[Federal Register Volume 62, Number 211 (Friday, October 31, 1997)]
[Proposed Rules]
[Pages 58923-58925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28908]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 62, No. 211 / Friday, October 31, 1997 / 
Proposed Rules

[[Page 58923]]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 430

[Docket No. EE-RM-94-230]
RIN 1904-AA-52


Energy Conservation Program for Consumer Products: Test Procedure 
for Water Heaters

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

ACTION: Proposed rule; limited reopening of the comment period.

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SUMMARY: The Department of Energy (DOE or the Department) is amending 
its test procedure for water heaters. The purpose of this notice is to 
solicit comments on three amendments to the proposed test for rating of 
instantaneous water heaters, the installation requirement for heat pump 
water heaters supplied without tanks, and the definition of heat pump 
water heater.

DATES: Written comments in response to this notice must be received by 
December 1, 1997.

ADDRESSES: Ten copies of written comments may be submitted to: U.S. 
Department of Energy, Office of Energy Efficiency and Renewable Energy, 
EE-43, Room 1J-018, MS EE-43, ``Test Procedure for Water Heaters,'' 
Docket No. EE-RM-94-230, Forrestal Building, 1000 Independence Avenue, 
SW, Washington, DC 20585, (202) 586-7574.
    Copies of the comments and transcripts from the public hearing and 
workshop may be viewed at the Department of Energy, Freedom of 
Information Public Reading Room, U.S. Department of Energy, Room 1E-
190, 1000 Independence Avenue, SW, Washington, DC 20585, (202) 586-
3142, between the hours of 9:00 a.m. and 4:00 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

    Terry Logee, U.S. Department of Energy, Office of Energy Efficiency 
and Renewable Energy, Mail Station EE-43, 1000 Independence Avenue, SW, 
Washington, DC 20585-0121, (202) 586-1689, FAX (202) 586-4617, 
<a href="/cdn-cgi/l/email-protection#1a6e7f6868633476757d7f7f5a726b347e757f347d756c"><span class="__cf_email__" data-cfemail="b4c0d1c6c6cd9ad8dbd3d1d1f4dcc59ad0dbd19ad3dbc2">[email protected]</span></a>
    Eugene Margolis, Esq., U.S. Department of Energy, Office of General 
Counsel, Mail Station GC-72, 1000 Independence Avenue, SW, Washington, 
DC 20585-0103, (202) 586-9507, FAX (202) 586-4116, 
<a href="/cdn-cgi/l/email-protection#56332331333833783b372431393a3f25163e277832393378313920"><span class="__cf_email__" data-cfemail="1f7a6a787a717a31727e6d787073766c5f776e317b707a31787069">[email protected]</span></a>

SUPPLEMENTARY INFORMATION:

I. Introduction

    On March 23, 1995, the Department published a notice of proposed 
rulemaking (NOPR) to make several revisions to its test procedure for 
water heaters. 60 FR 15330. On July 12, 1995, a hearing was held on the 
NOPR, and on February 12, 1997, a workshop was held. The proposed 
amendments to the water heater test procedure included, among other 
things, revisions to make the water heater test procedure applicable to 
electric and oil-fired instantaneous water heaters, and definitions for 
a heat pump water heater storage tank, an integral heat pump water 
heater, and an add-on heat pump water heater. In response to the NOPR, 
several commenters submitted proposals for alternatives to these 
amendments. DOE is reopening the comment period to provide an 
opportunity for public review and comment.

II. Discussion

A. Rating Instantaneous Water Heaters

    In the NOPR, DOE proposed to extend coverage to include electric 
and oil-fired instantaneous water heaters in addition to the gas-fired 
instantaneous water heaters by amending the definitions and test 
procedures. DOE proposed to use the first hour rating test (already 
used for testing storage-type water heaters) for these instantaneous 
water heaters.
    The Department received comments from Bock, Edison Electrical 
Institute (EEI), the Gas Appliance Manufacturers Association (GAMA), 
and the Oregon State Energy Office stating that no oil-fired 
instantaneous water heaters are manufactured for residential use. 
Furthermore, the Federal Trade Commission does not receive labeling 
data on oil fired instantaneous water heaters. (GAMA, No. 1 at 2; 
Testimony from February 12, 1997, GAMA at 119, EEI at 119, Bock at 120, 
FTC at 120; Oregon, No. 51 at 3.) DOE agrees and will withdraw coverage 
for oil-fired instantaneous water heaters.
    GAMA, the Electric Power Research Institute (EPRI), the Oregon 
State Energy Office, and several utilities suggested that DOE's 
proposed test for rating instantaneous water heaters be changed from a 
first hour rating to a maximum flow rate in gallons per minute. These 
commenters claimed the maximum gpm rating better represents the 
capabilities of an instantaneous water heaters. Such a test would 
involve measuring the inlet water temperature, establishing a required 
outlet temperature based on a prescribed temperature rise, and 
determining the amount of water per minute the water heater could 
dispense at the required temperature. (Testimony from February 12, 
1997, GAMA at 127-8; EPRI, No. 56 at 8; Oregon, No. 51 at 3; Hawaiian 
Electric Co., No. 23 at 2; East Kentucky Power Cooperative, No. 34 at 
1.) Nevada Power Company claimed that applying the first hour rating to 
instantaneous water heaters ``is inappropriate because consumers may 
mistakenly compare instantaneous and storage type water heaters as 
being equivalent * * *'' (Nevada Power Co., No. 45 at 4.)
    Although all these commenters supported testing for maximum flow 
rate, there was some disagreement about temperature rise. GAMA proposed 
that the temperature rise should be 77  deg.F, because, assuming an 
average inlet water temperature of 58  deg.F, this is consistent with 
testing for storage-type water heaters, which are tested at 135  deg.F. 
EPRI and the Hawaiian Electric Co. preferred a temperature rise of 50 
deg.F for instantaneous water heaters because, they claimed, it 
reflects the water temperature that people use. (GAMA, No. 35 at 2, 
Testimony from July 21, 1995, GAMA at 11; Testimony from July 21, 1995, 
GAMA at 127, 138; Hawaiian Electric Co., No. 23 at 2; EPRI, No. 56 at 
8.)
    Based on the comments, DOE believes that the current first-hour 
rating for instantaneous water heaters may mislead consumers because 
those instantaneous water heaters with larger heat input rates can only 
provide about

[[Page 58924]]

one gallon per minute at a 77  deg.F temperature rise versus the three 
gallons per minute DOE requires from storage-type water heaters in its 
first hour rating. DOE agrees with GAMA, EEI, EPRI, and other 
commenters that a test for a maximum flow rate (gal/min.) over a 
specific temperature rise (77  deg.F or 50  deg.F) is a better way to 
compare instantaneous water heaters than a test that determines the 
total volume flow over one hour. The heat input rate in BTU per hour or 
kilowatts and a specific temperature rise will determine the maximum 
flow rate in gallons per minute. The maximum flow rate measures the 
ability of instantaneous water heaters to deliver the largest possible 
amount of hot water to the user at a specific temperature rise 
occurring at any single moment.
    DOE agrees with GAMA that the temperature rise should be 77  deg.F. 
DOE believes this temperature rise is required to ensure that the 
instantaneous water heater can deliver water at 135  deg.F for 
dishwashers and laundry or can provide hot water at a minimum 
acceptable temperature in places like Maine or Michigan, where the 
source water temperature may be much lower than the 58  deg.F used in 
the test procedure.
    Based on the above reasons, the Department proposes to revise the 
test for rating of instantaneous water heaters from the first hour 
rating to the maximum flow rate in gallons per minute (gpm) at a 77 
deg.F temperature rise. This temperature rise will ensure consumers 
that instantaneous water heaters can provide hot water for laundry and 
dishwasher use and can dispense water at an acceptable temperature in 
cold regions of the country. DOE proposes to call this rating criterion 
the maximum gpm rating.
    The Department proposes to insert the following text at the 
appropriate sections in the proposed test procedure:
    1.9  Maximum GPM (LPM) Rating means the maximum gallons per minute 
(liters per minute) of hot water that can be supplied by an 
instantaneous water heater while maintaining a nominal temperature rise 
of 77  deg.F (42.8  deg.C) during steady state operation at its maximum 
rate of input energy.
    5.2.3  Maximum GPM (LPM) Rating Test for Instantaneous Water 
Heaters. Establish normal water heater operation at the maximum input 
rate with the discharge water temperature set in accordance with 
Section 5.2.1 (procedure for setting the outlet discharge temperature). 
During the 10-minute test, with no interruption to the electricity or 
fossil fuel supplied to the water heater, either collect the withdrawn 
water for later measurement of the total mass removed or, 
alternatively, use a water meter to directly measure the volume of 
water removed.
    Begin with the water flow temporarily discontinued. Record the 
scale or water meter reading as appropriate. Turn on the hot water and 
record the corresponding time. Record the inlet and outlet water 
temperatures beginning 15 seconds after the hot water is turned on and 
at every subsequent 5-second interval throughout the duration of the 
test. At the end of 10 minutes, turn off the hot water. Determine the 
mass of water collected, M<INF>10M</INF>, in pounds (kilograms), or the 
volume of water, V<INF>10M</INF>, in gallons (liters), with an error no 
greater than 2 percent.
    6.2.1  Maximum GPM (LPM) Rating Computation. Compute the maximum 
gpm (lpm) rating as:
[GRAPHIC] [TIFF OMITTED] TP31OC97.005

Where:

M<INF>10m</INF> = the mass of water collected during the 10-minute 
test, lb (kg).
T<INF>del</INF> = the average delivery temperature,  deg.F ( deg.C).
T<INF>in</INF> = the average inlet temperature,  deg.F ( deg.C).
<greek-r> = the density of water at the average delivery temperature, 
lb/gal (kg/L).

    If a water meter is used in lieu of a scale, the maximum gpm 
(liter/min) rating is computed as:
[GRAPHIC] [TIFF OMITTED] TP31OC97.006

Where:

V<INF>10m</INF> = the volume of water measured during the 10-minute 
test, gal (L).
T<INF>del</INF> = the average delivery temperature,  deg.F ( deg.C).
T<INF>in</INF> = the average inlet temperature,  deg.F ( deg.C).

B. Heat Pump Water Heater Storage Tanks

    In the NOPR, DOE proposed a definition for a heat pump water heater 
storage tank: ``Heat Pump Water Heater Storage Tank'' is an insulated 
tank designed, wired, and labeled for use exclusively with an add-on 
heat pump water heater or solar water heater and being unable to 
operate without an add-on heat pump water heater or solar water heater. 
The heat pump water heater storage tank may contain one or two 
thermostats and up to two electric resistance heating elements, and has 
a manufacturer's rated capacity of 120 gallons (450 liters) or less. 
When tested with the add-on heat pump water heater or solar water 
heater inoperative, the heat pump water heater storage tank shall have 
an energy factor that is determined in accordance with the test 
procedure for water heaters.
    GAMA objected to the Department's proposed definition for a heat 
pump water heater storage tank. GAMA also proposed that a 50-gallon 
tank that meets the minimum DOE energy factor is adequate for testing 
any add-on heat pump water heater sold without a tank by the 
manufacturer. (Section 4.9.3 of the existing DOE test procedure 
specifies a 47<plus-minus>1 gallon tank with an Energy Factor of 
0.87<plus-minus>.01.) Supporters for GAMA's proposal included EPRI, the 
Oregon Energy Office, and Virginia Power. The Oregon Energy Office 
suggested that DOE review the definition in the current test procedure. 
(Testimony from February 12, 1997, GAMA at 229, EPRI at 227; Oregon, 
No. 51 at 6; Virginia Power, No. 50 at 4.)
    Based on the above comments, the Department is proposing to delete 
its proposed definition for a heat pump water heater storage tank. The 
Department is revising the current installation requirement in Section 
4.9.3 for a heat pump water heater storage tank. The Department 
proposes to insert the following text at the appropriate section in the 
proposed test procedure:
    4.10  Heat Pump Water Heater Storage Tank. The heat pump water 
heater storage tank to be used for testing a heat pump water heater 
without a tank supplied by the manufacturer shall be an electric 
storage-type water heater. The electric water heater shall have the 
following specifications: a volume of 47.0 gallons <plus-minus>1.0 
gallon (178.0 liters <plus-minus>3.8 liters); two 4.5 kW heating 
elements controlled in such a manner as to prevent both elements from 
operating simultaneously; and an Energy Factor greater than or equal to 
the minimum energy conservation standard (as determined in accordance 
with Section 6.1.7) and less than or equal to the sum of the minimum 
energy conservation standard and 0.02.

C. Heat Pump Water Heater

    In the NOPR, DOE proposed to amend the definition of Heat Pump 
Water

[[Page 58925]]

Heater with the following definitions of internal heat pump water 
heater and add-on heat pump water heater.
    1.11.3.a. Integral heat pump water heater An air-to-water heat pump 
integral with an insulated storage tank.
    1.11.3.b. Add-on heat pump water heater An air-to-water heat pump 
designed for use with a heat pump water heater storage tank.
    EEI and EPRI claimed the definition for add-on heat pump water 
heater is inappropriate and should not be adopted. They stated that 
add-on heat pump water heaters are designed to work with any electric 
water heater tank and that some are designed to work with any tank. 
EPRI further stated that there are no storage tanks labeled and 
designed for use exclusively with heat pump water heaters. Therefore, 
EPRI believed the new definition would not allow testing of add-on heat 
pump water heaters because no heat pump water heater tanks are labeled 
for use exclusively with heat pump water heater storage tanks. EPRI 
claimed this new definition would increase costs of tanks used with 
heat pump water heaters because these tanks must be specialty tanks. 
Further, EEI claimed that this definition ``is ill-advised; at best, it 
is likely to create confusion and increase the cost of heat pump water 
heaters.'' (Testimony from July 12, 1995, EEI at 29; EEI, No. 2 at 7; 
EEI, No. 27 at 7; EPRI, No. 17 at 5.) Vaughn Manufacturing Corp. 
stated, ``Now DOE is proposing to add more than one category of heat 
pump water heaters and a solar water heater. These new units will add 
to the confusion unless care is taken to see that the criteria are 
applied to comparative models on a valid basis.'' (Vaughn, No. 31 at 
4.)
    GAMA objected to the definition of ``integral heat pump water 
heater'' because the definition implies that the heat pump is 
structurally integrated with a tank, whereas, in reality, the heat pump 
and the tank can be physically separated, but are usually sold by the 
manufacturer as a packaged unit. GAMA suggested that instead of the 
1995 DOE proposed definitions of ``integral heat pump water heaters'' 
and ``add-on heat pump water heaters,'' the respective definitions 
should be ``heat pump water heaters with tanks'' and ``heat pump water 
heaters without tanks.'' (Testimony from February 12, 1997, GAMA at 
229-31.)
    The Department finds that the definition of ``integral heat pump 
water heaters'' should be withdrawn as commenters GAMA, EPRI, Oregon 
Energy Office, and Virginia Power suggested. In place of the definition 
of ``integral heat pump water heaters,'' the Department proposes the 
following definition: Heat pump water heater with storage tank means an 
air-to-water heat pump sold by the manufacturer with an insulated 
storage tank as a packaged unit. The tank and heat pump can be an 
integral unit or they can be separated.
    The Department is also withdrawing the definition for an add-on 
heat pump water heater and proposes the following definition.
    Heat pump water heater without storage tank (also called add-on 
heat pump water heater) means an air-to-water heat pump designed for 
use with a storage-type water heater or a storage tank that is not 
specified or supplied by the manufacturer.
    The Department welcomes comments on these three topics.

    Issued in Washington, DC, on October 24, 1997.
Joseph J. Romm,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 97-28908 Filed 10-30-97; 8:45 am]
BILLING CODE 6450-01-P


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