[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
[Proposed Rules]
[Pages 15804-15810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06071]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2019-BT-STD-0036]
RIN 1904-AE82


Energy Conservation Program: Energy Conservation Standards for 
Consumer Products; Early Assessment Review; Boilers

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

ACTION: Request for information.

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SUMMARY: The U.S. Department of Energy (DOE) is undertaking an early 
assessment review for consumer boilers to determine whether to amend 
the applicable energy conservation standards for this product. 
Specifically, through this request for information (RFI), DOE seeks 
data and information to evaluate whether amended energy conservation 
standards would result in significant savings of energy, be 
technologically feasible, and be economically justified. DOE welcomes 
written comments from the public on any subject within the scope of 
this document (including those topics not specifically 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 are requested and will be 
accepted on or before April 26, 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 by email to the following address: Email: 
[email protected]. Include ``Consumer Boilers RFI'' 
and docket number EERE-2019-BT-STD-0036 and/or RIN 1904-AE82 in the 
subject line of the message. Submit electronic comments in WordPerfect, 
Microsoft Word, PDF, or ASCII file format, and avoid the use of special 
characters or any form of encryption.
    Although DOE has routinely accepted public comment submissions 
through a variety of mechanisms, including postal mail and hand 
delivery/courier, the Department has found it necessary to make 
temporary modifications to the comment submission process in light of 
the ongoing Covid-19 pandemic. DOE is currently accepting only 
electronic submissions at this time. If a commenter finds that this 
change poses an undue hardship, please contact Appliance Standards 
Program staff at (202) 586-1445 to discuss the need for alternative 
arrangements. Once the Covid-19 pandemic health emergency is resolved, 
DOE anticipates resuming all of its regular options for public comment 
submission, including postal mail and hand delivery/courier.
    No telefacsimiles (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section III of this document (Submission of Comments).
    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/#!docketDetail;D=EERE-2019-BT-STD-0036. The docket web page contains 
instructions on how to access all documents, including public comments, 
in the docket. See section III of this document for information on how 
to submit comments through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    Ms. Catherine Rivest, 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) 586-7335. Email: [email protected].
    Mr. Eric Stas, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 586-5827. 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 and Comments
    A. Product Classes
    B. Significant Savings of Energy
    C. Technological Feasibility
    D. Economic Justification
III. Submission of Comments

I. Introduction

    DOE has established an early assessment review process to conduct a 
more focused analysis to evaluate, based on statutory criteria, whether 
a new or amended energy conservation standard is warranted. 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 a new or 
amended energy conservation standard. If DOE makes an initial 
determination that a new or amended energy conservation standard would 
satisfy the applicable statutory criteria or DOE's analysis is 
inconclusive, DOE would undertake the

[[Page 15805]]

preliminary stages of a rulemaking to issue a new or amended energy 
conservation standard. Otherwise, if DOE makes an initial determination 
based upon available evidence that a new or amended energy conservation 
standard would not meet the applicable statutory criteria, DOE would 
engage in notice and comment rulemaking before issuing a final 
determination that new or amended energy conservation standards are not 
warranted.

A. Authority

    The Energy Policy and Conservation Act, as amended (EPCA),\1\ 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 B \2\ of EPCA established the Energy 
Conservation Program for Consumer Products Other Than Automobiles. 
These products include consumer boilers, the subject of this document. 
(42 U.S.C. 6292(a)(5))
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    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
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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 specifically include 
definitions (42 U.S.C. 6291), test procedures (42 U.S.C. 6293), 
labeling provisions (42 U.S.C. 6294), energy conservation standards (42 
U.S.C. 6295), and the authority to require information and reports from 
manufacturers (42 U.S.C. 6296).
    Federal energy efficiency requirements for covered products 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6297(a)-(c)) 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 set 
forth under EPCA. (42 U.S.C. 6297(d))
    DOE must follow specific statutory criteria for prescribing new or 
amended standards for covered products. EPCA requires that any new or 
amended energy conservation standard prescribed by the Secretary of 
Energy (Secretary) be designed to achieve the maximum improvement in 
energy or water efficiency that is technologically feasible and 
economically justified. (42 U.S.C. 6295(o)(2)(A)) The Secretary may not 
prescribe an amended or new standard that will not result in 
significant conservation of energy or is not technologically feasible 
or economically justified. (42 U.S.C. 6295(o)(3))
    EPCA requires that, no later than six years after the issuance of 
any final rule establishing or amending a standard, DOE evaluate the 
energy conservation standards for each type of covered product, 
including those at issue here, and publish either a notice of 
determination that the standards do not need to be amended, or a notice 
of proposed rulemaking (NOPR) that includes new proposed energy 
conservation standards (proceeding to a final rule, as appropriate). 
(42 U.S.C. 6295(m)(1)) DOE must make the analysis on which its notice 
if based publicly available and provide an opportunity for written 
comment. (42 U.S.C. 6295(m)(2)) DOE is issuing this early assessment 
review pursuant to the requirements of 42 U.S.C. 6295(m)(1).

B. Rulemaking History

    EPCA established energy conservation standards for consumer 
furnaces and boilers in terms of the Annual Fuel Utilization Efficiency 
(AFUE) (42 U.S.C. 6295(f)(1)-(3)) and directed DOE to conduct a series 
of rulemakings to determine whether to amend these standards (42 U.S.C. 
6295(f)(4); see also 42 U.S.C. 6295(m)). DOE completed the most recent 
rulemaking cycle to amend the standards for consumer boilers by 
publishing a final rule in the Federal Register on January 15, 2016 
(January 2016 final rule), as required under 42 U.S.C. 6295(f)(4)(C). 
81 FR 2320. The January 2016 final rule adopted new standby mode and 
off mode standards for consumer boilers in addition to amended AFUE 
energy conservation standards. Id. Compliance with the new and amended 
standards for consumer boilers is required beginning January 15, 2021. 
Id. The current energy conservation standards for consumer boilers are 
located at title 10 of the Code of Federal Regulations (CFR) part 430, 
subpart C, section 32(e)(2). 10 CFR 430.32(e)(2). The currently 
applicable DOE test procedures for consumer boilers appear at 10 CFR 
part 430, subpart B, appendix N (Appendix N).

II. Request for Information and Comments

    DOE is publishing this RFI to collect data and information during 
the early assessment review to inform its decision, consistent with its 
obligations under EPCA, as to whether the Department should proceed 
with an energy conservation standards rulemaking. Below DOE has 
identified certain topics for which information and data are requested 
to assist in the evaluation of the potential for amended energy 
conservation standards. DOE also welcomes comments on other issues 
relevant to its early assessment that may not specifically be 
identified in this document.

A. Product Classes

    When evaluating and establishing energy conservation standards, DOE 
may divide covered products into product classes by the type of energy 
used, or by capacity or other performance-related features that justify 
a different standard. (42 U.S.C. 6295(q)). In making a determination 
whether capacity or another performance-related feature justifies a 
different standard, DOE must consider such factors as the utility of 
the feature to the consumer and other factors DOE deems appropriate. 
(Id.)
    On January 15, 2021, DOE published a final interpretive rule 
determining that in the context of residential furnaces, commercial 
water heaters, and similarly-situated products/equipment, use of non-
condensing technology (and associated venting) constitutes a 
performance-related ``feature'' under EPCA that cannot be eliminated 
through adoption of an energy conservation standard. 86 FR 4776. 
Consumer boilers are similarly-situated products given that there are 
consumer boilers currently on the market which employ non-condensing 
technology (and the associated venting). In considering whether to 
amend the energy conservation standards for consumer boilers, DOE seeks 
information that would allow the agency to evaluate non-condensing 
technology (and the associated venting) consistent with the final 
interpretative rule, and whether a separate product class is warranted 
under 42 U.S.C. 6295(q)(1).
    On this topic, DOE is particularly interested in comments, 
information, and data on the following:
    Issue 1: DOE requests feedback on the current consumer boiler 
product classes and whether changes to these individual product classes 
and their descriptions should be made or whether certain classes should 
be separated or merged. Specifically, with regard to consumer boilers 
that use condensing technology, DOE requests information and data on 
potential impacts as compared to consumer boilers that use non-
condensing technology, such as, but not limited to, the complexity/cost 
of installation, changes to a home's living/storage space, and the 
potential for fuel switching.

[[Page 15806]]

    Issue 2: DOE also requests comment on other instances where it may 
be appropriate to separate or combine any of the existing product 
classes and whether such potential changes would impact product utility 
by eliminating any performance-related features or reduce any 
compliance burdens.

B. Significant Savings of Energy

    On January 15, 2016, DOE established an energy conservation 
standard for consumer boilers that is expected to result in 0.14 
quadrillion British thermal units (quads) of site energy savings over a 
30-year period.\3\ 81 FR 2320, 2396. The adopted levels can be met by 
consumer boilers using either condensing or noncondensing technology. 
Additionally, in the January 2016 final rule, DOE estimated that an 
energy conservation standard established at an energy efficiency level 
equivalent to that achieved using the maximum available technology 
(max-tech) would have resulted in 1.295 additional quads of site energy 
savings over a 30-year period. Id. For gas-fired hot water boilers and 
oil-fired hot water boilers, energy conservation standards at the max-
tech levels analyzed in the January 2016 final rule could only be met 
by consumer boilers utilizing condensing technology (96 percent AFUE 
and 91 percent AFUE, respectively). 81 FR 2320, 2381 (Jan. 15, 2016). 
The majority of the additional potential energy savings were from the 
gas-fired hot water boiler product class.
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    \3\ This estimate of 0.14 quads reflects site energy savings, 
which for natural gas and oil are considered equal to the primary 
energy savings because they are supplied to the user without 
transformation from another form of energy. The January 2016 final 
rule presented the 30-year energy savings estimate as 0.16 quads, 
reflecting full-fuel-cycle (FFC) energy savings. The FFC measure 
includes point-of-use (site) energy; the energy losses associated 
with generation, transmission, and distribution of electricity; and 
the energy consumed in extracting, processing, and transporting or 
distributing primary fuels. For purposes of its consideration of 
significant energy savings, DOE has calculated its estimate of 
potential site energy savings from the estimate of FFC energy 
savings in the January 2016 final rule.
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    Currently, based on information from the DOE Compliance 
Certification Management System (CCMS) certification database, non-
condensing gas-fired hot water boilers range in AFUE from 84.0 percent 
to 86.1 percent, and condensing gas-fired hot water boilers range in 
AFUE from 88.3 percent to 96.8 percent. Based on the CCMS certification 
database, oil-fired hot water boilers currently on the market are non-
condensing and range in AFUE from 86.0 to 88.2 percent. All gas-fired 
steam and oil-fired steam boilers in the CCMS certification database 
are non-condensing, ranging in AFUE from 82.0 to 83.4 and 85.0 to 86.5 
percent, respectively.
    While DOE's request for information is not limited to the following 
issues, DOE is particularly interested in comment, information, and 
data on the issues discussed in the following paragraphs.
    As part of the rulemaking process, DOE conducts an energy use 
analysis to identify how products are used by consumers, which then 
allows the Department to determine the energy savings potential of 
energy efficiency improvements. The purpose of the energy use analysis 
is to determine the annual energy consumption of consumer boilers at 
different efficiencies in representative U.S. single-family homes, 
manufactured housing, multi-family residences, and commercial 
buildings, and to assess the energy savings potential of increased 
consumer boiler efficiency. The energy use analysis estimates the range 
of energy use of consumer boilers in the field (i.e., as they are 
actually used by consumers). Furthermore, the energy use analysis 
provides the basis for other analyses DOE performs, particularly 
assessments of the energy savings and the savings in consumer operating 
costs that could result from adoption of amended or new standards, 
including the life-cycle cost (LCC) and payback period (PBP) analysis 
and the national impact analysis (NIA). DOE will estimate the annual 
energy consumption of consumer boilers at specified energy efficiency 
levels across a range of applications, house or building types, and 
climate zones. Similar to the January 2016 final rule, DOE intends to 
determine the annual energy consumption, including the use of natural 
gas, liquefied petroleum gas (LPG), oil, or electricity for space and 
water heating,\4\ as well as use of electricity for any auxiliary 
components.
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    \4\ Space heating applications for consumer boilers include 
radiant heating (e.g., in-floor, radiant panels, radiators, 
baseboard) and forced air using fan coils or central air handlers. 
Domestic water heating applications for consumer boilers include 
indirect water heating, combination products, and tankless coil.
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    Issue 3: DOE requests feedback on the levels of energy savings that 
could be expected from the adoption of a more-stringent standard for 
consumer boilers. Specifically, with regard to potential product class 
changes discussed in section II.A of this RFI, DOE requests information 
and data on the potential change in energy savings if certain classes 
are split or merged.
    Issue 4: DOE seeks input and sources of data or recommendations to 
support sizing of consumer boilers typical in consumer space heating 
and water heating applications.
    Issue 5: DOE requests comment on the fraction of installations and 
classes of consumer boilers that are used in commercial applications.
    Issue 6: DOE seeks field data and input on representative space 
heating usage, space heating load profile, and representative return 
water temperatures for consumer boilers used in various consumer and 
commercial space heating applications.
    Issue 7: DOE requests comment on the fraction of installations by 
consumer boiler product classes used for different space heating 
applications include radiant heating (in-floor, radiant panels, 
radiators, baseboards) and forced air using fan coils or central air 
handlers.
    Issue 8: DOE seeks input on adjusting AFUE for different return 
water temperatures, for automatic means for adjusting water 
temperature, and for jacket losses. DOE seeks input on any other 
adjustments to AFUE to better capture field conditions. DOE also seeks 
data on the relationship between return water temperature and AFUE to 
more accurately calculate the return water temperature adjustment.
    Issue 9: DOE seeks additional data on the fraction of boiler 
shipments that go to installations that serve both space heating and 
water heating by product class, by efficiency level or boiler 
technology type (e.g., non-condensing and condensing), and type of 
water heating (e.g., indirect tank water heating, combination products, 
and tankless coil).

C. Technological Feasibility

    DOE considers technologies incorporated in commercially-available 
products or in working prototypes to be technologically feasible. 10 
CFR part 430. subpart C, appendix A, sections 6(c)(3)(i) and 7(b)(1). 
In the rulemaking proceeding leading to the January 2016 final rule, 
DOE considered a number of technology options that manufacturers could 
use to reduce energy consumption in consumer boilers. 81 FR 2320, 2340-
2341 (Jan. 15, 2016). Table II.1 shows the technologies previously 
considered for the January 2016 final rule.

[[Page 15807]]



  Table II.1--Technology Options for Consumer Boilers Considered in the
               Development of the January 2016 Final Rule
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Heat exchanger improvements.
Modulating operation.
Dampers.[dagger]
Direct vent.
Pulse combustion.*
Premix burners.
Burner derating.*
Delayed-action oil pump solenoid valve.
Electronic ignition.[dagger]
Low-pressure air-atomized oil burner.
Transformer improvements (standby mode and off mode).
Control relay for models with brushless permanent magnet motors (standby
 mode and off mode).*
Switching mode power supply (standby mode and off mode).
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[dagger] Technology already in baseline units, so not considered
  further.
* Screened-out technology.

    DOE seeks comment on any changes to these technology options that 
could affect DOE's evaluation of whether energy conservation standards 
need to be amended. DOE also seeks comment on whether there are any 
other technology options that DOE should consider in its analysis.
    While DOE's request for information is not limited to the following 
issues, DOE is particularly interested in comment, information, and 
data on the following:
    Issue 10: DOE seeks information on technologies that may impact the 
efficiency of consumer boilers as measured according to the DOE test 
procedure. DOE also seeks information on how these technologies may 
have changed since they were considered in the January 2016 final rule 
analysis. Specifically, DOE seeks information on the range of 
efficiencies or performance characteristics that are currently 
available for each technology option.
    Issue 11: DOE seeks comment on other technology options that it 
should consider for inclusion in its analysis and whether these 
technologies would be expected to impact product features or consumer 
utility of consumer boilers.
    DOE defines the max-tech efficiency level to represent the 
theoretical maximum possible efficiency if all available design options 
are incorporated in a model. In the January 2016 final rule, the max-
tech efficiency levels for AFUE corresponded to the maximum available 
AFUE levels in products on the market at the time of the analysis 
(except for oil-fired hot water boilers for which the max-tech level 
was slightly below the maximum available level).\5\ For standby mode 
and off mode energy consumption, the max-tech efficiency levels (i.e., 
the levels with the lowest amount of energy consumption) were 
determined by starting with the baseline design and implementing design 
options based on cost-effectiveness until all available technologies 
were employed.\6\ At the time this RFI was drafted, based on data from 
the CCMS database, the maximum available AFUE efficiency levels 
currently on the market for the subject products are as follows: 86.1 
percent for non-condensing gas-fired hot water boilers, 96.8 percent 
for condensing gas-fired hot water boilers, 88.2 percent for oil-fired 
hot water boilers (which are all non-condensing), 83.4 percent for gas-
fired steam boilers (which are all non-condensing), and 86.5 percent 
oil-fired steam boilers (which are all non-condensing). In the January 
2016 final rule, DOE identified the max-tech level for standby mode and 
off mode consumption as follows: 9 watts for gas-fired hot water 
boilers; 8 watts for gas-fired steam, electric hot water, and electric 
steam boilers; and 11 watts for oil-fired hot water and oil-fired steam 
boilers. 81 FR 2320, 2345-2346 (Jan. 15, 2016).
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    \5\ See the technical support document for the January 2016 
final rule, Chapter 3, section 3.2.9 and chapter 5, section 5.4.4. 
Available at: https://www.regulations.gov/document/EERE-2012-BT-STD-0047-0070.
    \6\ See the technical support document for the January 2016 
final rule, chapter 5, section 5.4.2. Available at: https://www.regulations.gov/document/EERE-2012-BT-STD-0047-0070.
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    Issue 12: DOE seeks input on whether the maximum available AFUE 
efficiency levels are appropriate and technologically feasible for 
potential consideration as possible energy conservation standards--and 
if not, why not. DOE also seeks feedback on the design options 
incorporated at max-tech efficiency levels. As part of this request, 
DOE also seeks information as to whether there are limitations on the 
use of certain combinations of design options.
    Issue 13: DOE seeks input on the max-tech standby mode and off mode 
efficiency levels. In particular, are more-stringent (i.e., lower) 
standby mode and off mode efficiency levels technologically feasible 
that are appropriate for consideration as possible energy conservation 
standards, and if so, what are the design options incorporated at those 
levels. DOE also seeks information as to whether there are limitations 
on the use of certain combinations of design options.

D. Economic Justification

    In determining whether a proposed energy conservation standard is 
economically justified, DOE analyzes, among other things, the potential 
economic impact on consumers, manufacturers, and the Nation. DOE seeks 
comment on whether there are economic barriers to the adoption of more-
stringent energy conservation standards for consumer boilers. DOE also 
seeks comment and data on any other aspects of its economic 
justification analysis from the January 2016 final rule that may 
indicate whether a more-stringent energy conservation standard would be 
economically justified or cost-effective.
    While DOE's request for information is not limited to the following 
issues, DOE is particularly interested in comment, information, and 
data on the issues discussed in the following paragraphs.
    In its analysis, DOE intends to take into account consumer prices 
from locations where ultra-low-NOX gas-fired hot water and 
steam boilers would be required by the compliance date for any amended 
standards, such as the Bay Area Air Quality Management District (AQMD) 
(Regulation 9, Rule 6),\7\

[[Page 15808]]

Sacramento Metropolitan AQMD (Rule 414),\8\ San Joaquin Valley Air 
Pollution Control District (APCD) (Rule 4308),\9\ Santa Barbara County 
APCD (Rule 360),\10\ South Coast AQMD (Rule 1146.2),\11\ and Ventura 
County AQMD (Rule 74-11.1).\12\
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    \7\ Bay Area Air Quality Management District, Regulation 9: 
Inorganic Gaseous Pollutants; Rule 6: Nitrogen Oxides Emissions from 
Natural Gas-Fired Boilers and Water Heaters (Available at: https://ww3.arb.ca.gov/drdb/ba/curhtml/r9-6.pdf) (Last accessed October 30, 
2019).
    \8\ Sacramento Metropolitan Air Quality Management District, 
Rule 414: Water Heaters, Boilers and Process Heaters Rated Less Than 
1,000,000 BTU PER HOUR Adopted 08-01-96 (Amended 03-25-10) 
(Available at: http://www.airquality.org/ProgramCoordination/Documents/rule414.pdf) (Last accessed October 30, 2019).
    \9\ San Joaquin Valley Air Pollution Control District, Rule 
4308: Boilers, Steam Generators, and Process Heaters--0.075 MMBtu/hr 
to less than 2.0 MMBtu/hr (Adopted October 20, 2005, amended 
December 17, 2009, Amended November 14, 2013) (Available at: https://www.valleyair.org/rules/currntrules/03-4308_CleanRule.pdf) (Last 
accessed October 30, 2019).
    \10\ Santa Barbara County Air Pollution Control District, Rule 
360: Boilers, Steam Generators, and Process Heaters (0.075-2 MMBtu/
hr) (Adopted 10/17/2002, revised 3/15/2018) (Available at: https://www.ourair.org/wp-content/uploads/rule360.pdf) (Last accessed 
October 30, 2019).
    \11\ South Coast Air Quality Management District, Rule 1146.2: 
Emissions of Oxides of Nitrogen from Large Water Heaters and Small 
Boilers and Process Heaters (Adopted January 9, 1998, amended 
January 7, 2005, amended May 5, 2006, amended December 7, 2018) 
(Available at: http://www.aqmd.gov/docs/default-source/rule-book/reg-xi/rule-1146-2.pdf?sfvrsn=17) (Last accessed October 30, 2019).
    \12\ Ventura County Air Quality Management District, Rule 74-
11.1: Large Water Heaters and Small Boilers (Adopted 9/14/99, 
revised 9/11/12) (Available at: http://vcapcd.org/Rulebook/Reg4/RULE%2074.11.1.pdf) (Last accessed October 30, 2019).
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    Issue 14: DOE seeks input on whether there are additional 
jurisdictions requiring ultra-low-NOX gas-fired hot water 
and steam boilers.
    In the January 2016 final rule, to determine the venting 
installation costs for consumer boilers, DOE considered vent categories 
as defined in the National Fuel Gas Code.\13\ 81 FR 2320, 2359-2361 
(Jan. 15, 2016). In its analysis, DOE determined that all natural draft 
boilers and a fraction of mechanical draft boilers would be vented as a 
Category I appliance (negative pressure vent system with high 
temperature flue gases). DOE determined that the remaining fraction of 
mechanical draft boilers would be vented as a Category III appliance 
(positive pressure vent system with high temperature flue gases). DOE 
determined that very few non-condensing models would be installed as a 
Category II appliance (negative pressure vent system with low 
temperature flue gases) or a Category IV appliance (positive pressure 
vent system with low flue gases temperatures). However, DOE determined 
that all condensing installations would be vented as a Category IV 
appliance. For non-condensing boilers, DOE accounted for both commonly-
vented consumer boilers (together with a water heater) and isolated 
consumer boilers (separately vented). For replacements, DOE added any 
costs associated with updating or repairing existing flue venting 
including vent resizing, chimney relining, and updating of flue vent 
connectors. DOE also accounted for additional labor costs associated 
with larger boilers, replacing a larger drain pan, and potential space-
constraint issues when the original boiler location is too small to 
accommodate the replacement boiler. For efficiency levels that include 
electronic ignition, power vent, or condensing design, DOE added the 
cost of installing an electrical outlet, a new venting system, any 
additional cost for condensate disposal, any additional costs for 
secondary and primary piping, and cost of a Y-strainer, if required for 
a fraction of installations.
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    \13\ Available at: https://catalog.nfpa.org/NFPA-54ANSI-Z2231-National-Fuel-Gas-Code-P1184.aspx (Last accessed March 5, 2021).
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    In the January 2016 final rule, DOE also included installation 
adders for new construction, as well as for new owner installations for 
hot water gas-fired boilers. 81 FR 2320, 2361 (Jan. 15, 2016). For non-
condensing boilers, the only adder would be a new metal flue vent 
(including a fraction with stainless steel venting) and condensate 
withdrawal for a fraction of category III models. For condensing gas 
boilers, the additional costs for new construction installations 
related to potential amended standards would include a new flue vent, 
combustion air venting for direct vent installations and accounting for 
a commonly-vented water heater, and condensate withdrawal.
    Issue 15: DOE seeks input on issues and costs associated with 
venting of flue gases of boilers, in particular regarding retrofit 
issues related to installing a new vent system for higher-efficiency 
consumer boilers, disconnecting the existing consumer boiler from a 
non-condensing common venting system, and upgrading existing non-
condensing venting (chimney relining or vent resizing). DOE also seeks 
input on how often and in what applications direct venting or sealed 
combustion are used or required.
    Issue 16: DOE seeks input on issues and costs associated with 
condensate disposal for higher-efficiency consumer boilers, 
specifically how often and in what applications a condensate filter or 
a condensate pump is installed.
    Issue 17: DOE seeks input on issues and costs associated with 
installing consumer boilers in multi-family buildings.
    DOE measures LCC and PBP impacts of potential standard levels 
relative to a no-new-standards case that reflects the likely market in 
the absence of amended standards. Similar to the 2016 final rule, DOE 
plans to develop market-share efficiency data (i.e., the distribution 
of product shipments by efficiency) for the product classes DOE is 
considering, for the year in which compliance with any potential 
amended standards would be required. For the 2016 final rule, DOE 
developed market shares of different consumer boiler energy efficiency 
levels in the no-new-standards case, using historical shipments data 
provided by stakeholders, data from the Air-Conditioning, Heating and 
Refrigeration Institute (AHRI) contractor survey, and ENERGY STAR unit 
shipment data for residential boilers.\14\ 81 FR 2320, 2364-2366 (Jan. 
15, 2016). If DOE determines that a rulemaking is necessary, DOE 
intends to use the most recent data available from these sources, 
together with any more current data that may be provided by 
stakeholders. Also similar to the January 2016 final rule, because 
these data may not cover all of the energy efficiency levels under 
consideration, DOE intends to use most the recent data on the number of 
water heater models at different energy efficiency levels, as reported 
in DOE's compliance certification database,\15\ the AHRI directory of 
certified product performance,\16\ the California Energy Commission 
appliance efficiency database,\17\ and the ENERGY STAR certified boiler 
directory.\18\
---------------------------------------------------------------------------

    \14\ ENERGY STAR, Unit Shipments data (Available at: http://www.energystar.gov/index.cfm?c=partners.unit_shipment_data) (Last 
accessed October 30, 2019).
    \15\ U.S. Department of Energy, Compliance Certification 
Database (Available at: https://www.regulations.doe.gov/certification-data/#q=Product_Group_s%3A*) (Last accessed October 
30, 2019).
    \16\ Air-Conditioning Heating and Refrigeration Institute, 
Directory of Certified Product Performance for Residential Boilers 
(Available at: https://www.ahridirectory.org/NewSearch?programId=25&searchTypeId=3) (Last accessed October 30, 
2019).
    \17\ California Energy Commission (CEC), Appliance Efficiency 
Database. (Available at: https://cacertappliances.energy.ca.gov/Pages/ApplianceSearch.aspx) (Last accessed October 30, 2019).
    \18\ ENERGY STAR, ENERGY STAR Certified Boilers Directory 
(Available at: https://www.energystar.gov/productfinder/product/certified-boilers/results) (Last accessed October 30, 2019).
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    Issue 18: DOE requests shipments data for consumer boilers, broken 
down by product class, that show current

[[Page 15809]]

market shares by efficiency level. DOE also seeks input on similar 
historic data from 2016-2020.
    Issue 19: DOE also requests information on expected future trends 
in efficiency for consumer boiler product classes, including the 
relative market shares of condensing versus non-condensing products in 
the market for gas-fired and oil-fired hot water boilers in the absence 
of amended efficiency standards.
    Issue 20: DOE requests 2016-2020 data on the fraction of sales in 
the residential and commercial sector for consumer boilers.
    Issue 21: DOE requests comment on the anticipated future market 
share of higher-efficiency products, such as condensing gas-fired and 
oil-fired hot water boilers, as compared to less-efficient products for 
each consumer boiler product class.

III. Submission of Comments

    DOE invites all interested parties to submit in writing by the date 
specified under the DATES heading of this document, comments and 
information on matters addressed in this RFI and on other matters 
relevant to DOE's early assessment of whether more-stringent energy 
conservation standards are warranted for consumer boilers.
    Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page requires 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. Comments and documents submitted via 
email 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 in 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. Telefacsimiles (faxes) will 
not 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. Pursuant 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 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. 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 March 18, 
2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary 
and Acting Assistant Secretary for 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 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.


[[Page 15810]]


    Signed in Washington, DC, on March 19, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-06071 Filed 3-24-21; 8:45 am]
BILLING CODE 6450-01-P