Rule2021-25537
Energy Conservation Program: Energy Conservation Standards for Direct Heating Equipment
Primary source
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Published
November 23, 2021
Effective
December 23, 2021
Issuing agencies
Energy Department
Abstract
The Energy Policy and Conservation Act, as amended (``EPCA''), prescribes energy conservation standards for various consumer products, including direct heating equipment (``DHE''). EPCA also requires the U.S. Department of Energy (``DOE'') to periodically determine whether more-stringent, amended standards would be technologically feasible and economically justified, and would result in significant energy savings. After carefully considering the available market and technical information for these products, DOE has concluded in this document that the technology options, product cost, and energy use have not changed significantly, and that the market for DHE (i.e., number of models available and annual shipments) has decreased since DOE's prior determination that the energy conservation standards do not need to be amended. As such, DOE has determined that amended energy conservation standards are not warranted.
Full Text
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<title>Federal Register, Volume 86 Issue 223 (Tuesday, November 23, 2021)</title>
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[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Rules and Regulations]
[Pages 66403-66424]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25537]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 86, No. 223 / Tuesday, November 23, 2021 /
Rules and Regulations
[[Page 66403]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2019-BT-STD-0002]
RIN 1904-AE31
Energy Conservation Program: Energy Conservation Standards for
Direct Heating Equipment
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final determination.
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SUMMARY: The Energy Policy and Conservation Act, as amended (``EPCA''),
prescribes energy conservation standards for various consumer products,
including direct heating equipment (``DHE''). EPCA also requires the
U.S. Department of Energy (``DOE'') to periodically determine whether
more-stringent, amended standards would be technologically feasible and
economically justified, and would result in significant energy savings.
After carefully considering the available market and technical
information for these products, DOE has concluded in this document that
the technology options, product cost, and energy use have not changed
significantly, and that the market for DHE (i.e., number of models
available and annual shipments) has decreased since DOE's prior
determination that the energy conservation standards do not need to be
amended. As such, DOE has determined that amended energy conservation
standards are not warranted.
DATES: The effective date of this final determination is December 23,
2021.
ADDRESSES: The docket for this activity, which includes Federal
Register notices, public meeting attendee lists and transcripts,
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 information that is exempt from public disclosure, may
not be publicly available.
The docket web page can be found at <a href="http://www.regulations.gov/document?D=EERE-2019-BT-STD-0002">www.regulations.gov/document?D=EERE-2019-BT-STD-0002</a>. The docket web page contains
instructions on how to access all documents, including public comments,
in the docket.
For further information on how to review the docket, contact the
Appliance and Equipment Standards Program staff at (202) 287-1445 or by
email: <a href="/cdn-cgi/l/email-protection#a5e4d5d5c9ccc4cbc6c0f6d1c4cbc1c4d7c1d6f4d0c0d6d1cccacbd6e5c0c08bc1cac08bc2cad3"><span class="__cf_email__" data-cfemail="de9faeaeb2b7bfb0bdbb8daabfb0babfacbaad8fabbbadaab7b1b0ad9ebbbbf0bab1bbf0b9b1a8">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT:
Ms. Julia Hegarty, 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:
(240) 597-6737. Email: <a href="/cdn-cgi/l/email-protection#377647475b5e5659545264435659535645534466425244435e5859447752521953585219505841"><span class="__cf_email__" data-cfemail="3a7b4a4a56535b54595f694e5b545e5b485e496b4f5f494e535554497a5f5f145e555f145d554c">[email protected]</span></a>.
Ms. Linda Field, U.S. Department of Energy, Office of the General
Counsel, GC-62, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-3440. Email: <a href="/cdn-cgi/l/email-protection#2e6247404a4f0068474b424a6e465f004a414b00494158"><span class="__cf_email__" data-cfemail="eaa683848e8bc4ac838f868eaa829bc48e858fc48d859c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Synopsis of the Final Determination
II. Authority and Background
A. Authority
B. Rulemaking History
1. Current Standards
2. October 2016 Final Determination
a. Unvented Heaters
b. Vented Heaters
3. Current Rulemaking
III. General Discussion
A. Product Classes and Scope of Coverage
1. Scope of Coverage and Definitions
a. Unvented Heaters
b. Vented Heaters
2. Product Classes
3. Hearth Heaters
B. Analysis for This Final Determination
1. Overview of the Analysis
a. Technological Feasibility
b. Energy Savings
c. Cost-Effectiveness
d. Further Considerations
2. Unvented Heaters
3. Vented Heaters
a. Market Assessment
b. Technology Options for Efficiency Improvement
c. Screening Analysis
d. Engineering Analysis
e. Energy Use Analysis
f. Life-Cycle Cost and Payback Period Analysis
g. Shipments
h. National Energy Savings
i. Manufacturer Impacts
C. Final Determination
1. Unvented Heaters
2. Vented Heaters
a. Technological Feasibility
b. Cost-Effectiveness
c. Significant Energy Savings
d. Further Considerations
e. Standby Mode and Off Mode
f. Summary
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
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 12630
J. Review Under the Treasury and General Government
Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Information Quality
V. Approval of the Office of the Secretary
I. Synopsis of the Final Determination
Title III, Part B \1\ of EPCA,\2\ established the Energy
Conservation Program for Consumer Products Other Than Automobiles. (42
U.S.C. 6291-6309) These products include direct heating equipment, the
subject of this final determination. (42 U.S.C. 6292(a)(9))
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\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
\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).
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DOE is issuing this final determination pursuant to the EPCA
requirement that not later than 3 years after issuance of a final
determination not to amend standards, DOE must publish either a
notification of determination that standards for the product do not
need to be amended, or a notice of proposed rulemaking (``NOPR'')
including new proposed energy conservation standards (proceeding to a
final rule, as appropriate). (42 U.S.C. 6295(m)(3)(B))
``Direct heating equipment'' is defined at 10 Code of Federal
Regulations (``CFR'') 430.2 as vented home heating
[[Page 66404]]
equipment and unvented home heating equipment (i.e., ``vented heaters''
and ``unvented heaters,'' respectively). ``Vented home heating
equipment'' and ``unvented home heating equipment'' are also defined at
10 CFR 430.2 in which, vented home heating equipment or vented heater
means a class of home heating equipment, not including furnaces,
designed to furnish warmed air to the living space of a residence,
directly from the device, without duct connections (except that boots
not to exceed 10 inches beyond the casing may be permitted) and
includes: Vented wall furnace, vented floor furnace, and vented room
heater. Whereby, unvented home heating equipment means a class of home
heating equipment, not including furnaces, used for the purpose of
furnishing heat to a space proximate to such heater directly from the
heater and without duct connections and includes electric heaters and
unvented gas and oil heaters. Federal energy conservation standards at
10 CFR 430.32(i) currently exist for vented home heating equipment, but
there are currently no standards for unvented home heating equipment.
For this final determination, DOE evaluated whether energy
conservation standards should be proposed for unvented heaters. In
addition, DOE analyzed vented heaters subject to the standards
specified in 10 CFR 430.32(i).
For unvented home heating equipment, DOE has previously determined
that unvented heaters have minimal potential for energy savings, as
they are installed within a conditioned space and all waste heat will
be transferred to the conditioned space. 75 FR 20112, 20130 (April 16,
2010). Further, the test procedure only includes test methods for
annual energy consumption for primary electric heaters and rated output
for all unvented heaters and does not include a test method or metric
for energy efficiency. See 10 CFR part 430 subpart B appendix G.
For vented home heating equipment, DOE analyzed the current vented
heater market and compared it to the market during the previous
rulemakings. DOE found that the number of shipments have reduced since
these previous rulemakings and that the available technology options
and efficiency levels have not changed significantly. In those earlier
rulemakings, DOE found that while some efficiency levels were
technologically feasible, they were not economically justified. DOE
also examined the energy use of the vented heaters considered in the
previous rulemakings.
Based on the results of these analyses, as summarized and explained
in section III of this document, DOE has determined that energy
conservation standards for unvented heaters are not warranted due to
insignificant potential energy savings. Similarly, DOE has determined
that amended energy conservation standards for vented heaters are not
warranted due to the lack of changes in the market for these products
since DOE's prior determination that the applicable energy conservation
standards do not need to be amended. Consequently, DOE has determined
to take no further action vis-[agrave]-vis the energy conservation
standards for DHE at this time.
II. Authority and Background
The following section briefly discusses the statutory authority
underlying this final determination, as well as some of the historical
background relevant to the establishment of energy conservation
standards for unvented home heating equipment and vented home heating
equipment.
A. Authority
EPCA authorizes DOE to regulate the energy efficiency of a number
of consumer products and certain industrial equipment. Title III, Part
B of EPCA established the Energy Conservation Program for Consumer
Products Other Than Automobiles. These products include DHE which is
the subject of this document. (42 U.S.C. 6292(a)(9)) EPCA prescribed
energy conservation standards for these products (42 U.S.C.
6295(e)(3)), and directs DOE to conduct future rulemakings to determine
whether to amend these standards. (42 U.S.C. 6295(e)(4))
The energy conservation program under EPCA consists essentially of
four parts: (1) Testing, (2) labeling, (3) the establishment of 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 (42
U.S.C. 6295), and the authority to require information and reports from
manufacturers (42 U.S.C. 6296).
Subject to certain criteria and conditions, DOE is required to
develop test procedures to measure the energy efficiency, energy use,
or estimated annual operating cost of each covered product. (42 U.S.C.
6295(o)(3)(A) and 42 U.S.C. 6295(r)) Manufacturers of covered products
must use the prescribed DOE test procedure as the basis for certifying
to DOE that their products comply with the applicable energy
conservation standards adopted under EPCA and when making
representations to the public regarding the energy use or efficiency of
those products. (42 U.S.C. 6293(c) and 42 U.S.C. 6295(s)) Similarly,
DOE must use these test procedures to determine whether the products
comply with standards adopted pursuant to EPCA. (42 U.S.C. 6295(s)) The
DOE test procedures for unvented home heating equipment and vented home
heating equipment, subsets of DHE, appear at 10 CFR part 430, subpart
B, appendix G (``Appendix G'') and appendix O (``Appendix O''),
respectively.
Federal energy efficiency requirements generally supersede State
laws or regulations concerning energy conservation testing, labeling,
and standards. (42 U.S.C. 6297(a)-(c)) DOE may, however, grant waivers
of Federal preemption for particular State laws or regulations, in
accordance with the procedures and other provisions set forth under
EPCA. (See 42 U.S.C. 6297(d))
Pursuant to the amendments contained in the Energy Independence and
Security Act of 2007 (``EISA 2007''), Public Law 110-140, any final
rule for new or amended energy conservation standards promulgated after
July 1, 2010, is required to address standby mode and off mode energy
use. (42 U.S.C. 6295(gg)(3)) Specifically, when DOE adopts a standard
for a covered product after that date, it must, if justified by the
criteria for adoption of standards under EPCA (42 U.S.C. 6295(o)),
incorporate standby mode and off mode energy use into a single
standard, or, if that is not feasible, adopt a separate standard for
such energy use for that product. (42 U.S.C. 6295(gg)(3)(A)-(B)) In
this analysis, DOE considers such energy use in its final determination
not to amend energy conservation standards.
DOE must periodically review its already established energy
conservation standards for a covered product no later than 6 years from
the issuance of a final rule establishing or amending a standard for a
covered product. This 6-year look-back provision requires that DOE
publish either a determination that standards do not need to be amended
or a NOPR, including new proposed standards (proceeding to a final
rule, as appropriate). (42 U.S.C. 6295(m)(1)) EPCA further provides
that, not later than 3 years after the issuance of a final
determination not to amend standards, DOE must publish either a
notification
[[Page 66405]]
of determination that standards for the product do not need to be
amended, or a NOPR including new proposed energy conservation standards
(proceeding to a final rule, as appropriate). (42 U.S.C. 6295(m)(3)(B))
DOE must make the analysis on which the determination is based publicly
available and provide an opportunity for written comment. (42 U.S.C.
6295(m)(2))
A determination that amended standards are not needed must be based
on consideration of whether amended standards will result in
significant conservation of energy, are technologically feasible, and
are cost-effective. (42 U.S.C. 6295(m)(1)(A) and 42 U.S.C. 6295(n)(2))
Additionally, any new or amended energy conservation standard
prescribed by the Secretary for any type (or class) of covered product
shall be designed to achieve the maximum improvement in energy
efficiency which the Secretary determines is technologically feasible
and economically justified. (42 U.S.C. 6295(o)(2)(A)) Among the factors
DOE considers in evaluating whether a proposed standard level is
economically justified includes whether the proposed standard at that
level is cost-effective, as defined under 42 U.S.C.
6295(o)(2)(B)(i)(II). Under 42 U.S.C. 6295(o)(2)(B)(i)(II), an
evaluation of cost-effectiveness requires DOE to consider savings in
operating costs throughout the estimated average life of the covered
product in the type (or class) compared to any increase in the price,
initial charges, or maintenance expenses for the covered product that
are likely to result from the standard. (42 U.S.C. 6295(n)(2) and 42
U.S.C. 6295(o)(2)(B)(i)(II))
A NOPR including new proposed standards, must be based on the
criteria established under 42 U.S.C. 6295(o). (42 U.S.C. 6295(m)(1)(B))
The criteria in 42 U.S.C. 6295(o) require that standards be designed to
achieve the maximum improvement in energy efficiency, which the
Secretary determines is technologically feasible and economically
justified, and they must result in significant conservation of energy.
(42 U.S.C. 6295(o)(2)(A) and 42 U.S.C. 6295(o)(3)(B)) In deciding
whether a proposed standard is economically justified, DOE must
determine, after receiving public comment, whether the benefits of the
standard exceed its burdens. (42 U.S.C. 6295(o)(2)(B)(i)) DOE must make
this determination after receiving comments on the proposed standard,
and by considering, to the greatest extent practicable, the following
seven statutory factors:
(1) The economic impact of the standard on manufacturers and
consumers of the products subject to the standard;
(2) The savings in operating costs throughout the estimated
average life of the covered products in the type (or class) compared
to any increase in the price, initial charges, or maintenance
expenses for the covered products that are likely to result from the
standard;
(3) The total projected amount of energy (or as applicable,
water) savings likely to result directly from the standard;
(4) Any lessening of the utility or the performance of the
covered products likely to result from the standard;
(5) The impact of any lessening of competition, as determined in
writing by the Attorney General, that is likely to result from the
standard;
(6) The need for national energy and water conservation; and
(7) Other factors the Secretary of Energy (Secretary) considers
relevant.
(42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII))
DOE is publishing this final determination in satisfaction of the
three-year review requirement in EPCA.
B. Rulemaking History
The National Appliance Energy Conservation Act of 1987 (``NAECA''),
Public Law 100-12, amended EPCA to include the initial energy
conservation standards for DHE--limited to gas DHE only--which were
based on annual fuel utilization efficiency (``AFUE''). NAECA
established separate standards for ``wall fan type,'' ``wall gravity
type,'' ``floor,'' and ``room'' DHE, further divided by input
capacity.\3\ (42 U.S.C. 6295(e)(3))
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\3\ DOE defines ``direct heating equipment'' as vented home
heating equipment and unvented home heating equipment. 10 CFR 430.2.
For the purpose of the energy conservation standards, DOE further
delineates vented home heating equipment as ``gas wall fan type,''
``gas wall gravity type,'' ``gas floor,'' and ``gas room,'' and then
further divides product classes by input capacity. 10 CFR 430.32(i).
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DOE codified the statutory standards for gas DHE into the CFR in a
final rule published February 7, 1989 (``February 1989 final rule'').
54 FR 6062. Pursuant to the requirements in EPCA (42 U.S.C.
6295(e)(4)), DOE conducted two cycles of rulemaking for DHE to
determine whether to amend these standards. DOE published a final rule
concluding the first round of rulemaking on April 16, 2010 (75 FR 20112
(``April 2010 final rule'')), and the Department published a final rule
concluding the second round on October 17, 2016 (81 FR 71325 (``October
2016 final determination'')).
1. Current Standards
In the April 2010 final rule, DOE prescribed the current energy
conservation standards for gas vented home heating equipment
manufactured on and after April 16, 2013. 75 FR 20112, 20234-20235
(April 16, 2010). These standards are set forth in DOE's regulations at
10 CFR 430.32(i)(2) and repeated in Table II.1 of this document. There
are currently no standards for unvented home heating equipment.
Table II.1--Federal Energy Conservation Standards for Gas Vented Home Heating Equipment
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DHE type Heat circulation type Input rate, Btu/h AFUE, percent
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Wall.................................... Fan Type.................. <=42,000.................. 75
>42,000................... 76
Gravity Type.............. <=27,000.................. 65
>27,000 and <=46,000...... 66
>46,000................... 67
Floor................................... All....................... <=37,000.................. 57
>37,000................... 58
Room.................................... All....................... <=20,000.................. 61
>20,000 and <=27,000...... 66
>27,000 and <=46,000...... 67
>46,000................... 68
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[[Page 66406]]
2. October 2016 Final Determination
a. Unvented Heaters
In the October 2016 final determination, DOE concluded that energy
conservation standards for unvented heaters would result in negligible
energy savings. 81 FR 71325, 71327 (Oct. 17, 2016). DOE also explained
that the test procedure for unvented heaters in Appendix G, includes a
calculation of annual energy consumption based on a single assignment
of active mode hours for unvented heaters that are used as the primary
heating source for the home. Id. at 81 FR 71328. For unvented heaters
that are not used as the primary heating source for the home, there are
no provisions for calculating either the energy efficiency or annual
energy consumption. Id. DOE further explained that pursuant to 42
U.S.C. 6295(o)(3), DOE is prohibited from prescribing a new or amended
standard for a covered consumer product if a test procedure has not
been prescribed for that consumer product, and as such, DOE could not
consider standards for these products at that time. Id.
b. Vented Heaters
In the October 2016 final determination, DOE found that few changes
to the industry and product offerings had occurred since the April 2010
final rule, and, therefore, the conclusions presented in that final
rule were still valid. 81 FR 71325, 71327-71328 (Oct. 17, 2016). For
the October 2016 final determination, DOE reviewed the vented heater
market, including product literature and product listings in the DOE
Compliance Certification Management System (``CCMS'') database and the
Air-Conditioning, Heating, and Refrigeration Institute (``AHRI'')
product directory.\4\ Id. at 81 FR 71327. DOE found that the number of
models offered in each of the vented heater product classes had
decreased overall since the April 2010 final rule, and the agency
concluded that this finding supported the notion that the vented heater
market was shrinking and that product lines were mainly maintained as
replacements for existing vented heater units, and that new product
lines generally were not being developed. Id.
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\4\ The AHRI directory for DHE can be found at:
<a href="http://www.ahridirectory.org/NewSearch?programId=23&searchTypeId=3">www.ahridirectory.org/NewSearch?programId=23&searchTypeId=3</a> (Last
accessed for the October 2016 final determination on July 16, 2015).
The DOE CCMS database can be found at: <a href="http://www.regulations.doe.gov/certification-data/CCMS-4-Direct_Heating_Equipment.html#q=Product_Group_s%3A%22Direct%20Heating%20Equipment%22">www.regulations.doe.gov/certification-data/CCMS-4-Direct_Heating_Equipment.html#q=Product_Group_s%3A%22Direct%20Heating%20Equipment%22</a> (Last accessed for the October 2016 final
determination on July 16, 2015).
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For the October 2016 final determination DOE also examined
available technologies used to improve the efficiency of vented
heaters. DOE analyzed products on the market at the time through
product teardowns and engaged in manufacturer interviews to obtain
further information in support of its analysis. 81 FR 71325, 71327
(Oct. 17, 2016). Most of the technology options on the market and
evaluated for the October 2016 final determination (i.e., improved heat
exchanger, induced draft, electronic ignition, and a two-speed blower
for gas wall fan type vented heaters) were those considered as part of
the vented heater rulemaking analysis for the April 2010 final rule.
Id. DOE determined that the technology options available for vented
heaters were likely to have limited potential for achieving energy
savings.\5\ Id. Furthermore, DOE concluded that the costs of technology
options would likely be similar or higher than in the previous
rulemaking analysis due to reduced shipments and, therefore, reduced
purchasing power of vented heater manufacturers. Id. DOE also evaluated
condensing technology for gas wall fan type vented heaters, which had
become available after the April 2010 final rule, and, therefore, was
not evaluated as part of that rulemaking. Id. DOE concluded that this
technology option would not be economically justified when analyzed for
the Nation as a whole due to the significant increase in initial
product cost for products using this technology and the potential for
severe manufacturer impacts due to the necessary capital conversion
costs if an energy conservation standard were adopted at this level.
Id. at 81 FR 71327-71328.
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\5\ DOE noted that for gas room vented heaters with input
capacity up to 20,000 Btu/h, the maximum AFUE available on the
market increased from 59 percent in 2009 (only one unit at this
input capacity was available on the market at that time) to 71
percent in 2015. DOE found that this was due to heat exchanger
improvements only because these units do not use electricity. Due to
the small input capacity, DOE found that this increase in AFUE
(based on heat exchanger improvements relative to input capacity)
was not representative of or feasible for the other gas room vented
heater product classes.
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DOE acknowledged that the vented heater industry had seen further
consolidation since the April 2010 final rule, with the total number of
manufacturers declining from six to four. Id. at 81 FR 71328.
Furthermore, according to manufacturers,\6\ shipments further decreased
since the April 2010 final rule, and, therefore, it would be more
difficult for manufacturers to recover capital expenditures resulting
from increased standards. Id. DOE acknowledged that vented heater units
continue to be produced primarily as replacements and that the market
is small, and expected that shipments would continue to decrease and
amended standards would likely accelerate the trend of declining
shipments. Id. Moreover, DOE anticipated that small business impacts
resulting from amended standards could be significant, as two of the
four remaining manufacturers subject to vented heater standards were
small businesses. Id.
---------------------------------------------------------------------------
\6\ Information obtained during confidential manufacturer
interviews.
---------------------------------------------------------------------------
DOE concluded in the October 2016 final determination that due to
the lack of advancement in the vented heater industry since the April
2010 final rule in terms of product offerings, available technology
options and associated costs, and declining shipment volumes, amending
the vented heater energy conservation standards would impose a
substantial burden on manufacturers of vented heaters, particularly to
small manufacturers. 81 FR 71325, 71328 (Oct. 17, 2016). DOE noted that
it had rejected higher TSLs for vented heaters in the April 2010 final
rule due to significant impacts on industry profitability, risks of
accelerated industry consolidation, and the likelihood that small
manufacturers would experience disproportionate impacts that could lead
them to discontinue product lines or exit the market altogether, and
the Department stated that the market and the manufacturers'
circumstances at the time were similar to when DOE evaluated amended
energy conservation standards for vented heaters for the April 2010
final rule. Id. at 81 FR 71328-71329. Accordingly, DOE concluded that
amended energy conservation standards for vented heaters were not
economically justified at any level above the current standard levels
because benefits of more-stringent standards would not outweigh the
burdens, and the Department determined not to amend the vented heater
energy conservation standards. Id. at 81 FR 71329.
In the October 2016 final determination, DOE also considered
whether to establish energy conservation standards for standby mode and
off mode electrical energy use, noting that fossil fuel energy use in
standby mode and off mode is already included in the AFUE metric and
that electric standby mode and off mode energy use is small in
comparison to fossil fuel energy use. Id. Given that the
[[Page 66407]]
standards for vented heaters were not amended, DOE concluded it was not
required under EPCA to adopt amended standards which include standby
mode and off mode energy use, and due to the relatively small potential
for energy savings, DOE declined to do so. Id.
3. Current Rulemaking
On February 26, 2019, DOE published a request for information
(``RFI'') (``February 2019 RFI'') to solicit information from the
public to help DOE determine whether amended standards for DHE would
result in significant energy savings and whether such standards would
be technologically feasible and economically justified. 84 FR 6095.
On December 1, 2020, DOE published a notice of proposed
determination (``NOPD'') (``December 2020 NOPD'') to not amend its
energy conservation standards for DHE. 85 FR 77017. DOE estimated that
for gas wall fan type vented heaters, gas wall gravity type vented
heaters, and gas room vented heaters, potential site energy savings at
due to more-stringent standards at the maximum technologically feasible
(``max-tech'') TSL would be 0.13 quadrillion Btus (``quads''), a
reduction of 6 percent in site energy use. Thus, DOE tentatively
concluded in the December 2020 NOPD that more-stringent standards for
DHE would not save a significant amount of energy. Id. at 85 FR 77037.
Additionally, for these product classes, DOE tentatively determined
that the potential benefits from amended standards would be outweighed
by burdens on manufacturers, thereby tentatively concluding that
amended standards would not be economically justified. Id. at 85 FR
77038. Further, DOE tentatively concluded in the December 2020 NOPD
that more-stringent standards for gas floor vented heaters were not
technologically feasible, and that amended standards for these products
are not needed. Id. In this final determination, DOE finalizes its
proposed determination from the December 2020 NOPD.
III. General Discussion
DOE developed this final determination after a review of the DHE
market, including product literature and product listings in the DOE
CCMS database and the AHRI product directory. DOE also considered
written comments, data, and information from interested parties that
represent a variety of interests. In response to the December 2020
NOPD, DOE received seven substantive comments from interested parties,
which are listed in Table III.1 of this document. DOE also received
comments from three stakeholders during a webinar held on January 25,
2021 which discussed the analysis presented in the December 2020 NOPD.
This notice addresses issues raised by these commenters.
Table III.1--Interested Parties Providing Written or Oral Response to the December 2020 NOPD
----------------------------------------------------------------------------------------------------------------
Written Oral
Name(s) Commenter type * Acronym comment comment
----------------------------------------------------------------------------------------------------------------
Abby Spotswood....................... I Ms. Spotswood........... X ..........
Air-conditioning, Heating, and TA AHRI.................... X ..........
Refrigeration Institute.
American Public Gas Association U Joint Gas Utilities..... X ..........
(``APGA'') and the American Gas
Association (``AGA'').
Appliance Standards Awareness Project EA Joint Advocates......... X ..........
(``ASAP''), American Council for an
Energy-Efficient Economy
(``ACEEE''), and Natural Resources
Defense Council (``NRDC'').
Association of Home Appliance TA AHAM.................... X ..........
Manufacturers.
Flux Tailor LLC...................... UC Flux Tailor............. .......... X
Northwest Energy Efficiency Alliance. EA NEEA.................... X X
Pacific Gas and Electric (``PG&E''), U CA IOUs................. X X
Southern California Edison
(``SCE''), San Diego Gas and
Electric (``SDG&E'') (i.e.,
California Investor-Owned Utilities).
----------------------------------------------------------------------------------------------------------------
* EA: Efficiency/Environmental Advocate; I: Individual; TA: Trade Association; U: Utility or Utility Trade
Association; UC: Utility Consultant.
A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public docket.\7\
---------------------------------------------------------------------------
\7\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to consider
amended energy conservation standards for DHE. (Docket No. EERE-
2019-BT-STD-0002, which is maintained at <a href="http://www.regulations.gov/docket?D=EERE-2019-BT-STD-0002">www.regulations.gov/docket?D=EERE-2019-BT-STD-0002</a>). The references are arranged as
follows: (commenter name, comment docket ID number, page of that
document).
---------------------------------------------------------------------------
A. Product Classes and Scope of Coverage
When evaluating and establishing new or amended energy conservation
standards, DOE divides covered products into product classes (or types)
based on a specified level of energy used or by capacity or other
performance-related features that justify differing standards. (42
U.S.C. 6295(q)) In making a determination whether a performance-related
feature justifies a different standard, DOE must consider such factors
as the utility of the feature to the consumer and other factors DOE
determines are appropriate. Id. The scope of coverage is discussed in
further detail in section III.A.1 of this document. The product classes
for this final determination are discussed in further detail in section
III.A.2 of this document.
1. Scope of Coverage and Definitions
This final determination covers those products that meet the
definitions of ``direct heating equipment,'' which is defined as vented
home heating equipment and unvented home heating equipment. 10 CFR
430.2. ``Home heating equipment, not including furnaces'' likewise
means vented home heating equipment and unvented home heating
equipment. Id. The existing energy conservation standards at 10 CFR
430.32(i)(2) apply only to product classes of vented home heating
equipment. There are no existing energy conservation standards for
unvented home heating equipment.
a. Unvented Heaters
Unvented heaters are those products that meet the definition for
``unvented home heating equipment,'' as codified at 10 CFR 430.2. Under
that provision, ``Unvented home heating equipment'' means a class of
home heating equipment, not including furnaces, used for the purpose of
furnishing heat to a space proximate to such heater directly from the
heater and without duct connections and includes electric heaters and
unvented gas and oil heaters. DOE further defines the various
[[Page 66408]]
sub-types of unvented heaters at 10 CFR 430.2 as follows:
(1) ``Baseboard electric heater'' means an electric heater which
is intended to be recessed in or surface mounted on walls at floor
level, which is characterized by long, low physical dimensions, and
which transfers heat by natural convection and/or radiation.
(2) ``Ceiling electric heater'' means an electric heater which
is intended to be recessed in, surface mounted on, or hung from a
ceiling, and which transfers heat by radiation and/or convection
(either natural or forced).
(3) ``Electric heater'' means an electric appliance in which
heat is generated from electrical energy and dissipated by
convection and radiation and includes baseboard electric heaters,
ceiling electric heaters, floor electric heaters, portable electric
heaters, and wall electric heaters.
(4) ``Floor electric heater'' means an electric heater which is
intended to be recessed in a floor, and which transfers by radiation
and/or convection (either natural or forced).
(5) ``Portable electric heater'' means an electric heater which
is intended to stand unsupported, and can be moved from place to
place within a structure. It is connected to electric supply by
means of a cord and plug, and transfers heat by radiation and/or
convention (either natural or forced).
(6) ``Primary heater'' means a heating device that is the
principal source of heat for a structure and includes baseboard
electric heaters, ceiling electric heaters, and wall electric
heaters.
(7) ``Supplementary heater'' means a heating device that
provides heat to a space in addition to that which is supplied by a
primary heater. Supplementary heaters include portable electric
heaters.
(8) ``Unvented gas heater'' means an unvented, self-contained,
free-standing, non-recessed gas-burning appliance which furnishes
warm air by gravity or fan circulation.
(9) ``Unvented oil heater'' means an unvented, self-contained,
free-standing, non-recessed oil-burning appliance which furnishes
warm air by gravity or fan circulation.
(10) ``Wall electric heater'' means an electric heater
(excluding baseboard electric heaters) which is intended to be
recessed in or surface mounted on walls, which transfers heat by
radiation and/or convection (either natural or forced) and which
includes forced convectors, natural convectors, radiant heaters,
high wall or valance heaters.
DOE received no recommended changes to the unvented heater
definitions in response to the December 2020 NOPD and is not amending
these definitions in this final determination.
b. Vented Heaters
Vented heaters are those products that meet the definitions for
``vented home heating equipment,'' as codified at 10 CFR 430.2. Under
that provision, ``vented home heating equipment'' or ``vented heater''
means a class of home heating equipment, not including furnaces,
designed to furnish warmed air to the living space of a residence,
directly from the device, without duct connections (except that boots
not to exceed 10 inches beyond the casing may be permitted) and
includes: Vented wall furnace, vented floor furnace, and vented room
heater. DOE further defines the various sub-types of vented heaters at
10 CFR 430.2 as follows:
(1) ``Vented floor furnace'' means a self-contained vented
heater suspended from the floor of the space being heated, taking
air for combustion from outside this space. The vented floor furnace
supplies heated air circulated by gravity or by a fan directly into
the space to be heated through openings in the casing.
(2) ``Vented room heater'' means a self-contained, free
standing, non-recessed, vented heater for furnishing warmed air to
the space in which it is installed. The vented room heater supplies
heated air circulated by gravity or by a fan directly into the space
to be heated through openings in the casing.
(3) ``Vented wall furnace'' means a self-contained vented heater
complete with grilles or the equivalent, designed for incorporation
in, or permanent attachment to, a wall of a residence and furnishing
heated air circulated by gravity or by a fan directly into the space
to be heated through openings in the casing.
DOE received no recommended changes to the vented heater
definitions in response to the December 2020 NOPD and is not amending
these definitions in this final determination.
2. Product Classes
In general, when evaluating and establishing energy conservation
standards, DOE divides the covered product into classes (or types)
based on the level of energy used, the capacity, or other performance-
related feature that justifies a different standard. (42 U.S.C.
6295(q)) In making a determination whether capacity or another
performance-related feature justifies a different standard, DOE must
consider such factors as the utility of the feature to the consumer and
other factors DOE deems appropriate. Id.
For vented heaters, the current energy conservation standards
specified in 10 CFR 430.32(i)(2) are based on 11 product classes
divided by DHE type (i.e., gas wall, gas floor, or gas room), heat
circulation type (i.e., fan type or gravity type), and input capacity.
Table III.2 lists the current product classes for vented heaters.
Table III.2--Current Vented Heater Product Classes
------------------------------------------------------------------------
Heat circulation
DHE type type Input rate, Btu/h
------------------------------------------------------------------------
Gas Wall.................... Fan Type............ <=42,000.
>42,000.
Gravity Type........ <=27,000.
>27,000 and
<=46,000.
>46,000.
Gas Floor................... All................. <=37,000.
>37,000.
Gas Room.................... All................. <=20,000.
>20,000 and
<=27,000.
>27,000 and
<=46,000.
>46,000.
------------------------------------------------------------------------
In response to the December 2020 NOPD, NEEA stated that gas wall
gravity type vented heaters do not provide a unique consumer utility
and therefore do not warrant a separate product class from gas wall fan
type vented heaters. (NEEA, No. 20 at p. 2) NEEA further stated that
although some gas wall gravity type vented heaters do not require
electricity, while all gas wall fan type vented heaters do, this is not
a distinguishing factor since some gas wall gravity type vented heater
models require electricity to operate. (NEEA, No. 20 at p. 2) Gas wall
fan and gravity type vented heaters are separated into different
product classes in the current energy conservation standards. As
discussed, EPCA requires DOE to consider product classes when
prescribing energy conservation
[[Page 66409]]
standards. (42 U.S.C. 6295(q)) Because DOE is not prescribing new or
amended standards for DHE, it is not amending the product classes for
these products.
3. Hearth Heaters
In comments to the December 2020 final rule, the Joint Advocates
and NEEA referenced DOE's prior analysis of hearth products and
recommended the elimination of standing pilot lights. (Joint Advocates,
No. 16 at p. 1; NEEA, No. 20 at p. 2) DOE clarifies that while hearth
heaters are direct heating equipment per the definition in 10 CFR
430.2, such products were not considered in the context of this
determination and such products are not subject to the standards for
direct heating equipment at 10 CFR 430.32(i).
In the NOPR that preceded the April 2010 final rule, DOE proposed
that its test procedures for vented DHE (i.e., Appendix O) be applied
to establish the efficiencies of vented gas hearth DHE. 74 FR 65852,
65861 (Dec. 11, 2009; ``December 2009 NOPR''). DOE described vented
hearth products as including gas-fired products such as fireplaces,
fireplace inserts, stoves, and log sets that typically include
aesthetic features such as a yellow flame, and stated that consumers
typically purchase these products to add aesthetic qualities and
ambiance to a room, and the products also provide space heating. 74 FR
65852, 65866. DOE stated that ``vented hearth products'' meet DOE's
definition of ``vented home heating equipment,'' because they are
designed to furnish warmed air to the living space of a residence
without duct connections. Id. DOE proposed to establish standards for
such products. Id.
In the April 2010 final rule DOE concluded that vented hearth
products as described December 2009 NOPR meet the definition of
``vented home heating equipment.'' 75 FR 20112, 20128. DOE also adopted
a definition of ``vented hearth heater'' different from that proposed
in that, among other changes, removed explicit reference to fireplace
heaters and included a maximum capacity threshold to distinguish vented
hearth heaters from purely decorative heaters excluded from DOE's
regulations. 75 FR 20112, 20130.
Following the April 2010 final rule, the Hearth, Patio & Barbecue
Association (``HPBA'') challenged DOE in the United States Court of
Appeals for the District of Columbia Circuit (``D.C. Circuit'') to
invalidate the April 2010 final rule and an amendment to that rule
published on November 18, 2011 (76 FR 71836; ``November 2011 final
rule'') \8\ as those rules pertained to vented gas hearth products.
Hearth, Patio & Barbecue Association v. Department of Energy, et al.,
No. 10-1113 (D.C. Cir. filed July 1, 2010). On February 8, 2013, the
Court ruled that DOE had improperly covered decorative fireplaces in
the definition of ``vented hearth heater'' as established in the April
2010 final rule and amended in the November 2011 final rule. Hearth,
Patio & Barbecue Association v. Department of Energy, et al., 706 F.3d
499 (D.C. Cir. 2013). The Court held that the phrase ``vented hearth
heater'' did not encompass decorative fireplaces as that term is
traditionally understood, vacated the entire statutory definition of
``vented hearth heater'' and remanded for DOE to interpret the
challenged provisions consistent with the court's opinion. Id. at 509.
On July 29, 2014, DOE published a final rule amending the relevant
portions of its regulation to reflect the Court's decision to vacate
the regulatory definition of ``vented hearth heater'' (and by
implication, the associated energy conservation standards). 79 FR
43927.
---------------------------------------------------------------------------
\8\ In the November 2011 final rule DOE amended the definition
of ``vented hearth heater,'' to clarify the scope of the current
exclusion for those vented hearth heaters that are primarily
decorative hearth products by shifting the focus from a maximum
input capacity limitation (i.e., 9,000 Btu/h) to a number of other
factors, including the absence of a standing pilot light or other
continuously-burning ignition source. Id.
---------------------------------------------------------------------------
On December 31, 2013, DOE published a proposed determination of
coverage for hearth products. 78 FR 79638 (``December 2013 NOPD''). DOE
stated that hearth products are gas-fired equipment that provide space
heating and/or provide an aesthetic appeal to the living space. 78 FR
79638, 79639. DOE also stated vented hearth heaters are no longer
covered products as a result of the Court ruling. On February 9, 2015,
DOE published a NOPR proposing energy conservation standards for hearth
products. 80 FR 7082. This NOPR covered both vented and unvented (vent-
less) hearth products. Id. at 80 FR 7088-7089. On March 31, 2017, DOE
withdrew the December 2013 NOPD \9\ in the bi-annual publication of the
DOE Regulatory Agenda.\10\ On further consideration, DOE believes that
it was overly broad in its discussing the Court's holding in the
context of hearth heaters. Given that hearth heaters (vented or
unvented) provide space heating and classifying hearth heaters as
vented or unvented (as applicable) home heating equipment would be
consistent with the Court's opinion. See 706 F.3d 499, 505. As
discussed, currently there are not energy conservation standards for
such products and such products were not considered in the analysis of
whether the existing standards for vented and unvented home heating
equipment should be amended. To the extent DOE considers energy
conservation standards for hearth heaters, it intends to do so in a
separate rulemaking.
---------------------------------------------------------------------------
\9\ Withdrawal of the December 2013 NOPD also withdraws the
February 2016 NOPR.
\10\ Past publications of DOE's Regulatory Agenda can be found
at: <a href="https://resources.regulations.gov/public/component/main">https://resources.regulations.gov/public/component/main</a>.
---------------------------------------------------------------------------
B. Analysis for This Final Determination
1. Overview of the Analysis
As stated previously, in determining that amended standards are not
needed, DOE must consider whether amended standards would result in
significant conservation of energy, are technologically feasible, and
are cost-effective as described in 42 U.S.C. 6295(o)(2)(B)(i)(II). (42
U.S.C. 6295(m)(1)(A) and 42 U.S.C. 6295(n)(2)). An evaluation of cost-
effectiveness under 42 U.S.C. 6295(o)(2)(B)(i)(II) requires that DOE
consider savings in operating costs throughout the estimated average
life of the covered products in the type (or class) compared to any
increase in the price, initial charges, or maintenance expenses for the
covered products that are likely to result from the standard. (42
U.S.C. 6295(n)(2) and 42 U.S.C. 6295(o)(2)(B)(i)(II)) Before potential
energy savings and cost-effectiveness of amended standards can be
estimated, available and working prototype technologies with the
potential to improve energy efficiency must first be evaluated.
Accordingly, DOE generally starts with this technology evaluation.
a. Technological Feasibility
In evaluating potential amendments to energy conservation
standards, DOE first conducts a market and technology assessment to
survey the products currently available on the market and identify
technology options (including prototype technologies) that could
improve the efficiency of the products or equipment that are the
subject of the rulemaking. DOE then conducts a screening analysis for
the technologies identified, and, as a first step, determines which of
those means for improving efficiency are technologically feasible. DOE
considers technologies incorporated in commercially-available products
or in working prototypes to be technologically feasible. 10 CFR part
430, subpart C, appendix A, sections 6(a)(3)(iii)(A) and 7(b)(1)
(``Process Rule'').
[[Page 66410]]
After DOE has determined that particular technology options are
technologically feasible, it further evaluates each technology option
in light of the following additional screening criteria: (1)
Practicability to manufacture, install, and service; (2) adverse
impacts on product utility or availability; (3) adverse impacts on
health or safety, and (4) unique-pathway proprietary technologies.
Sections 6(a)(3)(iii)(B)-(E) and 7(b)(2)-(5) of the Process Rule. The
technology options identified for this final determination are
essentially those technologies identified and considered for the
October 2016 final determination. See sections III.B.3.b. and
III.B.3.c. of this document for additional discussion.
EPCA requires that in proposing to adopt an amended or new energy
conservation standard, or proposing no amendment or no new standard for
a type (or class) of covered product, DOE must determine the maximum
improvement in energy efficiency or maximum reduction in energy use
that is technologically feasible for each type (or class) of covered
product. (42 U.S.C. 6295(p)(1)) Accordingly, DOE determined the max-
tech improvements in energy efficiency for vented heaters, using the
design parameters for the most efficient products available on the
market or in working prototypes. See section III.B.3.d. of this
document for further discussion.
b. Energy Savings
To adopt any new or amended standards for a covered product, DOE
must determine that such action would result in significant energy
savings. (42 U.S.C. 6295(o)(3)(B)) Although the term ``significant'' is
not defined in the EPCA, the U.S. Court of Appeals, for the District of
Columbia Circuit in Natural Resources Defense Council v. Herrington,
768 F.2d 1355, 1373 (D.C. Cir. 1985), opined that Congress intended
``significant'' energy savings in the context of EPCA to be savings
that were not ``genuinely trivial.''
The significance of energy savings offered by a new or amended
energy conservation standard cannot be determined without knowledge of
the specific circumstances surrounding a given rulemaking. For example,
the United States has now rejoined the Paris Agreement and will exert
leadership in confronting the climate crisis.\11\ Additionally, some
covered products and equipment have most of their energy consumption
occur during periods of peak energy demand. The impacts of these
products on the energy infrastructure can be more pronounced than
products with relatively constant demand. In evaluating the
significance of energy savings, DOE considers differences in primary
energy and FFC effects for different covered products and equipment
when determining whether energy savings are significant. Primary energy
and FFC effects include the energy consumed in electricity production
(depending on load shape), in distribution and transmission, and in
extracting, processing, and transporting primary fuels (i.e., coal,
natural gas, petroleum fuels), and thus present a more complete picture
of the impacts of energy conservation standards. Accordingly, DOE
evaluates the significance of energy savings on a case-by-case basis.
---------------------------------------------------------------------------
\11\ See Executive Order 14008, 86 FR 7619 (Feb. 1, 2021)
(``Tackling the Climate Crisis at Home and Abroad'').
---------------------------------------------------------------------------
c. Cost-Effectiveness
Under EPCA's 6-year-lookback review provision for existing energy
conservation standards at 42 U.S.C. 6295(m)(1), cost-effectiveness of
potential amended standards is a relevant consideration both where DOE
proposes to adopt such standards, as well as where it does not. In
considering cost-effectiveness when making a determination of whether
existing energy conservation standards do not need to be amended, DOE
considers the savings in operating costs throughout the estimated
average life of the covered product compared to any increase in the
price of, or in the initial charges for, or maintenance expenses of,
the covered product that are likely to result from a standard. (42
U.S.C. 6295(m)(1)(A)(referencing 42 U.S.C. 6295(n)(2))) Additionally,
any new or amended energy conservation standard prescribed by the
Secretary for any type (or class) of covered product shall be designed
to achieve the maximum improvement in energy efficiency which the
Secretary determines is technologically feasible and economically
justified. (42 U.S.C. 6295(o)(2)(A)) Cost-effectiveness is one of the
factors that DOE must ultimately consider under 42 U.S.C. 6295(o)(2)(B)
to support a finding of economic justification, if it is determined
that amended standards are appropriate under the applicable statutory
criteria. (42 U.S.C. 6295(o)(2)(B)(i)(II))
In determining cost effectiveness of potential amended standards
for DHE, DOE considered the life-cycle cost (``LCC'') and payback
period (``PBP'') analyses that estimate the costs and benefits to users
from the standards. The LCC is the sum of the initial price of
equipment (including its installation) and the operating expense
(including energy, maintenance, and repair expenditures) discounted
over the lifetime of the equipment. The LCC analysis requires a variety
of inputs, such as equipment prices, equipment energy consumption,
energy prices, maintenance and repair costs, equipment lifetime, and
discount rates appropriate for consumers. To account for uncertainty
and variability in specific inputs (e.g., equipment lifetime and
discount rate), DOE uses a distribution of values, with probabilities
attached to each value.
The PBP is the estimated amount of time (in years) it takes
consumers to recover the increased purchase cost (including
installation) of more-efficient equipment through lower operating
costs. DOE calculates the PBP by dividing the change in total
installation cost due to a more-stringent standard by the change in
annual operating cost for the year that standards are assumed to take
effect.
To further inform DOE's consideration of the cost-effectiveness of
potential amended standards, DOE may also consider the NPV of total
costs and benefits estimated as part of the national impact analysis
(NIA). The inputs for determining the NPV of the total costs and
benefits experienced by consumers are: (1) Total annual installed cost,
(2) total annual operating costs (energy costs and repair and
maintenance costs), and (3) a discount factor to calculate the present
value of costs and savings.
For the determination in this document, DOE considered the LCC and
PBP analyses from the April 2010 final rule, as well as the evaluation
in the October 2016 final determination, and information gathered on
the current market and technologies.
d. Further Considerations
As stated previously, pursuant to EPCA, if DOE does not issue a
notification of determination that energy conservation standards for
DHE do not need to be amended, DOE must issue a NOPR that includes new
proposed standards. (42 U.S.C. 6295(m)(1)(B)) The new proposed
standards in any such NOPR must be based on the criteria established
under 42 U.S.C. 6295(o). (42 U.S.C. 6295(m)(1)(B)) The criteria in 42
U.S.C. 6295(o) require that standards be designed to achieve the
maximum improvement in energy efficiency, which the Secretary
determines is technologically feasible and economically justified. (42
U.S.C. 6295(o)(2)(A)) In deciding whether a proposed standard is
economically justified, DOE must determine whether the benefits of the
standard exceed its
[[Page 66411]]
burdens. (42 U.S.C. 6295(o)(2)(B)(i)) DOE must make this determination
after receiving comments on the proposed standard, and by considering,
to the greatest extent practicable, the following seven statutory
factors:
(1) The economic impact of the standard on manufacturers and
consumers of the products subject to the standard;
(2) The savings in operating costs throughout the estimated
average life of the covered products in the type (or class) compared
to any increase in the price, initial charges for, or maintenance
expenses of the covered products that are likely to result from the
standard;
(3) The total projected amount of energy (or as applicable,
water) savings likely to result directly from the standard;
(4) Any lessening of the utility or the performance of the
covered products likely to result from the standard;
(5) The impact of any lessening of competition, as determined in
writing by the Attorney General, that is likely to result from the
standard;
(6) The need for national energy and water conservation; and
(7) Other factors the Secretary of Energy (Secretary) considers
relevant.
(42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII))
As discussed in the October 2016 final determination, DOE found
that amended standards for vented heaters would not be economically
justified under the considerations of the seven factors prescribed in
EPCA. 81 FR 71325, 71328-71329 (Oct. 17, 2016). For the determination
in this document, DOE has considered the previous evaluation of amended
standards in the October 2016 final determination.
2. Unvented Heaters
In response to the December 2020 NOPD, the Joint Advocates and NEEA
stated that the technology to eliminate standing pilot lights (i.e.,
electronic ignition) is readily available and low cost and urged DOE to
consider standards specifically for unvented gas heaters that would ban
standing pilot lights. (Joint Advocates, No. 16 at p. 1-2; NEEA, No. 20
at p. 2) The Joint Advocates further stated that in the technical
support document (TSD) for the hearth products NOPR that DOE published
on February 9, 2015, DOE found that electronic ignition systems operate
an average of 3.94 hours per year at an estimated 50 W, could be
manufactured at an incremental price of approximately $80 and have a
PBP and LCC savings of 2.9 years and $327, respectively. (Joint
Advocates, No. 16 at p. 1-2; see also chapter 8 of the TSD to the
February 2015 NOPR (80 FR 7082 (Feb. 9, 2015))) NEEA also referenced
the February 2015 NOPR for hearth products stating that eliminating
standing pilots could save an average of $165 over the life of the
product. 80 FR 7082, 7084. (NEEA, No. 20 at p. 2)
The CA IOUs and Joint Advocates stated that Appendix G, which does
not require the energy consumption of the standing pilot light to be
measured if there are instructions for turning the pilot light off when
the heater is not in use, may not account for actual consumer behavior
and stated that DOE did not provide evidence to support the assumption
that consumers will follow the instructions in manufacturer-provided
literature and urged DOE to conduct further research. (CA IOUs, No. 17
at p. 3; Joint Advocates, No. 16 at p. 1) The Joint Advocates stated
that in the February 2015 NOPR for hearth products DOE analysis showed
that 40 percent of the consumers of hearth products leave standing
pilot lights on all year and that the average operating hours for
standing pilot lights is close to 4,000 hours per year. (Joint
Advocates, No. 16 at p. 1)
Section 2.3.1 of Appendix G states that measurement of the pilot
light input rate is not required for unvented heaters where the pilot
light is designed to be turned off by the user when the heater is not
in use (i.e., for units where turning the control to the OFF position
will shut off the gas supply to the burner(s) and the pilot light) and
instruction to turn off the unit is provided on the heater near the gas
control value (e.g., by label). Section 2.3.1 of Appendix G requires
for unvented heaters with a pilot light that is not designed to be
turned off when not in use, or that does not include an instruction to
do so, the pilot light input rate must be measured, but is not used in
the calculation of rated output in section 3.4 of Appendix G. As
explained in the final rule published December 17, 2012, that addressed
standby and off mode energy use for unvented heaters, these provisions
exclude from the standby mode and off mode requirements a standing
pilot light if there are means to disconnect the electric or gas power
source when not in use and instructions to do so are clearly visible.
77 FR 74559, 74563 (``December 2012 final rule''). DOE explained that
the exclusion is identical to that applicable to manually-controlled
vented heaters \12\ and that DOE believes this exclusion should also
apply to unvented heaters so equipped. Id.
---------------------------------------------------------------------------
\12\ Section 1.21 of Appendix O defines a ``manually controlled
vented heater'' as ``either gas or oil fueled vented heaters
equipped without thermostats.''
---------------------------------------------------------------------------
The discussion in the December 2012 final rule and the reference to
a comparable application for manually-controlled vented heaters
indicates that the exclusion in section 2.3.1 of Appendix G was to
exclude manually-controlled heaters (i.e., without thermostats) in
which the burner and pilot light are turned off when the consumer turns
the unit off. As a manually-controlled heater operates only when heat
is desired by the consumer, all energy use is useful to the consumer.
However, the exclusion in section 2.3.1 of Appendix G is more broadly
written than the similar exclusion in section 3.5.2 of Appendix O for
manually-controlled vented heaters and applies to products that operate
with a thermostat or that are manually-controlled. Further, DOE has
found that there are manually-controlled unvented gas heaters on the
market \13\ that have both a fully off mode (i.e., turning the unit off
will turn off the gas to the burner and pilot light) and a mode in
which the pilot stays on when heat from the burner is not desired. Such
products meet the exclusion criteria in section 2.3.1 of Appendix G but
also may not be turned fully off by a consumer when heat is not
desired. DOE agrees that amendments to Appendix G to limit the
exclusion to unvented heaters that are controlled with a thermostat or
manually-controlled unvented heaters with both a fully off mode and a
pilot on mode may be appropriate. DOE intends to address this issue
further in the ongoing test procedure rulemaking for unvented
heaters.\14\
---------------------------------------------------------------------------
\13\ For example, the installation and operations manual for an
unvented gas heater that can be manually-controlled and has fully
off and pilot modes can be found at: <a href="https://images.thdstatic.com/catalog/pdfImages/2e/2e682fa1-3dba-4905-8cb5-785611455daa.pdf">https://images.thdstatic.com/catalog/pdfImages/2e/2e682fa1-3dba-4905-8cb5-785611455daa.pdf</a>.
\14\ DOE published an NOPR regarding test procedures for DHE. 86
FR 20053 (April 16, 2021). The docket for the test procedure NOPR is
available at: <a href="http://www.regulations.gov/docket?D=EERE-2019-BT-TP-0003">www.regulations.gov/docket?D=EERE-2019-BT-TP-0003</a>.
---------------------------------------------------------------------------
There may be the potential for energy savings if consumer behavior
regarding the operation of the standing pilot lights for unvented
heaters is examined further. However, the values stated by the Joint
Advocates cannot be used directly as hearth products, as defined in the
February 2015 NOPR, but may be used differently than unvented heaters.
At the time of this analysis, DOE has not received information
regarding consumer behavior for unvented heaters, but will continue to
evaluate in subsequent rulemakings.
The Joint Gas Utilities stated that unvented gas heaters are
required by the consensus safety standard ANSI
[[Page 66412]]
Z21.11.1, ``Gas-Fired Room Heaters V: Vented Room Heaters,'' to
incorporate an oxygen depletion safety (ODS) system that also acts as a
burner ignition system and stated that because of this requirement in
the safety standard, prohibition of standing pilot lights would
essentially prohibit manufacturing unvented gas heaters. (Joint Gas
Utilities, No. 15 at p. 4) DOE found that CSA/ANSI Z21.11.2-2019 (ANSI
Z21.1.2-2019), ``Gas-Fired Room Heaters, Volume II, Unvented Room
Heaters'' covers unvented gas heaters and that while section 4.9 of
ANSI Z21.11.2-2019 does specify that an ODS system be equipped at the
point of manufacture, it does not require that a standing pilot light
be used in the ODS system. Further, DOE has found that unvented heaters
exist on the market \15\ with ODS systems and without standing pilot
lights.
---------------------------------------------------------------------------
\15\ Specification sheet for an unvented gas heater with
electronic ignition and a ODS system: www.media.rinnai.us/
salsify_asset/s-515b633c-2926-43a2-98ff-7ac8fbc7c1ab/FC510%20(RCE-
391A-H)%20SP.pdf?_ga=2.116400966.1386589753.1625773392-
36239730.1625773392.
---------------------------------------------------------------------------
AHAM supported DOE's assessment from the December 2020 NOPD which
stipulated that for unvented heaters any heat losses are lost to the
living space and, therefore, unvented heaters are nearly 100 percent
efficient. (AHAM, No. 19 at p. 2) Flux Tailor urged DOE to reconsider
its blanket assumption that all unvented heaters are 100 percent
efficient, suggesting that, depending on type of convection technology
and other factors, the heater's real capacity to heat a given space may
vary significantly and ultimately effect overall energy consumption.
(Flux Tailor, No. 21 at p. 21)
Section 3.1 of Appendix G contains a calculation for annual energy
consumption for primary electric heaters. This calculation uses the
national average heating load hours (i.e., 2,080 hours). Appendix G
does not provide for calculating the annual energy consumption of
supplementary electric heaters or unvented gas or oil heaters. To
account for potential variation in a unit's ``real'' heating capacity,
as suggested by Flux Tailor, an annual energy consumption calculation
would need to be developed for all unvented heaters that addressed the
heating load hours based on quantity of heat a unit provides to a given
space. As this would necessitate amendment to the test procedure, Flux
Tailor's comment is more appropriately addressed in the ongoing test
procedure rulemaking.\16\
---------------------------------------------------------------------------
\16\ DOE published an NOPR regarding test procedures for DHE. 86
FR 20053 (April 16, 2021). The docket for the test procedure NOPR is
available at: <a href="http://www.regulations.gov/docket?D=EERE-2019-BT-TP-0003">www.regulations.gov/docket?D=EERE-2019-BT-TP-0003</a>.
---------------------------------------------------------------------------
As stated in section III.A.3., this final determination does not
consider unvented hearth heaters. To the extent DOE will consider
energy conservation standards for unvented hearth heaters it would do
so in a separate rulemaking.
3. Vented Heaters
a. Market Assessment
Models on the Market
DOE has conducted a review of the vented heater market, including
product literature and product listings in the CCMS database and AHRI
product directory. DOE has concluded that the number of models offered
in each of the vented heater product classes has continued to decrease
overall since the October 2016 final determination, as shown in Table
III.3 of this document. The model counts presented in Table III.3 of
this document are counts of individual model numbers, as opposed to
basic model numbers. A basic model can have multiple individual model
numbers certified under it. The model counts from previous rulemakings
were individual model numbers, so for consistency of comparison, the
model counts for 2021 that are presented in Table III.3 of this
document are also in terms of individual model number. DOE acknowledges
that, although changes in model counts and shipments sometimes
correlate, changes to available model counts do not necessarily
indicate a change in the number of units sold. For example, a model
could be taken off of the market, but more units of another model could
be sold, thereby resulting in roughly the same amount of sales as
before the first model was taken off the market. Shipments of vented
heaters are discussed is section III.B.3.g of this document.
Table III.3--Vented Heater Individual Model Counts by Product Class for Current and Previous Rulemakings
----------------------------------------------------------------------------------------------------------------
Model count by product class
-------------------------------------------------------
Product class October 2016 final April 2010 final
2021 * determination ** rule ***
----------------------------------------------------------------------------------------------------------------
Gas Wall Fan Type....................................... 51 64 82
Gas Wall Gravity Type................................... 57 56 52
Gas Floor............................................... 10 15 15
Gas Room................................................ 19 28 29
----------------------------------------------------------------------------------------------------------------
* CCMS database (last accessed on July 8, 2021), with further information taken from the AHRI Directory (last
accessed on July 8, 2021). Models designated as ``Production Stopped'' within the AHRI Directory are not
included in the model count.
** CCMS database (last accessed on July 16, 2015), with further information taken from the AHRI Directory (last
accessed on July 16, 2015). Models designated as ``Discontinued'' within the AHRI Directory are not included
in the model count.
*** Gas Appliance Manufacturers Association (GAMA) Directory for Direct Heating Equipment \17\ (downloaded March
2, 2009). Models designated as ``Discontinued'' within the GAMA Directory are not included in the model count.
In response to the February 2019 RFI, AHRI confirmed that there are
fewer models in the AHRI Directory now than there were at the time of
the October 2016 final determination. (AHRI, No. 6 at p. 4)
---------------------------------------------------------------------------
\17\ AHRI is the trade association that represents manufacturers
of heating products. It was formed on January 1, 2008, by the merger
of GAMA, which formerly represented these manufacturers, and the
Air-Conditioning and Refrigeration Institute. As stated previously,
AHRI maintains a Consumers' Directory of Certified Product
Performance for direct heating equipment, which can be found on
AHRI's website at: <a href="http://www.ahridirectory.org/Search/SearchHome?ReturnUrl=%2f">www.ahridirectory.org/Search/SearchHome?ReturnUrl=%2f</a>.
---------------------------------------------------------------------------
In response to the December 2020 NOPD, the Joint Gas Utilities
supported DOE's tentative conclusion that new DHE product lines are
generally not being developed, the market for DHE is declining, and
most product lines function mainly to replace existing units. (Joint
Gas Utilities, No. 15 at p. 3) AHAM and AHRI stated that DHE products
have not seen significant technological advancement since 2016 (i.e.,
when the October 2016 final
[[Page 66413]]
determination was published) and that products on the market today are
approximately the same as those available in 2016. (AHAM, No. 19 at p.
2; AHRI, No. 18 at p. 2) DOE has also found that the products available
on the market today are approximately the same as those available in
2016, as discussed in section III.B.3.d, and that the market for DHE is
declining, as discussed in section III.B.3.g. of this document.
Manufacturers
In the December 2020 NOPD, DOE noted that the number of
manufacturers producing vented heaters increased in the CCMS database
from four to five between the October 2016 final determination and the
December 2020 NOPD. 85 FR 77017, 77028-77029 (Dec. 1, 2020). This new
manufacturer mainly produces hearth products (which are not subject to
this final determination) but also manufactures two gas wall gravity
type vented heaters with input rate and AFUE values that are comparable
to the input rate and AFUE values of other models available on the
market, and that are similar in design. Since the publication of the
December 2020 NOPD, one manufacturer acquired another manufacturer's
vented heater brand, resulting in four manufacturers producing vented
heaters.\18\
---------------------------------------------------------------------------
\18\ HVAC Insider, Williams Acquires Cozy Heating Systems, 2021.
<a href="http://www.hvacinsider.com/williams-acquires-cozy-heating-systems/">www.hvacinsider.com/williams-acquires-cozy-heating-systems/</a> (Last
accessed July 20, 2021).
---------------------------------------------------------------------------
b. Technology Options for Efficiency Improvement
In the February 2019 RFI and December 2020 NOPD, DOE listed the
technology options considered in the previous rulemakings to increase
AFUE and requested comment on these options and any other technology
options that would be relevant to vented heaters. 84 FR 6095, 6099
(Feb. 26, 2019); 85 FR 77017, 77029 (Dec. 1, 2020). Specifically, DOE
identified the technologies in the following Table III.4 for improving
the efficiency of vented heaters.
Table III.4--Technology Options for Vented Heaters
------------------------------------------------------------------------
Technology options
-------------------------------------------------------------------------
Increased heat exchanger surface area.
Multiple flues.
Multiple turns in flue.
Direct vent (concentric).
Increased heat transfer coefficient.
Electronic ignition.
Thermal vent damper.
Electrical vent damper.
Power burner.
Induced draft.
Two-stage and modulating operation.
Improved fan or blower motor efficiency.
Increased insulation.
Condensing.
Condensing Pulse Combustion.
Air circulation fan.
Sealed combustion.
------------------------------------------------------------------------
As stated in the December 2020 NOPD, DOE found that the available
range of input rates and AFUE values of vented heater products
available on the market have stayed largely the same since the October
2016 final determination. 85 FR 77017, 77029 (Dec. 1, 2020). DOE
further stated that differences in the available input rate and AFUE
were mostly due to models being taken off the market as opposed to new
models being added and that this indicates that the technology options
currently available are similar to those examined in both the April
2010 final rule and October 2016 final determination. Id. DOE did not
identify any additional technologies, and there were not any comments
suggesting additional technology options for vented heaters that were
not previously considered. Therefore, DOE used the technology options
in Table III.4 of this document for its review of potential amended
vented heater energy conservation standard levels in this document.
c. Screening Analysis
In the February 2019 RFI, DOE identified and explained why four of
the technologies on its initial list had been previously screened out:
(1) Increased heat transfer coefficient (practicability to manufacture,
install, and service); (2) power burner (practicability to manufacture,
install, and service); (3) condensing pulse combustion (technological
feasibility); and (4) improved fan or blower motor efficiency
(practicability to manufacture, install, and service). 84 FR 6095,
6099-6100 (Feb. 26, 2019). DOE also noted that it only considers
potential efficiency levels achieved through the use of proprietary
designs in the engineering analysis if they are not part of a unique
pathway to achieve the efficiency level (i.e., if there are other non-
proprietary technologies capable of achieving the same efficiency
level). 84 FR 6095, 6099 (Feb. 26, 2019). In the December 2020 NOPD,
DOE maintained the tentative screening approach presented in the
February 2019 RFI. 85 FR 77017, 77029 (Dec. 1, 2020). DOE did not
receive comments on the screening analysis in response to the December
2020 NOPD.
In evaluating potential technology options for this final
determination, DOE maintained the list from the February 2019 RFI and
December 2020 NOPD, as discussed in section III.B.3.b. of this
document. In addition, DOE did not find that any of the technology
options should be screened out from consideration as options for
improving the AFUE of vented heaters other than the four previously
screened-out.
d. Engineering Analysis
For the April 2010 final rule, DOE determined technology options by
efficiency level for each of the vented heater product classes. These
technology options are found in section 5.7 of the April 2010 final
rule TSD \19\ and are reproduced in Table III.5 of this document. The
representative input rate ranges from the April 2010 final rule are:
>42,000 Btu/h for gas wall fan type vented heaters, >27,000 Btu/h and
<=46,000 Btu/h for gas wall gravity type vented heaters, >37,000 Btu/h
for gas floor vented heaters, and >27,000 Btu/h and <=46,000 Btu/h for
gas room vented heaters. 75 FR 20112, 20114 (April 16, 2010).
---------------------------------------------------------------------------
\19\ Available at: <a href="http://www.regulations.gov/document?D=EERE-2006-STD-0129-0149">www.regulations.gov/document?D=EERE-2006-STD-0129-0149</a>.
Table III.5--April 2010 Final Rule Technology Options by Efficiency Level for the Representative Input Rate
Ranges of the Vented Heater Product Classes
----------------------------------------------------------------------------------------------------------------
Efficiency
DHE type Heat circulation type level (AFUE) Technology
----------------------------------------------------------------------------------------------------------------
Gas Wall.............................. Fan Type *74 Standing Pilot.
......................... * 75 Intermittent Ignition and Two-
Speed Blower.
......................... ** 76 Intermittent Ignition and
Improved Heat Exchanger.
[[Page 66414]]
......................... 77 Intermittent Ignition, Two-
Speed Blower, and Improved
Heat Exchanger.
......................... 80 Induced Draft and Electronic
Ignition.
Gravity Type *64 Standing Pilot.
......................... ** 66 Standing Pilot and Improved
Heat Exchanger.
......................... * 68 Standing Pilot and Improved
Heat Exchanger.
......................... * 69 Standing Pilot and Improved
Heat Exchanger.
......................... 70 Electronic Ignition.
Gas Floor............................. All * 57 Standing Pilot.
......................... ** 58 Standing Pilot and Improved
Heat Exchanger.
Gas Room.............................. All * 64 Standing Pilot.
......................... * 65 Standing Pilot and Improved
Heat Exchanger.
......................... * 66 Standing Pilot and Improved
Heat Exchanger.
......................... ** 67 Standing Pilot and Improved
Heat Exchanger.
......................... 68 Standing Pilot and Improved
Heat Exchanger.
......................... * [dagger]83 Electronic Ignition and
Multiple Heat Exchanger
Design.
----------------------------------------------------------------------------------------------------------------
* No longer available on the market.
** Efficiency level adopted in as the Federal standard the April 2010 final rule at the representative input
rate.
[dagger] This was a theoretical model and was not on the market at the time of the April 2010 final rule
analysis.
DOE reviewed the technology options available in the current vented
heater market for the representative input rate ranges from the April
2010 final rule. The available efficiency levels and associated
technologies are shown in Table III.6 of this document.
Table III.6--Current Technology Options by Efficiency Level of the Representative Input Rate Ranges of the
Vented Heater Product Classes from the April 2010 Final Rule
----------------------------------------------------------------------------------------------------------------
Efficiency
DHE type Heat circulation type level (AFUE) Technology
----------------------------------------------------------------------------------------------------------------
Gas Wall.............................. Fan Type 76 Intermittent Ignition and
Improved Heat Exchanger.
......................... 77 Intermittent Ignition, Two-
Speed Blower, and Improved
Heat Exchanger.
......................... 80 Induced Draft and Electronic
Ignition
......................... * 90 Electronic Ignition and
Condensing.
Gravity Type 66 Standing Pilot and Improved
Heat Exchanger.
......................... 68 Standing Pilot and Improved
Heat Exchanger.
......................... 69 Standing Pilot and Improved
Heat Exchanger.
......................... 70 Electronic Ignition.
Gas Floor............................. All 58 Standing Pilot and Improved
Heat Exchanger.
Gas Room.............................. All 67 Standing Pilot and Improved
Heat Exchanger.
......................... 68 Standing Pilot and Improved
Heat Exchanger.
......................... ** 83 Electronic Ignition and
Multiple Heat Exchanger
Design.
----------------------------------------------------------------------------------------------------------------
* Condensing gas wall fan type vented heaters exist in an input rate range that was not the representative input
rate range in the April 2010 final rule. Thus, the max-tech level presented is theoretical for the
representative input range, but exists in models on the market in other input ranges.
** This is a theoretical efficiency level based on the analysis for the April 2010 final rule, and is not
available in any model currently on the market.
The maximum available efficiency level is the highest efficiency
model currently available on the market for that class. The max-tech
efficiency level represents the theoretical maximum possible efficiency
if all available design options are incorporated in a model. In some
cases, models at the max-tech efficiency level are not commercially
available because, although the level is technically achievable,
manufacturers have determined that it is not economically feasible
(either for the manufacturer to produce or for consumers to purchase).
However, DOE seeks to determine the max-tech level for purposes of its
analyses. The current maximum available efficiencies for the 11
existing product classes are included in Table III.7, along with the
maximum available efficiencies from the April 2010 final rule and those
evaluated for the October 2016 final determination.
[[Page 66415]]
Table III.7--Maximum Available Efficiency Levels for the Vented Heater Product Classes--Current and Previous
Rulemakings
----------------------------------------------------------------------------------------------------------------
October 2016
Product class Input rate, kBtu/h 2021 final April 2010
determination final rule
----------------------------------------------------------------------------------------------------------------
Gas Wall Fan Type.................... <=42.................... 90 92 83
>42..................... 80 80 80
Gas Wall Gravity Type................ <=27.................... 72 80 80
>27 and <=46............ 70 69 69
>46..................... 70 70 69
Gas Floor............................ <=37.................... 57 57 57
>37..................... 58 58 58
Gas Room............................. <=20.................... 71 71 59
>20 and <=27............ 66 66 63
>27 and <=46............ 68 68 83
>46..................... 70 70 70
----------------------------------------------------------------------------------------------------------------
In the April 2010 final rule, DOE determined max-tech efficiency
levels using the technology options available at that time. For gas
wall fan type vented heaters with an input rate over 42,000 Btu/h, DOE
identified a max-tech efficiency level design with induced draft
combustion and electronic ignition, resulting in an AFUE of 80 percent.
For gas wall gravity type vented heaters with an input rate over 27,000
Btu/h and up to 46,000 Btu/h, DOE identified 70 percent AFUE as a
theoretical max-tech level, which was achievable with an improved heat
exchanger design and electronic ignition. For gas floor vented heaters
with an input rate over 37,000 Btu/h, DOE identified the max-tech
efficiency level as 58 percent AFUE, which DOE stated could be reached
using a standing pilot light and an improved heat exchanger design. For
gas room vented heaters with an input rate over 27,000 Btu/h and up to
46,000 Btu/h, DOE identified a theoretical max-tech efficiency level of
83 percent AFUE, which manufacturers could achieve using an electronic
ignition and a multiple heat exchanger design. 75 FR 20112, 20145-20146
(April 16, 2010).
In the October 2016 final determination, DOE noted that condensing
gas wall fan type vented heater models with input rates at or below
42,000 Btu/h had become available, and DOE considered this the max-tech
level for all gas wall fan type vented heaters. Based on information
obtained during manufacturer interviews and a manufacturer production
cost developed through a teardown analysis performed for the proposed
determination, DOE determined that condensing technology was not
economically justified for gas wall fan type vented heaters at that
time. 81 FR 21276, 21280 (April 11, 2016); 81 FR 71325, 71328-71329
(Oct. 17, 2016).
Since the October 2016 final determination, the highest efficiency
condensing gas wall fan type vented heater, with an input rate at or
below 42,000 Btu/h, available on the market has been rerated (e.g., the
same model number has been rated with at least two different AFUE
values between the October 2016 final determination and this NOPD) from
an AFUE of 92 percent to an AFUE of 90 percent, which is the only
condensing AFUE level on the market. The maximum available AFUE for gas
wall gravity type vented heaters, with an input rate over 27,000 Btu/h
and up to 46,000 Btu/h, increased to 70 percent, which is the max-tech
level analyzed in the April 2010 final rule. In total, the maximum
available AFUE decreased for two input rate ranges and increased for
one input rate range. All other input rate ranges have the same maximum
available AFUE as in the October 2016 final determination.
In response to the December 2020 NOPD, NEEA urged DOE to consider
condensing technology as a technology option and analyze the maximum
levels technologically feasible, not just those available. (NEEA, No.
150 at p. 2) The CA IOUs recommended DOE conduct an updated analysis to
reconsider the max-tech levels for all DHE products rather than rely on
max-tech levels from the analysis conducted for the April 2010 final
rule. (CA IOUs, No. 17 at p. 1) The CA IOUs also stated that without a
thorough engineering analysis of gas wall fan type vented heaters, the
December 2020 NOPD gives insufficient justification that the AFUE level
attained by the few condensing products on the market can be considered
max-tech and that if DOE were to apply a different max-tech level for
condensing technology, the energy savings threshold to initiate a new
rulemaking could be met. (CA IOUs, No. 17 at p. 2) For gas wall gravity
type and gas room vented heaters, CA IOUs asserted that the absence of
any condensing efficiency level products on the market does not relieve
DOE of the obligation to explore condensing tech as max-tech for these
categories. (CA IOUs, No. 17 at p. 2)
DOE has included condensing technology in the list of technology
options for the entirety of the analysis conducted for this final
determination. Gas wall fan type vented heaters could have a
theoretical AFUE above the level analyzed in the October 2016 final
determination and December 2020 NOPD as max-tech and this theoretical
level results in increased energy savings. 81 FR 71325, 71327 (Oct. 17,
2016); 85 FR 77017, 77030 (Dec. 1, 2020). As discussed in section
III.B.1.a, in screening for technologies that are technologically
feasible, DOE considers technologies incorporated in commercial
products or in working prototypes. 10 CFR part 430 subpart C appendix A
section 6(c)(3)(i). DOE did not identify gas wall gravity type and gas
room vented heaters with condensing technologies on the market or as
prototypes that incorporated condensing technology, that achieved an
AFUE higher than that considered.
As discussed in the following sections, DOE has determined that
energy conservation standards do not need to be amended based on the
continued likelihood that amending the vented heater energy
conservation standards would impose a substantial burden on
manufacturers of vented heaters, particularly to small manufacturers.
For gas wall gravity type, gas floor, and gas room vented heaters, the
technologies available on the market produce AFUE values that are well
below near-condensing operation, suggesting significant redesign would
be required to incorporate condensing technology, likely resulting in
increasing potential costs to manufacturers. Given that an
[[Page 66416]]
energy conservation standard that required use of condensing technology
would further exacerbate the estimated impacts of amended standards as
determined in the prior determinations, DOE did not include condensing
technology in its engineering analysis beyond that considered in the
prior engineering analysis conducted for the October 2016 final
determination. 81 FR 71325, 71327-71328 (Oct. 17, 2016).
In response to the December 2020 NOPD, CA IOUs stated that DOE has
not presented information to suggest that electronic ignition could not
be included in gas floor vented heaters, and encouraged DOE to complete
a thorough analysis that appropriately considers electronic ignition
technology. (CA IOUs, No. 17 at p. 3) As stated, DOE has determined
that standards do not need to be amended based on the continued
likelihood that amending the vented heater energy conservation
standards would impose a substantial burden on manufacturers of vented
heaters, particularly to small manufacturers. As discussed in sections
III.B.3.g and III.B.3.i, vented heater shipments have declined since
the April 2010 final rule and one of the two manufacturers of gas floor
vented heaters is a small business while it is unclear whether the
other manufacturer remains a small business after acquiring another
small business manufacturer's gas floor vented heater brand. Gas floor
vented heaters are also the smallest product class by model count. As
such, DOE did not include electronic ignition in its engineering
analysis.
The Joint Advocates asserted that some models of vented heaters
meet the current energy conservation standards but still have standing
pilot lights, and that pilot lights left burning year-round can consume
6.8 MMBtu of fuel per year, which would account for around 25 percent
of total annual gas consumption for vented heaters. (Joint Advocates,
No. 16 at p. 1) DOE has identified vented heaters on the market with
standing pilot lights that meet the current energy conservation
standards. The energy conservation standards established in the April
2010 final rule were set at a level attainable by units that use
standing pilot lights as evidenced by the technology options listed for
each efficiency level in chapter 5 of the TSD for the April 2010 final
rule.
Manufacturer Production Costs
After establishing the efficiency levels in the April 2010 final
rule, DOE estimated the manufacturer production cost (MPC) of attaining
each efficiency level based on the technology options identified for
that level. The MPC takes into account the costs for material, labor,
depreciation, and overhead. These values were developed based on
product teardowns that generated bills of materials for all components
and manufacturing processes required to manufacture vented heaters at a
given efficiency level for each product class. DOE uses these bills of
material, along with information on material and component prices,
costs for labor, depreciation, and overhead to derive the MPC. In
development of the April 2010 final rule, manufacturer interviews were
conducted to verify the accuracy of the inputs to DOE's analysis of
MPCs (e.g., material prices, labor rates) and the resulting MPCs. 75 FR
20112, 20147-20148 (April 16, 2010). As discussed in section II.B.3.b.,
after the April 2010 final rule and before October 2016 final
determination, a condensing gas was fan type vented heater came on the
market. In a NOPD which preceded the October 2016 final determination,
DOE stated that the MPC for a condensing gas wall fan type vented
heater had a 23 percent higher incremental cost than a unit at 80
percent AFUE (i.e., the max-tech efficiency level evaluated in the
April 2010 final rule). 81 FR 21276, 21280 (April 11, 2016) (April 2016
NOPD). DOE received feedback during manufacturer interviews which
indicated that condensing models are significantly more expensive to
manufacture than non-condensing models and to confirm these statements,
DOE performed a product teardown of a condensing model. Id.
DOE reviewed its April 2010 final rule and October 2016 final
determination engineering analyses to determine whether the results are
still valid in the context of the current market. As the market
conditions for manufacturers remains substantially the same as the
previous rulemakings (i.e., production volumes remain similar or
slightly lower than previously projected, while material prices and
labor rates are also similar), DOE has determined that the engineering
analysis performed during the April 2010 final rule and October 2016
final determination are still valid for estimating MPC. DOE also
reviewed retail prices for models currently available on the market and
found that the current retail prices are comparable to those published
in chapter 8, section 8.2.3.5 of the April 2010 final rule TSD, when
adjusted for inflation. Because DOE has not found distribution channels
or mark-ups to have changed since the April 2010 final rule, the
similarity of the predicted retail prices in the April 2010 final rule
analysis to those of current products indicates that the MPC are likely
to be unchanged from the April 2010 final rule analysis.
e. Energy Use Analysis
Table III.8 presents the average energy consumption, from section
7.3.6 of the April 2010 final rule TSD, for each vented heater product
class and efficiency level. DOE has concluded that the current average
energy consumption for these vented heaters is comparable to the
estimates developed for the April 2010 final rule and relied on in the
October 2016 final determination, as the technology options at each
efficiency level have not changed substantially.
Table III.8--Average Energy Consumption for the Vented Heater Product Classes From April 2010 Final Rule
----------------------------------------------------------------------------------------------------------------
Average energy consumption
Efficiency -------------------------------
DHE type Heat circulation type level (AFUE) Electricity
Gas (MMBtu/yr) (kWh/yr)
----------------------------------------------------------------------------------------------------------------
Gas Wall.............................. Fan Type................ * 74 29.9 38.6
* 75 28.2 45.7
** 76 27.8 45.2
77 27.4 44.7
80 26.3 66.2
Gravity Type............ * 64 29.9 0.0
** 66 29.0 0.0
* 68 28.2 0.0
* 69 27.8 0.0
[[Page 66417]]
70 26.5 17.7
Gas Floor............................. All..................... * 57 30.8 0.0
** 58 30.3 0.0
Gas Room.............................. All..................... * 64 27.5 0.0
* 65 27.1 0.0
* 66 26.7 0.0
** 67 26.3 0.0
68 26.0 0.0
*[dagger] 83 20.2 81.1
----------------------------------------------------------------------------------------------------------------
* No longer available on the market.
** Efficiency level adopted in as the Federal standard the April 2010 final rule at the representative input
rate.
[dagger] This was a theoretical model and was not on the market at the time of the April 2010 final rule
analysis.
The Joint Advocates stated that in the February 2015 NOPR for
hearth products, DOE analysis showed that 40 percent of the consumers
of hearth products leave standing pilot lights on all year and that the
average operating hours for standing pilot lights is close to 4,000
hours per year. (Id.) CA IOUs asserted that vented heaters are not
often used in an on/off configuration and that intermittent heating use
during shoulder seasons will also lead to wasted energy if the standing
pilot light is burning the whole time but the heater is only used
during small portions of the day. (CA IOUs, No. 21 at p. 20)
DOE notes that the estimates developed for the April 2010 final
rule assumes that 100 percent of consumers have the pilot on year-
round, so the impact of pilot use is considered in this analysis. DOE
believes that the fraction of vented heaters that have standing pilot
on during the non-heating season is likely much higher than for hearth
products, but likely not 100 percent. Therefore, the April 2010 final
rule analysis likely overestimates the potential energy savings from
electronic ignition since a fraction of consumers might turn the
standing pilot off during the non-heating season. DOE also notes that
standing pilot energy use during the shoulder season could offset some
time that the main burner would be on, which is not considered in the
April 2010 final rule analysis, and could offset some of the energy
savings as well.
f. Life-Cycle Cost and Payback Period Analysis
LCC is the total consumer expense over the life of an appliance,
including the total installed cost and operating costs (including
energy expenditures, maintenance, and repair). DOE discounts future
operating costs to the time of purchase, and sums them over the
lifetime of the product.
The total installed cost is determined by combining the
installation cost with the equipment price. The equipment price is
determined using the MPC and applying a manufacturer mark-up, a
wholesaler mark-up, a mechanical contractor mark-up, and sales tax.\20\
As presented in section III.B.3.d. of this document, DOE has determined
that the MPC has not changed significantly since the April 2010 final
rule. DOE has also concluded that the average mark-ups, sales taxes,
and installation costs are comparable to the estimates developed for
the April 2010 final rule. Therefore, the total installed costs for the
products and efficiency levels that are still on the market and were
evaluated during the April 2010 final rule are estimated to have
remained approximately the same given that the analyzed technology
options have not changed. As discussed in section II.B.3.b., condensing
gas wall fan type vented heaters came on the market between the April
2010 final rule and October 2016 final determination. DOE additionally
estimates that the total installed cost for the 90-percent AFUE gas
wall fan type vented heater would be considerably higher compared to
lower efficiency gas wall fan type vented heaters, since there are
considerable development and production costs (as discussed in section
III.B.3.d. of this document), as well as additional installation costs.
---------------------------------------------------------------------------
\20\ For new construction, builder mark-up is also included. For
the April 2010 final rule, the new construction market shares are 10
percent for vented gas wall fan, vented gas wall gravity, and vented
gas room heaters, and 0 percent for vented gas floor furnace
heaters.
---------------------------------------------------------------------------
The annual operating cost is determined by the energy consumption
of vented heaters, the energy prices of the fuel used, and any repair
and maintenance costs that would be required. DOE has determined that
the energy consumption (as discussed in section III.B.3.e. of this
document) and repair and maintenance costs associated with each
efficiency level have not changed significantly from that in the April
2010 final rule for the vented heaters that are still on the market, as
the technology options have not changed. DOE additionally estimates
that the average energy consumption for the 90-percent AFUE gas wall
fan type vented heater would be proportionally lower compared to the
80-percent AFUE gas wall fan type vented heaters, and repair and
maintenance costs would be higher than for the 80-percent AFUE gas wall
fan type vented heaters. To assess the impact of energy prices, DOE
compared the April 2010 final rule's average energy prices for 2013
(i.e., the starting year in the analysis) to a likely starting year if
DOE performed a revised analysis in a new rulemaking. The April 2010
final rule used Energy Information Administration's (EIA) Annual Energy
Outlook (AEO) 2010 energy price trends.\21\ To assess the impact of
updated energy price estimates, DOE used EIA's AEO 2021 energy price
trends to estimate the energy prices in 2027,\22\ the expected
compliance year for the updated analysis.\23\ Both the
[[Page 66418]]
natural gas and propane prices projected in 2027 are lower ($10.99/
MMBtu in 2019$ and $21.11/MMBtu in 2020$, respectively) compared to the
2013 natural gas and propane prices used in the April 2010 final rule
($13.47/MMBtu in 2019$ and $33.12/MMBtu in 2020$, respectively).\24\
Additionally, the 30-year trends are comparable in the two AEO
editions. Due to comparable energy use and lower energy prices, DOE has
determined that the annual operating cost of vented heaters has either
decreased or not changed significantly from that estimated in the April
2010 final rule.
---------------------------------------------------------------------------
\21\ U.S. Department of Energy--Energy Information
Administration, Annual Energy Outlook 2010 with Projections to 2035
(Early Release) (Available at: <a href="http://www.eia.gov/outlooks/aeo/">www.eia.gov/outlooks/aeo/</a>) (Last
accessed July 20, 2021).
\22\ For purposes of the updated analysis, DOE estimated 2027 as
the first year of compliance by assuming that the publication of a
potential final rule would occur by 2022 and any amended standards
would apply to DHEs manufactured 5 years after this date. (42 U.S.C.
6295(m)(4)(A)(ii))
\23\ U.S. Department of Energy--Energy Information
Administration, Annual Energy Outlook 2021 with Projections to 2050
(Available at: <a href="http://www.eia.gov/outlooks/aeo/">www.eia.gov/outlooks/aeo/</a>) (Last accessed July 20,
2021).
\24\ For the April 2010 final rule, the fraction of propane
installations is 12 percent for vented gas wall fan and vented gas
wall gravity, 9 percent for vented gas floor furnace heaters, and 38
percent for vented gas room heaters.
---------------------------------------------------------------------------
As vented heaters have not significantly changed since the April
2010 final rule, DOE has determined that the product lifetime has
remained largely the same. DOE has also determined that residential
discount rates have not changed significantly from those in the April
2010 final rule.
Because the total installed costs are estimated not to have changed
significantly, and operating costs are estimated to be comparable, DOE
has determined that the LCC savings for each efficiency level of vented
heaters are similar to the estimates in the April 2010 final rule.
Further, DOE has determined that the relative comparisons between each
efficiency level for each product class remain unchanged and that the
conclusions from the April 2010 final rule and October 2016 final
determination are still applicable.
The PBP is the amount of time it takes the consumer, in a typical
case, to recover the estimated higher purchase expense of more energy-
efficient products through lower operating costs. Numerically, the PBP
is the ratio of the increase in purchase expense (i.e., due to a more
energy-efficient design) to the decrease in annual operating
expenditures. This type of calculation is known as a ``simple'' payback
period, because it does not take into account changes in operating
expense over time or the time value of money (i.e., the calculation is
done at an effective discount rate of zero percent). Payback periods
are expressed in years. Payback periods greater than the life of the
product indicate that the increased total installed cost is not
recovered by the reduced operating expenses.
As previously stated, DOE has estimated that the total installed
costs have not changed significantly, and operating costs are
comparable to the April 2010 final rule results. Therefore, DOE has
determined that the ``simple'' payback period for each efficiency level
of vented heaters is similar to the ``simple'' payback period results
from the April 2010 final rule. Further, DOE has determined that the
relative comparisons between each efficiency level for each product
class remain unchanged and that the conclusions from the April 2010
final rule and October 2016 final determination are still applicable.
In response to the December 2020 NOPD, the Joint Gas Utilities
stated their support for DOE's tentative determination in the December
2020 NOPD that amended energy conservation standards are not cost-
effective on an energy price basis, based on the LCC and PBP analyses.
(Joint Gas Utilities, No. 15 at p. 3) For gas wall gravity type vented
heaters that do not have electricity, NEEA requested that DOE consider
the costs of bringing an electrical connection to the unit and adding a
circulation fan in its LCC analysis to determine whether updated
standards would be cost-effective. (NEEA, No. 20 at p. 2) Flux Tailor
suggested that DOE also consider projected electricity prices in its
analysis as they may well increase in the future, even if natural gas
prices are predicted to decrease. (Flux Tailor, No. 21 at p. 42)
In chapter 8 section 8.2.3.4 of the TSD for the April 2010 final
rule, DOE stated that it included an additional installation cost for
the design options that require electricity. Therefore, the cost of
adding an electrical connection is already accounted for in the LCC
analysis for the product classes that do not use electricity at the
baseline and have higher efficiency levels which use electricity. DOE
disagrees that adding an aftermarket circulation fan to a gas wall
gravity type vented heater should be considered in the LCC analysis.
The addition of an external fan would help circulate heated air
throughout the space but does not help with the heat exchange process
and therefore would not have a noticeable effect on the efficiency of
the gas wall gravity type vented heater as measured by appendix O.
Further, adding an internal circulation fan to a gas wall gravity type
vented heater would make the unit a gas wall fan type vented heater and
would therefore not be covered by the gas wall gravity type vented
heater product class and the energy conservation standards. DOE agrees
with Flux Tailor and uses projected electricity prices in its LCC
analysis.
g. Shipments
In the February 2019 RFI, DOE stated that from the April 2010 final
rule, the Department has included vented heater historical shipment
data from AHRI for gas wall vented heaters from 1990 to 1998 and from
2000 to 2006, for gas floor vented heaters from 1990 to 2007, and for
gas room vented heaters from 1990 to 2005. DOE also has limited
disaggregated shipments for fan type and gravity type gas wall vented
heaters and by input capacity. DOE requested comment on the annual
sales data (i.e., number of shipments) for each vented heater product
class from 2008-2018. 84 FR 6095, 6104-6105 (Feb. 26, 2019). In 2016,
AHRI presented data showing the percentage change in total shipments
for the years 2010-2015 compared with the total shipments over the
period 2001-2006, estimating that gas wall vented heater (including
both fan and gravity type units) shipments were 21 percent less, that
direct vent gas wall vented heater (a form of gas wall vented heater)
shipments were 31 percent less, and that gas room vented heater
shipments were 44 percent less.\25\ AHRI did not have an active
statistics program for gas floor vented heaters and was attempting to
collect annual shipments information for recent years through a special
data collection.
---------------------------------------------------------------------------
\25\ AHRI Comment to the NOPD for Direct Heating Equipment
published in 2016 (June 10, 2016) (Comment No. 7) (Available at:
<a href="http://www.regulations.gov/document/EERE-2016-BT-STD-0007-0007">www.regulations.gov/document/EERE-2016-BT-STD-0007-0007</a>) (Last
accessed July 20, 2021).
---------------------------------------------------------------------------
In response to the December 2020 NOPD, AHRI stated that it was
conducting a special data collection to gather shipment data for each
vented heater product class from 2016-2018, and that these data will be
provided to DOE at a later date. (AHRI, No. 6 at p. 4) At this time,
AHRI has not submitted data for the 2016-2018 time period.
In response to the December 2020 NOPD, the CA IOUs urged DOE to
find new sources of data for the shipment analysis, noting that,
because of the Great Recession, relying on pre-2010 shipment data for
DHE market forecasting may not be prudent. (CA IOUs, No. 17 at p. 3) CA
IOUs also commented that AHRI is conducting a special data collection
of shipments for vented heater products from 2016-2018 and encouraged
DOE to delay any final determination until additional shipments data
from the DHE industry is received and analyzed. (CA IOUs, No. 17 at p.
3)
As stated in the December 2020 NOPD, AHRI provided the percent
change in total shipments for the vented heater market for the years of
2010
[[Page 66419]]
through 2015 as compared to 2001 through 2006 and showed a reduction in
shipments for gas wall vented heaters and gas room vented heaters. 85
FR 77017, 77034 (Dec. 1, 2020). Also, as stated in the December 2020
NOPD, these shipments are lower than the projected shipments from the
April 2010 final rule indicating that the decline in vented heater
shipments has been faster than expected. Id. at 77038. DOE has not
received shipments data more recent than 2015, however, the alignment
of April 2010 final rule shipment projections and the actual shipment
data received from AHRI for 2010 through 2015 along with the reduction
in model counts since 2015 (see section III.B.3) suggest that the
number of shipments have continued to decline for the vented heater
market. Therefore, DOE has determined the shipments data relied on for
its prior determination are appropriate for the present determination.
h. National Energy Savings
As explained in sections III.B.3.d. through III.B.3.g. of this
document, the technology options, energy use, and shipments for DHE
have not changed significantly since the April 2010 final rule and
October 2016 final determination. Accordingly, the national energy
savings are expected to be largely the same as the national energy
savings projected in the April 2010 final rule. In the April 2010 final
rule, DOE estimated that the max-tech TSL (TSL 6) would result in an
additional 0.13 quads of site energy savings over 30 years, as compared
to the adopted TSL (i.e., the current standard levels).\26\ The site
energy savings from the max-tech TSL represent approximately a six-
percent reduction compared to the total 30-year site energy
consumption, as compared to the current standard levels.\27\
---------------------------------------------------------------------------
\26\ DOE used the April 2010 final rule National Impact Analysis
(NIA) spreadsheet for DHE to calculate the site energy savings
difference between the max-tech level (TSL 6) and current standard
level (TSL 2). The site energy savings are available in the
``National Impacts Summary'' worksheet for each product class. The
site energy savings calculation was adjusted to take into account
the site energy savings over 30 years of product shipments (2013-
2042) and to include the full lifetime of products shipped over the
30 year period (2013-2042). The published version of the DHE NIA
spreadsheet only accounted for site energy savings from 2013-2042.
The resulting 30-year site energy savings per product class are:
0.02 quads for gas wall fan type vented heaters, 0.07 quads for gas
wall gravity type vented heaters, 0.00 quads for gas floor vented
heaters, and 0.04 quads for gas room vented heaters. The DHE NIA
spreadsheet (published March 23, 2010) (Available at:
<a href="http://www.regulations.gov/document?D=EERE-2006-STD-0129-0148">www.regulations.gov/document?D=EERE-2006-STD-0129-0148</a>) (Last
accessed Aug. 13, 2020).
\27\ DOE used the April 2010 final rule NIA spreadsheet for DHE
to calculate the total 30-year site energy consumption at the
current standard levels (then TSL 2). The ``Base Case Consumption''
worksheet is used to calculate the total site energy consumption at
the current standard levels for each product class. This worksheet
includes the total ``source energy (Quads)'' per product class. DOE
converted the total source energy to site energy by removing the
site-to-source factors (which come from the ``EnergyPrices
SitetoSource'' worksheet) from the calculation. The site energy
consumption calculation was then expanded to take into account the
site energy consumption over 30 years of product shipments (2013-
2042) and include the full lifetime of products shipped over the 30
year period (2013-2042), to match the site energy savings
calculation. Finally, the totals per product class were adjusted to
take into account the energy savings for the current standard (then
TSL 2). The resulting 30-year site energy consumption totals per
product class are: 0.55 quads for gas wall fan type vented heaters,
1.30 quads for gas wall gravity type vented heaters, 0.02 quads for
gas floor vented heaters, and 0.24 quads for gas room vented
heaters. The 0.13 quads of 30-year site energy savings from the max-
tech TSL are then divided by the resulting total value of 2.11 quads
for the 30-year site energy consumption at the current standard
levels, which results in the 6-percent value.
---------------------------------------------------------------------------
The April 2010 final rule did not contemplate or include a TSL with
specific provisions for a condensing gas wall fan type vented heater.
DOE identified one manufacturer of condensing gas fan type vented
heaters which produces two models at 90-percent AFUE.
i. Manufacturer Impacts
December 2009 NOPR
As stated in section II.B.3.b. of this document, in the NOPR that
preceded the April 2010 final rule, DOE proposed to amend standards for
vented heaters to TSL 3. 74 FR 65852, 65973 (Dec. 11, 2009). In
response to that proposal, DOE received several comments expressing
concerns that:
<bullet> Shipments of vented heaters were low, and, therefore,
potential energy savings were low;
<bullet> Low shipments would make it difficult for manufacturers to
recoup the costs to comply with amended standards;
<bullet> Product offerings may be limited as a response to amended
standards;
<bullet> Manufacturers may exit the industry as a result of amended
standards;
<bullet> Employment may be negatively impacted due to reduced
product lines and insufficient return on investment. 75 FR 20112, 20218
(April 16, 2010).
April 2010 Final Rule
In the April 2010 final rule, DOE additionally found that the
industry had gone through considerable consolidation due to decreased
shipments, that product lines were primarily maintained to provide
replacement products, and that some small business manufacturers could
be disproportionately affected by a more-stringent standard. 75 FR
20112, 20199, and 20218 (April 16, 2010). As mentioned in section
III.B.3.g. of this document, the April 2010 final rule presented a
trend of declining annual shipments throughout the 30-year analysis
period. As discussed in section II.B.2.b. of this document, DOE
ultimately adopted standards at TSL 2 for vented heaters, which was one
TSL below the proposed level. In rejecting proposed TSL 3, DOE
concluded that the benefits of higher potential standard levels would
be outweighed by the economic burden on some consumers, the large
capital conversion costs that could result in a large reduction in INPV
for the manufacturers of vented heaters, and the potential for small
business manufacturers of vented heaters to reduce their product
offerings or to be forced to exit the market completely, thereby
reducing competition in the vented heater market. 75 FR 20112, 20218-
20219 (April 16, 2010).
October 2016 Final Determination
In the April 2016 proposed determination that preceded the October
2016 final determination, DOE tentatively determined that the
conclusions presented in the April 2010 final rule were still valid. 81
FR 21276, 21281 (April 11, 2016). Further, DOE has found that the
number of models offered in each of the vented heater product classes
decreased in the time between the April 2010 final rule and the October
2016 final determination, which indicated that the vented heater market
was shrinking and product lines were mainly maintained as replacements
for current vented heater products. 81 FR 71325, 71327 (Oct. 17, 2016).
In the October 2016 final determination, DOE noted that the number
of manufacturers declined from six to four, indicating consolidation in
the vented heater industry. 81 FR 71325, 71328 (Oct. 17, 2016).
Current Analysis of Manufacturer Impacts
In DOE's most recent review of the market, a total of four
manufacturers were identified within the vented heater industry. At
least two of those four manufacturers are domestic small businesses. In
the December 2020 NOPD, DOE had previously identified five
manufacturers, four of which were domestic small businesses. 85 FR
77017, 77028 (Dec. 1, 2020). Between the
[[Page 66420]]
publication of the December 2020 NOPD and this final determination one
small business manufacturer purchased the other small business
manufacturer's vented heater brand. It is unclear at this time whether
the combined business remains below the SBA's headcount threshold of
500 people to be considered a small business.
In the February 2019 RFI, DOE requested comment on annual sales
data for each vented heater product class from 2008-2018. 84 FR 6095,
6105 (Feb. 26, 2019). DOE did not receive any comment or information
regarding the number and classification of manufacturers presented in
the February 2019 RFI and December 2020 NOPD and, therefore, considers
its previous analysis of industry shipments to still be valid. DOE also
did not receive any comments or data suggesting that DOE's analysis of
the DHE market in the April 2016 NOPD was inaccurate. AHRI supported
DOE's tentative conclusion that if new or amended standards were
proposed, DHE manufacturers would need to undergo significant design
upgrades to existing products that would not be economically supported
by current sales volumes. (AHRI, No. 18 at p. 1) Because the market
conditions are substantially the same as when DOE considered
manufacturer impacts for the April 2010 final rule and October 2016
final determination, DOE concludes that manufacturers would likely face
similar impacts under more-stringent standards as those previously
discussed.
C. Final Determination
In response to the December 2020 NOPD, AHAM, AHRI, the Joint Gas
Utilities, and Ms. Spotswood supported DOE's tentative determination
not to amend standards. (AHAM, No. 19 at p. 1; AHRI, No. 18 at p. 1;
Joint Gas Utilities, No. 15 at p. 3; Ms. Spotswood, No. 14 at p. 1) The
CA IOUs urged DOE to set aside its tentative conclusion not to amend
DHE standards, gather additional and more current technical/market
data, and conduct a thorough energy savings, market, and technical
analysis before proceeding. (CA IOUs, No. 17 at p. 4)
After carefully considering the comments on the February 2019 RFI
and the December 2020 NOPD, along with the available data and
information, DOE has determined that energy conservation standards for
DHE do not need to be amended, for the reasons explained in the
paragraphs immediately following. As discussed in the preceding
sections, DOE's review of the current DHE market indicates that the
technology options, product cost, and energy use have not changed
significantly since the October 2016 final determination. As such, the
conclusions found in the April 2010 final rule and October 2016 final
determination are still valid.
1. Unvented Heaters
As discussed in sections II.B.2.a. and II.B.3.a. of this document,
the efficiency inherent with unvented electric heaters provides
negligible opportunity for energy savings, because any heat loss of the
product is transferred to the conditioned space and not wasted.
Therefore, consistent with previous rulemakings in which it has
addressed unvented electric heaters, DOE has determined that energy
conservation standards for unvented electric heaters are not needed.
As discussed in section III.B.2 of this document, there may be
potential for energy savings for unvented gas and oil heaters subject
to potential test procedure amendments to Appendix G that would require
the measurement of standing pilot light energy use in unvented heaters
that are thermostatically-controlled. As stated, further analysis is
required to fully understand consumer behavior regarding actual
operation of unvented heaters. In particular, the extent to which
consumers turn the standing pilot light off during the non-heating
season requires further investigation. Given the lack of adequate
information on consumer behavior and test procedure provisions that
would capture the related energy savings, DOE has determined not to
establish energy conservation standards for unvented gas and oil
heaters at this time.
2. Vented Heaters
For vented heaters, DOE analyzed each product class--gas wall fan
type, gas wall gravity type, gas floor, and gas room--separately in the
market and evaluated: Technology assessment (sections III.B.3.a. and
III.B.3.b. of this document), the screening analysis (section
III.B.3.c. of this document), the engineering analysis (section
III.B.3.d. of this document), the LCC and PBP analysis (section
III.B.3.f. of this document), the shipments analysis (section
III.B.3.g. of this document), all vented heaters together in the energy
use analysis (section III.B.3.e. of this document), the national energy
savings analysis (section III.B.3.h. of this document), and the
manufacturer impact analysis (section III.B.3.i. of this document) when
making a determination of whether amended standards are justified under
EPCA.
a. Technological Feasibility
EPCA mandates that DOE consider whether amended energy conservation
standards for vented heaters would be technologically feasible. (42
U.S.C. 6295(m)(1)(A) and 42 U.S.C. 6295(n)(2)(B)) For gas floor vented
heaters, as discussed in section III.B.3.d. of this document, the
maximum available efficiency level on the market is at the baseline
efficiency level (i.e., the current standard). Since there are no
models available on the market above baseline and DOE is unaware of any
prototype designs that have demonstrated higher efficiencies for gas
floor vented heaters, DOE concludes that more stringent standards for
gas floor vented heaters are not technologically feasible.
DOE has determined that there are technology options that would
improve the efficiency of gas wall fan type vented heaters, gas wall
gravity type vented heaters, and gas room vented heaters. These
technology options are being used in commercially available gas wall
fan type vented heaters, gas wall gravity type vented heaters, and gas
room vented heaters and, therefore, are technologically feasible. (See
section III.B.3.b. of this document for further information.) Hence,
DOE has determined that amended energy conservation standards for gas
wall fan type vented heaters, gas wall gravity type vented heaters, and
gas room vented heaters are technologically feasible.
b. Cost-Effectiveness
As the next step in the agency's analysis, EPCA requires DOE to
then consider whether amended energy conservation standards for gas
wall fan type vented heaters, gas wall gravity type vented heaters, and
gas room vented heaters would be cost-effective through an evaluation
of the savings in operating costs throughout the estimated average life
of the covered product compared to any increase in the price of, or in
the initial charges for, or maintenance expenses of the covered
products which are likely to result from the amended standard. (42
U.S.C. 6295(m)(1)(A), 42 U.S.C. 6295(n)(2)(C), and 42 U.S.C.
6295(o)(2)(B)(i)(II)) As discussed in sections II.B.2.b and III.B.3.f.
of this document, DOE determined that the LCC and PBP analyses of TSL
3, the TSL immediately above the level adopted as a Federal standard
(and which was proposed in the October 2009 NOPR and rejected in the
April 2010 final rule), as evaluated in the April 2010 final rule,
indicated that initial costs to some consumers
[[Page 66421]]
outweighed the consumer benefits. 75 FR 20112, 20218-20219 (April 16,
2010); 81 FR 71325, 71327 (Oct. 17, 2016) DOE's full determination in
the April 2010 final rule was also based on the impact to manufacturers
as discussed in section III.B.3.i. and section III.C.2.d. of this
document. DOE has determined that the LCC and PBP analyses conducted
for the April 2010 final rule remain generally applicable.
c. Energy Savings
As discussed in section III.B.3.e. of this document, DOE has
determined it appropriate to base its energy savings analysis on the
estimates developed during the April 2010 final rule and October 2016
final determination. Based on its analysis, DOE estimated that for gas
wall fan type vented heaters, gas wall gravity type vented heaters, and
gas room vented heaters, potential site energy savings from more-
stringent standards at the max-tech level would be 0.13 quads.
d. Further Considerations
As previously discussed, DOE is required to publish either a
notification of a determination that standards for vented heaters do
not need to be amended, or a NOPR including new proposed standards. (42
U.S.C. 6295(m)(1) and 42 U.S.C. 6295(m)(3)(B)) If DOE publishes a NOPR
including new proposed standards, the proposed standards must be
designed to achieve the maximum improvement in energy efficiency, which
DOE determines is technologically feasible and economically justified.
(42 U.S.C. 6295(m)(1)(B); 42 U.S.C. 6295(o)(2)(A)). In determining
whether new proposed standards would be economically justified, DOE
must determine whether the benefits of the standards exceed their
burdens by considering, to the greatest extent practicable, the seven
statutory criteria previously discussed. (42 U.S.C. 6295(o)(2)(B)(i))
For gas wall fan type vented heaters, gas wall gravity type vented
heaters, and gas room vented heaters, DOE considered the findings of
the April 2010 final rule and the October 2016 final determination, in
addition to comments received in response to the February 2019 RFI and
December 2020 NOPD. As discussed in section III.B.3.g. of this
document, the number of vented heater shipments were projected to
decline in the April 2010 final rule, and comments received during the
rulemaking that resulted in the October 2016 final determination
indicated that shipments have indeed continued to decline since the
previous analysis was conducted. Further, DOE stated in the April 2016
NOPD which preceded the October 2016 final determination that shipments
were in fact lower than projected in the April 2010 final rule,
indicating that the decline has been faster than expected. 81 FR 21276,
21281 (April 11, 2016) This supports the notion that the vented heater
market is continuing to shrink, that product lines are mainly
maintained as replacements for existing vented heaters units, and that
new product lines generally are not being developed. In addition, the
one new manufacturer of vented heaters that has entered the market
since the October 2016 final determination only produces two models,
neither of which have AFUE values outside of the range offered by other
manufacturers, or any other characteristics that make them unique from
other products already on the market and one small business
manufacturer has left the market. As discussed in sections III.B.3.a.
and III.B.3.d. of this document, DOE found that the available AFUE
values have largely stayed the same or decreased, with more-efficient
products being taken off the market or rerated to lower AFUE values.
As discussed in section III.B.3.f. of this document, an examination
of how the inputs to the LCC and PBP analysis have changed since the
April 2010 final rule indicates that the LCC and PBP results from the
April 2010 final rule would be comparable today. As discussed in
section III.B.3.i. of this document, DOE did not receive any comments
or data in response to the February 2019 RFI or December 2020 NOPD that
suggested a change in the historical trends within this industry.
In the April 2010 final rule, DOE rejected higher standards,
finding that capital conversion costs would lead to a large reduction
in INPV and that small businesses would be disproportionately impacted,
which would outweigh any benefits from higher standard levels. 75 FR
20112, 20217-20218 (April 16, 2010) Upon reviewing the current market
for vented heaters, DOE has determined that its prior determination
regarding the impact on INPV remains valid (i.e., standard levels above
the current Federal energy conservation standard would require
manufacturers to make significant capital investments of the magnitude
initially projected in the April 2010 final rule). As shipments for
vented heaters have continued to decrease, manufacturers would be
required to make investments to update model lines and manufacturing
facilities with fewer shipments over which to spread the cost. This
would lead to even more difficulty in recovering their investment than
was projected in the April 2010 final rule.
In addition, DOE has determined that its conclusions regarding
small business impacts from the April 2010 final rule and the October
2016 final determination are still valid concerns (i.e., small
businesses would likely reduce product offerings or leave the vented
heater market entirely if the standard were to be set above the level
adopted in that rulemaking). Two of the four identified manufacturers
of gas wall fan type vented heaters, gas wall gravity type vented
heaters, and gas room vented heaters are small businesses.
e. Standby Mode and Off Mode
EPCA requires DOE to incorporate standby mode and off mode energy
use into a single amended or new standard (if feasible) or prescribe a
separate standard for standby mode and off mode energy consumption in
any final rule establishing or revising a standard for a covered
product, adopted after July 1, 2010. (42 U.S.C. 6295(gg)(3)(A)-(B))
Because DOE is not amending standards for DHE in this rule, DOE is not
required to adopt amended standards that include standby and off mode
energy use. DOE notes that fossil fuel energy use in standby mode and
off mode is already included in the AFUE metric, and DOE anticipates
that electric standby and off mode energy use is small in comparison to
fossil fuel energy use.
f. Summary
For gas floor vented heaters, DOE concludes that more-stringent
standards for gas floor vented heaters are not technologically
feasible. As such, DOE also concludes that there is no conservation of
energy possible from including gas floor vented heaters. Therefore, DOE
has determined that amended standards for gas floor vented heaters are
not needed.
DOE has determined that, for gas wall fan type vented heaters, gas
wall gravity type vented heaters, and gas room vented heaters, the
potential benefits from amended standards would be outweighed by
burdens on manufacturers. As such, DOE has determined that new proposed
standards would not be economically justified. Therefore, DOE has
determined that amended standards for gas wall fan type vented heaters,
gas wall gravity type heaters, and gas room vented heaters are not
justified at this time.
[[Page 66422]]
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
The Office of Management and Budget (OMB) has determined that this
final determination does not constitute a ``significant regulatory
action'' under section 3(f) of Executive Order (E.O.) 12866,
``Regulatory Planning and Review,'' 58 FR 51735 (Oct. 4, 1993).
Accordingly, this action was not subject to review under E.O. 12866 by
the Office of Information and Regulatory Affairs (OIRA) at 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 E.O. 13272, ``Proper Consideration of Small Entities in
Agency Rulemaking,'' 67 FR 53461 (August 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 (<a href="http://www.energy.gov/gc/office-general-counsel">www.energy.gov/gc/office-general-counsel</a>).
DOE reviewed this final determination under the provisions of the
Regulatory Flexibility Act and the policies and procedures published on
February 19, 2003. DOE is proposing to not amend standards for DHE. On
the basis of the foregoing, DOE certifies that the final determination
will not have a ``significant economic impact on a substantial number
of small entities.'' Accordingly, DOE has not prepared an FRFA for this
final determination. DOE will transmit this 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
This final determination, which determines that amended energy
conservation standards for DHE are not justified, would impose no new
informational or recordkeeping requirements. Accordingly, OMB clearance
is not required under the Paperwork Reduction Act. (44 U.S.C. 3501 et
seq.)
D. Review Under the National Environmental Policy Act of 1969
Pursuant to the National Environmental Policy Act (NEPA) of 1969,
DOE has analyzed this proposed action in accordance with NEPA and DOE's
NEPA implementing regulations (10 CFR part 1021). DOE has determined
that this rule qualifies for categorical exclusion under 10 CFR part
1021, subpart D, appendix A5 because it is an interpretive rulemaking
that does not change the environmental effect of the rule and meets the
requirements for application of a CX. See 10 CFR 1021.410. Therefore,
DOE has determined that promulgation of this rule is not a major
Federal action significantly affecting the quality of the human
environment within the meaning of NEPA, and does not require an EA or
EIS.
E. Review Under Executive Order 13132
E.O. 13132, ``Federalism,'' 64 FR 43255 (August 10, 1999), imposes
certain requirements on Federal agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. E.O. 13132 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. E.O. 13132 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 final determination 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 final determination. 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) As this final determination would
not amend the standards for DHE, there is no impact on the policymaking
discretion of the States. Therefore, no action is required by E.O.
13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of E.O. 12988, ``Civil Justice
Reform,'' 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. 61 FR 4729 (Feb. 7, 1996).
Regarding the review required by section 3(a), section 3(b) of E.O.
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 E.O. 12988 requires Executive
agencies to review regulations in light of applicable standards in
section 3(a) and section 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,
this final determination meets the relevant standards of E.O. 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
[[Page 66423]]
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 them. On March
18, 1997, DOE published a policy statement on its process for
intergovernmental consultation under UMRA. 62 FR 12820. DOE's policy
statement is also available at: <a href="http://www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf">www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf</a>.
DOE examined this final determination according to UMRA and its
policy statement and determined that the final determination does not
contain a Federal intergovernmental mandate, nor is it expected to
require expenditures of $100 million or more in any one year. As a
result, the analytical requirements of UMRA 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 final determination 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
Pursuant to E.O. 12630, ``Governmental Actions and Interference
with Constitutionally Protected Property Rights,'' 53 FR 8859 (March
18, 1988), DOE has determined that this final determination would not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under the 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 Federal agencies to
review most disseminations of information to the public under
information quality 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 final determination under
the OMB and DOE guidelines and has concluded that it is consistent with
applicable policies in those guidelines.
K. Review Under Executive Order 13211
E.O. 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 OIRA at 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 promulgates or is expected to lead to promulgation of a
final rule, and that: (1) Is a significant regulatory action under E.O.
12866, or any successor Executive 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.
This final determination, which does not amend the energy
conservation standards for DHE, is not a significant regulatory action
under E.O. 12866. Moreover, it will 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 at OIRA.
Therefore, it is not a significant energy action, and accordingly, DOE
has not prepared a Statement of Energy Effects.
L. Information Quality
On December 16, 2004, OMB, in consultation with the Office of
Science and Technology Policy (OSTP), issued its Final Information
Quality Bulletin for Peer Review (the Bulletin). 70 FR 2664 (Jan. 14,
2005). The Bulletin establishes that certain scientific information
shall be peer reviewed by qualified specialists before it is
disseminated by the Federal Government, including influential
scientific information related to agency regulatory actions. The
purpose of the bulletin is to enhance the quality and credibility of
the Government's scientific information. Under the Bulletin, the energy
conservation standards rulemaking analyses are ``influential scientific
information,'' which the Bulletin defines as ``scientific information
the agency reasonably can determine will have, or does have, a clear
and substantial impact on important public policies or private sector
decisions.'' Id. at 70 FR 2667.
In response to OMB's Bulletin, DOE conducted formal peer reviews of
the energy conservation standards development process and the analyses
that are typically used and has prepared a peer review report
pertaining to the energy conservation standards rulemaking
analyses.\28\ Generation of this report involved a rigorous, formal,
and documented evaluation using objective criteria and qualified and
independent reviewers to make a judgment as to the technical/
scientific/business merit, the actual or anticipated results, and the
productivity and management effectiveness of programs and/or projects.
DOE has determined that the peer-reviewed analytical process continues
to reflect current practice, and the Department followed that process
for considering amended energy conservation standards in the case of
the present action.
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\28\ ``Energy Conservation Standards Rulemaking Peer Review
Report'' (2007) (Available at: <a href="http://www.energy.gov/eere/buildings/downloads/energy-conservation-standards-rulemaking-peer-review-report-0">www.energy.gov/eere/buildings/downloads/energy-conservation-standards-rulemaking-peer-review-report-0</a>).
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V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
determination.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Intergovernmental relations, Reporting and recordkeeping requirements,
and Small businesses.
Signing Authority
This document of the Department of Energy was signed on November
17, 2021, by Kelly J. Speakes-Backman, Principal Deputy 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.
[[Page 66424]]
Signed in Washington, DC, on November 18, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-25537 Filed 11-22-21; 8:45 am]
BILLING CODE 6450-01-P
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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.