[Federal Register Volume 65, Number 154 (Wednesday, August 9, 2000)]
[Proposed Rules]
[Pages 48852-48866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19722]


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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 
WordPerfectTM 8.
    We will hold a public hearing (workshop) on September 20, 2000, in 
Washington, DC. Please send requests to speak at the workshop so that 
we receive them by 4:00 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 (WordPerfectTM 8) of each statement.

ADDRESSES: Please submit written comments, oral statements, and 
requests to speak at the workshop to Brenda Edwards-Jones, U.S. 
Department of Energy, Office of Energy Efficiency and Renewable Energy, 
EE-41, Docket No. EE-RM/TP-99-480, 1000 Independence Avenue, SW, 
Washington, DC 20585. You may send email to: [email protected]. 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: [email protected], 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: [email protected].

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