### Wednesday, 

### August 

## 9, 2000



# Part II



# Department of Energy

Office of Energy Efficiency and Renewable Energy

10 CFR Part 431 Energy Efficiency Program for Certain Commercial and Industrial Equipment: Test Procedures and Efficiency Standards for Commercial Air 

### Conditioners and Heat Pumps, Commercial Packaged Boilers, Commercial Water Heaters, Hot Water Supply Boilers and Unfired Hot Water Storage Tanks; Proposed Rules

### 48852 

### Federal Register I

### Vol. 65, No. 154 I

### Wednesday, August 9, 2000/Proposed Rules

operation according to sections 7.2.2.4, 7.8 and 9.2 ofASHRAE Standard 103- 1993 under the rated input conditions. Conductthe measurement during an additional 30 minutes ofsteady state operation after completing the steady
state combustion efficiency test in paragraph (d)(l)(i) ofthis section.

(iii) Steam and Hot Water Boilers. Test a steam and hot waterboiler as a steam boiler for its combustion efficiency. Optionally, you may also test thisboiler as a hot water boilerto obtain

a combustion efficiencyrating whenthe boiler is operated as a hot water boiler.

(2) Test measurements for Packaged High Pressure Steam and High Temperature Water Boilers, and Optional Test Procedure for Packaged Low Pressure Boilers. Use thetest procedure from Section 5. Efficiency by Heat Loss Method. ofASME PTC 4.1.

(e) Calculations. (1) Calculationsfor Packaged LowPressure Steam andHot WaterBoilers. (iJ Combustion Efficiency. Use the calculation procedure for combustion efficiency test specified in section 11.2 ofthe 1989 Hydronics InstituteTesting and Rating Standard for Heating Boilers (except that for gas fuel. do not calculate Item 9 ofsec. 11.2.1 which is for oil fuel only). For gas-fired boilers. instead of using section 11.2 ofthe 1989 HI Standard to calculate the flue loss, you may calculate the flue loss by the procedure specified in Exhibit D ofthe ANSI Standard Z21.13a-1993.

(ii) Procedure for the Calculation of the Additional Heat Gain and Heat loss, and Adjustment to the Combustion Efficiency. for a Condensing Boiler.

(A) Procec.ure for the Calculation of the Additional Heat Gain and Heat loss. After following the procedure for the
measurement offlue condensate of paragraph (d)(1)(ii) ofthis section. calculate the latentheat gain from the condensation ofthe water vapor inthe flue gas and heat loss due to the flue condensate down the drain according to section 11.3.7.1 and 11.3.7.2 of ASHRAE Standard 103-1993, with the exception that in the equation for the heat loss due to hot flue condensate flowing down the drain in section 11.3.7.2, replace the indoortemperature of70°F and the temperature term TOA by the mearured room ambient temperature as determined in section 8.4.3 ofthe 1989 Hydronics Institute Testing andRating Standard for Heating Boilers.

(B) Adjustment to theCombustion Efficiency for a Condensing Boiler. Adjust the combustion efficiency calculated in paragraph (e)(1)(i) ofthis section by addingthe latent heat gain from the condensation ofthe water vaporin the flue gas, and by subtracting the heat loss (due to the flue condensate down the drain) as calculated in (e)(1)(ii)(A) ofthis section, to obtain the combustion efficiency ofa condensing boiler.

(2) Calculationsfor PackagedHigh Pressure Steam andHigh Temperature WaterBoilers, andfor theAlternative Test Procedure (paragraph (C)(l)(v) of this section)for Packaged LowPressure Boilers. Use the Abbreviated Efficiency Test by theheat loss method for gas or oil fuel as specified in section 7.3 and the Test Forms for the Abbreviated Efficiency Test, PTC 4.1-8 (Summary Sheet) and PTC 4.1-h (Calculation Sheet), ofASME PTC 4.1 to determine the combustion efficiency, except that you must set the following specific heat loss terms (as listed in section 7.3 of ASME PTC 4.1) to 0: sections 7.3.2.03 (moisture in fuel), 7.3.2.01 (combustible in dryrefusel. 7.3.2.10 (radiation to surroundings). 7.3.2.05 through 7.3.2.09 and 7.3.2.11 through 7.3.2.14 (unmeasured losses). Energy Efficiency Standards

§431.371 Energy conservation standards and effective dates.

Each commercial packaged boiler manufactured on or after January 1. 1994 must meet the following energy efficiency standard levels:

(a) For a gas-fired packaged boiler with a capacity of300.000 Btu per hour

or more, the combustion efficiency at the maximum rated capacity mustbe
not less than 80 percent.

(b) For an oil-fired packaged boiler with a capacity of300,000 Btu perhour

ormore, the combustion efficiency at the maximum rated capacity mustbe
not less than 83 percent.

[FR Doc. 00-19721 Filed 8-8-00; 8:45 am]

81LUNG CODE M50-01-P

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 431
[Docket No. EE-RMITP-99-480)

R1N 1904-AA95
Energy Efficiency Program for Certain Commercial and Industrial Equipment: Test Procedures and Efficiency Standards for Commercial Water Heaters, Hot Water Supply Boilers and Unfired HotWater Storage Tanks

AGENCY: Office ofEnergy Efficiency and Renewable Energy, Department of Energy. ACTION: Proposed rule and public hearing.

SUMMARY: The Energy Policy and Conservation Act, as amended (EPCA). establishes energy efficiency standards and test procedures for certain commercial products, including commercial waterheaters, hot water supply boilers and unfired hot water storage tanks. The Department ofEnergy (we. DOE. orthe Department) proposes regulations to implement the standards and test procedures for these commercial waterheaters. hot water supply boilers and unfired hot water storage tanks.

DATES: The Department will accept comments, data. and information regarding the proposed rule until October 23.2000. Please submit a signed original and ten (10) copies. In addition, we request that you provide an electronic copy (3
'12" diskette) ofthe
comments in WordPerfectTM 8.

We will hold a public hearing (workshop) on September 20,2000, in Washington. DC. Please sendreyuests to speak at the workshop so that \\'p receive themby 4:00 p.m.• on September 6. 2000. Send ten Jpies ofyour statements for the put workshop so that we receive tl,ull by 4:00 p.m., on September 13, 2000. We also request a computer diskette (WordPerfectTM 8) ofeach statr'ment.

ADDRESSES: Please submit "**~n** comments, oral statemenc·**~quests** to speak at the workshop t, 1a EdwardS-Jones, U.S. Depa' Energy. Office ofEnergy F and Renewable Energy. EE-4 '10. EE-RMf'1"P-99-4BO,100 -once Avenue. -::V\'. Wadlingto, You rna, ,,,nd email to: brenda.6l.\'ards-jones@ec The workshop will beein at 9:;

., on September 20.2000, in R. ;-245 at the U.S. Department ofEJ \' Forrestal Building, 1000 Independ. r::e .•venue. SW. Washington. DC. You can find

more information concerning public participation in this rulemaking proceeding in section IV, "Public Comment," ofthis notice.

You can read the transcript ofthe public workshop and public comments received in the Freedom ofInformation Reading Room (Room No. 1E-190) at the U.S. Department ofEnergy. Forrestal Building, 1000 Independence Avenue, SW.• Washington, DC 20585, between thehours of9:00 a.m. and 4:00 p.m., Monday through Friday. except Federal holidays.

You can obtain the latest information regarding the public workshop from the Office ofBuilding Research and Standards world wide web site at the

### Federal Register I

### Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules 48853

following address: http:// www.eren.doe.govlbuildings! codes_standards!

FOR FURTHER INFORMATION CONTACT: Cyrus H. Nasseri. U.S. Department of Energy. Office ofEnergy Efficiency and Renewable Energy, Mail Station. EE-41. 1000IndependenceAvenue. SW.• Washington. D.C. 20585. (202) 586- 9138. FAX (202) 586-4617. e-mail: Cyrus.Nasseri@ee.doe.gov. orEdward Levy. Esq, US. Department ofEnergy, Office ofGeneral Counsel, Mail Station. 

### GC-72. 1000 Independence Avenue. SW., Washington. D.C. 20585, (202) 586-9507. e-mail: Edward.LeVY@hq.doe.gov.

SUPPLEMENTARY INFORMAnoN: The proposed rule incorporates. by reference. certain test procedures contained in an industry standard referencedby the American Society of Heating. Refrigerating, and AirConditioning Engineers. Inc. (ASHRAE) Standard 90.1 (ASHRAE or ASHRAEI IES Standard 90.1) for commercial water heaters. The industry standard is American National Standards Institute (ANSI) Standard Z21.10.3-1998. "Gas Water Heaters Volume III Storage Water Heaters. with Input Ratings above 75.000 Btu per Hour. Circulating and Instantaneous." We proposeto incorporate by reference the "Method of Test" subsections ofsections 2.9 and 2.10 and the sections referenced there. including sections 2.1.7 and 2.30.

You can view copies ofthis standard
at the Department ofEnergy's Freedom ofInformation Reading Room at the address stated above. You can obtain copies ofthe ASHRAE and ANSI Standarde from the American Society of Heating. Refrigerating. and AirConditioning Engineers. Inc.• 1971 Tullie Circle. NE. Atlanta. GA 30329. http://www.ashrae.org; and Global EngineeringDocuments. 15 Inverness Way East. Englewood. CO 80112. http:! !global.ihs.com/,respectively.

L Introduction
A. Authority B.Background

1. General 2. Issues Concerning Water Heaters. Hot

Water Supply Boilers and Unfired Hot Water Storage Tanks. C. The Proposed Rule

n.Discussion
A. General B. Commercial WaterHeaters and Hot Water Supply Boilers-Definitions and Coverage
1. Instantaneous water heaters 2. Hot water supply boilers

R. Types ofwater heating products b. Standards and test procedures in EPCA

and ASHRAE Standard 90.1 c. The proposed rule for hot water supply boilers i.Product definition ii. Energy effiCiency standards ill.Test procedures iv. Effective date d. Alternative Proposals 3. Heat pump water heaters
4. Waste heat recovery water heaters C. Commercial Water Heaters-Test Procedures for the Measurement of Energy Efficiency 1. Gas-fired water heaters 2. Oil-fired water heaters 3. Electric water heaters D. Commercial Unfired Hot Water Storage Tanks
1. Exemption From and Application of

Maximum Heat Loss Requirement 2. Unfired Hot Water Storage Tank Test

Procedure



## m. Procedural Requirements
A. Review Under the National Environmental Policy Act of 1969 B. Review Under Executive Order 12866. "Regulatory Planning and Review'" C. Review Under the Regulatory Flexibility Act
D. Review UnderExecutive Order 13132. "Federalism" E. Review Under Executive Order 12630. "Governmental Actions and Interference with Constitutionally Protected Property Rights" F. Review Under thePaperwork Reduction Act G. Review UnderExecutive Order 12988. "Civil Justice Reform" H. Review Under Section 32 ofthe Federal Energy Administration Act of 1974 1. Review Under Unfunded Mandates Reform Act of 1995 J. Review Under the Treasury and General Government Appropriations Act, 1999 K. Plain Language Directive

IV. Public Comment
A. Written Comment Procedures B. Public Workshop

1. Procedures for Submitting Requests to

Speak 2. Conduct ofWorkshop C. Issues on which Comments are Requested

L Introduction

A.

### Authority

Part B ofTitleIII ofthe Energy Policy and Conservation Act (EPCA) of 1975. Pub. L. 94-163, as amended, by the National Energy Conservation Policy Act of 1978 (NECPA). Pub. L. 95-619. the National Appliance Energy Conservation Act of 1987 (NAECA). Pub. L. 100-12.the National Appliance Energy Conservation Amendments of 1988 (NAECA 1988), Pub. L. 100-357, and the Energy Policy Act of 1992 (EPACT). Pub. L. 102-486, established the "Energy Conservation Program for Consumer Products otherthan Automobiles." Part 3 ofTitle IV of NECPA amended EPCA to add "Energy Efficiency ofIndustrial Equipment." which included commercial water heaters, hot water supply boilers. unfIred hot water storage tanks and othertypes ofcommercial products.

EPACT also amended EPCA with respect to commercial products. It provided definitions. test procedures, labeling provisions. energy conservation standards, and the authority to require information and reports from manufacturers. See 42 U.S.C. 6311- 6316. EPCA authorizes the Secretarv of Energy to prescribetest procedures"that

are reasonably deSigned to produce results which reflect energy efficiency,
energy use and estimated operating
costs. and that are not unduly burdensome to conduct. 42 U.S.c. 6314.

With respect to some commercial products for which EPCA prescribes
energy conservation standards, including commercial waterheaters. hot
water supply boilers. and unfIred hot
water storage tanks, "thetest procedures shall be those generally accepted industry testing procedures orrating procedures developed or recognized by the American Society ofHeating. Refrigerating and Air Conditioning Engineers, as referenced in ASHRAEI IES Standard 90.1 and in effect on June 30,1992." 42 U.S.C. 6314(a)(4)(A). Further. ifsuch an industry testing or rating procedure gets amended, DOE
must revise its test procedure to be consistent with the amendment, unless the Secretary determines, based on clear and convincing evidence. that to do so would not meet certain general requirements spelled out in the statute for test procedures. 42 U.S.C. 6314(a)(4)(B). Before prescribing any test procedures for commercial products. the Secretary must publish them in the Federal Register and afford interested persons at least45 days to present data, views and arguments. 42 US.c. 6314(b). Effective 360 days after

a test procedure rule applicable to a covered commercial product, such as a commercial waterheater, hot water supplyboiler, orunfired hot water storage tank. is prescribed, no manufacturer, distributor, retailer or private labeler may make any representation in writing orinbroadcast advertisement respecting the energy consumption or cost ofenergy consumed by such a product, unless it has beentested in accordance with the prescribed procedure and such representation fairly discloses the results ofthe testing. 42 U.S.C. 6314(d). Finally, EPACT extends certain powers, originally granted to the Secretary under NAECA, to require manufacturers of products covered by this proposed rule
to submit information and reports for a variety ofpurposes, including insuring

### 48854 

### Federal Register/Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules

compliance with requirements. See 42 U.S.C. 6316(a).

B. 

### Background

1. General

The Department ofEnergy has an energy conservationprogram for

consumer products, and a few commercial products, conductedunder Part B ofTitle ill ofEPCA, 42 U.S.C. 6291-6309. UnderEPCA, this program essentially consists offour parts: test procedures, Federal energy conservation standards. labeling. and certification and enforcement procedures. The Federal Trade Commission (FTC) is responsible for labeling. and we implement the remainder ofthe
program as codified in Title 10 ofthe Code ofFederal Regulations. Part 430- Energy Conservation Program for ConsumerProducts.

Since 10 CFR Part 430 covers

consumer products, which differ from commercial and industrial products. we created a ne",.. Part 431 (10 CFR Part 431) in the Code ofFederal Regulations. entitled "Energy Conservation Program for Certain Commercial and Industrial Equipment." to implement ourprogram for most commercial and industrial products covered under EPCA. These will include commercial heating. air conditioning and waterheating products. This new program will consist of: test procedures. Federal energy conservation standards. labeling. and certification and enforcement procedures. EPCA directs us, ratherthan the FTC. to administer the statute's efficiency labeling provisions for commercial products.

On April 14 and 15. 1998. we convened a public workshop to solicit views and information from interested parties that would aid in the development ofrules for commercial heating. air conditioning and water heating products. We requested
comment on a number ofspecific issues. including issues related to test procedures. as described below. Statements during the public workshop and written comments that were received afterwards helped refine the issues and provided useful information contributing to theirresolution. We convened a second public workshop on October 18.1998.to obtain comments

on the issues as they had been refined. and on approaches presentedby the National Institute ofStandards and Technology (NIST) for resolving them. We received additional comments at the October 1998 workshop. 2. Issues ConcerningWater Heaters. Hot Water Supply Boilers and Unfired Hot Water Storage Tanks

During theApril 1998 workshop. we sought comments on the following issues regarding commercial water heaters. hot water supplyboilers. and unfired hot water storage tanks:

(1) Which ofthe recognized test procedures should we prescribe for testing commercial water heaters?

(2) What clarifications are needed concerningEPCA's coverage of commercial waterheating products?

(3) What shouldbe the nature and
content ofourtest procedure for unfired hot water storage tanks?

Attendees at the April 1998 workshop provided comments and input on these issues. Section II. Discussion, will cover them in more detail.

After the April 1998 workshop, we worked towards addressing the identified issues. A set of recommendations resulted from that work. and NIST developed a summary report ofthe recommendations. The summaryreport formed the basis for discussions during the October 1998 workshop. which enabled us to elicit further views and information from interested parties. The summaryreport included draft rule language for commercial water heaters. hot water supply boilers. and unfired hot water storage tanks. The additional comments received at the October 1998 workshop will be discussed below.

C. 

### The ProposedRule

Today's proposed rule incorporates (1) energy efficiency test procedures for commercial hot water heaters, including hot water supply boilers, and unfired hot water storage tanks, (2) definitions that clarify EPCA's coverage ofthese products, and (3) energy conservation standards prescribed by EPCA. In preparingtheseproposals, we have considered both oral andwritten comments, andhave incorporated recommendations where appropriate. Section II, Discussion, contains the

reasons for incorporating or not incorporating any significant recommendations.



### n. Discussion

A. 

### General

This section discusses the issues identified for commercial water heaters, hot water supplyboilers, and unfired hot water storage tanks. Subsection lIBaddresses the definitions and scope of coverage for commercial waterheaters and hot water supply boilers, subsection II-C addresses "Commercial Water Heaters-Test Procedures for the Measurement ofEnergy Efficiency," and subsection II-D addresses the efficiency requirements and test procedures for commercial unfiredhotwater storage tanks.



### B. Commercial WaterHeaters andHot Water SupplyBoilers-Definitionsand Coverage

1. Instantaneous Water Heaters

The EPCA definitions for commercial and consumer waterheaters neither explicitly address nor exclude instantaneous water heaters that are designed to raise the water temperature to 180 OF or higher, or have a storage volume oftwo gallons or more. See EPCA sections 321(27) and 340(12), 42 U.S.C. 6291(27) and 6311(12). However. EPCA provides. in effect. that an instantaneous waterheater wouldbe considered to be a commercial product ifit is not, to any significant extent. distributed for personal use or consumption by individuals, and if it is,
to any significant extent, distributed for industrial or commercial use. EPCA sections 321(1) and 340(1)-(2), 42 V.S.c. 6291(1) and 6311(1)-(2).

During both the April 1998 and October 1998 workshops. GAMA stated that instantaneous water heaters designed to heat water to temperatures of 180 OF orhigher are not designed or marketed for consumer/residential applications. regardless ofthe input ratings. (GAMA. April 1998 transcript.
at 67. and GAMA. October 1998 transcript. at 183-184.) Therefore, GAMA believes these products should be subject to the energy efficiency standards that apply to commercial
waterheaters. This would be consistent with the definition ofgas-fired instantaneous waterheaters contained in the DOE test procedure for consumer water heaters. Appendix Eto Subpart B of 10 CFR Part 430. which excludes
water heaters designed to deliver water at a controlledtemperature of 180 OF or higher. or that have storage volumes of
two gallons or more. Six manufacturers ofcommercial waterheaters were contacted regarding these products, and they confirmed that these are marketed and sold primarily for commercial applications. Although the manufacturers didnot provide exact numbers. they indicated that the size of the market for these products is relatively small. The product literature ofthree manufacturers ofproducts in this category (j.e., instantaneous water heaters having storage volumes greater than 2 gallons. capable ofdelivering
water at temperatures of 180 OF or higher) states that these are intended for

use as booster waterheaters for

### Federal Register/Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules 

### 48855

commercial applications, such as warewashing in restaurant kitchens.

Based on GAMA's statements. product literature and the definition of gas-fired instantaneous water heaters in DOE's test procedure for consumer waterheaters. see 55 FR 42161, 42164 (October 17. 1990), the Department

concurs that these products are generally distributed for commercial or industrial use, and rarely ifever for use by individual consumers. Therefore, underthe EPCA definition provisions summarized above-sections 321(1), and 340(1). (2) and (12)-such water heaters are subject to the applicable standards and test procedures set forth in sections 342(a)(5) and 343(a){4), respectively. for commercial water heaters. Today's proposed rule incorporates and implements these provisions ofEPCA. Consequently, although the proposed rule does not specifically mention instantaneous
water heaters designed to heatwater to temperatures of 180 OF orhigher. or having a storage volume oftwo gallons

or more. we intend. and the proposed rule clearly contemplates. that they would be subject to the energy efficiency &tandards and test procedures for commercial products established by EPCA.

2. Hot Water SupplyBoilers

One ofthe issues this rulemaking is addressing is the application ofEPCA energy effiCiency standards and test procedures to hot water supply boilers. because suchboilers perform functions that are also typically performedby
water heaters. In the following discussion we present somebackground

on the nature ofthese and related products. on how they were addressed by ASHRAE Standard 90.1-1989 before and after the publication ofAddendum

n to Standard 90.1-1989 ("Addendum n"). and on how we propose to treat them underEPCA.

a. 

### Types ofwaterheatingproducts: The following sets forth our understanding ofthe facts relevant to the proposalsbelow for rating and testing commercial hot water supply boilers.

The term "boiler" normally applies to

a self-contained appliance for supplying
steam or hot water. A "boiler" generally neitherhas a storage tank norheats the
water within the appliance unless there is a demand for hot water, 

### i.e., it does
not use itsenergy source to maintain the temperature ofthe waterwithinthe appliance when there is no demand. There are many types ofboilers and they can be categorized according to a variety ofcharacteristics including: Application. fuel-type, operating temperature and pressure. heat exchanger material and configuration. burners. and input ratings. However. within thebuilding industry. boilers are typically categorized according to two fundamental applications: space and service water heating. 

### Hydronic boilers usually supply water within a closed system that provides space heating. Theytypically employ a maximum temperature limit ofabout 250 OF. and

a maximum pressure of30to 60 psig. 

### Hot watersupplyboilersusually provide potable water to be used external to the waterheating system. 

### i.e., they provide service water heating. Theseboilers are typically limited to providinghot water (and no steam) at temperatures up to 210 OF, andto operate at pressures not to exceed 160 psig. In addition. boilers used to provide service hot water employ heat exchangers made ofmaterials that will
not affect water potability 

### (e.g., by rusting). whereas hydronic boilers can

use water treatment that renders the
water unpotable to prevent deterioration 

### (e.g., rusting) ofthe heat exchanger components.

A "water heater". onthe otherhand. is generally a self-contained appliance for heating water that is withdrawn for

use external to the water heating system. for purposes other than space heating or process requirements. Water heaters are typically designed to operate at pressures not in excess of 160 psig. and temperatures that do not exceed 210 OF. The materials that come in contact with the service hot water providedby water heaters must not render the water unpotable. and musttherefore be corrosion resistant.

There are several means ofclassifying
waterheaters. Within this rulemaking,

we deal with twobasic categories of
waterheaters: 

### storoge waterheaters and 

### instantaneous waterheaters. Storage
waterheaters have storage tanks that are integrated withthe energy source and maintainthe stored water temperature based on thermostatic control. Instantaneous water heaters typically lack integral storage tanks. They usually heat water only when there is a demand for the water 

### (i.e., water is being withdrawn from the system). and the temperature ofthe water within the appliance is not maintained when there is no demand. Instantaneous water heaters are also identified as having an input-to-volume ratio greater than 4.000 Btulh per gallon ofstored water. where input is the rate ofheat input ofthe energy source.

Itis our understanding that. notwithstanding the features theyhave in common with instantaneous water heaters, commercial hot water supply boilers are constructed in accordance with boiler specifications and are still considered to be "boilers." Physically.
many similarities exist between hot
water supply and hydronic boilers. with the main differences being the temperature limiting controls and
pressure or pressure/temperaturerelief valves with which they are typically equipped. We understand that these distinctions are not always evident when a product is manufactured. 

### i.e., a boiler might not be outfitted with these features until a distributor is filling a specific order for one product or the other. In other words. some manufacturers provide the same boiler
to be used either as a hydronicboiler or

a hot water supply boiler. Other manufacturers sell essentially the same boiler. but with different temperature controls and pressure reliefvalves already installed. inboth hot water supply and hydronicboiler models. And finally. other manufacturers provide only hot water supplyboilers or onlyhydronic boilers.

We understand that boiler manufacturers generally test and rate their products based on the uses for which they sell them. For example. manufacturers that market the same or similarboilers as bothhot water supply boilers and hydronic boilers test and
rate them as both. Manufacturers that provide only one type ofproduct only
test and rate as that type ofproduct.

b. 

### Standards and testprocedures in EPCA andASHRAEStandard 90.1: EPCA covers commercial packaged boilers and defines a packaged boiler as "a boiler that is shipped complete with heating equipment, mechanical draft equipment. and automatic controls; usually shipped in one ormore sections." 42 U.S.C. 6311(11)(B). Hot
water supplyboilers meet this statutory definition and are therefore coveredby EPCA.

The minimum energy efficiency standards prescribed in section 342(a)(4) ofEPCA for commercial packaged boilers are shown inTable 1.

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### Federal Register/Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules

TABLE 1.-ENERGY EFFICIENCY STANDARDS FOR PACKAGED BOILERS FROM EPCA AND ASHRAE STANDARD 1989 (PRE
AND POST ADDENDUM N).
Equipment Size or input rating Energy effiCiency standard
Packaged Boiler (gas-fired)

............................... 300,000 Btu/h or more

..................................... 80% minimum combustion efficiency. Packaged Boiler (oil-fired)

................................. 300,000 Btulh or more

..................................... 83% minimum combustion efficiency.

EPCA also requires uniform test procedures for detenniningthe efficiency ofcommercial packaged boilers. BaSically, section 343(a)(4) provides that the test procedures shall be those referenced inASHRAE Standard 90.1 and ineffect on June 30, 1992, and maybe amended 

### ifASHRAE Standard 90.1 is amended. These test procedure provisions. as well as specific efficiency standards. also apply to commercial waterheaters.

NeitherEPCA norASHRAE Standard 90.1-1989 (as in effect on June 30. 1992) explicitly addressed the category ofhot
water supply boilers. However. an ASHRAE Interpretation (Interpretation IC 90.1-1989-18; June 26. 1995) providedthat bot water supply boilers

were to be considered packaged boilers underASHRAE Standard 90.1-1989. Thus. one or more ofthe five packaged boiler test procedures referenced in ASHRAE Standard 90.1-1989 applied to hot water supply boilers. both under ASHRAE Standard 90.1 andEPCA. and under ASHRAE Standard 90.1 the efficiency standards for boilers applied

. to this product. This was consistent with EPCA in that the statute's energy efficiency standards for packaged boilers. listedin Table 1. were the same

as those in Standard 90.1 and applied to hot water supply boilers.

In 1997. ASHRAE amended Standard 90.1-1989 by adopting Addendum n. The foreword to ASHRAE Standard 90.1-1989 contains the following
statement: "Addendum 90.1-1997 provides more equitable treatment for service waterheating equipmentby requiring hot water supply boilers to meet the same requirements as water heaters." The Addendum also added definitions for waterheaters. hot water supply boilers andboilers. which previously were not defined in Standard 90.1. Table 11.1 and section 11.4.2 of Standard 90.1. as revised in Addendum

n. state that gas and oil-fired hot water supplyboilers with input ratings between 300.000 and 12.500.000 Btuth, "andused solely for heating potable water," must meet the energy efficiency requirements presented in Table 2 and be tested according to ANSI Standard Z21.10.3-1993. The Department understands thatAddendum n became effective on January 28. 1998. the date ANSI approved it.

TABLE 2.-ENERGY EFFICIENCY STANDARDS FOR HOT WATER SUPPLY BOILERS FROM ADDENDUM N OF ASHRAE STANDARD 90.1-1989.
Equipment Input Volume Energy efficiency standard

Hot water supply boiler (gas**~300,OOO** Btuth and S12,500,OOO Btulh under 10 gallons

................ 80% minimum thermal efficiency.

and oil-fired). and InputlVolume**~4,OOO** Btuth per gallon.

. . 10 gallons or more

............ 77% minimum thermal efficiency;

The requirements presented in Table 2 are the same as those prescribed for commercial instantaneous waterheaters with the same ranges ofstorage volumes. and ANSI Z21.10.3-1993 is a testing standard for commercial water heaters.

c. 

### Theproposedruleforhot water supplyboilers: EPCA provisions require the Departmentto adopt amendments to the ASHRAE Standard 90.1 energy efficiency standards and test procedures for commercial products such as packagedboilers. except in certain circumstances. Addendum n amended ASHRAE Standard 90.1-1989 with respect to hot water supplyboilers (a type ofpackagedboiler). and the EPCA provisions applytothese amendments. We are proposing inthis rulemaking to adopt these amendments. with limited modifications necessary to adapt them for use underEPCA.

We propose to define a "hot water supply boiler" in terms ofthe intrinsic characteristics ofsuch a boiler. as well as the way the manufacturer markets this product for use as a hotwater supplyboiler. Such hot water supply boilers would have to meet energy effiCiency requirements set forth in ASHRAE Standard 90.1 for water heaters. Further. theDepartment proposes that ifa boiler is manufactured
tobe used as both a hot water supply boiler and a hydronic heatingboiler. then it wouldhave to meet the energy efficiency standards for. and be tested

as. bothtypes ofproducts. In large part because we believe manufacturers are already following the provisions of Addendum n, these proposals would become effective 30 days after the final rule is promulgated. We also continue to consider other approaches.



### i. 

### Product definition. ASHRAE Standard 90.1-1989. as amendedby Addendum n. prescribes requirements for a hot water supplyboiler according
to the 

### actual use ofthe appliance. Section 3.4 ofASHRAE Standard 90.1- 1989 defines "hot water supplyboiler" (2.3+67tmeasured storage volume) maximum standby loss.

as "aboilerused to heat water for
purposes otherthan space heating." Section 11.4.2 further provides that the efficiency requirements applicable to water heaters shall apply to "[hlot water supplyboilers with inputs from 300.000 Btuth to 12.500,000 Btuth and used solely for heating potable water." These provisions remain unchanged in the recently adoptedASHRAE Standard 90.1-1999. Thus. under Standard 90.1. the actual use ofa boiler is a significant element in determining whether it must satisfy the requirements for water heaters or for boilers.

EPCA requirements. however. apply
to products as 

### manufactured. EPCA defines "packaged boiler." for example.

as a boiler with certain specified characteristics. and prescribes efficiency standards and test procedures that apply
to "each 

### * * * packaged boiler manufactured" after a specified date. 42 U.S.C. 6313(a)(4) and 6314(a)(4)(A). A manufacturer can identify and comply with the requirements that apply to a

### Federal Register

### IVol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules 

### 48857

"packaged boiler" it manufactures, and other parties can monitorthe manufacturer's compliance. IfDOE were to adopt the above-quoted language of Sections 3.4 and 11.4.2 ofStandard 90.1, however, the applicable requirements under EPCA for hot water supplyboilers would depend ona product's actual use: the standards and
test procedures for packaged boilers would applyto a boilerused as a hydronicboiler, whereas the water heaterrequirements would apply to a boilerused as a hot water supplyboiler. For manufacturers that do not know how their productwill be used, the applicable requirements wouldbe unknown, or at best uncertain, at the point ofmanufacture. This wouldbe untenable for manufacturers and for monitoring compliance. In addition, adoption ofthe "use" criterion would
appear to create uncertainty as to the applicable requirements even for boilers with features that identify them as hydronic orhot water supply boilers.

As discussed, a manufacturer of boilers lacking such features often 

### manufacturesproducts with the intent that they will be usedfor hydronic heating and/or service water heating. Although the manufacturers may not foresee the actual end uses oftheir products, we understand that they normally provide information as to the intended use ofthe products in one or

more ofthe following: product literature, product markings. product marketing. and product installation and operating instructions. This is consistentwith Sections 10.3 and 11.3 ofASHRAE Standard 90.1-1989. which require that when hydronic heating and service waterheating equipment is supplied. information must be included
to enable the determination of compliance withthe applicable energy efficiency requirements ofASHRAE Standard 90.1.

Based on the above discussion. we are proposing. for purposes ofEPCA. to define a hot water supplyboiler as follows:

A packaged boiler that (a) has an input rating from 300.000 Btulh to 12.500,00 Btu! h and ofat least 4.000 BtuIh per gallon of stored water, (h) is suitable for heating potable water. and (e) meets either orboth of the following conditions: (1) It has temperature and pressurecontrols necessary for heating potable water for purposes other than space heating. or (2) the manufacturer's product literature. product markings. product marketing, or product installation and operation instructions indicate that the boiler's intended uses include heating potable water for purposes otherthan space heating. Finally. ifa productmeets the above definition ofhot water supply boiler. and is also manufactured to provide space heating. then it must also meet the requirements established underEPCA for commercial packaged boilers andbe tested accordingly. Standards andtest procedures for commercial packaged boilers manufactured to beused for hydronic heating purposes are being addressed within a separaterulemaking for those products.

In summary. we are proposing to adopt verbatim virtually all ofthe criteria in ASHRAE Standard 90.1 that define and delineate the hot water supply boilers to whichefficiency requirements for waterheaters will apply. But in lieu ofthe language concerning the actual use ofthe product. which DOE believes is not suitable for adoption underEPCA. we propose to adopt provisions that define

a hot water supply boiler in terms of physical features that are a necessary part ofthe product. and ofhow the manufacturer intends that the product be used. We believe that our proposed definition implements the intent of Addendum n. which is to apply requirements for commercial water heaters to boilers thatprovide service
waterheating.



### ii. Energy efficiencystandards. We are directed underEPCA Section 342(a)(6)(A) to establish an amended uniform national energy efficiency standard for each covered commercial product at the level specified in the amended ASHRAE Standard 90.1. unless the Secretary determines. by rule published in the Federal Register and supported by clear and convincing evidence. that adoption ofa more stringent standard for such product wouldresult in significant additional conservation ofenergy and is technologically feasible and economicallyjustified. Addendum n amendedASHRAE Standard 90.1 by providing. in part. that hot water supply boilers must meet the same efficiency standards that apply tocommercial instantaneous waterheaters. We intend
to adoptthat amendment inthis rulemaking. Hence. today's proposed rule providesthat any products that are hot water supply boilers, as defined in this notice. are to meet therequirements established for such products in Table 11.1 ofASHRAE Standard 90.1-1989 as amendedby Addendum n. Therelevant portions ofTable 11.1 are presented in Table 2 ofthis preamble. We are not proposing a more stringent standard at this time. However. an upcoming rulemaking will address this issue due
tothe recent publication ofASHRAE Standard 90.1-1999. whichmodifies Standard 90.1's energy efficiency standards for commercial waterheating products.

iii. 

### Testprocedures. As indicated in EPCA Section 343(a)(4)(A). thetest procedures to be used to determine energy efficiency mustbe those preSCribed byASHRAE Standard 90.1- 1989 as in effect onJune 30. 1992. Section 343(a)(4)(B) ofEPCA further
states that ifsuch industry test procedures are amended. then the Secretary shall amendthe DOE test procedure as necessary to be consistent with the amended industry test procedure unless the Secretary determines. by rule. published in the Federal Register and supported by clear andconvincing evidence. that to do so would not meet the requirements for
test procedUres described in sections 343(a)(2) and (3). These latter sections basically state that the test procedure
must be reasonably designed to produce
test results that reflect the energy efficiency ofthe product. and not be undulyburdensome to conduct. Addendum n's amendments to ASHRAE Standard 90.1 include a requirement that hot water supply boilers use the test procedure that ANSI Standard Z21.10.3-1993 specifies for water heaters. As mentionedbelow in section II.C.l. ofthis document. this test procedure was amended in 1998. At the October 1998 workshop. stakeholders indicated that this amended test procedure is accepted by industry as being reasonably designed and not overly burdensome to conduct for hot
water supply boilers (BR Laboratories. October 1998 transcript, at 143-149). As reflected in today's proposed rule. we intendto require that commercial hot
water supply boilers betested according
to ANSI Z21.10.3-1998. and to incorporate relevant provisionsby reference into DOE regulations. We do
not intend to determine that ANSI Z21.10.3-1998 is either unduly burdensometo conduct or not reasonably designed to produce results that reflect the energy efficiency ofsuch boilers.



### iv. Effective date. EPCA does not address specifically when the Department's adoption ofan amendment to a test procedure in ASHRAE/IES Standard 90.1 can become effective. Section 342(a)(6)(C) ofEPCA. however. provides that our adoption of

an efficiency standard contained in an amendment to Standard 90.1, for packagedboilers or instantaneous water heaters. shallbecome effective two years
or more after the effective date ofsuch amendment for purposes ofStandard 90.1. Thus. because Addendum n became effective as an amendmentto

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### Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules

Standard 90.1 onJanuary 28, 1998, January 28, 2000 is the earliest date DOE could have made Addendum n's efficiency standards effective as a Federal requirement.

The Departmentunderstands that manJ.facturers currently are, and for

some time havebeen, observing Addendum n'stest procedures and efficiency standards for hotwater supplyboilers. Imposing them immediately as Federal requirements, therefore, should not create any burdens

or alterthe status quo for manufacturers. Consequently, theDepartment intends
to make its adoption ofthe above described provisions for hot water supplyboilers effective 30 days after publication ofthe final rule. Today's proposedrule also providesthat, for the
mostpart, hotwater supplyboilers manufactured priorto such effective date, and subsequent to the date Addendum n became effective as a provision ofStandard 90.1, couldmeet eitherthe requirements ofAddendum n

orthe applicable requirements for packaged boilers underEPCA, andthat
any products manufactured priorto Addendum n'sbecoming effective must meet the latterrequirements.

d. 

### AlternativeProposals: In addition
tothe proposals set forth intoday's notice, we are considering other possible approaches in applying energy efficiency standards and test procedures
to hot water supplyboilers. This is because we are concerned about whetherbasing efficiency requirements

on product marketing could create too much uncertainty as to which requirements apply. or could cause manufacturers to alter theirmarketing strategies to fit their products into one category or another.

Therefore, we continue to consider adoption ofthe following alternative approaches for rating and testing hot
water supply boilers under EPCA, in lieu ofthe approach outlined above:

(1) Any packaged boilerthat is capable ofproviding potable watermust meet the energy effiCiency standards for, and be tested as, both a hydronicboiler and a hot water supplyboiler!water heater.

(2) Any hotwater supplyboilermust meet the ehergy efficiency standards for, and be tested only as, a packagedboiler.

(3) Any packaged boilerthat is capable ofproviding potable water must meet theenergy efficiency standards for, and be tested as, a hot water supply boiler.

We seekcomments regarding both the proposal in this notice and these three alternative approaches. 3. Heat PumpWater Heaters
The October 1998 workshop generatedboth oral andwritten
comments with respect to the application ofEPACf energy efficiency
test procedures to commercial heat
pump waterheaters. Workshop

. participants commentedthat a varIety of heat pumpwaterheaters sold inthe market exceed the size threshold tobe considered consumerproducts under the NAECA amendment to EPCA, and
appear to fall withinthe scope ofthe EPACf amendmentto EPCA. Inwritten comments, the American Gas Association advocated that "commercial heatpump water heaters should be covered byDOE test procedures * 

### * * based onthe commercial availability and extensive commercial and utility promotion ofthis technology." LaClede Gas Company ofSt. Louis, Missouri expressed the same opinion. (Written
comments number 11 and 12, Public Workshop, October 13, 1998)

.

American National Standard InstItute (ANSI) standard Z21.10.3 is the test procedure presently referenced in ASHRAEIIES Standard 90.1-1989 for testing commercial waterheaters. Heat pump waterheaters are not withinthe
scope ofthis standard, nor can the procedure be readily adapted to

measure their performance. Furthermore, the existing DOE residential water heater test procedure is not suitable for commercial heat
pump waterheaters for the following

reasons:

• Thewater draw rates are not representative ofcommercial applications.

• The small tank sizes used intesting

are not representative ofcommercial installations. and the disparity could adversely affect test results oflarge heat
pump water heaters.

• Water temperatures are higher, and ambient air temperatures are lowerthan those typically found in commercial applications.

Therefore, we do not considereither the existing ANSI Z21.10.3 standard or

ourresidential waterheatertest procedure to be reasonably designed to produce results whichrefl.ect energy efficiency ofthe commercialproductas required underEPCA Section 343(a)(2).

ASHRAE is currently developing a

new Standard ASHRAE 118.1-1993R, Method ofTesting for Rating Commercial Service Water Heating Equipment, which is currently undergoing public review. Its current draft covers commercial heat pump waterheaters explicitly. The ASHRAE development process is expected to lead
to an approved standard that would be referenced inrevised versions of ASHRAE Standard 90.1.

Since a new test procedure would need to be developed for commercial heat pump waterheaters, andbecause ASHRAE has already made progress in developing one, the Department is postponing action withinthe current rulemaking to consider a testprocedure for these products. The Department anticipates considering such a test procedure after ASHRAE develops! publishes it.

4. Waste Heat Recovery Water Heaters

According to the 

### Commercial Water Heating ApplicationsHandbook (EPRl TR-I00212 December 1992) published by the Electric PowerResearch Institute (EPRl), waste heat recovery water heaters use simple heat exchangers to

recover useful heat, from fluid streams leaving commercial facilities. The**~eat** that is recovered by these systems IS often that which would have otherwise been lost to the environment. Often a heat recovery water heater is used to preheat incoming cold service**~·,ater** before it is heated by a**convenb'~lil** water heater. Oneworkshop 

### r ipant pointed outthat these device ld
not be confused with heat eXl ,gers used to heatwater via a dedicated heat

source such as a hot water supply boiler thatprovides a stream ofhot fluid for indirectly heating the servicf' 'ater within the heat exchanger. ( 'p,de Gas Company, October 1998 Lc :, at 187-191.) In this case boll 'lit

source (the boiler) and thf' t contains the heat exchan r De covered underEPCA. So '3at recovery systems emplo:**~at** are cons; :**~red** EF'CA-cm**~cts.** For exan le, a het water 

### '1.k might cOIltam a h,3at excl;**·l,~.** supplemental electric res'

.heating elements used as a backu 'Lil the heat recovery capabilities 1- heat exchanger are**temporaril~** .naoequate.

EPCA does not provide energy conservation standards or test procedures for waste heat recovery water heaters. Therefore, we do not address theseproducts within today's proposed rule. However, the fact that an EPCA-covered product is used as part of

a wasteheatrecovery system does not excludethe product from coverage.


### C. 

### Commercial WaterHeaters-Test Proceduresfor theMeasurement of EnergyEfficiency

1. Gas-Fired Water Heaters

As quoted above. EPCA states that "thetest procedures shall be those generally accepted industrytesting procedures or rating procedures

### Federal Register/Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules 48859

developed orrecognized bythe Airconditioning and Refrigeration Institute

orby [ASHRAEJ. as referenced in ASHRAE/lES Standard 90.1 and in effect on June 30. 1992." EPCA section 343(a)(4)(A). 42 U.S.C. 6314(a)(4)(A). EPCA also provides that ifsuch industry
test procedure is amended. the Secretary
must adoptthe amended procedure unless the Secretary determines. in

essence. that the amended procedure is undulyburdensome to conduct or is not reasonably designed to produce results which reflect the energy efficiency of theproduct. EPCA section 343(a)(4)(B). 42 U.S.C. 6314(a)(4)(B).

ASHRAEIIES Standard 90.1-1989 with Addendum b was in effect onJune 30.1992 and the referenced test procedure for commercial water heaters

was ANSI Z21.10.3-1990. Since then. ANSI Z21.10.3 has been amended several times. Table 3 lists the amendments. their dates. and a brief
summary ofchanges to the portions related to energy efficiency test procedures.

TABLE 3.-LlsT OF AMENDMENTS TO ANSI Z21.10.3

Document version ANSI approval date Summary of changes to efficiency test portions

ANSI Z21.10.3a-1990

..................... 4 October 1990.............................. Correction to equation for standby loss. ANSI Z21.10.3b-1992

..................... 27 January 1992

............................ None. ANSI Z21.10.3-1993

....................... 8 April 1993

................................... None. ANSI Z21.10.3a-1994

..................... 14 February 1994

.......................... None. ANSI Z21.10.3b-1994

..................... 5 December 1994

.......................... None. ANSI Z21.10.3c-1996

..................... 29 March 1996

.............................. None. ANSI Z21.10.3-1998

....................... 19 March 1998

.............................. -Specifies accuracy of measurement devices.

Some ofthe discussion at the October 13,1998 workshop related to whether

we should adopt the latest version of this test procedure. The stakeholders at the workshop agreed that the test for thermal efficiency contained in the 1998 version ofANSI Z21.10.3 has not changed from previous versions. However. as some stakeholders acknowledged, the standby loss portion ofthis test procedure, which has been slightly modified from the previous version, couldyield slightly different results and thus affect compliance with standby loss requirements. In versions ofANSI Z21.10.3 priorto the 1998 version. the standby loss test procedure called for the waterheater to undergo

one cutout period priorto the initiation ofdata collection, and the standby test loss duration was at least 48 hours from the initiation ofdata collection. Thetest terminated at the end of48 hours unless the water heater was inthe heating mode at that tima. in which case the test continued until the thermostat actedto reduceilie gas supplyto a minimum. The 1998 version ofthe test procedure calls for the waterheater to undergo two cutout periods priorto the initiation of data collection, and the standby loss test continues until the first cutout that

occurs after 24 hours from thetime that data collection is initiated. Two workshop participants with experience in the field oftesting these appliances, Bodh Subherwal ofB.R. Laboratories, Inc. and Mark Taylor ofBradford-White Corporation, commented that this is not likely to have a significant effect on results. While no data has yet been provided in support ofthese comments. there is also no data to contradictthem. -Requires two full cutout periods prior to initiation of standby loss measurement period. -Changes the requirements for the duration of the standby loss test.

(Various participants, October 1998 transcript, at 138-149.)

The Department recognizes the differences between the 1998 and 1990 versions ofthe ANSI test procedure. However, we are aware ofno evidence which would establish that the newer version would significantly alter the standby loss measurements.

In accordance with EPCA section 343(a)(4)(B). the Department intends to adopt, through incorporationby reference, those portions ofthe ANSI Z21.10.3-1998 that address thermal effiCiency and standby loss testing. Specifically, we intend to adopt the subsections labeled "Method ofTest" in sections 2.9 and 2.10, as well as sections 2.1.7,2.3.3,2.3.4, and 2.30 and Figure 3. The Department does not intend to determine that the 1998 version ofANSI Z21.10.3 is either undulyburdensome
toconduct or not reasonably designed to produce results that reflect the energy efficiency ofcommercial waterheaters.

2. Oil-Fired Water Heaters

ANSI Z21.10.3-1998 does not directly address the testing ofoil-fired water heaters. However, footnote e to Table 11.1 ofASHRAE/IES Standard 90.1- 1989 Addendum n provides a means to adapt the ANSI Z21.10.3 test procedure for testing ofoil-fired water heaters. The Department intends to incorporatethese

same adaptations for the purpose of testing commercial oil-fired water heaters.

3. ElectricWater Heaters

ANSI Z21.10.3-1998 does not directly address the testing ofelectric water heaters. However, as in the case ofoilfired water heaters, footnote e to Table 11.1 ofASHRAE/JES Standard 90.1- 1989 Addendum n provides a means to adapt the ANSI Z21.10.3 test procedure for testing ofelectric waterheaters. The Department intends to incorporate these

same adaptations for the purpose of testing commercial electric water heaters. Also. today's proposed test procedure will provide additional instructions related to the adjustment of multiple thermostats for those electric
waterheaters thatutilize them.



### D. Commercial Unfired Hot Water Storage Tanks

1. Exemption From and Application of Maximum Heat Loss Requirement

EPCA Sections 342(a)(5)(F) and 342(a)(5)(G) provide that the maximum heat loss ofan unfired hot water storage tank must be 6.5 Btu perhourper square foot (Btu/h-ft2) of

### tank surface

area. unless the tankhas more than 140 gallons ofstorage capacity and its surface area is thermally insulated to R12.5.

Webelieve the latter criterion does
not contemplate that the tankbe insulatedto an "effective R-value" ofR12.5. Heat losses occur both through the actual surface area ofa tank (the surface that has notbeen eliminated by pipe penetrations and tank supports) and through the areas that have such penetrations and supports. The latter

areas cannotbe insulated. An "effective R-value" ofR-12.5 would mean that the product as a whole would have to be insulated to R-12.5. and as a practical
matter. that the insulation ofthe actual surface area would have to be greater thanR-12.5. Such a requirement would
appearto be at odds with the language

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### Wednesday, August 9, 2000/Proposed Rules

ofthe statute, and a statement at the April 1998 workshop that such a requirement was not intended went uncontested. The Departmenthas therefore tentatively concludedthat onlythe actual surface area ofa tank larger than 140gallons must be covered by R-12.5 insulation in order for the tank to be exempt from the requirement
to have a maximum heat loss of6.5 Btu/ h-fF oftank surface area.

As indicated, this heat loss requirement applies to all storage tanks having capacities of 140 gallons or less. It was suggested atthe October 1998 workshop that, sinceR-12.5 insulation isroughly equivalentto a heat loss of 6.5 Btu/h-fF, for these storage tanks the Department's regulations could permit

use ofsuch insulation as an alternative
totesting for heat 10ss.1 (BR Laboratories, October 1998 transcript, at 156-158.) Because only the actual surface area ofa tank is insulated, such

an approach wouldbe problematic. On the one hand. it could implythat the heat loss requirement applies onlyto losses from the actual surface area. Section 342(a)(5)(F) ofEPCA appears to provide. however. that losses from the entire tank shall be 6.5 Btu/h-ft2 of surface area. In other words. all losses,
not just losses from the insulated portion ofthe surface area. mustbe divided by the tank surface area. On the otherhand, to allow R-12.5 insulation in lieu ofheat loss testing would in effect decrease the efficiency requirement for 

### tanks smallerthan 140 gallons, by allowing a heat loss ofmore than 6.5 Btulh-ft2 ofsurface area. This is becausethe heat losses from areas with pipe penetrations and supports. which are not insulated. would necessarily result in a heat loss per square foot ofactual surface area. and

even of "nominal surface area" (the actual surface area plus the surface area that would exist absent the penetrations and supports). in excess of6.5 Btulh. But EPCA does not authorize the Department to lower efficiency levels prescribedby the statute and. in any event. theDepartment does not seek in this rulemaking to alterthe level EPCA prescribes for unfired storage tanks. Finally, under suchan approach, the efficiency requirements for tanks

1We assume for purposes ofthis discussion that.
at a temperature difference of80°F. an insulation level ofR-12.5 is equivalent to a heat loss rate of 6.5 Btulh-ft· ofcovered surface. We note that ideally. however. for a flat surface insulatedto R12.5 h·oF·ft2!Btu having a temperature difference

across it of80 OF. theheat loss wouldbe approximately 6.4 Btulh-ft·. For the walls ofa cylinder. theheat loss would vary depending on the radius ofthe cylinder and would likely be greater than 6.5 Btulh-ft2 unless the cylinder was quite large-e.bout 16 feet in diameter. smallerthan 140 gallons wouldbe virtually identical to those for the larger tanks. EPCA specifies different requirements. however, for hot water storage tanks and storage water heaters inthese two categories. in effect requiring the smallerproducts to be

more efficient.

Consequently, theproposed rule provides that unfired hot water storage 

### tanks having capacities of 140 gallons or less mustbe tested for heat loss. Moreover, the proposed test procedure takes the approach that all losses must be included in determining the heat loss
per square foot ofsurface area. The proposed test procedure also requires calculation ofthe heat loss per square foot oftank surface area that would exist ifthe tankhad no pipe penetrations or supports, 

### i.e. ofthe "nominal surface area." As presented previously, the nominal surface area is used here, because it includes the entire area ofthe tank through which heat loss can occur. The Departmentbelieves that this approach is consistent with section 342(a)(5)(F) ofEPCA.

2. Unfired Hot Water Storage Tank Test Procedure

As indicated above, EPCA specifies in

essence that the test procedures for the products covered by this notice shall be those referenced inASHRAE/IES Standard 90.1. But since Standard 90.1 references no testprocedure for unfired hot water storage tanks, none is prescribed in EPCA.

At the October 1998 workshop, two methods were presented for determining the heat loss ofunfired hot water storage tanks. The first method involves performing the standby loss test procedure on an electric storage water heater utilizing an identical tank with identical insulation andjacketing as that oftheunfired storage tank model, and performing the necessary calculations to determine heat loss per square foot of tank surface area. The second method utilizes a separate waterheater connected to the unfired storage tankto charge the storage tankbefore and after

a standby loss test period. Stakeholders present at the October 1998 workshop responded thatthey favored the first method, and thatthe second method

was unnecessary.

We agree with the comments from the October 1998 workshop attendees, and

are proposingthe first method as the DOE test procedure for determining the
rate ofheat loss per square foot oftank surface area ofunfired hot water storage tanks. We understandthat typically a manufacturer will sell a tank as an unfired storage tank. and also use the

same tank as part ofan electric water heater. Therefore, it makes sense to require the tank to be tested as part of

a waterheater. Indeed, it appears that the same test used to rate the standby loss ofthe water heater couldbe used
torate the heat loss ofthe unfired storage tank. Thus. the proposedrule provides that the method oftesting an unfired storage tank would be to test an electric storage water heaterutilizing electricresistance heating as the energy source, using the standby loss test procedure ofANSI Z21.10.3-1998.



## m. Procedural Requirements

A. 

### Review Under the National EnvironmentalPolicyActof1969

EPCA prescribes energy efficiency standards and test procedures for commercial products, andwe propose to implement these requirements for commercial waterheaters, hot water supplyboilers. and unfired hot water storage tanks. We have reviewed the proposedrule under the National Environmental Policy Act of 1969 (NEPA), 42 U.S.c. 4321 

### et seq., the regulations ofthe Council on Environmental Quality, 40 CFR parts 1500-1508, ourregulations for compliance withNEPA. 10 CFR Part 1021, and the Secretarial Policy on the National Environmental Policy Act Uune 1994). Implementation ofthe proposed rule would not result in environmental impacts. We have therefore determinedthatthe proposed rule is covered underthe Categorical Exclusion found at paragraph A6 of appendix A to subpart D ofthe Department's regulations. which applies
to rulemakings that are strictly procedural. Accordingly, neither an environmental assessment nor an environmental impact statement is required.



### B. Review UnderExecutive Order 12866, "RegulatoryPlanning andReview"

We have determined that today's proposed rule is not a "significant regulatory action," as defined in section 3(f) ofExecutive Order 12866, "Regulatory Planning and Review." 58 FR 51735 (October 4,1993). Accordingly, this action is not subject to review underthe Executive Orderby the Office ofInformation and Regulatory Affairs in the Office ofManagement and Budget (OMB).



### C. 

### Review Under the Regulatory FlexibilityAct

TheRegulatory Flexibility Act of 1980,5 U.S.C. 603, requires the preparation ofan initial regulatory flexibility analysis for every rule which. by law, an agency must propose for

### Federal 

### Register/Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules 48861

public comment, unless it certifies that the rule. ifpromulgated. will not have

a significant economic impact on a substantial numberofsmall entities. A regulatory flexibility analysis examines the impact ofthe rule on small entities and considers alternative ways of reducing negative impacts.

The Small Business Administration considers an entity to be a small business if. together with its affiliates. it employs fewer than a threshold number ofworkers specified in 13 CFR Part 121. The threshold number for SIC classification 3589. which includes commercial waterheaters. hotwater supply boilers, and unfired hot water storage tanks. along with other service industry machinery not elsewhere classified. is 500. We estimate that approximately 25 firms manufacture
waterheaters. hot water supplyboilers, and unfired hot water storage tanks. and the majority ofthese are small businesses. The number ofsmall businesses that manufacture commercial-sized equipment coveredby the EPACT standards could be smaller.

EPCA establishes efficiency standards for covered commercial products and requires us to prescribe test procedures that are accepted by industry and referenced inASHRAE Standard 90.1. As EPCA specifies the standards and virtually all ofthe test procedures incorporated intoday's proposed rule, the costs ofcomplying with them are imposed by EPCA and not the rule. Moreover. today's proposedrule simply codifies testing procedures that are already generally employed by manufacturers, both large and small.

The cost ofmeeting the requirements ofthe rule as proposedwill depend on the number ofbasic models a manufacturer produces and the number ofthese models that do not comply with the efficiency standards imposedby EPCA and would consequently need to be redesigned or removed from the market. Since most ofthe efficiency standards have been in force by statute since 1994, we expectthat a negligible number ofproducts presently manufactured wouldneed to be redesigned or discontinued. The cost of performing the proposed test procedures depends on unit size, but could amount to several thousands ofdollars perbasic model. Those manufacturers who already test their products for efficiency
to assure that they meet the existing statutory efficiency standards, or for any otherreason, will not incurnew costs in complying withtoday's proposed rule. We believe that any significant economic impact will fall only on companies which do not now routinely
test their products. We further believe thattesting is a widely accepted practice, and that companies that do not test are rare and do notrepresent a substantial number ofsmall entities.

We have no discretion to apply different requirements to small manufacturers. EPCA mandates uniform standards and test procedures for commercial and industrial products, irrespective ofthe size ofa business. In this regard, it is noteworthy that although EPCA contains a "small manufacturer exemption" for consumer products (42 U.S.C. 6295 (t)), it includes

no such exemption for commercial and industrial products.

Based on the above. we certify that this proposed rule would not impose a significant impact on a substantial number ofsmall businesses.



### D. Review UnderExecutive Order 13132, "Federalism"

Executive Order 13132 (64 FR 43255. August 4.1999) imposes certain requirements on agencies formulating and implementingpolicies or regulations that have federalism implications. Agencies are required to examinethe constitutional and statutory authority supporting any action that would limit the policymaking discretion ofthe States and carefully assess the necessity for such actions. Agencies
must have an accountable process to

ensure meaningful and timely inputby
state and local officials in the development ofregulatory policies that have federalism implications. DOE published its intergovernmental consultation policy on March 14. 2000 (65 FR 13735). The proposed rule published today would not regulate the States. Itwould primarily codify energy efficiency standards and test procedures already establishedbyEPCA for commercial water heaters. hotwater supply boilers. and unfired hot water storage tanks. We have determined that today's proposed rule would not have a substantial direct effect onthe States. on the relationship between the national government and the States. or onthe distribution ofpower and responsibilities among the various levels ofgovernment. No further action is requiredbyExecutive Order 13132.



### E. Review UnderExecutive Order 12630, "GovernmentalActions and Interference with Constitutionally ProtectedPropertyRights"

We have determined underExecutive Order 12630. "Governmental Actions and Interference with Constitutionally Protected Property Rights." 52 FR 8859 (March 18. 1988). that this proposed regulation would not result in any takings which mightrequire compensation underthe Fifth Amendment tothe United States Constitution.



### F. Review Under thePaperwork ReductionAct

Today's proposed rule would primarily codify energy efficiency standards and test procedures already established by EPCA for commercial
waterheaters. hot water supplyboilers. and unfired hotwater storage tanks. The proposed rule would notrequire any additional reports orrecord-keeping. Accordingly. this action does not contain a collection ofinformation subject to OMB review under the Paperwork Reduction Act. 44 U.S.C. 

### 3501 et seq.
G. Review Under Executive Order 12988, "CivilJustice Reform"

With respect to the review ofexisting regulations and the promulgation of

new regulations. Section 3(a) of Executive Order 12988. "Civil Justice Reform." 61 FR 4729 (February 7. 1996). imposes on executive agencies the general duty to adhere to the following requirements: (1) Eliminate drafting

errors and ambiguity; (2) write regulations to minimize litigation; and (3) provide a clear legal standard for affected conduct rather than a general standard and promote simplification and burden reduction. With regard to the review required by Section 3(a). Section 3(b) ofthe Executive Order specifically requires that Executive agencies make every reasonable effort to

ensurethatthe regulation: (1) Clearly specifies the preemptive effect. ifany; (2) clearly specifies any effect on existing Federal law or regulation; (3) provide a clear legal standard for affected conductwhile promoting simplification and burden reduction; (4) specifies the retroactive effect. ifany; (5) adequately defines key terms; and (6) addresses other importantissues affecting clarity and general draftsmanship under any guidelines issuedby the Attorney General. Section 3 (c) ofthe Executive Order requires agencies to reviewregulations in light of applicable standards Section 3(a) and Section 3(b) to determine whetherthey

are met or it is unreasonable to meet one

or more ofthem.

We reviewed today's proposed rule underthe standards ofSection 3 ofthe Executive Order and determined that. to the extent permitted by law. it meets the requirements ofthose standards.

### 48862 

### Federal Register 

### IVol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules

H. 

### Review Under Section 32 

### ofthe Federal EnergyAdministrationActof 1974

Under section 301 ofthe Department ofEnergy Organization Act (Pub. L. 95- 91), we must comply with section 32 of the Federal Energy Administration Act of 1974, as amendedby theFederal Energy AdministrationAuthorization Act of 1977. 15 U.S.c. 788. Section 32 provides in partthat, where a proposed rule contains or involvesuse of commercial standards, the notice of proposedrulemaking must inform the public ofthe use and background of such standards.

The rule proposed in this notice incorporates a commercial testing standard referenced by ASHRAE/IES Standard 90.1-1989 for measuring the efficiency ofcommercial waterheaters and hot water supplyboilers, which EPCA requires be used. Because we have very limited discretion to depart

. from a standard referenced in ASHRAEI IES 90.1, Section 32 ofthe FEAA does
not apply to it.

ASHRAE/IES Standard 90.1 does not, however, reference a test procedure to

measure the heat loss ofunfired hot
water storage tanks. DOE proposes to require use ofportions ofANSI Standard Z21.10.3-1998 to test this product. The Departmenthas evaluated this standard and is unableto conclude whether it fully complies withthe requirements ofsection 32(b) ofthe Federal Energy Administration Act, 

### i.e., that it was developed in a manner that fully provides for public participation,
comment and review.

As required by section 32(c) ofthe Federal Energy Administration Act, we will consult with the Attorney General and the Chairman ofthe Federal Trade Commission, prior to prescribing a final rule, concerningthe impact on competition ofrequiring use ofthis standard to test unfiredhotwater storage tanks.



### 1. Review Under UnfundedMandates ReformActof1995

Section 202 ofthe Unfunded Mandates Reform Act of 1995 ("Unfunded Mandates Act") requires that we prepare an impact statement before promulgating a rule that includes

a Federal mandate that may result in expenditure by state, local, andtribal governments, in the aggregate, orby the private sector, of$100 million ormore in anyone year. The impact statement must include: (i) Identification ofthe Federal lawunderwhich the rule is promulgated; (ii) a qualitative and quantitative assessment ofantiCipated
costs and benefits ofthe Federal mandate and an analysis ofthe extent to which such costs to state, local. and tribal governments may be paidwith Federal financial assistance; (iii) if feasible, estimates ofthe future compliance costs and ofany disproportionate budgetary effects the mandatehas on particularregions, communities, non-Federal units of government, or sectors ofthe economy; (iv) iffeasible, estimates ofthe effect on thenational economy; and (v) a description ofour prior consultation with elected representatives ofstate, local. andtribal governments and a summary and evaluation ofthe
comments and concerns presented. DOE published a policy statement on intergovernmental consultation under the unfunded mandates act on March 18,1997 (62 FR 12820).

We have determined that the action proposed today does not include a Federal mandate that may result in estimated costs of$100 million or more to state, local orto tribal governments in the aggregate or to theprivate sector. Therefore. the requirements ofSections 203 and 204 ofthe Unfunded Mandates Act do not apply to this action. 

### J. Review Under the Treasury and General GovernmentAppropriations Act, 1999

Section 654 ofthe Treasury and General Government Appropriations Act, 1999 (Pub. L. No. 105-277) requires federal agencies to issue a Family Policymaking Assessment for any proposed rule or policy that may affect family well-being. Today's proposal would not have any impact onthe autonomy or the integrity ofthe family

as an institution. Accordingly, we have concluded that it is not necessary to prepare a Family Policymaking Assessment.



### K. Plain Language Directive

The President's Memorandum on "Plain Language in Government Writing," 63 FR 31885 (June 10, 1998) directs eachFederal agency to write all published rulemaking documents in plain language. The Memorandum includes general guidance on what constitutes "plain language." Plain language requirements will vary from

one document to another, depending on the intended audience, but all plain language documents should be logically organized and clearly written.

We have tried to make this proposed rule easy to understand. We are also requesting suggestions onhowto improve its readability further. IV. Public Comment

A. 

### Written CommentProcedures

We invite interested persons to participate inthe proposedrulemaking by submitting data, comments. or information with respect to the issues
set forth intoday'srule to Ms. Brenda Edward-Jones, at the address indicated
at thebeginning ofthe notice. We will consider all submittals received by the date specified at the beginning ofthis notice in developing the final rule.

According to 10 CFR 1004.11, any person submitting information which he**o~** shebelieves to be confidential and exemptby law from public disclosure should submit one complete copy ofthe document and ten (10) copies, if possible, from which the information believed to be confidential has been deleted. We will make our own determination with regard to the confidential status ofthe information and treat it according to that determination.

Factors ofinterestto us. when evaluatingrequests to treat as confidential information that has been submitted. include:

(1) A description ofthe items; (2) An indication as to whether and why such items are customarily treated

as confidential withinthe industry;

(3) Whether the information is generally knownby or available from other sources;

(4) Whether the information has previously been made available to others without obligation concerning its confidentiality;

(5) An explanation ofthe competitive injuryto the submitting person which would result from public disclosure;

(6) An indication as to when such information might lose its confidential character due to the passage oftime; and

(7) Why disclosure ofthe information would be contrary to thepublic interest.



### B. Public Workshop

1. Procedures for SubmittingRequests To Speak

You will find thetime andplace of the public workshop listed at the beginning ofthis notice ofproposed rulemaking. We invite any person who has an interest intoday's notice of proposed rulemaking. or who is a representative ofa group orclass of
persons that has an interest in these proposed issues, to make a request for

an opportunity to make an oral presentation. Ifyou would like to attend the public workshop, please notify Ms. Brenda Edwards-Jones at (202) 586- 2945. You may hand deliver requests to speakto the address indicated at the

### Federal Register/Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules 48863

beginning ofthis noticebetweenthe hours of8:00a.m. and 4:00 p.m., Monday through Friday, except Federal holidays, or send them by mail.

The person making the request should
state why he or she, either individually

or as a representative ofa group orclass ofpersons, is an appropriate spokesperson, briefly describe the
nature ofthe interest in the rulemaking, and provide a telephone numberfor
contact. We request eachperson selected to be heard to submit an advance copy ofhis orher statement at least two weeks priorto the date ofthis workshop as indicated at thebeginning ofthis notice. At our discretion. we may still permit any person who cannot do this to participate ifthat personhas made alternativ13 arrangements with the Office ofBuilding Research and Standards in advance. The request to give an oral presentation should ask for such alternative arrangements.

2. Conduct ofWorkshop

The Department will designate a Department official to preside at the workshop, and we may also use a professional facilitator to facilitate discussion. The workshop will not be a judicial or evidentiary-type hearing, but the Department will conduct it in accordance with 5 U.S.C. 553 and Section 336 ofthe Act and a court reporter will be present to record the transcript ofthe workshop. We reserve the right to schedule the presentations by workshop participants, and to establish the procedures governing the conduct ofthe workshop.

The Department will permit each participantto make a prepared general statement, limitedto five (5) minutes, prior to the discussion ofspecific topics. The general statement should not address these specific topics, but may

cover any other issues pertinent to this rulemaking. TheDepartment will permit other participants to briefly comment on any general statements. We will divide theremainder ofthehearing into segments, with each segment consisting ofone or more ofthe following specific topics coveredbythis notice:

Commercial Water Heaters and Hot Water Supply Boilers-Definitions and Coverage

• Instantaneous waterheaters

• Hot water supplyboilers

• Heat pump waterheaters

• Waste heat recovery water heaters

Commercial Water Heaters-Test Procedures for the Measurement of Energy Efficiency

• Gas-fired water heaters

• Oil-fired waterheaters • Electric waterheaters

Commercial Unfired Hot Water Storage Tanks

• Exemption from and application of maximum heat loss requirement

• Unfired hot water storage tank test procedure

OtherTopics

The Department will introduce each topic with a briefsummary ofthe relevant provisions ofthe proposed rule, and the significant issues involved. We will then permit participants in the hearing to make a prepared statement limited to five (5) minutes on thattopic. At the end ofall prepared statements on

a topic, we will permit each participant
to briefly clarify his orher statement and comment on statements madeby others. Participants should be prepared
to answer questions by us and by other participants concerning these issues. Ourrepresentatives may also ask questions ofparticipants concerning other matters relevant to the hearing. The total cumulative amount oftime allowed for each participant to make prepared statements will be 20 minutes.

The official conducting the hearing will accept additional comments or questions from those attending, as time permits. The presiding official will

announce any further procedural rules,

or modification ofthe above procedures, needed for the properconduct ofthe hearing.

We will make the entire record ofthis rulemaking, including the transcript, available for inspection in the Department's Freedom ofInformation Reading Room. Any person may purchase a copy ofthetranscript from the transcribing reporter.



### C. 

### Issues on 

### Which Comments Are 

### Requested

We are interested in receiving
comments and!or data concerningthe feasibility, workability and appropriateness ofthetest procedures proposed in today's rulemaking. Also,

wewelcome discussion on improvements or alternatives to the proposed approaches. We also invite
comments on how to make this proposed rule easier to understand. For example:

• Aretherequirements inthe rule clearly stated?

• Have we organized the material to suit your needs, or would a different organizationbe better?

• Can we improve the rule's format? List ofSubjects in 10 CFRPart431

Administrative practice and procedure, Energy conservation, Incorporation by reference.

Issued inWashington, DC, onJuly 18, 2000.
Dan W. Reicher,

AssistantSecretmy, EnergyEfficiencyand RenewableEnergy.

For the reasons set forth in the preamble, Title 10,Part 431 ofthe Code ofFederal Regulations is proposed to be amended as set forth below:

PART 431-ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL**EQUIPM~NT**

1. The authority citation for Part 431 continues to read as follows:

Authority: 42 U.S.C. 6311-6316.

2. SubpartL is added to read as follows:
Subpart L-Commerclal Water Heaters, Hot Water Supply Boilers and Unfired Hot Water Storage Tanks
Sec.
431.451 Purpose and scope. 431.452 Definitions for commercial water heaters, hot water supply boilers, and unfired hot water storage tanks.

Test Procedures

431.461 Materials incorporated by reference.
431.462 Uniform Test Method for the Measurement ofEnergy Efficiency of Commercial Water Heaters and Hot Water Supply Boilers (Other than Commercial Heat Pump Water Heaters).
431.463 Uniform Test Method for the Measurement ofEnergy Efficiency of Commercial Heat Pump Water Heaters [Reserved].
431.464 Uniform Test Method for the Measurement ofEnergy Efficiency of Commercial Unfired Hot Water Storage Tanks.
Energy**Co~rvation** Standards

431.471 Energy conservation standards and theireffective dates.
Subpart L-Commercial Water Heaters, HotWater Supply Boilers and Unfired HotWater Storage Tanks

1431.451 Purpose and scope.

This subpart contains energy conservation requirements for certain commercial waterheaters, hot water supply boilers and unfired hot water storage tanks, pursuant to Part C ofTitle ill ofthe Energy Policy and Conservation Act, as amended, 42 U.S.C 6311-6316.

### 48864 Federal Register I

### Vol. 65, No. 154 I

### Wednesday, August 9, 2000/Proposed Rules

§431.452 Definitionsfor commercial water heaters, hotwater supply boilers, and unfired hotwater storage tanks.

For purposes ofsubparts Ithrough P ofthis part. terms are defined as provided for elsewhere in this part, in section 340 ofthe Act, and as follows:



### ASTM-D-2156-80means thetest standard published in 1980 bythe American Society ofTesting and Measurements andtitledMethod for Smoke Density in Flue Gases from BurningDistillate Fuels.

Gas means natural gas or propane as defmedby theFederal Power Commission.



### Hot watersupplyboilermeans 

### a packaged boilerthat,

(1) Has an inputrating from 300,000 Btulh to 12,500,00 Btulh and ofat least 4,000 Btulh pergallon ofstored water,

(2) Is suitable for heating potable water, and

(3) Meets either orboth ofthe following conditions:

(i) Ithas the temperature and pressure controls necessary for heating potable
water for purposes otherthan space heating. or

(ii) The manufacturer's product literature. product markings, product marketing, orproduct installation and operation instructions indicate that the boiler's intended uses include heating potable water for purposes other than
space heating.



### Instantaneous waterheatermeans a water heater that has an inputrating not less than 4,000 Btu per hour per gallon ofstored water, and that is a commercial HVAC & WH product.



### Nominal tank surface area means the
out ide surface area ofan uninsulated tank or the jacket area ofajacketed storage tank. To determinethis area,

assume that there are no holes or protrusions within the mainbody ofthe tank orjacket.



### R-value means thethermal resistance ofinsulating material as determined based onASTM Standard Test Method Cl77-97 orC518-91 and expressed in (OfOft2°h/Btu).



### Standbyloss means the average hourly energy required to maintain the stored water temperature, expressed as

a percentage (per hour) ofthe heat
content ofthe stored water and determinec.. by the formula for S given in Section 2.10 ofANSI Z21.10.3-1998.



### Storage waterheatermeans a water heaterthat heats and stores water within the appliance at a thermostatically controlled temperature for delivery on demand and that is a commercial HVAC & WH product. Suchterm does not includeunits with an input rating of 4,000 Btu per hour or more per gallon ofstored water.



### Tank sUrface area means, for the
purpose ofdetermining portions ofa tankrequiring insulation, those areas of

a storage tank, includinghand holes and manholes. in its uninsulated or preinsulated state, that do not have pipe penetrations or tank supports attached.



### Thermal efficiencymeans theratio of theheat transferred to the water flowing through the water heater to the amount ofenergy consumed by the water heater

as measured during the thermal effiCiency test procedure prescribed in this subpart.



### Unfiredhot waterstorage tankmeans

atank used to store waterthat is heated externally, and which is a commercial HVAC & WH product.

TestProcedures

§431.461 Materials incorporated by reference.

(a) 

### General. TheDepartment incorporatesby reference the following
test procedures which are not otherwise
set forth in this part 431. The Director ofthe Federal Register has approved the material listed in paragraph (b) ofthis section for incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Any subsequent amendment to this material by the standard-setting organization will not affect the DOE test procedures unless and until DOE amends its test procedures. The Department incorporates the material as it exists on the date ofthe approval and a notice of
any change in the material will be published in the Federal Register.

(b) 

### Testprocedures incorporated by reference: American National Standards Institute (ANSI) Standard Z21.10.3- 1998, "Gas Water Heaters, Volume III, Storage Water Heaters with Input Ratings above 75,000 Btu per Hour, Circulating and Instantaneous", subsections entitled "Method ofTest" of sections 2.9 and 2.10, sections 2.1.7, 2.3.3, 2.3.4 and 2.30, and Figure 3.

(c)

### Availabilityof references. (1) 

### Inspection of testprocedures. The test procedures incorporatedby reference

are available for inspection at:

(i) Office oftheFederal Register, 800 North Capitol Street, NW, Suite 700, Washington, DC.

(ii) U.S. Department ofEnergy, Office ofEnergy Efficiency and Renewable Energy, Hearings and Dockets, "Test Procedures and Efficiency Standards for Commercial Water Heaters, Hot Water Supply Boilers, and Unfired Hot Water Storage Tanks," Docket No. EE-RM/TP99-480,1000 Independence Avenue. SW, Washington, DC 20585.

(2) 

### Obtaining copies of Standards. Anyone can obtain a copy ofstandards incorporated by reference from the following sources:

(i) Request copies ofthe ASHRAE Standards from the American Society of Heating. Refrigerating. and AirConditioning Engineers, Inc., 1971 Tullie Circle, NE, Atlanta. GA 30329, or http://www.ashrae.orglhook! bookshop.htrn.

(ii) Request copies ofthe ANSI Standard from Global Engineering Documents, 15 Inverness Way West, Englewood, CO 80112. orhttp:// global.ihs.com/, or http:// webstore.ansLorglansidocstore/.

(d) 

### Reference standards. (1) 

### General. The standards listed in this paragraph are referred to in the DOE
test procedures. and elsewhere, in this subpartL, but they are not incOT:,orated by reference. These sources are given here for information and guidr



### (2) Ust of References. (il M Standard Test Method C518-\ "Standard Test Method for Sh

__1'-State Heat Flux Measurements and Thermal Transmission Properties by Means of the Heat Flow Meter Apparatu'<."

(ii) ASTM Standard Test 

### r-'**~od** Cl77-97, "StandardTest**~,** 1 for Steady-State Heat Flux M?' lents and Thermal TransmissioL 'ies by Means ofthe Guarded-' Apparatus."

(iii) ASTM Star:dard T D2156-e

..) "Method for**~** ity in Flue C ,;':IS fron Burni te Fuels."

§431.462 Uniform Test Me Measurement of Energy Eff Commercial Water Heaters

. rthe

_, of

..**~,~** Water Supply Boilers (Otherthan I. 'm;

..**~rcial** Heat Pump Water Heaters).

(a) 

### Scope. This section covers the test procedures you must follow if, pursuant to EPCA, you are measuring the thermal efficiency or standby loss, orboth. ofa storage or instantaneous water heater or hotwater supplyboiler (other than commercial heat pump waterheaters).

(b) 

### Testing and Calculations. Determine the energy efficiency ofeach covered product by conducting the test procedure(s), set forth inthe two rightmost columns ofthe following table, that applytothe energy efficiency descriptor(s) for that product:

### Federal Register/Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules 48865

Product Energy efficiency descriptor Use test setup, equipment and procedures in subsection labeled "Method of Test" of With these additional stipulations

Gas-fired Storage and Instantaneous Thermal Efficiency

............. ANSI Z21.10.3-1998, §2.9 None.

Water Heaters and Hot Water Supply Boilers. Standby Loss

..................... ANSI Z21.10.3-1998, §2.10. Oil-fired Storage and Instantaneous Water Thermal Efficiency

............. ANSI Z21.10.3-1998, §2.9 (1) Connect a vertical length of flue pipe to the flue gas outlet of sufficient height so as to meet the minimum draft specified by the manufacturer. Heaters and Hot Water Supply Boilers.

Standby Loss

..................... ANSI Z21.10.3-1998, §2.10. Electric Storage and Instantaneous Water Standby Loss

..................... ANSI Z21.10.3-1998,

Heaters. §2.10.

§431.463 Uniform Test Method for the Measurement of Energy Efficiency of Commercicl Heat Pump Water Heaters. [Reserved]

§431.464 Uniform Test Method forthe Measurement of Energy Efficiency of Commercial Unfired HotWater Storage Tanks.

(a) 

### Scope. This section covers the test procedures you must follow if, pursuant to EPCA. you are measuringthe heat loss per square foot oftank surface area ofan unfired hot water storage tank.

(b) 

### TestMethod. You must use the test setup. equipment and procedures from the subsection entitled Method ofTest ofsection 2.10 in ANSI Z21.10.3-1998. withthe following additional stipulations:

(1) Use an electric waterheater whose size. thickness andtype ofinsulation, andjacketing are identical to that ofthe unfired storage tank.

(2) Maintain the electrical supply voltage to within 

### ±1% ofthe center of thevoltage range specified on the water heater nameplate.

(3) Ifthe set up for that water heater includes multiple adjustable thermostats. set the highest one first to yield a maximum water temperature in the specified range as measured by the topmost tank thermocouple. Then set the lower thermostat(s) to yield a maximum mean tank temperature within the specified range.

(4) Use the value of98 percent for Etl for the calculation ofthe standby loss.

(c) 

### Calculations. (1) Calculate the difference in internal energy ofthetank
water volume based on the meantank temperature. at the beginning and end of thetest.**~iff.** in Btu as follows:

Qdiff =K,V a ·AT 4 Where.
K

## =8.25 Btu pergallon OF. thenominal specific heat ofwater. Va 

## =tank capacity expressed in gallons.

as determined under section 2.30 of ANSI Z21.10.3-1998. and (2) Adjust the burner rate so that (a) the hourly Btu input rate lies within ±2% of the manufacturer's specified input rate, (b) the CO2 reading shows the value specified by the manufacturer, (c) smoke in the flue does not exceed No.1 smoke as measured by the procedure in ASTM-D-2156-80, and (d) fuel pump pressure lies within ±1 % of manufacturer's specifications.

(1) Assume that the thermal efficiency

(E.) of electric water heaters with immersed heating elements is 98 percent. (2) Maintain the electrical supply voltage

to within ±1 % of the center of the voltage range specified on the water heater nameplate. (3) If the set up includes multiple adjustable thermostats, set the highest one first to yield a maximum water temperature in the specified range as measured by the topmost tank thermocouple. Then set the lower thermostatts) to yield a maximum mean tank temperature within the specified range.**~T4** 

## =difference between the final and initial meantanktemperatures, OF.
(2) Determine the rate ofheat loss per square foot ofnominal tank surface area. 

### Oloss. in Btu/h-fF as follows:

Where. 

### E _ Qdiff

C 

### Tlt/ 

### Qloss = 

### 1'100 As ·t



### Ec 

## =electrical energy consumption as presented in section 2.10 ofANSI Z21.10.3-1998.
A. = nominal tank surface area (ft2.
111 

## =98 percent. the assumed recovery efficiency for electric water heaters with immersed heating elements. and



### t

## =duration ofstandby loss test as defined in section 2.10 ofANSI Z21.10.3-1998.

### 48866 

### Federal Register I

### Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules

Energy Conservation Standards

1431.471 Energy conservation standards and their effective dates.

Each commercial storage water heater. instantaneous water heater. and unfired

Product Size hot water storage tank manufactured on

or afterJanuary 1,1994, and each hot
water supply boiler manufactured 30 days or more after (publication date of the final rulej,l must meet the

Energy efficiency descriptor applicable energy conservation standard level(s) as follows:

Energy conservation standard

Electric storage water heat- All

....................................... Standby Loss' (in %/hr)

.... Maximum of 0.30 + (27/Measured Storage Volume pn

ers. gallons]). Gas-fired and oil-fired stor- S155.000 Btuth input

......... Standby Loss' (in %/hr)

.... Maximum of 1.30 + (114/Measured Storage Volume

age water heaters. pn gallons]).

....................................... Thermal Efficiency

............. Minimum of 78%. >155.000 Btuth input

......... Standby Loss' (in %thr)

.... Maximum of 1.30 + (95/Measured Storage Volume pn gallons]).

•••••••••u

............................ Thermal Efficiency

............. Minimum of 78%. Instantaneous water heat- <10 gallons storage vol- Thermal Efficiency

............. Minimum of 80%.

ers; or hot water supply ume. boilers.**~10** gallons storage vol- Thermal Efficiency

............. Minimum of 77%.

ume.

....................................... Standby Loss· (in %/hr)

.... Maximum of 2.30 + (67/Measured Storage Volume pn gallons]). Unfired hot water storage S140 gallons storage vol- Heat Loss

.......................... Maximum of 6.5 Btuth per ft2 of the nominal tank surtank. ume. face area. >140 gallons bstorage vol- Heat Lossb

........................ Maximum of 6.5 Btuth per ft2 of the nominal tank surume. face area.

....................................... Thermal Insulation Level b Minimum of R-12.5 over the tank surface area.

• Storage and instantaneous water heaters having more than 140 gallons of storage capacity need not meet the standby loss requirement if the tank surface area is thermally insulated to R-12.5 or more and if a standing pilot light is not used.

bOnly one of the two requirements (i.e

.. either the heat loss requirement or the thermal insulation requirement) must be met.

[FR Doc. 00-19722 Filed 8-8-00; 8:45 

### amI

BlLUNG CODE M50-01-P

1The following provisions apply to a hot water supply boiler manufactured before [publication date ofthe final rule]: (1) ifit was manufactured before January 28, 1998, it mustmeet the applicable requirements for a "commercial packaged boiler" under subpart K ofthis part; (2) ifit was manufactured on or after January 28. 1998. and is

a commercial packaged boiler. as defined in subpart K ofthis part. it must meet the requirements that apply to itunderthat subpart: (3) ifit was manufactured on or after January 28, 1998, and is
not a commercial packaged boiler, as defined in subpart K ofthis part. it must either meet the requirements listed in this section or the requirements for a "commercial packaged boiler" in subpart K ofthis part.