# AMERICAN PUBLIC **GAS ASSOCIATION** 

**_____________________________________________________________________________________________ 201 Massachusetts Avenue, NE, Suite C**  **- 4**   **Washington, DC 20002**   **202.464.2742**  **202.464.0246 (fax)** September 12, 2013 Ms. Brenda Edwards U.S. Department of Energy , Building Technologies Program 1000 Independence Avenue SW Washington, DC 20585 - 0121 **RE: Proposed Determination of**  **Natural Draft Commercial Packaged Boilers as Covered Equipment [**  **Docket No. EERE**  **- 2013**  **- BT**  **- STD**  **- 0030**  **- 0001]**  Dear Ms. Edwards : The American Public Gas Association ( “ APGA ” ) is pleased to submit comments in response to the Notice of Proposed Determination of Natural Draft Commercial Packaged Boilers as Covered Equipment (the “NOPD”) issued by the U.S. Department of Energy ( “ DOE ” ), Office of Energy Efficiency

and Renewable Energy

( “ EERE ” ), in the Federal on August 13 , 2013 . 1 APGA is the national association for publicl y - owned natural gas distribution sy stems. There are approximately

1,000 public gas s ys tems in 3 7 states and over 700 of these sy stems are APGA members. Publicly - owned gas s ys tems are not - for - profit, retail distribution entities owned by , and account able to, the citizens they serve. They

include municipal gas distribution sy stems, public utility

districts, county

districts, and other public agencies that have natural gas distribution facilities. For more information, please visit www.apga.org. The En ergy

Policy and Conservation Act (“EPCA”), 42 U.S.C, § 6293, sets forth criteria and procedures that DOE must follow when prescribing or amending energy conservation standards for various consumer products, including microwave ovens. EPCA requires that any amendment to an energy

efficiency

standard for certain consumer products (such as microwave ovens) result in the maximum improvement in energy efficiency , and be determined by the Secretary

to be both technologically

feasible and “economically justified.” The Energy

Policy Act of 1992 ( “ EPACT 1992 ” ), Public L aw 102 −486, amended EPCA to add commercial packaged boilers as a t ype of covered equipment. EPACT 1992 also amended EPCA with respect to packaged boilers by providing a definition, as well as provisio ns setting forth applicable requirements for energy conservation standards, test procedures, labeling, and compliance certification. (42 U.S.C. 6311(11)(B); 6313(a)(4); 6314(a)(4); 6315(e); 6316(a) - (b)) . **DOE should promulgate the definition for “natural draft commercial packaged boiler” as proposed**  **in the NOPD.** 1 Energy Conservation Program for Certain Commercial and Industrial Equipment: Proposed Determination of Natural Draft Commercial Packaged Boilers as Covered Equipment; Proposed determination of coverage. 78 FR 49202 ( August 13 , 2013).2

In the NOPD , DOE proposes the following definition of “natural draft commercial packaged boiler” to provide clarity

for interested parties as i t continues its analy ses: Natural draft commercial packaged boiler means a commercial packaged boiler designed to operate with negative pressure in the firebox and in the flue connection created b y a chimney or the height of the unit itself, up to the draft control device. Such boilers do not require mechanical drafting equipment to vent combustion gases, but may include mechanical devices such as mechanical flue or stack dampers to limit the heat losses through the flue vent during off - cycle. APGA s upports the promulgation of the the definition for “natural draft commercial packaged boiler” as proposed in NOPD. Inthe NOPD, DOE noted that according its current interpretation of the relevant statutory

provisions, natural draft commercial packaged boil ers are currently included as covered equipment with standards at 10 CFR part 430, subpart E. However, as observed in the NOPD, there is currentl y no statutory definition of “natural draft commercial packaged boiler. ” Minimum efficiency standards coverage of these products without a formal definition is a clear deficiency in the formal standards process, especiall y since ASHRAE Standard 90.1, the origin of the minimum efficiency requirements, does not itself present a robust definition to cover these produc ts. Defining natural draft commercial packaged boiler s as a separate product class will prom o te conservation of energy

and provide a more level playing field to the variety of commercial packaged boilers on the market, thereb y discouraging potential subst itution effects. The large market presence of natural draft commercial packaged boilers, representing 41% of models among commercial packaged boilers overall and a DOE - estimated 36,000 units shipped annually , suggests the continued importance of separate r ulemaking treatment of these products. APGA believes DOE’s concerns relating to potential substitution effects from a lack of explicit coverage of natural draft commercial packaged boilers are justified . Promulgation of efficiency standards for “commercia l packaged boilers” (i.e., without differentiation of product class according to venting s ys tem ty pe) would likely

lead to elimination of natural draft commercial packaged boilers in pursuit of highest minimum efficiency levels and violate EPCA prohibition s against Federal minimum efficiency standards that would result in the unavailability in the U. S. of an y covered equipment ty pe “of performance characteristics (including reliability), features, sizes, capacities, and volumes that are substantially the s ame as those currently on the market (42 U.S.C. 6295(o)(4)...” With respect to differentiating aspects of natural draft commercial package boilers, venting sy stem t ype is a key “feature” with respect to this EPCA language since venting s ys tems are outside of the direct regulation of equipment efficiency standards and y et have significant importance in the costs of equipment installation and building design. These negative substitution effects should be avoided . Maintaining differentiation of natural draft c ommercial packaged boilers is key to that end.3

**DOE Should Adopt Full -**  **Fuel -**  **Cycle Metrics** APGA believes that energy descriptors for appliances should reflect full - fuel - cycle energy metrics that allow for the comparison of products for which there is a choice of fuels. A source or full - fuel - cy cle anal ys is examines all impacts associated with ene rgy use, including those from extraction/production, conversion/generation, transmission, distribution, and ultimate energy consumption. The current DOE practice of using site (or point - of - use) measurement fails to account for the energy

losses expended be tween the processes of energy extraction through delivery to the point of final consumption, when comparing energy use intensity

of optional fuels. Site - based measurement of energy consumption and efficiency favors technologies that result in the consumpti on of greater quantities of raw energy , and therefore, emission of greater quantities of pollutants. Full - fuel - cy cle metrics enable a more comprehensive anal ys is of the total energy usage and environmental impacts associated with of appliance energy effic iency

standards. Full - fuel - cy cle metrics would also level the playing field for appliances that can use different fuels by providing a proper basis for comparing energy usage and efficiency . By way of example, for appliances that use natural gas most of th e energy losses and emissions occur at the point of use. The overall natural gas delivery

s ys tem, from extraction and production, through processing, transportation, and delivery

to end use is relativel y efficient

– approximately 92% of the energy

produced reaches the consumer as usable energy , where electricity is onl y about 32% efficient, with about 64% lost in generation. 2 For these reasons, The National Academies (of Science, of Engineering, Institute of Medicine, and the National Research Council), in a report dated May 15, 2009, recommended that the DOE consider moving over time to the use of a full - fuel - cycle measure of energy consumption in its conservation standard program. In particular, the National Academies recommended that for appliances for which there is a choice of fuel, efficiency ratings should be calculated using an extended site energy

metric pending a transition to the use of full - fuel - cycle energy metrics. 3 In response to the National Academies’ report, DOE issued a Statement of Policy (SOP) announcing its plans to adopt full - fuel - cycle energy analy ses into their Energy Conservation Standards Program. 4 Specifically , DOE stated its intention to use full - fuel - cy cle energy measures of energy use and emissions, rather than site energy measures. Natural gas is the cleanest, safest, and most useful of all fossil fuels. The inherent cleanliness of natural gas compared to other fossil fuels, as well as strong domestic supply projections and superior efficiency

of natural gas equipment, means that substituting gas for the other fuels will 2 U.S. Energy Information Administration, Annual Energy Review 2011 , Table 2.1b. 3 The National Academies Press, 2009. National Academy of Sciences Letter dated May 15, 2009 at p. 12 (“Recommendation 3: For appliances for which there is a choice of fuel, such as storage water heaters and heating equipment, efficiency ratings should be calculated using the extended site mea sure of energy consumption until DOE/EERE can consider and complete a transition to the use of the full - fuel - cy cle measure of energy consumption.”). 4 Energy Conservation Program for Consumer Products and Certain Commercial and Industrial Equipment; Statement of Policy for Adopting Full-Fuel- Cycle Analyses Into Energy Conservation Standards Programs , 76 Fed. Reg. 51281 (Aug. 18, 2011).4

reduce the emissions of the air pollutants that produce smog, acid rain and exacerbate the "greenhouse" effect. Natural gas is the lowest CO2 emission source per BTU delivered of an y fossil fuel. Using gas - fir ed appliances for homes instead of electric ultimately reduces greenhouse gas emissions by one - half to two thirds. Simply put, increasing the direct - use of natural gas is the surest, quickest, and most cost - effective avenue to achieve significant reduction s in greenhouse gases and therefore should be a critical component of any green buildings certification program. One consequence of using a site - based metric is to promote fuel switching in the design decision away from more full - fuel - cycle energy efficient and lower greenhouse gas emitting gas technologies toward more site energy efficient electric technologies. To promote energy

efficiency

and lower greenhouse gas emissions, a full - fuel - cycle metric should be used. It is the position of APGA that DOE sho uld follow - through on its commitment to incorporate a meaningful use of full - fuel - cy cle measures of energy use and emissions. To overcome the site based shortcomings identified the National Academies and to remed y the disconnect between DOE’s current metho dology and the robust full - fuel cy cle approach recommended, APGA strongl y urges DOE to employ a secondary

energy descriptor to capture full - fuel cy cle efficiency in line with the recommendations from the National Academies. While The Energy

Policy and Conservation Act, 42 U.S.C, § 6293, requires the measurement of energy use on a “site” basis, it does not preclude the use of additional or secondary energy descriptors that provide useful information to consumers on the energy consumption and environmental impacts of their appliance choices. Moreover, implementing an extended site or full - fuel - cy cle energy

descriptor would not require alteration of any test methods for appliances. Rather, a simple calculation can be done using the primary (site - based) energy

descriptor as an independent variable. APGA thanks the Office of Energy Efficiency

and Renewable Energy for its consideration of these comments. Respectfully

submitted,

Bert Kalisch, CEO American Public Gas Associat ion 202.464.2742 bkalisch@apga.org