48838 Federal Register / Vol. 65, No. 154 / Wednesday, August 9, 2000 / Proposed Rules

TABLE 2.—MINIMUM HEATING EFFICIENCY LEVELS—Continued

Product Category Cooling capacity Subcategory Efficiency Level 2

Large Commercial

Packaged Air Conditioning and Heating Equipment.

Air Cooled .................. 135,000 Btu/h and

≥240,000 Btu/h.

Split System and Single Package.COP = 2.9

Packaged Terminal

Heat Pumps.

All ............................... All ............................... All ............................... COP = 1.3+(0.16 × the applicable minimum

cooling EER prescribed in Table 1—Minimum Cooling Efficiency Levels)

2All COP values must be rated at 47°F outdoor dry-bulb temperature for air-cooled products and evaporatively-cooled products and at 70°F

entering water temperature for water-source products.

[FR Doc. 00–19723 Filed 8–8–00; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Office of Energy Efficiency and

Renewable Energy

10 CFR Part 431

[Docket No. EE–RM/TP–99–470]

RIN 1904–AB02

Energy Efficiency Program for Certain

Commercial and Industrial Equipment:

Test Procedures and Efficiency

Standards for Commercial Packaged

Boilers

AGENCY: Office of Energy Efficiency and

Renewable Energy, Department of

Energy.

ACTION: Notice of proposed rulemaking

and public hearing.

SUMMARY: The Energy Policy and

Conservation Act, as amended (EPCA),

establishes energy efficiency standards

and test procedures for certain

commercial products, including

commercial packaged boilers. In today’s

proposed rule, the Department of Energy

(we, DOE, or the Department) proposes

regulations to implement the standards

and test procedures for these boilers.

DATES: The Department will accept

comments, data, and information

regarding the proposed rule until

October 23, 2000. Please submit ten (10)

copies. In addition, we request that you

provide an electronic copy (31⁄2′′

diskette) of the comments in

WordPerfectTM 8.

We will hold a public hearing

(workshop) on September 20, 2000, in

Washington, DC. Please send requests to

speak at the workshop so that we

receive them by 4 p.m., September 6,

2000. Send ten (10) copies of your

statements for the public workshop so

that we receive them by 4 p.m.,

September 13, 2000. We also request a

computer diskette (WordPerfectTM 8) of

each statement.

ADDRESSES: Please submit written

comments, oral statements, and requests

to speak at the workshop to Brenda

Edwards-Jones, U.S. Department of

Energy, Office of Energy Efficiency and

Renewable Energy, EE–41, Docket No.

EE–RM/TP–99–470, 1000 Independence

Avenue, SW., Washington, DC 20585.

You may send email to:

brenda.edwards-jones@ee.doe.gov.

SUPPLEMENTARY INFORMATION: The

workshop will begin at 9 a.m., on

September 20, 2000, in Room 1E–245 at

the U.S. Department of Energy, Forrestal

Building, 1000 Independence Avenue,

SW., Washington, DC. You can find

more information concerning public

participation in this rulemaking

proceeding in section IV, ‘‘Public

Comment,’’ of this notice of proposed

rulemaking.

You can read the transcript of the

public workshop and public comments

received in the Freedom of Information

Reading Room (Room No. 1E–190) at the

U.S. Department of Energy, Forrestal

Building, 1000 Independence Avenue,

SW., Washington, DC 20585, between

the hours of 9:00 a.m. and 4:00 p.m.,

Monday through Friday, except Federal

holidays.

You can obtain the latest information

regarding the public workshop from the

Office of Building Research and

Standards world wide web site at the

following address: http://

www.eren.doe.gov/buildings/

codes standards/index.htm

FOR FURTHER INFORMATION CONTACT:

Cyrus H. Nasseri, U.S. Department of

Energy, Office of Energy Efficiency and

Renewable Energy, Mail Station, EE–41,

1000 Independence Avenue, SW.,

Washington, DC 20585, (202) 586–9138,

FAX (202) 586–4617, e-mail:

Cyrus.Nasseri@ee.doe.gov, or Edward

Levy, Esq, U.S. Department of Energy,

Office of General Counsel, Mail Station,

GC–72, 1000 Independence Avenue,

SW., Washington, DC 20585, (202) 586–

9507, e-mail: Edward.Levy@hq.doe.gov.

SUPPLEMENTARY INFORMATION: The

proposed rule incorporates, by

reference, the test procedures contained

in industry standards referenced by the

American Society of Heating,

Refrigerating, and Air-Conditioning

Engineers, Inc. (ASHRAE) Standard 90.1

for commercial packaged boilers. Those

industry standards are: American

National Standards Institute (ANSI)

Standard Z21.13a–1993, ‘‘Gas-Fired

Low Pressure Steam and Hot Water

Boilers;’’ The Hydronics Institute (HI)

Standard ‘‘Testing and Rating Standard

for Heating Boilers,’’ 6th Edition, 1989;

and American Society of Mechanical

Engineers (ASME) PTC 4.1–1964/RA–

1991, ‘‘Power Test Codes for Steam

Generating Units.’’ The proposed rule

would also incorporate by reference,

ASHRAE Standard 103–1993, ‘‘Method

of Testing for Annual Fuel Utilization

Efficiency of Residential Central

Furnaces and Boilers,’’ for its test

procedure with respect to condensing

boilers.

You can view copies of these

standards at the Department of Energy’s

Freedom of Information Reading Room

at the address stated above. You can

also obtain copies of the ASHRAE,

ANSI, HI, and ASME Standards from

the American Society of Heating,

Refrigerating, and Air-Conditioning

Engineers, Inc., 1971 Tullie Circle, NE,

Atlanta, GA 30329, Internet URL: http:/

/www.ashrae.org/book/bookshop.htm;

Global Engineering Documents, 15

Inverness Way East, Englewood, CO

80112 or Internet URL: http://

webstore.ansi.org/ansidocstore/; the

Hydronics Institute Inc., 35 Russo Place,

Berkeley Heights, NJ 07922, Internet

URL: http://www.gamanet.org/publist/

hydroordr.htm; and the American

Society of Mechanical Engineers, 345

East 47th Street, New York, NY 10017,

Internet URL: http://www.asmeny.org/

catalog, respectively.

I. Introduction

A. Authority

B. Background

1. General

2. Issues Concerning Packaged Boilers

C. The Proposed Rule

Federal Register / Vol. 65, No. 154 / Wednesday, August 9, 2000 / Proposed Rules 48839

II. Discussion

A. General

B. Commercial Packaged Boiler Definition

and Scope of Coverage

1. Definitions

2. Method of Shipment and Assembly

3. Application

4. Capacity

5. Operating Characteristics

C. Commercial Packaged Boiler Test

Procedures for the Measurement of

Energy Efficiency

1. Test Procedure and Test Conditions for

Low Pressure Steam and Hot water

Boilers

2. Testing for High Pressure Steam and

High Temperature Water Boilers

3. Provisions for Low Water Temperature

Applications

4. Provisions for Condensing Boilers

5. Modular Boilers and Multiple Boilers

6. Testing and Rating a Steam and Hot

Water Boiler

III. Procedural Requirements

A. Review Under the National Environmental

Policy Act of 1969

B. Review Under Executive Order 12866,

‘‘Regulatory Planning and Review’’

C. Review Under the Regulatory Flexibility

Act

D. Review Under Executive Order 13132,

‘‘Federalism’’

E. Review Under Executive Order 12630,

‘‘Governmental Actions and Interference

with Constitutionally Protected Property

Rights’’

F. Review Under the Paperwork Reduction

Act

G. Review Under Executive Order 12988,

‘‘Civil Justice Reform’’

H. Review Under Section 32 of the Federal

Energy Administration Act of 1974

I. Review Under Unfunded Mandates Reform

Act of 1995

J. Review Under the Plain Language

Directives

K. Review Under the Treasury and General

Government Appropriations Act, 1999

IV. Public Comment

A. Written Comment Procedures

B. Public Workshop

1. Procedures for submitting requests to

speak

2. Conduct of workshop

C. Issues on which Comments are Requested

I. Introduction

A. Authority

Part B of Title III of the Energy Policy

and Conservation Act (EPCA) of 1975,

Pub. L. 94–163, as amended, by the

National Energy Conservation Policy

Act of 1978 (NECPA), Pub. L. 95–619,

the National Appliance Energy

Conservation Act of 1987 (NAECA),

Pub. L. 100–12, the National Appliance

Energy Conservation Amendments of

1988 (NAECA 1988), Pub. L. 100–357,

and the Energy Policy Act of 1992

(EPACT), Pub. L. 102–486, established

the ‘‘Energy Conservation Program for

Consumer Products other than

Automobiles.’’ Part 3 of Title IV of

NECPA amended EPCA to add ‘‘Energy

Efficiency of Industrial Equipment,’’

which included air conditioning

equipment, boilers, and other types of

commercial products.

EPACT also amended EPCA with

respect to certain commercial products.

It provided definitions, test procedures,

labeling provisions, energy conservation

standards, and authority to require

information and reports from

manufacturers. See 42 U.S.C. 6311–

6316. EPCA authorizes the Secretary of

Energy to prescribe test procedures that

are reasonably designed to produce

results which reflect energy efficiency,

energy use and estimated operating

costs, and that are not unduly

burdensome to conduct. 42 U.S.C. 6314.

With respect to some commercial

products for which EPCA prescribes

energy conservation standards,

including commercial packaged boilers,

‘‘the test procedures shall be those

generally accepted industry testing

procedures or rating procedures

developed or recognized by the

American Society of Heating,

Refrigerating and Air Conditioning

Engineers, as referenced in ASHRAE/

IES Standard 90.1 and in effect on June

30, 1992.’’ 42 U.S.C. 6314(a)(4)(A).

Further, if such an industry testing or

rating procedure gets amended, DOE

must revise its test procedure to be

consistent with the amendment, unless

the Secretary determines, based on clear

and convincing evidence, that to do so

would not meet certain general

requirements spelled out in the statute

for test procedures. 42 U.S.C.

6314(a)(4)(B).

Before prescribing any test procedures

for commercial products, the Secretary

must publish them in the Federal

Register and afford interested persons at

least 45 days to present data, views and

arguments. 42 U.S.C. 6314(b). Effective

360 days after a test procedure rule

applicable to a covered commercial

product, such as a commercial packaged

boiler, is prescribed, no manufacturer,

distributor, retailer or private labeler

may make any representation in writing

or in broadcast advertisement respecting

the energy consumption or cost of

energy consumed by such product,

unless it has been tested in accordance

with the prescribed procedure and such

representation fairly discloses the

results of the testing. 42 U.S.C. 6314(d).

Finally, EPACT extends certain

powers, originally granted to the

Secretary under NAECA, to require

manufacturers of products covered by

this proposed rule to submit

information and reports for a variety of

purposes, including insuring

compliance with requirements. See 42

U.S.C. 6316(a).

B. Background

1. General

The Department of Energy has an

energy conservation program for

consumer products, and a few

commercial products, conducted under

Part B of Title III of EPCA, 42 U.S.C.

6291–6309. Under EPCA, this program

essentially consists of four parts: test

procedures, Federal energy conservation

standards, labeling, and certification

and enforcement procedures. The

Federal Trade Commission (FTC) is

responsible for labeling, and we

implement the remainder of the

program as codified in Title 10 of the

Code of Federal Regulations, Part 430—

Energy Conservation Program for

Consumer Products.

Since 10 CFR Part 430 covers

primarily consumer products, which

differ from commercial and industrial

products, we created a new Part 431 (10

CFR Part 431) in the Code of Federal

Regulations, entitled ‘‘Energy

Conservation Program for Certain

Commercial and Industrial Equipment,’’

to implement DOE’s program for the

commercial and industrial products

covered under EPCA. These will

include commercial heating, air

conditioning and water heating

products. This new program will consist

of: test procedures, Federal energy

conservation standards, labeling, and

certification and enforcement

procedures. EPCA directs DOE, rather

than the FTC, to administer the statute’s

efficiency labeling provisions for

commercial products.

On April 14 and 15, 1998, we

convened a public workshop to solicit

views and information from interested

parties that would aid in the

development of rules for commercial

heating, air conditioning and water

heating products. We requested

comments on a number of specific

issues, including issues related to test

procedures for commercial products, as

well as the most cost effective and

reliable regimes for sampling,

certification and enforcement.

Statements during the public workshop

and written comments that were

received afterwards helped refine the

issues involved in this rulemaking and

provided useful information

contributing to their resolution. We

convened a second public workshop on

October 18, 1998, to obtain comments

on the issues as they had been refined,

and on approaches presented by the

48840 Federal Register / Vol. 65, No. 154 / Wednesday, August 9, 2000 / Proposed Rules

National Institute of Standards and

Technology (NIST) for resolving them.

2. Issues Concerning Packaged Boilers

During the April 1998 workshop, we

sought comments on the following

issues regarding test procedures for

commercial packaged boilers:

(1) Definitions of the term ‘‘packaged

boiler’’ in the ASHRAE Standard 90.1-

referenced test standards do not

precisely coincide with those in EPCA.

Should we clarify the EPCA definition

by rule?

(2) In establishing the energy

conservation standard levels for

commercial packaged boilers, EPCA

specified a lower capacity limit of

300,000 Btu per hour below which the

standard levels do not apply. EPCA

sections 342(a)(4)(C) and (D), 42 U.S.C.

6313(a)(4)(C) and (D). There is no upper

capacity limit specified in EPCA for

these products. Accordingly, the

proposed DOE test procedures are

designed expressly for commercial

packaged boilers whose rated capacities

are 300,000 Btu per hour or more.

However, certain packaged boilers do

exist whose capacities range in tens or

even hundreds of millions of Btu per

hour, and which are difficult to test

under controlled laboratory conditions.

Should we explicitly specify a capacity

upper limit for the covered packaged

boilers in the proposed test procedures?

(3) In extending EPCA to cover

packaged boilers, along with other

commercial HVAC and hot water

heating products, EPACT articulated no

limits on the applications for which the

covered packaged boilers would be used

(e.g., space heating/conditioning of

commercial buildings). Should we

interpret EPCA as covering only the

types of commercial packaged boilers

used in heating buildings, or should the

test procedure also apply to boilers used

exclusively in other applications (e.g.,

industrial process heating or power

generation)?

(4) The industry test procedures

referenced in ASHRAE Standard 90.1–

1989 (and specified in EPCA), that form

the basis for a DOE test procedure for

packaged boilers, do not contain

methods for determining jacket losses.

An exception is the test procedure

ASME PTC 4.1, ‘‘Power Test Codes for

Steam Generating Units,’’ which

provides a graph correlation for jacket

loss, as well as a detailed test method.

Should the DOE test procedure include

a jacket loss test method which can be

used to determine, for example, the

efficiency of a boiler installed outdoors?

(5) EPCA specifies industry test

procedures referenced in ASHRAE

Standard 90.1–1989 for measuring the

energy efficiency of packaged boilers.

There are four test standards for gasfired boilers and three for oil-fired

boilers. The test conditions and

procedures in those test standards are

not identical. Use of different test

conditions for a given boiler could

produce different efficiency values. Is

there a need to prescribe a set of

uniform test conditions selected from

among those referenced test procedures

for a DOE test procedure?

(6) Should the DOE test procedure

contain separate provisions for

condensing boilers, modulating boilers,

modular boilers, as well as for hot water

boilers designed for low temperature

applications?

(7) If a boiler is designed for both hot

water and steam applications, should

we specify a steam test and allow a

water test as an optional procedure?

Attendees at the April 1998 workshop

provided comments on these issues. In

addition, the California Energy

Commission (CEC) provided additional

written comments afterwards. These

comments helped to further clarify the

issues. Section II, Discussion, will cover

them in more detail.

After the April 1998 workshop, we

worked towards addressing the

identified issues for commercial

packaged boilers. A set of

recommendations resulted from that

work, and NIST developed a summary

report of the recommendations. The

summary report formed the basis for

discussions during the October

workshop, which enabled us to elicit

further views and information from

interested parties. The summary report

included draft rule language for

commercial packaged boilers. We

received additional comments, and the

participants raised certain additional

issues at the second workshop.

The following additional major issues,

raised at that time, are numbered by

using the same numbering scheme as

the prior issues:

(8) EPCA defines a packaged boiler as

‘‘a boiler that is shipped complete with

heating equipment, mechanical draft

equipment, and automatic controls;

usually shipped in one or more

sections.’’ For the majority of sectional

cast iron boilers, a distributor, and not

the boiler manufacturer, physically

ships out sections of the boiler to the

purchaser. Sometimes, a burner

manufacturer may ship the burners

directly to the purchaser from the

factory, or alternately, an installer can

supply them at the installation site. Are

such boilers covered products under

EPCA, and if so, who is responsible for

ensuring their compliance with EPCA

requirements?

(9) Are high pressure boilers covered

products? Here, the term ‘‘high pressure

boilers’’ applies to boilers classified by

ASME Boiler and Pressure Vessel Code,

Section I, Power Boilers, which are

designed to operate at steam pressures

above 15 psig, or at hot water

temperatures above 250°F.

(10) For low pressure hot water

boilers, should we specify inlet and

outlet temperatures as per uniform test

conditions recommended by NIST?

These include an inlet water

temperature of 80°F ±10°F and an outlet

water temperature of 180°F ±2°F, for

both gas-fired and oil-fired boilers.

C. The Proposed Rule

Today’s proposed rule incorporates

(1) energy efficiency test procedures for

commercial packaged boilers, (2)

definitions that clarify EPCA’s coverage

of this product, and (3) energy

conservation standards prescribed by

EPCA. In preparing these proposals, we

have considered both oral and written

comments, and have incorporated

recommendations where appropriate.

Section II contains the reasons for

incorporating or not incorporating any

significant recommendations.

II. Discussion

A. General

This section discusses the issues

identified for commercial packaged

boilers. Subsection (B) addresses

‘‘Commercial Packaged Boiler Definition

and Scope of Coverage,’’ and subsection

(C) addresses ‘‘Commercial Packaged

Boiler Test Procedures for the

Measurement of Energy Efficiency’’.

B. Commercial Packaged Boiler

Definition and Scope of Coverage

1. Definitions

EPCA defines a packaged boiler as ‘‘a

boiler that is shipped complete with

heating equipment, mechanical draft

equipment, and automatic controls;

usually shipped in one or more

sections.’’ EPCA, Sec. 340(a)(11)(B).

ASHRAE Standard 90.1–1989, section

10, entitled ‘‘Heating, Ventilating, and

Air-Conditioning (HVAC) Equipment’’

(which appears to be the relevant source

referenced by Section 343(a)(4) of EPCA,

concerning test procedures), refers to

five test standards for commercial

heating boilers. Of these five, four

include an explicit definition for one or

more types of a packaged boiler. The

definitions in three of the four

referenced standards are essentially

similar with respect to the heating

equipment and controls. The fourth

standard introduces a size limit within

the definition of a packaged boiler. The

Federal Register / Vol. 65, No. 154 / Wednesday, August 9, 2000 / Proposed Rules 48841

fifth standard, ASME PTC 4.1, does not

define a packaged boiler.

Specifically, the first referenced test

standard, the Hydronics Institute (HI)

test standard ‘‘Testing and Rating

Standard for Heating Boilers—1989’’

(HI–1989), defines a packaged boiler as

‘‘a boiler-burner unit factory assembled

and wired’’, where the ‘‘boiler-burner

unit’’ is defined as ‘‘a combination of

boiler, burner, combustion chamber

design (if required) and controls,

marketed as a unit’’. HI–1989 does not

specifically limit the test standard to

packaged boilers. However, HI–1989

limits the test standard to low pressure

heating boilers defined in ASME Boiler

and Pressure Vessel Code, Section IV,

Heating Boilers.

The second referenced test standard,

Underwriters Laboratory (UL) test

standard UL Standard 726 for ‘‘Oil-Fired

Boiler Assemblies,’’ defines an oil-fired

boiler assembly as ‘‘a boiler assembly

equipped with one or more oil burners,

and all the necessary safety controls,

electrical equipment as needed, and

related equipment, manufactured for

assembly as a unit.’’

The third referenced test standard, UL

Standard 795 for ‘‘CommercialIndustrial Gas Heating Equipment,’’

including gas-fired boilers, defines a

gas-fired device as one which ‘‘* * *

shall be factory-built and shall include

all essential components necessary for

its normal function as intended, and

may be shipped as two or more major

subassemblies.’’ In addition, both UL

Standard 726 and UL Standard 795

specify that ‘‘ * * * each subassembly

shall be capable of being incorporated

into the final assembly without

requiring alteration, cutting, drilling,

threading, welding or similar tasks by

the installer * * *’’ Both UL Standard

726 and UL Standard 795 also limit the

scope of coverage to a boiler assembly.

The fourth referenced test standard,

ANSI Standard Z21.13, does not define

a packaged boiler. However, the

standard limits its scope of coverage to

gas-fired low pressure steam and hot

water boilers (defined in its Part IV,

Definitions, as a self-contained gas

burning appliance for supply steam or

hot water) with input ratings of less

than 12,500,000 Btu per hour.

The fifth referenced test standard,

ASME Power Testing Codes for Steam

Generating Units, ASME PTC 4.1, does

not include a definition for a packaged

boiler.

During the April 1998 DOE workshop,

participants discussed the defining

characteristics of a packaged boiler in

terms of its method of shipment and

assembly, its application (e.g., space

heating/conditioning, service water

heating, industrial processing, and

utility applications), its capacity (size),

and its operating characteristics (e.g.,

low pressure steam and hot water

heating boilers, high temperature hot

water boilers, and high pressure steam

boilers). Each of them are discussed

individually below.

2. Method of Shipment and Assembly

The Gas Appliances Manufacturers

Association (GAMA) stated that a

packaged boiler is a boiler which the

manufacturer designs with specific

component models which are listed in

the manufacturer’s catalog. (GAMA,

April 1998 transcript, at 133). The boiler

may not come out of the manufacturer’s

factory as a completely assembled

product ready for shipment, due to a

heavy bulk or other considerations. It

may be shipped in subsections that are

assembled together in the field.

However, when assembled, the boiler

would conform to the manufacturer’s

predefined design for its basic model.

The Council of Industrial Boiler

Owners stated that even though there

were no clear-cut criteria on what

constitutes a packaged boiler, generally

a boiler will not be considered a

packaged boiler if it needs field

welding, pressure parts, or fabrication of

the assembly at the site. (CIBO, April

1998 transcript, at 136).

The October 1998 workshop

participants also discussed what

constitutes a packaged boiler. WeilMcLain Co. stated that the cast iron

boiler industry subscribes to the

definition of packaged boiler in the

Hydronics Institute (HI) Standard, as ‘‘a

boiler-burner unit factory assembled

and wired.’’ (Weil-McLain Co., October

1998 transcript, at 209). Weil-McLain

stated that this definition is different

from the EPCA definition, under which

the boiler can be shipped in separate

sections not assembled in the factory.

Weil-McLain stated further that it sells

cast iron boilers in three different ways:

(1) Factory assembled and wired as

defined by HI, so that the boilers can be

installed at the site without any further

assembly, (2) with only the heat

exchanger sections bolted together in

the factory, and with these and other

boiler components (e.g., burner, controls

and jacket) shipped in separate sections

for subsequent assembly at the job site,

and (3) through boiler distributors, who

maintain inventories of heat exchanger

sections, controls and burners (or order

them directly from their respective

manufacturers), and who either ship all

the necessary components, or have

manufacturers ship some or all of the

components, to the customer for

assembly as a complete boiler at the

customer’s site. Weil-McLain stated that

the third manner accounts for probably

90 percent of their sales and asked

whether the manufacturer would be

held accountable for the performance of

boilers sold in this way since they had

no control over the distributors and how

the unit was assembled. Mestek, Inc.

agreed with Weil-McLain. (Mestek,

October 1998 transcript, at 214).

Weil-McLain also stated that for every

model of boiler that it sells for field

assembly, it also sells a packaged boiler

of the same design factory assembled

and wired (as per HI definition). These

factory assembled boilers are tested and

certified by the Hydronics Institute.

Weil-McLain stated that it will

guarantee the efficiency rating of boilers

that are not factory assembled, if all the

components used in the field assembly

(including cast iron heat exchanger

sections, burner, and controls) are

identical (by model, by type, and by

design) to those on the factory

assembled boiler. However, WeilMcLain stated that it can not guarantee

the efficiency of field-assembled boilers

with Weil-McLain cast iron sections, if

these use burners that were not

specified by the company and not tested

and certified by HI.

For purposes of this rulemaking, the

definition in EPCA for packaged boilers

is the governing definition. It seems

obvious that boilers sold in the first two

ways described by Weil-McLain fit

within the EPCA’s definition of

packaged boiler. As to the third, we

considered the statements by WeilMcLain and Mestek on sectional cast

iron boilers, and believe that these

boilers also meet the statute’s definition

of a packaged boiler. This conclusion is

supported in part by our belief that the

wording in the definition, ‘‘usually

shipped in one or more sections,’’ is

designed to include not only steel and

copper boilers, which are usually

shipped as completely assembled units,

but also large sectional cast iron boilers,

which can be shipped in sections. This

language would become almost

meaningless if the definition were

construed as excluding boilers sold in

the third manner, since it appears that

90 percent of cast iron boilers are

shipped in this way, i.e., components

are shipped by distributors or separate

manufacturers, sometimes from distinct

locations. In addition, cast iron boilers

are a major portion of the commercial

boilers that provide space heating in

buildings. To exclude boilers shipped in

this manner from coverage under EPCA

would, therefore, exclude a major share

of commercial boilers from the statute’s

reach. We see no basis for concluding

that Congress intended such an

48842 Federal Register / Vol. 65, No. 154 / Wednesday, August 9, 2000 / Proposed Rules

1Boilers that provide service water are generally

referred to as ‘‘hot water supply boilers.’’ For the

most part, the Department is addressing the

efficiency requirements for this product in a

separate, parallel rulemaking that concerns

commercial water heating products. The instant

rulemaking covers commercial packaged boilers

that provide service water, however, in two

instances. First, a boiler that is covered by the water

heating requirements, but that is also distributed to

a significant extent for heating or space

conditioning applications, would have to comply

with both sets of requirements. Second, a service

water heating boiler that is not subject, under

Addendum n to ASHRAE Standard 90.1–1989, to

the efficiency requirements that apply to

commercial water heaters, would have to meet the

requirements for boilers.

exclusion. In this regard, the statute

does not state that the components of a

packaged boiler must be shipped from

the same initial location, or at the same

time.

Furthermore, we agree with the

manufacturers’ concern over the use of

burners not approved and specified by

the boiler manufacturers. EPCA defines

‘‘manufacturer’’ as ‘‘any person who

manufactures a consumer product’’ and

‘‘manufacture’’ to mean ‘‘manufacture,

produce, assemble or import.’’ (42

U.S.C. 6291(12) and (10)). Therefore, we

construe EPCA as meaning that a firm

that produces a boiler in its entirety, or

that specifies and approves a boiler’s

components by make and model

numbers, including burners or other

components produced by others, is a

manufacturer of that boiler within the

meaning of the statute. If a distributor,

installer or another vendor sells a boiler

with components that are not specified

and approved by another manufacturer,

we consider that vendor to be the

manufacturer by virtue of having

assembled the boiler.

We believe that the definition of

packaged boilers, which may consist of

boilers shipped in major sub-assemblies

for ease of transport and designed to fit

together at customers’ sites, is clear

enough to distinguish them from

custom-designed, field-constructed

boiler systems, which generally require

alteration, cutting, drilling, threading,

welding or similar tasks by the installer.

In this respect no additional

clarification is needed to establish the

definition of packaged boilers beyond

the text that appears in the statute.

3. Application

Participants at the April 1998

workshop raised questions regarding the

effect of a packaged boiler’s end use on

its coverage under a DOE test procedure,

since the statute does not explicitly

limit its type of application. Several

attendees, including GAMA and Lennox

International asserted that EPCA

requirements are based on ASHRAE

Standard 90.1, and that the standard’s

scope is limited to heating products for

space conditioning and service water

only. (GAMA, April 1998 transcript, at

144; Lennox, April 1998 transcript, at

237).

By its title, ‘‘Energy Efficiency Design

of New Buildings except Low-Rise

Residential Buildings’’ ASHRAE

Standard 90.1 indicates that it is

concerned with minimizing energy

consumption in the operation and

maintenance of the building per se (that

is, energy consumption with respect to

the function of the building and the

comfort of the occupants). While

ASHRAE Standard 90.1–1989 contains

no specific language excluding any

specific type of heating products

installed in the building, the test

procedures and standards referenced by

ASHRAE Standard 90.1 do appear in the

section for HVAC equipment (Section

10 of ASHRAE Standard 90.1–1989,

Heating, Ventilation, and AirConditioning (HVAC) Equipment). A

recent major revision to ASHRAE 90.1,

entitled ASHRAE Standard 90.1–1999,

revised the Title, Purpose, and Scope

(TPS) of the standard to exclude from

coverage ‘‘equipment and portions of

building systems that use energy

primarily to provide for industrial,

manufacturing or commercial

processes.’’

We also reviewed the statute to

ascertain its intent with respect to the

end use of a packaged boiler. The

review indicated the following:

(1) In the section that defines

‘‘packaged boiler,’’ the statute does not

explicitly specify the end use of the

boiler.

(2) In EPCA’s list of ‘‘covered

equipment,’’ warm-air furnaces, which

are used for space heating, and

packaged boilers are entered together as

a single item. EPCA, section 340(1)(E),

42 U.S.C. 6311(1)(B).

(3) EPCA groups packaged boilers

with other covered products, including

small commercial packaged air

conditioning and heating products and

storage water heaters, all of which are

used exclusively for space conditioning

and service water heating. EPCA

sections 340(2)(B) and 342(a), 42 U.S.C.

6311(2)(B) and 6313(a).

(4) EPCA includes ‘‘steam boilers’’ in

its list of industrial equipment, separate

from warm air furnaces and packaged

boilers. EPCA section 340(2)(B), 42

U.S.C. 6311(2)(B).

(5) The Report that accompanied H.R.

776, the House version of EPACT, states

that the Act ‘‘amends existing law to set

minimum energy efficiency standards

for electrical air conditioning, electrical

heating and gas heating equipment,

boilers and water heaters intended for

use in commercial buildings. * * * The

standards * * * were developed * * *

in ASHRAE Standard 90.1.’’ HR Report

No. 474, 102nd Congress, 2nd Session,

Part 1, at 175 (1992).

(6) The conservation standards

prescribed in EPCA for heating and air

conditioning products coincide with

those contained in ASHRAE Standard

90.1 at the time of enactment, and the

statute provides for adoption by the

Department, under prescribed

conditions, of future amendments by

ASHRAE to Standard 90.1. 42 U.S.C.

6313(a)(1)–(6).

On the basis of the above review, we

believe that the intent of the statute is

to apply the term ‘‘packaged boiler’’ to

commercial boilers used in buildings for

heating, space conditioning and service

water heating, and to designate the term

‘‘steam boilers’’ for other industrial

applications, such as for manufacturing

processes and power generation.

Therefore, consistent with the

comments from the April 1998

workshop, under DOE’s proposed

definition of commercial packaged

boiler EPCA efficiency requirements

would apply only to boilers that, to any

significant extent, are distributed for

heating, space conditioning, or service

water heating applications in

buildings.1

4. Capacity

As mentioned above, participants at

the April 1998 workshop discussed the

scope of the definition of packaged

boiler with respect to capacity (size).

Some attendees suggested that size or

rated capacity can be a possible

criterion for defining the scope of

coverage in a DOE test procedure for

packaged boilers. As indicated

previously, ANSI Standard Z21.13

limits itself to low pressure steam and

hot water boilers with less than

12,500,000 Btu per hour input. A review

of commercial boilers in the 1998

certified rating directory of the

Hydronics Institute showed the largest

capacity boiler to be a gas-fired heating

unit with approximately 14,000,000 Btu

per hour gross output, which would

imply that packaged low pressure steam

and hot water heating boilers are

produced in quantity with output

capacities of up to approximately 14

million Btu per hour. However, the

California Energy Commission (CEC)

stated that the statute does not provide

an upper limit on capacity in its

definition of packaged boilers, and

asserted that one cannot therefore

specify an upper limit on capacity in a

DOE test procedure for them.

Federal Register / Vol. 65, No. 154 / Wednesday, August 9, 2000 / Proposed Rules 48843

We agree with CEC’s statement that

the statute does not specify an upper

limit on the capacity. We also

understand that there are packaged

boilers used for heating buildings,

especially of the fire tube and water

tube design, whose capacities greatly

exceed the capacity values specified in

ANSI Standard Z21.13 or those in the

Hydronics Institute’s certified rating

directory. Therefore, we see no basis to

conclude that EPCA covers only

commercial packaged boilers below a

certain size, and we include no upper

limit on capacity in today’s proposed

definition of the product. Consequently,

the proposed test procedure would

apply to commercial packaged boilers

regardless of size. Nevertheless, DOE

recognizes that the limited quantities of

the types of high-capacity boilers used

for space heating, coupled with their

large capacities, may make their testing

under a DOE test procedure in

laboratory conditions costly or

impractical. Therefore, we solicit

comments from all stakeholders on

whether there is an upper limit on

capacity above which the testing

procedure proposed today would be

unduly burdensome to conduct, and

thus improper to prescribe under the

provisions of EPCA (42 U.S.C. 6314 (a)

(2)).

5. Operating Characteristics

During the April 1998 workshop,

attendees raised the coverage issue for

packaged high pressure boilers. CIBO

and others pointed out that when the

end user applies a packaged boiler to

produce hot water and steam for heating

in industrial and manufacturing

processes, considerations other than

efficiency at steady state may strongly

influence the selection and operation of

the boilers. (CIBO, April 1998 transcript,

at 145). The American Boiler

Manufacturers Association (ABMA) and

CIBO stated that the operation of

packaged high pressure steam and high

temperature hot water boilers for

industrial processing is different from

the low pressure steam and hot water

heating boilers typically used in space

heating and service water heating

applications. (CIBO, April 1998

transcript, at 145).

According to Chapter 10, Steam

Systems, of the 1996 ASHRAE HVAC

System and Equipment Handbook,

investment and operating cost

considerations, energy efficiency, and

control stability all require the pressure

to be held to a minimum value that will

accomplish the required heating task.

The text goes on to say that space and

domestic water heating can best be

accomplished with low-pressure

systems. During the October 1998

workshop, NIST proposed in its

recommendation report that only

packaged low pressure steam and hot

water boilers should be covered in the

proposed test procedure. The CEC

objected to that proposal. CEC stated the

opinion that the statute sets a minimum

efficiency standard for all packaged

boilers, which it considers to include

high pressure boilers, and that DOE

cannot limit the scope of the test

method to low pressure steam and hot

water boilers. (CEC, October 1998

transcript, at 233). The Natural

Resources Canada stated that smaller

packaged high pressure boilers are used

in district heating applications, where

the boilers are located in a small

building near the commercial buildings

in question and therefore, the high

pressure boilers used in those

applications should be covered. (NRC,

October 1998 transcript, at 241). Other

attendees at the workshop stated that

high pressure utility boilers and central

station boilers are not used in

commercial buildings and hence should

not be covered by the DOE test

procedure. (Laclede Gas Company,

October 1998 transcript, at 246; GAMA,

October 1998 transcript, at 246; PNNL,

October 1998 transcript, at 248).

No language in EPCA excludes

packaged high pressure boilers from

coverage under the statute. Moreover,

based on the above, we believe there are

instances where high pressure packaged

boilers are used for heating buildings.

Therefore, under today’s proposed rule,

EPCA’s efficiency requirements would

in effect apply to packaged high

pressure boilers which, to any

significant extent, are distributed for use

for space conditioning in buildings.

During the two DOE workshops,

participants expressed differing

opinions on the coverage of high

pressure boilers, and we realize that

there may not be clear-cut criteria for

distinguishing a packaged high pressure

boiler that can be used for space

conditioning. Also, as discussed above

under the issue of capacity, the limited

quantities and large sizes of packaged

high pressure boilers employed in space

heating may make testing under the

proposed DOE procedure unduly

burdensome. Therefore, we are

soliciting comments from all

stakeholders on the options of:

(1) Limiting application either of all

EPCA efficiency requirements, or of

only the proposed DOE test procedure,

to packaged high pressure boilers that

are principally designed for heating

buildings, or

(2) Limiting coverage of packaged

high pressure boilers to a certain

maximum working pressure, such as

150 psig, above which one is unlikely to

use a boiler in a commercial building

due to the pressure limitation of the

terminal heating equipment.

C. Commercial Packaged Boiler Test

Procedures for the Measurement of

Energy Efficiency

Section 343(a)(4)(A) of EPCA requires

the test procedures for measuring the

efficiency of commercial packaged

boilers to be those generally accepted

industry testing procedures or rating

procedures that were developed or are

recognized by the American Society of

Heating, Refrigerating and Air

Conditioning Engineers, Inc., as

referenced in ASHRAE/IES Standard

90.1 and that were in effect on June 30,

1992. 42 U.S.C. 6314(a)(4)(A). Also, if

such an industry test procedure or

rating procedure for commercial

packaged boilers is amended, the

Secretary must adopt such revisions

unless the Secretary determines that to

do so would not produce test results

which reflect energy efficiency, energy

use, and estimated operating costs, or

that the procedures would be unduly

burdensome to conduct. 42 U.S.C.

6314(a)(4)(B).

The version of ASHRAE Standard

90.1 in effect on June 30, 1992,

references five industry test standards

that apply to gas-fired boilers or oil-fired

boilers or both. These are the ANSI

Standard Z21.13–1987 for gas-fired

boilers; the HI Testing and Rating

Standard for Heating Boilers, sixth

edition, 1989, for gas and oil-fired

boilers (HI 1989); ASME Power Test

Codes (PTC) 4.1–1964 including the

1968 and 1969 Addenda (reaffirmed

R1991) for Steam Generating Units for

fossil fuel boilers (ASME PTC 4.1); the

Underwriters Laboratory Standard 795–

1973 for gas heating equipment (UL

Standard 795); and the Underwriters

Laboratory Standard UL Standard 726–

1990 for oil-fired boilers (UL Standard

726). Of the five test standards, four are

applicable to gas-fired boilers and three

are applicable to oil-fired boilers.

Specifically, ANSI Standard Z21.13

covers gas-fired boilers and limits the

size of the test boiler to 12,500,000 Btu

per hour. The 1991 version of the

standard sets the outlet water

temperature at 180°F±2°F without

specifying an inlet test temperature. A

value of 80°F ±10°F, however, is

specified in its Combustion Test section.

A revision of the standard in 1993

(ANSI Standard Z21.13a–1993) specifies

the inlet temperature of 80°F±10°F.

HI–1989 is applicable to both low

pressure gas-fired and low pressure oilfired heating boilers. For hot water

48844 Federal Register / Vol. 65, No. 154 / Wednesday, August 9, 2000 / Proposed Rules

boilers, HI specifies a test condition of

200°F outlet water temperature, and a

range of temperature rises across the

boiler, ranging from 120°F to 165°F, that

result in a test inlet water temperature

ranging from 35°F to 80°F.

UL Standards 726 and 795 apply to

both low pressure and high pressure

boiler assemblies fired by oil and gas,

respectively. The section on

Combustion Test specifies that the

boiler is to be installed and adjusted in

accordance with manufacturer’s

instructions, and fired at the rated input

until steady state combustion conditions

of draft, fuel input rate, and flue gas

temperature have been established. A

flue loss which is based on the

measured flue gas temperature and flue

CO2 concentration is used in the

efficiency evaluation. However, the

standards do not provide a calculation

procedure for the flue loss. The

Continuous Operation Test does set the

test conditions for steam pressure and

water temperatures. However, these

conditions are meant to ensure the

continuous safe operation of the boiler

and are not necessarily those intended

for an energy performance test in

accordance with the manufacturer’s

instructions. Also, the conditions for the

Continuous Operations Test are set

close to the limit setting of the pressure

and/or temperature limit control device,

and not at the settings for normal

operation of the boilers.

ASME PTC 4.1 is devised for steam

generating units and high temperature

water heaters. The standard is basically

designed for an acceptance testing after

installation. It does not specify the

operational conditions for the efficiency

test. The operational conditions are to

be determined by agreement between

interested parties. The standard

recommends that in determining the

efficiency of gaseous or liquid fuel-fired

steam generating units, the test runs

should preferably be not less than of

four hours duration. The standard

provides a procedure for an abbreviated

efficiency test (Simplified Efficiency

Test) based on the heat loss method,

where only the major losses (flue losses

and radiation or jacket loss) and the

chemical heat in the fuel, are

considered. Most manufacturers of

packaged steel boilers use the

Simplified Efficiency Test, and not the

detailed procedure appearing in the

standard.

1. Test Procedure and Test Conditions

for Low Pressure Steam and Hot Water

Boilers

All ASHRAE Standard 90.1

referenced test standards from the above

list are applicable to low pressure steam

and hot water boilers. However, we

understand that at present, most gasfired boilers are rated for energy

efficiency according to the ANSI

Standard Z21.13, and most oil-fired

boilers according to the HI–1989

standard. The two UL standards are

mostly used for safety certification

purposes. The ASME PTC 4.1 is used

mostly for steel fire tube and water tube

type boilers with low to very high

pressure ratings.

During the April 1998 workshop, it

was suggested that, for comparison

purposes, a single uniform test

procedure for both gas-fired and oilfired boilers would be preferable within

the DOE test procedure. As stated, HI–

1989 covers both gas and oil-fired

boilers. However, in its Scope section,

HI–1989 states that for gas-fired boilers,

test reports from the American Gas

Association (AGA) and Canadian Gas

Association (CGA) Laboratories which

comply with ANSI Standard Z21.13a–

1993 are acceptable in lieu of the

procedures spelled out in HI–1989. A

comparison of HI–1989 and ANSI

Standard Z21.13a–1993 shows that the

test setups, instrumentation, and other

features of the two test standards for

gas-fired boilers are very similar. The

only differences are the water inlet and

outlet conditions for hot water boilers,

which are discussed later, and the

insulation requirement of the test flue

stack. The difference in the insulation

requirement in the test setup is that the

HI–1989 standard requires insulation of

the test stack up to the location of flue

gas temperature measurement, while

ANSI Standard Z21.13 does not require

any insulation. This would result in a

higher combustion efficiency (and a

lower calculated flue loss based on flue

gas temperature) by using the ANSI

Standard Z21.13 procedure compared

with the HI–1989 procedure, if all other

test conditions were the same.

Also at the October 1998 workshop,

the CEC recommended that the HI–1989

test standard be adopted by us as the

test standard for both gas-fired and oilfired boilers. (CEC, April 1998

transcript, at 178).

The American Boilers Manufacturers

Association (ABMA) and Council of

Industrial Boiler Owners (CIBO) state

that EPACT requires the test procedures

to be those generally accepted industry

testing or rating procedures. (ABMA,

April 1998 transcript, at 187; CIBO,

April 1998 transcript, at 194). ABMA

states that in the boiler industry (those

represented by ABMA) the HI standard

was not generally accepted as the

industry standard, and that the ASME

PTC 4.1 is used more frequently than

the HI standard. CIBO stated that

members, who are involved in using

packaged boilers for industrial type

processing, follow ASME, and are not

familiar with the HI standard. (CIBO,

April 1998 transcript, at 196). Also,

during the October 1998 workshop, BR

Laboratories Inc. stated that there is no

difference in the test method for

combustion efficiency between

packaged low pressure boilers and high

pressure boilers, and it believes that one

can use the HI test procedure specified

for low pressure boilers to also test the

combustion efficiency of high pressure

boilers. (BR Laboratories, October 1998

transcript, at 242).

As mentioned above, ANSI Standard

Z21.13 and HI–1989 differ in their test

conditions for both inlet and outlet

water temperatures. At the April 1998

workshop, participants pointed out that

the specification of water inlet

temperature in ANSI Standard Z21.13a–

1993 is more precise (80°F ±10°F) than

the corresponding specification in HI–

1989 (a range between 35°F to 80°F),

and that efficiency values resulting from

testing identical units under HI–1989

could vary depending on the test inlet

temperature. We understand that the

reason for this latitude in the HI–1989

specification is that the boilers are

tested at the manufacturers’ locations,

and not at the Hydronics Institute.

Depending on the season and

geographical location of the

manufacturer, the inlet water

temperature from the water main (or

other source) can vary widely. During

the workshop, York International

cautioned that a more stringent test

condition could require controlling the

temperature of a large quantity of inlet

water in a way that may be difficult to

achieve. (York, April 1998 transcript, at

194).

At the October 1998 workshop, NIST

proposed adopting the HI–1989

standard for both gas and oil-fired low

pressure steam and hot water boilers,

with a revised inlet water temperature

of 80°F ±10°F and an outlet temperature

of 180°F ±2°F, to conform to the

requirement of ANSI Standard Z21.13a–

1993. This test, with a controlled inlet

water temperature, may require

temperature pre-conditioning of large

volumes of inlet water in some regions

of the country. However, since this

procedure is specified in ANSI Standard

Z21.13a–1993, and has been an

established practice since 1993, we

believe it will not be a major problem

for a boiler of less than 12,500,000 Btu

per hour rated input.

The proposed temperature of

180°F±2°F for the required outlet

temperature for hot water boilers, as

opposed to the 200°F ±5°F in the HI

Federal Register / Vol. 65, No. 154 / Wednesday, August 9, 2000 / Proposed Rules 48845

standard, might produce a slight

increase in the combustion efficiency

value of oil-fired boilers currently tested

by the HI standard (which is due to a

lower flue gas temperature and flue

loss). However, we believe that this

increase would be small. BR

Laboratories Inc. stated that the use of

the HI standard’s wide range for the

permissible inlet water temperature

would lessen the burden on

manufacturers, and the inlet

temperature specification has no impact

on the efficiency. (BR Laboratories,

October 1998 transcript, at 254–55).

Weil-McLain agreed that the outlet

water temperature has more of an

impact on the combustion efficiency. A

lower (180°F) temperature would give

those oil and power gas boilers

currently tested to the HI standard a

better efficiency value. (Weil-McLain,

October 1998 transcript, at 257).

However, for gas-fired boilers currently

tested to the ANSI Standard Z21.13

standard, changing the outlet

temperature from 180°F (under current

specification) to 200°F (if the HI

standard is used instead, as suggested)

might cause their efficiency to degrade.

Therefore, Weil-McLain recommended

keeping the two standards, HI–1989 and

ANSI Standard Z21.13, with the HI

standard for use with the power gas and

oil-fired boilers, and the ANSI Standard

Z21.13 for use with the gas-fired boilers.

However, if a single test standard is

needed, Weil-McLain would prefer the

180°F outlet water temperature, since it

reflects the current practice for testing

gas-fired boilers, and is also the

temperature tested under the Hydronics

Institute auditing program.

We also considered the other three

test standards referenced by ASHRAE

Standard 90.1–1989. Of these three test

standards, the ASME PTC 4.1 standard,

with the exception of its Simplified

Efficiency Test procedure, is intended

for (large) steam generating heating and

power boilers. It requires a detailed

account of the energy expenditures of

all components in the boiler system, and

appears to be burdensome for smaller

capacity boilers. The HI standard

appears to be a satisfactory substitute for

the ASME PTC 4.1 for low pressure

steam boilers, since the test and

calculation procedure in the HI standard

is close to the Simplified Efficiency Test

(Abbreviated Efficiency Test) of ASME

PTC 4.1. The two UL standards are

mainly used for the safety certification

of boilers. The test procedures for

energy performance in the UL standards

for low pressure boilers are similar to

the HI–1989 standard. However, the UL

standards do not provide a procedure

for calculating flue loss. We thus believe

that the HI–1989 standard is better

equipped than the two UL standards for

testing the energy efficiency of low

pressure steam and hot water boilers.

Even though there might be some

differences in the test conditions

between HI–1989 and ANSI Standard

Z21.13, the attendees at the two

workshops suggested that basically the

HI test standard can be used to cover

gas-fired and oil-fired low pressure

heating boilers. We considered three

options. The first is to adopt ANSI

Standard Z21.13a for all gas-fired

boilers and HI–1989 for all oil-fired

boilers. This would make the currently

listed efficiency values (in Hydronics

Institute Certification Directory, for

example) of boiler models that are

already on the market to stay

unchanged. However, because of the

differences in test conditions between

the two test standards, the gas-and oilfired boilers will not compare

accurately. The second option is to

adopt the HI–1989 test standard for both

gas-and oil-fired heating boilers. This

option may create the problem that for

a gas-fired hot water boiler, the resulting

efficiency based on a 200°F outlet water

temperature is likely to be less than its

current value based on a 180°F

temperature. This may create a problem

for those boilers that just meet the

minimum efficiency standard specified

in EPCA. The third option is to adopt

the HI–1989 test standard for both gasand oil-fired heating boilers, with a

modification that the outlet temperature

for hot water boilers be specified at

180°F instead of at 200°F. As discussed

before, this option will cause an oilfired hot water boiler to attain a test

efficiency that could be slightly higher

than its current value. However, we

believe that no re-testing is necessary

since the boiler’s current efficiency

value would be a conservative one. The

other two factors that may cause the

efficiency value of a gas-fired boiler to

change under HI–1989 are the larger

inlet temperature range permitted (35°F

to 80°F) and the flue pipe insulation

requirement (up to the point of flue

temperature measurement location—12-

inches maximum from the flue collar).

However, we believe that the effect of

these differences is small, since

combustion efficiency is mainly a

function of the outlet water or steam

temperature (as discussed above), and

the portion of the heat loss through the

flue pipe that would affect the flue

temperature measurement (and flue

loss) due to the insulation is restricted

to the first 12 inches of the flue pipe.

Based on the above, we are proposing

to adopt the HI–1989 standard as the

DOE test procedure for gas and oil-fired,

low pressure steam and hot water

commercial packaged boilers, with the

provisions that: (1) the outlet water

temperature for hot water boilers be set

at 180°F ±2°F, and (2) for gas-fired

boilers, to calculate the flue loss a

manufacturer may use the procedure

specified in Exhibit D of ANSI Z21.13–

1993 instead of the procedure in section

11.2 of HI–1989.

Based on the comments from CIBO

that some manufacturers use mainly the

ASME PTC 4.1 test standard and may

not be familiar with the HI–1989 test

standard, we are proposing to allow

manufacturers the alternative of using

the Simplified Efficiency Test of ASME

PTC 4.1, with the provisions that: (1)

The inlet water temperature will range

from 35°F to 80°F, (2) for hot water

boilers, the outlet water temperature

will be 180°F ±2°F, (3) for steam boilers,

steam pressure will range from

atmospheric (0 psig) to 2 psig; and (4)

in the heat loss method of ASME PTC

4.1 for the determination of efficiency,

the radiation loss term will be set to

zero to obtain the combustion efficiency

(of 100 percent minus percent flue loss).

We believe the calculation procedures

by the heat loss method according to

HI–1989 and the Simplified Efficiency

Test of ASME PTC 4.1 are nearly

identical, and that comparisons between

the test results from the two standards

would be valid when the Simplified

Efficiency test is used with the above

four provisions. We welcome comments

from all stakeholders on today’s

proposed test procedures as described

in this paragraph, and on whether we

should adopt instead, one of the other

considered options.

2. Testing for High Pressure Steam and

High Temperature Water Boilers

ASHRAE Standard 90.1–1999,

modified the definition of a boiler

(section 3.2 of ASHRAE Standard 90.1–

1999, definitions) so that a boiler is

defined as a ‘‘self-contained, low

pressure appliance for supplying steam

or hot water.’’ This definition is

followed by a definition for packaged

boilers, which is defined as a specific

class of boilers. ASHRAE Standard

90.1–1989 did not include the term

‘‘low pressure’’ in the boiler definition,

and did not include a definition for

packaged boilers. For test procedures

that are applicable to packaged high

pressure steam and high temperature

hot water boilers, ASHRAE Standard

90.1–1989 references three test

procedures. They are ASME PTC 4.1 for

steam boilers, UL Standard–795 for gasfired heating equipment including

boilers, and UL Standard–726 for oilVerDate 11<MAY>2000 17:17 Aug 08, 2000 Jkt 190000 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\09AUP2.SGM pfrm08 PsN: 09AUP2
48846 Federal Register / Vol. 65, No. 154 / Wednesday, August 9, 2000 / Proposed Rules

fired boilers. Of these three test

procedures, ASME PTC 4.1 provides

detailed procedures for energy

efficiency tests. However, ASME PTC

4.1 does not specifically provide the test

conditions with respect to steam

pressure or water temperature. The

intent of ASME PTC 4.1 is to guide the

acceptance testing of large steam

generating units, where the operational

conditions are part of the agreements

negotiated between the interested

parties (Sections 3.01and 3.04 of ASME

PTC 4.1).

As described above in section II C,

ASME PTC 4.1 also provides for an

abbreviated (simplified, or short form)

efficiency test for small heating and

industrial steam generators. The two UL

standards specify test conditions

(installed and adjusted in accordance

with the manufacturer’s instructions

and fired at the rated input) for

determining steady state energy

performance in their combustion test

sections (see Section 36 of UL Standard

726 or Section 51.1 of UL Standard 495).

However, the two standards do not

provide procedures for the flue loss

calculation.

During the October 1998 workshop,

BR Laboratories Inc. suggested that one

can use the HI–1989 standard to test

high pressure boilers, since the

measurement requirements for

combustion efficiency test are the same

for both low and high pressure boilers.

(BR Laboratories, October 1998

transcript, at 242). However, during the

April 1998 workshop, both ABMA and

CIBO stated that their members use the

ASME PTC 4.1 test procedure, and are

not familiar with the HI–1989 standard

(see discussion under section II.C.1 for

low pressure boilers above). Informal

conversations with some steel boiler

manufacturers indicated that industry

manufacturers of steel fire tube and

water tube boilers of all pressure ranges

(from 15 psig steam pressure and up)

use the short form test (the Simplified

Efficiency Test) of ASME PTC 4.1 and

not the HI–1989 standard.

Based on a consideration of the above,

we are proposing today to adopt the

abbreviated efficiency test (the

Simplified or short form Efficiency Test)

as specified in section 1.07 of ASME

PTC 4.1 as the DOE test procedure for

packaged high pressure steam and high

temperature hot water boilers covered

by EPCA. Also, since the ASME PTC 4.1

does not specify the test condition for

the efficiency test, and the test

conditions with respect to steam

pressure and water temperature vary

with the design of the boiler, we are

proposing that the conditions specified

in the two UL standards be specified as

test conditions, i.e., the boiler must be

installed and adjusted in accordance

with the manufacturer’s instructions

and fired at its rated input. We further

propose that the water temperature and

steam pressure be prescribed to reflect

the normal conditions for which the

manufacturer designed the boiler. As

stated previously, even though the

calculation procedure for the heat input

term (from chemical heat in the fuel

only, ignoring any other heat credit) and

the major heat loss terms in ASME PTC

4.1 are similar to those specified in the

HI–1989, the steel boiler industry’s

familiarity with the test procedure

would make the ASME PTC 4.1 test

procedure less burdensome to these

manufacturers.

We welcome comments on the

proposal to adopt the Simplified

Efficiency Test of ASME PTC 4.1 for

packaged high pressure boilers. In

particular, we solicit suggestions on a

uniform procedure for determining the

normal steam pressures and water

temperatures for which boilers are

designed, perhaps based on (or with

reference to) the maximum pressure

ratings, and for specifying the

corresponding conditions in the

efficiency test procedures.

3. Provisions for Low Temperature

Applications

ASHRAE Standard 90.1 and the test

standards referenced by it do not

specifically provide test conditions for

hot water boilers designed for low

temperature applications (having a

supply water temperature of 140°F or a

return water temperature of 120°F, or

less). Attendees at the April 1998

workshop questioned whether a

significant number of these boilers were

sold on the market, and commented it

was unnecessary for DOE to develop

another set of test conditions that

deviate from those specified in ASHRAE

Standard 90.1. We agree with these

comments and will not propose a

different set of test inlet and outlet

water temperatures for applications

requiring low supply and return

temperature settings.

4. Provision for Condensing Boilers

ASHRAE Standard 90.1 and its

referenced test standards do not

specifically provide test conditions for a

condensing boiler, which is a hot water

boiler designed to condense part of the

water vapor in the flue gases and which

is equipped to collect and drain such

condensate. Attendees at the April 1998

workshop commented that, because of

the absence of commercial condensing

boilers from the market, it was not

necessary for DOE to develop a test

procedure different from that specified

in the ASHRAE Standard 90.1.

We disagree with the comments from

the workshop attendees on this issue.

We are unable to conclude that

commercial size condensing boiler

models are unavailable in the market.

Also, since condensing boilers are

significantly more energy efficient than

non-condensing boilers, we believe that

even if there were presently no such

boilers on the market, a test procedure

should be in place so that any

manufacturer of condensing boilers

would have a readily available accurate

method for testing them to establish

their efficiencies for compliance with

EPCA. In addition, a test procedure is

needed for evaluating design options

underlying any future minimum

efficiency standards. Even though the

ASHRAE Standard 90.1-referenced

standards do not specify an appropriate

test procedure, ASHRAE Standard 103–

1993 has been in use over the last

decade and provides a method for

measuring the increased energy

efficiency of residential condensing

boilers under steady state test

conditions. We believe that the method

of collecting and measuring the quantity

and the temperature of the flue

condensate under steady state

conditions at the maximum rated input

over a 30 minute test period can also be

applicable to a commercial condensing

boiler. Therefore, we are proposing to

adopt the procedure specified in

sections 7.2.2.4, 7.8, 9.2 and 11.3.7 of

ASHRAE Standard 103–1993 as the test

procedure for determining the

incremental increase in energy

efficiency due to the condensing feature

of a such a boiler.

In proposing the adoption of that test

procedure, a slight modification is

applied to the equation in Section

11.3.7.2 of ASHRAE 103–1993 for

steady state heat loss due to hot

condensate flowing down the drain. In

the aforementioned section, the

assumed indoor temperature is specified

as 70°F, and the average outside

temperature as 42°F. The modification

replaces both of these temperatures with

the actual temperature of the test area.

In addition, even though the boiler inlet

water temperature may not be a major

factor affecting the combustion

efficiency of a non-condensing boiler,

previous experience with residential

condensing boilers indicates that the

inlet water temperature has a significant

effect on the amount of flue condensate

produced, so a more precise

specification is needed for the inlet

temperature. Therefore, we are

proposing that for testing a condensing

boiler, the boiler inlet water temperature

Federal Register / Vol. 65, No. 154 / Wednesday, August 9, 2000 / Proposed Rules 48847

be restricted to 80°F±5°F instead of the

range of 35°F to 80°F specified for noncondensing boilers.

5. Modular Boilers and Multiple Boilers

Participants at the DOE April 1998

workshop raised the issue of how to rate

a modular boiler assembly (consisting of

a group of identical, smaller boilers or

modules, usually of less than 400,000

Btu/h input each, installed as a unit) or

a multiple boiler system (consisting of a

group of individual boilers, not

necessarily of identical design, installed

as a system). Since a modular boiler

assembly consists of identical

individual boilers or modules, it was

suggested that for those types of

packaged boilers, only a single boiler

from the assembly needs to be tested

and rated, and that the efficiency rating

of the boiler assembly can be derived

from the efficiency of the module. For

a multiple boiler system, participants

suggested that testing and rating the

individual boilers in the system should

be sufficient, and that the rating of the

system as a whole can be derived from

the individual ratings. There was no

disagreement on either of these

suggestions from the workshop

attendees, and at the October 1998

workshop, NIST recommended these

suggestions for adoption.

The Department is proposing today

that the efficiency rating for a packaged

modular boiler system with the

individual modules or boilers of

identical design and construction may

be based on the rating for only one

boiler module in the assembly. For a

multiple boiler system where the

individual boilers are of different

designs, each boiler of a different design

will be considered a separate packaged

boiler and must meet the minimum

efficiency standard by using the test

procedure prescribed for this product.

6. Testing and Rating a Steam and Hot

Water Boiler

The test procedures DOE proposes

today provide methods for testing both

hot water and steam boilers. A packaged

boiler designed to produce only hot

water or only steam would obviously be

tested and rated for efficiency under

today’s proposed rules only in the

applicable mode. As to boilers capable

of supplying either hot water or steam,

DOE understands that manufacturers

customarily test and rate them in the

steam mode, and only sometimes in the

hot water mode. Moreover, participants

at the April 1998 workshop indicated

that industry practice is commonly to

use the efficiency rating derived from

the steam boiler test as the efficiency

rating when the boiler is sold as a hot

water boiler. (April 14 workshop at page

226) Since the steam test will generally

provide an efficiency rating lower than

the rating obtained by a hot water test,

NIST recommended that we should also

accept this practice. (October 13

Workshop at page 199)

In view of the above, DOE proposes to

require that a boiler that can be used for

both steam and hot water applications

must be tested as a steam boiler, as

required by HI–1989 (see Sections

8.1.4.1 and 8.1.4.2 of HI–1989), and that

such efficiency rating must be reported

to DOE and used to determine whether

the boiler complies with the applicable

efficiency standard. We also propose to

allow the manufacturer the option of

either using such efficiency rating for

both the steam and water operations of

the boiler, or, if the manufacturer

prefers to report a different rating for

water operation, using a rating obtained

by also testing the boiler in accordance

with the test procedure for a hot water

boiler, as allowed in HI–1989. Section

431.362(d)(1)(ii) of the proposed rule

implements the testing aspect of these

proposals. Although the proposed rule

does not include language

implementing the rating and reporting

proposals, DOE intends to include it in

the final rule.

III. Procedural Requirements

A. Review Under the National

Environmental Policy Act of 1969

EPCA prescribes energy efficiency

standards and test procedures for

commercial products, and in today’s

rule, we propose to implement these

requirements for commercial packaged

boilers. We have reviewed the proposed

rule under the National Environmental

Policy Act of 1969 (NEPA), 42 U.S.C.

4321 et seq., the regulations of the

Council on Environmental Quality, 40

CFR Parts 1500–1508, the Department’s

regulations for compliance with NEPA,

10 CFR Part 1021, and the Secretarial

Policy on the National Environmental

Policy Act (June 1994). Implementation

of the proposed rule would not result in

environmental impacts. We have

therefore determined that the proposed

rule is covered under the Categorical

Exclusion found at paragraph A6 of

appendix A to subpart D of the

Department’s NEPA Regulations, which

applies to rulemakings that are strictly

procedural. Accordingly, neither an

environmental assessment nor an

environmental impact statement is

required.

B. Review Under Executive Order 12866,

‘‘Regulatory Planning and Review’

Today’s proposed rule has been

determined not to be a ‘‘significant

regulatory action,’’ as defined in section

3(f) of Executive Order 12866,

‘‘Regulatory Planning and Review.’’ 58

FR 51735 (October 4, 1993).

Accordingly, this action was not subject

to review under the Executive Order by

the Office of Information and Regulatory

Affairs.

C. Review Under the Regulatory

Flexibility Act

The Regulatory Flexibility Act of

1980, 5 U.S.C. 603, requires the

preparation of an initial regulatory

flexibility analysis for every rule which

the agency must propose for public

comment, by law, unless the agency

certifies that the rule, if promulgated,

will not have a significant economic

impact on a substantial number of small

entities. A regulatory flexibility analysis

examines the impact of the rule on

small entities and considers alternative

ways of reducing negative impacts.

The Small Business Administration

considers an entity to be a small

business if, together with its affiliates, it

employs fewer than a threshold number

of workers specified in 13 CFR Part 121.

The threshold number for SIC

classification 3433, which includes

commercial packaged boilers, and other

non-electric heating equipment, is 500.

We estimate that no more than 29 firms

manufacture commercial packaged

boilers, and of these, the majority are

considered small businesses. The

number of small businesses that

manufacture commercial-sized

packaged boilers covered by the EPACT

standards (with capacities of 300,000

Btu per hour and above) could be

smaller.

EPCA establishes efficiency standards

for commercial packaged boilers and

requires the Department to prescribe test

procedures that are accepted by

industry and referenced in ASHRAE

Standard 90.1. For the most part, EPCA

specifies the standards and test

procedures incorporated in today’s

proposed rule. Therefore, any costs of

complying with them are imposed by

EPCA and not the rule. Moreover,

today’s proposed rule codifies testing

procedures that are already generally

employed by manufacturers, both large

and small.

The cost of meeting the requirements

of today’s proposed rule will depend on

the number of basic models a

manufacturer produces and the number

of these models that do not comply with

the efficiency standards imposed by

48848 Federal Register / Vol. 65, No. 154 / Wednesday, August 9, 2000 / Proposed Rules

EPCA and would consequently need to

be redesigned or removed from the

market. Since the efficiency standards

have been in force by statute since 1994,

we expect that a negligible number of

products presently manufactured would

need to be redesigned or discontinued.

The cost of performing the proposed test

procedures depends on unit size, but

could amount to several thousands of

dollars per basic model. To the extent

that manufacturers must already test

their products for efficiency to assure

that they meet the existing statutory

efficiency standards, or for any other

reason, they will not incur new costs in

complying with today’s proposed rule.

We believe that any significant

economic impact will fall only on those

firms which do not now routinely test

their products. We further believe that

testing is a widely accepted practice,

and that companies that do not test are

rare and do not represent a substantial

number of small entities.

We have, at most, very limited

discretion to apply different

requirements to small manufacturers.

EPCA mandates uniform standards and

test procedures for commercial

products. In this regard, it is noteworthy

that although EPCA contains a ‘‘small

manufacturer exemption’’ for consumer

products (42 U.S.C. 6295 (t)), it includes

no such exemption for commercial and

industrial products.

Based on the above, we conclude that

the proposed rule would not impose a

significant impact on a substantial

number of small businesses.

D. Review Under Executive Order

13132, ‘‘Federalism’’

Executive Order 13132 (64 FR 43255,

August 4, 1999) imposes certain

requirements on agencies formulating

and implementing policies or

regulations that preempt State law or

that have Federalism implications.

Agencies are required to examine the

constitutional and statutory authority

supporting any action that would limit

the policymaking discretion of the

States and carefully assess the necessity

for such actions. The proposed rule

published today would not regulate the

States. The proposed rule would

primarily codify energy efficiency

standards and test procedures already

established in EPCA for commercial

packaged boilers. We have determined

that today’s rule does not have a

substantial direct effect on the States, on

the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. No further action

is required by Executive Order 13132.

E. Review Under Executive Order 12630,

‘‘Governmental Actions and

Interference With Constitutionally

Protected Property Rights’

We have determined under Executive

Order 12630, ‘‘Governmental Actions

and Interference with Constitutionally

Protected Property Rights,’’ 52 FR 8859

(March 18, 1988), that this proposed

rule would not result in any takings

which might require compensation

under the Fifth Amendment to the

United States Constitution.

F. Review Under the Paperwork

Reduction Act

Today’s proposed rule will primarily

codify energy efficiency standards and

test procedures already established in

EPCA for commercial packaged boilers

and will not require any additional

reports or record-keeping. Accordingly,

this action was not subject to review

under the Paperwork Reduction Act.

G. Review Under Executive Order

12988, ‘‘Civil Justice Reform’’

With respect to the review of existing

regulations and the promulgation of

new regulations, Section 3(a) of

Executive Order 12988, ‘‘Civil Justice

Reform,’’ 61 FR 4729 (February 7, 1996),

imposes on executive agencies the

general duty to adhere to the following

requirements: (1) Eliminate drafting

errors and ambiguity; (2) write

regulations to minimize litigation; and

(3) provide a clear legal standard for

affected conduct rather than a general

standard and promote simplification

and burden reduction. With regard to

the review required by Section 3(a),

Section 3(b) of the Executive Order

specifically requires that Executive

agencies make every reasonable effort to

ensure that the regulation: (1) Clearly

specifies the preemptive effect, if any;

(2) clearly specifies any effect on

existing Federal law or regulation; (3)

provide a clear legal standard for

affected conduct while promoting

simplification and burden reduction; (4)

specifies the retroactive effect, if any; (5)

adequately defines key terms; and (6)

addresses other important issues

affecting clarity and general

draftsmanship under any guidelines

issued by the Attorney General. Section

3 (c) of the Executive Order requires

agencies to review regulations in light of

applicable standards Section 3(a) and

Section 3(b) to determine whether they

are met or it is unreasonable to meet one

or more of them.

We reviewed today’s proposed rule

under the standards of Section 3 of the

Executive Order and determined that, to

the extent permitted by law, it meets the

requirements of those standards.

H. Review Under Section 32 of the

Federal Energy Administration Act of

1974

Under section 301 of the Department

of Energy Organization Act (Pub. L. 95–

91), the Department of Energy must

comply with section 32 of the Federal

Energy Administration Act of 1974, as

amended by the Federal Energy

Administration Authorization Act of

1977. 15 U.S.C. 788. Section 32 provides

in essence that, where a proposed rule

contains or involves use of commercial

standards, the notice of proposed

rulemaking must inform the public of

the use and background of such

standards.

The rule proposed in this notice

incorporates certain commercial

standards which EPCA requires to be

used. These include testing standards

referenced by ASHRAE Standard 90.1–

1989 for the measurement of steady

state combustion efficiency of

commercial packaged boilers. Because

we have very limited discretion to

depart from the standards referenced in

ASHRAE/IES 90.1, Section 32 of the

FEAA does not apply to them.

The only standard incorporated in

this proposed rule that is not referenced

by ASHRAE Standard 90.1–1989 is

ASHRAE Standard 103–1993, ‘‘ Method

of Testing for Annual Fuel Utilization

Efficiency of Residential Central

Furnaces and Boilers.’’ We propose to

adopt this standard to obtain a suitable

optional test procedure for condensing

boilers, which are not covered by the

test procedures in ASHRAE Standard

90.1–1989. We have evaluated this

standard and are unable to conclude

whether it fully complies with the

requirements of section 32(b) of the

Federal Energy Administration Act, i.e.,

that it was developed in a manner that

fully provides for public participation,

comment and review.

As required by section 32(c) of the

Federal Energy Administration Act, we

will consult with the Attorney General

and the Chairman of the Federal Trade

Commission concerning the impact of

this standard on competition, prior to

prescribing a final rule.

I. Review Under Unfunded Mandates

Reform Act of 1995

Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’) requires

that we prepare a budgetary impact

statement before promulgating a rule

that includes a Federal mandate that

may result in expenditure by state,

local, and tribal governments, in the

Federal Register / Vol. 65, No. 154 / Wednesday, August 9, 2000 / Proposed Rules 48849

aggregate, or by the private sector, of

$100 million or more in any one year.

The budgetary impact statement must

include: (i) Identification of the Federal

law under which the rule is

promulgated; (ii) a qualitative and

quantitative assessment of anticipated

costs and benefits of the Federal

mandate and an analysis of the extent to

which such costs to state, local, and

tribal governments may be paid with

Federal financial assistance; (iii) if

feasible, estimates of the future

compliance costs and of any

disproportionate budgetary effects the

mandate has on particular regions,

communities, non-Federal units of

government, or sectors of the economy;

(iv) if feasible, estimates of the effect on

the national economy; and (v) a

description of the Department’s prior

consultation with elected

representatives of state, local, and tribal

governments and a summary and

evaluation of the comments and

concerns presented.

We have determined that the action

proposed today does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to state, local or to tribal governments in

the aggregate or to the private sector.

Therefore, the requirements of Sections

203 and 204 of the Unfunded Mandates

Act do not apply to this action.

J. Review Under the Plain Language

Directives

The President’s Memorandum on

‘‘Plain Language in Government

Writing,’’ 63 FR 31885 (June 10, 1998)

directs each Federal agency to write all

published rulemaking documents in

plain language. The Memorandum

includes general guidance on what

constitutes ‘‘plain language.’’ Plain

language requirements will vary from

one document to another, depending on

the intended audience, but all plain

language documents should be logically

organized and clearly written.

We have tried to make this proposed

rule easy to understand. We are also

requesting suggestions on how to

improve its readability further.

K. Review Under the Treasury and

General Government Appropriations

Act, 1999

Section 654 of the Treasury and

General Government Appropriations

Act, 1999 (Pub. L. No. 105–277) requires

Federal agencies to issue a Family

Policymaking Assessment for any

proposed rule or policy that may affect

family well-being. Today’s proposal

would not have any impact on the

autonomy or the integrity of the family

as an institution. Accordingly, DOE has

concluded that it is not necessary to

prepare a Family Policymaking

Assessment.

IV. Public Comment

A. Written Comment Procedures

We invite interested persons to

participate in the proposed rulemaking

by submitting data, comments, or

information with respect to the issues

set forth in today’s proposed rule to Ms.

Brenda Edwards-Jones, at the address

indicated at the beginning of the notice.

We will consider all submittals received

by the date specified at the beginning of

this notice in developing the final rule.

According to 10 CFR 1004.11, any

person submitting information which he

or she believes to be confidential and

exempt by law from public disclosure

should submit one complete copy of the

document and ten (10) copies, if

possible, from which the information

believed to be confidential has been

deleted. The Department of Energy will

make its own determination with regard

to the confidential status of the

information and treat it according to its

determination.

Factors of interest to us when

evaluating requests to treat as

confidential information that has been

submitted include:

(1) A description of the items;

(2) An indication as to whether and

why such items are customarily treated

as confidential within the industry;

(3) Whether the information is

generally known by or available from

other sources;

(4) Whether the information has

previously been made available to

others without obligation concerning its

confidentiality;

(5) An explanation of the competitive

injury to the submitting person which

would result from public disclosure;

(6) An indication as to when such

information might lose its confidential

character due to the passage of time; and

(7) Why disclosure of the information

would be contrary to the public interest.

B. Public Workshop

1. Procedures for Submitting Requests

To Speak

You will find the time and place of

the public workshop listed at the

beginning of this notice of proposed

rulemaking. We invite any person who

has an interest in today’s notice of

proposed rulemaking, or who is a

representative of a group or class of

persons that has an interest in these

proposed rules, to make a request for an

opportunity to make an oral

presentation. If you would like to attend

the public workshop, please notify Ms.

Brenda Edwards-Jones at (202) 586–

2945. You may hand deliver requests to

speak to the address indicated at the

beginning of this notice between the

hours of 8 a.m. and 4 p.m., Monday

through Friday, except Federal holidays,

or send them by mail.

The person making the request should

state why he or she, either individually

or as a representative of a group or class

of persons, is an appropriate

spokesperson, briefly describe the

nature of the interest in the rulemaking,

and provide a telephone number for

contact. We request each person

selected to be heard to submit an

advance copy of his or her statement at

least two weeks prior to the date of this

workshop as indicated at the beginning

of this notice. We, at our discretion, may

permit any person wishing to speak who

cannot meet this requirement to

participate if that person has made

alternative arrangements with the Office

of Building Research and Standards in

advance. The letter making a request to

give an oral presentation must ask for

such alternative arrangements.

2. Conduct of Workshop

The Department will designate a

Department official to preside at the

workshop and we may also use a

professional facilitator to facilitate

discussion. The workshop will not be a

judicial or evidentiary-type hearing, but

the Department will conduct it in

accordance with 5 U.S.C. 553 and

Section 336 of the Act and a court

reporter will be present to record the

transcript of the workshop. We reserve

the right to schedule the presentations

by workshop participants, and to

establish the procedures governing the

conduct of the workshop.

The Department will permit each

participant to make a prepared general

statement, limited to five (5) minutes,

prior to the discussion of specific topics.

The general statement should not

address these specific topics, but may

cover any other issues pertinent to this

rulemaking. The Department will permit

other participants to briefly comment on

any general statements. We will divide

the remainder of the hearing into

segments, with each segment consisting

of one or more of the following specific

topics covered by this notice:

Packaged Boiler Definition and Scope of

Coverage

• Method of Shipment and Assembly.

• Boiler Application.

• Boiler Capacity.

• Boiler Operation.

48850 Federal Register / Vol. 65, No. 154 / Wednesday, August 9, 2000 / Proposed Rules

Test Procedures and Energy Efficiency

Standards for Commercial Packaged

Boilers

• Test Procedure and Test Conditions

for Low Pressure Boilers.

• Test Procedure and Test Conditions

for High Pressure Boilers.

• Boilers Designed for Low Water

Temperature Applications.

• Condensing Boilers.

• Modular Boilers and Multiple

Boilers.

• Testing and Rating a Steam and Hot

Water Boiler.

• Other Test Standard Topics.

The Department will introduce each

topic with a brief summary of the

relevant provisions of the proposed rule,

and the significant issues involved. We

will then permit participants in the

hearing to make a prepared statement

limited to five (5) minutes on that topic.

At the end of all prepared statements on

a topic, the Department will permit each

participant to briefly clarify his or her

statement and comment on statements

made by others. Participants should be

prepared to answer questions by us and

by other participants concerning these

issues. Our representatives may also ask

questions of participants concerning

other matters relevant to the hearing.

The total cumulative amount of time

allowed for each participant to make

prepared statements must be 20

minutes.

The official conducting the hearing

will accept additional comments or

questions from those attending, as time

permits. The presiding official will

announce any further procedural rules,

or modification of the above procedures,

needed for the proper conduct of the

hearing.

We will make the entire record of this

rulemaking, including the transcript,

available for inspection in the

Department’s Freedom of Information

Reading Room. Any person may

purchase a copy of the transcript from

the transcribing reporter.

C. Issues on Which Comments Are

Requested

We are interested in receiving

comments and/or data concerning the

feasibility, workability and

appropriateness of the test procedures

proposed in today’s rulemaking. Also,

we welcome discussion on

improvements or alternatives to the

proposed approaches. We also invite

comments on how to make this

proposed rule easier to understand. For

example:

• Are the requirements in the rule

clearly stated?

• Have we organized the material to

suit your needs, or would a different

organization be better?

• Can we improve the rule’s format?

List of Subjects in 10 CFR Part 431

Administrative practice and

procedure, Energy conservation,

Incorporation by reference.

Issued in Washington, DC, on May 8, 2000.

Dan W. Reicher,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

For the reasons set forth in the

preamble, Title 10, Part 431 of the Code

of Federal Regulations is proposed to be

amended as set forth below:

PART 431—ENERGY EFFICIENCY

PROGRAM FOR CERTAIN

COMMERCIAL AND INDUSTRIAL

EQUIPMENT

1. The authority citation for Part 431

continues to read as follows:

Authority: 42 U.S.C. 6311–6316.

2. Subpart K is added to read as

follows:

Subpart K—Commercial Packaged Boilers.

Sec.

431.351 Purpose and scope.

431.352 Definitions for commercial

packaged boilers.

Test Procedures

431.361 Materials incorporated by

reference.

431.362 Uniform test method for the

measurement of energy efficiency of

commercial packaged boilers.

Energy Conservation Standards

431.371 Energy conservation standards and

effective dates.

Subpart K—Commercial Packaged

Boilers

§ 431.351 Purpose and scope.

This subpart contains energy

conservation requirements for certain

commercial packaged boilers, pursuant

to Part C of Title III of the Energy Policy

and Conservation Act, as amended, 42

U.S.C 6311–6316.

§ 431.352 Definitions for commercial

packaged boilers.

For purposes of subparts I through P

of this part, terms are defined as

provided for elsewhere in this subpart,

in section 340 of the Act, and as

follows—

Combustion efficiency for a

commercial packaged boiler means the

efficiency descriptor for packaged

boilers, determined using test

procedures prescribed under § 431.362

and equals to 100 percent minus percent

flue loss.

Commercial packaged boiler means a

packaged boiler that is a commercial

HVAC & WH product with a capacity of

300,000 Btu per hour or more which, to

any significant extent, is distributed in

commerce,

(1) For heating or space conditioning

applications in buildings, or

(2) For service water heating in

buildings but does not meet the

definition of ‘‘hot water supply boiler’’

in this part.

Condensing boiler means a packaged

boiler which will condense part of the

water vapor in the flue gases, and which

includes a means of collecting and

draining this condensate from its heat

exchanger section.

Flue condensate means liquid formed

by the condensation of moisture in the

flue gases.

Packaged boiler means a boiler that is

shipped complete with heating

equipment, mechanical draft equipment

and automatic controls; usually shipped

in one or more sections. If the boiler is

shipped in more than one section, the

sections may be produced by more than

one manufacturer, and may be

originated or shipped at different times

and from more than one location.

Packaged high pressure steam and

high temperature water boiler means a

commercial packaged boiler which

operates at a steam pressure higher than

15 psig for a steam boiler, and at a water

pressure above 160 psig or at a water

temperature exceeding 250°F, or both,

for a high temperature water boiler.

Packaged low pressure steam and hot

water boiler means a commercial

packaged boiler which operates at or

below a steam pressure of 15 psig for a

steam boiler, and at or below 160 psig

pressure and 250°F temperature for a

hot water boiler.

Test Procedures

§ 431.361 Materials incorporated by

reference.

(a) The Department incorporates by

reference the following test procedures

which are not otherwise set forth in this

part 431. The Director of the Federal

Register has approved the material

listed in paragraph (b) of this section for

incorporation by reference in

accordance with 5 U.S.C. 552(a) and 1

CFR part 51. Any subsequent

amendment to this material by the

standard-setting organization will not

affect the DOE test procedures unless

and until DOE amends its test

procedures. The Department

incorporates the material as it exists on

the date of the approval and a notice of

any change in the material will be

published in the Federal Register.

Federal Register / Vol. 65, No. 154 / Wednesday, August 9, 2000 / Proposed Rules 48851

(b) List of test procedures

incorporated by reference. (1) The

Hydronics Institute (HI) Standard

‘‘Testing and Rating Standard for

Heating Boilers’’, 6th Edition, 1989

(‘‘1989 HI Standard’’).

(2) The American Society of

Mechanical Engineers Power Test Codes

for Steam Generating Units, ASME PTC

4.1–1964, Reaffirmed 1991 (Including

1968 and 1969 Addenda) (‘‘ASME PTC

4.1’’).

(3) American Society of Heating,

Refrigerating and Air-Conditioning

Engineers, Inc. (ASHRAE) Standard

103–1993, ‘‘Method of Testing for

Annual Fuel Utilization Efficiency of

Residential Central Furnaces and

Boilers’’, Sections 7.2.2.4, 7.8, 9.2,

11.2.7.1 and 11.3.7.2.

(4) American National Standards

Institute (ANSI) Standard Z21.13–1993,

‘‘Gas-Fired Low Pressure Steam and Hot

Water Boilers’’, Exhibit D.

(c) Availability of references.

(1) Inspection of test procedures. The

test procedures incorporated by

reference are available for inspection at:

(i) Office of the Federal Register, 800

North Capitol Street, NW, Suite 700,

Washington, DC.

(ii) U.S. Department of Energy, Office

of Energy Efficiency and Renewable

Energy, Hearings and Dockets, ‘‘Test

Procedures and Efficiency Standards for

Commercial Packaged Boilers,’’ Docket

No. EE–RM/TP–99–470, 1000

Independence Avenue, SW,

Washington, DC 20585.

(2) Obtaining copies of Standards.

Anyone can obtain a copy of standards

incorporated by reference from the

following sources:

(i) Request copies of the ASHRAE

Standards from the American Society of

Heating, Refrigerating, and AirConditioning Engineers, Inc., 1971

Tullie Circle, NE, Atlanta, GA 30329, or

http://www.ashrae.org/book/

bookshop.htm.

(ii) Request copies of the ANSI

Standard from Global Engineering

Documents, 15 Inverness Way West,

Englewood, CO 80112, or http://

global.ihs.com/, or http://

webstore.ansi.org/ ansidocstore/.

(iii) Request copies of the HI Standard

from the Hydronics Institute Inc., 35

Russo Place, Berkeley Heights, NJ

07922, or http://www.gamanet.org/

publist/hydroordr.htm.

(iv) Request copies of the ASME

Standard from the American Society of

Mechanical Engineers, 345 East 47th

Street, New York, NY 10017, or http://

www.asmeny.org/catalog.

§ 431.362 Uniform test method for the

measurement of energy efficiency of

commercial packaged boilers.

(a) Scope. This section covers the test

procedures you must follow if, pursuant

to EPCA, you are measuring the steady

state combustion efficiency of a gasfired and oil-fired, packaged commercial

boiler having a rated capacity of 300,000

Btu per hour or more.

(b) Definitions. For purposes of this

section, the Department incorporates by

reference the definitions specified in

section 3.0 of the Hydronics Institute

Testing and Rating Standard for Heating

Boilers, sixth edition, June 1989, with

the exception of the definition for the

terms packaged boiler, condensing

boilers, packaged low pressure steam

and hot water boiler, and packaged high

pressure steam and high temperature

water boiler.

(c) Test Setup. (1) Test Setup for

Packaged Low Pressure Steam and Hot

Water Boilers. (i) Classifications: If you

employ boiler classification, you must

classify boilers as given in section 4.0 of

the 1989 Hydronics Institute Testing

and Rating Standard for Heating Boilers.

(ii) Requirements: You must conduct

the combustion efficiency test as given

in sections 5.1.2, (Combustion

Efficiency Test), 5.4 (Basis of Ratings,

sec. 5.4.1, 5.4.4, 5.4.5, and 5.4.6) of the

1989 Hydronics Institute Testing and

Rating Standard for Heating Boilers.

(iii) Instruments and Apparatus: You

must follow the requirements for

instruments and apparatus in sections 6

(Instruments) and 7 (Apparatus, with

the exception of sec. 7.2.3 which is for

boilers of less than 300,000 Btu per hour

capacity) of the 1989 Hydronics

Institute Testing and Rating Standard

for Heating Boilers.

(iv) Test Conditions: Use test

conditions from section 8.0 of the 1989

Hydronics Institute Testing and Rating

Standard for Heating Boilers, with the

exception of subsection 8.5.1, in place

of which you must use the following

paragraphs:

(A) Water Temperatures—For the

water test, use a boiler inlet temperature

of 35°F to 80°F and a boiler outlet

temperature of 180°F±2°F.

(B) Inlet Water Temperature for

Condensing Boilers—To test the boiler

as a condensing boiler (see paragraph

(d)(1)(ii) of this section for condensing

boilers), set the inlet water temperature

to 80°F±5°F.

(v) Alternative Test Procedure for

Testing Low Pressure Steam and Hot

Water Boilers. Instead of the 1989

Hydronics Institute Testing and Rating

Standard for Heating Boilers as

specified in paragraphs (c)(1)(ii) and

(c)(1)(iii) of this section, you may

conduct the combustion efficiency test

for low pressure steam and hot water

boilers using the Abbreviated Efficiency

Test (Simplified Efficiency Test) as

specified in ASME PTC 4.1 (see

paragraphs (c)(2), (c)(2)(i), (c)(2)(ii)(A) of

this section). If you select the ASME

PTC 4.1 procedure for conducting the

required combustion efficiency test for

low pressure steam and hot water

boilers, you must use the test conditions

specified in paragraphs (c)(1)(iv),

(c)(1)(iv)(A), and (c)(1)(iv)(B) of this

section.

(2) Test Setup for Packaged High

Pressure Steam and High Temperature

Water Boilers, and Optional Test

Procedure for Packaged Low Pressure

Steam and Hot Water Boilers. (i) Use the

test procedure for the efficiency test

from ASME PTC 4.1. Conduct the

combustion efficiency test with the

Abbreviated Efficiency Test (Simplified

Efficiency Test) for gas and oil fuels

described in Section 1.07 of ASME PTC

4.1.

(ii) Test Conditions for the

Combustion Efficiency.

(A) Low Pressure Steam and Hot

Water Boilers—If you select ASME PTC

4.1 for the efficiency test of low pressure

steam and hot water boilers, use test

conditions specified in paragraph

(c)(1)(iv) of this section.

(B) High Pressure Steam and High

Temperature Water Boilers—For the

efficiency test, use a test steam pressure

for high pressure steam boilers, and a

test water pressure and water

temperature for high temperature water

boilers, consistent with the normal

design point operating conditions for

which the manufacturer designed the

boiler. The boiler must be tested at the

manufacturer’s rated maximum input.

(d) Test Measurements. (1) Test

measurements for Packaged Low

Pressure Steam and Hot Water Boilers.

(i) Test for combustion efficiency

according to sections 9.1 (excluding sec.

9.1.1.2.3 and 9.1.2.2.3), 9.2 and 10.2 of

the 1989 Hydronics Institute Testing

and Rating Standard for Heating Boilers,

except that you must replace the boiler

water inlet temperature, boiler water

outlet temperature, and boiler water

temperature rise (outlet minus inlet) in

sections 9.1.2.1.1 and 9.1.2.1.3 of the HI

test standard with the inlet and outlet

temperatures specified in paragraphs

(c)(1)(iv)(A) (for non-condensing boilers)

and (c)(1)(iv)(B) (for condensing boilers)

of this section.

(ii) Procedure for the Measurement of

Condensate for a Condensing Boiler.

With the inlet water temperature as

specified in paragraph (c)(1)(iv)(B) of

this section, measure the condensate

from the flue gas under steady state

48852 Federal Register / Vol. 65, No. 154 / Wednesday, August 9, 2000 / Proposed Rules

operation according to sections 7.2.2.4,

7.8 and 9.2 of ASHRAE Standard 103–

1993 under the rated input conditions.

Conduct the measurement during an

additional 30 minutes of steady state

operation after completing the steady

state combustion efficiency test in

paragraph (d)(1)(i) of this section.

(iii) Steam and Hot Water Boilers.

Test a steam and hot water boiler as a

steam boiler for its combustion

efficiency. Optionally, you may also test

this boiler as a hot water boiler to obtain

a combustion efficiency rating when the

boiler is operated as a hot water boiler.

(2) Test measurements for Packaged

High Pressure Steam and High

Temperature Water Boilers, and

Optional Test Procedure for Packaged

Low Pressure Boilers. Use the test

procedure from Section 5, Efficiency by

Heat Loss Method, of ASME PTC 4.1.

(e) Calculations. (1) Calculations for

Packaged Low Pressure Steam and Hot

Water Boilers. (i) Combustion

Efficiency. Use the calculation

procedure for combustion efficiency test

specified in section 11.2 of the 1989

Hydronics Institute Testing and Rating

Standard for Heating Boilers (except

that for gas fuel, do not calculate Item

9 of sec. 11.2.1 which is for oil fuel

only). For gas-fired boilers, instead of

using section 11.2 of the 1989 HI

Standard to calculate the flue loss, you

may calculate the flue loss by the

procedure specified in Exhibit D of the

ANSI Standard Z21.13a–1993.

(ii) Procedure for the Calculation of

the Additional Heat Gain and Heat loss,

and Adjustment to the Combustion

Efficiency, for a Condensing Boiler.

(A) Procedure for the Calculation of

the Additional Heat Gain and Heat loss.

After following the procedure for the

measurement of flue condensate of

paragraph (d)(1)(ii) of this section,

calculate the latent heat gain from the

condensation of the water vapor in the

flue gas and heat loss due to the flue

condensate down the drain according to

section 11.3.7.1 and 11.3.7.2 of

ASHRAE Standard 103–1993, with the

exception that in the equation for the

heat loss due to hot flue condensate

flowing down the drain in section

11.3.7.2, replace the indoor temperature

of 70°F and the temperature term TOA

by the measured room ambient

temperature as determined in section

8.4.3 of the 1989 Hydronics Institute

Testing and Rating Standard for Heating

Boilers.

(B) Adjustment to the Combustion

Efficiency for a Condensing Boiler.

Adjust the combustion efficiency

calculated in paragraph (e)(1)(i) of this

section by adding the latent heat gain

from the condensation of the water

vapor in the flue gas, and by subtracting

the heat loss (due to the flue condensate

down the drain) as calculated in

(e)(1)(ii)(A) of this section, to obtain the

combustion efficiency of a condensing

boiler.

(2) Calculations for Packaged High

Pressure Steam and High Temperature

Water Boilers, and for the Alternative

Test Procedure (paragraph (c)(1)(v) of

this section) for Packaged Low Pressure

Boilers. Use the Abbreviated Efficiency

Test by the heat loss method for gas or

oil fuel as specified in section 7.3 and

the Test Forms for the Abbreviated

Efficiency Test, PTC 4.1–a (Summary

Sheet) and PTC 4.1–b (Calculation

Sheet), of ASME PTC 4.1 to determine

the combustion efficiency, except that

you must set the following specific heat

loss terms (as listed in section 7.3 of

ASME PTC 4.1) to 0: sections 7.3.2.03

(moisture in fuel), 7.3.2.01 (combustible

in dry refuse), 7.3.2.10 (radiation to

surroundings), 7.3.2.05 through 7.3.2.09

and 7.3.2.11 through 7.3.2.14

(unmeasured losses).

Energy Efficiency Standards

§ 431.371 Energy conservation standards

and effective dates.

Each commercial packaged boiler

manufactured on or after January 1,

1994 must meet the following energy

efficiency standard levels:

(a) For a gas-fired packaged boiler

with a capacity of 300,000 Btu per hour

or more, the combustion efficiency at

the maximum rated capacity must be

not less than 80 percent.

(b) For an oil-fired packaged boiler

with a capacity of 300,000 Btu per hour

or more, the combustion efficiency at

the maximum rated capacity must be

not less than 83 percent.

[FR Doc. 00–19721 Filed 8–8–00; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Office of Energy Efficiency and

Renewable Energy

10 CFR Part 431

[Docket No. EE–RM/TP–99–480]

RIN 1904–AA95

Energy Efficiency Program for Certain

Commercial and Industrial Equipment:

Test Procedures and Efficiency

Standards for Commercial Water

Heaters, Hot Water Supply Boilers and

Unfired Hot Water Storage Tanks

AGENCY: Office of Energy Efficiency and

Renewable Energy, Department of

Energy.

ACTION: Proposed rule and public

hearing.

SUMMARY: The Energy Policy and

Conservation Act, as amended (EPCA),

establishes energy efficiency standards

and test procedures for certain

commercial products, including

commercial water heaters, hot water

supply boilers and unfired hot water

storage tanks. The Department of Energy

(we, DOE, or the Department) proposes

regulations to implement the standards

and test procedures for these

commercial water heaters, hot water

supply boilers and unfired hot water

storage tanks.

DATES: The Department will accept

comments, data, and information

regarding the proposed rule until

October 23, 2000. Please submit a

signed original and ten (10) copies. In

addition, we request that you provide an

electronic copy (31⁄2′′ diskette) of the

comments in WordPerfectTM 8.

We will hold a public hearing

(workshop) on September 20, 2000, in

Washington, DC. Please send requests to

speak at the workshop so that we

receive them by 4:00 p.m., on

September 6, 2000. Send ten (10) copies

of your statements for the public

workshop so that we receive them by

4:00 p.m., on September 13, 2000. We

also request a computer diskette

(WordPerfectTM 8) of each statement.

ADDRESSES: Please submit written

comments, oral statements, and requests

to speak at the workshop to Brenda

Edwards-Jones, U.S. Department of

Energy, Office of Energy Efficiency and

Renewable Energy, EE–41, Docket No.

EE–RM/TP–99–480, 1000 Independence

Avenue, SW, Washington, DC 20585.

You may send email to:

brenda.edwards-jones@ee.doe.gov. The

workshop will begin at 9:00 a.m., on

September 20, 2000, in Room 1E–245 at

the U.S. Department of Energy, Forrestal

Building, 1000 Independence Avenue,

SW, Washington, DC. You can find

more information concerning public

participation in this rulemaking

proceeding in section IV, ‘‘Public

Comment,’’ of this notice.

You can read the transcript of the

public workshop and public comments

received in the Freedom of Information

Reading Room (Room No. 1E–190) at the

U.S. Department of Energy, Forrestal

Building, 1000 Independence Avenue,

SW., Washington, DC 20585, between

the hours of 9:00 a.m. and 4:00 p.m.,

Monday through Friday, except Federal

holidays.

You can obtain the latest information

regarding the public workshop from the

Office of Building Research and

Standards world wide web site at the