[Federal Register Volume 59, Number 249 (Thursday, December 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32113]


[[Page Unknown]]

[Federal Register: December 29, 1994]


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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. F-076]

 

Energy Conservation Program for Consumer Products: Denial of 
Glowcore Corporation's Application for Interim Waiver and Publishing 
the Company's Petition for Waiver From the DOE Furnace Test Procedure.

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

ACTION: Notice.

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SUMMARY: Today's notice publishes a letter denying an Interim Waiver to 
GlowCore Corporation (GlowCore) from the existing Department of Energy 
(DOE) test procedure regarding the measurement of hot water boiler 
energy consumption for the company's GB series of condensing boilers.
    Today's notice also publishes a ``Petition for Waiver'' from 
GlowCore. GlowCore's Petition for Waiver requests DOE to grant relief 
from the DOE furnace test procedure relating to the measurement of hot 
water boiler energy consumption. GlowCore states that because of a 
special design feature on the heat exchanger, burner, and combustion 
blower, its GB series of condensing hot water boilers can withstand the 
corrosive effects of condensate, and can be operated at a hot water 
return temperature of 80 deg.F, instead of the 120 deg.F specified in 
the DOE Furnaces/Boilers Test procedure, resulting in an efficiency 
improvement of 5 percent.
    DOE is soliciting comments, data, and information respecting the 
Petition for Waiver.

DATES: DOE will accept comments, data, and information not later than 
January 30, 1995.

ADDRESSES: Written comments and statements shall be sent to: Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Case No. 
F-076, Mail Stop EE-43, Room 5E-066, Forrestal Building, 1000 
Independence Avenue, S.W., Washington, DC 20585, (202) 586-7574.

FOR FURTHER INFORMATION CONTACT: Cyrus H. Nasseri, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Mail Station 
EE-431, Forrestal Building, 1000 Independence Avenue, S.W., Washington, 
DC 20585, (202) 586-9138.

Eugene Margolis, Esq., U.S. Department of Energy, Office of General 
Counsel, Mail Station GC-72, Forrestal Building, 1000 Independence 
Avenue, S.W., Washington, DC 20585, (202) 586-9507.

SUPPLEMENTARY INFORMATION: The Energy Conservation Program for Consumer 
Products (other than automobiles) was established pursuant to the 
Energy Policy and Conservation Act (EPCA), Public Law 94-163, 89 Stat. 
917, as amended by the National Energy Conservation Policy Act (NECPA), 
Public Law 95-619, 92 Stat. 3266, the National Appliance Energy 
Conservation Act of 1987 (NAECA), Public Law 100-12, the National 
Appliance Energy Conservation Amendments of 1988 (NAECA 1988), Public 
Law 100-357, and the Energy Policy Act of 1992 (EPAct), Public Law 102-
486, 106 Stat. 2776, which requires DOE to prescribe standardized test 
procedures to measure the energy consumption of certain consumer 
products, including furnaces. The intent of the test procedures is to 
provide a comparable measure of energy consumption that will assist 
consumers in making purchasing decisions. These test procedures appear 
at 10 CFR Part 430, Subpart B.
    The Department amended the prescribed test procedures by adding 10 
CFR 430.27 on September 26, 1980, creating the waiver process. 45 FR 
64108. Thereafter, DOE further amended the appliance test procedure 
waiver process to allow the Assistant Secretary for Energy Efficiency 
and Renewable Energy (Assistant Secretary) to grant an Interim Waiver 
from test procedure requirements to manufacturers that have petitioned 
DOE for a waiver of such prescribed test procedures. 51 FR 42823, 
November 26, 1986.
    The waiver process allows the Assistant Secretary to waive 
temporarily, test procedures for a particular basic model when a 
petitioner shows that the basic model contains one or more design 
characteristics which prevent testing according to the prescribed test 
procedures, or when the prescribed test procedures may evaluate the 
basic model in a manner so unrepresentative of its true energy 
consumption as to provide materially inaccurate comparative data. 
Waivers generally remain in effect until final test procedure 
amendments become effective, resolving the problem that is the subject 
of the waiver.
    The Interim Waiver provisions added by the 1986 amendment allow the 
Secretary to grant an Interim Waiver when it is determined that the 
applicant will experience economic hardship if the Application for 
Interim Waiver is denied, if it appears likely that the Petition for 
Waiver will be granted, and/or the Assistant Secretary determines that 
it would be desirable for public policy reasons to grant immediate 
relief pending a determination on the Petition for Waiver. An Interim 
Waiver remains in effect for a period of 180 days, or until DOE issues 
its determination on the Petition for Waiver, whichever is sooner, and 
may be extended for an additional 180 days, if necessary.
    On April 4, 1994, GlowCore filed an Application for Interim Waiver 
regarding measurement of hot water boiler energy consumption. 
GlowCore's application seeks an Interim Waiver from the DOE test 
provisions that require a boiler return temperature of 120 deg.F. 
Instead, GlowCore requests the allowance to test using 80 deg.F hot 
water return temperature when testing its GB series of condensing 
boilers. GlowCore states that the 80 deg.F return temperature fits 
radiant in-floor heating systems that require less than 100 deg.F floor 
temperatures and 80 deg.F return temperatures. Glowcore claims that the 
120 deg.F specified by the DOE test procedure is too high for this 
application. Glowcore claims that the return temperature of 80 deg.F 
results in an efficiency improvement of approximately 5 percentage 
points. Since the current DOE test procedure does not address a water 
return temperature of 80 deg.F, GlowCore asks that the Interim Waiver 
be granted.
    The Department's regulations allow for a manufacturer to receive an 
interim waiver if it is determined that economic hardship will result, 
it is likely that the Petition for Waiver will be granted, and/or it is 
desirable from a public policy perspective. Based on the Department's 
review of GlowCore's request, DOE believes that none of these 
conditions exist. In its Application, Glowcore seeks an Interim Waiver 
from the existing test procedure which requires a hot water boiler 
return temperature of 120 deg.F. Glowcore did not provide sufficient 
information for the Department to evaluate what, if any, economic 
hardship the company will likely experience absent a favorable 
determination on the Application. The company stated that the GB series 
boilers can be listed with an asterisk with the higher AFUE when used 
as sources for in-floor radiant heat, and other low temperature heat 
usages at 80 deg.F return water temperatures. Based on this statement, 
DOE cannot determine whether Glowcore will experience competitive 
hardship if the Application is denied. Further, the Department cannot 
state at this time the likelihood that the Petition for Waiver will be 
granted based on the facts presented since this is a matter of first 
impression. Also, there are no public policy reasons put forth by 
applicant to cause DOE to grant immediate relief.
    Therefore, Glowcore's Application for an Interim Waiver regarding 
return hot water temperature for its GB series of condensing boilers is 
denied.
    Pursuant to paragraph (e) of Sec. 430.27 of the Code of Federal 
Regulations Part 430, the following letter denying the Application for 
Interim Waiver was sent to GlowCore.
    Pursuant to paragraph (b) of 10 CFR Part 430.27, DOE is hereby 
publishing the ``Petition for Waiver'' in its entirety. The petition 
contains no confidential information. DOE solicits comments, data, and 
information respecting the petition. In particular, DOE is interested 
in obtaining information on the following:
     The particular design feature of the heat exchanger, 
burner, and combustion blower which allows Glowcore's GB series boilers 
to operate at lower water temperatures (80 deg.F), and withstand the 
corrosive effects of the condensate from the burning of natural and 
L.P. gases;
     The particular market niche for this type of boiler.

    Issued in Washington, DC, on December 21, 1994.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Department of Energy

Washington, DC, December 21, 1994.

Mr. Dave Lackstrom, Product Engineer, GlowCore Corporation, P.O. Box 
360591, Cleveland, OH 44136-0010

    Dear Mr. Lackstrom: This is in response to your letter of April 
4, 1994, regarding an Application for Interim Waiver, and Petition 
for Waiver from the Department of Energy (DOE) test procedure 
concerning measurement of hot water boiler energy consumption for 
the GlowCore Corporation (GlowCore) GB series of condensing boilers.
    In the Application, GlowCore seeks an Interim Waiver from the 
existing test procedure which requires a hot water boiler return 
temperature of 120 deg.F. GlowCore did not provide sufficient 
information for the Department to evaluate what, if any, economic 
hardship it will likely experience absent a favorable determination 
on the Application. The company stated that GB series boilers can be 
listed with an asterisk with the higher AFUE when used as sources 
for in-floor radiant heat, and other low temperature heat usages at 
80 deg.F return water temperatures. Based on this statement, DOE 
cannot determine whether GlowCore will experience competitive 
hardship if the Application is denied. Further, the Department 
cannot state at this time the likelihood that the Petition for 
Waiver will be granted based on the facts presented since this is a 
matter of first impression. Also, there are no public policy reason 
put forth by GlowCore to cause DOE to grant immediate relief.
    Therefore, GlowCore's Application for an Interim Waiver 
regarding return hot water temperature for its GB series of 
condensing boilers is denied.
    Pursuant to paragraph (b) of 10 CFR Part 430.27, DOE will 
publish the ``Petition for Waiver'' in the Federal Register, and 
solicit comment, data, and information concerning the Petition. In 
particular, DOE is interested in obtaining information on the 
following:
     The particular design feature of the heat exchanger, 
burner, and combustion blower which allows GlowCore's GB series 
boilers to operate at lower water temperatures (80 deg.F), and 
withstand the corrosive effects of the condensate from the burning 
of natural and L.P. gases;
     The particular market niche for this type of boiler.
    Best regards,

Christine A. Ervin, Assistant Secretary, Energy Efficiency and 
Renewable Energy.

GlowCore Corporation

Cleveland OH, April 4, 1994.

Assistant Secretary, Conservation & Renewable Energy, United States 
Department of Energy, 1000 Independence Ave., S.W.; Washington, D.C. 
20585

SUBJECT: PETITION FOR WAIVER AND APPLICATION OF INTERIM WAIVER

    Gentlemen: This is a petition for waiver and application of 
interim waiver submitted pursuant to Title CFR 430.27. Waiver is 
requested from the test procedures for measuring hot water boiler 
energy consumption.
    The current test procedures for condensing hot water boilers 
states that the flow rate shall be adjusted to produce a water 
temperature rise during the steady state test which is between 19.5 
and 20.5 F. During the steady state and heat up tests, the 
condensing boiler shall be supplied with return water having a 
temperature of 120 F. The maximum permissible variation of the 
return water temperature from the required value during the steady 
state and heat up tests shall not exceed plus or minus 2 F., except 
during the first 30 seconds after start up when it shall not exceed 
plus or minus 10 F., and between 30 and 60 seconds after start up it 
shall not exceed plus or minus 5 F. (8.4.2.3.2 of ANSI 103-1988).
    GlowCore's GB series boilers are class IV, Condensing, Direct 
Vent, with Forced Air Combustion. They produce low NOx values 
and high efficiencies. Many years of development time and money was 
required so all components of the heat exchanger, burner, and 
combustion blowers can withstand the corrosive effects of the 
condensate from the burning of Natural and L.P. gasses. These 
boilers can operate at the lower water temperatures that would 
destroy typical cast iron, steel, or cooper heat exchangers and 
combustion chambers.
    These boilers therefore have a particular niche application for 
radiant in-floor heating systems that require less than 100 F. floor 
temperatures with 80 F. return water temperature. The test specified 
120 F. return water temperature is too high for this application. 
All other types of boiler construction must use thermal by-passes to 
insure that their heat exchangers do not condense and corrode.
    We petition that our GB series boilers can be listed with an 
asterisk with the higher AFUE, when used a sources for in-floor 
radiant heat and other low temperature heat usages at 80 F. return 
water temperatures.
    An Engineering Report No. 109-ANSI-ASHRAE/103-1988 was prepared 
for us by AGA Laboratories, Cleveland, Ohio 44136, with 80 F. return 
water temperatures. It was determined that 80 F. return water 
temperature increases the efficiency approximately 5% from that of 
120 F. return water. Report enclosed.
    Sincerely,

Dave Lackstrom, Product Engineer, GlowCore Corporation

    Enclosure.

[FR Doc. 94-32113 Filed 12-28-94; 8:45 am]
BILLING CODE 6450-01-P