[Federal Register Volume 86, Number 96 (Thursday, May 20, 2021)]
[Proposed Rules]
[Pages 27281-27298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09695]


 ========================================================================
 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.
 
 ========================================================================
 

  Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / 
Proposed Rules  

[[Page 27281]]



DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2017-BT-TP-0028]
RIN 1904-AE03


Energy Conservation Program: Test Procedures for Water Closets 
and Urinals

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

ACTION: Notice of proposed rulemaking and request for comment.

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SUMMARY: The U.S. Department of Energy (``DOE'') proposes to amend the 
test procedures for water closets and urinals, to reference the most 
recent update to the relevant industry standard, American Society of 
Mechanical Engineers (``ASME'') Standard 112.19.2-2018. DOE also 
proposes to replace the term ``blowout toilet'' with ``blowout bowl 
water closet,'' and add definitions for the terms ``blowout action,'' 
``gravity flush tank water closet,'' ``siphonic action,'' ``siphonic 
bowl,'' and ``trough-type urinal,'' which are currently used in the 
Federal test procedures but not defined. DOE is seeking comment from 
interested parties on the proposal.

DATES: DOE will accept comments, data, and information regarding this 
proposal no later than July 19, 2021. See section V, ``Public 
Participation,'' for details. DOE will hold a webinar on June 16, 2021, 
from 10:00 a.m. to 3:00 p.m. See section V, ``Public Participation,'' 
for webinar registration information, participant instructions, and 
information about the capabilities available to webinar participants. 
If no participants register for the webinar, it will be cancelled.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at www.regulations.gov. Follow the 
instructions for submitting comments. Alternatively, interested persons 
may submit comments, identified by docket number EERE-2017-BT-TP-0028, 
by email to the following address: 
[email protected]. Include the docket number EERE-
2017-BT-TP-0028 or regulatory information number (RIN) 1904-AE03 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.
    Docket: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts (if a public meeting is held), 
comments, and other supporting documents/materials, is available for 
review at www.regulations.gov. All documents in the docket are listed 
in the 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 https://www.regulations.gov/docket?D=EERE-2017-BT-TP-0028. The docket web page contains 
instructions on how to access all documents, including public comments, 
in the docket. See section V for information on how to submit comments 
through 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].
    Mr. Matthew Ring, U.S. Department of Energy, Office of the General 
Counsel, 1000 Independence Avenue SW, GC-33, Washington, DC 20585; 
(202) 586-2555; [email protected].
    For further information on how to submit a comment, review other 
public comments and the docket, or participate in a public meeting (if 
one is held), contact the Appliance and Equipment Standards Program 
staff at (202) 287-1445 or by email: 
[email protected].

SUPPLEMENTARY INFORMATION: DOE proposes to incorporate by reference the 
following industry standard into part 430: ASME A112.19.2-2018/CSA 
B45.1-18, ``Ceramic plumbing fixtures,'' approved 2018 (``ASME 
A112.19.2-2018'').
    Copies of ASME A112.19.2-2018 can be obtained from American Society 
of Mechanical Engineers at Two Park Avenue, New York, NY 10016-5990, or 
by going to www.asme.org.
    For a further discussion of this standard, see section IV.M.

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
    A. Scope of Applicability
    B. Updates to Industry Standards
    C. Definitions
    1. Toilet versus Water Closet
    2. Electromechanical Hydraulic Toilet Versus Electro-Hydraulic 
Water Closet
    3. Blowout Toilet versus Blowout Bowl
    4. Gravity Flush Tank Water Closet
    5. Siphonic Bowl and Siphonic Action
    6. Trough-Type Urinals
    D. Metric
    E. Averaging Water Consumption Across Various Test Pressures
    F. Additional Directions Regarding Recorded & Calculated Values
    G. Sampling
    H. 10 CFR 430.23 Nomenclature
    I. Dual-Flush Water Closets
    J. Additional Comments
    K. Smart and Connected Technologies
    L. Replacing ``Instrumentation'' With ``Apparatus'' in Appendix 
T
    M. Test Procedure Costs, Harmonization, and Other Topics
    1. Test Procedure Costs and Impact
    2. Harmonization With Industry Standards
    3. Other Test Procedure Topics

[[Page 27282]]

    N. Compliance Date
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Description of Materials Incorporated by Reference
V. Public Participation
    A. Participation in the Webinar
    B. Submission of Comments
    C. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

I. Authority and Background

    Water closets and urinals are included in the list of ``covered 
products'' for which DOE is authorized to establish and amend water use 
standards and test procedures. (42 U.S.C. 6292(a)(17) and (18)) DOE's 
test procedures for water closets and urinals are prescribed in the CFR 
at 10 CFR 430.23(u) and (v), respectively, and 10 CFR part 430 subpart 
B appendix T (``Appendix T''). The following sections discuss DOE's 
authority to establish test procedures for water closets and urinals, 
as well as relevant background information regarding DOE's 
consideration of test procedures for this product.

A. Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
authorizes DOE to regulate the energy efficiency or water use 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, 
which sets forth a variety of provisions designed to improve energy 
efficiency and water use. These products include water closets and 
urinals, the subject of this document. (42 U.S.C. 6292(a)(17) and (18))
---------------------------------------------------------------------------

    \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 (Oct. 23, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
---------------------------------------------------------------------------

    The energy conservation program under EPCA, which includes water 
use requirements, 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 \3\ (42 U.S.C. 6295), and the authority to require 
information and reports from manufacturers. (42 U.S.C. 6296)
---------------------------------------------------------------------------

    \3\ The term ``energy conservation standard'' includes water use 
standards for showerheads, faucets, water closets and urinals. (42 
U.S.C. 6291(6)(A))
---------------------------------------------------------------------------

    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
Certifying to DOE that their products comply with the applicable energy 
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), 
and (2) making representations about the energy and water use, as 
applicable, of those consumer products. (42 U.S.C. 6293(c)) Similarly, 
DOE must use these test procedures to determine whether the products 
comply with relevant standards promulgated under EPCA. (42 U.S.C. 
6295(s))
    Federal energy efficiency and water use requirements for covered 
products established under EPCA generally supersede State laws and 
regulations concerning energy and water conservation testing, labeling, 
and standards. (42 U.S.C. 6297) DOE may, however, grant waivers of 
Federal preemption for particular State laws or regulations, in 
accordance with the procedures and other provisions of EPCA. (42 U.S.C. 
6297(d))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA requires that any test procedures prescribed or 
amended under this section be (1) reasonably designed to produce test 
results which measure energy efficiency, energy use, water use (for 
plumbing products such as water closets and urinals), or estimated 
annual operating cost of a covered product during a representative 
average use cycle or period of use and (2) not be unduly burdensome to 
conduct. (42 U.S.C. 6293(b)(3))
    EPCA directs that the test procedures for water closets and urinals 
are to be the test procedures specified in American Society of 
Mechanical Engineers A112.19.6-1990, ``Hydraulic Requirements for Water 
Closets and Urinals'' (``ASME A112.19.6-1990''). (42 U.S.C. 
6293(b)(8)(A)) EPCA further directs that, if the requirements of ASME 
A112.19.6-1990 are revised at any time and approved by the American 
National Standards Institute (``ANSI''), DOE must amend the Federal 
test procedures to conform to the revised ASME/ANSI standard, unless 
DOE determines by rule that to do so would not meet the requirements of 
EPCA that the test procedures be reasonably designed to produce test 
results which measure water use during a representative average use 
cycle as determined by DOE, and not be unduly burdensome to conduct. 
(42 U.S.C. 6293(b)(8)(B)) If DOE determines that a test procedure 
amendment is warranted, it must publish proposed test procedures and 
offer the public an opportunity to present oral and written comments on 
them. (42 U.S.C. 6293(b)(2))
    EPCA also requires that, at least once every 7 years, DOE evaluate 
test procedures for each type of covered product, including water 
closets and urinals, 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 water use and estimated operating costs during a representative 
average use cycle or period of use, and not be unduly burdensome to 
conduct. (42 U.S.C. 6293(b)(1)(A)). If the Secretary determines, on his 
own behalf or in response to a petition by any interested person, that 
a test procedure should be prescribed or amended, the Secretary shall 
promptly publish in the Federal Register proposed test procedures and 
afford interested persons an opportunity to present oral and written 
data, views, and arguments with respect to such procedures. (42 U.S.C. 
6293(b)(2)) The comment period on a proposed rule to amend a test 
procedure shall be at least 60 days and may not exceed 270 days.\4\ Id. 
In

[[Page 27283]]

prescribing or amending a test procedure, the Secretary shall take into 
account such information as the Secretary determines relevant to such 
procedure, including technological developments relating to energy or 
water use or energy efficiency of the type (or class) of covered 
products involved. Id. If DOE determines that test procedure revisions 
are not appropriate, DOE must publish its determination not to amend 
the test procedures.
---------------------------------------------------------------------------

    \4\ DOE has historically provided a 75-day comment period for 
test procedure NOPRs, consistent with the comment period requirement 
for technical regulations in the North American Free Trade 
Agreement, U.S.-Canada-Mexico (``NAFTA''), Dec. 17, 1992, 32 I.L.M. 
289 (1993); the North American Free Trade Agreement Implementation 
Act, Public Law 103-182, 107 Stat. 2057 (1993) (codified as amended 
at 10 U.S.C.A. 2576) (1993) (``NAFTA Implementation Act''); and 
Executive Order 12889, ``Implementation of the North American Free 
Trade Agreement,'' 58 FR 69681 (Dec. 30, 1993). However, Congress 
repealed the NAFTA Implementation Act and has replaced NAFTA with 
the Agreement between the United States of America, the United 
Mexican States, and the United Canadian States (``USMCA''), Nov. 30, 
2018, 134 Stat. 11, thereby rendering E.O. 12889 inoperable. 
Consequently, since the USMCA is consistent with EPCA's public 
comment period requirements and normally requires only a minimum 
comment period of 60 days for technical regulations, DOE now 
provides a 60-day public comment period for test procedure NOPRs.
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    DOE is publishing this notice of proposed rulemaking (``NOPR'') in 
satisfaction of these requirements under EPCA. (42 U.S.C. 6293(b)(1)(A) 
and (b)(8)(B))

B. Background

    DOE's current test procedures for water closets and urinals are 
found in 10 CFR 430.23(u) and (v), respectively, and Appendix T.
    DOE last amended the test procedures for water closets and urinals 
on October 23, 2013, (``October 2013 final rule''). 78 FR 62970. In the 
October 2013 final rule, DOE incorporated by reference ASME A112.19.2-
2008, ``Ceramic Plumbing Fixtures,'' including Update No. 1, dated 
August 2009, and Update No. 2, dated March 2011 (``ASME A112.19.2- 
2008''). ASME A112.19.2-2008 is a consolidation and revision of several 
ASME test methods, including a revised version of the test method 
previously incorporated by reference, ASME A112.19.6-1995, and, for 
purposes of testing water closets and urinals, is the successor 
standard to the ASME A112.19.6-1990 standard required by EPCA. (42 
U.S.C. 6293(b)(8)(A))
    In July 2013, ASME revised ASME A112.19.2-2008 by issuing ASME 
A112.19.2-2013, ``Ceramic Plumbing Fixtures'' (``ASME A112.19.2-
2013''). In October 2013, ASME published Update 1 for ASME A112.19.2-
2013 (``ASME A112.19.2-2013 Update 1''). Because of the timing of the 
issuance of ASME A112.19.2-2013 in July 2013, and ASME A112.19.2-2013 
Update 1 in October 2013, DOE did not incorporate either 2013 version 
of the industry standard in the October 2013 final rule. 78 FR 62970, 
62977.
    In July 2018, ASME revised ASME A112.19.2-2013 by publishing ASME 
A112.19.2-2018, followed by the addition of an errata sheet in October 
2018 (``ASME A112.19.2-2018'' refers to both the original document and 
the October 2018 errata sheet). ASME A112.19.2-2018 does not contain 
any substantive differences compared to ASME A112.19.2-2013 regarding 
the test apparatus and instructions for testing water closets and 
urinals, and the test method for water consumption (see section III.B 
for further discussion).
    On August 5, 2019, DOE published a request for information 
(``August 2019 RFI'') pertaining to the test procedures for water 
closets and urinals. 84 FR 37970. In the August 2019 RFI, DOE solicited 
public comments, data, and information on all aspects of, and any 
issues or problems with, the existing DOE test procedures for water 
closets and urinals, including on any needed updates or revisions. 
Specifically, DOE requested comment on whether to conform the test 
procedures to ASME A112.19.2-2018, including updates to terms and 
definitions, figures, and tables. Id. DOE received four comments in 
response to the August 2019 RFI from the interested parties listed in 
Table I.1.\5\
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    \5\ Comments provided in the docket are available at https://www.regulations.gov/docket?D=EERE-2017-BT-TP-0028.

   Table I.1--Written Comments Received in Response to August 2019 RFI
------------------------------------------------------------------------
                                   Reference in this
            Commenter                    NOPR           Categorization
------------------------------------------------------------------------
California Investor Owned         CA IOUs...........  Utility Companies.
 Utilities.
Cooper Reaves...................  Reaves............  Member of the
                                                       Public.
Natural Resources Defense         NRDC and ASAP.....  Efficiency
 Council, Appliance Standards                          Advocacy
 Awareness Project.                                    Organizations.
Plumbing Manufacturers            PMI...............  Trade Association.
 International.
------------------------------------------------------------------------

II. Synopsis of the Notice of Proposed Rulemaking

    In this NOPR, DOE proposes to update 10 CFR 430.2 (Definitions), 10 
CFR 430.3 (Materials Incorporated by Reference), and Appendix T as 
follows:
    (1) Incorporate by reference ASME A112.19.2-2018, ``Ceramic 
plumbing fixtures;''
    (2) Replace the current term ``blowout toilet'' with ``blowout bowl 
water closet;'' and
    (3) Add terms and corresponding definitions for ``blowout action,'' 
``gravity flush tank water closet,'' ``siphonic action,'' ``siphonic 
bowl,'' and ``trough-type urinal.''
    DOE's proposed actions are summarized in Table II-1, which provides 
a comparison of each proposed change to the current test procedures, as 
well as the rationale for the proposed change.

 Table II-1--Summary of Proposed Changes to the Test Procedures Relative
                     to the Current Test Procedures
------------------------------------------------------------------------
                                     Proposed test
  Current DOE test procedures         procedures           Attribution
------------------------------------------------------------------------
Incorporates the 2008 version   Incorporates the 2018   Industry TP
 of ASME A112.19.2 for           version of ASME         update to ASME
 measurement of water            A112.19.2.              A112.19.2-2018.
 consumption.
References and defines the      Defines the term        Clarifies and
 term ``blowout toilet.''.       ``blowout bowl,'' and   harmonizes
                                 references the term     terms and
                                 ``blowout bowl water    definitions
                                 closet'' in lieu of     with ASME
                                 ``blowout toilet''.     A112.19.2-2018.
                                 Defines the term
                                 ``blowout action,''
                                 which is included
                                 within the proposed
                                 definition of
                                 ``blowout bowl.''

[[Page 27284]]

 
References the terms ``gravity  Defines the terms       Clarifies and
 flush tank water closet'' and   ``gravity flush tank    harmonizes
 ``siphonic bowl,'' but does     water closet'' and      definitions
 not define either term.         ``siphonic bowl.''      with ASME
                                 Defines the term        A112.19.2-2018.
                                 ``siphonic action,''
                                 which is included
                                 within the proposed
                                 definition of
                                 ``siphonic bowl.''
References the term ``trough-   Defines the term        Harmonizes the
 type urinal,'' but does not     ``trough-type           definition of
 define it.                      urinal''.               the term with
                                                         stakeholder
                                                         recognized
                                                         definition.
------------------------------------------------------------------------

    DOE has tentatively determined that the proposed amendments 
described in section III of this NOPR would not alter the measured 
water use of water closets and urinals, which is representative of 
average use cycles, and that the proposed test procedures would not be 
unduly burdensome to conduct. Discussion of DOE's proposed actions are 
addressed in detail in section III of this NOPR.

III. Discussion

A. Scope of Applicability

    This NOPR applies to both water closets and urinals, as defined in 
10 CFR 430.2. DOE defines a ``water closet'' as a plumbing fixture that 
has a water-containing receptor that receives liquid and solid body 
waste, and upon actuation, conveys the waste through an exposed 
integral trap seal into a gravity drainage system, except such term 
does not include fixtures designed for installation in prisons. 10 CFR 
430.2. DOE defines a ``urinal'' as a plumbing fixture that receives 
only liquid body waste and, on demand, conveys the waste through a trap 
seal into a gravity drainage system, except such term does not include 
fixtures designed for installations in prisons. Id.
    The proposed updates in this NOPR would not change the scope of the 
test procedures for water closets or urinals.

B. Updates to Industry Standards

    Currently, DOE's test procedures for water closets and urinals in 
Appendix T incorporate by reference ASME A112.19.2-2008,\6\ sections 
7.1, 7.1.1, 7.1.2, 7.1.3, 7.1.4, 7.1.5, 7.4, 8.2, 8.2.1, 8.2.2, 8.2.3, 
8.6, Table 5, and Table 6. These sections and tables provide procedures 
for testing and measuring water consumption, specifications for test 
apparatus, and other general requirements for the testing of water 
closets and urinals.
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    \6\ This reference includes Update No. 1, dated August 2009, and 
Update No. 2, dated March 2011.
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    ASME A112.19.2-2018, the current version of the standard, amends 
pertinent sections of the 2008 version currently incorporated into 10 
CFR part 430. These amendments include (1) editorial changes and 
clarification in sections 7.1.2, 7.3.2,\7\ 8.6.4, and Figure 12; \8\ 
(2) a correction in section 8.2.1 to the water consumption static test 
pressure value for urinals to reflect the corresponding value in Table 
6; and (3) additions to Table 5 that do not appear to be relevant to 
the water consumption test for water closets. In the August 2019 RFI, 
DOE had tentatively determined that these amendments would not impact 
(1) the measured values of water use for water closets and urinals 
under Appendix T, (2) the representativeness of the results, or (3) the 
test burden, and requested comment on this tentative determination. 84 
FR 37970, 37973.
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    \7\ The water consumption test is section 7.4 in ASME A112.19.2-
2008, but section 7.3 in ASME A112.19.2-2018.
    \8\ While Figure 12 is not incorporated by reference in 10 CFR 
430.3(h)(2), Figure 12 is referenced within section 7.1.1, which is 
currently incorporated by reference.
---------------------------------------------------------------------------

    In response to the August 2019 RFI, PMI generally agreed with DOE's 
evaluation of ASME A112.19.2-2018, as compared to the currently 
referenced version. (PMI, No. 3 at p. 1) \9\ The CA IOUs generally 
supported updating the referenced ASME A112.19.2 standard to the 2013 
version, which they stated is the most recent version formally approved 
and accepted, to capture substantive updates. (CA IOUs, No. 4 at p. 2). 
The CA IOUs also recommended that DOE include ``less substantive'' 
updates from the 2018 edition, including definitions, editorial 
changes, and corrections. Id. Specifically, the CA IOUs suggested that 
DOE make the correction in section 8.2.1 of ASME A112.19.2-2018 to the 
water consumption static pressure value for urinals in DOE's 
regulations to reflect the corresponding value in Table 6. (CA IOUs, 
No. 4 at p. 4) Other stakeholders did not comment directly on DOE's 
evaluation of the 2013 and 2018 versions of ASME A112.19.2.
---------------------------------------------------------------------------

    \9\ A notation in the form ``PMI, No. 3 at p. 1'' identifies a 
written comment: (1) Made by PMI; (2) recorded in document number 3 
that is filed in the docket of this test procedure rulemaking 
(Docket No. EERE-2017-BT-TP-0028) and available for review at 
www.regulations.gov; and (3) which appears on page 1 of document 
number 3.
---------------------------------------------------------------------------

    DOE reiterates its tentative determination from the August 2019 RFI 
that the amendments in ASME A112.19.2-2018 would not impact (1) the 
measured values of water use for water closets and urinals under 
Appendix T, (2) the representativeness of the results, or (3) the test 
burden. As stated previously, ASME A112.19.2-2018 is the most recent 
version of the industry standard, and DOE understands the 2018 version 
to have been approved by ANSI on June 15, 2018.\10\ The CA IOUs stated 
that the 2013 version of ASME A112.19.2 contains substantive updates to 
the 2008 version, currently referenced in DOE's test procedures. If DOE 
adopts the 2018 version as proposed, DOE's regulations would reflect 
the substantive updates of interest to the CA IOUs. For the reasons 
described in the August 2019 RFI and reiterated previously, DOE is 
proposing to incorporate by reference ASME A112.19.2-2018.
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    \10\ ANSI approval of A112.19.2-2018 indicated in ASME A112 
Standards Status Report, available at https://cstools.asme.org/csconnect/Filedownload.cfm?43452.5508681&dir=CommitteeFiles&thisfile=487.pdf.
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    DOE requests comment on its proposal to incorporate by reference 
ASME A112.19.2-2018.
    DOE also proposes to remove references in Appendix T to the 
industry standard that are superfluous. Specifically, Appendix T 
references section 7.1 in addition to subsections 7.1.1, 7.1.2, 7.1.3, 
7.1.4 and 7.1.5 of ASME A112.19.2-2008.\11\ Section 7.1 only provides 
the title ``General,'' without any other content. The referenced 
subsections 7.1.1, 7.1.2, 7.1.3, 7.1.4 and 7.1.5 provide the general 
specifications needed for performing the test procedure. Therefore, DOE 
proposes to exclude the reference to section 7.1 of ASME A112.19.2-2018 
in Appendix T. Similarly, section 8.2 only provides the title ``Test 
apparatus and general

[[Page 27285]]

instructions,'' whereas sections 8.2.1, 8.2.2, and 8.2.3 provide the 
test apparatus and instructions needed for performing the test 
procedure. Therefore, DOE also proposes to exclude the reference to 
section 8.2 of ASME A112.19.2-2018 in Appendix T.
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    \11\ The 2018 industry standard update made no changes to these 
sections.
---------------------------------------------------------------------------

    DOE requests comment on its proposal to remove references to 
section 7.1 and 8.2 of ASME A112.19.2-2018 in Appendix T.

C. Definitions

    Several terms and definitions in ASME A112.19.2-2018 related to 
water closets and urinals vary from those in DOE regulations, including 
terms not defined in 10 CFR 430.2. Table III-1 provides a summary of 
the terms and definitions discussed in this NOPR.

                                              Table III-1--Water Closets and Urinals: Terms and Definitions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                         Usage in Appendix T,  10 CFR        DOE definition (10 CFR    ASME definition (A112.19.2-
                Term                    430.32(q) or  10 CFR 430.32(r)               430.2)                       2018)                DOE's proposal
--------------------------------------------------------------------------------------------------------------------------------------------------------
Toilet.............................  10 CFR 430.32(q)....................  None......................  None......................  Replace term with
                                                                                                                                    ``water closet.''.
Electromechanical hydraulic toilet.  10 CFR 430.32(q)....................  A water closet that         None......................  Replace term with
                                                                            utilizes electrically                                   ``electromechanical
                                                                            operated devices such as,                               hydraulic water
                                                                            but not limited to, air                                 closet'' while
                                                                            compressors, pumps,                                     maintaining existing
                                                                            solenoids, motors, or                                   definition.
                                                                            macerators in place of or
                                                                            to aid gravity in
                                                                            evacuating waste from the
                                                                            toilet.
Electro-hydraulic water closet.....  Not used............................  None......................  A water closet with a       No update.
                                                                                                        nonmechanical trap seal
                                                                                                        incorporating an electric
                                                                                                        motor and controller to
                                                                                                        facilitate flushing.
Blowout toilet.....................  10 CFR 430.32(q)....................  A water closet that uses a  None......................  Replace term with
                                                                            non-siphonic bowl with an                               ``blowout bowl water
                                                                            integral flushing rim, a                                closet.''.
                                                                            trap at the rear of the
                                                                            bowl, and a visible or
                                                                            concealed jet that
                                                                            operates with a blowout
                                                                            action.
Blowout bowl.......................  Appendix T..........................  None......................  A non-siphonic water        Adopt ASME A112.19.2-
                                                                                                        closet bowl with an         2018 definition.
                                                                                                        integral flushing rim, a
                                                                                                        trap at the rear of the
                                                                                                        bowl, and a visible or
                                                                                                        concealed jet that
                                                                                                        operates with a blowout
                                                                                                        action.
Blowout action.....................  Not used............................  None......................  A means of flushing a       Adopt ASME A112.19.2-
                                                                                                        water closet whereby a      2018 definition.
                                                                                                        jet of water directed at
                                                                                                        the bowl outlet opening
                                                                                                        pushes the bowl contents
                                                                                                        into the upleg, over the
                                                                                                        weir, and into the
                                                                                                        gravity drainage system.
Blowout water closet...............  Appendix T..........................  None......................  None......................  Replace term with
                                                                                                                                    ``blowout bowl water
                                                                                                                                    closet.''.
Gravity flush tank water closet....  Appendix T..........................  None......................  A water closet designed to  Adopt ASME A112.19.2-
                                                                                                        flush the bowl with water   2018 definition.
                                                                                                        supplied by gravity only.
Siphonic bowl......................  Appendix T..........................  None......................  A water closet bowl that    Adopt ASME A112.19.2-
                                                                                                        has an integral flushing    2018 definition.
                                                                                                        rim, a trap at the front
                                                                                                        or rear, and a floor or
                                                                                                        wall outlet, and operated
                                                                                                        with a siphonic action
                                                                                                        (with or without a jet).
Siphonic action....................  Not used............................  None......................  The movement of water       Adopt ASME A112.19.2-
                                                                                                        through a flushing          2018 definition.
                                                                                                        fixture by creating a
                                                                                                        siphon to remove waste
                                                                                                        material.
Trough-type urinal.................  10 CFR 430.32(r)....................  None......................  None......................  Adopt California's
                                                                                                                                    regulatory
                                                                                                                                    definition.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    These terms and definitions are discussed in greater detail in the 
following paragraphs.
1. Toilet Versus Water Closet
    Although EPCA and DOE's test procedure use the term ``water 
closet,'' several terms in 10 CFR 430.32(q) reference the term 
``toilet'' instead, which is not defined. See 42 U.S.C. 6292(a)(17) DOE 
defines ``water closet'' at 10 CFR 430.2. DOE understands the terms 
``toilet'' and ``water closet'' as interchangeable. As such, and 
consistent with the nomenclature in EPCA and DOE's product definitions, 
DOE proposes in this NOPR to replace all instances of the term 
``toilet'' in 10 CFR 430.32(q) with ``water closet''. Specifically, 
this proposal includes replacing ``toilet'' with ``water closet'' in 
the following terms: Gravity tank-type toilet, flushometer tank toilet, 
electromechanical hydraulic toilet and blowout toilet. DOE is also 
proposing

[[Page 27286]]

other updates to many of these terms, as discussed in the following 
sections.
    DOE requests comment on the proposal to replace the term ``toilet'' 
with ``water closet'' in 10 CFR 430.32(q).
2. Electromechanical Hydraulic Toilet Versus Electro-Hydraulic Water 
Closet
    DOE regulations at 10 CFR 430.32(q) use the statutory term 
``electromechanical hydraulic toilet'' (42 U.S.C. 6295(k)(1)(A)) as the 
name of a product class subject to water standards. DOE defines 
``electromechanical hydraulic toilet'' as a water closet that utilizes 
electrically operated devices such as, but not limited to, air 
compressors, pumps, solenoids, motors, or macerators in place of or to 
aid gravity in evacuating waste from the toilet. 10 CFR 430.2. ASME 
A112.19.2-2018, however, uses the term ``electro-hydraulic water 
closet,'' defined as a water closet with a non-mechanical trap seal 
incorporating an electric motor and controller to facilitate flushing. 
Both definitions include an electric motor as a mechanism to remove 
waste. However, in the August 2019 RFI, DOE tentatively concluded that 
the scope of the term ``electromechanical hydraulic toilet'' is broader 
because it also includes other electrically operated devices. 84 FR 
37972.
    In the August 2019 RFI, DOE requested comment on whether the terms 
``electromechanical hydraulic toilet'' and ``electro-hydraulic water 
closet'' are understood to include the same products, and any potential 
impact, including to testing burden, of adopting the term ``electro-
hydraulic water closet'' and the corresponding definition in ASME 
A112.19.2-2018, as compared to maintaining the current DOE term 
``electromechanical hydraulic toilet'' and its definition in 10 CFR 
430.2. In response to the August 2019 RFI, PMI recommended that DOE 
adopt the term ``electro-hydraulic water closet'' as defined in the 
latest industry standard and to remove its current term 
``electromechanical water closet.'' (PMI, No. 3 at p. 2) PMI stated 
that the terms ``electro-hydraulic water closet'' and 
``electromechanical hydraulic toilet'' are understood throughout the 
industry to include the same products. Id. The CA IOUs recommended 
keeping the current term and definition and stated that the ASME 
definition for ``electro-hydraulic water closet'' is narrower in scope 
than the current DOE definition for ``electromechanical water closet.'' 
(CA IOUs, No. 4 at p. 3)
    DOE continues to view the current regulatory term 
``electromechanical hydraulic toilet'' as broader in scope than ASME's 
``electro-hydraulic water closet'' because it includes water closets 
that use electrically operated devices in addition to electric motors 
(e.g., air compressors, pumps, solenoids, motors or macerators). In 
this NOPR, DOE is not proposing to change the scope of the water closet 
test procedure. As such, DOE is not proposing to amend the definition 
of ``electromechanical hydraulic toilet'' at 10 CFR 430.2 other than by 
replacing the term ``toilet'' with ``water closet,'' as discussed in 
section III.C.1 of this document.
    DOE requests comment on the proposal to replace the term 
``electromechanical hydraulic toilet'' with ``electromechanical 
hydraulic water closet,'' while retaining the existing regulatory 
definition of ``electromechanical hydraulic toilet.''
3. Blowout Toilet Versus Blowout Bowl
    DOE regulations use the statutory term ``blowout toilet'' (42 
U.S.C. 6295(k)(1)(A)) as the name of a product class subject to water 
standards at 10 CFR 430.32(q). DOE defines this term at 10 CFR 430.2. 
DOE also uses the undefined terms ``blowout bowl'' and ``blowout water 
closets'' in section 3.a.ii of Appendix T. ASME A112.19.2-2018, on the 
contrary, defines the term ``blowout bowl'' and does not define the 
term ``blowout toilet.'' Although DOE's definition of ``blowout 
toilet'' and ASME's definition of ``blowout bowl'' are not identical, 
they are similar, as illustrated in Table III-1. DOE's definition of 
``blowout toilet'' refers to the entire product, using the phrase 
``water closet that uses a non-siphonic bowl,'' whereas ASME's 
definition of ``blowout bowl'' refers specifically to the bowl portion 
of the product, using the phrase ``a non-siphonic water closet bowl.'' 
Within ASME A112.19.2-2018, the term ``blowout bowl'' is used in some 
instances to refer specifically to the type of bowl (e.g., in contrast 
to a ``siphonic bowl'' or ``washdown bowl''), and in other instances to 
refer to the entire water closet (e.g. in contrast to a ``flushometer 
valve water closet'').
    In the August 2019 RFI, DOE tentatively concluded that the terms 
``blowout toilet'' and ``blowout bowl'' are synonymous and requested 
comment on this conclusion. 84 FR 37970, 37972. DOE also requested 
comment about any potential impact, including to testing burden, of 
adopting the term ``blowout bowl'' and the corresponding definition in 
ASME A112.19.2-2018, as compared to maintaining the current DOE term 
``blowout toilet'' and its definition in 10 CFR 430.2. In response to 
the August 2019 RFI, PMI and the CA IOUs both agreed with DOE's 
preliminary conclusions and suggested that DOE should update the term 
``blowout toilet'' to ``blowout bowl'' and define it per the latest 
ASME standard. (PMI, No. 3 at p. 2; CA IOUs, No. 4 at p. 3).
    As discussed previously, in this NOPR DOE further clarifies that 
``blowout toilet'' refers to the entire water closet, whereas ASME's 
definition of ``blowout bowl'' refers specifically to the bowl portion 
of the product only. Therefore, DOE is not proposing to update the 
defined term ``blowout toilet'' in 10 CFR 430.2 with ``blowout bowl''; 
rather, DOE is proposing to replace every instance of ``blowout 
toilet'' with ``blowout bowl water closet'' and to use the definition 
for ``blowout bowl'' provided in ASME A112.19.2-2018 (``water closet'' 
is already defined in 10 CFR 430.2) to harmonize its regulations with 
the industry accepted definition. In addition, DOE proposes to replace 
all instances of ``blowout water closet'' in Appendix T and 10 CFR 
430.32(q) with ``blowout bowl water closets'' to be consistent with the 
proposed updates.
    DOE requests comment on the proposal to replace all instances of 
``blowout toilet'' and ``blowout water closet'' in Appendix T and 10 
CFR 430.32(q) with ``blowout bowl water closets.''
    In addition, the proposed definition from ASME A112.19.2-2018 for 
``blowout bowl'' includes the term ``blowout action,'' which is also 
defined in ASME A112.19.2-2018. ASME A112.19.2-2018 defines blowout 
action as ``a means of flushing a water closet whereby a jet of water 
directed at the bowl outlet opening pushes the bowl contents into the 
upleg, over the weir, and into the gravity drainage system''. To ensure 
a consistent understanding of the term ``blowout action'' DOE also 
proposes to define in the Federal test procedure the term ``blowout 
action'' as it is defined in ASME A112.19.2-2018.
    DOE requests comment on the proposal to adopt the term ``blowout 
action'' and its corresponding definition from ASME A112.19.2-2018.
4. Gravity Flush Tank Water Closet
    Appendix T uses the term ``gravity flush tank water closet,'' which 
is not defined in 10 CFR 430.2. However, ASME A112.19.2-2018 defines 
this term, as shown in Table III-1of this NOPR. In the August 2019 RFI, 
DOE requested comment on whether this definition is consistent with how 
industry has understood and applied the term under DOE regulations, and 
whether there would be any potential impact to testing burden in 
adopting the

[[Page 27287]]

definition to this term. 84 FR 37970 at 37972.
    In response to the August 2019 RFI, PMI and the CA IOUs both agreed 
that the definition from ASME A112.19.2-2018 is consistent with how the 
industry understands and applies the term, and therefore DOE should 
adopt the definition. (PMI, No. 3 at p. 2; CA IOUs, No. 4 at pp. 3-4) 
In addition, amongst all responses to the August 2019 RFI, no 
stakeholders commented on the potential test burden of adopting the 
term as defined in ASME A112.19.2-2018. Therefore, because the industry 
already applies the definition from ASME A112.19.2-2018, DOE is 
proposing in this NOPR to adopt the same definition, and add it to 10 
CFR 430.2. Furthermore, DOE proposes to replace ``gravity tank-type 
toilets'' with ``gravity flush tank water closets'' in 10 CFR 
430.32(q).
    DOE requests comment on its proposal to adopt the definitions from 
ASME A112.19.2-2018 for the term ``gravity flush tank water closet''.
    DOE requests comment on the proposal to replace the term ``gravity 
tank-type toilets'' with ``gravity flush tank water closets'' in its 
regulations.
5. Siphonic Bowl and Siphonic Action
    Similar to ``gravity flush tank water closet,'' the term ``siphonic 
bowl'' is also not defined in 10 CFR 430.2, but is defined in ASME 
A112.19.2-2018. PMI and the CA IOUs commented that the definition from 
ASME A112.19.2-2018 is consistent with how the industry understands and 
applies the terms, and therefore DOE should adopt these definitions. 
(PMI, No. 3 at p. 2; CA IOUs, No. 4 at pp. 3-4) Because the industry 
already applies the definition from ASME A112.19.2-2018, DOE is 
proposing in this NOPR to adopt the same definition, and add it to 10 
CFR 430.2. Furthermore, DOE proposes to replace ``siphonic water 
closets'' with ``siphonic bowl water closets'' in Appendix T to be 
consistent with the proposed updates.
    DOE requests comment on its proposal to adopt the definition from 
ASME A112.19.2-2018 for the term ``siphonic bowl.''
    DOE requests comment on the proposal to replace the term ``siphonic 
water closets'' with ``siphonic bowl water closets'' in its 
regulations.
    In addition, the proposed definition from ASME A112.19.2-2018 for 
``siphonic bowl'' includes the term ``siphonic action,'' which is also 
defined in ASME A112.19.2-2018. ASME A112.19.2-2018 defines siphonic 
action as ``the movement of water through a flushing fixture by 
creating a siphon to remove waste material.'' To keep consistent with 
the industry standard and to clarify the same term for the water closet 
test procedure, DOE also proposes to adopt the term ``siphonic action'' 
and its corresponding definition in ASME A112.19.2-2018.
    DOE requests comment on the proposal to adopt the term ``siphonic 
action'' and its corresponding definition from ASME A112.19.2-2018.
6. Trough-Type Urinals
    DOE prescribes maximum water use standards for ``trough-type'' 
urinals at 10 CFR 430.32(r); however, the term ``trough-type'' is not 
defined. ASME A112.19.2-2018 likewise does not define the term 
``trough-type'' as it applies to urinals. In the August 2019 RFI, DOE 
requested comment on how to define the term ``trough-type urinal,'' and 
whether there is an industry definition for this term. 84 FR 37972.
    In response, the CA IOUs suggested defining trough-type urinal as 
``a urinal designed for simultaneous use by two or more persons.'' (CA 
IOUs, No. 4 at p. 4). The CA IOUs stated that this definition provided 
in a July 2013 publication from the CA IOUs titled ``Codes and 
Standards Enhancement (``CASE'') Report,'' \12\ which addresses water 
efficiency opportunities for water closets and urinals through 
development of new and updated California Appliance Efficiency 
Regulations.
---------------------------------------------------------------------------

    \12\ California Code of Regulations--Title 20. Public Utilities 
and Energy. Docket 12-AAER-2C; Analysis of Standards Proposal for 
Toilets and Urinals Water Efficiency. 2013.
---------------------------------------------------------------------------

    The definition suggested by the CA IOUs is the same as the 
definition for ``trough-type'' urinal found in section 1602(i) of the 
California Title 20 Appliance Efficiency Regulations and provides that 
a trough-type urinal is a ``a urinal designed for simultaneous use by 
two or more people.'' \13\ PMI stated that it had no comment on 
defining ``trough-type'' urinal, stating that none of its members 
manufactured this product. (PMI, No. 3 at p. 2) DOE did not receive any 
other comments regarding the appropriate definition for trough-type 
urinals.
---------------------------------------------------------------------------

    \13\ The California regulations are available at https://ww2.energy.ca.gov/2019publications/CEC-140-2019-002/CEC-140-2019-002.pdf.
---------------------------------------------------------------------------

    DOE tentatively concludes that industry is familiar with the 
definition of ``trough-type'' in the California regulations, and that 
the definition accurately describes the products at issue. Accordingly, 
DOE is proposing to use the definition found in California's 
regulations ``trough-type'' urinals.
    DOE requests comment on the proposal to define the term ``trough-
type urinal'' as ``a urinal designed for simultaneous use by two or 
more people.'' DOE specifically requests comment on whether the 
proposed definition would include products not currently understood to 
be trough-type urinals, or whether it would exclude products currently 
understood to be trough-type urinals. In addition, DOE requests 
comments on whether any physical characteristics or features 
differentiate trough-type urinals from other urinals.

D. Metric

    Appendix T requires that the water consumption of water closets and 
urinals be determined using the flush volume in gallons per flush 
(``gpf'') or liters per flush (``Lpf'').
    The CA IOUs commented that, in addition to water consumption, DOE 
should strongly consider flush performance. (CA IOUs, No. 4 at pp. 2-3) 
Specifically, they stated the water savings from toilets with low gpf 
rating would not be realized if more than one flush were required to 
effectively eliminate solid waste; therefore, as toilets become more 
efficient, it is important to maintain flush performance utility. Id. 
While ASME A112.19.2-2018 includes tests to evaluate the performance of 
the toilet (i.e., how effectively it eliminates waste), the CA IOUs 
commented that industry stakeholders have expressed concern that these 
performance tests are not sufficient. Id. The CA IOUs also noted that 
there are voluntary test procedures to confirm flush performance, as 
determined through research for the CA IOU CASE Report, and that 
``Maximum Performance (``MaP'') Testing: Toilet Fixture Performance 
Testing Protocol: Version 5--March 2013'' (``MaP Testing'') is the most 
popular performance testing method in the industry. Id. The CA IOUs 
commented that MaP Testing classifies how well a toilet moves waste, 
and is widely accepted by toilet stakeholders including manufacturers, 
water utilities and standard-setting entities. Id. The CA IOUs 
recommended that DOE consider evaluating the appropriateness of these 
flush performance metrics for evaluating performance in these plumbing 
applications. Id. at p. 3.
    EPCA requires that any test procedures prescribed or amended be 
reasonably designed to produce test results which measure energy 
efficiency, energy use, water use, or estimated annual operating cost 
of a covered product during a representative

[[Page 27288]]

average use cycle or period of use and not be unduly burdensome to 
conduct. (42 U.S.C. 6293(b)(3)) Accordingly, DOE's test procedure for 
water closets is designed to measure water use. Any quality- or 
performance-based measures, such as the ability of a water closet to 
eliminate solid waste, are outside the scope of EPCA's requirements for 
DOE test procedure.
    Outside the context of a test procedure rulemaking, EPCA does 
direct DOE to consider potential impacts to product utility, 
specifically when evaluating new and amended standards. (42 U.S.C. 
6295(o)(2)(B)(i)(IV)) In evaluating design options and the impact of 
potential standard levels in the context of an energy conservation 
standard rulemaking, DOE evaluates potential standards that would not 
lessen the utility or performance of the considered products. Id. 
However, this analysis is beyond the scope of this NOPR.

E. Averaging Water Consumption Across Various Test Pressures

    Appendix T requires water closets and urinals to be tested at 
various test pressures, as specified in Table III-2. Appendix T also 
requires that a test be performed three times at each required 
pressure. The final measured flush volume for each tested unit is the 
average of the total flush volumes recorded at all test pressures.

           Table III-2--Required Test Pressures in Appendix T
------------------------------------------------------------------------
                                                                 Test
                                                              pressures
                   Product configuration                     (pounds per
                                                             square inch
                                                              (``psi''))
------------------------------------------------------------------------
Flushometer valve water closets with siphonic bowl.........       35, 80
Flushometer valve water closets with a blowout bowl........       45, 80
Tank-type water closets....................................   20, 50, 80
Urinals....................................................       25, 80
------------------------------------------------------------------------

    NRDC and ASAP commented that the averaging of results from the 
specified test pressures to determine the water consumption of a water 
closet or urinal is not representative of product performance in the 
real world. (NRDC and ASAP, No. 5 at p. 3) These commenters stated that 
while water pressure may vary substantially across a utility service 
area, the water pressure at which a single water closet operates would 
have an expected variation in the 5 to 10 psi range. Id. NRDC and ASAP 
stated that averaging under the DOE test procedure produces a composite 
result similar to that obtained at a mid-range test pressure. 
Additionally, citing an analysis of water pressure data from 
California, they stated the actual system pressures are more likely to 
be closer to the higher end of the pressure range rather than the lower 
end. Id. Accordingly, NRDC and ASAP recommended that, for both water 
closets and urinals, DOE require that the average of flush volumes at 
each test pressure not exceed the maximum flow rate requirement, rather 
than the average flush volume across all test pressures, and that the 
reported value be the highest of the averages. (NRDC and ASAP, No. 5 at 
pp. 3-4) NRDC and ASAP asserted that these recommended changes simply 
represent a revision to the calculation of reported test data and would 
not require additional testing or test apparatus, and thus would not 
increase the testing burden on manufacturers. Id.
    As stated, EPCA requires that the test procedures for water closets 
and urinals be reasonably designed to produce test results which 
reflect water use during a representative average use cycle. (42 U.S.C. 
6293(b)(3)) Water pressure can vary based on the site of installation 
of a water closet or urinal. Reflecting a range of water pressures in 
the calculated and reported flush volume provides an average 
representation. A flush volume reflecting a single water pressure would 
be less representative of the flush volumes of water closets and 
urinals installed at locations that do not experience that same water 
pressure.
    Moreover, the analysis cited by NRDC and ASAP regarding water 
pressures experienced across water systems is specific to California 
and, as such, may not be representative nationally. In a separate 
proceeding involving clothes washers, the California Energy Commission 
(``CEC'') presented several differences in California's water systems 
relative to the rest of the nation.\14\ Specifically, CEC noted that 
``California's water supply situation is unique in scope and scale 
compared to other states'' (Docket No. EERE-2006-STD-0124-0010, CEC, 
No.1 at p. 11) As such, an analysis of water pressure in California may 
not be representative of water pressure nationally. DOE is not aware of 
available national-level data on water pressure levels in residential 
dwellings.
---------------------------------------------------------------------------

    \14\ U.S. Department of Energy--Office of Energy Efficiency and 
Renewable Energy. Petition to Exempt from Preemption California's 
Water Efficiency Standards for Residential Clothes Washers. 2005. 
(Last accessed December 13, 2019.) The September 2005 material from 
this website is available in Docket #EERE-2006-STD-0124-0010 at 
www.regulations.gov.
---------------------------------------------------------------------------

    The requirement in Appendix T to average the total flush volumes 
recorded at all test pressures is consistent with ASME A112.19.2-2018, 
which is an industry consensus standard. The ASME industry-consensus 
process includes input from a wide variety of national stakeholders. 
For all the reasons DOE discussed in this section, DOE is not proposing 
changes to the water pressure and averaging requirements in Appendix T.
    DOE requests comment on whether the current test method of 
averaging of results from the different test pressures to determine the 
water use of a water closet or urinal is representative of an average 
use cycle or period of use, and is not unduly burdensome to conduct.
    DOE requests comment and data regarding water pressures at product 
installation sites, and information on how water pressures vary in 
different locations across the nation.
    DOE also proposes to remove the static pressure requirements for 
flushometer valve water closets (with a siphonic bowl and blowout bowl) 
in section 3.a.ii. of Appendix T, and instead reference the static 
pressure requirement provided in Table 5 of ASME A112.19.2-2018. As 
discussed in the October 2013 Final Rule, stakeholders commented that 
ASME A112.19.2-2008 (the version of the standard currently incorporated 
by reference in Appendix T) published incorrect static pressure 
requirements for flushometer valve water closets and that the industry 
standard committee would be addressing this error in the subsequent 
version of the standard. 78 FR 62970, 62977. DOE specified the correct 
static pressures as part of the regulatory text in Appendix T in the 
October 2013 final rule. 78 FR 62970, 62977 In this NOPR, DOE is 
proposing to incorporate by reference ASME A112.19.2-2018, which 
includes the correct static pressure requirements. These static 
pressure requirements mirror the static pressure requirements currently 
specified in Appendix T.
    DOE requests comment on removing the static pressure requirements 
in Appendix T section 3.a.ii. and instead referencing the static 
pressure requirement provided in Table 5 of ASME A112.19.2-2018.
    Finally, in section 3.b of Appendix T, DOE proposes to replace the 
reference to section 8.6.4 of ASME A112.19.2-2008 with Table 6 of ASME 
A112.19.2-2018. Section 8.6.4 in ASME A112.19.2-2008 is referenced to 
specify the test pressures required for testing. Section 8.6.4 of ASME 
A112.19.2-2008 (and the

[[Page 27289]]

2018 version) in turn references Table 6 of the ASME standard, which 
provides the required test pressures. Section 8.6.4 of ASME A112.19.2-
2008 (and the 2018 version) also provides performance specifications 
that are not relevant for the purpose of meeting DOE water use 
standards in 10 CFR 430.32(r). Accordingly, DOE proposes to reference 
Table 6 directly for the purpose of specifying the required test 
pressures.
    DOE requests comment on replacing the static pressure requirements 
in Appendix T section 3.b from section 8.6.4 of ASME A112.19.2-2008 
with Table 6 of ASME A112.19.2-2018.

F. Additional Directions Regarding Recorded & Calculated Values

    Appendix T provides direction regarding the resolution of the 
recorded values; rounding of recorded and calculated values; and test 
set-up as it relates to manufacturer installation instructions. In the 
August 2019 RFI, DOE requested comment on whether these directions are 
necessary to ensure that the test procedures are reasonably designed to 
measure the water use of water closets and urinals during a 
representative average use cycle or period of use. 84 FR 37973.
    In response, PMI suggested, without elaboration, that DOE should 
remove the additional directions beyond the ASME standard in Appendix T 
as they are no longer necessary. (PMI, No. 3 at p. 3) NRDC and ASAP 
commented that the additional directions to the version currently 
incorporated by reference in Appendix T, ASME A112.19.2-2008, are 
necessary because the industry standard has several weaknesses that 
subsequent revisions of the voluntary industry standard have failed to 
remedy. (NRDC and ASAP, No. 5 at p. 1)
    Having considered these comments, DOE is not proposing to eliminate 
the additional directions in Appendix T. As noted, PMI did not provide 
any explanation as to why the additional directions are no longer 
necessary, and did not indicate that these additional instructions are 
the cause of any burden to manufacturers. As discussed, the additional 
directions include consistent resolution of the recorded values; 
rounding of calculated values; and test set-up as it relates to 
manufacturer installation instructions, which are not specified in ASME 
A112.19.2-2018, but are needed for compliance purposes.
    Section 2 of Appendix T specifies that any measurements shall be 
recorded at the resolution of the test apparatus, and calculations of 
water consumption (i.e., flush volume) are consistently rounded to the 
same number of significant digits as the previous step. While sections 
7.3.2 and 8.6.1 of ASME A112.19.2-2018 specify the resolutions of the 
test apparatus to be used, sections 7.3.3 and 8.6.2 of ASME A112.19.2-
2018 do not specify the resolution of recorded measurements. Instead, 
sections 7.3.3 and 8.6.2 of ASME A112.19.2-2018 specify only how the 
total calculated flush volume must be rounded, which is consistent with 
the resolution of the test apparatus. Accordingly, section 2 of 
Appendix T provides further detail for resolution and rounding 
requirements, which is consistent with ASME A112.19.2-2018.
    Section 3.a.iii. of Appendix T provides further specifications on 
water level and trim setting for cases in which the manufacturer has 
provided no instructions regarding such settings. Otherwise, the same 
section requires that flush volume and tank trim component adjustments 
shall be set in accordance with the printed instructions supplied by 
the manufacturer, consistent with section 7.1.2 of ASME A112.19.2-2018. 
In the October 2013 final rule, DOE concluded that the specifications 
in ASME A112.19.2-2008 may not be adequate to ensure that manufacturers 
test gravity tank water closets at the maximum flush volume. 78 FR 
62977. Specifically, DOE concluded that while section 7.1.2 of ASME 
A112.19.2-2008 specifies adjustments made to the tank water level and 
fill time, it does not specify adjustments made to other trim 
components such as (but not limited to) the flapper valve, fill valve 
and tank water level, which could be adjusted to increase flush volume. 
Id. Accordingly, for those products that do not include printed 
installation instructions, Appendix T specifies setting these trim 
components to the maximum water use setting so that the maximum flush 
volume is produced without causing the water closet to malfunction or 
leak. The latest version of the ASME standard, ASME A112.19.2-2018, 
does not provide any further specifications on adjusting the trim 
components in cases where the manufacturer has provided no instructions 
regarding these components. Therefore, the additional specifications 
provided by Appendix T are still warranted for testing products without 
printed instructions supplied by the manufacturer. For these reasons, 
DOE is proposing that the current additional directions provided in 
Appendix T be maintained.
    NRDC and ASAP also suggested adding other directions to increase 
the precision of the measurement and rounding requirements for 
measuring flush volume from the 0.07 gallons specified in ASME 
112.19.2-2008 and 112.19.2-2018 to 0.01 gallons.\15\ (NRDC and ASAP, 
No. 5 at p. 2) (NRDC and ASAP, No. 5 at p. 2) They asserted that 
Appendix T results in measurements that are not representative of water 
consumption during a representative average usage cycle or period of 
use. Id. NRDC and ASAP stated that the current measurement and rounding 
requirements allow for models that use up to 0.07 gallons per flush 
(``gpf'') in excess of the DOE standard to be certified as meeting the 
standard. Id. NRDC and ASAP commented that at the current DOE standard 
of 1.6 gpf for water closets, Appendix T allows for a model with an 
exceedance of up to 4.4% to be certified and, at the current DOE 
standard of 1.0 gpf for urinals, Appendix T allows for an exceedance of 
up to 7% to be certified. Id. While NRDC and ASAP noted that DOE 
requirements at 10 CFR 429.30(b) and 10 CFR 429.31(b) require 
certification reports for water closets and urinals to include the 
maximum water use in gallons per flush rounded to the nearest 0.01 
gallon, they stated that the current ASME test procedure incorporated 
by reference is not adequate to achieve the precision required by the 
current certification requirements for water closets. Id. Accordingly, 
NRDC and ASAP recommended that DOE add directions for testing water 
closet and urinal water consumption to require test equipment 
resolution of 0.01 gallon and rounding to the nearest 0.01 gallon. Id.
---------------------------------------------------------------------------

    \15\ ASME A112.19.2-2008, section 7.4.2 (``Apparatus''), which 
is the version currently incorporated by reference, specifies that 
the apparatus for measuring flush volumes of water closets must be 
capable of reading increments not exceeding 0.25 liters (0.07 
gallons). Section 7.4.3 (``Procedure''), which is incorporated by 
reference, specifies that the results of each test run are to be 
rounded down to the nearest 0.25 L (0.07 gal). The requirements are 
applicable to urinals in section 8.6.1 (``Apparatus'') and 8.6.2 
(``Procedure''). The same requirements are also found in the latest 
version of the ASME standard, ASME A112.19.2-2018. Appendix T 
requires recording measurements at the resolution of the test 
instrumentation and rounding calculations of water consumption for 
each tested unit to that same number of significant digits. Section 
2(a) and (b) of Appendix T.
---------------------------------------------------------------------------

    In the context of rounding resolution, ASME A112.19.2-2018 provides 
resolution requirements that are incorporated by reference in Appendix 
T. The rounding resolution for flush volume is derived from the 
resolution specification in ASME A112.19.2-2018 for the apparatus used 
to measure flush volume. ASME A112.19.2-2018 specifies that the 
receiving vessel, load cell, or other apparatus used to measure flush 
volume be capable of measuring volumes to within 0.25 L (0.07 gal). See 
sections 7.3.2 and 8.6.1 of ASME A112.19.2-2018 for water closets and

[[Page 27290]]

urinals, respectively. Therefore, the ASME A112.19.2-2018 rounding 
resolution reflects the resolution specifications of the equipment 
required for use in the test procedure.
    Further, section 7.3.3 and 8.6.2 of ASME A112.19.2-2018 requires 
that the tests be repeated three times at each of the test pressures. 
The final measured flush volume for each tested unit is the average of 
the total flush volumes recorded at each test pressure. In addition, 
DOE sampling requirements for represented values of water consumption 
requires that the minimum number of units tested shall be no less than 
two. See 10 CFR 429.30 and 10 CFR 429.31. Although ASME A112.19.2-2018 
specifies measuring flush volume with a vessel, load cell, or apparatus 
capable of measuring volumes to within 0.25 L (0.07 gal), in all 
likelihood the repetition of the test and the sampling requirements 
would average together a range of variations around the nominal 
measurement; therefore, any variation in the final reported value 
(resulting from the specified apparatus resolution) is likely to be 
less than the maximum theoretical level of variation indicated by the 
commenters.
    DOE expects that changes in equipment resolution and rounding 
requirements could require currently certified water closets and 
urinals to be retested and recertified. Currently, DOE has no 
indication that manufacturers are using the ASME A112.19.2-2018 
instrument resolution and rounding requirements as a means for 
exceeding the DOE standard. Further, the benefits from improved 
resolution would be uncertain given the testing and sampling 
requirements discussed, but could create additional manufacturer 
burden. For these reasons, DOE is proposing to maintain the current 
specifications in Appendix T regarding measurement and rounding 
specifications.
    DOE requests comment on maintaining the current instrument 
resolution specifications. DOE also requests comment on whether it 
should specify implementing an instrument resolution of 0.01 to match 
the DOE reporting requirements, and the associated testing or reporting 
burden associated with such a change.
    DOE requests comment on the level of precision used by industry and 
test laboratories for measuring and rounding when performing tests for 
water consumption. Specifically, DOE requests comment on whether the 
apparatus used for testing generally has a resolution of 0.25 L (0.07 
gal) or whether the resolution is more precise.

G. Sampling

    In the August 2019 RFI, DOE requested comment on measures that, 
consistent with EPCA, could be taken to lower the cost of its 
regulations that apply to water closets and urinals. 84 FR 37972. In 
response, PMI recommended removing the sample size requirement and 
instead, calculating the represented value based on only one sample, in 
line with the ASME standard. (PMI, No. 3 at p. 2) PMI acknowledged 
that, while there are reasons for testing more than one sample, the 
cost of compliance could be lowered by reducing sample size. Id.
    The sampling provisions for water closets in 10 CFR 429.11 and 10 
CFR 429.30 require testing at least two units. As PMI acknowledged, 
there are reasons for testing more than one sample. Relying on a sample 
size of at least two units is important to account for manufacturing 
variability and test uncertainty. Testing a minimum of two units and 
the associated statistics provide a sampling that is more 
representative of the total population of units than testing of only a 
single unit. For this reason, DOE is proposing to retain the minimum 
sample size of two units.

H. 10 CFR 430.23 Nomenclature

    10 CFR 430.23(u) and (v) provide the test procedures for the 
measurement of water consumption for water closets and urinals, 
respectively. 10 CFR 430.23(u) requires that ``the maximum permissible 
water use allowed for water closets, expressed in gallons and liters 
per flush (gpf and Lpf), shall be measured in accordance to section 
3(a) of appendix T of this subpart.'' Similarly, 10 CFR 430.23(v) 
requires that ``the maximum permissible water use allowed for urinals, 
expressed in gallons and liters per flush (gpf and Lpf), shall be 
measured in accordance to section 3(b) of appendix T of this subpart.'' 
The language ``maximum permissible water use'' in the aforementioned 
sections is incorrect, as the test procedures measure water use, and 
the term ``maximum permissible water use'' is instead descriptive of a 
water conservation standard. As such, DOE is proposing to replace the 
language ``the maximum permissible water use allowed'' in 10 CFR 
430.23(u) and 10 CFR 430.23(v) with ``the water use''. This amendment 
would clarify that the DOE test procedures measure water use, whereas 
the standards in 10 CFR 430.32(q) and (r) establish the maximum 
allowable water use for water closets and urinals, respectively.
    DOE requests comment on the proposed updates for water closets and 
urinals to replace ``maximum permissible water use allowed'' with 
``water use'' in 10 CFR 430.23(u) and (v), respectively.

I. Dual-Flush Water Closets

    The CA IOUs recommended that DOE consider the differences between 
single- and dual-flush water closets, and that DOE further research and 
differentiate between water closet classes. (CA IOUs, No. 4 at p. 2) 
The CA IOUs stated that the CA IOU CASE Report indicated insufficient 
data on dual-flush water closet usage patterns in real buildings to 
justify or verify what the CA IOUs described as a 2:1 flush ratio in 
the current water closet test procedure. The CA IOUs recommended that 
DOE consider an approach that takes the sum of the flush volumes from 
both flushes in the dual-flush, also known as the full-volume flush, 
into account. Id.
    A dual-flush water closet is defined as a water closet 
incorporating a feature that allows the user to flush the water closet 
with either a reduced or a full volume of water. 10 CFR 430.2. The 
Federal test procedure does not include a 2:1 full-volume to reduced-
volume flush ratio to determine a representative flush volume for dual-
flush water closets, or average flush volume for dual flush water 
closets. Rather, section 3.a of Appendix T requires measuring the water 
flush volume for dual flush water closets separately for the full-flush 
and reduced-flush modes in accordance with section 7.4 of ASME 
A112.19.2-2008, but does not provide a method for averaging the results 
from testing the two modes. Because the water use standards in 10 CFR 
430.32(q) are based on maximum allowable water use, certification 
reports and compliance with standards are based on the flush volume 
obtained from testing the full-flush mode. 10 CFR 429.30(b)(2).
    In the October 2013 final rule, DOE determined that it did not have 
sufficient evidence on which to base a test procedure for 
representative average water use for dual-flush water closets (i.e., 
representative water use reflecting an average of the full and reduced 
flush modes). 78 FR 62970, 62976. Furthermore, DOE stated that it was 
not establishing either a separate standard or separate certification 
requirements for the full-flush and reduced-flush modes for dual-flush 
water closets. Id. DOE does not have information or data that would 
suggest a different determination is warranted.
    In the October 2013 final rule, DOE also emphasized that 
manufacturers, distributors, retailers, and private

[[Page 27291]]

labelers are not permitted to make any representations of water use for 
dual-flush water closets other than the maximum flush volume (e.g., 
average representative water use reflecting an average of the full and 
reduced flush modes) because DOE did not adopt a test procedure to 
calculate average representative water use for dual-flush water 
closets. Id. Under 42 U.S.C. 6293(c)(1) and (2), no manufacturer, 
distributor, retailer, or private labeler may make any representation 
with respect to the water use of a water closet unless that 
representation is based on testing conducted in accordance with the 
relevant DOE test procedures. Id.
    The Environmental Protection Agency (``EPA'') WaterSense program 
\16\ has a specification for measuring the flush volume of dual-flush 
water closets and uses a weighted average of the full and reduced flush 
volumes for residential toilets. In the October 2013 final rule, DOE 
stated that parties may state that a dual-flush water closet complies 
with the requirements of EPA's WaterSense program, either in writing or 
through use of the appropriate WaterSense label, as long as such 
representations are made in accordance with EPA specifications and such 
representations do not include a specific value of average 
representative water use. 78 FR 62970, 62976.
---------------------------------------------------------------------------

    \16\ WaterSense is a voluntary partnership program administered 
by the EPA that, among other activities, promotes water conservation 
by providing certification and labeling for water consuming 
products, including water closets, that meet certain water 
conservation limits beyond the mandatory standards DOE implements.
---------------------------------------------------------------------------

J. Additional Comments

    DOE also received comments related to standards for dual-flush 
water closets and installation of generic replacement flapper valves. 
As explained below, both topics are beyond the scope of this test 
procedure rulemaking.
    The CA IOUs recommended amending the standard for dual-flush 
toilets to a maximum of 1.28 gpf for the full-volume flush. (CA IOUs, 
No. 4 at p. 2) As stated, DOE is issuing this NOPR as part of its 
obligation to review test procedures for these products. This follows 
EPCA's direction that if the requirements of ASME A112.19.6-1990 are 
revised at any time and approved by ANSI, DOE must amend the Federal 
test procedures to conform to the revised ASME/ANSI requirements, 
unless DOE determines by rule that to do so would not meet the 
statutory requirements for test procedures. (42 U.S.C. 6293(b)(8)(B)) 
Additionally, this NOPR addresses the periodic review of test 
procedures required by EPCA. (42 U.S.C. 6293(b)(1)) The maximum water 
use standards for water closets are not part of the test procedure and 
are therefore outside the scope of this rulemaking.
    Reaves commented that current test procedure for toilets do not 
consider the full life cycle of the products being tested and 
unintentionally result in a significantly inflated measured water 
savings. (Reaves, No. 6 at p. 1) Reaves stated that installation of 
generic replacement flapper valves after initial installation often 
eliminates most of the estimated and expected lifetime water savings. 
Id. Reaves recommended that the test procedure consider the toilet 
flush volume specification with readily available market replacement 
parts expected to be used upon flapper valve replacement to achieve the 
water savings promised by standards. Id.
    DOE's energy conservation standards and test procedures apply to 
new water closets. (42 U.S.C. 6302(a)(5)); see also, 78 FR 62977 
(October 23, 2013). As such, the DOE test procedure for water closets 
addresses the product as manufactured, not as it may subsequently be 
modified by the consumer. As a result, consideration of replacement 
flapper valves is outside the scope of this rulemaking.

K. Smart and Connected Technologies

    The August 2019 RFI sought comments, data and information on the 
issues related to the emerging smart technology market as they may 
apply to water closets and urinals. 84 FR 37973. The August 2019 RFI 
referenced a separate RFI on the emerging smart technology appliance 
and equipment market, in which DOE requested information to better 
understand related market trends and other issues to ensure that DOE 
did not inadvertently impede innovation while fulfilling its statutory 
obligations. 83 FR 46886 (Sept. 17, 2018; ``September 2018 RFI'').
    In response to the August 2019 RFI, the CA IOUs commented that 
emerging technologies and smart technologies are applicable to water 
closets and urinals and should be considered in this and future test 
procedures. (CA IOUs, No. 4 at p. 3) The CA IOUs stated that sensor 
technology has improved significantly and there is more widespread 
adoption of electronic, hands free flushing operations. Id. They also 
stated that there have been developments in sensor technology that 
allow for more reliable testing of water level. Id) The CA IOUs 
recommended further evaluation of this and other sensors including 
ultrasonic, mechanical vibration-based approaches, and radio-frequency 
identification (``RFID'') readers. Id.
    As stated in the September 2018 RFI, DOE recognizes that 
manufacturers are developing ``connected'' products, allowing for 
options such as remote control access, automatic supply replenishment, 
and intelligent energy consumption. 83 FR 46887. DOE is seeking to 
avoid inhibiting the market for ``smart'' products through its 
standards and test procedure development process. Id. Appendix T 
measures the flush volume of a single flush, and does not measure water 
levels in water closets or overflow. Under Appendix T, the procedures 
for measuring flush volume of water closets and urinals do not 
distinguish between flushing mechanisms activated manually as compared 
to those activated by sensor; therefore, the procedures would not 
impede the use of sensors. The CA IOUs did not indicate that the 
technologies it referenced are impeded by either the DOE test procedure 
or compliance with the maximum water use standard. DOE will continue to 
evaluate advances in sensors and smart technology, including any 
efforts to address these issues by industry.

L. Replacing ``Instrumentation'' With ``Apparatus'' in Appendix T

    In section 2 of Appendix T, DOE references the term 
``instrumentation,'' several times. However, the term 
``instrumentation'' is not used in the industry standard; rather, the 
synonymous term ``apparatus'' is used. ``Apparatus'' is also used 
throughout Appendix T, in addition to ``instrumentation.'' Therefore, 
to maintain consistency with the nomenclature used in ASME A112.19.2-
2018, DOE is proposing to replace the term ``instrumentation'' with 
``apparatus'' in Appendix T.
    DOE requests comment on the proposal to replace the term 
``instrumentation'' with ``apparatus.''

M. Test Procedure Costs, Harmonization, and Other Topics

1. Test Procedure Costs and Impact
    EPCA requires that test procedures proposed by DOE not be unduly 
burdensome to conduct. 42 U.S.C. 6314(a)(2). In this NOPR, DOE is 
proposing to amend the existing test procedures for water closets and 
urinals by incorporating by reference the most recent version of the 
referenced industry standard, ASME A112.19.2-2018; updating the term 
``blowout toilet'' to ``blowout bowl;'' and adding definitions for the 
terms ``gravity flush tank water closet,'' ``siphonic action,'' 
``siphonic bowl,'' and ``trough-type urinal,'' which

[[Page 27292]]

are currently used in Appendix T, but not defined. DOE has tentatively 
determined that these proposed amendments would not be unduly 
burdensome for manufacturers.
    Further discussion of the cost impacts of the proposed test 
procedure amendments are presented in the following sections.
(a) Updating to Current Industry Standards
    DOE proposes to amend the existing test procedures for water 
closets and urinals by incorporating by reference the most recent 
version of the referenced industry standard, ASME A112.19.2-2018. As 
discussed, DOE's review of the 2018 version compared with the 2008 
version, identified the following two updates to sections relevant to 
the Federal test procedure include: (1) Editorial changes and 
clarifications; and (2) a correction in section 8.2.1 to the water 
consumption static test pressure value for urinals to reflect the 
corresponding value in Table 6. DOE has tentatively determined that the 
amendments in ASME A112.19.2-2018 would not impact (1) the measured 
values of water use for water closets and urinals under Appendix T, (2) 
the representativeness of the results, or (3) the test burden. In 
addition, incorporation of ASME A112.19.2-2018 would harmonize DOE's 
test procedures with current industry practice.
(b) New and Amended Definitions
    DOE proposes to update the replace ``blowout toilet'' with 
``blowout bowl water closet'' and use the corresponding definition in 
ASME A112.19.2-2018. DOE has tentatively determined that the terms are 
understood to include the same products. In addition, incorporation of 
``blowout bowl'' per ASME A112.19.2-2018 would harmonize the term and 
definition in the DOE's test procedures with current industry practice.
    DOE also proposes to add definitions for ``gravity flush tank water 
closet,'' ``siphonic bowl'' and ``siphonic action'' as defined in ASME 
A112.19.2-2018, and for ``trough-type urinal'' as defined in California 
Title 20 Appliance Efficiency Regulations. Each of these aforementioned 
terms are used in either Appendix T, 10 CFR 430.2(q), 10 CFR 430.2(r), 
or within another definition; however, none of these terms is currently 
defined in 10 CFR 430.2. DOE has tentatively determined that the 
proposed definitions would harmonize the DOE's test procedures with 
current industry practice.
(c) Costs and Impacts
    Based on these tentative conclusions, none of the proposed 
amendments to Appendix T and the associated definitions would require 
manufacturers to test water closets and urinals that are not already 
required to be tested). Additionally, none of the proposed amendments 
would require manufacturers to re-test or re-certify any existing 
models on the market that have already been tested using Appendix T and 
properly certified. Therefore, were DOE to adopt these proposed test 
procedure amendments, water closet and urinal manufacturers would not 
incur any additional costs.
    DOE requests comment on its understanding that there will be no 
impact or costs to water closet and urinal manufacturers under the 
proposed amendments.
2. Harmonization With Industry Standards
    The test procedures for water closets and urinals at Appendix T 
incorporate by reference ASME A112.19.2-2008, relying on certain 
provisions of that industry standard. The provisions of the industry 
standard referenced in the Federal test procedure provide procedures 
for testing and measuring water consumption, specifications for test 
apparatus, and other general requirements for water closets and 
urinals. The industry standard DOE proposes to incorporate by reference 
via amendments described in this notice are discussed in further detail 
in section IV.M of this document.
    DOE requests comment on the benefits and burdens of the proposed 
updates and additions to industry standards referenced in the DOE test 
procedure for water closets and urinals.
    In the August 2019 RFI, DOE requested comment on the benefits and 
burdens of, or any other comments regarding, adopting any industry/
voluntary consensus-based or other appropriate test procedure, without 
modification. 84 FR 37973. PMI responded by stating that certification 
agencies in the U.S. already require manufacturers of water closets and 
urinals to certify their products in accordance with the latest version 
of ASME A112.19.2-2018; therefore, it is important for DOE to match all 
the test procedures outlined in the recent ASME standard (including all 
terms, definitions, figures and tables) without modification. (PMI, No. 
3 at p. 3) The CA IOUs commented generally that DOE should not adopt 
any industry/voluntary consensus-based method without modification 
because that risks limiting opportunity for stakeholder participation 
in the development and adoption of Federal requirements. (CA IOUs, No. 
4 at p. 4) The CA IOUs stated that DOE must ensure transparency and 
that incorporated industry test procedures are fully vetted through the 
public rulemaking process. Id.
    DOE is proposing to amend the test procedures consistent with the 
most recent version of the referenced industry standard, ASME 
A112.19.2-2018, and through this NOPR is providing an opportunity for 
comment on its proposal. As noted, EPCA directs that if the 
requirements of ASME A112.19.6-1990 are revised at any time and 
approved by ANSI, DOE must amend the test procedures for water closets 
and urinals to conform to the revised ASME standard, unless DOE 
determines by rule that to do so would not meet the requirements of 
EPCA that the test procedures be reasonably designed to produce test 
results which measure water use during a representative average use 
cycle as determined by DOE, and not be unduly burdensome to conduct. 
(42 U.S.C. 6293(b)(8)(B)) As discussed, DOE has proposed maintaining 
the additional direction in Appendix T, which DOE previously determined 
is necessary to provide for consistent resolution of recorded values, 
rounding of recorded and calculated values, and test set-up as it 
relates to manufacturer installation instructions.
    DOE seeks further comment on the degree to which the DOE should 
consider harmonizing Appendix T with the most recent relevant industry 
standard for water closets and urinals, and whether there are any 
changes to the Federal test method that would produce test results that 
provide additional benefits to the public as compared to the current 
DOE test procedure or the relevant industry standard. DOE also requests 
comment on the benefits and burdens of, or any other comments 
regarding, adopting any industry/voluntary consensus-based or other 
appropriate test procedure, without modification.
3. Other Test Procedure Topics
    In addition to the issues identified earlier in this document, DOE 
welcomes comment on any other aspect of the existing test procedure for 
water closets and urinals. DOE issued an RFI to seek more information 
on whether, as required by EPCA, its test procedures are reasonably 
designed, to produce results that measure the energy and water use or 
efficiency of products during a representative average use cycle or 
period of use. 84 FR 9721 (Mar. 18, 2019). DOE particularly seeks

[[Page 27293]]

comment on this issue as it pertains to the test procedures for water 
closets and urinals, as well as information that would help DOE create 
procedures that are not unduly burdensome to conduct. Comments 
regarding repeatability and reproducibility are also welcome.

N. Compliance Date

    EPCA prescribes that, if DOE amends a test procedure, all 
representations of energy efficiency and energy use, including those 
made on marketing materials and product labels, must be made in 
accordance with that amended test procedure, beginning 180 days after 
publication of such a test procedure final rule in the Federal 
Register. (42 U.S.C. 6293(c)(2)) If DOE were to publish an amended test 
procedure, EPCA provides an allowance for individual manufacturers to 
petition DOE for an extension of the 180-day period if the manufacturer 
may experience undue hardship in meeting the deadline. (42 U.S.C. 
6293(c)(3)) To receive such an extension, petitions must be filed with 
DOE no later than 60 days before the end of the 180-day period 
following publication and must detail how the manufacturer will 
experience undue hardship. Id.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    The Office of Management and Budget (``OMB'') has determined that 
this proposed rule is not a significant regulatory action under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 58 FR 
51735 (Oct. 4, 1993). Accordingly, this action was not subject to 
review under the Executive Order by the Office of Information and 
Regulatory Affairs (``OIRA'') in OMB.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis (``IRFA'') 
for any rule that by law must be proposed for public comment, unless 
the agency certifies that the rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
As required by Executive Order 13272, ``Proper Consideration of Small 
Entities in Agency Rulemaking,'' 67 FR 53461 (Aug. 16, 2002), DOE 
published procedures and policies on February 19, 2003, to ensure that 
the potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the Office of the General 
Counsel's website: https://energy.gov/gc/office-general-counsel.
    DOE reviewed this proposed rule under the provisions of the 
Regulatory Flexibility Act and the procedures and policies published on 
February 19, 2003. DOE has tentatively concluded that this proposed 
rule will not have a significant impact on a substantial number of 
small entities. The factual basis for this determination is as follows:
    The Small Business Administration (``SBA'') considers a business 
entity to be a small business, if, together with its affiliates, it 
employs less than a threshold number of workers or earns less than the 
average annual receipts specified in 13 CFR part 121. The threshold 
values set forth in these regulations use size standards and codes 
established by the North American Industry Classification System 
(``NAICS'') that are available at: https://www.sba.gov/document/support--table-size-standards. DOE used three NAICS codes to cover all 
potential products for this rulemaking: 327110 (pottery, ceramics, and 
plumbing fixture manufacturing); 326191 (plastics plumbing fixture 
manufacturing); 332999 (all other miscellaneous fabricated metal 
product manufacturing). The threshold for NAICS classification code 
327110 (pottery, ceramics, and plumbing fixture manufacturing), which 
includes most urinals and water closets covered by this rulemaking, is 
1,000 employees or fewer. The threshold for NAICS classification codes 
326191 (plastics plumbing fixture manufacturing) and 332999 (all other 
miscellaneous fabricated metal product manufacturing) is 750 employees 
or fewer. Since NAICS classification code 327110 includes the majority 
of water closet and urinal manufacturing and DOE assumes that most, if 
not all, water closet and urinal manufacturers make at least some 
products covered by that NAICS classification code, DOE used the more 
conservative 1,000 employee threshold value for this regulatory 
flexibility analysis.
    DOE collected data from DOE's compliance certification database 
\17\ to identify manufacturers of water closets and urinals. DOE then 
consulted publicly-available data and contacted manufacturers, where 
needed, to determine if they meet the SBA's definition of a ``small 
business'' and have their manufacturing facilities located within the 
United States. Based on this analysis, DOE identified 19 small 
businesses that manufacture either water closets or urinals covered by 
the proposed test procedure.
---------------------------------------------------------------------------

    \17\ www.regulations.doe.gov/certification-data (Last accessed 
December 12, 2019).
---------------------------------------------------------------------------

    As described in section III.L.1 of this document, the amendments 
proposed in this test procedure would not increase costs to water 
closet or urinal manufacturers, including small businesses. Therefore, 
DOE tentatively concludes that the impacts of the test procedure 
amendments proposed in this NOPR would not have a ``significant 
economic impact on a substantial number of small entities,'' and that 
the preparation of an IRFA is not warranted. DOE will transmit the 
certification and supporting statement of factual basis to the Chief 
Counsel for Advocacy of the Small Business Administration for review 
under 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of water closets and urinals must certify to DOE that 
their products comply with any applicable energy conservation 
standards. To certify compliance, manufacturers must first obtain test 
data for their products according to the DOE test procedures, including 
any amendments adopted for those test procedures. DOE has established 
regulations for the certification and recordkeeping requirements for 
all covered consumer products and commercial equipment, including water 
closets and urinals. See, generally, 10 CFR part 429. The collection-
of-information requirement for the certification and recordkeeping is 
subject to review and approval by OMB under the Paperwork Reduction Act 
(``PRA''). Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.
    The collection-of-information requirement for the certification and 
recordkeeping requirements for all covered consumer products and 
commercial equipment, including water closets and urinals has been 
approved by OMB under OMB control number 1910-1400. Public reporting 
burden for the certification is estimated to average 35 hours per 
response, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. This proposed 
testing procedures impose no

[[Page 27294]]

new information collection requirements beyond those approved by OMB in 
control number 1910-1400.

D. Review Under the National Environmental Policy Act of 1969

    In this proposed rule, DOE proposes test procedure amendments that 
it expects will be used to develop and implement future energy 
conservation standards for water closets and urinals. DOE has 
determined that this rule falls into a class of actions that are 
categorically excluded from review under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's implementing 
regulations at 10 CFR part 1021. Specifically, DOE has determined that 
adopting test procedures for measuring energy efficiency of consumer 
products and industrial equipment is consistent with activities 
identified in 10 CFR part 1021, appendix A to subpart D, A5 and A6. 
Accordingly, neither an environmental assessment nor an environmental 
impact statement is required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 1999) 
imposes certain requirements on agencies formulating and implementing 
policies or regulations that preempt State law or that have Federalism 
implications. The Executive Order requires agencies to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States and to carefully assess 
the necessity for such actions. The Executive Order also requires 
agencies to have an accountable process to ensure meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have Federalism implications. On March 14, 2000, DOE 
published a statement of policy describing the intergovernmental 
consultation process it will follow in the development of such 
regulations. 65 FR 13735. DOE has examined this proposed rule and has 
determined that it would not have a substantial direct effect on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. EPCA governs and prescribes Federal 
preemption of State regulations as to energy conservation for the 
products that are the subject of this proposed rule. States can 
petition DOE for exemption from such preemption to the extent, and 
based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further 
action is required by Executive Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
Eliminate drafting errors and ambiguity, (2) write regulations to 
minimize litigation, (3) provide a clear legal standard for affected 
conduct rather than a general standard, and (4) promote simplification 
and burden reduction. Section 3(b) of Executive Order 12988 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation (1) clearly specifies the 
preemptive effect, if any, (2) clearly specifies any effect on existing 
Federal law or regulation, (3) provides a clear legal standard for 
affected conduct while promoting simplification and burden reduction, 
(4) specifies the retroactive effect, if any, (5) adequately defines 
key terms, and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3(c) of Executive Order 12988 requires Executive 
agencies to review regulations in light of applicable standards in 
sections 3(a) and 3(b) to determine whether they are met or it is 
unreasonable to meet one or more of them. DOE has completed the 
required review and determined that, to the extent permitted by law, 
the proposed rule meets the relevant standards of Executive Order 
12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'') 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a proposed regulatory action likely to result in a rule that may 
cause the expenditure by State, local, and Tribal governments, in the 
aggregate, or by the private sector of $100 million or more in any one 
year (adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to 
develop an effective process to permit timely input by elected officers 
of State, local, and Tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect small governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820; also available 
at https://energy.gov/gc/office-general-counsel. DOE examined this 
proposed rule according to UMRA and its statement of policy and 
determined that the rule contains neither an intergovernmental mandate, 
nor a mandate that may result in the expenditure of $100 million or 
more in any year, so these requirements do not apply.

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

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

I. Review Under Executive Order 12630

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

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

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has 
reviewed this proposed rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

[[Page 27295]]

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OMB, 
a Statement of Energy Effects for any proposed significant energy 
action. A ``significant energy action'' is defined as any action by an 
agency that promulgated or is expected to lead to promulgation of a 
final rule, and that (1) is a significant regulatory action under 
Executive Order 12866, or any successor order; and (2) is likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use should the proposal be implemented, 
and of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use.
    The proposed regulatory action to amend the test procedure for 
measuring the water use of water closets and urinals is not a 
significant regulatory action under Executive Order 12866. Moreover, it 
would not have a significant adverse effect on the supply, 
distribution, or use of energy, nor has it been designated as a 
significant energy action by the Administrator of OIRA. Therefore, it 
is not a significant energy action and, accordingly, DOE has not 
prepared a Statement of Energy Effects.

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

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; 
``FEAA'') Section 32 essentially provides in relevant part that, where 
a proposed rule authorizes or requires use of commercial standards, the 
notice of proposed rulemaking must inform the public of the use and 
background of such standards. In addition, section 32(c) requires DOE 
to consult with the Attorney General and the Chairman of the Federal 
Trade Commission (``FTC'') concerning the impact of the commercial or 
industry standards on competition.
    The proposed modifications to the test procedure for water closets 
and urinals would incorporate testing methods contained in certain 
sections of the following commercial standard: ASME A112.19.2-2018. DOE 
has evaluated this standard and is unable to conclude whether it fully 
complies with the requirements of section 32(b) of the FEAA (i.e., 
whether it was developed in a manner that fully provides for public 
participation, comment, and review.) DOE will consult with both the 
Attorney General and the Chairman of the FTC concerning the impact of 
these test procedures on competition, prior to prescribing a final 
rule.

M. Description of Materials Incorporated by Reference

    In this NOPR, DOE proposes to incorporate by reference the test 
standard jointly published by the American Society of Mechanical 
Engineers (``ASME'') and the Canadian Standards Association (``CSA 
Group'') titled ASME A112.19.2-2018. ASME A112.19.2-2018 is an 
industry-accepted test procedure that measures water consumption for 
water closets and urinals, and is applicable to products sold in North 
America. The test procedure proposed in this NOPR references various 
sections of ASME A112.19.2-2018 that address test setup, apparatus, 
test conduct, and calculations. These sections of ASME A112.19.2-2018 
are Section 7.1 ``General,'' Section 7.1.1 ``All tests,'' Section 7.1.2 
``Gravity flush tank water closets,'' Section 7.1.3 ``Flushometer tank, 
electro-hydraulic, or other pressurized flushing device water 
closets,'' Section 7.1.4 ``Flushometer valve water closets,'' Section 
7.1.5 ``Procedures for standardizing the water supply system,'' Section 
7.3 ``Water consumption test,'' Section 7.3.3 ``Procedure,'' Section 
7.3.5 ``Performance,'' ``Section 8.2 ``Test apparatus and general 
instructions,'' Section 8.2.1, Section 8.2.2, and Section 8.2.3, 
Section 8.6 ``Water Consumption Test,'' Section 8.6.4 ``Performance,'' 
Table 5 ``Static test pressures for water closets, kPa (psi),'' and 
Table 6 ``Static test pressures for urinals, kPa (psi).''
    Copies of ASME Standard A112.19.2-2018 may be purchased from the 
ASME at Two Park Avenue, New York, NY 10016, or by going to https://www.asme.org/codes-standards/find-codes-standards/a112-19-2-csa-b45-1-ceramic-plumbing-fixtures?productKey=J0121TM1:J0121TM1.

V. Public Participation

A. Participation in the Webinar

    The time and date webinar are listed in the DATES section at the 
beginning of this document. If no participants register for the 
webinar, it will be cancelled. Webinar registration information, 
participant instructions, and information about the capabilities 
available to webinar participants will be published on DOE's website: 
https://cms.doe.gov/eere/buildings/public-meetings-and-comment-deadlines. Participants are responsible for ensuring their systems are 
compatible with the webinar software.
    Additionally, you may request an in-person meeting to be held prior 
to the close of the request period provided in the DATES section of 
this document. Requests for an in-person meeting may be made by 
contacting Appliance and Equipment Standards Program staff at (202) 
287-1445 or by email: [email protected].

B. Submission of Comments

    DOE will accept comments, data, and information regarding this 
proposed rule no later than the date provided in the DATES section at 
the beginning of this proposed rule. Interested parties may submit 
comments using any of the methods described in the ADDRESSES section at 
the beginning of this document.
    Submitting comments via www.regulations.gov. The 
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. 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 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

[[Page 27296]]

(``CBI'')). Comments submitted through 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 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 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 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. No 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. 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. 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).

C. Issues on Which DOE Seeks Comment

    Although DOE welcomes comments on any aspect of this proposal, DOE 
is particularly interested in receiving comments and views of 
interested parties concerning the following issues:
    (1) DOE requests comment on its proposal to incorporate by 
reference ASME A112.19.2-2018.
    (2) DOE requests comment on its proposal to remove references to 
section 7.1 and 8.2 of ASME A112.19.2-2018 in Appendix T.
    (3) DOE requests comment on the proposal to replace the term 
``toilet'' with ``water closet'' in 10 CFR 430.32(q).
    (4) DOE requests comment on the proposal to replace the term 
``electromechanical hydraulic toilet'' with ``electromechanical 
hydraulic water closet,'' while retaining the existing regulatory 
definition of ``electromechanical hydraulic toilet.''
    (5) DOE requests comment on the proposal to replace all instances 
of ``blowout toilet'' and ``blowout water closet'' in Appendix T and 10 
CFR 430.32(q) with ``blowout bowl water closets.''
    (6) DOE requests comment on the proposal to adopt the term 
``blowout action'' and its corresponding definition from ASME 
A112.19.2-2018.
    (7) DOE requests comment on its proposal to adopt the definitions 
from ASME A112.19.2-2018 for the term ``gravity flush tank water 
closet''.
    (8) DOE requests comment on the proposal to replace the term 
``gravity tank-type toilets'' with ``gravity flush tank water closets'' 
in its regulations.
    (9) DOE requests comment on its proposal to adopt the definition 
from ASME A112.19.2-2018 for the term ``siphonic bowl.''
    (10) DOE requests comment on the proposal to replace the term 
``siphonic water closets'' with ``siphonic bowl water closets'' in its 
regulations.
    (11) DOE requests comment on the proposal to adopt the term 
``siphonic action'' and its corresponding definition from ASME 
A112.19.2-2018.
    (12) DOE requests comment on the proposal to define the term 
``trough-type urinal'' as ``a urinal designed for simultaneous use by 
two or more people.'' DOE specifically requests comment on whether the 
proposed definition would include products not currently understood to 
be trough-type urinals, or whether it would exclude products currently 
understood to be trough-type urinals. In addition, DOE requests 
comments on whether any physical characteristics or features 
differentiate trough-type urinals from other urinals.
    (13) DOE requests comment on whether the current test method of 
averaging of results from the different test pressures to determine the 
water use of a water closet or urinal is representative of an average 
use cycle or period of use, and is not unduly burdensome to conduct.
    (14) DOE requests comment and data regarding water pressures at 
product installation sites, and information on how water pressures vary 
in different locations across the nation.
    (15) DOE requests comment on removing the static pressure 
requirements in Appendix T section 3.a.ii. and instead referencing the 
static pressure requirement provided in Table 5 of ASME A112.19.2-2018.
    (16) DOE requests comment on replacing the static pressure 
requirements in Appendix T section 3.b from section 8.6.4 of ASME 
A112.19.2-2008 with Table 6 of ASME A112.19.2-2018.
    (17) DOE requests comment on maintaining the current instrument 
resolution specifications. DOE also requests comment on whether it 
should specify implementing an instrument resolution of 0.01 to match 
the DOE reporting requirements, and the associated testing or reporting 
burden associated with such a change.
    (18) DOE requests comment on the level of precision used by 
industry and test laboratories for measuring and rounding when 
performing tests for water consumption. Specifically, DOE requests 
comment on whether the apparatus used for testing generally has a 
resolution of 0.25 L (0.07 gal) or whether the resolution is more 
precise.
    (19) DOE requests comment on the proposed updates for water closets 
and urinals to replace ``maximum permissible water use allowed'' with 
``water use'' in 10 CFR 430.23(u) and (v), respectively.
    (20) DOE requests comment on the proposal to replace the term 
``instrumentation'' with ``apparatus.''

[[Page 27297]]

    (21) DOE requests comment on its understanding that there will be 
no impact or costs to water closet and urinal manufacturers under the 
proposed amendments.
    (22) DOE requests comment on the benefits and burdens of the 
proposed updates and additions to industry standards referenced in the 
DOE test procedure for water closets and urinals.
    (23) DOE seeks further comment on the degree to which the DOE 
should consider harmonizing Appendix T with the most recent relevant 
industry standard for water closets and urinals, and whether there are 
any changes to the Federal test method that would produce test results 
that provide additional benefits to the public as compared to the 
current DOE test procedure or the relevant industry standard. DOE also 
requests comment on the benefits and burdens of, or any other comments 
regarding, adopting any industry/voluntary consensus-based or other 
appropriate test procedure, without modification.

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this proposed 
rule.

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Incorporation by reference, Intergovernmental relations, Small 
businesses.

Signing Authority

    This document of the Department of Energy was signed on May 2, 
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.

    Signed in Washington, DC, on May 4, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE is proposing to amend 
part 430 of Chapter II of Title 10, Code of Federal Regulations as set 
forth below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
1. The authority citation for part 430 continues to read as follows:

    Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

0
2. Section 430.2 is amended by:
0
a. Removing the definition for ``Blowout toilet;''
0
b. Removing ``Electromechanical hydraulic toilet'' and adding in its 
place, ``Electromechanical hydraulic water closet;'' and
0
c. Adding in alphabetical order, definitions for, ``Blowout action,'' 
``Blowout bowl,'' ``Gravity flush tank water closet,'' ``Siphonic 
action,'' ``Siphonic bowl,'' and ``Trough-type urinal.''
    The additions read as follows:


Sec.  430.2  Definitions.

* * * * *
    Blowout action means a means of flushing a water closet whereby a 
jet of water directed at the bowl outlet opening pushes the bowl 
contents into the upleg, over the weir, and into the gravity drainage 
system.
    Blowout bowl means a non-siphonic water closet bowl with an 
integral flushing rim, a trap at the rear of the bowl, and a visible or 
concealed jet that operates with a blowout action.
* * * * *
    Electromechanical hydraulic water closet means any water closet 
that utilizes electrically operated devices, such as, but not limited 
to, air compressors, pumps, solenoids, motors, or macerators in place 
of or to aid gravity in evacuating waste from the toilet bowl.
* * * * *
    Gravity flush tank water closet means a water closet designed to 
flush the bowl with water supplied by gravity only.
* * * * *
    Siphonic action means the movement of water through a flushing 
fixture by creating a siphon to remove waste material.
    Siphonic bowl means a water closet bowl that has an integral 
flushing rim, a trap at the front or rear, and a floor or wall outlet, 
and operates with a siphonic action (with or without a jet).
* * * * *
    Trough-type urinal means a urinal designed for simultaneous use by 
two or more people.
* * * * *
0
3. Section 430.3 is amended by adding paragraph (h)(3) to read as 
follows:


Sec.  430.3  Materials incorporated by reference.

* * * * *
    (h) * * *
    (3) ASME A112.19.2-2018/CSA B45.1-18, (``ASME A112.19.2-2018''), 
``Ceramic plumbing fixtures,'' approved 2018, IBR approved for appendix 
T to subpart B.
* * * * *
0
4. Section 430.23 is amended by revising paragraphs (u) and (v) to read 
as follows:


Sec.  430.23  Test procedures for the measurement of energy and water 
consumption.

* * * * *
    (u) Water closets. The water use for water closets, expressed in 
gallons and liters per flush (gpf and Lpf), shall be measured in 
accordance to section 3(a) of appendix T of this subpart.
    (v) Urinals. The water use for urinals, expressed in gallons and 
liters per flush (gpf and Lpf), shall be measured in accordance to 
section 3(b) of appendix T of this subpart.
* * * * *
0
5. Appendix T to subpart B of part 430 is revised to read as follows:

Appendix T to Subpart B of Part 430--Uniform Test Method for Measuring 
the Water Consumption of Water Closets and Urinals

    Note: After [date 180 days after date of publication of water 
closets and urinals test procedure final rule], representations made 
with respect to the water consumption of water closets or urinals 
must fairly disclose the results of testing pursuant to this 
appendix.
    On or after [date 30 days after date of publication of water 
closets and urinals test procedure final rule] and prior to [date 
180 days after date of publication of water closets and urinals test 
procedure final rule] representations, including compliance 
certifications, made with respect to the water consumption of water 
closets or urinals must fairly disclose the results of testing 
pursuant to either this appendix as it appeared at 10 CFR part 430, 
subpart B, in the 10 CFR parts 200 to 499 edition revised as of 
January 1, 2014. Representations made with respect to the water 
consumption of water closets or urinals tested within that range of 
time must fairly disclose the results of testing under the selected 
version. Given that after [date 180 days after date of publication 
of water closets

[[Page 27298]]

and urinals test procedure final rule] representations with respect 
to the water consumption of water closets and urinals must be made 
in accordance with tests conducted pursuant to this appendix, 
manufacturers may wish to begin using this test procedure as soon as 
possible.

0. Incorporation by reference

    DOE incorporated by reference in Sec.  430.3, the entire 
standard for ASME A112.19.2-2018; however, only enumerated 
provisions of that document apply to this appendix, as follows:
    a. Section 7.1.2 ``Gravity flush tank water closets,'' as 
specified in section 2.a of this appendix;
    b. Section 7.1.3 ``Flushometer tank, electro-hydraulic, or other 
pressurized flushing device water closets,'' as specified in section 
2.a of this appendix;
    c. Section 7.1.4 ``Flushometer valve water closets,'' as 
specified in section 2.a of this appendix;
    d. Section 7.1.5 ``Procedures for standardizing the water supply 
system,'' as specified in section 2.a of this appendix;
    e. Section 7.3 ``Water consumption test,'' as specified in 
section 3.a of this appendix;
    f. Section 8.2.1, as specified in section 2.b of this appendix;
    g. Section 8.2.2, as specified in section 2.b of this appendix
    h. Section 8.2.3, as specified in section 2.b of this appendix;
    i. Section 8.6 ``Water Consumption Test,'' as specified in 
section 3.b of this appendix;
    j. Table 5 ``Static test pressures for water closets, kPa 
(psi),'' as specified in section 2.a and 3.a of this appendix; and
    k. Table 6 ``Static test pressures for urinals, kPa (psi)'' as 
specified in section 2.a and 3.a of this appendix.
    In cases where there is a conflict, the language of the test 
procedure in this appendix takes precedence over ASME A112.19.2-
2018.
    1. Scope: This appendix covers the test requirements used to 
measure the hydraulic performances of water closets and urinals.

2. Test Apparatus and General Instructions

    a. When testing a water closet, use the test apparatus and 
follow the instructions specified in sections 7.1.1 (including Table 
5), 7.1.2, 7.1.3, 7.1.4, and 7.1.5 of ASME A112.19.2-2018 
(incorporated by reference, see Sec.  430.3). The flushometer valve 
used in the water consumption test must represent the maximum design 
flush volume of the water closet. Record each measurement at the 
resolution of the test apparatus. Round each calculation of water 
consumption for each tested unit to the same number of significant 
digits as the previous step.
    b. When testing a urinal, use the test apparatus and follow the 
instructions specified in sections 8.2.1, 8.2.2, and 8.2.3 
(including Table 6) of ASME A112.19.2-2018. The flushometer valve 
used in the water consumption test must represent the maximum design 
flush volume of the urinal. Record each measurement at the 
resolution of the test apparatus. Round each calculation of water 
consumption for each tested unit to the same number of significant 
digits as the previous step.

3. Test Measurement

    a. Water closets:
    (i) Measure the water flush volume for water closets, expressed 
in gallons per flush (gpf) and liters per flush (Lpf), in accordance 
with section 7.3, Water Consumption Test, of ASME A112.19.2-2018 
(incorporated by reference, see Sec.  430.3). For dual-flush water 
closets, the measurement of the water flush volume shall be 
conducted separately for the full-flush and reduced-flush modes and 
in accordance with the test requirements specified section 7.3, 
Water Consumption Test, of ASME A112.19.2-2018. The final measured 
flush volume for each tested unit is the average of the total flush 
volumes recorded at each test pressure as specified in Table 5 
``Static test pressures for water closets, kPa (psi),'' of ASME 
A112.19.2-2018.
    (ii) Flush volume and tank trim component adjustments: For 
gravity flush tank water closets, set trim components that can be 
adjusted to cause an increase in flush volume, including (but not 
limited to) the flapper valve, fill valve, and tank water level, in 
accordance with the installation instructions supplied by the 
manufacturer with the unit. If the installation instructions for the 
model to be tested do not specify trim setting adjustments, adjust 
these trim components to the maximum water use setting so that the 
maximum flush volume is produced without causing the water closet to 
malfunction or leak. Set the water level in the tank to the maximum 
water line designated in the installation instructions supplied by 
the manufacturer or the designated water line on the tank itself, 
whichever is higher. If the printed installation instructions or the 
water closet tank do not indicate a water level, adjust the water 
level to 1  0.1 inches below the top of the overflow 
tube or 1  0.1 inches below the top rim of the water-
containing vessel (for gravity flush tank water closets that do not 
contain an overflow tube) for each designated pressure specified in 
Table 5 of ASME A112.19.2-2018.
    b. Urinals--Measure water flush volume for urinals, expressed in 
gallons per flush (gpf) and liters per flush (Lpf), in accordance 
with section 8.6, Water Consumption Test, of ASME A112.19.2-2018. 
The final measured flush volume for each tested unit is the average 
of the total flush volumes recorded at each test pressure as 
specified in Table 6 ``Static test pressures for urinals, kPa 
(psi),'' of ASME A112.19.2-2018.

0
6. Section 430.32 is amended by revising paragraph (q) to read as 
follows:


Sec.  430.32  Energy and water conservation standards and their 
compliance dates.

* * * * *
    (q) Water closets. (1) The maximum water use allowed in gallons per 
flush for any of the following water closets manufactured after January 
1, 1994, shall be as follows:

------------------------------------------------------------------------
                                                           Maximum flush
                    Water closet type                        rate (gpf
                                                              (Lpf))
------------------------------------------------------------------------
(i) Gravity flush tank water closet.....................       1.6 (6.0)
(ii) Flushometer tank water closet......................       1.6 (6.0)
(iii) Electromechanical hydraulic water closet..........       1.6 (6.0)
(iv)Blowout bowl water closet...........................      3.5 (13.2)
------------------------------------------------------------------------

    (2) The maximum water use allowed for flushometer valve water 
closets, other than those with blowout bowls, manufactured after 
January 1, 1997, shall be 1.6 gallons per flush (6.0 liters per flush).
* * * * *

[FR Doc. 2021-09695 Filed 5-19-21; 8:45 am]
BILLING CODE 6450-01-P