C-TP-77-002 COMMENT 04

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, 

THURSDAY, OCTOBER 19, 1978 

PART VII 

D PARTMENT OF 

ENERG'I' 

ENERGY CONSERVATIOt'~ 

PROGRAM FOR 

CONSUMER PRODUCTS 

. Test Procedures for Wafer Heaters 
 C-TP-77-002 COMMENT 04

• 

48986 

(3128-01-M] 

Title 10-Energy 

CHAPTER II-FEDERAi. ENERGY 

ADMINISTRATION 1 

PART 430-ENERGY CONSERVATION 

PROGRAM FOR CONSUMER PRODUCTS 

Ted Procedure& for Water Heaters 

AGENCY: Department of Energy. 

ACTION: Fmal rule. 

SUMMARY: The Department of 

Energy -hereby amends Its test procedures for water heaters a.s they relate 

to determining the energy factor for 

water heaters. These test procedures are a part of the consumer product 

enPrgy efficiency program established 

pursuant to the Energy Policy and 

Conservation Act, which requires that 

standard methods of testtng be prescribed for covered consumer products. 

EFFECTIVE DATE: November 20, 

1978. 

FOR FURTHER INFORMATION 

CONTACT: 

James A. Smith, Office of Conservation and Solar Applications, Room 

2248, 20 Massachusetts Avenue NW., 

Washington. D.C. 20545, 202-376-

4815. 

Jim Merna. Media Relations. Federal Building, Room 3104, 12th and 

Pennsylvania Avenue NW., Washington. D.C. 2046.1, 202-566-9833. 

William J. Dennison, Office of the 

General Counsel, Federal Building, 

Room 7148. 12th and Pennsylvania 

Avenue NW., Washington. D.C. 

20461. 202-566-9750. 

SUPPLEMENT ARY INFORMATION: 

A. BACKGROUND 

On October 1, 1977, the Department 

of Energy <DOE> assumed the authority of the Fedrral Energy Administration <FEA> for the energy conserva- tion program for consumer products, 

pursuant to section 301 of the Department of Energy Organization Act 

<DOE Act> <Pub. L. 95-91). The energy 

conservation program for consumer 

products was established by FEA pursuant to title III, part B of the Energy 

Policy and Conservation Act <Act) 

CPub. L. 94-163>. Sect-ion 323 <42 U.S.C. 

6293 > of the Act requires that standard methods of testing be prescribed 

for covered consumer products, 

' 'EDITOIUAL NOTJ:.-It is contemplated that 

ch. II will be renamed at a future date to re- flect the fact that it contains regulations ad· 

ministered by the Department of Energy, 

lncludm(i: re1n1latlons &dmlnlstered by the 

Office of Conservation and Solar Applications. 

·1u1.H AND IHGUl..A TIONS 

PEA proposed test procedures for 

water heaters by notice issued April 

l'U, 1977 <42 FR 21576, Apr. 27, 1977), 

and a public hearing on the propo.sed 

test procedures was held on June 13. 

1977. Final test procedures for water 

heaters were prescribed by FEA on 

September 27, 1977 C42 FR1 54110, Oct. 

"· 1977). 

A subsequent revlrw of the final test 

procedures for water heaters revealed 

an error in the derivation of the 

energy factor. The energy factor is in· 

tended to be a measure of efficiency 

equal to the ratio of the useful output 

o! a water heater to the energy input 

of the water he:i.ter. I.e., the total 

energy consumed to provide the useful 

output. The useful output of a water 

heater is the energy conter.t of the 

water actually delivered by the water 

heater on a daily basis. The energy 

input to a water heater is 'the total 

energy consumed by the water heater 

on a daily basis. In the promulgated 

test procedures. the useful output of a 

water beater <the numerator of the 

energy factor ratio) was erroneously 

expressed as a water heater's "daily 

water heattng energy consumption." 

This term. which is correctly utilized 

in other parts of the test procedures. 

tncludes both the energy content of 

the water actually delivered by the 

water heater on a daily basis <the 

useful output) and any additional 

energy which is dissipated as a result 

of any tnefficlency in the heat transfer process, and which does not contribute to the useful output. The 

result was that the water heater effi. 

ciency was overstated since part of the 

tenn in the numerator of the energy 

factor was not attributable to useful . output. 

Today's amendment specifies that 

the useful output <the numerator of 

the energy factor> shall be the "dally 

hot water energy consumption," a 

term defined by new section 4.6 of ap.. 

pendlx E to include only thf' energy 

content of the water actually delivered 

by the water heater on a dally basis. 

By notice issued March 27. 1978 <43 

FR 13888, Apr. 3, 1978>. DOE proposed 

to amend § 430.22<e>C2) and appendix 

E to subpart B of part 430. Thf' intent 

of the proposed amendments was to 

specify the proper method of determintng the energy factor for water 

heaters. Pending a resolution of this 

matter, DOE suspended the provisions 

of the final water heater test proce· 

dures dealing with the determination 

of the energy factor, by notice issued 

March 29, 1978 <FR 13865, Apr. 3, 

1978>. A public hearing on the propcsed ILlllen~nt was scheduled for 

May 16, 1978, but no requests for the 

presentation of oral statements were 

received. 

B. D1scufisxo11 ov Coinu::rrrs 

One written comment was received 

from an englneertng consulttng firm. 

which contended that despite the proposed changes, the DOE test proct"· 

dures would still substantially O\'f·rlrtate the energy consumption of '11.·ater 

heaters. In support of thL<; contention. 

the commenter referred to data prr\·iously submitted to DOE Th;s issu1 

was reviewed at the timf' th<' net ic(· 

prescribing final test procpd11rcs for 

water heaters <42 FR 54110. Oct. 4. 

1977) was promulgated 

Based on availablf' dn.ta. FEA d<:tt·rmined that the test proceaure.s did not 

overstate the energy cons:im:1' !on of 

water heaters. In · connPctJon with 

today's amendment. DOE ha..> ag:11n 

reviewed this Ls.sue :rnd finds no basio, 

for changing the original FEA determinatwn. 

C. REGVLATlCJNS PRJ::SCRIBED 

The effect of today's rulemakin1?' is 

to amend the test procedure<; 1or 

water heaters by substituting in HI 

CFR 430.22 a new paragraph <cH2l for 

determination of the energy factor 1o:-

water hea<.ers and by adding to appendix E a new section 4.6 for calculation 

of the daily hot water energy consumption of water h<?aters. 

DOE's suspension of 10 CFR 

430.22<e>C2) <43 FR 13865, Apr. 3. 

1978), terminates when today·s amendments become effectin·. 

As part of today's rulemaking DOI: 

is also changing the name of 10 CFI-. 

Part 430 to "Energy Conservation Pr<·· 

gram for Consumer Products:· DO• 

believes that this change 'lrJIJ elim1· 

nate any possible confusion rpg-~rdm,· 

the conteuts of 10 CFR Part 42 . 

In accordance with the propo~Pci 

DOE plan for implementing Execut1\' 

Order 12044. "Improving Gm·ernmc:i; 

Regulations." DOE has dHermirn· .. 

that this final rule to amend the tf>~t 

procedures for water heaters is not a significant regulation. 

In consideration of the fore1?01n: 

part 430 of chapter II of Title 10. Cod, 

t>f Federal Regulations. is amended a" 

set forth below, effecth·e Nm·emb .. :· 

20, 1978. 

Issued in Washington. D.C.. Oct ob• r 

13. 1978. 

WILLIAM P. D11ns. 

Dcputv Director 

of Administratio11 

1. Section 430.22 is a.mended by r•·· vistng paragraph <e ><2> to read ru; ru: 

lows: 

<e> • • • <2> The energy factor for water heat 

en shall be-

<1> For a gas or oil water heater. tlw 

Quotient of the dally hot water encr~y 

consumption determinPd according tv 

section 4.6 of apppndix E of this sut.i 

FEDERAL IEOISTH, VOL 43, NO. 203-THUltSDAY, OCTOllElt 19, 1978 
 C-TP-77-002 COMMENT 04

. •ua.n AND REGULATIONS 

• R!lrt divided by the average dally 

energy consumption u determined ac- cording to section 4.5.3 or appendix E 

or this subpart.. the resulting quotient 

then being rounded orr to the nearest 

0.01: and 

Ut> For an electric water heater. the 

quotient of the dally hot water energy 

consumption determined according to 

section 4.6 or appendix E or this sub· 

part divided by the product of the 

a\'erage daily energy consumption as determined according to section 4.5.4 

of appendix E of this subpart times 

3,412 Btu per k!lowatt·hour. the re· 

sultmg quotient then being rounded 

off to the nearest 0.01. 

2. Appendix E to subpart B of part 

430 is am<>nd<>d by adding a new section 4.6, to n·ad as follows: 

4.6 Dailv hot water enervv consumption. 

Calculate the dally hol water energy conrnmpllon. C, the energy content of th!' 

nominal daily hot water usage, expressed in 

Btu per day d11d dPfmed a.s: 

C=kx Uxll.T., 

\'\'here: 

k is as defmed m spction 4.1.l: and 

AT. and 1 are a.s delmed in section 4.3. 

3. The name of part 430 is chang<>d 

to "Energy Conservation Program For 

Consumer Products," as set forth 

above. 

lFR Doc. 78-29535 Filed 10-18-78; 8:45 am) 

FEDEl!Al ltEGISTER, VOL. 43, NO. 203-THURS.OAY, OCTOBER 19, 1978 

48987