CAS-RM-79-105 COMMENT 01

Tuesday 

January 17, 1989 

Part IV 

Department of 

Energy 

Office of Conservation and Renewable 

Energy 

10 CFR Part 430 

Energy Conservation Standards for Water 

Heaters; Notice of Proposed Rulemaking 

and Public Hearing 
CAS-RM-79-105 COMMENT 01

1890 Federal Register I Vol. 54, No. 10 I Tuesday, Jaunary 17, 1989 I Propo~ed Rules 

DEPARTMENT OF ENERGY 

Office of Conservation and 

Renewable Energy 

10 CFRPart 430 

!Docket No. CAS-FlM-79-105] 

Energy Conservation Program for 

Consumer Products; Notice of 

Proposed Rulemaking and Public 

Hearing Regarding Energy 

Conservation Standards for Water 

Heaters 

AGENCY: Office of Conservation and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of Proposed Ru!emaking 

and Public Hearing. 

SUMMARY: The Energy Policy and 

Conservation Act (EPCA). as amended 

by the National Energy Conservation 

Policy Act, the National Appliance 

Energy Conservation Act of 1987 and the 

National Appliance Energy 

Conservation Amendments of 1988. 

prescribes energy conservation 

standards for certain types of consumer 

products. including water heaters. 

Among other program elements, the 

legislation requires the Department to 

establish standard methods of testing 

covered products. In the case of any 

amended test procedure. the Department 

is required to determine to what extent 

the proposed test procedure would alter 

the measured efficiency. 

On March 13, 1987, the Department 

proposed to amend the test procedures 

for water heaters. The Department of 

Energy (DOE) tuday is proposing to 

amend the energy conservation 

standards for water heaters prescribed 

by EPCA. as amended, in order to 

account for changes in water heater 

measured efficiency resulting from 

amended water heater test procedures. 

Today's proposal also includes the 

amended test procedure used to 

determine the proposed standard. 

The purpose of today's notice of 

proposed rulemaking is to provide 

interested persons an opportunity to 

comment on the proposed rule. and to 

invite interested persons to participate 

in the rulemaking process. 

OATES: Written comments (10 copies) in 

response to this notice of proposed 

rulemaking must be received by the 

Department of Energy by March 20, 

1989. 

Oral views. data, and arguments may 

be presented at the public hearing to be 

held in Washington. DC, on March 9, 

1989. at 9:30 a.m. Requests to speak at 

the hparing must be received by the 

iiilZ "" £$£ 

Department no later than 4:00 p.m., 

March 7. 1989. 

Ten copies of the oral statement of 

each speaker must be submitted at the 

hearing registration desk the day of the 

hearing. 

ADDRESSES: Written comments (10 

copies) are to be submitted to: U.S. 

Department of Energy, Office of 

Conservation and Renewable Energy. 

CE-43.1 Hearing and Dockets, Water 

Heater Test Procedure, Docket No. CASRM-79-105, Room 6B-025, Forrestal 

Building. 1000 Independence Avenue, 

SW .. Washington. DC 20585, (202) 586-

9320. 

FOR FURTHER INFORMATION CONTACT: 

Carl E. Adams. U.S. Department of 

Energy. Office of Conservation and 

Renewable Energy, Forrestal Building. 

Mail Station CE-132, 1000 

Independence Avenue, SW .• 

Washington, DC 20585. (20Z) 586-9138. 

U.S. Department of Energy. Office of 

Conservation and Renewable Energy. 

Hearings and Dockets. CE-43.1. 

Forrestal Building. Room 6B-025. 1000 

Independence Avenue. SW .. 

Washington, DC 20585. (202) 586-9320. 

Eugene Margolis. Esq .• U.S. Department 

of Energy, Office of General Counsel, 

Forrestal Building. Mail Station GC12,1000 Independence Avenue. SW .• 

Washington. DC 20585. (202) 586-9507. 

SUPPLEMENTARY INFORMATION: 

, I. Background 

Part B of Title III of the Energy Policy 

and Conservation Act (EPeA). Pub. L. 

94-163. as amended by the National 

Energy Conservation Policy Act 

(NECPA), Pub. L. 95-619, the National 

Appliance Energy Conservation Act 

(NAECA) of 1987. (Pub. L. 100-12) and 

the Natio!lal Appliance Energy 

Conservation Amendments of 1988 (Pub. 

L. 100-357) created the Energy 

Conservation Program for Consumer 

Products other than Automobiles. l 

Thirteen consumer products subject to 

this program (often referred to hereafter 

as "covered products") include water 

heaters. the subject of today's proposed 

rulemaking. 

Under the Act. the program consists 

essentially of three parts: testing. 

labeling. and Federal energy 

conservation standards. The 

Department of Energy (DOE or 

Department). in consultation with the 

National Institute of Standards and 

Technology (NIST). (formerly National 

Bureau of Standards). is required to 

I Part B of Title III of EPCA, as amended. is 

referred to in this notice as the "Ac!." Pari B of Title· 

1lI is codifif,d at 42 U.S.C. 6201 Et s'''I· 

amend or establish new test procedures 

as appropriate for each of the covered 

products. Section 323. The purpose of 

the test procedures is to provide for test 

results that reflect the energy efficiency. 

energy use. or estimated annual 

operating costs of each of the covered 

products. Section 3Z3(b)(3). A test 

procedure is not required if DOE 

determines by rule that one cannot be 

developed. Section 323(d)(1). One 

hundred and eighty days after a test 

procedure for a product is adopted, no 

manufacturer may represent the energy 

consumption of. or the cost of energy 

consumed by the product except as 

reflected in tests conducted according to 

the DOE procedure. Section 323(c)(2). 

Test procedures appear at 10 CFR Part 

430. Subpart B. 

Section 323(e) of the Act requires DOE 

to determine to what extent. if any, a 

proposed test procedure would alter the 

measured energy efficiency or measured 

energy use of any covered product as 

determined under the existing test 

procedure. If DOE determines that an 

amended test procedure would alter the 

proposed standard. DOE is required to 

amend the standardaccordingly. In 

determining the amended standard, 

DOE is required to measure the energy 

efficiency or energy use of 

representative samples of covered 

products which minimally comply with 

the existing standard. The average 

efficiency of these representative 

samples tested using the amended lest 

procedures shall constitute the amended 

standard. 

a. Test Procedures 

The water heater test procedure was 

prescribed by notice issued September 

27.1977. (42 FR 54110. October 4.1977). 

These original procedures coupled 

laboratory tests and calculations to 

obtain estimates of energy efficiency 

and annual energy consumption for 

storage type electric. gas and oil water 

heaters. The laboratory tests consisted 

of a "cold start recovery efficiency lest," 

which measured the ability of a waler 

heater to heat cold water, and a 

"standby loss test." which measured the 

energy loss of a water heater when not 

providing heated water. Recovery 

efficiency and percent standby los3 are 

then mathematically combined in the 

calculations to obtain an energy factor, 

DOE's overall measure of water heater 

efficiency. Also, the original procedure~ 

included calculations for determining 

the annual consumption and annual 

operating costs. DOE amended the 

water heater test procedures by notice 

issued August 30. 1979. in order to 

prescribe a "measure of a water heater's 
CAS-RM-79-105 COMMENT 01

Federal Register I VoL 54, No. 10 / Tuesday, Jaunary 17. 1989 I Proposed Rules 1891 

useful capacity called first hour rating," 

where useful capacity is the maximum 

hourly demand which can be met by tho 

water heater. (44 FR 52632. September 7. 

1979). 

By notice published in the Federal 

Register on February 8, 1984 (referred to 

hereafter as the "1984 proposal"). DOE 

proposed to amend its test procedure for 

water heaters. (49 FR 4870). The purpose 

of the 1984 proposal was threefold: First. 

to extend coverage of the test procedure 

10 heat pump water heaters. a relatively 

new water heater design not previously 

covered by the test procedure; second, 

to add a method of testing to determine 

the first hour rating of water heaters 

equipped with thermal compensating dip 

tubes; and third, to make modifications 

to the lest procedures that would yield 

more accurate determinations of energy 

efficiency and cost of operation for gas, 

oil and electric storage water heaters. 

By notice published March 16, 1984, 

DOE, on request of the water heater 

industry. extended the comment period 

42 days and rescheduled the March 15. 

1984. public hearing to April. 26. 1984. (49 

FR 10071.) 

In comments received in 1984 and 

throughout 1985 numerous parties 

requested that DOE. withdraw the 1984 

proposal and wait until a more 

comprehensive proposal could be 

developed. Most notably, on October 2-

3.1985, DOE andNIST hosted a forum 

on testing and rating. procedures for 

consumer products which was attended 

by manufacturers. utilities. States. and 

public interest groups. At the forum. 

. there was unanimous agreement that 

DOE should withdraw the 1984 proposal 

and initiate the development of a single 

test procedure method which would be 

applicable to all types of residential 

type water heaters. including the 

instantaneous type of water heaters. 

By notice published March 13. 1987 

(referred to hereafter as the "March 1987 

proposal"J. DOE proposed a single test 

procedure for all types of water heaters. 

including instantaneous type water 

heaters. The March 1987 proposal also 

addressed the matter of four test 

procedure waivers where four 

manufacturers of water heaters had 

received allowance to test certain water 

heaters under modified test procedures. 

Since publication of the March 1987 

proposal, a fifth manufacturer has 

received a test procedure waiver. The 

March 1987proposal would extend 

these modifications to all manufacturers 

of similar designs and thereby would 

terminate the five individual waivers. 

The five waivers are: A.O. Smith 

Corporation fOl: its gas water heaters 

t'q uipped with thermal compensa ting dip 

luhes (47 FR 53942. November 30. 1982), 

and four manufacturers of water heaters 

withJarge thermal mass designs: Bock 

Water Heaters Inc. (50 FR 47106. 

November 14. 1985, modified 51 FR 

21975. June 17. 1986), Ford Products Inc. 

. (50 FR 50678. December 11,1985, 

modified 51 FR 18659. May 21, 1986), 

Lochinvar Water Heaters. Inc. (51 FR 

22966. June 24, 1986). and Aero 

Environmental Limited (53 FR 9687. 

March 24. 1988). . The major issues covered in the 

March 1987 proposal included: 

(1) Extending the test procedme to 

cover heat pump water heaters and 

instantaneous type water heaters; 

(2) Revising the method of test for all 

water heaters from a no draw test to 24 

hour simulated use test which includes a 

six-hour draw test; and 

(3) Revising the first hour rating test 

from a calculated estimate to a direct 

measure for determining a water 

heater's ability to supply hot water. 

b. Ellergy Conservation Standards 

The National Appliance Energy 

Conservation Act of 1987 prescribed 

energy conservation standards for 11 

types of appliances including electric, 

gas. and oil-fired water heaters. The 

effective date for water heater 

standards is January 1" lImO. 

NAECA also, added a definition fDr 

waler heaters. as follDws: "The term 

'water heater' means a product which 

utilizes oil. gas, or electricity to heat 

potable water for use Dutside the heater 

upon demand. including-

(A) Storage type units which heat and 

store water at a thermostatically 

controlled temperature, including gas 

storage water heaters with an input of 

75,000 Btu per hour or less. oil storage 

water heaters with an input of 105,000 

Btu per hour or less, and electric storage 

water heaters with an input of 12 

kilowatts or less; 

(B) Instantaneous type units which 

heat water but CDntain no more than one 

gallon of water per 4,000 Btu per hour of 

inpnt. including gas instantaneous water 

heaters with an input of 200,000 Btu per 

hour or less, oil instantaneous water 

heaters with an input of 210,000 Btu per· 

hour or less, and electric instantaneous 

waleI' heaters with an input of 12 

kilowatts or less; and 

(C) Heat pump type units. with a 

maximum current rating of 24 amperes 

at a vDltage no greater than 250 volts. 

which are products designed to transfer 

thermal energy from one temperature 

level to a higher temperature level for 

the purpose of heating water, including 

all ancillary equipment such as fans. 

storage tanks. pumps, or contro,ls 

necessary for the device to perform its 

function." 

Section- 323( e) of the Act requires DOE 

to determine to what extent. if any. a 

proposed test procedure would alter the 

measured efficiency or measured energy 

use of any covered product as 

determined under the existing test 

procedure. Today's proposal satisfies 

this requirement with respect to the 

March 1987 proposal. Furthermore, 

section 323(e) requires DOE to test a 

representative sample using the 

propo,sed test procedure; today's 

proposaJ is based on testing a sample of 

units in accordance with the March 1987 

proposal which has been revised based 

upon the comments received. The 

revised test procedure used to test H 

sample of water heaters is included in 

Section n, Discussion, below. 

Section 323( e) of the Act also provides 

that models Df covered products in use 

before the date on which the amended 

energy conservation standard becomes 

effective (or revisions of such models 

that come into use after such date and 

have the same energy efficiency or 

energy use characteristics) that comply 

with the energy conservation standard 

applicable to such covered products on 

the day before such date shall be· 

deemed to comply with the amended 

energy conservation standard. 

n. Discussion 

a: Standards 

1. Efficiency Standards Prescribed by 

NAECA 

. The NAECA standards, which are 

based on existing test procedures. are in 

terms of energy factor. These are: 

Energ,' factor 

(A) Gas water heater. ......... 62- (.OOI9xRated 

storage volume in 

gallons). 

(S) Oil water heater ............ 59·- (.OOI9xRated 

storage volume in 

gallons). 

(e) Electric water heater .... 95- (.00132xRated 

storage volume in 

gallons). 

The second term in these equations. 

i.e .•. 0019V and .00132V, accounts for thH 

effect of tank volume on energy factor. 

This relationship of energy factor to 

tank volume is due to the fact that with 

a given c.onstruction (same insulation. 

etc.). the energy required to maintain 

stored water temperature increases with 

increased storage volume. 

The coefficienrfor volume used in this 

relationship, i.e., 0.0019 for gas and oilfueled water heaters and 0.00132 for 

electric water heaters, is the slope of the 

line which reJates energy factor to tank 

volume. The test methods in today's 
CAS-RM-79-105 COMMENT 01

1892 Federal Register / Vol. 54, No. 10 I Tuesday, Jaunary 17, 1989 / Proposed Rules 

notice are not considered to alter the 

measure o[efficiency of water healers 

from the existing test procedures. 

Therefore. DOE proposes to retain the 

volume relationships in the NAECA 

standards. 

Since the data base of test units used 

in developing these proposed water 

hea ter standards is a total of 14 units, 

i.e .• 7 electric. 5 gas. and 2 oil water 

heaters. DOE requests any additional 

test data manufacturers may have and 

any information manufacturers may 

have on the effects of tank capacity on energy factor. 

2. Effects of Proposed Test Procedures 

on Energy Factors 

In accordance with the requirements 

of section 323( e) of the Act. the 

Department has reviewed the impact 

amended test procedures will have on 

the measure of water heater energy 

efficiency. The following changes to the 

test procedures have been reviewed: 

• Simulated use VB. cold start test. 

• Water temperature rise. 

• Stored water temperature (thermostat 

setting). 

• Room temperature. 

• Water usage. • Uninsulated pipe fittings. 

Some of the above changes to the test 

procedures increase energy factor while 

other changes reduce energy factor. The 

overall effect is to reduce the energy 

factor for electric storage water heaters, 

while the energy factor for gas and oil 

fueled storage water heaters is not 

expected to be affected by the changes. 

The test procedure. specified in 

today's notice-simulated use testadjusts upward the energy factor for 

high mass water heaters (such as oil 

fueled water heaters) compared to the 

cold start recovery test. Under cold start 

conditions of the existing test procedure. 

some of the energy input is used to heat 

up the tank (metal and insulation) to the 

operating temperature and is therefore 

not available for heating water. The 

procedures specified in today's notice 

do not include that condition. 

Energy factors calculated using the 

test procedures in today's notice would 

also be expected to increase due to a 

reduced assigned temperature difference 

between stored water and room (emperature, i.e .• reduced from 90 OF in 

the existing procedures to 67.5 OF. With 

reduced temperature. lower standby loss 

results. 

However. the overall effect on energy 

factor due to reduced stored water 

temperature would be neutral due to the 

reduction in energy output. The reduced 

temperature rise of heated water, i.e .• from 90 OF to 77 OF, results in less energy 

output per day. and since energy factor 

drops as the energy output drops. this 

lower temperature rise tends to reduce 

energy factor (approximately two 

percent for an electric water heater). 

Another change which is applicable to 

all water heaters is the use of 

uninsulated pipe fittings in these new 

procedures. This change would increase 

standby loss and reduce energy factor. 

Electric water heaters without heat 

traps would be particularly affected 

since all their energy loss is due to 

standby loss. 

Since no specific energy factors were 

prescribed spearately for instantaneous 

water heaters. DOE believes the 

standards prescribed in NAECA for 

water heaters are also applicable to 

instantaneous type water heafers. 

However. the definitions used in today's 

notice for instantaneous type water 

heaters include only residential types 

intended to supply the total residential 

hot water requirements and exclude 

commercial types. 

The only known residential types of 

instantaneous water heaters are gas 

fueled. either natural gas or Liquified 

Petroleum (propane) gas. The energy 

factor proposed in today's notice for gas 

fueled instantaneous water heaters is 

based on an assigned nominal storage 

volume of two gallons for all 

instantaneous water heaters. Therefore, 

the second term in the NAECA 

equations for gas water heaters, i.e., 

0.0019V. is not relevant for 

instantaneous type water heaters of two 

gallons or less. Since the maximum 

volume of the instantaneous water 

heater has been defined here to be no 

more than two gallons. this term has 

little effect on the energy factor. At the 

extreme with two gallons of storage, the 

calculated result using this second term 

would be 0.616 which the test procedure 

rounds to 0.62. 

Electric instantaneous waleI' heaters 

are considered by DOE to be excluded 

from the program because they are primarily used in industrial and 

commercial applications to produce 

tempered, rather than hot. water and are 

not considered to be residential. 

Oil fueled instantaneous water 

heaters are not included in the proposed 

standards. NAECA's definition of 

instantaneous type units is for units that 

contain less than one gallon per 4,000 

Btu per hour of input. However, an oil 

fueled storage water heater of between 

80.000 and 105.000 Btu per hour input 

with a tank capacity of 20 to 26 gallons 

would fall into this definition of 

instantaneous water heater. This 

configuration is more properly covered 

as a storage type water heater. 

Also. there are no specific energy 

factors for heat pump water heaters 

specified in NAECA. Therefore, heat 

pump water heaters are not included in 

these proposed standards. Since heat 

pump water heaters have an energy 

factor greater than 1.0 and energy 

factors prescribed in NAECA are all less 

than 1.0. the NAECA standard is 

considered to apply to conventional 

electric water heaters only. When 

reviewing the standards for water 

heaters in 1992. DOE will consider if 

standards for heat pump water hf~atel'S 

should be proposed. 

3. Test Results 

Water heaters were selected for test 

in order to determine to what extent, if 

any. the test procedures in today's 

notice would alter the measured 

efficiency of water heaters. The 

approach used to accomplish this was 

as follows: 

Models of the most common water 

heater sizes in terms of storage capacity 

for gas, oil, and electric water heaters 

were selected. Electric water heaters 

with a capacity range of 30 to 82 gallons, 

and gas water heaters from 30 to 50 

gallons are estimated to represent 

approximately 95 percent of all electric 

and gas water heaters sold. Units 

selected for test fall Within this range. 

Oil fueled water heater selection is 

limited in terms of storage capacity. 

DOE believes the most common size oil 

fueled water heater has a 32 gallon 

storage capacity; therefore, this size was 

chosen for these tests. 

The NAECA prescribed minimum 

conservation standards for selected 

storage capacities was calculated. For 

example. for 40 gallon electric water 

heaters the NAECA standard would 

require an energy factor of 0.90. i.e., 

EF= 0.95-.00132V; substituting V =40. 

EF=90. Candidate water heaters were 

identified by manufacturer and modHi 

number using the listings from the 

January 1987 Consumers Directory of 

Certified Water Heater Efficiency 

Ratings. which are certified and 

published by the Gas Appliance 

Manufacturers Association (GAMA). 

Test units selected for purchase were 

those listed in this directory whose 

rated energy factor minimally complied 

with the standard. 

Five gas. six electric and two oil water 

heaters were purchased for testing. The 

gas and electric water heaters were 

tested at the National Institute of 

Standards and Technology (NISTJ. and 

the oil fueled water heaters were tested 

at the Electrical Testing Laboratory 

(ETL) in Cortland. New York. The oil 

fueled water heaters were not tested Hi 
CAS-RM-79-105 COMMENT 01

Federal Register I Vol. 54, No. 10 I Tuesday, Jannary 17, 1989 I' Proposed Rules 1393 

.NIST, because NIST did not have the 

facilities to tesl these units. ETL was 

selected byNIST to test the oilfueled 

water heaters because of its experience 

testing these units for the GAMA water 

heater certification program. 

Tables I, 2 and 3 show results 

obtained for electric, gas and oil fueled 

storage-type water heaters. and the 

make and model number of the test 

units. The column labeled "Current 

Procedure" is the test procedure upon 

which NAECA standards were based. 

Table 1 for electric water heaters 

shows that test procedures used in 

today's notice result in energy factors 

which are consistently lower than thai 

obtained with the current test 

procedure. The average dUferelH:e is 

.023. Therefore, the first term of the 

proposed energy factor equation used in 

tociay's notice has been adjusted 

downward bv .02 in order to accollnt for 

this differenc;e. No effect of tank 

capacity is discernible in the limited 

amount of test data shown here. 

Comments in the form of measured tcst 

data including energy factor for various 

tank capacities is requested. 

Table 2 for gas water heaters shows 

there is essentially little or no difference 

on average between the current test 

procedure and the procedure used in 

today's notice. Therefore, DOE is not 

u 

proposing amendments to the energy 

fHctor for gHS water heaters as 

prescribed in NAECA. 

Table 3 for oilv\mtel' heaters also 

shows essentiallv the same results fur 

the test procedu;e used in toelay's nolice 

versus the current test procedure. 

Although the simulated use lest granted 

by waivers used three draw cycles 

versus six draw cycles in the procedures 

used in today's notice, the results show 

no difference when rounded to the 

second decimal place as shown in Table 

3. DOE is proposing not to amend the 

NAECA standard for oil fueled water 

heaters. 

TABLE 1.-TEST RESULTS-ENERGY FACTORS FOR ELECTRIC WATER HEATERS 

A-I 

A-4 

--.-.. ~-. ~ -.-----.--.-.---.---~---.-.. ----.-----.--... ~_.,__-------------r---'---"~--------'~--"'---'" 

Tank capacity gallons Energy Factor 2 

Tesl unil' Test Current tesl Rated Measured procedure in 

._ .. ____ . ____ . __ . __ ...... _ .. ___ .... ________ . __ .. _ ... _._._._ .... __ ~-.---.--_-.~----______ ~t-o-d~aY~'sn.-o-ti-ce~--~ __ o-ce-d-u_re .. 

3 

.... -+_ 

30 

52 

82 

40 

40 

21.3 

49.0 

77.3 

36.3 

36.6 

35.B 

0.84 O.BB 

.89 

.80 

.84 .85 

.B6 .BB 

.82 .85 

GAMA 

directory 

rating" 

0.91 

.89 

.84 

.90 

.90 

.90 

:fu~~ 

.... --.---------.---____________ ... __ L._ ... ____ . _____ -L-. __ . ____ ---1 ___ ....... ___ ._ ... 

,. Test units by make and model' were as follows: 

Test unit 

A-I 

Manufacturer 

Industries 

Roebuck & Company 

State Industries 

Sears Roebuck & 

A.O. Smith Water 

.................. 1 Rheem Manufacturirlg 

Model No. 

Censible PV30 1LS1. 

Survivor Kenmore 625-320520. 

PX821RT1. 

153.313470, 

Rh,ef'rn"I:"~~ Standard B1VR40D . 

"The difference between the "GAMA DirectoPj Ratin,," and the NIST test results (current test procedure)· can be attributed. to several factors including 

manufacturing tolerance and ~odtlct variabiliiy. For example: one unit was found to have a considerable amount of voids ·in. ils foamed·in insulation. Since losses f.or 

electric water heaters are controlled by the quantity and quality of. insulation, voids result in increased standby losses, thereby, redUCing the umt's energy factor: While 

Ina units all measured lower in,energy factor under the current test. procedure than, the, GAMA. Directory Rating, DOE does not beheve that the results for umts that 

minimally compl~ with the standard, based on test, will differ from those DOE found. DOE believes that the differences in lest methods WIU· result In a two. pOint (0.2) 

difierence (on average) for electric storage water heaters. • . "Current test procedure for electric and gas water heaters: is the test procedure in 10 CFR Pari 430 Subpart 8, AppendiX E. The GAMA Directory Rating is also 

based on this lest· procedure. 

8-1 

TABLE 2.-TEST RESULTS-ENERGY FACTORS FOR GAS WATER HEATERS 

....... _--------_ ... _ ... _._------------------.,-----------,.-------_._-----_._--_ ... 

Testunil' 

Tank capacity Energy Factor ._.,._-_ .... ,-~-"-------~--- - -- T--

Rated Measured 

Test 

procedure in 

today's notice 

Curren! test I GAMA 

procedure I directory rating 

, ---I----~---

28.3 .56 .. .56 • .57 

2B.6 .51 I .56, . .57 

3R5· 0.55 O'5fL 0.55 

47,9 .53 L· .53 . .54 

_. ______________________________ .....Jl-_____ ..J... _____ 3_B ..... O ....L. ______ .:~_. ___ .~4.· ___ ~~5 

I Test units by make and model were as follows: 
CAS-RM-79-105 COMMENT 01

1894 Federal Register / Vol. 54, No. 10 I Tuesday, Jaunary 17, 1989 I Proposed Rules 

- Test unit Manufacturer Model No. 

8-1 ................................................................................................. Rheern Manufacturing Co ........................................................... ~~:~n: ~;:~~yF~~;~_226~40-7 

i=L::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~:;~~~:~~~~:i:i~~i~~~::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::: ~~1~~~;i:::~~!rGVF~~:;fT 5 

6-5 .......................................................................................................... A.O. Smith.............................................................................................. Energy Saver PGX40-202. 

TABLE 3.-TEST RESULTS-ENERGY FACTORS FOR OIL WATER HEATERS 

Test unit' 

~ ___ Ta_n_k~a~~Cfl~Y~g~al=16~n~s __ .-i __________ ,-E_n_W~g~y_fa_ct_~~ _______ _ 

Rated Measured 

Test 

procedure in 

today's notice 

Current test . GAMA 

procedure 2 directory rating 

C-1 ....................................................................................... :.............................................. ~ 29.5 0.52 

C-2 .......................................................... , ........................................ _ .. ·_ .. ·_ .. ·_ .. ·_ .. ·_, .. ·_ .. ·_ .. ·_· .. _,,·_· .._·"L ___ --1...,-.. ___ 2_9.-:-4..L-___ .4_9.-l-. _____ .l--___ . __ 

0.52 0.53 

.49 .51 

1 Test units by make and model were as follows: 

. : 

Tesl unit Manufacturer Model No. 

t~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~~~~i~~~~~~~°:ie~i~;"c~;p:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~~OE~~2. 

2 Current test procedure for Ofl tueled watw healers is a Ihree draw similated use lexl granted 111 lesl procedure waIVers to aU manufacturers of oil fueled w<ller 

healers (51 FR 18659). The GAMA Directory Raling is also based on Ihese tesl procedure waivers. 

h. Test Procedures 

DOE Is setting forth herein the 

amended test procedure which 

incorporates changes made to the March 

1987 proposal and which was used to 

determine the proposed standards in 

today's notice. . . These amended water heater test 

procedures will be made final at the 

same time the standard levels are made 

final for watel' heaters. These amended 

test procedures are not proposed here 

for comment except in regard to the 

manufacturers' ability to replicate the 

DOE methodology in complying with the 

new efficiency standards. 

1. Discussion of Comments 

Definition of Instantaneous Water 

Heaters. Two manuf&cturers of 

instantaneous water heaters. Robert 

Bosch Corporation (Bosch) and 

International Technology Sales 

Corpol'ation (ITS). commented that the 

March 1987 proposal is confusing in that 

less than 20 gallon tank capacity would 

be included in the proposed definition of ' 

instantaneous ';vater heaters. (Bosch, 

No. 69, at 3, and ITS. No. 65, at 2).2 

2 Comments on the rulemaking were given docket 

numbers.' For comments submitted in writing, 

citations provide the name of the organization, firm 

or person who made the comment, the docket 

number assigned 10 the comment, and the page on 

which the comment. is found in the commenter'g 

submittal. For comments made In ornl presentations 

These commenters suggested a 

definition of instantaneous water 

heaterS that is based on demand and the 

heating operation is activated by a flow 

of water. ITS commented that three 

National Codes classify an' 

instantaneous water heater as having 

one gallon of storage or less. ITS also 

commented that electric instantaneous 

water heaters differ from gas water 

heaters of the same type due to the fact 

that the "electrics" are primarily used to 

produce tempered water, rather than hot 

water, for industrial and commercial 

applications and should not be included 

within the scope of this proposed rule. 

ITS also commented that small point of 

use electric storage systems along with 

small single task gas instantaneous 

water heaters should be exempt from 

DOE regulations. ITS commented that 99 

percent of its mini-storage type water 

heaters (1.33 gallon) are used in wet 

bars and in offices, while 99 percent of 

the electric instantaneous are used in 

industrial/ commercial applications. 

The definition of gas fueled 

instantaneous water heaters in the test 

pl'Ocedures included in today's notice 

includes only water heaters intendeq to 

supply the residential hot water 

requirements and excludes small special 

purpose commercial type water heaters. 

at public hearings cilations provide the name of the 

ol'gariization, the date of the public hearing, and the 

page number of the official transcript of the 'Public 

hearing where the comment is found. 

With these exclusions, the typical water 

usage rate proposed for storage type 

household water heaters will also be 

applicable to instantaneous gas type 

household water heaters. 

Hot Wale!' Usage. The hot water 

usage proposed in the March 1987 

proposal included four assigned hot 

water usage rates. The majority of watel' 

heaters would have been assigned 60 

gallons per day under that proposed 

procedure. 

Thermar Corporation (Thermar) 

stated that 60 gallons per day should be 

the only usage against which all 

residential heaters be measured. 

(Thermar, No. 50, at 3). 

The Natural Resources Defense 

Council (NRDC) commented that 60 

gallons per day is excessive for an 

average family size and suggested that 

30 to 40 gallons per day is more 

appropriate. (NRDC, No. 51, at 2-5). In 

addition. NRDC suggests an alternative 

table of daily hot water use. The NRDC 

proposal would place almost all 

residential water heaters into either 30 

or 45 gallon per day usage categories, 

and the oil-fired water heaters would all 

be assigned 45 gallons per day instead 

of 60 gallons per day as proposed. 

Bock and GAM A commented that the 

assigned value for annual usage for oil 

fueled water heaters should be the first 

hour rating. (Bock, No. 28, at 1, and 

GAMA, No. 59, at 18). 
CAS-RM-79-105 COMMENT 01

Federal Register / Vol. 54, No. 10 / Tuesday, Jaunary 17, 1989 / Proposed Rules 1895 

The purpose of the first hour rating 

was introduced primarily to select a 

water heater that would satisfy 

consumer needs, and secondly as a way 

for comparing water heaters having 

similar capacity in terms of their ability 

to deliverhot water. The selection 

process of determining a water heater 

size thaI would be needed to supply the 

peak amount of hot water needed in one 

hour involves adding up all the hot 

water uses expected in one hour, or 

highest expected use, and to purchase 

water heater having a first hour rating 

equal to or close to this estimated 

maximum demand. DOE does not 

consider the total amount of hot water 

that would be used in a day to be 

equivalent to this maximum one hour 

demand period. i.e., first hour rating, as 

proposing by Bock and GAMA. 

The March 1987 proposal included 

broad groupings of first hour ratings (in 

20 gallon increments) for an assigned 

value of daily hot water usage. The 

. proposal grouped most of the typical 

residential water heaters within the 60 

gallon per day usage group. If the 

GAMA and Bock recommendations 

were to be adopted, i.e., one gallon 

increments, every water heater with a 

djfferent first hour rating would be rated 

on a different hot water usage basis and 

labeled annual cost for water heaters 

would differ due to different water 

usage rates. To assign the total amount 

of hot water that would be used in a day 

to be equal to the maximum one hour 

demand period, Le., first hour rating, has 

no basis. No field test data has been 

supplied by commenters to substantiate 

their proposal. Any relationship 

between peak hourly use and average 

daily.use is unknown. 

DOE considers that Bock and 

GAMA's proposed assigned values of 

daily hot water use based on the water 

heaters first hour rating is also 

inappropriate for these additional 

reasons: 

(i} The instantaneous water heater is 

capable of supplying typically two 

gallons per minute of hot water or 120 

gallons per hour. It would be misleading 

to assign this number of gallons per day 

to a typical instantaneous water heater 

since daily water usage cannot be 

directly related to a water heater's 

ability to supply short term hot water. 

(E) Large electric storage tank water 

heaters may be used as offpeak power 

controlled type, and would typically be 

-an 80 gallon tank with a 100 gallon first 

hour rating. These water heaters would 

not typically use 100 gallons per day, ' 

and their first hour rating would be 

misleading as a measure of daily usage 

since a water heater capacity is sized to 

meet peak needs and not according to 

daily usage. 

The national average use of hot water 

in 1975 was determined to be 450 gallons 

per week as a result of metered field test 

data and is the basis of the current test 

procedure assignment of 64.3 gallons per 

day for a typical family of four. A more 

recent reanalysis by NIST of the daily 

hot water use has confirmed this amount 

(NBSIR 853220 "A Review of Energy Use 

Factors for Selected Household 

Appliances"), and recommended 60 

gallons per day as a national average 

daily usage rElte. Furthermore, a NIST I 

DOE Appliance Forum held at NIST in 

1985 concluded that various utility 

studies tend to confirm a figure in the 

range of the presently set value of 64 

gallons per day. The forum also 

concluded that any minor adjustment, 

Le., 60 gallons per day, would have little 

merit. Therefore, DOE has concluded 

that one typical average value of hot 

water use, the currently assigned value 

of 64.3 gallons per day, remains 

appropriate for labeling the average, 

annual cost for all household water 

heaters. Also, the calculation of energy 

factor is based on this assigned average 

usage value of 64.3 gallons per day. 

First Hour Rating. Maus Technologies 

(Maus) commented that there has been a 

strong emphasis in the water heater 

industry on designing electric water 

heaters by maximizing the capabilities 

of available heat as hot water delivered. 

(Maus, No. 60, at 2.) DOE understands 

this comment to mean that for a given 

amount of energy input more hot water 

would be available for use. Maus 

contends that the increased capability of 

the double element water heater does 

not show up in a comparison with a 

single element electric water heater 

under the proposed pI'ocedure. By 

assigning all electric water heaters with 

their rated recovery rate, the March 1987 

proposal assumed all input energy to be 

available as hot water during the 

balance of the hour after the initial draw 

was completed. Maus contends that 

only a portion of the power input to the 

tank during the heating of water will be 

available as usable hot water during the 

one hour test period unless the water 

heater is of a special design. Maus 

commented that Mor Flow Industries, a 

manufacturer of water heaters, is about 

to introduce a special design of storage 

type water heater which will actually 

deliver the performance that would be 

attributed by the proposed first hour 

rating test to all wa'ter heaters. Maus 

contends that its improved water heater 

design will not be properly recognized 

since the March 1987 proposed 

procedure would allow a conventional 

water heater to be biased with a high 

rating. Maus recommends modificaiton 

of the test procedure to maintain power 

to the heater throughout the test period. 

Furthermore, Maus recommends that 

instead of calculating the amount of 

additional hot water produced, water 

heaters be tested to measure the amount 

of hot water delivered. Maus also 

contends its recommendations will 

allow consumers to properly "size" in 

selecting a smaller water heater tank 

volume, which because of the special 

design would make available as much 

hot water as a larger tank. This would 

allow for an energy savings due to the 

inherently lower standby energy with a 

smaller tank. 

The March 1987 proposal terminated 

the draw when the outlet water 

temperature drops 20 OF below the initial 

temperature. Thermorise Company 

(Thermorise), a developer of a new 

electric water heater design. commented 

that the first hour rating test should be 

terminated when the outlet temperature 

reaches 105 OF independent of the 

starting temperature. (Thermorise, No. 

55, at 1 and 2). Thermorise proposes that 

the heating element or the burner be 

energized during the first hour test since 

this will be the case under operating 

conditions in the field. Thermorise also 

proposed a specific adjustment to the 

flow rate and draw schedule for electric 

water heaters. Thermorise contends that 

the gas and oil-fired water heaters are 

practically immune to flow rate while 

the electrics are affected due to their 

lower recovery rate, with power input 

limitation; due to house wiring at about 

5000 watts. The draw schedule 

Thermorise PI'oposes varies from 1.5 

gallons per minute (gpm) for the smallest 

electric water hea:ters (20 gallons) to 3 

gpm with larger tanks (about 80 gallons). 

GAMA suggested an alternative draw 

test that would be an hour long which 

would determine the amount of hot 

water provided in that period. (GAMA. 

No. 59, at 7). 

NIST concurs with GAMA. 

Thermorise and Maus in their 

recommendations that a full one hour 

draw test be performed. In response to 

these comments, NIST recommended a 

revised test procedure for first hour 

rating. That revised procedure, included 

in today's notice, consists of allowing 

the power to the water heater to remain 

on during the complete test and applying 

additional draws following the initial 

draw whenever the thermostat cuts out 

during the one hour test. At the end of 

one hour, a:ny water remaining in the 

ta:nk which is above a threshold floor 

temperature is drawn from the tank and 

credited for the first hour rating. The 
CAS-RM-79-105 COMMENT 01

1896 Federal Register I Vol. 54, No. 10 / Tuesday, Jaunary 17, 1989 I Proposed Rules 

floor temperature for :terminatin.g the 

draw is assigned a value for testing 

purposes of 25 degrees below the 

maximum temperature of water drawn. 

An: adjustment of the number of gallons 

of the water drawn to account for the 

average temperature of water drawn is 

calculated in order to express the results 

as an equivalent volume at the 

maximum temperature (nominally 135 

"F). 

Thermorise stated that a uniform 

draw rate of 5 gallons per minute for all 

water heaters does not seem 

appropriate .and the rate should be 2.5 

gallons per minute for hea ters rated 50 

gallons or less. NIST recommended that 

lest procedures be kept as similar as 

possible for all water heaters. The 

separate draw schedule proposed by 

Thermorise has not been aocepted. DOE 

has concluded that a draw rate of three 

gallons per minute is appropriate, and 

the draw rate is being revised to three 

gallons per minute for storage type 

water heaters. 

Thermorise recommended a 

calculation procedure to adjust the 

amount of water drawn to an equivalent 

number of gallons at a temperature of 

135 OF. (Thermorise, No. 26, at 1~7. No. 

70. at 1~3,and No. 73. at 1-4). The 

adjustment factor proposed by 

Thermorise is (Tom-(To-Td)/TdJ. where 

To is tht! maximum temperature of the 

drawn water and Tom is the mean 

temperature of the drawn water. and Td 

is the temperature dr.op frpm the 

maximum to the floor temperature. 

Th~rmorise proposed that no credit 

would be given for the water drawn 

until it is heated above the floor 

temperature (nominally 110 OF or 25 OF 

below the maximum 135 OF). The March 

1987 proposal fur correcting the water 

volume used the inlet temperature of 

58 OF as the reference point for 

correction. for a drop of .77 OF. In other 

words, credit was given for heating the 

water from 58 OF. Thermorise 

subsequently withdrew its 

recommended 25 OF drop, in favor .of the 

77 OF drop. (Thermerise, No. 73. at 1). 

NIST has determined that the ferm .01 

the proposed adjustment equation 

recommended by Thermorise offers an 

improvement over the March 1987 

preposal. Because the allowed variation 

of thermostat setting for maximum 

temperature is 1350 ± 5°, there could he 

a slight variation in first hour ratings 

due to the differences in thermostat 

setting from one unit to the next. The 

Thermorise preposed.adjustment factor 

eiiminates such differences .since the 

correction factor results in exactly the 

same value irrespective of fluctuations· 

in thp thermostat setting. This is due to 

the use of an assigned tempel'8ture drep 

in both the numerator and denominator 

of the equation. The temperature drop is 

being assigned in these procedures as 

77 OF (maximum .of 135 OF less the inlet 

.of 58 OF equals 77 °F}.J·headjustment 

factor prescribed here' is ,(Tom"",(To-77)/ 

77). 

Several manufacturers and 

representatives .of instantaneous water 

heater manufactures cDmmented 

concerning the proposed normaliz,ingof 

first hour rating using a five gallons per 

minute adjustment facter in the 

calculation. The March 1987 proposal 

included adjustment of the first hour 

rating bya factor proportional to what 

would be supplied if the tested draw 

were the same as used for storage type 

water heaters (five gallons per minute). 

That adjustment would reduce the first 

hour rating by 50 percent for the typical 

instantaneous water heaters. 

The Contrelled Energy CorporatiDn 

(CE), The Carsen Agency (CA), 

Thermar, ITS, GAMA and Bosch state 

that the 5 gallons per minute flow rate 

specified is excessive and should be 

reduced to 3 gallons per minute. ,(11'8, 

No. iJ5, at 1-2. CA, No. 56, at 1; CE, No. 

62, at 1; Thermar, No.5, at 3 and Bosch 

No. 69, at 5 and 6). The commenteNi 

believe that the first hour recovery 

factor should be equal to the number of 

gallons of water delivered in an hour 

with temperature raised 77 OF wUhout 

adjustment to a 5gpm rate as proposed 

by DOE. CE states that the first hour 

recovery should be based en the amount 

of hot water provided at a given 

temperature. Bosch and ITs also noted 

that 64.3 gallons per day, the assumed 

daily usage of hot water in the current 

test precedure, is in contradiction with 

the adjustment factor used in the March 

1987 proposal. Bosch also states that its 

customers are satisfied with a lower 

flow rate and will accept reduced flow 

for larger periods. Bosch alse states its 

custemers tend to be customers who 

have large hot water demands, such as 

large families who might require 4. 5, or 

6 consecutive showers. in the morning or 

evening. 

DOE agrees that the first hour rating 

as a measure .of utility may be better 

based upon a method and procedures 

which are consistent with usage of the 

preduct. DOE agrees with commenters 

that the first hour rating be the amount 

.of het water the water heater is able .to 

deliver in one hour of continuous draw 

at a 77 OF temperature rise. Test 

. procedures that are included in today's 

notice are based .on the measured 

amount of drawn hot water provided, 

without.adjustment for flow rate. 

Draw Schedule. Thermorise 

cemments that the six dr.aW schedule be 

revised to two ·draws for electric water 

heaters, one to represent the total 

morning use and one to represent the 

total eve~ing use. (Thermorise. No. 55, at 

2). Thermorise comments this would 

reduce testing time. and although it may 

not be representative of the actual use, 

would be warranted given the fact that 

heat transfer in an electric water heater 

is about 100 percent and recovery 

efficiency (which is being determined by 

draw schedule test) would not be any 

more accurate with a more detailed 

draw schedule. Thermar proposed that 

draw be terminated when the outlet 

water temperature reaches 105 OF. 

Thermal' commented that the draw 

schedule for average residential use is 

not 6 equal10-gallon draws. but is one 

major draw consuming perhaps 66 

percent of the proposed 60 gallons and 

as many as 5 smaller draws consuming 

the balance. (Thermar. No. 50, at 3). 

The draw schedules proposed by 

Thermar and Thermorise would result iIl 

a reduced storage tank temperature 

after the initial large draw. 

Consequently. the tank being practically 

filled with cold water would have a 

considerabiy lower standby loss. 

This initial large draw would result in 

a reduced standby energy use 

inconsistent with typical use in the 

home, and is estimated (by calculation 

using an assigned typical water heater 

design for standby less) to result in 

increase of the energy factor by 

approximately 2 percent. Thermar's 

contentioA that two-thirds orall water 

drawn is drawn during One major draw 

is not consistent with field test data 

published by NIST. SAd the American 

Society of Heating Refrigerating and Air 

Conditioning Engineers (ASHRAE) in 

conjunction with field testing by Ontario 

Hydro. The ASHRAE-Ontario Hydro 

Repert shows. at the 95 percent 

confidence level, that the maximum 

hourly use was approximately 12 

gallons. Dr 20 percent of the daily hot 

water use. In results reported fer 

"selected high moming users." the 

maximum use over one heur was 25 

percent of the total daily use. 

DOE rejects the suggestion that the 

draw schedule be reduced. based on a 

review or the comments. The six eflua! 

draws are being retained for aU waler 

heaters. 

Simulated Use Test. In the March 1987 

proposal. recovery .efficiency. was 

included for two purposes: (1) To adjust 

the daily water heater eriergy consumed 

in order to account fer differences in the 

water temperaillre, i.e~. energy centent 

.of a storage tank at the end of test as 
CAS-RM-79-105 COMMENT 01

Federal Register I Vol. 54, No. 10 I Tuesday, Jaunary 17, 198~.1 Proposed Rules 1897 

compared with the starting condition; 

and (2) to calculate the first hour rating. 

The proposed method of test for 

recovery efficiency was the ratio of 

output energy to input energy over a six 

hour test. which included six 

intermittent draws spaced one hour 

apart. 

GAMA commented that all six of the 

draws should be conducted with each 

successive draw beginning as soon as thermal equilibrium has been attained 

as a result of recovery from the previous 

draw. (GAMA, No. 59, at 6). GAMA 

contends that the computation of 

recovery efficiency from the proposed 

test procedure is not consistent with the . 

current recovery efficiency since the 

energy measured during the first six 

hours of the test includes several 

minutes of standby energy lost between 

each draw. For water heaters with 

significant standby losses and low 

recovery efficiencies. use of the current 

procedure will result in a significant 

error, according to GAMA. 

Comments also were received 

suggesting that recovery efficiency be 

retained in its current form. The 

California Energy Commission (CEC) 

requests that recovery efficiency and 

standby loss be maintained as clear 

components of the test method since 

these values are both used in a proposed 

ASHRAE Standard test method (SPC124P) for combined space/water heating 

appliances and CEC documents. (CEC, 

No. 57, at 1). 

Book commented that separate 

thermal efficiencies and standby loss 

calculations be retained, since they may 

be useful in predicting performance of a water heater in applications different 

from the test conditions used in the 

March 1987 proposal and in today's 

notice. (Bock, No. 28, at 2). 

NIST investigated the GAMA 

proposal as well as other approaches to 

adjusting recovery efficiency so that 

standby energy would not be included in 

the six hour draw test period. As a 

result of these tests, NIST recommended 

that recovery efficiency for gas, oil and 

heat pump water heaters be measured 

during the first draw of the six draw 

test. In this test, any difference in the 

tank energy content between the start 

and end of the first draw is accounted 

for. DOE has concluded that since the 

recovery efficiency of electric water 

heaters with immersed heating elements 

is near 100 percent (less jacket and pipe 

fitting losses), electric water heaters 

should be assigned a recovery efficiency 

of 98 percent. This is consistent with the 

assignment of 98 percent in the current 

test procedures. 

The procedures included in today's 

notice require a test for recovery 

efficiency be run at both maximum and 

reduced fuel input rates if the water 

heater is equipped with a control device 

which provides for burner input 

modulation. These procedures specify 

that the six water draws be run with the 

burner operating at maximum input. 

Since the March 1987 proposal, NIST 

has reported test results for several 

makes of instantaneous water heaters 

(NBSIR 87-3537, May 1987). The NIST 

tests show recovery efficiency to be 

dependent upon flow rate of water 

drawn. Flow rate affects burner input 

rate which affects the steady-state 

combustion efficiency because, with 

atmospheric type burners operating at a reduced burner firing rate, an increase 

of excess combustion air results. 

Combustion efficiency is at its maximum 

at the maximum input rate and falls off 

at reduced burner firing rates. 

In tests results reported by NIST, 

recovery efficiency fell by up to six 

percentage points with reduced fuel 

input rates when water flow rates were 

reduced. 

There cim be any number of water 

flow rates from the minimum (1f2 gpm 

approximately) which initiates burner 

operation to four gpm. ,The maximum is 

determined by ability of the water 

heater to produce usable hot water. 

In order to prescribe a test which will 

reflect all potential burner input rates, 

the test procedures in today's notice, for 

units which modulate gas flow, 

prescribe that three of the six water 

draws be run with the burner operating 

at maximum input and three draws 

(four, five and six) be at the minimum 

input. The water flow rate specified for 

the maximum input is whatever is 

needed to achieve a temperature rise of 

77 OF. Water flow rate for the reduced 

firing rate is specified as that flow that 

maintains burner operation at the 

minimum fuel input. Total time of 

operation at reduced input rate is 

adjusted in order that one half of the 

daily output energy is produced with the 

burner operating at reduced (minimum) 

input rate. 

Average recovery efficiency for 

modulating type burners is calculated as 

the average energy output to input 

energy for draws No.1, run at maximum 

fuel input, and No.4, run at minimum 

fuel input. 

Both Thermar and ITS commented 

that instantaneous water heaters do not 

result in standby loss since there is no 

storage; therefore, the test procedure 

proposed for recovery efficiency and the 

need to monitor room temperature is not 

needed. (ITS. No. 65. at 3. Thermar. No. 

50, at 4). 

NIST has recommended in its analysis 

of comments that the six draw test 

procedure and the 18 hour standby 

period should be retained for 

instantaneous water heaters so that 

testing of all water heaters is performed 

under the same set of conditions. 

Both ITS and Thermar contend that 

for testing water heaters all that is really 

necessary to determine efficiency is a· 

thermocouple to record incoming and 

discharge water temperatures along 

with meters to measure energy 

consumed. This would mean only 

recovery efficiency would be used as a 

measure of energy efficiency ratio. 

DOE rejects the simplified single draw 

test or steady-state test. With a single 

draw the energy stored in the heat 

exchanger is lost during burner off 

periods. In a single draw or steady-state 

test, these cyclic losses are not 

accounted for. Also, the intermittent 

draw is more representative of how the 

water heater is actually used. 

The difference between energy factor 

for 24-hour simulated use test and 

recovery efficiency for a single draw is 

considerable. NIST reported, NBSIR 87-

3537 "Performance of Instantaneous 

Water Heaters," May 1987, energy 

factors of between 10 and 24 percentage 

points lower than recovery efficiency at 

64.3 gallons per day. The greatest 

difference between the four water 

heaters tested was for one having the 

highest pilot input rate, i.e., 896 Btu/hr. 

In other words, pilot input rate is 

expected to be an important factor in 

meeting the energy factor specified in 

NAECA and proposed today for gas 

fueled instantaneous water heaters. 

A standby test of 18 hours prescribed 

in these procedures will reflect only the 

pilot loss, since there is practically no 

stored water by definition for this type 

heater. Although instantaneous water 

heaters may be equipped with a valve to 

shut-off the pilot and a manual start-up 

ignition source (such as a piezoelectric 

spark ignitor), procedures in today's 

notice are based upon full use of the 

pilot energy in the simulated use test 

and require the pilot to remain in 

operation. Standby loss could be 

measured in a shorter period of time for 

instantaneous type water heaters. 

GAMA, in its comments,. suggests that 

the standby test may be terminated after 

one hour and calculated for the daily 

energy use by multiplying the total hours 

for the daily standby period by that 

hourly loss. 

GAMA also comments that the 

standby loss as a measure of water 

heater performance should be deleted 

from the test procedure since the term is 

not used or determined. (GA~1A. No. 54, 

at 19 and 28). CEC asks that the standby 

loss description be expanded to 
CAS-RM-79-105 COMMENT 01

1898 Federal Register / Vol. 54, No. 10 / Tuesday, Jaunary 17, 1989 / Proposed Rules 

describe how to calculate standby loss, 

and "that it be retained as a clear 

component of the test method so that it ' 

may be used for other applications such 

as ASHRAE standards." (CEC. No. 57, at 

1). 

The test procedure included in loday's 

notice provides details on how to 

calculate standby loss. The current DOE 

test procedures define standby loss as a 

percent per hour term from which the 

actual loss as Btu per hour couid be 

calculated. Test procedures in today's 

notice express standby loss directly as 

the "Hourly Standby Loss" in Btus per 

hour. See Section 6.2.4 of today's notice 

under the "Amended Test Procedure" 

(section 2 below). In order to maintain a 

consistent procedure for all types of 

water heaters. the entire 24-hour 

simulated use test is being retained. 

Correction of "Measured Energy to 

Reference Temperature Conditions. The 

March 1987 proposal allowed 

temperature ranges for room air 

temperature of 65-70 of. thermostat 

setting (average tank temperature at 

thermostat cut out) of 135±5 OF and 

inlet water of 58 OF ±2 OF. At the 

extremes of these conditions. with the 

most favorable being the lowest 

temperature differences between stored 

water and'room temperature. i.e., 60 OF. 

(130 OF less 70 OF), and the least 

favorable. 75 OF. (140 OF less 65 OF). the 

standby energy effects alone would 

mean typical energy use variation of 

from 68.133 to 79.585 Btus per day. 

respectively. Energy factor would also 

be affected at these extremes. These 

conditions assume the inlet water 

term perature is held at 58 OF. The added 

tolerance of ±2 OF on inlet water would 

extend maximum energy use to 80.868 

Btus per day with inlet water of 56 OF. 

Procedures prescribed here now 

include an adjustment of the measured 

recovery energy use to the required 

conditions of a 77 or temperature rise of 

the heated water (135 °F± 58 "F). Also, 

the standby energy use is adjusted from 

average measured temperature drop 

between the stored water and test room 

to a required difference of 67.5 OF (135 OF 

± "F67.5 ·'F). The mid point of the 

allowable room temperature range of 65 

to 70 is 67.5 OF. These changes for 

correcting to reference conditions are 

('xpected to correct in part problems of 

repeatability of test results raised by 

Ecod:Jlne in its comment. as detailed 

below. 

Repeatability.of Test Results. 

Ecodyne commented that the wide 

variability of the tolerances for 

thermostat settings. room temperature 

and inlet water temperature will not 

allow for repeatability in testing. 

(Ecodyne. No. 63, at 4.) Ecodyne claims 

its test results with the same unit in six 

tests varied from an energy factor of 0.83 

to 0.92. Ecodyne believes that the 

existing test procedures give more 

repeatable results and should be 

retained. 

Ecodyne commented that its plastic 

electric storage water heaters. with 

bui.lt-in thermal mass, has more material 

to store heat than a conventional metal 

tank. Ecodyne claims that it can ~ake 24 

hours or more to balance heat flows and 

suggested that an option be provided to 

cycle a unit for a period-for stabilization 

before the, test is run. 

NIST tested an Ecodyne manufactured 

plastic electric storage water heater and 

found no significant difference in energy 

factor between a test run without preconditioning, with the tank filled and 

with power on the thermostat adjusted. 

Although pre-conditioning of the tank 

was intended for high mass oil fueled 

water heaters. it has been included for 

any water heater if that will improve 

repeatablity of test results. 

Ecodyne also commented that 

repeatability can be affected by air 

movement in the laboratory particularly 

with the exposed piping specified in the 

March 1987 proposed procedure. 

(Ecodyne, No. 63. at 2). 

NBS has checked repeatability of test 

results by these prescribed procedures 

and has determined that results are 

repeatable. However, a caution 

statement has been added to the 

procedures in today's notice concerning 

protecting against drafts in the test area. 

Ratings for Untested Models. Rheem 

Manufacturing Company (Rheem) 

proposed a calculation method to avoid 

the cost of testing each electric water 

heater having identical construction and 

tank capacity with the only difference 

being electric wattage of the immersed 

heating element. (Rheem. No. 71. at 1). 

Rheem proposes the value for first hour 

rating and energy factor be determined 

for one particular input rating (wattage) 

as the standard input. and these test 

results be assigned for all available 

inputs of that same tank design. As an 

example of the additional testing 

required. Rheem claims that a single 

series in its double element product 

includes 40 combinations of elements 

and that the most popular combination. 

4.5 Kw elements. accounted for 85.62% 

of these sales. Since there are eleven 

different tank sizes in this series varying 

from 30 to 120 gallons. Rheem claims 440 

tests would be required for rating just 

this one series. 

In response to this comment. the tesl 

procedure included in today's notice 

specifies that. in lieu of testing. those 

water heaters having power input less 

than the manufacturer's designated 

h j 

standard input. may be assigned, as the 

first hour rating. the number of gallons 

removed from the tank in the first draw 

of the first hour rating test. Also, in lieu 

of testing, water heaters with power 

inputs greater than the standard input 

rating, the first hour rating determined 

for the standard input may be used. 

Similarly, energy factor for the 

identical electric storuge type waleI' 

heater with the exception of heating 

eiement wattage may be assigned 

results for the standard water heater, 

i.e .• standard input rating. Since 

insulation of a specific electric water 

heater design is all that determines the 

energy loss. the assignment of the 

energy factor to an identically 

constructed water heater would be 

technically correct. 

Piping Inlet aIld Outlet ConfiguJ'Otiol1. 

Ecodyne states that the heat loss from 

pipes should not be included when a 

water heater is tested. (Ecodyne. No. 63, 

at 2). Ecodyne claims that the issue of 

piping should not be reflected in the 

performance of a water heater. 

GAMA recommended that the 

instructions on piping connections be 

revised to specify an arrangement of 

galvanized piping connections which 

includes two vertical runs of at least 12 

inches. a lateral run and several elbows. 

(GAMA. No. 59, at 11). GAMA 

recommends the use of galvanized pipe 

rather than copper tubing since 

galvanized pipe can be screwed directly 

on to and off of the water heater's water 

connections since all water heaters have 

threated water connections. The 

configuration suggested by GAMA runs 

the water through two 90 OF turns before 

a temperature measurement is taken. 

The additional bends serve to mix the 

water and provide a more accurate 

temperature measurement. 

The NRDC.states t.itat the testing of 

water heaters with DOE proposed piping 

configuration represents a more 

accurate procedure for crediting heat 

traps than the system provided in the 

current regulations. (NRDC, No. 51, at 8). 

The piping configuration adVOCated by 

GAMA essentially forms an external 

heat trap on both the inlet and outlet of 

the water heater which would tend to 

reduce thermal losses. Also, the use of 

galvanized piping is not typical in actual 

hot water installations and could affect 

test procedure results. NIST, however, 

advocates the use of unions which will 

facililate the installation and removal of 

the copper water heater piping and 

proposes an arrangement which would 

insure adequate mixing of the fluid 

streams. DOE has determined that test 

procedures concerning piping 

configuration and test set up as 
CAS-RM-79-105 COMMENT 01

Federal Register I Vol. 54, No. 10 / Tuesday, Jaunary17, 1989 I Proposed Rules 1899 

provided in the March 1987 proposal are 

appropriate. 

Temperature Measurement of Stored 

. ater. Ecodyne comments that its 

company experiences difficulty 

installing the thermocouple probe for 

measuring the water temperature within 

the storage tank. One lank which 

Ecodyne produces is .all plastic and does 

not have an anode rod and related 

opening. The tCInperature and pressure 

relief valve opening is located above the 

heating element which prevents 

insertion of the probe at this location. 

The cold water inlet cannot be utilized 

because of the dip tube. Thus. Ecodyne 

contends. only the hot water outlet may 

be used and in so doing an extra Tfitting and elbow are required which 

adds extra mass and heat transfer 

surface area. Ecodyne further states that 

on units supplied with heat traps, the 

heat trap must be moved. necessitating 

additional fittings which result in 

unrealistic test results. (Ecodyne. No. 65, 

at 2). Ford Products Corporation (Ford) 

also expressed concerns regarding the 

use of the thermocouple probe at the 

public hearing on the proposed test 

procedures for water heaters. (Ford, 

April 23, 1987. at 90). GI\MA 

recommended that the installation 

procedure for the thermocouple probe be 

modified to recognize that some storage 

1ks may not accommodate six 

.clrmocouples or have an accessible 

protective 1;lnode in which the probe 

may be inserted. {GAMA. No. 59. at 4). 

DOE agrees with these commen,ts and 

has changed the test procedures to 

reflect them. 

Ambient Air Temperature 

Measurements; ITS, CE and Thermar 

state that ambient air temperature is not 

relevant in the testing of instantaneous 

waleI' heaters and should not be 

required. (ITS. No. 65, at 4, Thermar, No. 

50. at 3, CE, No. 62, at 2). CE and ITS 

commented that requiring the 

measurement of ambient temperature 

would cause undue hardship and may 

force several small companies to 

abandon their efforts. 

DOE believes the ambieHt air 

temperature surrounding an 

instantaneous water heater will.affect 

the performance of the water heater 

based upon the design of the water 

heater. For example. an instantaneous 

water heater with a large heat transfer 

surface area, tested with a surrounding 

ambient temperature of 100 cF. would be 

given an advantage over a unit of 

similar design tested with all ambient 

temperature of 65 OF. DOE 

acknowledges that for units currently on 

the market the effect of ambient 

temperature would be minimal. but 

believes that a uniform ambient 

temperature should be imposed for the 

testiHg of all water heaters and this 

temperature should be recorded and 

reported. DOE does not concur with the 

commenters that measurement of 

ambient temperature forces an undue 

hardship on the manufacturers of 

instantaneous water heaters, since the 

measurement of ambient air temperature 

can be easily performed with a 

relatively inexpensive thermometer 

having an accuracy of ±1 OF .. 

Flue and Vent Pipe Installation. 

GAMA recommended changes 

concerning the flue requirements for 

gas- and oil-fired water heaters. 

(GAMA, No. 55, at 9,10 and 12). 

Specifically, GAl\1A suggested the 

following installation requirements: 

For gas-fired water heaters having a 

vertically discharging draft hood outlet. 

a five foot vertical vent pipe extension 

having a diameter equal to the largest 

flue collar size of the draft hood shall be 

connected to the draft hood outlet. 

For gas-fired water heaters having a 

horizontally discharging draft hood 

outlet, a 90 degree elbow having a 

diameter equal to the largest flue collar 

size of the draft hood shall be connected 

to the draft hood outlet. A five foot 

length of vent pipe shall be connected to 

the elbow and oriented to discharge 

vertically upward. Perform all tests with 

the natural draft established bv this 

length of vent pipe. ' 

A water heater equipped with a 

mechanical draft system shall be 

installed with the mechanical draft 

system in accordance with the 

manufacturer's instructions using the 

minimum vertical and horizontal lengths 

of vent pipe recommended by the 

manufacturer. 

For an oil-fired \'\'8ter heater, establish 

a draft at the flue coUar as 

recommended in the manufacturer's 

installation instructions. Establish the 

draft for oil-fired water heaters with a 

vertically discharging draft outlet by 

using a sufficient length of vent pipe 

connected to the water heater flue outlet 

ilnddil'ecled vertically upward. 

For an oil-fired wat\~r heater having a 

horizontally discharging draft hood 

outlet, a 90 degree elbow having a 

diameter equal to the largest flue collar 

size of the draft hood shall be connected 

to the draft hood outlet. A length of vent 

pipe sufficient to establish the draft 

shall be connected to the elbow fitting 

and orienled to discharge verticaliy 

upward. Direct vent oil-fired water 

heaters should be installed with venting 

equipment as specified in the 

manufacturer· s instructions. 

DOE has adopted GAMA's 

recommendations in their entire tv for oil 

and gas water heater vent requir~ments 

specified in loday's notice. 

Water Supply Pressure. GAMA 

recommended that the specification 

dealing with supply water pressure be 

modified such that the waleI' pressure 

need not be maintained between 40 psig 

and the maximum pressure specified by 

the manufacturer when water is being 

removed from the storage tank. (GAMA, 

No. 59, at 4). 

DOE agrees with this GAMA 

recommendation. The following waler 

pressure requirement is contained 

withiH these prescribed test procedures: 

During the test when water is no! being 

withdrawn, the supply pressure shall be 

maintained between 40 psig and the 

maximum allowable pressure specified 

by the water heater manufacturer. 

implementatJ'on and Timing. Thermar 

and CE request that at least two years 

elnpse between the formulation of a 

final test procedure and implementation 

of the procedure. (Thermar. No. 50, at 4, 

and CE, No. 62. at 2). GAMA states that 

additional time is needed to evaluate the 

proposed revised test procedure. 

determine the transition of the Federal 

minimum efficiency requirements)o 

reflect the revised test procedure, and to 

conduct tesls to determine the new 

ratings of exiHting water heater models. 

(GAMA. No. 59, at 2). GAMA requests 

an interim rule, which in GAMA's 

opinion, would allow for a proper 

determination of the amendment to the 

Federal minimum standards and allow 

some relief from the burden imposed by 

the combination of new test procedures 

and Federal minimum conservation 

requirements. 

DOE believes this proposed rule, 

which includes the revised test 

procedure. should satisfy these 

comments. 

otf-Peak liValer J-if'ater..<;. A number of 
CAS-RM-79-105 COMMENT 01

1900 Federal Register I Vol. 54, No. 10 I Tuesday, Jaunary 17, 1989 I Proposed Rules 

comments 3 were received by DOE 

concerning "off-peak" water heaters. 

Ohio Power Company states that the 

inclusion of off-peak storage water 

heaters in the DOE testing procedures 

would be most welcomed. This utility 

believes that the widespread use of offpeak storage water heating is an 

efficient and cost-effective means of 

reducing growth in coincident peak 

demand. thereby delaying the need to 

construct new generating capacity. 

Municipal Lighting Plant of Chicopee, 

. Massachusetts commented that off-peak 

water heating is a necessary part of its 

energy management program. It urges 

DOE to find a way to test and rate this 

special design in a manner that gives the 

customer a fair comparison of its 

advantages. 

New England Power Service 

comments that off-peak water heating is an integral part of the Load 

Management and Energy Cons~rvation 

Program. Thus. it urges DOE to develop 

and implement tests designed to 

illustrate the energy conservation 

advantages of "off-peak" storage-type 

electric water heaters. 

Bozrah Light and Power Company 

also contends that off-peak water 

heating is a necessary part of its energy 

management program. It urges DOE to 

find a way to test and rate this special 

design in a manner that gives the 

customer a fair comparison of its 

advantages. 

3 The following companies submitted comments 

supporting the development of specific tes,t 

procedures for off·peak water heaters: 

Commenter Numb"r 

Robert E. Cook .............................. :: ......... 27. 

Northeast Utilities ..................................... 68. 

Kingsport Power Company..................... 48. 

Pubilc Service Electric and Gas Com· 49. 

pany. 

Clinton Electric Cooperative Inc ............. 43 and 44. 

Lower Yellowstone Rival Electric As· 34. 

soeiation Inc. 

Brown County' Rural Electrical 35. 

Association. 

New York State Electric and Gas 36. 

Corporation. 

The Frontier Power Company ................ 37. 

McClean Electric Cooperative ................ 38. 

City of Chicopee, Municipal Ughting 45. 

Plant. 

New England Power Service .................. 46 and 58. 

Bozrah Ught and Power Company ........ 47. 

American Electric Power Service Cor· 39. 

poration. 

Illinois Electric Cooperative..................... 40. 

Thumb Electric Cooperative ................... 41. 

Joyland Power Cooperative, Inc. .......... 42. 

Diluesne Ugh!........................................... 30. 

Corn Belt Electric Cooperative Inc ........ 31-

Eastern Illinois Power .............................. 32. 

Federated Rural Electric Association.... 33. 

Ohio Power Company .............................. 64. 

Vaughn Corporation ................................. 66. 

Columbus Southern Power Company .... 53. 

Indiana and Michigan Electric 54. 

Company. 

Kingsport Power Company comments 

that due to the benefits to both the 

customer and utility, it has implemented 

, a rate incentive which provides a lower 

energy cost where an "off-peak" water 

heater isinstalled and operated during 

off-peak periods. Kingsport Power 

Company contends that "off-peak" 

storage water heaters require specific 

testing methods. Once the appropriate 

test methods are developed. Kingsport 

Power Company believe they will verify 

the benefits of "off-peak" water heating. 

Public Service Electric and Gas 

Company recommends that strong 

consideration be given to determining a 

method to rate "off-peak" water heaters 

in order to afford customers the 

opportunity to obtain a fair comparison 

of the advantages of off-peak water 

heating. 

Columbus Southern feels that specific 

testing of "off-peak" storage type 

electric water heaters is both warranted 

and desired. Columbus Southern cites 

ETL test results for "off-peak storage 

type electric water heaters," which 

exhibited a marked improvement in 

energy factor over the same water 

heaters tested using the current DOE 

test procedures. Columbus Southern 

believes that efficiency test procedures 

should exist for significant energy use 

concepts such as off-peak storage water 

heating. 

Kentucky Power Company believes 

that DOE's consideration of specific 

testing for "off-peak" storage type water 

heaters is a definite step in the right 

direction. Kentucky Power. like 

Kingsport Power Company, has 

implemented a rate incentive which 

provides a lower energy cost to the 

customer for hot water heating. The 

company believes that "off-peak" water 

hellters require specific testing methods. 

and once the appropriate methods are 

developed. they will verify the benefits 

of this unique method of water he,ating. 

The Indiana and Michigan Electric 

Company (Indiana and Michigan) 

believes that the implementation of test 

procedures for "off-peak" storage type 

electric water heaters would prove quite 

beneficial. This utility believes that the 

present DOE test procedure does not 

compensate for the reduction in standby 

losses due to night time deactivation 

and temperature setback. Indiana and 

Michigan contends that off-peak electric 

water heating plays a vital role in its 

commitment towards time of day rates. 

It believes that measures of energy 

consumption for these controlled water 

heaters would help improve and 

standardize the design of large capacity 

and time differentiated storage type 

electric water heaters. 

Edison Electric Institute agrees with 

DOE that the test methods developed for 

"off-peak" water heaters should be 

restricted to electric water heaters. 

Edison points out that more than 100 

electric utilities have programs for 

electric water heater control. and many 

others are investigating the institution of 

similar programs. Edison concludes by 

stating that there is a desire for better 

information on technological aspects of 

water heaters, and DOE test procedures 

for "off-peak" water heaters would be a 

welcome addition to these efforts. 

Vaughn Corporation notes that there are two test procedure areas which will 

have to be considered, standby loss and 

first hour rating. in order for controlled 

water heaters to be integrated into the 

DOE water heater test procedure. 

Vaughn states in its Hearing 

Testimony attachments that controlled 

water heating has been in use for more 

than sixty years. (Vaughn. Apr 23.108). 

Vaughn believes there are three areas 

that benefit from controlled water 

heating: 

(1) Public policy is served because 

less energy is consumed to provide a service that is essential in every home. 

(2) Electric utility energy management 

is served by reducing peak requirements 

and also by transferring that 

requirement to the period of least 

demand where resources may be under 

utilized. 

(3) The consumer is served through 

having a high quality service at a lower 

price. 

Due to the numerous comments on 

this topic. NIST and DOE plan to 

explore various concepts for testing "offpeak" electric storage type water 

heaters. DOE expects to propose a 

rulemaking for controlled water heaters 

upon completion of the NIST study. 

2. Amended Test Procedure 

DOE is setting forth an amended test 

procedure which incorporates changes 

made to the March 1987 proposal and' 

which was used to determine the 

proposed standards in today's notice. 

The water heater test procedures in 

today's notice will be made final at the same time the standard levels are made 

final for water heaters. Test procedures 

are not proposed here for comment 

except in regard to the manufacturers' 

ability to replicafe the DOE 

methodology in complying witl: the new 

efficiency standards, 

Uniform Test Method for Measuring the 

Energy Consumption of Water Heaters (as 

Found in Appendix E to Subpart B of Part 

430) 

1. Definitions 

1.1. "Cut-in" means the time or water 
CAS-RM-79-105 COMMENT 01

Federal Register / Vol. 54, No. 10 / Tuesday. Jaunary 17, 1989 / Proposed Rules 1901 

temperature when a water heater thermostat 

has acted to increase ,the eneegy or fuel input 

" the heating elements, compressor. or 

nero 

1.2. "Gut·out" means the time or water 

temperature when a water heater thermostat 

has acted to·.reduce to a minimum the energy 

or fuel input to the heating ele'menls, 

compressor, or burners to a minimum. 

1.3. "Oesign Power Rating~ means the 

nominal po\'lier rating that a water heater 

manufm;turer assigns to a particular design of 

water heater, expressed in kilowatts or Btu 

per hour as appropriate. 

1.4. "Energy Factor" means a measure of 

water heater overall efficiency in terms of 

energy output compared to energy 

consumption over a 24 hour usage cyele. 

1.5. "First Hour Rating" means the amount 

of hot wilter the water heater can supply in 

one hour of operation. 

1.6. "Heat Trap" means a device which can 

be integrally connected, or independently 

attached .. to the hot and/or cold water pipe 

connections of a wa.ter heater such that the 

device will develop. a thermal or mechanical 

seal to minimi<:e the recirculation of water 

due to thermal. convection between the water 

heater tank and its connecting pipes. 

1.7. "Recovery Efficiency" means the ratio 

to energy delivered to the water to the energy 

content of the fuel supplied to the water 

heater. 

1.8. "Standby" means the time during 

which water is not being withdrawn from the 

water heater .. There are two standby time 

intervals used within this test procedure: 

T 'y, I represents the elapsed time between 

time at which the maximum mean tank 

h"aperature is observed after the sixth draw 

and the end of the 24 hour test; T'tbY. 2 

represents the total time during which the 

water heater was in the standby mode uuring 

the entire 24 hour test. 

1.9 .. "Gas fueled storage water heater" 

means a water heater which utilizes gas as 

the energy source and which is designed to 

heat and store water at a thermostilticaHy 

controlled temperature of less than lBO'F 

with an input of 75.000 Btu per hour or less 

and a manufacturers specified storage 

capacity of not/eBs than 20 gallons nor more 

than 100 gallons. 

1.10. "Electric storage water heater" means 

a water heater which utilizes electricity as 

the energy source and which is designed to 

heat and store water at a thermostatically 

controlled temperature of less than 180"F 

with an input of 12 kilowatts or less and a 

manufacturers specified storage capacity of 

not less than 20 gallons nor more than 120 

gallons. 

1,11. "Oil storage wuter heater" means a 

water heater which utilizes oii as the energy 

source and which is designed tCl heat and 

store water at a thermostatically controlled 

temperature of less than 180'F with an energy 

input of 105.000 Btu per hour or less, and 

which has a manufacturers specified storage 

CApacity of 50 gallons or less. 

1.1.2. "Gas fueled instantaneous ;.vater 

heater" means a water heater which utilizes 

's the energy source controlled manually 

.lton1atically by a water now activated 

control or a combination of water flow and 

thermostatic control. and which has an input 

grea tel' than 50,000 Btu per hoUl' and less than 

200,000 Btu per hour. and II manufacturers 

specified storage capacity of less than 2 

gallons.., . : . 

1.13. "Heat pump.water heater" means a 

walf~r heater w~ich utiliz.es electricity as the 

el1f~rgy'solii'ce with' a maxi'mufn current rating 

of 24 amperes at a voltage no greater than 250 

volts. and whichfs designed to transfer 

thermal energy from one temperature level to 

a higher temperaturE level fur the purpose of 

heating water. including all auxiliary 

equipment such as fans. storage tanks. 

pumps. or controls necessary for the device 

to perform its function. 

1.14 ... ASHRAE Standard 41.1-74" means 

the standard published in 1974 by the 

American Society of Heating, Refrigerating 

and Air-Conditioning Engineers, Inc. and 

titled Standard Measurement Guide: Section 

on Temperature.Measurements. 

1.15. "ASTM-D-215&-80" means the test 

standard published in 1980 by the American 

Society of Testing and Measurements and 

titled Method for Smoke Density in Flue 

Gases from Burning Distillate Fuels, 

2. Test Conditions 

2.1 installation Requirements. Tests shan 

be performed with thewatel' heater and 

instrumentation.installed in accordance with 

section 4. 

2.2 Ambient Air Temperature. The ambient 

air temperature. shall be contrulled to Ii value 

between 65.0 'F and 70,0 OF on a continuous 

basis. For heat pump water heaters maintain 

the dry bulb temperature at 67.5±1 OF, 

Additionally, for heat pump water healers the 

relative humidity shall be maintained 

between 49 and 51 percent. 

2.3. Supply Water Temperature. The 

temperature of the water being supplied to 

the water heater shall be maintained at 

58±2 'F throughout the test. 

2.4 Storage Tank Temperature. The 

average temperature of the water within the 

storage tank shall be set to 135:t5 OF. 

2.5 Supply Water Pressure. During the test 

when water is not being withdrawn. the 

supply pressure shall be maintained between 

40 psig and the maximum aliowable pressure 

specified by the water heater manufacturer, 

2.6. Electrical and/or Fossil Fuel Supply. 

2.6.1. Electrical. Maintain Ihe electrical 

supply voltage to within ±1 percent of the 

center of the voltage range specified by the 

water heater and/or heat pump 

manufacturer. 

2.6.2. NaturaJ Gas. Maintain the supply 

pressure in accordance with the 

manufacturer's specifications. If the supply 

pressure is not specified, maintain a supply 

pressure of 7 to 10 inches of water column. If 

the water heater is equipped with a gas 

appliance pressure regulator. the regulator 

outlet pressure shall be within ±10% of the 

manufacturer's specified manifold pressure. 

Use natural gas with a higher heating value of 

approximately 1,025 Hiu per standard cubic 

fool. 

2.6.3. Propane Gas. Maintain the supply 

pressure in accordance with the 

manufacturer's spe,cifications. If the supply 

pressure is not specified, maintain a supply 

pressure of 11 to 13 inches of water column. If 

the water heater is equipped with a gas 

appliance pressure regulator, the regulator 

outlet pressure shall be within ±10% of the 

manufacturer's specified manifold pressure. 

Use propane gas with a higher heating vfliuf} 

d HpproximHtely 2.500 Btli per.standard cuhic 

foot. 

2,ti.4. File/ Gil Supply. Maintain.an 

uninterrupted sup'ply of fuel oil. Use fuel oil 

with a heating value of approximately 1:m.700 

Bill per gallon. 

3. Instrumentation 

3.1. Pressure AJeasurements. Pressure 

mC[lsuringinstruments shal.! have an error no 

greater than the following values: 

Item measured 

,Gas pressure ...... 

fnstrument 

accuracy 

±0.1 inch of 

Instrument 

precision 

±0.05 inch ot 

water column. water 

column. 

Atmospheric ±0.1 inch of ±O.05 inch 01 

pressure. mercury mercury 

column. column. 

Waler pressure ... ±1.0 pounds ±O.50 pounds 

.per squ8fe per square 

inch. inch. 

3.2. Temperature !>leasureruent. 

3.2.1. !>leasurement. Temperature 

measurements shall be made in accordance 

with the standard Mea~urcment Guide: 

Section un Temperature Measul'ements. 

ASHRAE Standard ,41.1-74. 

3.2.2. Accuracy and Precision. The 

accuracy and precision of the instruments. 

including their associated readout devices. 

shall be within the limits as follows: 

lns/rll- InstruItem measured ment ment 

accuracy precision 

Air dry bulb temperature......... ±O.2"F I ±O.l "F. 

Air weI bulb temperature........ ±O.2 iliF. ±O.l 'f'. 

Inlet and outlet water lem- . peratures............................... ±O.2'F :1::0.1 'F. 

_S_to_ra_9_e_la_n_k_t_e_m_p_e_ra.t.u_r_e_s_"_"L-_±_O_'_5 'F ±0.25 'F. 

3,2.3. Scale Division. In no case shall the 

smallest scale division of the instrument or 

instrument system exceed 2 times the 

specified precision. 

3.2.4. Tempera1ure Difference. Temperature 

difference between the entering and leaving 

water may be measured with any of the 

following: 

a. A thermopile 

b. Calibrated resistance thermometers 

c, Precision thermometers 

d. Calibrated thermistors 

e. Calibrated thermocouples 

f. Quartz thermometers 

3.2.5. Thermopile C0I18tmctioll. If a 

thermopile is used, it shall be made from 

calibrated thermocouple wire taken from a 

single spool. Extension wires to the recording 

device shali also be made from that same 

spool. 

3.2.6. Time Consumt. The time constant of 

the instruments used 10 measure the inlel and 

ontlet water temperatures shall be no greater 

than 5 seconds. 

3.3. Uquid nor\! JI,{easurements. The 

accuracy of the liq'2:d now rClte measurement, 

using the calibration if furnished. shall be 

equal to or less than ±1% of the measured 

value in mass units per unit time. 

3.4. Electric Energy. The electrical energy 

used shall be measured with an instrument 

and associated readout device that are 

accurate within ±% of the reading or 15 Wh, 

whichever is gr,wtCJ'. 
CAS-RM-79-105 COMMENT 01

1902· Federal Register I Vol. 54, No. 10 I Tuesday, Jaunary 17, 19B9/ Proposed Rules 

. 3.5. Fossil Fuels_ The quantity of fuel used 

by. the water.heater shall be measured with 

·an instrument and associated readout device 

that is aCGurate within: ±1% of the reading. 

3.6. Mass Measurements. Mass 

measurements shall be made measured with 

instruments tha,t are accurate within ±0.10% 

of the reading of.O.l Ibm. whichever is 

greater. 

3.7. Heating Value. The .higher heating 

value of the naturall;las, propane, or fuel oil 

shall be measured with an instrument and 

associated readout device that is accurate 

within ±1% of the reading. The heating value 

of natural gas and propane must be corrected 

for local tempera ture and pressure 

conditions. 

3.8. Time. The elapsed time measurements 

shall be measured with an instrument that is 

accurate within ±0.5 seconds per hour. 

4. Installation 

4.1; Water Heating Maunting. A water 

heater designed to be free standing shall be 

installed according to the manufacturer's 

directions on a "!4 inch thick plywood 

platform supported by three 2 x4 inch 

runners. If the water heater is not approved 

for installation on combustible flooririg. 

,suitable· non-combustible·matedal shall be 

placed between it and the platform; For heat 

pump water heaters without a storage tank 

supplied by the manufacturer. connections . shall be made with a storage tank as 

described in section 4.9.3 and in accordance 

with manufacturer-published installation 

instructions. The storage tank and heat pump 

section shall be placed on platform(s) 

constructed as previously described. If 

installation materials are not provided by the 

heat pump manufacturer. use uninsulated 8 

foot long connecting hoses, having an inside 

diameter of % inch. Wall mounted water 

heaters shall be installed in accordance with 

manufacturer-published installation 

instructions on a simulated wall section made 

, Jrom % inch plywood and 2 x 4 inch studs. 

Placement in the test room shalLbe in an area protected from drafts. . 

4.2. Water Supply. 'rhe water supply shall 

be capable of delivering water at conditions 

as specified in section 2. 

4.3. Water Inlet and Outlet Configuration. 

Inlet and outlet piping connections shall be 

configured as illustrated in Figure 1, 2. or 3. 

Copper tubing, the same size as the 

connections on the water heater shall be 

connected to the tank and extend 24 inches in 

length. Unions may be utilized to facilitate 

installation and removal of the piping 

arrangements. A pressure gauge and 

diaphragm expansion tank shall be installed 

in the supply water piping at a location 

upstream of the 24 inch cold water inlet pipe. 

An appropdately rated pressure and 

temperature relief value shall be installed on 

all water heaters at the port specified by the 

manufacturer. Discharge piping for the relief 

valve shall be nonmetallic. If heat traps and/ 

or piping insulation and/or pressure relief 

valve insulation are supplied with the water 

heater, then they shall be installed for testing. 

Clearance shall be provided such that none 

of the piping contacts other surfaces in the 

test room; 

4.4. Fue/.oniJ/or Electrical Power and 

Energy Consumption. Install one or more 

instruments which measure, as appropriate, 

the quantity and rate of electrical en.ergy 

and/ or fossil 'fuel consumption in accordance 

with section 3. . 

4.5. InterJ1(ii Storage Tank Temperature 

fl,Ieasuremenis. Install six temperature 

measurement sensors inside the water heater 

tank with a vertical distance of at least four 

inches between successive sensors. A 

temperature sensor shall be positioned at the 

vertical midpoint of each of the six equal 

volume nodes with the tank. Nodes designate 

the equal volumes used to evenly partition 

the total volume of the tank. .As much as is 

possible. the temperature sensor should be 

positioned away from any heating elements, 

anodic protective devices. tank walls, and 

flue pipe walls. If the tank cannot 

accommodate six temperature sensors and 

meet the installation requirements specified 

above. install the maxiInum number of 

sensors which comply with the installation 

requirements. The temperature sensors shall 

be installed either through the anodic device 

or relief valve opening. If installed through 

the relief valve opening, a tee fitting shall be 

installed such that the relief valve fitting is 

installed as ·close as possible to its original .. 

location. Added fittings shall be covered with . thermal insulation having and R value of 4 

hr.ft2 .oF /Btu. 

'4.6. Ambient Temperature. The ambient air 

temperature shall be measured . 

approximately at the vertical mid-point of the 

heater and approximately 2 feet from the 

surface of the water heater. The sensor shall 

be shielded against radiation. 

4.7. Inlet and Outlet Water Temperature 

Measurements. Install temperature sensors in 

the cold-water inlet pipe and hot-water outlet 

pipe as shown in Figure 1. 2, or 3. as applicable. . 

4.8. Flow Control. A flow control valve 

shall be installed to provide flow as specified 

in within section 5. 

4.9. Flue Requirements. 

4.9.1. Oil-Fired Water Heaters. Establish a 

draft at the flue collar as specified in the 

manufacturer's literature. Establish the draft 

by using a sufficient length of vent pipe 

connected to the water heater flue outlet and 

directed vertically upward. For an oil-fired 

water heater having a horizontally 

discharging draft hood outlet. a 90 degree 

elbow having a diameter equal to the largest 

flue collar size of the draft hood shall be 

connected to the draft hood outlet. A length 

of vent pipe sufficient to establish the draft 

shall be connected to the elbow fitting and 

oriented to discharge vertically upward. 

Direct vent oil-fired water heaters should be 

installed with venting equipment as specified 

in the manufacturer's instructions. using the 

minimum vertical and horizontal lengths of 

vent pipe recommended by the manufacturer. 

4.9.2. Gas-Fired Water Heaters. Establish a 

natural draft in the following manner. For 

gas-fired wi! ter heaters haVing a vertically 

discharging draft hood outlet. a 5 foot vertical 

vent pipe extension having a diameter equal 

to the largest flue collar size of the draft hood 

shall be connected to the draft hood outlet. 

For gas;fired water heaters having a 

horizontally discharging draft hood outlet. a 

90 degree elbow having a diameter equal to 

the largest flue collar size of the draft hood 

shall be connected to the draft hood outlet. A 

5 footlength of vent pipe shall be connected 

to the elbow and oriented to discharge 

vertically.upward. 

Direct vent gas,fired wafer heaters shall be 

installed with venting equipment specified in 

the manufacturefs instructions using the 

minimum vertical and horizontallerigths of 

vent pipe recommended by the manufacturer. 

_ 4.9.3. Heat Pump Water Heater Starage 

Tank. The tank to be used for testing a heat 

pump water healer without a tank supplied 

by the manufacturer shall be an electric 

storage type water heater having a volume of 

47.0 gallons ± 1 gallon with an Energy Factor 

of 0.S7±.01 as determined in accordance with 

section 6.1.7 with two 4.5 kW heating 

elements controlled in such a manner as to 

prevent both elements from operating 

simul taneously. 

5. Test Procedures 

5.1. Storage Tank and Heat PumpWatel' 

Heaters. 

5.1.1. Determinatian of Storage Tank 

Volume.·Determine the storage capacity. V.t • 

of the water heater under test. in gallons, by 

subtracting the tare weight-measured while 

the tank is empty-from the gross weight of a 

full tank of water at 58 OF withall air 

eliminated and line pressure applied as 

described in section 2.5 and dividing the 

resulting net weight by the density of water 

at 58 OF. 8.214 Ibm/gal. 

5.1.2. Setting the Thermostat for a 

Thermostatically Operated Water Heater. 

Starting with a tank of supply water. initiate 

normal operation of the water heater. After 

cutout. observe the mean tank temperature 

(based on the six temperature sensors) every 

minute until the maximum value is observed. 

Determine whether this maximum value of 

the mean tank temperature is within the 

range of 135 'F±5 OF. If not. turn off the water 

heater. adjust the thermostat. and refill the 

tank with supply water. Then. initiate normal 

operation of the water heater. and once again 

determine the maximum mean tank 

temperature after cut-off. Repeat this 

sequence until the maximum mean tank 

temperature after cut-out is within the range 

of 135 °F±5 OF. If a water heater has two 

thermostats. the thermostat which controls 

the upper heating element shalll be set first to 

yield a maximum water temperature of 135 

°F±5 OF as measured by the temperature tank 

sensors above the upper heating element. The 

thermostat which controls the lower heating 

element shall then be set to yield a maximum 

mean tank temperature of 135 °F± 5°F. For 

heat pump water heaters. which control an 

auxiliary resistance element. the thermostat 

shall be set in accordance with the 

manufacturer's installation instructions. 

5.1.3. Power Input Determh,ation. For all 

v;aler heaters except electric types haVing 

immersed heating elements and initiate 

normal operation and determine the power 

input. P. to the main burners (including pilot 

light power, if any) after 15 minutes of 

operation. If the water heater is equipped 

with a gas appliance. pressure regula lor. ,the 

rpgulator outletprel!sure shall.be set within 

±H)% of that recommended by the . 

manufacturer. For oil fired water heaters the 
CAS-RM-79-105 COMMENT 01

Federal Register / Vol. 54, No. 10 I Tuesday, Jaunal'Y 17, 1989 / Proposed Rules 1903 

fuel pump pressure shall be within ±10% of 

the manufacturer's specified pump pressure. 

All burners shall be adjusted to achieve an 

hourly Btu rating that is within ±2% of the 

value specified by the manufacturer. For an 

oil-fired water heater, adjusted the burner to 

give a CO2 reading recommended by the 

manufacturer and an hourly Btu rating that is 

within ±2% of that specified by the 

manufacturer. Smoke in the flue may not 

exceed No.1 smoke as measured by the 

procedure in ASTM-D-2156-80. Gas- and oilfired water instantaneous water heaters shall 

have the burners adjusted to the 

manufacturer's maximum firing rate value. 

5.1.4. First Hour Rating Test. Establish 

normal water heater operation with the 

maximum mean tank temperature within the 

range specified in section 2.1.4. Withdraw 

water until the electrical heater{s) and heat 

pump, if present, or burner(s) are activated. 

Cease drawing water and wait until the 

thermostat has acted to reduce the electrical 

power or fuel input to the water heater. If the 

water heater incorporates a heat pump, wait 

until both the heat pump and electrical 

heating element(s) have ceased to supply 

energy to the storage tank. Continue to wait 

until the niaximum storage tank temperature 

has been achieved. Record the time, oil, gas 

and/or electrical meter readings as 

appropriate. Do not interrupt electrical power 

and/or fuel to the wilier heater. The rate of 

water withdrawal shall be3.00±0.25 gallons 

per minute. Draw and collect water 

withdrawn from the water heater in a 

suitable container for the purpose of 

determining its weight at the conclusion of 

the test. During the draw record the outlet 

fluid temperature begiiming 15 seconds after 

the start and at every subsequent 5 second 

interval throughout the duration of each 

draw. Alternatively, a water meter may be 

used to directly measure the volume of water 

withdrawn. Record the maximum outlet 

temperature which occurs during the draw as 

T;""". The withdrawal of water shall continue 

until the outlet temperature drops to a value 

25 OF below Tm .. " defined as Tm1no at which 

time the draw shall be terminated. Record the 

average outlet temperature and mass 

removed a8 tdol.rand M .. respectively. If the 

thermostat acts to reduce the supply of fuel to 

the main burner or electrical input to the 

upper heating element of a multiple element 

electric water heater, or electrical input to a 

water heater having a single element or 

multiple elements which operate 

simultaneously, before one hour has elapsed, 

initiate a second draw. During the draw 

record the outlet fluid temperatures beginning 

15 seconds after initiating the draw and Ht 

every subsequent 5 second interval 

throughout the duration of each draw until 

the outlet temperature drops to Tmln, at which 

time the draw is terminated. Record the 

average outlet temperatures as well as the 

mass removed. Continue this sequence of 

events until one hour has elapsed, at which 

time power and/or fuel supplied to the water 

heater is terminated. If a draw is currently 

taking place, continue the draw until the 

outlet temperature reaches Tmin• If a draw is 

not taking-place at the end of Olle hour, a 

final draw is conducted until the outlet 

temperature drops to a value of T min' In either 

case, record the outlet temperatures and the 

mass removed during the final draw. 

5.1.5; 24 Hour Simulated Use Test. During 

the simulated use test, a total of 64.3 gallons 

are removed. With the water heater turned 

off, fill the water heater with supply water 

and apply pressure as described in section 

2.1:5. Turn on the water heater and 

associated heat pump unit, if present. Wait 

until cutout occurs at 135 °F± 5°P, as 

specified in section 2.1.4. After the cutout 

occurs, measure the mean tank temperature 

using the temperature sensors described in 

section 4.5 every minute until the maximum 

mean storage tank temperature is achieved. 

The water healer may be operated through up 

to three successive cycles of drawing 10 

gallons per draw, permitting recovery 

between each draw, prior to the start of the 

lest. Record at this time (designated as 1'=0), 

the mean tank temperature r1'o), and the oil, 

gas, and electrical energy measurements as 

appropriaie. Begin the 24 hour simulated use 

test by drawing an amount of water out of the 

water heater equivalent to one-sixth of the 

daily hot water usage, 64.3 gallons. Record 

the average storage tank and ambient 

temperature every 15 minutes throughout the 

24 hour simulated use test unless recovery or 

a draw is occurring. At elapsed time intervals 

of one,.two, three, four and five hours from 

1'=0, initiate additional draws removing an 

amount of water equivalent to one-sixth of 

64.3 gallons, with the maximum allowable 

deviation for any single draw being ±O.5 

gallons. The quantity of water drawn during 

the sixth draw shall be increased or 

decreased as necessary such that the total 

volume of water withdrawn shall be equal to 

64.3±1. gallons. 

All draws during the simulated 3.0±0.25 

gallons per minute. Measurements of the inlet 

and outlet temperatures shall be made 

beginning 15 seconds after the draw is 

initiated and at every subsequent 5 second 

interval throughout the duration of each 

draw. The arithmetic mean of the hot water 

discharge temperature and the cold water 

inlet temperature shall be determined for 

each draw. Record the scale or meter reading, 

as appropriate, after each draw. At the end of 

the recovery period following the firs! draw. 

recoI'U the maximum mean tank temperature 

observed after cut-out, Tm .. ,1, and the energy 

consumed, Qr for oil, gas, and heat pump 

water heaters including auxiliary energy such 

as pilot lights, pumps, fans, etc. For heat 

pump water heaters Q .. is the SUIll of the 

energy consumed by the heat pump and the 

electrical heating element(s}. 

At the end of the recovery period following 

the sixth draw, record the total electric andl 

or fuel energy consumption, Q.u, and the 

scale reading or the meter reading, 88 

appropriate. If a water scale is used. 

determine the net weight of the water 

withdrawn, Ml'H1I ill pounds. Record the 

maximum value of the mean tank 

temperature after cutout as T.". Except as 

noted below, allow the water heater to 

remain in the standby mode until 24 hours 

have elapsed from the start of the test, r=O. 

Prevent the water heater from beginning a 

recovery cycle during the last hour of the test 

by turning off the electric power to the 

electrical heating elements and heat pump, if 

present, or by turning down the fuel supply to 

the main burner. at an elapsed time of 23 

hours. If a recovery is taking place at an 

elapsed time ·of 23 hours. wait until the 

recovery is complete before reducing the 

electrical and/or fuel supply to the water 

heater. At M hours, record the mean 

temperature, 1'24, and the electric and/or fuel 

instrument readings. Determine the total 

energy consumption during the entire 24 hour 

simulated use test, Q. Record the time 

interval between the time at which the 

maximum mean tank temperature is observed 

after the sixth draw and the end of the 24 

hour test as T.tby.l. Record the time during 

which water was not being withdrawn from 

the water heater during the entire 24 hour 

period as T.tby,2. 

5.2. Instantaneous Water Heaters 

5.2.1. Setting the Outlet Discharge 

Temperature. Initiate normal operation of the 

water heater at the full input rating. Monitor 

the discharge water temperature and set to a value of 135 OF ±5 OF in accordance with the 

manufacturer's instructions. If the water 

heater is not capable of providing 3.00 ± 0.25 

gallons per minute then adjust the flow rate 

as necessary to achieve the specified 

discharge water temperature. Record the 

corresponding flow rate as VmOll• 

If the illBtantaneOU8 water heater 

incorporates a controller which permits 

continuous burner operation at a reduced 

input rate, adjust the flow rate as necessary 

to achieve a discharge water temperature of 

135 °F±5 OF while maintaining the minimum 

input rate. Record the corresponding flow 

rate, V Olin' If an outlet temperature of 135 

°F±5 OF cannot be achieved at the minimum 

allowable flow raie permitted by the 

instantaneous water heater, record the flow 

rate as V min and·the outlet temperature as 

Tnlin• 

5.2.2. Power lllput Detenninatioll. For oil 

and gas flow actuated water heaters, adjust 

the burners to the maximum firing rate value 

specified by the manufacturer. 

5.2.3. First Houl' Rating Test for 

Instantaneous Water Heaters. Establish 

normal heater operation at the maximum 

Input rate with the discharge water 

temperature set in accordance with section 

5.2.1. Record the time, oil, and/or gas metel's 

as appropriate. Do 110t interrupt electrical 01' 

fuel to the wahlI' heater, Draw and collect 

water withdrawn from the water heater, 

while recording the inlet and outlet fluid 

temperatures beginning 15 seconds after the 

draw is initiated and at every subsequent 5 

second interval throughout the dmation of 

the draw in a suitHble container for thp. 

purpose of determining its weight at the 

conclusion of the test. Alternativelv, a wa (el' 

meter may be used to directly mea;Ul'e the 

value of water withdrawn. At the end of one 

hour terminate the draw. Detcrmine the mass 

.of water withdrawn, MFHR, in pounds, or the 

volume of water withdrawn. VFIIR, in gallons 

with an error no greater than 2 percent. 

5.2.4. 24 Hour Simulated Use Test 

5.2.4.1. Fixed Input Instantaneous Water 

Heaters. Establioh normal operation with the 

discharge water temperuture amI flow rate 

set to values of 135 OF ± 5 OF and Vn> ... 

respectively. Record the oil, gas, and 
CAS-RM-79-105 COMMENT 01

1904 Federal Register / VoL 54, No. 10 / Tuesday, Jaunary 17, 1989/ Proposed Rules 

electrical energy measurements. as 

appropriate. Begin the 24 hour simulated use 

test by drawing an amount of water out of the 

water heater equivalent to one-sixth of the 

daily hoI water usage. 64.3 gallons. AI 

elapsed time intervals of one. two. three. four. 

and five hours from T=O. initiate additional 

draws removing an amount of water 

equivalent to one-sixth of 64.3 gallons. with 

the maximum allowable deviation for any 

single draw being ± 0.5 gallons.,The quantity 

of wa tel' drawn during the sixth draw shall 

be increased or decreased as necessary such 

,that the total volume of water withdrawn 

shall be equal to 64.3 ± 1.0 gallons. 

Measurements of the inlet and outlet water 

temperatures shall be made beginning 15 

seconds after the draw is initiated and at 

e\'ery'5 second interval throughout the 

duration of the draw. The arithmetic mean of 

the hot water discharge temperature and thp 

cold water inlet temperature shall be 

determined fl'lr each draw. Record the scale 

or meter reading. as appropriate. aftpr each 

draw. At the end of the recovery period 

follOWing the first draw. record the energy 

consumed. Qr. Allow the water heater to 

remain in the standby mode until exactly 24 

hours have elapsed from the start of the test. 

T=O. At 24 hours. record the p\ectric and/or 

fuel instrument readings. Determine the 

energy consumption during the entirp 24 

hours simulated use test. Q. 

[64.3) 77 OF 

5.2.4.2. Variable fnplli Install/uneUlIs lll/ater 

Heaft?l's. If the instantaneous water healer 

incorpomtes a controller which permits 

continuous burner operation at a reduced 

input rate. the first three draws shall be 

conducted using the maximum flow rate. 

V max' while removing an amount of water 

equivalent to one-sixth of 64.3 gallons. with 

the maximum allowable deviation for any 

one of the three draws being ±0.5 gallons. 

The second three draws shall be conducted 

at V mi ... If an outlet temperature of 135 OF ± 5 

°F could not be achieved at the minimullI 

flow rate permitted by the instantaneous 

water heater. the last three draws should be 

lengthened such that the volume removed is 

equivalent to 

V •. 5 •S .-.-----~".-- [ ---'--~.- 1 

with the maximum allowable dcfinition for 

anyone of the three draw;sbeing ±0.5 

gallons. The quantity of water drawn during 

the siXth draw shall be Increased or 

decreased as necessary such that the total 

volume of water withdrawn shall be equal to 

32.15+3*V •. 5 .s±1.0 gallons. Measurements of 

the inlet and outlet weter temperatures shall 

be made beginning 15 seconds after the draw 

is initiated and at every 5 secorid interval 

throughout the duration of the draw. 

Determine the arithmetic mean of the hot 

waleI' discharge temperature and the cold 

water inlet temperature for each draw. 

Record the scale or meter reading. as 

appropriate. after each draw. At the end of 

the recovery period following the first draw. 

record the energy consumption. Qr.max. 

Record the energy consumed prior to the 

fourth draw and at the'end of the recovery 

period following the fourth draw. Qr.min' 

Allow the water heater to remain in the 

standby mode Until exactly 24 hours have , 

elapsed from the 'start of the test. T=O. At 24 

hours, record the electric and/ or fuel 

instrument readings. Determirle the energy 

consumption during the entire 24 hour 

simulated use test. Q. ' 

6. Computations 

6.'1 Storage Tank Water Heaters. 

whm'e M t is the mass withdrawn during the 

first draw. Ibm 

Cpl is the specific heat of water attha 

average temperature (TdeJ.l Tin.tl/2. Btul 

Ibm OF 

'I'del.1 is the average delivery temperature for 

the first draw. OF 

T'n.1 is the average inlet temperature forthe 

first draw. OF . 

VB! is the storage tank capacity, gal 

6 Tmln 58 'F 

6.1.1. StOr(!3e Tank C£lpacily. The Rlorage 

tank capadty is computed using the 

follOWing: 

VOl = (Wr - Wt}/p 

where Votis the storage capacity of the water 

heater. gallons . 

Wr is the weight of the storage tank 

completely filled with water. Ibm 

W, is the tare weight of the empty storage 

tank. Ibm 

P is the density of water at the appropriate 

temperature. Ibm/gal. 

6.1.2. First HOll!' Rating' Complltati(}J/. 

Compute the first hour rating as 

n MJf.el.j-{Tm .. -77 °F)) 

Fh , }; 

i=l p(Tmox--(Tm .. x--77 °F]) 

Which may he expressed as 

n MilT .e,.j --(Tma• - 77 'F)) 

Fh, l: 

i=l p[77 'F)) 

M. Cpl CTdel.t-'I';Il.d+V.tpCp' (Trnax.t-To) 7/, =-~-

Qr 

p is the density of water at the average 

temperature (Tma •.• +'1'0)/2. Ibm/gal 

C,.z is the sppcific heat of water at the 

average temperature (Tmax•1 + Tol/2. Btu/ 

Ibm °F 

'1'0. ... 1 is the maximum mean tank 

temperature recorded after cutout 

following me first draw. OF 

to is the maximum mean tank temperature 

recorded prior to the first draw. 'I" 

where Mi represents the mass removed 

during the ithdl'aw of the first hour 

rating test. Ibm 

Tdd.1 is the average delivery telnperature for 

the ith drawwhidhoccurredduring the 

first hour rating test. OF 

T'nna is the maximum outlet temperature 

recorded during the first draw of the first 

hour rating test. 'I" 

p represents the density of water at the 

average delivery temperature. Ibm/gal 

and n represents the number of draws which 

occur during the one hour period 

if a water metef'is used in lieu of H scale. the 

fir5t hour rating is 

77 OF 

where Vi represents the volume removed 

during the ith draw of the first hour rating 

test. gal 

6.1.3. Recovery Efficiency. The recovery 

efficiency for gas. oil. and heat pump storage 

lype ,water heaters is computed as 

und Q,is the total energy used oy the waler 

heater .between cutout prior to the firs! draw 

and cutout following the first draw, including 

auxiliary energy such as pilot lights. pumps, 

fans. etc .. Btu. (Electrical auxiliary energy 

shall be converted to thermal energy using 

the following conversion -lkWh=3412;7(l 

Btu.) 

The recovery efficiency for electric water 

heaters with immersed heating elE'mentsis 

HHsumed to be 911 percent. 
CAS-RM-79-105 COMMENT 01

Federal Register I Vol. 54, No. 10 I Tuesday, Jaunary 17, 1989 I Proposed Rules 1905 

6.1.4. Hourly Standby Losses. The hourly 

Atandby losses are computed as 

where Qhr is the hourly standby energy losses 

. of the water heater. But/hiQstby is the total energy consumed by the 

water heater between the time at which 

the maximum mean tank temperature is 

observed after the sixth draw and the 

end of the 24 hour test period. Btu 

M is the mass of the water within the storage 

tank. Ibm . 

Cp IB the specific heat of water at the avef!lge 

temperature ('1'24 + T.ul/2. Btu/Ibm of 

1'24 is the mean tank temperature at the end 

of the 24 hour test period. of 

T.u is the maximum mean tank temperature 

observed after the sixth draw. OF 

and 7.tby.l is the elapsed time between the 

time at which the maximum mean tank 

temperature is observed after the sixth 

draw and the end of the 24 hour test 

period. hours 

The standby heat 10s8 coefficient for the 

tank is computed as 

VA= 

where T;:.tbY is the average storage tank 

temperature between the time at which 

the maximum mean tank temperature is 

observed after the sixth draw and the 

end of the 24 hour test period. Btu 

T •. 8tb• is the average ambient temperature 

between the time at which the maximum 

mean tank temperature is observed after 

the sixth draw and the end of the 24 hour 

test period. Btu 

and UA is the standby heat lOBS coefficient of . the storage tank. BTU /hr of 

6.1.5. Daily Water Heating Energy 

Consumption. The daily water heating energy 

consumption. Qd is computed as 

'IIr 

where Q is the total energy used by the water 

heater during the 24 hours simulated use 

test including auxiliary energy Iluch as pilot lights. pumps. fans. etc .• Blu 

c" is the ,specific heat of water. Blu/Ibm 'F 

M is the mass of water within the storage 

tank, Ibm 

T •• is the average tank temperature at the 

conclusion of the 24 hours simulated use 

test. OF 

to is the average tank temperature at the 

beginning of the 24 hours simulated use 

test, recorded one minute before the first 

draw is.initiated OF· 

and 'IIr is therecovery efficiency of the hot 

water heater, dimensionless. 

6.1.6. Adjusted Daily Water HeatiJlg 

Energy Consumption. The adjusted daily 

water heating energy consumption. Qd3 takes 

into account that the temperature difference 

between the storage tank and surrounding 

ambient temperature may not be the nominal 

value of 67.5 of (135°F - 67.5 OF) due to the 10 

of allowable variation in storage tank 

temperature. 135 ± 5 of. and the 5 of 

allowable variation in surrounding ambient 

temperature 65 of to 70 'F. The adjusted daily 

water heating energy consumption is 

computed as 

Q.i. = Qd - [(T.tb• - 'f •. Blby) ~ (135 'P - 67.5 

°Fj]VA7.tby.2 

where Qda is the adjusted daily water heating 

consumption. Btu 

T.tb• is the mean tank temperature during the 

total standby portion of the 24 hour test. OF 

T •.• tb• is the average ambient temperature 

during the total standby portion of the 24 

hour test. OF 

VA is the standby heat los8 coefficient for the 

storage tank. Btu/hroF 

and 7.tby.2 is the number of hours during 

which the water heater was in the 

standby mode. during the entire 24liour 

test. hours 

A modification is also needed to take into 

account that the temperature difference 

between the outlet water temperature and 

supply water temperature may not be 

equivalent to the nominal value of 77 ·F (135 

OF _ 58 OF). The following equations adjust 

the experimental data to a nominal 77 OF 

temperature rise. 

The energy used to heat water, Btu per day, 

may be computed as 

6 MIC.I(T <1<1.1-Tlil•l) 

QIIW = I 

1=1 '11K. 

The energy required to heat the same 

quantity of water over a 77 OF temperature 

rise. Btu per day. is 

6 MjCPI(135 OF ~ 58 OF) 

Qmv.71 = I 

1=1 

The difference between these two values is 

QUWD = QHW.77 - QHW which must be added 

to the adjusteO.daily water heating energy 

consumption value. Thus. the daily energy 

consumption value which takes into account 

that the temperature difference between the 

storage tank and ambient temperature may 

not be 67.5 'f' and the temperature rise across 

the storage tank may not be 77 OF is Qdm = 

Qda + QIIWD 

6.1.7. Energy FactoI'. The energy factor, B,. 

is computed as 

6 

.I 

i=l 

MICpl (135 .1'- 58 OF) . 

where Qdm is the modified daily water 

heating energy consumption as computed in 

accordance with Section 6.1.6. Btu where Mi 

is the mass withdrawn for ith draw (i = 1 to 

6). lbm Cpl is the specific heat of water. Btul 

ibm "F. 

6.1.0. AI/nual Energy Consumption 

v 

The annual energy consumption for storage 

type and heat pump water heaters is 

computed as Eann •• 1 = Qdm * 365 where Qdm is 

the modified daily energy consumption valli'~, 

Btu per day and .365 is the number of days 

within a year, days. 

6.2. Instantaneous Hot Water Heaters. 

6.2.1. First Hour Rating Computation. 

Compute the first hour ruling as 

M(Tder!Tm .. -77 OF)) 

p(Tm",,-{T m •• - 77 OF)) 

which may be expressed as 

n M(Tde,-(Tmu-77 OF)) 

Ph. = .I 

i=l p(77 OF} 

where M represents the mass removed during 

the one hour continuou8 draw,. Ibm 

Tael is the average delivery temperature, OF; 

Tm .. is the maximum outlet temperature 

recorded during the draw. OF and p represents 

the density of water at the average delivery 

temperature. 1bm/gal. 

If a water meter is used in lieu of a SCll.le 

the first hour rutinS is computed as 

V(,fdel - Tm8ll - 77 OF)) 

77 'F 

where V represents the volume of water 

removed during one hour continuous draw, 

gal 

6.2.2. Recovery Efficiency 

6.2.2.1. Fixed lnput Instantaneous Water 

Healers. The recovery efficiency is computed 

as 

'1/, = 

where MI is the mass withdrawn during ill!) 

first draw. 1bm 

c"t is the specific heat of water at the 

average temperature (1'001.1 + Tin.,J/Z, 

Btu/Ibm OF 

'rd•I•1 is the average delivery temperatm!! for 

the first draw. OF 

Tin,l is the average inlet temperature for the 

first draw, OF and Qr is the total energy 

used by the waleI' heater between cutout 

prior to the first draw and cutout 

following the first draw. including 

auxiliary energy such as pilot lights. 

pumps. fans. etc., Btu. 

6.2.2.2. Variable Input Instantaneous Water 

Heaters. For Instantaneous water heaters 

which have a variable firing rate two 
CAS-RM-79-105 COMMENT 01

1906 Federal Register I Yol. 54, No. 10 I Tuesday. JauI1nry 17, 1989 / Proposed Rules ~~~~~~~~~~~~~~~~~~~~~~~---

recovery efficiency are computed. one al the 

maximum input rate and one Ht the minimum 

input rate. The recovery efficiency used in 

subsequent computations is taken as the 

average of these two value~, The llla>;imllfll 

recovery efficiency is computed 00 

where .11.1, is the mass withdra wn during lhe 

first draw. Ibm. 

C., is the specific hea t of wa tel' at the 

average temperature (T.e',1 + 1"0.,)/2. 

Btu/Ibm 'F " 

1'''.1.1 is the average delivery wmperaiUw 1'01' 

the first draw. 'F 

tin,' is the average iniellernpel'ature for the 

hrot draw. or: and Qr.m •• is the total 

pnergy used by the water hei"er betwt:en 

The energy required 10 Ileal the saillP 

quantity of water over a 77 'f' !!"mperalw~: 

I'i~e .is 

i=1 

The uiflel'ellce L>(~l'wcen these two valUE'S is 

QIlWIl Qmv.71 - QhW which must be added 

to the daily water heating energy 

consumption value. Thus. the daily energy 

cQnsumption value which lakes into accouni 

that the temperature rise across the storage 

lank may not be 77 'F is Qdm = Qd + Qmvl>' 

6.2.4. Energy Poctur. The energy fH(:toL E" 

is computed as 

6 MjCpj{135 "I" - 58 OF) 

Ei I 

i=1 

where Q~<I' is the daily water heating energy 

consumption as computed ill Hccordallcc with 

section 6.2.3. Btu, 

M; is the mass associated with theHh draw. 

Ibm, 

cutout prior to the firsl draw and cutout 

following the first draw, including 

auxiliary energy such as pilot light:;, Bt" 

The minimum recovery d'ficicncy is 

computed as 

where M 4 is tn,: mile'S wHhdl'HWTI durin!, tlU' 

fourth draw, Ibm. 

c.,.. is the specific heat of water. Btu/lbmoF 

i'd.l.. is Ihe average delivery temperature for 

the fourth draw. OF. 

'f,"., is Ihe average inlet temperature for the 

first dr<iw, 'F. and Q,.m.n is the total 

energy consumed immediately prior to 

the [oul'ih draw and cutout following th .. 

lourth draw. including auxiliary energy 

such as pilot lights. Btu. 

rhe reC(lvery efficiency ,is computed a8 

c.' \8 the specific heal of' waleI' computed at <l 

temperatllre of (58 'I" + 135 °FJ/Z. Btul 

Ibm "I" 

1'"., .• is the averoge delivery temperatw'e for 

the Hh draw. 'F and t'n., is the average 

inlet temperature for the ith draw. OF. 

6.2,5. Amlllol Energy COIl.9umptiulJ. The 

,iI1Dual energy cOllsumption for ins\antaneOUb 

type w81er heaters is computed as 

Emlouill = -Qum .... 8()5 

where Qdm is the modified doily ene!'gy 

consumption. Btu per day 

(lnd 365 is th" number of <1ays within a v!:ar. 

days " 

7. Ratings for llntested Mooel8 

In order to relieve the tesl b\ll'den to 

1ll8liUfac!urers ,\'110 offer wuter heaters which 

differ only in fuel type or power input, ratings 

lor uniested mude\s may lJP established in 

HccOl,dance with the following procedures. In 

Ikn of the following procedures a 

manufHcturer may elect to lest the Ullil 1'01' 

which a mting is sought 

7.1 Gas l'Vuler Healers. Ralings outained 

lor gas water heaters llsing natural gas can 

be used for an identical water heater which 

utilizes propane gas if the inpnt ratings ilre 

within 10 percent 

0.2.3. DiIl}Y v!'aWr Heating Enet:i!,t' 

CUIISUIlJptiu!l. The daily water heating energy 

consumption. Qd\is computed as Qd = Q 

where Q is the energy used by the flow 

clctuated water healer during the 24 hOllr 

simulated use les1. 

A modification is ~Ilso nefded to take into 

dccotilli that the temperature difh,rence 

bet\l\'een the outlet \vater ten1pf3\"i::ture and 

bupply water temperature may lIGl be 

equivalent 10 the nominal vaiue of 77 <F [1:35 

'F-58 "Fl, The following equalivns ;;djust HUe 

experimental da!" to a nominal 77 'F 

temperature rise. 

'The energy used 10 heat WBtpr PHIY bp 

c(1mpulerllJ~ 

7.2 fo'Jt,('lriG IVuler l1euters 

7.2.1 Pust HOll!' Rating. If an eledric 

~torage type water Iwater is available with 

more than one input rating, the manufar;/urel' 

shall designate the standard input rating amI 

the water heater need only be tested with 

heating elements at the designstpo standard 

input rutings. The firs! hour rutings for units 

hoving power input rating less than the 

designated standard input rating shalllw 

Hssigned a first hour rating equivalent to HIR 

firsl draw of the first hour rating for the 

electric water hCHter with the standurd input 

raling. For units ha,,:ing power inputs greater 

than the designa led standard input rating, the 

l'irs! hOllr rating shall be equivalent to thaI 

measllrE'd for the waler Iwater I'\'Hh ill(: 

standard input rating, 

7.2,2. f:neI;rJ,V FaGior. The energy factor for 

identical electriG storage type waleI' hf!Hters, 

with the exception uf heating element 

waliage. may use the energy fm;lo!' obtainf,d 

during t%ting of the water heater with !h!, 

designatf'd standard input wling, 

BILLING CODE 6450-01-'" 
CAS-RM-79-105 COMMENT 01

Federal Register I Vol. 54, No, 10 I Tuesday, January 17, 1989 I Proposed Rules 

TO SCALE OR 

• 

WATER METER Flow 

Regulator 

TOUT 

~~ 

TO SCALE _______ OR C~~==~T==~ 24· 

/VATER METER 

TO SCALE. OR 

Flow 

Regulator 

G c:~~~~~ WATER METER 

v .... lIHG CODE 6450-01-C 

Flow 

Regulator 

TOUT 

, r 

24' 

I 

TOUT T'N 

24· 

Figure 1 

Figure 2 

Figure 3 

24· 

expansion 

Tank 

Expansion 

Tank 

Expansion 

Tank 

1907 
CAS-RM-79-105 COMMENT 01

1908 Federal Regist~r I Vol. 54, No. 10 I Tuesday, Jaunary 17, 1989 I Proposed Rules 

III. Environmental Impact, Regulatory 

Impact, Regulatory Flexibility, 

Fe~eralism and Takings Assessment 

. Reviews 

a. Environmental Review 

Pursuant to Section 7(c)(2) of the 

Federal Energy Administration Act of 

1974, a copy of this notice has been 

submitted to the Administrator of the 

Environmental Protection Agency for his 

comments concerning the impact of this 

proposal on the quality of the 

environment. 

The Department is proposing to 

amend energy conservation standards 

for water heaters in accordance with 

amendments to test procedures for 

water heaters. 

The Department believes the 

proposed revision would not be 

environmentally significant since it wUI 

not result in any environmental impacts. 

For applications seeking a temporary 

small business exemption as well as for 

all petitions seeking exemption from 

Federal standards or supersession of 

State standards, DOE will conduct an 

appropriate National Environmental 

Policy Act (NEPAl review on a case-bycase basis. 

The Department believes that the 

proposed action would not be a major 

Federal action significantly affecting the 

quality of the human environment 

within the meaning of the National 

Environmental Policy Act of 1969, and 

that neither an Environmental Impact 

Statement nor an Environmental 

Assessment is required for the propose 

rule. 

b. Regulatory Impact Review 

DOE has concluded that the rule is not 

a "major rule" for purpose of Executive 

Order 12291 because it will not result in 

(1) an annual effect on the economy of 

$100 million or more; (2) a major 

increase in costs or prices for 

consumers, individual industries, 

Federal. State or local government 

agencies, or geographic government 

agencies. or geographic regions; or (3) 

significant adverse effects on 

competition. employment. investment. 

productivity. innovation, or on the 

ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic or export 

markets. This conclusion is based on 

two factors. First. this proposed 

standard is only transposing the existing 

NAECA standard levels due to test 

procedure modifcations. Second. the 

costs of complying with the testing 

requirements on which the proposed 

rule is based are not significant. For 

example. there would be no additional 

testing costs dealing with water heaters. 

lnstead, testing cost may decrease since 

the new test procedures reduce the test 

time from a 48-hour test to a 24-hour 

test. 

c. Regulatory Flexibility Review 

The Regulatory Flexibility Act. Pub. L. 

96-354 (5 U.S.C. 601-612). requires that 

an agency prepare an initial regulatory 

flexibility analysis to be published at 

the time the proposed rule is published. 

This requirement (which appears in 

section 603) does not apply if the agency 

"certifies that the rule will not, if 

promulgated. have a significant 

economic impact on a substantial 

number of small entities." The proposed 

rule affects manufacturers of water 

heaters. Since the proposed rule does 

not affect the stringency of the water 

heater standards prescribed by NAECA, 

DOE believes that this rule would not 

have an affect on water heater 

manufacturers. including small 

manufacturers. Therefore. DOE certifies 

that the proposed rules. if promulgated, 

would not have a "significant economic 

impact on a substantial number of small 

entities." 

d. Federalism Review 

Executive Order 12612 (52 FR 41685, 

October 30, 1987) requires that 

regulations or rules be reviewed for any 

substantial direct effects on States. on 

the relationship between the National· 

Government and States. or on the 

distribution of power and 

responsibilities among various levels of 

government. If there are sufficient 

substantial direct effects. then Executive 

Order 12612 requires preparation of a 

federalism assessment to be used in all 

decisions involved in promulgating and 

implementing a regulation or a rule. 

DOE has identified a substantial 

direct effect that today's regulation. 

when finalized, would have on State 

governments. It would initially preempt 

inconsistent State regulations. However, 

DOE has concluded that the initially 

preemptive effect is not sufficient to 

warrant preparation of a federalism 

assessment for two reasons. First, DOE 

does not have discretion under the Act 

to avoid promulgating a preemptive 

regulation because of a policy 

preference for State regulation as a 

general matter. Second. the Act provides 

for subsequent State petitions for 

exemption. which necessarily means 

that the determination as to whether a 

State law prevails must be made on a 

case-by-case basis using criteria set 

forth in the Act. When DOE receives 

such a petition. it will be appropriate to 

consider preparing a federalism 

assessment consistent with the criteria 

in the Act. 

e. "Takings" Assessment Review 

Executive Order 12630 (53 FR 8859, 

March 18, 1988) directs that, in 

proposing a regulation. an agency 

conduct a "takings" review. Such a 

review is intended to assist agencies in 

avoiding unnecessary takings that are 

necessitated by statutory mandate. 

For purposes of the Order: 

"Policies that have takings implications" 

refers to Federal regulations. proposed 

Federal regulations. proposed Federal 

legislation. comments on proposed Federal 

legislation. or other Federal policy statements 

that. if implemented or enacted. could effect a 

taking. such as rules and regulations that 

propose or implement licensing. permitting. or 

other condition requirements or limitations 

on private property use. or that require 

dedications or exactions from owners of 

private property. 

It appears that there are three parts of 

the appliance standards program that 

could conceivably be viewed as having 

"takings implications." These are testing 

(certification) requirements, the impacts 

of standard levels, and possible DOE 

testing of products for validation. 

This proposed rulemaking is 

concerned with the second part. namely 

the impacts of standard levels. 

The impact of standards could be 

viewed by some as a "taking." 

Nevertheless. the Department befieves 

that the fact that an energy conservation 

standard may limit some manufacturers 

in the range of appl~ance efficiencies 

that they can produce does not have 

"significant taking implications" in the 

sense described in the Order. This 

notice does not change the impact of the 

NAECA standard. This proposal 

transforms an existing standard level as 

set by Congress in NAECA for water 

heaters to an equivalent level that 

would result only due to new testing 

methods being used to determine water 

heaters' energy factor. 

IV. Public Comment Procedure 

a. Participation in Rulemaking. 

DOE encourages the maximum level 

of public participation possibie in this 

rulemaking. Individual consumers. 

representatives of consumer groups, 

manufacturers. associations. States or 

other governmental entities. utilities, 

retailers, distributors. and others are 

urged to submit written comments on 

the proposal. The Department also 

encourages interested persons to 

participate in the public hearing to be 

held in Washington, D.C .. as provided at 

the beginning of this notice. 

The DOE has established a comment 

period of 60 days following publication 

of this notice. for persons to comment on 
CAS-RM-79-105 COMMENT 01

Federal Register / Vol 54, No. 10' {Tuesday., -Jaunary. 17,_ 1989 I Proposed Rules 1909 

this proposal. All comments and the 

transcript of the public hearing will be 

available for review in the DOE 

'edom of Information Reading Room. 

b. Written COJJ1JJ1ent Procedures. 

Interested persons are invited to 

participate in this proceeding by 

submitting written data. views or 

arguments with respect to the subjects 

set forth in this notice. Instructions for 

submitting written comments are set 

forth at the beginning of this notice and 

below. 

Comments should be labeled both on 

the envelope and on the documents. 

"Water Heater Standards (Docket No. 

CAS-RM-79-105)." and must be 

received by the date specified at the 

beginning of this notice. Ten copies are 

requested to be submitted. All 

comments received by the date specified 

at the beginning of this notice and other 

relevant information will be considered 

by DOE before final action is taken on 

the proposed regulation. 

All written comments received on the 

proposed rule will be available for 

public inspection at the DOE Freedom of 

Information Reading Room. 

Pursuant to the provisions of 10 CFR 

1004.11. any person submitting 

information or data that is believed to 

be confidential and exempt by law from 

lic disclosure, should submit one 

,,~,nplete copy of the document, and 10 

copies. if possible. from which the 

information believed to be confidential 

has been deleted. DOE will make its 

own determination with regard to the 

confidential status of the information or 

data and treat it according to its 

determination. 

Factors of interest to DOE, when 

evaluating requests to treat as 

confidential information that has been 

submitted, include: (1) A description of 

the item; (2) an indication as to whether 

and why such items of information have 

been treated by the submitting party as 

confidential, and whether and why such 

items are customarily treated as 

confidential within the industry; (3) 

. whether the information is generally 

known or available from other sources; 

(4) whether the information has 

previously been made available to 

others without obligation concerning its 

confidentiality; (5) an explanation of the 

competitive injury to the submitting 

person which would result from public 

disclosure; (6) an indication as to when 

such information might lose its 

confidential character due to the 

passage of time; and (7) whether 

" 'Iosure of the information would be 

,e' public interest. 

c. Public Hearing. 

1. Procedures for Submitting Requests 

to Speak. The time and place of the 

public hearing are indicated at the 

beginning of this notice. DOE invites 

any person who has an interest in these 

proceedings. or who is representative of 

a group or class of persons having an 

interest, to make a written or telephone 

request for an opportunity to make an 

oral presentation at the public hearing. 

Such requests should be labeled both on 

the letter and the envelope. "Water 

Heater Standards (Docket No. CASRM-79-105) and should be sent to the 

address, and must be received by the 

time specified. at the beginning of this 

notice. Requests may be hand-delivered 

to such address between the hours of 

8:30 a.m. and 4:30 p.m., Monday through 

Friday, except Federal holidays. 

The person making the request should 

briefly describe the interest concerned 

and give a telephone number where he 

or she may be contacted. Each person 

selected to be heard will be so notified 

by DOE as to the time they are 

requested to speak. 

Each person selected to be heard is 

requested to submit 10 copies of the oral 

statement to the registration desk prior 

to the beginning of the hearing. In the 

event any person wishing to testify 

cannot meet this requirement, 

alternative arrangements can be made 

with the Office of Hearings and Dockets 

in advance of the hearing by so 

indicating in the letter requesting to 

make an oral presentation. 

2. Conduct of Hearing. DOE reserves 

the right to select the persons to be 

heard at this hearing, to schedule the 

respective presentations, and to 

establish the procedures governing the 

conduct of the hearing. The length of 

each presentation is limited to 20 

minutes. 

A OOE official will be designated to 

preside at the hearing. The hearing will 

not be a judicial or evidentiary-type 

hearing, but will be conducted in 

accordance with 5 U.S.C. 553 and 556, 

and Section 336 of the Act. At the 

conclusion of all initial oral statements, 

each person who has made an oral 

statement will be given the opportunity 

to make a rebuttal statement. subject to 

time limitations. The rebuttal statement 

will be given in the order in which the 

initial statements were made. The 

official conducting the hearing wili 

accept additional comments or 

questions from those attending, as time 

permits. Any interested person may 

submit to the presiding official written 

questions to be asked of any person 

making a statement at the hearing. The 

presiding official will determine whether 

the question is relevant. and whether 

time limitations permit it to be presented 

for answer. 

Questioning of speakers will be 

permitted by DOE. The presiding official 

will afford any interested person an 

opportunity to question, with respect to 

disputed issues of material fact, other 

interested persons who have made oral 

presentations, as well as Federal 

employees who have made written or 

oral presentations, relating to the 

proposed rule. This opportunity will be 

afforded after any rebuttal statements, 

to the extent that the presiding official 

determines that such questioning is 

likely to resulUna more timely and 

effective resolution of disputed issues of 

material fact. If the time provided is 

insufficient or inconvenient,DOKwill 

consider affording an additional 

opportunity for questioning at a 

mutually convenient time; Persons 

interested in makinguseof·this 

opportunity must submit their request to 

the presiding official no later than 

shortly after the completion of any 

rebuttal statements and be prepared to 

state specific justification, including 

why the issue is one of disputed fact and 

how the proposed questions would 

expedite resolution. 

Any further procedural rules regarding 

proper conduct of the hearing will be 

announced by the presiding official. 

A transcript of the hearing will be 

made and the entire record of the 

hearing, including the transcript. will be 

retained by DOE and made available for 

inspection at the DOE Freedom of 

Information Reading Room, Room lE190, Forrestal Building, 1000 

Independence Avenue, SW., 

Washinglon, DC, between the hours of 

8:30 a.m. and 4:00 p.m., Monday through 

Friday. For information concerning the 

availability of records at the Freedom of 

Information Reading Room. call (202) 

536-6020. In addition, any person may 

purchase a copy of the transcript from 

the reporter. 

. List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure. Energy conservation, 

Household appliances. 

In consideration of the foregoing, it is 

proposed to amend Part 430 of Chapter 

II of Title 10, Code of Federal 

Regulations, as set forth below. 

Issued in Washinglon, DC, Decembcf 30, 

1988. 

Dr. John R. Berg, 

Assistunt Secretary Conservationol1d 

Renewable Energy. 
CAS-RM-79-105 COMMENT 01

1910 Federal Register I Vol. 54, No. 10 I Tuesday, Jaunary 17, 1989 I Proposed Rules 

PART 430-ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

1. The authority citation for Part 430 is 

revised to read as follows: 

Authority: Energy Policy and Conservation 

Act. Title III, Part B, as amended by National 

Energy Conservation Policy Act. Title IV. Part 

2. National Appliance Energy Conservation 

Act of 1987. and Nationa1 Appliance Energy 

Conservation Amendments of 1988 (42 U.S.C. 

6291-{l309 J 

2. Section 430.32. as proposed on 

December 2. 1988 (53 FR 48825). is 

amended by adding paragraph (d) to 

read a~ follows: 

§ 430.32 Federal energy conservation 

standards. 

(d) Water heaters. 

Product class Energy factor January 1, 

1990 

1. Gas Water Heater "" ..... 0.62-(.0019 X Rated 

Storage Volume I in 

Gallons) .. 

2. Instantaneous Gas 

Water Heaters. 

3. Oil Water Heater ........... . 

0.62 ................................... . 

0.59-(.0019 X Rated 

Storage Volume in 

Gallons) .. 

4. Electric Water Heater .... 0.93-(0.00132 X Rated 

Storage Volume in 

Gallons) .. 

I Storage tank capacity as defined in Appendix E 

to Subpart B of 10 CFR Part 430 . 

. [FR Doc. 69-907 Filed 1-13-69; 6:45 am1 

BILLING CODE 6450-Gl-M