[Federal Register Volume 79, Number 203 (Tuesday, October 21, 2014)]
[Proposed Rules]
[Pages 62891-62894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24978]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / 
Proposed Rules

[[Page 62891]]



DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket Number EERE-2014-BT-STD-0045]


Energy Conservation Program for Consumer Products: Test 
Procedures and Energy Conservation Standards for Residential Water 
Heaters

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Request for information (RFI).

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SUMMARY: The U.S. Department of Energy (DOE) is requesting comments, 
data, and information related to solar-thermal water heating systems 
where solar components are paired with electric and/or fossil fuel-
fired water heaters, which are utilized as secondary heat sources. 
Although this document contains several specific topics on which DOE is 
particularly interested in receiving written comment, DOE welcomes 
suggestions and information from the public on any subject related to 
solar water heaters.

DATES: Written comments and information are requested on or before 
November 20, 2014.

ADDRESSES: Interested parties are encouraged to submit comments 
electronically. However, interested persons may submit comments, 
identified by docket number EERE-2014-BT-STD-0045 by any of the 
following methods:
    <bullet> Federal eRulemaking Portal: www.regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#9ac8ffe9cdfbeeffe8d2fffbeeffe8a8aaabaec9cedeaaaaaeafdaffffb4fef5ffb4fdf5ec"><span class="__cf_email__" data-cfemail="7b291e082c1a0f1e09331e1a0f1e09494b4a4f282f3f4b4b4f4e3b1e1e551f141e551c140d">[email protected]</span></a>. Include 
docket number EERE-2014-BT-STD-0045 in the subject line of the message. 
Submit electronic comments in WordPerfect, Microsoft Word, PDF, or 
ASCII file format, and avoid the use of special characters or any form 
of encryption.
    <bullet> Postal Mail: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, Mailstop EE-5B, 1000 
Independence Avenue SW., Washington, DC 20585-0121. If possible, please 
submit all items on a compact disc (CD), in which case it is not 
necessary to include printed copies.
    <bullet> Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, 6th Floor, 950 L'Enfant Plaza 
SW., Washington, DC 20024. Telephone: (202) 586-2945. If possible, 
please submit all items on a CD, in which case it is not necessary to 
include printed copies.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section III. of this 
document (Public Participation).

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
may be sent to Ms. Ashley Armstrong, U.S. Department of Energy, Office 
of Energy Efficiency and Renewable Energy, Building Technologies 
Program, EE-5B, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-6590. Email: <a href="/cdn-cgi/l/email-protection#b3f2c0dbdfd6ca9df2c1dec0c7c1dcddd4f3d6d69dd7dcd69dd4dcc5"><span class="__cf_email__" data-cfemail="98d9ebf0f4fde1b6d9eaf5ebeceaf7f6ffd8fdfdb6fcf7fdb6fff7ee">[email protected]</span></a>.
    For information on how to submit or review public comments, contact 
Ms. Brenda Edwards, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Program, 
Mailstop EE-5B, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-2945. Email: <a href="/cdn-cgi/l/email-protection#c684b4a3a8a2a7e883a2b1a7b4a2b586a3a3e8a2a9a3e8a1a9b0"><span class="__cf_email__" data-cfemail="a1e3d3c4cfc5c08fe4c5d6c0d3c5d2e1c4c48fc5cec48fc6ced7">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority and Background
II. Discussion
    A. Solar Water Heating Technology
    B. Solar Water Heating Market
III. Public Participation

I. Authority and Background

    Title III, Part B \1\ of the Energy Policy and Conservation Act of 
1975 (``EPCA'' or ``the Act''), Public Law 94-163 (42 U.S.C. 6291-6309, 
as codified) sets forth a variety of provisions designed to improve 
energy efficiency and established the Energy Conservation Program for 
Consumer Products Other Than Automobiles.\2\ These include residential 
water heaters, the subject of this notice. (42 U.S.C. 6292(a)(4))
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
    \2\ All references to EPCA in this document refer to the statute 
as amended through the American Energy Manufacturing Technical 
Corrections Act (AEMTCA), Public Law 112-210 (Dec. 18, 2012).
---------------------------------------------------------------------------

    Under EPCA, energy conservation programs generally consist of four 
parts: (1) Testing; (2) labeling; (3) establishing Federal energy 
conservation standards; and (4) certification and enforcement 
procedures. The testing requirements consist of test procedures that 
manufacturers of covered products and equipment must use as both the 
basis for certifying to DOE that their products and equipment comply 
with the applicable energy conservation standards adopted pursuant to 
EPCA, and for making other representations about the efficiency of 
those products. (42 U.S.C. 6293(c); 42 U.S.C. 6295(s)) Similarly, DOE 
must use these test requirements to determine whether the products 
comply with any relevant standards promulgated under EPCA. (42 U.S.C. 
6295(s))

    A residential ``water heater'' is defined by EPCA as a product 
which utilizes oil, gas, or electricity to heat potable water for 
use outside the heater upon demand, including--
    (A) storage type units which heat and store water at a 
thermostatically controlled temperature, including gas storage water 
heaters with an input of 75,000 Btu per hour or less, oil storage 
water heaters with an input of 105,000 Btu per hour or less, and 
electric storage water heaters with an input of 12 kilowatts or 
less;
    (B) instantaneous type units which heat water but contain no 
more than one gallon of water per 4,000 Btu per hour of input, 
including gas instantaneous water heaters with an input of 200,000 
Btu per hour or less, oil instantaneous water heaters with an input 
of 210,000 Btu per hour or less, and electric instantaneous water 
heaters with an input of 12 kilowatts or less; and
    (C) heat pump type units, with a maximum current rating of 24 
amperes at a voltage no greater than 250 volts, which are products 
designed to transfer thermal energy from one temperature level to a 
higher temperature level for the purpose of heating water, including 
all ancillary equipment such as fans, storage tanks, pumps, or 
controls necessary for the device to perform its function. (42 
U.S.C. 6291(27))

    Water heaters are included in EPCA as covered products. The 
amendments to EPCA effected by the National Appliance Energy 
Conservation Act of 1987 (NAECA; Pub. L. 100-12)

[[Page 62892]]

established standards for the residential water heaters and directed 
that DOE determine whether these standards should be amended. (42 
U.S.C. 6295(e)(1); 42 U.S.C. 6295(e)(4))
    On January 17, 2001, DOE published a final rule prescribing the 
current Federal energy conservation standards for residential water 
heaters manufactured on or after January 20, 2004, which set minimum 
energy factors (EFs) that vary based on the storage volume of the water 
heater, the type of energy it uses (i.e., gas, oil, or electricity), 
and whether it is a storage, instantaneous, or tabletop model. 66 FR 
4474; 10 CFR 430.32(d).
    Table I.1 presents the current Federal energy conservation 
standards for residential water heaters. The water heater standards, 
set forth in 10 CFR 430.32(d), consist of minimum EF that vary based on 
the rated storage volume of the water heater, the type of energy it 
uses (i.e., gas, oil, or electricity), and whether it is a storage, 
instantaneous, or tabletop model.

Table I.1--Current Federal Energy Conservation Standards for Residential
                              Water Heaters
------------------------------------------------------------------------
                                         Energy factor as of January 20,
             Product class                             2004
------------------------------------------------------------------------
Gas-Fired Storage Water Heater.........  EF = 0.67 - (0.0019 x Rated
                                          Storage Volume in gallons).
Oil-Fired Storage Water Heater.........  EF = 0.59 - (0.0019 x Rated
                                          Storage Volume in gallons).
Electric Storage Water Heater..........  EF = 0.97 - (0.00132 x Rated
                                          Storage Volume in gallons).
Tabletop Water Heater..................  EF = 0.93 - (0.00132 x Rated
                                          Storage Volume in gallons).
Gas-Fired Instantaneous Water Heater...  EF = 0.62 - (0.0019 x Rated
                                          Storage Volume in gallons).
Instantaneous Electric Water Heater....  EF = 0.93 - (0.00132 x Rated
                                          Storage Volume in gallons).
------------------------------------------------------------------------

    On April 16, 2010, DOE published a final rule in the Federal 
Register amending the energy conservation standards for residential 
water heaters for a second time. 75 FR 20111. The updated standards 
maintained the existing product class structure, dividing water heaters 
based on the type of energy used (i.e., gas, oil, or electricity) and 
whether it is a storage, instantaneous, or tabletop model, but also 
differentiated standard levels for electric and gas-fired storage water 
heaters based on whether the rated storage volume is greater than 55 
gallons, or less than or equal to 55 gallons. Compliance with the 
energy conservation standards contained in the April 2010 final rule 
will be required starting on April 16, 2015.
    Table I.2 presents the amended Federal energy conservation 
standards for residential water heaters, which are also set forth in 10 
CFR 430.32(d).

Table I.2--Amended Federal Energy Conservation Standards for Residential
           Water Heaters Established by April 2010 Final Rule
------------------------------------------------------------------------
           Product class             Energy factor as of April 16, 2015
------------------------------------------------------------------------
Gas-Fired Storage Water Heater....  For tanks with a Rated Storage
                                     Volume at or below 55 gallons: EF =
                                     0.675 - (0.0015 x Rated Storage
                                     Volume in gallons).
                                    For tanks with a Rated Storage
                                     Volume above 55 gallons: EF =
                                     0.8012 - (0.00078 x Rated Storage
                                     Volume in gallons).
Oil-Fired Storage Water Heater....  EF = 0.68 - (0.0019 x Rated Storage
                                     Volume in gallons).
Electric Storage Water Heater.....  For tanks with a Rated Storage
                                     Volume at or below 55 gallons: EF =
                                     0.960 - (0.0003 x Rated Storage
                                     Volume in gallons).
                                    For tanks with a Rated Storage
                                     Volume above 55 gallons: EF = 2.057
                                     - (0.00113 x Rated Storage Volume
                                     in gallons).
Tabletop Water Heater.............  EF = 0.93 - (0.00132 x Rated Storage
                                     Volume in gallons).
Gas-Fired Instantaneous Water       EF = 0.82 - (0.0019 x Rated Storage
 Heater.                             Volume in gallons).
Instantaneous Electric Water        EF = 0.93 - (0.00132 x Rated Storage
 Heater.                             Volume in gallons).
------------------------------------------------------------------------

II. Discussion

    This section briefly discusses the solar water heating systems that 
are the subject of this RFI and raises the key issues on which DOE 
seeks comment. As noted in section I, a residential ``water heater'' 
means ``a product which utilizes oil, gas, or electricity to heat 
potable water.'' DOE has previously determined that water heaters that 
use solar energy as the sole energy source (e.g., solar thermal 
collectors without the use of a secondary heat source) are not covered 
as residential water heaters. 75 FR 20111, 20126. However, many solar 
water heating systems utilize electricity or gas as a secondary heat 
source, and these types of solar water heating systems (with a 
secondary electric or fossil fuel heat source) are the subject of this 
notice.

A. Solar Water Heating Technology

    Solar water heating systems consist of a solar collector to capture 
heat from the sun and storage tanks that maintain the potable water 
that has been heated by the solar collector. These systems typically 
require some type of secondary heat source when the sun is not 
available to provide adequate hot water for the residence. That heat 
source could be provided within the storage tank, in a second tank that 
is plumbed downstream of the solar storage tank, or by means of an 
instantaneous water heater installed downstream of the solar storage 
tank.
    Systems can be characterized as being either ``active'' or 
``passive.'' \3\ Active systems rely on pumps to circulate fluid from 
the solar collectors to the storage tank. These types of systems can 
pump potable water directly through the solar collector and into the 
storage tank in climates where it rarely freezes (``direct circulation 
systems'') or can circulate a non-freezing, heat-transfer fluid through 
the collectors and a heat exchanger to transfer the heat from the 
collector into the potable water (``indirect circulation systems''). 
Passive solar water heating systems require no pumps, instead relying 
on pressure from the water main

[[Page 62893]]

to move water through the system or on natural convection to transfer 
heat to the potable water. An integral collector storage system is a 
passive system in which the storage tank also serves as the collector, 
with the entire storage and collection system being located outdoors in 
a location where it captures sunlight. Thermosyphon systems are types 
of passive solar water heating systems that rely on the fact that 
heated water rises to transfer heated water from a collector to a 
storage tank that is located above the collector.
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    \3\ U.S. Department of Energy, ``Solar Water Heaters,'' http://energy.gov/energysaver/articles/solar-water-heaters, last accessed 
October 2, 2014.
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    As noted, a secondary heating method is required for times when the 
sun does not provide sufficient heat to raise the water to a 
temperature required by the end user. DOE is aware of storage tanks 
that utilize electric resistance elements or gas burners to provide 
that secondary heat. Those tanks could be part of a single tank system, 
in which the heat from the solar collectors and the secondary source is 
applied to the same tank of water, or a dual-tank system, in which one 
tank stores water heated by the solar collectors and serves as the 
supply to a second tank downstream that supplies any necessary 
additional heat. Additionally, DOE is aware that instantaneous water 
heaters utilizing gas or electricity can also be used to raise the 
water temperature from that which is stored in the storage tank to the 
end use temperature. The components that provide supplemental heat are 
the primary topic on which DOE seeks information in this RFI.
    DOE requests comment on design differences between storage and 
instantaneous water heaters used in solar systems and those that are 
used in non-solar applications in typical residences, particularly as 
they are supplied by the manufacturer as opposed to modified in the 
field. These water heaters could include storage tanks with heating 
capability based on any fuel source, instantaneous water heaters 
designed specifically for solar water heating systems, or other 
technologies that may not be known to the Department.
    DOE also requests comments on the heating capacity of water heaters 
meant for solar water heating systems compared to those meant for non-
solar applications. Related to this question, DOE seeks comments on the 
amount of hot water that the secondary heat source of a solar water 
heating system can provide without a solar collector compared with 
water heaters that are designed for non-solar applications.
    Finally, DOE requests information on whether water heaters designed 
to be a component in a solar water heating system are a direct 
substitute for traditional water heating technology and whether 
conventional water heaters can be directly used as a component in a 
solar water heating system. Considering that some storage tanks 
designed for solar water heating systems may contain built-in heat 
exchangers and multiple inlet and outlet ports to accommodate both 
potable water and the heat transfer fluid carrying heat from the solar 
collectors, DOE also seeks comment on whether solar thermal storage 
tanks can be easily modified in the field to convert them for use in a 
residence without solar collectors. Likewise, DOE seeks information on 
whether conventional water heaters can be easily modified for use in 
solar installations. In summary, DOE seeks comment on the following 
issues related to solar water heating technologies:
    Issue 1. Solar water heating technologies that utilize a secondary 
heating source that are currently available to the consumer.
    Issue 2. Design differences between water heaters that are designed 
to be part of a solar water heating system compared to those meant for 
typical residences without a solar water heating system.
    Issue 3. Heating rates and the amount of hot water that can be 
supplied by water heaters meant to serve as a secondary heat source for 
a solar collector compared to the heating rates and hot water supply 
capacity water heaters.

B. Solar Water Heating Market

    DOE has conducted preliminary research to investigate the solar 
water heating equipment market. Based on a report by the National 
Renewable Energy Laboratory (NREL),\4\ DOE distinguished between two 
distinctive periods of solar water heater installations. From 1985 to 
2005, when there were no tax incentives for solar water heaters, the 
number of installations ranged from approximately 5,000 to 10,000 
annually. Federal and State tax incentives were instituted in 2006. 
Between 2006 and 2010, there were between approximately 18,000 and 
33,500 solar thermal water heater systems installed annually in the 
U.S.
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    \4\ Hudon, K., T. Merrigan, J. Burch, and J. Maguire. Low-Cost 
Solar Water Heating Research and Development Roadmap. National 
Renewable Energy Laboratory. August 2012. NREL/TP-5500-54793.
---------------------------------------------------------------------------

    Additionally, ENERGY STAR[supreg] Unit Shipment Data \5\ reports 
that in 2010, 2011, and 2012, 10,000, 10,000, and 7,000 ENERGY STAR-
qualified solar water heaters were shipped, respectively. Almost all 
ENERGY STAR models are indirect forced circulation systems. However, 
all available installation and shipment data do not provide information 
on the types of secondary water heaters used with these systems.
---------------------------------------------------------------------------

    \5\ U.S. Environmental Protection Agency: ENERGY STAR, Unit 
Shipment Data Archives, 2014. (Last accessed October 2014) 
(Available at: http://www.energystar.gov/index.cfm?c=partners.unit_shipment_data_archives).
---------------------------------------------------------------------------

    DOE also examined data on the stock of solar water heaters from the 
American Housing Survey (AHS) and the Energy Information 
Administration's (EIA) Residential Energy Consumption Survey (RECS) 
from 1990 to 2011. These data indicate a decreasing trend from around 
300,000 solar water heaters installed in primary and secondary housing 
units in the 1990s to approximately 150,000 or less in the 2000s. RECS 
2009 reports that 135,000 solar water heaters served as the household 
primary water heater. AHS reports that in 2011, 163,000 solar water 
heaters served as the household primary water heater.
    Based on ENERGY STAR model data,\6\ DOE determined that the 
following companies manufacture solar water heaters (collector and 
storage tank): A.O. Smith Corporation; Agua Del Sol, L.L.C.; EZINC 
Metal San. Tic. A. S.; NY Thermal Inc.; Pacific West Solar; Integrated 
Solar, LLC; and Rheem-Ruud Manufacturing. In addition, from 
manufacturer literature, DOE determined that several more manufacturers 
produce secondary water heaters (storage and instantaneous) used in 
solar thermal water heating installations, including Bradford White, 
Rinnai, and Heliodyne.\7\
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    \6\ U.S. Environmental Protection Agency, ENERGY STAR Certified 
Water Heaters, 2014. (Last accessed October 2013). (Available at: 
http://www.energystar.gov/productfinder/product/certified-water-heaters/results).
    \7\ Bradford White: http://www.bradfordwhite.com/products/solar. 
Rinnai: http://www.rinnai.us/. Heliodyne: http://www.heliodyne.com/.
---------------------------------------------------------------------------

    Regarding the market for solar water heating systems, DOE seeks 
comment on the following issues:
    Issue 4. DOE seeks comment on the fractions of single tank and dual 
tank solar water heating systems, and whether the secondary water 
heaters used include design features that differ from conventional 
residential water heaters.
    Issue 5. DOE seeks comment on the manufacturers of water heaters 
used in solar thermal installations. DOE also seeks input regarding the 
market share of each manufacturer, and whether any of them are small 
businesses.
    Issue 6. DOE understands that solar water heaters may be installed 
with secondary water heaters of varying rated

[[Page 62894]]

volumes (e.g., 60 gal, 80 gal, 120 gal, etc.), input capacity, and fuel 
type. DOE seeks input regarding the total annual shipments of the 
market for solar water heating systems that utilize secondary heat 
sources, the fractions of water heaters that are used to provide 
secondary water heating by rated volume, input capacity, and fuel type.
    Issue 7. DOE seeks comment on any other attributes of solar water 
heating systems that utilize secondary heating tanks, which distinguish 
them from conventional storage or instantaneous water heaters.

III. Public Participation

    DOE will accept comments, data, and information regarding this RFI 
and other matters relevant to solar water heating equipment no later 
than the date provided in the DATES section at the beginning of this 
RFI. Interested parties may submit comments using any of the methods 
described in the ADDRESSES section at the beginning of this RFI.
    Instructions: All submissions received must reference the Office of 
Energy Efficiency and Renewable Energy and Docket Number EERE-2014-BT-
STD-0045. No telefacsimilies (faxes) will be accepted.
    Docket: The docket is available for review at www.regulations.gov, 
including Federal Register notices, public meeting attendees' lists and 
transcripts, comments, and other supporting documents/materials. All 
documents in the docket are listed in the www.regulations.gov index. 
However, not all documents listed in the index may be publicly 
available, such as information that is exempt from public disclosure.
    A link to the docket Web page can be found at: http://www.regulations.gov/#!docketDetail;D=EERE-2014-BT-STD-0045. This Web 
page contains a link to the docket for this notice on the 
www.regulations.gov Web site. The www.regulations.gov Web page contains 
simple instructions on how to access all documents, including public 
comments, in the docket.
    For information on how to submit a comment, review other public 
comments and the docket, or participate in the public meeting, contact 
Ms. Brenda Edwards at (202) 586-2945 or by email: 
<a href="/cdn-cgi/l/email-protection#d694a4b3b8b2b7f893b2a1b7a4b2a596b3b3f8b2b9b3f8b1b9a0"><span class="__cf_email__" data-cfemail="0f4d7d6a616b6e214a6b786e7d6b7c4f6a6a216b606a21686079">[email protected]</span></a>.
    DOE actively encourages the participation and interaction of the 
public during the comment period in each stage of the rulemaking 
process. Interactions with and between members of the public provide a 
balanced discussion of the issues and assist DOE in the rulemaking 
process. Anyone who wishes to be added to the DOE mailing list to 
receive future notices and information about the subject of this notice 
should contact Ms. Brenda Edwards at (202) 586-2945, or via email at 
<a href="/cdn-cgi/l/email-protection#d694a4b3b8b2b7f893b2a1b7a4b2a596b3b3f8b2b9b3f8b1b9a0"><span class="__cf_email__" data-cfemail="3674445358525718735241574452457653531852595318515940">[email protected]</span></a>.

    Issued in Washington, DC, on October 10, 2014.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2014-24978 Filed 10-20-14; 8:45 am]
BILLING CODE 6450-01-P


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