### Department of Energy Washington, DC 20585 

### April 27, 2004



### PROPOSED FISCALYEAR 2005 

### PRIORITIES FORTHE

APPLIANCE STANDARDS RULEMAKING PROCESS

The Department ofEnergy (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 ofthe data sheets refer to spreadsheets that the Department has posted on-line. The priority levels will assist DOE in detennining the allocation ofavailable resources during the coming year. DOE plans to devote considerable resources to each high-priority rulemaking, including activities such as the preparation oftechnical feasibility and economic impact analyses, the conduct ofpublic meetings, and theissuance ofvarious 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 onJune 9, 2004. The workshop will beheld at the U.S. Department ofEnergy, Forrestal Building, Room lE-245, 1000 Independence Avenue, SW, Washington, DC 20585. The Department will finalize its priorities based upon its consideration ofcomments received during and following the workshop and also ofavailable funds. 

### Background

InMay2001, the National Energy PolicyDevelopment Group (NEPD Group) reported a National Energy Policy to the President. One ofthe recommendations called for the President to direct the Secretary ofEnergy totake steps to improve the energy efficiency ofappliances. The recommendation included supporting the existing Appliance Standards Program, setting higher standards where technologically feasible and economicallyjustified, 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 onthese matters andto arrive at a new prioritization ofits standard rulemaking activities. The FY2003PrioritySettingSummaryReportandActionsProposed, 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 ofthis effort.

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

• DOEbegan 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 oftestprocedures and then possibly standards. DOE considered this effort to be high priority (including test procedures); 

# @
Printed with soyink on recycled paper 

# I**~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 ofHeating, Refrigerating and Air-Conditioning Engineers, Inc. (ASHRAE) adoption ofupdates to ASHRAE/Illuminating Engineering Society ofNorth America (IESA) Standard 90.1;

• The priority level for the residential clothes washers test procedure changed from lowto 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 ofadditional 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 ofissuing 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 waterheaters. Test procedure development for distribution transformers and residential central air conditioners and heat pumps (including small duct hlgh velocity) is ongoing.

FY2005 Priorities

Forproducts 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 tothe recent decision ofthe U.S. Court of Appeals for the Second Circuit ruling that the Department had issued theMay 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 productsthat the Department is proposingto cover. Forpossible 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 bythe program. Similarly, reference information is provided for additional products that are notcurrently 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. TheDepartment has determined that it does not have the authority under current legislation to cover either large unitary air conditioners(:::: 240 k:Btu/hr) orresidential style commercial clothes washers.

DOEis committed to seeking stakeholder input in the priority-setting process, as described in the "Process Rule" (10 Code of FederalRegulationsPart 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 orupdated analyses on a number ofproducts. 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 electronicallyby July 9, 2004, to the following internet address: prioritysetting2005@ee.doe.gov. Ifelectronic submission is not possible, send your written comments to the U.S. Department ofEnergy, 1000 Independence Ave., SW, Washington, D.C. 20585-0121, Attn: Barbara Twigg, EE-2J.

The Regulatory Agenda published in the fall will reflect DOE'sfinal priorities. Ifyou have any questions, please contactBarbara Twigg at (202) 586-8714, fax: (202) 586-4617, e-mail: barbara.twigg@ee.doe.gov. Sincerely,

ProgramManager Building TechnologiesProgram Energy Efficiency and Renewable Energy

Attachments: Summary ofDraft FY2005 Priorities: Standards, Determinations, and Coverage Summary ofDraftFY2005 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

### SUMMARY OF DRAFT

## FY2005 PRIORITIES: STANDARDS, DETERMINATIONS,AND COVERAGE
HIGH PRIORITY PRODUCTS Standards Commercial Air-Cooled Central Air-Conditioners and Air-Source HeatPumps, 65-240 kBtu/hr Commercial Air-Cooled Central A/C & HeatPump, 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 WaterHeaters

Determination High IntensityDischarge Lamps Small ElectricMotors 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) MEDIUMPRIORITYPRODUCTS Standards Dishwashers

Standards ClothesDryers (Residential)

- (Gas IElectric) ClothesWashers (Residential) Combination Appliances Commercial Furnaces LowPRIORITYPRODUCTS

Commercial Water-Cooled A/C & Water-Source HeatPumps Commercial WaterHeaters Cooking Products

- Gas & Electric Ranges (Ovens and Cooktops) and Microwave Ovens DirectHeating Equipmentincluding Vented Hearth Products (Gas) ElectricMotors, 1-200 HP FluorescentLamp Ballasts Lamps, Fluorescent Lamps, Incandescent General Service Lamps, IncandescentReflector Plumbing Fixtures/Fittings Pool Heaters, Gas Refrigerators and Refrigerator-Freezers, Freezers, and CompactRefrigerators Residential CentralAir Conditioners and HeatPumps Residential WaterHeaters

- Gas, Oil & Electric RoomAirConditioners
PendingLegislation Battery chargers Iexternal power supplies Gas UnitHeaters IGas DuctFurnaces Illuminated ExitSigns Residential Furnace Fans Traffic SilUlal Modules NOT SPECIFIED

### SUMMARY

### OF DRAFT

## FY2005 PRIORITIES: TESTPROCEDURES
HIGHPRIORITY PRODUCTS BeverageMerchandisers and Beverage Vending Machines Ceiling Fans Commercial Air-Conditioners and Heat Pumps Commercial Furnaces Commercial Oil and Gas-Fired PackagedBoilers Commercial Reach-In Refrigerators,'Freezers, and Refrigerator-Freezers Commercial WaterHeaters Distribution Transformers Lamps, IncandescentReflector

- ER/BR shaped Residential Central Air Conditioners and HeatPumps Residential Central AirConditioners and HeatPumps (Small DuctHigh Velocity) Torchieres

MEDIUM PRIORITY PRODUCTS Compactrefrigerators and refrigerator/freezers Residential Central A/C & HP (Ductless)

LOW PRIORITY PRODUCTS Clothes Dryers (Residential)

- (Gas IElectric) Clothes Washers (Residential) Combination Appliances Cooking Products

- Gas & ElectricRanges (Ovens and Cooktops) andMicrowave Ovens Direct HeatingEquipment including VentedHearthProducts (Gas) Dishwashers Electric Motors, 1-200 HP FluorescentLamp Ballasts High Intensity Discharge Lamps Lamps, Fluorescent Lamps, Incandescent General Service Lamps, IncandescentReflector PlumbingFixtures/Fittings Pool Heaters, Gas Refrigerators, Refrigerator-Freezers, & Freezers Residential Furnaces andBoilers Residential WaterHeaters

- Gas, Oil & Electric Room AirConditioners Small ElectricMotors

Battery chargers Iexternal power supplies ResidentialFurnaceFans Traffic Signal Modules NOT SPECIFIED