Energy Conservation Program for Consumer Products: Definitions for Residential Water Heaters
Federal Register, Volume 80 Issue 67 (Wednesday, April 8, 2015)
Federal Register Volume 80, Number 67 (Wednesday, April 8, 2015)
Proposed Rules
Pages 18784-18795
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2015-07956
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DEPARTMENT OF ENERGY
10 CFR Part 430
Docket Number EERE-2014-BT-STD-0045
RIN 1904-AD48
Energy Conservation Program for Consumer Products: Definitions for Residential Water Heaters
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy.
ACTION: Notice of proposed rulemaking (NOPR).
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SUMMARY: The Energy Policy and Conservation Act of 1975 (EPCA), as amended, prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including residential water heaters. EPCA also requires the U.S. Department of Energy (DOE) to determine whether more stringent amended standards would be technologically feasible and economically justified, and would save a significant amount of energy. Accordingly, DOE established amended energy conservation standards for several classes of residential water heaters in an April 2010 final rule. In this notice, DOE proposes to amend its definitions pertaining to residential water heaters and to clarify the applicability of energy conservation standards for residential water heaters that are utilized as a secondary back-up heat source in solar-thermal water heating systems. Specifically, DOE is proposing to create a definition for ``solar-
assisted fossil fuel storage water heater'' and ``solar-assisted electric storage water heater'' and clarify that water heaters meeting these definitions are not subject to the amended energy
Page 18785
conservation standards for residential water heaters established by the April 2010 final rule.
DATES: DOE will accept comments, data, and information regarding this notice of proposed rulemaking (NOPR) no later than May 8, 2015. See section V, ``Public Participation'' for details.
ADDRESSES: Any comments submitted must identify the NOPR for Energy Conservation Standards for Residential Water Heaters, and provide docket number EERE-2014-BT-STD-0045 and/or regulatory information number (RIN) number 1904-AD48. Comments may be submitted using any of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments.
2. Email: ResWaterHeater2014STD0045@ee.doe.gov. Include the docket number and/or RIN in the subject line of the message.
3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, Mailstop EE-2J, 1000 Independence Avenue SW., Washington, DC 20585-0121. If possible, please submit all items on a CD. It is not necessary to include printed copies.
4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite 600, 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 V of this document (Public Participation).
Docket: The docket, which includes Federal Register notices, public meeting attendee lists and transcripts, comments, and other supporting documents/materials, is available for review at regulations.gov. All documents in the docket are listed in the regulations.gov index. However, some documents listed in the index, such as those containing information that is exempt from public disclosure, may not be publicly available.
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 will contain a link to the docket for this notice on the regulations.gov site. The regulations.gov Web page will contain simple instructions on how to access all documents, including public comments, in the docket. See section V for further information on how to submit comments through www.regulations.gov.
For further information on how to submit a comment, review other public comments and the docket, contact Ms. Brenda Edwards at (202) 586-2945 or by email: Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT: Ashley Armstrong, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-6590. Email: Ashley.Armstrong@ee.doe.gov.
Johanna Hariharan, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 287-6307. Email: Johanna.Hariharan@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
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Authority
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Background
II. Summary of the Proposed Rule
III. General Discussion
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Product Classes
1. General Description
2. Comments on te General Advantages of Solar Heating Systems
3. Design and Heating Rate Differences
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Conclusions
IV. Procedural Issues and Regulatory Review
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Review Under Executive Orders 12866 and 13563
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Review Under the Regulatory Flexibility Act
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Review Under the Paperwork Reduction Act
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Review Under the National Environmental Policy Act of 1969
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Review Under Executive Order 13132
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Review Under Executive Order 12988
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Review Under the Unfunded Mandates Reform Act of 1995
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Review Under the Treasury and General Government Appropriations Act, 1999
I. Review Under Executive Order 12630
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Review Under the Treasury and General Government Appropriations Act, 2001
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Review Under Executive Order 13211
L. Review Under the Information Quality Bulletin for Peer Review
V. Public Participation
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Submission of Comments
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Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Introduction
The following section briefly discusses the statutory authority underlying DOE's standards for residential water heaters and this NOPR, as well as some of the relevant historical background related to the establishment of standards for residential water heaters.
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Authority
Title III of the Energy Policy and Conservation Act, as amended \1\ (42 U.S.C. 6291 et seq.; hereinafter ``EPCA'') sets forth various provisions designed to improve energy efficiency. Part A of title III of EPCA (42 U.S.C. 6291-6309) establishes the ``Energy Conservation Program for Consumer Products Other Than Automobiles,'' which covers consumer products and certain commercial products (hereinafter referred to as ``covered products'').\2\ These covered products include residential water heaters, which are the subject of this notice. (42 U.S.C. 6292(a)(4))
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\1\ 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).
\2\ For editorial reasons, upon codification in the U.S. Code, Part B was re-designated Part A.
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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 Federal Trade Commission (FTC) is primarily responsible for labeling consumer products, and DOE implements the remainder of the program.
EPCA contains what is known as an ``anti-backsliding'' provision, which prevents the Secretary from prescribing any amended standard that either increases the maximum allowable energy use or decreases the minimum required energy efficiency of a covered product. (42 U.S.C. 6295(o)(1)) Also, the Secretary may not prescribe an amended or new standard if interested persons have established by a preponderance of the evidence that the standard is likely to result in the unavailability in the United States of any covered product type (or class) of performance characteristics (including reliability), features, sizes, capacities, and volumes that are substantially the same as those generally available in the United States. (42 U.S.C. 6295(o)(4))
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Background
EPCA prescribed energy conservation standards for residential water heaters (42 U.S.C. 6295(e)(1)) and directed DOE to conduct rulemakings to determine whether to amend these standards. (42 U.S.C. 6295(e)(4)) DOE notes that under 42 U.S.C. 6295(m), the agency must periodically review its already established energy conservation standards for a covered product. Under this requirement, the next review that
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DOE would need to conduct must occur no later than six years from the issuance of a final rule establishing or amending a standard for a covered product.
On January 17, 2001, DOE published a final rule prescribing the Federal energy conservation standards for residential water heaters that are currently in effect for units manufactured on or after January 20, 2004. 66 FR 4474 (``January 2001 Final Rule''). The January 2001 Final Rule 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.
Table I.1--Current Federal Energy Efficiency Standards for Residential
Water Heaters
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Energy factor as of January 20,
Product class 2004
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Gas-fired Water Heater............... EF = 0.67 - (0.0019 x Rated
Storage Volume in gallons).
Oil-fired Water Heater............... EF = 0.59 - (0.0019 x Rated
Storage Volume in gallons).
Electric 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).
Instantaneous Gas-fired 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).
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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 (hereinafter ``April 2010 final rule''). 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. Id.
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
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Energy factor as of April 16,
Product class 2015
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Gas-fired 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 Water Heater............... EF = 0.68 - (0.0019 x Rated
Storage Volume in gallons).
Electric 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).
Instantaneous Gas-Fired Water Heater. EF = 0.82 - (0.0019 x Rated
Storage Volume in gallons).
Instantaneous Electric Water Heater.. EF = 0.93 - (0.00132 x Rated
Storage Volume in gallons).
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On October 21, 2014, DOE published a Request for Information (RFI) in the Federal Register regarding test procedures and energy conservation standards for residential solar water heaters (hereinafter the ``October 2014 RFI''). 79 FR 62891. Specifically, the October 2014 RFI requested comment on the following topics:
1. Solar water heating technologies that utilize a secondary heating source that are currently available to the consumer.
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.
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.
4. 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.
5. The manufacturers of water heaters used in solar thermal installations, the market share of each manufacturer, and whether any of them are small businesses.
6. 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.
7. Any other attributes of solar water heating tanks which distinguish them from conventional storage or instantaneous water heaters. 79 FR 62891, 62893-94 (Oct. 21, 2014).
II. Summary of the Proposed Rule
After considering the comments on the RFI and the characteristics and applications of hot water storage tanks used in solar thermal systems and having a backup gas, oil, or electric heat source, DOE has tentatively concluded that the analysis conducted for the April 2010 final rule did not adequately consider such applications and the accompanying backup tanks. Therefore, in this NOPR, DOE is proposing to add clarifying text to 10 CFR 430.32(d) indicating that the energy conservation standards for residential water heaters
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do not apply to water heaters meeting the new definitions of ``solar-
assisted fossil fuel storage water heater'' and ``solar-assisted electric storage water heater,'' that are also proposed in this NOPR. (See section III.D of this NOPR for the proposed definitions.)
III. General Discussion
As stated in section I.B, compliance with an amended energy conservation standard for residential water heaters will be required beginning on April 16, 2015. 75 FR 20111. DOE has tentatively concluded that hot water storage tanks used in solar thermal systems that have a backup gas, oil, or electric heat source were not adequately considered in the analysis for the April 2010 rule. Therefore, DOE is undertaking this rulemaking to clarify the scope of DOE's existing energy conservation standards for residential water heaters.
In response to the October 2014 RFI, DOE received 4 written comments from the following interested parties: American Council for an Energy-Efficient Economy (ACEEE),\3\ Air-Conditioning, Heating and Refrigeration Institute (AHRI), Rheem Manufacturing Company (Rheem) and Solar Energy Industries Association (SEIA).\4\ These comments are discussed further in the sections below as they relate to the specific issues discussed in this NOPR.
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\3\ ACEEE submitted a joint comment on behalf of ACEEE, Appliance Standards Awareness Project (ASAP), and Natural Resources Defense Council (NRDC), and this comment is referred to throughout this document as the ``ACEEE joint comment.''
\4\ SEIA submitted a joint comment on behalf of SEIA, International Association of Plumbing and Mechanical Officials (IAPMO) and Solar Rating and Certification Corporation (SRCC), and this comment is referred to throughout this document as the ``SEIA joint comment.''
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Generally, the ACEEE joint comment recommended that DOE not consider a rulemaking to adopt a new minimum efficiency standard for residential solar-thermal water heaters because the extremely small sales volume of these products does not justify the effort to set a standard. The ACEEE joint comment argued that customers of these expensive systems would buy only from reputable manufacturers and installers and use either the ENERGY STAR brand or a high rating under the SRCC program to guide their purchasing decision. (ACEEE joint comment, No. 2 at p. 1-2) The ACEEE joint comment also recommended that DOE not consider a rulemaking to adopt a new test method for residential solar-thermal water heating systems because a widely accepted non-federal test method and rating program for solar water heaters built around OG-300 solar system ratings already exists. (ACEEE joint comment, No. 2 at p. 1) The SEIA joint comment recommended an exemption be established for backup water heaters which prioritize solar heating over the secondary heat source and that the volume heated by the secondary heat source be less than or equal to 55 gallons. (SEIA joint comment, No. 5 at p. 6) Similarly, Rheem commented that the residential water heater standard for conventional water heaters should not be applied to solar water heaters because they are different systems and not direct substitutes. (Rheem, No. 4 at p. 2)
DOE generally agrees with these commenters' points and notes that the purpose of this NOPR is not to consider new energy conservation standards or test methods for solar water heating systems, but rather to clarify the scope of DOE's existing standards. Specifically, DOE is proposing amendments to clarify that DOE's standards for residential water heaters are not applicable to water heaters that are used as a backup heat source in solar thermal water heating systems.
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Product Classes
When evaluating and establishing energy conservation standards, DOE divides covered products into product classes by the type of energy used or by capacity or other performance-related features that justify a different standard. In making a determination whether a performance-
related feature justifies a different standard, DOE must consider such factors as the utility to the consumer of the feature and other factors DOE determines are appropriate. (42 U.S.C. 6295(q))
Existing energy conservation standards divide residential water heaters into product classes based on primary energy source (i.e., gas, oil, or electricity), whether it is instantaneous or storage, and whether it is a ``tabletop'' model. Storage capacity and input rate are used to determine whether a water heater is characterized as storage or instantaneous. (42 U.S.C. 6291(27)) For example, an instantaneous water heater must contain no more than one gallon of water per 4,000 Btu per hour of input. (42 U.S.C. 6291(27)(B)). EPCA establishes the input-rate limitations for residential water heaters (42 U.S.C. 6291(27)), and DOE has further established limitations at 10 CFR 430.2 based on rated storage volume and the temperature to which the water can be delivered. Table III.1 shows the input and volume limitations that define the current range of water heaters subject to standards. In addition to the criteria listed in Table III.1, if a water heater is designed to heat water to a temperature of less than 180 degF, it is classified as residential, while any water heater that heats water to temperatures at or above 180 degF is classified as commercial. In the amended energy conservation standard established by the April 2010 final rule and effective April 16, 2015, rated storage volume is used to determine the applicable standard. Gas and electric water heaters with rated storage volumes above 55 gallons are subject to more stringent standards than smaller water heaters of the same fuel type. 10 CFR 430.32(d).
Residential water heaters that use solar energy only are not covered by DOE regulations for residential water heaters since they do not utilize gas, oil, or electricity as required by the definition of a ``water heater'' under EPCA. (42 U.S.C. 6291(27)) However, residential water heaters that use solar energy but that are combined with storage tanks with secondary or backup energy sources that use electricity, gas, or oil are covered, provided that they meet all other requirements to be considered a ``water heater''. This rule considers only solar-
thermal tanks designed for residential use; therefore, the water heater must be described by the fuel type and volumes specified in Table I.2 and reiterated in Table III.1 and meet the input capacity limitations set forth in EPCA and shown below in Table III.1. (42 U.S.C. 6291(16))
Table III.1--Residential Storage Water Heater Scope of Coverage
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Rated storage
Product class volume Input capacity
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Gas-Fired Storage............... >=20 gal and =20 gal and =20 gal and =20 gallons and =20 gallons and =20 gallons and
