EE-PS-04-001 COMMENT 01.3

Department of Energy 

Washington, DC 20585 

April 27, 2004 

PROPOSED FISCAL YEAR 2005 PRIORITIES FOR THE 

APPLIANCE STANDARDS RULEMAKING PROCESS 

The Department of Energy (DOE) Building Technologies Program requests your comments on 

the proposed priorities addressed in the attached Fiscal Year (FY) 2005 Technical Support 

Document (Appendix A) and data sheets (Appendices Band C). Note that many of the data 

sheets refer to spreadsheets that the Department has posted on-line. The priority levels will assist 

DOE in detennining the allocation of available resources during the coming year. DOE plans to 

devote considerable resources to each high-priority rulemaking, including activities such as the 

preparation of technical feasibility and economic impact analyses, the conduct of public meetings, 

and the issuance of various rulemaking notices, as appropriate. The proposed priorities assume 

requested funds for FY 2005 for the Appliance Standards Program. The Department will be 

conducting a priority-setting public workshop on June 9, 2004. The workshop will be held at the 

U.S. Department of Energy, Forrestal Building, Room lE-245, 1000 Independence Avenue, SW, 

Washington, DC 20585. The Department will finalize its priorities based upon its consideration 

of comments received during and following the workshop and also of available funds. 

Background 

In May 2001, the National Energy Policy Development Group (NEPD Group) reported a 

National Energy Policy to the President. One of the recommendations called for the President to 

direct the Secretary of Energy to take steps to improve the energy efficiency of appliances. The 

recommendation included supporting the existing Appliance Standards Program, setting higher 

standards where technologically feasible and economically justified, and expanding the scope of 

the program to include additional consumer products and commercial and industrial equipment. 

DOE conducted two public meetings in the fall of2001 to get external comment on these matters 

and to arrive at a new prioritization of its standard rulemaking activities. The FY 2003 PrioritySetting Summary Report and Actions Proposed, dated August 22, 2002, (available on the internet 

at ht!P. ://www.eere.energy.gov/builgi~~lianc_~Jt@.9Mdfil"JmQrn.lt!mD describes the 

conclusions of this effort. 

The priorities for FY2004 remained the same as those for FY2003, except for the following: 

• DOE began the process for covering additional products ( torchieres, certain incandescent 

lamps - elliptical reflector/bulged reflector (ER/BR), ceiling fans, commercial reach-in 

refrigerators/freezers, and vending machines and beverage merchandisers) that would lead 

to the development oftest procedures and then possibly standards. DOE considered this 

effort to be high priority (including test procedures); 

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EE-PS-04-001 COMMENT 01.3

• The priority level for commercial central air conditioning and heat pumps (3 phase, < 65 

k:Btu/hr) changed from medium to high due to American Society of Heating, Refrigerating 

and Air-Conditioning Engineers, Inc. (ASHRAE) adoption of updates to 

ASHRAE/Illuminating Engineering Society of North America (IESA) Standard 90.1; 

• The priority level for the residential clothes washers test procedure changed from low to 

high due to test cloth issues; and · 

• Dishwasher test procedures moved to low priority since a final rule was published on 

August 29, 2003 (68 FR 51887). 

The Department is continuing to develop standards for three high-priority products: distribution 

transformers; residential furnaces and boilers; and some covered commercial heat and air 

conditioning products covered by ASHRAE/IESA Standard 90.1. DOE is also continuing work 

on coverage of additional products (torchieres, certain incandescent lamps - elliptical 

reflector/bulged reflector (ER/BR), ceiling fans, commercial reach-in refrigerators/freezers, and 

vending machines and beverage merchandisers). In addition, DOE is conducting determinations 

for high intensity discharge (HID) lamps and small electric motors. 

The Department addressed the clothes washer test cloth issues and published a final rule for the 

test procedure on October 31, 2003. The Department is in the process of issuing the following 

test procedures in final form: residential central air conditioning and heat pumps; commercial air 

conditioning and heat pumps; commercial furnaces; commercial oil and gas-fired packaged 

boilers; and commercial water heaters. Test procedure development for distribution transformers 

and residential central air conditioners and heat pumps (including small duct hlgh velocity) is 

ongoing. 

FY2005 Priorities 

For products that were considered in the FY2004 priority-setting process, the draft FY2005 

priorities are unchanged, with one exception: residential central air conditioners and heat pumps 

(small duct high velocity) have been lowered to a low priority for standards since they are covered 

by the January 22, 2001, final rule. This is in response to the recent decision of the U.S. Court of 

Appeals for the Second Circuit ruling that the Department had issued the May 23, 2002, final rule 

for a 12 Seasonal Energy Efficiency Rating (SEER) improperly. The Department reverted back 

to the original January 22, 2001, final rule requiring a 13 SEER, which includes small duct high 

velocity product. 

Draft legislation would add more "new covered" products, beyond the five products that the 

Department is proposing to cover. For possible future efforts in assigning priorities, the 

Department has prepared analysis and data sheets for these products addressed in draft legislation 

(See Appendix B). Appendix B contains the data sheets for existing covered products and those 

in the coverage process and/or subject to pending legislation. Appendix B also contains the data 

sheet for large unitary air conditioners(~ 240 k:Btu/hr), a product not previously evaluated by the 

program. Similarly, reference information is provided for additional products that are not 
EE-PS-04-001 COMMENT 01.3

currently included in the Appliance Standards Program (referred to as "non-covered" products). 

The Department evaluated the "non-covered" products in FY2003, and is re-issuing the FY2003 

data sheets without new analysis or significant changes (See Appendix C). Appendix C also 

contains the data sheets for residential style commercial clothes washers. The Department has 

determined that it does not have the authority under current legislation to cover either large 

unitary air conditioners(:::: 240 k:Btu/hr) or residential style commercial clothes washers. 

DOE is committed to seeking stakeholder input in the priority-setting process, as described in the 

"Process Rule" (10 Code of Federal Regulations Part 430 Subpart C, Appendix A). Accordingly, 

the Department is updating the information in the FY2005 priority-setting data sheets and 

conducting a priority-setting workshop. Additionally, as mentioned above, the Department has 

performed new or updated analyses on a number of products. These analyses are presented in the 

document entitled "FY2005 Technical Support Document." The Department seeks your 

comments on the proposed priorities, data sheets, and FY2005 Technical Support Document. 

Please submit comments electronically by July 9, 2004, to the following internet address: 

prioritysetting2005@ee.doe.gov. If electronic submission is not possible, send your written 

comments to the U.S. Department of Energy, 1000 Independence Ave., SW, Washington, D.C. 

20585-0121, Attn: Barbara Twigg, EE-2J. 

The Regulatory Agenda published in the fall will reflect DOE's final priorities. If you have any 

questions, please contact Barbara Twigg at (202) 586-8714, fax: (202) 586-4617, e-mail: 

barbara. twigg@ee.doe.gov. 

Sincerely, 

Program Manager 

Building Technologies Program 

Energy Efficiency and Renewable Energy 

Attachments: 

Summary of Draft FY2005 Priorities: Standards, Determinations, and Coverage 

Summary of Draft FY2005 Priorities: Test Procedures 

Appendix A: FY2005 Technical Support Document . . 

Appendix B: FY2005 Draft Priority-Setting Data Sheets for: 1) ~xisttng .covere~ . 

Products, and 2) Products in the Coverage Process and/or m Pending Legislation 

Appendix C: FY2005 Draft Priority-Setting Data Sheets for "Non-Covered" Products 
EE-PS-04-001 COMMENT 01.3

SUMMARY OF DRAFT FY2005 PRIORITIES: 

STANDARDS, DETERMINATIONS, AND COVERAGE 

HIGH PRIORITY PRODUCTS 

Standards 

Commercial Air-Cooled Central Air-Conditioners and Air-Source Heat Pumps, 65-240 kBtu/hr 

Commercial Air-Cooled Central A/C & Heat Pump, 3 phase <65 kBtu/hr 

Commercial Oil and Gas-Fired Packaged Boilers 

Distribution Transformers 

Packaged Terminal A/C & Heat Pumps 

Residential Furnaces and Boilers 

Single-Packaged Vertical Units (SPVU) 

Tankless Gas-Fired Instantaneous Water Heaters 

Determination 

High Intensity Discharge Lamps 

Small Electric Motors 

Coverage 

Beverage Merchandisers and Beverage Vending Mschines (also addressed in pending legislation) 

Ceiling Fans (also addressed in pending legislation) 

Commercial Reach-In Refrigerators, Freezers, and Refrigerator-Freezers (also addressed in pending legislation) 

Lamps, Incandescent Reflector - ER/BR shaped 

Torchieres (also addressed in nendin12 le12islation) 

MEDIUM PRIORITY PRODUCTS 

Standards 

Dishwashers 

Standards 

Clothes Dryers (Residential) - (Gas I Electric) 

Clothes Washers (Residential) 

Combination Appliances 

Commercial Furnaces 

Low PRIORITY PRODUCTS 

Commercial Water-Cooled A/C & Water-Source Heat Pumps 

Commercial Water Heaters 

Cooking Products - Gas & Electric Ranges (Ovens and Cooktops) and Microwave Ovens 

Direct Heating Equipment including Vented Hearth Products (Gas) 

Electric Motors, 1-200 HP 

Fluorescent Lamp Ballasts 

Lamps, Fluorescent 

Lamps, Incandescent General Service 

Lamps, Incandescent Reflector 

Plumbing Fixtures/Fittings 

Pool Heaters, Gas 

Refrigerators and Refrigerator-Freezers, Freezers, and Compact Refrigerators 

Residential Central Air Conditioners and Heat Pumps 

Residential Water Heaters - Gas, Oil & Electric 

Room Air Conditioners 

Pending Legislation 

Battery chargers I external power supplies 

Gas Unit Heaters I Gas Duct Furnaces 

Illuminated Exit Signs 

Residential Furnace Fans 

Traffic SilUlal Modules 

NOT SPECIFIED 
EE-PS-04-001 COMMENT 01.3

SUMMARY OF DRAFT FY2005 PRIORITIES: 

TEST PROCEDURES 

HIGH PRIORITY PRODUCTS 

Beverage Merchandisers and Beverage Vending Machines 

Ceiling Fans 

Commercial Air-Conditioners and Heat Pumps 

Commercial Furnaces 

Commercial Oil and Gas-Fired Packaged Boilers 

Commercial Reach-In Refrigerators,' Freezers, and Refrigerator-Freezers 

Commercial Water Heaters 

Distribution Transformers 

Lamps, Incandescent Reflector - ER/BR shaped 

Residential Central Air Conditioners and Heat Pumps 

Residential Central Air Conditioners and Heat Pumps (Small Duct High Velocity) 

Torchieres 

MEDIUM PRIORITY PRODUCTS 

Compact refrigerators and refrigerator/freezers 

Residential Central A/C & HP (Ductless) 

LOW PRIORITY PRODUCTS 

Clothes Dryers (Residential) - (Gas I Electric) 

Clothes Washers (Residential) 

Combination Appliances 

Cooking Products - Gas & Electric Ranges (Ovens and Cooktops) and Microwave Ovens 

Direct Heating Equipment including Vented Hearth Products (Gas) 

Dishwashers 

Electric Motors, 1-200 HP 

Fluorescent Lamp Ballasts 

High Intensity Discharge Lamps 

Lamps, Fluorescent 

Lamps, Incandescent General Service 

Lamps, Incandescent Reflector 

Plumbing Fixtures/Fittings 

Pool Heaters, Gas 

Refrigerators, Refrigerator-Freezers, & Freezers 

Residential Furnaces and Boilers 

Residential Water Heaters - Gas, Oil & Electric 

Room Air Conditioners 

Small Electric Motors 

Battery chargers I external power supplies 

Residential Furnace Fans 

Traffic Signal Modules 

NOT SPECIFIED