CE-CP-SPRM-AR006-STD-0020 COMMENT 03

\ 

Monday 

September 17, 1984 

Part II 

Department of 

Energy 

Office of· Conservation and Renewabfe 

Energy 

10 CFR Part 430 

Energy Conservation Program for 

Consumer Productsi State Petitions for 

Exemption From Federal Preemption of 

State Standards for Refrigerators and 

Refrigerator-Freezers, Freezers, Water 

Heaters, Room Air Conditioners, Central 

Air Conditioners, Furnaces and Kitchen 

Ranges and Ovens; Proposed Rules; 

Correction 
CE-CP-SPRM-AR006-STD-0020 COMMENT 03

)EPARTMENT OF ENERGY 

mice of Conservation and '-' 

enewable Energy 

10 CfR Part 430 

[Docket Noa. CEoCP-5PRM-AROOI, VAOO7, 

FL008, PAOO9, WI010, SC012, NM013, 

GA014, R1015, NH01&, MA017, CAO,,, 

OR01., NY020, MOO21, 1')(022, NJ023, 

1L024, UT025. IA026, WV027, MN02I, 

WA02t, KS03O, Hl031, TN0321 

Energy Conservation Program for 

Consumer Producta; State Petitions 

tor Exemptions From Federal 

Preemption of State Standards tor 

Refrlgeratorl and RefrigeratorFreezers, freezers, Water Heaters, 

Room Air Conditioners, central AIr 

'Conditioners, Furnaces and Kitchen 

Ranges and Ovens, CorreCtIon 

AGENCY: Office of Conservation and 

Renewable Energy. DOE. 

ACTION: Proposed rules correction. 

SUMMARY: This document corrects errors 

made in the proposed rules to grant 26 

State petitions for exemption from 

Federal preemption of State standards 

pertaining to the energy efficiency or 

energy use of refrigerators and 

refrigerator-freezers, freezers. water 

'heaters. room air conditioners. central 

air conditioners. furnaces and kitchen 

ranges and ovens appearing at and 

following page 32944 of the August 17. 

1984. Federal Register (Vol. 49, No. 161). 

DATES: Written comments on the 

proposed rules must be received by the 

Department by November 15. 1984. Oral 

views. data and arguments may be 

presented at any of the public hearings 

listed on page 32976 of the August 17, . 

1984. Federal Register. 

ADDRESSES: V\'ritten comments. 

statements and requests to speak at the 

hearings are to be submitted to U.s. 

Department of Energy. Office of 

Conservation and Renewable Energy. 

Office of Hearings and Dockets. Energy 

Efficiency Program for Consumer 

Products. Docket No. CE-CP-SPRM- '. 

(appropriate State code). Man Station 

6B-025. Forresial Building. 1000 

Independence Avenue SW.. , 

Washington. D.C. 20585. (202) 252-9319. 

FOR FURTHER INFORMATION CONTACT: 

Michael J. McCabe. U.S. Department of 

Energy. Office of Conservation and 

Renewable Energy Mail Station CE113. Room GF-217. Forrestal Building. 

1000 Independence Avenue. SW .• Washington. D.C. 20585. (202) 252-

9127. or Eugene Margolis. Esq .• U.s. Department 

of Energy, Office of General Counsel. 

Mail Station GC-1Z. Room 68-128. 

Forrestal Building, 1000 Independence 

Avenue SW .. Washington. D.C. 20585. 

(202) 252-9513 ~. 

U.S. Department of Energy. ~ 

Conservation and Renewable Energy! 

Office of Hearings and Dockets. Room 

68-025. Forrestal Building. 1000 

Independence Avenue, SW .. (202) 25%-

-9319. .. . ". 

l8Iued in Washington. D.c.. September", 

1984. 

'.tCollina, 

Acting Assistant Secretary. Conservation ond 

Renewable Energy. . 

-The following corrections are made to 

FR Doc. 84-21684 appearing on page 

32944 of the August 17, 1984. Federal 

Register (Vol 49. No. 161): .:. • 

1. On page 32944, column two. under 

the beading ADDRESSES, and. on page 

32976. column one, first ,Paragraph; the 

starting time of all public bearings is 

corrected to be 9:30 a.m. ~ 

2. On page 32964. colWllli three. last 

paragraph, the discussion of the -petition 

lubmitted by the State of Texas (which 

concludes on page 32965, column two) is 

corrected to read as follows: _ "TEXAS (TX022). The petition '. 

submitted by Texas· seeks a rule 

exempting from Federal preemption 

Paragraph 69.78{a)(3) of the Rules of the 

State Department of Labor and -

Standards and the building code 

ordinances of 49 localities as they 

pertain to the energy effiCiency of water 

heatera. room and central air 

conditioners and furnaces. Paragrapb 

69.78(a)(3) of the Rules of the State 

Department of Labor and Standards , 

adopts The Model Code for Energy 

Conservation in New Building . 

. Construction. 1977 Edition. as the State 

building code for the construction of 

modular homes. The adopted code 

contains energy efficiency requirements 

applicable to water heaters, room air 

conditioners. central air conditioners 

and furnaces. It is based on ASHRAE 

Standard 90-75. Texas' petition includes 

a list identifying the 49 localities that 

'have energy efficiency requirements 

incorporated into their building codes. 

. For each of these localities, Texas' 

petition identifies the building code 

adopted by the locality (BOCA.ICBO. or 

SBCC). the date of the edition of the 

model building code adopted. and the 

ordinance which adopted the model 

building code. . ., 

''Today's notice proposes to grant 

Texas' petition for exemption from 

preemption of its construction standards 

for modular homes as they pertain to 

• Texas' petition wal received by letter dated 

December 20. 18113, and aIIIeIIded by leiter daled 

AU(III8I '1. 19M. 

. water heaters. room air conditioners. 

central air conditioners, and furnaces. 

and the building codes. of the 49 

localities for which Texas bad 

petitioned. See Section 430.33 (e)(lS), 

(f)(15). (g}(16). and (h)(lB) of today's 

proposed rule for a listing of the 

localities of Texas with-building code 

energy efficiency requirements 

pertaining to water heaters. room air' 

eonditioners. central air conditioners 

and furnaces. respectively, which DOE 

is proposing to exempt from Federal 

luperse88ion. 

"1. Standard Levels 

"Water Heaters 

"Paragraph 69.7B{a){3) of the Rules of 

the State Department of Labor and 

Standards provides that electric storage 

water heaters shall have a standby loss 

not exceeding 4 watts per square fo9t of 

tank surface area; and that gas- and 

. oil-fired storage water heaters shall 

have a recorvery efficiency not less than 

75 percent and a atandby-loss not 

exceeding the quantity of 2.3 + 67/V. 

expressed in percent per bour of the 

stored thermal energy. where -v equals 

the rated storage capacity in gallons.-

"For those localities in Texas that 

have adopted building codes which are 

based on the ASHRAE Standard 90-75. 

electric storage water heaters are 

required to have a standby loss which, 

for building codes adopted prior to 

January 1. 1971. does not exceed 4 watts 

per square foot of tank surface area. 

Gas-and oil-fired storage water heaters 

are required to have a rec9very 

efficiency which. for building codes 

adopted prior to January 1. 1977. is not 

less than 70 percent and: for building 

codes adopted thereafter, is not less 

than 75 percent. 

"Gas- and oil-fired storage water 

heaters are also required to have a standby loss which, for building codes 

adopted prior to January 1. 1977. does 

Dot exceed the quantity of 4.3 + 67/V. 

expressed in percent per hour of the 

8tored thermal energy. where V equals 

the volume of the water heater in 

gallons; and. for building codes adopted 

thereafter. does not exceed the quantity 

of 2.3 + 67/V. expressed in percent per 

hour of the stored thermal energy. where 

V equals the volume of the water heater 

In ga11ons.-

- Texas' waler llealer ,lanclanl8'relerence the 

ANSI Siandard C'12.t-'1Ueet method and the ANSI 

Standard Z2UO.3-'14 leal method, DOE hal 

reviewed Ibeee tnl metboda and linda thai they 

differ from the DOE waler bealer le.1 procedure, 

The Departmenl ill treatin81hne leal melhod, al an Integral pat1 of Texa,' water heater alandarda for 

which exemption from preemption ill being soughL 

... The ASHRAE Standard 110-'15 water healer 

standards reference the ANSI Siandard C'12.1-'12 

Continued 
CE-CP-SPRM-AR006-STD-0020 COMMENT 03

Federal Register I Vol. 49. No. 181 I Monday. September 17. 1984 I Proposed Rules 364'73 

"For those localities in Texas that 

have-adopted building codes which are 

based on the ASHRAE Standard 9OA1980. electric storage water heaters shan 

have a atandby loss not exceeding • 

watts per square foot of tank surface. or43 watts. whichever is greater. Gas- and 

oil-fired storage water heaters with 

input ratings of 75.000 Btu per hour of 

less shall have a recovery efficiency not 

less than 75 percent aDd 8 standby 1088 

not exceeding the quantity of 2.3 + 6i' / 

V. expressed in percent per hour of the 

stored thermal energy. where V equals 

the rated volume of the water heaters 

gallons; Oll-fired water beaten with 

input ratings exceeding 75.000 Btu per 

hour are required to have a combustion 

efficiency not less than 80 percent. 

Additionally. oil-fired water heaters 

with input ratings exceeding 75.000 Btu 

per hour but less than 4.000 Btu per hour 

per gallon of self stored water are 

required to have a standby loss which. 

for building codes adopted prior to 

January 1. 1982. does not exceed the 

quantity 2.8 +0.OO2Q/V and. for 

building codes adopted thereafter. does 

not exceed the quantity 2.8 + 87/V, 

expressed in percent per hour of the 

stored thermal energy. where V equals 

the rated volume of the water heater. in 

gallons. and Q equals the rated input of 

the water heater. in Btu per hour . ..c 

"Room Air Conditioners and Central Air" 

Conditioners 

"Paragraph 69.78(a)(3) of the Rules of 

the State Department of Labor and 

Standards provides that room air . 

conditioners and central air conditioners 

shall have an energy effiCiency ratio not 

less than 6.8 Btu per watt-hour.uA 

"For those localities in Texas that 

have adpoted building codes which 

based on the ASHRAE Standard 90-75. 

room and central air conditioners are 

required to have an energy efficiency 

ratio which. for building codes adopted 

after January 1.1977. but before January 

teIIt method and the ANSI Standard l21.t03-74 test 

method. DOE bee reviewed these teat methoda and 

finds that they differ from the DOE water beater teIIt 

procedure. The Department ie trealiJl8 thue telt 

methods al an integral part of the water heater 

atandarda nf thoae Texa.localitiel for which 

exemption from preemption ie belDs -shL 

"" The ASHRAE Standard 9OA-1980 water beater 

atandarda reference the DOE water beater teat 

procedure. 

... Texal' room air conditioner standard 

references the ANSI Standard 1234.1-72 leat method 

wbich DOE adopted al Ita telt procedure for room 

air conditionefl. Texal' central air conditioner 

ltandard references the ARI Standard 210-75 tell 

method. DOE bal reviewed thi. lelt method and 

finds that it diffefl from the DOE central air 

conditioner telt procedure. The Department II 

trealiJl8 theee teat methodl ae an integral part of 

"exaa room air conditioner and central air 

~ lIditioner ltandardl for which exemption from 

preemption II belDs aougbL 

L.198O, ill Dot leu than 8.t Bta per watthour; and for building codes adopted. 

thereafter. is not le81 than 8.8' Btu per 

watt-hour .... 

"For those localities in Texas that 

have adopted building codes which are 

based on the ASHRAE Standard BOA1980, room and central air conditioners 

are required to have an energy 

efficiency ratio not Ins than 8.8 Btu per 

watt-hour.-

"Paragraph 89.18(a)(3) of the Rules of 

. the State Deparbnent of Labor and 

Standards provides that furnacea ahall 

have a combustion efficiency not leaa 

than 15 percent.-

For those localities in Texas that have 

adopted building codes which are based 

on the ASHRAE Standard 9G-75,· 

fumaces shall have a combustion 

efficiency not less than 75 percent at 

maximum rated output .... 

"For those localities in Texas that 

have adopted building codes which are 

based on the ASHRAE Standard BOA1980, fumaces shall have a steady atate 

combustion efficiency not less than 74 

percent. except for gravity central 

fumaces which shall have steady state 

combustion efficiency not less than 69 

percent.-

• .. The ASHRAE Standard 90-75. room aIr 

conditioner ltandard references the ANSI Standard 

Z234.1-72 tell method wbich DOE adopted aa Ita 

teat procedure for room air conditionet'll. The 

ASHRAE Standard 90-75 central air conditioner 

atandard references the ARI Standard 210-75 teat 

method. DOE bal reviewed Ibi, telt method and 

finds that it diffefl from the DOE central air 

conditioner teat procedure. The Department II 

treatins thele telt methoda aa an Inlegral part of the 

room air conditioner and central air conditioner 

atandarda of thOle Texal localitiea for wbich 

exemption from preemption ie bein8 aoushL 

- The ASHRAE Standard 9OA-1980 room aIr 

conditioner atandard reference. the ANSI Standard 

Z234.1-72 teat method which DOE adopted al Ita 

telt procedure for room air conditionefl. The . ASHRAE Standard 9OA-1980 central air conditioner 

atandard referencea the DOE central air conditioner leal procedure. 

... Texaa' furnace atandardl reference the ANSI 

Standard ZZ1.13-74 tell method. the ANSI Slandard 

Z2l.47-71 teat method. and the HI Standard 8.6. leat 

method. DOE bal reviewed thele lell methode and 

finds thaI the)' differ from the DOE fumace telt 

procedure. The Department IItrealing theae 

methoda at an inlegral part of Tex.s· furnace 

atandarda for which exemption from preemption il 

bema aougbL . 

.. The ASHRAE Standard 90-75. furnace 

standarda reference the ANSI Standard Z2l.t3-74 

teIIt method. the ANSI Standard Z2l.47-71leat 

method. and the HI Standard 8..6. telt method. DOE 

hal reviewed thete telt methoda and finds that the), 

differ from the DOE furnace telt procedure. The 

Department il trealing theae telt methods al an 

Inlegral part of the furnace atandard& of th<JM 

Texallocalitiee for which axemption from 

preemption being aousht. 

- The ASHRAE Standard 8OA-1980 furnace 

ltandarda reference the DOE furnace teat procedure. 

"2. Significant State interest _ 

"The petition states that it is in the 

best interest of the State to continue to 

utilize its resources as efficiently 8S 

possible due to its declining domestic oD 

production and the contir.'Jed instab11ity 

of OPEC oil supplies. The local units of 

government believe that minimum . 

appliance efficiency standards are ill the 

beat economic interest of their citizens 

and that exisfing minimum standards 

provide reasonable paybacks on the 

additional first cosL 

"3. Additional Information 

"The petition states that the State has 

determined that enforcement of 

minimum appliance efficiency standards 

developed through a concensus 

approach is the most effective means of 

regulation without placing an undue 

burden on interstate commerce. 

"The petition further states that 

preemption of local building codes is 

unnecessarily disruptive to local 

commerce and the local power to 

govern. These local governments believe 

that enforcement of these standards is 

the most effective means of regulation 

without placing an undue burden on 

interstate commerce. 

"4. Proposed Determination 

"DOE has reviewed Texas' petition in 

accordance with the requirements of 

section 327(b)(3) of the Act and I 430.47 

of the regulation. Based on its analysis. 

DOE has determined that Texas has 

provided prima facie evidence showing 

that paragraph 69.78(a)(3) of the Rules of 

the State Department of Labor and 

Standards and the building code 

ordinances of 49 localities within the 

State are more stringent than DOE's 

rules for water heaters. room air 

conditioners. central air conditioners 

and fumaces; are justified by a 

significant State interest; and do not 

appear to impose an undue burden on 

interstate commerce. Accordingly. DOE 

propolles to issue a rule amending 

I 430.33 exempting paragraph 69.78(a)(3) 

of the Rules of the State Department of 

Labor and Standards and the building 

code ordinances of 49 localities within 

Texas from the preemptive provisions of 

aection 321(a)(2)(A) of the Act." 

3. The proposed amendments to 10 

CFR 430.33 are COlTected by revising the 

introductory text of paragraphs (e)(15).·· 

(£)(15). (8)(16) and (h)(16) to read as 

follows: 

f 430.33 PreemptIon of State regulatIonS. 

* * • • • 

(e)· • • (15) Texas Department of Labor and 

Standards Rules, paragraph 69.78(a)(3). 
CE-CP-SPRM-AR006-STD-0020 COMMENT 03

36474 Federal Register I Vol. 49. No. 181 I Monday. September 11. 1984 I Proposed Rules 

Ipretaining to water heaters in the 

constrUction of modular homes that are covered products. is exempt from 

preemption. The building codes of the 

following localities in Texas. pertaining 

to water heaters that are covered 

products. are exempt from preemption: 

* ." " " 

(f)" .. .. . .. . 

(15) Texas Department of Labor and· 

Standards Rules. paragraph 6O.78(a)(3). 

pertaining to room air conditionerS in 

the construction of modular homes that 

are covered products. is exempt from 

preemption. The building codes of the 

.. 

following localities in Texas. pertaining 

torotim air conditioners that are 

covered products are exempt from 

preemPtion: 

.. .. .. .. .. (S) .... " 

(16) Texas Department of Labor and 

Standards Rules. paragraph 69.78(a)(3) 

pertaining to central air conditioners in 

the construction of modular homes that 

. are covered products. is exempt from 

preemption. The building codes of the 

following localities in Texas. pertaining 

to central air conditioners that are 

covered products. exempt from 

preemption: 

" .. ~. .. . (h)" ..... . 

(16) Texas Department of Labor and 

Standards Rules. paragraph 69(a)(3). 

pertaining to fumaces in the 

construction of modular homes that are 

covered products. is exempt from 

preemption. The building codes of the 

following localities in Texas. pertaining 

to furnaces that are covered products . are exempt from preemption: • • * • • 

(PIt Doc. .... 2Isoe Filecl ... ,_; 11:45_1 

-.uIII8 COOlE ..... , .. 

'.