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Energy Efficiency Program for Certain Commercial and Industrial Equipment: Test Procedures and Efficiency Standards for Commercial Packaged Boilers

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 [Federal Register: August 9, 2000 (Volume 65, Number 154)]
[Proposed Rules]
[Page 48838-48852]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09au00-31]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 431

[Docket No. EE-RM/TP-99-470]
RIN 1904-AB02


Energy Efficiency Program for Certain Commercial and Industrial
Equipment: Test Procedures and Efficiency Standards for Commercial
Packaged Boilers

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.

ACTION: Notice of proposed rulemaking and public hearing.

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SUMMARY: The Energy Policy and Conservation Act, as amended (EPCA),
establishes energy efficiency standards and test procedures for certain
commercial products, including commercial packaged boilers. In today's
proposed rule, the Department of Energy (we, DOE, or the Department)
proposes regulations to implement the standards and test procedures for
these boilers.

DATES: The Department will accept comments, data, and information
regarding the proposed rule until October 23, 2000. Please submit ten
(10) copies. In addition, we request that you provide an electronic
copy (3\1/2\" diskette) of the comments in WordPerfectTM 8.
    We will hold a public hearing (workshop) on September 20, 2000, in
Washington, DC. Please send requests to speak at the workshop so that
we receive them by 4 p.m., September 6, 2000. Send ten (10) copies of
your statements for the public workshop so that we receive them by 4
p.m., September 13, 2000. We also request a computer diskette
(WordPerfectTM 8) of each statement.

ADDRESSES: Please submit written comments, oral statements, and
requests to speak at the workshop to Brenda Edwards-Jones, U.S.
Department of Energy, Office of Energy Efficiency and Renewable Energy,
EE-41, Docket No. EE-RM/TP-99-470, 1000 Independence Avenue, SW.,
Washington, DC 20585. You may send email to: brenda.edwards-
jones@ee.doe.gov.

SUPPLEMENTARY INFORMATION: The workshop will begin at 9 a.m., on
September 20, 2000, in Room 1E-245 at the U.S. Department of Energy,
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC. You
can find more information concerning public participation in this
rulemaking proceeding in section IV, ``Public Comment,'' of this notice
of proposed rulemaking.
    You can read the transcript of the public workshop and public
comments received in the Freedom of Information Reading Room (Room No.
1E-190) at the U.S. Department of Energy, Forrestal Building, 1000
Independence Avenue, SW., Washington, DC 20585, between the hours of
9:00 a.m. and 4:00 p.m., Monday through Friday, except Federal
holidays.
    You can obtain the latest information regarding the public workshop
from the Office of Building Research and Standards world wide web site
at the following address: http://www.eren.doe.gov/buildings/
codes__standards/index.htm

FOR FURTHER INFORMATION CONTACT: Cyrus H. Nasseri, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Mail Station,
EE-41, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 586-
9138, FAX (202) 586-4617, e-mail: Cyrus.Nasseri@ee.doe.gov, or Edward
Levy, Esq, U.S. Department of Energy, Office of General Counsel, Mail
Station, GC-72, 1000 Independence Avenue, SW., Washington, DC 20585,
(202) 586-9507, e-mail: Edward.Levy@hq.doe.gov.

SUPPLEMENTARY INFORMATION:  The proposed rule incorporates, by
reference, the test procedures contained in industry standards
referenced by the American Society of Heating, Refrigerating, and Air-
Conditioning Engineers, Inc. (ASHRAE) Standard 90.1 for commercial
packaged boilers. Those industry standards are: American National
Standards Institute (ANSI) Standard Z21.13a-1993, ``Gas-Fired Low
Pressure Steam and Hot Water Boilers;'' The Hydronics Institute (HI)
Standard ``Testing and Rating Standard for Heating Boilers,'' 6th
Edition, 1989; and American Society of Mechanical Engineers (ASME) PTC
4.1-1964/RA-1991, ``Power Test Codes for Steam Generating Units.'' The
proposed rule would also incorporate by reference, ASHRAE Standard 103-
1993, ``Method of Testing for Annual Fuel Utilization Efficiency of
Residential Central Furnaces and Boilers,'' for its test procedure with
respect to condensing boilers.
    You can view copies of these standards at the Department of
Energy's Freedom of Information Reading Room at the address stated
above. You can also obtain copies of the ASHRAE, ANSI, HI, and ASME
Standards from the American Society of Heating, Refrigerating, and Air-
Conditioning Engineers, Inc., 1971 Tullie Circle, NE, Atlanta, GA
30329, Internet URL: http://www.ashrae.org/book/bookshop.htm; Global
Engineering Documents, 15 Inverness Way East, Englewood, CO 80112 or
Internet URL: http://webstore.ansi.org/ansidocstore/; the Hydronics
Institute Inc., 35 Russo Place, Berkeley Heights, NJ 07922, Internet
URL: http://www.gamanet.org/publist/hydroordr.htm; and the American
Society of Mechanical Engineers, 345 East 47th Street, New York, NY
10017, Internet URL: http://www.asmeny.org/catalog, respectively.

I. Introduction

A. Authority
B. Background
    1. General
    2. Issues Concerning Packaged Boilers
C. The Proposed Rule

[[Page 48839]]

II. Discussion

A. General
B. Commercial Packaged Boiler Definition and Scope of Coverage
    1. Definitions
    2. Method of Shipment and Assembly
    3. Application
    4. Capacity
    5. Operating Characteristics
C. Commercial Packaged Boiler Test Procedures for the Measurement of
Energy Efficiency
    1. Test Procedure and Test Conditions for Low Pressure Steam and
Hot water Boilers
    2. Testing for High Pressure Steam and High Temperature Water
Boilers
    3. Provisions for Low Water Temperature Applications
    4. Provisions for Condensing Boilers
    5. Modular Boilers and Multiple Boilers
    6. Testing and Rating a Steam and Hot Water Boiler

III. Procedural Requirements

A. Review Under the National Environmental Policy Act of 1969
B. Review Under Executive Order 12866, ``Regulatory Planning and
Review''
C. Review Under the Regulatory Flexibility Act
D. Review Under Executive Order 13132, ``Federalism''
E. Review Under Executive Order 12630, ``Governmental Actions and
Interference with Constitutionally Protected Property Rights''
F. Review Under the Paperwork Reduction Act
G. Review Under Executive Order 12988, ``Civil Justice Reform''
H. Review Under Section 32 of the Federal Energy Administration Act
of 1974
I. Review Under Unfunded Mandates Reform Act of 1995
J. Review Under the Plain Language Directives
K. Review Under the Treasury and General Government Appropriations
Act, 1999

IV. Public Comment

A. Written Comment Procedures
B. Public Workshop
    1. Procedures for submitting requests to speak
    2. Conduct of workshop
C. Issues on which Comments are Requested

I. Introduction

A. Authority

    Part B of Title III of the Energy Policy and Conservation Act
(EPCA) of 1975, Pub. L. 94-163, as amended, by the National Energy
Conservation Policy Act of 1978 (NECPA), Pub. L. 95-619, the National
Appliance Energy Conservation Act of 1987 (NAECA), Pub. L. 100-12, the
National Appliance Energy Conservation Amendments of 1988 (NAECA 1988),
Pub. L. 100-357, and the Energy Policy Act of 1992 (EPACT), Pub. L.
102-486, established the ``Energy Conservation Program for Consumer
Products other than Automobiles.'' Part 3 of Title IV of NECPA amended
EPCA to add ``Energy Efficiency of Industrial Equipment,'' which
included air conditioning equipment, boilers, and other types of
commercial products.
    EPACT also amended EPCA with respect to certain commercial
products. It provided definitions, test procedures, labeling
provisions, energy conservation standards, and authority to require
information and reports from manufacturers. See 42 U.S.C. 6311-6316.
EPCA authorizes the Secretary of Energy to prescribe test procedures
that are reasonably designed to produce results which reflect energy
efficiency, energy use and estimated operating costs, and that are not
unduly burdensome to conduct. 42 U.S.C. 6314.
    With respect to some commercial products for which EPCA prescribes
energy conservation standards, including commercial packaged boilers,
``the test procedures shall be those generally accepted industry
testing procedures or rating procedures developed or recognized by the
American Society of Heating, Refrigerating and Air Conditioning
Engineers, as referenced in ASHRAE/IES Standard 90.1 and in effect on
June 30, 1992.'' 42 U.S.C. 6314(a)(4)(A). Further, if such an industry
testing or rating procedure gets amended, DOE must revise its test
procedure to be consistent with the amendment, unless the Secretary
determines, based on clear and convincing evidence, that to do so would
not meet certain general requirements spelled out in the statute for
test procedures. 42 U.S.C. 6314(a)(4)(B).
    Before prescribing any test procedures for commercial products, the
Secretary must publish them in the Federal Register and afford
interested persons at least 45 days to present data, views and
arguments. 42 U.S.C. 6314(b). Effective 360 days after a test procedure
rule applicable to a covered commercial product, such as a commercial
packaged boiler, is prescribed, no manufacturer, distributor, retailer
or private labeler may make any representation in writing or in
broadcast advertisement respecting the energy consumption or cost of
energy consumed by such product, unless it has been tested in
accordance with the prescribed procedure and such representation fairly
discloses the results of the testing. 42 U.S.C. 6314(d).
    Finally, EPACT extends certain powers, originally granted to the
Secretary under NAECA, to require manufacturers of products covered by
this proposed rule to submit information and reports for a variety of
purposes, including insuring compliance with requirements. See 42
U.S.C. 6316(a).

B. Background

1. General
    The Department of Energy has an energy conservation program for
consumer products, and a few commercial products, conducted under Part
B of Title III of EPCA, 42 U.S.C. 6291-6309. Under EPCA, this program
essentially consists of four parts: test procedures, Federal energy
conservation standards, labeling, and certification and enforcement
procedures. The Federal Trade Commission (FTC) is responsible for
labeling, and we implement the remainder of the program as codified in
Title 10 of the Code of Federal Regulations, Part 430--Energy
Conservation Program for Consumer Products.
    Since 10 CFR Part 430 covers primarily consumer products, which
differ from commercial and industrial products, we created a new Part
431 (10 CFR Part 431) in the Code of Federal Regulations, entitled
``Energy Conservation Program for Certain Commercial and Industrial
Equipment,'' to implement DOE's program for the commercial and
industrial products covered under EPCA. These will include commercial
heating, air conditioning and water heating products. This new program
will consist of: test procedures, Federal energy conservation
standards, labeling, and certification and enforcement procedures. EPCA
directs DOE, rather than the FTC, to administer the statute's
efficiency labeling provisions for commercial products.
    On April 14 and 15, 1998, we convened a public workshop to solicit
views and information from interested parties that would aid in the
development of rules for commercial heating, air conditioning and water
heating products. We requested comments on a number of specific issues,
including issues related to test procedures for commercial products, as
well as the most cost effective and reliable regimes for sampling,
certification and enforcement. Statements during the public workshop
and written comments that were received afterwards helped refine the
issues involved in this rulemaking and provided useful information
contributing to their resolution. We convened a second public workshop
on October 18, 1998, to obtain comments on the issues as they had been
refined, and on approaches presented by the

[[Page 48840]]

National Institute of Standards and Technology (NIST) for resolving
them.
2. Issues Concerning Packaged Boilers
    During the April 1998 workshop, we sought comments on the following
issues regarding test procedures for commercial packaged boilers:
    (1) Definitions of the term ``packaged boiler'' in the ASHRAE
Standard 90.1-referenced test standards do not precisely coincide with
those in EPCA. Should we clarify the EPCA definition by rule?
    (2) In establishing the energy conservation standard levels for
commercial packaged boilers, EPCA specified a lower capacity limit of
300,000 Btu per hour below which the standard levels do not apply. EPCA
sections 342(a)(4)(C) and (D), 42 U.S.C. 6313(a)(4)(C) and (D). There
is no upper capacity limit specified in EPCA for these products.
Accordingly, the proposed DOE test procedures are designed expressly
for commercial packaged boilers whose rated capacities are 300,000 Btu
per hour or more. However, certain packaged boilers do exist whose
capacities range in tens or even hundreds of millions of Btu per hour,
and which are difficult to test under controlled laboratory conditions.
Should we explicitly specify a capacity upper limit for the covered
packaged boilers in the proposed test procedures?
    (3) In extending EPCA to cover packaged boilers, along with other
commercial HVAC and hot water heating products, EPACT articulated no
limits on the applications for which the covered packaged boilers would
be used (e.g., space heating/conditioning of commercial buildings).
Should we interpret EPCA as covering only the types of commercial
packaged boilers used in heating buildings, or should the test
procedure also apply to boilers used exclusively in other applications
(e.g., industrial process heating or power generation)?
    (4) The industry test procedures referenced in ASHRAE Standard
90.1-1989 (and specified in EPCA), that form the basis for a DOE test
procedure for packaged boilers, do not contain methods for determining
jacket losses. An exception is the test procedure ASME PTC 4.1, ``Power
Test Codes for Steam Generating Units,'' which provides a graph
correlation for jacket loss, as well as a detailed test method. Should
the DOE test procedure include a jacket loss test method which can be
used to determine, for example, the efficiency of a boiler installed
outdoors?
    (5) EPCA specifies industry test procedures referenced in ASHRAE
Standard 90.1-1989 for measuring the energy efficiency of packaged
boilers. There are four test standards for gas-fired boilers and three
for oil-fired boilers. The test conditions and procedures in those test
standards are not identical. Use of different test conditions for a
given boiler could produce different efficiency values. Is there a need
to prescribe a set of uniform test conditions selected from among those
referenced test procedures for a DOE test procedure?
    (6) Should the DOE test procedure contain separate provisions for
condensing boilers, modulating boilers, modular boilers, as well as for
hot water boilers designed for low temperature applications?
    (7) If a boiler is designed for both hot water and steam
applications, should we specify a steam test and allow a water test as
an optional procedure?
    Attendees at the April 1998 workshop provided comments on these
issues. In addition, the California Energy Commission (CEC) provided
additional written comments afterwards. These comments helped to
further clarify the issues. Section II, Discussion, will cover them in
more detail.
    After the April 1998 workshop, we worked towards addressing the
identified issues for commercial packaged boilers. A set of
recommendations resulted from that work, and NIST developed a summary
report of the recommendations. The summary report formed the basis for
discussions during the October workshop, which enabled us to elicit
further views and information from interested parties. The summary
report included draft rule language for commercial packaged boilers. We
received additional comments, and the participants raised certain
additional issues at the second workshop.
    The following additional major issues, raised at that time, are
numbered by using the same numbering scheme as the prior issues:
    (8) EPCA defines a packaged boiler as ``a boiler that is shipped
complete with heating equipment, mechanical draft equipment, and
automatic controls; usually shipped in one or more sections.'' For the
majority of sectional cast iron boilers, a distributor, and not the
boiler manufacturer, physically ships out sections of the boiler to the
purchaser. Sometimes, a burner manufacturer may ship the burners
directly to the purchaser from the factory, or alternately, an
installer can supply them at the installation site. Are such boilers
covered products under EPCA, and if so, who is responsible for ensuring
their compliance with EPCA requirements?
    (9) Are high pressure boilers covered products? Here, the term
``high pressure boilers'' applies to boilers classified by ASME Boiler
and Pressure Vessel Code, Section I, Power Boilers, which are designed
to operate at steam pressures above 15 psig, or at hot water
temperatures above 250 deg.F.
    (10) For low pressure hot water boilers, should we specify inlet
and outlet temperatures as per uniform test conditions recommended by
NIST? These include an inlet water temperature of 80 deg.F
10 deg.F and an outlet water temperature of 180 deg.F
2 deg.F, for both gas-fired and oil-fired boilers.

C. The Proposed Rule

    Today's proposed rule incorporates (1) energy efficiency test
procedures for commercial packaged boilers, (2) definitions that
clarify EPCA's coverage of this product, and (3) energy conservation
standards prescribed by EPCA. In preparing these proposals, we have
considered both oral and written comments, and have incorporated
recommendations where appropriate. Section II contains the reasons for
incorporating or not incorporating any significant recommendations.

II. Discussion

A. General

    This section discusses the issues identified for commercial
packaged boilers. Subsection (B) addresses ``Commercial Packaged Boiler
Definition and Scope of Coverage,'' and subsection (C) addresses
``Commercial Packaged Boiler Test Procedures for the Measurement of
Energy Efficiency''.

B. Commercial Packaged Boiler Definition and Scope of Coverage

1. Definitions
    EPCA defines a packaged boiler as ``a boiler that is shipped
complete with heating equipment, mechanical draft equipment, and
automatic controls; usually shipped in one or more sections.'' EPCA,
Sec. 340(a)(11)(B). ASHRAE Standard 90.1-1989, section 10, entitled
``Heating, Ventilating, and Air-Conditioning (HVAC) Equipment'' (which
appears to be the relevant source referenced by Section 343(a)(4) of
EPCA, concerning test procedures), refers to five test standards for
commercial heating boilers. Of these five, four include an explicit
definition for one or more types of a packaged boiler. The definitions
in three of the four referenced standards are essentially similar with
respect to the heating equipment and controls. The fourth standard
introduces a size limit within the definition of a packaged boiler. The

[[Page 48841]]

fifth standard, ASME PTC 4.1, does not define a packaged boiler.
    Specifically, the first referenced test standard, the Hydronics
Institute (HI) test standard ``Testing and Rating Standard for Heating
Boilers--1989'' (HI-1989), defines a packaged boiler as ``a boiler-
burner unit factory assembled and wired'', where the ``boiler-burner
unit'' is defined as ``a combination of boiler, burner, combustion
chamber design (if required) and controls, marketed as a unit''. HI-
1989 does not specifically limit the test standard to packaged boilers.
However, HI-1989 limits the test standard to low pressure heating
boilers defined in ASME Boiler and Pressure Vessel Code, Section IV,
Heating Boilers.
    The second referenced test standard, Underwriters Laboratory (UL)
test standard UL Standard 726 for ``Oil-Fired Boiler Assemblies,''
defines an oil-fired boiler assembly as ``a boiler assembly equipped
with one or more oil burners, and all the necessary safety controls,
electrical equipment as needed, and related equipment, manufactured for
assembly as a unit.''
    The third referenced test standard, UL Standard 795 for
``Commercial-Industrial Gas Heating Equipment,'' including gas-fired
boilers, defines a gas-fired device as one which ``* * * shall be
factory-built and shall include all essential components necessary for
its normal function as intended, and may be shipped as two or more
major subassemblies.'' In addition, both UL Standard 726 and UL
Standard 795 specify that `` * * * each subassembly shall be capable of
being incorporated into the final assembly without requiring
alteration, cutting, drilling, threading, welding or similar tasks by
the installer * * *'' Both UL Standard 726 and UL Standard 795 also
limit the scope of coverage to a boiler assembly.
    The fourth referenced test standard, ANSI Standard Z21.13, does not
define a packaged boiler. However, the standard limits its scope of
coverage to gas-fired low pressure steam and hot water boilers (defined
in its Part IV, Definitions, as a self-contained gas burning appliance
for supply steam or hot water) with input ratings of less than
12,500,000 Btu per hour.
    The fifth referenced test standard, ASME Power Testing Codes for
Steam Generating Units, ASME PTC 4.1, does not include a definition for
a packaged boiler.
    During the April 1998 DOE workshop, participants discussed the
defining characteristics of a packaged boiler in terms of its method of
shipment and assembly, its application (e.g., space heating/
conditioning, service water heating, industrial processing, and utility
applications), its capacity (size), and its operating characteristics
(e.g., low pressure steam and hot water heating boilers, high
temperature hot water boilers, and high pressure steam boilers). Each
of them are discussed individually below.
2. Method of Shipment and Assembly
    The Gas Appliances Manufacturers Association (GAMA) stated that a
packaged boiler is a boiler which the manufacturer designs with
specific component models which are listed in the manufacturer's
catalog. (GAMA, April 1998 transcript, at 133). The boiler may not come
out of the manufacturer's factory as a completely assembled product
ready for shipment, due to a heavy bulk or other considerations. It may
be shipped in subsections that are assembled together in the field.
However, when assembled, the boiler would conform to the manufacturer's
predefined design for its basic model.
    The Council of Industrial Boiler Owners stated that even though
there were no clear-cut criteria on what constitutes a packaged boiler,
generally a boiler will not be considered a packaged boiler if it needs
field welding, pressure parts, or fabrication of the assembly at the
site. (CIBO, April 1998 transcript, at 136).
    The October 1998 workshop participants also discussed what
constitutes a packaged boiler. Weil-McLain Co. stated that the cast
iron boiler industry subscribes to the definition of packaged boiler in
the Hydronics Institute (HI) Standard, as ``a boiler-burner unit
factory assembled and wired.'' (Weil-McLain Co., October 1998
transcript, at 209). Weil-McLain stated that this definition is
different from the EPCA definition, under which the boiler can be
shipped in separate sections not assembled in the factory. Weil-McLain
stated further that it sells cast iron boilers in three different ways:
(1) Factory assembled and wired as defined by HI, so that the boilers
can be installed at the site without any further assembly, (2) with
only the heat exchanger sections bolted together in the factory, and
with these and other boiler components (e.g., burner, controls and
jacket) shipped in separate sections for subsequent assembly at the job
site, and (3) through boiler distributors, who maintain inventories of
heat exchanger sections, controls and burners (or order them directly
from their respective manufacturers), and who either ship all the
necessary components, or have manufacturers ship some or all of the
components, to the customer for assembly as a complete boiler at the
customer's site. Weil-McLain stated that the third manner accounts for
probably 90 percent of their sales and asked whether the manufacturer
would be held accountable for the performance of boilers sold in this
way since they had no control over the distributors and how the unit
was assembled. Mestek, Inc. agreed with Weil-McLain. (Mestek, October
1998 transcript, at 214).
    Weil-McLain also stated that for every model of boiler that it
sells for field assembly, it also sells a packaged boiler of the same
design factory assembled and wired (as per HI definition). These
factory assembled boilers are tested and certified by the Hydronics
Institute. Weil-McLain stated that it will guarantee the efficiency
rating of boilers that are not factory assembled, if all the components
used in the field assembly (including cast iron heat exchanger
sections, burner, and controls) are identical (by model, by type, and
by design) to those on the factory assembled boiler. However, Weil-
McLain stated that it can not guarantee the efficiency of field-
assembled boilers with Weil-McLain cast iron sections, if these use
burners that were not specified by the company and not tested and
certified by HI.
    For purposes of this rulemaking, the definition in EPCA for
packaged boilers is the governing definition. It seems obvious that
boilers sold in the first two ways described by Weil-McLain fit within
the EPCA's definition of packaged boiler. As to the third, we
considered the statements by Weil-McLain and Mestek on sectional cast
iron boilers, and believe that these boilers also meet the statute's
definition of a packaged boiler. This conclusion is supported in part
by our belief that the wording in the definition, ``usually shipped in
one or more sections,'' is designed to include not only steel and
copper boilers, which are usually shipped as completely assembled
units, but also large sectional cast iron boilers, which can be shipped
in sections. This language would become almost meaningless if the
definition were construed as excluding boilers sold in the third
manner, since it appears that 90 percent of cast iron boilers are
shipped in this way, i.e., components are shipped by distributors or
separate manufacturers, sometimes from distinct locations. In addition,
cast iron boilers are a major portion of the commercial boilers that
provide space heating in buildings. To exclude boilers shipped in this
manner from coverage under EPCA would, therefore, exclude a major share
of commercial boilers from the statute's reach. We see no basis for
concluding that Congress intended such an

[[Page 48842]]

exclusion. In this regard, the statute does not state that the
components of a packaged boiler must be shipped from the same initial
location, or at the same time.
    Furthermore, we agree with the manufacturers' concern over the use
of burners not approved and specified by the boiler manufacturers. EPCA
defines ``manufacturer'' as ``any person who manufactures a consumer
product'' and ``manufacture'' to mean ``manufacture, produce, assemble
or import.'' (42 U.S.C. 6291(12) and (10)). Therefore, we construe EPCA
as meaning that a firm that produces a boiler in its entirety, or that
specifies and approves a boiler's components by make and model numbers,
including burners or other components produced by others, is a
manufacturer of that boiler within the meaning of the statute. If a
distributor, installer or another vendor sells a boiler with components
that are not specified and approved by another manufacturer, we
consider that vendor to be the manufacturer by virtue of having
assembled the boiler.
    We believe that the definition of packaged boilers, which may
consist of boilers shipped in major sub-assemblies for ease of
transport and designed to fit together at customers' sites, is clear
enough to distinguish them from custom-designed, field-constructed
boiler systems, which generally require alteration, cutting, drilling,
threading, welding or similar tasks by the installer. In this respect
no additional clarification is needed to establish the definition of
packaged boilers beyond the text that appears in the statute.

3. Application

    Participants at the April 1998 workshop raised questions regarding
the effect of a packaged boiler's end use on its coverage under a DOE
test procedure, since the statute does not explicitly limit its type of
application. Several attendees, including GAMA and Lennox International
asserted that EPCA requirements are based on ASHRAE Standard 90.1, and
that the standard's scope is limited to heating products for space
conditioning and service water only. (GAMA, April 1998 transcript, at
144; Lennox, April 1998 transcript, at 237).
    By its title, ``Energy Efficiency Design of New Buildings except
Low-Rise Residential Buildings'' ASHRAE Standard 90.1 indicates that it
is concerned with minimizing energy consumption in the operation and
maintenance of the building per se (that is, energy consumption with
respect to the function of the building and the comfort of the
occupants). While ASHRAE Standard 90.1-1989 contains no specific
language excluding any specific type of heating products installed in
the building, the test procedures and standards referenced by ASHRAE
Standard 90.1 do appear in the section for HVAC equipment (Section 10
of ASHRAE Standard 90.1-1989, Heating, Ventilation, and Air-
Conditioning (HVAC) Equipment). A recent major revision to ASHRAE 90.1,
entitled ASHRAE Standard 90.1-1999, revised the Title, Purpose, and
Scope (TPS) of the standard to exclude from coverage ``equipment and
portions of building systems that use energy primarily to provide for
industrial, manufacturing or commercial processes.''
    We also reviewed the statute to ascertain its intent with respect
to the end use of a packaged boiler. The review indicated the
following:
    (1) In the section that defines ``packaged boiler,'' the statute
does not explicitly specify the end use of the boiler.
    (2) In EPCA's list of ``covered equipment,'' warm-air furnaces,
which are used for space heating, and packaged boilers are entered
together as a single item. EPCA, section 340(1)(E), 42 U.S.C.
6311(1)(B).
    (3) EPCA groups packaged boilers with other covered products,
including small commercial packaged air conditioning and heating
products and storage water heaters, all of which are used exclusively
for space conditioning and service water heating. EPCA sections
340(2)(B) and 342(a), 42 U.S.C. 6311(2)(B) and 6313(a).
    (4) EPCA includes ``steam boilers'' in its list of industrial
equipment, separate from warm air furnaces and packaged boilers. EPCA
section 340(2)(B), 42 U.S.C. 6311(2)(B).
    (5) The Report that accompanied H.R. 776, the House version of
EPACT, states that the Act ``amends existing law to set minimum energy
efficiency standards for electrical air conditioning, electrical
heating and gas heating equipment, boilers and water heaters intended
for use in commercial buildings. * * * The standards * * * were
developed * * * in ASHRAE Standard 90.1.'' HR Report No. 474, 102nd
Congress, 2nd Session, Part 1, at 175 (1992).
    (6) The conservation standards prescribed in EPCA for heating and
air conditioning products coincide with those contained in ASHRAE
Standard 90.1 at the time of enactment, and the statute provides for
adoption by the Department, under prescribed conditions, of future
amendments by ASHRAE to Standard 90.1. 42 U.S.C. 6313(a)(1)-(6).
    On the basis of the above review, we believe that the intent of the
statute is to apply the term ``packaged boiler'' to commercial boilers
used in buildings for heating, space conditioning and service water
heating, and to designate the term ``steam boilers'' for other
industrial applications, such as for manufacturing processes and power
generation. Therefore, consistent with the comments from the April 1998
workshop, under DOE's proposed definition of commercial packaged boiler
EPCA efficiency requirements would apply only to boilers that, to any
significant extent, are distributed for heating, space conditioning, or
service water heating applications in buildings.\1\
---------------------------------------------------------------------------

    \1\ Boilers that provide service water are generally referred to
as ``hot water supply boilers.'' For the most part, the Department
is addressing the efficiency requirements for this product in a
separate, parallel rulemaking that concerns commercial water heating
products. The instant rulemaking covers commercial packaged boilers
that provide service water, however, in two instances. First, a
boiler that is covered by the water heating requirements, but that
is also distributed to a significant extent for heating or space
conditioning applications, would have to comply with both sets of
requirements. Second, a service water heating boiler that is not
subject, under Addendum n to ASHRAE Standard 90.1-1989, to the
efficiency requirements that apply to commercial water heaters,
would have to meet the requirements for boilers.
---------------------------------------------------------------------------

4. Capacity
    As mentioned above, participants at the April 1998 workshop
discussed the scope of the definition of packaged boiler with respect
to capacity (size). Some attendees suggested that size or rated
capacity can be a possible criterion for defining the scope of coverage
in a DOE test procedure for packaged boilers. As indicated previously,
ANSI Standard Z21.13 limits itself to low pressure steam and hot water
boilers with less than 12,500,000 Btu per hour input. A review of
commercial boilers in the 1998 certified rating directory of the
Hydronics Institute showed the largest capacity boiler to be a gas-
fired heating unit with approximately 14,000,000 Btu per hour gross
output, which would imply that packaged low pressure steam and hot
water heating boilers are produced in quantity with output capacities
of up to approximately 14 million Btu per hour. However, the California
Energy Commission (CEC) stated that the statute does not provide an
upper limit on capacity in its definition of packaged boilers, and
asserted that one cannot therefore specify an upper limit on capacity
in a DOE test procedure for them.

[[Page 48843]]

    We agree with CEC's statement that the statute does not specify an
upper limit on the capacity. We also understand that there are packaged
boilers used for heating buildings, especially of the fire tube and
water tube design, whose capacities greatly exceed the capacity values
specified in ANSI Standard Z21.13 or those in the Hydronics Institute's
certified rating directory. Therefore, we see no basis to conclude that
EPCA covers only commercial packaged boilers below a certain size, and
we include no upper limit on capacity in today's proposed definition of
the product. Consequently, the proposed test procedure would apply to
commercial packaged boilers regardless of size. Nevertheless, DOE
recognizes that the limited quantities of the types of high-capacity
boilers used for space heating, coupled with their large capacities,
may make their testing under a DOE test procedure in laboratory
conditions costly or impractical. Therefore, we solicit comments from
all stakeholders on whether there is an upper limit on capacity above
which the testing procedure proposed today would be unduly burdensome
to conduct, and thus improper to prescribe under the provisions of EPCA
(42 U.S.C. 6314 (a) (2)).
5. Operating Characteristics
    During the April 1998 workshop, attendees raised the coverage issue
for packaged high pressure boilers. CIBO and others pointed out that
when the end user applies a packaged boiler to produce hot water and
steam for heating in industrial and manufacturing processes,
considerations other than efficiency at steady state may strongly
influence the selection and operation of the boilers. (CIBO, April 1998
transcript, at 145). The American Boiler Manufacturers Association
(ABMA) and CIBO stated that the operation of packaged high pressure
steam and high temperature hot water boilers for industrial processing
is different from the low pressure steam and hot water heating boilers
typically used in space heating and service water heating applications.
(CIBO, April 1998 transcript, at 145).
    According to Chapter 10, Steam Systems, of the 1996 ASHRAE HVAC
System and Equipment Handbook, investment and operating cost
considerations, energy efficiency, and control stability all require
the pressure to be held to a minimum value that will accomplish the
required heating task. The text goes on to say that space and domestic
water heating can best be accomplished with low-pressure systems.
During the October 1998 workshop, NIST proposed in its recommendation
report that only packaged low pressure steam and hot water boilers
should be covered in the proposed test procedure. The CEC objected to
that proposal. CEC stated the opinion that the statute sets a minimum
efficiency standard for all packaged boilers, which it considers to
include high pressure boilers, and that DOE cannot limit the scope of
the test method to low pressure steam and hot water boilers. (CEC,
October 1998 transcript, at 233). The Natural Resources Canada stated
that smaller packaged high pressure boilers are used in district
heating applications, where the boilers are located in a small building
near the commercial buildings in question and therefore, the high
pressure boilers used in those applications should be covered. (NRC,
October 1998 transcript, at 241). Other attendees at the workshop
stated that high pressure utility boilers and central station boilers
are not used in commercial buildings and hence should not be covered by
the DOE test procedure. (Laclede Gas Company, October 1998 transcript,
at 246; GAMA, October 1998 transcript, at 246; PNNL, October 1998
transcript, at 248).
    No language in EPCA excludes packaged high pressure boilers from
coverage under the statute. Moreover, based on the above, we believe
there are instances where high pressure packaged boilers are used for
heating buildings. Therefore, under today's proposed rule, EPCA's
efficiency requirements would in effect apply to packaged high pressure
boilers which, to any significant extent, are distributed for use for
space conditioning in buildings.
    During the two DOE workshops, participants expressed differing
opinions on the coverage of high pressure boilers, and we realize that
there may not be clear-cut criteria for distinguishing a packaged high
pressure boiler that can be used for space conditioning. Also, as
discussed above under the issue of capacity, the limited quantities and
large sizes of packaged high pressure boilers employed in space heating
may make testing under the proposed DOE procedure unduly burdensome.
Therefore, we are soliciting comments from all stakeholders on the
options of:
    (1) Limiting application either of all EPCA efficiency
requirements, or of only the proposed DOE test procedure, to packaged
high pressure boilers that are principally designed for heating
buildings, or
    (2) Limiting coverage of packaged high pressure boilers to a
certain maximum working pressure, such as 150 psig, above which one is
unlikely to use a boiler in a commercial building due to the pressure
limitation of the terminal heating equipment.

C. Commercial Packaged Boiler Test Procedures for the Measurement of
Energy Efficiency

    Section 343(a)(4)(A) of EPCA requires the test procedures for
measuring the efficiency of commercial packaged boilers to be those
generally accepted industry testing procedures or rating procedures
that were developed or are recognized by the American Society of
Heating, Refrigerating and Air Conditioning Engineers, Inc., as
referenced in ASHRAE/IES Standard 90.1 and that were in effect on June
30, 1992. 42 U.S.C. 6314(a)(4)(A). Also, if such an industry test
procedure or rating procedure for commercial packaged boilers is
amended, the Secretary must adopt such revisions unless the Secretary
determines that to do so would not produce test results which reflect
energy efficiency, energy use, and estimated operating costs, or that
the procedures would be unduly burdensome to conduct. 42 U.S.C.
6314(a)(4)(B).
    The version of ASHRAE Standard 90.1 in effect on June 30, 1992,
references five industry test standards that apply to gas-fired boilers
or oil-fired boilers or both. These are the ANSI Standard Z21.13-1987
for gas-fired boilers; the HI Testing and Rating Standard for Heating
Boilers, sixth edition, 1989, for gas and oil-fired boilers (HI 1989);
ASME Power Test Codes (PTC) 4.1-1964 including the 1968 and 1969
Addenda (reaffirmed R1991) for Steam Generating Units for fossil fuel
boilers (ASME PTC 4.1); the Underwriters Laboratory Standard 795-1973
for gas heating equipment (UL Standard 795); and the Underwriters
Laboratory Standard UL Standard 726-1990 for oil-fired boilers (UL
Standard 726). Of the five test standards, four are applicable to gas-
fired boilers and three are applicable to oil-fired boilers.
    Specifically, ANSI Standard Z21.13 covers gas-fired boilers and
limits the size of the test boiler to 12,500,000 Btu per hour. The 1991
version of the standard sets the outlet water temperature at
180 deg.F2 deg.F without specifying an inlet test
temperature. A value of 80 deg.F 10 deg.F, however, is
specified in its Combustion Test section. A revision of the standard in
1993 (ANSI Standard Z21.13a-1993) specifies the inlet temperature of
80 deg.F10 deg.F.
    HI-1989 is applicable to both low pressure gas-fired and low
pressure oil-fired heating boilers. For hot water

[[Page 48844]]

boilers, HI specifies a test condition of 200 deg.F outlet water
temperature, and a range of temperature rises across the boiler,
ranging from 120 deg.F to 165 deg.F, that result in a test inlet water
temperature ranging from 35 deg.F to 80 deg.F.
    UL Standards 726 and 795 apply to both low pressure and high
pressure boiler assemblies fired by oil and gas, respectively. The
section on Combustion Test specifies that the boiler is to be installed
and adjusted in accordance with manufacturer's instructions, and fired
at the rated input until steady state combustion conditions of draft,
fuel input rate, and flue gas temperature have been established. A flue
loss which is based on the measured flue gas temperature and flue
CO2 concentration is used in the efficiency evaluation.
However, the standards do not provide a calculation procedure for the
flue loss. The Continuous Operation Test does set the test conditions
for steam pressure and water temperatures. However, these conditions
are meant to ensure the continuous safe operation of the boiler and are
not necessarily those intended for an energy performance test in
accordance with the manufacturer's instructions. Also, the conditions
for the Continuous Operations Test are set close to the limit setting
of the pressure and/or temperature limit control device, and not at the
settings for normal operation of the boilers.
    ASME PTC 4.1 is devised for steam generating units and high
temperature water heaters. The standard is basically designed for an
acceptance testing after installation. It does not specify the
operational conditions for the efficiency test. The operational
conditions are to be determined by agreement between interested
parties. The standard recommends that in determining the efficiency of
gaseous or liquid fuel-fired steam generating units, the test runs
should preferably be not less than of four hours duration. The standard
provides a procedure for an abbreviated efficiency test (Simplified
Efficiency Test) based on the heat loss method, where only the major
losses (flue losses and radiation or jacket loss) and the chemical heat
in the fuel, are considered. Most manufacturers of packaged steel
boilers use the Simplified Efficiency Test, and not the detailed
procedure appearing in the standard.
1. Test Procedure and Test Conditions for Low Pressure Steam and Hot
Water Boilers
    All ASHRAE Standard 90.1 referenced test standards from the above
list are applicable to low pressure steam and hot water boilers.
However, we understand that at present, most gas-fired boilers are
rated for energy efficiency according to the ANSI Standard Z21.13, and
most oil-fired boilers according to the HI-1989 standard. The two UL
standards are mostly used for safety certification purposes. The ASME
PTC 4.1 is used mostly for steel fire tube and water tube type boilers
with low to very high pressure ratings.
    During the April 1998 workshop, it was suggested that, for
comparison purposes, a single uniform test procedure for both gas-fired
and oil-fired boilers would be preferable within the DOE test
procedure. As stated, HI-1989 covers both gas and oil-fired boilers.
However, in its Scope section, HI-1989 states that for gas-fired
boilers, test reports from the American Gas Association (AGA) and
Canadian Gas Association (CGA) Laboratories which comply with ANSI
Standard Z21.13a-1993 are acceptable in lieu of the procedures spelled
out in HI-1989. A comparison of HI-1989 and ANSI Standard Z21.13a-1993
shows that the test setups, instrumentation, and other features of the
two test standards for gas-fired boilers are very similar. The only
differences are the water inlet and outlet conditions for hot water
boilers, which are discussed later, and the insulation requirement of
the test flue stack. The difference in the insulation requirement in
the test setup is that the HI-1989 standard requires insulation of the
test stack up to the location of flue gas temperature measurement,
while ANSI Standard Z21.13 does not require any insulation. This would
result in a higher combustion efficiency (and a lower calculated flue
loss based on flue gas temperature) by using the ANSI Standard Z21.13
procedure compared with the HI-1989 procedure, if all other test
conditions were the same.
    Also at the October 1998 workshop, the CEC recommended that the HI-
1989 test standard be adopted by us as the test standard for both gas-
fired and oil-fired boilers. (CEC, April 1998 transcript, at 178).
    The American Boilers Manufacturers Association (ABMA) and Council
of Industrial Boiler Owners (CIBO) state that EPACT requires the test
procedures to be those generally accepted industry testing or rating
procedures. (ABMA, April 1998 transcript, at 187; CIBO, April 1998
transcript, at 194). ABMA states that in the boiler industry (those
represented by ABMA) the HI standard was not generally accepted as the
industry standard, and that the ASME PTC 4.1 is used more frequently
than the HI standard. CIBO stated that members, who are involved in
using packaged boilers for industrial type processing, follow ASME, and
are not familiar with the HI standard. (CIBO, April 1998 transcript, at
196). Also, during the October 1998 workshop, BR Laboratories Inc.
stated that there is no difference in the test method for combustion
efficiency between packaged low pressure boilers and high pressure
boilers, and it believes that one can use the HI test procedure
specified for low pressure boilers to also test the combustion
efficiency of high pressure boilers. (BR Laboratories, October 1998
transcript, at 242).
    As mentioned above, ANSI Standard Z21.13 and HI-1989 differ in
their test conditions for both inlet and outlet water temperatures. At
the April 1998 workshop, participants pointed out that the
specification of water inlet temperature in ANSI Standard Z21.13a-1993
is more precise (80 deg.F 10 deg.F) than the corresponding
specification in HI-1989 (a range between 35 deg.F to 80 deg.F), and
that efficiency values resulting from testing identical units under HI-
1989 could vary depending on the test inlet temperature. We understand
that the reason for this latitude in the HI-1989 specification is that
the boilers are tested at the manufacturers' locations, and not at the
Hydronics Institute. Depending on the season and geographical location
of the manufacturer, the inlet water temperature from the water main
(or other source) can vary widely. During the workshop, York
International cautioned that a more stringent test condition could
require controlling the temperature of a large quantity of inlet water
in a way that may be difficult to achieve. (York, April 1998
transcript, at 194).
    At the October 1998 workshop, NIST proposed adopting the HI-1989
standard for both gas and oil-fired low pressure steam and hot water
boilers, with a revised inlet water temperature of 80 deg.F
10 deg.F and an outlet temperature of 180 deg.F
2 deg.F, to conform to the requirement of ANSI Standard
Z21.13a-1993. This test, with a controlled inlet water temperature, may
require temperature pre-conditioning of large volumes of inlet water in
some regions of the country. However, since this procedure is specified
in ANSI Standard Z21.13a-1993, and has been an established practice
since 1993, we believe it will not be a major problem for a boiler of
less than 12,500,000 Btu per hour rated input.
    The proposed temperature of 180 deg.F2 deg.F for the
required outlet temperature for hot water boilers, as opposed to the
200 deg.F 5 deg.F in the HI

[[Page 48845]]

standard, might produce a slight increase in the combustion efficiency
value of oil-fired boilers currently tested by the HI standard (which
is due to a lower flue gas temperature and flue loss). However, we
believe that this increase would be small. BR Laboratories Inc. stated
that the use of the HI standard's wide range for the permissible inlet
water temperature would lessen the burden on manufacturers, and the
inlet temperature specification has no impact on the efficiency. (BR
Laboratories, October 1998 transcript, at 254-55). Weil-McLain agreed
that the outlet water temperature has more of an impact on the
combustion efficiency. A lower (180 deg.F) temperature would give those
oil and power gas boilers currently tested to the HI standard a better
efficiency value. (Weil-McLain, October 1998 transcript, at 257).
However, for gas-fired boilers currently tested to the ANSI Standard
Z21.13 standard, changing the outlet temperature from 180 deg.F (under
current specification) to 200 deg.F (if the HI standard is used
instead, as suggested) might cause their efficiency to degrade.
Therefore, Weil-McLain recommended keeping the two standards, HI-1989
and ANSI Standard Z21.13, with the HI standard for use with the power
gas and oil-fired boilers, and the ANSI Standard Z21.13 for use with
the gas-fired boilers. However, if a single test standard is needed,
Weil-McLain would prefer the 180 deg.F outlet water temperature, since
it reflects the current practice for testing gas-fired boilers, and is
also the temperature tested under the Hydronics Institute auditing
program.
    We also considered the other three test standards referenced by
ASHRAE Standard 90.1-1989. Of these three test standards, the ASME PTC
4.1 standard, with the exception of its Simplified Efficiency Test
procedure, is intended for (large) steam generating heating and power
boilers. It requires a detailed account of the energy expenditures of
all components in the boiler system, and appears to be burdensome for
smaller capacity boilers. The HI standard appears to be a satisfactory
substitute for the ASME PTC 4.1 for low pressure steam boilers, since
the test and calculation procedure in the HI standard is close to the
Simplified Efficiency Test (Abbreviated Efficiency Test) of ASME PTC
4.1. The two UL standards are mainly used for the safety certification
of boilers. The test procedures for energy performance in the UL
standards for low pressure boilers are similar to the HI-1989 standard.
However, the UL standards do not provide a procedure for calculating
flue loss. We thus believe that the HI-1989 standard is better equipped
than the two UL standards for testing the energy efficiency of low
pressure steam and hot water boilers.
    Even though there might be some differences in the test conditions
between HI-1989 and ANSI Standard Z21.13, the attendees at the two
workshops suggested that basically the HI test standard can be used to
cover gas-fired and oil-fired low pressure heating boilers. We
considered three options. The first is to adopt ANSI Standard Z21.13a
for all gas-fired boilers and HI-1989 for all oil-fired boilers. This
would make the currently listed efficiency values (in Hydronics
Institute Certification Directory, for example) of boiler models that
are already on the market to stay unchanged. However, because of the
differences in test conditions between the two test standards, the gas-
and oil-fired boilers will not compare accurately. The second option is
to adopt the HI-1989 test standard for both gas-and oil-fired heating
boilers. This option may create the problem that for a gas-fired hot
water boiler, the resulting efficiency based on a 200 deg.F outlet
water temperature is likely to be less than its current value based on
a 180 deg.F temperature. This may create a problem for those boilers
that just meet the minimum efficiency standard specified in EPCA. The
third option is to adopt the HI-1989 test standard for both gas-and
oil-fired heating boilers, with a modification that the outlet
temperature for hot water boilers be specified at 180 deg.F instead of
at 200 deg.F. As discussed before, this option will cause an oil-fired
hot water boiler to attain a test efficiency that could be slightly
higher than its current value. However, we believe that no re-testing
is necessary since the boiler's current efficiency value would be a
conservative one. The other two factors that may cause the efficiency
value of a gas-fired boiler to change under HI-1989 are the larger
inlet temperature range permitted (35 deg.F to 80 deg.F) and the flue
pipe insulation requirement (up to the point of flue temperature
measurement location--12-inches maximum from the flue collar). However,
we believe that the effect of these differences is small, since
combustion efficiency is mainly a function of the outlet water or steam
temperature (as discussed above), and the portion of the heat loss
through the flue pipe that would affect the flue temperature
measurement (and flue loss) due to the insulation is restricted to the
first 12 inches of the flue pipe.
    Based on the above, we are proposing to adopt the HI-1989 standard
as the DOE test procedure for gas and oil-fired, low pressure steam and
hot water commercial packaged boilers, with the provisions that: (1)
the outlet water temperature for hot water boilers be set at 180 deg.F
2 deg.F, and (2) for gas-fired boilers, to calculate the
flue loss a manufacturer may use the procedure specified in Exhibit D
of ANSI Z21.13-1993 instead of the procedure in section 11.2 of HI-
1989.
    Based on the comments from CIBO that some manufacturers use mainly
the ASME PTC 4.1 test standard and may not be familiar with the HI-1989
test standard, we are proposing to allow manufacturers the alternative
of using the Simplified Efficiency Test of ASME PTC 4.1, with the
provisions that: (1) The inlet water temperature will range from
35 deg.F to 80 deg.F, (2) for hot water boilers, the outlet water
temperature will be 180 deg.F 2 deg.F, (3) for steam
boilers, steam pressure will range from atmospheric (0 psig) to 2 psig;
and (4) in the heat loss method of ASME PTC 4.1 for the determination
of efficiency, the radiation loss term will be set to zero to obtain
the combustion efficiency (of 100 percent minus percent flue loss).
    We believe the calculation procedures by the heat loss method
according to HI-1989 and the Simplified Efficiency Test of ASME PTC 4.1
are nearly identical, and that comparisons between the test results
from the two standards would be valid when the Simplified Efficiency
test is used with the above four provisions. We welcome comments from
all stakeholders on today's proposed test procedures as described in
this paragraph, and on whether we should adopt instead, one of the
other considered options.
2. Testing for High Pressure Steam and High Temperature Water Boilers
    ASHRAE Standard 90.1-1999, modified the definition of a boiler
(section 3.2 of ASHRAE Standard 90.1-1999, definitions) so that a
boiler is defined as a ``self-contained, low pressure appliance for
supplying steam or hot water.'' This definition is followed by a
definition for packaged boilers, which is defined as a specific class
of boilers. ASHRAE Standard 90.1-1989 did not include the term ``low
pressure'' in the boiler definition, and did not include a definition
for packaged boilers. For test procedures that are applicable to
packaged high pressure steam and high temperature hot water boilers,
ASHRAE Standard 90.1-1989 references three test procedures. They are
ASME PTC 4.1 for steam boilers, UL Standard-795 for gas-fired heating
equipment including boilers, and UL Standard-726 for oil-

[[Page 48846]]

fired boilers. Of these three test procedures, ASME PTC 4.1 provides
detailed procedures for energy efficiency tests. However, ASME PTC 4.1
does not specifically provide the test conditions with respect to steam
pressure or water temperature. The intent of ASME PTC 4.1 is to guide
the acceptance testing of large steam generating units, where the
operational conditions are part of the agreements negotiated between
the interested parties (Sections 3.01and 3.04 of ASME PTC 4.1).
    As described above in section II C, ASME PTC 4.1 also provides for
an abbreviated (simplified, or short form) efficiency test for small
heating and industrial steam generators. The two UL standards specify
test conditions (installed and adjusted in accordance with the
manufacturer's instructions and fired at the rated input) for
determining steady state energy performance in their combustion test
sections (see Section 36 of UL Standard 726 or Section 51.1 of UL
Standard 495). However, the two standards do not provide procedures for
the flue loss calculation.
    During the October 1998 workshop, BR Laboratories Inc. suggested
that one can use the HI-1989 standard to test high pressure boilers,
since the measurement requirements for combustion efficiency test are
the same for both low and high pressure boilers. (BR Laboratories,
October 1998 transcript, at 242). However, during the April 1998
workshop, both ABMA and CIBO stated that their members use the ASME PTC
4.1 test procedure, and are not familiar with the HI-1989 standard (see
discussion under section II.C.1 for low pressure boilers above).
Informal conversations with some steel boiler manufacturers indicated
that industry manufacturers of steel fire tube and water tube boilers
of all pressure ranges (from 15 psig steam pressure and up) use the
short form test (the Simplified Efficiency Test) of ASME PTC 4.1 and
not the HI-1989 standard.
    Based on a consideration of the above, we are proposing today to
adopt the abbreviated efficiency test (the Simplified or short form
Efficiency Test) as specified in section 1.07 of ASME PTC 4.1 as the
DOE test procedure for packaged high pressure steam and high
temperature hot water boilers covered by EPCA. Also, since the ASME PTC
4.1 does not specify the test condition for the efficiency test, and
the test conditions with respect to steam pressure and water
temperature vary with the design of the boiler, we are proposing that
the conditions specified in the two UL standards be specified as test
conditions, i.e., the boiler must be installed and adjusted in
accordance with the manufacturer's instructions and fired at its rated
input. We further propose that the water temperature and steam pressure
be prescribed to reflect the normal conditions for which the
manufacturer designed the boiler. As stated previously, even though the
calculation procedure for the heat input term (from chemical heat in
the fuel only, ignoring any other heat credit) and the major heat loss
terms in ASME PTC 4.1 are similar to those specified in the HI-1989,
the steel boiler industry's familiarity with the test procedure would
make the ASME PTC 4.1 test procedure less burdensome to these
manufacturers.
    We welcome comments on the proposal to adopt the Simplified
Efficiency Test of ASME PTC 4.1 for packaged high pressure boilers. In
particular, we solicit suggestions on a uniform procedure for
determining the normal steam pressures and water temperatures for which
boilers are designed, perhaps based on (or with reference to) the
maximum pressure ratings, and for specifying the corresponding
conditions in the efficiency test procedures.
3. Provisions for Low Temperature Applications
    ASHRAE Standard 90.1 and the test standards referenced by it do not
specifically provide test conditions for hot water boilers designed for
low temperature applications (having a supply water temperature of
140 deg.F or a return water temperature of 120 deg.F, or less).
Attendees at the April 1998 workshop questioned whether a significant
number of these boilers were sold on the market, and commented it was
unnecessary for DOE to develop another set of test conditions that
deviate from those specified in ASHRAE Standard 90.1. We agree with
these comments and will not propose a different set of test inlet and
outlet water temperatures for applications requiring low supply and
return temperature settings.
4. Provision for Condensing Boilers
    ASHRAE Standard 90.1 and its referenced test standards do not
specifically provide test conditions for a condensing boiler, which is
a hot water boiler designed to condense part of the water vapor in the
flue gases and which is equipped to collect and drain such condensate.
Attendees at the April 1998 workshop commented that, because of the
absence of commercial condensing boilers from the market, it was not
necessary for DOE to develop a test procedure different from that
specified in the ASHRAE Standard 90.1.
    We disagree with the comments from the workshop attendees on this
issue. We are unable to conclude that commercial size condensing boiler
models are unavailable in the market. Also, since condensing boilers
are significantly more energy efficient than non-condensing boilers, we
believe that even if there were presently no such boilers on the
market, a test procedure should be in place so that any manufacturer of
condensing boilers would have a readily available accurate method for
testing them to establish their efficiencies for compliance with EPCA.
In addition, a test procedure is needed for evaluating design options
underlying any future minimum efficiency standards. Even though the
ASHRAE Standard 90.1-referenced standards do not specify an appropriate
test procedure, ASHRAE Standard 103-1993 has been in use over the last
decade and provides a method for measuring the increased energy
efficiency of residential condensing boilers under steady state test
conditions. We believe that the method of collecting and measuring the
quantity and the temperature of the flue condensate under steady state
conditions at the maximum rated input over a 30 minute test period can
also be applicable to a commercial condensing boiler. Therefore, we are
proposing to adopt the procedure specified in sections 7.2.2.4, 7.8,
9.2 and 11.3.7 of ASHRAE Standard 103-1993 as the test procedure for
determining the incremental increase in energy efficiency due to the
condensing feature of a such a boiler.
    In proposing the adoption of that test procedure, a slight
modification is applied to the equation in Section 11.3.7.2 of ASHRAE
103-1993 for steady state heat loss due to hot condensate flowing down
the drain. In the aforementioned section, the assumed indoor
temperature is specified as 70 deg.F, and the average outside
temperature as 42 deg.F. The modification replaces both of these
temperatures with the actual temperature of the test area. In addition,
even though the boiler inlet water temperature may not be a major
factor affecting the combustion efficiency of a non-condensing boiler,
previous experience with residential condensing boilers indicates that
the inlet water temperature has a significant effect on the amount of
flue condensate produced, so a more precise specification is needed for
the inlet temperature. Therefore, we are proposing that for testing a
condensing boiler, the boiler inlet water temperature

[[Page 48847]]

be restricted to 80 deg.F5 deg.F instead of the range of
35 deg.F to 80 deg.F specified for non-condensing boilers.
5. Modular Boilers and Multiple Boilers
    Participants at the DOE April 1998 workshop raised the issue of how
to rate a modular boiler assembly (consisting of a group of identical,
smaller boilers or modules, usually of less than 400,000 Btu/h input
each, installed as a unit) or a multiple boiler system (consisting of a
group of individual boilers, not necessarily of identical design,
installed as a system). Since a modular boiler assembly consists of
identical individual boilers or modules, it was suggested that for
those types of packaged boilers, only a single boiler from the assembly
needs to be tested and rated, and that the efficiency rating of the
boiler assembly can be derived from the efficiency of the module. For a
multiple boiler system, participants suggested that testing and rating
the individual boilers in the system should be sufficient, and that the
rating of the system as a whole can be derived from the individual
ratings. There was no disagreement on either of these suggestions from
the workshop attendees, and at the October 1998 workshop, NIST
recommended these suggestions for adoption.
    The Department is proposing today that the efficiency rating for a
packaged modular boiler system with the individual modules or boilers
of identical design and construction may be based on the rating for
only one boiler module in the assembly. For a multiple boiler system
where the individual boilers are of different designs, each boiler of a
different design will be considered a separate packaged boiler and must
meet the minimum efficiency standard by using the test procedure
prescribed for this product.
6. Testing and Rating a Steam and Hot Water Boiler
    The test procedures DOE proposes today provide methods for testing
both hot water and steam boilers. A packaged boiler designed to produce
only hot water or only steam would obviously be tested and rated for
efficiency under today's proposed rules only in the applicable mode. As
to boilers capable of supplying either hot water or steam, DOE
understands that manufacturers customarily test and rate them in the
steam mode, and only sometimes in the hot water mode. Moreover,
participants at the April 1998 workshop indicated that industry
practice is commonly to use the efficiency rating derived from the
steam boiler test as the efficiency rating when the boiler is sold as a
hot water boiler. (April 14 workshop at page 226) Since the steam test
will generally provide an efficiency rating lower than the rating
obtained by a hot water test, NIST recommended that we should also
accept this practice. (October 13 Workshop at page 199)
    In view of the above, DOE proposes to require that a boiler that
can be used for both steam and hot water applications must be tested as
a steam boiler, as required by HI-1989 (see Sections 8.1.4.1 and
8.1.4.2 of HI-1989), and that such efficiency rating must be reported
to DOE and used to determine whether the boiler complies with the
applicable efficiency standard. We also propose to allow the
manufacturer the option of either using such efficiency rating for both
the steam and water operations of the boiler, or, if the manufacturer
prefers to report a different rating for water operation, using a
rating obtained by also testing the boiler in accordance with the test
procedure for a hot water boiler, as allowed in HI-1989. Section
431.362(d)(1)(ii) of the proposed rule implements the testing aspect of
these proposals. Although the proposed rule does not include language
implementing the rating and reporting proposals, DOE intends to include
it in the final rule.

III. Procedural Requirements

A. Review Under the National Environmental Policy Act of 1969

    EPCA prescribes energy efficiency standards and test procedures for
commercial products, and in today's rule, we propose to implement these
requirements for commercial packaged boilers. We have reviewed the
proposed rule under the National Environmental Policy Act of 1969
(NEPA), 42 U.S.C. 4321 et seq., the regulations of the Council on
Environmental Quality, 40 CFR Parts 1500-1508, the Department's
regulations for compliance with NEPA, 10 CFR Part 1021, and the
Secretarial Policy on the National Environmental Policy Act (June
1994). Implementation of the proposed rule would not result in
environmental impacts. We have therefore determined that the proposed
rule is covered under the Categorical Exclusion found at paragraph A6
of appendix A to subpart D of the Department's NEPA Regulations, which
applies to rulemakings that are strictly procedural. Accordingly,
neither an environmental assessment nor an environmental impact
statement is required.

B. Review Under Executive Order 12866, ``Regulatory Planning and
Review'

    Today's proposed rule has been determined not to be a ``significant
regulatory action,'' as defined in section 3(f) of Executive Order
12866, ``Regulatory Planning and Review.'' 58 FR 51735 (October 4,
1993). Accordingly, this action was not subject to review under the
Executive Order by the Office of Information and Regulatory Affairs.

C. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 603, requires the
preparation of an initial regulatory flexibility analysis for every
rule which the agency must propose for public comment, by law, unless
the agency certifies that the rule, if promulgated, will not have a
significant economic impact on a substantial number of small entities.
A regulatory flexibility analysis examines the impact of the rule on
small entities and considers alternative ways of reducing negative
impacts.
    The Small Business Administration considers an entity to be a small
business if, together with its affiliates, it employs fewer than a
threshold number of workers specified in 13 CFR Part 121. The threshold
number for SIC classification 3433, which includes commercial packaged
boilers, and other non-electric heating equipment, is 500. We estimate
that no more than 29 firms manufacture commercial packaged boilers, and
of these, the majority are considered small businesses. The number of
small businesses that manufacture commercial-sized packaged boilers
covered by the EPACT standards (with capacities of 300,000 Btu per hour
and above) could be smaller.
    EPCA establishes efficiency standards for commercial packaged
boilers and requires the Department to prescribe test procedures that
are accepted by industry and referenced in ASHRAE Standard 90.1. For
the most part, EPCA specifies the standards and test procedures
incorporated in today's proposed rule. Therefore, any costs of
complying with them are imposed by EPCA and not the rule. Moreover,
today's proposed rule codifies testing procedures that are already
generally employed by manufacturers, both large and small.
    The cost of meeting the requirements of today's proposed rule will
depend on the number of basic models a manufacturer produces and the
number of these models that do not comply with the efficiency standards
imposed by

[[Page 48848]]

EPCA and would consequently need to be redesigned or removed from the
market. Since the efficiency standards have been in force by statute
since 1994, we expect that a negligible number of products presently
manufactured would need to be redesigned or discontinued. The cost of
performing the proposed test procedures depends on unit size, but could
amount to several thousands of dollars per basic model. To the extent
that manufacturers must already test their products for efficiency to
assure that they meet the existing statutory efficiency standards, or
for any other reason, they will not incur new costs in complying with
today's proposed rule. We believe that any significant economic impact
will fall only on those firms which do not now routinely test their
products. We further believe that testing is a widely accepted
practice, and that companies that do not test are rare and do not
represent a substantial number of small entities.
    We have, at most, very limited discretion to apply different
requirements to small manufacturers. EPCA mandates uniform standards
and test procedures for commercial products. In this regard, it is
noteworthy that although EPCA contains a ``small manufacturer
exemption'' for consumer products (42 U.S.C. 6295 (t)), it includes no
such exemption for commercial and industrial products.
    Based on the above, we conclude that the proposed rule would not
impose a significant impact on a substantial number of small
businesses.

D. Review Under Executive Order 13132, ``Federalism''

    Executive Order 13132 (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. Agencies are required to examine the constitutional and
statutory authority supporting any action that would limit the
policymaking discretion of the States and carefully assess the
necessity for such actions. The proposed rule published today would not
regulate the States. The proposed rule would primarily codify energy
efficiency standards and test procedures already established in EPCA
for commercial packaged boilers. We have determined that today's rule
does not have a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. No further action is required by Executive Order 13132.

E. Review Under Executive Order 12630, ``Governmental Actions and
Interference With Constitutionally Protected Property Rights'

    We have determined under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights,'' 52 FR 8859 (March 18, 1988), that this proposed rule would
not result in any takings which might require compensation under the
Fifth Amendment to the United States Constitution.

F. Review Under the Paperwork Reduction Act

    Today's proposed rule will primarily codify energy efficiency
standards and test procedures already established in EPCA for
commercial packaged boilers and will not require any additional reports
or record-keeping. Accordingly, this action was not subject to review
under the Paperwork Reduction Act.

G. Review Under Executive Order 12988, ``Civil Justice Reform''

    With respect to the review of existing regulations and the
promulgation of new regulations, Section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on
executive agencies the general duty to adhere to the following
requirements: (1) Eliminate drafting errors and ambiguity; (2) write
regulations to minimize litigation; and (3) provide a clear legal
standard for affected conduct rather than a general standard and
promote simplification and burden reduction. With regard to the review
required by Section 3(a), Section 3(b) of the Executive Order
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) provide 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 the Executive Order requires agencies to
review regulations in light of applicable standards Section 3(a) and
Section 3(b) to determine whether they are met or it is unreasonable to
meet one or more of them.
    We reviewed today's proposed rule under the standards of Section 3
of the Executive Order and determined that, to the extent permitted by
law, it meets the requirements of those standards.

H. 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), the Department of Energy 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.
Section 32 provides in essence that, where a proposed rule contains or
involves use of commercial standards, the notice of proposed rulemaking
must inform the public of the use and background of such standards.
    The rule proposed in this notice incorporates certain commercial
standards which EPCA requires to be used. These include testing
standards referenced by ASHRAE Standard 90.1-1989 for the measurement
of steady state combustion efficiency of commercial packaged boilers.
Because we have very limited discretion to depart from the standards
referenced in ASHRAE/IES 90.1, Section 32 of the FEAA does not apply to
them.
    The only standard incorporated in this proposed rule that is not
referenced by ASHRAE Standard 90.1-1989 is ASHRAE Standard 103-1993, ``
Method of Testing for Annual Fuel Utilization Efficiency of Residential
Central Furnaces and Boilers.'' We propose to adopt this standard to
obtain a suitable optional test procedure for condensing boilers, which
are not covered by the test procedures in ASHRAE Standard 90.1-1989. We
have evaluated this standard and are unable to conclude whether it
fully complies with the requirements of section 32(b) of the Federal
Energy Administration Act, i.e., that it was developed in a manner that
fully provides for public participation, comment and review.
    As required by section 32(c) of the Federal Energy Administration
Act, we will consult with the Attorney General and the Chairman of the
Federal Trade Commission concerning the impact of this standard on
competition, prior to prescribing a final rule.

I. Review Under Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded
Mandates Act'') requires that we prepare a budgetary impact statement
before promulgating a rule that includes a Federal mandate that may
result in expenditure by state, local, and tribal governments, in the

[[Page 48849]]

aggregate, or by the private sector, of $100 million or more in any one
year. The budgetary impact statement must include: (i) Identification
of the Federal law under which the rule is promulgated; (ii) a
qualitative and quantitative assessment of anticipated costs and
benefits of the Federal mandate and an analysis of the extent to which
such costs to state, local, and tribal governments may be paid with
Federal financial assistance; (iii) if feasible, estimates of the
future compliance costs and of any disproportionate budgetary effects
the mandate has on particular regions, communities, non-Federal units
of government, or sectors of the economy; (iv) if feasible, estimates
of the effect on the national economy; and (v) a description of the
Department's prior consultation with elected representatives of state,
local, and tribal governments and a summary and evaluation of the
comments and concerns presented.
    We have determined that the action proposed today does not include
a Federal mandate that may result in estimated costs of $100 million or
more to state, local or to tribal governments in the aggregate or to
the private sector. Therefore, the requirements of Sections 203 and 204
of the Unfunded Mandates Act do not apply to this action.

J. Review Under the Plain Language Directives

    The President's Memorandum on ``Plain Language in Government
Writing,'' 63 FR 31885 (June 10, 1998) directs each Federal agency to
write all published rulemaking documents in plain language. The
Memorandum includes general guidance on what constitutes ``plain
language.'' Plain language requirements will vary from one document to
another, depending on the intended audience, but all plain language
documents should be logically organized and clearly written.
    We have tried to make this proposed rule easy to understand. We are
also requesting suggestions on how to improve its readability further.

K. Review Under the Treasury and General Government Appropriations Act,
1999

    Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. No. 105-277) requires Federal agencies to issue a
Family Policymaking Assessment for any proposed rule or policy that may
affect family well-being. Today's proposal would not have any impact on
the autonomy or the integrity of the family as an institution.
Accordingly, DOE has concluded that it is not necessary to prepare a
Family Policymaking Assessment.

IV. Public Comment

A. Written Comment Procedures

    We invite interested persons to participate in the proposed
rulemaking by submitting data, comments, or information with respect to
the issues set forth in today's proposed rule to Ms. Brenda Edwards-
Jones, at the address indicated at the beginning of the notice. We will
consider all submittals received by the date specified at the beginning
of this notice in developing the final rule.
    According to 10 CFR 1004.11, any person submitting information
which he or she believes to be confidential and exempt by law from
public disclosure should submit one complete copy of the document and
ten (10) copies, if possible, from which the information believed to be
confidential has been deleted. The Department of Energy will make its
own determination with regard to the confidential status of the
information and treat it according to its determination.
    Factors of interest to us when evaluating requests to treat as
confidential information that has been submitted include:
    (1) A description of the items;
    (2) An indication as to whether and why such items are customarily
treated as confidential within the industry;
    (3) Whether the information is generally known by or available from
other sources;
    (4) Whether the information has previously been made available to
others without obligation concerning its confidentiality;
    (5) An explanation of the competitive injury to the submitting
person which would result from public disclosure;
    (6) An indication as to when such information might lose its
confidential character due to the passage of time; and
    (7) Why disclosure of the information would be contrary to the
public interest.

B. Public Workshop

1. Procedures for Submitting Requests To Speak
    You will find the time and place of the public workshop listed at
the beginning of this notice of proposed rulemaking. We invite any
person who has an interest in today's notice of proposed rulemaking, or
who is a representative of a group or class of persons that has an
interest in these proposed rules, to make a request for an opportunity
to make an oral presentation. If you would like to attend the public
workshop, please notify Ms. Brenda Edwards-Jones at (202) 586-2945. You
may hand deliver requests to speak to the address indicated at the
beginning of this notice between the hours of 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays, or send them by mail.
    The person making the request should state why he or she, either
individually or as a representative of a group or class of persons, is
an appropriate spokesperson, briefly describe the nature of the
interest in the rulemaking, and provide a telephone number for contact.
We request each person selected to be heard to submit an advance copy
of his or her statement at least two weeks prior to the date of this
workshop as indicated at the beginning of this notice. We, at our
discretion, may permit any person wishing to speak who cannot meet this
requirement to participate if that person has made alternative
arrangements with the Office of Building Research and Standards in
advance. The letter making a request to give an oral presentation must
ask for such alternative arrangements.
2. Conduct of Workshop
    The Department will designate a Department official to preside at
the workshop and we may also use a professional facilitator to
facilitate discussion. The workshop will not be a judicial or
evidentiary-type hearing, but the Department will conduct it in
accordance with 5 U.S.C. 553 and Section 336 of the Act and a court
reporter will be present to record the transcript of the workshop. We
reserve the right to schedule the presentations by workshop
participants, and to establish the procedures governing the conduct of
the workshop.
    The Department will permit each participant to make a prepared
general statement, limited to five (5) minutes, prior to the discussion
of specific topics. The general statement should not address these
specific topics, but may cover any other issues pertinent to this
rulemaking. The Department will permit other participants to briefly
comment on any general statements. We will divide the remainder of the
hearing into segments, with each segment consisting of one or more of
the following specific topics covered by this notice:
Packaged Boiler Definition and Scope of Coverage
     Method of Shipment and Assembly.
     Boiler Application.
     Boiler Capacity.
     Boiler Operation.

[[Page 48850]]

Test Procedures and Energy Efficiency Standards for Commercial Packaged
Boilers
     Test Procedure and Test Conditions for Low Pressure
Boilers.
     Test Procedure and Test Conditions for High Pressure
Boilers.
     Boilers Designed for Low Water Temperature Applications.
     Condensing Boilers.
     Modular Boilers and Multiple Boilers.
     Testing and Rating a Steam and Hot Water Boiler.
     Other Test Standard Topics.
    The Department will introduce each topic with a brief summary of
the relevant provisions of the proposed rule, and the significant
issues involved. We will then permit participants in the hearing to
make a prepared statement limited to five (5) minutes on that topic. At
the end of all prepared statements on a topic, the Department will
permit each participant to briefly clarify his or her statement and
comment on statements made by others. Participants should be prepared
to answer questions by us and by other participants concerning these
issues. Our representatives may also ask questions of participants
concerning other matters relevant to the hearing. The total cumulative
amount of time allowed for each participant to make prepared statements
must be 20 minutes.
    The official conducting the hearing will accept additional comments
or questions from those attending, as time permits. The presiding
official will announce any further procedural rules, or modification of
the above procedures, needed for the proper conduct of the hearing.
    We will make the entire record of this rulemaking, including the
transcript, available for inspection in the Department's Freedom of
Information Reading Room. Any person may purchase a copy of the
transcript from the transcribing reporter.

C. Issues on Which Comments Are Requested

    We are interested in receiving comments and/or data concerning the
feasibility, workability and appropriateness of the test procedures
proposed in today's rulemaking. Also, we welcome discussion on
improvements or alternatives to the proposed approaches. We also invite
comments on how to make this proposed rule easier to understand. For
example:
     Are the requirements in the rule clearly stated?
     Have we organized the material to suit your needs, or
would a different organization be better?
     Can we improve the rule's format?

List of Subjects in 10 CFR Part 431

    Administrative practice and procedure, Energy conservation,
Incorporation by reference.

    Issued in Washington, DC, on May 8, 2000.
Dan W. Reicher,
Assistant Secretary, Energy Efficiency and Renewable Energy.

    For the reasons set forth in the preamble, Title 10, Part 431 of
the Code of Federal Regulations is proposed to be amended as set forth
below:

PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT

    1. The authority citation for Part 431 continues to read as
follows:

    Authority: 42 U.S.C. 6311-6316.

    2. Subpart K is added to read as follows:
Subpart K--Commercial Packaged Boilers.
Sec.
431.351   Purpose and scope.
431.352   Definitions for commercial packaged boilers.

Test Procedures

431.361   Materials incorporated by reference.
431.362   Uniform test method for the measurement of energy
efficiency of commercial packaged boilers.

Energy Conservation Standards

431.371   Energy conservation standards and effective dates.

Subpart K--Commercial Packaged Boilers

Sec. 431.351  Purpose and scope.

    This subpart contains energy conservation requirements for certain
commercial packaged boilers, pursuant to Part C of Title III of the
Energy Policy and Conservation Act, as amended, 42 U.S.C 6311-6316.

Sec. 431.352  Definitions for commercial packaged boilers.

    For purposes of subparts I through P of this part, terms are
defined as provided for elsewhere in this subpart, in section 340 of
the Act, and as follows--
    Combustion efficiency for a commercial packaged boiler means the
efficiency descriptor for packaged boilers, determined using test
procedures prescribed under Sec. 431.362 and equals to 100 percent
minus percent flue loss.
    Commercial packaged boiler means a packaged boiler that is a
commercial HVAC & WH product with a capacity of 300,000 Btu per hour or
more which, to any significant extent, is distributed in commerce,
    (1) For heating or space conditioning applications in buildings, or
    (2) For service water heating in buildings but does not meet the
definition of ``hot water supply boiler'' in this part.
    Condensing boiler means a packaged boiler which will condense part
of the water vapor in the flue gases, and which includes a means of
collecting and draining this condensate from its heat exchanger
section.
    Flue condensate means liquid formed by the condensation of moisture
in the flue gases.
    Packaged boiler means a boiler that is shipped complete with
heating equipment, mechanical draft equipment and automatic controls;
usually shipped in one or more sections. If the boiler is shipped in
more than one section, the sections may be produced by more than one
manufacturer, and may be originated or shipped at different times and
from more than one location.
    Packaged high pressure steam and high temperature water boiler
means a commercial packaged boiler which operates at a steam pressure
higher than 15 psig for a steam boiler, and at a water pressure above
160 psig or at a water temperature exceeding 250 deg.F, or both, for a
high temperature water boiler.
    Packaged low pressure steam and hot water boiler means a commercial
packaged boiler which operates at or below a steam pressure of 15 psig
for a steam boiler, and at or below 160 psig pressure and 250 deg.F
temperature for a hot water boiler.

Test Procedures

Sec. 431.361  Materials incorporated by reference.

    (a) The Department incorporates by reference the following test
procedures which are not otherwise set forth in this part 431. The
Director of the Federal Register has approved the material listed in
paragraph (b) of this section for incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Any subsequent
amendment to this material by the standard-setting organization will
not affect the DOE test procedures unless and until DOE amends its test
procedures. The Department incorporates the material as it exists on
the date of the approval and a notice of any change in the material
will be published in the Federal Register.

[[Page 48851]]

    (b) List of test procedures incorporated by reference. (1) The
Hydronics Institute (HI) Standard ``Testing and Rating Standard for
Heating Boilers'', 6th Edition, 1989 (``1989 HI Standard'').
    (2) The American Society of Mechanical Engineers Power Test Codes
for Steam Generating Units, ASME PTC 4.1-1964, Reaffirmed 1991
(Including 1968 and 1969 Addenda) (``ASME PTC 4.1'').
    (3) American Society of Heating, Refrigerating and Air-Conditioning
Engineers, Inc. (ASHRAE) Standard 103-1993, ``Method of Testing for
Annual Fuel Utilization Efficiency of Residential Central Furnaces and
Boilers'', Sections 7.2.2.4, 7.8, 9.2, 11.2.7.1 and 11.3.7.2.
    (4) American National Standards Institute (ANSI) Standard Z21.13-
1993, ``Gas-Fired Low Pressure Steam and Hot Water Boilers'', Exhibit
D.
    (c) Availability of references.
    (1) Inspection of test procedures. The test procedures incorporated
by reference are available for inspection at:
    (i) Office of the Federal Register, 800 North Capitol Street, NW,
Suite 700, Washington, DC.
    (ii) U.S. Department of Energy, Office of Energy Efficiency and
Renewable Energy, Hearings and Dockets, ``Test Procedures and
Efficiency Standards for Commercial Packaged Boilers,'' Docket No. EE-
RM/TP-99-470, 1000 Independence Avenue, SW, Washington, DC 20585.
    (2) Obtaining copies of Standards. Anyone can obtain a copy of
standards incorporated by reference from the following sources:
    (i) Request copies of the ASHRAE Standards from the American
Society of Heating, Refrigerating, and Air-Conditioning Engineers,
Inc., 1971 Tullie Circle, NE, Atlanta, GA 30329, or http://
www.ashrae.org/book/bookshop.htm.
    (ii) Request copies of the ANSI Standard from Global Engineering
Documents, 15 Inverness Way West, Englewood, CO 80112, or http://
global.ihs.com/, or http://webstore.ansi.org/ ansidocstore/.
    (iii) Request copies of the HI Standard from the Hydronics
Institute Inc., 35 Russo Place, Berkeley Heights, NJ 07922, or http://
www.gamanet.org/publist/hydroordr.htm.
    (iv) Request copies of the ASME Standard from the American Society
of Mechanical Engineers, 345 East 47th Street, New York, NY 10017, or
http://www.asmeny.org/catalog.

Sec. 431.362  Uniform test method for the measurement of energy
efficiency of commercial packaged boilers.

    (a) Scope. This section covers the test procedures you must follow
if, pursuant to EPCA, you are measuring the steady state combustion
efficiency of a gas-fired and oil-fired, packaged commercial boiler
having a rated capacity of 300,000 Btu per hour or more.
    (b) Definitions. For purposes of this section, the Department
incorporates by reference the definitions specified in section 3.0 of
the Hydronics Institute Testing and Rating Standard for Heating
Boilers, sixth edition, June 1989, with the exception of the definition
for the terms packaged boiler, condensing boilers, packaged low
pressure steam and hot water boiler, and packaged high pressure steam
and high temperature water boiler.
    (c) Test Setup. (1) Test Setup for Packaged Low Pressure Steam and
Hot Water Boilers. (i) Classifications: If you employ boiler
classification, you must classify boilers as given in section 4.0 of
the 1989 Hydronics Institute Testing and Rating Standard for Heating
Boilers.
    (ii) Requirements: You must conduct the combustion efficiency test
as given in sections 5.1.2, (Combustion Efficiency Test), 5.4 (Basis of
Ratings, sec. 5.4.1, 5.4.4, 5.4.5, and 5.4.6) of the 1989 Hydronics
Institute Testing and Rating Standard for Heating Boilers.
    (iii) Instruments and Apparatus: You must follow the requirements
for instruments and apparatus in sections 6 (Instruments) and 7
(Apparatus, with the exception of sec. 7.2.3 which is for boilers of
less than 300,000 Btu per hour capacity) of the 1989 Hydronics
Institute Testing and Rating Standard for Heating Boilers.
    (iv) Test Conditions: Use test conditions from section 8.0 of the
1989 Hydronics Institute Testing and Rating Standard for Heating
Boilers, with the exception of subsection 8.5.1, in place of which you
must use the following paragraphs:
    (A) Water Temperatures--For the water test, use a boiler inlet
temperature of 35 deg.F to 80 deg.F and a boiler outlet temperature of
180 deg.F2 deg.F.
    (B) Inlet Water Temperature for Condensing Boilers--To test the
boiler as a condensing boiler (see paragraph (d)(1)(ii) of this section
for condensing boilers), set the inlet water temperature to
80 deg.F5 deg.F.
    (v) Alternative Test Procedure for Testing Low Pressure Steam and
Hot Water Boilers. Instead of the 1989 Hydronics Institute Testing and
Rating Standard for Heating Boilers as specified in paragraphs
(c)(1)(ii) and (c)(1)(iii) of this section, you may conduct the
combustion efficiency test for low pressure steam and hot water boilers
using the Abbreviated Efficiency Test (Simplified Efficiency Test) as
specified in ASME PTC 4.1 (see paragraphs (c)(2), (c)(2)(i),
(c)(2)(ii)(A) of this section). If you select the ASME PTC 4.1
procedure for conducting the required combustion efficiency test for
low pressure steam and hot water boilers, you must use the test
conditions specified in paragraphs (c)(1)(iv), (c)(1)(iv)(A), and
(c)(1)(iv)(B) of this section.
    (2) Test Setup for Packaged High Pressure Steam and High
Temperature Water Boilers, and Optional Test Procedure for Packaged Low
Pressure Steam and Hot Water Boilers. (i) Use the test procedure for
the efficiency test from ASME PTC 4.1. Conduct the combustion
efficiency test with the Abbreviated Efficiency Test (Simplified
Efficiency Test) for gas and oil fuels described in Section 1.07 of
ASME PTC 4.1.
    (ii) Test Conditions for the Combustion Efficiency.
    (A) Low Pressure Steam and Hot Water Boilers--If you select ASME
PTC 4.1 for the efficiency test of low pressure steam and hot water
boilers, use test conditions specified in paragraph (c)(1)(iv) of this
section.
    (B) High Pressure Steam and High Temperature Water Boilers--For the
efficiency test, use a test steam pressure for high pressure steam
boilers, and a test water pressure and water temperature for high
temperature water boilers, consistent with the normal design point
operating conditions for which the manufacturer designed the boiler.
The boiler must be tested at the manufacturer's rated maximum input.
    (d) Test Measurements. (1) Test measurements for Packaged Low
Pressure Steam and Hot Water Boilers. (i) Test for combustion
efficiency according to sections 9.1 (excluding sec. 9.1.1.2.3 and
9.1.2.2.3), 9.2 and 10.2 of the 1989 Hydronics Institute Testing and
Rating Standard for Heating Boilers, except that you must replace the
boiler water inlet temperature, boiler water outlet temperature, and
boiler water temperature rise (outlet minus inlet) in sections
9.1.2.1.1 and 9.1.2.1.3 of the HI test standard with the inlet and
outlet temperatures specified in paragraphs (c)(1)(iv)(A) (for non-
condensing boilers) and (c)(1)(iv)(B) (for condensing boilers) of this
section.
    (ii) Procedure for the Measurement of Condensate for a Condensing
Boiler. With the inlet water temperature as specified in paragraph
(c)(1)(iv)(B) of this section, measure the condensate from the flue gas
under steady state

[[Page 48852]]

operation according to sections 7.2.2.4, 7.8 and 9.2 of ASHRAE Standard
103-1993 under the rated input conditions. Conduct the measurement
during an additional 30 minutes of steady state operation after
completing the steady state combustion efficiency test in paragraph
(d)(1)(i) of this section.
    (iii) Steam and Hot Water Boilers. Test a steam and hot water
boiler as a steam boiler for its combustion efficiency. Optionally, you
may also test this boiler as a hot water boiler to obtain a combustion
efficiency rating when the boiler is operated as a hot water boiler.
    (2) Test measurements for Packaged High Pressure Steam and High
Temperature Water Boilers, and Optional Test Procedure for Packaged Low
Pressure Boilers. Use the test procedure from Section 5, Efficiency by
Heat Loss Method, of ASME PTC 4.1.
    (e) Calculations. (1) Calculations for Packaged Low Pressure Steam
and Hot Water Boilers. (i) Combustion Efficiency. Use the calculation
procedure for combustion efficiency test specified in section 11.2 of
the 1989 Hydronics Institute Testing and Rating Standard for Heating
Boilers (except that for gas fuel, do not calculate Item 9 of sec.
11.2.1 which is for oil fuel only). For gas-fired boilers, instead of
using section 11.2 of the 1989 HI Standard to calculate the flue loss,
you may calculate the flue loss by the procedure specified in Exhibit D
of the ANSI Standard Z21.13a-1993.
    (ii) Procedure for the Calculation of the Additional Heat Gain and
Heat loss, and Adjustment to the Combustion Efficiency, for a
Condensing Boiler.
    (A) Procedure for the Calculation of the Additional Heat Gain and
Heat loss. After following the procedure for the measurement of flue
condensate of paragraph (d)(1)(ii) of this section, calculate the
latent heat gain from the condensation of the water vapor in the flue
gas and heat loss due to the flue condensate down the drain according
to section 11.3.7.1 and 11.3.7.2 of ASHRAE Standard 103-1993, with the
exception that in the equation for the heat loss due to hot flue
condensate flowing down the drain in section 11.3.7.2, replace the
indoor temperature of 70 deg.F and the temperature term TOA by the
measured room ambient temperature as determined in section 8.4.3 of the
1989 Hydronics Institute Testing and Rating Standard for Heating
Boilers.
    (B) Adjustment to the Combustion Efficiency for a Condensing
Boiler. Adjust the combustion efficiency calculated in paragraph
(e)(1)(i) of this section by adding the latent heat gain from the
condensation of the water vapor in the flue gas, and by subtracting the
heat loss (due to the flue condensate down the drain) as calculated in
(e)(1)(ii)(A) of this section, to obtain the combustion efficiency of a
condensing boiler.
    (2) Calculations for Packaged High Pressure Steam and High
Temperature Water Boilers, and for the Alternative Test Procedure
(paragraph (c)(1)(v) of this section) for Packaged Low Pressure
Boilers. Use the Abbreviated Efficiency Test by the heat loss method
for gas or oil fuel as specified in section 7.3 and the Test Forms for
the Abbreviated Efficiency Test, PTC 4.1-a (Summary Sheet) and PTC 4.1-
b (Calculation Sheet), of ASME PTC 4.1 to determine the combustion
efficiency, except that you must set the following specific heat loss
terms (as listed in section 7.3 of ASME PTC 4.1) to 0: sections
7.3.2.03 (moisture in fuel), 7.3.2.01 (combustible in dry refuse),
7.3.2.10 (radiation to surroundings), 7.3.2.05 through 7.3.2.09 and
7.3.2.11 through 7.3.2.14 (unmeasured losses).

Energy Efficiency Standards

Sec. 431.371  Energy conservation standards and effective dates.

    Each commercial packaged boiler manufactured on or after January 1,
1994 must meet the following energy efficiency standard levels:
    (a) For a gas-fired packaged boiler with a capacity of 300,000 Btu
per hour or more, the combustion efficiency at the maximum rated
capacity must be not less than 80 percent.
    (b) For an oil-fired packaged boiler with a capacity of 300,000 Btu
per hour or more, the combustion efficiency at the maximum rated
capacity must be not less than 83 percent.

[FR Doc. 00-19721 Filed 8-8-00; 8:45 am]
BILLING CODE 6450-01-P 

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