### Wednesday, 

### August 

## 9, 2000



# Part II



# Department of Energy

Office of Energy Efficiency and Renewable Energy

10 CFR Part 431 Energy Efficiency Program for Certain Commercial and Industrial Equipment:
Test Procedures and Efficiency Standards for Commercial Air 

### Conditioners and
Heat Pumps, Commercial Packaged Boilers, Commercial Water Heaters, Hot
Water Supply Boilers and Unfired Hot
Water Storage Tanks; Proposed Rules

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

TABLE 2.-MINIMUM HEATING EFFICIENCY LEVELS-Continued

Product Category Cooling capacity Subcategory Efficiency Level 2

Large Commercial Air Cooled

.................. 135,000 Btuth and Split System and Sin- COP =2.9

Packaged Air Con-**~40,OOO** Btuth. gle Package. ditioning and Heating Equipment. Packaged Terminal All

............................... All

............................... All

............................... COP = 1.3+(0.16 x the applicable minimum

Heat Pumps. cooling EER prescribed in Table 1-Minimum Cooling Efficiency Levels)

2A11 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 aml

BlLUNG CODE**8450-41~**

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part431
[Docket No. EE-RMlTP-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 ofEnergy Efficiency and Renewable Energy, Department of Energy.

ACTION: Notice ofproposed 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 ofEnergy (we, DOE, or the Department) proposes regulations to implement the standards and test procedures for theseboilers.

DATES: TheDepartment will accept comments, data, and information regarding theproposed rule until October 23,2000. Please submitten (10) copies. In addition, we request that you provide an electronic copy (31f2" diskette) ofthe comments in WordPerfectTM 8.

We will hold a public hearing (workshop) on September 20,2000, in Washington, DC. Please sendrequests to speak atthe workshop so that we receive themby4 p.m., September 6, 2000. Sendten (10) copies ofyour 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 ofEnergy 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 lE-245 at the U.S. Department ofEnergy, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC. You can find

more information concerning public participation inthis rulemaking proceeding in section IV, "Public Comment." ofthis notice ofproposed rulemaking.

You can read thetranscript ofthe public workshop and public comments received in the Freedom ofInformation Reading Room.(Room No. lE-190) at the U.S. Department ofEnergy. Forrestal Building. 1000 Independence Avenue, SW

.. Washington. DC 20585, between the hours of9:00 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 ofBuilding Research and Standards worldwide web site at the following address: http:// www.eren.doe.govlbuildings/ codes standards/index.htm

FOR FURTHER INFORMATION CONTACT: Cyrus H. Nasseri, U.S. Department of Energy, Office ofEnergy 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, orEdward Levy, Esq, U.S. Department ofEnergy, Office ofGeneral 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 ofHeating. 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 ofMechanical Engineers (ASME) PTC 4.1-1964/RA1991. "PowerTest Codes for Steam Generating Units." The proposed rule would also incorporate by reference, ASHRAE Standard 103-1993, "Method ofTesting for Annual Fuel Utilization Efficiency ofResidential Central Furnaces and Boilers," for its test procedure with respectto condensing boilers.

You can view copies ofthese standards at the Department ofEnergy's Freedom ofInformation Reading Room
at the address stated above. You can also obtain copies oftheASHRAE. ANSI, HI. and ASME Standards from. the American Society ofHeating, Refrigerating, and Air-Conditioning Engineers, Inc

.. 1971 Tullie Circle, NE, Atlanta, GA 30329, Internet URL: http:/ /www.ashrae.orglbooklbookshop.htm; Global Engineering Documents, 15 Inverness Way East, Englewood, CO 80112 or Internet URL: http:// webstore.ansi.orgl ansidocstoreI; the Hydronics Institute Inc., 35 Russo Place, Berkeley Heights, NJ 07922, Internet URL: http://www.gamanet.org/publist/ hydroordr.htm; and the American Society ofMechanical Engineers, 345 East 47th Street, New York, NY 10017, Internet URL: http://www.asmel4Y.org/ catalog, respectively.

1. Introduction

A. Authority B.Background

1. General 2. Issues ConcerningPackaged Boilers C. TheProposed Rule

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



## n. Discussion

A. General B. Commercial Packaged BoilerDefinition and Scope ofCoverage
1. Definitions 2. Method ofShipment and Assembly 3. Application 4. Capacity 5. Operating Characteristics C. Commercial Packaged BoilerTest Procedures for the Measurement of Energy Efficiency
1. TestProcedure and Test Conditions for

Low Pressure Steam and Hot water Boilers 2. Testing for High Pressure Steam and

High TemperatureWater Boilers 3. Provisions for Low Water Temperature

Applications 4. Provisions for CondensingBoilers 5. ModularBoilers and Multiple Boilers 6. Testing andRating a Steam and Hot

Water Boiler



## m. Procedural Requirements

A. Review Under the National Environmental Policy Act of 1969 B. Review UnderExecutive Order 12866. "Regulatory Planning and Review" C. Review Under the Regulatory Flexibility Act D. Review UnderExecutive Order 13132. "Federalism" E. Review UnderExecutive Order 12630. "Governmental Actions and Interference with Constitutionally Protected Property Rights" F. Review Under thePaperworkReduction Act G. Review UnderExecutive Order 12988. "Civil Justice Reform" H. Review Under Section 32 ofthe Federal Energy Administration Act of 1974 1. Review Under Unfunded Mandates Reform Act of1995 

### J. Review Under the Plain Language Directives K. Review Under the Treasury and General Government Appropriations Act. 1999

IV.PublicComment

A. Written Comment Procedures B. Public Workshop

1. Procedures for submittingrequests to

speak 2. Conduct ofworkshop C. Issues on which Comments are Requested



### I. Introduction

A.

### Authority

Part B ofTitle ill ofthe 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 ConservationProgram for ConsumerProducts otherthan Automobiles." Part 3 ofTitle IV of NECPA amended EPCA to add "Energy Efficiency ofIndustrial Equipment." which included air conditioning equipment. boilers. and othertypes 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 andreports 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 whichreflect energy efficiency.
energy use and estimated operating
costs. andthat 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. "thetestprocedures shall be those generally accepted industry testing procedures or rating procedures developed or recognized by the American Society ofHeating. Refrigerating and Air Conditioning Engineers. as referenced in ASHRAEI IES Standard 90.1 and in effect on June 30,1992." 42 U.S.c. 6314(a)(4)(A). Further. ifsuch an industry testing or rating proceduregets amended, DOE
must revise its test procedure tobe consistent with the amendment. unless the Secretary determines. based on clear and convincing evidence. thatto 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 applicableto 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 inbroadcast advertisement respecting the energy consumption or cost of
energy consumedby such product. unless ithas been tested in accordance withthe prescribedprocedure and such representation fairly discloses the results ofthe testing. 42 U.S.C. 6314(d).

Finally. EPACT extends certain
powers. originally granted to the Secretary under NAECA, to require manufacturers ofproducts covered by this proposedrule to submit information andreports for a variety of purposes, including insuring compliance with requirements. See 42 U.S.C. 6316(a).

B. Background

1. General

The Department ofEnergy has an energy conservation program for

consumer products. and a few commercial products. conducted under Part B ofTitle III ofEPCA, 42 U.S.C. 6291-6309. UnderEPCA. this program essentially consists offour 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 ofthe
program as codified in Title 10 ofthe Code ofFederal 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 ofFederal 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 thanthe FTC. to administerthe 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 inthe development ofrules for commercial heating. air conditioning and water heatingproducts. We requested
comments on a number ofspecific 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 duringthe public workshop and written comments that were received afterwardshelpedrefine the issues involved in this rulemaking and provided useful information contributingto theirresolution. We convened a second public workshop on October 18.1998. to obtain comments

on the issues as they had been refined. and on approaches presentedby the

### 48840 

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

National Institute ofStandards and Technology (NlST) for resolving them.

2. Issues ConcerningPackaged Boilers

During the April 1998 workshop. we sought comments on the following issues regarding test procedures for commercial packaged boilers:

(1) DefinitIOns ofthe term "packaged boiler" in the ASHRAE Standard 90.1- referenced test standards donot 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 perhourbelowwhich 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 inEPCA for these products. Accordingly, the proposed DOE test procedures are designed expressly for commercial packaged boilers whose rated capacities

are 300,000 Btu perhour or more. However, certain packaged boilers do exist whose capacities range in tens or

even hundreds ofmillions ofBtu per hour, and which are difficult to test undercontrolled 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 packagedboilers, 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 teating/conditioning of commercial buildings). Should we interpret EPCA as covering onlythe types ofcommercial packagedboilers used in heatingbuildings, or should the
test procedure also apply to boilers used exclusively in other applications (e.g., industrial process heating or power generation)?

(4) The industrytest procedures referenced in ASHRAE Standard 90.1- 1989 (and specified inEPCA)

,that form thebasis for a DOE test procedure for packaged boilers. do not contain methods for determiningjacket losses. An exception is the test procedure ASME PTC 4.1. "PowerTest 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

ajacket loss test method which canbe used to determine, for example. the efficiency ofa boiler installed outdoors?

(5) EPCA specifies industrytest procedures referenced in ASHRAE

, Standard 90.1-1989 for measuring the energy efficiency ofpackaged boilers. There are four test standards for gasfired boilers andthree for oil-fired boilers. The test conditions and procedures inthose test standards are notidentical. Use ofdifferent 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 testprocedure?

(6) Should the DOE test procedure contain separate provisions for condensingboilers. modulatingboilers. modularboilers. as well as for hot water boilers designed for low temperature applications?

l7) Ifa boiler is designed for both hot
water and steam applications. should

we specify a steam test and allow a watertest as an optional procedure?

Attendees at the April 1998 workshop prOVided comments on these issues. In addition, the California Energy Commission (GEC) 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 ofthe 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 summaryreport 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 numberedby using the same numbering scheme as the priorissues:

(8) EPCA defines a packaged boiler as "aboilerthat is shipped complete with heating equipment. mechanical draft equipment. and automatic controls; usually shipped in one or more sections." For the majority ofsectional
cast ironboilers, a distributor, and not theboiler manufacturer. physically ships out sections oftheboilerto the purchaser. Sometimes, a burner manufacturer may ship the burners directly tothe purchaser from the factory, or alternately. an installer can supplythem at the installation site. Are suchboilers covered products under EPCA. and ifso. who is responsible for ensuringtheir compliance with EPCA requirements? (9) Are high pressureboilers covered products? Here, the term "highpressure 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 pressurehot water boilers. should we specify inlet and outlet temperatures as per uniform test conditions recommended by NlST? These include an inletwater temperature of 80°F ±10°F and an outlet
watertemperature of 180°F ±2°F, for both gas-fired and oil-firedboilers.

C. The ProposedRule

Today's proposedrule incorporates (1) energy efficiency test procedures for commercial packaged boilers, (2) definitions that clarify EPCA's coverage ofthis product. and (3) energy conservation standards prescribedby EPCA. In preparing these proposals, we have considered both oral and written
comments. and have incorporated recommendations where appropliate. Section II contains the reasons f,,," incorporating or not incorpon any significant recommendations



## n. Discussion

A. General

This section discusses the issues identified for commercial par' 1ged boilers. Subsection (B) add, "Commercial Packaged Bul :nition and Scope ofCoverage." a' (C) addresses "Commercif Boiler Test Procedures fo' Measurement ofEnergy I

B.**Comm~"riaJ** Pockagec Definitio end 5CJpe of(

1. DefinibLns

EPCA defines a packag' er as "a boiler that is shipped con ie with heating equipment. mech llL draft equipment, and automdtk 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 referencedby Section 343(a)(4) ofEPCA. concerningtest procedures). refers to five test standards for commercial heatingboilers. Ofthese five. four include an explicit definition for one or

more types ofa packagedboiler. The definitions in three ofthe four referenced standards are essentiaJJy similar with respect to the heating equipment and controls. The fourth standard introduces a size limitwithin the definition ofa packagedboiler. The

### Federal Register IVol. 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 packagedboiler as "aboiler-burnerunit factory assembled and wired", where the "boiler-burner unit" is defined as "acombination of boiler. burner. combustion chamber design (ifrequired) and controls, marketed as a unit". HI-1989 does not specifically limit the test standard to packaged boilers. However. HI-1989 limitsthe 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 "aboiler assembly equippedwith one or more oil burners. and all the necessary safety controls, electrical equipment as needed. and related equipment, manufactured for assemblv 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
maybe shipped as two or more major subassemblies." In addition. both UL Standard 726 and UL Standard 795 specify that" 

### * * * each subassembly shall be capable ofbeing incorporated into the final assembly without requiring 'lIteration. cutting. drilling. threading. welding or similartasks by the installer 

### * * *" Both UL Standard 726 and UL Standard 795 also limit the
scope ofcoverage 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 ofcoverage to gas-fired low pressure steam and hot
waterboilers (defined in its Part IV. Definitions. as a self-contained gas burning appliance for supply steam or hot water) with inputratings ofless than 12,500.000 Btu perhour.

The fifth referenceo test standard. ASME PowerTesting Codes for Steam Generating Units. ASME PTe4.1. does
not include a definition for a packaged boiler.

During the April 1998 DOE workshop. participants discussed the defining characteristics ofa packaged boiler in
terms ofits method ofshipmentand 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
waterboilers. and high pressure steam boilers). Each ofthem are discussed individuallybelow.

2. Method ofShipment andAssembly

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). Theboiler
may not come out ofthe manufacturer's factory as a completely assembled product ready for shipment. dueto 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 ofIndustrial 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 packagedboiler ifit 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 ofpackaged boiler in the Hydronics Institute (HI) Standard, as "a boiler-burnerunit factory assembled and wired." (Weil-McLain Co., October 1998 transcript, at 209). Weil-McLain statedthat this definition is different from the EPCA definition. under which theboiler can be shipped in separate sections not assembled in the factory. Weil-McLain stated further that it sells
cast ironboilers in three different ways: (1) Factory assembled and wired as defined byHI, so that theboilers 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 andjacket) shippedin separate sections for subsequent assembly at thejob site. and (3) throughboiler distributors. who maintain inventories ofheat exchanger sections, controls and burners (or order them directly from theirrespective manufacturers). and who either ship all the necessary components. orhave manufacturers ship some or all ofthe components. to the customer for assembly as a completeboiler at the customer's site. Weil-McLain stated that the third manner accounts for probably 90 percent oftheir sales and asked whetherthe manufacturer would be held accountable for the performance of boilers sold in this way since theyhad

no control over the distributors and how theunitwas assembled. Mestek. Inc. agreed withWeii-McLain. (Mestek. October 1998 transcript. at 214).

Weil-McLain also stated that for every model ofboilerthat it sells for field assembly. it also sells a packaged boiler ofthe same design factory assembled and wired (as per HI definition). These factory assembledboilers are tested and certified by the Hydronics Institute. Weil-McLain statedthat it will guarantee the efficiencyrating ofboilers that are not factory assembled, ifall the components used in the field assembly (including cast ironheat 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 offield-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 ofthis rulemaking. the definition inEPCA for packaged boilers is thegoverning definition. It seems obvious thatboilers 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. andbelieve that these boilers also meet the statute's definition ofa packagedboiler. This conclusion is supported in partby ourbeliefthat the wording in the definition. "usually shipped in one or more sections," is designed to include not only steel and
copperboilers. which are usually shipped as completely assembled units. but also large sectional cast iron boilers, which canbe shipped in sections. This language would become almost meaningless ifthe definition were construed as excluding boilers sold in the third manner, since it appears that 90 percent ofcast iron boilers are shipped in this way. 

### i.e., components

are shippedby distributors or separate manufacturers. sometimes from distinct locations. In addition. cast iron boilers

are a major portion ofthe 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 ofcommercial 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

exclusion. In this regard, the statute does not state that the components ofa packaged boiler mustbe shipped from the same initial location, orat the same time.

Furthermore, we agree withthe manufacturers' concern overthe use of burners not approved and specifiedby theboiler manufacturers. EPCA defines "manufacturer" as "anypersonwho manufactures a consumer product" and "manufacture"to mean "manufacture, produce, assemble orimport." (42 U.S.C. 6291(12) and (10». Therefore, we construe EPCA as meaningthat a firm that produces a boiler in its entirety, or that specifies and approves a boiler's componentsby make and model numbers, includingburners "Or other components produced by others, is a manufacturer ofthatboiler within the meaning ofthe statute. 

### Ifa distributor, installer or another vendor sells a boiler with components that are not specified and approvedby anothermanufacturer,

we considerthat vendorto be the manufacturer by virtue ofhaving assembled the boiler.

We believe that the definition of packaged boilers, which may consist of boilers shipped in major sub-assemblies for ease oftransport and designed to fit together at customers' sites, is clear enough to distinguishthem from custom-designed. field-constructed boiler systems. which generally require alteration. cutting. drilling. threading. welding or similartasks by the installer. In this respect no additional clarification is needed to establish the definition ofpackaged boilers beyond thetext that appears in the statute.


### 3. Application

Participants at the April 1998 workshop raised questions regarding the effect ofa packaged boiler's end use on its coverage under a DOE test procedure, since the statute does not explicitly limit its type ofapplication. Several attendees. including GAMA and Lennox International asserted thatEPCA requirements are based on ASHRAE Standard 90.1. and thatthe 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. "EnergyEfficiency Design ofNew Buildings except Low-Rise Residential Buildings" ASHRAE Standard 90.1 indicatesthat it is concernedwith minimizing energy consumption in the operation and maintenance ofthe building

### perse (that is. energy consumption with respect to the function ofthebuilding and the comfort ofthe occupants). While ASHRAE Standard 90.1-1989 contains

no specific language excluding any specific type ofheating 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 ofASHRAE 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) ofthe 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 ofa packaged boiler. The review indicated the following:

(1) In the section that defines "packaged boiler." the statute does not explicitly specify the end use ofthe 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 ofwhich 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 "steamboilers" in its list ofindustrial equipment. separate from warm air furnaces and packaged boilers. EPCA section 340(2)(B). 42 U.S.C.6311(2)(B).

(5) TheReport that accompanied H.R. 776, the House version ofEPACT, states thatthe 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 '" '" '" inASHRAE 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 ofenactment. and the
statute provides for adoption by the Department. under prescribed conditions. offuture amendmentsby ASHRAE to Standard 90.1. 42 U.S.C. 6313(a)(1)-(6). On thebasis ofthe above review. we believe that the intent ofthe 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 powergeneration. Therefore. consistent with the
comments from the April 1998 workshop. underDOE's proposed definition ofcommercial packaged boilerEPCA efficiency requirements would apply only to boilers that, to any significant extent. are distributed for heating. space conditioning. or service
waterheating applications in buildings.1
4. Capacity

As mentioned above. participants at theApril 1998 workshop discussed the
scope ofthe definition ofpackaged 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 itselfto low pressure steam and hotwaterboilers with less than 12.500.000 Btu per hour input. A review ofcommercial boilers in the 1998 certified rating directory ofthe Hydronics Institute showed the largest capacity boilerto be a gas-fired heating unit with approximately 14.000.000 Btu
perhourgross output. which would imply that packaged low pressure steam and hot water heatingboilers are produced in quantity with output capacities ofup to approximately 14 million Btu perhour. However. the California Energy Commission (CEC) statedthat the statute does not provide

an upper limit on capacity in its definition ofpackagedboilers. and asserted that one cannottherefore specify an upper limit on capacity in a DOE test procedure for them.

1 Boilers that provide service water are generally referred to as "hotwater supplyboilers." For the
most part. theDepartment 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. aboilerthat is covered by the water heatingrequirements. but that is also distributed to

a significant extent for heating or space conditioning applications. would have to comply with both sets ofrequirements. Second. a service
water heatingboilerthat is not subject. under Addendum n to ASHRAE Standard 90.1-1989. to the efficiency requirements that apply to commercial water heaters. wouid have to meet the requirements for boilers.

### Federal 

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### 2000/Proposed Rules 48843

We agree with CEC's statementthat the statute does not specify anupper limit on the capacity. We also understand that there are packaged boilers used for heatingbuildings. especially ofthe fire tube and water tube design. whose capacities greatly exceed the capacity values specified in ANSI StandardZ21.13 orthose inthe Hydronics Institute's certified rating directory. Therefore, we seeno basis to concludethat EPCA covers only commercial packaged boilers below a certain size. andwe include no upper limit on capacity in today'sproposed definition ofthe product. Consequently, the proposed testprocedurewould apply to commercial packaged boilers regardless ofsize. Nevertheless, DOE recognizes that the limited quantities of the types ofhigh-capacityboilers used for space heating. coupled with their large capacities, may make theirtesting 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 improperto prescribe underthe provisions ofEPCA (42 U.S.C. 6314 (a) (2)).

5. Operating Characteristics

During the April1g98 workshop, attendees raised the coverage issue for packaged high pressureboilers. CIBO and others pOinted out thatwhen the end user applies a packaged boiler to produce hot water and steam for heating in industrial and manufacturing
processes, considerations otherthan efficiency at steady state may strongly influence the selection and operation of theboilers. (CIBO, April 1998 transcript,
at 145). TheAmerican Boiler Manufacturers Association (ABMA) and CIBO stated that the operation of packaged high pressure steam and high temperature hot waterboilers for industrial processing is different from the low pressure steam andhot water heatingboilers typically used in space heating and service waterheating applications. (CIBO, April 1998 transcript, at 145).

According to Chapter 10. Steam Systems, ofthe 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 onto say that space and domestic waterheating can bestbe accomplished with low-pressure systems. During the October 1998 workshop, NIST proposed in its recommendationreport that only packaged low pressure steam andhot
waterboilers shouldbe covered in the proposed test procedure. The GEC objected to that proposal. GEC stated the opinionthat the statute sets a minimum efficiency standard for all packaged boilers. which it considers to include high pressureboilers, and that DOE
cannot limit the scope ofthetest methodto low pressure steam and hot
waterboilers. (GEC. 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 pressureboilers from
coverage underthe statute. Moreover, based on the above. we believe there are instances where high pressure packaged boilers are used for heating buildings. Therefore, undertoday's proposedrule, EPCA's efficiency requirements would in effect applyto 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 ofhigh
pressure boilers. and we realize that there may not be clear-cut criteria for distinguishing a packaged high pressure boilerthat canbe used for space conditioning. Also, as discussed above underthe issue ofcapacity, the limited quantities and large sizes ofpackaged high pressure boilers employed in space heating may make testing underthe proposed DOE procedure unduly burdensome. Therefore, we are soliciting comments from all stakeholders on the options of:

(1) Limiting application either ofall EPCA efficiency requirements, or of onlythe proposed DOE test procedure.
to packaged high pressureboilers that

are principally designed for heating buildings. or

(2) Limiting coverage ofpackaged highpressure boilers to a certain maximum working pressure. such as 150 psig. above which one is unlikelyto

use a boiler in a commercial building due to the pressure limitation ofthe terminal heating equipment.



### C. Commercial PackagedBoiler Test Proceduresfor theMeasurement of EnergyEfficiency

Section 343(a)(4)(A) ofEPCA requires the test procedures for measuring the efficiency ofcommercial packaged boilers to be those generally accepted industry testing procedures orrating procedures that were developed or are recognized by the American SOciety of Heating. Refrigerating and Air ConditioningEngineers. 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 ofASHRAE Standard 90.1 in effect onJune 30. 1992, references five industry test standards that apply to gas-fired boilers or oil-fired boilers or both. These are theANSI 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). Ofthe five test standards. four are applicable to gas-fired boilers and three

are applicable to oil-firedboilers.

Specifically. ANSI StandardZ21.13

covers gas-fired boilers and limits the size ofthe testboilerto 12.500.000 Btu
perhour. The 1991 version ofthe standard sets the outlet water temperature at 180°F±2°Fwithout specifying an inlet testtemperature. A value of80°F ±10°F, however. is specified inits Combustion Test section. A revision ofthe standard in 1993 (ANSI Standard Z21.13a-1993) specifies the inlet temperature of80°F±1O°F.

HI-1989 is applicable to both low
pressure gas-fired and low pressure oilfired heating boilers. For hot water

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boilers. fll specifies a test condition of 200°F outlet water temperature, and a range oftemperature rises across the boiler, ranging from 120°Fto 165°F. that result in a test inletwatertemperature ranging from 35°F to 80°F.

UL Standards 726 and 795 applyto both low pressure andhigh pressure boiler assemblies fired by oil and gas. respectively. The section on Combustion Test specifies thatthe boiler is to be installed and adjusted in accordance with manufacturer's instructions. and fired at the rated input until steady state combustion conditions ofdraft. fuel inputrate. and flue gas temperaturehave 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 ensurethe continuous safe operation oftheboiler 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 ofthe pressure and/ortemperature limit control device. and not at the settings for normal operation ofthe 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 specifythe 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 ofgaseous or liquid fuel-fired
steam generating units. the testruns 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 onlythe major losses (flue losses and radiation orjacket loss) and the chemical heat in the fuel. are considered. Most manufacturers of packaged steel boilers use the Simplified Efficiency Test. and notthe detailed procedure appearing in the standard.

1. TestProcedure andTest 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 waterboilers. 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. HI1989 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 Z21:13a1993 are acceptable in lieu ofthe procedures spelled out in HI-1989. A comparison ofHI-1989 and ANSI Standard Z21.13a-1993 shows that the
test setups. instrumentation. and other features ofthe two test standards for gas-fired boilers are very similar. The only differences are the water inlet and outlet conditions for hot waterboilers. which are discussed later. and the insulation requirement ofthe 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 offlue
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 withthe HI-1989 procedure. ifall other
test conditions were the same.

Also atthe 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 thatEPACT requires the test procedures
tobe 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 fll standard

was not generally accepted as the industry standard. and that the ASME PTC 4.1 is used more frequently than the fll 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 efficiencybetween packaged low pressureboilers 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 ofhigh pressure boilers. (BR Laboratories. October 1998 transcript. at 242).

As mentioned above. ANSI Standard Z21.13 and HI-1989 differ in theirtest conditions for both inlet and outlet
watertemperatures. At the April 1998 workshop. participants pointed outthat the specification ofwater inlet temperature inANSI Standard Z21.13a1993 is more precise (80°F ±10°F) than the corresponding specification in HI1989 (a range between 35°F to 80°F). and that efficiency values resulting from testing identicalunits under fll-1989 could vary depending on the test inlet temperature. We understandthat the

reason for this latitude in the HI-1989 specification is that theboilers are tested at the manufacturers' locations. and not at the Hydronics Institute. Depending on the season and geographical location ofthe

. manufacturer. the inlet water temperature from the water main (or other source) can vary Widely. During theworkshop. York International cautioned that a more stringent test condition could require controlling the temperature ofa large quantity ofinlet
water in a way that may be difficult to achieve. (York. April 1998 transcript. at 194).

Atthe 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 watertemperature of80°F ±10°F and an outlet temperature of 180°F ±2°F. to conform tothe requirement ofANSI Standard Z21.13a1993. This test. with a controlled inlet
watertemperature. may require temperature pre-conditioning oflarge volumes ofinlet water in some regions ofthe 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 ofless than 12.500,000 Btu
perhour rated input.

Theproposed temperature of 180°F±2°F for the required outlet temperature for hot waterboilers. as opposed to the 200°F ±5°F in the HI

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standard, might produce a slight increase in the combustion efficiency value ofoil-fired boilers currentlytested by the HI standard (which is dueto a lower flue gas temperature and flue loss). However. we believe that this increase wouldbe small. BR Laboratories Inc. stated thatthe use of the HI standard's wide range for the permissible inlet watertemperature 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
watertemperaturehas more ofan impact on the combustion efficiency. A lower (180°F) temperature would give those oil and pcwer gas boilers currently tested to the HI standard a better efficiency value. (Weil-McLain. October 1998 transcript. at 257). However. for gas-firedboilers currently tested to the ANSI StandardZ21.13 standard. changing the outlet temperature from 180°F (undercurrent specification) to 200°F (ifthe 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 StandardZ21.13. with the HI standard for use with the power gas and oil-fired boilers. andthe ANSI Standard Z21.13 for use with the gas-fired boilers. However. ifa single test standard is needed. Weil-McLain would prefer the 180°F outletwatertemperature. since it reflects the current practice for testing gas-fired boilers. and is also the temperaturetested under the Hydronics Institute auditing program.

We also considered the other three
test standards referenced by ASHRAE Standard 90.1-1989. Ofthese three test standards. the ASME PTC 4.1 standard. with the exception ofits Simplified Efficiency Test procedure, is intended for (large) f;team generating heating and
powerboilers. Itrequires a detailed
account ofthe energy expenditures of all components in theboiler system. and
appears to beburdensome for smaller capacityboilers. The HI standard
appears to be a satisfactory substitute for the ASME PTC 4.1 for low pressure steam boilers, since thetest and calculation procedure inthe HI standard is closeto the Simplified Efficiency Test (Abbreviated Efficiency Test) ofASME PTC 4.1. The two UL standards are mainly used for the safety certification ofboilers. The test procedures for
energy performance inthe UL standards for lowpressureboilers are similarto the HI-1989 standard. However. the UL standards do not provide a procedure for calculating flue loss. We thusbelieve that the HI-1989 standard is better equippedthan the two UL standards for testing the energy efficiency oflow
pressure steam and hot water boilers.

Even though there mightbe some differences in the test conditions between HI-1989 and ANSI Standard Z21.13, the attendees at thetwo workshops suggested that basically the HI test standard canbeused to cover gas-fired and oil-fired low pressure heatingboilers. 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) ofboiler models that are already on the market to stay unchanged. However. because ofthe differences in test conditionsbetween thetwo test standards. the gas-and oilfired boilers will not compare accurately. The second option is to adoptthe HI-1989 test standard for both gas-and oil-fired heating boilers. This option may create the problem that for

a gas-fired hot waterboiler. the resulting efficiencybased 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 thatjust meet the minimum efficiency standard specified in EPCA. The third option is to adopt the HI-1989 test standard for bothgasand oil-fired heatingboilers. with a modification that the outlet temperature for hotwaterboilers be specified at 180°F instead ofat 200°F. As discussed before. this option will cause an oilfired hotwaterboiler to attain a test efficiency that could be slightlyhigher than its current value. However. we believe that no re-testing is necessary since the boiler's current efficiency value wouldbe a conservative one. The other two factors that may cause the efficiency value ofa gas-fired boiler to change underHI-1989 are the larger inlet temperature range permitted (35°F
to 80°F) and the flue pipe insulation requirement (up tothe point offlue 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 ofthe outlet water or steam temperature (as discussed above). and the portion oftheheat loss through the flue pipethat would affect the flue temperature measurement (and flue loss) dueto the insulation is restricted
to the first 12 inches ofthe 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 andhot 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 inExhibit D ofANSI Z21.13- 1993 instead ofthe procedure in section 11.2 ofHI-1989.

Based on the comments from ClBO that some manufacturers use mainly the ASME PTC 4.1 test standard and may notbe familiar with the HI-1989 test standard, we are proposing to allow manufacturers the alternative ofusing the Simplified Efficiency Test ofASME PTC 4.1. with the provisions that: (1) The inlet watertemperature will range from 35°F to 80°F. (2) for hot water boilers. the outletwatertemperature 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 ofASME PTC 4.1 for the determination ofefficiency. 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 ofASME PTC 4.1 are nearly identical. and that comparisons between the testresults from the two standards wouldbe valid when the Simplified Efficiency test is used with the above four provisions. We welcome comments from all stakeholders on today's proposedtest procedures as described in this paragraph. and on whetherwe should adopt instead. one ofthe other considered options.

2. Testing for High Pressure Steam and High Temperature Water Boilers

ASHRAE Standard 90.1-1999. modified the definition ofa boiler (section 3.2 ofASHRAE 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 ofboilers. ASHRAE Standard 90.1-1989 did not include the term "lowpressure" intheboiler 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 oil-

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fired boilers. Ofthese three test procedures, ASM:E PTC 4.1 provides detailed procedures for energy efficiency tests. However, ASME PTC 4.1 does not specifically provide thetest conditionswith respect to steam pressure or watertemperature. The intent ofASM:E PTC 4.1 is to guidethe acceptancetesting oflarge steam generating units, where the operational conditions are part ofthe agreements negotiated betweenthe interested parties (Sections 3.01and 3.04 ofASME PTC 4.1).

As described above in section II C, ASM:E PTC 4.1 also prOVides for an abbreviated (simplified, or short form) efficiency test for small heating and industrial steam generators. Thetwo UL standards specify test conditions (installed and adjusted in accordance withthe manufacturer's instructions and fired at the rated input) for determining steady state energy performance in their combustion test sections (see Section 36 ofUL Standard 726 or Section 51.1 ofUL 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 usethe HI-1989 standard to test high pressureboilers, since the
measurementrequirements for combustion efficiency test are the same for both low and high pressureboilers. (BR Laboratories, October 1998 transcript, at 242). However, during the April 1998 workshop, both ABMA and CIBO stated that their members use the ASM:E PTC 4.1 test procedure, and are not familiar .viththe HI-1989 standard (see discussion under section

## n.c.l for low pressureboilers above). Informal conversations with some steel boiler manufacturers indicated that industry manufacturers ofsteel fire tube and
water tubeboilers ofall pressure ranges (from 15 psig steam pressure and up)

use the short form test (the Simplified Efficiency Test) ofASM:E PTC 4.1 and
notthe HI-1989 standard.

Based on a consideration ofthe above,

we are proposingtoday to adopt the abbreviated efficiency test (the Simplified or short form Efficiency Test)

as specified in section 1.07 ofASME PTC 4.1 as the DOE test procedure for packaged high pressure steam and high temperature hot waterboilers covered byEPCA. Also, sincetheASM:E PTC 4.1 does not specifythe testcondition for the efficiency test, and the test conditions with respect to steam pressure and watertemperature vary withthe design ofthe boiler, we are proposingthat the conditions specified in the two UL standards be specified as test conditions, 

### i.e., theboiler mustbe installed and adjusted in accordance with the manufacturer'S instructions and fired at its rated input. We further
proposethat the water temperature and
steam pressurebe prescribed to reflect the normal conditions for which the manufacturer designed theboiler. As stated previously, even though the calculationprocedure for the heat input
term (from chemical heat inthe fuel only, ignoring any otherheat credit) and the major heat loss terms in ASME PTC 4.1 are similarto 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 ofASME 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, perhapsbased on (or with reference to) the maximumpressure ratings, and for specifying the corresponding conditions in the effiCiency test procedures.

3. Provisions for Low Temperature Applications

ASHRAE Standard 90.1 andthe test standards referenced by it do not specifically provide test conditions for hot waterboilers 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 ofthese boilers were sold on the market, and commented it

was unnecessary for DOE to develop another set oftest conditions that deviate from those specified in ASHRAE Standard 90.1. We agree with these
comments and will not propose a different set oftest inlet and outlet
watertemperatures for applications requiring low supply and return temperature settings.

4. Provision for CondensingBoilers

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 ofthe
water vapor in the flue gases andwhich is equipped to collect and drain such condensate. Attendees at the April 1998 workshop commented that, because of the absence ofcommercial condensing boilers from the market, itwas not necessary for DOE to develop a test procedure different from that specified inthe ASHRAE Standard 90.1.

We disagree with the comments from theworkshop attendees on this issue. We are unable to conclude that commercial size condensingboiler models are unavailable in the market. Also, since condensingboilers are significantly more energy efficient than non-condensingboilers, we believe that

even ifthere were presently no such boilers onthe market, a test procedure should be in place so that any manufacturer ofcondensingboilers would have a readily available accurate method for testing them to establish theirefficiencies 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 ofresidential condensmg boilers under steady state test conditions. We believe that 

### fr thod ofcollecting and measuring t mtity and the temperature ofthe flL condensate under steady state conditions atthe maximum rated input

over a 30 minute test period can also be applicable to a commercial cr densing boiler. Therefore, we are pre ;ngto adopt the procedure spec:: sections 7.2.2.4, 7.8, 9.2 ar .7 of ASHRAE Standard 103-1 0 "test procedure for determinin incremental increase in f efficienc ' due to the cor, lUre ofa sucl:

, ryoiler.

In pro;

. 

### ,,ing the adopt test**procedur~.** a slight modi: applied to the equation ir m 11.3.7.2 ofASHRAE 103- or steady state heat loss due lnt condensate flowing dowl l1e ...rain. In the aforementioned section, the assumed indoortemperature is specified

as 70°F, and the average outside temperature as 42°F. The modification replaces both ofthese temperatures with the actual temperature ofthe test area. In addition, even though the boiler inlet
watertemperature may not be a major factor affecting the combustion efficiency ofa non-condensingboiler, previous experience with residential condensingboilers indicates that the inletwater temperaturehas a significant effect onthe amount offlue 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 watertemperature

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be restricted to 80°F±5°Finstead ofthe
range of 35°Fto 80°F specified for noncondensingboilers.

5. Modular Boilers and Multiple Boilers

Participants at the DOE April 1998 workshop raisedthe issue ofhowto rate

a modularboiler assembly (consisting of

a group ofidentical, smallerboilers or modules, usually ofless than 400,000 Btulh input each, installed as a unit) or

a multipleboiler system (consisting ofa group ofindividual boilers, not necessarily ofidentical design, installed

as a system). Since a modular boiler assembly consists ofidentical individual boilers or modules, it was suggested that for those types of packaged boilers, only a singleboiler from the assembly needs to be tested and rated, and that the efficiencyrating ofthe boiler assembly canbe derived from the efficiency ofthe module. For

a multipleboiler system, participants suggested thattesting and rating the individual boilers in the system should be sufficient, and that the rating ofthe system as a whole can be derived from the individual ratings. There was no disagreement on either ofthese suggestions from the workshop attendees, and at the October 1998 workshop, NlST recommended these suggestions for adoption.

The Department is proposingtoday that the efficiency rating for a packaged modularboiler system with the individual modules orboilers of identical design and construction may bebased on the rating for only one boiler module in the assembly. Fora multipleboiler system wherethe individualboilers are-ofdifferent designs, each boiler ofa different design will be considered a separate packaged boiler and must meet the minimum efficiency standardby usingthetest procedure prescribed for this product.

6. Testing and Rating a Steam and Hot WaterBoiler

The test procedures DOE proposes today provide methods for testingboth hotwater 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 ofsupplying eitherhot water or steam, DOE understands thatmanufacturers customarilytest and rate them in the
steam mode, and only sometimes in the hot water mode. Moreover, participants
at theApril 1998 workshop indicated that industry practice is commonly to

use the effiCiency rating derived from the steam boilertest as the efficiency rating whentheboiler is sold as a hot waterboiler. (April 14 workshop at page 226) Sincethe steamtest will generally provide an efficiency rating lowerthan therating obtainedby a hot watertest, NlSTrecommended that we should also accept this practice. (October 13 Workshop at page 199)

Inview ofthe above, DOE proposes to require that a boilerthatcan beused for both steam and hot water applications

mustbe tested as a steamboiler, as required by HI-1989 (see Sections 8.1.4.1 and 8.1.4.2 ofHI-1989), andthat such efficiency rating mustbe reported
to DOE and used to determine whether theboiler complies withthe applicable efficiency standard. We also proposeto allowthe manufacturerthe option of eitherusing such efficiency rating for both the steam and water operations of theboiler, or, ifthe manufacturer prefers to report a different rating for

water operation, using a rating obtained by also testing the boiler in accordance withthe test procedure for a hotwater boiler, as allowed inHI-1989. Section 431.362(d)(1)(ii) ofthe proposedrule implements the testing aspect ofthese proposals. Although the proposed rule does not include language implementingthe rating and reporting proposals, DOE intends to include it in the final rule.



## m. Procedural Requirements

A. 

### Review Under the National EnvironmentalPolicyActof1969

EPCA prescribes energy efficiency standards and test procedures for commercial products, and in today's rule, we propose to implementthese requirements for commercial packaged boilers. We havereviewed the proposed rule under the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C.
4321 

### et seq., the regulations ofthe Council on Environmental Quality, 40 CFR Parts 1500-1508,the Department's regulations for compliance with NEPA, 10CFR Part 1021, andthe Secretarial Policy on theNational Environmental PolicyAct Uune 1994). Implementation ofthe proposedrule would not result in environmental impacts. We have therefore determinedthat the proposed rule is covered under the Categorical Exclusion found at paragraph A6 of appendix A to subpart D ofthe 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 UnderExecutive Order 12866, "RegulatoryPlanning andReview'

Today's proposed rulehas been determined not tobe a "significant regulatory action," as defined in section 3(f) ofExecutive Order 12866, "Regulatory Planning and Review." 58 FR 51735 (October 4,1993). Accordingly, this action was not subject
toreview under the Executive Orderbv the Office ofInformation andRegulatory Affairs.



### C. Review Under theRegulatory FlexibilityAct

The Regulatory Flexibility Act of 1980,5 U.S.c. 603, requires the preparation ofan initial regulatory flexibility analysis for everyrule which the agency must propose for public comment, by law, unless the agency certifies thatthe rule. ifpromulgated, will not have a significant economic impact on a substantial number ofsmall entities. A regulatory flexibility analysis examines the impact ofthe rule on small entities and considers alternative
ways ofreducing 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 ofworkers specified in 13 CFR Part 121. The threshold number for SIC classification 3433, which includes commercial packagedboilers, and other non-electric heating equipment, is 500. We estimate that no more than 29 firms manufacture commercial packaged boilers, and ofthese, the majority are considered small businesses. The number ofsmall businesses that manufacture commercial-sized packaged boilers covered by the EPACT standards (with capacities of300,000 Btu perhour 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 inASHRAE Standard 90.1. For the most part, EPCA specifies the standards and test procedures incorporated intoday's proposedrule. Therefore, any costs of complying with them are imposed by EPCA and nottherule. Moreover, today's proposedrule codifies testing procedures that are already generally employed by manufacturers, both large and small.

The cost ofmeeting therequirements oftoday's proposed rule will depend on the number ofbasic models a manufacturer produces and the number ofthese models that do not comply with the efficiency standards imposed by

### 48848 

### Federal Register

### IVol. 65, No. 

### 154/Wednesday, August 9, 2000/Proposed Rules

EPCA and would consequently need to beredesigned orremoved from the market. Since the efficiency standards havebeen in force by statute since 1994.

we expectthat a negligible number of products presently manufactured would need to beredesigned or discontinued. The cost ofperformingthe proposed test procedures depends on unit size. but could amountto several thousands of dollars perbasic model. To the extent that manufacturers must already test their products for efficiency to assure thatthey meetthe existing statutory efficiency standards. or for anyother

reason. they will not incur new costs in complying with today's proposed rule. We believe that any significant economic impact will fall only onthose firms which do not now routinely test their products. We furtherbelieve that testing is a widely accepted practice. and that companies that do not test are

rare and do not represent a substantial numberofsmall 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 althoughEPCA 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 ofsmall businesses.



### D. Review UnderExecutive 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 ofthe States and carefully assess the necessity for such actions. The proposed rule published today would notregulate the States. The proposedrule would primarily codify energy efficiency standards andtest procedures already established in EPCA for commercial packaged boilers. We have determined that today's rule does not have a substantial direct effect onthe States. on therelationship between the national government and the States. or on the distribution ofpower and responsibilities among the various levels ofgovernment. No further action is requiredby Executive Order 13132. 

### E. Review UnderExecutive Order 12630, 

### "GovernmentalActions and Interference With Constitutionally ProtectedPropertyRights'

We have determined underExecutive Order 12630, "Governmental Actions and Interference with Constitutionally ProtectedProperty Rights," 52 FR 8859 (March 18. 1988). that this proposed rule would not result in any takings which might require compensation underthe Fifth Amendment to the United States Constitution.



### F. Review Under thePaperwork ReductionAct

Today's proposed rule will primarily codify energy efficiency standards and
test procedures already established in EPCA for commercial packagedboilers and will notrequire any additional reports or record-keeping. Accordingly, this action was not subject to review underthe Paperwork Reduction Act.

G. 

### Review UnderExecutive Order 12988, 

### "CivilJustice Reform"

With respect to the review ofexisting 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 thereview required by Section 3(a). Section 3(b) ofthe Executive Order specifically requires thatExecutive agencies make every reasonable effort to

ensurethat the regulation: (1) Clearly specifies the preemptive effect, ifany; (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. ifany; (5) adequately defines key terms; and (6) addresses other important issues affecting clarity and general draftsmanship under any guidelines issuedby the Attorney General. Section 3 (c) ofthe 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

ormore ofthem.

We reviewed today's proposed rule underthe standards ofSection 3 ofthe Executive Order and determined that, to the extent permittedby law. it meets the requirements ofthose standards.

H. 

### Review Under Section 32 

### ofthe Federal EnergyAdministrationAct of 1974

Under section 301 ofthe Department ofEnergy Organization Act (Pub. L. 95- 91). the Department ofEnergy must comply with section 32 ofthe 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 ofcommercial standards, the notice ofproposed rulemaking must inform the public of theuse and background ofsuch 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 ofsteady
state combustion efficiency of commercial packagedboilers. Because

wehave very limited discretion to depart from the standards referenced in ASHRAE/IES 90.1, Section 32 ofthe 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 ofTesting for Annual Fuel Utilization Efficiency ofResidential Centra1 Furnaces and Boilers." We propose to adopt this standard to obtain a suitable optional test procedure for condensing boilers, which are not covered bythe
test procedures in ASHRAE Standard 90.1-1989. We have evaluated this standard and are unable to conclude whether it fully complies withthe requirements ofsection 32(b) ofthe Federal Energy Administration Act. i.e

.. that it was developed in a mannerthat fully provides for public participation.
comment and review.

As requiredby section 32(c) ofthe Federal Energy Administration Act, we will consult with the Attorney General and the Chairman ofthe Federal Trade Commission concerningthe impact of this standard on competition. priorto prescribing a final rule.

I. 

### Review Under UnfundedMandates ReformActof1995

Section 202 ofthe 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 expenditureby state, local. and tribal governments, in the

### Federal Register

### IVol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules 48849

aggregate, orby the private sector, of $100 million or more in anyone year. Thebudgetary impact statement must include: (i) Identification ofthe Federal law underwhich the rule is promulgated; (ii) a qualitative and quantitative assessment ofanticipated
costs and benefits ofthe Federal mandate and an analysis ofthe extentto which suchcosts to state, local. and tribal governments may be paid with Federal financial assistance; (iii) if feasible. estimates ofthe future compliance costs and ofany disproportionate budgetary effects the mandate has on particularregions. communities, non-Federal units of government. or sectors ofthe economy; (iv) iffeasible. estimates ofthe effect on the national economy; and (v) a description oftheDepartment's prior consultation with elected representatives ofstate. local. and tribal governments and a summary and evaluation ofthe 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 ofSections 203 and 204 ofthe Unfunded Mandates Act do not applyto this action.



### ,. Review Under the Plain Language Directives

The President's Memorandum on "Plain Language in Government Writing." 63 FR 31885 Uune 10. 1998) directs each Federal agency to write all publishedrulemaking documents in plain language. The Memorandum includes general guidance on what constitutes "plainlanguage." 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 ar.e also requesting suggestions onhow to improve its readability further.

K. 

### Review Under the Treasury and General GovernmentAppropriations Act, 1999

Section 654 oftheTreasury and General Government Appropriations Act. 1999 (Pub. L. No. 105-277) requires Federal agencies to issue a Family PolicymakingAssessment for any proposedrule orpolicythat may affect family well-being. Today's proposal would not have any impact on the autonomy or the integrity ofthe family

as an institution. Accordingly. DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment.

IV. Public Comment

A. 

### Written CommentProcedures

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 proposedrule to Ms. Brenda Edwards-Jones. at the address indicated at thebeginning ofthe notice. We will consider all submittals received by the date specified at thebeginning of this notice in developingthe final rule.

According to 10 CFR 1004.11. any person SUbmitting information which he

or shebelieves to be confidential and exemptby law from public disclosure should submit one complete copy ofthe document and ten (10) copies. if possible. from which the information believed to be confidential has been deleted. The Department ofEnergy will make its own determination with regard
to the confidential status ofthe information and treat it according to its determination.

Factors ofinterest to us when evaluating requests to treat as confidential informationthat hasbeen submitted include:

(1) A description ofthe items; (2) An indication as to whether and why such items are customarily treated

as confidential withinthe industry;

(3) Whether the information is generally knownby or available from other sources;

(4) Whether the information has previously been made available to others without obligation concerning its confidentiality;

(5) An explanation ofthe competitive injuryto 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 oftime; and

(7) Why disclosure ofthe information wouldbe contrary to the public interest.



### B. Public Workshop

1. Procedures for Submitting Requests To Speak

You will find thetime and place of the public workshop listed at the beginning ofthis notice ofproposed rulemaking. We invite any person who has an interest intoday's notice of proposed rulemaking. or who is a representative ofa group orclass of
personsthat has an interest in these proposed rules. to make a request for an opportunity to make an oral presentation. Ifyou would liketo 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 ofthis notice between the hours of8 a.m. and 4 p.m.• Monday through Friday. except Federal holidays.

or sendthemby mail.

Theperson making the request should
state whyhe or she. either individually

or as a representative ofa group or class ofpersons. is an appropriate spokesperson. briefly describe the
nature ofthe interest inthe rulemaking. and provide a telephone number for
contact. We request each person selected to be heard to submit an advance copy ofhis or her statement at least twoweeks priorto the date ofthis workshop as indicated at thebeginning ofthis notice. We. at our discretion. may permit any person wishing to speak who
cannot meet this requirement to participate ifthat person has made alternative arrangements with the Office ofBuilding Research and Standards in advance. The lettermaking a request to give an oral presentation must ask for such alternative arrangements.

2. Conduct ofWorkshop

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 ofthe Act and a court reporter will be present to record the transcript ofthe workshop. We reserve the right to schedule thepresentations by workshop participants. and to establish the procedures governing the conduct ofthe workshop.

The Department will permit each participant to make a prepared general
statement. limited to five (5) minutes. priorto the discussion ofspecific 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 theremainder ofthe hearing into segments. with each segment consisting ofone or more ofthe following specific topics coveredbythis notice:
Packaged Boiler Definition and Scope of Coverage

• Method ofShipment and Assembly.

• BoilerApplication.

• Boiler Capacity.

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

TestProcedures and Energy Efficiency Standards for Commercial Packaged Boilers

• Test Procedure and Test Conditions for Low Pressure Boilers.

• TestProcedure 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.

• OtherTest StandardTopics. The Department will introduceeach topic with a briefsummary ofthe relevant provisions ofthe proposed rule, and the significant issues involved. We will thenpermitparticipants in the hearing to make a prepared statement limited to five (5) minutes on that topic. At the end ofall 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 questionsby us and by other participants concerningthese issues. Our representatives may also ask questions ofparticipants concerning other matters relevant to the hearing. The total cumulative amount oftime allowed for each participant to make prepared statements mustbe 20 minutes.

The official conducting the hearing will accept additional comments or questions from those attending. as time permits. The presiding official will

announce 8..'1y further procedural rules.

or modification ofthe above procedures. needed for the proper conduct ofthe hearing.

We will make the entire record ofthis rulemaking. including the transcript. available for inspection in the Department's Freedom ofInformation Reading Room. Any person may purchase a copy ofthe transcript from the transcribingreporter.



### C. Issues on Which CommentsAre Requested

We 

### are interested in receiving
comments and!or data concerningthe feasibility. workability and appropriateness ofthetest procedures proposedintoday's rulemaking. Also,

we welcome discussion on improvements or alternatives to the proposed approaches. We also invite
comments on howto make this proposedrule easier to understand. For example:

• Are therequirements inthe rule clearly stated? • Have we organized the material to suit your needs, orwould a different organizationbe better?

• Can we improve therule's format?

List ofSubjects in 10 CFR Part431

Administrative practice and procedure, Energy conservation, Incorporation by reference.

Issued inWashington. DC. onMay 8. 2000.
Dan W. Reicher,
AssistantSecretary. EnergyEfficiencyand RenewableEnergy.

For the reasons set forth in the preamble. Title 10. Part 431 ofthe Code ofFederal 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 ofenergy 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 packagedboilers. pursuant to Part C ofTitle IIIofthe Energy Policy and Conservation Act. as amended. 42 U.S.C 6311-6316.

§431.352 Definitionsfor commercial packaged boilers.

For purposes ofsubparts Ithrough P ofthis part. terms are defined as provided for elsewhere in this subpart. in section 340 ofthe Act. and asfollowsCombustion efficiencyfor a commercial packagedboiler means the efficiency descriptor for packaged boilers. determined using test procedures prescribed under §431.362 and equals to 100 percent minus percent flue loss. Commercialpackagedboilermeans a packagedboiler that is a commercial HV AC & WH product with a capacity of 300,000 Btu perhour 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 "hotwater supplyboiler" in this part.

Condensing boilermeans a packaged hoiler which will condense part ofthe
water vapor in the flue gases, and which includes a means ofcollecting and draining this condensate from its heat exchanger section.

Flue condensate means liquid formed by the condensation ofmoisture in the flue gases.

Packaged boilermeans a boilerthat is shipped complete with heating equipment. mechanical draft equipment and automatic controls; usually shipped in one or more sections. Iftheboiler 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.

Packagedhighpressure steam and high temperature water boilermeans 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, orboth. for a high temperature waterboiler.

Packaged lowpressure steam andhot

waterboilermeans a commercial packagedboiler which operates at or below a steam pressure of 15 psig for a steam boiler. and at orbelow 160 psig
pressure and 250°F temperature for a hot waterboiler.

TestProcedures

§431.361 Materials Incorporated by reference.

(a) The Department incorporatesby reference the following test procedures which are not otherwise set forth in this part 431. The Director ofthe Federal Register has approved the material listed inparagraph (b) ofthis 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 bythe 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 ofthe approval and a notice of
any change in the material will be published in the FederalRegister.Federal Register/Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules 

### 48851

(b) 

### List of testprocedures incorporated byreference. (1) The Hydronics Institute (HI) Standard "Testing and Rating Standard for Heating Boilers", 6thEdition, 1989 ("1989 HI Standard").

(2) The American Society of Mechanical Engineers PowerTest Codes for Steam Generating Units, ASME PTC 4.1-1964. Reafflrmed 1991 (Including 1968 and 1969 Addenda) ("ASME PTC 4.1").

(3) American Society ofHeating, Refrigerating and Air-Conditioning Engineers, Inc. (ASHRAE) Standard 103-1993, "Method ofTesting 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) 

### Availabilityof references. (1) Inspection of testprocedures. The
test procedures incorporated by reference are available for inspection at:

(i) Office ofthe Federal Register, 800 North Capitol Street, NW. Suite 700, Washington, DC.

(ii) U.S. Department ofEnergy, Office ofEnergy 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 ofStandards. Anyone can obtain a copy ofstandards incorporated by reference from the following sources:

(i) Request copies ofthe ASHRAE Standards from the American Society of Heating, Refrigerating, and AirConditioning Engineers, Inc., 1971 Tullie Circle, NE, Atlanta. GA 30329. or http://www.ashrae.orglbookl bookshop.htm.

(ii) Request copies ofthe ANSI Standard from Global Engineering Documents. 15 Inverness Way West, Englewood, CO 80112, orhttp:// global.ihs.com/, or

### http:// webstore.ansLorgl ansidocstore/.

(iii) Request copies ofthe HI Standard from the Hydronics Institute Inc., 35 Russo Place. Berkeley Heights, 

### NJ 07922, orhttp://www.gamanet.org/ publistlhydroordr.htm.

(iv) Request copies ofthe ASME Standard from the American Society of Mechanical Engineers, 345 East 47th Street. New York. NY 10017, orhttp:// www.asmeny.org/catalog. §431.362 Unifonn test method forthe measurement ofenergy 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 ofa gasfired and oil-fired, packaged commercial boiler having a rated capacity of300,000 Btu fer hour or more.

(b 

### Definitions. For purposes ofthis section. the Department incorporatesby reference the deflnitions specified in section 3.0 ofthe Hydronics Institute Testing and Rating Standard for Heating Boilers, sixth edition, June 1989. with the exception ofthe definition for the
terms packagedboiler, condensing boilers, packaged low pressure steam and hotwaterboiler. and packaged high
pressure steam and high temperature waterboiler.

(c) 

### Test Setup. (1) 

### Test Setupfor Packaged LowPressure 

### Steam andHot WaterBoilers. (i) Classifications: Ifyou employ boiler classification. you must classifyboilers as given in section 4.0 of the 1989 Hydronics Institute Testing and Rating Standard for Heating Boilers.

(H) Requirements: You must conduct the combustion efficiency test as given in sections 5.1.2. (Combustion Efficiency Test), 5.4 (Basis ofRatings,

sec. 5.4.1.5.4.4,5.4.5. and 5.4.6) ofthe 1989 Hydronics Institute Testing and Rating Standard for Heating Boilers.

(Hi) Instruments and Apparatus: You
must follow therequirements for instruments and apparatus in sections 6 (Instruments) and 7 (Apparatus, with the exception ofsec. 7.2.3 which is for boilers ofless than 300,000 Btu perhour capacity) ofthe 1989 Hydronics Institute Testing and Rating Standard for Heating Boilers.

(iv) Test Conditions: Use test conditions from section 8.0 ofthe 1989 Hydronics InstituteTesting and Rating Standard for Heating Boilers. with the exception ofsubsection 8.5.1. inplace ofwhichyou must usethe following paragraphs:

(AJ Water Temperatures-Forthe
watertest. use a boiler inlettemperature of35°F to 80°F and a boiler outlet temperature of 180°F±2°F.

(B) Inlet Water Temperature for CondensingBoilers-Totest the boiler

as a condensingboiler (see paragraph (d)(l)(ii) ofthis section for condenSing boilers), setthe inlet watertemperature
to 80°F±5°F.

(v) Alternative Test Procedure for Testing Low Pressure Steam and Hot Water Boilers. Instead ofthe 1989 Hydronics InstituteTesting andRating Standard for Heating Boilers as specified inparagraphs (c)(l)(ii) and (c)(l)(iii) ofthis section. you may conduct the combustion efficiencytest 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). Ifyou select the ASME PTC 4.1 procedure for conductingthe required combustion efficiencytest for low pressure steam andhot water boilers, you must use the test conditions specified in paragraphs (c)(l)(iv). (c)(l)(iv)(A), and (c)(1)(iv)(B) ofthis section.

(2) 

### Test Setupfor PackagedHigh Pressure Steam andHigh Temperature WaterBoilers, and Optional Test ProcedureforPackaged LowPressure 

### Steam andHot Water Boilers. (j) 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 ofASME PTC 4.1.

(ii) Test Conditions for the Combustion Efficiency.

(A) Low Pressure Steam and Hot Water Boilers-Ifyou select ASME PTC 4.1 for the efficiencytest oflow pressure steam andhot waterboilers, use test conditions specified in paragraph (c)(l)(iv) ofthis section.

(B) High Pressure Steam and High Temperature Water Boilers-Forthe 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 withthe normal design point operating conditions for whichthe manufacturer designed the boiler. The boilermust be tested at the manufacturer's rated maximum input.

(d) 

### Test Measurements. (1) 

### Test

measurementsfor Packaged Low 

### Pressure Steam andHot WaterBoilers. (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 inlettemperature. boiler water outlettemperature. and boiler water temperature rise (outlet minus inlet) in sections 9.1.2.1.1 and 9.1.2.1.3 ofthe HI
test standard with the inlet and outlet temperatures specified in paragraphs (c)(l)(iv)(A) (for non-condensingboilers) and (c)(l)(iv)(B) (for condensing boilers) ofthis section.

(ii) Procedure for the Measurement of Condensate for a Condensing Boiler. With the inlet watertemperature as specified in paragraph (c)(l)(iv)(B) of this section, measure the condensate from the flue gas under steady state

### 48852 

### Federal Register I

### Vol. 65, No. 154 I

### Wednesday, August 9, 2000/Proposed Rules

operation according to sections 7.2.2.4, 7.8 and 9.2 ofASHRAE Standard 103- 1993 under the rated input conditions. Conductthe measurement during an additional 30 minutes ofsteady state operation after completing the steady
state combustion efficiency test in paragraph (d)(l)(i) ofthis section.

(iii) Steam and Hot Water Boilers. Test a steam and hot waterboiler as a steam boiler for its combustion efficiency. Optionally, you may also test thisboiler as a hot water boilerto obtain

a combustion efficiencyrating whenthe 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 thetest procedure from Section 5. Efficiency by Heat Loss Method. ofASME PTC 4.1.

(e) Calculations. (1) Calculationsfor Packaged LowPressure Steam andHot WaterBoilers. (iJ Combustion Efficiency. Use the calculation procedure for combustion efficiency test specified in section 11.2 ofthe 1989 Hydronics InstituteTesting and Rating Standard for Heating Boilers (except that for gas fuel. do not calculate Item 9 ofsec. 11.2.1 which is for oil fuel only). For gas-fired boilers. instead of using section 11.2 ofthe 1989 HI Standard to calculate the flue loss, you may calculate the flue loss by the procedure specified in Exhibit D ofthe 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) Procec.ure for the Calculation of the Additional Heat Gain and Heat loss. After following the procedure for the
measurement offlue condensate of paragraph (d)(1)(ii) ofthis section. calculate the latentheat gain from the condensation ofthe water vapor inthe 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 indoortemperature of70°F and the temperature term TOA by the mearured room ambient temperature as determined in section 8.4.3 ofthe 1989 Hydronics Institute Testing andRating Standard for Heating Boilers.

(B) Adjustment to theCombustion Efficiency for a Condensing Boiler. Adjust the combustion efficiency calculated in paragraph (e)(1)(i) ofthis section by addingthe latent heat gain from the condensation ofthe water vaporin the flue gas, and by subtracting the heat loss (due to the flue condensate down the drain) as calculated in (e)(1)(ii)(A) ofthis section, to obtain the combustion efficiency ofa condensing boiler.

(2) Calculationsfor PackagedHigh Pressure Steam andHigh Temperature WaterBoilers, andfor theAlternative Test Procedure (paragraph (C)(l)(v) of this section)for Packaged LowPressure Boilers. Use the Abbreviated Efficiency Test by theheat loss method for gas or oil fuel as specified in section 7.3 and the Test Forms for the Abbreviated Efficiency Test, PTC 4.1-8 (Summary Sheet) and PTC 4.1-h (Calculation Sheet), ofASME 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 dryrefusel. 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 of300.000 Btu per hour

or more, the combustion efficiency at the maximum rated capacity mustbe
not less than 80 percent.

(b) For an oil-fired packaged boiler with a capacity of300,000 Btu perhour

ormore, the combustion efficiency at the maximum rated capacity mustbe
not less than 83 percent.

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

81LUNG CODE M50-01-P

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 431
[Docket No. EE-RMITP-99-480)

R1N 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 HotWater Storage Tanks

AGENCY: Office ofEnergy 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 waterheaters, hot water supply boilers and unfired hot water storage tanks. The Department ofEnergy (we. DOE. orthe Department) proposes regulations to implement the standards and test procedures for these commercial waterheaters. 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 (3
'12" diskette) ofthe
comments in WordPerfectTM 8.

We will hold a public hearing (workshop) on September 20,2000, in Washington. DC. Please sendreyuests to speak at the workshop so that \\'p receive themby 4:00 p.m.• on September 6. 2000. Send ten Jpies ofyour statements for the put workshop so that we receive tl,ullby 4:00 p.m., on September 13, 2000. We also request a computer diskette (WordPerfectTM 8) ofeach statr'ment.

ADDRESSES: Please submit "**~n** comments, oral statemenc·**~quests** to speak at the workshop t, 1a EdwardS-Jones, U.S. Depa' Energy. Office ofEnergy F and Renewable Energy. EE-4 '10. EE-RMf'1"P-99-4BO,100 -once Avenue. -::V\'. Wadlingto, You rna, ,,,nd email to: brenda.6l.\'ards-jones@ec The workshop will beein at 9:;

., on September 20.2000, in R. ;-245 at the U.S. Department ofEJ \' Forrestal Building, 1000 Independ. r::e .•venue. SW. Washington. DC. You can find

more information concerning public participation in this rulemaking proceeding in section IV, "Public Comment," ofthis notice.

You can read the transcript ofthe public workshop and public comments received in the Freedom ofInformation Reading Room (Room No. 1E-190) at the U.S. Department ofEnergy. Forrestal Building, 1000 Independence Avenue, SW.• Washington, DC 20585, between thehours of9:00 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 ofBuilding Research and Standards world wide web site at the