### \ 

## 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)EPARTMENT OF ENERGY



### mice of Conservation 

### and '-' enewable 

### Energy

10 CfR Part430 [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 Refrigerator

### Freezers, freezers, Water Heaters, Room Air Conditioners, central AIr 'Conditioners, Furnaces and Kitchen Ranges and Ovens, CorreCtIon

AGENCY: Office ofConservation and Renewable Energy. DOE.
ACTION: Proposed rules correction.

SUMMARY: This documentcorrects errors made in the proposed rules to grant 26 State petitions for exemption from Federal preemption ofState standards pertaining to the energy efficiency or energy use ofrefrigerators and refrigerator-freezers, freezers. water 'heaters. room air conditioners. central air conditioners. furnaces and kitchen ranges and ovens appearing at and following page 32944 ofthe August 17. 1984. Federal Register (Vol. 49, No. 161).
DATES: Written comments on the proposed rules must be received by the Departmentby November 15. 1984. Oral views. data and arguments may be presented at any ofthe public hearings listed on page 32976 ofthe 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 ofEnergy. Office of Conservation and Renewable Energy. Office ofHearings 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 ofConservation 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

ofEnergy, Office ofGeneral Counsel. Mail Station 

### GC-1Z. Room 68-128. Forrestal Building, 1000 Independence Avenue SW

.. Washington. D.C. 

### 20585. (202) 252-9513**~.** U.S. DepartmentofEnergy.**~**

Conservation and Renewable Energy! 

### Office ofHearings andDockets. Room 68-025. ForrestalBuilding. 1000 Independence Avenue, SW

.. (202) 25%- -9319.

.. . ".

l8Iued inWashington. D.c.. September", 1984. '.tCollina, ActingAssistantSecretary. Conservation ond RenewableEnergy.

.

-The following corrections aremade to FR Doc. 84-21684 appearing on page 32944 ofthe August 17, 1984. Federal Register (Vol 49. No. 161): .:. •

1. On page 32944, column two. under the beading

### ADDRESSES, and. onpage 32976. column one, first ,Paragraph; the starting time ofall publicbearings 

### is corrected to be 9:30 a.m.**~**

2. On page 32964. colWllli three. last paragraph, the discussion ofthe-petition lubmittedby the State ofTexas (which concludes onpage 32965, column two)

### is corrected to read as follows:

_

"TEXAS (TX022). Thepetition '. submitted by Texas· seeks a rule exempting from Federal preemption Paragraph 69.78{a)(3) ofthe Rules ofthe State Department ofLabor and

- Standards and the building code ordinances of49 localities as they pertain to the energy effiCiency ofwater heatera. room and central air conditioners and furnaces. Paragrapb 69.78(a)(3) ofthe Rules ofthe State Department ofLabor 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' petitionincludes

a list identifying the 49 localities that 'have energy efficiency requirements incorporated into their building codes.

. For each ofthese localities, Texas'

petition identifies the building code adopted by the locality (BOCA.ICBO. or SBCC). the date ofthe edition ofthe 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 ofits construction standards for modular homes as theypertain to

• Texas' petition walreceived by letter dated December 20. 18113, and aIIIeIIded by leiter daled AU(III8I '1. 19M. .waterheaters. room air conditioners. central air conditioners, and furnaces. and the building codes. ofthe 49 localities for whichTexas bad petitioned. See Section430.33 (e)(lS), (f)(15). (g}(16). and (h)(lB) oftoday's proposedrule for a listing ofthe localities ofTexas with-building code energy efficiency requirements pertaining to waterheaters. room air' eonditioners. central air conditioners and furnaces. respectively, which DOE is proposing to exempt from Federal luperse88ion.


### "1. StandardLevels


### "WaterHeaters

"Paragraph 69.7B{a){3) ofthe Rules of the StateDepartment ofLabor and Standardsprovides that electric storage waterheaters shall have a standbyloss
not exceeding 4 watts per square fo9t of tank surface area; and that gas- and

.oil-fired storage waterheaters shall have a recorvery efficiency not less than 75 percent and a atandby-loss not exceeding the quantity of2.3 

## + 67/V. expressed inpercent perbour ofthe stored thermal energy. where

# -v equals the rated storage capacity in gallons.-

"Forthose localities inTexas that have adopted building codes which are based on the ASHRAE Standard90-75. electric storage waterheaters 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 waterheaters



### 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 of4.3 

## + 67/V. expressed inpercent perhour ofthe 8tored thermal energy. where V equals the volume ofthe waterheater in gallons; and. for building codes adopted thereafter. does not exceed the quantity of 2.3 

## + 67/V. expressed in percent per hour ofthe stored thermal energy. where 

### V equals the volume ofthe 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 walerbealer le.1 procedure, The Departmenl ill treatin81hne leal melhod, al an Integral pat1 ofTexa,' waterheater 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

### 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 Standard9OA1980. electric storage waterheaters shan have a atandby loss not exceeding• watts per square foot of

### tank surface. or43 watts. whichever is greater. Gas- 

### and oil-fired storage waterheaters with input ratings of75.000 Btu perhour

### of less shall have a recovery efficiency not less than 75 percent aDd 8 standby 1088 not exceeding the quantity of2.3 

## + 6i' / V. expressedin percent perhour of

### the stored thermal energy. whereV equals the rated volume ofthe 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 waterheaters with input ratings exceeding 75.000 Btu perhourbut less than 4.000 Btu perhour per gallon ofself 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 ofthe stored thermal energy. where V equals the rated volume ofthe waterheater. in gallons. and Q equals the rated input of the water heater. in Btu perhour

. 

### ..c
"RoomAirConditioners andCentralAir" 

### Conditioners

"Paragraph 69.78(a)(3) ofthe Rules of the State Department ofLabor 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 waterbeaterteIIt procedure. The Department ie trealiJl8 thue telt methods al an integral part ofthe waterheater atandarda nf thoae Texa.localitiel for which exemption from preemption ie belDs 

### -shL

""The ASHRAE Standard 9OA-1980 waterbeater atandarda reference the DOE waterbeater teat procedure.

...Texal' room air conditioner standard references the ANSI Standard 1234.1-72 leat method wbich DOE adopted al Ita teltprocedure 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; andfor building codes adopted. thereafter. is

### not

### le81 than 8.8'Btu 

### per watt-hour

....

"For those localities inTexas that have adopted building codes which 

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

arerequired to have an energy efficiency ratio not Ins than 8.8 Btu per watt-hour.-

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

. the State Deparbnent ofLabor and

Standards provides that furnacea ahall have a combustion efficiency not leaa than 15 percent.-

For those localities inTexas that have adopted building codes which 

### are based

onthe ASHRAE Standard 9G-75,· fumaces shall have a combustion efficiency not less than 75 percent at maximum rated output

....

"For those localities inTexas 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 ofthe

room air conditioner and central air conditioner atandarda ofthOle Texal localitiea for wbich exemption from preemption ie bein8 aoushL

- The ASHRAE Standard9OA-1980 room aIr conditioner atandard reference. the ANSI Standard Z234.1-72 teat method which DOE adopted al Ita telt procedure for room airconditionefl. The

. ASHRAE Standard 9OA-1980 central air conditioner

atandard referencea the DOE central air conditioner lealprocedure.

...Texaa' furnace atandardl reference the ANSI StandardZZ1.13-74 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 ofTex.s· furnace atandarda for which exemption from preemption il bema aougbL

.

..The ASHRAE Standard90-75. 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 teltprocedure. The Department il trealing theae telt methods al an Inlegral part ofthe furnace atandard& ofth<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

_ "Thepetition states that itis in the best interest ofthe State to continue to 

### utilize its resources as efficiently 8S possible due to 

### its declining domestic oD production and the contir.'Jed instab11ity ofOPEC 

### oil supplies. The local units of government believe that minimum

. appliance efficiency standards are 

### ill the beat economic interest oftheir 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 oflocal building codes is unnecessarily disruptive to local

commerce and the local power to govern. These local governments believe that enforcement ofthese standards is the most effective means ofregulation without placing an undue burden on interstate commerce.
"4. Proposed Determination

"DOEhas reviewed Texas'petition in accordance with the requirements of section 327(b)(3) ofthe Act and 

### I 430.47 ofthe 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 ofLabor and Standards and the building code ordinances of49 localities within the State are more stringent than DOE's rules for waterheaters. 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) ofthe Rules ofthe State Department of Labor and Standards and the building code ordinances of49 localities within Texas from the preemptive provisions of aection 321(a)(2)(A) ofthe Act."

3. The proposed amendments to 10 CFR 430.33 are COlTected by revising the introductory text ofparagraphs (e)(15).·· (£)(15). (8)(16) and (h)(16) to read as follows:


### f 430.33 PreemptIon of State regulatIonS. 

### * * 

## • 

## • •

(e)· • • (15) Texas Department ofLabor and Standards Rules, paragraph 69.78(a)(3).

### 36474 

### Federal Register 

# I Vol. 49. No. 181 

# I Monday. September 11. 1984 

# I Proposed Rules

Ipretaining to waterheaters in

### the constrUction ofmodular homes that are covered products. is exemptfrom preemption. The building codes ofthe following localities in

### Texas. pertaining to waterheaters that are covered products. are exempt from preemption: * 

## ." " "

(f)"

.. .. . .. . 

### (15) TexasDepartment ofLabor and· Standards Rules. paragraph 6O.78(a)(3). pertaining 

### to room air conditionerS in 

### the construction ofmodular homes that

are covered products. is exempt from preemption. The building codes ofthe



# .. following localities in

### Texas. pertaining torotim air conditioners that are coveredproducts are exempt from preemPtion:



# .. .. 

# .. .. 

# ..

(S)

.... " 

### (16) Texas Department ofLabor and Standards Rules. paragraph 69.78(a)(3) pertaining to central air conditioners in 

### the construction ofmodular homes that

.are covered products. is exempt from preemption. The building codes 

### ofthe following localities in

### Texas. pertaining 

### to central air conditioners that are covered products. exempt from preemption: 

### " 

# ..**~.** 

# .. .

(h)"

..... . 

### (16) Texas Department ofLabor and Standards Rules. paragraph 69(a)(3). pertaining to fumaces in 

### the construction ofmodular homes that are covered products. is exempt from preemption. The building codes ofthe following localities in

### Texas. pertaining
to furnaces that are covered products

. are exempt from preemption: 

### • • * • •

(PIt Doc.

....

### 2IsoeFilecl

... ,_;11:45_1
-.uIII8 COOlE

..... , ..

'.