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[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Proposed Rules]
[Pages 18167-18168]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07706]

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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2012-BT-STD-0022]
RIN 1904-AC78

Energy Conservation Program for Consumer Products: Energy 
Conservation Standards for Residential Water Heaters

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

ACTION: Proposed rule; withdrawal.

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SUMMARY: The U.S. Department of Energy (DOE) withdraws a proposed rule 
published in the Federal Register on February 26, 2013 that proposed to 
establish a waiver process to allow the manufacture and sale of certain 
large-volume (>55 gallon) electric storage water heaters under 1-year 
waivers granted by DOE, provided that a specific set of features are 
included and conditions are met to ensure their use only in residences 
enrolled in utility electric thermal storage (ETS) programs.

DATES: The proposed rule published on February 26, 2013 at 78 FR 12969 
is withdrawn as of April 3, 2015.

FOR FURTHER INFORMATION CONTACT: 
Ms. Ashley Armstrong, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies, EE-2J, 1000 
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 
586-6590. Email: Ashley.Armstrong@ee.doe.gov.
Mr. Eric Stas, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-5827. Email: Eric.Stas@hq.doe.gov.

SUPPLEMENTARY INFORMATION: 

I. Authority

    Title III, Part B \1\ of the Energy Policy and Conservation Act of 
1975 (``EPCA'' or ``the Act''), Public Law 94-163 (42 U.S.C. 6291-6309, 
as codified) established the Energy Conservation Program for Consumer 
Products Other Than Automobiles.\2\ These products include residential 
water heaters (RWH), the subject of this document. (42 U.S.C. 
6292(a)(4))
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
    \2\ All references to EPCA in this document refer to the statute 
as amended through the American Energy Manufacturing Technical 
Corrections Act (AEMTCA), Public Law 112-210 (Dec. 18, 2012).

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[[Page 18168]]

II. Background

    The National Appliance Energy Conservation Act of 1987 (NAECA; Pub. 
L. 100-12) amended EPCA to, among other things, establish energy 
conservation standards for residential water heaters. (42 U.S.C. 
6295(e)(1); 42 U.S.C. 6295(e)(4)) DOE initially amended the statutorily 
prescribed standards for water heaters in a final rule published on 
January 17, 2001. 66 FR 4474 (Jan. 17, 2001). Subsequently, DOE amended 
the residential water heater standards a second time in another final 
rule published on April 16, 2010 (hereinafter known as the April 2010 
final rule). 73 FR 20112 (April 16, 2010).
    The energy conservation standards for residential water heaters 
adopted in the April 2010 final rule will apply to products 
manufactured on or after April 16, 2015. 75 FR 20234 (April 16, 2010). 
The amended energy conservation standards consist of minimum energy 
factors \3\ (EF) that vary based on the rated storage volume of the 
water heater, the type of energy it uses (i.e., gas, oil, or 
electricity), and whether it is a storage, instantaneous, or tabletop 
model. 10 CFR 430.32(d) Of particular relevance to this notice, 
electric water heaters with a rated storage volume above 55 gallons 
(referred to hereinafter as ``large-volume'' electric storage water 
heaters) will be required to have an energy factor of at least 2.057 - 
(0.00113 x Rated Storage Volume in gallons). Id. Such a level is 
currently achievable only by using heat pump water heater technology 
and cannot be achieved in electric water heaters that rely solely on 
electric resistance elements.
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    \3\ Energy factor is a measure of overall water heater 
efficiency that accounts for efficiency during active, standby, and 
cyclical operation.
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    Subsequent to the publication of the April 2010 final rule, several 
stakeholders indicated to DOE their concerns about the interaction of 
the amended standards in the April 2010 final rule and the use of 
large-volume electric storage water heaters in utility ETS programs. To 
gather additional information on the impact of the amended standard 
established in the April 2010 final rule on ETS programs that use 
large-volume electric storage water heaters, DOE issued a request for 
information (RFI) and received numerous additional comments on these 
topics. 77 FR 35299 (June 13, 2012). After considering comments 
submitted by interested parties, DOE published a notice of proposed 
rulemaking (NOPR) proposing to establish a waiver process to allow any 
manufacturer, utility, or a combination of the two to request a waiver 
granting an exemption from the amended energy conservation standards 
established in the April 2010 final rule for certain large-volume 
electric storage water heaters used in an ETS program. 78 FR 12969 
(Feb. 26, 2013). As proposed, each waiver would have allowed 
manufacturers to produce, for a 1-year period, a limited number of 
large-volume electric storage water heaters that would not otherwise 
meet the April 2010 amended standard levels, provided that a specific 
set of features are included and conditions are met to ensure their use 
exclusively in utility ETS programs. More information on DOE's waiver 
proposal and stakeholder feedback can be found in the rulemaking 
docket.\4\
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    \4\ http://www.regulations.gov/#!docketDetail;D=EERE-2012-BT-
STD-0022.
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III. Discussion

    By this document, DOE withdraws its February 26, 2013 NOPR. DOE 
commissioned a study to examine the capability of large-capacity water 
heaters, both resistance and heat pump, to support ETS programs and 
found both water heater types worked for such programs. For additional 
discussion of the capability of using large-volume electric storage 
water heaters that meet the April 2010 amended standard levels to 
support utility ETS programs, see the following reports: http://www.pnnl.gov/main/publications/external/technical_reports/PNNL-23527.pdf and http://www.pnnl.gov/main/publications/external/technical_reports/PNNL-23697.pdf.

IV. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this 
withdrawal.

    Issued in Washington, DC, on March 26, 2015.
Roland Risser,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy 
Efficiency and Renewable Energy.
[FR Doc. 2015-07706 Filed 4-2-15; 8:45 am]
 BILLING CODE 6450-01-P
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