### 67294 Federal Register / Vol. 59, No. 249 / Thursday, December 29, 1994 / Notices

Office of Energy Efficiency and Renewable Energy

(Case No. F-076)



### Energy Conservation Program for Consumer Products: Denial of Glowcore Corporation 's Application for Interim Waiver and Publishing the Company's Petition for Waiver From the DOE Furnace Test Procedure.

AGENCY : Office of Energy Efficiency and Renewable Energy Department of Energy.

ACTION: Notice.



### SUMMARY : Today's notice publishes a letter denying an Interim Waiver to GlowCore Corporation (GlowCore) from the existing Department of Energy (DOE) test procedure regarding the measurement of hot water boiler energy consumption for the company's GB series of condensing boilers. Today's notice also-publishes a "Petition for Waiver" from GlowCore. GlowCore's Petition for Waiver requests DOE to grant relief from the DOE furnace test procedure relating to the measurement of hot water boiler energy consumption. GlowCore states that because of a special design feature on the heat exchanger, burner, and combustion blower, its GB series of condensing hot water boilers can withstand the corrosive effects of condensate, and can be operated at a hot water return temperature of 80°F instead of the 120°P specified in the DOE Furnaces/Boilers Test procedure, resulting in. an efficiency improvement of 5 percent. DOE is soliciting comments, data, and information respecting the Petition for Waiver.

DATES : DOE will accept comments, data, and information not later than January 30, 1995.

ADDRESSES : Written comments and statements shall be sent to: Department of Energy, Office of Energy Efficiency and Renewable Energy, Case No. F-076, Mail Stop EE-43, Room 5E-066, Forrestal Building, 1000 Independence Avenue, S.W., Washington, DC 20585, (202)586-7574.

FOR FURTHER INFORMATION CONTACT: Cyrus H. Nassen,.U.S. Department of Energy Office of Energy Efficiency and Renewable Energy, Mail Station EE-431,

### Federal Register / Vol. 59, No. 249 / Thursday December 29, 1994 / Notices

Forrestal Building; 1000 Independence Avenue, S.W., Washington, DC 20585, (202)586-9138. 

### Eugene Margolis, Esq., U.S. Department of Energy' Office of General Counsel, Mail Station GC-72, Forrestal Building, 1000 Independence Avenue, S.W., Washington, DC 20585, (202)
586-9507

SUPPLEMENTARY INFORMATION: The Energy Conservation Program for Consumer Products (other than automobiles) was established pursuant to the Energy Policy and Conservation Act (EPCA), Public Law 94-163, 89 Stat. 917 as amended by the National Energy Conservation Policy Act (NECPA), Public Law 95-619, 92 Stat. 3266, the National Appliance Energy Conservation Act of 1987 (NAECA), Public Law 100-12, the National Appliance Energy Conservation Amendments of 1988 (NAECA 1988), Public Law 100-357 and the Energy Policy Act of 1992 (EPAct), Public-Law 102-486; 106 Stat. 2776, which requires DOE to prescribe standardized test procedures to measure the energy consumption of certain consumer products, including furnaces. The intent of the test procedures is to provide a comparable measure of energy consumption that will assist consumers in making purchasing decisions. These test procedures appear at 10 CFR Part 430, Subpart B. The Department amended the prescribed test procedures by adding 10 CFR 430.27 on September 26, 1980, creating the waiver process. 45 FR 64108. Thereafter, DOE further amended the appliance test procedure waiver process to allow the Assistant Secretary for Energy Efficiency and Renewable Energy (Assistant Secretary) to grant an Interim Waiver from test procedure requirements to manufacturers that have petitioned DOE for a waiver of such prescribed test procedures. 51 FR 42823, November 26, 1986. The waiver process allows the Assistant Secretary to waive temporarily test procedures for a particular basic model when a petitioner
shows that the basic model contains one or more design characteristics which prevent testing according to the prescribed test procedures, or when the prescribed test procedures may evaluate
the basic model in a manner so unrepresentative of its true energy consumption as to provide materially inaccurate comparative data. Waivers generally remain in effect until final test procedure amendments become effective, resolving the problem that is the subject of the waiver. The Interim Waiver provisions added by the 1986 amendment allow the Secretary to grant an Interim Waiver when it is determined that the applicant will experience economic hardship if the Application for Interim Waiver is denied, if it appears likely that the Petition for Waiver will be granted, and/ or the Assistant Secretary determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the Petition
for Waiver. An Interim Waiver remains in effect for a period of 180 days, or
until DOE issues its determination on the Petition for Waiver, whichever is sooner, and may be extended for an additional 180 days, if necessary. On April 4, 1994, GlowCore filed an Application for Interim Waiver regarding measurement of hot water boiler energy consumption. GlowCore's application seeks an Interim Waiver from the DOE test provisions that require a boiler return temperature of 120°F Instead, GlowCore requests the allowance to test using 80°F hot water return temperature when testing its GB series of condensing boilers. GlowCore states that the 80°F return temperature fits radiant in-floor heating systems that require less than 100°F floor temperatures and 80°F return temperatures. Glowcore claims that the 120°F specified by the DOE test procedure is too high for this application. Glowcore claims that the return temperature of 80°F results in an efficiency improvement of approximately 5 percentage points. Since the current DOE test procedure
does not address a water return temperature of 80°F GlowCore asks that the Interim Waiver be granted. The Department's regulations allow
for a manufacturer to receive an interim
waiver if it is determined that economic hardship will result, it is likely that the Petition for Waiver will be granted, and/ or it is desirable from a public policy perspective. Based on the Department's review of GlowCore's request, DOE
believes that none of these conditions exist. In its Application, Glowcore seeks an Interim Waiver from the existing test procedure which requires a hot water boiler return temperature of 120°F Glowcore did not provide sufficient information for the Department to evaluate what, if any economic hardship the company will likely experience absent a favorable determination on the Application. The company stated that the GB series
boilers can be listed with an asterisk with the higher AFUE when used as sources'for in-floor radiant heat, and other low temperature heat usages at 80°F return water temperatures. Based 

### 67295

on this statement, DOE cannot
determine whether Glowcore will experience competitive hardship if the Application is denied. Further, the Department cannot state at this time the
likelihood that the Petition for Waiver will be granted based on the facts presented since this is a matter of first impression. Also, there are no public policy reasons put forth by applicant to cause DOE to grant immediate relief. 

### Therefore, Glowcore's Application-for an Interim Waiver regarding return hot water temperature for its GB series of condensing boilers is denied. Pursuant to paragraph (e) of § 430.27 of the Code of Federal Regulations Part 430, the following letter denying the Application for Interim Waiver was sent
to GlowCore. Pursuant to paragraph (b) of 10 CFR Part 430.27 DOE is hereby publishing the "Petition for Waiver" in its entirety The petition contains no confidential information. DOE solicits comments, data, and information respecting the petition. In particular, DOE is interested in obtaining information on the following: The particular design feature of the heat exchanger, burner, and combustion
blower which allows Glowcore's GB series boilers to operate at lower water temperatures (80°F), and.withstand the
corrosive effects of the condensate from the burning of natural and L.P gases; 

### The particular market niche for this type of boiler.

Issued in Washington, DC, on December 21,1994. Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy. Department of Energy

Washington, DC, December21, 1994.
Mr. Dave Lackstrom, Product Engineer, GlowCore Corporation, P.O. Box 360591, Cleveland, OH 44136-0010
Dear Mr. Lackstrom: This is in response to your letter of April 4, 1994, regarding an Application for Interim Waiver, and Petition for Waiver from the Department of Energy (DOE) test procedure concerning measurement of hot water boiler energy consumption for the GlowCore Corporation (ClowCore) GB series of condensing boilers. In the Application, GlowCore seeks an Interim Waiver from the existing test procedure which requires a hot water boiler return temperature of 120°F GlowCore did not provide sufficient information for the Department to evaluate what, if any, economic hardship it will likely experience absent a favorable determination on the Application. The company stated that GB series boilers can be listed with an asterisk with the higher AFUE when used as sources for in-floor radiant heat, and other low temperature heat usages at 80°F return water temperatures. Based on this statement, DOE

### 67296 Federal Register / Vol. 59, No. 249 / Thursday December 29, 1994 / Notices

cannot determine whether GlowCore will experience competitive hardship if the Application is denied. Further, the Department cannot state at this time the likelihood that the Petition for Waiver will be granted based on the facts presented since this is a-matter of first impression. Also, there are no public policy reason put forth by GlowCore to cause DOE to grant immediate
relief. Therefore, GlowCore's Application for an Interim Waiver regarding return hot water temperature for its CB series of condensing boilers is denied. Pursuant to paragraph (b) of 10 CFR Part 430.27 DOE will publish the "Petition for Waiver" in the Federal Register

, and solicit comment, data, and information concerning the Petition. In particular, DOE is interested in obtaining information on the following: The particular design feature of the heat exchanger,-burner, and combustion blower which allows GlowCore's GB series boilers to operate at lower water temperatures (80°F), and withstand the corrosive effects of the condensate from the burning of natural and L.P gases; The particular market niche for this type
of boiler. Best regards, Christine A. Ervin, Assistant Secretary, Energy Efficiency and Renewable Energy.
GlowCore Corporation

Cleveland OH, April 4, 1994.
Assistant Secretary, Conservation & Renewable Energy, United States Department of Energy, 1000 Independence Ave., S.W., Washington, D.C. 20585

SUBJECT. PEITfION FOR WAIVER ANDAPPLICATION OF INTERIM WAIVER Gentlemen: This is a petition for waiver and application of interim waiver submitted pursuant to Title CFR 430.27 Waiver is requested from the test procedures for -measuring hot water boiler energy consumption. The current test procedures for condensing
hot water boilers states that the flow rate shall be adjusted to produce a water temperature rise during the steady state test which is between 19.5 and 20.5 F During the steady state and beat up tests, the condensing boiler shall be supplied with return water having a temperature of 120 F The maximum permissible variation of the return water temperature from the required value during the steady state and heat up tests shall not exceed plus or minus 2 F.; except during the first 30 seconds after start up when it shall not exceed plus or minus 10 F., and between 30 and 60 seconds after start up it shall not exceed plus or minus 5 F (8.4.2.3.2 of ANSI 103-1988). GlowCore's GB series boilers are class IV Condensing, Direct Vent, with Forced Air Combustion. They produce low NO,, values and high efficiencies. Many years of development time and money was required so all components of the heat exchanger, burner, and combustion blowers can withstand the corrosive effects of the condensate from the burning of Natural and L.P gasses. These boilers can operate at the lower water temperatures that would destroy typical cast iron, steel , or cooper heat exchangers and combustion chambers. These boilers therefore have a particular niche application for radiant in-floor heating systems that require less than 100 F floor temperatures with 80 F return water temperature. The test specified 120 F return water temperature Is too high for this application. All other types of boiler construction must use thermal by-passes to insure that their heat exchangers do not
condense and corrode. We petition that our GB series boilers can be I*sted with an asterisk with the higher AFUE, when used a sources for in-floor radiant heat and other low temperature heat usages at 80 F return water temperatures.An Engineering Report No. 109-ANSIASHRAE/103-1988 was prepared for us by -AGA Laboratories, Cleveland, Ohio 44138,
with 80 F return water temperatures. It was

determined that 80 F return water temperature increases the efficiency approximately 5% from that of 120 F return water. -Report enclosed. Sincerely, Dave Lackstrom, Product Engineer, GlowCore Corporation

Enclosure.

[FR Doc 94-32113 Filed 12-28-94 ; 8:45 am)

BILUNO CODE 6450-01-P