Energy Conservation Program: Test Procedures for Consumer Water Heaters and Residential-Duty Commercial Water Heaters, 21104-21115 [2020-07732]
Download as PDF
<![CDATA[
21104
Proposed Rules
Federal Register
Vol. 85, No. 74
Thursday, April 16, 2020
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 and 431
[EERE–2019–BT–TP–0032]
RIN 1904–AE77
Energy Conservation Program: Test
Procedures for Consumer Water
Heaters and Residential-Duty
Commercial Water Heaters
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Request for information.
AGENCY:
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 water heaters and
residential-duty commercial water
heaters. Specifically, DOE seeks data
and information pertinent to whether
amended test procedures would more
accurately or fully comply with the
requirement that the test procedure
produces results that measure energy
use during a representative average use
cycle for the product, and not be unduly
burdensome to conduct. DOE welcomes
written comments from the public on
any subject within the scope of this
document (including topics not raised
in this RFI), as well as the submission
of data and other relevant information.
DATES: Written comments and
information are requested and will be
accepted on or before June 1, 2020
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–2019–BT–TP–0032 and/
or RIN 1904–AE77, by any of the
following methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
jbell on DSKJLSW7X2PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
16:32 Apr 15, 2020
Jkt 250001
2. Email: to
WaterHeaters2019TP0032@ee.doe.gov.
Include docket number EERE–2019–BT–
TP–0032 and/or RIN 1904–AE77 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://www.regulations.gov/docket?
D=EERE–2019–BT–TP–0032. The docket
web page contains 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.
Ms.
Catherine Rivest, 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–
7335. Email:
ApplianceStandardsQuestions@
ee.doe.gov.
Mr. Eric Stas, U.S. Department of
Energy, Office of the General Counsel,
FOR FURTHER INFORMATION CONTACT:
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
GC–33, 1000 Independence Avenue SW.
Washington, DC 20585–0121.
Telephone: (202) 586–5827. Email:
Eric.Stas@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:
ApplianceStandardsQuestions@
ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority and Background
B. Rulemaking History
II. Request for Information
A. Scope and Definitions
B. Test Procedure
1. Updates to Industry Standards
2. Other Potential Updates to the Federal
Test Method
C. Test Procedure Waivers
D. Other Test Procedure Topics
III. Submission of Comments
I. Introduction
Consumer water heaters are included
in the list of ‘‘covered products’’ for
which DOE is authorized to establish
and amend energy conservation
standards and test procedures. (42
U.S.C. 6292(a)(4)) DOE’s test procedures
for consumer water heaters are
prescribed at Title 10 of the Code of
Federal Regulations (CFR) Part 430,
Subpart B, Appendix E (Appendix E).
As discussed below, residential-duty
commercial water heaters, for which
DOE is also authorized to establish and
amend energy conservation standards
and test procedures (42 U.S.C. 6311(k)),
also must be tested according to
Appendix E. (See 42 U.S.C.
6295(e)(6)(H)) The following sections
discuss DOE’s authority to establish and
amend test procedures for consumer
water heaters and residential-duty
commercial water heaters, as well as
relevant background information
regarding DOE’s consideration of test
procedures for this product and
equipment.
A. Authority and Background
The Energy Policy and Conservation
Act, as amended (EPCA),1 among other
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
(Oct. 23, 2018).
E:\FR\FM\16APP1.SGM
16APP1
jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Proposed Rules
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, Public
Law 94–163 (42 U.S.C. 6291–6309, as
codified), 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 water
heaters, the subject of this RFI. (42
U.S.C. 6292(a)(4)) Title III, Part C 3 of
EPCA, Public Law 94–163 (42 U.S.C.
6311–6317, as codified), added by
Public Law 95–619, Title IV, section
441(a), established the Energy
Conservation Program for Certain
Industrial Equipment, which again sets
forth a variety of provisions designed to
improve energy efficiency. This
equipment includes commercial water
heaters, which are also the subject of
this RFI. (42 U.S.C. 6311(1)(k))
The energy conservation program
under EPCA consists essentially of four
parts: (1) Testing, (2) labeling, (3)
Federal energy conservation standards,
and (4) certification and enforcement
procedures. Relevant provisions of
EPCA specifically include definitions
(42 U.S.C. 6291; 42 U.S.C. 6311), energy
conservation standards (42 U.S.C. 6295;
42 U.S.C. 6313), test procedures (42
U.S.C. 6293; 42 U.S.C. 6314), labeling
provisions (42 U.S.C. 6294; 42 U.S.C.
6315), and the authority to require
information and reports from
manufacturers (42 U.S.C. 6296; 42
U.S.C. 6316).
Federal energy efficiency
requirements for covered products and
covered equipment established under
EPCA generally supersede State laws
and regulations concerning energy
conservation testing, labeling, and
standards. (42 U.S.C. 6297(a)–(c); 42
U.S.C. 6316(a) and (b)) DOE may,
however, grant waivers of Federal
preemption in limited circumstances for
particular State laws or regulations, in
accordance with the procedures and
other provisions of EPCA. (42 U.S.C.
6297(d); 42 U.S.C. 6316(a); 42 U.S.C.
6316(b)(2)(D))
The Federal testing requirements
consist of test procedures that
manufacturers of covered products and
commercial equipment 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); 42
2 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A.
3 For editorial reasons, upon codification in the
U.S. Code, Part C was redesignated Part A–1.
VerDate Sep<11>2014
16:32 Apr 15, 2020
Jkt 250001
U.S.C. 6296; 42 U.S.C. 6316(a)–(b)), and
(2) making representations about the
efficiency of those products (42 U.S.C.
6293(c); 42 U.S.C. 6314(d)). 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, the statute sets
forth the criteria and procedures DOE
must follow when prescribing or
amending test procedures for covered
products. Specifically, EPCA requires
that any test procedures prescribed or
amended shall 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)) Under 42 U.S.C.
6314, the statute sets forth the criteria
and procedures DOE must follow when
prescribing or amending test procedures
for covered equipment, reciting similar
requirements at 42 U.S.C. 6314(a)(2).
If DOE determines that a test
procedure amendment is warranted, it
must publish proposed test procedures
in the Federal Register and offer the
public an opportunity to present oral
and written comments on them. (42
U.S.C. 6293(b)(2); 42 U.S.C. 6314(b))
In addition, the Energy Independence
and Security Act of 2007 (EISA 2007)
amended EPCA to require that DOE
amend its test procedures for all covered
consumer 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.)
The American Energy Manufacturing
Technical Corrections Act (AEMTCA),
Public Law 112–210, further amended
EPCA to require that DOE establish a
uniform efficiency descriptor and
accompanying test methods to replace
the energy factor (EF) metric for covered
consumer water heaters and the thermal
efficiency (TE) and standby loss (SL)
metrics for commercial water-heating
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
21105
equipment 4 within one year of the
enactment of AEMTCA. (42 U.S.C.
6295(e)(6)(B)-(C)) The uniform
efficiency descriptor and accompanying
test method were required to apply, to
the maximum extent practicable, to all
water-heating technologies in use at the
time and to future water-heating
technologies, but could exclude specific
categories of covered water heaters that
do not have residential uses, can be
clearly described, and are effectively
rated using the TE and SL descriptors.
(42 U.S.C. 6295(e)(6)(F) and (H)) In
addition, beginning one year after the
date of publication of DOE’s final rule
establishing the uniform descriptor, the
efficiency standards for covered water
heaters were required to be
denominated according to the uniform
efficiency descriptor established in the
final rule (42 U.S.C. 6295(e)(6)(D)); and
for affected covered water heaters tested
prior to the effective date of the test
procedure final rule, DOE was required
to develop a mathematical factor for
converting the measurement of their
energy efficiency from the EF, TE, and
SL metrics to the new uniform energy
descriptor. (42 U.S.C. 6295(e)(6)(E)(i)–
(ii))
The Energy Efficiency Improvement
Act of 2015 (EEIA 2015), Public Law
114–11, was enacted on April 30, 2015.
The EEIA 2015 amended EPCA, in
relevant part, by adding definitions for
‘‘grid-enabled water heater’’ and
‘‘activation lock’’ at 42 U.S.C.
6295(e)(5)(A). These products are
intended for use as part of an electric
thermal storage or demand response
program. Among the criteria that define
‘‘grid-enabled water heaters’’ is an
energy-related performance standard
that is either an EF specified by a
formula set forth in the statute, or an
equivalent alternative standard that
DOE may prescribe. (42 U.S.C.
4 The initial thermal efficiency and standby loss
test procedures for commercial water heating
equipment (including residential-duty commercial
water heaters) were added to EPCA by the Energy
Policy Act of 1992 (EPACT 1992), Public Law 102–
486, and corresponded to those referenced in the
American Society of Heating, Refrigerating and AirConditioning Engineers (ASHRAE) and Illuminating
Engineering Society of North America (IESNA)
Standard 90.1–1989 (i.e., ASHRAE Standard 90.1–
1989). (42 U.S.C. 6314(a)(4)(A)) DOE subsequently
updated the commercial water heating equipment
test procedures on two separate occasions—once in
a direct final rule published on October 21, 2004,
and again in a final rule published on May 16, 2012
(77 FR 28928). These rules incorporated by
reference certain sections of the latest versions of
American National Standards Institute (ANSI)
Standard Z21.10.3, Gas Water Heaters, Volume III,
Storage Water Heaters with Input Ratings Above
75,000 Btu Per Hour, Circulating and
Instantaneous, available at the time (i.e., ANSI
Z21.10.3–1998 and ANSI Z21.10.3–2011,
respectively). 69 FR 61974, 61983 (Oct. 21, 2004)
and 77 FR 28928, 28996 (May 16, 2012).
E:\FR\FM\16APP1.SGM
16APP1
21106
Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Proposed Rules
jbell on DSKJLSW7X2PROD with PROPOSALS
6295(e)(5)(A)(III)(aa) and (bb)) In
addition, the EEIA 2015 amendments to
EPCA also directed DOE to require
reporting on shipments and activations
of grid-enabled water heaters and to
establish procedures, if appropriate, to
prevent product diversion for nonprogram purposes. (42 U.S.C.
6295(e)(5)(C)-(D))
EPCA also requires that, at least once
every 7 years, DOE evaluate test
procedures for each type of covered
product and covered equipment,
including consumer water heaters and
the commercial water heaters that are
the subject of this RFI, 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 additionally, period of use
for consumer products). (42 U.S.C.
6293(b)(1)(A); 42 U.S.C. 6314(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 for consumer
products shall be at least 60 days 5 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
in the Federal Register its
determination not to amend the test
procedures. (42 U.S.C. 6293(b)(1)(A); 42
U.S.C. 6314(a)(1)(A)(ii)) DOE is
publishing this RFI to collect data and
information to inform its decision in
satisfaction of the 7-year-lookback
review requirement specified in EPCA.
5 For covered equipment, if the Secretary
determines that a test procedure amendment is
warranted, the Secretary must publish proposed test
procedures in the Federal Register, and afford
interested persons an opportunity (of not less than
45 days’ duration) to present oral and written data,
views, and arguments on the proposed test
procedures. (42 U.S.C. 6314(b))
VerDate Sep<11>2014
16:32 Apr 15, 2020
Jkt 250001
B. Rulemaking History
As stated, DOE’s current test
procedure for consumer water heaters
appears at Appendix E.
DOE first established consumer water
heater test procedures in a final rule
published in the Federal Register on
October 4, 1977. 42 FR 54110. These
original procedures coupled laboratory
tests with calculations to obtain
estimates of energy efficiency for
storage-type electric, gas-fired, and oilfired water heaters. The laboratory tests
consisted of a cold start ‘‘recovery
efficiency test,’’ which measured the
ability of a water heater to heat cold
water, and a ‘‘standby loss test,’’ which
measured the energy loss of a water
heater when not providing heated water.
Id. at 54118. Recovery efficiency and
percent standby loss were
mathematically combined to obtain an
energy factor (EF), the overall measure
of water heater efficiency. Id. at 54116.
The original procedures also included
calculations for determining the average
daily energy consumption and annual
operating costs. Id. at 54116, 54119.
On October 19, 1978, DOE published
a final rule to amend the consumer
water heater test procedures to correct
for an error in the derivation of EF. The
correction specified that the useful
output (i.e., the numerator in EF
equation) shall be the ‘‘daily hot water
energy consumption,’’ a new term
which was defined in this rule. 43 FR
48986.
DOE amended the consumer water
heater test procedures in a final rule
published on September 7, 1979, to
prescribe a measure of a water heater’s
useful capacity, which DOE called firsthour rating (FHR). The FHR was defined
as the maximum hourly demand which
could be met by the water heater. 44 FR
52632.
On October 17, 1990, DOE published
a final rule further updating the
consumer water heater test procedure.
55 FR 42162. This final rule extended
coverage to heat pump water heaters
and instantaneous-type water heaters;
revised the test procedure to allow for
a single test for all types of water
heaters, establishing a simulated-use
test that included a six-hour draw test;
and revised the FHR test from a
calculated estimate to a direct
measurement to more accurately
determine a water heater’s ability to
supply hot water.
DOE further amended the consumer
water heater test procedure by final
rules published in the Federal Register
on May 11, 1998 (May 1998 final rule),
July 20, 1998 (July 1998 final rule), and
January 17, 2001 (January 2001 final
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
rule). 63 FR 25996; 63 FR 38737; 66 FR
4474. The May 1998 final rule revised
the FHR test to more accurately test
large storage-type water heaters and
updated the testing for electric and gasfired instantaneous water heaters from
the FHR test to the maximum gallons
per minute (max GPM) test. The July
1998 final rule was a technical
correction that added figures to the test
procedure, and the January 2001 final
rule added a definition for ‘‘tabletop
water heater’’ to the test procedure.
As discussed, the EISA 2007
amendments to EPCA required DOE to
amend its test procedures for all covered
consumer products to include the
measurement of standby mode and off
mode energy consumption, 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)) On December 17,
2012, DOE published a final rule that
concluded that no modifications were
needed to the consumer water heater
test procedure to account for standby
mode and off mode energy
consumption, as the existing test
procedure already accounted for those
modes of energy consumption. 77 FR
74559.
Pursuant to the requirements of the
AEMTCA amendments to EPCA
discussed previously, DOE updated the
consumer water heater test procedure
through a final rule published on July
11, 2014 (July 2014 final rule). 79 FR
40542. The July 2014 final rule
established a uniform energy descriptor
(i.e., UEF) for all consumer water
heaters and for commercial water
heaters with consumer applications (i.e.,
those commercial water heaters that met
the newly established definition of a
‘‘residential-duty commercial water
heater’’; extended coverage to eliminate
certain gaps in the previous version of
the consumer water heater test
procedure including small-volume
storage water heaters (i.e., with storage
volumes between 2 and 20 gallons),
large volume water heaters (i.e., greater
than 100 gallons for gas-fired and oilfired storage water heaters and greater
than 120 gallons for electric storage
water heaters), and electric
instantaneous water heaters; updated
the simulated-use test draw pattern to
be a function of equipment capacity as
measured by the FHR or max GPM test;
and updated the outlet water
temperature test condition requirement.
As indicated, the uniform energy
descriptor and the consumer water
heater test procedure apply to
‘‘residential-duty commercial water
heaters,’’ which were initially defined
E:\FR\FM\16APP1.SGM
16APP1
Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Proposed Rules
in the July 2014 final rule and include
commercial water heaters with
consumer applications. 79 FR 40542,
40586; 10 CFR 431.106(b)(1) and 10 CFR
431.110(b). DOE later amended the
definition of a ‘‘residential-duty
commercial water heater’’ in a final rule
published on November 10, 2016, to
define such equipment as any gas-fired
storage, oil-fired storage, or electric
instantaneous commercial water heater
that meets the following conditions: (1)
For models requiring electricity, uses
single-phase external power supply; (2)
Is not designed to provide outlet hot
water at temperatures greater than
180 °F; and (3) Does not meet any of the
following criteria:
Water heater
type
Indicator of non-residential
application
Gas-fired Storage.
Rated input >105 kBtu/h;
Rated storage volume
>120 gallons.
Rated input >140 kBtu/h;
Rated storage volume
>120 gallons.
Rated input >58.6 kW;
Rated storage volume >2
gallons.
Oil-fired Storage.
jbell on DSKJLSW7X2PROD with PROPOSALS
Electric Instantaneous.
81 FR 79261, 79321–79322 (Nov. 10,
2016); 10 CFR 431.102.
Pursuant to EEIA 2015, DOE
published a final rule on August 11,
2015 (August 2015 final rule), which
codified the changes required by EEIA
2015. 80 FR 48004. These changes
included adding definitions for ‘‘gridenabled water heater’’ and ‘‘activation
lock’’ to 10 CFR 430.2 and adding
energy conservation standards with
levels set in terms of the EF metric, to
10 CFR 430.32(d). Id. at 48009–48010.
On December 29, 2016, DOE
published a final rule (December 2016
final rule) that denominated the
efficiency standards in terms of the
uniform efficiency descriptor (i.e., the
UEF metric) and established
mathematical conversion factors to
translate the EF, TE, and SL metrics to
the UEF metric. 81 FR 96204. The
published conversion factors were only
applicable for converting test results for
one year after the publication of the
December 2016 final rule as required by
EPCA, as amended by AEMTCA. Id. at
96204, 96204. Therefore, the conversion
factors published to translate previously
tested EF, TE, and SL values to
converted UEF values were removed
from 10 CFR 429.17 on December 29,
2017, at which time all rated UEF values
were to be based on actual testing to the
test procedure published in the July
2014 final rule (i.e., to the UEF test
procedure).
VerDate Sep<11>2014
16:32 Apr 15, 2020
Jkt 250001
II. Request for Information
In the following sections, DOE has
identified a variety of issues on which
it seeks input to aid in the development
of the technical and economic analyses
regarding whether amended test
procedures for consumer water heaters
and residential-duty commercial water
heaters are warranted so as to more
accurately or fully comply with the
requirements in EPCA that test
procedures: (1) Be reasonably designed
to produce test results which reflect
energy efficiency, energy use, or
estimated annual operating cost 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); 42 U.S.C. 6314(a)(2))
Specifically, DOE is requesting
comment on any opportunities to
streamline and simplify testing
requirements for consumer water
heaters and residential-duty commercial
water heaters.
Further, the Department recently
published an RFI regarding test
procedures across the full range of
consumer products and commercial
equipment that fall under its regulatory
authority pursuant to EPCA. In that RFI,
DOE noted that over time, many of
DOE’s test procedures have been
amended to account for products’ and
equipment’s increased functionality and
modes of operation. DOE’s intent in
issuing that RFI was to gather
information to ensure that the inclusion
of measurement provisions in its test
procedures associated with such
increased functionality has not
inadvertently compromised the
measurement of representative average
use cycles or periods of use, and made
some test procedures unnecessarily
burdensome. 84 FR 9721 (March 18,
2019). Although the comment period on
the March 2019 RFI has since closed,
DOE seeks comment on this issue as it
specifically pertains to the test
procedure for the consumer water
heaters and residential-duty commercial
water heaters that are the subject of this
current 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
consumer water heaters and residentialduty commercial water heaters.
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
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
21107
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.
Additionally, DOE welcomes
comments on other issues relevant to
the conduct of this process that may not
specifically be identified elsewhere in
this document. In particular, DOE notes
that under section 1 of 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
test procedure regulations applicable to
consumer water heaters and residentialduty commercial water heaters
consistent with the requirements of
EPCA.
A. Scope and Definitions
This RFI covers those products that
meet the definitions for consumer
‘‘water heater,’’ in the statute at 42
U.S.C. 6291(27), as codified at 10 CFR
430.2. This RFI also covers commercial
water heating equipment with
residential applications meeting the
definition of a ‘‘residential-duty
commercial water heater,’’ as codified at
10 CFR 431.102.
In the context of covered consumer
products, EPCA defines ‘‘water heater’’
as a product which utilizes oil, gas, or
electricity to heat potable water for use
outside the heater upon demand,
including—
(a) Storage type units which heat and store
water at a thermostatically controlled
temperature, including gas storage water
heaters with an input of 75,000 Btu per hour
or less, oil storage water heaters with an
input of 105,000 Btu per hour or less, and
electric storage water heaters with an input
of 12 kilowatts or less;
(b) Instantaneous type units which heat
water but contain no more than one gallon
of water per 4,000 Btu per hour of input,
including gas instantaneous water heaters
with an input of 200,000 Btu per hour or less,
oil instantaneous water heaters with an input
of 210,000 Btu per hour or less, and electric
instantaneous water heaters with an input of
12 kilowatts or less; and
(c) Heat pump type units, with a maximum
current rating of 24 amperes at a voltage no
greater than 250 volts, which are products
E:\FR\FM\16APP1.SGM
16APP1
21108
Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Proposed Rules
designed to transfer thermal energy from one
temperature level to a higher temperature
level for the purpose of heating water,
including all ancillary equipment such as
fans, storage tanks, pumps, or controls
necessary for the device to perform its
function.
jbell on DSKJLSW7X2PROD with PROPOSALS
(42 U.S.C. 6291(27); 10 CFR 430.2)
In addition, at 10 CFR 430.2, DOE
further defines several specific
categories of consumer water heaters, as
follows:
(1) ‘‘Electric instantaneous water heater’’
means a water heater that uses electricity as
the energy source, has a nameplate input
rating of 12 kW or less, and contains no more
than one gallon of water per 4,000 Btu per
hour of input.
(2) ‘‘Electric storage water heater’’ means a
water heater that uses electricity as the
energy source, has a nameplate input rating
of 12 kW or less, and contains more than one
gallon of water per 4,000 Btu per hour of
input.
(3) ‘‘Gas-fired instantaneous water heater’’
means a water heater that uses gas as the
main energy source, has a nameplate input
rating less than 200,000 Btu/h, and contains
no more than one gallon of water per 4,000
Btu per hour of input.
(4) ‘‘Gas-fired storage water heater’’ means
a water heater that uses gas as the main
energy source, has a nameplate input rating
of 75,000 Btu/h or less, and contains more
than one gallon of water per 4,000 Btu per
hour of input.
(5) ‘‘Grid-enabled water heater’’ means an
electric resistance water heater that—
(a) Has a rated storage tank volume of more
than 75 gallons;
(b) Is manufactured on or after April 16,
2015;
(c) Is equipped at the point of manufacture
with an activation lock and;
(d) Bears a permanent label applied by the
manufacturer that—
(i) Is made of material not adversely
affected by water;
(ii) Is attached by means of non-watersoluble adhesive; and
(iii) Advises purchasers and end-users of
the intended and appropriate use of the
product with the following notice printed in
16.5 point Arial Narrow Bold font:
‘‘IMPORTANT INFORMATION: This water
heater is intended only for use as part of an
electric thermal storage or demand response
program. It will not provide adequate hot
water unless enrolled in such a program and
activated by your utility company or another
program operator. Confirm the availability of
a program in your local area before
purchasing or installing this product.’’
(6) ‘‘Oil-fired instantaneous water heater’’
means a water heater that uses oil as the
main energy source, has a nameplate input
rating of 210,000 Btu/h or less, and contains
no more than one gallon of water per 4,000
Btu per hour of input.
(7) ‘‘Oil-fired storage water heater’’ means
a water heater that uses oil as the main
energy source, has a nameplate input rating
of 105,000 Btu/h or less, and contains more
than one gallon of water per 4,000 Btu per
hour of input.
VerDate Sep<11>2014
16:32 Apr 15, 2020
Jkt 250001
The definition for ‘‘grid-enabled water
heater’’ includes the term ‘‘activation
lock,’’ which is defined to mean a
control mechanism (either by a physical
device directly on the water heater or a
control system integrated into the water
heater) that is locked by default and
contains a physical, software, or digital
communication that must be activated
with an activation key to enable the
product to operate at its designed
specifications and capabilities and
without which the activation of the
product will provide not greater than 50
percent of the rated first-hour delivery
of hot water certified by the
manufacturer. 10 CFR 430.2.
Issue A.1: DOE requests comment on
the definitions currently applicable to
consumer water heaters and whether
any of the definitions should be revised,
and if so, how. Please provide a
rationale for any suggested change.
DOE had previously established a
separate product class and definition for
‘‘tabletop water heater,’’ which was
defined in Appendix E as a water heater
in a rectangular box enclosure designed
to slide into a kitchen countertop space
with typical dimensions of 36 inches
high, 25 inches deep, and 24 inches
wide. 66 FR 4474, 4497 (Jan. 17, 2001).
The definition for ‘‘tabletop water
heater’’ was removed from Appendix E
as part of the July 2014 final rule, and
was inadvertently not added to 10 CFR
430.2. 79 FR 40542, 40567–40568 (July
11, 2014). However, energy conservation
standards for tabletop water heaters are
still specified at 10 CFR 430.32(d). DOE
tentatively plans to consider such
products in any rulemaking that would
result from this RFI, including adding
the definition for these products to 10
CFR 430.2.
Issue A.2: DOE requests feedback on
whether the previous definition for
‘‘tabletop water heater’’ is still
appropriate, and whether such products
should continue to be considered
separately from other classes of
consumer water heaters.
As stated previously, Appendix E
covers certain commercial water heating
equipment defined as ‘‘residential-duty
commercial water heaters’’ as defined at
10 CFR 431.102. As noted, ‘‘residentialduty commercial water heater’’ is
defined as any gas-fired storage, oil-fired
storage, or electric instantaneous
commercial water heater that meets the
following conditions: (1) For models
requiring electricity, uses single-phase
external power supply; (2) Is not
designed to provide outlet hot water at
temperatures greater than 180 °F; and (3)
Does not meet any of the following
criteria:
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
Water heater
type
Indicator of non-residential
application
Gas-fired Storage.
Rated input >105 kBtu/h;
Rated storage volume
>120 gallons.
Rated input >140 kBtu/h;
Rated storage volume
>120 gallons.
Rated input >58.6 kW;
Rated storage volume >2
gallons.
Oil-fired Storage.
Electric Instantaneous.
10 CFR 431.102.
Issue A.3: DOE requests comment on
the definition for ‘‘residential-duty
water heater,’’ which are subject to the
Appendix E test method for consumer
water heaters. Please provide the
rationale for any suggested changes.
B. Test Procedure
DOE’s current test procedure for
consumer water heaters and residentialduty commercial water heaters includes
a storage volume test (if the rated
storage volume of the water heater is
above 2 gallons), a delivery capacity test
(either the FHR or max GPM tests), and
a 24-hour simulated-use test. See
sections 5.2.1, 5.3, and 5.4 of Appendix
E, respectively. The FHR test is
conducted on non-flow-activated water
heaters and provides an estimate of the
maximum volume of hot water that a
water heater can supply within an hour.
The max GPM test is conducted on
flow-activated water heaters and
represents the maximum flow rate of hot
water that can be supplied by the water
heater while maintaining a nominal
temperature rise during steady-state
operation. The 24-hour simulated-use
test approximates an actual day of use
for a typical consumer, and it is
conducted at one of four possible draw
patterns (very small, low, medium, and
high) which are determined from the
results of the delivery capacity test (i.e.,
either the FHR or max GPM test). Draw
patterns are a specified series of draws
for which the draw start time, volume
removed, and flow rate are specified.
The sections below address specific test
procedure issues on which DOE seeks
comment and information.
1. Updates to Industry Standards
ASHRAE maintains a published water
heater test procedure titled, ‘‘ANSI/
ASHRAE Standard 118.2–2006 (RA
2015), Method of Testing for Rating
Residential Water Heaters.’’ The ANSI/
ASHRAE 118.2–2006 (RA 2015) test
procedure is similar to the DOE test
procedure that was in effect prior to the
July 2014 final rule, although there is no
direct relationship between the ANSI/
ASHRAE and DOE test method (i.e.,
neither the former nor the current DOE
E:\FR\FM\16APP1.SGM
16APP1
Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Proposed Rules
of the FHR test must proceed until the
outlet temperature drops 15 °F below
the maximum outlet temperature
observed, or until a cut-in occurs,
whichever is longer. Requiring the
outlet temperature to drop 15 °F below
the maximum outlet temperature may
provide a more consistent starting
condition for the FHR test compared to
the pre-conditioning method specified
in the current DOE test procedure since
draws of varying lengths can create
different internal tank temperature
profiles. Thus, the additional
requirement to end the pre-conditioning
draw, which in some cases would
extend the draw length as compared to
the current DOE test procedure, could
increase the repeatability of the FHR
test. However, DOE has found that there
are models on the market with low
storage volumes and high input rates
that would be required to be tested to
the FHR test but that are capable of
delivering hot water indefinitely at the
conditions specified in the FHR test.
Such water heaters would never deliver
an outlet temperature 15 °F below the
a. Temperature and Humidity Test
maximum outlet temperature observed.
Conditions
Therefore, the FHR test could not start
ASHRAE Draft 118.2 replaces the use
since this criterion of a 15 °F drop
of specified values for inlet water
below the outlet temperature, which
temperature, outlet water temperature,
would require a longer period than the
ambient temperature, and relative
cut-in, would never be met.
humidity with variables used as
Issue B.1: DOE requests feedback on
placeholders. This approach generalizes whether the addition of an outlet
the test method to be applicable to any
temperature drop criterion for
set of test conditions for these four
terminating the water draw prior to the
parameters. Consequently, for each
start of the FHR test is appropriate and/
individual test, the testing laboratory
or necessary. If an outlet temperature
must decide which specific values to
drop criterion is appropriate, DOE
use for each parameter. The test
requests comment and data on whether
conditions corresponding to DOE’s
15 °F is sufficiently representative,
consumer water heater test procedure
given consumer expectation, or whether
are provided in an appendix to
a different threshold should be
ASHRAE Draft 118.2 for reference only. considered. DOE also requests
As such, if DOE were to incorporate a
information on any potential impact to
finalized version of ASHRAE Draft
the testing burden that would result
118.2, the Department would need to
from an outlet temperature drop
specify the test conditions at which to
criterion. Further, DOE requests
perform the test.
comment on how to address water
ASHRAE Draft 118.2 includes
heaters that would not meet both
additional criteria to the start of the FHR initiation criteria (i.e., both a cut-in and
test, as compared to DOE’s test
an outlet temperature drop) due to the
procedure. Section 5.3.3.3 of Appendix
ability to continuously deliver hot water
E of the current DOE test procedure
at the prescribed test conditions.
states that prior to the start of the FHR
ASHRAE Draft 118.2 includes
test, if the water heater is not operating
additional criteria regarding water
(heating water), initiate a draw until cut- draws during the FHR test, as compared
in (i.e., when the water heater begins
to DOE’s test procedure. The FHR test
heating water). The draw is then
required in section 5.3.3 of Appendix E
terminated any time after cut-in, and the of the current test procedure specifies a
water heater is allowed to operate until
series of water draws over the course of
cut-out (i.e., when the water heater stops one hour. After each water draw is
heating water). When the maximum
initiated, the draw is terminated when
mean tank temperature is observed after the outlet water temperature decreases
15 °F from the maximum outlet water
cut-out, the initial draw of the FHR test
temperature measured during the draw.
begins. ASHRAE Draft 118.2 specifies
that the draw preceding the initial draw (For example, if after initiating a water
jbell on DSKJLSW7X2PROD with PROPOSALS
consumer water heater test procedure
include any reference to ANSI/ASHRAE
Standard 118.2). In March 2019,
ASHRAE published the second public
review draft of Board of Standards
Review (BSR) ANSI/ASHRAE Standard
118.2–2006R, ‘‘Method of Testing for
Rating Residential Water Heaters and
Residential-Duty Commercial Water
Heaters’’ (ASHRAE Draft 118.2).
ASHRAE Draft 118.2 is very similar to
the DOE consumer water heater test
procedure but includes some differences
throughout, some of which would result
in test procedure results different from
the DOE test procedure. While DOE
would only consider incorporation by
reference (IBR) of a finalized version of
ASHRAE Draft 118.2, DOE is interested
in receiving comments on the merits of
the draft in anticipation of such a
possibility, or to consider incorporating
aspects of the draft into a revised DOE
test procedure. The differences between
ASHRAE Draft 118.2 and the DOE test
procedure are discussed in the
paragraphs that follow.
VerDate Sep<11>2014
16:32 Apr 15, 2020
Jkt 250001
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
21109
draw, the outlet water temperature
reaches a maximum temperature of 125
°F, the water draw would continue until
the outlet water temperature drops to
110 °F, at which time the water draw
would be terminated.) ASHRAE Draft
118.2 specifies that water draws during
the FHR test terminate if either: (1) The
outlet water temperature decreases 15 °F
from the maximum outlet water
temperature measured during the draw,
or (2) the outlet water temperature
decreases to 105 °F, regardless of the
maximum outlet water temperature
measured during the draw. Setting a
minimum temperature threshold of 105
°F may contribute to a more
representative result by ensuring that
the unit provides sufficiently ‘‘hot’’
water (i.e., representative of what a
consumer would expect from a water
heater) throughout the duration of the
test. DOE could similarly consider
implementing a minimum delivery
temperature as a criterion for
terminating water draws during the FHR
test.
Issue B.2: DOE requests feedback on
whether the addition of a minimum
delivery temperature as a criterion for
terminating draws during the FHR test
is appropriate and/or necessary. If a
minimum delivery temperature criterion
is appropriate, DOE requests comment
and data on whether 105 °F is
sufficiently representative given
consumer expectation, or whether a
different threshold should be
considered. DOE also requests
information on any potential impact to
the testing burden that would result
from a minimum delivery temperature
criterion.
b. Definitions, Symbols, and Figures
ASHRAE Draft 118.2 defines ‘‘gasfired heat pump storage water heaters,’’
as water heaters that:
(a) use gas as the main energy source,
(b) have a nameplate input rating of
20,000 Btu/h (26.4 MJ/h) or less,
(c) have a maximum current rating of
24 amperes (including all auxiliary
equipment such as fans, pumps,
controls, and, if on the same circuit, any
resistive elements) at an input voltage of
no greater than 250 volts,
(d) have a rated storage volume not
more than 120 gallons (450 liters), and
(e) are designed to transfer thermal
energy from one temperature level to a
higher temperature level to deliver
water at a thermostatically controlled
temperature less than or equal to 180 °F
(82 °C).
The current DOE test method does not
define the term ‘‘gas-fired heat pump
storage water heater.’’
E:\FR\FM\16APP1.SGM
16APP1
jbell on DSKJLSW7X2PROD with PROPOSALS
21110
Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Proposed Rules
Issue B.3: DOE requests feedback on
the need for creating a separate
definition for ‘‘gas-fired heat pump
storage water heater,’’ or whether the
current DOE definitions in 10 CFR 430.2
for ‘‘gas-fired storage water heater’’ and
‘‘water heater,’’ which includes ‘‘heat
pump type units,’’ would adequately
cover such products for the purpose of
performing the DOE test procedure.
ASHRAE Draft 118.2 also defines
‘‘electric heat pump storage water
heaters,’’ as water heaters that:
(a) use electricity as the energy
source,
(b) have a nameplate input rating of
12 kW (40,956 Btu/h) or less,
(c) have a rated storage capacity of
120 gallons (450 L) or less,
(d) are designed to transfer thermal
energy from one temperature level to a
higher temperature level for the purpose
of heating water, and
(e) are designed to heat and store
water at a thermostatically-controlled
temperature less than or equal to 180 °F
(82°C).
Issue B.4: DOE requests feedback on
the need for creating a separate
definition for ‘‘electric heat pump
storage water heater,’’ or whether the
current DOE definitions in 10 CFR 430.2
for ‘‘electric storage water heater’’ and
‘‘water heater,’’ which includes ‘‘heat
pump type units,’’ would adequately
cover such products for the purpose of
performing the DOE test procedure.
DOE also notes that several
definitions in ASHRAE Draft 118.2 limit
the scope of products covered by the
standard more narrowly than the
definitions for consumer water heaters
and relevant commercial water heater
definitions contained in EPCA. (42
U.S.C. 6291(27) and 42 U.S.C.
6311(12)(A)–(B)) For example, ASHRAE
Draft 118.2 limits the storage volume for
storage-type water heaters to 120 gallons
or less and limits the maximum delivery
temperature to 180 °F (82 °C) (whereas
EPCA does not define limits on storage
volume or maximum delivery
temperature).
Issue B.5: DOE requests comment on
whether the ASHRAE Draft 118.2 test
method could be applied to water
heaters beyond the scope defined in
ASHRAE Draft 118.2 to cover all water
heaters included within the scope of
DOE’s definitions for consumer water
heaters and residential-duty commercial
water heaters. If modifications to
ASHRAE Draft 118.2 would be required
to address testing of water heaters not
within the scope of that draft, DOE
requests comment on what those
modifications would be.
ASHRAE Draft 118.2 includes new
figures that provide greater detail
VerDate Sep<11>2014
16:32 Apr 15, 2020
Jkt 250001
illustrating how to set up a water heater
for test. For example, a purge (by-pass)
loop is added to the inlet water line in
all figures. Additional figures include a
test set-up for an instantaneous water
heater with connections on the top, a
figure describing the placement of a
thermal break 6 in the inlet water line,
and two figures showing configurations
for the thermocouple tree, if it needs to
be installed through the outlet water
line. The thermal break is added to the
test set-up to prevent heat from
travelling up the inlet piping into the
purge loop section. When purging
before a draw, any heat that is
transferred from the water heater
through the inlet piping to the purge
loop section would be lost, as the purge
loop is replenished with cold supply
water. The thermal break helps to
prevent this heat loss.
Issue B.6: DOE requests feedback on
whether the figures in Appendix E
should be updated to include additional
detail, including the detail provided in
the figures in ASHRAE Draft 118.2. If so,
please address whether the additional
specificity provided in the figures could
be too restrictive for the purpose of the
DOE test procedure, or whether such
specificity would be justified by
improving reproducibility of test results.
Issue B.7: DOE requests feedback on
whether a definition of ‘‘thermal break’’
should be added to DOE’s consumer
water heater test procedure.
Issue B.8: DOE requests feedback on
the necessity of a thermal break if no bypass or purge loop is included in the
test set-up.
Issue B.9: DOE requests feedback on
whether the maximum temperature the
thermal break must be able to withstand
would appropriately be set at 150 °F. If
another threshold would be more
appropriate, please provide a rationale
for the alternate value.
c. Standby Loss Test
The DOE test method includes a
standby period measured between draw
clusters one and two, during which data
is recorded that is used to calculate the
standby heat loss coefficient. See
section 5.4.2 of Appendix E. ASHRAE
Draft 118.2 adds a condition that the
standby period data can only be
recorded between the first and second
draw clusters if the time between the
observed maximum mean tank
6 A ‘‘thermal break’’ is defined in ASHRAE Draft
118.2 as a nipple made of material that has thermal
insulation properties (e.g., plastics) to insulate the
by-pass loop from the inlet piping. It should be able
to withstand a pressure of 150 psi and a
temperature of 150 °F.
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
temperatures after cut-out 7 following
the first draw cluster to the start of the
second draw cluster is greater than or
equal to 6 hours. Otherwise, ASHRAE
Draft 118.2 states that the standby
period data would be recorded after the
last draw of the test. This condition is
intended to ensure that a sufficiently
long standby period is used to
determine standby loss, which might
make this calculation more repeatable
and the results more representative of
standby losses experienced in an
average period of use. However, this
might also cause the test to extend
beyond a 24-hour duration. DOE could
consider implementing a similar
minimum standby period within the
DOE test procedure.
Issue B.10: DOE requests feedback on
whether it should consider the addition
of a minimum standby period length of
6 hours for use in the standby loss
calculations, and on the appropriateness
of recording this data after the final
draw cluster when less than 6 hours of
standby time occur between draw
clusters one and two.
For instances where the standby
period occurs after the last draw of the
test, ASHRAE Draft 118.2 includes a
different method to end the 24-hour
simulated-use test, as compared to the
method specified in the DOE test
procedure at Appendix E. In section
5.4.2 of Appendix E, power to the main
burner, heating element, or compressor
is disabled during the last hour of the
test. In ASHRAE Draft 118.2, power is
not disabled, but, if a recovery occurs
between an elapsed time of 23 hours
following the start of the test (hour 23)
and 24 hours following the start of the
test (hour 24), the following alternate
approach is applied to determine the
energy consumed during the 24-hour
test: The time, total energy used, and
mean tank temperature are recorded at
1 minute prior to the start of the
recovery occurring between hour 23 and
hour 24, along with the average ambient
temperature from 1 minute prior to the
start of the recovery occurring between
hour 23 and hour 24 to hour 24 of the
simulated-use test. These values are
used to determine the total energy used
by the water heater during the 24-hour
simulated-use test. This alternate
calculation combines the total energy
used 1 minute prior to the start of the
recovery occurring between hours 23
and 24 and the standby loss experienced
by the tank during the time between the
minute prior to the recovery start and
7 Section 1.2 of Appendix E defines ‘‘cut-out’’ as
the time when or water temperature at which a
water heater control or thermostat acts to reduce to
a minimum the energy or fuel input to the heating
elements, compressor, or burner.
E:\FR\FM\16APP1.SGM
16APP1
Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Proposed Rules
hour 24. This change is included in
ASHRAE Draft 118.2 so as not to
artificially de-energize a water heater
during the standby period. The
modification should reduce the burden
on test laboratories by eliminating the
need to ensure that the unit is switched
off for this one hour.
Issue B.11: DOE requests feedback on
whether it should consider an alternate
procedure, similar to that in ASHRAE
Draft 118.2, for the last hour of the 24hour simulated-use test.
Issue B.12: DOE requests feedback on
whether the addition of standby loss in
the total energy use calculation
adequately represents the auxiliary
energy use that is not measured between
the minute prior to the start of the
recovery occurring between hours 23
and 24, and hour 24 of the 24-hour
simulated-use test.
jbell on DSKJLSW7X2PROD with PROPOSALS
d. Calculations
The DOE test method includes a
provision for the FHR test requiring
that, if a draw is not in progress at one
hour from the start of the test and,
therefore, a final draw is imposed at the
elapsed time of one hour, calculations
are used to scale the volume drawn
during the final draw. Sections 5.3.3.3
and 6.1 of Appendix E, respectively.
The scaling of the final draw is based on
the temperature of the water delivered
during the final draw as compared to
the temperature of the water delivered
during the previous draw. The scaled
final draw volume is then added to the
total volume drawn during other draws
to determine the FHR. ASHRAE Draft
118.2 removed the scaling calculation
for the case in which a draw is not in
progress at one hour from the start of the
test and a final draw is imposed at the
elapsed time of one hour. Instead, the
ASHRAE Draft 118.2 method calculates
FHR as the sum of the volume of hot
water delivered without any scaling to
the final draw. The methodology for
conducting the FHR test, and in
particular the issue of whether to scale
the final draw, was considered during
the May 1998 final rule, and DOE
determined at that time that a
temperature correction factor was
appropriate and was included to adjust
the volume of the last draw to account
for the lower heat content of the last
draw compared to the earlier draws
with fully heated water. 63 FR 25996,
26004–26005 (May 11, 1998).
Issue B.13: DOE requests feedback on
whether the temperature correction
scaling calculation should be
maintained for the final draw in
calculation of FHR for the case in which
a draw is not in progress at one hour
VerDate Sep<11>2014
16:32 Apr 15, 2020
Jkt 250001
from the start of the test and is imposed
at the elapsed time of one hour.
Issue B.14: DOE requests feedback on
the effect that removing the temperature
correction factor would have on the
rated FHR, draw pattern, and rated UEF
values of the various types of non-flowactivated water heaters that are tested to
the FHR test.
ASHRAE Draft 118.2 includes
language clarifying that when the first
recovery of the simulated-use test
extends during a draw, the first recovery
period extends until the end of that
draw. The first recovery period is used
in ASHRAE Draft 118.2 and section
6.3.2 of DOE’s test procedure to
calculate recovery efficiency. DOE’s test
procedure does not directly address
how to calculate recovery efficiency if
the first recovery period ends during a
draw. Each of the parameters in the
recovery efficiency equation are
recorded at the end of the first recovery
period (e.g., the total mass removed is
recorded at the end of the first recovery
period and not the end of the draw).
Issue B.15: DOE requests feedback on
whether additional specification should
be added to Appendix E addressing the
first recovery period ending during a
draw.
Issue B.16: DOE requests feedback on
whether it is appropriate to extend the
first recovery period to the end of the
draw, or to end the recovery period at
the end of the recovery. If extending the
first recovery period to the end of the
draw is appropriate, please address the
situation where a second recovery is
initiated prior to the ending of the draw.
Please also address the appropriate
calculation of the maximum mean tank
temperature recorded after cut-out
¯ max,1.
following the first recovery, T
ASHRAE Draft 118.2 updated the
recovery efficiency equation for water
heaters with a rated storage volume
greater than or equal to 2 gallons (7.6 L)
to address situations in which the
recovery period lasts for more than one
draw, as can occur while testing water
heaters with long recovery times such as
heat pump water heaters recovering
using only the heat pump. The energy
removed from the tank during each
draw is summed and added to the
change in stored energy in the tank from
the start of the test to the maximum
mean tank temperature observed after
the end of the recovery period. Section
6.3.2 of the DOE test procedure also
uses the total energy removed from the
tank when more than one draw occurs
during the first recovery period.
Issue B.17: DOE requests feedback on
whether the equation for recovery
efficiency for water heaters with a rated
storage volume greater than or equal to
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
21111
2 gallons (7.6 L) should be updated to
address when the recovery period lasts
for more than one draw.
2. Other Potential Updates to the
Federal Test Method
Beyond considering the updates in
the ASHRAE Draft 118.2 test method
discussed in the previous section, DOE
is also considering a number of
potential updates to its test method in
Appendix E that are not addressed in
ASHRAE Draft 118.2. These updates are
discussed in the paragraphs that follow.
a. Test Conditions
Section 2.3 of Appendix E specifies
maintaining the supply water
temperature at 58 °F ± 2 °F (14.4 °C ±
1.1 °C). During the 24-hour simulateduse test, maintaining the supply water
temperature within this range can be
difficult at the immediate start of a draw
due to the short time between draw
initiation and the first measurement at
5 seconds (with subsequent
measurements every 3 seconds
thereafter), as required by section 5.4.2
or 5.4.3 of Appendix E. In some test
configurations, particularly during the
lower-flow water draws, the inlet water
and piping may retain heat from a
previous draw, causing the water
entering the unit during the initial
measurements to be slightly outside of
tolerance. Any supply water
temperature reading outside of the test
tolerances would invalidate a test.
However, due to the small percentage of
total water use that would be affected,
supply water temperatures that are
slightly out of tolerance for the first one
or two data points would have a
negligible effect on the overall test
result.8 This issue is less evident during
the FHR test, which specifies an initial
temperature measurement 15 seconds
after the start of the water draw. This is
not an issue during the max GPM test
due to the system being in steady-state
during the entire test.
Issue B.18: DOE requests feedback on
whether one or two supply water
temperature data points outside of the
test tolerance at the beginning of a draw
would have a measurable effect on the
results of the test.
Issue B.19: DOE requests feedback on
whether DOE should consider relaxing
the requirement for supply water
temperature tolerances at the start of a
draw, and if so, which methods are most
8 For example, the first two temperature readings
would reflect 8 seconds of water flow, in
comparison to total water draw durations ranging
from 1 minute to over 8 minutes, according to the
water draw patterns defined in Tables III.1, III.2,
III.3, and III.4 of Appendix E.
E:\FR\FM\16APP1.SGM
16APP1
jbell on DSKJLSW7X2PROD with PROPOSALS
21112
Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Proposed Rules
appropriate for doing so while
maintaining accuracy and repeatability.
Section 2.2 of Appendix E specifies
maintaining ambient air temperature
between 65.0 °F and 70.0 °F (18.3 °C
and 21.1 °C) on a continuous basis for
all types of consumer water heaters (and
residential-duty commercial water
heaters) other than heat pump water
heaters. For heat pump water heaters,
ambient air temperature must be
maintained between 67.5 °F ±1 °F (19.7
°C ± 0.6 °C), and the relative humidity
must be maintained at 50% ± 2%
throughout the test. For all water
heaters, section 2.7.1 of Appendix E
specifies maintaining the electrical
supply voltage within ± 1% of the
center of the voltage range specified by
the manufacturer. Similar to the supply
water temperature discussed above, a
brief measurement of air temperature,
relative humidity, or electrical supply
voltage that is slightly outside of the test
tolerance would invalidate a test, but
likely has a negligible effect on the
results of the test.
Issue B.20: DOE requests feedback on
whether the tolerances for ambient air
temperature, relative humidity, and
electrical supply voltage are difficult to
maintain at the start of a draw, and if
so, whether DOE should consider
relaxing these requirements at the start
of a draw. If DOE should consider
relaxing these requirements, what
should the tolerances be?
DOE has conducted exploratory
testing to investigate the effect of
relative humidity (RH) on the measured
UEF values of consumer gas-fired
instantaneous water heaters. Two
models, one non-condensing and the
other condensing, were each tested
twice at an RH of 50 percent and an RH
of 80 percent (i.e., each model was
tested four times, with two tests at an
RH of 50 percent and two tests at an RH
of 80 percent). The increase in relative
humidity from 50 percent to 80 percent
resulted in a maximum change in UEF
for the non-condensing and condensing
models of 0.011 and 0.015, respectively.
Issue B.21: DOE requests feedback on
whether test conditions for relative
humidity should extend to other
consumer water heater types besides
heat pump water heaters.
For gas-fired water heaters, sections
2.7.2 and 2.7.3 of Appendix E require
maintaining the gas supply pressure in
accordance with the manufacturer’s
specifications; or, if the supply pressure
is not specified, a supply pressure of 7–
10 inches of water column (1.7–2.5 kPa)
for natural gas and 11–13 inches of
water column (2.7–3.2 kPa) for propane
gas must be maintained. In addition, for
gas-fired water heaters with a pressure
VerDate Sep<11>2014
16:32 Apr 15, 2020
Jkt 250001
regulator, sections 2.7.2 and 2.7.3
require the regulator outlet pressure to
be within ±10 percent of the
manufacturer’s specified manifold
pressure. From a review of product
literature, DOE has found that many gasfired water heaters with variable input
burners have a factory preset manifold
pressure that is computer-controlled
and cannot be adjusted directly.
Further, the manufacturer-specified
manifold pressure typically refers to
when the water heater is operating at
the maximum firing rate.
Issue B.22: DOE requests comment on
whether sections 2.7.2 and 2.7.3 should
be amended to account for models
where the manifold pressure cannot be
adjusted directly and whether the ±10%
tolerance should apply only when firing
to the manufacturer specified firing rate.
In addition to the gas pressure
requirements, section 5.2.3 requires
maintaining an hourly Btu rating (i.e.,
power input rate) that is within ±2% of
the value specified by the manufacturer
(i.e., the nameplate value). DOE has
observed during testing that for some
gas-fired water heaters, a power input
rate cannot be achieved that is within ±
2% of the nameplate value while
maintaining the gas supply pressure and
manifold pressure within the required
ranges. In such instances, it is common
practice for the testing laboratory to
modify the size of the orifice that is
shipped with the water heater; for
example, the testing laboratory may
enlarge the orifice to allow enough gas
flow to achieve the nameplate input
rating within the specified tolerance, if
the power input rate is too low with the
orifice as supplied. For commercial
water heating equipment, DOE
addressed this issue by specifying in the
product-specific enforcement provisions
that, after adjusting the manifold and
supply pressures to their specified
limits, if the fuel input rate is still not
within ± 2 percent of the rated input,
DOE will attempt to modify the gas inlet
orifice. 10 CFR 429.134(n)(ii).
Issue B.23: DOE requests comment
regarding whether provisions should be
added to the test procedure at Appendix
E to address water heaters that cannot
operate within ± 2 percent of the
nameplate rated input as shipped from
the factory. If so, DOE requests comment
on how to address this issue, and
whether it is appropriate to physically
modify the orifice, similar to the
direction for commercial water heaters.
b. Terminology
In sections 5.3.3.1 and 5.3.3.2 of
Appendix E, which describe general
requirements and draw initiation
criteria, respectively, for the FHR test,
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
the term ‘‘storage-type water heaters’’ is
used. However, the FHR applies to all
water heaters that are not flowactivated, which could include nonflow-activated instantaneous water
heaters with storage volumes above 2
gallons.
Issue B.24: DOE requests feedback on
whether to update the phrase ‘‘storagetype water heaters’’ in section 5.3.3 to
‘‘non-flow-activated water heaters.’’
c. Test Set-up
DOE is considering whether it should
update the test set-up requirement for
the location of a flow meter (when
used), and/or specifications regarding
how to determine the water density for
the purpose of calculating the water
mass removed from the water heater
when volume is measured using a flow
meter. In sections 6.3.2 and 6.4.1 of
Appendix E, both titled, ‘‘Recovery
Efficiency,’’ the total mass of water
removed (i.e., mass of water that flows
through the outlet) from the start of the
24-hour simulated-use test to the end of
the first recovery period (M1) is used to
calculate recovery efficiency. The test
procedure accommodates determining
the total mass either directly (e.g.,
through the use of a weighing scale), or
indirectly by multiplying the total
volume removed (V1) (i.e., total volume
of hot water flow through the outlet) by
the density of water (r1), which is
required to be determined based on the
water temperature at the point where
the flow volume is measured.9 The test
procedure does not specify where in the
flow path the flow volume and density
must be measured, which allows for
laboratory test set-ups that measure the
flow volume either on the cold inlet
side of the water heater or on the hot
outlet side. DOE is concerned that
allowing the flow meter to be located on
either the inlet or outlet side, and
calculating the mass of the water that is
heated during the test based on the
density of the water where the flow
meter is located, could result in
differences in the mass of water that is
calculated depending on whether the
flow meter is in the inlet water line or
the outlet water line. Because the inlet
water is colder than at the outlet, it is
also denser, meaning that the same
volume of water has more mass at the
inlet than the outlet. In addition, some
of the mass of inlet water could, after
being heated, expand out of the water
heater into the expansion tank and be
9 Although the DOE test procedure does not
specify how to measure and/or calculate density, it
is typically calculated using either a regression
equation or density tables based on a specific
temperature and pressure.
E:\FR\FM\16APP1.SGM
16APP1
jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Proposed Rules
purged prior to a draw.10 Any
‘‘expanded’’ volume of water that is lost
through the purge line could be
included in a volume measurement
taken at the inlet, but not be included
in a volume measurement taken at the
outlet. To alleviate the potential for a
mismatch between the mass of water
measured at the inlet and outlet, DOE is
considering whether to specify the
location of the flow meter when one is
used to determine the amount of water
removed. Alternatively, if the volume of
water going into the water heater will
always be equivalent to the volume
withdrawn, DOE could consider using
the density at the hot outlet side for the
purpose of calculating total mass of
water removed in sections 6.3.2 and
6.4.1 of Appendix E, regardless of where
flow volume is measured.
Issue B.25: DOE requests feedback on
whether the consumer water heater test
procedure should require measurement
of flow in the outlet water line to ensure
that the mass of water removed from the
tank is accurate. Alternatively, DOE is
interested in comment on whether
requiring density, r1, to be determined
based on the outlet temperature, rather
than the temperature where the flow
volume is measured, would alleviate
this issue.
In sections 6.3.5 and 6.4.2 of
Appendix E, the mass withdrawn from
each draw (Mi) is used to calculate the
daily energy consumption of the heated
water at the measured average
temperature rise across the water heater
(QHW). However, neither section
includes a description of how to
calculate the mass withdrawn for tests
in which the mass is indirectly
determined using density and volume
measurements (as described above).
Issue B.26: DOE requests feedback on
whether to update the consumer water
heater test procedure to include a
description of how to calculate the mass
withdrawn from each draw in cases
where mass is indirectly determined
using density and volume
measurements.
In section 6.3.3 of Appendix E titled,
‘‘Hourly Standby Losses,’’ the
descriptions for cumulative energy
consumption (Qsu,0 and Qsu,f) and mean
¯ su,0 and su,f) at the
tank temperature (T
start and end of the standby period,
along with the elapsed time, average
storage tank and average ambient
temperatures over the standby period
(T¯stby,1, T¯t,stby,1 and T¯a,stby,1, respectively)
specifically refer to the standby period
that would occur after the first draw
cluster, but do not explicitly address the
10 The
change in volume occurs because water
expands and increases in volume as it is heated.
VerDate Sep<11>2014
16:32 Apr 15, 2020
Jkt 250001
case where the standby period occurs
after the last draw of the test.
Issue B.27: DOE requests feedback on
whether DOE should revise the
descriptions of Qsu,0, Qsu,f, T¯su,0, su,f,
¯ a,stby,1 to
tstby,1, T¯t,stby,1, and T
accommodate cases where the standby
period occurs after the last draw of the
test, in addition to cases where the
standby period occurs after the first
draw cluster.
d. Specific Considerations for Certain
Consumer Water Heaters
DOE has found that several
manufacturers produce consumer gasfired instantaneous water heaters that
are designed to be used with a volume
of stored water (usually in a tank, but
sometimes in a recirculating hot water
system of sufficient volume, such as a
hydronic space heating or designated
hot water system) where the water
heater does not directly provide hot
water to fixtures, such as a faucet or
shower head, but rather replenishes heat
lost from the tank or system through hot
water draws or standby losses by
circulating water to and from the tank
or other system. These recirculating
consumer gas-fired instantaneous water
heaters are typically activated by an
aquastat 11 installed in a storage tank
that is sold separately or by an inlet
water temperature sensor. While the
products identified by DOE are within
the statutory and regulatory definition
of a consumer ‘‘water heater’’ as a
covered product, the design and
application of recirculating gas-fired
instantaneous water heaters makes
testing to the consumer water heater test
procedure difficult, if not impossible, as
these products are not capable of
delivering water at the temperatures and
flow rates specified in the UEF test
method. Modifications to the consumer
water heater test procedure may be
required to be more representative of
typical use for these products. These
modifications could include changes to
inlet and/or outlet water temperature
requirements or draw patterns (flow rate
and timing). In addition, use of a
representative storage tank may be
considered.
Issue B.28: DOE requests feedback on
the typical application(s) in which
recirculating gas-fired instantaneous
water heaters are used.
Issue B.29: DOE requests feedback on
what changes to the consumer water
heater test procedure may be necessary
to appropriately test recirculating gasfired instantaneous water heaters.
11 An ‘‘aquastat’’ is a temperature measuring
device typically used to control the water
temperature in a separate hot water storage tank.
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
21113
Issue B.30: Additionally, DOE
requests feedback on whether there is an
industry standard that would allow for
testing of recirculating gas-fired
instantaneous water heaters that would
provide results representative of the
energy use of these products for an
average use cycle or period of use.
DOE has identified flow-activated
water heaters that are designed to
deliver water at a temperature below the
set point temperature of 125 °F ± 5 °F
(51.7 °C ± 2.8 °C) that is required by
section 2.5 of Appendix E. These water
heating products are typically marketed
as handwashing or point-of-use water
heaters. These units typically have low
heating rates, which requires the testing
agency to reduce the flow rate in order
to be able to achieve the outlet
temperature within the set point
temperature range. However, these units
have a minimum activation flow rate,
below which the unit shuts off.
Therefore, when the flow rate is too low,
the unit will stop heating water, so there
is no flow rate at which the unit will
operate and deliver water at the
required outlet temperature.
Issue B.31: DOE requests feedback on
whether language should be added to
section 5.2.2.1 of Appendix E, titled,
‘‘Flow-Activated Water Heaters,
including certain instantaneous water
heaters and certain storage-type water
heaters,’’ to allow for water heaters not
designed to deliver water at 125 °F ± 5 °F
(51.7 °C ± 2.8 °C) to be tested at a lower
set point temperature, or whether other
changes to the test method need to be
made to accommodate these types of
models (e.g., an additional draw pattern,
product definition).
DOE has identified water heating
products with storage volumes less than
20 gallons and with input rates near or
at the maximum input rate and
considers them to be consumer water
heaters. These products are sold in the
consumer market and can be tested to
the consumer water heater test
procedure. Section 5.3.3 titled, ‘‘FirstHour Rating’’ of the consumer water
heater test procedure at Appendix E
requires that water heaters with storage
volume less than 20 gallons be tested at
1.0 ± 0.25 gpm (3.8 ± 0.95 L/min), as
opposed to 3.0 ± 0.25 gpm (11.4 ± 0.95
L/min) required for water heaters with
rated storage volumes greater than or
equal to 20 gallons. Water heaters with
low volume and high input rates can
potentially operate indefinitely at the
3.0 ± 0.25 gpm (11.4 ± 0.95 L/min) flow
rate. When tested as currently required
by Appendix E, such products would
have a measured FHR around 60 gallons
(227 L) and, therefore, would be
required to use the medium draw
E:\FR\FM\16APP1.SGM
16APP1
21114
Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Proposed Rules
pattern, although such models could be
used in applications similar to other
types of water heaters that fall into the
high draw pattern (e.g., flow-activated
instantaneous water heaters with high
input rates and storage water heaters
with greater than 20 gallons stored
water and high input rates and/or
volumes).
Issue B.32: DOE requests feedback on
the consumer water heater test
procedure with respect to testing the
delivery capacity of non-flow-activated
water heaters with low volume and high
input rate. If amendments are
warranted, DOE requests comment on
what method(s) would be appropriate
for determining the delivery capacity of
such models and what attributes can be
used to distinguish these water heaters
from non-flow-activated water heaters
more appropriately tested by the FHR
test.
Section 4.5 of Appendix E requires
water heaters with a rated storage
volume at or above 2 gallons must have
their internal storage tank temperature
measured. Typically, a thermocouple
tree is inserted into the storage tank of
a water heater through either the anode
rod hole, the outlet water line, or the
temperature and pressure relief valve.
DOE has identified consumer water
heaters with physical attributes that
make measuring mean tank temperature
difficult, such as water heaters that have
a built-in mixing valve and no anode
rod, or have a large heat exchanger that
does not allow a thermocouple tree to be
inserted.
Issue B.33: DOE requests feedback on
whether amendments to the water
heater test procedure are needed to
address water heaters that cannot have
their internal storage tank temperatures
measured as required by the test
procedure. If so, DOE requests comment
on what updates to the test procedure
would be necessary that would still
allow for accurate measurement of
temperature.
jbell on DSKJLSW7X2PROD with PROPOSALS
C. Test Procedure Waivers
A person may seek a waiver from the
test procedure requirements for a
particular basic model of a type of
covered product when the basic model
for which the petition for waiver is
submitted contains one or more design
characteristics that: (1) Prevent testing
according to the prescribed test
procedure, or (2) cause the prescribed
test procedures to evaluate the basic
model in a manner so unrepresentative
of its true energy consumption
characteristics as to provide materially
VerDate Sep<11>2014
16:32 Apr 15, 2020
Jkt 250001
inaccurate comparative data. 10 CFR
430.27(a)(1). If a waiver is granted, as
soon as practicable, DOE will publish in
the Federal Register a NOPR that
proposes to amend its regulations so as
to eliminate any need for the
continuation of such waiver. As soon
thereafter as practicable, DOE will
publish in the Federal Register a final
rule. 10 CFR 430.27(l). Currently, DOE
has granted one finalized waiver from
the current consumer water heater test
procedure.
On January 31, 2020, DOE published
a Notice of Decision and Order in the
Federal Register granting Bradford
White Corporation a waiver for a
specified basic model that experiences
the first cut-out of the 24-hour
simulated use test during a draw. 85 FR
5648. The Decision and Order requires
Bradford White Corporation to use an
alternate test procedure that DOE has
determined more accurately calculates
the recovery efficiency when the first
cut-out occurs during a draw.12 Id.
DOE has determined that the alternate
test procedure is representative of realworld use conditions for the basic
model specified in the Decision and
Order. DOE requests feedback on
whether the test procedure waiver
approach is generally appropriate for
testing basic models with these features.
D. Other Test Procedure 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
water heaters and residential-duty
commercial water heaters. As noted,
DOE 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 (March 18,
2019). DOE seeks comment on this issue
as it specifically pertains to the test
procedures for consumer water heaters
and residential-duty commercial water
heaters that are the subject of this
current RFI.
As noted previously, DOE also
requests comments on whether potential
amendments based on the issues
discussed would result in a test
procedure that is unduly burdensome to
conduct, particularly in light of any new
products on the market since the last
12 Docket number EERE–2019–BT–WAV–0020,
see: https://www.regulations.gov/docket?D=EERE2019-BT–WAV-0020.
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
test procedure update. If commenters
believe that any such amendments
would result in a procedure that is, in
fact, unduly burdensome to conduct,
DOE seeks information on whether an
existing private sector-developed test
procedure would be more appropriate or
other avenues for reducing the
identified burdens while advancing
improvements to the water heaters test
procedure.
DOE also requests comment on the
benefits and burdens of adopting any
industry/voluntary consensus-based or
other appropriate test procedure,
without modification. DOE notes that
ANSI/ASHRAE Standard 118.2–2006
(RA 2015), ‘‘Method of Testing for
Rating Residential Water Heaters,’’ is
effectively the same as the DOE test
procedures formerly used to measure
EF. Further, as discussed earlier in this
document, ASHRAE 118.2–2006 (RA
2015) is currently under revision with
major changes being considered to
update that test method so as to be
similar to the DOE UEF test procedure
currently in Appendix E.
Additionally, DOE requests comment
on whether the existing test procedures
limit a manufacturer’s ability to provide
additional features to purchasers of
consumer water heaters. DOE
particularly seeks information on how
the test procedures could be amended to
reduce the cost of new or additional
features and make it more likely that
such features are included on consumer
water heaters, while still meeting the
requirements of EPCA.
DOE also requests comments on any
potential amendments to the existing
test procedures that would address
impacts on manufacturers, including
small businesses.
Finally, 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 RFI as they may be applicable to
the consumer water heaters and
residential-duty commercial water
heaters that are the subject of this RFI.
E:\FR\FM\16APP1.SGM
16APP1
Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Proposed Rules
jbell on DSKJLSW7X2PROD with PROPOSALS
III. Submission of Comments
DOE invites all interested parties to
submit in writing by June 1, 2020,
comments and information on matters
addressed in this document and on
other matters relevant to DOE’s
consideration of amended test
procedures for consumer water heaters
and residential-duty commercial water
heaters. These comments and
information will aid in the development
of a test procedure NOPR for consumer
water heaters, if DOE determines that
amended test procedures may be
appropriate for these products. After the
close of the comment period, DOE will
review the public comments received
and may begin collecting data and
conducting the analyses discussed in
this RFI.
Submitting comments via https://
www.regulations.gov. The https://
www.regulations.gov web page requires
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.
VerDate Sep<11>2014
16:32 Apr 15, 2020
Jkt 250001
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/courier, 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 in a cover letter.
Include your first and last names, email
address, telephone number, and
optional mailing address. The cover
letter will not be publicly viewable as
long as it does not include any
comments.
Include contact information each time
you submit comments, data, documents,
and other information to DOE. If you
submit via postal mail or hand delivery/
courier, please provide all items on a
CD, if feasible, in which case it is not
necessary to submit printed copies. No
telefacsimiles (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.
Pursuant to 10 CFR 1004.11, any person
submitting information that he or she
believes to be confidential and exempt
by law from public disclosure should
submit via email, postal mail, or hand
delivery/courier two well-marked
copies: one copy of the document
marked ‘‘confidential’’ including all the
information believed to be confidential,
and one copy of the document marked
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
21115
‘‘non-confidential’’ with the information
believed to be confidential deleted.
Submit these documents via email or on
a CD, if feasible. DOE will make its own
determination about the confidential
status of the information and treat it
according to its determination.
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 February 21,
2020.
Alexander N. Fitzsimmons,
Deputy Assistant Secretary for Energy
Efficiency,Energy Efficiency and Renewable
Energy.
[FR Doc. 2020–07732 Filed 4–15–20; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0330; Product
Identifier 2020–NM–031–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Airbus SAS Model A350–941
and –1041 airplanes. This proposed AD
was prompted by a report indicating
that when the number 2 engine thrust
reverser (T/R) was opened, the righthand T/R hinge nut located at position
SUMMARY:
E:\FR\FM\16APP1.SGM
16APP1
]]>Agencies
[Federal Register Volume 85, Number 74 (Thursday, April 16, 2020)]
[Proposed Rules]
[Pages 21104-21115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07732]
========================================================================
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. 85, No. 74 / Thursday, April 16, 2020 /
Proposed Rules
[[Page 21104]]
DEPARTMENT OF ENERGY
10 CFR Part 430 and 431
[EERE-2019-BT-TP-0032]
RIN 1904-AE77
Energy Conservation Program: Test Procedures for Consumer Water
Heaters and Residential-Duty Commercial Water Heaters
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 water
heaters and residential-duty commercial water heaters. Specifically,
DOE seeks data and information pertinent to whether amended test
procedures would more accurately or fully comply with the requirement
that the test procedure produces results that measure energy use during
a representative average use cycle for the product, and not be unduly
burdensome to conduct. DOE welcomes written comments from the public on
any subject within the scope of this document (including topics not
raised in this RFI), as well as the submission of data and other
relevant information.
DATES: Written comments and information are requested and will be
accepted on or before June 1, 2020
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-2019-BT-
TP-0032 and/or RIN 1904-AE77, by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments.
2. Email: to [email protected]. Include docket
number EERE-2019-BT-TP-0032 and/or RIN 1904-AE77 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://www.regulations.gov/docket?D=EERE-2019-BT-TP-0032. The docket web page contains
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: Ms. Catherine Rivest, 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) 586-7335. Email:
[email protected].
Mr. Eric Stas, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW. Washington, DC 20585-0121.
Telephone: (202) 586-5827. 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. Test Procedure
1. Updates to Industry Standards
2. Other Potential Updates to the Federal Test Method
C. Test Procedure Waivers
D. Other Test Procedure Topics
III. Submission of Comments
I. Introduction
Consumer water heaters are included in the list of ``covered
products'' for which DOE is authorized to establish and amend energy
conservation standards and test procedures. (42 U.S.C. 6292(a)(4))
DOE's test procedures for consumer water heaters are prescribed at
Title 10 of the Code of Federal Regulations (CFR) Part 430, Subpart B,
Appendix E (Appendix E). As discussed below, residential-duty
commercial water heaters, for which DOE is also authorized to establish
and amend energy conservation standards and test procedures (42 U.S.C.
6311(k)), also must be tested according to Appendix E. (See 42 U.S.C.
6295(e)(6)(H)) The following sections discuss DOE's authority to
establish and amend test procedures for consumer water heaters and
residential-duty commercial water heaters, as well as relevant
background information regarding DOE's consideration of test procedures
for this product and equipment.
A. Authority and Background
The Energy Policy and Conservation Act, as amended (EPCA),\1\ among
other
[[Page 21105]]
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, Public Law 94-163 (42 U.S.C. 6291-
6309, as codified), 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 water heaters, the subject of this RFI. (42 U.S.C.
6292(a)(4)) Title III, Part C \3\ of EPCA, Public Law 94-163 (42 U.S.C.
6311-6317, as codified), added by Public Law 95-619, Title IV, section
441(a), established the Energy Conservation Program for Certain
Industrial Equipment, which again sets forth a variety of provisions
designed to improve energy efficiency. This equipment includes
commercial water heaters, which are also the subject of this RFI. (42
U.S.C. 6311(1)(k))
---------------------------------------------------------------------------
\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 (Oct. 23, 2018).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
\3\ For editorial reasons, upon codification in the U.S. Code,
Part C was redesignated Part A-1.
---------------------------------------------------------------------------
The energy conservation program under EPCA consists essentially of
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA specifically include definitions (42 U.S.C. 6291; 42
U.S.C. 6311), energy conservation standards (42 U.S.C. 6295; 42 U.S.C.
6313), test procedures (42 U.S.C. 6293; 42 U.S.C. 6314), labeling
provisions (42 U.S.C. 6294; 42 U.S.C. 6315), and the authority to
require information and reports from manufacturers (42 U.S.C. 6296; 42
U.S.C. 6316).
Federal energy efficiency requirements for covered products and
covered equipment established under EPCA generally supersede State laws
and regulations concerning energy conservation testing, labeling, and
standards. (42 U.S.C. 6297(a)-(c); 42 U.S.C. 6316(a) and (b)) DOE may,
however, grant waivers of Federal preemption in limited circumstances
for particular State laws or regulations, in accordance with the
procedures and other provisions of EPCA. (42 U.S.C. 6297(d); 42 U.S.C.
6316(a); 42 U.S.C. 6316(b)(2)(D))
The Federal testing requirements consist of test procedures that
manufacturers of covered products and commercial equipment 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); 42 U.S.C. 6296; 42 U.S.C. 6316(a)-(b)), and (2)
making representations about the efficiency of those products (42
U.S.C. 6293(c); 42 U.S.C. 6314(d)). 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, the statute sets forth the criteria and
procedures DOE must follow when prescribing or amending test procedures
for covered products. Specifically, EPCA requires that any test
procedures prescribed or amended shall 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)) Under 42 U.S.C. 6314, the
statute sets forth the criteria and procedures DOE must follow when
prescribing or amending test procedures for covered equipment, reciting
similar requirements at 42 U.S.C. 6314(a)(2).
If DOE determines that a test procedure amendment is warranted, it
must publish proposed test procedures in the Federal Register and offer
the public an opportunity to present oral and written comments on them.
(42 U.S.C. 6293(b)(2); 42 U.S.C. 6314(b))
In addition, the Energy Independence and Security Act of 2007 (EISA
2007) amended EPCA to require that DOE amend its test procedures for
all covered consumer 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.)
The American Energy Manufacturing Technical Corrections Act
(AEMTCA), Public Law 112-210, further amended EPCA to require that DOE
establish a uniform efficiency descriptor and accompanying test methods
to replace the energy factor (EF) metric for covered consumer water
heaters and the thermal efficiency (TE) and standby loss (SL) metrics
for commercial water-heating equipment \4\ within one year of the
enactment of AEMTCA. (42 U.S.C. 6295(e)(6)(B)-(C)) The uniform
efficiency descriptor and accompanying test method were required to
apply, to the maximum extent practicable, to all water-heating
technologies in use at the time and to future water-heating
technologies, but could exclude specific categories of covered water
heaters that do not have residential uses, can be clearly described,
and are effectively rated using the TE and SL descriptors. (42 U.S.C.
6295(e)(6)(F) and (H)) In addition, beginning one year after the date
of publication of DOE's final rule establishing the uniform descriptor,
the efficiency standards for covered water heaters were required to be
denominated according to the uniform efficiency descriptor established
in the final rule (42 U.S.C. 6295(e)(6)(D)); and for affected covered
water heaters tested prior to the effective date of the test procedure
final rule, DOE was required to develop a mathematical factor for
converting the measurement of their energy efficiency from the EF, TE,
and SL metrics to the new uniform energy descriptor. (42 U.S.C.
6295(e)(6)(E)(i)-(ii))
---------------------------------------------------------------------------
\4\ The initial thermal efficiency and standby loss test
procedures for commercial water heating equipment (including
residential-duty commercial water heaters) were added to EPCA by the
Energy Policy Act of 1992 (EPACT 1992), Public Law 102-486, and
corresponded to those referenced in the American Society of Heating,
Refrigerating and Air-Conditioning Engineers (ASHRAE) and
Illuminating Engineering Society of North America (IESNA) Standard
90.1-1989 (i.e., ASHRAE Standard 90.1-1989). (42 U.S.C.
6314(a)(4)(A)) DOE subsequently updated the commercial water heating
equipment test procedures on two separate occasions--once in a
direct final rule published on October 21, 2004, and again in a
final rule published on May 16, 2012 (77 FR 28928). These rules
incorporated by reference certain sections of the latest versions of
American National Standards Institute (ANSI) Standard Z21.10.3, Gas
Water Heaters, Volume III, Storage Water Heaters with Input Ratings
Above 75,000 Btu Per Hour, Circulating and Instantaneous, available
at the time (i.e., ANSI Z21.10.3-1998 and ANSI Z21.10.3-2011,
respectively). 69 FR 61974, 61983 (Oct. 21, 2004) and 77 FR 28928,
28996 (May 16, 2012).
---------------------------------------------------------------------------
The Energy Efficiency Improvement Act of 2015 (EEIA 2015), Public
Law 114-11, was enacted on April 30, 2015. The EEIA 2015 amended EPCA,
in relevant part, by adding definitions for ``grid-enabled water
heater'' and ``activation lock'' at 42 U.S.C. 6295(e)(5)(A). These
products are intended for use as part of an electric thermal storage or
demand response program. Among the criteria that define ``grid-enabled
water heaters'' is an energy-related performance standard that is
either an EF specified by a formula set forth in the statute, or an
equivalent alternative standard that DOE may prescribe. (42 U.S.C.
[[Page 21106]]
6295(e)(5)(A)(III)(aa) and (bb)) In addition, the EEIA 2015 amendments
to EPCA also directed DOE to require reporting on shipments and
activations of grid-enabled water heaters and to establish procedures,
if appropriate, to prevent product diversion for non-program purposes.
(42 U.S.C. 6295(e)(5)(C)-(D))
EPCA also requires that, at least once every 7 years, DOE evaluate
test procedures for each type of covered product and covered equipment,
including consumer water heaters and the commercial water heaters that
are the subject of this RFI, 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 additionally, period of use for
consumer products). (42 U.S.C. 6293(b)(1)(A); 42 U.S.C. 6314(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 for consumer products shall be at least 60 days \5\ 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 in the Federal Register its determination not to amend the test
procedures. (42 U.S.C. 6293(b)(1)(A); 42 U.S.C. 6314(a)(1)(A)(ii)) DOE
is publishing this RFI to collect data and information to inform its
decision in satisfaction of the 7-year-lookback review requirement
specified in EPCA.
---------------------------------------------------------------------------
\5\ For covered equipment, if the Secretary determines that a
test procedure amendment is warranted, the Secretary must publish
proposed test procedures in the Federal Register, and afford
interested persons an opportunity (of not less than 45 days'
duration) to present oral and written data, views, and arguments on
the proposed test procedures. (42 U.S.C. 6314(b))
---------------------------------------------------------------------------
B. Rulemaking History
As stated, DOE's current test procedure for consumer water heaters
appears at Appendix E.
DOE first established consumer water heater test procedures in a
final rule published in the Federal Register on October 4, 1977. 42 FR
54110. These original procedures coupled laboratory tests with
calculations to obtain estimates of energy efficiency for storage-type
electric, gas-fired, and oil-fired water heaters. The laboratory tests
consisted of a cold start ``recovery efficiency test,'' which measured
the ability of a water heater to heat cold water, and a ``standby loss
test,'' which measured the energy loss of a water heater when not
providing heated water. Id. at 54118. Recovery efficiency and percent
standby loss were mathematically combined to obtain an energy factor
(EF), the overall measure of water heater efficiency. Id. at 54116. The
original procedures also included calculations for determining the
average daily energy consumption and annual operating costs. Id. at
54116, 54119.
On October 19, 1978, DOE published a final rule to amend the
consumer water heater test procedures to correct for an error in the
derivation of EF. The correction specified that the useful output
(i.e., the numerator in EF equation) shall be the ``daily hot water
energy consumption,'' a new term which was defined in this rule. 43 FR
48986.
DOE amended the consumer water heater test procedures in a final
rule published on September 7, 1979, to prescribe a measure of a water
heater's useful capacity, which DOE called first-hour rating (FHR). The
FHR was defined as the maximum hourly demand which could be met by the
water heater. 44 FR 52632.
On October 17, 1990, DOE published a final rule further updating
the consumer water heater test procedure. 55 FR 42162. This final rule
extended coverage to heat pump water heaters and instantaneous-type
water heaters; revised the test procedure to allow for a single test
for all types of water heaters, establishing a simulated-use test that
included a six-hour draw test; and revised the FHR test from a
calculated estimate to a direct measurement to more accurately
determine a water heater's ability to supply hot water.
DOE further amended the consumer water heater test procedure by
final rules published in the Federal Register on May 11, 1998 (May 1998
final rule), July 20, 1998 (July 1998 final rule), and January 17, 2001
(January 2001 final rule). 63 FR 25996; 63 FR 38737; 66 FR 4474. The
May 1998 final rule revised the FHR test to more accurately test large
storage-type water heaters and updated the testing for electric and
gas-fired instantaneous water heaters from the FHR test to the maximum
gallons per minute (max GPM) test. The July 1998 final rule was a
technical correction that added figures to the test procedure, and the
January 2001 final rule added a definition for ``tabletop water
heater'' to the test procedure.
As discussed, the EISA 2007 amendments to EPCA required DOE to
amend its test procedures for all covered consumer products to include
the measurement of standby mode and off mode energy consumption, 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)) On December 17, 2012, DOE
published a final rule that concluded that no modifications were needed
to the consumer water heater test procedure to account for standby mode
and off mode energy consumption, as the existing test procedure already
accounted for those modes of energy consumption. 77 FR 74559.
Pursuant to the requirements of the AEMTCA amendments to EPCA
discussed previously, DOE updated the consumer water heater test
procedure through a final rule published on July 11, 2014 (July 2014
final rule). 79 FR 40542. The July 2014 final rule established a
uniform energy descriptor (i.e., UEF) for all consumer water heaters
and for commercial water heaters with consumer applications (i.e.,
those commercial water heaters that met the newly established
definition of a ``residential-duty commercial water heater''; extended
coverage to eliminate certain gaps in the previous version of the
consumer water heater test procedure including small-volume storage
water heaters (i.e., with storage volumes between 2 and 20 gallons),
large volume water heaters (i.e., greater than 100 gallons for gas-
fired and oil-fired storage water heaters and greater than 120 gallons
for electric storage water heaters), and electric instantaneous water
heaters; updated the simulated-use test draw pattern to be a function
of equipment capacity as measured by the FHR or max GPM test; and
updated the outlet water temperature test condition requirement.
As indicated, the uniform energy descriptor and the consumer water
heater test procedure apply to ``residential-duty commercial water
heaters,'' which were initially defined
[[Page 21107]]
in the July 2014 final rule and include commercial water heaters with
consumer applications. 79 FR 40542, 40586; 10 CFR 431.106(b)(1) and 10
CFR 431.110(b). DOE later amended the definition of a ``residential-
duty commercial water heater'' in a final rule published on November
10, 2016, to define such equipment as any gas-fired storage, oil-fired
storage, or electric instantaneous commercial water heater that meets
the following conditions: (1) For models requiring electricity, uses
single-phase external power supply; (2) Is not designed to provide
outlet hot water at temperatures greater than 180 [deg]F; and (3) Does
not meet any of the following criteria:
------------------------------------------------------------------------
Indicator of non-residential
Water heater type application
------------------------------------------------------------------------
Gas-fired Storage...................... Rated input >105 kBtu/h; Rated
storage volume >120 gallons.
Oil-fired Storage...................... Rated input >140 kBtu/h; Rated
storage volume >120 gallons.
Electric Instantaneous................. Rated input >58.6 kW; Rated
storage volume >2 gallons.
------------------------------------------------------------------------
81 FR 79261, 79321-79322 (Nov. 10, 2016); 10 CFR 431.102.
Pursuant to EEIA 2015, DOE published a final rule on August 11,
2015 (August 2015 final rule), which codified the changes required by
EEIA 2015. 80 FR 48004. These changes included adding definitions for
``grid-enabled water heater'' and ``activation lock'' to 10 CFR 430.2
and adding energy conservation standards with levels set in terms of
the EF metric, to 10 CFR 430.32(d). Id. at 48009-48010.
On December 29, 2016, DOE published a final rule (December 2016
final rule) that denominated the efficiency standards in terms of the
uniform efficiency descriptor (i.e., the UEF metric) and established
mathematical conversion factors to translate the EF, TE, and SL metrics
to the UEF metric. 81 FR 96204. The published conversion factors were
only applicable for converting test results for one year after the
publication of the December 2016 final rule as required by EPCA, as
amended by AEMTCA. Id. at 96204, 96204. Therefore, the conversion
factors published to translate previously tested EF, TE, and SL values
to converted UEF values were removed from 10 CFR 429.17 on December 29,
2017, at which time all rated UEF values were to be based on actual
testing to the test procedure published in the July 2014 final rule
(i.e., to the UEF test procedure).
II. Request for Information
In the following sections, DOE has identified a variety of issues
on which it seeks input to aid in the development of the technical and
economic analyses regarding whether amended test procedures for
consumer water heaters and residential-duty commercial water heaters
are warranted so as to more accurately or fully comply with the
requirements in EPCA that test procedures: (1) Be reasonably designed
to produce test results which reflect energy efficiency, energy use, or
estimated annual operating cost 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); 42 U.S.C. 6314(a)(2)) Specifically, DOE is
requesting comment on any opportunities to streamline and simplify
testing requirements for consumer water heaters and residential-duty
commercial water heaters.
Further, the Department recently published an RFI regarding test
procedures across the full range of consumer products and commercial
equipment that fall under its regulatory authority pursuant to EPCA. In
that RFI, DOE noted that over time, many of DOE's test procedures have
been amended to account for products' and equipment's increased
functionality and modes of operation. DOE's intent in issuing that RFI
was to gather information to ensure that the inclusion of measurement
provisions in its test procedures associated with such increased
functionality has not inadvertently compromised the measurement of
representative average use cycles or periods of use, and made some test
procedures unnecessarily burdensome. 84 FR 9721 (March 18, 2019).
Although the comment period on the March 2019 RFI has since closed, DOE
seeks comment on this issue as it specifically pertains to the test
procedure for the consumer water heaters and residential-duty
commercial water heaters that are the subject of this current 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 consumer water heaters and residential-duty
commercial water heaters. 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.
Additionally, DOE welcomes comments on other issues relevant to the
conduct of this process that may not specifically be identified
elsewhere in this document. In particular, DOE notes that under section
1 of 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
test procedure regulations applicable to consumer water heaters and
residential-duty commercial water heaters consistent with the
requirements of EPCA.
A. Scope and Definitions
This RFI covers those products that meet the definitions for
consumer ``water heater,'' in the statute at 42 U.S.C. 6291(27), as
codified at 10 CFR 430.2. This RFI also covers commercial water heating
equipment with residential applications meeting the definition of a
``residential-duty commercial water heater,'' as codified at 10 CFR
431.102.
In the context of covered consumer products, EPCA defines ``water
heater'' as a product which utilizes oil, gas, or electricity to heat
potable water for use outside the heater upon demand, including--
(a) Storage type units which heat and store water at a
thermostatically controlled temperature, including gas storage water
heaters with an input of 75,000 Btu per hour or less, oil storage
water heaters with an input of 105,000 Btu per hour or less, and
electric storage water heaters with an input of 12 kilowatts or
less;
(b) Instantaneous type units which heat water but contain no
more than one gallon of water per 4,000 Btu per hour of input,
including gas instantaneous water heaters with an input of 200,000
Btu per hour or less, oil instantaneous water heaters with an input
of 210,000 Btu per hour or less, and electric instantaneous water
heaters with an input of 12 kilowatts or less; and
(c) Heat pump type units, with a maximum current rating of 24
amperes at a voltage no greater than 250 volts, which are products
[[Page 21108]]
designed to transfer thermal energy from one temperature level to a
higher temperature level for the purpose of heating water, including
all ancillary equipment such as fans, storage tanks, pumps, or
controls necessary for the device to perform its function.
(42 U.S.C. 6291(27); 10 CFR 430.2)
In addition, at 10 CFR 430.2, DOE further defines several specific
categories of consumer water heaters, as follows:
(1) ``Electric instantaneous water heater'' means a water heater
that uses electricity as the energy source, has a nameplate input
rating of 12 kW or less, and contains no more than one gallon of
water per 4,000 Btu per hour of input.
(2) ``Electric storage water heater'' means a water heater that
uses electricity as the energy source, has a nameplate input rating
of 12 kW or less, and contains more than one gallon of water per
4,000 Btu per hour of input.
(3) ``Gas-fired instantaneous water heater'' means a water
heater that uses gas as the main energy source, has a nameplate
input rating less than 200,000 Btu/h, and contains no more than one
gallon of water per 4,000 Btu per hour of input.
(4) ``Gas-fired storage water heater'' means a water heater that
uses gas as the main energy source, has a nameplate input rating of
75,000 Btu/h or less, and contains more than one gallon of water per
4,000 Btu per hour of input.
(5) ``Grid-enabled water heater'' means an electric resistance
water heater that--
(a) Has a rated storage tank volume of more than 75 gallons;
(b) Is manufactured on or after April 16, 2015;
(c) Is equipped at the point of manufacture with an activation
lock and;
(d) Bears a permanent label applied by the manufacturer that--
(i) Is made of material not adversely affected by water;
(ii) Is attached by means of non-water-soluble adhesive; and
(iii) Advises purchasers and end-users of the intended and
appropriate use of the product with the following notice printed in
16.5 point Arial Narrow Bold font: ``IMPORTANT INFORMATION: This
water heater is intended only for use as part of an electric thermal
storage or demand response program. It will not provide adequate hot
water unless enrolled in such a program and activated by your
utility company or another program operator. Confirm the
availability of a program in your local area before purchasing or
installing this product.''
(6) ``Oil-fired instantaneous water heater'' means a water
heater that uses oil as the main energy source, has a nameplate
input rating of 210,000 Btu/h or less, and contains no more than one
gallon of water per 4,000 Btu per hour of input.
(7) ``Oil-fired storage water heater'' means a water heater that
uses oil as the main energy source, has a nameplate input rating of
105,000 Btu/h or less, and contains more than one gallon of water
per 4,000 Btu per hour of input.
The definition for ``grid-enabled water heater'' includes the term
``activation lock,'' which is defined to mean a control mechanism
(either by a physical device directly on the water heater or a control
system integrated into the water heater) that is locked by default and
contains a physical, software, or digital communication that must be
activated with an activation key to enable the product to operate at
its designed specifications and capabilities and without which the
activation of the product will provide not greater than 50 percent of
the rated first-hour delivery of hot water certified by the
manufacturer. 10 CFR 430.2.
Issue A.1: DOE requests comment on the definitions currently
applicable to consumer water heaters and whether any of the definitions
should be revised, and if so, how. Please provide a rationale for any
suggested change.
DOE had previously established a separate product class and
definition for ``tabletop water heater,'' which was defined in Appendix
E as a water heater in a rectangular box enclosure designed to slide
into a kitchen countertop space with typical dimensions of 36 inches
high, 25 inches deep, and 24 inches wide. 66 FR 4474, 4497 (Jan. 17,
2001). The definition for ``tabletop water heater'' was removed from
Appendix E as part of the July 2014 final rule, and was inadvertently
not added to 10 CFR 430.2. 79 FR 40542, 40567-40568 (July 11, 2014).
However, energy conservation standards for tabletop water heaters are
still specified at 10 CFR 430.32(d). DOE tentatively plans to consider
such products in any rulemaking that would result from this RFI,
including adding the definition for these products to 10 CFR 430.2.
Issue A.2: DOE requests feedback on whether the previous definition
for ``tabletop water heater'' is still appropriate, and whether such
products should continue to be considered separately from other classes
of consumer water heaters.
As stated previously, Appendix E covers certain commercial water
heating equipment defined as ``residential-duty commercial water
heaters'' as defined at 10 CFR 431.102. As noted, ``residential-duty
commercial water heater'' is defined as any gas-fired storage, oil-
fired storage, or electric instantaneous commercial water heater that
meets the following conditions: (1) For models requiring electricity,
uses single-phase external power supply; (2) Is not designed to provide
outlet hot water at temperatures greater than 180 [deg]F; and (3) Does
not meet any of the following criteria:
------------------------------------------------------------------------
Indicator of non-residential
Water heater type application
------------------------------------------------------------------------
Gas-fired Storage...................... Rated input >105 kBtu/h; Rated
storage volume >120 gallons.
Oil-fired Storage...................... Rated input >140 kBtu/h; Rated
storage volume >120 gallons.
Electric Instantaneous................. Rated input >58.6 kW; Rated
storage volume >2 gallons.
------------------------------------------------------------------------
10 CFR 431.102.
Issue A.3: DOE requests comment on the definition for
``residential-duty water heater,'' which are subject to the Appendix E
test method for consumer water heaters. Please provide the rationale
for any suggested changes.
B. Test Procedure
DOE's current test procedure for consumer water heaters and
residential-duty commercial water heaters includes a storage volume
test (if the rated storage volume of the water heater is above 2
gallons), a delivery capacity test (either the FHR or max GPM tests),
and a 24-hour simulated-use test. See sections 5.2.1, 5.3, and 5.4 of
Appendix E, respectively. The FHR test is conducted on non-flow-
activated water heaters and provides an estimate of the maximum volume
of hot water that a water heater can supply within an hour. The max GPM
test is conducted on flow-activated water heaters and represents the
maximum flow rate of hot water that can be supplied by the water heater
while maintaining a nominal temperature rise during steady-state
operation. The 24-hour simulated-use test approximates an actual day of
use for a typical consumer, and it is conducted at one of four possible
draw patterns (very small, low, medium, and high) which are determined
from the results of the delivery capacity test (i.e., either the FHR or
max GPM test). Draw patterns are a specified series of draws for which
the draw start time, volume removed, and flow rate are specified. The
sections below address specific test procedure issues on which DOE
seeks comment and information.
1. Updates to Industry Standards
ASHRAE maintains a published water heater test procedure titled,
``ANSI/ASHRAE Standard 118.2-2006 (RA 2015), Method of Testing for
Rating Residential Water Heaters.'' The ANSI/ASHRAE 118.2-2006 (RA
2015) test procedure is similar to the DOE test procedure that was in
effect prior to the July 2014 final rule, although there is no direct
relationship between the ANSI/ASHRAE and DOE test method (i.e., neither
the former nor the current DOE
[[Page 21109]]
consumer water heater test procedure include any reference to ANSI/
ASHRAE Standard 118.2). In March 2019, ASHRAE published the second
public review draft of Board of Standards Review (BSR) ANSI/ASHRAE
Standard 118.2-2006R, ``Method of Testing for Rating Residential Water
Heaters and Residential-Duty Commercial Water Heaters'' (ASHRAE Draft
118.2). ASHRAE Draft 118.2 is very similar to the DOE consumer water
heater test procedure but includes some differences throughout, some of
which would result in test procedure results different from the DOE
test procedure. While DOE would only consider incorporation by
reference (IBR) of a finalized version of ASHRAE Draft 118.2, DOE is
interested in receiving comments on the merits of the draft in
anticipation of such a possibility, or to consider incorporating
aspects of the draft into a revised DOE test procedure. The differences
between ASHRAE Draft 118.2 and the DOE test procedure are discussed in
the paragraphs that follow.
a. Temperature and Humidity Test Conditions
ASHRAE Draft 118.2 replaces the use of specified values for inlet
water temperature, outlet water temperature, ambient temperature, and
relative humidity with variables used as placeholders. This approach
generalizes the test method to be applicable to any set of test
conditions for these four parameters. Consequently, for each individual
test, the testing laboratory must decide which specific values to use
for each parameter. The test conditions corresponding to DOE's consumer
water heater test procedure are provided in an appendix to ASHRAE Draft
118.2 for reference only. As such, if DOE were to incorporate a
finalized version of ASHRAE Draft 118.2, the Department would need to
specify the test conditions at which to perform the test.
ASHRAE Draft 118.2 includes additional criteria to the start of the
FHR test, as compared to DOE's test procedure. Section 5.3.3.3 of
Appendix E of the current DOE test procedure states that prior to the
start of the FHR test, if the water heater is not operating (heating
water), initiate a draw until cut-in (i.e., when the water heater
begins heating water). The draw is then terminated any time after cut-
in, and the water heater is allowed to operate until cut-out (i.e.,
when the water heater stops heating water). When the maximum mean tank
temperature is observed after cut-out, the initial draw of the FHR test
begins. ASHRAE Draft 118.2 specifies that the draw preceding the
initial draw of the FHR test must proceed until the outlet temperature
drops 15 [deg]F below the maximum outlet temperature observed, or until
a cut-in occurs, whichever is longer. Requiring the outlet temperature
to drop 15 [deg]F below the maximum outlet temperature may provide a
more consistent starting condition for the FHR test compared to the
pre-conditioning method specified in the current DOE test procedure
since draws of varying lengths can create different internal tank
temperature profiles. Thus, the additional requirement to end the pre-
conditioning draw, which in some cases would extend the draw length as
compared to the current DOE test procedure, could increase the
repeatability of the FHR test. However, DOE has found that there are
models on the market with low storage volumes and high input rates that
would be required to be tested to the FHR test but that are capable of
delivering hot water indefinitely at the conditions specified in the
FHR test. Such water heaters would never deliver an outlet temperature
15 [deg]F below the maximum outlet temperature observed. Therefore, the
FHR test could not start since this criterion of a 15 [deg]F drop below
the outlet temperature, which would require a longer period than the
cut-in, would never be met.
Issue B.1: DOE requests feedback on whether the addition of an
outlet temperature drop criterion for terminating the water draw prior
to the start of the FHR test is appropriate and/or necessary. If an
outlet temperature drop criterion is appropriate, DOE requests comment
and data on whether 15 [deg]F is sufficiently representative, given
consumer expectation, or whether a different threshold should be
considered. DOE also requests information on any potential impact to
the testing burden that would result from an outlet temperature drop
criterion. Further, DOE requests comment on how to address water
heaters that would not meet both initiation criteria (i.e., both a cut-
in and an outlet temperature drop) due to the ability to continuously
deliver hot water at the prescribed test conditions.
ASHRAE Draft 118.2 includes additional criteria regarding water
draws during the FHR test, as compared to DOE's test procedure. The FHR
test required in section 5.3.3 of Appendix E of the current test
procedure specifies a series of water draws over the course of one
hour. After each water draw is initiated, the draw is terminated when
the outlet water temperature decreases 15 [deg]F from the maximum
outlet water temperature measured during the draw. (For example, if
after initiating a water draw, the outlet water temperature reaches a
maximum temperature of 125 [deg]F, the water draw would continue until
the outlet water temperature drops to 110 [deg]F, at which time the
water draw would be terminated.) ASHRAE Draft 118.2 specifies that
water draws during the FHR test terminate if either: (1) The outlet
water temperature decreases 15 [deg]F from the maximum outlet water
temperature measured during the draw, or (2) the outlet water
temperature decreases to 105 [deg]F, regardless of the maximum outlet
water temperature measured during the draw. Setting a minimum
temperature threshold of 105 [deg]F may contribute to a more
representative result by ensuring that the unit provides sufficiently
``hot'' water (i.e., representative of what a consumer would expect
from a water heater) throughout the duration of the test. DOE could
similarly consider implementing a minimum delivery temperature as a
criterion for terminating water draws during the FHR test.
Issue B.2: DOE requests feedback on whether the addition of a
minimum delivery temperature as a criterion for terminating draws
during the FHR test is appropriate and/or necessary. If a minimum
delivery temperature criterion is appropriate, DOE requests comment and
data on whether 105 [deg]F is sufficiently representative given
consumer expectation, or whether a different threshold should be
considered. DOE also requests information on any potential impact to
the testing burden that would result from a minimum delivery
temperature criterion.
b. Definitions, Symbols, and Figures
ASHRAE Draft 118.2 defines ``gas-fired heat pump storage water
heaters,'' as water heaters that:
(a) use gas as the main energy source,
(b) have a nameplate input rating of 20,000 Btu/h (26.4 MJ/h) or
less,
(c) have a maximum current rating of 24 amperes (including all
auxiliary equipment such as fans, pumps, controls, and, if on the same
circuit, any resistive elements) at an input voltage of no greater than
250 volts,
(d) have a rated storage volume not more than 120 gallons (450
liters), and
(e) are designed to transfer thermal energy from one temperature
level to a higher temperature level to deliver water at a
thermostatically controlled temperature less than or equal to 180
[deg]F (82 [deg]C).
The current DOE test method does not define the term ``gas-fired
heat pump storage water heater.''
[[Page 21110]]
Issue B.3: DOE requests feedback on the need for creating a
separate definition for ``gas-fired heat pump storage water heater,''
or whether the current DOE definitions in 10 CFR 430.2 for ``gas-fired
storage water heater'' and ``water heater,'' which includes ``heat pump
type units,'' would adequately cover such products for the purpose of
performing the DOE test procedure.
ASHRAE Draft 118.2 also defines ``electric heat pump storage water
heaters,'' as water heaters that:
(a) use electricity as the energy source,
(b) have a nameplate input rating of 12 kW (40,956 Btu/h) or less,
(c) have a rated storage capacity of 120 gallons (450 L) or less,
(d) are designed to transfer thermal energy from one temperature
level to a higher temperature level for the purpose of heating water,
and
(e) are designed to heat and store water at a thermostatically-
controlled temperature less than or equal to 180 [deg]F (82[deg]C).
Issue B.4: DOE requests feedback on the need for creating a
separate definition for ``electric heat pump storage water heater,'' or
whether the current DOE definitions in 10 CFR 430.2 for ``electric
storage water heater'' and ``water heater,'' which includes ``heat pump
type units,'' would adequately cover such products for the purpose of
performing the DOE test procedure.
DOE also notes that several definitions in ASHRAE Draft 118.2 limit
the scope of products covered by the standard more narrowly than the
definitions for consumer water heaters and relevant commercial water
heater definitions contained in EPCA. (42 U.S.C. 6291(27) and 42 U.S.C.
6311(12)(A)-(B)) For example, ASHRAE Draft 118.2 limits the storage
volume for storage-type water heaters to 120 gallons or less and limits
the maximum delivery temperature to 180 [deg]F (82 [deg]C) (whereas
EPCA does not define limits on storage volume or maximum delivery
temperature).
Issue B.5: DOE requests comment on whether the ASHRAE Draft 118.2
test method could be applied to water heaters beyond the scope defined
in ASHRAE Draft 118.2 to cover all water heaters included within the
scope of DOE's definitions for consumer water heaters and residential-
duty commercial water heaters. If modifications to ASHRAE Draft 118.2
would be required to address testing of water heaters not within the
scope of that draft, DOE requests comment on what those modifications
would be.
ASHRAE Draft 118.2 includes new figures that provide greater detail
illustrating how to set up a water heater for test. For example, a
purge (by-pass) loop is added to the inlet water line in all figures.
Additional figures include a test set-up for an instantaneous water
heater with connections on the top, a figure describing the placement
of a thermal break \6\ in the inlet water line, and two figures showing
configurations for the thermocouple tree, if it needs to be installed
through the outlet water line. The thermal break is added to the test
set-up to prevent heat from travelling up the inlet piping into the
purge loop section. When purging before a draw, any heat that is
transferred from the water heater through the inlet piping to the purge
loop section would be lost, as the purge loop is replenished with cold
supply water. The thermal break helps to prevent this heat loss.
---------------------------------------------------------------------------
\6\ A ``thermal break'' is defined in ASHRAE Draft 118.2 as a
nipple made of material that has thermal insulation properties
(e.g., plastics) to insulate the by-pass loop from the inlet piping.
It should be able to withstand a pressure of 150 psi and a
temperature of 150 [deg]F.
---------------------------------------------------------------------------
Issue B.6: DOE requests feedback on whether the figures in Appendix
E should be updated to include additional detail, including the detail
provided in the figures in ASHRAE Draft 118.2. If so, please address
whether the additional specificity provided in the figures could be too
restrictive for the purpose of the DOE test procedure, or whether such
specificity would be justified by improving reproducibility of test
results.
Issue B.7: DOE requests feedback on whether a definition of
``thermal break'' should be added to DOE's consumer water heater test
procedure.
Issue B.8: DOE requests feedback on the necessity of a thermal
break if no by-pass or purge loop is included in the test set-up.
Issue B.9: DOE requests feedback on whether the maximum temperature
the thermal break must be able to withstand would appropriately be set
at 150 [deg]F. If another threshold would be more appropriate, please
provide a rationale for the alternate value.
c. Standby Loss Test
The DOE test method includes a standby period measured between draw
clusters one and two, during which data is recorded that is used to
calculate the standby heat loss coefficient. See section 5.4.2 of
Appendix E. ASHRAE Draft 118.2 adds a condition that the standby period
data can only be recorded between the first and second draw clusters if
the time between the observed maximum mean tank temperatures after cut-
out \7\ following the first draw cluster to the start of the second
draw cluster is greater than or equal to 6 hours. Otherwise, ASHRAE
Draft 118.2 states that the standby period data would be recorded after
the last draw of the test. This condition is intended to ensure that a
sufficiently long standby period is used to determine standby loss,
which might make this calculation more repeatable and the results more
representative of standby losses experienced in an average period of
use. However, this might also cause the test to extend beyond a 24-hour
duration. DOE could consider implementing a similar minimum standby
period within the DOE test procedure.
---------------------------------------------------------------------------
\7\ Section 1.2 of Appendix E defines ``cut-out'' as the time
when or water temperature at which a water heater control or
thermostat acts to reduce to a minimum the energy or fuel input to
the heating elements, compressor, or burner.
---------------------------------------------------------------------------
Issue B.10: DOE requests feedback on whether it should consider the
addition of a minimum standby period length of 6 hours for use in the
standby loss calculations, and on the appropriateness of recording this
data after the final draw cluster when less than 6 hours of standby
time occur between draw clusters one and two.
For instances where the standby period occurs after the last draw
of the test, ASHRAE Draft 118.2 includes a different method to end the
24-hour simulated-use test, as compared to the method specified in the
DOE test procedure at Appendix E. In section 5.4.2 of Appendix E, power
to the main burner, heating element, or compressor is disabled during
the last hour of the test. In ASHRAE Draft 118.2, power is not
disabled, but, if a recovery occurs between an elapsed time of 23 hours
following the start of the test (hour 23) and 24 hours following the
start of the test (hour 24), the following alternate approach is
applied to determine the energy consumed during the 24-hour test: The
time, total energy used, and mean tank temperature are recorded at 1
minute prior to the start of the recovery occurring between hour 23 and
hour 24, along with the average ambient temperature from 1 minute prior
to the start of the recovery occurring between hour 23 and hour 24 to
hour 24 of the simulated-use test. These values are used to determine
the total energy used by the water heater during the 24-hour simulated-
use test. This alternate calculation combines the total energy used 1
minute prior to the start of the recovery occurring between hours 23
and 24 and the standby loss experienced by the tank during the time
between the minute prior to the recovery start and
[[Page 21111]]
hour 24. This change is included in ASHRAE Draft 118.2 so as not to
artificially de-energize a water heater during the standby period. The
modification should reduce the burden on test laboratories by
eliminating the need to ensure that the unit is switched off for this
one hour.
Issue B.11: DOE requests feedback on whether it should consider an
alternate procedure, similar to that in ASHRAE Draft 118.2, for the
last hour of the 24-hour simulated-use test.
Issue B.12: DOE requests feedback on whether the addition of
standby loss in the total energy use calculation adequately represents
the auxiliary energy use that is not measured between the minute prior
to the start of the recovery occurring between hours 23 and 24, and
hour 24 of the 24-hour simulated-use test.
d. Calculations
The DOE test method includes a provision for the FHR test requiring
that, if a draw is not in progress at one hour from the start of the
test and, therefore, a final draw is imposed at the elapsed time of one
hour, calculations are used to scale the volume drawn during the final
draw. Sections 5.3.3.3 and 6.1 of Appendix E, respectively. The scaling
of the final draw is based on the temperature of the water delivered
during the final draw as compared to the temperature of the water
delivered during the previous draw. The scaled final draw volume is
then added to the total volume drawn during other draws to determine
the FHR. ASHRAE Draft 118.2 removed the scaling calculation for the
case in which a draw is not in progress at one hour from the start of
the test and a final draw is imposed at the elapsed time of one hour.
Instead, the ASHRAE Draft 118.2 method calculates FHR as the sum of the
volume of hot water delivered without any scaling to the final draw.
The methodology for conducting the FHR test, and in particular the
issue of whether to scale the final draw, was considered during the May
1998 final rule, and DOE determined at that time that a temperature
correction factor was appropriate and was included to adjust the volume
of the last draw to account for the lower heat content of the last draw
compared to the earlier draws with fully heated water. 63 FR 25996,
26004-26005 (May 11, 1998).
Issue B.13: DOE requests feedback on whether the temperature
correction scaling calculation should be maintained for the final draw
in calculation of FHR for the case in which a draw is not in progress
at one hour from the start of the test and is imposed at the elapsed
time of one hour.
Issue B.14: DOE requests feedback on the effect that removing the
temperature correction factor would have on the rated FHR, draw
pattern, and rated UEF values of the various types of non-flow-
activated water heaters that are tested to the FHR test.
ASHRAE Draft 118.2 includes language clarifying that when the first
recovery of the simulated-use test extends during a draw, the first
recovery period extends until the end of that draw. The first recovery
period is used in ASHRAE Draft 118.2 and section 6.3.2 of DOE's test
procedure to calculate recovery efficiency. DOE's test procedure does
not directly address how to calculate recovery efficiency if the first
recovery period ends during a draw. Each of the parameters in the
recovery efficiency equation are recorded at the end of the first
recovery period (e.g., the total mass removed is recorded at the end of
the first recovery period and not the end of the draw).
Issue B.15: DOE requests feedback on whether additional
specification should be added to Appendix E addressing the first
recovery period ending during a draw.
Issue B.16: DOE requests feedback on whether it is appropriate to
extend the first recovery period to the end of the draw, or to end the
recovery period at the end of the recovery. If extending the first
recovery period to the end of the draw is appropriate, please address
the situation where a second recovery is initiated prior to the ending
of the draw. Please also address the appropriate calculation of the
maximum mean tank temperature recorded after cut-out following the
first recovery, Tmax,1.
ASHRAE Draft 118.2 updated the recovery efficiency equation for
water heaters with a rated storage volume greater than or equal to 2
gallons (7.6 L) to address situations in which the recovery period
lasts for more than one draw, as can occur while testing water heaters
with long recovery times such as heat pump water heaters recovering
using only the heat pump. The energy removed from the tank during each
draw is summed and added to the change in stored energy in the tank
from the start of the test to the maximum mean tank temperature
observed after the end of the recovery period. Section 6.3.2 of the DOE
test procedure also uses the total energy removed from the tank when
more than one draw occurs during the first recovery period.
Issue B.17: DOE requests feedback on whether the equation for
recovery efficiency for water heaters with a rated storage volume
greater than or equal to 2 gallons (7.6 L) should be updated to address
when the recovery period lasts for more than one draw.
2. Other Potential Updates to the Federal Test Method
Beyond considering the updates in the ASHRAE Draft 118.2 test
method discussed in the previous section, DOE is also considering a
number of potential updates to its test method in Appendix E that are
not addressed in ASHRAE Draft 118.2. These updates are discussed in the
paragraphs that follow.
a. Test Conditions
Section 2.3 of Appendix E specifies maintaining the supply water
temperature at 58 [deg]F 2 [deg]F (14.4 [deg]C 1.1 [deg]C). During the 24-hour simulated-use test, maintaining
the supply water temperature within this range can be difficult at the
immediate start of a draw due to the short time between draw initiation
and the first measurement at 5 seconds (with subsequent measurements
every 3 seconds thereafter), as required by section 5.4.2 or 5.4.3 of
Appendix E. In some test configurations, particularly during the lower-
flow water draws, the inlet water and piping may retain heat from a
previous draw, causing the water entering the unit during the initial
measurements to be slightly outside of tolerance. Any supply water
temperature reading outside of the test tolerances would invalidate a
test. However, due to the small percentage of total water use that
would be affected, supply water temperatures that are slightly out of
tolerance for the first one or two data points would have a negligible
effect on the overall test result.\8\ This issue is less evident during
the FHR test, which specifies an initial temperature measurement 15
seconds after the start of the water draw. This is not an issue during
the max GPM test due to the system being in steady-state during the
entire test.
---------------------------------------------------------------------------
\8\ For example, the first two temperature readings would
reflect 8 seconds of water flow, in comparison to total water draw
durations ranging from 1 minute to over 8 minutes, according to the
water draw patterns defined in Tables III.1, III.2, III.3, and III.4
of Appendix E.
---------------------------------------------------------------------------
Issue B.18: DOE requests feedback on whether one or two supply
water temperature data points outside of the test tolerance at the
beginning of a draw would have a measurable effect on the results of
the test.
Issue B.19: DOE requests feedback on whether DOE should consider
relaxing the requirement for supply water temperature tolerances at the
start of a draw, and if so, which methods are most
[[Page 21112]]
appropriate for doing so while maintaining accuracy and repeatability.
Section 2.2 of Appendix E specifies maintaining ambient air
temperature between 65.0 [deg]F and 70.0 [deg]F (18.3 [deg]C and 21.1
[deg]C) on a continuous basis for all types of consumer water heaters
(and residential-duty commercial water heaters) other than heat pump
water heaters. For heat pump water heaters, ambient air temperature
must be maintained between 67.5 [deg]F 1 [deg]F (19.7
[deg]C 0.6 [deg]C), and the relative humidity must be
maintained at 50% 2% throughout the test. For all water
heaters, section 2.7.1 of Appendix E specifies maintaining the
electrical supply voltage within 1% of the center of the
voltage range specified by the manufacturer. Similar to the supply
water temperature discussed above, a brief measurement of air
temperature, relative humidity, or electrical supply voltage that is
slightly outside of the test tolerance would invalidate a test, but
likely has a negligible effect on the results of the test.
Issue B.20: DOE requests feedback on whether the tolerances for
ambient air temperature, relative humidity, and electrical supply
voltage are difficult to maintain at the start of a draw, and if so,
whether DOE should consider relaxing these requirements at the start of
a draw. If DOE should consider relaxing these requirements, what should
the tolerances be?
DOE has conducted exploratory testing to investigate the effect of
relative humidity (RH) on the measured UEF values of consumer gas-fired
instantaneous water heaters. Two models, one non-condensing and the
other condensing, were each tested twice at an RH of 50 percent and an
RH of 80 percent (i.e., each model was tested four times, with two
tests at an RH of 50 percent and two tests at an RH of 80 percent). The
increase in relative humidity from 50 percent to 80 percent resulted in
a maximum change in UEF for the non-condensing and condensing models of
0.011 and 0.015, respectively.
Issue B.21: DOE requests feedback on whether test conditions for
relative humidity should extend to other consumer water heater types
besides heat pump water heaters.
For gas-fired water heaters, sections 2.7.2 and 2.7.3 of Appendix E
require maintaining the gas supply pressure in accordance with the
manufacturer's specifications; or, if the supply pressure is not
specified, a supply pressure of 7-10 inches of water column (1.7-2.5
kPa) for natural gas and 11-13 inches of water column (2.7-3.2 kPa) for
propane gas must be maintained. In addition, for gas-fired water
heaters with a pressure regulator, sections 2.7.2 and 2.7.3 require the
regulator outlet pressure to be within 10 percent of the
manufacturer's specified manifold pressure. From a review of product
literature, DOE has found that many gas-fired water heaters with
variable input burners have a factory preset manifold pressure that is
computer-controlled and cannot be adjusted directly. Further, the
manufacturer-specified manifold pressure typically refers to when the
water heater is operating at the maximum firing rate.
Issue B.22: DOE requests comment on whether sections 2.7.2 and
2.7.3 should be amended to account for models where the manifold
pressure cannot be adjusted directly and whether the 10%
tolerance should apply only when firing to the manufacturer specified
firing rate.
In addition to the gas pressure requirements, section 5.2.3
requires maintaining an hourly Btu rating (i.e., power input rate) that
is within 2% of the value specified by the manufacturer
(i.e., the nameplate value). DOE has observed during testing that for
some gas-fired water heaters, a power input rate cannot be achieved
that is within 2% of the nameplate value while maintaining
the gas supply pressure and manifold pressure within the required
ranges. In such instances, it is common practice for the testing
laboratory to modify the size of the orifice that is shipped with the
water heater; for example, the testing laboratory may enlarge the
orifice to allow enough gas flow to achieve the nameplate input rating
within the specified tolerance, if the power input rate is too low with
the orifice as supplied. For commercial water heating equipment, DOE
addressed this issue by specifying in the product-specific enforcement
provisions that, after adjusting the manifold and supply pressures to
their specified limits, if the fuel input rate is still not within
2 percent of the rated input, DOE will attempt to modify
the gas inlet orifice. 10 CFR 429.134(n)(ii).
Issue B.23: DOE requests comment regarding whether provisions
should be added to the test procedure at Appendix E to address water
heaters that cannot operate within 2 percent of the
nameplate rated input as shipped from the factory. If so, DOE requests
comment on how to address this issue, and whether it is appropriate to
physically modify the orifice, similar to the direction for commercial
water heaters.
b. Terminology
In sections 5.3.3.1 and 5.3.3.2 of Appendix E, which describe
general requirements and draw initiation criteria, respectively, for
the FHR test, the term ``storage-type water heaters'' is used. However,
the FHR applies to all water heaters that are not flow-activated, which
could include non-flow-activated instantaneous water heaters with
storage volumes above 2 gallons.
Issue B.24: DOE requests feedback on whether to update the phrase
``storage-type water heaters'' in section 5.3.3 to ``non-flow-activated
water heaters.''
c. Test Set-up
DOE is considering whether it should update the test set-up
requirement for the location of a flow meter (when used), and/or
specifications regarding how to determine the water density for the
purpose of calculating the water mass removed from the water heater
when volume is measured using a flow meter. In sections 6.3.2 and 6.4.1
of Appendix E, both titled, ``Recovery Efficiency,'' the total mass of
water removed (i.e., mass of water that flows through the outlet) from
the start of the 24-hour simulated-use test to the end of the first
recovery period (M1) is used to calculate recovery
efficiency. The test procedure accommodates determining the total mass
either directly (e.g., through the use of a weighing scale), or
indirectly by multiplying the total volume removed (V1)
(i.e., total volume of hot water flow through the outlet) by the
density of water ([rho]1), which is required to be
determined based on the water temperature at the point where the flow
volume is measured.\9\ The test procedure does not specify where in the
flow path the flow volume and density must be measured, which allows
for laboratory test set-ups that measure the flow volume either on the
cold inlet side of the water heater or on the hot outlet side. DOE is
concerned that allowing the flow meter to be located on either the
inlet or outlet side, and calculating the mass of the water that is
heated during the test based on the density of the water where the flow
meter is located, could result in differences in the mass of water that
is calculated depending on whether the flow meter is in the inlet water
line or the outlet water line. Because the inlet water is colder than
at the outlet, it is also denser, meaning that the same volume of water
has more mass at the inlet than the outlet. In addition, some of the
mass of inlet water could, after being heated, expand out of the water
heater into the expansion tank and be
[[Page 21113]]
purged prior to a draw.\10\ Any ``expanded'' volume of water that is
lost through the purge line could be included in a volume measurement
taken at the inlet, but not be included in a volume measurement taken
at the outlet. To alleviate the potential for a mismatch between the
mass of water measured at the inlet and outlet, DOE is considering
whether to specify the location of the flow meter when one is used to
determine the amount of water removed. Alternatively, if the volume of
water going into the water heater will always be equivalent to the
volume withdrawn, DOE could consider using the density at the hot
outlet side for the purpose of calculating total mass of water removed
in sections 6.3.2 and 6.4.1 of Appendix E, regardless of where flow
volume is measured.
---------------------------------------------------------------------------
\9\ Although the DOE test procedure does not specify how to
measure and/or calculate density, it is typically calculated using
either a regression equation or density tables based on a specific
temperature and pressure.
\10\ The change in volume occurs because water expands and
increases in volume as it is heated.
---------------------------------------------------------------------------
Issue B.25: DOE requests feedback on whether the consumer water
heater test procedure should require measurement of flow in the outlet
water line to ensure that the mass of water removed from the tank is
accurate. Alternatively, DOE is interested in comment on whether
requiring density, [rho]1, to be determined based on the
outlet temperature, rather than the temperature where the flow volume
is measured, would alleviate this issue.
In sections 6.3.5 and 6.4.2 of Appendix E, the mass withdrawn from
each draw (Mi) is used to calculate the daily energy
consumption of the heated water at the measured average temperature
rise across the water heater (QHW). However, neither section
includes a description of how to calculate the mass withdrawn for tests
in which the mass is indirectly determined using density and volume
measurements (as described above).
Issue B.26: DOE requests feedback on whether to update the consumer
water heater test procedure to include a description of how to
calculate the mass withdrawn from each draw in cases where mass is
indirectly determined using density and volume measurements.
In section 6.3.3 of Appendix E titled, ``Hourly Standby Losses,''
the descriptions for cumulative energy consumption (Qsu,0
and Qsu,f) and mean tank temperature (Tsu,0 and
su,f) at the start and end of the standby period, along with
the elapsed time, average storage tank and average ambient temperatures
over the standby period (Tstby,1, Tt,stby,1 and
Ta,stby,1, respectively) specifically refer to the standby
period that would occur after the first draw cluster, but do not
explicitly address the case where the standby period occurs after the
last draw of the test.
Issue B.27: DOE requests feedback on whether DOE should revise the
descriptions of Qsu,0, Qsu,f, Tsu,0,
su,f, [tau]stby,1, Tt,stby,1, and
Ta,stby,1 to accommodate cases where the standby period
occurs after the last draw of the test, in addition to cases where the
standby period occurs after the first draw cluster.
d. Specific Considerations for Certain Consumer Water Heaters
DOE has found that several manufacturers produce consumer gas-fired
instantaneous water heaters that are designed to be used with a volume
of stored water (usually in a tank, but sometimes in a recirculating
hot water system of sufficient volume, such as a hydronic space heating
or designated hot water system) where the water heater does not
directly provide hot water to fixtures, such as a faucet or shower
head, but rather replenishes heat lost from the tank or system through
hot water draws or standby losses by circulating water to and from the
tank or other system. These recirculating consumer gas-fired
instantaneous water heaters are typically activated by an aquastat \11\
installed in a storage tank that is sold separately or by an inlet
water temperature sensor. While the products identified by DOE are
within the statutory and regulatory definition of a consumer ``water
heater'' as a covered product, the design and application of
recirculating gas-fired instantaneous water heaters makes testing to
the consumer water heater test procedure difficult, if not impossible,
as these products are not capable of delivering water at the
temperatures and flow rates specified in the UEF test method.
Modifications to the consumer water heater test procedure may be
required to be more representative of typical use for these products.
These modifications could include changes to inlet and/or outlet water
temperature requirements or draw patterns (flow rate and timing). In
addition, use of a representative storage tank may be considered.
---------------------------------------------------------------------------
\11\ An ``aquastat'' is a temperature measuring device typically
used to control the water temperature in a separate hot water
storage tank.
---------------------------------------------------------------------------
Issue B.28: DOE requests feedback on the typical application(s) in
which recirculating gas-fired instantaneous water heaters are used.
Issue B.29: DOE requests feedback on what changes to the consumer
water heater test procedure may be necessary to appropriately test
recirculating gas-fired instantaneous water heaters.
Issue B.30: Additionally, DOE requests feedback on whether there is
an industry standard that would allow for testing of recirculating gas-
fired instantaneous water heaters that would provide results
representative of the energy use of these products for an average use
cycle or period of use.
DOE has identified flow-activated water heaters that are designed
to deliver water at a temperature below the set point temperature of
125 [deg]F 5 [deg]F (51.7 [deg]C 2.8 [deg]C)
that is required by section 2.5 of Appendix E. These water heating
products are typically marketed as handwashing or point-of-use water
heaters. These units typically have low heating rates, which requires
the testing agency to reduce the flow rate in order to be able to
achieve the outlet temperature within the set point temperature range.
However, these units have a minimum activation flow rate, below which
the unit shuts off. Therefore, when the flow rate is too low, the unit
will stop heating water, so there is no flow rate at which the unit
will operate and deliver water at the required outlet temperature.
Issue B.31: DOE requests feedback on whether language should be
added to section 5.2.2.1 of Appendix E, titled, ``Flow-Activated Water
Heaters, including certain instantaneous water heaters and certain
storage-type water heaters,'' to allow for water heaters not designed
to deliver water at 125 [deg]F 5 [deg]F (51.7 [deg]C
2.8 [deg]C) to be tested at a lower set point temperature,
or whether other changes to the test method need to be made to
accommodate these types of models (e.g., an additional draw pattern,
product definition).
DOE has identified water heating products with storage volumes less
than 20 gallons and with input rates near or at the maximum input rate
and considers them to be consumer water heaters. These products are
sold in the consumer market and can be tested to the consumer water
heater test procedure. Section 5.3.3 titled, ``First-Hour Rating'' of
the consumer water heater test procedure at Appendix E requires that
water heaters with storage volume less than 20 gallons be tested at 1.0
0.25 gpm (3.8 0.95 L/min), as opposed to 3.0
0.25 gpm (11.4 0.95 L/min) required for water
heaters with rated storage volumes greater than or equal to 20 gallons.
Water heaters with low volume and high input rates can potentially
operate indefinitely at the 3.0 0.25 gpm (11.4 0.95 L/min) flow rate. When tested as currently required by
Appendix E, such products would have a measured FHR around 60 gallons
(227 L) and, therefore, would be required to use the medium draw
[[Page 21114]]
pattern, although such models could be used in applications similar to
other types of water heaters that fall into the high draw pattern
(e.g., flow-activated instantaneous water heaters with high input rates
and storage water heaters with greater than 20 gallons stored water and
high input rates and/or volumes).
Issue B.32: DOE requests feedback on the consumer water heater test
procedure with respect to testing the delivery capacity of non-flow-
activated water heaters with low volume and high input rate. If
amendments are warranted, DOE requests comment on what method(s) would
be appropriate for determining the delivery capacity of such models and
what attributes can be used to distinguish these water heaters from
non-flow-activated water heaters more appropriately tested by the FHR
test.
Section 4.5 of Appendix E requires water heaters with a rated
storage volume at or above 2 gallons must have their internal storage
tank temperature measured. Typically, a thermocouple tree is inserted
into the storage tank of a water heater through either the anode rod
hole, the outlet water line, or the temperature and pressure relief
valve. DOE has identified consumer water heaters with physical
attributes that make measuring mean tank temperature difficult, such as
water heaters that have a built-in mixing valve and no anode rod, or
have a large heat exchanger that does not allow a thermocouple tree to
be inserted.
Issue B.33: DOE requests feedback on whether amendments to the
water heater test procedure are needed to address water heaters that
cannot have their internal storage tank temperatures measured as
required by the test procedure. If so, DOE requests comment on what
updates to the test procedure would be necessary that would still allow
for accurate measurement of temperature.
C. Test Procedure Waivers
A person may seek a waiver from the test procedure requirements for
a particular basic model of a type of covered product when the basic
model for which the petition for waiver is submitted contains one or
more design characteristics that: (1) Prevent testing according to the
prescribed test procedure, or (2) cause the prescribed test procedures
to evaluate the basic model in a manner so unrepresentative of its true
energy consumption characteristics as to provide materially inaccurate
comparative data. 10 CFR 430.27(a)(1). If a waiver is granted, as soon
as practicable, DOE will publish in the Federal Register a NOPR that
proposes to amend its regulations so as to eliminate any need for the
continuation of such waiver. As soon thereafter as practicable, DOE
will publish in the Federal Register a final rule. 10 CFR 430.27(l).
Currently, DOE has granted one finalized waiver from the current
consumer water heater test procedure.
On January 31, 2020, DOE published a Notice of Decision and Order
in the Federal Register granting Bradford White Corporation a waiver
for a specified basic model that experiences the first cut-out of the
24-hour simulated use test during a draw. 85 FR 5648. The Decision and
Order requires Bradford White Corporation to use an alternate test
procedure that DOE has determined more accurately calculates the
recovery efficiency when the first cut-out occurs during a draw.\12\
Id.
---------------------------------------------------------------------------
\12\ Docket number EERE-2019-BT-WAV-0020, see: https://www.regulations.gov/docket?D=EERE-2019-BT-WAV-0020.
---------------------------------------------------------------------------
DOE has determined that the alternate test procedure is
representative of real-world use conditions for the basic model
specified in the Decision and Order. DOE requests feedback on whether
the test procedure waiver approach is generally appropriate for testing
basic models with these features.
D. Other Test Procedure 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 water heaters and residential-duty commercial water
heaters. As noted, DOE 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 (March 18, 2019). DOE seeks comment on this issue as it
specifically pertains to the test procedures for consumer water heaters
and residential-duty commercial water heaters that are the subject of
this current RFI.
As noted previously, DOE also requests comments on whether
potential amendments based on the issues discussed would result in a
test procedure that is unduly burdensome to conduct, particularly in
light of any new products on the market since the last test procedure
update. If commenters believe that any such amendments would result in
a procedure that is, in fact, unduly burdensome to conduct, DOE seeks
information on whether an existing private sector-developed test
procedure would be more appropriate or other avenues for reducing the
identified burdens while advancing improvements to the water heaters
test procedure.
DOE also requests comment on the benefits and burdens of adopting
any industry/voluntary consensus-based or other appropriate test
procedure, without modification. DOE notes that ANSI/ASHRAE Standard
118.2-2006 (RA 2015), ``Method of Testing for Rating Residential Water
Heaters,'' is effectively the same as the DOE test procedures formerly
used to measure EF. Further, as discussed earlier in this document,
ASHRAE 118.2-2006 (RA 2015) is currently under revision with major
changes being considered to update that test method so as to be similar
to the DOE UEF test procedure currently in Appendix E.
Additionally, DOE requests comment on whether the existing test
procedures limit a manufacturer's ability to provide additional
features to purchasers of consumer water heaters. DOE particularly
seeks information on how the test procedures could be amended to reduce
the cost of new or additional features and make it more likely that
such features are included on consumer water heaters, while still
meeting the requirements of EPCA.
DOE also requests comments on any potential amendments to the
existing test procedures that would address impacts on manufacturers,
including small businesses.
Finally, 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 RFI as
they may be applicable to the consumer water heaters and residential-
duty commercial water heaters that are the subject of this RFI.
[[Page 21115]]
III. Submission of Comments
DOE invites all interested parties to submit in writing by June 1,
2020, comments and information on matters addressed in this document
and on other matters relevant to DOE's consideration of amended test
procedures for consumer water heaters and residential-duty commercial
water heaters. These comments and information will aid in the
development of a test procedure NOPR for consumer water heaters, if DOE
determines that amended test procedures may be appropriate for these
products. After the close of the comment period, DOE will review the
public comments received and may begin collecting data and conducting
the analyses discussed in this RFI.
Submitting comments via https://www.regulations.gov. The https://www.regulations.gov web page requires 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/courier, 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 in a cover letter. Include your first and last names, email
address, telephone number, and optional mailing address. The cover
letter will not be publicly viewable as long as it does not include any
comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible, in which case it is not necessary to submit printed copies.
No telefacsimiles (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. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery/courier two well-marked copies:
one copy of the document marked ``confidential'' including all the
information believed to be confidential, and one copy of the document
marked ``non-confidential'' with the information believed to be
confidential deleted. Submit these documents via email or on a CD, if
feasible. DOE will make its own determination about the confidential
status of the information and treat it according to its determination.
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 February 21, 2020.
Alexander N. Fitzsimmons,
Deputy Assistant Secretary for Energy Efficiency,Energy Efficiency and
Renewable Energy.
[FR Doc. 2020-07732 Filed 4-15-20; 8:45 am]
BILLING CODE 6450-01-P
