Energy Conservation Program: Test Procedures for Water Closets and Urinals
| Published date | 20 May 2021 |
| Citation | 86 FR 27281 |
| Record Number | 2021-09695 |
| Section | Proposed rules |
| Court | Energy Department |
Federal Register, Volume 86 Issue 96 (Thursday, May 20, 2021)
[Federal Register Volume 86, Number 96 (Thursday, May 20, 2021)]
[Proposed Rules]
[Pages 27281-27298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09695]
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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.
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Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 /
Proposed Rules
[[Page 27281]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2017-BT-TP-0028]
RIN 1904-AE03
Energy Conservation Program: Test Procedures for Water Closets
and Urinals
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking and request for comment.
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SUMMARY: The U.S. Department of Energy (``DOE'') proposes to amend the
test procedures for water closets and urinals, to reference the most
recent update to the relevant industry standard, American Society of
Mechanical Engineers (``ASME'') Standard 112.19.2-2018. DOE also
proposes to replace the term ``blowout toilet'' with ``blowout bowl
water closet,'' and add definitions for the terms ``blowout action,''
``gravity flush tank water closet,'' ``siphonic action,'' ``siphonic
bowl,'' and ``trough-type urinal,'' which are currently used in the
Federal test procedures but not defined. DOE is seeking comment from
interested parties on the proposal.
DATES: DOE will accept comments, data, and information regarding this
proposal no later than July 19, 2021. See section V, ``Public
Participation,'' for details. DOE will hold a webinar on June 16, 2021,
from 10:00 a.m. to 3:00 p.m. See section V, ``Public Participation,''
for webinar registration information, participant instructions, and
information about the capabilities available to webinar participants.
If no participants register for the webinar, it will be cancelled.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at www.regulations.gov. Follow the
instructions for submitting comments. Alternatively, interested persons
may submit comments, identified by docket number EERE-2017-BT-TP-0028,
by email to the following address:
[email protected]. Include the docket number EERE-
2017-BT-TP-0028 or regulatory information number (RIN) 1904-AE03 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.
Although DOE has routinely accepted public comment submissions
through a variety of mechanisms, including postal mail and hand
delivery/courier, the Department has found it necessary to make
temporary modifications to the comment submission process in light of
the ongoing COVID-19 pandemic. DOE is currently accepting only
electronic submissions at this time. If a commenter finds that this
change poses an undue hardship, please contact Appliance Standards
Program staff at (202) 586-1445 to discuss the need for alternative
arrangements. Once the COVID-19 pandemic health emergency is resolved,
DOE anticipates resuming all of its regular options for public comment
submission, including postal mail and hand delivery/courier.
Docket: The docket, which includes Federal Register notices, public
meeting attendee lists and transcripts (if a public meeting is held),
comments, and other supporting documents/materials, is available for
review at www.regulations.gov. All documents in the docket are listed
in the www.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.
The docket web page can be found at https://www.regulations.gov/docket?D=EERE-2017-BT-TP-0028. The docket web page contains
instructions on how to access all documents, including public comments,
in the docket. See section V for information on how to submit comments
through www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 586-0371. Email [email protected].
Mr. Matthew Ring, U.S. Department of Energy, Office of the General
Counsel, 1000 Independence Avenue SW, GC-33, Washington, DC 20585;
(202) 586-2555; [email protected].
For further information on how to submit a comment, review other
public comments and the docket, or participate in a public meeting (if
one is held), contact the Appliance and Equipment Standards Program
staff at (202) 287-1445 or by email:
[email protected].
SUPPLEMENTARY INFORMATION: DOE proposes to incorporate by reference the
following industry standard into part 430: ASME A112.19.2-2018/CSA
B45.1-18, ``Ceramic plumbing fixtures,'' approved 2018 (``ASME
A112.19.2-2018'').
Copies of ASME A112.19.2-2018 can be obtained from American Society
of Mechanical Engineers at Two Park Avenue, New York, NY 10016-5990, or
by going to www.asme.org.
For a further discussion of this standard, see section IV.M.
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
A. Scope of Applicability
B. Updates to Industry Standards
C. Definitions
1. Toilet versus Water Closet
2. Electromechanical Hydraulic Toilet Versus Electro-Hydraulic
Water Closet
3. Blowout Toilet versus Blowout Bowl
4. Gravity Flush Tank Water Closet
5. Siphonic Bowl and Siphonic Action
6. Trough-Type Urinals
D. Metric
E. Averaging Water Consumption Across Various Test Pressures
F. Additional Directions Regarding Recorded & Calculated Values
G. Sampling
H. 10 CFR 430.23 Nomenclature
I. Dual-Flush Water Closets
J. Additional Comments
K. Smart and Connected Technologies
L. Replacing ``Instrumentation'' With ``Apparatus'' in Appendix
T
M. Test Procedure Costs, Harmonization, and Other Topics
1. Test Procedure Costs and Impact
2. Harmonization With Industry Standards
3. Other Test Procedure Topics
[[Page 27282]]
N. Compliance Date
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 112866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 113132
F. Review Under Executive Order 112988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 112630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 113211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Description of Materials Incorporated by Reference
V. Public Participation
A. Participation in the Webinar
B. Submission of Comments
C. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Authority and Background
Water closets and urinals are included in the list of ``covered
products'' for which DOE is authorized to establish and amend water use
standards and test procedures. (42 U.S.C. 6292(a)(17) and (18)) DOE's
test procedures for water closets and urinals are prescribed in the CFR
at 10 CFR 430.23(u) and (v), respectively, and 10 CFR part 430 subpart
B appendix T (``Appendix T''). The following sections discuss DOE's
authority to establish test procedures for water closets and urinals,
as well as relevant background information regarding DOE's
consideration of test procedures for this product.
A. Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
authorizes DOE to regulate the energy efficiency or water use of a
number of consumer products and certain industrial equipment. (42
U.S.C. 6291-6317) Title III, Part B \2\ of EPCA established the Energy
Conservation Program for Consumer Products Other Than Automobiles,
which sets forth a variety of provisions designed to improve energy
efficiency and water use. These products include water closets and
urinals, the subject of this document. (42 U.S.C. 6292(a)(17) and (18))
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\1\ All references to EPCA in this document refer to the statute
as amended through America's Water Infrastructure Act of 2018,
Public Law 115-270 (Oct. 23, 2018).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated Part A.
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The energy conservation program under EPCA, which includes water
use requirements, consists essentially of four parts: (1) Testing, (2)
labeling, (3) Federal energy conservation standards, and (4)
certification and enforcement procedures. Relevant provisions of EPCA
specifically include definitions (42 U.S.C. 6291), test procedures (42
U.S.C. 6293), labeling provisions (42 U.S.C. 6294), energy conservation
standards \3\ (42 U.S.C. 6295), and the authority to require
information and reports from manufacturers. (42 U.S.C. 6296)
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\3\ The term ``energy conservation standard'' includes water use
standards for showerheads, faucets, water closets and urinals. (42
U.S.C. 6291(6)(A))
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The Federal testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for: (1)
Certifying to DOE that their products comply with the applicable energy
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)),
and (2) making representations about the energy and water use, as
applicable, of those consumer products. (42 U.S.C. 6293(c)) Similarly,
DOE must use these test procedures to determine whether the products
comply with relevant standards promulgated under EPCA. (42 U.S.C.
6295(s))
Federal energy efficiency and water use requirements for covered
products established under EPCA generally supersede State laws and
regulations concerning energy and water conservation testing, labeling,
and standards. (42 U.S.C. 6297) DOE may, however, grant waivers of
Federal preemption for particular State laws or regulations, in
accordance with the procedures and other provisions of EPCA. (42 U.S.C.
6297(d))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered products. EPCA requires that any test procedures prescribed or
amended under this section be (1) reasonably designed to produce test
results which measure energy efficiency, energy use, water use (for
plumbing products such as water closets and urinals), or estimated
annual operating cost of a covered product during a representative
average use cycle or period of use and (2) not be unduly burdensome to
conduct. (42 U.S.C. 6293(b)(3))
EPCA directs that the test procedures for water closets and urinals
are to be the test procedures specified in American Society of
Mechanical Engineers A112.19.6-1990, ``Hydraulic Requirements for Water
Closets and Urinals'' (``ASME A112.19.6-1990''). (42 U.S.C.
6293(b)(8)(A)) EPCA further directs that, if the requirements of ASME
A112.19.6-1990 are revised at any time and approved by the American
National Standards Institute (``ANSI''), DOE must amend the Federal
test procedures to conform to the revised ASME/ANSI standard, unless
DOE determines by rule that to do so would not meet the requirements of
EPCA that the test procedures be reasonably designed to produce test
results which measure water use during a representative average use
cycle as determined by DOE, and not be unduly burdensome to conduct.
(42 U.S.C. 6293(b)(8)(B)) If DOE determines that a test procedure
amendment is warranted, it must publish proposed test procedures and
offer the public an opportunity to present oral and written comments on
them. (42 U.S.C. 6293(b)(2))
EPCA also requires that, at least once every 7 years, DOE evaluate
test procedures for each type of covered product, including water
closets and urinals, to determine whether amended test procedures would
more accurately or fully comply with the requirements for the test
procedures to be reasonably designed to produce test results that
reflect water use and estimated operating costs during a representative
average use cycle or period of use, and not be unduly burdensome to
conduct. (42 U.S.C. 6293(b)(1)(A)). If the Secretary determines, on his
own behalf or in response to a petition by any interested person, that
a test procedure should be prescribed or amended, the Secretary shall
promptly publish in the Federal Register proposed test procedures and
afford interested persons an opportunity to present oral and written
data, views, and arguments with respect to such procedures. (42 U.S.C.
6293(b)(2)) The comment period on a proposed rule to amend a test
procedure shall be at least 60 days and may not exceed 270 days.\4\ Id.
In
[[Page 27283]]
prescribing or amending a test procedure, the Secretary shall take into
account such information as the Secretary determines relevant to such
procedure, including technological developments relating to energy or
water use or energy efficiency of the type (or class) of covered
products involved. Id. If DOE determines that test procedure revisions
are not appropriate, DOE must publish its determination not to amend
the test procedures.
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\4\ DOE has historically provided a 75-day comment period for
test procedure NOPRs, consistent with the comment period requirement
for technical regulations in the North American Free Trade
Agreement, U.S.-Canada-Mexico (``NAFTA''), Dec. 17, 1992, 32 I.L.M.
289 (1993); the North American Free Trade Agreement Implementation
Act, Public Law 103-182, 107 Stat. 2057 (1993) (codified as amended
at 10 U.S.C.A. 2576) (1993) (``NAFTA Implementation Act''); and
Executive Order 12889, ``Implementation of the North American Free
Trade Agreement,'' 58 FR 69681 (Dec. 30, 1993). However, Congress
repealed the NAFTA Implementation Act and has replaced NAFTA with
the Agreement between the United States of America, the United
Mexican States, and the United Canadian States (``USMCA''), Nov. 30,
2018, 134 Stat. 11, thereby rendering E.O. 12889 inoperable.
Consequently, since the USMCA is consistent with EPCA's public
comment period requirements and normally requires only a minimum
comment period of 60 days for technical regulations, DOE now
provides a 60-day public comment period for test procedure NOPRs.
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DOE is publishing this notice of proposed rulemaking (``NOPR'') in
satisfaction of these requirements under EPCA. (42 U.S.C. 6293(b)(1)(A)
and (b)(8)(B))
B. Background
DOE's current test procedures for water closets and urinals are
found in 10 CFR 430.23(u) and (v), respectively, and Appendix T.
DOE last amended the test procedures for water closets and urinals
on October 23, 2013, (``October 2013 final rule''). 78 FR 62970. In the
October 2013 final rule, DOE incorporated by reference ASME A112.19.2-
2008, ``Ceramic Plumbing Fixtures,'' including Update No. 1, dated
August 2009, and Update No. 2, dated March 2011 (``ASME A112.19.2-
2008''). ASME A112.19.2-2008 is a consolidation and revision of several
ASME test methods, including a revised version of the test method
previously incorporated by reference, ASME A112.19.6-1995, and, for
purposes of testing water closets and urinals, is the successor
standard to the ASME A112.19.6-1990 standard required by EPCA. (42
U.S.C. 6293(b)(8)(A))
In July 2013, ASME revised ASME A112.19.2-2008 by issuing ASME
A112.19.2-2013, ``Ceramic Plumbing Fixtures'' (``ASME A112.19.2-
2013''). In October 2013, ASME published Update 1 for ASME A112.19.2-
2013 (``ASME A112.19.2-2013 Update 1''). Because of the timing of the
issuance of ASME A112.19.2-2013 in July 2013, and ASME A112.19.2-2013
Update 1 in October 2013, DOE did not incorporate either 2013 version
of the industry standard in the October 2013 final rule. 78 FR 62970,
62977.
In July 2018, ASME revised ASME A112.19.2-2013 by publishing ASME
A112.19.2-2018, followed by the addition of an errata sheet in October
2018 (``ASME A112.19.2-2018'' refers to both the original document and
the October 2018 errata sheet). ASME A112.19.2-2018 does not contain
any substantive differences compared to ASME A112.19.2-2013 regarding
the test apparatus and instructions for testing water closets and
urinals, and the test method for water consumption (see section III.B
for further discussion).
On August 5, 2019, DOE published a request for information
(``August 2019 RFI'') pertaining to the test procedures for water
closets and urinals. 84 FR 37970. In the August 2019 RFI, DOE solicited
public comments, data, and information on all aspects of, and any
issues or problems with, the existing DOE test procedures for water
closets and urinals, including on any needed updates or revisions.
Specifically, DOE requested comment on whether to conform the test
procedures to ASME A112.19.2-2018, including updates to terms and
definitions, figures, and tables. Id. DOE received four comments in
response to the August 2019 RFI from the interested parties listed in
Table I.1.\5\
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\5\ Comments provided in the docket are available at https://www.regulations.gov/docket?D=EERE-2017-BT-TP-0028.
Table I.1--Written Comments Received in Response to August 2019 RFI
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Reference in this
Commenter NOPR Categorization
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California Investor Owned CA IOUs........... Utility Companies.
Utilities.
Cooper Reaves................... Reaves............ Member of the
Public.
Natural Resources Defense NRDC and ASAP..... Efficiency
Council, Appliance Standards Advocacy
Awareness Project. Organizations.
Plumbing Manufacturers PMI............... Trade Association.
International.
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II. Synopsis of the Notice of Proposed Rulemaking
In this NOPR, DOE proposes to update 10 CFR 430.2 (Definitions), 10
CFR 430.3 (Materials Incorporated by Reference), and Appendix T as
follows:
(1) Incorporate by reference ASME A112.19.2-2018, ``Ceramic
plumbing fixtures;''
(2) Replace the current term ``blowout toilet'' with ``blowout bowl
water closet;'' and
(3) Add terms and corresponding definitions for ``blowout action,''
``gravity flush tank water closet,'' ``siphonic action,'' ``siphonic
bowl,'' and ``trough-type urinal.''
DOE's proposed actions are summarized in Table II-1, which provides
a comparison of each proposed change to the current test procedures, as
well as the rationale for the proposed change.
Table II-1--Summary of Proposed Changes to the Test Procedures Relative
to the Current Test Procedures
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Proposed test
Current DOE test procedures procedures Attribution
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Incorporates the 2008 version Incorporates the 2018 Industry TP
of ASME A112.19.2 for version of ASME update to ASME
measurement of water A112.19.2. A112.19.2-2018.
consumption.
References and defines the Defines the term Clarifies and
term ``blowout toilet.''. ``blowout bowl,'' and harmonizes
references the term terms and
``blowout bowl water definitions
closet'' in lieu of with ASME
``blowout toilet''. A112.19.2-2018.
Defines the term
``blowout action,''
which is included
within the proposed
definition of
``blowout bowl.''
[[Page 27284]]
References the terms ``gravity Defines the terms Clarifies and
flush tank water closet'' and ``gravity flush tank harmonizes
``siphonic bowl,'' but does water closet'' and definitions
not define either term. ``siphonic bowl.'' with ASME
Defines the term A112.19.2-2018.
``siphonic action,''
which is included
within the proposed
definition of
``siphonic bowl.''
References the term ``trough- Defines the term Harmonizes the
type urinal,'' but does not ``trough-type definition of
define it. urinal''. the term with
stakeholder
recognized
definition.
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DOE has tentatively determined that the proposed amendments
described in section III of this NOPR would not alter the measured
water use of water closets and urinals, which is representative of
average use cycles, and that the proposed test procedures would not be
unduly burdensome to conduct. Discussion of DOE's proposed actions are
addressed in detail in section III of this NOPR.
III. Discussion
A. Scope of Applicability
This NOPR applies to both water closets and urinals, as defined in
10 CFR 430.2. DOE defines a ``water closet'' as a plumbing fixture that
has a water-containing receptor that receives liquid and solid body
waste, and upon actuation, conveys the waste through an exposed
integral trap seal into a gravity drainage system, except such term
does not include fixtures designed for installation in prisons. 10 CFR
430.2. DOE defines a ``urinal'' as a plumbing fixture that receives
only liquid body waste and, on demand, conveys the waste through a trap
seal into a gravity drainage system, except such term does not include
fixtures designed for installations in prisons. Id.
The proposed updates in this NOPR would not change the scope of the
test procedures for water closets or urinals.
B. Updates to Industry Standards
Currently, DOE's test procedures for water closets and urinals in
Appendix T incorporate by reference ASME A112.19.2-2008,\6\ sections
7.1, 7.1.1, 7.1.2, 7.1.3, 7.1.4, 7.1.5, 7.4, 8.2, 8.2.1, 8.2.2, 8.2.3,
8.6, Table 5, and Table 6. These sections and tables provide procedures
for testing and measuring water consumption, specifications for test
apparatus, and other general requirements for the testing of water
closets and urinals.
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\6\ This reference includes Update No. 1, dated August 2009, and
Update No. 2, dated March 2011.
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ASME A112.19.2-2018, the current version of the standard, amends
pertinent sections of the 2008 version currently incorporated into 10
CFR part 430. These amendments include (1) editorial changes and
clarification in sections 7.1.2, 7.3.2,\7\ 8.6.4, and Figure 12; \8\
(2) a correction in section 8.2.1 to the water consumption static test
pressure value for urinals to reflect the corresponding value in Table
6; and (3) additions to Table 5 that do not appear to be relevant to
the water consumption test for water closets. In the August 2019 RFI,
DOE had tentatively determined that these amendments would not impact
(1) the measured values of water use for water closets and urinals
under Appendix T, (2) the representativeness of the results, or (3) the
test burden, and requested comment on this tentative determination. 84
FR 37970, 37973.
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\7\ The water consumption test is section 7.4 in ASME A112.19.2-
2008, but section 7.3 in ASME A112.19.2-2018.
\8\ While Figure 12 is not incorporated by reference in 10 CFR
430.3(h)(2), Figure 12 is referenced within section 7.1.1, which is
currently incorporated by reference.
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In response to the August 2019 RFI, PMI generally agreed with DOE's
evaluation of ASME A112.19.2-2018, as compared to the currently
referenced version. (PMI, No. 3 at p. 1) \9\ The CA IOUs generally
supported updating the referenced ASME A112.19.2 standard to the 2013
version, which they stated is the most recent version formally approved
and accepted, to capture substantive updates. (CA IOUs, No. 4 at p. 2).
The CA IOUs also recommended that DOE include ``less substantive''
updates from the 2018 edition, including definitions, editorial
changes, and corrections. Id. Specifically, the CA IOUs suggested that
DOE make the correction in section 8.2.1 of ASME A112.19.2-2018 to the
water consumption static pressure value for urinals in DOE's
regulations to reflect the corresponding value in Table 6. (CA IOUs,
No. 4 at p. 4) Other stakeholders did not comment directly on DOE's
evaluation of the 2013 and 2018 versions of ASME A112.19.2.
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\9\ A notation in the form ``PMI, No. 3 at p. 1'' identifies a
written comment: (1) Made by PMI; (2) recorded in document number 3
that is filed in the docket of this test procedure rulemaking
(Docket No. EERE-2017-BT-TP-0028) and available for review at
www.regulations.gov; and (3) which appears on page 1 of document
number 3.
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DOE reiterates its tentative determination from the August 2019 RFI
that the amendments in ASME A112.19.2-2018 would not impact (1) the
measured values of water use for water closets and urinals under
Appendix T, (2) the representativeness of the results, or (3) the test
burden. As stated previously, ASME A112.19.2-2018 is the most recent
version of the industry standard, and DOE understands the 2018 version
to have been approved by ANSI on June 15, 2018.\10\ The CA IOUs stated
that the 2013 version of ASME A112.19.2 contains substantive updates to
the 2008 version, currently referenced in DOE's test procedures. If DOE
adopts the 2018 version as proposed, DOE's regulations would reflect
the substantive updates of interest to the CA IOUs. For the reasons
described in the August 2019 RFI and reiterated previously, DOE is
proposing to incorporate by reference ASME A112.19.2-2018.
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\10\ ANSI approval of A112.19.2-2018 indicated in ASME A112
Standards Status Report, available at https://cstools.asme.org/csconnect/Filedownload.cfm?43452.5508681&dir=CommitteeFiles&thisfile=487.pdf.
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DOE requests comment on its proposal to incorporate by reference
ASME A112.19.2-2018.
DOE also proposes to remove references in Appendix T to the
industry standard that are superfluous. Specifically, Appendix T
references section 7.1 in addition to subsections 7.1.1, 7.1.2, 7.1.3,
7.1.4 and 7.1.5 of ASME A112.19.2-2008.\11\ Section 7.1 only provides
the title ``General,'' without any other content. The referenced
subsections 7.1.1, 7.1.2, 7.1.3, 7.1.4 and 7.1.5 provide the general
specifications needed for performing the test procedure. Therefore, DOE
proposes to exclude the reference to section 7.1 of ASME A112.19.2-2018
in Appendix T. Similarly, section 8.2 only provides the title ``Test
apparatus and general
[[Page 27285]]
instructions,'' whereas sections 8.2.1, 8.2.2, and 8.2.3 provide the
test apparatus and instructions needed for performing the test
procedure. Therefore, DOE also proposes to exclude the reference to
section 8.2 of ASME A112.19.2-2018 in Appendix T.
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\11\ The 2018 industry standard update made no changes to these
sections.
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DOE requests comment on its proposal to remove references to
section 7.1 and 8.2 of ASME A112.19.2-2018 in Appendix T.
C. Definitions
Several terms and definitions in ASME A112.19.2-2018 related to
water closets and urinals vary from those in DOE regulations, including
terms not defined in 10 CFR 430.2. Table III-1 provides a summary of
the terms and definitions discussed in this NOPR.
Table III-1--Water Closets and Urinals: Terms and Definitions
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Usage in Appendix T, 10 CFR DOE definition (10 CFR ASME definition (A112.19.2-
Term 430.32(q) or 10 CFR 430.32(r) 430.2) 2018) DOE's proposal
--------------------------------------------------------------------------------------------------------------------------------------------------------
Toilet............................. 10 CFR 430.32(q).................... None...................... None...................... Replace term with
``water closet.''.
Electromechanical hydraulic toilet. 10 CFR 430.32(q).................... A water closet that None...................... Replace term with
utilizes electrically ``electromechanical
operated devices such as, hydraulic water
but not limited to, air closet'' while
compressors, pumps, maintaining existing
solenoids, motors, or definition.
macerators in place of or
to aid gravity in
evacuating waste from the
toilet.
Electro-hydraulic water closet..... Not used............................ None...................... A water closet with a No update.
nonmechanical trap seal
incorporating an electric
motor and controller to
facilitate flushing.
Blowout toilet..................... 10 CFR 430.32(q).................... A water closet that uses a None...................... Replace term with
non-siphonic bowl with an ``blowout bowl water
integral flushing rim, a closet.''.
trap at the rear of the
bowl, and a visible or
concealed jet that
operates with a blowout
action.
Blowout bowl....................... Appendix T.......................... None...................... A non-siphonic water Adopt ASME A112.19.2-
closet bowl with an 2018 definition.
integral flushing rim, a
trap at the rear of the
bowl, and a visible or
concealed jet that
operates with a blowout
action.
Blowout action..................... Not used............................ None...................... A means of flushing a Adopt ASME A112.19.2-
water closet whereby a 2018 definition.
jet of water directed at
the bowl outlet opening
pushes the bowl contents
into the upleg, over the
weir, and into the
gravity drainage system.
Blowout water closet............... Appendix T.......................... None...................... None...................... Replace term with
``blowout bowl water
closet.''.
Gravity flush tank water closet.... Appendix T.......................... None...................... A water closet designed to Adopt ASME A112.19.2-
flush the bowl with water 2018 definition.
supplied by gravity only.
Siphonic bowl...................... Appendix T.......................... None...................... A water closet bowl that Adopt ASME A112.19.2-
has an integral flushing 2018 definition.
rim, a trap at the front
or rear, and a floor or
wall outlet, and operated
with a siphonic action
(with or without a jet).
Siphonic action.................... Not used............................ None...................... The movement of water Adopt ASME A112.19.2-
through a flushing 2018 definition.
fixture by creating a
siphon to remove waste
material.
Trough-type urinal................. 10 CFR 430.32(r).................... None...................... None...................... Adopt California's
regulatory
definition.
--------------------------------------------------------------------------------------------------------------------------------------------------------
These terms and definitions are discussed in greater detail in the
following paragraphs.
1. Toilet Versus Water Closet
Although EPCA and DOE's test procedure use the term ``water
closet,'' several terms in 10 CFR 430.32(q) reference the term
``toilet'' instead, which is not defined. See 42 U.S.C. 6292(a)(17) DOE
defines ``water closet'' at 10 CFR 430.2. DOE understands the terms
``toilet'' and ``water closet'' as interchangeable. As such, and
consistent with the nomenclature in EPCA and DOE's product definitions,
DOE proposes in this NOPR to replace all instances of the term
``toilet'' in 10 CFR 430.32(q) with ``water closet''. Specifically,
this proposal includes replacing ``toilet'' with ``water closet'' in
the following terms: Gravity tank-type toilet, flushometer tank toilet,
electromechanical hydraulic toilet and blowout toilet. DOE is also
proposing
[[Page 27286]]
other updates to many of these terms, as discussed in the following
sections.
DOE requests comment on the proposal to replace the term ``toilet''
with ``water closet'' in 10 CFR 430.32(q).
2. Electromechanical Hydraulic Toilet Versus Electro-Hydraulic Water
Closet
DOE regulations at 10 CFR 430.32(q) use the statutory term
``electromechanical hydraulic toilet'' (42 U.S.C. 6295(k)(1)(A)) as the
name of a product class subject to water standards. DOE defines
``electromechanical hydraulic toilet'' as a water closet that utilizes
electrically operated devices such as, but not limited to, air
compressors, pumps, solenoids, motors, or macerators in place of or to
aid gravity in evacuating waste from the toilet. 10 CFR 430.2. ASME
A112.19.2-2018, however, uses the term ``electro-hydraulic water
closet,'' defined as a water closet with a non-mechanical trap seal
incorporating an electric motor and controller to facilitate flushing.
Both definitions include an electric motor as a mechanism to remove
waste. However, in the August 2019 RFI, DOE tentatively concluded that
the scope of the term ``electromechanical hydraulic toilet'' is broader
because it also includes other electrically operated devices. 84 FR
37972.
In the August 2019 RFI, DOE requested comment on whether the terms
``electromechanical hydraulic toilet'' and ``electro-hydraulic water
closet'' are understood to include the same products, and any potential
impact, including to testing burden, of adopting the term ``electro-
hydraulic water closet'' and the corresponding definition in ASME
A112.19.2-2018, as compared to maintaining the current DOE term
``electromechanical hydraulic toilet'' and its definition in 10 CFR
430.2. In response to the August 2019 RFI, PMI recommended that DOE
adopt the term ``electro-hydraulic water closet'' as defined in the
latest industry standard and to remove its current term
``electromechanical water closet.'' (PMI, No. 3 at p. 2) PMI stated
that the terms ``electro-hydraulic water closet'' and
``electromechanical hydraulic toilet'' are understood throughout the
industry to include the same products. Id. The CA IOUs recommended
keeping the current term and definition and stated that the ASME
definition for ``electro-hydraulic water closet'' is narrower in scope
than the current DOE definition for ``electromechanical water closet.''
(CA IOUs, No. 4 at p. 3)
DOE continues to view the current regulatory term
``electromechanical hydraulic toilet'' as broader in scope than ASME's
``electro-hydraulic water closet'' because it includes water closets
that use electrically operated devices in addition to electric motors
(e.g., air compressors, pumps, solenoids, motors or macerators). In
this NOPR, DOE is not proposing to change the scope of the water closet
test procedure. As such, DOE is not proposing to amend the definition
of ``electromechanical hydraulic toilet'' at 10 CFR 430.2 other than by
replacing the term ``toilet'' with ``water closet,'' as discussed in
section III.C.1 of this document.
DOE requests comment on the proposal to replace the term
``electromechanical hydraulic toilet'' with ``electromechanical
hydraulic water closet,'' while retaining the existing regulatory
definition of ``electromechanical hydraulic toilet.''
3. Blowout Toilet Versus Blowout Bowl
DOE regulations use the statutory term ``blowout toilet'' (42
U.S.C. 6295(k)(1)(A)) as the name of a product class subject to water
standards at 10 CFR 430.32(q). DOE defines this term at 10 CFR 430.2.
DOE also uses the undefined terms ``blowout bowl'' and ``blowout water
closets'' in section 3.a.ii of Appendix T. ASME A112.19.2-2018, on the
contrary, defines the term ``blowout bowl'' and does not define the
term ``blowout toilet.'' Although DOE's definition of ``blowout
toilet'' and ASME's definition of ``blowout bowl'' are not identical,
they are similar, as illustrated in Table III-1. DOE's definition of
``blowout toilet'' refers to the entire product, using the phrase
``water closet that uses a non-siphonic bowl,'' whereas ASME's
definition of ``blowout bowl'' refers specifically to the bowl portion
of the product, using the phrase ``a non-siphonic water closet bowl.''
Within ASME A112.19.2-2018, the term ``blowout bowl'' is used in some
instances to refer specifically to the type of bowl (e.g., in contrast
to a ``siphonic bowl'' or ``washdown bowl''), and in other instances to
refer to the entire water closet (e.g. in contrast to a ``flushometer
valve water closet'').
In the August 2019 RFI, DOE tentatively concluded that the terms
``blowout toilet'' and ``blowout bowl'' are synonymous and requested
comment on this conclusion. 84 FR 37970, 37972. DOE also requested
comment about any potential impact, including to testing burden, of
adopting the term ``blowout bowl'' and the corresponding definition in
ASME A112.19.2-2018, as compared to maintaining the current DOE term
``blowout toilet'' and its definition in 10 CFR 430.2. In response to
the August 2019 RFI, PMI and the CA IOUs both agreed with DOE's
preliminary conclusions and suggested that DOE should update the term
``blowout toilet'' to ``blowout bowl'' and define it per the latest
ASME standard. (PMI, No. 3 at p. 2; CA IOUs, No. 4 at p. 3).
As discussed previously, in this NOPR DOE further clarifies that
``blowout toilet'' refers to the entire water closet, whereas ASME's
definition of ``blowout bowl'' refers specifically to the bowl portion
of the product only. Therefore, DOE is not proposing to update the
defined term ``blowout toilet'' in 10 CFR 430.2 with ``blowout bowl'';
rather, DOE is proposing to replace every instance of ``blowout
toilet'' with ``blowout bowl water closet'' and to use the definition
for ``blowout bowl'' provided in ASME A112.19.2-2018 (``water closet''
is already defined in 10 CFR 430.2) to harmonize its regulations with
the industry accepted definition. In addition, DOE proposes to replace
all instances of ``blowout water closet'' in Appendix T and 10 CFR
430.32(q) with ``blowout bowl water closets'' to be consistent with the
proposed updates.
DOE requests comment on the proposal to replace all instances of
``blowout toilet'' and ``blowout water closet'' in Appendix T and 10
CFR 430.32(q) with ``blowout bowl water closets.''
In addition, the proposed definition from ASME A112.19.2-2018 for
``blowout bowl'' includes the term ``blowout action,'' which is also
defined in ASME A112.19.2-2018. ASME A112.19.2-2018 defines blowout
action as ``a means of flushing a water closet whereby a jet of water
directed at the bowl outlet opening pushes the bowl contents into the
upleg, over the weir, and into the gravity drainage system''. To ensure
a consistent understanding of the term ``blowout action'' DOE also
proposes to define in the Federal test procedure the term ``blowout
action'' as it is defined in ASME A112.19.2-2018.
DOE requests comment on the proposal to adopt the term ``blowout
action'' and its corresponding definition from ASME A112.19.2-2018.
4. Gravity Flush Tank Water Closet
Appendix T uses the term ``gravity flush tank water closet,'' which
is not defined in 10 CFR 430.2. However, ASME A112.19.2-2018 defines
this term, as shown in Table III-1of this NOPR. In the August 2019 RFI,
DOE requested comment on whether this definition is consistent with how
industry has understood and applied the term under DOE regulations, and
whether there would be any potential impact to testing burden in
adopting the
[[Page 27287]]
definition to this term. 84 FR 37970 at 37972.
In response to the August 2019 RFI, PMI and the CA IOUs both agreed
that the definition from ASME A112.19.2-2018 is consistent with how the
industry understands and applies the term, and therefore DOE should
adopt the definition. (PMI, No. 3 at p. 2; CA IOUs, No. 4 at pp. 3-4)
In addition, amongst all responses to the August 2019 RFI, no
stakeholders commented on the potential test burden of adopting the
term as defined in ASME A112.19.2-2018. Therefore, because the industry
already applies the definition from ASME A112.19.2-2018, DOE is
proposing in this NOPR to adopt the same definition, and add it to 10
CFR 430.2. Furthermore, DOE proposes to replace ``gravity tank-type
toilets'' with ``gravity flush tank water closets'' in 10 CFR
430.32(q).
DOE requests comment on its proposal to adopt the definitions from
ASME A112.19.2-2018 for the term ``gravity flush tank water closet''.
DOE requests comment on the proposal to replace the term ``gravity
tank-type toilets'' with ``gravity flush tank water closets'' in its
regulations.
5. Siphonic Bowl and Siphonic Action
Similar to ``gravity flush tank water closet,'' the term ``siphonic
bowl'' is also not defined in 10 CFR 430.2, but is defined in ASME
A112.19.2-2018. PMI and the CA IOUs commented that the definition from
ASME A112.19.2-2018 is consistent with how the industry understands and
applies the terms, and therefore DOE should adopt these definitions.
(PMI, No. 3 at p. 2; CA IOUs, No. 4 at pp. 3-4) Because the industry
already applies the definition from ASME A112.19.2-2018, DOE is
proposing in this NOPR to adopt the same definition, and add it to 10
CFR 430.2. Furthermore, DOE proposes to replace ``siphonic water
closets'' with ``siphonic bowl water closets'' in Appendix T to be
consistent with the proposed updates.
DOE requests comment on its proposal to adopt the definition from
ASME A112.19.2-2018 for the term ``siphonic bowl.''
DOE requests comment on the proposal to replace the term ``siphonic
water closets'' with ``siphonic bowl water closets'' in its
regulations.
In addition, the proposed definition from ASME A112.19.2-2018 for
``siphonic bowl'' includes the term ``siphonic action,'' which is also
defined in ASME A112.19.2-2018. ASME A112.19.2-2018 defines siphonic
action as ``the movement of water through a flushing fixture by
creating a siphon to remove waste material.'' To keep consistent with
the industry standard and to clarify the same term for the water closet
test procedure, DOE also proposes to adopt the term ``siphonic action''
and its corresponding definition in ASME A112.19.2-2018.
DOE requests comment on the proposal to adopt the term ``siphonic
action'' and its corresponding definition from ASME A112.19.2-2018.
6. Trough-Type Urinals
DOE prescribes maximum water use standards for ``trough-type''
urinals at 10 CFR 430.32(r); however, the term ``trough-type'' is not
defined. ASME A112.19.2-2018 likewise does not define the term
``trough-type'' as it applies to urinals. In the August 2019 RFI, DOE
requested comment on how to define the term ``trough-type urinal,'' and
whether there is an industry definition for this term. 84 FR 37972.
In response, the CA IOUs suggested defining trough-type urinal as
``a urinal designed for simultaneous use by two or more persons.'' (CA
IOUs, No. 4 at p. 4). The CA IOUs stated that this definition provided
in a July 2013 publication from the CA IOUs titled ``Codes and
Standards Enhancement (``CASE'') Report,'' \12\ which addresses water
efficiency opportunities for water closets and urinals through
development of new and updated California Appliance Efficiency
Regulations.
---------------------------------------------------------------------------
\12\ California Code of Regulations--Title 20. Public Utilities
and Energy. Docket 12-AAER-2C; Analysis of Standards Proposal for
Toilets and Urinals Water Efficiency. 2013.
---------------------------------------------------------------------------
The definition suggested by the CA IOUs is the same as the
definition for ``trough-type'' urinal found in section 1602(i) of the
California Title 20 Appliance Efficiency Regulations and provides that
a trough-type urinal is a ``a urinal designed for simultaneous use by
two or more people.'' \13\ PMI stated that it had no comment on
defining ``trough-type'' urinal, stating that none of its members
manufactured this product. (PMI, No. 3 at p. 2) DOE did not receive any
other comments regarding the appropriate definition for trough-type
urinals.
---------------------------------------------------------------------------
\13\ The California regulations are available at https://ww2.energy.ca.gov/2019publications/CEC-140-2019-002/CEC-140-2019-002.pdf.
---------------------------------------------------------------------------
DOE tentatively concludes that industry is familiar with the
definition of ``trough-type'' in the California regulations, and that
the definition accurately describes the products at issue. Accordingly,
DOE is proposing to use the definition found in California's
regulations ``trough-type'' urinals.
DOE requests comment on the proposal to define the term ``trough-
type urinal'' as ``a urinal designed for simultaneous use by two or
more people.'' DOE specifically requests comment on whether the
proposed definition would include products not currently understood to
be trough-type urinals, or whether it would exclude products currently
understood to be trough-type urinals. In addition, DOE requests
comments on whether any physical characteristics or features
differentiate trough-type urinals from other urinals.
D. Metric
Appendix T requires that the water consumption of water closets and
urinals be determined using the flush volume in gallons per flush
(``gpf'') or liters per flush (``Lpf'').
The CA IOUs commented that, in addition to water consumption, DOE
should strongly consider flush performance. (CA IOUs, No. 4 at pp. 2-3)
Specifically, they stated the water savings from toilets with low gpf
rating would not be realized if more than one flush were required to
effectively eliminate solid waste; therefore, as toilets become more
efficient, it is important to maintain flush performance utility. Id.
While ASME A112.19.2-2018 includes tests to evaluate the performance of
the toilet (i.e., how effectively it eliminates waste), the CA IOUs
commented that industry stakeholders have expressed concern that these
performance tests are not sufficient. Id. The CA IOUs also noted that
there are voluntary test procedures to confirm flush performance, as
determined through research for the CA IOU CASE Report, and that
``Maximum Performance (``MaP'') Testing: Toilet Fixture Performance
Testing Protocol: Version 5--March 2013'' (``MaP Testing'') is the most
popular performance testing method in the industry. Id. The CA IOUs
commented that MaP Testing classifies how well a toilet moves waste,
and is widely accepted by toilet stakeholders including manufacturers,
water utilities and standard-setting entities. Id. The CA IOUs
recommended that DOE consider evaluating the appropriateness of these
flush performance metrics for evaluating performance in these plumbing
applications. Id. at p. 3.
EPCA requires that any test procedures prescribed or amended be
reasonably designed to produce test results which measure energy
efficiency, energy use, water use, or estimated annual operating cost
of a covered product during a representative
[[Page 27288]]
average use cycle or period of use and not be unduly burdensome to
conduct. (42 U.S.C. 6293(b)(3)) Accordingly, DOE's test procedure for
water closets is designed to measure water use. Any quality- or
performance-based measures, such as the ability of a water closet to
eliminate solid waste, are outside the scope of EPCA's requirements for
DOE test procedure.
Outside the context of a test procedure rulemaking, EPCA does
direct DOE to consider potential impacts to product utility,
specifically when evaluating new and amended standards. (42 U.S.C.
6295(o)(2)(B)(i)(IV)) In evaluating design options and the impact of
potential standard levels in the context of an energy conservation
standard rulemaking, DOE evaluates potential standards that would not
lessen the utility or performance of the considered products. Id.
However, this analysis is beyond the scope of this NOPR.
E. Averaging Water Consumption Across Various Test Pressures
Appendix T requires water closets and urinals to be tested at
various test pressures, as specified in Table III-2. Appendix T also
requires that a test be performed three times at each required
pressure. The final measured flush volume for each tested unit is the
average of the total flush volumes recorded at all test pressures.
Table III-2--Required Test Pressures in Appendix T
------------------------------------------------------------------------
Test
pressures
Product configuration (pounds per
square inch
(``psi''))
------------------------------------------------------------------------
Flushometer valve water closets with siphonic bowl......... 35, 80
Flushometer valve water closets with a blowout bowl........ 45, 80
Tank-type water closets.................................... 20, 50, 80
Urinals.................................................... 25, 80
------------------------------------------------------------------------
NRDC and ASAP commented that the averaging of results from the
specified test pressures to determine the water consumption of a water
closet or urinal is not representative of product performance in the
real world. (NRDC and ASAP, No. 5 at p. 3) These commenters stated that
while water pressure may vary substantially across a utility service
area, the water pressure at which a single water closet operates would
have an expected variation in the 5 to 10 psi range. Id. NRDC and ASAP
stated that averaging under the DOE test procedure produces a composite
result similar to that obtained at a mid-range test pressure.
Additionally, citing an analysis of water pressure data from
California, they stated the actual system pressures are more likely to
be closer to the higher end of the pressure range rather than the lower
end. Id. Accordingly, NRDC and ASAP recommended that, for both water
closets and urinals, DOE require that the average of flush volumes at
each test pressure not exceed the maximum flow rate requirement, rather
than the average flush volume across all test pressures, and that the
reported value be the highest of the averages. (NRDC and ASAP, No. 5 at
pp. 3-4) NRDC and ASAP asserted that these recommended changes simply
represent a revision to the calculation of reported test data and would
not require additional testing or test apparatus, and thus would not
increase the testing burden on manufacturers. Id.
As stated, EPCA requires that the test procedures for water closets
and urinals be reasonably designed to produce test results which
reflect water use during a representative average use cycle. (42 U.S.C.
6293(b)(3)) Water pressure can vary based on the site of installation
of a water closet or urinal. Reflecting a range of water pressures in
the calculated and reported flush volume provides an average
representation. A flush volume reflecting a single water pressure would
be less representative of the flush volumes of water closets and
urinals installed at locations that do not experience that same water
pressure.
Moreover, the analysis cited by NRDC and ASAP regarding water
pressures experienced across water systems is specific to California
and, as such, may not be representative nationally. In a separate
proceeding involving clothes washers, the California Energy Commission
(``CEC'') presented several differences in California's water systems
relative to the rest of the nation.\14\ Specifically, CEC noted that
``California's water supply situation is unique in scope and scale
compared to other states'' (Docket No. EERE-2006-STD-0124-0010, CEC,
No.1 at p. 11) As such, an analysis of water pressure in California may
not be representative of water pressure nationally. DOE is not aware of
available national-level data on water pressure levels in residential
dwellings.
---------------------------------------------------------------------------
\14\ U.S. Department of Energy--Office of Energy Efficiency and
Renewable Energy. Petition to Exempt from Preemption California's
Water Efficiency Standards for Residential Clothes Washers. 2005.
(Last accessed December 13, 2019.) The September 2005 material from
this website is available in Docket #EERE-2006-STD-0124-0010 at
www.regulations.gov.
---------------------------------------------------------------------------
The requirement in Appendix T to average the total flush volumes
recorded at all test pressures is consistent with ASME A112.19.2-2018,
which is an industry consensus standard. The ASME industry-consensus
process includes input from a wide variety of national stakeholders.
For all the reasons DOE discussed in this section, DOE is not proposing
changes to the water pressure and averaging requirements in Appendix T.
DOE requests comment on whether the current test method of
averaging of results from the different test pressures to determine the
water use of a water closet or urinal is representative of an average
use cycle or period of use, and is not unduly burdensome to conduct.
DOE requests comment and data regarding water pressures at product
installation sites, and information on how water pressures vary in
different locations across the nation.
DOE also proposes to remove the static pressure requirements for
flushometer valve water closets (with a siphonic bowl and blowout bowl)
in section 3.a.ii. of Appendix T, and instead reference the static
pressure requirement provided in Table 5 of ASME A112.19.2-2018. As
discussed in the October 2013 Final Rule, stakeholders commented that
ASME A112.19.2-2008 (the version of the standard currently incorporated
by reference in Appendix T) published incorrect static pressure
requirements for flushometer valve water closets and that the industry
standard committee would be addressing this error in the subsequent
version of the standard. 78 FR 62970, 62977. DOE specified the correct
static pressures as part of the regulatory text in Appendix T in the
October 2013 final rule. 78 FR 62970, 62977 In this NOPR, DOE is
proposing to incorporate by reference ASME A112.19.2-2018, which
includes the correct static pressure requirements. These static
pressure requirements mirror the static pressure requirements currently
specified in Appendix T.
DOE requests comment on removing the static pressure requirements
in Appendix T section 3.a.ii. and instead referencing the static
pressure requirement provided in Table 5 of ASME A112.19.2-2018.
Finally, in section 3.b of Appendix T, DOE proposes to replace the
reference to section 8.6.4 of ASME A112.19.2-2008 with Table 6 of ASME
A112.19.2-2018. Section 8.6.4 in ASME A112.19.2-2008 is referenced to
specify the test pressures required for testing. Section 8.6.4 of ASME
A112.19.2-2008 (and the
[[Page 27289]]
2018 version) in turn references Table 6 of the ASME standard, which
provides the required test pressures. Section 8.6.4 of ASME A112.19.2-
2008 (and the 2018 version) also provides performance specifications
that are not relevant for the purpose of meeting DOE water use
standards in 10 CFR 430.32(r). Accordingly, DOE proposes to reference
Table 6 directly for the purpose of specifying the required test
pressures.
DOE requests comment on replacing the static pressure requirements
in Appendix T section 3.b from section 8.6.4 of ASME A112.19.2-2008
with Table 6 of ASME A112.19.2-2018.
F. Additional Directions Regarding Recorded & Calculated Values
Appendix T provides direction regarding the resolution of the
recorded values; rounding of recorded and calculated values; and test
set-up as it relates to manufacturer installation instructions. In the
August 2019 RFI, DOE requested comment on whether these directions are
necessary to ensure that the test procedures are reasonably designed to
measure the water use of water closets and urinals during a
representative average use cycle or period of use. 84 FR 37973.
In response, PMI suggested, without elaboration, that DOE should
remove the additional directions beyond the ASME standard in Appendix T
as they are no longer necessary. (PMI, No. 3 at p. 3) NRDC and ASAP
commented that the additional directions to the version currently
incorporated by reference in Appendix T, ASME A112.19.2-2008, are
necessary because the industry standard has several weaknesses that
subsequent revisions of the voluntary industry standard have failed to
remedy. (NRDC and ASAP, No. 5 at p. 1)
Having considered these comments, DOE is not proposing to eliminate
the additional directions in Appendix T. As noted, PMI did not provide
any explanation as to why the additional directions are no longer
necessary, and did not indicate that these additional instructions are
the cause of any burden to manufacturers. As discussed, the additional
directions include consistent resolution of the recorded values;
rounding of calculated values; and test set-up as it relates to
manufacturer installation instructions, which are not specified in ASME
A112.19.2-2018, but are needed for compliance purposes.
Section 2 of Appendix T specifies that any measurements shall be
recorded at the resolution of the test apparatus, and calculations of
water consumption (i.e., flush volume) are consistently rounded to the
same number of significant digits as the previous step. While sections
7.3.2 and 8.6.1 of ASME A112.19.2-2018 specify the resolutions of the
test apparatus to be used, sections 7.3.3 and 8.6.2 of ASME A112.19.2-
2018 do not specify the resolution of recorded measurements. Instead,
sections 7.3.3 and 8.6.2 of ASME A112.19.2-2018 specify only how the
total calculated flush volume must be rounded, which is consistent with
the resolution of the test apparatus. Accordingly, section 2 of
Appendix T provides further detail for resolution and rounding
requirements, which is consistent with ASME A112.19.2-2018.
Section 3.a.iii. of Appendix T provides further specifications on
water level and trim setting for cases in which the manufacturer has
provided no instructions regarding such settings. Otherwise, the same
section requires that flush volume and tank trim component adjustments
shall be set in accordance with the printed instructions supplied by
the manufacturer, consistent with section 7.1.2 of ASME A112.19.2-2018.
In the October 2013 final rule, DOE concluded that the specifications
in ASME A112.19.2-2008 may not be adequate to ensure that manufacturers
test gravity tank water closets at the maximum flush volume. 78 FR
62977. Specifically, DOE concluded that while section 7.1.2 of ASME
A112.19.2-2008 specifies adjustments made to the tank water level and
fill time, it does not specify adjustments made to other trim
components such as (but not limited to) the flapper valve, fill valve
and tank water level, which could be adjusted to increase flush volume.
Id. Accordingly, for those products that do not include printed
installation instructions, Appendix T specifies setting these trim
components to the maximum water use setting so that the maximum flush
volume is produced without causing the water closet to malfunction or
leak. The latest version of the ASME standard, ASME A112.19.2-2018,
does not provide any further specifications on adjusting the trim
components in cases where the manufacturer has provided no instructions
regarding these components. Therefore, the additional specifications
provided by Appendix T are still warranted for testing products without
printed instructions supplied by the manufacturer. For these reasons,
DOE is proposing that the current additional directions provided in
Appendix T be maintained.
NRDC and ASAP also suggested adding other directions to increase
the precision of the measurement and rounding requirements for
measuring flush volume from the 0.07 gallons specified in ASME
112.19.2-2008 and 112.19.2-2018 to 0.01 gallons.\15\ (NRDC and ASAP,
No. 5 at p. 2) (NRDC and ASAP, No. 5 at p. 2) They asserted that
Appendix T results in measurements that are not representative of water
consumption during a representative average usage cycle or period of
use. Id. NRDC and ASAP stated that the current measurement and rounding
requirements allow for models that use up to 0.07 gallons per flush
(``gpf'') in excess of the DOE standard to be certified as meeting the
standard. Id. NRDC and ASAP commented that at the current DOE standard
of 1.6 gpf for water closets, Appendix T allows for a model with an
exceedance of up to 4.4% to be certified and, at the current DOE
standard of 1.0 gpf for urinals, Appendix T allows for an exceedance of
up to 7% to be certified. Id. While NRDC and ASAP noted that DOE
requirements at 10 CFR 429.30(b) and 10 CFR 429.31(b) require
certification reports for water closets and urinals to include the
maximum water use in gallons per flush rounded to the nearest 0.01
gallon, they stated that the current ASME test procedure incorporated
by reference is not adequate to achieve the precision required by the
current certification requirements for water closets. Id. Accordingly,
NRDC and ASAP recommended that DOE add directions for testing water
closet and urinal water consumption to require test equipment
resolution of 0.01 gallon and rounding to the nearest 0.01 gallon. Id.
---------------------------------------------------------------------------
\15\ ASME A112.19.2-2008, section 7.4.2 (``Apparatus''), which
is the version currently incorporated by reference, specifies that
the apparatus for measuring flush volumes of water closets must be
capable of reading increments not exceeding 0.25 liters (0.07
gallons). Section 7.4.3 (``Procedure''), which is incorporated by
reference, specifies that the results of each test run are to be
rounded down to the nearest 0.25 L (0.07 gal). The requirements are
applicable to urinals in section 8.6.1 (``Apparatus'') and 8.6.2
(``Procedure''). The same requirements are also found in the latest
version of the ASME standard, ASME A112.19.2-2018. Appendix T
requires recording measurements at the resolution of the test
instrumentation and rounding calculations of water consumption for
each tested unit to that same number of significant digits. Section
2(a) and (b) of Appendix T.
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In the context of rounding resolution, ASME A112.19.2-2018 provides
resolution requirements that are incorporated by reference in Appendix
T. The rounding resolution for flush volume is derived from the
resolution specification in ASME A112.19.2-2018 for the apparatus used
to measure flush volume. ASME A112.19.2-2018 specifies that the
receiving vessel, load cell, or other apparatus used to measure flush
volume be capable of measuring volumes to within 0.25 L (0.07 gal). See
sections 7.3.2 and 8.6.1 of ASME A112.19.2-2018 for water closets and
[[Page 27290]]
urinals, respectively. Therefore, the ASME A112.19.2-2018 rounding
resolution reflects the resolution specifications of the equipment
required for use in the test procedure.
Further, section 7.3.3 and 8.6.2 of ASME A112.19.2-2018 requires
that the tests be repeated three times at each of the test pressures.
The final measured flush volume for each tested unit is the average of
the total flush volumes recorded at each test pressure. In addition,
DOE sampling requirements for represented values of water consumption
requires that the minimum number of units tested shall be no less than
two. See 10 CFR 429.30 and 10 CFR 429.31. Although ASME A112.19.2-2018
specifies measuring flush volume with a vessel, load cell, or apparatus
capable of measuring volumes to within 0.25 L (0.07 gal), in all
likelihood the repetition of the test and the sampling requirements
would average together a range of variations around the nominal
measurement; therefore, any variation in the final reported value
(resulting from the specified apparatus resolution) is likely to be
less than the maximum theoretical level of variation indicated by the
commenters.
DOE expects that changes in equipment resolution and rounding
requirements could require currently certified water closets and
urinals to be retested and recertified. Currently, DOE has no
indication that manufacturers are using the ASME A112.19.2-2018
instrument resolution and rounding requirements as a means for
exceeding the DOE standard. Further, the benefits from improved
resolution would be uncertain given the testing and sampling
requirements discussed, but could create additional manufacturer
burden. For these reasons, DOE is proposing to maintain the current
specifications in Appendix T regarding measurement and rounding
specifications.
DOE requests comment on maintaining the current instrument
resolution specifications. DOE also requests comment on whether it
should specify implementing an instrument resolution of 0.01 to match
the DOE reporting requirements, and the associated testing or reporting
burden associated with such a change.
DOE requests comment on the level of precision used by industry and
test laboratories for measuring and rounding when performing tests for
water consumption. Specifically, DOE requests comment on whether the
apparatus used for testing generally has a resolution of 0.25 L (0.07
gal) or whether the resolution is more precise.
G. Sampling
In the August 2019 RFI, DOE requested comment on measures that,
consistent with EPCA, could be taken to lower the cost of its
regulations that apply to water closets and urinals. 84 FR 37972. In
response, PMI recommended removing the sample size requirement and
instead, calculating the represented value based on only one sample, in
line with the ASME standard. (PMI, No. 3 at p. 2) PMI acknowledged
that, while there are reasons for testing more than one sample, the
cost of compliance could be lowered by reducing sample size. Id.
The sampling provisions for water closets in 10 CFR 429.11 and 10
CFR 429.30 require testing at least two units. As PMI acknowledged,
there are reasons for testing more than one sample. Relying on a sample
size of at least two units is important to account for manufacturing
variability and test uncertainty. Testing a minimum of two units and
the associated statistics provide a sampling that is more
representative of the total population of units than testing of only a
single unit. For this reason, DOE is proposing to retain the minimum
sample size of two units.
H. 10 CFR 430.23 Nomenclature
10 CFR 430.23(u) and (v) provide the test procedures for the
measurement of water consumption for water closets and urinals,
respectively. 10 CFR 430.23(u) requires that ``the maximum permissible
water use allowed for water closets, expressed in gallons and liters
per flush (gpf and Lpf), shall be measured in accordance to section
3(a) of appendix T of this subpart.'' Similarly, 10 CFR 430.23(v)
requires that ``the maximum permissible water use allowed for urinals,
expressed in gallons and liters per flush (gpf and Lpf), shall be
measured in accordance to section 3(b) of appendix T of this subpart.''
The language ``maximum permissible water use'' in the aforementioned
sections is incorrect, as the test procedures measure water use, and
the term ``maximum permissible water use'' is instead descriptive of a
water conservation standard. As such, DOE is proposing to replace the
language ``the maximum permissible water use allowed'' in 10 CFR
430.23(u) and 10 CFR 430.23(v) with ``the water use''. This amendment
would clarify that the DOE test procedures measure water use, whereas
the standards in 10 CFR 430.32(q) and (r) establish the maximum
allowable water use for water closets and urinals, respectively.
DOE requests comment on the proposed updates for water closets and
urinals to replace ``maximum permissible water use allowed'' with
``water use'' in 10 CFR 430.23(u) and (v), respectively.
I. Dual-Flush Water Closets
The CA IOUs recommended that DOE consider the differences between
single- and dual-flush water closets, and that DOE further research and
differentiate between water closet classes. (CA IOUs, No. 4 at p. 2)
The CA IOUs stated that the CA IOU CASE Report indicated insufficient
data on dual-flush water closet usage patterns in real buildings to
justify or verify what the CA IOUs described as a 2:1 flush ratio in
the current water closet test procedure. The CA IOUs recommended that
DOE consider an approach that takes the sum of the flush volumes from
both flushes in the dual-flush, also known as the full-volume flush,
into account. Id.
A dual-flush water closet is defined as a water closet
incorporating a feature that allows the user to flush the water closet
with either a reduced or a full volume of water. 10 CFR 430.2. The
Federal test procedure does not include a 2:1 full-volume to reduced-
volume flush ratio to determine a representative flush volume for dual-
flush water closets, or average flush volume for dual flush water
closets. Rather, section 3.a of Appendix T requires measuring the water
flush volume for dual flush water closets separately for the full-flush
and reduced-flush modes in accordance with section 7.4 of ASME
A112.19.2-2008, but does not provide a method for averaging the results
from testing the two modes. Because the water use standards in 10 CFR
430.32(q) are based on maximum allowable water use, certification
reports and compliance with standards are based on the flush volume
obtained from testing the full-flush mode. 10 CFR 429.30(b)(2).
In the October 2013 final rule, DOE determined that it did not have
sufficient evidence on which to base a test procedure for
representative average water use for dual-flush water closets (i.e.,
representative water use reflecting an average of the full and reduced
flush modes). 78 FR 62970, 62976. Furthermore, DOE stated that it was
not establishing either a separate standard or separate certification
requirements for the full-flush and reduced-flush modes for dual-flush
water closets. Id. DOE does not have information or data that would
suggest a different determination is warranted.
In the October 2013 final rule, DOE also emphasized that
manufacturers, distributors, retailers, and private
[[Page 27291]]
labelers are not permitted to make any representations of water use for
dual-flush water closets other than the maximum flush volume (e.g.,
average representative water use reflecting an average of the full and
reduced flush modes) because DOE did not adopt a test procedure to
calculate average representative water use for dual-flush water
closets. Id. Under 42 U.S.C. 6293(c)(1) and (2), no manufacturer,
distributor, retailer, or private labeler may make any representation
with respect to the water use of a water closet unless that
representation is based on testing conducted in accordance with the
relevant DOE test procedures. Id.
The Environmental Protection Agency (``EPA'') WaterSense program
\16\ has a specification for measuring the flush volume of dual-flush
water closets and uses a weighted average of the full and reduced flush
volumes for residential toilets. In the October 2013 final rule, DOE
stated that parties may state that a dual-flush water closet complies
with the requirements of EPA's WaterSense program, either in writing or
through use of the appropriate WaterSense label, as long as such
representations are made in accordance with EPA specifications and such
representations do not include a specific value of average
representative water use. 78 FR 62970, 62976.
---------------------------------------------------------------------------
\16\ WaterSense is a voluntary partnership program administered
by the EPA that, among other activities, promotes water conservation
by providing certification and labeling for water consuming
products, including water closets, that meet certain water
conservation limits beyond the mandatory standards DOE implements.
---------------------------------------------------------------------------
J. Additional Comments
DOE also received comments related to standards for dual-flush
water closets and installation of generic replacement flapper valves.
As explained below, both topics are beyond the scope of this test
procedure rulemaking.
The CA IOUs recommended amending the standard for dual-flush
toilets to a maximum of 1.28 gpf for the full-volume flush. (CA IOUs,
No. 4 at p. 2) As stated, DOE is issuing this NOPR as part of its
obligation to review test procedures for these products. This follows
EPCA's direction that if the requirements of ASME A112.19.6-1990 are
revised at any time and approved by ANSI, DOE must amend the Federal
test procedures to conform to the revised ASME/ANSI requirements,
unless DOE determines by rule that to do so would not meet the
statutory requirements for test procedures. (42 U.S.C. 6293(b)(8)(B))
Additionally, this NOPR addresses the periodic review of test
procedures required by EPCA. (42 U.S.C. 6293(b)(1)) The maximum water
use standards for water closets are not part of the test procedure and
are therefore outside the scope of this rulemaking.
Reaves commented that current test procedure for toilets do not
consider the full life cycle of the products being tested and
unintentionally result in a significantly inflated measured water
savings. (Reaves, No. 6 at p. 1) Reaves stated that installation of
generic replacement flapper valves after initial installation often
eliminates most of the estimated and expected lifetime water savings.
Id. Reaves recommended that the test procedure consider the toilet
flush volume specification with readily available market replacement
parts expected to be used upon flapper valve replacement to achieve the
water savings promised by standards. Id.
DOE's energy conservation standards and test procedures apply to
new water closets. (42 U.S.C. 6302(a)(5)); see also, 78 FR 62977
(October 23, 2013). As such, the DOE test procedure for water closets
addresses the product as manufactured, not as it may subsequently be
modified by the consumer. As a result, consideration of replacement
flapper valves is outside the scope of this rulemaking.
K. Smart and Connected Technologies
The August 2019 RFI sought comments, data and information on the
issues related to the emerging smart technology market as they may
apply to water closets and urinals. 84 FR 37973. The August 2019 RFI
referenced a separate RFI on the emerging smart technology appliance
and equipment market, in which DOE requested information to better
understand related market trends and other issues to ensure that DOE
did not inadvertently impede innovation while fulfilling its statutory
obligations. 83 FR 46886 (Sept. 17, 2018; ``September 2018 RFI'').
In response to the August 2019 RFI, the CA IOUs commented that
emerging technologies and smart technologies are applicable to water
closets and urinals and should be considered in this and future test
procedures. (CA IOUs, No. 4 at p. 3) The CA IOUs stated that sensor
technology has improved significantly and there is more widespread
adoption of electronic, hands free flushing operations. Id. They also
stated that there have been developments in sensor technology that
allow for more reliable testing of water level. Id) The CA IOUs
recommended further evaluation of this and other sensors including
ultrasonic, mechanical vibration-based approaches, and radio-frequency
identification (``RFID'') readers. Id.
As stated in the September 2018 RFI, DOE recognizes that
manufacturers are developing ``connected'' products, allowing for
options such as remote control access, automatic supply replenishment,
and intelligent energy consumption. 83 FR 46887. DOE is seeking to
avoid inhibiting the market for ``smart'' products through its
standards and test procedure development process. Id. Appendix T
measures the flush volume of a single flush, and does not measure water
levels in water closets or overflow. Under Appendix T, the procedures
for measuring flush volume of water closets and urinals do not
distinguish between flushing mechanisms activated manually as compared
to those activated by sensor; therefore, the procedures would not
impede the use of sensors. The CA IOUs did not indicate that the
technologies it referenced are impeded by either the DOE test procedure
or compliance with the maximum water use standard. DOE will continue to
evaluate advances in sensors and smart technology, including any
efforts to address these issues by industry.
L. Replacing ``Instrumentation'' With ``Apparatus'' in Appendix T
In section 2 of Appendix T, DOE references the term
``instrumentation,'' several times. However, the term
``instrumentation'' is not used in the industry standard; rather, the
synonymous term ``apparatus'' is used. ``Apparatus'' is also used
throughout Appendix T, in addition to ``instrumentation.'' Therefore,
to maintain consistency with the nomenclature used in ASME A112.19.2-
2018, DOE is proposing to replace the term ``instrumentation'' with
``apparatus'' in Appendix T.
DOE requests comment on the proposal to replace the term
``instrumentation'' with ``apparatus.''
M. Test Procedure Costs, Harmonization, and Other Topics
1. Test Procedure Costs and Impact
EPCA requires that test procedures proposed by DOE not be unduly
burdensome to conduct. 42 U.S.C. 6314(a)(2). In this NOPR, DOE is
proposing to amend the existing test procedures for water closets and
urinals by incorporating by reference the most recent version of the
referenced industry standard, ASME A112.19.2-2018; updating the term
``blowout toilet'' to ``blowout bowl;'' and adding definitions for the
terms ``gravity flush tank water closet,'' ``siphonic action,''
``siphonic bowl,'' and ``trough-type urinal,'' which
[[Page 27292]]
are currently used in Appendix T, but not defined. DOE has tentatively
determined that these proposed amendments would not be unduly
burdensome for manufacturers.
Further discussion of the cost impacts of the proposed test
procedure amendments are presented in the following sections.
(a) Updating to Current Industry Standards
DOE proposes to amend the existing test procedures for water
closets and urinals by incorporating by reference the most recent
version of the referenced industry standard, ASME A112.19.2-2018. As
discussed, DOE's review of the 2018 version compared with the 2008
version, identified the following two updates to sections relevant to
the Federal test procedure include: (1) Editorial changes and
clarifications; and (2) a correction in section 8.2.1 to the water
consumption static test pressure value for urinals to reflect the
corresponding value in Table 6. DOE has tentatively determined that the
amendments in ASME A112.19.2-2018 would not impact (1) the measured
values of water use for water closets and urinals under Appendix T, (2)
the representativeness of the results, or (3) the test burden. In
addition, incorporation of ASME A112.19.2-2018 would harmonize DOE's
test procedures with current industry practice.
(b) New and Amended Definitions
DOE proposes to update the replace ``blowout toilet'' with
``blowout bowl water closet'' and use the corresponding definition in
ASME A112.19.2-2018. DOE has tentatively determined that the terms are
understood to include the same products. In addition, incorporation of
``blowout bowl'' per ASME A112.19.2-2018 would harmonize the term and
definition in the DOE's test procedures with current industry practice.
DOE also proposes to add definitions for ``gravity flush tank water
closet,'' ``siphonic bowl'' and ``siphonic action'' as defined in ASME
A112.19.2-2018, and for ``trough-type urinal'' as defined in California
Title 20 Appliance Efficiency Regulations. Each of these aforementioned
terms are used in either Appendix T, 10 CFR 430.2(q), 10 CFR 430.2(r),
or within another definition; however, none of these terms is currently
defined in 10 CFR 430.2. DOE has tentatively determined that the
proposed definitions would harmonize the DOE's test procedures with
current industry practice.
(c) Costs and Impacts
Based on these tentative conclusions, none of the proposed
amendments to Appendix T and the associated definitions would require
manufacturers to test water closets and urinals that are not already
required to be tested). Additionally, none of the proposed amendments
would require manufacturers to re-test or re-certify any existing
models on the market that have already been tested using Appendix T and
properly certified. Therefore, were DOE to adopt these proposed test
procedure amendments, water closet and urinal manufacturers would not
incur any additional costs.
DOE requests comment on its understanding that there will be no
impact or costs to water closet and urinal manufacturers under the
proposed amendments.
2. Harmonization With Industry Standards
The test procedures for water closets and urinals at Appendix T
incorporate by reference ASME A112.19.2-2008, relying on certain
provisions of that industry standard. The provisions of the industry
standard referenced in the Federal test procedure provide procedures
for testing and measuring water consumption, specifications for test
apparatus, and other general requirements for water closets and
urinals. The industry standard DOE proposes to incorporate by reference
via amendments described in this notice are discussed in further detail
in section IV.M of this document.
DOE requests comment on the benefits and burdens of the proposed
updates and additions to industry standards referenced in the DOE test
procedure for water closets and urinals.
In the August 2019 RFI, DOE requested comment on the benefits and
burdens of, or any other comments regarding, adopting any industry/
voluntary consensus-based or other appropriate test procedure, without
modification. 84 FR 37973. PMI responded by stating that certification
agencies in the U.S. already require manufacturers of water closets and
urinals to certify their products in accordance with the latest version
of ASME A112.19.2-2018; therefore, it is important for DOE to match all
the test procedures outlined in the recent ASME standard (including all
terms, definitions, figures and tables) without modification. (PMI, No.
3 at p. 3) The CA IOUs commented generally that DOE should not adopt
any industry/voluntary consensus-based method without modification
because that risks limiting opportunity for stakeholder participation
in the development and adoption of Federal requirements. (CA IOUs, No.
4 at p. 4) The CA IOUs stated that DOE must ensure transparency and
that incorporated industry test procedures are fully vetted through the
public rulemaking process. Id.
DOE is proposing to amend the test procedures consistent with the
most recent version of the referenced industry standard, ASME
A112.19.2-2018, and through this NOPR is providing an opportunity for
comment on its proposal. As noted, EPCA directs that if the
requirements of ASME A112.19.6-1990 are revised at any time and
approved by ANSI, DOE must amend the test procedures for water closets
and urinals to conform to the revised ASME standard, unless DOE
determines by rule that to do so would not meet the requirements of
EPCA that the test procedures be reasonably designed to produce test
results which measure water use during a representative average use
cycle as determined by DOE, and not be unduly burdensome to conduct.
(42 U.S.C. 6293(b)(8)(B)) As discussed, DOE has proposed maintaining
the additional direction in Appendix T, which DOE previously determined
is necessary to provide for consistent resolution of recorded values,
rounding of recorded and calculated values, and test set-up as it
relates to manufacturer installation instructions.
DOE seeks further comment on the degree to which the DOE should
consider harmonizing Appendix T with the most recent relevant industry
standard for water closets and urinals, and whether there are any
changes to the Federal test method that would produce test results that
provide additional benefits to the public as compared to the current
DOE test procedure or the relevant industry standard. DOE also requests
comment on the benefits and burdens of, or any other comments
regarding, adopting any industry/voluntary consensus-based or other
appropriate test procedure, without modification.
3. Other Test Procedure Topics
In addition to the issues identified earlier in this document, DOE
welcomes comment on any other aspect of the existing test procedure for
water closets and urinals. DOE issued an RFI to seek more information
on whether, as required by EPCA, its test procedures are reasonably
designed, to produce results that measure the energy and water use or
efficiency of products during a representative average use cycle or
period of use. 84 FR 9721 (Mar. 18, 2019). DOE particularly seeks
[[Page 27293]]
comment on this issue as it pertains to the test procedures for water
closets and urinals, as well as information that would help DOE create
procedures that are not unduly burdensome to conduct. Comments
regarding repeatability and reproducibility are also welcome.
N. Compliance Date
EPCA prescribes that, if DOE amends a test procedure, all
representations of energy efficiency and energy use, including those
made on marketing materials and product labels, must be made in
accordance with that amended test procedure, beginning 180 days after
publication of such a test procedure final rule in the Federal
Register. (42 U.S.C. 6293(c)(2)) If DOE were to publish an amended test
procedure, EPCA provides an allowance for individual manufacturers to
petition DOE for an extension of the 180-day period if the manufacturer
may experience undue hardship in meeting the deadline. (42 U.S.C.
6293(c)(3)) To receive such an extension, petitions must be filed with
DOE no later than 60 days before the end of the 180-day period
following publication and must detail how the manufacturer will
experience undue hardship. Id.
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
The Office of Management and Budget (``OMB'') has determined that
this proposed rule is not a significant regulatory action under section
3(f) of Executive Order 12866, Regulatory Planning and Review, 58 FR
51735 (Oct. 4, 1993). Accordingly, this action was not subject to
review under the Executive Order by the Office of Information and
Regulatory Affairs (``OIRA'') in OMB.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (``IRFA'')
for any rule that by law must be proposed for public comment, unless
the agency certifies that the rule, if promulgated, will not have a
significant economic impact on a substantial number of small entities.
As required by Executive Order 13272, ``Proper Consideration of Small
Entities in Agency Rulemaking,'' 67 FR 53461 (Aug. 16, 2002), DOE
published procedures and policies on February 19, 2003, to ensure that
the potential impacts of its rules on small entities are properly
considered during the DOE rulemaking process. 68 FR 7990. DOE has made
its procedures and policies available on the Office of the General
Counsel's website: https://energy.gov/gc/office-general-counsel.
DOE reviewed this proposed rule under the provisions of the
Regulatory Flexibility Act and the procedures and policies published on
February 19, 2003. DOE has tentatively concluded that this proposed
rule will not have a significant impact on a substantial number of
small entities. The factual basis for this determination is as follows:
The Small Business Administration (``SBA'') considers a business
entity to be a small business, if, together with its affiliates, it
employs less than a threshold number of workers or earns less than the
average annual receipts specified in 13 CFR part 121. The threshold
values set forth in these regulations use size standards and codes
established by the North American Industry Classification System
(``NAICS'') that are available at: https://www.sba.gov/document/support--table-size-standards. DOE used three NAICS codes to cover all
potential products for this rulemaking: 327110 (pottery, ceramics, and
plumbing fixture manufacturing); 326191 (plastics plumbing fixture
manufacturing); 332999 (all other miscellaneous fabricated metal
product manufacturing). The threshold for NAICS classification code
327110 (pottery, ceramics, and plumbing fixture manufacturing), which
includes most urinals and water closets covered by this rulemaking, is
1,000 employees or fewer. The threshold for NAICS classification codes
326191 (plastics plumbing fixture manufacturing) and 332999 (all other
miscellaneous fabricated metal product manufacturing) is 750 employees
or fewer. Since NAICS classification code 327110 includes the majority
of water closet and urinal manufacturing and DOE assumes that most, if
not all, water closet and urinal manufacturers make at least some
products covered by that NAICS classification code, DOE used the more
conservative 1,000 employee threshold value for this regulatory
flexibility analysis.
DOE collected data from DOE's compliance certification database
\17\ to identify manufacturers of water closets and urinals. DOE then
consulted publicly-available data and contacted manufacturers, where
needed, to determine if they meet the SBA's definition of a ``small
business'' and have their manufacturing facilities located within the
United States. Based on this analysis, DOE identified 19 small
businesses that manufacture either water closets or urinals covered by
the proposed test procedure.
---------------------------------------------------------------------------
\17\ www.regulations.doe.gov/certification-data (Last accessed
December 12, 2019).
---------------------------------------------------------------------------
As described in section III.L.1 of this document, the amendments
proposed in this test procedure would not increase costs to water
closet or urinal manufacturers, including small businesses. Therefore,
DOE tentatively concludes that the impacts of the test procedure
amendments proposed in this NOPR would not have a ``significant
economic impact on a substantial number of small entities,'' and that
the preparation of an IRFA is not warranted. DOE will transmit the
certification and supporting statement of factual basis to the Chief
Counsel for Advocacy of the Small Business Administration for review
under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of water closets and urinals must certify to DOE that
their products comply with any applicable energy conservation
standards. To certify compliance, manufacturers must first obtain test
data for their products according to the DOE test procedures, including
any amendments adopted for those test procedures. DOE has established
regulations for the certification and recordkeeping requirements for
all covered consumer products and commercial equipment, including water
closets and urinals. See, generally, 10 CFR part 429. The collection-
of-information requirement for the certification and recordkeeping is
subject to review and approval by OMB under the Paperwork Reduction Act
(``PRA''). Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
The collection-of-information requirement for the certification and
recordkeeping requirements for all covered consumer products and
commercial equipment, including water closets and urinals has been
approved by OMB under OMB control number 1910-1400. Public reporting
burden for the certification is estimated to average 35 hours per
response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. This proposed
testing procedures impose no
[[Page 27294]]
new information collection requirements beyond those approved by OMB in
control number 1910-1400.
D. Review Under the National Environmental Policy Act of 1969
In this proposed rule, DOE proposes test procedure amendments that
it expects will be used to develop and implement future energy
conservation standards for water closets and urinals. DOE has
determined that this rule falls into a class of actions that are
categorically excluded from review under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's implementing
regulations at 10 CFR part 1021. Specifically, DOE has determined that
adopting test procedures for measuring energy efficiency of consumer
products and industrial equipment is consistent with activities
identified in 10 CFR part 1021, appendix A to subpart D, A5 and A6.
Accordingly, neither an environmental assessment nor an environmental
impact statement is required.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 1999)
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have Federalism
implications. The Executive Order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive Order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have Federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735. DOE has examined this proposed rule and has
determined that it would 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. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of this proposed rule. States can
petition DOE for exemption from such preemption to the extent, and
based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further
action is required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
Eliminate drafting errors and ambiguity, (2) write regulations to
minimize litigation, (3) provide a clear legal standard for affected
conduct rather than a general standard, and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
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) provides 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 Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
the proposed rule meets the relevant standards of Executive Order
12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a proposed regulatory action likely to result in a rule that may
cause the expenditure by State, local, and Tribal governments, in the
aggregate, or by the private sector of $100 million or more in any one
year (adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at https://energy.gov/gc/office-general-counsel. DOE examined this
proposed rule according to UMRA and its statement of policy and
determined that the rule contains neither an intergovernmental mandate,
nor a mandate that may result in the expenditure of $100 million or
more in any year, so these requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This rule would not have any impact on the autonomy or integrity of the
family as an institution. Accordingly, DOE has concluded that it is not
necessary to prepare a Family Policymaking Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (March 18, 1988), that this regulation would not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has
reviewed this proposed rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
[[Page 27295]]
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any proposed significant energy
action. A ``significant energy action'' is defined as any action by an
agency that promulgated or is expected to lead to promulgation of a
final rule, and that (1) is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use.
The proposed regulatory action to amend the test procedure for
measuring the water use of water closets and urinals is not a
significant regulatory action under Executive Order 12866. Moreover, it
would not have a significant adverse effect on the supply,
distribution, or use of energy, nor has it been designated as a
significant energy action by the Administrator of OIRA. Therefore, it
is not a significant energy action and, accordingly, DOE has not
prepared a Statement of Energy Effects.
L. 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; 42 U.S.C. 7101), DOE 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;
``FEAA'') Section 32 essentially provides in relevant part that, where
a proposed rule authorizes or requires use of commercial standards, the
notice of proposed rulemaking must inform the public of the use and
background of such standards. In addition, section 32(c) requires DOE
to consult with the Attorney General and the Chairman of the Federal
Trade Commission (``FTC'') concerning the impact of the commercial or
industry standards on competition.
The proposed modifications to the test procedure for water closets
and urinals would incorporate testing methods contained in certain
sections of the following commercial standard: ASME A112.19.2-2018. DOE
has evaluated this standard and is unable to conclude whether it fully
complies with the requirements of section 32(b) of the FEAA (i.e.,
whether it was developed in a manner that fully provides for public
participation, comment, and review.) DOE will consult with both the
Attorney General and the Chairman of the FTC concerning the impact of
these test procedures on competition, prior to prescribing a final
rule.
M. Description of Materials Incorporated by Reference
In this NOPR, DOE proposes to incorporate by reference the test
standard jointly published by the American Society of Mechanical
Engineers (``ASME'') and the Canadian Standards Association (``CSA
Group'') titled ASME A112.19.2-2018. ASME A112.19.2-2018 is an
industry-accepted test procedure that measures water consumption for
water closets and urinals, and is applicable to products sold in North
America. The test procedure proposed in this NOPR references various
sections of ASME A112.19.2-2018 that address test setup, apparatus,
test conduct, and calculations. These sections of ASME A112.19.2-2018
are Section 7.1 ``General,'' Section 7.1.1 ``All tests,'' Section 7.1.2
``Gravity flush tank water closets,'' Section 7.1.3 ``Flushometer tank,
electro-hydraulic, or other pressurized flushing device water
closets,'' Section 7.1.4 ``Flushometer valve water closets,'' Section
7.1.5 ``Procedures for standardizing the water supply system,'' Section
7.3 ``Water consumption test,'' Section 7.3.3 ``Procedure,'' Section
7.3.5 ``Performance,'' ``Section 8.2 ``Test apparatus and general
instructions,'' Section 8.2.1, Section 8.2.2, and Section 8.2.3,
Section 8.6 ``Water Consumption Test,'' Section 8.6.4 ``Performance,''
Table 5 ``Static test pressures for water closets, kPa (psi),'' and
Table 6 ``Static test pressures for urinals, kPa (psi).''
Copies of ASME Standard A112.19.2-2018 may be purchased from the
ASME at Two Park Avenue, New York, NY 10016, or by going to https://www.asme.org/codes-standards/find-codes-standards/a112-19-2-csa-b45-1-ceramic-plumbing-fixtures?productKey=J0121TM1:J0121TM1.
V. Public Participation
A. Participation in the Webinar
The time and date webinar are listed in the DATES section at the
beginning of this document. If no participants register for the
webinar, it will be cancelled. Webinar registration information,
participant instructions, and information about the capabilities
available to webinar participants will be published on DOE's website:
https://cms.doe.gov/eere/buildings/public-meetings-and-comment-deadlines. Participants are responsible for ensuring their systems are
compatible with the webinar software.
Additionally, you may request an in-person meeting to be held prior
to the close of the request period provided in the DATES section of
this document. Requests for an in-person meeting may be made by
contacting Appliance and Equipment Standards Program staff at (202)
287-1445 or by email: [email protected].
B. Submission of Comments
DOE will accept comments, data, and information regarding this
proposed rule no later than the date provided in the DATES section at
the beginning of this proposed rule. Interested parties may submit
comments using any of the methods described in the ADDRESSES section at
the beginning of this document.
Submitting comments via www.regulations.gov. The
www.regulations.gov web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information
[[Page 27296]]
(``CBI'')). Comments submitted through www.regulations.gov cannot be
claimed as CBI. Comments received through the website will waive any
CBI claims for the information submitted. For information on submitting
CBI, see the Confidential Business Information section.
DOE processes submissions made through www.regulations.gov before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that www.regulations.gov
provides after you have successfully uploaded your comment.
Submitting comments via email. Comments and documents submitted via
email also will be posted to www.regulations.gov. If you do not want
your personal contact information to be publicly viewable, do not
include it in your comment or any accompanying documents. Instead,
provide your contact information on a cover letter. Include your first
and last names, email address, telephone number, and optional mailing
address. The cover letter will not be publicly viewable as long as it
does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. No faxes will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email two well-marked copies: One copy of the document marked
confidential including all the information believed to be confidential,
and one copy of the document marked non-confidential with the
information believed to be confidential deleted. Submit these documents
via email to [email protected] or on a CD, if
feasible. DOE will make its own determination about the confidential
status of the information and treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
C. Issues on Which DOE Seeks Comment
Although DOE welcomes comments on any aspect of this proposal, DOE
is particularly interested in receiving comments and views of
interested parties concerning the following issues:
(1) DOE requests comment on its proposal to incorporate by
reference ASME A112.19.2-2018.
(2) DOE requests comment on its proposal to remove references to
section 7.1 and 8.2 of ASME A112.19.2-2018 in Appendix T.
(3) DOE requests comment on the proposal to replace the term
``toilet'' with ``water closet'' in 10 CFR 430.32(q).
(4) DOE requests comment on the proposal to replace the term
``electromechanical hydraulic toilet'' with ``electromechanical
hydraulic water closet,'' while retaining the existing regulatory
definition of ``electromechanical hydraulic toilet.''
(5) DOE requests comment on the proposal to replace all instances
of ``blowout toilet'' and ``blowout water closet'' in Appendix T and 10
CFR 430.32(q) with ``blowout bowl water closets.''
(6) DOE requests comment on the proposal to adopt the term
``blowout action'' and its corresponding definition from ASME
A112.19.2-2018.
(7) DOE requests comment on its proposal to adopt the definitions
from ASME A112.19.2-2018 for the term ``gravity flush tank water
closet''.
(8) DOE requests comment on the proposal to replace the term
``gravity tank-type toilets'' with ``gravity flush tank water closets''
in its regulations.
(9) DOE requests comment on its proposal to adopt the definition
from ASME A112.19.2-2018 for the term ``siphonic bowl.''
(10) DOE requests comment on the proposal to replace the term
``siphonic water closets'' with ``siphonic bowl water closets'' in its
regulations.
(11) DOE requests comment on the proposal to adopt the term
``siphonic action'' and its corresponding definition from ASME
A112.19.2-2018.
(12) DOE requests comment on the proposal to define the term
``trough-type urinal'' as ``a urinal designed for simultaneous use by
two or more people.'' DOE specifically requests comment on whether the
proposed definition would include products not currently understood to
be trough-type urinals, or whether it would exclude products currently
understood to be trough-type urinals. In addition, DOE requests
comments on whether any physical characteristics or features
differentiate trough-type urinals from other urinals.
(13) DOE requests comment on whether the current test method of
averaging of results from the different test pressures to determine the
water use of a water closet or urinal is representative of an average
use cycle or period of use, and is not unduly burdensome to conduct.
(14) DOE requests comment and data regarding water pressures at
product installation sites, and information on how water pressures vary
in different locations across the nation.
(15) DOE requests comment on removing the static pressure
requirements in Appendix T section 3.a.ii. and instead referencing the
static pressure requirement provided in Table 5 of ASME A112.19.2-2018.
(16) DOE requests comment on replacing the static pressure
requirements in Appendix T section 3.b from section 8.6.4 of ASME
A112.19.2-2008 with Table 6 of ASME A112.19.2-2018.
(17) DOE requests comment on maintaining the current instrument
resolution specifications. DOE also requests comment on whether it
should specify implementing an instrument resolution of 0.01 to match
the DOE reporting requirements, and the associated testing or reporting
burden associated with such a change.
(18) DOE requests comment on the level of precision used by
industry and test laboratories for measuring and rounding when
performing tests for water consumption. Specifically, DOE requests
comment on whether the apparatus used for testing generally has a
resolution of 0.25 L (0.07 gal) or whether the resolution is more
precise.
(19) DOE requests comment on the proposed updates for water closets
and urinals to replace ``maximum permissible water use allowed'' with
``water use'' in 10 CFR 430.23(u) and (v), respectively.
(20) DOE requests comment on the proposal to replace the term
``instrumentation'' with ``apparatus.''
[[Page 27297]]
(21) DOE requests comment on its understanding that there will be
no impact or costs to water closet and urinal manufacturers under the
proposed amendments.
(22) DOE requests comment on the benefits and burdens of the
proposed updates and additions to industry standards referenced in the
DOE test procedure for water closets and urinals.
(23) DOE seeks further comment on the degree to which the DOE
should consider harmonizing Appendix T with the most recent relevant
industry standard for water closets and urinals, and whether there are
any changes to the Federal test method that would produce test results
that provide additional benefits to the public as compared to the
current DOE test procedure or the relevant industry standard. DOE also
requests comment on the benefits and burdens of, or any other comments
regarding, adopting any industry/voluntary consensus-based or other
appropriate test procedure, without modification.
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this proposed
rule.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Small
businesses.
Signing Authority
This document of the Department of Energy was signed on May 2,
2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary
and Acting Assistant Secretary for Energy Efficiency and Renewable
Energy, pursuant to delegated authority from the Secretary of Energy.
That document with the original signature and date is maintained by
DOE. For administrative purposes only, and in compliance with
requirements of the Office of the Federal Register, the undersigned DOE
Federal Register Liaison Officer has been authorized to sign and submit
the document in electronic format for publication, as an official
document of the Department of Energy. This administrative process in no
way alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on May 4, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE is proposing to amend
part 430 of Chapter II of Title 10, Code of Federal Regulations as set
forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
1. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
0
2. Section 430.2 is amended by:
0
a. Removing the definition for ``Blowout toilet;''
0
b. Removing ``Electromechanical hydraulic toilet'' and adding in its
place, ``Electromechanical hydraulic water closet;'' and
0
c. Adding in alphabetical order, definitions for, ``Blowout action,''
``Blowout bowl,'' ``Gravity flush tank water closet,'' ``Siphonic
action,'' ``Siphonic bowl,'' and ``Trough-type urinal.''
The additions read as follows:
Sec. 430.2 Definitions.
* * * * *
Blowout action means a means of flushing a water closet whereby a
jet of water directed at the bowl outlet opening pushes the bowl
contents into the upleg, over the weir, and into the gravity drainage
system.
Blowout bowl means a non-siphonic water closet bowl with an
integral flushing rim, a trap at the rear of the bowl, and a visible or
concealed jet that operates with a blowout action.
* * * * *
Electromechanical hydraulic water closet means any water closet
that utilizes electrically operated devices, such as, but not limited
to, air compressors, pumps, solenoids, motors, or macerators in place
of or to aid gravity in evacuating waste from the toilet bowl.
* * * * *
Gravity flush tank water closet means a water closet designed to
flush the bowl with water supplied by gravity only.
* * * * *
Siphonic action means the movement of water through a flushing
fixture by creating a siphon to remove waste material.
Siphonic bowl means a water closet bowl that has an integral
flushing rim, a trap at the front or rear, and a floor or wall outlet,
and operates with a siphonic action (with or without a jet).
* * * * *
Trough-type urinal means a urinal designed for simultaneous use by
two or more people.
* * * * *
0
3. Section 430.3 is amended by adding paragraph (h)(3) to read as
follows:
Sec. 430.3 Materials incorporated by reference.
* * * * *
(h) * * *
(3) ASME A112.19.2-2018/CSA B45.1-18, (``ASME A112.19.2-2018''),
``Ceramic plumbing fixtures,'' approved 2018, IBR approved for appendix
T to subpart B.
* * * * *
0
4. Section 430.23 is amended by revising paragraphs (u) and (v) to read
as follows:
Sec. 430.23 Test procedures for the measurement of energy and water
consumption.
* * * * *
(u) Water closets. The water use for water closets, expressed in
gallons and liters per flush (gpf and Lpf), shall be measured in
accordance to section 3(a) of appendix T of this subpart.
(v) Urinals. The water use for urinals, expressed in gallons and
liters per flush (gpf and Lpf), shall be measured in accordance to
section 3(b) of appendix T of this subpart.
* * * * *
0
5. Appendix T to subpart B of part 430 is revised to read as follows:
Appendix T to Subpart B of Part 430--Uniform Test Method for Measuring
the Water Consumption of Water Closets and Urinals
Note: After [date 180 days after date of publication of water
closets and urinals test procedure final rule], representations made
with respect to the water consumption of water closets or urinals
must fairly disclose the results of testing pursuant to this
appendix.
On or after [date 30 days after date of publication of water
closets and urinals test procedure final rule] and prior to [date
180 days after date of publication of water closets and urinals test
procedure final rule] representations, including compliance
certifications, made with respect to the water consumption of water
closets or urinals must fairly disclose the results of testing
pursuant to either this appendix as it appeared at 10 CFR part 430,
subpart B, in the 10 CFR parts 200 to 499 edition revised as of
January 1, 2014. Representations made with respect to the water
consumption of water closets or urinals tested within that range of
time must fairly disclose the results of testing under the selected
version. Given that after [date 180 days after date of publication
of water closets
[[Page 27298]]
and urinals test procedure final rule] representations with respect
to the water consumption of water closets and urinals must be made
in accordance with tests conducted pursuant to this appendix,
manufacturers may wish to begin using this test procedure as soon as
possible.
0. Incorporation by reference
DOE incorporated by reference in Sec. 430.3, the entire
standard for ASME A112.19.2-2018; however, only enumerated
provisions of that document apply to this appendix, as follows:
a. Section 7.1.2 ``Gravity flush tank water closets,'' as
specified in section 2.a of this appendix;
b. Section 7.1.3 ``Flushometer tank, electro-hydraulic, or other
pressurized flushing device water closets,'' as specified in section
2.a of this appendix;
c. Section 7.1.4 ``Flushometer valve water closets,'' as
specified in section 2.a of this appendix;
d. Section 7.1.5 ``Procedures for standardizing the water supply
system,'' as specified in section 2.a of this appendix;
e. Section 7.3 ``Water consumption test,'' as specified in
section 3.a of this appendix;
f. Section 8.2.1, as specified in section 2.b of this appendix;
g. Section 8.2.2, as specified in section 2.b of this appendix
h. Section 8.2.3, as specified in section 2.b of this appendix;
i. Section 8.6 ``Water Consumption Test,'' as specified in
section 3.b of this appendix;
j. Table 5 ``Static test pressures for water closets, kPa
(psi),'' as specified in section 2.a and 3.a of this appendix; and
k. Table 6 ``Static test pressures for urinals, kPa (psi)'' as
specified in section 2.a and 3.a of this appendix.
In cases where there is a conflict, the language of the test
procedure in this appendix takes precedence over ASME A112.19.2-
2018.
1. Scope: This appendix covers the test requirements used to
measure the hydraulic performances of water closets and urinals.
2. Test Apparatus and General Instructions
a. When testing a water closet, use the test apparatus and
follow the instructions specified in sections 7.1.1 (including Table
5), 7.1.2, 7.1.3, 7.1.4, and 7.1.5 of ASME A112.19.2-2018
(incorporated by reference, see Sec. 430.3). The flushometer valve
used in the water consumption test must represent the maximum design
flush volume of the water closet. Record each measurement at the
resolution of the test apparatus. Round each calculation of water
consumption for each tested unit to the same number of significant
digits as the previous step.
b. When testing a urinal, use the test apparatus and follow the
instructions specified in sections 8.2.1, 8.2.2, and 8.2.3
(including Table 6) of ASME A112.19.2-2018. The flushometer valve
used in the water consumption test must represent the maximum design
flush volume of the urinal. Record each measurement at the
resolution of the test apparatus. Round each calculation of water
consumption for each tested unit to the same number of significant
digits as the previous step.
3. Test Measurement
a. Water closets:
(i) Measure the water flush volume for water closets, expressed
in gallons per flush (gpf) and liters per flush (Lpf), in accordance
with section 7.3, Water Consumption Test, of ASME A112.19.2-2018
(incorporated by reference, see Sec. 430.3). For dual-flush water
closets, the measurement of the water flush volume shall be
conducted separately for the full-flush and reduced-flush modes and
in accordance with the test requirements specified section 7.3,
Water Consumption Test, of ASME A112.19.2-2018. The final measured
flush volume for each tested unit is the average of the total flush
volumes recorded at each test pressure as specified in Table 5
``Static test pressures for water closets, kPa (psi),'' of ASME
A112.19.2-2018.
(ii) Flush volume and tank trim component adjustments: For
gravity flush tank water closets, set trim components that can be
adjusted to cause an increase in flush volume, including (but not
limited to) the flapper valve, fill valve, and tank water level, in
accordance with the installation instructions supplied by the
manufacturer with the unit. If the installation instructions for the
model to be tested do not specify trim setting adjustments, adjust
these trim components to the maximum water use setting so that the
maximum flush volume is produced without causing the water closet to
malfunction or leak. Set the water level in the tank to the maximum
water line designated in the installation instructions supplied by
the manufacturer or the designated water line on the tank itself,
whichever is higher. If the printed installation instructions or the
water closet tank do not indicate a water level, adjust the water
level to 1 0.1 inches below the top of the overflow
tube or 1 0.1 inches below the top rim of the water-
containing vessel (for gravity flush tank water closets that do not
contain an overflow tube) for each designated pressure specified in
Table 5 of ASME A112.19.22-2018.
b. Urinals--Measure water flush volume for urinals, expressed in
gallons per flush (gpf) and liters per flush (Lpf), in accordance
with section 8.6, Water Consumption Test, of ASME A112.19.2-2018.
The final measured flush volume for each tested unit is the average
of the total flush volumes recorded at each test pressure as
specified in Table 6 ``Static test pressures for urinals, kPa
(psi),'' of ASME A112.19.2-2018.
0
6. Section 430.32 is amended by revising paragraph (q) to read as
follows:
Sec. 430.32 Energy and water conservation standards and their
compliance dates.
* * * * *
(q) Water closets. (1) The maximum water use allowed in gallons per
flush for any of the following water closets manufactured after January
1, 1994, shall be as follows:
------------------------------------------------------------------------
Maximum flush
Water closet type rate (gpf
(Lpf))
------------------------------------------------------------------------
(i) Gravity flush tank water closet..................... 1.6 (6.0)
(ii) Flushometer tank water closet...................... 1.6 (6.0)
(iii) Electromechanical hydraulic water closet.......... 1.6 (6.0)
(iv)Blowout bowl water closet........................... 3.5 (13.2)
------------------------------------------------------------------------
(2) The maximum water use allowed for flushometer valve water
closets, other than those with blowout bowls, manufactured after
January 1, 1997, shall be 1.6 gallons per flush (6.0 liters per flush).
* * * * *
[FR Doc. 2021-09695 Filed 5-19-21; 8:45 am]
BILLING CODE 6450-01-P
