Energy Conservation Program: Test Procedure for Circulator Pumps, 57264-57301 [2022-19760]
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Federal Register / Vol. 87, No. 180 / Monday, September 19, 2022 / Rules and Regulations
10 CFR Parts 429 and 431
at (202) 287–1445 or by email:
ApplianceStandardsQuestions@
ee.doe.gov.
[EERE–2016–BT–TP–0033]
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF ENERGY
RIN 1904–AD77
Energy Conservation Program: Test
Procedure for Circulator Pumps
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) is establishing
definitions, a test procedure, sampling
and rating requirements, and
enforcement provisions for circulator
pumps. Currently, circulator pumps are
not subject to DOE test procedures or
energy conservation standards. DOE is
adopting a test procedure for measuring
the circulator energy index for circulator
pumps. The test method references the
relevant industry test standard. The
definitions and test procedures are
based on the recommendations of the
Circulator Pump Working Group, which
was established under the Appliance
Standards Rulemaking Federal Advisory
Committee.
DATES: The effective date of this rule is
October 19, 2022. Compliance with the
final rule will be mandatory for
representations of head, flow rate, driver
power input, circulator energy rating,
and circulator energy index made on or
after March 20, 2023. The incorporation
by reference of certain publications
listed in the rule is approved by the
Director of the Federal Register on
October 19, 2022.
ADDRESSES: The docket, which includes
Federal Register notices, public meeting
attendee lists and transcripts,
comments, and other supporting
documents/materials, is available for
review at www.regulations.gov. All
documents in the docket are listed in
the www.regulations.gov index.
However, some documents listed in the
index, such as those containing
information that is exempt from public
disclosure, may not be publicly
available.
A link to the docket web page can be
found at www.regulations.gov/docket/
EERE-2016-BT-STD-0004. The docket
web page contains instructions on how
to access all documents, including
public comments, in the docket.
For further information on how to
review the docket contact the Appliance
and Equipment Standards Program staff
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SUMMARY:
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Mr. Jeremy Dommu, U.S. Department
of Energy, Office of Energy Efficiency
and Renewable Energy, Building
Technologies Office, EE–2J, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 586–
9870. Email: ApplianceStandards
Questions@ee.doe.gov.
Ms. Amelia Whiting, U.S. Department
of Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue SW,
Washington, DC, 20585–0121.
Telephone: 202–586–2588. Email:
Amelia.Whiting@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
DOE incorporates by reference the
following industry standards into 10
CFR part 431:
HI 40.6–2021, ‘‘Methods for Rotodynamic
Pump Efficiency Testing’’.
HI 41.5–2022 ‘‘Hydraulic Institute Program
Guideline for Circulator Pump Energy Rating
Program’’.
Copies of HI 40.6–2021 and HI 41.5–
2022 can be obtained from the
Hydraulic Institute (‘‘HI’’) at 6 Campus
Drive, First Floor North, Parsippany, NJ
07054–4406, (973) 267–9700, or by
going to www.pumps.org.
For a further discussion of these
standards, see section IV.N of this
document.
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Final Rule
III. Discussion
A. General Comments
B. Scope and Definitions
1. CPWG Recommendations
2. Definition of Circulator Pump
3. Definition of Circulator Pump Varieties
4. Definition of Circulator-Less-Volute and
Header Pump
5. Definition of On-Demand Circulator
Pumps
6. Applicability of Test Procedure Based on
Pump Configurations
7. Basic Model
C. Rating Metric
D. Test Methods for Different Circulator
Pump Categories and Control Varieties
1. Definitions Related to Circulator Pump
Control Varieties
2. Reference System Curve
3. Pressure Control
4. Temperature Control
5. Manual Speed Control
6. External Input Signal Control
7. No Controls or Full Speed Test
E. Determination of Circulator Pump
Performance
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1. Incorporation by Reference of HI 40.6–
2021
2. Exceptions, Modifications and Additions
to HI 40.6–2021
3. Calculation and Rounding Modifications
and Additions
4. Rated Hydraulic Horsepower
F. Sampling Plan and Enforcement
Provisions for Circulator Pumps
1. Sampling Plan
2. Enforcement Provisions
G. Representations of Energy Use and
Energy Efficiency
H. Test Procedure Costs and
Harmonization
1. Test Procedure Costs and Impacts
2. Harmonization With Industry Standards
I. Compliance Date
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866
and 13563
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act of 1995
D. Review Under the National
Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General
Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal
Energy Administration Act of 1974
M. Congressional Notification
N. Description of Materials Incorporated by
Reference
V. Approval of the Office of the Secretary
I. Authority and Background
Pumps are included in the list of
‘‘covered equipment’’ for which DOE is
authorized to establish and amend
energy conservation standards and test
procedures. (42 U.S.C. 6311(1)(A))
Circulator pumps, which are the subject
of this final rule, are a category of
pumps. Circulator pumps generally are
designed to circulate water in
commercial and residential
applications. Circulator pumps do not
include dedicated-purpose pool pumps,
for which test procedures and energy
conservation standards are established
in title 10 of the Code of Federal
Regulations (‘‘CFR’’) part 431 subpart Y.
DOE has not previously established test
procedures or energy conservation
standards applicable to circulator
pumps. The following sections discuss
DOE’s authority to establish test
procedures for circulator pumps and
relevant background information
regarding DOE’s consideration of test
procedures for this equipment.
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A. Authority
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The Energy Policy and Conservation
Act, as amended (‘‘EPCA’’),1 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 C 2 of EPCA,
added by Public Law 96–619, Title IV,
section 441(a) (42 U.S.C. 6311–6317 as
codified) established the Energy
Conservation Program for Certain
Industrial Equipment, which sets forth a
variety of provisions designed to
improve energy efficiency. This
equipment includes pumps, the subject
of this document. (42 U.S.C. 6311(1)(A))
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. 6311), test procedures (42
U.S.C. 6314), labeling provisions (42
U.S.C. 6315), energy conservation
standards (42 U.S.C. 6313), and the
authority to require information and
reports from manufacturers (42 U.S.C.
6316; 42 U.S.C. 6296).
The Federal testing requirements
consist of test procedures that
manufacturers of covered equipment
must use as the basis for: (1) certifying
to DOE that their equipment complies
with the applicable energy conservation
standards adopted pursuant to EPCA (42
U.S.C. 6316(a); 42 U.S.C. 6295(s)), and
(2) making other representations about
the efficiency of that equipment (42
U.S.C. 6314(d)). Similarly, DOE must
use these test procedures to determine
whether the equipment complies with
relevant standards promulgated under
EPCA. (42 U.S.C. 6316(a); 42 U.S.C.
6295(s))
Federal energy efficiency
requirements for covered equipment
established under EPCA generally
supersede State laws and regulations
concerning energy conservation testing,
labeling, and standards. (42 U.S.C.
6316(a) and 42 U.S.C. 6316(b); 42 U.S.C.
6297) DOE may, however, grant waivers
of Federal preemption for particular
State laws or regulations, in accordance
with the procedures and other
provisions of EPCA. (42 U.S.C.
6316(b)(2)(D))
Under 42 U.S.C. 6314, EPCA sets forth
the criteria and procedures DOE must
1 All references to EPCA in this document refer
to the statute as amended through the Energy Act
of 2020, Public Law 116–260 (Dec. 27, 2020), which
reflect the last statutory amendments that impact
Parts A and A–1 of EPCA.
2 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A.
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follow when prescribing or amending
test procedures for covered products.
EPCA requires that any test procedures
prescribed or amended under this
section must be reasonably designed to
produce test results which reflect energy
efficiency, energy use or estimated
annual operating cost of a type of
covered equipment during a
representative average use cycle (as
determined by the Secretary) and
requires that test procedures not be
unduly burdensome to conduct. (42
U.S.C. 6314(a)(2))
Before prescribing any final test
procedures, 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)).
DOE is publishing this final rule in
accordance with the statutory authority
in EPCA.
B. Background
As stated previously in this
document, EPCA includes ‘‘pumps’’
among the industrial equipment listed
as ‘‘covered equipment’’ for the purpose
of Part A–1, although EPCA does not
define the term ‘‘pump.’’ (42 U.S.C.
6311(1)(A)) In a final rule published
January 25, 2016, DOE established a
definition for ‘‘pump,’’ associated
definitions, and test procedures for
certain pumps. 81 FR 4086 (‘‘January
2016 TP final rule’’). ‘‘Pump’’ is defined
as equipment designed to move liquids
(which may include entrained gases,
free solids, and totally dissolved solids)
by physical or mechanical action and
includes a bare pump and, if included
by the manufacturer at the time of sale,
mechanical equipment, driver, and
controls. 81 FR 4086, 4147; 10 CFR
431.462. Circulator pumps fall within
the scope of this definition.
While DOE has defined ‘‘pump’’
broadly, the test procedure established
in the January 2016 TP final rule is
applicable only to certain categories of
clean water pumps,3 specifically those
that are end suction close-coupled
(‘‘ESCC’’); end suction frame mounted/
own bearings (‘‘ESFM’’); in-line (‘‘IL’’);
radially split, multi-stage, vertical, inline casing diffuser (‘‘RSV’’); and
3 A ‘‘clean water pump’’ is a pump that is
designed for use in pumping water with a
maximum non-absorbent free solid content of 0.016
pounds per cubic foot, and with a maximum
dissolved solid content of 3.1 pounds per cubic
foot, provided that the total gas content of the water
does not exceed the saturation volume and
disregarding any additives necessary to prevent the
water from freezing at a minimum of 14 °F. 10 CFR
431.462.
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submersible turbine (‘‘ST’’) pumps with
the following characteristics:
• Flow rate of 25 gallons per minute
(‘‘gpm’’) or greater at best efficiency
point (‘‘BEP’’) at full impeller diameter;
• 459 feet of head maximum at BEP
at full impeller diameter and the
number of stages specified for testing;
• design temperature range from 14 to
248 °F;
• designed to operate with either: (1)
a 2- or 4-pole induction motor, or (2) a
non-induction motor with a speed of
rotation operating range that includes
speeds of rotation between 2,880 and
4,320 revolutions per minute (‘‘rpm’’)
and/or 1,440 and 2,160 rpm, and in
either case, the driver and impeller must
rotate at the same speed;
• 6-inch or smaller bowl diameter for
ST pumps;
• A specific speed less than or equal
to 5,000, when calculated using U.S.
customary units, for ESCC and ESFM
pumps;
• Except for: fire pumps; self-priming
pumps; prime-assist pumps; magnet
driven pumps; pumps designed to be
used in a nuclear facility subject to 10
CFR part 50, ‘‘Domestic Licensing of
Production and Utilization Facilities’’;
and pumps meeting the design and
construction requirements set forth in
any relevant military specifications. 4
10 CFR 431.464(a)(1); 81 FR 4086,
4148. The pump categories subject to
the current test procedures are referred
to as ‘‘general pumps’’ in this document.
As stated, circulator pumps are not
general pumps and therefore, are not
subject to the current pumps test
procedure.
DOE also published a final rule
establishing energy conservation
standards applicable to certain classes
of general pumps. 81 FR 4368 (Jan. 26,
2016) (‘‘January 2016 ECS final rule’’);
see also, 10 CFR 431.465.
The January 2016 TP final rule and
the January 2016 ECS final rule
implemented the recommendations of
the Commercial and Industrial Pump
Working Group (‘‘CIPWG’’) established
through the Appliance Standards
Rulemaking Federal Advisory
Committee (‘‘ASRAC’’) to negotiate
standards and a test procedure for
4 E.g., MIL–P–17639F, ‘‘Pumps, Centrifugal,
Miscellaneous Service, Naval Shipboard Use’’ (as
amended); MIL–P–17881D, ‘‘Pumps, Centrifugal,
Boiler Feed, (Multi-Stage)’’ (as amended); MIL–P–
17840C, ‘‘Pumps, Centrifugal, Close-Coupled, Navy
Standard (For Surface Ship Application)’’ (as
amended); MIL–P–18682D, ‘‘Pump, Centrifugal,
Main Condenser Circulating, Naval Shipboard’’ (as
amended); and MIL–P–18472G, ‘‘Pumps,
Centrifugal, Condensate, Feed Booster, Waste Heat
Boiler, And Distilling Plant’’ (as amended). Military
specifications and standards are available at https://
everyspec.com/MIL-SPECS.
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general pumps. (Docket No. EERE–
2013–BT–NOC–0039) The CIPWG
approved a term sheet containing
recommendations to DOE on
appropriate standard levels for general
pumps, as well as recommendations
addressing issues related to the metric
and test procedure for general pumps
(‘‘CIPWG recommendations’’). (Docket
No. EERE–2013–BT–NOC–0039, No. 92)
Subsequently, ASRAC approved the
CIPWG recommendations. The CIPWG
recommendations included initiation of
a separate rulemaking for circulator
pumps. (Docket No. EERE–2013–BT–
NOC–0039, No. 92, Recommendation
#5A at p. 2)
On February 3, 2016, DOE issued a
notice of intent to establish the
circulator pumps working group to
negotiate a notice of proposed
rulemaking (‘‘NOPR’’) for energy
conservation standards and a test
procedure for circulator pumps, if
possible, and to announce the first
public meeting. 81 FR 5658. The
members of the Circulator Pump
Working Group (‘‘CPWG’’) were selected
to ensure a broad and balanced array of
interested parties and expertise,
including representatives from
efficiency advocacy organizations and
manufacturers. Additionally, one
member from ASRAC and one DOE
representative were part of the CPWG.
81 FR 5658, 5660. Table I.1 lists the 15
members of the CPWG and their
affiliations.
TABLE I.1—ASRAC CIRCULATOR PUMP WORKING GROUP MEMBERS AND AFFILIATIONS
Member
Affiliation
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Charles White ..........................................
Gabor Lechner .........................................
Gary Fernstrom .......................................
Joanna Mauer ..........................................
Joe Hagerman .........................................
Laura Petrillo-Groh ..................................
Lauren Urbanek .......................................
Mark Chaffee ...........................................
Mark Handzel ..........................................
Peter Gaydon ..........................................
Richard Gussert .......................................
David Bortolon .........................................
Russell Pate ............................................
Don Lanser ..............................................
Tom Eckman ...........................................
Plumbing-Heating-Cooling Contractors Association.
Armstrong Pumps, Inc.
California Investor-Owned Utilities.
Appliance Standards Awareness Project.
U.S. Department of Energy.
Air-Conditioning, Heating, and Refrigeration Institute.
Natural Resources Defense Council.
TACO, Inc.
Xylem Inc.
Hydraulic Institute.
Grundfos Americas Corporation.
Wilo Inc.
Rheem Manufacturing Company.
Nidec Motor Corporation.
Northwest Power and Conservation Council (ASRAC member).
The CPWG commenced negotiations
at an open meeting on March 29, 2016,
and held six additional meetings to
discuss scope, metrics, and the test
procedure. The CPWG concluded its
negotiations for test procedure topics on
September 7, 2016, with a consensus
vote to approve a term sheet containing
recommendations to DOE on scope,
definitions, metric, and the basis of the
test procedure (‘‘September 2016 CPWG
Recommendations’’). The September
2016 CPWG Recommendations are
available in the CPWG docket. (Docket
No. EERE–2016–BT–STD–0004, No. 58)
The CPWG continued to meet to
address potential energy conservation
standards for circulator pumps. Those
meetings began on November 3–4, 2016,
and concluded on November 30, 2016,
with approval of a second term sheet
(‘‘November 2016 CPWG
Recommendations’’) containing CPWG
recommendations related to energy
conservation standards, applicable test
procedure, labeling and certification
requirements for circulator pumps.
(Docket No. EERE–2016–BT–STD–0004,
No. 98) ASRAC subsequently voted
unanimously to approve the September
and November 2016 CPWG
Recommendations during a December
2016 meeting. (Docket No. EERE–2013–
BT–NOC–0005, No. 91 at p. 2) 5
In a letter dated June 9, 2017, HI
expressed its support for the process
that DOE initiated regarding circulator
pumps and encouraged the publishing
of a NOPR and a final rule by the end
of 2017. (Docket No. EERE–2016–BT–
STD–0004, HI, No.103 at p. 1) In
response to an early assessment review
request for information (‘‘RFI’’)
published on September 28, 2020
regarding the existing test procedures
for general pumps (85 FR 60734,
‘‘September 2020 Early Assessment
RFI’’), HI commented that it continues
to support the recommendations from
the CPWG. (Docket No. EERE–2020–BT–
TP–0032, HI, No. 6 at p. 1) NEEA also
referenced the September 2016 CPWG
Recommendations and recommended
that DOE adopt test procedures for
circulator pumps in the pumps
rulemaking or a separate rulemaking.
(Docket No. EERE–2020–BT–TP–0032,
NEEA, No. 8 at p. 8)
On May 7, 2021, DOE published a RFI
related to test procedures and energy
conservation standards for circulator
pumps and small vertical in-line
pumps. 86 FR 24516 (‘‘May 2021 RFI’’).
Subsequently, DOE published a notice
of NOPR for the test procedure on
December 20, 2021, presenting DOE’s
proposals to establish a circulator pump
test procedure and requesting comment.
(the ‘‘December 2021 NOPR’’) 86 FR
72096. DOE held a public webinar
related to the December 2021 NOPR on
February 2, 2022.
DOE received comments in response
to the December 2021 NOPR from the
interested parties listed in Table I.1.
5 All references in this document to the approved
recommendations included in 2016 Term Sheets are
noted with the recommendation number and a
citation to the appropriate document in the CPWG
docket (e.g., Docket No. EERE–2016–BT–STD–0004,
No. #, Recommendation #X at p. Y). References to
discussions or suggestions of the CPWG not found
in the 2016 Term Sheets include a citation to
meeting transcripts and the commenter, if
applicable (e.g., Docket No. EERE–2016–BT–STD–
0004, [Organization], No. X at p. Y).
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TABLE I.1—LIST OF COMMENTERS WITH WRITTEN SUBMISSIONS IN RESPONSE TO THE DECEMBER 2021 NOPR
Commenter(s)
Reference in this
final rule
Docket number
New York State Energy Research and Development Authority.
Grundfos Americas Corporation .........................................
Appliance Standards Awareness Project, American Council for an Energy-Efficient Economy, Natural Resources
Defense Council.
Hydraulic Institute ................................................................
Pacific Gas and Electric Company, San Diego Gas and
Electric, and Southern California Edison.
Northwest Energy Efficiency Alliance .................................
NYSERDA ..............
EERE–2016–BT–TP–0033–0006
State.
Grundfos ................
Joint Advocates .....
EERE–2016–BT–TP–0033–0007
EERE–2016–BT–TP–0033–0008
Manufacturer.
Efficiency Organizations.
HI ...........................
CA IOUs ................
EERE–2016–BT–TP–0033–0009
EERE–2016–BT–TP–0033–0010
Trade Association.
Utilities.
NEEA .....................
EERE–2016–BT–TP–0033–0011
Efficiency Organization.
DOE also received a comment from
Kobel that was supportive but did not
address the substance of the proposals.
(Docket No. EERE–2016–BT–TP–0033–
0005) A parenthetical reference at the
end of a comment quotation or
paraphrase provides the location of the
item in the public record.6
II. Synopsis of the Final Rule
In this final rule, DOE is establishing
a test procedure in subpart Y to 10 CFR
part 431 that includes methods to (1)
measure the performance of the covered
equipment, and (2) use the measured
results to calculate a circulator energy
index (‘‘CEI’’) to represent the weighted
average electric input power to the
driver over a specified load profile,
normalized with respect to a circulator
pump serving the same hydraulic load
that has a specified minimum
performance level.7 The test procedure
and metric are similar in concept to the
test procedure and metric established in
subpart Y to 10 CFR part 431 for general
pumps.
DOE’s test method for circulator
pumps includes measurements of head,
flow rate, and driver power input, all of
which are required to calculate CEI, as
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6 The parenthetical reference provides a reference
for information located in the docket of DOE’s
rulemaking to develop test procedures for circulator
pumps. (Docket No. EERE–2016–BT–TP–0033,
which is maintained at www.regulations.gov). The
references are arranged as follows: (commenter
name, comment docket ID number, page of that
document).
7 The performance of a comparable pump that has
a specified minimum performance level is referred
to as the circulator energy rating.
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well as other quantities to characterize
the rated circulator pump performance
(e.g., pump power output (hydraulic
horsepower), speed, wire-to-water
efficiency). For consistent and uniform
measurement of these values, DOE is
incorporating the test methods
established in HI 40.6–2021, ‘‘Methods
for Rotodynamic Pump Efficiency
Testing,’’ with certain exceptions. In
order to specify methods to use the
measured results to calculate the
Circulator Energy Rating (‘‘CER’’) for
different circulator varieties, DOE is also
incorporating certain sections of HI
41.5–2022, ‘‘Hydraulic Institute Program
Guideline for Circulator Pump Energy
Rating Program.’’
DOE reviewed the relevant sections of
HI 40.6–2021 and HI 41.5–2022 and
determined that those sections will
produce test results that reflect the
energy efficiency, energy use, or
estimated operating costs of a circulator
pump during a representative average
use cycle. (42 U.S.C. 6314(a)(2)) DOE
also reviewed the burdens associated
with conducting the circulator pump
test procedure adopted in this final rule
and based on the results of such
analysis, found that the test procedure
would not be unduly burdensome to
conduct. (42 U.S.C. 6314(a)(2)) DOE’s
analysis of the burdens associated with
the test procedure is presented in
section III.H.1 of this document.
This final rule also establishes
requirements regarding the sampling
plan and representations for circulator
pumps at 10 CFR part 429 subpart B.
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Commenter type
The sampling plan requirements are
similar to those established for general
pumps. DOE also adopts provisions
regarding allowable representations of
energy consumption, energy efficiency,
and other relevant metrics
manufacturers may make regarding
circulator pump performance (as
discussed in section III.G of this
document).
The effective date for the amended
test procedures adopted in this final
rule is 30 days after publication of this
document in the Federal Register.
Manufacturers are not required to test
according to the DOE test procedure
until such time as compliance is
required with energy conservation
standards for circulator pumps, should
DOE establish such standards.
Manufacturers choosing to make
voluntary representations would be
required to test the subject circulator
pump according to the established test
procedure, and any such representations
would have to fairly disclose the results
of such testing.
III. Discussion
In this test procedure final rule, DOE
establishes test procedures and related
definitions for circulator pumps in
subpart Y of 10 CFR part 431, amends
10 CFR 429.59 to establish sampling
plans for this equipment, and
establishes enforcement provisions for
this equipment in 10 CFR 429.110 and
10 CFR 429.134. The requirements and
amendments are summarized in Table
III.1.
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TABLE III.1—SUMMARY OF TOPICS IN THIS TEST PROCEDURE FINAL RULE, THEIR LOCATION WITHIN THE CODE OF
FEDERAL REGULATIONS, AND THE APPLICABLE PREAMBLE DISCUSSION
Topic
Location in CFR
Summary of requirements
Applicable preamble
discussion
Definitions .................................
10 CFR 431.462 .....................
Sections III.B.2, III.B.3, III.B.4,
III.B.5, III.B.7, and III.D.1.
Test Procedure .........................
10 CFR 431.464 & Appendix
D.
Sampling Plan ..........................
10 CFR 429.59 .......................
Enforcement Provisions ...........
10 CFR 429.110 & 10 CFR
429.134.
Defines circulator pump as well as varieties
of circulator pumps and circulator pump
controls.
Establishes CEI as the metric for circulator
pumps, incorporate by reference HI 40.6–
2021, and provides additional instructions
for determining the CEI (and other applicable
performance
characteristics)
for
circulator pumps.
Specifies the minimum number of circulator
pumps to be tested to rate a basic model
and determination of representative values.
Establishes a method for determining compliance of circulator pump basic models.
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The following sections discuss DOE’s
specific regulations regarding circulator
pumps. Section III.B presents
definitions for categorizing and testing
of circulator pumps. Sections III.C, III.D,
III.E, and III.F discuss the metric, test
procedure, and certification and
enforcement provisions for tested
circulator pump models. Section III.G
discusses representations of energy use
and energy efficiency for circulator
pumps.
A. General Comments
In response to the December 2021
NOPR, several commenters expressed
general statements related to the
proposed test procedure. NYSERDA
stated that circulator pumps have a large
energy savings potential, as they are
commonly used in multifamily and
commercial buildings to reduce hot
water demand time for occupants, and
a test procedure that accurately
measures their energy use is vital to
measuring code impacts and meeting
New York’s greenhouse gas reduction
goals. NYSERDA added that the CPWG
developed a thorough set of
recommendations, including
definitions, outline of scope, and
proposed test procedure, that DOE
should implement. (NYSERDA, No. 6 at
p. 1) Joint Advocates supported the
CPWG recommendations along with the
changes proposed in the December 2021
NOPR, consistent with HI 41.5–2021,
which were based on stakeholder
feedback in response to the May 2021
RFI. (Joint Advocates, No. 8 at p. 1) CA
IOUs supported the proposed test
procedure for the CEI metric. (CA IOUs,
No. 10 at p. 1) And NEEA supported
DOE’s progress towards establishing a
test procedure and standard for
circulator pumps, stating that most
major manufacturers have been
prepared to meet a DOE standard since
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the CPWG concluded in 2016. (NEEA,
No. 11 at p. 1) ASAP stated that they
support the CPWG recommendations as
well as the proposed modification based
on stakeholder comments. (ASAP, No. 4
at p. 5)
HI stated that HI and its member
companies producing circulators have
continued the work of the CPWG since
2016, by publishing HI 41.5–2021. HI
explained that the industry-led program
has been implemented by manufacturers
with energy efficient circulators labeled
per the HI 41.5 program and listed on
the program website. (HI, No. 9 at p. 1)
As discussed in the following
sections, DOE is adopting a test
procedure generally consistent with the
procedure proposed in the December
2021 NOPR, and generally consistent
with the recommendations of the
CPWG.
B. Scope and Definitions
As discussed, in the January 2016 TP
final rule, DOE adopted a definition for
‘‘pump,’’ as well as definitions for other
pump component- and configurationrelated definitions. 81 FR 4086, 4090–
4094 (Jan. 25, 2016); see also 10 CFR
431.462. DOE recognized circulator
pumps as a category of pumps, but DOE
did not define ‘‘circulator pump.’’ 81 FR
4086, 4097.
In this final rule, DOE is establishing
a definition of circulator pump,
associated definitions for categories of
circulator pumps, as well as related
definitions for control varieties of
circulator pumps (see sections III.B.2,
III.B.3, III.B.4, III.B.5 and III.D.1 of this
final rule). These definitions are
necessary to establish the scope of
applicability of the circulator pump test
procedure. The scope of the test
procedure is discussed in section III.B.6
of this document.
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Sections III.C, III.D, and III.E.
Section III.F.1.
Section III.F.2.
1. CPWG Recommendations
The September 2016 Circulator Pump
Recommendations addressed the scope
of a circulator pumps rulemaking.
Specifically, the CPWG recommended
that the scope of a circulator pumps test
procedure and energy conservation
standards cover clean water pumps (as
defined at 10 CFR 431.462) distributed
in commerce with or without a volute 8
and that are one of the following
categories: wet rotor circulator pumps,
dry rotor close-coupled circulator
pumps, and dry rotor mechanicallycoupled circulator pumps. The CPWG
also recommended that the scope
exclude submersible pumps and header
pumps. 86 FR 24516, 24520; (Docket
No. EERE–2016–BT–STD–0004, No. 58,
Recommendations #1A, 2A and 2B at
pp. 1–2) The CPWG also recommended
several definitions relevant to scope, see
discussion in sections III.B.3 through
III.B.5. 86 FR 24516, 24520; (Docket No.
EERE–2016–STD–0004, No. 58,
Recommendation #2B, 3A, and 3B at pp.
2–3)
DOE notes that generally these
definitions recommended by the CPWG
rely on terms previously defined in the
January 2016 TP final rule, including
‘‘close-coupled pump,’’ ‘‘mechanicallycoupled pump,’’ ‘‘dry rotor pump,’’
‘‘single axis flow pump,’’ and
‘‘rotodynamic pump.’’ 81 FR 4086,
4146–4147; 10 CFR 431.462. In
addition, the recommended definition
for submersible pump is the same as
that already defined in a 2017 test
procedure final rule for dedicatedpurpose pool pumps (‘‘DPPP’’) (‘‘August
2017 DPPP TP final rule’’). 82 FR 36858,
36922 (August 7, 2017); 10 CFR 431.462.
DOE discusses the definitions of wet
rotor circulator pump; dry rotor, two8 Volutes are also sometimes referred to as a
‘‘housing’’ or ‘‘casing.’’
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piece circulator pump; dry rotor, threepiece circulator pump; and horizontal
motor in section III.B.3, header pump in
section III.B.4, and submersible pump in
section III.B.6 of this final rule.
2. Definition of Circulator Pump
In the December 2021 NOPR, DOE
proposed a definition of circulator
pump at 10 CFR 431.462 consistent with
the definition recommended by the
CPWG and informed by the standard
American National Standards Institute
(‘‘ANSI’’)/HI 1.1–1.2–2014 standard
(‘‘ANSI/HI 1.1–1.2–2014’’),
‘‘Rotodynamic Centrifugal Pumps for
Nomenclature and Definitions.’’ 86 FR
72096, 72101–72102. Specifically, DOE
proposed the following definition for
circulator pump:
Circulator pump is a pump that is
either a wet rotor circulator pump; a dry
rotor, two-piece circulator pump; or a
dry rotor, three-piece circulator pump.
A circulator pump may be distributed in
commerce with or without a volute.
Id. at 86 FR 72102.
DOE requested comment on the
proposed definition for circulator pump.
Id. In response to the December 2021
NOPR, HI, Grundfos, NEEA, and
NYSERDA agreed with the proposed
definition of circulator pumps. (HI, No.
9 at p. 3; Grundfos, No. 7 at p. 1; NEEA,
No. 11 at p. 2; NYSERDA, No. 6 at p.
1)
For the reasons discussed in the
December 2021 NOPR and in the
preceding paragraphs, in this final rule,
DOE adopts the definition of circulator
pump as proposed in the December
2021 NOPR.
The definitions of the pump
categories that comprise the scope of
‘‘circulator pump’’ are addressed in the
following section.
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3. Definition of Circulator Pump
Varieties
In the December 2021 NOPR, DOE
proposed to adopt definitions for wet
rotor circulator pump; dry rotor, twopiece circulator pump; and dry rotor,
three-piece circulator pump at 10 CFR
431.462 as recommended by the CPWG
and supported by stakeholder comments
in response to the May 2021 RFI. 86 FR
72096, 72102. The proposed definitions
are as follows:
Wet rotor circulator pump means a
single stage, rotodynamic, closecoupled, wet rotor pump. Examples
include, but are not limited to, pumps
generally referred to in industry as CP1.
Dry rotor, two-piece circulator pump
means a single stage, rotodynamic,
single-axis flow, close-coupled, dry
rotor pump that:
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(1) Has a rated hydraulic power less
than or equal to five horsepower at best
efficiency point at full impeller
diameter,
(2) Is distributed in commerce with a
horizontal motor, and
(3) Discharges the pumped liquid
through a volute in a plane
perpendicular to the shaft. Examples
include, but are not limited to, pumps
generally referred to in industry as CP2.
Dry rotor, three-piece circulator pump
means a single stage, rotodynamic,
single-axis flow, mechanically-coupled,
dry rotor pump that:
(1) Has a hydraulic power less than or
equal to five horsepower at best
efficiency point at full impeller
diameter,
(2) Is distributed in commerce with a
horizontal motor, and
(3) Discharges the pumped liquid
through a volute in a plane
perpendicular to the shaft. Examples
include, but are not limited to, pumps
generally referred to in industry as CP3.
Id. at 86 FR 72139.
In the December 2021 NOPR, DOE
also proposed a definition for horizontal
motor, consistent with the intent of the
CPWG:
Horizontal motor means a motor, for
which the motor shaft position when
functioning under operating conditions
specified in manufacturer literature,
includes a horizontal position.
Id. at 86 FR 72102.
DOE tentatively concluded that the
proposed modification to the horizontal
motor definition would provide
additional specificity but would not in
practice change the pumps currently
excluded from the IL pump definition
(and now proposed to be included in
the circulator pump definition) through
use of the term. Id.
DOE requested comment on the
proposed definition for horizontal
motor, including whether it met the
intent of the CPWG recommendation or
whether it would include other motors
not intended to be captured in the
definition. Id.
NYSERDA supported the definitions
of wet rotor circulator pump; dry rotor,
two-piece circulator pump; dry rotor,
three-piece circulator pump; and
horizontal motor, as recommended by
the CPWG. (NYSERDA, No. 6 at pp. 1–
2) HI and Grundfos agreed with the
proposed definition of horizontal motor
and stated that it meets the intent of the
CPWG. (HI, No. 9 at p. 3; Grundfos, No.
7 at p. 1) NEEA agreed also with the
proposed definition of horizontal motor
and stated the definition was consistent
with the intent of CPWG. (NEEA, No. 11
at p. 2)
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For the reasons discussed in the
December 2021 NOPR and in the
preceding paragraphs, in this final rule,
DOE adopts the definitions of wet rotor
circulator pump; dry rotor, two-piece
circulator pump; dry rotor, three-piece
circulator pump; and horizontal motor
as proposed in the December 2021
NOPR.
4. Definition of Circulator-Less-Volute
and Header Pump
In the December 2021 NOPR, DOE
discussed that some circulator pumps
are distributed in commerce as a
complete assembly with a motor,
impeller, and volute, while other
circulator pumps are distributed in
commerce with a motor and impeller,
but without a volute (herein referred to
as ‘‘circulators-less-volute’’). Some
circulators-less-volute are solely
intended to be installed in other
equipment, such as a boiler, using a cast
piece in the other piece of equipment as
the volute, while others can be installed
as a replacement for a failed circulator
pump in an existing system or newly
installed with a paired volute in the
field. 86 FR 72096, 72102; (Docket No.
EERE–2016–BT–STD–0004, No. 47 at
pp. 371–372; Docket No. EERE–2016–
BT–STD–0004, No. 70 at p. 99) The
CPWG recommended excluding
circulator pumps that are distributed in
commerce exclusively to be
incorporated into other OEM
equipment, such as boilers or pool
heaters. 86 FR 72096, 72103; (Docket
No. EERE–2016–BT–STD–0004, No. 74
at pp. 413–416)
As stated in the December 2021
NOPR, the CPWG suggested referring to
circulator-less-volute that are intended
solely for installation in another piece of
equipment and do not have a paired
volute that is distributed in commerce
as ‘‘header pumps,’’ and recommended
defining header pump as pump that
consists of a circulator-less-volute
intended to be installed in an [original
equipment manufacturer] ‘‘OEM’’ piece
of equipment that serves as the volute.
86 FR 72096, 72103; (Docket No. EERE–
2016–BT–STD–0004, No. 74 at pp. 384–
386; No. 58 Recommendation #2B at p.
2)
The CPWG recommended that for
header pumps distributed in commerce
with regulated equipment, DOE should
consider modifying the test procedure
and metric for such regulated
equipment during the next round of
applicable rulemakings to account for
the energy use of header pumps in a
modified metric. For header pumps
distributed in commerce with nonregulated equipment, the CPWG
recommended that DOE should consider
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test procedures and standards for such
pumps or equipment at a later date.
(Docket No. EERE–2016–BT–STD–0004,
No. 58 Non-Binding Recommendation
to the Secretary #2 at p. 10); 86 FR
72096, 72103.
In the December 2021 NOPR, DOE
tentatively agreed that a circulator-lessvolute designed solely for use as a
component in a separate piece of
equipment should be distinguished
from a circulator-less-volute generally.
To provide a distinction between a
circulator-less-volute and a header
pump, DOE proposed to add additional
detail within the definition of header
pump recommended by the CPWG and
to add a definition of circulator-lessvolute to be mutually exclusive from the
definition of a header pump. These
definitions proposed by DOE are as
follows:
lotter on DSK11XQN23PROD with RULES2
Header pump means a circulator pump
distributed in commerce without a volute
and for which a paired volute is not
distributed in commerce. Whether a paired
volute is distributed in commerce will be
determined based on published data,
marketing literature, and other publicly
available information.
Circulator-less-volute means a
circulator pump distributed in
commerce without a volute and for
which a paired volute is also distributed
in commerce. Whether a paired volute
is distributed in commerce will be
determined based on published data,
marketing literature, and other publicly
available information.
86 FR 72096, 72103.
DOE requested comment on the
proposed definitions of header pump
and circulator-less-volute. Id. DOE also
tentatively concluded that requiring
testing of header pumps using a
reference volute, as required in EU
Regulation No 622/2012, may result in
a rating that is not representative of its
energy use in the equipment for which
it is designed, and that assessing header
pump energy use within broader
equipment categories in which they are
embedded, such as boilers, may be more
appropriate. As such, DOE did not
propose to include header pumps in the
scope of the test procedure, nor did it
propose a test method for them. Id.
In response to the December 2021
NOPR, NYSERDA supported the
definition of header pump as
recommended by the CPWG.
(NYSERDA, No. 6 at p. 2) HI and NEEA
agreed with the proposed definitions of
header pump and circulator-less-volute.
(HI, No. 9 at p. 3; NEEA, No. 11 at p.
2)
Grundfos agreed with the proposed
definition of circulator-less-volute but
stated that header pumps should be
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included in this definition and covered
by the circulator-less-volute testing
requirements. (Grundfos, No. 7 at p. 1)
Additionally, Grundfos noted that the
CPWG’s basis for excluding header
pumps was because an OEM specific
volute was not available for testing.
Grundfos commented that header
pumps are generally the same as
standard circulator-less-volutes in the
market and that representative volutes
already exist or can be created by
manufacturers. Grundfos stated that
DOE should require that header pumps
be tested like circulators-less-volute,
except that the manufacturer determines
the volute to be used and make this
volute available for testing on the open
market so that all interested parties can
purchase and test the pump in the same
manner it was certified. Grundfos noted
that allowing header pumps to exist on
the market without testing creates a
loophole that can be exploited to avoid
meeting the test standard and efficiency
standard requirements. (Grundfos, No. 7
at p. 4)
While Grundfos has suggested a
method for testing header pumps, DOE
observes that the suggested method
would increase burden on
manufacturers by requiring creation of
volutes that may not be used in
commerce (given that header pumps are
intended solely for installation in
another piece of equipment) and
requiring them to be available for testing
on the open market. Additionally, by
requiring testing with volutes for which
the application is only for equipment
testing, the suggested method would not
be representative of an average use.
Grundfos did not address DOE’s
tentative determination regarding lack
of representativeness of testing header
pumps with reference volutes. As such,
in this final rule, DOE adopts the
definitions of header pump and
circulator-less-volute as proposed in the
December 2021 NOPR and is not
including header pumps within the
scope of the test procedure nor adopting
a test method for header pumps.
5. Definition of On-Demand Circulator
Pumps
In the December 2021 NOPR, DOE
stated that on-demand circulator pumps
are designed to maintain hot water
supply within a temperature range by
activating in response to a signal, such
as user presence. 86 FR 72096, 72104.
Discussion during CPWG meetings
suggested that the purpose of
recommending a definition for ondemand circulator pumps would be to
allow for the possibility of considering
them as a separate equipment class with
a different standard level, while still
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applying the metric and test procedure
to them. (Docket No. EERE–2016–BT–
STD–0004–0069, p. 199)
The CPWG discussed that on-demand
controls do not reduce the speed of the
pump, but rather reduce the hours of
use. Pumps with on-demand controls
could also have speed controls, which
the recommended metric would
capture. (Docket No. EERE–2016–BT–
STD–0004–0069, pp. 172–173) In
addition, CPWG members discussed
that the extent to which time-based
controls are used is unknown (Id. at p.
176), and that rather than attempting to
capture it in the metric, utility programs
could consider prescriptive rebates
associated with these controls. (Id. at p.
178) In addition, CPWG members
suggested that legionella concerns
would limit the application of ondemand controls.9 (Id. at pp. 195–196)
DOE notes that neither HI 41.5–2021
nor HI 41.5–2022 address on-demand
circulator pumps. DOE proposed to
define on-demand circulator pump at 10
CFR 431.462 consistent with the
definition recommended by the CPWG,
as follows:
On-demand circulator pump means a
circulator pump that is distributed in
commerce with an integral control that:
• Initiates water circulation based on
receiving a signal from the action of a
user [of a fixture or appliance] or
sensing the presence of a user of a
fixture and cannot initiate water
circulation based on other inputs, such
as water temperature or a pre-set
schedule.
• Automatically terminates water
circulation once hot water has reached
the pump or desired fixture.
• Does not allow the pump to operate
when the temperature in the pipe
exceeds 104 °F or for more than 5
minutes continuously.
86 FR 72096, 72104.
DOE did not propose to exclude ondemand circulator pumps from the
scope of the test procedure or to develop
a credit for such controls in the
December 2021 NOPR. DOE noted that
if on-demand circulator pumps are
equipped with other controls that
reduce speed, they may be tested
according to the relevant test methods
rather than using the no controls test. Id.
DOE stated that it would consider
whether standards were appropriate for
this equipment in a future energy
conservation standards rulemaking. Id.
DOE requested comment on its
proposal to include on-demand
circulator pumps within the scope of
9 As discussed in the transcript, situations where
water is stagnant and the temperature drops can
result in growth of legionella.
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this test procedure. DOE also requested
data and information that would justify
a CEI credit for on-demand circulator
pumps. 86 FR 72096, 72104.
Joint Advocates supported inclusion
of on-demand controls but noted that
the energy savings benefits of reduced
run time would not be directly captured
by the test procedure. Joint Advocates
explained that on-demand controls have
the potential to reduce energy
consumption in water recirculation
applications. Joint Advocates
encouraged DOE to consider options to
promote the adoption of on-demand
controls that reduce energy
consumption by reducing circulator
pump run-time. (Joint Advocates, No. 8
at p. 3)
CA IOUs supported DOE’s proposed
definition of the on-demand circulator
pump product class, in particular that a
product must be exclusively an ondemand circulator and should not
support additional control modes
typical of other circulator products (e.g.,
constant pressure), or support bypass
functionality, ensuring that users
receive consistent run-hour reduction
benefits relative to conventional
products. (CA IOUs, No. 10 at p. 2) CA
IOUs stated they aim to encourage
widespread market adoption in the
domestic hot water sector, in part by
maintaining the cost benefit to
consumers of this product. CA IOUs
included an analysis of potential costs
and benefits to a consumer when
applying a 1.0 CEI requirement, which
would imply an electrically
commutated motor (‘‘ECM’’). CA IOUs
stated that, based on their analysis, cost
is the largest influencing factor of
consumer payback, followed by runtime
hours, with CEI as the least influential
factor.10 Based on this, CA IOUs
encouraged DOE to develop a
methodology for on-demand circulator
products that does not require the ECM
level unless lifecycle cost effectiveness
can be demonstrated. (CA IOUs, No. 10
at pp. 3–5). CA IOUs stated that baseline
operating hours of a domestic hot water
circulator product is 6,400 hours per
year and the on-demand product is
instead 92, a ratio of 0.014. CA IOUs
encouraged DOE to develop a CEI score
for circulator products that
demonstrates the substantial energy
savings available and allows for field
representative lifecycle cost-benefit
calculations. (CA IOUs, No. 10 at p. 5)
NEEA recommended that DOE require
testing circulator pumps at full speed
but provide a CEI credit for circulator
10 CA IOUs also included a discussion regarding
potential economics for consumers with electric
water heaters versus natural gas water heaters.
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pumps intended for domestic hot water
recirculation equipped with run-hour
controls. NEEA stated that eliminating
unnecessary operation at no cost of
convenience or performance to
customers, is the most significant
method to reduce circulator energy
consumption. NEAA added that
ignoring this factor misses an important
opportunity for energy conservation and
fails to communicate energy savings to
the market. NEEA commented that a CEI
credit is the most effective strategy to
convey this factor to consumers. (NEEA,
No. 11 at pp. 1–2)
Additionally, NEEA stated that
efficient run hour controls include
temperature (i.e., aquastat), on-demand,
learning, or a combination of timer and
temperature run-hour controls. NEEA
noted that the Regional Technical
Forum’s circulator measure workbook
contains calculations about the potential
energy savings from run-hour controls
on domestic hot water circulators, and
that according to this analysis, run-hour
controls reduce energy consumption by
50 percent to 99 percent. NEEA stated
that the CEI credit should accurately
reflect the energy savings reduction
from each control type. However, NEEA
commented that savings from learningbased controls are less well-proven in
the field, and that there is concern that
timer-based controls can be overridden
or set to a high number of hours to avoid
homeowner complaints. But NEEA
noted also that their research indicates
that timer-controls are relatively
consistently applied. (NEEA, No. 11 at
p. 4) NEEA suggested that there should
be different CEI credits for different
control types, especially on-demand and
temperature-based, due to differences
between commercial and residential
applications. (NEEA, No. 11 at pp. 4–5)
NEEA recommended that rating
equipment with applicable run hours
controls should be optional so as to
represent an opportunity rather than a
burden, especially for manufacturers of
equipment with on-demand controls
that cannot operate without them, to
potentially comply with future
standards without redesigning the
motor. NEEA stated that circulators that
can only be operated with on-demand
controls represent a small portion of the
market but are very efficient due to
extremely low run hours and increasing
the efficiency of the pump and motor
would likely not be cost effective. NEEA
stated that an appropriate CEI credit
could allow such equipment to remain
on the market at a cost-competitive
price point, which may increase their
adoption and lead to more overall pump
and hot water savings. (NEEA, No. 11 at
p. 5)
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NEEA stated that in order for the CEI
credit to not represent a loophole in the
standard, DOE must calibrate the credit
to ensure it provides a comparable and
meaningful metric compared to the
hydronic heating controls currently
proposed in the test procedure, and
require rating with the most
consumptive control available, such that
the mere availability of run-hour
controls (or other efficient controls) do
not circumvent the desired efficiency of
the standard. NEEA suggested that DOE
consider the relative run hours of
hydronic heating versus domestic hot
water installations, as temperaturebased run-hour controls may run a
similar number of hours as hydronic
heating controls and a significant credit
may not be warranted. (Id.)
NEEA noted that the CEI credit
concept was not discussed in the CPWG
nor approved in the term sheet, and that
an appropriate credit and certification
system may take time to develop and
implement. NEEA stated that, while
DOE could make a reasonable proposal
now, the addition of special treatment
for run-hours-controls-equipped
circulators could be considered in the
future with more opportunity for
discussion and input. In this case,
NEEA recommended that on demand
circulators not be exempted and be
covered by the applicable test procedure
and any future standard to provide
consistency for manufacturers and the
market. (NEEA, No. 11 at p. 5)
HI agreed with the proposed
definition of on-demand circulator
pump and inclusion of on-demand
circulating pump within the scope of
the test procedure. However, HI stated
that domestic hot water circulators
come with several intermittent control
methods, including temperature and
timer, that all provide reduced energy
consumption versus a circulator under
continuous operation. HI stated that as
DOE only identified on-demand
controls in the December 2021 NOPR,
DOE should not consider credits for
them. HI stated that in future
rulemakings DOE should consider
creating a category and test procedure
calculations for intermittent controlled
domestic hot water circulator pumps
that define an average use case for this
new category of pumps, including
operating hours and load points. (HI,
No. 9 at p. 3) Grundfos stated that
inclusion of on-demand circulator
pumps is warranted but commented
similarly to HI regarding the other
control methods that were not included,
recommending that these categories
should be included in a separate
rulemaking. (Grundfos, No. 7 at p. 1)
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After reviewing and considering all
the comments on on-demand circulator
pumps, DOE is adopting a definition for
on-demand circulator pumps and a
scope of applicability for the test
procedure that includes on-demand
circulator pumps, as proposed. DOE is
not adopting a CEI credit for on-demand
circulators in this rulemaking. Such a
credit was not discussed by the CPWG,
nor proposed in the NOPR. As noted by
the commenters, development of further
information as to the prevalence,
variety, and operation of on-demand
controls is likely needed. Accordingly,
DOE is not addressing a CEI credit for
on-demand circulator pumps in this
final rule. In response to the comments
from CA IOUs and NEEA, DOE will
consider the appropriate scope and
product categories for standards for ondemand circulators in a separate energy
conservation rulemaking.
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6. Applicability of Test Procedure Based
on Pump Configurations
In the December 2021 NOPR, DOE
proposed that the test procedure would
be applicable to circulator pumps that
are clean water pumps, including
circulators-less-volute and on-demand
circulator pumps, and excluding header
pumps and submersible pumps (as
recommended by the CPWG). DOE
requested comment on the proposed
scope. 86 FR 72096, 72105.
NEEA agreed with the proposed scope
of applicability. (NEEA, No. 11 at p. 2)
NYSERDA supported the proposed test
procedure scope, specifically as limited
to clean water pumps, consistent with
the scope of general pumps. (NYSERDA,
No. 6 at p. 2) HI agreed with the
proposed scope of applicability to
exclude header pumps and submersible
pumps but include circulator-lessvolute pumps. (HI, No. 9 at p. 4) Joint
Advocates supported exclusion of
header pumps. (Joint Advocates, No. 8
at p. 1)
Grundfos agreed that submersible
pumps should be excluded but stated
that header pumps should be included.
(Grundfos, No. 7 at p. 1)
As discussed in section III.B.4 of this
document, DOE continues to have
concerns about the representativeness of
including header pumps in the scope of
the test procedure and, therefore, is not
including them in scope.
For the reasons discussed in the
December 2021 NOPR and in the
preceding paragraphs, in this final rule,
DOE is adopting the scope as proposed
in the December 2021 NOPR.
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7. Basic Model
In the course of regulating consumer
products and commercial and industrial
equipment, DOE has developed the
concept of a ‘‘basic model’’ to determine
the specific product or equipment
configuration(s) to which the
regulations would apply. For the
purposes of applying the proposed
circulator pump regulations, DOE
proposed to rely on the definition of
‘‘basic model’’ as currently defined at 10
CFR 431.462. 86 FR 72096, 72105. DOE
stated that application of the current
definition of ‘‘basic model’’ would allow
manufacturers of circulator pumps to
group similar models within a basic
model to minimize testing burden,
while ensuring that key variables that
differentiate circulator pump energy
performance or utility are maintained as
separate basic models. Id. As proposed,
manufacturers would be required to test
only a representative number of units of
a basic model in lieu of testing every
model they manufacture. Id. As
proposed, individual models of
circulator pumps would be permitted to
be grouped under a single basic model,
so long as all grouped models have the
same representative energy
performance, which is representative of
the least efficient or most consumptive
unit. Id.
Specifically, for pumps, DOE’s
existing definition of basic model is as
follows:
Basic model means all units of a given
class of pump manufactured by one
manufacturer, having the same primary
energy source, and having essentially
identical electrical, physical, and
functional (or hydraulic) characteristics
that affect energy consumption, energy
efficiency, water consumption, or water
efficiency; and, in addition, for pumps
that are subject to the standards
specified in 10 CFR 431.465(b), the
following provisions also apply:
(1) All variations in numbers of stages of
bare RSV and ST pumps must be considered
a single basic model;
(2) Pump models for which the bare pump
differs in impeller diameter, or impeller trim,
may be considered a single basic model; and
(3) Pump models for which the bare pump
differs in number of stages or impeller
diameter, and which are sold with motors (or
motors and controls) of varying horsepower
may only be considered a single basic model
if:
(i) For ESCC, ESFM, IL, and RSV pumps,
each motor offered in the basic model has a
nominal full load motor efficiency rated at
the Federal minimum (see the current table
for NEMA Design B motors at § 431.25) or the
same number of bands above the Federal
minimum for each respective motor
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horsepower (see Table 3 of appendix A to
subpart Y of this part); or
(ii) For ST pumps, each motor offered in
the basic model has a full load motor
efficiency at the default nominal full load
submersible motor efficiency shown in Table
2 of appendix A to subpart Y of this part or
the same number of bands above the default
nominal full load submersible motor
efficiency for each respective motor
horsepower (see Table 3 of appendix A to
subpart Y of this part).
10 CFR 431.462.
In the December 2021 NOPR, DOE
stated that only the general provisions
of the basic model definition would be
applicable to circulator pumps and no
additional provisions specific to
circulator pumps would be necessary.
86 FR 72096, 72106. DOE requested
comment on the proposed applicability
of the definition of ‘‘basic model’’ at 10
CFR 431.462 to circulator pumps and
any characteristics unique to circulator
pumps that may necessitate
modifications to that definition. Id.
HI and Grundfos agreed that the main
paragraph of the basic model definition
is accurate for circulator pumps, but
stated that DOE should explicitly
exclude parts 1, 2, and 3 of the
definition. (HI, No. 9 at p. 4; Grundfos,
No. 7 at p. 2)
As discussed in the December 2021
NOPR, provisions (1)–(3) of the basic
model definition would not apply to
circulator pumps based on the nature of
how circulator pumps are designed and
distributed in commerce. 86 FR 72096,
72106. Therefore, DOE does not need to
exclude these provisions explicitly and
instead applies the existing definition of
‘‘basic model’’ at 10 CFR 431.462 to
circulator pumps, consistent with the
application of that definition to
dedicated-purpose pool pumps, for
which provisions (1)–(3) would also not
be applicable due to lack of variation in
stages and impeller trims within a pump
model.
C. Rating Metric
In the December 2021 NOPR, DOE
proposed to adopt the CEI metric as the
performance-based metric for
representing the energy performance of
circulator pumps, as defined in equation
(1), and consistent with Section 41.5.3.2
of HI 41.5–2021. 86 FR 72096, 72107.
DOE noted that while HI 41.5–2021
defines the denominator as CERREF,
DOE believed that the terminology
CERSTD is more reflective of the Federal
energy conservation standards. Id. Any
standards considered for any circulator
pumps for which the CEI is applicable
would use this metric as a basis for the
standard level.
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Where:
CER = circulator energy rating (hp); and
CERSTD = circulator energy rating for a
minimally compliant circulator pump
serving the same hydraulic load.
Id.
In the December 2021 NOPR, DOE
stated that the CPWG specified a
method for determining the
denominator of the metric with
procedures to determine the minimally
compliant overall efficiency at the
various test points based on the
hydraulic performance of the rated
circulator pump. 86 FR 72096, 72106;
(Docket No. EERE–2016–BT–STD–0004,
No. 98 Recommendations #1 and 2A–D
at pp. 1–4). As discussed, the
denominator would represent the
energy efficiency of a circulator pump
that is minimally compliant with the
applicable energy conservation
standard, should DOE establish such a
standard. Were DOE to conduct a
rulemaking to propose energy
conservation standards for circulator
pumps, DOE would discuss in detail the
derivation of the denominator, as well
as an analysis as required by EPCA to
evaluate any such standard level to
determine the level designed to achieve
the maximum improvement in energy
efficiency that is technologically
feasible and economically justified, as
required under EPCA.11 DOE noted that
the recommended method for
determining the denominator relies on
the hydraulic horsepower of the rated
circulator pump, which was also
discussed in the December 2021 NOPR.
86 FR 72096, 72106–72107.
DOE requested comment on its
proposal to adopt CEI as the metric to
characterize the energy use of certain
circulator pumps and on the proposed
equation for CEI. Id. at 86 FR 72107.
HI, Grundfos, NEEA, and NYSERDA
supported adoption of CEI. (HI, No. 9 at
p. 5; Grundfos, No. 7 at p. 2; NEEA, No.
11 at p. 2; NYSERDA, No. 6 at p. 2)
NYSERDA noted that CEI is consistent
with HI 41.5–2021, developed by CPWG
members based on the approved CPWG
term sheet, and supported by a variety
of stakeholders. (NYSERDA, No. 6 at p.
2) DOE notes that HI 41.5–2022 has the
same definition of CEI as HI 41.5–2021.
11 For more information on any energy
conservation standard rulemaking for circulator
pumps, see Docket No. EERE–2016–BT–STD–0004.
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For the reasons discussed in the
December 2021 NOPR and in the
preceding paragraphs, in this final rule,
DOE adopts CEI as the metric to
characterize the energy use of circulator
pumps and the equation for CEI as
proposed in the December 2021 NOPR.
D. Test Methods for Different Circulator
Pump Categories and Control Varieties
In the December 2021 NOPR, DOE
stated that many circulator pumps are
sold with a variable speed drive and
controls (i.e., logic or user interface)
with various control strategies that
reduce the required power input at a
given flow rate to save energy. The
primary varieties of control
recommended by the CPWG include
manual speed controls, pressure
controls, temperature controls, and
external input signal controls. (Docket
No. EERE–2016–BT–STD–0004, No. 58
Recommendations #4 at p. 4) For the
test procedure to produce results that
reflect variations in energy consumption
associated with the various control
strategies that could be implemented in
a circulator pump, the CPWG
recommended that DOE establish
different test methods for each control
variety in the circulator test procedure.
86 FR 72096, 72107; (Docket No. EERE–
2016–BT–STD–0004, No. 58
Recommendations #6A and #6B at pp.
4–6).
Section III.D.1 discusses DOE’s
definitions for each of these circulator
pump control varieties.
Section III.D.2 discusses the reference
system curve that serves as a basis for
rating each variety of circulator pump
controls.
Sections III.D.3 through III.D.7 discuss
the specific test provisions for pressure
controls, temperature controls, manual
speed controls, external input signal
controls, and no controls,12
respectively.
In response to the December 2021
NOPR, NEEA stated that they agreed
with the proposed procedures for
specific circulator types and control
methods. (NEEA, No.11 at p. 2) Joint
Advocates stated that they support the
use of unique test point weights for
12 In this document, circulator pumps with ‘‘no
controls’’ are also inclusive of other potential
control varieties that are not one of the specifically
identified control varieties. See section III.D.7 of
this document.
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different control types. (Joint Advocates,
No. 8 at p. 1)
In the December 2021 NOPR, DOE
considered incorporating HI 41.5–2021,
‘‘Hydraulic Institute Program Guideline
for Circulator Pump Energy Rating
Program,’’ which provides additional
instructions for testing circulator pumps
to determine an Energy Rating value for
different circulator pump control
varieties. DOE tentatively determined
not to directly incorporate HI 41.5–
2021. Unlike HI 40.6–2021, which is an
industry test standard, HI 41.5–2021 is
a guideline for participation in an
industry program and includes many
provisions not relevant to DOE.
However, DOE preliminarily
determined that its proposed test
methods and calculations that
supplement the proposed incorporation
by reference of HI 40.6–2021, as
discussed in sections III.D and III.E.2.c
of this document, were consistent with
HI 41.5–2021. 86 FR 72096, 72099.
In response to the December 2021
NOPR, HI requested that DOE
incorporate by reference appropriate
sections of HI 41.5–2021, instead of
restating the requirements in the test
procedure, noting support from
additional stakeholders in response to
the May 2021 RFI. (HI, No. 9 at p. 1) HI
stated that this will reduce testing
burden by eliminating confusion
between DOE’s test procedure and HI’s
standard and will significantly simplify
and shorten the regulatory text language
in appendix D. HI stated that many of
DOE’s requests for comment in the
December 2021 NOPR were fully
covered by HI 41.5, and slight changes
by DOE could cause confusion in the
market while not being beneficial to
energy efficiency. (HI, No. 9 at pp. 1–2).
HI did not recommend that DOE
incorporate by reference HI 41.5 in full,
but rather that DOE incorporate a table
summarizing the appropriate Section of
HI 41.5–2021 for each control method,
and by referencing the appropriate
Section of HI 41.5–2021 in each
applicable section of the regulatory text.
(HI, No. 9 at pp. 2–3).
Grundfos stated that DOE should
incorporate HI 41.5–2021, Table 41.5.3
into appendix D, similar to Table 1 in
appendix A, to clarify what testing is
required based on the control method(s)
of a circulator pump and to directly
reference HI 41.5–2021 for testing
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procedures instead of recreating the
language within the test procedure
itself. (Grundfos, No .7 at p. 7)
NEEA also disagreed that DOE is not
able to adopt HI 41.5–2021 directly.
NEEA stated that while HI 41.5–2021 is
a rating guide for HI’s Energy Rating
program for circulators, it also contains
the necessary test provisions for
circulators and is identical to the test
procedure DOE proposed. As such,
NEEA found this proposal in the
December 2021 NOPR to be confusing
and burdensome for manufacturers and
the market, as manufacturers have
invested in testing and rating circulators
according to HI 41.5–2021 and labeling
equipment accordingly. NEEA noted
that if there are minor difference
between DOE’s proposal and HI 41.5–
2021, retesting might be required to
ensure compliance without
substantively affecting the efficiency of
the equipment or the overall test result.
NEEA stated that it would be more
simple and less confusing to have just
one test procedure for CEI. NEEA
recommended that DOE reference the
appropriate sections in HI 41.5–2021,
rather than writing each section out in
full. (NEEA, No. 11 at pp. 2–3) NEEA’s
suggestions for references are consistent
with those provided by HI.
Following publication of the
December 2021 NOPR, HI released a
new version of HI 41.5, HI 41.5–2022
‘‘Hydraulic Institute Program Guideline
for Circulator Pump Energy Rating
Program’’. In this version of the industry
guideline, HI corrected errors in certain
test methods, provided additional
specificity regarding certain provisions,
and removed provisions specific to the
HI Energy Rating program. These
changes are discussed in the following
subsections. Having considered
comments suggesting that adding
additional regulatory text would be
confusing and burdensome, and due to
the changes made in HI 41.5–2022, DOE
is incorporating by reference HI 41.5–
2022, adopting only sections specific to
the test methods for control modes as
requested by stakeholders. This
limitation of the reference addresses
DOE’s concerns about the inclusion of
provisions not relevant to DOE.
In the December 2021 NOPR, DOE
proposed that manufacturers could
select the control variety used for testing
if the circulator pump model is
distributed in commerce with multiple
control varieties, which DOE expected
would typically be the least
consumptive control mode. However,
DOE proposed that manufacturers may
select multiple control varieties with
which to test their circulator pumps and
noted that DOE would address
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certification requirements in any future
energy conservation standard
rulemaking.13 DOE requested comment
on this proposal. 86 FR 72096, 72108.
Joint Advocates stated that when
given the option to choose a control
variety for rating, it is expected that
most manufacturers would choose the
least consumptive control curve, so in
practicality there would be little
difference between the ‘‘manufacturerselected’’ and the ‘‘least-consumptive’’
control methods. Joint Advocates stated
that requiring additional reporting of
ratings representing the ‘‘mostconsumptive’’ control method may
encourage adoption of energy efficient
options and would better inform
purchases. (Joint Advocates, No. 8 at p.
3)
Joint Advocates and CA IOUs noted
that the HI labeling program requires
testing of the most and least
consumptive control modes. (Joint
Advocates, No. 8 at p. 3; CA IOUs, No.
10 at p. 1) CA IOUs added that
manufacturers are intended to compete
primarily on the least consumptive
control mode, that most manufacturers
are participating, and that therefore
manufacturers will have test data in
hand for both most and least
consumptive control modes. (CA IOUs,
No. 10 at pp. 1–2)
CA IOUs agreed with DOE’s reasoning
that the least consumptive control mode
is where the products are most easily
differentiated from each other and is
representative of the circulator product
performance in the field under a variety
of scenarios. CA IOUs noted that there
would be no need for DOE to specify
least consumptive prescriptively and
supported the proposal that
manufacturers select the control mode
to be tested. (CA IOUs, No. 10 at p. 2)
CA IOUs recommend that DOE
require reporting of the most
consumptive product performance
values and reporting of the control type
used for certification rating (i.e., least
consumptive). CA IOUs noted that the
most consumptive control mode data is
a direct indication of product
mechanical performance at the CEI
rating load points, unlike the least
consumptive mode which also assesses
the control system’s performance. (Id.)
CA IOUs also noted that the control
scheme used can have a considerable
influence on the results of the CEI rating
at the least consumptive control
method, so the CA IOUS recommended
that control scheme used as part of
rating should be reported in a
13 For more information on any energy
conservation standard rulemaking for circulator
pumps, see Docket No. EERE–2016–BT–STD–0004.
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supplemental information field. CA
IOUs recommended that adaptive
pressure controls have a unique control
classification as part of the rating. (Id.)
NEEA recommended that DOE require
testing in the most consumptive control
strategy, likely full speed, and set the
performance standard at efficiency level
(‘‘EL’’) 1.5 (i.e., a nominally lower
efficiency level than the EL2
recommended by the CPWG). NEEA
stated that the intent of a DOE standard
and the CPWG recommendation is to
raise the performance of all circulators
in commerce to a minimum threshold,
which should be one to be powered by
electrically commutated (‘‘EC’’) motors.
NEEA stated that the proposed test
procedure requires circulators to be
capable of reaching the required
efficiency level but allows equipment to
operate below the rated efficiency when
installed. NEEA stated that this
approach is not an appropriate
regulatory mechanism nor is it
representative of how circulators are
operated in the market. Therefore,
NEEA recommended testing in the most
consumptive control strategy. (NEEA,
No. 11 at p. 2) NEEA added that nonguaranteed performance would
discourage utility circulator energy
conservation programs. (NEEA, No. 11
at p. 7) NEEA stated that a DOE
standard based on the most
consumptive control setting creates a
baseline above which utilities can
incentivize increased performance, such
as using the least consumptive control
setting. (NEEA, No. 11 at p. 9)
NEEA stated that it believed the
CPWG intent was for all circulator
pumps sold in commerce to be
equipped with either an EC motor or
advanced controls. NEEA stated that by
using least consumptive as the standard,
installers would have the option to
choose between controls that meet
DOE’s standard and controls that do not.
NEEA stated that it did not believe that
the least consumptive setting available
is representative of how circulators with
multiple control strategies will be
installed, and that at this time
information on what is representative is
not available (NEEA, No. 11 at p. 6)
NEEA commented that not all EC
motors meet EL 2 (the level
recommended by the CPWG), and as
such EL 1.5 might be appropriate when
paired with a most consumptive
requirement (which would tend to
produce lower ratings for a given
circulator pump model). NEEA stated
that if DOE allows manufacturers to
choose the control setting, then EL2 is
appropriate. (NEEA, No. 11 at p. 7)
NEEA stated that testing in the most
consumptive setting and using EL 1.5 as
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= [o.s *
controls), or whether certain
information related to the control mode
used for testing would be required as
part of certification, would be addressed
in an energy conservation standard
rulemaking.
1. Definitions Related to Circulator
Pump Control Varieties
In the December 2021 NOPR, DOE
proposed to define external input signal
control, manual speed control, pressure
control, and temperature control as
recommended by the CPWG and
consistent with HI 41.5–2021:
• Manual speed control means a
control (variable speed drive and user
interface) that adjusts the speed of a
driver based on manual user input.
• Pressure control means a control
(variable speed drive and integrated
logic) that automatically adjusts the
speed of the driver in response to
pressure.
• Temperature control means a
control (variable speed drive and
integrated logic) that automatically
adjusts the speed of the driver
continuously over the driver operating
speed range in response to temperature.
• External input signal control means
a variable speed drive that adjusts the
speed of the driver in response to an
input signal from an external logic and/
or user interface.
86 FR 72096, 72108–72109.
DOE also proposed to define adaptive
pressure control as follows:
Adaptive pressure control means a
pressure control that continuously senses the
head requirements in the system in which it
is installed and adjusts the control curve of
the pump accordingly.
DOE requested comment on this definition.
86 FR 72096, 72109.
In response, HI suggested
modifications to the proposed definition
and stated that adaptive pressure
control pumps do not always operate
continuously. HI proposed the following
definition:
Adaptive pressure control means a
pressure control that senses the head
requirements in the system in which it
is installed and adjusts the pump
control curve accordingly.
(HI, No. 9 at p. 4)
Grundfos agreed with the suggested
modification detailed by HI. (Grundfos,
No. 7 at p. 2)
(-Q-) + 0.2] *
In this final rule, for the reasons
discussed in the December 2021 NOPR,
DOE adopts the definitions for external
input signal control, manual speed
control, pressure control, and
temperature control as proposed in the
December 2021 NOPR. For the reasons
discussed in the NOPR, and in order to
capture controls that do not always
operate continuously, as identified by
HI and Grundfos, DOE is adopting the
definition for adaptive pressure control
as recommended by HI and Grundfos.
2. Reference System Curve
In the December 2021 NOPR, DOE
stated that all recommended test
methods for circulator pump control
varieties, which involve variable speed
control of the circulator pump, specify
test points with respect to a
representative system curve. 86 FR
72096, 72109. That is, for circulator
pumps with manual speed controls,
pressure controls, temperature controls,
or external input signal controls, a
reference system curve is implemented
to be representative of the speed
reduction that is possible in a typical
system to provide representative results.
Id. For circulator pumps with no
controls, no reference system is required
as measurements are taken at various
test points along a pump curve at
maximum speed only. Id.
Such a reference system curve
describes the relationship between the
head and the flow at each test point in
a typical system. Additionally, a
reference system curve that is
representative of a typical system in
which circulator pumps are installed
may also allow for the differentiation of
control varieties to be reflected in the
resulting ratings. DOE proposed to
incorporate a quadratic reference system
curve as recommended by the CPWG
and consistent with HI 41.5–2021,
which includes this reference curve in
each of the individual control test
methods (sections 41.5.3.4.2 #3d,
41.5.3.4.3 #2, 41.5.3.4.4.1 #2,
41.5.3.4.4.2 #2, and 41.5.3.4.5 #2d). Id.
The proposed reference system curve
intersects the BEP and has a static offset
of 20 percent of BEP head, as shown in
equation (2).
2
H100%
Q100%
(2)
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the standard allows DOE to increase the
standard in future circulator
rulemakings, which would be difficult
based on least consumptive settings.
(NEEA, No .11 at p. 9)
NEEA also recommended that DOE
allow manufacturers to test in another
control setting of their choosing to
represent the range of efficiency
available in a product to the market, and
that the CEI of the most consumptive
control strategy and any other CEI be
reported to DOE and included on the
circulator nameplate. (NEEA, No. 11 at
p. 6) NEEA stated that multiple ratings
would support the market in adopting
energy efficient options and
technologies beyond the minimum
threshold set by the standard. NEEA
noted that manufacturers already
support testing in most consumptive
control setting through the HI Energy
Rating program. (NEEA, No. 11 at p. 8)
HI stated that, for DOE compliance,
the manufacturer should be able to
select any control mode that results in
a compliant rating. (HI, No. 9 at p. 4)
Grundfos agreed that the manufacturer
should be allowed to select the control
method tested. However, Grundfos
stated that reporting of the control
method used, and the actual parameters
of the testing need to be addressed in
detail in the circulator efficiency
standard. Grundfos gave as an example,
where a user can adjust setpoints for
maximizing their system, this should be
detailed in reporting to DOE, so
repeatability of testing is possible.
(Grundfos, No. 7 at p. 2)
DOE is adopting provisions in section
2.2 of appendix D to allow
manufacturers to use the DOE test
procedure to test any control variety
available on a given circulator pump
model, as proposed in the December
2021 NOPR. In response to NEEA’s
recommendation that DOE require
testing in the most consumptive control
strategy, DOE notes that circulator
pumps may be sold with multiple
control varieties, and DOE has
determined that consumers may benefit
from having access to CEI ratings at full
speed and with various control options.
Whether compliance with any standard
established, should energy conservation
standards be established, would be
based on a specific control mode (or no
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Where:
H = the pump total head (ft),
Q = the flow rate (gpm),
Q100% = flow rate at 100 percent of BEP flow
(gpm), and
H100% = pump total head at 100 percent of
BEP flow (ft).
86 FR 72096, 72109–72110.
DOE received no comments on the
proposed reference system curve. As
noted in section II, DOE is incorporating
by reference sections of HI 41.5–2022
for each control mode test method,
which include the reference curve
equation, and is the same as HI–41.5–
2021. As such, DOE is adopting the
proposed reference curve through
reference to HI 41.5–2022 and is not
CER
=
establishing an additional section in its
test procedure specifying the reference
curve as applicable to all test methods.
As such, DOE adopts the curve as
described in Equation 2 and proposed in
the December 2021 NOPR. Pressure
Control.
In the December 2021 NOPR, DOE
proposed a test method for circulator
pumps with pressure controls consistent
with the method included in HI 41.5–
2021 and deviating from that proposed
by the CPWG. 86 FR 72096, 72111–
72112. Specifically, DOE proposed that
circulator pumps with pressure controls
be tested at test points of 25, 50, 75, and
100 percent of BEP flow based on a
manufacturer-selected control curve that
is available to the end user, must
produce a head equal to or greater than
25 percent of BEP head at a minimum
of one test point, and must achieve 100
percent BEP flow of the reference curve.
Id. at 86 FR 72112. DOE proposed that
such the test points may be obtained
based on automatic speed adjustment,
manual speed adjustment, or simulated
pressure signal, or a combination of
these adjustments, including throttling.
Id. Additionally, DOE proposed that the
CEI for circulator pumps with pressure
controls be calculated with the unique
weights and test points as shown in
equation (3):
Li wi(Pin,i)
lotter on DSK11XQN23PROD with RULES2
Where:
CER = circulator pump energy rating (hp);
wi = weight of 0.05, 0.40, 0.40, and 0.15 at
test points of 25, 50, 75, and 100 percent
of BEP flow, respectively;
Pin,i = power input to the driver at each test
point i (hp); and
i = test point(s), defined as 25, 50, 75, and
100 percent of the flow at BEP.
Id. at 86 FR 72110.
Additionally, in a deviation from
CPWG recommendations and based on
stakeholder comments on the May 2021
RFI and the contents of HI 41.5–2021,
DOE stated that it agreed with
commenters that it is important for the
test method to capture the variety of
pressure controls on the market, and
that correction back to the reference
curve would prevent any unfair
advantage among the variety of controls
on the market. Id. at 86 FR 72112. DOE
requested comment on the proposed test
method for circulator pumps with
pressure controls. Id.
Joint Advocates supported the
proposed update, consistent with HI
41.5–2021, relating to pressure control
system test points, stating that they
understand that many programmed
control curves were not testable under
the older methodology because the
control systems of some circulator
pumps may operate at head pressures
below the reference curve provided in
HI 41.5–2018. Referring to the proposed
update and the contents of HI 41.5–
2021, Joint Advocates added that they
understand that the power correction
back to the reference curve assumes a
constant pump efficiency, is valid, and
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does not give an arbitrary advantage to
products using this assumption. (Joint
Advocates, No. 8 at p. 2) Grundfos
stated that DOE should not recreate
language from HI 41.5 and instead point
to HI 41.5.3.4.2 for testing circulator
pumps with pressure controls.
(Grundfos, No. 7 at p. 2)
In the December 2021 NOPR, DOE
stated that it was aware of some
circulator pumps that are equipped with
user-adjustable pressure controls such
that the maximum and minimum head
values on the control curve can be set
to specifically match the system into
which the pump is being installed. 86
FR 72096, 72112. DOE’s interpretation
of HI 41.5–2021 was that these types of
controls are not addressed in the
industry standard. To test such controls,
DOE proposed that the maximum and
minimum head values on useradjustable pressure controls may be
adjusted, if possible, to coincide with a
maximum head value at the pump’s BEP
and a minimum head value equivalent
to 20 percent of the BEP head value
(consistent with the static offset of the
proposed reference system curve). Id. If
only the maximum or minimum head
value can be adjusted, DOE proposed
that only the adjustable setting would be
adjusted. In either case, DOE also
proposed that the settings can be
adjusted for testing only if they are
adjustable by the user. Id. DOE stated
that this proposed methodology would
result in the most representative
performance of such adjustable controls
by preventing the testing of specifically
tuned control options that would not be
PO 00000
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Fmt 4701
Sfmt 4700
representative of likely field
performance. Id. DOE noted that further
adjustment to attain 100 percent of BEP
head would be required. Id.
In summary, for adjustable pressure
controls with user-adjustable maximum
and/or minimum head values, DOE
proposed to allow one-time manual
adjustment of the maximum and/or
minimum control curve head values, as
applicable, to coincide with a maximum
head value at the pump’s BEP and a
minimum head value equivalent to 20
percent of the BEP head value with all
subsequent test points taken along the
adjusted control curve. DOE requested
comment on whether specific test
provisions for circulator pumps
equipped with user-adjustable pressure
controls are needed, and if so, on the
proposed provisions for such pumps. Id.
Joint Advocates supported DOE’s
approach to testing user-adjustable
controls, noting that DOE’s
interpretation of HI 41.5–2021 is that
these controls are not addressed in the
industry standard. Joint Advocates
stated that, importantly, DOE’s proposal
states that settings can only be adjusted
for testing if they are adjustable by the
user, which would prevent testing of
specifically tuned control options that
are not representative. (Joint Advocates,
No. 8 at pp. 2–3)
HI and Grundfos stated that circulator
pumps with user-adjustable pressure
controls are addressed in HI 41.5–2021
in section 41.5.3.4.2 and should be
tested accordingly. (HI, No. 9 at pp. 4–
5; Grundfos, No. 7 at p. 2) HI noted that
no special provisions or alternative test
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methods are needed. (HI, No. 9 at p. 5)
Grundfos added that DOE should
properly collect this adjustment data
through reporting for repeatable testing.
(Grundfos, No. 7 at p. 2)
Upon review of HI 41.5–2021, DOE
finds that its proposals in the December
2021 NOPR related to adjustable
pressure controls are a more specific
implementation of the requirements for
pressure controls in section 41.5.3.4.2
#3. Specifically, user-adjustable controls
allow the user to create a control curve,
and the control curve created by
adjusting the maximum and/or
minimum head values must be available
to the end user, produce a head equal
to or greater than 25 percent of BEP
head at a minimum of one test point,
and achieve 100 percent BEP flow of the
reference curve. While DOE’s proposal
has more specificity that could increase
repeatability, DOE notes that all of
DOE’s proposed test methods for the
various speed control varieties, as well
as the methods in HI 41.5–2022, allow
some discretion by the manufacturer
with regard to exactly which settings to
use. As such, DOE is not adopting its
proposal specific to user-adjustable
controls, and, in response to Grundfos,
DOE will address certification reporting
requirements related to control curve
settings in a separate rulemaking.
In the December 2021 NOPR, DOE
stated that adaptive pressure controls
are installed in similar applications as
pressure controls but can also be
effective at reducing the head and flow
provided in single-zone systems to
adjust for typical pump oversizing.
Also, due to the ability of adaptive
pressure controls to measure and
automatically adjust to the system
requirements over time, adaptive
pressure controls can result in
optimized performance and energy use
as compared to pressure-based controls.
86 FR 72096, 72112.
Consistent with HI 41.5–2021, for
adaptive pressure controls, DOE
proposed to test at each test point at the
minimum thresholds for head noted in
the manufacturer literature or the head
values specified along the reference
system curve, whichever is greater. In
addition, although not included in HI
41.5–2021, DOE also proposed that if
the pump does not have a manual
control mode available, the speed would
be adjusted based on the pressure
control mode with the lowest head at
each load point, and if the selected
pressure control results in a head value
below the reference system curve, the
pump would be throttled to achieve a
head value at or above the reference
system curve. 86 FR 72096, 72114.
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DOE requested comment on the
proposed test methods for circulator
pumps with adaptive pressure controls,
and, in particular, on the proposed
provisions not included in HI 41.5–
2021, including for pumps without a
manual control mode, whether
throttling should be allowed to achieve
head above the reference system curve,
or instead head should be allowed
below the reference system curve and
adjusted back to the curve, as with other
non-adaptive pressure controls. DOE
also requested comment on the HI 41.5–
2021 provision for manual adjustment
to achieve 100 percent BEP flow and
head point at max speed, which is not
included for other pressure controls. Id.
Joint Advocates supported the
proposed test methodology for adaptive
pressure controls as a reasonable
approach, while encouraging DOE in the
future to gather field data related to realworld operating points. (Joint
Advocates, No. 8 at p. 2)
HI and Grundfos stated that HI 41.5–
2021 treats adaptive pressure controls
with the same methodology as all
pressure controls, and that section
41.5.3.4.2 #4 is a subset of the pressure
testing methodology and not a
standalone test methodology. (HI, No. 9
at p. 5; Grundfos, No. 7 at p. 2) HI added
that it would be rare that the circulator
BEP would be outside of the adaptive
controls operating area, so the difference
between throttling and adjusting back to
the curve would not be an issue, unless
the BEP is outside the control area. HI
stated that a pump without manual
speed adjustment would still allow use
of a throttling equivalent (as noted in
section 41.5.3.4.2 #2b) to get back to the
BEP flow, which can then be corrected
back to BEP on the reference curve. (HI,
No. 9 at p. 5)
In response to HI and Grundfos, DOE
notes that HI 41.5–2021 contained
discrepancies with regard to the
methodology in section 41.5.3.4.2 #4
(adaptive pressure controls) compared
to #2 and #3 (all pressure controls).
Specifically, #4 only allows manual
speed adjustment, while #2 also allows
throttling and simulated pressure signal.
In addition, #4 requires head values to
be above the reference curve, while #3
does not require this. In the recent
publication of HI 41.5–2022, HI
included several updated to section
41.5.3.4.2 that address DOE’s proposals
related to adaptive pressure controls,
specifically removing the identified
discrepancies, so that #4 now provides
additional testing provisions for
adaptive pressure controls, but not
conflicting provisions. This update
indicates that the provision requiring
adaptive pressure controls to achieve
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57277
head values at or above the reference
curve was erroneous.
In addition, HI 41.5–2022 has moved
the contents of section 41.5.3.4.2 #5,
which discussed the choice and
reporting of factory control curves
specific to the HI Energy Rating
Program, but not necessary for conduct
of the test method, to a separate section
of the guideline. As such, DOE will
reference the entire section.
For these reasons, DOE is adopting
the test method for pressure speed
controls by referencing HI 41.5–2022
section 41.5.3.4.2. As noted, this test
method contains some differences from
the test method proposed by DOE in
that it does not include specific
provisions for user-adjustable controls,
which DOE has determined are not
necessary, and that it has revised the
test method for adaptive pressure
controls to be more consistent with the
test method for pressure controls in
general, while providing necessary
additional specifications. The overall
test method for pressure controls in HI
41.5–2022 section 41.5.3.4.2 in general
is consistent with that proposed in the
December 2021 NOPR. DOE has
determined that the revised test method
for adaptive pressure controls will
produce representative results for such
equipment and would not be unduly
burdensome to conduct.
3. Temperature Control
Temperature controls are controls that
automatically adjust the speed of the
variable speed drive in the pump
continuously over the operating speed
range to respond to a change in
temperature of the operating fluid in the
system. Typically, temperature controls
are designed to achieve a fixed
temperature differential between the
supply and return lines and adjust the
flow rate through the system by
adjusting the speed to achieve the
specified temperature differential.
Similar to pressure controls,
temperature controls are also designed
primarily for hydronic heating
applications. However, temperature
controls may be installed in single- or
multi-zone systems and will optimize
the circulator pump’s operating speed to
provide the necessary flow rate based on
the heat load in each zone. Unlike
pressure controls, there are no
minimum head requirements inherent
to the temperature control, so
temperature controls have the potential
to use the least amount energy to serve
a given load. 86 FR 72096, 72114.
The CPWG recommended that for
circulator pumps distributed in
commerce with temperature controls,
PERCIRC should be calculated in the
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same way and with the same weights as
for pressure controls, as shown in
equation (4). (Docket No. EERE–2016–
BT–STD–0004, No. 58 Recommendation
#6A at pp. 4–5)
In the December 2021 NOPR, DOE
tentatively determined that the CPWG
recommendation for temperature
controls would allow for temperature
controls to be tested in a way that
captures the potential energy savings
from this control variety without being
overly burdensome for manufacturers to
conduct. Therefore, DOE proposed to
adopt the recommendations of the
CPWG to test temperature controls
based on manual speed adjustment or
with simulated temperature signal to
activate the temperature-based control
to achieve the test point flow rates with
a head at or above the reference system
curve. Additionally, DOE proposed to
use the weights and test points shown
in equation (4) of the December 2021
NOPR (equation (3) in this final rule) for
circulator pumps distributed in
commerce with temperature controls.
DOE requested comment on the
proposed test methods, test points, and
weights for circulator pumps with
temperature controls. 86 FR 72096,
72115.
Joint Advocates supported testing of
temperature controls as recommended
by the CPWG. (Joint Advocates, No. 8 at
p. 1) HI agreed with the proposed
testing of temperature controls but
noted that the terminology in the
equations should be updated to reflect
CEI and CER. (HI, No. 9 at p. 6)
Grundfos agreed with the temperature
control testing but stated that DOE
should directly reference HI 41.5.3.4.3
instead of recreating this language
within the test procedure. (Grundfos,
No. 7 at p. 3)
In response to HI, DOE notes that the
regulatory text proposed in section V.C
of appendix D reflected CER
terminology. 86 FR 72096, 72144. This
proposed regulatory text, which DOE
based on the test procedure from HI
41.5–2021, is consistent with the
content of HI 41.5–2022. DOE adopts
the test method for temperature controls
as proposed, but instead of including
regulatory text, DOE is referencing HI
41.5–2022 section 41.5.3.4.3, as
requested by stakeholders. This section
is consistent with the regulatory text
proposed in the NOPR, and as such does
not representative a substantive change.
4. Manual Speed Control
In the December 2021 NOPR, DOE
proposed to test circulator pumps with
manual speed controls consistent with
the provisions in Section 41.5.3.4.5 of
HI 41.5–2021, as follows: (1) the tested
control must produce head equal to or
greater than 25 percent of BEP head at
a minimum of one test point (HI 41.5–
2021 section 41.5.3.4.5 #2a), and (2) the
control curve setting being evaluated
must achieve 100 percent BEP flow of
the reference curve (HI 41.5–2021
section 41.5.3.4.5 #2b). DOE also
proposed that the CER be calculated as
the weighted average of Pin,max and
Pin,reduced, as shown in equations (5), (6),
and (7):
(5)
Pin_max = weighted average input power at
maximum rotating speed of the
circulator (hp), as specified in equation
(6);
Where:
CER = circulator pump energy rating (hp);
zmax = speed factor weight of 0.75;
p.inmax
=L
~
W·
1max
zreduced = speed factor weight of 0.25; and
Pin_reduced = weighted average input power at
reduced rotating speed of the circulator
(hp), as specified in equation (7).
(P-m,imax
· )
(6)
wi_max = 0.25;
Pin,i_max = power input to the driver at
maximum rotating speed of the
~
L
W·
1reduced
(P-m,ireduced
·
)
lotter on DSK11XQN23PROD with RULES2
(7)
Where:
Pin_reduced = weighted average input power at
reduced speeds of the circulator (hp);
wi_reduced = 0.3333;
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Pin,i_reduced = power input to the driver at
reduced rotating speed of the circulator
pump at each test point i (hp); and
i = test point(s), defined as 25, 50, and 75
percent of the flow at BEP of max speed.
86 FR 72096, 72115–72116.
PO 00000
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Additionally, in a deviation from
CPWG recommendations and based on
stakeholder comments on the May 2021
RFI and the contents of HI 41.5–2021,
DOE did not propose that all test points
E:\FR\FM\19SER2.SGM
19SER2
ER19SE22.022</GPH>
-
inreduced -
ER19SE22.021</GPH>
p.
circulator pump at each test point i (hp);
and
i = test point(s), defined as 25, 50, 75, and
100 percent of the flow at BEP.
ER19SE22.020</GPH>
Where:
Pin_max = weighted average input power at
maximum speed of the circulator (hp);
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Federal Register / Vol. 87, No. 180 / Monday, September 19, 2022 / Rules and Regulations
on a control curve must exist above the
reference curve. DOE noted that HI
41.5–2021 section 41.5.3.4.5 #3 still
retained that provision, which DOE
assumed to be an error based on HI’s
comments and recommendations in
response to the May 2021 RFI. 86 FR
72096, 72116.
DOE tentatively determined that the
proposed test methods for manual speed
control circulator pumps are
appropriate and representative, as they
account for the likelihood that a
circulator pump with manual speed
controls will be installed and operated
at maximum speed, but also accounts
for the potential energy savings
associated with reduced speed
operation. 86 FR 72096, 72116. DOE
requested comment on the proposed test
method and the unique test points,
weights, and speed factors for circulator
pumps distributed in commerce with
manual speed controls. Id. at 86 FR
72117.
Grundfos continued to state, as it did
in response to the May 2021 RFI, that
manual speed control should not be a
separate test method, as the devices are
typically operated 75 percent of the time
at full speed, and a manufacturer could
benefit by adding alternate speeds that
are never used. Grundfos suggested that
if manual speed testing is maintained, a
CEI value should be required for each
setting available to consumers so that
consumers can understand the true
efficiency. (Grundfos, No. 7 at p. 3)
As discussed in the December 2021
NOPR, the CPWG addressed the issues
raised by Grundfos in discussing how
the test points at maximum speed were
designed to represent the performance
at maximum speed and account for
operation at maximum speed the
majority of the time, while the test
points at reduced speed allowed some
‘‘credit’’ for being able to reduce speed.
86 FR 72096, 72116; (Docket No. EERE–
2016–BT–STD–0004, No. 70 at p. 201–
202) The CPWG concluded that about
75 percent of the time, circulator pumps
with manual speed controls are
operated at maximum speed, as
reflected in its recommended procedure.
(Docket No. EERE–2016–BT–STD–0004,
No. 71 at p. 377) For these reasons, DOE
proposed to include manual speed
control as a test method in the circulator
pump test procedure. 86 FR 72096,
72116. Grundfos did not add additional
information in their comment in
response to the December 2021 NOPR,
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and as such DOE is adopting a test
method for circulator pumps with
manual speed control in this final rule.
DOE will address Grundfos’ suggestion
for CEI ratings for multiple settings in a
separate certification rulemaking.
Joint Advocates supported testing
manual controls with test point
weightings as recommended by the
CPWG and using updated testing
methodology consistent with HI 41.5–
2021, for the same reasons discussed for
pressure controls. (Joint Advocates, No.
8 at p. 1–2) HI supported the proposed
testing for manual controls but noted
that the terminology in the equations
should be updated to reflect CEI and
CER. (HI, No. 9 at p. 6) Grundfos stated
that DOE should directly reference HI
41.5.3.4.5, instead of recreating this
language within the test procedure.
(Grundfos, No. 7 at p. 3)
In the December 2021 NOPR, DOE
noted that HI 41.5–2021 section
41.5.3.4.5 #3 includes a provision for
head to be at or above the reference
curve, as originally recommended by
the CPWG, which DOE assumed to be
an error based on HI’s comments and
recommendations in response to the
May 2020 RFI. DOE also noted that the
introductory text of HI 41.5–2021
section 41.5.3.4.5 specifies that the test
method applies to manual speed
control, which can be operated without
an external input signal, but DOE stated
it believed this provision is superfluous
as manual speed controls by definition
do not require an external input signal.
86 FR 72096, 72116–72117. DOE did not
include these provisions in its proposed
test method for manual speed control.
DOE did not receive comments
specifically related to these issues, but
in the recent publication of HI 41.5–
2022, the provisions that DOE assumed
to be erroneous have been removed. In
response to HI’s comments, the
proposed regulatory text regarding the
manual speed control test method did
reflect CEI and CER; HI 41.5–2022 also
reflects this terminology.
DOE also notes that in the proposed
regulatory text for manual speed
controls, DOE proposed that the control
curve must be available to the end user.
86 FR 72096, 72142. This provision was
not specified in HI 41.5–2021 but has
been added to HI 41.5–2022. DOE has
determined that this requirement will
improve the representativeness of CEI
ratings for circulator pumps with
manual speed controls as it will prevent
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57279
manufacturers from rating with speeds
that cannot be used in the field. The
remainder of the provisions in HI 41.5–
2022 section 41.5.3.4.5 are consistent
with DOE’s proposals and with HI 41.5–
2021.
For these reasons, DOE adopts the test
method for manual speed control as
proposed in the NOPR but is referencing
HI 41.5–2022 section 41.5.3.4.5 instead
of including regulatory text. This
section is consistent with the regulatory
text proposed in the NOPR, and as such
does not representative a substantive
change.
5. External Input Signal Control
In the December 2021 NOPR, DOE
proposed to specify a test method for
circulator pumps sold only with
external input signal control and that
cannot operate without an external
input signal. 86 FR 72096, 72118.
Specifically, DOE proposed to test along
the reference system curve to achieve
the test point flow rates with a head at
or above the reference curve, and that
CEI would be calculated as shown in
equation (2) of the December 2021
NOPR (equation (1) in this final rule).
Id. DOE also proposed that the speed of
the pump could be adjusted using either
manual speed adjustment or with a
simulated external signal to achieve the
specified flow rates. Id. at 86 FR 72141.
DOE also proposed to test circulator
pumps sold with external input signal
controls along with other controls, or
which can be operated without an
external input signal control, both: (1)
along the maximum speed circulator
pump curve to achieve the test point
flow rates for the max speed input
power values and (2) with speed
adjustment that will achieve a head at
or above the reference system curve at
the test point flow rates for the reduced
speed input power values. DOE
proposed that in either case, either
manual speed adjustment or simulated
external input signal can be used to
achieve the relevant flow rates. DOE did
not propose that the speed adjustment
include the ‘‘lowest speed setting’’ that
results in a head value at or above the
reference system curve, as
recommended by the CPWG; however,
DOE addressed this issue in its
enforcement provision proposals.
Finally, DOE proposed that the CEI
should be calculated as the weighted
average of Pin,max and Pin,reduced, as shown
in equations (8), (9), and (10).
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(8)
Pin_max = weighted average input power at
maximum rotating speed of the
circulator pump (hp);
zreduced = speed factor weight of 0.70; and
Where:
CER = circulator pump energy rating (hp);
zmax = speed factor weight of 0.30;
p.inmax
'W·
=L
1max
Pin_reduced = weighted average input power at
reduced rotating speed of the circulator
(hp).
(P-m, ·max )
1
(9)
wi_max = 0.25;
Pin,i_max = power input to the driver at
maximum rotating speed of the
Where:
Pin_max = weighted average input power at
maximum speed of the circulator (hp);
p.inreduced --
'W·
L
1reduced
circulator pump at each test point i (hp);
and
i = test point(s), defined as 25, 50, 75, and
100 percent of the flow at BEP.
(P-m, ·reduced )
1
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14 Delta T and temperature controls refer to the
same type of control. As discussed in the next
paragraph, DOE believes this is an error.
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selected in response to some measured
variable (e.g., temperature, pressure, or
boiler fire rate) is not integral to the
circulator as distributed in commerce.
Instead, it is part of another control
system, such as a building management
system or a boiler control system.
(Docket No. EERE–2016–BT–STD–0004,
No. 72 at p. 83–84); 86 FR 72096, 72115.
DOE also noted that the test method
recommended by the CPWG and in HI
41.5–2021 for circulator pumps with
external input signal controls only and
that cannot operate without an external
signal control is the same as the test
method for circulator pumps with
temperature control. 86 FR 72096,
72115. However, the CPWG
recommended, and HI 41.5–2021
included, a different test method for
external input signal controls with other
control varieties or that can be operated
without external input signal control.
Id. The CPWG asserted that if external
input signal control is one of multiple
options available on a circulator pump,
or the pump is able to operate without
an external input signal, it is less likely
that the external input signal control
option is going to be utilized since it
requires external logic and equipment in
order to operate properly. (Docket No.
EERE–2016–BT–STD–0004, No. 72 at
pp. 216–218, 229); 86 FR 72096, 72117.
The CPWG recommended testing
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DOE requested comment on the
proposed test method and the unique
test points, weights, and speed factors
for circulator pumps distributed in
commerce with external input signal
controls. 86 FR 72096, 72118. In
particular, DOE requested comment on
whether manual speed adjustment and/
or simulated external input signal are
appropriate for testing circulator pumps
with external input signal only, as well
as circulator pumps with external input
signal in addition to other control
varieties. Id. DOE also sought comment
on whether it is necessary to reference
the ‘‘lowest speed setting’’ when
determining the appropriate test points.
Id. Finally, DOE sought comment on
whether the test points and weights for
circulator pumps distributed in
commerce with external input signal
control in addition to other control
varieties are appropriately reflective of
their energy consumption in the field
relative to other control varieties. Id.
In response, Grundfos stated that
delta T and temperature control test
methods should be combined.14
Grundfos noted that the speed of the
pump is the primary function
determining efficiency, that both test
methods control the pumps speed, as in
both cases they simulate inputs to
conduct testing and attempt to model
the reference curve with those inputs,
and therefore separate test requirements
are not necessary. (Grundfos, No. 7 at p.
3).
DOE assumes that Grundfos is
recommending that the test methods for
temperature controls and external input
signal controls be combined, as they
suggested in response to the May 2021
RFI. (Grundfos, No. 113 at p. 4) As
discussed in the December 2021 NOPR,
the CPWG considered the category of
external input signal controls as
separate from temperature controls.
Specifically, the CPWG noted that
unlike pressure and temperature
controls, for external input signal
controls, the logic that defines how the
circulator pump operating speed is
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Where:
Pin_reduced = weighted average input power at
reduced speeds of the circulator pump
(hp);
wi_reduced = 0.3333;
Pin,i_reduced = power input to the driver at
reduced rotating speed of the circulator
pump at each test point i (hp); and
i = test point(s), defined as 25, 50, and 75
percent of the flow at BEP of max speed
and head values at or above the reference
curve.
86 FR 72096, 72117–72118.
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circulator pumps with external input
signal controls similar to manual speed
controls. (Docket No. EERE–2016–BT–
STD–0004, No. 47 at p. 480); 86 FR
72096, 72117.
For these reasons, DOE proposed
separate test methods for temperature
controls, external input signal controls
only (identical to the test method for
temperature controls), and external
input signal controls with other control
varieties. 86 FR 72096, 72115.
In its response to the December 2021
NOPR, Grundfos has not introduced
additional information beyond that
provided in its May 2021 RFI comments
that would contribute to DOE amending
the test methods as proposed. (See
Grundfos, No. 7 at p. 3)
HI agreed with the proposal in the
NOPR, which they stated is
incorporated within the appropriate
testing sections of HI 41.5–2021. (HI,
No. 9 at p. 6) Grundfos stated that DOE
should directly reference HI 41.5–2021
sections 41.5.3.4.4.1 for external control
only and 41.5.3.4.4.2 for external
control with other control methods,
instead of recreating the language
within the test procedure. (Grundfos,
No. 7 at p. 3)
HI stated that additional clarification
for ‘‘lowest speed setting’’ is not
necessary. (HI, No. 9 at p. 6) Grundfos
also stated that adding ‘‘lowest speed
setting’’ to the testing requirements is
CER
=
not required for repeatability and would
put test points at or near the minus 5
percent region of flow. Grundfos stated
that DOE testing should attempt to
achieve a head/flow as close to the
reference curve/test point as possible.
(Grundfos, No. 7 at p. 3)
In the December 2021 NOPR, DOE
noted that HI 41.5–2021 contained some
discrepancies between the two external
input signal control methods regarding
testing with manual speed adjustment
and/or simulated external input signal.
86 FR 72096, 72118. DOE proposed to
allow both manual speed adjustment
and simulated external input signal for
both test methods. Id at 86 FR 72141.
No commenters responded to DOE’s
request regarding whether manual speed
adjustment and/or simulated external
input signal are appropriate for testing
circulator pumps with external input
signal only, as well as circulator pumps
with external input signal in addition to
other control varieties. However, in the
recent publication of HI 41.5–2022, HI
amended the test method to both allow
manual speed adjustment and simulated
external input signal, regardless of
whether external input signal control is
the only control mode, as proposed by
DOE. The remainder of the provisions
regarding external input signal controls
are the same in HI 41.5–2022 as in HI
41.5–2021, and also consistent with
DOE’s proposals.
57281
In response to the comments from HI
and Grundfos, DOE is not adopting a
reference to the ‘‘lowest speed’’ setting
in the test method for external input
control, consistent with the December
2021 NOPR proposal and HI 41.5–2022.
DOE addresses enforcement testing in
section III.F.2 of this document.
In this final rule, DOE is adopting the
test methods for external input signal
controls by referencing HI 41.5–2022
sections 41.5.3.4.4.1 and 41.5.3.4.4.2,
rather than including regulatory text.
The test methods in those sections of HI
41.5–2022 are consistent with that
proposed by DOE and as such this does
not represent a substantive change.
6. No Controls or Full Speed Test
In the December 2021 NOPR,
consistent with the recommendations of
the CPWG, DOE proposed to test
circulator pumps without external input
signal, manual, pressure, or temperature
controls along the maximum speed
circulator pump curve to achieve the
test point flow rates. DOE agreed that
since these circulator pumps with no
controls are single-speed controls and
only have a single speed, testing at
maximum speed is representative of the
typical operation of circulator pumps
with no controls. Additionally, DOE
proposed to use equation (11):
Li wi(Pin,i)
(11)
To provide regulatory clarity about
which pumps must be rated using the
‘‘no controls’’ test method, but also
accommodate the option for any pump
to be rated using the ‘‘no controls’’ test
method, DOE proposed to refer to this
test method in the regulatory text as the
test method for circulator pumps
without external signal, manual,
pressure, or temperature controls (i.e.,
full speed test). DOE also proposed
additional language in the scope section
regarding this clarification. Id.
DOE requested comment on the
proposed test method for circulator
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pumps distributed in commerce with no
controls. Id.
HI agreed with the proposal for
pumps with no controls and stated that
DOE should incorporate by reference
section 41.5.3.4.1 for ‘‘Full speed or
without pressure, temperature, external
input signal or manual speed control.’’
(HI, No. 9 at p. 6) Grundfos also agreed
with the proposed test method and
stated that DOE should reference HI
41.5–2021 section 41.5.3.4.1, use
language consistent with HI 41.5, and
name this test method ‘‘Full speed.’’
(Grundfos, No. 7 at p. 3)
For the reasons discussed in the
December 2021 NOPR and in the
preceding paragraphs, DOE is adopting
the proposed test method for circulator
pumps without external input signal,
manual, pressure, or temperature
controls (full speed test) in this final
rule. In response to HI and Grundfos,
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DOE is re-ordering the title of this test
method to: ‘‘Testing and Calculation of
CER for Full Speed Test and for
Circulator Pumps without External
Input Signal, Manual, Pressure, or
Temperature Controls.’’ In addition,
instead of including regulatory text,
DOE is referencing HI 41.5–2022 section
41.5.3.4.1, which is identical to HI 41.5–
2021 section 41.5.3.4.1, as requested by
stakeholders. This section contains the
same content as the NOPR proposal and
does not represent a substantive change.
E. Determination of Circulator Pump
Performance
In the December 2021 NOPR, DOE
stated that as part of the September 2016
CPWG Recommendations, the CPWG
recommended that all test points be
tested on a wire-to-water basis, in
accordance with HI 40.6–2014, with
minor modifications. The CPWG also
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Where:
CER = circulator pump energy rating (hp);
wi = 0.25;
Pin,i = power input to the driver at each test
point i (hp); and
i = test point(s), defined as 25, 50, 75, and
100 percent of the flow at BEP.
86 FR 72096, 72119.
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recommended that if an updated version
of HI 40.6 is published prior to
publication of the test procedure final
rule, DOE should review and
incorporate the updated version.
(Docket No. EERE–2016–BT–STD–0004,
No. 58, Recommendation #10 at p. 8–9);
86 FR 24516, 24526. The CPWG also
recommended several modifications
related to frequency of data collection,
BEP speed, electrical measurement
equipment, relevant parameters at
specific load points, power supply
characteristics, and rounding of values
for calculating and reporting purposes.
(Docket No. EERE–2016–BT–STD–0004,
No. 58 Recommendation #10 at pp. 8–
9). 86 FR 72096, 72119.
DOE noted that two updated versions
of HI 40.6—HI 40.6–2016 and HI 40.6–
2021—had been published since the
CPWG meetings concluded. DOE
proposed to incorporate by reference HI
40.6–2021, for measuring the
performance of circulator pumps, noting
the changes made from the previous
version of HI 40.6–2014. DOE also
stated that it was necessary to make
several exceptions, modifications, and
additions to this test procedure to
ensure accuracy and repeatability of test
measurements and that the test method
produces results that reflect energy
efficiency or energy use during a
representative average use cycle without
being unduly burdensome to conduct
Additionally, DOE proposed specific
procedures for calculating the CEI and
rounding of values to ensure that the
resultant ratings are determined in a
consistent manner. 86 FR 72096, 72119.
DOE discusses these proposals and their
resulting requirements in the following
subsections.
Section III.E.1 discusses HI 40.6–
2021, the industry standard, which DOE
is incorporating by reference, for
measuring the performance of circulator
pumps. DOE has determined that it is
necessary to make several exceptions,
modifications, and additions to this test
procedure to ensure accuracy and
repeatability of test measurements
(sections III.E.2.a through III.E.2.c of this
document) and that the test method
produces results that reflect energy
efficiency or energy use during a
representative average use cycle without
being unduly burdensome to conduct.
Additionally, DOE adopts specific
procedures for calculating the CEI and
rounding of values to ensure that the
resultant ratings are determined in a
consistent manner (section III.E.2.d of
this document).
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1. Incorporation by Reference of HI
40.6–2021
In the December 2021 NOPR, DOE
stated that it had reviewed HI 40.6–2021
and determined that the test methods
contained within HI 40.6–2021 are
generally consistent with HI 40.6–2014
and are sufficiently specific and
reasonably designed to produce test
results to determine a CEI that is
representative of an average use cycle of
applicable circulator pumps.
Specifically, Table 40.6.2 of HI 40.6–
2021, like HI 40.6–2014, defines and
explains how to calculate driver power
input,15 volume per unit time,16 pump
total head,17 and other relevant
quantities, which are essential to
determining the metric. 86 FR 72096,
72120.
HI 40.6–2021 also contains
appropriate specifications regarding the
scope of pumps covered by the test
method, standard rating conditions,
equipment specifications, uncertainty
calculations, and tolerances. The
electrical measurement specification
and associated equipment specifications
in Section C.4.3 of HI 40.6–2021 contain
the relevant measurement specifications
for certain non-energy metrics (i.e., true
root mean square ‘‘RMS’’ current, true
RMS voltage, and real power) that
manufacturers may choose to make
representations about for each rated
circulator pump. These specifications
also describe the relevant measurements
used in the calculation of true power
factor (‘‘PF’’) at each applicable load
point for each circulator pump control
variety, a non-energy metric
manufacturers may wish to use to make
representations. In addition, HI 40.6–
2021 contains a new appendix E with
specific test instructions for circulator
pumps. DOE noted that Section 41.5.3.1
of HI 41.5–2021 references Appendix E
of HI 40.6–2021 as the test standard that
governs measurements of all test points
in the standard. DOE reviewed HI 40.6–
2021 with respect to the minor
modifications listed by the CPWG in
Recommendation #10. DOE found that
recommendations regarding frequency
of data collection are included in
section 40.6.5.5.1, and
15 The term ‘‘driver or control power input’’ in HI
40.6–2021 is defined as ‘‘the power input to the
driver or control;’’ in the NOPR, DOE refers to
‘‘driver power input’’ as the power to either the
motor or the controls, if present.
16 The term ‘‘volume per unit time’’ in HI 40.6–
2021 is defined as ‘‘. . . the volume rate of flow in
any given section . . . Also referred to as flow, flow
rate, and rate of flow.’’
17 The term ‘‘pump total head’’ is defined in HI
40.6–2021 as ‘‘the algebraic difference between the
outlet total head and the inlet total head’’ and is
used synonymously with the term ‘‘head’’ in this
document.
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recommendations regarding electrical
measurement equipment and power
supply characteristics are included in
section C.3.4.1 and Table 40.6.3.2.3. The
recommendation regarding BEP speed—
specifically, to test at max speed with
no adjustment to nominal—is addressed
in Appendix E of HI 40.6–2021, which
excludes sections 40.6.5.5.2, 40.6.6.1,
and 40.6.6.1.1, dealing with the
specified speed of rotation and
translation to that specified speed. The
recommendations for relevant
parameters at specific load points have
been addressed in Appendix E of HI
40.6–2021 as well as HI 41.5–2021, with
some modifications. Id.
After considering stakeholder
comments on the May 2021 RFI, DOE
proposed to incorporate HI 40.6–2021,
inclusive of Appendix E, into the
proposed appendix D to subpart Y, with
the exceptions, modifications, and
additions described elsewhere in the
December 2021 NOPR. DOE requested
comment on its proposal. 86 FR 72096,
72121.
HI agreed with incorporating HI 40.6–
2021 by reference. In Appendix E of HI
40.6–2021, HI noted exception and
modifications for testing of circulator
pumps. (HI, No. 9 at p. 6) Grundfos
agreed with incorporating HI 40.6–2021
as stated in the December 2021 NOPR.
(Grundfos, No. 7 at p. 4)
For the reasons discussed in the
December 2021 NOPR and in the
preceding paragraphs, DOE is
incorporating by referencing HI 40.6–
2021, inclusive of Appendix E, into
appendix D to subpart Y, with the
exceptions, modifications, and
additions described elsewhere in the
document.
2. Exceptions, Modifications and
Additions to HI 40.6–2021
In the December 2021 NOPR, DOE
stated that, in general, DOE finds the
test methods contained within HI 40.6–
2021 are sufficiently specific and
reasonably designed to produce test
results to determine a CEI that is
representative of average use cycle of
applicable circulator pumps. However,
only certain sections of HI 40.6–2021
are applicable to the proposed circulator
pump test procedure. 86 FR 72096,
72121. In addition, DOE proposed
certain exceptions, modifications, and
additions to ensure test results are
sufficiently repeatable and reproducible,
addressed in the subsequent sections
III.E.2.a through III.E.2.d of this
document.
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a. Applicability and Clarification of
Certain Sections of HI 40.6–2021
In the December 2021 NOPR, DOE
stated that although it is proposing to
incorporate by reference HI 40.6–2021
as the basis for its test procedure, some
sections of the standard are not
applicable to the circulator pump test
procedure, while other sections require
additional specification regarding their
applicability when conducting the
circulator pump test procedure. Id.
DOE did not propose to adopt through
reference section 40.6.4.1, ‘‘Vertically
suspended pumps,’’ and section
40.6.4.2, ‘‘Submersible pumps,’’ of HI
40.6–2021 in the circulator pump test
procedure because circulator pumps are
IL pumps and are not vertical turbine or
submersible pumps. As such, the test
provisions applicable to vertical turbine
and submersible pumps described in
Section 40.6.4.1 and section 40.6.4.2 of
HI 40.6–2021 would not apply to the
circulator pump test procedure. Id.
Additionally, Section 40.6.5.5.2 of HI
40.6–2021, ‘‘Speed of rotation during
test,’’ requires that the speed of rotation
to establish flow rate, pump total head,
and power input be within the range of
80 percent to 120 percent of the rated
speed. However, in the proposed
circulator pump test procedure, rated or
nominal speeds are not relevant, as DOE
did not propose that speed be measured
as part of the test procedure. Similarly,
section 40.6.6.1, ‘‘Translation of test
results to the specified speed of
rotation,’’ describes the method by
which tested data can be translated to
the rated speed of rotation for
subsequent calculations and reporting
purposes. As DOE did not propose that
speed be measured as part of this
circulator pump test procedure,
translation of tested results based on
speed is not necessary. As a result, DOE
did not propose to adopt Sections
40.6.5.5.2 and 40.6.6.1 (including
40.6.6.1.1) of HI 40.6–2021. This is
consistent with the exclusions for
circulator pump testing in Appendix E
of HI 40.6–2021. Id.
DOE also did not propose to adopt
Section 40.6.5.3, ‘‘Test report,’’ which
provides requirements regarding
reporting of test results and Appendix
B, ‘‘Reporting of test results,’’ that refers
to DOE’s existing reporting
requirements at 10 CFR 429.59 for
general pumps, both of which are not
required for testing and rating circulator
pumps in accordance with DOE’s
procedure. Specifically, the updated
Appendix B references specific
reporting requirements established in
the general pumps test procedure, of
which not all specifications are
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applicable to circulator pumps. DOE
noted that it would propose specific
certification and reporting requirements
for circulator pumps as part of a
separate rulemaking, should such
standards be proposed.18 Id.
Finally, DOE did not propose to adopt
Appendix G, ‘‘DOE compared to HI 40.6
nomenclature,’’ which refers to
nomenclature used by DOE in the
general pumps test procedure (appendix
A to subpart Y of 10 CFR part 431) and
is not in all cases consistent with the
terminology used in the proposed
circulator pump test procedure. Id.
In summary, for the reasons stated
previously, DOE did not propose to
adopt Sections 40.6.4.1, 40.6.4.2,
40.6.5.3, 40.6.5.5.2, 40.6.6.1, 40.6.6.1.1,
Appendix B, and Appendix G of HI
40.6–2021 as part of the DOE test
procedure for circulator pumps. Id.
In addition, DOE noted that Appendix
E of HI 40.6–2021 includes
modifications to testing in sections
40.6.5.5.1 and 40.6.6.3. DOE proposed
to reference HI 40.6–2021 inclusive of
Appendix E and the modifications
therein. Id.
DOE requested comments on these
proposals. Id.
Grundfos stated that excluding
sections 40.6.4.1, 40.6.4.2, 40.6.5.3,
40.6.5.5.2, 40.6.6.1, 40.6.6.1.1,
Appendix B, and Appendix G of HI
40.6–2021is warranted. (Grundfos, No. 7
at p. 4) HI stated that circulator pump
definitions are separate from
submersible or vertically suspended;
therefore, a specific exclusion of
Sections 40.6.4.1 and 40.6.4.2 is not
needed. HI stated that Appendix E
already excludes Section 40.6.5.5.2,
40.6.6.1, and 40.6.6.1.1, so DOE does
not need to exclude them. HI agreed that
Section 40.6.5.3, Appendix B, and
Appendix G of HI 40.6–2021 can be
excluded. (HI, No. 9 at p. 7)
In response to HI, DOE understands
that within HI 40.6–2021 section 40.6.4,
there are separate subsections for
vertically suspended pumps (40.6.4.1),
submersible pumps (40.6.4.2), and all
other pump types (40.6.4.3), the latter of
which references all other pump types
identified by ANSI/HI 14.1–14.2,
‘‘Rotodynamic Pumps for Nomenclature
and Definitions,’’ which is the successor
to the previously discussed ANSI/HI
1.1–1.2–2014. DOE expects this is why
HI stated that specific exclusion of
sections 40.6.4.1 and 40.6.4.2 is not
required. However, to provide clarity
without having to reference additional
industry standards, DOE is adopting
18 For more information on any energy
conservation standard rulemaking for circulator
pumps see Docket No. EERE–2016–BT–STD–0004.
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57283
only those specific sections of HI 40.6–
2021 applicable to the test procedure for
circulator pumps in scope of the DOE
test procedure (see section A.0.1 in
appendix D as established in this final
rule), as proposed in the December 2021
NOPR. DOE is also excluding sections
40.6.5.5.2, 40.6.6.1, and 40.6.6.1.1, to
improve the clarity of the DOE test
procedure even though Appendix E of
HI 40.6–2021 already excludes them.
DOE is also adopting exclusions of
section 40.6.5.3, Appendix B, and
Appendix G as proposed in the
December 2021 NOPR and supported by
HI and Grundfos.
b. Testing Twin Head Circulator Pumps
and Circulators-Less-Volute
In the December 2021 NOPR, DOE
stated that a twin head circulator pump
is a type of circulator pump that
contains two impeller assemblies,
mounted in two volutes that share a
single inlet and discharge in a common
casing. DOE proposed to test twin head
circulator pumps as recommended by
the CPWG and consistent with Section
41.5.3 of HI 41.5–2021. Specifically,
DOE proposed that to test twin head
circulator pumps, one of the two
impeller assemblies should be
incorporated into an adequate, single
impeller volute and casing. An
adequate, single impeller volute and
casing means a volute and casing for
which any physical and functional
characteristics that affect energy
consumption and energy efficiency are
essentially identical to their
corresponding characteristics for a
single impeller in the twin head
circulator pump volute and casing. DOE
requested comments on its proposal. 86
FR 72096, 72121–72122.
HI agreed with the proposed test
procedure for twin head pumps, which
is consistent with the test procedure
outlined in HI 41.5.3 (paragraph 5). (HI,
No. 9 at p. 7) Grundfos agreed with the
test method, stating that it is the same
method applied to general pumps and
using that test method ensures
consistency in the regulation.
(Grundfos, No. 7 at p. 4)
As discussed in the December 2021
NOPR and consistent with comment, in
this final rule, DOE is adopting the test
procedure for twin head circulator
pump as proposed in the December
2021 NOPR.
In the December 2021 NOPR, DOE
stated that a circulator-less-volute is a
circulator pump with a complete motor
that is sold without a volute, but for
which a paired volute is available in
commerce from a manufacturer. DOE
proposed that the circulator-less-volute
would be paired with specific volute(s)
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with which the circulator-less-volute is
offered for sale or advertised to be
paired with, and that the combination
would be subject to the proposed
applicable DOE test procedure for that
circulator-less-volute model. DOE
proposed that the CEI for each volute
and circulator-less-volute pairing be
determined separately. Additionally,
DOE proposed to allow manufacturers
of circulator pumps to group similar
volute and circulator-less-volute
pairings within a given basic model
rating to minimize testing burden, while
still ensuring that the CEI rating is
representative of minimum efficiency or
maximum energy consumption of the
group. DOE stated that circulator-lessvolute manufacturers could opt to make
representations of the CEI of each
individual circulator-less-volute and
volute combination or could elect to
make CEI representations regarding a
circulator-less-volute combined with
several individual volutes and rate the
group with the same representative CEI
value, which would be representative of
the least efficient model. DOE requested
comment on its proposals. 86 FR 72096,
72122.
HI agreed with DOE’s proposed test
procedure for circulators-less-volute.
(HI, No. 9 at p. 7) Grundfos agreed with
the test procedure for circulator-lessvolute but stated that header pumps
should be included in this test
procedure. (Grundfos, No. 7 at p. 4) As
discussed in section III.B.4, Grundfos
stated that DOE should require that
header pumps be tested like circulatorsless-volute, except that the
manufacturer determines the volute to
be used and make this volute available
for testing on the open market so that all
interested parties can purchase and test
the pump in the same manner it was
certified. (Id.)
As discussed in section III.B.4 and
III.B.6 of this document, DOE is not
including header pumps within the
scope of the test procedure as it has
determined that the recommended test
method would increase burden and
would not produce representative
results. Therefore, for the reasons
discussed in the December 2021 NOPR,
DOE is adopting the test procedure for
circulators-less-volute as proposed in
the December 2021 NOPR.
c. Determination of Circulator Pump
Driver Power Input at Specified Flow
Rates
In the December 2021 NOPR, DOE
proposed to adopt the provisions in
appendix E of HI 40.6–2021 for
determining circulator pump driver
power input at specified flow rates,
noting that these differ from the CPWG
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recommendations, but are more
appropriate because having test points
lower than the lowest point of required
driver power allows a linear regression
to be constructed that includes all the
driver power input points. The
provisions include:
• Section 40.6.5.5.1 Test procedure—
A minimum of nine test points shall be
taken for all performance tests. Points
are to be selected at approximately 10
percent, 25 percent, 40 percent, 60
percent, 75 percent, 90 percent, 100
percent, 110 percent, and 120 percent of
the flow rate at the expected BEP of the
circulator pump.
• Section 40.6.6.3 Performance
curve—Determine the pump total head
versus flow rate curve only based on a
polynomial of the 6th order.
• Section 40.6.6.3 Performance
curve—Determine the driver power
input at 25 percent, 50 percent, 75
percent, and 100 percent of BEP based
on a 3rd order polynomial curve of best
fit of the tested values (as specified in
section 40.6.5.5.1) at 10 percent, 25
percent, 40 percent, 60 percent, 75
percent, 90 percent, 100 percent, 110
percent, and 120 percent of expected
BEP flow rate.
DOE requested comments on this
proposal. 86 FR 72096, 72122–72123.
HI and Grundfos agreed with DOE’s
proposal to incorporate Appendix E of
HI 40.6–2021 for determining the
circulator pump driver power input at
flow rates. (HI, No. 9 at p. 7; Grundfos,
No. 7 at p. 4) For the reasons discussed
in the December 2021 NOPR and in the
preceding paragraphs, in this final rule,
DOE is incorporating Appendix E of HI
40.6–2021 into the test procedure for
circulator pumps as proposed.
In the December 2021 NOPR, DOE
also noted that the procedure specified
in section 40.6.6.3 and Appendix E of
HI 40.6–2021 is applicable for test
points gathered at maximum speed, but
the other test points proposed for
circulator pumps with pressure
controls, temperature controls, manual
speed controls, and external input
signal controls are not specified in HI
40.6–2016. For circulator pumps with
pressure controls, temperature controls,
manual speed controls, and external
input signal controls, the general test
procedure consists of ‘‘sweeping’’ the
maximum speed curve (i.e., taking
measurements at flow intervals along
the head/flow curve associated with
maximum pump speed) to determine
BEP, adjusting the pump to the
determined BEP at maximum speed,
and then adjusting the speed of the
pump according to the applicable
control or reference system curve to
achieve the specified load points at 25,
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50, 75 percent of BEP flow at reduced
speed. As such, for these test points,
unlike the test points at maximum
speed derived from the data collected to
determine BEP, manufacturers would
adjust the operation of the pump to
specifically achieve the load points at
25, 50, 75, and 100 percent of BEP flow,
as applicable. Due to experimental
uncertainty, the specific test points
measured in the test protocol may not
be exactly at 25, 50, 75, or 100 percent
of the BEP flow load points specified in
the test procedure and, thus, the
relevant power input measurements
must be adjusted to reflect the power
input at the specific load points
specified in the test procedure. DOE
noted that HI 40.6–2021 does not
specify the tolerances around which the
specified flow values must be achieved
or how to adjust the test points to the
specified load points, accounting for
such experimental tolerance. 86 FR
72096, 72123.
In the December 2021 NOPR, DOE
stated that HI 41.5–2021 includes
provisions different from those
recommended by the CPWG.
Specifically, all tested flow values must
be within ±5 percent of the target flow
load points as specified by the reference
system curve in HI 41.5–2021. (HI 41.5–
2021 section 41.5.3.4.2 #3c, 41.5.3.4.3,
41.5.3.4.4.1–2, 41.5.3.45) HI stated that
this target range limits the pump
efficiency ranges allowed for a given test
point and minimizes variation in CEI
values for a given test. In addition, any
head values that are above the reference
system curve (including within 10
percent) are not adjusted. HI stated that
this eliminates a discontinuity in CEI
values when transitioning between
corrected and uncorrected values and
allows for better representation of pump
CEI. Finally, for pressure control and
manual speed control, tested head is
allowed to be below the reference curve
and corrected back to the reference
curve. HI stated that this eliminates the
need for all control curves to exist above
the reference curve allowing for a better
representation of control curves used in
the market and for the circulator pump
CEI values to better represent a pump’s
capabilities. (HI, No. 112 at p. 2) These
provisions are found throughout each of
the individual control variety test
methods in HI 41.5; a summary is
available in 41.5.1. DOE proposed to
incorporate the provisions in HI 41.5–
2021. 86 FR 72096, 72123.
DOE noted also that the proposed
load points are specified with a discrete
flow value (i.e., 25, 50, 75, and/or 100
percent of BEP flow) and, for
temperature control and external input
signal controls, a minimum head value
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(i.e., at or above the reference system
curve). Therefore, as proposed the flow
values must be achieved within ±5
percent and, for temperature controls
and external input signal controls, the
tested head values must not be more
than 10 percent below the reference
system curve. Any test point with a flow
value that is more than ±5 percent away
from the specified value or, for
temperature controls and external input
signal controls, a head value is more
than 10 percent below the reference
system curve would be invalid and,
therefore, must be retested. 86 FR
72096, 72124.
DOE proposed to adjust the tested
driver input power values for all
relevant test points for circulator pumps
with temperature and external input
signal controls using the methods
adopted in the January 2016 TP final
rule and discussed by the CPWG.
Specifically, DOE proposed that if the
57285
tested flow values are within ±5 percent
of the flow load point specified by the
reference system curve and the head
values are within ±10 percent of the
head load points specified by the
reference system curve, the tested driver
input power values would be
proportionally adjusted to the specified
flow and head points, as shown in
equation (12):
(12)
Where:
PR,i = the driver power input (hp);
HR,i = the specified head at load point i based
on the reference system curve (ft);
HT,j = the tested head at load point j (ft);
QR,i = the specified flow rate at load point i
based on the reference system curve
(gpm);
QT,j = the tested flow rate at load point j
(gpm); and
PT,j = the tested driver power input at load
point j (hp).
86 FR 72096, 72124.
DOE also proposed that for pressure
controls and manual speed controls, if
the tested flow values are within ±5
percent of the flow load point specified
by the reference system curve and the
tested head values are below the head
load points specified by the reference
system curve, the tested driver power
input values would be proportionally
adjusted to the specified flow and heat
points as shown in equation (12). Id.
Finally, DOE proposed, consistent
with the recommendations of the CPWG
and the modifications in HI 41.5–2021,
that for temperature controls and
external input signal controls, if the
tested head values are above the
reference system curve by more than 10
percent, or for pressure controls and
manual speed controls, if the tested
head values are above the reference
system curve at all, only the flow values
would be proportionally adjusted to the
specified value, as shown in equation
(13):
QR,i) pT,J.
pR,i -- ( QT,j
HI stated that the power corrections in
HI 41.5 are as HI intends, specifically
for pressure and manual speed controls,
the power corrections noted in HI 41.5–
2021 section 41.5.3.4.2.3.d and Equation
41.5.3.4.2b for pressure speed control
and section 41.5.3.4.5.2.d and Equation
41.5.3.4.5b for manual speed control. HI
recommended that DOE should
incorporate these sections by reference.
(HI, No. 9 at p. 7) Grundfos also stated
that only the head term is ignored when
correcting power above the reference
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curve, and that it agreed with the ±5
flow tolerance. (Grundfos, No. 7 at p. 5)
HI stated that, with regard to
temperature and external input signal
controls, the power corrections noted in
HI 41.5–2021 in section 41.4.3.4.3.2 and
Equation 41.5.3.4.3b for temperature
controls and sections 41.5.3.4.4.1.2 and
41.5.3.4.4.2.2 and Equations
41.5.3.4.4.1b and 41.5.3.4.4.2b for
external input signal controls are as
intended. HI recommended that DOE
should incorporate these sections by
reference. (HI, No. 9 at p. 8) Grundfos
reiterated that only the head term is
ignored when correcting power above
the reference curve, and that it agreed
with the ±5 flow tolerance. (Grundfos,
No. 7 at p. 5)
For the reasons discuss above and in
the December 2021 NOPR, DOE is
adopting the flow and head tolerances
and proportional adjustments as
proposed in the December 2021 NOPR.
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However, as discussed in section II,
DOE is adopting through reference
specific sections of HI 41.5–2022, each
of which includes provisions for these
adjustments. The language in HI 41.5–
2022 differs from that in the regulatory
text in the December 2021 NOPR, by
using only one equation and clarifying
the applicable use of the equation in
different scenarios in text rather than
including two separate equations
applicable to the different scenarios as
DOE did. However, the substance of the
language in HI 41.5–2022 is consistent
with that of the regulatory text in the
December 2021 NOPR; as such this does
not represent a substantive change. In
addition, HI specifically requested DOE
reference the relevant sections of HI
41.5–2021 (to which HI 41.5–2022 is
identical), and no stakeholders
expressed that the relevant language in
HI 41.5 was unclear.
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Where:
PR,i = the driver power input (hp);
QR,i = the specified flow rate at load point i
based on the reference system curve
(gpm);
QT,j = the tested flow rate at load point j
(gpm); and
PT,j = the tested driver power input at load
point j (hp).
DOE requested comment on these proposals.
86 FR 72096, 72124.
ER19SE22.028</GPH>
(13)
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With regards to the test points to
which the tolerance and adjustment
methods are applicable, DOE noted in
the December 2021 NOPR that the
CPWG recommended that ‘‘all’’ test
points for circulator pumps with
pressure controls, temperature controls,
manual speed controls, or external input
signal controls apply the specified
tolerances and adjustment methods.
(Docket No. EERE–2016–BT–STD–0004,
No. 58 Recommendation #10 at pp. 8–
9) However, DOE stated that it believed
that the curve fitting method for
determining driver power input at the
specified load points at maximum speed
is more applicable and less burdensome
for many of the maximum speed test
points than requiring retesting along the
maximum speed curve to achieve those
test points within ±10 percent.
Specifically, for manual speed controls
and external input signal controls in
addition to other control varieties, the
proposed test methods and CEI
calculation methods require load points
be determined at 25, 50, 75, and 100
percent of BEP flow along the maximum
speed curve, as well as at 25, 50, and 75
percent of BEP flow at reduced speeds.
For the test points at reduced speed,
DOE stated that it believed, as
recommended by the CPWG, that the
proposed tolerances and proportional
adjustment would be applicable.
However, for the test points at 25, 50,
and 75 percent of maximum speed, DOE
stated that it believed that it would be
less burdensome and more consistent
with the proposed testing of circulator
pumps with no controls to determine
such test points via curve fitting of the
BEP test data at maximum speed. DOE
stated that this is consistent with
Sections 41.5.3.4.4.2 and 41.5.3.4.5 of
HI 41.5–2021. With regard to the test
point at 100 percent of BEP flow and
maximum speed, DOE noted that, in
order to test such circulator pump
models, the circulator pump must be
adjusted to a test point at 100 percent
of BEP flow and maximum speed before
reducing the speed in accordance with
the control logic to achieve the reduced
speed values. As such, DOE stated that
using the tested value at 100 percent of
BEP flow and maximum speed as
opposed to the value determined via
curve fitting would be more accurate
and would not increase the burden of
the testing. DOE noted that this proposal
is inconsistent with HI 41.5–2021,
which includes the 100 percent point as
part of the points determined by curve
fitting, rather than as a measured test
point. DOE requested comment on this
deviation. 86 FR 72096, 72124–72125.
Table III.2 summarizes the proposed
applicability of the different adjustment
methods to the various test points for
each circulator pump variety.
TABLE III.2—SUMMARY OF APPLICABLE ADJUSTMENT METHOD FOR DIFFERENT TEST POINTS FOR ALL CONTROL
VARIETIES
Control variety
Test points that would be determined via
curve fitting
Test points that must be achieved within any
specified tolerance and would be determined via
proportional adjustment
Pressure Controls .....................
Temperature Controls ...............
Manual Speed Controls ............
None .................................................................
None .................................................................
25, 50, and 75 percent of BEP flow at maximum speed.
25, 50, and 75 percent of BEP flow at maximum speed.
All (25, 50 ,75, and 100 percent of BEP flow).
All (25, 50 ,75, and 100 percent of BEP flow).
25, 50, and 75 percent of BEP flow at reduced speed and
100 percent of BEP flow at maximum speed.
25, 50, and 75 percent of BEP flow at reduced speed and
100 percent of BEP flow at maximum speed.
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External Input Signal Controls ..
DOE requested comment on the
proposed applicability of the tolerance
and proportional adjustment method to
the various test points, as compared to
the curve fitting method, based on
circulator pump control variety. DOE
particularly requested comment on
which category is most appropriate for
the 100 percent of BEP flow point. Id.
at 86 FR 72125.
HI stated that it understood that DOE
proposed to test the 100 percent BEP for
manual speed controls and external
input signal controls the same way as
for pressure and temperature controls to
determine the input power term at
maximum speed in the CER equation,
which requires adjusting the tested
power proportional to the BEP
originally determined from the curve fit.
HI commented that the curve fitted 100
percent BEP point is the anchor point
for the reduced speed load points and
should be used without requiring
retesting for manual and external input
speed control. HI stated that DOE’s
proposal would not increase accuracy
but would require retesting a point
already measured. HI stated that DOE
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should incorporate by reference the
language in sections HI 41.5.3.4.5 for
manual speed control and 41.5.3.4.4 for
external input signal control to maintain
consistency with what industry has
already implemented. (HI, No. 9 at p. 8)
Grundfos stated that maintaining the
curve fitting method is preferable to
minimize testing burden even if minor
deviations are present using this
method. Grundfos added that if DOE
decides that curve fitting error needs to
be addressed, allowing a piece-wise
curve fitting would solve this issue.
Grundfos added that this curve fitting
error happens at all test points, not just
at 100 percent BEP. (Grundfos, No. 7 at
p. 5)
DOE agrees with HI and Grundfos that
deviating from HI 41.5–2021 to require
the 100 percent BEP flow point be
obtained by achieving the test point
within tolerance rather than by curvefitting would introduce burden not
warranted for the expected gain. These
provisions appear in the updated
version of the industry guideline, in HI
41.5–2022 sections 41.5.3.4.5 and
41.5.3.4.4, which DOE is adopting
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through reference. As such, DOE is
adopting provisions for manual speed
controls and external input signal
controls that determine the 100 percent
BEP flow point through curve fitting.
3. Calculation and Rounding
Modifications and Additions
In the December 2021 NOPR, DOE
noted that HI 40.6–2014 did not specify
how to round values for calculation and
reporting purposes. DOE recognized that
the manner in which values are rounded
can affect the resulting CEI and that CEI
values should be reported with the same
number of significant digits. Therefore,
to improve the consistency of
calculations and to ensure accuracy, the
CPWG recommended that that all
calculations be performed with the raw
measured data, and that the resultant
CER (then called PERCIRC)and CEI (then
called PEICIRC) be rounded to 3
significant figures. (Docket No. EERE–
2016–BT–STD–0004, No. 58
Recommendation #10 at p. 8) DOE
noted that neither HI 40.6–2021 nor HI
41.5–2021 include any rounding
provisions. 86 FR 72096, 72125.
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DOE stated that it agreed with the
CPWG regarding its recommendation to
perform all calculations with the raw
measured data and to round the
resultant CER, CEI, and other relevant
measurements and calculations in a
standardized manner. In the established
provisions for general pumps, the CEI
analog (‘‘PEI’’) is rounded to the nearest
hundredths place (i.e., 0.01). See section
I.D.3 of appendix A to subpart Y of part
431. To be consistent with the general
pumps provisions, DOE proposed to
round CER to three significant figures
and to round CEI to the nearest
hundredths place. Additionally, DOE
proposed to calculate relevant nonenergy metrics using the raw measured
data and to round to the following: BEP
flow at maximum speed and BEP head
at maximum speed values to three
significant figures; real power, true RMS
current, and true RMS voltage values to
the tenths place (i.e., 0.1); and rated
hydraulic horsepower and true power
factor values to the hundredths place
unless otherwise specified. DOE
requested comment on these proposals.
Id. at 86 FR 72125–72126.
HI agreed with using raw data for all
calculations. HI stated that it is common
practice for manufacturers to use power
analyzers to measure the real power
input and that individual values of RMS
voltage, RMS current, and true power
factor are not always available. HI added
that collection of test data to 3
significant digits could be a problem
depending on instrumentation display,
its resolution, and the measured value.
(HI, No. 9 at p. 9)
HI agreed with the CPWG
recommendation that any non-energy
metrics, like RMS current, RMS voltage,
real power, and power factor, should be
voluntary to report. (HI, No. 9 at p. 9)
HI stated that, for voluntary purposes to
DOE, sufficient rounding guidelines are
as follows:
• Flow at maximum speed (Three
significant digits, but limited to the
tenths place for decimal values. e.g.,
101, 10.1, 1.1)
• BEP head at maximum speed (Three
significant digits, but limited to the
tenths place for decimal values. e.g.,
101, 10.1, 1.1)
• Real power (Three significant digits,
but limited to four decimal places.
e.g., 0.0111)
• True RMS current (Three significant
digits, but limited to the tenths place
for decimal values. e.g., 101, 10.1, 1.1)
• True RMS voltage (Tenths)
• Hydraulic horsepower (Three
significant digits, but limited to four
decimal places. e.g., 0.0111)
• True power factor (Hundredths place)
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(Id.)
HI added that the rounding guidelines
should not apply to manufacturer
representations of this data in commerce
(e.g., websites, literature). (Id.)
Grundfos agreed that the calculations
should be done using raw measured
data and agreed with the
recommendations from HI on rounding.
(Grundfos, No. 7 at p. 5)
In response to HI’s and Grundfos’
comments in support of the CPWG’s
recommendation to use unrounded
values in intermediate test procedure
calculations, DOE is adopting in the
December 2021 NOPR proposal to use
the raw measured data in this final rule.
Specifically, DOE is requiring use of raw
measured data to perform test procedure
calculations.
In response to HI’s support of
rounding provisions only as related to
voluntary reporting to DOE and not to
manufacturer representations, DOE has
determined that as it has not yet
proposed or finalized certification
reporting requirements for circulator
pumps, it is only appropriate to finalize
rounding proposals related to
parameters necessary for determination
of scope (i.e., rated hydraulic
horsepower) and calculation of CEI (i.e.,
CER, BEP flow, and BEP head). As DOE
has not yet determined whether it is
necessary to report real power, RMS
voltage, RMS current, and true power
factor, and given HI’s statement
regarding potential limitations in
instrumentation for these values, DOE
finds that it would be premature to
finalize rounding proposals related to
these provisions at this time. DOE may
consider certification reporting
requirements in a separate rulemaking.
Specifically to CEI and CER, DOE
received no comments or data contrary
to adoption of the December 2021 NOPR
proposal. Therefore, DOE is adopting in
this final rule the December 2021
NOPR’s proposal to require rounding of
(1) CEI to the hundredths decimal place;
and (2) CER to three significant figures.
Rounding CER to three significant
figures is consistent with the CPWG’s
recommendation and rounding CEI to
the hundredths place is consistent with
the requirements for general pumps. See
section I.D.3 of appendix A to subpart
Y of part 431.
Regarding rated hydraulic
horsepower, HI and Grundfos suggested
more precision than DOE proposed
requiring in December 2021 NOPR’s
proposal. Whereas the December 2021
NOPR proposed to require rounding of
rated hydraulic horsepower to the
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57287
hundredths decimal place,19 as stated
previously HI (and Grundfos in support
of HI’s comment) commented in support
of rounding to three significant figures,
not to exceed four decimal places. (HI,
No. 9 at p. 9; Grundfos, No. 7 at p. 5)
Review of publicly available
marketing literature indicates
availability of units of power draw at
least as small as 14W.20 Depending on
the relative efficiencies of both the
motor and wet end, DOE estimates the
rated hydraulic horsepower of such a
motor may round to zero if expressed to
two decimal places.
Further, because circulator pump
motor output power is often marketed
using fractions, identifying the correct
value when converted to decimal
notation would require at least the same
number of significant figures. As the
denominators of circulator pump motor
output power reach at least three digits,
at least three significant figures are
required to identify rated hydraulic
power with sufficient precision.
However, in review of the market, DOE
did not observe circulator pump
models, which would require more
precision than the fourth decimal place
to characterize.
Accordingly, in this final rule, DOE is
adopting the rounding requirements
suggested by HI and supported by
Grundfos to round rated hydraulic
power to less precise of the following
two values: three significant figures; the
fourth decimal place when expressed in
units of horsepower.
4. Rated Hydraulic Horsepower
In the December 2021 NOPR, DOE
noted that the proposed definitions of
dry rotor, two-piece circulator pumps
and dry rotor, three-piece circulator
pumps each contain a clause that the
pump must have a rated hydraulic
power less than or equal to 5 hp at BEP
at full impeller diameter. Accordingly,
DOE proposed nomenclature to
consistently refer to and categorize dry
rotor circulator pumps based on the
hydraulic horsepower they can produce
at BEP and full impeller diameter, as
measured in accordance with the
proposed circulator pump test
procedure. DOE noted that hydraulic
horsepower (termed pump power
output 21) is defined in HI 40.6–2021
19 For this discussion of rated hydraulic
horsepower, decimal places are as expressed in
units of horsepower.
20 Xylem Inc. Autocirc Instant Hot Water System
Product Brochure. Accessed: June 07, 2022. https://
www.xylem.com/siteassets/brand/bell-amp-gossett/
resources/brochure/a-134.pdf.
21 The term ‘‘pump power output’’ in HI 40.6 is
defined as ‘‘the mechanical power transferred to the
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liquid as it passes through the pump, also known
as pump hydraulic power.’’ It is used
synonymously with ‘‘hydraulic horsepower’’ in this
document. However, where hydraulic horsepower
is used to reference the size of a dry rotor circulator
pump, it refers to the rated hydraulic horsepower.
22 Also known as wet rotor circulator pumps.
23 Also known as dry rotor circulator pumps.
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these reasons, DOE is adopting the
provision for rated hydraulic
horsepower as proposed in the
December 2021 NOPR.
F. Sampling Plan and Enforcement
Provisions for Circulator Pumps
In the December 2021 NOPR, DOE
proposed that, for determining the
representative values (i.e., both the
proposed energy- and non-energyrelated metrics) for each basic model,
manufacturers must use a statistical
sampling plan of tested data, consistent
with the sampling plan for pumps that
is currently specified at 10 CFR 429.59.
In addition, DOE proposed specific
enforcement procedures that DOE
would follow when testing equipment
to verify compliance of any circulator
pump basic model should energy
conservation standards be established.
86 FR 72096, 72126. The following
sections III.F.1 and III.F.2 of this
document discuss DOE’s sampling plan
and enforcement provisions for
circulator pumps.
1. Sampling Plan
In the December 2021 NOPR, DOE
stated that it provides, in subpart B to
10 CFR part 429, sampling plans for
covered equipment. Id. at 86 FR 72126.
The purpose of a statistical sampling
plan is to provide a method to
determine representative values of
energy- and non-energy-related metrics,
for each basic model. In the January
2016 TP final rule, DOE adopted
sampling provisions applicable to
pumps that were similar to those used
for other commercial and industrial
equipment. 81 FR 4086, 4135–4136 (Jan.
25, 2016). See also 10 CFR 429.59.
In the December 2021 NOPR, DOE
proposed to adopt statistical sampling
plans for circulator pumps similar to
that adopted for pumps. That is, DOE
proposed to amend 10 CFR 429.59 to
require that, for each basic model of
pump (including circulator pumps), a
sample of sufficient size must be
randomly selected and tested to ensure
that any representative value of CEI or
other measure of energy consumption of
a basic model for which customers
would favor lower values is greater than
or equal to the higher 24 of the following
two values:
(1) The mean of the sample,
where:
24 In the preamble of the December 2021 NOPR,
this was erroneously written as ‘‘lower of’’, while
it was correctly written as ‘‘higher of’’ in the
regulatory text. See 86 FR 72096, 72126; 86 FR
72096, 72137–72138.
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X
and x¯ is the sample mean, n is the number
of samples, and xi is the maximum of the ith
sample;
Or,
(2) The upper 95 percent confidence
limit (UCL) of the true mean divided by
1.05,
where:
UCL=
x + to.9s (~)
and x¯ is the sample mean, s is the sample
standard deviation, n is the number of
samples, and t0.95 is the t statistic for a 95
percent one-tailed confidence interval with
n¥1 degrees of freedom (from appendix A of
subpart B of 10 CFR part 429).
86 FR 72096, 72126; see also 86 FR 72096,
72137–72138.
DOE stated that for purposes of
certification testing, the determination
that a basic model complies with the
applicable energy conservation standard
would be based on testing conducted
using the proposed DOE test procedure
and sampling plan. The general
sampling requirement currently
applicable to all covered products and
equipment provides that a sample of
sufficient size must be randomly
selected and tested to ensure
compliance and that, unless otherwise
specified, a minimum of two units must
be tested to certify a basic model as
compliant. 10 CFR 429.11(a)–(b). DOE
proposed to apply this same minimum
sample size requirement to circulator
pumps. Thus, if a statistical sampling
plan is used, DOE proposed that a
sample of sufficient size be selected to
ensure compliance and that at least two
units must be tested to determine the
representative values of applicable
metrics for each basic model. DOE noted
that manufacturers may need to test a
sample of more than two units
depending on the variability of their
sample, as provided by the statistical
sampling plan. Id at 86 FR 72126.
DOE noted that the proposed
sampling provisions would be
applicable to all energy-related metrics
for which each manufacturer elected to
make representations. DOE stated that,
similar to other pumps, an upper
confidence limit (‘‘UCL’’) of 0.95
divided by a de-rating factor of 1.05
would also be applicable to circulator
pumps, based on the variability inherent
in the test procedure and manufacturing
variability among units within a given
model. Specifically, DOE noted that the
proposed circulator pump test
procedure is based on the same
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and which DOE proposed to adopt
through reference (see section III.E.1 of
this document). HI 40.6–2021 also
contains a test method for determining
pump power output. However, HI 40.6–
2021 includes methods for determining
pump power output at any load point.
To specify the pump power
characteristic that DOE proposed to use
to describe the size of dry rotor
circulator pumps, DOE proposed to
introduce a new term, the ‘‘rated
hydraulic horsepower,’’ that is
identified as the measured hydraulic
horsepower at BEP and full impeller
diameter for the rated pump. DOE
requested comment on this proposal. 86
FR 72096, 72126.
HI agreed with the proposal to use
rated hydraulic horsepower. (HI, No. 9
at p. 9) Grundfos agreed with the
proposal but stated that DOE needs to
consider that using rated hydraulic
horsepower could modify the scope of
products covered by the CPWG
recommendations. Grundfos also noted
that consideration should be made to
ensure that setting this limit does not
modify the scope such that wet
runner 22 and dry runners 23 have
different sizes covered by the regulation.
(Grundfos, No. 7 at pp. 5–6)
In response to Grundfos, the
definitions for the two varieties of dry
rotor circulator pumps, as
recommended by CPWG, as proposed in
the NOPR, and as found in HI 41.5–
2021, specify that such pumps must
have hydraulic power less than or equal
to five horsepower at best efficiency
point at full impeller diameter. DOE’s
proposed test procedure in section 7 of
appendix D requires determination of
the rated hydraulic horsepower as the
pump power output measured at BEP
and full impeller diameter for the rated
pump. This provision does not differ
materially from the language in the dry
rotor circulator pump definitions. As
such, DOE has determined that the
definition will not modify the scope of
products covered by the CPWG
recommendations. In addition, the
proposed definition of wet rotor
circulator pump does not have such a
horsepower limitation provision
because, unlike dry rotor circulator
pumps, wet rotor circulator pumps are
not found in larger horsepower that
would otherwise be regulated as a
commercial and industrial pump. For
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fundamental test standard (i.e., HI 40.6–
2021), with identical equipment
accuracy requirements and test
tolerances. In addition, DOE stated that
circulator pumps would realize similar
performance variability to other
commercial and industrial equipment,
such as general pumps and dedicatedpurpose pool pumps, based on a
statistical analysis conducted by DOE
discussed in section III.F.2 of this
document. Id. at 86 FR 72126.
DOE also stated that in addition to
CEI, the rated hydraulic horsepower
would be an important characteristic for
determining the applicability of the
proposed test procedure to a given
circulator pump model. Specifically,
rated hydraulic horsepower would
determine the scope of applicability of
the proposed test procedure for dryrotor close-coupled circulator pump and
dry-rotor mechanically-coupled
circulator pump. DOE proposed that the
representative value of rated hydraulic
horsepower be determined as the
average of all the tested units that serve
as the basis for the rated efficiency for
that basic model. Similarly, DOE also
proposed that true RMS current, true
RMS voltage, true power factor, input
power, and the flow and head at BEP at
each load point be determined based on
the average of the test results, for each
metric, from all the tested units that
serve as the basis for the rating for that
basic model. Id. at 86 FR 72126–72127.
Finally, consistent with provisions for
other commercial and industrial
equipment, DOE noted the applicability
of certain requirements regarding
retention of certain information related
to the testing and certification of
circulator pumps, which are detailed
under 10 CFR 429.71. Generally,
manufacturers must establish, maintain,
and retain certification and test
information, including underlying test
data for all certification testing for 2
years from the date on which the
circulator pump model is discontinued
in commerce. Id. at 86 FR 72127.
DOE requested comment on the
proposed statistical sampling
procedures and certification
requirements for circulator pumps. Id.
HI commented on what it stated was
contradictory language within the NOPR
with regard to statistical sampling
procedures. HI stated that it agreed with
the proposed language to 10 CFR 429.59
at 86 FR 72137, which states in part:
‘‘Any representation of the constant
load pump energy index (PEICL),
variable load pump energy index
(PEIVL), circulator energy index (CEI),
or other measure of energy consumption
of a basic model for which consumers
would favor lower values shall be
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greater than or equal to the higher of:
. . .’’, while HI stated that the language
in the preamble text at 86 FR 72126
incorrectly used ‘‘lower’’. (HI, No. 9 at
p. 10) Grundfos agreed with the
proposed statistical sampling
procedures and certification
requirements. (Grundfos, No. 7 at p. 6)
Grundfos also stated that the discussion
recommendation diverges from the
current requirement in 10 CFR 429.59
for selecting the highest of the Mean CEI
and UCL/1.05 values. Grundfos stated
that the current language in the
regulation should also apply to
circulators.25 (Grundfos, No. 7 at p. 6)
DOE acknowledges the error in the
preamble of the December 2021 NOPR
and adopts the sampling plan as
proposed in the regulatory text. With
regard to the proposals related to
representative values of rated hydraulic
horsepower, true RMS current, true
RMS voltage, true power factor, input
power, and the flow and head at BEP at
each load point, DOE has determined
that as it has not yet proposed or
finalized certification reporting
requirements for circulator pumps, as
discussed in section III.E.2.d of this
document, it is only appropriate to
finalize the proposals related to
parameters necessary for determination
of scope (i.e., rated hydraulic
horsepower) and calculation of CEI (i.e.,
flow and head at BEP; input power
limited to relevant load points). Instead
of including specific provisions for true
RMS current, true RMS voltage, true
power factor, and input power at
unspecified points, which would be
premature, DOE is finalizing a provision
that requires the representative value of
any other reported value of a basic
model of circulator pump to be
determined based on the mean of that
value for each tested unit. DOE will
consider certification reporting
requirements in a separate rulemaking.
With regard to the requirements in 10
CFR 429.71 as discussed in the
December 2021 NOPR, DOE notes that
the records retention requirements are
applicable to certification reports and
the data underlying certification reports.
DOE reiterates that certification in
accordance with the test procedure
adopted in this final rule would not be
required until such time as compliance
were required with energy conservation
standards for circulator pumps, should
DOE establish such standards.
25 DOE notes that Grundfos included this
statement in response to a request for comment
about enforcement provisions, but DOE believes it
is actually in reference to the sampling plan. (See
Grundfos, No. 7 at p. 6)
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57289
2. Enforcement Provisions
In the December 2021 NOPR, DOE
stated that enforcement provisions
govern the process DOE would follow
when performing an assessment of basic
model compliance with standards, as
described under subpart C of 10 CFR
part 429. Specifically, subpart C of 10
CFR part 429 describes the notification
requirements, legal processes, penalties,
specific prohibited acts, and testing
protocols related to testing covered
equipment to determine or verify
compliance with standards. DOE
proposed that the same general
enforcement provisions contained in
subpart C of 10 CFR part 429 would be
applicable to circulator pumps. 86 FR
72096, 72127.
Related to enforcement testing of
circulator pumps, as specified in 10 CFR
429.110(e)(1), DOE proposed that it
would conduct the applicable circulator
pump test procedure, once adopted, to
determine the CEI for tested circulator
pump models. DOE proposed circulatorpump specific enforcement testing
provisions for 10 CFR 429.134.26
Specifically, if a manufacturer did not
certify a control setting, DOE would test
the circulator pump model using the no
controls test method if no controls were
available, or if controls are available,
DOE would test using the test method
for any one of the available control
varieties on board. DOE requested
comment on how, absent information on
the tested control method for a basic
model, DOE should determine which
test method to conduct. Id.
HI agreed with DOE’s proposed
methodology for determining which test
method to conduct and recommended
that DOE make the tested control
method a mandatory entry in the data
upload template. (HI, No. 9 at p. 10)
Grundfos stated that DOE should rely on
published literature on the product, and
absent that information DOE should
select any available control method for
testing. (Grundfos, No. 7 at p. 6)
In response to HI, DOE will address
the certification requirements and
template in a separate rulemaking. In
response to Grundfos, DOE has
determined that it does not need to rely
on manufacturer literature to identify an
appropriate control method for testing;
any control method available on board
the circulator may be tested. As such,
DOE is finalizing its proposal that if a
manufacturer does not certify a control
setting, DOE would test the circulator
pump model using the no controls test
method if no controls were available, or
26 DOE intends to propose certification
requirements in a separate energy conservation
standards rulemaking.
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if controls are available, DOE would test
using the test method for any one of the
available control varieties on board.
In the December 2021 NOPR, DOE
noted that the CPWG recommended that
for pressure controls, manufacturers
choose the factory control logic to test,
report the control setting used for rating,
and report the method of control
(automatic speed adjustment, manual
speed adjustment, or simulated pressure
signal adjustment). (Docket No. EERE–
2016–BT–STD–0004, No. 58
Recommendation #9 at p. 7) However,
DOE proposed that it would test using
the specified control curve but would
always use the automatic control option
for testing of pressure controls, to
ensure that any rated CEI is
representative of commercially available
performance, as distributed in
commerce. In addition, for circulator
pumps rated with adaptive pressure
controls, DOE proposed to test the
circulator pump using the manual
control option that results in the lowest
head values at each test point below
maximum speed. This would ensure
that, if the minimum head thresholds
are not accessible via the commercially
available control with which the pump
is distributed in commerce, a
representative CEI can still be obtained
for the compliance of that circulator
pump to be assessed. If a specified
control curve is not available, DOE
proposed to test using any control that
meets the requirements specified in the
pressure control test method. DOE
stated that it would consider adopting
more specific provisions in the final
rule given feedback on the most
appropriate selection criteria. 86 FR
72096, 72127.
For manual speed controls and
external input signal controls, the
CPWG recommended testing at the
lowest speed setting that will achieve a
head at or above the reference curve.
(Docket No. EERE–2016–BT–STD–0004,
No. 58 Recommendation #9 at p. 7–8)
DOE noted that this requirement had
been removed in HI 41.5–2021. For
external input signal controls and
temperature controls, DOE proposed
that it would conduct enforcement
testing with this provision. DOE stated
that if manual speed control testing is
allowed below the reference curve, this
provision would not be applicable to
certification testing. However, to
provide certainty as to how DOE would
conduct enforcement testing DOE
proposed to specify that it would
conduct testing using the speed setting
closest to each of the head points
specified by the reference system curve
(above or below). 86 FR 72096, 72127.
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DOE requested comment on the
proposed product-specific enforcement
testing provisions for circulator pumps,
particularly with regard to the
appropriate control curve for pressure
controls (when not specified) and the
appropriate speed settings for other
control methods. Id.
HI stated that to clarify, DOE should
test at the lowest head at or above the
reference curve for 75, 50, and 25
percent of BEP flow that is within the
manufacturer’s literature. HI
recommended that for the 100 percent
BEP flow point, DOE should use the
curve fitted 100 percent BEP point as
the anchor point. (HI, No. 9 at p. 10)
Grundfos stated that DOE should
clarify that adaptive pressure controls
will be manually tested with the
following parameters: (1) test the points
below 100 percent flow as close to the
reference curve as possible, still meeting
the +¥5% flow requirements, and (2)
all test points will be conducted within
the operating parameters of the
identified adaptive control method (e.g.,
H_min_set, Hmax, etc.) to ensure that
the resultant CEI reflects test points
achievable in the field. (Grundfos, No. 7
at p. 6)
Upon review, DOE has determined
that additional product-specific
enforcement provisions are not needed
for circulator pumps. In HI 41.5–2022,
industry has determined that it is not
necessary to specify ‘‘lowest speed’’ as
part of the test methods. In addition, HI
41.5–2022 section 41.5.5.3 requires
manufacturers to report to HI the control
type(s) the circulator pumps is rated
with as well as, where applicable, the
control curve setting used and
numerical description of the control
curve as a function of flow rate (gpm)
and head (ft). As such, DOE has
determined that it will be sufficient for
DOE to test the circulator pump in
accordance with the control curve
description and equation with which
the circulator pumps was rated.
As circulator pumps have relatively
large shipments and are generally a
high-volume piece of equipment, in the
December 2021 NOPR, DOE proposed to
use, when determining performance for
a specific basic model, the enforcement
testing sample size, calculations, and
procedures laid out in appendix A to
subpart C of 10 CFR part 429 for
consumer products and certain highvolume commercial equipment. These
procedures, in general, provide that
DOE would test an initial sample of at
least 4 units and determine the mean
CEI value and standard error of the
sample. DOE would then compare these
values to the CEI standard level, once
adopted, to determine the compliance of
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the basic model or if additional testing
(up to a total of 21 units) is required to
make a compliance determination with
sufficient confidence. 86 FR 72096,
72127.
DOE noted that this proposal differs
from the enforcement testing sample
size and calculations for DOE adopted
for general pumps in the January 2016
TP final rule. Specifically, in the
January 2016 TP final rule, DOE
adopted provisions at 10 CFR
429.110(e)(5) 27 stating that DOE would
assess compliance of any pump basic
models undergoing enforcement testing
based on the arithmetic mean of up to
four units. 81 FR 4086, 4121. In the
August 2017 DPPP TP final rule, DOE
also adopted the enforcement testing
sample provisions in appendix A and
clarified that the enforcement
provisions adopted in the January 2016
TP final rule and specified at 10 CFR
429.110(e)(5) are only applicable to
those pumps subject to the test
procedure adopted in the January 2016
TP final rule. 82 FR 36858, 36910. In the
December 2021 NOPR, DOE stated that
circulator pumps should be treated
similarly to DPPP because of the
shipments and high volume of the
equipment. 86 FR 72096, 72127–72128.
DOE requested comment on the
proposal to apply to circulator pumps
the enforcement testing sample size,
calculations, and procedures laid out in
appendix A to subpart C of 10 CFR part
429. Id. at 86 FR 72128.
HI stated that the standard
methodology laid out in appendix A to
subpart C of 10 CFR part 429 applies to
products where the representative value
of efficiency is larger for more efficient
products. HI noted that CEI has lower
values for more efficient products;
therefore, appendix A is not applicable
unless the determinations are inverted.
(HI, No. 9 at p. 10) Grundfos also stated
that appendix A applies to regulated
products where the representative
measure is higher for more efficient
product and therefore does not apply to
circulators. (Grundfos, No. 7 at p. 6)
In response to HI and Grundfos, DOE
notes that while section (e) of appendix
A applies to products where the
representative value of efficiency is
larger for more efficient products (i.e.,
subject to an energy efficiency
standard), section (f) applies to products
that have lower values for more efficient
products (i.e., subject to an energy
27 DOE notes that the 2016 general pumps TP
final rule were originally adopted into 10 CFR
429.110(e)(1)(iv), but a recent rulemaking for battery
chargers reorganized the enforcement provisions for
various equipment, including pumps, to place the
pump enforcement provisions in 10 CFR
429.110(e)(5). 81 FR 31827, 31841 (May 20, 2016).
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consumption standard). As such, DOE is
applying to circulator pumps the
enforcement testing sample size,
calculations, and procedures laid out in
appendix A to subpart C of 10 CFR part
429 as proposed in the December 2021
NOPR.
In the December 2021 NOPR, DOE
noted that the rated hydraulic
horsepower would be necessary to
determine the scope of applicability of
the test procedure to certain circulator
pump varieties (i.e., dry-rotor closecoupled circulator pump and dry-rotor
mechanically-coupled circulator pump).
Therefore, DOE proposed specific
procedures to determine the rated
hydraulic horsepower of tested
circulator pumps when verifying
compliance. When determining
compliance of any units tested for
enforcement purposes, DOE proposed
that, if the rated hydraulic horsepower
determined through DOE’s testing
(either the measured rated hydraulic
horsepower for a single unit sample or
the average of the measured rated
hydraulic horsepower values for a
multiple unit sample) is within 5
percent of the certified value of rated
hydraulic horsepower, then DOE would
use the certified value of rated hydraulic
horsepower as the basis for determining
the scope of applicability for that
circulator pump model. However, if
DOE’s tested value of hydraulic
horsepower is not within 5 percent of
the certified value of hydraulic
horsepower, DOE would use the
arithmetic mean of all the hydraulic
horsepower values resulting from DOE’s
testing when determining the scope of
applicability for the circulator pump
model. DOE stated such an approach
would result in more reproducible and
equitable compliance determinations
among DOE, manufacturers, and test
labs. 86 FR 72096, 72128.
DOE sought comment upon the
applicability of a 5 percent tolerance on
rated hydraulic horsepower for each
tested circulator pump model or if a
higher or lower percentage variation
would be justified. Id.
HI stated that based on the
uncertainties listed in HI 40.6–2021, it
agreed with DOE’s proposal. (HI, No. 9
at p. 10) Grundfos also agreed with the
proposal. (Grundfos, No. 7 at p. 6)
DOE notes that while the preamble to
the December 2021 NOPR explained
this proposal and solicited comment,
the corresponding draft regulatory text
for this provision was erroneously
omitted in the December 2021 NOPR.
Given stakeholder support for the
proposal and for the reasons discussed
previously and in the December 2021
NOPR, in this final rule, DOE adopts the
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product-specific enforcement provisions
related to hydraulic horsepower for
circulator pumps as described in the
December 2021 NOPR preamble.
G. Representations of Energy Use and
Energy Efficiency
In the December 2021 NOPR, DOE
stated that manufacturers of circulator
pumps within the scope of the proposed
circulator pump test procedure, if
finalized, would be required to use the
test procedures proposed in this
rulemaking when making
representations about the energy
efficiency or energy use of their
equipment. 86 FR 72096, 72128.
Specifically, 42 U.S.C. 6314(d) provides
that ‘‘no manufacturer . . . may make
any representation . . . respecting the
energy consumption of such equipment
or cost of energy consumed by such
equipment, unless such equipment has
been tested in accordance with such test
procedure and such representation
fairly discloses the results of such
testing.’’
DOE stated that, if made final, the
proposed test procedure would not
require manufacturers to test the subject
circulator pumps. However, beginning
180 days after publication of a final rule
that adopts a test procedure for
circulator pumps, any voluntary
representations as to the energy
efficiency or energy use of a subject
circulator pump would be required to be
based on the DOE test procedure. (42
U.S.C. 6314(d)); 86 FR 72096, 72128.
With respect to representations,
generally, DOE stated that
manufacturers often make
representations (graphically or in
numerical form) of energy use metrics,
including overall (wire-to-water)
efficiency, driver power input, and/or
pump power output (hydraulic
horsepower) and may make these
representations at a variety of different
load points or operating speeds. DOE
proposed to allow manufacturers to
continue making these representations.
To ensure consistent and standardized
representations across the pump
industry and to ensure such
representations are not in conflict with
the reported CEI for any given circulator
pump model, DOE proposed to establish
testing procedures for these parameters
that are part of the DOE test procedure
and that while manufacturers would not
be required to make representations
regarding the performance of circulator
pumps using these additional metrics,
to the extent manufacturers wish to do
so, they would be required to do so
based on testing in accordance with the
DOE test procedure. In addition, as
noted in section III.C of this document,
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the CPWG-recommended method of
determining PERSTD, if adopted by DOE,
would require tested hydraulic
horsepower of the rated circulator pump
at one or more specific load points. 86
FR 72096, 72128.
DOE noted that overall (wire-to-water)
efficiency, driver power input, and/or
pump power output (hydraulic
horsepower) are already parameters that
are described in HI 40.6–2021, which
DOE proposed to incorporate by
reference in the DOE test procedure.
DOE stated that further specification is
not necessary regarding the
determination of these parameters. DOE
noted that HI 40.6–2021 does not
include explicit instructions for
determining pump power output at
specific load points; however, section
E.3.2 specifies determination of the
circulator pump total head versus flow
rate curve based on a polynomial of the
6th order, and DOE assumed this curve
would be used to calculate pump power
output at any relevant load point. Id.
DOE requested comment on its
proposal to adopt provisions for the
measurement of several other circulator
pump metrics, including overall (wireto-water) efficiency, driver power input,
and/or pump power output (hydraulic
horsepower). Id. DOE also requested
comment on its belief that HI 40.6–2021
contains all the necessary methods to
determine overall (wire-to-water)
efficiency, driver power input, and/or
pump power output (hydraulic
horsepower) and that further
specification is not necessary. 86 FR
72096, 72129.
HI agreed that the load point pump
power output would be calculated based
on the flow and head curve as identified
in HI 40.6–2021 section E.3.2. (HI, No.
9 at p. 11) HI and Grundfos agreed that
no further specification is necessary in
HI 40.6–2021. (HI, No. 9 at p. 11;
Grundfos, No .7 at p. 7)
HI stated that it is not realistic for
circulator manufacturers to update
literature for all circulators 180 days
after the final rule is published. HI
stated that specifically for products that
will be discontinued after the
compliance date, the test burden
required would be orders of magnitude
greater than the current test burden, and
that the additional testing burden was
not considered when DOE evaluated the
impact on manufacturers. (HI, No. 9 at
pp. 10–11) Grundfos also stated that the
provisions, combined with a 180-day
implementation, would be a large
increase in burden for management of
data and updating literature across all
possible representations. Grundfos
added that this provision does not
address multi-market products (e.g., US
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an EU) where both regions will require
representations of the same data using
different test methods. (Grundfos, No. 7
at p. 6)
In response to HI and Grundfos, DOE
has determined that in order to meet its
stated goal in the December 2021 NOPR
of ensuring representations of metrics
other than CEI are not in conflict with
the reported CEI for any given circulator
pump model, it is only necessary to
finalize provisions related to circulator
pump metrics that are used in the
determination of CEI, specifically flow
and head at BEP and pump power
output and driver power input at load
points used in the determination of CEI,
including the rated hydraulic
horsepower. Instead of finalizing
provisions specific to other metrics that
may or may not be reported to DOE,
which would be premature, DOE is
limiting the adopted provision to state
that any other reported performance
parameters must be determined based
on testing according to the DOE test
procedure. This is consistent with the
discussion in sections III.E.2.d and
III.F.1 of this document with respect to
rounding and representation provisions.
DOE expects that by reducing the scope
of the metrics to which the test
procedure provisions apply, DOE has
sufficiently mitigated the burden
concerns expressed by HI and Grundfos.
DOE will consider certification
reporting requirements in a separate
rulemaking. In addition, DOE notes that
if manufacturers do not make voluntary
representations of CEI prior to the
compliance date of any relevant energy
conservation standards, then the
concerns about conflicts with CEI would
not apply.
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H. Test Procedure Costs and
Harmonization
1. Test Procedure Costs and Impacts
This final rule establishes a test
procedure for circulator pumps by
incorporating by reference the test
methods established in HI 40.6–2021,
‘‘Methods for Rotodynamic Pump
Efficiency Testing,’’ with certain
exceptions. Additionally, DOE is
establishing representations, and
enforcement provisions for circulator
pumps that would be added to 10 CFR
parts 429 and 431, respectively.
DOE is incorporating, by reference,
the test methods established in HI 40.6–
2021, ‘‘Methods for Rotodynamic Pump
Efficiency Testing,’’ with certain
exceptions. The test results are
necessary for calculating the CEI to
represent the energy consumption of the
circulator pump, inclusive of a motor
and any controls, and determine the
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minimum test sample (i.e., number of
units) and permitted method of
determining represented values.
DOE has determined that the test
procedure established in this final rule
would not be unduly burdensome, given
that DOE is referencing the prevailing
industry test procedure. Furthermore,
compliance with the test procedure in
this final rule is not required until such
a time DOE adopts energy efficiency
standards for circulator pumps, or if a
manufacturer chooses to make voluntary
representations. Accordingly, DOE has
determined that this final rule
establishes DOE test procedures that are
reasonably designed to produce test
results, which reflect energy efficiency
and energy use of circulator pumps
during a representative average use
cycle and would not be unduly
burdensome for manufacturers to
conduct.
In the December 2021 NOPR, DOE
presented the maximum expected
testing burden associated with testing
equipment and procedure consistent
with the requirements of the proposed
test procedure should a manufacturer
not already be testing to HI 40.6–2021.
86 FR 72096, 72129. DOE considered
also the capital conversion costs and
labor costs for a manufacturer to
conduct testing in-house. Capital cost
estimates are based on previous
manufacturer interviews and
stakeholder comments. The following
sections detail those costs in specifics.
a. Estimated Capital Costs for Testing
Circulator Pumps
In the maximum-burden case where a
circulator pump manufacturer would be
required to construct a test lab from
scratch, manufacturers would be
required to make capital outlays to
acquire test equipment.
The first necessary item for testing a
circulator pump is a water reservoir to
hold the water that the pump circulates
during testing. Manufacturers provided
estimates to DOE on the cost of water
reservoirs for a variety of sizes. The
water reservoir sizes provided from
manufacturers varied between 5 gallons
and 1,500 gallons, as some
manufacturers also use their water
reservoirs to test larger pumps. Based on
the information provided, DOE
estimated in the December 2021 NOPR
that the cost of a water reservoir to test
circulator pumps to be approximately
$9.30 per gallon. Because the circulator
pumps are typically less than 5 hp in
output, DOE used a 100-gallon water
reservoir as a typical size and thus
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estimates the cost at approximately $930
for the water reservoir.28 Id.
To complete the circulator pump test
loop, assorted piping and valves would
be necessary to circulate water from the
reservoir to the pump and regulate the
flow and head of the water. Multiple
diameter pipes, valves, and associated
fittings may be required to
accommodate different size circulator
pumps. The total costs for the values
and piping will vary on pipe diameter
as well as the actual testing laboratory
configuration. In the December 2021
NOPR, DOE estimated a cost of $2,745
for the piping and valves necessary to
test the circulator pumps within the
scope of the proposed test procedure.29
Id.
The proposed DOE test procedure also
requires the power supply
characteristics (i.e., voltage, frequency,
voltage unbalance, and total harmonic
distortion) to be maintained within
specific values. Specifically, the
proposed power supply requirements
must be within a certain percent of the
rated voltage, frequency, and voltage
unbalance. Also, the total harmonic
distortion must be limited throughout
the test. In some situations,
manufacturers may be required to
acquire power conditioning equipment
to ensure the power supplied to the
circulator pump motor or control is
within the required tolerances. Based on
the estimates DOE researched for power
supplies as well as incorporated
estimates provided by manufacturers of
possible equipment costs, DOE
estimated the cost for power
conditioning equipment as $2,200.30 Id.
The circulator pump test procedure in
this final rule contains requirements
regarding the characteristics and
accuracy of the measurement necessary
for determining relevant measured
quantities. The primary measurement
equipment includes flow measuring
equipment, pressure measuring
equipment, and electrical measuring
equipment.
Test facilities would need equipment
to measure the flow rate in gallons per
minute to verify that the circulator
pump is operating at the applicable load
point. Manufacturers indicated that, for
flow measurement equipment, they
utilized magnetic flow measurement
devices. These magnetic flow
28 DOE based this cost estimate on information
gathered from manufacturers during the 2016
CPWG meetings.
29 DOE based this cost estimate on information
gathered from manufacturers during the 2016
CPWG meetings.
30 DOE based this cost estimate on information
gathered from manufacturers during the 2016
CPWG meetings.
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measurement devices vary in price
based on the range of the device to
accommodate different sizes of
circulator pumps. DOE researched flow
measurement devices, as well as
referenced feedback from manufacturer
interviews about the typical prices of
various sizes of flow measurement
devices. In the December 2021 NOPR,
DOE estimated a typical flow
measurement equipment capable of
accommodating the full range of
circulator pumps subject to this
proposed test procedure to be $4,400.31
Id. at 86 FR 72129–72130.
Pressure measurement equipment
could include a manometer, bourdon
tube, digital indicator, or a transducer.
Manufacturers provided information as
to which pressure measurement device
they utilize and the approximate cost of
such device. DOE’s research indicated
that most manufacturers utilize
differential pressure transducers to
measure pressure in the test setup. In
the December 2021 NOPR, DOE
estimated the average cost of the
pressure measurement devices to be
$1,650.32 Id. at 86 FR 72130.
Finally, electrical measurement
equipment is necessary to determine the
input power to the circulator pump, as
measured at the input to the motor or
controls (if present). There are multiple
devices that can measure power and
energy values. However, DOE includes
specific requirements regarding the
accuracy and quantities measured for
such power measuring equipment, as
discussed in section III.E.1 of this
document. In this case, only specific
power analyzers and watt-amp-volt
meters with the necessary accuracy can
measure RMS voltage, RMS current, and
real power up to at least the 40th
harmonic of fundamental supply source
frequency and having an accuracy level
of ±2.0 percent of the measured value
when measured at the fundamental
supply source frequency. DOE
researched equipment as well as
inquired with manufacturers about the
equipment used and related costs. DOE
estimated the typical cost for the
electrical measurement equipment to
conduct this proposed test procedure is
$4,400.33 Id.
Additionally, temperature
measurements would be necessary to
perform the test procedure. To verify
31 DOE based this cost estimate on information
gathered from manufacturers during the 2016
CPWG meetings.
32 DOE based this cost estimate on information
gathered from manufacturers during the 2016
CPWG meetings.
33 DOE based this cost estimate on information
gathered from manufacturers during the 2016
CPWG meetings.
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that the testing fluid (i.e., clear water) is
within the specified temperature range,
testing facilities will also need to
measure temperature. DOE estimated a
cost of $220 for potential temperature
measurement devices.34 Id.
Finally, to ensure that all data are
taken simultaneously and properly
recorded, a data acquisition system
might also be necessary. DOE
researched data acquisition systems
necessary for the test procedure and
estimated the typical cost for a data
acquisition system as $21,000.35 Id.
In total, DOE estimated the cost of
acquiring all the necessary equipment to
perform the proposed circulator pump
test procedure as approximately
$37,600, if a manufacturer needed to
purchase all the testing equipment
described in this section. In the
December 2021 NOPR, DOE requested
comment on its understanding of the
capital cost burden associated with its
proposed test procedure. Id.
In response, HI stated that a capital
investment range of $20,000–$37,600 for
HI members with existing laboratories
was sufficient. For manufacturers that
would need to create a circulator pumpspecific test laboratory, HI estimated
conversion costs could exceed DOE’s
high-end estimate of $37,600. (HI, No. 9
at p. 11) Grundfos agreed with HI that
opening a lab would exceed the highend estimate and elaborated by
explaining there are additional costs
that are not related to test equipment.
(Grundfos No. 7 at p. 7)
While DOE recognizes there would be
costs to develop a test laboratory
specific to circulator pumps, DOE notes
that the majority of circulator pump
manufacturers have indicated they
already have existing testing capabilities
to verify equipment performance, as
well as certify performance for other
applicable circulator pump programs.36
In response to the December 2021
NOPR, HI stated that all members have
implemented the capital investments
necessary to have their labs certified
under the HI Pump Test Laboratory
Program and to properly test and rate
circulators as part of the HI Energy
Rating program. (HI, No. 9 at p. 11)
Comments were not received regarding
the specific test facility cost estimates.
DOE has determined that its estimated
$37,600 capital cost as a maximum-case
estimate is representative of the
34 DOE based this cost estimate on information
gathered from manufacturers during the 2016
CPWG meetings.
35 DOE based this cost estimate on information
gathered from manufacturers during the 2016
CPWG meetings.
36 See section III.B.1 for a review of applicable
circulator pump regulatory and voluntary programs.
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57293
maximum burden a manufacturer could
incur. However, DOE notes that is not
representative of the likely eventual
burden to most manufacturers.
b. Estimated Labor Costs for Testing
Circulator Pumps
This final rule includes requirements
regarding the sampling plan and
representations for covered circulator
pumps at subpart B of part 429 of title
10 of the Code of Federal Regulations.
The sampling plan requirements are
similar to those for several other types
of commercial equipment and, among
other things, require a sample size of at
least two units per circulator pump
basic model be tested when determining
representative values CEI, as well as
other circulator pump performance
metrics.
In the December 2021 NOPR, DOE
estimated the fully burdened
mechanical engineering technician wage
of $41.46/hr.37 DOE estimated an
average of 7.5 hours per pump. DOE
calculated the total cost of labor for
testing a circulator pump to be
approximately $622 per basic model.38
86 FR 72096, 72130.
In the December 2021 NOPR, DOE
requested comment on the estimated
time and costs to complete a test of a
single circulator pump basic model
under the proposed test procedure. Id.
Grundfos commented that DOE
underestimated the cost for testing
because the estimate only included the
testing portion and stated that
additional testing tasks such as product
scoping, test planning, data
management, and required
documentation updates are not captured
in the analysis. (Grundfos, No. 7 at p. 7)
HI provided laboratory technician and
engineer labor estimates of twelve hours
and six hours per basic model,
respectively. (HI, No. 9 at p. 11) In
response, DOE updated its labor
estimate to arrive at a labor testing cost
of $1,088 per basic model.39 40
37 DOE estimated the hourly wage using data from
BLS’s ‘‘Occupational Employment and Wages, May
2020’’ publication. DOE used the ‘‘Mechanical
Engineering Technologies and Technicians’’ mean
hourly wage of $29.27 to estimate the hourly wage
rate (www.bls.gov/oes/current/oes173027.htm). DOE
then used BLS’s ‘‘Employer Costs for Employee
Compensation—June 2021’’ to estimate that wages
and salary account for approximately 70.6 for
private industry workers. (www.bls.gov/
news.release/archives/ecec_09162021.pdf). Last
accessed on May 15, 2022. Therefore, DOE
estimated a fully-burdened labor rate of $41.46
($29.27 ÷ 0.706 = $41.46),
38 7.5 mechanical engineering technician hours ×
$41.46/hr × 2 units per basic model = $621.90
(rounded to $622).
39 DOE identified the hourly wage using data from
BLS’s ‘‘Occupational Employment and Wages, May
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2. Harmonization With Industry
Standards
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DOE’s established practice is to adopt
relevant industry standards as DOE test
procedures unless such methodology
would be unduly burdensome to
conduct or would not produce test
results that reflect the energy efficiency,
energy use, water use (as specified in
EPCA) or estimated operating costs of
that product during a representative
average use cycle. Section 8(c) of
appendix A of 10 CFR part 430 subpart
C; 10 CFR 431.4. In cases where the
industry standard does not meet EPCA
statutory criteria for test procedures,
DOE will make modifications through
the rulemaking process to these
standards as the DOE test procedure.
The industry standard DOE is
incorporating by reference via proposals
described in the NOPR (see 86 FR
72096, 72131) is discussed in further
detail in section IV.N of this document.
HI commented that the testing
outlined in the December 2021 NOPR
adds some burden without any benefit
and that DOE should stay consistent
with HI 41.5. HI asserted that to test the
100 percent BEP flow at maximum
speed for Manual Speed Controls and
External Input Signal Controls the same
way as for Pressure and Temperature
Controls as proposed in Table III.2 of
the December 2021 NOPR and this
document would be a burden without
any benefit since it is a repetition of
already determined data without
improvement in accuracy. For this
reason, HI recommended that DOE stay
consistent with HI 41.5 and not require
this. Further, individual values of RMS
voltage, RMS current, and True Power
Factor are not always available;
therefore, requiring mandatory reporting
of this data would add burden without
additional energy benefits. (HI, No. 9 at
pp. 11–12) Grundfos agreed with the
inclusion of industry standards in this
rulemaking. (Grundfos, No. 7 at p. 7)
DOE is incorporating, by reference,
sections of HI 41.5 that include testing
of Manual Speed Controls and External
Input Signal Controls. This is
respectively discussed further in
sections III.D.5 and III.D.6 of this
document. The rounding requirements
2021’’ publication. DOE used the ‘‘Mechanical
Engineering Technologies and Technicians’’ and
‘‘Mechanical Engineer’’ mean hourly wages of
$30.47 and $46.64, respectively, to estimate the
hourly wage rate (https://www.bls.gov/oes/current/
oes_nat.htm). DOE then used BLS’s ‘‘Employer
Costs for Employee Compensation—December
2021’’ to estimate that wages and salary account for
approximately 70.6 for private industry workers.
40 ((16 technician hours × $43.22/hr) + (6 engineer
hours × $66.16/hr)) × (2 units per basic model) =
$1,088 per basic model.
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for metrics that are voluntary to report
are provided in section III.E.2.d of this
document. In addition, DOE is adopting
test methods and calculations for
circulator pumps with certain control
varieties by incorporating certain
sections of HI 41.5–2022.
DOE is also adopting through
reference, sections of HI 40.6–2021,
which is discussed in section III.E.2 of
this document, in order to appropriately
address circulator pump testing as
specific from other rotodynamic pump
testing.
I. Compliance Date
The effective date for the adopted test
procedure amendment will be 30 days
after publication of this final rule in the
Federal Register. EPCA prescribes that
all representations of energy efficiency
and energy use, including those made
on marketing materials and product
labels, must be made in accordance with
an amended test procedure, beginning
180 days after publication of the final
rule in the Federal Register. (42 U.S.C.
6314(d)(1)) EPCA provides an allowance
for individual manufacturers to petition
DOE for an extension of the 180-day
period if the manufacturer may
experience undue hardship in meeting
the deadline. (42 U.S.C. 6314(d)(2)) To
receive such an extension, petitions
must be filed with DOE no later than 60
days before the end of the 180-day
period and must detail how the
manufacturer will experience undue
hardship. (Id.)
IV. Procedural Issues and Regulatory
Review
A. Review Under Executive Orders
12866 and 13563
Executive Order (‘‘E.O.’’)12866,
‘‘Regulatory Planning and Review,’’ as
supplemented and reaffirmed by E.O.
13563, ‘‘Improving Regulation and
Regulatory Review, 76 FR 3821 (Jan. 21,
2011), requires agencies, to the extent
permitted by law, to (1) propose or
adopt a regulation only upon a reasoned
determination that its benefits justify its
costs (recognizing that some benefits
and costs are difficult to quantify); (2)
tailor regulations to impose the least
burden on society, consistent with
obtaining regulatory objectives, taking
into account, among other things, and to
the extent practicable, the costs of
cumulative regulations; (3) select, in
choosing among alternative regulatory
approaches, those approaches that
maximize net benefits (including
potential economic, environmental,
public health and safety, and other
advantages; distributive impacts; and
equity); (4) to the extent feasible, specify
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performance objectives, rather than
specifying the behavior or manner of
compliance that regulated entities must
adopt; and (5) identify and assess
available alternatives to direct
regulation, including providing
economic incentives to encourage the
desired behavior, such as user fees or
marketable permits, or providing
information upon which choices can be
made by the public. DOE emphasizes as
well that E.O. 13563 requires agencies to
use the best available techniques to
quantify anticipated present and future
benefits and costs as accurately as
possible. In its guidance, the Office of
Information and Regulatory Affairs
(‘‘OIRA’’) in the Office of Management
and Budget (‘‘OMB’’) has emphasized
that such techniques may include
identifying changing future compliance
costs that might result from
technological innovation or anticipated
behavioral changes. For the reasons
stated in the preamble, this final
regulatory action is consistent with
these principles.
Section 6(a) of E.O. 12866 also
requires agencies to submit ‘‘significant
regulatory actions’’ to OIRA for review.
OIRA has determined that this final
regulatory action does not constitute a
‘‘significant regulatory action’’ under
section 3(f) of E.O. 12866. Accordingly,
this action was not submitted to OIRA
for review under E.O. 12866.
B. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of a final regulatory flexibility analysis
(‘‘FRFA’’) for any final rule that by law
must be proposed for public comment,
unless the agency certifies that the rule,
if promulgated, will not have a
significant economic impact on a
substantial number of small entities. As
required by Executive Order 13272,
‘‘Proper Consideration of Small Entities
in Agency Rulemaking,’’ 67 FR 53461
(August 16, 2002), DOE published
procedures and policies on February 19,
2003, to ensure that the potential
impacts of its rules on small entities are
properly considered during the DOE
rulemaking process. 68 FR 7990. DOE
has made its procedures and policies
available on the Office of the General
Counsel’s website: www.energy.gov/gc/
office-general-counsel.
DOE conducted an initial regulatory
flexibility analysis (‘‘IRFA’’) as part of
the December 2021 NOPR. As part of the
IRFA, DOE initially concluded that it
would be unlikely for small business
manufacturers to incur significant
burden as result of the proposed test
procedure given that: (1) most
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manufacturers are already testing to HI
40.6–2021 and (2) testing would not be
required until a time DOE established
energy conservation standards for
circulator pumps or a manufacturer
choose to make voluntary
representations. 86 FR 72096, 72131–
72133. DOE reviewed the test
procedures in this final rule under the
provisions of the Regulatory Flexibility
Act and the procedures and policies
published on February 19, 2003.
EPCA 41 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 C 42 of EPCA, added
by Public Law 95–619, Title IV, section
441(a) (42 U.S.C. 6311–6317 as
codified), established the Energy
Conservation Program for Certain
Industrial Equipment, which sets forth a
variety of provisions designed to
improve energy efficiency. This
equipment includes pumps, the subject
of this document. (42 U.S.C. 6311(1)(A))
For manufacturers of circulator
pumps, the Small Business
Administration (‘‘SBA’’) has set a size
threshold, which defines those entities
classified as ‘‘small businesses’’ for the
purposes of the statute. DOE used the
SBA’s small business size standards to
determine whether any small entities
would be subject to the requirements of
the rule. In 13 CFR 121.201, the SBA
sets a threshold of 750 employees or
fewer for an entity to be considered as
a small business for this category. The
equipment covered by this rule are
classified under North American
Industry Classification System
(‘‘NAICS’’) code 333914,43 ‘‘Measuring,
Dispensing, and Other Pumping
Equipment Manufacturing.’’
DOE used publicly available
information to identify small businesses
that manufacture circulator pumps
covered in this rulemaking. DOE
identified ten companies that are OEMs
of circulator pumps covered by this
rulemaking. DOE screened out
companies that do not meet the
definition of a ‘‘small business’’ or are
foreign-owned and operated. DOE
identified three small, domestic OEMs
using subscription-based business
information tools to determine the
41 All references to EPCA in this document refer
to the statute as amended through the Energy Act
of 2020, Public Law 116–260 (Dec. 27, 2020)),
which reflect the last statutory amendments that
impact Parts A and A–1 of EPCA.
42 For editorial reasons, upon codification in the
U.S. Code, Part C was redesignated Part A–1.
43 The size standards are listed by NAICS code
and industry description and are available at:
www.sba.gov/document/support--table-sizestandards (Last accessed on May 1, 2022).
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number of employees and revenue of
the potential small businesses.
Given that DOE is referencing the
prevailing industry test procedure, DOE
has determined the test procedure in
this final rule would not significantly
increase burden for circulator pump
manufacturers, including small
businesses. Furthermore, compliance
with the test procedure in this final rule
is not required until such a time DOE
adopts energy efficiency standards for
circulator pumps, or in the scenario a
manufacturer chooses to make voluntary
representations.
Therefore, on the basis of the de
minimis compliance burden, DOE
certifies that this final rule does not
have a ‘‘significant economic impact on
a substantial number of small entities,’’
and that the preparation of a FRFA is
not warranted. DOE will transmit a
certification and supporting statement
of factual basis to the Chief Counsel for
Advocacy of the Small Business
Administration for review under 5
U.S.C. 605(b).
C. Review Under the Paperwork
Reduction Act of 1995
Although no energy conservation
standards have been established for
circulator pumps as of the publication
of this final rule, manufacturers of
circulator pumps would need to certify
to DOE that their products comply with
any potential future applicable energy
conservation standards. To certify
compliance, manufacturers must first
obtain test data for their products
according to the DOE test procedures,
including any amendments adopted for
those test procedures. DOE has
established regulations for the
certification and recordkeeping
requirements for all covered consumer
products and commercial equipment,
including pumps. (See generally 10 CFR
part 429.) The collection-of-information
requirement for the certification and
recordkeeping is subject to review and
approval by OMB under the Paperwork
Reduction Act (‘‘PRA’’). This
requirement has been approved by OMB
under OMB control number 1910–1400.
Public reporting burden for the
certification is estimated to average 35
hours per response, including the time
for reviewing instructions, searching
existing data sources, gathering and
maintaining the data needed, and
completing and reviewing the collection
of information.
Certification data will be required for
circulator pumps; however, DOE is not
establishing certification or reporting
requirements for circulator pumps in
this final rule. Instead, DOE may
consider proposals to establish
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57295
certification requirements and reporting
for circulator pumps under a separate
rulemaking regarding appliance and
equipment certification. DOE will
address changes to OMB Control
Number 1910–1400 at that time, as
necessary.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
D. Review Under the National
Environmental Policy Act of 1969
In this final rule, DOE establishes test
procedure amendments that it expects
will be used to develop and implement
future energy conservation standards for
circulator pumps. DOE has determined
that this rule falls into a class of actions
that are categorically excluded from
review under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and DOE’s
implementing regulations at 10 CFR part
1021. Specifically, DOE has determined
that adopting test procedures for
measuring energy efficiency of
consumer products and industrial
equipment is consistent with activities
identified in 10 CFR part 1021,
appendix A to Subpart D, A5 and A6.
Accordingly, neither an environmental
assessment nor an environmental
impact statement is required.
E. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (August 4, 1999), imposes
certain requirements on agencies
formulating and implementing policies
or regulations that preempt State law or
that have federalism implications. The
Executive order requires agencies to
examine the constitutional and statutory
authority supporting any action that
would limit the policymaking discretion
of the States and to carefully assess the
necessity for such actions. The
Executive order also requires agencies to
have an accountable process to ensure
meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications. On March 14, 2000, DOE
published a statement of policy
describing the intergovernmental
consultation process it will follow in the
development of such regulations. 65 FR
13735. DOE examined this final rule
and determined that it will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
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responsibilities among the various
levels of government. EPCA governs and
prescribes Federal preemption of State
regulations as to energy conservation for
the products that are the subject of this
final rule. States can petition DOE for
exemption from such preemption to the
extent, and based on criteria, set forth in
EPCA. (42 U.S.C. 6316(a); 42 U.S.C.
6297(d)) No further action is required by
Executive Order 13132.
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F. Review Under Executive Order 12988
Regarding the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (Feb. 7, 1996),
imposes on Federal agencies the general
duty to adhere to the following
requirements: (1) eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation; (3)
provide a clear legal standard for
affected conduct rather than a general
standard; and (4) promote simplification
and burden reduction. Section 3(b) of
Executive Order 12988 specifically
requires that executive agencies make
every reasonable effort to ensure that the
regulation (1) clearly specifies the
preemptive effect, if any; (2) clearly
specifies any effect on existing Federal
law or regulation; (3) provides a clear
legal standard for affected conduct
while promoting simplification and
burden reduction; (4) specifies the
retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. Section 3(c) of Executive Order
12988 requires Executive agencies to
review regulations in light of applicable
standards in sections 3(a) and 3(b) to
determine whether they are met or it is
unreasonable to meet one or more of
them. DOE has completed the required
review and determined that, to the
extent permitted by law, this final rule
meets the relevant standards of
Executive Order 12988.
G. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (‘‘UMRA’’) requires
each Federal agency to assess the effects
of Federal regulatory actions on State,
local, and Tribal governments and the
private sector. Public Law 104–4, sec.
201 (codified at 2 U.S.C. 1531). For a
regulatory action resulting in a rule that
may cause the expenditure by State,
local, and Tribal governments, in the
aggregate, or by the private sector of
$100 million or more in any one year
(adjusted annually for inflation), section
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18:10 Sep 16, 2022
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202 of UMRA requires a Federal agency
to publish a written statement that
estimates the resulting costs, benefits,
and other effects on the national
economy. (2 U.S.C. 1532(a), (b)) The
UMRA also requires a Federal agency to
develop an effective process to permit
timely input by elected officers of State,
local, and Tribal governments on a
proposed ‘‘significant intergovernmental
mandate,’’ and requires an agency plan
for giving notice and opportunity for
timely input to potentially affected
small governments before establishing
any requirements that might
significantly or uniquely affect small
governments. On March 18, 1997, DOE
published a statement of policy on its
process for intergovernmental
consultation under UMRA. 62 FR
12820; also available at
www.energy.gov/gc/office-generalcounsel. DOE examined this final rule
according to UMRA and its statement of
policy and determined that the rule
contains neither an intergovernmental
mandate, nor a mandate that may result
in the expenditure of $100 million or
more in any year, so these requirements
do not apply.
H. Review Under the Treasury and
General Government Appropriations
Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any rule
that may affect family well-being. This
final rule will not have any impact on
the autonomy or integrity of the family
as an institution. Accordingly, DOE has
concluded that it is not necessary to
prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive
Order 12630, ‘‘Governmental Actions
and Interference with Constitutionally
Protected Property Rights’’ 53 FR 8859
(March 18, 1988), that this regulation
will not result in any takings that might
require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under Treasury and General
Government Appropriations Act, 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides
for agencies to review most
disseminations of information to the
public under guidelines established by
each agency pursuant to general
guidelines issued by OMB. OMB’s
guidelines were published at 67 FR
8452 (Feb. 22, 2002), and DOE’s
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Fmt 4701
Sfmt 4700
guidelines were published at 67 FR
62446 (Oct. 7, 2002). Pursuant to OMB
Memorandum M–19–15, Improving
Implementation of the Information
Quality Act (April 24, 2019), DOE
published updated guidelines which are
available at www.energy.gov/sites/prod/
files/2019/12/f70/DOE%20Final
%20Updated%20IQA%20Guidelines
%20Dec%202019.pdf. DOE has
reviewed this final rule under the OMB
and DOE guidelines and has concluded
that it is consistent with applicable
policies in those guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to OMB, a
Statement of Energy Effects for any
significant energy action. A ‘‘significant
energy action’’ is defined as any action
by an agency that promulgated or is
expected to lead to promulgation of a
final rule, and that (1) is a significant
regulatory action under Executive Order
12866, or any successor order; and (2)
is likely to have a significant adverse
effect on the supply, distribution, or use
of energy; or (3) is designated by the
Administrator of OIRA as a significant
energy action. For any significant energy
action, the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use if the
regulation is implemented, and of
reasonable alternatives to the action and
their expected benefits on energy
supply, distribution, and use.
This regulatory action is not a
significant regulatory action under
Executive Order 12866. Moreover, it
would not have a significant adverse
effect on the supply, distribution, or use
of energy, nor has it been designated as
a significant energy action by the
Administrator of OIRA. Therefore, it is
not a significant energy action, and,
accordingly, DOE has not prepared a
Statement of Energy Effects.
L. Review Under Section 32 of the
Federal Energy Administration Act of
1974
Under section 301 of the Department
of Energy Organization Act (Pub. L. 95–
91; 42 U.S.C. 7101), DOE must comply
with section 32 of the Federal Energy
Administration Act of 1974, as amended
by the Federal Energy Administration
Authorization Act of 1977. (15 U.S.C.
788; ‘‘FEAA’’) Section 32 essentially
provides in relevant part that, where a
proposed rule authorizes or requires use
of commercial standards, the notice of
proposed rulemaking must inform the
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As required by 5 U.S.C. 801, DOE will
report to Congress on the promulgation
of this rule before its effective date. The
report will state that it has been
determined that the rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
lotter on DSK11XQN23PROD with RULES2
N. Description of Materials Incorporated
by Reference
In this final rule, DOE incorporates by
reference the test standard HI 41.6–
2021. This is an industry-accepted
standard used to specify methods of
testing for determining the head, flow
rate, driver power input, pump power
output, and other relevant parameters
necessary to determine the CEI of
applicable pumps proposed in this TP
NOPR. The test procedure adopted in
this final rule references various
sections of HI 40.6–2021 that address
test setup, instrumentation,
measurement, and test specifications.
DOE also incorporates by reference
the rating guideline HI 41.5–2022. This
is an industry-accepted guideline used
to test and rate circulator pumps as part
of an industry program. Copies of HI
40.6–2021 and HI 41.5–2022 may be
obtained from Hydraulic Institute, 6
Campus Drive, First Floor North,
Parsippany, NJ, 07054–4406, (973) 267–
9700, or by visiting www.Pumps.org.
V. Approval of the Office of the
Secretary
18:10 Sep 16, 2022
Jkt 256001
10 CFR Part 431
where:
10 CFR Part 429
Administrative practice and
procedure, Confidential business
information, Energy conservation test
procedures, Incorporation by reference,
and Reporting and recordkeeping
requirements.
Signing Authority
This document of the Department of
Energy was signed on August 24, 2022,
by Dr. Geraldine L. Richmond,
Undersecretary of Science and
Innovation, pursuant to delegated
authority from the Secretary of Energy.
That document with the original
signature and date is maintained by
DOE. For administrative purposes only,
and in compliance with requirements of
the Office of the Federal Register, the
undersigned DOE Federal Register
Liaison Officer has been authorized to
sign and submit the document in
electronic format for publication, as an
official document of the Department of
Energy. This administrative process in
no way alters the legal effect of this
document upon publication in the
Federal Register.
Signed in Washington, DC, on September
8, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
For the reasons stated in the
preamble, DOE amends parts 429 and
431 of chapter II of Title 10, Code of
Federal Regulations as set forth below:
PART 429—CERTIFICATION,
COMPLIANCE, AND ENFORCEMENT
FOR CONSUMER PRODUCTS AND
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
1. The authority citation for part 429
continues to read as follows:
■
Authority: 42 U.S.C. 6291–6317; 28 U.S.C.
2461 note.
2. Section 429.59 is amended by
revising paragraphs (a)(1)(i) and (a)(2)(i)
and adding paragraphs (a)(2)(iv) through
(vii) to read as follows:
■
§ 429.59
The Secretary of Energy has approved
publication of this final rule.
VerDate Sep<11>2014
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, Imports,
Intergovernmental relations, Reporting
and recordkeeping requirements, Small
businesses.
(1) * * *
(i) Any representation of the constant
load pump energy index (PEICL),
variable load pump energy index
(PEIVL), circulator energy index (CEI), or
other measure of energy consumption of
a basic model for which consumers
would favor lower values shall be
greater than or equal to the higher of:
(A) The mean of the sample,
*
Pumps.
*
*
(a) * * *
PO 00000
Frm 00035
*
Fmt 4701
*
Sfmt 4700
and x¯ is the sample mean, n is the number
of samples, and xi is the maximum of the ith
sample;
Or,
(B) The upper 95 percent confidence
limit (UCL) of the true mean divided by
1.05,
where:
UCL=
x + to.9s
(.ln)
and x¯ is the sample mean, s is the sample
standard deviation, n is the number of
samples, and t0.95 is the t statistic for a 95
percent one-tailed confidence interval with
n-1 degrees of freedom (from appendix A of
subpart B of part 429).
(2) * * *
(i) Rated hydraulic horsepower. The
representative value of rated hydraulic
horsepower of a basic model of
dedicated-purpose pool pump or
circulator pump must be the mean of
the rated hydraulic horsepower for each
tested unit.
*
*
*
*
*
(iv) Input power. The representative
value(s) of input power of a basic model
of circulator pump at a load point(s)
used in the calculation of CEI must be
determined based on the mean of the
input power at measured data point(s)
for each tested unit.
(v) Flow at BEP and maximum speed.
The representative value of flow at BEP
and maximum speed of a basic model of
circulator pump must be determined
based on the mean of the flow at BEP
and maximum speed for each tested
unit.
(vi) Head at BEP and maximum
speed. The representative value of head
at BEP and maximum speed of a basic
model of circulator pump must be
determined based on the mean of the
head at BEP and maximum speed for
each tested unit.
(vii) Other reported values. The
representative value of any other
reported value of a basic model of
circulator pump must be determined
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ER19SE22.032</GPH>
M. Congressional Notification
List of Subjects
ER19SE22.031</GPH>
public of the use and background of
such standards. In addition, section
32(c) requires DOE to consult with the
Attorney General and the Chairman of
the Federal Trade Commission (‘‘FTC’’)
concerning the impact of the
commercial or industry standards on
competition.
The test procedure for circulator
pumps adopted in this final rule
incorporates testing methods contained
in certain sections of the following
commercial standards: HI 40.6–2021
and HI 41.5–2022. DOE has evaluated
these standards and is unable to
conclude whether it fully complies with
the requirements of section 32(b) of the
FEAA (i.e., whether it was developed in
a manner that fully provides for public
participation, comment, and review.)
DOE has consulted with both the
Attorney General and the Chairman of
the FTC about the impact on
competition of using the methods
contained in these standards and has
received no comments objecting to their
use.
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based on the mean of that value for each
tested unit.
*
*
*
*
*
■ 3. Section 429.110 is amended by
revising paragraphs (e)(1) and (5) to read
as follows:
§ 429.110
Enforcement testing.
*
*
*
*
*
(e) * * *
(1) For products with applicable
energy conservation standard(s) in
§ 430.32 of this chapter, and commercial
prerinse spray valves, illuminated exit
signs, traffic signal modules and
pedestrian modules, commercial clothes
washers, dedicated-purpose pool
pumps, circulator pumps, and metal
halide lamp ballasts, DOE will use a
sample size of not more than 21 units
and follow the sampling plans in
appendix A of this subpart (Sampling
for Enforcement Testing of Covered
Consumer Products and Certain HighVolume Commercial Equipment).
*
*
*
*
*
(5) For pumps subject to the test
procedures specified in § 431.464(a) of
this chapter, DOE will use an initial
sample size of not more than four units
and will determine compliance based
on the arithmetic mean of the sample.
*
*
*
*
*
■ 4. Section 429.134 is amended by
adding paragraph (i)(3) to read as
follows:
§ 429.134 Product-specific enforcement
provisions.
lotter on DSK11XQN23PROD with RULES2
*
*
*
*
*
(i) * * *
(3) Circulator pumps. (i) The flow rate
at BEP and maximum speed of each
tested unit of the basic model will be
measured pursuant to the test
requirements of § 431.464(c) of this
chapter, where the value of flow rate at
BEP and maximum speed certified by
the manufacturer will be treated as the
expected BEP flow rate at maximum
speed. The resulting measurement(s)
will be compared to the value of flow
rate at BEP and maximum speed
certified by the manufacturer. The
certified flow rate at BEP and maximum
speed will be considered valid only if
the measurement (either the measured
flow rate at BEP and maximum speed
for a single unit sample or the average
of the measured flow rates for a multiple
unit sample) is within 5 percent of the
certified flow rate at BEP and maximum
speed.
(A) If the representative value of flow
rate is found to be valid, the measured
flow rate at BEP and maximum speed
will be used in subsequent calculations
of circulator energy rating (CER) and
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18:10 Sep 16, 2022
Jkt 256001
circulator energy index (CEI) for that
basic model.
(B) If the representative value of flow
rate at BEP and maximum speed is
found to be invalid, the mean of all the
measured values of flow rate at BEP and
maximum speed determined from the
tested unit(s) will serve as the new
expected BEP flow rate and the unit(s)
will be retested until such time as the
measured flow rate at BEP and
maximum speed is within 5 percent of
the expected BEP flow rate.
(ii) The rated hydraulic horsepower of
each tested unit of the basic model will
be measured pursuant to the test
requirements of § 431.464(c) of this
chapter. The resulting measurement will
be compared to the rated hydraulic
horsepower certified by the
manufacturer. The certified rated
hydraulic horsepower will be
considered valid only if the
measurement (either the measured rated
hydraulic horsepower for a single unit
sample or the average of the measured
rated hydraulic horsepower values for a
multiple unit sample) is within 5
percent of the certified rated hydraulic
horsepower.
(A) If the certified rated hydraulic
horsepower is found to be valid, the
certified rated hydraulic horsepower
will be used as the basis for determining
scope of applicability for that model.
(B) If the certified rated hydraulic
horsepower is found to be invalid, the
arithmetic mean of all the hydraulic
horsepower values resulting from DOE’s
testing will be used as the basis for
determining scope of applicability for
that model.
(iii) DOE will test each circulator
pump unit according to the control
setting with which the unit was rated.
If no control setting is specified and no
controls were available, DOE will test
using the full speed test. If no control
setting is specified and a variety of
controls are available, DOE will test
using the test method for any one of the
control varieties available on board.
(iv) DOE will test each circulator
pump using the description and
equation for the control curve with
which it was rated, if available.
*
*
*
*
*
PART 431—ENERGY EFFICIENCY
PROGRAM FOR CERTAIN
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
5. The authority citation for part 431
continues to read as follows:
■
Authority: 42 U.S.C. 6291–6317; 28 U.S.C.
2461 note.
■
6. Section 431.462 is amended by:
PO 00000
Frm 00036
Fmt 4701
Sfmt 4700
a. Adding in alphabetical order
definitions for the terms ‘‘Adaptive
pressure controls’’, ‘‘Circulator-lessvolute’’, ‘‘Circulator pump’’, ‘‘Dry rotor,
three-piece circulator pump’’, ‘‘Dry
rotor, two-piece circulator pump’’,
‘‘External input signal control’’, and
‘‘Header pump’’.
■ b. Revising the definition for
‘‘Horizontal motor’’; and
■ c. Adding in alphabetical order
definitions for ‘‘Manual speed control’’,
‘‘On-demand circulator’’, ‘‘Pressure
control’’, ‘‘Temperature control’’, and
‘‘Wet rotor circulator pump’’.
The additions and revision read as
follows:
■
§ 431.462
Definitions.
*
*
*
*
*
Adaptive pressure control means a
pressure control that senses the head
requirements in the system in which it
is installed and adjusts the pump
control curve accordingly.
*
*
*
*
*
Circulator-less-volute means a
circulator pump distributed in
commerce without a volute and for
which a paired volute is also distributed
in commerce. Whether a paired volute
is distributed in commerce will be
determined based on published data,
marketing literature, and other publicly
available information.
Circulator pump means is a pump
that is either a wet rotor circulator
pumps; a dry rotor, two-piece circulator
pump; or a dry rotor, three-piece
circulator pump. A circulator pump
may be distributed in commerce with or
without a volute.
*
*
*
*
*
Dry rotor, three-piece circulator pump
means:
(1) A single stage, rotodynamic,
single-axis flow, mechanically-coupled,
dry rotor pump that:
(i) Has a rated hydraulic power less
than or equal to 5 hp at the best
efficiency point at full impeller
diameter,
(ii) Is distributed in commerce with a
horizontal motor, and
(iii) Discharges the pumped liquid
through a volute in a plane
perpendicular to the shaft.
(2) Examples include, but are not
limited to, pumps generally referred to
in industry as CP3.
Dry rotor, two-piece circulator pump
means:
(1) A single stage, rotodynamic,
single-axis flow, close-coupled, dry
rotor pump that:
(i) Has a rated hydraulic power less
than or equal to 5 hp at best efficiency
point at full impeller diameter,
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(ii) Is distributed in commerce with a
horizontal motor, and
(iii) Discharges the pumped liquid
through a volute in a plane
perpendicular to the shaft.
(2) Examples include, but are not
limited to, pumps generally referred to
in industry as CP2.
*
*
*
*
*
External input signal control means a
variable speed drive that adjusts the
speed of the driver in response to an
input signal from an external logic and/
or user interface.
*
*
*
*
*
Header pump means a circulator
pump distributed in commerce without
a volute and for which a paired volute
is not distributed in commerce. Whether
a paired volute is distributed in
commerce will be determined based on
published data, marketing literature,
and other publicly available
information.
Horizontal motor means a motor, for
which the motor shaft position when
functioning under operating conditions
specified in manufacturer literature,
includes a horizontal position.
*
*
*
*
*
Manual speed control means a control
(variable speed drive and user interface)
that adjusts the speed of the driver
based on manual user input.
*
*
*
*
*
On-demand circulator pump means a
circulator pump that is distributed in
commerce with an integral control that:
(1) Initiates water circulation based on
receiving a signal from the action of a
user [of a fixture or appliance] or
sensing the presence of a user of a
fixture and cannot initiate water
circulation based on other inputs, such
as water temperature or a pre-set
schedule.
(2) Automatically terminates water
circulation once hot water has reached
the pump or desired fixture.
(3) Does not allow the pump to
operate when the temperature in the
pipe exceeds 104 °F or for more than 5
minutes continuously.
*
*
*
*
*
Pressure control means a control
(variable speed drive and integrated
logic) that automatically adjusts the
speed of the driver in response to
pressure.
*
*
*
*
*
Temperature control means a control
(variable speed drive and integrated
logic) that automatically adjusts the
speed of the driver continuously over
the driver operating speed range in
response to temperature.
*
*
*
*
*
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18:10 Sep 16, 2022
Jkt 256001
Wet rotor circulator pump means a
single stage, rotodynamic, closecoupled, wet rotor pump. Examples
include, but are not limited to, pumps
generally referred to in industry as CP1.
■ 7. Section 431.463 is amended by
revising paragraph (a) and adding
paragraphs (d)(5) and (6) to read as
follows:
§ 431.463 Materials incorporated by
reference.
(a) General. Certain material is
incorporated by reference into this
subpart with the approval of the
Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. To enforce any edition
other than that specified in this section,
the U.S. Department of Energy (DOE)
must publish a document in the Federal
Register and the material must be
available to the public. All approved
incorporation by reference (IBR)
material is available for inspection at
DOE and at the National Archives and
Records Administration (NARA).
Contact DOE at: the U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Program, Sixth Floor, 950
L’Enfant Plaza SW, Washington, DC
20024, (202) 586–9127, Buildings@
ee.doe.gov, www.energy.gov/eere/
buildings/building-technologies-office.
For information on the availability of
this material at NARA, email:
fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/
ibr-locations.html. The material may be
obtained from the sources in the
following paragraphs:
*
*
*
*
*
(d) * * *
(5) HI 40.6–2021, Hydraulic Institute
Standard for Methods for Rotodynamic
Pump Efficiency Testing, approved
February 17, 2021; IBR approved for
appendix D to this subpart.
(6) HI 41.5–2022, Hydraulic Institute
Program Guideline for Circulator Pump
Energy Rating Program, approved June
16, 2022; IBR approved for appendix D
to this subpart.
*
*
*
*
*
■ 8. Section 431.464 is amended by
adding paragraph (c) to read as follows:
§ 431.464 Test procedure for measuring
energy efficiency and other performance
factors of pumps.
*
*
*
*
*
(c) Circulator pumps—(1) Scope. This
paragraph (c) provides the test
procedures for determining the
circulator energy index for circulator
pumps that are also clean water pumps,
including on-demand circulator pumps
and circulators-less-volute, and
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Fmt 4701
Sfmt 4700
57299
excluding submersible pumps and
header pumps.
(2) Testing and calculations.
Determine the circulator energy index
(CEI) using the test procedure set forth
in appendix D of this subpart Y.
■ 9. Add appendix D to subpart Y of
part 431 to read as follows:
Appendix D to Subpart Y of Part 431—
Uniform Test Method for the
Measurement of Energy Consumption of
Circulator Pumps
Note 1 to appendix D to subpart Y of part
431: Beginning March 20, 2023, any
representations made with respect to the
energy use or efficiency of circulator pumps
subject to testing pursuant to 10 CFR
431.464(c) must be made in accordance with
the results of testing pursuant to this
appendix.
0. Incorporation by Reference
DOE incorporated by reference in § 431.463
the entire standard for HI 40.6–2021 and for
HI 41.5–2022. However, not all provisions of
HI 40.6–2021 and HI 41.5–2022 apply to this
appendix. If there is any conflict between any
industry standard and this appendix, follow
the language of the test procedure in this
appendix, disregarding the conflicting
industry standard language.
0.1 Specifically, the following provisions
of HI 40.6–2021 are not applicable:
(a) Section 40.6.4—Considerations when
determining the efficiency of certain
pumps, Section 40.6.4.1—Vertically
suspended pumps
(b) Section 40.6.4—Considerations when
determining the efficiency of certain
pumps, Section 40.6.4.2—Submersible
pumps
(c) Section 40.6.5—Test procedures, Section
40.6.5.3—Test report
(d) Section 40.6.5—Test procedures, Section
40.6.5.5—Test conditions, Section
40.6.5.5.2—Speed of rotation during test
(e) Section 40.6.6—Analysis, Section
40.6.6.1—Translation of the test results to
the specified speed of rotation
(f) Section 40.6.6—Analysis, Section
40.6.6.1—Translation of the test results to
the specified speed of rotation, Section
40.6.6.1.1—Translation of the test results
into data based on specified speed of
rotation
(g) Appendix B—Reporting of test results
(h) Appendix G—DOE compared to HI 40.6
nomenclature
0.2 Specifically, only the following
provisions of HI 41.5–2022 are applicable:
(a) Section 41.5.3.4.1—Determination of
CER—Full Speed
(b) Section 41.5.3.4.2—Determination of
CER—Pressure Speed Control
(c) Section 41.5.3.4.3—Determination of
CER—Temperature Speed Control
(d) Section 41.5.3.4.4.1—Determination of
CER—External Input Signal Speed Control
Only
(e) Section 41.5.3.4.4.2—Determination of
CER—External Input Signal Speed Control
Operated With Other Control Methods
(f) Section 41.5.3.4.5—Determination of
CER—Manual Speed Control
E:\FR\FM\19SER2.SGM
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Federal Register / Vol. 87, No. 180 / Monday, September 19, 2022 / Rules and Regulations
1. General
To determine the circulator energy index
(CEI), testing shall be performed in
accordance with HI 40.6–2021, including
Appendix E ‘‘Testing Circulator Pumps,’’
with the exceptions noted in section 0.1 of
this appendix and the modifications and
additions as noted throughout the following
provisions. For the purposes of applying this
appendix, the term ‘‘pump power output,’’ as
defined in section 40.6.2, ‘‘Terms and
definitions,’’ of HI 40.6–2021 shall be
deemed to be synonymous with the term
‘‘hydraulic horsepower’’ used throughout
that standard and this appendix.
2. Scope
2.1 This appendix is applicable to all
circulator pumps and describes how to
calculate the circulator energy index (CEI;
section F) based on the pump energy rating
for the minimally compliant reference
circulator pump (CERSTD) and the circulator
energy rating (CER) determined in
accordance with one of the test methods
listed in Table I of this appendix based on
a control variety with which the circulator
pump is distributed in commerce.
TABLE 1 TO APPENDIX D TO SUBPART Y OF PART 431—APPLICABILITY OF TEST METHODS BASED ON CIRCULATOR PUMP
CONFIGURATION AND CONTROL METHOD WITH WHICH CIRCULATOR PUMP IS DISTRIBUTED IN COMMERCE
Control method with which circulator pump is distributed
Circulator Pump + Motor .................
Circulator pumps at full speed or circulator pumps without pressure,
temperature, external input signal, or manual speed control.
Circulator pumps with pressure control (including adaptive pressure
control).
Circulator pumps with temperature control ...........................................
Circulator pumps with only external input signal control, and which
cannot be operated without an external input signal.
Circulator pumps with external input signal control in addition to other
control varieties, or which can be operated without an external
input signal.
Circulator pumps with manual speed control ........................................
2.2 If a given circulator pump model is
distributed in commerce with multiple
control varieties available, the manufacturer
may select a control variety (or varieties)
among those available with which to test the
circulator pump, including the test method
for circulator pumps at full speed or
circulator pumps without external input
signal, manual, pressure, or temperature
controls).
3. Measurement Equipment
For the purposes of measuring flow rate,
head, driver power input, and pump power
output, the equipment specified in HI 40.6–
2021 Appendix C must be used and must
comply with the stated accuracy
requirements in HI 40.6–2021 Table
40.6.3.2.3. When more than one instrument
is used to measure a given parameter, the
combined accuracy, calculated as the root
sum of squares of individual instrument
accuracies, must meet the specified accuracy
requirements.
4. Test Conditions
4.1 Pump specifications. Conduct testing
in accordance with the test conditions,
stabilization requirements, and specifications
of HI 40.6–2021 section 40.6.3, ‘‘Pump
efficiency testing’’; section 40.6.4,
‘‘Considerations when determining the
efficiency of a pump,’’ including section
40.6.4.4, ‘‘Determination of pump overall
efficiency’’; section 40.6.5.4 (including
Appendix A), ‘‘Test arrangements’’; and
section 40.6.5.5, ‘‘Test conditions.’’
4.2 Twin head circulator pump. To test
twin head circulator pumps, one of the two
impeller assemblies should be incorporated
into an adequate, single impeller volute and
casing. An adequate, single impeller volute
and casing means a volute and casing for
which any physical and functional
characteristics that affect energy
consumption and energy efficiency are
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18:10 Sep 16, 2022
Jkt 256001
essentially identical to their corresponding
characteristics for a single impeller in the
twin head circulator pump volute and casing.
4.3 Circulator-less-volute. To determine
the CEI for a circulator-less-volute, test each
circulator-less-volute with each volute for
which the circulator-less-volute is offered for
sale or advertised to be paired for that
circulator pump model according to the
testing and calculations described in the
applicable test method listed in Table 1 of
this appendix, depending on the variety of
control with which the circulator pump
model is distributed in commerce.
Alternatively, each circulator-less-volute may
be tested with the most consumptive volute
with which is it offered for sale or advertised
to be paired for that circulator pump model.
5. Data Collection and Analysis
5.1 Stabilization. Record data at any test
point only under stabilized conditions, as
defined in HI 40.6–2021 section 40.6.5.5.1.
5.2 Testing BEP at maximum speed for
the circulator pump. Determine the BEP of
the circulator pump at maximum speed as
specified in Appendix E of HI 40.6–2021
including sections 40.6.5.5.1 and 40.6.6 as
modified. Determine the BEP flow rate at
maximum speed as the flow rate at the
operating point of maximum overall
efficiency on the circulator pump curve, as
determined in accordance with section
40.6.6.3 of HI 40.6–2021 as modified by
Appendix E, where overall efficiency is the
ratio of the circulator pump power output
divided by the driver power input, as
specified in Table 40.6.2.1 of HI 40.6–2021.
For the purposes of this test procedure, all
references to ‘‘driver power input’’ in this
appendix or HI 40.6–2021 shall refer to the
input power to the controls, or to the motor
if no controls are present.
5.3 Rounding. All terms and quantities
refer to values determined in accordance
with the procedures set forth in this
PO 00000
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Fmt 4701
Sfmt 4700
HI 41.5–2022 Section 41.5.3.4.1.
HI 41.5–2022 Section 41.5.3.4.2.
HI 41.5–2022 Section 41.5.3.4.3.
HI 41.5–2022 Section 41.5.3.4.4.1.
HI 41.5–2022 Section 41.5.3.4.4.2.
HI 41.5–2022 Section 41.5.3.4.5.
appendix for the rated circulator pump.
Perform all calculations using raw measured
values without rounding. Round CER to three
significant figures. Round CEI to the
hundredths decimal place. Round rated
hydraulic horsepower to the less precise of
the following two values: three significant
figures; the fourth decimal place when
expressed in units of horsepower.
6. Calculation of CEI
Determine CEI using the following
equation:
CER
CE/= CERsrv
Where:
CEI = the circulator energy index
(dimensionless);
CER = the circulator energy rating
determined in accordance with Table 1
of this appendix (hp); and
CERSTD = the CER for a circulator pump that
is minimally compliant with DOE’s
energy conservation standards with the
same hydraulic horsepower as the tested
pump, as determined in accordance with
the specifications at paragraph (i) of
§ 431.465.
7. Determination of Additional Circulator
Performance Parameters
7.1 To determine flow and head at BEP;
pump power output (hydraulic horsepower)
and driver power input at load points used
in the calculation of CEI, including the rated
hydraulic horsepower; and any other
reported performance parameters, conduct
testing according to section 1 of this
appendix.
7.2 Determine the rated hydraulic
horsepower as the pump power output
measured at BEP and full impeller diameter
for the rated pump.
E:\FR\FM\19SER2.SGM
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ER19SE22.033</GPH>
Circulator Pump + Motor + Controls
lotter on DSK11XQN23PROD with RULES2
Test method to be used for testing
and calculation of CER
Circulator pump configuration
Federal Register / Vol. 87, No. 180 / Monday, September 19, 2022 / Rules and Regulations
VerDate Sep<11>2014
18:10 Sep 16, 2022
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Where:
PFi = true power factor at each load point i,
dimensionless;
Pi = driver power input to the motor (or
controls, if present) at each load point i,
in watts;
PO 00000
Frm 00039
Fmt 4701
Sfmt 9990
Vi = true RMS voltage at each load point i,
in volts;
Ii = true RMS current at each load point i, in
amps; and
i = load point(s), defined uniquely for each
circulator pump control variety as
specified in the applicable test method
listed in Table 1 of this appendix.
[FR Doc. 2022–19760 Filed 9–16–22; 8:45 am]
BILLING CODE 6450–01–P
E:\FR\FM\19SER2.SGM
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ER19SE22.034</GPH>
lotter on DSK11XQN23PROD with RULES2
7.3 Determine the true power factor at
each applicable load point specified in the
applicable test method listed in Table 1 of
this appendix for each circulator pump
control variety as a ratio of driver power
input to the motor (or controls, if present)
(Pi), in watts, divided by the product of the
true RMS voltage in volts and the true RMS
current in amps at each load point i, as
shown in the following equation:
57301
]]>Agencies
[Federal Register Volume 87, Number 180 (Monday, September 19, 2022)]
[Rules and Regulations]
[Pages 57264-57301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19760]
[[Page 57263]]
Vol. 87
Monday,
No. 180
September 19, 2022
Part II
Department of Energy
-----------------------------------------------------------------------
10 CFR Part 429 and 431
Energy Conservation Program: Test Procedure for Circulator Pumps; Final
Rule
Federal Register / Vol. 87, No. 180 / Monday, September 19, 2022 /
Rules and Regulations
[[Page 57264]]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 431
[EERE-2016-BT-TP-0033]
RIN 1904-AD77
Energy Conservation Program: Test Procedure for Circulator Pumps
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') is establishing
definitions, a test procedure, sampling and rating requirements, and
enforcement provisions for circulator pumps. Currently, circulator
pumps are not subject to DOE test procedures or energy conservation
standards. DOE is adopting a test procedure for measuring the
circulator energy index for circulator pumps. The test method
references the relevant industry test standard. The definitions and
test procedures are based on the recommendations of the Circulator Pump
Working Group, which was established under the Appliance Standards
Rulemaking Federal Advisory Committee.
DATES: The effective date of this rule is October 19, 2022. Compliance
with the final rule will be mandatory for representations of head, flow
rate, driver power input, circulator energy rating, and circulator
energy index made on or after March 20, 2023. The incorporation by
reference of certain publications listed in the rule is approved by the
Director of the Federal Register on October 19, 2022.
ADDRESSES: The docket, which includes Federal Register notices, public
meeting attendee lists and transcripts, comments, and other supporting
documents/materials, is available for review at www.regulations.gov.
All documents in the docket are listed in the www.regulations.gov
index. However, some documents listed in the index, such as those
containing information that is exempt from public disclosure, may not
be publicly available.
A link to the docket web page can be found at www.regulations.gov/docket/EERE-2016-BT-STD-0004. The docket web page contains instructions
on how to access all documents, including public comments, in the
docket.
For further information on how to review the docket contact the
Appliance and Equipment Standards Program staff at (202) 287-1445 or by
email: [email protected]">ApplianceStandards[email protected].
FOR FURTHER INFORMATION CONTACT:
Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-2J,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 586-9870. Email: [email protected]">ApplianceStandards[email protected].
Ms. Amelia Whiting, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC,
20585-0121. Telephone: 202-586-2588. Email: [email protected].
SUPPLEMENTARY INFORMATION:
DOE incorporates by reference the following industry standards into
10 CFR part 431:
HI 40.6-2021, ``Methods for Rotodynamic Pump Efficiency
Testing''.
HI 41.5-2022 ``Hydraulic Institute Program Guideline for
Circulator Pump Energy Rating Program''.
Copies of HI 40.6-2021 and HI 41.5-2022 can be obtained from the
Hydraulic Institute (``HI'') at 6 Campus Drive, First Floor North,
Parsippany, NJ 07054-4406, (973) 267-9700, or by going to
www.pumps.org.
For a further discussion of these standards, see section IV.N of
this document.
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Final Rule
III. Discussion
A. General Comments
B. Scope and Definitions
1. CPWG Recommendations
2. Definition of Circulator Pump
3. Definition of Circulator Pump Varieties
4. Definition of Circulator-Less-Volute and Header Pump
5. Definition of On-Demand Circulator Pumps
6. Applicability of Test Procedure Based on Pump Configurations
7. Basic Model
C. Rating Metric
D. Test Methods for Different Circulator Pump Categories and
Control Varieties
1. Definitions Related to Circulator Pump Control Varieties
2. Reference System Curve
3. Pressure Control
4. Temperature Control
5. Manual Speed Control
6. External Input Signal Control
7. No Controls or Full Speed Test
E. Determination of Circulator Pump Performance
1. Incorporation by Reference of HI 40.6-2021
2. Exceptions, Modifications and Additions to HI 40.6-2021
3. Calculation and Rounding Modifications and Additions
4. Rated Hydraulic Horsepower
F. Sampling Plan and Enforcement Provisions for Circulator Pumps
1. Sampling Plan
2. Enforcement Provisions
G. Representations of Energy Use and Energy Efficiency
H. Test Procedure Costs and Harmonization
1. Test Procedure Costs and Impacts
2. Harmonization With Industry Standards
I. Compliance Date
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 and 13563
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Congressional Notification
N. Description of Materials Incorporated by Reference
V. Approval of the Office of the Secretary
I. Authority and Background
Pumps are included in the list of ``covered equipment'' for which
DOE is authorized to establish and amend energy conservation standards
and test procedures. (42 U.S.C. 6311(1)(A)) Circulator pumps, which are
the subject of this final rule, are a category of pumps. Circulator
pumps generally are designed to circulate water in commercial and
residential applications. Circulator pumps do not include dedicated-
purpose pool pumps, for which test procedures and energy conservation
standards are established in title 10 of the Code of Federal
Regulations (``CFR'') part 431 subpart Y. DOE has not previously
established test procedures or energy conservation standards applicable
to circulator pumps. The following sections discuss DOE's authority to
establish test procedures for circulator pumps and relevant background
information regarding DOE's consideration of test procedures for this
equipment.
[[Page 57265]]
A. Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
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 C \2\ of EPCA, added by Public Law 96-619, Title
IV, section 441(a) (42 U.S.C. 6311-6317 as codified) established the
Energy Conservation Program for Certain Industrial Equipment, which
sets forth a variety of provisions designed to improve energy
efficiency. This equipment includes pumps, the subject of this
document. (42 U.S.C. 6311(1)(A))
---------------------------------------------------------------------------
\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020), which reflect the last statutory amendments that impact
Parts A and A-1 of EPCA.
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
---------------------------------------------------------------------------
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. 6311),
test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315),
energy conservation standards (42 U.S.C. 6313), and the authority to
require information and reports from manufacturers (42 U.S.C. 6316; 42
U.S.C. 6296).
The Federal testing requirements consist of test procedures that
manufacturers of covered equipment must use as the basis for: (1)
certifying to DOE that their equipment complies with the applicable
energy conservation standards adopted pursuant to EPCA (42 U.S.C.
6316(a); 42 U.S.C. 6295(s)), and (2) making other representations about
the efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE
must use these test procedures to determine whether the equipment
complies with relevant standards promulgated under EPCA. (42 U.S.C.
6316(a); 42 U.S.C. 6295(s))
Federal energy efficiency requirements for covered equipment
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6316(a) and 42 U.S.C. 6316(b); 42 U.S.C. 6297) DOE may, however,
grant waivers of Federal preemption for particular State laws or
regulations, in accordance with the procedures and other provisions of
EPCA. (42 U.S.C. 6316(b)(2)(D))
Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered products. EPCA requires that any test procedures prescribed or
amended under this section must be reasonably designed to produce test
results which reflect energy efficiency, energy use or estimated annual
operating cost of a type of covered equipment during a representative
average use cycle (as determined by the Secretary) and requires that
test procedures not be unduly burdensome to conduct. (42 U.S.C.
6314(a)(2))
Before prescribing any final test procedures, 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)).
DOE is publishing this final rule in accordance with the statutory
authority in EPCA.
B. Background
As stated previously in this document, EPCA includes ``pumps''
among the industrial equipment listed as ``covered equipment'' for the
purpose of Part A-1, although EPCA does not define the term ``pump.''
(42 U.S.C. 6311(1)(A)) In a final rule published January 25, 2016, DOE
established a definition for ``pump,'' associated definitions, and test
procedures for certain pumps. 81 FR 4086 (``January 2016 TP final
rule''). ``Pump'' is defined as equipment designed to move liquids
(which may include entrained gases, free solids, and totally dissolved
solids) by physical or mechanical action and includes a bare pump and,
if included by the manufacturer at the time of sale, mechanical
equipment, driver, and controls. 81 FR 4086, 4147; 10 CFR 431.462.
Circulator pumps fall within the scope of this definition.
While DOE has defined ``pump'' broadly, the test procedure
established in the January 2016 TP final rule is applicable only to
certain categories of clean water pumps,\3\ specifically those that are
end suction close-coupled (``ESCC''); end suction frame mounted/own
bearings (``ESFM''); in-line (``IL''); radially split, multi-stage,
vertical, in-line casing diffuser (``RSV''); and submersible turbine
(``ST'') pumps with the following characteristics:
---------------------------------------------------------------------------
\3\ A ``clean water pump'' is a pump that is designed for use in
pumping water with a maximum non-absorbent free solid content of
0.016 pounds per cubic foot, and with a maximum dissolved solid
content of 3.1 pounds per cubic foot, provided that the total gas
content of the water does not exceed the saturation volume and
disregarding any additives necessary to prevent the water from
freezing at a minimum of 14 [deg]F. 10 CFR 431.462.
---------------------------------------------------------------------------
Flow rate of 25 gallons per minute (``gpm'') or greater at
best efficiency point (``BEP'') at full impeller diameter;
459 feet of head maximum at BEP at full impeller diameter
and the number of stages specified for testing;
design temperature range from 14 to 248 [deg]F;
designed to operate with either: (1) a 2- or 4-pole
induction motor, or (2) a non-induction motor with a speed of rotation
operating range that includes speeds of rotation between 2,880 and
4,320 revolutions per minute (``rpm'') and/or 1,440 and 2,160 rpm, and
in either case, the driver and impeller must rotate at the same speed;
6-inch or smaller bowl diameter for ST pumps;
A specific speed less than or equal to 5,000, when
calculated using U.S. customary units, for ESCC and ESFM pumps;
Except for: fire pumps; self-priming pumps; prime-assist
pumps; magnet driven pumps; pumps designed to be used in a nuclear
facility subject to 10 CFR part 50, ``Domestic Licensing of Production
and Utilization Facilities''; and pumps meeting the design and
construction requirements set forth in any relevant military
specifications. \4\
---------------------------------------------------------------------------
\4\ E.g., MIL-P-17639F, ``Pumps, Centrifugal, Miscellaneous
Service, Naval Shipboard Use'' (as amended); MIL-P-17881D, ``Pumps,
Centrifugal, Boiler Feed, (Multi-Stage)'' (as amended); MIL-P-
17840C, ``Pumps, Centrifugal, Close-Coupled, Navy Standard (For
Surface Ship Application)'' (as amended); MIL-P-18682D, ``Pump,
Centrifugal, Main Condenser Circulating, Naval Shipboard'' (as
amended); and MIL-P-18472G, ``Pumps, Centrifugal, Condensate, Feed
Booster, Waste Heat Boiler, And Distilling Plant'' (as amended).
Military specifications and standards are available at https://everyspec.com/MIL-SPECS.
---------------------------------------------------------------------------
10 CFR 431.464(a)(1); 81 FR 4086, 4148. The pump categories subject
to the current test procedures are referred to as ``general pumps'' in
this document. As stated, circulator pumps are not general pumps and
therefore, are not subject to the current pumps test procedure.
DOE also published a final rule establishing energy conservation
standards applicable to certain classes of general pumps. 81 FR 4368
(Jan. 26, 2016) (``January 2016 ECS final rule''); see also, 10 CFR
431.465.
The January 2016 TP final rule and the January 2016 ECS final rule
implemented the recommendations of the Commercial and Industrial Pump
Working Group (``CIPWG'') established through the Appliance Standards
Rulemaking Federal Advisory Committee (``ASRAC'') to negotiate
standards and a test procedure for
[[Page 57266]]
general pumps. (Docket No. EERE-2013-BT-NOC-0039) The CIPWG approved a
term sheet containing recommendations to DOE on appropriate standard
levels for general pumps, as well as recommendations addressing issues
related to the metric and test procedure for general pumps (``CIPWG
recommendations''). (Docket No. EERE-2013-BT-NOC-0039, No. 92)
Subsequently, ASRAC approved the CIPWG recommendations. The CIPWG
recommendations included initiation of a separate rulemaking for
circulator pumps. (Docket No. EERE-2013-BT-NOC-0039, No. 92,
Recommendation #5A at p. 2)
On February 3, 2016, DOE issued a notice of intent to establish the
circulator pumps working group to negotiate a notice of proposed
rulemaking (``NOPR'') for energy conservation standards and a test
procedure for circulator pumps, if possible, and to announce the first
public meeting. 81 FR 5658. The members of the Circulator Pump Working
Group (``CPWG'') were selected to ensure a broad and balanced array of
interested parties and expertise, including representatives from
efficiency advocacy organizations and manufacturers. Additionally, one
member from ASRAC and one DOE representative were part of the CPWG. 81
FR 5658, 5660. Table I.1 lists the 15 members of the CPWG and their
affiliations.
---------------------------------------------------------------------------
\5\ All references in this document to the approved
recommendations included in 2016 Term Sheets are noted with the
recommendation number and a citation to the appropriate document in
the CPWG docket (e.g., Docket No. EERE-2016-BT-STD-0004, No. #,
Recommendation #X at p. Y). References to discussions or suggestions
of the CPWG not found in the 2016 Term Sheets include a citation to
meeting transcripts and the commenter, if applicable (e.g., Docket
No. EERE-2016-BT-STD-0004, [Organization], No. X at p. Y).
Table I.1--ASRAC Circulator Pump Working Group Members and Affiliations
------------------------------------------------------------------------
Member Affiliation
------------------------------------------------------------------------
Charles White........................ Plumbing-Heating-Cooling
Contractors Association.
Gabor Lechner........................ Armstrong Pumps, Inc.
Gary Fernstrom....................... California Investor-Owned
Utilities.
Joanna Mauer......................... Appliance Standards Awareness
Project.
Joe Hagerman......................... U.S. Department of Energy.
Laura Petrillo-Groh.................. Air-Conditioning, Heating, and
Refrigeration Institute.
Lauren Urbanek....................... Natural Resources Defense
Council.
Mark Chaffee......................... TACO, Inc.
Mark Handzel......................... Xylem Inc.
Peter Gaydon......................... Hydraulic Institute.
Richard Gussert...................... Grundfos Americas Corporation.
David Bortolon....................... Wilo Inc.
Russell Pate......................... Rheem Manufacturing Company.
Don Lanser........................... Nidec Motor Corporation.
Tom Eckman........................... Northwest Power and Conservation
Council (ASRAC member).
------------------------------------------------------------------------
The CPWG commenced negotiations at an open meeting on March 29,
2016, and held six additional meetings to discuss scope, metrics, and
the test procedure. The CPWG concluded its negotiations for test
procedure topics on September 7, 2016, with a consensus vote to approve
a term sheet containing recommendations to DOE on scope, definitions,
metric, and the basis of the test procedure (``September 2016 CPWG
Recommendations''). The September 2016 CPWG Recommendations are
available in the CPWG docket. (Docket No. EERE-2016-BT-STD-0004, No.
58)
The CPWG continued to meet to address potential energy conservation
standards for circulator pumps. Those meetings began on November 3-4,
2016, and concluded on November 30, 2016, with approval of a second
term sheet (``November 2016 CPWG Recommendations'') containing CPWG
recommendations related to energy conservation standards, applicable
test procedure, labeling and certification requirements for circulator
pumps. (Docket No. EERE-2016-BT-STD-0004, No. 98) ASRAC subsequently
voted unanimously to approve the September and November 2016 CPWG
Recommendations during a December 2016 meeting. (Docket No. EERE-2013-
BT-NOC-0005, No. 91 at p. 2) \5\
In a letter dated June 9, 2017, HI expressed its support for the
process that DOE initiated regarding circulator pumps and encouraged
the publishing of a NOPR and a final rule by the end of 2017. (Docket
No. EERE-2016-BT-STD-0004, HI, No.103 at p. 1) In response to an early
assessment review request for information (``RFI'') published on
September 28, 2020 regarding the existing test procedures for general
pumps (85 FR 60734, ``September 2020 Early Assessment RFI''), HI
commented that it continues to support the recommendations from the
CPWG. (Docket No. EERE-2020-BT-TP-0032, HI, No. 6 at p. 1) NEEA also
referenced the September 2016 CPWG Recommendations and recommended that
DOE adopt test procedures for circulator pumps in the pumps rulemaking
or a separate rulemaking. (Docket No. EERE-2020-BT-TP-0032, NEEA, No. 8
at p. 8)
On May 7, 2021, DOE published a RFI related to test procedures and
energy conservation standards for circulator pumps and small vertical
in-line pumps. 86 FR 24516 (``May 2021 RFI''). Subsequently, DOE
published a notice of NOPR for the test procedure on December 20, 2021,
presenting DOE's proposals to establish a circulator pump test
procedure and requesting comment. (the ``December 2021 NOPR'') 86 FR
72096. DOE held a public webinar related to the December 2021 NOPR on
February 2, 2022.
DOE received comments in response to the December 2021 NOPR from
the interested parties listed in Table I.1.
[[Page 57267]]
Table I.1--List of Commenters With Written Submissions in Response to the December 2021 NOPR
--------------------------------------------------------------------------------------------------------------------------------------------------------
Commenter(s) Reference in this final rule Docket number Commenter type
--------------------------------------------------------------------------------------------------------------------------------------------------------
New York State Energy Research and NYSERDA....................... EERE-2016-BT-TP-0033-0006..................... State.
Development Authority.
Grundfos Americas Corporation..... Grundfos...................... EERE-2016-BT-TP-0033-0007..................... Manufacturer.
Appliance Standards Awareness Joint Advocates............... EERE-2016-BT-TP-0033-0008..................... Efficiency Organizations.
Project, American Council for an
Energy-Efficient Economy, Natural
Resources Defense Council.
Hydraulic Institute............... HI............................ EERE-2016-BT-TP-0033-0009..................... Trade Association.
Pacific Gas and Electric Company, CA IOUs....................... EERE-2016-BT-TP-0033-0010..................... Utilities.
San Diego Gas and Electric, and
Southern California Edison.
Northwest Energy Efficiency NEEA.......................... EERE-2016-BT-TP-0033-0011..................... Efficiency Organization.
Alliance.
--------------------------------------------------------------------------------------------------------------------------------------------------------
DOE also received a comment from Kobel that was supportive but did
not address the substance of the proposals. (Docket No. EERE-2016-BT-
TP-0033-0005) A parenthetical reference at the end of a comment
quotation or paraphrase provides the location of the item in the public
record.\6\
---------------------------------------------------------------------------
\6\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
test procedures for circulator pumps. (Docket No. EERE-2016-BT-TP-
0033, which is maintained at www.regulations.gov). The references
are arranged as follows: (commenter name, comment docket ID number,
page of that document).
---------------------------------------------------------------------------
II. Synopsis of the Final Rule
In this final rule, DOE is establishing a test procedure in subpart
Y to 10 CFR part 431 that includes methods to (1) measure the
performance of the covered equipment, and (2) use the measured results
to calculate a circulator energy index (``CEI'') to represent the
weighted average electric input power to the driver over a specified
load profile, normalized with respect to a circulator pump serving the
same hydraulic load that has a specified minimum performance level.\7\
The test procedure and metric are similar in concept to the test
procedure and metric established in subpart Y to 10 CFR part 431 for
general pumps.
---------------------------------------------------------------------------
\7\ The performance of a comparable pump that has a specified
minimum performance level is referred to as the circulator energy
rating.
---------------------------------------------------------------------------
DOE's test method for circulator pumps includes measurements of
head, flow rate, and driver power input, all of which are required to
calculate CEI, as well as other quantities to characterize the rated
circulator pump performance (e.g., pump power output (hydraulic
horsepower), speed, wire-to-water efficiency). For consistent and
uniform measurement of these values, DOE is incorporating the test
methods established in HI 40.6-2021, ``Methods for Rotodynamic Pump
Efficiency Testing,'' with certain exceptions. In order to specify
methods to use the measured results to calculate the Circulator Energy
Rating (``CER'') for different circulator varieties, DOE is also
incorporating certain sections of HI 41.5-2022, ``Hydraulic Institute
Program Guideline for Circulator Pump Energy Rating Program.''
DOE reviewed the relevant sections of HI 40.6-2021 and HI 41.5-2022
and determined that those sections will produce test results that
reflect the energy efficiency, energy use, or estimated operating costs
of a circulator pump during a representative average use cycle. (42
U.S.C. 6314(a)(2)) DOE also reviewed the burdens associated with
conducting the circulator pump test procedure adopted in this final
rule and based on the results of such analysis, found that the test
procedure would not be unduly burdensome to conduct. (42 U.S.C.
6314(a)(2)) DOE's analysis of the burdens associated with the test
procedure is presented in section III.H.1 of this document.
This final rule also establishes requirements regarding the
sampling plan and representations for circulator pumps at 10 CFR part
429 subpart B. The sampling plan requirements are similar to those
established for general pumps. DOE also adopts provisions regarding
allowable representations of energy consumption, energy efficiency, and
other relevant metrics manufacturers may make regarding circulator pump
performance (as discussed in section III.G of this document).
The effective date for the amended test procedures adopted in this
final rule is 30 days after publication of this document in the Federal
Register. Manufacturers are not required to test according to the DOE
test procedure until such time as compliance is required with energy
conservation standards for circulator pumps, should DOE establish such
standards. Manufacturers choosing to make voluntary representations
would be required to test the subject circulator pump according to the
established test procedure, and any such representations would have to
fairly disclose the results of such testing.
III. Discussion
In this test procedure final rule, DOE establishes test procedures
and related definitions for circulator pumps in subpart Y of 10 CFR
part 431, amends 10 CFR 429.59 to establish sampling plans for this
equipment, and establishes enforcement provisions for this equipment in
10 CFR 429.110 and 10 CFR 429.134. The requirements and amendments are
summarized in Table III.1.
[[Page 57268]]
Table III.1--Summary of Topics in This Test Procedure Final Rule, Their Location Within the Code of Federal
Regulations, and the Applicable Preamble Discussion
----------------------------------------------------------------------------------------------------------------
Applicable preamble
Topic Location in CFR Summary of requirements discussion
----------------------------------------------------------------------------------------------------------------
Definitions.......................... 10 CFR 431.462......... Defines circulator pump Sections III.B.2,
as well as varieties III.B.3, III.B.4,
of circulator pumps III.B.5, III.B.7, and
and circulator pump III.D.1.
controls.
Test Procedure....................... 10 CFR 431.464 & Establishes CEI as the Sections III.C, III.D,
Appendix D. metric for circulator and III.E.
pumps, incorporate by
reference HI 40.6-
2021, and provides
additional
instructions for
determining the CEI
(and other applicable
performance
characteristics) for
circulator pumps.
Sampling Plan........................ 10 CFR 429.59.......... Specifies the minimum Section III.F.1.
number of circulator
pumps to be tested to
rate a basic model and
determination of
representative values.
Enforcement Provisions............... 10 CFR 429.110 & 10 CFR Establishes a method Section III.F.2.
429.134. for determining
compliance of
circulator pump basic
models.
----------------------------------------------------------------------------------------------------------------
The following sections discuss DOE's specific regulations regarding
circulator pumps. Section III.B presents definitions for categorizing
and testing of circulator pumps. Sections III.C, III.D, III.E, and
III.F discuss the metric, test procedure, and certification and
enforcement provisions for tested circulator pump models. Section III.G
discusses representations of energy use and energy efficiency for
circulator pumps.
A. General Comments
In response to the December 2021 NOPR, several commenters expressed
general statements related to the proposed test procedure. NYSERDA
stated that circulator pumps have a large energy savings potential, as
they are commonly used in multifamily and commercial buildings to
reduce hot water demand time for occupants, and a test procedure that
accurately measures their energy use is vital to measuring code impacts
and meeting New York's greenhouse gas reduction goals. NYSERDA added
that the CPWG developed a thorough set of recommendations, including
definitions, outline of scope, and proposed test procedure, that DOE
should implement. (NYSERDA, No. 6 at p. 1) Joint Advocates supported
the CPWG recommendations along with the changes proposed in the
December 2021 NOPR, consistent with HI 41.5-2021, which were based on
stakeholder feedback in response to the May 2021 RFI. (Joint Advocates,
No. 8 at p. 1) CA IOUs supported the proposed test procedure for the
CEI metric. (CA IOUs, No. 10 at p. 1) And NEEA supported DOE's progress
towards establishing a test procedure and standard for circulator
pumps, stating that most major manufacturers have been prepared to meet
a DOE standard since the CPWG concluded in 2016. (NEEA, No. 11 at p. 1)
ASAP stated that they support the CPWG recommendations as well as the
proposed modification based on stakeholder comments. (ASAP, No. 4 at p.
5)
HI stated that HI and its member companies producing circulators
have continued the work of the CPWG since 2016, by publishing HI 41.5-
2021. HI explained that the industry-led program has been implemented
by manufacturers with energy efficient circulators labeled per the HI
41.5 program and listed on the program website. (HI, No. 9 at p. 1)
As discussed in the following sections, DOE is adopting a test
procedure generally consistent with the procedure proposed in the
December 2021 NOPR, and generally consistent with the recommendations
of the CPWG.
B. Scope and Definitions
As discussed, in the January 2016 TP final rule, DOE adopted a
definition for ``pump,'' as well as definitions for other pump
component- and configuration-related definitions. 81 FR 4086, 4090-4094
(Jan. 25, 2016); see also 10 CFR 431.462. DOE recognized circulator
pumps as a category of pumps, but DOE did not define ``circulator
pump.'' 81 FR 4086, 4097.
In this final rule, DOE is establishing a definition of circulator
pump, associated definitions for categories of circulator pumps, as
well as related definitions for control varieties of circulator pumps
(see sections III.B.2, III.B.3, III.B.4, III.B.5 and III.D.1 of this
final rule). These definitions are necessary to establish the scope of
applicability of the circulator pump test procedure. The scope of the
test procedure is discussed in section III.B.6 of this document.
1. CPWG Recommendations
The September 2016 Circulator Pump Recommendations addressed the
scope of a circulator pumps rulemaking. Specifically, the CPWG
recommended that the scope of a circulator pumps test procedure and
energy conservation standards cover clean water pumps (as defined at 10
CFR 431.462) distributed in commerce with or without a volute \8\ and
that are one of the following categories: wet rotor circulator pumps,
dry rotor close-coupled circulator pumps, and dry rotor mechanically-
coupled circulator pumps. The CPWG also recommended that the scope
exclude submersible pumps and header pumps. 86 FR 24516, 24520; (Docket
No. EERE-2016-BT-STD-0004, No. 58, Recommendations #1A, 2A and 2B at
pp. 1-2) The CPWG also recommended several definitions relevant to
scope, see discussion in sections III.B.3 through III.B.5. 86 FR 24516,
24520; (Docket No. EERE-2016-STD-0004, No. 58, Recommendation #2B, 3A,
and 3B at pp. 2-3)
---------------------------------------------------------------------------
\8\ Volutes are also sometimes referred to as a ``housing'' or
``casing.''
---------------------------------------------------------------------------
DOE notes that generally these definitions recommended by the CPWG
rely on terms previously defined in the January 2016 TP final rule,
including ``close-coupled pump,'' ``mechanically-coupled pump,'' ``dry
rotor pump,'' ``single axis flow pump,'' and ``rotodynamic pump.'' 81
FR 4086, 4146-4147; 10 CFR 431.462. In addition, the recommended
definition for submersible pump is the same as that already defined in
a 2017 test procedure final rule for dedicated-purpose pool pumps
(``DPPP'') (``August 2017 DPPP TP final rule''). 82 FR 36858, 36922
(August 7, 2017); 10 CFR 431.462.
DOE discusses the definitions of wet rotor circulator pump; dry
rotor, two-
[[Page 57269]]
piece circulator pump; dry rotor, three-piece circulator pump; and
horizontal motor in section III.B.3, header pump in section III.B.4,
and submersible pump in section III.B.6 of this final rule.
2. Definition of Circulator Pump
In the December 2021 NOPR, DOE proposed a definition of circulator
pump at 10 CFR 431.462 consistent with the definition recommended by
the CPWG and informed by the standard American National Standards
Institute (``ANSI'')/HI 1.1-1.2-2014 standard (``ANSI/HI 1.1-1.2-
2014''), ``Rotodynamic Centrifugal Pumps for Nomenclature and
Definitions.'' 86 FR 72096, 72101-72102. Specifically, DOE proposed the
following definition for circulator pump:
Circulator pump is a pump that is either a wet rotor circulator
pump; a dry rotor, two-piece circulator pump; or a dry rotor, three-
piece circulator pump. A circulator pump may be distributed in commerce
with or without a volute.
Id. at 86 FR 72102.
DOE requested comment on the proposed definition for circulator
pump. Id. In response to the December 2021 NOPR, HI, Grundfos, NEEA,
and NYSERDA agreed with the proposed definition of circulator pumps.
(HI, No. 9 at p. 3; Grundfos, No. 7 at p. 1; NEEA, No. 11 at p. 2;
NYSERDA, No. 6 at p. 1)
For the reasons discussed in the December 2021 NOPR and in the
preceding paragraphs, in this final rule, DOE adopts the definition of
circulator pump as proposed in the December 2021 NOPR.
The definitions of the pump categories that comprise the scope of
``circulator pump'' are addressed in the following section.
3. Definition of Circulator Pump Varieties
In the December 2021 NOPR, DOE proposed to adopt definitions for
wet rotor circulator pump; dry rotor, two-piece circulator pump; and
dry rotor, three-piece circulator pump at 10 CFR 431.462 as recommended
by the CPWG and supported by stakeholder comments in response to the
May 2021 RFI. 86 FR 72096, 72102. The proposed definitions are as
follows:
Wet rotor circulator pump means a single stage, rotodynamic, close-
coupled, wet rotor pump. Examples include, but are not limited to,
pumps generally referred to in industry as CP1.
Dry rotor, two-piece circulator pump means a single stage,
rotodynamic, single-axis flow, close-coupled, dry rotor pump that:
(1) Has a rated hydraulic power less than or equal to five
horsepower at best efficiency point at full impeller diameter,
(2) Is distributed in commerce with a horizontal motor, and
(3) Discharges the pumped liquid through a volute in a plane
perpendicular to the shaft. Examples include, but are not limited to,
pumps generally referred to in industry as CP2.
Dry rotor, three-piece circulator pump means a single stage,
rotodynamic, single-axis flow, mechanically-coupled, dry rotor pump
that:
(1) Has a hydraulic power less than or equal to five horsepower at
best efficiency point at full impeller diameter,
(2) Is distributed in commerce with a horizontal motor, and
(3) Discharges the pumped liquid through a volute in a plane
perpendicular to the shaft. Examples include, but are not limited to,
pumps generally referred to in industry as CP3.
Id. at 86 FR 72139.
In the December 2021 NOPR, DOE also proposed a definition for
horizontal motor, consistent with the intent of the CPWG:
Horizontal motor means a motor, for which the motor shaft position
when functioning under operating conditions specified in manufacturer
literature, includes a horizontal position.
Id. at 86 FR 72102.
DOE tentatively concluded that the proposed modification to the
horizontal motor definition would provide additional specificity but
would not in practice change the pumps currently excluded from the IL
pump definition (and now proposed to be included in the circulator pump
definition) through use of the term. Id.
DOE requested comment on the proposed definition for horizontal
motor, including whether it met the intent of the CPWG recommendation
or whether it would include other motors not intended to be captured in
the definition. Id.
NYSERDA supported the definitions of wet rotor circulator pump; dry
rotor, two-piece circulator pump; dry rotor, three-piece circulator
pump; and horizontal motor, as recommended by the CPWG. (NYSERDA, No. 6
at pp. 1-2) HI and Grundfos agreed with the proposed definition of
horizontal motor and stated that it meets the intent of the CPWG. (HI,
No. 9 at p. 3; Grundfos, No. 7 at p. 1) NEEA agreed also with the
proposed definition of horizontal motor and stated the definition was
consistent with the intent of CPWG. (NEEA, No. 11 at p. 2)
For the reasons discussed in the December 2021 NOPR and in the
preceding paragraphs, in this final rule, DOE adopts the definitions of
wet rotor circulator pump; dry rotor, two-piece circulator pump; dry
rotor, three-piece circulator pump; and horizontal motor as proposed in
the December 2021 NOPR.
4. Definition of Circulator-Less-Volute and Header Pump
In the December 2021 NOPR, DOE discussed that some circulator pumps
are distributed in commerce as a complete assembly with a motor,
impeller, and volute, while other circulator pumps are distributed in
commerce with a motor and impeller, but without a volute (herein
referred to as ``circulators-less-volute''). Some circulators-less-
volute are solely intended to be installed in other equipment, such as
a boiler, using a cast piece in the other piece of equipment as the
volute, while others can be installed as a replacement for a failed
circulator pump in an existing system or newly installed with a paired
volute in the field. 86 FR 72096, 72102; (Docket No. EERE-2016-BT-STD-
0004, No. 47 at pp. 371-372; Docket No. EERE-2016-BT-STD-0004, No. 70
at p. 99) The CPWG recommended excluding circulator pumps that are
distributed in commerce exclusively to be incorporated into other OEM
equipment, such as boilers or pool heaters. 86 FR 72096, 72103; (Docket
No. EERE-2016-BT-STD-0004, No. 74 at pp. 413-416)
As stated in the December 2021 NOPR, the CPWG suggested referring
to circulator-less-volute that are intended solely for installation in
another piece of equipment and do not have a paired volute that is
distributed in commerce as ``header pumps,'' and recommended defining
header pump as pump that consists of a circulator-less-volute intended
to be installed in an [original equipment manufacturer] ``OEM'' piece
of equipment that serves as the volute. 86 FR 72096, 72103; (Docket No.
EERE-2016-BT-STD-0004, No. 74 at pp. 384-386; No. 58 Recommendation #2B
at p. 2)
The CPWG recommended that for header pumps distributed in commerce
with regulated equipment, DOE should consider modifying the test
procedure and metric for such regulated equipment during the next round
of applicable rulemakings to account for the energy use of header pumps
in a modified metric. For header pumps distributed in commerce with
non-regulated equipment, the CPWG recommended that DOE should consider
[[Page 57270]]
test procedures and standards for such pumps or equipment at a later
date. (Docket No. EERE-2016-BT-STD-0004, No. 58 Non-Binding
Recommendation to the Secretary #2 at p. 10); 86 FR 72096, 72103.
In the December 2021 NOPR, DOE tentatively agreed that a
circulator-less-volute designed solely for use as a component in a
separate piece of equipment should be distinguished from a circulator-
less-volute generally. To provide a distinction between a circulator-
less-volute and a header pump, DOE proposed to add additional detail
within the definition of header pump recommended by the CPWG and to add
a definition of circulator-less-volute to be mutually exclusive from
the definition of a header pump. These definitions proposed by DOE are
as follows:
Header pump means a circulator pump distributed in commerce
without a volute and for which a paired volute is not distributed in
commerce. Whether a paired volute is distributed in commerce will be
determined based on published data, marketing literature, and other
publicly available information.
Circulator-less-volute means a circulator pump distributed in
commerce without a volute and for which a paired volute is also
distributed in commerce. Whether a paired volute is distributed in
commerce will be determined based on published data, marketing
literature, and other publicly available information.
86 FR 72096, 72103.
DOE requested comment on the proposed definitions of header pump
and circulator-less-volute. Id. DOE also tentatively concluded that
requiring testing of header pumps using a reference volute, as required
in EU Regulation No 622/2012, may result in a rating that is not
representative of its energy use in the equipment for which it is
designed, and that assessing header pump energy use within broader
equipment categories in which they are embedded, such as boilers, may
be more appropriate. As such, DOE did not propose to include header
pumps in the scope of the test procedure, nor did it propose a test
method for them. Id.
In response to the December 2021 NOPR, NYSERDA supported the
definition of header pump as recommended by the CPWG. (NYSERDA, No. 6
at p. 2) HI and NEEA agreed with the proposed definitions of header
pump and circulator-less-volute. (HI, No. 9 at p. 3; NEEA, No. 11 at p.
2)
Grundfos agreed with the proposed definition of circulator-less-
volute but stated that header pumps should be included in this
definition and covered by the circulator-less-volute testing
requirements. (Grundfos, No. 7 at p. 1) Additionally, Grundfos noted
that the CPWG's basis for excluding header pumps was because an OEM
specific volute was not available for testing. Grundfos commented that
header pumps are generally the same as standard circulator-less-volutes
in the market and that representative volutes already exist or can be
created by manufacturers. Grundfos stated that DOE should require that
header pumps be tested like circulators-less-volute, except that the
manufacturer determines the volute to be used and make this volute
available for testing on the open market so that all interested parties
can purchase and test the pump in the same manner it was certified.
Grundfos noted that allowing header pumps to exist on the market
without testing creates a loophole that can be exploited to avoid
meeting the test standard and efficiency standard requirements.
(Grundfos, No. 7 at p. 4)
While Grundfos has suggested a method for testing header pumps, DOE
observes that the suggested method would increase burden on
manufacturers by requiring creation of volutes that may not be used in
commerce (given that header pumps are intended solely for installation
in another piece of equipment) and requiring them to be available for
testing on the open market. Additionally, by requiring testing with
volutes for which the application is only for equipment testing, the
suggested method would not be representative of an average use.
Grundfos did not address DOE's tentative determination regarding lack
of representativeness of testing header pumps with reference volutes.
As such, in this final rule, DOE adopts the definitions of header pump
and circulator-less-volute as proposed in the December 2021 NOPR and is
not including header pumps within the scope of the test procedure nor
adopting a test method for header pumps.
5. Definition of On-Demand Circulator Pumps
In the December 2021 NOPR, DOE stated that on-demand circulator
pumps are designed to maintain hot water supply within a temperature
range by activating in response to a signal, such as user presence. 86
FR 72096, 72104. Discussion during CPWG meetings suggested that the
purpose of recommending a definition for on-demand circulator pumps
would be to allow for the possibility of considering them as a separate
equipment class with a different standard level, while still applying
the metric and test procedure to them. (Docket No. EERE-2016-BT-STD-
0004-0069, p. 199)
The CPWG discussed that on-demand controls do not reduce the speed
of the pump, but rather reduce the hours of use. Pumps with on-demand
controls could also have speed controls, which the recommended metric
would capture. (Docket No. EERE-2016-BT-STD-0004-0069, pp. 172-173) In
addition, CPWG members discussed that the extent to which time-based
controls are used is unknown (Id. at p. 176), and that rather than
attempting to capture it in the metric, utility programs could consider
prescriptive rebates associated with these controls. (Id. at p. 178) In
addition, CPWG members suggested that legionella concerns would limit
the application of on-demand controls.\9\ (Id. at pp. 195-196)
---------------------------------------------------------------------------
\9\ As discussed in the transcript, situations where water is
stagnant and the temperature drops can result in growth of
legionella.
---------------------------------------------------------------------------
DOE notes that neither HI 41.5-2021 nor HI 41.5-2022 address on-
demand circulator pumps. DOE proposed to define on-demand circulator
pump at 10 CFR 431.462 consistent with the definition recommended by
the CPWG, as follows:
On-demand circulator pump means a circulator pump that is
distributed in commerce with an integral control that:
Initiates water circulation based on receiving a signal
from the action of a user [of a fixture or appliance] or sensing the
presence of a user of a fixture and cannot initiate water circulation
based on other inputs, such as water temperature or a pre-set schedule.
Automatically terminates water circulation once hot water
has reached the pump or desired fixture.
Does not allow the pump to operate when the temperature in
the pipe exceeds 104 [deg]F or for more than 5 minutes continuously.
86 FR 72096, 72104.
DOE did not propose to exclude on-demand circulator pumps from the
scope of the test procedure or to develop a credit for such controls in
the December 2021 NOPR. DOE noted that if on-demand circulator pumps
are equipped with other controls that reduce speed, they may be tested
according to the relevant test methods rather than using the no
controls test. Id. DOE stated that it would consider whether standards
were appropriate for this equipment in a future energy conservation
standards rulemaking. Id.
DOE requested comment on its proposal to include on-demand
circulator pumps within the scope of
[[Page 57271]]
this test procedure. DOE also requested data and information that would
justify a CEI credit for on-demand circulator pumps. 86 FR 72096,
72104.
Joint Advocates supported inclusion of on-demand controls but noted
that the energy savings benefits of reduced run time would not be
directly captured by the test procedure. Joint Advocates explained that
on-demand controls have the potential to reduce energy consumption in
water recirculation applications. Joint Advocates encouraged DOE to
consider options to promote the adoption of on-demand controls that
reduce energy consumption by reducing circulator pump run-time. (Joint
Advocates, No. 8 at p. 3)
CA IOUs supported DOE's proposed definition of the on-demand
circulator pump product class, in particular that a product must be
exclusively an on-demand circulator and should not support additional
control modes typical of other circulator products (e.g., constant
pressure), or support bypass functionality, ensuring that users receive
consistent run-hour reduction benefits relative to conventional
products. (CA IOUs, No. 10 at p. 2) CA IOUs stated they aim to
encourage widespread market adoption in the domestic hot water sector,
in part by maintaining the cost benefit to consumers of this product.
CA IOUs included an analysis of potential costs and benefits to a
consumer when applying a 1.0 CEI requirement, which would imply an
electrically commutated motor (``ECM''). CA IOUs stated that, based on
their analysis, cost is the largest influencing factor of consumer
payback, followed by runtime hours, with CEI as the least influential
factor.\10\ Based on this, CA IOUs encouraged DOE to develop a
methodology for on-demand circulator products that does not require the
ECM level unless lifecycle cost effectiveness can be demonstrated. (CA
IOUs, No. 10 at pp. 3-5). CA IOUs stated that baseline operating hours
of a domestic hot water circulator product is 6,400 hours per year and
the on-demand product is instead 92, a ratio of 0.014. CA IOUs
encouraged DOE to develop a CEI score for circulator products that
demonstrates the substantial energy savings available and allows for
field representative lifecycle cost-benefit calculations. (CA IOUs, No.
10 at p. 5)
---------------------------------------------------------------------------
\10\ CA IOUs also included a discussion regarding potential
economics for consumers with electric water heaters versus natural
gas water heaters.
---------------------------------------------------------------------------
NEEA recommended that DOE require testing circulator pumps at full
speed but provide a CEI credit for circulator pumps intended for
domestic hot water recirculation equipped with run-hour controls. NEEA
stated that eliminating unnecessary operation at no cost of convenience
or performance to customers, is the most significant method to reduce
circulator energy consumption. NEAA added that ignoring this factor
misses an important opportunity for energy conservation and fails to
communicate energy savings to the market. NEEA commented that a CEI
credit is the most effective strategy to convey this factor to
consumers. (NEEA, No. 11 at pp. 1-2)
Additionally, NEEA stated that efficient run hour controls include
temperature (i.e., aquastat), on-demand, learning, or a combination of
timer and temperature run-hour controls. NEEA noted that the Regional
Technical Forum's circulator measure workbook contains calculations
about the potential energy savings from run-hour controls on domestic
hot water circulators, and that according to this analysis, run-hour
controls reduce energy consumption by 50 percent to 99 percent. NEEA
stated that the CEI credit should accurately reflect the energy savings
reduction from each control type. However, NEEA commented that savings
from learning-based controls are less well-proven in the field, and
that there is concern that timer-based controls can be overridden or
set to a high number of hours to avoid homeowner complaints. But NEEA
noted also that their research indicates that timer-controls are
relatively consistently applied. (NEEA, No. 11 at p. 4) NEEA suggested
that there should be different CEI credits for different control types,
especially on-demand and temperature-based, due to differences between
commercial and residential applications. (NEEA, No. 11 at pp. 4-5)
NEEA recommended that rating equipment with applicable run hours
controls should be optional so as to represent an opportunity rather
than a burden, especially for manufacturers of equipment with on-demand
controls that cannot operate without them, to potentially comply with
future standards without redesigning the motor. NEEA stated that
circulators that can only be operated with on-demand controls represent
a small portion of the market but are very efficient due to extremely
low run hours and increasing the efficiency of the pump and motor would
likely not be cost effective. NEEA stated that an appropriate CEI
credit could allow such equipment to remain on the market at a cost-
competitive price point, which may increase their adoption and lead to
more overall pump and hot water savings. (NEEA, No. 11 at p. 5)
NEEA stated that in order for the CEI credit to not represent a
loophole in the standard, DOE must calibrate the credit to ensure it
provides a comparable and meaningful metric compared to the hydronic
heating controls currently proposed in the test procedure, and require
rating with the most consumptive control available, such that the mere
availability of run-hour controls (or other efficient controls) do not
circumvent the desired efficiency of the standard. NEEA suggested that
DOE consider the relative run hours of hydronic heating versus domestic
hot water installations, as temperature-based run-hour controls may run
a similar number of hours as hydronic heating controls and a
significant credit may not be warranted. (Id.)
NEEA noted that the CEI credit concept was not discussed in the
CPWG nor approved in the term sheet, and that an appropriate credit and
certification system may take time to develop and implement. NEEA
stated that, while DOE could make a reasonable proposal now, the
addition of special treatment for run-hours-controls-equipped
circulators could be considered in the future with more opportunity for
discussion and input. In this case, NEEA recommended that on demand
circulators not be exempted and be covered by the applicable test
procedure and any future standard to provide consistency for
manufacturers and the market. (NEEA, No. 11 at p. 5)
HI agreed with the proposed definition of on-demand circulator pump
and inclusion of on-demand circulating pump within the scope of the
test procedure. However, HI stated that domestic hot water circulators
come with several intermittent control methods, including temperature
and timer, that all provide reduced energy consumption versus a
circulator under continuous operation. HI stated that as DOE only
identified on-demand controls in the December 2021 NOPR, DOE should not
consider credits for them. HI stated that in future rulemakings DOE
should consider creating a category and test procedure calculations for
intermittent controlled domestic hot water circulator pumps that define
an average use case for this new category of pumps, including operating
hours and load points. (HI, No. 9 at p. 3) Grundfos stated that
inclusion of on-demand circulator pumps is warranted but commented
similarly to HI regarding the other control methods that were not
included, recommending that these categories should be included in a
separate rulemaking. (Grundfos, No. 7 at p. 1)
[[Page 57272]]
After reviewing and considering all the comments on on-demand
circulator pumps, DOE is adopting a definition for on-demand circulator
pumps and a scope of applicability for the test procedure that includes
on-demand circulator pumps, as proposed. DOE is not adopting a CEI
credit for on-demand circulators in this rulemaking. Such a credit was
not discussed by the CPWG, nor proposed in the NOPR. As noted by the
commenters, development of further information as to the prevalence,
variety, and operation of on-demand controls is likely needed.
Accordingly, DOE is not addressing a CEI credit for on-demand
circulator pumps in this final rule. In response to the comments from
CA IOUs and NEEA, DOE will consider the appropriate scope and product
categories for standards for on-demand circulators in a separate energy
conservation rulemaking.
6. Applicability of Test Procedure Based on Pump Configurations
In the December 2021 NOPR, DOE proposed that the test procedure
would be applicable to circulator pumps that are clean water pumps,
including circulators-less-volute and on-demand circulator pumps, and
excluding header pumps and submersible pumps (as recommended by the
CPWG). DOE requested comment on the proposed scope. 86 FR 72096, 72105.
NEEA agreed with the proposed scope of applicability. (NEEA, No. 11
at p. 2) NYSERDA supported the proposed test procedure scope,
specifically as limited to clean water pumps, consistent with the scope
of general pumps. (NYSERDA, No. 6 at p. 2) HI agreed with the proposed
scope of applicability to exclude header pumps and submersible pumps
but include circulator-less-volute pumps. (HI, No. 9 at p. 4) Joint
Advocates supported exclusion of header pumps. (Joint Advocates, No. 8
at p. 1)
Grundfos agreed that submersible pumps should be excluded but
stated that header pumps should be included. (Grundfos, No. 7 at p. 1)
As discussed in section III.B.4 of this document, DOE continues to
have concerns about the representativeness of including header pumps in
the scope of the test procedure and, therefore, is not including them
in scope.
For the reasons discussed in the December 2021 NOPR and in the
preceding paragraphs, in this final rule, DOE is adopting the scope as
proposed in the December 2021 NOPR.
7. Basic Model
In the course of regulating consumer products and commercial and
industrial equipment, DOE has developed the concept of a ``basic
model'' to determine the specific product or equipment configuration(s)
to which the regulations would apply. For the purposes of applying the
proposed circulator pump regulations, DOE proposed to rely on the
definition of ``basic model'' as currently defined at 10 CFR 431.462.
86 FR 72096, 72105. DOE stated that application of the current
definition of ``basic model'' would allow manufacturers of circulator
pumps to group similar models within a basic model to minimize testing
burden, while ensuring that key variables that differentiate circulator
pump energy performance or utility are maintained as separate basic
models. Id. As proposed, manufacturers would be required to test only a
representative number of units of a basic model in lieu of testing
every model they manufacture. Id. As proposed, individual models of
circulator pumps would be permitted to be grouped under a single basic
model, so long as all grouped models have the same representative
energy performance, which is representative of the least efficient or
most consumptive unit. Id.
Specifically, for pumps, DOE's existing definition of basic model
is as follows:
Basic model means all units of a given class of pump manufactured
by one manufacturer, having the same primary energy source, and having
essentially identical electrical, physical, and functional (or
hydraulic) characteristics that affect energy consumption, energy
efficiency, water consumption, or water efficiency; and, in addition,
for pumps that are subject to the standards specified in 10 CFR
431.465(b), the following provisions also apply:
(1) All variations in numbers of stages of bare RSV and ST pumps
must be considered a single basic model;
(2) Pump models for which the bare pump differs in impeller
diameter, or impeller trim, may be considered a single basic model;
and
(3) Pump models for which the bare pump differs in number of
stages or impeller diameter, and which are sold with motors (or
motors and controls) of varying horsepower may only be considered a
single basic model if:
(i) For ESCC, ESFM, IL, and RSV pumps, each motor offered in the
basic model has a nominal full load motor efficiency rated at the
Federal minimum (see the current table for NEMA Design B motors at
Sec. 431.25) or the same number of bands above the Federal minimum
for each respective motor horsepower (see Table 3 of appendix A to
subpart Y of this part); or
(ii) For ST pumps, each motor offered in the basic model has a
full load motor efficiency at the default nominal full load
submersible motor efficiency shown in Table 2 of appendix A to
subpart Y of this part or the same number of bands above the default
nominal full load submersible motor efficiency for each respective
motor horsepower (see Table 3 of appendix A to subpart Y of this
part).
10 CFR 431.462.
In the December 2021 NOPR, DOE stated that only the general
provisions of the basic model definition would be applicable to
circulator pumps and no additional provisions specific to circulator
pumps would be necessary. 86 FR 72096, 72106. DOE requested comment on
the proposed applicability of the definition of ``basic model'' at 10
CFR 431.462 to circulator pumps and any characteristics unique to
circulator pumps that may necessitate modifications to that definition.
Id.
HI and Grundfos agreed that the main paragraph of the basic model
definition is accurate for circulator pumps, but stated that DOE should
explicitly exclude parts 1, 2, and 3 of the definition. (HI, No. 9 at
p. 4; Grundfos, No. 7 at p. 2)
As discussed in the December 2021 NOPR, provisions (1)-(3) of the
basic model definition would not apply to circulator pumps based on the
nature of how circulator pumps are designed and distributed in
commerce. 86 FR 72096, 72106. Therefore, DOE does not need to exclude
these provisions explicitly and instead applies the existing definition
of ``basic model'' at 10 CFR 431.462 to circulator pumps, consistent
with the application of that definition to dedicated-purpose pool
pumps, for which provisions (1)-(3) would also not be applicable due to
lack of variation in stages and impeller trims within a pump model.
C. Rating Metric
In the December 2021 NOPR, DOE proposed to adopt the CEI metric as
the performance-based metric for representing the energy performance of
circulator pumps, as defined in equation (1), and consistent with
Section 41.5.3.2 of HI 41.5-2021. 86 FR 72096, 72107. DOE noted that
while HI 41.5-2021 defines the denominator as CERREF, DOE
believed that the terminology CERSTD is more reflective of
the Federal energy conservation standards. Id. Any standards considered
for any circulator pumps for which the CEI is applicable would use this
metric as a basis for the standard level.
[[Page 57273]]
[GRAPHIC] [TIFF OMITTED] TR19SE22.017
Where:
CER = circulator energy rating (hp); and
CERSTD = circulator energy rating for a minimally
compliant circulator pump serving the same hydraulic load.
Id.
In the December 2021 NOPR, DOE stated that the CPWG specified a
method for determining the denominator of the metric with procedures to
determine the minimally compliant overall efficiency at the various
test points based on the hydraulic performance of the rated circulator
pump. 86 FR 72096, 72106; (Docket No. EERE-2016-BT-STD-0004, No. 98
Recommendations #1 and 2A-D at pp. 1-4). As discussed, the denominator
would represent the energy efficiency of a circulator pump that is
minimally compliant with the applicable energy conservation standard,
should DOE establish such a standard. Were DOE to conduct a rulemaking
to propose energy conservation standards for circulator pumps, DOE
would discuss in detail the derivation of the denominator, as well as
an analysis as required by EPCA to evaluate any such standard level to
determine the level designed to achieve the maximum improvement in
energy efficiency that is technologically feasible and economically
justified, as required under EPCA.\11\ DOE noted that the recommended
method for determining the denominator relies on the hydraulic
horsepower of the rated circulator pump, which was also discussed in
the December 2021 NOPR. 86 FR 72096, 72106-72107.
---------------------------------------------------------------------------
\11\ For more information on any energy conservation standard
rulemaking for circulator pumps, see Docket No. EERE-2016-BT-STD-
0004.
---------------------------------------------------------------------------
DOE requested comment on its proposal to adopt CEI as the metric to
characterize the energy use of certain circulator pumps and on the
proposed equation for CEI. Id. at 86 FR 72107.
HI, Grundfos, NEEA, and NYSERDA supported adoption of CEI. (HI, No.
9 at p. 5; Grundfos, No. 7 at p. 2; NEEA, No. 11 at p. 2; NYSERDA, No.
6 at p. 2) NYSERDA noted that CEI is consistent with HI 41.5-2021,
developed by CPWG members based on the approved CPWG term sheet, and
supported by a variety of stakeholders. (NYSERDA, No. 6 at p. 2) DOE
notes that HI 41.5-2022 has the same definition of CEI as HI 41.5-2021.
For the reasons discussed in the December 2021 NOPR and in the
preceding paragraphs, in this final rule, DOE adopts CEI as the metric
to characterize the energy use of circulator pumps and the equation for
CEI as proposed in the December 2021 NOPR.
D. Test Methods for Different Circulator Pump Categories and Control
Varieties
In the December 2021 NOPR, DOE stated that many circulator pumps
are sold with a variable speed drive and controls (i.e., logic or user
interface) with various control strategies that reduce the required
power input at a given flow rate to save energy. The primary varieties
of control recommended by the CPWG include manual speed controls,
pressure controls, temperature controls, and external input signal
controls. (Docket No. EERE-2016-BT-STD-0004, No. 58 Recommendations #4
at p. 4) For the test procedure to produce results that reflect
variations in energy consumption associated with the various control
strategies that could be implemented in a circulator pump, the CPWG
recommended that DOE establish different test methods for each control
variety in the circulator test procedure. 86 FR 72096, 72107; (Docket
No. EERE-2016-BT-STD-0004, No. 58 Recommendations #6A and #6B at pp. 4-
6).
Section III.D.1 discusses DOE's definitions for each of these
circulator pump control varieties.
Section III.D.2 discusses the reference system curve that serves as
a basis for rating each variety of circulator pump controls.
Sections III.D.3 through III.D.7 discuss the specific test
provisions for pressure controls, temperature controls, manual speed
controls, external input signal controls, and no controls,\12\
respectively.
---------------------------------------------------------------------------
\12\ In this document, circulator pumps with ``no controls'' are
also inclusive of other potential control varieties that are not one
of the specifically identified control varieties. See section
III.D.7 of this document.
---------------------------------------------------------------------------
In response to the December 2021 NOPR, NEEA stated that they agreed
with the proposed procedures for specific circulator types and control
methods. (NEEA, No.11 at p. 2) Joint Advocates stated that they support
the use of unique test point weights for different control types.
(Joint Advocates, No. 8 at p. 1)
In the December 2021 NOPR, DOE considered incorporating HI 41.5-
2021, ``Hydraulic Institute Program Guideline for Circulator Pump
Energy Rating Program,'' which provides additional instructions for
testing circulator pumps to determine an Energy Rating value for
different circulator pump control varieties. DOE tentatively determined
not to directly incorporate HI 41.5-2021. Unlike HI 40.6-2021, which is
an industry test standard, HI 41.5-2021 is a guideline for
participation in an industry program and includes many provisions not
relevant to DOE. However, DOE preliminarily determined that its
proposed test methods and calculations that supplement the proposed
incorporation by reference of HI 40.6-2021, as discussed in sections
III.D and III.E.2.c of this document, were consistent with HI 41.5-
2021. 86 FR 72096, 72099.
In response to the December 2021 NOPR, HI requested that DOE
incorporate by reference appropriate sections of HI 41.5-2021, instead
of restating the requirements in the test procedure, noting support
from additional stakeholders in response to the May 2021 RFI. (HI, No.
9 at p. 1) HI stated that this will reduce testing burden by
eliminating confusion between DOE's test procedure and HI's standard
and will significantly simplify and shorten the regulatory text
language in appendix D. HI stated that many of DOE's requests for
comment in the December 2021 NOPR were fully covered by HI 41.5, and
slight changes by DOE could cause confusion in the market while not
being beneficial to energy efficiency. (HI, No. 9 at pp. 1-2). HI did
not recommend that DOE incorporate by reference HI 41.5 in full, but
rather that DOE incorporate a table summarizing the appropriate Section
of HI 41.5-2021 for each control method, and by referencing the
appropriate Section of HI 41.5-2021 in each applicable section of the
regulatory text. (HI, No. 9 at pp. 2-3).
Grundfos stated that DOE should incorporate HI 41.5-2021, Table
41.5.3 into appendix D, similar to Table 1 in appendix A, to clarify
what testing is required based on the control method(s) of a circulator
pump and to directly reference HI 41.5-2021 for testing
[[Page 57274]]
procedures instead of recreating the language within the test procedure
itself. (Grundfos, No .7 at p. 7)
NEEA also disagreed that DOE is not able to adopt HI 41.5-2021
directly. NEEA stated that while HI 41.5-2021 is a rating guide for
HI's Energy Rating program for circulators, it also contains the
necessary test provisions for circulators and is identical to the test
procedure DOE proposed. As such, NEEA found this proposal in the
December 2021 NOPR to be confusing and burdensome for manufacturers and
the market, as manufacturers have invested in testing and rating
circulators according to HI 41.5-2021 and labeling equipment
accordingly. NEEA noted that if there are minor difference between
DOE's proposal and HI 41.5-2021, retesting might be required to ensure
compliance without substantively affecting the efficiency of the
equipment or the overall test result. NEEA stated that it would be more
simple and less confusing to have just one test procedure for CEI. NEEA
recommended that DOE reference the appropriate sections in HI 41.5-
2021, rather than writing each section out in full. (NEEA, No. 11 at
pp. 2-3) NEEA's suggestions for references are consistent with those
provided by HI.
Following publication of the December 2021 NOPR, HI released a new
version of HI 41.5, HI 41.5-2022 ``Hydraulic Institute Program
Guideline for Circulator Pump Energy Rating Program''. In this version
of the industry guideline, HI corrected errors in certain test methods,
provided additional specificity regarding certain provisions, and
removed provisions specific to the HI Energy Rating program. These
changes are discussed in the following subsections. Having considered
comments suggesting that adding additional regulatory text would be
confusing and burdensome, and due to the changes made in HI 41.5-2022,
DOE is incorporating by reference HI 41.5-2022, adopting only sections
specific to the test methods for control modes as requested by
stakeholders. This limitation of the reference addresses DOE's concerns
about the inclusion of provisions not relevant to DOE.
In the December 2021 NOPR, DOE proposed that manufacturers could
select the control variety used for testing if the circulator pump
model is distributed in commerce with multiple control varieties, which
DOE expected would typically be the least consumptive control mode.
However, DOE proposed that manufacturers may select multiple control
varieties with which to test their circulator pumps and noted that DOE
would address certification requirements in any future energy
conservation standard rulemaking.\13\ DOE requested comment on this
proposal. 86 FR 72096, 72108.
---------------------------------------------------------------------------
\13\ For more information on any energy conservation standard
rulemaking for circulator pumps, see Docket No. EERE-2016-BT-STD-
0004.
---------------------------------------------------------------------------
Joint Advocates stated that when given the option to choose a
control variety for rating, it is expected that most manufacturers
would choose the least consumptive control curve, so in practicality
there would be little difference between the ``manufacturer-selected''
and the ``least-consumptive'' control methods. Joint Advocates stated
that requiring additional reporting of ratings representing the ``most-
consumptive'' control method may encourage adoption of energy efficient
options and would better inform purchases. (Joint Advocates, No. 8 at
p. 3)
Joint Advocates and CA IOUs noted that the HI labeling program
requires testing of the most and least consumptive control modes.
(Joint Advocates, No. 8 at p. 3; CA IOUs, No. 10 at p. 1) CA IOUs added
that manufacturers are intended to compete primarily on the least
consumptive control mode, that most manufacturers are participating,
and that therefore manufacturers will have test data in hand for both
most and least consumptive control modes. (CA IOUs, No. 10 at pp. 1-2)
CA IOUs agreed with DOE's reasoning that the least consumptive
control mode is where the products are most easily differentiated from
each other and is representative of the circulator product performance
in the field under a variety of scenarios. CA IOUs noted that there
would be no need for DOE to specify least consumptive prescriptively
and supported the proposal that manufacturers select the control mode
to be tested. (CA IOUs, No. 10 at p. 2)
CA IOUs recommend that DOE require reporting of the most
consumptive product performance values and reporting of the control
type used for certification rating (i.e., least consumptive). CA IOUs
noted that the most consumptive control mode data is a direct
indication of product mechanical performance at the CEI rating load
points, unlike the least consumptive mode which also assesses the
control system's performance. (Id.) CA IOUs also noted that the control
scheme used can have a considerable influence on the results of the CEI
rating at the least consumptive control method, so the CA IOUS
recommended that control scheme used as part of rating should be
reported in a supplemental information field. CA IOUs recommended that
adaptive pressure controls have a unique control classification as part
of the rating. (Id.)
NEEA recommended that DOE require testing in the most consumptive
control strategy, likely full speed, and set the performance standard
at efficiency level (``EL'') 1.5 (i.e., a nominally lower efficiency
level than the EL2 recommended by the CPWG). NEEA stated that the
intent of a DOE standard and the CPWG recommendation is to raise the
performance of all circulators in commerce to a minimum threshold,
which should be one to be powered by electrically commutated (``EC'')
motors. NEEA stated that the proposed test procedure requires
circulators to be capable of reaching the required efficiency level but
allows equipment to operate below the rated efficiency when installed.
NEEA stated that this approach is not an appropriate regulatory
mechanism nor is it representative of how circulators are operated in
the market. Therefore, NEEA recommended testing in the most consumptive
control strategy. (NEEA, No. 11 at p. 2) NEEA added that non-guaranteed
performance would discourage utility circulator energy conservation
programs. (NEEA, No. 11 at p. 7) NEEA stated that a DOE standard based
on the most consumptive control setting creates a baseline above which
utilities can incentivize increased performance, such as using the
least consumptive control setting. (NEEA, No. 11 at p. 9)
NEEA stated that it believed the CPWG intent was for all circulator
pumps sold in commerce to be equipped with either an EC motor or
advanced controls. NEEA stated that by using least consumptive as the
standard, installers would have the option to choose between controls
that meet DOE's standard and controls that do not. NEEA stated that it
did not believe that the least consumptive setting available is
representative of how circulators with multiple control strategies will
be installed, and that at this time information on what is
representative is not available (NEEA, No. 11 at p. 6)
NEEA commented that not all EC motors meet EL 2 (the level
recommended by the CPWG), and as such EL 1.5 might be appropriate when
paired with a most consumptive requirement (which would tend to produce
lower ratings for a given circulator pump model). NEEA stated that if
DOE allows manufacturers to choose the control setting, then EL2 is
appropriate. (NEEA, No. 11 at p. 7) NEEA stated that testing in the
most consumptive setting and using EL 1.5 as
[[Page 57275]]
the standard allows DOE to increase the standard in future circulator
rulemakings, which would be difficult based on least consumptive
settings. (NEEA, No .11 at p. 9)
NEEA also recommended that DOE allow manufacturers to test in
another control setting of their choosing to represent the range of
efficiency available in a product to the market, and that the CEI of
the most consumptive control strategy and any other CEI be reported to
DOE and included on the circulator nameplate. (NEEA, No. 11 at p. 6)
NEEA stated that multiple ratings would support the market in adopting
energy efficient options and technologies beyond the minimum threshold
set by the standard. NEEA noted that manufacturers already support
testing in most consumptive control setting through the HI Energy
Rating program. (NEEA, No. 11 at p. 8)
HI stated that, for DOE compliance, the manufacturer should be able
to select any control mode that results in a compliant rating. (HI, No.
9 at p. 4) Grundfos agreed that the manufacturer should be allowed to
select the control method tested. However, Grundfos stated that
reporting of the control method used, and the actual parameters of the
testing need to be addressed in detail in the circulator efficiency
standard. Grundfos gave as an example, where a user can adjust
setpoints for maximizing their system, this should be detailed in
reporting to DOE, so repeatability of testing is possible. (Grundfos,
No. 7 at p. 2)
DOE is adopting provisions in section 2.2 of appendix D to allow
manufacturers to use the DOE test procedure to test any control variety
available on a given circulator pump model, as proposed in the December
2021 NOPR. In response to NEEA's recommendation that DOE require
testing in the most consumptive control strategy, DOE notes that
circulator pumps may be sold with multiple control varieties, and DOE
has determined that consumers may benefit from having access to CEI
ratings at full speed and with various control options. Whether
compliance with any standard established, should energy conservation
standards be established, would be based on a specific control mode (or
no controls), or whether certain information related to the control
mode used for testing would be required as part of certification, would
be addressed in an energy conservation standard rulemaking.
1. Definitions Related to Circulator Pump Control Varieties
In the December 2021 NOPR, DOE proposed to define external input
signal control, manual speed control, pressure control, and temperature
control as recommended by the CPWG and consistent with HI 41.5-2021:
Manual speed control means a control (variable speed drive
and user interface) that adjusts the speed of a driver based on manual
user input.
Pressure control means a control (variable speed drive and
integrated logic) that automatically adjusts the speed of the driver in
response to pressure.
Temperature control means a control (variable speed drive
and integrated logic) that automatically adjusts the speed of the
driver continuously over the driver operating speed range in response
to temperature.
External input signal control means a variable speed drive
that adjusts the speed of the driver in response to an input signal
from an external logic and/or user interface.
86 FR 72096, 72108-72109.
DOE also proposed to define adaptive pressure control as follows:
Adaptive pressure control means a pressure control that
continuously senses the head requirements in the system in which it
is installed and adjusts the control curve of the pump accordingly.
DOE requested comment on this definition. 86 FR 72096, 72109.
In response, HI suggested modifications to the proposed definition
and stated that adaptive pressure control pumps do not always operate
continuously. HI proposed the following definition:
Adaptive pressure control means a pressure control that senses the
head requirements in the system in which it is installed and adjusts
the pump control curve accordingly.
(HI, No. 9 at p. 4)
Grundfos agreed with the suggested modification detailed by HI.
(Grundfos, No. 7 at p. 2)
In this final rule, for the reasons discussed in the December 2021
NOPR, DOE adopts the definitions for external input signal control,
manual speed control, pressure control, and temperature control as
proposed in the December 2021 NOPR. For the reasons discussed in the
NOPR, and in order to capture controls that do not always operate
continuously, as identified by HI and Grundfos, DOE is adopting the
definition for adaptive pressure control as recommended by HI and
Grundfos.
2. Reference System Curve
In the December 2021 NOPR, DOE stated that all recommended test
methods for circulator pump control varieties, which involve variable
speed control of the circulator pump, specify test points with respect
to a representative system curve. 86 FR 72096, 72109. That is, for
circulator pumps with manual speed controls, pressure controls,
temperature controls, or external input signal controls, a reference
system curve is implemented to be representative of the speed reduction
that is possible in a typical system to provide representative results.
Id. For circulator pumps with no controls, no reference system is
required as measurements are taken at various test points along a pump
curve at maximum speed only. Id.
Such a reference system curve describes the relationship between
the head and the flow at each test point in a typical system.
Additionally, a reference system curve that is representative of a
typical system in which circulator pumps are installed may also allow
for the differentiation of control varieties to be reflected in the
resulting ratings. DOE proposed to incorporate a quadratic reference
system curve as recommended by the CPWG and consistent with HI 41.5-
2021, which includes this reference curve in each of the individual
control test methods (sections 41.5.3.4.2 #3d, 41.5.3.4.3 #2,
41.5.3.4.4.1 #2, 41.5.3.4.4.2 #2, and 41.5.3.4.5 #2d). Id. The proposed
reference system curve intersects the BEP and has a static offset of 20
percent of BEP head, as shown in equation (2).
[GRAPHIC] [TIFF OMITTED] TR19SE22.018
[[Page 57276]]
Where:
H = the pump total head (ft),
Q = the flow rate (gpm),
Q100 = flow rate at 100 percent of BEP flow
(gpm), and
H100 = pump total head at 100 percent of BEP flow
(ft).
86 FR 72096, 72109-72110.
DOE received no comments on the proposed reference system curve. As
noted in section II, DOE is incorporating by reference sections of HI
41.5-2022 for each control mode test method, which include the
reference curve equation, and is the same as HI-41.5-2021. As such, DOE
is adopting the proposed reference curve through reference to HI 41.5-
2022 and is not establishing an additional section in its test
procedure specifying the reference curve as applicable to all test
methods.
As such, DOE adopts the curve as described in Equation 2 and
proposed in the December 2021 NOPR. Pressure Control.
In the December 2021 NOPR, DOE proposed a test method for
circulator pumps with pressure controls consistent with the method
included in HI 41.5-2021 and deviating from that proposed by the CPWG.
86 FR 72096, 72111-72112. Specifically, DOE proposed that circulator
pumps with pressure controls be tested at test points of 25, 50, 75,
and 100 percent of BEP flow based on a manufacturer-selected control
curve that is available to the end user, must produce a head equal to
or greater than 25 percent of BEP head at a minimum of one test point,
and must achieve 100 percent BEP flow of the reference curve. Id. at 86
FR 72112. DOE proposed that such the test points may be obtained based
on automatic speed adjustment, manual speed adjustment, or simulated
pressure signal, or a combination of these adjustments, including
throttling. Id. Additionally, DOE proposed that the CEI for circulator
pumps with pressure controls be calculated with the unique weights and
test points as shown in equation (3):
[GRAPHIC] [TIFF OMITTED] TR19SE22.019
Where:
CER = circulator pump energy rating (hp);
wi = weight of 0.05, 0.40, 0.40, and 0.15 at test points
of 25, 50, 75, and 100 percent of BEP flow, respectively;
Pin,i = power input to the driver at each test point i
(hp); and
i = test point(s), defined as 25, 50, 75, and 100 percent of the
flow at BEP.
Id. at 86 FR 72110.
Additionally, in a deviation from CPWG recommendations and based on
stakeholder comments on the May 2021 RFI and the contents of HI 41.5-
2021, DOE stated that it agreed with commenters that it is important
for the test method to capture the variety of pressure controls on the
market, and that correction back to the reference curve would prevent
any unfair advantage among the variety of controls on the market. Id.
at 86 FR 72112. DOE requested comment on the proposed test method for
circulator pumps with pressure controls. Id.
Joint Advocates supported the proposed update, consistent with HI
41.5-2021, relating to pressure control system test points, stating
that they understand that many programmed control curves were not
testable under the older methodology because the control systems of
some circulator pumps may operate at head pressures below the reference
curve provided in HI 41.5-2018. Referring to the proposed update and
the contents of HI 41.5-2021, Joint Advocates added that they
understand that the power correction back to the reference curve
assumes a constant pump efficiency, is valid, and does not give an
arbitrary advantage to products using this assumption. (Joint
Advocates, No. 8 at p. 2) Grundfos stated that DOE should not recreate
language from HI 41.5 and instead point to HI 41.5.3.4.2 for testing
circulator pumps with pressure controls. (Grundfos, No. 7 at p. 2)
In the December 2021 NOPR, DOE stated that it was aware of some
circulator pumps that are equipped with user-adjustable pressure
controls such that the maximum and minimum head values on the control
curve can be set to specifically match the system into which the pump
is being installed. 86 FR 72096, 72112. DOE's interpretation of HI
41.5-2021 was that these types of controls are not addressed in the
industry standard. To test such controls, DOE proposed that the maximum
and minimum head values on user-adjustable pressure controls may be
adjusted, if possible, to coincide with a maximum head value at the
pump's BEP and a minimum head value equivalent to 20 percent of the BEP
head value (consistent with the static offset of the proposed reference
system curve). Id. If only the maximum or minimum head value can be
adjusted, DOE proposed that only the adjustable setting would be
adjusted. In either case, DOE also proposed that the settings can be
adjusted for testing only if they are adjustable by the user. Id. DOE
stated that this proposed methodology would result in the most
representative performance of such adjustable controls by preventing
the testing of specifically tuned control options that would not be
representative of likely field performance. Id. DOE noted that further
adjustment to attain 100 percent of BEP head would be required. Id.
In summary, for adjustable pressure controls with user-adjustable
maximum and/or minimum head values, DOE proposed to allow one-time
manual adjustment of the maximum and/or minimum control curve head
values, as applicable, to coincide with a maximum head value at the
pump's BEP and a minimum head value equivalent to 20 percent of the BEP
head value with all subsequent test points taken along the adjusted
control curve. DOE requested comment on whether specific test
provisions for circulator pumps equipped with user-adjustable pressure
controls are needed, and if so, on the proposed provisions for such
pumps. Id.
Joint Advocates supported DOE's approach to testing user-adjustable
controls, noting that DOE's interpretation of HI 41.5-2021 is that
these controls are not addressed in the industry standard. Joint
Advocates stated that, importantly, DOE's proposal states that settings
can only be adjusted for testing if they are adjustable by the user,
which would prevent testing of specifically tuned control options that
are not representative. (Joint Advocates, No. 8 at pp. 2-3)
HI and Grundfos stated that circulator pumps with user-adjustable
pressure controls are addressed in HI 41.5-2021 in section 41.5.3.4.2
and should be tested accordingly. (HI, No. 9 at pp. 4-5; Grundfos, No.
7 at p. 2) HI noted that no special provisions or alternative test
[[Page 57277]]
methods are needed. (HI, No. 9 at p. 5) Grundfos added that DOE should
properly collect this adjustment data through reporting for repeatable
testing. (Grundfos, No. 7 at p. 2)
Upon review of HI 41.5-2021, DOE finds that its proposals in the
December 2021 NOPR related to adjustable pressure controls are a more
specific implementation of the requirements for pressure controls in
section 41.5.3.4.2 #3. Specifically, user-adjustable controls allow the
user to create a control curve, and the control curve created by
adjusting the maximum and/or minimum head values must be available to
the end user, produce a head equal to or greater than 25 percent of BEP
head at a minimum of one test point, and achieve 100 percent BEP flow
of the reference curve. While DOE's proposal has more specificity that
could increase repeatability, DOE notes that all of DOE's proposed test
methods for the various speed control varieties, as well as the methods
in HI 41.5-2022, allow some discretion by the manufacturer with regard
to exactly which settings to use. As such, DOE is not adopting its
proposal specific to user-adjustable controls, and, in response to
Grundfos, DOE will address certification reporting requirements related
to control curve settings in a separate rulemaking.
In the December 2021 NOPR, DOE stated that adaptive pressure
controls are installed in similar applications as pressure controls but
can also be effective at reducing the head and flow provided in single-
zone systems to adjust for typical pump oversizing. Also, due to the
ability of adaptive pressure controls to measure and automatically
adjust to the system requirements over time, adaptive pressure controls
can result in optimized performance and energy use as compared to
pressure-based controls. 86 FR 72096, 72112.
Consistent with HI 41.5-2021, for adaptive pressure controls, DOE
proposed to test at each test point at the minimum thresholds for head
noted in the manufacturer literature or the head values specified along
the reference system curve, whichever is greater. In addition, although
not included in HI 41.5-2021, DOE also proposed that if the pump does
not have a manual control mode available, the speed would be adjusted
based on the pressure control mode with the lowest head at each load
point, and if the selected pressure control results in a head value
below the reference system curve, the pump would be throttled to
achieve a head value at or above the reference system curve. 86 FR
72096, 72114.
DOE requested comment on the proposed test methods for circulator
pumps with adaptive pressure controls, and, in particular, on the
proposed provisions not included in HI 41.5-2021, including for pumps
without a manual control mode, whether throttling should be allowed to
achieve head above the reference system curve, or instead head should
be allowed below the reference system curve and adjusted back to the
curve, as with other non-adaptive pressure controls. DOE also requested
comment on the HI 41.5-2021 provision for manual adjustment to achieve
100 percent BEP flow and head point at max speed, which is not included
for other pressure controls. Id.
Joint Advocates supported the proposed test methodology for
adaptive pressure controls as a reasonable approach, while encouraging
DOE in the future to gather field data related to real-world operating
points. (Joint Advocates, No. 8 at p. 2)
HI and Grundfos stated that HI 41.5-2021 treats adaptive pressure
controls with the same methodology as all pressure controls, and that
section 41.5.3.4.2 #4 is a subset of the pressure testing methodology
and not a standalone test methodology. (HI, No. 9 at p. 5; Grundfos,
No. 7 at p. 2) HI added that it would be rare that the circulator BEP
would be outside of the adaptive controls operating area, so the
difference between throttling and adjusting back to the curve would not
be an issue, unless the BEP is outside the control area. HI stated that
a pump without manual speed adjustment would still allow use of a
throttling equivalent (as noted in section 41.5.3.4.2 #2b) to get back
to the BEP flow, which can then be corrected back to BEP on the
reference curve. (HI, No. 9 at p. 5)
In response to HI and Grundfos, DOE notes that HI 41.5-2021
contained discrepancies with regard to the methodology in section
41.5.3.4.2 #4 (adaptive pressure controls) compared to #2 and #3 (all
pressure controls). Specifically, #4 only allows manual speed
adjustment, while #2 also allows throttling and simulated pressure
signal. In addition, #4 requires head values to be above the reference
curve, while #3 does not require this. In the recent publication of HI
41.5-2022, HI included several updated to section 41.5.3.4.2 that
address DOE's proposals related to adaptive pressure controls,
specifically removing the identified discrepancies, so that #4 now
provides additional testing provisions for adaptive pressure controls,
but not conflicting provisions. This update indicates that the
provision requiring adaptive pressure controls to achieve head values
at or above the reference curve was erroneous.
In addition, HI 41.5-2022 has moved the contents of section
41.5.3.4.2 #5, which discussed the choice and reporting of factory
control curves specific to the HI Energy Rating Program, but not
necessary for conduct of the test method, to a separate section of the
guideline. As such, DOE will reference the entire section.
For these reasons, DOE is adopting the test method for pressure
speed controls by referencing HI 41.5-2022 section 41.5.3.4.2. As
noted, this test method contains some differences from the test method
proposed by DOE in that it does not include specific provisions for
user-adjustable controls, which DOE has determined are not necessary,
and that it has revised the test method for adaptive pressure controls
to be more consistent with the test method for pressure controls in
general, while providing necessary additional specifications. The
overall test method for pressure controls in HI 41.5-2022 section
41.5.3.4.2 in general is consistent with that proposed in the December
2021 NOPR. DOE has determined that the revised test method for adaptive
pressure controls will produce representative results for such
equipment and would not be unduly burdensome to conduct.
3. Temperature Control
Temperature controls are controls that automatically adjust the
speed of the variable speed drive in the pump continuously over the
operating speed range to respond to a change in temperature of the
operating fluid in the system. Typically, temperature controls are
designed to achieve a fixed temperature differential between the supply
and return lines and adjust the flow rate through the system by
adjusting the speed to achieve the specified temperature differential.
Similar to pressure controls, temperature controls are also designed
primarily for hydronic heating applications. However, temperature
controls may be installed in single- or multi-zone systems and will
optimize the circulator pump's operating speed to provide the necessary
flow rate based on the heat load in each zone. Unlike pressure
controls, there are no minimum head requirements inherent to the
temperature control, so temperature controls have the potential to use
the least amount energy to serve a given load. 86 FR 72096, 72114.
The CPWG recommended that for circulator pumps distributed in
commerce with temperature controls, PERCIRC should be
calculated in the
[[Page 57278]]
same way and with the same weights as for pressure controls, as shown
in equation (4). (Docket No. EERE-2016- BT-STD-0004, No. 58
Recommendation #6A at pp. 4-5)
In the December 2021 NOPR, DOE tentatively determined that the CPWG
recommendation for temperature controls would allow for temperature
controls to be tested in a way that captures the potential energy
savings from this control variety without being overly burdensome for
manufacturers to conduct. Therefore, DOE proposed to adopt the
recommendations of the CPWG to test temperature controls based on
manual speed adjustment or with simulated temperature signal to
activate the temperature-based control to achieve the test point flow
rates with a head at or above the reference system curve. Additionally,
DOE proposed to use the weights and test points shown in equation (4)
of the December 2021 NOPR (equation (3) in this final rule) for
circulator pumps distributed in commerce with temperature controls. DOE
requested comment on the proposed test methods, test points, and
weights for circulator pumps with temperature controls. 86 FR 72096,
72115.
Joint Advocates supported testing of temperature controls as
recommended by the CPWG. (Joint Advocates, No. 8 at p. 1) HI agreed
with the proposed testing of temperature controls but noted that the
terminology in the equations should be updated to reflect CEI and CER.
(HI, No. 9 at p. 6) Grundfos agreed with the temperature control
testing but stated that DOE should directly reference HI 41.5.3.4.3
instead of recreating this language within the test procedure.
(Grundfos, No. 7 at p. 3)
In response to HI, DOE notes that the regulatory text proposed in
section V.C of appendix D reflected CER terminology. 86 FR 72096,
72144. This proposed regulatory text, which DOE based on the test
procedure from HI 41.5-2021, is consistent with the content of HI 41.5-
2022. DOE adopts the test method for temperature controls as proposed,
but instead of including regulatory text, DOE is referencing HI 41.5-
2022 section 41.5.3.4.3, as requested by stakeholders. This section is
consistent with the regulatory text proposed in the NOPR, and as such
does not representative a substantive change.
4. Manual Speed Control
In the December 2021 NOPR, DOE proposed to test circulator pumps
with manual speed controls consistent with the provisions in Section
41.5.3.4.5 of HI 41.5-2021, as follows: (1) the tested control must
produce head equal to or greater than 25 percent of BEP head at a
minimum of one test point (HI 41.5-2021 section 41.5.3.4.5 #2a), and
(2) the control curve setting being evaluated must achieve 100 percent
BEP flow of the reference curve (HI 41.5-2021 section 41.5.3.4.5 #2b).
DOE also proposed that the CER be calculated as the weighted average of
Pin,max and Pin,reduced, as shown in equations
(5), (6), and (7):
[GRAPHIC] [TIFF OMITTED] TR19SE22.020
Where:
CER = circulator pump energy rating (hp);
zmax = speed factor weight of 0.75;
Pin_max = weighted average input power at maximum
rotating speed of the circulator (hp), as specified in equation (6);
zreduced = speed factor weight of 0.25; and
Pin_reduced = weighted average input power at reduced
rotating speed of the circulator (hp), as specified in equation (7).
[GRAPHIC] [TIFF OMITTED] TR19SE22.021
Where:
Pin_max = weighted average input power at maximum speed
of the circulator (hp);
wi_max = 0.25;
Pin,i_max = power input to the driver at maximum rotating
speed of the circulator pump at each test point i (hp); and
i = test point(s), defined as 25, 50, 75, and 100 percent of the
flow at BEP.
[GRAPHIC] [TIFF OMITTED] TR19SE22.022
Where:
Pin_reduced = weighted average input power at reduced
speeds of the circulator (hp);
wi_reduced = 0.3333;
Pin,i_reduced = power input to the driver at reduced
rotating speed of the circulator pump at each test point i (hp); and
i = test point(s), defined as 25, 50, and 75 percent of the flow at
BEP of max speed.
86 FR 72096, 72115-72116.
Additionally, in a deviation from CPWG recommendations and based on
stakeholder comments on the May 2021 RFI and the contents of HI 41.5-
2021, DOE did not propose that all test points
[[Page 57279]]
on a control curve must exist above the reference curve. DOE noted that
HI 41.5-2021 section 41.5.3.4.5 #3 still retained that provision, which
DOE assumed to be an error based on HI's comments and recommendations
in response to the May 2021 RFI. 86 FR 72096, 72116.
DOE tentatively determined that the proposed test methods for
manual speed control circulator pumps are appropriate and
representative, as they account for the likelihood that a circulator
pump with manual speed controls will be installed and operated at
maximum speed, but also accounts for the potential energy savings
associated with reduced speed operation. 86 FR 72096, 72116. DOE
requested comment on the proposed test method and the unique test
points, weights, and speed factors for circulator pumps distributed in
commerce with manual speed controls. Id. at 86 FR 72117.
Grundfos continued to state, as it did in response to the May 2021
RFI, that manual speed control should not be a separate test method, as
the devices are typically operated 75 percent of the time at full
speed, and a manufacturer could benefit by adding alternate speeds that
are never used. Grundfos suggested that if manual speed testing is
maintained, a CEI value should be required for each setting available
to consumers so that consumers can understand the true efficiency.
(Grundfos, No. 7 at p. 3)
As discussed in the December 2021 NOPR, the CPWG addressed the
issues raised by Grundfos in discussing how the test points at maximum
speed were designed to represent the performance at maximum speed and
account for operation at maximum speed the majority of the time, while
the test points at reduced speed allowed some ``credit'' for being able
to reduce speed. 86 FR 72096, 72116; (Docket No. EERE-2016-BT-STD-0004,
No. 70 at p. 201-202) The CPWG concluded that about 75 percent of the
time, circulator pumps with manual speed controls are operated at
maximum speed, as reflected in its recommended procedure. (Docket No.
EERE-2016-BT-STD-0004, No. 71 at p. 377) For these reasons, DOE
proposed to include manual speed control as a test method in the
circulator pump test procedure. 86 FR 72096, 72116. Grundfos did not
add additional information in their comment in response to the December
2021 NOPR, and as such DOE is adopting a test method for circulator
pumps with manual speed control in this final rule. DOE will address
Grundfos' suggestion for CEI ratings for multiple settings in a
separate certification rulemaking.
Joint Advocates supported testing manual controls with test point
weightings as recommended by the CPWG and using updated testing
methodology consistent with HI 41.5-2021, for the same reasons
discussed for pressure controls. (Joint Advocates, No. 8 at p. 1-2) HI
supported the proposed testing for manual controls but noted that the
terminology in the equations should be updated to reflect CEI and CER.
(HI, No. 9 at p. 6) Grundfos stated that DOE should directly reference
HI 41.5.3.4.5, instead of recreating this language within the test
procedure. (Grundfos, No. 7 at p. 3)
In the December 2021 NOPR, DOE noted that HI 41.5-2021 section
41.5.3.4.5 #3 includes a provision for head to be at or above the
reference curve, as originally recommended by the CPWG, which DOE
assumed to be an error based on HI's comments and recommendations in
response to the May 2020 RFI. DOE also noted that the introductory text
of HI 41.5-2021 section 41.5.3.4.5 specifies that the test method
applies to manual speed control, which can be operated without an
external input signal, but DOE stated it believed this provision is
superfluous as manual speed controls by definition do not require an
external input signal. 86 FR 72096, 72116-72117. DOE did not include
these provisions in its proposed test method for manual speed control.
DOE did not receive comments specifically related to these issues, but
in the recent publication of HI 41.5-2022, the provisions that DOE
assumed to be erroneous have been removed. In response to HI's
comments, the proposed regulatory text regarding the manual speed
control test method did reflect CEI and CER; HI 41.5-2022 also reflects
this terminology.
DOE also notes that in the proposed regulatory text for manual
speed controls, DOE proposed that the control curve must be available
to the end user. 86 FR 72096, 72142. This provision was not specified
in HI 41.5-2021 but has been added to HI 41.5-2022. DOE has determined
that this requirement will improve the representativeness of CEI
ratings for circulator pumps with manual speed controls as it will
prevent manufacturers from rating with speeds that cannot be used in
the field. The remainder of the provisions in HI 41.5-2022 section
41.5.3.4.5 are consistent with DOE's proposals and with HI 41.5-2021.
For these reasons, DOE adopts the test method for manual speed
control as proposed in the NOPR but is referencing HI 41.5-2022 section
41.5.3.4.5 instead of including regulatory text. This section is
consistent with the regulatory text proposed in the NOPR, and as such
does not representative a substantive change.
5. External Input Signal Control
In the December 2021 NOPR, DOE proposed to specify a test method
for circulator pumps sold only with external input signal control and
that cannot operate without an external input signal. 86 FR 72096,
72118. Specifically, DOE proposed to test along the reference system
curve to achieve the test point flow rates with a head at or above the
reference curve, and that CEI would be calculated as shown in equation
(2) of the December 2021 NOPR (equation (1) in this final rule). Id.
DOE also proposed that the speed of the pump could be adjusted using
either manual speed adjustment or with a simulated external signal to
achieve the specified flow rates. Id. at 86 FR 72141.
DOE also proposed to test circulator pumps sold with external input
signal controls along with other controls, or which can be operated
without an external input signal control, both: (1) along the maximum
speed circulator pump curve to achieve the test point flow rates for
the max speed input power values and (2) with speed adjustment that
will achieve a head at or above the reference system curve at the test
point flow rates for the reduced speed input power values. DOE proposed
that in either case, either manual speed adjustment or simulated
external input signal can be used to achieve the relevant flow rates.
DOE did not propose that the speed adjustment include the ``lowest
speed setting'' that results in a head value at or above the reference
system curve, as recommended by the CPWG; however, DOE addressed this
issue in its enforcement provision proposals. Finally, DOE proposed
that the CEI should be calculated as the weighted average of
Pin,max and Pin,reduced, as shown in equations
(8), (9), and (10).
[[Page 57280]]
[GRAPHIC] [TIFF OMITTED] TR19SE22.023
Where:
CER = circulator pump energy rating (hp);
zmax = speed factor weight of 0.30;
Pin_max = weighted average input power at maximum
rotating speed of the circulator pump (hp);
zreduced = speed factor weight of 0.70; and
Pin_reduced = weighted average input power at reduced
rotating speed of the circulator (hp).
[GRAPHIC] [TIFF OMITTED] TR19SE22.024
Where:
Pin_max = weighted average input power at maximum speed
of the circulator (hp);
wi_max = 0.25;
Pin,i_max = power input to the driver at maximum rotating
speed of the circulator pump at each test point i (hp); and
i = test point(s), defined as 25, 50, 75, and 100 percent of the
flow at BEP.
[GRAPHIC] [TIFF OMITTED] TR19SE22.025
Where:
Pin_reduced = weighted average input power at reduced
speeds of the circulator pump (hp);
wi_reduced = 0.3333;
Pin,i_reduced = power input to the driver at reduced
rotating speed of the circulator pump at each test point i (hp); and
i = test point(s), defined as 25, 50, and 75 percent of the flow at
BEP of max speed and head values at or above the reference curve.
86 FR 72096, 72117-72118.
DOE requested comment on the proposed test method and the unique
test points, weights, and speed factors for circulator pumps
distributed in commerce with external input signal controls. 86 FR
72096, 72118. In particular, DOE requested comment on whether manual
speed adjustment and/or simulated external input signal are appropriate
for testing circulator pumps with external input signal only, as well
as circulator pumps with external input signal in addition to other
control varieties. Id. DOE also sought comment on whether it is
necessary to reference the ``lowest speed setting'' when determining
the appropriate test points. Id. Finally, DOE sought comment on whether
the test points and weights for circulator pumps distributed in
commerce with external input signal control in addition to other
control varieties are appropriately reflective of their energy
consumption in the field relative to other control varieties. Id.
In response, Grundfos stated that delta T and temperature control
test methods should be combined.\14\ Grundfos noted that the speed of
the pump is the primary function determining efficiency, that both test
methods control the pumps speed, as in both cases they simulate inputs
to conduct testing and attempt to model the reference curve with those
inputs, and therefore separate test requirements are not necessary.
(Grundfos, No. 7 at p. 3).
---------------------------------------------------------------------------
\14\ Delta T and temperature controls refer to the same type of
control. As discussed in the next paragraph, DOE believes this is an
error.
---------------------------------------------------------------------------
DOE assumes that Grundfos is recommending that the test methods for
temperature controls and external input signal controls be combined, as
they suggested in response to the May 2021 RFI. (Grundfos, No. 113 at
p. 4) As discussed in the December 2021 NOPR, the CPWG considered the
category of external input signal controls as separate from temperature
controls. Specifically, the CPWG noted that unlike pressure and
temperature controls, for external input signal controls, the logic
that defines how the circulator pump operating speed is selected in
response to some measured variable (e.g., temperature, pressure, or
boiler fire rate) is not integral to the circulator as distributed in
commerce. Instead, it is part of another control system, such as a
building management system or a boiler control system. (Docket No.
EERE-2016-BT-STD-0004, No. 72 at p. 83-84); 86 FR 72096, 72115.
DOE also noted that the test method recommended by the CPWG and in
HI 41.5-2021 for circulator pumps with external input signal controls
only and that cannot operate without an external signal control is the
same as the test method for circulator pumps with temperature control.
86 FR 72096, 72115. However, the CPWG recommended, and HI 41.5-2021
included, a different test method for external input signal controls
with other control varieties or that can be operated without external
input signal control. Id. The CPWG asserted that if external input
signal control is one of multiple options available on a circulator
pump, or the pump is able to operate without an external input signal,
it is less likely that the external input signal control option is
going to be utilized since it requires external logic and equipment in
order to operate properly. (Docket No. EERE-2016-BT-STD-0004, No. 72 at
pp. 216-218, 229); 86 FR 72096, 72117. The CPWG recommended testing
[[Page 57281]]
circulator pumps with external input signal controls similar to manual
speed controls. (Docket No. EERE-2016-BT-STD-0004, No. 47 at p. 480);
86 FR 72096, 72117.
For these reasons, DOE proposed separate test methods for
temperature controls, external input signal controls only (identical to
the test method for temperature controls), and external input signal
controls with other control varieties. 86 FR 72096, 72115.
In its response to the December 2021 NOPR, Grundfos has not
introduced additional information beyond that provided in its May 2021
RFI comments that would contribute to DOE amending the test methods as
proposed. (See Grundfos, No. 7 at p. 3)
HI agreed with the proposal in the NOPR, which they stated is
incorporated within the appropriate testing sections of HI 41.5-2021.
(HI, No. 9 at p. 6) Grundfos stated that DOE should directly reference
HI 41.5-2021 sections 41.5.3.4.4.1 for external control only and
41.5.3.4.4.2 for external control with other control methods, instead
of recreating the language within the test procedure. (Grundfos, No. 7
at p. 3)
HI stated that additional clarification for ``lowest speed
setting'' is not necessary. (HI, No. 9 at p. 6) Grundfos also stated
that adding ``lowest speed setting'' to the testing requirements is not
required for repeatability and would put test points at or near the
minus 5 percent region of flow. Grundfos stated that DOE testing should
attempt to achieve a head/flow as close to the reference curve/test
point as possible. (Grundfos, No. 7 at p. 3)
In the December 2021 NOPR, DOE noted that HI 41.5-2021 contained
some discrepancies between the two external input signal control
methods regarding testing with manual speed adjustment and/or simulated
external input signal. 86 FR 72096, 72118. DOE proposed to allow both
manual speed adjustment and simulated external input signal for both
test methods. Id at 86 FR 72141.
No commenters responded to DOE's request regarding whether manual
speed adjustment and/or simulated external input signal are appropriate
for testing circulator pumps with external input signal only, as well
as circulator pumps with external input signal in addition to other
control varieties. However, in the recent publication of HI 41.5-2022,
HI amended the test method to both allow manual speed adjustment and
simulated external input signal, regardless of whether external input
signal control is the only control mode, as proposed by DOE. The
remainder of the provisions regarding external input signal controls
are the same in HI 41.5-2022 as in HI 41.5-2021, and also consistent
with DOE's proposals.
In response to the comments from HI and Grundfos, DOE is not
adopting a reference to the ``lowest speed'' setting in the test method
for external input control, consistent with the December 2021 NOPR
proposal and HI 41.5-2022. DOE addresses enforcement testing in section
III.F.2 of this document.
In this final rule, DOE is adopting the test methods for external
input signal controls by referencing HI 41.5-2022 sections 41.5.3.4.4.1
and 41.5.3.4.4.2, rather than including regulatory text. The test
methods in those sections of HI 41.5-2022 are consistent with that
proposed by DOE and as such this does not represent a substantive
change.
6. No Controls or Full Speed Test
In the December 2021 NOPR, consistent with the recommendations of
the CPWG, DOE proposed to test circulator pumps without external input
signal, manual, pressure, or temperature controls along the maximum
speed circulator pump curve to achieve the test point flow rates. DOE
agreed that since these circulator pumps with no controls are single-
speed controls and only have a single speed, testing at maximum speed
is representative of the typical operation of circulator pumps with no
controls. Additionally, DOE proposed to use equation (11):
[GRAPHIC] [TIFF OMITTED] TR19SE22.026
Where:
CER = circulator pump energy rating (hp);
wi = 0.25;
Pin,i = power input to the driver at each test point i
(hp); and
i = test point(s), defined as 25, 50, 75, and 100 percent of the
flow at BEP.
86 FR 72096, 72119.
To provide regulatory clarity about which pumps must be rated using
the ``no controls'' test method, but also accommodate the option for
any pump to be rated using the ``no controls'' test method, DOE
proposed to refer to this test method in the regulatory text as the
test method for circulator pumps without external signal, manual,
pressure, or temperature controls (i.e., full speed test). DOE also
proposed additional language in the scope section regarding this
clarification. Id.
DOE requested comment on the proposed test method for circulator
pumps distributed in commerce with no controls. Id.
HI agreed with the proposal for pumps with no controls and stated
that DOE should incorporate by reference section 41.5.3.4.1 for ``Full
speed or without pressure, temperature, external input signal or manual
speed control.'' (HI, No. 9 at p. 6) Grundfos also agreed with the
proposed test method and stated that DOE should reference HI 41.5-2021
section 41.5.3.4.1, use language consistent with HI 41.5, and name this
test method ``Full speed.'' (Grundfos, No. 7 at p. 3)
For the reasons discussed in the December 2021 NOPR and in the
preceding paragraphs, DOE is adopting the proposed test method for
circulator pumps without external input signal, manual, pressure, or
temperature controls (full speed test) in this final rule. In response
to HI and Grundfos, DOE is re-ordering the title of this test method
to: ``Testing and Calculation of CER for Full Speed Test and for
Circulator Pumps without External Input Signal, Manual, Pressure, or
Temperature Controls.'' In addition, instead of including regulatory
text, DOE is referencing HI 41.5-2022 section 41.5.3.4.1, which is
identical to HI 41.5-2021 section 41.5.3.4.1, as requested by
stakeholders. This section contains the same content as the NOPR
proposal and does not represent a substantive change.
E. Determination of Circulator Pump Performance
In the December 2021 NOPR, DOE stated that as part of the September
2016 CPWG Recommendations, the CPWG recommended that all test points be
tested on a wire-to-water basis, in accordance with HI 40.6-2014, with
minor modifications. The CPWG also
[[Page 57282]]
recommended that if an updated version of HI 40.6 is published prior to
publication of the test procedure final rule, DOE should review and
incorporate the updated version. (Docket No. EERE-2016-BT-STD-0004, No.
58, Recommendation #10 at p. 8-9); 86 FR 24516, 24526. The CPWG also
recommended several modifications related to frequency of data
collection, BEP speed, electrical measurement equipment, relevant
parameters at specific load points, power supply characteristics, and
rounding of values for calculating and reporting purposes. (Docket No.
EERE-2016-BT-STD-0004, No. 58 Recommendation #10 at pp. 8-9). 86 FR
72096, 72119.
DOE noted that two updated versions of HI 40.6--HI 40.6-2016 and HI
40.6-2021--had been published since the CPWG meetings concluded. DOE
proposed to incorporate by reference HI 40.6-2021, for measuring the
performance of circulator pumps, noting the changes made from the
previous version of HI 40.6-2014. DOE also stated that it was necessary
to make several exceptions, modifications, and additions to this test
procedure to ensure accuracy and repeatability of test measurements and
that the test method produces results that reflect energy efficiency or
energy use during a representative average use cycle without being
unduly burdensome to conduct Additionally, DOE proposed specific
procedures for calculating the CEI and rounding of values to ensure
that the resultant ratings are determined in a consistent manner. 86 FR
72096, 72119. DOE discusses these proposals and their resulting
requirements in the following subsections.
Section III.E.1 discusses HI 40.6-2021, the industry standard,
which DOE is incorporating by reference, for measuring the performance
of circulator pumps. DOE has determined that it is necessary to make
several exceptions, modifications, and additions to this test procedure
to ensure accuracy and repeatability of test measurements (sections
III.E.2.a through III.E.2.c of this document) and that the test method
produces results that reflect energy efficiency or energy use during a
representative average use cycle without being unduly burdensome to
conduct. Additionally, DOE adopts specific procedures for calculating
the CEI and rounding of values to ensure that the resultant ratings are
determined in a consistent manner (section III.E.2.d of this document).
1. Incorporation by Reference of HI 40.6-2021
In the December 2021 NOPR, DOE stated that it had reviewed HI 40.6-
2021 and determined that the test methods contained within HI 40.6-2021
are generally consistent with HI 40.6-2014 and are sufficiently
specific and reasonably designed to produce test results to determine a
CEI that is representative of an average use cycle of applicable
circulator pumps. Specifically, Table 40.6.2 of HI 40.6-2021, like HI
40.6-2014, defines and explains how to calculate driver power
input,\15\ volume per unit time,\16\ pump total head,\17\ and other
relevant quantities, which are essential to determining the metric. 86
FR 72096, 72120.
---------------------------------------------------------------------------
\15\ The term ``driver or control power input'' in HI 40.6-2021
is defined as ``the power input to the driver or control;'' in the
NOPR, DOE refers to ``driver power input'' as the power to either
the motor or the controls, if present.
\16\ The term ``volume per unit time'' in HI 40.6-2021 is
defined as ``. . . the volume rate of flow in any given section . .
. Also referred to as flow, flow rate, and rate of flow.''
\17\ The term ``pump total head'' is defined in HI 40.6-2021 as
``the algebraic difference between the outlet total head and the
inlet total head'' and is used synonymously with the term ``head''
in this document.
---------------------------------------------------------------------------
HI 40.6-2021 also contains appropriate specifications regarding the
scope of pumps covered by the test method, standard rating conditions,
equipment specifications, uncertainty calculations, and tolerances. The
electrical measurement specification and associated equipment
specifications in Section C.4.3 of HI 40.6-2021 contain the relevant
measurement specifications for certain non-energy metrics (i.e., true
root mean square ``RMS'' current, true RMS voltage, and real power)
that manufacturers may choose to make representations about for each
rated circulator pump. These specifications also describe the relevant
measurements used in the calculation of true power factor (``PF'') at
each applicable load point for each circulator pump control variety, a
non-energy metric manufacturers may wish to use to make
representations. In addition, HI 40.6-2021 contains a new appendix E
with specific test instructions for circulator pumps. DOE noted that
Section 41.5.3.1 of HI 41.5-2021 references Appendix E of HI 40.6-2021
as the test standard that governs measurements of all test points in
the standard. DOE reviewed HI 40.6-2021 with respect to the minor
modifications listed by the CPWG in Recommendation #10. DOE found that
recommendations regarding frequency of data collection are included in
section 40.6.5.5.1, and recommendations regarding electrical
measurement equipment and power supply characteristics are included in
section C.3.4.1 and Table 40.6.3.2.3. The recommendation regarding BEP
speed--specifically, to test at max speed with no adjustment to
nominal--is addressed in Appendix E of HI 40.6-2021, which excludes
sections 40.6.5.5.2, 40.6.6.1, and 40.6.6.1.1, dealing with the
specified speed of rotation and translation to that specified speed.
The recommendations for relevant parameters at specific load points
have been addressed in Appendix E of HI 40.6-2021 as well as HI 41.5-
2021, with some modifications. Id.
After considering stakeholder comments on the May 2021 RFI, DOE
proposed to incorporate HI 40.6-2021, inclusive of Appendix E, into the
proposed appendix D to subpart Y, with the exceptions, modifications,
and additions described elsewhere in the December 2021 NOPR. DOE
requested comment on its proposal. 86 FR 72096, 72121.
HI agreed with incorporating HI 40.6-2021 by reference. In Appendix
E of HI 40.6-2021, HI noted exception and modifications for testing of
circulator pumps. (HI, No. 9 at p. 6) Grundfos agreed with
incorporating HI 40.6-2021 as stated in the December 2021 NOPR.
(Grundfos, No. 7 at p. 4)
For the reasons discussed in the December 2021 NOPR and in the
preceding paragraphs, DOE is incorporating by referencing HI 40.6-2021,
inclusive of Appendix E, into appendix D to subpart Y, with the
exceptions, modifications, and additions described elsewhere in the
document.
2. Exceptions, Modifications and Additions to HI 40.6-2021
In the December 2021 NOPR, DOE stated that, in general, DOE finds
the test methods contained within HI 40.6-2021 are sufficiently
specific and reasonably designed to produce test results to determine a
CEI that is representative of average use cycle of applicable
circulator pumps. However, only certain sections of HI 40.6-2021 are
applicable to the proposed circulator pump test procedure. 86 FR 72096,
72121. In addition, DOE proposed certain exceptions, modifications, and
additions to ensure test results are sufficiently repeatable and
reproducible, addressed in the subsequent sections III.E.2.a through
III.E.2.d of this document.
[[Page 57283]]
a. Applicability and Clarification of Certain Sections of HI 40.6-2021
In the December 2021 NOPR, DOE stated that although it is proposing
to incorporate by reference HI 40.6-2021 as the basis for its test
procedure, some sections of the standard are not applicable to the
circulator pump test procedure, while other sections require additional
specification regarding their applicability when conducting the
circulator pump test procedure. Id.
DOE did not propose to adopt through reference section 40.6.4.1,
``Vertically suspended pumps,'' and section 40.6.4.2, ``Submersible
pumps,'' of HI 40.6-2021 in the circulator pump test procedure because
circulator pumps are IL pumps and are not vertical turbine or
submersible pumps. As such, the test provisions applicable to vertical
turbine and submersible pumps described in Section 40.6.4.1 and section
40.6.4.2 of HI 40.6-2021 would not apply to the circulator pump test
procedure. Id.
Additionally, Section 40.6.5.5.2 of HI 40.6-2021, ``Speed of
rotation during test,'' requires that the speed of rotation to
establish flow rate, pump total head, and power input be within the
range of 80 percent to 120 percent of the rated speed. However, in the
proposed circulator pump test procedure, rated or nominal speeds are
not relevant, as DOE did not propose that speed be measured as part of
the test procedure. Similarly, section 40.6.6.1, ``Translation of test
results to the specified speed of rotation,'' describes the method by
which tested data can be translated to the rated speed of rotation for
subsequent calculations and reporting purposes. As DOE did not propose
that speed be measured as part of this circulator pump test procedure,
translation of tested results based on speed is not necessary. As a
result, DOE did not propose to adopt Sections 40.6.5.5.2 and 40.6.6.1
(including 40.6.6.1.1) of HI 40.6-2021. This is consistent with the
exclusions for circulator pump testing in Appendix E of HI 40.6-2021.
Id.
DOE also did not propose to adopt Section 40.6.5.3, ``Test
report,'' which provides requirements regarding reporting of test
results and Appendix B, ``Reporting of test results,'' that refers to
DOE's existing reporting requirements at 10 CFR 429.59 for general
pumps, both of which are not required for testing and rating circulator
pumps in accordance with DOE's procedure. Specifically, the updated
Appendix B references specific reporting requirements established in
the general pumps test procedure, of which not all specifications are
applicable to circulator pumps. DOE noted that it would propose
specific certification and reporting requirements for circulator pumps
as part of a separate rulemaking, should such standards be
proposed.\18\ Id.
---------------------------------------------------------------------------
\18\ For more information on any energy conservation standard
rulemaking for circulator pumps see Docket No. EERE-2016-BT-STD-
0004.
---------------------------------------------------------------------------
Finally, DOE did not propose to adopt Appendix G, ``DOE compared to
HI 40.6 nomenclature,'' which refers to nomenclature used by DOE in the
general pumps test procedure (appendix A to subpart Y of 10 CFR part
431) and is not in all cases consistent with the terminology used in
the proposed circulator pump test procedure. Id.
In summary, for the reasons stated previously, DOE did not propose
to adopt Sections 40.6.4.1, 40.6.4.2, 40.6.5.3, 40.6.5.5.2, 40.6.6.1,
40.6.6.1.1, Appendix B, and Appendix G of HI 40.6-2021 as part of the
DOE test procedure for circulator pumps. Id.
In addition, DOE noted that Appendix E of HI 40.6-2021 includes
modifications to testing in sections 40.6.5.5.1 and 40.6.6.3. DOE
proposed to reference HI 40.6-2021 inclusive of Appendix E and the
modifications therein. Id.
DOE requested comments on these proposals. Id.
Grundfos stated that excluding sections 40.6.4.1, 40.6.4.2,
40.6.5.3, 40.6.5.5.2, 40.6.6.1, 40.6.6.1.1, Appendix B, and Appendix G
of HI 40.6-2021is warranted. (Grundfos, No. 7 at p. 4) HI stated that
circulator pump definitions are separate from submersible or vertically
suspended; therefore, a specific exclusion of Sections 40.6.4.1 and
40.6.4.2 is not needed. HI stated that Appendix E already excludes
Section 40.6.5.5.2, 40.6.6.1, and 40.6.6.1.1, so DOE does not need to
exclude them. HI agreed that Section 40.6.5.3, Appendix B, and Appendix
G of HI 40.6-2021 can be excluded. (HI, No. 9 at p. 7)
In response to HI, DOE understands that within HI 40.6-2021 section
40.6.4, there are separate subsections for vertically suspended pumps
(40.6.4.1), submersible pumps (40.6.4.2), and all other pump types
(40.6.4.3), the latter of which references all other pump types
identified by ANSI/HI 14.1-14.2, ``Rotodynamic Pumps for Nomenclature
and Definitions,'' which is the successor to the previously discussed
ANSI/HI 1.1-1.2-2014. DOE expects this is why HI stated that specific
exclusion of sections 40.6.4.1 and 40.6.4.2 is not required. However,
to provide clarity without having to reference additional industry
standards, DOE is adopting only those specific sections of HI 40.6-2021
applicable to the test procedure for circulator pumps in scope of the
DOE test procedure (see section A.0.1 in appendix D as established in
this final rule), as proposed in the December 2021 NOPR. DOE is also
excluding sections 40.6.5.5.2, 40.6.6.1, and 40.6.6.1.1, to improve the
clarity of the DOE test procedure even though Appendix E of HI 40.6-
2021 already excludes them. DOE is also adopting exclusions of section
40.6.5.3, Appendix B, and Appendix G as proposed in the December 2021
NOPR and supported by HI and Grundfos.
b. Testing Twin Head Circulator Pumps and Circulators-Less-Volute
In the December 2021 NOPR, DOE stated that a twin head circulator
pump is a type of circulator pump that contains two impeller
assemblies, mounted in two volutes that share a single inlet and
discharge in a common casing. DOE proposed to test twin head circulator
pumps as recommended by the CPWG and consistent with Section 41.5.3 of
HI 41.5-2021. Specifically, DOE proposed that to test twin head
circulator pumps, one of the two impeller assemblies should be
incorporated into an adequate, single impeller volute and casing. An
adequate, single impeller volute and casing means a volute and casing
for which any physical and functional characteristics that affect
energy consumption and energy efficiency are essentially identical to
their corresponding characteristics for a single impeller in the twin
head circulator pump volute and casing. DOE requested comments on its
proposal. 86 FR 72096, 72121-72122.
HI agreed with the proposed test procedure for twin head pumps,
which is consistent with the test procedure outlined in HI 41.5.3
(paragraph 5). (HI, No. 9 at p. 7) Grundfos agreed with the test
method, stating that it is the same method applied to general pumps and
using that test method ensures consistency in the regulation.
(Grundfos, No. 7 at p. 4)
As discussed in the December 2021 NOPR and consistent with comment,
in this final rule, DOE is adopting the test procedure for twin head
circulator pump as proposed in the December 2021 NOPR.
In the December 2021 NOPR, DOE stated that a circulator-less-volute
is a circulator pump with a complete motor that is sold without a
volute, but for which a paired volute is available in commerce from a
manufacturer. DOE proposed that the circulator-less-volute would be
paired with specific volute(s)
[[Page 57284]]
with which the circulator-less-volute is offered for sale or advertised
to be paired with, and that the combination would be subject to the
proposed applicable DOE test procedure for that circulator-less-volute
model. DOE proposed that the CEI for each volute and circulator-less-
volute pairing be determined separately. Additionally, DOE proposed to
allow manufacturers of circulator pumps to group similar volute and
circulator-less-volute pairings within a given basic model rating to
minimize testing burden, while still ensuring that the CEI rating is
representative of minimum efficiency or maximum energy consumption of
the group. DOE stated that circulator-less-volute manufacturers could
opt to make representations of the CEI of each individual circulator-
less-volute and volute combination or could elect to make CEI
representations regarding a circulator-less-volute combined with
several individual volutes and rate the group with the same
representative CEI value, which would be representative of the least
efficient model. DOE requested comment on its proposals. 86 FR 72096,
72122.
HI agreed with DOE's proposed test procedure for circulators-less-
volute. (HI, No. 9 at p. 7) Grundfos agreed with the test procedure for
circulator-less-volute but stated that header pumps should be included
in this test procedure. (Grundfos, No. 7 at p. 4) As discussed in
section III.B.4, Grundfos stated that DOE should require that header
pumps be tested like circulators-less-volute, except that the
manufacturer determines the volute to be used and make this volute
available for testing on the open market so that all interested parties
can purchase and test the pump in the same manner it was certified.
(Id.)
As discussed in section III.B.4 and III.B.6 of this document, DOE
is not including header pumps within the scope of the test procedure as
it has determined that the recommended test method would increase
burden and would not produce representative results. Therefore, for the
reasons discussed in the December 2021 NOPR, DOE is adopting the test
procedure for circulators-less-volute as proposed in the December 2021
NOPR.
c. Determination of Circulator Pump Driver Power Input at Specified
Flow Rates
In the December 2021 NOPR, DOE proposed to adopt the provisions in
appendix E of HI 40.6-2021 for determining circulator pump driver power
input at specified flow rates, noting that these differ from the CPWG
recommendations, but are more appropriate because having test points
lower than the lowest point of required driver power allows a linear
regression to be constructed that includes all the driver power input
points. The provisions include:
Section 40.6.5.5.1 Test procedure--A minimum of nine test
points shall be taken for all performance tests. Points are to be
selected at approximately 10 percent, 25 percent, 40 percent, 60
percent, 75 percent, 90 percent, 100 percent, 110 percent, and 120
percent of the flow rate at the expected BEP of the circulator pump.
Section 40.6.6.3 Performance curve--Determine the pump
total head versus flow rate curve only based on a polynomial of the 6th
order.
Section 40.6.6.3 Performance curve--Determine the driver
power input at 25 percent, 50 percent, 75 percent, and 100 percent of
BEP based on a 3rd order polynomial curve of best fit of the tested
values (as specified in section 40.6.5.5.1) at 10 percent, 25 percent,
40 percent, 60 percent, 75 percent, 90 percent, 100 percent, 110
percent, and 120 percent of expected BEP flow rate.
DOE requested comments on this proposal. 86 FR 72096, 72122-72123.
HI and Grundfos agreed with DOE's proposal to incorporate Appendix
E of HI 40.6-2021 for determining the circulator pump driver power
input at flow rates. (HI, No. 9 at p. 7; Grundfos, No. 7 at p. 4) For
the reasons discussed in the December 2021 NOPR and in the preceding
paragraphs, in this final rule, DOE is incorporating Appendix E of HI
40.6-2021 into the test procedure for circulator pumps as proposed.
In the December 2021 NOPR, DOE also noted that the procedure
specified in section 40.6.6.3 and Appendix E of HI 40.6-2021 is
applicable for test points gathered at maximum speed, but the other
test points proposed for circulator pumps with pressure controls,
temperature controls, manual speed controls, and external input signal
controls are not specified in HI 40.6-2016. For circulator pumps with
pressure controls, temperature controls, manual speed controls, and
external input signal controls, the general test procedure consists of
``sweeping'' the maximum speed curve (i.e., taking measurements at flow
intervals along the head/flow curve associated with maximum pump speed)
to determine BEP, adjusting the pump to the determined BEP at maximum
speed, and then adjusting the speed of the pump according to the
applicable control or reference system curve to achieve the specified
load points at 25, 50, 75 percent of BEP flow at reduced speed. As
such, for these test points, unlike the test points at maximum speed
derived from the data collected to determine BEP, manufacturers would
adjust the operation of the pump to specifically achieve the load
points at 25, 50, 75, and 100 percent of BEP flow, as applicable. Due
to experimental uncertainty, the specific test points measured in the
test protocol may not be exactly at 25, 50, 75, or 100 percent of the
BEP flow load points specified in the test procedure and, thus, the
relevant power input measurements must be adjusted to reflect the power
input at the specific load points specified in the test procedure. DOE
noted that HI 40.6-2021 does not specify the tolerances around which
the specified flow values must be achieved or how to adjust the test
points to the specified load points, accounting for such experimental
tolerance. 86 FR 72096, 72123.
In the December 2021 NOPR, DOE stated that HI 41.5-2021 includes
provisions different from those recommended by the CPWG. Specifically,
all tested flow values must be within 5 percent of the
target flow load points as specified by the reference system curve in
HI 41.5-2021. (HI 41.5-2021 section 41.5.3.4.2 #3c, 41.5.3.4.3,
41.5.3.4.4.1-2, 41.5.3.45) HI stated that this target range limits the
pump efficiency ranges allowed for a given test point and minimizes
variation in CEI values for a given test. In addition, any head values
that are above the reference system curve (including within 10 percent)
are not adjusted. HI stated that this eliminates a discontinuity in CEI
values when transitioning between corrected and uncorrected values and
allows for better representation of pump CEI. Finally, for pressure
control and manual speed control, tested head is allowed to be below
the reference curve and corrected back to the reference curve. HI
stated that this eliminates the need for all control curves to exist
above the reference curve allowing for a better representation of
control curves used in the market and for the circulator pump CEI
values to better represent a pump's capabilities. (HI, No. 112 at p. 2)
These provisions are found throughout each of the individual control
variety test methods in HI 41.5; a summary is available in 41.5.1. DOE
proposed to incorporate the provisions in HI 41.5-2021. 86 FR 72096,
72123.
DOE noted also that the proposed load points are specified with a
discrete flow value (i.e., 25, 50, 75, and/or 100 percent of BEP flow)
and, for temperature control and external input signal controls, a
minimum head value
[[Page 57285]]
(i.e., at or above the reference system curve). Therefore, as proposed
the flow values must be achieved within 5 percent and, for
temperature controls and external input signal controls, the tested
head values must not be more than 10 percent below the reference system
curve. Any test point with a flow value that is more than 5
percent away from the specified value or, for temperature controls and
external input signal controls, a head value is more than 10 percent
below the reference system curve would be invalid and, therefore, must
be retested. 86 FR 72096, 72124.
DOE proposed to adjust the tested driver input power values for all
relevant test points for circulator pumps with temperature and external
input signal controls using the methods adopted in the January 2016 TP
final rule and discussed by the CPWG. Specifically, DOE proposed that
if the tested flow values are within 5 percent of the flow
load point specified by the reference system curve and the head values
are within 10 percent of the head load points specified by
the reference system curve, the tested driver input power values would
be proportionally adjusted to the specified flow and head points, as
shown in equation (12):
[GRAPHIC] [TIFF OMITTED] TR19SE22.027
Where:
PR,i = the driver power input (hp);
HR,i = the specified head at load point i based on the
reference system curve (ft);
HT,j = the tested head at load point j (ft);
QR,i = the specified flow rate at load point i based on
the reference system curve (gpm);
QT,j = the tested flow rate at load point j (gpm); and
PT,j = the tested driver power input at load point j
(hp).
86 FR 72096, 72124.
DOE also proposed that for pressure controls and manual speed
controls, if the tested flow values are within 5 percent of
the flow load point specified by the reference system curve and the
tested head values are below the head load points specified by the
reference system curve, the tested driver power input values would be
proportionally adjusted to the specified flow and heat points as shown
in equation (12). Id.
Finally, DOE proposed, consistent with the recommendations of the
CPWG and the modifications in HI 41.5-2021, that for temperature
controls and external input signal controls, if the tested head values
are above the reference system curve by more than 10 percent, or for
pressure controls and manual speed controls, if the tested head values
are above the reference system curve at all, only the flow values would
be proportionally adjusted to the specified value, as shown in equation
(13):
[GRAPHIC] [TIFF OMITTED] TR19SE22.028
Where:
PR,i = the driver power input (hp);
QR,i = the specified flow rate at load point i based on
the reference system curve (gpm);
QT,j = the tested flow rate at load point j (gpm); and
PT,j = the tested driver power input at load point j
(hp).
DOE requested comment on these proposals. 86 FR 72096, 72124.
HI stated that the power corrections in HI 41.5 are as HI intends,
specifically for pressure and manual speed controls, the power
corrections noted in HI 41.5-2021 section 41.5.3.4.2.3.d and Equation
41.5.3.4.2b for pressure speed control and section 41.5.3.4.5.2.d and
Equation 41.5.3.4.5b for manual speed control. HI recommended that DOE
should incorporate these sections by reference. (HI, No. 9 at p. 7)
Grundfos also stated that only the head term is ignored when correcting
power above the reference curve, and that it agreed with the 5 flow tolerance. (Grundfos, No. 7 at p. 5)
HI stated that, with regard to temperature and external input
signal controls, the power corrections noted in HI 41.5-2021 in section
41.4.3.4.3.2 and Equation 41.5.3.4.3b for temperature controls and
sections 41.5.3.4.4.1.2 and 41.5.3.4.4.2.2 and Equations 41.5.3.4.4.1b
and 41.5.3.4.4.2b for external input signal controls are as intended.
HI recommended that DOE should incorporate these sections by reference.
(HI, No. 9 at p. 8) Grundfos reiterated that only the head term is
ignored when correcting power above the reference curve, and that it
agreed with the 5 flow tolerance. (Grundfos, No. 7 at p. 5)
For the reasons discuss above and in the December 2021 NOPR, DOE is
adopting the flow and head tolerances and proportional adjustments as
proposed in the December 2021 NOPR. However, as discussed in section
II, DOE is adopting through reference specific sections of HI 41.5-
2022, each of which includes provisions for these adjustments. The
language in HI 41.5-2022 differs from that in the regulatory text in
the December 2021 NOPR, by using only one equation and clarifying the
applicable use of the equation in different scenarios in text rather
than including two separate equations applicable to the different
scenarios as DOE did. However, the substance of the language in HI
41.5-2022 is consistent with that of the regulatory text in the
December 2021 NOPR; as such this does not represent a substantive
change. In addition, HI specifically requested DOE reference the
relevant sections of HI 41.5-2021 (to which HI 41.5-2022 is identical),
and no stakeholders expressed that the relevant language in HI 41.5 was
unclear.
[[Page 57286]]
With regards to the test points to which the tolerance and
adjustment methods are applicable, DOE noted in the December 2021 NOPR
that the CPWG recommended that ``all'' test points for circulator pumps
with pressure controls, temperature controls, manual speed controls, or
external input signal controls apply the specified tolerances and
adjustment methods. (Docket No. EERE-2016-BT-STD-0004, No. 58
Recommendation #10 at pp. 8-9) However, DOE stated that it believed
that the curve fitting method for determining driver power input at the
specified load points at maximum speed is more applicable and less
burdensome for many of the maximum speed test points than requiring
retesting along the maximum speed curve to achieve those test points
within 10 percent. Specifically, for manual speed controls
and external input signal controls in addition to other control
varieties, the proposed test methods and CEI calculation methods
require load points be determined at 25, 50, 75, and 100 percent of BEP
flow along the maximum speed curve, as well as at 25, 50, and 75
percent of BEP flow at reduced speeds. For the test points at reduced
speed, DOE stated that it believed, as recommended by the CPWG, that
the proposed tolerances and proportional adjustment would be
applicable. However, for the test points at 25, 50, and 75 percent of
maximum speed, DOE stated that it believed that it would be less
burdensome and more consistent with the proposed testing of circulator
pumps with no controls to determine such test points via curve fitting
of the BEP test data at maximum speed. DOE stated that this is
consistent with Sections 41.5.3.4.4.2 and 41.5.3.4.5 of HI 41.5-2021.
With regard to the test point at 100 percent of BEP flow and maximum
speed, DOE noted that, in order to test such circulator pump models,
the circulator pump must be adjusted to a test point at 100 percent of
BEP flow and maximum speed before reducing the speed in accordance with
the control logic to achieve the reduced speed values. As such, DOE
stated that using the tested value at 100 percent of BEP flow and
maximum speed as opposed to the value determined via curve fitting
would be more accurate and would not increase the burden of the
testing. DOE noted that this proposal is inconsistent with HI 41.5-
2021, which includes the 100 percent point as part of the points
determined by curve fitting, rather than as a measured test point. DOE
requested comment on this deviation. 86 FR 72096, 72124-72125. Table
III.2 summarizes the proposed applicability of the different adjustment
methods to the various test points for each circulator pump variety.
Table III.2--Summary of Applicable Adjustment Method for Different Test
Points for All Control Varieties
------------------------------------------------------------------------
Test points that must
be achieved within
Test points that any specified
Control variety would be tolerance and would
determined via be determined via
curve fitting proportional
adjustment
------------------------------------------------------------------------
Pressure Controls............. None............. All (25, 50 ,75, and
100 percent of BEP
flow).
Temperature Controls.......... None............. All (25, 50 ,75, and
100 percent of BEP
flow).
Manual Speed Controls......... 25, 50, and 75 25, 50, and 75
percent of BEP percent of BEP flow
flow at maximum at reduced speed and
speed. 100 percent of BEP
flow at maximum
speed.
External Input Signal Controls 25, 50, and 75 25, 50, and 75
percent of BEP percent of BEP flow
flow at maximum at reduced speed and
speed. 100 percent of BEP
flow at maximum
speed.
------------------------------------------------------------------------
DOE requested comment on the proposed applicability of the
tolerance and proportional adjustment method to the various test
points, as compared to the curve fitting method, based on circulator
pump control variety. DOE particularly requested comment on which
category is most appropriate for the 100 percent of BEP flow point. Id.
at 86 FR 72125.
HI stated that it understood that DOE proposed to test the 100
percent BEP for manual speed controls and external input signal
controls the same way as for pressure and temperature controls to
determine the input power term at maximum speed in the CER equation,
which requires adjusting the tested power proportional to the BEP
originally determined from the curve fit. HI commented that the curve
fitted 100 percent BEP point is the anchor point for the reduced speed
load points and should be used without requiring retesting for manual
and external input speed control. HI stated that DOE's proposal would
not increase accuracy but would require retesting a point already
measured. HI stated that DOE should incorporate by reference the
language in sections HI 41.5.3.4.5 for manual speed control and
41.5.3.4.4 for external input signal control to maintain consistency
with what industry has already implemented. (HI, No. 9 at p. 8)
Grundfos stated that maintaining the curve fitting method is
preferable to minimize testing burden even if minor deviations are
present using this method. Grundfos added that if DOE decides that
curve fitting error needs to be addressed, allowing a piece-wise curve
fitting would solve this issue. Grundfos added that this curve fitting
error happens at all test points, not just at 100 percent BEP.
(Grundfos, No. 7 at p. 5)
DOE agrees with HI and Grundfos that deviating from HI 41.5-2021 to
require the 100 percent BEP flow point be obtained by achieving the
test point within tolerance rather than by curve-fitting would
introduce burden not warranted for the expected gain. These provisions
appear in the updated version of the industry guideline, in HI 41.5-
2022 sections 41.5.3.4.5 and 41.5.3.4.4, which DOE is adopting through
reference. As such, DOE is adopting provisions for manual speed
controls and external input signal controls that determine the 100
percent BEP flow point through curve fitting.
3. Calculation and Rounding Modifications and Additions
In the December 2021 NOPR, DOE noted that HI 40.6-2014 did not
specify how to round values for calculation and reporting purposes. DOE
recognized that the manner in which values are rounded can affect the
resulting CEI and that CEI values should be reported with the same
number of significant digits. Therefore, to improve the consistency of
calculations and to ensure accuracy, the CPWG recommended that that all
calculations be performed with the raw measured data, and that the
resultant CER (then called PERCIRC)and CEI (then called
PEICIRC) be rounded to 3 significant figures. (Docket No.
EERE-2016-BT-STD-0004, No. 58 Recommendation #10 at p. 8) DOE noted
that neither HI 40.6-2021 nor HI 41.5-2021 include any rounding
provisions. 86 FR 72096, 72125.
[[Page 57287]]
DOE stated that it agreed with the CPWG regarding its
recommendation to perform all calculations with the raw measured data
and to round the resultant CER, CEI, and other relevant measurements
and calculations in a standardized manner. In the established
provisions for general pumps, the CEI analog (``PEI'') is rounded to
the nearest hundredths place (i.e., 0.01). See section I.D.3 of
appendix A to subpart Y of part 431. To be consistent with the general
pumps provisions, DOE proposed to round CER to three significant
figures and to round CEI to the nearest hundredths place. Additionally,
DOE proposed to calculate relevant non-energy metrics using the raw
measured data and to round to the following: BEP flow at maximum speed
and BEP head at maximum speed values to three significant figures; real
power, true RMS current, and true RMS voltage values to the tenths
place (i.e., 0.1); and rated hydraulic horsepower and true power factor
values to the hundredths place unless otherwise specified. DOE
requested comment on these proposals. Id. at 86 FR 72125-72126.
HI agreed with using raw data for all calculations. HI stated that
it is common practice for manufacturers to use power analyzers to
measure the real power input and that individual values of RMS voltage,
RMS current, and true power factor are not always available. HI added
that collection of test data to 3 significant digits could be a problem
depending on instrumentation display, its resolution, and the measured
value. (HI, No. 9 at p. 9)
HI agreed with the CPWG recommendation that any non-energy metrics,
like RMS current, RMS voltage, real power, and power factor, should be
voluntary to report. (HI, No. 9 at p. 9) HI stated that, for voluntary
purposes to DOE, sufficient rounding guidelines are as follows:
Flow at maximum speed (Three significant digits, but limited
to the tenths place for decimal values. e.g., 101, 10.1, 1.1)
BEP head at maximum speed (Three significant digits, but
limited to the tenths place for decimal values. e.g., 101, 10.1, 1.1)
Real power (Three significant digits, but limited to four
decimal places. e.g., 0.0111)
True RMS current (Three significant digits, but limited to the
tenths place for decimal values. e.g., 101, 10.1, 1.1)
True RMS voltage (Tenths)
Hydraulic horsepower (Three significant digits, but limited to
four decimal places. e.g., 0.0111)
True power factor (Hundredths place)
(Id.)
HI added that the rounding guidelines should not apply to
manufacturer representations of this data in commerce (e.g., websites,
literature). (Id.)
Grundfos agreed that the calculations should be done using raw
measured data and agreed with the recommendations from HI on rounding.
(Grundfos, No. 7 at p. 5)
In response to HI's and Grundfos' comments in support of the CPWG's
recommendation to use unrounded values in intermediate test procedure
calculations, DOE is adopting in the December 2021 NOPR proposal to use
the raw measured data in this final rule. Specifically, DOE is
requiring use of raw measured data to perform test procedure
calculations.
In response to HI's support of rounding provisions only as related
to voluntary reporting to DOE and not to manufacturer representations,
DOE has determined that as it has not yet proposed or finalized
certification reporting requirements for circulator pumps, it is only
appropriate to finalize rounding proposals related to parameters
necessary for determination of scope (i.e., rated hydraulic horsepower)
and calculation of CEI (i.e., CER, BEP flow, and BEP head). As DOE has
not yet determined whether it is necessary to report real power, RMS
voltage, RMS current, and true power factor, and given HI's statement
regarding potential limitations in instrumentation for these values,
DOE finds that it would be premature to finalize rounding proposals
related to these provisions at this time. DOE may consider
certification reporting requirements in a separate rulemaking.
Specifically to CEI and CER, DOE received no comments or data
contrary to adoption of the December 2021 NOPR proposal. Therefore, DOE
is adopting in this final rule the December 2021 NOPR's proposal to
require rounding of (1) CEI to the hundredths decimal place; and (2)
CER to three significant figures. Rounding CER to three significant
figures is consistent with the CPWG's recommendation and rounding CEI
to the hundredths place is consistent with the requirements for general
pumps. See section I.D.3 of appendix A to subpart Y of part 431.
Regarding rated hydraulic horsepower, HI and Grundfos suggested
more precision than DOE proposed requiring in December 2021 NOPR's
proposal. Whereas the December 2021 NOPR proposed to require rounding
of rated hydraulic horsepower to the hundredths decimal place,\19\ as
stated previously HI (and Grundfos in support of HI's comment)
commented in support of rounding to three significant figures, not to
exceed four decimal places. (HI, No. 9 at p. 9; Grundfos, No. 7 at p.
5)
---------------------------------------------------------------------------
\19\ For this discussion of rated hydraulic horsepower, decimal
places are as expressed in units of horsepower.
---------------------------------------------------------------------------
Review of publicly available marketing literature indicates
availability of units of power draw at least as small as 14W.\20\
Depending on the relative efficiencies of both the motor and wet end,
DOE estimates the rated hydraulic horsepower of such a motor may round
to zero if expressed to two decimal places.
---------------------------------------------------------------------------
\20\ Xylem Inc. Autocirc Instant Hot Water System Product
Brochure. Accessed: June 07, 2022. https://www.xylem.com/siteassets/brand/bell-amp-gossett/resources/brochure/a-134.pdf.
---------------------------------------------------------------------------
Further, because circulator pump motor output power is often
marketed using fractions, identifying the correct value when converted
to decimal notation would require at least the same number of
significant figures. As the denominators of circulator pump motor
output power reach at least three digits, at least three significant
figures are required to identify rated hydraulic power with sufficient
precision. However, in review of the market, DOE did not observe
circulator pump models, which would require more precision than the
fourth decimal place to characterize.
Accordingly, in this final rule, DOE is adopting the rounding
requirements suggested by HI and supported by Grundfos to round rated
hydraulic power to less precise of the following two values: three
significant figures; the fourth decimal place when expressed in units
of horsepower.
4. Rated Hydraulic Horsepower
In the December 2021 NOPR, DOE noted that the proposed definitions
of dry rotor, two-piece circulator pumps and dry rotor, three-piece
circulator pumps each contain a clause that the pump must have a rated
hydraulic power less than or equal to 5 hp at BEP at full impeller
diameter. Accordingly, DOE proposed nomenclature to consistently refer
to and categorize dry rotor circulator pumps based on the hydraulic
horsepower they can produce at BEP and full impeller diameter, as
measured in accordance with the proposed circulator pump test
procedure. DOE noted that hydraulic horsepower (termed pump power
output \21\) is defined in HI 40.6-2021
[[Page 57288]]
and which DOE proposed to adopt through reference (see section III.E.1
of this document). HI 40.6-2021 also contains a test method for
determining pump power output. However, HI 40.6-2021 includes methods
for determining pump power output at any load point. To specify the
pump power characteristic that DOE proposed to use to describe the size
of dry rotor circulator pumps, DOE proposed to introduce a new term,
the ``rated hydraulic horsepower,'' that is identified as the measured
hydraulic horsepower at BEP and full impeller diameter for the rated
pump. DOE requested comment on this proposal. 86 FR 72096, 72126.
---------------------------------------------------------------------------
\21\ The term ``pump power output'' in HI 40.6 is defined as
``the mechanical power transferred to the liquid as it passes
through the pump, also known as pump hydraulic power.'' It is used
synonymously with ``hydraulic horsepower'' in this document.
However, where hydraulic horsepower is used to reference the size of
a dry rotor circulator pump, it refers to the rated hydraulic
horsepower.
---------------------------------------------------------------------------
HI agreed with the proposal to use rated hydraulic horsepower. (HI,
No. 9 at p. 9) Grundfos agreed with the proposal but stated that DOE
needs to consider that using rated hydraulic horsepower could modify
the scope of products covered by the CPWG recommendations. Grundfos
also noted that consideration should be made to ensure that setting
this limit does not modify the scope such that wet runner \22\ and dry
runners \23\ have different sizes covered by the regulation. (Grundfos,
No. 7 at pp. 5-6)
---------------------------------------------------------------------------
\22\ Also known as wet rotor circulator pumps.
\23\ Also known as dry rotor circulator pumps.
---------------------------------------------------------------------------
In response to Grundfos, the definitions for the two varieties of
dry rotor circulator pumps, as recommended by CPWG, as proposed in the
NOPR, and as found in HI 41.5-2021, specify that such pumps must have
hydraulic power less than or equal to five horsepower at best
efficiency point at full impeller diameter. DOE's proposed test
procedure in section 7 of appendix D requires determination of the
rated hydraulic horsepower as the pump power output measured at BEP and
full impeller diameter for the rated pump. This provision does not
differ materially from the language in the dry rotor circulator pump
definitions. As such, DOE has determined that the definition will not
modify the scope of products covered by the CPWG recommendations. In
addition, the proposed definition of wet rotor circulator pump does not
have such a horsepower limitation provision because, unlike dry rotor
circulator pumps, wet rotor circulator pumps are not found in larger
horsepower that would otherwise be regulated as a commercial and
industrial pump. For these reasons, DOE is adopting the provision for
rated hydraulic horsepower as proposed in the December 2021 NOPR.
F. Sampling Plan and Enforcement Provisions for Circulator Pumps
In the December 2021 NOPR, DOE proposed that, for determining the
representative values (i.e., both the proposed energy- and non-energy-
related metrics) for each basic model, manufacturers must use a
statistical sampling plan of tested data, consistent with the sampling
plan for pumps that is currently specified at 10 CFR 429.59. In
addition, DOE proposed specific enforcement procedures that DOE would
follow when testing equipment to verify compliance of any circulator
pump basic model should energy conservation standards be established.
86 FR 72096, 72126. The following sections III.F.1 and III.F.2 of this
document discuss DOE's sampling plan and enforcement provisions for
circulator pumps.
1. Sampling Plan
In the December 2021 NOPR, DOE stated that it provides, in subpart
B to 10 CFR part 429, sampling plans for covered equipment. Id. at 86
FR 72126. The purpose of a statistical sampling plan is to provide a
method to determine representative values of energy- and non-energy-
related metrics, for each basic model. In the January 2016 TP final
rule, DOE adopted sampling provisions applicable to pumps that were
similar to those used for other commercial and industrial equipment. 81
FR 4086, 4135-4136 (Jan. 25, 2016). See also 10 CFR 429.59.
In the December 2021 NOPR, DOE proposed to adopt statistical
sampling plans for circulator pumps similar to that adopted for pumps.
That is, DOE proposed to amend 10 CFR 429.59 to require that, for each
basic model of pump (including circulator pumps), a sample of
sufficient size must be randomly selected and tested to ensure that any
representative value of CEI or other measure of energy consumption of a
basic model for which customers would favor lower values is greater
than or equal to the higher \24\ of the following two values:
---------------------------------------------------------------------------
\24\ In the preamble of the December 2021 NOPR, this was
erroneously written as ``lower of'', while it was correctly written
as ``higher of'' in the regulatory text. See 86 FR 72096, 72126; 86
FR 72096, 72137-72138.
---------------------------------------------------------------------------
(1) The mean of the sample,
where:
[GRAPHIC] [TIFF OMITTED] TR19SE22.029
and x is the sample mean, n is the number of samples, and
xi is the maximum of the ith sample;
Or,
(2) The upper 95 percent confidence limit (UCL) of the true mean
divided by 1.05,
where:
[GRAPHIC] [TIFF OMITTED] TR19SE22.030
and x is the sample mean, s is the sample standard deviation, n is
the number of samples, and t0.95 is the t statistic for a
95 percent one-tailed confidence interval with n-1 degrees of
freedom (from appendix A of subpart B of 10 CFR part 429).
86 FR 72096, 72126; see also 86 FR 72096, 72137-72138.
DOE stated that for purposes of certification testing, the
determination that a basic model complies with the applicable energy
conservation standard would be based on testing conducted using the
proposed DOE test procedure and sampling plan. The general sampling
requirement currently applicable to all covered products and equipment
provides that a sample of sufficient size must be randomly selected and
tested to ensure compliance and that, unless otherwise specified, a
minimum of two units must be tested to certify a basic model as
compliant. 10 CFR 429.11(a)-(b). DOE proposed to apply this same
minimum sample size requirement to circulator pumps. Thus, if a
statistical sampling plan is used, DOE proposed that a sample of
sufficient size be selected to ensure compliance and that at least two
units must be tested to determine the representative values of
applicable metrics for each basic model. DOE noted that manufacturers
may need to test a sample of more than two units depending on the
variability of their sample, as provided by the statistical sampling
plan. Id at 86 FR 72126.
DOE noted that the proposed sampling provisions would be applicable
to all energy-related metrics for which each manufacturer elected to
make representations. DOE stated that, similar to other pumps, an upper
confidence limit (``UCL'') of 0.95 divided by a de-rating factor of
1.05 would also be applicable to circulator pumps, based on the
variability inherent in the test procedure and manufacturing
variability among units within a given model. Specifically, DOE noted
that the proposed circulator pump test procedure is based on the same
[[Page 57289]]
fundamental test standard (i.e., HI 40.6-2021), with identical
equipment accuracy requirements and test tolerances. In addition, DOE
stated that circulator pumps would realize similar performance
variability to other commercial and industrial equipment, such as
general pumps and dedicated-purpose pool pumps, based on a statistical
analysis conducted by DOE discussed in section III.F.2 of this
document. Id. at 86 FR 72126.
DOE also stated that in addition to CEI, the rated hydraulic
horsepower would be an important characteristic for determining the
applicability of the proposed test procedure to a given circulator pump
model. Specifically, rated hydraulic horsepower would determine the
scope of applicability of the proposed test procedure for dry-rotor
close-coupled circulator pump and dry-rotor mechanically-coupled
circulator pump. DOE proposed that the representative value of rated
hydraulic horsepower be determined as the average of all the tested
units that serve as the basis for the rated efficiency for that basic
model. Similarly, DOE also proposed that true RMS current, true RMS
voltage, true power factor, input power, and the flow and head at BEP
at each load point be determined based on the average of the test
results, for each metric, from all the tested units that serve as the
basis for the rating for that basic model. Id. at 86 FR 72126-72127.
Finally, consistent with provisions for other commercial and
industrial equipment, DOE noted the applicability of certain
requirements regarding retention of certain information related to the
testing and certification of circulator pumps, which are detailed under
10 CFR 429.71. Generally, manufacturers must establish, maintain, and
retain certification and test information, including underlying test
data for all certification testing for 2 years from the date on which
the circulator pump model is discontinued in commerce. Id. at 86 FR
72127.
DOE requested comment on the proposed statistical sampling
procedures and certification requirements for circulator pumps. Id.
HI commented on what it stated was contradictory language within
the NOPR with regard to statistical sampling procedures. HI stated that
it agreed with the proposed language to 10 CFR 429.59 at 86 FR 72137,
which states in part: ``Any representation of the constant load pump
energy index (PEICL), variable load pump energy index (PEIVL),
circulator energy index (CEI), or other measure of energy consumption
of a basic model for which consumers would favor lower values shall be
greater than or equal to the higher of: . . .'', while HI stated that
the language in the preamble text at 86 FR 72126 incorrectly used
``lower''. (HI, No. 9 at p. 10) Grundfos agreed with the proposed
statistical sampling procedures and certification requirements.
(Grundfos, No. 7 at p. 6) Grundfos also stated that the discussion
recommendation diverges from the current requirement in 10 CFR 429.59
for selecting the highest of the Mean CEI and UCL/1.05 values. Grundfos
stated that the current language in the regulation should also apply to
circulators.\25\ (Grundfos, No. 7 at p. 6)
---------------------------------------------------------------------------
\25\ DOE notes that Grundfos included this statement in response
to a request for comment about enforcement provisions, but DOE
believes it is actually in reference to the sampling plan. (See
Grundfos, No. 7 at p. 6)
---------------------------------------------------------------------------
DOE acknowledges the error in the preamble of the December 2021
NOPR and adopts the sampling plan as proposed in the regulatory text.
With regard to the proposals related to representative values of rated
hydraulic horsepower, true RMS current, true RMS voltage, true power
factor, input power, and the flow and head at BEP at each load point,
DOE has determined that as it has not yet proposed or finalized
certification reporting requirements for circulator pumps, as discussed
in section III.E.2.d of this document, it is only appropriate to
finalize the proposals related to parameters necessary for
determination of scope (i.e., rated hydraulic horsepower) and
calculation of CEI (i.e., flow and head at BEP; input power limited to
relevant load points). Instead of including specific provisions for
true RMS current, true RMS voltage, true power factor, and input power
at unspecified points, which would be premature, DOE is finalizing a
provision that requires the representative value of any other reported
value of a basic model of circulator pump to be determined based on the
mean of that value for each tested unit. DOE will consider
certification reporting requirements in a separate rulemaking.
With regard to the requirements in 10 CFR 429.71 as discussed in
the December 2021 NOPR, DOE notes that the records retention
requirements are applicable to certification reports and the data
underlying certification reports. DOE reiterates that certification in
accordance with the test procedure adopted in this final rule would not
be required until such time as compliance were required with energy
conservation standards for circulator pumps, should DOE establish such
standards.
2. Enforcement Provisions
In the December 2021 NOPR, DOE stated that enforcement provisions
govern the process DOE would follow when performing an assessment of
basic model compliance with standards, as described under subpart C of
10 CFR part 429. Specifically, subpart C of 10 CFR part 429 describes
the notification requirements, legal processes, penalties, specific
prohibited acts, and testing protocols related to testing covered
equipment to determine or verify compliance with standards. DOE
proposed that the same general enforcement provisions contained in
subpart C of 10 CFR part 429 would be applicable to circulator pumps.
86 FR 72096, 72127.
Related to enforcement testing of circulator pumps, as specified in
10 CFR 429.110(e)(1), DOE proposed that it would conduct the applicable
circulator pump test procedure, once adopted, to determine the CEI for
tested circulator pump models. DOE proposed circulator-pump specific
enforcement testing provisions for 10 CFR 429.134.\26\ Specifically, if
a manufacturer did not certify a control setting, DOE would test the
circulator pump model using the no controls test method if no controls
were available, or if controls are available, DOE would test using the
test method for any one of the available control varieties on board.
DOE requested comment on how, absent information on the tested control
method for a basic model, DOE should determine which test method to
conduct. Id.
---------------------------------------------------------------------------
\26\ DOE intends to propose certification requirements in a
separate energy conservation standards rulemaking.
---------------------------------------------------------------------------
HI agreed with DOE's proposed methodology for determining which
test method to conduct and recommended that DOE make the tested control
method a mandatory entry in the data upload template. (HI, No. 9 at p.
10) Grundfos stated that DOE should rely on published literature on the
product, and absent that information DOE should select any available
control method for testing. (Grundfos, No. 7 at p. 6)
In response to HI, DOE will address the certification requirements
and template in a separate rulemaking. In response to Grundfos, DOE has
determined that it does not need to rely on manufacturer literature to
identify an appropriate control method for testing; any control method
available on board the circulator may be tested. As such, DOE is
finalizing its proposal that if a manufacturer does not certify a
control setting, DOE would test the circulator pump model using the no
controls test method if no controls were available, or
[[Page 57290]]
if controls are available, DOE would test using the test method for any
one of the available control varieties on board.
In the December 2021 NOPR, DOE noted that the CPWG recommended that
for pressure controls, manufacturers choose the factory control logic
to test, report the control setting used for rating, and report the
method of control (automatic speed adjustment, manual speed adjustment,
or simulated pressure signal adjustment). (Docket No. EERE-2016-BT-STD-
0004, No. 58 Recommendation #9 at p. 7) However, DOE proposed that it
would test using the specified control curve but would always use the
automatic control option for testing of pressure controls, to ensure
that any rated CEI is representative of commercially available
performance, as distributed in commerce. In addition, for circulator
pumps rated with adaptive pressure controls, DOE proposed to test the
circulator pump using the manual control option that results in the
lowest head values at each test point below maximum speed. This would
ensure that, if the minimum head thresholds are not accessible via the
commercially available control with which the pump is distributed in
commerce, a representative CEI can still be obtained for the compliance
of that circulator pump to be assessed. If a specified control curve is
not available, DOE proposed to test using any control that meets the
requirements specified in the pressure control test method. DOE stated
that it would consider adopting more specific provisions in the final
rule given feedback on the most appropriate selection criteria. 86 FR
72096, 72127.
For manual speed controls and external input signal controls, the
CPWG recommended testing at the lowest speed setting that will achieve
a head at or above the reference curve. (Docket No. EERE-2016-BT-STD-
0004, No. 58 Recommendation #9 at p. 7-8) DOE noted that this
requirement had been removed in HI 41.5-2021. For external input signal
controls and temperature controls, DOE proposed that it would conduct
enforcement testing with this provision. DOE stated that if manual
speed control testing is allowed below the reference curve, this
provision would not be applicable to certification testing. However, to
provide certainty as to how DOE would conduct enforcement testing DOE
proposed to specify that it would conduct testing using the speed
setting closest to each of the head points specified by the reference
system curve (above or below). 86 FR 72096, 72127.
DOE requested comment on the proposed product-specific enforcement
testing provisions for circulator pumps, particularly with regard to
the appropriate control curve for pressure controls (when not
specified) and the appropriate speed settings for other control
methods. Id.
HI stated that to clarify, DOE should test at the lowest head at or
above the reference curve for 75, 50, and 25 percent of BEP flow that
is within the manufacturer's literature. HI recommended that for the
100 percent BEP flow point, DOE should use the curve fitted 100 percent
BEP point as the anchor point. (HI, No. 9 at p. 10)
Grundfos stated that DOE should clarify that adaptive pressure
controls will be manually tested with the following parameters: (1)
test the points below 100 percent flow as close to the reference curve
as possible, still meeting the +-5% flow requirements, and (2) all test
points will be conducted within the operating parameters of the
identified adaptive control method (e.g., H_min_set, Hmax, etc.) to
ensure that the resultant CEI reflects test points achievable in the
field. (Grundfos, No. 7 at p. 6)
Upon review, DOE has determined that additional product-specific
enforcement provisions are not needed for circulator pumps. In HI 41.5-
2022, industry has determined that it is not necessary to specify
``lowest speed'' as part of the test methods. In addition, HI 41.5-2022
section 41.5.5.3 requires manufacturers to report to HI the control
type(s) the circulator pumps is rated with as well as, where
applicable, the control curve setting used and numerical description of
the control curve as a function of flow rate (gpm) and head (ft). As
such, DOE has determined that it will be sufficient for DOE to test the
circulator pump in accordance with the control curve description and
equation with which the circulator pumps was rated.
As circulator pumps have relatively large shipments and are
generally a high-volume piece of equipment, in the December 2021 NOPR,
DOE proposed to use, when determining performance for a specific basic
model, the enforcement testing sample size, calculations, and
procedures laid out in appendix A to subpart C of 10 CFR part 429 for
consumer products and certain high-volume commercial equipment. These
procedures, in general, provide that DOE would test an initial sample
of at least 4 units and determine the mean CEI value and standard error
of the sample. DOE would then compare these values to the CEI standard
level, once adopted, to determine the compliance of the basic model or
if additional testing (up to a total of 21 units) is required to make a
compliance determination with sufficient confidence. 86 FR 72096,
72127.
DOE noted that this proposal differs from the enforcement testing
sample size and calculations for DOE adopted for general pumps in the
January 2016 TP final rule. Specifically, in the January 2016 TP final
rule, DOE adopted provisions at 10 CFR 429.110(e)(5) \27\ stating that
DOE would assess compliance of any pump basic models undergoing
enforcement testing based on the arithmetic mean of up to four units.
81 FR 4086, 4121. In the August 2017 DPPP TP final rule, DOE also
adopted the enforcement testing sample provisions in appendix A and
clarified that the enforcement provisions adopted in the January 2016
TP final rule and specified at 10 CFR 429.110(e)(5) are only applicable
to those pumps subject to the test procedure adopted in the January
2016 TP final rule. 82 FR 36858, 36910. In the December 2021 NOPR, DOE
stated that circulator pumps should be treated similarly to DPPP
because of the shipments and high volume of the equipment. 86 FR 72096,
72127-72128.
---------------------------------------------------------------------------
\27\ DOE notes that the 2016 general pumps TP final rule were
originally adopted into 10 CFR 429.110(e)(1)(iv), but a recent
rulemaking for battery chargers reorganized the enforcement
provisions for various equipment, including pumps, to place the pump
enforcement provisions in 10 CFR 429.110(e)(5). 81 FR 31827, 31841
(May 20, 2016).
---------------------------------------------------------------------------
DOE requested comment on the proposal to apply to circulator pumps
the enforcement testing sample size, calculations, and procedures laid
out in appendix A to subpart C of 10 CFR part 429. Id. at 86 FR 72128.
HI stated that the standard methodology laid out in appendix A to
subpart C of 10 CFR part 429 applies to products where the
representative value of efficiency is larger for more efficient
products. HI noted that CEI has lower values for more efficient
products; therefore, appendix A is not applicable unless the
determinations are inverted. (HI, No. 9 at p. 10) Grundfos also stated
that appendix A applies to regulated products where the representative
measure is higher for more efficient product and therefore does not
apply to circulators. (Grundfos, No. 7 at p. 6)
In response to HI and Grundfos, DOE notes that while section (e) of
appendix A applies to products where the representative value of
efficiency is larger for more efficient products (i.e., subject to an
energy efficiency standard), section (f) applies to products that have
lower values for more efficient products (i.e., subject to an energy
[[Page 57291]]
consumption standard). As such, DOE is applying to circulator pumps the
enforcement testing sample size, calculations, and procedures laid out
in appendix A to subpart C of 10 CFR part 429 as proposed in the
December 2021 NOPR.
In the December 2021 NOPR, DOE noted that the rated hydraulic
horsepower would be necessary to determine the scope of applicability
of the test procedure to certain circulator pump varieties (i.e., dry-
rotor close-coupled circulator pump and dry-rotor mechanically-coupled
circulator pump). Therefore, DOE proposed specific procedures to
determine the rated hydraulic horsepower of tested circulator pumps
when verifying compliance. When determining compliance of any units
tested for enforcement purposes, DOE proposed that, if the rated
hydraulic horsepower determined through DOE's testing (either the
measured rated hydraulic horsepower for a single unit sample or the
average of the measured rated hydraulic horsepower values for a
multiple unit sample) is within 5 percent of the certified value of
rated hydraulic horsepower, then DOE would use the certified value of
rated hydraulic horsepower as the basis for determining the scope of
applicability for that circulator pump model. However, if DOE's tested
value of hydraulic horsepower is not within 5 percent of the certified
value of hydraulic horsepower, DOE would use the arithmetic mean of all
the hydraulic horsepower values resulting from DOE's testing when
determining the scope of applicability for the circulator pump model.
DOE stated such an approach would result in more reproducible and
equitable compliance determinations among DOE, manufacturers, and test
labs. 86 FR 72096, 72128.
DOE sought comment upon the applicability of a 5 percent tolerance
on rated hydraulic horsepower for each tested circulator pump model or
if a higher or lower percentage variation would be justified. Id.
HI stated that based on the uncertainties listed in HI 40.6-2021,
it agreed with DOE's proposal. (HI, No. 9 at p. 10) Grundfos also
agreed with the proposal. (Grundfos, No. 7 at p. 6)
DOE notes that while the preamble to the December 2021 NOPR
explained this proposal and solicited comment, the corresponding draft
regulatory text for this provision was erroneously omitted in the
December 2021 NOPR. Given stakeholder support for the proposal and for
the reasons discussed previously and in the December 2021 NOPR, in this
final rule, DOE adopts the product-specific enforcement provisions
related to hydraulic horsepower for circulator pumps as described in
the December 2021 NOPR preamble.
G. Representations of Energy Use and Energy Efficiency
In the December 2021 NOPR, DOE stated that manufacturers of
circulator pumps within the scope of the proposed circulator pump test
procedure, if finalized, would be required to use the test procedures
proposed in this rulemaking when making representations about the
energy efficiency or energy use of their equipment. 86 FR 72096, 72128.
Specifically, 42 U.S.C. 6314(d) provides that ``no manufacturer . . .
may make any representation . . . respecting the energy consumption of
such equipment or cost of energy consumed by such equipment, unless
such equipment has been tested in accordance with such test procedure
and such representation fairly discloses the results of such testing.''
DOE stated that, if made final, the proposed test procedure would
not require manufacturers to test the subject circulator pumps.
However, beginning 180 days after publication of a final rule that
adopts a test procedure for circulator pumps, any voluntary
representations as to the energy efficiency or energy use of a subject
circulator pump would be required to be based on the DOE test
procedure. (42 U.S.C. 6314(d)); 86 FR 72096, 72128.
With respect to representations, generally, DOE stated that
manufacturers often make representations (graphically or in numerical
form) of energy use metrics, including overall (wire-to-water)
efficiency, driver power input, and/or pump power output (hydraulic
horsepower) and may make these representations at a variety of
different load points or operating speeds. DOE proposed to allow
manufacturers to continue making these representations. To ensure
consistent and standardized representations across the pump industry
and to ensure such representations are not in conflict with the
reported CEI for any given circulator pump model, DOE proposed to
establish testing procedures for these parameters that are part of the
DOE test procedure and that while manufacturers would not be required
to make representations regarding the performance of circulator pumps
using these additional metrics, to the extent manufacturers wish to do
so, they would be required to do so based on testing in accordance with
the DOE test procedure. In addition, as noted in section III.C of this
document, the CPWG-recommended method of determining PERSTD,
if adopted by DOE, would require tested hydraulic horsepower of the
rated circulator pump at one or more specific load points. 86 FR 72096,
72128.
DOE noted that overall (wire-to-water) efficiency, driver power
input, and/or pump power output (hydraulic horsepower) are already
parameters that are described in HI 40.6-2021, which DOE proposed to
incorporate by reference in the DOE test procedure. DOE stated that
further specification is not necessary regarding the determination of
these parameters. DOE noted that HI 40.6-2021 does not include explicit
instructions for determining pump power output at specific load points;
however, section E.3.2 specifies determination of the circulator pump
total head versus flow rate curve based on a polynomial of the 6th
order, and DOE assumed this curve would be used to calculate pump power
output at any relevant load point. Id.
DOE requested comment on its proposal to adopt provisions for the
measurement of several other circulator pump metrics, including overall
(wire-to-water) efficiency, driver power input, and/or pump power
output (hydraulic horsepower). Id. DOE also requested comment on its
belief that HI 40.6-2021 contains all the necessary methods to
determine overall (wire-to-water) efficiency, driver power input, and/
or pump power output (hydraulic horsepower) and that further
specification is not necessary. 86 FR 72096, 72129.
HI agreed that the load point pump power output would be calculated
based on the flow and head curve as identified in HI 40.6-2021 section
E.3.2. (HI, No. 9 at p. 11) HI and Grundfos agreed that no further
specification is necessary in HI 40.6-2021. (HI, No. 9 at p. 11;
Grundfos, No .7 at p. 7)
HI stated that it is not realistic for circulator manufacturers to
update literature for all circulators 180 days after the final rule is
published. HI stated that specifically for products that will be
discontinued after the compliance date, the test burden required would
be orders of magnitude greater than the current test burden, and that
the additional testing burden was not considered when DOE evaluated the
impact on manufacturers. (HI, No. 9 at pp. 10-11) Grundfos also stated
that the provisions, combined with a 180-day implementation, would be a
large increase in burden for management of data and updating literature
across all possible representations. Grundfos added that this provision
does not address multi-market products (e.g., US
[[Page 57292]]
an EU) where both regions will require representations of the same data
using different test methods. (Grundfos, No. 7 at p. 6)
In response to HI and Grundfos, DOE has determined that in order to
meet its stated goal in the December 2021 NOPR of ensuring
representations of metrics other than CEI are not in conflict with the
reported CEI for any given circulator pump model, it is only necessary
to finalize provisions related to circulator pump metrics that are used
in the determination of CEI, specifically flow and head at BEP and pump
power output and driver power input at load points used in the
determination of CEI, including the rated hydraulic horsepower. Instead
of finalizing provisions specific to other metrics that may or may not
be reported to DOE, which would be premature, DOE is limiting the
adopted provision to state that any other reported performance
parameters must be determined based on testing according to the DOE
test procedure. This is consistent with the discussion in sections
III.E.2.d and III.F.1 of this document with respect to rounding and
representation provisions. DOE expects that by reducing the scope of
the metrics to which the test procedure provisions apply, DOE has
sufficiently mitigated the burden concerns expressed by HI and
Grundfos. DOE will consider certification reporting requirements in a
separate rulemaking. In addition, DOE notes that if manufacturers do
not make voluntary representations of CEI prior to the compliance date
of any relevant energy conservation standards, then the concerns about
conflicts with CEI would not apply.
H. Test Procedure Costs and Harmonization
1. Test Procedure Costs and Impacts
This final rule establishes a test procedure for circulator pumps
by incorporating by reference the test methods established in HI 40.6-
2021, ``Methods for Rotodynamic Pump Efficiency Testing,'' with certain
exceptions. Additionally, DOE is establishing representations, and
enforcement provisions for circulator pumps that would be added to 10
CFR parts 429 and 431, respectively.
DOE is incorporating, by reference, the test methods established in
HI 40.6-2021, ``Methods for Rotodynamic Pump Efficiency Testing,'' with
certain exceptions. The test results are necessary for calculating the
CEI to represent the energy consumption of the circulator pump,
inclusive of a motor and any controls, and determine the minimum test
sample (i.e., number of units) and permitted method of determining
represented values.
DOE has determined that the test procedure established in this
final rule would not be unduly burdensome, given that DOE is
referencing the prevailing industry test procedure. Furthermore,
compliance with the test procedure in this final rule is not required
until such a time DOE adopts energy efficiency standards for circulator
pumps, or if a manufacturer chooses to make voluntary representations.
Accordingly, DOE has determined that this final rule establishes DOE
test procedures that are reasonably designed to produce test results,
which reflect energy efficiency and energy use of circulator pumps
during a representative average use cycle and would not be unduly
burdensome for manufacturers to conduct.
In the December 2021 NOPR, DOE presented the maximum expected
testing burden associated with testing equipment and procedure
consistent with the requirements of the proposed test procedure should
a manufacturer not already be testing to HI 40.6-2021. 86 FR 72096,
72129. DOE considered also the capital conversion costs and labor costs
for a manufacturer to conduct testing in-house. Capital cost estimates
are based on previous manufacturer interviews and stakeholder comments.
The following sections detail those costs in specifics.
a. Estimated Capital Costs for Testing Circulator Pumps
In the maximum-burden case where a circulator pump manufacturer
would be required to construct a test lab from scratch, manufacturers
would be required to make capital outlays to acquire test equipment.
The first necessary item for testing a circulator pump is a water
reservoir to hold the water that the pump circulates during testing.
Manufacturers provided estimates to DOE on the cost of water reservoirs
for a variety of sizes. The water reservoir sizes provided from
manufacturers varied between 5 gallons and 1,500 gallons, as some
manufacturers also use their water reservoirs to test larger pumps.
Based on the information provided, DOE estimated in the December 2021
NOPR that the cost of a water reservoir to test circulator pumps to be
approximately $9.30 per gallon. Because the circulator pumps are
typically less than 5 hp in output, DOE used a 100-gallon water
reservoir as a typical size and thus estimates the cost at
approximately $930 for the water reservoir.\28\ Id.
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\28\ DOE based this cost estimate on information gathered from
manufacturers during the 2016 CPWG meetings.
---------------------------------------------------------------------------
To complete the circulator pump test loop, assorted piping and
valves would be necessary to circulate water from the reservoir to the
pump and regulate the flow and head of the water. Multiple diameter
pipes, valves, and associated fittings may be required to accommodate
different size circulator pumps. The total costs for the values and
piping will vary on pipe diameter as well as the actual testing
laboratory configuration. In the December 2021 NOPR, DOE estimated a
cost of $2,745 for the piping and valves necessary to test the
circulator pumps within the scope of the proposed test procedure.\29\
Id.
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\29\ DOE based this cost estimate on information gathered from
manufacturers during the 2016 CPWG meetings.
---------------------------------------------------------------------------
The proposed DOE test procedure also requires the power supply
characteristics (i.e., voltage, frequency, voltage unbalance, and total
harmonic distortion) to be maintained within specific values.
Specifically, the proposed power supply requirements must be within a
certain percent of the rated voltage, frequency, and voltage unbalance.
Also, the total harmonic distortion must be limited throughout the
test. In some situations, manufacturers may be required to acquire
power conditioning equipment to ensure the power supplied to the
circulator pump motor or control is within the required tolerances.
Based on the estimates DOE researched for power supplies as well as
incorporated estimates provided by manufacturers of possible equipment
costs, DOE estimated the cost for power conditioning equipment as
$2,200.\30\ Id.
---------------------------------------------------------------------------
\30\ DOE based this cost estimate on information gathered from
manufacturers during the 2016 CPWG meetings.
---------------------------------------------------------------------------
The circulator pump test procedure in this final rule contains
requirements regarding the characteristics and accuracy of the
measurement necessary for determining relevant measured quantities. The
primary measurement equipment includes flow measuring equipment,
pressure measuring equipment, and electrical measuring equipment.
Test facilities would need equipment to measure the flow rate in
gallons per minute to verify that the circulator pump is operating at
the applicable load point. Manufacturers indicated that, for flow
measurement equipment, they utilized magnetic flow measurement devices.
These magnetic flow
[[Page 57293]]
measurement devices vary in price based on the range of the device to
accommodate different sizes of circulator pumps. DOE researched flow
measurement devices, as well as referenced feedback from manufacturer
interviews about the typical prices of various sizes of flow
measurement devices. In the December 2021 NOPR, DOE estimated a typical
flow measurement equipment capable of accommodating the full range of
circulator pumps subject to this proposed test procedure to be
$4,400.\31\ Id. at 86 FR 72129-72130.
---------------------------------------------------------------------------
\31\ DOE based this cost estimate on information gathered from
manufacturers during the 2016 CPWG meetings.
---------------------------------------------------------------------------
Pressure measurement equipment could include a manometer, bourdon
tube, digital indicator, or a transducer. Manufacturers provided
information as to which pressure measurement device they utilize and
the approximate cost of such device. DOE's research indicated that most
manufacturers utilize differential pressure transducers to measure
pressure in the test setup. In the December 2021 NOPR, DOE estimated
the average cost of the pressure measurement devices to be $1,650.\32\
Id. at 86 FR 72130.
---------------------------------------------------------------------------
\32\ DOE based this cost estimate on information gathered from
manufacturers during the 2016 CPWG meetings.
---------------------------------------------------------------------------
Finally, electrical measurement equipment is necessary to determine
the input power to the circulator pump, as measured at the input to the
motor or controls (if present). There are multiple devices that can
measure power and energy values. However, DOE includes specific
requirements regarding the accuracy and quantities measured for such
power measuring equipment, as discussed in section III.E.1 of this
document. In this case, only specific power analyzers and watt-amp-volt
meters with the necessary accuracy can measure RMS voltage, RMS
current, and real power up to at least the 40th harmonic of fundamental
supply source frequency and having an accuracy level of 2.0
percent of the measured value when measured at the fundamental supply
source frequency. DOE researched equipment as well as inquired with
manufacturers about the equipment used and related costs. DOE estimated
the typical cost for the electrical measurement equipment to conduct
this proposed test procedure is $4,400.\33\ Id.
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\33\ DOE based this cost estimate on information gathered from
manufacturers during the 2016 CPWG meetings.
---------------------------------------------------------------------------
Additionally, temperature measurements would be necessary to
perform the test procedure. To verify that the testing fluid (i.e.,
clear water) is within the specified temperature range, testing
facilities will also need to measure temperature. DOE estimated a cost
of $220 for potential temperature measurement devices.\34\ Id.
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\34\ DOE based this cost estimate on information gathered from
manufacturers during the 2016 CPWG meetings.
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Finally, to ensure that all data are taken simultaneously and
properly recorded, a data acquisition system might also be necessary.
DOE researched data acquisition systems necessary for the test
procedure and estimated the typical cost for a data acquisition system
as $21,000.\35\ Id.
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\35\ DOE based this cost estimate on information gathered from
manufacturers during the 2016 CPWG meetings.
---------------------------------------------------------------------------
In total, DOE estimated the cost of acquiring all the necessary
equipment to perform the proposed circulator pump test procedure as
approximately $37,600, if a manufacturer needed to purchase all the
testing equipment described in this section. In the December 2021 NOPR,
DOE requested comment on its understanding of the capital cost burden
associated with its proposed test procedure. Id.
In response, HI stated that a capital investment range of $20,000-
$37,600 for HI members with existing laboratories was sufficient. For
manufacturers that would need to create a circulator pump-specific test
laboratory, HI estimated conversion costs could exceed DOE's high-end
estimate of $37,600. (HI, No. 9 at p. 11) Grundfos agreed with HI that
opening a lab would exceed the high-end estimate and elaborated by
explaining there are additional costs that are not related to test
equipment. (Grundfos No. 7 at p. 7)
While DOE recognizes there would be costs to develop a test
laboratory specific to circulator pumps, DOE notes that the majority of
circulator pump manufacturers have indicated they already have existing
testing capabilities to verify equipment performance, as well as
certify performance for other applicable circulator pump programs.\36\
In response to the December 2021 NOPR, HI stated that all members have
implemented the capital investments necessary to have their labs
certified under the HI Pump Test Laboratory Program and to properly
test and rate circulators as part of the HI Energy Rating program. (HI,
No. 9 at p. 11) Comments were not received regarding the specific test
facility cost estimates.
---------------------------------------------------------------------------
\36\ See section III.B.1 for a review of applicable circulator
pump regulatory and voluntary programs.
---------------------------------------------------------------------------
DOE has determined that its estimated $37,600 capital cost as a
maximum-case estimate is representative of the maximum burden a
manufacturer could incur. However, DOE notes that is not representative
of the likely eventual burden to most manufacturers.
b. Estimated Labor Costs for Testing Circulator Pumps
This final rule includes requirements regarding the sampling plan
and representations for covered circulator pumps at subpart B of part
429 of title 10 of the Code of Federal Regulations. The sampling plan
requirements are similar to those for several other types of commercial
equipment and, among other things, require a sample size of at least
two units per circulator pump basic model be tested when determining
representative values CEI, as well as other circulator pump performance
metrics.
In the December 2021 NOPR, DOE estimated the fully burdened
mechanical engineering technician wage of $41.46/hr.\37\ DOE estimated
an average of 7.5 hours per pump. DOE calculated the total cost of
labor for testing a circulator pump to be approximately $622 per basic
model.\38\ 86 FR 72096, 72130.
---------------------------------------------------------------------------
\37\ DOE estimated the hourly wage using data from BLS's
``Occupational Employment and Wages, May 2020'' publication. DOE
used the ``Mechanical Engineering Technologies and Technicians''
mean hourly wage of $29.27 to estimate the hourly wage rate
(www.bls.gov/oes/current/oes173027.htm). DOE then used BLS's
``Employer Costs for Employee Compensation--June 2021'' to estimate
that wages and salary account for approximately 70.6 for private
industry workers. (www.bls.gov/news.release/archives/ecec_09162021.pdf). Last accessed on May 15, 2022. Therefore, DOE
estimated a fully-burdened labor rate of $41.46 ($29.27 / 0.706 =
$41.46),
\38\ 7.5 mechanical engineering technician hours x $41.46/hr x 2
units per basic model = $621.90 (rounded to $622).
---------------------------------------------------------------------------
In the December 2021 NOPR, DOE requested comment on the estimated
time and costs to complete a test of a single circulator pump basic
model under the proposed test procedure. Id.
Grundfos commented that DOE underestimated the cost for testing
because the estimate only included the testing portion and stated that
additional testing tasks such as product scoping, test planning, data
management, and required documentation updates are not captured in the
analysis. (Grundfos, No. 7 at p. 7) HI provided laboratory technician
and engineer labor estimates of twelve hours and six hours per basic
model, respectively. (HI, No. 9 at p. 11) In response, DOE updated its
labor estimate to arrive at a labor testing cost of $1,088 per basic
model.39 40
---------------------------------------------------------------------------
\39\ DOE identified the hourly wage using data from BLS's
``Occupational Employment and Wages, May 2021'' publication. DOE
used the ``Mechanical Engineering Technologies and Technicians'' and
``Mechanical Engineer'' mean hourly wages of $30.47 and $46.64,
respectively, to estimate the hourly wage rate (https://www.bls.gov/oes/current/oes_nat.htm). DOE then used BLS's ``Employer Costs for
Employee Compensation--December 2021'' to estimate that wages and
salary account for approximately 70.6 for private industry workers.
\40\ ((16 technician hours x $43.22/hr) + (6 engineer hours x
$66.16/hr)) x (2 units per basic model) = $1,088 per basic model.
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[[Page 57294]]
2. Harmonization With Industry Standards
DOE's established practice is to adopt relevant industry standards
as DOE test procedures unless such methodology would be unduly
burdensome to conduct or would not produce test results that reflect
the energy efficiency, energy use, water use (as specified in EPCA) or
estimated operating costs of that product during a representative
average use cycle. Section 8(c) of appendix A of 10 CFR part 430
subpart C; 10 CFR 431.4. In cases where the industry standard does not
meet EPCA statutory criteria for test procedures, DOE will make
modifications through the rulemaking process to these standards as the
DOE test procedure.
The industry standard DOE is incorporating by reference via
proposals described in the NOPR (see 86 FR 72096, 72131) is discussed
in further detail in section IV.N of this document.
HI commented that the testing outlined in the December 2021 NOPR
adds some burden without any benefit and that DOE should stay
consistent with HI 41.5. HI asserted that to test the 100 percent BEP
flow at maximum speed for Manual Speed Controls and External Input
Signal Controls the same way as for Pressure and Temperature Controls
as proposed in Table III.2 of the December 2021 NOPR and this document
would be a burden without any benefit since it is a repetition of
already determined data without improvement in accuracy. For this
reason, HI recommended that DOE stay consistent with HI 41.5 and not
require this. Further, individual values of RMS voltage, RMS current,
and True Power Factor are not always available; therefore, requiring
mandatory reporting of this data would add burden without additional
energy benefits. (HI, No. 9 at pp. 11-12) Grundfos agreed with the
inclusion of industry standards in this rulemaking. (Grundfos, No. 7 at
p. 7)
DOE is incorporating, by reference, sections of HI 41.5 that
include testing of Manual Speed Controls and External Input Signal
Controls. This is respectively discussed further in sections III.D.5
and III.D.6 of this document. The rounding requirements for metrics
that are voluntary to report are provided in section III.E.2.d of this
document. In addition, DOE is adopting test methods and calculations
for circulator pumps with certain control varieties by incorporating
certain sections of HI 41.5-2022.
DOE is also adopting through reference, sections of HI 40.6-2021,
which is discussed in section III.E.2 of this document, in order to
appropriately address circulator pump testing as specific from other
rotodynamic pump testing.
I. Compliance Date
The effective date for the adopted test procedure amendment will be
30 days after publication of this final rule in the Federal Register.
EPCA prescribes that all representations of energy efficiency and
energy use, including those made on marketing materials and product
labels, must be made in accordance with an amended test procedure,
beginning 180 days after publication of the final rule in the Federal
Register. (42 U.S.C. 6314(d)(1)) EPCA provides an allowance for
individual manufacturers to petition DOE for an extension of the 180-
day period if the manufacturer may experience undue hardship in meeting
the deadline. (42 U.S.C. 6314(d)(2)) To receive such an extension,
petitions must be filed with DOE no later than 60 days before the end
of the 180-day period and must detail how the manufacturer will
experience undue hardship. (Id.)
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 and 13563
Executive Order (``E.O.'')12866, ``Regulatory Planning and
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving
Regulation and Regulatory Review, 76 FR 3821 (Jan. 21, 2011), requires
agencies, to the extent permitted by law, to (1) propose or adopt a
regulation only upon a reasoned determination that its benefits justify
its costs (recognizing that some benefits and costs are difficult to
quantify); (2) tailor regulations to impose the least burden on
society, consistent with obtaining regulatory objectives, taking into
account, among other things, and to the extent practicable, the costs
of cumulative regulations; (3) select, in choosing among alternative
regulatory approaches, those approaches that maximize net benefits
(including potential economic, environmental, public health and safety,
and other advantages; distributive impacts; and equity); (4) to the
extent feasible, specify performance objectives, rather than specifying
the behavior or manner of compliance that regulated entities must
adopt; and (5) identify and assess available alternatives to direct
regulation, including providing economic incentives to encourage the
desired behavior, such as user fees or marketable permits, or providing
information upon which choices can be made by the public. DOE
emphasizes as well that E.O. 13563 requires agencies to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible. In its guidance, the
Office of Information and Regulatory Affairs (``OIRA'') in the Office
of Management and Budget (``OMB'') has emphasized that such techniques
may include identifying changing future compliance costs that might
result from technological innovation or anticipated behavioral changes.
For the reasons stated in the preamble, this final regulatory action is
consistent with these principles.
Section 6(a) of E.O. 12866 also requires agencies to submit
``significant regulatory actions'' to OIRA for review. OIRA has
determined that this final regulatory action does not constitute a
``significant regulatory action'' under section 3(f) of E.O. 12866.
Accordingly, this action was not submitted to OIRA for review under
E.O. 12866.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of a final regulatory flexibility analysis (``FRFA'') for
any final rule that by law must be proposed for public comment, unless
the agency certifies that the rule, if promulgated, will not have a
significant economic impact on a substantial number of small entities.
As required by Executive Order 13272, ``Proper Consideration of Small
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE
published procedures and policies on February 19, 2003, to ensure that
the potential impacts of its rules on small entities are properly
considered during the DOE rulemaking process. 68 FR 7990. DOE has made
its procedures and policies available on the Office of the General
Counsel's website: www.energy.gov/gc/office-general-counsel.
DOE conducted an initial regulatory flexibility analysis (``IRFA'')
as part of the December 2021 NOPR. As part of the IRFA, DOE initially
concluded that it would be unlikely for small business manufacturers to
incur significant burden as result of the proposed test procedure given
that: (1) most
[[Page 57295]]
manufacturers are already testing to HI 40.6-2021 and (2) testing would
not be required until a time DOE established energy conservation
standards for circulator pumps or a manufacturer choose to make
voluntary representations. 86 FR 72096, 72131-72133. DOE reviewed the
test procedures in this final rule under the provisions of the
Regulatory Flexibility Act and the procedures and policies published on
February 19, 2003.
EPCA \41\ 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 C \42\ of EPCA, added by Public Law
95-619, Title IV, section 441(a) (42 U.S.C. 6311-6317 as codified),
established the Energy Conservation Program for Certain Industrial
Equipment, which sets forth a variety of provisions designed to improve
energy efficiency. This equipment includes pumps, the subject of this
document. (42 U.S.C. 6311(1)(A))
---------------------------------------------------------------------------
\41\ All references to EPCA in this document refer to the
statute as amended through the Energy Act of 2020, Public Law 116-
260 (Dec. 27, 2020)), which reflect the last statutory amendments
that impact Parts A and A-1 of EPCA.
\42\ For editorial reasons, upon codification in the U.S. Code,
Part C was redesignated Part A-1.
---------------------------------------------------------------------------
For manufacturers of circulator pumps, the Small Business
Administration (``SBA'') has set a size threshold, which defines those
entities classified as ``small businesses'' for the purposes of the
statute. DOE used the SBA's small business size standards to determine
whether any small entities would be subject to the requirements of the
rule. In 13 CFR 121.201, the SBA sets a threshold of 750 employees or
fewer for an entity to be considered as a small business for this
category. The equipment covered by this rule are classified under North
American Industry Classification System (``NAICS'') code 333914,\43\
``Measuring, Dispensing, and Other Pumping Equipment Manufacturing.''
---------------------------------------------------------------------------
\43\ The size standards are listed by NAICS code and industry
description and are available at: www.sba.gov/document/support--table-size-standards (Last accessed on May 1, 2022).
---------------------------------------------------------------------------
DOE used publicly available information to identify small
businesses that manufacture circulator pumps covered in this
rulemaking. DOE identified ten companies that are OEMs of circulator
pumps covered by this rulemaking. DOE screened out companies that do
not meet the definition of a ``small business'' or are foreign-owned
and operated. DOE identified three small, domestic OEMs using
subscription-based business information tools to determine the number
of employees and revenue of the potential small businesses.
Given that DOE is referencing the prevailing industry test
procedure, DOE has determined the test procedure in this final rule
would not significantly increase burden for circulator pump
manufacturers, including small businesses. Furthermore, compliance with
the test procedure in this final rule is not required until such a time
DOE adopts energy efficiency standards for circulator pumps, or in the
scenario a manufacturer chooses to make voluntary representations.
Therefore, on the basis of the de minimis compliance burden, DOE
certifies that this final rule does not have a ``significant economic
impact on a substantial number of small entities,'' and that the
preparation of a FRFA is not warranted. DOE will transmit a
certification and supporting statement of factual basis to the Chief
Counsel for Advocacy of the Small Business Administration for review
under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act of 1995
Although no energy conservation standards have been established for
circulator pumps as of the publication of this final rule,
manufacturers of circulator pumps would need to certify to DOE that
their products comply with any potential future applicable energy
conservation standards. To certify compliance, manufacturers must first
obtain test data for their products according to the DOE test
procedures, including any amendments adopted for those test procedures.
DOE has established regulations for the certification and recordkeeping
requirements for all covered consumer products and commercial
equipment, including pumps. (See generally 10 CFR part 429.) The
collection-of-information requirement for the certification and
recordkeeping is subject to review and approval by OMB under the
Paperwork Reduction Act (``PRA''). This requirement has been approved
by OMB under OMB control number 1910-1400. Public reporting burden for
the certification is estimated to average 35 hours per response,
including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information.
Certification data will be required for circulator pumps; however,
DOE is not establishing certification or reporting requirements for
circulator pumps in this final rule. Instead, DOE may consider
proposals to establish certification requirements and reporting for
circulator pumps under a separate rulemaking regarding appliance and
equipment certification. DOE will address changes to OMB Control Number
1910-1400 at that time, as necessary.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
In this final rule, DOE establishes test procedure amendments that
it expects will be used to develop and implement future energy
conservation standards for circulator pumps. DOE has determined that
this rule falls into a class of actions that are categorically excluded
from review under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and DOE's implementing regulations at 10 CFR part
1021. Specifically, DOE has determined that adopting test procedures
for measuring energy efficiency of consumer products and industrial
equipment is consistent with activities identified in 10 CFR part 1021,
appendix A to Subpart D, A5 and A6. Accordingly, neither an
environmental assessment nor an environmental impact statement is
required.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4,
1999), imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have federalism implications. The Executive order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to carefully assess the necessity for such actions. The Executive order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.
On March 14, 2000, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in the
development of such regulations. 65 FR 13735. DOE examined this final
rule and determined that it will not have a substantial direct effect
on the States, on the relationship between the national government and
the States, or on the distribution of power and
[[Page 57296]]
responsibilities among the various levels of government. EPCA governs
and prescribes Federal preemption of State regulations as to energy
conservation for the products that are the subject of this final rule.
States can petition DOE for exemption from such preemption to the
extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6316(a);
42 U.S.C. 6297(d)) No further action is required by Executive Order
13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
eliminate drafting errors and ambiguity; (2) write regulations to
minimize litigation; (3) provide a clear legal standard for affected
conduct rather than a general standard; and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that executive agencies make every reasonable
effort to ensure that the regulation (1) clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
this final rule meets the relevant standards of Executive Order 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action resulting in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at www.energy.gov/gc/office-general-counsel. DOE examined this final
rule according to UMRA and its statement of policy and determined that
the rule contains neither an intergovernmental mandate, nor a mandate
that may result in the expenditure of $100 million or more in any year,
so these requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This final rule will not have any impact on the autonomy or integrity
of the family as an institution. Accordingly, DOE has concluded that it
is not necessary to prepare a Family Policymaking Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (March 18, 1988), that this regulation will not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant
to OMB Memorandum M-19-15, Improving Implementation of the Information
Quality Act (April 24, 2019), DOE published updated guidelines which
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has
reviewed this final rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgated or is expected to lead to promulgation of a final
rule, and that (1) is a significant regulatory action under Executive
Order 12866, or any successor order; and (2) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any significant energy action, the
agency must give a detailed statement of any adverse effects on energy
supply, distribution, or use if the regulation is implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
This regulatory action is not a significant regulatory action under
Executive Order 12866. Moreover, it would not have a significant
adverse effect on the supply, distribution, or use of energy, nor has
it been designated as a significant energy action by the Administrator
of OIRA. Therefore, it is not a significant energy action, and,
accordingly, DOE has not prepared a Statement of Energy Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977. (15 U.S.C. 788;
``FEAA'') Section 32 essentially provides in relevant part that, where
a proposed rule authorizes or requires use of commercial standards, the
notice of proposed rulemaking must inform the
[[Page 57297]]
public of the use and background of such standards. In addition,
section 32(c) requires DOE to consult with the Attorney General and the
Chairman of the Federal Trade Commission (``FTC'') concerning the
impact of the commercial or industry standards on competition.
The test procedure for circulator pumps adopted in this final rule
incorporates testing methods contained in certain sections of the
following commercial standards: HI 40.6-2021 and HI 41.5-2022. DOE has
evaluated these standards and is unable to conclude whether it fully
complies with the requirements of section 32(b) of the FEAA (i.e.,
whether it was developed in a manner that fully provides for public
participation, comment, and review.) DOE has consulted with both the
Attorney General and the Chairman of the FTC about the impact on
competition of using the methods contained in these standards and has
received no comments objecting to their use.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule before its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
N. Description of Materials Incorporated by Reference
In this final rule, DOE incorporates by reference the test standard
HI 41.6-2021. This is an industry-accepted standard used to specify
methods of testing for determining the head, flow rate, driver power
input, pump power output, and other relevant parameters necessary to
determine the CEI of applicable pumps proposed in this TP NOPR. The
test procedure adopted in this final rule references various sections
of HI 40.6-2021 that address test setup, instrumentation, measurement,
and test specifications.
DOE also incorporates by reference the rating guideline HI 41.5-
2022. This is an industry-accepted guideline used to test and rate
circulator pumps as part of an industry program. Copies of HI 40.6-2021
and HI 41.5-2022 may be obtained from Hydraulic Institute, 6 Campus
Drive, First Floor North, Parsippany, NJ, 07054-4406, (973) 267-9700,
or by visiting www.Pumps.org.
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects
10 CFR Part 429
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Intergovernmental relations, Reporting and recordkeeping requirements,
Small businesses.
10 CFR Part 431
Administrative practice and procedure, Confidential business
information, Energy conservation test procedures, Incorporation by
reference, and Reporting and recordkeeping requirements.
Signing Authority
This document of the Department of Energy was signed on August 24,
2022, by Dr. Geraldine L. Richmond, Undersecretary of Science and
Innovation, pursuant to delegated authority from the Secretary of
Energy. That document with the original signature and date is
maintained by DOE. For administrative purposes only, and in compliance
with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on September 8, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE amends parts 429 and
431 of chapter II of Title 10, Code of Federal Regulations as set forth
below:
PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 429 continues to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
0
2. Section 429.59 is amended by revising paragraphs (a)(1)(i) and
(a)(2)(i) and adding paragraphs (a)(2)(iv) through (vii) to read as
follows:
Sec. 429.59 Pumps.
* * * * *
(a) * * *
(1) * * *
(i) Any representation of the constant load pump energy index
(PEICL), variable load pump energy index (PEIVL),
circulator energy index (CEI), or other measure of energy consumption
of a basic model for which consumers would favor lower values shall be
greater than or equal to the higher of:
(A) The mean of the sample,
where:
[GRAPHIC] [TIFF OMITTED] TR19SE22.031
and x is the sample mean, n is the number of samples, and
xi is the maximum of the ith sample;
Or,
(B) The upper 95 percent confidence limit (UCL) of the true mean
divided by 1.05,
where:
[GRAPHIC] [TIFF OMITTED] TR19SE22.032
and x is the sample mean, s is the sample standard deviation, n is
the number of samples, and t0.95 is the t statistic for a
95 percent one-tailed confidence interval with n-1 degrees of
freedom (from appendix A of subpart B of part 429).
(2) * * *
(i) Rated hydraulic horsepower. The representative value of rated
hydraulic horsepower of a basic model of dedicated-purpose pool pump or
circulator pump must be the mean of the rated hydraulic horsepower for
each tested unit.
* * * * *
(iv) Input power. The representative value(s) of input power of a
basic model of circulator pump at a load point(s) used in the
calculation of CEI must be determined based on the mean of the input
power at measured data point(s) for each tested unit.
(v) Flow at BEP and maximum speed. The representative value of flow
at BEP and maximum speed of a basic model of circulator pump must be
determined based on the mean of the flow at BEP and maximum speed for
each tested unit.
(vi) Head at BEP and maximum speed. The representative value of
head at BEP and maximum speed of a basic model of circulator pump must
be determined based on the mean of the head at BEP and maximum speed
for each tested unit.
(vii) Other reported values. The representative value of any other
reported value of a basic model of circulator pump must be determined
[[Page 57298]]
based on the mean of that value for each tested unit.
* * * * *
0
3. Section 429.110 is amended by revising paragraphs (e)(1) and (5) to
read as follows:
Sec. 429.110 Enforcement testing.
* * * * *
(e) * * *
(1) For products with applicable energy conservation standard(s) in
Sec. 430.32 of this chapter, and commercial prerinse spray valves,
illuminated exit signs, traffic signal modules and pedestrian modules,
commercial clothes washers, dedicated-purpose pool pumps, circulator
pumps, and metal halide lamp ballasts, DOE will use a sample size of
not more than 21 units and follow the sampling plans in appendix A of
this subpart (Sampling for Enforcement Testing of Covered Consumer
Products and Certain High-Volume Commercial Equipment).
* * * * *
(5) For pumps subject to the test procedures specified in Sec.
431.464(a) of this chapter, DOE will use an initial sample size of not
more than four units and will determine compliance based on the
arithmetic mean of the sample.
* * * * *
0
4. Section 429.134 is amended by adding paragraph (i)(3) to read as
follows:
Sec. 429.134 Product-specific enforcement provisions.
* * * * *
(i) * * *
(3) Circulator pumps. (i) The flow rate at BEP and maximum speed of
each tested unit of the basic model will be measured pursuant to the
test requirements of Sec. 431.464(c) of this chapter, where the value
of flow rate at BEP and maximum speed certified by the manufacturer
will be treated as the expected BEP flow rate at maximum speed. The
resulting measurement(s) will be compared to the value of flow rate at
BEP and maximum speed certified by the manufacturer. The certified flow
rate at BEP and maximum speed will be considered valid only if the
measurement (either the measured flow rate at BEP and maximum speed for
a single unit sample or the average of the measured flow rates for a
multiple unit sample) is within 5 percent of the certified flow rate at
BEP and maximum speed.
(A) If the representative value of flow rate is found to be valid,
the measured flow rate at BEP and maximum speed will be used in
subsequent calculations of circulator energy rating (CER) and
circulator energy index (CEI) for that basic model.
(B) If the representative value of flow rate at BEP and maximum
speed is found to be invalid, the mean of all the measured values of
flow rate at BEP and maximum speed determined from the tested unit(s)
will serve as the new expected BEP flow rate and the unit(s) will be
retested until such time as the measured flow rate at BEP and maximum
speed is within 5 percent of the expected BEP flow rate.
(ii) The rated hydraulic horsepower of each tested unit of the
basic model will be measured pursuant to the test requirements of Sec.
431.464(c) of this chapter. The resulting measurement will be compared
to the rated hydraulic horsepower certified by the manufacturer. The
certified rated hydraulic horsepower will be considered valid only if
the measurement (either the measured rated hydraulic horsepower for a
single unit sample or the average of the measured rated hydraulic
horsepower values for a multiple unit sample) is within 5 percent of
the certified rated hydraulic horsepower.
(A) If the certified rated hydraulic horsepower is found to be
valid, the certified rated hydraulic horsepower will be used as the
basis for determining scope of applicability for that model.
(B) If the certified rated hydraulic horsepower is found to be
invalid, the arithmetic mean of all the hydraulic horsepower values
resulting from DOE's testing will be used as the basis for determining
scope of applicability for that model.
(iii) DOE will test each circulator pump unit according to the
control setting with which the unit was rated. If no control setting is
specified and no controls were available, DOE will test using the full
speed test. If no control setting is specified and a variety of
controls are available, DOE will test using the test method for any one
of the control varieties available on board.
(iv) DOE will test each circulator pump using the description and
equation for the control curve with which it was rated, if available.
* * * * *
PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT
0
5. The authority citation for part 431 continues to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
0
6. Section 431.462 is amended by:
0
a. Adding in alphabetical order definitions for the terms ``Adaptive
pressure controls'', ``Circulator-less-volute'', ``Circulator pump'',
``Dry rotor, three-piece circulator pump'', ``Dry rotor, two-piece
circulator pump'', ``External input signal control'', and ``Header
pump''.
0
b. Revising the definition for ``Horizontal motor''; and
0
c. Adding in alphabetical order definitions for ``Manual speed
control'', ``On-demand circulator'', ``Pressure control'',
``Temperature control'', and ``Wet rotor circulator pump''.
The additions and revision read as follows:
Sec. 431.462 Definitions.
* * * * *
Adaptive pressure control means a pressure control that senses the
head requirements in the system in which it is installed and adjusts
the pump control curve accordingly.
* * * * *
Circulator-less-volute means a circulator pump distributed in
commerce without a volute and for which a paired volute is also
distributed in commerce. Whether a paired volute is distributed in
commerce will be determined based on published data, marketing
literature, and other publicly available information.
Circulator pump means is a pump that is either a wet rotor
circulator pumps; a dry rotor, two-piece circulator pump; or a dry
rotor, three-piece circulator pump. A circulator pump may be
distributed in commerce with or without a volute.
* * * * *
Dry rotor, three-piece circulator pump means:
(1) A single stage, rotodynamic, single-axis flow, mechanically-
coupled, dry rotor pump that:
(i) Has a rated hydraulic power less than or equal to 5 hp at the
best efficiency point at full impeller diameter,
(ii) Is distributed in commerce with a horizontal motor, and
(iii) Discharges the pumped liquid through a volute in a plane
perpendicular to the shaft.
(2) Examples include, but are not limited to, pumps generally
referred to in industry as CP3.
Dry rotor, two-piece circulator pump means:
(1) A single stage, rotodynamic, single-axis flow, close-coupled,
dry rotor pump that:
(i) Has a rated hydraulic power less than or equal to 5 hp at best
efficiency point at full impeller diameter,
[[Page 57299]]
(ii) Is distributed in commerce with a horizontal motor, and
(iii) Discharges the pumped liquid through a volute in a plane
perpendicular to the shaft.
(2) Examples include, but are not limited to, pumps generally
referred to in industry as CP2.
* * * * *
External input signal control means a variable speed drive that
adjusts the speed of the driver in response to an input signal from an
external logic and/or user interface.
* * * * *
Header pump means a circulator pump distributed in commerce without
a volute and for which a paired volute is not distributed in commerce.
Whether a paired volute is distributed in commerce will be determined
based on published data, marketing literature, and other publicly
available information.
Horizontal motor means a motor, for which the motor shaft position
when functioning under operating conditions specified in manufacturer
literature, includes a horizontal position.
* * * * *
Manual speed control means a control (variable speed drive and user
interface) that adjusts the speed of the driver based on manual user
input.
* * * * *
On-demand circulator pump means a circulator pump that is
distributed in commerce with an integral control that:
(1) Initiates water circulation based on receiving a signal from
the action of a user [of a fixture or appliance] or sensing the
presence of a user of a fixture and cannot initiate water circulation
based on other inputs, such as water temperature or a pre-set schedule.
(2) Automatically terminates water circulation once hot water has
reached the pump or desired fixture.
(3) Does not allow the pump to operate when the temperature in the
pipe exceeds 104 [deg]F or for more than 5 minutes continuously.
* * * * *
Pressure control means a control (variable speed drive and
integrated logic) that automatically adjusts the speed of the driver in
response to pressure.
* * * * *
Temperature control means a control (variable speed drive and
integrated logic) that automatically adjusts the speed of the driver
continuously over the driver operating speed range in response to
temperature.
* * * * *
Wet rotor circulator pump means a single stage, rotodynamic, close-
coupled, wet rotor pump. Examples include, but are not limited to,
pumps generally referred to in industry as CP1.
0
7. Section 431.463 is amended by revising paragraph (a) and adding
paragraphs (d)(5) and (6) to read as follows:
Sec. 431.463 Materials incorporated by reference.
(a) General. Certain material is incorporated by reference into
this subpart with the approval of the Director of the Federal Register
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any
edition other than that specified in this section, the U.S. Department
of Energy (DOE) must publish a document in the Federal Register and the
material must be available to the public. All approved incorporation by
reference (IBR) material is available for inspection at DOE and at the
National Archives and Records Administration (NARA). Contact DOE at:
the U.S. Department of Energy, Office of Energy Efficiency and
Renewable Energy, Building Technologies Program, Sixth Floor, 950
L'Enfant Plaza SW, Washington, DC 20024, (202) 586-9127,
[email protected], www.energy.gov/eere/buildings/building-technologies-office. For information on the availability of this
material at NARA, email: [email protected], or go to:
www.archives.gov/federal-register/cfr/ibr-locations.html. The material
may be obtained from the sources in the following paragraphs:
* * * * *
(d) * * *
(5) HI 40.6-2021, Hydraulic Institute Standard for Methods for
Rotodynamic Pump Efficiency Testing, approved February 17, 2021; IBR
approved for appendix D to this subpart.
(6) HI 41.5-2022, Hydraulic Institute Program Guideline for
Circulator Pump Energy Rating Program, approved June 16, 2022; IBR
approved for appendix D to this subpart.
* * * * *
0
8. Section 431.464 is amended by adding paragraph (c) to read as
follows:
Sec. 431.464 Test procedure for measuring energy efficiency and other
performance factors of pumps.
* * * * *
(c) Circulator pumps--(1) Scope. This paragraph (c) provides the
test procedures for determining the circulator energy index for
circulator pumps that are also clean water pumps, including on-demand
circulator pumps and circulators-less-volute, and excluding submersible
pumps and header pumps.
(2) Testing and calculations. Determine the circulator energy index
(CEI) using the test procedure set forth in appendix D of this subpart
Y.
0
9. Add appendix D to subpart Y of part 431 to read as follows:
Appendix D to Subpart Y of Part 431--Uniform Test Method for the
Measurement of Energy Consumption of Circulator Pumps
Note 1 to appendix D to subpart Y of part 431: Beginning March
20, 2023, any representations made with respect to the energy use or
efficiency of circulator pumps subject to testing pursuant to 10 CFR
431.464(c) must be made in accordance with the results of testing
pursuant to this appendix.
0. Incorporation by Reference
DOE incorporated by reference in Sec. 431.463 the entire
standard for HI 40.6-2021 and for HI 41.5-2022. However, not all
provisions of HI 40.6-2021 and HI 41.5-2022 apply to this appendix.
If there is any conflict between any industry standard and this
appendix, follow the language of the test procedure in this
appendix, disregarding the conflicting industry standard language.
0.1 Specifically, the following provisions of HI 40.6-2021 are
not applicable:
(a) Section 40.6.4--Considerations when determining the efficiency
of certain pumps, Section 40.6.4.1--Vertically suspended pumps
(b) Section 40.6.4--Considerations when determining the efficiency
of certain pumps, Section 40.6.4.2--Submersible pumps
(c) Section 40.6.5--Test procedures, Section 40.6.5.3--Test report
(d) Section 40.6.5--Test procedures, Section 40.6.5.5--Test
conditions, Section 40.6.5.5.2--Speed of rotation during test
(e) Section 40.6.6--Analysis, Section 40.6.6.1--Translation of the
test results to the specified speed of rotation
(f) Section 40.6.6--Analysis, Section 40.6.6.1--Translation of the
test results to the specified speed of rotation, Section
40.6.6.1.1--Translation of the test results into data based on
specified speed of rotation
(g) Appendix B--Reporting of test results
(h) Appendix G--DOE compared to HI 40.6 nomenclature
0.2 Specifically, only the following provisions of HI 41.5-2022
are applicable:
(a) Section 41.5.3.4.1--Determination of CER--Full Speed
(b) Section 41.5.3.4.2--Determination of CER--Pressure Speed Control
(c) Section 41.5.3.4.3--Determination of CER--Temperature Speed
Control
(d) Section 41.5.3.4.4.1--Determination of CER--External Input
Signal Speed Control Only
(e) Section 41.5.3.4.4.2--Determination of CER--External Input
Signal Speed Control Operated With Other Control Methods
(f) Section 41.5.3.4.5--Determination of CER--Manual Speed Control
[[Page 57300]]
1. General
To determine the circulator energy index (CEI), testing shall be
performed in accordance with HI 40.6-2021, including Appendix E
``Testing Circulator Pumps,'' with the exceptions noted in section
0.1 of this appendix and the modifications and additions as noted
throughout the following provisions. For the purposes of applying
this appendix, the term ``pump power output,'' as defined in section
40.6.2, ``Terms and definitions,'' of HI 40.6-2021 shall be deemed
to be synonymous with the term ``hydraulic horsepower'' used
throughout that standard and this appendix.
2. Scope
2.1 This appendix is applicable to all circulator pumps and
describes how to calculate the circulator energy index (CEI; section
F) based on the pump energy rating for the minimally compliant
reference circulator pump (CERSTD) and the circulator
energy rating (CER) determined in accordance with one of the test
methods listed in Table I of this appendix based on a control
variety with which the circulator pump is distributed in commerce.
Table 1 to Appendix D to Subpart Y of Part 431--Applicability of Test
Methods Based on Circulator Pump Configuration and Control Method With
Which Circulator Pump is Distributed in Commerce
------------------------------------------------------------------------
Test method to
Control method with be used for
Circulator pump configuration which circulator pump testing and
is distributed calculation of
CER
------------------------------------------------------------------------
Circulator Pump + Motor....... Circulator pumps at HI 41.5-2022
full speed or Section
circulator pumps 41.5.3.4.1.
without pressure,
temperature, external
input signal, or
manual speed control.
Circulator Pump + Motor + Circulator pumps with HI 41.5-2022
Controls. pressure control Section
(including adaptive 41.5.3.4.2.
pressure control).
Circulator pumps with HI 41.5-2022
temperature control. Section
41.5.3.4.3.
Circulator pumps with HI 41.5-2022
only external input Section
signal control, and 41.5.3.4.4.1.
which cannot be
operated without an
external input signal.
Circulator pumps with HI 41.5-2022
external input signal Section
control in addition 41.5.3.4.4.2.
to other control
varieties, or which
can be operated
without an external
input signal.
Circulator pumps with HI 41.5-2022
manual speed control. Section
41.5.3.4.5.
------------------------------------------------------------------------
2.2 If a given circulator pump model is distributed in commerce
with multiple control varieties available, the manufacturer may
select a control variety (or varieties) among those available with
which to test the circulator pump, including the test method for
circulator pumps at full speed or circulator pumps without external
input signal, manual, pressure, or temperature controls).
3. Measurement Equipment
For the purposes of measuring flow rate, head, driver power
input, and pump power output, the equipment specified in HI 40.6-
2021 Appendix C must be used and must comply with the stated
accuracy requirements in HI 40.6-2021 Table 40.6.3.2.3. When more
than one instrument is used to measure a given parameter, the
combined accuracy, calculated as the root sum of squares of
individual instrument accuracies, must meet the specified accuracy
requirements.
4. Test Conditions
4.1 Pump specifications. Conduct testing in accordance with the
test conditions, stabilization requirements, and specifications of
HI 40.6-2021 section 40.6.3, ``Pump efficiency testing''; section
40.6.4, ``Considerations when determining the efficiency of a
pump,'' including section 40.6.4.4, ``Determination of pump overall
efficiency''; section 40.6.5.4 (including Appendix A), ``Test
arrangements''; and section 40.6.5.5, ``Test conditions.''
4.2 Twin head circulator pump. To test twin head circulator
pumps, one of the two impeller assemblies should be incorporated
into an adequate, single impeller volute and casing. An adequate,
single impeller volute and casing means a volute and casing for
which any physical and functional characteristics that affect energy
consumption and energy efficiency are essentially identical to their
corresponding characteristics for a single impeller in the twin head
circulator pump volute and casing.
4.3 Circulator-less-volute. To determine the CEI for a
circulator-less-volute, test each circulator-less-volute with each
volute for which the circulator-less-volute is offered for sale or
advertised to be paired for that circulator pump model according to
the testing and calculations described in the applicable test method
listed in Table 1 of this appendix, depending on the variety of
control with which the circulator pump model is distributed in
commerce. Alternatively, each circulator-less-volute may be tested
with the most consumptive volute with which is it offered for sale
or advertised to be paired for that circulator pump model.
5. Data Collection and Analysis
5.1 Stabilization. Record data at any test point only under
stabilized conditions, as defined in HI 40.6-2021 section
40.6.5.5.1.
5.2 Testing BEP at maximum speed for the circulator pump.
Determine the BEP of the circulator pump at maximum speed as
specified in Appendix E of HI 40.6-2021 including sections
40.6.5.5.1 and 40.6.6 as modified. Determine the BEP flow rate at
maximum speed as the flow rate at the operating point of maximum
overall efficiency on the circulator pump curve, as determined in
accordance with section 40.6.6.3 of HI 40.6-2021 as modified by
Appendix E, where overall efficiency is the ratio of the circulator
pump power output divided by the driver power input, as specified in
Table 40.6.2.1 of HI 40.6-2021. For the purposes of this test
procedure, all references to ``driver power input'' in this appendix
or HI 40.6-2021 shall refer to the input power to the controls, or
to the motor if no controls are present.
5.3 Rounding. All terms and quantities refer to values
determined in accordance with the procedures set forth in this
appendix for the rated circulator pump. Perform all calculations
using raw measured values without rounding. Round CER to three
significant figures. Round CEI to the hundredths decimal place.
Round rated hydraulic horsepower to the less precise of the
following two values: three significant figures; the fourth decimal
place when expressed in units of horsepower.
6. Calculation of CEI
Determine CEI using the following equation:
[GRAPHIC] [TIFF OMITTED] TR19SE22.033
Where:
CEI = the circulator energy index (dimensionless);
CER = the circulator energy rating determined in accordance with
Table 1 of this appendix (hp); and
CERSTD = the CER for a circulator pump that is minimally
compliant with DOE's energy conservation standards with the same
hydraulic horsepower as the tested pump, as determined in accordance
with the specifications at paragraph (i) of Sec. 431.465.
7. Determination of Additional Circulator Performance Parameters
7.1 To determine flow and head at BEP; pump power output
(hydraulic horsepower) and driver power input at load points used in
the calculation of CEI, including the rated hydraulic horsepower;
and any other reported performance parameters, conduct testing
according to section 1 of this appendix.
7.2 Determine the rated hydraulic horsepower as the pump power
output measured at BEP and full impeller diameter for the rated
pump.
[[Page 57301]]
7.3 Determine the true power factor at each applicable load
point specified in the applicable test method listed in Table 1 of
this appendix for each circulator pump control variety as a ratio of
driver power input to the motor (or controls, if present)
(Pi), in watts, divided by the product of the true RMS
voltage in volts and the true RMS current in amps at each load point
i, as shown in the following equation:
[GRAPHIC] [TIFF OMITTED] TR19SE22.034
Where:
PFi = true power factor at each load point i,
dimensionless;
Pi = driver power input to the motor (or controls, if
present) at each load point i, in watts;
Vi = true RMS voltage at each load point i, in volts;
Ii = true RMS current at each load point i, in amps; and
i = load point(s), defined uniquely for each circulator pump control
variety as specified in the applicable test method listed in Table 1
of this appendix.
[FR Doc. 2022-19760 Filed 9-16-22; 8:45 am]
BILLING CODE 6450-01-P
