Energy Efficiency Program for Certain Commercial and Industrial Equipment: Test Procedures and Efficiency Standards for Commercial Water Heaters, Hot Water Supply Boilers and Unfired Hot Water Storage Tanks

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: August 9, 2000 (Volume 65, Number 154)]
[Proposed Rules]
[Page 48852-48866]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09au00-32]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 431

[Docket No. EE-RM/TP-99-480]
RIN 1904-AA95

Energy Efficiency Program for Certain Commercial and Industrial
Equipment: Test Procedures and Efficiency Standards for Commercial
Water Heaters, Hot Water Supply Boilers and Unfired Hot Water Storage
Tanks

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

ACTION: Proposed rule 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 water heaters, hot water
supply boilers and unfired hot water storage tanks. The Department of
Energy (we, DOE, or the Department) proposes regulations to implement
the standards and test procedures for these commercial water heaters,
hot water supply boilers and unfired hot water storage tanks.

DATES: The Department will accept comments, data, and information
regarding the proposed rule until October 23, 2000. Please submit a
signed original and ten (10) copies. In addition, we request that you
provide an electronic copy (3\1/2\" diskette) of the comments in
WordPerfect^TM 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 4:00 p.m., on September 6, 2000. Send ten (10)
copies of your statements for the public workshop so that we receive
them by 4:00 p.m., on September 13, 2000. We also request a computer
diskette (WordPerfect^TM 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-99-480, 1000 Independence Avenue, SW,
Washington, DC 20585. You may send email to: brenda.edwards-
jones@ee.doe.gov. The workshop will begin at 9:00 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.
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

[[Page 48853]]

following address: http://www.eren.doe.gov/buildings/codes_standards/

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, D.C. 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, D.C.
20585, (202) 586-9507, e-mail: Edward.Levy@hq.doe.gov.

SUPPLEMENTARY INFORMATION: The proposed rule incorporates, by
reference, certain test procedures contained in an industry standard
referenced by the American Society of Heating, Refrigerating, and Air-
Conditioning Engineers, Inc. (ASHRAE) Standard 90.1 (ASHRAE or ASHRAE/
IES Standard 90.1) for commercial water heaters. The industry standard
is American National Standards Institute (ANSI) Standard Z21.10.3-1998,
``Gas Water Heaters Volume III Storage Water Heaters, with Input
Ratings above 75,000 Btu per Hour, Circulating and Instantaneous.'' We
propose to incorporate by reference the ``Method of Test'' subsections
of sections 2.9 and 2.10 and the sections referenced there, including
sections 2.1.7 and 2.30.
You can view copies of this standard at the Department of Energy's
Freedom of Information Reading Room at the address stated above. You
can obtain copies of the ASHRAE and ANSI Standards from the American
Society of Heating, Refrigerating, and Air-Conditioning Engineers,
Inc., 1971 Tullie Circle, NE, Atlanta, GA 30329, http://www.ashrae.org;
and Global Engineering Documents, 15 Inverness Way East, Englewood, CO
80112, http://global.ihs.com/, respectively.

I. Introduction

A. Authority
B. Background
1. General
2. Issues Concerning Water Heaters, Hot Water Supply Boilers and
Unfired Hot Water Storage Tanks.
C. The Proposed Rule

II. Discussion

A. General
B. Commercial Water Heaters and Hot Water Supply Boilers--
Definitions and Coverage
1. Instantaneous water heaters
2. Hot water supply boilers
a. Types of water heating products
b. Standards and test procedures in EPCA and ASHRAE Standard
90.1
c. The proposed rule for hot water supply boilers
i. Product definition
ii. Energy efficiency standards
iii. Test procedures
iv. Effective date
d. Alternative Proposals
3. Heat pump water heaters
4. Waste heat recovery water heaters
C. Commercial Water Heaters--Test Procedures for the Measurement of
Energy Efficiency
1. Gas-fired water heaters
2. Oil-fired water heaters
3. Electric water heaters
D. Commercial Unfired Hot Water Storage Tanks
1. Exemption From and Application of Maximum Heat Loss
Requirement
2. Unfired Hot Water Storage Tank Test Procedure

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 Treasury and General Government Appropriations
Act, 1999
K. Plain Language Directive

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 commercial water heaters, hot water supply boilers, unfired
hot water storage tanks and other types of commercial products.
EPACT also amended EPCA with respect to commercial products. It
provided definitions, test procedures, labeling provisions, energy
conservation standards, and the 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 water heaters, hot
water supply boilers, and unfired hot water storage tanks, ``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 water heater, hot water supply boiler, or
unfired hot water storage tank, 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 a 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

[[Page 48854]]

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 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 our program for most 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 us, 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 comment on a number of specific issues,
including issues related to test procedures, as described below.
Statements during the public workshop and written comments that were
received afterwards helped refine the issues 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 National
Institute of Standards and Technology (NIST) for resolving them. We
received additional comments at the October 1998 workshop.
2. Issues Concerning Water Heaters, Hot Water Supply Boilers and
Unfired Hot Water Storage Tanks
During the April 1998 workshop, we sought comments on the following
issues regarding commercial water heaters, hot water supply boilers,
and unfired hot water storage tanks:
(1) Which of the recognized test procedures should we prescribe for
testing commercial water heaters?
(2) What clarifications are needed concerning EPCA's coverage of
commercial water heating products?
(3) What should be the nature and content of our test procedure for
unfired hot water storage tanks?
Attendees at the April 1998 workshop provided comments and input on
these issues. Section II, Discussion, will cover them in more detail.
After the April 1998 workshop, we worked towards addressing the
identified issues. 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 1998
workshop, which enabled us to elicit further views and information from
interested parties. The summary report included draft rule language for
commercial water heaters, hot water supply boilers, and unfired hot
water storage tanks. The additional comments received at the October
1998 workshop will be discussed below.

C. The Proposed Rule

Today's proposed rule incorporates (1) energy efficiency test
procedures for commercial hot water heaters, including hot water supply
boilers, and unfired hot water storage tanks, (2) definitions that
clarify EPCA's coverage of these products, 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, Discussion, contains the
reasons for incorporating or not incorporating any significant
recommendations.

II. Discussion

A. General

This section discusses the issues identified for commercial water
heaters, hot water supply boilers, and unfired hot water storage tanks.
Subsection II-B addresses the definitions and scope of coverage for
commercial water heaters and hot water supply boilers, subsection II-C
addresses ``Commercial Water Heaters--Test Procedures for the
Measurement of Energy Efficiency,'' and subsection II-D addresses the
efficiency requirements and test procedures for commercial unfired hot
water storage tanks.

B. Commercial Water Heaters and Hot Water Supply Boilers--Definitions
and Coverage

1. Instantaneous Water Heaters
The EPCA definitions for commercial and consumer water heaters
neither explicitly address nor exclude instantaneous water heaters that
are designed to raise the water temperature to 180 deg.F or higher, or
have a storage volume of two gallons or more. See EPCA sections 321(27)
and 340(12), 42 U.S.C. 6291(27) and 6311(12). However, EPCA provides,
in effect, that an instantaneous water heater would be considered to be
a commercial product if it is not, to any significant extent,
distributed for personal use or consumption by individuals, and if it
is, to any significant extent, distributed for industrial or commercial
use. EPCA sections 321(1) and 340(1)-(2), 42 U.S.C. 6291(1) and
6311(1)-(2).
During both the April 1998 and October 1998 workshops, GAMA stated
that instantaneous water heaters designed to heat water to temperatures
of 180 deg.F or higher are not designed or marketed for consumer/
residential applications, regardless of the input ratings. (GAMA, April
1998 transcript, at 67, and GAMA, October 1998 transcript, at 183-184.)
Therefore, GAMA believes these products should be subject to the energy
efficiency standards that apply to commercial water heaters. This would
be consistent with the definition of gas-fired instantaneous water
heaters contained in the DOE test procedure for consumer water heaters,
Appendix E to Subpart B of 10 CFR Part 430, which excludes water
heaters designed to deliver water at a controlled temperature of 180
deg.F or higher, or that have storage volumes of two gallons or more.
Six manufacturers of commercial water heaters were contacted regarding
these products, and they confirmed that these are marketed and sold
primarily for commercial applications. Although the manufacturers did
not provide exact numbers, they indicated that the size of the market
for these products is relatively small. The product literature of three
manufacturers of products in this category (i.e., instantaneous water
heaters having storage volumes greater than 2 gallons, capable of
delivering water at temperatures of 180 deg.F or higher) states that
these are intended for use as booster water heaters for

[[Page 48855]]

commercial applications, such as ware-washing in restaurant kitchens.
Based on GAMA's statements, product literature and the definition
of gas-fired instantaneous water heaters in DOE's test procedure for
consumer water heaters, see 55 FR 42161, 42164 (October 17, 1990), the
Department concurs that these products are generally distributed for
commercial or industrial use, and rarely if ever for use by individual
consumers. Therefore, under the EPCA definition provisions summarized
above--sections 321(1), and 340(1), (2) and (12)--such water heaters
are subject to the applicable standards and test procedures set forth
in sections 342(a)(5) and 343(a)(4), respectively, for commercial water
heaters. Today's proposed rule incorporates and implements these
provisions of EPCA. Consequently, although the proposed rule does not
specifically mention instantaneous water heaters designed to heat water
to temperatures of 180 deg.F or higher, or having a storage volume of
two gallons or more, we intend, and the proposed rule clearly
contemplates, that they would be subject to the energy efficiency
standards and test procedures for commercial products established by
EPCA.
2. Hot Water Supply Boilers
One of the issues this rulemaking is addressing is the application
of EPCA energy efficiency standards and test procedures to hot water
supply boilers, because such boilers perform functions that are also
typically performed by water heaters. In the following discussion we
present some background on the nature of these and related products, on
how they were addressed by ASHRAE Standard 90.1-1989 before and after
the publication of Addendum n to Standard 90.1-1989 (``Addendum n''),
and on how we propose to treat them under EPCA.
a. Types of water heating products: The following sets forth our
understanding of the facts relevant to the proposals below for rating
and testing commercial hot water supply boilers.
The term ``boiler'' normally applies to a self-contained appliance
for supplying steam or hot water. A ``boiler'' generally neither has a
storage tank nor heats the water within the appliance unless there is a
demand for hot water, i.e., it does not use its energy source to
maintain the temperature of the water within the appliance when there
is no demand. There are many types of boilers and they can be
categorized according to a variety of characteristics including:
Application, fuel-type, operating temperature and pressure, heat
exchanger material and configuration, burners, and input ratings.
However, within the building industry, boilers are typically
categorized according to two fundamental applications: space and
service water heating. Hydronic boilers usually supply water within a
closed system that provides space heating. They typically employ a
maximum temperature limit of about 250 deg.F, and a maximum pressure
of 30 to 60 psig. Hot water supply boilers usually provide potable
water to be used external to the water heating system, i.e., they
provide service water heating. These boilers are typically limited to
providing hot water (and no steam) at temperatures up to 210 deg.F,
and to operate at pressures not to exceed 160 psig. In addition,
boilers used to provide service hot water employ heat exchangers made
of materials that will not affect water potability (e.g., by rusting),
whereas hydronic boilers can use water treatment that renders the water
unpotable to prevent deterioration (e.g., rusting) of the heat
exchanger components.
A ``water heater'', on the other hand, is generally a self-
contained appliance for heating water that is withdrawn for use
external to the water heating system, for purposes other than space
heating or process requirements. Water heaters are typically designed
to operate at pressures not in excess of 160 psig, and temperatures
that do not exceed 210 deg.F. The materials that come in contact with
the service hot water provided by water heaters must not render the
water unpotable, and must therefore be corrosion resistant.
There are several means of classifying water heaters. Within this
rulemaking, we deal with two basic categories of water heaters: storage
water heaters and instantaneous water heaters. Storage water heaters
have storage tanks that are integrated with the energy source and
maintain the stored water temperature based on thermostatic control.
Instantaneous water heaters typically lack integral storage tanks. They
usually heat water only when there is a demand for the water (i.e.,
water is being withdrawn from the system), and the temperature of the
water within the appliance is not maintained when there is no demand.
Instantaneous water heaters are also identified as having an input-to-
volume ratio greater than 4,000 Btu/h per gallon of stored water, where
input is the rate of heat input of the energy source.
It is our understanding that, notwithstanding the features they
have in common with instantaneous water heaters, commercial hot water
supply boilers are constructed in accordance with boiler specifications
and are still considered to be ``boilers.'' Physically, many
similarities exist between hot water supply and hydronic boilers, with
the main differences being the temperature limiting controls and
pressure or pressure/temperature relief valves with which they are
typically equipped. We understand that these distinctions are not
always evident when a product is manufactured, i.e., a boiler might not
be outfitted with these features until a distributor is filling a
specific order for one product or the other. In other words, some
manufacturers provide the same boiler to be used either as a hydronic
boiler or a hot water supply boiler. Other manufacturers sell
essentially the same boiler, but with different temperature controls
and pressure relief valves already installed, in both hot water supply
and hydronic boiler models. And finally, other manufacturers provide
only hot water supply boilers or only hydronic boilers.
We understand that boiler manufacturers generally test and rate
their products based on the uses for which they sell them. For example,
manufacturers that market the same or similar boilers as both hot water
supply boilers and hydronic boilers test and rate them as both.
Manufacturers that provide only one type of product only test and rate
as that type of product.
b. Standards and test procedures in EPCA and ASHRAE Standard 90.1:
EPCA covers commercial packaged boilers and 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.'' 42 U.S.C. 6311(11)(B). Hot water supply boilers
meet this statutory definition and are therefore covered by EPCA.
The minimum energy efficiency standards prescribed in section
342(a)(4) of EPCA for commercial packaged boilers are shown in Table 1.

[[Page 48856]]

Table 1.--Energy Efficiency Standards for Packaged Boilers From EPCA
and ASHRAE Standard 1989 (Pre and Post Addendum n).
------------------------------------------------------------------------
Size or input Energy efficiency
Equipment rating standard
------------------------------------------------------------------------
Packaged Boiler (gas-fired)..... 300,000 Btu/h or 80% minimum
more. combustion
efficiency.
Packaged Boiler (oil-fired)..... 300,000 Btu/h or 83% minimum
more. combustion
efficiency.
------------------------------------------------------------------------

EPCA also requires uniform test procedures for determining the
efficiency of commercial packaged boilers. Basically, section 343(a)(4)
provides that the test procedures shall be those referenced in ASHRAE
Standard 90.1 and in effect on June 30, 1992, and may be amended if
ASHRAE Standard 90.1 is amended. These test procedure provisions, as
well as specific efficiency standards, also apply to commercial water
heaters.
Neither EPCA nor ASHRAE Standard 90.1-1989 (as in effect on June
30, 1992) explicitly addressed the category of hot water supply
boilers. However, an ASHRAE Interpretation (Interpretation IC 90.1-
1989-18; June 26, 1995) provided that hot water supply boilers were to
be considered packaged boilers under ASHRAE Standard 90.1-1989. Thus,
one or more of the five packaged boiler test procedures referenced in
ASHRAE Standard 90.1-1989 applied to hot water supply boilers, both
under ASHRAE Standard 90.1 and EPCA, and under ASHRAE Standard 90.1 the
efficiency standards for boilers applied to this product. This was
consistent with EPCA in that the statute's energy efficiency standards
for packaged boilers, listed in Table 1, were the same as those in
Standard 90.1 and applied to hot water supply boilers.
In 1997, ASHRAE amended Standard 90.1-1989 by adopting Addendum n.
The foreword to ASHRAE Standard 90.1-1989 contains the following
statement: ``Addendum 90.1-1997 provides more equitable treatment for
service water heating equipment by requiring hot water supply boilers
to meet the same requirements as water heaters.'' The Addendum also
added definitions for water heaters, hot water supply boilers and
boilers, which previously were not defined in Standard 90.1. Table 11.1
and section 11.4.2 of Standard 90.1, as revised in Addendum n, state
that gas and oil-fired hot water supply boilers with input ratings
between 300,000 and 12,500,000 Btu/h, ``and used solely for heating
potable water,'' must meet the energy efficiency requirements presented
in Table 2 and be tested according to ANSI Standard Z21.10.3-1993. The
Department understands that Addendum n became effective on January 28,
1998, the date ANSI approved it.

Table 2.--Energy Efficiency Standards for Hot Water Supply Boilers From Addendum n of ASHRAE Standard 90.1-1989.
----------------------------------------------------------------------------------------------------------------
Energy efficiency
Equipment Input Volume standard
----------------------------------------------------------------------------------------------------------------
Hot water supply boiler (gas and oil- 300,000 Btu/ under 10 gallons....... 80% minimum thermal
fired). h and 12,500,000 Btu/h
and Input/Volume 4,000 Btu/h per
gallon.
10 gallons or more..... 77% minimum thermal
efficiency; (2.3+67/
measured storage
volume) maximum
standby loss.
----------------------------------------------------------------------------------------------------------------

The requirements presented in Table 2 are the same as those
prescribed for commercial instantaneous water heaters with the same
ranges of storage volumes, and ANSI Z21.10.3-1993 is a testing standard
for commercial water heaters.
c. The proposed rule for hot water supply boilers: EPCA provisions
require the Department to adopt amendments to the ASHRAE Standard 90.1
energy efficiency standards and test procedures for commercial products
such as packaged boilers, except in certain circumstances. Addendum n
amended ASHRAE Standard 90.1-1989 with respect to hot water supply
boilers (a type of packaged boiler), and the EPCA provisions apply to
these amendments. We are proposing in this rulemaking to adopt these
amendments, with limited modifications necessary to adapt them for use
under EPCA.
We propose to define a ``hot water supply boiler'' in terms of the
intrinsic characteristics of such a boiler, as well as the way the
manufacturer markets this product for use as a hot water supply boiler.
Such hot water supply boilers would have to meet energy efficiency
requirements set forth in ASHRAE Standard 90.1 for water heaters.
Further, the Department proposes that if a boiler is manufactured to be
used as both a hot water supply boiler and a hydronic heating boiler,
then it would have to meet the energy efficiency standards for, and be
tested as, both types of products. In large part because we believe
manufacturers are already following the provisions of Addendum n, these
proposals would become effective 30 days after the final rule is
promulgated. We also continue to consider other approaches.
i. Product definition. ASHRAE Standard 90.1-1989, as amended by
Addendum n, prescribes requirements for a hot water supply boiler
according to the actual use of the appliance. Section 3.4 of ASHRAE
Standard 90.1-1989 defines ``hot water supply boiler'' as ``a boiler
used to heat water for purposes other than space heating.'' Section
11.4.2 further provides that the efficiency requirements applicable to
water heaters shall apply to ``[h]ot water supply boilers with inputs
from 300,000 Btu/h to 12,500,000 Btu/h and used solely for heating
potable water.'' These provisions remain unchanged in the recently
adopted ASHRAE Standard 90.1-1999. Thus, under Standard 90.1, the
actual use of a boiler is a significant element in determining whether
it must satisfy the requirements for water heaters or for boilers.
EPCA requirements, however, apply to products as manufactured. EPCA
defines ``packaged boiler,'' for example, as a boiler with certain
specified characteristics, and prescribes efficiency standards and test
procedures that apply to ``each * * * packaged boiler manufactured''
after a specified date. 42 U.S.C. 6313(a)(4) and 6314(a)(4)(A). A
manufacturer can identify and comply with the requirements that apply
to a

[[Page 48857]]

``packaged boiler'' it manufactures, and other parties can monitor the
manufacturer's compliance. If DOE were to adopt the above-quoted
language of Sections 3.4 and 11.4.2 of Standard 90.1, however, the
applicable requirements under EPCA for hot water supply boilers would
depend on a product's actual use: the standards and test procedures for
packaged boilers would apply to a boiler used as a hydronic boiler,
whereas the water heater requirements would apply to a boiler used as a
hot water supply boiler. For manufacturers that do not know how their
product will be used, the applicable requirements would be unknown, or
at best uncertain, at the point of manufacture. This would be untenable
for manufacturers and for monitoring compliance. In addition, adoption
of the ``use'' criterion would appear to create uncertainty as to the
applicable requirements even for boilers with features that identify
them as hydronic or hot water supply boilers.
As discussed, a manufacturer of boilers lacking such features often
manufactures products with the intent that they will be used for
hydronic heating and/or service water heating. Although the
manufacturers may not foresee the actual end uses of their products, we
understand that they normally provide information as to the intended
use of the products in one or more of the following: product
literature, product markings, product marketing, and product
installation and operating instructions. This is consistent with
Sections 10.3 and 11.3 of ASHRAE Standard 90.1-1989, which require that
when hydronic heating and service water heating equipment is supplied,
information must be included to enable the determination of compliance
with the applicable energy efficiency requirements of ASHRAE Standard
90.1.
Based on the above discussion, we are proposing, for purposes of
EPCA, to define a hot water supply boiler as follows:

A packaged boiler that (a) has an input rating from 300,000 Btu/
h to 12,500,00 Btu/h and of at least 4,000 Btu/h per gallon of
stored water, (b) is suitable for heating potable water, and (c)
meets either or both of the following conditions: (1) It has
temperature and pressure controls necessary for heating potable
water for purposes other than space heating, or (2) the
manufacturer's product literature, product markings, product
marketing, or product installation and operation instructions
indicate that the boiler's intended uses include heating potable
water for purposes other than space heating.

Finally, if a product meets the above definition of hot water
supply boiler, and is also manufactured to provide space heating, then
it must also meet the requirements established under EPCA for
commercial packaged boilers and be tested accordingly. Standards and
test procedures for commercial packaged boilers manufactured to be used
for hydronic heating purposes are being addressed within a separate
rulemaking for those products.
In summary, we are proposing to adopt verbatim virtually all of the
criteria in ASHRAE Standard 90.1 that define and delineate the hot
water supply boilers to which efficiency requirements for water heaters
will apply. But in lieu of the language concerning the actual use of
the product, which DOE believes is not suitable for adoption under
EPCA, we propose to adopt provisions that define a hot water supply
boiler in terms of physical features that are a necessary part of the
product, and of how the manufacturer intends that the product be used.
We believe that our proposed definition implements the intent of
Addendum n, which is to apply requirements for commercial water heaters
to boilers that provide service water heating.
ii. Energy efficiency standards. We are directed under EPCA Section
342(a)(6)(A) to establish an amended uniform national energy efficiency
standard for each covered commercial product at the level specified in
the amended ASHRAE Standard 90.1, unless the Secretary determines, by
rule published in the Federal Register and supported by clear and
convincing evidence, that adoption of a more stringent standard for
such product would result in significant additional conservation of
energy and is technologically feasible and economically justified.
Addendum n amended ASHRAE Standard 90.1 by providing, in part, that hot
water supply boilers must meet the same efficiency standards that apply
to commercial instantaneous water heaters. We intend to adopt that
amendment in this rulemaking. Hence, today's proposed rule provides
that any products that are hot water supply boilers, as defined in this
notice, are to meet the requirements established for such products in
Table 11.1 of ASHRAE Standard 90.1-1989 as amended by Addendum n. The
relevant portions of Table 11.1 are presented in Table 2 of this
preamble. We are not proposing a more stringent standard at this time.
However, an upcoming rulemaking will address this issue due to the
recent publication of ASHRAE Standard 90.1-1999, which modifies
Standard 90.1's energy efficiency standards for commercial water
heating products.
iii. Test procedures. As indicated in EPCA Section 343(a)(4)(A),
the test procedures to be used to determine energy efficiency must be
those prescribed by ASHRAE Standard 90.1-1989 as in effect on June 30,
1992. Section 343(a)(4)(B) of EPCA further states that if such industry
test procedures are amended, then the Secretary shall amend the DOE
test procedure as necessary to be consistent with the amended industry
test procedure unless the Secretary determines, by rule, published in
the Federal Register and supported by clear and convincing evidence,
that to do so would not meet the requirements for test procedures
described in sections 343(a)(2) and (3). These latter sections
basically state that the test procedure must be reasonably designed to
produce test results that reflect the energy efficiency of the product,
and not be unduly burdensome to conduct. Addendum n's amendments to
ASHRAE Standard 90.1 include a requirement that hot water supply
boilers use the test procedure that ANSI Standard Z21.10.3-1993
specifies for water heaters. As mentioned below in section II.C.1. of
this document, this test procedure was amended in 1998. At the October
1998 workshop, stakeholders indicated that this amended test procedure
is accepted by industry as being reasonably designed and not overly
burdensome to conduct for hot water supply boilers (BR Laboratories,
October 1998 transcript, at 143-149). As reflected in today's proposed
rule, we intend to require that commercial hot water supply boilers be
tested according to ANSI Z21.10.3-1998, and to incorporate relevant
provisions by reference into DOE regulations. We do not intend to
determine that ANSI Z21.10.3-1998 is either unduly burdensome to
conduct or not reasonably designed to produce results that reflect the
energy efficiency of such boilers.
iv. Effective date. EPCA does not address specifically when the
Department's adoption of an amendment to a test procedure in ASHRAE/IES
Standard 90.1 can become effective. Section 342(a)(6)(C) of EPCA,
however, provides that our adoption of an efficiency standard contained
in an amendment to Standard 90.1, for packaged boilers or instantaneous
water heaters, shall become effective two years or more after the
effective date of such amendment for purposes of Standard 90.1. Thus,
because Addendum n became effective as an amendment to

[[Page 48858]]

Standard 90.1 on January 28, 1998, January 28, 2000 is the earliest
date DOE could have made Addendum n's efficiency standards effective as
a Federal requirement.
The Department understands that manufacturers currently are, and
for some time have been, observing Addendum n's test procedures and
efficiency standards for hot water supply boilers. Imposing them
immediately as Federal requirements, therefore, should not create any
burdens or alter the status quo for manufacturers. Consequently, the
Department intends to make its adoption of the above described
provisions for hot water supply boilers effective 30 days after
publication of the final rule. Today's proposed rule also provides
that, for the most part, hot water supply boilers manufactured prior to
such effective date, and subsequent to the date Addendum n became
effective as a provision of Standard 90.1, could meet either the
requirements of Addendum n or the applicable requirements for packaged
boilers under EPCA, and that any products manufactured prior to
Addendum n's becoming effective must meet the latter requirements.
d. Alternative Proposals: In addition to the proposals set forth in
today's notice, we are considering other possible approaches in
applying energy efficiency standards and test procedures to hot water
supply boilers. This is because we are concerned about whether basing
efficiency requirements on product marketing could create too much
uncertainty as to which requirements apply, or could cause
manufacturers to alter their marketing strategies to fit their products
into one category or another.
Therefore, we continue to consider adoption of the following
alternative approaches for rating and testing hot water supply boilers
under EPCA, in lieu of the approach outlined above:
(1) Any packaged boiler that is capable of providing potable water
must meet the energy efficiency standards for, and be tested as, both a
hydronic boiler and a hot water supply boiler/water heater.
(2) Any hot water supply boiler must meet the energy efficiency
standards for, and be tested only as, a packaged boiler.
(3) Any packaged boiler that is capable of providing potable water
must meet the energy efficiency standards for, and be tested as, a hot
water supply boiler.
We seek comments regarding both the proposal in this notice and
these three alternative approaches.
3. Heat Pump Water Heaters
The October 1998 workshop generated both oral and written comments
with respect to the application of EPACT energy efficiency test
procedures to commercial heat pump water heaters. Workshop participants
commented that a variety of heat pump water heaters sold in the market
exceed the size threshold to be considered consumer products under the
NAECA amendment to EPCA, and appear to fall within the scope of the
EPACT amendment to EPCA. In written comments, the American Gas
Association advocated that ``commercial heat pump water heaters should
be covered by DOE test procedures * * * based on the commercial
availability and extensive commercial and utility promotion of this
technology.'' LaClede Gas Company of St. Louis, Missouri expressed the
same opinion. (Written comments number 11 and 12, Public Workshop,
October 13, 1998)
American National Standard Institute (ANSI) standard Z21.10.3 is
the test procedure presently referenced in ASHRAE/IES Standard 90.1-
1989 for testing commercial water heaters. Heat pump water heaters are
not within the scope of this standard, nor can the procedure be readily
adapted to measure their performance. Furthermore, the existing DOE
residential water heater test procedure is not suitable for commercial
heat pump water heaters for the following reasons:
The water draw rates are not representative of commercial
applications.
The small tank sizes used in testing are not
representative of commercial installations, and the disparity could
adversely affect test results of large heat pump water heaters.
Water temperatures are higher, and ambient air
temperatures are lower than those typically found in commercial
applications.
Therefore, we do not consider either the existing ANSI Z21.10.3
standard or our residential water heater test procedure to be
reasonably designed to produce results which reflect energy efficiency
of the commercial product as required under EPCA Section 343(a)(2).
ASHRAE is currently developing a new Standard ASHRAE 118.1-1993R,
Method of Testing for Rating Commercial Service Water Heating
Equipment, which is currently undergoing public review. Its current
draft covers commercial heat pump water heaters explicitly. The ASHRAE
development process is expected to lead to an approved standard that
would be referenced in revised versions of ASHRAE Standard 90.1.
Since a new test procedure would need to be developed for
commercial heat pump water heaters, and because ASHRAE has already made
progress in developing one, the Department is postponing action within
the current rulemaking to consider a test procedure for these products.
The Department anticipates considering such a test procedure after
ASHRAE develops/publishes it.
4. Waste Heat Recovery Water Heaters
According to the Commercial Water Heating Applications Handbook
(EPRI TR-100212 December 1992) published by the Electric Power Research
Institute (EPRI), waste heat recovery water heaters use simple heat
exchangers to recover useful heat, from fluid streams leaving
commercial facilities. The heat that is recovered by these systems is
often that which would have otherwise been lost to the environment.
Often a heat recovery water heater is used to preheat incoming cold
service water before it is heated by a conventional water heater. One
workshop participant pointed out that these devices should not be
confused with heat exchangers used to heat water via a dedicated heat
source such as a hot water supply boiler that provides a stream of hot
fluid for indirectly heating the service water within the heat
exchanger. (LaClede Gas Company, October 1998 transcript, at 187-191.)
In this case both the heat source (the boiler) and the tank that
contains the heat exchanger might be covered under EPCA. Some waste
heat recovery systems employ products that are considered EPCA-covered
products. For example, a hot water storage tank might contain a heat
exchanger and supplemental electric resistance heating elements used as
a backup when the heat recovery capabilities of the heat exchanger are
temporarily inadequate.
EPCA does not provide energy conservation standards or test
procedures for waste heat recovery water heaters. Therefore, we do not
address these products within today's proposed rule. However, the fact
that an EPCA-covered product is used as part of a waste heat recovery
system does not exclude the product from coverage.

C. Commercial Water Heaters--Test Procedures for the Measurement of
Energy Efficiency

1. Gas-Fired Water Heaters
As quoted above, EPCA states that ``the test procedures shall be
those generally accepted industry testing procedures or rating
procedures

[[Page 48859]]

developed or recognized by the Air-conditioning and Refrigeration
Institute or by [ASHRAE], as referenced in ASHRAE/IES Standard 90.1 and
in effect on June 30, 1992.'' EPCA section 343(a)(4)(A), 42 U.S.C.
6314(a)(4)(A). EPCA also provides that if such industry test procedure
is amended, the Secretary must adopt the amended procedure unless the
Secretary determines, in essence, that the amended procedure is unduly
burdensome to conduct or is not reasonably designed to produce results
which reflect the energy efficiency of the product. EPCA section
343(a)(4)(B), 42 U.S.C. 6314(a)(4)(B).
ASHRAE/IES Standard 90.1-1989 with Addendum b was in effect on June
30, 1992 and the referenced test procedure for commercial water heaters
was ANSI Z21.10.3-1990. Since then, ANSI Z21.10.3 has been amended
several times. Table 3 lists the amendments, their dates, and a brief
summary of changes to the portions related to energy efficiency test
procedures.

Table 3.--List of Amendments to ANSI Z21.10.3
------------------------------------------------------------------------
Summary of changes to
Document version ANSI approval efficiency test
date portions
------------------------------------------------------------------------
ANSI Z21.10.3a-1990........... 4 October 1990... Correction to
equation for standby
loss.
ANSI Z21.10.3b-1992........... 27 January 1992.. None.
ANSI Z21.10.3-1993............ 8 April 1993..... None.
ANSI Z21.10.3a-1994........... 14 February 1994. None.
ANSI Z21.10.3b-1994........... 5 December 1994.. None.
ANSI Z21.10.3c-1996........... 29 March 1996.... None.
ANSI Z21.10.3-1998............ 19 March 1998.... --Specifies accuracy
of measurement
devices.
--Requires two full
cutout periods prior
to initiation of
standby loss
measurement period.
--Changes the
requirements for the
duration of the
standby loss test.
------------------------------------------------------------------------

Some of the discussion at the October 13, 1998 workshop related to
whether we should adopt the latest version of this test procedure . The
stakeholders at the workshop agreed that the test for thermal
efficiency contained in the 1998 version of ANSI Z21.10.3 has not
changed from previous versions. However, as some stakeholders
acknowledged, the standby loss portion of this test procedure, which
has been slightly modified from the previous version, could yield
slightly different results and thus affect compliance with standby loss
requirements. In versions of ANSI Z21.10.3 prior to the 1998 version,
the standby loss test procedure called for the water heater to undergo
one cutout period prior to the initiation of data collection, and the
standby test loss duration was at least 48 hours from the initiation of
data collection. The test terminated at the end of 48 hours unless the
water heater was in the heating mode at that time, in which case the
test continued until the thermostat acted to reduce the gas supply to a
minimum. The 1998 version of the test procedure calls for the water
heater to undergo two cutout periods prior to the initiation of data
collection, and the standby loss test continues until the first cutout
that occurs after 24 hours from the time that data collection is
initiated. Two workshop participants with experience in the field of
testing these appliances, Bodh Subherwal of B.R. Laboratories, Inc. and
Mark Taylor of Bradford-White Corporation, commented that this is not
likely to have a significant effect on results. While no data has yet
been provided in support of these comments, there is also no data to
contradict them. (Various participants, October 1998 transcript, at
138-149.)
The Department recognizes the differences between the 1998 and 1990
versions of the ANSI test procedure. However, we are aware of no
evidence which would establish that the newer version would
significantly alter the standby loss measurements.
In accordance with EPCA section 343(a)(4)(B), the Department
intends to adopt, through incorporation by reference, those portions of
the ANSI Z21.10.3-1998 that address thermal efficiency and standby loss
testing. Specifically, we intend to adopt the subsections labeled
``Method of Test'' in sections 2.9 and 2.10, as well as sections 2.1.7,
2.3.3, 2.3.4, and 2.30 and Figure 3. The Department does not intend to
determine that the 1998 version of ANSI Z21.10.3 is either unduly
burdensome to conduct or not reasonably designed to produce results
that reflect the energy efficiency of commercial water heaters.
2. Oil-Fired Water Heaters
ANSI Z21.10.3-1998 does not directly address the testing of oil-
fired water heaters. However, footnote e to Table 11.1 of ASHRAE/IES
Standard 90.1-1989 Addendum n provides a means to adapt the ANSI
Z21.10.3 test procedure for testing of oil-fired water heaters. The
Department intends to incorporate these same adaptations for the
purpose of testing commercial oil-fired water heaters.
3. Electric Water Heaters
ANSI Z21.10.3-1998 does not directly address the testing of
electric water heaters. However, as in the case of oil-fired water
heaters, footnote e to Table 11.1 of ASHRAE/IES Standard 90.1-1989
Addendum n provides a means to adapt the ANSI Z21.10.3 test procedure
for testing of electric water heaters. The Department intends to
incorporate these same adaptations for the purpose of testing
commercial electric water heaters. Also, today's proposed test
procedure will provide additional instructions related to the
adjustment of multiple thermostats for those electric water heaters
that utilize them.

D. Commercial Unfired Hot Water Storage Tanks

1. Exemption From and Application of Maximum Heat Loss Requirement
EPCA Sections 342(a)(5)(F) and 342(a)(5)(G) provide that the
maximum heat loss of an unfired hot water storage tank must be 6.5 Btu
per hour per square foot (Btu/h-ft\2\) of tank surface area, unless the
tank has more than 140 gallons of storage capacity and its surface area
is thermally insulated to R-12.5.
We believe the latter criterion does not contemplate that the tank
be insulated to an ``effective R-value'' of R-12.5. Heat losses occur
both through the actual surface area of a tank (the surface that has
not been eliminated by pipe penetrations and tank supports) and through
the areas that have such penetrations and supports. The latter areas
cannot be insulated. An ``effective R-value'' of R-12.5 would mean that
the product as a whole would have to be insulated to R-12.5, and as a
practical matter, that the insulation of the actual surface area would
have to be greater than R-12.5. Such a requirement would appear to be
at odds with the language

[[Page 48860]]

of the statute, and a statement at the April 1998 workshop that such a
requirement was not intended went uncontested. The Department has
therefore tentatively concluded that only the actual surface area of a
tank larger than 140 gallons must be covered by R-12.5 insulation in
order for the tank to be exempt from the requirement to have a maximum
heat loss of 6.5 Btu/h-ft\2\ of tank surface area.
As indicated, this heat loss requirement applies to all storage
tanks having capacities of 140 gallons or less. It was suggested at the
October 1998 workshop that, since R-12.5 insulation is roughly
equivalent to a heat loss of 6.5 Btu/h-ft\2\, for these storage tanks
the Department's regulations could permit use of such insulation as an
alternative to testing for heat loss.\1\ (BR Laboratories, October 1998
transcript, at 156-158.) Because only the actual surface area of a tank
is insulated, such an approach would be problematic. On the one hand,
it could imply that the heat loss requirement applies only to losses
from the actual surface area. Section 342(a)(5)(F) of EPCA appears to
provide, however, that losses from the entire tank shall be 6.5 Btu/h-
ft\2\ of surface area. In other words, all losses, not just losses from
the insulated portion of the surface area, must be divided by the tank
surface area. On the other hand, to allow R-12.5 insulation in lieu of
heat loss testing would in effect decrease the efficiency requirement
for tanks smaller than 140 gallons, by allowing a heat loss of more
than 6.5 Btu/h-ft\2\ of surface area. This is because the heat losses
from areas with pipe penetrations and supports, which are not
insulated, would necessarily result in a heat loss per square foot of
actual surface area, and even of ``nominal surface area'' (the actual
surface area plus the surface area that would exist absent the
penetrations and supports), in excess of 6.5 Btu/h. But EPCA does not
authorize the Department to lower efficiency levels prescribed by the
statute and, in any event, the Department does not seek in this
rulemaking to alter the level EPCA prescribes for unfired storage
tanks. Finally, under such an approach, the efficiency requirements for
tanks smaller than 140 gallons would be virtually identical to those
for the larger tanks. EPCA specifies different requirements, however,
for hot water storage tanks and storage water heaters in these two
categories, in effect requiring the smaller products to be more
efficient.
---------------------------------------------------------------------------

\1\ We assume for purposes of this discussion that, at a
temperature difference of 80 deg.F, an insulation level of R-12.5 is
equivalent to a heat loss rate of 6.5 Btu/h-ft\2\ of covered
surface. We note that ideally, however, for a flat surface insulated
to R-12.5 h deg.Fft\2\/Btu having a temperature
difference across it of 80 deg.F, the heat loss would be
approximately 6.4 Btu/h-ft\2\. For the walls of a cylinder, the heat
loss would vary depending on the radius of the cylinder and would
likely be greater than 6.5 Btu/h-ft\2\ unless the cylinder was quite
large--about 16 feet in diameter.
---------------------------------------------------------------------------

Consequently, the proposed rule provides that unfired hot water
storage tanks having capacities of 140 gallons or less must be tested
for heat loss. Moreover, the proposed test procedure takes the approach
that all losses must be included in determining the heat loss per
square foot of surface area. The proposed test procedure also requires
calculation of the heat loss per square foot of tank surface area that
would exist if the tank had no pipe penetrations or supports, i.e, of
the ``nominal surface area.'' As presented previously, the nominal
surface area is used here, because it includes the entire area of the
tank through which heat loss can occur. The Department believes that
this approach is consistent with section 342(a)(5)(F) of EPCA.
2. Unfired Hot Water Storage Tank Test Procedure
As indicated above, EPCA specifies in essence that the test
procedures for the products covered by this notice shall be those
referenced in ASHRAE/IES Standard 90.1. But since Standard 90.1
references no test procedure for unfired hot water storage tanks, none
is prescribed in EPCA.
At the October 1998 workshop, two methods were presented for
determining the heat loss of unfired hot water storage tanks. The first
method involves performing the standby loss test procedure on an
electric storage water heater utilizing an identical tank with
identical insulation and jacketing as that of the unfired storage tank
model, and performing the necessary calculations to determine heat loss
per square foot of tank surface area. The second method utilizes a
separate water heater connected to the unfired storage tank to charge
the storage tank before and after a standby loss test period.
Stakeholders present at the October 1998 workshop responded that they
favored the first method, and that the second method was unnecessary.
We agree with the comments from the October 1998 workshop
attendees, and are proposing the first method as the DOE test procedure
for determining the rate of heat loss per square foot of tank surface
area of unfired hot water storage tanks. We understand that typically a
manufacturer will sell a tank as an unfired storage tank, and also use
the same tank as part of an electric water heater. Therefore, it makes
sense to require the tank to be tested as part of a water heater.
Indeed, it appears that the same test used to rate the standby loss of
the water heater could be used to rate the heat loss of the unfired
storage tank. Thus, the proposed rule provides that the method of
testing an unfired storage tank would be to test an electric storage
water heater utilizing electric resistance heating as the energy
source, using the standby loss test procedure of ANSI Z21.10.3-1998.

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 we propose to implement these requirements for
commercial water heaters, hot water supply boilers, and unfired hot
water storage tanks. 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, our 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
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''

We have determined that today's proposed rule is not 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 is not subject to review
under the Executive Order by the Office of Information and Regulatory
Affairs in the Office of Management and Budget (OMB).

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, by law, an agency must propose for

[[Page 48861]]

public comment, unless it 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 3589, which includes commercial water
heaters, hot water supply boilers, and unfired hot water storage tanks,
along with other service industry machinery not elsewhere classified,
is 500. We estimate that approximately 25 firms manufacture water
heaters, hot water supply boilers, and unfired hot water storage tanks,
and the majority of these are small businesses. The number of small
businesses that manufacture commercial-sized equipment covered by the
EPACT standards could be smaller.
EPCA establishes efficiency standards for covered commercial
products and requires us to prescribe test procedures that are accepted
by industry and referenced in ASHRAE Standard 90.1. As EPCA specifies
the standards and virtually all of the test procedures incorporated in
today's proposed rule, the costs of complying with them are imposed by
EPCA and not the rule. Moreover, today's proposed rule simply codifies
testing procedures that are already generally employed by
manufacturers, both large and small.
The cost of meeting the requirements of the rule as proposed 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 EPCA and would consequently need to be redesigned or removed
from the market. Since most of 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. Those manufacturers who already test their products
for efficiency to assure that they meet the existing statutory
efficiency standards, or for any other reason, will not incur new costs
in complying with today's proposed rule. We believe that any
significant economic impact will fall only on companies 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 no discretion to apply different requirements to small
manufacturers. EPCA mandates uniform standards and test procedures for
commercial and industrial products, irrespective of the size of a
business. 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 certify that this 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 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. Agencies must have an
accountable process to ensure meaningful and timely input by state and
local officials in the development of regulatory policies that have
federalism implications. DOE published its intergovernmental
consultation policy on March 14, 2000 (65 FR 13735). The proposed rule
published today would not regulate the States. It would primarily
codify energy efficiency standards and test procedures already
established by EPCA for commercial water heaters, hot water supply
boilers, and unfired hot water storage tanks. We have determined that
today's proposed rule would 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 regulation
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 would primarily codify energy efficiency
standards and test procedures already established by EPCA for
commercial water heaters, hot water supply boilers, and unfired hot
water storage tanks. The proposed rule would not require any additional
reports or record-keeping. Accordingly, this action does not contain a
collection of information subject to OMB review under the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq.

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.

[[Page 48862]]

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), we 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 part 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 a commercial testing
standard referenced by ASHRAE/IES Standard 90.1-1989 for measuring the
efficiency of commercial water heaters and hot water supply boilers,
which EPCA requires be used. Because we have very limited discretion to
depart from a standard referenced in ASHRAE/IES 90.1, Section 32 of the
FEAA does not apply to it.
ASHRAE/IES Standard 90.1 does not, however, reference a test
procedure to measure the heat loss of unfired hot water storage tanks.
DOE proposes to require use of portions of ANSI Standard Z21.10.3-1998
to test this product. The Department has evaluated this standard and is
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, prior to prescribing a final rule, concerning
the impact on competition of requiring use of this standard to test
unfired hot water storage tanks.

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 an impact statement before
promulgating a rule that includes a Federal mandate that may result in
expenditure by state, local, and tribal governments, in the aggregate,
or by the private sector, of $100 million or more in any one year. The
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 our prior consultation
with elected representatives of state, local, and tribal governments
and a summary and evaluation of the comments and concerns presented.
DOE published a policy statement on intergovernmental consultation
under the unfunded mandates act on March 18, 1997 (62 FR 12820).
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 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, we have concluded that it is not necessary to prepare a
Family Policymaking Assessment.

K. Plain Language Directive

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.

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 rule to Ms. Brenda Edward-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. We will make our own determination with
regard to the confidential status of the information and treat it
according to that 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 issues, 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

[[Page 48863]]

beginning of this notice between the hours of 8:00 a.m. and 4:00 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. At our
discretion, we may still permit any person who cannot do this to
participate if that person has made alternative arrangements with the
Office of Building Research and Standards in advance. The request to
give an oral presentation should 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:
Commercial Water Heaters and Hot Water Supply Boilers--Definitions and
Coverage
Instantaneous water heaters
Hot water supply boilers
Heat pump water heaters
Waste heat recovery water heaters
Commercial Water Heaters--Test Procedures for the Measurement of Energy
Efficiency
Gas-fired water heaters
Oil-fired water heaters
Electric water heaters
Commercial Unfired Hot Water Storage Tanks
Exemption from and application of maximum heat loss
requirement
Unfired hot water storage tank test procedure
Other 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, we 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 will 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 July 18, 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 L is added to read as follows:
Subpart L--Commercial Water Heaters, Hot Water Supply Boilers and
Unfired Hot Water Storage Tanks
Sec.
431.451 Purpose and scope.
431.452 Definitions for commercial water heaters, hot water supply
boilers, and unfired hot water storage tanks.

Test Procedures

431.461 Materials incorporated by reference.
431.462 Uniform Test Method for the Measurement of Energy
Efficiency of Commercial Water Heaters and Hot Water Supply Boilers
(Other than Commercial Heat Pump Water Heaters).
431.463 Uniform Test Method for the Measurement of Energy
Efficiency of Commercial Heat Pump Water Heaters [Reserved].
431.464 Uniform Test Method for the Measurement of Energy
Efficiency of Commercial Unfired Hot Water Storage Tanks.

Energy Conservation Standards

431.471 Energy conservation standards and their effective dates.

Subpart L--Commercial Water Heaters, Hot Water Supply Boilers and
Unfired Hot Water Storage Tanks

Sec. 431.451 Purpose and scope.

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

[[Page 48864]]

Sec. 431.452 Definitions for commercial water heaters, hot water
supply boilers, and unfired hot water storage tanks.

For purposes of subparts I through P of this part, terms are
defined as provided for elsewhere in this part, in section 340 of the
Act, and as follows:
ASTM-D-2156-80 means the test standard published in 1980 by the
American Society of Testing and Measurements and titled Method for
Smoke Density in Flue Gases from Burning Distillate Fuels.
Gas means natural gas or propane as defined by the Federal Power
Commission.
Hot water supply boiler means a packaged boiler that,
(1) Has an input rating from 300,000 Btu/h to 12,500,00 Btu/h and
of at least 4,000 Btu/h per gallon of stored water,
(2) Is suitable for heating potable water, and
(3) Meets either or both of the following conditions:
(i) It has the temperature and pressure controls necessary for
heating potable water for purposes other than space heating, or
(ii) The manufacturer's product literature, product markings,
product marketing, or product installation and operation instructions
indicate that the boiler's intended uses include heating potable water
for purposes other than space heating.
Instantaneous water heater means a water heater that has an input
rating not less than 4,000 Btu per hour per gallon of stored water, and
that is a commercial HVAC & WH product.
Nominal tank surface area means the outside surface area of an
uninsulated tank or the jacket area of a jacketed storage tank. To
determine this area, assume that there are no holes or protrusions
within the main body of the tank or jacket.
R-value means the thermal resistance of insulating material as
determined based on ASTM Standard Test Method C177-97 or C518-91 and
expressed in ( deg.F deg.ft \2\ deg.h/Btu).
Standby loss means the average hourly energy required to maintain
the stored water temperature, expressed as a percentage (per hour) of
the heat content of the stored water and determined by the formula for
S given in Section 2.10 of ANSI Z21.10.3-1998.
Storage water heater means a water heater that heats and stores
water within the appliance at a thermostatically controlled temperature
for delivery on demand and that is a commercial HVAC & WH product. Such
term does not include units with an input rating of 4,000 Btu per hour
or more per gallon of stored water.
Tank surface area means, for the purpose of determining portions of
a tank requiring insulation, those areas of a storage tank, including
hand holes and manholes, in its uninsulated or pre-insulated state,
that do not have pipe penetrations or tank supports attached.
Thermal efficiency means the ratio of the heat transferred to the
water flowing through the water heater to the amount of energy consumed
by the water heater as measured during the thermal efficiency test
procedure prescribed in this subpart.
Unfired hot water storage tank means a tank used to store water
that is heated externally, and which is a commercial HVAC & WH product.

Test Procedures

Sec. 431.461 Materials incorporated by reference.

(a) General. 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.
(b) Test procedures incorporated by reference: American National
Standards Institute (ANSI) Standard Z21.10.3-1998, ``Gas Water Heaters,
Volume III, Storage Water Heaters with Input Ratings above 75,000 Btu
per Hour, Circulating and Instantaneous'', subsections entitled
``Method of Test'' of sections 2.9 and 2.10, sections 2.1.7, 2.3.3,
2.3.4 and 2.30, and Figure 3.
(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 Water Heaters, Hot Water Supply
Boilers, and Unfired Hot Water Storage Tanks,'' Docket No. EE-RM/TP-99-
480, 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/.
(d) Reference standards.
(1) General. The standards listed in this paragraph are referred to
in the DOE test procedures, and elsewhere, in this subpart L, but they
are not incorporated by reference. These sources are given here for
information and guidance.
(2) List of References. (i) ASTM Standard Test Method C518-91,
``Standard Test Method for Steady-State Heat Flux Measurements and
Thermal Transmission Properties by Means of the Heat Flow Meter
Apparatus.''
(ii) ASTM Standard Test Method C177-97, ``Standard Test Method for
Steady-State Heat Flux Measurements and Thermal Transmission Properties
by Means of the Guarded-Hot-Plate Apparatus.''
(iii) ASTM Standard Test Method D2156-80, ``Method for Smoke
Density in Flue Gases from Burning Distillate Fuels.''

Sec. 431.462 Uniform Test Method for the Measurement of Energy
Efficiency of Commercial Water Heaters and Hot Water Supply Boilers
(Other than Commercial Heat Pump Water Heaters).

(a) Scope. This section covers the test procedures you must follow
if, pursuant to EPCA, you are measuring the thermal efficiency or
standby loss, or both, of a storage or instantaneous water heater or
hot water supply boiler (other than commercial heat pump water
heaters).
(b) Testing and Calculations. Determine the energy efficiency of
each covered product by conducting the test procedure(s), set forth in
the two rightmost columns of the following table, that apply to the
energy efficiency descriptor(s) for that product:

[[Page 48865]]

----------------------------------------------------------------------------------------------------------------
Use test setup,
equipment and
Product Energy efficiency procedures in With these additional
descriptor subsection labeled stipulations
``Method of Test'' of
----------------------------------------------------------------------------------------------------------------
Gas-fired Storage and Instantaneous Thermal Efficiency..... ANSI Z21.10.3-1998, None.
Water Heaters and Hot Water Supply Sec. 2.9.
Boilers.
Standby Loss........... ANSI Z21.10.3-1998,
Sec. 2.10.
Oil-fired Storage and Instantaneous Thermal Efficiency..... ANSI Z21.10.3-1998, (1) Connect a vertical
Water Heaters and Hot Water Supply Sec. 2.9. length of flue pipe to
Boilers. the flue gas outlet of
sufficient height so
as to meet the minimum
draft specified by the
manufacturer.
(2) Adjust the burner
rate so that (a) the
hourly Btu input rate
lies within 2% of the
manufacturer's
specified input rate,
(b) the CO2 reading
shows the value
specified by the
manufacturer, (c)
smoke in the flue does
not exceed No. 1 smoke
as measured by the
procedure in ASTM-D-
2156-80, and (d) fuel
pump pressure lies
within 1%
of manufacturer's
specifications.
Standby Loss........... ANSI Z21.10.3-1998,
Sec. 2.10.
Electric Storage and Instantaneous Standby Loss........... ANSI Z21.10.3-1998, (1) Assume that the
Water Heaters. Sec. 2.10. thermal efficiency
(Et) of electric water
heaters with immersed
heating elements is 98
percent.
(2) Maintain the
electrical supply
voltage to within
1% of the
center of the voltage
range specified on the
water heater
nameplate.
(3) If the set up
includes multiple
adjustable
thermostats, set the
highest one first to
yield a maximum water
temperature in the
specified range as
measured by the
topmost tank
thermocouple. Then set
the lower
thermostat(s) to yield
a maximum mean tank
temperature within the
specified range.
----------------------------------------------------------------------------------------------------------------

Sec. 431.463 Uniform Test Method for the Measurement of Energy
Efficiency of Commercial Heat Pump Water Heaters. [Reserved]

Sec. 431.464 Uniform Test Method for the Measurement of Energy
Efficiency of Commercial Unfired Hot Water Storage Tanks.

(a) Scope.
This section covers the test procedures you must follow if,
pursuant to EPCA, you are measuring the heat loss per square foot of
tank surface area of an unfired hot water storage tank.
(b) Test Method. You must use the test setup, equipment and
procedures from the subsection entitled Method of Test of section 2.10
in ANSI Z21.10.3-1998, with the following additional stipulations:
(1) Use an electric water heater whose size, thickness and type of
insulation, and jacketing are identical to that of the unfired storage
tank.
(2) Maintain the electrical supply voltage to within 1%
of the center of the voltage range specified on the water heater
nameplate.
(3) If the set up for that water heater includes multiple
adjustable thermostats, set the highest one first to yield a maximum
water temperature in the specified range as measured by the topmost
tank thermocouple. Then set the lower thermostat(s) to yield a maximum
mean tank temperature within the specified range.
(4) Use the value of 98 percent for Ett for the
calculation of the standby loss.
(c) Calculations. (1) Calculate the difference in internal energy
of the tank water volume based on the mean tank temperature, at the
beginning and end of the test, Qdiff, in Btu as follows:
[GRAPHIC] [TIFF OMITTED] TP09AU00.000

Where,

K = 8.25 Btu per gallon deg.F, the nominal specific heat of water,
Va = tank capacity expressed in gallons, as determined under
section 2.30 of ANSI Z21.10.3-1998, and
T4 = difference between the final and initial mean
tank temperatures, deg.F.

(2) Determine the rate of heat loss per square foot of nominal tank
surface area, Qloss, in Btu/h-ft\2\ as follows:
[GRAPHIC] [TIFF OMITTED] TP09AU00.001

Where,

Ec = electrical energy consumption as presented in section
2.10 of ANSI Z21.10.3-1998,
As = nominal tank surface area (ft\2\,
t = 98 percent, the assumed recovery efficiency
for electric water heaters with immersed heating elements, and
t = duration of standby loss test as defined in section 2.10 of ANSI
Z21.10.3-1998.

[[Page 48866]]

Energy Conservation Standards

Sec. 431.471 Energy conservation standards and their effective dates.

Each commercial storage water heater, instantaneous water heater,
and unfired hot water storage tank manufactured on or after January 1,
1994, and each hot water supply boiler manufactured 30 days or more
after [publication date of the final rule],\1\ must meet the applicable
energy conservation standard level(s) as follows:
---------------------------------------------------------------------------

\1\ The following provisions apply to a hot water supply boiler
manufactured before [publication date of the final rule]: (1) if it
was manufactured before January 28, 1998, it must meet the
applicable requirements for a ``commercial packaged boiler'' under
subpart K of this part; (2) if it was manufactured on or after
January 28, 1998, and is a commercial packaged boiler, as defined in
subpart K of this part, it must meet the requirements that apply to
it under that subpart; (3) if it was manufactured on or after
January 28, 1998, and is not a commercial packaged boiler, as
defined in subpart K of this part, it must either meet the
requirements listed in this section or the requirements for a
``commercial packaged boiler'' in subpart K of this part.
---------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
Energy efficiency Energy conservation
Product Size descriptor standard
----------------------------------------------------------------------------------------------------------------
Electric storage water heaters..... All................... Standby Loss ^a (in %/ Maximum of 0.30 + (27/
hr). Measured Storage Volume
[in gallons]).
Gas-fired and oil-fired storage 155,000 Btu/ Standby Loss ^a (in %/ Maximum of 1.30 + (114/
water heaters. h input. hr). Measured Storage Volume
[in gallons]).
.................... Thermal Efficiency.... Minimum of 78%.
>155,000 Btu/h input.. Standby Loss ^a (in %/ Maximum of 1.30 + (95/
hr). Measured Storage Volume
[in gallons]).
.................... Thermal Efficiency.... Minimum of 78%.
Instantaneous water heaters; or hot 10 gallons storage Thermal Efficiency.... Minimum of 80%.
water supply boilers. volume.
10 gallons Thermal Efficiency.... Minimum of 77%.
storage volume.
.................... Standby Loss ^a (in %/ Maximum of 2.30 + (67/
hr). Measured Storage Volume
[in gallons]).
Unfired hot water storage tank..... 140 gallons Heat Loss............. Maximum of 6.5 Btu/h per
storage volume. ft\2\ of the nominal tank
surface area.
>140 gallons ^b storage Heat Loss ^b........... Maximum of 6.5 Btu/h per
volume. ft\2\ of the nominal tank
surface area.
.................... Thermal Insulation Minimum of R-12.5 over the
Level ^b. tank surface area.
----------------------------------------------------------------------------------------------------------------
^a Storage and instantaneous water heaters having more than 140 gallons of storage capacity need not meet the
standby loss requirement if the tank surface area is thermally insulated to R-12.5 or more and if a standing
pilot light is not used.
^b Only one of the two requirements (i.e., either the heat loss requirement or the thermal insulation
requirement) must be met.

[FR Doc. 00-19722 Filed 8-8-00; 8:45 am]
BILLING CODE 6450-01-P

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