[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Proposed Rules]
[Pages 27025-27029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09810]


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DEPARTMENT OF ENERGY

10 CFR Part 431

[EERE-2022-BT-TP-0019]
RIN 1904-AF08


Energy Conservation Program: Test Procedure for Compressors

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

ACTION: Request for information (``RFI'').

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SUMMARY: The U.S. Department of Energy (``DOE'') is initiating a review 
through this RFI to consider whether to amend DOE's test procedure for 
compressors. To inform interested parties and to facilitate this 
process, DOE has identified certain issues associated with the 
currently applicable test procedure on which DOE is interested in 
receiving comment. The issues outlined in this document mainly concern 
the scope of coverage, updated industry test procedures and the 
accuracy, representativeness and cost of existing test requirements. 
DOE welcomes written comments from the public on any subject within the 
scope of this document (including topics not raised in this RFI), as 
well as the submission of data and other relevant information.

DATES: Written comments and information are requested and will be 
accepted on or before June 6, 2022.

[[Page 27026]]


ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at www.regulations.gov, under docket 
number EERE-2022-BT-TP-0019. Follow the instructions for submitting 
comments. Alternatively, interested persons may submit comments by 
email to [email protected]. Include docket number EERE-
2022-BT-TP-0019 in the subject line of the message. No telefacsimiles 
(``faxes'') will be accepted. For detailed instructions on submitting 
comments and additional information on this process, see section IV of 
this document.
    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 coronavirus 2019 (``COVID-19'') pandemic. DOE is currently 
suspending receipt of public comments via postal mail and hand 
delivery/courier. 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 for this activity, which includes Federal 
Register notices, 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: www.regulations.gov/docket/EERE-2022-BT-TP-0019. The docket web page contains instructions on how 
to access all documents, including public comments, in the docket. See 
section III of this document for information on how to submit comments 
through www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    Mr. Jeremy Dommu, 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) 586-9870. Email: [email protected].
    Ms. Celia Sher, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 287-6122. Email: [email protected].
    For further information on how to submit a comment or review other 
public comments and the docket, contact the Appliance and Equipment 
Standards Program staff at (202) 287-1445 or by email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Introduction
    A. Authority and Background
    B. Rulemaking History
II. Request for Information
    A. Scope and Definitions
    B. Test Procedure
    1. Energy Use Measurements
    2. Representative Average Use Cycle
    3. Updates to Industry Test Procedures
III. Submission of Comments

I. Introduction

    Compressors are among the consumer and industrial equipment for 
which DOE is authorized to establish and amend test procedures and 
energy conservation standards. (42 U.S.C. 6311(2)) DOE's test 
procedures for compressors are prescribed at title 10 of the Code of 
Federal Regulations (``CFR'') 431.344 and appendix A to subpart T of 
part 431. The following sections discuss DOE's authority to establish 
and amend test procedures for compressors, as well as relevant 
background information regarding DOE's consideration of test procedures 
for this equipment.

A. Authority and Background

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
authorizes DOE to regulate the energy efficiency of a number of 
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part C \2\ of EPCA, added by Public Law 95-619, Title 
IV, Sec.  441(a) (42 U.S.C. 6311-6317 as codified), established the 
Energy Conservation Program for Certain Industrial Equipment, which 
sets forth a variety of provisions designed to improve energy 
efficiency. Under EPCA, DOE may include a type of industrial equipment, 
including compressors, as covered equipment if it determines that to do 
so is necessary to carry out the purposes of Part A-1. (42 U.S.C. 
6311(1)(L), 42 U.S.C. 6311(2)(B)(i), and 42 U.S.C. 6312(b)). The 
purpose of Part A-1 is to improve the efficiency of electric motors and 
pumps and certain other industrial equipment in order to conserve the 
energy resources of the Nation. (42 U.S.C. 6312(a)) On November 15, 
2016, DOE published a final rule, which determined that coverage for 
compressors is necessary to carry out the purposes of Part A-1 of Title 
III of EPCA. 81 FR 79991. (42 U.S.C. 6311(1)(L); 42 U.S.C. 6311 (2)(A); 
42 U.S.C. 6311 (2)(B)(i))
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    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020), which reflect the last statutory amendments that impact 
Parts A and A-1 of EPCA.
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated Part A-1.
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    The energy conservation program under EPCA consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA include definitions (42 U.S.C. 6311), test 
procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315), 
energy conservation standards (42 U.S.C. 6313), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6316; 42 
U.S.C. 6296).
    Federal energy efficiency requirements for covered equipment 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6316(a) and 42 U.S.C. 6316(b); 42 U.S.C. 6297).) DOE may, 
however, grant waivers of Federal preemption in limited instances for 
particular State laws or regulations, in accordance with the procedures 
and other provisions set forth under 42 U.S.C. 6316(b)(2)(D).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered equipment must use as the basis for: (1) 
Certifying to DOE that their equipment complies with the applicable 
energy conservation standards adopted pursuant to EPCA (42 U.S.C. 
6316(a); 42 U.S.C. 6295(s)), and (2) making other representations about 
the efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE 
must use these test procedures to determine whether the equipment 
complies with relevant standards promulgated under EPCA. (42 U.S.C. 
6316(a); 42 U.S.C. 6295(s))
    EPCA also requires that, at least once every 7 years, DOE evaluate 
test procedures for each type of covered equipment, including 
compressors, to determine whether amended test procedures would more 
accurately or fully comply with the requirements for the test 
procedures to not be unduly burdensome to conduct and be reasonably 
designed to produce test results that reflect energy efficiency,

[[Page 27027]]

energy use, and estimated operating costs during a representative 
average use cycle. (42 U.S.C. 6314(a)(1)) In addition, if the Secretary 
determines that a test procedure amendment is warranted, the Secretary 
must publish proposed test procedures in the Federal Register, and 
afford interested persons an opportunity (of not less than 45 days' 
duration) to present oral and written data, views, and arguments on the 
proposed test procedures. (42 U.S.C. 6314(b)) If DOE determines that 
test procedure revisions are not appropriate, DOE must publish its 
determination not to amend the test procedures. DOE is publishing this 
RFI to collect data and information to inform its decision in 
satisfaction of the 7-year review requirement specified in EPCA. (42 
U.S.C. 6314(a)(1)).

B. Rulemaking History

    As stated, DOE published a final rule on November 15, 2016, in 
which DOE determined that coverage of compressors is necessary to carry 
out the purposes of Part A-1 of Title III of EPCA. 81 FR 79991. DOE's 
test procedure for determining compressor energy efficiency of certain 
varieties of compressors was established in a final rule published on 
January 4, 2017. 82 FR 1052. The test procedure is codified in 10 CFR 
431.344 and appendix A to subpart T of part 431.
    The compressor test procedure currently adopts through reference 
certain sections of the ISO Standard 1217:2009(E) ``Displacement 
compressors--Acceptance tests'' and accompanying ISO standard 
1217:2009/Amd.1:2016(E) ``Displacement compressors--Acceptance tests 
(Fourth edition); Amendment 1: Calculation of isentropic efficiency and 
relationship with specific energy,'' (``ISO 1217:2009(E)'') in 
conjunction with the additional clarifications and test methods and 
calculations established in the final rule. 82 FR 1052, 1054.

II. Request for Information

    In the following sections, DOE has identified a variety of issues 
on which it seeks input to aid in its analysis of whether an amended 
test procedure for compressors would more accurately or fully comply 
with the requirement in EPCA that the test procedure produces results 
that measure energy use during a representative average use cycle for 
the product, and not be unduly burdensome to conduct. (42 U.S.C. 
6314(a)(2)) Additionally, DOE welcomes comments on any aspect of the 
existing test procedures for compressors and on other relevant issues 
that may not specifically be identified in this document.

A. Scope and Definitions

    A compressor is a machine or apparatus that converts different 
types of energy into the potential energy of gas pressure for 
displacement and compression of gaseous media to any higher pressure 
values above atmospheric pressure and has a pressure ratio at full-load 
operating pressure greater than 1.3. 10 CFR 431.342.
    DOE's test procedure applies to compressors that meet the following 
criteria:
    (1) Is an air compressor;
    (2) Is a rotary compressor;
    (3) Is not a liquid ring compressor;
    (4) Is driven by a brushless electric motor;
    (5) Is a lubricated compressor;
    (6) Has a full-load operating pressure greater than or equal to 75 
pounds per square inch gauge (psig) and less than or equal to 200 psig;
    (7) Is not designed and tested to the requirements of the American 
Petroleum Institute Standard 619, ``Rotary-Type Positive-Displacement 
Compressors for Petroleum, Petrochemical, and Natural Gas Industries;''
    (8) Has full-load actual volume flow rate greater than or equal to 
35 cubic feet per minute (cfm), or is distributed in commerce with a 
compressor motor nominal horsepower greater than or equal to 10 
horsepower (hp); and
    (9) Has a full-load actual volume flow rate less than or equal to 
1,250 cfm, or is distributed in commerce with a compressor motor 
nominal horsepower less than or equal to 200 hp. 10 CFR 431.344(a).
    To support the scope of the compressor test method at appendix A to 
subpart T of part 431, DOE established the following definitions 
related to compressors:
    Actual volume flow rate means the volume flow rate of air, 
compressed and delivered at the standard discharge point, referred to 
conditions of total temperature, total pressure and composition 
prevailing at the standard inlet point, and as determined in accordance 
with the test procedures prescribed in Sec.  431.344.
    Air compressor means a compressor designed to compress air that has 
an inlet open to the atmosphere or other source of air, and is made up 
of a compression element (bare compressor), driver(s), mechanical 
equipment to drive the compressor element, and any ancillary equipment.
    Brushless electric motor means a machine that converts electrical 
power into rotational mechanical power without use of sliding 
electrical contacts.
    Compressor motor nominal horsepower means the motor horsepower of 
the electric motor, as determined in accordance with the applicable 
procedures in subparts B and X of this part, with which the rated air 
compressor is distributed in commerce.
    Full-load actual volume flow rate means the actual volume flow rate 
of the compressor at the full-load operating pressure.
    Lubricated compressor means a compressor that introduces an 
auxiliary substance into the compression chamber during compression.
    Positive displacement compressor means a compressor in which the 
admission and diminution of successive volumes of the gaseous medium 
are performed periodically by forced expansion and diminution of a 
closed space(s) in a working chamber(s) by means of displacement of a 
moving member(s) or by displacement and forced discharge of the gaseous 
medium into the high-pressure area.
    Pressure ratio at full-load operating pressure means the ratio of 
discharge pressure to inlet pressure, determined at full-load operating 
pressure in accordance with the test procedures prescribed in Sec.  
431.344.
    Rotary compressor means a positive displacement compressor in which 
gas admission and diminution of its successive volumes or its forced 
discharge are performed cyclically by rotation of one or several rotors 
in a compressor casing. 10 CFR 431.342.
    Issue 1: DOE requests comment on the scope of the compressors test 
procedure, and on any developments in the industry that may warrant 
reexamination of the respective scope criteria.
    Issue 2: DOE requests comment on the definitions related to the 
scope of the compressors test procedures, and whether any of the terms 
should be amended, and if so the reason for any such change and how the 
terms should be amended. In particular, DOE requests comment on whether 
the terms are sufficient to identify which equipment is subject to the 
test procedure and whether any test procedure amendments are required 
to ensure that all such equipment can be appropriately tested in 
accordance with the test procedure.

B. Test Procedure

    DOE specifies package isentropic efficiency as the test metric for 
compressors. 10 CFR 431.464(b). Package isentropic efficiency is

[[Page 27028]]

determined at ``full-load'' and ``part-load,'' which respectively apply 
to fixed- and variable-speed compressors. 10 CFR 431.344(b).
1. Energy Use Measurements
    As stated, the current DOE test procedure for compressors is 
codified in 10 CFR part 431, subpart T, appendix A. The test procedure 
provides for measuring the energy required by a compressor to compress 
a certain volume of air under specific conditions and divides that 
value by the energy that would be required by a thermodynamically 
idealized compressor performing an identical compression process with 
no increase in entropy.\3\
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    \3\ An idealized compressor would perform compression with no 
increase in entropy, which is commonly understood as disorder in a 
thermodynamic system and represents an irreversible loss of energy. 
In practice, all real compressors will cause a finite entropy 
increase.
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    Issue 3: DOE seeks comment on whether existing test procedure 
requirements (e.g., instrumentation, testing configurations/
specifications, calculation methodologies) accurately measure energy 
use. DOE requests comment on the costs associated with the test 
procedure and whether amendments would reduce test cost while 
maintaining the representativeness of the results.
2. Representative Average Use Cycle
    Compressors supply pressurized gas at pressure levels greater than 
ambient at flow rates matched to application demand. Accordingly, 
energy use varies as a function of the quantity of pressurized gas 
called for. The current DOE test procedure for compressors measures 
energy use during a representative average use cycle.
    Issue 4: DOE seeks comment on what constitutes a representative 
average use cycle/period of use for compressors with distinction made, 
as appropriate, between fixed- and variable-speed compressors.
3. Updates to Industry Test Procedures
    DOE's established practice is to adopt industry standards as DOE 
test procedures unless such methodology would be unduly burdensome to 
conduct or would not produce test results that reflect the energy 
efficiency, energy use, water use (as specified in EPCA) or estimated 
operating costs of that product during a representative average use 
cycle. 10 CFR 431.4; 10 CFR part 430 subpart C appendix A section 8(c). 
In cases where the industry testing standard does not meet the EPCA 
statutory criteria for test procedures, DOE will make any necessary 
modifications to these testing standards through the rulemaking process 
when adopting them for inclusion into DOE's regulations.
    DOE's compressor test procedures incorporate certain sections of 
industry standard ISO 1217:2009(E), in conjunction with the additional 
detail and test methods and calculations established in the DOE test 
procedure. 10 CFR 431.343(b). ISO 1217:2009(E) was reviewed and 
reaffirmed by ISO in 2021 and remains current.\4\
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    \4\ ISO 1217:2009. ``Displacement compressors -- Acceptance 
tests''. Available at: www.iso.org/standard/44769.html. Accessed 
2022-04-18.
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    Issue 5: DOE requests comment on ISO 1217:2009(E) and its 
associated amendment, ISO 1217:2009/Amd.1:2016(E), in the context of 
suitability for continued use as the basis of compressors test 
procedures and on any anticipated forthcoming updates.

III. Submission of Comments

    DOE invites all interested parties to submit in writing by the date 
specified under the DATES heading, comments and information on matters 
addressed in this RFI and on other matters relevant to DOE's 
consideration of amended test procedures for compressors. These 
comments and information will aid in the development of a test 
procedure NOPR for compressors if DOE determines that amended test 
procedures may be appropriate for this equipment.
    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. Following this instruction, 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 (``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. Faxes will not be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.

[[Page 27029]]

    Confidential Business Information. According to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email two well-marked copies: One copy of the document marked 
confidential including all the information believed to be confidential, 
and one copy of the document marked ``non-confidential'' with the 
information believed to be confidential deleted. DOE will make its own 
determination about the confidential status of the information and 
treat it according to its determination.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).
    DOE considers public participation to be a very important part of 
the process for developing test procedures and energy conservation 
standards. DOE actively encourages the participation and interaction of 
the public during the comment period in each stage of this process. 
Interactions with and between members of the public provide a balanced 
discussion of the issues and assist DOE in the process. Anyone who 
wishes to be added to the DOE mailing list to receive future notices 
and information about this process should contact Appliance and 
Equipment Standards Program staff at (202) 287-1445 or via email at 
[email protected].

Signing Authority

    This document of the Department of Energy was signed on May 2, 
2022, by Kelly J. Speakes-Backman, Principal Deputy 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 3, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-09810 Filed 5-5-22; 8:45 am]
BILLING CODE 6450-01-P