[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)]
[Proposed Rules]
[Pages 45851-45860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19577]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 /
Proposed Rules
[[Page 45851]]
DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE-2017-BT-STD-0048]
Energy Conservation Program: Energy Conservation Standards for
Dedicated-Purpose Pool Pump Motors, Notice of Request for Direct Final
Rule
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy (DOE).
ACTION: Notice of joint stakeholder proposal for direct final rule, and
request for comments.
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SUMMARY: On August 14, 2018, the Department of Energy (DOE) received a
petition submitted by a variety of entities (collectively, the Joint
Stakeholders or the Petitioners) asking DOE to issue a direct final
rule for energy conservation standards for dedicated-purpose pool pump
(DPPP) motors. Through this notification, DOE seeks comment on whether
to proceed with the proposal, as well as any data or information that
could be used in DOE's determination whether to issue a direct final
rule.
DATES: Written comments and information are requested on or before
October 26, 2018.
ADDRESSES: Interested persons are encouraged to submit comments,
identified by ``Dedicated-Purpose Pool Pump Proposal'' and Docket
number ``EERE-2017-BT-STD-0048'', by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
Email: [email protected]. Include the docket number
``EERE-2017-BT-STD-0048'' in the subject line of the message.
Mail: Appliance and Equipment Standards Program, U.S. Department of
Energy, Building Technologies Office, Mailstop EE-5B, 1000 Independence
Avenue SW, Washington, DC 20585-0121. If possible, please submit all
items on a compact disc (CD), in which case it is not necessary to
include printed copies.
Hand Delivery/Courier: Appliance and Equipment Standards Program,
U.S. Department of Energy, Building Technologies Office, 950 L'Enfant
Plaza SW, Suite 600, Washington, DC 20024. Telephone: (202) 287-1445.
If possible, please submit all items on a CD, in which case it is not
necessary to include printed copies.
Docket: For access to the docket to read background documents, or
comments received, go to the Federal eRulemaking Portal at http://www.regulations.gov. All documents in the docket are listed in the
http://www.regulations.gov index. However, some documents listed in the
index, such as those containing information that is exempt from public
disclosure, may not be publicly available. The docket web page can be
found https://www.regulations.gov/docket?D=EERE-2017-BT-STD-0048. The
docket web page will contain simple instruction on how to access all
documents, including public comments, in the docket.
FOR FURTHER INFORMATION CONTACT: Jeremy Dommu, U.S. Department of
Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue
SW, Washington, DC, 20585, (202) 586-9870. Email:
[email protected].
Mary Greene, U.S. Department of Energy, Office of the General
Counsel, 1000 Independence Avenue SW, Washington, DC 20585, Email:
[email protected]; (202) 586-1817
SUPPLEMENTARY INFORMATION: As amended by the Energy Efficiency
Improvement Act of 2015, Public Law 114-11 (April 30, 2015), the Energy
Policy and Conservation Act (EPCA or, in context, the Act), Public Law
94-163 (42 U.S.C. 6291-6309, as codified), authorizes DOE to issue a
direct final rule establishing an energy conservation standard for a
product on receipt of a statement submitted jointly by interested
persons that are fairly representative of relevant points of view
(including representatives of manufacturers of covered products,
States, and efficiency advocates) as determined by the Secretary of
Energy (Secretary). That statement must contain recommendations with
respect to an energy or water conservation standard that are in
accordance with the provisions of 42 U.S.C. 6295(o) or 42 U.S.C. 6316,
as applicable. In publishing the petition in its entirety for public
comment, DOE is seeking views on whether to proceed with the petition
as suggested by the Joint Stakeholders.\1\ DOE is also interested in
the views of parties that were not part of the Joint Stakeholder group
to aid in determining if the Joint Stakeholders constitute a group of
interested persons that are fairly representative of relevant points of
view.
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\1\ The Joint Stakeholders include: Association of Pool & Spa
Professionals, Alliance to Save Energy, American Council for an
Energy Efficient Economy, Appliance Standards Awareness Project,
Arizona Public Service, California Energy Commission, California
Investor Owned Utilities, Consumer Federation of America, Florida
Consumer Action Network, Hayward Industries, National Electrical
Manufacturers Association, Natural Resources Defense Council, Nidec
Motor Corporation, Northwest Power and Conservation Council, Pentair
Water Pool and Spa, Regal Beloit Corporation, Speck Pumps, Texas
ROSE (Ratepayers' Organization to Save Energy), Waterway Plastics,
WEG, Zodiac Pool Systems.
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If DOE determines to issue the direct final rule for DPPPs, the
agency must simultaneously publish a notice of proposed rulemaking
(NOPR) that proposes an identical energy conservation standard and
provides for a public comment period of at least 110 days. 42 U.S.C.
6295(p)(4). Not later than 120 days after issuance of the direct final
rule, if DOE receives one or more adverse comments or an alternative
joint recommendation relating to the direct final rule, the Secretary
must determine whether the comments or alternative recommendation may
provide a reasonable basis for withdrawal under 42 U.S.C. 6295(o) or
other applicable law. If the Secretary makes such a determination, DOE
must withdraw the direct final rule and proceed with the simultaneously
published NOPR. DOE must publish in the Federal Register the reasons
why the direct final rule was withdrawn.
By seeking comment on whether to issue a direct final rule in
accordance with the Joint Stakeholders' petition, DOE takes no position
at this time regarding whether the submitted petition satisfies EPCA's
requirement that such a statement must be submitted by interested
persons that are fairly representative of relevant points of view and
that the proposal must be in compliance with the provisions of 42
[[Page 45852]]
U.S.C. 6295(o) or 42 U.S.C. 6316, as applicable. Further, DOE takes no
position at this time regarding the merits of the petition itself.
DOE notes that the Administrative Procedure Act (APA), 5 U.S.C. 551
et seq., provides among other things, that `[e]ach agency shall give an
interested person the right to petition for the issuance, amendment or
repeal of a rule.'' (5 U.S.C. 553(e)). DOE requests comment on whether
it should consider the petition from the Joint Stakeholders under this
authority should it determine it cannot proceed with consideration of
the proposal under the direct final rule authority. Again, while
seeking comment on this issue, DOE takes no position at this time
regarding the merits of the petition itself.
Submission of Comments
DOE invites all interested parties to submit in writing by October
26, 2018 comments and information regarding this proposal.
Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page will require you to provide your name and
contact information prior to submitting comments. Your contact
information will be viewable to DOE Building Technologies staff only.
Your contact information will not be publicly viewable except for your
first and last names, organization name (if any), and submitter
representative name (if any). If your comment is not processed properly
because of technical difficulties, DOE will use this information to
contact you. If DOE cannot read your comment due to technical
difficulties and cannot contact you for clarification, DOE may not be
able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to http://www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (CBI)). Comments submitted through
http://www.regulations.gov cannot be claimed as CBI. Comments received
through the website will waive any CBI claims for the information
submitted. For information on submitting CBI, see the Confidential
Business Information section.
DOE processes submissions made through http://www.regulations.gov
before posting. Normally, comments will be posted within a few days of
being submitted. However, if large volumes of comments are being
processed simultaneously, your comment may not be viewable for up to
several weeks. Please keep the comment tracking number that http://www.regulations.gov provides after you have successfully uploaded your
comment.
Submitting comments via hand delivery, or mail. Comments and
documents via hand delivery or mail will also be posted to http://www.regulations.gov. If you do not want your personal contact
information to be publicly viewable, do not include it in your comment
or any accompanying documents. Instead, provide your contact
information on a cover letter. Include your first and last names, email
address, telephone number, and optional mailing address. The cover
letter will not be publicly viewable as long as it does not include any
comments.
Include contact information in your cover letter each time you
submit comments, data, documents, and other information to DOE. If you
submit via mail or hand delivery, please provide all items on a CD, if
feasible. It is not necessary to submit printed copies. No facsimiles
(faxes) will be accepted.
Comments, data, and other information submitted electronically
should be provided in PDF (preferred), Microsoft Word or Excel,
WordPerfect, or text (ASCII) file format. Provide documents that are
not secured, written in English and free of any defects or viruses.
Documents should not include any special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. According to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery two well-marked copies: One copy
of the document marked confidential including all the information
believed to be confidential, and one copy of the document marked non-
confidential with the information believed to be confidential deleted.
Submit these documents via email or on a CD, if feasible. DOE will make
its own determination about the confidential status of the information
and treat it according to its determination.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include (1) a description of the
items, (2) whether and why such items are customarily treated as
confidential within the industry, (3) whether the information is
generally known by or available from other sources, (4) whether the
information has previously been made available to others without
obligation concerning its confidentiality, (5) an explanation of the
competitive injury to the submitting person which would result from
public disclosure, (6) when such information might lost its
confidential character due to the passage of time, and (7) why
disclosure of the information would be contrary to the public interest.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
DOE considers public participation to be a very important part of
its process for considering rulemaking petitions. DOE actively
encourages the participation and interaction of the public during the
comment period. Interactions with and between members of the public
provide a balanced discussion of the issues and assist DOE in
determining how to proceed with a petition. Anyone who wishes to be
added to DOE mailing list to receive future notifications and
information about this petition should contact Appliance and Equipment
Standards Program staff at (202) 287-1445 or via email at
[email protected].
Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this
notification of petition for rulemaking.
[[Page 45853]]
Signed in Washington, DC on August 31, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
Joint Statement of Joint Stakeholder Proposal for Energy Conservation
Standards for Dedicated-Purpose Pool Pump Motors
Docket No. EERE-2017-BT-STD-0048
August 14, 2018
Association of Pool & Spa Professionals
Alliance to Save Energy American Council for an Energy-Efficient
Economy
Appliance Standards Awareness Project
Arizona Public Service
California Energy Commission
California Investor Owned Utilities
Consumer Federation of America
Florida Consumer Action Network
Hayward Industries
National Electrical Manufacturers Association
Natural Resources Defense Council
Nidec Motor Corporation
Northwest Power and Conservation Council
Pentair Water Pool and Spa
Regal Beloit Corporation
Speck Pumps
Texas ROSE (Ratepayers' Organization to Save Energy)
Waterway Plastics
WEG
Zodiac Pool Systems
I. Introduction and Overview
In January 2017, the U.S. Department of Energy (``DOE'')
established the first national energy-efficiency standards for
dedicated-purpose pool pumps (``DPPPs'') through the adoption of a
direct final rule (``DFR''). DOE confirmed the adoption of the
standards and the effective date and compliance date in a notice
published in May 2017. The compliance date of the new standards is
July 19, 2021. The DPPP standards were negotiated by an Appliance
Standards and Rulemaking Federal Advisory Committee (ASRAC) working
group consisting of representatives of pool pump and motor
manufacturers, state government, utilities, and efficiency
advocates. For most in-ground pools, the standard levels reflect
variable-speed technology. Pumps for small in-ground pools, pumps
for above-ground pools, and pressure cleaner booster pumps can
continue to be single-speed.
For a small number of hours a day, pool pumps need to operate at
a high speed to provide a high flow rate for mixing/cleaning, but
most of the time they just need to circulate the pool water through
the filtration system at a low flow rate. Variable-speed pumps can
reduce energy use by about 70% relative to single-speed pumps by
being able to operate at a lower speed for the hours during which
the pump is circulating water for filtration. In addition to saving
energy, operating the pump at a lower speed reduces noise levels,
improves filtration effectiveness, and can extend the life of other
pool equipment.
The DPPP standards will provide very large savings for
consumers. There are more than 8 million pools in the U.S.\1\ DOE
estimated average life-cycle cost savings for owners of in-ground
pools of $2,140 with a simple payback of less than 1 year.\2\ The
average annual operating cost savings are about $550.\3\ However,
the DPPP standards do not address replacement motors, which presents
a significant loophole that seriously threatens both the consumer
savings from the standards and the investments that manufacturers
are making to comply with the standards. If the replacement motor
loophole is not addressed, there will be a disruption in the market
between regulated pump/motor combinations (DPPPs) and unregulated
replacement motors. This would result in significant negative
impacts for both consumers and domestic manufacturers.
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\1\ http://www.apsp.org/Portals/0/2016%20Website%20Changes/2015%20Industry%20Stats/2015%20Industry%20Stats.pdf.
\2\ 82 Fed. Reg. 5652 (January 18, 2017). Results for standard-
size self-priming pool filter pumps.
\3\ 82 Fed. Reg. 5715.
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The motor on a pool pump will often fail before the pump itself
needs to be replaced, and motor-only replacements are common.
Without a complementary standard for DPPP motors, when replacing a
pool pump motor, consumers will continue to be sold inefficient,
wasteful products. Today, even though variable-speed motors provide
substantial savings to consumers as well as other benefits,
significant market barriers prevent most consumers from realizing
these benefits. When a motor on a pool pump fails, the consumer's
priority must be to get the motor (or pump and motor) replaced as
soon as possible in order to maintain sanitary and safe pool
conditions. This means that when faced with a purchase decision,
consumers have very little time to research their options. In many
cases, service installers may install a replacement motor without
providing any options to the consumer. Despite significant
educational efforts on the part of pool pump manufacturers, service
installers are often uninformed about variable-speed technology. In
addition, the priority of service installers is generally to make a
sale, not to provide the best option for the consumer. This is the
case today even though service installers could make additional
profit by selling variable-speed pumps and motors.
The consequences of a lack of understanding of variable-speed
technology will become particularly significant once the DPPP
standards take effect in 2021. Most consumers do not understand that
the substantial savings from a variable-speed pump come from the
motor. Consumers will likely assume that replacing the motor on a
variable-speed pump will have no effect on the performance of their
pump. But in fact, if an existing variable-speed motor is replaced
with a single-speed motor, the consumer will lose all the energy
savings and other benefits (including the quieter operation) of
their variable-speed pump. When looking to replace a pool pump
motor, a consumer with a variable-speed pool pump that meets the
DPPP standards may therefore unknowingly end up with a single-speed
replacement motor that would immediately increase their electricity
bills by hundreds of dollars each year and not provide the
additional benefits of variable-speed technology.
For manufacturers, a disruption in the market would lead to
lower sales of regulated DPPPs and increased sales of unregulated,
inefficient replacement motors. While most pool pumps are
manufactured domestically, most of the motors for pool pumps are
manufactured in China. Two of the major pool pump manufacturers have
more than 1,400 pool equipment manufacturing jobs in North Carolina
alone. Increased sales of inefficient, imported replacement motors
would seriously undercut domestic manufacturers' investments in
meeting the DPPP standards, putting American manufacturing jobs at
risk.
Furthermore, if DOE does not address the replacement motor
loophole, individual states may step in with their own standards.
Currently, there are multiple state standards for pool pumps and
motors. State standards are significantly more burdensome for
manufacturers than a single national standard because they may and
do result in different requirements in different states and require
manufacturers to set up specific distribution channels to ensure
that they do not sell noncompliant products in those states. As of
July 19, 2021, the current state standards for pool pumps will be
replaced with a single national standard. But if DOE does not
establish complementary standards for DPPP motors, manufacturers
will continue to be faced with a patchwork of state standards. A
single national standard for DPPP motors is strongly preferred to
reduce burdens on manufacturers, ensure a level playing field across
state lines, and ensure that all consumers are protected from
inefficient, wasteful products, regardless of where they live.
In comments on the 2017 DFR, multiple stakeholders urged DOE to
consider complementary standards for pool pump motors. In the
confirmation of effective date and compliance date for the DFR, DOE
stated: ``DOE plans to hold a public meeting in the near future with
the interested parties to gather data and information that could
lead to the consideration of energy conservation standards for
replacement pool pump motors.'' \4\ DOE subsequently held a public
meeting on August 10, 2017, where DOE presented potential scope,
definitions, and metrics for DPPP motors. DOE also noted in the
presentation materials from the meeting that if DOE were to
``receive a consensus agreement there could be
[[Page 45854]]
deviations from the typical process to expedite'' the rulemaking.\5\
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\4\ 82 Fed. Reg. 24220 (May 26, 2017).
\5\ https://www.regulations.gov/document?D=EERE-2017-BT-STD-0048-0003. Slide 10.
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After the August 2017 public meeting, representatives from pool
pump and motor manufacturers, state government, utilities, and
efficiency advocates (the ``Joint Stakeholders'') formed a technical
working group to negotiate recommended standards for DPPP motors.
Appendix A to this Joint Statement includes the Joint Stakeholders'
recommendations.
The Joint Stakeholders request that DOE adopt our
recommendations with a DFR rule using the Department's authority
over ``electric motors'' and to align the compliance date for DPPP
motors with the DPPP compliance date of July 19, 2021. In order to
protect consumers, ensure that the significant investments that
domestic manufacturers are making to comply with the DPPP standards
are not undercut, and avoid a continuation of state standards, there
must be no delay in the July 19, 2021 DPPP compliance date.
II. Identity of the Joint Stakeholders
The Association of Pool & Spa Professionals (APSP) represents
over 3100 company members. APSP is the world's oldest and largest
association representing swimming pool, hot tub, and spa
manufacturers, distributors, manufacturers' agents, designers,
builders, installers, suppliers, retailers, and service
professionals. Dedicated to the growth and development of its
members' businesses and to promoting the enjoyment and safety of
pools and spas, APSP offers a range of services, from professional
development to advancing key legislation and regulation at the
federal and local levels, to consumer outreach and public safety.
APSP is the only industry organization recognized by the American
National Standards Institute to develop and promote national
standards for pools, hot tubs, and spas.
The Alliance to Save Energy is a non-profit, bipartisan
coalition of business, government, environmental, and consumer-
interest leaders that advocates for enhanced U.S. energy
productivity to achieve economic growth; a cleaner environment; and
greater energy security, affordability, and reliability.
The American Council for an Energy-Efficient Economy (ACEEE)
acts as a catalyst to advance energy efficiency policies, programs,
technologies, investments, and behaviors. We believe that the United
States can harness the full potential of energy efficiency to
achieve greater economic prosperity, energy security, and
environmental protection for all its people.
The Appliance Standards Awareness Project (ASAP) is a coalition
that includes representatives of efficiency, consumer and
environmental groups, utility companies, state government agencies,
and others. Working together, the ASAP coalition seeks to advance
cost-effective efficiency standards at the national and state levels
through technical and policy advocacy and through outreach and
education.
Arizona Public Service is Arizona's largest and longest-serving
electric company, serving more than 1.2 million customers across the
state.
The California Energy Commission (CEC) is the primary energy
policy and planning agency of the State of California. The CEC
regularly participates in coalition efforts and federal efficiency
rulemakings to seek more stringent energy conservation regulations
from DOE that will apply to California's regulated appliances, where
DOE's authority to adopt new efficiency standards preempts states
from issuing their own without prior DOE approval or waiver. The CEC
currently has efficiency standards for pool pump and motor
combinations, and has proposed to establish efficiency standards for
replacement pool pump motors should national standards not be
forthcoming.
The California Investor Owned Utilities (CA IOUs), consisting of
Pacific Gas and Electric Company (PG&E), San Diego Gas and Electric
(SDG&E), and Southern California Edison (SCE), represent some of the
largest utility companies in the Western United States, serving over
32 million customers. The CA IOUs have been involved with pool
energy efficiency for over 15 years. During that time, the CA IOUs
have developed and implemented various pool efficiency rebate
programs, and in 2004, proposed and supported the adoption of the
first in the nation appliance standards for pool pump motors in
California. These standards included a test and list requirement for
pool pumps to enable the reporting of Energy Factor, a metric
developed by the CA IOUs that is now used by the ENERGY STAR
program.
The Consumer Federation of America (CFA) is an association of
more than 250 nonprofit consumer organizations that was established
in 1968 to advance the consumer interest through research, advocacy,
and education. For decades, CFA has advocated for cost-effective
energy efficiency standards that benefit consumers through lower
energy bills.
The Florida Consumer Action Network (FCAN) is a non-profit that
advocates on issues including energy efficiency, utilities,
environment, health care, and insurance. FCAN is affiliated with the
Consumer Federation of America and Fair Share. FCAN stands for an
America where everyone gets their fair share, does their fair share,
and pays their fair share; and where everyone plays by the same
rules.
Hayward Industries, Inc. is a leading global manufacturer of
residential and commercial pool equipment and industrial flow
control products. Headquartered in Elizabeth, New Jersey with over
1,500 US-based employees, Hayward designs, manufactures,
distributes, and markets a complete line of residential pool
equipment including pumps, filters, heaters, automatic cleaners,
sanitizers, automation, and lights. Hayward is a strong advocate of
energy saving products as witnessed by its growing portfolio of
energy efficient equipment, including a broad range of ENERGY
STAR[supreg] approved variable speed pumps.
The National Electrical Manufacturers Association (NEMA)
represents nearly 350 electrical equipment and medical imaging
manufacturers that make safe, reliable, and efficient products and
systems. Our combined industries account for 360,000 American jobs
in more than 7,000 facilities covering every state. Our industry
produces $106 billion shipments of electrical equipment and medical
imaging technologies per year with $36 billion exports.
The Natural Resources Defense Council (NRDC) is a national
environmental advocacy organization with over 1.3 million members
and online activists. NRDC has spent decades working to build and
improve DOE's federal appliance standards programs because of the
important energy, environmental, consumer, and reliability benefits
of appliance efficiency standards. NRDC participated in the
enactment of the first federal legislation establishing efficiency
standards, and has been active in all significant rulemakings since
then.
Nidec Motor Corporation is a leading manufacturer of commercial,
industrial, and appliance motors and controls. The NMC product line
features a full line of high efficiency motors, large and small,
which serve industrial, residential, and commercial markets in
applications ranging from agriculture, water treatment, mining, oil
and gas, and power generation to pool and spa motors, air
conditioning condensers, rooftop cooling towers, and commercial
refrigeration. It also makes motors, controls, and switches for
automotive and commercial markets.
The Northwest Power and Conservation Council is an interstate
compact authorized by Congress in the Northwest Power Act of 1980
(P.L.96-501) to ensure that the region has an adequate, efficient,
economical, and reliable power supply system. The members of the
Council are appointed by the Governors of the four Northwest states
of Idaho, Montana, Oregon and Washington.
Pentair is a leading manufacturer of smart, sustainable water
solutions for homes, business and industry around the world. Our
industry leading and proven portfolio of solutions enables people,
business and industry to access clean, safe water, reduce water
consumption, and recover and reuse it. Whether it's improving,
moving or helping people enjoy water, we help manage the world's
most precious resource. A strategic business of Pentair, Pentair
Aquatics Systems is based in Cary, N.C., and is one of the world's
leading providers of premium pumps, filters, heaters, controls,
cleaners, lighting systems, water features, and maintenance products
for swimming pools and spas.
Regal is a manufacturing company with over 5,770 employees in
the USA. Regal is a leading manufacturer of electric motors,
electrical motion controls, power generation and transmission
products with sales of over $3.4B in 2017. Regal is a technology
leader in high-efficiency products.
Speck Pumps is a leading international manufacturer of high-
quality pumps for commercial and industrial applications.
Texas ROSE (Texas Ratepayers' Organization to Save Energy) is a
non-profit organization dedicated to helping Texans' get affordable
electricity and a healthy environment. We provide straightforward
information to consumers and advocate for customer protections for
consumers, energy
[[Page 45855]]
efficiency programs, and customer education by providing information
to the Public Utility Commission (PUC), Austin City Council and the
Texas Legislature. Texas ROSE has been involved in helping to create
utility programs to provide lower rates for low-income consumers and
weatherization programs to permanently lower energy use and utility
bills.
Waterway Plastics is proud to design, engineer and manufacture
pool and spa pumps, filters, white goods and accessories and other
pool and spa products in Oxnard, CA, USA.
WEG is a manufacturer of industrial and commercial components
and systems solutions for customers across multiple markets around
the world. WEG is 30,000 employees strong across 12 manufacturing
locations and 28 commercial sites, holding the distinction of having
largest manufacturing site in the world at its headquarters in
Jarugua Du Sol, Brazil. This campus is 3.57M square feet and
occupied by nearly 13,000 employees. WEG has over 3,000 employees in
the US between the US Headquarters in Atlanta, an industrial motor
manufacturing location in Minneapolis, a transformer manufacturer in
Missouri, and the Global Center of Commercial Motors Excellence in
Bluffton, IN. The US is served out of these locations, with
manufactured product support out of Mexico and Brazil. Over half of
the product produced in the US is applied into pumping applications,
whether it be clean water or dirty, or even hydroelectric power
generation. WEG has traditionally focused it sales from its genesis
in 1942 up to around 1985 in the local Brazilian market, though
through a combination of acquisition and organic development, export
sales has increased by an amazing 36 times, with infrastructure and
skills to continue a strong growth pattern well into the future.
Zodiac Pool Systems, LLC is a global leader in swimming pool and
spa products and services. Zodiac is recognized as a leading, global
provider of premium, innovative pool and spa products, equipment and
solutions for in-ground residential swimming pools and spas. Zodiac
is committed to designing and producing energy efficient, earth-
friendly pool products and systems.
III. Development of the Recommendations
The Joint Stakeholders' recommendations were developed during a
series of meetings between December 2017 and June 2018 of a
technical working group consisting of pool pump and motor
manufacturers, state government, utilities, and efficiency
advocates. The goal of the working group was to develop a set of
consensus recommendations for standards for DPPP motors to align
with the standards for DPPPs and to take effect concurrently with
the DPPP standards on July 19, 2021.
IV. The Joint Stakeholders' Proposal
The Joint Stakeholders' proposal (included as Appendix A)
includes recommendations for definitions, scope of coverage,
prescriptive requirements, labeling, reporting, compliance date, and
verification. Importantly, our proposal would not result in any
change to the current DPPP standards and instead is complementary.
There are also no new costs associated with our proposal because the
analysis for the DPPP rulemaking already accounted for the costs of
motor replacements.
A. Definitions
Our proposed definitions include a definition for ``dedicated-
purpose pool pump motor,'' which covers any motor that is certified
to UL 1004-10 \6\ and/or designed and/or marketed for use in DPPP
applications. Our proposed definitions also define motors that meet
the definition for ``dedicated- purpose pool pump motor'' but that
would be exempt from the standards that we are proposing. These
definitions for exempted motors were crafted such as to minimize the
risk of any potential loopholes.
---------------------------------------------------------------------------
\6\ Note: UL 1004-10 is in the process of being developed. We
will provide an update to DOE once the UL standard has been
published.
---------------------------------------------------------------------------
B. Scope of Coverage
DPPP motors are electric motors. Our proposed scope of coverage
includes DPPP motors with total horsepower (THP) less than or equal
to 5 THP. The 5 THP upper bound aligns with the upper bound for
hydraulic horsepower (HHP) in the standards for DPPPs for self-
priming and non-self-priming pool filter pumps. (5 THP is roughly
equivalent to 2.5 HHP.) Our proposed scope of coverage would exempt
six types of pool pump motors from our proposed standards: polyphase
motors capable of operating without a drive (and distributed in
commerce without a drive), waterfall pump motors, rigid electric spa
pump motors, storable electric spa pump motors, integral cartridge-
filter pool pump motors, and integral sand-filter pool pump motors.
These exemptions align with the DPPP standards.\7\ The exemption for
polyphase motors is designed to exclude three-phase motors that are
intended for use in commercial applications (where there is three-
phase power available), but to include three-phase motors that
operate with a drive that converts single-phase power to three-phase
power and are intended for use in residential applications.
---------------------------------------------------------------------------
\7\ Note: Integral cartridge filter and integral sand filter
pool pumps are subject to the DPPP standards, but they do not have
to meet an energy performance requirement.
---------------------------------------------------------------------------
Our proposed standards (described below) would apply to DPPP
motors that are sold as replacements as well as motors that are part
of DPPPs. All pool pump motors would thus be treated equally and
subject to the same requirements. Importantly, our proposed scope of
coverage includes DPPP motors in DPPPs regardless of whether the
DPPP is manufactured domestically or imported. If motors in imported
DPPPs were not covered, manufacturers that manufacture DPPPs
domestically would be put at a disadvantage. Our proposed scope of
coverage will thus provide a level playing field and protect U.S.
manufacturing.
C. Prescriptive Requirements
Our proposal for standards for DPPP motors is a prescriptive
approach. We believe that a prescriptive approach is the quickest
and simplest way to address the replacement motor loophole. We
originally considered a performance-based approach. However, a
performance approach for DPPP motors would require an entirely new
metric and test procedure, which would significantly delay
implementation of our proposal, thereby increasing manufacturer
burden. Our proposed prescriptive requirements align with the DPPP
standards while avoiding the need for a test procedure rulemaking.
Importantly, our prescriptive approach still gives manufacturers
significant flexibility to provide a wide range of efficient motor
options to consumers including different speed options and user
interfaces.
Our proposed standards include three prescriptive requirements
that align with the DPPP standards. First, DPPP motors would be
prohibited from operating with a capacitor start induction run
(CSIR) or split phase (SP) configuration at maximum operating speed.
This requirement aligns the motor types for DPPP motors with the
DPPP standards. This requirement is also consistent with existing
state standards in Arizona, California, Connecticut, and Washington.
Prohibiting these inefficient motor configurations will help prevent
low-quality foreign imports from undercutting U.S. manufacturers and
ensure that consumers are not stuck with very inefficient motors
that would increase their electricity bills.
Second, DPPP motors with THP greater than or equal to 1.15 THP
would be required to meet the definition of ``variable-speed control
dedicated-purpose pool pump motor,'' which we have defined. The 1.15
THP threshold aligns with the 0.711 HHP threshold in the DPPP
standards for self-priming pool filter pumps. (1.15 THP is roughly
equivalent to 0.711 HHP.) Almost all motors used in non-self-priming
pool filter pumps and pressure cleaner booster pumps have THPs less
than 1.15 THP. Therefore, DPPP motors that must meet the definition
of ``variable-speed control dedicated-purpose pool pump motor'' will
almost exclusively be motors for self-priming pool filter pumps,
aligning with the DPPP standards.
Our proposed definition for ``variable-speed control dedicated-
purpose pool pump motor'' would include motors that provide at least
four speed options. Providing the choice of a variety of speeds
would align with the DPPP standards, which, for most in-ground
pumps, are based on the performance of pumps with variable-speed
motors. At the same time, our proposed definition would provide
manufacturers flexibility in developing new products. In particular,
our proposed definition would allow manufacturers to introduce
lower-cost motors that are not ``true'' variable-speed products, but
that still provide very substantial energy savings and performance
consistent with the DPPP standards. Our proposed definition for
``variable-speed control dedicated-purpose pool pump motor'' also
includes specifications for how these motors must be distributed in
commerce to ensure that they have the ability to operate at a
variety of speeds in the field (e.g., be distributed with a variable
speed drive), which align with the DPPP standards. Since variable-
speed replacement motors may be sold without a
[[Page 45856]]
drive (e.g., if the existing installed drive is still functioning),
we have also provided the option for a variable-speed motor to be
sold without a drive as long as it cannot operate without a drive.
Our proposed definition for ``variable-speed control dedicated-
purpose pool pump motor'' also includes specifications regarding
high speed override capability and default settings to help ensure
that motors meeting this definition deliver the expected savings for
consumers.
Finally, DPPP motors with freeze protection controls would be
subject to the same requirements as DPPPs with freeze protection
controls. These requirements are designed to ensure that motors with
freeze protection controls do not end up running for more hours than
are required to provide adequate freeze protection, resulting in
significant wasted energy and unnecessary additional electricity
costs for consumers.
D. Labeling
Our preference is for labeling requirements to be included as
part of the rule for DPPP motors. Our proposed labeling requirements
include the dedicated-purpose pool pump motor total horsepower and
whether the motor is single-speed, two-speed, multi-speed, or
variable-speed control. These labeling requirements would provide
additional information to both consumers and installers and help
standardize the use of total horsepower throughout the industry.
E. Reporting
We are proposing that reporting requirements for DPPP motors
include, but not be limited to, information about the settings of
the controls for motors with freeze protection controls. These
reporting requirements align with the reporting requirements for
DPPPs.
F. Compliance Date
The compliance date for DPPP motors must be July 19, 2021 to
align with the compliance date for DPPPs. Aligning the compliance
dates is essential in order to prevent a loophole for replacement
motors and to avoid the need for manufacturers to convert their
product lines twice, which would significantly increase their costs
and, in turn, costs for consumers.
Further, the compliance date for DPPPs must remain July 19,
2021. U.S. manufacturers of both pool pumps and motors are already
making significant investments to comply with the DPPP standards. If
enforcement of the DPPP standards were to be delayed beyond the
current compliance date, the beneficiaries of such a delay would be
foreign manufacturers who have not yet made investments in upgrading
their technology and who would see an opportunity to sell
inefficient pumps to the U.S. market. This outcome would inflict
serious harm on domestic manufacturers by undercutting their
investments, which would threaten American manufacturing jobs.
Manufacturers would also face market confusion in the event that the
standards continued to be enforced through state building codes,
despite a federal delay on enforcement. Finally, a delay would
seriously harm consumers who would continue to be sold inefficient,
wasteful products, costing them hundreds of dollars in electricity
bill savings each year.
G. Verification of Total Horsepower
We are proposing that for purposes of verifying THP, DOE should
use the test procedure for DPPPs, which includes methods for
determining dedicated-purpose pool pump motor total horsepower.
V. Benefits of the Joint Stakeholder Proposal
Our proposal for DPPP motors will provide significant benefits
to consumers, manufacturers, and the electric grid. By closing the
replacement motor loophole, consumers will be assured that when
replacing the motor on a variable-speed pump, the new motor will
continue to provide the $550 in average annual operating cost
savings and the additional benefits of variable-speed technology.
Pool pump manufacturers will be protected against a market shift to
unregulated, foreign-made replacement motors, which would threaten
American manufacturing jobs. Finally, because pool pumps often
operate the most in the summer and during times of peak demand,
protecting the significant electricity savings from the DPPP
standards will also protect the corresponding reductions in peak
demand, which bolster electric grid resilience. Reductions in peak
demand also help lower electricity rates, which benefits all
consumers. However, in order for these significant benefits to
consumers, manufacturers, and the electric grid to be realized, the
compliance date for DPPP motor standards must be July 19, 2021, and
there must be no delay in the DPPP compliance date.
VI. Electric Motors Authority
DOE should adopt our proposal for standards for DPPP motors
using the Department's authority over ``electric motors.''
``Electric motor'' is defined as ``a machine that converts
electrical power into rotational mechanical power'' (10 CFR 431.12).
DPPP motors are electric motors, and electric motors are already
covered equipment.
VII. Use of a DFR
DOE should adopt our proposal for standards for DPPP motors
using a DFR. Importantly, a DFR will ensure that the compliance date
for DPPP motors can be aligned with that for DPPPs. As described
above, alignment of the compliance dates is essential in order to
close the replacement motor loophole and to avoid manufacturers
having to convert their product lines twice. Further, it is
essential that the compliance dates for both DPPPs and DPPP motors
be July 19, 2021 as any delay in the compliance date for DPPPs would
have serious negative consequences for both consumers and domestic
manufacturers.
DOE has the authority to issue a DFR ``on receipt of a statement
that is submitted jointly by interested persons that are fairly
representative of relevant points of view (including representatives
of manufacturers of covered products, States, and efficiency
advocates)'' (42 U.S.C. 6295(p)(4)). The signatories to this Joint
Statement include all relevant stakeholders including manufacturers
of both pool pumps and motors; a trade association that represents
pool pump and pool pump motor manufacturers and installers; a trade
association that represents motor manufacturers; states; consumer
advocate organizations; efficiency and environmental organizations;
and electric utilities.
While we believe that all relevant stakeholders are represented
by the signatories to this Joint Statement, to the extent that there
is any concern regarding the ability for any other party to provide
input on our recommended standards before they are issued as part of
a DFR, DOE could publish our Joint Statement and provide a limited
(e.g., 30-day) comment period.
VIII. Executive Order Compliance
Importantly, there are no new costs associated with our
proposal. The analysis for the DPPP rulemaking already accounted for
the costs of motor replacements for the portion of consumers that
will replace the motor during the life of their pump. Specifically,
the DPPP rulemaking assumed like-for-like motor replacements (e.g.,
that a variable-speed motor would be replaced with a new variable-
speed motor). The assumption of like-for-like motor replacements
does not reflect the real-world situation and the high likelihood of
many variable-speed motors on compliant pumps being replaced not
with variable-speed motors, but with inefficient single-speed
motors. Nevertheless, because the costs of variable-speed
replacement motors were already accounted for in the DPPP
rulemaking, DOE would be double counting the costs if the Department
were to include costs associated with motor replacements in a DPPP
motors rulemaking.
Since there are no costs associated with our proposal relative
to the costs assumed in the DPPP rule, we believe that our proposal
would not be subject to Executive Orders 12866 and 13771.
IX. Conclusion
The Joint Stakeholders strongly urge DOE to adopt our proposal
for standards for DPPP motors contained in Appendix A in order to
protect consumers and the investments being made by domestic
manufacturers. We encourage DOE to act expeditiously in order to
ensure alignment of the compliance date for DPPP motors with the
compliance date for DPPPs (July 19, 2021).
Sincerely,
BILLING CODE 6450-01-P
[[Page 45857]]
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[[Page 45858]]
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[GRAPHIC] [TIFF OMITTED] TP11SE18.003
BILLING CODE 6450-01-C
APPENDIX A
Dedicated-Purpose Pool Pump (DPPP) Motors Joint Stakeholder Proposal
Definitions
Capacitor-start, induction-run means a single-phase induction
motor configuration with a main winding arranged for direct
connection to a source of power and an auxiliary winding connected
in series with a capacitor. The motor configuration has a capacitor
phase, which is in the circuit only during the starting period.
Dedicated-purpose pool pump motor means an electric motor that
is single-phase or polyphase which complies with and is certified to
UL 1004-10 and/or is designed and/or marketed for use in dedicated-
purpose pool pump applications.
Designed and marketed means that the equipment is designed to
fulfill the intended application and, when distributed in commerce,
is designated and marketed solely for that application, with the
designation on all the packaging and all publicly available
documents (e.g., product literature, catalogs, and packaging
labels).
Designed and/or marketed means that the equipment is designed to
fulfill the intended application and/or, when distributed in
commerce, is designated and marketed for that application, with the
designation on the packaging and/or any publicly available documents
(e.g., product literature, catalogs, and packaging labels).
Drive means a power converter (such as a variable speed drive or
phase-converter).
Integral cartridge-filter pool pump motor means a dedicated-
purpose pool pump motor that is distributed in commerce as a
component of an integral cartridge-filter pool pump as defined at 10
CFR 431.462.
Integral sand-filter pool pump motor means a dedicated-purpose
pool pump motor that is distributed in commerce as a component of an
integral sand-filter pool pump as defined at 10 CFR 431.462.
Maximum operating speed means the rated full-load speed of a
motor powered by a 60 Hz alternating current (AC) source.
Rigid electric spa pump motor means a dedicated-purpose pool
pump motor that does not have a C-flange or square flange mounting
and that is:
(1) labeled,
(2) designed, and
(3) marketed for use only in rigid electric spas as defined at
10 CFR 431.462.
Split phase means a single-phase induction motor configuration
with an auxiliary winding displaced in magnetic position from, and
connected in parallel with the main winding. The auxiliary circuit
is open when the motor has attained a predetermined speed.
Storable electric spa pump motor means a dedicated-purpose pool
pump motor that is distributed in commerce as a component of a
storable electric spa pump as defined at 10 CFR 431.462.
Waterfall pump motor means a dedicated-purpose pool pump motor
with a maximum speed less than or equal to 1,800 rpm that is
designed and marketed for waterfall pump applications and labeled
for use only with waterfall pumps.
Scope of coverage
DPPP motors meet the definition of electric motor at 10 CFR
431.12. The standards will apply to dedicated-purpose pool pump
(DPPP) motors, including DPPP motors incorporated in DPPPs produced
domestically and imported, with dedicated-purpose pool pump motor
total horsepower (THP) as defined at 10 CFR 431.462 less than or
equal to 5 THP, with the following exemptions:
Exempted DPPP motors:
Polyphase motors capable of operating without a drive
and distributed in commerce without a drive that converts single-
phase power to polyphase power
Waterfall pump motors
Rigid electric spa pump motors
Storable electric spa pump motors
Integral cartridge-filter pool pump motors
Integral sand-filter pool pump motors
Prescriptive requirements
There will be prescriptive requirements for all DPPP motors, for
DPPP motors with a THP greater than or equal to 1.15 THP, and for
DPPP motors with freeze protection controls. DPPP motors include
motors manufactured domestically, motors imported alone, and motors
imported as a component of a DPPP assembly.
DPPP motors
DPPP motors must not operate with a capacitor start induction
run (CSIR) or split phase (SP) configuration at maximum operating
speed.
DPPP motors with THP greater than or equal to 1.15 THP
DPPP motors with THP greater than or equal to 1.15 THP will have
a prescriptive speed control requirement.
Prescriptive Requirement: Variable Speed Control
Each dedicated-purpose pool pump motor with a dedicated-purpose
pool pump motor total horsepower greater than or equal to 1.15 THP
shall meet the definition of a variable-speed control dedicated-
purpose pool pump motor.
A variable-speed control dedicated-purpose pool pump motor
means:
A dedicated-purpose pool pump motor that is capable of operating
at four or more discrete, user- or pre-determined operating speeds,
where one of the operating speeds is the maximum operating speed and
at least:
One of the operating speeds is 75% to 85% of the
maximum operating speed;
[[Page 45860]]
One of the operating speeds is 45% to 55% of the
maximum operating speed;
One of the operating speeds is less than or equal to
40% of the maximum operating speed and greater than zero.
And that must be distributed in commerce either:
(1) With a variable speed drive and with a user interface that
changes the speed in response to pre- programmed user preferences
and allows the user to select the duration of each speed and/or the
on/off times;
(2) With a variable speed drive and without a user interface
that changes the speed in response to pre-programmed user
preferences and allows the user to select the duration of each speed
and/or the on/off times, but is unable to operate without the
presence of a user interface; or
(3) Without a variable speed drive and with or without a user
interface, but is unable to operate without the presence of a
variable speed drive.
And:
(1) Any high speed override capability shall be for a temporary
period not to exceed one 24-hour cycle without resetting to default
settings or resuming normal operation according to pre- programmed
user preferences; and
(2) Any factory default setting for daily run time schedule may
not include more hours at an operating speed above 55% of maximum
operating speed than the hours at or below 55% of maximum operating
speed; or if a motor is distributed in commerce without a default
setting for daily run time schedule, the default operating speed
after any priming cycle (if applicable) must be no greater than 55%
of the maximum operating speed.
DPPP motors with freeze protection controls
For all dedicated-purpose pool pump motors distributed in
commerce with freeze protection controls, the motor must be shipped
with freeze protection disabled or with the following default, user-
adjustable settings:
(1) The default dry-bulb air temperature setting is no greater
than 40 [deg]F;
(2) The default run time setting shall be no greater than 1 hour
(before the temperature is rechecked); and
(3) The default motor speed shall not be more than \1/2\ of the
maximum speed.
Labeling
If DOE is able to implement labeling requirements, the permanent
nameplate must be marked clearly with the following information:
(A) The dedicated-purpose pool pump motor total horsepower; and
(B) Either: single-speed, two-speed, multi-speed, or variable-
speed control.
Reporting
Certification reporting requirements should include, but not be
limited to,:
(A) For dedicated-purpose pool pump motors distributed in
commerce with freeze protection controls, a statement regarding
whether freeze protection is shipped enabled or disabled, and for
dedicated-purpose pool pump motors distributed in commerce with
freeze protection controls enabled, the default dry-bulb air
temperature setting (in [deg]F), default run time setting (in
minutes), and default motor speed (in rpm).
Compliance date
The compliance date should be July 19, 2021 to align with the
compliance date of the DPPP standards.
Verification of THP
For purposes of verifying THP, DOE should use the DPPP test
procedure at 10 CFR 431 Appendix C to Subpart Y.
[FR Doc. 2018-19577 Filed 9-10-18; 8:45 am]
BILLING CODE 6450-01-P