Notice2021-16997
Energy Conservation Program: Notification of Petition for Waiver of RefPlus Inc. From the Department of Energy Walk-In Coolers and Walk-In Freezers Test Procedure and Notification of Grant of Interim Waiver
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 10, 2021
Issuing agencies
Energy Department
Abstract
This notification announces receipt of and publishes a petition for waiver and interim waiver from RefPlus, Inc. ("RefPlus"), which seeks a waiver for specified carbon dioxide ("CO<INF>2</INF>") direct expansion unit cooler basic models from the U.S. Department of Energy ("DOE") test procedure used for determining the efficiency of walk-in cooler and walk-in freezer refrigeration systems. DOE also gives notification of an Interim Waiver Order that requires RefPlus to test and rate the specified CO<INF>2</INF> direct expansion unit cooler basic models in accordance with the alternate test procedure set forth in the Interim Waiver Order. DOE solicits comments, data, and information concerning RefPlus's petition and its suggested alternate test procedure so as to inform DOE's final decision on RefPlus's waiver request.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 151 (Tuesday, August 10, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 151 (Tuesday, August 10, 2021)]
[Notices]
[Pages 43633-43648]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16997]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
[Case Number 2021-006; EERE-2021-BT-WAV-0014]
Energy Conservation Program: Notification of Petition for Waiver
of RefPlus Inc. From the Department of Energy Walk-In Coolers and Walk-
In Freezers Test Procedure and Notification of Grant of Interim Waiver
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notification of petition for waiver and grant of an interim
waiver; request for comments.
-----------------------------------------------------------------------
SUMMARY: This notification announces receipt of and publishes a
petition for waiver and interim waiver from RefPlus, Inc.
(``RefPlus''), which seeks a waiver
[[Page 43634]]
for specified carbon dioxide (``CO<INF>2</INF>'') direct expansion unit
cooler basic models from the U.S. Department of Energy (``DOE'') test
procedure used for determining the efficiency of walk-in cooler and
walk-in freezer refrigeration systems. DOE also gives notification of
an Interim Waiver Order that requires RefPlus to test and rate the
specified CO<INF>2</INF> direct expansion unit cooler basic models in
accordance with the alternate test procedure set forth in the Interim
Waiver Order. DOE solicits comments, data, and information concerning
RefPlus's petition and its suggested alternate test procedure so as to
inform DOE's final decision on RefPlus's waiver request.
DATES: Written comments and information are requested and will be
accepted on or before September 9, 2021.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. Alternatively,
interested persons may submit comments, identified by docket number
EERE-2021-BT-WAV-0014, by any of the following methods:
1. Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the
instructions for submitting comments.
2. Email: to <a href="/cdn-cgi/l/email-protection#66342320362a333554565457312730565657522603034802090348010910"><span class="__cf_email__" data-cfemail="e7b5a2a1b7abb2b4d5d7d5d6b0a6b1d7d7d6d3a78282c9838882c9808891">[email protected]</span></a>. Include docket number
EERE-2021-BT-WAV-0014 in the subject line of the message.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see the SUPPLEMENTARY INFORMATION section of this document.
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 suspending receipt of
public comments via postal mail and hand delivery/courier. 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,
comments, and other supporting documents/materials, is available for
review at <a href="http://www.regulations.gov">www.regulations.gov</a>. All documents in the docket are listed
in the <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="https://www.regulations.gov/docket?D=EERE-2021-BT-WAV-0014">https://www.regulations.gov/docket?D=EERE-2021-BT-WAV-0014</a>. The docket web page contains
instruction on how to access all documents, including public comments,
in the docket. See the SUPPLEMENTARY INFORMATION section for
information on how to submit comments through <a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, Mailstop EE-5B, 1000 Independence Avenue SW,
Washington, DC 20585-0121. Email: <a href="/cdn-cgi/l/email-protection#86c7d5d9d1e7eff0e3f4d9d4e3f7f3e3f5f2c6e3e3a8e2e9e3a8e1e9f0"><span class="__cf_email__" data-cfemail="9edfcdc1c9fff7e8fbecc1ccfbefebfbedeadefbfbb0faf1fbb0f9f1e8">[email protected]</span></a>.
Mr. Michael Kido, U.S. Department of Energy, Office of the General
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue
SW, Washington, DC 20585-0103. Telephone: (202) 586-8145. Email:
<a href="/cdn-cgi/l/email-protection#521f3b313a33373e7c193b363d123a237c363d377c353d24"><span class="__cf_email__" data-cfemail="064b6f656e67636a284d6f6269466e772862696328616970">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: In this notice, DOE is publishing RefPlus's
petition for waiver in its entirety, pursuant to 10 CFR
431.401(b)(1)(iv)).\1\ DOE is also publishing the Interim Waiver Order
granted to RefPlus, which serves as notification of DOE's determination
regarding RefPlus's petition for an interim waiver, pursuant to 10 CFR
431.401(e)(1)(ii). DOE invites all interested parties to submit in
writing by September 9, 2021, comments and information on all aspects
of the petition, including the alternate test procedure. Pursuant to 10
CFR 431.401(d), any person submitting written comments to DOE must also
send a copy of such comments to the petitioner. The contact information
for the petitioner is Michel Lecompte, <a href="/cdn-cgi/l/email-protection#93fefff6f0fcfee3e7f6d3e1f6f5e3ffe6e0bdf0fcfe"><span class="__cf_email__" data-cfemail="93fefff6f0fcfee3e7f6d3e1f6f5e3ffe6e0bdf0fcfe">[email protected]</span></a>, 2777,
Grande-All[eacute]e St-Hubert, Quebec Canada, J4T 2R4.
---------------------------------------------------------------------------
\1\ The petition did not identify any of the information
contained therein as confidential business information.
---------------------------------------------------------------------------
Submitting comments via <a href="http://www.regulations.gov">www.regulations.gov</a>. The
<a href="http://www.regulations.gov">www.regulations.gov</a> 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. If this instruction is followed, 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 <a href="http://www.regulations.gov">www.regulations.gov</a> information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a>
provides after you have successfully uploaded your comment.
Submitting comments via email. Comments and documents submitted via
email also will be posted to <a href="http://www.regulations.gov">www.regulations.gov</a>. 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. Faxes will not be accepted.
[[Page 43635]]
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. According 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. 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).
Case Number 2021-006
Interim Waiver Order
I. Background and Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\2\
authorizes the U.S. Department of Energy (``DOE'') to regulate the
energy efficiency of a number of consumer products and certain
industrial equipment. (42 U.S.C. 6291-6317). Title III, Part C \3\ of
EPCA, Public Law 94-163 (42 U.S.C. 6291-6309, as codified), added by
the National Energy Conservation Policy Act, Public Law 95-619, sec.
441 (Nov. 9, 1978), established the Energy Conservation Program for
Certain Industrial Equipment, which sets forth a variety of provisions
designed to improve energy efficiency for certain types of industrial
equipment. Through amendments brought about by the Energy Independence
and Security Act of 2007, Public Law 110-140, sec. 312 (Dec. 19, 2007),
this equipment includes walk-in coolers and walk-in freezers
(collectively ``walk-ins''), the subject of this Interim Waiver Order.
(42 U.S.C. 6311(1)(G)).
---------------------------------------------------------------------------
\2\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020).
\3\ For editorial reasons, upon codification in the U.S. Code,
Part C was redesignated as Part A-1.
---------------------------------------------------------------------------
The energy conservation program under EPCA consists essentially of
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA include definitions (42 U.S.C. 6311), energy
conservation standards (42 U.S.C. 6313), test procedures (42 U.S.C.
6314), labeling provisions (42 U.S.C. 6315), and the authority to
require information and reports from manufacturers (42 U.S.C. 6316).
The Federal testing requirements consist of test procedures that
manufacturers of covered equipment must use as the basis for: (1)
Certifying to DOE that their equipment complies with the applicable
energy conservation standards adopted pursuant to EPCA (42 U.S.C.
6316(a); 42 U.S.C. 6295(s)), and (2) making representations about the
efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE must
use these test procedures to determine whether the covered equipment
complies with relevant standards promulgated under EPCA. (42 U.S.C.
6316(a); 42 U.S.C. 6295(s)).
Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures
DOE is required to follow when prescribing or amending test procedures
for covered equipment. EPCA requires that any test procedures
prescribed or amended under this section must be reasonably designed to
produce test results which reflect the energy efficiency, energy use or
estimated annual operating cost of covered equipment during a
representative average use cycle and requires that test procedures not
be unduly burdensome to conduct. (42 U.S.C.6314(a)(2)) The test
procedure for walk-in refrigeration systems is contained in the Code of
Federal Regulations (``CFR'') at 10 CFR part 431, subpart R, appendix
C, Uniform Test Method for the Measurement of Net Capacity and AWEF of
Walk-In Cooler and Walk-In Freezer Refrigeration Systems (``Appendix
C'').
Under 10 CFR 431.401, any interested person may submit a petition
for waiver from DOE's test procedure requirements. DOE will grant a
waiver from the test procedure requirements if DOE determines either
that the basic model for which the waiver was requested contains a
design characteristic that prevents testing of the basic model
according to the prescribed test procedures, or that the prescribed
test procedures evaluate the basic model in a manner so
unrepresentative of its true energy consumption characteristics as to
provide materially inaccurate comparative data. 10 CFR 431.401(f)(2). A
petitioner must include in its petition any alternate test procedures
known to the petitioner to evaluate the performance of the product type
in a manner representative of the energy consumption characteristics of
the basic model. 10 CFR 431.401(b)(1)(iii). DOE may grant the waiver
subject to conditions, including adherence to alternate test
procedures. 10 CFR 431.401(f)(2).
As soon as practicable after the granting of any waiver, DOE will
publish in the Federal Register a notice of proposed rulemaking to
amend its regulations so as to eliminate any need for the continuation
of such waiver. 10 CFR 431.401(l). As soon thereafter as practicable,
DOE will publish in the Federal Register a final rule to that effect.
Id.
The waiver process also provides that DOE may grant an interim
waiver if it appears likely that the underlying petition for waiver
will be granted and/or if DOE determines that it would be desirable for
public policy reasons to grant immediate relief pending a determination
on the underlying petition for waiver. 10 CFR 431.401(e)(2). Within one
year of issuance of an interim waiver, DOE will either: (i) Publish in
the Federal Register a determination on the petition for waiver; or
(ii) publish in the Federal Register a new or amended test procedure
that addresses the issues presented in the waiver. 10 CFR
431.401(h)(1).
If DOE ultimately denies the petition for waiver, or if the
alternate test procedure specified in the interim waiver differs from
the alternate test procedure specified by DOE in a subsequent Decision
and Order, DOE will provide a period of 180 days before the
manufacturer is required to use the DOE test procedure or the alternate
test procedure specified in the Decision and Order to make
representations of energy efficiency. 10 CFR 431.401(i).\4\ When
[[Page 43636]]
DOE amends the test procedure to address the issues presented in a
waiver, the waiver will automatically terminate on the date on which
use of that test procedure is required to demonstrate compliance. 10
CFR 431.401(h)(3).
---------------------------------------------------------------------------
\4\ In proposing an amendment to 10 CFR 431.401(i), DOE stated
that--``The 180 day duration was proposed because that time frame is
consistent with the EPCA provision that provides manufacturers 180
days from issuance of a new or amended test procedure to begin using
that test procedure for representation of energy efficiency.'' 84 FR
18414, 18416 (May 1, 2019); (See 42 U.S.C. 6293(c)(2)). In the final
rule published December 11, 2020, stated that it was maintaining the
180-day grace period as proposed. 85 FR 79802, 79813. As such, were
a Decision and Order issued with an alternate test procedure that
differed from that required under this interim waiver, beginning 180
days following publication of the Decision and Order any
representations made by the petitioner must fairly disclose the
results of testing in accordance with the alternate test procedure
specified by the final Order and the applicable requirements of 10
CFR part 429.
---------------------------------------------------------------------------
II. RefPlus's Petition for Waiver and Interim Waiver
On June 2, 2021, DOE received \5\ from RefPlus a petition for
waiver and interim waiver from the test procedure for walk-in
refrigeration systems set forth at 10 CFR part 431, subpart R, appendix
C. (RefPlus, No. 1 at p. 1).\6\ DOE received an updated petition for
waiver and interim waiver from RefPlus on July 12, 2021. (RefPlus, No.
2 at p. 1). The updated petition specifies additional basic models to
be considered under the waiver request. (RefPlus, No. 2 at pp. 2-5).
Pursuant to 10 CFR 431.401(b)(1)(iv), DOE has posted both petitions to
the docket at, at: <a href="http://www.regulations.gov/docket/EERE-2021-BT-WAV-0014">www.regulations.gov/docket/EERE-2021-BT-WAV-0014</a> and
has reproduced the most recent petition for waiver in this notice.\7\
---------------------------------------------------------------------------
\5\ A petition submitted under 10 CFR 431.401 is considered
``received'' on the date it is received by DOE through DOE's
established email box for receipt of waiver petitions or, if
delivered by mail, on the date the waiver petition is stamped as
received by DOE. 10 CFR 431.401(e)(1)(iii).
\6\ A notation in the form ``RefPlus, No. 1'' identifies a
written submission: (1) Made by RefPlus; and (2) recorded in
document number 1 that is filed in the docket of this petition for
waiver (Docket No. EERE-2021-BT-WAV-0014) and available at
<a href="http://www.regulations.gov/docket?D=EERE-2021-BT-WAV-0014">www.regulations.gov/docket?D=EERE-2021-BT-WAV-0014</a>.
\7\ The petition did not identify any of the information
contained therein as confidential business information.
---------------------------------------------------------------------------
RefPlus claims that the test conditions described in Table 15 and
Table 16 of the Air-Conditioning, Heating, and Refrigeration Institute
(``AHRI'') Standard 1250-2009, Standard for Performance Rating of Walk-
In Coolers and Freezers (``AHRI 1250-2009'') (for walk-in refrigerator
unit coolers and freezer unit coolers tested alone, respectively), as
incorporated by Appendix C with modification, cannot be achieved by the
specified basic models and are not consistent with the operation of
RefPlus's CO<INF>2</INF> direct expansion unit coolers. RefPlus also
stated that CO<INF>2</INF> has a critical temperature of 87.8
[deg]F,\8\ and thus the required liquid inlet saturation temperature of
105 [deg]F and the required liquid inlet subcooling temperature of 9
[deg]F are not achievable, and that the test conditions should be more
consistent with typical operating conditions for a transcritical
CO<INF>2</INF> booster system (RefPlus, No. 2, p. 5).
---------------------------------------------------------------------------
\8\ The test procedure specifies the unit cooler refrigerant
inlet condition in terms of a saturation temperature (the
temperature at which it completes the condensation process in a
condenser) and the subcooling temperature (additional reduction in
temperature lower than the specified saturation temperature). For
CO<INF>2</INF>, the critical temperature above which there cannot
exist separate liquid and gas phases is below the saturation
condition specified in the test procedure, hence the specified
condition cannot be achieved.
---------------------------------------------------------------------------
The statements made by RefPlus reference the difference in
thermodynamic properties between CO<INF>2</INF> and other refrigerants.
Many substances transition from a solid to a liquid to a gas at a given
pressure as temperature increases. For example, a pure substance like
water transitions from liquid to steam at a specific temperature, e.g.
212 [deg]F, at atmospheric pressure. As heat is added during a liquid
to gas transition, the temperature remains constant and the substance
coexists as both liquid and vapor. Continuing to add heat converts more
of the liquid to vapor at a constant temperature. The reverse occurs
when heat is removed. However, the transition temperature depends on
the pressure--the higher the pressure, the higher the transition
temperature. This is a key principle in refrigeration systems, which
operate at two pressure levels associated with two temperatures. A
refrigerant absorbs heat when it is at a low temperature and pressure,
converting to gas and cooling the surrounding space. At high
temperature and pressure, the refrigerant transitions to a liquid while
releasing heat to the environment. A compressor is used to raise a gas
from low- high-pressure, and a throttle (pressure reduction device) is
used to reduce the pressure once the refrigerant has been fully
liquefied (condensed) at high pressure.
All refrigerants have a ``critical temperature'' and an associated
``critical pressure'' above which liquid and vapor phases cannot
coexist. Above this critical point, the refrigerant will be a gas and
its temperature will increase or decrease as heat is added or removed.
For conventional refrigerants, the critical temperature is never
exceeded in typical refrigeration cycles. For example, R404A is a
common refrigerant used in refrigeration systems and has a critical
temperature of 161.7 [deg]F with an associated critical pressure of
540.8 psia.\9\ However, CO<INF>2</INF> behaves differently, with a
critical temperature of 87.8 [deg]F and an associated critical pressure
of 1,072 psia. The refrigerant temperature must be somewhat higher than
the ambient temperature in order to reject refrigeration cycle heat to
the ambient environment. Ambient temperatures greater than 87.8 [deg]F
are common and the performance of many refrigeration and air
conditioning systems are tested using a 95 [deg]F ambient temperature,
as indicated by the A test condition in AHRI 1250-2009 Section 5. Above
the critical temperature and critical pressure, the CO<INF>2</INF>
refrigerant is in a supercritical state and heat is transferred to the
environment. Since the temperature of the CO<INF>2</INF> refrigerant
ranges from supercritical to subcritical within the system,
CO<INF>2</INF> cycles are said to be ``transcritical.''
---------------------------------------------------------------------------
\9\ Absolute pressure is the pressure measured relative to a
complete vacuum; ``psia'' represents the absolute pressure in pounds
per square inch.
---------------------------------------------------------------------------
The transcritical nature of CO<INF>2</INF> generally requires a
more complex refrigeration cycle design to approach the efficiency of
traditional refrigerants (i.e., R404A, R407A, R448A, etc.) during
operation in high temperature conditions. To increase efficiency and
prevent overheating, transcritical booster systems introduce (or use)
multiple stages of compression and intercooling. CO<INF>2</INF> is
cooled in the gas cooler of a transcritical booster system, then
expands through a high-pressure control valve and is delivered to a
subcritical-pressure flash tank. In the flash tank, the refrigerant is
in the subcritical phase and the liquid and vapor phases can be
separated. In a CO<INF>2</INF> booster system, subcooled liquid
refrigerant from the flash tank supplies the unit cooler via expansion
valves where the refrigerant is evaporated. The evaporated refrigerant
is subsequently compressed up to gas cooler pressure to complete the
cycle (Docket EERE-2021-BT-WAV-0014, No. 5).
As noted, RefPlus requests an interim waiver from the existing DOE
test procedure. DOE will review the petition for interim waiver within
45 business days of receipt of the petition. 10 CFR 431.401(e)(1)(ii).
If DOE does not notify the applicant of the disposition of the petition
for interim waiver, in writing, within 45 business days of receipt of
the petition, the interim waiver is granted utilizing the alternate
test procedure requested in the petition. Id. DOE will grant an interim
waiver if it appears likely that the petition for waiver will be
granted, and/or if DOE determines that it would be desirable for public
policy
[[Page 43637]]
reasons to grant immediate relief pending a determination of the
petition for waiver. 10 CFR 431.401(e)(2).
Based on the assertions in the petition, absent an interim waiver,
the prescribed test procedure is not appropriate for RefPlus's
CO<INF>2</INF> direct expansion unit coolers and the test conditions
are not achievable. As discussed, CO<INF>2</INF> refrigerant has a
critical temperature of 87.8 [deg]F and the current DOE test procedure
calls for a liquid inlet saturation temperature of 105 [deg]F. The
inability to achieve test conditions for the stated basic models would
result in economic hardship from loss of sales stemming from the
inability of the DOE test procedure to address the operating conditions
of RefPlus's equipment. DOE has published decision and orders granting
a waiver for other equipment relying on the same technology.\10\
---------------------------------------------------------------------------
\10\ See Notice of Decision and Order granting a waiver to HTPG
(Case No. 2020-009; 86 FR 14887 (Mar. 19, 2021)); Notice of Decision
and Order granting a waiver to Hussmann (Case No. 2020-010; 86 FR
24606 (May 7, 2021)); Notice of Decision and Order granting a waiver
to KeepRite (Case No. 2020-014; 86 FR 24603 (May 7, 2021)).
---------------------------------------------------------------------------
III. Requested Alternate Test Procedure
EPCA requires that manufacturers use DOE test procedures when
making representations about the energy consumption and energy
consumption costs of covered equipment. (42 U.S.C. 6314(d)).
Consistency is important when making representations about the energy
efficiency of covered equipment, including when demonstrating
compliance with applicable DOE energy conservation standards. Pursuant
to 10 CFR 431.401, and after consideration of public comments on the
petition, DOE may establish in a subsequent Decision and Order an
alternate test procedure for the basic models addressed by the Interim
Waiver Order.
RefPlus seeks to use an alternate test procedure to test and rate
specific CO<INF>2</INF> direct expansion unit cooler basic models.
RefPlus's suggested approach specifies using modified liquid inlet
saturation and liquid inlet subcooling temperatures of 38 [deg]F and 5
[deg]F, respectively, for both walk-in refrigerator unit coolers and
walk-in freezer unit coolers. (RefPlus, No. 2 at p. 5). Additionally,
RefPlus recommended that because the subject units are used in
transcritical CO<INF>2</INF> booster systems, the calculations in AHRI
1250-2009 section 7.9 should be used to determine Annual Walk-in
Efficiency Factor (``AWEF'') and net capacity for unit coolers matched
to parallel rack systems as required under the DOE test procedure.
(RefPlus, No. 2 at pp. 5-6). This section of AHRI 1250-2009 is
prescribed by the DOE test procedure for determining AWEF for all unit
coolers tested alone (see 10 CFR part 431, subpart R, appendix C,
section 3.3.1). Finally, RefPlus also recommended that AHRI 1250-2009
Table 17, EER for Remote Commercial Refrigerated Display Merchandisers
and Storage Cabinets, should be used to determine power consumption of
CO<INF>2</INF> direct expansion unit cooler systems as required under
the DOE test procedure (RefPlus, No. 2 at p. 5).
IV. Interim Waiver Order
DOE has reviewed RefPlus's application for an interim waiver, the
alternate test procedure requested by RefPlus, and the websites and
product specification sheets for the basic models listed in RefPlus's
petition. Based on this review, the suggested alternate test procedure
appears to allow for the accurate measurement of the energy efficiency
of the specified basic models, while alleviating the testing issues
associated with RefPlus's implementation of walk-in cooler and walk-in
freezer testing for these basic models. Review of the CO<INF>2</INF>
refrigeration market confirms that the testing conditions and approach
suggested by RefPlus would be representative for operation of a unit
cooler used in a transcritical CO<INF>2</INF> booster system (Docket
EERE-2021-BT-WAV-0014, No. 4). Specifically, CO<INF>2</INF> that is
cooled in the gas cooler of a transcritical booster system expands
through a high-pressure control valve that delivers CO<INF>2</INF> to a
subcritical-pressure flash tank, where liquid and vapor phases of the
refrigerant are separated. The liquid is then split, and the unit
coolers receive the refrigerant at the same condition, consistent with
the use of the same liquid inlet saturation temperature for both the
medium- and low-temperature systems in RefPlus's suggested test
approach. Calculations on other external CO<INF>2</INF> refrigeration
system designs in the market indicate that the 38 [deg]F liquid unit
cooler inlet saturation temperature suggested by RefPlus is
representative of CO<INF>2</INF> booster systems (Docket EERE-2021-BT-
WAV-0014, No. 5). Regarding use of the EER values in AHRI 1250-2009
Table 17 to determine the representative compressor power consumption
for CO<INF>2</INF> unit cooler systems, research into the performance
of different configurations of CO<INF>2</INF> booster systems shows
that enhanced CO<INF>2</INF> cycles (like those used in transcritical
booster systems) can match conventional refrigerants in average annual
efficiency (Docket EERE-2021-BT-WAV-0014, No. 3). The findings from
this research, along with the other collective factors previously
noted, justify the use of the EER values in AHRI 1250-2009 Table 17 for
determining the power consumption for CO<INF>2</INF> booster system
evaporators, despite these EER values being initially established for
systems using conventional refrigerants. Consequently, DOE has
determined that RefPlus's petition for waiver likely will be granted.
Furthermore, DOE has determined that it is desirable for public policy
reasons to grant RefPlus immediate relief pending a determination of
the petition for waiver.
For the reasons stated, it is ordered that:
(1) RefPlus must test and rate the following RefPlus-branded,
CO<INF>2</INF> direct expansion unit cooler basic models with the
alternate test procedure set forth in paragraph (2).
Basic Model Numbers:
BILLING CODE 6450-01-P
[[Page 43638]]
[GRAPHIC] [TIFF OMITTED] TN10AU21.010
[[Page 43639]]
[GRAPHIC] [TIFF OMITTED] TN10AU21.011
[[Page 43640]]
[GRAPHIC] [TIFF OMITTED] TN10AU21.012
(2) The alternate test procedure for the RefPlus basic models
identified in paragraph (1) of this Interim Waiver Order is the test
procedure for walk-in cooler and walk-in freezer refrigeration systems
prescribed by DOE at 10 CFR
[[Page 43641]]
part 431, subpart R, appendix C (``Appendix C''), except that the
liquid inlet saturation temperature test condition and liquid inlet
subcooling temperature test condition shall be modified to 38 [deg]F
and 5 [deg]F, respectively, for both walk-in refrigerator unit coolers
and walk-in freezer unit coolers, as detailed below. All other
requirements of Appendix C and DOE's regulations remain applicable.
In Appendix C, under section 3.1. General modifications: Test
Conditions and Tolerances, revise section 3.1.5., to read as follows:
3.1.5. Tables 15 and 16 shall be modified to read as follows:
[GRAPHIC] [TIFF OMITTED] TN10AU21.013
[[Page 43642]]
[GRAPHIC] [TIFF OMITTED] TN10AU21.014
(3) Representations. RefPlus may not make representations about the
energy efficiency of a basic model listed in paragraph (1) for
compliance, marketing, or other purposes unless that basic model has
been tested in accordance with the provisions set forth in this
alternate test procedure and such representations fairly disclose the
results of such testing.
(4) This Interim Waiver Order shall remain in effect according to
the provisions of 10 CFR 431.401.
(5) This Interim Waiver Order is issued on the condition that the
statements, representations, test data, and documentary materials
provided by RefPlus are valid. If RefPlus makes any modifications to
the controls or configurations of a basic model subject to this Interim
Waiver Order, such modifications will render the waiver invalid with
respect to that basic model, and RefPlus will either be required to use
the current Federal test method or submit a new application for a test
procedure waiver. DOE may rescind or modify this waiver at any time if
it determines the factual basis underlying the petition for the Interim
Waiver Order is incorrect, or the results from the alternate test
procedure are unrepresentative of the basic model's true energy
consumption characteristics. 10 CFR 431.401(k)(1). Likewise, RefPlus
may request that DOE rescind or modify the Interim Waiver Order if
RefPlus discovers an error in the information provided to DOE as part
of its petition, determines that the interim waiver is no longer
needed, or for other appropriate reasons. 10 CFR 431.401(k)(2).
(6) Issuance of this Interim Waiver Order does not release RefPlus
from the applicable requirements set forth at 10 CFR part 429.
DOE makes decisions on waivers and interim waivers for only those
basic models specifically set out in the petition, not future models
that may be manufactured by the petitioner. RefPlus may submit a new or
amended petition for waiver and request for grant of interim waiver, as
appropriate, for additional basic models of CO<INF>2</INF> direct
expansion unit coolers. Alternatively, if appropriate, RefPlus may
request that DOE extend the scope of a waiver or an interim waiver to
include additional basic models employing the same technology as the
basic model(s) set forth in the original petition consistent with 10
CFR 431.401(g).
Signing Authority
This document of the Department of Energy was signed on August 3,
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
[[Page 43643]]
the legal effect of this document upon publication in the Federal
Register.
Signed in Washington, DC, on August 5, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
Application for Interim Waiver
Request for Interim Waiver from a DOE test procedure pursuant to
provisions described in 10 CFR 431.401 for the following product on the
grounds that ``the basic model contains one or more design
characteristics that prevent testing of the basic model according to
the prescribed test procedures.''
CO2 Direct Expansion Unit Coolers in Medium and Low Temperature
[GRAPHIC] [TIFF OMITTED] TN10AU21.015
The design characteristics constituting the grounds for the Interim
Waiver Application:
<bullet> Appendix C to Subpart R of Part 431--Uniform Test Method
for the Measurement of Net Capacity and AWEF of Walk-in Cooler and
Walk-in Freezer Refrigeration Systems specifies that unit coolers
tested alone use the test procedures described in AHRI 1250-2009. Table
15 and Table 16 of AHRI 1250-2009 are as follows:
[GRAPHIC] [TIFF OMITTED] TN10AU21.016
[[Page 43644]]
[GRAPHIC] [TIFF OMITTED] TN10AU21.017
<bullet> CO<INF>2</INF> refrigerant has a critical temperature of
87.8 [deg]F thus the liquid inlet saturation temperature of 105 [deg]F
and the liquid inlet subcooling temperature of 9 [deg]F as specified in
Table 15 and Table 16 are not achievable.
<bullet> The test condition values need to be more inline with
typical operating conditions for a CO<INF>2</INF> refrigeration
application
[GRAPHIC] [TIFF OMITTED] TN10AU21.018
[[Page 43645]]
[GRAPHIC] [TIFF OMITTED] TN10AU21.019
[[Page 43646]]
[GRAPHIC] [TIFF OMITTED] TN10AU21.020
[[Page 43647]]
[GRAPHIC] [TIFF OMITTED] TN10AU21.021
All these basic models with brand name: RefPlus
Specific Requirements sought to be waived--Petitioning for a waiver
and interim waiver to exempt CO<INF>2</INF> Direct Expansion Unit
Coolers in Medium and Low Temperature application from being tested to
the current test procedure. The prescribed test procedure is not
appropriate for these products for the reasons stated previously
(liquid inlet saturation temperature and liquid inlet subcooling
temperature test condition values are not appropriate for a
transcritical CO<INF>2</INF> booster system application).
List of manufacturers of all other basic models marketing in the
United States and known to the petitioner to incorporate similar design
characteristics--
Manufacturer: Heatcraft Refrigeration Products
Manufacturer: Heat Transfer Products Group (HTPG)
Manufacturer: Hussmann Corp. (Krack)
Manufacturer: Keeprite Refrigeration
Proposed alternate test procedure
1. Utilize the test procedure as outlined in Appendix C to Subpart
R of Part 431--Uniform Test Method for the Measurement of Net Capacity
and AWEF of Walk-in Cooler and Walk-in Freezer Refrigeration Systems
with reference to AHRI 1250-2009 with the exception of modifying the
test conditions in Table 15 and 16 for liquid inlet saturation
temperature and liquid inlet subcooling temperature as noted below. In
addition, per Appendix C to Subpart R of 431 use the calculations in
AHRI 1250 section 7.9 to determine AWEF and net capacity for unit
coolers matched to parallel rack systems. Use AHRI 1250 Table 17, EER
for Remote Commercial Refrigerated Display Merchandisers and Storage
Cabinets to determine the power consumption of the system.
[GRAPHIC] [TIFF OMITTED] TN10AU21.022
[[Page 43648]]
[GRAPHIC] [TIFF OMITTED] TN10AU21.023
Success of the application for Interim Waiver will: ensure that
manufacturers of CO<INF>2</INF> Direct Expansion Unit Coolers in Medium
and Low Temperature application can continue to participate in the
market
What economic hardship and/or competitive disadvantage is likely to
result absent a favorable determination on the Application for Interim
Waiver--Economic hardship will be loss of sales due to not meeting the
DOE requirements set forth.
Conclusion
RefPlus Inc. seeks an Interim Waiver from DOE's current requirement
to test CO<INF>2</INF> direct expansion unit coolers.
Request Submitted by:
/s/
Michel Lecompte,
Vice-President, Research & Development Refplus Inc.
[FR Doc. 2021-16997 Filed 8-9-21; 8:45 am]
BILLING CODE 6450-01-C
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 10, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.