Nick Gillespie • 2000 N. M63 – MD 3502 • BENTON HARBOR, MI 49022 • 269.923.4646

July 3, 2013

U.S. Department of Energy 

Building Technologies Program, Test Procedure Waiver

1000 Independence Avenue, SW

Washington, DC 20585

Via email: AS_Waiver_Requests@ee.doe.gov

Re: Amended Petition for Dishwasher “Water Use System” Waiver with Application for Interim Waiver

Whirlpool Corporation (Whirlpool) respectfully submits this Amended Petition for Waiver with Application for Interim Waiver, filed 

pursuant to 10 CFR 430.27, to the U.S. Department of Energy (DOE) regarding the test procedure specified in 10 CFR Part 430, 

Subpart B, App. C1 (Test Procedure) for measuring the energy and water consumption of dishwashers. Whirlpool is amending our 

Waiver Petition to include an Application for Interim Waiver, which was not part of the Petition for Waiver submitted to the 

Department on July 3, 2013. 

This Amended Petition for Waiver with Application for Interim Waiver is directed towards Whirlpool dishwashers utilizing a “water 

use system” that will be assembled in the United States at our dishwasher manufacturing facility in Findlay, Ohio. Whirlpool submits 

that the testing of dishwashers equipped with a “water use system” under the Test Procedure will lead to results that are materially 

inaccurate and mislead consumers. 

10 CFR 430.27(a) (1) provides that a manufacturer may submit a petition to waive a requirement of §430.23 upon grounds that the 

basic model contains one or more design characteristics which either prevent testing of the basic model according to the prescribed 

test procedures, or the prescribed test procedures may evaluate the basic model in a manner so unrepresentative of its true energy 

consumption characteristics as to provide materially inaccurate comparative data. Additionally, 10 CFR 430.27(b)(2) allows an 

applicant to request an Interim Waiver if economic hardship and/or competitive disadvantage is likely to result absent a favorable 

determination on the Application for Interim Waiver. Whirlpool requests that DOE grant this Petition and Application on these 

grounds for the reasons set forth below. 

1. Petitioner

Whirlpool Corporation is the world's leading manufacturer and marketer of major home appliances, with annual sales of 

approximately $18 billion in 2012, 68,000 employees, and 65 manufacturing and technology research centers around the world. In 

the U.S., the company has 22,000 employees, including 15,000 manufacturing employees (i.e. more than any of our major 

competitors combined) and 4,000 knowledge workers in the State of Michigan at its global headquarters. Whirlpool Corporation 

markets Whirlpool, Maytag, KitchenAid, Jenn-Air, Amana, Brastemp, Consul, Bauknecht and other major brand names to consumers 

in nearly every country around the world. Additional information about the company can be found at 

http://www.whirlpoolcorp.com.

2. Background 

The dishwasher “water use system” saves water from the final rinse of a given dishwasher cycle for use in a subsequent dishwasher 

cycle. If not operated for three or more days, the dishwasher will "drain out" the saved water. The dishwasher also performs a 

"clean out" every thirty days or thirty cycles, whichever occurs first. Both “drain out” and “clean out” events consume additional 

water and energy during the subsequent cycle. This additional water and energy consumption is accounted for in the subsequent 

sections of this waiver petition. 

The “water use system” will be installed on soil sensing model dishwashers that utilize 120 degree (deg.) Fahrenheit (F) inlet water. 

A “drain out” event consumes an additional 1.02 gallons of water for a cycle in which it occurs. The “clean out” event consumes an 

additional 1.24 gallons of water for a cycle in which it occurs. “Drain out” and “clean out” events occur during the active mode, but 
before the power dry portion of the cycle begins. The power dry, fan-only mode, inactive mode and off mode are not affected by 

“water use system” operation water consumption or energy consumption. 

3. Grounds for Waiver/Interim Waiver and Justification for Interim Waiver Application

Our intent is to accurately account for “water use system” energy and water consumption. As we indicated in the second paragraph 

of this letter, the testing of the “water use system” under the current DOE Test Procedure will lead to results that are materially 

inaccurate and mislead consumers. 10 CFR 430.27(a) (1) provides that a petition to waive a requirement of §430.23 may be 

submitted upon grounds that the basic model contains one or more design characteristics which either prevent testing of the basic 

model according to the prescribed test procedures, or the prescribed test procedures may evaluate the basic model in a manner so 

unrepresentative of its true energy consumption characteristics as to provide materially inaccurate comparative data. Hence, this 

Petition.

Granting of an Interim Waiver is justified in this case because Whirlpool has provided strong evidence that demonstrates the 

likelihood of the granting of the Petition for Waiver. 

Additionally, Whirlpool will suffer significant economic hardship and competitive disadvantage if this Interim Waiver Application is 

not granted and there are strong public policy justifications to issue an Interim Waiver to help promote uniform interpretation and 

application of the Test Procedure to dishwashers with a “water use system”. As discussed above, if this Interim Waiver is not 

granted, there will be significant uncertainty in how to measure energy and water consumption for dishwashers with “water use 

system”. There are also long lead times and significant expenses associated with the design and manufacture of dishwashers. 

Compliance with federally mandated energy consumption standards and ENERGY STAR® criteria is a critical design factor for 

dishwashers. Any delay in obtaining clarity on this issue will cause Whirlpool economic hardship and competitive disadvantage.

4. Requirements Sought To Be Waived

“Water use system” water and energy consumption should be accounted for during dishwasher water and energy measurement and 

reporting. The following is a summary of the requirements sought to be waived:

 For “drain out” events, constant values of 15.4 gallons per year and 2.6 kWh / year should be added to 

 values measured by Appendix C1. 

 For “clean out” events, constant values of 15.1 gallons per year and 10.3 kWh / year should also be added

 to values measured by Appendix C1. 

 If a “drain out” event or a “clean out” event takes place within a test, the water and energy consumed

 should be disregarded when declaring water and energy consumption. 

 To calculate the detergent quantity for testing, a constant value of 0.91 gallons for the water fill amount

 shall be used, representing both saved water fill and house supply water fill.

 For verification testing, a new dishwasher is required. Conservatively, all testing must be completed

 within 28 days, and within 28 cycles of first dishwasher use, to avoid a “clean out” event. Conservatively, 

 no more than 68 hours may lapse between the start of cycles to avoid a “drain out” event. Otherwise, the test series 

 should be restarted to insure that a "drain out" event or a "clean out" event do not occur within a test. To restart the test 

 series, disconnect and reconnect power to the dishwasher. Per Appendix C1, the test series includes two preconditioning 

 cycles followed by sensor heavy response, sensor medium response, and sensor light response test cycles. The 28 day, 28 

 cycle, and 68 hour values must account for and consider all dishwasher cycles, including preconditioning. 

For further information and detailed methodology of calculations, please continue reading through the remainder of this section 

before proceeding to Section 5.

Further detail and calculation method:

“Drain out” event (if dishwasher is not used for 3 or more days) - The “drain out” event consumes an additional 1.02 gallons of water 

for the cycle in which it occurs. Consumer research shows that only seven percent of consumer cycles, for consumers who run 

approximately 215 cycles/year, have longer than a three day delay between cycles. This results in “drain out” water and energy 

usage of 0.072 gallons/cycle and 2.61 kWh/year: 

 7 percent of 215 cycles/year equates to 15.1 cycles/year. 

 15.1 cycles / year multiplied by 1.02 gallons/cycle results in 15.4 gallons/year of additional water usage 

 for “drain out” events. 

 15.4 gallons / year apportioned across all 215 cycles calculates to 0.072 gallons/cycle. 
 The “drain out” event water energy consumption, based on 15.4 gallons/year, calculates to 2.59

 kWh/year (15.4 gallons/year multiplied by 70 deg F water heater temperature rise multiplied by the 

 constant K of 0.0024 kWh/gallon/deg. F). 

 The additional machine energy consumption associated with a “drain out” event is less than 0.001 kWh/

 event or 0.02 kWh/year. 

 Pump and valve: 10 W for 4.5 minutes followed by 30 W for 0.5 minutes; 7 percent of 215 cycles/year 

is used for the calculation.

“Clean out” event (every 30 days or 30 dishwasher cycles whichever occurs first) - The “clean out” event consumes an additional 

1.24 gallons of water for the cycle in which it occurs. Water is heated during the “clean out” event. A “clean out” event will occur 

every 30 days (used for this calculation) or 12.2 events / year. 12.2 events / year, based on 215 cycles / year, calculates to 6 percent

of all dishwasher cycles. Water and energy use (apportioned) is 0.071 gallons / cycle and 10.3 kWh / year:

 1.24 gallons/event multiplied by 12.2 events/year calculates to 15.1 gallons/year of additional water

 usage for “clean out” events. 

 15.1 gallons/year apportioned across all 215 cycles calculates to 0.071 gallons/cycle. 

 The “clean out” event water energy consumption, based on 15.1 gallons/year, calculates to 

 2.54 kWh/ year (15.1 gallons/year multiplied by 70 deg F water heater temperature rise multiplied by 

 the constant K of 0.0024 kWh/gallon/deg. F). 

 The additional machine energy consumption associated with a “clean out” event is 7.72 kWh/year from

 pump, valve, and heater operation.

 Pump and valve: Approximately 0.006 kWh / event or 0.073 kWh / year (electrical components use an

 additional 30 W for a combined duration of 9 minutes plus 10 W for a combined duration of 8.5 

 minutes; the calculation is based on 12.2 events / year).

 Pump and heater: 1.24 gallons of water is heated for approximately 47 minutes using 800 watts, or 

0.63 kWh/event. This calculates to 7.65 kWh/year based on 12.2 events/year.

Calculation of detergent concentration:

A portion of the water fill volume comes from saved water fill instead of the house supply water fill. This saved water fill amount 

(0.80 gallons) should be included with (added to) the house supply water fill amount (0.11 gallons) when calculating detergent 

concentration for the wash (a total of 0.91 gallons). The method to determine the saved water fill volume is affected by several 

factors including when the first cycle is run on a new dishwasher and “charging” of the sump and water lines. Two approaches may 

be used to determine the amount of water in the first fill:

1. Use a constant amount of water for the wash fill of 0.91 gallons. This is the recommended approach and

 is representative.

2. Measure the amount of drain water discharged during the first drain out. Measure this amount during

 the second preconditioning cycle. This would be approximately 0.91 gallons. 

Other testing requirements or considerations:

To confirm if saved water has returned to room ambient temperature, a thermocouple may be placed on the surface of saved water 

tank to measure temperature. Ref. Appendix C1, cl. 2.5.1.

Removing power from the dishwasher will result in a “clean out” event during the next dishwasher cycle. As required by Appendix 

C1, cl. 2.2.1, it is necessary to maintain a continuous electrical supply to the unit throughout testing, including during 

preconditioning cycles and the test cycle series. 

5. Identification of Basic Models

This Petition for Waiver and Application for Interim Waiver is made with respect to the Basic Model of a dishwasher that 

incorporates a “water use system”. The design characteristics that are common to the Basic Model with a “water use system” are a 

tank, a valve, control system and plumbing. 

Specific Basic Model is: 

KitchenAid brand: KDTE554C ++ #
6. Manufacturer’s of Similar Products and Affected Manufacturers

To the best of our knowledge, Whirlpool is not aware of other manufacturers providing this functionality in the United States.

The manufacturers that sell dishwashers in the United States include ASKO Appliances, Inc., BSH Home Appliances Corp. (BoschSiemens Hausgerate GmbH), Electrolux North America, Inc., Fisher & Paykel Appliances, GE Appliances and Lighting, Haier America, 

Indesit Company Sa, LG Electronics USA, Miele, Inc., Samsung Electronics Co., Arcelik A.S., Fagor America Inc., Teka USA Inc. and 

Viking Range Corporation. The Association of Home Appliances Manufacturers is also generally interested in energy efficiency 

requirements for appliances, including dishwashers. Whirlpool will notify all these entities as set forth in the Department’s rules and 

provide them with a version of this Petition for Waiver and Interim Waiver Application Amendment.

7. Conclusion

For the above reasons, Whirlpool respectfully requests that the U.S. Department of Energy grant the above Amended Petition for 

Waiver with Interim Waiver Application. By granting the said Waivers, DOE will ensure that the efficiency of the “water use system” 

is accurately represented to consumers.

Whirlpool certifies that all manufacturers of domestically marketed dishwashers of the same product type have been notified and 

provided a copy by email letter of this Amended Petition with Application for Interim Waiver.

Thank you for your consideration. 

Respectfully,

Nick Gillespie

Government Relations Manager

Whirlpool Corporation