### Department of Energy Washington, DC 20585 March 23, 2009

Mr. Dalbir Sandev President Empire Comfort System, Inc. P.O. Box 529 Belleville, IL 62222-0529 RE: Request for information regarding possible standby and offmode energy use for unvented heaters Dear Mr. Sandev: As you may know, section 310 ofthe Energy Independence and Security Act of2007 (EISA 2007), Pub. L. 110-140, amended the Energy Policy and Conservation Act (EPCA). In the relevant part, EISA 2007 requires the U.S. Department ofEnergy (DOE) to amend, if technically feasible, all DOE test procedures for covered consumer products to account for standby mode and offmode energy consumption. (A briefdescription ofEISA 2007, along with the relevant legislative language, is provided as Attachment A.) Ofparticular note here, the legislation requires DOE to amend the test procedure for direct heating equipment (ofwhich unvented heaters are one subcategory) by March 31, 20I

### O. By way ofbackground, the unvented heater test procedure is found at Title 10 ofthe Code ofFederal Regulations (10 CFR) 430.23(g) and 10 CFR part 430, subpart B, appendix G. This procedure applies to both electric and fossil-fueled unvented heaters. This procedure only requires measurement ofinput energy rate (e.g. Btu'slhour). Output energy rate is simply equated to input energy rate. This energy rate is converted by mathematical constants to either dollars per million Btu's output and/or annual energy consumption. (Annual energy consumption is calculated only for electric heaters that are the primary heating source for the entire house. Supplemental heaters and unvented heaters using either natural gas, propane, oroil only require calculation ofdollars per million Btu's.) As currently written, this procedure generally reflects the lack ofany appreciable energy performance difference among models of this product subcategory. To date, this product subcategory has not been subject to any labeling requirements or energy conservation standards. As mentioned above, pursuant to EISA 2007, DOE must now include provisions to measure standby and offmode energy use in the test procedures used for these and many other products. This brings up the question ofwhether unvented heaters use energy in standby offmodes. DOE anticipates that such test procedure amendments could identitY an opportunity for energy performance improvements in unvented heater models. DOE is interested in gathering information that will help it to fulfill the requirements ofEPCA, as amended, without causing undue burden to the industry. DOE realizes that this product subcategory presents a unique set ofcircumstances when addressing EISA 2007, particularly regarding the EISA 2007 provisions on energy conservation standards. First, unlike other test procedures, appendix G does not include energy efficiency or energy use metrics that would allow for the integration ofstandby and offmode energy use. As 

# *

Printed with soy ink on recycled papera consequence, there currently exists no basis to establish what EISA 2007 would call a single or integrated standard for unvented heaters. Second, standby mode energy use (defined as energy use during the heating season when the heater is not on) could be considered as effective in heating the space as active mode energy use. Therefore, DOE is evaluating the appropriateness ofmeasuring this energy use or its possible inclusion in an energy conservation standard. Finally, offmode energy consumption (defined as non-heating season energy consumption) could be considered energy use and, accordingly, could be minimized by prescribing a separate energy conservation standard. However, defining a representative off mode for this subcategory is difficult because ofthe lack ofdata on consumer use. Specifically, DOE is not currently aware ofdata on the fraction ofthe year heaters are unplugged orotherwise disconnected from the energy source, and the extent to which pilot lights are turned offduring the non-heating season. This unique set ofcircumstances forms the basis ofthis inquiry. Definitions To aid in responding to the questions below, the following definitions of"active mode," "standby mode," and "offmode" apply:

• "Active mode" is the period during the heating season when the burner or heating element is on.

• "Standby mode" is the period during the heating season when the main burner or heating element is not on.

• "Offmode" is the entire non-heating season, unless there is disconnection from the energy source. The duration ofthe heating and non-heating seasons for these products can be assumed to be the same as the representative values used for all other DOE test procedures for heating products, i.e., 4 I60 hours heating season and 4600 hours non-heating season. One complication for this subcategory is the possibility ofthe product being placed out ofservice during the heating season. This possibility would impact the accounting ofoffmode and standby mode. For example, these out-of-service hours during the heating season could be debated as more appropriately offmode rather that standby mode. Nonetheless, rather than sorting out this complication at this time, DOE believes the above proposed simplified definitions are sufficient to allow for informative answers to the following questions. However, your views on this complication are welcome. Questions In light ofthe above, DOE would appreciate your answers to the following questions: I. Do you manufacture, and are you aware ofother manufacturer models of, fossil-fueled unvented heaters that have measurable fossil-fueled standby and offmode energy use (e.g., pilot lights)? Ifso, what is your estimate ofthe range ofthe energy use rates for such models (btulhour)?2. Do you manufacture, and are you aware ofother manufacturer models of, fossil-fueled unvented heaters that have measurable electrical standby and offmode energy use? lfso what is your estimate ofthe range ofenergy use rate (walts)? 3. Do you manufacture, and are you aware ofother manufacturer models of, electric unvented heaters that have measurable electric standby and offmode energy use? Ifso what is your estimate ofthe range ofenergy use rate (watts)? 4. Ideally, the ranges ofenergy use rates above could be converted to ranges ofannual consumption values ifa reasonably representative range ofannual hours ofoffmode usage can be defined. Are you aware ofdata or studies that would aid DOE in defining representative annual hours ofoffmode use for the types ofproducts discussed above? If so, please identify them and add your thoughts on the accuracy and relevance ofthe data. 5. Absent DOE-prescribed representative hours ofoffmode, what is your view about a limited test procedure that only requires measurement and disclosure ofenergy use rate (i.e., wattage and/or pilot light btu/hour)? Additionally, what is your view on a potential subsequent regulation based only on energy use rate? 6. Is the Standard 62301 ofthe International Electrotechnical Commission, Household ElectricalAppliances

- Measurement of Standby Power, sufficient and appropriate to measure electric standby and/or offmode energy use rate? In your answer, please explain why they are, or not, sufficient. DOE requests that answers be provided not later than April 8, 2009, in order to allow the Department sufficient time to incorporate such information into its test procedure rulemaking for direct heating equipment, which is being conducted pursuant to EISA 2007. It is important to note that the current ongoing standards rulemaking for direct heating equipment will not be impacted by the possible test procedure amendments discussed here. Should you have any questions, please feel free to contact Mohammed Khan ofmy staffat (202) 586-7892. Sincerely,

# ~~/;;;~ Supervisor--Regulatory Appliance Standards Building Technologies Program Energy Efficiency and Renewable Energy

EnclosureATTACHMENT A

The Energy Independence and Security Act of2007 (EISA 2007), Pub. L. 110-140, amended the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.; EPCA), and in relevant part, directs DOE to amend its test procedures to include measures ofstandby mode and offmode energy consumption, unless such measures are already fully incorporated in the current test procedure orwould be technically infeasible to prescribe (EISA 2007, section 310; 42 U.S.c. 6295(gg)(2)(A)). The EISA 2007 amendments to EPCA further direct DOE to amend the test procedures to integrate such energy consumption into the overall energy efficiency, energy consumption, orother energy descriptor for that product. Ifamending the test procedure in this

manner is technically infeasible, DOE must prescribe a separate standby mode and offmode energy use test procedure, iftechnically feasible. Any such amendment must consider the most current versions ofthe International Electrotechnical Commission (IEC) Standard 62301 and IEC Standard 62087. For residential waterheaters, direct heating equipment, and pool heaters, DOE must prescribe any such amendment to the test procedures by March 31,2010. (EISA 2007, section 310; 42 U.S.C. 6295(gg)(2)(B)(v))

Unvented heaters are a class ofdirect heating equipment. DOE's test procedure currently does not include provisions for measuring or accounting for "standby mode" or "offmode" energy use, as defined by EISA 2007. Accordingly, the test procedure would need to be amended to include such accounting.

Legislative language from EISA 2007"(2) TESTPROCEDURES "(A) TNGENERAL.--Testproceduresfor all coveredproducts shall be amendedpursuant to section 323 to include standby mode andoff mode energy consumption, taking into consideration the most current versions o{Standards 62301 and 62087of the InternationalElectrotechnical Commission, with such energy consumption integrated into the overallenergy efficiency, energy consumption, orother energy descriptor for each coveredproduct, unless the SecretOlYdetermines that "(i) the current testproceduresfor a coveredproduct already fully accountfor and incorporate the standby mode andoff mode energy consumption of the coveredproduct; or "(Ii) such an integratedtestprocedure is technically infeasiblefor aparticularcoveredproduct, in which case the Secretary shallprescribe a separate standby mode andoff mode energy use testprocedurefor the coveredproduct, 

### if technicallyfeasible. "(B) DEADLINES--The testprocedure amendments requiredby subparagraph (A) shall be prescribedin afinal rule no later than thefollowing dates:

"(i) December31, 2008,for battery chargers andexternalpowersupplies. "(Ii) March 31, 2009,for clothes dryers, room air conditioners, and fluorescent lamp ballasts. "(iii) June 30, 2009,for residential clothes washers. "(iv) September30, 2009,forresidential furnaces andboilers. "(v) March 31, 20l0,for residential water heaters, direct heating equipment, andpool heaters. "(vi) March 31, 2011,for residentialdishwashers, ranges andovens, microwave ovens, and dehumidifiers. "(C) PRIOR PRODUCTST ANDARDS--The testprocedure amendments adoptedpursuant to subparagraph (B) shall not be usedto determine compliance withproductstandards established prior to the adoption of the amended testprocedures."(3) INCORPORATIONINTO STANDARD. "(A) INGENERAL.--Subject to subparagraph (8), basedon the testprocedures required under paragraph (2), any final rule establishing orrevising a standardfor a coveredproduct, adopted afterJuly I, 2010, shall incorporate standby mode andoff mode energy use into a single amendedornewstandard, pursuant to subsection (0), 

### if feasible. "(B) SEPARATESTANDARDS.--ljnot feasible. the Secretary shallprescribe within thefinal rule a separate standard for standby mode andoff mode energy consumption, 

### if justified under subsection (0).

### Department of Energy Washington, DC 20585 March 23, 2009

Mr. Bill Lasko President Lasko Products, INC 620 Lincoln Ave West Chester, PA 19380-4469 RE: Request for infonnation regarding possible standby and offmode energy use for unvented heaters Dear Mr. Lasko: As you may know, section 310 ofthe Energy Independence and Security Act of2007 (EISA 2007), Pub. L. 110-140, amended the Energy Policy and Conservation Act (EPCA). In the relevant part, EISA 2007 requires the U.S. Department ofEnergy (DOE) to amend, if technically feasible, all DOE test procedures for covered consumer products to account for standby mode and offmode energy consumption. (A briefdescription ofEISA 2007, along with the relevant legislative language, is provided as Attachment A.) Ofparticular note here, thc legislation requires DOE to amend the test procedure for direct heating equipment (ofwhich unvented heaters are one subcategory) by March 31, 20 JO. By way ofbackground, the unvented heatertest procedure is found at Title 10 ofthe Code ofFederal Regulations (10 CFR) 430.23(g) and 10 CFR part 430, subpart B, appendix G. This procedure applies to both electric and fossil-fueled unvented heaters. This procedure only requires measurement ofinput energy rate (e.g. Btu's!hour). Output energy rate is simply equated to input energy rate. This energy rate is converted by mathematical constants to either dollars per million Btu's output and/or annual energy consumption. (Annual energy consumption is calculated only for electric heaters that are the primary heating source for the entire house. Supplemental heaters and unvented heaters using either natural gas, propane, or oil only reqllire calculation ofdollars per million Btu's.) As currently written, this procedure generally reflects the lack ofany appreciable energy perfonnance difference among models of this product subcategory. To date, this product subcategory has not been subject to any labeling requirements or energy conservation standards. As mentioned above, pursuant to EISA 2007, DOE must now include provisions to measure standby and offmode energy use in the test procedures used for these and many otherproducts. This brings up the question ofwhether unvented heaters use energy in standby offmodes. DOE anticipates that such test procedure amendments could identify an opportunity for energy perfonnance improvements in unvented heater models. DOE is interested in gathering infonnation that will help it to fulfill the requirements ofEPCA, as amended, without causing undue burden to the industry. DOE realizes that this product subcategory presents a unique set ofcircumstances when addressing EISA 2007, particularly regarding the EISA 2007 provisions on energy conservation standards. First, unlike othertest procedures, appendix G does not include energy efficiency or energy use metrics that would allow for the integration ofstandby and offmode energy use. As 

# *

Printed with soy ink on recycled papera consequence, there currently exists no basis to establish what EISA 2007 would call a single or integrated standard for unvented heaters. Second, standby mode cnergy use (defined as energy use during the heating season when the heater is not on) could be considered as effective in heating the space as active mode energy use. Therefore, DOE is evaluating the appropriateness ofmeasuring this energy use or its possible inclusion in an energy conservation standard. Finally, offmode energy consumption (defined as non-heating season energy consumption) could be considered energy use and, accordingly, could be minimized by prescribing a separate energy conservation standard. However, defining a representative off mode for this subcategory is difficult because ofthe lack ofdata on consumer use. Specifically, DOE is not currently aware ofdata on the fraction ofthe year heaters are unplugged or otherwise disconnected from the energy source, and the extent to which pilot lights are turned offduring the non-heating season. This unique set ofcircumstances forms the basis ofthis inquiry. Definitions To aid in responding to the questions below, the following definitions of"active mode," "standby mode," and "offmode" apply:

• "Active mode" is the period during the heating season when the burner or heating element is on.

• "Standby mode" is the period during the heating season when the main burner or heating element is not on.

• "Offmode" is the entire non-heating season, unless there is disconnection from the energy source. The duration ofthe heating and non-heating seasons for these products can be assumed to be the same as the representative values used for all other DOE test procedures for heating products, i.e., 4160 hours heating season and 4600 hours non-heating season. One complication for this subcategory is the possibility ofthe product being placed out ofservice during the heating season. This possibility would impact the accounting ofoffmode and standby mode. For example, these out-of-serviee hours during the heating season could be debated as more appropriately offmode ratherthat standby mode. Nonetheless, rather than sorting out this complication at this time, DOE believes the above proposed simplified definitions are sufficient to allow for informative answers to the following questions. However, your views on this complication are welcome. Ouestions In light ofthe above, DOE would appreciate your answers to the following questions: I. Do you manufacture, and are you aware ofother manufacturer models of, fossil-fueled unvented heaters that have measurable fossil-fueled standby and offmode enerl,'Y use (e.g., pilot lights)? Ifso, what is your estimate ofthe range ofthe energy use rates for such models (btu/hour)?2. Do you manufacture, and are you aware ofother manufacturer models of, fossil-fueled unvented heaters that have measurable electrical standby and offmode energy use? Ifso what is your estimate ofthe range ofenergy use rate (watts)? 3. Do you manufacture, and are you aware ofother manufacturer models of, electric unvented heaters that have measurable electric standby and offmode energy use? Ifso what is your estimate ofthe range ofenergy use rate (watts)? 4. Ideally, the ranges ofenergy use rates above could be converted to ranges ofannual consumption values ifa reasonably representative range ofannual hours ofoffmode usage can be defined. Are you aware ofdata or studies that would aid DOE in defining representative annual hours ofoffmode use for the types ofproducts discussed above? If so, please identify them and add yourthoughts on the accuracy and relevance ofthe data. 5. Absent DOE-prescribed representative hours ofoffmode, what is your view about a limited test procedure that only requires measurement and disclosure ofenergy use rate (i.e., wattage and/or pilot light btu/hour)? Additionally, what is your view on a potential subsequent regulation based only on energy use rate? 6. Is the Standard 62301 ofthe International Electrotechnical Commission, Household ElectricalAppliances

- Measurement of Standby Power, sufficient and appropriate to measure electric standby and/or offmode energy use rate? In your answer, please explain why they are, or not, sufficient. DOE requests that answers be provided not laterthan April 8, 2009, in order to allow the Department sufficient time to incorporate such infonnation into its test procedure rulemaking for direct heating equipment, which is being conducted pursuant to EISA 2007. It is important to note that the current ongoing standards rulemaking for direct heating equipment will not be impacted by the possible test procedure amendments discussed here. Should you have any questions, please feel free to contact Mohammed Khan ofmy staffat (202) 586-7892. Sincerely,

Ronald P. Lewis Supervisor--Regulatory Appliance Standards Building Technologies Program Energy Efficiency and Renewable Energy

EnclosureATTACHMENT A

The Energy Independence and Security Act of2007 (EISA 2007), Pub. L. 110-140, amended the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.; EPCA), and in relevant part, directs DOE to amend its test procedures to include measures ofstandby mode and offmode energy consumption, unless such measures are already fully incorporated in the current test procedure orwould be technically infeasible to prescribe (EISA 2007, section 310; 42 U.S.c. 6295(gg)(2)(A)). The EISA 2007 amendments to EPCA further direct DOE to amend the test procedures to integrate such energy consumption into the overall energy efficiency, energy consumption, orother energy descriptor for that product. Ifamending the test procedure in this

manner is technically infeasible, DOE must prescribe a separate standby mode and offmode energy use test procedure, iftechnically feasible. Any such amendment must consider the most current versions ofthe International Electrotechnical Commission (IEC) Standard 62301 and IEC Standard 62087. For residential waterheaters, direct heating equipment, and pool heaters, DOE must prescribe any such amendment to the test procedures by March 31,2010. (EISA 2007, section 310; 42 U.S.C. 6295(gg)(2)(B)(v))

Unvented heaters are a class ofdirect heating equipment. DOE's test procedure currently does not include provisions for measuring or accounting for "standby mode" or "offmode" energy use, as defined by EISA 2007. Accordingly, the test procedure would need to be amended to include such accounting.

Legislative language from EISA 2007"(2) TESTPROCEDURES "(A) TNGENERAL.--Testproceduresfor all coveredproducts shall be amendedpursuant to section 323 to include standby mode andoff mode energy consumption, taking into consideration the most current versions o{Standards 62301 and 62087of the InternationalElectrotechnical Commission, with such energy consumption integrated into the overallenergy efficiency, energy consumption, orother energy descriptor for each coveredproduct, unless the SecretOlYdetermines that "(i) the current testproceduresfor a coveredproduct already fully accountfor and incorporate the standby mode andoff mode energy consumption of the coveredproduct; or "(Ii) such an integratedtestprocedure is technically infeasiblefor aparticularcoveredproduct, in which case the Secretary shallprescribe a separate standby mode andoff mode energy use testprocedurefor the coveredproduct, 

### if technicallyfeasible. "(B) DEADLINES--The testprocedure amendments requiredby subparagraph (A) shall be prescribedin afinal rule no later than thefollowing dates:

"(i) December31, 2008,for battery chargers andexternalpowersupplies. "(Ii) March 31, 2009,for clothes dryers, room air conditioners, and fluorescent lamp ballasts. "(iii) June 30, 2009,for residential clothes washers. "(iv) September30, 2009,forresidential furnaces andboilers. "(v) March 31, 20l0,for residential water heaters, direct heating equipment, andpool heaters. "(vi) March 31, 2011,for residentialdishwashers, ranges andovens, microwave ovens, and dehumidifiers. "(C) PRIOR PRODUCTST ANDARDS--The testprocedure amendments adoptedpursuant to subparagraph (B) shall not be usedto determine compliance withproductstandards established prior to the adoption of the amended testprocedures."(3) INCORPORATIONINTO STANDARD. "(A) INGENERAL.--Subject to subparagraph (8), basedon the testprocedures required under paragraph (2), any final rule establishing orrevising a standardfor a coveredproduct, adopted afterJuly I, 2010, shall incorporate standby mode andoff mode energy use into a single amendedornewstandard, pursuant to subsection (0), 

### if feasible. "(B) SEPARATESTANDARDS.--ljnot feasible. the Secretary shallprescribe within thefinal rule a separate standard for standby mode andoff mode energy consumption, 

### if justified under subsection (0).

### Department of Energy Washington, DC 20585 March 23, 2009

Mr. Richard Mudd President Louisville Tin and Stove Company, Inc. P.O. Box 2767 Louisville, KY 40201-2767 RE: Request for information regarding possible standby and offmode energy use for unvented heaters Dear Mr. Mudd: As you may know, section 310 ofthe Energy Independence and Security Act of2007 (EISA 2007), Pub. 

### L. 110-140, amended the Energy Policy and Conservation Act (EPCA). In the relevant part, EISA 2007 requires the U.S. Department ofEnergy (DOE) to amend, if technically feasible, all DOE test procedures for covered consumer products to account for standby mode and offmode energy consumption. (A briefdescription ofEISA 2007, along with the relevant legislative language, is provided as Attachment A.) Ofparticular note here, the legislation requires DOE to amend the test procedure for direct heating equipment (ofwhich unvented heaters are one subcategory) by March 31, 2010. By way ofbackground, the unvented heater test procedure is found at Title 10 ofthe Code ofFederal Regulations (10 CFR) 430.23(g) and 10 CFR part 430, subpart B, appendix G. This procedure applies to both electric and fossil-fueled unvented heaters. This procedure only requires measurement ofinput energy rate (e.g. Btu'slhour). Output energy rate is simply equated to input energy rate. This energy rate is converted by mathematical constants to either dollars per million Btu's output and/or annual energy consumption. (Annual energy consumption is calculated only for electric heaters that are the primary heating source for the entire house. Supplemental heaters and unvented heaters using either natural gas, propane, oroil only require calculation ofdollars per million Btu's.) As currently written, this procedure generally reflects the lack ofany appreciable energy performance difference among models of this product subcategory. To date, this product subcategory has not been subject to any labeling requirements or energy conservation standards. As mentioned above, pursuant to EISA 2007, DOE must now include provisions to measure standby and offmode energy use in the test procedures used for these and many otherproducts. This brings up the question ofwhether unvented heaters use energy in standby offmodes. DOE anticipates that such test procedure amendments could identify an opportunity for energy performance improvements in unvented heater models. DOE is interested in gathering information that will help it to fulfill the requirements ofEPCA, as amended, without causing undue burden to the industry. DOE realizes that this product subcategory presents a unique set ofcircumstances when addressing EISA 2007, particularly regarding the EISA 2007 provisions on energy conservation standards. First, unlike other test procedures, appendix G does not include energy efficiency or energy use metrics that would allow for the integration ofstandby and offmode energy use. As 

# (i) Printed with soy ink on recycled papera consequence, there currently exists no basis to establish what EISA 2007 would call a single or integrated standard for unvented heaters. Second, standby mode energy use (defined as energy use during the heating season when the heater is not on) could be considered as effective in heating the space as active mode energy use. Therefore, DOE is evaluating the appropriateness ofmeasuring this energy use or its possible inclusion in an energy conservation standard. Finally, offmode energy consumption (defined as non-heating season energy consumption) could be considered energy use and, accordingly, could be minimized by prescribing a separate energy conservation standard. However, defining a representative off mode for this subcategory is difficult because ofthe lack ofdata on consumer use. Specifically, DOE is not currently aware ofdata on the fraction ofthe year heaters are unplugged or otherwise disconnected from the energy source, and the extent to which pilot lights are turned offduring the non-heating season. This unique set ofcircumstances forms the basis ofthis inquiry. Definitions To aid in responding to the questions below, the following definitions of"active mode," "standby mode," and "offmode" apply:

• "Active mode" is the period during the heating season when the burneror heating element is on.

• "Standby mode" is the period during the heating season when the main burner or heating element is not on.

• "Offmode" is the entire non-heating season, unless there is disconnection from the energy source. The duration ofthe heating and non-heating seasons for these products can be assumed to be the same as the representative values used for all other DOE test procedures for heating products, i.e., 4160 hours heating season and 4600 hours non-heating season. One complication for this subcategory is the possibility ofthe product being placed out ofservice during the heating season. This possibility would impactthe accounting ofoffmode and standby mode. For example, these out-of-service hours during the heating season could be debated as more appropriately offmode rather that standby mode. Nonetheless, rather than sorting out this complication at this time, DOE believes the above proposed simplified definitions are sufficient to allow for informative answers to the following questions. However, your views on this complication are welcome. Questions In light ofthe above, DOE would appreciate your answers to the following questions: I. Do you manufacture, and are you aware ofother manufacturer models of, fossil-fueled unvented heaters that have measurable fossil-fueled standby and offmode energy use (e.g., pilot lights)? (fso, what is your estimate ofthe range ofthe energy use rates for such models (btulhour)?2. Do you manufacture, and are you aware ofother manufacturer models of, fossil-fueled unvented heaters that have measurable electrical standby and offmode energy use? Ifso what is your estimate ofthe range ofenergy use rate (watts)? 3. Do you manufacture, and are you aware ofother manufacturer models of, electric unvented heaters that have measurable electric standby and offmode energy use? Ifso what is your estimate ofthe range ofenergy use rate (watts)? 4. Ideally, the ranges ofenergy use rates above could be converted to ranges ofannual consumption values ifareasonably representative range ofannual hours ofoffmode usage can be defined. Are you aware ofdata or studies that would aid DOE in defining representative annual hours ofoffmode use for the types ofproduets discussed above? If so, please identify them and add your thoughts on the accuracy and relevance ofthe data. 5. Absent DOE-prescribed representative hours ofoffmode, what is your view about a limited test procedure that only requires measurement and disclosure ofenergy use rate (i.e., wattage and/or pilot light btu/hour)? Additionally, what is your view on a potential subsequent regulation based only on energy use rate? 6. Is the Standard 6230I ofthe International Electrotechnical Commission, Household ElectricalAppliances

- Measurement of Standby Power, sufficient and appropriate to measure electric standby and/or offmode energy use rate? In your answer, please explain why they are, or not, sufficient. DOE requests that answers be provided not later than April 8, 2009, in order to allow the Department sufficient time to incorporate such information into its test procedure rulemaking for direct heating equipment, which is being conducted pursuant to EISA 2007. It is important to note that the current ongoing standards rulemaking for direct heating equipment will not be impacted by the possible test procedure amendments discussed here. Should you have any questions, please feel free to contact Mohammed Khan ofmy staffat (202) 586-7892. Sincerely,

# ~~/--'- Supervisor--Regulatory Appliance Standards Building Technologies Program Energy Efficiency and Renewable Energy

EnclosureATTACHMENT A

The Energy Independence and Security Act of2007 (EISA 2007), Pub. L. 110-140, amended the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.; EPCA), and in relevant part, directs DOE to amend its test procedures to include measures ofstandby mode and offmode energy consumption, unless such measures are already fully incorporated in the current test procedure orwould be technically infeasible to prescribe (EISA 2007, section 310; 42 U.S.c. 6295(gg)(2)(A)). The EISA 2007 amendments to EPCA further direct DOE to amend the test procedures to integrate such energy consumption into the overall energy efficiency, energy consumption, orother energy descriptor for that product. Ifamending the test procedure in this

manner is technically infeasible, DOE must prescribe a separate standby mode and offmode energy use test procedure, iftechnically feasible. Any such amendment must consider the most current versions ofthe International Electrotechnical Commission (IEC) Standard 62301 and IEC Standard 62087. For residential waterheaters, direct heating equipment, and pool heaters, DOE must prescribe any such amendment to the test procedures by March 31,2010. (EISA 2007, section 310; 42 U.S.C. 6295(gg)(2)(B)(v))

Unvented heaters are a class ofdirect heating equipment. DOE's test procedure currently does not include provisions for measuring or accounting for "standby mode" or "offmode" energy use, as defined by EISA 2007. Accordingly, the test procedure would need to be amended to include such accounting.

Legislative language from EISA 2007"(2) TESTPROCEDURES "(A) TNGENERAL.--Testproceduresfor all coveredproducts shall be amendedpursuant to section 323 to include standby mode andoff mode energy consumption, taking into consideration the most current versions o{Standards 62301 and 62087of the InternationalElectrotechnical Commission, with such energy consumption integrated into the overallenergy efficiency, energy consumption, orother energy descriptor for each coveredproduct, unless the SecretOlYdetermines that "(i) the current testproceduresfor a coveredproduct already fully accountfor and incorporate the standby mode andoff mode energy consumption of the coveredproduct; or "(Ii) such an integratedtestprocedure is technically infeasiblefor aparticularcoveredproduct, in which case the Secretary shallprescribe a separate standby mode andoff mode energy use testprocedurefor the coveredproduct, 

### if technicallyfeasible. "(B) DEADLINES--The testprocedure amendments requiredby subparagraph (A) shall be prescribedin afinal rule no later than thefollowing dates:

"(i) December31, 2008,for battery chargers andexternalpowersupplies. "(Ii) March 31, 2009,for clothes dryers, room air conditioners, and fluorescent lamp ballasts. "(iii) June 30, 2009,for residential clothes washers. "(iv) September30, 2009,forresidential furnaces andboilers. "(v) March 31, 20l0,for residential water heaters, direct heating equipment, andpool heaters. "(vi) March 31, 2011,for residentialdishwashers, ranges andovens, microwave ovens, and dehumidifiers. "(C) PRIOR PRODUCTST ANDARDS--The testprocedure amendments adoptedpursuant to subparagraph (B) shall not be usedto determine compliance withproductstandards established prior to the adoption of the amended testprocedures."(3) INCORPORATIONINTO STANDARD. "(A) INGENERAL.--Subject to subparagraph (8), basedon the testprocedures required under paragraph (2), any final rule establishing orrevising a standardfor a coveredproduct, adopted afterJuly I, 2010, shall incorporate standby mode andoff mode energy use into a single amendedornewstandard, pursuant to subsection (0), 

### if feasible. "(B) SEPARATESTANDARDS.--ljnot feasible. the Secretary shallprescribe within thefinal rule a separate standard for standby mode andoff mode energy consumption, 

### if justified under subsection (0).

### Department of Energy Washington, DC 20585 March 23, 2009

Mr. Dave Barrett President Monessen Hearth Systems, Inc. 149 Cleveland Drive Paris, KY 40301-9782 RE: Request for information regarding possible standby and offmode energy use for unvented heaters Dear Mr. Barrett: As you may know, section 310 ofthe Energy Independence and Security Act of2007 (EISA 2007), Pub. L. 110-140, amended the Energy Policy and Conservation Act (EPCA). In the relevant part, EISA 2007 requires the U.S. Department ofEnergy (DOE) to amend, if technically feasible, all DOE test procedures for covered consumer products to account for standby mode and offmode energy consumption. (A briefdescription ofEISA 2007, along with the relevant legislative language, is provided as Attachment A.) Ofparticular note here, the legislation requires DOE to amend the test procedure for direct heating equipment (ofwhich unvented heaters are one subcategory) by March 31, 20IO. By way ofbackground, the unvented heatertest procedure is found at Title 10 ofthe Code ofFederal Regulations (10 CFR) 430.23(g) and 10 CFR part 430, subpart B, appendix G. This procedure applies to both electric and fossil-fueled unvented heaters. This procedure only requires measurement ofinput energy rate (e.g. Btu's!hour). Output energy rate is simply equated to input energy rate. This energy rate is converted by mathematical constants to either dollars per million Btu's output and/or annual energy consumption. (Annual energy consumption is calculated only for electric heaters that are the primary heating source for the entire house. Supplemental heaters and unvented heaters using either natural gas, propane, or oil only require calculation ofdollars per million Btu's.) As currently written, this procedure generally reflects the lack ofany appreciable energy performance difference among models of this product subcategory. To date, this product subcategory has not been subject to any labeling requirements or energy conservation standards. As mentioned above, pursuant to EISA 2007, DOE must now include provisions to measure standby and offmode energy use in the test procedures used for these and many otherproducts. This brings up the question ofwhether unvented heaters use energy in standby offmodes. DOE anticipates that such test procedure amendments could identify an opportunity for energy performance improvements in unvented heatermodels. DOE is interested in gathering information that will help it to fulfill the requirements ofEPCA, as amended, without causing undue burden to the industry. DOE realizes that this product subcategory presents a unique set ofcircumstances when addressing EISA 2007, particularly regarding the EISA 2007 provisions on energy conservation standards. First, unlike othertest procedures, appendix G does not include energy efficiency or energy use metrics that would allow for the integration ofstandby and offmode energy use. As 

# *

Printed with soy ink on recycled paper.a consequence, there currently exists no basis to establish what EISA 2007 would call a single or integrated standard for unvented heaters. Second, standby mode energy use (defined as energy use during the heating season when the heater is not on) could be considered as effective in heating the space as active mode energy use. Therefore, DOE is evaluating the appropriateness ofmeasuring this energy use or its possible inclusion in an energy conservation standard. Finally, offmode energy consumption (defined as non-heating season energy consumption) could be considered energy use and, accordingly, could be minimized by prescribing a separate energy conservation standard. However, defining a representative off mode for this subcategory is difficult because ofthe lack ofdata on consumer use. Specifically, DOE is not currently aware ofdata on the fraction ofthe year heaters are unplugged orotherwise disconnected from the energy source, and the extent to which pilot lights are turned offduring the non-heating season. This unique set ofcircumstances forms the basis ofthis inquiry. Definitions To aid in responding to the questions below, the following definitions of"active mode," "standby mode," and "offmode" apply:

• "Active mode" is the period during the heating season when the burner or heating element is on. • "Standby mode" is the period during the heating season when the main burner or heating element is not on. • "Offmode" is the entire non-heating season, unless there is disconnection from the energy source. The duration ofthe heating and non-heating seasons for these products can be assumed to be the same as the representative values used for all other DOE test procedures for heating products, i.e., 4160 hours heating season and 4600 hours non-heating season. One complication for this subcategory is the possibility ofthe product being placed out ofservice during the heating season. This possibility would impact the accounting ofoffmode and standby mode. For example, these out-of-service hours during the heating season could be debated as more appropriately offmode rather that standby mode. Nonetheless, rather than sorting out this complication at this time, DOE believes the above proposed simplified definitions are sufficient to allow for informative answers to the following questions. However, your views on this complication are welcome. Questions In light ofthe above, DOE would appreciate your answers to the following questions: I. Do you manufacture, and are you aware ofother manufacturer models of, fossil-fueled unvented heaters that have measurable fossil-fueled standby and offmode energy use (e.g., pilot lights)? Ifso, what is your estimate ofthe range ofthe energy use rates for such models (btu/hour)?2. Do you manufacture, and are you aware ofother manufacturcr models of, fossil-fuelcd unvented heaters that have measurable electrical standby and offmode energy use? Ifso what is your estimate ofthe range ofenergy use rate (walts)? 3. Do you manufacture, and are you aware ofother manufacturer models of, electric unvented heaters that have measurable electric standby and offmode energy use? Ifso what is your estimate ofthe range ofencrgy use rate (walts)? 4. Ideally, thc ranges ofenergy use rates above could be converted to ranges ofannual consumption values ifareasonably representative range ofannual hours ofoffmode usage can be defined. Are you aware ofdata or studies that would aid DOE in defining representative annual hours ofoffmode use for the types ofproducts discussed above? If so, picase identify them and add yourthoughts on the accuracy and relevance ofthe data. 5. Absent DOE-prescribed representative hours ofoffmode, what is your view about a limited test procedure that only requires measurement and disclosure ofenergy use rate (i.e., wattage and/or pilot light btulhour)? Additionally, what is your view on a potential subsequent regulation based only on energy use rate? 6. Is the Standard 62301 ofthe International Electrotechnical Commission, Household ElectricalAppliances

- Measurement

## 0/ Standby Power, sufficient and appropriate to measure electric standby and/or offmode energy use rate? In your answer. please cxplain why they are, or not, sufficient. DOE requests that answers be provided not later than April 8,2009, in order to allow the Department sufficient time to incorporate such infonnation into its test procedure rulemaking for direct heating equipment, which is being conducted pursuant to EISA 2007. It is important to note that the current ongoing standards rulemaking for direct heating equipment will not be impacted by the possible test procedure amendments discussed here. Should you have any questions, please feel free to contact Mohammed Khan ofmy staffat (202) 586-7892. Sincerely,

# L~(/~ Supervisor--Regulatory Appliance Standards Building Technologies Program Energy Efficiency and Renewablc Energy

EnclosurcATTACHMENT A

The Energy Independence and Security Act of2007 (EISA 2007), Pub. L. 110-140, amended the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.; EPCA), and in relevant part, directs DOE to amend its test procedures to include measures ofstandby mode and offmode energy consumption, unless such measures are already fully incorporated in the current test procedure orwould be technically infeasible to prescribe (EISA 2007, section 310; 42 U.S.c. 6295(gg)(2)(A)). The EISA 2007 amendments to EPCA further direct DOE to amend the test procedures to integrate such energy consumption into the overall energy efficiency, energy consumption, orother energy descriptor for that product. Ifamending the test procedure in this

manner is technically infeasible, DOE must prescribe a separate standby mode and offmode energy use test procedure, iftechnically feasible. Any such amendment must consider the most current versions ofthe International Electrotechnical Commission (IEC) Standard 62301 and IEC Standard 62087. For residential waterheaters, direct heating equipment, and pool heaters, DOE must prescribe any such amendment to the test procedures by March 31,2010. (EISA 2007, section 310; 42 U.S.C. 6295(gg)(2)(B)(v))

Unvented heaters are a class ofdirect heating equipment. DOE's test procedure currently does not include provisions for measuring or accounting for "standby mode" or "offmode" energy use, as defined by EISA 2007. Accordingly, the test procedure would need to be amended to include such accounting.

Legislative language from EISA 2007"(2) TESTPROCEDURES "(A) TNGENERAL.--Testproceduresfor all coveredproducts shall be amendedpursuant to section 323 to include standby mode andoff mode energy consumption, taking into consideration the most current versions o{Standards 62301 and 62087of the InternationalElectrotechnical Commission, with such energy consumption integrated into the overallenergy efficiency, energy consumption, orother energy descriptor for each coveredproduct, unless the SecretOlYdetermines that "(i) the current testproceduresfor a coveredproduct already fully accountfor and incorporate the standby mode andoff mode energy consumption of the coveredproduct; or "(Ii) such an integratedtestprocedure is technically infeasiblefor aparticularcoveredproduct, in which case the Secretary shallprescribe a separate standby mode andoff mode energy use testprocedurefor the coveredproduct, 

### if technicallyfeasible. "(B) DEADLINES--The testprocedure amendments requiredby subparagraph (A) shall be prescribedin afinal rule no later than thefollowing dates:

"(i) December31, 2008,for battery chargers andexternalpowersupplies. "(Ii) March 31, 2009,for clothes dryers, room air conditioners, and fluorescent lamp ballasts. "(iii) June 30, 2009,for residential clothes washers. "(iv) September30, 2009,forresidential furnaces andboilers. "(v) March 31, 20l0,for residential water heaters, direct heating equipment, andpool heaters. "(vi) March 31, 2011,for residentialdishwashers, ranges andovens, microwave ovens, and dehumidifiers. "(C) PRIOR PRODUCTST ANDARDS--The testprocedure amendments adoptedpursuant to subparagraph (B) shall not be usedto determine compliance withproductstandards established prior to the adoption of the amended testprocedures."(3) INCORPORATIONINTO STANDARD. "(A) INGENERAL.--Subject to subparagraph (8), basedon the testprocedures required under paragraph (2), any final rule establishing orrevising a standardfor a coveredproduct, adopted afterJuly I, 2010, shall incorporate standby mode andoff mode energy use into a single amendedornewstandard, pursuant to subsection (0), 

### if feasible. "(B) SEPARATESTANDARDS.--ljnot feasible. the Secretary shallprescribe within thefinal rule a separate standard for standby mode andoff mode energy consumption, 

### if justified under subsection (0).

### Department of Energy Washington, DC 20585 March 23,2009

Oreck Corporation 565 Marriott Drive Suite 300 Nashville, TN 37214-5022 Attn: Marketing Department RE: Request for information regarding possible standby and offmode energy use for unvented heaters To Whom It May Concern: As you may know, section 310 ofthe Energy Independence and Security Act of2007 (EISA 2007), Pub. L. 110-140, amended the Energy Policy and Conservation Act (EPCA). In the relevant part, EISA 2007 requires the U.S. Department ofEnergy (DOE) to amend, if technically feasible, all DOE test procedures for covered consumer products to account for standby mode and offmode energy consumption. (A briefdescription ofEISA 2007, along with the relevant legislative language, is provided as Attachment A.) Ofparticular note here, the legislation requires DOE to amend the test procedure for direct heating equipment (ofwhich unvented heaters are one subcategory) by March 31, 20IO. By way ofbackground, the unvented heater test procedure is found at Title 10 ofthe Code ofFederal Regulations (10 CFR) 430.23(g) and 10 CFR part 430, subpart B, appendix G. This procedure applies to both electric and fossil-fueled unvented heaters. This procedure only requires measurement ofinput energy rate (e.g. Btu'slhour). Output energy rate is simply equated to input energy rate. This energy rate is converted by mathematical constants to either dollars per million Btu's output and/or annual energy consumption. (Annual energy consumption is calculated only for electric heaters that are the primary heating source for the entire house. Supplemental heaters and unvented heaters using either natural gas, propane, or oil only require calculation ofdollarS per million Btu's.) As currently written, this procedure generally reflects the lack ofany appreciable energy performance difference among models of this product subcategory. To date, this product subcategory has not been subject to any labeling requirements or energy conservation standards. As mentioned above, pursuant to EISA 2007, DOE must now include provisions to measure standby and offmode energy use in the test procedures used for these and many otherproducts. This brings up the question ofwhether unvented heaters use energy in standby offmodes. DOE anticipates that such test procedure amendments could identify an opportunity for energy performance improvements in unvented heatermodels. DOE is interested in gathering information that will help it to fulfill the requirements ofEPCA, as amended, without causing undue burden to the industry. DOE realizes that this product subcategory presents a unique set ofcircumstances when addressing EISA 2007, particularly regarding the EISA 2007 provisions on energy conservation standards. First, unlike other test procedures, appendix G does not include energy efficiency or energy use metrics that would allow for the integration ofstandby and offmode energy usc. As 

# *

Printed with soy ink on recycled papera consequence, there currently exists no basis to establish what EISA 2007 would call a single or integrated standard for unvented heaters. Second, standby mode energy use (defined as energy use during the heating season when the heater is not on) could be considered as effective in heating the space as active mode energy use. Therefore, DOE is evaluating the appropriateness ofmeasuring this energy use or its possible inclusion in an energy conservation standard. Finally, offmode energy consumption (defined as non-heating season energy consumption) could be considered energy use and, accordingly, could be minimized by prescribing a separate energy conservation standard. However, defining a representative off mode for this subcategory is difficult because ofthe lack ofdata on consumer use. Specifically, DOE is not currently aware ofdata on the fraction ofthe year heaters are unplugged or otherwise disconnected from the energy source, and the extent to which pilot lights are turned offduring the non-heating season. This unique set ofcircumstances forms the basis ofthis inquiry. Definitions To aid in responding to the questions below, the following definitions of"active mode," "standby mode," and "offmode" apply:

• "Active mode" is the period during the heating season when the burner or heating clement is on. • "Standby mode" is the period during the heating season when the main burneror heating element is not on.
• "Offmode" is the entire non-heating season, unless there is disconnection from the energy source. The duration ofthe heating and non-heating seasons for these products can be assumed to be the same as the representative values used for all other DOE test procedures for heating products, i.e., 4160 hours heating season and 4600 hours non-heating season. One complication for this subcategory is the possibility ofthe product being placed out ofservice during the heating season. This possibility would impact the accounting ofoffmode and standby mode. For example, these out-of-service hours during the heating season could be debated as more appropriately offmode rather that standby mode. Nonetheless, rather than sorting out this complication at this time, DOE believes the above proposed simplified definitions are sufficient to allow for informative answers to the following questions. However, your views on this complication are welcome. Ouestions In light ofthe above, DOE would appreciate your answers to the following questions: I. Do you manufacture, and are you aware ofother manufacturer models of, fossil-fueled unvented heaters that have measurable fossil-fueled standby and offmode energy use (e.g., pilot lights)? [fso, what is your estimate ofthe range ofthe energy use rates for such models (btulhour)?2. Do you manufacture, and are you aware ofother manufacturer models of, fossil-fueled unvented heaters that have measurable electrical standby and offmode energy use? Ifso what is your estimate ofthe range ofenergy use rate (watts)? 3. Do you manufacture, and are you aware ofother manufacturer models of, electric unvented heaters that have measurable electric standby and offmode energy use? [fso what is your estimate ofthe range ofenergy use rate (watts)? 4. Ideally, the ranges ofenergy use rates above could be converted to ranges ofannual consumption values ifa reasonably representative range ofannual hours ofoffmode usage can be defined. Are you aware ofdata or studies that would aid DOE in defining representative annual hours ofoffmode use for the types ofproducts discussed above? If so, please identify them and add your thoughts on the accuracy and relevance ofthe data. 5. Absent DOE-prescribed representative hours ofoffmode, what is your view about a limited test procedure that only requires measurement and disclosure ofenergy use rate (i.e., wattage and/or pilot light btu/hour)? Additionally, what is your view on a potential subsequent regulation based only on energy use rate? 6. [s the Standard 6230I ofthe International Electrotechnical Commission, Household ElectricalAppliances

- Measurement of Standby Power, sufficient and appropriate to measure electric standby and/or offmode energy use rate? 

### In your answer, please explain why they are, or not, sufficient. DOE requests that answers be provided not later than April 8,2009, in order to allow the Department sufficient time to incorporate such information into its test procedure rulemaking for direct heating equipment, which is being conducted pursuant to EISA 2007. It is important to note that the current ongoing standards rulemaking for direct heating equipment will not be impacted by the possible test procedure amendments discussed here. Should you have any questions, please feel free to contact Mohammed Khan ofmy staffat (202) 586-7892. Sincerely,

# /~~~~> Ronald P. Lewis Supervisor--ReguIatory Appliance Standards Building Technologies Program Energy Efficiency and Renewable Energy

EnclosureATTACHMENT A

The Energy Independence and Security Act of2007 (EISA 2007), Pub. L. 110-140, amended the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.; EPCA), and in relevant part, directs DOE to amend its test procedures to include measures ofstandby mode and offmode energy consumption, unless such measures are already fully incorporated in the current test procedure orwould be technically infeasible to prescribe (EISA 2007, section 310; 42 U.S.c. 6295(gg)(2)(A)). The EISA 2007 amendments to EPCA further direct DOE to amend the test procedures to integrate such energy consumption into the overall energy efficiency, energy consumption, orother energy descriptor for that product. Ifamending the test procedure in this

manner is technically infeasible, DOE must prescribe a separate standby mode and offmode energy use test procedure, iftechnically feasible. Any such amendment must consider the most current versions ofthe International Electrotechnical Commission (IEC) Standard 62301 and IEC Standard 62087. For residential waterheaters, direct heating equipment, and pool heaters, DOE must prescribe any such amendment to the test procedures by March 31,2010. (EISA 2007, section 310; 42 U.S.C. 6295(gg)(2)(B)(v))

Unvented heaters are a class ofdirect heating equipment. DOE's test procedure currently does not include provisions for measuring or accounting for "standby mode" or "offmode" energy use, as defined by EISA 2007. Accordingly, the test procedure would need to be amended to include such accounting.

Legislative language from EISA 2007"(2) TESTPROCEDURES "(A) TNGENERAL.--Testproceduresfor all coveredproducts shall be amendedpursuant to section 323 to include standby mode andoff mode energy consumption, taking into consideration the most current versions of Standards 62301 and 62087of the InternationalElectrotechnical Commission, with such energy consumption integrated into the overallenergy efficiency, energy consumption, orother energy descriptor for each coveredproduct, unless the SecretOlYdetermines that "(i) the current testproceduresfor a coveredproduct already fully accountfor and incorporate the standby mode andoff mode energy consumption of the coveredproduct; or "(Ii) such an integratedtestprocedure is technically infeasiblefor aparticularcoveredproduct, in which case the Secretary shallprescribe a separate standby mode andoff mode energy use testprocedurefor the coveredproduct, 

### if technicallyfeasible. "(B) DEADLINES--The testprocedure amendments requiredby subparagraph (A) shall be prescribedin afinal rule no later than thefollowing dates:

"(i) December31, 2008,for battery chargers andexternalpowersupplies. "(Ii) March 31, 2009,for clothes dryers, room air conditioners, and fluorescent lamp ballasts. "(iii) June 30, 2009,for residential clothes washers. "(iv) September30, 2009,forresidential furnaces andboilers. "(v) March 31, 20l0,for residential water heaters, direct heating equipment, andpool heaters. "(vi) March 31, 2011,for residentialdishwashers, ranges andovens, microwave ovens, and dehumidifiers. "(C) PRIOR PRODUCTST ANDARDS--The testprocedure amendments adoptedpursuant to subparagraph (B) shall not be usedto determine compliance withproductstandards established prior to the adoption of the amended testprocedures."(3) INCORPORATIONINTO STANDARD. "(A) INGENERAL.--Subject to subparagraph (8), basedon the testprocedures required under paragraph (2), any final rule establishing orrevising a standardfor a coveredproduct, adopted afterJuly I, 2010, shall incorporate standby mode andoff mode energy use into a single amendedornewstandard, pursuant to subsection (0), 

### if feasible. "(B) SEPARATESTANDARDS.--ljnot feasible. the Secretary shallprescribe within thefinal rule a separate standard for standby mode andoff mode energy consumption, 

### if justified under subsection (0).

### Department of Energy Washington, DC 20585 March 23, 2009

Mr. Rett Rasmussen President Rasmussen Gas Logs 7 Grills 12028 East Philadelphia Street Whittier, CA 90601-3925 RE: Request for information regarding possible standby and offmode energy use for unvented heaters Dear Mr. Rasmussen: As you may know, section 310 ofthe Energy Independence and Security Act of2007 (EISA 2007), Pub. L. 110-140, amended the Energy Policy and Conservation Act (EPCA). In the relevant part, EISA 2007 requires the U.S. Department ofEnergy (DOE) to amend, if technically feasible, all DOE test procedures for covered consumer products to account for standby mode and offmode energy consumption. (A briefdescription ofEISA 2007, along with the relevant legislative language, is provided as Attachment A.) Ofparticular note here, the legislation requires DOE to amend the test procedure for direct heating equipment (ofwhich unvented heaters are one subcategory) by March 31, 20IO. By way ofbackground, the unvented heater test procedure is found at Title 10 ofthe Code ofFederal Regulations (10 CFR) 430.23(g) and 10 CFR part 430, subpart B, appendix G. This procedure applies to both electric and fossil-fueled unvented heaters. This procedure only requires measurement ofinput energy rate (e.g. Btu'slhour). Output energy rate is simply equated to input energy rate. This energy rate is converted by mathematical constants to either dollars per million Btu's output and/or annual energy consumption. (Annual energy consumption is calculated only for electric heaters that are the primary heating source for the entire house. Supplemental heaters and unvented heaters using either natural gas, propane, oroil only require calculation ofdollars per million Btu's.) As currently written, this procedure generally reflects the lack ofany appreciable energy performance difference among models of this product subcategory. To date, this product subcategory has not been subject to any labeling requirements or energy conservation standards. As mentioned above, pursuant to EISA 2007, DOE must now include provisions to measure standby and offmode energy use in the test procedures used for these and many other products. This brings up the question ofwhether unvented heaters use energy in standby offmodes. DOE anticipates that such test procedure amendments could identify an opportunity for energy performance improvements in unvented heater models. DOE is interested in gathering information that will help it to fulfill the requirements ofEPCA, as amended, without causing undue burden to the industry. DOE realizes that this product subcategory presents a unique set ofcircumstances when addressing EISA 2007, particularly regarding the EISA 2007 provisions on energy conservation standards. First, unlike other test procedures, appendix G does not include energy efficiency or energy use metrics that would allow for the integration ofstandby and offmode energy use. As 

# *

Printod with soy ink on recycled papera consequence, there currently exists no basis to establish what EISA 2007 would call a single or integrated standard for unvented heaters. Second, standby mode energy use (defined as energy use during the heating season when the heater is not on) could be considered as effective in heating the space as active mode energy use. Therefore, DOE is evaluating the appropriateness ofmeasuring this energy use or its possible inclusion in an energy conservation standard. Finally, offmode energy consumption (defined as non-heating season energy consumption) could be considered energy use and, accordingly, could be minimized by prescribing a separate energy conservation standard. However, defining a representative off mode for this subcategory is difficult because ofthe lack ofdata on consumer use. Specifically, DOE is not currently aware ofdata on the fraction ofthe yearheaters are unplugged or otherwise disconnected from the energy source, and the extent to which pilot lights are turned offduring the non-heating season. This unique set ofcircumstances forms the basis ofthis inquiry. Definitions To aid in responding to the questions below, the following definitions of"active mode," "standby mode," and "offmode" apply:

• "Active mode" is the period during the heating season when the burner or heating element is on.
• "Standby mode" is the period during the heating season when the main burner or heating element is not on.
• "Offmode" is the entire non-heating season, unless there is disconnection from the energy source. The duration ofthe heating and non-heating seasons for these products can be assumed to be the same as the representative values used for all other DOE test procedures for heating products, i.e., 4160 hours heating season and 4600 hours non-heating season. One complication for this subcategory is the possibility ofthe product being placed out ofservice during the heating season. This possibility would impact the accounting ofoffmode and standby mode. For example, these out-of-service hours during the heating season could be debated as more appropriately offmode ratherthat standby mode. Nonetheless, rather than sorting out this complication at this time, DOE believes the above proposed simplified definitions are sufficient to allow for informative answers to the following questions. However, your views on this complication arc welcome. Ouestions In light ofthe above, DOE would appreciate your answers to the following questions: I. Do you manufacture, and are you aware ofother manufacturer models of, fossil-fueled unvented heaters that have measurable fossil-fueled standby and offmode energy use (e.g., pilot lights)? lfso, what is your estimate ofthe range ofthe energy use rates for such models (btulhour)?2. Do you manufacture, and are you aware ofother manufacturer models of, fossil-fueled unvented heaters that have measurable electrical standby and offmode energy use? Ifso what is your estimate ofthe range ofenergy use rate (watts)? 3. Do you manufacture, and are you aware ofother manufacturer models of, electric unvented heaters that have measurable electric standby and offmode energy use? Ifso what is your estimate ofthe range ofenergy use rate (watts)? 4. Ideally, the ranges ofenergy use rates above could be converted to ranges ofannual consumption values ifa reasonably representative range ofannual hours ofoffmode usage can be defined. Are you aware ofdata or studies that would aid DOE in defining representative annual hours ofoffmode use for the types ofproducts discussed above? If so, please identify them and add your thoughts on the accuracy and relevance ofthe data. 5. Absent DOE-prescribed representative hours ofoffmode, what is your view about a limited test procedure that only requires measurement and disclosure ofenergy use rate (i.e., wattage and/or pilot light btu/hour)? Additionally, what is your view on a potential subsequent regulation based only on energy use rate? 6. Is the Standard 62301 ofthe International Electrotechnical Commission, Household ElectricalAppliances

- Measurement of Standby Power, sufficient and appropriate to measure electric standby and/or offmode energy use rate? In your answer, please explain why they are, or not, sufficient. DOE requests that answers be provided not later than April 8, 2009, in order to allow the Department sufficient time to incorporate such information into its test procedure rulemaking for direct heating equipment, which is being conducted pursuant to EISA 2007. It is important to note that the current ongoing standards rulemaking for direct heating equipment will not be impacted by the possible test procedure amendments discussed here. Should you have any questions, please feel free to contact Mohammed Khan ofmy staffat (202) 586-7892. Sincerely,

# ~~/c1~ Ronald P. Lewis Supervisor--Regulatory Appliance Standards Building Technologies Program Energy Efficiency and Renewable Energy

EnclosureATTACHMENT A

The Energy Independence and Security Act of2007 (EISA 2007), Pub. L. 110-140, amended the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.; EPCA), and in relevant part, directs DOE to amend its test procedures to include measures ofstandby mode and offmode energy consumption, unless such measures are already fully incorporated in the current test procedure orwould be technically infeasible to prescribe (EISA 2007, section 310; 42 U.S.c. 6295(gg)(2)(A)). The EISA 2007 amendments to EPCA further direct DOE to amend the test procedures to integrate such energy consumption into the overall energy efficiency, energy consumption, orother energy descriptor for that product. Ifamending the test procedure in this

manner is technically infeasible, DOE must prescribe a separate standby mode and offmode energy use test procedure, iftechnically feasible. Any such amendment must consider the most current versions ofthe International Electrotechnical Commission (IEC) Standard 62301 and IEC Standard 62087. For residential waterheaters, direct heating equipment, and pool heaters, DOE must prescribe any such amendment to the test procedures by March 31,2010. (EISA 2007, section 310; 42 U.S.C. 6295(gg)(2)(B)(v))

Unvented heaters are a class ofdirect heating equipment. DOE's test procedure currently does not include provisions for measuring or accounting for "standby mode" or "offmode" energy use, as defined by EISA 2007. Accordingly, the test procedure would need to be amended to include such accounting.

Legislative language from EISA 2007"(2) TESTPROCEDURES "(A) TNGENERAL.--Testproceduresfor all coveredproducts shall be amendedpursuant to section 323 to include standby mode andoff mode energy consumption, taking into consideration the most current versions o{Standards 62301 and 62087of the InternationalElectrotechnical Commission, with such energy consumption integrated into the overallenergy efficiency, energy consumption, orother energy descriptor for each coveredproduct, unless the SecretOlYdetermines that "(i) the current testproceduresfor a coveredproduct already fully accountfor and incorporate the standby mode andoff mode energy consumption of the coveredproduct; or "(Ii) such an integratedtestprocedure is technically infeasiblefor aparticularcoveredproduct, in which case the Secretary shallprescribe a separate standby mode andoff mode energy use testprocedurefor the coveredproduct, 

### if technicallyfeasible. "(B) DEADLINES--The testprocedure amendments requiredby subparagraph (A) shall be prescribedin afinal rule no later than thefollowing dates:

"(i) December31, 2008,for battery chargers andexternalpowersupplies. "(Ii) March 31, 2009,for clothes dryers, room air conditioners, and fluorescent lamp ballasts. "(iii) June 30, 2009,for residential clothes washers. "(iv) September30, 2009,forresidential furnaces andboilers. "(v) March 31, 20l0,for residential water heaters, direct heating equipment, andpool heaters. "(vi) March 31, 2011,for residentialdishwashers, ranges andovens, microwave ovens, and dehumidifiers. "(C) PRIOR PRODUCTST ANDARDS--The testprocedure amendments adoptedpursuant to subparagraph (B) shall not be usedto determine compliance withproductstandards established prior to the adoption of the amended testprocedures."(3) INCORPORATIONINTO STANDARD. "(A) INGENERAL.--Subject to subparagraph (8), basedon the testprocedures required under paragraph (2), any final rule establishing orrevising a standardfor a coveredproduct, adopted afterJuly I, 2010, shall incorporate standby mode andoff mode energy use into a single amendedornewstandard, pursuant to subsection (0), 

### if feasible. "(B) SEPARATESTANDARDS.--ljnot feasible. the Secretary shallprescribe within thefinal rule a separate standard for standby mode andoff mode energy consumption, 

### if justified under subsection (0).

### Department of Energy Washington, DC 20585 March 23, 2009 Mr. Ricovrei Managing Director Park 80 Plaza West Floor4 Saddle Brook, NJ 07663-5808 RE: Request for infonnation regarding possible standby and offmode energy use for unvented heaters Dear Mr. Ricovrei: As you may know, section 310 ofthe Energy Independence and Security Act of2007 (EISA 2007), Pub. 

### L. I 10-140, amended the Energy Policy and Conservation Act (EPCA). 

### In the relevantpart, EISA 2007 requires the U.S. Department ofEnergy (DOE) to amend, if technically feasible, all DOE test procedures for covered consumerproducts to account for standby mode and offmode energy consumption. (A briefdescription ofEISA 2007, along with the relevant legislative language, is provided as Attachment A.) Ofparticular note here, the legislation requires DOE to amend the test procedure for direct heating equipment (ofwhich unvented heaters are one subcategory) by March 31, 20IO. By way ofbackground, the unvented heatertest procedure is found at Title 10 ofthe Code ofFederal Regulations (10 CFR) 430.23(g) and 10 CFR part 430, subpart B, appendix G. This procedure applies to both electric and fossil-fueled unvented heaters. This procedure only requires measurement ofinput energy rate (e.g. Btu'slhour). Output energy rate is simply equated to input energy rate. This energy rate is converted by mathematical constants to either dollars per million Btu's output and/or annual energy consumption. (Annual energy consumption is calculated only for electric heaters that are the primary heating source for the entire house. Supplemental heaters and unvented heaters using eithernatural gas, propane, or oil only require calculation ofdollars per million Btu's.) As currently written, this procedure generally reflects the lack ofany appreciable energy perfonnance difference among models of this product subcategory. To date, this product subcategory has not been subject to any labeling requirements or energy conservation standards. As mentioned above, pursuant to EISA 2007, DOE must now include provisions to measure standby and offmode energy use in the test procedures used for these and many other products. This brings up the question ofwhether unvented heaters use energy in standby offmodes. DOE anticipates that such test procedure amendments could identify an opportunity for energy perfonnance improvements in unvented heatermodels. DOE is interested in gathering infonnation that will help it to fulfill the requirements ofEPCA, as amended, without causing undue burden to the industry. DOE realizes that this product subcategory presents a unique set ofcircumstances when addressing EISA 2007, particularly regarding the EISA 2007 provisions on energy conservation standards. First, unlike other testprocedures, appendix G does not include energy efficiency or energy use metrics that would allow for the integration ofstandby and offmode energy use. As a consequence, there currently exists no basis to establish what EISA 2007 would call a single or integrated standard for unvented heaters. 

# *

Printed with soy ink on recycled paperSecond, standby mode energy use (defined as energy use during the heating season when the heater is not on) could be considered as effective in heating the space as active mode energy use. Therefore, DOE is evaluating the appropriateness ofmeasuring this energy use or its possible inclusion in an energy conservation standard. Finally, offmode energy consumption (defined as non-heating season energy consumption) could be considered energy use and, accordingly, could be minimized by prescribing a separate energy conservation standard. However, defining a representative off mode for this subcategory is difficult because ofthe lack ofdata on consumer use. Specifically, DOE is not currently aware ofdata on the fraction ofthe year heaters are unplugged or otherwise disconnected from the energy source, and the extent to which pilot lights are turned offduring the non-heating season. This unique set ofcircumstances forms the basis ofthis inquiry. Definitions To aid in responding to the questions below, the following definitions of"active mode," "standby mode," and "offmode" apply:

• "Active mode" is the period during the heating season when the burner or heating element is on.

• "Standby mode" is the period during the heating season when the main burner or heating element is not on.

• "Offmode" is the entire non-heating season, unless there is disconnection from the energy source. The duration ofthe heating and non-heating seasons for these products can be assumed to be the same as the representative values used for all other DOE test procedures for heating products, i.e., 4160 hours heating season and 4600 hours non-heating season. One complication for this subcategory is the possibility ofthe product heing placed out ofservice during the heating season. This possibility would impact the accounting ofoffmode and standby mode. For example, these out-of-service hours during the heating season could be debated as more appropriately offmode rather that standby mode. Nonetheless, rather than sorting out this complication at this time, DOE believes the above proposed simplified definitions arc sufficient to allow for informative answers to the following questions. However, your views on this complication are welcome. Ouestions In light ofthe above, DOE would appreciate your answers to the following questions: I. Do you manufacture, and are you aware ofothermanufacturer models of, fossil-fueled unvented heaters that have measurable fossil-fueled standby and offmode energy use (e.g., pilot lights)? lfso, what is your estimate ofthe range ofthe energy use rates for such models (btu/hour)?2. Do you manufacture, and are you aware ofother manufacturermodels of, fossil-fueled unvented heaters that have measurable electrical standby and offmode energy use? Ifso what is your estimate ofthe range ofenergy use rate (watts)? 3. Do you manufacture, and are you aware ofother manufacturer models of, electric unvcnted heaters that have measurable electric standby and offmode energy use? Ifso what is your estimate ofthe range ofenergy use rate (watts)? 4. Ideally, the ranges ofenergy use rates above could be converted to ranges ofannual consumption values ifa reasonably representative range ofannual hours ofoffmode usage can be defined. Are you aware ofdata or studies that would aid DOE in defining representative annual hours ofoffmode use for the types ofproducts discussed above? If so, please identifY them and add your thoughts on the accuracy and relevance ofthe data. 5. Absent DOE-prescribed representative hours ofoffmode, what is your view about a limited test procedure that only requires measurement and disclosure ofenergy use rate (i.e., wattage and/orpilot light btu/hour)? Additionally, what is your view on a potential subsequent regulation based only on energy use rate? 6. Is the Standard 6230I ofthe International Electrotechnical Commission, Household ElectricalAppliances

- Measurement of Standby Power, sufficient and appropriate to measure electric standby and/or offmode energy use rate? In your answer, please explain why they are, or not, sufficient. DOE requests that answers be provided not later than April 8, 2009, in order to allow the Department sufficient time to incorporate such information into its test procedure rulemaking for direct heating equipment, which is being conducted pursuant to EISA 2007. It is important to note that the current ongoing standards rulemaking for direct heating equipment will not be impacted by the possible test procedure amendments discussed here. Should you have any questions, please feel free to contact Mohammed Khan ofmy staffat (202) 586-7892. Sincerely, 

# /'-P?/c Ronald P. Lewis Supervisor--Regulatory Appliance Standards Building Technologies Program Energy Efficiency and Renewable Energy

EnclosureATTACHMENT A

The Energy Independence and Security Act of2007 (EISA 2007), Pub. L. 110-140, amended the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.; EPCA), and in relevant part, directs DOE to amend its test procedures to include measures ofstandby mode and offmode energy consumption, unless such measures are already fully incorporated in the current test procedure orwould be technically infeasible to prescribe (EISA 2007, section 310; 42 U.S.c. 6295(gg)(2)(A)). The EISA 2007 amendments to EPCA further direct DOE to amend the test procedures to integrate such energy consumption into the overall energy efficiency, energy consumption, orother energy descriptor for that product. Ifamending the test procedure in this

manner is technically infeasible, DOE must prescribe a separate standby mode and offmode energy use test procedure, iftechnically feasible. Any such amendment must consider the most current versions ofthe International Electrotechnical Commission (IEC) Standard 62301 and IEC Standard 62087. For residential waterheaters, direct heating equipment, and pool heaters, DOE must prescribe any such amendment to the test procedures by March 31,2010. (EISA 2007, section 310; 42 U.S.C. 6295(gg)(2)(B)(v))

Unvented heaters are a class ofdirect heating equipment. DOE's test procedure currently does not include provisions for measuring or accounting for "standby mode" or "offmode" energy use, as defined by EISA 2007. Accordingly, the test procedure would need to be amended to include such accounting.

Legislative language from EISA 2007"(2) TESTPROCEDURES "(A) TNGENERAL.--Testproceduresfor all coveredproducts shall be amendedpursuant to section 323 to include standby mode andoff mode energy consumption, taking into consideration the most current versions o{Standards 62301 and 62087of the InternationalElectrotechnical Commission, with such energy consumption integrated into the overallenergy efficiency, energy consumption, orother energy descriptor for each coveredproduct, unless the SecretOlYdetermines that "(i) the current testproceduresfor a coveredproduct already fully accountfor and incorporate the standby mode andoff mode energy consumption of the coveredproduct; or "(Ii) such an integratedtestprocedure is technically infeasiblefor aparticularcoveredproduct, in which case the Secretary shallprescribe a separate standby mode andoff mode energy use testprocedurefor the coveredproduct, 

### if technicallyfeasible. "(B) DEADLINES--The testprocedure amendments requiredby subparagraph (A) shall be prescribedin afinal rule no later than thefollowing dates:

"(i) December31, 2008,for battery chargers andexternalpowersupplies. "(Ii) March 31, 2009,for clothes dryers, room air conditioners, and fluorescent lamp ballasts. "(iii) June 30, 2009,for residential clothes washers. "(iv) September30, 2009,forresidential furnaces andboilers. "(v) March 31, 20l0,for residential water heaters, direct heating equipment, andpool heaters. "(vi) March 31, 2011,for residentialdishwashers, ranges andovens, microwave ovens, and dehumidifiers. "(C) PRIOR PRODUCTST ANDARDS--The testprocedure amendments adoptedpursuant to subparagraph (B) shall not be usedto determine compliance withproductstandards established prior to the adoption of the amended testprocedures."(3) INCORPORATIONINTO STANDARD. "(A) INGENERAL.--Subject to subparagraph (8), basedon the testprocedures required under paragraph (2), any final rule establishing orrevising a standardfor a coveredproduct, adopted afterJuly I, 2010, shall incorporate standby mode andoff mode energy use into a single amendedornewstandard, pursuant to subsection (0), 

### if feasible. "(B) SEPARATESTANDARDS.--ljnot feasible. the Secretary shallprescribe within thefinal rule a separate standard for standby mode andoff mode energy consumption, 

### if justified under subsection (0).

### Department of Energy Washington. DC 20585 March 23, 2009 Mr. Ricovrei Managing Director 23600 Aurora Road Bedford Heights OH 44146-1712 RE: Request for information regarding possible standby and offmode energy use for unvented heaters Dear Mr. Ricovrei: As you may know, section 310 ofthe Energy independence and Security Act of2007 (EISA 2007), Pub. L. 110-140, amended the Energy Policy and Conservation Act (EPCA). In the relevant part, EISA 2007 requires the U.S. Department ofEnergy (DOE) to amend, if technically feasible, all DOE test procedures for covered consumerproducts to account for standby mode and offmode energy consumption. (A briefdescription ofEISA 2007, along with the relevant legislative language, is provided as Attachment A.) Ofparticular note here, the legislation requires DOE to amend the test procedure for direct heating equipment (ofwhich unvented heaters are one subcategory) by March 31, 20IO. By way ofbackground, the unvented heater test procedure is found at Title 10 ofthe Code ofFederal Regulations (10 CFR) 430.23(g) and 10 CFR part 430, subpart B, appendix G. This procedure applies to both electric and fossil-fueled unvented heaters. This procedure only requires measurement ofinput energy rate (e.g. Btu's!hour). Output energy rate is simply equated to input energy rate. This energy rate is converted by mathematical constants to either dollars per million Btu's output and/or annual energy consumption. (Annual energy consumption is calculated only for electric heaters that are the primary heating source for the entire house. Supplemental heaters and unvented heaters using eithernatural gas, propane, or oil only require calculation ofdollars permillion Btu's.) As currently written, this procedure generally reflects the lack ofany appreciable energy performance difference among models of this product subcategory. To date, this product subcategory has not been subject to any labeling requirements or energy conservation standards. As mentioned above, pursuant to EISA 2007, DOE must now include provisions to measure standby and offmode energy use in the test procedures used for these and many other products. This brings up the question ofwhether unvented heaters use energy in standby offmodes. DOE anticipates that such test procedure amendments could identitY an opportunity for energy performance improvements in unvented heater models. DOE is interested in gathering information that will help it to fulfill the requirements ofEPCA, as amended, without causing undue burden to the industry. DOE realizes that this product subcategory presents a unique set ofcircumstances when addressing EISA 2007, particularly regarding the EISA 2007 provisions on energy conservation standards. First, unlike other test procedures, appendix G does not include energy efficiency or energy use metrics that would allow for the integration ofstandby and offmode energy use. As a consequence, there currently exists no basis to establish what EISA 2007 would call a single or integrated standard for unvented heaters. 

# *

Printed with soy ink on recycled papera consequence, there currently exists no basis to establish what EISA 2007 would call a single or integrated standard for unvented heaters. Second, standby mode energy use (defined as energy use during the heating season when the heater is not on) could be considered as effective in heating the space as active mode energy use. Therefore, DOE is evaluating the appropriateness ofmeasuring this energy use or its possible inclusion in an energy conservation standard. Finally, offmode energy consumption (defined as non-heating season energy consumption) could be considered energy use and, accordingly, could be minimized by prescribing a separate energy conservation standard. However, defining a representative off mode for this subcategory is difficult because ofthe lack ofdata on consumer use. Specifically, DOE is not currently aware ofdata on the fraction ofthe year heaters are unplugged orotherwise disconnected from the energy source, and the extent to which pilot lights are turned offduring the non-heating season. This unique set ofcircumstances forms the basis ofthis inquiry. Definitions To aid in responding to the questions below, the following definitions of"active mode," "standby mode," and "offmode" apply:

• "Active mode" is the period during the heating season when the burner or heating element is on.
• "Standby mode" is the period during the heating season when the main burner or heating element is not on.
• "Offmode" is the entire non-heating season, unless there is disconnection from the energy source. The duration ofthe heating and non-heating seasons for these products can be assumed to be the same as the representative values used for all other DOE test procedures for heating products, i.e., 4160 hours heating season and 4600 hours non-heating season. One complication for this subcategory is the possibility ofthe product being placed out ofservice during the heating season. This possibility would impact the accounting ofoffmode and standby mode. For example, thesc out-of-service hours during the heating season could be debated as more appropriately offmode rather that standby mode. Nonetheless, rather than sorting out this complication at this time, DOE believes the above proposed simplified definitions are sufficient to allow for informative answers to the following questions. However, your views on this complication are welcome. Ouestions In light ofthe above, DOE would appreciate your answers to the following questions: I. Do you manufacture, and are you aware ofother manufacturer models of, fossil-fueled unvented heaters that have measurable fossil-fueled standby and offmode energy use (e.g., pilot lights)? lfso, what is your estimate ofthe range ofthe energy use rates for such models (btu/hour)?2. Do you manufacture, and are you aware ofother manufacturer models of, fossil-fueled unvented heaters that have measurable electrical standby and offmode energy use? Ifso what is your estimate ofthe range ofenergy use rate (watts)? 3. Do you manufacture, and are you aware ofother manufacturer models of, electric unvented heaters that have measurable electric standby and offmode energy use? Ifso what is your estimate ofthe range ofenergy use rate (watts)? 4. Ideally, the ranges ofenergy use rates above could be converted to ranges ofannual consumption values ifa reasonably representative range ofannual hours ofoffmode usage can be defined. Are you aware ofdata or studies that would aid DOE in defining representative annual hours ofoffmode use for the types ofproducts discussed above? If so, please identify them and add yourthoughts on the accuracy and relevance ofthe data. 5. Absent DOE-prescribed representative hours ofoffmode, what is your view about a limited test procedure that only requires measurement and disclosure ofenergy use rate (i.e., wattage and/or pilot light btu/hour)? Additionally, what is your view on a potential subsequent regulation based only on energy use rate? 6. Is the Standard 62301 ofthe International Electrotechnical Commission, Household ElectricalAppliances

- Measurement of Standby Power, sufficient and appropriate to measure electric standby and/or offmode energy use rate? In your answer, please explain why they are, or not, sufficient. DOE requests that answers be provided not laterthan April 8, 2009, in order to allow the Department sufficient time to incorporate such infonnation into its test procedure rulemaking for direct heating equipment, which is being conducted pursuant to EISA 2007. It is important to note that the current ongoing standards rulemaking for direct heating equipment will not be impacted by the possible test procedure amendments discussed here. Should you have any questions, please feel free to contact Mohammed Khan ofmy staffat (202) 586-7892. Sincerely,

Ronald P. Lewis Supervisor--Regulatory Appliance Standards Building Technologies Program Energy Efficiency and Renewable Energy

EnclosureATTACHMENT A

The Energy Independence and Security Act of2007 (EISA 2007), Pub. L. 110-140, amended the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.; EPCA), and in relevant part, directs DOE to amend its test procedures to include measures ofstandby mode and offmode energy consumption, unless such measures are already fully incorporated in the current test procedure orwould be technically infeasible to prescribe (EISA 2007, section 310; 42 U.S.c. 6295(gg)(2)(A)). The EISA 2007 amendments to EPCA further direct DOE to amend the test procedures to integrate such energy consumption into the overall energy efficiency, energy consumption, orother energy descriptor for that product. Ifamending the test procedure in this

manner is technically infeasible, DOE must prescribe a separate standby mode and offmode energy use test procedure, iftechnically feasible. Any such amendment must consider the most current versions ofthe International Electrotechnical Commission (IEC) Standard 62301 and IEC Standard 62087. For residential waterheaters, direct heating equipment, and pool heaters, DOE must prescribe any such amendment to the test procedures by March 31,2010. (EISA 2007, section 310; 42 U.S.C. 6295(gg)(2)(B)(v))

Unvented heaters are a class ofdirect heating equipment. DOE's test procedure currently does not include provisions for measuring or accounting for "standby mode" or "offmode" energy use, as defined by EISA 2007. Accordingly, the test procedure would need to be amended to include such accounting.

Legislative language from EISA 2007"(2) TESTPROCEDURES "(A) TNGENERAL.--Testproceduresfor all coveredproducts shall be amendedpursuant to section 323 to include standby mode andoff mode energy consumption, taking into consideration the most current versions o{Standards 62301 and 62087of the InternationalElectrotechnical Commission, with such energy consumption integrated into the overallenergy efficiency, energy consumption, orother energy descriptor for each coveredproduct, unless the SecretOlYdetermines that "(i) the current testproceduresfor a coveredproduct already fully accountfor and incorporate the standby mode andoff mode energy consumption of the coveredproduct; or "(Ii) such an integratedtestprocedure is technically infeasiblefor aparticularcoveredproduct, in which case the Secretary shallprescribe a separate standby mode andoff mode energy use testprocedurefor the coveredproduct, 

### if technicallyfeasible. "(B) DEADLINES--The testprocedure amendments requiredby subparagraph (A) shall be prescribedin afinal rule no later than thefollowing dates:

"(i) December31, 2008,for battery chargers andexternalpowersupplies. "(Ii) March 31, 2009,for clothes dryers, room air conditioners, and fluorescent lamp ballasts. "(iii) June 30, 2009,for residential clothes washers. "(iv) September30, 2009,forresidential furnaces andboilers. "(v) March 31, 20l0,for residential water heaters, direct heating equipment, andpool heaters. "(vi) March 31, 2011,for residentialdishwashers, ranges andovens, microwave ovens, and dehumidifiers. "(C) PRIOR PRODUCTST ANDARDS--The testprocedure amendments adoptedpursuant to subparagraph (B) shall not be usedto determine compliance withproductstandards established prior to the adoption of the amended testprocedures."(3) INCORPORATIONINTO STANDARD. "(A) INGENERAL.--Subject to subparagraph (8), basedon the testprocedures required under paragraph (2), any final rule establishing orrevising a standardfor a coveredproduct, adopted afterJuly I, 2010, shall incorporate standby mode andoff mode energy use into a single amendedornewstandard, pursuant to subsection (0), 

### if feasible. "(B) SEPARATESTANDARDS.--ljnot feasible. the Secretary shallprescribe within thefinal rule a separate standard for standby mode andoff mode energy consumption, 

### if justified under subsection (0).

### Department of Energy Washington, DC 20585 March 23, 2009

Mr. James York Rinnai American Corporation 103 International Drive Peachtree City, GA 30269-1911 RE: Request for information regarding possible standby and offmode energy use for unvented heaters DearMr. York: As you may know, section 310 ofthe Energy Independence and Security Act of2007 (EISA 2007), Pub. L. 110-140, amended the Energy Policy and Conservation Act (EPCA). In the relevant part, EISA 2007 requires the U.S. Department ofEnergy (DOE) to amend, if technically feasible, all DOE test procedures for covered consumer products to account for standby mode and offmode energy consumption. (A briefdescription ofEISA 2007, along with the relevant legislative language, is provided as Attachment A.) Ofparticular note here, the legislation requires DOE to amend the test procedure for direct heating equipment (ofwhich unvented heaters are one subcategory) by March 31, 20IO. By way ofbackground, the unvented heatertest procedure is found at Title 10 ofthe Code ofFederal Regulations (10 CFR) 430.23(g) and 10 CFR part 430, subpart B, appendix G. This procedure applies to both electric and fossil-fueled unvented heaters. This procedure only requires measurement ofinput energy rate (e.g. Btu'slhour). Output energy rate is simply equated to input energy rate. Tills energy rate is converted by mathematical constants to either dollars per million Btu's output and/or annual energy consumption. (Annual energy consumption is calculated only for electric heaters that are the primary heating source for the entire house. Supplemental heaters and unvented heaters using either natural gas, propane, oroil only require calculation ofdollars per million Btu's.) As currently written, this procedure generally reflects the lack ofany appreciable energy performance difference among models of this product subcategory. To date, this product subcategory has not been subject to any labeling requirements or energy conservation standards. As mentioned above, pursuant to EISA 2007, DOE must now include provisions to measure standby and offmode energy use in the test procedures used for these and many otherproducts. This brings up the question ofwhether unvented heaters use energy in standby offmodes. DOE anticipates that such test procedure amendments could identify an opportunity for energy performance improvements in unventcd heater models. DOE is interested in gathering information that will help it to fulfill the requirements ofEPCA, as amended, without causing undue burden to the industry. DOE realizes that this product subcategory presents a unique set ofcircumstances when addressing EISA 2007, particularly regarding the EISA 2007 provisions on energy conservation standards. First, unlike othertest procedures, appendix G does not include energy efficiency or energy use metrics that would allow for the integration ofstandby and offmode energy use. As 

# S Printed with soy ink on recycled papera consequence, there currently exists no basis to establish what EISA 2007 would call a single or integrated standard for unvented heaters. Second, standby mode energy use (defined as energy use during the heating season when the heater is not on) could be considered as effective in heating the space as active mode energy use. Therefore, DOE is evaluating the appropriateness ofmeasuring this energy use or its possible inclusion in an energy conservation standard. Finally, offmode energy consumption (defined as non-heating season energy consumption) could be considered energy use and, accordingly, could be minimized by prescribing a separate energy conservation standard. However, defining a representative ofT mode for this subcategory is difficult because ofthe Jack ofdata on consumer use. Specifically, DOE is not currently aware ofdata on the fraction ofthe year heaters are unplugged or otherwise disconnected from the energy source, and the extent to which pilot lights are turned offduring the non-heating season. This unique set ofcircumstances forms the basis ofthis inquiry. Definitions To aid in responding to the questions below, the following definitions of"active mode," "standby mode," and "offmode" apply:

• "Active mode" is the period during the heating season when the burneror heating element is on.

• "Standby mode" is the period during the heating season when the main burner or heating element is not on.

• "Offmode" is the entire non-heating season, unless there is disconnection from the energy source. The duration ofthe heating and non-heating seasons for these products can be assumed to be the same as the representative values used for all other DOE test procedures for heating products, i.e., 4160 hours heating season and 4600 hours non-heating season. One complication for this subcategory is the possibility ofthe product being placed out ofservice during the heating season. This possibility would impact the accounting ofoffmode and standby mode. For example, these out-of-service hours during the heating season could be debated as more appropriately offmode rather that standby mode. Nonetheless, rather than sorting out this complication at this time, DOE believes the above proposed simplified definitions are sufficient to allow for informative answers to the following questions. However, your views on this complication are welcome. Questions In light ofthe above, DOE would appreciate your answers to the following questions: I. Do you manufacture, and are you aware ofother manufacturer models of, fossil-fueled unvented heaters that have measurable fossil-fueled standby and offmode energy use (e.g., pilot lights)? Ifso, what is your estimate ofthe range ofthe energy use rates for such models (btu/hour)?2. Do you manufacture, and are you aware ofother manufacturer models of, fossil-fueled unvented heaters that have measurable electrical standby and offmode energy use? Ifso what is your estimate ofthe range ofenergy use rate (watts)? 3. Do you manufacture, and are you aware ofother manufacturer models of, electric unvented heaters that have measurable electric standby and offmode energy use? Ifso what is your estimate ofthe range ofenergy use rate (watts)? 4. Ideally, the ranges ofenergy use rates above could be converted to ranges ofannual consumption values ifa reasonably representative range ofannual hours ofoffmode usage can be defined. Are you aware ofdata or studies that would aid DOE in defining representative annual hours ofoffmode use for the types ofproducts discussed above? If so, please identify them and add your thoughts on the accuracy and relevance ofthe data. 5. Absent DOE-prescribed representative hours ofoffmode, what is your view about a limited test procedure that only requires measurement and disclosure ofenergy use rate (i.e., wattage and/or pilot light btu/hour)? Additionally, what is your view on a potential subsequent regulation based only on energy use rate? 6. Is the Standard 6230I ofthe International Electrotechnical Commission, Household ElectricalAppliances

- Measurement

## 0/ Standby Power, sufficient and appropriate to measure electric standby and/or offmode energy use rate? In your answer, please explain why they are, or not, sufficient. DOE requests that answers be provided not later than April 8,2009, in order to allow the Department sufficient time to incorporate such information into its test procedure rulemaking for direct heating equipment, which is bcing conducted pursuant to EISA 2007. It is important to note that the current ongoing standards rulemaking for direct heating equipment will not be impacted by the possible test procedure amendments discussed here. Should you have any questions, please feel free to contact Mohammed Khan ofmy staffat (202) 586-7892. Sincerely,

# L~/~ Ronald P. Lewis Supervisor--Regulatory Appliance Standards Building Technologies Program Energy Efficiency and Renewable Encrgy

EnclosureATTACHMENT A

The Energy Independence and Security Act of2007 (EISA 2007), Pub. L. 110-140, amended the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.; EPCA), and in relevant part, directs DOE to amend its test procedures to include measures ofstandby mode and offmode energy consumption, unless such measures are already fully incorporated in the current test procedure orwould be technically infeasible to prescribe (EISA 2007, section 310; 42 U.S.c. 6295(gg)(2)(A)). The EISA 2007 amendments to EPCA further direct DOE to amend the test procedures to integrate such energy consumption into the overall energy efficiency, energy consumption, orother energy descriptor for that product. Ifamending the test procedure in this

manner is technically infeasible, DOE must prescribe a separate standby mode and offmode energy use test procedure, iftechnically feasible. Any such amendment must consider the most current versions ofthe International Electrotechnical Commission (IEC) Standard 62301 and IEC Standard 62087. For residential waterheaters, direct heating equipment, and pool heaters, DOE must prescribe any such amendment to the test procedures by March 31,2010. (EISA 2007, section 310; 42 U.S.C. 6295(gg)(2)(B)(v))

Unvented heaters are a class ofdirect heating equipment. DOE's test procedure currently does not include provisions for measuring or accounting for "standby mode" or "offmode" energy use, as defined by EISA 2007. Accordingly, the test procedure would need to be amended to include such accounting.

Legislative language from EISA 2007"(2) TESTPROCEDURES "(A) TNGENERAL.--Testproceduresfor all coveredproducts shall be amendedpursuant to section 323 to include standby mode andoff mode energy consumption, taking into consideration the most current versions o{Standards 62301 and 62087of the InternationalElectrotechnical Commission, with such energy consumption integrated into the overallenergy efficiency, energy consumption, orother energy descriptor for each coveredproduct, unless the SecretOlYdetermines that "(i) the current testproceduresfor a coveredproduct already fully accountfor and incorporate the standby mode andoff mode energy consumption of the coveredproduct; or "(Ii) such an integratedtestprocedure is technically infeasiblefor aparticularcoveredproduct, in which case the Secretary shallprescribe a separate standby mode andoff mode energy use testprocedurefor the coveredproduct, 

### if technicallyfeasible. "(B) DEADLINES--The testprocedure amendments requiredby subparagraph (A) shall be prescribedin afinal rule no later than thefollowing dates:

"(i) December31, 2008,for battery chargers andexternalpowersupplies. "(Ii) March 31, 2009,for clothes dryers, room air conditioners, and fluorescent lamp ballasts. "(iii) June 30, 2009,for residential clothes washers. "(iv) September30, 2009,forresidential furnaces andboilers. "(v) March 31, 20l0,for residential water heaters, direct heating equipment, andpool heaters. "(vi) March 31, 2011,for residentialdishwashers, ranges andovens, microwave ovens, and dehumidifiers. "(C) PRIOR PRODUCTST ANDARDS--The testprocedure amendments adoptedpursuant to subparagraph (B) shall not be usedto determine compliance withproductstandards established prior to the adoption of the amended testprocedures."(3) INCORPORATIONINTO STANDARD. "(A) INGENERAL.--Subject to subparagraph (8), basedon the testprocedures required under paragraph (2), any final rule establishing orrevising a standardfor a coveredproduct, adopted afterJuly I, 2010, shall incorporate standby mode andoff mode energy use into a single amendedornewstandard, pursuant to subsection (0), 

### if feasible. "(B) SEPARATESTANDARDS.--ljnot feasible. the Secretary shallprescribe within thefinal rule a separate standard for standby mode andoff mode energy consumption, 

### if justified under subsection (0).

### Department of Energy Washington, DC 20585 March 23, 2009

Mr. Warren Shoulders President Williams Fumace Company Colton, CA 92324-1435 RE: Request for information regarding possible standby and offmode energy use for unvented heaters Dear Mr. Shoulders: As you may know, section 310 ofthe Energy Independence and Security Act of2007 (EISA 2007), Pub. 

### L. 110-140, amended the Energy Policy and Conservation Act (EPCA). In the relevant part, EISA 2007 requires the U.S. Department ofEnergy (DOE) to amend, if technically feasible, all DOE test procedures for covered consumer products to account for standby mode and offmode energy consumption. (A briefdescription ofEISA 2007, along with the relevant legislative language, is provided as Attachment A.) Ofparticular note here, the legislation requires DOE to amend the testprocedure for direct heating equipment (ofwhich unvented heaters are one subcategory) by March 31, 20IO. By way ofbackground, the unvented heater test procedure is found at Title 10 ofthe Code ofFederal Regulations (10 CFR) 430.23(g) and 10 CFR part 430, subpart B, appendix G. This procedure applies to both electric and fossil-fueled unvented heaters. This procedure only requires measurement ofinput energy rate (e.g. Btu's!hour). Output energy rate is simply equated to input energy rate. This energy rate is converted by mathematical constants to either dollars per million Btu's output and/or annual energy consumption. (Annual energy consumption is calculated only for electric heaters that are the primary heating source for the entire house. Supplemental heaters and unvented heaters using either natural gas, propane, or oil only require calculation ofdollars per million Btu's.) As currently written, this procedure generally reflects the lack ofany appreciable energy performance difference among models of this product subcategory. To date, this product subcategory has not been subject to any labeling requirements or energy conservation standards. As mentioned above, pursuant to EISA 2007, DOE must now include provisions to measure standby and offmode encrgy use in the test procedures used for these and many other products. This brings up the question ofwhether unvented heaters use energy in standby offmodes. DOE anticipates that such test procedure amendments could identitY an opportunity for energy performance improvements in unvented heater models. DOE is interested in gathering information that will help it to fulfill the requirements ofEPCA, as amended, without causing undue burden to the industry. DOE realizes that this product subcategory presents a unique set ofcircumstances when addressing EISA 2007, particularly regarding the EISA 2007 provisions on energy conservation standards. First, unlike other test procedures, appendix G does not include energy efficiency or energy use metrics that would allow for the integration ofstandby and offmode energy use. As 

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Printed with soy ink on recycled papera consequence, there currently exists no basis to establish what EISA 2007 would call a single or integrated standard for unvented heaters. Second, standby mode energy use (defined as energy use during the heating season when the heater is not on) could be considered as effective in heating the space as active mode energy use. Therefore, DOE is evaluating the appropriateness ofmeasuring this energy use or its possible inclusion in an energy conservation standard. Finally, offmode energy consumption (defined as non-heating season energy consumption) could be considered energy use and, accordingly, could be minimized by prescribing a separate energy conservation standard. However, defining a representative off mode for this subcategory is difficult because ofthe lack ofdata on consumer use. Specifically, DOE is not currently aware ofdata on the fraction ofthe year heaters arc unplugged or otherwise disconnected from the energy source, and the extent to which pilot lights are turned offduring the non-heating season. This unique set ofcircumstances forms the basis ofthis inquiry. Definitions To aid in responding to the questions below, the following definitions of"active mode," "standby mode," and "offmode" apply:

• "Active mode" is the period during the heating season when the burner or heating element is on.
• "Standby mode" is the period during the heating season when the main burner or heating element is not on.
• "Offmode" is the entire non-heating season, unless there is disconnection from the energy source. The duration ofthe heating and non-heating seasons for these products can be assumed to be the same as the representative values used for all other DOE test procedures for heating products, i.e., 4160 hours heating season and 4600 hours non-heating season. One complication for this subcategory is the possibility ofthe product being placed out ofservice during the heating season. This possibility would impact the accounting ofoffmode and standby mode. For example, these out-of-service hours during the heating season could be debated as more appropriately offmode rather that standby mode. Nonetheless, rather than sorting out this complication at this time, DOE believes the above proposed simplified definitions arc sufficient to allow for informative answers to the following questions. However, your views on this complication are welcome. Ouestions In light ofthe above, DOE would appreciate your answers to the following questions: I. Do you manufacture, and are you aware ofother manufacturer models of, fossil-fueled unvented heaters that have measurable fossil-fueled standby and offmode energy use (e.g., pilot lights)? lfso, what is your estimate ofthe range ofthe energy use rates for such models (btulhour)?2. Do you manufacture, and are you aware ofother manufacturermodels of, fossil-fueled unvented heaters that have measurable electrical standby and offmode energy use? Ifso what is your estimate ofthe range ofenergy use rate (watts)? 3. Do you manufacture, and are you aware ofother manufacturer models of, electric unvented heaters that have measurable electric standby and offmode energy use? Ifso what is your estimate ofthe range ofenergy use rate (watts)? 4. Ideally, the ranges ofenergy use rates above could be converted to ranges ofannual consumption values ifa reasonably representative range ofannual hours ofoffmode usage can be defined. Are you aware ofdata or studies that would aid DOE in defining representative annual hours ofoffmode use for the types ofproducts discussed above? If so, please identify them and add your thoughts on the accuracy and relevance ofthe data. 5. Absent DOE-prescribed representative hours ofoffmode, what is your view about a limited test procedure that only requires measurement and disclosure ofenergy use rate (i.e., wattage and/or pilot light btu/hour)? Additionally, what is your view on a potential subsequent regulation based only on energy use rate? 6. Is the Standard 62301 ofthe International Electrotechnical Commission, Household ElectricalAppliances

- Measurement of Standby Power, sufficient and appropriate to measure electric standby and/or offmode energy use rate? In your answer, please explain why they are, or not, sufficient. DOE requests that answers be provided not later than April 8, 2009, in order to allow the Department sufficient time to incorporate such information into its test procedure rulemaking for direct heating equipment, which is being conducted pursuant to EISA 2007. It is important to note that the current ongoing standards rulemaking for direct heating equipment will not be impacted by the possible test procedure amendments discussed here. Should you have any questions, please feel free to contact Mohammed Khan ofmy staffat (202) 586-7892. Sincerely,

Ronald P. Lewis Supervisor--Regulatory Appliance Standards Building Technologies Program Energy Efficiency and Renewable Energy

EnclosureATTACHMENT A

The Energy Independence and Security Act of2007 (EISA 2007), Pub. L. 110-140, amended the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.; EPCA), and in relevant part, directs DOE to amend its test procedures to include measures ofstandby mode and offmode energy consumption, unless such measures are already fully incorporated in the current test procedure orwould be technically infeasible to prescribe (EISA 2007, section 310; 42 U.S.c. 6295(gg)(2)(A)). The EISA 2007 amendments to EPCA further direct DOE to amend the test procedures to integrate such energy consumption into the overall energy efficiency, energy consumption, orother energy descriptor for that product. Ifamending the test procedure in this

manner is technically infeasible, DOE must prescribe a separate standby mode and offmode energy use test procedure, iftechnically feasible. Any such amendment must consider the most current versions ofthe International Electrotechnical Commission (IEC) Standard 62301 and IEC Standard 62087. For residential waterheaters, direct heating equipment, and pool heaters, DOE must prescribe any such amendment to the test procedures by March 31,2010. (EISA 2007, section 310; 42 U.S.C. 6295(gg)(2)(B)(v))

Unvented heaters are a class ofdirect heating equipment. DOE's test procedure currently does not include provisions for measuring or accounting for "standby mode" or "offmode" energy use, as defined by EISA 2007. Accordingly, the test procedure would need to be amended to include such accounting.

Legislative language from EISA 2007"(2) TESTPROCEDURES "(A) TNGENERAL.--Testproceduresfor all coveredproducts shall be amendedpursuant to section 323 to include standby mode andoff mode energy consumption, taking into consideration the most current versions o{Standards 62301 and 62087of the InternationalElectrotechnical Commission, with such energy consumption integrated into the overallenergy efficiency, energy consumption, orother energy descriptor for each coveredproduct, unless the SecretOlYdetermines that "(i) the current testproceduresfor a coveredproduct already fully accountfor and incorporate the standby mode andoff mode energy consumption of the coveredproduct; or "(Ii) such an integratedtestprocedure is technically infeasiblefor aparticularcoveredproduct, in which case the Secretary shallprescribe a separate standby mode andoff mode energy use testprocedurefor the coveredproduct, 

### if technicallyfeasible. "(B) DEADLINES--The testprocedure amendments requiredby subparagraph (A) shall be prescribedin afinal rule no later than thefollowing dates:

"(i) December31, 2008,for battery chargers andexternalpowersupplies. "(Ii) March 31, 2009,for clothes dryers, room air conditioners, and fluorescent lamp ballasts. "(iii) June 30, 2009,for residential clothes washers. "(iv) September30, 2009,forresidential furnaces andboilers. "(v) March 31, 20l0,for residential water heaters, direct heating equipment, andpool heaters. "(vi) March 31, 2011,for residentialdishwashers, ranges andovens, microwave ovens, and dehumidifiers. "(C) PRIOR PRODUCTST ANDARDS--The testprocedure amendments adoptedpursuant to subparagraph (B) shall not be usedto determine compliance withproductstandards established prior to the adoption of the amended testprocedures."(3) INCORPORATIONINTO STANDARD. "(A) INGENERAL.--Subject to subparagraph (8), basedon the testprocedures required under paragraph (2), any final rule establishing orrevising a standardfor a coveredproduct, adopted afterJuly I, 2010, shall incorporate standby mode andoff mode energy use into a single amendedornewstandard, pursuant to subsection (0), 

### if feasible. "(B) SEPARATESTANDARDS.--ljnot feasible. the Secretary shallprescribe within thefinal rule a separate standard for standby mode andoff mode energy consumption, 

### if justified under subsection (0).