Performance Requirements for Residential Gas Furnaces and Boilers; Advance Notice of Proposed Rulemaking
| Published date | 19 August 2019 |
| Citation | 84 FR 42847 |
| Record Number | 2019-17512 |
| Section | Proposed rules |
| Court | Consumer Product Safety Commission |
Federal Register, Volume 84 Issue 160 (Monday, August 19, 2019)
[Federal Register Volume 84, Number 160 (Monday, August 19, 2019)]
[Proposed Rules]
[Pages 42847-42854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17512]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Chapter II
[Docket No. CPSC-2019-0020]
Performance Requirements for Residential Gas Furnaces and
Boilers; Advance Notice of Proposed Rulemaking
AGENCY: Consumer Product Safety Commission.
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: The Consumer Product Safety Commission (Commission or CPSC) is
considering developing a rule to address the risk of injury and death
associated with carbon monoxide (CO) production and leakage from
residential gas furnaces and boilers. This advance notice of proposed
rulemaking (ANPR) initiates a rulemaking proceeding under the Consumer
Product Safety Act (CPSA). We invite comments concerning the risk of
injury associated with CO production and leakage from residential gas
furnaces and boilers, the alternatives discussed in this ANPR, and
other possible alternatives for addressing the risk. We also invite
interested parties to submit existing voluntary standards or a
statement of intent to modify or develop a voluntary standard that
addresses the risk of injury described in this document.
[[Page 42848]]
DATES: Submit comments by October 18, 2019.
ADDRESSES: You may submit comments, identified by Docket No. CPSC-2019-
0020, by any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: www.regulations.gov. Follow the instructions for
submitting comments. The Commission does not accept comments submitted
by electronic mail (email), except through www.regulations.gov. The
Commission encourages you to submit electronic comments by using the
Federal eRulemaking Portal, as described above.
Written Submissions: Submit written submissions by mail/hand
delivery/courier to: Division of the Secretariat, Consumer Product
Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD
20814; telephone (301) 504-7923.
Instructions: All submissions received must include the agency name
and docket number for this document. All comments received may be
posted without change, including any personal identifiers, contact
information, or other personal information provided, to:
www.regulations.gov. Do not submit confidential business information,
trade secret information, or other sensitive or protected information
that you do not want to be available to the public. If furnished at
all, such information should be submitted in writing.
Docket: For access to the docket to read background documents or
comments received, go to: www.regulations.gov, and insert the docket
number CPSC-2019-0020, into the ``Search'' box, and follow the prompts.
FOR FURTHER INFORMATION CONTACT: Ronald A. Jordan, Project Manager,
Directorate for Engineering Sciences, U.S. Consumer Product Safety
Commission, 5 Research Place, Rockville, MD 20850; telephone: (301)
987-2219; email: [email protected].
SUPPLEMENTARY INFORMATION: The CPSC \1\ is publishing an ANPR to
possibly develop a rule to address the risk of injury and death
associated with CO production and leakage from residential gas furnaces
and boilers.
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\1\ The Commission voted 3-2 to publish this document with
changes in the Federal Register. Acting Chairman Anne Marie Buerkle
and Commissioners Robert S. Adler and Elliot F. Kaye voted to
approve publication of this document with changes. Commissioners
Dana Baiocco and Peter A. Feldman voted to approve publication of
this document as drafted.
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I. Background
The Commission is aware of numerous injuries and deaths resulting
from CO poisoning caused by residential gas furnaces and boilers. Gas-
fired central furnaces and boilers historically have been among the
leading causes of non-fire CO poisoning deaths associated with consumer
products. To address this risk, CPSC staff reviewed incident data for
residential gas furnaces and boilers and determined that residential
gas furnaces and boilers were involved in a significant number of
fatalities and injuries from CO poisoning. From 2013 to 2015, there
were 57 deaths (average 19 deaths per year) related to residential gas
furnaces and boilers reported to CPSC. In addition, an estimated 7,590
injuries related to CO poisoning associated with residential gas
furnaces and boilers were reported to CPSC from 2013 to 2015.
In the late 1980s, the voluntary standards for a variety of gas
appliances, including gas furnaces and boilers, were revised to address
some of the operating, installation, or usage conditions of the
products that could result in hazards, such as fire, explosion, and
leakage of CO into the living space. Despite revisions to the voluntary
standards that addressed some CO hazards, gas furnaces and boilers
continue to be the second leading cause of CO deaths (portable
generators are the leading cause of CO deaths \2\ among all consumer
products) and the leading cause among all heating systems. CPSC staff
has advocated for more effective performance requirements for gas
furnaces and boilers since 1993 to protect consumers from CO hazards
that were not addressed by the voluntary standards for these products.
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\2\ Non-Fire Carbon Monoxide Deaths Associated with the Use of
Consumer Products. 2015 Annual Estimates, Hnatov, M. December 2018.
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Starting in 2000, CPSC staff sought to address CO hazards at the
source of production (i.e., in the heat exchanger and flue passageways)
in these appliances by working with voluntary standards organizations
proposing \3\ that that they add ``CO shutoff/response'' provisions to
the voluntary standards. Despite repeated requests from CPSC staff for
the U.S. standards development organizations (SDO) to address the CO
risk at the source of production in gas appliances, and the existence
of the Japanese and European performance requirements for CO and
combustion product sensors, voluntary standards in the United States
have not adopted similar requirements to address the CO hazard. The
rationale U.S. SDOs cited for not adopting similar requirements is that
the CO and combustion product-sensing devices needed to implement the
requirements must have a 20-year lifespan and that no such devices are
currently available.
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\3\ Jordan, R., CO shutoff/response proposal letter Canadian
Standards Association International, CPSC. November 2000.
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The Commission is considering developing a mandatory standard to
reduce the risk of death and injury associated with CO production and
leakage from residential gas furnaces and boilers. CPSC staff prepared
a briefing package to describe the products at issue, further assess
the relevant incident data, examine relevant voluntary standards, and
discuss options for addressing the risk associated with residential gas
furnaces and boilers. That briefing package is available at: https://www.cpsc.gov/s3fs-public/Draft%20ANPR%20-%20Performance%20Requirements%20for%20Residential%20Gas%20Furnaces%20and%20Boilers.pdf?izgUebOXOcPhQ51iScglAVrv0NbIb_rB.
II. Relevant Statutory Provisions
To address the risk of injury associated with CO production and
leakage from residential gas furnaces and boilers, the Commission is
considering developing a mandatory safety standard. The rulemaking
falls under the CPSA. 15 U.S.C. 2051-2089. Under section 7 of the CPSA,
the Commission may issue a consumer product safety standard if the
requirements of the standard are ``reasonably necessary to prevent or
reduce an unreasonable risk of injury associated with [a] product.''
Id. 2056(a). The safety standard may consist of performance
requirements or requirements for warnings and instructions. Id.
However, if there is a voluntary standard that would adequately reduce
the risk of injury the Commission seeks to address, and there is likely
to be substantial compliance with that standard, then the Commission
must rely on the voluntary standard, instead of issuing a mandatory
standard. Id. 2056(b)(1). To issue a mandatory standard under section
7, the Commission must follow the procedural and substantive
requirements in section 9 of the CPSA. Id. 2056(a).
Under section 9 of the CPSA, the Commission may begin rulemaking by
issuing an ANPR. Id. 2058(a). The ANPR must identify the product and
the nature of the risk of injury associated with it; summarize the
regulatory alternatives the Commission is considering; and include
information
[[Page 42849]]
about any relevant existing standards, and why the Commission
preliminarily believes those standards would not adequately reduce the
risk of injury associated with the product. The ANPR also must invite
comments concerning the risk of injury and regulatory alternatives and
invite the public to submit existing standards or a statement of intent
to modify or develop a voluntary standard to address the risk of
injury. Id. 2058(a).
After publishing an ANPR, the Commission may proceed with
rulemaking by reviewing the comments received in response to the ANPR
and publishing a notice of proposed rulemaking (NPR). An NPR must
include the text of the proposed rule, alternatives the Commission is
considering, a preliminary regulatory analysis describing the costs and
benefits of the proposed rule and the alternatives, and an assessment
of any submitted standards. Id. 2058(c). The Commission would then
review comments on the NPR and decide whether to issue a final rule,
along with a final regulatory analysis.
III. The Product
The ANPR covers residential, gas-fired central furnaces, boilers,
wall furnaces, and floor furnaces (gas furnaces and boilers). These
appliances are fueled by natural gas or propane (gas). Residential gas
furnaces and boilers are vented gas heating appliances that are used to
heat all categories of consumer dwellings, including single family
homes, townhomes, condominiums, and multifamily dwellings, as well as
small-to medium-sized commercial dwellings. These products provide heat
to a dwelling by burning a mixture of fuel (either natural gas or
propane) and air within the combustion chamber of a heat exchanger. As
the mixture of fuel and air is burned, heat is released and transferred
through the wall of the heat exchanger to the medium surrounding the
heat exchanger and circulated through air ducts or water pipes
throughout the dwelling, or into the ambient air to provide heat.
Burning the mixture of fuel and air results in the formation of
combustion products that are typically composed of oxygen, carbon
dioxide, water vapor, and CO. When the mixture of fuel and air is
burned completely, the concentration of CO produced should remain
relatively low, typically below 50 parts per million (ppm), depending
on the design of the gas appliance. The combustion products are
exhausted to the outdoors through a vent system.
In a gas-fired central furnace, air is the medium that surrounds
and is heated by the heat exchanger. A large fan is used to force the
heated air across the exterior surfaces of the heat exchanger, through
a duct system, and then the heated air exits the duct system through
warm air registers in each room within the dwelling. In a gas boiler,
water in the liquid phase or vapor phase (i.e., steam) is the medium
that surrounds and is heated by the heat exchanger. The heated water or
steam is circulated, using a pump to force the fluid through a piping
system to radiators in each room of the dwelling. Heat is transferred
from the heated water or steam supplied to the radiators to the room
through radiative and conductive heat transfer. Gas-fired central
furnaces and boilers are considered central heating appliances, because
they provide heat to each room of a dwelling. The combustion products
of gas-fired central furnaces and boilers are vented to the outdoors,
either vertically through the roof, or horizontally through a side wall
through the vent pipe.
In addition to central gas-fired furnaces and boilers, the ANPR
also covers gas wall furnaces and gas floor furnaces. As their names
indicate, gas wall furnaces are installed in wall spaces, typically
between the wall stud framing members; and floor furnaces are installed
in the floor, typically between the floor joist framing members. Wall
furnaces and floor furnaces both provide localized heating directly to
the room in which they are located, and indirectly to adjoining rooms
within the dwelling. The combustion products of wall furnaces are
vented to the outdoors, either vertically through the roof, or
horizontally through a side wall with the vent pipe running along the
length of the wall studs between which the unit is installed. The
combustion products of a floor furnace are typically vented
horizontally through a side wall, with the vent pipe normally running
along the length of the floor joists between which the unit is
installed and through an exterior wall.
IV. Market Information
Of the gas appliances covered by this ANPR, central gas-fired
furnaces are the type most commonly used in U.S. households. Natural
gas and propane central furnaces are the primary heating equipment in
50.3 million homes; from 2.6 to 3.1 million units were shipped annually
between 2013 and 2017. Gas boilers are the next most commonly used
heating appliances in U.S. homes, accounting for the main heating
source in 6.8 million U.S. homes and about 390,000 annual shipments.
The average product life of gas furnaces (including boilers) ranges
from 15 to 20 years. Floor and wall furnaces are less common than
central furnaces and boilers, but they still accounted for heating in
800,000 U.S. homes. No annual shipment data were available for floor or
wall furnaces.
V. Risk of Injury
A. Incident Data
1. Fatalities
In 2015, (the latest time period for which data are available)
there were an estimated 175 unintentional, non-fire CO poisoning deaths
associated with consumer products under the CPSC's jurisdiction.\4\ Of
that number, heating systems were associated with an estimated 37 (21
percent) of the deaths. Gas furnaces and boilers (liquefied petroleum,
natural gas, and unspecified gas) were associated with the largest
share of CO deaths (19 deaths or 51 percent) among heating systems and
the second largest share (11 percent) among all consumer products. For
the 11-year period, 2005 through 2015, gas furnaces accounted for 248
CO deaths (44 percent) among heating appliances, and 14 percent among
all consumer products.
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\4\ Non-Fire Carbon Monoxide Deaths Associated with the Use of
Consumer Products 2015 Annual Estimates. M. Hnatov. CPSC Directorate
for Epidemiology. December 2018.
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2. Injury Estimates
Staff estimates that annually there were about 1,850 gas furnace or
boiler non-fire, CO-related injuries treated between 2013 and 2015 at
U.S. hospital emergency departments (EDs).\5\ Combined with estimates
of medically attended injuries that were treated outside of hospital
EDs, and using estimates from the CPSC's Injury Cost Model (ICM),\6\
staff estimates an average
[[Page 42850]]
of 7,590 non-fire, CO-related injuries annually between 2013 and 2015,
which were associated with gas furnaces and boilers. This includes the
estimate from NEISS of 1,850 ED-treated injuries and an additional
5,750 medically attended cases not treated in EDs.
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\5\ Physicians have noted difficulty in correctly diagnosing
these injuries (e.g., Aniol, 1992). Carbon monoxide poisoning may
mimic many conditions, including alcohol or drug intoxication,
psychiatric disorders, flulike illnesses, and others conditions that
can lead to misdiagnoses (ibid). Measurement of HbCO levels in the
blood can also be confounded, based on the time elapsed and any
breathing treatment administered that can lower counts before
measurement. Absent an attempt to provide NEISS cases where carbon
monoxide was diagnosed, however, it would not be possible to compute
nonfatal injuries. Thus, a potential underestimate was deemed more
practical than assuming the injury costs would be zero. Aniol, M.J.
Carbon Monoxide Toxicity: The Difficulty in Diagnosing This Leading
Cause of Poisoning. Can Fam Physician. 1992 2123-2134, 2174.
\6\ The ICM is fully integrated with NEISS and uses empirical
relationships between the characteristics of injuries and victims
initially treated in hospital EDs and those treated elsewhere, to
estimate the number of medically attended injuries treated outside
of hospital EDs.
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B. Hazard Patterns
CPSC staff routinely relies on in-depth investigations (IDIs) to
understand failure modes and conditions that reportedly caused or
contributed to incidents involving the production and leakage of
dangerous levels of CO into the living space. For CO exposure to occur
from a vented gas appliance, two conditions typically must exist.
First, a condition must exist that prevents complete combustion of the
fuel. Second, there must be a path or mechanism that allows or causes
combustion products, including CO, to leak from the flue passageways or
vent system of the gas appliance into the living space. In 2012, CPSC
staff conducted reviews of CO-related IDIs that involved ``modern''
(i.e., manufactured after 1989) gas furnace or boiler. \7\ Of these
incidents involving ``modern'' gas appliances, staff identified two
primary concurrent hazard patterns for CO exposure:
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\7\ Jordan, R., Updated Review of In-Depth Investigations
Associated with Carbon Monoxide Poisoning and ``Modern'' Gas
Furnaces and Boilers. CPSC. September 2012.
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A condition that resulted in production of a hazardous
level of CO by the appliance; and
a condition that allowed hazardous CO to leak into a
living space.
Staff confirmed that the failure modes that led to production of
dangerous levels of CO included too much fuel (i.e., ``overfiring'') to
the appliance or inadequate air for combustion. The failure modes that
led to leakage of CO into the living space included: Disconnected or
breached vents; blocked vents, heat exchangers, or chimneys;
depressurization of the space or back drafting of exhaust products; and
improper venting. Staff also determined that the majority of the CO
incidents occurred from appliances that were reported to be 15 years
old or less at the time of the incident, and the average age of
appliances involved in CO incidents was 9.6 years. The average age of
the appliances indicates that these products were ``modern'' appliances
equipped with the latest safety devices, and that these safety devices
were not capable of protecting against CO exposure.
From review of CO-related IDIs, staff has been able to establish
the following hazard patterns for gas appliances:
Incomplete combustion: Complete combustion of hydrocarbon fuels,
such as natural gas or liquefied petroleum gas (LP-gas or propane),
requires a proper mixture of air (i.e., combustion air) and fuel, as
well as an adequate amount of heat to ignite the combustion air-fuel
mixture. Incomplete combustion of the fuel supplied to gas appliances
can lead to production of hazardous levels of CO and can occur when the
following conditions exist:
Inadequate combustion air: Inadequate air for combustion
supplied to an appliance occurs when: (1) Air openings to the appliance
combustion chamber or burner assembly are blocked; (2) combustion air
inlet piping (in the case of direct vent appliances) to the appliance
is blocked; (3) the exhaust outlet from the appliance is blocked; (4)
the appliance is installed in a room that does not have a large enough
volume to provide the proper amount of air for combustion; or (5) the
appliance is installed in a smaller room or closet that does not have
adequately sized combustion and ventilation air openings to support
proper combustion.
Too much fuel (i.e., over-firing): Causes of over-firing
can occur when the appliance gas manifold pressure is too high, causing
the quantity of fuel delivered to the burner to be too high for
complete combustion of the fuel/air mixture. This causes incomplete
combustion of the fuel/air mixture and production of CO. This scenario
can occur as a result of improper adjustment by a service technician or
a product defect or component failure/malfunction associated with the
gas valve or the burner orifice.
Reduced flame temperature: Inadequate or reduced flame
temperature can occur when the appliance burner is misaligned, causing
the burner flame to come into contact with a metal surface within the
combustion chamber. Because the metal surface is much cooler than the
burner flame, direct contact will cause a greater rate of heat transfer
from the flame to the metal, resulting in a reduction in the flame
temperature (i.e., flame quenching). Depending on the severity and
duration, all of these conditions can result in incomplete combustion
of the fuel.
Exhaust leakage: Combustion products from a gas furnace or boiler
are normally vented to remove them from the home. However, a potential
CO hazard in a home can arise when a path or mechanism exists that
allows or causes CO to leak from the flue passageways or vent system of
the gas appliance into the living space. Typical leakage paths include:
(1) A totally or partially blocked vent, chimney, or heat exchanger; or
(2) a disconnected vent pipe, or a hole in the vent pipe. Sometimes
leakage can occur when an exhaust fan or fireplace is installed in the
same room, or in a room adjacent to a gas appliance. The actions of the
exhaust fan or a warm chimney created by the fireplace can have the
effect of pulling air out of the room in which the gas appliance is
installed. This action can depressurize the room, resulting in reverse
flow of the combustion products through the appliance vent system or
flue passageways. Instead of being vented safely to the outdoors,
depressurization can cause combustion products, including CO, to spill
into the living space. Other mechanisms that can lead to spilling
include a vent with lower capacity than the gas appliance(s) connected
to it. This can be caused by total or partial vent blockage,
installation of a vent pipe that is too small, or the connection of so
many appliances to the vent that the vent is rendered too small.
VI. Existing Voluntary and International Standards
A. U.S. Voluntary Standards
1. Description of Existing U.S. Voluntary Standards
The four gas appliance types within the scope of the ANPR are
covered by the following domestic ANSI Z21 voluntary standards:
ANSI Z21.13, Standard for Gas-Fired Low Pressure Steam and Hot
Water Boilers
This standard specifies the construction and performance
requirements for gas-fired, low-pressure steam and hot water boilers
with input ratings of less than 12,500,000 Btu/hr (3,663 kW). The first
edition of the standard was published in 1934 and has been revised
several times, with the latest edition published in 2017.
ANSI Z21.47, Standard for Gas-Fired Central Furnaces
This standard specifies the construction and performance
requirements for gas-fired central furnaces with input ratings up to
and including 400,000 Btu/hr (117 kW). The requirements for gas-fired
central furnaces were initially included in ANSI Z21.13, before
becoming a separate standard in 1964. From 1978 through 1993, a
separate standard for direct vent central furnaces (ANSI Z21.64) was in
place before being consolidated into a single standard and harmonized
with Canadian standard requirements in 1993, with the latest edition
published in 2016.
[[Page 42851]]
ANSI Z21.86, Standard for Vented Gas-Fired Space Heating
Appliances
This standard specifies the construction and performance
requirements for vented gas-fired space-heating appliances with input
ratings up to and including 400,000 Btu/hr (117 kW), including vented
room heaters (Parts III and IV), gravity and fan-type direct-vent wall
furnaces (Parts V and VI), gravity and fan-type wall furnaces (Part
VII), gravity and fan-type vented wall furnaces (VIII), and gravity and
fan-type floor furnaces for the United States only (Parts IX and X).
The scope of this ANPR only includes gravity and fan-type direct-vent
wall furnaces (Parts V and VI), and gravity and fan-type floor furnaces
(IX and X). The ANSI Z21.86 standard was first published in 1998, with
the latest edition published in 2016; however, individual standards for
gravity and fan-type direct-vent wall furnaces and gravity and fan-type
floor furnaces predate this standard and were likely covered in the
first edition of ANSI Z21.13.
The voluntary standards listed above all require the appliances to:
Not produce CO in excess of 400 ppm;
shut off when vent or flue is fully blocked;
shut off when blower door is not sealed properly (gas-
fired central furnaces only);
shut off if flames issue outside of the burner inlet
openings.
2. Assessment of Existing U.S. Voluntary Standards
Despite the requirements of the ANSI Z21 voluntary standards, as
well as a number of improvements to these standards that have been made
over the years, these standards do not include requirements to protect
against many of the failure modes or conditions that have been
associated with production and leakage of CO into living spaces of U.S.
households. Furthermore, the voluntary standards requirements do not
address the long-term use of the products once installed in a dwelling
or the various conditions that can cause or contribute to CO production
and leakage. There are a number of leakage paths or mechanisms by which
CO can leak into a living space; however, the ANSI Z21 standards for
gas furnaces, boilers, wall furnaces, and floor furnaces only address
leakage caused by a totally blocked vent. Staff has identified a
variety of conditions that are not addressed by the ANSI requirements.
Those conditions include, but are not limited to:
Disconnected or breached flues, vents, and chimneys;
partially blocked heat exchangers, flues, vents, and
chimneys;
over-fired appliances; and
inadequate combustion air to appliances.
Based on the hazard patterns identified in the staff's review of
fatal CO poisoning incidents involving gas appliances, requirements to
address CO risk at the source of production, before potentially deadly
levels of CO can enter the living space, would reduce the occurrence of
CO-related deaths, injuries, and exposures associated with gas
furnaces, boilers, wall and floor furnaces.
In 2015, CPSC staff proposed requirements for CO shutoff/response
to the respective voluntary standards development organizations for
gas-fired central furnaces, boilers, wall furnaces, and floor furnaces.
Staff's proposal would have required the appliance to limit the
production of CO below a threshold level, or for the appliance to shut
off when CO emissions in the combustion chamber, flue passageways, or
vent pipe exceed a hazardous level. The 2015 staff proposal was
supported by the proof-of-concept testing \8\ previously conducted by
CPSC staff in 2001, 2004, and 2007, and by current standards for gas
appliances in Europe and Japan, which include similar requirements to
use combustion sensors to regulate CO production and shut down the
appliance or modulate its performance if CO production exceeds a
specified safe level. To date, no revisions to the ANSI Z21 voluntary
standards have been made that incorporate staff's proposed performance
requirements to address the hazard patterns discussed above. Therefore,
the existing ANSI Z21 voluntary standards currently do not adequately
address the risk of injury and death associated with CO production and
leakage from residential gas furnaces and boilers for the reasons
discussed above.
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\8\ This testing was initially used to support a CO shutoff/
response requirements proposed by CPSC staff to the same voluntary
standards organizations in 2001.
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B. International Standards
1. Japanese Gas Appliance Standards
The primary gas heating appliances used in Japan appear to be gas
water heaters, gas boilers, and gas space heaters. Based on our limited
review of the Japanese gas appliance market, instantaneous, tankless
gas water heaters appear to be more common than traditional gas water
heaters with storage tanks. The governing voluntary performance and
safety standards for these appliances in Japan are:
JIS-S-2109--Gas burning water heaters for domestic use
JIS-S-2112--Gas hydronic heating appliances for domestic
use \9\
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\9\ JIS-S-2112 and JIS-S-2122 were not available in English. To
confirm the existence of incomplete combustion preventive device
requirements with these standards, the table of contents and
sections of the standards pertaining to incomplete combustion,
carbon monoxide, and CO were translated from Japanese to English
using: https://www.bing.com/search?q=translate+from+japanese+to+english&form=IENTHT&mkt=en-us&httpsmsn=1&refig=ffc0d5a3070d45d3c5187baeb690b6dd&sp=1&ghc=1&qs=AS&pq=translate+from+japanese+to+english&sc=8-34&cvid=ffc0d5a3070d45d3c5187baeb690b6dd. Staff's partial
translation and review of these standards confirmed that they both
included requirements for devices to prevent incomplete combustion
to protect against CO poisoning and that were consistent with the
requirements in JIS-S-2109.
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JIS-S-2122--Gas burning space heaters for domestic use.
These Japanese Industrial Standards (JIS) have explicit performance
requirements for vented gas water heaters, gas boilers, and gas space
heaters that require shutoff of the appliance in response to CO levels
above a certain threshold (i.e., 300 ppm CO). The CO-detection
strategies used by Japanese manufacturers include detection of CO
within the combustion chamber of the appliance and shutoff or
combustion control in response to detection of hazardous levels of CO.
Although gas water heaters are not within the scope of the ANPR,
the Japanese standard, JIS-S-2109, is relevant because the combustion
process and technology involved in heating water is similar to the
combustion process and technology used for gas furnaces and boilers
sold in the United States. In addition, the Japanese standard's CO
shutoff requirements are similar to CPSC staff's 2000 and 2015 CO
shutoff/response proposals, and the CO detection and combustion
components are applicable to gas furnaces and boilers sold in the
United States.
To protect against CO exposure, JIS-S-2109 includes requirements
that vented gas water heaters be equipped with what they call an
``Incomplete Combustion Prevention Device'' (ICPD). A gas appliance
experiencing incomplete combustion means that the fuel is not being
burned or combusted completely, and as a result, can produce elevated
concentrations of CO. Section 7.7.6 of JIS-S-2109, Incomplete
Combustion Preventive Device of FE includes requirements that the water
[[Page 42852]]
heater shut off when CO concentrations reach 0.03 percent (300 ppm)
\10\ in:
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\10\ 0.03 percent converts to 300 ppm CO by multiplying 0.03
percent by 10,000.
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The room in which the water heater is installed; and
the adjacent room.
According to the Japanese Standards Association (JSA), the
Incomplete Combustion Preventative Device provisions in JIS-S-2109 have
been required since 2001. JSA also indicated that JIS-S-2109 does not
have separate performance standards for ICPDs, requirements for a
minimum life span for the device, and that these devices are replaced,
if necessary, based on use and functionality. All of the performance
requirements for ICPDs are specified in JIS-S-2109. In addition, JIS-S-
2109 includes flame roll-out and blocked vent requirements
(respectively, similar to the Flame Roll-Out and Blocked Vent Safety
requirements in ANSI Z21.13 and ANSI Z21.47).
Another similarity between the ICPD requirements of JIS-S-2109 and
CPSC staff's 2000 and 2015 CO shutoff/response proposals is that they
both necessitate that the device be within the harsh environment of
appliance combustion chamber, flue passageways, or vent system.
2. European Gas Appliance and Combustion Sensor Standards
Gas boilers are a common space-heating appliance used throughout
Europe in residential settings, and they are similar in design and
function to residential gas boilers certified to ANSI Z21.13 and sold
in the United States. The relevant European Committee for
Standardization (CEN) domestic gas boiler standards are:
EN 15502-1, Gas-fired heating boilers, Part 1: General
requirements and tests;
EN 15502-2-1, Gas-fired central heating boilers, Part 2-1:
Specific standard for type C appliances and type B2, B3 and B5
appliances of a nominal heat input not exceeding 1000 kW; and
EN 15502-2-2, Gas-fired central heating boilers, Part 2-2:
Specific standard for type B1 appliances.
These standards (EN 15502-1, EN 15502-2-1, and EN 15502-2-2)
include requirements to ensure the proper supply of combustion air and
gas to the combustion process (i.e., air proving) through the use of
one of the following mechanisms:
Carbon Monoxide (EN 15502-1, EN 15502-2-1, and EN 15502-2-
2);
Supervision of the combustion air pressure or the
combustion products pressure (EN 15502-1);
Supervision of the combustion air rate or the combustion
products rate (EN 15502-2-1 and EN 15502-2-2);
Gas/air ratio control (EN 15502-1, EN 15502-2-1, and EN
15502-2-2); or
Indirect supervision (e.g., fan speed supervision) (EN
15502-1).
The second and third bullets listed above, Supervision of the
combustion air rate or the combustion products rate, and Gas/air ratio
control, are the most similar to CPSC staff's 2000 and 2015 CO Shutoff
proposals to the ANSI Z21/83 Technical committee and furnace and boiler
subcommittees. Additionally, these standards include performance
requirements for blocked vents.
These standards also have combustion product discharge provisions,
which are similar to the Flame Roll-Out provisions of the ANSI
standards (i.e., ANSI Z21.13 and ANSI Z21.47).
In addition to the common requirements for all three of the
standards, EN 15502-2-1 also includes test conditions and CO emission
limits for: Boilers without gas/air ratio controls (Section 8.12.2.101)
and Boilers using gas/air ratio controls (Section 8.12.2.102). Both
requirements specify that the maximum permissible CO concentration not
exceed 0.10 percent (1,000 ppm). EN 15502-2-2 includes a provision,
Section 8.12.101, Supplementary test for natural draught boilers, which
specifies that the maximum permissible CO concentration not exceed 0.10
percent (1,000 ppm).
Unlike the JIS standards, the CEN includes separate standards for
combustion monitoring devices and controls that are used in domestic
gas boilers. The relevant CEN standards are:
EN 13611, Safety and control devices for burners and
appliances burning gaseous and/or liquid fuels--General requirements
This standard specifies the general safety, design, construction,
and performance requirements and testing for safety, control, or
regulating devices use for burners or appliances burning gaseous or
liquid fuels. The standard is designed to be used in conjunction with
the various CEN standards that govern the above types of control
devices. Because they address combustion process monitoring and
modulation, EN 12067-2 and EN 16340 are of particular relevance to this
ANPR.
EN 12067-2, Gas/air ratio controls for gas burners and gas
burning appliances--Part 2: Electronic types
This standard specifies the safety, construction, and performance
requirements for closed-loop electronic gas/air ratio control systems
(GARCs) for use with gas burners and gas-burning appliances. A GARC
provides the electromechanical interface to the burner or the gas valve
and the combustion air supply that allows these devices to be modulated
or controlled to increase or decrease gas flow or combustion air flow.
This allows the GARC to maintain the combustion efficiency of the
appliance by monitoring and maintaining an optimal gas/air ratio. An
optimal gas/air ratio ensures that the gas/air mixture supplied to the
appliance burner is burned completely, thereby maintaining combustion
efficiency.
EN 16340, Safety and control devices for burners and
appliances burning gaseous or liquid fuels--Combustion product sensing
devices
This standard specifies the safety, construction, and performance
requirements for combustion product-sensing devices (CPSD) designed to
measure combustion products, as part of combustion control systems for
burners and appliances that operate by burning gaseous or liquid fuels.
This standard covers sensing devices that measures CO, as well as other
flue gases. This standard is designed to be used in conjunction with EN
13611, Safety and control devices for burners and appliances burning
gaseous and/or liquid fuels--General requirements.
We note the similarities to CPSC staff's voluntary standards CO
Shutoff/Response proposals. EN 16340 is compatible with CPSC staff's CO
shutoff/response proposals because it establishes performance
requirements for a device that monitors: (1) Within the same parameters
(i.e., combustion gases, including CO); and (2) within the same harsh
environment (i.e., the combustion chamber). Consequently, these devices
are subject to the same harsh operating conditions (i.e., high
operating temperature, relative humidity, combustion gases, thermal
cycling) that the Z21/83 Technical Committee and its subordinate
technical subcommittees (for gas furnaces and boilers) and CO/
combustion sensor working groups raised questions about in response to
CPSC staff's 2000 and 2015 CO shutoff/response proposals.
3. International Standards as Examples of Technological Feasibility
A lack of technological feasibility can be a barrier to
implementing a new or proposed standard. Therefore, CPSC staff has
sought to identify technologies that might be capable of implementing
the staff-recommended CO shutoff/response proposals made to voluntary
standards groups in 2000 and 2015. In addition, staff has also assessed
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international standards that required the same or similar performance
requirements as staff's 2000 and 2015 CO shutoff/response proposals.
The Japanese and European standards discussed above identify several
gas-sensing technologies that are being used for CO shutoff or
combustion control of residential gas appliances in Japan and Europe.
As discussed, the CO-detection strategies used by Japanese
manufacturers include detection of CO within the combustion chamber of
the appliance and shutoff or combustion control in response. In Europe,
residential gas boilers are required to meet certain combustion-
efficiency requirements, as well as CO safety requirements. The
combustion-control strategies used by European gas boiler manufacturers
are often accomplished by monitoring the gas/air mixture, the
combustion flame, or the concentration of CO, oxygen, or carbon dioxide
within the combustion products. The combustion-control strategies are
also used to detect CO, but rather than shutting down the appliance, CO
production is either prevented or limited by modulating the appliance's
operation. The Japanese and European standards do not specify a minimum
lifespan for sensing devices used to implement their respective CO
safety and combustion efficiency requirements.
The Japanese and European standards demonstrate that it is
technologically feasible, using current technology, to address the
hazard patterns identified by staff regarding CO poisoning in a safety
standard. The Japanese and European standards discussed above are
examples of existing international standards that address the risk of
injury and death associated with CO production and leakage from
residential gas furnaces and boilers that are the subject of this ANPR.
VII. Regulatory Alternatives the Commission Is Considering
The Commission is considering several alternatives to address the
risk of death and injury associated with CO poisoning from residential
gas furnaces and boilers.
A. Mandatory Standard
The Commission could develop a rule under the CPSA establishing
performance requirements and/or warnings and instructions for
residential gas furnaces and boilers to prevent or reduce an
unreasonable risk of death or injury associated with the production and
leakage of CO from these products.
B. Rely on Voluntary Standards
The Commission could continue to address the hazard through
voluntary standards, ANSI Z21.13, ANSI Z21.47, and ANSI Z21.86, and
continue to work to develop more effective voluntary standard
requirements to address the identified hazards, instead of issuing a
mandatory rule. However, as previously discussed, the Commission
preliminarily believes that the existing ANSI standards do not
adequately reduce the risk of injury associated with residential gas
furnaces and boilers. The Commission is assessing the level of
compliance with the voluntary standards.
C. Reliance on Recalls
The Commission has recalled residential gas furnaces and boilers
related to CO leakage hazards. The Commission could continue to conduct
recalls, both voluntary and mandatory, instead of promulgating a
mandatory rule. However, recalls may not be as effective at reducing
the risk of injury as a mandatory standard. Recalls only apply to an
individual manufacturer and product and do not extend to similar
products. Additionally, recalls can only address products that are
already on the market, and cannot prevent unsafe products from entering
the market.
D. Information and Education Campaign
The Commission could continue to issue annual and semi-annual news
releases warning consumers about the dangers of CO poisoning and
promoting the importance of consumers getting annual safety inspections
of their residential fuel burning heating systems.
VIII. Request for Comments and Information
The Commission requests comments on all aspects of this ANPR, but
specifically requests comments regarding:
Information or analysis regarding mechanisms or
performance requirements to mitigate more effectively the following
hazard patterns that lead to CO production and leakage:
[cir] Inadequate air for combustion supplied to the appliance;
[cir] Too much fuel supplied to the appliance burner (i.e., over-
firing);
[cir] Reduction of burner flame temperature below the ignition
temperature of the combustion air-fuel mixture (i.e., flame quenching);
[cir] Disconnected or breached vent pipe, chimney, heat exchanger,
or flue passageway;
[cir] Partially blocked vent pipe, chimney, heat exchanger, or flue
passageways;
[cir] Snow blockage of side-wall vented gas appliances;
[cir] Improperly sized vent pipes; and
[cir] Depressurization of the room in which the gas appliance is
installed.
Studies, tests, analysis, or surveys performed to evaluate
the effectiveness of gas-sensing and shut-off devices and performance
standards, laws, or codes in reducing carbon monoxide fatalities and
injuries associated with the use of domestic gas furnaces, boilers,
water heaters and other gas heating appliances in Europe and Japan;
Studies or analysis of the costs of incorporating carbon
monoxide sensors or combustion controls systems into residential gas
furnaces, boilers, or water heaters in Japan, Europe, or the United
States;
Studies or analyses that evaluate secondary cost impacts
of using gas-sensing and shut-off devices in reducing carbon monoxide
fatalities and injuries associated with the use of domestic gas
furnaces, boilers, water heaters, and other gas heating appliances in
Europe and Japan;
Studies or analyses that evaluate the impact of carbon
monoxide fatalities and injuries associated with the use of domestic
gas furnaces, boilers, water heaters and other gas heating appliances
in Europe and Japan;
Data or analyses on the alternatives the Commission is
considering, including the cost and effectiveness of the CO shutoff/
response requirements under consideration;
Studies, test, or analyses that correlate the effects of
incomplete combustion to carbon monoxide production and changes in the
combustion efficiency of natural gas and propane appliances.
Information on any factors or trends that, independent of
any CPSC rulemaking, could act to reduce (or increase) CO poisoning
associated with gas furnaces, boilers, wall furnaces, and floor
furnaces described in the ANPR;
Information on any feasible means of addressing this
hazard, along with the specific costs that might be involved, including
information on the costs associated with the maintenance over the
service life of the equipment that would likely result from potential
remedies. We also request information on how effective the different
remedies would be in reducing the hazard;
Standards in Japan and some European Union countries
require some gas appliances to have a means by which CO production or
perhaps fuel consumption is measured. We request
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information on those standards, the means by which compliance with the
standards is achieved, the impact of the standards on the cost of
equipment, including the maintenance costs, and the effectiveness of
the standards at achieving their intended purpose;
Any available information on the distribution of CO
emissions of natural or LP gas furnaces in use, or in other words, the
number of gas furnaces that are not in compliance with the 400 ppm air-
free standard at any given time and the degree to which they might be
producing CO in excess of that standard. We also request information on
the causes of equipment producing excessive CO and their frequency of
occurrence, such as improper installation, changes in installation,
poor maintenance of the equipment, and so forth; and
Any available information on the relationship between
excessive CO production and fuel consumption and complete/incomplete
combustion in residential furnaces and boilers that are producing
excessive CO emissions may also be consuming excessive fuel or not
burning fuel completely.
Any available information on methods of alerting consumers
to the need to replace sensors or combination controls that have
stopped working on their furnaces or boilers (such as an alphanumeric
LED trouble or error code, a flashing light, or short-cycling of the
appliance).
In addition, the Commission invites interested parties to submit
any existing standards, or portions of them, for consideration as a
consumer product safety standard. The Commission also invites
interested persons to submit a statement of intention to modify or
develop a voluntary consumer product safety standard addressing the
risk of injury associated with CO poisoning from residential gas
furnaces and boilers, including a description of the plan to develop or
modify such a standard.
Please submit comments in accordance with the instructions in the
ADDRESSES section at the beginning of this ANPR.
Alberta E. Mills,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2019-17512 Filed 8-16-19; 8:45 am]
BILLING CODE 6355-01-P
