[Federal Register Volume 88, Number 180 (Tuesday, September 19, 2023)]
[Rules and Regulations]
[Pages 64351-64353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19908]


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DEPARTMENT OF ENERGY

10 CFR Part 431

[EERE-2013-BT-STD-0030]
RIN 1904-AB86


Energy Conservation Program: Energy Conservation Standards for 
Commercial Packaged Boilers

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

ACTION: Final rule; technical amendment.

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SUMMARY: The Department of Energy (DOE) is amending its standards for 
commercial packaged boilers (CPB) in compliance with a United States 
Court of Appeals for the District Court of Columbia Circuit court 
decision vacating the January 10, 2020 rule that amended standards for 
CPB.

DATES: This action is effective on September 19, 2023. However, the 
opinion had legal effect on August 28, 2023.

FOR FURTHER INFORMATION CONTACT: 
    Ms. Julia Hegarty, U.S. Department of Energy, Office of Energy 
Efficiency and

[[Page 64352]]

Renewable Energy, Building Technologies Program, EE-5B, 1000 
Independence Avenue SW, Washington, DC 20585-0121. Telephone: (240) 
597-6737. Email: Julia <a href="/cdn-cgi/l/email-protection#c088a5a7a1b2b4b980a5a5eea4afa5eea7afb6"><span class="__cf_email__" data-cfemail="074f62606675737e4762622963686229606871">[email protected]</span></a>.
    Ms. Amelia Whiting, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 586-2588. Email: 
<a href="/cdn-cgi/l/email-protection#53123e363f3a327d043b3a273a3d34133b227d373c367d343c25"><span class="__cf_email__" data-cfemail="0f4e626a63666e215867667b6661684f677e216b606a21686079">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Energy Policy and Conservation Act of 
1975 (EPCA), as amended, requires DOE to, among other things, 
periodically consider whether amended energy conservation standards for 
commercial packaged boilers are warranted. On January 10, 2020, DOE 
published a final rule, 85 FR 1592 (January 10, 2020; ``January 2020 
Final Rule''), amending energy conservation standards for commercial 
packaged boilers (``CPB''). A commercial packaged boiler is a packaged 
boiler that meets all of the following requirements: (1) has rated 
input of 300,000 Btu/h or greater; (2) is to any significant extent, 
distributed in commerce for space conditioning and/or service water 
heating in buildings but does not meet the definition of ``hot water 
supply boiler''; (3) does not meet the definition of ``field-
constructed''; and (4) is designed to operate a steam pressure at or 
below 15 psig; operate at or below a water pressure of 160 psig and 
water temperature of 250 [deg]F, or operate at a steam pressure at or 
below 15 psig and at or below a water pressure of 160 psig and water 
temperature of 250 [deg]F. 10 CFR 431.82.
    The American Public Gas Association (``APGA''), Air-Conditioning, 
Heating and Refrigeration Institute (``AHRI''), and Spire Inc. filed 
petitions for review of DOE's January 2020 Final Rule in the United 
States Courts of Appeals for the D.C. Circuit, Fourth Circuit, and 
Eight Circuit, respectively. American Public Gas Association v. DOE, 22 
F.4th 1018 (D.C. Cir. 2022). The Petition was consolidated in the D.C. 
Circuit. In a January 18, 2022, opinion, the D.C. Circuit determined 
that DOE failed to provide meaningful responses to comments with 
respect to three distinct issues related to modeling used during the 
rulemaking proceeding: (1) the random assignment of boiler efficiencies 
to buildings; (2) forecasted fuel prices; and (3) estimated burner 
operating hours. As such, the court concluded DOE failed to adequately 
explain why the January 2020 Final Rule satisfies the applicable clear 
and convincing evidence standard and remanded, but did not vacate, the 
January 2020 Final Rule to DOE to cure the failures to explain.
    On remand, DOE published a supplemental response to comments 
providing additional explanation regarding these three issues. 87 FR 
23421 (April 20, 2022). APGA, AHRI, and Spire Inc. filed separate 
petitions for review of the supplemental response to comments, which 
were consolidated in the D.C. Circuit. The D.C. Circuit issued an 
opinion on July 7, 2023, granting the petition for review and vacating 
the energy conservation standards for CPBs established in the January 
2020 Final Rule, and remanding the proceedings to DOE. (See 10 CFR 
431.87)
    This final rule is not subject to the requirement to provide prior 
notice and an opportunity for public comment pursuant to 5 U.S.C. 
553(b)(B). DOE finds good cause to waive the requirement to provide 
prior notice and an opportunity for public comment as such procedure is 
unnecessary. DOE must comply with the order of a Federal court, and has 
no discretion to do otherwise. In implementation of that order, DOE is 
vacating the current energy conservation standards for commercial 
packaged boilers. Comments suggesting any other course would serve no 
useful purpose.

Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
rule; technical amendment.

Signing Authority

    This document of the Department of Energy was signed on September 
8, 2023, by Francisco Alejandro Moreno, Acting Assistant Secretary for 
Energy Efficiency and Renewable Energy, pursuant to delegated authority 
from the Secretary of Energy. That document with the original signature 
and date is maintained by DOE. For administrative purposes only, and in 
compliance with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy. This administrative 
process in no way alters the legal effect of this document upon 
publication in the Federal Register.

    Signed in Washington, DC, on September 11, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE amends part 431 of 
chapter II, subchapter D, of title 10 of the Code of Federal 
Regulations, as set forth below:

PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND 
INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 431 continues to read as follows:

    Authority:  42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.


0
2. Revise Sec.  431.87 to read as follows:


Sec.  431.87  Energy conservation standards and their effective dates.

    (a) Each commercial packaged boiler listed in table 1 of this 
paragraph (a) and manufactured on or after the effective date listed 
must meet the indicated energy conservation standard.

               Table 1 to Paragraph (a)--Commercial Packaged Boiler Energy Conservation Standards
----------------------------------------------------------------------------------------------------------------
                                                                                     Efficiency level--effective
         Equipment category                Subcategory        Certified rated input     date: March 2, 2012 *
----------------------------------------------------------------------------------------------------------------
Hot Water Commercial Packaged        Gas-fired.............  >=300,000 Btu/h and     80.0% ET.
 Boilers.                                                     <=2,500,000 Btu/h.
Hot Water Commercial Packaged        Gas-fired.............  >2,500,000 Btu/h......  82.0% EC.
 Boilers.
Hot Water Commercial Packaged        Oil-fired.............  >=300,000 Btu/h and     82.0% ET.
 Boilers.                                                     <=2,500,000 Btu/h.
Hot Water Commercial Packaged        Oil-fired.............  >2,500,000 Btu/h......  84.0% EC.
 Boilers.
Steam Commercial Packaged Boilers..  Gas-fired, all, except  >=300,000 Btu/h and     79.0% ET.
                                      natural draft.          <=2,500,000 Btu/h.
Steam Commercial Packaged Boilers..  Gas-fired, all, except  >2,500,000 Btu/h......  79.0% ET.
                                      natural draft.
Steam Commercial Packaged Boilers..  Gas-fired--natural      >=300,000 Btu/h and     77.0% ET.
                                      draft.                  <=2,500,000 Btu/h.
Steam Commercial Packaged Boilers..  Gas-fired--natural      >2,500,000 Btu/h......  77.0% ET.
                                      draft.
Steam Commercial Packaged Boilers..  Oil-fired.............  >=300,000 Btu/h and     81.0% ET.
                                                              <=2,500,000 Btu/h.
Steam Commercial Packaged Boilers..  Oil-fired.............  >2,500,000 Btu/h......  81.0% ET.
----------------------------------------------------------------------------------------------------------------
* Where EC is combustion efficiency and ET is thermal efficiency.


[[Page 64353]]

    (b) Each commercial packaged boiler listed in table 2 of this 
paragraph (b) and manufactured on or after the effective date listed in 
Table 2 must meet the indicated energy conservation standard.

               Table 2 to Paragraph (b)--Commercial Packaged Boiler Energy Conservation Standards
----------------------------------------------------------------------------------------------------------------
                                                                                     Efficiency level--effective
         Equipment category                Subcategory        Certified rated input     date: March 2, 2022 *
----------------------------------------------------------------------------------------------------------------
Steam Commercial Packaged Boilers..  Gas-fired--natural      >=300,000 Btu/h and     79.0% ET.
                                      draft.                  <=2,500,000 Btu/h.
Steam Commercial Packaged Boilers..  Gas-fired--natural      >2,500,000 Btu/h......  79.0% ET.
                                      draft.
----------------------------------------------------------------------------------------------------------------
* Where ET is thermal efficiency.


[FR Doc. 2023-19908 Filed 9-18-23; 8:45 am]
BILLING CODE 6450-01-P


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