EE-RM-TP-99-470 COMMENT 01C

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 
EE-RM-TP-99-470 COMMENT 01C

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 Part 431 

[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 of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of proposed rulemaking 

and public hearing. 

SUMMARY: The Energy Policy and 

Conservation Act, as amended (EPCA), 

establishes energy efficiency standards 

and test procedures for certain 

commercial products, including 

commercial packaged boilers. In today's 

proposed rule, the Department of Energy 

(we, DOE, or the Department) proposes 

regulations to implement the standards 

and test procedures for these boilers. 

DATES: The Department will accept 

comments, data, and information 

regarding the proposed rule until 

October 23,2000. Please submit ten (10) 

copies. In addition, we request that you 

provide an electronic copy (31f2" 

diskette) of the comments in 

WordPerfectTM 8. 

We will hold a public hearing 

(workshop) on September 20,2000, in 

Washington, DC. Please send requests to 

speak at the workshop so that we receive them by 4 p.m., September 6, 

2000. Send ten (10) copies of your 

statements for the public workshop so 

that we receive them by 4 p.m., 

September 13, 2000. We also request a 

computer diskette (WordPerfectTM 8) of 

each statement. 

ADDRESSES: Please submit written 

comments, oral statements, and requests 

to speak at the workshop to Brenda 

Edwards-Jones, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, EE-41, Docket No. 

EE-RM/TP-99-470, 1000 Independence 

Avenue, SW., Washington, DC 20585. 

You may send email to: 

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

SUPPLEMENTARY INFORMATION: The 

workshop will begin at 9 a.m., on 

September 20, 2000, in Room lE-245 at 

the U.S. Department of Energy, Forrestal 

Building, 1000 Independence Avenue, 

SW., Washington, DC. You can find 

more information concerning public 

participation in this rulemaking 

proceeding in section IV, "Public 

Comment." of this notice of proposed 

rulemaking. 

You can read the transcript of the 

public workshop and public comments 

received in the Freedom of Information 

Reading Room.(Room No. lE-190) at the 

U.S. Department of Energy. Forrestal 

Building. 1000 Independence Avenue, 

SW .. Washington. DC 20585, between 

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

Monday through Friday, except Federal 

holidays. 

You can obtain the latest information 

regarding the public workshop from the 

Office of Building Research and 

Standards world wide web site at the 

following address: http:// 

www.eren.doe.govlbuildings/ 

codes standards/index.htm 

FOR FURTHER INFORMATION CONTACT: 

Cyrus H. Nasseri, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Mail Station, EE-41, 

1000 Independence Avenue. SW., 

Washington. DC 20585, (202) 586-9138, 

FAX (202) 586-4617, e-mail: 

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

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

Office of General Counsel. Mail Station, 

GC-72. 1000 Independence Avenue, 

SW .. Washington. DC 20585. (202) 586-

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

SUPPLEMENTARY INFORMATION: The 

proposed rule incorporates, by 

reference. the test procedures contained 

in industry standards referenced by the 

American Society of Heating. 

Refrigerating, and Air-Conditioning 

Engineers, Inc. (ASHRAE) Standard 90.1 

for commercial packaged boilers. Those 

industry standards are: American 

National Standards Institute (ANSI) 

Standard Z21.13a-1993, "Gas-Fired 

Low Pressure Steam and Hot Water 

Boilers;" The Hydronics Institute (HI) 

Standard "Testing and Rating Standard 

for Heating Boilers," 6th Edition, 1989; 

and American Society of Mechanical 

Engineers (ASME) PTC 4.1-1964/RA1991. "Power Test Codes for Steam 

Generating Units." The proposed rule 

would also incorporate by reference, 

ASHRAE Standard 103-1993, "Method 

of Testing for Annual Fuel Utilization 

Efficiency of Residential Central 

Furnaces and Boilers," for its test 

procedure with respect to condensing 

boilers. 

You can view copies of these 

standards at the Department of Energy's 

Freedom of Information Reading Room 

at the address stated above. You can 

also obtain copies of the ASHRAE. 

ANSI, HI. and ASME Standards from. 

the American Society of Heating, 

Refrigerating, and Air-Conditioning 

Engineers, Inc .. 1971 Tullie Circle, NE, 

Atlanta, GA 30329, Internet URL: http:/ 

/www.ashrae.orglbooklbookshop.htm; 

Global Engineering Documents, 15 

Inverness Way East, Englewood, CO 

80112 or Internet URL: http:// 

webstore.ansi. orgl ansidocstore I; the 

Hydronics Institute Inc., 35 Russo Place, 

Berkeley Heights, NJ 07922, Internet 

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

hydroordr.htm; and the American 

Society of Mechanical Engineers, 345 

East 47th Street, New York, NY 10017, 

Internet URL: http://www.asmel4Y.org/ 

catalog, respectively. 

1. Introduction 

A. Authority 

B.Background 

1. General 

2. Issues Concerning Packaged Boilers 

C. The Proposed Rule 
EE-RM-TP-99-470 COMMENT 01C

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

n. Discussion 

A. General 

B. Commercial Packaged Boiler Definition 

and Scope of Coverage 

1. Definitions 

2. Method of Shipment and Assembly 

3. Application 

4. Capacity 

5. Operating Characteristics 

C. Commercial Packaged Boiler Test 

Procedures for the Measurement of 

Energy Efficiency 

1. Test Procedure and Test Conditions for 

Low Pressure Steam and Hot water 

Boilers 

2. Testing for High Pressure Steam and 

High Temperature Water Boilers 

3. Provisions for Low Water Temperature 

Applications 

4. Provisions for Condensing Boilers 

5. Modular Boilers and Multiple Boilers 

6. Testing and Rating a Steam and Hot 

Water Boiler 

m. Procedural Requirements 

A. Review Under the National Environmental 

Policy Act of 1969 

B. Review Under Executive Order 12866. 

"Regulatory Planning and Review" 

C. Review Under the Regulatory Flexibility 

Act 

D. Review Under Executive Order 13132. 

"Federalism" 

E. Review Under Executive Order 12630. 

"Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights" 

F. Review Under the Paperwork Reduction 

Act 

G. Review Under Executive Order 12988. 

"Civil Justice Reform" 

H. Review Under Section 32 of the Federal 

Energy Administration Act of 1974 

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. Public Comment 

A. Written Comment Procedures 

B. Public Workshop 

1. Procedures for submitting requests to 

speak 

2. Conduct of workshop 

C. Issues on which Comments are Requested 

I. Introduction 

A. Authority 

Part B of Title ill of the Energy Policy 

and Conservation Act (EPCA) of 1975. 

Pub. L. 94-163. as amended. by the 

National Energy Conservation Policy 

Act of 1978 (NECPA). Pub. L. 95-619. 

the National Appliance Energy 

Conservation Act of 1987 (NAECA). 

Pub. L. 100-12. the National Appliance 

Energy Conservation Amendments of 

1988 (NAECA 1988). Pub. L. 100-357. 

and the Energy Policy Act of 1992 

(EPACT). Pub. L. 102-486. established 

the "Energy Conservation Program for 

Consumer Products other than 

Automobiles." Part 3 of Title IV of 

NECP A amended EPCA to add "Energy 

Efficiency of Industrial Equipment." 

which included air conditioning 

equipment. boilers. and other types of 

commercial products. 

EP ACT also amended EPCA with 

respect to certain commercial products. 

It provided definitions. test procedures. 

labeling provisions. energy conservation 

standards. and authority to require 

information and reports from 

manufacturers. See 42 U.S.C. 6311-

6316. EPCA authorizes the Secretary of 

Energy to prescribe test procedures that are reasonably designed to produce 

results which reflect energy efficiency. 

energy use and estimated operating 

costs. and that are not unduly 

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

With respect to some commercial 

products for which EPCA prescribes 

energy conservation standards. 

including commercial packaged boilers. 

"the test procedures shall be those 

generally accepted industry testing 

procedures or rating procedures 

developed or recognized by the 

American Society of Heating. 

Refrigerating and Air Conditioning 

Engineers. as referenced in ASHRAEI 

IES Standard 90.1 and in effect on June 

30,1992." 42 U.S.c. 6314(a)(4)(A). 

Further. if such an industry testing or rating procedure gets amended, DOE 

must revise its test procedure to be 

consistent with the amendment. unless 

the Secretary determines. based on clear 

and convincing evidence. that to do so 

would not meet certain general 

requirements spelled out in the statute 

for test procedures. 42 U.S.c. 

6314(a)(4)(B). 

Before prescribing any test procedures 

for commercial products. the Secretary 

must publish them in the Federal 

Register and afford interested persons at 

least 45 days to present data. views and 

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

360 days after a test procedure rule 

applicable to a covered commercial 

product. such as a commercial packaged 

boiler. is prescribed, no manufacturer. 

distributor. retailer or private labeler 

may make any representation in writing 

or in broadcast advertisement respecting 

the energy consumption or cost of 

energy consumed by such product. 

unless it has been tested in accordance 

with the prescribed procedure and such 

representation fairly discloses the 

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

Finally. EPACT extends certain 

powers. originally granted to the 

Secretary under NAECA, to require 

manufacturers of products covered by 

this proposed rule to submit 

information and reports for a variety of 

purposes, including insuring 

compliance with requirements. See 42 

U.S.C. 6316(a). 

B. Background 

1. General 

The Department of Energy has an 

energy conservation program for 

consumer products. and a few 

commercial products. conducted under 

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

6291-6309. Under EPCA. this program 

essentially consists of four parts: test 

procedures. Federal energy conservation 

standards. labeling. and certification 

and enforcement procedures. The 

Federal Trade Commission (FTC) is 

responsible for labeling. and we 

implement the remainder of the 

program as codified in Title 10 of the 

Code of Federal Regulations. Part 430-

Energy Conservation Program for 

Consumer Products. 

Since 10 CFR Part 430 covers 

primarily consumer products, which 

differ from commercial and industrial 

products. we created a new Part 431 (10 

CFR Part 431) in the Code of Federal 

Regulations. entitled "Energy 

Conservation Program for Certain 

Commercial and Industrial Equipment." 

to implement DOE's program for the 

commercial and industrial products 

covered under EPCA. These will 

include commercial heating. air 

conditioning and water heating 

products. This new program will consist 

of: test procedures. Federal energy 

conservation standards. labeling. and 

certification and enforcement 

procedures. EPCA directs DOE. rather 

than the FTC. to administer the statute's 

efficiency labeling provisions for 

commercial products. 

On April 14 and 15. 1998. we 

convened a public workshop to solicit 

views and information from interested 

parties that would aid in the 

development of rules for commercial 

heating. air conditioning and water 

heating products. We requested 

comments on a number of specific 

issues. including issues related to test 

procedures for commercial products. as 

well as the most cost effective and 

reliable regimes for sampling. 

certification and enforcement. 

Statements during the public workshop 

and written comments that were 

received afterwards helped refine the 

issues involved in this rulemaking and 

provided useful information 

contributing to their resolution. We 

convened a second public workshop on 

October 18.1998. to obtain comments 

on the issues as they had been refined. 

and on approaches presented by the 
EE-RM-TP-99-470 COMMENT 01C

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

National Institute of Standards and 

Technology (NlST) for resolving them. 

2. Issues Concerning Packaged Boilers 

During the April 1998 workshop. we sought comments on the following 

issues regarding test procedures for 

commercial packaged boilers: 

(1) DefinitIOns of the term "packaged 

boiler" in the ASHRAE Standard 90.1-

referenced test standards do not 

precisely coincide with those in EPCA. 

Should we clarify the EPCA definition 

by rule? 

(2) In establishing the energy 

conservation standard levels for 

commercial packaged boilers. EPCA 

specified a lower capacity limit of 

300,000 Btu per hour below which the 

standard levels do not apply. EPCA 

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

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

capacity limit specified in EPCA for 

these products. Accordingly, the 

proposed DOE test procedures are 

designed expressly for commercial 

packaged boilers whose rated capacities 

are 300,000 Btu per hour or more. 

However, certain packaged boilers do 

exist whose capacities range in tens or 

even hundreds of millions of Btu per 

hour, and which are difficult to test 

under controlled laboratory conditions. 

Should we explicitly specify a capacity 

upper limit for the covered packaged 

boilers in the proposed test procedures? 

(3) In extending EPCA to cover 

packaged boilers, along with other 

commercial HV AC and hot water 

heating products, EP ACT 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 only the 

types of commercial packaged boilers 

used in heating buildings, or should the 

test procedure also apply to boilers used 

exclusively in other applications (e.g., 

industrial process heating or power 

generation)? 

(4) The industry test procedures 

referenced in ASHRAE Standard 90.1-

1989 (and specified in EPCA) , that form 

the basis for a DOE test procedure for 

packaged boilers. do not contain 

methods for determining jacket losses. 

An exception is the test procedure 

ASME PTC 4.1. "Power Test Codes for 

Steam Generating Units," which 

provides a graph correlation for jacket 

loss. as well as a detailed test method. 

Should the DOE test procedure include 

a jacket loss test method which can be 

used to determine, for example. the 

efficiency of a boiler installed outdoors? 

(5) EPCA specifies industry test 

procedures referenced in ASHRAE , 

Standard 90.1-1989 for measuring the 

energy efficiency of packaged boilers. 

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

boilers. The test conditions and 

procedures in those test standards are 

not identical. Use of different test 

conditions for a given boiler could 

produce different efficiency values. Is 

there a need to prescribe a set of 

uniform test conditions selected from 

among those referenced test procedures 

for a DOE test procedure? 

(6) Should the DOE test procedure 

contain separate provisions for 

condensing boilers. modulating boilers. 

modular boilers. as well as for hot water 

boilers designed for low temperature 

applications? 

l7) If a boiler is designed for both hot 

water and steam applications. should 

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

Attendees at the April 1998 workshop 

prOVided comments on these issues. In 

addition, the California Energy 

Commission (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 of the recommendations. The 

summary report formed the basis for 

discussions during the October 

workshop. which enabled us to elicit 

further views and information from 

interested parties. The summary report 

included draft rule language for 

commercial packaged boilers. We 

received additional comments. and the 

participants raised certain additional 

issues at the second workshop. 

The following additional major issues, 

raised at that time. are numbered by 

using the same numbering scheme as 

the prior issues: 

(8) EPCA defines a packaged boiler as 

"a boiler that is shipped complete with 

heating equipment. mechanical draft 

equipment. and automatic controls; 

usually shipped in one or more 

sections." For the majority of sectional 

cast iron boilers, a distributor, and not 

the boiler manufacturer. physically 

ships out sections of the boiler to the 

purchaser. Sometimes, a burner 

manufacturer may ship the burners 

directly to the purchaser from the 

factory, or alternately. an installer can supply them at the installation site. Are 

such boilers covered products under 

EPCA. and if so. who is responsible for 

ensuring their compliance with EPCA 

requirements? 

(9) Are high pressure boilers covered 

products? Here, the term "high pressure 

boilers" applies to boilers classified by 

ASME Boiler and Pressure Vessel Code. 

Section I. Power Boilers. which are 

designed to operate at steam pressures 

above 15 psig, or at hot water 

temperatures above 250°F. 

(10) For low pressure hot water 

boilers. should we specify inlet and 

outlet temperatures as per uniform test 

conditions recommended by NlST? 

These include an inlet water 

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

water temperature of 180°F ±2°F, for 

both gas-fired and oil-fired boilers. 

C. The Proposed Rule 

Today's proposed rule incorporates 

(1) energy efficiency test procedures for 

commercial packaged boilers, (2) 

definitions that clarify EPCA's coverage 

of this product. and (3) energy 

conservation standards prescribed by 

EPCA. In preparing these proposals, we 

have considered both oral and written 

comments. and have incorporated 

recommendations where 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 of Coverage." a' 

(C) addresses "Commercif 

Boiler Test Procedures fo' 

Measurement of Energy 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 (HV AC) Equipment" 

(which appears to be the relevant source 

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

concerning test procedures). refers to 

five test standards for commercial 

heating boilers. Of these five. four 

include an explicit definition for one or 

more types of a packaged boiler. The 

definitions in three of the four 

referenced standards are essentiaJJy 

similar with respect to the heating 

equipment and controls. The fourth 

standard introduces a size limit within 

the definition of a packaged boiler. The 
EE-RM-TP-99-470 COMMENT 01C

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

fifth standard, ASME PTC 4.1, does not 

define a packaged boiler. 

Specifically, the first referenced test 

standard. the Hydronics Institute (HI) 

test standard "Testing and Rating 

Standard for Heating Boilers-1989" 

(HI-1989). defines a packaged boiler as 

"a boiler-burner unit factory assembled 

and wired", where the "boiler-burner 

unit" is defined as "a combination of 

boiler. burner. combustion chamber 

design (if required) and controls, 

marketed as a unit". HI-1989 does not 

specifically limit the test standard to 

packaged boilers. However. HI-1989 

limits the test standard to low pressure 

heating boilers defined in ASME Boiler 

and Pressure Vessel Code. Section IV. 

Heating Boilers. 

The second referenced test standard, 

Underwriters Laboratory (UL) test 

standard UL Standard 726 for "Oil-Fired 

Boiler Assemblies," defines an oil-fired 

boiler assembly as "a boiler assembly 

equipped with one or more oil burners. 

and all the necessary safety controls, 

electrical equipment as needed. and 

related equipment, manufactured for 

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 

may be shipped as two or more major 

subassemblies." In addition. both UL 

Standard 726 and UL Standard 795 

specify that" * * * each subassembly 

shall be capable of being incorporated 

into the final assembly without 

requiring 'lIterati on. cutting. drilling. 

threading. welding or similar tasks by 

the installer * * *" Both UL Standard 

726 and UL Standard 795 also limit the 

scope of coverage to a boiler assembly. 

The fourth referenced test standard. 

ANSI Standard Z21.13. does not define 

a packaged boiler. However, the 

standard limits its scope of coverage to 

gas-fired low pressure steam and hot 

water boilers (defined in its Part IV. 

Definitions. as a self-contained gas 

burning appliance for supply steam or hot water) with input ratings of less 

than 12,500.000 Btu per hour. 

The fifth referenceo test standard. 

ASME Power Testing Codes for Steam 

Generating Units. ASME PTe 4.1. does 

not include a definition for a packaged 

boiler. 

During the April 1998 DOE workshop. 

participants discussed the defining 

characteristics of a packaged boiler in 

terms of its method of shipment and 

assembly. its application (e.g., space 

heating/conditioning. service water 

heating. industrial processing. and 

utility applications). its capacity (size). 

and its operating characteristics (e.g .• 

low pressure steam and hot water 

heating boilers. high temperature hot 

water boilers. and high pressure steam 

boilers). Each of them are discussed 

individually below. 

2. Method of Shipment and Assembly 

The Gas Appliances Manufacturers 

Association (GAMA) stated that a 

packaged boiler is a boiler which the 

manufacturer designs with specific 

component models which are listed in 

the manufacturer's catalog. (GAMA. 

April 1998 transcript, at 133). The boiler 

may not come out of the manufacturer's 

factory as a completely assembled 

product ready for shipment. due to a 

heavy bulk or other considerations. It 

may be shipped in subsections that are assembled together in the field. 

However. when assembled. the boiler 

would conform to the manufacturer's 

predefined design for its basic model. 

The Council of Industrial Boiler 

Owners stated that even though there 

were no clear-cut criteria on what 

constitutes a packaged boiler. generally 

a boiler will not be considered a 

packaged boiler if it needs field 

welding. pressure parts. or fabrication of 

the assembly at the site. (CIBO. April 

1998 transcript, at 136). 

The October 1998 workshop 

participants also discussed what 

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

boiler industry subscribes to the 

definition of packaged boiler in the 

Hydronics Institute (HI) Standard, as "a 

boiler-burner unit factory assembled 

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

1998 transcript, at 209). Weil-McLain 

stated that this definition is different 

from the EPCA definition. under which 

the boiler can be shipped in separate 

sections not assembled in the factory. 

Weil-McLain stated further that it sells 

cast iron boilers in three different ways: 

(1) Factory assembled and wired as 

defined by HI, so that the boilers can be 

installed at the site without any further 

assembly. (2) with only the heat 

exchanger sections bolted together in 

the factory, and with these and other 

boiler components (e.g .• burner, controls 

and jacket) shipped in separate sections 

for subsequent assembly at the job site. 

and (3) through boiler distributors. who 

maintain inventories of heat exchanger 

sections, controls and burners (or order 

them directly from their respective 

manufacturers). and who either ship all 

the necessary components. or have 

manufacturers ship some or all of the 

components. to the customer for 

assembly as a complete boiler at the 

customer's site. Weil-McLain stated that 

the third manner accounts for probably 

90 percent of their sales and asked 

whether the manufacturer would be 

held accountable for the performance of 

boilers sold in this way since they had no control over the distributors and how 

the unit was assembled. Mestek. Inc. 

agreed with We ii-McLain. (Mestek. 

October 1998 transcript. at 214). 

Weil-McLain also stated that for every 

model of boiler that it sells for field 

assembly. it also sells a packaged boiler 

of the same design factory assembled 

and wired (as per HI definition). These 

factory assembled boilers are tested and 

certified by the Hydronics Institute. 

Weil-McLain stated that it will 

guarantee the efficiency rating of boilers 

that are not factory assembled, if all the 

components used in the field assembly 

(including cast iron heat exchanger 

sections, burner. and controls) are 

identical (by model. by type, and by 

deSign) to those on the factory 

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

the efficiency of field-assembled boilers 

with Weil-McLain cast iron sections, if 

these use burners that were not 

specified by the company and not tested 

and certified by HI. 

For purposes of this rulemaking. the 

definition in EPCA for packaged boilers 

is the governing definition. It seems obvious that boilers sold in the first two 

ways described by Weil-McLain fit 

within the EPCA's definition of 

packaged boiler. As to the third, we 

considered the statements by WeilMcLain and Mestek on sectional cast 

iron boilers. and believe that these 

boilers also meet the statute's definition 

of a packaged boiler. This conclusion is 

supported in part by our belief that the 

wording in the definition. "usually 

shipped in one or more sections," is 

designed to include not only steel and 

copper boilers. which are usually 

shipped as completely assembled units. 

but also large sectional cast iron boilers, 

which can be shipped in sections. This 

language would become almost 

meaningless if the definition were 

construed as excluding boilers sold in 

the third manner, since it appears that 

90 percent of cast iron boilers are 

shipped in this way. i.e., components 

are shipped by distributors or separate 

manufacturers. sometimes from distinct 

locations. In addition. cast iron boilers 

are a major portion of the commercial 

boilers that provide space heating in 

buildings. To exclude boilers shipped in 

this manner from coverage under EPCA 

would, therefore. exclude a major share 

of commercial boilers from the statute's 

reach. We see no basis for concluding 

that Congress intended such an 
EE-RM-TP-99-470 COMMENT 01C

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 of a 

packaged boiler must be shipped from 

the same initial location, or at the same time. 

Furthermore, we agree with the 

manufacturers' concern over the use of 

burners not approved and specified by 

the boiler manufacturers. EPCA defines 

"manufacturer" as "any person who 

manufactures a consumer product" and 

"manufacture" to mean "manufacture, 

produce, assemble or import." (42 

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

construe EPCA as meaning that a firm 

that produces a boiler in its entirety, or that specifies and approves a boiler's 

components by make and model 

numbers, including burners "Or other 

components produced by others, is a 

manufacturer of that boiler within the 

meaning of the statute. If a distributor, 

installer or another vendor sells a boiler 

with components that are not specified 

and approved by another manufacturer, 

we consider that vendor to be the 

manufacturer by virtue of having 

assembled the boiler. 

We believe that the definition of 

packaged boilers, which may consist of 

boilers shipped in major sub-assemblies 

for ease of transport and designed to fit 

together at customers' sites, is clear 

enough to distinguish them from 

custom-designed. field-constructed 

boiler systems. which generally require 

alteration. cutting. drilling. threading. 

welding or similar tasks by the installer. 

In this respect no additional 

clarification is needed to establish the 

definition of packaged boilers beyond 

the text that appears in the statute. 

3. Application 

Participants at the April 1998 

workshop raised questions regarding the 

effect of a packaged boiler's end use on 

its coverage under a DOE test procedure, 

since the statute does not explicitly 

limit its type of application. Several 

attendees. including GAMA and Lennox 

International asserted that EPCA 

requirements are based on ASHRAE 

Standard 90.1. and that the standard's 

scope is limited to heating products for 

space conditioning and service water 

only. (GAMA. April 1998 transcript. at 

144; Lennox. April 1998 transcript. at 

237). 

By its title. "Energy Efficiency Design 

of New Buildings except Low-Rise 

Residential Buildings" ASHRAE 

Standard 90.1 indicates that it is 

concerned with minimizing energy 

consumption in the operation and 

maintenance of the building per se (that 

is. energy consumption with respect to 

the function of the building and the 

comfort of the occupants). While 

ASHRAE Standard 90.1-1989 contains 

no specific language excluding any 

specific type of heating products 

installed in the building. the test 

procedures and standards referenced by 

ASHRAE Standard 90.1 do appear in the 

section for HV AC equipment (Section 

10 of ASHRAE Standard 90.1-1989. 

Heating. Ventilation. and AirConditioning (HV AC) Equipment). A 

recent major revision to ASHRAE 90.1, 

entitled ASHRAE Standard 90.1-1999. 

revised the Title. Purpose. and Scope 

(TPS) of the standard to exclude from 

coverage "equipment and portions of 

building systems that use energy 

primarily to provide for industrial. 

manufacturing or commercial 

processes." 

We also reviewed the statute to 

ascertain its intent with respect to the 

end use of a packaged boiler. The 

review indicated the following: 

(1) In the section that defines 

"packaged boiler." the statute does not 

explicitly specify the end use of the 

boiler. 

(2) In EPCA's list of "covered 

equipment." warm-air furnaces. which 

are used for space heating. and 

packaged boilers are entered together as 

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

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

(3) EPCA groups packaged boilers 

with other covered products. including 

small commercial packaged air 

conditioning and heating products and 

storage water heaters. all of which are 

used exclusively for space conditioning 

and service water heating. EPCA 

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

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

(4) EPCA includes "steam boilers" in 

its list of industrial equipment. separate 

from warm air furnaces and packaged 

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

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

(5) The Report that accompanied H.R. 

776, the House version of EPACT, states 

that the Act "amends existing law to set 

minimum energy efficiency standards 

for electrical air conditioning, electrical 

heating and gas heating equipment. 

boilers and water heaters intended for 

use in commercial buildings. '" '" '" The 

standards'" '" '" were developed '" '" '" 

in ASHRAE Standard 90.1." HR Report 

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

Part 1. at 175 (1992). 

(6) The conservation standards 

prescribed in EPCA for heating and air 

conditioning products coincide with 

those contained in ASHRAE Standard 

90.1 at the time of enactment. and the 

statute provides for adoption by the 

Department. under prescribed 

conditions. of future amendments by 

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

6313(a)(1)-(6). 

On the basis of the above review. we 

believe that the intent of the statute is 

to apply the term "packaged boiler" to 

commercial boilers used in buildings for 

heating. space conditioning and service 

water heating. and to designate the term 

"steam boilers" for other industrial 

applications. such as for manufacturing 

processes and power generation. 

Therefore. consistent with the 

comments from the April 1998 

workshop. under DOE's proposed 

definition of commercial packaged 

boiler EPCA efficiency requirements 

would apply only to boilers that, to any 

significant extent. are distributed for 

heating. space conditioning. or service 

water heating applications in 

buildings .1 

4. Capacity 

As mentioned above. participants at 

the April 1998 workshop discussed the 

scope of the definition of packaged 

boiler with respect to capacity (size). 

Some attendees suggested that size or 

rated capacity can be a possible 

criterion for defining the scope of 

coverage in a DOE test procedure for 

packaged boilers. As indicated 

previously. ANSI Standard Z21.13 

limits itself to low pressure steam and 

hot water boilers with less than 

12.500.000 Btu per hour input. A review 

of commercial boilers in the 1998 

certified rating directory of the 

Hydronics Institute showed the largest 

capacity boiler to be a gas-fired heating 

unit with approximately 14.000.000 Btu 

per hour gross output. which would 

imply that packaged low pressure steam 

and hot water heating boilers are 

produced in quantity with output 

capacities of up to approximately 14 

million Btu per hour. However. the 

California Energy Commission (CEC) 

stated that the statute does not provide 

an upper limit on capacity in its 

definition of packaged boilers. and 

asserted that one cannot therefore 

specify an upper limit on capacity in a 

DOE test procedure for them. 

1 Boilers that provide service water are generally 

referred to as "hot water supply boilers." For the 

most part. the Department is addressing the 

efficiency requirements for this product in a 

separate. parallel rulemaking that concerns 

commercial water heating products. The instant 

rulemaking covers commercial packaged boilers 

that prOVide service water. however. in two 

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

heating requirements. but that is also distributed to 

a significant extent for heating or space 

conditioning applications. would have to comply 

with both sets of requirements. Second. a service 

water heating boiler that is not subject. under 

Addendum n to ASHRAE Standard 90.1-1989. to 

the efficiency requirements that apply to 

commercial water heaters. wouid have to meet the 

requirements for boilers. 
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We agree with CEC's statement that 

the statute does not specify an upper 

limit on the capacity. We also 

understand that there are packaged 

boilers used for heating buildings. 

especially of the fire tube and water 

tube design. whose capacities greatly 

exceed the capacity values specified in 

ANSI Standard Z21.13 or those in the 

Hydronics Institute's certified rating 

directory. Therefore, we see no basis to 

conclude that EPCA covers only 

commercial packaged boilers below a 

certain size. and we include no upper 

limit on capacity in today's proposed 

definition of the product. Consequently, 

the proposed test procedure would 

apply to commercial packaged boilers 

regardless of size. Nevertheless, DOE 

recognizes that the limited quantities of 

the types of high-capacity boilers used 

for space heating. coupled with their 

large capacities, may make their testing 

under a DOE test procedure in 

laboratory conditions costly or 

impractical. Therefore, we solicit 

comments from all stakeholders on 

whether there is an upper limit on 

capacity above which the testing 

procedure proposed today would be 

unduly burdensome to conduct, and 

thus improper to prescribe under the 

provisions ofEPCA (42 U.S.C. 6314 (a) 

(2)). 

5. Operating Characteristics 

During the April1g98 workshop, 

attendees raised the coverage issue for 

packaged high pressure boilers. CIBO 

and others pOinted out that when the 

end user applies a packaged boiler to 

produce hot water and steam for heating 

in industrial and manufacturing 

processes, considerations other than 

efficiency at steady state may strongly 

influence the selection and operation of 

the boilers. (CIBO, April 1998 transcript, 

at 145). The American Boiler 

Manufacturers Association (ABMA) and 

CIBO stated that the operation of 

packaged high pressure steam and high 

temperature hot water boilers for 

industrial processing is different from 

the low pressure steam and hot water 

heating boilers typically used in space 

heating and service water heating 

applications. (CIBO, April 1998 

transcript, at 145). 

According to Chapter 10. Steam 

Systems, of the 1996 ASHRAE HVAC 

System and Equipment Handbook, 

investment and operating cost 

considerations, energy efficiency. and 

control stability all require the pressure 

to be held to a minimum value that will 

accomplish the required heating task. 

The text goes on to say that space and 

domestic water heating can best be 

accomplished with low-pressure 

systems. During the October 1998 

workshop, NIST proposed in its 

recommendation report that only 

packaged low pressure steam and hot 

water boilers should be covered in the 

proposed test procedure. The GEC 

objected to that proposal. GEC stated the 

opinion that the statute sets a minimum 

efficiency standard for all packaged 

boilers. which it considers to include 

high pressure boilers, and that DOE 

cannot limit the scope of the test 

method to low pressure steam and hot 

water boilers. (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 pressure boilers from 

coverage under the statute. Moreover, 

based on the above. we believe there are 

instances where high pressure packaged 

boilers are used for heating buildings. 

Therefore, under today's proposed rule, 

EPCA's efficiency requirements would 

in effect apply to packaged high 

pressure boilers which, to any 

significant extent. are distributed for use for space conditioning in buildings. 

During the two DOE workshops, 

participants expressed differing 

opinions on the coverage of high 

pressure boilers. and we realize that 

there may not be clear-cut criteria for 

distinguishing a packaged high pressure 

boiler that can be used for space 

conditioning. Also, as discussed above 

under the issue of capacity, the limited 

quantities and large sizes of packaged 

high pressure boilers employed in space 

heating may make testing under the 

proposed DOE procedure unduly 

burdensome. Therefore, we are 

soliciting comments from all 

stakeholders on the options of: 

(1) Limiting application either of all 

EPCA efficiency requirements, or of 

only the proposed DOE test procedure. 

to packaged high pressure boilers that 

are principally designed for heating 

buildings. or (2) Limiting coverage of packaged 

high pressure boilers to a certain 

maximum working pressure. such as 

150 psig. above which one is unlikely to 

use a boiler in a commercial building 

due to the pressure limitation of the 

terminal heating equipment. 

C. Commercial Packaged Boiler Test 

Procedures for the Measurement of 

Energy Efficiency 

Section 343(a)(4)(A) ofEPCA requires 

the test procedures for measuring the 

efficiency of commercial packaged 

boilers to be those generally accepted 

industry testing procedures or rating 

procedures that were developed or are 

recognized by the American SOciety of 

Heating. Refrigerating and Air 

Conditioning Engineers. Inc .. as 

referenced in ASHRAE/IES Standard 

90.1 and that were in effect on June 30. 

1992.42 U.S.C. 6314(a)(4)(A). Also, if 

such an industry test procedure or 

rating procedure for commercial 

packaged boilers is amended. the 

Secretary must adopt such revisions 

unless the Secretary determines that to 

do so would not produce test results 

which reflect energy efficiency. energy 

use, and estimated operating costs. or 

that the procedures would be unduly 

burdensome to conduct. 42 U.S.C. 

6314(a)(4)(B). 

The version of ASHRAE Standard 

90.1 in effect on June 30. 1992, 

references five industry test standards 

that apply to gas-fired boilers or oil-fired 

boilers or both. These are the ANSI 

Standard Z21.13-1987 for gas-fired 

boilers; the HI Testing and Rating 

Standard for Heating Boilers, sixth 

edition. 1989. for gas and oil-fired 

boilers (HI 1989); ASME Power Test 

Codes (PTC) 4.1-1964 including the 

1968 and 1969 Addenda (reaffirmed 

R1991) for Steam Generating Units for 

fossil fuel boilers (ASME PTC 4.1); the 

Underwriters Laboratory Standard 795-

1973 for gas heating equipment (UL 

Standard 795); and the Underwriters 

Laboratory Standard UL Standard 726-

1990 for oil-fired boilers (UL Standard 

726). Of the five test standards. four are 

applicable to gas-fired boilers and three 

are applicable to oil-fired boilers. 

Specifically. ANSI Standard Z21.13 

covers gas-fired boilers and limits the 

size of the test boiler to 12.500.000 Btu 

per hour. The 1991 version of the 

standard sets the outlet water 

temperature at 180°F±2°F without 

specifying an inlet test temperature. A 

value of 80°F ±10°F, however. is 

specified in its Combustion Test section. 

A revision of the standard in 1993 

(ANSI Standard Z21.13a-1993) specifies 

the inlet temperature of 80°F±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 of temperature rises across the 

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

result in a test inlet water temperature 

ranging from 35°F to 80°F. 

UL Standards 726 and 795 apply to 

both low pressure and high pressure 

boiler assemblies fired by oil and gas. 

respectively. The section on Combustion Test specifies that the 

boiler is to be installed and adjusted in 

accordance with manufacturer's 

instructions. and fired at the rated input 

until steady state combustion conditions 

of draft. fuel input rate. and flue gas 

temperature have been established. A 

flue loss which is based on the 

measured flue gas temperature and flue 

CO2 concentration is used in the 

efficiency evaluation. However. the 

standards do not provide a calculation 

procedure for the flue loss. The 

Continuous Operation Test does set the 

test conditions for steam pressure and 

water temperatures. However. these 

conditions are meant to ensure the 

continuous safe operation of the boiler 

and are not necessarily those intended 

for an energy performance test in 

accordance with the manufacturer's 

instructions. Also. the conditions for the 

Continuous Operations Test are set 

close to the limit setting of the pressure 

and/or temperature limit control device. 

and not at the settings for normal 

operation of the boilers. 

ASME PTC 4.1 is devised for steam 

generating units and high temperature 

water heaters. The standard is basically 

designed for an acceptance testing after 

installation. It does not specify the 

operational conditions for the efficiency 

test. The operational conditions are to 

be determined by agreement between 

interested parties. The standard 

recommends that in determining the 

efficiency of gaseous or liquid fuel-fired 

steam generating units. the test runs 

should preferably be not less than of 

four hours duration. The standard 

provides a procedure for an abbreviated 

efficiency test (Simplified Efficiency 

Test) based on the heat loss method. 

where only the major losses (flue losses 

and radiation or jacket loss) and the 

chemical heat in the fuel. are 

considered. Most manufacturers of 

packaged steel boilers use the 

Simplified Efficiency Test. and not the 

detailed procedure appearing in the 

standard. 

1. Test Procedure and Test Conditions 

for Low Pressure Steam and Hot Water 

Boilers 

All ASHRAE Standard 90.1 

referenced test standards from the above 

list are applicable to low pressure steam 

and hot water boilers. However. we 

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

efficiency according to the ANSI 

Standard Z21.13. and most oil-fired 

boilers according to the HI-1989 

standard. The two UL standards are 

mostly used for safety certification 

purposes. The ASME PTC 4.1 is used 

mostly for steel fire tube and water tube 

type boilers with low to very high 

pressure ratings. 

During the April 1998 workshop. it 

was suggested that. for comparison 

purposes. a single uniform test 

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

the DOE test procedure. As stated. 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 of the 

procedures spelled out in HI-1989. A 

comparison of HI-1989 and ANSI 

Standard Z21.13a-1993 shows that the 

test setups. instrumentation. and other 

features of the two test standards for 

gas-fired boilers are very similar. The 

only differences are the water inlet and 

outlet conditions for hot water boilers. 

which are discussed later. and the 

insulation requirement of the test flue 

stack. The difference in the insulation 

requirement in the test setup is that the 

HI-1989 standard requires insulation of 

the test stack up to the location of flue 

gas temperature measurement. while 

ANSI Standard Z21.13 does not require 

any insulation. This would result in a 

higher combustion efficiency (and a 

lower calculated flue loss based on flue 

gas temperature) by using the ANSI 

Standard Z21.13 procedure compared 

with the HI-1989 procedure. if all other 

test conditions were the same. Also at the October 1998 workshop. 

the CEC recommended that the HI-1989 

test standard be adopted by us as the 

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

transcript. at 178). 

The American Boilers Manufacturers 

Association (ABMA) and Council of 

Industrial Boiler Owners (CIBO) state 

that EP ACT requires the test procedures 

to be those generally accepted industry 

testing or rating procedures. (ABMA. 

April 1998 transcript. at 187; CIBO. 

April 1998 transcript. at 194). ABMA 

states that in the boiler industry (those 

represented by ABMA) the 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 efficiency between 

packaged low pressure boilers and high 

pressure boilers. and it believes that one 

can use the HI test procedure speCified 

for low pressure boilers to also test the 

combustion efficiency of high pressure 

boilers. (BR Laboratories. October 1998 

transcript. at 242). 

As mentioned above. ANSI Standard 

Z21.13 and HI-1989 differ in their test 

conditions for both inlet and outlet 

water temperatures. At the April 1998 

workshop. participants pointed out that 

the specification of water inlet 

temperature in ANSI Standard Z21.13a1993 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 identical units under fll-1989 

could vary depending on the test inlet 

temperature. We understand that the 

reason for this latitude in the HI-1989 

specification is that the boilers are 

tested at the manufacturers' locations. 

and not at the Hydronics Institute. 

Depending on the season and 

geographical location of the . 

manufacturer. the inlet water 

temperature from the water main (or 

other source) can vary Widely. During 

the workshop. York International 

cautioned that a more stringent test 

condition could require controlling the 

temperature of a large quantity of inlet 

water in a way that may be difficult to 

achieve. (York. April 1998 transcript. at 

194). 

At the October 1998 workshop. NIST 

proposed adopting the HI-1989 

standard for both gas and oil-fired low 

pressure steam and hot water boilers. 

with a revised inlet water temperature 

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

of 180°F ±2°F. to conform to the 

requirement of ANSI Standard Z21.13a1993. This test. with a controlled inlet 

water temperature. may require 

temperature pre-conditioning of large 

volumes of inlet water in some regions 

of the country. However. since this 

procedure is specified in ANSI Standard 

Z21.13a-1993. and has been an 

established practice since 1993. we 

believe it will not be a major problem 

for a boiler of less than 12.500,000 Btu 

per hour rated input. 

The proposed temperature of 

180°F±2°F for the required outlet 

temperature for hot water boilers. as 

opposed to the 200°F ±5°F in the HI 
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standard, might produce a slight 

increase in the combustion efficiency 

value of oil-fired boilers currently tested 

by the HI standard (which is due to a 

lower flue gas temperature and flue 

loss). However. we believe that this 

increase would be small. BR 

Laboratories Inc. stated that the use of 

the HI standard's wide range for the 

permissible inlet water temperature 

would lessen the burden on 

manufacturers. and the inlet 

temperature specification has no impact 

on the efficiency. (BR Laboratories. 

October 1998 transcript. at 254-55). 

Weil-McLain agreed that the outlet 

water temperature has more of an 

impact on the combustion efficiency. A 

lower (180°F) temperature would give 

those oil and pcwer gas boilers 

currently tested to the HI standard a 

better efficiency value. (Weil-McLain. 

October 1998 transcript. at 257). 

However. for gas-fired boilers currently 

tested to the ANSI Standard Z21.13 

standard. changing the outlet 

temperature from 180°F (under current 

specification) to 200°F (if the HI 

standard is used instead. as suggested) 

might cause their efficiency to degrade. 

Therefore. Weil-McLain recommended 

keeping the two standards. HI-1989 and 

ANSI Standard Z21.13. with the HI 

standard for use with the power gas and 

oil-fired boilers. and the ANSI Standard 

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

However. if a single test standard is 

needed. Weil-McLain would prefer the 

180°F outlet water temperature. since it 

reflects the current practice for testing 

gas-fired boilers. and is also the 

temperature tested under the Hydronics 

Institute auditing program. 

We also considered the other three 

test standards referenced by ASHRAE 

Standard 90.1-1989. Of these three test 

standards. the ASME PTC 4.1 standard. 

with the exception of its Simplified 

Efficiency Test procedure, is intended 

for (large) f;team generating heating and 

power boilers. It requires a detailed 

account of the energy expenditures of 

all components in the boiler system. and 

appears to be burdensome for smaller 

capacity boilers. The HI standard 

appears to be a satisfactory substitute for 

the ASME PTC 4.1 for low pressure 

steam boilers, since the test and 

calculation procedure in the HI standard 

is close to the Simplified Efficiency Test 

(Abbreviated Efficiency Test) of ASME 

PTC 4.1. The two UL standards are 

mainly used for the safety certification 

of boilers. The test procedures for 

energy performance in the UL standards 

for low pressure boilers are similar to 

the HI-1989 standard. However. the UL 

standards do not provide a procedure 

for calculating flue loss. We thus believe 

that the HI-1989 standard is better 

equipped than the two UL standards for 

testing the energy efficiency of low 

pressure steam and hot water boilers. 

Even though there might be some 

differences in the test conditions 

between HI-1989 and ANSI Standard 

Z21.13, the attendees at the two 

workshops suggested that basically the 

HI test standard can be used to cover 

gas-fired and oil-fired low pressure 

heating boilers. We considered three 

options. The first is to adopt ANSI 

Standard Z21.13a for all gas-fired 

boilers and HI-1989 for all oil-fired 

boilers. This would make the currently 

listed efficiency values (in Hydronics 

Institute Certification Directory. for 

example) of boiler models that are 

already on the market to stay 

unchanged. However. because of the 

differences in test conditions between 

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

accurately. The second option is to 

adopt the HI-1989 test standard for both 

gas-and oil-fired heating boilers. This 

option may create the problem that for 

a gas-fired hot water boiler. the resulting 

efficiency based on a 200°F outlet water 

temperature is likely to be less than its 

current value based on a 180°F 

temperature. This may create a problem 

for those boilers that just meet the 

minimum efficiency standard specified 

in EPCA. The third option is to adopt 

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

modification that the outlet temperature 

for hot water boilers be specified at 

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

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

efficiency that could be slightly higher 

than its current value. However. we 

believe that no re-testing is necessary 

since the boiler's current efficiency 

value would be a conservative one. The 

other two factors that may cause the 

efficiency value of a gas-fired boiler to 

change under HI-1989 are the larger 

inlet temperature range permitted (35°F 

to 80°F) and the flue pipe insulation 

requirement (up to the point of flue 

temperature measurement location-12-

inches maximum from the flue collar). 

However. we believe that the effect of 

these differences is small. since 

combustion efficiency is mainly a 

function of the outlet water or steam 

temperature (as discussed above). and 

the portion of the heat loss through the 

flue pipe that would affect the flue 

temperature measurement (and flue 

loss) due to the insulation is restricted 

to the first 12 inches of the flue pipe. 

Based on the above. we are proposing 

to adopt the HI-1989 standard as the 

DOE test procedure for gas and oil-fired. 

low pressure steam and hot water 

commercial packaged boilers. with the 

provisions that: (1) the outlet water 

temperature for hot water boilers be set 

at 180°F ±2°F. and (2) for gas-fired 

boilers. to calculate the flue loss a 

manufacturer may use the procedure 

specified in Exhibit D of ANSI Z21.13-

1993 instead of the procedure in section 

11.2 of HI-1989. 

Based on the comments from ClBO 

that some manufacturers use mainly the 

ASME PTC 4.1 test standard and may 

not be familiar with the HI-1989 test 

standard, we are proposing to allow 

manufacturers the alternative of using 

the Simplified Efficiency Test of ASME 

PTC 4.1. with the provisions that: (1) 

The inlet water temperature will range 

from 35°F to 80°F. (2) for hot water 

boilers. the outlet water temperature 

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

steam pressure will range from 

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

in the heat loss method of ASME PTC 

4.1 for the determination of efficiency. 

the radiation loss term will be set to 

zero to obtain the combustion efficiency 

(of 100 percent minus percent flue loss). 

We believe the calculation procedures 

by the heat loss method according to 

HI-1989 and the Simplified Efficiency 

Test of ASME PTC 4.1 are nearly 

identical. and that comparisons between 

the test results from the two standards 

would be valid when the Simplified 

Efficiency test is used with the above 

four provisions. We welcome comments 

from all stakeholders on today's 

proposed test procedures as described 

in this paragraph. and on whether we 

should adopt instead. one of the other 

considered options. 

2. Testing for High Pressure Steam and 

High Temperature Water Boilers 

ASHRAE Standard 90.1-1999. 

modified the definition of a boiler 

(section 3.2 of ASHRAE Standard 90.1-

1999. definitions) so that a boiler is 

defined as a "self-contained. low 

pressure appliance for supplying steam 

or hot water." This definition is 

followed by a definition for packaged 

boilers. which is defined as a specific 

class of boilers. ASHRAE Standard 

90.1-1989 did not include the term 

"low pressure" in the boiler definition. 

and did not include a definition for 

packaged boilers. For test procedures 

that are applicable to packaged high 

pressure steam and high temperature 

hot water boilers. ASHRAE Standard 

90.1-1989 references three test 

procedures. They are ASME PTC 4.1 for 

steam boilers. UL Standard-795 for gasfired heating equipment including 

boilers. and UL Standard-726 for oil-
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fired boilers. Of these three test 

procedures, ASM:E PTC 4.1 provides 

detailed procedures for energy 

efficiency tests. However, ASME PTC 

4.1 does not specifically provide the test 

conditions with respect to steam 

pressure or water temperature. The 

intent of ASM:E PTC 4.1 is to guide the 

acceptance testing of large steam 

generating units, where the operational 

conditions are part of the agreements 

negotiated between the interested 

parties (Sections 3.01and 3.04 of ASME 

PTC 4.1). 

As described above in section II C, 

ASM:E PTC 4.1 also prOVides for an abbreviated (simplified, or short form) 

efficiency test for small heating and 

industrial steam generators. The two UL 

standards specify test conditions 

(installed and adjusted in accordance 

with the manufacturer's instructions 

and fired at the rated input) for 

determining steady state energy 

performance in their combustion test 

sections (see Section 36 of UL Standard 

726 or Section 51.1 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 use the HI-1989 standard to test 

high pressure boilers, since the 

measurement requirements for 

combustion efficiency test are the same 

for both low and high pressure boilers. 

(BR Laboratories, October 1998 

transcript, at 242). However, during the 

April 1998 workshop, both ABMA and 

CIBO stated that their members use the 

ASM:E PTC 4.1 test procedure, and are 

not familiar .vith the HI-1989 standard 

(see discussion under section n.c.l for 

low pressure boilers above). Informal 

conversations with some steel boiler 

manufacturers indicated that industry 

manufacturers of steel fire tube and 

water tube boilers of all pressure ranges 

(from 15 psig steam pressure and up) 

use the short form test (the Simplified 

Efficiency Test) of ASM:E PTC 4.1 and 

not the HI-1989 standard. 

Based on a consideration of the above, 

we are proposing today to adopt the 

abbreviated efficiency test (the 

Simplified or short form Efficiency Test) 

as specified in section 1.07 of ASME 

PTC 4.1 as the DOE test procedure for 

packaged high pressure steam and high 

temperature hot water boilers covered 

by EPCA. Also, since the ASM:E PTC 4.1 

does not specify the test condition for 

the efficiency test, and the test 

conditions with respect to steam 

pressure and water temperature vary 

with the design of the boiler, we are 

proposing that the conditions specified 

in the two UL standards be specified as 

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

installed and adjusted in accordance 

with the manufacturer'S instructions 

and fired at its rated input. We further 

propose that the water temperature and 

steam pressure be prescribed to reflect 

the normal conditions for which the 

manufacturer designed the boiler. As 

stated previously, even though the 

calculation procedure for the heat input 

term (from chemical heat in the fuel 

only, ignoring any other heat credit) and 

the major heat loss terms in ASME PTC 

4.1 are similar to those specified in the 

HI-1989, the steel boiler industry's 

familiarity with the test procedure 

would make the ASME PTC 4.1 test 

procedure less burdensome to these 

manufacturers. 

We welcome comments on the 

proposal to adopt the Simplified 

Efficiency Test of ASME PTC 4.1 for 

packaged high pressure boilers. In 

particular, we solicit suggestions on a 

uniform procedure for determining the 

normal steam pressures and water 

temperatures for which boilers are designed, perhaps based on (or with 

reference to) the maximum pressure 

ratings, and for specifying the 

corresponding conditions in the 

effiCiency test procedures. 

3. Provisions for Low Temperature 

Applications 

ASHRAE Standard 90.1 and the test 

standards referenced by it do not 

specifically provide test conditions for 

hot water boilers designed for low 

temperature applications (having a 

supply water temperature of 140°F or a 

return water temperature of 120°F, or 

less). Attendees at the April 1998 

workshop questioned whether a 

significant number of these boilers were 

sold on the market, and commented it 

was unnecessary for DOE to develop 

another set of test conditions that 

deviate from those specified in ASHRAE 

Standard 90.1. We agree with these 

comments and will not propose a 

different set of test inlet and outlet 

water temperatures for applications 

requiring low supply and return 

temperature settings. 

4. Provision for Condensing Boilers 

ASHRAE Standard 90.1 and its 

referenced test standards do not 

specifically provide test conditions for a 

condensing boiler, which is a hot water 

boiler designed to condense part of the 

water vapor in the flue gases and which 

is equipped to collect and drain such 

condensate. Attendees at the April 1998 

workshop commented that, because of 

the absence of commercial condensing 

boilers from the market, it was not 

necessary for DOE to develop a test 

procedure different from that specified 

in the ASHRAE Standard 90.1. 

We disagree with the comments from 

the workshop attendees on this issue. 

We are unable to conclude that 

commercial size condensing boiler 

models are unavailable in the market. 

Also, since condensing boilers are significantly more energy efficient than 

non-condensing boilers, we believe that 

even if there were presently no such 

boilers on the market, a test procedure 

should be in place so that any 

manufacturer of condensing boilers 

would have a readily available accurate 

method for testing them to establish 

their efficiencies for compliance with 

EPCA. In addition, a test procedure is 

needed for evaluating design options 

underlying any future minimum 

efficiency standards. Even though the 

ASHRAE Standard 90.1-referenced 

standards do not specify an appropriate 

test procedure, ASHRAE Standard 103-

1993 has been in use over the last 

decade and provides a method for 

measuring the increased energy 

efficiency of residential condensmg 

boilers under steady state test 

conditions. We believe that fr thod 

of collecting and measuring t mtity 

and the temperature of the flL 

condensate under steady state 

conditions at the maximum rated input 

over a 30 minute test period can also be 

applicable to a commercial cr densing 

boiler. Therefore, we are pre ;ng to 

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 

of a sucl: , ryoiler. 

In pro; . ,,ing the adopt test 

procedur~. a slight modi: 

applied to the equation ir m 11.3.7.2 of ASHRAE 103- or 

steady state heat loss due lnt 

condensate flowing dowl l1e ...rain. In 

the aforementioned section, the 

assumed indoor temperature is specified as 70°F, and the average outside 

temperature as 42°F. The modification 

replaces both of these temperatures with 

the actual temperature of the test area. In addition, even though the boiler inlet 

water temperature may not be a major 

factor affecting the combustion 

efficiency of a non-condensing boiler, 

previous experience with residential 

condensing boilers indicates that the 

inlet water temperature has a significant 

effect on the amount of flue condensate 

produced. so a more precise 

specification is needed for the inlet 

temperature. Therefore, we are 

proposing that for testing a condensing 

boiler, the boiler inlet water temperature 
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be restricted to 80°F±5°F instead of the 

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

5. Modular Boilers and Multiple Boilers 

Participants at the DOE April 1998 

workshop raised the issue of how to rate 

a modular boiler assembly (consisting of 

a group of identical, smaller boilers or 

modules, usually of less than 400,000 

Btulh input each, installed as a unit) or 

a multiple boiler system (consisting of a 

group of individual boilers, not 

necessarily of identical design, installed 

as a system). Since a modular boiler 

assembly consists of identical 

individual boilers or modules, it was 

suggested that for those types of 

packaged boilers, only a single boiler 

from the assembly needs to be tested 

and rated, and that the efficiency rating 

of the boiler assembly can be derived 

from the efficiency of the module. For 

a multiple boiler system, participants 

suggested that testing and rating the 

individual boilers in the system should 

be sufficient, and that the rating of the 

system as a whole can be derived from 

the individual ratings. There was no 

disagreement on either of these 

suggestions from the workshop 

attendees, and at the October 1998 

workshop, NlST recommended these 

suggestions for adoption. 

The Department is proposing today 

that the efficiency rating for a packaged 

modular boiler system with the 

individual modules or boilers of 

identical design and construction may 

be based on the rating for only one 

boiler module in the assembly. For a 

multiple boiler system where the 

individual boilers are-of different 

designs, each boiler of a different design 

will be considered a separate packaged 

boiler and must meet the minimum 

efficiency standard by using the test 

procedure prescribed for this product. 

6. Testing and Rating a Steam and Hot 

Water Boiler 

The test procedures DOE proposes 

today provide methods for testing both 

hot water and steam boilers. A packaged 

boiler designed to produce only hot 

water or only steam would obviously be 

tested and rated for efficiency under 

today's proposed rules only in the 

applicable mode. As to boilers capable 

of supplying either hot water or steam, 

DOE understands that manufacturers 

customarily test and rate them in the 

steam mode, and only sometimes in the 

hot water mode. Moreover, participants 

at the April 1998 workshop indicated 

that industry practice is commonly to 

use the effiCiency rating derived from 

the steam boiler test as the efficiency 

rating when the boiler is sold as a hot 

water boiler. (April 14 workshop at page 

226) Since the steam test will generally 

provide an efficiency rating lower than 

the rating obtained by a hot water test, 

NlST recommended that we should also 

accept this practice. (October 13 

Workshop at page 199) 

In view of the above, DOE proposes to 

require that a boiler that can be used for 

both steam and hot water applications 

must be tested as a steam boiler, as 

required by HI-1989 (see Sections 

8.1.4.1 and 8.1.4.2 ofHI-1989), and that 

such efficiency rating must be reported 

to DOE and used to determine whether 

the boiler complies with the applicable 

efficiency standard. We also propose to 

allow the manufacturer the option of 

either using such efficiency rating for 

both the steam and water operations of 

the boiler, or, if the manufacturer 

prefers to report a different rating for 

water operation, using a rating obtained 

by also testing the boiler in accordance 

with the test procedure for a hot water 

boiler, as allowed in HI-1989. Section 

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

implements the testing aspect of these 

proposals. Although the proposed rule 

does not include language 

implementing the rating and reporting 

proposals, DOE intends to include it in 

the final rule. 

m. Procedural Requirements 

A. Review Under the National 

Environmental Policy Act of 1969 

EPCA prescribes energy efficiency 

standards and test procedures for 

commercial products, and in today's 

rule, we propose to implement these 

requirements for commercial packaged 

boilers. We have reviewed the proposed 

rule under the National Environmental 

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

4321 et seq., the regulations of the 

Council on Environmental Quality, 40 

CFR Parts 1500-1508, the Department's 

regulations for compliance with NEP A, 

10 CFR Part 1021, and the Secretarial 

Policy on the National Environmental 

Policy Act Uune 1994). Implementation 

of the proposed rule would not result in 

environmental impacts. We have 

therefore determined that the proposed 

rule is covered under the Categorical 

Exclusion found at paragraph A6 of 

appendix A to subpart D of the 

Department's NEPA Regulations, which 

applies to rulemakings that are strictly 

procedural. Accordingly, neither an 

environmental assessment nor an 

environmental impact statement is 

required. 

B. Review Under Executive Order 12866, 

"Regulatory Planning and Review' 

Today's proposed rule has been 

determined not to be a "significant 

regulatory action," as defined in section 

3(f) of Executive Order 12866, 

"Regulatory Planning and Review." 58 

FR 51735 (October 4,1993). 

Accordingly, this action was not subject 

to review under the Executive Order bv 

the Office of Information and Regulatory 

Affairs. 

C. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act of 

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

preparation of an initial regulatory 

flexibility analysis for every rule which 

the agency must propose for public 

comment, by law, unless the agency 

certifies that the rule. if promulgated, 

will not have a significant economic 

impact on a substantial number of small 

entities. A regulatory flexibility analysis 

examines the impact of the rule on 

small entities and considers alternative 

ways of reducing negative impacts. 

The Small Business Administration 

considers an entity to be a small 

business if, together with its affiliates. it 

employs fewer than a threshold number 

of workers specified in 13 CFR Part 121. 

The threshold number for SIC 

classification 3433, which includes 

commercial packaged boilers, and other 

non-electric heating equipment, is 500. 

We estimate that no more than 29 firms 

manufacture commercial packaged 

boilers, and of these, the majority are 

considered small businesses. The 

number of small businesses that 

manufacture commercial-sized 

packaged boilers covered by the EP ACT 

standards (with capacities of 300,000 

Btu per hour and above) could be 

smaller. 

EPCA establishes efficiency standards 

for commercial packaged boilers and 

requires the Department to prescribe test 

procedures that are accepted by 

industry and referenced in ASHRAE 

Standard 90.1. For the most part, EPCA 

specifies the standards and test 

procedures incorporated in today's 

proposed rule. Therefore, any costs of 

complying with them are imposed by 

EPCA and not the rule. Moreover, 

today's proposed rule codifies testing 

procedures that are already generally 

employed by manufacturers, both large 

and small. 

The cost of meeting the requirements 

of today's proposed rule will depend on 

the number of basic models a 

manufacturer produces and the number 

of these models that do not comply with 

the efficiency standards imposed by 
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48848 Federal Register I Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules 

EPCA and would consequently need to 

be redesigned or removed from the 

market. Since the efficiency standards 

have been in force by statute since 1994. we expect that a negligible number of 

products presently manufactured would 

need to be redesigned or discontinued. 

The cost of performing the proposed test 

procedures depends on unit size. but 

could amount to several thousands of 

dollars per basic model. To the extent 

that manufacturers must already test 

their products for efficiency to assure 

that they meet the existing statutory 

efficiency standards. or for any other 

reason. they will not incur new costs in 

complying with today's proposed rule. 

We believe that any significant 

economic impact will fall only on those 

firms which do not now routinely test 

their products. We further believe that 

testing is a widely accepted practice. 

and that companies that do not test are 

rare and do not represent a substantial 

number of small entities. 

We have. at most. very limited 

discretion to apply different 

requirements to small manufacturers. 

EPCA mandates uniform standards and 

test procedures for commercial 

products. In this regard. it is noteworthy 

that although EPCA contains a "small 

manufacturer exemption" for consumer products (42 U.S.c. 6295 (t)). it includes 

no such exemption for commercial and 

industrial products. 

Based on the above. we conclude that 

the proposed rule would not impose a 

significant impact on a substantial 

number of small businesses. 

D. Review Under Executive Order 

13132. "Federalism" 

Executive Order 13132 (64 FR 43255. 

August 4.1999) imposes certain 

requirements on agenCies formulating 

and implementing policies or 

regulations that preempt State law or that have Federalism implications. 

Agencies are required to examine the 

constitutional and statutory authority 

supporting any action that would limit 

the policymaking discretion of the 

States and carefully assess the necessity 

for such actions. The proposed rule 

published today would not regulate the 

States. The proposed rule would 

primarily codify energy efficiency 

standards and test procedures already 

established in EPCA for commercial 

packaged boilers. We have determined 

that today's rule does not have a 

substantial direct effect on the States. on 

the relationship between the national 

government and the States. or on the 

distribution of power and 

responsibilities among the various 

levels of government. No further action 

is required by Executive Order 13132. 

E. Review Under Executive Order 12630, 

"Governmental Actions and 

Interference With Constitutionally 

Protected Property Rights' 

We have determined under Executive 

Order 12630, "Governmental Actions 

and Interference with Constitutionally 

Protected Property Rights," 52 FR 8859 

(March 18. 1988). that this proposed 

rule would not result in any takings 

which might require compensation 

under the Fifth Amendment to the 

United States Constitution. 

F. Review Under the Paperwork 

Reduction Act 

Today's proposed rule will primarily 

codify energy efficiency standards and 

test procedures already established in 

EPCA for commercial packaged boilers 

and will not require any additional 

reports or record-keeping. Accordingly, 

this action was not subject to review 

under the Paperwork Reduction Act. 

G. Review Under Executive Order 

12988, "Civil Justice Reform" 

With respect to the review of existing 

regulations and the promulgation of 

new regulations. Section 3(a) of 

Executive Order 12988. "Civil Justice 

Reform." 61 FR 4729 (February 7. 1996). 

imposes on executive agencies the 

general duty to adhere to the following 

requirements: (1) Eliminate drafting 

errors and ambiguity; (2) write 

regulations to minimize litigation; and 

(3) provide a clear legal standard for 

affected conduct rather than a general 

standard and promote Simplification 

and burden reduction. With regard to 

the review required by Section 3(a). 

Section 3(b) of the Executive Order 

specifically requires that Executive 

agencies make every reasonable effort to 

ensure that the regulation: (1) Clearly 

specifies the preemptive effect, if any; 

(2) clearly specifies any effect on 

existing Federal law or regulation; (3) 

provide a clear legal standard for 

affected conduct while promoting 

simplification and burden reduction; (4) 

specifies the retroactive effect. if any; (5) 

adequately defines key terms; and (6) 

addresses other important issues 

affecting clarity and general 

draftsmanship under any guidelines 

issued by the Attorney General. Section 

3 (c) of the Executive Order requires 

agencies to review regulations in light of 

applicable standards Section 3(a) and 

Section 3(b) to determine whether they 

are met or it is unreasonable to meet one 

or more of them. 

We reviewed today's proposed rule 

under the standards of Section 3 of the 

Executive Order and determined that, to 

the extent permitted by law. it meets the 

requirements of those standards. 

H. Review Under Section 32 of the 

Federal Energy Administration Act of 

1974 

Under section 301 of the Department 

of Energy Organization Act (Pub. L. 95-

91). the Department of Energy must 

comply with section 32 of the Federal 

Energy Administration Act of 1974, as 

amended by the Federal Energy 

Administration Authorization Act of 

1977.15 U.S.C. 788. Section 32 provides 

in essence that. where a proposed rule 

contains or involves use of commercial 

standards, the notice of proposed 

rulemaking must inform the public of 

the use and background of such 

standards. 

The rule proposed in this notice 

incorporates certain commercial 

standards which EPCA requires to be 

used. These include testing standards 

referenced by ASHRAE Standard 90.1-

1989 for the measurement of steady 

state combustion efficiency of 

commercial packaged boilers. Because 

we have very limited discretion to 

depart from the standards referenced in 

ASHRAE/IES 90.1, Section 32 of the 

FEAA does not apply to them. 

The only standard incorporated in 

this proposed rule that is not referenced 

by ASHRAE Standard 90.1-1989 is 

ASHRAE Standard 103-1993, " Method 

of Testing for Annual Fuel Utilization 

Efficiency of Residential Centra 1 

Furnaces and Boilers." We propose to 

adopt this standard to obtain a suitable 

optional test procedure for condensing 

boilers, which are not covered by the 

test procedures in ASHRAE Standard 

90.1-1989. We have evaluated this 

standard and are unable to conclude 

whether it fully complies with the 

requirements of section 32(b) of the 

Federal Energy Administration Act. i.e .. 

that it was developed in a manner that 

fully provides for public participation. 

comment and review. 

As required by section 32(c) of the 

Federal Energy Administration Act, we 

will consult with the Attorney General 

and the Chairman of the Federal Trade 

Commission concerning the impact of 

this standard on competition. prior to 

prescribing a final rule. 

I. Review Under Unfunded Mandates 

Reform Act of 1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 

("Unfunded Mandates Act") requires 

that we prepare a budgetary impact 

statement before promulgating a rule 

that includes a Federal mandate that 

may result in expenditure by state, 

local. and tribal governments, in the 
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Federal Register I Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules 48849 

aggregate, or by the private sector, of 

$100 million or more in anyone year. 

The budgetary impact statement must 

include: (i) Identification of the Federal 

law under which the rule is 

promulgated; (ii) a qualitative and 

quantitative assessment of anticipated 

costs and benefits of the Federal 

mandate and an analysis of the extent to 

which such costs to state, local. and 

tribal governments may be paid with 

Federal financial assistance; (iii) if 

feasible. estimates of the future 

compliance costs and of any 

disproportionate budgetary effects the 

mandate has on particular regions. 

communities, non-Federal units of 

government. or sectors of the economy; 

(iv) iffeasible. estimates of the effect on the national economy; and (v) a 

description of the Department's prior 

consultation with elected 

representatives of state. local. and tribal 

governments and a summary and 

evaluation of the comments and 

concerns presented. 

We have determined that the action 

proposed today does not include a 

Federal mandate that may result in 

estimated costs of $100 million or more 

to state. local or to tribal governments in 

the aggregate or to the private sector. 

Therefore. the requirements of Sections 

203 and 204 of the Unfunded Mandates 

Act do not apply to this action. 

,. 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 

published rulemaking documents in 

plain language. The Memorandum 

includes general guidance on what 

constitutes "plain language." Plain 

language requirements will vary from 

one document to another, depending on 

the intended audience, but all plain 

language documents should be logically 

organized and clearly written. 

We have tried to make this proposed 

rule easy to understand. We ar.e also 

requesting suggestions on how to 

improve its readability further. 

K. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act. 1999 (Pub. L. No. 105-277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any 

proposed rule or policy that may affect 

family well-being. Today's proposal 

would not have any impact on the 

autonomy or the integrity of the family 

as an institution. Accordingly. DOE has 

concluded that it is not necessary to 

prepare a Family Policymaking 

Assessment. 

IV. Public Comment 

A. Written Comment Procedures 

We invite interested persons to 

participate in the proposed rulemaking 

by submitting data. comments. or 

information with respect to the issues 

set forth in today's proposed rule to Ms. 

Brenda Edwards-Jones. at the address 

indicated at the beginning of the notice. 

We will consider all submittals received 

by the date specified at the beginning of 

this notice in developing the final rule. 

According to 10 CFR 1004.11. any 

person SUbmitting information which he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit one complete copy of the 

document and ten (10) copies. if 

possible. from which the information 

believed to be confidential has been 

deleted. The Department of Energy will 

make its own determination with regard 

to the confidential status of the 

information and treat it according to its 

determination. 

Factors of interest to us when 

evaluating requests to treat as 

confidential information that has been 

submitted include: 

(1) A description of the items; 

(2) An indication as to whether and 

why such items are customarily treated 

as confidential within the industry; 

(3) Whether the information is 

generally known by or available from 

other sources; 

(4) Whether the information has 

previously been made available to 

others without obligation concerning its 

confidentiality; 

(5) An explanation of the competitive 

injury to the submitting person which 

would result from public disclosure; 

(6) An indication as to when such 

information might lose its confidential 

character due to the passage of time; and 

(7) Why disclosure of the information 

would be contrary to the public interest. 

B. Public Workshop 

1. Procedures for Submitting Requests 

To Speak 

You will find the time and place of 

the public workshop listed at the 

beginning of this notice of proposed 

rulemaking. We invite any person who 

has an interest in today's notice of 

proposed rulemaking. or who is a 

representative of a group or class of 

persons that has an interest in these 

proposed rules. to make a request for an 

opportunity to make an oral 

presentation. If you would like to attend 

the public workshop. please notify Ms. 

Brenda Edwards-Jones at (202) 586-

2945. You may hand deliver requests to 

speak to the address indicated at the 

beginning of this notice between the 

hours of 8 a.m. and 4 p.m .• Monday 

through Friday. except Federal holidays. 

or send them by mail. 

The person making the request should 

state why he or she. either individually 

or as a representative of a group or class 

of persons. is an appropriate 

spokesperson. briefly describe the 

nature of the interest in the rulemaking. 

and provide a telephone number for 

contact. We request each person 

selected to be heard to submit an 

advance copy of his or her statement at 

least two weeks prior to the date of this 

workshop as indicated at the beginning 

of this notice. We. at our discretion. may 

permit any person wishing to speak who 

cannot meet this requirement to 

participate if that person has made 

alternative arrangements with the Office 

of Building Research and Standards in 

advance. The letter making a request to 

give an oral presentation must ask for 

such alternative arrangements. 

2. Conduct of Workshop 

The Department will designate a 

Department official to preside at the 

workshop and we may also use a 

professional facilitator to facilitate 

discussion. The workshop will not be a 

judicial or evidentiary-type hearing. but 

the Department will conduct it in 

accordance with 5 U.S.C. 553 and 

Section 336 of the Act and a court 

reporter will be present to record the 

transcript of the workshop. We reserve 

the right to schedule the presentations 

by workshop participants. and to 

establish the procedures governing the 

conduct of the workshop. 

The Department will permit each 

participant to make a prepared general 

statement. limited to five (5) minutes. 

prior to the discussion of specific topics. 

The general statement should not 

address these specific topics. but may 

cover any other issues pertinent to this 

rulemaking. The Department will permit 

other participants to briefly comment on 

any general statements. We will divide 

the remainder of the hearing into 

segments. with each segment consisting 

of one or more of the following specific 

topics covered by this notice: 

Packaged Boiler Definition and Scope of 

Coverage 

• Method of Shipment and Assembly. 

• Boiler Application. 

• Boiler Capacity. 

• Boiler Operation. 
EE-RM-TP-99-470 COMMENT 01C

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

Test Procedures and Energy Efficiency 

Standards for Commercial Packaged 

Boilers 

• Test Procedure and Test Conditions 

for Low Pressure Boilers. 

• Test Procedure and Test Conditions 

for High Pressure Boilers. 

• Boilers Designed for Low Water 

Temperature Applications. 

• Condensing Boilers. 

• Modular Boilers and Multiple 

Boilers. 

. • Testing and Rating a Steam and Hot 

Water Boiler. 

• Other Test Standard Topics. 

The Department will introduce each 

topic with a brief summary of the 

relevant provisions of the proposed rule, 

and the significant issues involved. We 

will then permit participants in the 

hearing to make a prepared statement 

limited to five (5) minutes on that topic. 

At the end of all prepared statements on 

a topic. the Department will permit each 

participant to briefly clarify his or her 

statement and comment on statements 

made by others. Participants should be 

prepared to answer questions by us and 

by other participants concerning these 

issues. Our representatives may also ask 

questions of participants concerning 

other matters relevant to the hearing. 

The total cumulative amount of time 

allowed for each participant to make 

prepared statements must be 20 

minutes. 

The official conducting the hearing 

will accept additional comments or 

questions from those attending. as time 

permits. The presiding official will 

announce 8..'1y further procedural rules. 

or modification of the above procedures. 

needed for the proper conduct of the 

hearing. 

We will make the entire record of this 

rulemaking. including the transcript. 

available for inspection in the 

Department's Freedom of Information 

Reading Room. Any person may 

purchase a copy of the transcript from 

the transcribing reporter. 

C. Issues on Which Comments Are 

Requested 

We are interested in receiving 

comments and! or data concerning the 

feasibility. workability and 

appropriateness of the test procedures 

proposed in today's rulemaking. Also, 

we welcome discussion on 

improvements or alternatives to the 

proposed approaches. We also invite 

comments on how to make this 

proposed rule easier to understand. For 

example: 

• Are the requirements in the rule 

clearly stated? 

• Have we organized the material to 

suit your needs, or would a different 

organization be better? • Can we improve the rule's format? 

List of Subjects in 10 CFR Part 431 

Administrative practice and 

procedure, Energy conservation, 

Incorporation by reference. 

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

Dan W. Reicher, 

Assistant Secretary. Energy Efficiency and 

Renewable Energy. 

For the reasons set forth in the 

preamble. Title 10. Part 431 of the Code 

of Federal Regulations is proposed to be 

amended as set forth below: 

PART 431-ENERGY EFFICIENCY 

PROGRAM FOR CERTAIN 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

1. The authority citation for Part 431 

continues to read as follows: 

Authority: 42 U.S.C. 6311-6316. 

2. Subpart K is added to read as 

follows: 

Subpart K-Commercial Packaged Boilers. 

Sec. 

431.351 Purpose and scope. 

431.352 Definitions for commercial 

packaged boilers. 

Test Procedures 

431.361 Materials incorporated by 

reference. 

431.362 Uniform test method for the 

measurement of energy efficiency of 

commercial packaged boilers. 

Energy Conservation Standards 

431.371 Energy conservation standards and 

effective dates. 

Subpart K-Commercial Packaged 

Boilers 

§431.351 Purpose and scope. 

This subpart contains energy 

conservation requirements for certain 

commercial packaged boilers. pursuant 

to Part C of Title III of the Energy Policy 

and Conservation Act. as amended. 42 

U.S.C 6311-6316. 

§431.352 Definitions for commercial 

packaged boilers. 

For purposes of subparts I through P 

of this part. terms are defined as provided for elsewhere in this subpart. 

in section 340 of the Act. and as 

followsCombustion efficiency for a 

commercial packaged boiler means the 

efficiency descriptor for packaged 

boilers. determined using test 

procedures prescribed under § 431.362 

and equals to 100 percent minus percent 

flue loss. 

Commercial packaged boiler means a 

packaged boiler that is a commercial 

HV AC & WH product with a capacity of 

300,000 Btu per hour or more which. to 

any significant extent. is distributed in 

commerce. 

(1) For heating or space conditioning 

applications in buildings. or 

(2) For service water heating in 

buildings but does not meet the 

definition of "hot water supply boiler" 

in this part. 

Condensing boiler means a packaged 

hoiler which will condense part of the 

water vapor in the flue gases, and which 

includes a means of collecting and 

draining this condensate from its heat 

exchanger section. 

Flue condensate means liquid formed 

by the condensation of moisture in the 

flue gases. 

Packaged boiler means a boiler that is 

shipped complete with heating 

equipment. mechanical draft equipment 

and automatic controls; usually shipped 

in one or more sections. If the boiler is 

shipped in more than one section. the 

sections may be produced by more than one manufacturer. and may be 

originated or shipped at different times 

and from more than one location. 

Packaged high pressure steam and 

high temperature water boiler means a 

commercial packaged boiler which 

operates at a steam pressure higher than 

15 psig for a steam boiler. and at a water 

pressure above 160 psig or at a water 

temperature exceeding 250°F, or both. 

for a high temperature water boiler. 

Packaged low pressure steam and hot 

water boiler means a commercial 

packaged boiler which operates at or below a steam pressure of 15 psig for a 

steam boiler. and at or below 160 psig 

pressure and 250°F temperature for a hot water boiler. 

Test Procedures 

§431.361 Materials Incorporated by 

reference. 

(a) The Department incorporates by 

reference the following test procedures 

which are not otherwise set forth in this 

part 431. The Director of the Federal 

Register has approved the material 

listed in paragraph (b) of this section for 

incorporation by reference in 

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

CFR part 51. Any subsequent 

amendment to this material by the 

standard-setting organization will not 

affect the DOE test procedures unless 

and until DOE amends its test 

procedures. The Department 

incorporates the material as it exists on the date of the approval and a notice of 

any change in the material will be 

published in the Federal Register. 
EE-RM-TP-99-470 COMMENT 01C

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

(b) List of test procedures 

incorporated by reference. (1) The 

Hydronics Institute (HI) Standard 

"Testing and Rating Standard for 

Heating Boilers", 6th Edition, 1989 

("1989 HI Standard"). 

(2) The American Society of 

Mechanical Engineers Power Test Codes 

for Steam Generating Units, ASME PTC 

4.1-1964. Reafflrmed 1991 (Including 

1968 and 1969 Addenda) ("ASME PTC 

4.1"). 

(3) American Society of Heating, 

Refrigerating and Air-Conditioning 

Engineers, Inc. (ASHRAE) Standard 

103-1993, "Method of Testing for 

Annual Fuel Utilization Efficiency of 

Residential Central Furnaces and 

Boilers". Sections 7 .2.2.4. 7.8, 9.2. 

11.2.7.1 and 11.3.7.2. 

(4) American National Standards 

Institute (ANSI) Standard Z21.13-1993, 

"Gas-Fired Low Pressure Steam and Hot 

Water Boilers", Exhibit D. 

(c) Availability of references. 

(1) Inspection of test procedures. The 

test procedures incorporated by 

reference are available for inspection at: 

(i) Office of the Federal Register, 800 

North Capitol Street, NW. Suite 700, 

Washington, DC. 

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

of Energy Efficiency and Renewable 

Energy, Hearings and Dockets, "Test 

Procedures and Efficiency Standards for 

Commercial Packaged Boilers," Docket 

No.EE-RM/TP-99-470,1000 

Independence Avenue, SW, 

Washington, DC 20585. 

(2) Obtaining copies of Standards. 

Anyone can obtain a copy of standards 

incorporated by reference from the 

following sources: 

(i) Request copies of the ASHRAE 

Standards from the American Society of 

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

Tullie Circle, NE, Atlanta. GA 30329. or 

http://www.ashrae.orglbookl 

bookshop.htm. 

(ii) Request copies of the ANSI 

Standard from Global Engineering 

Documents. 15 Inverness Way West, 

Englewood, CO 80112, or http:// 

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

webstore.ansLorgl ansidocstore/. 

(iii) Request copies of the HI Standard 

from the Hydronics Institute Inc., 35 

Russo Place. Berkeley Heights, NJ 

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

publistlhydroordr.htm. 

(iv) Request copies of the ASME 

Standard from the American Society of 

Mechanical Engineers, 345 East 47th 

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

www.asmeny.org/catalog. 

§431.362 Unifonn test method for the 

measurement of energy efficiency of 

commercial packaged boilers. 

(a) Scope. This section covers the test 

procedures you must follow if, pursuant 

to EPCA. you are measuring the steady 

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

boiler having a rated capacity of 300,000 

Btu fer hour or more. (b Definitions. For purposes of this 

section. the Department incorporates by 

reference the deflnitions specified in 

section 3.0 of the Hydronics Institute 

Testing and Rating Standard for Heating 

Boilers, sixth edition, June 1989. with 

the exception of the definition for the 

terms packaged boiler, condensing 

boilers, packaged low pressure steam 

and hot water boiler. and packaged high 

pressure steam and high temperature 

water boiler. 

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

Packaged Low Pressure Steam and Hot 

Water Boilers. (i) Classifications: If you 

employ boiler classification. you must 

classify boilers as given in section 4.0 of 

the 1989 Hydronics Institute Testing 

and Rating Standard for Heating Boilers. 

(H) Requirements: You must conduct 

the combustion efficiency test as given 

in sections 5.1.2. (Combustion 

Efficiency Test), 5.4 (Basis of Ratings, 

sec. 5.4.1.5.4.4,5.4.5. and 5.4.6) of the 

1989 Hydronics Institute Testing and 

Rating Standard for Heating Boilers. 

(Hi) Instruments and Apparatus: You 

must follow the requirements for 

instruments and apparatus in sections 6 

(Instruments) and 7 (Apparatus, with 

the exception of sec. 7.2.3 which is for 

boilers of less than 300,000 Btu per hour 

capacity) of the 1989 Hydronics 

Institute Testing and Rating Standard 

for Heating Boilers. 

(iv) Test Conditions: Use test 

conditions from section 8.0 of the 1989 

Hydronics Institute Testing and Rating 

Standard for Heating Boilers. with the 

exception of subsection 8.5.1. in place 

of which you must use the following 

paragraphs: 

(AJ Water Temperatures-For the 

water test. use a boiler inlet temperature 

of 35°F to 80°F and a boiler outlet 

temperature of 180°F±2°F. 

(B) Inlet Water Temperature for 

Condensing Boilers-To test the boiler 

as a condensing boiler (see paragraph 

(d)(l)(ii) of this section for condenSing 

boilers), set the inlet water temperature 

to 80°F±5°F. 

(v) Alternative Test Procedure for 

Testing Low Pressure Steam and Hot 

Water Boilers. Instead of the 1989 

Hydronics Institute Testing and Rating 

Standard for Heating Boilers as specified in paragraphs (c)(l)(ii) and 

(c)(l)(iii) of this section. you may 

conduct the combustion efficiency test 

for low pressure steam and hot water 

boilers using the Abbreviated Efficiency 

Test (Simplified Efficiency Test) as 

specified in ASME PTC 4.1 (see 

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

this section). If you select the ASME 

PTC 4.1 procedure for conducting the 

required combustion efficiency test for 

low pressure steam and hot water 

boilers, you must use the test conditions 

specified in paragraphs (c)(l)(iv). 

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

section. 

(2) Test Setup for Packaged High 

Pressure Steam and High Temperature 

Water Boilers, and Optional Test 

Procedure for Packaged Low Pressure 

Steam and Hot Water Boilers. (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 of ASME PTC 

4.1. 

(ii) Test Conditions for the 

Combustion Efficiency. 

(A) Low Pressure Steam and Hot 

Water Boilers-If you select ASME PTC 

4.1 for the efficiency test of low pressure 

steam and hot water boilers, use test 

conditions specified in paragraph 

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

(B) High Pressure Steam and High 

Temperature Water Boilers-For the 

efficiency test. use a test steam pressure 

for high pressure steam boilers. and a 

test water pressure and water 

temperature for high temperature water 

boilers. consistent with the normal 

design point operating conditions for 

which the manufacturer designed the 

boiler. The boiler must be tested at the 

manufacturer's rated maximum input. 

(d) Test Measurements. (1) Test 

measurements for Packaged Low 

Pressure Steam and Hot Water Boilers. 

(i) Test for combustion efficiency 

according to sections 9.1 (excluding sec. 

9.1.1.2.3 and 9.1.2.2.3). 9.2 and 10.2 of 

the 1989 Hydronics Institute Testing 

and Rating Standard for Heating Boilers. 

except that you must replace the boiler 

water inlet temperature. boiler water 

outlet temperature. and boiler water 

temperature rise (outlet minus inlet) in 

sections 9.1.2.1.1 and 9.1.2.1.3 of the HI 

test standard with the inlet and outlet 

temperatures specified in paragraphs 

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

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

of this section. 

(ii) Procedure for the Measurement of 

Condensate for a Condensing Boiler. 

With the inlet water temperature as specified in paragraph (c)(l)(iv)(B) of 

this section, measure the condensate 

from the flue gas under steady state 
EE-RM-TP-99-470 COMMENT 01C

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 of ASHRAE Standard 103-

1993 under the rated input conditions. 

Conduct the measurement during an 

additional 30 minutes of steady state 

operation after completing the steady 

state combustion efficiency test in 

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

(iii) Steam and Hot Water Boilers. 

Test a steam and hot water boiler as a 

steam boiler for its combustion 

efficiency. Optionally, you may also test 

this boiler as a hot water boiler to obtain a combustion efficiency rating when the 

boiler is operated as a hot water boiler. 

(2) Test measurements for Packaged 

High Pressure Steam and High 

Temperature Water Boilers, and 

Optional Test Procedure for Packaged 

Low Pressure Boilers. Use the test 

procedure from Section 5. Efficiency by 

Heat Loss Method. of ASME PTC 4.1. 

(e) Calculations. (1) Calculations for 

Packaged Low Pressure Steam and Hot 

Water Boilers. (iJ Combustion 

Efficiency. Use the calculation 

procedure for combustion efficiency test 

specified in section 11.2 of the 1989 

Hydronics Institute Testing and Rating 

Standard for Heating Boilers (except 

that for gas fuel. do not calculate Item 

9 of sec. 11.2.1 which is for oil fuel 

only). For gas-fired boilers. instead of 

using section 11.2 of the 1989 HI 

Standard to calculate the flue loss, you 

may calculate the flue loss by the 

procedure specified in Exhibit D of the 

ANSI Standard Z21.13a-1993. 

(ii) Procedure for the Calculation of 

the Additional Heat Gain and Heat loss, 

and Adjustment to the Combustion 

Efficiency. for a Condensing Boiler. 

(A) Procec.ure for the Calculation of 

the Additional Heat Gain and Heat loss. 

After following the procedure for the 

measurement of flue condensate of 

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

calculate the latent heat gain from the 

condensation of the water vapor in the 

flue gas and heat loss due to the flue 

condensate down the drain according to 

section 11.3.7.1 and 11.3.7.2 of 

ASHRAE Standard 103-1993, with the 

exception that in the equation for the 

heat loss due to hot flue condensate 

flowing down the drain in section 

11.3.7.2, replace the indoor temperature 

of 70°F and the temperature term TOA 

by the mearured room ambient 

temperature as determined in section 

8.4.3 of the 1989 Hydronics Institute 

Testing and Rating Standard for Heating 

Boilers. 

(B) Adjustment to the Combustion 

Efficiency for a Condensing Boiler. 

Adjust the combustion efficiency 

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

section by adding the latent heat gain 

from the condensation of the water 

vapor in the flue gas, and by subtracting 

the heat loss (due to the flue condensate 

down the drain) as calculated in 

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

combustion efficiency of a condensing 

boiler. 

(2) Calculations for Packaged High 

Pressure Steam and High Temperature 

Water Boilers, and for the Alternative 

Test Procedure (paragraph (C)(l)(v) of 

this section) for Packaged Low Pressure 

Boilers. Use the Abbreviated Efficiency 

Test by the heat loss method for gas or 

oil fuel as specified in section 7.3 and 

the Test Forms for the Abbreviated 

Efficiency Test, PTC 4.1-8 (Summary 

Sheet) and PTC 4.1-h (Calculation 

Sheet), of ASME PTC 4.1 to determine 

the combustion efficiency, except that 

you must set the following specific heat 

loss terms (as listed in section 7.3 of 

ASME PTC 4.1) to 0: sections 7.3.2.03 

(moisture in fuel), 7.3.2.01 (combustible 

in dry refusel. 7.3.2.10 (radiation to 

surroundings). 7.3.2.05 through 7.3.2.09 

and 7.3.2.11 through 7.3.2.14 

(unmeasured losses). 

Energy Efficiency Standards 

§431.371 Energy conservation standards 

and effective dates. 

Each commercial packaged boiler 

manufactured on or after January 1. 

1994 must meet the following energy 

efficiency standard levels: 

(a) For a gas-fired packaged boiler 

with a capacity of 300.000 Btu per hour or more, the combustion efficiency at 

the maximum rated capacity must be 

not less than 80 percent. 

(b) For an oil-fired packaged boiler 

with a capacity of 300,000 Btu per hour or more, the combustion efficiency at 

the maximum rated capacity must be 

not less than 83 percent. 

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

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 Hot Water Storage Tanks 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Proposed rule and public 

hearing. 

SUMMARY: The Energy Policy and 

Conservation Act, as amended (EPCA). 

establishes energy efficiency standards 

and test procedures for certain 

commercial products, including 

commercial water heaters, hot water 

supply boilers and unfired hot water 

storage tanks. The Department of Energy 

(we. DOE. or the Department) proposes 

regulations to implement the standards 

and test procedures for these 

commercial water heaters. hot water 

supply boilers and unfired hot water 

storage tanks. 

DATES: The Department will accept 

comments, data. and information 

regarding the proposed rule until 

October 23.2000. Please submit a signed original and ten (10) copies. In 

addition, we request that you provide an 

electronic copy (3'

12" diskette) of the 

comments in WordPerfectTM 8. 

We will hold a public hearing 

(workshop) on September 20,2000, in 

Washington. DC. Please send reyuests to 

speak at the workshop so that \\'p 

receive them by 4:00 p.m .• on 

September 6. 2000. Send ten Jpies 

of your statements for the put 

workshop so that we receive tl,ull by 

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

also request a computer diskette 

(WordPerfectTM 8) of each statr'ment. 

ADDRESSES: Please submit " ~n 

comments, oral statemenc· ~quests 

to speak at the workshop t, 1a 

EdwardS-Jones, U.S. Depa' 

Energy. Office of Energy 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 of EJ \' 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," of this notice. 

You can read the transcript of the 

public workshop and public comments 

received in the Freedom of Information 

Reading Room (Room No. 1E-190) at the 

U.S. Department of Energy. Forrestal 

Building, 1000 Independence Avenue, 

SW .• Washington, DC 20585, between 

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

Monday through Friday. except Federal 

holidays. 

You can obtain the latest information 

regarding the public workshop from the 

Office of Building Research and 

Standards world wide web site at the