2.1

April 28, 1993

John Millhone, Deputy Assistant Secretary

Office of Building Technologies

CE-40 5E080

U.S. Department of Energy

1000 Independence Avenue, S.W.

Washington, D.C. 20585

Dear Mr. Millhone:

UNITED STATES DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

GaiLl reraburg, Maryland 20899

EE- ID ET c

Thank you and your staff for the time to meet and discuss NVLAP interests in participating and

supporting DoE EPACT activities on March 3.

As a result of the meeting we have prepared for your consideration a draft Inter-Agency Agreement (IAA,

attachment A). The draft IAA describes a NVLAP-DoE relationship in which NVLAP provides

laboratory accreditation services to support DoE requirements in EPACT. The draft IAA is similar to

other NVLAP agency working agreements. Your comments would be given prompt consideration.

Following your review we request that you set a date for a meeting to examine and resolve any issues

that are of concern.

Please note that we have proposed a program to provide a uniform and consistently applied criteria for

all technical/product sectors in the EPACT. NVLAPs unbiased third party evaluations provide

recognition of competence achieved through conformance to NVLAP Procedures published in the Code

of Federal Regulations (CFR) Title 15, Section 285. Laboratories accredited by NVLAP fulfill ISO 25

guidelines. Consequently, NVLAP accreditation assists U.S. industry and commercial service

organizations to achieve international recognition under worldwide accepted procedures and criteria for

product acceptance from test data reports from NVLAP accredited laboratories.

Sincerely,

Lawrence Galowin , Deputy Chief

National Voluntary Laboratory Accreditation Program (NVLAP)

Attachment as noted

-CC)/

cc: M. McCabe

EE-DET-94-001 COMMENT 02
Attachment A

FT

INTERAGENCY AGREEMENT (IAA)

Between the

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

and

DEPARTMENT OF ENERGY

Purpose and Scope

The purpose of this Interagency Agreement is to establish laboratory accreditation programs by the

National Voluntary Laboratory Accreditation Program (NVLAP) to support the DoE in implementing

national legislation (Public Law 102-486).

1. Introduction

a. The National Institute of Standards and Technology (NIST) and the Department of Energy (DoE),

Office of Building Technologies, pursuant to their respective authorities, mutually agree to the

establishment of an Interagency Agreement for establishment of laboratory accreditation testing

program(s) and other related functions with support services by NVLAP as the nationally

recognized accreditation body to fulfill the requirements of Public Law 102-486 - October 24,

1992, the "National Energy Policy Act".

b. In cooperation and conjunction with DoE, NVLAP will develop the program in accordance with

its latest Procedures in the U . S. Code of Federal Regulations . NVLAP agrees to provide services

and functions to undertake the obligations set forth in this Agreement under the terms and

conditions stated herein.

c. NVLAP accreditation is fully cost reimbursable through fees paid by the accredited laboratories.

NVLAP may submit budgetary cost proposals for DoE evaluation and consideration for funding

when necessary to support development of features not normal to NVLAP.

H. Duration of Agreement

a. The Agreement is of unlimited duration; it will begin upon exchange of signature copies with an

effective date entered here, , 1993.

III. Scope and Activities

The programs to be established by NVLAP will be prepared in consultation with DoE for the

technical/product sectors identified in the Public Law.

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Development of accreditation programs for the various technical/product sectors will follow differing

schedules dictated by the Public Law, the objectives of the DoE, and the effort needed to develop the

details of each.

Deficiencies in standards for test methods or inadequacies and shortcomings of standard reference

materials for artifacts in proficiency testing may. require origination of interim standards or specifications

for improved accuracy. Both parties to this Agreement will identify and recommend needs for proposed

actions.

The candidate technical/product sectors for laboratory accreditation programs include lighting, electric

motors, transformers, windows, plumbing fixtures, and office equipment.

This Agreement includes DoE recognition of these existing NVLAP accreditation programs:

Energy Efficient Lighting Products Performance (EEL) LAP - Lamps and Luminaires;

Commercial Products (CPL) LAP - Plumbing Fixtures Section; and

Thermal Insulation Materials Program (TIM) - Windows Section.

IV. DoE Tasks.

a. Issue appropriate documents that specify NVLAP accreditation of laboratories in applicable

technology/product sectors.

b. Accept test data from NVLAP accredited laboratories as satisfying the requirements for DoE

regulations.

G. Publish DoE interim test procedures and/or standards in lieu of inadequate or imprecise

standards.

d. Publish documents and/or announcements in the Federal Register of information needed by

laboratories interested in procuring knowledge for programs.

e. Participate in the review of Proficiency Testing, artifact selection and upgrading to achieve

greater accuracy and precision from laboratory testing.

f. Provide financial support for procurement of unusual test materials and/or for development and

assuring availability of artifacts for upgrading levels of accuracy and precision.

g. Review the program periodically to ensure that anticipated benefits are being realized.

h. Provide copies of regulations and regulatory guidance to NVLAP and inform NVLAP of

proposed changes.

V. NVLAP Tasks.

The following tasks will be completed for each technical/product sector developed.

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a. Planning and Scheduling.

1. Draft the development plan including the schedule, definition of tasks, and

decisions/agreements to be made by the two parties to this Agreement.

2. Select test methods to be included through consultations with all interested parties; test

methods selected will be consistent with DoE regulatory needs.

3. Establish technical working groups to develop Proficiency testing regimes and Critical

Elements (test methods summaries from standards).

b. Handbooks, Checklists, Technical Experts, and Proficiency Testing

1. Prepare Handbook containing detailed technical requirements based on test methods

selected in consultation with all interested parties.

2. Develop laboratory assessment technical checklist assessment forms and reporting

procedures.

3. Complete the design of Proficiency Testing regime.

4. Conduct public workshop to reach consensus on program content including test methods.

5. Publish Handbook containing all program specifications.

6. Recruit, select and train Technical Experts.

7. Establish Technical Expert and Proficiency Testing contracts.

c. Implementation and Operation

1. Conduct all NVLAP administrative and technical support activities including distribution

of applications, collection of fees; arrangement of pre-accreditation proficiency testing

and on-site assessments.

2. Evaluate proficiency testing results, assessments and resolution of deficiencies; organize

evaluation panels for technical reviews and recommendations for accreditation action.

3. Issue Certificates and Scopes of Accreditation and periodically update published Directory

of accredited laboratories.

4. Prepare additional rounds of proficiency testing; publish NVLAP Tech Briefs and

distribute copies and inform standards organizations of the rounds results.

5. Prepare Technical Briefs on completed test rounds and provide copies (blind coded) to

Laboratories, DoE and other interested standards organizations.

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6. Maintain liaison with designated DoE staff and implement published improved test

.methods as advised or announced by DoE.

VI Modification of Agreement

The conditions and obligations under this agreement may be modified upon the mutual written

consent of the parties.

VII Termination of Agreement

a. Termination of this Agreement can be unilaterally made by either party upon 90 days notice, or

mutually negotiated. Any NIST contractual expenses due directly to a unilateral termination of

the Agreement shall be paid for by the party terminating the Agreement.

b. The laboratory accreditation programs implemented and operated by NVLAP may be continued

following termination or conclusion of this Agreement.

VIII PROJECT OFFICERS

Dr. Walter Rossitor , Coordinator for DoE/NVLAP Program

NIST/NVLAP

Building 411

Gaithersburg, MD 20899

(301) 975-1719

Dr. Lawrence Galowin, Deputy Chief

NIST/NVLAP

Building 411

Gaithersburg, MD 20899

(301) 975-1719

XXXXXXXXXXXXXX

DoE

YYYYYYYYYYY

DDDDDDDDDDD

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Attachment B

SUPPLEMENT - INFORMATION AND UPDATE

Actions since meeting; summarily listed:

Following a recommendation by Jeff Harris we have reviewed Public Law 102-486 for items on

office equipment requirements and we plan to meet at DoE to preliminarily discuss NVLAP

accreditation for test methods for such equipment.

On March 10 a meeting at NVLAP with NEMA and electric motor industry representatives was

held to discuss development of an accreditation program. Information was provided about

NVLAP methods, procedures and application of published referenced standards. The need for

industry representation and direct participation in developing details of the program was

emphasized. A follow-up meeting will be held at NEMA on April 23, 1993.

A meeting was held on March 11 at NVLAP to discuss development of a Calibration Transfer

Standard (CTS) for thermal performance testing of windows and thermal insulation in large

Thermal Chambers (Boxes) as specified in standards.

- An urgent need for a CTS was identified in Proficiency Testing in the NVLAP Thermal

Insulation Materials Accreditation Program and also in recent window testing under latest

ASTM standards. NFRC experience has pointed to the same need.

- NVLAP sponsored its proficiency test contractor for the pilot development of a CTS

that was successful in preparing a panel and showing feasibility of a uniform reference

standard. NVLAP limited financial resources achieved a primary objective for improving

the accuracy and precision of testing in its constituent laboratories, and for application

to other standards requiring comparable thermal test facilities.

- Information has been shared with NFRC and will continue. NFRC has shown strong

interest and may participate in further NVLAP/NIST efforts for completion of a CTS in

final development.

- A proposal for funding to the NIST Standard Reference Materials Office and possible

cost sharing was discussed and agreed upon with other NIST and NFRC staff to

undertake preparation of CTS materials and assemblies as SRM's. This example is a

demonstration of NVLAP identification and approach to improve the precision/accuracy

for testing under existing standards and for amending current practices. In this case DoE

partial support to the development would be valuable.

NVLAP has proposed in the Agreement draft that DoE and the National Fenestration Rating

Council (NFRC) collaborate on accepting NVLAP accreditation for windows testing with suitable

transition time and recognition of recent NFRC accreditation actions with NFRC maintenance of

the primary objectives in the Public Law for rating and labeling. NVLAP is in the process of

modifying its Thermal Insulation Materials Program to become Integrity of Building Envelope

Materials Program which includes thermal insulation, windows and doors, roofing materials,

curtain and built-up walls.

For the plumbing products sector I am extending suggestions made at our meeting of March 3.

I propose that you consider establishment of a technically knowledgeable working group that

represents a broad knowledge of recent advances for water and energy conservation. A balanced

group of recognized leaders with independent perspectives, could contribute to development of

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requirements that relate to DoE's mission. They could develop, review and advise DoE on

regulatory impacts and effects or impacts of implementation. The individual names follow (not

intended to exclude other candidates) are well recognized for their accomplishments; I can supply

phone numbers if you are interested:

Pat Higgins Prof. Tom Konen Bruce Martin

Jeff Featherstone Ron Brown Bill Maddaus

Other representatives from industry, plumbing codes and building regulatory officials could be

added. I would submit my own qualifications for you to consider to assist in those efforts.

I submit that qualifying laboratories under NVLAP Plumbing Accreditation, currently part of the

Commercial Products Program, for independent third-party accreditation is necessary to achieve

a uniformly applied strategy for the multiple and variable functions that now exist within the

plumbing regulatory system. I offer the following comments on listing of "approved plumbing

products" as a means of meeting requirements of the Public Law. Listing does not serve to bring

objective evaluation methods for testing to performance requirements under existing national

consensus standards that laboratory accreditation provides for assuring the reliability of test data.

- Listing under current procedures within plumbing products' evaluations from

"approved" laboratories perpetuates the current practices that are possibly not objective

and independent.

- Control within current practice has constrained introduction of new water and energy

conservation products and restricted acceptance of new plumbing fixtures.

- Listing has the potential effect of stifling innovation and improvements, and potentially

could be perceived as restraint in trade by limiting approval for introduction of new

products and innovation in the marketplace.

- Another shortcoming is that current practices for testing from national standards does

not have any objective uniformly applied criteria for evaluation of competence of testing

laboratories and therefore the reliability of test data in reports from testing laboratories.

Most testing under plumbing code laboratory selection and approval processes have not

necessarily stressed quality levels and may be remiss in assuring conformance to good

laboratory practices. Proficiency testing to assure capabilities of laboratories in testing

is not undertaken; the separate and independent (duplicative and competing) authorities

have other than measurement interests at the forefront.

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