Rule2022-10373
Energy Conservation Program: Test Procedures for Direct Heating Equipment
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
May 20, 2022
Effective
June 21, 2022
Issuing agencies
Energy Department
Abstract
The U.S. Department of Energy ("DOE") is amending the test procedure for direct heating equipment to incorporate by reference the most recent versions of the industry consensus test standards previously referenced in the Federal test procedure, while maintaining the existing oil pressure measurement error value. DOE is also updating definitions regarding unvented heaters, accounting for multiple operational modes, specifying the input rate for conducting the cyclic condensate collection test, specifying the use of manufacturer values for gas supply pressure in certain circumstances, specifying the allowable range of regulator outlet pressure and specific gravity, providing an option to use fewer thermocouples in the thermocouple grid for models with small-diameter flues, clarifying instructions for calculations regarding condensate mass measurements, and specifying the methods to appropriately shield thermocouples from radiation.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 98 (Friday, May 20, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Rules and Regulations]
[Pages 30775-30794]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10373]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2019-BT-TP-0003]
RIN 1904-AE30
Energy Conservation Program: Test Procedures for Direct Heating
Equipment
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') is amending the test
procedure for direct heating equipment to incorporate by reference the
most recent versions of the industry consensus test standards
previously referenced in the Federal test procedure, while maintaining
the existing oil pressure measurement error value. DOE is also updating
definitions regarding unvented heaters, accounting for multiple
operational modes, specifying the input rate for conducting the cyclic
condensate collection test, specifying the use of manufacturer values
for gas supply pressure in certain circumstances, specifying the
allowable range of regulator outlet pressure and specific gravity,
providing an option to use fewer thermocouples in the thermocouple grid
for models with small-diameter flues, clarifying instructions for
calculations regarding condensate mass measurements, and specifying the
methods to appropriately shield thermocouples from radiation.
DATES: The effective date of this rule is June 21, 2022. The final rule
changes will be mandatory for product testing starting November 16,
2022. The incorporation by reference of certain publications listed in
the rule is approved by the Director of the Federal Register on June
21, 2022. The incorporation by reference of other publications listed
in this rulemaking was approved by the Director of the Federal Register
on January 16, 2013.
ADDRESSES: The docket, 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 those
containing information that is exempt from public disclosure, may not
be publicly available.
A link to the docket web page can be found at www.regulations.gov/
[[Page 30776]]
docket?D=EERE-2019-BT-TP-0003. 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#cb8abbbba7a2aaa5a8ae98bfaaa5afaab9afb89abeaeb8bfa2a4a5b88baeaee5afa4aee5aca4bd"><span class="__cf_email__" data-cfemail="3b7a4b4b57525a55585e684f5a555f5a495f486a4e5e484f525455487b5e5e155f545e155c544d">[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. Email:
<a href="/cdn-cgi/l/email-protection#a1e0d1d1cdc8c0cfc2c4f2d5c0cfc5c0d3c5d2f0d4c4d2d5c8cecfd2e1c4c48fc5cec48fc6ced7"><span class="__cf_email__" data-cfemail="470637372b2e2629242214332629232635233416322234332e2829340722226923282269202831">[email protected]</span></a>.
Mr. Matthew Ring, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-2555. Email: <a href="/cdn-cgi/l/email-protection#d895b9acacb0bdaff68ab1b6bf98b0a9f6bcb7bdf6bfb7ae"><span class="__cf_email__" data-cfemail="c08da1b4b4a8a5b7ee92a9aea780a8b1eea4afa5eea7afb6">[email protected]</span></a>.
For further information on how to submit a comment, review other
public comments and the docket, or participate in the webinar, contact
the Appliance and Equipment Standards Program staff at (202) 287-1445
or by email: <a href="/cdn-cgi/l/email-protection#135263637f7a727d70764067727d777261776042667660677a7c7d605376763d777c763d747c65"><span class="__cf_email__" data-cfemail="34754444585d555a57516740555a505546504765415147405d5b5a477451511a505b511a535b42">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: DOE maintains a previously approved
incorporation by reference (IEC 62301 (Second Edition)) and
incorporates by reference the following industry standards into the
Code of Federal Regulations (``CFR'') at 10 CFR part 430:
American National Standards Institute (``ANSI'')/American Society of
Heating, Refrigerating, and Air-Conditioning Engineers (``ASHRAE'')
Standard 103-2017, (``ANSI/ASHRAE 103-2017''), ``Method of Testing for
Annual Fuel Utilization Efficiency of Residential Central Furnaces and
Boilers,'' approved July 3, 2017.
Copies of ANSI/ASHRAE 103-2017 can be obtained from the American
Society of Heating, Refrigerating, and Air-Conditioning Engineers,
Inc., 180 Technology Parkway NW, Peachtree Corners, GA 30092, (800)
527-4723 or (404) 636-8400, or online at: <a href="http://www.ashrae.org">www.ashrae.org</a>.
ANSI Standard Z21.86-2016 [middot] CSA 2.32-2016 (``ANSI Z21.86-
2016''), ``Vented Gas-Fired Space Heating Appliances,'' Sixth Edition,
approved December 21, 2016.
Copies of ANSI Z21.86-2016 can be obtained from the CSA Group, 178
Rexdale Blvd., Toronto, ON, Canada M9W 1R3 or the American National
Standards Institute, 25 W 43rd Street, 4th Floor, New York, NY 10036,
(212) 642-4900, or online at: <a href="http://www.csagroup.org/store/">www.csagroup.org/store/</a> or <a href="http://www.ansi.org">www.ansi.org</a>.
ASTM International (``ASTM'') D2156-09 (Reapproved 2018) (``ASTM D2156-
09 (R2018)''), ``Standard Test Method for Smoke Density in Flue Gases
from Burning Distillate Fuels,'' reapproved October 1, 2018.
Copies of ASTM D2156-09 (R2018) can be obtained from ASTM
International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken,
PA 19428-2959 or online at: <a href="http://www.astm.org">www.astm.org</a>.
International Electrotechnical Commission (``IEC'') 62301 (``IEC 62301
(Second Edition)''), ``Household electrical appliances--Measurement of
standby power,'' Edition 2.0 2011-01.
Copies of IEC 62301 (Second Edition) can be obtained from the
American National Standards Institute, 25 W 43rd Street, 4th Floor, New
York, NY 10036, (212) 642-4900, or online at: <a href="http://www.webstore.ansi.org">www.webstore.ansi.org</a>.
Underwriters Laboratories, Inc. (``UL'') 729 (``UL 729-2016''),
``Standard for Safety for Oil-Fired Floor Furnaces,'' approved November
22, 2016.
UL 730 (``UL 730-2016''), ``Standard for Safety for Oil-Fired Wall
Furnaces,'' approved November 22, 2016.
UL 896 (``UL 896-2016''), ``Standard for Safety for Oil-Burning
Stoves,'' approved November 22, 2016.
Copies of UL 729-2016, UL 730-2016, and UL 896-2016 can be obtained
from Underwriters Laboratories, Inc., 2600 NW Lake Rd., Camas, WA
98607-8542 or online at: <a href="http://www.ul.com">www.ul.com</a>.
See section IV.N of this document for a further discussion of these
standards.
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Final Rule
III. Discussion
A. Definitions
1. Unvented Heaters
2. Vented Heaters
B. Updates to Industry Consensus Test Methods
C. Unvented Heaters
1. Standby Mode and Off Mode Energy Consumption
2. Efficiency Assumption
D. Vented Heaters
1. Models With Multiple Automatic Operation Modes
2. Fuel Supply and Burner Adjustments
3. Flue Thermocouples
4. Cyclic Condensate Collection Test
5. Other Vented Heater Topics
E. Performance and Utility
F. Test Procedure Costs, Harmonization, and Other Topics
1. Test Procedure Costs and Impact
2. Harmonization With Industry Consensus Standards
G. Effective and Compliance Dates
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 of 1995
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 Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Congressional Notification
N. Description of Materials Incorporated by Reference
V. Approval of the Office of the Secretary
I. Authority and Background
Direct heating equipment (``DHE'') is included in the list of
``covered products'' for which DOE is authorized to establish and amend
energy conservation standards and test procedures. (42 U.S.C.
6292(a)(9)) DOE defines ``direct heating equipment'' as vented home
heating equipment and unvented home heating equipment. 10 CFR 430.2.
(Hereafter in this final rule, the terms ``vented heater'' and
``unvented heater'' are used to describe the two types of DHE). DOE's
energy conservation standards and test procedures for vented heaters
are currently prescribed at 10 CFR 430.32(i) and 10 CFR part 430,
subpart B, appendix O, ``Uniform Test Method for Measuring the Energy
Consumption of Vented Home Heating Equipment'' (``appendix O''),
respectively. DOE's test procedures for unvented heaters are prescribed
at 10 CFR part 430, subpart B, appendix G, ``Uniform Test Method for
Measuring the Energy Consumption of Unvented Home Heating Equipment''
(``appendix G''). DOE currently does not prescribe energy conservation
standards for unvented heaters because, as the Department explained in
an April 2010 final rule for DHE, DOE has previously determined that a
standard would produce little energy savings (largely due to the fact
that any heat losses are dissipated directly into the conditioned
space) and because of limitations in the applicable DOE test procedure.
75 FR 20112, 20130 (April 16, 2010). The appendix G test procedure
includes neither a method for measuring energy
[[Page 30777]]
efficiency nor a descriptor for representing the efficiency of unvented
heaters. Instead, appendix G provides a method to measure and calculate
the rated output (for all unvented heaters) and annual energy
consumption (for primary electric unvented heaters). The following
sections discuss DOE's authority to establish and amend test procedures
for vented and unvented heaters, as well as relevant background
information regarding DOE's consideration of and amendments to test
procedures for these products.
A. Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
authorizes DOE to regulate the energy efficiency of a number of
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part B \2\ of EPCA established the Energy Conservation
Program for Consumer Products Other Than Automobiles, which sets forth
a variety of provisions designed to improve energy efficiency. These
products include DHE, the subject of this document. (42 U.S.C.
6292(a)(9))
---------------------------------------------------------------------------
\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 B was redesignated Part A.
---------------------------------------------------------------------------
The energy conservation program under EPCA consists essentially of
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA 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).
The Federal testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for: (1)
Certifying to DOE that their products comply with the applicable energy
conservation standards adopted under EPCA (42 U.S.C. 6295(s)), and (2)
making representations about the efficiency of those products (42
U.S.C. 6293(c)). Similarly, DOE must use these test procedures to
determine whether the products comply with any relevant standards
promulgated under EPCA. (42 U.S.C. 6295(s)) EPCA defines the efficiency
descriptor for DHE to be annual fuel utilization efficiency (``AFUE'').
(42 U.S.C. 6291(22)(A))
Federal energy efficiency requirements for covered products
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for
particular State laws or regulations, in accordance with the procedures
and other provisions of EPCA. (42 U.S.C. 6297(d))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered products. EPCA requires that any test procedures prescribed or
amended under this section shall be reasonably designed to produce test
results which measure energy efficiency, energy use or estimated annual
operating cost of a covered product during a representative average use
cycle (as determined by the Secretary) or period of use and shall not
be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
In addition, EPCA requires that DOE amend its test procedures for
all covered products to integrate measures of standby mode and off mode
energy consumption into the overall energy efficiency, energy
consumption, or other energy descriptor, taking into consideration the
most current versions of Standards 62301 \3\ and 62807 \4\ of the
International Electrotechnical Commission (IEC), unless the current
test procedure already incorporates the standby mode and off mode
energy consumption, or if such integration is technically infeasible.
(42 U.S.C. 6295(gg)(2)(A)) If an integrated test procedure is
technically infeasible, DOE must prescribe separate standby mode and
off mode energy use test procedures for the covered product, if a
separate test is technically feasible. Id.
---------------------------------------------------------------------------
\3\ IEC 62301, Household electrical appliances--Measurement of
standby power (Edition 2.0, 2011-01).
\4\ IEC 62087, Audio, video and related equipment--Methods of
measurement for power consumption (Edition 1.0, Parts 1-6: 2015,
Part 7:2018).
---------------------------------------------------------------------------
EPCA also requires that, at least once every 7 years, DOE evaluate
test procedures for each type of covered product, including DHE, to
determine whether amended test procedures would more accurately or
fully comply with the requirements for the test procedures to not be
unduly burdensome to conduct and be reasonably designed to produce test
results that reflect energy efficiency, energy use, and estimated
operating costs during a representative average use cycle or period of
use. (42 U.S.C. 6293(b)(1)(A))
If the Secretary determines, on her own behalf or in response to a
petition by any interested person, that a test procedure should be
prescribed or amended, the Secretary shall promptly publish in the
Federal Register proposed test procedures and afford interested persons
an opportunity to present oral and written data, views, and arguments
with respect to such procedures. The comment period on a proposed rule
to amend a test procedure shall be at least 60 days and may not exceed
270 days. In prescribing or amending a test procedure, the Secretary
shall take into account such information as the Secretary determines
relevant to such procedure, including technological developments
relating to energy use or energy efficiency of the type (or class) of
covered products involved. (42 U.S.C. 6293(b)(2)) If DOE determines
that test procedure revisions are not appropriate, DOE must publish in
the Federal Register its determination not to amend the test
procedures. DOE is publishing this final rule in satisfaction of the 7-
year review requirement specified in EPCA. (42 U.S.C. 6293(b)(1)(A))
B. Background
As mentioned previously, DOE's existing test procedures for
unvented heaters and vented heaters appear at appendix G and appendix
O, respectively. DOE published a notice of proposed rulemaking
(``NOPR'') on April 16, 2021 (``April 2021 NOPR'') that provides the
full history of test procedure rulemakings for unvented heaters and
vented heaters. 86 FR 20053, 20055-20056.
For unvented electric heaters that are the primary heating source
for the home, appendix G includes provisions for measuring electric
power and calculating annual energy consumption in sections 2.1 and
3.1, respectively. For all unvented heaters, appendix G includes
provisions for determining the rated output, in section 3.3 for
electric heaters and section 3.4 for natural gas, propane, or oil
heaters. Appendix G does not contain provisions for determining energy
efficiency, as unvented heaters are considered to be 100-percent
efficient during the heating season because any heat losses are lost to
the conditioned living space in which the unit is installed.
Accordingly, DOE has not established energy conservation standards for
unvented heaters.
[[Page 30778]]
For vented heaters, appendix O includes provisions for determining
AFUE, which is the efficiency metric used for determining compliance
with the energy conservation standards for vented home heating
equipment found in 10 CFR 430.32(i)(2). Section 4.6 of appendix O also
specifies provisions for calculating the annual energy consumption of
vented heaters. Manufacturers must use the test procedure at appendix O
to demonstrate compliance with the current energy conservation
standards for vented heaters. Further, there are currently no industry
consensus test methods to measure DHE energy efficiency under the AFUE
metric for vented home heating equipment.
To better understand potential issues with the current test
procedures since the last amendments, DOE published a request for
information (``RFI'') on February 26, 2019 (``February 2019 RFI''). 84
FR 6088. Following the February 2019 RFI, DOE published the April 2021
NOPR. 86 FR 20053.
DOE received comments in response to the April 2021 NOPR from the
interested parties listed in Table I.1.
Table I.1--Comments Received in Response to the April 2021 NOPR
----------------------------------------------------------------------------------------------------------------
Reference in this Final
Commenter(s) Rule Commenter type
----------------------------------------------------------------------------------------------------------------
Association of Home Appliance AHAM...................... Trade Association.
Manufacturers.
Air-conditioning, Heating, and AHRI...................... Trade Association.
Refrigeration Institute.
Pacific Gas and Electric Company, CA IOUs................... Utility.
Southern California Edison, and San
Diego Gas & Electric Company;
collectively, the California Investor-
Owned Utilities.
Ethel Kecaph........................... Ethel Kecaph.............. Individual.
Flux Tailor............................ Flux Tailor............... Consultant.
Appliance Standards Awareness Project, Joint Advocates........... Efficiency Organizations.
Natural Resources Defense Council.
Northwest Energy Efficiency Alliance... NEEA...................... Efficiency Organization.
----------------------------------------------------------------------------------------------------------------
A parenthetical reference at the end of a quoted or paraphrased
comment provides the location of the item in the public record.\5\
---------------------------------------------------------------------------
\5\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
test procedures for DHE. (Docket No. EERE-2019-BT-TP-0003, which is
maintained at <a href="http://www.regulations.gov">www.regulations.gov</a>). The references are arranged as
follows: (Commenter name, comment docket ID number, page of that
document).
---------------------------------------------------------------------------
II. Synopsis of the Final Rule
In this final rule, DOE amends the test procedures for unvented and
vented heaters (Appendices G and O, respectively) and several
associated definitions in 10 CFR 430.2, as follows:
<bullet> Update the definitions of ``floor electric heater,''
``primary heater,'' ``unvented gas heater,'' ``unvented home heating
equipment,'' ``unvented oil heater,'' ``vented home heating
equipment,'' and ``vented room heater;'' and update the terms ``primary
heater'' and ``supplementary heater'' to ``primary electric heater''
and ``supplementary electric heater,'' respectively;
<bullet> Update references to several industry consensus standards
to the most recent versions, except that the test procedure maintains
the existing oil pressure measurement error value (which was omitted in
the most recent update to ANSI/ASHRAE 103-2017);
<bullet> Provide explicit direction on the operational mode for
testing vented heaters with multiple automatic operation modes;
<bullet> Clarify the required input rate for the cyclic condensate
collection tests;
<bullet> Allow for the use of the manufacturer-specified gas inlet
pressure range when the required input rating cannot be achieved;
<bullet> Explicitly state the regulator outlet pressure and
specific gravity tolerances for the gas supply;
<bullet> Provide the option to use five, rather than nine,
thermocouples for the thermocouple grid in models with small (2-inch
diameter or less) flues;
<bullet> Clarify the wording of the cyclic condensate collection
test in the calculation of the allowable variance in condensate mass
measurements; and
<bullet> Provide explicit direction on the methods to appropriately
shield thermocouples from radiation.
The adopted amendments are summarized in Table II.1 compared to the
test procedure provision prior to the amendment, as well as the reason
for the adopted change.
Table II.1--Summary of Changes in Amended Test Procedures Relative to
Previous Test Procedures
------------------------------------------------------------------------
Amended test
Previous DOE test procedure procedure Attribution
------------------------------------------------------------------------
Definitions for electric heater, Updates the Ensure consistent
primary heater, supplementary definitions to use and
heater, floor electric heater, use consistent application.
unvented gas heater, unvented terminology. Response to
home heating equipment, comments.
unvented oil heater, vented
home heating equipment, and
vented room heater had various
inconsistencies in terminology.
Referenced ANSI/ASHRAE 103-2007, References ANSI/ Update to most
ANSI Z21.86-2008, ASTM D-2156- ASHRAE 103-2017 recent versions
09, UL729-2003, UL 730-2003, (but maintains of industry
and UL 896-1993. existing oil standards.
pressure Response to
measurement error comments.
value), ANSI
Z21.86-2016, ASTM
D2156-09 (R2018),
UL 729-2016, UL
730-2016, and UL
896-2016.
[[Page 30779]]
Did not provide specific Explicitly Ensure
direction for units with provides that for representativenes
multiple automatic operational units with s, repeatability,
modes. multiple and
automatic reproducibility.
operational Response to
modes, the comments.
default or other
similarly named
mode is used for
testing.
Did not provide specific Explicitly states Ensure repeatable
direction regarding the input at which input and reproducible
rate at which the cyclic rate to conduct results.
condensate collection test is the cyclic
to be conducted. condensate
collection test.
Specified an inlet gas pressure Permits use of Ensure
level is to be between 7-10 manufacturer's representativenes
inches water column. specified gas s repeatability,
inlet pressure and
range, if the reproducibility.
nameplate input
rating <plus-
minus>2 percent
cannot be
achieved at 7-10
inches water
column.
Did not provide specific values Explicitly state Ensure consistent
that the regulator outlet that the use and
pressure and specific gravity regulator outlet application.
of the test gas must meet. pressure be Ensure
within the representativenes
greater of <plus- s repeatability,
minus> 10 percent and
of the reproducibility.
manufacturer-
specified
manifold pressure
or <plus-
minus>0.2 inches
water column, and
that the specific
gravity for
natural gas and
propane gas be
0.57-0.70 and
1.522-1.574,
respectively.
Required use of a nine- For smaller size Reduce test
thermocouple grid for measuring flues (2-inch burden, ensure
flue gas temperature, diameter or representativenes
regardless of flue size. less), require a s.
five-thermocouple
grid.
For the variance of the Clarifies that the Clarification.
condensate mass measurements, standard Ensure
required that ``the sample deviation must be representativenes
standard deviation is within 20 less than or s repeatability,
percent of the mean value for equal to 20 and
three cycles'' in order to stop percent of the reproducibility.
at three cycles. Otherwise, six mean value.
cycles are required.
Did not provide specific Explicitly states Clarification.
direction for determining when that any Ensure
a radiation shield is needed or thermocouple with representativenes
what an appropriate radiation a direct line of s repeatability,
shield would be. sight to the and
burner must be reproducibility.
shielded from
radiation and
that a radiation
shield with an
explicitly stated
material and
minimum thickness
must be used.
------------------------------------------------------------------------
DOE has determined that the amendments described in section III of
this final rule will not alter the measured efficiency of DHE or
require retesting or recertification solely as a result of DOE's
adoption of the amendments to the test procedures. Additionally, DOE
has determined that the amendments will not increase the cost of
testing. Discussion of DOE's actions are addressed in detail in section
III of this final rule.
The effective date for the amended test procedures adopted in this
final rule is 30 days after publication of this document in the Federal
Register. Representations of energy use or energy efficiency must be
based on testing in accordance with the amended test procedures
beginning 180 days after the publication of this final rule.
III. Discussion
A. Definitions
1. Unvented Heaters
In the April 2021 NOPR, DOE proposed several changes to the
definitions pertaining to unvented heaters, including: (1) Changing the
phrasing from ``heat'' or ``warm air'' to ``heated air,'' as the term
``warm'' is subjective and does not indicate that any process was used
to add heat to the air being furnished by the heater, whereas
``heated'' indicates that thermal energy was added to the air; (2)
explicitly including floor electric heaters as one of the examples
provided in the definition of a ``primary electric heater,'' given
that, to the extent that a floor electric heater is the principal
source of heat for a structure, it is a primary heater; (3) adding the
phrase ``a class of unvented home heating equipment'' to the
definitions of ``electric heater,'' ``unvented gas heater,'' and
``unvented oil heater,'' to more clearly associate these definitions as
being unvented home heating equipment; and (4) specifying that
``unvented home heating equipment or unvented heater'' furnishes heated
air ``without exhaust venting,'' as the prior definition did not state
this explicitly. 86 FR 20053, 20057-20058 (April 16, 2021).
AHAM, the CA IOUs, and NEEA generally stated their support of DOE's
proposed updates to the DHE definitions. (AHAM, No. 15 at p. 1; CA
IOUs, No. 14 at p. 1; NEEA, No. 16 at p. 1)
For the reasons identified in the preceding discussion and
discussed in the April 2021 NOPR, this final rule amends the
definitions pertaining to unvented heaters as proposed in the April
2021 NOPR.
2. Vented Heaters
In the April 2021 NOPR, DOE proposed updates to the definitions
pertaining to vented heaters in 10 CFR 430.2, including: (1) Changing
the phrasing of ``warm'' or ``warmed'' air to ``heated'' air in the
definitions of ``vented home heating equipment or vented heater'' and
``vented room heater,'' for the reasons stated prior; (2) replacing the
phrase ``to the living space of a residence, directly from the device''
in the ``vented home heating equipment or vented heater'' definition
with ``to a space proximate to such heater, directly from the heater''
to align with the definition of ``unvented home heating equipment or
unvented heater,'' and (3) specifying that ``vented home heating
equipment or vented heater'' furnishes heated air ``with exhaust
venting,'' as the prior definition did not state this explicitly. 86 FR
20053, 20058-20059 (April 16, 2021).
[[Page 30780]]
AHAM, the CA IOUs, and NEEA generally stated their support of DOE's
proposed updates to the DHE definitions. (AHAM, No. 15 at p. 1; CA
IOUs, No. 14 at p. 1; NEEA, No. 16 at p. 1)
For the reasons identified in the preceding discussion and
discussed in the April 2021 NOPR, this final rule amends the
definitions pertaining to vented heaters as proposed in the April 2021
NOPR.
B. Updates to Industry Consensus Test Methods
The unvented home heating equipment test procedure in appendix G
referenced the International Electrotechnical Commission (``IEC'')
62301, ``Household electrical appliances--Measurement of standby
power,'' (Second Edition). The vented home heating equipment test
procedure in appendix O referenced the following industry standards:
<bullet> ANSI/ASHRAE Standard 103-2007, ``Method of Testing for
Annual Fuel Utilization Efficiency of Residential Central Furnaces and
Boilers'' (``ANSI/ASHRAE 103-2007'');
<bullet> ANSI Z21.86-2008, ``Vented Gas-Fired Space Heating
Appliances'' (``ANSI Z21.86-2008'');
<bullet> ASTM D2156-09, ``Standard Test Method for Smoke Density in
Flue Gases from Burning Distillate Fuels'' (``ASTM D2156-09'');
<bullet> IEC 62301 (Second Edition), ``Household electrical
appliances--Measurement of standby power'' (``IEC 62301 (Second
Edition)'');
<bullet> UL 729-2003, ``Standard for Safety for Oil-Fired Floor
Furnaces'' (``UL 729-2003'');
<bullet> UL 730-2003, ``Standard for Safety for Oil-Fired Wall
Furnaces'' (``UL 730-2003''); and
<bullet> UL 896-1993, ``Standard for Safety for Oil-Burning
Stoves'' (``UL 896-1993'').
As described in the April 2021 NOPR, each of the referenced
industry standards, except for ASTM D2156-09 \6\ and IEC 62301 (Second
Edition), have been superseded with a more recent version. 86 FR 20053,
20059. The changes in the most recent version of UL 729, UL 730, and UL
896 were made to sections not referenced by the DOE test procedure; and
the changes in the most recent version of ANSI Z21.86, while affecting
sections referenced by the DOE test procedure, were non-substantive and
unlikely to have any impact on the test burden or measured energy
consumption under the DOE test procedure. Id. DOE proposed to update
the references to these industry standards to their most recent
versions: ASTM D2156-09 (R2018), UL 729-2016, UL 730-2016, UL 896-2016,
and ANSI Z21.86-2016.
---------------------------------------------------------------------------
\6\ ASTM D2156-09 was reapproved in 2018 (ASTM D2156-09 (R2018))
without modification.
---------------------------------------------------------------------------
DOE received no comments regarding its proposal to update these
industry standards to their most recent versions.
In this final rule, DOE updates the references to the industry
standards to the most recent versions for ASTM D2156-09, UL 729, UL
730, UL 896, and ANSI Z21.86, consistent with the proposal in the April
2021 NOPR.
ANSI/ASHRAE 103-2007, referenced in appendix O, has been superseded
by ANSI/ASHRAE 103-2017. In the April 2021 NOPR, DOE discussed the
various substantive changes between ANSI/ASHRAE 103-2007 and ANSI/
ASHRAE 103-2017 and the proposed changes to appendix O to address the
changes, including: (1) Adding the oil pressure measurement error
values from ANSI/ASHRAE 103-2007 to appendix O (as these were not
retained in ANSI/ASHRAE 103-2017); (2) incorporating by reference the
equations to determine jacket loss provided in Section 8.6 of ANSI/
ASHRAE 103-2017 (as the equations in ANSI/ASHRAE 103-2017 provide more
accurate values as compared to the figures provided in the 2007 version
and mitigate the possibility of human error in interpreting the
figures); and (3) removing the mention of Sections 8.8.3 and 9.10 of
ANSI/ASHRAE 103-2007 within section 3.6.2.4.2 of appendix O (as all the
information stated in Section 8.8.3 of ANSI/ASHRAE 103-2007 is already
stated in sections 3.6.1 and 3.6.2 of appendix O; and the inclusion of
a reference to Section 9.10 of ANSI/ASHRAE 103-2007 could cause
confusion due to the maximum post-purge requirement, which is not
discussed within appendix O). 86 FR 20053, 20059-20060
The CA IOUs stated their support of DOE's decision to update the
reference to the most recent version of ANSI/ASHRAE 103, stating that
it will allow for more consistent test results. (CA IOUs, No. 14 at p.
1) The CA IOUs also stated their support of DOE's proposed decision to
add the allowable error in the oil pressure measurement value as
defined in ANSI/ASHRAE 103-2007 back into the test procedure to
maintain consistency for manufacturers and contractors. (CA IOUs, No.
14 at p. 1) No additional comment was received on the proposal
regarding the amendments related to the ANSI/ASHRAE 103 update.
For the reasons discussed in the April 2021 NOPR, in this final
rule, DOE adopts ANSI/ASHRAE 103-2017 with the modifications as
proposed in the April 2021 NOPR. 86 FR 20053, 20072-20073.
C. Unvented Heaters
1. Calculation of Annual Energy Consumption
For electric heaters, section 2.1 of appendix G specifies a
requirement for measuring and recording the maximum electrical power
consumed when heating, in terms of kilowatts, and section 3.3 specifies
a requirement for calculating a rated output. For primary electric
heaters only, section 3.1 of appendix G specifies a calculation for the
national average annual energy consumption based on the maximum
electrical power, and section 3.2 specifies a calculation for the
annual energy consumption by geographic region. The calculation of
national average annual energy consumption in section 3.1 of appendix G
is based on several assumptions, including the national average annual
heating load hours of 2080, an adjustment factor of 0.77,\7\ and a
typical oversizing factor for primary electric heaters of 1.2.\8\ The
calculation of regional annual energy consumption in section 3.2 of
appendix G is based on the same assumptions as the national value,
except that regional heating load hours are provided by a Figure 1,
depicting geographic regions the United States and the associated
heating load hours for each region. Appendix G does not specify a
method for calculating annual fuel energy consumption for unvented gas
and oil heaters.
---------------------------------------------------------------------------
\7\ The adjustment factor is a multiplier to adjust the heating
load hours to the approximate burner operating hours experienced by
the system.
\8\ The oversizing factor accounts for space heating products
generally being oversized when compared to the actual required
heating load.
---------------------------------------------------------------------------
In the April 2021 NOPR, DOE did not propose changes to the national
and regional values used in the calculations of annual energy
consumption based on the tentative determination that the existing
calculations and assumptions are still appropriate. 86 FR 20053, 20061.
DOE also did not propose to add calculations for annual fuel energy
consumption of gas and oil unvented heaters because DOE tentatively
concluded that such calculations would be unlikely to provide consumers
with valuable information and could potentially confuse consumers if
comparisons are made between vented and unvented heaters without the
full understanding of the different applications and utilities of each
product. Id.
[[Page 30781]]
DOE did not receive any comments on its proposals to maintain the
existing national and regional values used for calculating annual
energy consumption and to not add calculations for annual fuel energy
consumption of gas and oil unvented heaters. Therefore, DOE maintains
its conclusions from the April 2021 NOPR and is not adopting changes
related to these issues.
2. Standby Mode and Off Mode Energy Consumption
Section 2.3 of appendix G requires measuring the pilot light input
rate except for those products specified in section 2.3.1 of appendix
G; \9\ however, the pilot light measurement is not used in the
calculation of rated output in section 3.4 of appendix G.
---------------------------------------------------------------------------
\9\ Section 2.3.1 of appendix G specifies that 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).
---------------------------------------------------------------------------
In the April 2021 NOPR, DOE did not propose to include standby mode
and off mode energy consumption into the annual energy consumption for
unvented heaters, having tentatively determined that the standby mode
energy consumption of unvented heaters is as effective at heating the
space as active mode energy, and, therefore, it is unnecessary to
integrate. 86 FR 20053, 20061-20062. Regarding off mode energy
consumption, DOE tentatively concluded in the April 2021 NOPR that some
consumers could potentially leave the pilot light on during the non-
heating season, thereby resulting in consumption of additional energy.
However, in its review of the market, DOE found that all identified
models with a pilot light included instructions from the manufacturer
for turning the pilot light off during the non-heating seasons. Id. DOE
stated that it lacks data for the operational hours in off mode and the
percentage of consumers that do not turn their pilot lights off during
the non-heating seasons, thereby making it impossible to determine
whether a problem exists or its magnitude. Id. Based on the presence of
manufacturer instructions and lack of data on representative use, DOE
did not propose to incorporate off mode energy use in the test
procedure. Id.
The Joint Advocates encouraged DOE to continue investigating off
mode energy use for unvented heaters, asserting that DHE models with
standing pilot lights waste a significant amount of energy in off mode
and that the instructions provided to turn the pilot light off may do
little to reduce the operating hours of standing pilot lights. (Joint
Advocates, No. 13 at p. 1) The CA IOUs requested that DOE further
investigate the opportunity for regulation of standing pilot lights.
(CA IOUs, No. 14 at pp. 2-3) The CA IOUs cited a NOPR that DOE
published on February 9, 2015, for hearth products and a Statistics
Canada study \10\ that both showed that 44 percent of consumers do not
turn off their fireplace standing pilot light during the non-heating
season. The CA IOUs asserted that these results should provide an
indication of the percentage of households that leave the standing
pilot light on all year for DHE. Id. The CA IOUs stated that its
research has uncovered products that do not appear to have directions
in the manual for turning the pilot light off during the non-heating
seasons. Id. The CA IOUs further requested that DOE demonstrate why
consumer behavior regarding standing pilot lights would be different
for DHE products and hearth products and provide more information
regarding the market research conducted to make this determination. Id.
---------------------------------------------------------------------------
\10\ Statistics Canada study: <a href="http://www150.statcan.gc.ca/n1/pub/11-526-s/2013002/t013-eng.htm">www150.statcan.gc.ca/n1/pub/11-526-s/2013002/t013-eng.htm</a>.
---------------------------------------------------------------------------
In response, DOE notes that, in addition to providing heat,
consumers also purchase hearth products for aesthetic purposes. The
sole purpose of unvented heaters, however, is to provide heat. As a
result, the product designs, installation locations, and usage patterns
may be significantly different for hearth products as compared to
unvented heaters. These differences, especially differences in the way
the consumer uses the appliance, could lead users to behave differently
with respect to turning off the pilot light. In a final determination
regarding energy conservations standards for DHE published on November
23, 2021, DOE considered this issue and agreed 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. 86
FR 66403, 66411. However, DOE stated that the information regarding
hearth products cannot be used directly for unvented heaters because
hearth products may be used differently than unvented heaters, and, at
the time of the determination, DOE had not received information
regarding consumer behavior for unvented heaters. Id. Regarding the
comments on this rulemaking, the commenters did not present new
information on the usage of pilot lights in unvented heaters during the
non-heating season that would allow DOE to determine whether a
significant number of unvented heater consumers leave the standing
pilot light on during the non-heating season, or to draw comparisons
between usage of pilot lights in hearth products as compared to
unvented heaters. As a result, DOE maintains its position from the
April 2021 NOPR that it lacks data at this time regarding the
operational hours of the pilot in off mode and the percentage of
consumers that do not turn their pilot lights off during the non-
heating seasons, which would be needed for DOE to incorporate a
representative measure of off mode energy use in the test procedure.
DOE will continue to investigate this issue and, if appropriate, will
address the pilot light energy consumption in a future rulemaking
proceeding.
3. Efficiency Assumption
As stated in section I.B of this document, appendix G does not
contain provisions for determining the energy efficiency of unvented
heaters, as they are considered to be 100-percent efficient due to the
fact that any heat loss from the heater is transferred to the
conditioned space in which the unit is installed. Thus, DOE has not
established energy conservation standards for unvented heaters.
In the February 2019 RFI, DOE noted the absence of provisions for
calculating the energy efficiency of unvented heaters in appendix G and
sought comment on whether calculations for the annual fuel energy
consumption of unvented gas, propane, and oil heaters should be added
to the test procedure. 84 FR 6088, 6092 (Feb. 26, 2019). In response,
AHRI recommended against calculating annual fuel energy consumption for
unvented gas and oil heaters, stating that all heat is contained within
the conditioned space, so that such products should be considered 100-
percent efficient. (AHRI, No. 5 at p. 2). NEEA commented that unvented
heaters have higher efficiencies than vented heaters because all the
heated air and combustion gases are delivered to the consumer's heated
space. (NEEA, No. 7 at pp. 1-2) The Joint Advocates recommended that
DOE require the annual fuel energy consumption calculations for gas and
oil unvented heaters to ensure that any representations of annual
energy use for these products would be based on a consistent
calculation methodology. (Joint Advocates, No. 6 at p. 1)
In the April 2021 NOPR, DOE did not propose to add calculations for
annual
[[Page 30782]]
fuel energy consumption of gas and oil unvented heaters to appendix G,
having tentatively determined that such calculations would be unlikely
to provide consumers with valuable information, and that an annual fuel
energy consumption value for unvented gas and oil heaters could
potentially confuse consumers if comparisons are made to the values for
vented heaters without full understanding of the different applications
and utilities of each product. 86 FR 20053, 20062.
In response to the April 2021 NOPR, the CA IOUs asserted that some
unvented heaters, depending on installed conditions, may lose heat to
an unconditioned space such as a wall or ceiling, which could result in
the consumer setting the unit's thermostat higher, ultimately leading
to more energy consumption relative to a unit with less peripheral heat
loss. The CA IOUs urged DOE to perform further analysis that includes
the installation and use of unvented heaters to verify its assumption
of 100 percent efficiency. (CA IOUs, No. 14 at p. 2)
AHAM stated its support of DOE's assumption that unvented heaters
are 100 percent efficient and commented that it would object to
amendments that would add efficiency or energy calculations for
unvented heaters that are not used as the primary heating source for
the home. (AHAM, No. 15 at pp. 1-2)
Flux Tailor stated that the rate at which the unvented heater heats
the conditioned space affects the energy use of the product, as the
unvented heater will operate less if the conditioned space is heated
more quickly. (Flux Tailor, Public Meeting Transcript, No. 12 at pp.
20-22)
In response to the CA IOUs comment, DOE notes that unvented heaters
can typically be installed either on the wall or ceiling, or free-
standing within the room (mounted on supports that are provided with
the unit or can be purchased separately). For an unvented heater
installed on a wall or ceiling, a portion of the heat losses through
the jacket may heat the wall or ceiling; however, the wall and ceiling
are part of the overall envelope of the heated space. Therefore, DOE
does not find such an installation would result in losses that do not
provide heat to the conditioned space. Further, DOE notes that its
assumption that unvented heaters are 100 percent efficient is
consistent with the treatment of vented heaters in appendix O. The test
procedure for vented heaters requires a jacket loss test for vented
floor furnaces (section 3.2), but does not require this test for any
other type of vented heater, because a floor furnace is the only type
of vented heater that is considered to have some portion of the jacket
outside the heated space.\11\
---------------------------------------------------------------------------
\11\ A vented floor furnace is defined in part as being
``suspended from the floor of the space being heated.'' A vented
room heater is defined in part as being ``free-standing,
nonrecessed.'' A vented wall furnace is defined in part as
``designed for incorporation in, or permanent attachment to, a wall
of a residence.''
---------------------------------------------------------------------------
In response to Flux Tailor's comment, DOE notes that the total
amount of heat supplied to a space to satisfy a given heat load would
be the same regardless of the rate at which the heat is supplied.
Supplying heat at a higher rate of energy consumption will satisfy a
particular heating load more quickly (i.e., the heater will be on for a
shorter duration); whereas, supplying heat at a lower rate of energy
consumption will satisfy the same heating load more slowly (i.e., the
heater will be on for a longer duration). In both cases, however, the
total amount of energy consumption (i.e., heat supplied to the room)
would be the same. Therefore, DOE has determined not to amend appendix
G to account for the rate at which an unvented heater can heat a
conditioned space.
D. Vented Heaters
For vented heaters, appendix O specifies provisions for determining
the product's AFUE, which is the efficiency descriptor established by
EPCA for these products. (42 U.S.C. 6291(22)(A))
1. Models With Multiple Automatic Operation Modes
Section 2.11 of appendix O specifies that for equipment that has
both manual and automatic thermostat control modes, the unit must be
tested according to the procedure for its automatic control mode (i.e.,
single-stage, two-stage, or step-modulating). However, when a unit has
multiple automatic operational modes, the test procedure did not
explicitly specify what automatic operating mode must be used for
testing.
In the April 2021 NOPR DOE proposed to amend section 2.11 of
appendix O to explicitly specify that models with multiple automatic
operation modes be tested in the mode suggested by the manufacturer for
normal operation or the default mode as defined in the manufacturer's
installation and operations manual. If a default mode is not defined in
the product literature, DOE proposed that tests be conducted in the
mode in which the product operates as shipped from the manufacturer. 86
FR 20053, 20062.
DOE received no comments on its proposal. In this final rule, DOE
amends section 2.11 of appendix O, consistent with the proposal in the
April 2021 NOPR, to require equipment that has multiple automatic
thermostat control modes to be tested in the default mode (or similarly
named mode identified for normal operation) as defined by the
manufacturer in its installation and operation (``I&O'') manual. If a
default mode is not defined in the I&O manual, such equipment must be
tested in the mode in which the equipment operates as shipped from the
manufacturer.
2. Fuel Supply and Burner Adjustments
Sections 2.3.1 and 2.3.2 of appendix O required that for natural
gas-fueled and propane gas-fueled vented heaters, the gas supply be
maintained at a normal inlet test pressure immediately ahead of all
controls at 7 to 10 inches water column and 11 to 13 inches water
column, respectively. In addition, section 2.4.1 of appendix O requires
that the fuel flow rate be set to obtain a heat rate of within <plus-
minus>2 percent of the hourly Btu rating specified by the manufacturer,
as measured after 15 minutes of operation. Section 2.4.2 of appendix O
requires that the burners of oil fueled vented heaters be adjusted to
give the CO<INF>2</INF> reading recommended by the manufacturer and an
hourly Btu input during steady-state operation within <plus-minus>2
percent of the heater manufacturer's specified normal hourly Btu input
rating. In addition, on units employing a power burner, section 2.4.2
requires that smoke in the flue not exceed a No. 1 smoke during the
steady-state performance test as measured by the procedure in ASTM
D2156. During exploratory testing performed for the development of the
April 2021 NOPR, only one tested gas-fired unit was unable to achieve
the nameplate input rate within <plus-minus>2 percent while maintaining
a natural gas supply pressure of 7 to 10 inches water column. The
manufacturer's recommended gas inlet pressure for this model was 5 to
10.5 inches water column, and the nameplate input rating was achieved
at a natural gas supply pressure of 5 inches water column.
In the April 2021 NOPR, DOE proposed several changes to appendix O,
as follows. First, DOE proposed to specify that if the heater is
equipped with a gas pressure regulator, that the regulator outlet
pressure be maintained within the greater of <plus-minus>0.2 inches
water column and <plus-minus>10 percent of the manufacturer-specified
manifold pressure on the nameplate of the unit or in the installation
and operation (``I&O'') manual. DOE reasoned that this would ensure
consistency in setting the regulator outlet pressure and align with
[[Page 30783]]
DOE test procedures for other gas-fired heating products such as
consumer water heaters and commercial water heaters. 86 FR 20053,
20062. Second, DOE proposed to require that the specific gravity be
between 0.57 and 0.70 for natural gas and 1.522 and 1.574 for propane
gas, instead of ``approximately'' 0.65 and 1.53 for natural gas and
propane gas, respectively, in order to better align the test procedure
in appendix O with Annex G of ANSI Z21.86-2016. Id. Third, DOE proposed
to specify that if the burner cannot be adjusted to obtain a heat input
rate of within <plus-minus>2 percent of the hourly Btu rating specified
by the manufacturer on the nameplate of the unit or in the I&O manual,
as required by section 2.4.1 of appendix O, the gas supply to the unit
under test at an inlet test pressure immediately ahead of all controls
may be set to any value within the range specified by the manufacturer
on the nameplate of the unit or in the I&O manual. DOE reasoned that
this change, if adopted, would ensure models are tested at conditions
representative of field conditions while still maintaining consistency
and repeatability. Id. Finally, DOE proposed to remove the word
``normal'' from sections 2.3.1 and 2.3.2 of appendix O (in reference to
``normal inlet test pressure''), and replace the phrase ``normal hourly
Btu input rating'' with ``maximum hourly Btu input rating'' within
section 2.4.2 of appendix O. In doing so, DOE explained that because
the test pressures within section 2.3 of appendix O were proposed to be
explicitly stated, the use of the phrase ``normal'' would no longer be
necessary, and the proposed change to replace ``normal hourly Btu input
rating'' with ``maximum hourly Btu input rating'' would better align
the input rate language throughout section 2.4 of appendix O. Id. at
20063.
DOE received no comments on its proposals. For the reasons
discussed in the preceding paragraphs and in the April 2021 NOPR, in
this final rule, DOE amends sections 2.3.1, 2.3.2, 2.4.1, and 2.4.2 of
appendix O consistent with the proposals in the April 2021 NOPR.
3. Flue Thermocouples
Section 2.6 of appendix O required installation of nine
thermocouples in the vent for measuring flue gas temperature for both
gas-fueled and oil-fueled vented heaters. As discussed in the April
2021 NOPR, DOE has conducted testing on one unit for which the exhaust
piping was 2 inches in diameter, and the nine thermocouples
significantly restricted airflow in the vent, resulting in flue gas
temperature readings and carbon monoxide levels above normal operating
conditions. 86 FR 20053, 20063.
To ensure that measurements taken during testing of models with
smaller flues (i.e., 2 inches diameter or less) are representative of
typical use, DOE proposed in the April 2021 NOPR an amendment to
section 2.6 of appendix O to allow the test lab to use five
thermocouples (consistent with the direction in ASHRAE 103-2017,
section 7.6 and figure 10) when the flue size is less than or equal to
2 inches diameter. As explained in the April 2021 NOPR, given that the
cross-sectional flue area is smaller for models with small vent
diameter, fewer thermocouples may be needed to obtain accurate flue gas
temperature measurements. Further, using fewer thermocouples would
result in less flue restriction, and could more closely resemble
operation in the field, thereby providing more representative flue gas
readings. 86 FR 20053, 20063.
DOE received no comments on its proposal. In this final rule, DOE
amends section 2.6 of appendix O to allow the test lab to use five
thermocouples when the flue diameter is less than or equal to 2 inches.
4. Cyclic Condensate Collection Test
Section 3.8.2 of appendix O specifies the test procedure for
collecting condensate under cyclic conditions for condensing vented
heaters. During this test, three to six cycles of a 4-minute on-cycle
followed by a 13-minute off-cycle are completed. The total mass of
condensate and fuel energy input are then used in section 4.0 of
appendix O, ``Calculations.'' The cyclic condensate collection test did
not specify the input rate at which the burner should fire during the
on-cycle times for units with modulating controls.
a. Input Rate
The cyclic condensate collection test was based on Section 9.8 of
ANSI/ASHRAE 103-2007, which specifies that regarding the input rate for
units with modulating controls, the following applies: (a) For step-
modulating units, the test is conducted at the reduced \12\ input rate
only, which is defined in Section 3 of ANSI/ASHRAE 103-2007; or (b) for
two-stage units, the test is conducted at both the maximum and reduced
input rates unless the balance-point temperature (T<INF>C</INF>)
determined is equal to or less than the typical outdoor design
temperature of 5 [deg]F (-5 [deg]C), in which case the test is
conducted at the reduced input rate only. The required input rate is
specified in all other tests within the vented heater test procedure.
---------------------------------------------------------------------------
\12\ ``Reduced heat input rate'' is defined in section 1 of
appendix O as the factory-adjusted lowest reduced heat input rate
for vented home heating equipment equipped with either two-stage
thermostats or step-modulating thermostats.
---------------------------------------------------------------------------
In the April 2021 NOPR, DOE proposed to explicitly provide input
rate instructions similar to those in ANSI/ASHRAE 103-2007 to section
3.8.2 of appendix O to further align the vented heater test procedure
with ANSI/ASHRAE 103. 86 FR 20053, 20063. DOE notes that the input rate
instructions for units with modulating controls in Section 9.8 of
ASHRAE 103-2007 and ASHRAE 103-2017 are essentially identical.
DOE received no comments on its proposal. In this final rule, DOE
amends section 3.8.2 of appendix O to add input rate instructions for
the cyclic condensate collection test equivalent to those in ANSI/
ASHRAE 103-2017, consistent with the proposal in the April 2021 NOPR.
b. Condensate Mass Measurement Requirements
Section 3.8.2 of appendix O stated that if after three cycles ``the
sample standard deviation [of the mass of collected condensate] is
within 20 percent of the mean value for three cycles,'' the test can be
ended, and the total mass collected in the three cycles can be used.
Otherwise, three additional cycles of condensate collection are
required, for a total of six cycles. DOE notes that the language for
checking whether the variance of the condensate collected during the
first three cycles is sufficiently small could be read to require that
the standard deviation be ``within 20 percent'' of the mean value of
the mass of condensate collected. Such a reading would not be logical
because a small standard deviation is desirable for consistent results,
and, therefore, the standard deviation value should not be compared
directly to the mean and be required to be within 20 percent of the
mean value. Rather, the phrase required that the standard deviation be
at or below ``20 percent of the mean value'' (i.e., the sample standard
deviation should be less than or equal to 20 percent of the mean).
To clarify the wording to avoid confusion that could result from
the text, DOE proposed in the April 2021 NOPR to revise section 3.8.2
of appendix O to state that the standard deviation must be less than or
equal to 20 percent of the mean rather than ``within 20 percent'' of
the mean. 86 FR 20053, 20063.
DOE received no comments on its proposal. In this final rule, DOE
amends section 3.8.2 of appendix O, consistent with the proposal in the
April 2021
[[Page 30784]]
NOPR, to clarify that the standard deviation must be less than or equal
to 20 percent of the mean as the determining factor for whether the
cyclic condensate mass collection must be performed for three cycles or
six cycles.
5. Other Vented Heater Topics
a. Determination of Balance Point Temperature, Heating Load Fractions,
and Average Outdoor Temperature
In section 4.1.10 of appendix O, titled ``Steady-state
efficiency,'' the balance point temperature (T<INF>c</INF>) \13\ can be
determined either with an equation or using the values provided in
Table 3 of appendix O. The two options may not yield the exact same
result because Table 3 provides a single balance point temperature
value for a range of heat output ratios (R), while the equation
provides a specific value for each heat output ratio. In other words,
to use Table 3, first the heat output ratio is determined, then the
corresponding range in Table 3 is selected to identify the balance
point temperature for units with heat output ratios in the given range.
To use the equation method, however, the heat output ratio is plugged
into the equation, and balance point temperature is calculated.
Similarly, values for the fraction of the heating load and average
outdoor temperature at the reduced and maximum operating modes
(variables X<INF>1</INF>, X<INF>2</INF>, T<INF>OA</INF>, and
T<INF>OA</INF>*) are determined using either Table 3, or for
T<INF>OA</INF> and T<INF>OA</INF>*, Figure 1 of appendix O (which
provides a graph showing T<INF>OA</INF> and T<INF>OA</INF>* variables
for any balance point temperature between 16 [deg]F and 62 [deg]F) and,
for X<INF>1</INF> and X<INF>2</INF>, Figure 2 of appendix O (which
provides a graph showing variables X<INF>1</INF> and X<INF>2</INF> for
any balance point temperature between 0 [deg]F and 62 [deg]F). In the
April 2021 NOPR, DOE noted that Table 3, Figure 1, and Figure 2 may
yield different results because Table 3 provides discreet values for
X<INF>1</INF>, X<INF>2</INF>, T<INF>OA</INF>, and T<INF>OA</INF>*,
whereas Figure 1 and Figure 2 provide continuous graphical curves for
determining the relevant variables. 86 FR 20053, 20064. DOE further
discussed in the April 2021 NOPR that it had reviewed test data to
estimate the impact of the different methods for determining the value
of variables on the measured AFUE value and found that the different
methods resulted in a difference on the order of hundredths of a
percentage point of AFUE, which DOE tentatively concluded would not be
likely to affect the measured AFUE in most cases when rounded to a
whole number. Id. Therefore, in the April 2021 NOPR, DOE did not
propose any changes to the test method related to these issues. Id.
---------------------------------------------------------------------------
\13\ The ``balance point temperature'' is defined in section 4
of Appendix O and represents a temperature used to apportion the
annual heating load between the reduced input cycling mode and
either the modulating mode or maximum input cycling mode.
---------------------------------------------------------------------------
DOE did not receive any comments on these issues in response to the
April 2021 NOPR; therefore, DOE is not adopting any changes regarding
them.
b. Default Jacket Loss Value for Vented Floor Furnaces
The test procedure for vented floor furnaces requires the
measurement of jacket losses when determining the AFUE. See section
3.2, appendix O. In the NOPR published in the Federal Register on
October 24, 2013 as part of the most recent previous test procedure
rulemaking for DHE (resulting in a final rule published on January 6,
2015 (the ``January 2015 final rule''; 80 FR 792), DOE proposed an
optional use of a default jacket loss value of 1 percent for vented
floor furnaces, as an alternative to performing a jacket loss test. 78
FR 63410, 63415 (Oct. 24, 2013). In the January 2015 final rule, DOE
decided not to adopt the 1 percent default jacket loss value for vented
floor furnaces after reviewing test data that revealed an average
jacket loss of 3.05 percent. 80 FR 792, 794 (Jan. 6, 2015).
In the April 2021 NOPR, DOE did not propose a default jacket loss
value, stating its tentative conclusion that a default jacket loss
value for vented floor furnaces would provide less representative
ratings than the existing test method, which requires measurement of
the jacket loss in floor furnaces. 86 FR 20053, 20064
NEEA and the Joint Advocates expressed support for continuing to
measure jacket losses, rather than including a default value, stating
that this would provide the most accurate representation of energy use
and may encourage manufacturers to develop technology that further
minimizes jacket losses. (NEEA, No. 16 at p. 2; Joint Advocates, No. 13
at p. 1)
Consistent with the April 2021 NOPR, DOE is not amending section
3.2 of appendix O to allow for a default jacket loss factor for floor
furnaces.
c. Radiation Shielding
Sections 2.6.1, 2.6.2, and 2.9 of appendix O require that radiation
shields be used to protect thermocouples that could receive direct
radiation from the fire. However, no instruction was given on how to
determine if a thermocouple could receive direct radiation from the
fire, and if so, what type of radiation shielding would be required.
In the April 2021 NOPR, DOE proposed to require that all
thermocouples be shielded from the fire if there is a direct line of
sight between the fire and the thermocouple. Further, DOE proposed that
if radiation shielding is required, then a radiation shield meeting the
material and minimum thickness requirements stated in Section 8.14.1 of
ANSI Z21.86-2016 shall be used. 86 FR 20053, 20065.
DOE received no comments on its proposal. In this final rule, DOE
amends sections 2.6.1, 2.6.2, and 2.9 of appendix O, consistent with
the proposal from the April 2021 NOPR, to require that all
thermocouples be shielded from the fire if there is a direct line of
sight between the fire and the thermocouple; and if radiation shielding
is required, then the radiation shield must meet the material and
minimum thickness requirements stated in Section 8.14.1 of ANSI Z21.86-
2016.
d. Standing Pilot Light Energy
In response to a notice of proposed determination (``NOPD'') not to
amend energy conservation standards for DHE published on December 1,
2020 (85 FR 77017), the Joint Advocates urged DOE to address the pilot
light energy consumption for both vented and unvented heaters, noted
that the test procedures (i.e., appendix G and appendix O) do not
require measurement of the pilot light energy input rate for vented
heater models that instruct the user on how to turn the pilot light
off, and stated that this instruction does little to reduce the
operating hours of standing pilot lights in practice. (EERE-2019-BT-
STD-0002: Joint Advocates, No. 16 at p. 1) No such comments were
submitted on the April 2021 NOPR; however, DOE will respond to the
Joint Advocates' comments in this document.
DOE addresses similar comments regarding appendix G received in
response to the April 2021 NOPR in section III.C.2 of this document.
Regarding appendix O, similar to the requirement for unvented heaters
discussed previously, DOE notes that section 3.5 requires measurement
of the standing pilot input rate for all vented heaters that are not
manually controlled heaters for which the pilot light is designed to be
turned off by the user when the heater is not in use (that is, turning
the control to the OFF position will shut off the gas supply to
burner(s) and to the pilot light). This provision applies only to
manually controlled heaters that operate by the consumer physically
turning the unit on and off
[[Page 30785]]
when heating is desired, and does not apply to heaters that operate
with a thermostat or other automatic means of control.
DOE did not propose any changes to section 3.5 of appendix O in the
April 2021 NOPR. DOE does not have, and has not been presented with,
sufficient data to determine whether a significant number of vented
heater consumers leave the standing pilot light on during the non-
heating season. As a result, DOE lacks data at this time regarding the
operational hours of the pilot in off mode and the percentage of
consumers that do not turn their pilot lights off during the non-
heating seasons, which would be needed for DOE to incorporate a
representative measure of off mode energy use in the test procedure.
Therefore, DOE is maintaining the existing provisions in appendix O
regarding the measurement of the pilot light energy input rate for
vented heater models.
e. Draft Factors for Models With No Measurable Airflow
Section 3.6.1 of appendix O specifies that for units with no
measurable airflow through the unit when not in heating mode (as
determined by a smoke stick test defined in section 3.6.2 of appendix
O), a default value of 0.05 may be used for both the off-cycle draft
factor for flue gas flow (D<INF>F</INF>) and power burner draft factor
(D<INF>P</INF>).
In the April 2021 NOPR, DOE noted its prior request for information
in the February 2019 RFI regarding whether models using condensing or
induced draft technology are always capable of meeting the criteria
required to use the default draft factors of 0.05 and whether such
models should automatically be considered to have no measurable
airflow, and, thus, be allowed to use the defined value of 0.05 for
D<INF>F</INF> and D<INF>P</INF>. 86 FR 20053, 20062. However, DOE did
not propose the use of the default D<INF>F</INF> and D<INF>P</INF>
values for condensing and induced draft vented heaters without first
performing the test in section 3.6.2 of appendix O to confirm that
there is no measurable airflow. Id. DOE tentatively concluded that the
existing provisions in the test procedure for ensuring there is no
airflow through the unit when not in heating mode before allowing the
default draft factors are appropriate, particularly since the smoke
stick test was not identified as overly burdensome by stakeholders or
during DOE's testing. Further verification of no airflow ensures that
representative draft factors are applied during testing. Id.
DOE received no comments in response to its tentative conclusions
in the April 2021 NOPR. As such, DOE has concluded that the existing
provisions in the test procedure for ensuring there is no airflow
through the unit when not in heating mode before allowing the default
draft factors are appropriate.
E. Performance and Utility
DHE provides space heating (heated air) directly to the consumer's
living space without the use of duct connections. Also relevant to DHE
may be the ability to provide ``quiet'' operation, non-heating air
circulation, and space humidification.
In the April 2021 NOPR, DOE did not propose any changes to the test
procedure related to performance and utility, and tentatively
determined that the proposed changes to appendix O would not affect
performance or utility. 86 FR 20053, 20065. DOE sought comment and data
on whether the DHE test method affects DHE performance or utility,
specifically including whether there are impacts on features such as
air circulation and space humidification.
DOE received no comments on its proposal. DOE has determined that
the amendments adopted in this final rule do not affect performance and
utility of DHE.
F. Test Procedure Costs, Harmonization, and Other Topics
1. Test Procedure Costs and Impact
EPCA requires that test procedures proposed by DOE not be unduly
burdensome to conduct. (42 U.S.C. 6293(b)(3)) In this final rule, DOE
amends the existing test procedures for DHE (including both unvented
and vented heaters) by updating definitions regarding unvented and
vented heaters, incorporating by reference the most recent versions of
several industry standards, explicitly specifying the operational mode
for testing units with multiple automatic operational modes, stating
the required input rate for the cyclic condensate collection test,
allowing the use of manufacturer-specified values for gas supply
pressure in certain circumstances, aligning the tolerance on the
regulator outlet temperature with other DOE test procedures and the
tolerance on the specific gravity of natural gas and propane with
industry standards, providing an option to use fewer thermocouples for
measuring the flue gas temperature in models with small flues,
clarifying instructions for cyclic condensate mass measurements, and
clarifying when radiation shielding is necessary. DOE has determined
that the amendments adopted in this final rule will not be unduly
burdensome for manufacturers to conduct, will not change test burden
for manufacturers, and will not increase testing costs.
Specifically, this final rule amends certain definitions of
unvented heaters. These definitional changes provide greater
consistency and do not affect the applicability of the test procedures
or classification of any unvented heaters. As a result, the
definitional changes will not require additional testing or impact
testing costs.
This final rule updates the industry consensus standards
incorporated by reference to the most recent versions of those test
methods. All of the updated industry consensus standards, except ANSI/
ASHRAE 103-2017, do not contain any significant changes in the sections
referenced in the DOE test procedures for DHE. For ANSI/ASHRAE 103, the
2017 version differs from the 2007 version referenced in the DOE test
procedure in relation to the oil pressure measurement error allowance
and the post-purge time for applying default draft factor values. DOE
is adopting the updated standard with modification to retain the oil
pressure measurement error allowance and removing mentions of sections
8.8.3 and 9.10 within section 3.6.2.4.2 of appendix O, which refers to
the maximum post-purge time for applying default draft factor values
from the previously referenced 2007 version of the standard. These two
revisions were the only significant differences between the 2007 and
2017 versions that would potentially impact testing of vented heaters.
These amendments will not result in any additional burden or costs, as
manufacturers are already complying with the oil pressure measurement
error allowance provisions under the previous test procedure, and all
the information stated in Section 8.8.3 of ANSI/ASHRAE 103-2007 is
already stated in sections 3.6.1 and 3.6.2 of appendix O.
DOE is adopting amendments to specify that models with multiple
automatic operational modes are to be tested in the default mode (or
similarly named mode identified for normal operation). If a default
mode is not defined in the product literature, the model shall be
tested in the mode that the equipment operates in as shipped from the
manufacturer. As discussed, DOE did not identify any models currently
on the market that are capable of multiple automatic operation modes.
Thus, DOE concludes that this change will not require additional
testing, nor will it impact testing costs.
DOE is amending appendix O to explicitly state the required input
rate for the cyclic condensate collection test in section 3.8.2. The
input rate instruction is identical to the instruction
[[Page 30786]]
in Section 9.8 of ANSI/ASHRAE 103-2007, which was the industry test
procedure on which the cyclic condensate collection test in section
3.8.2 was based. DOE notes this instruction is also included in the
most recent version of ANSI/ASHRAE 103-2017. DOE concludes that because
the input rate is not specified in DOE's current test procedure, but is
explicitly stated in the industry test method, manufacturers are
already testing as instructed by the industry test method. Therefore,
this change will not require additional testing, nor would it impact
testing costs.
DOE is amending appendix O to allow for use of manufacturer-
specified gas inlet pressure ranges when the required input rating
(i.e., the nameplate input rating <plus-minus>2 percent) cannot be
achieved at 7-10 inches water column, as previously required in
appendix O. Aside from the tested unit that presented this issue, DOE
is unaware of this issue more broadly occurring in manufacturer
testing. Were this issue to occur, a valid test as prescribed by the
test procedure could not be performed, and a manufacturer would need to
seek a waiver from the test procedure under 10 CFR 430.27. DOE has not
received any such waivers. As such, this amendment will not require
retesting of units on the market and is not expected to impact test
burden.
DOE is also adding a tolerance on the regulator outlet temperature
to be within the greater of <plus-minus>10 percent of the manufacturer-
specified manifold pressure or <plus-minus>0.2 inches water column.
This tolerance is consistent with other DOE test procedures and is not
expected to require retesting of units on the market or to impact test
burden.
DOE is adding specifications that the specific gravity of natural
gas be between 0.57 and 0.70 and of propane gas be between 1.522 and
1.574. These ranges include the previously required values and align
with the industry's required ranges as stated in Annex G of ANSI
Z21.86-2016. As such, these changes will not require retesting of units
on the market and are not expected to impact test burden.
DOE is also allowing the testing agency to determine whether to use
nine or five thermocouples when testing models with small (2-inch or
less diameter) flues. In models where nine thermocouples restrict the
flow to the point of causing the unit to operate outside of the
allowable test and/or operational conditions (such as the maximum
outlet air temperature), a test meeting all the required test
conditions cannot be completed. Therefore, for impacted models, this
change will allow testing to the required test conditions to be
conducted, which are designed to produce results representative of a
typical average use cycle. DOE has determined that performing a test
with five thermocouples instead of nine will impose no additional
testing costs.
DOE is clarifying the calculation for the allowable variance of the
condensate mass measured during the cyclic condensate test when
determining whether to conduct three cycles or six. The amended wording
does not change the intent of the test or the test requirements, nor
will it have an impact on test cost.
Finally, DOE is clarifying when thermocouple radiation shielding is
necessary to install and, when shielding is necessary, providing
additional specification to ensure that appropriate shielding materials
are used. Radiation shielding requirements were already included in the
previous test procedure, and the amendments do not change the intent of
the test or the test requirements, nor will they have an impact on test
cost.
In summary, DOE has determined that manufacturers will be able to
rely on data generated under the previous test procedure and that
retesting will not be necessary as a result of the amendments adopted
by this final rule.
2. Harmonization With Industry Consensus Standards
Appendices G and O incorporate by reference certain provisions of
numerous industry standards. Both appendices incorporate by reference
IEC 62301 (Edition 2.0, 2011-01), which provides methods for measuring
electrical standby mode and off mode power consumption. Appendix O also
incorporates by reference ANSI/ASHRAE 103, which is a test method for
determining the annual fuel utilization efficiency of residential
central furnaces and boilers; ANSI Z21.86, which is a standard for
construction and safety performance of vented gas space heating
appliance; ASTM D-2156, which is a standard for determining smoke
density; and UL 729, UL 730, and UL 896, which are standards pertaining
to the installation of oil-fired vented heaters. The only industry
standard referenced in appendix G is IEC 62301. As discussed in section
III.B of this document, this final rule incorporates by reference the
most recent versions of the referenced industry standards.
G. Effective and Compliance Dates
The effective date for the adopted test procedure amendments is 30
days after publication of this final rule in the Federal Register. EPCA
prescribes that all representations of energy efficiency and energy
use, including those made on marketing materials and product labels,
must be made in accordance with an amended test procedure, beginning
180 days after publication of the final rule in the Federal Register.
(42 U.S.C. 6293(c)(2)) EPCA provides an allowance for individual
manufacturers to petition DOE for an extension of the 180-day period if
the manufacturer may experience undue hardship in meeting the deadline.
(42 U.S.C. 6293(c)(3)) To receive such an extension, petitions must be
filed with DOE no later than 60 days before the end of the 180-day
period and must detail how the manufacturer will experience undue
hardship. (Id.)
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
The Office of Management and Budget (``OMB'') has determined this
test procedure rulemaking does not constitute a ``significant
regulatory action'' under section 3(f) of Executive Order 12866,
Regulatory Planning and Review, 58 FR 51735 (Oct. 4, 1993).
Accordingly, this action was not subject to review under the Executive
order by the Office of Information and Regulatory Affairs (``OIRA'') in
OMB.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of a final regulatory flexibility analysis (``FRFA'') for
any final rule where the agency was first required by law to publish a
proposed rule for public comment, unless the agency certifies that the
rule, if promulgated, will not have a significant economic impact on a
substantial number of small entities. As required by Executive Order
13272, ``Proper Consideration of Small Entities in Agency Rulemaking,''
67 FR 53461 (Aug. 16, 2002), DOE published procedures and policies on
February 19, 2003, to ensure that the potential impacts of its rules on
small entities are properly considered during the DOE rulemaking
process. 68 FR 7990. DOE has made its procedures and policies available
on the Office of the General Counsel's website: <a href="http://www.energy.gov/gc/office-general-counsel">www.energy.gov/gc/office-general-counsel</a>.
The Small Business Administration (``SBA'') considers a business
entity to be a small business, if, together with its affiliates, it
employs less than a threshold number of workers specified in 13 CFR
part 121. The size standards and codes are established by the 2017
North American Industry Classification
[[Page 30787]]
System (``NAICS''). DHE manufacturers are classified under NAICS code
333414, ``Heating Equipment (except Warm Air Furnaces) Manufacturing.''
The SBA sets a threshold of 500 employees or fewer for an entity to be
considered as a small business. DOE used available public information
to identify potential small manufacturers of the covered product. DOE
accessed the Compliance System Management System's Compliance
Certification Database and AHRI's certified product directory to create
a list of companies that import or otherwise manufacture DHE covered by
this proposal. Using these sources, DOE identified a total of four
manufacturers of DHE. Of these manufacturers, two are potential small
domestic businesses. In April 2021 NOPR, DOE concluded that the impacts
of the proposed test procedure amendments would not have a
``significant economic impact on a substantial number of small
entities,'' and that the preparation of an initial regulatory
flexibility analysis (``IRFA'') was not warranted. DOE transmitted the
certification of its determination 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).
Between the publication of the April 2021 NOPR and this final rule,
one small business manufacturer purchased another 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. Due to the nature of this
final rule, which generally updates the incorporations by reference to
the latest version of applicable industry consensus standards (which
saw no substantive changes to the relevant provisions) and makes a
number of clarifications and minor modifications designed to reduce
burden, the Department has determined that this final rule will not
impose a significant burden on small manufacturers who produce this
specific type of product.
More specifically, in this document, DOE added the following
changes to the test procedure for unvented and vented heaters, as well
as several associated changes to definitions at 10 CFR 430.2. First, to
ensure consistent use and application of the test procedure, DOE:
Updates the definitions of ``floor electric heater,'' ``primary
heater,'' ``unvented gas heater,'' ``unvented home heating equipment,''
``unvented oil heater,'' ``vented home heating equipment,'' and
``vented room heater''; updates the terms ``primary heater'' and
``supplementary heater'' to ``primary electric heater'' and
``supplementary electric heater,'' respectively; maintains the existing
oil pressure measurement error value in the test procedure; explicitly
states the regulator outlet pressure and specific gravity tolerances
for the gas supply; and clarifies the wording of the cyclic condensate
collection test in the calculation of the allowable variance in
condensate mass measurements. Second, to align with the most recent
industry consensus standards, DOE: Updates the references to the
industry consensus standards to the most recent versions; clarifies the
required input rate for the cyclic condensate collection tests; and
explicitly states the methods to appropriately shield thermocouples
from radiation. Third, to ensure the representativeness of the test
procedure, DOE: Explicitly states the operational mode for testing
vented heaters with multiple automatic operation modes; allows for use
of manufacturer-specified gas inlet pressure range when the required
input rating cannot be reached; and provides an option to use five,
rather than nine, thermocouples for the thermocouple grid in models
with small (2-inch diameter or less) flues.
All changes are either clarifications to ensure consistent use and
application (which does not affect the results of the test procedure or
how the test procedure is run) or amendments that ensure the
representativeness of the test procedure as compared to products
installed in the field. These amendments are consistent with the most
recent industry consensus standards.
As stated, DOE has reviewed this final rule to amend the test
procedures for DHE under the provisions of the Regulatory Flexibility
Act and the procedures and policies published on February 19, 2003, and
the Department has determined that this rulemaking will not have any
cost impact. Therefore, DOE concludes that the impacts of the test
procedure amendments in this final rule will not have a ``significant
economic impact on a substantial number of small entities,'' and that
the preparation of an FRFA is not warranted. DOE has submitted a
certification and supporting statement of factual basis to the Chief
Counsel for Advocacy of the Small Business Administration for review
under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of DHE must certify to DOE that their products comply
with any applicable energy conservation standards. To certify
compliance, manufacturers must first obtain test data for their
products according to the DOE test procedures, including any amendments
adopted for those test procedures. DOE has established regulations for
the certification and recordkeeping requirements for all covered
consumer products and commercial equipment, including DHE. (See
generally 10 CFR part 429.) The collection-of-information requirement
for the certification and recordkeeping is subject to review and
approval by OMB under the Paperwork Reduction Act (``PRA''). This
requirement has been approved by OMB under OMB control number 1910-
1400. Public reporting burden for the certification is estimated to
average 35 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
In this document, DOE finalizes test procedures to measure the
rated output and implement energy conservation standards for DHE. DOE
has determined that this rule falls into a class of actions that are
categorically excluded from review under the National Environmental
Policy Act of 1969 (42 U.S.C 4321 et seq.) and DOE's implementing
regulations at 10 CFR part 1021. Specifically, DOE has determined that
adopting test procedures for measuring energy efficiency of consumer
products and industrial equipment is consistent with activities
identified in 10 CFR part 1021, appendix A to subpart D, A5 and A6.
Accordingly, neither an environmental assessment nor an environmental
impact statement is required.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 1999),
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. The Executive order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The
[[Page 30788]]
Executive order also requires agencies to have an accountable process
to ensure meaningful and timely input by State and local officials in
the development of regulatory policies that have federalism
implications. On March 14, 2000, DOE published a statement of policy
describing the intergovernmental consultation process it will follow in
the development of such regulations. 65 FR 13735. DOE examined this
final rule and determined that it will 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 rule.
States can petition DOE for exemption from such preemption to the
extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297(d))
No further action is required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
Eliminate drafting errors and ambiguity; (2) write regulations to
minimize litigation; (3) provide a clear legal standard for affected
conduct rather than a general standard; and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation (1) clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
this final rule meets the relevant standards of Executive Order 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action resulting in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at <a href="http://www.energy.gov/gc/">www.energy.gov/gc/</a>;office-general-counsel. DOE examined this final
rule according to UMRA and its statement of policy and determined that
the rule contains neither an intergovernmental mandate, nor a mandate
that may result in the expenditure of $100 million or more in any year,
so these requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This final rule will not have any impact on the autonomy or integrity
of the family as an institution. Accordingly, DOE has concluded that it
is not necessary to prepare a Family Policymaking Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (March 18, 1988), that this regulation will not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant
to OMB Memorandum M-19-15, Improving Implementation of the Information
Quality Act (April 24, 2019), DOE published updated guidelines which
are available at: <a href="http://www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf">www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf</a>. DOE has
reviewed this final rule 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
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgated or is expected to lead to promulgation of a final
rule, and that (1) is a significant regulatory action under Executive
Order 12866, or any successor order; and (2) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any significant energy action, the
agency must give a detailed statement of any adverse effects on energy
supply, distribution, or use if the regulation is implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
This regulatory action is not a significant regulatory action under
Executive Order 12866. Moreover, it would not have a significant
adverse effect on the supply, distribution, or use of energy, nor has
it been designated as a significant energy action by the Administrator
of OIRA. Therefore, it is not a significant energy action, and,
accordingly, DOE has not prepared a Statement of Energy Effects.
[[Page 30789]]
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977. (15 U.S.C. 788;
``FEAA'') Section 32 essentially provides in relevant part that, where
a proposed rule authorizes or requires use of commercial standards, the
notice of proposed rulemaking must inform the public of the use and
background of such standards. In addition, section 32(c) requires DOE
to consult with the Attorney General and the Chairman of the Federal
Trade Commission (``FTC'') concerning the impact of the commercial or
industry standards on competition.
The modifications to the test procedure for DHE adopted in this
final rule incorporates testing methods contained in certain sections
of the following commercial standards: ASNI/ASHRAE 103-2017, ANSI
Z21.86-2016, ASTM D2156-09 (R2018), IEC 62301 (Edition 2.0, 2011-01),
UL 729-2016, UL 730-2016, and UL 897-2016. DOE has evaluated these
standards and is unable to conclude whether it fully complies with the
requirements of section 32(b) of the FEAA (i.e., whether it was
developed in a manner that fully provides for public participation,
comment, and review.) DOE has consulted with both the Attorney General
and the Chairman of the FTC about the impact on competition of using
the methods contained in these standards and has received no comments
objecting to their use.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule before its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
N. Description of Materials Incorporated by Reference
In this final rule, DOE incorporates by reference the following
test standards:
(1) The test standard published by ASHRAE, titled ``Method of
Testing for Annual Fuel Utilization Efficiency of Residential Central
Furnaces and Boilers,'' ANSI/ASHRAE 103-2017. ANSI/ASHRAE 103-2017 is
an industry-accepted test procedure for determining the annual fuel
utilization efficiency of consumer furnaces and boilers. Specifically,
the test procedure amendments adopted by this final rule reference
sections of that industry consensus standard regarding test set-up for
oil-fueled DHE (including instrumentation and measurement descriptions
for oil burner adjustments), and instructions on calculating jacket
losses in vented floor heaters and calculations for draft factors.
Copies of ANSI/ASHRAE 103-2017 can be obtained from ASHRAE, 180
Technology Parkway NW, Peachtree Corners, GA 30092, (800) 527-4723 or
(404) 636-8400, or online at: <a href="http://www.ashrae.org">www.ashrae.org</a>.
(2) The test standard approved by ANSI, titled ``Vented Gas-fired
Space Heating Appliances,'' ANSI Z21.86-2016. ANSI Z21.86 is an
industry-accepted test procedure for vented gas-fired space heating
appliances. Specifically, the test procedure amendments adopted by this
final rule reference sections of that industry consensus standard
regarding the set-up specifications for vented wall DHE, instructions
for gas usage other than natural gas or propane, instructions for
measuring discharge temperatures of forced air, vented, wall DHE, and
descriptions of thermocouple installation in gas-fueled, vented DHEs.
Copies of ANSI Z21.86-2016 can be obtained from ANSI, 25 W 43rd Street,
4th Floor, New York, NY 10036, (212) 642-4900, or online at:
<a href="http://www.ansi.org">www.ansi.org</a>.
(3) The test standard published by ASTM, titled ``Standard Test
Method for Smoke Density in Flue Gases from Burning Distillate Fuels,''
ASTM D2156-09 (R2018). ASTM D2156 is an industry-accepted test
procedure for measuring smoke density in flue gases from burning
distillate fuels. Specifically, the test procedure amendments adopted
by this final rule reference sections of that industry consensus
standard regarding providing smoke density levels which are measured
during for the steady-state test. Copies of ASTM D2156-09 (R2018) can
be obtained from ASTM, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959 or online at: <a href="http://www.astm.org">www.astm.org</a>.
(4) The test standard published by IEC, titled ``Household
electrical appliances--Measurement of standby power,'' IEC 62301
(Edition 2.0, 2011-01). IEC 62301 is an industry-accepted test
procedure for the measurement of standby power modes in household
electrical appliances. Specifically, the test procedure amendments
adopted by this final rule reference sections of that industry
consensus standard regarding measurement of electrical standby mode and
off mode power consumption. Copies of IEC 62301 (Second Edition) can be
obtained from the American National Standards Institute, 25 W 43rd
Street, 4th Floor, New York, NY 10036, (212) 642-4900, or online at:
<a href="http://www.webstore.ansi.org">www.webstore.ansi.org</a>.
(5)-(7) The test standards published by UL: ``Standard for Safety
for Oil-fired Floor Furnaces,'' ``Standard for Safety for Oil-fired
Wall Furnaces,'' and ``Standard for Safety for Oil-burning Stoves,'' UL
729-2016, UL 730-2016, and UL 896-2016, respectively. UL 729, UL 730,
UL 896 are industry-accepted test procedures for oil-fired floor
furnaces, oil-fired wall furnaces, and oil-burning stoves respectively.
Specifically, the test procedure amendments adopted by this final rule
reference sections of those industry consensus standards regarding
vented floor and wall DHE test installation and instructions for flue
and thermocouple installation for oil fueled, vented floor DHEs. Copies
of UL 729-2016, UL 730-2016, and UL 896-2016 can be obtained from UL at
2600 NW Lake Rd., Camas, WA 98607-8542 or online at: <a href="http://www.ul.com">www.ul.com</a>.
The Director of the Federal Register previously approved IEC 62301
(Edition 2.0, 2011-01) for incorporation by reference in the locations
in which it appears in this rule's regulatory text for 10 CFR part 430.
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements, Small businesses.
Signing Authority
This document of the Department of Energy was signed on May 10,
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
[[Page 30790]]
the legal effect of this document upon publication in the Federal
Register.
Signed in Washington, DC, on May 10, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE amends part 430 of
Chapter II of Title 10, Code of Federal Regulations as set forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
1. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
0
2. Section 430.2 is amended by:
0
a. Revising the definitions for ``Electric heater'', ``Floor electric
heater'', ``Primary heater'', ``Supplementary heater'', and ``Unvented
gas heater'';
0
b. Removing the definition of ``Unvented home heating equipment'' and
adding, in alphabetical order, the definition of ``Unvented home
heating equipment or unvented heater''; and
0
c. Revising the definitions of ``Unvented oil heater'', ``Vented home
heating equipment or vented heater'', and ``Vented room heater''.
The revisions and addition read as follows:
Sec. 430.2 Definitions.
* * * * *
Electric heater means an electric appliance which is a class of
unvented home heating equipment 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.
* * * * *
Floor electric heater means an electric heater which is intended to
be recessed in a floor, and which transfers heat by radiation and/or
convection (either natural or forced).
* * * * *
Primary electric heater means an electric heater that is the
principal source of heat for a structure and includes baseboard
electric heaters, ceiling electric heaters, floor electric heaters, and
wall electric heaters.
* * * * *
Supplementary electric heater means an electric heater that
provides heat to a space in addition to that which is supplied by a
primary electric heater and includes portable electric heaters.
* * * * *
Unvented gas heater means a class of unvented home heating
equipment which is a self-contained, free-standing, nonrecessed gas-
burning appliance that furnishes heated air by gravity or fan
circulation.
Unvented home heating equipment or unvented heater means a class of
home heating equipment, not including furnaces, designed to furnish
heated air to a space proximate to such heater, directly from the
heater, without inlet duct connections and without exhaust venting, and
includes: Electric heater, unvented gas heater, and unvented oil
heater.
Unvented oil heater means a class of unvented home heating
equipment which is a self-contained, free-standing, nonrecessed oil-
burning appliance that furnishes heated air by gravity or fan
circulation.
* * * * *
Vented home heating equipment or vented heater means a class of
home heating equipment, not including furnaces, designed to furnish
heated air to a space proximate to such heater, directly from the
heater, without inlet duct connections (except that boots not to exceed
10 inches beyond the casing may be permitted), and with exhaust
venting, and includes: Vented wall furnace, vented floor furnace, and
vented room heater.
Vented room heater means a self-contained, free standing,
nonrecessed, vented heater for furnishing heated 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.
* * * * *
0
3. Section 430.3 is amended by:
0
a. Removing and reserving paragraph (e)(25);
0
b. Revising paragraphs (g) introductory text and (g)(16);
0
c. Redesignating paragraphs (g)(17) and (18) as (g)(18) and (19),
respectively;
0
d. Adding new paragraph (g)(17);
0
e. Revising paragraph (j)(1) and adding paragraph (j)(3);
0
f. Redesignating paragraphs (k) through (v) as paragraphs (l) through
(w) and adding new paragraph (k); and
0
g. Revising newly redesignated paragraphs (w)(1) through (3).
The revisions and additions read as follows:
Sec. 430.3 Materials incorporated by reference.
* * * * *
(g) ASHRAE. American Society of Heating, Refrigerating, and Air-
Conditioning Engineers, Inc., 180 Technology Parkway NW, Peachtree
Corners, GA 30092; (800) 527-4723 or (404) 636-8400; <a href="http://www.ashrae.org">www.ashrae.org</a>.
* * * * *
(16) ANSI/ASHRAE Standard 103-2007 (``ASHRAE 103-2007''), Method of
Testing for Annual Fuel Utilization Efficiency of Residential Central
Furnaces and Boilers, ANSI-approved March 25, 2008; IBR approved for
appendix AA to subpart B.
(17) ANSI/ASHRAE Standard 103-2017 (``ASHRAE 103-2017''), Method of
Testing for Annual Fuel Utilization Efficiency of Residential Central
Furnaces and Boilers, ANSI-approved July 3, 2017; IBR approved for
appendix O to subpart B.
* * * * *
(j) * * *
(1) ASTM D2156-09 (``ASTM D2156''), Standard Test Method for Smoke
Density in Flue Gases from Burning Distillate Fuels, ASTM-approved
December 1, 2009; IBR approved for appendix E to subpart B.
* * * * *
(3) ASTM D2156-09 (Reapproved 2018) (``ASTM D2156-09 (R2018)''),
Standard Test Method for Smoke Density in Flue Gases from Burning
Distillate Fuels, approved October 1, 2018; IBR approved for appendix O
to subpart B.
(k) Canadian Standards Association (CSA). CSA Group, 178 Rexdale
Blvd., Toronto, ON, Canada M9W 1R3, 1-800-463-6727 or 416-747-4044,
<a href="http://www.csagroup.org">www.csagroup.org</a>.
(1) ANSI Z21.86-2016 <bullet> CSA 2.32-2016 (``ANSI Z21.86-2016''),
Vented gas-fired space heating appliances, ANSI-approved December 21,
2016; IBR approved for appendix O to subpart B.
(2) [Reserved]
* * * * *
(w) * * *
(1) UL 729 (``UL 729-2016''), Standard for Safety for Oil-Fired
Floor Furnaces, Sixth Edition, dated August 29, 2003, including
revisions through November 22, 2016; IBR approved for appendix O to
subpart B.
(2) UL 730 (``UL 730-2016''), Standard for Safety for Oil-Fired
Wall Furnaces, Fifth Edition, dated August 29, 2003, including
revisions through November 22, 2016; IBR approved for appendix O to
subpart B.
(3) UL 896 (``UL 896-2016''), Standard for Safety for Oil-Burning
Stoves, Fifth Edition, dated July 29, 1993; including revisions through
November 22, 2016, IBR approved for appendix O to subpart B.
[[Page 30791]]
0
4. Appendix O to subpart B of part 430 is amended by:
0
a. Revising the introductory note;
0
b. Adding section 0; and
0
c. Revising sections 2, 3.1.2, 3.2, 3.6.2.4.2, and 3.8.2.
The additions and revisions read as follows:
Appendix O to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Vented Home Heating Equipment
Note: Prior to November 16, 2022, representations with respect
to the energy use or efficiency of vented home heating equipment,
including compliance certifications, must be based on testing
conducted in accordance with either this appendix as it now appears
or appendix O as it appeared at 10 CFR part 430, subpart B revised
as of January 1, 2021.
On and after November 16, 2022, representations with respect to
energy use or efficiency of vented home heating equipment, including
compliance certifications, must be based on testing conducted in
accordance with this appendix.
0.0 Incorporation by Reference. DOE incorporated by reference in
Sec. 430.3: ANSI Z21.86-2016; ASHRAE 103-2017; ASTM D2156-09
(R2018); IEC 62301; UL 729-2016; UL 730-2016; and UL 896-2016 in
their entirety. However, only enumerated provisions of ANSI Z21.86-
2016; ASHRAE 103-2017, UL 729-2016, UL 730-2016, and UL 896-2016 are
applicable to this appendix, as follows:
0.1 ANSI Z21.86-2016
(i) Section 5.2--Test gases
(ii) Section 9.1.3
(iii) Section 11.1.3
(iv) Section 11.7--Temperature at discharge air opening and
surface temperatures
0.2 ASHRAE 103-2017
(i) Section 6--INSTRUMENTS
(ii) Section 8.2.2.3.1--Oil Supply
(iii) Section 8.6--Jacket Loss Measurement
(iv) Section 8.8.3--Additional Optional Method of Testing for
Determining DP and DF for Furnaces and Boilers
(v) Section 9.10--Optional Test Procedures for Condensing
Furnaces and Boilers that Have no OFF-Period Flue Losses
0.3 UL 729-2016
(i) Section 38.1--Enclosure
(ii) Section 38.2--Chimney connector
0.4 UL 730-2016
(i) Section 36.1--Enclosure
(ii) Section 36.2--Chimney connector
(iii) Sections 37.5.8 through 37.5.180.5 UL 896-2016
(i) Section 37.1.2
(ii) Section 37.1.3
* * * * *
2.0 Testing conditions.
2.1 Installation of test unit.
2.1.1 Vented wall furnaces (including direct vent systems).
Install non-direct vent gas fueled vented wall furnaces as specified
in Section 11.1.3 of ANSI Z21.86-2016. Install direct vent gas
fueled vented wall furnaces as specified in Section 9.1.3 of ANSI
Z21.86-2016. Install oil-fueled vented wall furnaces as specified in
Section 36.1 of UL 730-2016.
2.1.2 Vented floor furnaces. Install vented floor furnaces for
test as specified in Section 38.1 of UL 729-2016.
2.1.3 Vented room heaters. Install vented room heaters for test
in accordance with the manufacturer's installation and operations
(I&O) manual provided with the unit.
2.2 Flue and stack requirements.
2.2.1 Gas fueled vented home heating equipment employing
integral draft diverters and draft hoods (excluding direct vent
systems). Attach to, and vertically above the outlet of gas-fueled
vented home heating equipment employing draft diverters or draft
hoods with vertically discharging outlets, a five (5) foot long test
stack having a cross-sectional area the same size as the draft
diverter outlet.
Attach to the outlet of vented heaters having a horizontally
discharging draft diverter or draft hood outlet a 90-degree elbow,
and a five (5) foot long vertical test stack. A horizontal section
of pipe may be used on the floor furnace between the diverter and
the elbow, if necessary, to clear any framing used in the
installation. Use the minimum length of pipe possible for this
section. Use stack, elbow, and horizontal section with same cross-
sectional area as the diverter outlet.
2.2 Oil-fueled vented home heating equipment (excluding direct
vent systems). Use flue connections for oil-fueled vented floor
furnaces as specified in Section 38.2 of UL 729-2016, Section 36.2
of UL 730-2016 for oil-fueled vented wall furnaces, and Sections
37.1.2 and 37.1.3 of UL 896-2016 for oil-fueled vented room heaters.
2.2.3 Direct vent systems. Have the exhaust/air intake system
supplied by the manufacturer in place during all tests. Test units
intended for installation with a variety of vent pipe lengths with
the minimum length recommended by the manufacturer in the I&O
manual. Do not connect a heater employing a direct vent system to a
chimney or induced draft source. Vent the gas solely on the
provision for venting incorporated in the heater and the vent/air
intake system supplied with it.
2.2.4 Condensing vented heater, additional flue requirements.
The flue pipe installation must not allow condensate formed in the
flue pipe to flow back into the unit. An initial downward slope from
the unit's exit, an offset with a drip leg, annular collection
rings, or drain holes must be included in the flue pipe installation
without disturbing normal flue gas flow. Flue gases should not flow
out of the drain with the condensate. For condensing vented heaters
that do not include means for collection of condensate, a means to
collect condensate must be supplied by the test lab for the purposes
of testing.
2.3 Fuel supply.
2.3.1 Natural gas. For a gas-fueled vented heater, maintain the
gas supply to the unit under test at an inlet test pressure
immediately ahead of all controls at 7 to 10 inches water column. If
the heater is equipped with a gas pressure regulator, maintain the
regulator outlet pressure within the greater of <plus-minus>0.2
inches water column, or <plus-minus>10 percent, of the manufacturer-
specified manifold pressure on the nameplate of the unit or in the
I&O manual. Use natural gas having a specific gravity between 0.57
and 0.70 and a higher heating value within <plus-minus>5 percent of
1,025 Btu per standard cubic foot. Determine the actual higher
heating value in Btu per standard cubic foot for the natural gas to
be used in the test with an error no greater than one percent. If
the burner cannot be adjusted to obtain a heat input rate of within
<plus-minus>2 percent of the hourly Btu rating specified by the
manufacturer on the nameplate of the unit or in the I&O manual, as
required by section 2.4.1 of this appendix, maintain the gas supply
to the unit under test at an inlet test pressure immediately ahead
of all controls at any value within the range specified on the
nameplate of the unit or in the I&O manual that results in a heat
input rate of within <plus-minus>2 percent of the hourly Btu rating
specified by the manufacturer on the nameplate of the unit or in the
I&O manual.
2.3.2 Propane gas. For a propane-gas-fueled vented heater,
maintain the gas supply to the unit under test at an inlet pressure
of 11 to 13 inches water column. If the heater is equipped with a
gas pressure regulator, maintain the regulator outlet pressure
within the greater of <plus-minus>0.2 inches water column, or <plus-
minus>10 percent, of the manufacturer's specified manifold pressure
on the nameplate of the unit or in the I&O manual. Use propane
having a specific gravity between 1.522 and 1.574 and a higher
heating value within <plus-minus>5 percent of 2,500 Btu per standard
cubic foot. Determine the actual higher heating value in Btu per
standard cubic foot for the propane to be used in the test. If the
burner cannot be adjusted to obtain a heat input rate of within
<plus-minus>2 percent of the hourly Btu rating specified by the
manufacturer on the nameplate of the unit or in the I&O manual, as
required by section 2.4.1 of this appendix, maintain the gas supply
to the unit under test at an inlet test pressure immediately ahead
of all controls at any value within the range specified on the
nameplate of the unit or in the I&O manual that results in a heat
input rate of within <plus-minus>2 percent of the hourly Btu rating
specified by the manufacturer on the nameplate of the unit or in the
I&O manual.
2.3.3 Other test gas. For vented heaters fueled by other test
gases, use test gases with characteristics as described in Table 3
of Section 5.2 of ANSI Z21.86-2016. Use gases with a measured higher
heating value within <plus-minus>5 percent of the values specified
in Table 3 of Section 5.2 of ANSI Z21.86-2016. Determine the actual
higher heating value of the gas used in the test with an error no
greater than one percent.
2.3.4 Oil supply. For an oil-fueled vented heater, use No. 1
fuel oil (kerosene) for vaporizing-type burners and either No. 1 or
No. 2 fuel oil, as specified by the manufacturer in the I&O manual
provided with the unit, for mechanical atomizing type burners. Use
test fuel conforming to the specifications given in Tables 2 and 3
of Section 8.2.2.3.1 of ASHRAE 103-2017. Measure the higher heating
value of the test fuel within <plus-minus>1 percent.
2.3.5 Electrical supply. For auxiliary electric components of a
vented heater,
[[Page 30792]]
maintain the electrical supply to the test unit within <plus-minus>1
percent of the nameplate voltage for the entire test cycle. If a
voltage range is used for nameplate voltage, maintain the electrical
supply within <plus-minus>1 percent of the mid-point of the
nameplate voltage range.
2.4 Burner adjustments.
2.4.1 Gas burner adjustments. Adjust the burners of gas-fueled
vented heaters to their maximum Btu ratings at the test pressure
specified in section 2.3 of this appendix. Correct the burner
volumetric flow rate to 60 [deg]F (15.6 [deg]C) and 30 inches of
mercury barometric pressure, set the fuel flow rate to obtain a heat
rate of within <plus-minus>2 percent of the hourly Btu rating
specified by the manufacturer on the nameplate of the unit or in the
I&O manual, as measured after 15 minutes of operation, starting with
all parts of the vented heater at room temperature. Set the primary
air shutters in accordance with the manufacturer's recommendations
on the nameplate of the unit or in the I&O manual to give a good
flame at this adjustment. Do not allow the deposit of carbon during
any test specified herein. If a vent limiting means is provided on a
gas pressure regulator, have it in place during all tests.
For gas-fueled heaters with modulating controls, adjust the
controls to operate the heater at the maximum fuel input rate. Set
the thermostat control to the maximum setting. Start the heater by
turning the safety control valve to the ``on'' position. In order to
prevent modulation of the burner at maximum input, place the
thermostat sensing element in a temperature control bath which is
held at a temperature below the maximum set point temperature of the
control.
For gas-fueled heaters with modulating controls, adjust the
controls to operate the heater at the reduced fuel input rate. Set
the thermostat control to the minimum setting. Start the heater by
turning the safety control valve to the ``on'' position. If ambient
test room temperature is above the lowest control set point
temperature, initiate burner operation by placing the thermostat
sensing element in a temperature control bath that is held at a
temperature below the minimum set point temperature of the control.
2.4.2 Oil burner adjustments. Adjust the burners of oil-fueled
vented heaters to give the CO<INF>2</INF> reading recommended by the
manufacturer and an hourly Btu input, during the steady-state
performance test described below, which is within <plus-minus>2
percent of the heater manufacturer's specified hourly Btu input
rating on the nameplate of the unit or in the I&O manual. On units
employing a power burner, do not allow smoke in the flue to exceed a
No. 1 smoke during the steady-state performance test as measured by
the procedure in ASTM D2156-09 (R2018). If, on units employing a
power burner, the smoke in the flue exceeds a No. 1 smoke during the
steady-state test, readjust the burner to give a lower smoke
reading, and, if necessary, a lower CO<INF>2</INF> reading, and
start all tests over. Maintain the average draft over the fire and
in the flue during the steady-state performance test at that
recommended by the manufacturer within <plus-minus>0.005 inches of
water gauge. Do not make additional adjustments to the burner during
the required series of performance tests. The instruments and
measuring apparatus for this test are described in Section 6 and
shown in Figure 8 of ASHRAE 103-2017. Calibrate instruments for
measuring oil pressure so that the error is no greater than <plus-
minus>0.5 psi.
2.5 Circulating air adjustments.
2.5.1 Forced-air vented wall furnaces (including direct vent
systems). During testing, maintain the air flow through the heater
as specified by the manufacturer in the I&O manual provided with the
unit and operate the vented heater with the outlet air temperature
between 80 [deg]F and 130 [deg]F above room temperature. If
adjustable air discharge registers are provided, adjust them so as
to provide the maximum possible air restriction. Measure air
discharge temperature as specified in Section 11.7.2 of ANSI Z21.86-
2016.
2.5.2 Fan-type vented room heaters and floor furnaces. During
tests on fan-type furnaces and heaters, adjust the air flow through
the heater as specified by the manufacturer. If adjustable air
discharge registers are provided, adjust them to provide the maximum
possible air restriction.
2.6 Location of temperature measuring instrumentation.
2.6.1 Gas-fueled vented home heating equipment (including direct
vent systems). Install thermocouples for measuring the heated air
temperature as described in Section 11.7.5 of ANSI Z21.86-2016.
Establish the temperature of the inlet air by means of a single No.
24 AWG bead-type thermocouple located in the center of the plane of
each inlet air opening. Use bead-type thermocouples having wire size
not greater than No. 24 American Wire Gauge (AWG). If a thermocouple
has a direct line of sight with the fire, install a radiation
shield, meeting the material and minimum thickness requirements from
Section 8.14.1 of ANSI Z21.86-2016, on the fire side of the
thermocouple only, and position the shield so that it does not touch
the thermocouple junction.
2.6.1.1 Integral draft diverter. For units employing an integral
draft diverter, install nine thermocouples, wired in parallel, in a
horizontal plane in the five-foot test stack located one foot from
the test stack inlet. Equalize the length of all thermocouple leads
before paralleling. Locate one thermocouple in the center of the
stack. Locate eight thermocouples along imaginary lines intersecting
at right angles in this horizontal plane at points one third and two
thirds of the distance between the center of the stack and the stack
wall.
For units with a stack diameter 2 inches or less, five
thermocouples may be installed instead of nine. Locate one
thermocouple in the center of the stack. Locate four thermocouples
along imaginary lines intersecting at right angles in this
horizontal plane at points halfway between the center of the stack
and the stack wall.
2.6.1.2 Direct vent system. For units which employ a direct vent
system, locate at least one thermocouple at the center of each flue
way exiting the heat exchanger. Provide radiation shields if the
thermocouples are exposed to burner radiation.
2.6.1.3 Draft hood or direct vent system which does not
intentionally preheat incoming air. For units which employ a draft
hood or units which employ a direct vent system which does not
intentionally preheat the incoming combustion air, such as a non-
concentric direct vent system, install nine thermocouples, wired in
parallel, in a horizontal plane located within 12 inches (304.8 mm)
of the heater outlet and upstream of the draft hood on units so
equipped. Locate one thermocouple in the center of the pipe and
eight thermocouples along imaginary lines intersecting at right
angles in this horizontal plane at points one third and two thirds
of the distance between the center of the pipe and the pipe wall.
For units with a flue pipe diameter of 2 inches or less, five
thermocouples may be installed instead of nine. Locate one
thermocouple in the center of the pipe and four thermocouples along
imaginary lines intersecting at right angles in this horizontal
plane at points halfway between the center of the pipe and the pipe
wall.
2.6.1.4 Direct vent system which intentionally preheat incoming
air. For units which employ direct vent systems that intentionally
preheat the incoming combustion air, such as a concentric direct
vent system, install nine thermocouples, wired in parallel, in a
plane parallel to and located within 6 inches (152.4 mm) of the
vent/air intake terminal. Equalize the length of all thermocouple
leads before paralleling. Locate one thermocouple in the center of
the flue pipe and eight thermocouples along imaginary lines
intersecting at right angles in this plane at points one third and
two thirds of the distance between the center of the flue pipe and
the pipe wall.
For units with a flue pipe diameter of 2 inches or less, five
thermocouples may be installed instead of nine. Locate one
thermocouple in the center of the flue pipe and four thermocouples
along imaginary lines intersecting at right angles in this plane at
points halfway between the center of the flue pipe and the pipe
wall.
2.6.2 Oil-fueled vented home heating equipment (including direct
vent systems).
Install thermocouples for measuring the heated air temperature
as described in Sections 37.5.8 through 37.5.18 of UL 730-2016.
Establish the temperature of the inlet air by means of a single No.
24 AWG bead-type thermocouple located in the center of the plane of
each inlet air opening. Use bead-type thermocouples having a wire
size not greater than No. 24 AWG. If there is a thermocouple that
has a direct line of sight with the fire, install a radiation
shield, meeting the material and minimum thickness requirements from
Section 8.14.1 of ANSI Z21.86-2016, on the fire side of the
thermocouple only, and position the shield so that it does not touch
the thermocouple junction.
Install nine thermocouples, wired in parallel and having equal
length leads, in a plane perpendicular to the axis of the flue pipe.
Locate this plane at the position shown in Figure 36.4 of UL 730-
2016, or Figure 38.1 and 38.2 of UL 729-2016 for a single
thermocouple, except that on direct vent systems which intentionally
preheat the incoming combustion air, locate this plane within 6
inches (152.5 mm) of the outlet of
[[Page 30793]]
the vent/air intake terminal. Locate one thermocouple in the center
of the flue pipe and eight thermocouples along imaginary lines
intersecting at right angles in this plane at points one third and
two thirds of the distance between the center of the pipe and pipe
wall.
For units with a flue pipe diameter of 2 inches or less, five
thermocouples may be installed instead of nine. Wire the
thermocouples in parallel with equal length leads, in a plane
perpendicular to the axis of the flue pipe. Locate this plane at the
position shown in Figure 36.4 of UL 730-2016, or Figure 38.1 and
38.2 of UL 729-2016 for a single thermocouple, except that on direct
vent systems which intentionally preheat the incoming combustion
air, locate this plane within 6 inches (152.5 mm) of the outlet of
the vent/air intake terminal. Locate one thermocouple in the center
of the flue pipe and four thermocouples along imaginary lines
intersecting at right angles in this plane at points halfway between
the center of the pipe and pipe wall.
2.7 Combustion measurement instrumentation. Analyze the samples
of stack and flue gases for vented heaters to determine the
concentration by volume of carbon dioxide present in the dry gas
with instrumentation which will result in a reading having an
accuracy of <plus-minus>0.1 percentage point.
2.8 Energy flow instrumentation. Install one or more
instruments, which measure the rate of gas flow or fuel oil supplied
to the vented heater, and if appropriate, the electrical energy with
an error no greater than one percent.
2.9 Room ambient temperature. The room ambient temperature shall
be the arithmetic average temperature of the test area, determined
by measurement with four No. 24 AWG bead-type thermocouples with
junctions shielded against radiation using shielding meeting the
material and minimum thickness requirements from Section 8.14.1 of
ANSI Z21.86-2016, located approximately at 90-degree positions on a
circle circumscribing the heater or heater enclosure under test, in
a horizontal plane approximately at the vertical midpoint of the
appliance or test enclosure, and with the junctions approximately 24
inches from sides of the heater or test enclosure and located so as
not to be affected by other than room air.
The value T<INF>RA</INF> is the room ambient temperature
measured at the last of the three successive readings taken 15
minutes apart described in section 3.1.1 or 3.1.2 of this appendix
as applicable. During the time period required to perform all the
testing and measurement procedures specified in section 3.0 of this
appendix, maintain the room ambient temperature within <plus-minus>5
[deg]F (<plus-minus>2.8 [deg]C) of the value T<INF>RA</INF>. At no
time during these tests shall the room ambient temperature exceed
100 [deg]F (37.8 [deg]C) or fall below 65 [deg]F (18.3 [deg]C).
Locate a thermocouple at each elevation of draft relief inlet
opening and combustion air inlet opening at a distance of
approximately 24 inches from the inlet openings. The temperature of
the air for combustion and the air for draft relief shall not differ
more than <plus-minus>5 [deg]F from the room ambient temperature as
measured above at any point in time. This requirement for combustion
air inlet temperature does not need to be met once the burner is
shut off during the testing described in sections 3.3 and 3.6 of
this appendix.
2.10 Equipment used to measure mass flow rate in flue and stack.
The tracer gas chosen for this task should have a density which is
less than or approximately equal to the density of air. Use a gas
unreactive with the environment to be encountered. Using
instrumentation of either the batch or continuous type, measure the
concentration of tracer gas with an error no greater than 2 percent
of the value of the concentration measured.
2.11 Equipment with multiple control modes.
2.11.1 For equipment that has both manual and automatic
thermostat control modes, test the unit according to the procedure
for its automatic control mode, i.e., single-stage, two-stage, or
step-modulating.
2.11.2 For equipment that has multiple automatic thermostat
control modes, test in the default mode (or similarly named mode
identified for normal operation) as defined by the manufacturer in
its I&O manual. If a default mode is not defined in the I&O manual,
test in the mode in which the equipment operates as shipped from the
manufacturer.
* * * * *
3.1.2 Oil-fueled vented home heating equipment (including direct
vent systems). Set up and adjust the vented heater as specified in
sections 2.1, 2.2, and 2.3.4 of this appendix. Begin the steady-
state performance test by operating the burner and the circulating
air blower, on units so equipped, with the adjustments specified by
sections 2.4.2 and 2.5 of this appendix, until steady-state
conditions are attained as indicated by a temperature variation of
not more than <plus-minus>5 [deg]F (2.8 [deg]C) in the flue gas
temperature in three successive readings taken 15 minutes apart. The
measurements described in this section are to coincide with the last
of these 15 minutes readings.
For units equipped with power burners, do not allow smoke in the
flue to exceed a No. 1 smoke during the steady-state performance
test as measured by the procedure described in ASTM D2156-09
(R2018). Maintain the average draft over the fire and in the
breeching during the steady-state performance test at that
recommended by the manufacturer <plus-minus>0.005 inches of water
gauge.
Measure the room temperature (T<INF>RA</INF>) as described in
section 2.9 of this appendix. Measure the steady-state flue gas
temperature (T<INF>F,SS</INF>) using nine thermocouples (or five, as
applicable) located in the flue pipe as described in section 2.6.2
of this appendix. From the plane where T<INF>F,SS</INF> was
measured, collect a sample of the flue gas and determine the
concentration by volume of CO<INF>2</INF> (X<INF>CO2F</INF>) present
in dry flue gas. Measure and record the steady-state heat input rate
(Q<INF>in</INF>).
For manually controlled oil fueled vented heaters, determine the
steady-state efficiency at a fuel input rate that is within <plus-
minus>5 percent of 50 percent of the maximum fuel input rate; or, if
the design of the heater is such that the fuel input rate cannot be
set to <plus-minus>5 percent of 50 percent of the maximum rated fuel
input rate, determine the steady-state efficiency at the minimum
rated fuel input rate as measured in section 3.1.2 of this appendix
for manually controlled oil fueled vented heaters.
* * * * *
3.2 Jacket loss measurement. Conduct a jacket loss test for
vented floor furnaces. Measure the jacket loss (L<INF>j</INF>) in
accordance with ASHRAE 103-2017 Section 8.6, applying the provisions
for furnaces and not the provisions for boilers.
* * * * *
3.6.2.4.2 If absolutely no smoke is drawn into the combustion
air intake, the vented heater meets the requirements to allow use of
the default draft factor of 0.05.
* * * * *
3.8.2 Cyclic condensate collection tests. If existing controls
do not allow for cyclical operation of the tested unit, install
control devices to allow cyclical operation of the vented heater.
Run three consecutive test cycles. For each cycle, operate the unit
until flue gas temperatures at the end of each on-cycle, rounded to
the nearest whole number, are within 5 [deg]F of each other for two
consecutive cycles. On-cycle and off-cycle times are 4 minutes and
13 minutes respectively. Control of ON and OFF operation actions
shall be within <plus-minus>6 seconds of the scheduled time. For
fan-type vented heaters, maintain circulating air adjustments as
specified in section 2.5 of this appendix. Begin condensate
collection at one minute before the on-cycle period of the first
test cycle. Remove the container one minute before the end of each
off-cycle period. Measure condensate mass for each test-cycle. The
error associated with the mass measurement instruments shall not
exceed <plus-minus>0.5 percent of the quantity measured.
Record fuel input during the entire test period starting at the
beginning of the on-time period of the first cycle to the beginning
of the on-time period of the second cycle, from the beginning of the
on-time period of the second cycle to the beginning of the on-time
period of the third cycle, etc., for each of the test cycles. Record
fuel HHV, temperature, and pressure necessary for determining fuel
energy input, Q<INF>C</INF>. Determine the mass of condensate for
each cycle, M<INF>C</INF>, in pounds. If at the end of three cycles,
the sample standard deviation is less than or equal to 20 percent of
the mean value for three cycles, use total condensate collected in
the three cycles as M<INF>C</INF>; if not, continue collection for
an additional three cycles and use the total condensate collected
for the six cycles as M<INF>C</INF>. Determine the fuel energy
input, Q<INF>C</INF>, during the three or six test cycles, expressed
in Btu.
For units with step-modulating controls, conduct the cyclic
condensate collection test at reduced input rate only. For units
with two-stage controls, conduct the cyclic condensate collection
test at both maximum and reduced input rates unless the balance-
point temperature (T<INF>C</INF>) as determined in section 4.1.10 of
this appendix O is equal to or less than the typical outdoor design
temperature of 5 [deg]F (-5 [deg]C), in which case,
[[Page 30794]]
conduct testing at the reduced input rate only.
* * * * *
[FR Doc. 2022-10373 Filed 5-19-22; 8:45 am]
BILLING CODE 6450-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 20, 2022.
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.