paragraphs, DOE is revising the
definitions for ‘‘electric instantaneous
water heater,’’ ‘‘electric storage water
heater,’’ ‘‘gas-fired instantaneous water
heater,’’ ‘‘gas-fired storage water
heater,’’ ‘‘oil-fired instantaneous water
heater,’’ and ‘‘oil-fired storage water
heater’’ in its regulations of consumer
water heaters at 10 CFR 430.2, as set out
in the regulatory text at the end of this
document.
2. Commercial Water Heating
Equipment
DOE currently includes several
definitions in its regulations for CWH
equipment at 10 CFR 431.102 that
include the terms ‘‘rated input’’ or
‘‘input rating.’’ These definitions
include ‘‘hot water supply boiler,’’
‘‘instantaneous water heater,’’
‘‘residential-duty commercial water
heater,’’ and ‘‘storage water heater.’’ In
the May 2016 NOPR, DOE proposed a
new definition for ‘‘fuel input rate,’’ a
value to be certified for all gas-fired and
oil-fired CWH equipment. 81 FR 28588,
28637 (May 9, 2016). Therefore, DOE
also proposed replacing the terms ‘‘rated
input’’ and ‘‘input rating’’ with the term
‘‘fuel input rate’’ for gas-fired and oilfired CWH equipment in the definitions
for CWH equipment at 10 CFR 431.102.
81 FR 28588, 28606 (May 9, 2016).
As discussed in section III.L.1 of this
final rule, based on feedback from
stakeholders regarding the rated input
determined from safety certification,
DOE is not adopting its proposed
requirements regarding certification of
fuel input rate. Therefore, in this final
rule, DOE is not modifying its
definitions for CWH equipment at 10
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CFR 431.102 as proposed in the May
2016 NOPR. Instead, DOE is adopting
the term ‘‘rated input’’ in its definitions
to refer to the input capacity certified to
DOE by the manufacturer and included
on the equipment nameplate. In
contrast, DOE is adopting the term ‘‘fuel
input rate’’ in its regulations only to
refer to the capacity of a unit
determined in a particular test.
DOE’s current definitions for ‘‘storage
water heater’’ and ‘‘instantaneous water
heater’’ in its regulations for CWH
equipment codified at 10 CFR 431.102
do not include any criteria that exclude
units that meet DOE’s current
definitions for consumer water heaters,
as codified at 10 CFR 430.2. In the May
2016 NOPR, DOE proposed to clarify
these definitions for commercial water
heaters by adding the input capacity
criteria that distinguish between
consumer and commercial water heaters
for each energy source, as specified in
EPCA’s definition for consumer water
heater (42 U.S.C. 6291(27)). 81 FR
28588, 28637 (May 9, 2016). These
changes are consistent with DOE’s
changes to its definitions for consumer
water heaters, as discussed in section
III.G.1.
In response to the May 2016 NOPR,
Bradford White agreed with DOE’s
proposal to add the input criteria
separating consumer and commercial
water heaters to the definitions for
commercial water heaters. (Bradford
White, No. 21 at pp. 9, 12) Raypak
commented that DOE should establish
an upper limit of 5 million Btu/h in its
definitions for commercial water
heating equipment because of laboratory
testing issues for larger equipment.
Raypak also noted that while hot water
supply boilers are restricted to under
12.5 million Btu/h, no similar
restriction exists for commercial water
heaters. (Raypak, No. 28 at p. 7)
As proposed in the May 2016 NOPR
and for the reasons previously stated, in
this final rule, DOE is clarifying its
definitions for commercial water heaters
by adding the input capacity criteria
that distinguish between consumer and
commercial water heaters for each
energy source, as specified in EPCA’s
definition of consumer water heater. (42
U.S.C. 6291(27))
In response to Raypak’s suggestion
that DOE should establish an upper
input capacity limit in its CWH
equipment definitions, DOE notes that
the statutory definitions of ‘‘storage
water heater’’ and ‘‘instantaneous water
heater’’ at 42 U.S.C. 6311(12)(A) do not
set an upper-end input capacity limit in
terms of coverage of commercial water
heaters, so any large-scale models are
already covered under DOE’s existing
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energy conservation standards. Even so,
DOE was unable to identify any models
of CWH equipment currently on the
market with an input capacity greater
than 5 million Btu/h. In fact, Raypak
noted that the largest input capacity of
any CWH equipment that it
manufactures is only 4 million Btu/h.
(Raypak, No. 28 at p. 6) DOE would only
consider modifying its regulations for
large CWH equipment if there were such
units on the market and if
manufacturers demonstrated that DOE’s
existing test procedures could not be
used for these units. If a manufacturer
does produce a CWH equipment model
with an input capacity greater than 5
million Btu/h that cannot be tested
using DOE’s test procedure, then the
manufacturer should notify DOE and
request a waiver from DOE’s test
procedures using the procedure at 10
CFR 431.401. If a waiver were granted,
DOE would update its test procedure in
the next test procedure rulemaking for
CWH equipment.
DOE currently includes a definition
for ‘‘instantaneous water heater’’ in its
regulations for CWH equipment at 10
CFR 431.102. An instantaneous water
heater is a water heater that has an input
rating not less than 4,000 Btu/h per
gallon of stored water, and that is
industrial equipment, including
products meeting this description that
are designed to heat water to
temperatures of 180 °F or higher.
DOE believes that the last clause of
the definition for ‘‘instantaneous water
heater,’’ which includes units capable of
heating water to temperature at or above
180 °F, does not serve a purpose in the
definition. Without this clause, it would
be assumed that units with this
capability would be included in the
definition because there is no restriction
indicating otherwise. Therefore, to
simplify the definition, DOE is
removing this clause from the definition
for ‘‘instantaneous water heater.’’
Additionally, with DOE’s addition of
input criteria that distinguish between
consumer and commercial water heaters
previously discussed in this section,
DOE believes that the clause ‘‘that is
industrial equipment’’ does not serve to
further clarify the scope of units covered
by this definition. Therefore, in the May
2016 NOPR, DOE proposed to remove
this clause from its definitions for
‘‘instantaneous water heater’’ and
‘‘storage water heater.’’ 81 FR 28588,
28606 (May 9, 2016). In response to the
May 2016 NOPR, Bradford White agreed
with removing the phrase ‘‘that is
industrial equipment.’’ (Bradford White,
No. 21 at p. 9) Bradley Corporation
requested clarification from DOE on the
removal of the phrase ‘‘that is industrial
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equipment’’ from the definition of
instantaneous water heaters, and
whether this phrase is actually in
reference to the statutory definition for
‘‘industrial equipment.’’ (Bradley, NOPR
Public Meeting Transcript, No. 20 at p.
23)
The term ‘‘industrial equipment’’
used in the definitions for
‘‘instantaneous water heater’’ and
‘‘storage water heater’’ at 10 CFR
431.102 does refer to the statutory
definition for ‘‘industrial equipment.’’
(42 U.S.C. 6311(2)(A)) The phrase ‘‘that
is industrial equipment’’ was included
in DOE’s codified definitions for
‘‘instantaneous water heater’’ and
‘‘storage water heater’’ to clarify that
water heaters that are covered by
EPCA’s definition of ‘‘water heater’’
under ‘‘consumer products’’ (see U.S.C.
6291(27)) are not covered by DOE’s
definitions for ‘‘instantaneous water
heater’’ and ‘‘storage water heater’’ in 10
CFR part 431. DOE believes that the
phrase ‘‘that is industrial equipment’’ is
no longer needed in DOE’s definitions
for ‘‘instantaneous water heater’’ and
‘‘storage water heater’’ to clarify that
products regulated as consumer
products are not covered under these
definitions, because DOE is modifying
these definitions to include the specific
input capacity criteria that separate
consumer water heaters and commercial
water heaters, as previously discussed
in this section. The statutory definition
for ‘‘industrial equipment’’ also
includes that equipment be of a type
that is distributed, to any significant
extent, in commerce for commercial or
industrial applications. (42 U.S.C.
6311(2)(A)(ii)) However, EPCA also
defines ‘‘covered equipment’’ to include
any of several types of industrial
equipment, including storage water
heaters, instantaneous water heaters,
and unfired hot water storage tanks. (42
U.S.C. 6311(1)) Therefore, covered
commercial water heating equipment is,
by statutory definition, industrial
equipment. Consequently, DOE believes
that the phrase ‘‘that is industrial
equipment’’ is not needed in DOE’s
codified definitions for ‘‘instantaneous
water heater’’ and ‘‘storage water
heater.’’ Therefore, in this final rule,
DOE is removing this clause from its
definitions for ‘‘instantaneous water
heater’’ and ‘‘storage water heater.’’
In its regulations for CWH equipment
at 10 CFR 431.102, DOE currently
includes a definition for ‘‘packaged
boiler’’ that is identical to that included
for commercial packaged boilers at 10
CFR 431.82. DOE includes this
definition for ‘‘packaged boiler’’ at 10
CFR 431.102 because the regulations for
CWH equipment also include a
definition for ‘‘hot water supply boiler,’’
and this definition specifies that a hot
water supply boiler is a kind of
packaged boiler. To simplify its
regulations and reduce repetition, in the
May 2016 NOPR, DOE proposed to
remove the definition for ‘‘packaged
boiler’’ from its regulations for CWH
equipment at 10 CFR 431.102, to be
replaced with a reference to the
definition for ‘‘packaged boiler’’
included at 10 CFR 431.82. 81 FR
28588, 28606 (May 9, 2016). In response
to the May 2016 NOPR, Bradford White
agreed with removing the definition of
‘‘packaged boiler,’’ as long as this
change is consistent with the
commercial packaged boiler
rulemakings. (Bradford White, No. 21 at
p. 9) DOE notes that replacement of a
duplicated definition with a reference to
the regulations for commercial packaged
boilers inherently aligns DOE’s
regulations for commercial packaged
boilers and CWH equipment, such that
there is no potential for differences
between two versions of the ‘‘packaged
boiler’’ definition. Therefore, DOE is
removing the definition of ‘‘packaged
boiler’’ from its regulations for CWH
equipment at 10 CFR 431.102.
Correspondingly, in its definition of
‘‘hot water supply boiler’’ at 10 CFR
431.102, DOE is replacing the term
‘‘packaged boiler’’ with the term
‘‘packaged boiler (as defined in
§ 431.82).’’
In section III.H of this final rule, DOE
establishes a separate test procedure for
water heaters and hot water supply
boilers that require flow of water to
activate the burner or heating element,
and establishes a definition for ‘‘flowactivated water heater,’’ along with
separate standby loss test provisions for
flow-activated water heaters as set out
in the regulatory text at the end of this
document.
In section III.J of this final rule, DOE
establishes a definition for ‘‘commercial
heat pump water heater,’’ as well as a
test procedure for commercial heat
pump water heaters as set out in the
regulatory text at the end of this
document.
3. Residential-Duty Commercial Water
Heaters
As required by AEMTCA, DOE
established a uniform efficiency
descriptor and accompanying test
method for consumer water heaters and
certain commercial water heaters in the
July 2014 final rule. 79 FR 40542 (July
11, 2014). Specifically, AEMTCA
required that the uniform efficiency
descriptor and test method apply to all
covered water heaters, including both
consumer and commercial water
heaters, except for certain commercial
water heaters that do not have a
residential use, and can be clearly
described and are effectively rated using
the thermal efficiency and standby loss
descriptors. (42 U.S.C. 6295(e)(5)(F)) In
the July 2014 final rule, DOE established
input and volume criteria to distinguish
commercial water heaters that do not
have residential applications, based on
comments from stakeholders. 79 FR
40542, 40586 (July 11, 2014). However,
for four classes of residential-duty
commercial water heaters—electric
storage water heaters, heat pump water
heaters, gas-fired instantaneous water
heaters, and oil-fired instantaneous
water heaters—the input criteria
established to separate residential-duty
commercial water heaters from
commercial water heaters are identical
to those codified at 10 CFR 430.2, which
separate consumer water heaters from
commercial water heaters. The criteria
for these classes are shown in Table III–
1. Because these input criteria are
identical, by definition, no models can
be classified under these four
residential-duty equipment classes.
Therefore, to eliminate potential
confusion, in the May 2016 NOPR, DOE
proposed to remove these classes from
the definition of ‘‘residential-duty
commercial water heater’’ codified at 10
CFR 431.102. 81 FR 28588, 28607 (May
9, 2016).
TABLE III—1 INDICATOR OF NON-RESIDENTIAL APPLICATION FOR CERTAIN CLASSES OF CWH EQUIPMENT
Water heater class
Indicator of non-residential application
Electric storage .........................................................................................
Heat pump with storage ...........................................................................
Rated input >12 kW; Rated storage volume >120 gallons.
Rated input >12 kW; Rated current >24A at a rated voltage of not
greater than 250 V; Rated storage volume >120 gallons.
Rated input >200 kBtu/h; Rated storage volume >2 gallons.
Rated input >210 kBtu/h; Rated storage volume >2 gallons.
Gas-fired instantaneous ...........................................................................
Oil-fired instantaneous ..............................................................................
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In response to the May 2016 NOPR,
several commenters agreed with DOE’s
proposal to revise the definition of
‘‘residential-duty commercial water
heater.’’ (Bradford White, No. 21 at p. 9;
CA IOUs, No. 23 at p. 2; AHRI, No. 26
at p. 13; A.O. Smith, No. 27 at p. 10)
Rheem, however, disagreed, asserting
that there should be a residential-duty
commercial class corresponding to each
equipment class of commercial water
heaters. Rheem argued that only having
residential-duty commercial classes for
certain kinds of water heaters is
arbitrary, and that all classes of
commercial water heaters have units
that are installed in residential
applications. Further, Rheem stated that
it would be extremely costly and
burdensome to implement a heat pump
water heater standard for commercial
water heaters, and that a class for
residential-duty commercial electric
storage water heaters is necessary to
maintain the ability to install electric
storage water heaters using electric
resistance heating elements in certain
commercial applications. Rheem
suggested that the class of residentialduty commercial electric storage water
heaters should include units with an
input capacity less than or equal to 13
kW and a storage volume no greater
than 120 gallons. (Rheem, No. 34 at pp.
13–14)
In response to Rheem, DOE notes that
it did not propose to change any of the
criteria for classifying residential-duty
commercial water heaters in the May
2016 NOPR, only to remove classes for
which no units could be classified given
the existing criteria. Further, the
existing capacity criteria for defining
non-residential application for
commercial water heaters were
established in the July 2014 final rule
based on feedback from stakeholders,
including Rheem. 79 FR 40542, 40545–
40549 (July 11, 2014). Having classes of
residential-duty commercial water
heaters for only certain classes of
commercial water heaters is not
inherently arbitrary, as suggested by
Rheem. Rather, it reflects that for certain
equipment classes of commercial water
heaters (as defined by the statutory
criteria separating consumer water
heaters and commercial water heaters),
commenters in the prior rulemaking
generally agreed that there is no
capacity range in which units are
distributed to residential applications to
a significant extent.
On May 31, 2016, DOE published a
NOPR for amended energy conservation
standards for certain classes of CWH
equipment. 81 FR 34440. For
commercial electric storage water
heaters, DOE only proposed to amend
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the standby loss standard in that NOPR.
Therefore, DOE does not have any
current or proposed energy conservation
standards that would require
commercial electric storage water
heaters to use heat pump technology
instead of electric resistance heating
elements. Consequently, DOE disagrees
with Rheem’s statement that a class of
residential-duty commercial electric
storage water heaters is warranted for
the purpose of excluding a certain group
of commercial water heaters from
coverage under a standard that requires
heat pump technology. Additionally,
DOE notes that Rheem’s suggested input
capacity limit for residential-duty
electric storage water heaters of 13 kW
differs only slightly from the statutory
input capacity criterion separating
consumer water heaters from
commercial water heaters—12 kW. DOE
was only able to identify one electric
storage water heater on the market with
an input capacity both greater than 12
kW and less than or equal to 13 kW.
(Docket No. EERE–2014–BT–TP–0008–
0039) Because this unit, sold by Rheem,
is marketed as a commercial water
heater and included in the same model
line as units with input capacities of 18
kW and 24 kW, DOE believes that this
12.4 kW unit is appropriately classified
as a commercial electric storage water
heater under the statute and DOE is not
at liberty to modify those definitions.
Since all three of these water heaters are
marketed by the manufacturer in the
product literature as commercial electric
storage water heaters, DOE does not see
the basis for differential treatment as
Rheem is suggesting.
Accordingly, in this final rule, as
proposed in the May 2016 NOPR, DOE
is removing four classes of residentialduty commercial water heaters—electric
storage water heaters, heat pump water
heaters, gas-fired instantaneous water
heaters, and oil-fired instantaneous
water heaters—from the definition of
‘‘residential-duty commercial water
heater’’ codified at 10 CFR 431.102.
4. Storage-Type Instantaneous Water
Heaters
The definitions of ‘‘instantaneous
water heater’’ and ‘‘hot water supply
boiler’’ set forth in 10 CFR 431.102
include CWH equipment with an input
rating of at least 4,000 Btu/h per gallon
of stored water. These definitions,
therefore, include both instantaneous
water heaters and hot water supply
boilers without integral storage tanks, as
well as instantaneous water heaters with
integral storage tanks (but with at least
4,000 Btu/h of input per gallon of stored
water). DOE believes these two groups
of equipment—water heaters with and
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without integral storage tanks—are
fundamentally different in their
construction and application, and have
different energy losses that need to be
accounted for during efficiency testing.
Consequently, DOE believes that
instantaneous water heaters with an
integral storage tank (‘‘storage-type
instantaneous water heaters’’) should be
tested in a manner similar to
commercial storage water heaters.
Therefore, in the May 2016 NOPR, DOE
proposed to define ‘‘storage-type
instantaneous water heater,’’ and to
require that storage-type instantaneous
water heaters be tested using the same
test procedure as used for commercial
storage water heaters. 81 FR 28588,
28607 (May 9, 2016). Specifically, DOE
proposed to define ‘‘storage-type
instantaneous water heater’’ as an
instantaneous water heater that includes
a storage tank with a submerged heat
exchanger(s) or heating element(s).
In response to the May 2016 NOPR,
NEEA and Joint Advocates agreed that
storage-type instantaneous water heaters
should be tested in a similar manner to
storage water heaters. (NEEA, No. 30 at
p. 1; Joint Advocates, No. 32 at p. 2)
NEEA also agreed with DOE’s proposed
definition for ‘‘storage-type
instantaneous water heater.’’ (NEEA,
No. 30 at p. 1) Bradford White and A.O.
Smith stated that a definition and
equipment class for storage-type
instantaneous water heaters are
unnecessary. (Bradford White, No. 21 at
p. 9; A.O. Smith, NOPR Public Meeting
Transcript, No. 20 at p. 17) A.O. Smith
also stated that storage-type
instantaneous water heaters have always
been tested like storage water heaters.
(A. O. Smith, NOPR Public Meeting
Transcript, No. 20 at p. 17) Several
commenters stated that the definition of
‘‘storage-type instantaneous water
heater’’ should not include a submerged
heat exchanger or heating element
because there are models on the market
without a submerged heat exchanger
that should be included in this class.
(Bradford White, No. 21 at p. 12; AHRI,
No. 26 at p. 13; A.O. Smith, No. 27 at
p. 11; Raypak, No. 28 at p. 7; Rheem,
No. 34 at p. 14)
While DOE’s existing test procedures
do not distinguish between storage
water heaters and instantaneous water
heaters, in this final rule, DOE is
separating its test procedures for storage
water heaters and instantaneous water
heaters. Therefore, DOE disagrees with
Bradford White and A.O. Smith, and
believes a clarification of which test
procedure to use for testing storage-type
instantaneous water heaters and a
definition for classifying storage-type
instantaneous water heaters are
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warranted so as to eliminate any
ambiguity.
After further assessment of tank-type
water heaters currently on the market,
DOE agrees with commenters that its
proposed definition of ‘‘storage-type
instantaneous water heater’’ excludes
certain kinds of water heaters that
should be included in this class.
Specifically, the proposed requirement
that a storage-type instantaneous water
heater contain a submerged heat
exchanger or heating element excludes
units such as those with a water-tube
heat exchanger located outside the tank,
or models comprising a storage tank and
a tankless water heater mounted to the
side of the tank. Therefore, DOE is not
including this specification for a
submerged heat exchanger or heating
element in the definition for ‘‘storagetype instantaneous water heater’’
established in this final rule.
In the absence of a specification for a
submerged heat exchanger or heating
element, DOE believes that the
definition of ‘‘storage-type
instantaneous water heater’’ needs an
alternative specification to distinguish
between tank-type water heaters and
instantaneous-type water heaters that
include a small holding tank (e.g., 1–2
gallons). Both of these categories of
water heaters would meet a definition
that specifies only that a storage-type
instantaneous water heater includes a
tank. DOE believes that a storage
volume of ten gallons effectively
separates these two categories of water
heaters, and this criterion aligns with
DOE’s current energy conservation
standards, which include a standby loss
standard for instantaneous water heaters
with a storage volume greater than or
equal to ten gallons.
Accordingly, in this final rule, DOE is
adopting test procedures in the
regulatory text at the end of this
document that require testing of storage
water heaters and storage-type
instantaneous water heaters using the
same procedures. DOE is also defining
‘‘storage-type instantaneous water
heater’’ as an instantaneous water heater
including a storage tank with a storage
volume of ten gallons or greater.
H. Standby Loss Test for Instantaneous
Water Heaters and Hot Water Supply
Boilers
The current Federal standby loss test
method for CWH equipment
incorporates by reference Exhibit G.2 of
ANSI Z21.10.3–2011 for determining
the standby loss of instantaneous water
heaters and hot water supply boilers
with greater than 10 gallons of storage
volume. 10 CFR 431.110. This test
method assumes that the water heater
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would automatically initiate the next
firing cycle when the internal water
temperature (measured using the
internal tank thermostat) falls below its
allowable minimum value. This control
system operation applies to some CWH
equipment, but is not applicable to
certain instantaneous water heaters and
hot water supply boilers that require
continuous water flow through the heat
exchanger in order to activate the next
firing cycle. Accordingly, in the May
2016 NOPR, DOE proposed a separate
test method for ‘‘flow-activated
instantaneous water heaters,’’ which
DOE proposed to define as an
instantaneous water heater or hot water
supply boiler that does not activate the
burner or heating element if no heated
water is drawn from the unit. 81 FR
28588, 28607–28613 (May 9, 2016).
DOE’s proposed test method and the
method adopted in this final rule are
discussed in further detail in section
III.H.3.
In addition to the proposed test
procedure for flow-activated
instantaneous water heaters, DOE also
proposed in the May 2016 NOPR to
update the standby loss test procedure
for instantaneous water heaters and hot
water supply boilers (other than flowactivated instantaneous water heaters
and storage-type instantaneous water
heaters). The existing Federal standby
loss test procedure requires the
measurement of the mean tank
temperature to calculate the standby
loss. Instantaneous water heaters and
hot water supply boilers (other than
storage-type instantaneous water
heaters) are not equipped with an
integral storage tank, and instead, most
of the stored water is within the heat
exchanger. Therefore, obtaining a
measurement for the mean tank
temperature would not be possible for
such units, because heat exchanger
geometry generally prevents an accurate
internal stored water measurement that
would be comparable to a mean tank
temperature in tank-type models. DOE
notes that the mean tank temperature for
storage and storage-type instantaneous
water heaters represents the hot water
stored in the heat exchanger and that is
subject to heat loss during the standby
loss test. However, unlike storage water
heaters and storage-type instantaneous
water heaters, instantaneous water
heaters and hot water supply boilers
generally have water-tube heat
exchangers 14 and do not store water at
a uniform temperature inside the heat
14 By water-tube heat exchangers, DOE refers to a
heat exchanger where water flows inside heat
exchanger tubes and is heated by a source of energy
external to the tubes.
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exchanger. Consequently, DOE
proposed in the May 2016 NOPR to use
the outlet water temperature as an
approximation for the stored water
temperature (instead of the mean tank
temperature as required by Annex E.2 of
ANSI Z21.10.3–2015, the latest industry
test method). 81 FR 28588, 28615–28617
(May 9, 2016). In the May 2016 NOPR,
DOE also proposed a storage volume
determination test for all instantaneous
water heaters and hot water supply
boilers (including flow-activated
instantaneous water heaters), similar to
the method specified in section 5.27 of
ANSI Z21.10.3–2015. 81 FR 28588,
28612 (May 9, 2016).
The following sections discuss the
comments received in response to each
of these proposals.
1. Definition of Flow-Activated
Instantaneous Water Heater
As noted previously, in the May 2016
NOPR, DOE proposed to define ‘‘flowactivated instantaneous water heater’’ as
an instantaneous water heater or hot
water supply boiler that does not
activate the burner or heating element if
no heated water is drawn from the unit.
81 FR 28588, 28608 (May 9, 2016).
In response, NEEA and Bradley
supported DOE’s proposed definition
for ‘‘flow-activated instantaneous water
heater.’’ NEEA stated that the definition
would allow such equipment to have a
better delineation of efficiency. Bradley
agreed that the proposed definition
captures the types of water heaters that
exist on the market. (NEEA, No. 30 at p.
1; Bradley, No. 33 at p. 1) A.O. Smith
suggested that the proposed definition
for flow-activated instantaneous water
heater is not necessary and may cause
confusion. (A.O. Smith, No. 27 at p. 11)
Rheem suggested amending the
definition of flow-activated
instantaneous water heaters such that it
does not include double-negative
wording, and recommended defining
‘‘flow-activated instantaneous water
heater’’ as a unit that activate the burner
or heating element when water is drawn
from the unit. Rheem also stated that,
provided that the proposed definition is
simplified, it encompasses all designs
and models for which a separate
standby loss test is warranted and
would not inadvertently include models
that do not need a separate standby loss
test procedure from other CWH
equipment. (Rheem, No. 34 at p. 15)
DOE disagrees with A.O. Smith’s
assertion that the definition could be
unnecessary and cause confusion. On
the contrary, DOE believes that adopting
a definition for flow-activated water
heaters will clarify the models for which
the test procedure for flow-activated
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instantaneous water heaters is
applicable. DOE considered the
comments submitted by Rheem with
regard to the language used in the
proposed definition for ‘‘flow-activated
instantaneous water heater.’’ DOE notes
that the purpose of the proposed
definition is to carve out water heaters
that will activate the burner or heating
elements only if hot water is drawn
from the unit. Rheem’s recommended
wording would include any models that
activate the burner or heating element
when water is drawn from the unit,
which could include some water heaters
that are both flow-activated and
thermostatically-activated. DOE notes
that Rheem’s suggestion changes the
meaning of the proposed text; to achieve
the same meaning as DOE’s proposal
would require the addition of ‘‘only’’
(i.e., those water heaters where the
burner or heating element activates only
when water is drawn from the unit).
Therefore, DOE adopts Rheem’s
suggestion to remove the double
negative from the definition, and
defines flow-activated water heaters as
those that will only activate the burner
or heating element if water is drawn
from the unit.
2. Storage Volume Determination for
Instantaneous Water Heaters and Hot
Water Supply Boilers (Excluding
Storage-Type Instantaneous Water
Heaters)
The existing Federal standby loss test
procedure for CWH equipment
references Exhibit G.2 of ANSI
Z21.10.3–2011, which in turn references
section 2.26 of that standard to measure
the storage volume of the water heater.
The test method in 2.26 of ANSI
Z21.10.3–2011 (renumbered to 5.27 of
ANSI Z21.10.3–2015, the most recent
version of the standard) is a weightbased method that requires the water
heater to be weighed empty and then
completely filled with water and
weighed again. The total storage volume
in the water heater is calculated using
the difference in the weight of the water
heater when full and empty. The 2015
version of ANSI Z21.10.3 includes a test
method for measuring storage volume
for tube-type water heaters in section
5.28. DOE reviewed this section and
noticed that it does not provide a
specific method to conduct the test and
instead only states that the ‘‘volume of
water contained within the water heater
shall be determined.’’ In the May 2016
NOPR, DOE declined to propose
adoption of section 5.28, noting that it
would leave the decision of the
appropriate method (e.g., direct
measurement, calculation) to individual
manufacturers or testing agencies, who
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may choose different methods for
determining the storage volume, which
could produce inconsistent results.
Rather, DOE proposed to continue using
a weight-based test method to measure
the storage volume of all instantaneous
water heaters and hot water supply
boilers excluding storage-type
instantaneous water heaters. 81 FR
28588, 28607–28613 (May 9, 2016)
In response to this issue, AHRI, A.O.
Smith, Bradley, Bradford White, and
Rheem opposed DOE’s proposal to
require use of a test method similar to
section 5.27 of ANSI Z21.10.3–2015
(i.e., a weight-based method), to
measure the storage volume of
instantaneous water heaters and hot
water supply boilers (other than storagetype instantaneous water heaters).
Specifically, AHRI and Bradley
commented that they do not agree with
the proposed test method because it is
limited to the weight-based test method
to determine the volume. Both
commenters also stated that the
determination of volume is critical only
to determine whether the unit is subject
to standby loss standards, and that
many models currently have their stored
water volume determined using
calculations based on physical
dimensions of water-containing parts.
Both commenters argued that the
alternative method of calculating the
stored water volume based on physical
dimensions eliminates the concern of
residual water encountered in the
weight-based test. Furthermore, the
commenters stated that this method is
useful in all cases except those with a
calculated result that is approximately
10 gallons. (AHRI, No. 26 at p. 14;
Bradley, No. 33 at pp. 3–4) A.O. Smith
commented that DOE should accept the
rated volume for appliances and allow
volume determination other than
through a weight-based method for
small water heaters, and recommended
using section 5.28 of ANSI Z21.10.3–
2015 to measure the storage volume.
A.O. Smith and Bradford White argued
that many manufacturers purchase heat
exchangers which will have residual
water left over from hydrostatic testing.
A.O. Smith stated that many water
heaters have water passageways that do
not allow the removal of water, and that
such water heaters are filled for leak and
operational testing before shipment.
Therefore, manufacturers will never be
able to test a completely dry water
heater, thereby leading to inaccuracies
in the measurement of the storage
volume and standby loss. (A.O. Smith,
No. 27 at p. 12; Bradford White, No. 21
at p. 10) A.O. Smith further argued that
allowing the use of section 5.28 of ANSI
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Z21.10.3–2015 would not prohibit
independent test laboratories from using
a weight-based test method when no
suitable alternative is available, and that
manufacturers would be able to use
more accurate test methods such as
solid modeling and calculation-based
methods. (A.O. Smith, No. 27 at p. 12)
Bradford White suggested that DOE
could include a weight-based test
procedure for determining storage
volume, but that it must include steps
that include supplying pressurized air
and tipping the product in different
directions to assist the removal of
residual water. However, Bradford
White added that even with these
measures, not all the water would be
removed. (Bradford White, No. 21 at p.
10) Similarly, Rheem stated that due to
hydrostatic testing, the water heater can
never be emptied completely, so the dry
weight can never be achieved. Rheem
added that there are different methods
of measuring volume of CWH
equipment allowed by ANSI that
include mathematical calculations and
software modeling. Rheem
recommended that DOE allow
theoretical methods to determine water
volume or that DOE set tolerances to
account for residual water. (Rheem, No.
34 at p. 15)
DOE generally agrees with the
concerns raised by the manufacturers. In
particular, DOE is concerned that the
weight-based test method specified in
section 5.27 of ANSI Z21.10.3–2015
could lead to inaccurate representation
of the storage volume due to the
presence of residual water in the heat
exchanger. Therefore, in this final rule,
DOE is adopting provisions to allow for
the determination of stored water
volume based on calculations of the
physical dimensions or design drawings
(including computer-aided design
(CAD) drawings) of the water-containing
parts for instantaneous water heaters
and hot water supply boilers. Despite
the concerns with establishing a specific
test method to determine the storage
volume of instantaneous water heaters
and hot water supply boilers, DOE notes
that it must specify a test method that
can be used to classify a basic model in
the appropriate equipment class and to
determine the applicable standard. DOE
does not agree with AHRI’s comment
that the determination of storage volume
is only necessary to determine whether
the water heater is subject to standby
loss standards (i.e., whether it has a
storage volume greater than or equal to
10 gallons). DOE notes that the
measured storage volume is also
required in the equations used to
calculate the standby loss of CWH
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equipment. Therefore, DOE cannot leave
the storage volume determination to the
discretion of the manufacturer or
testing/certifying agency. To address
this issue, DOE has decided to adopt
two test methods, either of which may
be used to determine the storage volume
of instantaneous water heaters and hot
water supply boilers. Specifically, DOE
has decided to allow for use of the
weight-based test method (similar to
section 5.27 of ANSI Z21.10.3–2015) as
proposed in the May 2016 NOPR as one
option, and to also permit the use of
calculations for determining the stored
water volume based on the physical
dimensions or design drawings
(including CAD drawings) of watercontaining parts. DOE believes that
these changes are generally consistent
with the approaches used in ANSI
Z21.10.3–2015, as discussed
immediately above.
Along with changes in the test
method, DOE is also making a
corresponding amendment to its
certification requirements for CWH
equipment at 10 CFR 429.44, to require
the certification of the method used to
determine the storage volume of an
instantaneous water heater or hot water
supply boiler. DOE is also updating 10
CFR 429.72 with provisions to permit
the use of physical dimensions
(including design drawing and/or CAD
models) to determine the storage
volume based on calculations. In
addition, DOE is requiring the retention
of supplemental documents, including
any design drawings and/or computer
models, as well as documentation of the
calculations performed to determine the
water-carrying parts inside the water
heater for any water heater models
where the storage volume is determined
based on calculations.
3. Standby Loss Test Procedures for
Instantaneous Water Heaters and Hot
Water Supply Boilers (Other Than
Storage-Type Instantaneous Water
Heaters)
DOE proposed two separate standby
loss test procedures in the May 2016
NOPR—one for flow-activated
instantaneous water heaters, and one for
instantaneous water heaters and hot
water supply boilers (other than flowactivated instantaneous water heaters
and storage-type instantaneous water
heaters). 81 FR 28588, 28607–28615
(May 9, 2016). The following sections
describe the comments received in
response to the proposed standby loss
test methods, along with DOE’s
response.
DOE’s proposed test method in the
May 2016 NOPR would include the
electricity consumed by the pump in the
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recirculating loop, if applicable,
consistent with ANSI Z21.10.3–2015. In
response to this proposal, Bradford
White disagreed with including the
electricity consumed by the pump in the
recirculating loop (if used) in
calculating the thermal efficiency of
CWH equipment, stating that the
recirculating loop would not be used in
the field, and, thus, the pump energy
should not be considered. (Bradford
White, No. 21 at p. 11) DOE notes,
however, that paragraph h.2 of Exhibit
G.1 of ANSI Z21.10.3–2011 (currently
incorporated by reference into DOE’s
test procedures) and Annex E.1 of ANSI
Z21.10.3–2015 (the most recent update
of the industry standard) require the
measurement of the quantity of
electricity consumed by the water heater
components and the recirculating pump
for conducting the thermal efficiency
test. In this final rule, DOE is not
promulgating a different set of
requirements, instead DOE is only
retaining the provisions that already
exist in the current test procedure for
electricity consumed by the
recirculating loop. Therefore, DOE does
not agree with Bradford White’s
suggestion that the energy used by the
recirculating pump should not be
measured for any type of water heater
because this is part of the industry
recognized test procedure in ANSI
Z21.10.3.
a. Applicability of the Test Method
AHRI, A.O. Smith, and Rheem
commented that the proposed test
procedure for instantaneous water
heaters and hot water supply boilers
other than flow-activated instantaneous
water heaters will not work for models
that the test procedure intends to cover.
(AHRI, No. 26 at p. 11; A.O. Smith, No.
27 at p. 14; Rheem, No. 34 at p. 17)
AHRI and Rheem stated that many
models, although not flow-activated,
will act like a flow-activated
instantaneous water heater during the
standby loss test for which there will be
no cut-in and subsequent cut-out. AHRI
and Rheem recommended that the test
procedure proposed for flow-activated
instantaneous water heaters apply to all
instantaneous water heaters and hot
water supply boilers (other than storagetype instantaneous water heaters).
(AHRI, No. 26 at p. 11; Rheem, No. 34
at p. 17) A.O. Smith stated that
circulating instantaneous water heaters
are primarily operated based on a
remote temperature sensor, which is not
mentioned in DOE’s test method and is
presumed to be left in a state that would
require the burner to fire continuously.
(A.O. Smith, No. 27 at p. 14) Raypak
commented that the equation presented
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in the NOPR for the standby loss test
procedure for instantaneous water
heaters and hot water supply boilers can
result in negative standby loss values if
the unit does not fire at any point
during the standby loss test. (Raypak,
No. 28 at p. 3) Lochinvar sought
feedback on how the test method would
work for instantaneous water heaters
that do not have an internal call for
heating. Specifically, Lochinvar stated
that instantaneous water heaters that do
not have a call for heating internally
require an outside thermostat or
aquastat to provide a call for heating,
and that for such water heaters, there
will be no second call for heating to end
the test based on the proposal in the
May 2016 NOPR. (Lochinvar, Public
Meeting Transcript, No. 20 at p. 97)
DOE also received several comments
that related only to the proposed test
procedure for flow-activated
instantaneous water heaters. A.O. Smith
commented that the proposed test
procedure for flow-activated
instantaneous water heaters is not
necessary and may cause confusion.
A.O. Smith suggested that the test
methods for all instantaneous water
heaters and hot water supply boilers
must be consistent, adding that demandbased controls and lack of a storage tank
makes the traditional standby loss test
impossible to use. To address this issue,
A.O. Smith suggested a standby loss test
that incorporates demand-based
operation and measures inlet and outlet
temperature, and stated that, if DOE
does not accept the test procedure in
ANSI Z21.10.3–2015, then the test
procedure proposed for flow-activated
instantaneous water heaters should be
applied to all instantaneous water
heaters and hot water supply boilers.
A.O. Smith added that a common
thermal efficiency and standby loss test
should be used for both the flowactivated instantaneous water heaters
and temperature-activated
instantaneous water heaters to ensure a
level playing field, and that no special
arrangements are required for flowactivated instantaneous water heaters.
(A.O. Smith, No. 27 at pp. 11–12 and
15) Rheem supported the proposal to
base the test procedure for flowactivated instantaneous water heaters on
the second part of the 2016 AHRIrecommended test method with some
modifications. (Rheem, No. 34 at p. 16)
Conversely, Bradley commented that it
does not support basing the flowactivated instantaneous water heater
standby loss test method on the second
part of the 2016 AHRI-recommended
test method; instead, it recommended
using an alternative test method
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described in its comments. (Bradley, No.
33 at p. 4)
Based on the comments, it appears
that instantaneous water heaters and hot
water supply boilers can be categorized
into three major categories based on the
kind of feedback-control operation used:
(1) Thermostatically-activated based on
an internal call for heating (internallyactivated instantaneous water heaters);
(2) thermostatically-activated based on
an external call for heating; and (3)
flow-activated based on an external call
for heating. As discussed previously, in
the May 2016 NOPR, DOE proposed
separate standby loss test procedures for
flow-activated instantaneous water
heaters (81 FR 28588, 28607–28613
(May 9, 2016)) and for instantaneous
water heaters (excluding storage-type
instantaneous water heaters) that are not
flow-activated (81 FR 28588, 28615–
28617 (May 9, 2016)). The standby loss
test procedure proposed for
instantaneous water heaters and hot
water supply boilers that are not flowactivated only addressed units that are
thermostatically-activated by an internal
call for heating (or demand) and did not
address units that are thermostaticallyactivated by an external call for heating.
DOE agrees that the test procedure
proposed for instantaneous water
heaters and hot water supply boilers
(other than storage-type instantaneous
water heaters) that are not flowactivated, as proposed in the May 2016
NOPR, would not work for units that are
thermostatically-activated based on an
external call for heating. DOE
understands that, for field applications
of units that are activated by an external
demand, the thermostat is typically
placed in a remote location, such as in
an unfired hot water storage tank, and
is activated when the water in the tank
cools down below the set point. In the
context of the proposed standby loss
test, unless the external control provides
a call for heating (such a call for heating
is not specified in either the existing or
proposed standby loss test), the unit
under test would not activate the burner
or heating element during the standby
loss test. Thus, the standby loss test
proposed for instantaneous water
heaters and hot water supply boilers
(other than flow-activated instantaneous
water heaters) would not be applicable
to instantaneous water heaters that are
thermostatically-activated by an
external demand, because these units
would not experience a call for heating,
and therefore the burner or heating
element(s) would not activate during the
test. The test method for determining
the standby loss of flow-activated
instantaneous water heaters was
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designed to address units where the
burner or heating element(s) may not
activate during the test. Considering the
comments received from the
stakeholders, DOE agrees that the
standby loss test procedure proposed for
flow-activated instantaneous water
heaters in the May 2016 NOPR can be
used for externally thermostaticallyactivated instantaneous water heaters,
as neither of these types of water heater
would cut-in (i.e., have the heating
element or burner turn on) during the
standby loss test. Therefore, DOE is
making the test method adopted in this
final rule for flow-activated
instantaneous water heaters apply to
externally thermostatically-activated
instantaneous water heaters as well.
To address operational characteristics
of externally thermostatically-activated
instantaneous water heaters, the
proposed standby loss test procedure in
the May 2016 NOPR for flow-activated
instantaneous water heaters must be
modified slightly. These amendments
include: (1) Adding provisions that
require either removing the external call
for heating, or turning off the fuel
supply to the burners or electricity
supply to the heating element (as
applicable) after the steady-state
conditions as specified in section III.F.1
are achieved prior to initiating the
standby loss test; and (2) removing the
fuel consumption terms from the
equation to calculate the standby loss.
Adopting the provisions to remove the
external call for heating or turn off the
fuel and electricity will ensure that
there will be no fuel consumption (or
electricity consumption for the purpose
of heating water) during the course of
the standby loss test. Therefore, the
equations would not require the fuel
consumption terms in the calculation
for standby loss.
To simplify the regulatory text, DOE
has decided to include all test
procedures related to gas-fired and oilfired instantaneous water heaters and
hot water supply boilers under one
appendix (i.e., appendix C to subpart G
of part 431). This differs from the
approach proposed in the May 2016
NOPR, which would have provided a
separate appendix for gas-fired and oilfired instantaneous water heaters and
hot water supply boilers other than
flow-activated instantaneous water
heaters (proposed appendix C) and
flow-activated instantaneous water
heaters (proposed appendix E). Within
appendix C adopted in this final rule,
the thermal efficiency test and the steps
prior to starting the standby loss test
(e.g., for verifying steady-state
conditions) are common to all gas-fired
and oil-fired instantaneous water
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heaters and hot water supply boilers.
The standby loss tests for (1)
thermostatically-activated instantaneous
water heaters with internal thermostat;
and (2) thermostatically-activated
instantaneous water heaters with
external thermostat and flow-activated
instantaneous water heaters are
described separately in the regulatory
text.
In the May 2016 NOPR, DOE also
proposed standby loss test procedures
for electric instantaneous water heaters
(contained in proposed appendix D) and
electric flow-activated instantaneous
water heaters (contained in proposed
appendix E). 81 FR 28588, 28649–28650
(May 9, 2016). In this final rule, DOE
has decided to include the standby loss
test procedures for all electric
instantaneous water heaters in appendix
D to subpart G of part 431. Similar to the
structure in appendix C, the steps in the
standby loss test procedure prior to
initiating the measurements for the
standby loss test are the same for all
electric instantaneous water heaters.
The steps describing the conduct of the
standby loss test are different for
internally thermostatically-activated
electric instantaneous water heaters and
those that are either externally
thermostatically-activated or flowactivated.
b. Applicability to Models With Less
Than 10 Gallons of Stored Water
Volume
In the May 2016 NOPR, DOE
proposed standby loss test procedures
for all gas-fired, oil-fired, and electric
instantaneous water heaters and did not
limit the use of the test procedure to less
than 10 gallons of rated storage volume.
81 FR 28588, 28607, 28615 (May 9,
2016).
In response, Bradford White stated
that it agrees with adopting a standby
loss test applicable to units with rated
storage volume less than 10 gallons,
only if compliance with maximum
standby loss standards is not required
for such units. (Bradford White, No. 21
at p. 11) Bradley stated that flowactivated instantaneous water heaters
having capacity less than 10 gallons
contain little thermal energy, and that
developing a test procedure for such
units is unnecessary. According to
Bradley, the thermal energy loss of their
electric-instantaneous flow-activated
models with less than 10 gallons of
storage capacity is less than 600 Btu/h
(157 Watts). Bradley stated that these
units will not function effectively unless
water in the unit is minimized and that
typically these units contain small
volumes—often less than two gallons of
water. Bradley argued that, due to low
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volumes, the units have a very limited
amount of stored energy, and suggested
that DOE should simplify the test
method based on an assumption that the
temperature of the water stored in the
unit will drop to the ambient
temperature within a one-hour time
period. Bradley further stated that due
to the nature of its water heaters, the
burden to test them for standby loss
would be high, while not resulting in
any meaningful energy savings, but that
its suggested clarifications and
simplifications to the test procedure
would help in reducing the burden.
(Bradley, No. 33 at pp. 1–3)
In response to these comments, DOE
notes that the current maximum standby
loss standards for instantaneous water
heaters are only applicable to gas-fired
and oil-fired instantaneous water heater
models with rated storage volume
greater than or equal to 10 gallons. 10
CFR 431.110. Therefore, manufacturers
are currently not required to test and
certify their instantaneous water heaters
and hot water supply boilers for standby
loss, if the model has a rated storage
volume less than 10 gallons. DOE
further notes that in the NOPR for
energy conservation standards for CWH
equipment that was published in the
Federal Register on May 31, 2016, DOE
did not propose to prescribe standby
loss standards for electric instantaneous
water heaters and gas-fired and oil-fired
instantaneous water heaters with rated
storage volume less than 10 gallons. 81
FR 34440. Although in this test
procedure final rule, DOE is prescribing
a test procedure that could be used to
test all instantaneous water heaters for
standby loss, manufacturers are not
required to test and certify units that are
not subject to energy conservation
standards. However, if a manufacturer
chooses to make representations for
standby loss for an instantaneous water
heater or hot water supply boiler with
a rated storage volume less than 10
gallons, then it must do so using DOE’s
test procedures specified in Appendix C
or Appendix D to subpart G of part 431
(as applicable). In this final rule, DOE is
adopting standby loss test procedures
for all gas-fired, oil-fired, and electric
instantaneous water heaters without
limiting its applicability based on rated
storage volume.
DOE also considered the simplified
test method suggested by Bradley in its
comments. The test procedure suggested
by Bradley restricts the time period of
the standby loss test to one hour and
removes the electricity consumption
terms from the standby loss equation.
DOE addressed similar issues related to
the test duration in the May 2016 TP
NOPR, in which it discussed the
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disadvantages of having a set time
duration to conduct the standby loss
test. 81 FR 28588, 28611 (May 9, 2016)
As discussed in the May 2016 NOPR,
the standby mode operation of flowactivated instantaneous water heaters
resembles a complete cool-down test
where the main burner or heating
element does not activate at any point
during the test. Simply assuming that
the water heater loses all stored thermal
energy over a one-hour period ignores
the fact that the rate of heat loss is
dependent on the insulation and design
of the water heater itself, and models
with different insulation thicknesses
and heat exchanger designs will lose
heat at different rates. 81 FR 28588,
28611 (May 9, 2016). Accordingly, if the
duration of the test were set to one hour,
this could lead to an inaccurate
comparison of the standby loss between
two water heaters that lose heat at
different rates because some water
heaters may reach ambient temperature
much more quickly than that and others
much more slowly. For example, a
water heater that cools to ambient
temperature in 5 minutes would have
the same standby loss rating as a water
heater that reaches ambient in a period
of 50 minutes. In addition to yielding
the same standby loss for two models
that would otherwise have significantly
different standby loss ratings, the
assumption would likely understate the
standby loss by assuming the loss
occurs over the full duration of an hour,
rather than the actual amount of time it
takes for the thermal energy to be lost,
which according to Bradley is generally
less than an hour. The suggested
simplified test method also does not
account for electrical consumption
during the course of the test. The
electrical consumption during the
standby loss test is mainly due to
electricity provided to keep the controls
and non-water-heating functions
running during the standby loss test.
This electricity consumption is also
accounted for in the current standby
loss equations in the test procedures in
Exhibit G.2 of ANSI Z21.10.3–2011,
incorporated by reference as DOE’s
standby loss test procedure for storage
and instantaneous water heaters and set
forth in 10 CFR 431.106. Therefore, in
this final rule, DOE has decided not to
make changes to its proposed standby
loss equations based on the comments
provided by Bradley.
c. Turning Off Supply and Outlet Water
Valves Simultaneously
The standby loss test procedures for
flow-activated instantaneous water
heaters and all other instantaneous
water heaters and hot water supply
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boilers (except storage-type
instantaneous water heaters) proposed
in the May 2016 NOPR required the
water pump and supply and outlet
water valves to be shut off
simultaneously to start the standby loss
test. 81 FR 28588, 28607, 28615 (May 9,
2016) This proposal was related to
DOE’s tentative decision in the May
2016 NOPR to install the supply water
valve at a distance of 5 inches away
from the water heater in the supply
water connection and the outlet water
valve at a distance of 10 inches away
from the water heater in the outlet water
connection in order to reduce the effect
of heat loss due to mixing with water in
the piping during the standby loss test.
81 FR 28588, 28613–28615 (May 9,
2016). DOE received several comments
on the placement of the supply and
outlet water valves that are discussed
and addressed in section III.I.3 of this
final rule. The following paragraphs
discuss the comments received with
regard to turning off the supply and
outlet water valves simultaneously at
the start of the standby loss test.
AHRI, A.O. Smith, Bradford White,
and Raypak opposed the proposed
requirement that the supply water valve
and outlet water valve (and water
pump) be turned off simultaneously
when initiating the standby loss test for
instantaneous water heaters and hot
water supply boilers. The commenters
stated that the proposed test method
may lead to unsafe operating conditions
and/or may trigger the relief valve to
open if the water heater burner or
elements activate to satisfy a call for
heating during the standby loss test.
AHRI, A.O. Smith, Bradford White,
Raypak, and Rheem recommended that
only the outlet water valve be closed at
the start of the standby loss test and the
supply valve be kept open at all times.
(AHRI, No. 26 at p. 11; A.O. Smith, No.
27 at p. 13; Bradford White, No. 21 at
p. 11; Raypak, No. 28 at p. 3; Rheem,
No. 34 at p. 16) AHRI and Rheem stated
that the outlet valve is sufficient to stop
the flow while allowing thermal
expansion to occur during the test.
(AHRI, No. 26 at p. 11; Rheem, No. 34
at p. 16) Similarly, A.O. Smith
commented that, if there is heat added
to the heat exchanger after the flow is
stopped, there must be an allowance for
thermal expansion of the water. A.O.
Smith added that in the proposed test
procedure, the closing of the supply and
outlet water valves isolates the water
heater, and if the control is set to a call
for heating at all times, the water heater
may continue to fire until the water
temperature reaches the high safety
limit. This could result in the formation
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of superheated steam and blow off the
pressure relief valve. (A.O. Smith, No.
27 at pp. 14–15)
DOE agrees with the comments
received from the stakeholders citing
safety concerns while conducting the
standby loss test as proposed in the May
2016 NOPR. To address this issue, DOE
has decided to remove the requirement
to turn off the supply water valve during
the conduct of the standby loss test.
Instead, the standby loss test procedures
adopted for instantaneous water heaters
and hot water supply boilers only
require turning off the outlet water valve
and the water pump at the start of the
test. DOE has also made several
amendments to its test set-up proposed
in the May 2016 NOPR, including ones
related to the standby loss test
procedure. These amendments and the
related comments are discussed in
section III.I of this final rule.
d. Approximation of Stored Water
Temperature Based on Water
Temperature at the Outlet
As discussed previously, in the May
2016 NOPR DOE tentatively decided to
use the outlet water temperature as an
approximation for the mean tank
temperature to conduct the standby loss
test for flow-activated instantaneous
water heaters and other instantaneous
water heaters (except for storage-type
instantaneous water heaters). 81 FR
28588, 28607, 28615 (May 9, 2016).
In response to this proposal, Raypak
stated that because DOE proposed not to
adopt the test procedures in ANSI
Z21.10.3–2015 for flow-activated
instantaneous water heaters and
instantaneous water heaters and hot
water supply boilers (other than flowactivated instantaneous water heaters
and storage-type instantaneous water
heaters), it does not support the use of
outlet water temperature as a
conservative estimate for the mean tank
temperature. Instead, Raypak
recommended using the average of the
supply and outlet water temperature
(Raypak, No. 28 at p. 4) Raypak also
stated that it supported DOE’s decision
to not use an external tank to measure
the mean tank temperature. (Raypak,
No. 28 at p. 7) Rheem also
recommended that instead of using the
outlet water temperature as an
approximation for the stored water
temperature, DOE use an average of the
inlet and outlet water temperature.
Rheem added that DOE’s proposal is
better suited for gas-fired flow-activated
instantaneous water heaters than for
electric flow-activated instantaneous
water heaters. (Rheem, No. 34, at pp.
16–17) Bradley supported using the
outlet water temperature as an
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approximation for the stored water
temperature, but also reiterated that the
calculation of standby loss for water
heaters with very low volume is
wasteful, burdensome, and unnecessary
(see section III.H.3.b for further
discussion of Bradley’s comment on
standby loss for water heaters with very
low volumes). (Bradley, No. 33 at p. 4)
The Joint Advocates supported DOE’s
determination that outlet water
temperature is an appropriate reference
for the standby loss test (rather than the
mean tank temperature). (Joint
Advocates, No. 32 at p. 2)
A.O. Smith stated that the assumption
that stored water temperature is the key
to standby loss for instantaneous water
heaters does not take into consideration
that: (1) More heat may be stored in the
heat exchanger than the water itself; (2)
there is a non-uniform water
temperature in the heat exchanger
which increases from inlet to outlet; and
(3) gravity circulation may lead to a
decrease in the outlet water temperature
that is not due to the heat loss to the
atmosphere. A.O. Smith suggested using
the average of the inlet and outlet water
temperature to approximate the stored
water temperature. (A.O. Smith, No. 27
at p. 13)
DOE also received several comments
on this issue at the NOPR public
meeting. Bradley stated that for electric
instantaneous water heaters with a 70 °F
inlet and 140 °F outlet, assuming the
outlet water temperature as an
approximation for stored water
temperature would be a large penalty.
However, Bradley also agreed that
inserting temperature probes in the heat
exchanger would be difficult. (Bradley,
Public Meeting Transcript, No. 20 at p.
103) AHRI stated that inserting a
temperature probe inside the heat
exchanger is difficult and suggested that
the outlet water temperature probe be
used as point of reference for the
standby loss test since a temperature
probe is already required for
measurement of the water close to the
outlet of the water heater in the thermal
efficiency test. (AHRI, Public Meeting
Transcript, No. 20 at pp. 104–105)
In the May 2016 NOPR, DOE
considered several options for
estimating the stored water temperature
inside the water heater for developing
the proposed standby loss test
procedure for instantaneous water
heaters and hot water supply boilers. 81
FR 28588, 28616 (May 9, 2016). Among
the options, DOE considered using an
average of the supply and outlet water
temperature as an estimation of the
stored water temperature inside the heat
exchanger. DOE weighed this option
against the option of using the outlet
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water temperature as an approximation
for the stored water temperature inside
the heat exchanger. Ultimately, DOE
proposed to use the outlet water
temperature as an approximation,
because it was included in the industryadopted test method for flow-activated
instantaneous water heaters, specifically
in Annex E.3 of ANSI Z21.10.3–2015.
DOE notes that using the average of the
supply and outlet water temperature as
an estimate for the stored water
temperature is only valid if the water
temperature inside the heat exchanger
has a linear increase in temperature as
it moves from the inlet to the outlet.
Considering the kinds of heat
exchangers that are typically used in
instantaneous water heaters and hot
water supply boilers (e.g., fin-tube,
helical condensing heat exchangers),
DOE does not believe this assumption to
be valid. Instead, DOE expects that the
mass-weighted average temperature of
the water inside the heat exchanger is
likely to be higher than the simple
average of the water temperature
between the supply and the outlet,
because the rate of heat transfer from the
burner to the water decreases as the
water temperature rises in the heat
exchanger. Therefore, as the water
moves through the heat exchanger and
approaches the required outlet water
temperature, it takes longer for its
temperature to rise further, and thus, the
mass-weighted average of the water in
the heat exchanger is higher than the
simple average between supply and
outlet water temperature.
DOE agrees that using the average
between the supply and outlet water
temperature is a simple approach;
however, this method is not sufficiently
accurate to represent the temperature of
water stored in the heat exchanger.
Further, inserting probes deep inside
the heat exchanger to accurately capture
the stored water temperature would
result in a more accurate reading of the
water temperature within the heat
exchanger, but would be significantly
burdensome to achieve and difficult to
ensure consistency in the placement of
the temperature sensor, thereby
decreasing repeatability. Using the
outlet water temperature as an
approximation for the stored water
temperature should be more
representative of the stored water
temperature than using a simple average
between the supply and outlet water
temperature and less burdensome than
inserting probes deep inside the heat
exchanger. After careful consideration
and based on the discussion above, DOE
is not adopting the simple average of the
supply and outlet water temperature as
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an approximation for the stored water
temperature. Instead, the outlet water
temperature serves as an approximation
for the stored water temperature. This is
consistent with the industry test method
specified in Annex E.3 of ANSI
Z21.10.3–2015 and provides for a
conservative test result where a large
amount of uncertainty exists in
estimating the stored water temperature
in the heat exchanger.
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e. Pump Purge
The proposed standby loss test
procedure for instantaneous water
heaters and hot water supply boilers
(including the proposed test procedure
for flow-activated instantaneous water
heaters) in the May 2016 NOPR would
require the test to be initiated
immediately after turning off the supply
and outlet water valves and water
pump. 81 FR 28588, 28613 (May 9
2016).
DOE received several comments from
stakeholders opposing a requirement to
start the test immediately following the
close of the supply and outlet water
valves and the water pump.
Specifically, Raypak argued that the
proposed test procedure for
instantaneous water heaters and hot
water supply boilers does not take into
consideration pump purge
functionality,15 and there are several
models on the market that include such
functionality. Raypak recommended
that the standby loss test be started only
after the pump purge period has ended.
(Raypak, No. 28 at pp. 3,4,7; Raypak,
Public Meeting Transcript, No. 20 at p.
90) Rheem stated that post-purge
operation of the water heater needs to be
addressed in the test procedure because
the functionality is used to reduce
standby loss by removing residual heat
from the water heater. (Rheem, No. 34
at p. 16) AHRI stated that some models
use pump purge to remove heat from a
water heater that is used to service the
hot water system, so the standby loss
test should not start until the pump
purge operation is complete. (AHRI, No.
26 at p. 12) A. O. Smith stated that
many instantaneous water heaters have
an integral pump with a delay that
continues to circulate water through the
heat exchanger for a limited time (30
seconds to 3 minutes) to move residual
hot water from the heat exchanger to the
storage tank. A. O. Smith recommended
that the outlet water valve and water
pump be turned off after the pump
15 Pump purge functionality allows the water
pump to remain on for a short period after the main
burner cuts out, which purges heated water from
the unit, thereby reducing standby losses.
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delay is complete. (A. O. Smith, No. 27
at p. 13)
DOE agrees with commenters that
pump purge functionality is useful in
removing the hot water stored in the
water heater for use in the system. Thus,
DOE also agrees with the
recommendations from the stakeholders
that the unit should be tested after the
pump purge has ended. To
accommodate pump purge operation,
DOE will require the outlet water valve
to remain open after the burner has
cutout until the water pump has turned
off. Further, DOE will require the loss in
thermal energy recorded during the
standby loss test and represented by the
temperature difference term DT1, to be
measured after the pump purge
operation ends. Specifically, DOE
modifies the definition of the term ‘DT1’
to refer to the heat exchanger outlet
water temperature measured at the end
of pump purge minus the heat
exchanger outlet water temperature
measured at the end of the test.
Therefore, in this final rule DOE
adopts the following updates to the
standby loss test for instantaneous water
heaters and hot water supply boilers
that are equipped with pump purge
functionality: (1) Require the outlet
valve to remain open until the pump
purge operation is complete and then
close the outlet water valve after the
pump shuts down; (2) measure the
thermal energy loss after the pump
purge operation is complete and (3) end
the standby loss test after the pump
purge operation is completed and when
the heat exchanger outlet water
temperature has decreased by 35 °F
from its value measured at the start of
the test (i.e., starting from the point
when the main burner(s) or heating
element(s) cut-out). If, after a pump
purge operation, the outlet water
temperature has dropped by 35 °F or
more, from its value after the burner(s)
or heating element(s) cuts-out, then the
test must be stopped after the pump
purge is complete. All the required
parameters must be recorded for the
entire standby loss test, including the
pump purge operation.
Considering the comments received,
DOE revises the standby loss test
procedure proposed in the May 2016
NOPR for flow-activated instantaneous
water heaters to include additional
provisions that account for pump purge
functionality. DOE adds a requirement
to measure the heat exchanger outlet
water temperature immediately after the
main burner(s) or heating element(s) cut
out and clarifies that the outlet water
valve must be kept open until the water
pump shuts down. After the water
pump shuts down, the outlet water
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valve must be closed and the recording
of all required parameters for the
standby loss test is started. The test is
stopped once the heat exchanger outlet
water temperature decreases by 35 °F
from the temperature measured when
the burner(s) or heating element(s) cutout before the pump purge operation.
DOE has included these modifications
to the test procedure in Appendix C (for
gas-fired and oil-fired equipment) and
Appendix D (for electric equipment) to
subpart G of part 431.
DOE also adopts provisions at 10 CFR
429.44 to require certifying whether the
unit has pump purge functionality.
These amendments are discussed
further in section III.N of this final rule.
f. Temperature Rise Requirement and
End of Test Criteria for Instantaneous
Water Heaters
The proposed standby loss test
procedures for instantaneous water
heaters and hot water supply boilers
(including flow-activated and externally
thermostatically-activated instantaneous
water heaters) would require water to be
supplied at a temperature of 70 °F ± 2
°F; the fuel supply to be at the unit’s full
firing rate; and the water flow rate to be
adjusted to achieve and maintain 70 °F
± 2 °F above the supply water
temperature before achieving steadystate condition prior to the standby loss
test. 81 FR 28588, 28613 (May 9, 2016).
The proposed standby loss test for flowactivated and externally
thermostatically activated instantaneous
water heaters would be stopped once
the outlet water temperature decreases
by 35 °F ± 2 °F Id. at 28612–28613. DOE
received several comments on the
criteria for determining the end of the
test and the requirement to achieve
steady state with a temperature rise of
70 °F ± 2 °F.
With regard to the criteria for
determining the end of the standby loss
test, A. O. Smith stated that the 35 °F
± 2 °F decrease in outlet water
temperature is inappropriate because a
greater proportion of heat is stored in
the mass of the heat exchanger rather
than the water stored in the heat
exchanger, which according to A. O.
Smith is not equal to the outlet water
temperature. A. O. Smith further stated
that internal circulation within the
water heater equalizes the temperature
in the heat exchanger without actually
losing heat to the ambient air. (A. O.
Smith, No. 27 at pp. 12–13). Bradley
supported the 35 °F drop in outlet water
temperature as the criterion for ending
the test, but noted that for water heaters
with small volumes, the decrease in
outlet water temperature will be due to
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internal mixing and not losses to the
ambient air. (Bradley, No. 33 at p. 1–3)
In the May 2016 NOPR, DOE
considered the merits of establishing a
specific temperature decrease criterion
to stop the standby loss test as
compared to a specific time duration. 81
FR 28588, 28611–28612 (May 9, 2016).
In the May 2016 NOPR DOE noted that
setting a specific time criterion ignores
the fact that different water heaters
could lose heat to the ambient air at
different rates. Although DOE
recognizes A. O. Smith’s concerns
regarding heat contained in the heat
exchanger and possible mixing, DOE
notes that the commenter did not
suggest an alternative stopping criterion.
Furthermore, DOE maintains its
conclusion and rationale from the NOPR
that setting a specific time criterion is
not appropriate, and agrees with
Bradley that a 35 °F drop in outlet water
temperature as the criterion for ending
the test is appropriate. Therefore, in this
final rule, DOE has decided to adopt the
proposed stopping criteria: That the
standby loss test for all externally
thermostatically-activated and flowactivated instantaneous water heaters be
stopped when the outlet water
temperature decreases by 35 °F ± 2 °F
(as was proposed in the May 2016
NOPR for flow-activated instantaneous
water heaters).
On the issue of achieving an outlet
water temperature of 70 °F ± 2 °F above
the supply water temperature, Bradley
stated that certain of its water heater
models have physical and tertiary
temperature limit safety devices that
cannot be safely overridden and will not
be able to meet the proposed 140 °F
outlet temperature condition. (Bradley,
No. 33 at p. 4) Rheem and AHRI
commented that certain water heating
technologies cannot achieve the 70 °F
temperature rise to reach the 140 °F
outlet water temperature condition, and
suggested the use of 70 °F temperature
rise or the maximum designed outlet
water temperature, whichever is greater.
(Rheem, No. 34 at p. 16; AHRI, No. 26
at p. 11)
In response, DOE acknowledges the
concerns raised and adopts the changes
suggested by AHRI and Rheem with
regards to instantaneous water heaters
that are unable to achieve the required
outlet water temperature due to in-built
safety mechanisms. In this final rule,
DOE adopts provisions that would allow
such units to be tested using the
maximum outlet water temperature that
the unit is capable of achieving.
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I. Test Set-Up for Commercial
Instantaneous Water Heaters and Hot
Water Supply Boilers
In the May 2016 NOPR, DOE
proposed several amendments to the
current test set-up for commercial
instantaneous water heaters and hot
water supply boilers (including flowactivated instantaneous water heaters).
These proposed amendments include:
(1) Specifying the location for
measuring the outlet water temperature;
(2) specifying the location for placing
the supply and outlet water valves; (3)
adding provisions for commercial
equipment with multiple outlet water
connections; and (4) adding conditions
for using a recirculating loop. 81 FR
28588, 28613–28615 (May 9, 2016). DOE
received several comments from
manufacturers and industry
representatives in response to each
proposed amendment in the test set-up,
which are discussed in detail in the
sections immediately below.
1. Location of Outlet Water Temperature
Measurement
The existing thermal efficiency and
standby loss test methods as described
in ANSI Z21.10.3–2011 and
incorporated by reference into DOE’s
test procedures at 10 CFR 431.107
require commercial instantaneous water
heaters and hot water supply boilers to
be set up in accordance with Figure 2
of ANSI Z21.10.3–2011. Neither Figure
2 nor the text of DOE’s test method,
provide an exact location for measuring
the outlet water temperature. If the
outlet water temperature is measured at
a significant distance away from the
water heater, it could lead to an
inaccurate representation of the outlet
water temperature due to heat loss in
the piping, particularly during the
standby loss test. Thus, to ensure
consistency and repeatability of the test,
in the May 2016 NOPR, DOE proposed
to specify a requirement for the distance
of the outlet temperature sensor from
the water heater jacket. Further, in the
May 2016 NOPR, DOE proposed to use
the outlet water temperature as an
approximation for the temperature of
stored water contained in the heat
exchanger. Therefore, it was important
in the context of the May 2016 NOPR
proposal that the outlet water
temperature be measured as close as
possible to the water heater to minimize
the effect of piping heat losses and to
obtain a more accurate approximation of
the stored water temperature inside the
heat exchanger, while conducting the
standby loss test. Specifically, in the
May 2016 NOPR, DOE proposed that the
tip or junction of the temperature sensor
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be placed at a distance of less than or
equal to 5 inches from the water heater
jacket, at the central axis of the water
pipe, and with a radiation protection
shield. The proposal left the type and
number of temperature-sensing
instruments to the discretion of the
testing operator. 81 FR 28588, 28614
(May 9, 2016).
Bradford White, AHRI, A. O. Smith,
Raypak, Rheem, and Lochinvar
disagreed with DOE’s proposed location
for measuring the outlet water
temperature for both the thermal
efficiency and standby loss tests. The
commenters argued against moving the
outlet water temperature sensor from its
current location, because the current
location includes two elbows in the
outlet water piping connection, before
the outlet water temperature
measurement, which induces turbulent
flow and improves mixing of water in
the pipes, leading to a better
representation of the outlet water
temperature. (Bradford White, No. 21 at
p. 10; AHRI, No. 26 at p. 10–11; A. O.
Smith, No. 27 at p. 14; Raypak, No. 28
at p. 3; Rheem, No. 34 at p. 17;
Lochinvar, Public Meeting Transcript,
No. 20 at p. 87) Bradford White stated
that measuring the outlet water
temperature a significant distance away
from the water heater would not lead to
an inaccurate representation unless the
pipes are poorly insulated. (Bradford
White, No. 21 at p. 10) Raypak
commented that requiring the outlet
water temperature sensor to be within 5
inches of the water heater during the
thermal efficiency test would make the
measurement extremely difficult or
physically impossible, especially for
larger fuel input rates. However, Raypak
suggested that, for the standby loss test,
the outlet water temperature could be
measured at the outlet or possibly inside
the water heater jacket, and
recommended adopting separate test
set-up figures for conducting the
thermal efficiency and standby loss
tests. (Raypak, No. 28 at pp. 3–4)
Bradford White suggested requiring
additional thermocouples to be inserted
into the outlet of the water heater for the
standby loss test. (Bradford White, No.
21 at p. 10) AHRI also suggested adding
another temperature-sensing means, and
suggested that it be installed one-inch
inside the water heater’s outlet to
measure the maximum temperature of
the water in the unit. (AHRI, No. 26 at
p. 11) Raypak stated that as a unit size
increases, it may become increasingly
difficult to add temperature-sensing
means and water valves at the distances
proposed in the May 2016 NOPR, and
recommended that DOE consider
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specifying the locations in terms of pipe
diameters rather than exact distances.
(Public Meeting Transcript, No. 20 at
pp. 86–87)
AHRI recommended that DOE require
an instantaneous water heater to be
tested using the test set up in figures 1,
2 and 3 proposed for storage water
heaters in the May 2016 NOPR (see 81
FR 28588, 28599–28600). (AHRI, No. 26
at p. 10)
Bradley Corporation suggested that
the requirements for test set-up should
include the phrase ‘‘water heater jacket
or enclosure,’’ to specify the location for
measuring ambient room temperature,
test air temperature, ambient relative
humidity, and air draft, because there
are no jackets for instantaneous water
heaters. (Bradley, NOPR Public Meeting
Transcript, No. 20 at p. 33) After
considering these comments, DOE has
decided to retain the two elbow fittings
in the outlet water piping before the
outlet water temperature measurement
for the thermal efficiency test, as DOE
agrees with the suggestions from the
commenters that the elbows will
improve the water mixing and allow for
a more accurate measurement of the
outlet water temperature during the
thermal efficiency test. Nevertheless,
DOE continues to believe that specifying
the distance of the measurement from
the water heater will improve
repeatability without adding burden to
the test, as it will ensure consistent
placement of the outlet water
temperature sensor. As a result, DOE
has modified Figure III.4 as proposed in
the May 2016 NOPR to require the
outlet water temperature sensor be
installed at the second elbow in the
outlet water piping for the thermal
efficiency test. DOE is also adopting
AHRI’s recommendation to permit the
use of the test set-ups specified in
Figure III.1, Figure III.2, and Figure III.3
of the May 2016 NOPR (and shown as
figures 2.1, 2.2, and 2.3 in Appendix A
to subpart G in the regulatory text of this
document) to test instantaneous water
heaters that do not require a
recirculating loop for testing (see section
III.I.5). As a result, DOE has also
modified the piping configuration in
Figure III.4 of the May 2016 NOPR to
match the total piping lengths specified
for the test set-up for water heaters with
horizontal opening water connections
(as shown in Figure III.3 of this final
rule). Specifically, DOE is specifying a
measurement location for the outlet
water temperature sensor, similar to
storage water heaters at a horizontal
piping length of 6 inches and vertical
piping length of 24 inches from the
outlet port of the water heater. These
distances are comparable to the
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distances specified for storage water
heaters and address Rheem’s concern
about equitable distances for both
storage and instantaneous water heaters.
DOE concludes that these changes are
consistent with the industry test
method, ANSI Z21.10.3–2015, and
simply provide additional detail and
clarification to improve the repeatability
of the test. The amended test set-up for
instantaneous water heaters and hot
water supply boilers to be tested with a
recirculating loop is shown in Figure
III.4 of this final rule.
Further, in response to Raypak’s
comment regarding specifying the pipe
length in terms of multiples of pipe
diameter, DOE believes that given the
increase in distance of the outlet water
temperature sensor from the outlet
water port adopted in this final rule,
specifying distance in terms of pipe
diameters is not necessary. In addition,
DOE is not aware of any units for which
it would not be possible to measure the
outlet water temperature at the distance
adopted in this final rule. Therefore,
DOE has decided to maintain the
required distance for installing the
outlet water temperature sensor in terms
of total piping length rather than pipe
diameter.
For the standby loss test, DOE
believes and as noted in the comments,
there is merit to installing the outlet
water temperature measurement probe
as close as possible to the water heater
to accurately represent the temperature
of water stored inside the heat
exchanger during the standby loss test.
Thus, DOE has decided to adopt
separate locations for measuring outlet
water temperature for the thermal
efficiency test and standby loss test for
instantaneous water heaters and hot
water supply boilers. Specifically, for
the standby loss test, based on the
recommendations of commenters, the
outlet water temperature sensors must
be installed in the outlet water piping
within one inch (either inside or
outside) of the outlet water port. To
avoid confusion with the outlet water
temperature measured in the thermal
efficiency test, DOE designates this
temperature measurement ‘‘heat
exchanger outlet water temperature,’’
denoted as ‘‘TOHX.’’ As a result, DOE has
modified Figure III.1, Figure III.2, Figure
III.3, and Figure III.4 proposed in the
May 2016 NOPR by adding an extra
temperature sensor, TOHX, at a distance
of one-inch from the outlet port of the
water heater (either inside or outside).
With regard to Bradley’s comment on
including the term ‘‘enclosure’’ with the
term ‘‘water heater jacket,’’ DOE agrees
that the suggested phrase better
encompasses the range of instantaneous
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water heater designs and is adding the
term to the ambient condition
measurement location requirements
adopted in this final rule for
instantaneous water heaters.
Figure III.1, Figure III.2, Figure III.3,
and Figure III.4 (for units tested with a
recirculating loop) of this final rule
show the required location of the outlet
water temperature measurement and the
heat exchanger outlet water temperature
measurement that DOE adopts in this
final rule for the thermal efficiency test
and standby loss test, respectively, for
instantaneous water heaters and hot
water supply boilers.
2. Multiple Outlet Water Connections
In the May 2016 NOPR, DOE
proposed that for instantaneous water
heaters with multiple outlet water
connections, the outlet water
temperature be maintained at 70 °F ±
2 °F at each outlet connection, and the
average outlet temperature for use in the
subsequent calculations be determined
as the average of the values measured at
each connection leaving the water
heater jacket. 81 FR 28588, 28614 (May
9, 2016). In response, Bradford White
disagreed with DOE’s proposal to
require measurement of the outlet
temperature at each outlet connection,
arguing that the proposed changes are
overly burdensome due to the addition
of more thermocouples and complex
piping configurations that the proposed
changes may result in. Bradford White
stated that multiple outlets are
sometimes included on products to
accommodate different field piping
configurations that may be encountered
in replacement installations, and that
not all connections are intended to be
used in the field. (Bradford White, No.
21 at p. 11)
DOE clarifies that the provisions
proposed for multiple outlet water
connections were intended to apply to
equipment that is designed to use both
(or multiple) outlet water connections
simultaneously during field operation,
such as models that contain two
individual units assembled or stacked
together and are sold as a single, larger
unit. Such units typically employ
external piping to combine the multiple
supply and outlet water connections
(respectively) to form a single supply
and single outlet water connection for
the entire water heater. To achieve the
fuel input rate for which the model is
designed and rated, both sub-units need
to be supplied with water and fired at
their respective full firing capacities. If
a model consists of redundant outlet
water connections that can be used
optionally to accommodate various field
piping configurations, and the outlet
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water connection does not need to be
operated to achieve the rated input for
the model, then the outlet water
provisions are not required to be
applied to such outlet water
connections. Therefore, in this final
rule, DOE retains the provisions for
placement of temperature sensors for
measuring outlet water temperatures for
the thermal efficiency and standby loss
tests for instantaneous water heaters and
hot water supply boilers equipped with
multiple outlet water connections, and
DOE clarifies in the regulatory text that
these requirements are only applicable
if the simultaneous use of those outlet
connections is necessary to achieve the
rated input during testing.
DOE also adopts changes for water
heaters with multiple outlet water
connections to reflect the changes
discussed in section III.I.1 with regard
to the placement of the outlet water
temperature sensors for the thermal
efficiency and standby loss test. The
outlet water temperature sensor
placement provisions discussed in
section III.I.1 (as applicable) must be
applied to all outlet water connections
leaving the water heater that are
required to be used to achieve the
designed fuel input rate for the thermal
efficiency and standby loss test.
3. Supply and Outlet Water Valves
The current test procedure for
instantaneous water heaters and hot
water supply boilers does not clearly
indicate the location and installation of
the supply and outlet water valves. In
the May 2016 NOPR, DOE proposed to
require supply and outlet water valves
to be installed within a specified
distance of the water heater.
Specifically, for instantaneous water
heaters and hot water supply boilers
shipped without external piping
installed at the point of manufacture,
DOE proposed to require that the supply
water valve be installed within 5 inches
of the jacket, and the outlet water valve
be installed within 10 inches of the
jacket. For instantaneous water heaters
and hot water supply boilers with
external piping assembled at the
manufacturer’s premises prior to
shipment, DOE proposed to require that
the supply and outlet water valves be
installed within 5 inches of the end of
the piping shipped with the unit. 81 FR
28588, 28614 (May 9, 2016).
Bradford White disagreed with DOE’s
proposed changes, stating that moving
the inlet and outlet water valves closer
to the unit being tested would not
provide more accurate test results.
Bradford White also expressed concern
with the depiction of the pressure relief
valve outside the outlet water valve in
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DOE’s proposal. (Bradford White, No. 21
at p. 11)
As discussed in section III.H.3, DOE
received several comments from
stakeholders on its proposal to require
that testers turn off both the supply and
outlet water valves while conducting
the standby loss test for instantaneous
water heaters and hot water supply
boilers (including flow-activated
instantaneous water heaters). In
summary, after considering those
comments DOE has decided to not
adopt the proposed requirement to turn
off the supply water valve during the
standby loss test to address concerns
expressed by stakeholders about safety
and thermal expansion of the water
inside the water heater. As a result of
this decision, DOE will not require the
supply water valve to be placed at a
distance of 5 inches away from the
water heater jacket. With regards to the
outlet water valve, DOE believes there is
merit in placing the valve close to the
unit and turning it off during the
standby loss test. Locating the outlet
water valve close to the unit would
prevent the outlet water from mixing
with water in the downstream water
piping and thereby reduce heat lost
from mixing with water contained in the
piping, which DOE believes will result
in a more repeatable test since the
distance of piping before the valve (and
therefore the volume of water in the
piping) would be consistent across tests.
DOE also believes that installing the
outlet water valve close to the unit and
turning it off during test will more
accurately account for the standby loss
of the unit, as it would reduce the effect
of piping losses during the test.
Therefore, while DOE agrees with not
requiring the supply water valve to be
placed close to the unit, DOE has
decided to adopt provisions for placing
the outlet water valve close to the water
heater. In section III.I.1of this final rule,
based on the comments received, DOE
decided to permit instantaneous water
heaters and hot water supply boilers to
be set up as per Figure III.1, Figure III.2,
and Figure III.3 (as applicable) for
conducting the thermal efficiency and
standby loss test (see section 2.2 of
Appendix C to Subpart G and section
2.2 of Appendix D to Subpart G). As a
result of this amendment, the water
heaters would be required to be
installed with heat traps in the inlet and
outlet water piping connected to the
water heater. Due to the inclusion of
heat traps in the outlet water piping,
installing a valve at a distance of 10
inches from the outlet water connection
would not be required, as the heat trap
would restrict the convective movement
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of hot water from the water heater. As
a result, DOE is requiring the
installation of the outlet water valve
downstream of the outlet water heat
trap, within a distance of 10 inches
downstream from the outlet water
temperature sensor placed at the second
elbow from the water heater in the
outlet water piping. These amendments
to the location of the outlet water valve
are depicted in the test set ups in Figure
III.1, Figure III.2, Figure III.3, and Figure
III.4 of this final rule.
To address Bradford White’s concern
regarding the pressure relief valve being
installed downstream from the outlet
water valve, DOE is adding provisions
in the test procedure that the pressure
relief valve must be installed between
the outlet water valve and the water
heater. Figure III.4 of this final rule that
shows the set-up for testing
instantaneous water heaters and hot
water supply boilers depicts the
pressure relief valve between the outlet
water valve and the water heater being
tested.
4. Additional Comments
In addition to comments related to the
test set-up, DOE also received comments
about measuring the gas line
temperature as indicated by temperature
probe T4 in Figure III.4 of the May 2016
NOPR for instantaneous water heaters
and hot water supply boilers. DOE
received comments from Raypak and
Rheem stating that the T4 is generally
part of the gas meter or otherwise must
be measured at the gas meter and not
elsewhere in the gas line. (Raypak, No.
28 at p. 3; Rheem, No. 34 at p. 17)
Raypak commented that most of the
thermocouples used to measure the
temperature in the gas line are actually
mounted in the gas meter and
recommended indicating the location of
the temperature sensor in the gas meter
itself, located in the gas connection in
Figure III.4 in the May 2016 NOPR.
(Public Meeting Transcript, No. 20 at p.
88)
DOE agrees with the comments on the
gas temperature measurement and has
modified the test set-up to have the gas
temperature measured at the gas meter.
DOE concludes that this clarification is
consistent with ANSI Z21.10.3–2015.
Rheem sought clarification on using a
radiation shield for temperature probes.
(Rheem, No. 34 at p. 17) A radiation
shield is generally applied on a
temperature probe to prevent potential
radiative heat transfer from the hot
surfaces that are close to or in direct
contact with the burner flame to the
temperature probe. If a probe is located
in the vicinity of a surface at a very high
temperature, then there could be some
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heat transferred from the hot surface to
the temperature probe in the form of
radiation. This would lead to an
inaccurate representation of the
temperature that the probe is intended
to measure. Therefore, in experimental
tests, it is typical to use a radiation
shield to protect against unwanted
radiation and to provide a more accurate
measurement of the temperature that is
intended to be measured. DOE’s current
test procedure requires using a radiation
shield for temperature sensors used to
measure the ambient temperature. In
this final rule, DOE is also adopting the
use of radiation shield(s) to measure the
test air temperature. DOE concludes that
these changes are consistent with ANSI
Z21.10.3–2015.
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5. Test Set-Up for Instantaneous Water
Heaters and Hot Water Supply Boilers
As initially discussed in section
III.I.1, AHRI recommended that DOE
require an instantaneous water heater to
be tested using the test set-up in Figures
1, 2, and 3 proposed for storage water
heaters in the May 2016 NOPR (see 81
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FR 28588, 28599–28600). (AHRI, No. 26
at p. 10)
After considering this and all of the
other comments related to the test setup for instantaneous water heaters and
hot water supply boilers, DOE has
decided to allow the use of the same
piping configuration adopted for storage
water heaters to be used for testing
instantaneous water heaters and hot
water supply boilers that do not require
a recirculating loop. As a result, the
piping arrangements in Figure III.1,
Figure III.2, and Figure III.3 adopted in
this final rule (see section III.C) are also
applicable to instantaneous water
heaters and hot water supply boilers
that do not require a recirculating loop
for testing. Although the same piping
arrangements are being adopted for
instantaneous water heaters and hot
water supply boilers, there are some
variations in the setup needed to
accommodate testing of instantaneous
water heaters and hot water supply
boilers. Specifically, instantaneous
water heaters and hot water supply
boilers require the addition of an outlet
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water valve and the inclusion of an
additional temperature sensor to
measure the heat exchanger outlet water
temperature. Figure III.1, Figure III.2,
and Figure III.3 show the test setup for
gas-fired and oil-fired storage water
heaters and storage-type instantaneous
water heaters, and are generally
applicable to electric storage and
storage-type instantaneous water heaters
and to instantaneous water heaters and
hot water supply boilers (that are not
tested with a recirculating loop), with
the exceptions that an outlet water valve
and heat exchanger outlet temperature
sensor are present. In this final rule, for
clarity, DOE is adopting separate figures
within each appendix, with the slight
variations to outlet valve and
temperature sensors discussed herein.
In addition, for instantaneous water
heaters and hot water supply boilers,
DOE is adopting Figure III.4, which
must be used for the installation of the
recirculating loop to conduct the
thermal efficiency and standby loss test
(as applicable).
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J. Test Procedure for Rating Commercial
Heat Pump Water Heaters
In the May 2016 NOPR, DOE
proposed definitions and test
procedures for CHPWHs. 81 FR 28588,
28617–28622 (May 9, 2016). The
comments received on DOE’s proposals
for CHPWH are discussed in the
following sections.
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1. Definitions of CHPWH
In the May 2016 NOPR, DOE
proposed a definition for ‘‘commercial
heat pump water heater’’ and associated
definitions for ‘‘air-source commercial
heat pump water heater,’’ ‘‘direct geoexchange commercial heat pump water
heater,’’ ‘‘ground water-source
commercial heat pump water heater,’’
and ‘‘indoor water-source commercial
heat pump water heater.’’ 81 FR 28588,
28617–28619 (May 9, 2016).
In response, CA IOUs, Bradford
White, NEEA, and EEI expressed
support for the proposed definition of
CHPWH. (CA IOUs, No. 23 at p. 2;
Bradford White, No. 21 at p. 11; NEEA,
No. 30 at p. 1; and EEI, No. 29 at p. 3)
CA IOUs added that the proposed
definition of CHPWH accurately
categorizes the equipment and is similar
to the definition used by AHRI in AHRI
Standard 1300, ‘‘2013 Standard for
Performance Rating of Commercial Heat
Pump Water Heaters’’ (AHRI 1300–
2013), and that the definitions for
proposed categories for CHPWH add
more clarity. (CA IOUs, No. 23 at p. 2)
DOE also received comments
recommending several modifications to
the definitions related to CHPWH. AHRI
stated that the proposed definitions for
CHPWH, air-source CHPWH, direct geoexchange CHPWH, and water-source
CHPWH are inconsistent with the
definitions in AHRI 1300–2013 and
ASHRAE 118.1, because the proposed
definition for CHPWH does not include
ancillary equipment and the proposed
12 kW threshold excludes CHPWH units
that are intended to deliver hot water
above 180 °F, but have lower inputs.
Further, AHRI argued that DOE has: (1)
Added language for defining direct geoexchange CHPWH; (2) split the watersource CHPWH definition into two parts
(i.e., ground water and indoor water);
and (3) changed ‘‘indoor or outdoor air’’
to ‘‘surrounding air’’ for air-source
CHPWH. Finally, AHRI stated that the
definitions in AHRI 1300 and ASHRAE
118.1 were developed through
consultations with industry experts and
stakeholders; AHRI recommended
maintaining consistency with the
industry test standards. (AHRI, No. 26 at
p. 14) Rheem commented that 12 kW
threshold for commercial classification
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of heat pump water heaters does not
adequately identify the source of the
power input and does not account for
total power consumption for hybrid
heating technology used exclusively or
in conjunction with electric resistive
heating elements. Rheem stated that the
12 kW threshold is a good indicator for
power consumption by electric
resistance water heaters but is not
applicable to models that use only heat
pump technology and argued that the
physical size of a compressor to with 12
kW of input power to heat the water
would be too large and physically
impossible to fit in the current CHPWH
systems. Rheem recommended that a
water heater with heat pump technology
be classified as commercial equipment
if the compressor uses between 7 and 10
amps of electric current or more than 12
kW of input power for electric
resistance heating. Rheem also
commented on the proposed definition
of air-source CHPWH, suggesting that it
does not differentiate between the
sources of surrounding air and does not
account for ducted air flow. (Rheem, No.
34 at p. 18) The Joint Advocates stated
that the definition of ground-water
source CHPWH is potentially confusing
and inconsistent with the nomenclature
used in the ground-source heat pump
industry. According to the Joint
Advocates, the definition of groundsource CHPWHs is commonly
understood to include both direct geoexchange and ground water-source
CHPWHs. The Joint Advocates
recommended that DOE either adopt
definitions listed in ASHRAE’s
Geothermal Heating and Cooling:
Design of Ground-Source Heat Pump
Systems (GSHP) 16, or divide groundsource CHPWH into three subcategories: (1) Closed-loop systems that
extract heat from the ground by
circulating water or anti-freeze; (2)
open-loop systems that extract heat from
water pumped from a well or surface
pond; and (3) direct expansion systems
that circulate refrigerant in closed-loops
to extract heat directly from the ground.
(Joint Advocates, No. 32, at p. 3)
Earthlinked Technologies also
questioned why ground-source closedloop CHPWHs (which use the test
procedure for water-source CHPWH, but
are rated to a different evaporator
entering water temperature in ASHRAE
118.1–2012) are not included in DOE’s
categorizations of CHPWH.
(Earthlinked, No. 37 at p. 3) Earthlinked
16 ASHRAE’s Geothermal Heating and Cooling:
Design of Ground-Source Heat Pump Systems, can
be purchased from: https://www.ashrae.org/
resources--publications/bookstore/geothermalheating-and-cooling-design-of-ground-source-heatpump-systems.
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Technologies also suggested modifying
the proposed definition for CHPWH to
include additional provisions for the
type of power supplied to the unit.
Specifically, the commenters suggest
that proposed definition must
encompass all units with minimum 12
kW power supply (which is included in
the proposed definition) and a
minimum rated current condition of >24
A with single phase power supply; a
maximum voltage condition of not
greater than 250V; and all units with
three phase power supply as rated
input. (Earthlinked, No. 37 at pp. 1–2)
DOE’s proposed definition for
CHPWH includes the term ‘‘low
temperature heat source,’’ and EEI
suggested modifying the word ‘‘low’’ to
‘‘lower’’ and further recommended that,
when DOE decides to prescribe energy
conservation standards for CHPWHs,
the standards should be different from
those prescribed for commercial electric
resistance storage water heaters and
commercial electric resistance
instantaneous water heaters. (EEI, No.
29 at p. 3) NEEA recommended
expanding the definition of CHPWH to
include gas absorption heat pump water
heaters. (NEEA, No. 20 at p. 2)
DOE reviewed all comments received
in response to this issue and, after
careful consideration, is adopting the
definitions for direct geo-exchange
CHPWH, ground water-source CHPWH,
and indoor water-source CHPWH as
proposed in the May 2016 NOPR. For
the definition for CHPWH, DOE is
incorporating additional language
regarding ‘‘ancillary equipment’’ as
suggested by AHRI, so as to make the
definition consistent with the definition
of that term in ASHRAE 118.1–2012.
For similar reasons, for air-source
CHPWH, DOE replaces ‘‘surrounding
air’’ with ‘‘indoor or outdoor air.’’ DOE
believes that the definitions of CHPWH
and its categories sufficiently represent
the kinds of CHPWH available on the
market. DOE considered NEEA’s
suggestion to expand the definitions to
include those CHPWH with gas
absorption technology, but has not
identified any equipment commercially
available on the market that utilizes gasfired absorption technology for heating
potable water. Therefore, in this final
rule, the definitions are limited to
include electrically operated heat pump
technology.
With regard to the threshold for
commercial equipment, DOE notes that
EPCA classifies electric water heaters
with less than 12 kW rated electrical
input as consumer water heaters (42
U.S.C. 6291(27)), and that a heat pump
water heater with a rated input of less
than 12 kW would, therefore, be a
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consumer water heater. The 12 kW
limitation refers to the total electrical
power input to the heat pump water
heater which could either be only the
input to the heat pump if no backup
electric resistance elements are present,
or a combination of heat pump
technology and electric resistance
elements. DOE does not agree with
Rheem and Earthlinked Technologies’
comments on adopting additional power
supply specifications (such as electrical
current range for the compressor or
voltage and phase requirements) to
differentiate commercial heat pump
water heaters from residential heat
pump water heaters. The suggested
range of 7 to 10 amps in Rheem’s
comments could result in a heat pump
water heater with less than 12 kW being
classified as commercial equipment,
which would be contrary to EPCA’s
definitions. Thus, the most appropriate
parameter that accounts for both the
electric current and voltage in a single
term is the electrical power input.
Regarding comments from the Joint
Advocates and Earthlinked
Technologies on ground-source closedloop CHPWH, DOE agrees that such
systems are a category of water-source
CHPWH that are different from ground
water-source CHPWH in the manner
that they extract heat from the earth. As
the name indicates, a ground-source
closed-loop CHPWH uses a closed water
loop to extract heat from the earth and
transfer it to the CHPWH unit. This is
different from a ground water-source
CHPWH that uses an open water loop
system, where the unit pulls in water
from a lake or a pond and uses it as a
heat source. Considering the differences
between the CHPWH systems, DOE
agrees that ground-source closed-loop
CHPWH must be rated at conditions
different from both, ground and indoor
water-source CHPWHs.17 Therefore, in
this final rule, DOE adopts separate
rating conditions and definitions for
ground-source closed-loop CHPWHs as
sub-categories of water-source CHPWHs.
DOE disagrees with comments from
Joint Advocates of combining the
ground-source closed-loop CHPWH,
ground water-source CHPWH and direct
geo-exchange CHPWH into a single
category. DOE notes that ground-source
closed-loop CHPWH and ground watersource CHPWH, both use water as a
medium to extract heat from the ground
or a water body. Direct-geo-exchange
CHPWHs, extract heat directly from the
earth from refrigerant tubing, which is
17 For more information on ground-source closedloop CHPWH and ground water-source CHPWH, see
https://energy.gov/energysaver/geothermal-heatpumps.
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embedded inside the ground. Therefore,
ground water-source CHPWH and
ground-source closed-loop CHPWH
must be grouped together under watersource CHPWH, while direct-geoexchange CHPWH must be under a
separate category. These definitions and
categories are same as those in ASHRAE
118.1–2012, align with DOE’s
categorization of test procedures
adopted in this final rule, and are
consistent with the industry test
standards. Combining the ground watersource CHPWH and direct geo-exchange
into one category, as suggested by the
Joint Advocates, may result in confusion
as to the applicable rating conditions
and corresponding test procedure.
Therefore, DOE is retaining this aspect
of the proposed definitions.
In response to AHRI’s comment that
DOE has added language for defining
direct geo-exchange CHPWH, DOE notes
that AHRI 1300–2013 defines a direct
geo-exchange commercial heat pump
water heater as a commercial heat pump
water heater ‘‘that utilizes the earth as
the heat source,’’ while DOE’s proposed
definition in the May 2016 NOPR
defines the term as a commercial heat
pump water heater ‘‘that utilizes the
earth as a heat source and allows for
direct exchange of heat between the
earth and the refrigerant in the
evaporator coils.’’ DOE believes that the
additional language further clarifies the
types of models that qualify as direct
geo-exchange commercial heat pump
water heaters. The definition adopted
for CHPWH and associated definitions
for the kinds of CHPWH are contained
in the regulatory text at the end of this
final rule.
2. Test Procedure for CHPWH
In the May 2016 NOPR, DOE
proposed a test method for CHPWH that
would incorporate by reference an
industry test method, ASHRAE 118.1–
2012, but with modifications to adopt
rating conditions in another industry
test method, AHRI 1300–2013. (Note,
that AHRI 1300–2013 references
ASHRAE 118.1–2012 for specifying the
actual conduct of the test, but specifies
different rating conditions than those
specified by ASHRAE 118.1–2012.) 81
FR 28588, 28617–28622 (May 9, 2016).
In this final rule DOE is incorporating
by reference certain sections, figures,
and tables from ASHRAE 118.1–2012 in
its test procedure for CHPWHs, as
discussed in the following sections.
ASHRAE 118.1–2012 classifies
CHPWHs into two types, with a separate
test method for each: (1) ‘‘Type IV’’—
equipment that can be operated without
requiring a connection to a storage tank;
and (2) ‘‘Type V’’—equipment that
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includes an integral storage tank or
requires connection to a storage tank for
operation. The test procedure in
ASHRAE 118.1–2012 for Type V
equipment requires units to be
connected to a tank that is either
supplied by the manufacturer along
with the unit or is specified by the
manufacturer, while the test procedure
in ASHRAE 118.1–2012 for Type IV
equipment does not require connection
to a tank. After reviewing product
literature, DOE noted that most of
CHPWH available on the market are
Type V equipment in that they require
connection to a storage tank for
operation. However, manufacturers of
such CHPWH typically neither supply
nor specify a storage tank appropriate
for that equipment. ASHRAE 118.1–
2012 does not include a test method for
Type V units for which an appropriate
tank is neither supplied nor specified by
the manufacturer. After considering
several options, DOE ultimately
proposed in the May 2016 NOPR to
utilize a method similar to the test
method for Type IV equipment for all
CHPWH. 81 FR 28617–28622 (May 9,
2016). As noted above, DOE also
proposed to use the rating conditions
specified by AHRI 1300–2013. AHRI
1300–2013 contains multiple rating
conditions, so DOE selected those it
believed to be most representative of
conditions encountered in the field
during actual use. In addition, DOE also
received comments from AHRI
recommending a specific set of rating
conditions that are also listed in AHRI
1300–2013. In reviewing the market,
DOE noted that some CHPWH are
capable of achieving various
temperature rises based on the intended
application. As a result, DOE proposed
that air-source CHPWH be tested with a
supply water temperature of 70 °F and,
if the tested model is unable to achieve
the required outlet water temperature
condition, that the supply water
temperature be changed to 110 °F.
Rheem commented that ASHRAE
118.1–2012 is sufficient as a testing
standard to represent the performance of
CHPWH and recommended adopting
the testing standard in full. Rheem also
stated that DOE’s proposed deviations
and additions to ASHRAE 118.1–2012
are too burdensome to implement, and
that the only exception to the ASHRAE
118.1–2012 testing standard that it
supports is to specify the requirements
in AHRI 1300–2013 for CHPWH that can
operate with multiple voltages. AHRI
1300–2013 requires such units to be
tested at the lowest voltage specified on
the nameplate and specifies that, at the
manufacturer’s option, the test may be
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repeated at a higher voltage. (Rheem,
No. 34 at pp. 18–19)
AHRI recommended that the entering
water temperature for air-source
CHPWH be maintained at 110 °F to
remain consistent with all other
categories of CHPWH and allow a basis
for comparison of different categories of
CHPWH. AHRI argued that the NOPR
acknowledges that a test conducted with
an inlet water temperature of 70 °F and
110 °F will provide the same results.
(AHRI, No. 26 at p. 12) CA IOUs also
argued against adopting two inlet water
temperatures for air-source CHPWHs,
stating that having two temperatures
would result in some equipment with a
lower efficiency being tested to a less
stringent rating condition. (CA IOUs,
No. 23 at p. 4) Earthlinked Technologies
also commented on this issue stating
that rating certain air-source CHPWHs
with an entering water temperature of
70 °F while testing all other CHPWHs
(including CHPWHs that are not airsource) with an entering water
temperature of 110 °F would not
provide a fair comparison between
products and prevent contractors from
helping customers make informed
decisions. The commenters suggest
using 110 °F as the single entering water
temperature rating condition for all
CHPWH equipment, which is also in
line with the AHRI-recommended rating
conditions. (Earthlinked, No. 37 at p. 2)
The Joint Advocates questioned
whether requiring testing without a
specified storage tank would create an
inherent disadvantage for self-contained
units with integrated tanks. The Joint
Advocates recommended that instead,
DOE should require the CHPWH to be
paired with a storage tank with a
volume proportional to the steady-state
heating output of the CHPWH. The Joint
Advocates stated that this would ensure
consistency between CHPWH with
integrated and non-integrated storage
tanks. (Joint Advocates, No. 32 at p. 3)
NEEA commented that DOE proposed
separate test procedures for air, water,
and direct geo-exchange CHPWH but
did not specify a test procedure or test
conditions for self-contained versus
remote air condensers. (NEEA, No. 30 at
p. 2) EEI agreed with the use of
ASHRAE 118.1–2012, which was
developed through ASHRAE’s standards
development processes which uses a
consensus based approach. (EEI, No. 29
at p. 3) CA IOUs commented in support
of establishing separate test procedures
for different categories of CHPWH based
on ASHRAE 118.1–2012 and AHRI
1300–2013. With regard to the rating
conditions for air-source CHPWH, CA
IOUs stated that the rating condition of
80.6 °F dry-bulb temperature and
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71.2 °F wet-bulb temperature may be too
warm for CHPWH, and recommended
using a temperature that is higher than
50 °F dry-bulb temperature and 44.3 °F
wet-bulb temperature, but lower than
the proposed rating condition. CA IOUs
also recommended reviewing the study
titled, West Village Community: Quality
Management Processes and Preliminary
Heat Pump Water Heater Performance,
completed by Davis Energy Group for
NREL as a starting point to establish
rating conditions.18 (CA IOUs, No. 23 at
p. 3)
In response to these comments, DOE
notes that the test procedure proposed
for air-source CHPWH is based on
investigative testing that was carried out
as part of the preparation of the May
2016 NOPR, the results of which are
discussed in extensive detail in that
document. Based on the test results,
DOE noticed that several CHPWH
models may be designed to achieve a
lower temperature rise (from 110 °F
supply water temperature to 120 °F
outlet water temperature), while some
models may be able to achieve a higher
temperature rise (from 70 °F supply
water temperature to 120 °F outlet water
temperature), depending on the
intended application. If DOE were to
adopt a supply water temperature of
110 °F for all air-source CHPWH, then
there would be some air-source CHPWH
units on the market that would not be
able to achieve the required outlet water
temperature condition (120 °F ± 5 °F), as
DOE observed during its investigative
testing. By allowing different supply
water temperature conditions based on
the capabilities of a CHPWH, the test
procedure will be capable of testing all
kinds of air-source CHPWH units
currently available on the market.
Therefore, in this final rule, DOE retains
the additional proposed provisions for
air-source CHPWH, i.e., to require units
to be tested with a supply water
temperature of 70 °F, and use supply
water at 110 °F only if the unit is unable
to meet the required outlet water
temperature conditions at 70 °F.
In response to the comments on the
evaporator entering air rating conditions
being too high for CHPWH, DOE notes
that these conditions are included in the
industry-accepted test standard AHRI
1300–2013, and are also similar to the
rating conditions specified in another
industry-accepted testing standard,
ASHRAE 118.1–2012 (80 °F dry-bulb
temperature and 67 °F wet-bulb
temperature). In addition, DOE
conducted tests using the proposed
18 https://apps1.eere.energy.gov/buildings/
publications/pdfs/building_america/west_village_
hpwh.pdf.
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evaporator entering air rating conditions
and found that all the tested air-source
CHPWH units were able to operate
under these ambient conditions. DOE
explored lower entering air
temperatures and discovered that
certain CHPWH models do not operate
at low ambient temperatures, and would
not operate at lower entering air
temperatures. Therefore, in order to
have a test method that is both
representative and that can be used for
all types of CHPWH currently on the
market, DOE is adopting the rating
conditions for evaporator entering air
temperature that were proposed in the
May 2016 NOPR.
DOE also considered comments
received from the Joint Advocates about
the comparison of CHPWH models with
and without an integral storage tank,
and whether requiring testing without
requiring a storage tank would be a
disadvantage for CHPWH units that are
equipped with an integral storage tank.
As discussed in the May 2016 NOPR,
DOE proposed that CHPWHs that are
intended to be operated in-field with a
separately attached storage tank must be
tested using a test procedure similar to
that prescribed for Type IV equipment
in ASHRAE 118.1–2012, which does not
require a storage tank. DOE generally
agrees that COPh ratings of two CHPWH
units, one equipped with an integral
storage tank and the other not equipped
with an integral storage tank, both tested
using DOE’s proposed test procedure,
may be different from each other. DOE
does not see this difference as an
advantage of one unit over the other
because of the test procedure, but rather
as a fundamental difference between the
designs and operational characteristics
of different CHPWH units. Further, DOE
noted in the May 2016 NOPR that
adding a separate storage tank to test a
Type IV CHPWH would be an incorrect
representation of the efficiency ratings
of the unit itself and would include the
losses in the external tank. For CHPWHs
equipped with a storage tank, the tank
is an integral component of the CHPWH
as packaged and shipped by the
manufacturer. Therefore, any losses in
performance due to the inclusion of the
tank must be included as part of the
efficiency ratings of such CHPWHs.
DOE is not aware of any commercial
heat pump water heaters with an
integrated storage tank currently
available on the market. In addition,
DOE still has concerns regarding
specifying the characteristics of the
storage tank with which the CHPWH
would be tested. The Joint Advocates
suggest pairing CHPWH with a storage
tank with a volume proportional to the
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steady-state heating output of the
CHPWH, but this does not address the
other characteristics of the tank that can
affect efficiency and operation, such as
the insulation thickness, number of
ports, and tank aspect ratio. Based on
the foregoing, DOE has decided to
continue to require testing without
attaching an external tank for CHPWHs
that are not integrated with a storage
tank. For CHPWH models equipped
with an integral storage tank, DOE adds
clarifying provisions to the test
procedure for CHPWHs proposed in the
May 2016 NOPR, which is based on the
test procedure in ASHRAE 118.1–2012
for Type IV equipment. These added
provisions incorporate by reference
certain sections applicable to the test
procedure for Type V equipment in
ASHRAE 118.1–2012. DOE is adding
these provisions to better represent the
field energy use and installation
requirements for CHPWHs equipped
with an integral storage tank.
Specifically, in addition to the sections
included in DOE’s proposed test
procedure, DOE has decided to
incorporate by reference sections 7.3.1
(pertaining to setting up of temperature
sensors inside the tank), 7.7.8
(pertaining to input requirements of
water-heating mode test), and 8.7.1
(pertaining to setting the storage tank
thermostats) of ASHRAE 118.1–2012,
with the exception that the provisions
will only apply to Type V equipment
that is equipped with an integral storage
tank. Further, DOE has also decided to
incorporate by reference Figures 6, 7,
and 8, which pertain to the test set-up
of Type V equipment in ASHRAE
118.1–2012.
As suggested by Rheem, DOE
considered adopting the provision in
AHRI 1300–2013 for CHPWHs that are
capable of operating at multiple
voltages, which is not included in
ASHRAE 118.1–2012. DOE agrees with
the comment and has decided to
include provisions that require
CHPWHs that can operate at multiple
voltages to be tested and rated at the
lowest rated voltage. The test procedure
adopted for CHPWH in this final rule is
included in appendix E to subpart G of
part 431 in the regulatory text.
Finally, in response to Rheem’s
assertion that the deviations and
additions to ASHRAE 118.1–2012
proposed in the May 2016 NOPR are too
burdensome to implement, DOE notes
that the procedures adopted by this final
rule incorporate by reference various
sections of ASHRAE 118.1–2012 and are
largely based on that procedure. Thus,
DOE does not believe that the test
method adopted in this final rule is
significantly more burdensome than
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ASHRAE 118.1–2012, which Rheem
recommended that DOE adopt.
As discussed in section III.J.1, DOE is
adopting separate definitions for
ground-source closed-loop CHPWHs. In
light of these changes, DOE also adds
separate rating conditions for groundsource closed-loop CHPWH, which are
the same as those specified in Table B–
3 of ASHRAE 118.1–2012 and require
an evaporator entering water
temperature of 32 °F. To achieve subfreezing temperatures required for such
units, DOE also adds requirements that
the evaporator entering water be mixed
with 15-percent methanol by-weight.
The test procedure used to rate such
units is the same test procedure adopted
in this final rule for water-source
CHPWHs. The rating condition for
condenser water supply temperature in
maintained 110 °F, which is the same
for all other water-source CHPWH units.
K. Gas Pressure
In the May 2016 NOPR, DOE included
proposed requirements for gas pressure
in its proposed test procedures for gasfired and oil-fired CWH equipment. 81
FR 28588, 28641, 28646, 28651 (May 9,
2016). In its proposal, DOE included
requirements that the outlet pressure of
the gas appliance regulator be within
the range specified by the manufacturer.
In response to the May 2016 NOPR,
Bradford White and AHRI commented
that the proposed term ‘‘outlet pressure’’
should be changed to ‘‘gas supply
pressure’’ because manufacturers
specify a range for gas supply pressure,
but only a single value for gas outlet
pressure. (Bradford White, No. 21 at p.
21; AHRI, No. 26 at p. 6)
DOE acknowledges that
manufacturers specify a range for gas
supply pressure and a single value for
gas outlet pressure, as required for
certification to ANSI Z21.10.3–2015.
Therefore, in this final rule, DOE is
adopting requirements regarding both
gas supply pressure and gas outlet
pressure for gas-fired CWH equipment.
First, DOE is requiring that gas supply
pressure must be within the range
specified by the manufacturer. This
requirement was suggested by Bradford
White and AHRI, and is consistent with
the requirements for nameplate ratings
included in ANSI Z21.10.3–2015.
Regarding gas outlet pressure, after an
assessment of manufacturer literature
for models currently on the market, DOE
notes that the gas outlet pressure
specified by the manufacturer is often a
very low value (e.g., 0.0 inches water
column (in. w.c.) or 0.05 in. w.c.) for
models that include a premix burner.
DOE believes that achieving and
measuring a gas pressure value within ±
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10 percent of such a low value would
be difficult given the typical accuracy of
gas pressure measurement devices (i.e.,
the accuracy for gas pressure
measurement included in ASHRAE
118.1–2012 is ± 0.1 in. w.c.). Therefore,
DOE will also require that the difference
between the outlet pressure of the gas
appliance pressure regulator and the
value specified by the manufacturer on
the nameplate of the unit being tested
must not exceed the greater of: ± 10
percent of the nameplate value or ± 0.2
in. w.c.
DOE is adopting a gas outlet pressure
requirement to maintain consistency
with ANSI Z21.10.3 (both the 2011
version that is currently incorporated by
reference and the 2015 version that is
being incorporated by reference by this
final rule), and, therefore, DOE’s
existing test procedure. While a
provision for an absolute tolerance (i.e.,
± 0.2 in. w.c.) is not included in ANSI
Z21.10.3–2015, DOE believes that this
tolerance is warranted given that many
units on the market have low rated gas
outlet pressure values. DOE notes that
the addition of this absolute tolerance
renders this gas outlet pressure
requirement more lenient than the
requirement included in both DOE’s
current test procedure and ANSI
Z21.10.3–2015; therefore, this adopted
requirement for gas outlet pressure will
not result in any additional test burden
for manufacturers.
L. Fuel Input Rate
In DOE’s existing regulations,
equipment classes and the standards
that apply to them are determined, in
part, by the input capacity of the CWH
equipment. However, several terms are
used in the existing DOE test procedures
and energy conservation standards to
describe the input capacity of the CWH
equipment, each of which is derived
from the maximum rated fuel input rate
of the CWH equipment. To standardize
terminology throughout its regulations
for CWH equipment, in the May 2016
NOPR, DOE proposed to define the term
‘‘fuel input rate’’ as the maximum rate
at which gas-fired or oil-fired CWH
equipment consumes energy during a
given test, and to use the term ‘‘fuel
input rate’’ in its test procedures for
CWH equipment. 81 FR 28588, 28622
(May 9, 2016).
1. Certification Provisions
DOE proposed using the term ‘‘fuel
input rate’’ in the division of equipment
classes and proposed applicable testing
provisions to determine the fuel input
rate. DOE’s proposal would have
required manufacturers to measure the
fuel input rate during certification
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testing and use the mean of the
measured values, after applying the
applicable rounding provisions, in
certification reports pursuant to 10 CFR
429.44(c)(2).
DOE also proposed including
equations for determining the fuel input
rate in its test procedures for gas-fired
and oil-fired CWH equipment. DOE
proposed including Equations C2 and
C3 from section C7.2.3 of AHRI 1500–
2015 in its test procedures for
calculation of fuel input rate for gasfired and oil-fired CWH equipment,
respectively. DOE also proposed that the
fuel input rate be determined by
measuring fuel consumption at 3
consecutive 10-minute intervals during
the 30-minute thermal efficiency test.
The overall fuel input rate for the
thermal efficiency test would be
calculated using the fuel consumption
over the entire 30-minute test. DOE
proposed that during the thermal
efficiency test, the measured fuel input
rate must not vary by more than ± 2
percent between 10-minute interval
readings.
CA IOUs agreed with DOE’s proposed
definitions and provisions regarding
fuel input rate. (CA IOUs, No. 23 at p.
2) However, several commenters
disagreed with DOE’s proposal that the
certified fuel input rate be based on the
mean of measured values obtained
during efficiency testing. (Bock, No. 19
at p. 2; Bradford White, No. 21 at p. 12;
AHRI, No. 26 at pp. 1–3; A. O. Smith,
No. 27 at pp. 9–10; Raypak, No. 28 at
pp. 4–5; Rinnai, No. 31 at p. 2; Rheem,
No. 34 at pp. 12–13) Instead, these
commenters suggested that the certified
input rate should be a fixed value rather
than a value that could vary from test
to test and that the input rate is
determined as part of the model’s safety
certification testing. Bradford White,
AHRI, and A. O. Smith further stated
that there is no confusion in the
industry regarding fuel input rate
terminology and that DOE’s proposed
fuel input rate regulations would harm
the industry. (Bradford White, No. 21 at
p. 9; AHRI, No. 26 at p. 2; A. O. Smith,
No. 27 at p. 10) AHRI stated that DOE’s
proposal would mean that every unit of
a model would have a unique input
rating, and that a model would no
longer have a single input rating. (AHRI,
No. 26 at p. 2) AHRI and Rheem further
argued that DOE’s proposal would
create a distinction without a
difference—comparable models capable
of meeting the same design load would
be rated with slightly different input
rates. (AHRI, No. 26 at p. 3; Rheem, No.
34 at pp. 12–13)
AHRI and A. O. Smith stated that the
maximum input rate is determined as
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part of the safety certification process,
that this process occurs before efficiency
testing, and that the safety certification
agency requires that the maximum input
capacity be certified as the rated input
on the nameplate. AHRI and A. O.
Smith stated that a manufacturer’s first
requirement is to design a model that
will comply with all the safety
standards and codes applicable to that
model, and that part of this design
phase is establishing the maximum
input rate of the water heater. AHRI and
A. O. Smith further argued that
manufacturers do not conduct efficiency
tests until they are certain of the
model’s compliance with the applicable
safety requirements and, therefore,
cannot wait until efficiency tests are
conducted to determine the rated input.
AHRI and A. O. Smith also commented
that DOE’s proposal would create an
illogical situation where the
manufacturer does not know what test
to conduct based on its equipment class
until after the test is conducted. (AHRI,
No. 26 at pp. 1–3; A. O. Smith, No. 27
at p. 10)
Bradford White, AHRI, and A. O.
Smith noted that there are several
factors that affect the firing rate of a unit
during a test, including the fuel higher
heating value. (Bradford White, No. 21
at p. 12; AHRI, No. 26 at p. 2; A. O.
Smith, No. 27 at p. 9) AHRI and A. O.
Smith added that the actual higher
heating value of gas delivered during
testing may vary by ± 7 percent around
the nominal value for natural gas, and
that manufacturers must design
products that have flexibility to safely
use fuels with various energy densities.
(AHRI, No. 26 at p. 2; A. O. Smith, No.
27 at p. 9) Bradford White further noted
that barometric pressure, gas meter
temperature, and gas meter pressure can
also affect the measured fuel input rate
during a given test. (Bradford White, No.
21 at p. 12)
AHRI commented that determination
of fuel input rate during the thermal
efficiency test is unnecessary. (AHRI,
No. 26 at p. 10) AHRI and A. O. Smith
stated that the rate at which fuel is
consumed does not matter, and that
measurement of fuel consumed and
amount of energy delivered as heated
water would reflect any variation in
input rate during the test. (AHRI, No. 26
at p. 10; A. O. Smith, No. 27 at p. 9)
In light of comments received, DOE is
not adopting its proposed certification
provisions for the fuel input rate. DOE
believes the safety certification process
during the design and development of
CWH equipment models is sufficient for
determining the rated input for CWH
equipment. Safety certification through
industry test standards, such as ANSI
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Z21.10.3–2015, typically requires that
manufacturers use the rated input for
the basic model as determined through
the safety certification process, which
results in the maximum rated input
listed on the nameplate and in
manufacturer literature for the basic
model. DOE is adopting the term ‘‘rated
input’’ to mean the maximum rate CWH
equipment is rated to use energy as
specified on the nameplate, and is
adopting the term ‘‘fuel input rate’’ to
mean the rate at which any particular
unit of CWH equipment consumes
energy during testing.
However, DOE disagrees with AHRI
and A. O. Smith that variation in fuel
input rate during the test does not affect
results. The thermal efficiency test is a
steady-state test, and, consequently, all
parameters that affect efficiency should
be held constant throughout the test.
Therefore, DOE is adopting its proposed
requirement that the fuel input rate be
determined by measuring fuel
consumption at consecutive 10-minute
intervals during the 30-minute steadystate verification period and the 30minute thermal efficiency test. DOE’s
adopted provisions regarding the
steady-state verification period and
associated requirements for establishing
steady-state operation are discussed in
section III.F.1 of this final rule. The
overall fuel input rate for the thermal
efficiency test will be calculated using
the fuel consumption over the entire 30minute test, and must be within ± 2
percent of the rated input certified by
the manufacturer. During the thermal
efficiency test and the 30-minute steadystate verification period, the measured
fuel input rates for these 10-minute
periods must not vary by more than ±
2 percent between any two readings. As
discussed in section III.F.1 of this final
rule, DOE does not expect its
requirements for measuring fuel input
rate during the steady-state verification
period and thermal efficiency test to
impose a significant burden on
manufacturers.
DOE is adopting the equations for
calculation of fuel input rate that were
proposed in the May 2016 NOPR and
are based on equations included in
AHRI 1500–2015 for testing of
commercial packaged boilers. DOE
notes that the equations in AHRI 1500–
2015 calculate input rate using the same
variables as the calculation of gas
consumption in the denominator of the
equation for calculating thermal
efficiency in ANSI Z21.10.3–2015, with
the addition of a time term to yield an
input rate rather than a gas consumption
value. In the May 2016 NOPR, DOE
proposed adding a requirement to the
DOE test procedure that values of fuel
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input rate for each unit tested be
rounded to the nearest 1,000 Btu/h. 81
FR 28588, 28622–28623 (May 9, 2016).
Bradford White, Raypak, and Rheem
stated that the fuel input rate should not
be rounded to the nearest 1,000 Btu/h.
(Bradford White, No. 21 at p. 12;
Raypak, No. 28 at pp. 4–5; Rheem, No.
34 at p. 13) Raypak and Rheem argued
that if rounding to the nearest 1,000
Btu/h were of value to the end user for
distinguishing amongst models of CWH
equipment, then there would already be
units rated with such precision on the
market. (Raypak, No. 28 at pp. 4–5;
Rheem, No. 34 at p. 13) Because DOE is
not adopting its proposed regulations
regarding certification of fuel input rate,
DOE is also not adopting the proposed
requirement that the certified fuel input
rate be rounded to the nearest 1,000
Btu/h.
2. Enforcement Provisions
In the May 2016 NOPR, DOE also
proposed provisions regarding fuel
input rate during DOE enforcement
testing. 81 FR 28588, 28623 (May 9,
2016). Specifically, DOE proposed that
the overall fuel input rate for the
thermal efficiency test would be
measured and compared against the fuel
input rate certified by the manufacturer.
DOE proposed that if the measured fuel
input rate determined during an
enforcement test is within ± 2 percent of
the certified value, then DOE would use
the certified value when determining
the applicable equipment class for a
model. If the measured fuel input rate
is not within ± 2 percent of the certified
value, then DOE would attempt to bring
the fuel input rate to within ± 2 percent
of the certified value. To do so, DOE
would first adjust the gas pressure
within the range allowed by the test
procedure in an attempt to increase or
decrease the fuel input rate to achieve
± 2 percent of the rated input certified
by the manufacturer. If the fuel input
rate is still not within ± 2 percent of the
rated input, DOE would then attempt to
modify the gas inlet orifice (e.g., drill)
accordingly. Finally, if these measures
do not bring the fuel input rate to within
± 2 percent of the rated input, DOE
would use the measured fuel input rate
when determining the equipment class.
DOE proposed these provisions to
provide manufacturers with additional
information about how DOE will
evaluate compliance with its energy
conservation standards for CWH
equipment.
Several commenters disagreed with
DOE’s proposed provisions related to
fuel input rate in enforcement testing,
and argued that DOE should contact the
manufacturer if unable to reach the
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certified input rate during enforcement
testing. (Bock, No. 19 at p. 2; Bradford
White, No. 21 at p. 12; AHRI, No. 26 at
p. 3; Rheem, No. 34 at p. 13) Bock
further stated that by running an
efficiency test at an input rate varying
by more than ± 2 percent from the
certified value, DOE would essentially
be testing a new model. (Bock, No. 19
at p. 2) AHRI further argued that the
enforcement provisions are
unnecessary, and that AHRI has never
had any issues achieving the
manufacturer-specified input rating
during testing. AHRI also asserted that
a unit that cannot be put ‘‘on-rate’’ is
not representative of the model,
assuming there are no issues with the
fuel supply. (AHRI, No. 26 at p. 3)
Rheem further stated that a model
should not be penalized if the fuel used
in DOE’s enforcement testing has a
higher heating value such that the input
rating could not be achieved within ± 2
percent of the rated input. (Rheem, No.
34 at p. 13) Bradford White also stated
that if the rated input cannot be
achieved, there must be an underlying
reason, and that the model cannot be
fairly evaluated. (Bradford White, No.
21 at p. 12) Joint Advocates commented
that DOE should use the measured fuel
input rate for all enforcement testing,
while allowing for adjustment of gas
pressure. (Joint Advocates, No. 32 at p.
2)
DOE’s proposed enforcement
provisions regarding fuel input rate
were intended to avoid invalid tests,
such that even if DOE could not achieve
a fuel input rate within ± 2 percent of
the certified value, a unit could still be
tested and compliance with the
corresponding energy conservation
standard(s) could still be determined.
DOE disagrees with AHRI’s point that
the enforcement provisions for fuel
input rate are unnecessary because
AHRI has never had an issue achieving
the rated input. DOE attempts to ensure
that it is able to obtain a valid test result
in all cases, and these provisions
provide manufacturers of notice how
DOE will proceed in the event that the
test cannot achieve the rated input. DOE
notes that, if units are always shipped
by manufacturers such that the rated
input ± 2 percent can be achieved
during enforcement testing, then DOE
will have no cause to apply these
provisions. DOE also disagrees with
Rheem’s assertion that DOE would be
penalizing a model because of the
higher heating value of fuel used in
DOE’s enforcement testing. As noted by
A. O. Smith and AHRI, manufacturers
must design products that have
flexibility to safely use fuels with
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various energy densities. When issues
arise during enforcement testing, such
as being unable to achieve the certified
input rating, DOE evaluates the decision
of whether to proceed with testing or
whether to involve the manufacturer on
a case-by-case basis. If DOE carries out
a test on a unit despite not achieving the
manufacturer’s rated input as part of
enforcement testing or as part of an
assessment test on a model for which
DOE subsequently chooses to pursue an
enforcement case, DOE would provide
the manufacturer with the test results,
including the fuel input rate and higher
heating value during the test, and the
manufacturer will have an opportunity
to discuss the test with the Department.
DOE disagrees that testing a unit at a
fuel input rate other than the rated input
necessarily would not be representative
of the model.
DOE disagrees with Joint Advocates
that DOE should use the measured fuel
input rate for all enforcement testing.
DOE believes that, given unit-to-unit
variation and variability in the higher
heating value of fuels as pointed out by
other commenters, a ± 2 percent
tolerance for fuel input rate is
reasonable and that, within that
tolerance, any slight deviation should
not affect a CWH equipment model’s
classification under DOE’s equipment
class structure (and as a result affect the
stringency of the applicable energy
conservation standards). Additionally,
using rated input in enforcement testing
if the measured fuel input rate is within
± 2 percent of the rated input allows
manufacturers some flexibility in the
fuel input rate at which the individual
unit may operate. This allowance may
be beneficial because, as indicated by
stakeholders, the higher heating value of
gas varies based on geographic location.
Bradford White recommended that
the following steps be taken in order to
adjust a model’s input rate: adjust the
manifold pressure, change the gas
pressure, if necessary, and modify the
gas orifice(s). (Bradford White, No. 21 at
p. 12) DOE agrees with Bradford White
that adjusting the manifold pressure
(i.e., gas outlet pressure) of CWH
equipment could affect the fuel input
rate during testing to allow it to be
adjusted within ± 2 percent of the rated
input, and, therefore, DOE is adopting
this step in its regulations. (DOE’s
approach already encompasses Bradford
White’s latter suggestions.)
Raypak disagreed with DOE’s
proposal to modify the gas orifice when
attempting to achieve the certified fuel
input rate during enforcement testing.
Specifically, Raypak argued that several
of its products use an engineered nozzle
with a built-in venturi instead of a
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simple orifice. Raypak also stated that
DOE should follow manufacturer’s
instructions and input regarding making
adjustments to achieve the
manufacturer’s rated input. (Raypak,
No. 28 at p. 5)
In response to Raypak’s comments,
DOE notes that its proposed language
states that DOE would attempt each
modification; therefore, DOE would use
its expertise and discretion as well as
that of the third-party test laboratory in
attempting each modification as may be
required to achieve within ± 2 percent
of the rated input. Should a model use
a nozzle rather than an orifice, DOE
would not attempt to drill the nozzle, as
the provision clearly states that only a
gas inlet orifice would be drilled (if the
unit is equipped with one).
Therefore, DOE is adopting its
proposed enforcement regulations for
fuel input rate, with the additions
discussed in this section. DOE also
clarifies that the steps it is adopting that
may be attempted to achieve a fuel
input rate that is ± 2 percent of the rated
input (e.g., varying gas pressure,
modifying the gas inlet orifice) apply
only to gas-fired CWH equipment, and
that DOE would not attempt such steps
for oil-fired CWH equipment.
M. Default Values for Certain Test
Parameters for Commercial Water
Heating Equipment
DOE currently incorporates by
reference Exhibits G.1 and G.2 of ANSI
Z21.10.3–2011 (which correspond to
Annexes E.1 and E.2 of ANSI Z21.10.3–
2015) in its current test procedure for
thermal efficiency and standby loss for
CWH equipment. Some of the
equipment settings for performing the
test procedures as per Annex E.1 of
ANSI Z21.10.3–2015 (e.g., water supply
pressure, venting requirements) are
required to be specified by
manufacturers. In the May 2016 NOPR,
DOE proposed to include default values
for these parameters in its test
procedures, to be used if values are not
specified in manufacturer literature
shipped with the unit 19 or
supplemental test information. 81 FR
28588, 28623 (May 9, 2016).
Specifically, DOE proposed: (1) A
default value for maximum water
supply pressure for all CWH equipment,
(2) default ranges of allowable gas
supply pressure for CWH equipment
powered with natural gas and propane,
(3) a default value for fuel pump
19 Manufacturer literature includes any
information on settings, installation, and operation
that is shipped with the equipment. This
information can be in the form of installation and
operation manuals, settings provided on a name
plate, or product-specific literature.
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pressure for oil-fired CWH equipment,
and (4) a default range for CO2 reading
for oil-fired CWH equipment. DOE
determined these values from
examination of values reported for
models currently on the market.
In response to the May 2016 NOPR,
Bradford White, AHRI, A. O. Smith, and
Rheem disagreed with DOE’s proposal
and stated that default values are
unnecessary. (Bradford White, No. 21 at
p. 8; AHRI, No. 26 at p. 15; A. O. Smith,
No. 27 at p. 15, Rheem, No. 34 at p. 19)
AHRI indicated that these values are
always provided by the manufacturer.
(AHRI, No. 26 at p. 15) Bradford White,
A. O. Smith, and Rheem stated that
these values would always be included
on the nameplate as required by ANSI
certification. (Bradford White, No. 21 at
p. 8; A. O. Smith, No. 27 at p. 15,
Rheem, No. 34 at p. 19) Rheem further
argued that establishing a default value
for maximum water supply pressure
that differs from the maximum water
supply pressure certified by some
manufacturers is invalidating the design
and construction of the water heater,
and that the water supply pressure
default value should be more reflective
of the particular kind of CWH
equipment being tested. (Rheem, No. 34
at p. 19)
DOE recognizes that such safety
certification requires certain parameters
to be included on the nameplate of
every model. ANSI Z21.10.3–2015
requires that the maximum water
supply pressure and allowable range of
gas supply pressure be included on the
model nameplate. Therefore, DOE is not
adopting default values for these
parameters, because DOE believes that
the nameplate for every model of CWH
equipment includes these parameters.
However, ANSI Z21.10.3–2015 does not
require the inclusion of oil pump
pressure or CO2 reading for oil-fired
CWH equipment. Additionally, the
nameplates of several models of oil-fired
CWH equipment that DOE purchased
for testing did not include these
parameters. Therefore, DOE believes
default values for these parameters are
warranted. In this final rule, for oil-fired
CWH equipment, DOE is adopting a
default value of 100 psig fuel pump
pressure and a default allowable range
of 9–12 percent for CO2 reading. DOE
notes that these default values were
chosen based on an assessment of
values reported for models on the
market, and that DOE did not receive
any specific feedback on these values in
response to the May 2016 NOPR.
Additionally, these default values
would only be used if values for these
parameters are not included in any of
the following: (1) Product nameplate, (2)
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manufacturer literature shipped with
the unit, or (3) supplemental testing
instructions, if submitted to DOE with
the certification report. These default
values apply to oil-fired commercial
water heating equipment other than
residential-duty commercial water
heaters.
N. Certification Requirements
In the May 2016 NOPR, DOE
proposed several changes to its
certification requirements for
commercial water heating equipment 20
at 10 CFR part 429. 81 FR 28588, 28635–
28636 (May 9, 2016). Specifically, DOE
proposed to add two requirements to 10
CFR 429.44 for certification of
instantaneous water heaters and hot
water supply boilers. First, DOE
proposed to add that manufacturers
must certify whether instantaneous
water heaters or hot water supply
boilers contain submerged heat
exchangers or heating elements, in order
to allow for proper classification of
units under DOE’s proposed definition
for ‘‘storage-type instantaneous water
heater.’’ Second, DOE proposed to add
that manufacturers must certify whether
instantaneous water heaters or hot water
supply boilers require flow of water
through the water heater to initiate
burner ignition.
AHRI argued that DOE’s proposed
certification requirements are
unnecessary given AHRI’s comments on
DOE’s other proposals in the May 2016
NOPR. Specifically, AHRI argued that
when all of AHRI’s comments are
considered, six separate appendices
might not be needed in the test
procedures for CWH equipment, and
some of the proposed certification
requirements might not be needed for
determining which test procedure to
use. (AHRI, No. 26 at p. 15) Regarding
the proposed certification requirement
for classifying storage-type
instantaneous water heaters, A. O.
Smith and Rheem objected to the term
‘‘submerged heat exchanger’’ being used
to define storage-type instantaneous
water heaters, and Bradford White
argued that the storage-type
instantaneous water heater class is
unnecessary. (Bradford White, No. 19 at
pp. 12–13; A. O. Smith, No. 27 at p. 16;
Rheem, No. 34 at p. 20) A. O. Smith
further commented that manufacturers
should also certify whether a water
heater is activated by a remote control
or sensor, and if present, the default
20 DOE is also making an editorial change to the
certification report provisions in 10 CFR 429.44(c)
for commercial water heating equipment by
replacing of the term ‘‘water heater’’ and
abbreviations of water heater (i.e., WH) with the
term ‘‘water heating.’’
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duration of the off delay for any integral
pump off delay switch. (A. O. Smith,
No. 27 at p. 16) Raypak commented that
it generally supported DOE’s proposed
changes to the certification
requirements, but that DOE should also
consider: (1) Other kinds of water
heaters that require flow-through to
initiate burner ignition, and (2) water
heaters that are activated by a remotelylocated thermostat. (Raypak, No. 28 at p.
4)
Given the test procedure amendments
DOE is adopting in this final rule, DOE
disagrees with AHRI and continues to
believe that additional certification
requirements for instantaneous water
heaters are warranted. DOE’s definition
for ‘‘storage-type instantaneous water
heater’’ adopted in this final rule does
not include the term ‘‘submerged heat
exchanger,’’ to which commenters
objected, and instead includes a
provision that the water heater includes
a storage tank with a storage volume
greater than or equal to 10 gallons.
DOE’s definition of ‘‘storage-type
instantaneous water heater’’ is further
discussed in section III.G.4 of this final
rule. Therefore, for the equipment class
of instantaneous water heaters with a
storage volume of greater than or equal
to 10 gallons, DOE is adopting a
certification requirement of whether the
water heater includes a storage tank
with a storage volume greater than or
equal to 10 gallons. DOE’s adopted
definition for ‘‘storage-type
instantaneous water heater’’ is
discussed in section III.G.4 of this final
rule.
DOE agrees with the comments on
flow-activated instantaneous water
heaters, specifically that the
certification requirements should
identify water heaters activated by a
remote temperature sensor and if
present, the default duration of the off
delay for any integral pump off delay
switch. Section III.I of this final rule
explains that DOE has decided to adopt
separate standby loss test procedures for
internally-activated instantaneous water
heaters than for flow-activated
instantaneous water heaters and remotesensor-based thermostatically activated
(or externally-thermostatically
activated) instantaneous water heaters.
To ensure that the appropriate standby
loss test procedure was used to rate
instantaneous water heaters and hot
water supply boilers, DOE is adding
certification requirements to
differentiate between the two kinds of
CWH equipment. In addition, DOE is
also adopting two modifications to the
standby loss test procedure for
instantaneous water heaters and hot
water supply boilers that include: (1)
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Allowing two options for the
methodology to determine the storage
volume (either a weight-based method
or a calculation-based method; see
section III.H.2 for additional details);
and (2) allowing a delay in the starting
of the standby loss test to account for
pump purge (see section III.H.3.e).
Therefore, in this final rule, DOE
requires certification of which
methodology was used to determine the
certified value for storage volume, and
whether the water heater is equipped
with an integral pump purge
functionality, and if so, the default
duration of the pump off delay. The
certification for pump purge
functionality is only required for
instantaneous water heaters that are
either flow-activated or externallythermostatically activated and that have
a storage capacity greater than or equal
to ten gallons.
O. Other Issues
Several stakeholders expressed legal,
procedural, and practical concerns
regarding the amendments proposed in
the May 2016 NOPR. These comments
are discussed in detail in the
subsections below.
1. Timing of the Test Procedure and
Energy Conservation Standards
Rulemakings
Several commenters expressed
concerns regarding the timing of the test
procedure and energy conservation
standards revisions for CWH equipment,
and requested that DOE delay (or
suspend) its energy conservation
standards rulemaking until after the
finalization of the test procedure.
(AHRI, No. 26 at p. 15; EEI, No. 29 at
p. 2; Gas Associations, No. 22 at p. 2;
Raypak, No. 28 at p. 1; Bradford White,
No. 21 at p. 1) The commenters also
opined that DOE has violated the
procedures established in 10 CFR part
430, subpart C, Appendix A, Section
7(c) (which commenters referred to as
the ‘‘Process Rule’’), which states that a
final test procedure will be issued prior
to the NOPR for proposed standards.
(EEI, No. 29 at p. 2; Gas Associations,
No. 22 at p. 2; Raypak, No. 28 at p. 1;
Bradford White, No. 21 at p. 1) Bradford
White also disagreed with DOE’s
assertion in the May 2016 NOPR that it
is not aware of any rules or regulations
that duplicate, overlap, or conflict with
the proposed test procedure rule.
Rheem stated that it believes that the
proposed definitional changes to CWH
equipment and applicable test
procedure changes will alter the
efficiency ratings of CWH equipment
and noted that DOE must determine if
the minimally-compliant models will
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continue to meet the current energy
conservation standards if the proposed
test procedure changes are finalized.
Further, Rheem argued that in the May
2016 NOPR, DOE concluded that the
proposed changes would not
‘‘significantly alter’’ the current ratings,
but that the statute does not require a
‘‘significant’’ standard. (Rheem, No. 34
at pp. 3–4)
In response, DOE does not believe
that the timing of the test procedure and
standards rulemakings has negatively
impacted stakeholders’ ability to
provide meaningful comment on this
test procedure rulemaking. The May
2016 NOPR proposed amendments to
incorporate provisions of the latest
industry standard (i.e., ANSI Z21 10.3–
2015), which was developed by a
consensus-based ANSI process, and was
released in November 2015. The test
procedures proposed in the May 2016
NOPR and adopted in this final rule
either reference ANSI Z21.10.3–2015
directly or are largely based on ANSI
Z21.10.3–2015. In the May 2016 NOPR,
DOE also addressed several issues
raised by stakeholders in response to the
February 2014 RFI. For example, the
standby loss test procedure for flowactivated instantaneous water heaters
adopted in this final rule was identified
as an issue by AHRI in response to the
February 2014 RFI. In response to the
May 2016 NOPR, stakeholders provided
detailed, insightful comments on all
aspects of the proposal, including those
proposals which are not included in
ANSI Z21.10.3–2015, which shows that
industry was able to carefully consider
the proposed method and how it
compared to the current Federal method
of test. Further, DOE has also
incorporated several recommendations
received from stakeholders in response
to the May 2016 NOPR (e.g., adopting a
calculation-based test to determine
storage volume, adding steady-state
requirements instead of soak-in period
for thermal efficiency test of storage
water heaters, and using AHRIrecommended rating conditions for the
CHWPH test procedure). Furthermore,
DOE granted a 30-day extension of the
comment period (Docket EERE–2014–
BT–STD–0042) to ensure stakeholders
had sufficient time to consider the
proposed test procedure changes in
relation to the proposed standards. 81
FR 51812 (August 5, 2016). Therefore,
DOE concluded that stakeholders have
had adequate time to provide
meaningful comments on DOE’s
analysis and results in this test
procedure rule.
Regarding the commenters’ assertions
that DOE has violated the provisions of
10 CFR 430, subpart C, appendix A,
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DOE notes that Appendix A established
procedures, interpretations, and policies
to guide DOE in the consideration and
promulgation of new or revised
appliance efficiency standards under
EPCA. (See section 1 of 10 CFR 430
subpart C, appendix A) These
procedures are a general guide to the
steps DOE typically follows in
promulgating energy conservation
standards. The guidance recognizes that
DOE can and will, on occasion, deviate
from the typical process. (See 10 CFR
part 430, subpart C, appendix A, section
14(a)) In this particular instance, DOE
deviated from its typical process due to
statutorily prescribed deadlines for both
the test procedure and standards
rulemaking. As discussed previously in
this notice, there have recently been
updates to the industry testing standard
(ANSI Z21.10.3), as well as petitions for
waiver submitted to DOE by
stakeholders requesting an alternative
test method for flow-activated
instantaneous water heaters. DOE is also
aware of issues with the existing DOE
test method having certain ambiguous
provisions in the test set-up, conditions,
and operation that could allow for
inconsistent application and could lead
to differing results across different test
labs. DOE believes it is imperative to
update the test method to remedy these
issues as soon as possible. Therefore,
DOE decided to amend the existing test
procedure while continuing with the
energy conservation standards
rulemaking in parallel. The comments
pertaining to the timing of the energy
conservation standards rulemaking are
addressed separately in the final rule for
the energy conservation standards of
CWH equipment.
In response to Rheem’s comment,
DOE notes that by ‘‘significantly alter,’’
DOE meant that the measured energy
efficiency or consumption would not be
altered from the current test method to
an extent that the current minimum
standard must be adjusted. All of the
provisions being adopted in this final
rule either clarify the existing test
method, improve repeatability of the
existing test method, or establish a test
method for equipment that either
previously did not have a method (e.g.,
CHPWH) or for which the test method
did not work (e.g., flow-activated
instantaneous water heaters). However,
the actual procedure for measuring the
thermal efficiency and standby loss
remains largely the same, and, thus,
DOE continues to believe that efficiency
ratings are not affected. Rheem did not
provide any information as to which
specific changes it believes would have
an effect on efficiency ratings, other
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than the ‘‘definitional changes.’’ While
definitions are an integral part of
determining equipment classification,
and thus, the applicability of the test
method, DOE notes that they do not
change the actual test method, and thus,
would not impact the ratings. DOE
understands that the changes to the
definitions may cause certain water
heaters that manufacturers currently
classify as commercial equipment to be
classified as consumer products.
However, as discussed in section III.G.1,
DOE has concluded that under EPCA,
these products have always been
covered consumer products. Therefore,
this is not a change that would warrant
reconsideration of the energy
conservation standards under 42
U.S.C.6293(e).
2. Other Comments
The Gas Associations recommended
that DOE adopt additional electrical
consumption requirements, stating that
the current test procedure only
measures fossil fuel energy
consumption without considering
electrical usage. The Gas Associations
further stated that the electrical energy
consumption should be calculated using
a source-based method rather than a
site-based method. (Gas Associations,
No. 22 at p. 2)
DOE disagrees with the comments
from the Gas Associations. Both the
current and the amended test
procedures require the measurement of
the electricity consumption by CWH
equipment during the thermal efficiency
and standby loss test, and the thermal
efficiency and standby loss metrics
account for the electricity use during the
test. The equations for calculating the
thermal efficiency and standby losses of
storage and instantaneous water heaters
require the addition of the measured
electrical energy consumption to the
total fossil fuel consumption, so
electrical energy use is taken into
account. Regarding the suggestion to use
a source-based value for electrical
energy consumption, DOE notes that
such an approach would be inconsistent
with the accounting of the gas
consumption, which is based on site
energy consumption, and inconsistent
with the approach used in ANSI
Z21.10.3–2015 to account for electrical
energy consumption. Therefore, DOE
does not believe an additional sourcebased electrical consumption metric is
necessary.
CA IOUs requested that DOE release
anonymized equipment testing data to
allow stakeholders to provide stronger
comments and strengthen the
rulemaking process. (CA IOUs No. 23 at
p. 3) Several proposals to which DOE
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believes this comment was likely
directed are not adopted in this final
rule (i.e., narrowing the tolerance on
ambient room temperature from 10 °F to
5 °F, establishing an ambient humidity
requirement, and the standby loss test
procedure for unfired hot water storage
tanks). In regards to DOE’s testing of
flow-activated instantaneous water
heaters, DOE notes that these tests were
conducted in order to ensure that DOE’s
proposed test procedures could be
conducted as written. For CHPWHs,
DOE described in extensive detail in the
May 2016 NOPR the evaporator entering
air conditions, the capacities of the
units, and the entering water
temperatures that helped inform the
rating conditions that were proposed for
rating CHPWHs. DOE has not provided
information on the units tested and the
efficiency or standby loss results
obtained to protect the confidentiality of
the manufacturers of these products.
Further, DOE did not conduct any
additional testing as part of this final
rule. Therefore, this final rule does not
include any additional testing data that
were not presented in the May 2016
NOPR.
3. Waiver Requests
DOE received waiver requests or
interim waiver requests from A. O.
Smith, HTP, Thermal Solutions,
Raypak, and RBI.21 The petitioners
asserted that DOE’s existing test method
for determining standby loss applies to
thermostatically activated models only,
and is not appropriate for flow-activated
models. The petitioners requested the
use of alternative procedures for
measuring the standby loss of flowactivated instantaneous water heaters.
As described in section III.H, DOE is
adopting a test procedure specifically
for commercial instantaneous CWH
equipment that is flow activated or
externally thermostatically activated.
Therefore, DOE believes that this final
rule addresses the petitioners’ concerns.
Because the need for a waiver has been
overtaken by DOE’s adoption of a
method of test for the basic models for
which each of the petitioners sought a
waiver, DOE is denying these petitions
for waiver. Petitioners must begin using
21 A.O. Smith: Case No. WH–001, requested
interim waiver (no notice was published for this
request). HTP: Case No. WH–002, 81 FR 36295
(June 6, 2016).
Thermal Solutions: Case No. WH–003, 81 FR
36284 (June 6, 2016).
Raypak: Case No. WH–004, 81 FR 36288 (June 6,
2016).
RBI: Case No. WH–005, requested interim waiver
(no notice was published for this request).
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this test procedure as of the effective
date of the final rule.
IV. Procedural Issues and Regulatory
Review
A. Review Under Executive Orders
12866
The Office of Management and Budget
(OMB) has determined that test
procedure rulemakings do not constitute
‘‘significant regulatory actions’’ under
section 3(f) of Executive Order 12866,
‘‘Regulatory Planning and Review,’’ 58
FR 51735 (Oct. 4, 1993). Accordingly,
this regulatory action was not subject to
review under the Executive Order by the
Office of Information and Regulatory
Affairs (OIRA) in the Office of
Management and Budget (OMB).
B. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq., as amended by the
Small Business Regulatory Enforcement
Fairness Act of 1996) requires
preparation of an initial regulatory
flexibility analysis (IRFA) for any rule
that by law must be proposed for public
comment and a final regulatory
flexibility analysis (FRFA) for any such
rule that an agency adopts as a final
rule, unless the agency certifies that the
rule, if promulgated, will not have a
significant economic impact on a
substantial number of small entities.
A regulatory flexibility analysis
examines the impact of the rule on
small entities and considers alternative
ways of reducing negative effects. Also,
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 DOE
rulemaking process. 68 FR 7990. DOE
has made its procedures and policies
available on the Office of the General
Counsel’s Web site at: https://energy.gov/
gc/office-general-counsel.
The IRFA was published as part of the
May 2016 NOPR. 81 FR 28588 (May 9,
2016). The FRFA has five sections and
is published below:
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1. Need for, and Objectives of, the Rule
The Energy Independence and
Security Act of 2007 (EISA 2007), Public
Law 110–140, amended EPCA to require
that at least once every 7 years, DOE
must review test procedures for each
type of covered equipment, including
CWH equipment, and either: (1) Amend
the test procedures if the Secretary
determines that the amended test
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procedures would more accurately or
fully comply with the requirements of
42 U.S.C. 6314(a)(2)–(3),22 or (2) publish
a notice of determination not to amend
a test procedure. (42 U.S.C.
6314(a)(1)(A)) Under this requirement,
DOE must review the test procedures for
CWH equipment no later than May 16,
2019, which is 7 years after the most
recent final rule amending the Federal
test method for CWH equipment.23
This final rule prescribes test
procedure amendments that will be
used to determine compliance with
energy conservation standards for CWH
equipment (except for CHPWHs,
residential-duty commercial water
heaters, and electric instantaneous
water heaters with a storage capacity
less than 10 gallons). The amendments
will: (1) Update the referenced industry
test standards by incorporating by
reference ASTM D2156–09, ASTM
C177–13, ASTM C518–15, and sections
c and f of Annex E.1 of ANSI Z21.10.3–
2015; (2) modify the required ambient
conditions and measurement intervals
for CWH equipment; (3) change the
required test set-up for storage water
heaters and storage-type instantaneous
water heaters; (4) change the method for
setting the thermostat for gas-fired and
oil-fired storage water heaters and
storage-type instantaneous water heaters
from measurement of mean tank
temperature to measurement of top tank
sensor water temperature and clarify the
method for setting thermostats on
electric storage water heaters with
multiple thermostats; (5) establish new
requirements for establishing steadystate operation and a soak-in period; (6)
define ‘‘storage-type instantaneous
water heater’’ and modify several
definitions for consumer water heaters
and commercial water heating
equipment included at 10 CFR 430.2
and 10 CFR 431.102, respectively; (7)
include a new test method for
measurement of standby loss for
22 42 U.S.C. 6314(a)(2) requires that test
procedures be reasonably designed to produce test
results which reflect energy efficiency, energy use,
and estimated operating costs of a type of industrial
equipment (or class thereof) during a representative
average use cycle (as determined by the Secretary),
and not be unduly burdensome to conduct.
42 U.S.C. 6314(a)(3) requires that if the test
procedure is a procedure for determining estimated
annual operating costs, such procedure must
provide that such costs are calculated from
measurements of energy use in a representative
average-use cycle (as determined by the Secretary),
and from representative average unit costs of the
energy needed to operate such equipment during
such cycle. The Secretary must provide information
to manufacturers of covered equipment regarding
representative average unit costs of energy.
23 DOE published a final rule in the Federal
Register on May 16, 2012, that, in relevant part,
amended its test procedure for commercial waterheating equipment. 77 FR 28928.
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instantaneous water heaters and hot
water supply boilers (including
internally thermostatically-activated,
externally thermostatically-activated
and flow-activated instantaneous water
heaters); (8) specify temperature-sensing
locations, water valve locations, and
clarifications for using a recirculating
loop for thermal efficiency and standby
loss testing of instantaneous water
heaters and hot water supply boilers; (9)
include a new test method for rating
commercial heat pump water heaters;
(10) establish a procedure for
determining the fuel input rate of gasfired and oil-fired CWH equipment and
specify DOE’s measures to verify fuel
input rate; (11) add default values for
certain testing parameters for oil-fired
commercial water heating equipment;
and (12) modify DOE’s certification
requirements for commercial water
heating equipment. DOE reviewed all of
these amendments to the existing test
procedure under the provisions of the
Regulatory Flexibility Act and the
policies and procedures published on
February 19, 2003. 68 FR 7990.
Accordingly, DOE has prepared the
following FRFA for the equipment that
is the subject of this rulemaking.
2. Significant Issues Raised in Response
to the IRFA
The Department did not received any
comment that directly addressed the
IRFA. However, DOE received several
comments from stakeholders that
referenced the impact of amended test
procedures for CWH equipment on
small businesses.
In the May 2016 NOPR, DOE
proposed to establish a requirement to
maintain ambient relative humidity at
60 percent ± 5 percent during the
thermal efficiency and standby loss test
for gas-fired and oil-fired CWH
equipment. 81 FR 28588, 28597–28598
(May 9, 2016). HTP commented that
complying with this proposed humidity
requirement would impose a significant
burden to small businesses such as HTP,
and would require substantial
renovations to their testing lab that cost
$100,000–$250,000. (HTP, No. 24 at p.
1) In this final rule, DOE is not adopting
an ambient relative humidity
requirement; therefore, DOE believes
that this concern of impact to small
manufacturers is mitigated.
In the May 2016 NOPR, DOE also
proposed to decrease the length of
required measurement intervals to 30
seconds for both the thermal efficiency
and standby loss tests. 81 FR 28588,
28597 (May 9, 2016). To accommodate
DOE’s proposed time intervals for data
collection, AHRI commented that some
manufacturers might need to upgrade
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their facilities, and Raypak and Rheem
argued that small manufacturers might
need to purchase or upgrade data
acquisition systems. (AHRI, No. 26 at
pp. 6–7; Raypak, No. 28 at pp. 6–7;
Rheem, No. 34 at p. 5)
DOE disagrees that its proposed
measurement intervals would require
costly upgrades to lab facilities for any
manufacturers, including small
businesses. Given that DOE’s proposed
measurement interval was only slightly
different from the current requirement
for the thermal efficiency test—30
seconds vs 1 minute—DOE does not
believe that this proposal would require
any upgrades. The duration of the
standby loss test exceeds 24 hours and
can reach up to 48 hours; therefore, DOE
does not believe it is likely that any
manufacturers, including small
businesses, are performing this test
without an automated data acquisition
system. The one-time cost of a data
acquisition system would likely be
much less than the recurring labor costs
of having a lab technician constantly
monitor and record measurements for
every standby loss test for up to 48
hours. DOE notes that no stakeholders
have commented to DOE that they do
not use data acquisition systems for
testing of CWH equipment.
Additionally, DOE does not believe that
increasing the frequency of data
collection would require significant
upgrades to existing data acquisition
systems. Rather, DOE believes that
changing the measurement frequency
would require a simple one-time
software change and that the additional
amount of data collected could easily be
stored given the low cost of computer
storage. Additionally, DOE is not
adopting any requirements in this final
rule that would require measurement
with a data acquisition system other
than time and temperature. Therefore,
DOE does not expect the required data
collection intervals adopted in this final
rule—1 minute for both the thermal
efficiency and standby loss tests—to
impose a significant burden on any
manufacturers, including small
businesses.
In the May 2016 NOPR, DOE also
proposed to adopt a standby loss test for
unfired hot water storage tanks. 81 FR
28588, 28597 (May 9, 2016). DOE
received numerous comments on this
topic, and is still considering those
comments. Therefore, DOE will address
the comments and its proposed test
procedure for unfired hot water storage
tanks in a separate rulemaking notice.
In the May 2016 NOPR, DOE
proposed a standby loss test method for
flow-activated instantaneous water
heaters. 81 FR 28588, 28607–28615
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(May 9, 2016) DOE received comments
from Bradley expressing concern with
the complexity and burden associated
with the test procedure. Bradley notes
that it manufactures highly specialized
water heaters and the burden to test
their products with DOE’s proposed test
procedure would be an extreme
financial burden to the business while
not resulting in meaningful energy
savings for customers. Bradley also
expressed concern with the test
procedure, specifically with regards to
the method of test (including the
standby loss equation) and the method
proposed to determine the storage
volume. Bradley suggested simplifying
the test procedure would reduce the
burden on small businesses that
manufacture these specialized water
heaters. (Bradley, No. 33 at pp. 1, 3–4)
The concerns expressed by Bradley
with regards to the testing burden,
pertain to instantaneous water heaters
and hot water supply boilers that have
a storage volume less than 10 gallons.
DOE notes that maximum standby loss
standards are currently only prescribed
for instantaneous water heaters and hot
water supply boilers with rated storage
volume greater than or equal to 10
gallons. In the NOPR for the ongoing
energy conservation standards
rulemaking for CWH equipment, DOE
did not propose standby loss standards
for instantaneous water heaters with
rated storage volume less than 10
gallons. 81 FR 34440 (May 31, 2016).
Consequently, manufacturers are not
required to test or certify their
instantaneous water heaters and hot
water supply boilers for standby loss, if
the model is an either an electric
instantaneous water heater or is a gas or
oil-fired instantaneous water heater
with a storage volume less than 10
gallons.
With regard to the technical concerns
expressed by Bradley, DOE notes that it
has responded to these comments in
section III.H of this final rule.
Specifically, DOE notes that in section
III.H.2 of the final rule notice it has
permitted the use of calculations based
on physical dimensions and design
drawings to determine the storage
volume of instantaneous water heaters
and hot water supply boilers (including
flow-activated instantaneous water
heaters). DOE has also decided to
include additional provisions to allow
water heaters that are not capable of
meeting the required outlet water
temperature (due to in-built safety
features that restrict the maximum
temperature within the unit), to conduct
the test using the maximum water
temperature the unit is capable of
achieving. DOE believes that if
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manufacturers choose to rate their
products using the test procedure
adopted by DOE in this final rule, then
these provisions will be beneficial in
simplifying the test procedure
particularly for the CWH equipment
with in-built safety features that restrict
the rise in water temperature.
3. Description and Estimate of the
Number of Small Entities Affected
For manufacturers of covered CWH
equipment, 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. (see 13 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/Size_Standards_Table.pdf.
Manufacturing of CWH equipment is
classified under NAICS 333318, ‘‘Other
Commercial and Service Industry
Machinery Manufacturing.’’ 24 The SBA
sets a size threshold of 1,000 employees
or fewer for a manufacturer that falls
under this category to qualify as a small
business.
To estimate the number of companies
that could be small business
manufacturers of equipment covered by
this rulemaking, DOE conducted market
research and created a database of CWH
equipment manufacturers. DOE’s
research involved industry trade
association membership directories
(including AHRI 25), public databases
(e.g., the California Energy Commission
Appliance Efficiency Database,26 DOE’s
Compliance Certification Database 27),
individual company Web sites, and
market research tools (e.g., Hoovers
reports 28) to create a list of companies
that manufacture equipment covered by
this rulemaking. DOE screened out
companies that do not manufacture
equipment affected by this rule, do not
meet the definition of a ‘‘small
business,’’ or are foreign owned and
24 On October 1, 2012, the NAICS code for ‘‘Other
Commercial and Service Industry Machinery
Manufacturing,’’ which includes manufacturing of
commercial water heating equipment, changed from
333319 to 333318.
25 The AHRI Directory is available at:
www.ahridirectory.org/ahriDirectory/pages/
home.aspx.
26 The CEC database is available at: https://
www.energy.ca.gov/appliances/.
27 DOE’s Compliance Certification Database is
available at: https://www.regulations.doe.gov/
certification-data/.
28 Hoovers Inc., Company Profiles, Various
Companies (Available at: www.hoovers.com/).
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operated. Based upon this analysis and
comprehensive search, DOE identified
29 manufacturers of CWH equipment
affected by this rulemaking (excluding
rebranders). Of these, DOE identified 18
as domestic small manufacturers.
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4. Description and Estimate of
Compliance Requirements
In the following sections, DOE
discusses the potential burdens that
could be faced by manufacturers of
CWH equipment, particularly small
businesses, as a result of each of the test
procedure amendments being adopted
in this final rule.
Updated Industry Test Methods
In this final rule, DOE is updating the
referenced industry test method in its
test procedures for CWH equipment
from ANSI Z21.10.3–2011 (Exhibits G.1
and G.2) to sections c and f of Annex E.1
of ANSI Z21.10.3–2015. DOE does not
expect that this update will impact the
requirements, conditions, or duration of
DOE’s test procedures. DOE only
identified one substantive difference in
ANSI Z21.10.3–2015 from the currently
referenced version ANSI Z21.10.3–
2011—the standby loss equation.
Because DOE concluded that the
equation in the currently referenced
ANSI Z21.10.3–2011 is correct and
retains that equation in its test
procedures, this updated reference to
the industry test method will not affect
conduct of or ratings from DOE’s test
procedure.
DOE’s current test procedure,
specified at 10 CFR 431.106, also
requires that flue gases from oil-fired
CWH equipment not contain smoke that
exceeds No. 1 smoke, as determined by
ASTM Standard D2156–80. In this final
rule, DOE is incorporating by reference
the most recent version of this test
method, ASTM D2156–09. DOE did not
identify any significant differences
between the two versions of this test
method; therefore, DOE concluded that
this updated reference should not affect
results from its test procedure.
Additionally, DOE is adopting several
clarifications to the procedure for
determining smoke spot number
because the current procedure as
specified in 10 CFR 431.106 does not
specify the timing or location of
measuring the smoke spot number. DOE
considers conduct of the smoke spot test
and measurement of CO2 reading before
the thermal efficiency test begins to be
a less burdensome method than
measuring during the test. Therefore,
the Department does not consider this
clarification likely to increase testing
burden to manufacturers. Additionally,
DOE clarifies situations when the smoke
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spot test and measurement of CO2
reading are not needed to reduce
burden. Finally, DOE specifies the
location within the flue for
determination of smoke spot number.
Given that this requirement was
adopted from an industry-accepted test
method for similar commercial HVAC
equipment, DOE selected this location
because it was the least likely to
increase burden to manufacturers,
DOE’s current definition for ‘‘R-value’’
at 10 CFR 431.102 references two
industry test methods, ASTM C177–97
and ASTM C518–91. DOE is
incorporating by reference the most
recent versions of these test methods:
ASTM C177–13 and ASTM C518–15.
DOE did not identify any significant
differences in the procedures for
measuring R-value between the two
versions of ASTM C177 or between the
two versions of ASTM C518. Therefore,
this updated reference should not affect
results for calculation of R-value per
DOE’s definition at 10 CFR 431.102.
Ambient Test Conditions
DOE is adopting several amendments
to its required ambient conditions for
CWH equipment. Specifically, DOE is
making the following modifications: (1)
Setting a maximum air draft
requirement of 50 ft/min as measured
prior to beginning the steady-state
verification period or the standby loss
test; (2) decreasing the allowed variance
from mean ambient temperature from
± 7.0 °F to ± 5.0 °F; (3) requiring
measurement of test air temperature—
the temperature of entering combustion
air—and requiring the test air
temperature not vary by more than
± 5 °F from the ambient room
temperature at any measurement
interval during the steady-state
verification period and the thermal
efficiency and standby loss tests for gasfired and oil-fired CWH equipment; and
(4) decreasing the time interval for data
collection from fifteen minutes to one
minute for the standby loss test.
For the first modification, depending
on the conditions in the manufacturer’s
testing area, the manufacturer may need
to protect the testing area from drafts
greater than 50 ft/min. This draft
protection could be accomplished by
using wind barriers such as moveable
walls, minimizing the opening and
closing of doors near the test stand, or
sealing windows. To measure draft
velocity, manufacturers may have to
purchase instrumentation that DOE
estimates could cost up to $250.
However, any manufacturer of
residential water heaters should already
have this instrumentation and be able to
comply with this requirement, because
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it is similar to the requirement
established for testing residential water
heaters in the July 2014 final rule. 79 FR
40542, 40569 (July 11, 2014). DOE notes
that measurement of air draft is only
required at the beginning of each test;
therefore, draft-measuring devices used
for testing of CWH equipment do not
need the capability to connect to a data
acquisition system.
For the second modification,
manufacturers need to maintain a
slightly more stringent allowed variance
from the average ambient room
temperature over the course of the test.
DOE received several comments
suggesting that DOE adopt this
decreased variance, indicating that this
decrease in the allowed variance would
not be burdensome to manufacturers,
and that manufacturers could
accommodate this decrease in the
allowed variance with their existing lab
HVAC systems. Therefore does not
anticipate that this modification will
impose a significant burden to
manufacturers, including small
businesses.
For the third modification,
manufacturers need to measure the test
air temperature, which is measured
within two feet of the combustion air
inlet. While this requirement was
adopted from an industry test method
for commercial packaged boilers, AHRI
1500–2015, it was not previously
required for testing of CWH equipment.
Therefore, manufacturers need to install
temperature sensors in close proximity
to the air intake. However, DOE believes
that a requirement for this temperature
measurement will not present any
significant testing burden to
manufacturers, because it simply
involves taking more temperature
measurements than are already being
conducted, and the temperature
readings could be recorded using the
same data acquisition software that is
used for measuring the ambient room
temperature. DOE anticipates that
adding additional temperature sensors
to an existing data acquisition system
would be a simple, one-time task and
not present a significant burden to
manufacturers.
Finally, DOE proposes reducing the
time interval for data collection during
the standby loss test from 15 minutes to
1 minute. Because the standby loss test
duration is between 24 to 48 hours, DOE
reasons that manufacturers already use
a computer-connected data acquisition
system. Additionally, manufacturers are
already required to measure at oneminute intervals in DOE’s existing
thermal efficiency test procedure. DOE
believes that changing the measurement
frequency would require a simple one-
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time software change and that the
additional amount of data collected
could easily be stored given the low cost
of computer storage. Therefore,
manufacturers were not expected to
incur any additional testing costs due to
the change in the relevant data
recording time intervals, and DOE does
not anticipate the one-time software
change to impose any significant burden
to manufacturers, including small
businesses.
asabaliauskas on DSK3SPTVN1PROD with RULES
Test Set-Up for Storage and StorageType Instantaneous Water Heaters
In this final rule, DOE specifies the
location for measurement of supply and
outlet water temperature for storage
water heaters and storage-type
instantaneous water heaters.
Specifically, in the test set-ups adopted
in this final rule, DOE has specified
exact locations for placement of the
temperature sensors in terms of total
piping length. DOE expects these
lengths to align with the piping set-ups
currently used in most testing of CWH
equipment. If the test set-up changes
adopted in this final rule are different
from the set-ups currently used, DOE
believes that these differences would be
minor and would simply involve adding
or removing several inches of piping.
Additionally, DOE is adopting set-ups
for tank-type water heaters with
connections on the top, side, or
bottom—thereby minimizing the
likelihood that a significant change to
the set-up currently used by
manufacturers would be needed.
Further, for certain water heaters with
horizontal water connections that
cannot meet the inlet side vertically
downward piping distance of 24 inches
(as proposed in the May 2016 NOPR),
DOE allows such piping to be extended
vertically downwards to the maximum
extent possible. This would reduce the
burden on manufacturers and small
businesses from having to raise the
water heater platform or have piping
embedded under the flooring, to meet
the 24 inches of vertically downward
piping distance. Therefore, DOE
concludes that the changes adopted
with regards to the test set-up for storage
and storage-type instantaneous water
heaters would not present a significant
burden to manufacturers, including
small businesses.
Unfired Hot Water Storage Tanks
DOE is not adopting a test procedure
for unfired hot water storage tanks in
this final rule, and, therefore, there will
be not any burden from test procedure
amendments for this equipment.
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Thermostat Settings for Storage Water
Heaters
DOE is modifying its procedure for
setting the tank thermostat for gas-fired
and oil-fired storage water heaters and
storage-type instantaneous water heaters
by adopting a top tank sensor water
temperature requirement rather than a
mean tank temperature requirement.
This change was suggested by
manufacturers so that their models can
more easily meet the specified
conditions in the test procedure without
having to sacrifice thermal efficiency
gains when designing equipment.
Because the top tank sensor water
temperature (i.e., the highest of six
temperature sensors used to calculate
mean tank temperature) is already
measured in the current test method,
this proposal would simplify DOE’s test
procedure, and would not create any
additional test burden for
manufacturers, including small
businesses. DOE is also adopting a
requirement that the tank be re-filled
with supply water before re-adjusting
the thermostat if the top tank sensor
temperature requirement is not
achieved. While this requirement may
add to test time in certain cases, DOE
believes that it is common industry
practice, because this requirement is
consistent with requirements in an
industry-consensus test method,
ASHRAE 118.1–2012, and DOE’s test
procedure for consumer water heaters
and residential-duty commercial water
heaters at appendix E to subpart B of 10
CFR part 430.
DOE is also clarifying its procedure
for setting thermostats for electric
storage water heaters with multiple
thermostats. DOE is specifying that only
the top-mosttopmost and bottommostbottommost thermostats be set, and
that all other thermostats and
corresponding heating elements not
operate while setting thermostats or
during conduct of the standby loss test.
DOE believes that some manufacturers
already use DOE’s adopted method, and
that this method simply clarifies which
thermostats (and corresponding heating
elements) to use during the test. DOE’s
clarifications are based upon comments
from a manufacturer and industry trade
organization; based on these comments,
DOE does not anticipate that this
procedure will impose a significant test
burden to manufacturers, including
small businesses.
Steady-State Requirements and Soak-In
Period
DOE is adopting more stringent
provisions for establishing steady-state
operation prior to the thermal efficiency
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79313
test. These provisions require a 30minute verification period, rather than
the 3-minute period in DOE’s current
test procedure. However, these
provisions, with minor modifications,
were suggested by multiple commenters
as being supported by an industry
working group, as an improvement to
the repeatability of testing of CWH
equipment. DOE also understands that
many manufacturers, including small
businesses, already often run CWH
equipment for longer than required by
DOE’s current test procedure to ensure
steady-state operation prior to beginning
the thermal efficiency test. Therefore,
DOE does not expect that these morestringent provisions will impose a
significant burden to manufacturers,
including small businesses.
DOE has also added clarifying
statements to its thermal efficiency and
standby loss test procedures.
Specifically, DOE is clarifying that
during the steady-state verification
period, the thermal efficiency test, and
the standby loss test (as applicable), no
settings on the water heating equipment
can be changed until measurements for
the test have finished. As discussed in
section III.F.2, several manufacturers
agreed to include the clarifying
statements. Additionally, DOE expects
that the majority of manufacturers
already perform the thermal efficiency
and standby loss tests in a manner as
clarified in DOE’s proposal. Therefore,
DOE has concluded that its clarifying
statements would only serve to remove
any potential confusion regarding its
test procedures, and would not add any
burden to manufacturers, including
small businesses.
DOE is adopting a requirement that a
soak-in period be conducted prior to the
standby loss test for storage water
heaters in which the water heater must
sit without any draws taking place for
at least 12 hours from the end of a
recovery from a cold start, unless the
unit has been in operation and no
settings have been changed since the
end of a previously run efficiency test.
While this soak-in period would add to
the time required to conduct the test, it
would not require extra personnel and
would not necessitate the development
of additional test platforms. DOE
understands that a preconditioning
period is already implemented by
manufacturers as a best practice to allow
the water heater to achieve operational
temperature, so the added burden from
the 12-hour soak-in is expected to be
minimal. In addition, these tests can be
conducted in the same facilities used for
the current energy testing of these
products, so there would be no
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additional facility costs required by this
amendment.
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Storage-Type Instantaneous Water
Heaters
DOE is adopting a new definition for
‘‘storage-type instantaneous water
heater,’’ which includes instantaneous
water heaters with integral storage tanks
that have a tank volume greater than or
equal to 10 gallons. DOE believes this
kind of water heater should be tested
similar to storage water heaters.
However, DOE does not currently
prescribe separate test procedures for
storage water heaters and instantaneous
water heaters. Only in the test
procedures established in this final rule
does DOE prescribe separate standby
loss test procedures for storage water
heaters and instantaneous water heaters.
Additionally, DOE’s research suggests
that manufacturers already categorize
units falling under DOE’s proposed
definition for ‘‘storage-type
instantaneous water heater’’ with
storage water heaters. Therefore, DOE
does not anticipate that applying the
test procedure prescribed for storage
water heaters to storage-type
instantaneous water heaters will present
a burden for manufacturers, including
small businesses.
Instantaneous Water Heaters and Hot
Water Supply Boilers (Other Than
Storage-Type Instantaneous Water
Heaters)
Currently, all instantaneous water
heaters and hot water supply boilers
having a capacity of 10 gallons or more
are required to undergo the same
standby loss test that is prescribed in
Exhibit G.2 of ANSI Z21.10.3–2011. In
this final rule, DOE is adopting a
separate standby loss test procedures
for: (1) Internally thermostaticallyactivated instantaneous water heaters
and (2) instantaneous water heaters that
are either flow-activated or
thermostatically activated by an external
thermostat. In addition, DOE is adopting
changes to the test set-up for
instantaneous water heaters and hot
water supply boilers.
For the changes in the test set-up,
DOE is adopting: (1) Slight variations of
Figure III.1, Figure III.2, and Figure III.3
of this final rule as the test set-ups for
instantaneous water heaters and hot
water supply boilers tested without a
recirculating loop, and (2) Figure III.4 as
the test set-ups for instantaneous water
heaters and hot water supply boilers
tested with a recirculating loop.
Allowing the water heaters to be tested
to the different configurations in the
figures would be beneficial to all
manufacturers, including small
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businesses, as it would allow them to
use the test set-up most appropriate to
the equipment being tested. In this final
rule, DOE has decided to require three
changes in the test set-up for
instantaneous water heaters and hot
water supply boilers: (1) Installation of
an additional temperature sensor near
the outlet of the water heater at a
distance of one-inch (inside or outside)
from the outlet port for the standby loss
test; (2) installation of a temperature
sensor in the outlet water piping at the
second elbow (as per the test set-ups in
Figure III.1, Figure III.2,Figure III.3, and
Figure III.4 of this final rule); and (2)
installation of an outlet water valve
downstream of the outlet water heat
trap, within a distance of 10 inches
downstream from outlet water
temperature sensor which is placed at
the second elbow in the outlet water
piping.
These modifications in the test set-up
require: (1) Addition of a pipe fitting to
hold the outlet water temperaturesensing instrument to a location
immediately outside the CWH
equipment; (2) addition of a temperature
sensor near the outlet to the water
heater; and (2) movement of the outlet
water valve that is already installed
further downstream in the piping, to a
location closer to the CWH equipment.
DOE estimates that a fitting to hold the
temperature sensor would cost
approximately $50, while the
temperature sensor itself would cost
about $100 (for a thermocouple). DOE
reasons that the benefits of better
representation of the outlet water
temperature and close proximity of the
water valves that need to be shut off to
retain the hot water in the water heater
during the standby loss test outweighs
the small potential cost of an additional
pipe fitting and temperature sensor. In
addition to these changes, DOE is also
clarifying the conditions for using a
recirculating loop. The use of a
recirculating loop is allowed in the
current test procedure, and, thus, this
modification would not cause an
increase in testing cost. Therefore, DOE
concluded that the adjustments
described in this paragraph would not
impose a significant burden on
manufacturers, including small
businesses.
The standby loss test procedure
adopted for internally thermostaticallyactivated instantaneous water heaters is
similar to the current test procedure in
Exhibit G.2 of ANSI Z21.10.3–2011 (and
Annex E.2 of ANSI Z21.10.3–2015) that
is incorporated by reference as DOE’s
test procedure. The adopted test
procedure requires the use of the heat
exchanger outlet water temperature as
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an approximation for the stored water
temperature instead of the mean tank
temperature which is required by the
current test procedure. DOE notes that
this adopted modification to the current
test procedure would only change the
terms that are used in calculating
standby loss. In the previous section,
DOE discussed the cost involved in
installing an additional temperature
sensor to record the heat exchanger
outlet water temperature. Therefore, the
only change that manufacturers will be
required to make is to record the heat
exchanger outlet water temperature
during the standby loss test.
Accordingly, DOE has concluded that
these changes will not be unduly
burdensome to manufacturers,
including small businesses.
For externally thermostaticallyactivated instantaneous water heaters
and flow-activated instantaneous water
heaters, DOE has adopted a test
procedure that is similar to the current
test procedure in Exhibit G.2 of ANSI
Z21.10.3–2011. Similar to internallyactivated instantaneous water heaters,
the adopted test procedure for flowactivated and externally
thermostatically-activated instantaneous
water heaters uses the outlet water
temperature as an approximation for the
stored water temperature. In addition,
the adopted test procedure would not
require the water heater to cycle-on at
any point in the course of the test.
Therefore, the amount of fuel
consumption is not required to be
recorded for standby loss calculations.
As a result, these two modifications will
simplify the test and reduce the amount
of data processing required for
calculating the standby loss metric. As
a result, this modification will be
beneficial to all manufacturers,
including small businesses.
The second difference pertains to the
duration of the test. In the current test
procedure, the equipment is tested until
the first cut-out that occurs after 24
hours or 48 hours, whichever comes
first. In the adopted standby loss test
procedure for flow-activated
instantaneous water heaters, the test
ends when the outlet water temperature
drops by 35 °F or after 24 hours,
whichever comes first. DOE has
concluded that it is very likely that a
35 °F drop in outlet water temperature
will occur before 24 hours. Therefore,
this modification will likely be
beneficial to all manufacturers,
including small businesses, as it would
reduce the time required to conduct the
standby loss test. In addition, DOE notes
that the maximum test length of 24
hours in the test method is the same as
the current minimum test length in the
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existing test procedure, so the adopted
test will always result in a test length
either shorter or equal to that of the
current test.
The third difference is with regard to
the pump purge functionality. The
current test procedure requires the
outlet water valve to be closed
immediately after the burner cuts out at
the beginning of the standby loss test. In
the test procedure adopted in this final
rule, DOE has decided to allow units to
use the integrated pump purge
functionality (if so equipped) by
delaying the closing of the outlet water
valve until after the pump purge
operation is completed. During this
operation, the electricity consumed is
not recorded for calculating the standby
loss. DOE notes that the addition of this
provision only changes the sequence of
steps in the test procedure. As a result,
DOE does not believe this modification
will impose a significant burden on
manufacturers, including small
businesses. Rather, DOE believes that by
allowing this modification,
manufacturers will be able to benefit
from the pump purge technology that is
intended to reduce standby loss in the
water heater.
Finally, in the adopted test procedure,
DOE has permitted the use of
calculations based on CAD designs and
physical dimensions to rate the storage
volume of instantaneous water heaters
and hot water supply boilers. The
current test procedure requires the use
of the weight-based test specified in
section 2.26 of ANSI Z21.10.3–2011 to
determine the storage volume. The
weight-based test requires the water
heater to be weighed dry and then
weighed after it is filled with water. The
difference between the two weights is
used to calculate the storage volume.
DOE expects that allowing
manufacturers to use their design
drawing or physical dimensions to
determine storage volume will be
beneficial to manufacturers and save
them time and cost. Therefore, DOE
believe that this modification will be
beneficial to all manufacturers,
including small businesses.
In summary, DOE has concluded that
the standby loss test procedure adopted
in this final rule for flow-activated,
externally thermostatically activated
and internally thermostatically activated
instantaneous water heaters will not
impose any significant additional
burden on manufacturers.
Commercial Heat Pump Water Heaters
DOE previously did not prescribe a
test procedure for commercial heat
pump water heaters. In this final rule,
DOE adopts a new test procedure for
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measurement of the COPh of CHPWHs.
However, manufacturers are not
required to certify COPh for CHPWHs
until DOE establishes energy
conservation standards for this
equipment based on a COPh metric.
Therefore, manufacturers are not
required to certify for COPh using the
test procedure adopted in this final rule.
However, DOE acknowledges that in the
absence of a Federal COPh standard,
some manufacturers may choose, at
their discretion, to rate the efficiency of
their CHPWHs to help distinguish their
equipment from competitor offerings.
DOE believes that manufacturers of
CHPWHs already have the equipment,
instrumentation, and facilities
(including psychrometric chambers) for
testing their units according to the
adopted test method, because these will
be needed for product development and
measurement of COPh values absent a
DOE test method. However, DOE
acknowledges that some manufacturers
may need to purchase equipment,
instrumentation, or test stands for
measurement of COPh according to the
test method. For testing air-source
CHPWH units, DOE estimates that the
cost to build a test stand and a
surrounding psychrometric chamber for
the testing of CHPWHs will cost no
more than $300,000. While the duration
of the test for air-source CHWPHs is 30
minutes, DOE estimates the total time,
including the time needed for set-up
and stabilizing the outlet water
temperatures prior to the test, may reach
five hours. At a rate of $40 per hour for
a laboratory technician, DOE estimates
the cost for this labor will be $200 per
model tested.
Given the small market size of airsource CHPWHs, DOE believes that
most manufacturers without test
facilities capable of testing air-source
CHPWHs according to DOE’s test
procedure will choose to conduct
testing at a third-party lab. DOE
estimates that the average air-source
CHPWH manufacturer sells six models,
and that the cost of testing an air-source
CHPWH would not exceed $11,000.
Therefore, the average testing burden for
manufacturers of air-source CHPWHs
without testing facilities should not
exceed $66,000.
For indoor water-source, groundsource closed-loop, and ground watersource CHPWHs, water solution
conditioning and recirculation
equipment similar to a chiller would be
required for testing, in addition to the
common instrumentation needed for
testing air-source CHPWHs (e.g.,
standard piping, instrumentation, a data
acquisition system, and test stand). DOE
expects most manufacturers already
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79315
have such equipment in order to test
and provide ratings for their current
product offerings. However, DOE
acknowledges that there may be some
manufacturers that do not currently
have equipment sufficient for
conducting DOE’s adopted test
procedure. DOE estimates the total cost
of a chiller to be about $20,000. The cost
of instrumentation, piping, and a data
acquisition unit could add up to an
additional $5,000. Therefore, DOE does
not expect capital investments would
exceed $25,000 per manufacturer. DOE
estimates that following the test
procedure, it would take approximately
5–6 hours to set up the unit and to
conduct the test. At a lab technician
labor cost of $40 per hour, DOE
estimates the total labor cost incurred to
test each unit would be between $200
and $240. Alternatively, some
manufacturers, including small
businesses, may choose to test their
units at third-party laboratories instead
of investing in in-house testing
facilities. DOE estimates that the cost of
such testing would not exceed $3,000
per unit. DOE estimates that
manufacturers may test about 6 models
annually at third-party laboratories.
Therefore, the total estimated cost
burden for any such manufacturers
would not be more than $18,000.
Based on the adopted test procedure,
the test set-up for ground-source closedloop, ground water-source, or indoor
water-source CHPWHs will be similar to
that for direct geo-exchange CHPWHs,
with the only difference being that the
test set-up for direct geo-exchange
CHPWHs includes an additional
solution heat exchanger. Similar to
water-source CHPWHs, DOE expects
that most manufacturers of direct geoexchange CHPWHs already have such
equipment in order to test and provide
ratings for their current product
offerings. DOE understands that the cost
of this solution heat exchanger will be
the only cost to be added to the total
estimated cost for testing ground and
indoor water-source CHPWHs in order
to arrive at the estimated cost of testing
a direct geo-exchange CHPWH. DOE
estimates the cost of a liquid-to-liquid
heat exchanger to be not more than
$30,000. Therefore, the total estimated
capital investment cost for testing a
direct geo-exchange CHPWH should not
exceed $55,000. Similar to water-source
CHPWH manufacturers, DOE
understands that many manufacturers of
direct geo-exchange CHPWHs, including
small businesses, may choose to test
their units at third-party laboratories
instead of investing in in-house testing
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facilities. DOE estimates the cost of such
testing will not exceed $5,000 per unit.
Gas Pressure
DOE is adopting requirements that the
gas supply pressure must be within the
range specified by the manufacturer,
and that the difference between the
outlet pressure of the gas appliance
pressure regulator and the value
specified by the manufacturer on the
nameplate of the unit being tested must
not exceed the greater of: ± 10 percent
of the nameplate value or ± 0.2 in. w.c.
The first requirement was suggested by
commenters and is consistent with the
industry-consensus test method, ANSI
Z21.10.3–2015. The second requirement
is also consistent with ANSI Z212.10.3–
2015 except for the addition of an
absolute tolerance. However, this
absolute tolerance only serves to make
the requirement more lenient than that
included in ANSI Z21.10.3–2015.
Therefore, DOE does not anticipate that
these changes will impose a significant
burden to manufacturers, including
small businesses.
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Fuel Input Rate
DOE is adopting provisions that the
fuel input rate be determined at 10minute intervals during the steady-state
verification period and the thermal
efficiency test. This requirement to
determine fuel input rate simply
requires measuring gas consumption
every 10 minutes during the test, a
change DOE expects will impose no
significant burden. Additionally, DOE is
requiring that the measured fuel input
rates for these 10-minute periods must
not vary by more than ± 2 percent
between any two readings. However,
DOE believes that this requirement is
consistent with the requirement in ANSI
Z21.10.3–2015, and does not expect this
requirement to impose a significant
burden to manufacturers, including
small businesses.
Default Values for Certain Test
Parameters
DOE is adding to its test procedure at
10 CFR 431.106 default values for
certain test parameters for oil-fired CWH
equipment, to be used if manufacturers
do not report these in any of the
following: (1) Product nameplate, (2) the
literature that is shipped with the unit
(e.g., installation and operations
manual), or (3) their supplemental
instructions. Specifically, DOE is
adopting default values for fuel pump
pressure and a range for CO2 reading for
oil-fired CWH equipment. DOE does not
expect these default values to present a
significant burden to manufacturers
because these are basic parameters
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needed for proper use of CWH
equipment and are, therefore, typically
specified by the manufacturer on the
product nameplate and in manufacturer
literature shipped with the unit.
4. Significant Alternatives to the Rule
DOE considered alternative test
methods and modifications to the test
procedures for CWH equipment, and
determined that there are no better
alternatives than the modifications and
procedures established in this final rule.
DOE examined relevant industry test
standards, and incorporated these
standards in the final test procedures
whenever appropriate to reduce test
burden to manufacturers. Specifically,
in this final rule DOE updates its test
procedures for CWH equipment to
incorporate by reference the following
updated standards: ASTM D2156–09,
ASTM C177–13, ASTM C518–15, and
sections c and f of Annex E.1 of ANSI
Z21.10.3–2015. Additionally, DOE is
incorporating by reference certain
sections, figures, and tables in ASHRAE
118.1–2012 in the test procedure for
measurement of COPh of commercial
heat pump water heaters that DOE
establishes in this final rule.
Additional compliance flexibilities
may be available through other means.
For example, individual manufacturers
may petition for a waiver of the
applicable test procedure. (See 10 CFR
431.401) Additionally, Section 504 of
the Department of Energy Organization
Act, 42 U.S.C. 7194, provides authority
for the Secretary to adjust a rule issued
under EPCA in order to prevent ‘‘special
hardship, inequity, or unfair
distribution of burdens’’ that may be
imposed on that manufacturer as a
result of such rule. Manufacturers
should refer to 10 CFR part 430, subpart
E, and part 1003 for additional details.
C. Review Under the Paperwork
Reduction Act of 1995
Manufacturers of CWH equipment
must certify to DOE that their
equipment complies with any
applicable energy conservation
standards. In certifying compliance,
manufacturers must test their
equipment according to the DOE test
procedures for CWH equipment,
including any amendments adopted for
those test procedures, on the date that
compliance is required. DOE has
established regulations for the
certification and recordkeeping
requirements for all covered consumer
products and commercial equipment,
including CWH equipment. 76 FR 12422
(March 7, 2011); 80 FR 5099 (Jan. 30,
2015). The collection-of-information
requirement for certification and
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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
manufacturer, 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.
D. Review Under the National
Environmental Policy Act of 1969
In this final rule, DOE amends its test
procedures for commercial water
heating equipment. DOE has determined
that this rule falls into a class of actions
that are categorically excluded from
review under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and DOE’s
implementing regulations at 10 CFR part
1021. Specifically, this rule amends the
existing test procedure without affecting
the amount, quality, or distribution of
energy usage, and, therefore, will not
result in any environmental impacts.
Thus, this rulemaking is covered by
Categorical Exclusion (CX) A5 under 10
CFR part 1021, subpart D, which applies
to any rulemaking that interprets or
amends an existing rule without
changing the environmental effect of
that rule. Accordingly, DOE has made a
CX determination for this rulemaking,
and neither an environmental
assessment nor an environmental
impact statement is required. DOE’s CX
determination for this final rule is
available at: https://energy.gov/nepa/
categorical-exclusion-cxdeterminations-cx/.
E. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (August 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
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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. DOE
examined this final rule and determined
that it will not have a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. EPCA
governs and prescribes Federal
preemption of State regulations as to
energy conservation for the equipment
that is the subject of this 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(d)) Therefore, Executive
Order 13132 requires no further action.
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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,’’ 61 FR 4729 (Feb. 7, 1996),
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; (3)
provide a clear legal standard for
affected conduct rather than a general
standard; and (4) promote simplification
and burden reduction. Regarding the
review required by section 3(a), 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
sections 3(a) and 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
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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 them. On March 18, 1997, DOE
published a statement of policy on its
process for intergovernmental
consultation under UMRA. 62 FR
12820. (This policy is also available at
www.energy.gov/gc/office-generalcounsel under ‘‘Guidance & Opinions’’
(Rulemaking)) DOE examined this final
rule according to UMRA and its
statement of policy and determined that
the rule contains neither an
intergovernmental mandate, nor a
mandate that may result in the
expenditure by State, local, and Tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any year. Accordingly, no further
assessment or analysis is required under
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
final rule will 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.
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79317
I. Review Under Executive Order 12630
Pursuant to Executive Order 12630,
‘‘Governmental Actions and Interference
with Constitutionally Protected Property
Rights,’’ 53 FR 8859 (March 18, 1988),
DOE has determined that this final rule
will 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 information quality
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 the 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
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 if the
regulation is implemented, and of
reasonable alternatives to the action and
their expected benefits on energy
supply, distribution, and use.
DOE has concluded that the
regulatory action in this document,
which adopts amendments to the test
procedure for commercial water heating
equipment, is not a significant
regulatory action under Executive Order
12866. Moreover, it would not have a
significant adverse effect on the supply,
distribution, or use of energy, nor has it
been designated as a significant energy
action by the Administrator of OIRA.
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Accordingly, DOE has not prepared a
Statement of Energy Effects for this final
rule.
procedures on competition and has
received no comments objecting to their
use.
L. Review Under Section 32 of the
Federal Energy Administration Act of
1974
Under section 301 of the Department
of Energy Organization Act (Pub. L. 95–
91; 42 U.S.C. 7101 et seq.), DOE must
comply with all laws applicable to the
former Federal Energy Administration,
including section 32 of the Federal
Energy Administration Act of 1974
(Pub. L. 93–275), as amended by the
Federal Energy Administration
Authorization Act of 1977 (Pub. L. 95–
70). (15 U.S.C. 788; FEAA) Section 32
essentially provides in relevant part
that, where a proposed rule authorizes
or requires use of commercial standards,
the notice of proposed rulemaking must
inform the public of the use and
background of such standards. In
addition, section 32(c) requires DOE to
consult with the Attorney General and
the Chairwoman of the Federal Trade
Commission (FTC) concerning the
impact of the commercial or industry
standards on competition.
This final rule incorporates testing
methods contained in certain sections,
figures, and tables in the following
commercial standards: (1) ANSI
Z21.10.3–2015/CSA 4.3–2015, ‘‘Gasfired Water Heaters, Volume III, Storage
Water Heaters with Input Ratings Above
75,000 Btu Per Hour, Circulating and
Instantaneous’’; (2) ANSI/ASHRAE
Standard 118.1–2012, ‘‘Method of
Testing for Rating Commercial Gas,
Electric, and Oil Service Water-Heating
Equipment’’; (3) ASTM D2156–09,
‘‘Standard Test Method for Smoke
Density in Flue Gases from Burning
Distillate Fuels’’; (4) ASTM C177–13,
‘‘Standard Test Method for Steady-State
Heat Flux Measurements and Thermal
Transmission Properties by Means of
the Guarded-Hot-Plate Apparatus’’; and
(5) ASTM C518–15, ‘‘Standard Test
Method for Steady-State Thermal
Transmission Properties by Means of
the Heat Flow Meter Apparatus.’’ While
the amended test procedures are not
exclusively based on these standards,
DOE’s amended test procedures adopt
several provisions from these standards
without amendment. The Department
has evaluated these standards and is
unable to conclude whether they fully
comply with the requirements of section
32(b) of the FEAA, (i.e., that they were
developed in a manner that fully
provides for public participation,
comment, and review). DOE has
consulted with both the Attorney
General and the Chairwoman of the FTC
concerning the impact of these test
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will
report to Congress on the promulgation
of this final rule before its effective date.
The report will state that it has been
determined that the rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
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N. Description of Materials Incorporated
by Reference
In this final rule, DOE incorporates by
reference the following test standards:
(1) ANSI Z21.10.3–2015/CSA 4.3–
2015, ‘‘Gas-fired Water Heaters, Volume
III, Storage Water Heaters with Input
Ratings Above 75,000 Btu Per Hour,
Circulating and Instantaneous,’’ Annex
E (normative) Efficiency test procedures,
E.1 ‘‘Method of test for measuring
thermal efficiency’’;
(2) ANSI/ASHRAE Standard 118.1–
2012, ‘‘Method of Testing for Rating
Commercial Gas, Electric, and Oil
Service Water-Heating Equipment,’’
Section 3 ‘‘Definition and Symbols,’’
Section 4 ‘‘Classifications by Mode of
Operation,’’ Section 6 ‘‘Instruments,’’
Section 7 ‘‘Apparatus,’’ Section 8
‘‘Methods of Testing,’’ Section 9.1.1
‘‘Full Input Rating’’, and Section 10.3.1
‘‘Type IV and Type V Full-Capacity Test
Method’’;
(3) ASTM C177–13, ‘‘Standard Test
Method for Steady-State Heat Flux
Measurements and Thermal
Transmission Properties by Means of
the Guarded-Hot-Plate Apparatus’’; and
(4) ASTM C518–15, ‘‘Standard Test
Method for Steady-State Thermal
Transmission Properties by Means of
the Heat Flow Meter Apparatus.’’
(5) ASTM D2156–09, ‘‘Standard Test
Method for Smoke Density in Flue
Gases from Burning Distillate Fuels’’;
ANSI Z21.10.3–2015/CSA 4.3–2015 is
an industry-accepted test procedure for
measuring the performance of
commercial water heaters. In this final
rule, DOE incorporates by reference
sections of this test procedure that
address test set-up, instrumentation, test
conditions, and test conduct. ANSI
Z21.10.3–2015/CSA 4.3–2015 is
available on ANSI’s Web site at https://
webstore.ansi.org/RecordDetail.
aspx?sku=ANSI+Z21.10.3-2015%2fCSA
+4.3-2015.
ANSI/ASHRAE Standard 118.1–2012
is an industry-accepted test procedure
for measuring the performance of
commercial water heaters. ANSI/
ASHRAE 118.1–2012 is available on
ANSI’s Web site at https://webstore.
ansi.org/RecordDetail.aspx?sku=ANSI%
2FASHRAE+Standard+118.1-2012.
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ASTM C177–13 is an industryaccepted test procedure for determining
the R-value of a sample using a guardedhot-plate apparatus. ASTM C177–13 is
available on ASTM’s Web site at https://
www.astm.org/Standards/C177.htm.
ASTM C518–15 is an industryaccepted test procedure for determining
the R-value of a sample using a heat
flow meter apparatus. ASTM C518–15 is
available on ASTM’s Web site at https://
www.astm.org/Standards/C518.htm.
ASTM D2156–09 is an industryaccepted test procedure for determining
the smoke spot number of flue gases.
ASTM D2156–09 is available on
ASTM’s Web site at https://
www.astm.org/Standards/D2156.htm.
V. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this final rule.
List of Subjects
10 CFR Part 429
Confidential business information,
Energy conservation, Household
appliances, Imports, Reporting and
recordkeeping requirements.
10 CFR Part 430
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, Imports,
Intergovernmental relations, Small
businesses.
10 CFR Part 431
Administrative practice and
procedure, Confidential business
information, Incorporation by reference,
Test procedures, Reporting and
recordkeeping requirements.
Issued in Washington, DC, on October 21,
2016.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
For the reasons set forth in the
preamble, DOE amends parts 429, 430,
and 431 of chapter II, subchapter D of
title 10, Code of Federal Regulations, as
set forth below:
PART 429—CERTIFICATION,
COMPLIANCE, AND ENFORCEMENT
FOR CONSUMER PRODUCTS AND
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
1. The authority citation for part 429
continues to read as follows:
■
Authority: 42 U.S.C. 6291–6317; 28 U.S.C.
2461 note.
■
2. Section 429.44 is amended by:
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§ 429.44 Commercial water heating
equipment.
*
*
*
*
*
(b) Determination of represented
values for all types of commercial water
heaters except residential-duty
commercial water heaters.
Manufacturers must determine the
represented values, which includes the
certified ratings, for each basic model of
commercial water heating equipment
except residential-duty commercial
water heaters, either by testing, in
conjunction with the applicable
sampling provisions, or by applying an
AEDM as set forth in § 429.70.
(1) Units to be tested. If the
represented value for a given basic
model is determined through testing:
(i) The general requirements of
§ 429.11 apply; and
(ii) A sample of sufficient size must be
randomly selected and tested to ensure
that:
(A) Any represented value of energy
consumption or other measure of energy
use of a basic model for which
consumers would favor lower values
must be greater than or equal to the
higher of:
(1) The mean of the sample, where:
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¯
And, x is the sample mean; n is the
number of samples; and xi is the ith
sample; or,
(2) The upper 95-percent confidence
limit (UCL) of the true mean divided by
1.05, where:
¯
And x is the sample mean; s is the
sample standard deviation; n is the
number of samples; and t0.95 is the t
statistic for a 95-percent one-tailed
confidence interval with n-1 degrees of
freedom (from appendix A to subpart B
of this part). And,
(B) Any represented value of energy
efficiency or other measure of energy
consumption of a basic model for which
consumers would favor higher values
must be less than or equal to the lower
of:
(1) The mean of the sample, where:
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¯
And, x is the sample mean; n is the
number of samples; and xi is the ith
sample; or,
(2) The lower 95-percent confidence
limit (LCL) of the true mean divided by
0.95, where:
¯
And x is the sample mean; s is the
sample standard deviation; n is the
number of samples; and t0.95 is the t
statistic for a 95-percent one-tailed
confidence interval with n-1 degrees of
freedom (from appendix A to subpart B
of this part).
(2) Alternative efficiency
determination methods. In lieu of
testing, a represented value of efficiency
or consumption for a basic model must
be determined through the application
of an AEDM pursuant to the
requirements of § 429.70 and the
provisions of this section, where:
(i) Any represented value of energy
consumption or other measure of energy
use of a basic model for which
consumers would favor lower values
must be greater than or equal to the
output of the AEDM and less than or
equal to the Federal standard for that
basic model; and
(ii) Any represented value of energy
efficiency or other measure of energy
consumption of a basic model for which
consumers would favor higher values
must be less than or equal to the output
of the AEDM and greater than or equal
to the Federal standard for that basic
model.
(3) Rated input. The rated input for a
basic model reported in accordance
with paragraph (c)(2) of this section
must be the maximum rated input listed
on the nameplate for that basic model.
(c) Certification reports. For
commercial water heating equipment
other than residential-duty commercial
water heaters:
(1) The requirements of § 429.12
apply; and
(2) Pursuant to § 429.12(b)(13), a
certification report must include the
following public equipment-specific
information:
(i) Commercial electric storage water
heaters with storage capacity less than
or equal to 140 gallons: The standby loss
in percent per hour (%/h) and the
measured storage volume in gallons
(gal).
(ii) Commercial gas-fired and oil-fired
storage water heaters with storage
capacity less than or equal to 140
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gallons: The thermal efficiency in
percent (%), the standby loss in British
thermal units per hour (Btu/h), the rated
storage volume in gallons (gal), and the
rated input in British thermal units per
hour (Btu/h).
(iii) Commercial water heaters and hot
water supply boilers with storage
capacity greater than 140 gallons: The
thermal efficiency in percent (%);
whether the storage volume is greater
than 140 gallons (Yes/No); whether the
tank surface area is insulated with at
least R–12.5 (Yes/No); whether a
standing pilot light is used (Yes/No); for
gas or oil-fired water heaters, whether
the basic model has a fire damper or
fan-assisted combustion (Yes/No); and,
if applicable, pursuant to § 431.110 of
this chapter, the standby loss in British
thermal units per hour (Btu/h); the
measured storage volume in gallons
(gal); and the rated input in British
thermal units per hour (Btu/h).
(iv) Commercial gas-fired and oil-fired
instantaneous water heaters with storage
capacity greater than or equal to 10
gallons and gas-fired and oil-fired hot
water supply boilers with storage
capacity greater than or equal to 10
gallons: The thermal efficiency in
percent (%); the standby loss in British
thermal units per hour (Btu/h); the rated
storage volume in gallons (gal); the rated
input in British thermal units per hour
(Btu/h); whether the water heater
includes a storage tank with a storage
volume greater than or equal to 10
gallons (Yes/No). For equipment that
does not meet the definition of storagetype instantaneous water heaters (as set
forth in 10 CFR 431.102), in addition to
the requirements discussed previously
in this paragraph (c)(2)(iv), the
following must also be included in the
certification report: whether the
measured storage volume is determined
using weight-based test in accordance
with § 431.106 of this chapter or the
calculation-based method in accordance
with § 429.72; whether the water heater
will initiate main burner operation
based on a temperature-controlled call
for heating that is internal to the water
heater (Yes/No); whether the water
heater is equipped with an integral
pump purge functionality (Yes/No); if
the water heater is equipped with
integral pump purge, the default
duration of the pump off delay
(minutes).
(v) Commercial gas-fired and oil-fired
instantaneous water heaters with storage
capacity less than 10 gallons and gasfired and oil-fired hot water supply
boilers with storage capacity less than
10 gallons: The thermal efficiency in
percent (%); the rated storage volume in
gallons (gal), the rated input in British
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■
ER10NO16.009</GPH> ER10NO16.010</GPH>
a. Revising paragraphs (b) and (c);
b. Redesignating paragraph (d) as (e)
and revising newly redesignated
paragraph (e); and
■ c. Adding a reserved paragraph (d).
The revisions read as follows:
■
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thermal units per hour (Btu/h); and
whether the measured storage volume is
determined using weight-based test in
accordance with § 431.106 of this
chapter or the calculation-based method
in accordance with § 429.72.
(vi) Commercial unfired hot water
storage tanks: The thermal insulation
(i.e., R-value) and stored volume in
gallons (gal).
(3) Pursuant to § 429.12(b)(13), a
certification report must include the
following additional, equipmentspecific information:
(i) Whether the basic model is
engineered-to-order; and
(ii) For any basic model rated with an
AEDM, whether the manufacturer elects
the witness test option for verification
testing. (See § 429.70(c)(5)(iii) for
options.) However, the manufacturer
may not select more than 10 percent of
AEDM-rated basic models to be eligible
for witness testing.
(4) Pursuant to § 429.12(b)(13), a
certification report may include
supplemental testing instructions in
PDF format. If necessary to run a valid
test, the equipment-specific,
supplemental information must include
any additional testing and testing set-up
instructions (e.g., whether a bypass loop
was used for testing) for the basic model
and all other information (e.g.,
operational codes or overrides for the
control settings) necessary to operate the
basic model under the required
conditions specified by the relevant test
procedure. A manufacturer may also
include with a certification report other
supplementary items in PDF format for
DOE’s consideration in performing
testing under subpart C of this part. For
example, for oil-fired commercial water
heating equipment (other than
residential-duty commercial water
heaters): The allowable range for CO2
reading in percent (%) and the fuel
pump pressure in pounds per square
inch gauge (psig).
*
*
*
*
*
(e) Alternative methods for
determining efficiency or energy use for
commercial water heating equipment
can be found in § 429.70 of this subpart.
■ 3. Section 429.72 is amended by
adding paragraph (e) to read as follows:
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§ 429.72 Alternative methods for
determining non-energy ratings.
*
*
*
*
*
(e) Commercial gas-fired and oil-fired
instantaneous water heaters and hot
water supply boilers. The storage
volume of a commercial gas-fired or oilfired instantaneous water heater or a
commercial gas-fired or oil-fired hot
water supply boiler basic model may be
determined by performing a calculation
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of the stored water volume based upon
design drawings (including computeraided design (CAD) models) or physical
dimensions of the basic model. Any
value of storage volume of a basic model
reported to DOE in a certification of
compliance in accordance with
§ 429.44(c)(2)(iv) and (v) must be
calculated using the design drawings or
physical dimensions, or measured as
per the applicable provisions in the test
procedures in 10 CFR 431.106. The
storage volume determination must
include all water contained within the
water heater from the inlet connection
to the outlet connection(s). The storage
volume of water contained in the water
heater must then be computed in
gallons.
■ 4. Section 429.134 is amended by
adding paragraph (n) to read as follows:
§ 429.134 Product-specific enforcement
provisions.
*
*
*
*
*
(n) Commercial water heating
equipment other than residential-duty
commercial water heaters—(1)
Verification of fuel input rate. The fuel
input rate of each tested unit of the
basic model will be measured pursuant
to the test requirements of § 431.106 of
this chapter. The measured fuel input
rate (either the measured fuel input rate
for a single unit sample or the average
of the measured fuel input rates for a
multiple unit sample) will be compared
to the rated input certified by the
manufacturer. The certified rated input
will be considered valid only if the
measured fuel input rate is within two
percent of the certified rated input.
(i) If the certified rated input is found
to be valid, then the certified rated input
will serve as the basis for determination
of the appropriate equipment class and
calculation of the standby loss standard
(as applicable).
(ii) If the measured fuel input rate for
gas-fired commercial water heating
equipment is not within two percent of
the certified rated input, DOE will first
attempt to increase or decrease the gas
outlet pressure within 10 percent of the
value specified on the nameplate of the
model of commercial water heating
equipment being tested to achieve the
certified rated input (within 2 percent).
If the fuel input rate is still not within
two percent of the certified rated input,
DOE will attempt to increase or decrease
the gas supply pressure within the range
specified on the nameplate of the model
of commercial water heating equipment
being tested. If the measured fuel input
rate is still not within two percent of the
certified rated input, DOE will attempt
to modify the gas inlet orifice, if the unit
is equipped with one. If the measured
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fuel input rate still is not within two
percent of the certified rated input, the
measured fuel input rate will serve as
the basis for determination of the
appropriate equipment class and
calculation of the standby loss standard
(as applicable).
(iii) If the measured fuel input rate for
oil-fired commercial water heating
equipment is not within two percent of
the certified rated input, the measured
fuel input rate will serve as the basis for
determination of the appropriate
equipment class and calculation of the
standby loss standard (as applicable).
(2) [Reserved]
PART 430—ENERGY CONSERVATION
PROGRAM FOR CONSUMER
PRODUCTS
5. The authority citation for part 430
continues to read as follows:
■
Authority: 42 U.S.C. 6291–6309; 28 U.S.C.
2461 note.
6. Section 430.2 is amended by:
a. Removing the definition of ‘‘Electric
heat pump water heater’’;
■ b. Revising the definitions of ‘‘Electric
instantaneous water heater’’ and
‘‘Electric storage water heater’’;
■ c. Removing the definition of ‘‘Gasfired heat pump water heater’’; and
■ d. Revising the definitions of ‘‘Gasfired instantaneous water heater’’, ‘‘Gasfired storage water heater’’, ‘‘Oil-fired
instantaneous water heater’’, and ‘‘Oilfired storage water heater’’.
The revisions read as follows:
■
■
§ 430.2
Definitions.
*
*
*
*
*
Electric instantaneous water heater
means a water heater that uses
electricity as the energy source, has a
nameplate input rating of 12 kW or less,
and contains no more than one gallon of
water per 4,000 Btu per hour of input.
*
*
*
*
*
Electric storage water heater means a
water heater that uses electricity as the
energy source, has a nameplate input
rating of 12 kW or less, and contains
more than one gallon of water per 4,000
Btu per hour of input.
*
*
*
*
*
Gas-fired instantaneous water heater
means a water heater that uses gas as the
main energy source, has a nameplate
input rating less than 200,000 Btu/h,
and contains no more than one gallon of
water per 4,000 Btu per hour of input.
Gas-fired storage water heater means
a water heater that uses gas as the main
energy source, has a nameplate input
rating of 75,000 Btu/h or less, and
contains more than one gallon of water
per 4,000 Btu per hour of input.
*
*
*
*
*
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Oil-fired instantaneous water heater
means a water heater that uses oil as the
main energy source, has a nameplate
input rating of 210,000 Btu/h or less,
and contains no more than one gallon of
water per 4,000 Btu per hour of input.
Oil-fired storage water heater means a
water heater that uses oil as the main
energy source, has a nameplate input
rating of 105,000 Btu/h or less, and
contains more than one gallon of water
per 4,000 Btu per hour of input.
*
*
*
*
*
PART 431—ENERGY EFFICIENCY
PROGRAM FOR CERTAIN
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
7. The authority citation for part 431
continues to read as follows:
■
Authority: 42 U.S.C. 6291–6317; 28 U.S.C.
2461 note.
8. Section 431.102 is amended by:
a. Revising the section heading;
■ b. Adding in alphabetical order a
definition for ‘‘Air-source commercial
heat pump water heater;’’
■ c. Removing the definition of
‘‘ASTM–D–2156–80;’’
■ d. Adding in alphabetical order
definitions for ‘‘Coefficient of
performance,’’ ‘‘Commercial heat pump
water heater,’’ ‘‘Direct geo-exchange
commercial heat pump water heater,’’
‘‘Flow-activated instantaneous water
heater,’’ ‘‘Fuel input rate,’’ ‘‘Groundsource closed-loop commercial heat
pump water heater,’’ and ‘‘Ground
water-source commercial heat pump
water heater;’’
■ e. Revising the definition of ‘‘Hot
water supply boiler;’’
■ f. Adding in alphabetical order a
definition for ‘‘Indoor water-source
commercial heat pump water heater;’’
■ g. Revising the definition of
‘‘Instantaneous water heater;’’
■ h. Removing the definition of
‘‘Packaged boiler;’’
■ i. Adding in alphabetical order a
definition for ‘‘Rated input;’’
■ j. Revising the definitions of ‘‘Rvalue,’’ ‘‘Residential-duty commercial
water heater,’’ and ‘‘Standby loss,’’
■ k. Adding in alphabetical order a
definition for ‘‘Storage-type
instantaneous water heater;’’
and
■ l. Revising the definition of ‘‘Storage
water heater.’’
The revisions and additions read as
follows:
■
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■
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§ 431.102 Definitions concerning
commercial water heaters, hot water supply
boilers, unfired hot water storage tanks,
and commercial heat pump water heaters.
Air-source commercial heat pump
water heater means a commercial heat
pump water heater that utilizes indoor
or outdoor air as the heat source.
*
*
*
*
*
Coefficient of performance (COPh)
means the dimensionless ratio of the
rate of useful heat transfer gained by the
water (expressed in Btu/h), to the rate of
electric power consumed during
operation (expressed in Btu/h).
Commercial heat pump water heater
(CHPWH) means a water heater
(including all ancillary equipment such
as fans, blowers, pumps, storage tanks,
piping, and controls, as applicable) that
uses a refrigeration cycle, such as vapor
compression, to transfer heat from a
low-temperature source to a highertemperature sink for the purpose of
heating potable water, and has a rated
electric power input greater than 12 kW.
Such equipment includes, but is not
limited to, air-source heat pump water
heaters, water-source heat pump water
heaters, and direct geo-exchange heat
pump water heaters.
Direct geo-exchange commercial heat
pump water heater means a commercial
heat pump water heater that utilizes the
earth as a heat source and allows for
direct exchange of heat between the
earth and the refrigerant in the
evaporator coils.
Flow-activated instantaneous water
heater means an instantaneous water
heater or hot water supply boiler that
activates the burner or heating element
only if heated water is drawn from the
unit.
Fuel input rate means the maximum
measured rate at which gas-fired or oilfired commercial water heating
equipment uses energy as determined
using test procedures prescribed under
§ 431.106 of this part.
Ground-source closed-loop
commercial heat pump water heater
means a commercial heat pump water
heater that utilizes a fluid circulated
through a closed piping loop as a
medium to transfer heat from the
ground to the refrigerant in the
evaporator. The piping loop may be
buried inside the ground in horizontal
trenches or vertical bores, or submerged
in a surface water body.
Ground water-source commercial heat
pump water heater means a commercial
heat pump water heater that utilizes
ground water as the heat source.
Hot water supply boiler means a
packaged boiler (defined in § 431.82 of
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this part) that is industrial equipment
and that:
(1) Has a rated input from 300,000
Btu/h to 12,500,000 Btu/h and of at least
4,000 Btu/h per gallon of stored water;
(2) Is suitable for heating potable
water; and
(3) Meets either or both of the
following conditions:
(i) It has the temperature and pressure
controls necessary for heating potable
water for purposes other than space
heating; or
(ii) The manufacturer’s product
literature, product markings, product
marketing, or product installation and
operation instructions indicate that the
boiler’s intended uses include heating
potable water for purposes other than
space heating.
Indoor water-source commercial heat
pump water heater means a commercial
heat pump water heater that utilizes
indoor water as the heat source.
Instantaneous water heater means a
water heater that uses gas, oil, or
electricity, including:
(1) Gas-fired instantaneous water
heaters with a rated input both greater
than 200,000 Btu/h and not less than
4,000 Btu/h per gallon of stored water;
(2) Oil-fired instantaneous water
heaters with a rated input both greater
than 210,000 Btu/h and not less than
4,000 Btu/h per gallon of stored water;
and
(3) Electric instantaneous water
heaters with a rated input both greater
than 12 kW and not less than 4,000 Btu/
h per gallon of stored water.
*
*
*
*
*
Rated input means the maximum rate
at which commercial water heating
equipment is rated to use energy as
specified on the nameplate.
R-value means the thermal resistance
of insulating material as determined
using ASTM C177–13 or C518–15
(incorporated by reference; see
§ 431.105) and expressed in (°F·ft2·h/
Btu).
Residential-duty commercial water
heater means any gas-fired storage, oilfired storage, or electric instantaneous
commercial water heater that meets the
following conditions:
(1) For models requiring electricity,
uses single-phase external power
supply;
(2) Is not designed to provide outlet
hot water at temperatures greater than
180 °F; and
(3) Does not meet any of the following
criteria:
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Water heater type
Gas-fired Storage ...............
Oil-fired Storage .................
Electric Instantaneous ........
Indicator of non-residential application
Rated input >105 kBtu/h; Rated storage volume >120 gallons.
Rated input >140 kBtu/h; Rated storage volume >120 gallons.
Rated input >58.6 kW; Rated storage volume >2 gallons.
Standby loss means:
(1) For electric commercial water
heating equipment (not including
commercial heat pump water heaters),
the average hourly energy required to
maintain the stored water temperature
expressed as a percent per hour (%/h)
of the heat content of the stored water
above room temperature and
determined in accordance with
appendix B or D to subpart G of part 431
(as applicable), denoted by the term
‘‘S’’; or
(2) For gas-fired and oil-fired
commercial water heating equipment,
the average hourly energy required to
maintain the stored water temperature
expressed in British thermal units per
hour (Btu/h) based on a 70 °F
temperature differential between stored
water and ambient room temperature
and determined in accordance with
appendix A or C to subpart G of part 431
(as applicable), denoted by the term
‘‘SL.’’
Storage-type instantaneous water
heater means an instantaneous water
heater that includes a storage tank with
a storage volume greater than or equal
to 10 gallons.
Storage water heater means a water
heater that uses gas, oil, or electricity to
heat and store water within the
appliance at a thermostaticallycontrolled temperature for delivery on
demand, including:
(1) Gas-fired storage water heaters
with a rated input both greater than
75,000 Btu/h and less than 4,000 Btu/h
per gallon of stored water;
(2) Oil-fired storage water heaters
with a rated input both greater than
105,000 Btu/h and less than 4,000 Btu/
h per gallon of stored water; and
(3) Electric storage water heaters with
a rated input both greater than 12 kW
and less than 4,000 Btu/h per gallon of
stored water.
*
*
*
*
*
§ 431.104
[Removed]
9. Section 431.104 is removed.
■ 10. Section 431.105 is amended by
revising paragraph (b) and adding
paragraphs (c) and (d) to read as follows:
asabaliauskas on DSK3SPTVN1PROD with RULES
■
§ 431.105 Materials incorporated by
reference.
*
*
*
*
*
(b) ASHRAE. American Society of
Heating, Refrigerating and AirConditioning Engineers, 1791 Tullie
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Circle NE. Atlanta, GA 30329, (800)
527–4723, or go to https://
www.ashrae.org.
(1) ANSI/ASHRAE Standard 118.1–
2012, ‘‘Method of Testing for Rating
Commercial Gas, Electric, and Oil
Service Water-Heating Equipment,’’
approved by ASHRAE on October 26,
2012, IBR approved for appendix E to
this subpart, as follows:
(i) Section 3—Definitions and
Symbols;
(ii) Section 4—Classifications by
Mode of Operation (sections 4.4, and 4.5
only);
(iii) Section 6—Instruments (except
sections 6.3, 6.4 and 6.6);
(iv) Section 7—Apparatus (except
section 7.4, Figures 1 through 4, section
7.7.5, Table 2, and section 7.7.7.4);
(v) Section 8—Methods of Testing:
(A) Section 8.2—Energy Supply,
Section 8.2.1—Electrical Supply;
(B) Section 8.7—Water Temperature
Control;
(vi) Section 9—Test Procedures: 9.1—
Input Rating, Heating Capacity, Thermal
Efficiency, Coefficient of Performance
(COP), and Recovery Rating; 9.1.1—Full
Input Rating;
(vii) Section 10—Calculation of
Results: Section 10.3—Heat-Pump
Water Heater Water-Heating Capacity,
Coefficient of Performance (COP), and
Recovery Rating; Section 10.3.1—Type
IV and Type V Full-Capacity Test
Method.
(2) [Reserved]
(c) ASTM. ASTM International, 100
Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428–2959, (610)
832–9585, or go to https://www.astm.org.
(1) ASTM C177–13, ‘‘Standard Test
Method for Steady-State Heat Flux
Measurements and Thermal
Transmission Properties by Means of
the Guarded-Hot-Plate Apparatus,’’
approved September 15, 2013, IBR
approved for § 431.102.
(2) ASTM C518–15, ‘‘Standard Test
Method for Steady-State Thermal
Transmission Properties by Means of
the Heat Flow Meter Apparatus,’’
approved September 1, 2015, IBR
approved for § 431.102t.
(3) ASTM D2156–09 (Reapproved
2013), ‘‘Standard Test Method for
Smoke Density in Flue Gases from
Burning Distillate Fuels,’’ approved
October 1, 2013, IBR approved for
appendices A and C to this subpart.
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(d) CSA Group, 5060 Spectrum Way,
Suite 100, Mississauga, Ontario, Canada
L4W 5N6, 800–463–6727, or go to
https://www.csagroup.org/.
(1) ANSI Z21.10.3–2015 * CSA 4.3–
2015 (‘‘ANSI Z21.10.3–2015’’), ‘‘Gasfired water heaters, volume III, storage
water heaters with input ratings above
75,000 Btu per hour, circulating and
instantaneous,’’ approved by ANSI on
October 5, 2015, IBR approved for
appendices A, B, and C to this subpart,
as follows:
(i) Annex E (normative) Efficiency test
procedures—E.1—Method of test for
measuring thermal efficiency, paragraph
c—Vent requirements; and
(ii) Annex E (normative) Efficiency
test procedures—E.1—Method of test for
measuring thermal efficiency, paragraph
f—Installation of temperature sensing
means.
(2) [Reserved]
■ 11. Section 431.106 is revised to read
as follows:
§ 431.106 Uniform test method for the
measurement of energy efficiency of
commercial water heating equipment.
(a) Scope. This section contains test
procedures for measuring, pursuant to
EPCA, the energy efficiency of
commercial water heating equipment.
(b) Testing and calculations.
Determine the energy efficiency of
commercial water heating equipment by
conducting the applicable test
procedure(s):
(1) Residential-duty commercial water
heaters. Test in accordance with
appendix E to subpart B of part 430 of
this chapter.
(2) Commercial water heating
equipment other than residential-duty
commercial water heaters. Test in
accordance with the appropriate test
procedures in appendices to subpart G
of this part.
(i) Gas-fired and oil-fired storage
water heaters and storage-type
instantaneous water heaters. Test
according to appendix A to subpart G of
this part.
(ii) Electric storage water heaters and
storage-type instantaneous water
heaters. Test according to appendix B to
subpart G of this part.
(iii) Gas-fired and oil-fired
instantaneous water heaters and hot
water supply boilers (other than storagetype instantaneous water heaters). Test
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according to appendix C to subpart G of
this part.
(iv) Electric instantaneous water
heaters (other than storage-type
instantaneous water heaters). Test
according to appendix D to subpart G of
this part.
(v) Commercial heat pump water
heaters. Test according to appendix E to
subpart G of this part.
must make any representations with
respect to energy use or efficiency of
gas-fired and oil-fired storage water
heaters and storage-type instantaneous
water heaters in accordance with the
results of testing pursuant to this
appendix to demonstrate compliance
with the energy conservation standards
at 10 CFR 431.110.
§ 431.107
Determine the thermal efficiency and
standby loss (as applicable) in
accordance with the following sections
of this appendix. Certain sections
reference sections of Annex E.1 of ANSI
Z21.10.3–2015 (incorporated by
reference; see § 431.105). Where the
instructions contained in the sections
below conflict with instructions in
Annex E.1 of ANSI Z21.10.3–2015, the
instructions contained in this appendix
control.
[Removed]
12. Section 431.107 is removed.
■ 13. Add appendix A to subpart G of
part 431 to read as follows:
■
Appendix A to Subpart G of Part 431—
Uniform Test Method for the
Measurement of Thermal Efficiency
and Standby Loss of Gas-Fired and OilFired Storage Water Heaters and
Storage-Type Instantaneous Water
Heaters
asabaliauskas on DSK3SPTVN1PROD with RULES
Note: Prior to November 6, 2017,
manufacturers must make any
representations with respect to the
energy use or efficiency of the subject
commercial water heating equipment in
accordance with the results of testing
pursuant to this appendix or the
procedures in 10 CFR 431.106 that were
in place on January 1, 2016. On and
after November 6, 2017, manufacturers
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1. General
2. Test Set-Up
2.1. Placement of Water Heater. A
water heater for installation on
combustible floors must be placed on a
3⁄4-inch plywood platform supported by
three 2 x 4-inch runners. If the water
heater is for installation on
noncombustible floors, suitable
noncombustible material must be placed
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on the platform. When the use of the
platform for a large water heater is not
practical, the water heater may be
placed on any suitable flooring. A wallmounted water heater must be mounted
on a simulated wall section.
2.2. Installation of Temperature
Sensors. Inlet and outlet water piping
must be turned vertically downward
from the connections on the water
heater so as to form heat traps.
Temperature sensors for measuring
supply and outlet water temperatures
must be installed upstream from the
inlet heat trap piping and downstream
from the outlet heat trap piping,
respectively, in accordance with Figure
2.1, 2.2, or 2.3 (as applicable based on
the location of inlet and outlet piping
connections) of this section.
The water heater must meet the
requirements shown in Figure 2.1, 2.2,
or 2.3 (as applicable) at all times during
the conduct of the thermal efficiency
and standby loss tests. Any factorysupplied heat traps must be installed
per the installation instructions while
ensuring the requirements in Figure 2.1,
2.2, or 2.3 are met. All dimensions
specified in Figure 2.1, 2.2, and 2.3 and
in this section are measured from the
outer surface of the pipes and water
heater outer casing (as applicable).
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AD dimensions are In Inches
~cC~~======~
Wastewater
X
X
TsWT
ToWT
Tank
(when
used)
Expaosion Tank
Loeatlml of Temperature Season:
TSWT = Tempemture sensors in supply water line.
TOWT = Tempemture sensors in outlet water line.
Weighing
Scale
Figure 2.1. Set-up for thermal efficiency and standby loss test for water heaters equipped
with vertical (top) connections
Loeation ofT8Dip8l'llture Sensors:
Tswr =Temperature :sen&OrS in supply water line.
Towr -Temperature sensors in outlet water line.
All dimensions are in inches
TsWT
Waste water
X
Tank
(when
used)
FlowMeter
X
18
Wei&Jlinl
Scale
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Figure 2.2. Set-up for thermal efficiency and standby loss test for water heaters equipped
with vertical (bottom) connections
2.3 Installation of Temperature
Sensors for Measurement of Mean Tank
Temperature. Install temperature
sensors inside the tank for measurement
of mean tank temperature according to
the instructions in paragraph f of Annex
E.1 of ANSI Z21.10.3–2015
(incorporated by reference; see
§ 431.105). Calculate the mean tank
temperature as the average of the six
installed temperature sensors.
2.4. Piping Insulation. Insulate all
water piping external to the water heater
jacket, including heat traps and piping
that are installed by the manufacturer or
shipped with the unit, for at least 4 ft
of piping length from the connection at
the appliance, with material having an
R-value not less than 4 °F·ft2·h/Btu.
Ensure that the insulation does not
contact any appliance surface except at
the location where the pipe connections
penetrate the appliance jacket or
enclosure.
2.5. Temperature and Pressure Relief
Valve Insulation. If the manufacturer
has not provided a temperature and
pressure relief valve, one shall be
installed and insulated as specified in
section 2.4 of this appendix.
2.6. Vent Requirements. Follow the
requirements for venting arrangements
specified in paragraph c of Annex E.1 of
ANSI Z21.10.3–2015 (incorporated by
reference; see § 431.105).
2.7. Energy Consumption. Install
equipment that determines, within ± 1
percent:
2.7.1. The quantity and rate of fuel
consumed.
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2.7.2. The quantity of electricity
consumed by factory-supplied water
heater components.
3. Test Conditions
3.1. Water Supply
3.1.1. Water Supply Pressure. The
pressure of the water supply must be
maintained between 40 psi and the
maximum pressure specified by the
manufacturer of the unit being tested.
The accuracy of the pressure-measuring
devices must be within ± 1.0 pounds per
square inch (psi).
3.1.2. Water Supply Temperature.
During the steady-state verification
period and the thermal efficiency test,
the temperature of the supply water
must be maintained at 70 °F ± 2 °F.
3.1.3. Isolate the water heater using a
shutoff valve in the supply line with an
expansion tank installed in the supply
line downstream of the shutoff valve.
There must be no shutoff means
between the expansion tank and the
appliance inlet.
3.2. Gas Pressure for Gas-Fired
Equipment. The supply gas pressure
must be within the range specified by
the manufacturer on the nameplate of
the unit being tested. The difference
between the outlet pressure of the gas
appliance pressure regulator and the
value specified by the manufacturer on
the nameplate of the unit being tested
must not exceed the greater of: ± 10
percent of the nameplate value or ± 0.2
inches water column (in. w.c.). Obtain
the higher heating value of the gas
burned.
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3.3. Ambient Room Temperature.
During the soak-in period (as
applicable), the steady-state verification
period, the thermal efficiency test, and
the standby loss test, maintain the
ambient room temperature at 75 °F ± 10
°F at all times. Measure the ambient
room temperature at 1-minute intervals
during these periods, except for the
soak-in period. Measure the ambient
room temperature once before beginning
the soak-in period, and ensure no
actions are taken during the soak-in
period that would cause the ambient
room temperature to deviate from the
allowable range. Measure the ambient
room temperature at the vertical midpoint of the water heater and
approximately 2 feet from the water
heater jacket. Shield the sensor against
radiation. Calculate the average ambient
room temperature separately for the
thermal efficiency test and standby loss
test. During the thermal efficiency and
standby loss tests, the ambient room
temperature must not vary by more than
± 5.0 °F at any reading from the average
ambient room temperature.
3.4. Test Air Temperature. During the
steady-state verification period, the
thermal efficiency test, and the standby
loss test, the test air temperature must
not vary by more than ± 5 °F from the
ambient room temperature at any
reading. Measure the test air
temperature at 1-minute intervals
during these periods and at a location
within two feet of the air inlet of the
water heater or the combustion air
intake vent, as applicable. Shield the
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sensor against radiation. For units with
multiple air inlets, measure the test air
temperature at each air inlet, and
maintain the specified tolerance on
deviation from the ambient room
temperature at each air inlet. For units
without a dedicated air inlet, measure
the test air temperature within two feet
of any location on the water heater
where combustion air is drawn.
3.5. Maximum Air Draft. During the
steady-state verification period, the
thermal efficiency test, and the standby
loss test, the water heater must be
located in an area protected from drafts
of more than 50 ft/min. Prior to
beginning the steady-state verification
period and the standby loss test,
measure the air draft within three feet
of the jacket or enclosure of the water
heater to ensure this condition is met.
Ensure that no other changes that would
increase the air draft are made to the test
set-up or conditions during the conduct
of the tests.
3.6. Setting the Tank Thermostat.
Before starting the steady-state
verification period (as applicable) or
before the soak-in period (as applicable),
the thermostat setting must first be
obtained by starting with the water in
the system at 70 °F ± 2 °F. Set the
thermostat to ensure:
3.6.1. With the supply water
temperature set as per section 3.1.2 of
this appendix (i.e., 70 °F ± 2 °F), the
water flow rate can be varied so that the
outlet water temperature is constant at
70 °F ± 2 °F above the supply water
temperature while the burner is firing at
full firing rate; and
3.6.2. After the water supply is turned
off and the thermostat reduces the fuel
supply to a minimum, the maximum
water temperature measured by the
topmost tank temperature sensor (i.e.,
the highest of the 6 temperature sensors
used for calculating mean tank
temperature, as required by section 2.3
of this appendix) is 140 °F ± 5 °F.
3.7. Additional Requirements for OilFired Equipment.
3.7.1. Venting Requirements. Connect
a vertical length of flue pipe to the flue
gas outlet of sufficient height so as to
meet the minimum draft specified by
the manufacturer.
3.7.2. Oil Supply. Adjust the burner
rate so that the following conditions are
met:
3.7.2.1. The CO2 reading is within the
range specified by the manufacturer;
3.7.2.2. The fuel pump pressure is
within ± 10 percent of manufacturer’s
specifications;
3.7.2.3. If either the fuel pump
pressure or range for CO2 reading are
not specified by the manufacturer on the
nameplate of the unit, in literature
shipped with the unit, or in
supplemental test report instructions
included with a certification report,
then a default value of 100 psig is to be
used for fuel pump pressure, and a
default range of 9–12 percent is to be
used for CO2 reading; and
3.7.2.4. Smoke in the flue does not
exceed No. 1 smoke as measured by the
procedure in ASTM D2156–09
(Reapproved 2013) (incorporated by
reference, see § 431.105). To determine
the smoke spot number, connect the
smoke measuring device to an openended tube. This tube must project into
the flue 1⁄4 to 1⁄2 of the pipe diameter.
3.7.2.5. If no settings on the water
heater have been changed and the water
heater has not been turned off since the
end of a previously run thermal
efficiency or standby loss test,
measurement of the CO2 reading and
conduct of the smoke spot test are not
required prior to beginning a test.
Otherwise, measure the CO2 reading and
determine the smoke spot number, with
the burner firing, before the beginning of
the steady-state verification period prior
to the thermal efficiency test, and prior
to beginning the standby loss test.
3.8. Data Collection Intervals. Follow
the data recording intervals specified in
the following sections.
3.8.1. Soak-In Period. For units that
require a soak-in period, measure the
ambient room temperature, in °F, prior
to beginning the soak-in period.
3.8.2. Steady-State Verification Period
and Thermal Efficiency Test. For the
steady-state verification period and the
thermal efficiency test, follow the data
recording intervals specified in Table
3.1 of this appendix.
TABLE 3.1—DATA TO BE RECORDED BEFORE AND DURING THE STEADY-STATE VERIFICATION PERIOD AND THERMAL
EFFICIENCY TEST
Before
steady-state
verification
period
Gas supply pressure, in w.c. ............................................................................................................
Gas outlet pressure, in w.c. .............................................................................................................
Barometric pressure, in Hg ..............................................................................................................
Fuel higher heating value, Btu/ft3 (gas) or Btu/lb (oil) .....................................................................
Oil pump pressure, psig (oil only) ....................................................................................................
CO2 reading, % (oil only) .................................................................................................................
Oil smoke spot reading (oil only) .....................................................................................................
Air draft, ft/min ..................................................................................................................................
Time, minutes/seconds ....................................................................................................................
Fuel weight or volume, lb (oil) or ft3 (gas) .......................................................................................
Supply water temperature (TSWT), °F ..............................................................................................
Outlet water temperature (TOWT), °F ...............................................................................................
Ambient room temperature, °F .........................................................................................................
Test air temperature, °F ...................................................................................................................
Water flow rate, (gpm) .....................................................................................................................
asabaliauskas on DSK3SPTVN1PROD with RULES
Item recorded
X
X
X
X
X
Xb
Xb
X
......................
......................
......................
......................
......................
......................
......................
Every 1
minute a
X
......................
X
X
X
X
X
Every 10
minutes
Xc
Notes:
a These measurements are to be recorded at the start of the steady-state verification period and the end of the thermal efficiency test, as well
as every minute during both periods.
b The smoke spot test and CO reading are not required prior to beginning the steady-state verification period if no settings on the water heater
2
have been changed and the water heater has not been turned off since the end of a previously-run efficiency test (i.e., thermal efficiency or
standby loss).
c Fuel and electricity consumption over the course of the entire thermal efficiency test must be measured and used in calculation of thermal
efficiency.
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3.8.3. Standby Loss Test. For the
standby loss test, follow the data
recording intervals specified in Table
3.2 of this appendix. Additionally, the
fuel and electricity consumption over
the course of the entire test must be
79327
measured and used in calculation of
standby loss.
TABLE 3.2—DATA TO BE RECORDED BEFORE AND DURING THE STANDBY LOSS TEST
Item recorded
Before test
Every 1
minute a
Gas supply pressure, in w.c. ......................................................................................................................................
Gas outlet pressure, in w.c. ........................................................................................................................................
Barometric pressure, in Hg .........................................................................................................................................
Fuel higher heating value, Btu/ft 3 (gas) or Btu/lb (oil) ...............................................................................................
Oil pump pressure, psig (oil only) ..............................................................................................................................
CO2 reading, % (oil only) ............................................................................................................................................
Oil smoke spot reading (oil only) ................................................................................................................................
Air draft, ft/min ............................................................................................................................................................
Time, minutes/seconds ...............................................................................................................................................
Mean tank temperature, °F .........................................................................................................................................
Ambient room temperature, °F ...................................................................................................................................
Test air temperature, °F .............................................................................................................................................
X
X
X
X
X
Xb
Xb
X
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
X
Xc
X
X
4. Determination of Storage Volume.
Determine the storage volume by
subtracting the tare weight, measured
while the system is dry and empty, from
the weight of the system when filled
with water and dividing the resulting
net weight of water by the density of
water at the measured water
temperature. The volume of the water
contained in the water heater must be
computed in gallons.
5. Thermal Efficiency Test. Before
beginning the steady-state verification
period, record the applicable parameters
as specified in section 3.8.2 of this
appendix. Begin drawing water from the
unit by opening the main supply, and
adjust the water flow rate to achieve an
outlet water temperature of 70 °F ± 2 °F
above supply water temperature. The
thermal efficiency test shall be deemed
complete when there is a continuous,
one-hour-long period where the steadystate conditions specified in section 5.1
of this appendix have been met, as
confirmed by consecutive readings of
the relevant parameters recorded at 1minute intervals (except for fuel input
rate, which is determined at 10-minute
intervals, as specified in section 5.4 of
this appendix). During the one-hourlong period, the water heater must fire
continuously at its full firing rate (i.e.,
no modulations or cut-outs) and no
settings can be changed on the unit
being tested at any time. The first 30
minutes of the one-hour-period where
the steady-state conditions in section
5.1 of this appendix are met is the
steady-state verification period. The
final 30 minutes of the one-hour-period
where the steady-state conditions in
section 5.1 of this appendix are met is
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the thermal efficiency test. The last
reading of the steady-state verification
period must be the first reading of the
thermal efficiency test (i.e., the thermal
efficiency test starts immediately once
the steady-state verification period
ends).
5.1. Steady-State Conditions. The
following conditions must be met at
consecutive readings taken at 1-minute
intervals (except for fuel input rate, for
which measurements are taken at 10minute intervals) to verify the water
heater has achieved steady-state
operation during the steady-state
verification period and thermal
efficiency test.
5.1.1. The water flow rate must be
maintained within ± 0.25 gallons per
minute (gpm) of the initial reading at
the start of the steady-state verification
period;
5.1.2. Outlet water temperature must
be maintained at 70 °F ± 2 °F above
supply water temperature;
5.1.3. Fuel input rate must be
maintained within ± 2 percent of the
rated input certified by the
manufacturer;
5.1.4. The supply water temperature
must be maintained within ± 0.50 °F of
the initial reading at the start of the
steady-state verification period; and
5.1.5. The rise between the supply
and outlet water temperatures must be
maintained within ± 0.50 °F of its initial
value taken at the start of the steadystate verification period for units with
rated input less than 500,000 Btu/h, and
maintained within ± 1.00 °F of its initial
value for units with rated input greater
than or equal to 500,000 Btu/h.
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5.2. Water Flow Measurement.
Measure the total weight of water heated
during the 30-minute thermal efficiency
test with either a scale or a water flow
meter. With either method, the error of
measurement of weight of water heated
must not exceed 1 percent of the weight
of the total draw.
5.3. Determination of Fuel Input Rate.
During the steady-state verification
period and the thermal efficiency test,
record the fuel consumed at 10-minute
intervals. Calculate the fuel input rate
over each 10-minute period using the
equations in section 5.4 of this
appendix. The measured fuel input rates
for these 10-minute periods must not
vary by more than ± 2 percent between
any two readings. Determine the overall
fuel input rate using the fuel
consumption for the entire duration of
the thermal efficiency test.
5.4. Fuel Input Rate Calculation. To
calculate the fuel input rate, use the
following equation:
Where,
Q = Fuel input rate, expressed in Btu/h
Qs = Total fuel flow as metered, expressed in
ft3 for gas-fired equipment and lb for oilfired equipment
Cs = Correction applied to the heating value
of a gas H, when it is metered at
temperature and/or pressure conditions
other than the standard conditions for
which the value of H is based. Cs=1 for
oil-fired equipment.
H = Higher heating value of fuel, expressed
in Btu/ft3 for gas-fired equipment and
Btu/lb for oil-fired equipment.
t = Duration of measurement of fuel
consumption
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Notes:
a These measurements are to be recorded at the start and end of the test, as well as every minute during the test.
b The smoke spot test and CO reading are not required prior to beginning the standby loss test if no settings on the water heater have been
2
changed and the water heater has not been turned off since the end of a previously-run efficiency test (i.e., thermal efficiency or standby loss).
c Mean tank temperature is calculated as the average of the 6 tank temperature sensors, installed per section 2.3 of this appendix.
Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Rules and Regulations
asabaliauskas on DSK3SPTVN1PROD with RULES
Where,
K = 1.004 Btu/lb·°F, the nominal specific heat
of water at 105 °F
W = Total weight of water heated, expressed
in lb
q1 = Average supply water temperature,
expressed in °F
q2 = Average outlet water temperature,
expressed in °F
Q = Total fuel flow as metered, expressed in
ft3 for gas-fired equipment and lb for oilfired equipment.
Cs = Correction applied to the heating value
of a gas H, when it is metered at
temperature and/or pressure conditions
other than the standard conditions for
which the value of H is based. Cs=1 for
oil-fired equipment
H. = Higher heating value of the fuel,
expressed in Btu/ft3 for gas-fired
equipment and Btu/lb for oil-fired
equipment.
Ec = Electrical consumption of the water
heater and, when used, the test set-up
recirculating pump, expressed in Btu
Where,
DT3 = Average value of the mean tank
temperature minus the average value of
the ambient room temperature,
expressed in °F
DT4 = Final mean tank temperature measured
at the end of the test minus the initial
mean tank temperature measured at the
start of the test , expressed in °F
k = 8.25 Btu/gallon·°F, the nominal specific
heat of water
Va = Volume of water contained in the water
heater in gallons measured in accordance
with section 4 of this appendix
Et = Thermal efficiency of the water heater
determined in accordance with this
appendix, expressed in %
Ec = Electrical energy consumed by the water
heater during the duration of the test in
Btu
t = Total duration of the test in hours
Cs = Correction applied to the heating value
of a gas H, when it is metered at
temperature and/or pressure conditions
other than the standard conditions for
which the value of H is based. Cs=1 for
oil-fired equipment.
Qs = Total fuel flow as metered, expressed in
ft3 (gas) or lb (oil)
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6. Standby Loss Test
6.1. If no settings on the water heater
have changed and the water heater has
not been turned off since a previously
run thermal efficiency or standby loss
test, skip to section 6.3 of this appendix.
Otherwise, conduct the soak-in period
according to section 6.2 of this
appendix.
6.2. Soak-In Period. Conduct a soakin period, in which the water heater
must sit without any draws taking place
for at least 12 hours. Begin the soak-in
period after setting the tank thermostat
as specified in section 3.6 of this
appendix, and maintain these
thermostat settings throughout the soakin period.
6.3. Begin the standby loss test at the
first cut-out following the end of the
soak-in period (if applicable); or at a
cut-out following the previous thermal
efficiency or standby loss test (if
applicable). Allow the water heater to
remain in standby mode. Do not change
any settings on the water heater at any
point until measurements for the
standby loss test are finished. Begin
recording the applicable parameters
specified in section 3.8.3 of this
appendix.
6.4. At the second cut-out, record the
time and ambient room temperature,
and begin measuring the fuel and
electricity consumption. Record the
initial mean tank temperature and
initial ambient room temperature. For
the remainder of the test, continue
recording the applicable parameters
specified in section 3.8.3 of this
appendix.
6.5. Stop the test after the first cut-out
that occurs after 24 hours, or at 48
hours, whichever comes first.
6.6. Immediately after conclusion of
the standby loss test, record the total
fuel flow and electrical energy
consumption, the final ambient room
temperature, the duration of the standby
loss test, and if the test ends at 48 hours
without a cut-out, the final mean tank
temperature, or if the test ends after a
cut-out, the maximum mean tank
temperature that occurs after the cutout. Calculate the average of the
recorded values of the mean tank
temperature and of the ambient room
temperature taken at each measurement
interval, including the initial and final
values.
6.7. Standby Loss Calculation. To
calculate the standby loss, follow the
steps below:
6.7.1. The standby loss expressed as a
percentage (per hour) of the heat content
of the stored water above room
temperature must be calculated using
the following equation:
H = Higher heating value of fuel, expressed
in Btu/ft3 (gas) or Btu/lb (oil)
S = Standby loss, the average hourly energy
required to maintain the stored water
temperature expressed as a percentage of
the heat content of the stored water
above room temperature
Appendix B to Subpart G of Part 431—
Uniform Test Method for the
Measurement of Standby Loss of
Electric Storage Water Heaters and
Storage-Type Instantaneous Water
Heaters
6.7.2. The standby loss expressed in
Btu per hour must be calculated as
follows:
SL (Btu per hour) = S (% per hour) ×
8.25 (Btu/gal-°F) × Measured Volume
(gal) × 70 (°F).
Where, SL refers to the standby loss
of the water heater, defined as the
amount of energy required to maintain
the stored water temperature expressed
in Btu per hour
14. Add appendix B to subpart G of
part 431 to read as follows:
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Note: Prior to November 6, 2017,
manufacturers must make any
representations with respect to the
energy use or efficiency of the subject
commercial water heating equipment in
accordance with the results of testing
pursuant to this appendix or the
procedures in 10 CFR 431.106 that were
in place on January 1, 2016. On and
after November 6, 2017, manufacturers
must make any representations with
respect to energy use or efficiency of
electric storage water heaters and
storage-type instantaneous water heaters
in accordance with the results of testing
pursuant to this appendix to
demonstrate compliance with the
energy conservation standards at 10 CFR
431.110.
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5.5. Thermal Efficiency Calculation.
Thermal efficiency must be calculated
using data from the 30-minute thermal
efficiency test. Calculate thermal
efficiency, Et, using the following
equation:
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Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Rules and Regulations
1. General
Determine the standby loss in
accordance with the following sections
of this appendix. Certain sections
reference sections of Annex E.1 of ANSI
Z21.10.3–2015 (incorporated by
reference; see § 431.105). Where the
instructions contained in the sections
below conflict with instructions in
Annex E.1 of ANSI Z21.10.3–2015, the
instructions contained in this appendix
control.
asabaliauskas on DSK3SPTVN1PROD with RULES
2. Test Set-Up
2.1. Placement of Water Heater. A
water heater for installation on
combustible floors must be placed on a
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⁄ -inch plywood platform supported by
three 2 × 4-inch runners. If the water
heater is for installation on
noncombustible floors, suitable
noncombustible material must be placed
on the platform. When the use of the
platform for a large water heater is not
practical, the water heater may be
placed on any suitable flooring. A wallmounted water heater must be mounted
on a simulated wall section.
2.2. Installation of Temperature
Sensors. Inlet and outlet piping must be
turned vertically downward from the
connections on a tank-type water heater
so as to form heat traps. Temperature
sensors for measuring supply water
34
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79329
temperature must be installed upstream
of the inlet heat trap piping, in
accordance with Figure 2.1, 2.2, or 2.3
(as applicable) of this appendix.
The water heater must meet the
requirements shown in either Figure
2.1, 2.2, or 2.3 (as applicable) at all
times during the conduct of the standby
loss test. Any factory-supplied heat
traps must be installed per the
installation instructions while ensuring
the requirements in Figure 2.1, 2.2, or
2.3 are met. All dimensions specified in
Figure 2.1, 2.2, and 2.3 are measured
from the outer surface of the pipes and
water heater outer casing (as
applicable).
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All dimensions are in inches
X
TsWT
Tank
(when
used)
Expansion Tank
I
Loeadoa ofTemperatare Setuors:
Tswr -Temperature sensors in supply water llne.
Weighing
Scale
Figure 2.1. Set-up for standby loss test for electric storage water heaters equipped with
vertical (top) connections
AU dimensions are in inches
Loeatioa of Temperature Sensors:
TSWT =Temperature sensors in supply water line.
Pressure
Gauge
Flow Meter
Waste water
X
Tank
(when
used)
Expansion Tank
Weighing
Scale
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Figure 2.2. Set-up for standby loss test for electric storage water heaters equipped with
vertical (bottom) connections
2.3. Installation of Temperature
Sensors for Measurement of Mean Tank
Temperature. Install temperature
sensors inside the tank for measurement
of mean tank temperature according to
the instructions in paragraph f of Annex
E.1 of ANSI Z21.10.3–2015
(incorporated by reference; see
§ 431.105 rt). Calculate the mean tank
temperature as the average of the six
installed temperature sensors.
2.4. Piping Insulation. Insulate all
water piping external to the water heater
jacket, including heat traps and piping
that is installed by the manufacturer or
shipped with the unit, for at least 4 ft
of piping length from the connection at
the appliance, with material having an
R-value not less than 4 °F·ft2·h/Btu.
Ensure that the insulation does not
contact any appliance surface except at
the location where the pipe connections
penetrate the appliance jacket or
enclosure.
2.5. Temperature and Pressure Relief
Valve Insulation. If the manufacturer or
has not provided a temperature and
pressure relief valve, one shall be
installed and insulated as specified in
section 2.4 of this appendix.
2.6. Energy Consumption. Install
equipment that determines, within ± 1
percent, the quantity of electricity
consumed by factory-supplied water
heater components.
3. Test Conditions
3.1. Water Supply
3.1.1. Water Supply Pressure. The
pressure of the water supply must be
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maintained between 40 psi and the
maximum pressure specified by the
manufacturer of the unit being tested.
The accuracy of the pressure-measuring
devices must be within ± 1.0 pounds per
square inch (psi).
3.1.2. Water Supply Temperature.
When filling the tank with water prior
to the soak-in period, maintain the
supply water temperature at 70 °F ±
2 °F.
3.1.3. Isolate the water heater using a
shutoff valve in the supply line with an
expansion tank installed in the supply
line downstream of the shutoff valve.
There must be no shutoff means
between the expansion tank and the
appliance inlet.
3.2. Electrical Supply. Maintain the
electrical supply voltage to within ± 5
percent of the voltage specified on the
water heater nameplate. If a voltage
range is specified on the nameplate,
maintain the voltage to within ± 5
percent of the center of the voltage range
specified on the nameplate.
3.3. Ambient Room Temperature.
During the soak-in period and the
standby loss test, maintain the ambient
room temperature at 75 °F ± 10 °F at all
times. Measure the ambient room
temperature at 1-minute intervals
during these periods, except for the
soak-in period. Measure the ambient
room temperature once before beginning
the soak-in period, and ensure no
actions are taken during the soak-in
period that would cause the ambient
room temperature to deviate from the
allowable range. Measure the ambient
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79331
room temperature at the vertical midpoint of the water heater and
approximately 2 feet from the water
heater jacket. Shield the sensor against
radiation. Calculate the average ambient
room temperature for the standby loss
test. During the standby loss test, the
ambient room temperature must not
vary by more than ± 5.0 °F at any
reading from the average ambient room
temperature.
3.4. Maximum Air Draft. During the
standby loss test, the water heater must
be located in an area protected from
drafts of more than 50 ft/min. Prior to
beginning the standby loss test, measure
the air draft within three feet of the
jacket of the water heater to ensure this
condition is met. Ensure that no other
changes that would increase the air draft
are made to the test set-up or conditions
during the conduct of the test.
3.5. Setting the Tank Thermostat(s).
Before starting the required soak-in
period, the thermostat setting(s) must
first be obtained as explained in the
following sections. The thermostat
setting(s) must be obtained by starting
with the tank full of water at 70 °F ± 2
°F. After the tank is completely filled
with water at 70 °F ± 2 °F, turn off the
water flow, and set the thermostat(s) as
follows.
3.5.1. For water heaters with a single
thermostat, the thermostat setting must
be set so that the maximum mean tank
temperature after cut-out is 140 °F ± 5
°F.
3.5.2. For water heaters with multiple
adjustable thermostats, set only the
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Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Rules and Regulations
topmost and bottommost thermostats,
and turn off any other thermostats for
the duration of the standby loss test. Set
the topmost thermostat first to yield a
maximum mean water temperature after
cut-out of 140 °F ± 5 °F, as calculated
using only the temperature readings
measured at locations in the tank higher
than the heating element corresponding
to the topmost thermostat (the
lowermost heating element
corresponding to the topmost thermostat
if the thermostat controls more than one
element). While setting the topmost
thermostat, all lower thermostats must
be turned off so that no elements below
that (those) corresponding to the
topmost thermostat are in operation.
After setting the topmost thermostat, set
the bottommost thermostat to yield a
maximum mean water temperature after
cut-out of 140 °F ± 5 °F. When setting
the bottommost thermostat, calculate
the mean tank temperature using all the
temperature sensors installed in the
tank as per section 2.3 of this appendix.
3.6. Data Collection Intervals. Follow
the data recording intervals specified in
the following sections.
3.6.1. Soak-In Period. Measure the
ambient room temperature, in °F, every
minute during the soak-in period.
3.6.2. Standby Loss Test. Follow the
data recording intervals specified in
Table 3.1 of this appendix.
Additionally, the electricity
consumption over the course of the
entire test must be measured and used
in calculation of standby loss.
TABLE 3.1—DATA TO BE RECORDED BEFORE AND DURING THE STANDBY LOSS TEST
Item recorded
Before test
Every 1
minute a
Air draft, ft/min ............................................................................................................................................................
Time, minutes/seconds ...............................................................................................................................................
Mean tank temperature, °F .........................................................................................................................................
Ambient room temperature, °F ...................................................................................................................................
X
......................
......................
......................
......................
X
Xb
X
Notes:
a These measurements are to be recorded at the start and end of the test, as well as every minute during the test.
b Mean tank temperature is calculated as the average of the 6 tank temperature sensors, installed per section 2.3 of this appendix.
5. Standby Loss Test
5.1. If no settings on the water heater
have changed and the water heater has
not been turned off since a previously
run standby loss test, skip to section 5.3
of this appendix. Otherwise, conduct
the soak-in period according to section
5.2 of this appendix.
5.2. Soak-In Period. Conduct a soakin period, in which the water heater
must sit without any draws taking place
for at least 12 hours. Begin the soak-in
period after setting the tank
thermostat(s) as specified in section 3.5
of this appendix, and maintain these
settings throughout the soak-in period.
5.3. Begin the standby loss test at the
first cut-out following the end of the
soak-in period (if applicable), or at a
cut-out following the previous standby
loss test (if applicable). Allow the water
heater to remain in standby mode. At
this point, do not change any settings on
the water heater until measurements for
the standby loss test are finished. Begin
recording applicable parameters as
specified in section 3.6.2 of this
appendix.
5.4. At the second cut-out, record the
time and ambient room temperature,
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and begin measuring the electric
consumption. Record the initial mean
tank temperature and initial ambient
room temperature. For the remainder of
the test, continue recording the
applicable parameters specified in
section 3.6.2 of this appendix.
5.5. Stop the test after the first cut-out
that occurs after 24 hours, or at 48
hours, whichever comes first.
5.6. Immediately after conclusion of
the standby loss test, record the total
electrical energy consumption, the final
ambient room temperature, the duration
of the standby loss test, and if the test
ends at 48 hours without a cut-out, the
final mean tank temperature, or if the
test ends after a cut-out, the maximum
mean tank temperature that occurs after
the cut-out. Calculate the average of the
recorded values of the mean tank
temperature and of the ambient air
temperatures taken at each
measurement interval, including the
initial and final values.
5.7. Standby Loss Calculation. To
calculate the standby loss, follow the
steps below:
5.7.1 The standby loss expressed as a
percentage (per hour) of the heat content
of the stored water above room
temperature must be calculated using
the following equation:
Where,
DT3 = Average value of the mean tank
temperature minus the average value of
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the ambient room temperature,
expressed in °F
DT4 = Final mean tank temperature measured
at the end of the test minus the initial
mean tank temperature measured at the
start of the test, expressed in °F
k = 8.25 Btu/gallon·°F, the nominal specific
heat of water
Va = Volume of water contained in the water
heater in gallons measured in accordance
with section 4 of this appendix
Et = Thermal efficiency = 98 percent for
electric water heaters with immersed
heating elements
Ec = Electrical energy consumed by the water
heater during the duration of the test in
Btu
t = Total duration of the test in hours
S = Standby loss, the average hourly energy
required to maintain the stored water
temperature expressed as a percentage of
the heat content of the stored water
above room temperature
15. Add appendix C to subpart G of
part 431 to read as follows:
■
Appendix C to Subpart G of Part 431—
Uniform Test Method for the
Measurement of Thermal Efficiency
and Standby Loss of Gas-Fired and OilFired Instantaneous Water Heaters and
Hot Water Supply Boilers (Other Than
Storage-Type Instantaneous Water
Heaters)
Note: Prior to November 6, 2017,
manufacturers must make any
representations with respect to the energy
use or efficiency of the subject commercial
water heating equipment in accordance with
the results of testing pursuant to this
appendix or the procedures in 10 CFR
431.106 that were in place on January 1,
2016. On and after November 6, 2017,
manufacturers must make any
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asabaliauskas on DSK3SPTVN1PROD with RULES
4. Determination of Storage Volume.
Determine the storage volume by
subtracting the tare weight, measured
while the system is dry and empty, from
the weight of the system when filled
with water and dividing the resulting
net weight of water by the density of
water at the measured water
temperature. The volume of water
contained in the water heater must be
computed in gallons.
Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Rules and Regulations
representations with respect to energy use or
efficiency of gas-fired and oil-fired
instantaneous water heaters and hot water
supply boilers (other than storage-type
instantaneous water heaters) in accordance
with the results of testing pursuant to this
appendix to demonstrate compliance with
the energy conservation standards at 10 CFR
431.110.
1. General
asabaliauskas on DSK3SPTVN1PROD with RULES
Determine the thermal efficiency and
standby loss (as applicable) in
accordance with the following sections
of this appendix. Certain sections
reference sections of Annex E.1 of ANSI
Z21.10.3–2015 (incorporated by
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reference; see § 431.105). Where the
instructions contained in the sections
below conflict with instructions in
Annex E.1 of ANSI Z21.10.3–2015, the
instructions contained in this appendix
control.
2. Test Set-Up
2.1. Placement of Water Heater. A
water heater for installation on
combustible floors must be placed on a
3⁄4-inch plywood platform supported by
three 2 x 4-inch runners. If the water
heater is for installation on
noncombustible floors, suitable
noncombustible material must be placed
on the platform. When the use of the
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79333
platform for a large water heater is not
practical, the water heater may be
placed on any suitable flooring. A wallmounted water heater must be mounted
on a simulated wall section.
2.2. Test Configuration. If the
instantaneous water heater or hot water
supply boiler is not required to be tested
using a recirculating loop, then set up
the unit in accordance with Figures 2.1,
2.2, or 2.3 of this appendix (as
applicable). If the unit is required to be
tested using a recirculating loop, then
set up the unit as per Figure 2.4 of this
appendix.
BILLING CODE 6450–01–P
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Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Rules and Regulations
AI dimensions are in inches
lis
Outlet Water
Valve
~cC~~==~==~
~
Main Water
Supply
Waste
water
10 (max)
ToWT
Taok
(when
used)
Expansion Taok
LomleD ofTemperature Seasws:
TIWl = Temperalln sensors in supply water line.
TOWT = Temperature sensors in outlet water line.
TOIIX - Temperarure setiSiOI"S at the outlet to the heat exchanger.
Weighing
Scale
Figure 2.1. Set-up for thermal efficiency and standby loss test for gas-fired and oil-fired
instantaneous water heaters and hot water supply boilers (other than storage-type
instantaneous water heaters) equipped with vertical (top) connections not requiring a
recirculating loop.
I All dimensions are in inches
ToWT
TsWT
Pressure
Gauge
10 (max)
~cC~~==~==~
Outlet Water
Waste water
X
Valve
Tank
X
18
Expansion Tank
(when
used)
Loeatioa ofTemperatare Season:
TSWT = Temperature sensors in supply water line.
TOWT =Temperature sensors in outlet water line.
TOHX = Temperature sensors at the outlet to the heat exchanger.
Weighing
Figure 2.2. Set-up for thermal efficiency and standby loss test for gas-fired and oil-fired
instantaneous water heaters and hot water supply boilers (other than storage-type
instantaneous water heaters) equipped with vertical (bottom) connections not requiring a
recirculating loop.
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Scale
Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Rules and Regulations
79335
All dimensions are in inches
LoeationofTemperature Seuors:
TSWT -Temperature sensors in supply water line.
ToWT =Temperature sensors in outlet water line.
ToHX = Temperature seusors at the outlet to the heat exchanger.
Outlet Water
Valve
.--ce~~~~~~
Waste water
IO(max
24ormax
possible,
ToWT
Tank
Flow
whichever
is lower
lfP===:::(;:ll;;lt::l_p.--
(when
used)
Main Water
Supply
Weighing
Scale
Expansion Tank
Figure 2.3. Set-up for thermal efficiency and standby loss test for gas-fired and oil-fired
instantaneous water heaters and hot water supply boilers (other than storage-type
instantaneous water heaters) equipped with horizontal connections not requiring a
recirculating loop.
I All dimensions are in inches
::::::CO==C::::J::=t:J=[:::::J::J .....
Waste Water
Pressure
Gauge
24
Tank
(when
used)
Inlet
Flow
Water Meter (when used)
Weighing
Scale
Pump
Location of Temperature Sensors:
T SWT =Temperature sensors in supply water line.
T0 WT = Temperature sensors in outlet water line.
Tp =Temperature sensors in flue.
T0 =Temperature sensors in gas line.
TIWT =Temperature sensors in inlet water line.
T0 HX =Temperature sensors at the outlet to the heat exchanger.
Figure 2.4. Set-up for thermal efficiency and standby loss test for gas-fired and oil-fired
instantaneous water heaters and hot water supply boilers (other than storage-type
instantaneous water heaters) requiring a recirculating loop for testing.
2.2.1. If the instantaneous water
heater or hot water supply boiler does
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not have any external piping, install an
outlet water valve within 10 inches of
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piping length of the water heater jacket
or enclosure. If the instantaneous water
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asabaliauskas on DSK3SPTVN1PROD with RULES
Legend:
PRV- Pressure Relief Valve
OWV- Outlet Water Valve
79336
Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Rules and Regulations
asabaliauskas on DSK3SPTVN1PROD with RULES
heater or hot water supply boiler
includes external piping assembled at
the manufacturer’s premises prior to
shipment, install water valves in the
outlet piping within 5 inches of the end
of the piping supplied with the unit.
2.2.2. If the water heater is not able to
achieve an outlet water temperature of
70 °F ± 2 °F (TOWT) above the supply
water temperature at full firing rate, a
recirculating loop with pump as shown
in Figure 2.4 of this appendix must be
used.
2.2.2.1. If a recirculating loop with a
pump is used, then ensure that the inlet
water temperature labeled as TIWT in
Figure 2.4 of this appendix, is greater
than or equal to 70 °F and less than or
equal to 120 °F at all times during the
thermal efficiency test and steady-state
verification period (as applicable).
2.3. Installation of Temperature Sensors
2.3.1. Without Recirculating Loop.
2.3.1.1. Vertical Connections. Use
Figure 2.1 (for top connections) and 2.2
(for bottom connections) of this
appendix.
2.3.1.2. Horizontal Connections. Use
Figure 2.3 of this appendix.
2.3.2. With Recirculating Loop. Set up
the recirculating loop as shown in
Figure 2.4 of this appendix.
2.3.3. For water heaters with multiple
outlet water connections leaving the
water heater jacket that are required to
be operated to achieve the rated input,
temperature sensors must be installed
for each outlet water connection leaving
the water heater jacket or enclosure that
is used during testing, in accordance
with the provisions in sections 2.3.1 and
2.3.2 of this appendix (as applicable).
2.4. Piping Insulation. Insulate all
water piping external to the water heater
jacket or enclosure, including piping
that is installed by the manufacturer or
shipped with the unit, for at least 4 ft
of piping length from the connection at
the appliance with material having an
R-value not less than 4 °F·ft2·h/Btu.
Ensure that the insulation does not
contact any appliance surface except at
the location where the pipe connections
penetrate the appliance jacket or
enclosure.
2.5. Temperature and Pressure Relief
Valve Insulation. If the manufacturer
has not provided a temperature and
pressure relief valve, one shall be
installed and insulated as specified in
section 2.4 of this appendix. The
temperature and pressure relief valve
must be installed in the outlet water
piping, between the unit being tested
and the outlet water valve.
2.6. Vent Requirements. Follow the
requirements for venting arrangements
specified in paragraph c of Annex E.1 of
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ANSI Z21.10.3–2015 (incorporated by
reference; see § 431.105).
2.7. Energy Consumption. Install
equipment that determines, within ± 1
percent:
2.7.1. The quantity and rate of fuel
consumed.
2.7.2. The quantity of electricity
consumed by factory-supplied water
heater components, and of the test loop
recirculating pump, if used.
3. Test Conditions
3.1. Water Supply
3.1.1. Water Supply Pressure. The
pressure of the water supply must be
maintained between 40 psi and the
maximum pressure specified by the
manufacturer of the unit being tested.
The accuracy of the pressure-measuring
devices must be within ± 1.0 psi.
3.1.2. Water Supply Temperature.
During the thermal efficiency test and
steady-state verification period (as
applicable), the temperature of the
supply water (TSWT) must be maintained
at 70 °F ± 2 °F.
3.2. Gas Pressure for Gas-Fired
Equipment. The supply gas pressure
must be within the range specified by
the manufacturer on the nameplate of
the unit being tested. The difference
between the outlet pressure of the gas
appliance pressure regulator and the
value specified by the manufacturer on
the nameplate of the unit being tested
must not exceed the greater of: ± 10
percent of the nameplate value or ± 0.2
inches water column (in. w.c.). Obtain
the higher heating value of the gas
burned.
3.3. Ambient Room Temperature.
Maintain the ambient room temperature
at 75 °F ± 10 °F at all times during the
steady-state verification period, the
thermal efficiency test, and the standby
loss test (as applicable). Measure the
ambient room temperature at 1-minute
intervals during these periods. Measure
the ambient room temperature at the
vertical mid-point of the water heater
and approximately 2 feet from the water
heater jacket or enclosure. Shield the
sensor against radiation. Calculate the
average ambient room temperature
separately for the thermal efficiency test
and the standby loss test. During the
thermal efficiency and standby loss
tests, the ambient room temperature
must not vary by more than ± 5.0 °F at
any reading from the average ambient
room temperature.
3.4. Test Air Temperature. During the
steady-state verification period, the
thermal efficiency test, and the standby
loss test (as applicable), the test air
temperature must not vary by more than
± 5 °F from the ambient room
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temperature at any reading. Measure the
test air temperature at 1-minute
intervals during these periods and at a
location within two feet of the air inlet
of the water heater or the combustion air
intake vent, as applicable. Shield the
sensor against radiation. For units with
multiple air inlets, measure the test air
temperature at each air inlet, and
maintain the specified tolerance on
deviation from the ambient room
temperature at each air inlet. For units
without a dedicated air inlet, measure
the test air temperature within two feet
of any location on the water heater
where combustion air is drawn.
3.5. Maximum Air Draft. During the
steady-state verification period, the
thermal efficiency test, and the standby
loss test (as applicable), the water heater
must be located in an area protected
from drafts of more than 50 ft/min. Prior
to beginning the steady-state verification
period and the standby loss test,
measure the air draft within three feet
of the jacket or enclosure of the water
heater to ensure this condition is met.
Ensure that no other changes that would
increase the air draft are made to the test
set-up or conditions during the conduct
of the tests.
3.6. Primary Control
3.6.1. Thermostatically-Activated
Water Heaters With an Internal
Thermostat. Before starting the thermal
efficiency test and the standby loss test
(unless the thermostat is already set
before the thermal efficiency test), the
thermostat setting must be obtained. Set
the thermostat to ensure:
3.6.1.1. With supply water
temperature set as per section 3.1.2 of
this appendix (i.e., 70 °F ± 2 °F) the
water flow rate can be varied so that the
outlet water temperature is constant at
70 °F ± 2 °F above the supply water
temperature, while the burner is firing
at full firing rate; and
3.6.1.2. After the water supply is
turned off and the thermostat reduces
the fuel supply to a minimum, the
maximum heat exchanger outlet water
temperature (TOHX) is 140 °F ± 5 °F.
3.6.1.3. If the water heater includes a
built-in safety mechanism that prevents
it from achieving a heat exchanger
outlet water temperature of 140 °F ±
5 °F, adjust the thermostat to its
maximum setting.
3.6.2. Flow-Activated Instantaneous
Water Heaters and ThermostaticallyActivated Instantaneous Water Heaters
With an External Thermostat. Energize
the primary control such that it is
always calling for heating and the
burner is firing at the full firing rate.
Maintain the supply water temperature
as per section 3.1.2 of this appendix
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Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Rules and Regulations
(i.e., 70 °F ± 2 °F). Set the control so that
the outlet water temperature (TOWT) is
140 °F ± 5 °F. If the water heater
includes a built-in safety mechanism
that prevents it from achieving a heat
exchanger outlet water temperature of
140 °F ± 5 °F, adjust the control to its
maximum setting.
3.7. Units With Multiple Outlet Water
Connections
3.7.1. For each connection leaving the
water heater that is required for the unit
to achieve the rated input, the outlet
water temperature must not differ from
that of any other outlet water
connection by more than 2 °F during the
steady-state verification period and
thermal efficiency test.
3.7.2. Determine the outlet water
temperature representative for the entire
unit at every required measurement
interval by calculating the average of the
outlet water temperatures measured at
each connection leaving the water
heater jacket or enclosure that is used
during testing. Use the outlet water
temperature representative for the entire
unit in all calculations for the thermal
efficiency and standby loss tests, as
applicable.
3.8. Additional Requirements for OilFired Equipment.
3.8.1. Venting Requirements. Connect
a vertical length of flue pipe to the flue
gas outlet of sufficient height so as to
meet the minimum draft specified by
the manufacturer.
3.8.2. Oil Supply. Adjust the burner
rate so that the following conditions are
met:
3.8.2.1. The CO2 reading is within the
range specified by the manufacturer;
3.8.2.2. The fuel pump pressure is
within ± 10 percent of manufacturer’s
specifications;
3.8.2.3. If either the fuel pump
pressure or range for CO2 reading are
not specified by the manufacturer on the
nameplate of the unit, in literature
shipped with the unit, or in
supplemental test report instructions
included with a certification report,
then a default value of 100 psig is to be
used for fuel pump pressure, and a
default range of 9–12 percent is to be
used for CO2 reading; and
3.8.2.4. Smoke in the flue does not
exceed No. 1 smoke as measured by the
procedure in ASTM D2156–09
(Reapproved 2013) (incorporated by
reference, see § 431.105). To determine
the smoke spot number, the smoke
measuring device shall be connected to
an open-ended tube. This tube must
project into the flue 1⁄4 to 1⁄2 of the pipe
diameter.
3.8.2.5. If no settings on the water
heater have been changed and the water
heater has not been turned off since the
79337
end of a previously run thermal
efficiency (or standby loss test for
thermostatically-activated instantaneous
water heaters with an internal
thermostat), measurement of the CO2
reading and conduct of the smoke spot
test are not required prior to beginning
a test. Otherwise, measure the CO2
reading and determine the smoke spot
number, with the burner firing, before
beginning measurements for the steadystate verification period (prior to
beginning the thermal efficiency test or
standby loss test, as applicable).
However, measurement of the CO2
reading and conduct of the smoke spot
test are not required for the standby loss
test for thermostatically-activated
instantaneous water heaters with an
external thermostat and flow-activated
instantaneous water heaters.
3.9. Data Collection Intervals. Follow
the data recording intervals specified in
the following sections.
3.9.1. Steady-State Verification Period
and Thermal Efficiency Test. For the
steady-state verification period and the
thermal efficiency test, follow the data
recording intervals specified in Table
3.1 of this appendix. These data
recording intervals must also be
followed if conducting a steady-state
verification period prior to conducting
the standby loss test.
TABLE 3.1—DATA TO BE RECORDED BEFORE AND DURING THE STEADY-STATE VERIFICATION PERIOD AND THERMAL
EFFICIENCY TEST
Before
steady-state
verification
period
Every 1
minute a
Every 10
minutes
Gas supply pressure, in w.c. ............................................................................................................
Gas outlet pressure, in w.c. .............................................................................................................
Barometric pressure, in Hg ..............................................................................................................
Fuel higher heating value, Btu/ft 3 (gas) or Btu/lb (oil) ....................................................................
Oil pump pressure, psig (oil only) ....................................................................................................
CO2 reading, % (oil only) .................................................................................................................
Oil smoke spot reading (oil only) .....................................................................................................
Air draft, ft/min ..................................................................................................................................
Time, minutes/seconds ....................................................................................................................
Fuel weight or volume, lb (oil) or ft 3 (gas) ......................................................................................
Supply water temperature (TSWT), °F ..............................................................................................
Inlet water temperature (TIWT), °F ...................................................................................................
Outlet water temperature (TOWT), °F ...............................................................................................
Ambient room temperature, °F .........................................................................................................
Test air temperature, °F ...................................................................................................................
Water flow rate, gpm ........................................................................................................................
asabaliauskas on DSK3SPTVN1PROD with RULES
Item recorded
X
X
X
X
X
Xb
Xb
X
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
X
......................
X
Xd
X
X
X
X
......................
......................
......................
......................
......................
......................
......................
......................
......................
Xc
......................
......................
......................
......................
......................
......................
Notes:
a These measurements are to be recorded at the start and end of both the steady-state verification period and the thermal efficiency test, as
well as every minute during both periods.
b The smoke spot test and CO reading are not required prior to beginning the steady-state verification period if no settings on the water heater
2
have been changed and the water heater has not been turned off since the end of a previously-run efficiency test (i.e., thermal efficiency or
standby loss).
c Fuel and electricity consumption over the course of the entire thermal efficiency test must be measured and used in calculation of thermal efficiency.
d Only measured when a recirculating loop is used.
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3.9.2. Standby Loss Test. For the
standby loss test, follow the data
recording intervals specified in Table
3.2 of this appendix. (Follow the data
recording intervals specified in Table
3.1 of this appendix of the steady-state
verification period, if conducted prior to
the standby loss test.) Additionally, the
fuel and electricity consumption over
the course of the entire test must be
measured and used in calculation of
standby loss.
TABLE 3.2—DATA TO BE RECORDED BEFORE AND DURING THE STANDBY LOSS TEST
Item recorded
Before test
Every 1
minute a
Gas supply pressure, in w.c. ..................................................................................................................................
Gas outlet pressure, in w.c. ....................................................................................................................................
Barometric pressure, in Hg .....................................................................................................................................
Fuel higher heating value, Btu/ft 3 (gas) or Btu/lb (oil) ...........................................................................................
Oil pump pressure, psig (oil only) ...........................................................................................................................
Air draft, ft/min ........................................................................................................................................................
Time, minutes/seconds ...........................................................................................................................................
Heat exchanger outlet water temperature (TOHX), °F ............................................................................................
Ambient room temperature, °F ...............................................................................................................................
Test air temperature, °F ..........................................................................................................................................
Water flow rate, gpm ..............................................................................................................................................
Inlet water temperature (TIWT), °F ..........................................................................................................................
X
X
X
X
X
X
......................
......................
......................
......................
Xb
Xb
......................
......................
......................
......................
......................
......................
X
X
X
X
......................
......................
4. Determination of Storage Volume.
Determine the storage volume by
subtracting the tare weight, measured
while the system is dry and empty, from
the weight of the system when filled
with water and dividing the resulting
net weight of water by the density of
water at the measured water
temperature. The volume of water
contained in the water heater must be
computed in gallons.
5. Fuel Input Rate
asabaliauskas on DSK3SPTVN1PROD with RULES
5.1. Determination of Fuel Input Rate.
During the steady-state verification
period and thermal efficiency test, as
applicable, record the fuel consumption
at 10-minute intervals. Calculate the
fuel input rate for each 10-minute
period using the equations in section 5.2
of this appendix. The measured fuel
input rates for these 10-minute periods
must not vary by more than ± 2 percent
between any two readings. Determine
the overall fuel input rate using the fuel
consumption for the entire duration of
the thermal efficiency test.
5.2. Fuel Input Rate Calculation. To
calculate the fuel input rate, use the
following equation:
Where:
Q = Fuel input rate, expressed in Btu/h
Qs = Total fuel flow as metered, expressed in
ft3 for gas-fired equipment and lb for oilfired equipment
Cs = Correction applied to the heating value
of a gas H, when it is metered at
temperature and/or pressure conditions
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Jkt 241001
other than the standard conditions for
which the value of H is based. Cs=1 for
oil-fired equipment.
H = Higher heating value of the fuel,
expressed as Btu/ft3 for gas-fired
equipment and Btu/lb for oil-fired
equipment.
t = Duration of measurement of fuel
consumption
6. Thermal Efficiency Test. Before
beginning the steady-state verification
period, record the applicable parameters
as specified in section 3.9.1 of this
appendix. Begin drawing water from the
unit by opening the main supply and
outlet water valve, and adjust the water
flow rate to achieve an outlet water
temperature of 70 °F ± 2 °F above
supply water temperature. The thermal
efficiency test shall be deemed complete
when there is a continuous, one-hourlong period where the steady-state
conditions specified in section 6.1 of
this appendix have been met, as
confirmed by consecutive readings of
the relevant parameters at 1-minute
intervals (except for fuel input rate,
which is determined at 10-minute
intervals, as specified in section 5.1 of
this appendix). During the one-hourlong period, the water heater must fire
continuously at its full firing rate (i.e.,
no modulation or cut-outs) and no
settings can be changed on the unit
being tested at any time. The first 30
minutes of the one-hour-period where
the steady-state conditions in section
6.1 of this appendix are met is the
steady-state verification period. The
final 30 minutes of the one-hour-period
where the steady-state conditions in
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section 6.1 of this appendix are met is
the thermal efficiency test. The last
reading of the steady-state verification
period must be the first reading of the
thermal efficiency test (i.e., the thermal
efficiency test starts immediately once
the steady-state verification period
ends).
6.1. Steady-State Conditions. The
following conditions must be met at
consecutive readings taken at 1-minute
intervals (except for fuel input rate, for
which measurements are taken at 10minute intervals) to verify the water
heater has achieved steady-state
operation during the steady-state
verification period and the thermal
efficiency test.
6.1.1. The water flow rate must be
maintained within ± 0.25 gallons per
minute (gpm) of the initial reading at
the start of the steady-state verification
period.
6.1.2. Outlet water temperature must
be maintained at 70 °F ± 2 °F above
supply water temperature.
6.1.3. Fuel input rate must be
maintained within ± 2 percent of the
rated input certified by the
manufacturer.
6.1.4. The supply water temperature
(TSWT) (or inlet water temperature (TIWT)
if a recirculating loop is used) must be
maintained within ± 0.50 °F of the
initial reading at the start of the steadystate verification period.
6.1.5. The rise between supply (or
inlet if a recirculating loop is used) and
outlet water temperatures must be
maintained within ± 0.50 °F of its initial
value taken at the start of the steady-
E:\FR\FM\10NOR2.SGM
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Notes:
a These measurements are to be recorded at the start and end of the test, as well as every minute during the test.
b The water flow rate and supply water temperature and inlet water temperature (if a recirculating loop is used) must be measured during the
steady-state verification period at 1-minute intervals. After the steady-state verification period ends, flow rate, supply water temperature, and inlet
water temperature (if measured) are not required to be measured during the standby loss test, as there is no flow occurring during the standby
loss test.
Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Rules and Regulations
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Where:
K = 1.004 Btu/lb·°F, the nominal specific heat
of water at 105 °F
W = Total weight of water heated, lb
q1 = Average supply water temperature,
expressed in °F
q2 = Average outlet water temperature,
expressed in °F
Q = Total fuel flow as metered, expressed in
ft3 (gas) or lb (oil)
Cs = Correction applied to the heating value
of a gas H, when it is metered at
temperature and/or pressure conditions
other than the standard conditions for
which the value of H is based. Cs=1 for
oil-fired equipment.
H = Higher heating value of the fuel,
expressed in Btu/ft3 (gas) or Btu/lb (oil)
Ec = Electrical consumption of the water
heater and, when used, the test set-up
recirculating pump, expressed in Btu
7. Standby Loss Test. If the standby
loss test is conducted immediately after
a thermal efficiency test and no settings
or conditions have been changed since
the completion of the thermal efficiency
test, then skip to section 7.2 or 7.3 of
this appendix (as applicable).
Otherwise, perform the steady-state
verification in section 7.1 of this
appendix. For thermostatically-activated
instantaneous water heaters with an
internal thermostat, use section 7.2 of
this appendix to conduct the standby
loss test, and for flow-activated and/or
thermostatically-activated instantaneous
water heaters with an external
thermostat use section 7.3 of this
appendix to conduct the standby loss
test.
7.1. Steady-State Verification Period.
For water heaters where the standby
loss test is not conducted immediately
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following the thermal efficiency test, the
steady-state verification period must be
conducted before starting the standby
loss test. Set the primary control in
accordance with section 3.6 of this
appendix, such that the primary control
is always calling for heat and the water
heater is firing continuously at the full
firing rate (i.e., no modulation or cutouts). Begin drawing water from the unit
by opening the main supply and the
outlet water valve, and adjust the water
flow rate to achieve an outlet water
temperature of 70 °F ± 2 °F above
supply water temperature. The steadystate verification period is complete
when there is a continuous 30-minute
period where the steady-state conditions
specified in section 7.1.1 of this
appendix are met, as confirmed by
consecutive readings of the relevant
parameters recorded at 1-minute
intervals (except for fuel input rate,
which is determined at 10-minute
intervals, as specified in section 5.1 of
this appendix).
7.1.1. Steady-State Conditions. The
following conditions must be met at
consecutive readings taken at 1-minute
intervals (except for fuel input rate, for
which measurements are taken at 10minute intervals) to verify the water
heater has achieved steady-state
operation during the steady-state
verification period prior to conducting
the standby loss test.
7.1.1.1. The water flow rate must be
maintained within ± 0.25 gallons per
minute (gpm) of the initial reading at
the start of the steady-state verification
period;
7.1.1.2. Fuel input rate must be
maintained within ± 2 percent of the
rated input certified by the
manufacturer;
7.1.1.3. The supply water temperature
(TSWT) (or inlet water temperature (TIWT)
if a recirculating loop is used) must be
maintained within ± 0.50 °F of the
initial reading at the start of the steadystate verification period; and
7.1.1.4. The rise between the supply
(or inlet if a recirculating loop is used)
and outlet water temperatures must be
maintained within ± 0.50 °F of its initial
value taken at the start of the steadystate verification period for units with
rated input less than 500,000 Btu/h, and
maintained within ± 1.00 °F of its initial
value for units with rated input greater
than or equal to 500,000 Btu/h.
7.2. Thermostatically-Activated
Instantaneous Water Heaters with an
Internal Thermostat. For water heaters
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that will experience cut-in based on a
temperature-activated control that is
internal to the water heater, use the
following steps to conduct the standby
loss test.
7.2.1. Immediately after the thermal
efficiency test or the steady-state
verification period (as applicable), turn
off the outlet water valve(s) (installed as
per the provisions in section 2.2 of this
appendix), and the water pump (if
applicable) simultaneously and ensure
that there is no flow of water through
the water heater.
7.2.2. After the first cut-out following
the end of the thermal efficiency test or
steady-state verification period (as
applicable), allow the water heater to
remain in standby mode. Do not change
any settings on the water heater at any
point until measurements for the
standby loss test are finished. Begin
recording the applicable parameters
specified in section 3.9.2 of this
appendix.
7.2.3. At the second cut-out, record
the time and ambient room temperature,
and begin measuring the fuel and
electricity consumption. Record the
initial heat exchanger outlet water
temperature (TOHX) and initial ambient
room temperature. For the remainder of
the test, continue recording the
applicable parameters specified in
section 3.9.2 of this appendix.
7.2.4. Stop the test after the first cutout that occurs after 24 hours, or at 48
hours, whichever comes first.
7.2.5. Immediately after conclusion of
the standby loss test, record the total
fuel flow and electrical energy
consumption, the final ambient room
temperature, the duration of the standby
loss test, and if the test ends at 48 hours
without a cut-out, the final heat
exchanger outlet temperature, or if the
test ends after a cut-out, the maximum
heat exchanger outlet temperature that
occurs after the cut-out. Calculate the
average of the recorded values of the
heat exchanger outlet water temperature
and the ambient room temperature
taken at each measurement interval,
including the initial and final values.
7.2.6. Standby Loss Calculation. To
calculate the standby loss, follow the
steps below:
7.2.6.1. The standby loss expressed as
a percentage (per hour) of the heat
content of the stored water above room
temperature must be calculated using
the following equation:
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ER10NO16.023</GPH>
state verification period for units with
rated input less than 500,000 Btu/h, and
maintained within ± 1.00 °F of its initial
value for units with rated input greater
than or equal to 500,000 Btu/h.
6.2. Water Flow Measurement.
Measure the total weight of water heated
during the 30-minute thermal efficiency
test with either a scale or a water flow
meter. With either method, the error of
measurement of weight of water heated
must not exceed 1 percent of the weight
of the total draw.
6.3. Thermal Efficiency Calculation.
Thermal efficiency must be calculated
using data from the 30-minute thermal
efficiency test. Calculate thermal
efficiency, Et, using the following
equation:
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Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Rules and Regulations
7.2.6.2. The standby loss expressed in
Btu per hour must be calculated as
follows:
SL (Btu per hour) = S (% per hour) ×
8.25 (Btu/gal-°F) × Measured Volume
(gal) × 70 (°F).
Where, SL refers to the standby loss
of the water heater, defined as the
amount of energy required to maintain
the stored water temperature expressed
in Btu per hour.
7.3. Flow-Activated and
Thermostatically-Activated
Instantaneous Water Heaters with an
External Thermostat. For water heaters
that are either flow-activated or
thermostatically-activated with an
external thermostat, use the following
steps to conduct the standby loss test.
7.3.1. Immediately after the thermal
efficiency test or the steady-state
verification period (as applicable), deenergize the primary control to end the
call for heating. If the main burners do
not cut out, then turn off the fuel
supply.
7.3.1.1. If the unit does not have an
integral pump purge functionality, then
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turn off the outlet water valve and water
pump at this time.
7.3.1.2. If the unit has an integral
pump purge functionality, allow the
pump purge operation to continue. After
the pump purge operation is complete,
immediately turn off the outlet water
valve and water pump and continue
recording the required parameters for
the remainder of the test.
7.3.2. Recording Data
7.3.2.1. For units with pump purge
functionality, record the initial heat
exchanger outlet water temperature
(TOHX), and ambient room temperature
when the main burner(s) cut-out or the
fuel supply is turned off. After the
pump purge operation is complete,
record the time as t = 0 and the initial
electricity meter reading. Continue to
monitor and record the heat exchanger
outlet water temperature (TOHX) and
time elapsed from the start of the test,
and the electricity consumption as per
the requirements in section 3.9.2 of this
appendix.
7.3.2.2. For units not equipped with
pump purge functionality, begin
recording the measurements as per the
requirements of section 3.9.2 of this
appendix when the main burner(s) cutout or the fuel supply is turned off.
Specifically, record the time as t = 0,
and record the initial heat exchanger
outlet water temperature (TOHX),
ambient room temperature, and
electricity meter readings. Continue to
monitor and record the heat exchanger
outlet water temperature (TOHX) and the
time elapsed from the start of the test as
per the requirements in section 3.9.2 of
this appendix.
7.3.3. Stopping Criteria. Stop the test
when one of the following occurs:
7.3.3.1. The heat exchanger outlet
water temperature (TOHX) decreases by
35 °F from its value recorded
immediately after the main burner(s)
has cut-out, and the pump purge
operation (if applicable) is complete; or
7.3.3.2. 24 hours have elapsed from
the start of the test.
7.3.4. At the end of the test, record the
final heat exchanger outlet water
temperature (TOHX), fuel consumed,
electricity consumed from time t=0, and
the time elapsed from the start of the
test.
7.3.5. Standby Loss Calculation
7.3.5.1. Once the test is complete, use
the following equation to calculate the
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standby loss as a percentage (per hour)
of the heat content of the stored water
above room temperature:
Where,
DT1 = Heat exchanger outlet water
temperature (TOHX) measured after the
pump purge operation is complete (if the
unit is integrated with pump purge
functionality); or after the main burner(s)
cut-out (if the unit is not equipped with
pump purge functionality) minus heat
exchanger outlet water temperature
(TOHX) measured at the end of the test,
expressed in °F
DT2 = Heat exchanger outlet water
temperature (TOHX) minus the ambient
temperature, both measured after the
main burner(s) cut-out, at the start of the
test, expressed in °F
K = 8.25 Btu/gallon·°F, the nominal specific
heat of water
Va = Volume of water contained in the water
heater in gallons measured in accordance
with section 4 of this appendix
Et = Thermal efficiency of the water heater
determined in accordance with section 6
of this appendix, expressed in %
Ec = Electrical energy consumed by the water
heater during the duration of the test in
Btu
t = Total duration of the test in hours
S = Standby loss, the average hourly energy
required to maintain the stored water
temperature expressed as a percentage of
the initial heat content of the stored
water above room temperature
7.3.5.2. The standby loss expressed in
terms of Btu per hour must be
calculated as follows:
SL (Btu per hour) = S (% per hour) ×
8.25 (Btu/gal-°F) × Measured Volume
(gal) × 70 (°F)
Where, SL refers to the standby loss
of the water heater, defined as the
amount of energy required to maintain
the stored water temperature expressed
in Btu per hour.
16. Add appendix D to subpart G of
part 431 to read as follows:
Appendix D to Subpart G of Part 431—
Uniform Test Method for the
Measurement of Standby Loss of
Electric Instantaneous Water Heaters
(Other Than Storage-Type
Instantaneous Water Heaters)
Note: Prior to November 6, 2017,
manufacturers must make any
representations with respect to the
energy use or efficiency of the subject
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asabaliauskas on DSK3SPTVN1PROD with RULES
Where:
DT3 = Average value of the heat exchanger
outlet water temperature (TOHX) minus
the average value of the ambient room
temperature, expressed in °F
DT4 = Final heat exchanger outlet water
temperature (TOHX) measured at the end
of the test minus the initial heat
exchanger outlet water temperature
(TOHX) measured at the start of the test,
expressed in °F
K = 8.25 Btu/gallon·°F, the nominal specific
heat of water
Va = Volume of water contained in the water
heater in gallons measured in accordance
with section 4 of this appendix
Et = Thermal efficiency of the water heater
determined in accordance with section 6
of this appendix, expressed in %
Ec = Electrical energy consumed by the water
heater during the duration of the test in
Btu
T = Total duration of the test in hours
Cs = Correction applied to the heating value
of a gas H, when it is metered at
temperature and/or pressure conditions
other than the standard conditions for
which the value of H is based. Cs=1 for
oil-fired equipment.
Qs = Total fuel flow as metered, expressed in
ft3 (gas) or lb (oil)
H = Higher heating value of gas or oil,
expressed in Btu/ft3 (gas) or Btu/lb (oil)
S = Standby loss, the average hourly energy
required to maintain the stored water
temperature expressed as a percentage of
the initial heat content of the stored
water above room temperature
ER10NO16.024</GPH>
79340
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asabaliauskas on DSK3SPTVN1PROD with RULES
commercial water heating equipment in
accordance with the results of testing
pursuant to this appendix or the
procedures in 10 CFR 431.106 that were
in place on January 1, 2016. On and
after November 6, 2017, manufacturers
must make any representations with
respect to energy use or efficiency of
electric instantaneous water heaters
(other than storage-type instantaneous
water heaters) in accordance with the
results of testing pursuant to this
appendix to demonstrate compliance
with the energy conservation standards
at 10 CFR 431.110.
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1. General
Determine the standby loss (as
applicable) in accordance with the
following sections of this appendix.
2. Test Set-Up
2.1. Placement of Water Heater. A
water heater for installation on
combustible floors must be placed on a
3⁄4-inch plywood platform supported by
three 2 × 4-inch runners. If the water
heater is for installation on
noncombustible floors, suitable
noncombustible material must be placed
on the platform. When the use of the
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79341
platform for a large water heater is not
practical, the water heater may be
placed on any suitable flooring. A wallmounted water heater must be mounted
on a simulated wall section.
2.2. Test Configuration. If the
instantaneous water heater is not
required to be tested using a
recirculating loop, then set up the unit
in accordance with Figure 2.1, 2.2, or
2.3 of this appendix (as applicable). If
the unit is required to be tested using a
recirculating loop, then set up the unit
as per Figure 2.4 of this appendix.
BILLING CODE 6450–01–P
E:\FR\FM\10NOR2.SGM
10NOR2
79342
Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Rules and Regulations
AI dimensions are in inches
l1s
OutletW~
Valve
......r::::::e:~;::;t::===~cH
Waste
water
~======~~~t_~~w~
Supply
10 (max)
ToWT
Tank
(when
Expansion Tank
used)
LocatloD otrem.perature Seam:
Tswr ~ Temperalln sensors in supply water line.
TOWT ~ Temperature sensors in outlet water line.
TOHX • Temperature sensors at the 0\lllet to the heat exchanger.
Weishins
Scale
Figure 2.1. Set-up for standby loss test for electric instantaneous water heaters (other than
storage-type instantaneous water heaters) equipped with vertical (top) connections not
requiring a recirculating loop.
All dimensions are ill inches
ToWT
10 (max)
.--ce~~=~=~
OUtlet Water
Valve
Wastewater
Tank
X
X
18
Expansion Tank
(when
used)
LoeatioD ofTemperature Season:
Tswr ~Temperature sensors ill supply water line.
Towr =Temperature sensors in outlet water line.
TOHX- Temperature seusors at the outlet to the heat exchanger.
Weighing
Scale
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asabaliauskas on DSK3SPTVN1PROD with RULES
Figure 2.2. Set-up for standby loss test for electric instantaneous water heaters (other than
storage-type instantaneous water heaters) equipped with vertical (bottom) connections not
requiring a recirculating loop.
Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Rules and Regulations
79343
All dimensions are in inches
Location ofTemperatnn Sanson:
TSWT -Temperature SCilSOl'$ in supply water line.
ToWT =Temperature sensors in outletwarer line.
ToHX = Temperature sensom at the outlet to the heat exchanger.
Outlet Water
Valve
~ce~~==~~~
24ormax
Wastewater
IO{max
possible,
ToWT
Tank
(when
used)
Flow
whichever
is lower
lfP=====t:;X;J::L_j:::::l ~
Main Water
Supply
Weighing
Expansion Tank
Scale
Figure 2.3. Set-up for standby loss test for electric instantaneous water heaters (other than
storage-type instantaneous water heaters) equipped with horizontal connections not
requiring a recirculating loop.
I All dimensions are in inches
~O=::::::C;J::::t;;J::::C:l::l ........
Waste Water
Pressure
Gauge
Inlet
Tank
(when
used)
Water Meter (when used)
Weighing
Scale
Pump
Location ofTemperatnre Sensors:
TsWT =Temperature sensors in supply water line.
T0 WT = Temperature sensors in outlet water line.
TF = Temperature sensors in flue.
T0 =Temperature sensors in gas line.
TIWT = Temperature sensors in inlet water line.
T0 HX = Temperature sensors at the outlet to the heat exchanger.
Figure 2.4. Set-up for standby loss test for electric instantaneous water heaters (other than
storage-type instantaneous water heaters) requiring a recirculating loop for testing.
BILLING CODE 6450–01–C
2.2.1. If the instantaneous water
heater does not have any external
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piping, install an outlet water valve
within 10 inches of the piping length of
the water heater jacket or enclosure. If
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the instantaneous water heater includes
external piping assembled at the
manufacturer’s premises prior to
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Legend:
PRV- Pressure Relief Valve
OWV- Outlet Water Valve
79344
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shipment, install water valves in the
outlet piping within 5 inches of the end
of the piping supplied with the unit.
2.2.2. If the water heater is not able to
achieve an outlet water temperature of
70 °F ± 2 °F above the supply water
temperature at a constant maximum
electricity input rate, a recirculating
loop with pump as shown in Figure 2.4
of this appendix must be used.
2.2.2.1. If a recirculating loop with a
pump is used, then ensure that the inlet
water temperature (labeled as TIWT in
Figure 2.4 of this appendix) is greater
than or equal to 70 °F and less than or
equal to 120 °F at all times during the
steady-state verification period.
asabaliauskas on DSK3SPTVN1PROD with RULES
2.3. Installation of Temperature Sensors
2.3.1. Without Recirculating Loop
2.3.1.1. Vertical Connections. Use
Figure 2.1 (for top connections) and 2.2
(for bottom connections) of this
appendix.
2.3.1.2. Horizontal Connections. Use
Figure 2.3 of this appendix.
2.3.2. With Recirculating Loop. Set up
the recirculating loop as shown in
Figure 2.4 of this appendix.
2.3.3. For water heaters with multiple
outlet water connections leaving the
water heater jacket that are required to
be operated to achieve the rated input,
temperature sensors must be installed
for each outlet water connection leaving
the water heater jacket or enclosure that
is used during testing, in accordance
with sections 2.3.1 and 2.3.2 of this
appendix.
2.4. Piping Insulation. Insulate all the
water piping external to the water heater
jacket or enclosure, including piping
that is installed by the manufacturer or
shipped with the unit, for at least 4 ft
of piping length from the connection at
the appliance with material having an
R-value not less than 4 °F·f t2·h/Btu.
Ensure that the insulation does not
contact any appliance surface except at
the location where the pipe connections
penetrate the appliance jacket or
enclosure.
2.5. Temperature and Pressure Relief
Valve Insulation. If the manufacturer
has not provided a temperature and
pressure relief valve, one shall be
installed and insulated as specified in
section 2.4 of this appendix. The
temperature and pressure relief valve
must be installed in the outlet water
piping between the unit being tested
and the outlet water valve.
2.6. Energy Consumption. Install
equipment that determines, within ± 1
percent, the quantity of electricity
consumed by factory-supplied water
heater components, and of the test loop
recirculating pump, if used.
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3. Test Conditions
3.1. Water Supply
3.1.1. Water Supply Pressure. The
pressure of the water supply must be
maintained between 40 psi and the
maximum pressure specified by the
manufacturer of the unit being tested.
The accuracy of the pressure-measuring
devices must be ± 1.0 psi.
3.1.2. Water Supply Temperature.
During the steady-state verification
period, the temperature of the supply
water (TSWT) must be maintained at 70
°F ± 2 °F.
.2. Electrical Supply. Maintain the
electrical supply voltage to within ± 5
percent of the voltage specified on the
water heater nameplate. If a voltage
range is specified on the nameplate,
maintain the voltage to within ± 5
percent of the center of the voltage range
specified on the nameplate.
3.3. Ambient Room Temperature.
Maintain the ambient room temperature
at 75°F ± 10 °F at all times during the
steady-state verification period and the
standby loss test. Measure the ambient
room temperature at 1-minute intervals
during these periods. Measure the
ambient room temperature at the
vertical mid-point of the water heater
and approximately 2 feet from the water
heater jacket or enclosure. Shield the
sensor against radiation. Calculate the
average ambient room temperature for
the standby loss test. During the standby
loss test, the ambient room temperature
must not vary more than ± 5.0 °F at any
reading from the average ambient room
temperature.
3.4. Maximum Air Draft. During the
steady-state verification period and the
standby loss test, the water heater must
be located in an area protected from
drafts of more than 50 ft/min. Prior to
beginning steady-state verification
before the standby loss test, measure the
air draft within three feet of the jacket
or enclosure of the water heater to
ensure this condition is met. Ensure that
no other changes that would increase
the air draft are made to the test set-up
or conditions during the conduct of the
test.
3.5. Primary Control
3.5.1. Thermostatically-Activated
Water Heaters with an Internal
Thermostat. Before starting the steadystate verification prior to the standby
loss test, the thermostat setting must be
obtained. Set the thermostat to ensure:
3.5.1.1. With supply water
temperature as per section 3.1.2 of this
appendix (i.e., 70 °F ± 2 °F) the water
flow rate can be varied so that the outlet
water temperature is constant at 70 °F
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± 2 °F above the supply water
temperature, while the heating element
is operating at the rated input.
3.5.1.2. After the water supply is
turned off and the thermostat reduces
the electricity supply to the heating
element to a minimum, the maximum
heat exchanger outlet water temperature
(TOHX) is 140 °F ± 5 °F.
3.5.1.3. If the water heater includes a
built-in safety mechanism that prevents
it from achieving a heat exchanger
outlet water temperature of 140 °F ± 5
°F, adjust the thermostat to its
maximum setting.
3.5.2. Flow-Activated Instantaneous
Water Heaters and ThermostaticallyActivated Instantaneous Water Heaters
with an External Thermostat. Before
starting the steady-state verification
prior to the standby loss test energize
the primary control such that it is
always calling for heating and the
heating element is operating at the rated
input. Maintain the supply water
temperature as per section 3.1.2 of this
appendix (i.e., 70 °F ± 2 °F). Set the
control so that the outlet water
temperature (TOWT) is 140 °F ± 5 °F. If
the water heater includes a built-in
safety mechanism that prevents it from
achieving a heat exchanger outlet water
temperature of 140 °F ± 5 °F, adjust the
control to its maximum setting.
3.6. For Units With Multiple Outlet
Water Connections
3.6.1. For each connection leaving the
water heater that is required for the unit
to achieve the rated input, the outlet
water temperature must not differ from
that of any other outlet water
connection by more than 2 °F during the
steady-state verification period prior to
the standby loss test.
3.6.2. Determine the outlet water
temperature representative for the entire
unit at every required measurement
interval by calculating the average of the
outlet water temperatures measured at
each connection leaving the water
heater jacket or enclosure that is used
during testing. Use the outlet water
temperature representative for the entire
unit in all calculations for the standby
loss test.
3.7. Data Collection Intervals. During
the standby loss test, follow the data
recording intervals specified in Table
3.1 of this appendix. Also, the
electricity consumption over the course
of the entire test must be measured and
used in calculation of standby loss.
3.7.1. Steady-State Verification
Period. Follow the data recording
intervals specified in Table 3.1 of this
appendix.
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TABLE 3.1—DATA TO BE RECORDED BEFORE AND DURING THE STEADY-STATE VERIFICATION PERIOD
Item recorded
Before
steady-state
verification
period
Air draft, ft/min ..................................................................................................................................
Time, minutes/seconds ....................................................................................................................
Electricity Consumed, Btu ................................................................................................................
Supply water temperature (TSWT), °F ..............................................................................................
Inlet water temperature (TIWT), °F ...................................................................................................
Outlet water temperature (TOWT), °F ...............................................................................................
Ambient room temperature, °F .........................................................................................................
Water flow rate, (gpm) .....................................................................................................................
X
......................
......................
......................
......................
......................
......................
......................
Every 1
minute a
X
......................
X
Xb
X
X
X
Every 10
minutes
X
Notes:
a These measurements are to be recorded at the start and end, as well as every minute of the steady-state verification period.
b Only measured when a recirculating loop is used.
3.7.2. Standby Loss Test. Follow the
data recording intervals specified in
Table 3.2 of this appendix.
Additionally, the electricity
consumption over the course of the
entire test must be measured and used
in calculation of standby loss.
TABLE 3.2—DATA TO BE RECORDED BEFORE AND DURING THE STANDBY LOSS TEST
Item recorded
Before test
Every 1
minute a
Air draft, ft/min ............................................................................................................................................................
Time, minutes/seconds ...............................................................................................................................................
Heat exchanger outlet water temperature, °F (TOHX) ................................................................................................
Ambient room temperature, °F ...................................................................................................................................
X
......................
......................
......................
X
X
X
asabaliauskas on DSK3SPTVN1PROD with RULES
Note:
a These measurements are to be recorded at the start and end of the test, as well as every minute during the test.
4. Determination of Storage Volume.
Determine the storage volume by
subtracting the tare weight—measured
while the system is dry and empty—
from the weight of the system when
filled with water and dividing the
resulting net weight of water by the
density of water at the measured water
temperature. The volume of water
contained in the water heater must be
computed in gallons.
5. Standby Loss Test. Perform the
steady-state verification period in
accordance with section 5.1 of this
appendix. For thermostatically-activated
instantaneous water heaters with an
internal thermostat, use section 5.2 of
this appendix to conduct the standby
loss test, and for flow-activated and/or
thermostatically-activated instantaneous
water heaters with an external
thermostat (including remote
thermostatically activated and/or flowactivated instantaneous water heaters),
use section 5.3 of this appendix to
conduct the standby loss test.
Set the primary control in accordance
with section 3.5 of this appendix, such
that the primary control is always
calling for heat and the water heater is
operating at its full rated input. Begin
drawing water from the unit by opening
the main supply and the outlet water
valve, and adjust the water flow rate to
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achieve an outlet water temperature of
70 °F ± 2 °F above supply water
temperature. At this time, begin
recording the parameters specified in
section 3.7.1 of this appendix. The
steady-state verification period is
complete when there is a continuous 30minute period where the steady-state
conditions specified in section 5.1 of
this appendix are met, as confirmed by
consecutive readings of the relevant
parameters recorded at 1-minute
intervals (except for electric power
input rate, which is determined at 10minute intervals, as specified in section
3.7.1 of this appendix).
5.1. Steady-State Conditions. The
following conditions must be met at
consecutive readings taken at 1-minute
intervals (except for electricity input
rate, for which measurements are taken
at 10-minute intervals) to verify the
water heater has achieved steady-state
operation prior to conducting the
standby loss test.
5.1.1. The water flow rate must be
maintained within ± 0.25 gallons per
minute (gpm) of the initial reading at
the start of the steady-state verification
period;
5.1.2. Electric power input rate must
be maintained within 2 percent of the
rated input certified by the
manufacturer.
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5.1.3. The supply water temperature
(or inlet water temperature if a
recirculating loop is used) must be
maintained within ± 0.50 °F of the
initial reading at the start of the steadystate verification period; and
5.1.4. The rise between the supply (or
inlet if a recirculating loop is used) and
outlet water temperatures is maintained
within ± 0.50 °F of its initial value taken
at the start of the steady-state
verification period for units with rated
input less than 500,000 Btu/h, and
maintained within ± 1.00 °F of its initial
value for units with rated input greater
than or equal to 500,000 Btu/h.
5.2. Thermostatically-Activated
Instantaneous Water Heaters with an
Internal Thermostat. For water heaters
that will experience cut-in based on a
temperature-activated control that is
internal to the water heater, use the
following steps to conduct the standby
loss test.
5.2.1. Immediately after the steadystate verification period, turn off the
outlet water valve(s) (installed as per the
provisions in section 2.2 of this
appendix), and the water pump (if
applicable) simultaneously and ensure
that there is no flow of water through
the water heater.
5.2.2. After the first cut-out following
the steady-state verification period,
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Where,
DT3 = Average value of the heat exchanger
outlet water temperature (TOHX) minus
the average value of the ambient room
temperature, expressed in °F
DT4 = Final heat exchanger outlet water
temperature (TOHX) measured at the end
of the test minus the initial heat
exchanger outlet water temperature
(TOHX) measured at the start of the test,
expressed in °F
k = 8.25 Btu/gallon·°F, the nominal specific
heat of water
Va = Volume of water contained in the water
heater in gallons measured in accordance
with section 4 of this appendix
Et = Thermal efficiency = 98 percent for
electric water heaters with immersed
heating elements
Ec = Electrical energy consumed by the water
heater during the duration of the test in
Btu
t = Total duration of the test in hours
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S = Standby loss, the average hourly energy
required to maintain the stored water
temperature expressed as a percentage of
the initial heat content of the stored
water above room temperature
5.3. Flow-Activated and
Thermostatically-Activated
Instantaneous Water Heaters with an
External Thermostat. For water heaters
that are either flow-activated or
thermostatically-activated with an
external thermostat, use the following
steps to conduct the standby loss test:
5.3.1. Immediately after the steadystate verification period, de-energize the
primary control to end the call for
heating. If the heating elements do not
cut out, then turn off the electricity
supply to the heating elements. After
the heating elements have cut-out, or
the electricity supply to the heating
elements is turned off, begin recording
the measurements as per the
requirements in section 3.7.2 of this
appendix.
5.3.1.1. If the unit does not have an
integral pump purge functionality, then
turn off the outlet water valve and water
pump immediately after the main
burners cut-out.
5.3.1.2. If the unit has an integral
pump purge functionality, allow the
pump purge operation to continue. After
the pump purge operation is complete,
immediately turn off the outlet water
valve and water pump and continue
recording the required parameters for
the remainder of the test.
5.3.2. Recording Data
5.3.2.1. For units with pump purge
functionality, record the initial heat
exchanger outlet water temperature
(TOHX), and ambient room temperature
when the main heating element(s) cutout or the electricity supply to the
heating element(s) is turned off. After
the pump purge operation is complete,
record the time as t = 0 and the initial
electricity meter reading. Continue to
monitor and record the heat exchanger
outlet water temperature (TOHX) and
time elapsed from the start of the test as
per the requirements in section 3.7.2 of
this appendix.
5.3.2.2. For units not equipped with
pump purge functionality, begin
recording the measurements as per the
requirements of section 3.7.2 of this
appendix when the main heating
element(s) cut-out or the electricity
supply to the heating element(s) is
turned off. Specifically, record the time
as t = 0, and record the initial heat
exchanger outlet water temperature
(TOHX), ambient room temperature, and
electricity meter readings. Continue to
monitor and record the heat exchanger
outlet water temperature (TOHX) and the
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time elapsed from the start of the test as
per the requirements in section 3.7.2 of
this appendix.
5.3.3. Stopping Criteria. Stop the test
when one of the following occurs:
5.3.3.1. The heat exchanger outlet
water temperature (TOHX) decreases by
35 °F from its value recorded after the
main heating element(s) have cut-out,
and the pump purge operation (if
applicable) is complete; or
5.3.3.2. 24 hours have elapsed from
the start of the test.
5.3.4. At the end of the test, record the
final heat exchanger outlet water
temperature (TOHX), electricity
consumed from time t = 0, and the time
elapsed from the start of the test.
5.3.5. Standby Loss Calculation.
Calculate the standby loss, expressed as
a percentage (per hour) of the heat
content of the stored water above room
temperature, using the following
equation:
Where,
DT1 = Heat exchanger outlet water
temperature (TOHX) measured after the
pump purge operation is complete (if the
unit is integrated with pump purge
functionality); or after the main heating
element(s) cut-out (if the unit is not
equipped with pump purge
functionality) minus heat exchanger
outlet water temperature (TOHX)
measured at the end of the test,
expressed in °F
DT2 = Heat exchanger outlet water
temperature (TOHX) minus the ambient
room temperature, both measured after
the main heating element(s) cut-out at
the start of the test, expressed in °F
k = 8.25 Btu/gallon·°F, the nominal specific
heat of water
Va = Volume of water contained in the water
heater in gallons measured in accordance
with section 4 of this appendix
Et = Thermal efficiency = 98 percent for
electric water heaters with immersed
heating elements
Ec = Electrical energy consumed by the water
heater during the duration of the test in
Btu
t = Total duration of the test in hours
S = Standby loss, the average hourly energy
required to maintain the stored water
temperature expressed as a percentage of
the initial heat content of the stored
water above room temperature
17. Add appendix E to subpart G of
part 431 to read as follows:
Appendix E to Subpart G of Part 431—
Uniform Test Method for the
Measurement of Energy Efficiency of
Commercial Heat Pump Water Heaters
Note: On and after November 6, 2017,
manufacturers must make any
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asabaliauskas on DSK3SPTVN1PROD with RULES
allow the water heater to remain in
standby mode. Do not change any
settings on the water heater at any point
until measurements for the standby loss
test are finished. Begin recording the
applicable parameters specified in
section 3.7.2 of this appendix.
5.2.3. At the second cut-out, record
the time and ambient room temperature,
and begin measuring the electricity
consumption. Record the initial heat
exchanger outlet water temperature
(TOHX) and initial ambient room
temperature. For the remainder of the
test, continue recording the applicable
parameters specified in section 3.7.2 of
this appendix.
5.2.4. Stop the test after the first cutout that occurs after 24 hours, or at 48
hours, whichever comes first.
5.2.5. Immediately after conclusion of
the standby loss test, record the total
electrical energy consumption, the final
ambient room temperature, the duration
of the standby loss test, and if the test
ends at 48 hours without a cut-out, the
final heat exchanger outlet temperature,
or if the test ends after a cut-out, the
maximum heat exchanger outlet
temperature that occurs after the cutout. Calculate the average of the
recorded values of the heat exchanger
outlet water temperature and of the
ambient air temperatures taken at each
measurement interval, including the
initial and final values.
5.2.6. Standby Loss Calculation.
Calculate the standby loss, expressed as
a percentage (per hour) of the heat
content of the stored water above room
temperature, using the following
equation:
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representations with respect to energy
use or efficiency of commercial heat
pump water heaters in accordance with
the results of testing pursuant to this
appendix.
1. General. Determine the COPh for
commercial heat pump water heaters
(CHPWHs) using the test procedure set
forth below. Certain sections below
reference ANSI/ASHRAE 118.1–2012
(incorporated by reference; see
§ 431.105). Where the instructions
contained below differ from those
contained in ANSI/ASHRAE 118.1–
2012, the sections in this appendix
control.
2. Definitions and Symbols. The
definitions and symbols are as listed in
section 3 of ANSI/ASHRAE 118.1–2012.
3. Instrumentation. The instruments
required for the test are as described in
section 6 of ANSI/ASHRAE 118.1–2012
(except sections 6.3, 6.4, and 6.6).
4. Test Set-Up. Follow the provisions
described in this section to install the
CHPWH for testing. Use the test set-up
and installation instructions set forth for
Type IV and Type V equipment (as
applicable), defined in sections 4.4 and
4.5 of ANSI/ASHRAE 118.1–2012 and
in accordance with the sections below:
4.1. Test set-up and installation
instructions.
4.1.1. For air-source CHPWHs, set up
the unit for testing as per section 7.1
and Figure 5a of ANSI/ASHRAE 118.1–
2012 for CHPWHs without an integral
storage tank, and as per Figure 6 in
section 7.7.1 of ANSI/ASHRAE 118.1–
2012 for CHPWHs with an integral
storage tank.
4.1.2. For direct geo-exchange
CHPWHs, set up the unit for testing as
per section 7.1 and Figure 5b of ASNI/
ASHRAE 118.1–2012 for CHPWHs
without an integral storage tank, and as
per Figure 7 in section 7.7.2 of ANSI/
ASHRAE 118.1–2012 for CHPWHs with
an integral storage tank.
4.1.3. For indoor water-source,
ground-source closed-loop, and ground
water-source CHPWHs, set up the unit
for testing as per section 7.1 and Figure
5c of ANSI/ASHRAE 118.1–2012 for
CHPWHs without an integral storage
tank, and as per Figure 8 in section 7.7.3
of ANSI/ASHRAE 118.1–2012 for
CHPWHs with an integral storage tank.
4.2. Use the water piping instructions
described in section 7.2 of ANSI/
ASHRAE 118.1–2012 and the special
instructions described in section 7.7.6 of
ANSI/ASHRAE 118.1–2012. Insulate all
the pipes used for connections with
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material having a thermal resistance of
not less than 4 h·°F·ft2/Btu for a total
piping length of not less than 4 feet from
the water heater connection ports.
4.3. Install the thermocouples,
including the room thermocouples, as
per the instructions in sections 7.3.1,
7.3.2, and 7.3.3 (as applicable) of ANSI/
ASHRAE 118.1–2012.
4.4. Section 7.6 of ANSI/ASHRAE
118.1–2012 must be used if the
manufacturer neither submits nor
specifies a water pump applicable for
the unit for laboratory testing.
4.5. Install the temperature sensors at
the locations specified in Figure 5a, 5b,
5c, 6, 7, or 8 of ANSI/ASHRAE 118.1–
2012, as applicable as per section 4.1 of
this appendix. The sensor shall be
installed in such a manner that the
sensing portion of the device is
positioned within the water flow and as
close as possible to the center line of the
pipe. Follow the instructions provided
in sections 7.7.7.1 and 7.7.7.2 of ANSI/
ASHRAE 118.1–2012 to install the
temperature and flow-sensing
instruments.
4.6. Use the following evaporator side
rating conditions as applicable for each
category of CHPWHs. These conditions
are also mentioned in Table 5.1 of this
appendix:
4.6.1. For air-source CHPWHs,
maintain the evaporator air entering
dry-bulb temperature at 80.6 °F ± 1 °F
and wet-bulb temperature at 71.2 °F ± 1
°F throughout the conduct of the test.
4.6.2. For direct geo-exchange
CHPWHs, maintain the evaporator
refrigerant temperature at 32 °F ± 1 °F.
4.6.3. For indoor water-source
CHPWHs, maintain the evaporator
entering water temperature at 68 °F ± 1
°F.
4.6.4. For ground water-source
CHPWHs, maintain the evaporator
entering water temperature at 50 °F ± 1
°F.
4.6.5. For ground-source closed-loop
CHPWHs, maintain the evaporator
entering water temperature at 32 °F ± 1
°F.
4.6.5.1. For ground-source closed-loop
CHPWHs, the evaporator water must be
mixed with 15-percent methanol byweight to allow the solution to achieve
the rating conditions required in section
4.6.5.
4.7. The CHPWH being tested must be
installed as per the instructions
specified in sections 4.1 to 4.6 (as
applicable) of this appendix. For all
other installation requirements, use
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79347
section 7.7.4 of ANSI/ASHRAE 118.1–
2012 to resolve any issues related to
installation (other than what is specified
in this test procedure) of the equipment
for testing. Do not make any alterations
to the equipment except as specified in
this appendix for installation, testing,
and the attachment of required test
apparatus and instruments.
4.8. Use Table 3 of ANSI/ASHRAE
118.1–2012 for measurement tolerances
of various parameters.
4.9. If the CHPWH is equipped with
a thermostat that is used to control the
throttling valve of the equipment, then
use the provisions in section 7.7.7.3 of
ANSI/ASHRAE 118.1–2012 to set up the
thermostat.
4.10. For CHPWHs equipped with an
integral storage tank, supplemental heat
inputs such as electric resistance
elements must be disabled as per
section 7.7.8 of ANSI/ASHRAE 118.1–
2012.
4.11. Install instruments to measure
the electricity supply to the equipment
as specified in section 7.5 of ANSI/
ASHRAE 118.1–2012.
5. Test Procedure
Test all CHPWHs that are not
equipped with an integral storage tank
as per the provisions described in ANSI/
ASHRAE 118.1–2012 for ‘‘Type IV’’
equipment as defined in section 4.4 of
ANSI/ASHRAE 118.1–2012. Test all
CHPWHs that are equipped with an
integral storage tank as per the
provisions described in ANSI/ASHRAE
118.1–2012 for ‘‘Type V’’ equipment as
defined in section 4.5 of ANSI/ASHRAE
118.1–2012. Tests for all CHPWHs must
follow the steps described below.
5.1. Supply the CHPWH unit with
electricity at the voltage specified by the
manufacturer. Follow the provisions in
section 8.2.1 of ANSI/ASHRAE 118.1–
2012 to maintain the electricity supply
at the required level.
5.1.1. For models with multiple
voltages specified by the manufacturer,
use the minimum voltage specified by
the manufacturer to conduct the test.
Maintain the voltage as per the limits
specified in section 8.2.1 of ANSI/
ASHRAE 118.1–2012. The test may be
repeated at other voltages at the
manufacturer’s discretion.
5.2. Set the condenser supply water
temperature and outlet water
temperature per the following
provisions and as set forth in Table 5.1
of this section:
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TABLE 5.1—EVAPORATOR AND CONDENSER SIDE RATING CONDITIONS
Category of CHPWH
Evaporator side rating conditions
Condenser side rating conditions
Air-source commercial heat pump
water heater.
Evaporator entering air conditions:
Dry bulb: 80.6 °F ± 1 °F ................
Wet bulb: 71.2 °F ± 1 °F ...............
Direct geo-exchange commercial
heat pump water heater.
Indoor water-source commercial
heat pump water heater.
Ground water-source commercial
heat pump water heater.
Ground-source closed-loop commercial heat pump water heater.
Evaporator refrigerant temperature: 32 °F ± 1 °F.
Evaporator entering water temperature: 68 °F ± 1 °F.
Evaporator entering water temperature: 50 °F ± 1 °F.
Evaporator entering water temperature: 32 °F ± 1 °F.
Entering water temperature: 70 °F ± 1 °F. Vary water flow rate (if
needed) to achieve the outlet water temperature as specified in
section 8.7.2 of ANSI/ASHRAE 118.1–2012.
If the required outlet water temperature as specified in section 8.7.2
of ANSI/ASHRAE 118.1–2012 is not met even after varying the
flow rate, then change the condenser entering water temperature
to 110 °F ± 1 °F. Vary flow rate to achieve the conditions in section
8.7.2 of ANSI/ASHRAE 118.1–2012.
Entering water temperature: 110 °F ± 1 °F.
asabaliauskas on DSK3SPTVN1PROD with RULES
5.2.1. For air-source CHPWHs:
5.2.1.1. Set the supply water
temperature to 70 °F ± 1 °F. The water
pressure must not exceed the maximum
working pressure rating for the
equipment under test.
5.2.1.2. Use the provisions in section
8.7.1 of ANSI/ASHRAE 118.1–2012 to
set the tank thermostat for CHPWHs
equipped with an integral storage tank.
5.2.1.3. Initiate operation at the rated
pump flow rate and measure the outlet
water temperature. If the outlet water
temperature is maintained at 120 °F ± 5
°F with no variation in excess of 2 °F
over a three-minute period, as required
by section 8.7.2 of ANSI/ASHRAE
118.1–2012, skip to section 5.3 of this
appendix.
5.2.1.4. If the outlet water temperature
condition as specified in section 8.7.2 of
ANSI/ASHRAE 118.1–2012 is not
achieved, adjust the water flow rate over
the range of the pump’s capacity. If,
after varying the water flow rate, the
outlet water temperature is maintained
at 120 °F ± 5 °F with no variation in
excess of 2 °F over a three-minute
period, as required by section 8.7.2 of
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Entering water temperature: 110 °F ± 1 °F.
Entering water temperature: 110 °F ± 1 °F.
Entering water temperature: 110 °F ± 1 °F.
ANSI/ASHRAE 118.1–2012, skip to
section 5.3 of this appendix.
5.2.1.5. If, after adjusting the water
flow rate within the range that is
achievable by the pump, the outlet
water temperature condition as
specified in section 8.7.2 of ANSI/
ASHRAE 118.1–2012 is still not
achieved, then change the supply water
temperature to 110 °F ± 1 °F and repeat
the instructions from sections 5.2.1.2
and 5.2.1.4 of this appendix.
5.2.1. 6. If the outlet water
temperature condition cannot be met,
then a test procedure waiver is
necessary to specify an alternative set of
test conditions.
5.2.2. For direct geo-exchange, indoor
water-source, ground-source closedloop, and ground water-source CHPWHs
use the following steps:
5.2.2.1. Set the condenser supply
water temperature to 110 °F ± 1 °F. The
water pressure must not exceed the
maximum working pressure rating for
the equipment under test.
5.2.2.2. Use the provisions in section
8.7.1 of ANSI/ASHRAE 118.1–2012 to
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set the tank thermostat for CHPWHs
equipped with an integral storage tank.
5.2.2.3. Follow the steps specified in
section 8.7.2 of ANSI/ASHRAE 118.1–
2012 to obtain an outlet water
temperature of 120 °F ± 5 °F with no
variation in excess of 2 °F over a threeminute period.
5.3. Conduct the test as per section
9.1.1, ‘‘Full Input Rating,’’ of ANSI/
ASHRAE 118.1–2012. The flow rate,
‘‘FR,’’ referred to in section 9.1.1 of
ANSI/ASHRAE 118.1–2012 is the flow
rate of water through the CHPWH
expressed in gallons per minute
obtained after following the steps in
section 5.2 of this appendix. Use the
evaporator side rating conditions
specified in section 4.6 of this appendix
to conduct the test as per section 9.1.1
of ANSI/ASHRAE 118.1–2012.
5.4. Calculate the COPh of the CHPWH
according to section 10.3.1 of the ANSI/
ASHRAE 118.1–2012 for the ‘‘Full
Capacity Test Method.’’ For all
calculations, time differences must be
expressed in minutes.
[FR Doc. 2016–26211 Filed 11–9–16; 8:45 am]
BILLING CODE 6450–01–P
E:\FR\FM\10NOR2.SGM
10NOR2
]]>Agencies
[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)]
[Rules and Regulations]
[Pages 79261-79348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26211]
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DEPARTMENT OF ENERGY
10 CFR Parts 429, 430, and 431
[Docket No. EERE-2014-BT-TP-0008]
RIN 1904-AD18
Energy Conservation Program for Certain Commercial and Industrial
Equipment: Test Procedure for Commercial Water Heating Equipment
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
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SUMMARY: On May 9, 2016, the U.S. Department of Energy (DOE) published
a notice of proposed rulemaking (NOPR) to amend its test procedures for
commercial water heaters, unfired hot water storage tanks, and hot
water supply boilers (henceforth, ``commercial water heating (CWH)
equipment''). That proposed rulemaking serves as the basis for this
final rule. Specifically, this final rule incorporates by reference the
most recent versions of relevant industry standards; modifies the
existing test methods for certain classes of CWH equipment; establishes
new test procedures for determining the
[[Page 79262]]
efficiency of commercial heat pump water heaters and standby loss for
instantaneous water heaters and hot water supply boilers; clarifies
test set-up and settings for various classes of CWH equipment; revises
the certification requirements for CWH equipment; and establishes
associated definitions.
DATES: The effective date of this rule is December 12, 2016. The final
rule changes will be mandatory for representations related to energy
efficiency or energy use starting November 6, 2017. The incorporation
by reference of certain publications listed in this rule is approved by
the Director of the Federal Register on December 12, 2016.
ADDRESSES: The docket, which includes Federal Register notices, public
meeting attendee lists and transcripts, comments, and other supporting
documents/materials, is available for review at www.regulations.gov.
All documents in the docket are listed in the www.regulations.gov
index. However, not all documents listed in the index may be publicly
available, such as those containing information that is exempt from
public disclosure.
A link to the docket Web page can be found at: https://www.regulations.gov/docket?D=EERE-2014-BT-TP-0008. This Web page
contains a link to the docket for this rulemaking on the
www.regulations.gov site. The docket Web page contains simple
instructions on how to access all documents, including public comments,
in the docket.
For further information on how to review the docket, contact the
Appliance and Equipment Standards Program staff at (202) 586-6636 or by
email: CommWaterHeatingEquip2014TP0008@;ee.doe.gov.
FOR FURTHER INFORMATION CONTACT:
Ms. Ashley Armstrong, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone:
(202) 586-6590. Email: ee.doe.gov">Ashley.Armstrong@ee.doe.gov.
Mr. Eric Stas or Ms. Jennifer Tiedeman, U.S. Department of Energy,
Office of the General Counsel, GC-33, 1000 Independence Avenue SW.,
Washington, DC 20585-0121. Telephone: (202) 586-9507 or (202) 287-6111.
Email: Eric.Stas@hq.doe.gov or Jennifer.Tiedman@hq.doe.gov.
SUPPLEMENTARY INFORMATION: This final rule incorporates by reference
the following industry standards into part 431:
(1) American National Standards Institute, (ANSI) Standard
Z21.10.3-2015/Canadian Standards Association (CSA) Standard 4.3-2015,
``Gas-fired water heaters, volume III, storage water heaters with input
ratings above 75,000 Btu per hour, circulating and instantaneous,''
ANSI approved on October 5, 2015, Annex E (normative) Efficiency test
procedures--E.1 ``Method of test for measuring thermal efficiency,''
Paragraph c, ``Vent requirements'' and Paragraph f, ``Installation of
temperature sensing means'';
(2) American Society of Heating, Refrigeration and Air-Conditioning
Engineers, ANSI/ASHRAE Standard 118.1-2012, ANSI approved on October
27, 2012, ``Method of Testing for Rating Commercial Gas, Electric, and
Oil Service Water-Heating Equipment''; Section 3 ``Definition and
Symbols,'' Section 4 ``Classifications by Mode of Operation,'' Section
6 ``Instruments,'' Section 7 ``Apparatus,'' Section 8 ``Methods of
Testing,'' Section 9 ``Test Procedures,'' and Section 10 ``Calculation
of Results'';
(3) ASTM International (ASTM) C177-13, ``Standard Test Method for
Steady-State Heat Flux Measurements and Thermal Transmission Properties
by Means of the Guarded-Hot-Plate Apparatus,'' approved September 15,
2013;
(4) ASTM C518-15, ``Standard Test Method for Steady-State Thermal
Transmission Properties by Means of the Heat Flow Meter Apparatus,''
approved September 1, 2015; and
(5) ASTM D2156-09 (Reapproved 2013), ``Standard Test Method for
Smoke Density in Flue Gases from Burning Distillate Fuels,'' approved
October 1, 2013.
Copies of ANSI Z21.10.3-2015/CSA 4.3-2015 and ANSI/ASHRAE 118.1-
2012 can be obtained from the American National Standards Institute, 25
W. 43rd Street, 4th Floor, New York, NY 10036, (212) 642-4800, or by
going to https://webstore.ansi.org/.
Copies of ASTM C177-13, ASTM C518-15, and ASTM D2156-09 can be
obtained from ASTM International, 100 Barr Harbor Drive, P.O. Box C700,
West Conshohocken, PA 19428-2959, (610) 832-9585, or by going to https://www.astm.org/Standard/.
See section IV.N of this final rule for further discussion of these
standards.
Table of Contents
I. Authority and Background
II. Synopsis of the Final Rule
III. Discussion
A. Updated Industry Test Methods
1. ANSI Z21.10.3 Testing Standard
2. ASTM Standard Test Method D2156 and Smoke Spot Test
3. ASTM Test Standards C177 and C518
B. Ambient Test Conditions and Measurement Intervals
1. Ambient Room Temperature
2. Test Air Temperature
3. Ambient Relative Humidity
4. Maximum Air Draft
5. Measurement Intervals
C. Test Set-Up for Storage and Storage-Type Instantaneous Water
Heaters
D. Test Method for Unfired Hot Water Storage Tanks
E. Setting the Tank Thermostat for Storage and Storage-Type
Instantaneous Water Heaters
1. Gas-fired and Oil-Fired Storage Water Heaters
2. Electric Storage Water Heaters
F. Steady-State Requirements and Soak-In Period
1. Steady-State Verification
2. Clarifying Statements
3. Soak-In Period
G. Definitions for Certain Consumer Water Heaters and Commercial
Water Heating Equipment
1. Consumer Water Heaters
2. Commercial Water Heating Equipment
3. Residential-Duty Commercial Water Heaters
4. Storage-Type Instantaneous Water Heaters
H. Standby Loss Test for Instantaneous Water Heaters and Hot
Water Supply Boilers
1. Definition of Flow-Activated Instantaneous Water Heater
2. Storage Volume Determination for Instantaneous Water Heaters
and Hot Water Supply Boilers (Excluding Storage-Type Instantaneous
Water Heaters)
3. Standby Loss Test Procedures for Instantaneous Water Heaters
and Hot Water Supply Boilers (Other Than Storage-Type Instantaneous
Water Heaters)
I. Test Set-Up for Commercial Instantaneous Water Heaters and
Hot Water Supply Boilers
1. Location of Outlet Water Temperature Measurement
2. Multiple Outlet Water Connections
3. Supply and Outlet Water Valves
4. Additional Comments
5. Test Set-Up for Instantaneous Water Heaters and Hot Water
Supply Boilers
J. Test Procedure for Rating Commercial Heat Pump Water Heaters
1. Definitions of CHPWH
2. Test procedure for CHPWH
K. Gas Pressure
L. Fuel Input Rate
1. Certification Provisions
2. Enforcement Provisions
M. Default Values for Certain Test Parameters for Commercial
Water Heating Equipment
N. Certification Requirements
O. Other Issues
1. Timing of the Test Procedure and Energy Conservation
Standards Rulemakings
2. Other Comments
3. Waiver Requests
[[Page 79263]]
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866
B. Review Under the Regulatory Flexibility Act
1. Need for, and Objectives of, the Rule
2. Significant Issues Raised in Response to the IRFA
3. Description and Estimate of the Number of Small Entities
Affected
4. Description and Estimate of Compliance Requirements
5. Significant Alternatives to the Rule
C. Review Under the Paperwork Reduction Act of 1995
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 Section 32 of the Federal Energy Administration
Act of 1974
M. Congressional Notification
N. Description of Materials Incorporated by Reference
V. Approval of the Office of the Secretary
I. Authority and Background
Title III, Part C \1\ of the Energy Policy and Conservation Act of
1975 (EPCA or the Act), Public Law 94-163 (42 U.S.C. 6311-6317, as
codified), added by Public Law 95-619, Title IV, section 441(a), sets
forth a variety of provisions designed to improve energy efficiency.\2\
It established the ``Energy Conservation Program for Certain Industrial
Equipment,'' a program covering certain commercial and industrial
equipment (hereafter referred to as ``covered equipment''), which
includes the commercial water heating (CWH) equipment that is the
subject of this rulemaking. (42 U.S.C. 6311(1)(K)) Title III, Part B
\3\ of EPCA (42 U.S.C. 6291-6309, as codified) sets forth a variety of
provisions designed to improve energy efficiency and established the
Energy Conservation Program for Consumer Products Other Than
Automobiles. This includes consumer water heaters, which are also
addressed in this rulemaking. (42 U.S.C. 6292(a)(4))
---------------------------------------------------------------------------
\1\ For editorial reasons, Part C was codified as Part A-1 in
the U.S. Code.
\2\ All references to EPCA in this document refer to the statute
as amended through the Energy Efficiency Improvement Act of 2015
(EEIA 2015), Public Law 114-11 (April 30, 2015).
\3\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated as Part A.
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Under EPCA, the energy conservation programs for consumer products
and industrial equipment generally consist of four parts: (1) Testing;
(2) labeling; (3) establishing Federal energy conservation standards;
and (4) certification and enforcement procedures. The testing
requirements consist of test procedures that manufacturers of covered
products and equipment must use as both the basis for certifying to DOE
that their products and equipment comply with the applicable energy
conservation standards adopted pursuant to EPCA, and for making
representations about the efficiency of that equipment. (42 U.S.C.
6293(c); 42 U.S.C. 6295(s); 42 U.S.C. 6314; 42 U.S.C. 6316)
The initial test procedures for CWH equipment were added to EPCA by
the Energy Policy Act of 1992 (EPACT 1992), Public Law 102-486, and
correspond to those referenced in ASHRAE and Illuminating Engineering
Society of North America (IESNA) Standard 90.1-1989 (i.e., ASHRAE
Standard 90.1-1989) which went into effect on October 24, 1992. (42
U.S.C. 6314(a)(4)(A)) EPCA requires that if an industry test procedure
that is referenced in ASHRAE Standard 90.1 is amended, DOE must amend
its test procedure to be consistent with the amended industry test
procedure, unless DOE determines that the amended test procedure is not
reasonably designed to produce test results that reflect the energy
efficiency, energy use, or estimated operating costs of the equipment
during a representative average use cycle. In addition, DOE must
determine that the amended test procedure is not unduly burdensome to
conduct. (42 U.S.C. 6314(a)(2), (3) and (4)(B))
If DOE determines that a test procedure amendment is warranted, it
must publish a proposed test procedure in the Federal Register and
offer the public an opportunity to present oral and written comments.
(42 U.S.C. 6314(b)(1)-(2)) When amending a test procedure, DOE must
determine to what extent, if any, the proposed test procedure would
alter the equipment's energy efficiency as determined under the
existing test procedure. (42 U.S.C. 6293(e); 42 U.S.C. 6314(a)(4)(C))
The Energy Independence and Security Act of 2007 (EISA 2007),
Public Law 110-140, amended EPCA to require that at least once every 7
years, DOE must review test procedures for each type of covered
equipment, including CWH equipment, and either: (1) Amend the test
procedures if the Secretary of Energy (Secretary) determines that the
amended test procedures would more accurately or fully comply with the
requirements of 42 U.S.C. 6314(a)(2)-(3),\4\ or (2) publish a notice of
determination not to amend a test procedure. (42 U.S.C. 6314(a)(1)(A))
Under this requirement, DOE must review the test procedures for CWH
equipment no later than May 16, 2019, which is 7 years after the most
recent final rule amending the Federal test method for CWH
equipment.\5\ This final rule satisfies the requirement to review the
test procedure for CWH equipment within 7 years, as well as the
aforementioned requirement that DOE amend its test procedure if an
industry test procedure is updated.
---------------------------------------------------------------------------
\4\ 42 U.S.C. 6314(a)(2) requires that test procedures be
reasonably designed to produce test results which reflect energy
efficiency, energy use, and estimated operating costs of a type of
industrial equipment (or class thereof) during a representative
average use cycle (as determined by the Secretary), and not be
unduly burdensome to conduct.
42 U.S.C. 6314(a)(3) requires that if the test procedure is a
procedure for determining estimated annual operating costs, such
procedure must provide that such costs are calculated from
measurements of energy use in a representative average-use cycle (as
determined by the Secretary), and from representative average unit
costs of the energy needed to operate such equipment during such
cycle. The Secretary must provide information to manufacturers of
covered equipment regarding representative average unit costs of
energy.
\5\ DOE published a final rule in the Federal Register on May
16, 2012, that, in relevant part, amended its test procedure for
commercial water heating equipment. 77 FR 28928.
---------------------------------------------------------------------------
DOE's test procedure for CWH equipment is found at 10 CFR 431.106,
Uniform test method for the measurement of energy efficiency of
commercial water heaters and hot water supply boilers (other than
commercial heat pump water heaters).\6\ DOE's test procedure for CWH
equipment provides a method for determining the thermal efficiency and
standby loss of CWH equipment. In a direct final rule for test
procedures for CWH equipment, DOE incorporated by reference certain
sections of ANSI Standard Z21.10.3-1998 (ANSI Z21.10.3-1998), Gas Water
Heaters, Volume III, Storage Water Heaters With Input Ratings Above
75,000 Btu Per Hour, Circulating and Instantaneous. 69 FR 61974, 61983
(Oct. 21, 2004). On May 16, 2012, DOE published a final rule for
certain commercial heating, air-conditioning, and water heating
equipment in the Federal Register that, among other things, updated the
test procedures for certain CWH equipment by incorporating by reference
ANSI
[[Page 79264]]
Z21.10.3-2011. 77 FR 28928, 28996. These updates did not materially
alter DOE's test procedure for CWH equipment.
---------------------------------------------------------------------------
\6\ DOE has reserved a place in its regulations for a test
procedure for commercial heat pump water heaters at 10 CFR 431.107,
Uniform test method for the measurement of energy efficiency for
commercial heat pump water heaters. However, in this final rule, DOE
is removing 431.107 and addressing the test method for commercial
heat pump water heaters in Appendix E to Subpart G of 10 CFR 431.
---------------------------------------------------------------------------
The American Energy Manufacturing Technical Corrections Act
(AEMTCA), Public Law 112-210, was signed into law on December 18, 2012,
and amended EPCA to require that DOE publish a final rule establishing
a uniform efficiency descriptor and accompanying test methods for
consumer water heaters and certain CWH equipment. (42 U.S.C.
6295(e)(5)) AEMTCA required DOE to replace the current efficiency
metric for consumer water heaters (energy factor) and the current
efficiency metrics for commercial water heaters (thermal efficiency and
standby loss) with a uniform efficiency descriptor. (42 U.S.C.
6295(e)(5)(C)) Further, AEMTCA required that the uniform efficiency
descriptor and accompanying test method apply, to the maximum extent
possible, to all water heating technologies currently in use and to
future water heating technologies. (42 U.S.C. 6295(e)(5)(H)) However,
AEMTCA allowed DOE to exclude from the uniform efficiency descriptor
specific categories of covered water heaters that do not have
residential uses, that can be clearly described, and that are
effectively rated using the current thermal efficiency and standby loss
descriptors. (42 U.S.C. 6295(e)(5)(F))
DOE published a final rule for test procedures for certain CWH
equipment on July 11, 2014 (``July 2014 final rule''). 79 FR 40542. The
July 2014 final rule modified the current consumer water heater metric
(energy factor) to create uniform energy factor (UEF), the descriptor
to be used as the uniform efficiency descriptor for all consumer water
heaters and CWH equipment that have residential uses. Id. at 40544. The
July 2014 final rule excluded CWH equipment from the uniform descriptor
equipment that has no residential use, that can be clearly identified
and described, and that is effectively rated using the current thermal
efficiency and standby loss efficiency descriptors. In the July 2014
final rule, DOE defined and adopted a new test method for
``residential-duty commercial water heaters,'' which are commercial
water heaters that have residential uses. Id.
For this final rule for CWH equipment test procedures, DOE is only
amending test procedures for the CWH equipment classes that are not
``residential-duty commercial water heaters'' as adopted in the July
2014 final rule.\7\ On February 27, 2014, DOE published in the Federal
Register a request for information (February 2014 RFI) to seek public
comments on several issues associated with the current test procedure
for CWH equipment. 79 FR 10999. On May 9, 2016, DOE published a NOPR
proposing amendments to its procedures for certain CWH equipment (May
2016 NOPR). 81 FR 28588. The May 2016 NOPR considered and responded to
comments received in response to the February 2014 RFI.
---------------------------------------------------------------------------
\7\ Although DOE did not consider amended test procedures for
residential-duty commercial water heaters, DOE is amending the
definition for ``residential-duty commercial water heater,'' as
discussed in section III.G.3.
---------------------------------------------------------------------------
In this final rule, DOE responds to all comments received from
interested parties in response to the proposals presented in the May
2016 NOPR, either during the May 2016 NOPR public meeting or in
subsequent written comments.
II. Synopsis of the Final Rule
As explained in detail in section III, in this final rule, DOE
amends subpart G of 10 CFR part 431 to:
Incorporate by reference certain provisions of the most
current version of the following industry standards, older versions of
which are currently incorporated into DOE's regulations: (1) ANSI
Z21.10.3-2015/CSA 4.3-2015, Gas-fired Water Heaters, Volume III,
Storage Water Heaters with Input Ratings Above 75,000 Btu Per Hour,
Circulating and Instantaneous; (2) ASTM Standard Test Method D2156-09,
Standard Test Method for Smoke Density in Flue Gases from Burning
Distillate Fuels; (3) ASTM Standard Test Method C177-13, Standard Test
Method for Steady-State Heat Flux Measurements and Thermal Transmission
Properties by Means of the Guarded-Hot-Plate Apparatus; and (4) ASTM
Test Standard Method C518-15, Standard Test Method for Steady-State
Thermal Transmission Properties by Means of the Heat Flow Meter
Apparatus;
Update the requirements for ambient condition
requirements, measurement locations, and measurement intervals for the
thermal efficiency and standby loss test procedures;
Amend the test set-up requirements for storage water
heaters, storage-type instantaneous water heaters, instantaneous water
heaters, and hot water supply boilers;
Update provisions for setting the tank thermostat for
storage and storage-type instantaneous water heaters prior to the
thermal efficiency and standby loss tests;
Update requirements for establishing steady-state
operation for CWH equipment;
Update existing and adopt new definitions for certain
consumer water heaters, certain CWH equipment, residential-duty
commercial water heater and storage-type instantaneous water heaters;
Update the test set-up for instantaneous water heaters and
hot water supply boilers that are tested using a recirculating loop;
Adopt a new standby loss test procedure for flow-activated
and externally-activated instantaneous water heaters;
Modify the standby loss test procedure for internally
thermostatically-activated instantaneous water heaters;
Update the test procedure for determination of storage
volume for instantaneous water heaters and hot water supply boilers
(other than storage-type instantaneous water heaters);
Adopt requirements for gas supply pressure and gas outlet
pressure of gas-fired CWH equipment;
Adopt a new test procedure for rating commercial heat pump
water heaters (CHPWHs) based on certain sections incorporated by
reference from ANSI/ASHRAE Standard 118.1-2012, Method of Testing for
Rating Commercial Gas, Electric, and Oil Service Water-Heating
Equipment;
Adopt provisions for measurement and enforcement of fuel
input rate; and
Specify default values for certain parameters for testing
oil-fired CWH equipment.
The final rule also amends 10 CFR part 429 to clarify certification
requirements and enforcement procedures for certain CWH equipment, and
amends certain definitions in 10 CFR part 430. Specifically, in 10 CFR
part 430, this final rule removes the definitions of ``Electric heat
pump water heater'' and ``Gas-fired heat pump water heater,'' and
revises the definitions of ``Electric instantaneous water heater,''
``Electric storage water heater,'' ``Gas-fired instantaneous water
heater,'' ``Gas-fired storage water heater,'' ``Oil-fired instantaneous
water heater,'' and ``Oil-fired storage water heater.''
III. Discussion
Table III-1 presents the list of interested parties that submitted
written comments in response to the May 2016 NOPR.
[[Page 79265]]
Table III-1--Interested Parties Providing Comment in Response to the May
2016 NOPR
------------------------------------------------------------------------
Commenter
Name Abbreviation type\*\
------------------------------------------------------------------------
A.O. Smith Corporation and A.O. Smith.......... M
Lochinvar, LLC.
Air-Conditioning, Heating, and AHRI................ IR
Refrigeration Institute.
American Gas Association and Gas Associations.... IR
American Public Gas Association.
Appliance Standards Awareness Joint Advocates EA
Project and American Council for (ASAP and ACEEE).
an Energy-Efficient Economy.
Bock Water Heaters, Inc.......... Bock................ M
Bradford White Corporation....... Bradford White...... M
Bradley Corporation.............. Bradley............. M
California Investor Owned CA IOUs............. IR
Utilities.
Earthlinked Technologies Inc..... Earthlinked......... M
Edison Electric Institute........ EEI................. IR
GE Appliances.................... GE.................. M
HTP, Inc......................... HTP................. M
Lochinvar, LLC................... Lochinvar........... M
Northwest Energy Efficiency NEEA................ EA
Alliance.
Raypak, Inc...................... Raypak.............. M
Rheem Corporation................ Rheem............... M
Rinnai America Corporation....... Rinnai.............. M
------------------------------------------------------------------------
* ``IR'': Industry Representative; ``M'': Manufacturer; ``EA'':
Efficiency/Environmental Advocate.
These interested parties commented on a range of issues, including
those identified by DOE in the May 2016 NOPR, as well as other issues
related to the proposed test procedure. The issues, the comments
received, DOE's responses to those comments, and the resulting changes
to the NOPR test procedure proposals for CWH equipment adopted in this
final rule are discussed in the following subsections.
A. Updated Industry Test Methods
DOE's test procedure for measuring the energy efficiency for CWH
equipment currently incorporates by reference the industry standard
ANSI Z21.10.3-2011 at 10 CFR 431.105. Additionally, DOE lists ASTM
Standard Test Methods D2156-80, C177-97, and C518-91 as sources of
information and guidance in 10 CFR 431.104. DOE defines ``ASTM Standard
Test Method D2156-80'' at 10 CFR 431.102, and points to this source in
DOE's current test procedure at 10 CFR 431.106. DOE points to ASTM
C177-97 and ASTM C518-91 in its definition of ``R-value'' at 10 CFR
431.102. In the May 2016 NOPR, DOE proposed to update the references to
industry test methods to incorporate the most recent version available
of each of these standards.
As described in section I, with respect to CWH equipment, EPCA
initially directs DOE to use industry test methods as referenced in
ASHRAE/IES Standard 90.1, ``Energy Standard for Buildings Except Low-
Rise Residential Buildings.'' (42 U.S.C. 6314(a)(4)(A)) If and when
such an industry test method is amended, EPCA requires that DOE amend
its test procedure as necessary to be consistent with the amended
industry test method unless it determines, by rule published in the
Federal Register and supported by clear and convincing evidence, that
the amended test procedure would be unduly burdensome to conduct or
would not produce test results that reflect the energy efficiency,
energy use, and estimated operating costs of that equipment during a
representative average use cycle. (42 U.S.C. 6314(a)(2), (3) and
(4)(B))
AHRI and Rheem stated that DOE is obligated to adopt generally
accepted industry testing procedures and may only adopt an alternate
procedure upon proving by clear and convincing evidence that the
industry test standard is not designed to reflect the energy efficiency
of the equipment being tested or is unduly burdensome to conduct.
(AHRI, No. 26 at pp. 3-4, Rheem No. 34 at p. 2) AHRI argued that the
May 2016 NOPR does not address this statutory requirement and instead
shifts the burden of data production to the regulated industry, and
further argued that DOE must quantify the benefits of the proposed test
procedure over the industry test standards. (AHRI, No. 26 at pp. 3-4)
Rheem asserted that the appropriate reason to amend the current Federal
test procedure is the statutory requirement to amend the Federal test
procedure whenever the industry-accepted test standard for commercial
water heating equipment is amended, and recommended that DOE adopt the
industry-accepted test procedure rather than amendments to it. Rheem
added that, in its view, the proposed test procedures lack
justification, are burdensome, and are contradictory to the
requirements of Executive Order 12988, ``Civil Justice Reform.''
(Rheem, No. 34 at pp. 1-4) A. O. Smith stated that the proposed test
procedure is not justified by empirical and qualitative data. (A. O.
Smith, No. 27 at p. 1)
DOE does not agree with commenters' interpretations of the relevant
statutory provisions at issue here. Under 42 U.S.C. 6314(a)(4)(B), when
DOE is triggered by the amendment of an industry test method applicable
to ASHRAE equipment, the Secretary is directed to undertake an
assessment of that industry test method to determine whether amendments
to the Federal test procedure are ``necessary'' to be ``consistent''
with the amended industry test method. (There may be cases where the
industry standard-setting organization reviews its method and puts out
a new version with minimal or no changes, in which case it may not be
necessary for DOE to amend its own test procedure.) The term
``consistent'' does not equate to ``identical,'' so Congress envisioned
that some differentiation from the industry standard may be necessary.
However, in the event DOE determines that a more significant deviation
from the industry test method is needed (i.e., a change that would not
be ``consistent'' with the industry method), the Secretary must
determine by rule published in the Federal Register and supported by
clear and convincing evidence that a Federal test procedure consistent
with the industry test method would not meet the requirements of 42
U.S.C. 6314(a)(2) and (3). It is only in the latter case that the clear
and convincing evidence standard would apply.
In DOE's experience, industry standard-setting bodies typically
[[Page 79266]]
undertake a thorough and professional approach to their test
procedures. However, DOE must remain cognizant of its statutory duty to
ensure that the Federal test method be consistent with the industry
test method while meeting other statutory requirements at 42 U.S.C.
6314(a)(2)-(3) (including that the procedure produces test results that
reflect the energy efficiency, energy use, and estimated operating
costs of that equipment during a representative average use cycle and
is not unduly burdensome to conduct). To the extent that DOE identifies
provisions of the relevant industry test method that would produce
inaccurate, inconsistent, or unrepeatable results, as demonstrated by
DOE's testing or analysis, such results would be unlikely to reflect a
product's representative average energy efficiency or use. Such
findings would demonstrate that the industry test procedure would not
meet the statutory requirements of 42 U.S.C. 6314(a)(2)-(3) without
alteration, thereby justifying DOE's decision to modify the industry
test procedure (or in certain instances, even to deviate from the
industry test procedure entirely, in which case the clear and
convincing evidence standard would apply). That is why DOE usually
adopts certain sections of industry test methods rather than adopting
industry methods wholesale and adjusts the industry test methods as
needed to satisfy the aforementioned statutory requirements. Such is
the case here, where DOE is adopting amended test procedures that are
largely consistent with the industry test methods (parts of which are
incorporated by reference), and any deviations from those industry test
methods adopted in this final rule are intended to clarify the test
method to ensure consistent application, improve repeatability, or make
the test method more representative of the energy efficiency during a
representative average use cycle, and ensure that the test procedure is
not unduly burdensome to conduct.
DOE is tasked with providing clear, repeatable procedures through
the rulemaking process. The differences between the Federal test
methods that DOE is adopting in this final rule and the industry test
methods, and the rationale for these differences, are explained in
detail in the sections that follow. As one example, a major difference
between the test method DOE is adopting in this final rule and the
method contained in ANSI Z21.10.3-2015 is the method for setting the
thermostat for gas-fired and oil-fired storage water heaters--DOE
requires the thermostat be set based on the reading from the top-most
thermostat, while ANSI Z21.10.3-2015 requires the thermostat be set
based on the mean temperature of the water stored within the tank. As
discussed in detail in section III.E.1 below, certain CWH designs
having a large amount of stratification cannot achieve the mean tank
temperature of 140 5[emsp14][deg]F required by ANSI
Z21.10.3-2015. Thus, if DOE were to adopt the industry method
wholesale, there would be certain models that could not be tested in
accordance with the test procedure. Further, the thermostats of gas-
fired and oil-fired storage water heaters are generally set in the
field to deliver water at the temperature needed for the application,
without regard to the mean temperature of the water stored within the
tank, as it is typically not relevant to the user as long as the water
at the outlet can meet the temperature requirement for the application.
Therefore, for this particular example, the DOE test method adopted in
this final rule differs from the industry standard only to the extent
that it is appropriate for and can be used for all types of CWH
equipment. This approach to amending test procedures both maintains
consistency with the industry test method and ensures that the Federal
test method meets the statutory requirements set forth above.
Nonetheless, assuming that DOE requires clear and convincing
evidence for its amendments to industry standards here, DOE believes
its findings fully satisfy that threshold. To explain that conclusion,
DOE articulates how it understands the ``clear and convincing
evidence'' concept to operate in the context of DOE's establishing of
test procedures. A rulemaking procedure is unlike the context of
litigation, where ``clear and convincing'' means that the evidence must
``place in the ultimate factfinder an abiding conviction that the
truth'' of its conclusions is ``highly probable.'' \8\ Nonetheless, DOE
fully recognizes that whenever it must have ``clear and convincing
evidence'' pursuant to 42 U.S.C. 6314(a), it needs a higher degree of
confidence in its conclusions than would be required under the
``preponderance'' standard that ordinarily applies in agency
rulemaking. In such matters, the administrative record, taken as a
whole, must justify DOE in a strong conviction that its conclusions are
highly likely to be correct.\9\
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\8\ Colorado v. New Mexico, 467 U.S. 310, 316 (1984).
\9\ Because a test procedure rulemaking is not a litigation, the
differences warrant some differences in how the ``clear and
convincing evidence'' threshold operates. DOE both develops the
record and reviews it to make findings. Also, as an agency tasked
with setting policy, DOE is ordinarily expected to use its technical
judgment.
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For purposes of establishing test procedures under 42 U.S.C.
6314(a), ``clear and convincing evidence'' can include the same sorts
of evidence that DOE would use in any other rulemaking. But DOE will
conclude it has ``clear and convincing evidence'' only when it is
strongly convinced that it is highly likely to have reached appropriate
findings. With respect to the findings discussed in this rulemaking,
DOE does have that strong conviction.
In addition, contrary to AHRI's assertion, DOE is under no
statutory obligation to quantify the benefits of adopting improved test
procedures other than to find that the test procedures are not unduly
burdensome to conduct. In response to Rheem's suggestion that DOE
simply adopt industry test methods without amendment, where the
industry-based test procedure contains one or more provisions that
would prevent it from generating results that meet the requirements of
the statute, EPCA directs DOE to adopt a Federal test procedure that
resolves the identified problem(s)--not to adopt the industry method
unquestioned. See 42 U.S.C. 6314(a)(2), (3) and (4). For the example
given above, the industry test method cannot be used without
modification for certain CWH equipment, as those equipment are not
designed to operate in the manner prescribed by the industry test
method. Therefore, the energy efficiency resulting from the industry
test method (if possible to test) would not reflect the energy
efficiency of that equipment during a representative average use cycle,
and in such instances EPCA requires DOE to modify the test procedure.
Consistent with this authority, DOE is adopting a test procedure
that is generally consistent with the industry-based test procedure.
The justification and evidence supporting each provision adopted is
described in the sections that follow, including DOE's compliance with
Executive Order 12988, which is addressed in section IV.F of this final
rule.
The following subsections discuss revisions to DOE's test procedure
for CWH equipment vis-[agrave]-vis these industry standards.
1. ANSI Z21.10.3 Testing Standard
As previously noted, DOE's test procedure for measuring the energy
efficiency for CWH equipment currently incorporates by reference the
industry
[[Page 79267]]
standard ANSI Z21.10.3-2011 at 10 CFR 431.105. Specifically, the DOE
test procedures at 10 CFR 431.106 directs one to follow Exhibits G.1
and G.2 of ANSI Z21.10.3-2011 for measuring thermal efficiency and
standby loss, respectively. An updated edition of the industry test
method, ANSI Z21.10.3-2015/CSA 4.3-2015, Gas-fired Water Heaters,
Volume III, Storage Water Heaters with Input Ratings Above 75,000 Btu
Per Hour, Circulating and Instantaneous (hereinafter referred to as
``ANSI Z21.10.3-2015''), was approved on October 5, 2015, and released
in November 2015.
In the May 2016 NOPR, DOE proposed to incorporate by reference
certain sections of ANSI Z21.10.3-2015 in its test procedures for CWH
equipment. 81 FR 28588, 28595 (May 9, 2016). Specifically, DOE proposed
to incorporate by reference only Annex E.1 of ANSI Z21.10.3-2015 (which
corresponds to Exhibit G.1 of ANSI Z21.10.3-2011). As discussed in the
May 2016 NOPR, DOE did not propose to incorporate by reference Annex
E.2 of ANSI Z21.10.3-2015 (which corresponds to Exhibit G.2 of ANSI
Z21.10.3-2011) because of an error in a standby loss equation; however,
DOE included certain language from Annex E.2 in its standby loss test
procedures proposed in the May 2016 NOPR. Id. DOE has concluded that
the standby loss test procedure for storage-type CWH equipment adopted
in this final rule is consistent with the approach taken by Annex E.2
of ANSI Z21.10.3-2015; nonetheless, any differences in the DOE test
method (as discussed in the applicable subsections within section III
of this notice) are also supported by clear and convincing evidence. CA
IOUs responded to the May 2016 NOPR by expressing support for updating
the reference to ANSI Z21.10.3-2015 with as-needed modifications. (CA
IOUs, No. 23 at p. 1) In the May 2016 NOPR, DOE's proposed test
procedures included specific references to sections c, f, and j of
Annex E.1 of ANSI Z21.10.3-2015. 81 FR 28588, 28595 (May 9, 2016)
However, as discussed in section III.F.1 of this final rule, DOE is
adopting new requirements for establishing steady-state operation prior
to the thermal efficiency test, as recommended by several stakeholders.
Therefore, in this final rule, DOE is not referencing section j of
Annex E.1 of ANSI Z21.10.3-2015, which includes conduct of the thermal
efficiency test and establishment of steady-state operation. However,
DOE is adopting language and equations for determination of thermal
efficiency that are similar to those included in section j of Annex E.1
of ANSI Z21.10.3-2015. Consequently, in this final rule DOE is amending
its test procedures for CWH equipment by incorporating by reference
sections c and f (``Vent requirements'' and ``Installation of
temperature-sensing means,'' respectively) of Annex E.1 of ANSI
Z21.10.3-2015.
ANSI Z21.10.3-2015 also includes a new standby loss test
procedure--Annex E.3, Method of test for measuring standby loss for
tube type instantaneous water heaters with 10 or greater gallons of
storage. This procedure provides a method to test standby loss of
instantaneous water heaters and hot water supply boilers, including
those that require continuous flow of water to activate the burner or
heating element (i.e., ``flow-activated instantaneous water heaters'').
DOE reviewed this test procedure for the May 2016 NOPR and discussed
the issues with incorporating Annex E.3 of ANSI Z21.10.3-2015 as a test
procedure for conducting the standby loss test for flow-activated
instantaneous water heaters. Specifically, DOE noted that Annex E.3 of
ANSI Z21.10.3-2015 contained several apparent errors, such as equations
that appeared to have typos and variables that were incorrectly
defined. Further, the test method in Annex E.3 would have ended the
test after 1 hour, and assumed that the entire amount of thermal energy
contained in the stored water above room temperature is lost in exactly
1 hour, regardless of the rate at which the equipment actually loses
heat. DOE tentatively concluded that such a procedure would unfairly
assume the same rate of standby losses for models that may lose heat at
different rates, and would not be representative of the energy
efficiency of this equipment. DOE discussed these issues in detail in
section III.G of the May 2016 NOPR. Ultimately, in the May 2016 NOPR,
DOE proposed a test procedure similar to Annex E.3 of ANSI Z21.10.3-
2015 with modifications to: (1) The equation to calculate the standby
loss; (2) the conduct of the test; (3) the parameters that need to be
measured; and (4) the stopping criteria for the test. 81 FR 28588,
28607-28613 (May 9, 2016). In the May 2016 NOPR, DOE also proposed to
adopt a different method for determining the storage volume for use in
the standby loss calculation for flow-activated instantaneous water
heaters than that specified by Annex E.3 of ANSI Z21.10.3-2015.
Specifically, DOE proposed to use a weight-based method similar to the
method specified in section 5.27 of ANSI Z21.10.3-2015, rather than the
method included in section 5.28 of ANSI Z21.10.3-2015, which leaves the
actual method for determining storage volume to the discretion of the
test entity.
In section III.H of this final rule, DOE discusses the comments
received from interested parties on the proposed test procedure for
flow-activated instantaneous water heaters, including comments on the
methodology used to determine the storage volume. In addition, based on
the comments received, DOE has expanded the applicability of the
adopted test procedure to externally thermostatically-activated
instantaneous water heaters and modified the methodology to determine
the storage volume to allow the measurement using calculations of
physical (or design drawing) based dimensions. For additional details,
see section III.H of this final rule.
2. ASTM Standard Test Method D2156 and Smoke Spot Test
DOE's current test procedure for oil-fired CWH equipment at 10 CFR
431.106 points to ASTM Standard Test Method D2156-80. Specifically, DOE
requires that smoke in the flue does not exceed No. 1 smoke \10\ as
measured by the procedure in ASTM D2156-80. A more recent version of
ASTM D2156 was approved on December 1, 2009, and reapproved on October
1, 2013. After reviewing D2156-80 and D2156-09 for the May 2016 NOPR,
DOE tentatively concluded that no substantive changes were made between
these versions in the test method for determining the smoke spot
number, and therefore DOE proposed to incorporate by reference ASTM
D2156-09 in its test procedures for oil-fired CWH equipment. 81 FR
28588, 28595 (May 9, 2016). In response to the May 2016 NOPR, several
parties expressed support in updating references to ASTM D1246-09.
(Bock, No. 19 at p. 1; AHRI, No. 26 at p. 13; A.O. Smith, No. 27 at p.
2) DOE did not receive any other comments on this proposal, and,
therefore, DOE is incorporating by reference ASTM D2156-09 in its test
procedures for oil-fired CWH equipment in appendices A, C, and E to
subpart G of 10 CFR part 431.
---------------------------------------------------------------------------
\10\ The smoke scale, as described in ASTM D156, consists of ten
spots numbered consecutively from 0 to 9, ranging in equal
photometric steps from white through neutral shades of gray to
black.
---------------------------------------------------------------------------
DOE's current requirement for the flue gas smoke spot number for
oil-fired CWH equipment requires that the smoke in the flue does not
exceed No. 1 smoke;
[[Page 79268]]
however, the regulations do not specify when during the test to
determine the smoke spot number. To improve consistency and
repeatability of testing CWH equipment, in the May 2016 NOPR, DOE
proposed to specify when to conduct the smoke spot test. 81 FR 28588,
28596 (May 9, 2016). Specifically, DOE proposed to require
determination of the smoke spot number after steady-state operation has
been achieved, but prior to beginning measurement for the thermal
efficiency test. For the thermal efficiency test, DOE proposed to
require that the smoke spot number be determined after steady-state
condition has been reached (with steady-state defined as being achieved
when there is no variation of the outlet water temperature in excess of
2 [deg]F over a 3-minute period). For the standby loss test, DOE
proposed to require determination of the smoke spot number after the
first cut-out \11\ before beginning measurements for the standby loss
test. DOE also proposed to require that the CO[deg]reading, which is
required to be measured when testing oil-fired CWH equipment under
DOE's current test procedures specified at 10 CFR 431.106, also be
measured at the time required for determination of the smoke spot
number.
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\11\ Cut-out refers to the de-activation of the burner or
heating element following a control signal that the stored water is
heated to the thermostat set-point temperature or the call for hot
water has ended. The thermostat that signals the burner to activate
or de-activate may be located inside the unit or outside the unit at
a remote location (e.g., in an external hot water storage tank).
---------------------------------------------------------------------------
DOE also proposed to clarify that the smoke spot test and
measurement of CO2 reading are required before each thermal
efficiency test or standby loss test (as applicable) of oil-fired CWH
equipment unless no settings on the water heater have been changed and
the water heater has not been turned off since the end of a previously
run efficiency test, in which case a second smoke spot test or
CO2 reading is not required prior to beginning another
efficiency test (i.e., thermal efficiency or standby loss). Id.
In response to the May 2016 NOPR, AHRI commented that the
CO2 reading and smoke spot number should only be measured
once when input rate of the burner is being set, not before both the
thermal efficiency and standby loss tests. (AHRI, No. 26 at pp. 8-9)
A.O. Smith agreed with DOE's proposal regarding when the smoke spot
test and measurement of CO2 reading are not required, and
agreed with DOE's proposal that the same requirement for when to
measure apply to both CO2 reading and the smoke spot test.
(A.O. Smith, No. 27 at p. 2) Bock agreed with the proposal regarding
when to conduct the smoke spot measurement before the thermal
efficiency test, but disagreed with the proposal regarding when to
conduct the measurement prior to the standby loss test. Specifically,
Bock stated that confining the smoke spot measurement to the short time
period between the second cut-in \12\ and second cut-out would add
unnecessary complexity to the procedure, and that the timing of the
second cut-in varies. Bock suggested measurement of the smoke spot
number 15 minutes into initial warm-up, before the first cut-out.
(Bock, No. 19 at p. 1)
---------------------------------------------------------------------------
\12\ Cut-in refers to the initiation of the burner or heating
element operation based on a control signal to raise the temperature
of stored hot water that has fallen below the required thermostat
set-point temperature, or to meet an external demand for hot water.
---------------------------------------------------------------------------
In this final rule, DOE is adopting a requirement similar to its
proposal that the smoke spot test and CO2 reading
measurement be conducted before beginning the thermal efficiency test.
However, given DOE's updated requirements that establish a steady-state
verification period immediately preceding the thermal efficiency test
(discussed in section III.F.1 of this final rule), the testing body may
not know when the steady-state verification period ends and the thermal
efficiency test begins until after testing is complete. Therefore, DOE
is requiring that the smoke spot test and CO2 reading
measurement must be conducted with the burner firing prior to beginning
measurements for the steady-state verification period.
In response to AHRI, DOE notes that the determination of the smoke
spot number and measurement of the CO2 reading is only
required before the standby loss test if a thermal efficiency test or
standby loss test was not previously conducted, or if the settings have
been changed or the water heater turned off after a previously
conducted test. Therefore, if efficiency tests are conducted
consecutively, and the water heater settings are not changed or the
water heater turned off between tests, the method adopted in this final
rule is in line with AHRI's suggestion that the smoke spot test only be
required once.
DOE also recognizes that there may be a short time period between
the second cut-in and second cut-out for determining the smoke spot
number, and that the timing of the second cut-in may not be easily
predictable. Therefore, DOE agrees with Bock that measurement of the
smoke spot number prior to the first cut-out would be less burdensome.
When conducting the standby loss test when a thermal efficiency test
was not conducted immediately prior, the thermostat must be set for the
standby loss test prior to the first cut-out, but there is no specified
duration for warm-up. For oil-fired CWH equipment for which a test was
not previously conducted (or for which settings on the water heater
have changed since the previous test), DOE is therefore specifying that
the smoke spot number be determined with the burner firing prior to
beginning the standby loss test. DOE is not adopting a requirement that
the smoke spot test number be determined after any specific time before
beginning the standby loss test, because DOE recognizes that different
models will take different amounts of time to warm up.
Additionally, DOE is adopting specifications for the test procedure
for the set-up for measuring the smoke density for oil-fired CWH
equipment, as proposed in the May 2016 NOPR. 81 FR 28588, 28641 (May 9,
2016). Specifically, DOE is establishing a requirement that the smoke-
measuring device be connected to an open-ended tube, and that this tube
must project into the flue by \1/4\ to \1/2\ of the pipe diameter.
These requirements are the same as those specified for commercial
space-heating boilers in AHRI 1500-2015, and DOE did not receive any
comments related to this proposal.
3. ASTM Test Standards C177 and C518
DOE's current definition for ``R-value'' at 10 CFR 431.102
references two industry test methods: ASTM Standard Test Method C177-97
and ASTM Test Standard Method C518-91.
A more recent version of ASTM C177 was approved in September 2013
and published in October 2013 (ASTM C177-13). Additionally, a more
recent version of ASTM C518 was approved in May 2010 and published in
June 2010 (ASTM C518-10). After comparing both versions of each
standard for the May 2016 NOPR, DOE tentatively concluded that, for
both standards, there are no substantive differences in the procedures
for measuring R-value between the new and old versions. Therefore, in
the May 2016 NOPR, DOE proposed to incorporate by reference ASTM
Standard Test Methods C177-13 and C518-10, and to update its references
to these versions in the definition for ``R-value'' at 10 CFR 431.102.
81 FR 28588, 28592 (May 9, 2016).
In response to the May 2016 NOPR, several interested parties
expressed support for updating references to ASTM C518 and C177.
(Bradford White, No. 21 at p.1; AHRI, No. 26 at p. 13; A.
[[Page 79269]]
O. Smith, No. 27 at p. 2; Rheem, No. 34 at p. 4) DOE did not receive
any other comments on this proposal, and, therefore, DOE is
incorporating by reference ASTM Standard Test Method C177-13. However,
since publication of the May 2016 NOPR, DOE became aware of a more
recent version of ASTM C518 that was approved in September 2015 and
published in December 2015, ASTM C518-15. After careful review, DOE has
determined that there are no substantive differences between ASTM C518-
10 and ASTM C518-15. DOE received no feedback which disagreed with
DOE's proposal to update its reference to ASTM C518 to the 2010
version. Since the 2015 version of ASTM C518 is not substantially
different than the 2010 version and in order to maintain up-to-date
references to industry test methods, DOE is incorporating by reference
the most recent version of the standard, ASTM C518-15.
B. Ambient Test Conditions and Measurement Intervals
To improve the repeatability of the thermal efficiency and standby
loss tests in DOE's current test procedures for CWH equipment, DOE
proposed several changes to its required ambient test conditions. These
proposals included: (1) Tightening the ambient room temperature
tolerance from 10.0[emsp14][deg]F to
5.0[emsp14][deg]F and the allowed variance from mean ambient
temperature from 7.0[emsp14][deg]F to
2.0[emsp14][deg]F; (2) requiring measurement of test air temperature--
the temperature of entering combustion air--and requiring that the test
air temperature not vary by more than 5[emsp14][deg]F from
the ambient room temperature at any measurement interval during the
thermal efficiency and standby loss tests for gas-fired and oil-fired
CWH equipment; (3) establishing a requirement for ambient relative
humidity of 60 percent 5 percent during the thermal
efficiency and standby loss tests for gas-fired and oil-fired CWH
equipment; (4) setting a maximum air draft requirement of 50 ft/min as
measured prior to beginning the thermal efficiency or standby loss
tests; and (5) decreasing the time interval for data collection from
one minute to 30 seconds for the thermal efficiency test and from 15
minutes to 30 seconds for the standby loss test. 81 FR 28588, 28597
(May 9, 2016).
In response to the May 2016 NOPR, several stakeholders disagreed
with DOE's proposals to tighten requirements on ambient conditions and
argued that DOE's proposals would be overly burdensome to
manufacturers. (Bock, No. 19 at p. 1; Bradford White, No. 21 at p. 3;
CA IOUs, No. 23 at pp. 2-3; HTP, No. 24 at p. 1; AHRI, No. 26 at pp. 6-
8; A.O. Smith, No. 27 at p. 2; Raypak, No. 28 at pp. 5-6; Bradley, NOPR
Public Meeting Transcript, No. 20 at p. 33; Rheem, No. 34 at pp. 4-6)
Bock stated that it supports using the procedures in the most updated
versions of ANSI Z21.10.3 and ASHRAE 118.1. (Bock, No. 19 at p. 1)
Bradford White further argued that the proposed changes are not merited
because they would not affect efficiency ratings. (Bradford White, No.
21 at p. 3) CA IOUs stated that the proposed tightening of requirements
would not provide a significant improvement in accuracy. (CA IOUs, No.
23 at pp. 2-3)
A.O. Smith suggested that DOE's proposed modifications to the
required ambient conditions would be very difficult to meet with large
equipment with significant makeup air requirements. A.O. Smith also
pointed out that a model of CWH equipment with a rated input of 2
million Btu/h would consume fresh air at a rate of 400 cfm, and that
there are over 30 models of CWH equipment on the market with a rated
input of 2 million Btu/h or greater. (A.O. Smith, No. 27 at p. 2) AHRI,
A.O. Smith, and Raypak argued that laboratories in which CWH equipment
is typically tested have multiple ongoing activities, with doors
opening and closing, and that conditioning air in such a facility to
meet DOE's proposed ambient condition requirements would be unduly
burdensome to manufacturers. (AHRI, No. 26 at p. 7; A.O. Smith, No. 27
at p. 2; Raypak, No. 28 at p. 6) Bradford White indicated that costs
per manufacturer to laboratory upgrades required to meet DOE's proposed
requirements would be hundreds of thousands of dollars or require
purchase of environmental chambers which cost at least $120,000 each;
AHRI suggested that the cost of complying with the proposed
requirements would range from $250,000 to $1 million per manufacturer;
Raypak suggested the cost to upgrade its facility would be $500,000 to
$1.5 million; Rinnai suggested that meeting DOE's proposed requirements
would require environmental chambers which cost more than $250,000
each; and Rheem suggested that the cost for laboratory upgrades would
be greater than $500,000. (Bradford White, No. 21 at p. 3; AHRI, No. 26
at p. 7; Raypak, No. 28 at p. 6; Rinnai, No. 34 at p. 1; Rheem, No. 34
at p. 5) NEEA agreed with DOE's proposed ambient condition requirements
and suggested that the requirements would improve the consistency of
DOE's test procedures with little or no additional test burden. (NEEA,
No. 30 at p. 2)
In light of comments received, DOE is not adopting the more
stringent ambient conditions (i.e., tighter tolerance on ambient room
temperature, ambient relative humidity requirements) that were proposed
in the May 2016 NOPR that may have added to test burden for
manufacturers. Therefore, DOE considers these comments mitigated.
However, DOE is adopting changes related to its other proposals
regarding test air temperature, maximum air draft, and data collection
intervals, and the specific actions that DOE is taking on each of the
proposed requirements and the potential test burden associated with
each action are discussed separately in detail in this section.
Joint Advocates suggested that DOE should require collection and
reporting of data for relative humidity, air temperature, and
barometric pressure. (Joint Advocates, No. 32 at p. 2) CA IOUs
commented that DOE should consider the impact of barometric pressure on
the results of efficiency testing of CWH equipment because it affects
how much moisture can be held in air. CA IOUs also requested that DOE
conduct an uncertainty analysis to demonstrate that tighter temperature
and humidity tolerances are warranted. (CA IOUs, No. 23 at p. 3) DOE is
not aware of any data demonstrating that barometric pressure
significantly affects the measured efficiency for CWH equipment, and
has therefore not found it necessary to regulate the ambient barometric
pressure of test rooms for any heating products. In response to the May
2016 NOPR, no commenters provided such data. Therefore, DOE is not
adopting barometric pressure requirements in this final rule.
Furthermore, with regard to the Join Advocates suggestion, DOE notes
that reported values resulting from testing are typically based on test
results of a sample that contains two or more units, which could have
slightly different relative humidity and air temperatures during
testing. Manufacturers then report representative values in accordance
with the requirements of 10 CFR 429. Because reported values for
relative humidity and air temperature would be based on multiple unit
samples and would not correspond to a single efficiency rating
resulting from a specific set of ambient conditions, this information
would be of little value to commercial consumers. Therefore, DOE is
declining to adopt these reporting requirements at this time.
The following subsections discuss the specific comments on each of
the proposed changes for the ambient test
[[Page 79270]]
conditions, along with DOE's response and decision.
1. Ambient Room Temperature
Bradford White, AHRI, and Rheem noted that DOE's proposal to
tighten the ambient room temperature requirement from 75[emsp14][deg]F
10.0[emsp14][deg]F to 75[emsp14][deg]F
5.0[emsp14][deg]F would preclude the testing of both consumer water
heaters and commercial water heating equipment in the same test
laboratory, because DOE's test procedure for consumer water heaters
requires that the ambient room temperature be maintained between
65[emsp14][deg]F and 70[emsp14][deg]F. (Bradford White, No. 19 at p. 3;
AHRI, No. 26 at p. 7; Rheem, No. 34 at p. 5) While Bradford White,
AHRI, and A.O. Smith argued that DOE's proposal to decrease the
permitted variance from mean ambient temperature during testing from
7.0[emsp14][deg]F to 2.0[emsp14][deg]F would
require costly upgrades to HVAC systems in testing facilities, they
supported decreasing the allowed variance from
7.0[emsp14][deg]F to 5.0[emsp14][deg]F. (Bradford White,
No. 19 at p. 3; AHRI, No. 26 at p. 7; A.O. Smith, No. 27 at p. 18)
Bradford White further noted that most manufacturers could accommodate
a decrease in the allowed variance to 5.0[emsp14][deg]F
using their existing laboratory HVAC systems. (Bradford White, No. 19
at p. 3) A.O. Smith further noted that decreasing the allowed variance
to 5.0[emsp14][deg]F would not be burdensome to
manufacturers because rapid variations in supply air flow and
temperature could be avoided. (A.O. Smith, No. 27 at p. 18)
DOE agrees with commenters that establishing a narrower range for
ambient room temperature such that consumer water heaters and
commercial water heating equipment cannot be tested at the same time
could be overly burdensome to some manufacturers. Therefore, DOE is
maintaining its current ambient room temperature requirement for
testing of CWH equipment at 75[emsp14][deg]F
10.0[emsp14][deg]F. In light of comments from several commenters that a
decrease in the permitted variance from mean ambient temperature during
testing from 7.0[emsp14][deg]F to
5.0[emsp14][deg]F would not be burdensome to manufacturers, DOE is
adopting a requirement that the ambient temperature must not vary from
the mean temperature during testing by more than
5.0[emsp14][deg]F. This requirement is consistent with the requirement
in ANSI Z21.10.3-2015, but slightly more stringent to improve
repeatability. Based on the comments received, DOE believes this change
would not add undue burden and would improve the repeatability of the
test.
In the May 2016 NOPR, DOE proposed that the ambient room
temperature be measured at the same interval during the soak-in period
as during the thermal efficiency and standby loss tests--30 seconds. 81
FR 28588, 28641, 289644 (May 9, 2016). However, DOE believes that
measurement of the ambient room temperature at frequent intervals
throughout the 12-hour soak-in period is unnecessary. Unlike for an
efficiency test (i.e., thermal efficiency or standby loss) or the
steady-state verification period, measurements from the soak-in period
are not used in calculation of an efficiency metric or in verification
of steady-state operation. The purpose of the soak-in period is simply
to allow the tank insulation of storage water heaters and storage-type
instantaneous water heaters to reach thermal equilibrium between the
ambient room temperature and the stored water temperature. DOE believes
that as long as no actions are taken that would change the ambient room
temperature during the soak-in period, the ambient room temperature
need only be measured prior to beginning the soak-in period. Therefore,
DOE is adopting a requirement that the ambient room temperature be
maintained at 75[emsp14][deg]F 10[emsp14][deg]F during the
soak-in period as measured prior to beginning the soak-in period, and
that no actions be taken during the soak-in period that would cause the
ambient room temperature to deviate from this range.
2. Test Air Temperature
In the May 2016 NOPR, DOE proposed to require measurement of test
air temperature--the temperature of entering combustion air--and
require that the test air temperature not vary by more than 5[emsp14][deg]F from the ambient room temperature at any
measurement interval during the thermal efficiency and standby loss
tests for gas-fired and oil-fired CWH equipment. 81 FR 28588, 28597
(May 9, 2016). Bradford White and Raypak disagreed with DOE's proposed
requirements for test air temperature. (Bradford White, No. 19 at pp.
3-4; Raypak, No. 28 at pp. 5-6) Bradford White and AHRI argued that
measurement of test air temperature at each air inlet would be
redundant given the required measurement of ambient room temperature,
because DOE's ambient room temperature requirement would apply to
entering combustion air. (Bradford White, No. 19 at pp. 3-4; AHRI, No.
26 at p. 8) Bradford White further argued that DOE's ambient room
temperature requirement would apply to entering combustion air because
most models of CWH equipment are tested with minimal vent length, and
therefore the combustion air inlet would be very close to the water
heater and location of ambient room temperature measurement. Bradford
White also asserted that DOE's proposal would present complications for
water heaters with air inlets on the bottom of the unit and for models
that draw combustion air from the periphery of the water heater, and
that at least three thermocouples would likely be needed in these cases
to measure test air temperature. Braford White also stated that adding
multiple additional thermocouples to a data acquisition system would be
more burdensome than suggested by DOE. (Bradford White, No. 19 at pp.
3-4) AHRI commented that the requirement to measure test air
temperature within 2 feet of the combustion air inlet would not be
possible for models with concentric direct venting. AHRI also argued
that measuring the test air temperature for each air inlet for water
heaters with multiple air inlets would be an unnecessary burden, and
that one properly located temperature sensor could adequately monitor
incoming air temperature for such water heaters. (AHRI, No. 26 at pp.
7-8) Raypak questioned why DOE proposed to require measurement of test
air temperature, arguing that it does not affect measured efficiency
and that DOE has not provided evidence that test air temperature
affects accuracy or repeatability of test results. (Raypak, No. 28 at
pp. 5-6)
DOE believes that the temperature of entering combustion air, or
test air temperature, can have a significant effect on the measured
efficiency of a water heater. An increased combustion air temperature
increases the enthalpy of the entering air to the water heater, and
this increased combustion air enthalpy provides for additional heating
of water that is not reflected in the calculation of thermal
efficiency. While DOE's current test procedure for CWH equipment does
include a requirement for ambient room temperature, this value is only
measured at a single location. Therefore, it is possible that the air
temperatures could differ between the locations of measurement of
ambient room temperature and test air temperature. As mentioned by
AHRI, some models of CWH equipment are tested with direct venting
systems, and DOE notes that the combustion air intake vent for such
equipment would likely not be located in the immediate vicinity of the
CWH equipment. Therefore, measurement of ambient room temperature would
not be representative of the test air temperature for such equipment.
DOE notes that
[[Page 79271]]
Raypak did not provide a rationale to support its assertion that test
air temperature does not affect the measured efficiency. DOE also notes
that AHRI 1500-2015, the industry-consensus test standard for
commercial packaged boilers, includes similar requirements for
measurement of both ambient room temperature and test air temperature.
DOE does not believe that there is a significant difference between
testing CWH equipment and commercial packaged boilers that would make
measuring and recording test air temperature overly burdensome for CWH
equipment. DOE acknowledges that, in certain cases, the air inlet(s) to
the water heater may be close enough to the required location for
measurement of ambient room temperature that there may not be a
significant difference in temperature measured at the two locations.
However, after consultation with independent testing laboratories,
requiring additional temperature sensors to a data acquisition system
to record another air temperature measurement (or multiple
measurements) for the combustion air does not appear to present a
significant burden to manufacturers, as it would be a simple, one-time
task.
In this final rule, for gas-fired and oil-fired CWH equipment, DOE
is adopting a requirement that test air temperature be measured within
2 feet of the air inlet to the water heater. DOE also is adopting a
requirement that the test air temperature may not vary by more than
5[emsp14][deg]F from the ambient room temperature at any
measurement interval during the thermal efficiency or standby loss
tests, as applicable. DOE concludes that the additional requirements
for test air temperature are consistent with the industry standard,
ANSI Z21.10.3-2015, as these requirements do not change or conflict
with any requirements in the industry standard. Instead, the
requirements pertaining to test air temperature provide a more detailed
approach to maintaining the room temperature and will ensure consistent
and repeatable temperatures within the test area.
Regarding AHRI's comments with respect to measuring test air
temperature for models with direct venting, DOE's intent by the phrase
``air inlet to the water heater'' in the proposed requirement was to
refer to the site where combustion air enters either the water heater
or air intake vent, if applicable. However, DOE acknowledges that more
specific phrasing is warranted to clarify the measurement location for
models tested with direct venting. Therefore, DOE is adopting language
such that the test air temperature must be measured within two feet of
the air inlet to the water heater or the inlet to the combustion air
intake vent, as applicable.
In the May 2016 NOPR, DOE proposed a location for the measurement
of the test air temperature for units without a dedicated air inlet. 81
FR 28588, 28597 (May 9, 2016). Specifically, DOE proposed that in this
case, the test air temperature would be measured within two feet of a
location on the water heater where combustion air would enter the unit.
DOE believes that this provision provide adequate instruction as to how
to test units that draw combustion air from the periphery of the water
heater, which was raised as a potential issue by Bradford White.
Therefore, DOE is adopting the language proposed in the May 2016 NOPR
for how to measure test air temperature for units without a dedicated
air inlet. For such a unit, the test air temperature must be measured
within two feet of any location on the water heater where combustion
air is drawn. Additionally, for such a unit, DOE's adopted requirements
would only require measurement of test air temperature at one location,
not three, as asserted by Bradford White. For example, if a unit draws
combustion air through a gap between the burner tray and the bottom of
the tank, then the test air temperature must be measured within two
feet of that gap.
Regarding Bradford White's comment that test air temperature
measurement would be complicated for units with an air inlet on the
bottom of the water heater, DOE believes that its provisions adopted in
this final rule adequately address this issue. For water heaters that
draw air from the periphery of the bottom of the water heater, DOE's
previously discussed provision for how to measure test air temperature
for units without a dedicated air inlet would apply. DOE is unaware of
any models of CWH equipment on the market with a dedicated air inlet on
the bottom of the water heater (i.e., in between the water heater
bottom and the ground), and suspects that this would be a undesirable
configuration, as the small clearance between the water heater bottom
and the ground would likely obstruct adequate flow of entering
combustion air. However, if such a configuration of CWH equipment
exists, the test air temperature would be measured at any location
within two feet of the air inlet on the bottom of the water heater
under the procedure adopted in this final rule. DOE presumes that any
clearance between the bottom of the water heater and the ground that is
sufficiently large for providing adequate air flow would also be
sufficiently large for installing a temperature sensor(s) for
measurement of test air temperature.
DOE disagrees with AHRI that measurement of test air temperature
should not be required at each air inlet for models of CWH equipment
with multiple air inlets. For units that have multiple air inlets (such
as stacked, modular units with multiple air inlets that each correspond
to a separate burner and heat exchanger), DOE believes that the
efficiency of the unit would be affected by the entering combustion air
temperature to all air inlets, and that a requirement to measure test
air temperature at each air inlet is justified. As previously
discussed, DOE does not believe that installing multiple temperature
sensors to measure test air temperature would present a significant
burden to manufacturers. Therefore, DOE is adopting a requirement that
test air temperature be measured at each air inlet for units with
multiple air inlets, and that the specification for no variation of
more than 5 [deg]F from the ambient room temperature
applies to the test air temperature measured at each air inlet.
Given the requirement to measure test air temperature within two
feet of the air inlet to the water heater, the location of test air
temperature measurement may be close to the water heater burner.
Therefore, DOE suspects that the temperature sensor used to measure
test air temperature might be subject to radiation from the burner. To
prevent an impact from such radiation on the measurement of test air
temperature, DOE is adopting a requirement that the temperature sensor
used to measure test air temperature be shielded from radiation. DOE
notes that such a requirement for shielding temperature measurement
from radiation is included in ANSI Z21.10.3-2015 for the temperature
sensor used to measure ambient room temperature. Additionally, DOE
understands that shielding temperature measurements from radiation is
common industry practice and would not present any significant burden
to manufacturers.
3. Ambient Relative Humidity
In response to DOE's proposed requirements for ambient relative
humidity, several commenters argued that relative humidity does not
have an effect on results of efficiency testing of CWH equipment
because the tests do not require collection of condensate. (Bradford
White, No. 19 at p. 2; AHRI, No. 26 at p. 8; A.O. Smith, No. 27 at p.
2; Raypak, No. 28 at p. 6; Rinnai, No. 31
[[Page 79272]]
at p. 1) CA IOUs commented that the extent to which relative humidity
affects the measured efficiency of condensing water heaters is unclear.
(CA IOUs, No. 24 at p. 3) Joint Advocates suggested that relative
humidity requirements should not apply to non-condensing gas-fired and
oil-fired CWH equipment. (Joint Advocates, No. 32 at p. 2) Bradford
White and Rheem commented that it would be difficult to meet DOE's
proposed relative humidity requirements in all geographic locations at
all times of the year, as these factors can result in significant
variation in ambient relative humidity. (Bradford White, No. 21 at pp.
2-3; Rheem, No. 34 at p. 5) Rheem further argued that meeting DOE's
proposed relative humidity requirements would likely require that a
test room be maintained at a positive pressure, and asserted that it
would be difficult to connect humidistats to a data acquisition system.
Rheem also stated that a less stringent tolerance is needed for an
ambient relative humidity requirement, and that more data showing any
correlation between relative humidity and water heater performance are
needed before DOE sets a requirement for relative humidity. (Rheem, No.
34 at p. 5)
In light of comments received, DOE has concluded that the potential
burden of controlling ambient humidity is not justified at this time,
given the amount of make-up air for combustion that would need to be
conditioned to supply larger CWH equipment during testing.
Manufacturers asserted that controlling the ambient humidity will not
have a substantial impact on ratings and should not be held within a
tolerance. In DOE's view any variation in the resulting energy
efficiency rating from varying levels of ambient humidity would be
adequately captured by the existing tolerances for both certification
and enforcement in DOE's regulations. Therefore, DOE is not adopting a
requirement that ambient relative humidity be maintained at any
specific level for CWH equipment other than commercial heat pump water
heaters. DOE is establishing a wet bulb temperature requirement for
commercial heat pump water heaters based on relevant industry test
standards, as discussed in section III.J of this final rule.
4. Maximum Air Draft
In the May 2016 NOPR, DOE proposed a maximum air draft requirement
of 50 ft/min as measured prior to beginning the thermal efficiency or
standby loss tests. 81 FR 28588, 28597 (May 9, 2016). Bradford White
and A.O. Smith agreed with DOE's proposed maximum air draft
requirement, but commented that the requirement should not necessitate
the connection of the draft-measuring device to the data acquisition
system. (Bradford White, No. 19 at p. 4; A.O. Smith, No. 27 at p. 17)
A.O. Smith also stated that measurement of air draft may have a large
uncertainty at 50 ft/min, and recommended that DOE assign a tolerance
for the measurement of air draft and require the draft-measuring device
to meet International Organization for Standardization (ISO)
requirements. (A.O. Smith, No. 27 at p. 17) Raypak disagreed with DOE's
proposed maximum air draft requirement, and argued that there is no
evidence that such a requirement would affect results of testing of CWH
equipment. Additionally, Raypak argued that most CWH manufacturers do
not manufacture residential water heaters, and that DOE was therefore
mistaken to presume that many CWH equipment manufacturers would not
need to purchase devices for measuring air draft as these devices are
already required for testing residential water heaters. (Raypak, No. 28
at p. 5) Rheem argued that DOE's proposed maximum air draft requirement
would be appropriate for the standby loss test, but unnecessary for the
thermal efficiency test. Rheem also asserted that maintaining a maximum
air draft less than 50 ft/min would be difficult while also maintaining
the stricter ambient conditions proposed by DOE in the May 2016 NOPR.
(Rheem, No. 34 at p. 6)
In this final rule, DOE is adopting its proposed requirement for a
maximum air draft of 50 ft/min to clarify the requirement in ANSI
Z21.10.3-2015 that the test area be ``protected from drafts.'' Because
ANSI Z21.10.3-2015 already includes a requirement for protecting the
test area from drafts, DOE concludes that this change provides
additional detail but is consistent with the industry standard. DOE
believes that this clarification reduces ambiguity in ANSI Z21.10.3-
2015 to allow for a more repeatable test. This requirement is also
similar to the requirement that DOE adopted for testing consumer water
heaters and certain commercial water heaters in the July 2014 final
rule. 79 FR 40542, 40569 (July 11, 2014). Specifically, DOE is adopting
a requirement that the air draft be measured prior to beginning the
thermal efficiency and standby loss tests, within three feet of the
jacket of the water heater, and that no actions can be taken during the
conduct of the tests that would increase the air draft near the water
heater being tested.
In response to Raypak's comment that there is no evidence that the
air draft affects the performance of CWH equipment, DOE notes that
Annex E.1 of ANSI Z21.10.3-2015 already requires that water heater
placement in the test room shall be protected from drafts. DOE believes
that if the draft had no impact on the test result, the industry test
standard, ANSI Z21.10.3-2015, would not require the test to be done in
an area protected from drafts. Therefore, DOE believes that there is an
understanding amongst the majority of the industry that air draft from
sources such as room ventilation registers, windows, or other external
sources of air movement, during the test can affect the performance of
CWH equipment. DOE also believes that 50 ft/min is a reasonable maximum
value, as it is consistent with DOE's requirement for consumer water
heaters. DOE also notes that many manufacturers of CWH equipment also
manufacture consumer water heaters and residential-duty commercial
water heaters. DOE identified at least 17 of 29 CWH equipment
manufacturers (excluding rebranders) that also manufacture consumer
water heaters or residential-duty commercial water heaters. For CWH
equipment manufacturers who do not also manufacture water heaters
subject to the Part 430, Appendix E test procedure (and therefore may
not already have draft-measuring devices in their test labs), DOE
expects the costs and burden associated with purchasing air draft-
measuring devices that do not have the capability of connection to data
acquisition system to be insignificant. DOE discusses the potential
costs of these requirements as they pertain to small business
manufacturers in section 0.
Regarding digital measurement of air draft, DOE's maximum air draft
requirement does not require digital measurement. DOE is only adopting
a requirement to measure the air draft once at the beginning of the
test, so connection to a data acquisition system would be unnecessary.
Additionally, DOE is not establishing any requirements on the type or
accuracy of device used to measure the air draft. DOE notes that it
currently prescribes a similar maximum air draft requirement for
consumer and residential-duty commercial water heaters and has no such
requirements on the draft-measuring device in that test procedure at
appendix E to subpart B of 10 CFR part 430. DOE believes the test
entity can determine the appropriate device and accuracy for this
measurement.
[[Page 79273]]
Additionally, DOE is not establishing a tolerance on its maximum air
draft requirement. DOE believes that a tolerance is unnecessary on a
maximum value--the air draft must be no greater than 50 ft/min, but any
draft below this value meets the requirement.
DOE acknowledges that the air draft may potentially have a greater
impact on the results of the standby loss test than on those of the
thermal efficiency test. However, once again noting the draft
protection provision in ANSI Z21.10.3-2015, DOE has concluded that
there may still be an effect on the results of the thermal efficiency
test, and that the measurement of air draft, just once before the test
begins, does not present a significant burden to manufacturers.
Therefore, DOE is adopting the maximum air draft requirement for both
the thermal efficiency and standby loss tests. DOE notes that it is not
adopting in this final rule the more stringent ambient condition
requirements (i.e., narrower tolerance on ambient room temperature,
requirement to maintain ambient relative humidity within a specified
range) that Rheem argued would make the proposed maximum air draft
requirement difficult to meet.
In the May 2016 NOPR, DOE proposed that the maximum draft
requirement also apply to the soak-in period. 81 FR 28588, 28597 (May
9, 2016). However, DOE has determined that this requirement is not
necessary for the soak-in period. The purpose of the maximum air draft
requirement is to improve repeatability of the thermal efficiency and
standby loss tests by preventing large air drafts that might cause
significantly higher tank heat losses in some tests than in others. DOE
believes that this concern does not apply to the soak-in period, the
purpose of which is simply to establish thermal equilibrium in the tank
insulation, and during which energy consumption is not measured.
Therefore, DOE is not adopting a maximum air draft requirement for the
soak-in period.
5. Measurement Intervals
Bradford White, AHRI, and Raypak opposed DOE's proposal to decrease
the required data collection interval from 1 minute to 30 seconds for
the thermal efficiency test and from 15 minutes to 30 seconds for the
standby loss test. (Bradford White, No. 19 at p. 4; AHRI, No. 26 at pp.
6-7; Raypak, No. 28 at pp. 6-7) A.O. Smith and Rheem opposed DOE's
proposal to decrease the time interval to 30 seconds specifically for
the standby loss test. (A.O. Smith, No. 27 at p. 19; Rheem, No. 34 at
p. 5)
AHRI and Raypak stated that DOE did not provide evidence or data to
suggest that decreasing the time interval would improve accuracy or
affect efficiency. (AHRI, No. 26 at pp. 6-7; Raypak, No. 28 at pp. 6-7)
AHRI argued that measurements every 15 minutes during the standby loss
test are sufficient, and that, if a measurement is within tolerance at
two consecutive 15-minute readings, then it is reasonable to assume
that the measurement was maintained within tolerance during the entire
15-minute period between measurements. (AHRI, NOPR Public Meeting
Transcript, No. 20 at pp. 32-33)
Bradford White argued that DOE's proposal would make data files
large and difficult to analyze. (Bradford White, No. 19 at p. 4) To
accommodate DOE's proposed time intervals for data collection, AHRI
commented that some manufacturers might need to upgrade their
facilities, and Raypak and Rheem argued that small manufacturers might
need to purchase or upgrade data acquisition systems. (AHRI, No. 26 at
pp. 6-7; Raypak, No. 28 at pp. 6-7; Rheem, No. 34 at p. 5) A.O. Smith
argued that no readings other than time and temperature should be
required at intervals that would necessitate connection to a data
acquisition system because most other measurement devices used for
testing CWH equipment are not designed to communicate with a data
acquisition system. (A.O. Smith, No. 27 at p. 18) Raypak argued that
the costs for connecting devices to a data acquisition system are 4-5
times higher than suggested by DOE in the May 2016 NOPR. (Raypak, No.
28 at pp. 6-7) Rheem further acknowledged that data collection
intervals can be reduced with current equipment. A.O. Smith and Rheem
also asserted that DOE's proposed reduced measurement interval would
lead to an increased likelihood that tests would have to be re-run if
any parameters were to fall out of the allowable range during the test.
(A.O. Smith, No. 27 at p. 18; Rheem, No. 34 at p. 5)
DOE proposed requirements for more frequent data collection to
improve the resolution of test data, and therefore, to ensure that test
conditions are adequately met throughout the test. DOE disagrees with
AHRI that a value can be assumed to be maintained within tolerance in a
15-minute period between readings when measurements at each 15-minute
interval are within tolerance, which is further supported by the
comments of Rheem and A.O. Smith. DOE believes that 15 minutes is a
sufficiently long time for variation in any one of several parameters
to potentially have a significant effect on measured standby loss. DOE
notes that the standby loss test measures a significantly lower energy
consumption than does the thermal efficiency test, and that the
measured standby loss is therefore particularly sensitive to
fluctuations in ambient conditions. Therefore, DOE believes that
recording measurements every 15 minutes does not provide sufficient
resolution of test data to ensure that the test results accurately
capture the variability in the measurement and could lead to inaccurate
and/or inconsistent results. A requirement for data collection every
minute ensures that only momentary fluctuations outside of the ambient
condition tolerances (i.e., those that occur between consecutive 1-
minute readings and are therefore unlikely to have an effect on the
measured efficiency) are permitted under DOE's test procedure.
DOE disagrees that its proposed measurement intervals for data
collection would make data analysis significantly more burdensome.
Analysis of whether all parameters were maintained within their
allowable tolerances during testing should be quick and simple in
spreadsheet software, and the time required for such analysis should
not depend on the number of data entries to any significant extent.
DOE also disagrees that its proposed measurement intervals would
require costly upgrades to laboratory facilities. Given that DOE's
proposed measurement interval was only slightly different from the
current requirement included in Exhibit G.1 of ANSI Z21.10.3-2011
(which DOE currently incorporates by reference for the thermal
efficiency test)--30 seconds vs. 1 minute--DOE does not believe that
this provision will require any upgrades. The duration of the standby
loss test exceeds 24 hours and can reach up to 48 hours; therefore, DOE
does not believe that any manufacturers are performing this test
without an automated data acquisition system. The one-time cost of a
data acquisition system would likely be much less than the recurring
labor costs of having a lab technician constantly monitor and record
measurements every 15 minutes for every standby loss test for up to 48
hours. Bradford White and Rheem acknowledged that they use data
acquisition systems in their facilities, and no stakeholders have
commented to DOE that they do not use data acquisition systems for
testing of CWH equipment. (Bradford White, Rheem, NOPR Public Meeting
Transcript, No. 20 at pp. 43-44) Additionally, DOE does not believe
that increasing the frequency of data collection would require any
[[Page 79274]]
significant upgrades to existing data acquisition systems. Rather, DOE
believes that changing the measurement frequency would require a simple
one-time software change and that the additional amount of data
collected could be stored inexpensively given the low cost of computer
storage. Additionally, DOE is not adopting any requirements in this
final rule that would require measurement with a data acquisition
system other than time and temperature.
DOE believes that more frequent data collection allows the capture
of any variation in parameters that might affect the measured
efficiency of CWH equipment. If variation is detected such that a
parameter does not meet the DOE test procedure requirements, then DOE
believes that re-running the test would be warranted. However, DOE
acknowledges that there is a possibility that there could be momentary
fluctuations in ambient conditions and/or water temperatures that do
not have a significant effect on efficiency. In such a case, a single
data point out of the allowable range of the DOE test procedure could
require a test to be re-run. The likelihood of such a momentary
fluctuation being captured in a test data point is directly
proportional to the frequency of data collection. For this reason, DOE
is not adopting the proposed 30-second data collection intervals and is
instead maintaining the existing 1-minute data collection interval
requirement for the thermal efficiency test and decreasing the required
data collection interval for the standby loss test from 15 minutes to 1
minute. For the thermal efficiency test, the 1-minute time interval
applies to the measurement of (1) ambient room temperature, (2) test
air temperature, (3) supply water temperature, and (4) outlet water
temperature. For the standby loss test, the 1-minute time interval
applies to the measurement of (1) ambient room temperature, (2) test
air temperature, (3) mean tank temperature for storage water heaters
and storage type-instantaneous water heaters, and (4) outlet water
temperature for instantaneous water heaters and hot water supply
boilers other than storage type-instantaneous water heaters. DOE
concludes that these changes to the data recording intervals improve
repeatability, while maintaining consistency with the test method in
ANSI Z21.10.3-2015.
This 1-minute data collection interval is consistent with the
required 1-minute measurement interval for inlet and outlet water
temperatures included in the 2011 and 2015 versions of ANSI Z21.10.3.
For the standby loss test, DOE believes that the benefits of finer
granularity in data collected from 1-minute intervals instead of 15-
minute intervals will provide confirmation that variation in ambient
conditions does not occur during the test that could have a significant
impact on the measured standby loss. DOE believes that this benefit
outweighs any potential burden that might occur from the possibility of
having to re-run a test because momentary fluctuations of ambient
conditions out of tolerance were captured that would not affect the
measured standby loss.
As discussed in sections III.F.1 and III.L of this final rule, DOE
is also adopting requirements that the gas consumption be measured at
10-minute intervals during the steady-state verification period and
thermal efficiency test. These gas consumption measurements are used to
determine fuel input rate. As discussed in section III.F.1 of this
final rule, DOE does not expect its requirements that gas consumption
be measured at 10-minute intervals during the steady-state verification
period and thermal efficiency test to impose any significant burden on
manufacturers.
C. Test Set-Up for Storage and Storage-Type Instantaneous Water Heaters
DOE's current test procedure for CWH equipment incorporates by
reference the requirement in Exhibit G.1 of ANSI Z21.10.3-2011 that the
inlet and outlet piping be immediately turned vertically downward from
the connections on a tank-type water heater to form heat traps, and
that the thermocouples for measuring supply and outlet water
temperatures be installed before the inlet heat trap piping and after
the outlet heat trap piping. DOE noted in the May 2016 NOPR that the
absence of a clearly defined location for the thermocouples could
contribute to variability in the test results. As a result, DOE
proposed particular locations for installing the supply and outlet
water temperature sensors based on piping distance from the water
heater connections. Specifically, DOE proposed that the sensors be
placed after a total vertical piping distance of 24 inches and total
horizontal piping that is (1) two inches plus the piping distance
between the water connection and the edge of the water heater with top
and bottom openings for water connections and (2) 6 inches for
horizontal opening water connections. DOE also provided separate
figures for each configuration of storage water heaters (i.e., top,
bottom and horizontal opening water connections) and included them in
the proposed appendix A to subpart G of part 431 of the regulatory text
of the May 2016 NOPR. 81 FR 28588, 28598-28599 (May 9, 2016).
Rheem stated that it agrees with the standardization of the
location of temperature measurements, but disagrees with the distance
of 24 inches for measuring the water temperature. Rheem argued that
having an outlet water temperature measured at the proposed distance
would result in inclusion of the piping losses, which may also differ
between the piping configurations and outlet water temperature sensor
locations adopted by each lab, and recommended that the water
temperature for storage water heaters should be measured at a distance
of 5 inches away from the water heater to achieve comparable results
with instantaneous water heaters. Last, Rheem stated that the proposed
inlet water temperature location for CWH equipment with water
connections on the side of the tank is not feasible in the case of some
of its models that have inlet water openings only 6 inches above the
floor. (Rheem, No. 34 at pp. 6-7)
DOE agrees with Rheem that the total piping distance from the water
heater to the temperature sensors (particularly the outlet water
temperature) should be consistent between both storage type and
instantaneous type water heaters, so that any piping losses are
comparable. In the May 2016 NOPR, DOE proposed to specify the
measurement location for outlet water temperature at 5 inches from the
enclosure for instantaneous water heaters, because that measurement was
proposed to be used for both outlet water temperature for the thermal
efficiency test and to approximate the water temperature of stored
water within the heat exchanger for the standby loss test. 81 FR 28588,
28613-28615 (May 9, 2016) Thus, for the standby loss test, it was
important for that measurement to occur close to the unit. However, as
discussed in section III.I.1, in this final rule, DOE is adopting a
separate temperature measurement location for measuring water to
approximate the water temperature within the heat exchanger for the
standby loss test, and for measuring the outlet water temperature for
the thermal efficiency test. As a result, in section III.I.1 of this
final rule, DOE has modified the test set-up for instantaneous water
heaters and hot water supply boilers so that: (1) Outlet water
temperature for the thermal efficiency test is measured at the second
elbow in the outlet water piping; (2) heat exchanger outlet water
temperature measured for the standby loss test is within one inch of
the outlet water port
[[Page 79275]]
(inside or outside); and (3) total piping distance between the water
heater and supply and outlet water temperature sensors is consistent
with that specified in the test set-up for water heaters with
horizontal opening water connections. Rather than change the location
of the temperature measurements for storage water heaters, as suggested
by Rheem, DOE changed the measurement location for instantaneous water
heaters. By using separate temperature sensors to measure the outlet
water temperature for the standby loss test (within one inch of outlet)
and the thermal efficiency test (at the second elbow), it is no longer
necessary to have a temperature sensor for the outlet water temperature
that is as close as possible to the water heater. Further, the
additional piping length allows installation of two elbows in the
piping and the measurement of the water temperature downstream (for
outlet) and upstream (for supply) of the heat traps that are required
for the test set-up. Installing the outlet water temperature sensor for
the thermal efficiency test at the second elbow ensures that the water
flow will be well mixed, resulting in more accurate temperature
readings (as recommended by stakeholders). For a detailed explanation
on test set up for instantaneous water heaters and hot water supply
boilers and DOE's responses to public comments, see section III.I of
this final rule.
With regard to Rheem's concerns about piping losses if the outlet
water temperature is measured at a piping distance of 30 inches away
from the water heater, DOE notes that the current and the proposed test
set up both require the water piping to be insulated up to a distance
of 4 feet from the water connections, which should minimize piping
losses. In addition, water heaters with large pipe diameters may not be
able to install outlet water temperature sensors with two elbows in the
piping (to yield sufficient flow mixing) at 5 inches from the water
heater.
DOE also considered Rheem's other comments on the inability of
certain water heater models with horizontal water connections, to meet
the vertical piping distance of 24 inches as proposed in May 2016 NOPR
for the inlet water connection. To address this issue, DOE is adopting
a requirement that the vertical piping distance be 24 inches, unless 24
inches is not possible, in which case the maximum possible distance for
a given water heater model must be used.
Based on the foregoing, DOE is adopting the test set-ups shown in
Figures III.1, III.2, and III.3 for gas-fired and oil-fired storage
water heaters and gas-fired and oil-fired storage-type instantaneous
water heaters. In addition, DOE uses very similar test set-ups for
other types of CWH equipment. Specifically, as discussed in section
III.I.5, the set-up for instantaneous water heaters and hot water
supply boilers is the same as shown in Figures III.1, III.2, and III.3,
except that an outlet water valve and heat exchanger outlet temperature
sensor are required. DOE has concluded that these changes are
consistent with the approach in ANSI Z21.10.3-2015, but will provide
additional specificity and improve test repeatability. The test set-ups
for electric storage water heaters and storage-type instantaneous water
heaters are similar to the test set-ups shown in Figures III.1, III.2,
and III.3, with the only difference being that the outlet water
temperature sensor is not present. An outlet water temperature sensor
is not needed for testing electric storage water heaters and storage-
type instantaneous water heaters, because the outlet water temperature
is not measured during the conduct of the test.
BILLING CODE 6450-01-P
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[GRAPHIC] [TIFF OMITTED] TR10NO16.005
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BILLING CODE 6450-01-C
D. Test Method for Unfired Hot Water Storage Tanks
EPCA defines an ``unfired hot water storage tank'' (UFHWST) as a
tank used to store water that is heated externally. (42 U.S.C.
6311(12)(C)) The current Federal standard for this equipment type
requires a minimum thermal insulation (R-value) of 12.5. 10 CFR
431.110. DOE defines ``R-value'' as the thermal resistance of
insulating material as determined based on ASTM Standard Test Method
C177-97 or ASTM Standard Test Method C518-91 and expressed in
[deg]F[middot]ft\2\[middot]h/Btu. 10 CFR 431.102. In section III.A.3 of
this rulemaking, DOE updates references to these standards in its
definition for ``R-value'' by incorporating by reference ASTM C177-13
and ASTM C518-15. In the May 2016 NOPR, DOE proposed to adopt a method
for testing the standby loss for UFHWSTs in lieu of relying on the
current R-value metric and ASTM standards. DOE received numerous
comments on this topic, and is still considering those comments.
Therefore, DOE will address the comments and its proposed test
procedure for UFHWSTs in a separate rulemaking notice.
DOE is aware that some manufacturers ship UFHWSTs without
insulation and that uninsulated UFHWSTs may or may not then be
insulated on-site. In the May 2016 NOPR, DOE clarified that UFHWSTs
shipped without insulation are not compliant with the Federal R-value
standard. 81 FR 28588, 28601-28602 (May 9, 2016). All UFHWSTs must
either be shipped insulated to the R-value standard or shipped together
with insulation meeting the R-value standard. Manufacturers of UFHWSTs
must certify that the insulation meets the R-value standard prescribed
in 10 CFR 431.110, and this certification must be based on testing
according to the methods prescribed in the R-value definition. A UFHWST
manufacturer may demonstrate compliance with the insulation
requirements either by conducting testing itself or by using test data
from the insulation material producer. Further, manufacturers of
UFHWSTs are responsible for retaining records of the underlying test
data used for certification in accordance with current maintenance of
records requirements set forth at 10 CFR 429.71.
In response to the May 2016 NOPR, Bock and Raypak disagreed with
DOE's clarification that all UFHWSTs must be shipped insulated or with
insulation. (Bock, No. 19 at p. 2; Raypak, No. 28 at p. 3) Bock argued
that some units have to be shipped without insulation to allow entry
into a building, and that requiring shipping with insulation will
increase expense and in some cases prevent installation. (Bock, No. 19
at p. 2) Raypak argued that tank insulation might be damaged beyond
repair in shipping, and then require re-installation of insulation in
the field. Raypak further suggested that DOE allow UFHWSTs with a
volume greater than 200 gallons to be field-insulated. (Raypak, No. 28
at p. 3)
DOE disagrees with the commenters that manufacturers can distribute
UFHWSTs in commerce without insulation. The standard, which was set by
statute, requires a minimum thermal insulation (R-value) of 12.5 for
UFHWSTs. The covered equipment must be compliant at the time the
manufacturer distributes it in commerce. See 42 U.S.C. 6316, 6302.
Therefore, if a manufacturer distributes a UFHWST without insulation,
the manufacturer has distributed a UFHWST without a minimum thermal
insulation of 12.5. DOE's interpretation gives manufacturers a great
deal of flexibility and accommodates commenters' concerns that
insulation already wrapped on the UFHWST may be damaged during shipment
or that insulated UFHWSTs may not fit through the entryway to some
buildings, as manufacturers can either ship the tank already wrapped in
insulation or with insulation provided. Therefore, if there are any
UFHWSTs that cannot be shipped already insulated, or if there are
concerns of damage of insulation in shipping, then the insulation
shipped with the unit can be applied upon
[[Page 79278]]
installation. All UFHWSTs of all storage volumes must satisfy this
requirement. Accordingly, in this final rule, DOE reiterates that all
UFHWSTs must be shipped insulated or with insulation such that the
installed UFHWST will meet the minimum standard.
E. Setting the Tank Thermostat for Storage and Storage-Type
Instantaneous Water Heaters
DOE's test procedure for measuring the energy efficiency of CWH
equipment currently requires that the thermostat be set to achieve
specific conditions for the mean tank temperature before the test may
begin. In particular, section g of Exhibit G.1 of ANSI Z21.10.3-2011
(which is currently incorporated by reference into the DOE test
procedure) requires that before starting testing, the thermostat
setting must be adjusted such that, when starting with the water in the
system at 70 [deg]F 2 [deg]F, the maximum mean tank
temperature would be 140 [deg]F 5 [deg]F after the
thermostat reduces the gas supply to a minimum.
1. Gas-Fired and Oil-Fired Storage Water Heaters
DOE understands that some units may have difficulty achieving the
current mean tank temperature requirement (e.g., condensing water
heaters), and in the May 2016 NOPR, DOE proposed to modify its
requirements for setting the tank thermostat. 81 FR 28588, 28604 (May
9, 2016). Specifically, DOE proposed to modify the thermal efficiency
and standby loss test procedures for gas-fired and oil-fired storage
water heaters and storage-type instantaneous water heaters to require
that before starting the required soak-in period, the thermostat
setting be adjusted such that, when starting with the water in the
system at 70 2 [deg]F, the maximum outlet water
temperature will be 140 [deg]F 5 [deg]F after the
thermostat reduces the gas supply to a minimum.
In response to the May 2016 NOPR, DOE received comments from
several interested parties. Joint Advocates and Rheem agreed with
changing from a mean tank temperature requirement to an outlet water
temperature requirement for fossil fuel-fired storage water heaters.
(Joint Advocates, No. 32 at p. 2; Rheem, No. 34 at p. 8) However, Rheem
also stated that outlet water temperature is a poor indicator of
standby loss, and that mean tank temperature should be used to
determine heat loss. (Rheem, No. 34 at p. 8) AHRI stated that
measurement of outlet water temperature will not work for setting the
tank thermostat if measured more than 2 feet downstream of the water
heater outlet because water is not flowing when setting the thermostat.
Instead, AHRI suggested that the six tank temperature sensors be
installed in the tank at the beginning of the test, as is currently
required in ANSI Z21.10.3-2015, and that the tank thermostat be set
based on the reading from the topmost tank temperature sensor used to
calculate mean tank temperature. (AHRI, No. 26 at p. 8) A.O. Smith
stated that, for the thermal efficiency test, setting the tank
thermostat is irrelevant as long as the water heater is firing at full
input rate and meeting the outlet water temperature requirement. A.O.
Smith further suggested that, in order to measure the outlet water
temperature for standby loss, the measurement location needs to be
inside the tank within one inch of the tank outlet. (A.O. Smith, No. 27
at p. 5) Bradford White stated that the same thermostat setting should
be used for both thermal efficiency and standby loss tests, and
requested clarification on DOE's proposal, stating that the language in
the NOPR preamble and the proposed appendix A in the NOPR regulatory
text were not consistent. (Bradford White, No. 21 at p. 8)
DOE agrees with A.O. Smith that, for an outlet temperature
requirement, as opposed to a mean tank temperature requirement, setting
the tank thermostat for the thermal efficiency test is irrelevant as
long as the water heater is firing continuously at full firing rate and
all the specifications required for the steady-state verification
period, including the outlet water temperature requirement, are met.
However, because the thermostat setting does not affect the operation
of the water heater during the thermal efficiency test as long as the
burner is firing continuously at full firing rate, the thermostat
setting used in the thermal efficiency test does not necessarily
provide an outlet water temperature of 140 [deg]F 5 [deg]F
when water is not flowing through the water heater. In order to ensure
that this outlet water temperature requirement is met, DOE believes
that the thermostat setting needs to be set such that the maximum
outlet water temperature after cut-out is 140 [deg]F 5
[deg]F before beginning the standby loss test.
While the thermostat settings used during the thermal efficiency
test do not affect the test results so long as the burner fires
continuously at full firing rate, DOE understands that the standby loss
test is often performed directly after the thermal efficiency test. In
this final rule, DOE is adopting provisions such that a soak-in period
is not required in between the thermal efficiency and standby loss
tests, if no settings on the water heaters are changed and the water
heater is not turned off. However, setting the tank thermostat between
the thermal efficiency and standby loss tests would inherently require
changing settings on the water heater, unless the thermostat was
already set to achieve the required outlet water temperature after cut-
out of 140 [deg]F 5 [deg]F. Therefore, DOE believes that
the tank thermostat must be set to meet the outlet water temperature
requirement before the thermal efficiency test. DOE notes that
requiring the tank thermostat to be set prior to the thermal efficiency
test is consistent with DOE's current test procedure, DOE's proposal in
the May 2016 NOPR, and with AHRI's comment.
DOE agrees with AHRI and A.O. Smith that it would be difficult to
set the tank thermostat without water flowing through the water heater
such that the outlet water temperature after cut-out is 140 [deg]F
5 [deg]F, as measured downstream of a heat trap in the
outlet water piping. Additionally, DOE believes that the tank
thermostat must be set without water flowing through the water heater;
otherwise, both the tank thermostat and water flow rate would affect
the measured outlet water temperature, and the thermostat settings
obtained might not ensure that the outlet water temperature requirement
is met without water flowing. Therefore, DOE believes that the
thermostat should be set based on the reading of a temperature sensor
located inside the tank. However, commenters disagreed on the location
of measurement, with AHRI suggesting using the temperature recorded at
the topmost temperature sensor in the tank that is used for measurement
of mean tank temperature, while A.O. Smith suggested the placement of a
temperature sensor inside the tank within 1 inch of the water heater
outlet. While a temperature sensor within one inch of the water heater
outlet is closer to the temperature of the water delivered than is the
topmost temperature sensor used for mean tank temperature calculation,
the difference between these temperatures is likely insignificant, and
therefore, the placement of an additional temperature sensor in the
tank for the sole purpose of setting the tank thermostat would be an
unnecessary burden to manufacturers. Consequently, DOE is adopting a
requirement that the tank thermostat be set using the reading from the
topmost tank temperature sensor used to calculate mean tank
temperature. Based on the above, DOE concludes that there is evidence
that setting the thermostat according to the mean tank temperature, as
is done in
[[Page 79279]]
ANSI Z21.10.3-2015, does not provide an accurate reflection of the
energy efficiency during a representative average use cycle for certain
equipment. DOE further concludes that the method for setting the
thermostat adopted in this final rule provides an accurate reflection
of energy efficiency for all kinds of gas-fired and oil-fired storage
water heaters on the market. Therefore, DOE concludes that the method
adopted in this final rule is consistent with the industry standard,
ANSI Z21.10.3-2015, but provides flexibility so that all designs of
gas-fired and oil-fired storage water heaters can achieve the
temperature requirement used for setting the tank thermostat. DOE also
concludes that the method adopted in this final rule is not unduly
burdensome to conduct. Therefore, the changes adopted are better
aligned with the requirements of 42 U.S.C. 6314(a)(2).
In response to Rheem, while DOE proposed to use outlet water
temperature for the purpose of setting the tank thermostat for the
standby loss test, DOE still proposed to use mean tank temperature for
determining heat loss during the standby loss test. 81 FR 28588, 28604
(May 9, 2016). In this final rule, DOE is adopting provisions for
determining heat loss during the standby loss test using mean tank
temperature, similar to those included in annex E.2 of ANSI Z21.10.3-
2015.
For gas-fired and oil-fired storage water heaters and storage-type
instantaneous water heaters, DOE is adopting a requirement that the
tank thermostat be set prior to the steady-state verification period.
The thermostat must be set starting with the tank full of water at the
water supply temperature. The thermostat must be set such that the
maximum water temperature measured at the topmost tank temperature
sensor after cut-out (and while water is not flowing through the water
heater) is 140 [deg]F 5 [deg]F. The thermostat also must
be set such that with water flowing through the unit continuously, the
outlet water temperature can be maintained at 70 [deg]F 2
[deg]F above the supply water temperature, as required during the
thermal efficiency test. DOE's updated requirements for determining
steady-state operation for the thermal efficiency test and the steady-
state verification period are discussed in section III.F.1 of this
final rule. If conducting a standby loss test after a thermal
efficiency test, the thermostat setting established prior to the
thermal efficiency test would be used for the standby loss test, and no
separate procedure would be needed for setting the thermostat. However,
if the standby loss test is run without a previously run thermal
efficiency test, the thermostat would need to be set using the same
procedure as required before the thermal efficiency test, such that the
maximum top tank sensor water temperature after cut-out is 140 [deg]F
5 [deg]F. In this case, the tank thermostat must be set
prior to the soak-in period.
2. Electric Storage Water Heaters
DOE proposed to maintain the mean tank temperature requirement for
the standby loss test for electric storage water heaters, rather than
adopt an outlet water temperature requirement, because of complications
involved with setting multiple tank thermostats. 81 FR 28588, 28604
(May 9, 2016). Electric storage water heaters typically have multiple
heating elements and thermostats, and each thermostat needs to be set
prior to beginning the standby loss test. Therefore, DOE tentatively
determined that electric storage water heaters are not well-suited to
an outlet water temperature requirement because it is unclear how the
lower thermostat(s) would be set to achieve a designated outlet water
temperature. However, DOE proposed to clarify its language specifying
the method for setting thermostats in an electric storage water heater
with multiple thermostats. Specifically, DOE proposed to clarify that
the thermostats are to be set in immediate succession, starting from
the topmost thermostat. DOE also proposed to clarify that when setting
each thermostat, the mean tank temperature is calculated using only
temperature readings measured at locations higher in the tank than the
heating element corresponding to the thermostat being set, with the
exception of the bottommost thermostat. Finally, DOE proposed to
clarify that all thermostats below the thermostat being tested must be
turned off so that no elements below the thermostat being tested are in
operation.
Several commenters agreed with DOE's proposal to maintain the
existing mean tank temperature requirement for setting the tank
thermostat for electric storage water heaters. (Bradford White, No. 21
at p. 8; AHRI, No. 26 at p. 13; A.O. Smith, No. 27 at p. 5; Joint
Advocates, No. 32 at p. 2; Rheem, No. 34 at p. 9) A.O. Smith also
agreed with DOE's proposed clarification regarding how to set
thermostats for electric storage water heaters with multiple
thermostats. (A.O. Smith, No. 27 at p. 5) However, AHRI, Rheem, and
Bradford White disagreed with DOE's proposal on how to set thermostats
for units with multiple thermostats. Specifically, AHRI and Rheem
suggested that only the topmost and bottommost thermostats be set and
used for the standby loss test. (AHRI, No. 26 at p. 10; Rheem, No. 24
at p. 9) AHRI stated that DOE's proposal is unnecessarily burdensome
and complicated, and that it does not matter how many thermostats and
associated heating elements are used to meet the mean tank temperature
requirement for the standby loss test. (AHRI, No. 26 at p. 10) Rheem
stated that using just the topmost and bottommost thermostats would
simplify the test and improve consistency among units with different
thermostat-to-element ratios. Additionally, Rheem commented that not
all laboratories can supply power greater than 36 kW. (Rheem, No. 24 at
p. 9) Bradford White recommended that the lowest thermostat be set
first, and then the next highest, etc. Bradford White also did not
support DOE's proposal to calculate mean tank temperature with only
temperature readings measured higher than the heating element
corresponding to the thermostat being set, with the exception of the
bottom thermostat. (Bradford White, No. 21 at p. 8)
After review of stakeholder comments and consultation with several
independent testing laboratories, DOE agrees with AHRI and Rheem that
setting all thermostats for the standby loss test for commercial
electric storage water heaters with multiple thermostats is
unnecessary. DOE agrees with AHRI that setting fewer thermostats would
reduce burden to manufacturers and would be unlikely to affect the
results of the standby loss test, because it is unlikely that more than
one heating element will experience a call for heat during the standby
loss test. DOE also notes, based on its assessment of commercial
electric storage water heaters on the market, most models have banks of
heating elements grouped together such that a call for heat in the
lowest thermostat will likely heat the water up to temperature at the
nearby thermostats as well. Additionally, DOE agrees with Rheem that
limiting the number of thermostats (and correspondingly the number of
heating elements) used during the standby loss test may simplify the
testing of higher input capacity units by limiting the total amperage
draw to a level that most laboratories would be able to provide.
DOE believes that the topmost thermostat should be set using mean
tank temperature calculated only with temperature readings measured at
locations higher in the tank than the heating element corresponding to
the thermostat being set. If the water lower in the tank is included in
the mean tank temperature calculation and has not been previously
heated by a lower element, as suggested by Bradford
[[Page 79280]]
White, the heating element(s) corresponding to the topmost thermostat
would have to heat water at the top of the tank to a temperature much
higher than the required mean tank temperature in order to achieve the
mean tank temperature requirement.
In this final rule, DOE is maintaining a mean tank temperature
requirement for the standby loss test for electric storage water
heaters. DOE is adopting its proposed requirement that that the tank
thermostat(s) be set prior to conducting the required soak-in period.
DOE is also clarifying that the thermostat(s) for electric storage
water heaters must be set while no water is flowing through the unit.
DOE is also adopting requirements for setting tank thermostats for
electric storage water heaters with multiple thermostats. Specifically,
DOE is specifying that only the topmost and bottommost thermostats be
set, and that all other thermostats and corresponding elements not
operate while setting thermostats or during conduct of the standby loss
test. DOE also specifies that when setting the topmost thermostat, only
temperature readings measured at locations higher in the tank than the
heating element corresponding to the topmost thermostat (the lowest
heating element corresponding to the thermostat if the thermostat
controls more than one element) should be used to calculate mean tank
temperature. However, when setting the bottommost thermostat, DOE
specifies that all temperature readings should be used to calculate
mean tank temperature. These changes are consistent with the industry
test method, ANSI Z21.10.3-2015, and simply provide additional detail
regarding the method for setting the thermostat to improve consistency
and repeatability.
F. Steady-State Requirements and Soak-In Period
1. Steady-State Verification
In the May 2016 NOPR, DOE noted that the required three-minute
period for verifying steady-state operation prior to the thermal
efficiency test, which is included in Exhibit G.1 of ANSI Z21.10.3-2011
(currently incorporated by reference in DOE's test procedure), may not
be sufficiently long. 81 FR 28588, 28601 (May 9, 2016). Additionally,
DOE noted that the current test procedure does not impose requirements
for maximum variation in inlet water temperature or water flow rate
during this period for verifying steady-state operation. Therefore, DOE
requested information and data that might support a change to the
provisions for establishing steady-state operation in its test
procedure.
In response to the May 2016 NOPR, Bradford White stated that it is
possible to meet the current criterion of no variation in outlet water
temperature in excess of 2[emsp14][deg]F over a 3-minute period before
the water heater has reached steady-state conditions. (Bradford White,
No. 19 at p. 4) Bradford White and AHRI both commented that
verification of steady-state operation is an area in which the
repeatability of the thermal efficiency test can be improved. (Bradford
White, No. 19 at p. 4; AHRI, No. 26 at p. 9) Bradford White and AHRI
also suggested that DOE adopt more stringent requirements for
establishing steady-state operation prior to the thermal efficiency
test, and included specific guidelines in their comments that they
recommend DOE implement. Specifically, Bradford White and AHRI
suggested establishing an hour-long period during which the
requirements of DOE's current thermal efficiency test procedure would
have to be met, along with additional requirements for maximum
variation in: (1) Water flow rate ( 0.25 gallons per minute
(gpm)); (2) gas higher heating value ( 5 percent, measured
every 30 minutes); (3) inlet water temperature (
0.50[emsp14][deg]F, with respect to the initial reading); and (4) the
difference between initial and final rise between inlet and outlet
water temperatures ( 0.50[emsp14][deg]F and
1[emsp14][deg]F for units with input rates <500,000 Btu/h and >=500,000
Btu/h, respectively). Bradford White and AHRI further suggested that
the final 30 minutes of the hour-long period would be used to calculate
the results of the thermal efficiency test. (Bradford White, No. 19 at
p. 5; AHRI, No. 26 at pp. 9-10) AHRI also suggested that these
measurements would be required at least every 60 seconds, except for
gas higher heating value.
A.O. Smith commented that while an additional requirement for
establishing steady-state operation could improve repeatability, it
would be a new requirement that manufacturers would need to further
analyze. (A.O. Smith, No. 27 at p. 3) However, A.O. Smith suggested
revised guidelines for determining steady-state operation in case DOE
proceeds with such modifications to its test procedure. Specifically,
A.O. Smith suggested that steady-state be considered established once
30 minutes of consecutive readings confirm that: (1) Inlet water
temperature is maintained at 70[emsp14][deg]F
2[emsp14][deg]F, (2) outlet water temperature is maintained at
70[emsp14][deg]F 2[emsp14][deg]F above supply water
temperature, and (3) fuel input rate is within 2 percent of the rated
input. A. O. Smith argued that the required measurement intervals
should be one minute for storage-type water heaters but only 15 minutes
for instantaneous water heaters because instantaneous water heaters do
not experience a lasting effect from momentary variations in water
temperature as do storage-type water heaters. (A.O. Smith, No. 27 at
pp. 3-4)
Rheem commented that it typically monitors the outlet water
temperature of storage-type water heaters for at least 20 minutes prior
to testing but does not record this data. Rheem also stated that it
typically runs three thermal efficiency tests after steady-state
conditions are established prior to beginning the thermal efficiency
test for which data are recorded. Additionally, Rheem asserted that
instantaneous water heaters only require 5 minutes of operation before
steady-state conditions are reached, and that different steady-state
verification requirements may be warranted for different classes of CWH
equipment. (Rheem, No. 34 at p. 7)
DOE agrees with the commenters that the guidelines for establishing
steady-state operation that were suggested by Bradford White and AHRI
would improve test repeatability. Specifically, DOE agrees with these
commenters that extending the duration of the steady-state verification
period from 3 minutes to 30 minutes prior to the start of the 30 minute
period for the thermal efficiency test (for which steady-state
conditions must also be maintained, equating to a total of one hour of
continuous steady-state operation), and adding additional requirements
for verification would improve the repeatability of the test. DOE notes
these guidelines were suggested by a trade organization that represents
manufacturers that produce over 90 percent of CWH equipment sold in the
United States, indicating that the need for adopting these guidelines
is widely understood across the industry. Additionally, Bradford White
noted that its suggested guidelines for determining steady-state
operation were developed by an industry working group, and that AHRI
plans to adopt these test guidelines. (Bradford White, No. 21 at p. 5)
Therefore, DOE concludes that the modifications to DOE's steady-state
verification procedures adopted in this final rule do not require
further analysis and comment from manufacturers, as suggested by A.O.
Smith, because DOE's adopted requirements contain only minor deviations
from the guidelines suggested by Bradford White and AHRI. However, DOE
is open to stakeholder feedback regarding these procedural
modifications related to establishment of steady-state operation,
including
[[Page 79281]]
experiences prior to the compliance date, and the Department would
consider addressing any potential issues in a future test procedure
rulemaking or guidance, as necessary.
DOE agrees with all of the conditions specified in the steady-state
requirements recommended by Bradford White and AHRI, except for the
requirement that there be no variation in the higher heating value of
greater than 5 percent. DOE notes that AHRI and Bradford
White recommended requirements for steady-state verification that
include a maximum variation on the fuel higher heating value, while the
guidelines suggested by A.O. Smith instead include a requirement that
the fuel input rate be maintained within 2 percent of the rated input.
While DOE recognizes that restricting variation in fuel higher heating
value ensures consistency in the composition of fuel consumed (e.g.,
ensuring steady-state operation in the case that the fuel source is
changed during the test), DOE believes that restricting variation on
fuel input rate would be more effective in terms of ensuring that
steady-state operation is reached. Variation in fuel higher heating
value is reflected in measurement of fuel input rate, along with
variation in gas consumption. Additionally, section 2.3.3 of ANSI
Z21.10.3-2011, which is referenced in exhibit G.1 of ANSI Z21.10.3-2011
(referenced in DOE's current test procedure), specifies that the burner
shall be adjusted to achieve a measured input within 2
percent of the manufacturer's rated input 15 minutes after being placed
in operation from a room temperature start. Therefore, DOE believes
that including a similar requirement for restricting variation in fuel
input rate when verifying steady-state operation is consistent with
DOE's current test procedure and the industry consensus test standard
(ANSI Z21.10.3).
DOE does not expect a requirement to measure fuel input rate during
the steady-state verification period and thermal efficiency test to
impose any significant burden to manufacturers. As discussed in section
III.F.2 of this final rule, no commenters suggested that DOE's proposed
clarification that full firing rate must be maintained throughout the
thermal efficiency test would be burdensome or difficult to achieve.
Determination of fuel input rate for each 10-minute interval simply
requires recording the fuel consumption every ten minutes.
Consequently, DOE is adopting the requirements for determining that
steady-state operation has been achieved, as recommended by AHRI and
Bradford White with one modification. Specifically, DOE is declining
AHRI and Bradford White's suggestion of a requirement for maintaining
the fuel higher heating value within 5 percent in favor of
adopting A.O. Smith's suggestion of a requirement to maintain the fuel
input rate within 2 percent. Under the test procedure
adopted in this final rule, the thermal efficiency test will be
complete when there is a continuous, one-hour-long period (comprising
the 30-minute ``steady-state verification period'' and 30-minute
``thermal efficiency test'') meeting the following requirements: (1)
Outlet water temperature is maintained at 70 [deg]F 2
[deg]F above supply water temperature, (2) water flow variation is no
greater than 0.25 gpm from the initial value, (3) fuel
input rate is maintained within 2 percent of the rated input certified
by the manufacturer, (4) the supply water temperature (or inlet water
temperature if a recirculating loop is used for instantaneous water
heaters and hot water supply boilers) is within 0.5 [deg]F
of its initial reading, and (5) the rise between the supply water
temperature (or inlet water temperature if a recirculating loop is used
for instantaneous water heaters and hot water supply boilers) and
outlet water temperatures is within 0.50 [deg]F of its
initial value for the duration of the one-hour-long period for units
with rated input less than 500,000 Btu/h, and within 1
[deg]F of its initial value for units with rated input greater than or
equal to 500,000 Btu/h. The final 30 minutes will be used to calculate
thermal efficiency. DOE concludes that the method for determining
steady-state operation adopted in this final rule is consistent with
the industry test standard, ANSI Z21.10.3-2015, but provides more
stringent requirements to improve consistency. Based on the comments
received from stakeholders and the foregoing discussion, DOE concludes
that the adopted method will produce results which better reflect the
energy efficiency of CWH equipment during a representative average use
cycle and will not be unduly burdensome to conduct, as required by
EPCA. (42 U.S.C. 6314(a)(2))
In response to A.O. Smith's suggestion that DOE increase the
measurement interval for instantaneous type water heaters, DOE
disagrees and is maintaining 1-minute measurement intervals for the
thermal efficiency test as currently included in DOE's test procedure.
This interval applies to the new requirements for determining steady-
state operation (adopted from the guidelines suggested by Bradford
White and AHRI), except for fuel input rate, which has a 10-minute
measurement interval. While DOE acknowledges it is possible that burner
fluctuations may not have as much of a lasting effect on instantaneous
water heaters (other than storage-type instantaneous water heaters) as
suggested by A.O. Smith, DOE is not adopting a longer measurement
interval for instantaneous water heaters than for storage water
heaters. DOE believes that the 1-minute measurement interval included
in DOE's current test procedure is appropriate for both storage water
heaters and instantaneous water heaters, and that it is appropriate and
not significantly burdensome to manufacturers to extend this
measurement interval to the measurements taken during the steady-state
verification period prior to the thermal efficiency test. DOE notes
that this one-minute interval was included in the suggestion for
determining steady-state operation from both Bradford White and AHRI.
Measurement intervals for both the thermal efficiency and standby loss
tests are further discussed in section III.B.5 of this final rule.
DOE disagrees with Rheem's suggestion that separate requirements
may be warranted for verifying steady-state operation for instantaneous
water heaters and storage water heaters, and is adopting the same
requirements for both kinds of CWH equipment. Many storage water
heaters, particularly those with a low input-volume ratio, may require
a significant amount of time before steady-state conditions are reached
and measurements can begin constituting the steady-state verification
period. In contrast, instantaneous water heaters, with a much higher
input-volume ratio, may reach steady-state conditions very quickly, and
it may only take a short time after beginning water heater operation
before measurements can be included in the steady-state verification
period. However, DOE is not adopting any provisions or requirements
regarding the duration of the period during which CWH equipment warms
up to reach steady-state conditions. Nonetheless, DOE continues to
believe that a 30-minute period for verifying steady-state operation is
appropriate for both storage water heaters and instantaneous water
heaters, and that the duration of this period should not depend upon
the time it takes for the water heater to warm up. Thus, DOE is not
adopting different verification requirements for instantaneous water
heaters, as suggested by Rheem.
[[Page 79282]]
2. Clarifying Statements
DOE's current thermal efficiency test procedure for gas-fired and
oil-fired CWH equipment, which incorporates by reference Exhibit G.1 of
ANSI Z21.10.3-2011, requires the water heater to achieve steady-state
conditions prior to beginning measurements for the thermal efficiency
test. Specifically, the test procedure requires the outlet water
temperature to be maintained at 70 [deg]F 2 [deg]F above
the supply water temperature, with no variation in excess of 2 [deg]F
over a 3 minute period. However, DOE's current test procedure does not
specify that this outlet water temperature requirement must be
maintained throughout the thermal efficiency test.
In the May 2016 NOPR, DOE proposed adding clarifying statements to
its test procedure regarding steady-state operation. Specifically, DOE
proposed to require that the test entity must maintain the outlet water
temperature at 70 [deg]F 2 [deg]F above the supply water
temperature and ensure the burner fires continuously at the full firing
rate (i.e., no modulation or cut-outs) for the entire duration of the
thermal efficiency test. Further, DOE proposed to clarify that once
steady-state operation is achieved, as determined by no variation of
the outlet water temperature in excess of 2 [deg]F over a 3-minute
period, no settings on the water heating equipment may be changed until
measurements for the thermal efficiency test are finished. DOE also
proposed a similar clarification for the standby loss test for CWH
equipment other than flow-activated instantaneous water heaters,
requiring that after the first cut-out before beginning the standby
loss test, no settings may be changed on the water heater until
measurements for the standby loss test are finished. 81 FR 28588,
28604-28605 (May 9, 2016).
In response to the May 2016 NOPR, several commenters agreed with
DOE's proposed clarifications. (Bock, No. 19 at p. 2; Bradford White,
No. 21 at p. 8, A.O. Smith, No. 27 at p. 6; Rheem, No. 34 at p. 9)
Bradford White further noted that it believes that the content of DOE's
clarifying statements are already understood and common industry
practice. However, Bradford White noted that it did not agree with the
3-minute period for determining steady-state operation. (Bradford
White, No. 21 at p. 8)
The provisions for establishing steady-state operation prior to the
thermal efficiency test that DOE is adopting in this final rule (as
discussed in section III.F.1 of this final rule) include, among other
requirements, that the following conditions be maintained throughout
the test: (1) The specified outlet water temperature, and (2) the fuel
input rate within 2 percent of the manufacturer's rated
input. This is in contrast to the existing requirement that there be no
variation in outlet water temperature in excess of 2 [deg]F over a 3-
minute period prior to beginning the test. Therefore, additional
clarifying statements addressing these conditions during the thermal
efficiency test are no longer necessary, as they now must be maintained
throughout the duration of the test. However, DOE is adopting its
proposed provisions requiring that no settings may be changed on the
CWH equipment being tested: (1) Once the steady-state conditions are
established during the steady-state verification test and until the
thermal efficiency test is completed; and (2) after the first cut-out
before beginning the standby loss test until the measurements of the
standby loss test are completed (for all CWH equipment, except for
flow-activated instantaneous water heaters and externally
thermostatically-activated instantaneous water heaters). (For more
information on the standby loss test procedure adopted for flow-
activated and externally thermostatically-activated instantaneous water
heaters, see section III.H.3 of this final rule.) As noted above by
commenters, these requirements to leave the settings on CWH equipment
unchanged during certain portions of testing are already generally
understood and common industry practice. DOE is adding these
requirements to clarify the industry test method, and, therefore,
concludes that these changes are consistent with ANSI Z21.10.3-2015.
3. Soak-In Period
DOE's current thermal efficiency test procedure for gas-fired and
oil-fired CWH equipment, which incorporates by reference Exhibit G.1 of
ANSI Z21.10.3-2011, requires the water heater to achieve steady-state
conditions prior to beginning measurements for the thermal efficiency
test. Specifically, the test procedure requires the outlet water
temperature to be maintained at 70 [deg]F 2 [deg]F above
the supply water temperature, with no variation in excess of 2 [deg]F
over a 3-minute period. DOE's current standby loss test procedure for
gas-fired and oil-fired CWH equipment, which incorporates by reference
Exhibit G.2 of ANSI Z21.10.3-2011, requires the water heater to reach a
mean tank temperature of 140 [deg]F and remain in standby mode after
the first cut-out until the next cut-out before measurements for the
standby loss test begin. However, as discussed in the May 2016 NOPR,
DOE thought it possible that these provisions for both tests might be
insufficient for ensuring that the tank insulation is fully heated
before beginning test measurements.
In the May 2016 NOPR, DOE proposed to require a soak-in period
prior to beginning the thermal efficiency and standby loss tests, in
which the water heater would remain idle (i.e., no water draws) for at
least 12 hours with thermostat(s) maintained at settings that would
achieve the required water temperature. 81 FR 28588, 28598 (May 9,
2016). However, DOE proposed not requiring a soak-in period prior to
the beginning of an efficiency test (i.e., thermal efficiency or
standby loss) if no settings on the water heater were changed and the
water heater had not been turned off since the end of a previously run
efficiency test.
In response to the May 2016 NOPR, A.O. Smith stated that all
proposed requirements for soak-in periods are unnecessary and would not
improve test accuracy or repeatability, given the requirements for
establishing steady-state operation. (A.O. Smith, No. 27 at p. 17)
Several commenters stated that a soak-in period is unnecessary before a
thermal efficiency test because DOE's test procedure requires that
steady-state operation be reached prior to beginning measurements.
(Bradford White, No. 19 at p. 4; AHRI, No. 26 at pp. 9-10; Raypak, No.
28 at p. 6; Rheem, No. 34 at p. 6) However, Bradford White, AHRI, and
Raypak indicated that the soak-in period would be useful prior to a
thermal efficiency test if the water heater were not stored in a
conditioned space (i.e., maintained at 75 [deg]F 10 [deg]F
according to Bradford White, maintained at temperature above freezing
according to Raypak, and unspecified according to AHRI). (Bradford
White, No. 19 at p. 4; AHRI, No. 26 at pp. 9-10; Raypak, No. 28 at p.
6) Bradford White and AHRI also argued that a soak-in period should
only be required before a standby loss test if the test is not begun
within 3 hours of the end of a thermal efficiency test. (Bradford
White, No. 19 at p. 4; AHRI, No. 26 at pp. 9-10) Raypak indicated that
a soak-in period should only be required before a standby loss test if
the water heater is not stored in a conditioned space. (Raypak, No. 28
at p. 6) Rheem stated that a soak-in period of 12 hours is sufficiently
long before conducting a standby loss test without a previously run
thermal efficiency test. (Rheem, No. 34 at p. 6)
A.O. Smith argued that while not requiring human interaction, a
soak-in period would be burdensome to
[[Page 79283]]
manufacturers because it would require lab space to be occupied and
certain environmental conditions to be monitored and maintained. (A.O.
Smith, No. 27 at p. 17) Rheem stated that the soak-in period would
place an additional burden on manufacturers in terms of time,
resources, and laboratory space, if required when a thermal efficiency
test is performed in conjunction with a standby loss test. (Rheem, No.
34 at p. 6)
DOE acknowledges that a soak-in period would not be warranted
before a thermal efficiency test if steady-state operation is assured
prior to beginning the test. Given the more stringent provisions for
determining steady-state operation that DOE is adopting in this final
rule (discussed in section III.F.1), DOE agrees with commenters that a
soak-in period is not needed before the thermal efficiency test, and is
not adopting this requirement. While several commenters indicated that
a soak-in period might be helpful if the water heater were not stored
in a conditioned space, DOE believes that in this case, the water
heater would simply take longer to reach the required steady-state
conditions before beginning the thermal efficiency test, and that an
additional soak-in period would not be necessary.
DOE believes that a soak-in period would improve test repeatability
for the standby loss test if a thermal efficiency test were not
previously conducted. In the May 2016 NOPR, DOE also proposed that a
soak-in period be required if any settings on the water heater had been
changed, or if the water heater had been turned off since the end of a
previously run efficiency test. 81 FR 28588, 28598 (May 9, 2016).
However, Bradford White and AHRI indicated that a soak-in period should
only be required before the standby loss test if the standby loss test
does not begin within three hours of the end of a previously run
thermal efficiency test. (Bradford White, No. 19 at p. 4; AHRI, No. 26
at p. 9)
DOE disagrees with the suggestion that a soak-in period would not
be necessary if a water heater were turned off after a thermal
efficiency test but for three hours or less before beginning the
standby loss test. DOE believes that the water heater should be turned
on at all times between the end of the thermal efficiency test and the
beginning of the standby loss test to ensure that the thermal
equilibrium within the tank insulation, or ``soaking in,'' achieved
during the thermal efficiency test is not lost before starting the
standby loss test. DOE notes that water heaters likely vary
significantly in the time required after ending the thermal efficiency
test before the burner cuts in again. This variation includes factors
such as storage volume, tank heat losses, and thermostat control
algorithms. For certain water heaters, this time may even exceed three
hours, in which case it would not matter if the water heater were
turned on or off during this period. However, in other cases, the
thermal equilibrium of the tank may be lost if the water heater is
turned off between tests. A decrease in the insulation temperature
between tests might require additional energy consumption to reheat the
insulation during the standby loss test, which would result in higher
calculated values of standby loss.
DOE also believes that a soak-in period requirement will improve
the repeatability of the standby loss test for electric storage water
heaters. Electric storage water heaters do not have a thermal
efficiency test, so unless multiple standby loss tests are run
consecutively, the soak-in period will ensure that the tank insulation
has reached thermal equilibrium before measurements for the standby
loss test begin. Therefore, to improve repeatability of the standby
loss test for storage water heaters and storage-type instantaneous
water heaters, DOE is adopting a requirement that a soak-in period of
12 hours be conducted before the standby loss test unless no settings
on the water heater have been changed and the water heater has not been
turned off since the end of a previously run efficiency test. DOE
concludes that adding requirements for the soak-in period (when
required) will improve the repeatability of the test result, but is
consistent with ANSI Z21.10.3-2015.
The provisions DOE is adopting that specify when a 12-hour soak-in
period is required prior to the standby loss test (i.e., required
unless no settings on the water heater have been changed and the water
heater has not been turned off since the end of a previously run
efficiency test) allow flexibility for the manufacturer or testing
agency. After completion of the thermal efficiency test, as long as the
water heater stays turned on and no settings are changed, the
laboratory technician may choose to begin the standby loss test
immediately, or allow the tank to soak in longer before beginning the
standby loss test.
G. Definitions for Certain Consumer Water Heaters and Commercial Water
Heating Equipment
1. Consumer Water Heaters
A statutory definition for consumer ``water heater'' was added to
EPCA by the National Appliance Energy Conservation Act of 1987 (NAECA;
Pub. L. 100-12, March 17, 1987), which specifies input ratings at or
below which water heaters are to be classified as consumer water
heaters (e.g., 75,000 Btu/h for gas-fired storage water heaters; 12 kW
for electric storage water heaters and electric instantaneous water
heaters; 210,000 Btu/h for oil-fired instantaneous water heaters). (42
U.S.C. 6291(27)) NAECA also established standards for gas-fired
consumer water heaters, oil-fired consumer water heaters, and electric
consumer water heaters. (42 U.S.C. 6295(e)(1))
DOE restated the statutory definition of ``water heater'' in the
appliance standards regulations applicable to consumer products at 10
CFR 430.2. In addition to adopting EPCA's definition of ``water
heater'' for standards applicable to consumer products, DOE defined a
variety of terms in the test procedure provisions applicable to
consumer water heaters to help specify the test procedure provisions
applicable to specific kinds of water heaters (e.g., ``gas
instantaneous water heater'' and ``electric storage water heater''). 55
FR 42162, 42169 (October 17, 1990). These test procedure definitions
included provisions related to water temperature design characteristics
and rated storage volume. The standards at 10 CFR 430.32 and the
``water heater'' definition at 10 CFR 430.2 did not include any such
limitations.
In an effort to consolidate all relevant definitions in 10 CFR
430.2, DOE removed the definitions for specific kinds of consumer water
heaters from its test method at appendix E to subpart B of part 430
(i.e., ``electric heat pump water heater,'' ``electric storage water
heater,'' ``gas-fired instantaneous water heater,'' ``gas-fired storage
water heater,'' and ``oil-fired storage water heater'') and placed
these definitions in the general definition section at 10 CFR 430.2,
along with newly established definitions for ``gas-fired heat pump
water heaters,'' ``oil-fired instantaneous water heater,'' and
``electric instantaneous water heater.'' 79 FR 40542, 40549, 40566-
40567 (July 11, 2014). The reorganization of the existing definitions
and the newly established definitions became effective on July 13,
2015, and these definitions excluded products with a rated storage
capacity greater than 120 gallons and, in some cases, excluded products
designed to heat and store water at a thermostatically controlled
temperature greater than 180 [deg]F. 79 FR 40542, 40566-40567 (July 11,
2014).
As noted previously, the standards and definition set forth in EPCA
do not include any limitation related to the water temperature or
storage capacity.
[[Page 79284]]
Therefore, prior to the effective date of the amendments in the July
2014 final rule, any product meeting the definition of a ``water
heater'' as established under EPCA and restated in 10 CFR 430.2 would
have been subject to the statutory standards applicable to consumer
water heaters (i.e., water heaters within the input limits established
under EPCA would have been subject to the standards regardless of the
water delivery temperature or storage capacity).
In the May 2016 NOPR, DOE proposed to amend the definitions for
specific types of consumer water heaters included at 10 CFR 430.2 by
removing from the definitions the specifications related to the water
temperature and storage capacity. 81 FR 28588, 28605-28606 (May 9,
2016). Because a model that would otherwise meet the definition of a
consumer water heater could not ``become'' commercial as the result of
the unit's capability of producing water at temperatures above 180
[deg]F or by having a rated capacity in excess of 120 gallons, the
proposed definitions better reflect the statutory definitions and DOE's
statutory authority. More generally, DOE clarified that a product that
utilizes gas, oil, or electricity to heat potable water for use outside
the heater upon demand that does not meet the statutory definition of
``water heater'' at 42 U.S.C. 6291(27) would be a commercial water
heater, subject to the standards for such water heaters as set forth in
42 U.S.C. 6313(a)(5).
DOE received comments on the proposed removal of the temperature
and the capacity criteria. A number of stakeholders disagreed with
DOE's proposal to remove the 180 [deg]F water delivery temperature from
the consumer water heater definitions at 430.2. (HTP, No. 24 at p. 2;
AHRI, No. 26 at pp. 4-5; Rinnai, No. 31 at p. 2; Bock, No. 19 at p. 2;
Bradford White, No. 21 at pp. 8-9; Rheem, No. 34 at pp. 10-11) AHRI
argued that by removing these criteria, specifically the 180 [deg]F
exclusion, from its consumer water heater definitions, DOE would be
reversing a long-standing position that AHRI stated was determined
valid in the July 2014 final rule. AHRI also stated that DOE did not
provide sufficient explanation for reversing its long-standing
position. (AHRI, No. 26 at pp. 4-5)
Contrary to AHRI's understanding, the relocation of definitions
from the test procedure provisions to the general definitions section
in the July 2014 final rule was not for the purpose of validating a
long-standing position. As noted previously, ``water heater'' is
defined by EPCA, and remains defined in 10 CFR 430.2, without
restriction as to water temperature delivery or storage capacity. The
addition of these exclusions to DOE's definitions at 10 CFR 430.2 was
not intended to limit the applicability of the definition of ``water
heater.'' As explained in the July 2014 final rule, definitions of
``gas-fired heat pump water heater,'' ``oil-fired instantaneous water
heater,'' and ``electric instantaneous water heater'' were added in the
context of the new test procedure. 79 FR 40542, 40549 (July 11, 2014).
The notice also stated that all other definitions from the test
procedure were being relocated. Id. The July 2014 final rule did not
discuss restricting the statutory or regulatory definition of ``water
heater.'' As opposed to validating a long-standing position, DOE
recognizes that by relocating the definitions it furthered confusion
regarding the applicability of the standards. As previously stated,
prior to the effective date of the July 2014 final rule, any product
meeting the definition of a ``water heater'' would have been subject to
the statutory standards applicable to consumer water heaters,
regardless of the water delivery temperature or storage capacity. The
temperature and capacity restrictions were for the purpose of applying
provisions of the test procedure, not the standard. Therefore, DOE
considers removal of these exclusions as a correction to a recent
change, and not as a reversal of a long-standing position.
Additionally, as discussed in the following paragraphs, DOE has
concluded use of such limitations would be inappropriate given, in
part, the water heaters currently available on the market.
AHRI further argued that when interpreting the statutory definition
applicable to consumer water heaters, DOE must first consider the
definition of ``consumer product.'' When determining whether a product
falls within the definition of ``water heater'' in the context of the
consumer product standards, AHRI argued that DOE must first consider
whether that product is a consumer product and that the temperature and
capacity criteria inform that consideration. AHRI pointed to prior
consideration by DOE of factors beyond those in the EPCA definition to
distinguish between consumer and commercial products, citing the April
2010 final rule (75 FR 20112, 20127), in which DOE stated that pool
heaters marketed as commercial equipment and that contain additional
design modifications related to safety requirements for installation in
commercial buildings would not be covered by DOE's consumer product
standard for pool heaters. (AHRI, No. 26 at pp. 5-6) In the present
case, AHRI essentially argued that water heaters that are designed to
deliver water at temperatures greater than 180 [deg]F or that have a
rated volume in excess of 120 gallons are not to any significant extent
marketed or sold for personal use by individuals, and therefore cannot
be consumer products. Other commenters asserted that water delivery
temperature provides a meaningful way to distinguish between consumer
and commercial water heaters. (Bock, No. 19 at p. 2; Bradford White,
No. 21 at p. 9; Rinnai, No. 31 at p. 2) HTP and AHRI stated that units
that heat water above 180 [deg]F are only used in commercial
applications, and that water heated above 180 [deg]F in a residential
application presents a scald hazard. (HTP, No. 24 at p. 2; AHRI, No. 26
at p. 4) Bradford White stated that all of its commercial electric
storage basic models would be mistakenly reclassified if DOE removed
the 180 [deg]F exclusion from its consumer water heater definitions,
even though according to Bradford White, these models are not
appropriate for residential applications. (Bradford White, No. 21 at p.
9) A.O. Smith stated that defining as consumer water heaters gas
instantaneous water heaters with an input capacity less than or equal
to 200,000 Btu/h and a water delivery temperature greater than 180
[deg]F would make ratings inconsistent with other commercial water
heaters. (A.O. Smith, No. 27 at p. 10)
Several manufacturers also disagreed with the removal of the
storage capacity criterion. (Bradford White, No. 21 at p. 9; A.O.
Smith, No. 27 at p. 6; Rheem, No. 34 at p. 11) Bradford White and A.O.
Smith stated that models with storage volume greater than 120 gallons
require American Society of Mechanical Engineers (ASME) pressure vessel
certification in most jurisdictions and that these models would not be
used in residential applications. Bradford White also commented that
the cost of ASME certification is high enough to be cost-prohibitive
for residential applications. (Bradford White, No. 21 at p. 9)
DOE reiterates that the relocation of definitions relevant to the
test procedure to the general definition section at 10 CFR 430.2 was
not intended to reflect a prior interpretation restricting the
applicability of the standards for consumer water heaters. However,
even if the removal of the water temperature delivery and volume
capacity limitations were a change to a long standing practice of
distinguishing between consumer and commercial water heaters, a recent
survey of the
[[Page 79285]]
market leads DOE to determine that such criteria would not be
appropriate to distinguish between water heaters that are consumer
products and those that are commercial products. While DOE acknowledges
that water heaters with a water delivery temperature greater than 180
[deg]F or with a storage volume greater than 120 gallons may not be
commonly used in residential applications, the question is whether a
water heater is of the type distributed in commerce to any significant
extent for personal use by an individual. (42 U.S.C. 6291(1))
Consideration of whether an article is of a type distributed in
commerce to any significant extent for personal use by an individual is
made without regard to whether a specific article is in in fact
distributed in such a manner. Id.
In surveying the market, DOE has identified several water heaters
that demonstrate that a reliance on a 180 [deg]F threshold would be
inappropriate for distinguishing between consumer and commercial water
heaters. Rheem markets a water heater under its commercial line that
has input ratings below the 12 kW threshold specified in the statutory
definition for consumer water heaters and has thermostat controls that
provide maximum water temperatures greater than 180 [deg]F. (Docket No.
EERE-2014-BT-TP-0008-0041) This water heater's installation
instructions reference installation in the ``home,'' indicating that
the model is distributed for consumer use. (Docket No. EERE-2014-BT-TP-
0008-0040, pp. 15, 21) A water heater offered by A.O. Smith has two 4.5
kW heating elements arranged in a configuration typical for consumer
water heaters and provides an input capacity below the statutory 12 kW
threshold, but has a thermostat adjustable up to 181 [deg]F, one degree
above the 180 [deg]F threshold in the regulatory definition of
``electric storage water heater.'' (Docket No. EERE-2014-BT-TP-0008-
0038) The manual for the A.O. Smith product references installation in
the home, again suggesting that the product is distributed, at least to
an extent, for residential use. (Docket No. EERE-2014-BT-TP-0008-0037,
pp. 8-9)
With regard to the 180 [deg]F criterion, DOE's understanding is
that exceeding the temperature threshold for a water heater can be
achieved through replacement of a single part, the thermostat, which
DOE believes can be very easily and inexpensively changed to allow for
heating water to greater than 180 [deg]F. As noted by A.O. Smith in its
comment, the 180 [deg]F operating limit is not necessarily a
satisfactory criterion for separating consumer and commercial water
heaters, because a thermostat designed to deliver water temperatures in
excess of 180 [deg]F can be installed at no additional cost on products
that are consumer water heaters in all other respects. (A.O. Smith, No.
27 at pp. 6-7) A.O. Smith suggested that removing the 180 [deg]F
criterion for electric storage water heaters could dissuade
manufacturers from trying to avoid DOE's standard for large residential
electric storage water heaters.\13\ (A.O. Smith, No. 27 at pp. 6-7)
Additionally, Rheem suggested that the 180 [deg]F criterion for
distinguishing between residential-duty commercial water heaters and
other commercial water heaters allows manufacturers to move units in
and out of the residential-duty commercial water heater classes using a
thermostat. (Docket No. EERE-2014-BT-STD-0042-0020 at p. 18) DOE
believes that the same allowance to move between classes would apply to
a 180 [deg]F criterion that distinguished between consumer water
heaters and commercial water heaters. Bradford White stated in its
comments that the only feature to distinguish some if its models as
commercial is the temperature requirement. (Bradford White, No. 21 at
p. 9) The ease at which water temperature in excess of 180 [deg]F can
be achieved by a water heater that is in all regards a consumer water
heater demonstrate that the 180 [deg]F threshold would circumvent the
statutory definition of a consumer water heater. DOE also notes that
the concern raised by commenters regarding scalding is applicable to
lower water temperatures as well. Manufacturer warnings regarding
scalding identify the danger at temperatures as low as 125 [deg]F, and
with an exposure time of 1 second at 155 [deg]F. (Docket No. EERE-2014-
BT-TP-0008-0037) The range of the temperatures at which warnings are
issued indicate that 180 [deg]F would not be an adequate threshold to
delineate the risk of scalding, further demonstrating that a threshold
of 180 [deg]F does not provide a meaningful distinction between
consumer and commercial water heaters.
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\13\ A.O. Smith did support maintaining the 180 [deg]F criterion
for other water heaters, but did not provide an explanation for why
its statements provided in regards to electric storage water heaters
would not apply to other water heaters. (A.O. Smith, No. 27 at p. 7)
---------------------------------------------------------------------------
GE supported DOE's proposal to remove the 180 [deg]F exclusion from
DOE's consumer water heater definitions, suggesting that the change
would end the shift in shipments from residential electric storage
water heaters to commercial electric storage water heaters. GE also
stated that a rulemaking should not be necessary for these changes, and
that DOE should make these changes in a guidance document. If these
changes are made in a rulemaking, GE suggested that the effective date
should be immediate. (GE, No. 25 at pp. 1-2)
With regard to the 120 gallon threshold, DOE has determined that in
the interest of avoiding future confusion, it is not adding this
criterion to the definition of consumer water heater. DOE has
determined that the simplest way to maintain the distinction as
established by Congress between consumer and commercial water heaters
is to rely solely on the definition set forth in EPCA.
As explained previously, the 180 [deg]F and 120 gallon rated volume
criteria were for the purpose of defining terms in the context of the
test procedures for consumer water heaters. Such distinctions are
unnecessary under DOE's current test procedures for consumer water
heaters, as adopted in the July 2014 final rule, which also applies to
residential-duty commercial water heaters. To correct the application
of such thresholds to the definitions pertaining to consumer water
heaters, DOE is removing them from the definitions. Additionally, based
on a survey of the market and based on several of the comments
received, DOE has determined that these criteria would be inappropriate
for distinguishing between consumer and commercial water heaters. EPCA
delineates between consumer and commercial water heaters in the
statutory definition through specified rated inputs. As evidenced by
the discussion of the products surveyed, the addition of further
criteria does not provide a meaningful distinction between consumer and
commercial water heaters. To add a temperature or volume criterion
would potentially exclude some consumer water heaters from the
regulatory definition of a consumer water heater, but not the statutory
definition, and such a result would be an inappropriate restriction on
the definition of consumer water heater provided in EPCA.
DOE has previously considered adding criteria to its codified
definitions beyond the statutory criteria to distinguish between
consumer and commercial products. In the case of pool heaters, a
consumer product, commenters and DOE recognized that there were
performance and design characteristics that further informed a
determination of whether a pool heater was a consumer product or a
commercial product. 75 FR 20112, 20127 (April 16, 2010). For pool
heaters, DOE declined to add those criteria to
[[Page 79286]]
the definition of pool heater, finding that amendments to the statutory
definition were unnecessary and that marketing and design differences
related to safety requirements for installation in commercial buildings
sufficiently informed the distinction between consumer and commercial
products. Id. That is, the definition established by EPCA did not
require further clarification.
However, the consideration for pool heaters is not wholly analogous
to the present case. Unlike the present case and the consideration of a
temperature threshold, the additional criteria discussed for pool
heaters would not have limited the application of the defined term
``pool heater'' established in statute (i.e., the criteria discussed
for pool heaters would not have excluded pool heaters that are
otherwise consumer products from standards). Here, the addition of a
temperature threshold would exclude water heaters from consideration as
consumer water heaters that under the statutory definition are consumer
water heaters, and are of the type distributed in commerce for personal
use by individuals.
EPCA does not exclude water heaters based on water temperature
delivery or volume in its definition for consumer ``water heater.''
Rather, the definition in EPCA relies on input criteria to define which
water heaters fall under the consumer ``water heater'' definition, and
DOE believes that in order to maintain consistency with EPCA, the
inclusion of these criteria is not appropriate.
Several commenters asserted that the removal of the exclusion from
the consumer water heater definitions of models with a water delivery
temperature of 180 [deg]F or higher is inconsistent with the definition
of a ``residential-duty commercial water heater'' that DOE established
in the July 2014 final rule for test procedures for consumer water
heaters and certain commercial water heaters. 79 FR 40542, 40586 (July
11, 2014). Specifically, commenters noted that in that rule, DOE
included water delivery temperature of 180 [deg]F or higher as an
indicator of non-residential application for commercial water heaters,
and stated that such units would generally only be used in commercial
settings. (AHRI, No. 26 at pp. 4-5; Rinnai, No. 31 at p. 2; Bradford
White, No. 21 at pp. 8-9) Rheem also suggested that removing the 180
[deg]F and 120 gallon criteria from the consumer water heater
definitions while maintaining water delivery temperature of greater
than 180 [deg]F and storage volume greater than 120 gallons as
distinguishing criteria for commercial water heaters not used in
residential applications (i.e., not residential-duty commercial water
heaters) would lead to confusion in the market place. (Rheem, No. 34 at
p. 10)
In the July 2014 final rule, DOE established a new class of
commercial water heaters, ``residential-duty commercial water heater.''
79 FR 40542, 40586 (July 11, 2014). EPCA, as amended by AEMTCA, allowed
DOE to exclude from a uniform energy descriptor water heaters that do
not have residential applications and that can be clearly described.
(42 U.S.C. 6295(e)(5)(F)) Under this authority, DOE established several
criteria to separate commercial water heaters that have residential
applications (i.e., residential-duty commercial water heaters) from
commercial water heaters generally. Id. at 40586. When determining how
to distinguish a residential-duty commercial water heater from other
commercial water heaters, DOE relied on an outlet water temperature of
180 [deg]F or lower as one of several dividing criteria. 79 FR 40542,
40546 (July 11, 2014). DOE noted that although residential-duty
commercial water heaters could have residential applications, the
``residential-duty commercial water heater'' definition represents a
type of water heater that, to a significant extent, is distributed in
commerce for industrial or commercial use. Id. In its explanation for
this criterion, DOE stated that a 180 [deg]F water delivery temperature
is a valuable distinguishing feature between commercial water heaters
intended for residential use and those that are not. However, water
delivery temperature serves in conjunction with other criteria to
distinguish residential-duty commercial water heaters from other
commercial water heaters (i.e., rated storage volume, rated input, and
for models requiring electricity, and use of a single-phase external
power supply are also considered). See 10 CFR 431.102.
EPCA provides a criterion for distinguishing between water heaters
that are consumer products and water heaters that are commercial and
industrial equipment: The rated input. (42 U.S.C. 691(27)) Although
water delivery temperature and rated storage capacity are useful as
part of the analysis to differentiate between commercial water heater
applications, as explained above, water delivery temperature and rated
storage capacity are inappropriate to distinguish between consumer
water heaters and commercial water heaters.
A. O. Smith and Raypak both argued that it was inappropriate to
address the definitions of consumer water heaters in this rulemaking
since this rulemaking primarily addresses test procedures for water
heaters as commercial products. (A. O. Smith, No. 27 at p. 7; Raypak,
No. 28 at p. 7) As noted by Raypak, the water heaters excluded under
the consumer water heater definition in EPCA and 10 CFR 430.2 are
subject to the commercial water heater standards in 10 CFR part 431. By
removing the outlet water temperature and capacity criteria, DOE is
clarifying the distinction between consumer water heaters and
commercial water heaters as prescribed by EPCA. DOE believes removing
the water temperature and volume references will simplify its
regulations. Those water heaters with a rated input in excess of the
applicable maximum specified in EPCA (42 U.S.C. 6311(12)) are
commercial water heaters and will be regulated under EPCA as industrial
equipment under 42 U.S.C. 6311(1), meaning that those commercial water
heaters cannot be a covered consumer product under 42 U.S.C. 6291(1).
Additionally, contrary to Bradford White's suggestion, not all
electric storage water heater basic models will need to be reclassified
under this final rule. (Bradford White, No. 27 at p. 9) Only electric
storage models with an input rating less than or equal to 12 kW must be
classified as consumer water heaters. All electric storage models with
an input rating greater than 12 kW are classified as commercial water
heaters.
For the reasons previously discussed, DOE is removing the
180[emsp14][deg]F water delivery temperature and 120 gallon storage
volume exclusions from its consumer water heater definitions, as
proposed in the May 2016 NOPR. Because DOE is modifying the
regulations, such changes cannot be addressed through a guidance
document. The effective date of these definition changes is 30 days
after publication of this final rule in the Federal Register.
In the May 2016 NOPR, DOE also proposed to remove the terms
``electric heat pump water heater'' and ``Gas-fired heat pump water
heater'' from its definitions at 10 CFR 430.2. 81 FR 28588, 28606 (May
9, 2016). DOE reasoned that these terms were unnecessary because they
are not used in the energy conservation standards for consumer water
heaters at 10 CFR 430.32(d), nor are they used in the Uniform Test
Method for Measuring the Energy Consumption of Water Heaters at
appendix E to subpart B of part 430.
In response to this proposal, Rheem disagreed with the removal of
the terms ``electric heat pump water heater'' and ``gas-fired heat pump
water heater'' from
[[Page 79287]]
DOE's definitions at 10 CFR 430.2. Rheem stated that heat pump water
heaters have different defining factors than other kinds of consumer
water heaters, and that the threshold input rate only represents the
power being supplied from the non-heat pump technology involved with
heating the stored water. (Rheem, No. 34 at pp. 11-12)
As proposed in the May 2016 NOPR, DOE is removing the definitions
for ``electric heat pump water heater'' and ``gas-fired heat pump water
heater'' from its regulations. DOE acknowledges that heat pump water
heaters can have different defining factors than other consumer water
heaters, but DOE is removing these definitions because they are not
used in DOE's test procedures or energy conservations standards for
consumer waters. Therefore, removing these definitions will have no
effect on the implementation of DOE's regulations.
As discussed in the previous paragraphs, DOE is revising the
definitions for ``electric instantaneous water heater,'' ``electric
storage water heater,'' ``gas-fired instantaneous water heater,''
``gas-fired storage water heater,'' ``oil-fired instantaneous water
heater,'' and ``oil-fired storage water heater'' in its regulations of
consumer water heaters at 10 CFR 430.2, as set out in the regulatory
text at the end of this document.
2. Commercial Water Heating Equipment
DOE currently includes several definitions in its regulations for
CWH equipment at 10 CFR 431.102 that include the terms ``rated input''
or ``input rating.'' These definitions include ``hot water supply
boiler,'' ``instantaneous water heater,'' ``residential-duty commercial
water heater,'' and ``storage water heater.'' In the May 2016 NOPR, DOE
proposed a new definition for ``fuel input rate,'' a value to be
certified for all gas-fired and oil-fired CWH equipment. 81 FR 28588,
28637 (May 9, 2016). Therefore, DOE also proposed replacing the terms
``rated input'' and ``input rating'' with the term ``fuel input rate''
for gas-fired and oil-fired CWH equipment in the definitions for CWH
equipment at 10 CFR 431.102. 81 FR 28588, 28606 (May 9, 2016).
As discussed in section III.L.1 of this final rule, based on
feedback from stakeholders regarding the rated input determined from
safety certification, DOE is not adopting its proposed requirements
regarding certification of fuel input rate. Therefore, in this final
rule, DOE is not modifying its definitions for CWH equipment at 10 CFR
431.102 as proposed in the May 2016 NOPR. Instead, DOE is adopting the
term ``rated input'' in its definitions to refer to the input capacity
certified to DOE by the manufacturer and included on the equipment
nameplate. In contrast, DOE is adopting the term ``fuel input rate'' in
its regulations only to refer to the capacity of a unit determined in a
particular test.
DOE's current definitions for ``storage water heater'' and
``instantaneous water heater'' in its regulations for CWH equipment
codified at 10 CFR 431.102 do not include any criteria that exclude
units that meet DOE's current definitions for consumer water heaters,
as codified at 10 CFR 430.2. In the May 2016 NOPR, DOE proposed to
clarify these definitions for commercial water heaters by adding the
input capacity criteria that distinguish between consumer and
commercial water heaters for each energy source, as specified in EPCA's
definition for consumer water heater (42 U.S.C. 6291(27)). 81 FR 28588,
28637 (May 9, 2016). These changes are consistent with DOE's changes to
its definitions for consumer water heaters, as discussed in section
III.G.1.
In response to the May 2016 NOPR, Bradford White agreed with DOE's
proposal to add the input criteria separating consumer and commercial
water heaters to the definitions for commercial water heaters.
(Bradford White, No. 21 at pp. 9, 12) Raypak commented that DOE should
establish an upper limit of 5 million Btu/h in its definitions for
commercial water heating equipment because of laboratory testing issues
for larger equipment. Raypak also noted that while hot water supply
boilers are restricted to under 12.5 million Btu/h, no similar
restriction exists for commercial water heaters. (Raypak, No. 28 at p.
7)
As proposed in the May 2016 NOPR and for the reasons previously
stated, in this final rule, DOE is clarifying its definitions for
commercial water heaters by adding the input capacity criteria that
distinguish between consumer and commercial water heaters for each
energy source, as specified in EPCA's definition of consumer water
heater. (42 U.S.C. 6291(27))
In response to Raypak's suggestion that DOE should establish an
upper input capacity limit in its CWH equipment definitions, DOE notes
that the statutory definitions of ``storage water heater'' and
``instantaneous water heater'' at 42 U.S.C. 6311(12)(A) do not set an
upper-end input capacity limit in terms of coverage of commercial water
heaters, so any large-scale models are already covered under DOE's
existing energy conservation standards. Even so, DOE was unable to
identify any models of CWH equipment currently on the market with an
input capacity greater than 5 million Btu/h. In fact, Raypak noted that
the largest input capacity of any CWH equipment that it manufactures is
only 4 million Btu/h. (Raypak, No. 28 at p. 6) DOE would only consider
modifying its regulations for large CWH equipment if there were such
units on the market and if manufacturers demonstrated that DOE's
existing test procedures could not be used for these units. If a
manufacturer does produce a CWH equipment model with an input capacity
greater than 5 million Btu/h that cannot be tested using DOE's test
procedure, then the manufacturer should notify DOE and request a waiver
from DOE's test procedures using the procedure at 10 CFR 431.401. If a
waiver were granted, DOE would update its test procedure in the next
test procedure rulemaking for CWH equipment.
DOE currently includes a definition for ``instantaneous water
heater'' in its regulations for CWH equipment at 10 CFR 431.102. An
instantaneous water heater is a water heater that has an input rating
not less than 4,000 Btu/h per gallon of stored water, and that is
industrial equipment, including products meeting this description that
are designed to heat water to temperatures of 180[emsp14][deg]F or
higher.
DOE believes that the last clause of the definition for
``instantaneous water heater,'' which includes units capable of heating
water to temperature at or above 180[emsp14][deg]F, does not serve a
purpose in the definition. Without this clause, it would be assumed
that units with this capability would be included in the definition
because there is no restriction indicating otherwise. Therefore, to
simplify the definition, DOE is removing this clause from the
definition for ``instantaneous water heater.'' Additionally, with DOE's
addition of input criteria that distinguish between consumer and
commercial water heaters previously discussed in this section, DOE
believes that the clause ``that is industrial equipment'' does not
serve to further clarify the scope of units covered by this definition.
Therefore, in the May 2016 NOPR, DOE proposed to remove this clause
from its definitions for ``instantaneous water heater'' and ``storage
water heater.'' 81 FR 28588, 28606 (May 9, 2016). In response to the
May 2016 NOPR, Bradford White agreed with removing the phrase ``that is
industrial equipment.'' (Bradford White, No. 21 at p. 9) Bradley
Corporation requested clarification from DOE on the removal of the
phrase ``that is industrial
[[Page 79288]]
equipment'' from the definition of instantaneous water heaters, and
whether this phrase is actually in reference to the statutory
definition for ``industrial equipment.'' (Bradley, NOPR Public Meeting
Transcript, No. 20 at p. 23)
The term ``industrial equipment'' used in the definitions for
``instantaneous water heater'' and ``storage water heater'' at 10 CFR
431.102 does refer to the statutory definition for ``industrial
equipment.'' (42 U.S.C. 6311(2)(A)) The phrase ``that is industrial
equipment'' was included in DOE's codified definitions for
``instantaneous water heater'' and ``storage water heater'' to clarify
that water heaters that are covered by EPCA's definition of ``water
heater'' under ``consumer products'' (see U.S.C. 6291(27)) are not
covered by DOE's definitions for ``instantaneous water heater'' and
``storage water heater'' in 10 CFR part 431. DOE believes that the
phrase ``that is industrial equipment'' is no longer needed in DOE's
definitions for ``instantaneous water heater'' and ``storage water
heater'' to clarify that products regulated as consumer products are
not covered under these definitions, because DOE is modifying these
definitions to include the specific input capacity criteria that
separate consumer water heaters and commercial water heaters, as
previously discussed in this section. The statutory definition for
``industrial equipment'' also includes that equipment be of a type that
is distributed, to any significant extent, in commerce for commercial
or industrial applications. (42 U.S.C. 6311(2)(A)(ii)) However, EPCA
also defines ``covered equipment'' to include any of several types of
industrial equipment, including storage water heaters, instantaneous
water heaters, and unfired hot water storage tanks. (42 U.S.C. 6311(1))
Therefore, covered commercial water heating equipment is, by statutory
definition, industrial equipment. Consequently, DOE believes that the
phrase ``that is industrial equipment'' is not needed in DOE's codified
definitions for ``instantaneous water heater'' and ``storage water
heater.'' Therefore, in this final rule, DOE is removing this clause
from its definitions for ``instantaneous water heater'' and ``storage
water heater.''
In its regulations for CWH equipment at 10 CFR 431.102, DOE
currently includes a definition for ``packaged boiler'' that is
identical to that included for commercial packaged boilers at 10 CFR
431.82. DOE includes this definition for ``packaged boiler'' at 10 CFR
431.102 because the regulations for CWH equipment also include a
definition for ``hot water supply boiler,'' and this definition
specifies that a hot water supply boiler is a kind of packaged boiler.
To simplify its regulations and reduce repetition, in the May 2016
NOPR, DOE proposed to remove the definition for ``packaged boiler''
from its regulations for CWH equipment at 10 CFR 431.102, to be
replaced with a reference to the definition for ``packaged boiler''
included at 10 CFR 431.82. 81 FR 28588, 28606 (May 9, 2016). In
response to the May 2016 NOPR, Bradford White agreed with removing the
definition of ``packaged boiler,'' as long as this change is consistent
with the commercial packaged boiler rulemakings. (Bradford White, No.
21 at p. 9) DOE notes that replacement of a duplicated definition with
a reference to the regulations for commercial packaged boilers
inherently aligns DOE's regulations for commercial packaged boilers and
CWH equipment, such that there is no potential for differences between
two versions of the ``packaged boiler'' definition. Therefore, DOE is
removing the definition of ``packaged boiler'' from its regulations for
CWH equipment at 10 CFR 431.102. Correspondingly, in its definition of
``hot water supply boiler'' at 10 CFR 431.102, DOE is replacing the
term ``packaged boiler'' with the term ``packaged boiler (as defined in
Sec. 431.82).''
In section III.H of this final rule, DOE establishes a separate
test procedure for water heaters and hot water supply boilers that
require flow of water to activate the burner or heating element, and
establishes a definition for ``flow-activated water heater,'' along
with separate standby loss test provisions for flow-activated water
heaters as set out in the regulatory text at the end of this document.
In section III.J of this final rule, DOE establishes a definition
for ``commercial heat pump water heater,'' as well as a test procedure
for commercial heat pump water heaters as set out in the regulatory
text at the end of this document.
3. Residential-Duty Commercial Water Heaters
As required by AEMTCA, DOE established a uniform efficiency
descriptor and accompanying test method for consumer water heaters and
certain commercial water heaters in the July 2014 final rule. 79 FR
40542 (July 11, 2014). Specifically, AEMTCA required that the uniform
efficiency descriptor and test method apply to all covered water
heaters, including both consumer and commercial water heaters, except
for certain commercial water heaters that do not have a residential
use, and can be clearly described and are effectively rated using the
thermal efficiency and standby loss descriptors. (42 U.S.C.
6295(e)(5)(F)) In the July 2014 final rule, DOE established input and
volume criteria to distinguish commercial water heaters that do not
have residential applications, based on comments from stakeholders. 79
FR 40542, 40586 (July 11, 2014). However, for four classes of
residential-duty commercial water heaters--electric storage water
heaters, heat pump water heaters, gas-fired instantaneous water
heaters, and oil-fired instantaneous water heaters--the input criteria
established to separate residential-duty commercial water heaters from
commercial water heaters are identical to those codified at 10 CFR
430.2, which separate consumer water heaters from commercial water
heaters. The criteria for these classes are shown in Table III-1.
Because these input criteria are identical, by definition, no models
can be classified under these four residential-duty equipment classes.
Therefore, to eliminate potential confusion, in the May 2016 NOPR, DOE
proposed to remove these classes from the definition of ``residential-
duty commercial water heater'' codified at 10 CFR 431.102. 81 FR 28588,
28607 (May 9, 2016).
Table III--1 Indicator of Non-Residential Application for Certain
Classes of CWH Equipment
------------------------------------------------------------------------
Indicator of non-residential
Water heater class application
------------------------------------------------------------------------
Electric storage....................... Rated input >12 kW; Rated
storage volume >120 gallons.
Heat pump with storage................. Rated input >12 kW; Rated
current >24A at a rated
voltage of not greater than
250 V; Rated storage volume
>120 gallons.
Gas-fired instantaneous................ Rated input >200 kBtu/h; Rated
storage volume >2 gallons.
Oil-fired instantaneous................ Rated input >210 kBtu/h; Rated
storage volume >2 gallons.
------------------------------------------------------------------------
[[Page 79289]]
In response to the May 2016 NOPR, several commenters agreed with
DOE's proposal to revise the definition of ``residential-duty
commercial water heater.'' (Bradford White, No. 21 at p. 9; CA IOUs,
No. 23 at p. 2; AHRI, No. 26 at p. 13; A.O. Smith, No. 27 at p. 10)
Rheem, however, disagreed, asserting that there should be a
residential-duty commercial class corresponding to each equipment class
of commercial water heaters. Rheem argued that only having residential-
duty commercial classes for certain kinds of water heaters is
arbitrary, and that all classes of commercial water heaters have units
that are installed in residential applications. Further, Rheem stated
that it would be extremely costly and burdensome to implement a heat
pump water heater standard for commercial water heaters, and that a
class for residential-duty commercial electric storage water heaters is
necessary to maintain the ability to install electric storage water
heaters using electric resistance heating elements in certain
commercial applications. Rheem suggested that the class of residential-
duty commercial electric storage water heaters should include units
with an input capacity less than or equal to 13 kW and a storage volume
no greater than 120 gallons. (Rheem, No. 34 at pp. 13-14)
In response to Rheem, DOE notes that it did not propose to change
any of the criteria for classifying residential-duty commercial water
heaters in the May 2016 NOPR, only to remove classes for which no units
could be classified given the existing criteria. Further, the existing
capacity criteria for defining non-residential application for
commercial water heaters were established in the July 2014 final rule
based on feedback from stakeholders, including Rheem. 79 FR 40542,
40545-40549 (July 11, 2014). Having classes of residential-duty
commercial water heaters for only certain classes of commercial water
heaters is not inherently arbitrary, as suggested by Rheem. Rather, it
reflects that for certain equipment classes of commercial water heaters
(as defined by the statutory criteria separating consumer water heaters
and commercial water heaters), commenters in the prior rulemaking
generally agreed that there is no capacity range in which units are
distributed to residential applications to a significant extent.
On May 31, 2016, DOE published a NOPR for amended energy
conservation standards for certain classes of CWH equipment. 81 FR
34440. For commercial electric storage water heaters, DOE only proposed
to amend the standby loss standard in that NOPR. Therefore, DOE does
not have any current or proposed energy conservation standards that
would require commercial electric storage water heaters to use heat
pump technology instead of electric resistance heating elements.
Consequently, DOE disagrees with Rheem's statement that a class of
residential-duty commercial electric storage water heaters is warranted
for the purpose of excluding a certain group of commercial water
heaters from coverage under a standard that requires heat pump
technology. Additionally, DOE notes that Rheem's suggested input
capacity limit for residential-duty electric storage water heaters of
13 kW differs only slightly from the statutory input capacity criterion
separating consumer water heaters from commercial water heaters--12 kW.
DOE was only able to identify one electric storage water heater on the
market with an input capacity both greater than 12 kW and less than or
equal to 13 kW. (Docket No. EERE-2014-BT-TP-0008-0039) Because this
unit, sold by Rheem, is marketed as a commercial water heater and
included in the same model line as units with input capacities of 18 kW
and 24 kW, DOE believes that this 12.4 kW unit is appropriately
classified as a commercial electric storage water heater under the
statute and DOE is not at liberty to modify those definitions. Since
all three of these water heaters are marketed by the manufacturer in
the product literature as commercial electric storage water heaters,
DOE does not see the basis for differential treatment as Rheem is
suggesting.
Accordingly, in this final rule, as proposed in the May 2016 NOPR,
DOE is removing four classes of residential-duty commercial water
heaters--electric storage water heaters, heat pump water heaters, gas-
fired instantaneous water heaters, and oil-fired instantaneous water
heaters--from the definition of ``residential-duty commercial water
heater'' codified at 10 CFR 431.102.
4. Storage-Type Instantaneous Water Heaters
The definitions of ``instantaneous water heater'' and ``hot water
supply boiler'' set forth in 10 CFR 431.102 include CWH equipment with
an input rating of at least 4,000 Btu/h per gallon of stored water.
These definitions, therefore, include both instantaneous water heaters
and hot water supply boilers without integral storage tanks, as well as
instantaneous water heaters with integral storage tanks (but with at
least 4,000 Btu/h of input per gallon of stored water). DOE believes
these two groups of equipment--water heaters with and without integral
storage tanks--are fundamentally different in their construction and
application, and have different energy losses that need to be accounted
for during efficiency testing. Consequently, DOE believes that
instantaneous water heaters with an integral storage tank (``storage-
type instantaneous water heaters'') should be tested in a manner
similar to commercial storage water heaters. Therefore, in the May 2016
NOPR, DOE proposed to define ``storage-type instantaneous water
heater,'' and to require that storage-type instantaneous water heaters
be tested using the same test procedure as used for commercial storage
water heaters. 81 FR 28588, 28607 (May 9, 2016). Specifically, DOE
proposed to define ``storage-type instantaneous water heater'' as an
instantaneous water heater that includes a storage tank with a
submerged heat exchanger(s) or heating element(s).
In response to the May 2016 NOPR, NEEA and Joint Advocates agreed
that storage-type instantaneous water heaters should be tested in a
similar manner to storage water heaters. (NEEA, No. 30 at p. 1; Joint
Advocates, No. 32 at p. 2) NEEA also agreed with DOE's proposed
definition for ``storage-type instantaneous water heater.'' (NEEA, No.
30 at p. 1) Bradford White and A.O. Smith stated that a definition and
equipment class for storage-type instantaneous water heaters are
unnecessary. (Bradford White, No. 21 at p. 9; A.O. Smith, NOPR Public
Meeting Transcript, No. 20 at p. 17) A.O. Smith also stated that
storage-type instantaneous water heaters have always been tested like
storage water heaters. (A. O. Smith, NOPR Public Meeting Transcript,
No. 20 at p. 17) Several commenters stated that the definition of
``storage-type instantaneous water heater'' should not include a
submerged heat exchanger or heating element because there are models on
the market without a submerged heat exchanger that should be included
in this class. (Bradford White, No. 21 at p. 12; AHRI, No. 26 at p. 13;
A.O. Smith, No. 27 at p. 11; Raypak, No. 28 at p. 7; Rheem, No. 34 at
p. 14)
While DOE's existing test procedures do not distinguish between
storage water heaters and instantaneous water heaters, in this final
rule, DOE is separating its test procedures for storage water heaters
and instantaneous water heaters. Therefore, DOE disagrees with Bradford
White and A.O. Smith, and believes a clarification of which test
procedure to use for testing storage-type instantaneous water heaters
and a definition for classifying storage-type instantaneous water
heaters are
[[Page 79290]]
warranted so as to eliminate any ambiguity.
After further assessment of tank-type water heaters currently on
the market, DOE agrees with commenters that its proposed definition of
``storage-type instantaneous water heater'' excludes certain kinds of
water heaters that should be included in this class. Specifically, the
proposed requirement that a storage-type instantaneous water heater
contain a submerged heat exchanger or heating element excludes units
such as those with a water-tube heat exchanger located outside the
tank, or models comprising a storage tank and a tankless water heater
mounted to the side of the tank. Therefore, DOE is not including this
specification for a submerged heat exchanger or heating element in the
definition for ``storage-type instantaneous water heater'' established
in this final rule.
In the absence of a specification for a submerged heat exchanger or
heating element, DOE believes that the definition of ``storage-type
instantaneous water heater'' needs an alternative specification to
distinguish between tank-type water heaters and instantaneous-type
water heaters that include a small holding tank (e.g., 1-2 gallons).
Both of these categories of water heaters would meet a definition that
specifies only that a storage-type instantaneous water heater includes
a tank. DOE believes that a storage volume of ten gallons effectively
separates these two categories of water heaters, and this criterion
aligns with DOE's current energy conservation standards, which include
a standby loss standard for instantaneous water heaters with a storage
volume greater than or equal to ten gallons.
Accordingly, in this final rule, DOE is adopting test procedures in
the regulatory text at the end of this document that require testing of
storage water heaters and storage-type instantaneous water heaters
using the same procedures. DOE is also defining ``storage-type
instantaneous water heater'' as an instantaneous water heater including
a storage tank with a storage volume of ten gallons or greater.
H. Standby Loss Test for Instantaneous Water Heaters and Hot Water
Supply Boilers
The current Federal standby loss test method for CWH equipment
incorporates by reference Exhibit G.2 of ANSI Z21.10.3-2011 for
determining the standby loss of instantaneous water heaters and hot
water supply boilers with greater than 10 gallons of storage volume. 10
CFR 431.110. This test method assumes that the water heater would
automatically initiate the next firing cycle when the internal water
temperature (measured using the internal tank thermostat) falls below
its allowable minimum value. This control system operation applies to
some CWH equipment, but is not applicable to certain instantaneous
water heaters and hot water supply boilers that require continuous
water flow through the heat exchanger in order to activate the next
firing cycle. Accordingly, in the May 2016 NOPR, DOE proposed a
separate test method for ``flow-activated instantaneous water
heaters,'' which DOE proposed to define as an instantaneous water
heater or hot water supply boiler that does not activate the burner or
heating element if no heated water is drawn from the unit. 81 FR 28588,
28607-28613 (May 9, 2016). DOE's proposed test method and the method
adopted in this final rule are discussed in further detail in section
III.H.3.
In addition to the proposed test procedure for flow-activated
instantaneous water heaters, DOE also proposed in the May 2016 NOPR to
update the standby loss test procedure for instantaneous water heaters
and hot water supply boilers (other than flow-activated instantaneous
water heaters and storage-type instantaneous water heaters). The
existing Federal standby loss test procedure requires the measurement
of the mean tank temperature to calculate the standby loss.
Instantaneous water heaters and hot water supply boilers (other than
storage-type instantaneous water heaters) are not equipped with an
integral storage tank, and instead, most of the stored water is within
the heat exchanger. Therefore, obtaining a measurement for the mean
tank temperature would not be possible for such units, because heat
exchanger geometry generally prevents an accurate internal stored water
measurement that would be comparable to a mean tank temperature in
tank-type models. DOE notes that the mean tank temperature for storage
and storage-type instantaneous water heaters represents the hot water
stored in the heat exchanger and that is subject to heat loss during
the standby loss test. However, unlike storage water heaters and
storage-type instantaneous water heaters, instantaneous water heaters
and hot water supply boilers generally have water-tube heat exchangers
\14\ and do not store water at a uniform temperature inside the heat
exchanger. Consequently, DOE proposed in the May 2016 NOPR to use the
outlet water temperature as an approximation for the stored water
temperature (instead of the mean tank temperature as required by Annex
E.2 of ANSI Z21.10.3-2015, the latest industry test method). 81 FR
28588, 28615-28617 (May 9, 2016). In the May 2016 NOPR, DOE also
proposed a storage volume determination test for all instantaneous
water heaters and hot water supply boilers (including flow-activated
instantaneous water heaters), similar to the method specified in
section 5.27 of ANSI Z21.10.3-2015. 81 FR 28588, 28612 (May 9, 2016).
---------------------------------------------------------------------------
\14\ By water-tube heat exchangers, DOE refers to a heat
exchanger where water flows inside heat exchanger tubes and is
heated by a source of energy external to the tubes.
---------------------------------------------------------------------------
The following sections discuss the comments received in response to
each of these proposals.
1. Definition of Flow-Activated Instantaneous Water Heater
As noted previously, in the May 2016 NOPR, DOE proposed to define
``flow-activated instantaneous water heater'' as an instantaneous water
heater or hot water supply boiler that does not activate the burner or
heating element if no heated water is drawn from the unit. 81 FR 28588,
28608 (May 9, 2016).
In response, NEEA and Bradley supported DOE's proposed definition
for ``flow-activated instantaneous water heater.'' NEEA stated that the
definition would allow such equipment to have a better delineation of
efficiency. Bradley agreed that the proposed definition captures the
types of water heaters that exist on the market. (NEEA, No. 30 at p. 1;
Bradley, No. 33 at p. 1) A.O. Smith suggested that the proposed
definition for flow-activated instantaneous water heater is not
necessary and may cause confusion. (A.O. Smith, No. 27 at p. 11) Rheem
suggested amending the definition of flow-activated instantaneous water
heaters such that it does not include double-negative wording, and
recommended defining ``flow-activated instantaneous water heater'' as a
unit that activate the burner or heating element when water is drawn
from the unit. Rheem also stated that, provided that the proposed
definition is simplified, it encompasses all designs and models for
which a separate standby loss test is warranted and would not
inadvertently include models that do not need a separate standby loss
test procedure from other CWH equipment. (Rheem, No. 34 at p. 15)
DOE disagrees with A.O. Smith's assertion that the definition could
be unnecessary and cause confusion. On the contrary, DOE believes that
adopting a definition for flow-activated water heaters will clarify the
models for which the test procedure for flow-activated
[[Page 79291]]
instantaneous water heaters is applicable. DOE considered the comments
submitted by Rheem with regard to the language used in the proposed
definition for ``flow-activated instantaneous water heater.'' DOE notes
that the purpose of the proposed definition is to carve out water
heaters that will activate the burner or heating elements only if hot
water is drawn from the unit. Rheem's recommended wording would include
any models that activate the burner or heating element when water is
drawn from the unit, which could include some water heaters that are
both flow-activated and thermostatically-activated. DOE notes that
Rheem's suggestion changes the meaning of the proposed text; to achieve
the same meaning as DOE's proposal would require the addition of
``only'' (i.e., those water heaters where the burner or heating element
activates only when water is drawn from the unit). Therefore, DOE
adopts Rheem's suggestion to remove the double negative from the
definition, and defines flow-activated water heaters as those that will
only activate the burner or heating element if water is drawn from the
unit.
2. Storage Volume Determination for Instantaneous Water Heaters and Hot
Water Supply Boilers (Excluding Storage-Type Instantaneous Water
Heaters)
The existing Federal standby loss test procedure for CWH equipment
references Exhibit G.2 of ANSI Z21.10.3-2011, which in turn references
section 2.26 of that standard to measure the storage volume of the
water heater. The test method in 2.26 of ANSI Z21.10.3-2011 (renumbered
to 5.27 of ANSI Z21.10.3-2015, the most recent version of the standard)
is a weight-based method that requires the water heater to be weighed
empty and then completely filled with water and weighed again. The
total storage volume in the water heater is calculated using the
difference in the weight of the water heater when full and empty. The
2015 version of ANSI Z21.10.3 includes a test method for measuring
storage volume for tube-type water heaters in section 5.28. DOE
reviewed this section and noticed that it does not provide a specific
method to conduct the test and instead only states that the ``volume of
water contained within the water heater shall be determined.'' In the
May 2016 NOPR, DOE declined to propose adoption of section 5.28, noting
that it would leave the decision of the appropriate method (e.g.,
direct measurement, calculation) to individual manufacturers or testing
agencies, who may choose different methods for determining the storage
volume, which could produce inconsistent results. Rather, DOE proposed
to continue using a weight-based test method to measure the storage
volume of all instantaneous water heaters and hot water supply boilers
excluding storage-type instantaneous water heaters. 81 FR 28588, 28607-
28613 (May 9, 2016)
In response to this issue, AHRI, A.O. Smith, Bradley, Bradford
White, and Rheem opposed DOE's proposal to require use of a test method
similar to section 5.27 of ANSI Z21.10.3-2015 (i.e., a weight-based
method), to measure the storage volume of instantaneous water heaters
and hot water supply boilers (other than storage-type instantaneous
water heaters). Specifically, AHRI and Bradley commented that they do
not agree with the proposed test method because it is limited to the
weight-based test method to determine the volume. Both commenters also
stated that the determination of volume is critical only to determine
whether the unit is subject to standby loss standards, and that many
models currently have their stored water volume determined using
calculations based on physical dimensions of water-containing parts.
Both commenters argued that the alternative method of calculating the
stored water volume based on physical dimensions eliminates the concern
of residual water encountered in the weight-based test. Furthermore,
the commenters stated that this method is useful in all cases except
those with a calculated result that is approximately 10 gallons. (AHRI,
No. 26 at p. 14; Bradley, No. 33 at pp. 3-4) A.O. Smith commented that
DOE should accept the rated volume for appliances and allow volume
determination other than through a weight-based method for small water
heaters, and recommended using section 5.28 of ANSI Z21.10.3-2015 to
measure the storage volume. A.O. Smith and Bradford White argued that
many manufacturers purchase heat exchangers which will have residual
water left over from hydrostatic testing. A.O. Smith stated that many
water heaters have water passageways that do not allow the removal of
water, and that such water heaters are filled for leak and operational
testing before shipment. Therefore, manufacturers will never be able to
test a completely dry water heater, thereby leading to inaccuracies in
the measurement of the storage volume and standby loss. (A.O. Smith,
No. 27 at p. 12; Bradford White, No. 21 at p. 10) A.O. Smith further
argued that allowing the use of section 5.28 of ANSI Z21.10.3-2015
would not prohibit independent test laboratories from using a weight-
based test method when no suitable alternative is available, and that
manufacturers would be able to use more accurate test methods such as
solid modeling and calculation-based methods. (A.O. Smith, No. 27 at p.
12) Bradford White suggested that DOE could include a weight-based test
procedure for determining storage volume, but that it must include
steps that include supplying pressurized air and tipping the product in
different directions to assist the removal of residual water. However,
Bradford White added that even with these measures, not all the water
would be removed. (Bradford White, No. 21 at p. 10) Similarly, Rheem
stated that due to hydrostatic testing, the water heater can never be
emptied completely, so the dry weight can never be achieved. Rheem
added that there are different methods of measuring volume of CWH
equipment allowed by ANSI that include mathematical calculations and
software modeling. Rheem recommended that DOE allow theoretical methods
to determine water volume or that DOE set tolerances to account for
residual water. (Rheem, No. 34 at p. 15)
DOE generally agrees with the concerns raised by the manufacturers.
In particular, DOE is concerned that the weight-based test method
specified in section 5.27 of ANSI Z21.10.3-2015 could lead to
inaccurate representation of the storage volume due to the presence of
residual water in the heat exchanger. Therefore, in this final rule,
DOE is adopting provisions to allow for the determination of stored
water volume based on calculations of the physical dimensions or design
drawings (including computer-aided design (CAD) drawings) of the water-
containing parts for instantaneous water heaters and hot water supply
boilers. Despite the concerns with establishing a specific test method
to determine the storage volume of instantaneous water heaters and hot
water supply boilers, DOE notes that it must specify a test method that
can be used to classify a basic model in the appropriate equipment
class and to determine the applicable standard. DOE does not agree with
AHRI's comment that the determination of storage volume is only
necessary to determine whether the water heater is subject to standby
loss standards (i.e., whether it has a storage volume greater than or
equal to 10 gallons). DOE notes that the measured storage volume is
also required in the equations used to calculate the standby loss of
CWH
[[Page 79292]]
equipment. Therefore, DOE cannot leave the storage volume determination
to the discretion of the manufacturer or testing/certifying agency. To
address this issue, DOE has decided to adopt two test methods, either
of which may be used to determine the storage volume of instantaneous
water heaters and hot water supply boilers. Specifically, DOE has
decided to allow for use of the weight-based test method (similar to
section 5.27 of ANSI Z21.10.3-2015) as proposed in the May 2016 NOPR as
one option, and to also permit the use of calculations for determining
the stored water volume based on the physical dimensions or design
drawings (including CAD drawings) of water-containing parts. DOE
believes that these changes are generally consistent with the
approaches used in ANSI Z21.10.3-2015, as discussed immediately above.
Along with changes in the test method, DOE is also making a
corresponding amendment to its certification requirements for CWH
equipment at 10 CFR 429.44, to require the certification of the method
used to determine the storage volume of an instantaneous water heater
or hot water supply boiler. DOE is also updating 10 CFR 429.72 with
provisions to permit the use of physical dimensions (including design
drawing and/or CAD models) to determine the storage volume based on
calculations. In addition, DOE is requiring the retention of
supplemental documents, including any design drawings and/or computer
models, as well as documentation of the calculations performed to
determine the water-carrying parts inside the water heater for any
water heater models where the storage volume is determined based on
calculations.
3. Standby Loss Test Procedures for Instantaneous Water Heaters and Hot
Water Supply Boilers (Other Than Storage-Type Instantaneous Water
Heaters)
DOE proposed two separate standby loss test procedures in the May
2016 NOPR--one for flow-activated instantaneous water heaters, and one
for instantaneous water heaters and hot water supply boilers (other
than flow-activated instantaneous water heaters and storage-type
instantaneous water heaters). 81 FR 28588, 28607-28615 (May 9, 2016).
The following sections describe the comments received in response to
the proposed standby loss test methods, along with DOE's response.
DOE's proposed test method in the May 2016 NOPR would include the
electricity consumed by the pump in the recirculating loop, if
applicable, consistent with ANSI Z21.10.3-2015. In response to this
proposal, Bradford White disagreed with including the electricity
consumed by the pump in the recirculating loop (if used) in calculating
the thermal efficiency of CWH equipment, stating that the recirculating
loop would not be used in the field, and, thus, the pump energy should
not be considered. (Bradford White, No. 21 at p. 11) DOE notes,
however, that paragraph h.2 of Exhibit G.1 of ANSI Z21.10.3-2011
(currently incorporated by reference into DOE's test procedures) and
Annex E.1 of ANSI Z21.10.3-2015 (the most recent update of the industry
standard) require the measurement of the quantity of electricity
consumed by the water heater components and the recirculating pump for
conducting the thermal efficiency test. In this final rule, DOE is not
promulgating a different set of requirements, instead DOE is only
retaining the provisions that already exist in the current test
procedure for electricity consumed by the recirculating loop.
Therefore, DOE does not agree with Bradford White's suggestion that the
energy used by the recirculating pump should not be measured for any
type of water heater because this is part of the industry recognized
test procedure in ANSI Z21.10.3.
a. Applicability of the Test Method
AHRI, A.O. Smith, and Rheem commented that the proposed test
procedure for instantaneous water heaters and hot water supply boilers
other than flow-activated instantaneous water heaters will not work for
models that the test procedure intends to cover. (AHRI, No. 26 at p.
11; A.O. Smith, No. 27 at p. 14; Rheem, No. 34 at p. 17) AHRI and Rheem
stated that many models, although not flow-activated, will act like a
flow-activated instantaneous water heater during the standby loss test
for which there will be no cut-in and subsequent cut-out. AHRI and
Rheem recommended that the test procedure proposed for flow-activated
instantaneous water heaters apply to all instantaneous water heaters
and hot water supply boilers (other than storage-type instantaneous
water heaters). (AHRI, No. 26 at p. 11; Rheem, No. 34 at p. 17) A.O.
Smith stated that circulating instantaneous water heaters are primarily
operated based on a remote temperature sensor, which is not mentioned
in DOE's test method and is presumed to be left in a state that would
require the burner to fire continuously. (A.O. Smith, No. 27 at p. 14)
Raypak commented that the equation presented in the NOPR for the
standby loss test procedure for instantaneous water heaters and hot
water supply boilers can result in negative standby loss values if the
unit does not fire at any point during the standby loss test. (Raypak,
No. 28 at p. 3) Lochinvar sought feedback on how the test method would
work for instantaneous water heaters that do not have an internal call
for heating. Specifically, Lochinvar stated that instantaneous water
heaters that do not have a call for heating internally require an
outside thermostat or aquastat to provide a call for heating, and that
for such water heaters, there will be no second call for heating to end
the test based on the proposal in the May 2016 NOPR. (Lochinvar, Public
Meeting Transcript, No. 20 at p. 97)
DOE also received several comments that related only to the
proposed test procedure for flow-activated instantaneous water heaters.
A.O. Smith commented that the proposed test procedure for flow-
activated instantaneous water heaters is not necessary and may cause
confusion. A.O. Smith suggested that the test methods for all
instantaneous water heaters and hot water supply boilers must be
consistent, adding that demand-based controls and lack of a storage
tank makes the traditional standby loss test impossible to use. To
address this issue, A.O. Smith suggested a standby loss test that
incorporates demand-based operation and measures inlet and outlet
temperature, and stated that, if DOE does not accept the test procedure
in ANSI Z21.10.3-2015, then the test procedure proposed for flow-
activated instantaneous water heaters should be applied to all
instantaneous water heaters and hot water supply boilers. A.O. Smith
added that a common thermal efficiency and standby loss test should be
used for both the flow-activated instantaneous water heaters and
temperature-activated instantaneous water heaters to ensure a level
playing field, and that no special arrangements are required for flow-
activated instantaneous water heaters. (A.O. Smith, No. 27 at pp. 11-12
and 15) Rheem supported the proposal to base the test procedure for
flow-activated instantaneous water heaters on the second part of the
2016 AHRI-recommended test method with some modifications. (Rheem, No.
34 at p. 16) Conversely, Bradley commented that it does not support
basing the flow-activated instantaneous water heater standby loss test
method on the second part of the 2016 AHRI-recommended test method;
instead, it recommended using an alternative test method
[[Page 79293]]
described in its comments. (Bradley, No. 33 at p. 4)
Based on the comments, it appears that instantaneous water heaters
and hot water supply boilers can be categorized into three major
categories based on the kind of feedback-control operation used: (1)
Thermostatically-activated based on an internal call for heating
(internally-activated instantaneous water heaters); (2)
thermostatically-activated based on an external call for heating; and
(3) flow-activated based on an external call for heating. As discussed
previously, in the May 2016 NOPR, DOE proposed separate standby loss
test procedures for flow-activated instantaneous water heaters (81 FR
28588, 28607-28613 (May 9, 2016)) and for instantaneous water heaters
(excluding storage-type instantaneous water heaters) that are not flow-
activated (81 FR 28588, 28615-28617 (May 9, 2016)). The standby loss
test procedure proposed for instantaneous water heaters and hot water
supply boilers that are not flow-activated only addressed units that
are thermostatically-activated by an internal call for heating (or
demand) and did not address units that are thermostatically-activated
by an external call for heating. DOE agrees that the test procedure
proposed for instantaneous water heaters and hot water supply boilers
(other than storage-type instantaneous water heaters) that are not
flow-activated, as proposed in the May 2016 NOPR, would not work for
units that are thermostatically-activated based on an external call for
heating. DOE understands that, for field applications of units that are
activated by an external demand, the thermostat is typically placed in
a remote location, such as in an unfired hot water storage tank, and is
activated when the water in the tank cools down below the set point. In
the context of the proposed standby loss test, unless the external
control provides a call for heating (such a call for heating is not
specified in either the existing or proposed standby loss test), the
unit under test would not activate the burner or heating element during
the standby loss test. Thus, the standby loss test proposed for
instantaneous water heaters and hot water supply boilers (other than
flow-activated instantaneous water heaters) would not be applicable to
instantaneous water heaters that are thermostatically-activated by an
external demand, because these units would not experience a call for
heating, and therefore the burner or heating element(s) would not
activate during the test. The test method for determining the standby
loss of flow-activated instantaneous water heaters was designed to
address units where the burner or heating element(s) may not activate
during the test. Considering the comments received from the
stakeholders, DOE agrees that the standby loss test procedure proposed
for flow-activated instantaneous water heaters in the May 2016 NOPR can
be used for externally thermostatically-activated instantaneous water
heaters, as neither of these types of water heater would cut-in (i.e.,
have the heating element or burner turn on) during the standby loss
test. Therefore, DOE is making the test method adopted in this final
rule for flow-activated instantaneous water heaters apply to externally
thermostatically-activated instantaneous water heaters as well.
To address operational characteristics of externally
thermostatically-activated instantaneous water heaters, the proposed
standby loss test procedure in the May 2016 NOPR for flow-activated
instantaneous water heaters must be modified slightly. These amendments
include: (1) Adding provisions that require either removing the
external call for heating, or turning off the fuel supply to the
burners or electricity supply to the heating element (as applicable)
after the steady-state conditions as specified in section III.F.1 are
achieved prior to initiating the standby loss test; and (2) removing
the fuel consumption terms from the equation to calculate the standby
loss. Adopting the provisions to remove the external call for heating
or turn off the fuel and electricity will ensure that there will be no
fuel consumption (or electricity consumption for the purpose of heating
water) during the course of the standby loss test. Therefore, the
equations would not require the fuel consumption terms in the
calculation for standby loss.
To simplify the regulatory text, DOE has decided to include all
test procedures related to gas-fired and oil-fired instantaneous water
heaters and hot water supply boilers under one appendix (i.e., appendix
C to subpart G of part 431). This differs from the approach proposed in
the May 2016 NOPR, which would have provided a separate appendix for
gas-fired and oil-fired instantaneous water heaters and hot water
supply boilers other than flow-activated instantaneous water heaters
(proposed appendix C) and flow-activated instantaneous water heaters
(proposed appendix E). Within appendix C adopted in this final rule,
the thermal efficiency test and the steps prior to starting the standby
loss test (e.g., for verifying steady-state conditions) are common to
all gas-fired and oil-fired instantaneous water heaters and hot water
supply boilers. The standby loss tests for (1) thermostatically-
activated instantaneous water heaters with internal thermostat; and (2)
thermostatically-activated instantaneous water heaters with external
thermostat and flow-activated instantaneous water heaters are described
separately in the regulatory text.
In the May 2016 NOPR, DOE also proposed standby loss test
procedures for electric instantaneous water heaters (contained in
proposed appendix D) and electric flow-activated instantaneous water
heaters (contained in proposed appendix E). 81 FR 28588, 28649-28650
(May 9, 2016). In this final rule, DOE has decided to include the
standby loss test procedures for all electric instantaneous water
heaters in appendix D to subpart G of part 431. Similar to the
structure in appendix C, the steps in the standby loss test procedure
prior to initiating the measurements for the standby loss test are the
same for all electric instantaneous water heaters. The steps describing
the conduct of the standby loss test are different for internally
thermostatically-activated electric instantaneous water heaters and
those that are either externally thermostatically-activated or flow-
activated.
b. Applicability to Models With Less Than 10 Gallons of Stored Water
Volume
In the May 2016 NOPR, DOE proposed standby loss test procedures for
all gas-fired, oil-fired, and electric instantaneous water heaters and
did not limit the use of the test procedure to less than 10 gallons of
rated storage volume. 81 FR 28588, 28607, 28615 (May 9, 2016).
In response, Bradford White stated that it agrees with adopting a
standby loss test applicable to units with rated storage volume less
than 10 gallons, only if compliance with maximum standby loss standards
is not required for such units. (Bradford White, No. 21 at p. 11)
Bradley stated that flow-activated instantaneous water heaters having
capacity less than 10 gallons contain little thermal energy, and that
developing a test procedure for such units is unnecessary. According to
Bradley, the thermal energy loss of their electric-instantaneous flow-
activated models with less than 10 gallons of storage capacity is less
than 600 Btu/h (157 Watts). Bradley stated that these units will not
function effectively unless water in the unit is minimized and that
typically these units contain small volumes--often less than two
gallons of water. Bradley argued that, due to low
[[Page 79294]]
volumes, the units have a very limited amount of stored energy, and
suggested that DOE should simplify the test method based on an
assumption that the temperature of the water stored in the unit will
drop to the ambient temperature within a one-hour time period. Bradley
further stated that due to the nature of its water heaters, the burden
to test them for standby loss would be high, while not resulting in any
meaningful energy savings, but that its suggested clarifications and
simplifications to the test procedure would help in reducing the
burden. (Bradley, No. 33 at pp. 1-3)
In response to these comments, DOE notes that the current maximum
standby loss standards for instantaneous water heaters are only
applicable to gas-fired and oil-fired instantaneous water heater models
with rated storage volume greater than or equal to 10 gallons. 10 CFR
431.110. Therefore, manufacturers are currently not required to test
and certify their instantaneous water heaters and hot water supply
boilers for standby loss, if the model has a rated storage volume less
than 10 gallons. DOE further notes that in the NOPR for energy
conservation standards for CWH equipment that was published in the
Federal Register on May 31, 2016, DOE did not propose to prescribe
standby loss standards for electric instantaneous water heaters and
gas-fired and oil-fired instantaneous water heaters with rated storage
volume less than 10 gallons. 81 FR 34440. Although in this test
procedure final rule, DOE is prescribing a test procedure that could be
used to test all instantaneous water heaters for standby loss,
manufacturers are not required to test and certify units that are not
subject to energy conservation standards. However, if a manufacturer
chooses to make representations for standby loss for an instantaneous
water heater or hot water supply boiler with a rated storage volume
less than 10 gallons, then it must do so using DOE's test procedures
specified in Appendix C or Appendix D to subpart G of part 431 (as
applicable). In this final rule, DOE is adopting standby loss test
procedures for all gas-fired, oil-fired, and electric instantaneous
water heaters without limiting its applicability based on rated storage
volume.
DOE also considered the simplified test method suggested by Bradley
in its comments. The test procedure suggested by Bradley restricts the
time period of the standby loss test to one hour and removes the
electricity consumption terms from the standby loss equation. DOE
addressed similar issues related to the test duration in the May 2016
TP NOPR, in which it discussed the disadvantages of having a set time
duration to conduct the standby loss test. 81 FR 28588, 28611 (May 9,
2016) As discussed in the May 2016 NOPR, the standby mode operation of
flow-activated instantaneous water heaters resembles a complete cool-
down test where the main burner or heating element does not activate at
any point during the test. Simply assuming that the water heater loses
all stored thermal energy over a one-hour period ignores the fact that
the rate of heat loss is dependent on the insulation and design of the
water heater itself, and models with different insulation thicknesses
and heat exchanger designs will lose heat at different rates. 81 FR
28588, 28611 (May 9, 2016). Accordingly, if the duration of the test
were set to one hour, this could lead to an inaccurate comparison of
the standby loss between two water heaters that lose heat at different
rates because some water heaters may reach ambient temperature much
more quickly than that and others much more slowly. For example, a
water heater that cools to ambient temperature in 5 minutes would have
the same standby loss rating as a water heater that reaches ambient in
a period of 50 minutes. In addition to yielding the same standby loss
for two models that would otherwise have significantly different
standby loss ratings, the assumption would likely understate the
standby loss by assuming the loss occurs over the full duration of an
hour, rather than the actual amount of time it takes for the thermal
energy to be lost, which according to Bradley is generally less than an
hour. The suggested simplified test method also does not account for
electrical consumption during the course of the test. The electrical
consumption during the standby loss test is mainly due to electricity
provided to keep the controls and non-water-heating functions running
during the standby loss test. This electricity consumption is also
accounted for in the current standby loss equations in the test
procedures in Exhibit G.2 of ANSI Z21.10.3-2011, incorporated by
reference as DOE's standby loss test procedure for storage and
instantaneous water heaters and set forth in 10 CFR 431.106. Therefore,
in this final rule, DOE has decided not to make changes to its proposed
standby loss equations based on the comments provided by Bradley.
c. Turning Off Supply and Outlet Water Valves Simultaneously
The standby loss test procedures for flow-activated instantaneous
water heaters and all other instantaneous water heaters and hot water
supply boilers (except storage-type instantaneous water heaters)
proposed in the May 2016 NOPR required the water pump and supply and
outlet water valves to be shut off simultaneously to start the standby
loss test. 81 FR 28588, 28607, 28615 (May 9, 2016) This proposal was
related to DOE's tentative decision in the May 2016 NOPR to install the
supply water valve at a distance of 5 inches away from the water heater
in the supply water connection and the outlet water valve at a distance
of 10 inches away from the water heater in the outlet water connection
in order to reduce the effect of heat loss due to mixing with water in
the piping during the standby loss test. 81 FR 28588, 28613-28615 (May
9, 2016). DOE received several comments on the placement of the supply
and outlet water valves that are discussed and addressed in section
III.I.3 of this final rule. The following paragraphs discuss the
comments received with regard to turning off the supply and outlet
water valves simultaneously at the start of the standby loss test.
AHRI, A.O. Smith, Bradford White, and Raypak opposed the proposed
requirement that the supply water valve and outlet water valve (and
water pump) be turned off simultaneously when initiating the standby
loss test for instantaneous water heaters and hot water supply boilers.
The commenters stated that the proposed test method may lead to unsafe
operating conditions and/or may trigger the relief valve to open if the
water heater burner or elements activate to satisfy a call for heating
during the standby loss test. AHRI, A.O. Smith, Bradford White, Raypak,
and Rheem recommended that only the outlet water valve be closed at the
start of the standby loss test and the supply valve be kept open at all
times. (AHRI, No. 26 at p. 11; A.O. Smith, No. 27 at p. 13; Bradford
White, No. 21 at p. 11; Raypak, No. 28 at p. 3; Rheem, No. 34 at p. 16)
AHRI and Rheem stated that the outlet valve is sufficient to stop the
flow while allowing thermal expansion to occur during the test. (AHRI,
No. 26 at p. 11; Rheem, No. 34 at p. 16) Similarly, A.O. Smith
commented that, if there is heat added to the heat exchanger after the
flow is stopped, there must be an allowance for thermal expansion of
the water. A.O. Smith added that in the proposed test procedure, the
closing of the supply and outlet water valves isolates the water
heater, and if the control is set to a call for heating at all times,
the water heater may continue to fire until the water temperature
reaches the high safety limit. This could result in the formation
[[Page 79295]]
of superheated steam and blow off the pressure relief valve. (A.O.
Smith, No. 27 at pp. 14-15)
DOE agrees with the comments received from the stakeholders citing
safety concerns while conducting the standby loss test as proposed in
the May 2016 NOPR. To address this issue, DOE has decided to remove the
requirement to turn off the supply water valve during the conduct of
the standby loss test. Instead, the standby loss test procedures
adopted for instantaneous water heaters and hot water supply boilers
only require turning off the outlet water valve and the water pump at
the start of the test. DOE has also made several amendments to its test
set-up proposed in the May 2016 NOPR, including ones related to the
standby loss test procedure. These amendments and the related comments
are discussed in section III.I of this final rule.
d. Approximation of Stored Water Temperature Based on Water Temperature
at the Outlet
As discussed previously, in the May 2016 NOPR DOE tentatively
decided to use the outlet water temperature as an approximation for the
mean tank temperature to conduct the standby loss test for flow-
activated instantaneous water heaters and other instantaneous water
heaters (except for storage-type instantaneous water heaters). 81 FR
28588, 28607, 28615 (May 9, 2016).
In response to this proposal, Raypak stated that because DOE
proposed not to adopt the test procedures in ANSI Z21.10.3-2015 for
flow-activated instantaneous water heaters and instantaneous water
heaters and hot water supply boilers (other than flow-activated
instantaneous water heaters and storage-type instantaneous water
heaters), it does not support the use of outlet water temperature as a
conservative estimate for the mean tank temperature. Instead, Raypak
recommended using the average of the supply and outlet water
temperature (Raypak, No. 28 at p. 4) Raypak also stated that it
supported DOE's decision to not use an external tank to measure the
mean tank temperature. (Raypak, No. 28 at p. 7) Rheem also recommended
that instead of using the outlet water temperature as an approximation
for the stored water temperature, DOE use an average of the inlet and
outlet water temperature. Rheem added that DOE's proposal is better
suited for gas-fired flow-activated instantaneous water heaters than
for electric flow-activated instantaneous water heaters. (Rheem, No.
34, at pp. 16-17) Bradley supported using the outlet water temperature
as an approximation for the stored water temperature, but also
reiterated that the calculation of standby loss for water heaters with
very low volume is wasteful, burdensome, and unnecessary (see section
III.H.3.b for further discussion of Bradley's comment on standby loss
for water heaters with very low volumes). (Bradley, No. 33 at p. 4) The
Joint Advocates supported DOE's determination that outlet water
temperature is an appropriate reference for the standby loss test
(rather than the mean tank temperature). (Joint Advocates, No. 32 at p.
2)
A.O. Smith stated that the assumption that stored water temperature
is the key to standby loss for instantaneous water heaters does not
take into consideration that: (1) More heat may be stored in the heat
exchanger than the water itself; (2) there is a non-uniform water
temperature in the heat exchanger which increases from inlet to outlet;
and (3) gravity circulation may lead to a decrease in the outlet water
temperature that is not due to the heat loss to the atmosphere. A.O.
Smith suggested using the average of the inlet and outlet water
temperature to approximate the stored water temperature. (A.O. Smith,
No. 27 at p. 13)
DOE also received several comments on this issue at the NOPR public
meeting. Bradley stated that for electric instantaneous water heaters
with a 70 [deg]F inlet and 140 [deg]F outlet, assuming the outlet water
temperature as an approximation for stored water temperature would be a
large penalty. However, Bradley also agreed that inserting temperature
probes in the heat exchanger would be difficult. (Bradley, Public
Meeting Transcript, No. 20 at p. 103) AHRI stated that inserting a
temperature probe inside the heat exchanger is difficult and suggested
that the outlet water temperature probe be used as point of reference
for the standby loss test since a temperature probe is already required
for measurement of the water close to the outlet of the water heater in
the thermal efficiency test. (AHRI, Public Meeting Transcript, No. 20
at pp. 104-105)
In the May 2016 NOPR, DOE considered several options for estimating
the stored water temperature inside the water heater for developing the
proposed standby loss test procedure for instantaneous water heaters
and hot water supply boilers. 81 FR 28588, 28616 (May 9, 2016). Among
the options, DOE considered using an average of the supply and outlet
water temperature as an estimation of the stored water temperature
inside the heat exchanger. DOE weighed this option against the option
of using the outlet water temperature as an approximation for the
stored water temperature inside the heat exchanger. Ultimately, DOE
proposed to use the outlet water temperature as an approximation,
because it was included in the industry-adopted test method for flow-
activated instantaneous water heaters, specifically in Annex E.3 of
ANSI Z21.10.3-2015. DOE notes that using the average of the supply and
outlet water temperature as an estimate for the stored water
temperature is only valid if the water temperature inside the heat
exchanger has a linear increase in temperature as it moves from the
inlet to the outlet. Considering the kinds of heat exchangers that are
typically used in instantaneous water heaters and hot water supply
boilers (e.g., fin-tube, helical condensing heat exchangers), DOE does
not believe this assumption to be valid. Instead, DOE expects that the
mass-weighted average temperature of the water inside the heat
exchanger is likely to be higher than the simple average of the water
temperature between the supply and the outlet, because the rate of heat
transfer from the burner to the water decreases as the water
temperature rises in the heat exchanger. Therefore, as the water moves
through the heat exchanger and approaches the required outlet water
temperature, it takes longer for its temperature to rise further, and
thus, the mass-weighted average of the water in the heat exchanger is
higher than the simple average between supply and outlet water
temperature.
DOE agrees that using the average between the supply and outlet
water temperature is a simple approach; however, this method is not
sufficiently accurate to represent the temperature of water stored in
the heat exchanger. Further, inserting probes deep inside the heat
exchanger to accurately capture the stored water temperature would
result in a more accurate reading of the water temperature within the
heat exchanger, but would be significantly burdensome to achieve and
difficult to ensure consistency in the placement of the temperature
sensor, thereby decreasing repeatability. Using the outlet water
temperature as an approximation for the stored water temperature should
be more representative of the stored water temperature than using a
simple average between the supply and outlet water temperature and less
burdensome than inserting probes deep inside the heat exchanger. After
careful consideration and based on the discussion above, DOE is not
adopting the simple average of the supply and outlet water temperature
as
[[Page 79296]]
an approximation for the stored water temperature. Instead, the outlet
water temperature serves as an approximation for the stored water
temperature. This is consistent with the industry test method specified
in Annex E.3 of ANSI Z21.10.3-2015 and provides for a conservative test
result where a large amount of uncertainty exists in estimating the
stored water temperature in the heat exchanger.
e. Pump Purge
The proposed standby loss test procedure for instantaneous water
heaters and hot water supply boilers (including the proposed test
procedure for flow-activated instantaneous water heaters) in the May
2016 NOPR would require the test to be initiated immediately after
turning off the supply and outlet water valves and water pump. 81 FR
28588, 28613 (May 9 2016).
DOE received several comments from stakeholders opposing a
requirement to start the test immediately following the close of the
supply and outlet water valves and the water pump. Specifically, Raypak
argued that the proposed test procedure for instantaneous water heaters
and hot water supply boilers does not take into consideration pump
purge functionality,\15\ and there are several models on the market
that include such functionality. Raypak recommended that the standby
loss test be started only after the pump purge period has ended.
(Raypak, No. 28 at pp. 3,4,7; Raypak, Public Meeting Transcript, No. 20
at p. 90) Rheem stated that post-purge operation of the water heater
needs to be addressed in the test procedure because the functionality
is used to reduce standby loss by removing residual heat from the water
heater. (Rheem, No. 34 at p. 16) AHRI stated that some models use pump
purge to remove heat from a water heater that is used to service the
hot water system, so the standby loss test should not start until the
pump purge operation is complete. (AHRI, No. 26 at p. 12) A. O. Smith
stated that many instantaneous water heaters have an integral pump with
a delay that continues to circulate water through the heat exchanger
for a limited time (30 seconds to 3 minutes) to move residual hot water
from the heat exchanger to the storage tank. A. O. Smith recommended
that the outlet water valve and water pump be turned off after the pump
delay is complete. (A. O. Smith, No. 27 at p. 13)
---------------------------------------------------------------------------
\15\ Pump purge functionality allows the water pump to remain on
for a short period after the main burner cuts out, which purges
heated water from the unit, thereby reducing standby losses.
---------------------------------------------------------------------------
DOE agrees with commenters that pump purge functionality is useful
in removing the hot water stored in the water heater for use in the
system. Thus, DOE also agrees with the recommendations from the
stakeholders that the unit should be tested after the pump purge has
ended. To accommodate pump purge operation, DOE will require the outlet
water valve to remain open after the burner has cutout until the water
pump has turned off. Further, DOE will require the loss in thermal
energy recorded during the standby loss test and represented by the
temperature difference term [Delta]T1, to be measured after
the pump purge operation ends. Specifically, DOE modifies the
definition of the term `[Delta]T1' to refer to the heat
exchanger outlet water temperature measured at the end of pump purge
minus the heat exchanger outlet water temperature measured at the end
of the test.
Therefore, in this final rule DOE adopts the following updates to
the standby loss test for instantaneous water heaters and hot water
supply boilers that are equipped with pump purge functionality: (1)
Require the outlet valve to remain open until the pump purge operation
is complete and then close the outlet water valve after the pump shuts
down; (2) measure the thermal energy loss after the pump purge
operation is complete and (3) end the standby loss test after the pump
purge operation is completed and when the heat exchanger outlet water
temperature has decreased by 35 [deg]F from its value measured at the
start of the test (i.e., starting from the point when the main
burner(s) or heating element(s) cut-out). If, after a pump purge
operation, the outlet water temperature has dropped by 35 [deg]F or
more, from its value after the burner(s) or heating element(s) cuts-
out, then the test must be stopped after the pump purge is complete.
All the required parameters must be recorded for the entire standby
loss test, including the pump purge operation.
Considering the comments received, DOE revises the standby loss
test procedure proposed in the May 2016 NOPR for flow-activated
instantaneous water heaters to include additional provisions that
account for pump purge functionality. DOE adds a requirement to measure
the heat exchanger outlet water temperature immediately after the main
burner(s) or heating element(s) cut out and clarifies that the outlet
water valve must be kept open until the water pump shuts down. After
the water pump shuts down, the outlet water valve must be closed and
the recording of all required parameters for the standby loss test is
started. The test is stopped once the heat exchanger outlet water
temperature decreases by 35 [deg]F from the temperature measured when
the burner(s) or heating element(s) cut-out before the pump purge
operation. DOE has included these modifications to the test procedure
in Appendix C (for gas-fired and oil-fired equipment) and Appendix D
(for electric equipment) to subpart G of part 431.
DOE also adopts provisions at 10 CFR 429.44 to require certifying
whether the unit has pump purge functionality. These amendments are
discussed further in section III.N of this final rule.
f. Temperature Rise Requirement and End of Test Criteria for
Instantaneous Water Heaters
The proposed standby loss test procedures for instantaneous water
heaters and hot water supply boilers (including flow-activated and
externally thermostatically-activated instantaneous water heaters)
would require water to be supplied at a temperature of 70 [deg]F 2 [deg]F; the fuel supply to be at the unit's full firing rate;
and the water flow rate to be adjusted to achieve and maintain 70
[deg]F 2 [deg]F above the supply water temperature before
achieving steady-state condition prior to the standby loss test. 81 FR
28588, 28613 (May 9, 2016). The proposed standby loss test for flow-
activated and externally thermostatically activated instantaneous water
heaters would be stopped once the outlet water temperature decreases by
35 [deg]F 2 [deg]F Id. at 28612-28613. DOE received
several comments on the criteria for determining the end of the test
and the requirement to achieve steady state with a temperature rise of
70 [deg]F 2 [deg]F.
With regard to the criteria for determining the end of the standby
loss test, A. O. Smith stated that the 35 [deg]F 2 [deg]F
decrease in outlet water temperature is inappropriate because a greater
proportion of heat is stored in the mass of the heat exchanger rather
than the water stored in the heat exchanger, which according to A. O.
Smith is not equal to the outlet water temperature. A. O. Smith further
stated that internal circulation within the water heater equalizes the
temperature in the heat exchanger without actually losing heat to the
ambient air. (A. O. Smith, No. 27 at pp. 12-13). Bradley supported the
35 [deg]F drop in outlet water temperature as the criterion for ending
the test, but noted that for water heaters with small volumes, the
decrease in outlet water temperature will be due to
[[Page 79297]]
internal mixing and not losses to the ambient air. (Bradley, No. 33 at
p. 1-3)
In the May 2016 NOPR, DOE considered the merits of establishing a
specific temperature decrease criterion to stop the standby loss test
as compared to a specific time duration. 81 FR 28588, 28611-28612 (May
9, 2016). In the May 2016 NOPR DOE noted that setting a specific time
criterion ignores the fact that different water heaters could lose heat
to the ambient air at different rates. Although DOE recognizes A. O.
Smith's concerns regarding heat contained in the heat exchanger and
possible mixing, DOE notes that the commenter did not suggest an
alternative stopping criterion. Furthermore, DOE maintains its
conclusion and rationale from the NOPR that setting a specific time
criterion is not appropriate, and agrees with Bradley that a 35 [deg]F
drop in outlet water temperature as the criterion for ending the test
is appropriate. Therefore, in this final rule, DOE has decided to adopt
the proposed stopping criteria: That the standby loss test for all
externally thermostatically-activated and flow-activated instantaneous
water heaters be stopped when the outlet water temperature decreases by
35 [deg]F 2 [deg]F (as was proposed in the May 2016 NOPR
for flow-activated instantaneous water heaters).
On the issue of achieving an outlet water temperature of 70 [deg]F
2 [deg]F above the supply water temperature, Bradley
stated that certain of its water heater models have physical and
tertiary temperature limit safety devices that cannot be safely
overridden and will not be able to meet the proposed 140 [deg]F outlet
temperature condition. (Bradley, No. 33 at p. 4) Rheem and AHRI
commented that certain water heating technologies cannot achieve the 70
[deg]F temperature rise to reach the 140 [deg]F outlet water
temperature condition, and suggested the use of 70 [deg]F temperature
rise or the maximum designed outlet water temperature, whichever is
greater. (Rheem, No. 34 at p. 16; AHRI, No. 26 at p. 11)
In response, DOE acknowledges the concerns raised and adopts the
changes suggested by AHRI and Rheem with regards to instantaneous water
heaters that are unable to achieve the required outlet water
temperature due to in-built safety mechanisms. In this final rule, DOE
adopts provisions that would allow such units to be tested using the
maximum outlet water temperature that the unit is capable of achieving.
I. Test Set-Up for Commercial Instantaneous Water Heaters and Hot Water
Supply Boilers
In the May 2016 NOPR, DOE proposed several amendments to the
current test set-up for commercial instantaneous water heaters and hot
water supply boilers (including flow-activated instantaneous water
heaters). These proposed amendments include: (1) Specifying the
location for measuring the outlet water temperature; (2) specifying the
location for placing the supply and outlet water valves; (3) adding
provisions for commercial equipment with multiple outlet water
connections; and (4) adding conditions for using a recirculating loop.
81 FR 28588, 28613-28615 (May 9, 2016). DOE received several comments
from manufacturers and industry representatives in response to each
proposed amendment in the test set-up, which are discussed in detail in
the sections immediately below.
1. Location of Outlet Water Temperature Measurement
The existing thermal efficiency and standby loss test methods as
described in ANSI Z21.10.3-2011 and incorporated by reference into
DOE's test procedures at 10 CFR 431.107 require commercial
instantaneous water heaters and hot water supply boilers to be set up
in accordance with Figure 2 of ANSI Z21.10.3-2011. Neither Figure 2 nor
the text of DOE's test method, provide an exact location for measuring
the outlet water temperature. If the outlet water temperature is
measured at a significant distance away from the water heater, it could
lead to an inaccurate representation of the outlet water temperature
due to heat loss in the piping, particularly during the standby loss
test. Thus, to ensure consistency and repeatability of the test, in the
May 2016 NOPR, DOE proposed to specify a requirement for the distance
of the outlet temperature sensor from the water heater jacket. Further,
in the May 2016 NOPR, DOE proposed to use the outlet water temperature
as an approximation for the temperature of stored water contained in
the heat exchanger. Therefore, it was important in the context of the
May 2016 NOPR proposal that the outlet water temperature be measured as
close as possible to the water heater to minimize the effect of piping
heat losses and to obtain a more accurate approximation of the stored
water temperature inside the heat exchanger, while conducting the
standby loss test. Specifically, in the May 2016 NOPR, DOE proposed
that the tip or junction of the temperature sensor be placed at a
distance of less than or equal to 5 inches from the water heater
jacket, at the central axis of the water pipe, and with a radiation
protection shield. The proposal left the type and number of
temperature-sensing instruments to the discretion of the testing
operator. 81 FR 28588, 28614 (May 9, 2016).
Bradford White, AHRI, A. O. Smith, Raypak, Rheem, and Lochinvar
disagreed with DOE's proposed location for measuring the outlet water
temperature for both the thermal efficiency and standby loss tests. The
commenters argued against moving the outlet water temperature sensor
from its current location, because the current location includes two
elbows in the outlet water piping connection, before the outlet water
temperature measurement, which induces turbulent flow and improves
mixing of water in the pipes, leading to a better representation of the
outlet water temperature. (Bradford White, No. 21 at p. 10; AHRI, No.
26 at p. 10-11; A. O. Smith, No. 27 at p. 14; Raypak, No. 28 at p. 3;
Rheem, No. 34 at p. 17; Lochinvar, Public Meeting Transcript, No. 20 at
p. 87) Bradford White stated that measuring the outlet water
temperature a significant distance away from the water heater would not
lead to an inaccurate representation unless the pipes are poorly
insulated. (Bradford White, No. 21 at p. 10) Raypak commented that
requiring the outlet water temperature sensor to be within 5 inches of
the water heater during the thermal efficiency test would make the
measurement extremely difficult or physically impossible, especially
for larger fuel input rates. However, Raypak suggested that, for the
standby loss test, the outlet water temperature could be measured at
the outlet or possibly inside the water heater jacket, and recommended
adopting separate test set-up figures for conducting the thermal
efficiency and standby loss tests. (Raypak, No. 28 at pp. 3-4) Bradford
White suggested requiring additional thermocouples to be inserted into
the outlet of the water heater for the standby loss test. (Bradford
White, No. 21 at p. 10) AHRI also suggested adding another temperature-
sensing means, and suggested that it be installed one-inch inside the
water heater's outlet to measure the maximum temperature of the water
in the unit. (AHRI, No. 26 at p. 11) Raypak stated that as a unit size
increases, it may become increasingly difficult to add temperature-
sensing means and water valves at the distances proposed in the May
2016 NOPR, and recommended that DOE consider
[[Page 79298]]
specifying the locations in terms of pipe diameters rather than exact
distances. (Public Meeting Transcript, No. 20 at pp. 86-87)
AHRI recommended that DOE require an instantaneous water heater to
be tested using the test set up in figures 1, 2 and 3 proposed for
storage water heaters in the May 2016 NOPR (see 81 FR 28588, 28599-
28600). (AHRI, No. 26 at p. 10)
Bradley Corporation suggested that the requirements for test set-up
should include the phrase ``water heater jacket or enclosure,'' to
specify the location for measuring ambient room temperature, test air
temperature, ambient relative humidity, and air draft, because there
are no jackets for instantaneous water heaters. (Bradley, NOPR Public
Meeting Transcript, No. 20 at p. 33) After considering these comments,
DOE has decided to retain the two elbow fittings in the outlet water
piping before the outlet water temperature measurement for the thermal
efficiency test, as DOE agrees with the suggestions from the commenters
that the elbows will improve the water mixing and allow for a more
accurate measurement of the outlet water temperature during the thermal
efficiency test. Nevertheless, DOE continues to believe that specifying
the distance of the measurement from the water heater will improve
repeatability without adding burden to the test, as it will ensure
consistent placement of the outlet water temperature sensor. As a
result, DOE has modified Figure III.4 as proposed in the May 2016 NOPR
to require the outlet water temperature sensor be installed at the
second elbow in the outlet water piping for the thermal efficiency
test. DOE is also adopting AHRI's recommendation to permit the use of
the test set-ups specified in Figure III.1, Figure III.2, and Figure
III.3 of the May 2016 NOPR (and shown as figures 2.1, 2.2, and 2.3 in
Appendix A to subpart G in the regulatory text of this document) to
test instantaneous water heaters that do not require a recirculating
loop for testing (see section III.I.5). As a result, DOE has also
modified the piping configuration in Figure III.4 of the May 2016 NOPR
to match the total piping lengths specified for the test set-up for
water heaters with horizontal opening water connections (as shown in
Figure III.3 of this final rule). Specifically, DOE is specifying a
measurement location for the outlet water temperature sensor, similar
to storage water heaters at a horizontal piping length of 6 inches and
vertical piping length of 24 inches from the outlet port of the water
heater. These distances are comparable to the distances specified for
storage water heaters and address Rheem's concern about equitable
distances for both storage and instantaneous water heaters. DOE
concludes that these changes are consistent with the industry test
method, ANSI Z21.10.3-2015, and simply provide additional detail and
clarification to improve the repeatability of the test. The amended
test set-up for instantaneous water heaters and hot water supply
boilers to be tested with a recirculating loop is shown in Figure III.4
of this final rule.
Further, in response to Raypak's comment regarding specifying the
pipe length in terms of multiples of pipe diameter, DOE believes that
given the increase in distance of the outlet water temperature sensor
from the outlet water port adopted in this final rule, specifying
distance in terms of pipe diameters is not necessary. In addition, DOE
is not aware of any units for which it would not be possible to measure
the outlet water temperature at the distance adopted in this final
rule. Therefore, DOE has decided to maintain the required distance for
installing the outlet water temperature sensor in terms of total piping
length rather than pipe diameter.
For the standby loss test, DOE believes and as noted in the
comments, there is merit to installing the outlet water temperature
measurement probe as close as possible to the water heater to
accurately represent the temperature of water stored inside the heat
exchanger during the standby loss test. Thus, DOE has decided to adopt
separate locations for measuring outlet water temperature for the
thermal efficiency test and standby loss test for instantaneous water
heaters and hot water supply boilers. Specifically, for the standby
loss test, based on the recommendations of commenters, the outlet water
temperature sensors must be installed in the outlet water piping within
one inch (either inside or outside) of the outlet water port. To avoid
confusion with the outlet water temperature measured in the thermal
efficiency test, DOE designates this temperature measurement ``heat
exchanger outlet water temperature,'' denoted as ``TOHX.''
As a result, DOE has modified Figure III.1, Figure III.2, Figure III.3,
and Figure III.4 proposed in the May 2016 NOPR by adding an extra
temperature sensor, TOHX, at a distance of one-inch from the
outlet port of the water heater (either inside or outside).
With regard to Bradley's comment on including the term
``enclosure'' with the term ``water heater jacket,'' DOE agrees that
the suggested phrase better encompasses the range of instantaneous
water heater designs and is adding the term to the ambient condition
measurement location requirements adopted in this final rule for
instantaneous water heaters.
Figure III.1, Figure III.2, Figure III.3, and Figure III.4 (for
units tested with a recirculating loop) of this final rule show the
required location of the outlet water temperature measurement and the
heat exchanger outlet water temperature measurement that DOE adopts in
this final rule for the thermal efficiency test and standby loss test,
respectively, for instantaneous water heaters and hot water supply
boilers.
2. Multiple Outlet Water Connections
In the May 2016 NOPR, DOE proposed that for instantaneous water
heaters with multiple outlet water connections, the outlet water
temperature be maintained at 70[emsp14][deg]F
2[emsp14][deg]F at each outlet connection, and the average outlet
temperature for use in the subsequent calculations be determined as the
average of the values measured at each connection leaving the water
heater jacket. 81 FR 28588, 28614 (May 9, 2016). In response, Bradford
White disagreed with DOE's proposal to require measurement of the
outlet temperature at each outlet connection, arguing that the proposed
changes are overly burdensome due to the addition of more thermocouples
and complex piping configurations that the proposed changes may result
in. Bradford White stated that multiple outlets are sometimes included
on products to accommodate different field piping configurations that
may be encountered in replacement installations, and that not all
connections are intended to be used in the field. (Bradford White, No.
21 at p. 11)
DOE clarifies that the provisions proposed for multiple outlet
water connections were intended to apply to equipment that is designed
to use both (or multiple) outlet water connections simultaneously
during field operation, such as models that contain two individual
units assembled or stacked together and are sold as a single, larger
unit. Such units typically employ external piping to combine the
multiple supply and outlet water connections (respectively) to form a
single supply and single outlet water connection for the entire water
heater. To achieve the fuel input rate for which the model is designed
and rated, both sub-units need to be supplied with water and fired at
their respective full firing capacities. If a model consists of
redundant outlet water connections that can be used optionally to
accommodate various field piping configurations, and the outlet
[[Page 79299]]
water connection does not need to be operated to achieve the rated
input for the model, then the outlet water provisions are not required
to be applied to such outlet water connections. Therefore, in this
final rule, DOE retains the provisions for placement of temperature
sensors for measuring outlet water temperatures for the thermal
efficiency and standby loss tests for instantaneous water heaters and
hot water supply boilers equipped with multiple outlet water
connections, and DOE clarifies in the regulatory text that these
requirements are only applicable if the simultaneous use of those
outlet connections is necessary to achieve the rated input during
testing.
DOE also adopts changes for water heaters with multiple outlet
water connections to reflect the changes discussed in section III.I.1
with regard to the placement of the outlet water temperature sensors
for the thermal efficiency and standby loss test. The outlet water
temperature sensor placement provisions discussed in section III.I.1
(as applicable) must be applied to all outlet water connections leaving
the water heater that are required to be used to achieve the designed
fuel input rate for the thermal efficiency and standby loss test.
3. Supply and Outlet Water Valves
The current test procedure for instantaneous water heaters and hot
water supply boilers does not clearly indicate the location and
installation of the supply and outlet water valves. In the May 2016
NOPR, DOE proposed to require supply and outlet water valves to be
installed within a specified distance of the water heater.
Specifically, for instantaneous water heaters and hot water supply
boilers shipped without external piping installed at the point of
manufacture, DOE proposed to require that the supply water valve be
installed within 5 inches of the jacket, and the outlet water valve be
installed within 10 inches of the jacket. For instantaneous water
heaters and hot water supply boilers with external piping assembled at
the manufacturer's premises prior to shipment, DOE proposed to require
that the supply and outlet water valves be installed within 5 inches of
the end of the piping shipped with the unit. 81 FR 28588, 28614 (May 9,
2016).
Bradford White disagreed with DOE's proposed changes, stating that
moving the inlet and outlet water valves closer to the unit being
tested would not provide more accurate test results. Bradford White
also expressed concern with the depiction of the pressure relief valve
outside the outlet water valve in DOE's proposal. (Bradford White, No.
21 at p. 11)
As discussed in section III.H.3, DOE received several comments from
stakeholders on its proposal to require that testers turn off both the
supply and outlet water valves while conducting the standby loss test
for instantaneous water heaters and hot water supply boilers (including
flow-activated instantaneous water heaters). In summary, after
considering those comments DOE has decided to not adopt the proposed
requirement to turn off the supply water valve during the standby loss
test to address concerns expressed by stakeholders about safety and
thermal expansion of the water inside the water heater. As a result of
this decision, DOE will not require the supply water valve to be placed
at a distance of 5 inches away from the water heater jacket. With
regards to the outlet water valve, DOE believes there is merit in
placing the valve close to the unit and turning it off during the
standby loss test. Locating the outlet water valve close to the unit
would prevent the outlet water from mixing with water in the downstream
water piping and thereby reduce heat lost from mixing with water
contained in the piping, which DOE believes will result in a more
repeatable test since the distance of piping before the valve (and
therefore the volume of water in the piping) would be consistent across
tests. DOE also believes that installing the outlet water valve close
to the unit and turning it off during test will more accurately account
for the standby loss of the unit, as it would reduce the effect of
piping losses during the test. Therefore, while DOE agrees with not
requiring the supply water valve to be placed close to the unit, DOE
has decided to adopt provisions for placing the outlet water valve
close to the water heater. In section III.I.1of this final rule, based
on the comments received, DOE decided to permit instantaneous water
heaters and hot water supply boilers to be set up as per Figure III.1,
Figure III.2, and Figure III.3 (as applicable) for conducting the
thermal efficiency and standby loss test (see section 2.2 of Appendix C
to Subpart G and section 2.2 of Appendix D to Subpart G). As a result
of this amendment, the water heaters would be required to be installed
with heat traps in the inlet and outlet water piping connected to the
water heater. Due to the inclusion of heat traps in the outlet water
piping, installing a valve at a distance of 10 inches from the outlet
water connection would not be required, as the heat trap would restrict
the convective movement of hot water from the water heater. As a
result, DOE is requiring the installation of the outlet water valve
downstream of the outlet water heat trap, within a distance of 10
inches downstream from the outlet water temperature sensor placed at
the second elbow from the water heater in the outlet water piping.
These amendments to the location of the outlet water valve are depicted
in the test set ups in Figure III.1, Figure III.2, Figure III.3, and
Figure III.4 of this final rule.
To address Bradford White's concern regarding the pressure relief
valve being installed downstream from the outlet water valve, DOE is
adding provisions in the test procedure that the pressure relief valve
must be installed between the outlet water valve and the water heater.
Figure III.4 of this final rule that shows the set-up for testing
instantaneous water heaters and hot water supply boilers depicts the
pressure relief valve between the outlet water valve and the water
heater being tested.
4. Additional Comments
In addition to comments related to the test set-up, DOE also
received comments about measuring the gas line temperature as indicated
by temperature probe T4 in Figure III.4 of the May 2016 NOPR
for instantaneous water heaters and hot water supply boilers. DOE
received comments from Raypak and Rheem stating that the T4
is generally part of the gas meter or otherwise must be measured at the
gas meter and not elsewhere in the gas line. (Raypak, No. 28 at p. 3;
Rheem, No. 34 at p. 17) Raypak commented that most of the thermocouples
used to measure the temperature in the gas line are actually mounted in
the gas meter and recommended indicating the location of the
temperature sensor in the gas meter itself, located in the gas
connection in Figure III.4 in the May 2016 NOPR. (Public Meeting
Transcript, No. 20 at p. 88)
DOE agrees with the comments on the gas temperature measurement and
has modified the test set-up to have the gas temperature measured at
the gas meter. DOE concludes that this clarification is consistent with
ANSI Z21.10.3-2015.
Rheem sought clarification on using a radiation shield for
temperature probes. (Rheem, No. 34 at p. 17) A radiation shield is
generally applied on a temperature probe to prevent potential radiative
heat transfer from the hot surfaces that are close to or in direct
contact with the burner flame to the temperature probe. If a probe is
located in the vicinity of a surface at a very high temperature, then
there could be some
[[Page 79300]]
heat transferred from the hot surface to the temperature probe in the
form of radiation. This would lead to an inaccurate representation of
the temperature that the probe is intended to measure. Therefore, in
experimental tests, it is typical to use a radiation shield to protect
against unwanted radiation and to provide a more accurate measurement
of the temperature that is intended to be measured. DOE's current test
procedure requires using a radiation shield for temperature sensors
used to measure the ambient temperature. In this final rule, DOE is
also adopting the use of radiation shield(s) to measure the test air
temperature. DOE concludes that these changes are consistent with ANSI
Z21.10.3-2015.
5. Test Set-Up for Instantaneous Water Heaters and Hot Water Supply
Boilers
As initially discussed in section III.I.1, AHRI recommended that
DOE require an instantaneous water heater to be tested using the test
set-up in Figures 1, 2, and 3 proposed for storage water heaters in the
May 2016 NOPR (see 81 FR 28588, 28599-28600). (AHRI, No. 26 at p. 10)
After considering this and all of the other comments related to the
test set-up for instantaneous water heaters and hot water supply
boilers, DOE has decided to allow the use of the same piping
configuration adopted for storage water heaters to be used for testing
instantaneous water heaters and hot water supply boilers that do not
require a recirculating loop. As a result, the piping arrangements in
Figure III.1, Figure III.2, and Figure III.3 adopted in this final rule
(see section III.C) are also applicable to instantaneous water heaters
and hot water supply boilers that do not require a recirculating loop
for testing. Although the same piping arrangements are being adopted
for instantaneous water heaters and hot water supply boilers, there are
some variations in the setup needed to accommodate testing of
instantaneous water heaters and hot water supply boilers. Specifically,
instantaneous water heaters and hot water supply boilers require the
addition of an outlet water valve and the inclusion of an additional
temperature sensor to measure the heat exchanger outlet water
temperature. Figure III.1, Figure III.2, and Figure III.3 show the test
setup for gas-fired and oil-fired storage water heaters and storage-
type instantaneous water heaters, and are generally applicable to
electric storage and storage-type instantaneous water heaters and to
instantaneous water heaters and hot water supply boilers (that are not
tested with a recirculating loop), with the exceptions that an outlet
water valve and heat exchanger outlet temperature sensor are present.
In this final rule, for clarity, DOE is adopting separate figures
within each appendix, with the slight variations to outlet valve and
temperature sensors discussed herein.
In addition, for instantaneous water heaters and hot water supply
boilers, DOE is adopting Figure III.4, which must be used for the
installation of the recirculating loop to conduct the thermal
efficiency and standby loss test (as applicable).
[GRAPHIC] [TIFF OMITTED] TR10NO16.007
[[Page 79301]]
J. Test Procedure for Rating Commercial Heat Pump Water Heaters
In the May 2016 NOPR, DOE proposed definitions and test procedures
for CHPWHs. 81 FR 28588, 28617-28622 (May 9, 2016). The comments
received on DOE's proposals for CHPWH are discussed in the following
sections.
1. Definitions of CHPWH
In the May 2016 NOPR, DOE proposed a definition for ``commercial
heat pump water heater'' and associated definitions for ``air-source
commercial heat pump water heater,'' ``direct geo-exchange commercial
heat pump water heater,'' ``ground water-source commercial heat pump
water heater,'' and ``indoor water-source commercial heat pump water
heater.'' 81 FR 28588, 28617-28619 (May 9, 2016).
In response, CA IOUs, Bradford White, NEEA, and EEI expressed
support for the proposed definition of CHPWH. (CA IOUs, No. 23 at p. 2;
Bradford White, No. 21 at p. 11; NEEA, No. 30 at p. 1; and EEI, No. 29
at p. 3) CA IOUs added that the proposed definition of CHPWH accurately
categorizes the equipment and is similar to the definition used by AHRI
in AHRI Standard 1300, ``2013 Standard for Performance Rating of
Commercial Heat Pump Water Heaters'' (AHRI 1300-2013), and that the
definitions for proposed categories for CHPWH add more clarity. (CA
IOUs, No. 23 at p. 2)
DOE also received comments recommending several modifications to
the definitions related to CHPWH. AHRI stated that the proposed
definitions for CHPWH, air-source CHPWH, direct geo-exchange CHPWH, and
water-source CHPWH are inconsistent with the definitions in AHRI 1300-
2013 and ASHRAE 118.1, because the proposed definition for CHPWH does
not include ancillary equipment and the proposed 12 kW threshold
excludes CHPWH units that are intended to deliver hot water above
180[emsp14][deg]F, but have lower inputs. Further, AHRI argued that DOE
has: (1) Added language for defining direct geo-exchange CHPWH; (2)
split the water-source CHPWH definition into two parts (i.e., ground
water and indoor water); and (3) changed ``indoor or outdoor air'' to
``surrounding air'' for air-source CHPWH. Finally, AHRI stated that the
definitions in AHRI 1300 and ASHRAE 118.1 were developed through
consultations with industry experts and stakeholders; AHRI recommended
maintaining consistency with the industry test standards. (AHRI, No. 26
at p. 14) Rheem commented that 12 kW threshold for commercial
classification of heat pump water heaters does not adequately identify
the source of the power input and does not account for total power
consumption for hybrid heating technology used exclusively or in
conjunction with electric resistive heating elements. Rheem stated that
the 12 kW threshold is a good indicator for power consumption by
electric resistance water heaters but is not applicable to models that
use only heat pump technology and argued that the physical size of a
compressor to with 12 kW of input power to heat the water would be too
large and physically impossible to fit in the current CHPWH systems.
Rheem recommended that a water heater with heat pump technology be
classified as commercial equipment if the compressor uses between 7 and
10 amps of electric current or more than 12 kW of input power for
electric resistance heating. Rheem also commented on the proposed
definition of air-source CHPWH, suggesting that it does not
differentiate between the sources of surrounding air and does not
account for ducted air flow. (Rheem, No. 34 at p. 18) The Joint
Advocates stated that the definition of ground-water source CHPWH is
potentially confusing and inconsistent with the nomenclature used in
the ground-source heat pump industry. According to the Joint Advocates,
the definition of ground-source CHPWHs is commonly understood to
include both direct geo-exchange and ground water-source CHPWHs. The
Joint Advocates recommended that DOE either adopt definitions listed in
ASHRAE's Geothermal Heating and Cooling: Design of Ground-Source Heat
Pump Systems (GSHP) \16\, or divide ground-source CHPWH into three sub-
categories: (1) Closed-loop systems that extract heat from the ground
by circulating water or anti-freeze; (2) open-loop systems that extract
heat from water pumped from a well or surface pond; and (3) direct
expansion systems that circulate refrigerant in closed-loops to extract
heat directly from the ground. (Joint Advocates, No. 32, at p. 3)
Earthlinked Technologies also questioned why ground-source closed-loop
CHPWHs (which use the test procedure for water-source CHPWH, but are
rated to a different evaporator entering water temperature in ASHRAE
118.1-2012) are not included in DOE's categorizations of CHPWH.
(Earthlinked, No. 37 at p. 3) Earthlinked Technologies also suggested
modifying the proposed definition for CHPWH to include additional
provisions for the type of power supplied to the unit. Specifically,
the commenters suggest that proposed definition must encompass all
units with minimum 12 kW power supply (which is included in the
proposed definition) and a minimum rated current condition of >24 A
with single phase power supply; a maximum voltage condition of not
greater than 250V; and all units with three phase power supply as rated
input. (Earthlinked, No. 37 at pp. 1-2)
---------------------------------------------------------------------------
\16\ ASHRAE's Geothermal Heating and Cooling: Design of Ground-
Source Heat Pump Systems, can be purchased from: https://www.ashrae.org/resources--publications/bookstore/geothermal-heating-and-cooling-design-of-ground-source-heat-pump-systems.
---------------------------------------------------------------------------
DOE's proposed definition for CHPWH includes the term ``low
temperature heat source,'' and EEI suggested modifying the word ``low''
to ``lower'' and further recommended that, when DOE decides to
prescribe energy conservation standards for CHPWHs, the standards
should be different from those prescribed for commercial electric
resistance storage water heaters and commercial electric resistance
instantaneous water heaters. (EEI, No. 29 at p. 3) NEEA recommended
expanding the definition of CHPWH to include gas absorption heat pump
water heaters. (NEEA, No. 20 at p. 2)
DOE reviewed all comments received in response to this issue and,
after careful consideration, is adopting the definitions for direct
geo-exchange CHPWH, ground water-source CHPWH, and indoor water-source
CHPWH as proposed in the May 2016 NOPR. For the definition for CHPWH,
DOE is incorporating additional language regarding ``ancillary
equipment'' as suggested by AHRI, so as to make the definition
consistent with the definition of that term in ASHRAE 118.1-2012. For
similar reasons, for air-source CHPWH, DOE replaces ``surrounding air''
with ``indoor or outdoor air.'' DOE believes that the definitions of
CHPWH and its categories sufficiently represent the kinds of CHPWH
available on the market. DOE considered NEEA's suggestion to expand the
definitions to include those CHPWH with gas absorption technology, but
has not identified any equipment commercially available on the market
that utilizes gas-fired absorption technology for heating potable
water. Therefore, in this final rule, the definitions are limited to
include electrically operated heat pump technology.
With regard to the threshold for commercial equipment, DOE notes
that EPCA classifies electric water heaters with less than 12 kW rated
electrical input as consumer water heaters (42 U.S.C. 6291(27)), and
that a heat pump water heater with a rated input of less than 12 kW
would, therefore, be a
[[Page 79302]]
consumer water heater. The 12 kW limitation refers to the total
electrical power input to the heat pump water heater which could either
be only the input to the heat pump if no backup electric resistance
elements are present, or a combination of heat pump technology and
electric resistance elements. DOE does not agree with Rheem and
Earthlinked Technologies' comments on adopting additional power supply
specifications (such as electrical current range for the compressor or
voltage and phase requirements) to differentiate commercial heat pump
water heaters from residential heat pump water heaters. The suggested
range of 7 to 10 amps in Rheem's comments could result in a heat pump
water heater with less than 12 kW being classified as commercial
equipment, which would be contrary to EPCA's definitions. Thus, the
most appropriate parameter that accounts for both the electric current
and voltage in a single term is the electrical power input.
Regarding comments from the Joint Advocates and Earthlinked
Technologies on ground-source closed-loop CHPWH, DOE agrees that such
systems are a category of water-source CHPWH that are different from
ground water-source CHPWH in the manner that they extract heat from the
earth. As the name indicates, a ground-source closed-loop CHPWH uses a
closed water loop to extract heat from the earth and transfer it to the
CHPWH unit. This is different from a ground water-source CHPWH that
uses an open water loop system, where the unit pulls in water from a
lake or a pond and uses it as a heat source. Considering the
differences between the CHPWH systems, DOE agrees that ground-source
closed-loop CHPWH must be rated at conditions different from both,
ground and indoor water-source CHPWHs.\17\ Therefore, in this final
rule, DOE adopts separate rating conditions and definitions for ground-
source closed-loop CHPWHs as sub-categories of water-source CHPWHs. DOE
disagrees with comments from Joint Advocates of combining the ground-
source closed-loop CHPWH, ground water-source CHPWH and direct geo-
exchange CHPWH into a single category. DOE notes that ground-source
closed-loop CHPWH and ground water-source CHPWH, both use water as a
medium to extract heat from the ground or a water body. Direct-geo-
exchange CHPWHs, extract heat directly from the earth from refrigerant
tubing, which is embedded inside the ground. Therefore, ground water-
source CHPWH and ground-source closed-loop CHPWH must be grouped
together under water-source CHPWH, while direct-geo-exchange CHPWH must
be under a separate category. These definitions and categories are same
as those in ASHRAE 118.1-2012, align with DOE's categorization of test
procedures adopted in this final rule, and are consistent with the
industry test standards. Combining the ground water-source CHPWH and
direct geo-exchange into one category, as suggested by the Joint
Advocates, may result in confusion as to the applicable rating
conditions and corresponding test procedure. Therefore, DOE is
retaining this aspect of the proposed definitions.
---------------------------------------------------------------------------
\17\ For more information on ground-source closed-loop CHPWH and
ground water-source CHPWH, see https://energy.gov/energysaver/geothermal-heat-pumps.
---------------------------------------------------------------------------
In response to AHRI's comment that DOE has added language for
defining direct geo-exchange CHPWH, DOE notes that AHRI 1300-2013
defines a direct geo-exchange commercial heat pump water heater as a
commercial heat pump water heater ``that utilizes the earth as the heat
source,'' while DOE's proposed definition in the May 2016 NOPR defines
the term as a commercial heat pump water heater ``that utilizes the
earth as a heat source and allows for direct exchange of heat between
the earth and the refrigerant in the evaporator coils.'' DOE believes
that the additional language further clarifies the types of models that
qualify as direct geo-exchange commercial heat pump water heaters. The
definition adopted for CHPWH and associated definitions for the kinds
of CHPWH are contained in the regulatory text at the end of this final
rule.
2. Test Procedure for CHPWH
In the May 2016 NOPR, DOE proposed a test method for CHPWH that
would incorporate by reference an industry test method, ASHRAE 118.1-
2012, but with modifications to adopt rating conditions in another
industry test method, AHRI 1300-2013. (Note, that AHRI 1300-2013
references ASHRAE 118.1-2012 for specifying the actual conduct of the
test, but specifies different rating conditions than those specified by
ASHRAE 118.1-2012.) 81 FR 28588, 28617-28622 (May 9, 2016). In this
final rule DOE is incorporating by reference certain sections, figures,
and tables from ASHRAE 118.1-2012 in its test procedure for CHPWHs, as
discussed in the following sections.
ASHRAE 118.1-2012 classifies CHPWHs into two types, with a separate
test method for each: (1) ``Type IV''--equipment that can be operated
without requiring a connection to a storage tank; and (2) ``Type V''--
equipment that includes an integral storage tank or requires connection
to a storage tank for operation. The test procedure in ASHRAE 118.1-
2012 for Type V equipment requires units to be connected to a tank that
is either supplied by the manufacturer along with the unit or is
specified by the manufacturer, while the test procedure in ASHRAE
118.1-2012 for Type IV equipment does not require connection to a tank.
After reviewing product literature, DOE noted that most of CHPWH
available on the market are Type V equipment in that they require
connection to a storage tank for operation. However, manufacturers of
such CHPWH typically neither supply nor specify a storage tank
appropriate for that equipment. ASHRAE 118.1-2012 does not include a
test method for Type V units for which an appropriate tank is neither
supplied nor specified by the manufacturer. After considering several
options, DOE ultimately proposed in the May 2016 NOPR to utilize a
method similar to the test method for Type IV equipment for all CHPWH.
81 FR 28617-28622 (May 9, 2016). As noted above, DOE also proposed to
use the rating conditions specified by AHRI 1300-2013. AHRI 1300-2013
contains multiple rating conditions, so DOE selected those it believed
to be most representative of conditions encountered in the field during
actual use. In addition, DOE also received comments from AHRI
recommending a specific set of rating conditions that are also listed
in AHRI 1300-2013. In reviewing the market, DOE noted that some CHPWH
are capable of achieving various temperature rises based on the
intended application. As a result, DOE proposed that air-source CHPWH
be tested with a supply water temperature of 70[emsp14][deg]F and, if
the tested model is unable to achieve the required outlet water
temperature condition, that the supply water temperature be changed to
110[emsp14][deg]F.
Rheem commented that ASHRAE 118.1-2012 is sufficient as a testing
standard to represent the performance of CHPWH and recommended adopting
the testing standard in full. Rheem also stated that DOE's proposed
deviations and additions to ASHRAE 118.1-2012 are too burdensome to
implement, and that the only exception to the ASHRAE 118.1-2012 testing
standard that it supports is to specify the requirements in AHRI 1300-
2013 for CHPWH that can operate with multiple voltages. AHRI 1300-2013
requires such units to be tested at the lowest voltage specified on the
nameplate and specifies that, at the manufacturer's option, the test
may be
[[Page 79303]]
repeated at a higher voltage. (Rheem, No. 34 at pp. 18-19)
AHRI recommended that the entering water temperature for air-source
CHPWH be maintained at 110[emsp14][deg]F to remain consistent with all
other categories of CHPWH and allow a basis for comparison of different
categories of CHPWH. AHRI argued that the NOPR acknowledges that a test
conducted with an inlet water temperature of 70[emsp14][deg]F and
110[emsp14][deg]F will provide the same results. (AHRI, No. 26 at p.
12) CA IOUs also argued against adopting two inlet water temperatures
for air-source CHPWHs, stating that having two temperatures would
result in some equipment with a lower efficiency being tested to a less
stringent rating condition. (CA IOUs, No. 23 at p. 4) Earthlinked
Technologies also commented on this issue stating that rating certain
air-source CHPWHs with an entering water temperature of
70[emsp14][deg]F while testing all other CHPWHs (including CHPWHs that
are not air-source) with an entering water temperature of
110[emsp14][deg]F would not provide a fair comparison between products
and prevent contractors from helping customers make informed decisions.
The commenters suggest using 110[emsp14][deg]F as the single entering
water temperature rating condition for all CHPWH equipment, which is
also in line with the AHRI-recommended rating conditions. (Earthlinked,
No. 37 at p. 2)
The Joint Advocates questioned whether requiring testing without a
specified storage tank would create an inherent disadvantage for self-
contained units with integrated tanks. The Joint Advocates recommended
that instead, DOE should require the CHPWH to be paired with a storage
tank with a volume proportional to the steady-state heating output of
the CHPWH. The Joint Advocates stated that this would ensure
consistency between CHPWH with integrated and non-integrated storage
tanks. (Joint Advocates, No. 32 at p. 3) NEEA commented that DOE
proposed separate test procedures for air, water, and direct geo-
exchange CHPWH but did not specify a test procedure or test conditions
for self-contained versus remote air condensers. (NEEA, No. 30 at p. 2)
EEI agreed with the use of ASHRAE 118.1-2012, which was developed
through ASHRAE's standards development processes which uses a consensus
based approach. (EEI, No. 29 at p. 3) CA IOUs commented in support of
establishing separate test procedures for different categories of CHPWH
based on ASHRAE 118.1-2012 and AHRI 1300-2013. With regard to the
rating conditions for air-source CHPWH, CA IOUs stated that the rating
condition of 80.6[emsp14][deg]F dry-bulb temperature and
71.2[emsp14][deg]F wet-bulb temperature may be too warm for CHPWH, and
recommended using a temperature that is higher than 50[emsp14][deg]F
dry-bulb temperature and 44.3[emsp14][deg]F wet-bulb temperature, but
lower than the proposed rating condition. CA IOUs also recommended
reviewing the study titled, West Village Community: Quality Management
Processes and Preliminary Heat Pump Water Heater Performance, completed
by Davis Energy Group for NREL as a starting point to establish rating
conditions.\18\ (CA IOUs, No. 23 at p. 3)
---------------------------------------------------------------------------
\18\ https://apps1.eere.energy.gov/buildings/publications/pdfs/building_america/west_village_hpwh.pdf.
---------------------------------------------------------------------------
In response to these comments, DOE notes that the test procedure
proposed for air-source CHPWH is based on investigative testing that
was carried out as part of the preparation of the May 2016 NOPR, the
results of which are discussed in extensive detail in that document.
Based on the test results, DOE noticed that several CHPWH models may be
designed to achieve a lower temperature rise (from 110[emsp14][deg]F
supply water temperature to 120[emsp14][deg]F outlet water
temperature), while some models may be able to achieve a higher
temperature rise (from 70[emsp14][deg]F supply water temperature to
120[emsp14][deg]F outlet water temperature), depending on the intended
application. If DOE were to adopt a supply water temperature of
110[emsp14][deg]F for all air-source CHPWH, then there would be some
air-source CHPWH units on the market that would not be able to achieve
the required outlet water temperature condition (120[emsp14][deg]F
5[emsp14][deg]F), as DOE observed during its investigative
testing. By allowing different supply water temperature conditions
based on the capabilities of a CHPWH, the test procedure will be
capable of testing all kinds of air-source CHPWH units currently
available on the market. Therefore, in this final rule, DOE retains the
additional proposed provisions for air-source CHPWH, i.e., to require
units to be tested with a supply water temperature of 70[emsp14][deg]F,
and use supply water at 110[emsp14][deg]F only if the unit is unable to
meet the required outlet water temperature conditions at
70[emsp14][deg]F.
In response to the comments on the evaporator entering air rating
conditions being too high for CHPWH, DOE notes that these conditions
are included in the industry-accepted test standard AHRI 1300-2013, and
are also similar to the rating conditions specified in another
industry-accepted testing standard, ASHRAE 118.1-2012 (80[emsp14][deg]F
dry-bulb temperature and 67[emsp14][deg]F wet-bulb temperature). In
addition, DOE conducted tests using the proposed evaporator entering
air rating conditions and found that all the tested air-source CHPWH
units were able to operate under these ambient conditions. DOE explored
lower entering air temperatures and discovered that certain CHPWH
models do not operate at low ambient temperatures, and would not
operate at lower entering air temperatures. Therefore, in order to have
a test method that is both representative and that can be used for all
types of CHPWH currently on the market, DOE is adopting the rating
conditions for evaporator entering air temperature that were proposed
in the May 2016 NOPR.
DOE also considered comments received from the Joint Advocates
about the comparison of CHPWH models with and without an integral
storage tank, and whether requiring testing without requiring a storage
tank would be a disadvantage for CHPWH units that are equipped with an
integral storage tank. As discussed in the May 2016 NOPR, DOE proposed
that CHPWHs that are intended to be operated in-field with a separately
attached storage tank must be tested using a test procedure similar to
that prescribed for Type IV equipment in ASHRAE 118.1-2012, which does
not require a storage tank. DOE generally agrees that COPh
ratings of two CHPWH units, one equipped with an integral storage tank
and the other not equipped with an integral storage tank, both tested
using DOE's proposed test procedure, may be different from each other.
DOE does not see this difference as an advantage of one unit over the
other because of the test procedure, but rather as a fundamental
difference between the designs and operational characteristics of
different CHPWH units. Further, DOE noted in the May 2016 NOPR that
adding a separate storage tank to test a Type IV CHPWH would be an
incorrect representation of the efficiency ratings of the unit itself
and would include the losses in the external tank. For CHPWHs equipped
with a storage tank, the tank is an integral component of the CHPWH as
packaged and shipped by the manufacturer. Therefore, any losses in
performance due to the inclusion of the tank must be included as part
of the efficiency ratings of such CHPWHs. DOE is not aware of any
commercial heat pump water heaters with an integrated storage tank
currently available on the market. In addition, DOE still has concerns
regarding specifying the characteristics of the storage tank with which
the CHPWH would be tested. The Joint Advocates suggest pairing CHPWH
with a storage tank with a volume proportional to the
[[Page 79304]]
steady-state heating output of the CHPWH, but this does not address the
other characteristics of the tank that can affect efficiency and
operation, such as the insulation thickness, number of ports, and tank
aspect ratio. Based on the foregoing, DOE has decided to continue to
require testing without attaching an external tank for CHPWHs that are
not integrated with a storage tank. For CHPWH models equipped with an
integral storage tank, DOE adds clarifying provisions to the test
procedure for CHPWHs proposed in the May 2016 NOPR, which is based on
the test procedure in ASHRAE 118.1-2012 for Type IV equipment. These
added provisions incorporate by reference certain sections applicable
to the test procedure for Type V equipment in ASHRAE 118.1-2012. DOE is
adding these provisions to better represent the field energy use and
installation requirements for CHPWHs equipped with an integral storage
tank. Specifically, in addition to the sections included in DOE's
proposed test procedure, DOE has decided to incorporate by reference
sections 7.3.1 (pertaining to setting up of temperature sensors inside
the tank), 7.7.8 (pertaining to input requirements of water-heating
mode test), and 8.7.1 (pertaining to setting the storage tank
thermostats) of ASHRAE 118.1-2012, with the exception that the
provisions will only apply to Type V equipment that is equipped with an
integral storage tank. Further, DOE has also decided to incorporate by
reference Figures 6, 7, and 8, which pertain to the test set-up of Type
V equipment in ASHRAE 118.1-2012.
As suggested by Rheem, DOE considered adopting the provision in
AHRI 1300-2013 for CHPWHs that are capable of operating at multiple
voltages, which is not included in ASHRAE 118.1-2012. DOE agrees with
the comment and has decided to include provisions that require CHPWHs
that can operate at multiple voltages to be tested and rated at the
lowest rated voltage. The test procedure adopted for CHPWH in this
final rule is included in appendix E to subpart G of part 431 in the
regulatory text.
Finally, in response to Rheem's assertion that the deviations and
additions to ASHRAE 118.1-2012 proposed in the May 2016 NOPR are too
burdensome to implement, DOE notes that the procedures adopted by this
final rule incorporate by reference various sections of ASHRAE 118.1-
2012 and are largely based on that procedure. Thus, DOE does not
believe that the test method adopted in this final rule is
significantly more burdensome than ASHRAE 118.1-2012, which Rheem
recommended that DOE adopt.
As discussed in section III.J.1, DOE is adopting separate
definitions for ground-source closed-loop CHPWHs. In light of these
changes, DOE also adds separate rating conditions for ground-source
closed-loop CHPWH, which are the same as those specified in Table B-3
of ASHRAE 118.1-2012 and require an evaporator entering water
temperature of 32[emsp14][deg]F. To achieve sub-freezing temperatures
required for such units, DOE also adds requirements that the evaporator
entering water be mixed with 15-percent methanol by-weight. The test
procedure used to rate such units is the same test procedure adopted in
this final rule for water-source CHPWHs. The rating condition for
condenser water supply temperature in maintained 110[emsp14][deg]F,
which is the same for all other water-source CHPWH units.
K. Gas Pressure
In the May 2016 NOPR, DOE included proposed requirements for gas
pressure in its proposed test procedures for gas-fired and oil-fired
CWH equipment. 81 FR 28588, 28641, 28646, 28651 (May 9, 2016). In its
proposal, DOE included requirements that the outlet pressure of the gas
appliance regulator be within the range specified by the manufacturer.
In response to the May 2016 NOPR, Bradford White and AHRI commented
that the proposed term ``outlet pressure'' should be changed to ``gas
supply pressure'' because manufacturers specify a range for gas supply
pressure, but only a single value for gas outlet pressure. (Bradford
White, No. 21 at p. 21; AHRI, No. 26 at p. 6)
DOE acknowledges that manufacturers specify a range for gas supply
pressure and a single value for gas outlet pressure, as required for
certification to ANSI Z21.10.3-2015. Therefore, in this final rule, DOE
is adopting requirements regarding both gas supply pressure and gas
outlet pressure for gas-fired CWH equipment. First, DOE is requiring
that gas supply pressure must be within the range specified by the
manufacturer. This requirement was suggested by Bradford White and
AHRI, and is consistent with the requirements for nameplate ratings
included in ANSI Z21.10.3-2015. Regarding gas outlet pressure, after an
assessment of manufacturer literature for models currently on the
market, DOE notes that the gas outlet pressure specified by the
manufacturer is often a very low value (e.g., 0.0 inches water column
(in. w.c.) or 0.05 in. w.c.) for models that include a premix burner.
DOE believes that achieving and measuring a gas pressure value within
10 percent of such a low value would be difficult given
the typical accuracy of gas pressure measurement devices (i.e., the
accuracy for gas pressure measurement included in ASHRAE 118.1-2012 is
0.1 in. w.c.). Therefore, DOE will also require that the
difference between the outlet pressure of the gas appliance pressure
regulator and the value specified by the manufacturer on the nameplate
of the unit being tested must not exceed the greater of:
10 percent of the nameplate value or 0.2 in. w.c.
DOE is adopting a gas outlet pressure requirement to maintain
consistency with ANSI Z21.10.3 (both the 2011 version that is currently
incorporated by reference and the 2015 version that is being
incorporated by reference by this final rule), and, therefore, DOE's
existing test procedure. While a provision for an absolute tolerance
(i.e., 0.2 in. w.c.) is not included in ANSI Z21.10.3-
2015, DOE believes that this tolerance is warranted given that many
units on the market have low rated gas outlet pressure values. DOE
notes that the addition of this absolute tolerance renders this gas
outlet pressure requirement more lenient than the requirement included
in both DOE's current test procedure and ANSI Z21.10.3-2015; therefore,
this adopted requirement for gas outlet pressure will not result in any
additional test burden for manufacturers.
L. Fuel Input Rate
In DOE's existing regulations, equipment classes and the standards
that apply to them are determined, in part, by the input capacity of
the CWH equipment. However, several terms are used in the existing DOE
test procedures and energy conservation standards to describe the input
capacity of the CWH equipment, each of which is derived from the
maximum rated fuel input rate of the CWH equipment. To standardize
terminology throughout its regulations for CWH equipment, in the May
2016 NOPR, DOE proposed to define the term ``fuel input rate'' as the
maximum rate at which gas-fired or oil-fired CWH equipment consumes
energy during a given test, and to use the term ``fuel input rate'' in
its test procedures for CWH equipment. 81 FR 28588, 28622 (May 9,
2016).
1. Certification Provisions
DOE proposed using the term ``fuel input rate'' in the division of
equipment classes and proposed applicable testing provisions to
determine the fuel input rate. DOE's proposal would have required
manufacturers to measure the fuel input rate during certification
[[Page 79305]]
testing and use the mean of the measured values, after applying the
applicable rounding provisions, in certification reports pursuant to 10
CFR 429.44(c)(2).
DOE also proposed including equations for determining the fuel
input rate in its test procedures for gas-fired and oil-fired CWH
equipment. DOE proposed including Equations C2 and C3 from section
C7.2.3 of AHRI 1500-2015 in its test procedures for calculation of fuel
input rate for gas-fired and oil-fired CWH equipment, respectively. DOE
also proposed that the fuel input rate be determined by measuring fuel
consumption at 3 consecutive 10-minute intervals during the 30-minute
thermal efficiency test. The overall fuel input rate for the thermal
efficiency test would be calculated using the fuel consumption over the
entire 30-minute test. DOE proposed that during the thermal efficiency
test, the measured fuel input rate must not vary by more than 2 percent between 10-minute interval readings.
CA IOUs agreed with DOE's proposed definitions and provisions
regarding fuel input rate. (CA IOUs, No. 23 at p. 2) However, several
commenters disagreed with DOE's proposal that the certified fuel input
rate be based on the mean of measured values obtained during efficiency
testing. (Bock, No. 19 at p. 2; Bradford White, No. 21 at p. 12; AHRI,
No. 26 at pp. 1-3; A. O. Smith, No. 27 at pp. 9-10; Raypak, No. 28 at
pp. 4-5; Rinnai, No. 31 at p. 2; Rheem, No. 34 at pp. 12-13) Instead,
these commenters suggested that the certified input rate should be a
fixed value rather than a value that could vary from test to test and
that the input rate is determined as part of the model's safety
certification testing. Bradford White, AHRI, and A. O. Smith further
stated that there is no confusion in the industry regarding fuel input
rate terminology and that DOE's proposed fuel input rate regulations
would harm the industry. (Bradford White, No. 21 at p. 9; AHRI, No. 26
at p. 2; A. O. Smith, No. 27 at p. 10) AHRI stated that DOE's proposal
would mean that every unit of a model would have a unique input rating,
and that a model would no longer have a single input rating. (AHRI, No.
26 at p. 2) AHRI and Rheem further argued that DOE's proposal would
create a distinction without a difference--comparable models capable of
meeting the same design load would be rated with slightly different
input rates. (AHRI, No. 26 at p. 3; Rheem, No. 34 at pp. 12-13)
AHRI and A. O. Smith stated that the maximum input rate is
determined as part of the safety certification process, that this
process occurs before efficiency testing, and that the safety
certification agency requires that the maximum input capacity be
certified as the rated input on the nameplate. AHRI and A. O. Smith
stated that a manufacturer's first requirement is to design a model
that will comply with all the safety standards and codes applicable to
that model, and that part of this design phase is establishing the
maximum input rate of the water heater. AHRI and A. O. Smith further
argued that manufacturers do not conduct efficiency tests until they
are certain of the model's compliance with the applicable safety
requirements and, therefore, cannot wait until efficiency tests are
conducted to determine the rated input. AHRI and A. O. Smith also
commented that DOE's proposal would create an illogical situation where
the manufacturer does not know what test to conduct based on its
equipment class until after the test is conducted. (AHRI, No. 26 at pp.
1-3; A. O. Smith, No. 27 at p. 10)
Bradford White, AHRI, and A. O. Smith noted that there are several
factors that affect the firing rate of a unit during a test, including
the fuel higher heating value. (Bradford White, No. 21 at p. 12; AHRI,
No. 26 at p. 2; A. O. Smith, No. 27 at p. 9) AHRI and A. O. Smith added
that the actual higher heating value of gas delivered during testing
may vary by 7 percent around the nominal value for natural
gas, and that manufacturers must design products that have flexibility
to safely use fuels with various energy densities. (AHRI, No. 26 at p.
2; A. O. Smith, No. 27 at p. 9) Bradford White further noted that
barometric pressure, gas meter temperature, and gas meter pressure can
also affect the measured fuel input rate during a given test. (Bradford
White, No. 21 at p. 12)
AHRI commented that determination of fuel input rate during the
thermal efficiency test is unnecessary. (AHRI, No. 26 at p. 10) AHRI
and A. O. Smith stated that the rate at which fuel is consumed does not
matter, and that measurement of fuel consumed and amount of energy
delivered as heated water would reflect any variation in input rate
during the test. (AHRI, No. 26 at p. 10; A. O. Smith, No. 27 at p. 9)
In light of comments received, DOE is not adopting its proposed
certification provisions for the fuel input rate. DOE believes the
safety certification process during the design and development of CWH
equipment models is sufficient for determining the rated input for CWH
equipment. Safety certification through industry test standards, such
as ANSI Z21.10.3-2015, typically requires that manufacturers use the
rated input for the basic model as determined through the safety
certification process, which results in the maximum rated input listed
on the nameplate and in manufacturer literature for the basic model.
DOE is adopting the term ``rated input'' to mean the maximum rate CWH
equipment is rated to use energy as specified on the nameplate, and is
adopting the term ``fuel input rate'' to mean the rate at which any
particular unit of CWH equipment consumes energy during testing.
However, DOE disagrees with AHRI and A. O. Smith that variation in
fuel input rate during the test does not affect results. The thermal
efficiency test is a steady-state test, and, consequently, all
parameters that affect efficiency should be held constant throughout
the test. Therefore, DOE is adopting its proposed requirement that the
fuel input rate be determined by measuring fuel consumption at
consecutive 10-minute intervals during the 30-minute steady-state
verification period and the 30-minute thermal efficiency test. DOE's
adopted provisions regarding the steady-state verification period and
associated requirements for establishing steady-state operation are
discussed in section III.F.1 of this final rule. The overall fuel input
rate for the thermal efficiency test will be calculated using the fuel
consumption over the entire 30-minute test, and must be within 2 percent of the rated input certified by the manufacturer.
During the thermal efficiency test and the 30-minute steady-state
verification period, the measured fuel input rates for these 10-minute
periods must not vary by more than 2 percent between any
two readings. As discussed in section III.F.1 of this final rule, DOE
does not expect its requirements for measuring fuel input rate during
the steady-state verification period and thermal efficiency test to
impose a significant burden on manufacturers.
DOE is adopting the equations for calculation of fuel input rate
that were proposed in the May 2016 NOPR and are based on equations
included in AHRI 1500-2015 for testing of commercial packaged boilers.
DOE notes that the equations in AHRI 1500-2015 calculate input rate
using the same variables as the calculation of gas consumption in the
denominator of the equation for calculating thermal efficiency in ANSI
Z21.10.3-2015, with the addition of a time term to yield an input rate
rather than a gas consumption value. In the May 2016 NOPR, DOE proposed
adding a requirement to the DOE test procedure that values of fuel
[[Page 79306]]
input rate for each unit tested be rounded to the nearest 1,000 Btu/h.
81 FR 28588, 28622-28623 (May 9, 2016).
Bradford White, Raypak, and Rheem stated that the fuel input rate
should not be rounded to the nearest 1,000 Btu/h. (Bradford White, No.
21 at p. 12; Raypak, No. 28 at pp. 4-5; Rheem, No. 34 at p. 13) Raypak
and Rheem argued that if rounding to the nearest 1,000 Btu/h were of
value to the end user for distinguishing amongst models of CWH
equipment, then there would already be units rated with such precision
on the market. (Raypak, No. 28 at pp. 4-5; Rheem, No. 34 at p. 13)
Because DOE is not adopting its proposed regulations regarding
certification of fuel input rate, DOE is also not adopting the proposed
requirement that the certified fuel input rate be rounded to the
nearest 1,000 Btu/h.
2. Enforcement Provisions
In the May 2016 NOPR, DOE also proposed provisions regarding fuel
input rate during DOE enforcement testing. 81 FR 28588, 28623 (May 9,
2016). Specifically, DOE proposed that the overall fuel input rate for
the thermal efficiency test would be measured and compared against the
fuel input rate certified by the manufacturer. DOE proposed that if the
measured fuel input rate determined during an enforcement test is
within 2 percent of the certified value, then DOE would
use the certified value when determining the applicable equipment class
for a model. If the measured fuel input rate is not within
2 percent of the certified value, then DOE would attempt to bring the
fuel input rate to within 2 percent of the certified
value. To do so, DOE would first adjust the gas pressure within the
range allowed by the test procedure in an attempt to increase or
decrease the fuel input rate to achieve 2 percent of the
rated input certified by the manufacturer. If the fuel input rate is
still not within 2 percent of the rated input, DOE would
then attempt to modify the gas inlet orifice (e.g., drill) accordingly.
Finally, if these measures do not bring the fuel input rate to within
2 percent of the rated input, DOE would use the measured
fuel input rate when determining the equipment class. DOE proposed
these provisions to provide manufacturers with additional information
about how DOE will evaluate compliance with its energy conservation
standards for CWH equipment.
Several commenters disagreed with DOE's proposed provisions related
to fuel input rate in enforcement testing, and argued that DOE should
contact the manufacturer if unable to reach the certified input rate
during enforcement testing. (Bock, No. 19 at p. 2; Bradford White, No.
21 at p. 12; AHRI, No. 26 at p. 3; Rheem, No. 34 at p. 13) Bock further
stated that by running an efficiency test at an input rate varying by
more than 2 percent from the certified value, DOE would
essentially be testing a new model. (Bock, No. 19 at p. 2) AHRI further
argued that the enforcement provisions are unnecessary, and that AHRI
has never had any issues achieving the manufacturer-specified input
rating during testing. AHRI also asserted that a unit that cannot be
put ``on-rate'' is not representative of the model, assuming there are
no issues with the fuel supply. (AHRI, No. 26 at p. 3) Rheem further
stated that a model should not be penalized if the fuel used in DOE's
enforcement testing has a higher heating value such that the input
rating could not be achieved within 2 percent of the rated
input. (Rheem, No. 34 at p. 13) Bradford White also stated that if the
rated input cannot be achieved, there must be an underlying reason, and
that the model cannot be fairly evaluated. (Bradford White, No. 21 at
p. 12) Joint Advocates commented that DOE should use the measured fuel
input rate for all enforcement testing, while allowing for adjustment
of gas pressure. (Joint Advocates, No. 32 at p. 2)
DOE's proposed enforcement provisions regarding fuel input rate
were intended to avoid invalid tests, such that even if DOE could not
achieve a fuel input rate within 2 percent of the
certified value, a unit could still be tested and compliance with the
corresponding energy conservation standard(s) could still be
determined. DOE disagrees with AHRI's point that the enforcement
provisions for fuel input rate are unnecessary because AHRI has never
had an issue achieving the rated input. DOE attempts to ensure that it
is able to obtain a valid test result in all cases, and these
provisions provide manufacturers of notice how DOE will proceed in the
event that the test cannot achieve the rated input. DOE notes that, if
units are always shipped by manufacturers such that the rated input
2 percent can be achieved during enforcement testing, then
DOE will have no cause to apply these provisions. DOE also disagrees
with Rheem's assertion that DOE would be penalizing a model because of
the higher heating value of fuel used in DOE's enforcement testing. As
noted by A. O. Smith and AHRI, manufacturers must design products that
have flexibility to safely use fuels with various energy densities.
When issues arise during enforcement testing, such as being unable to
achieve the certified input rating, DOE evaluates the decision of
whether to proceed with testing or whether to involve the manufacturer
on a case-by-case basis. If DOE carries out a test on a unit despite
not achieving the manufacturer's rated input as part of enforcement
testing or as part of an assessment test on a model for which DOE
subsequently chooses to pursue an enforcement case, DOE would provide
the manufacturer with the test results, including the fuel input rate
and higher heating value during the test, and the manufacturer will
have an opportunity to discuss the test with the Department. DOE
disagrees that testing a unit at a fuel input rate other than the rated
input necessarily would not be representative of the model.
DOE disagrees with Joint Advocates that DOE should use the measured
fuel input rate for all enforcement testing. DOE believes that, given
unit-to-unit variation and variability in the higher heating value of
fuels as pointed out by other commenters, a 2 percent
tolerance for fuel input rate is reasonable and that, within that
tolerance, any slight deviation should not affect a CWH equipment
model's classification under DOE's equipment class structure (and as a
result affect the stringency of the applicable energy conservation
standards). Additionally, using rated input in enforcement testing if
the measured fuel input rate is within 2 percent of the
rated input allows manufacturers some flexibility in the fuel input
rate at which the individual unit may operate. This allowance may be
beneficial because, as indicated by stakeholders, the higher heating
value of gas varies based on geographic location.
Bradford White recommended that the following steps be taken in
order to adjust a model's input rate: adjust the manifold pressure,
change the gas pressure, if necessary, and modify the gas orifice(s).
(Bradford White, No. 21 at p. 12) DOE agrees with Bradford White that
adjusting the manifold pressure (i.e., gas outlet pressure) of CWH
equipment could affect the fuel input rate during testing to allow it
to be adjusted within 2 percent of the rated input, and,
therefore, DOE is adopting this step in its regulations. (DOE's
approach already encompasses Bradford White's latter suggestions.)
Raypak disagreed with DOE's proposal to modify the gas orifice when
attempting to achieve the certified fuel input rate during enforcement
testing. Specifically, Raypak argued that several of its products use
an engineered nozzle with a built-in venturi instead of a
[[Page 79307]]
simple orifice. Raypak also stated that DOE should follow
manufacturer's instructions and input regarding making adjustments to
achieve the manufacturer's rated input. (Raypak, No. 28 at p. 5)
In response to Raypak's comments, DOE notes that its proposed
language states that DOE would attempt each modification; therefore,
DOE would use its expertise and discretion as well as that of the
third-party test laboratory in attempting each modification as may be
required to achieve within 2 percent of the rated input.
Should a model use a nozzle rather than an orifice, DOE would not
attempt to drill the nozzle, as the provision clearly states that only
a gas inlet orifice would be drilled (if the unit is equipped with
one).
Therefore, DOE is adopting its proposed enforcement regulations for
fuel input rate, with the additions discussed in this section. DOE also
clarifies that the steps it is adopting that may be attempted to
achieve a fuel input rate that is 2 percent of the rated
input (e.g., varying gas pressure, modifying the gas inlet orifice)
apply only to gas-fired CWH equipment, and that DOE would not attempt
such steps for oil-fired CWH equipment.
M. Default Values for Certain Test Parameters for Commercial Water
Heating Equipment
DOE currently incorporates by reference Exhibits G.1 and G.2 of
ANSI Z21.10.3-2011 (which correspond to Annexes E.1 and E.2 of ANSI
Z21.10.3-2015) in its current test procedure for thermal efficiency and
standby loss for CWH equipment. Some of the equipment settings for
performing the test procedures as per Annex E.1 of ANSI Z21.10.3-2015
(e.g., water supply pressure, venting requirements) are required to be
specified by manufacturers. In the May 2016 NOPR, DOE proposed to
include default values for these parameters in its test procedures, to
be used if values are not specified in manufacturer literature shipped
with the unit \19\ or supplemental test information. 81 FR 28588, 28623
(May 9, 2016). Specifically, DOE proposed: (1) A default value for
maximum water supply pressure for all CWH equipment, (2) default ranges
of allowable gas supply pressure for CWH equipment powered with natural
gas and propane, (3) a default value for fuel pump pressure for oil-
fired CWH equipment, and (4) a default range for CO2 reading
for oil-fired CWH equipment. DOE determined these values from
examination of values reported for models currently on the market.
---------------------------------------------------------------------------
\19\ Manufacturer literature includes any information on
settings, installation, and operation that is shipped with the
equipment. This information can be in the form of installation and
operation manuals, settings provided on a name plate, or product-
specific literature.
---------------------------------------------------------------------------
In response to the May 2016 NOPR, Bradford White, AHRI, A. O.
Smith, and Rheem disagreed with DOE's proposal and stated that default
values are unnecessary. (Bradford White, No. 21 at p. 8; AHRI, No. 26
at p. 15; A. O. Smith, No. 27 at p. 15, Rheem, No. 34 at p. 19) AHRI
indicated that these values are always provided by the manufacturer.
(AHRI, No. 26 at p. 15) Bradford White, A. O. Smith, and Rheem stated
that these values would always be included on the nameplate as required
by ANSI certification. (Bradford White, No. 21 at p. 8; A. O. Smith,
No. 27 at p. 15, Rheem, No. 34 at p. 19) Rheem further argued that
establishing a default value for maximum water supply pressure that
differs from the maximum water supply pressure certified by some
manufacturers is invalidating the design and construction of the water
heater, and that the water supply pressure default value should be more
reflective of the particular kind of CWH equipment being tested.
(Rheem, No. 34 at p. 19)
DOE recognizes that such safety certification requires certain
parameters to be included on the nameplate of every model. ANSI
Z21.10.3-2015 requires that the maximum water supply pressure and
allowable range of gas supply pressure be included on the model
nameplate. Therefore, DOE is not adopting default values for these
parameters, because DOE believes that the nameplate for every model of
CWH equipment includes these parameters. However, ANSI Z21.10.3-2015
does not require the inclusion of oil pump pressure or CO2
reading for oil-fired CWH equipment. Additionally, the nameplates of
several models of oil-fired CWH equipment that DOE purchased for
testing did not include these parameters. Therefore, DOE believes
default values for these parameters are warranted. In this final rule,
for oil-fired CWH equipment, DOE is adopting a default value of 100
psig fuel pump pressure and a default allowable range of 9-12 percent
for CO2 reading. DOE notes that these default values were
chosen based on an assessment of values reported for models on the
market, and that DOE did not receive any specific feedback on these
values in response to the May 2016 NOPR. Additionally, these default
values would only be used if values for these parameters are not
included in any of the following: (1) Product nameplate, (2)
manufacturer literature shipped with the unit, or (3) supplemental
testing instructions, if submitted to DOE with the certification
report. These default values apply to oil-fired commercial water
heating equipment other than residential-duty commercial water heaters.
N. Certification Requirements
In the May 2016 NOPR, DOE proposed several changes to its
certification requirements for commercial water heating equipment \20\
at 10 CFR part 429. 81 FR 28588, 28635-28636 (May 9, 2016).
Specifically, DOE proposed to add two requirements to 10 CFR 429.44 for
certification of instantaneous water heaters and hot water supply
boilers. First, DOE proposed to add that manufacturers must certify
whether instantaneous water heaters or hot water supply boilers contain
submerged heat exchangers or heating elements, in order to allow for
proper classification of units under DOE's proposed definition for
``storage-type instantaneous water heater.'' Second, DOE proposed to
add that manufacturers must certify whether instantaneous water heaters
or hot water supply boilers require flow of water through the water
heater to initiate burner ignition.
---------------------------------------------------------------------------
\20\ DOE is also making an editorial change to the certification
report provisions in 10 CFR 429.44(c) for commercial water heating
equipment by replacing of the term ``water heater'' and
abbreviations of water heater (i.e., WH) with the term ``water
heating.''
---------------------------------------------------------------------------
AHRI argued that DOE's proposed certification requirements are
unnecessary given AHRI's comments on DOE's other proposals in the May
2016 NOPR. Specifically, AHRI argued that when all of AHRI's comments
are considered, six separate appendices might not be needed in the test
procedures for CWH equipment, and some of the proposed certification
requirements might not be needed for determining which test procedure
to use. (AHRI, No. 26 at p. 15) Regarding the proposed certification
requirement for classifying storage-type instantaneous water heaters,
A. O. Smith and Rheem objected to the term ``submerged heat exchanger''
being used to define storage-type instantaneous water heaters, and
Bradford White argued that the storage-type instantaneous water heater
class is unnecessary. (Bradford White, No. 19 at pp. 12-13; A. O.
Smith, No. 27 at p. 16; Rheem, No. 34 at p. 20) A. O. Smith further
commented that manufacturers should also certify whether a water heater
is activated by a remote control or sensor, and if present, the default
[[Page 79308]]
duration of the off delay for any integral pump off delay switch. (A.
O. Smith, No. 27 at p. 16) Raypak commented that it generally supported
DOE's proposed changes to the certification requirements, but that DOE
should also consider: (1) Other kinds of water heaters that require
flow-through to initiate burner ignition, and (2) water heaters that
are activated by a remotely-located thermostat. (Raypak, No. 28 at p.
4)
Given the test procedure amendments DOE is adopting in this final
rule, DOE disagrees with AHRI and continues to believe that additional
certification requirements for instantaneous water heaters are
warranted. DOE's definition for ``storage-type instantaneous water
heater'' adopted in this final rule does not include the term
``submerged heat exchanger,'' to which commenters objected, and instead
includes a provision that the water heater includes a storage tank with
a storage volume greater than or equal to 10 gallons. DOE's definition
of ``storage-type instantaneous water heater'' is further discussed in
section III.G.4 of this final rule. Therefore, for the equipment class
of instantaneous water heaters with a storage volume of greater than or
equal to 10 gallons, DOE is adopting a certification requirement of
whether the water heater includes a storage tank with a storage volume
greater than or equal to 10 gallons. DOE's adopted definition for
``storage-type instantaneous water heater'' is discussed in section
III.G.4 of this final rule.
DOE agrees with the comments on flow-activated instantaneous water
heaters, specifically that the certification requirements should
identify water heaters activated by a remote temperature sensor and if
present, the default duration of the off delay for any integral pump
off delay switch. Section III.I of this final rule explains that DOE
has decided to adopt separate standby loss test procedures for
internally-activated instantaneous water heaters than for flow-
activated instantaneous water heaters and remote-sensor-based
thermostatically activated (or externally-thermostatically activated)
instantaneous water heaters. To ensure that the appropriate standby
loss test procedure was used to rate instantaneous water heaters and
hot water supply boilers, DOE is adding certification requirements to
differentiate between the two kinds of CWH equipment. In addition, DOE
is also adopting two modifications to the standby loss test procedure
for instantaneous water heaters and hot water supply boilers that
include: (1) Allowing two options for the methodology to determine the
storage volume (either a weight-based method or a calculation-based
method; see section III.H.2 for additional details); and (2) allowing a
delay in the starting of the standby loss test to account for pump
purge (see section III.H.3.e). Therefore, in this final rule, DOE
requires certification of which methodology was used to determine the
certified value for storage volume, and whether the water heater is
equipped with an integral pump purge functionality, and if so, the
default duration of the pump off delay. The certification for pump
purge functionality is only required for instantaneous water heaters
that are either flow-activated or externally-thermostatically activated
and that have a storage capacity greater than or equal to ten gallons.
O. Other Issues
Several stakeholders expressed legal, procedural, and practical
concerns regarding the amendments proposed in the May 2016 NOPR. These
comments are discussed in detail in the subsections below.
1. Timing of the Test Procedure and Energy Conservation Standards
Rulemakings
Several commenters expressed concerns regarding the timing of the
test procedure and energy conservation standards revisions for CWH
equipment, and requested that DOE delay (or suspend) its energy
conservation standards rulemaking until after the finalization of the
test procedure. (AHRI, No. 26 at p. 15; EEI, No. 29 at p. 2; Gas
Associations, No. 22 at p. 2; Raypak, No. 28 at p. 1; Bradford White,
No. 21 at p. 1) The commenters also opined that DOE has violated the
procedures established in 10 CFR part 430, subpart C, Appendix A,
Section 7(c) (which commenters referred to as the ``Process Rule''),
which states that a final test procedure will be issued prior to the
NOPR for proposed standards. (EEI, No. 29 at p. 2; Gas Associations,
No. 22 at p. 2; Raypak, No. 28 at p. 1; Bradford White, No. 21 at p. 1)
Bradford White also disagreed with DOE's assertion in the May 2016 NOPR
that it is not aware of any rules or regulations that duplicate,
overlap, or conflict with the proposed test procedure rule.
Rheem stated that it believes that the proposed definitional
changes to CWH equipment and applicable test procedure changes will
alter the efficiency ratings of CWH equipment and noted that DOE must
determine if the minimally-compliant models will continue to meet the
current energy conservation standards if the proposed test procedure
changes are finalized. Further, Rheem argued that in the May 2016 NOPR,
DOE concluded that the proposed changes would not ``significantly
alter'' the current ratings, but that the statute does not require a
``significant'' standard. (Rheem, No. 34 at pp. 3-4)
In response, DOE does not believe that the timing of the test
procedure and standards rulemakings has negatively impacted
stakeholders' ability to provide meaningful comment on this test
procedure rulemaking. The May 2016 NOPR proposed amendments to
incorporate provisions of the latest industry standard (i.e., ANSI Z21
10.3-2015), which was developed by a consensus-based ANSI process, and
was released in November 2015. The test procedures proposed in the May
2016 NOPR and adopted in this final rule either reference ANSI
Z21.10.3-2015 directly or are largely based on ANSI Z21.10.3-2015. In
the May 2016 NOPR, DOE also addressed several issues raised by
stakeholders in response to the February 2014 RFI. For example, the
standby loss test procedure for flow-activated instantaneous water
heaters adopted in this final rule was identified as an issue by AHRI
in response to the February 2014 RFI. In response to the May 2016 NOPR,
stakeholders provided detailed, insightful comments on all aspects of
the proposal, including those proposals which are not included in ANSI
Z21.10.3-2015, which shows that industry was able to carefully consider
the proposed method and how it compared to the current Federal method
of test. Further, DOE has also incorporated several recommendations
received from stakeholders in response to the May 2016 NOPR (e.g.,
adopting a calculation-based test to determine storage volume, adding
steady-state requirements instead of soak-in period for thermal
efficiency test of storage water heaters, and using AHRI-recommended
rating conditions for the CHWPH test procedure). Furthermore, DOE
granted a 30-day extension of the comment period (Docket EERE-2014-BT-
STD-0042) to ensure stakeholders had sufficient time to consider the
proposed test procedure changes in relation to the proposed standards.
81 FR 51812 (August 5, 2016). Therefore, DOE concluded that
stakeholders have had adequate time to provide meaningful comments on
DOE's analysis and results in this test procedure rule.
Regarding the commenters' assertions that DOE has violated the
provisions of 10 CFR 430, subpart C, appendix A,
[[Page 79309]]
DOE notes that Appendix A established procedures, interpretations, and
policies to guide DOE in the consideration and promulgation of new or
revised appliance efficiency standards under EPCA. (See section 1 of 10
CFR 430 subpart C, appendix A) These procedures are a general guide to
the steps DOE typically follows in promulgating energy conservation
standards. The guidance recognizes that DOE can and will, on occasion,
deviate from the typical process. (See 10 CFR part 430, subpart C,
appendix A, section 14(a)) In this particular instance, DOE deviated
from its typical process due to statutorily prescribed deadlines for
both the test procedure and standards rulemaking. As discussed
previously in this notice, there have recently been updates to the
industry testing standard (ANSI Z21.10.3), as well as petitions for
waiver submitted to DOE by stakeholders requesting an alternative test
method for flow-activated instantaneous water heaters. DOE is also
aware of issues with the existing DOE test method having certain
ambiguous provisions in the test set-up, conditions, and operation that
could allow for inconsistent application and could lead to differing
results across different test labs. DOE believes it is imperative to
update the test method to remedy these issues as soon as possible.
Therefore, DOE decided to amend the existing test procedure while
continuing with the energy conservation standards rulemaking in
parallel. The comments pertaining to the timing of the energy
conservation standards rulemaking are addressed separately in the final
rule for the energy conservation standards of CWH equipment.
In response to Rheem's comment, DOE notes that by ``significantly
alter,'' DOE meant that the measured energy efficiency or consumption
would not be altered from the current test method to an extent that the
current minimum standard must be adjusted. All of the provisions being
adopted in this final rule either clarify the existing test method,
improve repeatability of the existing test method, or establish a test
method for equipment that either previously did not have a method
(e.g., CHPWH) or for which the test method did not work (e.g., flow-
activated instantaneous water heaters). However, the actual procedure
for measuring the thermal efficiency and standby loss remains largely
the same, and, thus, DOE continues to believe that efficiency ratings
are not affected. Rheem did not provide any information as to which
specific changes it believes would have an effect on efficiency
ratings, other than the ``definitional changes.'' While definitions are
an integral part of determining equipment classification, and thus, the
applicability of the test method, DOE notes that they do not change the
actual test method, and thus, would not impact the ratings. DOE
understands that the changes to the definitions may cause certain water
heaters that manufacturers currently classify as commercial equipment
to be classified as consumer products. However, as discussed in section
III.G.1, DOE has concluded that under EPCA, these products have always
been covered consumer products. Therefore, this is not a change that
would warrant reconsideration of the energy conservation standards
under 42 U.S.C.6293(e).
2. Other Comments
The Gas Associations recommended that DOE adopt additional
electrical consumption requirements, stating that the current test
procedure only measures fossil fuel energy consumption without
considering electrical usage. The Gas Associations further stated that
the electrical energy consumption should be calculated using a source-
based method rather than a site-based method. (Gas Associations, No. 22
at p. 2)
DOE disagrees with the comments from the Gas Associations. Both the
current and the amended test procedures require the measurement of the
electricity consumption by CWH equipment during the thermal efficiency
and standby loss test, and the thermal efficiency and standby loss
metrics account for the electricity use during the test. The equations
for calculating the thermal efficiency and standby losses of storage
and instantaneous water heaters require the addition of the measured
electrical energy consumption to the total fossil fuel consumption, so
electrical energy use is taken into account. Regarding the suggestion
to use a source-based value for electrical energy consumption, DOE
notes that such an approach would be inconsistent with the accounting
of the gas consumption, which is based on site energy consumption, and
inconsistent with the approach used in ANSI Z21.10.3-2015 to account
for electrical energy consumption. Therefore, DOE does not believe an
additional source-based electrical consumption metric is necessary.
CA IOUs requested that DOE release anonymized equipment testing
data to allow stakeholders to provide stronger comments and strengthen
the rulemaking process. (CA IOUs No. 23 at p. 3) Several proposals to
which DOE believes this comment was likely directed are not adopted in
this final rule (i.e., narrowing the tolerance on ambient room
temperature from 10 [deg]F to 5 [deg]F, establishing an ambient
humidity requirement, and the standby loss test procedure for unfired
hot water storage tanks). In regards to DOE's testing of flow-activated
instantaneous water heaters, DOE notes that these tests were conducted
in order to ensure that DOE's proposed test procedures could be
conducted as written. For CHPWHs, DOE described in extensive detail in
the May 2016 NOPR the evaporator entering air conditions, the
capacities of the units, and the entering water temperatures that
helped inform the rating conditions that were proposed for rating
CHPWHs. DOE has not provided information on the units tested and the
efficiency or standby loss results obtained to protect the
confidentiality of the manufacturers of these products. Further, DOE
did not conduct any additional testing as part of this final rule.
Therefore, this final rule does not include any additional testing data
that were not presented in the May 2016 NOPR.
3. Waiver Requests
DOE received waiver requests or interim waiver requests from A. O.
Smith, HTP, Thermal Solutions, Raypak, and RBI.\21\ The petitioners
asserted that DOE's existing test method for determining standby loss
applies to thermostatically activated models only, and is not
appropriate for flow-activated models. The petitioners requested the
use of alternative procedures for measuring the standby loss of flow-
activated instantaneous water heaters. As described in section III.H,
DOE is adopting a test procedure specifically for commercial
instantaneous CWH equipment that is flow activated or externally
thermostatically activated. Therefore, DOE believes that this final
rule addresses the petitioners' concerns. Because the need for a waiver
has been overtaken by DOE's adoption of a method of test for the basic
models for which each of the petitioners sought a waiver, DOE is
denying these petitions for waiver. Petitioners must begin using
[[Page 79310]]
this test procedure as of the effective date of the final rule.
---------------------------------------------------------------------------
\21\ A.O. Smith: Case No. WH-001, requested interim waiver (no
notice was published for this request). HTP: Case No. WH-002, 81 FR
36295 (June 6, 2016).
Thermal Solutions: Case No. WH-003, 81 FR 36284 (June 6, 2016).
Raypak: Case No. WH-004, 81 FR 36288 (June 6, 2016).
RBI: Case No. WH-005, requested interim waiver (no notice was
published for this request).
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IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866
The Office of Management and Budget (OMB) has determined that test
procedure rulemakings do not constitute ``significant regulatory
actions'' under section 3(f) of Executive Order 12866, ``Regulatory
Planning and Review,'' 58 FR 51735 (Oct. 4, 1993). Accordingly, this
regulatory action was not subject to review under the Executive Order
by the Office of Information and Regulatory Affairs (OIRA) in the
Office of Management and Budget (OMB).
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996)
requires preparation of an initial regulatory flexibility analysis
(IRFA) for any rule that by law must be proposed for public comment and
a final regulatory flexibility analysis (FRFA) for any such rule that
an agency adopts as a final rule, unless the agency certifies that the
rule, if promulgated, will not have a significant economic impact on a
substantial number of small entities.
A regulatory flexibility analysis examines the impact of the rule
on small entities and considers alternative ways of reducing negative
effects. Also, 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 DOE rulemaking process. 68
FR 7990. DOE has made its procedures and policies available on the
Office of the General Counsel's Web site at: https://energy.gov/gc/office-general-counsel.
The IRFA was published as part of the May 2016 NOPR. 81 FR 28588
(May 9, 2016). The FRFA has five sections and is published below:
1. Need for, and Objectives of, the Rule
The Energy Independence and Security Act of 2007 (EISA 2007),
Public Law 110-140, amended EPCA to require that at least once every 7
years, DOE must review test procedures for each type of covered
equipment, including CWH equipment, and either: (1) Amend the test
procedures if the Secretary determines that the amended test procedures
would more accurately or fully comply with the requirements of 42
U.S.C. 6314(a)(2)-(3),\22\ or (2) publish a notice of determination not
to amend a test procedure. (42 U.S.C. 6314(a)(1)(A)) Under this
requirement, DOE must review the test procedures for CWH equipment no
later than May 16, 2019, which is 7 years after the most recent final
rule amending the Federal test method for CWH equipment.\23\
---------------------------------------------------------------------------
\22\ 42 U.S.C. 6314(a)(2) requires that test procedures be
reasonably designed to produce test results which reflect energy
efficiency, energy use, and estimated operating costs of a type of
industrial equipment (or class thereof) during a representative
average use cycle (as determined by the Secretary), and not be
unduly burdensome to conduct.
42 U.S.C. 6314(a)(3) requires that if the test procedure is a
procedure for determining estimated annual operating costs, such
procedure must provide that such costs are calculated from
measurements of energy use in a representative average-use cycle (as
determined by the Secretary), and from representative average unit
costs of the energy needed to operate such equipment during such
cycle. The Secretary must provide information to manufacturers of
covered equipment regarding representative average unit costs of
energy.
\23\ DOE published a final rule in the Federal Register on May
16, 2012, that, in relevant part, amended its test procedure for
commercial water-heating equipment. 77 FR 28928.
---------------------------------------------------------------------------
This final rule prescribes test procedure amendments that will be
used to determine compliance with energy conservation standards for CWH
equipment (except for CHPWHs, residential-duty commercial water
heaters, and electric instantaneous water heaters with a storage
capacity less than 10 gallons). The amendments will: (1) Update the
referenced industry test standards by incorporating by reference ASTM
D2156-09, ASTM C177-13, ASTM C518-15, and sections c and f of Annex E.1
of ANSI Z21.10.3-2015; (2) modify the required ambient conditions and
measurement intervals for CWH equipment; (3) change the required test
set-up for storage water heaters and storage-type instantaneous water
heaters; (4) change the method for setting the thermostat for gas-fired
and oil-fired storage water heaters and storage-type instantaneous
water heaters from measurement of mean tank temperature to measurement
of top tank sensor water temperature and clarify the method for setting
thermostats on electric storage water heaters with multiple
thermostats; (5) establish new requirements for establishing steady-
state operation and a soak-in period; (6) define ``storage-type
instantaneous water heater'' and modify several definitions for
consumer water heaters and commercial water heating equipment included
at 10 CFR 430.2 and 10 CFR 431.102, respectively; (7) include a new
test method for measurement of standby loss for instantaneous water
heaters and hot water supply boilers (including internally
thermostatically-activated, externally thermostatically-activated and
flow-activated instantaneous water heaters); (8) specify temperature-
sensing locations, water valve locations, and clarifications for using
a recirculating loop for thermal efficiency and standby loss testing of
instantaneous water heaters and hot water supply boilers; (9) include a
new test method for rating commercial heat pump water heaters; (10)
establish a procedure for determining the fuel input rate of gas-fired
and oil-fired CWH equipment and specify DOE's measures to verify fuel
input rate; (11) add default values for certain testing parameters for
oil-fired commercial water heating equipment; and (12) modify DOE's
certification requirements for commercial water heating equipment. DOE
reviewed all of these amendments to the existing test procedure under
the provisions of the Regulatory Flexibility Act and the policies and
procedures published on February 19, 2003. 68 FR 7990. Accordingly, DOE
has prepared the following FRFA for the equipment that is the subject
of this rulemaking.
2. Significant Issues Raised in Response to the IRFA
The Department did not received any comment that directly addressed
the IRFA. However, DOE received several comments from stakeholders that
referenced the impact of amended test procedures for CWH equipment on
small businesses.
In the May 2016 NOPR, DOE proposed to establish a requirement to
maintain ambient relative humidity at 60 percent 5 percent
during the thermal efficiency and standby loss test for gas-fired and
oil-fired CWH equipment. 81 FR 28588, 28597-28598 (May 9, 2016). HTP
commented that complying with this proposed humidity requirement would
impose a significant burden to small businesses such as HTP, and would
require substantial renovations to their testing lab that cost
$100,000-$250,000. (HTP, No. 24 at p. 1) In this final rule, DOE is not
adopting an ambient relative humidity requirement; therefore, DOE
believes that this concern of impact to small manufacturers is
mitigated.
In the May 2016 NOPR, DOE also proposed to decrease the length of
required measurement intervals to 30 seconds for both the thermal
efficiency and standby loss tests. 81 FR 28588, 28597 (May 9, 2016). To
accommodate DOE's proposed time intervals for data collection, AHRI
commented that some manufacturers might need to upgrade
[[Page 79311]]
their facilities, and Raypak and Rheem argued that small manufacturers
might need to purchase or upgrade data acquisition systems. (AHRI, No.
26 at pp. 6-7; Raypak, No. 28 at pp. 6-7; Rheem, No. 34 at p. 5)
DOE disagrees that its proposed measurement intervals would require
costly upgrades to lab facilities for any manufacturers, including
small businesses. Given that DOE's proposed measurement interval was
only slightly different from the current requirement for the thermal
efficiency test--30 seconds vs 1 minute--DOE does not believe that this
proposal would require any upgrades. The duration of the standby loss
test exceeds 24 hours and can reach up to 48 hours; therefore, DOE does
not believe it is likely that any manufacturers, including small
businesses, are performing this test without an automated data
acquisition system. The one-time cost of a data acquisition system
would likely be much less than the recurring labor costs of having a
lab technician constantly monitor and record measurements for every
standby loss test for up to 48 hours. DOE notes that no stakeholders
have commented to DOE that they do not use data acquisition systems for
testing of CWH equipment. Additionally, DOE does not believe that
increasing the frequency of data collection would require significant
upgrades to existing data acquisition systems. Rather, DOE believes
that changing the measurement frequency would require a simple one-time
software change and that the additional amount of data collected could
easily be stored given the low cost of computer storage. Additionally,
DOE is not adopting any requirements in this final rule that would
require measurement with a data acquisition system other than time and
temperature. Therefore, DOE does not expect the required data
collection intervals adopted in this final rule--1 minute for both the
thermal efficiency and standby loss tests--to impose a significant
burden on any manufacturers, including small businesses.
In the May 2016 NOPR, DOE also proposed to adopt a standby loss
test for unfired hot water storage tanks. 81 FR 28588, 28597 (May 9,
2016). DOE received numerous comments on this topic, and is still
considering those comments. Therefore, DOE will address the comments
and its proposed test procedure for unfired hot water storage tanks in
a separate rulemaking notice.
In the May 2016 NOPR, DOE proposed a standby loss test method for
flow-activated instantaneous water heaters. 81 FR 28588, 28607-28615
(May 9, 2016) DOE received comments from Bradley expressing concern
with the complexity and burden associated with the test procedure.
Bradley notes that it manufactures highly specialized water heaters and
the burden to test their products with DOE's proposed test procedure
would be an extreme financial burden to the business while not
resulting in meaningful energy savings for customers. Bradley also
expressed concern with the test procedure, specifically with regards to
the method of test (including the standby loss equation) and the method
proposed to determine the storage volume. Bradley suggested simplifying
the test procedure would reduce the burden on small businesses that
manufacture these specialized water heaters. (Bradley, No. 33 at pp. 1,
3-4)
The concerns expressed by Bradley with regards to the testing
burden, pertain to instantaneous water heaters and hot water supply
boilers that have a storage volume less than 10 gallons. DOE notes that
maximum standby loss standards are currently only prescribed for
instantaneous water heaters and hot water supply boilers with rated
storage volume greater than or equal to 10 gallons. In the NOPR for the
ongoing energy conservation standards rulemaking for CWH equipment, DOE
did not propose standby loss standards for instantaneous water heaters
with rated storage volume less than 10 gallons. 81 FR 34440 (May 31,
2016). Consequently, manufacturers are not required to test or certify
their instantaneous water heaters and hot water supply boilers for
standby loss, if the model is an either an electric instantaneous water
heater or is a gas or oil-fired instantaneous water heater with a
storage volume less than 10 gallons.
With regard to the technical concerns expressed by Bradley, DOE
notes that it has responded to these comments in section III.H of this
final rule. Specifically, DOE notes that in section III.H.2 of the
final rule notice it has permitted the use of calculations based on
physical dimensions and design drawings to determine the storage volume
of instantaneous water heaters and hot water supply boilers (including
flow-activated instantaneous water heaters). DOE has also decided to
include additional provisions to allow water heaters that are not
capable of meeting the required outlet water temperature (due to in-
built safety features that restrict the maximum temperature within the
unit), to conduct the test using the maximum water temperature the unit
is capable of achieving. DOE believes that if manufacturers choose to
rate their products using the test procedure adopted by DOE in this
final rule, then these provisions will be beneficial in simplifying the
test procedure particularly for the CWH equipment with in-built safety
features that restrict the rise in water temperature.
3. Description and Estimate of the Number of Small Entities Affected
For manufacturers of covered CWH equipment, 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. (see 13 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/Size_Standards_Table.pdf. Manufacturing of CWH equipment is
classified under NAICS 333318, ``Other Commercial and Service Industry
Machinery Manufacturing.'' \24\ The SBA sets a size threshold of 1,000
employees or fewer for a manufacturer that falls under this category to
qualify as a small business.
---------------------------------------------------------------------------
\24\ On October 1, 2012, the NAICS code for ``Other Commercial
and Service Industry Machinery Manufacturing,'' which includes
manufacturing of commercial water heating equipment, changed from
333319 to 333318.
---------------------------------------------------------------------------
To estimate the number of companies that could be small business
manufacturers of equipment covered by this rulemaking, DOE conducted
market research and created a database of CWH equipment manufacturers.
DOE's research involved industry trade association membership
directories (including AHRI \25\), public databases (e.g., the
California Energy Commission Appliance Efficiency Database,\26\ DOE's
Compliance Certification Database \27\), individual company Web sites,
and market research tools (e.g., Hoovers reports \28\) to create a list
of companies that manufacture equipment covered by this rulemaking. DOE
screened out companies that do not manufacture equipment affected by
this rule, do not meet the definition of a ``small business,'' or are
foreign owned and
[[Page 79312]]
operated. Based upon this analysis and comprehensive search, DOE
identified 29 manufacturers of CWH equipment affected by this
rulemaking (excluding rebranders). Of these, DOE identified 18 as
domestic small manufacturers.
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\25\ The AHRI Directory is available at: www.ahridirectory.org/ahriDirectory/pages/home.aspx.
\26\ The CEC database is available at: https://www.energy.ca.gov/appliances/.
\27\ DOE's Compliance Certification Database is available at:
https://www.regulations.doe.gov/certification-data/.
\28\ Hoovers Inc., Company Profiles, Various Companies
(Available at: www.hoovers.com/).
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4. Description and Estimate of Compliance Requirements
In the following sections, DOE discusses the potential burdens that
could be faced by manufacturers of CWH equipment, particularly small
businesses, as a result of each of the test procedure amendments being
adopted in this final rule.
Updated Industry Test Methods
In this final rule, DOE is updating the referenced industry test
method in its test procedures for CWH equipment from ANSI Z21.10.3-2011
(Exhibits G.1 and G.2) to sections c and f of Annex E.1 of ANSI
Z21.10.3-2015. DOE does not expect that this update will impact the
requirements, conditions, or duration of DOE's test procedures. DOE
only identified one substantive difference in ANSI Z21.10.3-2015 from
the currently referenced version ANSI Z21.10.3-2011--the standby loss
equation. Because DOE concluded that the equation in the currently
referenced ANSI Z21.10.3-2011 is correct and retains that equation in
its test procedures, this updated reference to the industry test method
will not affect conduct of or ratings from DOE's test procedure.
DOE's current test procedure, specified at 10 CFR 431.106, also
requires that flue gases from oil-fired CWH equipment not contain smoke
that exceeds No. 1 smoke, as determined by ASTM Standard D2156-80. In
this final rule, DOE is incorporating by reference the most recent
version of this test method, ASTM D2156-09. DOE did not identify any
significant differences between the two versions of this test method;
therefore, DOE concluded that this updated reference should not affect
results from its test procedure.
Additionally, DOE is adopting several clarifications to the
procedure for determining smoke spot number because the current
procedure as specified in 10 CFR 431.106 does not specify the timing or
location of measuring the smoke spot number. DOE considers conduct of
the smoke spot test and measurement of CO2 reading before
the thermal efficiency test begins to be a less burdensome method than
measuring during the test. Therefore, the Department does not consider
this clarification likely to increase testing burden to manufacturers.
Additionally, DOE clarifies situations when the smoke spot test and
measurement of CO2 reading are not needed to reduce burden.
Finally, DOE specifies the location within the flue for determination
of smoke spot number. Given that this requirement was adopted from an
industry-accepted test method for similar commercial HVAC equipment,
DOE selected this location because it was the least likely to increase
burden to manufacturers, DOE's current definition for ``R-value'' at 10
CFR 431.102 references two industry test methods, ASTM C177-97 and ASTM
C518-91. DOE is incorporating by reference the most recent versions of
these test methods: ASTM C177-13 and ASTM C518-15. DOE did not identify
any significant differences in the procedures for measuring R-value
between the two versions of ASTM C177 or between the two versions of
ASTM C518. Therefore, this updated reference should not affect results
for calculation of R-value per DOE's definition at 10 CFR 431.102.
Ambient Test Conditions
DOE is adopting several amendments to its required ambient
conditions for CWH equipment. Specifically, DOE is making the following
modifications: (1) Setting a maximum air draft requirement of 50 ft/min
as measured prior to beginning the steady-state verification period or
the standby loss test; (2) decreasing the allowed variance from mean
ambient temperature from 7.0[emsp14][deg]F to
5.0[emsp14][deg]F; (3) requiring measurement of test air temperature--
the temperature of entering combustion air--and requiring the test air
temperature not vary by more than 5[emsp14][deg]F from the
ambient room temperature at any measurement interval during the steady-
state verification period and the thermal efficiency and standby loss
tests for gas-fired and oil-fired CWH equipment; and (4) decreasing the
time interval for data collection from fifteen minutes to one minute
for the standby loss test.
For the first modification, depending on the conditions in the
manufacturer's testing area, the manufacturer may need to protect the
testing area from drafts greater than 50 ft/min. This draft protection
could be accomplished by using wind barriers such as moveable walls,
minimizing the opening and closing of doors near the test stand, or
sealing windows. To measure draft velocity, manufacturers may have to
purchase instrumentation that DOE estimates could cost up to $250.
However, any manufacturer of residential water heaters should already
have this instrumentation and be able to comply with this requirement,
because it is similar to the requirement established for testing
residential water heaters in the July 2014 final rule. 79 FR 40542,
40569 (July 11, 2014). DOE notes that measurement of air draft is only
required at the beginning of each test; therefore, draft-measuring
devices used for testing of CWH equipment do not need the capability to
connect to a data acquisition system.
For the second modification, manufacturers need to maintain a
slightly more stringent allowed variance from the average ambient room
temperature over the course of the test. DOE received several comments
suggesting that DOE adopt this decreased variance, indicating that this
decrease in the allowed variance would not be burdensome to
manufacturers, and that manufacturers could accommodate this decrease
in the allowed variance with their existing lab HVAC systems. Therefore
does not anticipate that this modification will impose a significant
burden to manufacturers, including small businesses.
For the third modification, manufacturers need to measure the test
air temperature, which is measured within two feet of the combustion
air inlet. While this requirement was adopted from an industry test
method for commercial packaged boilers, AHRI 1500-2015, it was not
previously required for testing of CWH equipment. Therefore,
manufacturers need to install temperature sensors in close proximity to
the air intake. However, DOE believes that a requirement for this
temperature measurement will not present any significant testing burden
to manufacturers, because it simply involves taking more temperature
measurements than are already being conducted, and the temperature
readings could be recorded using the same data acquisition software
that is used for measuring the ambient room temperature. DOE
anticipates that adding additional temperature sensors to an existing
data acquisition system would be a simple, one-time task and not
present a significant burden to manufacturers.
Finally, DOE proposes reducing the time interval for data
collection during the standby loss test from 15 minutes to 1 minute.
Because the standby loss test duration is between 24 to 48 hours, DOE
reasons that manufacturers already use a computer-connected data
acquisition system. Additionally, manufacturers are already required to
measure at one-minute intervals in DOE's existing thermal efficiency
test procedure. DOE believes that changing the measurement frequency
would require a simple one-
[[Page 79313]]
time software change and that the additional amount of data collected
could easily be stored given the low cost of computer storage.
Therefore, manufacturers were not expected to incur any additional
testing costs due to the change in the relevant data recording time
intervals, and DOE does not anticipate the one-time software change to
impose any significant burden to manufacturers, including small
businesses.
Test Set-Up for Storage and Storage-Type Instantaneous Water Heaters
In this final rule, DOE specifies the location for measurement of
supply and outlet water temperature for storage water heaters and
storage-type instantaneous water heaters. Specifically, in the test
set-ups adopted in this final rule, DOE has specified exact locations
for placement of the temperature sensors in terms of total piping
length. DOE expects these lengths to align with the piping set-ups
currently used in most testing of CWH equipment. If the test set-up
changes adopted in this final rule are different from the set-ups
currently used, DOE believes that these differences would be minor and
would simply involve adding or removing several inches of piping.
Additionally, DOE is adopting set-ups for tank-type water heaters with
connections on the top, side, or bottom--thereby minimizing the
likelihood that a significant change to the set-up currently used by
manufacturers would be needed. Further, for certain water heaters with
horizontal water connections that cannot meet the inlet side vertically
downward piping distance of 24 inches (as proposed in the May 2016
NOPR), DOE allows such piping to be extended vertically downwards to
the maximum extent possible. This would reduce the burden on
manufacturers and small businesses from having to raise the water
heater platform or have piping embedded under the flooring, to meet the
24 inches of vertically downward piping distance. Therefore, DOE
concludes that the changes adopted with regards to the test set-up for
storage and storage-type instantaneous water heaters would not present
a significant burden to manufacturers, including small businesses.
Unfired Hot Water Storage Tanks
DOE is not adopting a test procedure for unfired hot water storage
tanks in this final rule, and, therefore, there will be not any burden
from test procedure amendments for this equipment.
Thermostat Settings for Storage Water Heaters
DOE is modifying its procedure for setting the tank thermostat for
gas-fired and oil-fired storage water heaters and storage-type
instantaneous water heaters by adopting a top tank sensor water
temperature requirement rather than a mean tank temperature
requirement. This change was suggested by manufacturers so that their
models can more easily meet the specified conditions in the test
procedure without having to sacrifice thermal efficiency gains when
designing equipment. Because the top tank sensor water temperature
(i.e., the highest of six temperature sensors used to calculate mean
tank temperature) is already measured in the current test method, this
proposal would simplify DOE's test procedure, and would not create any
additional test burden for manufacturers, including small businesses.
DOE is also adopting a requirement that the tank be re-filled with
supply water before re-adjusting the thermostat if the top tank sensor
temperature requirement is not achieved. While this requirement may add
to test time in certain cases, DOE believes that it is common industry
practice, because this requirement is consistent with requirements in
an industry-consensus test method, ASHRAE 118.1-2012, and DOE's test
procedure for consumer water heaters and residential-duty commercial
water heaters at appendix E to subpart B of 10 CFR part 430.
DOE is also clarifying its procedure for setting thermostats for
electric storage water heaters with multiple thermostats. DOE is
specifying that only the top-mosttopmost and bottom-mostbottommost
thermostats be set, and that all other thermostats and corresponding
heating elements not operate while setting thermostats or during
conduct of the standby loss test. DOE believes that some manufacturers
already use DOE's adopted method, and that this method simply clarifies
which thermostats (and corresponding heating elements) to use during
the test. DOE's clarifications are based upon comments from a
manufacturer and industry trade organization; based on these comments,
DOE does not anticipate that this procedure will impose a significant
test burden to manufacturers, including small businesses.
Steady-State Requirements and Soak-In Period
DOE is adopting more stringent provisions for establishing steady-
state operation prior to the thermal efficiency test. These provisions
require a 30-minute verification period, rather than the 3-minute
period in DOE's current test procedure. However, these provisions, with
minor modifications, were suggested by multiple commenters as being
supported by an industry working group, as an improvement to the
repeatability of testing of CWH equipment. DOE also understands that
many manufacturers, including small businesses, already often run CWH
equipment for longer than required by DOE's current test procedure to
ensure steady-state operation prior to beginning the thermal efficiency
test. Therefore, DOE does not expect that these more-stringent
provisions will impose a significant burden to manufacturers, including
small businesses.
DOE has also added clarifying statements to its thermal efficiency
and standby loss test procedures. Specifically, DOE is clarifying that
during the steady-state verification period, the thermal efficiency
test, and the standby loss test (as applicable), no settings on the
water heating equipment can be changed until measurements for the test
have finished. As discussed in section III.F.2, several manufacturers
agreed to include the clarifying statements. Additionally, DOE expects
that the majority of manufacturers already perform the thermal
efficiency and standby loss tests in a manner as clarified in DOE's
proposal. Therefore, DOE has concluded that its clarifying statements
would only serve to remove any potential confusion regarding its test
procedures, and would not add any burden to manufacturers, including
small businesses.
DOE is adopting a requirement that a soak-in period be conducted
prior to the standby loss test for storage water heaters in which the
water heater must sit without any draws taking place for at least 12
hours from the end of a recovery from a cold start, unless the unit has
been in operation and no settings have been changed since the end of a
previously run efficiency test. While this soak-in period would add to
the time required to conduct the test, it would not require extra
personnel and would not necessitate the development of additional test
platforms. DOE understands that a preconditioning period is already
implemented by manufacturers as a best practice to allow the water
heater to achieve operational temperature, so the added burden from the
12-hour soak-in is expected to be minimal. In addition, these tests can
be conducted in the same facilities used for the current energy testing
of these products, so there would be no
[[Page 79314]]
additional facility costs required by this amendment.
Storage-Type Instantaneous Water Heaters
DOE is adopting a new definition for ``storage-type instantaneous
water heater,'' which includes instantaneous water heaters with
integral storage tanks that have a tank volume greater than or equal to
10 gallons. DOE believes this kind of water heater should be tested
similar to storage water heaters. However, DOE does not currently
prescribe separate test procedures for storage water heaters and
instantaneous water heaters. Only in the test procedures established in
this final rule does DOE prescribe separate standby loss test
procedures for storage water heaters and instantaneous water heaters.
Additionally, DOE's research suggests that manufacturers already
categorize units falling under DOE's proposed definition for ``storage-
type instantaneous water heater'' with storage water heaters.
Therefore, DOE does not anticipate that applying the test procedure
prescribed for storage water heaters to storage-type instantaneous
water heaters will present a burden for manufacturers, including small
businesses.
Instantaneous Water Heaters and Hot Water Supply Boilers (Other Than
Storage-Type Instantaneous Water Heaters)
Currently, all instantaneous water heaters and hot water supply
boilers having a capacity of 10 gallons or more are required to undergo
the same standby loss test that is prescribed in Exhibit G.2 of ANSI
Z21.10.3-2011. In this final rule, DOE is adopting a separate standby
loss test procedures for: (1) Internally thermostatically-activated
instantaneous water heaters and (2) instantaneous water heaters that
are either flow-activated or thermostatically activated by an external
thermostat. In addition, DOE is adopting changes to the test set-up for
instantaneous water heaters and hot water supply boilers.
For the changes in the test set-up, DOE is adopting: (1) Slight
variations of Figure III.1, Figure III.2, and Figure III.3 of this
final rule as the test set-ups for instantaneous water heaters and hot
water supply boilers tested without a recirculating loop, and (2)
Figure III.4 as the test set-ups for instantaneous water heaters and
hot water supply boilers tested with a recirculating loop. Allowing the
water heaters to be tested to the different configurations in the
figures would be beneficial to all manufacturers, including small
businesses, as it would allow them to use the test set-up most
appropriate to the equipment being tested. In this final rule, DOE has
decided to require three changes in the test set-up for instantaneous
water heaters and hot water supply boilers: (1) Installation of an
additional temperature sensor near the outlet of the water heater at a
distance of one-inch (inside or outside) from the outlet port for the
standby loss test; (2) installation of a temperature sensor in the
outlet water piping at the second elbow (as per the test set-ups in
Figure III.1, Figure III.2,Figure III.3, and Figure III.4 of this final
rule); and (2) installation of an outlet water valve downstream of the
outlet water heat trap, within a distance of 10 inches downstream from
outlet water temperature sensor which is placed at the second elbow in
the outlet water piping.
These modifications in the test set-up require: (1) Addition of a
pipe fitting to hold the outlet water temperature-sensing instrument to
a location immediately outside the CWH equipment; (2) addition of a
temperature sensor near the outlet to the water heater; and (2)
movement of the outlet water valve that is already installed further
downstream in the piping, to a location closer to the CWH equipment.
DOE estimates that a fitting to hold the temperature sensor would cost
approximately $50, while the temperature sensor itself would cost about
$100 (for a thermocouple). DOE reasons that the benefits of better
representation of the outlet water temperature and close proximity of
the water valves that need to be shut off to retain the hot water in
the water heater during the standby loss test outweighs the small
potential cost of an additional pipe fitting and temperature sensor. In
addition to these changes, DOE is also clarifying the conditions for
using a recirculating loop. The use of a recirculating loop is allowed
in the current test procedure, and, thus, this modification would not
cause an increase in testing cost. Therefore, DOE concluded that the
adjustments described in this paragraph would not impose a significant
burden on manufacturers, including small businesses.
The standby loss test procedure adopted for internally
thermostatically-activated instantaneous water heaters is similar to
the current test procedure in Exhibit G.2 of ANSI Z21.10.3-2011 (and
Annex E.2 of ANSI Z21.10.3-2015) that is incorporated by reference as
DOE's test procedure. The adopted test procedure requires the use of
the heat exchanger outlet water temperature as an approximation for the
stored water temperature instead of the mean tank temperature which is
required by the current test procedure. DOE notes that this adopted
modification to the current test procedure would only change the terms
that are used in calculating standby loss. In the previous section, DOE
discussed the cost involved in installing an additional temperature
sensor to record the heat exchanger outlet water temperature.
Therefore, the only change that manufacturers will be required to make
is to record the heat exchanger outlet water temperature during the
standby loss test. Accordingly, DOE has concluded that these changes
will not be unduly burdensome to manufacturers, including small
businesses.
For externally thermostatically-activated instantaneous water
heaters and flow-activated instantaneous water heaters, DOE has adopted
a test procedure that is similar to the current test procedure in
Exhibit G.2 of ANSI Z21.10.3-2011. Similar to internally-activated
instantaneous water heaters, the adopted test procedure for flow-
activated and externally thermostatically-activated instantaneous water
heaters uses the outlet water temperature as an approximation for the
stored water temperature. In addition, the adopted test procedure would
not require the water heater to cycle-on at any point in the course of
the test. Therefore, the amount of fuel consumption is not required to
be recorded for standby loss calculations. As a result, these two
modifications will simplify the test and reduce the amount of data
processing required for calculating the standby loss metric. As a
result, this modification will be beneficial to all manufacturers,
including small businesses.
The second difference pertains to the duration of the test. In the
current test procedure, the equipment is tested until the first cut-out
that occurs after 24 hours or 48 hours, whichever comes first. In the
adopted standby loss test procedure for flow-activated instantaneous
water heaters, the test ends when the outlet water temperature drops by
35[emsp14][deg]F or after 24 hours, whichever comes first. DOE has
concluded that it is very likely that a 35[emsp14][deg]F drop in outlet
water temperature will occur before 24 hours. Therefore, this
modification will likely be beneficial to all manufacturers, including
small businesses, as it would reduce the time required to conduct the
standby loss test. In addition, DOE notes that the maximum test length
of 24 hours in the test method is the same as the current minimum test
length in the
[[Page 79315]]
existing test procedure, so the adopted test will always result in a
test length either shorter or equal to that of the current test.
The third difference is with regard to the pump purge
functionality. The current test procedure requires the outlet water
valve to be closed immediately after the burner cuts out at the
beginning of the standby loss test. In the test procedure adopted in
this final rule, DOE has decided to allow units to use the integrated
pump purge functionality (if so equipped) by delaying the closing of
the outlet water valve until after the pump purge operation is
completed. During this operation, the electricity consumed is not
recorded for calculating the standby loss. DOE notes that the addition
of this provision only changes the sequence of steps in the test
procedure. As a result, DOE does not believe this modification will
impose a significant burden on manufacturers, including small
businesses. Rather, DOE believes that by allowing this modification,
manufacturers will be able to benefit from the pump purge technology
that is intended to reduce standby loss in the water heater.
Finally, in the adopted test procedure, DOE has permitted the use
of calculations based on CAD designs and physical dimensions to rate
the storage volume of instantaneous water heaters and hot water supply
boilers. The current test procedure requires the use of the weight-
based test specified in section 2.26 of ANSI Z21.10.3-2011 to determine
the storage volume. The weight-based test requires the water heater to
be weighed dry and then weighed after it is filled with water. The
difference between the two weights is used to calculate the storage
volume. DOE expects that allowing manufacturers to use their design
drawing or physical dimensions to determine storage volume will be
beneficial to manufacturers and save them time and cost. Therefore, DOE
believe that this modification will be beneficial to all manufacturers,
including small businesses.
In summary, DOE has concluded that the standby loss test procedure
adopted in this final rule for flow-activated, externally
thermostatically activated and internally thermostatically activated
instantaneous water heaters will not impose any significant additional
burden on manufacturers.
Commercial Heat Pump Water Heaters
DOE previously did not prescribe a test procedure for commercial
heat pump water heaters. In this final rule, DOE adopts a new test
procedure for measurement of the COPh of CHPWHs. However,
manufacturers are not required to certify COPh for CHPWHs
until DOE establishes energy conservation standards for this equipment
based on a COPh metric. Therefore, manufacturers are not
required to certify for COPh using the test procedure
adopted in this final rule. However, DOE acknowledges that in the
absence of a Federal COPh standard, some manufacturers may
choose, at their discretion, to rate the efficiency of their CHPWHs to
help distinguish their equipment from competitor offerings.
DOE believes that manufacturers of CHPWHs already have the
equipment, instrumentation, and facilities (including psychrometric
chambers) for testing their units according to the adopted test method,
because these will be needed for product development and measurement of
COPh values absent a DOE test method. However, DOE
acknowledges that some manufacturers may need to purchase equipment,
instrumentation, or test stands for measurement of COPh
according to the test method. For testing air-source CHPWH units, DOE
estimates that the cost to build a test stand and a surrounding
psychrometric chamber for the testing of CHPWHs will cost no more than
$300,000. While the duration of the test for air-source CHWPHs is 30
minutes, DOE estimates the total time, including the time needed for
set-up and stabilizing the outlet water temperatures prior to the test,
may reach five hours. At a rate of $40 per hour for a laboratory
technician, DOE estimates the cost for this labor will be $200 per
model tested.
Given the small market size of air-source CHPWHs, DOE believes that
most manufacturers without test facilities capable of testing air-
source CHPWHs according to DOE's test procedure will choose to conduct
testing at a third-party lab. DOE estimates that the average air-source
CHPWH manufacturer sells six models, and that the cost of testing an
air-source CHPWH would not exceed $11,000. Therefore, the average
testing burden for manufacturers of air-source CHPWHs without testing
facilities should not exceed $66,000.
For indoor water-source, ground-source closed-loop, and ground
water-source CHPWHs, water solution conditioning and recirculation
equipment similar to a chiller would be required for testing, in
addition to the common instrumentation needed for testing air-source
CHPWHs (e.g., standard piping, instrumentation, a data acquisition
system, and test stand). DOE expects most manufacturers already have
such equipment in order to test and provide ratings for their current
product offerings. However, DOE acknowledges that there may be some
manufacturers that do not currently have equipment sufficient for
conducting DOE's adopted test procedure. DOE estimates the total cost
of a chiller to be about $20,000. The cost of instrumentation, piping,
and a data acquisition unit could add up to an additional $5,000.
Therefore, DOE does not expect capital investments would exceed $25,000
per manufacturer. DOE estimates that following the test procedure, it
would take approximately 5-6 hours to set up the unit and to conduct
the test. At a lab technician labor cost of $40 per hour, DOE estimates
the total labor cost incurred to test each unit would be between $200
and $240. Alternatively, some manufacturers, including small
businesses, may choose to test their units at third-party laboratories
instead of investing in in-house testing facilities. DOE estimates that
the cost of such testing would not exceed $3,000 per unit. DOE
estimates that manufacturers may test about 6 models annually at third-
party laboratories. Therefore, the total estimated cost burden for any
such manufacturers would not be more than $18,000.
Based on the adopted test procedure, the test set-up for ground-
source closed-loop, ground water-source, or indoor water-source CHPWHs
will be similar to that for direct geo-exchange CHPWHs, with the only
difference being that the test set-up for direct geo-exchange CHPWHs
includes an additional solution heat exchanger. Similar to water-source
CHPWHs, DOE expects that most manufacturers of direct geo-exchange
CHPWHs already have such equipment in order to test and provide ratings
for their current product offerings. DOE understands that the cost of
this solution heat exchanger will be the only cost to be added to the
total estimated cost for testing ground and indoor water-source CHPWHs
in order to arrive at the estimated cost of testing a direct geo-
exchange CHPWH. DOE estimates the cost of a liquid-to-liquid heat
exchanger to be not more than $30,000. Therefore, the total estimated
capital investment cost for testing a direct geo-exchange CHPWH should
not exceed $55,000. Similar to water-source CHPWH manufacturers, DOE
understands that many manufacturers of direct geo-exchange CHPWHs,
including small businesses, may choose to test their units at third-
party laboratories instead of investing in in-house testing
[[Page 79316]]
facilities. DOE estimates the cost of such testing will not exceed
$5,000 per unit.
Gas Pressure
DOE is adopting requirements that the gas supply pressure must be
within the range specified by the manufacturer, and that the difference
between the outlet pressure of the gas appliance pressure regulator and
the value specified by the manufacturer on the nameplate of the unit
being tested must not exceed the greater of: 10 percent of
the nameplate value or 0.2 in. w.c. The first requirement
was suggested by commenters and is consistent with the industry-
consensus test method, ANSI Z21.10.3-2015. The second requirement is
also consistent with ANSI Z212.10.3-2015 except for the addition of an
absolute tolerance. However, this absolute tolerance only serves to
make the requirement more lenient than that included in ANSI Z21.10.3-
2015. Therefore, DOE does not anticipate that these changes will impose
a significant burden to manufacturers, including small businesses.
Fuel Input Rate
DOE is adopting provisions that the fuel input rate be determined
at 10-minute intervals during the steady-state verification period and
the thermal efficiency test. This requirement to determine fuel input
rate simply requires measuring gas consumption every 10 minutes during
the test, a change DOE expects will impose no significant burden.
Additionally, DOE is requiring that the measured fuel input rates for
these 10-minute periods must not vary by more than 2
percent between any two readings. However, DOE believes that this
requirement is consistent with the requirement in ANSI Z21.10.3-2015,
and does not expect this requirement to impose a significant burden to
manufacturers, including small businesses.
Default Values for Certain Test Parameters
DOE is adding to its test procedure at 10 CFR 431.106 default
values for certain test parameters for oil-fired CWH equipment, to be
used if manufacturers do not report these in any of the following: (1)
Product nameplate, (2) the literature that is shipped with the unit
(e.g., installation and operations manual), or (3) their supplemental
instructions. Specifically, DOE is adopting default values for fuel
pump pressure and a range for CO2 reading for oil-fired CWH
equipment. DOE does not expect these default values to present a
significant burden to manufacturers because these are basic parameters
needed for proper use of CWH equipment and are, therefore, typically
specified by the manufacturer on the product nameplate and in
manufacturer literature shipped with the unit.
4. Significant Alternatives to the Rule
DOE considered alternative test methods and modifications to the
test procedures for CWH equipment, and determined that there are no
better alternatives than the modifications and procedures established
in this final rule. DOE examined relevant industry test standards, and
incorporated these standards in the final test procedures whenever
appropriate to reduce test burden to manufacturers. Specifically, in
this final rule DOE updates its test procedures for CWH equipment to
incorporate by reference the following updated standards: ASTM D2156-
09, ASTM C177-13, ASTM C518-15, and sections c and f of Annex E.1 of
ANSI Z21.10.3-2015. Additionally, DOE is incorporating by reference
certain sections, figures, and tables in ASHRAE 118.1-2012 in the test
procedure for measurement of COPh of commercial heat pump
water heaters that DOE establishes in this final rule.
Additional compliance flexibilities may be available through other
means. For example, individual manufacturers may petition for a waiver
of the applicable test procedure. (See 10 CFR 431.401) Additionally,
Section 504 of the Department of Energy Organization Act, 42 U.S.C.
7194, provides authority for the Secretary to adjust a rule issued
under EPCA in order to prevent ``special hardship, inequity, or unfair
distribution of burdens'' that may be imposed on that manufacturer as a
result of such rule. Manufacturers should refer to 10 CFR part 430,
subpart E, and part 1003 for additional details.
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of CWH equipment must certify to DOE that their
equipment complies with any applicable energy conservation standards.
In certifying compliance, manufacturers must test their equipment
according to the DOE test procedures for CWH equipment, including any
amendments adopted for those test procedures, on the date that
compliance is required. DOE has established regulations for the
certification and recordkeeping requirements for all covered consumer
products and commercial equipment, including CWH equipment. 76 FR 12422
(March 7, 2011); 80 FR 5099 (Jan. 30, 2015). The collection-of-
information requirement for 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 manufacturer, 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.
D. Review Under the National Environmental Policy Act of 1969
In this final rule, DOE amends its test procedures for commercial
water heating equipment. DOE has determined that this rule falls into a
class of actions that are categorically excluded from review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
DOE's implementing regulations at 10 CFR part 1021. Specifically, this
rule amends the existing test procedure without affecting the amount,
quality, or distribution of energy usage, and, therefore, will not
result in any environmental impacts. Thus, this rulemaking is covered
by Categorical Exclusion (CX) A5 under 10 CFR part 1021, subpart D,
which applies to any rulemaking that interprets or amends an existing
rule without changing the environmental effect of that rule.
Accordingly, DOE has made a CX determination for this rulemaking, and
neither an environmental assessment nor an environmental impact
statement is required. DOE's CX determination for this final rule is
available at: https://energy.gov/nepa/categorical-exclusion-cx-determinations-cx/.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 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
[[Page 79317]]
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. DOE examined this final rule and determined that it will not
have a substantial direct effect on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
EPCA governs and prescribes Federal preemption of State regulations as
to energy conservation for the equipment that is the subject of this
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(d)) Therefore, Executive Order 13132 requires no further action.
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,'' 61 FR 4729 (Feb. 7, 1996), 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; (3) provide a clear legal standard for affected
conduct rather than a general standard; and (4) promote simplification
and burden reduction. Regarding the review required by section 3(a),
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 sections 3(a) and 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.
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 them. On March 18, 1997, DOE published
a statement of policy on its process for intergovernmental consultation
under UMRA. 62 FR 12820. (This policy is also available at
www.energy.gov/gc/office-general-counsel under ``Guidance & Opinions''
(Rulemaking)) DOE examined this final rule according to UMRA and its
statement of policy and determined that the rule contains neither an
intergovernmental mandate, nor a mandate that may result in the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector, of $100 million or more in any year.
Accordingly, no further assessment or analysis is required under 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 final rule will 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
Pursuant to Executive Order 12630, ``Governmental Actions and
Interference with Constitutionally Protected Property Rights,'' 53 FR
8859 (March 18, 1988), DOE has determined that this final rule will 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 information
quality 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 the 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 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 if the regulation is implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
DOE has concluded that the regulatory action in this document,
which adopts amendments to the test procedure for commercial water
heating equipment, is not a significant regulatory action under
Executive Order 12866. Moreover, it would not have a significant
adverse effect on the supply, distribution, or use of energy, nor has
it been designated as a significant energy action by the Administrator
of OIRA.
[[Page 79318]]
Accordingly, DOE has not prepared a Statement of Energy Effects for
this final rule.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101 et seq.), DOE must comply with all laws
applicable to the former Federal Energy Administration, including
section 32 of the Federal Energy Administration Act of 1974 (Pub. L.
93-275), as amended by the Federal Energy Administration Authorization
Act of 1977 (Pub. L. 95-70). (15 U.S.C. 788; FEAA) Section 32
essentially provides in relevant part that, where a proposed rule
authorizes or requires use of commercial standards, the notice of
proposed rulemaking must inform the public of the use and background of
such standards. In addition, section 32(c) requires DOE to consult with
the Attorney General and the Chairwoman of the Federal Trade Commission
(FTC) concerning the impact of the commercial or industry standards on
competition.
This final rule incorporates testing methods contained in certain
sections, figures, and tables in the following commercial standards:
(1) ANSI Z21.10.3-2015/CSA 4.3-2015, ``Gas-fired Water Heaters, Volume
III, Storage Water Heaters with Input Ratings Above 75,000 Btu Per
Hour, Circulating and Instantaneous''; (2) ANSI/ASHRAE Standard 118.1-
2012, ``Method of Testing for Rating Commercial Gas, Electric, and Oil
Service Water-Heating Equipment''; (3) ASTM D2156-09, ``Standard Test
Method for Smoke Density in Flue Gases from Burning Distillate Fuels'';
(4) ASTM C177-13, ``Standard Test Method for Steady-State Heat Flux
Measurements and Thermal Transmission Properties by Means of the
Guarded-Hot-Plate Apparatus''; and (5) ASTM C518-15, ``Standard Test
Method for Steady-State Thermal Transmission Properties by Means of the
Heat Flow Meter Apparatus.'' While the amended test procedures are not
exclusively based on these standards, DOE's amended test procedures
adopt several provisions from these standards without amendment. The
Department has evaluated these standards and is unable to conclude
whether they fully comply with the requirements of section 32(b) of the
FEAA, (i.e., that they were developed in a manner that fully provides
for public participation, comment, and review). DOE has consulted with
both the Attorney General and the Chairwoman of the FTC concerning the
impact of these test procedures on competition and has received no
comments objecting to their use.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this final rule before its effective date. The report
will state that it has been determined that the rule is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
N. Description of Materials Incorporated by Reference
In this final rule, DOE incorporates by reference the following
test standards:
(1) ANSI Z21.10.3-2015/CSA 4.3-2015, ``Gas-fired Water Heaters,
Volume III, Storage Water Heaters with Input Ratings Above 75,000 Btu
Per Hour, Circulating and Instantaneous,'' Annex E (normative)
Efficiency test procedures, E.1 ``Method of test for measuring thermal
efficiency'';
(2) ANSI/ASHRAE Standard 118.1-2012, ``Method of Testing for Rating
Commercial Gas, Electric, and Oil Service Water-Heating Equipment,''
Section 3 ``Definition and Symbols,'' Section 4 ``Classifications by
Mode of Operation,'' Section 6 ``Instruments,'' Section 7
``Apparatus,'' Section 8 ``Methods of Testing,'' Section 9.1.1 ``Full
Input Rating'', and Section 10.3.1 ``Type IV and Type V Full-Capacity
Test Method'';
(3) ASTM C177-13, ``Standard Test Method for Steady-State Heat Flux
Measurements and Thermal Transmission Properties by Means of the
Guarded-Hot-Plate Apparatus''; and
(4) ASTM C518-15, ``Standard Test Method for Steady-State Thermal
Transmission Properties by Means of the Heat Flow Meter Apparatus.''
(5) ASTM D2156-09, ``Standard Test Method for Smoke Density in Flue
Gases from Burning Distillate Fuels'';
ANSI Z21.10.3-2015/CSA 4.3-2015 is an industry-accepted test
procedure for measuring the performance of commercial water heaters. In
this final rule, DOE incorporates by reference sections of this test
procedure that address test set-up, instrumentation, test conditions,
and test conduct. ANSI Z21.10.3-2015/CSA 4.3-2015 is available on
ANSI's Web site at https://webstore.ansi.org/RecordDetail.aspx?sku=ANSI+Z21.10.3-2015%2fCSA+4.3-2015.
ANSI/ASHRAE Standard 118.1-2012 is an industry-accepted test
procedure for measuring the performance of commercial water heaters.
ANSI/ASHRAE 118.1-2012 is available on ANSI's Web site at https://webstore.ansi.org/RecordDetail.aspx?sku=ANSI%2FASHRAE+Standard+118.1-2012.
ASTM C177-13 is an industry-accepted test procedure for determining
the R-value of a sample using a guarded-hot-plate apparatus. ASTM C177-
13 is available on ASTM's Web site at https://www.astm.org/Standards/C177.htm.
ASTM C518-15 is an industry-accepted test procedure for determining
the R-value of a sample using a heat flow meter apparatus. ASTM C518-15
is available on ASTM's Web site at https://www.astm.org/Standards/C518.htm.
ASTM D2156-09 is an industry-accepted test procedure for
determining the smoke spot number of flue gases. ASTM D2156-09 is
available on ASTM's Web site at https://www.astm.org/Standards/D2156.htm.
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects
10 CFR Part 429
Confidential business information, Energy conservation, Household
appliances, Imports, Reporting and recordkeeping requirements.
10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Intergovernmental relations, Small businesses.
10 CFR Part 431
Administrative practice and procedure, Confidential business
information, Incorporation by reference, Test procedures, Reporting and
recordkeeping requirements.
Issued in Washington, DC, on October 21, 2016.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
For the reasons set forth in the preamble, DOE amends parts 429,
430, and 431 of chapter II, subchapter D of title 10, Code of Federal
Regulations, as set forth below:
PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 429 continues to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
0
2. Section 429.44 is amended by:
[[Page 79319]]
0
a. Revising paragraphs (b) and (c);
0
b. Redesignating paragraph (d) as (e) and revising newly redesignated
paragraph (e); and
0
c. Adding a reserved paragraph (d).
The revisions read as follows:
Sec. 429.44 Commercial water heating equipment.
* * * * *
(b) Determination of represented values for all types of commercial
water heaters except residential-duty commercial water heaters.
Manufacturers must determine the represented values, which includes the
certified ratings, for each basic model of commercial water heating
equipment except residential-duty commercial water heaters, either by
testing, in conjunction with the applicable sampling provisions, or by
applying an AEDM as set forth in Sec. 429.70.
(1) Units to be tested. If the represented value for a given basic
model is determined through testing:
(i) The general requirements of Sec. 429.11 apply; and
(ii) A sample of sufficient size must be randomly selected and
tested to ensure that:
(A) Any represented value of energy consumption or other measure of
energy use of a basic model for which consumers would favor lower
values must be greater than or equal to the higher of:
(1) The mean of the sample, where:
[GRAPHIC] [TIFF OMITTED] TR10NO16.008
And, x is the sample mean; n is the number of samples; and
xi is the ith sample; or,
(2) The upper 95-percent confidence limit (UCL) of the true mean
divided by 1.05, where:
[GRAPHIC] [TIFF OMITTED] TR10NO16.009
And x is the sample mean; s is the sample standard deviation; n is
the number of samples; and t0.95 is the t statistic for a
95-percent one-tailed confidence interval with n-1 degrees of freedom
(from appendix A to subpart B of this part). And,
(B) Any represented value of energy efficiency or other measure of
energy consumption of a basic model for which consumers would favor
higher values must be less than or equal to the lower of:
(1) The mean of the sample, where:
[GRAPHIC] [TIFF OMITTED] TR10NO16.010
And, x is the sample mean; n is the number of samples; and
xi is the ith sample; or,
(2) The lower 95-percent confidence limit (LCL) of the true mean
divided by 0.95, where:
[GRAPHIC] [TIFF OMITTED] TR10NO16.011
And x is the sample mean; s is the sample standard deviation; n is
the number of samples; and t0.95 is the t statistic for a
95-percent one-tailed confidence interval with n-1 degrees of freedom
(from appendix A to subpart B of this part).
(2) Alternative efficiency determination methods. In lieu of
testing, a represented value of efficiency or consumption for a basic
model must be determined through the application of an AEDM pursuant to
the requirements of Sec. 429.70 and the provisions of this section,
where:
(i) Any represented value of energy consumption or other measure of
energy use of a basic model for which consumers would favor lower
values must be greater than or equal to the output of the AEDM and less
than or equal to the Federal standard for that basic model; and
(ii) Any represented value of energy efficiency or other measure of
energy consumption of a basic model for which consumers would favor
higher values must be less than or equal to the output of the AEDM and
greater than or equal to the Federal standard for that basic model.
(3) Rated input. The rated input for a basic model reported in
accordance with paragraph (c)(2) of this section must be the maximum
rated input listed on the nameplate for that basic model.
(c) Certification reports. For commercial water heating equipment
other than residential-duty commercial water heaters:
(1) The requirements of Sec. 429.12 apply; and
(2) Pursuant to Sec. 429.12(b)(13), a certification report must
include the following public equipment-specific information:
(i) Commercial electric storage water heaters with storage capacity
less than or equal to 140 gallons: The standby loss in percent per hour
(%/h) and the measured storage volume in gallons (gal).
(ii) Commercial gas-fired and oil-fired storage water heaters with
storage capacity less than or equal to 140 gallons: The thermal
efficiency in percent (%), the standby loss in British thermal units
per hour (Btu/h), the rated storage volume in gallons (gal), and the
rated input in British thermal units per hour (Btu/h).
(iii) Commercial water heaters and hot water supply boilers with
storage capacity greater than 140 gallons: The thermal efficiency in
percent (%); whether the storage volume is greater than 140 gallons
(Yes/No); whether the tank surface area is insulated with at least R-
12.5 (Yes/No); whether a standing pilot light is used (Yes/No); for gas
or oil-fired water heaters, whether the basic model has a fire damper
or fan-assisted combustion (Yes/No); and, if applicable, pursuant to
Sec. 431.110 of this chapter, the standby loss in British thermal
units per hour (Btu/h); the measured storage volume in gallons (gal);
and the rated input in British thermal units per hour (Btu/h).
(iv) Commercial gas-fired and oil-fired instantaneous water heaters
with storage capacity greater than or equal to 10 gallons and gas-fired
and oil-fired hot water supply boilers with storage capacity greater
than or equal to 10 gallons: The thermal efficiency in percent (%); the
standby loss in British thermal units per hour (Btu/h); the rated
storage volume in gallons (gal); the rated input in British thermal
units per hour (Btu/h); whether the water heater includes a storage
tank with a storage volume greater than or equal to 10 gallons (Yes/
No). For equipment that does not meet the definition of storage-type
instantaneous water heaters (as set forth in 10 CFR 431.102), in
addition to the requirements discussed previously in this paragraph
(c)(2)(iv), the following must also be included in the certification
report: whether the measured storage volume is determined using weight-
based test in accordance with Sec. 431.106 of this chapter or the
calculation-based method in accordance with Sec. 429.72; whether the
water heater will initiate main burner operation based on a
temperature-controlled call for heating that is internal to the water
heater (Yes/No); whether the water heater is equipped with an integral
pump purge functionality (Yes/No); if the water heater is equipped with
integral pump purge, the default duration of the pump off delay
(minutes).
(v) Commercial gas-fired and oil-fired instantaneous water heaters
with storage capacity less than 10 gallons and gas-fired and oil-fired
hot water supply boilers with storage capacity less than 10 gallons:
The thermal efficiency in percent (%); the rated storage volume in
gallons (gal), the rated input in British
[[Page 79320]]
thermal units per hour (Btu/h); and whether the measured storage volume
is determined using weight-based test in accordance with Sec. 431.106
of this chapter or the calculation-based method in accordance with
Sec. 429.72.
(vi) Commercial unfired hot water storage tanks: The thermal
insulation (i.e., R-value) and stored volume in gallons (gal).
(3) Pursuant to Sec. 429.12(b)(13), a certification report must
include the following additional, equipment-specific information:
(i) Whether the basic model is engineered-to-order; and
(ii) For any basic model rated with an AEDM, whether the
manufacturer elects the witness test option for verification testing.
(See Sec. 429.70(c)(5)(iii) for options.) However, the manufacturer
may not select more than 10 percent of AEDM-rated basic models to be
eligible for witness testing.
(4) Pursuant to Sec. 429.12(b)(13), a certification report may
include supplemental testing instructions in PDF format. If necessary
to run a valid test, the equipment-specific, supplemental information
must include any additional testing and testing set-up instructions
(e.g., whether a bypass loop was used for testing) for the basic model
and all other information (e.g., operational codes or overrides for the
control settings) necessary to operate the basic model under the
required conditions specified by the relevant test procedure. A
manufacturer may also include with a certification report other
supplementary items in PDF format for DOE's consideration in performing
testing under subpart C of this part. For example, for oil-fired
commercial water heating equipment (other than residential-duty
commercial water heaters): The allowable range for CO2
reading in percent (%) and the fuel pump pressure in pounds per square
inch gauge (psig).
* * * * *
(e) Alternative methods for determining efficiency or energy use
for commercial water heating equipment can be found in Sec. 429.70 of
this subpart.
0
3. Section 429.72 is amended by adding paragraph (e) to read as
follows:
Sec. 429.72 Alternative methods for determining non-energy ratings.
* * * * *
(e) Commercial gas-fired and oil-fired instantaneous water heaters
and hot water supply boilers. The storage volume of a commercial gas-
fired or oil-fired instantaneous water heater or a commercial gas-fired
or oil-fired hot water supply boiler basic model may be determined by
performing a calculation of the stored water volume based upon design
drawings (including computer-aided design (CAD) models) or physical
dimensions of the basic model. Any value of storage volume of a basic
model reported to DOE in a certification of compliance in accordance
with Sec. 429.44(c)(2)(iv) and (v) must be calculated using the design
drawings or physical dimensions, or measured as per the applicable
provisions in the test procedures in 10 CFR 431.106. The storage volume
determination must include all water contained within the water heater
from the inlet connection to the outlet connection(s). The storage
volume of water contained in the water heater must then be computed in
gallons.
0
4. Section 429.134 is amended by adding paragraph (n) to read as
follows:
Sec. 429.134 Product-specific enforcement provisions.
* * * * *
(n) Commercial water heating equipment other than residential-duty
commercial water heaters--(1) Verification of fuel input rate. The fuel
input rate of each tested unit of the basic model will be measured
pursuant to the test requirements of Sec. 431.106 of this chapter. The
measured fuel input rate (either the measured fuel input rate for a
single unit sample or the average of the measured fuel input rates for
a multiple unit sample) will be compared to the rated input certified
by the manufacturer. The certified rated input will be considered valid
only if the measured fuel input rate is within two percent of the
certified rated input.
(i) If the certified rated input is found to be valid, then the
certified rated input will serve as the basis for determination of the
appropriate equipment class and calculation of the standby loss
standard (as applicable).
(ii) If the measured fuel input rate for gas-fired commercial water
heating equipment is not within two percent of the certified rated
input, DOE will first attempt to increase or decrease the gas outlet
pressure within 10 percent of the value specified on the nameplate of
the model of commercial water heating equipment being tested to achieve
the certified rated input (within 2 percent). If the fuel input rate is
still not within two percent of the certified rated input, DOE will
attempt to increase or decrease the gas supply pressure within the
range specified on the nameplate of the model of commercial water
heating equipment being tested. If the measured fuel input rate is
still not within two percent of the certified rated input, DOE will
attempt to modify the gas inlet orifice, if the unit is equipped with
one. If the measured fuel input rate still is not within two percent of
the certified rated input, the measured fuel input rate will serve as
the basis for determination of the appropriate equipment class and
calculation of the standby loss standard (as applicable).
(iii) If the measured fuel input rate for oil-fired commercial
water heating equipment is not within two percent of the certified
rated input, the measured fuel input rate will serve as the basis for
determination of the appropriate equipment class and calculation of the
standby loss standard (as applicable).
(2) [Reserved]
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
5. 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
6. Section 430.2 is amended by:
0
a. Removing the definition of ``Electric heat pump water heater'';
0
b. Revising the definitions of ``Electric instantaneous water heater''
and ``Electric storage water heater'';
0
c. Removing the definition of ``Gas-fired heat pump water heater''; and
0
d. Revising the definitions of ``Gas-fired instantaneous water
heater'', ``Gas-fired storage water heater'', ``Oil-fired instantaneous
water heater'', and ``Oil-fired storage water heater''.
The revisions read as follows:
Sec. 430.2 Definitions.
* * * * *
Electric instantaneous water heater means a water heater that uses
electricity as the energy source, has a nameplate input rating of 12 kW
or less, and contains no more than one gallon of water per 4,000 Btu
per hour of input.
* * * * *
Electric storage water heater means a water heater that uses
electricity as the energy source, has a nameplate input rating of 12 kW
or less, and contains more than one gallon of water per 4,000 Btu per
hour of input.
* * * * *
Gas-fired instantaneous water heater means a water heater that uses
gas as the main energy source, has a nameplate input rating less than
200,000 Btu/h, and contains no more than one gallon of water per 4,000
Btu per hour of input.
Gas-fired storage water heater means a water heater that uses gas
as the main energy source, has a nameplate input rating of 75,000 Btu/h
or less, and contains more than one gallon of water per 4,000 Btu per
hour of input.
* * * * *
[[Page 79321]]
Oil-fired instantaneous water heater means a water heater that uses
oil as the main energy source, has a nameplate input rating of 210,000
Btu/h or less, and contains no more than one gallon of water per 4,000
Btu per hour of input.
Oil-fired storage water heater means a water heater that uses oil
as the main energy source, has a nameplate input rating of 105,000 Btu/
h or less, and contains more than one gallon of water per 4,000 Btu per
hour of input.
* * * * *
PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT
0
7. The authority citation for part 431 continues to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
0
8. Section 431.102 is amended by:
0
a. Revising the section heading;
0
b. Adding in alphabetical order a definition for ``Air-source
commercial heat pump water heater;''
0
c. Removing the definition of ``ASTM-D-2156-80;''
0
d. Adding in alphabetical order definitions for ``Coefficient of
performance,'' ``Commercial heat pump water heater,'' ``Direct geo-
exchange commercial heat pump water heater,'' ``Flow-activated
instantaneous water heater,'' ``Fuel input rate,'' ``Ground-source
closed-loop commercial heat pump water heater,'' and ``Ground water-
source commercial heat pump water heater;''
0
e. Revising the definition of ``Hot water supply boiler;''
0
f. Adding in alphabetical order a definition for ``Indoor water-source
commercial heat pump water heater;''
0
g. Revising the definition of ``Instantaneous water heater;''
0
h. Removing the definition of ``Packaged boiler;''
0
i. Adding in alphabetical order a definition for ``Rated input;''
0
j. Revising the definitions of ``R-value,'' ``Residential-duty
commercial water heater,'' and ``Standby loss,''
0
k. Adding in alphabetical order a definition for ``Storage-type
instantaneous water heater;''
and
0
l. Revising the definition of ``Storage water heater.''
The revisions and additions read as follows:
Sec. 431.102 Definitions concerning commercial water heaters, hot
water supply boilers, unfired hot water storage tanks, and commercial
heat pump water heaters.
Air-source commercial heat pump water heater means a commercial
heat pump water heater that utilizes indoor or outdoor air as the heat
source.
* * * * *
Coefficient of performance (COPh) means the
dimensionless ratio of the rate of useful heat transfer gained by the
water (expressed in Btu/h), to the rate of electric power consumed
during operation (expressed in Btu/h).
Commercial heat pump water heater (CHPWH) means a water heater
(including all ancillary equipment such as fans, blowers, pumps,
storage tanks, piping, and controls, as applicable) that uses a
refrigeration cycle, such as vapor compression, to transfer heat from a
low-temperature source to a higher-temperature sink for the purpose of
heating potable water, and has a rated electric power input greater
than 12 kW. Such equipment includes, but is not limited to, air-source
heat pump water heaters, water-source heat pump water heaters, and
direct geo-exchange heat pump water heaters.
Direct geo-exchange commercial heat pump water heater means a
commercial heat pump water heater that utilizes the earth as a heat
source and allows for direct exchange of heat between the earth and the
refrigerant in the evaporator coils.
Flow-activated instantaneous water heater means an instantaneous
water heater or hot water supply boiler that activates the burner or
heating element only if heated water is drawn from the unit.
Fuel input rate means the maximum measured rate at which gas-fired
or oil-fired commercial water heating equipment uses energy as
determined using test procedures prescribed under Sec. 431.106 of this
part.
Ground-source closed-loop commercial heat pump water heater means a
commercial heat pump water heater that utilizes a fluid circulated
through a closed piping loop as a medium to transfer heat from the
ground to the refrigerant in the evaporator. The piping loop may be
buried inside the ground in horizontal trenches or vertical bores, or
submerged in a surface water body.
Ground water-source commercial heat pump water heater means a
commercial heat pump water heater that utilizes ground water as the
heat source.
Hot water supply boiler means a packaged boiler (defined in Sec.
431.82 of this part) that is industrial equipment and that:
(1) Has a rated input from 300,000 Btu/h to 12,500,000 Btu/h and of
at least 4,000 Btu/h per gallon of stored water;
(2) Is suitable for heating potable water; and
(3) Meets either or both of the following conditions:
(i) It has the temperature and pressure controls necessary for
heating potable water for purposes other than space heating; or
(ii) The manufacturer's product literature, product markings,
product marketing, or product installation and operation instructions
indicate that the boiler's intended uses include heating potable water
for purposes other than space heating.
Indoor water-source commercial heat pump water heater means a
commercial heat pump water heater that utilizes indoor water as the
heat source.
Instantaneous water heater means a water heater that uses gas, oil,
or electricity, including:
(1) Gas-fired instantaneous water heaters with a rated input both
greater than 200,000 Btu/h and not less than 4,000 Btu/h per gallon of
stored water;
(2) Oil-fired instantaneous water heaters with a rated input both
greater than 210,000 Btu/h and not less than 4,000 Btu/h per gallon of
stored water; and
(3) Electric instantaneous water heaters with a rated input both
greater than 12 kW and not less than 4,000 Btu/h per gallon of stored
water.
* * * * *
Rated input means the maximum rate at which commercial water
heating equipment is rated to use energy as specified on the nameplate.
R-value means the thermal resistance of insulating material as
determined using ASTM C177-13 or C518-15 (incorporated by reference;
see Sec. 431.105) and expressed in ([deg]F[middot]ft\2\[middot]h/Btu).
Residential-duty commercial water heater means any gas-fired
storage, oil-fired storage, or electric instantaneous commercial water
heater that meets the following conditions:
(1) For models requiring electricity, uses single-phase external
power supply;
(2) Is not designed to provide outlet hot water at temperatures
greater than 180 [deg]F; and
(3) Does not meet any of the following criteria:
[[Page 79322]]
------------------------------------------------------------------------
Indicator of non-residential
Water heater type application
------------------------------------------------------------------------
Gas-fired Storage......................... Rated input >105 kBtu/h;
Rated storage volume >120
gallons.
Oil-fired Storage......................... Rated input >140 kBtu/h;
Rated storage volume >120
gallons.
Electric Instantaneous.................... Rated input >58.6 kW; Rated
storage volume >2 gallons.
------------------------------------------------------------------------
Standby loss means:
(1) For electric commercial water heating equipment (not including
commercial heat pump water heaters), the average hourly energy required
to maintain the stored water temperature expressed as a percent per
hour (%/h) of the heat content of the stored water above room
temperature and determined in accordance with appendix B or D to
subpart G of part 431 (as applicable), denoted by the term ``S''; or
(2) For gas-fired and oil-fired commercial water heating equipment,
the average hourly energy required to maintain the stored water
temperature expressed in British thermal units per hour (Btu/h) based
on a 70[emsp14][deg]F temperature differential between stored water and
ambient room temperature and determined in accordance with appendix A
or C to subpart G of part 431 (as applicable), denoted by the term
``SL.''
Storage-type instantaneous water heater means an instantaneous
water heater that includes a storage tank with a storage volume greater
than or equal to 10 gallons.
Storage water heater means a water heater that uses gas, oil, or
electricity to heat and store water within the appliance at a
thermostatically-controlled temperature for delivery on demand,
including:
(1) Gas-fired storage water heaters with a rated input both greater
than 75,000 Btu/h and less than 4,000 Btu/h per gallon of stored water;
(2) Oil-fired storage water heaters with a rated input both greater
than 105,000 Btu/h and less than 4,000 Btu/h per gallon of stored
water; and
(3) Electric storage water heaters with a rated input both greater
than 12 kW and less than 4,000 Btu/h per gallon of stored water.
* * * * *
Sec. 431.104 [Removed]
0
9. Section 431.104 is removed.
0
10. Section 431.105 is amended by revising paragraph (b) and adding
paragraphs (c) and (d) to read as follows:
Sec. 431.105 Materials incorporated by reference.
* * * * *
(b) ASHRAE. American Society of Heating, Refrigerating and Air-
Conditioning Engineers, 1791 Tullie Circle NE. Atlanta, GA 30329, (800)
527-4723, or go to https://www.ashrae.org.
(1) ANSI/ASHRAE Standard 118.1-2012, ``Method of Testing for Rating
Commercial Gas, Electric, and Oil Service Water-Heating Equipment,''
approved by ASHRAE on October 26, 2012, IBR approved for appendix E to
this subpart, as follows:
(i) Section 3--Definitions and Symbols;
(ii) Section 4--Classifications by Mode of Operation (sections 4.4,
and 4.5 only);
(iii) Section 6--Instruments (except sections 6.3, 6.4 and 6.6);
(iv) Section 7--Apparatus (except section 7.4, Figures 1 through 4,
section 7.7.5, Table 2, and section 7.7.7.4);
(v) Section 8--Methods of Testing:
(A) Section 8.2--Energy Supply, Section 8.2.1--Electrical Supply;
(B) Section 8.7--Water Temperature Control;
(vi) Section 9--Test Procedures: 9.1--Input Rating, Heating
Capacity, Thermal Efficiency, Coefficient of Performance (COP), and
Recovery Rating; 9.1.1--Full Input Rating;
(vii) Section 10--Calculation of Results: Section 10.3--Heat-Pump
Water Heater Water-Heating Capacity, Coefficient of Performance (COP),
and Recovery Rating; Section 10.3.1--Type IV and Type V Full-Capacity
Test Method.
(2) [Reserved]
(c) ASTM. ASTM International, 100 Barr Harbor Drive, P.O. Box C700,
West Conshohocken, PA 19428-2959, (610) 832-9585, or go to https://www.astm.org.
(1) ASTM C177-13, ``Standard Test Method for Steady-State Heat Flux
Measurements and Thermal Transmission Properties by Means of the
Guarded-Hot-Plate Apparatus,'' approved September 15, 2013, IBR
approved for Sec. 431.102.
(2) ASTM C518-15, ``Standard Test Method for Steady-State Thermal
Transmission Properties by Means of the Heat Flow Meter Apparatus,''
approved September 1, 2015, IBR approved for Sec. 431.102t.
(3) ASTM D2156-09 (Reapproved 2013), ``Standard Test Method for
Smoke Density in Flue Gases from Burning Distillate Fuels,'' approved
October 1, 2013, IBR approved for appendices A and C to this subpart.
(d) CSA Group, 5060 Spectrum Way, Suite 100, Mississauga, Ontario,
Canada L4W 5N6, 800-463-6727, or go to https://www.csagroup.org/.
(1) ANSI Z21.10.3-2015 * CSA 4.3-2015 (``ANSI Z21.10.3-2015''),
``Gas-fired water heaters, volume III, storage water heaters with input
ratings above 75,000 Btu per hour, circulating and instantaneous,''
approved by ANSI on October 5, 2015, IBR approved for appendices A, B,
and C to this subpart, as follows:
(i) Annex E (normative) Efficiency test procedures--E.1--Method of
test for measuring thermal efficiency, paragraph c--Vent requirements;
and
(ii) Annex E (normative) Efficiency test procedures--E.1--Method of
test for measuring thermal efficiency, paragraph f--Installation of
temperature sensing means.
(2) [Reserved]
0
11. Section 431.106 is revised to read as follows:
Sec. 431.106 Uniform test method for the measurement of energy
efficiency of commercial water heating equipment.
(a) Scope. This section contains test procedures for measuring,
pursuant to EPCA, the energy efficiency of commercial water heating
equipment.
(b) Testing and calculations. Determine the energy efficiency of
commercial water heating equipment by conducting the applicable test
procedure(s):
(1) Residential-duty commercial water heaters. Test in accordance
with appendix E to subpart B of part 430 of this chapter.
(2) Commercial water heating equipment other than residential-duty
commercial water heaters. Test in accordance with the appropriate test
procedures in appendices to subpart G of this part.
(i) Gas-fired and oil-fired storage water heaters and storage-type
instantaneous water heaters. Test according to appendix A to subpart G
of this part.
(ii) Electric storage water heaters and storage-type instantaneous
water heaters. Test according to appendix B to subpart G of this part.
(iii) Gas-fired and oil-fired instantaneous water heaters and hot
water supply boilers (other than storage-type instantaneous water
heaters). Test
[[Page 79323]]
according to appendix C to subpart G of this part.
(iv) Electric instantaneous water heaters (other than storage-type
instantaneous water heaters). Test according to appendix D to subpart G
of this part.
(v) Commercial heat pump water heaters. Test according to appendix
E to subpart G of this part.
Sec. 431.107 [Removed]
0
12. Section 431.107 is removed.
0
13. Add appendix A to subpart G of part 431 to read as follows:
Appendix A to Subpart G of Part 431--Uniform Test Method for the
Measurement of Thermal Efficiency and Standby Loss of Gas-Fired and
Oil-Fired Storage Water Heaters and Storage-Type Instantaneous Water
Heaters
Note: Prior to November 6, 2017, manufacturers must make any
representations with respect to the energy use or efficiency of the
subject commercial water heating equipment in accordance with the
results of testing pursuant to this appendix or the procedures in 10
CFR 431.106 that were in place on January 1, 2016. On and after
November 6, 2017, manufacturers must make any representations with
respect to energy use or efficiency of gas-fired and oil-fired storage
water heaters and storage-type instantaneous water heaters in
accordance with the results of testing pursuant to this appendix to
demonstrate compliance with the energy conservation standards at 10 CFR
431.110.
1. General
Determine the thermal efficiency and standby loss (as applicable)
in accordance with the following sections of this appendix. Certain
sections reference sections of Annex E.1 of ANSI Z21.10.3-2015
(incorporated by reference; see Sec. 431.105). Where the instructions
contained in the sections below conflict with instructions in Annex E.1
of ANSI Z21.10.3-2015, the instructions contained in this appendix
control.
2. Test Set-Up
2.1. Placement of Water Heater. A water heater for installation on
combustible floors must be placed on a \3/4\-inch plywood platform
supported by three 2 x 4-inch runners. If the water heater is for
installation on noncombustible floors, suitable noncombustible material
must be placed on the platform. When the use of the platform for a
large water heater is not practical, the water heater may be placed on
any suitable flooring. A wall-mounted water heater must be mounted on a
simulated wall section.
2.2. Installation of Temperature Sensors. Inlet and outlet water
piping must be turned vertically downward from the connections on the
water heater so as to form heat traps. Temperature sensors for
measuring supply and outlet water temperatures must be installed
upstream from the inlet heat trap piping and downstream from the outlet
heat trap piping, respectively, in accordance with Figure 2.1, 2.2, or
2.3 (as applicable based on the location of inlet and outlet piping
connections) of this section.
The water heater must meet the requirements shown in Figure 2.1,
2.2, or 2.3 (as applicable) at all times during the conduct of the
thermal efficiency and standby loss tests. Any factory-supplied heat
traps must be installed per the installation instructions while
ensuring the requirements in Figure 2.1, 2.2, or 2.3 are met. All
dimensions specified in Figure 2.1, 2.2, and 2.3 and in this section
are measured from the outer surface of the pipes and water heater outer
casing (as applicable).
[[Page 79324]]
[GRAPHIC] [TIFF OMITTED] TR10NO16.012
[[Page 79325]]
[GRAPHIC] [TIFF OMITTED] TR10NO16.013
2.3 Installation of Temperature Sensors for Measurement of Mean
Tank Temperature. Install temperature sensors inside the tank for
measurement of mean tank temperature according to the instructions in
paragraph f of Annex E.1 of ANSI Z21.10.3-2015 (incorporated by
reference; see Sec. 431.105). Calculate the mean tank temperature as
the average of the six installed temperature sensors.
2.4. Piping Insulation. Insulate all water piping external to the
water heater jacket, including heat traps and piping that are installed
by the manufacturer or shipped with the unit, for at least 4 ft of
piping length from the connection at the appliance, with material
having an R-value not less than 4 [deg]F[middot]ft\2\[middot]h/Btu.
Ensure that the insulation does not contact any appliance surface
except at the location where the pipe connections penetrate the
appliance jacket or enclosure.
2.5. Temperature and Pressure Relief Valve Insulation. If the
manufacturer has not provided a temperature and pressure relief valve,
one shall be installed and insulated as specified in section 2.4 of
this appendix.
2.6. Vent Requirements. Follow the requirements for venting
arrangements specified in paragraph c of Annex E.1 of ANSI Z21.10.3-
2015 (incorporated by reference; see Sec. 431.105).
2.7. Energy Consumption. Install equipment that determines, within
1 percent:
2.7.1. The quantity and rate of fuel consumed.
2.7.2. The quantity of electricity consumed by factory-supplied
water heater components.
3. Test Conditions
3.1. Water Supply
3.1.1. Water Supply Pressure. The pressure of the water supply must
be maintained between 40 psi and the maximum pressure specified by the
manufacturer of the unit being tested. The accuracy of the pressure-
measuring devices must be within 1.0 pounds per square
inch (psi).
3.1.2. Water Supply Temperature. During the steady-state
verification period and the thermal efficiency test, the temperature of
the supply water must be maintained at 70 [deg]F 2 [deg]F.
3.1.3. Isolate the water heater using a shutoff valve in the supply
line with an expansion tank installed in the supply line downstream of
the shutoff valve. There must be no shutoff means between the expansion
tank and the appliance inlet.
3.2. Gas Pressure for Gas-Fired Equipment. The supply gas pressure
must be within the range specified by the manufacturer on the nameplate
of the unit being tested. The difference between the outlet pressure of
the gas appliance pressure regulator and the value specified by the
manufacturer on the nameplate of the unit being tested must not exceed
the greater of: 10 percent of the nameplate value or
0.2 inches water column (in. w.c.). Obtain the higher
heating value of the gas burned.
3.3. Ambient Room Temperature. During the soak-in period (as
applicable), the steady-state verification period, the thermal
efficiency test, and the standby loss test, maintain the ambient room
temperature at 75 [deg]F 10 [deg]F at all times. Measure
the ambient room temperature at 1-minute intervals during these
periods, except for the soak-in period. Measure the ambient room
temperature once before beginning the soak-in period, and ensure no
actions are taken during the soak-in period that would cause the
ambient room temperature to deviate from the allowable range. Measure
the ambient room temperature at the vertical mid-point of the water
heater and approximately 2 feet from the water heater jacket. Shield
the sensor against radiation. Calculate the average ambient room
temperature separately for the thermal efficiency test and standby loss
test. During the thermal efficiency and standby loss tests, the ambient
room temperature must not vary by more than 5.0 [deg]F at
any reading from the average ambient room temperature.
3.4. Test Air Temperature. During the steady-state verification
period, the thermal efficiency test, and the standby loss test, the
test air temperature must not vary by more than 5 [deg]F
from the ambient room temperature at any reading. Measure the test air
temperature at 1-minute intervals during these periods and at a
location within two feet of the air inlet of the water heater or the
combustion air intake vent, as applicable. Shield the
[[Page 79326]]
sensor against radiation. For units with multiple air inlets, measure
the test air temperature at each air inlet, and maintain the specified
tolerance on deviation from the ambient room temperature at each air
inlet. For units without a dedicated air inlet, measure the test air
temperature within two feet of any location on the water heater where
combustion air is drawn.
3.5. Maximum Air Draft. During the steady-state verification
period, the thermal efficiency test, and the standby loss test, the
water heater must be located in an area protected from drafts of more
than 50 ft/min. Prior to beginning the steady-state verification period
and the standby loss test, measure the air draft within three feet of
the jacket or enclosure of the water heater to ensure this condition is
met. Ensure that no other changes that would increase the air draft are
made to the test set-up or conditions during the conduct of the tests.
3.6. Setting the Tank Thermostat. Before starting the steady-state
verification period (as applicable) or before the soak-in period (as
applicable), the thermostat setting must first be obtained by starting
with the water in the system at 70 [deg]F 2 [deg]F. Set
the thermostat to ensure:
3.6.1. With the supply water temperature set as per section 3.1.2
of this appendix (i.e., 70 [deg]F 2 [deg]F), the water
flow rate can be varied so that the outlet water temperature is
constant at 70 [deg]F 2 [deg]F above the supply water
temperature while the burner is firing at full firing rate; and
3.6.2. After the water supply is turned off and the thermostat
reduces the fuel supply to a minimum, the maximum water temperature
measured by the topmost tank temperature sensor (i.e., the highest of
the 6 temperature sensors used for calculating mean tank temperature,
as required by section 2.3 of this appendix) is 140 [deg]F
5 [deg]F.
3.7. Additional Requirements for Oil-Fired Equipment.
3.7.1. Venting Requirements. Connect a vertical length of flue pipe
to the flue gas outlet of sufficient height so as to meet the minimum
draft specified by the manufacturer.
3.7.2. Oil Supply. Adjust the burner rate so that the following
conditions are met:
3.7.2.1. The CO2 reading is within the range specified
by the manufacturer;
3.7.2.2. The fuel pump pressure is within 10 percent
of manufacturer's specifications;
3.7.2.3. If either the fuel pump pressure or range for
CO2 reading are not specified by the manufacturer on the
nameplate of the unit, in literature shipped with the unit, or in
supplemental test report instructions included with a certification
report, then a default value of 100 psig is to be used for fuel pump
pressure, and a default range of 9-12 percent is to be used for
CO2 reading; and
3.7.2.4. Smoke in the flue does not exceed No. 1 smoke as measured
by the procedure in ASTM D2156-09 (Reapproved 2013) (incorporated by
reference, see Sec. 431.105). To determine the smoke spot number,
connect the smoke measuring device to an open-ended tube. This tube
must project into the flue \1/4\ to \1/2\ of the pipe diameter.
3.7.2.5. If no settings on the water heater have been changed and
the water heater has not been turned off since the end of a previously
run thermal efficiency or standby loss test, measurement of the
CO2 reading and conduct of the smoke spot test are not
required prior to beginning a test. Otherwise, measure the
CO2 reading and determine the smoke spot number, with the
burner firing, before the beginning of the steady-state verification
period prior to the thermal efficiency test, and prior to beginning the
standby loss test.
3.8. Data Collection Intervals. Follow the data recording intervals
specified in the following sections.
3.8.1. Soak-In Period. For units that require a soak-in period,
measure the ambient room temperature, in [deg]F, prior to beginning the
soak-in period.
3.8.2. Steady-State Verification Period and Thermal Efficiency
Test. For the steady-state verification period and the thermal
efficiency test, follow the data recording intervals specified in Table
3.1 of this appendix.
Table 3.1--Data To Be Recorded Before and During the Steady-State Verification Period and Thermal Efficiency
Test
----------------------------------------------------------------------------------------------------------------
Before steady-state
Item recorded verification period Every 1 minute \a\ Every 10 minutes
----------------------------------------------------------------------------------------------------------------
Gas supply pressure, in w.c......... X.......................
Gas outlet pressure, in w.c......... X.......................
Barometric pressure, in Hg.......... X.......................
Fuel higher heating value, Btu/ft\3\ X.......................
(gas) or Btu/lb (oil).
Oil pump pressure, psig (oil only).. X.......................
CO2 reading, % (oil only)........... X \b\..................
Oil smoke spot reading (oil only)... X \b\..................
Air draft, ft/min................... X.......................
Time, minutes/seconds............... ........................ X......................
Fuel weight or volume, lb (oil) or ........................ ....................... X \c\
ft\3\ (gas).
Supply water temperature (TSWT), ........................ X......................
[deg]F.
Outlet water temperature (TOWT), ........................ X......................
[deg]F.
Ambient room temperature, [deg]F.... ........................ X......................
Test air temperature, [deg]F........ ........................ X......................
Water flow rate, (gpm).............. ........................ X......................
----------------------------------------------------------------------------------------------------------------
Notes:
\a\ These measurements are to be recorded at the start of the steady-state verification period and the end of
the thermal efficiency test, as well as every minute during both periods.
\b\ The smoke spot test and CO2 reading are not required prior to beginning the steady-state verification period
if no settings on the water heater have been changed and the water heater has not been turned off since the
end of a previously-run efficiency test (i.e., thermal efficiency or standby loss).
\c\ Fuel and electricity consumption over the course of the entire thermal efficiency test must be measured and
used in calculation of thermal efficiency.
[[Page 79327]]
3.8.3. Standby Loss Test. For the standby loss test, follow the
data recording intervals specified in Table 3.2 of this appendix.
Additionally, the fuel and electricity consumption over the course of
the entire test must be measured and used in calculation of standby
loss.
Table 3.2--Data To Be Recorded Before and During the Standby Loss Test
------------------------------------------------------------------------
Item recorded Before test Every 1 minute \a\
------------------------------------------------------------------------
Gas supply pressure, in w.c.... X.................. ..................
Gas outlet pressure, in w.c.... X.................. ..................
Barometric pressure, in Hg..... X.................. ..................
Fuel higher heating value, Btu/ X.................. ..................
ft \3\ (gas) or Btu/lb (oil).
Oil pump pressure, psig (oil X.................. ..................
only).
CO2 reading, % (oil only)...... X \b\.............. ..................
Oil smoke spot reading (oil X \b\.............. ..................
only).
Air draft, ft/min.............. X.................. ..................
Time, minutes/seconds.......... ................... X
Mean tank temperature, [deg]F.. ................... X \c\
Ambient room temperature, ................... X
[deg]F.
Test air temperature, [deg]F... ................... X
------------------------------------------------------------------------
Notes:
\a\ These measurements are to be recorded at the start and end of the
test, as well as every minute during the test.
\b\ The smoke spot test and CO2 reading are not required prior to
beginning the standby loss test if no settings on the water heater
have been changed and the water heater has not been turned off since
the end of a previously-run efficiency test (i.e., thermal efficiency
or standby loss).
\c\ Mean tank temperature is calculated as the average of the 6 tank
temperature sensors, installed per section 2.3 of this appendix.
4. Determination of Storage Volume. Determine the storage volume by
subtracting the tare weight, measured while the system is dry and
empty, from the weight of the system when filled with water and
dividing the resulting net weight of water by the density of water at
the measured water temperature. The volume of the water contained in
the water heater must be computed in gallons.
5. Thermal Efficiency Test. Before beginning the steady-state
verification period, record the applicable parameters as specified in
section 3.8.2 of this appendix. Begin drawing water from the unit by
opening the main supply, and adjust the water flow rate to achieve an
outlet water temperature of 70[emsp14][deg]F
2[emsp14][deg]F above supply water temperature. The thermal efficiency
test shall be deemed complete when there is a continuous, one-hour-long
period where the steady-state conditions specified in section 5.1 of
this appendix have been met, as confirmed by consecutive readings of
the relevant parameters recorded at 1-minute intervals (except for fuel
input rate, which is determined at 10-minute intervals, as specified in
section 5.4 of this appendix). During the one-hour-long period, the
water heater must fire continuously at its full firing rate (i.e., no
modulations or cut-outs) and no settings can be changed on the unit
being tested at any time. The first 30 minutes of the one-hour-period
where the steady-state conditions in section 5.1 of this appendix are
met is the steady-state verification period. The final 30 minutes of
the one-hour-period where the steady-state conditions in section 5.1 of
this appendix are met is the thermal efficiency test. The last reading
of the steady-state verification period must be the first reading of
the thermal efficiency test (i.e., the thermal efficiency test starts
immediately once the steady-state verification period ends).
5.1. Steady-State Conditions. The following conditions must be met
at consecutive readings taken at 1-minute intervals (except for fuel
input rate, for which measurements are taken at 10-minute intervals) to
verify the water heater has achieved steady-state operation during the
steady-state verification period and thermal efficiency test.
5.1.1. The water flow rate must be maintained within
0.25 gallons per minute (gpm) of the initial reading at the start of
the steady-state verification period;
5.1.2. Outlet water temperature must be maintained at 70 [deg]F
2 [deg]F above supply water temperature;
5.1.3. Fuel input rate must be maintained within 2
percent of the rated input certified by the manufacturer;
5.1.4. The supply water temperature must be maintained within
0.50 [deg]F of the initial reading at the start of the
steady-state verification period; and
5.1.5. The rise between the supply and outlet water temperatures
must be maintained within 0.50 [deg]F of its initial value
taken at the start of the steady-state verification period for units
with rated input less than 500,000 Btu/h, and maintained within 1.00 [deg]F of its initial value for units with rated input
greater than or equal to 500,000 Btu/h.
5.2. Water Flow Measurement. Measure the total weight of water
heated during the 30-minute thermal efficiency test with either a scale
or a water flow meter. With either method, the error of measurement of
weight of water heated must not exceed 1 percent of the weight of the
total draw.
5.3. Determination of Fuel Input Rate. During the steady-state
verification period and the thermal efficiency test, record the fuel
consumed at 10-minute intervals. Calculate the fuel input rate over
each 10-minute period using the equations in section 5.4 of this
appendix. The measured fuel input rates for these 10-minute periods
must not vary by more than 2 percent between any two
readings. Determine the overall fuel input rate using the fuel
consumption for the entire duration of the thermal efficiency test.
5.4. Fuel Input Rate Calculation. To calculate the fuel input rate,
use the following equation:
[GRAPHIC] [TIFF OMITTED] TR10NO16.014
Where,
Q = Fuel input rate, expressed in Btu/h
Qs = Total fuel flow as metered, expressed in ft\3\ for
gas-fired equipment and lb for oil-fired equipment
Cs = Correction applied to the heating value of a gas H,
when it is metered at temperature and/or pressure conditions other
than the standard conditions for which the value of H is based. Cs=1
for oil-fired equipment.
H = Higher heating value of fuel, expressed in Btu/ft\3\ for gas-
fired equipment and Btu/lb for oil-fired equipment.
t = Duration of measurement of fuel consumption
[[Page 79328]]
5.5. Thermal Efficiency Calculation. Thermal efficiency must be
calculated using data from the 30-minute thermal efficiency test.
Calculate thermal efficiency, Et, using the following
equation:
[GRAPHIC] [TIFF OMITTED] TR10NO16.015
Where,
K = 1.004 Btu/lb[middot][deg]F, the nominal specific heat of water
at 105 [deg]F
W = Total weight of water heated, expressed in lb
[thetas]1 = Average supply water temperature, expressed
in [deg]F
[thetas]2 = Average outlet water temperature, expressed
in [deg]F
Q = Total fuel flow as metered, expressed in ft\3\ for gas-fired
equipment and lb for oil-fired equipment.
Cs = Correction applied to the heating value of a gas H,
when it is metered at temperature and/or pressure conditions other
than the standard conditions for which the value of H is based.
Cs=1 for oil-fired equipment
H. = Higher heating value of the fuel, expressed in Btu/ft\3\ for
gas-fired equipment and Btu/lb for oil-fired equipment.
Ec = Electrical consumption of the water heater and, when
used, the test set-up recirculating pump, expressed in Btu
6. Standby Loss Test
6.1. If no settings on the water heater have changed and the water
heater has not been turned off since a previously run thermal
efficiency or standby loss test, skip to section 6.3 of this appendix.
Otherwise, conduct the soak-in period according to section 6.2 of this
appendix.
6.2. Soak-In Period. Conduct a soak-in period, in which the water
heater must sit without any draws taking place for at least 12 hours.
Begin the soak-in period after setting the tank thermostat as specified
in section 3.6 of this appendix, and maintain these thermostat settings
throughout the soak-in period.
6.3. Begin the standby loss test at the first cut-out following the
end of the soak-in period (if applicable); or at a cut-out following
the previous thermal efficiency or standby loss test (if applicable).
Allow the water heater to remain in standby mode. Do not change any
settings on the water heater at any point until measurements for the
standby loss test are finished. Begin recording the applicable
parameters specified in section 3.8.3 of this appendix.
6.4. At the second cut-out, record the time and ambient room
temperature, and begin measuring the fuel and electricity consumption.
Record the initial mean tank temperature and initial ambient room
temperature. For the remainder of the test, continue recording the
applicable parameters specified in section 3.8.3 of this appendix.
6.5. Stop the test after the first cut-out that occurs after 24
hours, or at 48 hours, whichever comes first.
6.6. Immediately after conclusion of the standby loss test, record
the total fuel flow and electrical energy consumption, the final
ambient room temperature, the duration of the standby loss test, and if
the test ends at 48 hours without a cut-out, the final mean tank
temperature, or if the test ends after a cut-out, the maximum mean tank
temperature that occurs after the cut-out. Calculate the average of the
recorded values of the mean tank temperature and of the ambient room
temperature taken at each measurement interval, including the initial
and final values.
6.7. Standby Loss Calculation. To calculate the standby loss,
follow the steps below:
6.7.1. The standby loss expressed as a percentage (per hour) of the
heat content of the stored water above room temperature must be
calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR10NO16.016
Where,
[Delta]T3 = Average value of the mean tank temperature
minus the average value of the ambient room temperature, expressed
in [deg]F
[Delta]T4 = Final mean tank temperature measured at the
end of the test minus the initial mean tank temperature measured at
the start of the test , expressed in [deg]F
k = 8.25 Btu/gallon[middot][deg]F, the nominal specific heat of
water
Va = Volume of water contained in the water heater in
gallons measured in accordance with section 4 of this appendix
Et = Thermal efficiency of the water heater determined in
accordance with this appendix, expressed in %
Ec = Electrical energy consumed by the water heater
during the duration of the test in Btu
t = Total duration of the test in hours
Cs = Correction applied to the heating value of a gas H,
when it is metered at temperature and/or pressure conditions other
than the standard conditions for which the value of H is based.
Cs=1 for oil-fired equipment.
Qs = Total fuel flow as metered, expressed in ft\3\ (gas)
or lb (oil)
H = Higher heating value of fuel, expressed in Btu/ft\3\ (gas) or
Btu/lb (oil)
S = Standby loss, the average hourly energy required to maintain the
stored water temperature expressed as a percentage of the heat
content of the stored water above room temperature
6.7.2. The standby loss expressed in Btu per hour must be
calculated as follows:
SL (Btu per hour) = S (% per hour) x 8.25 (Btu/gal-[deg]F) x
Measured Volume (gal) x 70 ([deg]F).
Where, SL refers to the standby loss of the water heater, defined
as the amount of energy required to maintain the stored water
temperature expressed in Btu per hour
14. Add appendix B to subpart G of part 431 to read as follows:
Appendix B to Subpart G of Part 431--Uniform Test Method for the
Measurement of Standby Loss of Electric Storage Water Heaters and
Storage-Type Instantaneous Water Heaters
Note: Prior to November 6, 2017, manufacturers must make any
representations with respect to the energy use or efficiency of the
subject commercial water heating equipment in accordance with the
results of testing pursuant to this appendix or the procedures in 10
CFR 431.106 that were in place on January 1, 2016. On and after
November 6, 2017, manufacturers must make any representations with
respect to energy use or efficiency of electric storage water heaters
and storage-type instantaneous water heaters in accordance with the
results of testing pursuant to this appendix to demonstrate compliance
with the energy conservation standards at 10 CFR 431.110.
[[Page 79329]]
1. General
Determine the standby loss in accordance with the following
sections of this appendix. Certain sections reference sections of Annex
E.1 of ANSI Z21.10.3-2015 (incorporated by reference; see Sec.
431.105). Where the instructions contained in the sections below
conflict with instructions in Annex E.1 of ANSI Z21.10.3-2015, the
instructions contained in this appendix control.
2. Test Set-Up
2.1. Placement of Water Heater. A water heater for installation on
combustible floors must be placed on a \3/4\-inch plywood platform
supported by three 2 x 4-inch runners. If the water heater is for
installation on noncombustible floors, suitable noncombustible material
must be placed on the platform. When the use of the platform for a
large water heater is not practical, the water heater may be placed on
any suitable flooring. A wall-mounted water heater must be mounted on a
simulated wall section.
2.2. Installation of Temperature Sensors. Inlet and outlet piping
must be turned vertically downward from the connections on a tank-type
water heater so as to form heat traps. Temperature sensors for
measuring supply water temperature must be installed upstream of the
inlet heat trap piping, in accordance with Figure 2.1, 2.2, or 2.3 (as
applicable) of this appendix.
The water heater must meet the requirements shown in either Figure
2.1, 2.2, or 2.3 (as applicable) at all times during the conduct of the
standby loss test. Any factory-supplied heat traps must be installed
per the installation instructions while ensuring the requirements in
Figure 2.1, 2.2, or 2.3 are met. All dimensions specified in Figure
2.1, 2.2, and 2.3 are measured from the outer surface of the pipes and
water heater outer casing (as applicable).
[[Page 79330]]
[GRAPHIC] [TIFF OMITTED] TR10NO16.017
[[Page 79331]]
[GRAPHIC] [TIFF OMITTED] TR10NO16.018
2.3. Installation of Temperature Sensors for Measurement of Mean
Tank Temperature. Install temperature sensors inside the tank for
measurement of mean tank temperature according to the instructions in
paragraph f of Annex E.1 of ANSI Z21.10.3-2015 (incorporated by
reference; see Sec. 431.105 rt). Calculate the mean tank temperature
as the average of the six installed temperature sensors.
2.4. Piping Insulation. Insulate all water piping external to the
water heater jacket, including heat traps and piping that is installed
by the manufacturer or shipped with the unit, for at least 4 ft of
piping length from the connection at the appliance, with material
having an R-value not less than 4 [deg]F[middot]ft\2\[middot]h/Btu.
Ensure that the insulation does not contact any appliance surface
except at the location where the pipe connections penetrate the
appliance jacket or enclosure.
2.5. Temperature and Pressure Relief Valve Insulation. If the
manufacturer or has not provided a temperature and pressure relief
valve, one shall be installed and insulated as specified in section 2.4
of this appendix.
2.6. Energy Consumption. Install equipment that determines, within
1 percent, the quantity of electricity consumed by
factory-supplied water heater components.
3. Test Conditions
3.1. Water Supply
3.1.1. Water Supply Pressure. The pressure of the water supply must
be maintained between 40 psi and the maximum pressure specified by the
manufacturer of the unit being tested. The accuracy of the pressure-
measuring devices must be within 1.0 pounds per square
inch (psi).
3.1.2. Water Supply Temperature. When filling the tank with water
prior to the soak-in period, maintain the supply water temperature at
70 [deg]F 2[emsp14][deg]F.
3.1.3. Isolate the water heater using a shutoff valve in the supply
line with an expansion tank installed in the supply line downstream of
the shutoff valve. There must be no shutoff means between the expansion
tank and the appliance inlet.
3.2. Electrical Supply. Maintain the electrical supply voltage to
within 5 percent of the voltage specified on the water
heater nameplate. If a voltage range is specified on the nameplate,
maintain the voltage to within 5 percent of the center of
the voltage range specified on the nameplate.
3.3. Ambient Room Temperature. During the soak-in period and the
standby loss test, maintain the ambient room temperature at 75 [deg]F
10 [deg]F at all times. Measure the ambient room
temperature at 1-minute intervals during these periods, except for the
soak-in period. Measure the ambient room temperature once before
beginning the soak-in period, and ensure no actions are taken during
the soak-in period that would cause the ambient room temperature to
deviate from the allowable range. Measure the ambient room temperature
at the vertical mid-point of the water heater and approximately 2 feet
from the water heater jacket. Shield the sensor against radiation.
Calculate the average ambient room temperature for the standby loss
test. During the standby loss test, the ambient room temperature must
not vary by more than 5.0 [deg]F at any reading from the
average ambient room temperature.
3.4. Maximum Air Draft. During the standby loss test, the water
heater must be located in an area protected from drafts of more than 50
ft/min. Prior to beginning the standby loss test, measure the air draft
within three feet of the jacket of the water heater to ensure this
condition is met. Ensure that no other changes that would increase the
air draft are made to the test set-up or conditions during the conduct
of the test.
3.5. Setting the Tank Thermostat(s). Before starting the required
soak-in period, the thermostat setting(s) must first be obtained as
explained in the following sections. The thermostat setting(s) must be
obtained by starting with the tank full of water at 70 [deg]F 2 [deg]F. After the tank is completely filled with water at 70
[deg]F 2 [deg]F, turn off the water flow, and set the
thermostat(s) as follows.
3.5.1. For water heaters with a single thermostat, the thermostat
setting must be set so that the maximum mean tank temperature after
cut-out is 140 [deg]F 5 [deg]F.
3.5.2. For water heaters with multiple adjustable thermostats, set
only the
[[Page 79332]]
topmost and bottommost thermostats, and turn off any other thermostats
for the duration of the standby loss test. Set the topmost thermostat
first to yield a maximum mean water temperature after cut-out of
140[emsp14][deg]F 5[emsp14][deg]F, as calculated using
only the temperature readings measured at locations in the tank higher
than the heating element corresponding to the topmost thermostat (the
lowermost heating element corresponding to the topmost thermostat if
the thermostat controls more than one element). While setting the
topmost thermostat, all lower thermostats must be turned off so that no
elements below that (those) corresponding to the topmost thermostat are
in operation. After setting the topmost thermostat, set the bottommost
thermostat to yield a maximum mean water temperature after cut-out of
140[emsp14][deg]F 5[emsp14][deg]F. When setting the
bottommost thermostat, calculate the mean tank temperature using all
the temperature sensors installed in the tank as per section 2.3 of
this appendix.
3.6. Data Collection Intervals. Follow the data recording intervals
specified in the following sections.
3.6.1. Soak-In Period. Measure the ambient room temperature, in
[deg]F, every minute during the soak-in period.
3.6.2. Standby Loss Test. Follow the data recording intervals
specified in Table 3.1 of this appendix. Additionally, the electricity
consumption over the course of the entire test must be measured and
used in calculation of standby loss.
Table 3.1--Data To Be Recorded Before and During the Standby Loss Test
------------------------------------------------------------------------
Every 1 minute
Item recorded Before test \a\
------------------------------------------------------------------------
Air draft, ft/min.............. X.................. ..................
Time, minutes/seconds.......... ................... X
Mean tank temperature, [deg]F.. ................... X \b\
Ambient room temperature, ................... X
[deg]F.
------------------------------------------------------------------------
Notes:
\a\ These measurements are to be recorded at the start and end of the
test, as well as every minute during the test.
\b\ Mean tank temperature is calculated as the average of the 6 tank
temperature sensors, installed per section 2.3 of this appendix.
4. Determination of Storage Volume. Determine the storage volume by
subtracting the tare weight, measured while the system is dry and
empty, from the weight of the system when filled with water and
dividing the resulting net weight of water by the density of water at
the measured water temperature. The volume of water contained in the
water heater must be computed in gallons.
5. Standby Loss Test
5.1. If no settings on the water heater have changed and the water
heater has not been turned off since a previously run standby loss
test, skip to section 5.3 of this appendix. Otherwise, conduct the
soak-in period according to section 5.2 of this appendix.
5.2. Soak-In Period. Conduct a soak-in period, in which the water
heater must sit without any draws taking place for at least 12 hours.
Begin the soak-in period after setting the tank thermostat(s) as
specified in section 3.5 of this appendix, and maintain these settings
throughout the soak-in period.
5.3. Begin the standby loss test at the first cut-out following the
end of the soak-in period (if applicable), or at a cut-out following
the previous standby loss test (if applicable). Allow the water heater
to remain in standby mode. At this point, do not change any settings on
the water heater until measurements for the standby loss test are
finished. Begin recording applicable parameters as specified in section
3.6.2 of this appendix.
5.4. At the second cut-out, record the time and ambient room
temperature, and begin measuring the electric consumption. Record the
initial mean tank temperature and initial ambient room temperature. For
the remainder of the test, continue recording the applicable parameters
specified in section 3.6.2 of this appendix.
5.5. Stop the test after the first cut-out that occurs after 24
hours, or at 48 hours, whichever comes first.
5.6. Immediately after conclusion of the standby loss test, record
the total electrical energy consumption, the final ambient room
temperature, the duration of the standby loss test, and if the test
ends at 48 hours without a cut-out, the final mean tank temperature, or
if the test ends after a cut-out, the maximum mean tank temperature
that occurs after the cut-out. Calculate the average of the recorded
values of the mean tank temperature and of the ambient air temperatures
taken at each measurement interval, including the initial and final
values.
5.7. Standby Loss Calculation. To calculate the standby loss,
follow the steps below:
5.7.1 The standby loss expressed as a percentage (per hour) of the
heat content of the stored water above room temperature must be
calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR10NO16.019
Where,
[Delta]T3 = Average value of the mean tank temperature
minus the average value of the ambient room temperature, expressed
in [deg]F
[Delta]T4 = Final mean tank temperature measured at the
end of the test minus the initial mean tank temperature measured at
the start of the test, expressed in [deg]F
k = 8.25 Btu/gallon[middot][deg]F, the nominal specific heat of
water
Va = Volume of water contained in the water heater in
gallons measured in accordance with section 4 of this appendix
Et = Thermal efficiency = 98 percent for electric water
heaters with immersed heating elements
Ec = Electrical energy consumed by the water heater
during the duration of the test in Btu
t = Total duration of the test in hours
S = Standby loss, the average hourly energy required to maintain the
stored water temperature expressed as a percentage of the heat
content of the stored water above room temperature
0
15. Add appendix C to subpart G of part 431 to read as follows:
Appendix C to Subpart G of Part 431--Uniform Test Method for the
Measurement of Thermal Efficiency and Standby Loss of Gas-Fired and
Oil-Fired Instantaneous Water Heaters and Hot Water Supply Boilers
(Other Than Storage-Type Instantaneous Water Heaters)
Note: Prior to November 6, 2017, manufacturers must make any
representations with respect to the energy use or efficiency of the
subject commercial water heating equipment in accordance with the
results of testing pursuant to this appendix or the procedures in 10
CFR 431.106 that were in place on January 1, 2016. On and after
November 6, 2017, manufacturers must make any
[[Page 79333]]
representations with respect to energy use or efficiency of gas-
fired and oil-fired instantaneous water heaters and hot water supply
boilers (other than storage-type instantaneous water heaters) in
accordance with the results of testing pursuant to this appendix to
demonstrate compliance with the energy conservation standards at 10
CFR 431.110.
1. General
Determine the thermal efficiency and standby loss (as applicable)
in accordance with the following sections of this appendix. Certain
sections reference sections of Annex E.1 of ANSI Z21.10.3-2015
(incorporated by reference; see Sec. 431.105). Where the instructions
contained in the sections below conflict with instructions in Annex E.1
of ANSI Z21.10.3-2015, the instructions contained in this appendix
control.
2. Test Set-Up
2.1. Placement of Water Heater. A water heater for installation on
combustible floors must be placed on a \3/4\-inch plywood platform
supported by three 2 x 4-inch runners. If the water heater is for
installation on noncombustible floors, suitable noncombustible material
must be placed on the platform. When the use of the platform for a
large water heater is not practical, the water heater may be placed on
any suitable flooring. A wall-mounted water heater must be mounted on a
simulated wall section.
2.2. Test Configuration. If the instantaneous water heater or hot
water supply boiler is not required to be tested using a recirculating
loop, then set up the unit in accordance with Figures 2.1, 2.2, or 2.3
of this appendix (as applicable). If the unit is required to be tested
using a recirculating loop, then set up the unit as per Figure 2.4 of
this appendix.
BILLING CODE 6450-01-P
[[Page 79334]]
[GRAPHIC] [TIFF OMITTED] TR10NO16.020
[[Page 79335]]
[GRAPHIC] [TIFF OMITTED] TR10NO16.021
2.2.1. If the instantaneous water heater or hot water supply boiler
does not have any external piping, install an outlet water valve within
10 inches of piping length of the water heater jacket or enclosure. If
the instantaneous water
[[Page 79336]]
heater or hot water supply boiler includes external piping assembled at
the manufacturer's premises prior to shipment, install water valves in
the outlet piping within 5 inches of the end of the piping supplied
with the unit.
2.2.2. If the water heater is not able to achieve an outlet water
temperature of 70[emsp14][deg]F 2[emsp14][deg]F
(TOWT) above the supply water temperature at full firing
rate, a recirculating loop with pump as shown in Figure 2.4 of this
appendix must be used.
2.2.2.1. If a recirculating loop with a pump is used, then ensure
that the inlet water temperature labeled as TIWT in Figure
2.4 of this appendix, is greater than or equal to 70[emsp14][deg]F and
less than or equal to 120[emsp14][deg]F at all times during the thermal
efficiency test and steady-state verification period (as applicable).
2.3. Installation of Temperature Sensors
2.3.1. Without Recirculating Loop.
2.3.1.1. Vertical Connections. Use Figure 2.1 (for top connections)
and 2.2 (for bottom connections) of this appendix.
2.3.1.2. Horizontal Connections. Use Figure 2.3 of this appendix.
2.3.2. With Recirculating Loop. Set up the recirculating loop as
shown in Figure 2.4 of this appendix.
2.3.3. For water heaters with multiple outlet water connections
leaving the water heater jacket that are required to be operated to
achieve the rated input, temperature sensors must be installed for each
outlet water connection leaving the water heater jacket or enclosure
that is used during testing, in accordance with the provisions in
sections 2.3.1 and 2.3.2 of this appendix (as applicable).
2.4. Piping Insulation. Insulate all water piping external to the
water heater jacket or enclosure, including piping that is installed by
the manufacturer or shipped with the unit, for at least 4 ft of piping
length from the connection at the appliance with material having an R-
value not less than 4[emsp14][deg]F[middot]ft\2\[middot]h/Btu. Ensure
that the insulation does not contact any appliance surface except at
the location where the pipe connections penetrate the appliance jacket
or enclosure.
2.5. Temperature and Pressure Relief Valve Insulation. If the
manufacturer has not provided a temperature and pressure relief valve,
one shall be installed and insulated as specified in section 2.4 of
this appendix. The temperature and pressure relief valve must be
installed in the outlet water piping, between the unit being tested and
the outlet water valve.
2.6. Vent Requirements. Follow the requirements for venting
arrangements specified in paragraph c of Annex E.1 of ANSI Z21.10.3-
2015 (incorporated by reference; see Sec. 431.105).
2.7. Energy Consumption. Install equipment that determines, within
1 percent:
2.7.1. The quantity and rate of fuel consumed.
2.7.2. The quantity of electricity consumed by factory-supplied
water heater components, and of the test loop recirculating pump, if
used.
3. Test Conditions
3.1. Water Supply
3.1.1. Water Supply Pressure. The pressure of the water supply must
be maintained between 40 psi and the maximum pressure specified by the
manufacturer of the unit being tested. The accuracy of the pressure-
measuring devices must be within 1.0 psi.
3.1.2. Water Supply Temperature. During the thermal efficiency test
and steady-state verification period (as applicable), the temperature
of the supply water (TSWT) must be maintained at
70[emsp14][deg]F 2[emsp14][deg]F.
3.2. Gas Pressure for Gas-Fired Equipment. The supply gas pressure
must be within the range specified by the manufacturer on the nameplate
of the unit being tested. The difference between the outlet pressure of
the gas appliance pressure regulator and the value specified by the
manufacturer on the nameplate of the unit being tested must not exceed
the greater of: 10 percent of the nameplate value or
0.2 inches water column (in. w.c.). Obtain the higher
heating value of the gas burned.
3.3. Ambient Room Temperature. Maintain the ambient room
temperature at 75[emsp14][deg]F 10[emsp14][deg]F at all
times during the steady-state verification period, the thermal
efficiency test, and the standby loss test (as applicable). Measure the
ambient room temperature at 1-minute intervals during these periods.
Measure the ambient room temperature at the vertical mid-point of the
water heater and approximately 2 feet from the water heater jacket or
enclosure. Shield the sensor against radiation. Calculate the average
ambient room temperature separately for the thermal efficiency test and
the standby loss test. During the thermal efficiency and standby loss
tests, the ambient room temperature must not vary by more than 5.0[emsp14][deg]F at any reading from the average ambient room
temperature.
3.4. Test Air Temperature. During the steady-state verification
period, the thermal efficiency test, and the standby loss test (as
applicable), the test air temperature must not vary by more than 5[emsp14][deg]F from the ambient room temperature at any
reading. Measure the test air temperature at 1-minute intervals during
these periods and at a location within two feet of the air inlet of the
water heater or the combustion air intake vent, as applicable. Shield
the sensor against radiation. For units with multiple air inlets,
measure the test air temperature at each air inlet, and maintain the
specified tolerance on deviation from the ambient room temperature at
each air inlet. For units without a dedicated air inlet, measure the
test air temperature within two feet of any location on the water
heater where combustion air is drawn.
3.5. Maximum Air Draft. During the steady-state verification
period, the thermal efficiency test, and the standby loss test (as
applicable), the water heater must be located in an area protected from
drafts of more than 50 ft/min. Prior to beginning the steady-state
verification period and the standby loss test, measure the air draft
within three feet of the jacket or enclosure of the water heater to
ensure this condition is met. Ensure that no other changes that would
increase the air draft are made to the test set-up or conditions during
the conduct of the tests.
3.6. Primary Control
3.6.1. Thermostatically-Activated Water Heaters With an Internal
Thermostat. Before starting the thermal efficiency test and the standby
loss test (unless the thermostat is already set before the thermal
efficiency test), the thermostat setting must be obtained. Set the
thermostat to ensure:
3.6.1.1. With supply water temperature set as per section 3.1.2 of
this appendix (i.e., 70[emsp14][deg]F 2[emsp14][deg]F) the
water flow rate can be varied so that the outlet water temperature is
constant at 70[emsp14][deg]F 2[emsp14][deg]F above the
supply water temperature, while the burner is firing at full firing
rate; and
3.6.1.2. After the water supply is turned off and the thermostat
reduces the fuel supply to a minimum, the maximum heat exchanger outlet
water temperature (TOHX) is 140[emsp14][deg]F
5[emsp14][deg]F.
3.6.1.3. If the water heater includes a built-in safety mechanism
that prevents it from achieving a heat exchanger outlet water
temperature of 140[emsp14][deg]F 5[emsp14][deg]F, adjust
the thermostat to its maximum setting.
3.6.2. Flow-Activated Instantaneous Water Heaters and
Thermostatically-Activated Instantaneous Water Heaters With an External
Thermostat. Energize the primary control such that it is always calling
for heating and the burner is firing at the full firing rate. Maintain
the supply water temperature as per section 3.1.2 of this appendix
[[Page 79337]]
(i.e., 70[emsp14][deg]F 2[emsp14][deg]F). Set the control
so that the outlet water temperature (TOWT) is
140[emsp14][deg]F 5[emsp14][deg]F. If the water heater
includes a built-in safety mechanism that prevents it from achieving a
heat exchanger outlet water temperature of 140[emsp14][deg]F 5[emsp14][deg]F, adjust the control to its maximum setting.
3.7. Units With Multiple Outlet Water Connections
3.7.1. For each connection leaving the water heater that is
required for the unit to achieve the rated input, the outlet water
temperature must not differ from that of any other outlet water
connection by more than 2[emsp14][deg]F during the steady-state
verification period and thermal efficiency test.
3.7.2. Determine the outlet water temperature representative for
the entire unit at every required measurement interval by calculating
the average of the outlet water temperatures measured at each
connection leaving the water heater jacket or enclosure that is used
during testing. Use the outlet water temperature representative for the
entire unit in all calculations for the thermal efficiency and standby
loss tests, as applicable.
3.8. Additional Requirements for Oil-Fired Equipment.
3.8.1. Venting Requirements. Connect a vertical length of flue pipe
to the flue gas outlet of sufficient height so as to meet the minimum
draft specified by the manufacturer.
3.8.2. Oil Supply. Adjust the burner rate so that the following
conditions are met:
3.8.2.1. The CO2 reading is within the range specified
by the manufacturer;
3.8.2.2. The fuel pump pressure is within 10 percent
of manufacturer's specifications;
3.8.2.3. If either the fuel pump pressure or range for
CO2 reading are not specified by the manufacturer on the
nameplate of the unit, in literature shipped with the unit, or in
supplemental test report instructions included with a certification
report, then a default value of 100 psig is to be used for fuel pump
pressure, and a default range of 9-12 percent is to be used for
CO2 reading; and
3.8.2.4. Smoke in the flue does not exceed No. 1 smoke as measured
by the procedure in ASTM D2156-09 (Reapproved 2013) (incorporated by
reference, see Sec. 431.105). To determine the smoke spot number, the
smoke measuring device shall be connected to an open-ended tube. This
tube must project into the flue \1/4\ to \1/2\ of the pipe diameter.
3.8.2.5. If no settings on the water heater have been changed and
the water heater has not been turned off since the end of a previously
run thermal efficiency (or standby loss test for thermostatically-
activated instantaneous water heaters with an internal thermostat),
measurement of the CO2 reading and conduct of the smoke spot
test are not required prior to beginning a test. Otherwise, measure the
CO2 reading and determine the smoke spot number, with the
burner firing, before beginning measurements for the steady-state
verification period (prior to beginning the thermal efficiency test or
standby loss test, as applicable). However, measurement of the
CO2 reading and conduct of the smoke spot test are not
required for the standby loss test for thermostatically-activated
instantaneous water heaters with an external thermostat and flow-
activated instantaneous water heaters.
3.9. Data Collection Intervals. Follow the data recording intervals
specified in the following sections.
3.9.1. Steady-State Verification Period and Thermal Efficiency
Test. For the steady-state verification period and the thermal
efficiency test, follow the data recording intervals specified in Table
3.1 of this appendix. These data recording intervals must also be
followed if conducting a steady-state verification period prior to
conducting the standby loss test.
Table 3.1--Data To Be Recorded Before and During the Steady-State Verification Period and Thermal Efficiency
Test
----------------------------------------------------------------------------------------------------------------
Before steady-state
Item recorded verification period Every 1 minute \a\ Every 10 minutes
----------------------------------------------------------------------------------------------------------------
Gas supply pressure, in w.c......... X....................... ....................... .......................
Gas outlet pressure, in w.c......... X....................... ....................... .......................
Barometric pressure, in Hg.......... X....................... ....................... .......................
Fuel higher heating value, Btu/ft X....................... ....................... .......................
\3\ (gas) or Btu/lb (oil).
Oil pump pressure, psig (oil only).. X....................... ....................... .......................
CO2 reading, % (oil only)........... X \b\................... ....................... .......................
Oil smoke spot reading (oil only)... X \b\................... ....................... .......................
Air draft, ft/min................... X....................... ....................... .......................
Time, minutes/seconds............... ........................ X...................... .......................
Fuel weight or volume, lb (oil) or ........................ ....................... X\c\
ft \3\ (gas).
Supply water temperature (TSWT), ........................ X...................... .......................
[deg]F.
Inlet water temperature (TIWT), ........................ X \d\.................. .......................
[deg]F.
Outlet water temperature (TOWT), ........................ X...................... .......................
[deg]F.
Ambient room temperature, [deg]F.... ........................ X...................... .......................
Test air temperature, [deg]F........ ........................ X...................... .......................
Water flow rate, gpm................ ........................ X...................... .......................
----------------------------------------------------------------------------------------------------------------
Notes:
\a\ These measurements are to be recorded at the start and end of both the steady-state verification period and
the thermal efficiency test, as well as every minute during both periods.
\b\ The smoke spot test and CO2 reading are not required prior to beginning the steady-state verification period
if no settings on the water heater have been changed and the water heater has not been turned off since the
end of a previously-run efficiency test (i.e., thermal efficiency or standby loss).
\c\ Fuel and electricity consumption over the course of the entire thermal efficiency test must be measured and
used in calculation of thermal efficiency.
\d\ Only measured when a recirculating loop is used.
[[Page 79338]]
3.9.2. Standby Loss Test. For the standby loss test, follow the
data recording intervals specified in Table 3.2 of this appendix.
(Follow the data recording intervals specified in Table 3.1 of this
appendix of the steady-state verification period, if conducted prior to
the standby loss test.) Additionally, the fuel and electricity
consumption over the course of the entire test must be measured and
used in calculation of standby loss.
Table 3.2--Data To Be Recorded Before and During the Standby Loss Test
------------------------------------------------------------------------
Item recorded Before test Every 1 minute \a\
-----------------------------------------------------------------------
Gas supply pressure, in w.c... X................. ..................
Gas outlet pressure, in w.c... X................. ..................
Barometric pressure, in Hg.... X................. ..................
Fuel higher heating value, Btu/ X................. ..................
ft \3\ (gas) or Btu/lb (oil).
Oil pump pressure, psig (oil X................. ..................
only).
Air draft, ft/min............. X................. ..................
Time, minutes/seconds......... .................. X.................
Heat exchanger outlet water .................. X.................
temperature (TOHX), [deg]F.
Ambient room temperature, .................. X.................
[deg]F.
Test air temperature, [deg]F.. .................. X.................
Water flow rate, gpm.......... X \b\............. ..................
Inlet water temperature X \b\............. ..................
(TIWT), [deg]F.
------------------------------------------------------------------------
Notes:
\a\ These measurements are to be recorded at the start and end of the
test, as well as every minute during the test.
\b\ The water flow rate and supply water temperature and inlet water
temperature (if a recirculating loop is used) must be measured during
the steady-state verification period at 1-minute intervals. After the
steady-state verification period ends, flow rate, supply water
temperature, and inlet water temperature (if measured) are not
required to be measured during the standby loss test, as there is no
flow occurring during the standby loss test.
4. Determination of Storage Volume. Determine the storage volume by
subtracting the tare weight, measured while the system is dry and
empty, from the weight of the system when filled with water and
dividing the resulting net weight of water by the density of water at
the measured water temperature. The volume of water contained in the
water heater must be computed in gallons.
5. Fuel Input Rate
5.1. Determination of Fuel Input Rate. During the steady-state
verification period and thermal efficiency test, as applicable, record
the fuel consumption at 10-minute intervals. Calculate the fuel input
rate for each 10-minute period using the equations in section 5.2 of
this appendix. The measured fuel input rates for these 10-minute
periods must not vary by more than 2 percent between any
two readings. Determine the overall fuel input rate using the fuel
consumption for the entire duration of the thermal efficiency test.
5.2. Fuel Input Rate Calculation. To calculate the fuel input rate,
use the following equation:
[GRAPHIC] [TIFF OMITTED] TR10NO16.022
Where:
Q = Fuel input rate, expressed in Btu/h
Qs = Total fuel flow as metered, expressed in ft\3\ for
gas-fired equipment and lb for oil-fired equipment
Cs = Correction applied to the heating value of a gas H,
when it is metered at temperature and/or pressure conditions other
than the standard conditions for which the value of H is based.
Cs=1 for oil-fired equipment.
H = Higher heating value of the fuel, expressed as Btu/ft\3\ for
gas-fired equipment and Btu/lb for oil-fired equipment.
t = Duration of measurement of fuel consumption
6. Thermal Efficiency Test. Before beginning the steady-state
verification period, record the applicable parameters as specified in
section 3.9.1 of this appendix. Begin drawing water from the unit by
opening the main supply and outlet water valve, and adjust the water
flow rate to achieve an outlet water temperature of 70 [deg]F 2 [deg]F above supply water temperature. The thermal efficiency
test shall be deemed complete when there is a continuous, one-hour-long
period where the steady-state conditions specified in section 6.1 of
this appendix have been met, as confirmed by consecutive readings of
the relevant parameters at 1-minute intervals (except for fuel input
rate, which is determined at 10-minute intervals, as specified in
section 5.1 of this appendix). During the one-hour-long period, the
water heater must fire continuously at its full firing rate (i.e., no
modulation or cut-outs) and no settings can be changed on the unit
being tested at any time. The first 30 minutes of the one-hour-period
where the steady-state conditions in section 6.1 of this appendix are
met is the steady-state verification period. The final 30 minutes of
the one-hour-period where the steady-state conditions in section 6.1 of
this appendix are met is the thermal efficiency test. The last reading
of the steady-state verification period must be the first reading of
the thermal efficiency test (i.e., the thermal efficiency test starts
immediately once the steady-state verification period ends).
6.1. Steady-State Conditions. The following conditions must be met
at consecutive readings taken at 1-minute intervals (except for fuel
input rate, for which measurements are taken at 10-minute intervals) to
verify the water heater has achieved steady-state operation during the
steady-state verification period and the thermal efficiency test.
6.1.1. The water flow rate must be maintained within
0.25 gallons per minute (gpm) of the initial reading at the start of
the steady-state verification period.
6.1.2. Outlet water temperature must be maintained at 70 [deg]F
2 [deg]F above supply water temperature.
6.1.3. Fuel input rate must be maintained within 2
percent of the rated input certified by the manufacturer.
6.1.4. The supply water temperature (TSWT) (or inlet
water temperature (TIWT) if a recirculating loop is used)
must be maintained within 0.50 [deg]F of the initial
reading at the start of the steady-state verification period.
6.1.5. The rise between supply (or inlet if a recirculating loop is
used) and outlet water temperatures must be maintained within 0.50 [deg]F of its initial value taken at the start of the
steady-
[[Page 79339]]
state verification period for units with rated input less than 500,000
Btu/h, and maintained within 1.00 [deg]F of its initial
value for units with rated input greater than or equal to 500,000 Btu/
h.
6.2. Water Flow Measurement. Measure the total weight of water
heated during the 30-minute thermal efficiency test with either a scale
or a water flow meter. With either method, the error of measurement of
weight of water heated must not exceed 1 percent of the weight of the
total draw.
6.3. Thermal Efficiency Calculation. Thermal efficiency must be
calculated using data from the 30-minute thermal efficiency test.
Calculate thermal efficiency, Et, using the following
equation:
[GRAPHIC] [TIFF OMITTED] TR10NO16.023
Where:
K = 1.004 Btu/lb[middot][deg]F, the nominal specific heat of water
at 105 [deg]F
W = Total weight of water heated, lb
[theta]1 = Average supply water temperature, expressed in
[deg]F
[theta]2 = Average outlet water temperature, expressed in
[deg]F
Q = Total fuel flow as metered, expressed in ft\3\ (gas) or lb (oil)
Cs = Correction applied to the heating value of a gas H,
when it is metered at temperature and/or pressure conditions other
than the standard conditions for which the value of H is based.
Cs=1 for oil-fired equipment.
H = Higher heating value of the fuel, expressed in Btu/ft\3\ (gas)
or Btu/lb (oil)
Ec = Electrical consumption of the water heater and, when
used, the test set-up recirculating pump, expressed in Btu
7. Standby Loss Test. If the standby loss test is conducted
immediately after a thermal efficiency test and no settings or
conditions have been changed since the completion of the thermal
efficiency test, then skip to section 7.2 or 7.3 of this appendix (as
applicable). Otherwise, perform the steady-state verification in
section 7.1 of this appendix. For thermostatically-activated
instantaneous water heaters with an internal thermostat, use section
7.2 of this appendix to conduct the standby loss test, and for flow-
activated and/or thermostatically-activated instantaneous water heaters
with an external thermostat use section 7.3 of this appendix to conduct
the standby loss test.
7.1. Steady-State Verification Period. For water heaters where the
standby loss test is not conducted immediately following the thermal
efficiency test, the steady-state verification period must be conducted
before starting the standby loss test. Set the primary control in
accordance with section 3.6 of this appendix, such that the primary
control is always calling for heat and the water heater is firing
continuously at the full firing rate (i.e., no modulation or cut-outs).
Begin drawing water from the unit by opening the main supply and the
outlet water valve, and adjust the water flow rate to achieve an outlet
water temperature of 70[emsp14][deg]F 2[emsp14][deg]F
above supply water temperature. The steady-state verification period is
complete when there is a continuous 30-minute period where the steady-
state conditions specified in section 7.1.1 of this appendix are met,
as confirmed by consecutive readings of the relevant parameters
recorded at 1-minute intervals (except for fuel input rate, which is
determined at 10-minute intervals, as specified in section 5.1 of this
appendix).
7.1.1. Steady-State Conditions. The following conditions must be
met at consecutive readings taken at 1-minute intervals (except for
fuel input rate, for which measurements are taken at 10-minute
intervals) to verify the water heater has achieved steady-state
operation during the steady-state verification period prior to
conducting the standby loss test.
7.1.1.1. The water flow rate must be maintained within
0.25 gallons per minute (gpm) of the initial reading at the start of
the steady-state verification period;
7.1.1.2. Fuel input rate must be maintained within 2
percent of the rated input certified by the manufacturer;
7.1.1.3. The supply water temperature (TSWT) (or inlet
water temperature (TIWT) if a recirculating loop is used)
must be maintained within 0.50[emsp14][deg]F of the
initial reading at the start of the steady-state verification period;
and
7.1.1.4. The rise between the supply (or inlet if a recirculating
loop is used) and outlet water temperatures must be maintained within
0.50[emsp14][deg]F of its initial value taken at the start
of the steady-state verification period for units with rated input less
than 500,000 Btu/h, and maintained within
1.00[emsp14][deg]F of its initial value for units with rated input
greater than or equal to 500,000 Btu/h.
7.2. Thermostatically-Activated Instantaneous Water Heaters with an
Internal Thermostat. For water heaters that will experience cut-in
based on a temperature-activated control that is internal to the water
heater, use the following steps to conduct the standby loss test.
7.2.1. Immediately after the thermal efficiency test or the steady-
state verification period (as applicable), turn off the outlet water
valve(s) (installed as per the provisions in section 2.2 of this
appendix), and the water pump (if applicable) simultaneously and ensure
that there is no flow of water through the water heater.
7.2.2. After the first cut-out following the end of the thermal
efficiency test or steady-state verification period (as applicable),
allow the water heater to remain in standby mode. Do not change any
settings on the water heater at any point until measurements for the
standby loss test are finished. Begin recording the applicable
parameters specified in section 3.9.2 of this appendix.
7.2.3. At the second cut-out, record the time and ambient room
temperature, and begin measuring the fuel and electricity consumption.
Record the initial heat exchanger outlet water temperature
(TOHX) and initial ambient room temperature. For the
remainder of the test, continue recording the applicable parameters
specified in section 3.9.2 of this appendix.
7.2.4. Stop the test after the first cut-out that occurs after 24
hours, or at 48 hours, whichever comes first.
7.2.5. Immediately after conclusion of the standby loss test,
record the total fuel flow and electrical energy consumption, the final
ambient room temperature, the duration of the standby loss test, and if
the test ends at 48 hours without a cut-out, the final heat exchanger
outlet temperature, or if the test ends after a cut-out, the maximum
heat exchanger outlet temperature that occurs after the cut-out.
Calculate the average of the recorded values of the heat exchanger
outlet water temperature and the ambient room temperature taken at each
measurement interval, including the initial and final values.
7.2.6. Standby Loss Calculation. To calculate the standby loss,
follow the steps below:
7.2.6.1. The standby loss expressed as a percentage (per hour) of
the heat content of the stored water above room temperature must be
calculated using the following equation:
[[Page 79340]]
[GRAPHIC] [TIFF OMITTED] TR10NO16.024
Where:
[Delta]T3 = Average value of the heat exchanger outlet
water temperature (TOHX) minus the average value of the
ambient room temperature, expressed in [deg]F
[Delta]T4 = Final heat exchanger outlet water temperature
(TOHX) measured at the end of the test minus the initial
heat exchanger outlet water temperature (TOHX) measured
at the start of the test, expressed in [deg]F
K = 8.25 Btu/gallon[middot][deg]F, the nominal specific heat of
water
Va = Volume of water contained in the water heater in
gallons measured in accordance with section 4 of this appendix
Et = Thermal efficiency of the water heater determined in
accordance with section 6 of this appendix, expressed in %
Ec = Electrical energy consumed by the water heater
during the duration of the test in Btu
T = Total duration of the test in hours
Cs = Correction applied to the heating value of a gas H,
when it is metered at temperature and/or pressure conditions other
than the standard conditions for which the value of H is based.
Cs=1 for oil-fired equipment.
Qs = Total fuel flow as metered, expressed in ft\3\ (gas)
or lb (oil)
H = Higher heating value of gas or oil, expressed in Btu/ft\3\ (gas)
or Btu/lb (oil)
S = Standby loss, the average hourly energy required to maintain the
stored water temperature expressed as a percentage of the initial
heat content of the stored water above room temperature
7.2.6.2. The standby loss expressed in Btu per hour must be
calculated as follows:
SL (Btu per hour) = S (% per hour) x 8.25 (Btu/gal-[deg]F) x
Measured Volume (gal) x 70 ([deg]F).
Where, SL refers to the standby loss of the water heater, defined
as the amount of energy required to maintain the stored water
temperature expressed in Btu per hour.
7.3. Flow-Activated and Thermostatically-Activated Instantaneous
Water Heaters with an External Thermostat. For water heaters that are
either flow-activated or thermostatically-activated with an external
thermostat, use the following steps to conduct the standby loss test.
7.3.1. Immediately after the thermal efficiency test or the steady-
state verification period (as applicable), de-energize the primary
control to end the call for heating. If the main burners do not cut
out, then turn off the fuel supply.
7.3.1.1. If the unit does not have an integral pump purge
functionality, then turn off the outlet water valve and water pump at
this time.
7.3.1.2. If the unit has an integral pump purge functionality,
allow the pump purge operation to continue. After the pump purge
operation is complete, immediately turn off the outlet water valve and
water pump and continue recording the required parameters for the
remainder of the test.
7.3.2. Recording Data
7.3.2.1. For units with pump purge functionality, record the
initial heat exchanger outlet water temperature (TOHX), and
ambient room temperature when the main burner(s) cut-out or the fuel
supply is turned off. After the pump purge operation is complete,
record the time as t = 0 and the initial electricity meter reading.
Continue to monitor and record the heat exchanger outlet water
temperature (TOHX) and time elapsed from the start of the
test, and the electricity consumption as per the requirements in
section 3.9.2 of this appendix.
7.3.2.2. For units not equipped with pump purge functionality,
begin recording the measurements as per the requirements of section
3.9.2 of this appendix when the main burner(s) cut-out or the fuel
supply is turned off. Specifically, record the time as t = 0, and
record the initial heat exchanger outlet water temperature
(TOHX), ambient room temperature, and electricity meter
readings. Continue to monitor and record the heat exchanger outlet
water temperature (TOHX) and the time elapsed from the start
of the test as per the requirements in section 3.9.2 of this appendix.
7.3.3. Stopping Criteria. Stop the test when one of the following
occurs:
7.3.3.1. The heat exchanger outlet water temperature
(TOHX) decreases by 35[emsp14][deg]F from its value recorded
immediately after the main burner(s) has cut-out, and the pump purge
operation (if applicable) is complete; or
7.3.3.2. 24 hours have elapsed from the start of the test.
7.3.4. At the end of the test, record the final heat exchanger
outlet water temperature (TOHX), fuel consumed, electricity
consumed from time t=0, and the time elapsed from the start of the
test.
7.3.5. Standby Loss Calculation
7.3.5.1. Once the test is complete, use the following equation to
calculate the standby loss as a percentage (per hour) of the heat
content of the stored water above room temperature:
[GRAPHIC] [TIFF OMITTED] TR10NO16.025
Where,
[Delta]T1 = Heat exchanger outlet water temperature
(TOHX) measured after the pump purge operation is
complete (if the unit is integrated with pump purge functionality);
or after the main burner(s) cut-out (if the unit is not equipped
with pump purge functionality) minus heat exchanger outlet water
temperature (TOHX) measured at the end of the test,
expressed in [deg]F
[Delta]T2 = Heat exchanger outlet water temperature
(TOHX) minus the ambient temperature, both measured after
the main burner(s) cut-out, at the start of the test, expressed in
[deg]F
K = 8.25 Btu/gallon[middot][deg]F, the nominal specific heat of
water
Va = Volume of water contained in the water heater in
gallons measured in accordance with section 4 of this appendix
Et = Thermal efficiency of the water heater determined in
accordance with section 6 of this appendix, expressed in %
Ec = Electrical energy consumed by the water heater
during the duration of the test in Btu
t = Total duration of the test in hours
S = Standby loss, the average hourly energy required to maintain the
stored water temperature expressed as a percentage of the initial
heat content of the stored water above room temperature
7.3.5.2. The standby loss expressed in terms of Btu per hour must
be calculated as follows:
SL (Btu per hour) = S (% per hour) x 8.25 (Btu/gal-[deg]F) x
Measured Volume (gal) x 70 ([deg]F)
Where, SL refers to the standby loss of the water heater, defined
as the amount of energy required to maintain the stored water
temperature expressed in Btu per hour.
16. Add appendix D to subpart G of part 431 to read as follows:
Appendix D to Subpart G of Part 431--Uniform Test Method for the
Measurement of Standby Loss of Electric Instantaneous Water Heaters
(Other Than Storage-Type Instantaneous Water Heaters)
Note: Prior to November 6, 2017, manufacturers must make any
representations with respect to the energy use or efficiency of the
subject
[[Page 79341]]
commercial water heating equipment in accordance with the results of
testing pursuant to this appendix or the procedures in 10 CFR 431.106
that were in place on January 1, 2016. On and after November 6, 2017,
manufacturers must make any representations with respect to energy use
or efficiency of electric instantaneous water heaters (other than
storage-type instantaneous water heaters) in accordance with the
results of testing pursuant to this appendix to demonstrate compliance
with the energy conservation standards at 10 CFR 431.110.
1. General
Determine the standby loss (as applicable) in accordance with the
following sections of this appendix.
2. Test Set-Up
2.1. Placement of Water Heater. A water heater for installation on
combustible floors must be placed on a \3/4\-inch plywood platform
supported by three 2 x 4-inch runners. If the water heater is for
installation on noncombustible floors, suitable noncombustible material
must be placed on the platform. When the use of the platform for a
large water heater is not practical, the water heater may be placed on
any suitable flooring. A wall-mounted water heater must be mounted on a
simulated wall section.
2.2. Test Configuration. If the instantaneous water heater is not
required to be tested using a recirculating loop, then set up the unit
in accordance with Figure 2.1, 2.2, or 2.3 of this appendix (as
applicable). If the unit is required to be tested using a recirculating
loop, then set up the unit as per Figure 2.4 of this appendix.
BILLING CODE 6450-01-P
[[Page 79342]]
[GRAPHIC] [TIFF OMITTED] TR10NO16.026
[[Page 79343]]
[GRAPHIC] [TIFF OMITTED] TR10NO16.027
BILLING CODE 6450-01-C
2.2.1. If the instantaneous water heater does not have any external
piping, install an outlet water valve within 10 inches of the piping
length of the water heater jacket or enclosure. If the instantaneous
water heater includes external piping assembled at the manufacturer's
premises prior to
[[Page 79344]]
shipment, install water valves in the outlet piping within 5 inches of
the end of the piping supplied with the unit.
2.2.2. If the water heater is not able to achieve an outlet water
temperature of 70[emsp14][deg]F 2[emsp14][deg]F above the
supply water temperature at a constant maximum electricity input rate,
a recirculating loop with pump as shown in Figure 2.4 of this appendix
must be used.
2.2.2.1. If a recirculating loop with a pump is used, then ensure
that the inlet water temperature (labeled as TIWT in Figure
2.4 of this appendix) is greater than or equal to 70 [deg]F and less
than or equal to 120 [deg]F at all times during the steady-state
verification period.
2.3. Installation of Temperature Sensors
2.3.1. Without Recirculating Loop
2.3.1.1. Vertical Connections. Use Figure 2.1 (for top connections)
and 2.2 (for bottom connections) of this appendix.
2.3.1.2. Horizontal Connections. Use Figure 2.3 of this appendix.
2.3.2. With Recirculating Loop. Set up the recirculating loop as
shown in Figure 2.4 of this appendix.
2.3.3. For water heaters with multiple outlet water connections
leaving the water heater jacket that are required to be operated to
achieve the rated input, temperature sensors must be installed for each
outlet water connection leaving the water heater jacket or enclosure
that is used during testing, in accordance with sections 2.3.1 and
2.3.2 of this appendix.
2.4. Piping Insulation. Insulate all the water piping external to
the water heater jacket or enclosure, including piping that is
installed by the manufacturer or shipped with the unit, for at least 4
ft of piping length from the connection at the appliance with material
having an R-value not less than 4 [deg]F[middot]f \t2\[middot]h/Btu.
Ensure that the insulation does not contact any appliance surface
except at the location where the pipe connections penetrate the
appliance jacket or enclosure.
2.5. Temperature and Pressure Relief Valve Insulation. If the
manufacturer has not provided a temperature and pressure relief valve,
one shall be installed and insulated as specified in section 2.4 of
this appendix. The temperature and pressure relief valve must be
installed in the outlet water piping between the unit being tested and
the outlet water valve.
2.6. Energy Consumption. Install equipment that determines, within
1 percent, the quantity of electricity consumed by
factory-supplied water heater components, and of the test loop
recirculating pump, if used.
3. Test Conditions
3.1. Water Supply
3.1.1. Water Supply Pressure. The pressure of the water supply must
be maintained between 40 psi and the maximum pressure specified by the
manufacturer of the unit being tested. The accuracy of the pressure-
measuring devices must be 1.0 psi.
3.1.2. Water Supply Temperature. During the steady-state
verification period, the temperature of the supply water
(TSWT) must be maintained at 70 [deg]F 2
[deg]F.
.2. Electrical Supply. Maintain the electrical supply voltage to
within 5 percent of the voltage specified on the water
heater nameplate. If a voltage range is specified on the nameplate,
maintain the voltage to within 5 percent of the center of
the voltage range specified on the nameplate.
3.3. Ambient Room Temperature. Maintain the ambient room
temperature at 75[deg]F 10 [deg]F at all times during the
steady-state verification period and the standby loss test. Measure the
ambient room temperature at 1-minute intervals during these periods.
Measure the ambient room temperature at the vertical mid-point of the
water heater and approximately 2 feet from the water heater jacket or
enclosure. Shield the sensor against radiation. Calculate the average
ambient room temperature for the standby loss test. During the standby
loss test, the ambient room temperature must not vary more than 5.0 [deg]F at any reading from the average ambient room
temperature.
3.4. Maximum Air Draft. During the steady-state verification period
and the standby loss test, the water heater must be located in an area
protected from drafts of more than 50 ft/min. Prior to beginning
steady-state verification before the standby loss test, measure the air
draft within three feet of the jacket or enclosure of the water heater
to ensure this condition is met. Ensure that no other changes that
would increase the air draft are made to the test set-up or conditions
during the conduct of the test.
3.5. Primary Control
3.5.1. Thermostatically-Activated Water Heaters with an Internal
Thermostat. Before starting the steady-state verification prior to the
standby loss test, the thermostat setting must be obtained. Set the
thermostat to ensure:
3.5.1.1. With supply water temperature as per section 3.1.2 of this
appendix (i.e., 70 [deg]F 2 [deg]F) the water flow rate
can be varied so that the outlet water temperature is constant at 70
[deg]F 2 [deg]F above the supply water temperature, while
the heating element is operating at the rated input.
3.5.1.2. After the water supply is turned off and the thermostat
reduces the electricity supply to the heating element to a minimum, the
maximum heat exchanger outlet water temperature (TOHX) is
140 [deg]F 5 [deg]F.
3.5.1.3. If the water heater includes a built-in safety mechanism
that prevents it from achieving a heat exchanger outlet water
temperature of 140 [deg]F 5 [deg]F, adjust the thermostat
to its maximum setting.
3.5.2. Flow-Activated Instantaneous Water Heaters and
Thermostatically-Activated Instantaneous Water Heaters with an External
Thermostat. Before starting the steady-state verification prior to the
standby loss test energize the primary control such that it is always
calling for heating and the heating element is operating at the rated
input. Maintain the supply water temperature as per section 3.1.2 of
this appendix (i.e., 70 [deg]F 2 [deg]F). Set the control
so that the outlet water temperature (TOWT) is 140 [deg]F
5 [deg]F. If the water heater includes a built-in safety
mechanism that prevents it from achieving a heat exchanger outlet water
temperature of 140 [deg]F 5 [deg]F, adjust the control to
its maximum setting.
3.6. For Units With Multiple Outlet Water Connections
3.6.1. For each connection leaving the water heater that is
required for the unit to achieve the rated input, the outlet water
temperature must not differ from that of any other outlet water
connection by more than 2 [deg]F during the steady-state verification
period prior to the standby loss test.
3.6.2. Determine the outlet water temperature representative for
the entire unit at every required measurement interval by calculating
the average of the outlet water temperatures measured at each
connection leaving the water heater jacket or enclosure that is used
during testing. Use the outlet water temperature representative for the
entire unit in all calculations for the standby loss test.
3.7. Data Collection Intervals. During the standby loss test,
follow the data recording intervals specified in Table 3.1 of this
appendix. Also, the electricity consumption over the course of the
entire test must be measured and used in calculation of standby loss.
3.7.1. Steady-State Verification Period. Follow the data recording
intervals specified in Table 3.1 of this appendix.
[[Page 79345]]
Table 3.1--Data to be Recorded Before and During the Steady-State Verification Period
----------------------------------------------------------------------------------------------------------------
Before steady-state
Item recorded verification period Every 1 minute \a\ Every 10 minutes
----------------------------------------------------------------------------------------------------------------
Air draft, ft/min................... X.......................
Time, minutes/seconds............... ........................ X......................
Electricity Consumed, Btu........... ........................ ....................... X
Supply water temperature (TSWT), ........................ X......................
[deg]F.
Inlet water temperature (TIWT), ........................ X \b\..................
[deg]F.
Outlet water temperature (TOWT), ........................ X......................
[deg]F.
Ambient room temperature, [deg]F.... ........................ X......................
Water flow rate, (gpm).............. ........................ X......................
----------------------------------------------------------------------------------------------------------------
Notes:
\a\ These measurements are to be recorded at the start and end, as well as every minute of the steady-state
verification period.
\b\ Only measured when a recirculating loop is used.
3.7.2. Standby Loss Test. Follow the data recording intervals
specified in Table 3.2 of this appendix. Additionally, the electricity
consumption over the course of the entire test must be measured and
used in calculation of standby loss.
Table 3.2--Data to be Recorded Before and During the Standby Loss Test
------------------------------------------------------------------------
Item recorded Before test Every 1 minute \a\
------------------------------------------------------------------------
Air draft, ft/min.............. X..................
Time, minutes/seconds.......... ................... X
Heat exchanger outlet water ................... X
temperature, [deg]F (TOHX).
Ambient room temperature, ................... X
[deg]F.
------------------------------------------------------------------------
Note:
\a\ These measurements are to be recorded at the start and end of the
test, as well as every minute during the test.
4. Determination of Storage Volume. Determine the storage volume by
subtracting the tare weight--measured while the system is dry and
empty--from the weight of the system when filled with water and
dividing the resulting net weight of water by the density of water at
the measured water temperature. The volume of water contained in the
water heater must be computed in gallons.
5. Standby Loss Test. Perform the steady-state verification period
in accordance with section 5.1 of this appendix. For thermostatically-
activated instantaneous water heaters with an internal thermostat, use
section 5.2 of this appendix to conduct the standby loss test, and for
flow-activated and/or thermostatically-activated instantaneous water
heaters with an external thermostat (including remote thermostatically
activated and/or flow-activated instantaneous water heaters), use
section 5.3 of this appendix to conduct the standby loss test.
Set the primary control in accordance with section 3.5 of this
appendix, such that the primary control is always calling for heat and
the water heater is operating at its full rated input. Begin drawing
water from the unit by opening the main supply and the outlet water
valve, and adjust the water flow rate to achieve an outlet water
temperature of 70 [deg]F 2 [deg]F above supply water
temperature. At this time, begin recording the parameters specified in
section 3.7.1 of this appendix. The steady-state verification period is
complete when there is a continuous 30-minute period where the steady-
state conditions specified in section 5.1 of this appendix are met, as
confirmed by consecutive readings of the relevant parameters recorded
at 1-minute intervals (except for electric power input rate, which is
determined at 10-minute intervals, as specified in section 3.7.1 of
this appendix).
5.1. Steady-State Conditions. The following conditions must be met
at consecutive readings taken at 1-minute intervals (except for
electricity input rate, for which measurements are taken at 10-minute
intervals) to verify the water heater has achieved steady-state
operation prior to conducting the standby loss test.
5.1.1. The water flow rate must be maintained within
0.25 gallons per minute (gpm) of the initial reading at the start of
the steady-state verification period;
5.1.2. Electric power input rate must be maintained within 2
percent of the rated input certified by the manufacturer.
5.1.3. The supply water temperature (or inlet water temperature if
a recirculating loop is used) must be maintained within
0.50 [deg]F of the initial reading at the start of the steady-state
verification period; and
5.1.4. The rise between the supply (or inlet if a recirculating
loop is used) and outlet water temperatures is maintained within 0.50[emsp14][deg]F of its initial value taken at the start of
the steady-state verification period for units with rated input less
than 500,000 Btu/h, and maintained within
1.00[emsp14][deg]F of its initial value for units with rated input
greater than or equal to 500,000 Btu/h.
5.2. Thermostatically-Activated Instantaneous Water Heaters with an
Internal Thermostat. For water heaters that will experience cut-in
based on a temperature-activated control that is internal to the water
heater, use the following steps to conduct the standby loss test.
5.2.1. Immediately after the steady-state verification period, turn
off the outlet water valve(s) (installed as per the provisions in
section 2.2 of this appendix), and the water pump (if applicable)
simultaneously and ensure that there is no flow of water through the
water heater.
5.2.2. After the first cut-out following the steady-state
verification period,
[[Page 79346]]
allow the water heater to remain in standby mode. Do not change any
settings on the water heater at any point until measurements for the
standby loss test are finished. Begin recording the applicable
parameters specified in section 3.7.2 of this appendix.
5.2.3. At the second cut-out, record the time and ambient room
temperature, and begin measuring the electricity consumption. Record
the initial heat exchanger outlet water temperature (TOHX)
and initial ambient room temperature. For the remainder of the test,
continue recording the applicable parameters specified in section 3.7.2
of this appendix.
5.2.4. Stop the test after the first cut-out that occurs after 24
hours, or at 48 hours, whichever comes first.
5.2.5. Immediately after conclusion of the standby loss test,
record the total electrical energy consumption, the final ambient room
temperature, the duration of the standby loss test, and if the test
ends at 48 hours without a cut-out, the final heat exchanger outlet
temperature, or if the test ends after a cut-out, the maximum heat
exchanger outlet temperature that occurs after the cut-out. Calculate
the average of the recorded values of the heat exchanger outlet water
temperature and of the ambient air temperatures taken at each
measurement interval, including the initial and final values.
5.2.6. Standby Loss Calculation. Calculate the standby loss,
expressed as a percentage (per hour) of the heat content of the stored
water above room temperature, using the following equation:
[GRAPHIC] [TIFF OMITTED] TR10NO16.028
Where,
[Delta]T3 = Average value of the heat exchanger outlet
water temperature (TOHX) minus the average value of the
ambient room temperature, expressed in [deg]F
[Delta]T4 = Final heat exchanger outlet water temperature
(TOHX) measured at the end of the test minus the initial
heat exchanger outlet water temperature (TOHX) measured
at the start of the test, expressed in [deg]F
k = 8.25 Btu/gallon[middot][deg]F, the nominal specific heat of
water
Va = Volume of water contained in the water heater in
gallons measured in accordance with section 4 of this appendix
Et = Thermal efficiency = 98 percent for electric water
heaters with immersed heating elements
Ec = Electrical energy consumed by the water heater
during the duration of the test in Btu
t = Total duration of the test in hours
S = Standby loss, the average hourly energy required to maintain the
stored water temperature expressed as a percentage of the initial
heat content of the stored water above room temperature
5.3. Flow-Activated and Thermostatically-Activated Instantaneous
Water Heaters with an External Thermostat. For water heaters that are
either flow-activated or thermostatically-activated with an external
thermostat, use the following steps to conduct the standby loss test:
5.3.1. Immediately after the steady-state verification period, de-
energize the primary control to end the call for heating. If the
heating elements do not cut out, then turn off the electricity supply
to the heating elements. After the heating elements have cut-out, or
the electricity supply to the heating elements is turned off, begin
recording the measurements as per the requirements in section 3.7.2 of
this appendix.
5.3.1.1. If the unit does not have an integral pump purge
functionality, then turn off the outlet water valve and water pump
immediately after the main burners cut-out.
5.3.1.2. If the unit has an integral pump purge functionality,
allow the pump purge operation to continue. After the pump purge
operation is complete, immediately turn off the outlet water valve and
water pump and continue recording the required parameters for the
remainder of the test.
5.3.2. Recording Data
5.3.2.1. For units with pump purge functionality, record the
initial heat exchanger outlet water temperature (TOHX), and
ambient room temperature when the main heating element(s) cut-out or
the electricity supply to the heating element(s) is turned off. After
the pump purge operation is complete, record the time as t = 0 and the
initial electricity meter reading. Continue to monitor and record the
heat exchanger outlet water temperature (TOHX) and time
elapsed from the start of the test as per the requirements in section
3.7.2 of this appendix.
5.3.2.2. For units not equipped with pump purge functionality,
begin recording the measurements as per the requirements of section
3.7.2 of this appendix when the main heating element(s) cut-out or the
electricity supply to the heating element(s) is turned off.
Specifically, record the time as t = 0, and record the initial heat
exchanger outlet water temperature (TOHX), ambient room
temperature, and electricity meter readings. Continue to monitor and
record the heat exchanger outlet water temperature (TOHX)
and the time elapsed from the start of the test as per the requirements
in section 3.7.2 of this appendix.
5.3.3. Stopping Criteria. Stop the test when one of the following
occurs:
5.3.3.1. The heat exchanger outlet water temperature
(TOHX) decreases by 35[emsp14][deg]F from its value recorded
after the main heating element(s) have cut-out, and the pump purge
operation (if applicable) is complete; or
5.3.3.2. 24 hours have elapsed from the start of the test.
5.3.4. At the end of the test, record the final heat exchanger
outlet water temperature (TOHX), electricity consumed from
time t = 0, and the time elapsed from the start of the test.
5.3.5. Standby Loss Calculation. Calculate the standby loss,
expressed as a percentage (per hour) of the heat content of the stored
water above room temperature, using the following equation:
[GRAPHIC] [TIFF OMITTED] TR10NO16.029
Where,
[Delta]T1 = Heat exchanger outlet water temperature
(TOHX) measured after the pump purge operation is
complete (if the unit is integrated with pump purge functionality);
or after the main heating element(s) cut-out (if the unit is not
equipped with pump purge functionality) minus heat exchanger outlet
water temperature (TOHX) measured at the end of the test,
expressed in [deg]F
[Delta]T2 = Heat exchanger outlet water temperature
(TOHX) minus the ambient room temperature, both measured
after the main heating element(s) cut-out at the start of the test,
expressed in [deg]F
k = 8.25 Btu/gallon[middot][deg]F, the nominal specific heat of
water
Va = Volume of water contained in the water heater in
gallons measured in accordance with section 4 of this appendix
Et = Thermal efficiency = 98 percent for electric water
heaters with immersed heating elements
Ec = Electrical energy consumed by the water heater
during the duration of the test in Btu
t = Total duration of the test in hours
S = Standby loss, the average hourly energy required to maintain the
stored water temperature expressed as a percentage of the initial
heat content of the stored water above room temperature
17. Add appendix E to subpart G of part 431 to read as follows:
Appendix E to Subpart G of Part 431--Uniform Test Method for the
Measurement of Energy Efficiency of Commercial Heat Pump Water Heaters
Note: On and after November 6, 2017, manufacturers must make any
[[Page 79347]]
representations with respect to energy use or efficiency of commercial
heat pump water heaters in accordance with the results of testing
pursuant to this appendix.
1. General. Determine the COPh for commercial heat pump
water heaters (CHPWHs) using the test procedure set forth below.
Certain sections below reference ANSI/ASHRAE 118.1-2012 (incorporated
by reference; see Sec. 431.105). Where the instructions contained
below differ from those contained in ANSI/ASHRAE 118.1-2012, the
sections in this appendix control.
2. Definitions and Symbols. The definitions and symbols are as
listed in section 3 of ANSI/ASHRAE 118.1-2012.
3. Instrumentation. The instruments required for the test are as
described in section 6 of ANSI/ASHRAE 118.1-2012 (except sections 6.3,
6.4, and 6.6).
4. Test Set-Up. Follow the provisions described in this section to
install the CHPWH for testing. Use the test set-up and installation
instructions set forth for Type IV and Type V equipment (as
applicable), defined in sections 4.4 and 4.5 of ANSI/ASHRAE 118.1-2012
and in accordance with the sections below:
4.1. Test set-up and installation instructions.
4.1.1. For air-source CHPWHs, set up the unit for testing as per
section 7.1 and Figure 5a of ANSI/ASHRAE 118.1-2012 for CHPWHs without
an integral storage tank, and as per Figure 6 in section 7.7.1 of ANSI/
ASHRAE 118.1-2012 for CHPWHs with an integral storage tank.
4.1.2. For direct geo-exchange CHPWHs, set up the unit for testing
as per section 7.1 and Figure 5b of ASNI/ASHRAE 118.1-2012 for CHPWHs
without an integral storage tank, and as per Figure 7 in section 7.7.2
of ANSI/ASHRAE 118.1-2012 for CHPWHs with an integral storage tank.
4.1.3. For indoor water-source, ground-source closed-loop, and
ground water-source CHPWHs, set up the unit for testing as per section
7.1 and Figure 5c of ANSI/ASHRAE 118.1-2012 for CHPWHs without an
integral storage tank, and as per Figure 8 in section 7.7.3 of ANSI/
ASHRAE 118.1-2012 for CHPWHs with an integral storage tank.
4.2. Use the water piping instructions described in section 7.2 of
ANSI/ASHRAE 118.1-2012 and the special instructions described in
section 7.7.6 of ANSI/ASHRAE 118.1-2012. Insulate all the pipes used
for connections with material having a thermal resistance of not less
than 4 h[middot][deg]F[middot]ft2/Btu for a total piping
length of not less than 4 feet from the water heater connection ports.
4.3. Install the thermocouples, including the room thermocouples,
as per the instructions in sections 7.3.1, 7.3.2, and 7.3.3 (as
applicable) of ANSI/ASHRAE 118.1-2012.
4.4. Section 7.6 of ANSI/ASHRAE 118.1-2012 must be used if the
manufacturer neither submits nor specifies a water pump applicable for
the unit for laboratory testing.
4.5. Install the temperature sensors at the locations specified in
Figure 5a, 5b, 5c, 6, 7, or 8 of ANSI/ASHRAE 118.1-2012, as applicable
as per section 4.1 of this appendix. The sensor shall be installed in
such a manner that the sensing portion of the device is positioned
within the water flow and as close as possible to the center line of
the pipe. Follow the instructions provided in sections 7.7.7.1 and
7.7.7.2 of ANSI/ASHRAE 118.1-2012 to install the temperature and flow-
sensing instruments.
4.6. Use the following evaporator side rating conditions as
applicable for each category of CHPWHs. These conditions are also
mentioned in Table 5.1 of this appendix:
4.6.1. For air-source CHPWHs, maintain the evaporator air entering
dry-bulb temperature at 80.6 [deg]F 1 [deg]F and wet-bulb
temperature at 71.2 [deg]F 1 [deg]F throughout the conduct
of the test.
4.6.2. For direct geo-exchange CHPWHs, maintain the evaporator
refrigerant temperature at 32 [deg]F 1 [deg]F.
4.6.3. For indoor water-source CHPWHs, maintain the evaporator
entering water temperature at 68 [deg]F 1 [deg]F.
4.6.4. For ground water-source CHPWHs, maintain the evaporator
entering water temperature at 50 [deg]F 1 [deg]F.
4.6.5. For ground-source closed-loop CHPWHs, maintain the
evaporator entering water temperature at 32 [deg]F 1
[deg]F.
4.6.5.1. For ground-source closed-loop CHPWHs, the evaporator water
must be mixed with 15-percent methanol by-weight to allow the solution
to achieve the rating conditions required in section 4.6.5.
4.7. The CHPWH being tested must be installed as per the
instructions specified in sections 4.1 to 4.6 (as applicable) of this
appendix. For all other installation requirements, use section 7.7.4 of
ANSI/ASHRAE 118.1-2012 to resolve any issues related to installation
(other than what is specified in this test procedure) of the equipment
for testing. Do not make any alterations to the equipment except as
specified in this appendix for installation, testing, and the
attachment of required test apparatus and instruments.
4.8. Use Table 3 of ANSI/ASHRAE 118.1-2012 for measurement
tolerances of various parameters.
4.9. If the CHPWH is equipped with a thermostat that is used to
control the throttling valve of the equipment, then use the provisions
in section 7.7.7.3 of ANSI/ASHRAE 118.1-2012 to set up the thermostat.
4.10. For CHPWHs equipped with an integral storage tank,
supplemental heat inputs such as electric resistance elements must be
disabled as per section 7.7.8 of ANSI/ASHRAE 118.1-2012.
4.11. Install instruments to measure the electricity supply to the
equipment as specified in section 7.5 of ANSI/ASHRAE 118.1-2012.
5. Test Procedure
Test all CHPWHs that are not equipped with an integral storage tank
as per the provisions described in ANSI/ASHRAE 118.1-2012 for ``Type
IV'' equipment as defined in section 4.4 of ANSI/ASHRAE 118.1-2012.
Test all CHPWHs that are equipped with an integral storage tank as per
the provisions described in ANSI/ASHRAE 118.1-2012 for ``Type V''
equipment as defined in section 4.5 of ANSI/ASHRAE 118.1-2012. Tests
for all CHPWHs must follow the steps described below.
5.1. Supply the CHPWH unit with electricity at the voltage
specified by the manufacturer. Follow the provisions in section 8.2.1
of ANSI/ASHRAE 118.1-2012 to maintain the electricity supply at the
required level.
5.1.1. For models with multiple voltages specified by the
manufacturer, use the minimum voltage specified by the manufacturer to
conduct the test. Maintain the voltage as per the limits specified in
section 8.2.1 of ANSI/ASHRAE 118.1-2012. The test may be repeated at
other voltages at the manufacturer's discretion.
5.2. Set the condenser supply water temperature and outlet water
temperature per the following provisions and as set forth in Table 5.1
of this section:
[[Page 79348]]
Table 5.1--Evaporator and Condenser Side Rating Conditions
------------------------------------------------------------------------
Evaporator side Condenser side rating
Category of CHPWH rating conditions conditions
------------------------------------------------------------------------
Air-source commercial heat Evaporator Entering water
pump water heater. entering air temperature: 70
conditions:. [deg]F
Dry bulb: 80.6 1 [deg]F. Vary water
[deg]F 1 [deg]F. needed) to achieve
Wet bulb: 71.2 the outlet water
[deg]F 1 [deg]F. specified in section
8.7.2 of ANSI/ASHRAE
118.1-2012.
If the required
outlet water
temperature as
specified in section
8.7.2 of ANSI/ASHRAE
118.1-2012 is not
met even after
varying the flow
rate, then change
the condenser
entering water
temperature to 110
[deg]F
1 [deg]F. Vary flow
rate to achieve the
conditions in
section 8.7.2 of
ANSI/ASHRAE 118.1-
2012.
Direct geo-exchange commercial Evaporator Entering water
heat pump water heater. refrigerant temperature: 110
temperature: 32 [deg]F
[deg]F 1 [deg]F.
Indoor water-source commercial Evaporator Entering water
heat pump water heater. entering water temperature: 110
temperature: 68 [deg]F
[deg]F 1 [deg]F.
Ground water-source commercial Evaporator Entering water
heat pump water heater. entering water temperature: 110
temperature: 50 [deg]F
[deg]F 1 [deg]F.
Ground-source closed-loop Evaporator Entering water
commercial heat pump water entering water temperature: 110
heater. temperature: 32 [deg]F
[deg]F 1 [deg]F.
------------------------------------------------------------------------
5.2.1. For air-source CHPWHs:
5.2.1.1. Set the supply water temperature to 70 [deg]F
1 [deg]F. The water pressure must not exceed the maximum working
pressure rating for the equipment under test.
5.2.1.2. Use the provisions in section 8.7.1 of ANSI/ASHRAE 118.1-
2012 to set the tank thermostat for CHPWHs equipped with an integral
storage tank.
5.2.1.3. Initiate operation at the rated pump flow rate and measure
the outlet water temperature. If the outlet water temperature is
maintained at 120 [deg]F 5 [deg]F with no variation in
excess of 2 [deg]F over a three-minute period, as required by section
8.7.2 of ANSI/ASHRAE 118.1-2012, skip to section 5.3 of this appendix.
5.2.1.4. If the outlet water temperature condition as specified in
section 8.7.2 of ANSI/ASHRAE 118.1-2012 is not achieved, adjust the
water flow rate over the range of the pump's capacity. If, after
varying the water flow rate, the outlet water temperature is maintained
at 120 [deg]F 5 [deg]F with no variation in excess of 2
[deg]F over a three-minute period, as required by section 8.7.2 of
ANSI/ASHRAE 118.1-2012, skip to section 5.3 of this appendix.
5.2.1.5. If, after adjusting the water flow rate within the range
that is achievable by the pump, the outlet water temperature condition
as specified in section 8.7.2 of ANSI/ASHRAE 118.1-2012 is still not
achieved, then change the supply water temperature to 110 [deg]F 1 [deg]F and repeat the instructions from sections 5.2.1.2 and
5.2.1.4 of this appendix.
5.2.1. 6. If the outlet water temperature condition cannot be met,
then a test procedure waiver is necessary to specify an alternative set
of test conditions.
5.2.2. For direct geo-exchange, indoor water-source, ground-source
closed-loop, and ground water-source CHPWHs use the following steps:
5.2.2.1. Set the condenser supply water temperature to 110 [deg]F
1 [deg]F. The water pressure must not exceed the maximum
working pressure rating for the equipment under test.
5.2.2.2. Use the provisions in section 8.7.1 of ANSI/ASHRAE 118.1-
2012 to set the tank thermostat for CHPWHs equipped with an integral
storage tank.
5.2.2.3. Follow the steps specified in section 8.7.2 of ANSI/ASHRAE
118.1-2012 to obtain an outlet water temperature of 120 [deg]F 5 [deg]F with no variation in excess of 2 [deg]F over a three-
minute period.
5.3. Conduct the test as per section 9.1.1, ``Full Input Rating,''
of ANSI/ASHRAE 118.1-2012. The flow rate, ``FR,'' referred to in
section 9.1.1 of ANSI/ASHRAE 118.1-2012 is the flow rate of water
through the CHPWH expressed in gallons per minute obtained after
following the steps in section 5.2 of this appendix. Use the evaporator
side rating conditions specified in section 4.6 of this appendix to
conduct the test as per section 9.1.1 of ANSI/ASHRAE 118.1-2012.
5.4. Calculate the COPh of the CHPWH according to
section 10.3.1 of the ANSI/ASHRAE 118.1-2012 for the ``Full Capacity
Test Method.'' For all calculations, time differences must be expressed
in minutes.
[FR Doc. 2016-26211 Filed 11-9-16; 8:45 am]
BILLING CODE 6450-01-P
