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,

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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

CAS-RM-79-104 COMMENT 124
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

CAS-RM-79-104 COMMENT 124