Energy Conservation Program: Test Procedure for Dishwashers, 43071-43079 [2019-17762]
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43071
Proposed Rules
Federal Register
Vol. 84, No. 161
Tuesday, August 20, 2019
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE–2016–BT–TP–0012]
Energy Conservation Program: Test
Procedure for Dishwashers
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Request for information.
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AGENCY:
SUMMARY: The U.S. Department of
Energy (‘‘DOE’’) is initiating a data
collection process through this request
for information (‘‘RFI’’) to consider
whether to amend DOE’s test procedure
for consumer dishwashers. As part of
this RFI, DOE seeks comment on
whether there have been changes in
product testing methodology or new
products on the market since the last
test procedure update that may create
the need to make amendments to the
test procedure for dishwashers.
Specifically, DOE seeks data and
information that could enable the
agency to propose that the current test
procedure produces results that are
representative of an average use cycle
for the product and is not unduly
burdensome to conduct, and therefore
does not need amendment. To inform
interested parties and to facilitate this
process, DOE has also gathered data,
identifying several issues associated
with the currently applicable test
procedures on which DOE is interested
in receiving comment. The issues
outlined in this document mainly
concern consumer usage patterns;
appropriate testing conditions and
methods; efficiency metrics; and any
additional topics that may inform DOE’s
decision whether to conduct a future
test procedure rulemaking. DOE
welcomes written comments from the
public on any subject within the scope
of this document (including topics not
raised in this RFI).
DATES: Written comments and
information are requested and will be
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accepted on or before September 19,
2019.
Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
https://www.regulations.gov. Follow the
instructions for submitting comments.
Alternatively, interested persons may
submit comments, identified by docket
number EERE–2016–BT–TP–0012, by
any of the following methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
2. Email:
ResDishwasher2016TP0012@ee.doe.gov.
Include docket number EERE–2016–BT–
TP–0012 in the subject line of the
message.
3. Postal Mail: Appliance and
Equipment Standards Program, U.S.
Department of Energy, Building
Technologies Office, Mailstop EE–5B,
1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 287–1445. If possible,
please submit all items on a compact
disc (‘‘CD’’), in which case it is not
necessary to include printed copies.
4. Hand Delivery/Courier: Appliance
and Equipment Standards Program, U.S.
Department of Energy, Building
Technologies Office, 950 L’Enfant Plaza
SW, Suite 600, Washington, DC 20024.
Telephone: (202) 287–1445. If possible,
please submit all items on a CD, in
which case it is not necessary to include
printed copies.
No telefacsimilies (faxes) will be
accepted. For detailed instructions on
submitting comments and additional
information on this process, see section
III of this document.
Docket: The docket for this activity,
which includes Federal Register
notices, comments, and other
supporting documents/materials, is
available for review at https://
www.regulations.gov. All documents in
the docket are listed in the https://
www.regulations.gov index. However,
some documents listed in the index,
such as those containing information
that is exempt from public disclosure,
may not be publicly available.
The docket web page can be found at
https://www1.eere.energy.gov/buildings/
appliance_standards/standards.aspx?
productid=38&action=viewlive. The
docket web page contains simple
instructions on how to access all
documents, including public comments,
ADDRESSES:
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in the docket. See section III for
information on how to submit
comments through https://
www.regulations.gov.
Mr.
Bryan Berringer, 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–
0371. Email:
ApplianceStandardsQuestions@
ee.doe.gov.
Ms. Elizabeth Kohl, U.S. Department
of Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 586–7796. Email:
Elizabeth.Kohl@hq.doe.gov.
For further information on how to
submit a comment or review other
public comments and the docket,
contact the Appliance and Equipment
Standards Program staff at (202) 287–
1445 or by email: ApplianceStandards
Questions@ee.doe.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Table of Contents
I. Introduction
A. Authority and Background
B. Rulemaking History
II. Request for Information
A. Scope and Definitions
B. Energy and Water Consumption Test
Procedure
1. Representativeness
a. Cycle Selections
b. Power-Dry Feature
c. Test Load Items
d. Annual Number of Cycles
e. Soils
f. Loading Pattern
g. Preconditioning Cycles
h. Detergent
i. Rinse Aid
j. Water Hardness
k. Water Softener Regeneration Cycles
l. Standby Testing
m. Ambient Temperature
n. Relative Humidity
2. Repeatability and Reproducibility
C. Efficiency Metrics
D. Other Test Procedure Topics
1. Test Procedure Waivers
2. Other Topics
III. Submission of Comments
I. Introduction
Consumer dishwashers are included
in the list of ‘‘covered products’’ for
which DOE is authorized to establish
and amend energy conservation
standards and test procedures. (42
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U.S.C. 6292(a)(6)) DOE’s test procedures
for consumer dishwashers are
prescribed at Title 10 of the Code of
Federal Regulations (‘‘CFR’’) part 430,
subpart B, appendix C1 (‘‘appendix
C1’’). The following sections discuss
DOE’s authority to establish and amend
test procedures for consumer
dishwashers, as well as relevant
background information regarding
DOE’s consideration of test procedures
for this product.
A. Authority and Background
The Energy Policy and Conservation
Act of 1975, as amended (‘‘EPCA’’),1
among other things, authorizes DOE to
regulate the energy efficiency of a
number of consumer products and
certain industrial equipment. (42 U.S.C.
6291–6317) Title III, Part B 2 of EPCA
established the Energy Conservation
Program for Consumer Products Other
Than Automobiles, which sets forth a
variety of provisions designed to
improve energy efficiency. These
products include consumer
dishwashers, the subject of this RFI. (42
U.S.C. 6292(a)(6))
Under EPCA, DOE’s energy
conservation program consists
essentially of four parts: (1) Testing, (2)
labeling, (3) Federal energy conservation
standards, and (4) certification and
enforcement procedures. Relevant
provisions of the Act specifically
include definitions (42 U.S.C. 6291),
energy conservation standards (42
U.S.C. 6295), test procedures (42 U.S.C.
6293), labeling provisions (42 U.S.C.
6294), and the authority to require
information and reports from
manufacturers (42 U.S.C. 6296).
Federal energy efficiency
requirements for covered products
established under EPCA generally
supersede State laws and regulations
concerning energy conservation testing,
labeling, and standards. (42 U.S.C. 6297)
DOE may, however, grant waivers of
Federal preemption for particular State
laws or regulations, in accordance with
the procedures and other provisions of
EPCA. (42 U.S.C. 6297(d))
The Federal testing requirements
consist of test procedures that
manufacturers of covered products must
use as the basis for: (1) Certifying to
DOE that their products comply with
the applicable energy conservation
standards adopted pursuant to EPCA (42
U.S.C. 6295(s)), and (2) making
representations about the efficiency of
1 All references to EPCA in this document refer
to the statute as amended through America’s Water
Infrastructure Act of 2018, Public Law 115–270
(October 23, 2018).
2 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A.
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those consumer products (42 U.S.C.
6293(c)). Similarly, DOE must use these
test procedures to determine whether
the products comply with relevant
standards promulgated under EPCA. (42
U.S.C. 6295(s))
Under 42 U.S.C. 6293, EPCA sets forth
the criteria and procedures DOE must
follow when prescribing or amending
test procedures for covered products.
EPCA requires that any test procedures
prescribed or amended under this
section be reasonably designed to
produce test results which measure
energy efficiency, energy use or
estimated annual operating cost of a
covered product during a representative
average use cycle or period of use and
not be unduly burdensome to conduct.
(42 U.S.C. 6293(b)(3))
In addition, EPCA requires that DOE
amend its test procedures for all covered
products to integrate measures of
standby mode and off mode energy
consumption into the overall energy
efficiency, energy consumption, or other
energy descriptor, taking into
consideration the most current versions
of Standards 62301 and 62087 of the
International Electrotechnical
Commission (‘‘IEC’’), unless the current
test procedure already incorporates the
standby mode and off mode energy
consumption, or if such integration is
technically infeasible. (42 U.S.C.
6295(gg)(2)(A)) If an integrated test
procedure is technically infeasible, DOE
must prescribe separate standby mode
and off mode energy use test procedures
for the covered product, if a separate
test is technically feasible. (Id.)
EPCA also requires that, at least once
every 7 years, DOE evaluate test
procedures for each type of covered
product, including consumer
dishwashers, to determine whether
amended test procedures would more
accurately or fully comply with the
requirements for the test procedures to
not be unduly burdensome to conduct
and be reasonably designed to produce
test results that reflect energy efficiency,
energy use, and estimated operating
costs during a representative average
use cycle or period of use. (42 U.S.C.
6293(b)(1)(A)) If the Secretary
determines, on his own behalf or in
response to a petition by any interested
person, that a test procedure should be
prescribed or amended, the Secretary
shall promptly publish in the Federal
Register proposed test procedures and
afford interested persons an opportunity
to present oral and written data, views,
and arguments with respect to such
procedures. The comment period on a
proposed rule to amend a test procedure
shall be at least 60 days and may not
exceed 270 days. In prescribing or
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amending a test procedure, the
Secretary shall take into account such
information as the Secretary determines
relevant to such procedure, including
technological developments relating to
energy use or energy efficiency of the
type (or class) of covered products
involved. (42 U.S.C. 6293(b)(2)) If DOE
determines that test procedure revisions
are not appropriate, DOE must publish
its determination not to amend the test
procedures. DOE is publishing this RFI
to collect data and information to
inform its decision in satisfaction of the
7-year review requirement specified in
EPCA. (42 U.S.C. 6293(b)(1)(A))
B. Rulemaking History
DOE originally established its test
procedure for consumer dishwashers in
1977 at 10 CFR part 430, subpart B,
appendix C (‘‘appendix C’’). 42 FR
39964 (Aug. 8, 1977). Since that time,
the test procedure has undergone a
number of amendments. In 1983, DOE
amended the test procedure to revise the
representative average-use cycles to
more accurately reflect consumer use
and to address consumer dishwashers
that use 120 degree Fahrenheit (‘‘°F’’)
inlet water. 48 FR 9202 (March 3, 1983).
DOE amended the test procedure again
in 1984 to redefine the term ‘‘water
heating dishwasher.’’ 49 FR 46533 (Nov.
27, 1984). In 1987, DOE amended the
test procedure to address models that
use 50 °F inlet water. 52 FR 47549 (Dec.
15, 1987). In 2001, DOE revised the test
procedure’s testing specifications to
improve testing repeatability, amended
the definitions of ‘‘compact
dishwasher’’ and ‘‘standard
dishwasher,’’ and reduced the average
number of use cycles per year from 322
to 264. 66 FR 65091 (Dec. 18, 2001). In
2003, DOE again revised the test
procedure to more accurately measure
consumer dishwasher efficiency, energy
use, and water use. 68 FR 51887 (Aug.
29, 2003) (‘‘August 2003 final rule’’).
The August 2003 final rule amendments
included the following revisions: (1)
The addition of a method to rate the
efficiency of soil-sensing products, (2)
the addition of a method to measure
standby power, and (3) a reduction in
the average-use cycles per year from 264
to 215. Id. On October 31, 2012, DOE
established a new test procedure for
consumer dishwashers in appendix C1.
77 FR 65941 (‘‘October 2012 final rule’’).
Appendix C1 follows the same general
procedures as those included in the
previously used appendix C, with
updates to: (1) Revise the provisions for
measuring energy consumption in
standby mode or off mode; (2) add
requirements for consumer dishwashers
with water softeners to account for
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regeneration cycles; (3) require an
additional preconditioning cycle; (4)
include clarifications regarding certain
definitions, test conditions, and test
setup; and (5) replace obsolete test load
items and soils. Id. at 65982–65987.
The current version of the test
procedure includes provisions for
determining estimated annual energy
use (‘‘EAEU’’) in kilowatt-hours per year
(‘‘kWh/year’’), estimated annual
operating cost (‘‘EAOC’’) in dollars per
year, and water consumption in gallons
per cycle (‘‘gal/cycle’’). 10 CFR
430.23(c).
As of May 30, 2013, manufacturers
must use appendix C1 to demonstrate
compliance with DOE’s energy
conservations standards for
dishwashers, which are set forth at 10
CFR 430.32(f)(3). The current energy
conservation standards for consumer
dishwashers are consistent with
recommendations submitted to DOE by
groups representing manufacturers,
energy and environmental advocates,
and consumer groups on July 30, 2010.3
77 FR 31918, 31919 (May 30, 2012).
On December 19, 2014, DOE
published notice of proposed
rulemaking (‘‘NOPR’’) proposing
amended energy conservation standards
for dishwashers (‘‘December 2014
NOPR’’). 79 FR 76142. In response to
the December 2014 NOPR,
manufacturers and the Association of
Home Appliance Manufacturers
(‘‘AHAM’’) commented that issues with
the existing appendix C1 resulted in a
flawed analysis for the proposed
standards. (AHAM, No. 21 at pp. 12–
14) 4 AHAM’s comment, as well as other
comments received on the issues with
the test procedure, are addressed in
greater detail in the relevant later
sections of this document.
3 This collective set of comments, titled
‘‘Agreement on Minimum Federal Efficiency
Standards, Smart Appliances, Federal Incentives
and Related Matters for Specified Appliances’’ (the
‘‘Joint Petition’’), recommended specific energy
conservation standards for consumer dishwashers
that, in the commenters’ view, would satisfy the
EPCA requirements. DOE conducted a rulemaking
analysis on multiple consumer dishwasher
efficiency levels, including those suggested in the
Joint Petition. The Joint Petition is located in the
DOE docket for the consumer dishwasher energy
conservation standards rulemaking, Docket No.
EERE–2011–BT–STD–0060, document number 1
and available for review at https://
www.regulations.gov/document?D=EERE-2011-BTSTD-0060-0001.
4 A notation in the form ‘‘AHAM, No. 21 at pp.
21–24’’ identifies a written comment: (1) Made by
the Association of Home Appliance Manufacturers;
(2) recorded in document number 21 that is filed
in the docket of that energy conservation standards
rulemaking (Docket No. EERE–2014–BT–STD–0021)
and available for review at https://
www.regulations.gov; and (3) which appears on
pages 12 through 14 of document number 21.
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After considering comments received
on the December 2014 NOPR and
additional information, DOE conducted
further analysis through which it
concluded that amended standards for
consumer dishwashers would not be
economically justified. 81 FR 90072
(Dec. 13, 2016) (‘‘December 2016 final
determination’’). In the December 2016
final determination, DOE also removed
the obsolete version of appendix C.
Based on consideration of the concerns
raised by interested parties on certain
aspects of the consumer dishwasher test
procedure, DOE agreed in the December
2016 final determination that it would
seek additional information on these
issues. 81 FR 90072, 90076. DOE is
publishing this RFI to solicit public
information, data, and comments from
all interested parties on these topics.
II. Request for Information
As an initial matter, DOE seeks
comment on whether there have been
changes in product testing methodology
or new products on the market since the
last test procedure update that may
necessitate amendments to the test
procedure for dishwashers. Specifically,
DOE seeks data and information that
could enable the agency to propose that
the current test procedure produces
results that are representative of an
average use cycle for the product and is
not unduly burdensome to conduct, and
therefore does not need amendment.
DOE also seeks information on whether
an existing private-sector developed test
procedure would produce such results
and should be adopted by DOE rather
than DOE establishing its own test
procedure, either entirely or by adopting
only certain provisions of one or more
private-sector developed tests.
In the following sections, DOE has
also identified a variety of issues on
which it seeks input to determine
whether amended test procedures for
consumer dishwashers would more
accurately or fully comply with the
requirements in EPCA that test
procedures: (1) Be reasonably designed
to produce test results which measure
energy use during a representative
average use cycle or period of use; and
(2) not be unduly burdensome to
conduct. (42 U.S.C. 6293(b)(3))
Additionally, DOE welcomes
comments on other issues relevant to
the conduct of this process that may not
specifically be identified in this
document. In particular, DOE notes that
under Executive Order 13771,
‘‘Reducing Regulation and Controlling
Regulatory Costs,’’ Executive Branch
agencies such as DOE are directed to
manage the costs associated with the
imposition of expenditures required to
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comply with Federal regulations. See 82
FR 9339 (Feb. 3, 2017). Consistent with
that Executive Order, DOE encourages
the public to provide input on measures
DOE could take to lower the cost of its
regulations applicable to consumer
dishwashers consistent with the
requirements of EPCA.
A. Scope and Definitions
A consumer dishwasher is a cabinetlike appliance which with the aid of
water and detergent, washes, rinses, and
dries (when a drying process is
included) dishware, glassware, eating
utensils, and most cooking utensils by
chemical, mechanical and/or electrical
means and discharges to the plumbing
drainage system. 10 CFR 430.2. Products
meeting this definition are subject to
DOE’s regulations for testing, certifying,
and complying with energy
conservation standards.
B. Energy and Water Consumption Test
Procedure
As described, DOE’s current energy
conservation standards for consumer
dishwashers are expressed in terms of
EAEU, in kWh/year, and water
consumption, in gal/cycle. 10 CFR
430.32(f)(1). The current test procedure
at 10 CFR 430.23(c) includes provisions
for determining these values as well as
EAOC, based upon testing procedures in
appendix C1.
In response to the December 2014
NOPR, DOE received a number of
comments raising concern that certain
aspects of the test procedure may not be
reasonably designed to measure the
energy use of dishwashers during a
representative average use cycle or
period of use. DOE also received
feedback on concerns with repeatability
and reproducibility of the appendix C1
test procedure. The following sections
discuss each of these issues in greater
detail.
1. Representativeness
In accordance with 42 U.S.C.
6293(b)(3), DOE’s consumer dishwasher
test procedure must be reasonably
designed to produce test results that
measure energy use, water use, and
estimated annual operating cost of
dishwashers during a representative
average use cycle or period of use. In
this RFI, DOE is requesting information
on multiple aspects of the test
procedure and whether these aspects
appropriately reflect that of a
representative average use cycle.
a. Cycle Selections
Sections 2.6.1, 2.6.2, and 2.6.3 of
appendix C1 currently require testing of
a dishwasher on the ‘‘normal’’ cycle,
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which is defined as the cycle
recommended in the manufacturer’s
instructions for daily, regular, or typical
use to completely wash a full load of
normally soiled dishes including the
power-dry feature. Section 1.12,
appendix C1. Most consumer
dishwashers available on the market
offer multiple cycle selections. In
response to the December 2014 NOPR,
AHAM commented that were energy
conservation standards to be set at more
stringent levels, consumers may be more
likely to select more energy and waterintensive cycle selections (e.g., pots and
pans) rather than the normal cycle to
ensure the best cleaning performance.
(AHAM, No. 21 at p. 9)
In response to AHAM’s comment,
DOE is requesting any available
consumer usage data describing how
frequently consumers select the normal
cycle and other cycle types. DOE notes
the availability of data gathered in the
U.S. Energy Information Agency’s
(‘‘EIA’’) 2015 Residential Energy
Consumption Survey (‘‘RECS’’), which
surveyed consumer use of normal (both
with and without heated dry), heavy,
light, and energy-saver cycle settings.
DOE also seeks information on whether
cycle selection varies based on a
specific product’s energy and water
consumption.
Testing of the normal cycle requires
testing with the manufacturerrecommended washing and drying
temperature options. Section 1.12,
appendix C1. DOE also requests
information on additional cycle options
that may be available with the normal
cycle, including any temperature or
drying options other than those
recommended by the manufacturer, the
means for consumers to select
additional cycle options, and the
frequency with which consumers select
the options.
This information will also help DOE
determine whether current or amended
energy conservation standards,
established based on the DOE test
procedure, affect (or would affect)
consumers’ cycle selections. Using this
information will help DOE ensure that
DOE does not set standards such that
energy and water use levels for the
normal cycle result in consumers
selecting more energy and waterintensive cycle options. In DOE’s view,
such standards would not meet the
ECPA requirements for establishing
standards that are technologically
feasible and economically justified, and
would save a significant amount of
energy.
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b. Power-Dry Feature
Appendix C1 accounts for operation
of a dishwasher on the normal cycle
with the power-dry feature selected.
Appendix C1 also accounts for the
option to eliminate use of the power-dry
feature following the final rinse
operation, i.e., a truncated normal cycle.
Section 1.22 of appendix C1 defines
‘‘truncated normal cycle’’ as the normal
cycle interrupted to eliminate the
power-dry feature after the termination
of the last rinse operation. Section 1.14
of appendix C1 defines the ‘‘power-dry
feature’’ as a feature that introduces
electrically-generated heat into the
washing chamber to improve the drying
performance of the dishwasher. The
drying energy consumption calculations
in section 5.3 of appendix C1 account
for the energy consumed by the powerdry feature after the termination of the
last rinse option of the normal cycle.
The typical implementation of a
power-dry feature had been to utilize an
exposed resistance heater to heat the air
inside the washing chamber after the
final rinse to evaporate the water from
the dishware. However, manufacturers
have innovated additional technologies
to improve drying.
Some consumer dishwasher models
do not use a resistance heater to heat the
air, but instead achieve drying by
raising the temperature of the final rinse
water. This increase in the temperature
of the final rinse water is not addressed
in the truncated normal cycle or drying
energy consumption provisions, as it
occurs as part of the final rinse and not
after the final rinse.
DOE requests information and data on
the extent to which manufacturers
increase the temperature of the final
rinse water as a means to improve
drying performance. DOE further
requests information on the extent to
which manufacturers implement such a
drying strategy as part of the normal
cycle, and whether and to what extent
such units provide an option to
eliminate this drying function. DOE also
requests data and information on the
energy use associated with increasing
the temperature of the final rinse water
as a means to improve drying
performance, including any available
options.
c. Test Load Items
Appendix C1 requires testing with
four or eight place settings for compact
and standard dishwashers,
respectively.5 Sections 2.6.2, 2.6.3.1,
2.6.3.2, 2.6.3.3, appendix C1. A place
setting includes the following items:
One cup, one saucer, one dinner plate,
one bread and butter plate, one fruit
bowl, one iced tea glass, one dinner
fork, one salad fork, one knife, and two
teaspoons. Section 2.7.2, appendix C1.
Both compact and standard dishwashers
are also loaded with six serving pieces:
Two serving bowls, one platter, one
serving fork, and two serving spoons.
Section 2.7.3, appendix C1. The place
setting and serving piece specifications
required in appendix C1 are consistent
with those provided in American
National Standards Institute (‘‘ANSI’’)/
AHAM Standard DW–1–2010,
Household Electric Dishwashers
(‘‘ANSI/AHAM DW–1–2010’’).
Based on consumer dishwasher
models certified in DOE’s Compliance
Certification Database as of March 2019,
among a total of 895 standard-size
models, 11 percent have a reported
capacity of eight place settings, 70
percent have a capacity of 12 place
settings, and 16 percent have a capacity
that is greater than 12 place settings.
Because appendix C1 specifies testing
with eight place settings for a standardsize dishwasher, almost 89 percent of
standard-size consumer dishwashers
(i.e. dishwashers with a capacity equal
to or greater than eight place settings)
are tested with a load that is smaller
than the certified capacity. For example,
a consumer dishwasher that is certified
with a capacity of 12 place settings is
classified as a standard dishwasher and
is tested with eight place settings. DOE
requests information on the typical
number of place settings washed by
consumers in each dishwasher cycle, as
well as how the typical number of place
settings relates to a dishwasher’s overall
capacity. DOE also requests information
on whether the number of place settings
affects energy and water consumption
under appendix C1.
Additionally, DOE received feedback
that the test load composition of place
settings and serving pieces defined in
section 2.7.1 of appendix C1 may not
represent typical consumer loads. For
example, the appendix C1 test load does
not include any plastic items. DOE is
aware of one industry test method, IEC
Standard 60436, Electric dishwashers
for household use—Methods for
measuring the performance (‘‘IEC
60436’’), which includes a melamine
bowl as one of the serving pieces in the
test load. DOE requests information on
whether introduction of plastic items
5 Section 1.4 of appendix C1 defines a ‘‘compact
dishwasher’’ as having a capacity of less than eight
place settings plus six serving pieces, as specified
in ANSI/AHAM DW–1–2010. Section 1.20 of
appendix C1 defines a ‘‘standard dishwasher’’ as
having a capacity equal to or greater than eight
place settings plus six serving pieces as specified
in ANSI/AHAM DW–1–2010.
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could have an impact on energy or
water use, as well as on the typical
composition of place setting items,
serving pieces, and flatware that are
washed in consumer dishwashers,
including the types of items (e.g., cups,
bowls, and plates) and their
characteristics (e.g., size and material).
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d. Annual Number of Cycles
DOE’s current test procedure
calculates EAEU using 215 annual
cycles. In the December 2014 NOPR and
chapter 7 of its accompanying technical
support document (‘‘TSD’’),6 DOE
discussed the sources for this annual
number of cycles as part of the energy
and water use analysis. 79 FR 76142,
76156. DOE noted that the consumer
dishwasher test procedure amendments
in the August 2003 final rule relied on
compiled survey data of consumers’
dishwasher usage habits from a number
of sources, including the 1997 RECS,
several consumer dishwasher
manufacturers, detergent manufacturers,
energy and consumer interest groups,
independent researchers, and
government agencies. Id. These data
yielded the average usage of 215 cycles
per year. Id. DOE considered survey
data from the 2009 version of RECS, but
determined that because of the large
data set used to develop the 215 cycle
value, it would retain use of that value.
Id. DOE also noted that 215 cycles per
year is the number of cycles on which
the EnergyGuide label administered by
the Federal Trade Commission is based.
Id.
In response to the December 2014
NOPR, AHAM commented that several
newer editions of RECS data are
available, including most recently (at
that time) from the 2009 RECS. AHAM
also noted that the 2009 RECS data
include 12,100 households with 7,382
dishwashers, as compared to the 5,900
households in the 1997 RECS.
Additionally, AHAM stated that the EIA
has instituted a number of
improvements to its methodology to
increase the sample size and data
accuracy of the 2009 survey. AHAM
stated that as a result, the 2009 RECS
data would be more appropriate to use
than the 1997 RECS data. (AHAM, No.
21 at pp. 24–25) The Mercatus Center at
George Mason University (‘‘Mercatus
Center’’) commented that the number of
cycles per year used for the December
2014 NOPR analysis relied on a survey
from 2001, which occurred during an
extended period of decreasing
household sizes and reduction in food
6 Available at https://www.regulations.gov/
document?D=EERE-2014-BT-STD-0021-0005.
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preparation. (Mercatus Center, No. 11 at
p. 7)
As discussed in chapter 7 of the final
rule TSD accompanying the December
2016 final determination, the 2009
RECS data provide information on the
number of cycles per week for each
household using a consumer
dishwasher, categorized in the following
bins: (1) Less than once per week, (2)
once per week, (3) 2–3 times per week,
(4) 4–6 times per week, and (5) at least
once per day. Because the RECS data do
not include point estimates of usage,
DOE considered survey data it used to
develop the amendments in the August
2003 final rule, which included data
from a 2001 Arthur D. Little survey,7
and that were analyzed again as part of
the October 2012 final rule to estimate
the average number of consumer
dishwasher cycles per year.8 DOE
converted the information from the 2009
RECS to annual values. The data from
the 2009 RECS indicate an average of
204 annual cycles (rather than 245 as
derived from the 1997 RECS).
Incorporating this value with the
additional survey data used in the
August 2003 final rule suggests a value
of 207 average annual cycles.
DOE requests any additional
information on annual consumer use of
dishwashers, including on the
appropriateness of the analysis that
incorporates the 2009 RECS data and
whether it results in a representative
annual usage estimate. DOE also seeks
feedback on the suitability of data from
the 2015 RECS, which directly asks for
the typical number of dishwasher cycles
per week rather than providing binned
response options.
e. Soils
The August 2003 final rule amended
the consumer dishwasher test procedure
to account for the varying energy and
water performance of units that include
soil sensors. 68 FR 51887, 51890, 51893.
In that rulemaking, DOE relied on
survey data gathered by Arthur D. Little
(‘‘ADL’’) 9 to characterize the quantity of
soils that consumers load into a
dishwasher. Using the soil loads from
an earlier version of AHAM DW–1 10 as
a reference point, the ADL report
defined a light soil load as half the
quantity of a single soiled place setting
as defined in AHAM DW–1. A medium
soil load was equivalent to two soiled
7 68
FR 51887, 51889–51890.
FR 31918, 31932.
9 ADL survey data are available at https://
www.regulations.gov/document?D=EERE-2006-TP0096-0055.
10 Although not identical to the soil loads in
ANSI/AHAM DW–1–2010, they are substantially
similar.
8 77
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AHAM DW–1 place settings and a heavy
soil load was approximately equal to
four soiled AHAM DW–1 place settings.
With these load size definitions, ADL
found that consumers most frequently
washed lightly soiled loads (62 percent
of loads), with medium (33 percent) and
heavy (5 percent) soil loads making up
the remainder. The appendix C1 test
procedure assumes the same
distribution of soil loads as identified in
the ADL report.
In response to the December 2014
NOPR, Samsung Electronics America,
Inc. (‘‘Samsung’’) commented that the
soil loads in the current DOE test
procedure, including the heavy soil
load, appear to reflect consumer prerinsing. Samsung proposed that the DOE
test procedure be updated to reflect the
soiling condition without pre-rinsing to
encourage consumer dishwasher cycles
to be designed for the soiling condition
without pre-rinsing. Samsung suggested
soiling levels per AHAM DW–1–2009 11
could represent soiling condition
without pre-rinsing. Samsung asserted
that adopting more stringent standards
without amending the test procedure
accordingly would drive consumer
dishwasher cycle designs that use less
energy and water under the DOE soil
condition, but use significantly more
water and energy under consumer usage
with no pre-rinsing. (Samsung, No. 19 at
pp. 1–2) AHAM asserted that under the
standards proposed in the December
2014 NOPR, consumers would pre-rinse
dishes before placing them in the
dishwasher, significantly increasing
water use. (AHAM, No. 21 at p. 9)
DOE requests information on whether
consumer loads have changed since the
survey data gathered in support of the
August 2003 final rule. Specifically,
DOE requests data or survey information
regarding soiling conditions and the
frequency of pre-rinsing to inform
whether any changes to the current soil
loads are warranted.
In addition to the quantity of soils
loaded into the dishwasher, DOE seeks
information on whether the types of soil
required in appendix C1 result in a test
method that measures energy and water
use during a representative use cycle or
period of use. The soil types are defined
by ANSI/AHAM DW–1–2010; however,
appendix C1 does not require flatware
or serving pieces to be soiled. These
soils include: Eggs, corn, oatmeal,
potatoes, a ground beef mixture,
raspberry preserves, coffee (including
coffee grounds), and tomato juice. DOE
notes that the ANSI/AHAM DW–1–2010
soil load also includes peanut butter,
11 The soil loads in AHAM DW–1–2009 are
identical to those in ANSI/AHAM DW–1–2010.
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which is not used in appendix C1
testing. Appendix C1 requires drying
the soils on the test load items for
approximately 2 hours before loading
into the dishwasher. DOE notes that
other industry test procedures, such as
IEC 60436, include different soil types,
soiling methods, and longer drying or
baking-on periods for the soils.
In response to the December 2014
NOPR, AHAM and a group of its
members gathered data on soils and
cleaning performance and presented the
information to DOE in a meeting on July
8, 2015.12 An AHAM member tested
three consumer dishwashers with
varying energy and water consumptions,
one at the current baseline, one at the
standard level proposed in the
December 2014 NOPR, and one at an
intermediate level (at 255 kWh/year and
3.1 gal/cycle). The three dishwashers
were evaluated by the manufacturer on
their ability to remove adhered ANSI/
AHAM DW–1–2010 soils and additional
fats and grease. The information AHAM
provided indicated that the dishwashers
with energy and water consumptions
less than the baseline may have more
difficulty removing certain grease and
adhered soils compared to dishwashers
that just meet the current standard level.
(AHAM, No. 27 at pp. 2–13)
DOE requests information on the
typical mix of soils consumers load into
their dishwashers, on the
appropriateness of the current
composition of soil loads in appendix
C1, and on whether the appendix C1
soil loads should be updated to
incorporate different types of soils,
including any additional fats or greases.
f. Loading Pattern
Section 2.6 of appendix C1 references
section 5.8 of ANSI/AHAM DW–1–2010
for loading instructions. That section
requires loading in accordance with the
manufacturer’s recommendation.
AHAM stated that appendix C1’s lack of
loading specificity is a source of test
procedure uncertainty. (AHAM, No. 21
at pp. 13–14) The test load in appendix
C1 includes a mix of soiled and
unsoiled items, whereas every item in
an ANSI/AHAM DW–1–2010 test load is
soiled. Manufacturers do not provide
instructions for loading a mix of soiled
and clean items. The positioning of
soiled items relative to unsoiled items
may impact the rate at which soils are
removed from the test load items, which
may impact soil sensor responses.
DOE requests feedback on whether
any additional instructions are needed
12 A summary of the meeting and the materials
presented at this meeting are available at document
ID EERE–2014–BT–STD–0021–0027 on https://
www.regulations.gov.
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beyond referencing a manufacturer’s
loading recommendation.
DOE also requests information on
how consumers typically load
dishwashers. Although manufacturer
instructions may optimize loading
patterns to maximize loading capacity
and dishwasher performance,
consumers may use other loading
positions and alignment, leading to
variability in dishwasher performance.
g. Preconditioning Cycles
Section 2.9 of appendix C1 specifies
that two preconditioning cycles must be
run prior to the energy and water
consumption test cycles. The purpose of
the pre-conditioning cycles is to ensure
that the water lines and sump area of
the pump are primed, as well as to
ensure that the soil sensors are
calibrated for soil-sensing dishwashers.
Section 2.9 also specifies that the
prewash, if any, and main wash fill
water volumes from the second
preconditioning cycle must be measured
to calculate the detergent amounts to be
used during the energy and water
consumption tests. DOE requests
comment on whether two
preconditioning cycles are adequate or
more than is necessary to calibrate the
soil sensors on all soil-sensing
dishwashers. DOE also requests
comment on whether using the water
volumes from the second
preconditioning cycle would be
appropriate for determining the
detergent amounts if the sensors are still
being calibrated during this second
preconditioning cycle.
h. Detergent
The detergent formulation used in
appendix C1 is Cascade with the Grease
Fighting Power of Dawn powder.
Section 2.10, appendix C1. Appendix
C1 specifies that the amount of
detergent to be used for testing is half
of the quantity specified in ANSI/
AHAM DW–1–2010, calculated based
on the pre-wash and main wash fill
volumes. Id. DOE introduced
specifications for detergent quantity at
the time it incorporated soiled loads
into the DOE test procedure. 68 FR
51887, 51890–51891. In that
rulemaking, interested parties
commented that detergent dosing
impacts a consumer dishwasher’s
cleaning performance but not energy
consumption. Id. Identification of the
specific detergent was subsequently
added in the October 2012 final rule. 77
FR 65941, 65965.
In response to the December 2014
NOPR, AHAM commented that the
detergent quantity requirements are
subject to different interpretations
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between test laboratories, as observed
during AHAM’s round robin testing.
Specifically, AHAM described difficulty
in distinguishing pre-wash and main
wash fills from each other and from any
subsequent rinse fills. AHAM stated that
this leads to test laboratories using
different fill volumes in the detergent
concentration calculations, resulting in
different detergent dosing that will
impact both energy and cleaning
performance test results. (AHAM, No.
21 at p. 13) DOE has observed that some
consumer dishwashers use a
combination of fills and partial drains
during the initial wash portions of the
cycle, creating potential difficulty in
distinguishing between the pre-wash
and main wash portions of the cycle and
the corresponding quantities of water
remaining in the test unit.
DOE has also received feedback that
consumers are increasingly moving from
powder or liquid detergents to singledose detergents (e.g., capsules or pods).
Therefore, basing the detergent dosing
on the wash fill volumes may not be
representative of consumer use if
consumers more frequently use a single
dose or fixed quantity of powder or
liquid detergent for every dishwasher
cycle regardless of the cycle selection or
soil load.
DOE requests information on whether
the current powder detergent results in
a test procedure reasonably designed to
measure energy or water use during a
representative use cycle or period of
use. DOE also requests comment on
whether the test procedure should
continue to require calculating the
detergent dosing based on the measured
water fill volumes, or whether
specifying a fixed amount of detergent,
either in powder or single-dose form,
would be more appropriate. If
calculated detergent dosages are
appropriate, DOE requests information
on methods to differentiate between the
different portions of a wash cycle and
how to appropriately calculate the
corresponding detergent dosing. DOE
notes that certain manufacturers include
dosing recommendations in their user
guides and requests feedback on
whether the detergent dosing for testing
should reference any such
recommendations.
Additionally, DOE has received
feedback from manufacturers that the
formulations of commercially available
detergents often change significantly.
Detergent manufacturers may make
periodic adjustments to detergent
composition, resulting in different
performance characteristics depending
on when and where the detergent was
purchased. To address this issue, IEC
60436 specifies the use of a reference
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detergent formulation. DOE requests
information on whether the use of a
reference detergent would be
appropriate for the DOE test procedure.
i. Rinse Aid
Appendix C1 currently requires that
testing be conducted without the use of
rinse aid, and that any rinse aid
reservoirs remain empty for testing. As
part of the August 2003 final rule, DOE
considered using rinse aid for testing
that included soiled loads in the test
procedure. 68 FR 51887, 51890–51891.
Interested parties commented that rinse
aid affects drying performance but
would not impact a consumer
dishwasher’s energy performance. Id.
DOE notes that IEC 60436 specifies
the use of a standard rinse aid
formulation rather than a commercially
marketed brand. DOE requests
information on consumer use of rinse
aid, and on whether the use of rinse aid
has any effect on measured energy and
water consumption.
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j. Water Hardness
Appendix C1 does not currently
specify any water hardness requirement
for testing. The water hardness
requirement in The ENERGY STAR Test
Method for Determining Dishwasher
Cleaning Performance 13 is consistent
with the requirement in ANSI/AHAM
DW–1–2010, specifying a maximum
water hardness of 85 parts per million
(‘‘ppm’’) of calcium carbonate.
In response to the December 2014
NOPR, AHAM commented that the lack
of a water hardness requirement in the
DOE test procedure may lead to
variability in test results between test
laboratories. (AHAM, No. 21 at p. 14)
DOE requests information on how
water hardness may impact consumer
dishwasher energy and water
performance, and on the burden
associated with including a water
hardness requirement in the DOE test
procedure. DOE also requests
information on the hardness level of
water used in current testing as
compared to the water hardness level
specified in ANSI/AHAM DW–1–2010,
and the degree to which the water
hardness level impacts whether the test
procedure is reasonably designed to
measure energy or water use during a
representative use cycle or period of
use.
k. Water Softener Regeneration Cycles
The dishwasher test procedure at
appendix C1 specifies certain
13 The ENERGY STAR Cleaning Performance Test
Method is available at https://www.energystar.gov/
products/spec/residential_dishwashers_
specification_pd.
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calculations for energy and water
consumption, including calculations for
dishwashers with water softener
regeneration cycles.14 Sections 5.1.3,
5.4.3, 5.5.1.2, 5.5.2.2, 5.6.1.2, and
5.6.2.2, appendix C1. In its review of
these calculations, DOE observed that if
a dishwasher has a water softener
regeneration event at every or nearly
every cycle (or, for the purposes of
appendix C1, the dishwasher is certified
to have approximately 215 regeneration
cycles per year), the additional energy
and water consumption associated with
the water softener regeneration would
likely already be accounted for in the
measured energy and water use of the
dishwasher. However, according to
appendix C1, such a dishwasher would
still be required to certify additional
energy and water use associated with
regeneration. DOE requests comment on
whether such dishwashers exist that
would run a regeneration at every or
nearly every cycle, and whether any
additional instructions should be
specified in appendix C1 for such
dishwashers.
l. Standby Testing
In response to the December 2014
NOPR, AHAM stated that appendix C1
does not currently specify whether
standby testing is to be conducted with
the door open or closed. AHAM believes
this will have a significant impact on
variability of the measured energy.
(AHAM, No. 21 at p. 13) Section 4.2 of
appendix C1 states to follow the test
procedure in Section 5, Paragraph 5.3.2
of IEC 62301, which specifies setup
according to the manufacturer’s
instructions for use. If no manufacturer
instructions for use are provided, the
factory or default settings shall be used.
When there are no indications of factory
or default settings, the product is tested
as supplied.
DOE requests comment on whether
testing with the door closed is
representative of energy use in standby
mode or off mode during a
representative average use cycle or
period of use (i.e., the door is closed
14 Hard water (water having calcium ion
concentrations higher than 180 parts per million)
prevents soaps and detergents from properly
sudsing. To address this issue for those consumers
that have hard water, some consumer dishwashers
have a built-in water softening system. The water
softener system may rely on a sodium resin that
must be periodically recharged by flushing a saline
solution over it, a process which is referred to as
regeneration. During a cycle that includes a
regeneration process, additional water is mixed
with salt supplied by the consumer in a
compartment separate from the detergent
compartment to create the saline solution, and this
incremental water consumption requires energy to
heat it to the same temperature as is used for the
active cycle.
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when the dishwasher is not in active
mode). DOE also requests feedback on
whether energy is consumed when the
door is open, and if so, whether the
energy consumption with the door open
is significantly different from the energy
consumed with the door closed.
m. Ambient Temperature
Section 2.5.1 of Appendix C1
currently specifies an ambient
temperature of 75 °F ± 5 °F for active
mode testing. In response to the
December 2014 NOPR, AHAM
commented that varying ambient
temperatures can lead to different
thermal hold times, which can lead to
different measured energy results.
AHAM stated that it was studying
whether it is possible to tighten the
allowable ambient temperature range in
order to improve repeatability and
reproducibility. (AHAM, No. 21 at p. 14)
DOE welcomes input regarding the
impacts of narrowing the allowable
ambient temperature range on consumer
dishwasher energy and water
consumption, and whether this change
would represent a burden for test
facilities, and if so the extent of the
burden.
n. Relative Humidity
Appendix C1 does not currently
specify an ambient relative humidity for
testing. In response to the December
2014 NOPR, AHAM noted that relative
humidity can cause variation in energy
testing results, and suggested that the
DOE test procedure incorporate the
relative humidity specification in ANSI/
AHAM DW–1–2010, which according to
AHAM is current industry practice.
(AHAM, No. 21 at p. 14) DOE seeks
input on whether ambient relative
humidity affects energy or water
consumption, and whether test facilities
already maintain an ambient relative
humidity of 20 to 50 percent, as
specified in ANSI/AHAM DW–1–2010.
DOE requests information on what, if
any, additional test burden would result
from a relative humidity specification
and the extent of any such burden.
2. Repeatability and Reproducibility
In response to the December 2014
NOPR, AHAM suggested that the
repeatability and reproducibility of
appendix C1 are not sufficient for the
test procedure to be used as the basis for
an energy conservation standards
rulemaking. AHAM commented that its
round robin testing demonstrated that
appendix C1’s repeatability and
reproducibility needs to be improved.
AHAM stated that it had been working
over the past several years to identify
potential sources of variation in the
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energy test, and to develop potential
amendments to the DOE test procedure
and ANSI/AHAM DW–1–2010 to
address them. AHAM commented that
repeatability and reproducibility would
become more critical at more stringent
standard levels. (AHAM, No. 21 at pp.
12–14)
In the December 2016 final
determination, DOE stated that it would
seek information on stakeholders’
concerns regarding appendix C1. 81 FR
90072, 90076. In addition to the topics
addressed in section II.B.1 of this
document, DOE has observed in its
testing that appendix C1 produces more
consistent results from test to test for
non-soil-sensing dishwashers than for
soil-sensing dishwashers. For soilsensing dishwashers, the sensor
response for a given cycle appears to be
the primary factor in the resulting
variation in energy and water use
results.
As discussed in section II.B.1.d of this
document, survey data from ADL
indicate that consumers typically load
only a small amount of soils into their
dishwashers. According to the ADL
report, even the heaviest consumer soil
loads (representing 5 percent of
consumer dishwasher cycles)
correspond to the equivalent of only
four soiled place settings under the DOE
test procedure. DOE observed in its tests
under appendix C1 that this soil level
typically triggers the lightest cycle
response in soil-sensing dishwashers.
However, DOE has occasionally
observed a given soil load trigger a
heavier cycle response (i.e. ‘‘outlier’’
cycle responses that use higher energy
and/or water consumption), which can
have a more pronounced impact when
the heavier response occurs with the
light or medium soil loads because
those cycles are weighted more heavily
in the overall calculations.
DOE is requesting information on the
extent to which variable cycle responses
for soil-sensing dishwashers are an issue
with the DOE consumer dishwasher test
procedure, and if so, how to address this
issue. Specifically, DOE seeks
information on whether variable cycle
responses are an issue that may be
addressed by further specifying test
conditions, or if there is a certain
amount of variability inherent to the
dishwasher control schemes and
whether such variability would also
occur as part of a representative average
use cycle or period of use. DOE is also
interested in feedback on any other
amendments to the test procedure that
would ensure that the procedure is
reasonably designed to measure the
energy and water use of the dishwasher
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during a representative average use
cycle or period of use.
C. Efficiency Metrics
DOE’s test procedures in 10 CFR
430.23(c) and appendix C1 provide
results for energy consumption in kWh/
year and water consumption in gal/
cycle. In response to the December 2014
NOPR, DOE received feedback that its
existing product class structure may not
be appropriate for consumer dishwasher
regulations. The Mercatus Center stated
that the current separation of consumer
dishwashers into product classes on the
basis of capacity without an
identification of product characteristics
that provide consumer utility is overly
broad. (Mercatus Center, No. 11 at p. 5)
The People’s Republic of China
(‘‘China’’) stated that the standards
proposed in the December 2014 NOPR
are fixed values for the standard product
class, and that these values may be too
stringent for larger consumer
dishwashers within the standard
product class. China suggested a
specific standard for these larger
products. (China, No. 25 at p. 3)
One potential approach to address the
comments raised by the Mercatus Center
and China would be an energy and
water use metric on a per-place setting
basis. Such an approach would also
eliminate the need for separate product
classes based on capacity. DOE is
requesting feedback on such a potential
approach, including any data
characterizing how the energy use of
dishwashers on the market in the
United States could be impacted by it.
D. Other Test Procedure Topics
1. Test Procedure Waivers
DOE has granted two test procedure
waivers for the current consumer
dishwasher test procedure. On April 10,
2017, DOE granted Miele, Inc. a test
procedure waiver to allow for testing a
specified basic model intended for a
208-volt power supply rather than the
115 volts or 240 volts specified in
appendix C1.15 82 FR 17227. On
November 1, 2013, DOE granted
Whirlpool Corporation a test procedure
waiver to allow for testing specified
basic models equipped with a water use
system, in which water from the final
rinse cycle is stored for use in the next
subsequent cycle, with periodic
draining and cleaning events.16 78 FR
65629.
The test procedure waivers for these
consumer dishwasher basic models
provide alternate test provisions that are
reasonably designed to measure energy
15 See
16 See
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and water use during a representative
average use cycle or period of use for
the basic models specified in the
respective Orders. DOE requests
feedback on whether the test procedure
waiver approaches are generally
appropriate for testing basic models
with these features.
2. Other Topics
In addition to the issues identified
earlier in this document, DOE welcomes
comment on any other aspect of the
existing test procedures for consumer
dishwashers not already addressed by
the specific areas identified in this
document. DOE particularly seeks
information to ensure that the test
procedure is designed to measure
energy and water use during a
representative average use cycle or
period of use, and is not unduly
burdensome to conduct. DOE also
requests information that would help
DOE create a procedure that would limit
manufacturer test burden through
streamlining or simplifying testing
requirements.
DOE also requests feedback on any
potential amendments to the existing
test procedure that could be considered
to address impacts on manufacturers,
including small businesses. DOE
requests comment on the benefits and
burdens of adopting any industry/
voluntary consensus-based or other
appropriate test procedure, without
modification.
DOE recently published an RFI on the
emerging smart technology appliance
and equipment market. 83 FR 46886
(Sept. 17, 2018). In that RFI, DOE sought
information to better understand market
trends and issues in the emerging
market for appliances and commercial
equipment that incorporate smart
technology. DOE’s intent in issuing the
RFI was to ensure that DOE did not
inadvertently impede such innovation
in fulfilling its statutory obligations in
setting efficiency standards for covered
products and equipment. DOE seeks
comments, data, and information on the
issues presented in the ‘‘smart
products’’ RFI as they may be applicable
to dishwashers.
DOE also recently issued an RFI to
seek more information on whether its
test procedures are reasonably designed,
as required by EPCA, to produce results
that measure the energy use or
efficiency of a product during a
representative average use cycle or
period of use. 84 FR 9721 (Mar. 18,
2019). DOE seeks comment on this issue
as it pertains to the test procedure for
dishwashers.
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Federal Register / Vol. 84, No. 161 / Tuesday, August 20, 2019 / Proposed Rules
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III. Submission of Comments
DOE invites all interested parties to
submit in writing by September 19,
2019, comments and information on
matters addressed in this notice and on
other matters relevant to DOE’s
consideration of amended test
procedures for consumer dishwashers.
These comments and information will
aid in the development of a test
procedure NOPR for consumer
dishwashers if DOE determines that
amended test procedures may be
appropriate for these products.
Submitting comments via https://
www.regulations.gov. The https://
www.regulations.gov web page will
require you to provide your name and
contact information. Your contact
information will be viewable to DOE
Building Technologies staff only. Your
contact information will not be publicly
viewable except for your first and last
names, organization name (if any), and
submitter representative name (if any).
If your comment is not processed
properly because of technical
difficulties, DOE will use this
information to contact you. If DOE
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, DOE may not be
able to consider your comment.
However, your contact information
will be publicly viewable if you include
it in the comment or in any documents
attached to your comment. Any
information that you do not want to be
publicly viewable should not be
included in your comment, nor in any
document attached to your comment.
Persons viewing comments will see only
first and last names, organization
names, correspondence containing
comments, and any documents
submitted with the comments.
Do not submit to https://
www.regulations.gov information for
which disclosure is restricted by statute,
such as trade secrets and commercial or
financial information (hereinafter
referred to as Confidential Business
Information (‘‘CBI’’)). Comments
submitted through https://
www.regulations.gov cannot be claimed
as CBI. Comments received through the
website will waive any CBI claims for
the information submitted. For
information on submitting CBI, see the
Confidential Business Information
section.
DOE processes submissions made
through https://www.regulations.gov
before posting. Normally, comments
will be posted within a few days of
being submitted. However, if large
volumes of comments are being
processed simultaneously, your
VerDate Sep<11>2014
15:59 Aug 19, 2019
Jkt 247001
comment may not be viewable for up to
several weeks. Please keep the comment
tracking number that https://
www.regulations.gov provides after you
have successfully uploaded your
comment.
Submitting comments via email, hand
delivery, or postal mail. Comments and
documents submitted via email, hand
delivery/courier, or postal mail also will
be posted to https://www.regulations.gov.
If you do not want your personal contact
information to be publicly viewable, do
not include it in your comment or any
accompanying documents. Instead,
provide your contact information on a
cover letter. Include your first and last
names, email address, telephone
number, and optional mailing address.
The cover letter will not be publicly
viewable as long as it does not include
any comments.
Include contact information each time
you submit comments, data, documents,
and other information to DOE. If you
submit via postal mail or hand delivery/
courier, please provide all items on a
CD, if feasible. It is not necessary to
submit printed copies. No facsimiles
(faxes) will be accepted.
Comments, data, and other
information submitted to DOE
electronically should be provided in
PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file
format. Provide documents that are not
secured, written in English and free of
any defects or viruses. Documents
should not contain special characters or
any form of encryption and, if possible,
they should carry the electronic
signature of the author.
Campaign form letters. Please submit
campaign form letters by the originating
organization in batches of between 50 to
500 form letters per PDF or as one form
letter with a list of supporters’ names
compiled into one or more PDFs. This
reduces comment processing and
posting time.
Confidential Business Information.
According to 10 CFR 1004.11, any
person submitting information that he
or she believes to be confidential and
exempt by law from public disclosure
should submit via email, postal mail, or
hand delivery two well-marked copies:
One copy of the document marked
confidential including all the
information believed to be confidential,
and one copy of the document marked
‘‘non-confidential’’ with the information
believed to be confidential deleted.
Submit these documents via email to
ResDishwasher2016TP0012@ee.doe.gov
or on a CD, if feasible. DOE will make
its own determination about the
confidential status of the information
PO 00000
Frm 00009
Fmt 4702
Sfmt 9990
43079
and treat it according to its
determination.
Factors of interest to DOE when
evaluating requests to treat submitted
information as confidential include (1) a
description of the items, (2) whether
and why such items are customarily
treated as confidential within the
industry, (3) whether the information is
generally known by or available from
other sources, (4) whether the
information has previously been made
available to others without obligation
concerning its confidentiality, (5) an
explanation of the competitive injury to
the submitting person which would
result from public disclosure, (6) when
such information might lose its
confidential character due to the
passage of time, and (7) why disclosure
of the information would be contrary to
the public interest.
It is DOE’s policy that all comments
may be included in the public docket,
without change and as received,
including any personal information
provided in the comments (except
information deemed to be exempt from
public disclosure).
DOE considers public participation to
be a very important part of the process
for developing test procedures and
energy conservation standards. DOE
actively encourages the participation
and interaction of the public during the
comment period in each stage of this
process. Interactions with and between
members of the public provide a
balanced discussion of the issues and
assist DOE in the process. Anyone who
wishes to be added to the DOE mailing
list to receive future notices and
information about this process should
contact Appliance and Equipment
Standards Program staff at (202) 287–
1445 or via email at
ApplianceStandardsQuestions@
ee.doe.gov.
Signed in Washington, DC, on August 6,
2019.
Alexander N. Fitzsimmons,
Acting Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2019–17762 Filed 8–19–19; 8:45 am]
BILLING CODE 6450–01–P
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]]>Agencies
[Federal Register Volume 84, Number 161 (Tuesday, August 20, 2019)]
[Proposed Rules]
[Pages 43071-43079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17762]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 84, No. 161 / Tuesday, August 20, 2019 /
Proposed Rules
[[Page 43071]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2016-BT-TP-0012]
Energy Conservation Program: Test Procedure for Dishwashers
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Request for information.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') is initiating a data
collection process through this request for information (``RFI'') to
consider whether to amend DOE's test procedure for consumer
dishwashers. As part of this RFI, DOE seeks comment on whether there
have been changes in product testing methodology or new products on the
market since the last test procedure update that may create the need to
make amendments to the test procedure for dishwashers. Specifically,
DOE seeks data and information that could enable the agency to propose
that the current test procedure produces results that are
representative of an average use cycle for the product and is not
unduly burdensome to conduct, and therefore does not need amendment. To
inform interested parties and to facilitate this process, DOE has also
gathered data, identifying several issues associated with the currently
applicable test procedures on which DOE is interested in receiving
comment. The issues outlined in this document mainly concern consumer
usage patterns; appropriate testing conditions and methods; efficiency
metrics; and any additional topics that may inform DOE's decision
whether to conduct a future test procedure rulemaking. DOE welcomes
written comments from the public on any subject within the scope of
this document (including topics not raised in this RFI).
DATES: Written comments and information are requested and will be
accepted on or before September 19, 2019.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at https://www.regulations.gov. Follow
the instructions for submitting comments. Alternatively, interested
persons may submit comments, identified by docket number EERE-2016-BT-
TP-0012, by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments.
2. Email: [email protected]. Include docket number
EERE-2016-BT-TP-0012 in the subject line of the message.
3. Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1445. If possible, please submit all items on a compact disc
(``CD''), in which case it is not necessary to include printed copies.
4. Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 950
L'Enfant Plaza SW, Suite 600, Washington, DC 20024. Telephone: (202)
287-1445. If possible, please submit all items on a CD, in which case
it is not necessary to include printed copies.
No telefacsimilies (faxes) will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section III of this document.
Docket: The docket for this activity, which includes Federal
Register notices, comments, and other supporting documents/materials,
is available for review at https://www.regulations.gov. All documents in
the docket are listed in the https://www.regulations.gov index. However,
some documents listed in the index, such as those containing
information that is exempt from public disclosure, may not be publicly
available.
The docket web page can be found at https://www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=38&action=viewlive. The docket web page
contains simple instructions on how to access all documents, including
public comments, in the docket. See section III for information on how
to submit comments through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, 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) 586-0371. Email:
[email protected].
Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-7796. Email:
[email protected].
For further information on how to submit a comment or review other
public comments and the docket, contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority and Background
B. Rulemaking History
II. Request for Information
A. Scope and Definitions
B. Energy and Water Consumption Test Procedure
1. Representativeness
a. Cycle Selections
b. Power-Dry Feature
c. Test Load Items
d. Annual Number of Cycles
e. Soils
f. Loading Pattern
g. Preconditioning Cycles
h. Detergent
i. Rinse Aid
j. Water Hardness
k. Water Softener Regeneration Cycles
l. Standby Testing
m. Ambient Temperature
n. Relative Humidity
2. Repeatability and Reproducibility
C. Efficiency Metrics
D. Other Test Procedure Topics
1. Test Procedure Waivers
2. Other Topics
III. Submission of Comments
I. Introduction
Consumer dishwashers are included in the list of ``covered
products'' for which DOE is authorized to establish and amend energy
conservation standards and test procedures. (42
[[Page 43072]]
U.S.C. 6292(a)(6)) DOE's test procedures for consumer dishwashers are
prescribed at Title 10 of the Code of Federal Regulations (``CFR'')
part 430, subpart B, appendix C1 (``appendix C1''). The following
sections discuss DOE's authority to establish and amend test procedures
for consumer dishwashers, as well as relevant background information
regarding DOE's consideration of test procedures for this product.
A. Authority and Background
The Energy Policy and Conservation Act of 1975, as amended
(``EPCA''),\1\ among other things, authorizes DOE to regulate the
energy efficiency of a number of consumer products and certain
industrial equipment. (42 U.S.C. 6291-6317) Title III, Part B \2\ of
EPCA established the Energy Conservation Program for Consumer Products
Other Than Automobiles, which sets forth a variety of provisions
designed to improve energy efficiency. These products include consumer
dishwashers, the subject of this RFI. (42 U.S.C. 6292(a)(6))
---------------------------------------------------------------------------
\1\ All references to EPCA in this document refer to the statute
as amended through America's Water Infrastructure Act of 2018,
Public Law 115-270 (October 23, 2018).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
---------------------------------------------------------------------------
Under EPCA, DOE's energy conservation program consists essentially
of four parts: (1) Testing, (2) labeling, (3) Federal energy
conservation standards, and (4) certification and enforcement
procedures. Relevant provisions of the Act specifically include
definitions (42 U.S.C. 6291), energy conservation standards (42 U.S.C.
6295), test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C.
6294), and the authority to require information and reports from
manufacturers (42 U.S.C. 6296).
Federal energy efficiency requirements for covered products
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for
particular State laws or regulations, in accordance with the procedures
and other provisions of EPCA. (42 U.S.C. 6297(d))
The Federal testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for: (1)
Certifying to DOE that their products comply with the applicable energy
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)),
and (2) making representations about the efficiency of those consumer
products (42 U.S.C. 6293(c)). Similarly, DOE must use these test
procedures to determine whether the products comply with relevant
standards promulgated under EPCA. (42 U.S.C. 6295(s))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered products. EPCA requires that any test procedures prescribed or
amended under this section be reasonably designed to produce test
results which measure energy efficiency, energy use or estimated annual
operating cost of a covered product during a representative average use
cycle or period of use and not be unduly burdensome to conduct. (42
U.S.C. 6293(b)(3))
In addition, EPCA requires that DOE amend its test procedures for
all covered products to integrate measures of standby mode and off mode
energy consumption into the overall energy efficiency, energy
consumption, or other energy descriptor, taking into consideration the
most current versions of Standards 62301 and 62087 of the International
Electrotechnical Commission (``IEC''), unless the current test
procedure already incorporates the standby mode and off mode energy
consumption, or if such integration is technically infeasible. (42
U.S.C. 6295(gg)(2)(A)) If an integrated test procedure is technically
infeasible, DOE must prescribe separate standby mode and off mode
energy use test procedures for the covered product, if a separate test
is technically feasible. (Id.)
EPCA also requires that, at least once every 7 years, DOE evaluate
test procedures for each type of covered product, including consumer
dishwashers, to determine whether amended test procedures would more
accurately or fully comply with the requirements for the test
procedures to not be unduly burdensome to conduct and be reasonably
designed to produce test results that reflect energy efficiency, energy
use, and estimated operating costs during a representative average use
cycle or period of use. (42 U.S.C. 6293(b)(1)(A)) If the Secretary
determines, on his own behalf or in response to a petition by any
interested person, that a test procedure should be prescribed or
amended, the Secretary shall promptly publish in the Federal Register
proposed test procedures and afford interested persons an opportunity
to present oral and written data, views, and arguments with respect to
such procedures. The comment period on a proposed rule to amend a test
procedure shall be at least 60 days and may not exceed 270 days. In
prescribing or amending a test procedure, the Secretary shall take into
account such information as the Secretary determines relevant to such
procedure, including technological developments relating to energy use
or energy efficiency of the type (or class) of covered products
involved. (42 U.S.C. 6293(b)(2)) If DOE determines that test procedure
revisions are not appropriate, DOE must publish its determination not
to amend the test procedures. DOE is publishing this RFI to collect
data and information to inform its decision in satisfaction of the 7-
year review requirement specified in EPCA. (42 U.S.C. 6293(b)(1)(A))
B. Rulemaking History
DOE originally established its test procedure for consumer
dishwashers in 1977 at 10 CFR part 430, subpart B, appendix C
(``appendix C''). 42 FR 39964 (Aug. 8, 1977). Since that time, the test
procedure has undergone a number of amendments. In 1983, DOE amended
the test procedure to revise the representative average-use cycles to
more accurately reflect consumer use and to address consumer
dishwashers that use 120 degree Fahrenheit (``[deg]F'') inlet water. 48
FR 9202 (March 3, 1983). DOE amended the test procedure again in 1984
to redefine the term ``water heating dishwasher.'' 49 FR 46533 (Nov.
27, 1984). In 1987, DOE amended the test procedure to address models
that use 50 [deg]F inlet water. 52 FR 47549 (Dec. 15, 1987). In 2001,
DOE revised the test procedure's testing specifications to improve
testing repeatability, amended the definitions of ``compact
dishwasher'' and ``standard dishwasher,'' and reduced the average
number of use cycles per year from 322 to 264. 66 FR 65091 (Dec. 18,
2001). In 2003, DOE again revised the test procedure to more accurately
measure consumer dishwasher efficiency, energy use, and water use. 68
FR 51887 (Aug. 29, 2003) (``August 2003 final rule''). The August 2003
final rule amendments included the following revisions: (1) The
addition of a method to rate the efficiency of soil-sensing products,
(2) the addition of a method to measure standby power, and (3) a
reduction in the average-use cycles per year from 264 to 215. Id. On
October 31, 2012, DOE established a new test procedure for consumer
dishwashers in appendix C1. 77 FR 65941 (``October 2012 final rule'').
Appendix C1 follows the same general procedures as those included in
the previously used appendix C, with updates to: (1) Revise the
provisions for measuring energy consumption in standby mode or off
mode; (2) add requirements for consumer dishwashers with water
softeners to account for
[[Page 43073]]
regeneration cycles; (3) require an additional preconditioning cycle;
(4) include clarifications regarding certain definitions, test
conditions, and test setup; and (5) replace obsolete test load items
and soils. Id. at 65982-65987.
The current version of the test procedure includes provisions for
determining estimated annual energy use (``EAEU'') in kilowatt-hours
per year (``kWh/year''), estimated annual operating cost (``EAOC'') in
dollars per year, and water consumption in gallons per cycle (``gal/
cycle''). 10 CFR 430.23(c).
As of May 30, 2013, manufacturers must use appendix C1 to
demonstrate compliance with DOE's energy conservations standards for
dishwashers, which are set forth at 10 CFR 430.32(f)(3). The current
energy conservation standards for consumer dishwashers are consistent
with recommendations submitted to DOE by groups representing
manufacturers, energy and environmental advocates, and consumer groups
on July 30, 2010.\3\ 77 FR 31918, 31919 (May 30, 2012).
---------------------------------------------------------------------------
\3\ This collective set of comments, titled ``Agreement on
Minimum Federal Efficiency Standards, Smart Appliances, Federal
Incentives and Related Matters for Specified Appliances'' (the
``Joint Petition''), recommended specific energy conservation
standards for consumer dishwashers that, in the commenters' view,
would satisfy the EPCA requirements. DOE conducted a rulemaking
analysis on multiple consumer dishwasher efficiency levels,
including those suggested in the Joint Petition. The Joint Petition
is located in the DOE docket for the consumer dishwasher energy
conservation standards rulemaking, Docket No. EERE-2011-BT-STD-0060,
document number 1 and available for review at https://www.regulations.gov/document?D=EERE-2011-BT-STD-0060-0001.
---------------------------------------------------------------------------
On December 19, 2014, DOE published notice of proposed rulemaking
(``NOPR'') proposing amended energy conservation standards for
dishwashers (``December 2014 NOPR''). 79 FR 76142. In response to the
December 2014 NOPR, manufacturers and the Association of Home Appliance
Manufacturers (``AHAM'') commented that issues with the existing
appendix C1 resulted in a flawed analysis for the proposed standards.
(AHAM, No. 21 at pp. 12-14) \4\ AHAM's comment, as well as other
comments received on the issues with the test procedure, are addressed
in greater detail in the relevant later sections of this document.
---------------------------------------------------------------------------
\4\ A notation in the form ``AHAM, No. 21 at pp. 21-24''
identifies a written comment: (1) Made by the Association of Home
Appliance Manufacturers; (2) recorded in document number 21 that is
filed in the docket of that energy conservation standards rulemaking
(Docket No. EERE-2014-BT-STD-0021) and available for review at
https://www.regulations.gov; and (3) which appears on pages 12
through 14 of document number 21.
---------------------------------------------------------------------------
After considering comments received on the December 2014 NOPR and
additional information, DOE conducted further analysis through which it
concluded that amended standards for consumer dishwashers would not be
economically justified. 81 FR 90072 (Dec. 13, 2016) (``December 2016
final determination''). In the December 2016 final determination, DOE
also removed the obsolete version of appendix C. Based on consideration
of the concerns raised by interested parties on certain aspects of the
consumer dishwasher test procedure, DOE agreed in the December 2016
final determination that it would seek additional information on these
issues. 81 FR 90072, 90076. DOE is publishing this RFI to solicit
public information, data, and comments from all interested parties on
these topics.
II. Request for Information
As an initial matter, DOE seeks comment on whether there have been
changes in product testing methodology or new products on the market
since the last test procedure update that may necessitate amendments to
the test procedure for dishwashers. Specifically, DOE seeks data and
information that could enable the agency to propose that the current
test procedure produces results that are representative of an average
use cycle for the product and is not unduly burdensome to conduct, and
therefore does not need amendment. DOE also seeks information on
whether an existing private-sector developed test procedure would
produce such results and should be adopted by DOE rather than DOE
establishing its own test procedure, either entirely or by adopting
only certain provisions of one or more private-sector developed tests.
In the following sections, DOE has also identified a variety of
issues on which it seeks input to determine whether amended test
procedures for consumer dishwashers would more accurately or fully
comply with the requirements in EPCA that test procedures: (1) Be
reasonably designed to produce test results which measure energy use
during a representative average use cycle or period of use; and (2) not
be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
Additionally, DOE welcomes comments on other issues relevant to the
conduct of this process that may not specifically be identified in this
document. In particular, DOE notes that under Executive Order 13771,
``Reducing Regulation and Controlling Regulatory Costs,'' Executive
Branch agencies such as DOE are directed to manage the costs associated
with the imposition of expenditures required to comply with Federal
regulations. See 82 FR 9339 (Feb. 3, 2017). Consistent with that
Executive Order, DOE encourages the public to provide input on measures
DOE could take to lower the cost of its regulations applicable to
consumer dishwashers consistent with the requirements of EPCA.
A. Scope and Definitions
A consumer dishwasher is a cabinet-like appliance which with the
aid of water and detergent, washes, rinses, and dries (when a drying
process is included) dishware, glassware, eating utensils, and most
cooking utensils by chemical, mechanical and/or electrical means and
discharges to the plumbing drainage system. 10 CFR 430.2. Products
meeting this definition are subject to DOE's regulations for testing,
certifying, and complying with energy conservation standards.
B. Energy and Water Consumption Test Procedure
As described, DOE's current energy conservation standards for
consumer dishwashers are expressed in terms of EAEU, in kWh/year, and
water consumption, in gal/cycle. 10 CFR 430.32(f)(1). The current test
procedure at 10 CFR 430.23(c) includes provisions for determining these
values as well as EAOC, based upon testing procedures in appendix C1.
In response to the December 2014 NOPR, DOE received a number of
comments raising concern that certain aspects of the test procedure may
not be reasonably designed to measure the energy use of dishwashers
during a representative average use cycle or period of use. DOE also
received feedback on concerns with repeatability and reproducibility of
the appendix C1 test procedure. The following sections discuss each of
these issues in greater detail.
1. Representativeness
In accordance with 42 U.S.C. 6293(b)(3), DOE's consumer dishwasher
test procedure must be reasonably designed to produce test results that
measure energy use, water use, and estimated annual operating cost of
dishwashers during a representative average use cycle or period of use.
In this RFI, DOE is requesting information on multiple aspects of the
test procedure and whether these aspects appropriately reflect that of
a representative average use cycle.
a. Cycle Selections
Sections 2.6.1, 2.6.2, and 2.6.3 of appendix C1 currently require
testing of a dishwasher on the ``normal'' cycle,
[[Page 43074]]
which is defined as the cycle recommended in the manufacturer's
instructions for daily, regular, or typical use to completely wash a
full load of normally soiled dishes including the power-dry feature.
Section 1.12, appendix C1. Most consumer dishwashers available on the
market offer multiple cycle selections. In response to the December
2014 NOPR, AHAM commented that were energy conservation standards to be
set at more stringent levels, consumers may be more likely to select
more energy and water-intensive cycle selections (e.g., pots and pans)
rather than the normal cycle to ensure the best cleaning performance.
(AHAM, No. 21 at p. 9)
In response to AHAM's comment, DOE is requesting any available
consumer usage data describing how frequently consumers select the
normal cycle and other cycle types. DOE notes the availability of data
gathered in the U.S. Energy Information Agency's (``EIA'') 2015
Residential Energy Consumption Survey (``RECS''), which surveyed
consumer use of normal (both with and without heated dry), heavy,
light, and energy-saver cycle settings. DOE also seeks information on
whether cycle selection varies based on a specific product's energy and
water consumption.
Testing of the normal cycle requires testing with the manufacturer-
recommended washing and drying temperature options. Section 1.12,
appendix C1. DOE also requests information on additional cycle options
that may be available with the normal cycle, including any temperature
or drying options other than those recommended by the manufacturer, the
means for consumers to select additional cycle options, and the
frequency with which consumers select the options.
This information will also help DOE determine whether current or
amended energy conservation standards, established based on the DOE
test procedure, affect (or would affect) consumers' cycle selections.
Using this information will help DOE ensure that DOE does not set
standards such that energy and water use levels for the normal cycle
result in consumers selecting more energy and water-intensive cycle
options. In DOE's view, such standards would not meet the ECPA
requirements for establishing standards that are technologically
feasible and economically justified, and would save a significant
amount of energy.
b. Power-Dry Feature
Appendix C1 accounts for operation of a dishwasher on the normal
cycle with the power-dry feature selected. Appendix C1 also accounts
for the option to eliminate use of the power-dry feature following the
final rinse operation, i.e., a truncated normal cycle. Section 1.22 of
appendix C1 defines ``truncated normal cycle'' as the normal cycle
interrupted to eliminate the power-dry feature after the termination of
the last rinse operation. Section 1.14 of appendix C1 defines the
``power-dry feature'' as a feature that introduces electrically-
generated heat into the washing chamber to improve the drying
performance of the dishwasher. The drying energy consumption
calculations in section 5.3 of appendix C1 account for the energy
consumed by the power-dry feature after the termination of the last
rinse option of the normal cycle.
The typical implementation of a power-dry feature had been to
utilize an exposed resistance heater to heat the air inside the washing
chamber after the final rinse to evaporate the water from the dishware.
However, manufacturers have innovated additional technologies to
improve drying.
Some consumer dishwasher models do not use a resistance heater to
heat the air, but instead achieve drying by raising the temperature of
the final rinse water. This increase in the temperature of the final
rinse water is not addressed in the truncated normal cycle or drying
energy consumption provisions, as it occurs as part of the final rinse
and not after the final rinse.
DOE requests information and data on the extent to which
manufacturers increase the temperature of the final rinse water as a
means to improve drying performance. DOE further requests information
on the extent to which manufacturers implement such a drying strategy
as part of the normal cycle, and whether and to what extent such units
provide an option to eliminate this drying function. DOE also requests
data and information on the energy use associated with increasing the
temperature of the final rinse water as a means to improve drying
performance, including any available options.
c. Test Load Items
Appendix C1 requires testing with four or eight place settings for
compact and standard dishwashers, respectively.\5\ Sections 2.6.2,
2.6.3.1, 2.6.3.2, 2.6.3.3, appendix C1. A place setting includes the
following items: One cup, one saucer, one dinner plate, one bread and
butter plate, one fruit bowl, one iced tea glass, one dinner fork, one
salad fork, one knife, and two teaspoons. Section 2.7.2, appendix C1.
Both compact and standard dishwashers are also loaded with six serving
pieces: Two serving bowls, one platter, one serving fork, and two
serving spoons. Section 2.7.3, appendix C1. The place setting and
serving piece specifications required in appendix C1 are consistent
with those provided in American National Standards Institute
(``ANSI'')/AHAM Standard DW-1-2010, Household Electric Dishwashers
(``ANSI/AHAM DW-1-2010'').
---------------------------------------------------------------------------
\5\ Section 1.4 of appendix C1 defines a ``compact dishwasher''
as having a capacity of less than eight place settings plus six
serving pieces, as specified in ANSI/AHAM DW-1-2010. Section 1.20 of
appendix C1 defines a ``standard dishwasher'' as having a capacity
equal to or greater than eight place settings plus six serving
pieces as specified in ANSI/AHAM DW-1-2010.
---------------------------------------------------------------------------
Based on consumer dishwasher models certified in DOE's Compliance
Certification Database as of March 2019, among a total of 895 standard-
size models, 11 percent have a reported capacity of eight place
settings, 70 percent have a capacity of 12 place settings, and 16
percent have a capacity that is greater than 12 place settings. Because
appendix C1 specifies testing with eight place settings for a standard-
size dishwasher, almost 89 percent of standard-size consumer
dishwashers (i.e. dishwashers with a capacity equal to or greater than
eight place settings) are tested with a load that is smaller than the
certified capacity. For example, a consumer dishwasher that is
certified with a capacity of 12 place settings is classified as a
standard dishwasher and is tested with eight place settings. DOE
requests information on the typical number of place settings washed by
consumers in each dishwasher cycle, as well as how the typical number
of place settings relates to a dishwasher's overall capacity. DOE also
requests information on whether the number of place settings affects
energy and water consumption under appendix C1.
Additionally, DOE received feedback that the test load composition
of place settings and serving pieces defined in section 2.7.1 of
appendix C1 may not represent typical consumer loads. For example, the
appendix C1 test load does not include any plastic items. DOE is aware
of one industry test method, IEC Standard 60436, Electric dishwashers
for household use--Methods for measuring the performance (``IEC
60436''), which includes a melamine bowl as one of the serving pieces
in the test load. DOE requests information on whether introduction of
plastic items
[[Page 43075]]
could have an impact on energy or water use, as well as on the typical
composition of place setting items, serving pieces, and flatware that
are washed in consumer dishwashers, including the types of items (e.g.,
cups, bowls, and plates) and their characteristics (e.g., size and
material).
d. Annual Number of Cycles
DOE's current test procedure calculates EAEU using 215 annual
cycles. In the December 2014 NOPR and chapter 7 of its accompanying
technical support document (``TSD''),\6\ DOE discussed the sources for
this annual number of cycles as part of the energy and water use
analysis. 79 FR 76142, 76156. DOE noted that the consumer dishwasher
test procedure amendments in the August 2003 final rule relied on
compiled survey data of consumers' dishwasher usage habits from a
number of sources, including the 1997 RECS, several consumer dishwasher
manufacturers, detergent manufacturers, energy and consumer interest
groups, independent researchers, and government agencies. Id. These
data yielded the average usage of 215 cycles per year. Id. DOE
considered survey data from the 2009 version of RECS, but determined
that because of the large data set used to develop the 215 cycle value,
it would retain use of that value. Id. DOE also noted that 215 cycles
per year is the number of cycles on which the EnergyGuide label
administered by the Federal Trade Commission is based. Id.
---------------------------------------------------------------------------
\6\ Available at https://www.regulations.gov/document?D=EERE-2014-BT-STD-0021-0005.
---------------------------------------------------------------------------
In response to the December 2014 NOPR, AHAM commented that several
newer editions of RECS data are available, including most recently (at
that time) from the 2009 RECS. AHAM also noted that the 2009 RECS data
include 12,100 households with 7,382 dishwashers, as compared to the
5,900 households in the 1997 RECS. Additionally, AHAM stated that the
EIA has instituted a number of improvements to its methodology to
increase the sample size and data accuracy of the 2009 survey. AHAM
stated that as a result, the 2009 RECS data would be more appropriate
to use than the 1997 RECS data. (AHAM, No. 21 at pp. 24-25) The
Mercatus Center at George Mason University (``Mercatus Center'')
commented that the number of cycles per year used for the December 2014
NOPR analysis relied on a survey from 2001, which occurred during an
extended period of decreasing household sizes and reduction in food
preparation. (Mercatus Center, No. 11 at p. 7)
As discussed in chapter 7 of the final rule TSD accompanying the
December 2016 final determination, the 2009 RECS data provide
information on the number of cycles per week for each household using a
consumer dishwasher, categorized in the following bins: (1) Less than
once per week, (2) once per week, (3) 2-3 times per week, (4) 4-6 times
per week, and (5) at least once per day. Because the RECS data do not
include point estimates of usage, DOE considered survey data it used to
develop the amendments in the August 2003 final rule, which included
data from a 2001 Arthur D. Little survey,\7\ and that were analyzed
again as part of the October 2012 final rule to estimate the average
number of consumer dishwasher cycles per year.\8\ DOE converted the
information from the 2009 RECS to annual values. The data from the 2009
RECS indicate an average of 204 annual cycles (rather than 245 as
derived from the 1997 RECS). Incorporating this value with the
additional survey data used in the August 2003 final rule suggests a
value of 207 average annual cycles.
---------------------------------------------------------------------------
\7\ 68 FR 51887, 51889-51890.
\8\ 77 FR 31918, 31932.
---------------------------------------------------------------------------
DOE requests any additional information on annual consumer use of
dishwashers, including on the appropriateness of the analysis that
incorporates the 2009 RECS data and whether it results in a
representative annual usage estimate. DOE also seeks feedback on the
suitability of data from the 2015 RECS, which directly asks for the
typical number of dishwasher cycles per week rather than providing
binned response options.
e. Soils
The August 2003 final rule amended the consumer dishwasher test
procedure to account for the varying energy and water performance of
units that include soil sensors. 68 FR 51887, 51890, 51893. In that
rulemaking, DOE relied on survey data gathered by Arthur D. Little
(``ADL'') \9\ to characterize the quantity of soils that consumers load
into a dishwasher. Using the soil loads from an earlier version of AHAM
DW-1 \10\ as a reference point, the ADL report defined a light soil
load as half the quantity of a single soiled place setting as defined
in AHAM DW-1. A medium soil load was equivalent to two soiled AHAM DW-1
place settings and a heavy soil load was approximately equal to four
soiled AHAM DW-1 place settings. With these load size definitions, ADL
found that consumers most frequently washed lightly soiled loads (62
percent of loads), with medium (33 percent) and heavy (5 percent) soil
loads making up the remainder. The appendix C1 test procedure assumes
the same distribution of soil loads as identified in the ADL report.
---------------------------------------------------------------------------
\9\ ADL survey data are available at https://www.regulations.gov/document?D=EERE-2006-TP-0096-0055.
\10\ Although not identical to the soil loads in ANSI/AHAM DW-1-
2010, they are substantially similar.
---------------------------------------------------------------------------
In response to the December 2014 NOPR, Samsung Electronics America,
Inc. (``Samsung'') commented that the soil loads in the current DOE
test procedure, including the heavy soil load, appear to reflect
consumer pre-rinsing. Samsung proposed that the DOE test procedure be
updated to reflect the soiling condition without pre-rinsing to
encourage consumer dishwasher cycles to be designed for the soiling
condition without pre-rinsing. Samsung suggested soiling levels per
AHAM DW-1-2009 \11\ could represent soiling condition without pre-
rinsing. Samsung asserted that adopting more stringent standards
without amending the test procedure accordingly would drive consumer
dishwasher cycle designs that use less energy and water under the DOE
soil condition, but use significantly more water and energy under
consumer usage with no pre-rinsing. (Samsung, No. 19 at pp. 1-2) AHAM
asserted that under the standards proposed in the December 2014 NOPR,
consumers would pre-rinse dishes before placing them in the dishwasher,
significantly increasing water use. (AHAM, No. 21 at p. 9)
---------------------------------------------------------------------------
\11\ The soil loads in AHAM DW-1-2009 are identical to those in
ANSI/AHAM DW-1-2010.
---------------------------------------------------------------------------
DOE requests information on whether consumer loads have changed
since the survey data gathered in support of the August 2003 final
rule. Specifically, DOE requests data or survey information regarding
soiling conditions and the frequency of pre-rinsing to inform whether
any changes to the current soil loads are warranted.
In addition to the quantity of soils loaded into the dishwasher,
DOE seeks information on whether the types of soil required in appendix
C1 result in a test method that measures energy and water use during a
representative use cycle or period of use. The soil types are defined
by ANSI/AHAM DW-1-2010; however, appendix C1 does not require flatware
or serving pieces to be soiled. These soils include: Eggs, corn,
oatmeal, potatoes, a ground beef mixture, raspberry preserves, coffee
(including coffee grounds), and tomato juice. DOE notes that the ANSI/
AHAM DW-1-2010 soil load also includes peanut butter,
[[Page 43076]]
which is not used in appendix C1 testing. Appendix C1 requires drying
the soils on the test load items for approximately 2 hours before
loading into the dishwasher. DOE notes that other industry test
procedures, such as IEC 60436, include different soil types, soiling
methods, and longer drying or baking-on periods for the soils.
In response to the December 2014 NOPR, AHAM and a group of its
members gathered data on soils and cleaning performance and presented
the information to DOE in a meeting on July 8, 2015.\12\ An AHAM member
tested three consumer dishwashers with varying energy and water
consumptions, one at the current baseline, one at the standard level
proposed in the December 2014 NOPR, and one at an intermediate level
(at 255 kWh/year and 3.1 gal/cycle). The three dishwashers were
evaluated by the manufacturer on their ability to remove adhered ANSI/
AHAM DW-1-2010 soils and additional fats and grease. The information
AHAM provided indicated that the dishwashers with energy and water
consumptions less than the baseline may have more difficulty removing
certain grease and adhered soils compared to dishwashers that just meet
the current standard level. (AHAM, No. 27 at pp. 2-13)
---------------------------------------------------------------------------
\12\ A summary of the meeting and the materials presented at
this meeting are available at document ID EERE-2014-BT-STD-0021-0027
on https://www.regulations.gov.
---------------------------------------------------------------------------
DOE requests information on the typical mix of soils consumers load
into their dishwashers, on the appropriateness of the current
composition of soil loads in appendix C1, and on whether the appendix
C1 soil loads should be updated to incorporate different types of
soils, including any additional fats or greases.
f. Loading Pattern
Section 2.6 of appendix C1 references section 5.8 of ANSI/AHAM DW-
1-2010 for loading instructions. That section requires loading in
accordance with the manufacturer's recommendation. AHAM stated that
appendix C1's lack of loading specificity is a source of test procedure
uncertainty. (AHAM, No. 21 at pp. 13-14) The test load in appendix C1
includes a mix of soiled and unsoiled items, whereas every item in an
ANSI/AHAM DW-1-2010 test load is soiled. Manufacturers do not provide
instructions for loading a mix of soiled and clean items. The
positioning of soiled items relative to unsoiled items may impact the
rate at which soils are removed from the test load items, which may
impact soil sensor responses.
DOE requests feedback on whether any additional instructions are
needed beyond referencing a manufacturer's loading recommendation.
DOE also requests information on how consumers typically load
dishwashers. Although manufacturer instructions may optimize loading
patterns to maximize loading capacity and dishwasher performance,
consumers may use other loading positions and alignment, leading to
variability in dishwasher performance.
g. Preconditioning Cycles
Section 2.9 of appendix C1 specifies that two preconditioning
cycles must be run prior to the energy and water consumption test
cycles. The purpose of the pre-conditioning cycles is to ensure that
the water lines and sump area of the pump are primed, as well as to
ensure that the soil sensors are calibrated for soil-sensing
dishwashers. Section 2.9 also specifies that the prewash, if any, and
main wash fill water volumes from the second preconditioning cycle must
be measured to calculate the detergent amounts to be used during the
energy and water consumption tests. DOE requests comment on whether two
preconditioning cycles are adequate or more than is necessary to
calibrate the soil sensors on all soil-sensing dishwashers. DOE also
requests comment on whether using the water volumes from the second
preconditioning cycle would be appropriate for determining the
detergent amounts if the sensors are still being calibrated during this
second preconditioning cycle.
h. Detergent
The detergent formulation used in appendix C1 is Cascade with the
Grease Fighting Power of Dawn powder. Section 2.10, appendix C1.
Appendix C1 specifies that the amount of detergent to be used for
testing is half of the quantity specified in ANSI/AHAM DW-1-2010,
calculated based on the pre-wash and main wash fill volumes. Id. DOE
introduced specifications for detergent quantity at the time it
incorporated soiled loads into the DOE test procedure. 68 FR 51887,
51890-51891. In that rulemaking, interested parties commented that
detergent dosing impacts a consumer dishwasher's cleaning performance
but not energy consumption. Id. Identification of the specific
detergent was subsequently added in the October 2012 final rule. 77 FR
65941, 65965.
In response to the December 2014 NOPR, AHAM commented that the
detergent quantity requirements are subject to different
interpretations between test laboratories, as observed during AHAM's
round robin testing. Specifically, AHAM described difficulty in
distinguishing pre-wash and main wash fills from each other and from
any subsequent rinse fills. AHAM stated that this leads to test
laboratories using different fill volumes in the detergent
concentration calculations, resulting in different detergent dosing
that will impact both energy and cleaning performance test results.
(AHAM, No. 21 at p. 13) DOE has observed that some consumer dishwashers
use a combination of fills and partial drains during the initial wash
portions of the cycle, creating potential difficulty in distinguishing
between the pre-wash and main wash portions of the cycle and the
corresponding quantities of water remaining in the test unit.
DOE has also received feedback that consumers are increasingly
moving from powder or liquid detergents to single-dose detergents
(e.g., capsules or pods). Therefore, basing the detergent dosing on the
wash fill volumes may not be representative of consumer use if
consumers more frequently use a single dose or fixed quantity of powder
or liquid detergent for every dishwasher cycle regardless of the cycle
selection or soil load.
DOE requests information on whether the current powder detergent
results in a test procedure reasonably designed to measure energy or
water use during a representative use cycle or period of use. DOE also
requests comment on whether the test procedure should continue to
require calculating the detergent dosing based on the measured water
fill volumes, or whether specifying a fixed amount of detergent, either
in powder or single-dose form, would be more appropriate. If calculated
detergent dosages are appropriate, DOE requests information on methods
to differentiate between the different portions of a wash cycle and how
to appropriately calculate the corresponding detergent dosing. DOE
notes that certain manufacturers include dosing recommendations in
their user guides and requests feedback on whether the detergent dosing
for testing should reference any such recommendations.
Additionally, DOE has received feedback from manufacturers that the
formulations of commercially available detergents often change
significantly. Detergent manufacturers may make periodic adjustments to
detergent composition, resulting in different performance
characteristics depending on when and where the detergent was
purchased. To address this issue, IEC 60436 specifies the use of a
reference
[[Page 43077]]
detergent formulation. DOE requests information on whether the use of a
reference detergent would be appropriate for the DOE test procedure.
i. Rinse Aid
Appendix C1 currently requires that testing be conducted without
the use of rinse aid, and that any rinse aid reservoirs remain empty
for testing. As part of the August 2003 final rule, DOE considered
using rinse aid for testing that included soiled loads in the test
procedure. 68 FR 51887, 51890-51891. Interested parties commented that
rinse aid affects drying performance but would not impact a consumer
dishwasher's energy performance. Id.
DOE notes that IEC 60436 specifies the use of a standard rinse aid
formulation rather than a commercially marketed brand. DOE requests
information on consumer use of rinse aid, and on whether the use of
rinse aid has any effect on measured energy and water consumption.
j. Water Hardness
Appendix C1 does not currently specify any water hardness
requirement for testing. The water hardness requirement in The ENERGY
STAR Test Method for Determining Dishwasher Cleaning Performance \13\
is consistent with the requirement in ANSI/AHAM DW-1-2010, specifying a
maximum water hardness of 85 parts per million (``ppm'') of calcium
carbonate.
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\13\ The ENERGY STAR Cleaning Performance Test Method is
available at https://www.energystar.gov/products/spec/residential_dishwashers_specification_pd.
---------------------------------------------------------------------------
In response to the December 2014 NOPR, AHAM commented that the lack
of a water hardness requirement in the DOE test procedure may lead to
variability in test results between test laboratories. (AHAM, No. 21 at
p. 14)
DOE requests information on how water hardness may impact consumer
dishwasher energy and water performance, and on the burden associated
with including a water hardness requirement in the DOE test procedure.
DOE also requests information on the hardness level of water used in
current testing as compared to the water hardness level specified in
ANSI/AHAM DW-1-2010, and the degree to which the water hardness level
impacts whether the test procedure is reasonably designed to measure
energy or water use during a representative use cycle or period of use.
k. Water Softener Regeneration Cycles
The dishwasher test procedure at appendix C1 specifies certain
calculations for energy and water consumption, including calculations
for dishwashers with water softener regeneration cycles.\14\ Sections
5.1.3, 5.4.3, 5.5.1.2, 5.5.2.2, 5.6.1.2, and 5.6.2.2, appendix C1. In
its review of these calculations, DOE observed that if a dishwasher has
a water softener regeneration event at every or nearly every cycle (or,
for the purposes of appendix C1, the dishwasher is certified to have
approximately 215 regeneration cycles per year), the additional energy
and water consumption associated with the water softener regeneration
would likely already be accounted for in the measured energy and water
use of the dishwasher. However, according to appendix C1, such a
dishwasher would still be required to certify additional energy and
water use associated with regeneration. DOE requests comment on whether
such dishwashers exist that would run a regeneration at every or nearly
every cycle, and whether any additional instructions should be
specified in appendix C1 for such dishwashers.
---------------------------------------------------------------------------
\14\ Hard water (water having calcium ion concentrations higher
than 180 parts per million) prevents soaps and detergents from
properly sudsing. To address this issue for those consumers that
have hard water, some consumer dishwashers have a built-in water
softening system. The water softener system may rely on a sodium
resin that must be periodically recharged by flushing a saline
solution over it, a process which is referred to as regeneration.
During a cycle that includes a regeneration process, additional
water is mixed with salt supplied by the consumer in a compartment
separate from the detergent compartment to create the saline
solution, and this incremental water consumption requires energy to
heat it to the same temperature as is used for the active cycle.
---------------------------------------------------------------------------
l. Standby Testing
In response to the December 2014 NOPR, AHAM stated that appendix C1
does not currently specify whether standby testing is to be conducted
with the door open or closed. AHAM believes this will have a
significant impact on variability of the measured energy. (AHAM, No. 21
at p. 13) Section 4.2 of appendix C1 states to follow the test
procedure in Section 5, Paragraph 5.3.2 of IEC 62301, which specifies
setup according to the manufacturer's instructions for use. If no
manufacturer instructions for use are provided, the factory or default
settings shall be used. When there are no indications of factory or
default settings, the product is tested as supplied.
DOE requests comment on whether testing with the door closed is
representative of energy use in standby mode or off mode during a
representative average use cycle or period of use (i.e., the door is
closed when the dishwasher is not in active mode). DOE also requests
feedback on whether energy is consumed when the door is open, and if
so, whether the energy consumption with the door open is significantly
different from the energy consumed with the door closed.
m. Ambient Temperature
Section 2.5.1 of Appendix C1 currently specifies an ambient
temperature of 75 [deg]F 5 [deg]F for active mode testing.
In response to the December 2014 NOPR, AHAM commented that varying
ambient temperatures can lead to different thermal hold times, which
can lead to different measured energy results. AHAM stated that it was
studying whether it is possible to tighten the allowable ambient
temperature range in order to improve repeatability and
reproducibility. (AHAM, No. 21 at p. 14) DOE welcomes input regarding
the impacts of narrowing the allowable ambient temperature range on
consumer dishwasher energy and water consumption, and whether this
change would represent a burden for test facilities, and if so the
extent of the burden.
n. Relative Humidity
Appendix C1 does not currently specify an ambient relative humidity
for testing. In response to the December 2014 NOPR, AHAM noted that
relative humidity can cause variation in energy testing results, and
suggested that the DOE test procedure incorporate the relative humidity
specification in ANSI/AHAM DW-1-2010, which according to AHAM is
current industry practice. (AHAM, No. 21 at p. 14) DOE seeks input on
whether ambient relative humidity affects energy or water consumption,
and whether test facilities already maintain an ambient relative
humidity of 20 to 50 percent, as specified in ANSI/AHAM DW-1-2010. DOE
requests information on what, if any, additional test burden would
result from a relative humidity specification and the extent of any
such burden.
2. Repeatability and Reproducibility
In response to the December 2014 NOPR, AHAM suggested that the
repeatability and reproducibility of appendix C1 are not sufficient for
the test procedure to be used as the basis for an energy conservation
standards rulemaking. AHAM commented that its round robin testing
demonstrated that appendix C1's repeatability and reproducibility needs
to be improved. AHAM stated that it had been working over the past
several years to identify potential sources of variation in the
[[Page 43078]]
energy test, and to develop potential amendments to the DOE test
procedure and ANSI/AHAM DW-1-2010 to address them. AHAM commented that
repeatability and reproducibility would become more critical at more
stringent standard levels. (AHAM, No. 21 at pp. 12-14)
In the December 2016 final determination, DOE stated that it would
seek information on stakeholders' concerns regarding appendix C1. 81 FR
90072, 90076. In addition to the topics addressed in section II.B.1 of
this document, DOE has observed in its testing that appendix C1
produces more consistent results from test to test for non-soil-sensing
dishwashers than for soil-sensing dishwashers. For soil-sensing
dishwashers, the sensor response for a given cycle appears to be the
primary factor in the resulting variation in energy and water use
results.
As discussed in section II.B.1.d of this document, survey data from
ADL indicate that consumers typically load only a small amount of soils
into their dishwashers. According to the ADL report, even the heaviest
consumer soil loads (representing 5 percent of consumer dishwasher
cycles) correspond to the equivalent of only four soiled place settings
under the DOE test procedure. DOE observed in its tests under appendix
C1 that this soil level typically triggers the lightest cycle response
in soil-sensing dishwashers. However, DOE has occasionally observed a
given soil load trigger a heavier cycle response (i.e. ``outlier''
cycle responses that use higher energy and/or water consumption), which
can have a more pronounced impact when the heavier response occurs with
the light or medium soil loads because those cycles are weighted more
heavily in the overall calculations.
DOE is requesting information on the extent to which variable cycle
responses for soil-sensing dishwashers are an issue with the DOE
consumer dishwasher test procedure, and if so, how to address this
issue. Specifically, DOE seeks information on whether variable cycle
responses are an issue that may be addressed by further specifying test
conditions, or if there is a certain amount of variability inherent to
the dishwasher control schemes and whether such variability would also
occur as part of a representative average use cycle or period of use.
DOE is also interested in feedback on any other amendments to the test
procedure that would ensure that the procedure is reasonably designed
to measure the energy and water use of the dishwasher during a
representative average use cycle or period of use.
C. Efficiency Metrics
DOE's test procedures in 10 CFR 430.23(c) and appendix C1 provide
results for energy consumption in kWh/year and water consumption in
gal/cycle. In response to the December 2014 NOPR, DOE received feedback
that its existing product class structure may not be appropriate for
consumer dishwasher regulations. The Mercatus Center stated that the
current separation of consumer dishwashers into product classes on the
basis of capacity without an identification of product characteristics
that provide consumer utility is overly broad. (Mercatus Center, No. 11
at p. 5) The People's Republic of China (``China'') stated that the
standards proposed in the December 2014 NOPR are fixed values for the
standard product class, and that these values may be too stringent for
larger consumer dishwashers within the standard product class. China
suggested a specific standard for these larger products. (China, No. 25
at p. 3)
One potential approach to address the comments raised by the
Mercatus Center and China would be an energy and water use metric on a
per-place setting basis. Such an approach would also eliminate the need
for separate product classes based on capacity. DOE is requesting
feedback on such a potential approach, including any data
characterizing how the energy use of dishwashers on the market in the
United States could be impacted by it.
D. Other Test Procedure Topics
1. Test Procedure Waivers
DOE has granted two test procedure waivers for the current consumer
dishwasher test procedure. On April 10, 2017, DOE granted Miele, Inc. a
test procedure waiver to allow for testing a specified basic model
intended for a 208-volt power supply rather than the 115 volts or 240
volts specified in appendix C1.\15\ 82 FR 17227. On November 1, 2013,
DOE granted Whirlpool Corporation a test procedure waiver to allow for
testing specified basic models equipped with a water use system, in
which water from the final rinse cycle is stored for use in the next
subsequent cycle, with periodic draining and cleaning events.\16\ 78 FR
65629.
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\15\ See case No. DW-012.
\16\ See case No. DW-011.
---------------------------------------------------------------------------
The test procedure waivers for these consumer dishwasher basic
models provide alternate test provisions that are reasonably designed
to measure energy and water use during a representative average use
cycle or period of use for the basic models specified in the respective
Orders. DOE requests feedback on whether the test procedure waiver
approaches are generally appropriate for testing basic models with
these features.
2. Other Topics
In addition to the issues identified earlier in this document, DOE
welcomes comment on any other aspect of the existing test procedures
for consumer dishwashers not already addressed by the specific areas
identified in this document. DOE particularly seeks information to
ensure that the test procedure is designed to measure energy and water
use during a representative average use cycle or period of use, and is
not unduly burdensome to conduct. DOE also requests information that
would help DOE create a procedure that would limit manufacturer test
burden through streamlining or simplifying testing requirements.
DOE also requests feedback on any potential amendments to the
existing test procedure that could be considered to address impacts on
manufacturers, including small businesses. DOE requests comment on the
benefits and burdens of adopting any industry/voluntary consensus-based
or other appropriate test procedure, without modification.
DOE recently published an RFI on the emerging smart technology
appliance and equipment market. 83 FR 46886 (Sept. 17, 2018). In that
RFI, DOE sought information to better understand market trends and
issues in the emerging market for appliances and commercial equipment
that incorporate smart technology. DOE's intent in issuing the RFI was
to ensure that DOE did not inadvertently impede such innovation in
fulfilling its statutory obligations in setting efficiency standards
for covered products and equipment. DOE seeks comments, data, and
information on the issues presented in the ``smart products'' RFI as
they may be applicable to dishwashers.
DOE also recently issued an RFI to seek more information on whether
its test procedures are reasonably designed, as required by EPCA, to
produce results that measure the energy use or efficiency of a product
during a representative average use cycle or period of use. 84 FR 9721
(Mar. 18, 2019). DOE seeks comment on this issue as it pertains to the
test procedure for dishwashers.
[[Page 43079]]
III. Submission of Comments
DOE invites all interested parties to submit in writing by
September 19, 2019, comments and information on matters addressed in
this notice and on other matters relevant to DOE's consideration of
amended test procedures for consumer dishwashers. These comments and
information will aid in the development of a test procedure NOPR for
consumer dishwashers if DOE determines that amended test procedures may
be appropriate for these products.
Submitting comments via https://www.regulations.gov. The https://www.regulations.gov web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to https://www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through https://www.regulations.gov cannot be claimed as CBI. Comments
received through the website will waive any CBI claims for the
information submitted. For information on submitting CBI, see the
Confidential Business Information section.
DOE processes submissions made through https://www.regulations.gov
before posting. Normally, comments will be posted within a few days of
being submitted. However, if large volumes of comments are being
processed simultaneously, your comment may not be viewable for up to
several weeks. Please keep the comment tracking number that https://www.regulations.gov provides after you have successfully uploaded your
comment.
Submitting comments via email, hand delivery, or postal mail.
Comments and documents submitted via email, hand delivery/courier, or
postal mail also will be posted to https://www.regulations.gov. If you
do not want your personal contact information to be publicly viewable,
do not include it in your comment or any accompanying documents.
Instead, provide your contact information on a cover letter. Include
your first and last names, email address, telephone number, and
optional mailing address. The cover letter will not be publicly
viewable as long as it does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible. It is not necessary to submit printed copies. No facsimiles
(faxes) will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. According to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery two well-marked copies: One copy
of the document marked confidential including all the information
believed to be confidential, and one copy of the document marked ``non-
confidential'' with the information believed to be confidential
deleted. Submit these documents via email to
[email protected] or on a CD, if feasible. DOE will
make its own determination about the confidential status of the
information and treat it according to its determination.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include (1) a description of the
items, (2) whether and why such items are customarily treated as
confidential within the industry, (3) whether the information is
generally known by or available from other sources, (4) whether the
information has previously been made available to others without
obligation concerning its confidentiality, (5) an explanation of the
competitive injury to the submitting person which would result from
public disclosure, (6) when such information might lose its
confidential character due to the passage of time, and (7) why
disclosure of the information would be contrary to the public interest.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
DOE considers public participation to be a very important part of
the process for developing test procedures and energy conservation
standards. DOE actively encourages the participation and interaction of
the public during the comment period in each stage of this process.
Interactions with and between members of the public provide a balanced
discussion of the issues and assist DOE in the process. Anyone who
wishes to be added to the DOE mailing list to receive future notices
and information about this process should contact Appliance and
Equipment Standards Program staff at (202) 287-1445 or via email at
[email protected].
Signed in Washington, DC, on August 6, 2019.
Alexander N. Fitzsimmons,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy
Efficiency and Renewable Energy.
[FR Doc. 2019-17762 Filed 8-19-19; 8:45 am]
BILLING CODE 6450-01-P
