2201 Dwyer Ave. ● Utica, NY 13501 ● Ph: 315-797-1310 ● Fax: 315-797-3762 ● E-Mail: info@ecrinternational.com ● Web: www.ecrinternational.com

March 26, 2013

U.S. Department of Energy Building Technologies Program

Test Procedure Waiver 1000 Independence Avenue, SW , Mailstop EE-2J Washington, DC 20585-0121

Dr. David Danielson Assistant Secretary for Cons ervation and Renewable Energy U.S. Department of Energy Forrestal Building 1000 Independence Avenue, SW Washington, DC 20585-0121

Re: Petition for Waiver and Application for Interi m Waiver, ECR International, Inc.: Multi-Zone Unitary Small Air Condit ioners and Heat Pumps

Dear Dr. Danielson:

ECR International, Inc. (“ECR”) respectfully submit s this petition for waiv er and application for interim waiver of the Departm ent of Energy (“Department”) te st procedures defined in 10 CFR 430, Subpart B, Appendix M, whic h incorporate by reference the following third party standards: AHRI 210/240-2008, AHRI 1230-2010, and ASHRAE 41.2, on the gr ounds that the prescribed test procedures yield results that are unrepresentativ e of actual energy consumption for ECR’s Enviromaster International (“EMI”) line of mu lti-zone unitary small air conditioners and heat

pumps.

Company Background

ECR, with headquarters in Utica, New York, is a full-service provider of American engineered and manufactured boilers, water heater s, hydronic and forced air products at its facilities in Utica and Dunkirk, NY. ECR and its predecessor com panies have been located in New York State since 1928 and employ a full-time workforce of ||||||| . As a full-service provider of American engineered-and-manufactured hy dronic and forced air products, ECR is recognized for its innovation, quality, performance and reliability, and is the only North American company to make and market all of these produc ts under one corporate roof. Our products are sold under multiple brands in addition to EMI, including Airc o, Argo, Dunkirk, Olsen, Pennco, RetroAire, and

Utica.

The Affected Products

The affected line of products—condensers serving the EMI brand of fixed speed multi-zone systems--subject to this petition and application are listed herein at Appendix A. The company’s unitary product line is AHRI-certified under bot h Unitary Small Air Conditioning (USAC) and2 Unitary Small Heat Pumps (USHP) programs. The multi-zone prod ucts use the same models of compressors, indoor air handlers, reversing valves , accumulators, line sets , thermostats, tubing diameters, expansion valves, and indoor air handlers as the single-zone fixed-speed 13 SEER systems manufactured by ECR. While the multi-z one outdoor coil is physica lly different than the single-zone outdoor coil, it is comparable in performance per zone to its single-zone capacity counterpart. As such, the system/c ircuit performance was expected to be near identical to the single-zone performance. This belief was confirm ed in ECR’s own psychrometric laboratory, i.e.

that the multi-zone circuit-to-circu it metrics were nearly identical to the single-zone metrics. This relationship between the two systems, however, is not borne out through AHRI certification tests, where tests have rated the product as low as ||| |||||||||||.

Overview

The test procedures currently being applied to the affected line of products are in fact inapplicable to those products, and therefor e unrepresentative of t he energy consumption characteristics of the products at issue, in the following ways: (1) t hey do not appropriately classify the applicable systems manufactured by E CR; (2) there is no author itative standard that can be accurately applied to ECR’s products; (3) as a result of these factors, the current testing procedures do not produce consistent, accurate and repeatable data. ECR herein provides an alternative testing procedure for the affected products.

1. The test procedures do not appropria tely classify the applicable systems manufactured by ECR.

ECR’s fixed speed multi-zone syst ems are comprised of multip le independent refrigeration circuits sharing a single outdoor fan and defrost l ogic. Each circuit has a single fixed speed compressor, a single air handler, a single control ci rcuit, with individual expansion, without any mixing of refrigerant between the zones. Each fully independent circuit can have different loading, cycle on and off independent of the other zones, as well as operate in different modes (heat/cool) simultaneously. The design is merely a collection of single-z one systems built into a common chassis to reduce the condenser footprint. As stated above, the multi-zone and singlezone systems manufactured by ECR util ize many of the same components.

The current certification testing does not measure the loading of each individual circuit of the system. Under current test procedures, a mu lti-zone system consisting of 4 equal capacity circuits with 4 identical air handlers is logically ex pected to evenly distribute the total capacity at 25% per zone. While this logic is valid for VRF- based multi-zone systems running all refrigerant through a single compressor, it is not applicable when evaluating multiple independent circuits. The test pr ocedures do not verify the indi vidual circuit performance, and instead only record the total. Th is results in an averaging of the individual circuits’ performance,

whereas a summation of the individual circuits w ould be more representativ e of the true system performance. Without each circui t having individual performance dat a collected, it is impossible to assess the true performance of the test series a fter the fact, due to the la ck of collected data. If the current test logic is not applicable to the simple 4 equal capacity circuit system, its use with the more complex unequal capacity circuitry system is even less so.

ECR proposes that a fixed sp eed multi-zone system have data collected and reduced for each individual circuit, then perform a summation of the indi vidual circuits to arri ve at the total system performance. This method woul d require the collection of t he data required to independently verify the system’s performanc e. The existing method of only recording the combined performance of the system doesn’t record the values needed to determine that all zones are operating within acceptabl e limits. The absence of the required detail data prevents any3 analysis regarding what wasn’t correct in either the set-up of the equipm ent or the operation of the equipment itself.

2. As a result of the differences between st andards authorities discussed below, there are no approved standard procedures that a pply to the product line of ECR at issue

.

ASHRAE 41.2, “Standard Methods for Laboratory Airflow Measurement”, does not address the measurement of multiple zero static airflow. Se ction 7.4 of same states that “each plenum shall have an adjustable restrictor (damper) locat ed in the plane where the plenums enter the common duct section for the purpose of equalizing t he static pressures in each plenum.” This ASHRAE requirement conflicts with the requirem ents in 10 CFR Part 430 Subpart B Appendix M § 3.5.2 which states, “Do not use air damper s when conducting cyclic tests on non-ducted

units.”

Furthermore, the diagrams in ASHRAE 41.2, at figur es 8A and 8B, do not consistently result in accurate static pressure values when applied to zero static equipment. The AHRI Ductless Equipment Section Engineering Co mmittee recently voted to allow multiple zero static air handlers to discharge into a large cubic plenum without any gradual trans itions, contradicting ASHRAE 41.2 figure 9, which shows a 15o conver ging transition and a 7o diverging transition.

3. As a result of the lack of classificatio n for ECR’s product and l ack of standardization in testing for that product, ECR is subject to arbitrary and inconsistent testing practices for its product line

.

There are many “best practice” procedures avai lable amongst the myriad of test laboratories, and these procedures have been implemented without input from ECR. Typically, these procedures are not published for peer review, and are inconsistent in the accuracy of results. The existing published procedures do not yiel d consistent, accurate, and repeatable data between different psychrom etric laboratories.

The primary error occurs when the laboratory trie s to analogize the perfo rmance within a duct to the performance of a free discharge zero static blower and a second air handler is combined into a common enthalpy tunnel. When attempting to join multiple air handlers into a common duct, each air handler has an influence on the other air handler’s performanc e. Ideally, each air

handler should have blower motor voltage, current, and angular velo city measured prior to the connection of a duct or transition piece. Upon c onnection of the duct, thos e same values should be attained as verification that the air moving dev ice is working in a similar manner with the duct

as it did without the duct. At that point, the location of the 0.0 inWC pressure tap can be located, starting at the ASH RAE 41.2 recommended standard (2*S QRT(A*B)). Different air

handlers will have different locations for the zero static pressure point due to the differing air velocities at the discharge grill of the air handler. It is only by matching the motor’s electrical current draw and revolutions per minute between the free air delivery and ducted delivery that equivalent performance can be verified. An iterat ive approach is required in order to achieve an accurate, balanced air flow measurement.

4. The following alternate procedures are proposed :

A. Air Flow Measurement4 1) With laboratory rooms at conditions for capacity tests, re frigeration circuits in operation, and free air operation (without ducts), meas ure and record the blower motor RPM, current, and power consumed by each indoor air handler running with a wet evaporator independently. 2) Connect the duct between a single air handler and enthalpy tunnel. Restart the entire system and adjust the air flow until the now ducted blower motor has same RPM and current draw as seen in step 1. The static pressure tap c an now be applied to that point on the duct that is actually operating at zero static via empirical methods. The point along the duct operating at zero static will vary proportionally with the discharge velocity

of the air handler. 3) Air flow should be measured only when the RPM and power of the blower while

connected to a duct matches that of the motor when running without a duct. This

ensures that the zero static air mover is acting equivalently to free discharge. The location of the pressure tap can be found for each air handler by locating the “0.0 inch water column” pressure along the duct, starti ng at the prescribed ASH RAE 41.2 distance of 2*SQRT(A*B) and then moving closer or fu rther away from the air handler until the 0.0 inch of water column point is located. Ea ch type and capacity air handler will be slightly

different due to the differences in discharge air velocity. 4) Tangential wheel blowers do not generate static pressure well. The more common centrifugal blower can generate static pressures within a duct to damp the variations in the discharged air flow, while the tangential wheel can only vary the speed of the discharged air in response to ambient paramet ers. Or stated another way, Bernoulli’s equation has both the gravitational and pressure terms equal to zero in a zero static environment, leaving only the velocity term with a non-zero value and a very sensitive flow system. Any changes in static pressure must come from a ch ange in air velocity,

there is no other me chanism available.

B. Establishment of ac tual system performance

1) Due to this condenser design being a collect ion of independent refrigeration circuits, the test methodology should evaluate individual syst ems and then sum the results of circuits to arrive at accurate performance metri cs, instead of averaging the results without knowing the performance of each individual circuit. 2) ECR’s proposed procedure would run a ll zones during the test, but measure the performance of each individual zone, one at a time . This method minimizes the errors of multiple combined zero static air handlers by ensuring that each circuit is operating properly prior to the collect ion of data and calculation of DOE metrics. The data recording and reduction shall not occur until t here is certainty that each independent zone is operating at its correct individual performance.

It should be noted that this product line has rece ived waivers from the Department of Energy in the past, specifically for Limited Range Mu lti-Zone Heat Pumps. Ho wever, these waivers were rescinded due to the published test proc edures becoming applicable to all unitary products. These waivers designated the condenser s as “limited range” heat pumps to allow for their inability to defrost discrete zones. Cont rols were modified so as to allow individual zones to call for a defrost cycle th ereby negating the need for a waiver.

Interim Waiver

ECR also requests that the Department prov ide immediate relief by grant of an interim waiver, for the following reasons:5 1. The petition for the wa iver is likely to be granted . The Department has, as discussed above, granted waivers for the mu lti-zone product line, albeit with a result towards test procedures being granted for unitary products wh ich cannot be easily analo gized to the multizone product of ECR. ECR’s pr ocess furthers the goal of the Energy Conservation Policy Act, 42 U.S.C. §6291 et seq ., to provide consumers with accura te information regarding the energy conservation attributes of the product.

2. Substantial economic harm and compet itive disadvantage will result absent a favorable determination on this application . ECR sells ||||||| multi-zone systems per year and has realized on average $|||||||||||||| in sales per year . However, it should be noted that multizone systems are usually a minor percentage of a larger order, used to solve limited condenser footprint challenges on site. T he resulting economic impact is t herefore closer to $||| ||||||||||| |||||| ||||||||, or nearly |||||||| of total sales, in overall lo st sales when an individual sale is contingent on multi-zone availability. Furthermore, sales of ECR’s remaining product lines will suffer without a multi-zone offering. As discussed above, ECR has a considerable history and economic impact in the communities in which it is located; Up state New York, and Central and Western New York in particular, have suffered from decades of decline in the manufacturing sector.

The specific sales information in this sect ion (2) should be exempt from mandatory public disclosure under the Freedom of Information Act, specifically 5 U.S.C.§552(b)(4). This information has not been made publicly available by ECR nor is it publicly available through alternative sources, and is typically proprietary to ECR and its competitors. Disclosure of this

information would result in a substantial advantage to ECR’s comp etitors and therefore

substantial harm to ECR’s competitive position.

Conclusion

ECR requests that the Department grant both the waiver and interim waiver from the existing testing procedures as defined in 10 CFR 43 0, Subpart B, Appendix M and the third-party standards incorporated by reference in that regulation, and that th e alternative testing procedures discussed above be adopt ed and approved as a represent ative test procedure for

ECR.

ECR would be pleased to discuss this waiver request with the Department and shall provide

additional information as needed to the Department.

ECR International shall file a statement with the Department certifying the names and address of each person to whom the notice of Petition fo r Waiver and Application for Interim Waiver has

been sent.

Very truly yours,

Ronald J. Passafaro

President and Chief Executive Officer ECR International, Inc.6 Of counsel:

Donald T. Ross Phillips Lytle LLP

30 South Pearl St reet, Suite P1 Albany, New York 12207

Phone: 518-472-1224

Fax: 518-472-1227 dross@phillipslytle.com7 APPENDIX A

The following condenser basic model numbers comp rise the scope of this Petition for Waiver and Application for Interim Waiver, where each of the individual circuits of a multi-zone

condenser can have one of three air handlers comb ined with it to obtain over 270 unique, complete systems. S2CG2200D, S2CG9200D, S2CG9900D, T2 CG2400D, T2CG4400D, T2CG8800D, T2CG9800D, T3CG2220D, T3CG2240D, T3 CG9920D, T3CG9980D, T3CG9990D, T4CG2222D, T4CG9922D, T4CG9992D, T4 CG9999D, S2HH2200D, S2HH9200D, S2HH9900D, T2HG2400D, T2HG4400D, T2HG8800D, T2HG9800D, T3HG2220D, T3HG2240D, T3HG9920D, T3HG9980D, T3 HG9990D, T4HG2222D, T4HG9922D, T4HG9992D, T4HG9999D