[Federal Register Volume 85, Number 236 (Tuesday, December 8, 2020)]
[Proposed Rules]
[Pages 78967-78971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26722]
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DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE-2019-BT-TP-0027]
RIN 1904-AE80
Energy Conservation Program: Test Procedures for Commercial
Equipment; Early Assessment Review: Packaged Terminal Air Conditioners
and Packaged Terminal Heat Pumps
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Request for information (RFI).
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SUMMARY: The U.S. Department of Energy (``DOE'') is undertaking an
early assessment review to determine whether to proceed with a
rulemaking to amend DOE's test procedures for packaged terminal air
conditioners (``PTACs'') and packaged terminal heat pumps (``PTHPs'')
to adopt the most recent procedures referenced in the American Society
of Heating, Refrigerating and Air-Conditioning Engineers (``ASHRAE'')
Standard 90.1, ``Energy Standard for Buildings Except Low-Rise
Residential Buildings,'' which are consistent with DOE's current test
procedures, unless there exists clear and convincing evidence
supporting the adoption of alternate procedures. DOE welcomes written
comments from the public on any subject within the scope of this
document (including topics not raised in this RFI), as well as the
submission of data and other relevant information concerning this early
assessment review.
DATES: Written comments and information will be accepted on or before
February 22, 2021.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at http://www.regulations.gov. Follow
the instructions for submitting comments. Alternatively, interested
persons may submit comments, identified by docket number EERE-2019-BT-
TP-0027 and/or RIN 1904-AE80, by any of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
2. Email: to [email protected]. Include docket number
EERE-2019-BT-TP-0027 in the subject line of the message.
3. Postal 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.
[[Page 78968]]
Telephone: (202) 287-1445. If possible, please submit all items on a
compact disc (``CD''), in which case it is not necessary to include
printed copies.
4. 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.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section III of this document.
Docket: The docket for this activity, which includes Federal
Register notices, comments, and other supporting documents/materials,
is available for review 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 at http://www.regulations.gov/docket?D=EERE-2019-BT-TP-0027. The docket web page contains
instructions on how to access all documents, including public comments,
in the docket. See section III for information on how to submit
comments through http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department
of Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-0371. Email:
[email protected].
Ms. Jennifer Tiedeman, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 287-6111. Email:
[email protected].
For further information on how to submit a comment or review other
public comments and the docket, contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority
B. Rulemaking History
II. Request for Information
A. Energy Use Measurements
B. Representative Average Use Cycle
III. Submission of Comments
I. Introduction
DOE established an early assessment review process to conduct a
more focused analysis of a specific set of facts or circumstances to
allow DOE to determine that, based on statutory criteria, an amended
test procedure is not warranted. In the case of PTACs and PTHPs, the
purpose of the early assessment analysis is to assist DOE in
determining whether to adopt industry standard ASHRAE 90.1-2019, which
is consistent with DOE's current test procedures, or whether clear and
convincing evidence exists that this standard would not meet the
requirements in the Energy Policy and Conservation Act (``EPCA'').\1\
(42 U.S.C. 6314(a)(4)(B) and (C)) \2\ The purpose of the review is to
limit the resources, from both DOE and stakeholders, committed to
rulemakings that will not satisfy the requirements of EPCA. See 85 FR
8626, 8653-8654 (Feb. 14, 2020).
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\1\ All references to EPCA in this document refer to the statute
as amended through America's Water Infrastructure Act of 2018,
Public Law 115-270 (October 23, 2018).
\2\ Under the Energy Policy and Conservation Act, as amended
(``EPCA''), if the industry test procedures for PTACs and PTHPs are
amended, DOE must amend its test procedures to be consistent with
the amended industry test procedure unless there is clear and
convincing evidence that to do so would not meet the EPCA
requirements that DOE's test procedure: (1) Be reasonably designed
to measure energy efficiency or energy use during a representative
average use cycle or period of use; and (2) not be unduly burdensome
to conduct.
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As part of the early assessment, DOE publishes an RFI in the
Federal Register, announcing that DOE is soliciting comments, data and
information on the question above. Based on the information received in
response to the RFI and DOE's own analysis, DOE will determine whether
to proceed with a rulemaking for an amended test procedure.
If DOE makes an initial determination that clear and convincing
evidence does not exist to justify procedures other than those
consistent with the industry testing standards referenced in ASHRAE
90.1-2019, DOE would engage in a notice and comment rulemaking to adopt
the ASHRAE 90.1-2019 testing standards, which are consistent with the
current test procedures and which would satisfy the Department's 7-
year-lookback test procedure review requirement under the statute (as
discussed in section I.A of this document).
Conversely, if DOE makes an initial determination that clear and
convincing evidence does exist to justify the consideration of test
procedures other than those referenced in ASHRAE 90.1-2019, DOE would
undertake the preliminary stages of a rulemaking to issue amended test
procedures. Beginning such a rulemaking, however, would not preclude
DOE from later making a determination that any such amended test
procedures would not satisfy the requirements in EPCA, based upon the
full suite of DOE's analyses. Id. at 85 FR 8654.
A. Authority
EPCA among other things authorizes DOE to regulate the energy
efficiency of a number of consumer products and certain industrial
equipment. (42 U.S.C. 6291-6317) Title III, Part C \3\ of EPCA
established the Energy Conservation Program for Certain Industrial
Equipment. This equipment includes PTACs and PTHPs, the subjects of
this document. (42 U.S.C. 6311(1)(I))
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\3\ For editorial reasons, upon codification in the U.S. Code,
Part C was redesignated Part A-1.
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Under EPCA, DOE's energy conservation program consists essentially
of four parts: (1) Testing, (2) labeling, (3) Federal energy
conservation standards, and (4) certification and enforcement
procedures. Relevant provisions of EPCA include definitions (42 U.S.C.
6311), test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C.
6315), energy conservation standards (42 U.S.C. 6313), and the
authority to require information and reports from manufacturers. (42
U.S.C. 6316)
Federal energy efficiency requirements for covered equipment
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6316(a) and (b); 42 U.S.C. 6297) DOE may, however, grant waivers
of Federal preemption in limited instances for particular State laws or
regulations, in accordance with the procedures and other provisions of
EPCA. (42 U.S.C. 6316(b)(2)(D))
EPCA requires that the test procedures for PTACs and PTHPs be those
generally accepted industry testing standards or rating procedures
developed or recognized by the Air-Conditioning, Heating, and
Refrigeration Institute (``AHRI'') or by the American Society of
Heating, Refrigerating and Air-Conditioning Engineers (``ASHRAE''), as
referenced in ASHRAE Standard 90.1, ``Energy Standard for Buildings
Except Low-Rise Residential
[[Page 78969]]
Buildings'' (``ASHRAE Standard 90.1''). (42 U.S.C. 6314(a)(4)(A)) If
such an industry testing standard is amended, DOE must update its test
procedure to be consistent with the amended industry testing standard,
unless DOE determines, by rule published in the Federal Register and
supported by clear and convincing evidence, that the amended test
procedure would not meet the requirements in 42 U.S.C. 6314(a)(2) and
(3) that DOE's test procedure: (1) Be reasonably designed to measure
energy efficiency or energy use during a representative average use
cycle or period of use; and (2) not be unduly burdensome to conduct.
(42 U.S.C. 6314(a)(4)(B) and (C))
EPCA also requires that, at least once every 7 years, DOE evaluate
test procedures for each type of covered equipment, including PTACs and
PTHPs, to determine whether amended test procedures would more
accurately or fully comply with the requirements for the test
procedures to be reasonably designed to produce test results that
reflect energy efficiency, energy use, and estimated operating costs
during a representative average use cycle and to not be unduly
burdensome to conduct. (42 U.S.C. 6314(a)(1)) DOE is publishing this
RFI also to collect data and information to inform its decision to
satisfy the 7-year-lookback review requirement.
B. Rulemaking History
DOE's current test procedures for PTACs and PTHPs are codified at
10 CFR 431.96. The test procedures were most recently amended after
AHRI published AHRI Standard 310/380-2014, ``Standard for Packaged
Terminal Air-Conditioners and Heat Pumps'' (``AHRI 310/380-2014'') in
February 2014. The 2014 version of the standard updated and superseded
AHRI Standard 310/380-2004. In a final rule published on June 30, 2015,
DOE amended the test procedures for PTACs and PTHPs. 80 FR 37136,
37136-37149. (``June 2015 Final Rule''). In the June 2015 Final Rule,
DOE incorporated by reference certain sections of AHRI 310/380-2014.
Id. at 80 FR 37148. DOE also incorporated by reference (1) American
National Standard Institute (``ANSI'')/ASHRAE Standard 16-1983
(RA2009), ``Method of Testing for Rating Room Air Conditioners and
Packaged Terminal Air Conditioners'' (``ASHRAE Standard 16''); (2)
ANSI/ASHRAE Standard 58-1986 (RA2009), ``Method of Testing for Rating
Room Air Conditioner and Packaged Terminal Air Conditioner Heating
Capacity'' (``ASHRAE Standard 58''); and (3) ANSI/ASHRAE Standard 37-
2009, ``Methods of Testing for Rating Electrically Driven Unitary Air-
Conditioning and Heat Pump Equipment'' (``ASHRAE Standard 37''). Id.
Additionally, DOE amended the PTAC and PTHP test procedures to specify
an optional break-in period; explicitly require that wall sleeves be
sealed; allow for the pre-filling of the condensate drain pan; require
that measurements of cooling capacity be conducted using electrical
instruments accurate to 0.5 percent of reading; and
require testing with 14-inch deep wall sleeves and the filter option
most representative of a typical installation. Id. at 80 FR 37149.
AHRI published AHRI Standard 310/380-2017, ``Packaged Terminal Air-
Conditioners and Heat Pumps'' (``AHRI 310/380-2017'') in July 2017. The
2017 version of the standard updated and superseded AHRI Standard 310/
380-2014. The 2017 version of the standard incorporated DOE's
additional PTAC and PTHP test procedure specifications listed above.
The DOE test procedures for PTACs and PTHPs are consistent with AHRI
310/380-2017.
ASHRAE most recently updated Standard 90.1 in 2019. In the 2019
update, ASHRAE updated the AHRI 310/380 reference to the 2017 edition.
As discussed, the DOE test procedures for PTACs and PTHPs are
consistent with AHRI 310/380-2017. Clear and convincing evidence is
required for DOE to adopt other procedures. (42 U.S.C. 6314(a)(4)(A))
Current Market
Over the past five years, several manufacturers have introduced
PTAC and PTHP models that are designed to take outdoor air into the
unit, dehumidify the outdoor air, and introduce the dehumidified
outdoor air to the conditioned space. These models are commonly
referred to as ``make-up air PTACs'' or ``make-up air PTHPs.'' The test
procedures for PTACs and PTHPs referenced in ASHRAE Standard 90.1 do
not specify how to measure the energy use associated with
dehumidification of makeup air transferred through the test unit, nor
do they account for the additional conditioning required for this
makeup air.
Additionally, over the past five years, several PTAC and PTHP
models have been introduced to the market that incorporate variable-
speed compressors and are capable of part-load operation. The test
procedures for PTACs and PTHPs referenced in ASHRAE Standard 90.1 do
not specify how to measure the energy use associated with part-load
performance of the test unit.
II. Request for Information
DOE is publishing this RFI to collect data and information during
the early assessment review to inform its determination of whether to
adopt ASHRAE 90.1-2019 in the absence of clear and convincing evidence
that would justify the adoption of procedures other than those
referenced in ASHRAE 90.1-2019. See 42 U.S.C. 6314(a)(4)) Accordingly,
DOE has identified specific issues on which it seeks input to aid in
its analysis. DOE also welcomes comments on other issues relevant to
its early assessment that may not specifically be identified in this
document.
A. Energy Use Measurements
DOE's current test procedures for PTACs and PTHPs are codified at
10 CFR 431.96. The test procedures measure energy use by operating the
equipment in cooling-only and heating-only modes at standard rating
conditions per AHRI Standard 310/380-2014 and measuring the power input
to the equipment in watts. The test metric for the cooling efficiency
is the Energy Efficiency Ratio (``EER''), which is the ratio of the
produced cooling effect of the PTAC or PTHP to its power input,
expressed in Btu/watt-hour, and measured at standard rating conditions.
The test metric for the heating efficiency is the Coefficient of
Performance (``COP''), which is the ratio of the produced heating
effect of the PTHP to its power input, expressed in watts/watts, and
measured at standard rating conditions.
Issue 1: DOE seeks comment on whether the test procedure
requirements in ASHRAE 90.1-2019 (e.g., instrumentation testing
configurations/specifications, calculation methodologies) accurately
measure energy use without adding undue burden to the test procedure.
Issue 2: DOE seeks information on the need for DOE's test procedure
for PTACs and PTHPs to specify how to measure the energy use associated
with dehumidification of ``makeup air'' for PTAC and PTHP models
designed to take outdoor air into the unit, dehumidify the outdoor air,
and introduce the dehumidified outdoor air to the conditioned space.
Issue 3: DOE seeks information on the need for DOE's test procedure
for PTACs and PTHPs to specify how to measure the energy use associated
with part-load operation.
Issue 4: DOE requests information on whether any existing industry
test procedures may be used to measure the energy use associated with
``makeup
[[Page 78970]]
air'' or part-load operation of PTACs and PTHPs.
B. Representative Average Use Cycle
The current DOE test procedure for PTACs and PTHPs, adopted in
2015, was reasonably designed to measure energy use during a
representative average use cycle. Specifically, the test procedure
adopted in 2015 provides instructions to measure the energy use of the
equipment in cooling and heating modes at standard rating conditions,
as prescribed in AHRI Standard 310/380-2014.
Issue 5: DOE seeks comment on whether ASHRAE 90.1-2019 and the
references therein is reasonably designed to measure energy use during
a representative use cycle.
Issue 6: DOE also seeks comment on ``make-up air'' and part load
operation as they relate to a representative average use cycle for
PTACs and PTHPs.
III. Submission of Comments
DOE invites all interested parties to submit in writing by February
22, 2021, comments and information on matters addressed in this notice
and on other matters relevant to DOE's consideration of whether DOE
should adopt the most recent version of ASHRAE 90.1, which makes no
substantive changes to DOE's test procedures, or whether there is clear
and convincing evidence that ASHRAE 90.1-2019 is not reasonably
designed to measure energy efficiency or energy use during a
representative average use cycle or period of use; and is not unduly
burdensome to conduct.
Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page will require you to provide your name and
contact information. 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. If this instruction is followed, 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 email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will 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 each time you submit comments, data,
documents, and other information to DOE. If you submit via postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible, in which case it is not necessary to submit printed copies.
No facsimiles (``faxes'') will be accepted.
Comments, data, and other information submitted to DOE
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 contain 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/courier 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 to
[email protected] 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.
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
the process for developing test procedures and energy conservation
standards. DOE actively encourages the participation and interaction of
the public during the comment period in each stage of this process.
Interactions with and between members of the public provide a balanced
discussion of the issues and assist DOE in the process. Anyone who
wishes to be added to the DOE mailing list to receive future notices
and information about this process should contact Appliance and
Equipment Standards Program staff at (202) 287-1445 or via email at
[email protected].
Signing Authority
This document of the Department of Energy was signed on November
25, 2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for
Energy Efficiency, Energy Efficiency and Renewable Energy, pursuant to
delegated authority from the Secretary of Energy. That document with
the original signature and date is maintained by DOE. For
administrative purposes only, and in compliance with requirements of
the Office of the Federal
[[Page 78971]]
Register, the undersigned DOE Federal Register Liaison Officer has been
authorized to sign and submit the document in electronic format for
publication, as an official document of the Department of Energy. This
administrative process in no way alters the legal effect of this
document upon publication in the Federal Register.
Signed in Washington, DC, on December 1, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2020-26722 Filed 12-7-20; 8:45 am]
BILLING CODE 6450-01-P