[Federal Register Volume 69, Number 203 (Thursday, October 21, 2004)]
[Rules and Regulations]
[Pages 61949-61962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17730]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 431

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


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

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

ACTION: Final rule.

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SUMMARY: Pursuant to Part C of title III of the Energy Policy and 
Conservation Act (EPCA), the Department of Energy (DOE or the 
Department) promulgates a rule prescribing test procedures to rate the 
energy efficiency of commercial packaged boilers and definitions 
relevant to this equipment. The rule also recodifies energy 
conservation standards prescribed by EPCA for commercial packaged 
boilers so that they are located contiguous with the test procedures 
that DOE promulgates today.

DATES: This rule is effective November 22, 2004. The incorporation by 
reference of certain publications listed in this rule is approved by 
the Director of the Federal Register as of November 22, 2004.

FOR FURTHER INFORMATION CONTACT: Mohammed Khan, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Mail Station, 
EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 586-
7892, FAX (202) 586-4617, e-mail: [email protected], or Francine 
Pinto, Esq., U.S. Department of Energy, Office of General Counsel, Mail 
Station, GC-72, 1000 Independence Avenue, SW., Washington, DC 20585, 
(202) 586-9507, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: This final rule incorporates, by reference, 
into Subpart E of Part 431, two test procedures contained in industry 
standards referenced by the American Society of Heating, Refrigerating 
and Air-Conditioning Engineers, Inc. (ASHRAE) and the Illuminating 
Engineering Society of North America (IES) Standard 90.1 (``ASHRAE/IES 
Standard 90.1'') for commercial packaged boilers. Those industry 
standards are: the Hydronics Institute (HI) Division of the Gas 
Appliance Manufacturer's Association (GAMA) Boiler Testing Standard 
BTS-2000, ``Method to Determine Efficiency of Commercial Space Heating 
Boilers'' (which supersedes the ASHRAE Standard 90.1 referenced 1989 HI 
Standard, ``Testing and Rating Standard for Heating Boilers,'' 6th 
Edition, 1989); and American Society of Mechanical Engineers (ASME) PTC 
4.1-1964/RA-1991, ``Power Test Codes for Steam Generating Units.''
    You can view copies of these standards in the resource room of the 
Building Technologies Program, room 1J-018 at the U.S. Department of 
Energy, 1000 Independence Avenue, SW., Washington, DC 20585, between 
the hours of 9 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays. Please call Ms. Brenda Edwards-Jones at (202) 586-2945, for 
additional information regarding visiting the resource room.
    You can purchase copies of the HI Standard BTS-2000 from Hydronics 
Institute Division of GAMA, P.O. Box 218, Berkeley Heights, NJ 07922, 
http://www.gamanet.org/publist/ hydroordr.htm; and Standards ANSI 
Z21.47-1998 and UL 727-1994 from Global Engineering Documents, 15 
Inverness Way East, Englewood, CO 80112, http://global.ihs.com/ 
respectively.

[[Page 61950]]

I. Introduction
    A. Authority
    B. Background
    C. Summary of the Final Rule
II. Discussion
    A. General
    B. Commercial Packaged Boilers: Definitions and Scope of 
Coverage
    1. Definitions--General
    a. Background
    b. Meaning of Terms Used
    2. Method of Shipment and Assembly
    3. Application
    4. Capacity
    5. High Pressure Steam and High Temperature Water Boilers
    C. Commercial Packaged Boiler Test Procedures for the 
Measurement of Energy Efficiency
    1. Test Procedure and Test Conditions for Low Pressure Steam and 
Hot Water Boilers
    2. Provisions for Condensing Boilers
    3. Modular Boilers and Multiple Boilers
    4. Outdoor Boilers
    D. Effect of Amended Test Procedure on Measured Energy 
Efficiency
III. Procedural Requirements
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act
    D. Review Under the National Environmental Policy Act
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Uniform Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under the Treasury and General Government 
Appropriations Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Congressional Notification
    N. Approval by the Office of the Secretary

I. Introduction

A. Authority

    Title III of the Energy Policy and Conservation Act (EPCA) sets 
forth a variety of provisions designed to improve energy efficiency. 
Part B of title III (42 U.S.C. 6291-6309) provides for the ``Energy 
Conservation Program for Consumer Products other than Automobiles.'' 
Part C of Title III (42 U.S.C. 6311-6317) provides for a program 
similar to Part B which is entitled ``Certain Industrial Equipment'' 
and which includes commercial air conditioning equipment, packaged 
boilers, water heaters, and other types of commercial equipment.
    DOE publishes today's final rule pursuant to Part C which 
specifically provides for definitions, test procedures, labeling 
provisions, energy conservation standards, and authority to require 
information and reports from manufacturers. See 42 U.S.C. 6311-6317. 
With regard to test procedures, Part C generally 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 equipment for 
which EPCA prescribes energy conservation standards, including 
commercial packaged boilers, this statute provides that ``the test 
procedures shall be those generally accepted industry testing 
procedures or rating procedures developed or recognized by the Air-
Conditioning and Refrigeration Institute or 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 
is amended, DOE must revise its test procedures 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 such 
equipment, 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 any covered commercial equipment, such as 
a commercial packaged boiler, is prescribed, no manufacturer, 
distributor, retailer or private labeler may make any representation in 
writing or in broadcast advertisement respecting the energy consumption 
or cost of energy consumed by such equipment, 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, under the terms of Part C of title III of EPCA, the Secretary 
is authorized to require manufacturers of covered commercial products 
to submit information and reports for a variety of purposes, including 
ensuring compliance with requirements. See 42 U.S.C. 6316(b)(1).

B. Background

    DOE began implementation of Part C of title III of EPCA by 
establishing 10 CFR part 431. Part 431 is entitled ``Energy Efficiency 
Program for Certain Commercial and Industrial Equipment.'' Eventually, 
part 431 will include commercial heating, air conditioning and water 
heating products. It will consist of: Test procedures, Federal energy 
conservation standards, labeling, and certification and enforcement 
procedures. Today DOE proposes amendments to part 431 in order further 
to implement Part C of title III of EPCA.
    As a first step in the process that led to today's final rule, DOE 
convened public workshops on April 14 and 15, 1998, and October 18, 
1998, to solicit views and information from interested persons to aid 
in developing proposed rules that would address test procedures, 
certification and enforcement procedures, and EPCA's coverage for this 
equipment. The workshop discussions and comments focused on the 
following issues for packaged boilers specifically:
    (1) The definition of commercial packaged boiler;
    (2) Whether the efficiency standards and test procedures prescribed 
by EPCA apply only to boilers used in certain applications, to boilers 
below a certain capacity, and to low pressure boilers;
    (3) The test procedures to be adopted;
    (4) Adoption of separate testing provisions for condensing boilers, 
modular boilers, multiple boilers, or boilers designed for low 
temperature applications; and
    (5) Testing and rating of a boiler designed for both steam and hot 
water applications.
    After considering both oral and written comments, on August 9, 
2000, DOE published a Notice of Proposed Rulemaking and Public Hearing 
(``proposed rule'' or ``NOPR'') (65 FR 48838) to implement the energy 
efficiency standards and test procedures mandated by EPCA for 
commercial packaged boilers. 65 FR 48838. The NOPR requested data, 
comments, and information regarding the proposed regulations. DOE 
conducted a public workshop/hearing (the public hearing) on September 
20, 2000, to receive oral comments, and DOE also accepted written 
comments. In formulating today's final rule, DOE considered these 
comments and have incorporated recommendations where appropriate. 
Section II below discusses the comments that questioned or disagreed 
with the Department's positions as presented in the NOPR.
    Energy conservation standard levels were not at issue in these 
proceedings. The NOPR merely proposed to recodify into the Department's 
regulations on efficiency requirements for commercial packaged boilers 
the energy conservation standard levels that had been established in 42 
U.S.C. 6313(a) of EPCA for this equipment.

[[Page 61951]]

C. Summary of the Final Rule

    Today's final rule incorporates the following for commercial 
packaged boilers: (1) Clarification of EPCA's definition and coverage, 
(2) energy efficiency test procedures, and (3) energy conservation 
standards. The commercial packaged boilers covered under today's final 
rule: (1) Are low pressure steam and hot water heating boilers (steam 
boilers with a pressure of 15 psi gauge (psig) or less and hot water 
boilers with a pressure of 160 psig or less and water temperature of 
250[deg] F or less), (2) having a rated maximum input capacity of 
300,000 Btu per hour (Btu/hr) or more, and (3) that are, ``to any 
significant extent,'' distributed in commerce for the heating, space 
conditioning or service water heating in buildings. High pressure steam 
and high temperature water boilers (steam boilers with a pressure 
higher than 15 psig, and water boilers with a pressure above 160 psig 
or a water temperature exceeding 250[deg] F, or both) are not covered 
by the test procedures and standards in today's rule. This final rule 
also provides, in essence, that the person or entity that specifies the 
major component parts used in an assembled boiler is responsible for 
the boiler's compliance with EPCA efficiency requirements.
    Today's final rule incorporates the test procedures contained in 
the commercial boiler testing standard HI BTS-2000 from the Hydronics 
Institute Division of GAMA (Incorporated by reference, see Sec.  
431.85) (including its provisions for testing condensing boilers) to 
determine the energy efficiency of commercial packaged boilers under 
EPCA. And the rule allows, as an alternative during a two year 
transition period, the use of ASME PTC 4.1-1964 (R1991) to test steel 
boilers under EPCA, since many manufacturers have traditionally used 
that procedure to test such boilers.
    Finally, so that the efficiency test procedures and standards for 
commercial packaged boilers will be in the same place in our 
regulations, this rule recodifies elsewhere in part 431 the minimum 
energy efficiency levels prescribed in 42 U.S.C. 6313(a) of EPCA.\1\ 
Also, because DOE is combining in 10 CFR part 431 the existing 
requirements for electric motors with the new requirements for 
commercial equipment such as packaged boilers, DOE is placing today's 
new rules in Subpart E rather than in Subpart K as proposed in the 
NOPR, using different section numbers than it proposed.
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    \1\ These efficiency levels are under review by the Department 
as discussed in the notice of final rulemaking for commercial 
equipment, entitled, ``Energy Efficiency Program for Commercial and 
Industrial Equipment: Efficiency Standards for Commercial Heating, 
Air Conditioning and Water Heating Equipment,'' 66 FR 3336, 3349-
3352 (January 12, 2001).
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II. Discussion

A. General

    Representatives of eight organizations, comprising trade 
associations (the American Gas Association and GAMA), manufacturers 
(A.O. Smith Water Products Co. and Bock Water Heaters), private 
research/consulting entities (the Gas Technology Institute (GTI), 
Arthur D. Little Inc. (ADL), and BR Laboratories, Inc. (BR Labs)), and 
a state government energy agency (the California Energy Commission 
(CEC)), attended the public hearing on September 20, 2000. The American 
Society of Testing and Materials (ASTM) did not attend the public 
hearing but submitted written comments. GAMA and CEC also submitted 
written statements in advance of the hearing.
    The following summarizes the issues addressed in the preamble of 
the NOPR and discusses in detail the points on which significant 
comments were presented during and after the public hearing.

B. Commercial Packaged Boilers: Definitions and Scope of Coverage

1. Definition--General
a. Background
    EPCA defines ``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)) As discussed in the NOPR and as further discussed 
below, ASHRAE/IES Standard 90.1-1989, refers to five test standards for 
commercial heating boilers. The definitions for packaged boiler or 
boiler assembly in three of the four standards are essentially the same 
as, but not identical to, EPCA's definition with respect to the heating 
equipment and controls. The fourth standard defines only the type of 
low-pressure boilers that it covers and the fifth does not define 
packaged boilers.
    The NOPR discussed in detail whether EPCA's efficiency requirements 
for commercial packaged boilers apply only to certain types of boilers 
based on their method of shipment and assembly, application (e.g., 
space heating/conditioning, service water heating, industrial 
processing, and utility applications), capacity (size), and operating 
characteristics (e.g., low pressure steam and hot water heating 
boilers, high temperature hot water boilers, and high pressure steam 
boilers). The Department's proposed resolution of these issues was 
reflected in the NOPR's proposed definitions of ``commercial packaged 
boiler'' and ``packaged boiler.'' The issues were further addressed in 
comments on the NOPR, which are discussed below in the following 
subsections: method of shipment and assembly; application; capacity; 
and high pressure steam and high temperature water boilers. But first 
the Department addresses comments that raised questions as to the 
meaning of terms used in the NOPR's definition of ``commercial packaged 
boiler.''
b. Meaning of Terms Used
    GAMA suggested that in the NOPR's definition for ``commercial 
packaged boiler'' (proposed Sec.  431.352), the phrase ``capacity of 
300,000 Btu/hr or more'' should be replaced with ``input rating of 
300,000 Btu/hr or more.'' GAMA stated that the word ``capacity'' is 
imprecise because it specifies neither input nor output. (GAMA, No. 2EE 
at p. 1). At the public hearing, GAMA explained that ``capacity'' in 
this context has more than one meaning. It means the output capacity to 
most people, but could mean input to a minor segment of the industry. 
GAMA stated that, as used in the definition, however, the 300,000 Btu/
hr value should be the input rating of the boiler. Otherwise commercial 
boilers with input ratings of approximately 300,000 to 375,000 Btu/hr 
would not be covered by the proposed Federal regulations, since those 
boilers would have an output capacity of less than 300,000 Btu/hr. 
(GAMA, Tr. 35-38). CEC supported GAMA's suggestion, stating in part 
that the rated input has always been: (1) Used to define the size of 
gas appliances in the ANSI Z21 series of standards, (2) intended as the 
basis for defining capacity in ASHRAE/IES Standard 90.1, and (3) what 
the State of California believes is the basis for preemption of state 
efficiency requirements. (CEC, Tr. 35, 39). BR Laboratories, Inc. 
supported GAMA's position. (BR Labs., Tr. 39).
    For a number of reasons, the Department agrees with the above 
comments that it should define ``capacity'' in terms of input rating. 
First, we accept the representations that rated input has been the 
capacity measure for differentiating efficiency requirements in 
voluntary standards. Particularly relevant here is that ASHRAE/IES 
Standard 90.1-1989 delineated categories of boilers (and prescribed 
efficiency requirements) by reference to the 300,000 Btu/hr value, 
without mentioning input or output,

[[Page 61952]]

whereas the corresponding portion of Standard 90.1-1999 explicitly 
states that such size categories are based on ``input.'' We believe 
this change was designed to clarify rather than alter the scope of the 
applicable efficiency requirements. Because EPCA's efficiency 
requirements for commercial boilers are based on these same provisions 
in ASHRAE 90.1, and also use the 300,000 Btu/hr level as a cut-off for 
differentiating efficiency requirements, ASHRAE's categorization of 
commercial boiler sizes by reference to input strongly suggests that 
boiler ``capacity'' in EPCA means input capacity. Second, the 
Department believes that, because EPCA provides efficiency standards 
for boilers that are consumer (residential) products if they have an 
``input rate'' of less than 300,000 Btu/hr, (42 U.S.C. 6291-6292), the 
``capacity'' of commercial boilers to which Section 342(a)(4) of EPCA 
refers is also the input rate. To begin with, the most reasonable 
construction of EPCA is that the capacities of residential and 
commercial boilers must be measured in a uniform manner under the 
statute. If the term ``capacity'' in EPCA were construed as providing 
standards for commercial boilers with an output rate of 300,000 BTU/hr 
or more, there would be a gap between the capacities of the largest 
consumer boiler and the smallest commercial boiler for which EPCA 
prescribes standards. We do not believe Congress intended such a 
result.
    For these reasons, we construe the term ``capacity,'' as applied to 
commercial packaged boilers in section 42 U.S.C. 6313(a)(4)(C)-(D) of 
EPCA, to mean the rated input not the output capacity. To clarify this 
point, we are including in our definition of ``commercial packaged 
boiler,'' in 10 CFR 431.82, the parenthetical ``(rated maximum input)'' 
to modify the term ``capacity.''
    CEC suggested that we delete the phrases ``HVAC & WH product'' and 
``to any significant extent'' from the proposed definition of 
``commercial packaged boiler.'' (CEC, No. 6 at pp. 3 and 5). DOE 
believes that it should not simply delete the term ``HVAC & WH 
product'' from this definition, but should instead replace it in the 
final rule. The Department proposed to include ``HVAC & WH product'' in 
the definition of ``commercial packaged boiler'' in order to 
incorporate by reference the qualifications set forth in EPCA's 
definition of ``industrial equipment.'' (42 U.S.C. 6311(2)(A)) 
Therefore, to clarify the regulatory language and respond to CEC's 
comments the definition of ``commercial packaged boiler'' in today's 
final rule includes the term ``industrial equipment,'' in place of 
``HVAC & WH product,'' and we will incorporate the EPCA definition of 
``industrial equipment'' elsewhere in 10 CFR Part 431. We address use 
of the term ``to any significant extent'' in Section II-B-3 below.
2. Method of Shipment and Assembly
    As discussed in the NOPR, steel and copper boilers are usually 
shipped as completely assembled units. Cast iron boilers, however, are 
occasionally shipped from the boiler manufacturer's factory completely 
assembled and wired, or in separate sections for assembly at the job 
site, but are usually sold through boiler distributors who either ship 
all the necessary sections out of their inventories, or have 
manufacturers ship some or all of the components, directly to the 
customer for assembly at the customer's site. Such boilers typically 
conform to a predefined design, which consists of sections specified by 
the manufacturer of the cast iron boiler section, i.e., the boiler 
manufacturer, and may include a burner, for example, that has been 
produced by another manufacturer. The boiler manufacturer will test and 
guarantee the efficiency of such a boiler. Sometimes, however, a vendor 
or installer will sell a commercial boiler that consists of a 
combination of sections that has not been specified by a boiler 
manufacturer. 65 FR 48841-42. In summary, boilers are shipped in the 
following three ways: (1) As completely assembled units; (2) in 
sections that conform to a design specified by the manufacturer; and 
(3) in a combination of sections not specified by the manufacturer.
    In the NOPR, DOE stated that it believes boilers distributed in 
these three ways whether directly by manufacturers or by distributors, 
fit within EPCA's definition of packaged boiler. Accordingly, DOE 
proposed to adopt EPCA's definition of packaged boiler, but with added 
language to clarify that if a commercial packaged boiler is shipped in 
more than one section, it will be covered even if the sections are 
produced by more than one manufacturer or originated or shipped at 
different times and from more than one location. DOE also indicated in 
the preamble of the NOPR that it does not believe EPCA's requirements 
for ``packaged boilers'' apply to custom-designed, field-constructed 
boiler systems which generally require alteration, cutting, drilling, 
threading, welding or similar tasks by the installer. DOE received no 
comments on these points. Therefore, the definition of ``packaged 
boiler'' in the final rule contains the language proposed in the NOPR. 
But to make the rule more explicit, DOE has added language to provide 
that field constructed, custom designed boilers are not included.
    At the public hearing, GAMA again addressed the issue of who would 
be responsible for the testing and the efficiency rating of a 
commercial packaged boiler does not consist of manufacturer specified 
sections. DOE had stated, in essence, in the NOPR that if a vendor 
sells a commercial packaged boiler with components that are not 
specified and approved by a boiler manufacturer, DOE would consider the 
vendor to be the manufacturer of the boiler. GAMA stated at the hearing 
that it may be necessary to create, in the regulation, a special 
definition of a manufacturer. (GAMA, Tr. 45). CEC stated that in 
California a distributor or contractor on occasion will change the 
burner in a commercial packaged boiler shipped by the boiler 
manufacturer. CEC believes that such distributor or contractor should 
be responsible for the boiler's efficiency rating and supports GAMA's 
suggestion of having a definition of manufacturer that would make the 
regulation self-contained on this point. (CEC, Tr. 28, 43, 46-47).
    The Department agrees that the regulations should define the term 
``manufacturer'' with respect to commercial packaged boilers so as to 
clarify that any vendor or installer who sells a commercial packaged 
boiler that has components not specified by the boiler manufacturer is 
responsible for the testing and efficiency rating of that equipment. In 
such circumstances, the vendor or installer will be treated as a 
manufacturer for purposes of applying EPCA's requirements because it 
would be performing a manufacturing function. The Department will not 
treat such a firm merely as a distributor, retailer, or installer of 
such equipment. In addition, this definition of ``manufacturer'' in the 
final rule makes clear that the boiler manufacturer is responsible for 
complying with EPCA's requirements where the boiler consists of the 
components that the manufacturer has specified. Therefore, DOE is 
prescribing in Sec.  431.82 of today's final rule a definition of 
``manufacturer for commercial packaged boilers'' that incorporates 
EPCA's definition of this term and clarifies it as just described.
3. Application
    As explained in detail in the NOPR, we believe that the intent of 
EPCA is to apply the term ``packaged boiler'' to commercial boilers 
used in buildings for space conditioning and service water

[[Page 61953]]

heating. 65 FR 48842. Accordingly, the proposed definition for 
commercial packaged boilers included only boilers distributed ``to any 
significant extent'' for these purposes.
    The Department received no comment on the portion of the NOPR that 
directly addressed this issue. The CEC, however, suggested deletion of 
the phrase ``to any significant extent'' from the proposed definition 
of ``commercial packaged boiler'' (CEC, Tr. 66) because it believes the 
definition would be complete without it. As indicated in the NOPR, 65 
FR 48842, inclusion of this phrase in the definition makes clear that 
the types of boilers used almost exclusively for industrial process 
heating or utility applications, and rarely sold for heating, space 
conditioning, or service water heating in buildings, are not covered by 
the standards and test procedures prescribed by EPCA for a ``packaged 
boiler.'' Accordingly we are not altering the proposed definition in 
this respect.
4. Capacity
    At the April 1998 workshop, participants discussed whether the DOE 
test procedure should apply only to packaged boilers that had a rated 
capacity below some upper limit. In the NOPR, we included no upper 
limit on capacity in the proposed definition of ``commercial packaged 
boiler,'' stating that we had no grounds to conclude that EPCA covers 
only boilers below a certain size. Nevertheless, given the limited 
quantities of high-capacity boilers used for space heating, and their 
large size, we solicited comments on whether there is an upper limit on 
capacity above which the proposed testing procedure would be unduly 
burdensome to conduct.
    At the public hearing, GAMA stated that it still believed that the 
DOE testing and certification requirements should be limited to low 
pressure steam and hot water boilers having inputs of eight million 
Btu/hr or less. (GAMA, No. 2EE at pp. 1-2, and Tr. 49-56). GAMA stated 
that an upper limit of eight million Btu/hr would cover the vast 
majority of boilers sold in the U.S. for use in space heating of 
commercial buildings, and covered under ASHRAE standard 90.1, and that 
those boilers could be tested according to the test procedure in the 
HI-1989 standard under a controlled laboratory setting, as in the 
current industry certification programs. GAMA stated that for large 
buildings with a large heating load, it is more reasonable to use a 
modular boiler system or a multiple boiler system (consisting of 
several smaller boilers) than a single large boiler. Also, GAMA stated 
its view that low pressure boilers above eight million Btu/hr are 
usually custom designed for specific applications and constructed on 
site from a variety of separately supplied components in accordance 
with detailed engineering requirements. These boilers cannot be tested 
for efficiency until after they are constructed and made operational at 
the site, and such field tests are different from the testing of a 
completed packaged boiler unit under controlled laboratory conditions.
    GAMA agreed that the I=B=R Directory (GAMA's directory of ratings 
for boilers and other heating equipment) does show a few boilers with 
sizes over eight million Btu/hr. GAMA stated that a manufacturer lists 
such boilers in the Directory to indicate its capability of building 
one at that large size, and usually will build only a few each year. 
GAMA stated that the testing of those large boilers at a manufacturer's 
facility in accordance with the HI standard is extremely difficult, and 
that is the reason that all manufacturers of cast iron steam and hot 
water boilers obtain those boilers' ratings based on the steam test 
only. GAMA stated that the larger size cast iron boilers usually are 
part of a family series of boilers with the same design and 
construction. According to GAMA, in the HI certification program it 
typically obtains the efficiency rating of those large size boilers by 
extrapolating or interpolating the tested efficiency ratings of two 
boilers in the same family series, picked near the extreme ends (in 
size, one at the small end, the other at the large end) of the family. 
GAMA stated this type of projection of the efficiency of a boiler in a 
family series is based on the boiler industry's long experience. GAMA 
stated that the manufacturer offers, in essence, a given model in a 
variety of inputs, where not every input is tested for the efficiency 
rating.
    BR Labs stated that a boiler assembled in the field is normally 
tested there, and suggested that field testing might be warranted to 
obtain the efficiency rating of large size boilers. BR Labs also stated 
that it is common to make steel (fire tube or water tube) boilers 
having an input greater than 8 million Btu/hr for use by institutions, 
and that those boilers are designed in part for space heating. 
Furthermore, according to BR Labs, boilers larger than five to six 
million Btu/hr are commonly tested at the manufacturer's facility. (BR 
Labs, Tr. 44-45 and 57-58). CEC asserted that the statute clearly 
applies to all packaged boilers without any limitation with respect to 
size, but that DOE has the authority to make the test requirements for 
large boilers different from those for the small ones. (CEC, Tr. 61).
    The foregoing discussion essentially raises two issues. One is the 
extent to which EPCA's definition of ``packaged boiler,'' and its 
efficiency requirements for that product, cover low pressure boilers 
with inputs greater than eight million Btu/hr. The second is whether, 
assuming such products are covered, DOE's test procedure should make 
special provision for them.
    On the first issue, as stated above, the Department said in the 
NOPR that it had no grounds to conclude that EPCA covers only boilers 
below a certain size. There is nothing in the record that would justify 
DOE changing this position, or concluding that its earlier 
interpretation of EPCA was incorrect. Accordingly today's final rule 
contains no upper limit on the size of commercial packaged boilers that 
are covered by the rule. GAMA, however, in arguing that the DOE test 
procedure should not cover boilers with rated inputs above eight 
million Btu/hr, asserted that such boilers are rarely used for space 
heating and comfort conditioning, and are usually custom-designed and 
field-constructed. Pursuant to the definitions of ``packaged boiler'' 
and ``commercial packaged boiler,'' in section 431.82, today's final 
rule covers only boilers that are distributed ``to any significant 
extent'' for heating, space conditioning or service water heating in 
buildings, and excludes from coverage boilers that are custom-designed 
and field-constructed. These limitations on coverage exclude from the 
scope of the DOE test procedure all or most of the boilers GAMA asserts 
should be excluded.
    As to the feasibility of testing boilers with rated inputs over 
eight million Btu/hr that would remain subject to the test procedure, 
ANSI Standard Z21.13 covers low pressure steam and hot water boilers 
with up to 12,500,000 Btu/hr rated input. That standard has been used 
by gas boiler manufacturers for several decades, indicating that 
testing of gas boilers for efficiency at rated inputs of eight to 12.5 
million Btu/hr has been conducted without major difficulty. Most of the 
boilers listed in the directory of the HI 1998 I=B=R Ratings for 
Heating Boilers, which includes cast iron, steel, and copper boilers 
made by 21 commercial boiler manufacturers, had a nameplate input of 
under seven million Btu/hr. This substantiates GAMA's statement that 
most boilers certified by the HI are under eight million Btu/hr. 
However, one manufacturer listed models of its cast iron gas boilers at 
inputs of up to 9.5 million Btu/hr, and a major cast iron boiler 
manufacturer listed models of oil and gas fired boilers at inputs of up 
to

[[Page 61954]]

approximately 16 to 17.6 million Btu/hr. According to Section 5.2.1 of 
the 1989 HI Standard, the overall efficiency tests ``shall be conducted 
on at least the smallest and largest assembly of a series to be 
catalogued, where a consistent geometry exists throughout the series.'' 
In addition, the combustion efficiency test can always be conducted 
during an overall efficiency test. This indicates that the two 
manufacturers of boilers larger than eight million Btu/hr obtained the 
efficiency ratings for each boiler series that contained one or more of 
these larger boilers through interpolating data from tests that 
included the actual testing of at least one of these large boilers. 
Therefore, it appears that the eight million Btu/hr value suggested by 
GAMA is not the limiting value above which the laboratory test cannot 
be conducted under the HI-1989 test standard. The Department notes also 
the BR Labs comment that steel boilers with capacities above eight 
million Btu/hr can be tested at the manufacturer's facility.
    Based on the foregoing, the DOE test procedure in today's rule is 
not limited to packaged boilers below a specified upper limit in 
capacity, and contains no special provision for boilers over 8 million 
Btu/hr rated input. DOE notes, however, that the rules for commercial 
products allow a firm to determine a product's efficiency through use 
of calculation methods rather than testing, and to seek a waiver of the 
test procedure for a particular basic model. These provisions should 
give sufficient alternatives to firms that believe they cannot test 
these large boilers under the DOE test procedure.
5. High Pressure Steam and High Temperature Water Boilers
    Participants in the April and October 1998 workshops expressed 
differing opinions on the coverage of high pressure steam and high 
temperature water boilers, referred to here as ``high pressure 
boilers.'' In the NOPR, DOE stated that since no language in EPCA 
excludes packaged high pressure boilers from coverage under the 
statute, and since DOE believed high pressure packaged boilers are 
sometimes used for heating buildings, under the proposed rule EPCA's 
efficiency requirements would apply to packaged high pressure boilers 
which, ``to any significant extent,'' are distributed for use for space 
conditioning in buildings. However, DOE stated that there may not be 
clear-cut criteria for distinguishing a packaged high pressure boiler 
that can be used for space conditioning, and the limited quantities and 
large sizes of packaged high pressure boilers employed in space heating 
may make testing under the proposed DOE procedure unduly burdensome. 
Therefore, DOE solicited comments on the options of limiting 
application of EPCA efficiency requirements to those packaged high 
pressure boilers that are principally designed for heating buildings, 
or limiting coverage of packaged high pressure boilers to a specific 
maximum working pressure, such as 150 psig, above which one is unlikely 
to use it for commercial space heating. 65 FR 48843.
    In comments on the NOPR, GAMA again stated its belief that high 
pressure boilers should be excluded from DOE testing requirements, 
because they are typically utilized for industrial process or power 
applications, not for commercial space heating applications. (GAMA, No. 
2EE at p. 3).
    The Department has further reviewed this issue, considering the 
statements from GAMA at the public hearing together with the comments 
from the participants at the earlier workshops. First, the Department 
again consulted the ASHRAE Handbook for HVAC Systems and Equipment. As 
stated in Chapter 10, Steam Systems, of the 2000 ASHRAE HVAC System and 
Equipment Handbook (Handbook), one of the most important decisions in 
the selection of a steam system is the design pressure. The Handbook 
states that on the basis of investment and operating cost 
considerations, energy efficiency, and control stability, the pressure 
should be held to the minimum values above the atmospheric pressure 
that accomplishes the required heating task, and that space heating and 
domestic water heating can best be accomplished, directly or 
indirectly, with low pressure steam less than 15 psig or hot water 
temperature less than 250 [deg]F. High pressure steam is required only 
for loads such as dryers, presses, molding dies, power drives, and 
other processing, manufacturing, and power requirements, and there are 
significant increases in investment and operating cost associated with 
a high pressure system.
    The Department also reviewed the definition of ``boiler'' in 
ASHRAE/IES Standard 90.1-1999. In the 1989 version of the Standard, 
``boiler'' was defined as a ``self-contained appliance for supplying 
steam or hot water.'' In the 1999 version of the standard, the 
definition was revised to ``a self-contained low-pressure appliance for 
supplying steam or hot water.'' The Department believes the revised 
definition indicates that the consensus of the subcommittee on 
mechanical equipment of the ASHRAE Standard Project Committee 90.1R, 
whose members represent a wide range of interests in the HVAC industry, 
is that low pressure boilers are the boilers used for space heating in 
most commercial buildings, and that use of high pressure boilers for 
this purpose is not common.
    Finally, representatives of the relevant industries (GAMA, the 
Council of Industrial Boiler Owners and the American Boiler 
Manufacturers Association) uniformly stated that high pressure boilers 
are not commonly used in space heating applications in commercial 
buildings.
    On the basis of the above comments and information, the Department 
has decided upon further review of this issue that high pressure 
boilers are not currently covered by the standards and test procedures 
prescribed in EPCA. For reasons indicated in the NOPR and elsewhere in 
this notice, these requirements apply only to packaged boilers that are 
distributed to any significant extent for heating, space conditioning, 
or service water heating in buildings. The Department has now concluded 
that the information in the record demonstrates that high pressure 
boilers are not distributed to a significant extent for these purposes. 
Accordingly, the efficiency standards in today's final rule do not 
apply to these boilers, nor does the rule include a test procedure for 
high pressure steam and high temperature hot water boilers, as proposed 
in the NOPR. Instead, the rule prescribes only a test procedure for 
commercial packaged low pressure steam and hot water boilers, commonly 
referred to as ASME Section IV Heating Boilers. The Department may 
revisit the issue of EPCA's coverage of packaged high pressure boilers 
at a future date if some of the circumstances discussed above were to 
change--if, for example, ASHRAE/IES Standard 90.1 were to incorporate 
efficiency standards and test procedures for this equipment or 
additional information indicates that a significant number of these 
boilers are sold for use in heating and space conditioning in 
commercial buildings.

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

    EPCA requires that the test procedures for measuring the efficiency 
of commercial packaged boilers be those generally accepted industry 
testing or rating procedures that were developed or are recognized by 
the American Society of Heating, Refrigerating and Air Conditioning 
Engineers, Inc., as referenced in ASHRAE/IES Standard 90.1 and in 
effect on June 30, 1992. (42 U.S.C. 6314(a)(4)(A)). Also, if such an

[[Page 61955]]

industry test procedure or rating procedure for commercial packaged 
boilers is amended, DOE must adopt such revisions unless it determines 
that to do so would not produce test results which are reasonably 
designed to reflect energy efficiency, energy use, and estimated 
operating costs, or that the revised procedures would be unduly 
burdensome to conduct. (42 U.S.C. 6314(a)(4)(B))
    The version of ASHRAE Standard 90.1 in effect on June 30, 1992, 
referenced five industry test standards that apply to gas-fired boilers 
or oil-fired boilers or both. These are the ANSI Standard Z21.13-1987 
for gas-fired boilers (revised as ANSI Z21.13-1991 with Addendum ANSI 
Z21.13-1993a); the HI Testing and Rating Standard for Heating Boilers, 
sixth edition, 1989, for gas and oil-fired boilers (HI 1989); ASME 
Power Test Codes (PTC) 4.1-1964 (reaffirmed R1991) for Steam Generating 
Units for fossil fuel boilers (revised in 1998 as ASME PTC 4-1998, 
Fired Steam Generators, issued on December 31, 1999); the Underwriters 
Laboratory Standard 795-1973 for gas heating equipment (UL 795, revised 
in 1994 as UL 795-94); and the Underwriters Laboratory Standard UL 
Standard 726-1990 for oil-fired boilers (UL 726).
    DOE evaluated the five referenced standards and presented those 
analyses in the April and October 1998 workshops. On the basis of this 
evaluation and the comments from the workshop attendees, in the NOPR we 
proposed the adoption of specific test procedures. DOE received 
comments on these proposals during the September 2000 public hearing 
and in writing.
    As discussed above, the Department has determined that high 
pressure steam and high temperature water boilers are not covered at 
present by EPCA's requirements for test procedures and standards for 
packaged boilers. Therefore, today's rule does not contain test 
procedures or standards for these products, nor does DOE discuss below 
any comments it received as to the test procedures DOE should adopt for 
them. Also, DOE received no comments on our statement in the NOPR that 
DOE would not provide special test provisions for boilers designed for 
low temperature application. Therefore, DOE adheres to this rationale 
and position in the final rule and does not further discuss this issue. 
Finally, in the NOPR, the Department proposed an approach for testing, 
rating and reporting on boilers capable of supplying either hot water 
or steam. DOE received no comments on this approach and therefore it is 
implementing it in today's final rule.
1. Test Procedure and Test Conditions for Low Pressure Steam and Hot 
Water Boilers
    On the basis of discussions during the two earlier workshops, in 
the NOPR DOE proposed to adopt, in large part, the HI-1989 standard as 
the uniform test standard for both gas and oil fired low pressure 
heating boilers. And because gas fired boilers have commonly been 
tested under ANSI Z21.13, DOE proposed to adopt certain test conditions 
specified in the ANSI standard as modifications to the HI-1989 
standard. In addition to this, DOE proposed in the NOPR to allow 
manufacturers the alternative of using the Simplified Efficiency Test 
(Short Form) of ASME PTC 4.1, with some modifications that would ensure 
comparability between the two test procedures.
    No commenter objected to adoption of HI-1989, with modifications, 
as the DOE test procedure, and none suggested that this test procedure 
would affect the efficiencies of boilers as measured using any other 
test procedure referenced in ASHRAE 90.1 in 1992. At the September 2000 
public hearing however, GAMA stated that HI had developed a revised 
test standard, BTS-2000, ``Method to Determine Efficiency of Commercial 
Space Heating Boilers,'' which is based on the 1989 HI standard, and 
will replace that standard. Moreover, GAMA stated that the draft BTS-
2000 standard adopts the DOE provisions as described in the NOPR, and 
recommended that DOE reference the new industry standard in place of 
the HI-1989 standard. GAMA agreed that it would submit the final 
version of the standard in the near future for review by DOE and by 
other stakeholders as requested by CEC. (GAMA, No. 2EE at pp. 2-3, and 
Tr. 71-80; CEC, Tr. 76-80). Also, GAMA stated that, in referencing the 
HI-1989 standard in the proposed rule, DOE had ignored certain sections 
in the standard that are important and needed to establish tolerances 
for the test data and duration of each test, and should be included in 
the referencing language. Those sections are Section 5.2.5 on derating 
the gas power burner rating based on the oil efficiency test, Section 
9.1 on input range and definition of equilibrium conditions, and 
Section 9.2 on length of test. (GAMA, No. 2EE at pp. 2-3).
    GAMA provided the Department with a draft version of the BTS-2000 
standard in October 2000 (GAMA, No. 3), and a final version, dated 
January 2001, in April 2001. A comparison of the final version of BTS-
2000 to the HI-1989 standard with respect to the test procedure for 
commercial heating boilers showed close agreement between the two 
documents. In addition, BTS-2000: (1) Incorporated the modifications to 
the HI-1989 standard proposed in the NOPR on the inlet and outlet 
boiler water temperatures for hot water boilers; (2) included a test 
procedure for condensing boilers that follows the test method 
prescribed in the ASHRAE standard 103-1993, as proposed in the NOPR 
(except the specification on boiler water inlet temperature); and (3) 
revised the test setup with respect to the test stack and the location 
for the measurement of flue gas temperature and flue gas sampling for 
gas-fired boilers for indoor installation to agree with the provisions 
in the ANSI Z21.13 and the ANSI Z21.13a-1993 addendum. Specifically, 
with respect to the latter, BTS-2000 (a) differentiates the setup for 
the test flue stack depending on whether the boiler input rate is below 
or above 400,000 Btu/hr, and (b) changes the flue gas measurement plane 
from the location inside the insulated flue pipe section 12 inches 
downstream of the flue collar or outlet from the boiler (requirement in 
HI-1989), to ``immediately before the flue gases' discharge from the 
boiler'' (specification in ANSI Z21.13). (The latter change eliminates 
the need for the HI-1989 requirement to insulate 12 inches of the test 
flue pipe of gas fired boilers, contained in the NOPR by virtue of the 
proposal to incorporate HI-1989 as the DOE test procedure.)
    Pursuant to the statute, 42 U.S.C. 6314(a)(4)(B), the Department 
reviewed the amendments to the HI-1989 standard as contained in the 
BTS-2000 standard. The Department determined that the revisions to the 
HI-1989 standard in BTS-2000 are substantively the same as what was 
proposed in the NOPR. We have no basis to conclude that the test 
procedure in BTS-2000 either is not reasonably designed to produce 
results that reflect energy efficiency, energy use and estimated 
operating costs, or is unduly burdensome to conduct. Moreover, because 
BTS-2000 is essentially the same as the test procedure proposed in the 
NOPR, it would not alter the measured efficiencies that would have 
resulted from the proposed test procedure and would have little or no 
effect on efficiencies measured using the existing test procedures. See 
65 FR at 48843-45. Nor has any evidence been presented that use of BTS-
2000 or the proposed test procedure would render non-compliant a 
commercial boiler previously measured as minimally

[[Page 61956]]

complying with the applicable EPCA standard. For all of these reasons, 
the Department is referencing the BTS-2000 standard in today's final 
rule instead of the HI-1989 standard as was proposed in the NOPR.
    As described above, GAMA also stated that the rule language should 
include several sections (5.2.5, 9.1, and 9.2) of the HI-1989 standard. 
The proposed rule language on test procedures did not reference Section 
5.2.5 since it is part of Section 5.2 of HI-1989 on the approval 
procedure of a boiler's rating, which does not concern the test method. 
Also, sections 9.1 and 9.2 were already explicitly specified as part of 
the proposed rule language in Section 431.362(d)(1)(i), Test 
Measurements for Packaged Low Pressure Steam and Hot Water Boilers. See 
65 FR 48851. In prescribing the use of BTS-2000 in today's final rule, 
DOE has retained the references to sections 9.1 and 9.2.
    In its comments, GAMA also asserted that the proposed optional test 
standard, the ASME PTC 4.1, has the following problems: (1) It lacks 
``tolerances for input, pressure, number of tests required, and when 
the boiler has achieved steady state conditions;'' (2) the test 
duration of four hours is too long for a combustion test, and the 
locations ``of temperature, pressure, flue sampling, and stack 
configuration are not specified;'' (3) it is a test standard for the 
acceptance test of a boiler after it is installed in the field where 
the test conditions are less controllable than a laboratory test; and 
(4) it has been replaced by the standard ASME PTC 4-1998 (issued on 
December 31, 1999), which is vastly different from the original ASME 
PTC 4.1. For these reasons, GAMA claimed that test results based on the 
ASME PTC 4.1 standard would be less accurate than results based on the 
HI-1989 standard. It also asserted that boilers in the same category 
should all be tested using a consistent procedure. GAMA therefore 
recommended that Section 431.362(c)(v) of the proposed rule, 
Alternative Test Procedure for Testing Low Pressure Steam and Hot Water 
boilers, which allows the use of PTC 4.1, be deleted. However, GAMA 
also suggested that for large boilers or boilers that are assembled in 
the field, field testing as per ASME PTC 4.1 might be allowed as an 
option. (GAMA, No. 2EE at p. 3 and Tr. 81-89). CEC stated that it 
generally opposes the inclusion of alternate test procedures since 
there is always confusion as to who has the option of choosing the test 
procedure--the manufacturer or the enforcing agency--but in this case 
it has no objection. CEC also suggested that DOE require one test 
method for testing certain types of boilers, and another method for 
other types, rather than allowing all products to use either method. 
(CEC, No. 2FF at p. 2 and Tr. 87-89).
    The Department evaluated the new ASME PTC 4-1998 standard for 
possible adoption. As stated by GAMA, the new PTC 4-1998 is a 
completely re-written document and is vastly different from the PTC 4.1 
in both style and details, even though the principles behind the test 
procedures remain unchanged. As stated in the Foreword to the standard, 
the PTC 4 committee made the decision to discourage the almost 
universal use of the abbreviated test procedure (The Short Form) in PTC 
4.1. Therefore, the Short Form is no longer included in the new 
standard. After reviewing the PTC 4-1998 standard and analyzing its 
effect on entities that would be required to use it, the Department 
believes that, without the abbreviated test procedure, the new test 
standard is too burdensome an undertaking for testing the small (in 
comparison with the size of the steam boilers or generators in an 
utility plant) packaged low pressure steam and hot water boilers 
employed for commercial space heating. Therefore, the Department has 
decided that the new ASME PTC 4-1998 should not be adopted in today's 
final rule as a test procedure for commercial packaged boilers used for 
commercial space heating purposes.
    The Department considered the comments of GAMA with respect to the 
accuracy of the tests under the ASME PTC 4.1 standard. DOE believes 
that Section 3.13 of ASME PTC 4.1, which references the relevant ASME 
Power Test Codes, adequately specifies the required accuracy in 
instruments and measurement. DOE agrees with GAMA, however, that the 
test run duration that ASME PTC 4.1 states as preferable, four hours, 
may be longer than needed for the smaller packaged steel boilers 
employed for space heating, and that when the test is conducted in the 
field after a boiler is installed, test conditions such as the room 
temperature and the boiler inlet water temperature may be different 
from the conditions in a testing laboratory. But DOE believes that with 
appropriate modifications to address such problems, including the 
modifications proposed in the NOPR, the abbreviated test procedure of 
ASME PTC 4.1 is sound.
    Nevertheless, test results for products being rated under the same 
efficiency standard should be comparable, and DOE believes there would 
be some differences in the results obtained from the PTC 4.1 procedure 
and BTS-2000. Moreover, BTS-2000 is a sound, easy to follow, and up-to-
date procedure that is readily available to manufacturers. By contrast, 
the abbreviated test procedure is not incorporated in a currently 
available standard, and the Foreword to PTC 4-1998 states that the PTC 
4 committee decided to discourage its use.
    On the other hand, as discussed in the NOPR, the American Boiler 
Manufacturers Association stated that its members use PTC 4.1 more 
frequently to test steel boilers, and the Council of Industrial Boiler 
Owners (CIBO) stated that its members lack familiarity with the HI-1989 
standard. To the extent these firms are concerned about steel boilers 
used for industrial processes but which are rarely used for space 
conditioning and service water--and that seems particularly true for 
CIBO members--such boilers are not covered by today's requirements. 
Some manufacturers of steel boilers, moreover, have used the HI-1989 
standard, the predecessor to BTS-2000, as shown by the listing of their 
boilers in the Hydronics Institute I=B=R rating directory (three 
manufacturers in the January 2001 directory). In addition, DOE believes 
BTS-2000 and ASME PTC 4.1 are essentially similar, and the differences 
between them are not fundamental. DOE is confident that, to the extent 
manufacturers need to convert from use of PTC 4.1 to BTS-2000, doing so 
will not be difficult, and will cause only limited and certainly not 
undue burdens. Nevertheless, DOE believes it would be reasonable to 
allow a transition period during which manufacturers of steel boilers 
can become familiar with BTS-2000 and assure that their products will 
comply with EPCA standards using that procedure.
    Based on all of these considerations, DOE has decided in today's 
final rule to prescribe BTS-2000 as the DOE test procedure for all 
commercial packaged boilers, but to allow the use of ASME PTC 4.1, with 
modifications, as an optional test procedure for steel boilers for two 
years after the publication of this notice. During this period, 
manufacturers may use either BTS-2000 or the ASME PTC 4.1 abbreviated 
test procedure to determine the efficiency of steel boilers under EPCA, 
but if they use the PTC 4.1 procedure their tests must meet the 
following criteria:
    (1) The minimum duration of a test run after steady state operation 
is achieved shall be 30 minutes. (This specification is the same as in 
BTS-2000.)
    (2) The boiler inlet water temperature shall be at 35[deg] F to 
80[deg] F, except that when a boiler is tested in the field after

[[Page 61957]]

installation the temperature may be as recommended by the manufacturer, 
but not more than 140[deg] F. (The 35[deg] F to 80[deg] F range was 
proposed in the NOPR as a condition of using PTC 4.1. DOE believes the 
additional specification will allow for field tests under conditions 
that cannot be controlled as they are in a test facility. In any event, 
DOE agrees with the participants in the workshops and the public 
hearing, who pointed out that variations in the boiler inlet water 
temperature have a very small effect on the combustion efficiency value 
of a non-condensing boiler.)
    (3) For hot water boilers, the boiler outlet water temperature 
shall be at 180[deg]F  2[deg]F.
    (4) For steam boilers, steam pressure must range from atmospheric 
(zero psig) to two psig.
    (5) In the heat loss method of ASME PTC 4.1 for calculating 
efficiency, the radiation loss term (and other minor loss terms) shall 
be set to zero to obtain the combustion efficiency (of 100 percent 
minus percent flue loss). These modifications to the abbreviated test 
procedure should correct the problems we believe exist with this 
procedure.
2. Provisions for Condensing Boilers
    In the NOPR, DOE stated that condensing boilers are significantly 
more energy efficient than non-condensing boilers and a test procedure 
should be readily available to allow manufacturers to rate their 
products accordingly. In addition, a test procedure is needed for 
evaluating design options underlying any future minimum efficiency 
standards. The Department proposed to adopt the steady state test 
procedure for condensing boilers as prescribed in the ASHRAE 103-1993 
standard. ASHRAE/IES Standard 90.1 does not directly reference an 
industry test standard for the testing of condensing boilers, but it 
references the DOE test procedure for residential boilers with input of 
less than 300,000 Btu/hr, which, in turn, references the ASHRAE 103-
1993 standard. DOE proposed to adopt the procedure specified in 
sections 7.2.2.4, 7.8, 9.2 and 11.3.7 of ASHRAE standard 103-1993 with 
two modifications. Of relevance here, one of these modifications was 
that the boiler inlet water temperature be restricted to 80[deg]F5[deg]F instead of the range of 35[deg]F to 80[deg]F specified 
for non-condensing boilers, since the inlet water temperature 
influences the amount of condensate produced and, thus, needs to be 
more accurately specified.
    At the September 2000 public hearing, no objection was posed to the 
proposed testing method for condensing boilers. However, the revised 
Hydronics Institute Boiler Testing Standard BTS-2000 added a test 
method for condensing boilers similar to the one proposed in the NOPR, 
except that it does not restrict inlet water temperature to 
80[deg]F5[deg]F. (See sections 8.5.2, 9.1.2.1.4, 10.2.2, 
10.2.3, 11.1.17, 11.1.18, 11.1.19, and 11.2.2 of BTS-2000.) Since the 
Department is adopting the BTS-2000 standard in today's final rule, 
ASHRAE Standard 103-1993 need not be referenced in order to provide a 
procedure for the testing of condensing boilers. But the final rule 
does provide that, for purposes of the DOE test procedure, in sections 
8.5.2 and 9.1.2.1.4 of BTS-2000, the boiler inlet water temperature 
shall be at 80[deg]F5[deg]F instead of the 80[deg]F10[deg]F currently specified in the BTS-2000 standard.
3. Modular Boilers and Multiple Boilers
    A modular boiler system consists of a group of identical individual 
boilers installed as a system. A multiple boiler system consists of a 
group of individual boilers, of different design or different sizes or 
both, installed as a system. In the preamble of the NOPR, the 
Department stated that the efficiency rating for a packaged modular 
boiler system with individual modules or boilers of identical design 
and construction may be based on the rating of only one boiler module 
in the system. For a multiple boiler system where the individual 
boilers are of different designs, we stated that each boiler of a 
different design would be considered a separate packaged boiler and be 
required to meet the minimum efficiency standard prescribed for that 
product.
    At the September 2000 public hearing, GAMA raised the question of 
why the Department proposed that a modular system would consist of 
individual boilers of 400,000 Btu/hr input or less. (GAMA, Tr. 90-91). 
DOE believes that this question results from a misunderstanding of our 
position. DOE had stated in the NOPR's preamble that ``a modular boiler 
assembly * * * consist[s] of * * * boilers * * * usually of less than 
400,000 Btu/hr input each.'' 65 FR 48847 (emphasis added). This 
language was part of an explanation of how DOE intended to treat 
modular boilers under the regulations. DOE did not propose a definition 
of modular boilers, nor was it DOE's intention, either in the language 
just quoted or elsewhere in the preamble, to indicate that our 
treatment of modular boilers would depend on the size of their 
constituent units. Furthermore, the Department is not imposing such 
criterion in today's final rule. The word ``usually'' does not exclude 
from the category of modular boiler any system consisting of units each 
with an input of greater than 400,000 Btu/hr.
4. Outdoor Boilers
    In a comment submitted to the Department after the September 2000 
public hearing, GAMA stated that the BTS-2000 standard specifies flue 
pipe and connection requirements for testing power gas and oil boilers, 
and for gas-fired boilers designed for indoor installations (following 
the ANSI Z21.13 standard), but does not specify any vent requirement 
for gas-fired boilers designed for outdoor installations. GAMA also 
stated that manufacturers currently test both indoor and outdoor gas-
fired boilers in accordance with the requirements of the ANSI Z21.13 
standard, which specifically states that no test vent apparatus (other 
than that provided by the manufacturer) is required for gas-fired 
outdoor boilers. The Department believes that GAMA's comment needs to 
be addressed in today's final rule, because the test procedure in the 
rule should address venting for gas fired outdoor boilers. The current 
industry practice for testing gas-fired outdoor boilers is the ANSI 
Z21.13-1991 standard, which is referenced by ASHRAE Standard 90.1. 
Since DOE is not referencing the ANSI Z21.13-1991 standard in this 
rule, DOE is including the following language from Section 2.1.5 of the 
ANSI Z21.13 standard in section 431.86 of today's final rule: ``A gas-
fired boiler for outdoor installation with a venting system provided as 
part of the boiler must be tested with the venting system in place.''

D. Effect of Amended Test Procedure on Measured Energy Efficiency

    As to rulemakings to amend test procedures, section 323(e) of EPCA, 
42 U.S.C. 6293(e), provides that DOE shall determine whether the 
amended test procedure would alter the measured energy efficiency of 
any covered product. If the amendment does alter measured efficiency, 
the Secretary must determine the average efficiency level under the new 
test procedure of products that minimally complied with the applicable 
energy conservation standard prior to the test procedure amendment, and 
must set the standard at that level. (42 U.S.C. 6293(e)(2)) In 
addition, any existing model of a product that complied with the 
previously applicable standard would be deemed to comply with the new 
standard. (42 U.S.C. 6293(e)(3)) These provisions prevent changes in a 
test

[[Page 61958]]

procedure from indirectly altering the applicable Federal energy 
conservation standard. They also prevent products that complied with 
standards using the previous test procedure from being forced out of 
compliance by the new test procedure.
    EPCA provides that the DOE test procedures for commercial packaged 
boilers shall be those industry test procedures recognized by ASHRAE 
and referenced in ASHRAE Standard 90.1 and in effect on June 30, 1992. 
42 U.S.C. 6314(a)(4)(A). For these products, the version of ASHRAE 
Standard 90.1 in effect on June 30, 1992, contains five industry test 
standards that apply to gas-fired boilers or oil-fired boilers or both. 
65 FR 48838, 48843. Until today, therefore, since DOE had not adopted a 
test procedure for these products under EPCA, there was no single 
existing test procedure that manufacturers were required to use for 
these products. In practice, however, particular industry test 
procedures were generally used for particular types of boilers. 65 FR 
48844. In the rule published today, DOE is adopting, in part, a test 
procedure based on a combination of the existing ASHRAE standards in 
effect on June 30, 1992. Since 42 U.S.C. 6314(a)(4)(A) provides that 
the DOE test procedures for boilers shall be those referenced in ASHRAE 
Standard 90.1 and in effect on June 30, 1992, the statute itself 
sanctions the adoption of provisions of any of these referenced test 
procedures. Thus, adoption today of a combination of these test 
procedures does not represent a change or amendment to the existing 
``required'' test procedure for purposes of 42 U.S.C. 6293(e) when that 
section refers to an ``amended test procedure.''
    In addition, today's final rule provides for DOE adoption of BTS-
2000, which in substance consists of the combination of ASHRAE 
referenced standards just referred to, but with one minor modification. 
For gas-fired products, BTS-2000 requires use of an equation for 
calculating flue loss instead of providing for use of a nomogram. This 
slight change has no effect on the measured energy efficiency. Thus, 
while this modification is a test procedure amendment within the 
meaning of 42 U.S.C. 6293(e), DOE need not take further action under 
that provision because this amendment does not alter the measured 
energy efficiency.
    Today's final rule also contains two modifications to ASME PTC 4.1, 
another of the five industry test procedures in effect on June 30, 
1992, and referenced in ASHRAE Standard 90.1. DOE is making both of 
these modifications in response to comments that it received on the 
NOPR. The first, a reduction in the minimum duration of a part of the 
test, will not alter the measured energy efficiency. The second, a 
relaxation of the required inlet water temperature when a manufacturer 
tests a boiler after installing it, will have only a de minimus effect 
on the measured combustion efficiency and should not put any models 
that are currently in compliance out of compliance. Thus, DOE will not 
take further action under 42 U.S.C. 6293(e) with regard to either of 
these modifications to ASME PTC 4.1.

III. Procedural Requirements

A. Review Under Executive Order 12866

    The Office of Information and Regulatory Affairs of the Office of 
Management and Budget (OMB) has determined that today's regulatory 
action is not a ``significant regulatory action'' under Executive Order 
12866, ``Regulatory Planning and Review,'' 58 FR 51735 (October 4, 
1993). Accordingly, this action was not subject to review under the 
Executive Order.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis for any rule 
that by law must be proposed for public comment, unless the agency 
certifies that the rule, if promulgated, will not have a significant 
economic impact on a substantial number of small entities. As required 
by Executive Order 13272, ``Proper Consideration of Small Entities in 
Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published 
procedures and policies on February 19, 2003, to ensure that the 
potential impacts of its rules on small entities are properly 
considered during the rulemaking process (68 FR 7990). DOE has made its 
procedures and policies available on the Office of General Counsel's 
Web site: http://www.gc.doe.gov.
    DOE reviewed today's rule under the provisions of the Regulatory 
Flexibility Act and the procedures and policies published on February 
19, 2003, and certified in the NOPR that the proposed rule would not 
impose a significant economic impact on a substantial number of small 
entities. (64 FR 69597). We received no comments on this issue, and 
after considering the potential small entity impact of this final rule, 
DOE affirms the certification that this rule will not have a 
significant economic impact on a substantial number of small entities. 
Accordingly, DOE has not prepared a regulatory flexibility analysis for 
this rulemaking. DOE will transmit the certification and supporting 
statement of factual basis to the Chief Counsel for Advocacy of the 
Small Business Administration for review pursuant to 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act

    This rulemaking will impose no new information or record keeping 
requirements. Accordingly, OMB clearance is not required under the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

D. Review Under the National Environmental Policy Act

    DOE has determined that this rule falls into a class of actions 
that are categorically excluded from review under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the 
Department's implementing regulations at 10 CFR part 1021. 
Specifically, this rule amends an existing rule without changing the 
environmental effect of the rule being amended, and, therefore, is 
covered by the Categorical Exclusion in paragraph A5 to subpart D, 10 
CFR part 1021. Accordingly, neither an environmental assessment nor an 
environmental impact statement is required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999) 
imposes certain requirements on agencies formulating and implementing 
policies or regulations that preempt State law or that have federalism 
implications. The Executive Order requires agencies to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States and carefully assess 
the necessity for such actions. The Executive Order also requires 
agencies to have an accountable process to ensure meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications. On March 14, 2000, DOE 
published a statement of policy describing the intergovernmental 
consultation process it will follow in the development of such 
regulations (65 FR 13735). DOE has examined today's rule and has 
determined that it does not preempt State law and does not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government. No further 
action is required by Executive Order 13132.

[[Page 61959]]

F. Review Under Executive Order 12988

    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 
Federal 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. Section 3(b) of Executive 
Order 12988 specifically requires that Executive agencies make every 
reasonable effort to ensure that the regulation: (1) Clearly specifies 
the preemptive effect, if any; (2) clearly specifies any effect on 
existing Federal law or regulation; (3) provides a clear legal standard 
for affected conduct while promoting simplification and burden 
reduction; (4) specifies the retroactive effect, if any; (5) adequately 
defines key terms; and (6) addresses other important issues affecting 
clarity and general draftsmanship under any guidelines issued by the 
Attorney General. Section 3(c) of Executive Order 12988 requires 
Executive agencies to review regulations in light of applicable 
standards in section 3(a) and section 3(b) to determine whether they 
are met or it is unreasonable to meet one or more of them. DOE has 
completed the required review and determined that, to the extent 
permitted by law, this rule meets the relevant standards of Executive 
Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and tribal governments and the 
private sector. With respect to a proposed regulatory action that may 
result in the expenditure by State, local and tribal governments, in 
the aggregate, or by the private sector of $100 million or more 
(adjusted annually for inflation), section 202 of the Act requires a 
Federal agency to publish estimates of the resulting costs, benefits, 
and other effects on the national economy (2 U.S.C. 1532(a),(b)). The 
Act also requires a Federal agency to develop an effective process to 
permit timely input by elected officers of State, local, and tribal 
governments on a proposed ``significant intergovernmental mandate,'' 
and requires an agency plan for giving notice and opportunity for 
timely input to potentially affected small governments before 
establishing any requirements that might significantly or uniquely 
affect small governments. On March 18, 1997, DOE published a statement 
of policy on its process for intergovernmental consultation under the 
Act (62 FR 12820) (also available at http://www.gc.doe.gov). The rule 
published today does not contain any Federal mandate, so these 
requirements do not apply.

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

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This rule would not have any impact on the autonomy or integrity of the 
family as an institution. Accordingly, DOE has concluded that it is not 
necessary to prepare a Family Policymaking Assessment.

I. Review Under Executive Order 12630

    DOE has determined pursuant to Executive Order 12630, 
``Governmental Actions and Interference with Constitutionally Protected 
Property Rights,'' 53 FR 8859 (March 18, 1988) that this regulation 
would not result in any takings which might require compensation under 
the Fifth Amendment to the United States Constitution.

J. Review Under the Treasury and General Government Appropriations Act, 
2001

    The Treasury and General Government Appropriations Act, 2001 (44 
U.S.C. 3516, note) provides for agencies to review most disseminations 
of information to the public under guidelines established by each 
agency pursuant to general guidelines issued by OMB. OMB's guidelines 
were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines 
were published at 67 FR 62446 (October 7, 2002). DOE has reviewed 
today's notice of final rulemaking under the OMB and DOE guidelines and 
has concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001) requires Federal agencies to prepare and submit to the 
Office of Information and Regulatory Affairs (OIRA), Office of 
Management and Budget, a Statement of Energy Effects for any proposed 
significant energy action. A ``significant energy action'' is defined 
as any action by an agency that promulgated or is expected to lead to 
promulgation of a final rule, and that: (1) Is a significant regulatory 
action under Executive Order 12866, or any successor order; and (2) is 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy, or (3) is designated by the 
Administrator of OIRA as a significant energy action. For any proposed 
significant energy action, the agency must give a detailed statement of 
any adverse effects on energy supply, distribution, or use should the 
proposal be implemented, and of reasonable alternatives to the action 
and their expected benefits on energy supply, distribution, and use. 
Today's regulatory action would not have a significant adverse effect 
on the supply, distribution, or use of energy and, therefore, is not a 
significant energy action. Accordingly, DOE has not prepared a 
Statement of Energy Effects.

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    We stated in the NOPR the reasons why 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, (the FEAA) 
does not apply to the commercial standards incorporated into the 
proposed rule, except for ASHRAE Standard 103-1993. We received no 
comments on this issue.
    As we stated and discussed in the NOPR, today's rule incorporates 
certain commercial standards which EPCA requires to be used. These 
standards are referenced in ASHRAE Standard 90.1-1989 and amendments 
thereto. Because DOE has very limited discretion to depart from the 
standards referenced in ASHRAE 90.1, Section 32 of the FEAA does not 
apply to them.
    In the NOPR, we also stated that the final rule would include 
ASHRAE Standard 103-1993, ``Method of Testing for Annual Fuel 
Utilization Efficiency of Residential Central Furnaces and Boilers,'' a 
test standard which includes testing method for condensing boilers. We 
stated that DOE would comply with the requirements of section 32 for 
this particular standard since it is not referenced in the ASHRAE 
Standard 90.1. However, today's rule does not include ASHRAE Standard 
103-1993. Instead, we are relying on the revised Hydronics Institute 
Boiler Testing Standard BTS-2000 which now has a method for testing 
condensing boilers.

[[Page 61960]]

This standard is referenced in ASHRAE Standard 90.1. Accordingly, there 
is now no reason for DOE to fulfill the consultation requirements of 
section 32 with respect to Standard 103-1993.
    Today's rule does not contain industry standards to which Section 
32 applies.

M. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of today's rule prior to its effective date. The report 
will state that it has been determined that the rule is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).

N. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of today's rule.

List of Subjects in 10 CFR Part 431

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

    Issued in Washington, DC, on July 27, 2004.
David K. Garman,
Assistant Secretary, Energy Efficiency and Renewable Energy.

0
For the reasons set forth in the preamble, Title 10, Part 431 of the 
Code of Federal Regulations is amended as set forth below:

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

0
1. The authority citation for Part 431 continues to read as follows:

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


0
2. Subpart E is added to read as follows:
Subpart E--Commercial Packaged Boilers
Sec.
431.81 Purpose and scope.
431.82 Definitions concerning commercial packaged boilers.

Test Procedures

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

Energy Conservation Standards

431.87 Energy conservation standards and their effective dates.

Subpart E--Commercial Packaged Boilers


Sec.  431.81  Purpose and scope.

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


Sec.  431.82  Definitions concerning commercial packaged boilers.

    The following definitions apply for purposes of this subpart E, and 
of subparts A and J through M of this part. Any words or terms not 
defined in this section or elsewhere in this part shall be defined as 
provided in 42 U.S.C. 6311.
    Combustion efficiency for a commercial packaged boiler means the 
efficiency descriptor for packaged boilers, determined using test 
procedures prescribed under Sec.  431.86 and equals to 100 percent 
minus percent flue loss (percent flue loss is based on input fuel 
energy).
    Commercial packaged boiler means a type of packaged low pressure 
boiler that is industrial equipment with a capacity, (rated maximum 
input) of 300,000 Btu per hour (Btu/hr) or more which, to any 
significant extent, is distributed in commerce:
    (1) For heating or space conditioning applications in buildings; or
    (2) For service water heating in buildings but does not meet the 
definition of ``hot water supply boiler'' in this part.
    Condensing boiler means a commercial packaged boiler that condenses 
part of the water vapor in the flue gases, and that includes a means of 
collecting and draining this condensate from its heat exchanger 
section.
    Flue condensate means liquid formed by the condensation of moisture 
in the flue gases.
    Manufacturer of a commercial packaged boiler means any person who 
manufactures, produces, assembles or imports such a boiler, including 
any person who:
    (1) Manufactures, produces, assembles or imports a commercial 
packaged boiler in its entirety;
    (2) Manufactures, produces, assembles or imports a commercial 
packaged boiler in part, and specifies or approves the boiler's 
components, including burners or other components produced by others, 
as for example by specifying such components in a catalogue by make and 
model number or parts number; or
    (3) Is any vendor or installer who sells a commercial packaged 
boiler that consists of a combination of components that is not 
specified or approved by a person described in paragraph (1) or (2) of 
this definition.
    Packaged boiler means a boiler that is shipped complete with 
heating equipment, mechanical draft equipment and automatic controls; 
usually shipped in one or more sections and does not include a boiler 
that is custom designed and field constructed. If the boiler is shipped 
in more than one section, the sections may be produced by more than one 
manufacturer, and may be originated or shipped at different times and 
from more than one location.
    Packaged high pressure boiler means a packaged boiler that is:
    (1) A steam boiler designed to operate at a steam pressure higher 
than 15 psi gauge (psig); or
    (2) A hot water boiler designed to operate at a water pressure 
above 160 psig or at a water temperature exceeding 250[deg] F, or both; 
or
    (3) A boiler that is designed to be capable of supplying either 
steam or hot water, and designed to operate under the conditions in 
paragraphs (1) and (2) of this definition.
    Packaged low pressure boiler means a packaged boiler that is:
    (1) A steam boiler designed to operate at or below a steam pressure 
of 15 psig; or
    (2) A hot water boiler designed to operate at or below a water 
pressure of 160 psig and a temperature of 250 [deg]F; or
    (3) A boiler that is designed to be capable of supplying either 
steam or hot water, and designed to operate under the conditions in 
paragraphs (1) and (2) of this definition.

Test Procedures


Sec.  431.85  Materials incorporated by reference.

    (a) The Department incorporates by reference the following test 
procedures into subpart E of 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) List of test procedures incorporated by reference.
    (1) The Hydronics Institute (HI) of GAMA Boiler Testing Standard 
BTS-2000, ``Method to Determine Efficiency of Commercial Space Heating 
Boilers,'' published January 2001 (HI BTS-2000), IBR approved for Sec.  
431.86.
    (2) The American Society of Mechanical Engineers Power Test Codes 
for Steam Generating Units, ASME PTC

[[Page 61961]]

4.1-1964, Reaffirmed 1991 (Including 1968 and 1969 Addenda) (``ASME PTC 
4.1''), IBR approved for Sec.  431.86.
    (c) Availability of references.
    (1) Inspection of test procedures. The test procedures incorporated 
by reference are available for inspection at:
    (i) National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ ibr--locations.html.
    (ii) U.S. Department of Energy, Office of Energy Efficiency and 
Renewable Energy, Hearings and Dockets, ``Test Procedures and 
Efficiency Standards for Commercial Packaged Boilers,'' Docket No. EE-
RM/TP-99-470, 1000 Independence Avenue, SW., Washington, DC 20585.
    (2) Obtaining copies of Standards. Anyone can purchase a copy of HI 
BTS-2000 from the Hydronics Institute Division of GAMA, P.O. Box 218, 
Berkeley Heights, NJ 07922, or http://www.gamanet.org/publist/hydroordr.htm; and a copy of ASME PTC 4.1-1964/RA-1991 from Global 
Engineering Documents, 15 Inverness Way East, Engelwood, CO 80112, 800-
854-7179.


Sec.  431.86  Uniform test method for the measurement of energy 
efficiency of commercial packaged boilers.

    (a) Scope. This section provides test procedures that must be 
followed for measuring, pursuant to EPCA, the steady state combustion 
efficiency of a gas-fired or oil-fired commercial packaged boiler. 
These test procedures apply to packaged low pressure boilers that have 
rated input capacities of 300,000 Btu/hr or more and are ``commercial 
packaged boilers, but do not apply under EPCA to ``packaged high 
pressure boilers.''
    (b) Definitions. For purposes of this section, the Department 
incorporates by reference the definitions specified in Section 3.0 of 
the HI BTS-2000 (Incorporated by reference, see Sec.  431.85), with the 
exception of the definition for the terms ``packaged boiler'', 
``condensing boilers'', and ``packaged low pressure steam'' and ``hot 
water boiler''.
    (c) Test Method for Commercial Packaged Boilers--General. After 
October 23, 2006, follow the provisions in this paragraph (c) for all 
testing of packaged low pressure boilers that are commercial packaged 
boilers. Prior to that date, follow either the provisions of this 
paragraph (c) or of paragraph (d) of this section to test steel 
boilers, but follow the provisions of this paragraph for all other 
commercial packaged boilers.
    (1) Test Setup.
    (i) Classifications: If employing boiler classification, you must 
classify boilers as given in Section 4.0 of the HI BTS-2000 
(Incorporated by reference, see Sec.  431.85).
    (ii) Requirements: Conduct the combustion efficiency test as given 
in Section 5.2 (Combustion Efficiency Test) of the HI BTS-2000 
(Incorporated by reference, see Sec.  431.85).
    (iii) Instruments and Apparatus:
    (A) Follow the requirements for instruments and apparatus in 
sections 6 (Instruments) and 7 (Apparatus), of the HI BTS-2000 
(Incorporated by reference, see Sec.  431.85), with the exception of 
section 7.2.5 (flue connection for outdoor boilers) which is replaced 
with paragraph (c)(1)(iii)(B) of this section:
    (B) Flue Connection for Outdoor Boilers: For oil-fired and power 
gas outdoor boilers, the integral venting means may have to be revised 
to permit connecting the test flue apparatus described in section 7.2.1 
of BTS-2000. A gas-fired boiler for outdoor installation with a venting 
system provided as part of the boiler must be tested with the venting 
system in place.
    (iv) Test Conditions: Use test conditions from Section 8.0 
(excluding 8.5.2, 8.5.3, and 8.6.2) of HI BTS-2000 (Incorporated by 
reference, see Sec.  431.85) for the combustion efficiency testing, and 
use paragraph (c)(1)(iv)(A) of this section when testing a condensing 
boiler:
    (A) Water Temperatures for Condensing Boilers--For condensing 
boilers the outlet temperature shall be 180[deg]F2[deg]F 
and the inlet temperature shall be 80[deg]F5[deg]F at all 
times during the test. (See also paragraphs (c)(2)(i) and (ii) of this 
section for condensing boilers.).
    (B) [Reserved]
    (2) Test Measurements.
    (i) Measure for combustion efficiency according to sections 9.1 
(excluding sections 9.1.1.2.3 and 9.1.2.2.3), 9.2 and 10.2 of the HI 
BTS-2000 (Incorporated by reference, see Sec.  431.85), except that for 
condensing boilers, replace the boiler water inlet temperature in 
section 9.1.2.1.4 of the HI BTS-2000 standard with the inlet 
temperature specified in paragraph (c)(1)(iv)(A) of this section.
    (ii) Procedure for the Measurement of Condensate for a Condensing 
Boiler. Collect flue condensate as specified in Section 9.2.2 of HI 
BTS-2000 (Incorporated by reference, see Sec.  431.85). Measure the 
condensate from the flue gas under steady state operation for the 30 
minute collection period during the 30 minute steady state combustion 
efficiency test. Flue condensate mass shall be measured immediately at 
the end of the 30 minute collection period to prevent evaporation loss 
from the sample. The humidity of the room shall at no time exceed 80 
percent. Determine the mass of flue condensate for the steady state 
period by subtracting the tare container weight from the total 
container and flue condensate weight measured at the end of the test 
period.
    (iii) A Boiler That is Capable of Supplying Either Steam or Hot 
Water.
    (A) Testing. For purposes of EPCA, measure the combustion 
efficiency of a commercial packaged boiler capable of supplying either 
steam or hot water either by testing the boiler in the steam mode or by 
testing it in both the steam and hot water modes.
    (B) Rating. If testing the boiler only in the steam mode, use the 
efficiency determined from such testing to rate the boiler for both the 
steam and water modes. If testing the boiler in both modes, rate the 
boiler's efficiency for each mode based on the testing in that mode.
    (3) Calculation of Combustion Efficiency. Use the calculation 
procedure for the combustion efficiency test specified in Section 11.2 
(including the specified subsections of 11.1) of the HI BTS-2000 
(Incorporated by reference, see Sec.  431.85).
    (d) Steel Commercial Packaged Boilers--Alternative Test Method. 
Until October 23, 2006, follow either the provisions of this paragraph 
(d), or of paragraph (c) of this section, to test steel commercial 
packaged boilers.
    (1) Test setup. Instead of using HI BTS-2000 as specified in 
paragraph (c)(1) of this section, conduct the combustion efficiency 
test for steel packaged low pressure boilers that are commercial 
packaged boilers using the Abbreviated Efficiency Test (Simplified 
Efficiency Test or The Short Form) as specified in ASME PTC 4.1 
(Incorporated by reference, see Sec.  431.85). If selecting the ASME 
PTC 4.1 procedure for conducting the required combustion efficiency 
test for steel boilers, conduct the test under conditions as specified 
in paragraphs (d)(1)(i) and (ii) of this section.
    (i) Use the test procedure for the efficiency test from ASME PTC 
4.1 (Incorporated by reference, see Sec.  431.85). Conduct the 
combustion efficiency test with the Abbreviated Efficiency Test 
(Simplified Efficiency Test or The Short Form) for gas and oil fuels 
described in Section 1.07 of ASME

[[Page 61962]]

PTC 4.1 (Incorporated by reference, see Sec.  431.85).
    (ii) Test Conditions for the Combustion Efficiency.
    (A) Steam pressure for steam boilers--Test must be made at 
atmospheric pressure or at a pressure not exceeding 2 psig.
    (B) Water temperature for hot water boilers--The inlet temperature 
must be 35 [deg]F to 80 [deg]F, except that when a boiler is tested in 
the field after installation the inlet temperature may be as 
recommended by the manufacturer, but must not exceed 140 [deg]F. The 
outlet temperature shall be 180 [deg]F  2 [deg]F.
    (C) After steady state operation is achieved, the minimum duration 
of a test run shall be 30 minutes.
    (2) Test Measurements. Use the test procedure from Section 5, 
Efficiency by Heat Loss Method, of ASME PTC 4.1 (Incorporated by 
reference, see Sec.  431.85). Use the test conditions as specified in 
paragraph (d)(1) of this section. For a boiler that is capable of 
supplying either steam or hot water, follow paragraph (c)(2)(iii) of 
this section.
    (3) Calculation of Combustion Efficiency. Use the heat loss method 
for gas or oil fuel as specified in Section 7.3 and the Test Forms for 
the Abbreviated Efficiency Test, PTC 4.1-a (Summary Sheet) and PTC 4.1-
b (Calculation Sheet), of ASME PTC 4.1 to determine the combustion 
efficiency, except that the following specific heat loss terms (as 
listed in Section 7.3 of ASME PTC 4.1) to 0: sections 7.3.2.03 
(moisture in fuel), 7.3.2.01 (combustible in dry refuse), 7.3.2.10 
(radiation to surroundings), 7.3.2.05 through 7.3.2.09 and 7.3.2.11 
through 7.3.2.14 (unmeasured losses) must be set. (Incorporated by 
reference, see Sec.  431.85)

Energy Efficiency Standards


Sec.  431.87  Energy conservation standards and their effective dates.

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

[FR Doc. 04-17730 Filed 10-20-04; 8:45 am]
BILLING CODE 6450-01-U