Proposed Rule2022-08441
Energy Conservation Program: Energy Conservation Standards for Certain Commercial and Industrial Equipment; Small Electric Motors
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 20, 2022
Issuing agencies
Energy Department
Abstract
The U.S. Department of Energy ("DOE") is undertaking a review for amended energy conservation standards for small electric motors to determine whether to amend applicable energy conservation standards for this equipment. Specifically, through this request for information ("RFI"), DOE seeks data and information to evaluate whether amended energy conservation standards would result in significant savings of energy; be technologically feasible; and be economically justified. DOE welcomes written comments from the public on any subject within the scope of this document (including those topics not specifically raised in this RFI), as well as the submission of data and other relevant information concerning this RFI.
Full Text
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<title>Federal Register, Volume 87 Issue 76 (Wednesday, April 20, 2022)</title>
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[Federal Register Volume 87, Number 76 (Wednesday, April 20, 2022)]
[Proposed Rules]
[Pages 23471-23474]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08441]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 87, No. 76 / Wednesday, April 20, 2022 /
Proposed Rules
[[Page 23471]]
DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE-2022-BT-STD-0014]
RIN 1904-AF39
Energy Conservation Program: Energy Conservation Standards for
Certain Commercial and Industrial Equipment; Small Electric Motors
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Request for information.
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SUMMARY: The U.S. Department of Energy (``DOE'') is undertaking a
review for amended energy conservation standards for small electric
motors to determine whether to amend applicable energy conservation
standards for this equipment. Specifically, through this request for
information (``RFI''), DOE seeks data and information to evaluate
whether amended energy conservation standards would result in
significant savings of energy; be technologically feasible; and be
economically justified. DOE welcomes written comments from the public
on any subject within the scope of this document (including those
topics not specifically raised in this RFI), as well as the submission
of data and other relevant information concerning this RFI.
DATES: Written comments and information are requested and will be
accepted on or before May 20, 2022.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>, under docket
number EERE-2022-BT-STD-0014. Follow the instructions for submitting
comments. Alternatively, comments may be submitted by email to
<a href="/cdn-cgi/l/email-protection#ca99a7aba6a68fa6afa987a5bea5b8b9f8faf8f8999e8efafafbfe8aafafe4aea5afe4ada5bc"><span class="__cf_email__" data-cfemail="67340a060b0b220b02042a081308151455575555343323575756532702024903080249000811">[email protected]</span></a>. Include docket number EERE-2022-
BT-STD-0014 in the subject line of the message.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section III of this document.
Although DOE has routinely accepted public comment submissions
through a variety of mechanisms, including the Federal eRulemaking
Portal, email, postal mail and hand delivery/courier, the Department
has found it necessary to make temporary modifications to the comment
submission process in light of the ongoing corona virus 2019 (``COVID-
19'') pandemic. DOE is currently suspending receipt of public comments
via postal mail and hand delivery/courier. If a commenter finds that
this change poses an undue hardship, please contact Appliance Standards
Program staff at (202) 586-1445 to discuss the need for alternative
arrangements. Once the COVID-19 pandemic health emergency is resolved,
DOE anticipates resuming all of its regular options for public comment
submission, including postal mail and hand delivery/courier.
Docket: The docket for this activity, which includes Federal
Register notices, comments, and other supporting documents/materials,
is available for review at <a href="http://www.regulations.gov">www.regulations.gov</a>. All documents in the
docket are listed in the <a href="http://www.regulations.gov">www.regulations.gov</a> index. However, some
documents listed in the index, such as those containing information
that is exempt from public disclosure, may not be publicly available.
The docket web page can be found at <a href="http://www.regulations.gov/docket/EERE-2022-BT-STD-0014">www.regulations.gov/docket/EERE-2022-BT-STD-0014</a>. The docket web page contains instructions on how
to access all documents, including public comments, in the docket. See
section III for information on how to submit comments through
<a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT:
Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 586-9870. Email: <a href="/cdn-cgi/l/email-protection#7f3e0f0f13161e111c1a2c0b1e111b1e0d1b0c2e0a1a0c0b1610110c3f1a1a511b101a51181009"><span class="__cf_email__" data-cfemail="276657574b4e4649444274534649434655435476524254534e4849546742420943484209404851">[email protected]</span></a>.
Mr. Michael Kido, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-8145. Email: <a href="/cdn-cgi/l/email-protection#470a2e242f26222b690c2e2328072f366923282269202831"><span class="__cf_email__" data-cfemail="fbb69298939a9e97d5b0929f94bb938ad59f949ed59c948d">[email protected]</span></a>.
For further information on how to submit a comment or review other
public comments and the docket, contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
<a href="/cdn-cgi/l/email-protection#307140405c59515e53556344515e54514254436145554344595f5e437055551e545f551e575f46"><span class="__cf_email__" data-cfemail="aceddcdcc0c5cdc2cfc9ffd8cdc2c8cddec8dffdd9c9dfd8c5c3c2dfecc9c982c8c3c982cbc3da">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority
B. Rulemaking History
C. Deviation From Appendix A
II. Request for Information
A. Significant Savings of Energy
B. Technological Feasibility
C. Economic Justification
III. Submission of Comments
I. Introduction
DOE has established a review process to conduct a more focused
analysis to evaluate, based on statutory criteria, whether a new or
amended energy conservation standard is warranted. Based on the
information received in response to the RFI and DOE's own analysis, DOE
will determine whether to proceed with a rulemaking for a new or
amended energy conservation standard. If DOE makes an initial
determination that a new or amended energy conservation standard would
satisfy the applicable statutory criteria or DOE's analysis is
inconclusive, DOE would undertake the preliminary stages of a
rulemaking to issue a new or amended energy conservation standard. If
DOE makes an initial determination based upon available evidence that a
new or amended energy conservation standard would not meet the
applicable statutory criteria, DOE would engage in a notice and comment
rulemaking before issuing a final determination that new or amended
energy conservation standards are not warranted.
A. Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
among other things, authorizes DOE to regulate the energy efficiency of
a number of consumer products and certain industrial equipment. (42
U.S.C. 6291-
[[Page 23472]]
6317) Title III, Part C \2\ of EPCA, added by Public Law 95-619, Title
IV, section 441(a) (42 U.S.C. 6311-6317, as codified), established the
Energy Conservation Program for Certain Industrial Equipment, which
sets forth a variety of provisions designed to improve energy
efficiency. This equipment includes small electric motors (``SEMs''),
the subject of this document. (42 U.S.C. 6311(13)(G); 42 U.S.C.
6317(b))
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\1\ 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), which reflect the last statutory amendments that impact
Parts A and A-1 of EPCA.
\2\ For editorial reasons, upon codification in the U.S. Code,
Part C was redesignated Part A-1.
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Under EPCA, DOE's energy conservation program consists essentially
of four parts: (1) Testing, (2) labeling, (3) Federal energy
conservation standards, and (4) certification and enforcement
procedures. Relevant provisions of EPCA include definitions (42 U.S.C.
6311), test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C.
6315), energy conservation standards (42 U.S.C. 6313), and the
authority to require information and reports from manufacturers (42
U.S.C. 6316; 42 U.S.C. 6296).
EPCA directed DOE to establish a test procedure for those SEMs for
which DOE determined that energy conservation standards would (1) be
technologically feasible and economically justified and (2) result in
significant energy savings. (42 U.S.C. 6317(b)(1)) Manufacturers of
covered equipment must use the Federal test procedures as the basis
for: (1) Certifying to DOE that their equipment complies with the
applicable energy conservation standards adopted pursuant to EPCA (42
U.S.C. 6316(a); 42 U.S.C. 6295(s)), and (2) making representations
about the efficiency of that equipment (42 U.S.C. 6314(d)). The DOE
test procedures for SEMs appear at 10 CFR part 431, subpart X.
EPCA further directed DOE to prescribe energy conservation
standards for those SEMs for which test procedures were established.
(42 U.S.C. 6317(b)(2)) Additionally, EPCA prescribed that any such
standards shall not apply to any SEM which is a component of a covered
product under 42 U.S.C. 6292(a) or covered equipment under 42 U.S.C.
6311 of EPCA. (42 U.S.C. 6317(b)(3)) Federal energy efficiency
requirements for covered equipment established under EPCA generally
supersede State laws and regulations concerning energy conservation
testing, labeling, and standards. (See 42 U.S.C. 6316(a) and (b); 42
U.S.C. 6297(a)-(c)).
EPCA requires that, not later than 6 years after the issuance of
any final rule establishing or amending a standard, DOE evaluate the
energy conservation standards for each type of covered equipment,
including those at issue here, and publish either a notice of
determination that the standards do not need to be amended, or a NOPR
that includes new proposed energy conservation standards (proceeding to
a final rule, as appropriate). (42 U.S.C. 6316(a); 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
make a new determination not to amend the standards or issue a NOPR
including new proposed energy conservation standards. (42 U.S.C.
6316(a); 42 U.S.C. 6295(m)(3)(B)) DOE must make the analysis on which a
determination is based publicly available and provide an opportunity
for written comment. (42 U.S.C. 6316(a); 42 U.S.C. 6295(m)(2))
In making a determination that the standards do not need to be
amended, DOE must evaluate under the criteria of 42 U.S.C. 6295(n)(2)
whether amended standards (1) will result in significant conservation
of energy, (2) are technologically feasible, and (3) are cost effective
as described under 42 U.S.C. 6295(o)(2)(B)(i)(II). (42 U.S.C. 6316(a);
42 U.S.C. 6295(m)(1)(A) and 42 U.S.C. 6295(n)(2)) 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 of, or in the initial charges for, or maintenance
expenses of, the covered products which are likely to result from the
imposition of the standard.
DOE is publishing this document in accordance with its authority
under EPCA, and in satisfaction of its statutory requirement under
EPCA.
B. Rulemaking History
On January 19, 2021, DOE published a notice of final determination
(``January 2021 Final Determination'') with the determination that
energy conservation standards for SEMs should not be amended. 86 FR
4885. In the January 2021 Final Determination, while DOE determined
that more stringent standards would be technologically feasible, DOE
also determined that more stringent energy conservation standards would
not be cost effective. 86 FR 4885, 4906. Therefore, DOE determined that
the current standards for SEMs did not need to be amended. Id.
C. Deviation From Appendix A
In accordance with section 3(a) of 10 CFR part 430, subpart C,
appendix A (``appendix A''), applicable to covered equipment under 10
CFR 431.4, DOE notes that it is deviating from that appendix's
provision requiring an early assessment review and a 75-day comment
period for all pre-NOPR standards documents. 10 CFR part 430, subpart
C, appendix A, sections 6(a)(1) and 6(d)(2). Given that the market and
technologies have not changed substantively since the prior rulemaking
during which stakeholders were provided an opportunity to comment, this
RFI with the 30-day comment period is expected to provide sufficient
opportunity for stakeholders to provide comment.
II. Request for Information
DOE is publishing this RFI to collect data and information to
inform its decision, consistent with its obligations under EPCA, as to
whether the Department should proceed with an energy conservation
standards rulemaking. In the following sections, DOE has identified
certain topics for which information and data are requested to assist
in the evaluation of the potential for amended energy conservation
standards. DOE also welcomes comments on other issues relevant to the
RFI that may not specifically be identified in this document.
A. Significant Savings of Energy
In the January 2021 Final Determination, DOE determined that
amended standards would not satisfy the cost-effectiveness criterion as
required by EPCA when determining whether to amend standards for a
given covered product or equipment. (42 U.S.C. 6316(a); 42 U.S.C.
6295(m)(1)(A) and 42 U.S.C. 6295(n)(2)(C)) Consequently, DOE did not
separately determine whether the potential energy savings would be
significant for the purposes of 42 U.S.C. 6295(n)(2). 86 FR 4885, 4899.
On March 9, 2010, DOE established the current energy conservation
standards for small electric motors. 75 FR 10874 (``March 2010 Final
Rule''). In the March 2010 Final Rule, DOE projected that the adopted
energy conservation standards would result in 2.2 quadrillion British
thermal units (``quads'') of primary energy savings over a 30-year
period (i.e., 0.29 quad at TSL 4b for polyphase SEMs and 1.91 quad at
TSL 7 for single phase SEMs). 75 FR 10874, 10876. Additionally, DOE
estimated that an energy conservation standard established at an energy
efficiency level equivalent to that achieved using the maximum
available technology (``max-tech'') would have
[[Page 23473]]
resulted in 2.7 quads of primary energy savings (i.e., an additional
0.5 quads of primary energy savings above the selected standard) (i.e.,
0.37 quad at TSL 7 for polyphase SEMs and 2.33 quad at TSL 8 for single
phase SEMs). 75 FR 10874, 10916.
While DOE's request for information is not limited to the following
issues, DOE is particularly interested in comment, information, and
data on the following topics.
1. DOE seeks comments on whether the results of the energy use are
still relevant. Specifically, DOE seeks inputs on whether the inputs to
the energy use calculation used in the January 2021 Final Determination
are still relevant. If revisions are needed, DOE seeks input on data
sources that DOE can use to characterize the variability in annual
energy consumption for SEMs. Specifically, DOE is requesting data and
information related to: (1) The distribution of shipments across
applications and sectors by equipment class or by motor topology and
horsepower; (2) typical operating hours by application and sector; (3)
typical motor load by application and sector; and (4) typical load
profiles (i.e., percentage of annual operating hours spent at specified
load points) by application and sector.
2. DOE seeks comments on whether the no-new standards case
efficiency distributions used in the January 2021 Final Determination
still reflect the current mix of equipment efficiency in the market.
DOE seeks data and input on the appropriate efficiency distribution in
the no-new standards case for SEMs by equipment class group and
horsepower range. DOE seeks data that would support changes in
efficiency distributions over time in the no-new standards case.
3. DOE seeks comments on whether or not the inputs to the shipments
analysis used in the March 2010 Final Rule are still relevant. DOE
further requests 2011-2021 (or the most recently available) annual
sales data (i.e., number of shipments) for SEMs by equipment class. If
disaggregated data of annual sales are not available at the equipment
class level, DOE requests more aggregated data of annual sales at the
motor topology level. DOE also requests data and information to help
characterize future shipments of SEMs by equipment classes.
Specifically, DOE requests information on the rate at which annual
sales (i.e., number of shipments) of SEMs is expected to change in the
next 5-10 years. If possible, DOE requests this information by motor
topology.
B. Technological Feasibility
During the January 2021 Final Determination, DOE considered a
number of technology options that manufacturers could use to reduce
energy consumption in SEMs.
4. DOE seeks comment on any changes to these technology options
since the January 2021 Final Determination that could affect whether
DOE could propose a ``no-new-standards'' determination, such as an
insignificant increase in the range of efficiencies and performance
characteristics of these technology options. DOE also seeks comment on
whether there are any updated or new technology options that DOE should
consider in its analysis.
5. DOE seeks comment on whether the methodologies employed in the
January 2021 Final Determination engineering analysis, specifically
regarding the adoption of the motor designs and associated efficiency
levels considered in the March 2010 Final Rule analysis as the basis
for the final determination, still apply. If not, DOE seeks comment on
how the methodologies should be updated.
C. Economic Justification
In determining whether a proposed energy conservation standard is
economically justified, DOE analyzes, among other things, the potential
economic impact on consumers, manufacturers, and the Nation. DOE seeks
comment on whether there are economic barriers to the adoption of more
stringent energy conservation standards. DOE also seeks comment and
data on indicating whether a more stringent energy conservation
standard would be cost effective and economically justified.
While DOE's request for information is not limited to the following
issues, DOE is particularly interested in comment, information, and
data on the following.
6. DOE seeks input on whether and how the costs estimated for motor
designs considered in the January 2021 Final Determination have changed
since the time of that analysis. DOE also requests information on the
investments (including related costs) necessary to incorporate specific
design options, including, but not limited to, costs related to new or
modified tooling (if any), materials, engineering and development
efforts to implement each design option, and manufacturing/production
impacts.
7. DOE requests information on the existence of any distribution
channels other than the channels that were identified in the January
2021 Final Determination. DOE also requests data on the fraction of
sales that go through these channels and any other identified
channels.\3\
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\3\ In the January 2021 Final Determination, DOE identified
three distribution channels for small electric motors and estimated
their respective shares of sales volume: (1) From manufacturers to
original equipment manufacturers (``OEMs''), who incorporate motors
in larger pieces of equipment, to OEM equipment distributors, to
contractors, and then to end-users (65 percent of shipments); (2)
from manufacturers to wholesale distributors, to OEMs, to OEM
equipment distributors, to contractors, and then to end-users (30
percent of shipments); and (3) from manufacturers to distributors or
retailers, to contractors and then to end-users (5 percent of
shipments). 86 FR 4885, 4899.
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8. DOE seeks comments on whether the lifetime inputs used in the
January 2021 Final Determination are still valid. DOE seeks data and
input on the appropriate equipment lifetimes for small electric motors
both in years and in lifetime mechanical hours that DOE should apply in
its analysis.\4\
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\4\ In the January 2021 Final Determination, DOE used two
Weibull distributions. One characterizes the motor lifetime in total
operating hours (i.e., mechanical lifetime), while the other
characterizes the lifetime in years of use in the application (e.g.,
a pump). DOE estimated motor mechanical lifetimes of 40,000 hours
for polyphase motors and 30,000 hours for single phase motors. DOE
estimated average application lifetimes to 7.8-9.7 years. 86 FR
4885, 4902.
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III. Submission of Comments
DOE invites all interested parties to submit in writing by the date
under the DATES heading, comments and information on matters addressed
in this notification and on other matters relevant to DOE's review of
whether more-stringent energy conservation standards are warranted for
SEMs.
Submitting comments via <a href="http://www.regulations.gov">www.regulations.gov</a>. The
<a href="http://www.regulations.gov">www.regulations.gov</a> web page requires you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be
[[Page 23474]]
included in your comment, nor in any document attached to your comment.
If this instruction is followed, persons viewing comments will see only
first and last names, organization names, correspondence containing
comments, and any documents submitted with the comments.
Do not submit to <a href="http://www.regulations.gov">www.regulations.gov</a> information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (CBI)). Comments submitted through
<a href="http://www.regulations.gov">www.regulations.gov</a> cannot be claimed as CBI. Comments received through
the website will waive any CBI claims for the information submitted.
For information on submitting CBI, see the Confidential Business
Information section.
DOE processes submissions made through <a href="http://www.regulations.gov">www.regulations.gov</a> before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that <a href="http://www.regulations.gov">www.regulations.gov</a>
provides after you have successfully uploaded your comment.
Submitting comments via email. Comments and documents submitted via
email also will be posted to <a href="http://www.regulations.gov">www.regulations.gov</a>. If you do not want
your personal contact information to be publicly viewable, do not
include it in your comment or any accompanying documents. Instead,
provide your contact information in a cover letter. Include your first
and last names, email address, telephone number, and optional mailing
address. The cover letter will not be publicly viewable as long as it
does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. Faxes will not be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, or text (ASCII) file format. Provide documents that are not
secured, written in English, and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email two well-marked copies: one copy of the document marked
``confidential'' including all the information believed to be
confidential, and one copy of the document marked ``non-confidential''
with the information believed to be confidential deleted. DOE will make
its own determination about the confidential status of the information
and treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
DOE considers public participation to be a very important part of
the process for developing test procedures and energy conservation
standards. DOE actively encourages the participation and interaction of
the public during the comment period in each stage of this process.
Interactions with and between members of the public provide a balanced
discussion of the issues and assist DOE in the process. Anyone who
wishes to be added to the DOE mailing list to receive future notices
and information about this process should contact Appliance and
Equipment Standards Program staff at (202) 287-1445 or via email at
<a href="/cdn-cgi/l/email-protection#fdbc8d8d91949c939e98ae899c93999c8f998eac88988e899492938ebd9898d3999298d39a928b"><span class="__cf_email__" data-cfemail="e3a293938f8a828d8086b097828d8782918790b2968690978a8c8d90a38686cd878c86cd848c95">[email protected]</span></a>.
Signing Authority
This document of the Department of Energy was signed on April 14,
2022, 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.
Signed in Washington, DC, on April 15, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-08441 Filed 4-19-22; 8:45 am]
BILLING CODE 6450-01-P
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