Proposed Rule2022-11745

Energy Conservation Program: Energy Conservation Standards for Dedicated-Purpose Pool Pump Motors

Primary source

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Published
June 21, 2022

Issuing agencies

Energy Department

Abstract

The Energy Policy and Conservation Act, as amended, prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including electric motors. In this notice of proposed rulemaking ("NOPR"), the Department of Energy (DOE) proposes to establish energy conservation standards for dedicated-purpose pool pump motors, a category of electric motors, and also announces a public meeting to receive comment on these proposed standards and associated analyses and results.

Full Text

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<title>Federal Register, Volume 87 Issue 118 (Tuesday, June 21, 2022)</title>
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[Federal Register Volume 87, Number 118 (Tuesday, June 21, 2022)]
[Proposed Rules]
[Pages 37122-37186]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11745]



[[Page 37121]]

Vol. 87

Tuesday,

No. 118

June 21, 2022

Part III





Department of Energy





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10 CFR Parts 429 and 431





Energy Conservation Program: Energy Conservation Standards for 
Dedicated-Purpose Pool Pump Motors; Proposed Rule

Federal Register / Vol. 87 , No. 118 / Tuesday, June 21, 2022 / 
Proposed Rules

[[Page 37122]]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 431

[EERE-2017-BT-STD-0048]
RIN 1904-AF27


Energy Conservation Program: Energy Conservation Standards for 
Dedicated-Purpose Pool Pump Motors

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of proposed rulemaking and announcement of public 
meeting.

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SUMMARY: The Energy Policy and Conservation Act, as amended, prescribes 
energy conservation standards for various consumer products and certain 
commercial and industrial equipment, including electric motors. In this 
notice of proposed rulemaking (``NOPR''), the Department of Energy 
(DOE) proposes to establish energy conservation standards for 
dedicated-purpose pool pump motors, a category of electric motors, and 
also announces a public meeting to receive comment on these proposed 
standards and associated analyses and results.

DATES: 
    Comments: DOE will accept comments, data, and information regarding 
this NOPR no later than August 22, 2022.
    Comments regarding the likely competitive impact of the proposed 
standard should be sent to the Department of Justice contact listed in 
the ADDRESSES section on or before July 21, 2022.
    Meeting: DOE will hold a public meeting via webinar on Tuesday, 
July 26, 2022, from 1:00 p.m. to 4:00 p.m. See section IV, ``Public 
Participation,'' for webinar registration information, participant 
instructions and information about the capabilities available to 
webinar participants.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the 
instructions for submitting comments. Alternatively, interested persons 
may submit comments, identified by docket number EERE-2017-BT-STD-0048, 
by any of the following methods:
    1. Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the 
instructions for submitting comments.
    2. Email: to <a href="/cdn-cgi/l/email-protection#efabbfbfa2809b809d9cdddfded8bcbbabdfdfdbd7af8a8ac18b808ac1888099"><span class="__cf_email__" data-cfemail="4f0b1f1f02203b203d3c7d7f7e781c1b0b7f7f7b770f2a2a612b202a61282039">[email&#160;protected]</span></a>. Include docket number 
EERE-2017-BT-STD-0048 in the subject line of the message.
    No telefacsimiles (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section IV of this document.
    Although DOE has routinely accepted public comment submissions 
through a variety of mechanisms, including the Federal eRulemaking 
Portal, email, postal mail and hand delivery/courier, the Department 
has found it necessary to make temporary modifications to the comment 
submission process in light of the ongoing corona virus 2019 (``COVID-
19'') pandemic. DOE is currently suspending receipt of public comments 
via postal mail and hand delivery/courier. If a commenter finds that 
this change poses an undue hardship, please contact Appliance Standards 
Program staff at (202) 586-1445 to discuss the need for alternative 
arrangements. Once the COVID-19 pandemic health emergency is resolved, 
DOE anticipates resuming all of its regular options for public comment 
submission, including postal mail and hand delivery/courier.
    Docket: The docket for this activity, which includes Federal 
Register notices, comments, and other supporting documents/materials, 
is available for review at <a href="http://www.regulations.gov">www.regulations.gov</a>. All documents in the 
docket are listed in the <a href="http://www.regulations.gov">www.regulations.gov</a> index. However, not all 
documents listed in the index may be publicly available, such as 
information that is exempt from public disclosure.
    The docket web page can be found at <a href="http://www.regulations.gov/#!docketDetail">www.regulations.gov/#!docketDetail</a>;D=EERE-2017-BT-STD-0048. The docket web page contains 
instructions on how to access all documents, including public comments, 
in the docket. See section VII of this document for information on how 
to submit comments through <a href="http://www.regulations.gov">www.regulations.gov</a>.
    EPCA requires the Attorney General to provide DOE a written 
determination of whether the proposed standard is likely to lessen 
competition. The U.S. Department of Justice Antitrust Division invites 
input from market participants and other interested persons with views 
on the likely competitive impact of the proposed standard. Interested 
persons may contact the Division at <a href="/cdn-cgi/l/email-protection#02676c6770657b2c7176636c6663706671427771666d682c656d74"><span class="__cf_email__" data-cfemail="2b4e454e594c5205585f4a454f4a594f586b5e584f4441054c445d">[email&#160;protected]</span></a> on or 
before the date specified in the DATES section. Please indicate in the 
``Subject'' line of your email the title and Docket Number of this 
proposed rulemaking.

FOR FURTHER INFORMATION CONTACT: 
    Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 
1000 Independence Avenue SW, Washington, DC, 20585-0121. Telephone: 
(202) 586-9870. Email: <a href="/cdn-cgi/l/email-protection#48093838242129262b2d1b3c29262c293a2c3b193d2d3b3c2127263b082d2d662c272d662f273e"><span class="__cf_email__" data-cfemail="8ecffefee2e7efe0edebddfaefe0eaeffceafddffbebfdfae7e1e0fdceebeba0eae1eba0e9e1f8">[email&#160;protected]</span></a>.
    Ms. Amelia Whiting, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC, 
20585-0121. Telephone: (202) 586-2588. Email: 
<a href="/cdn-cgi/l/email-protection#8aebe7efe6e3eba4fde2e3fee3e4edcae2fba4eee5efa4ede5fc"><span class="__cf_email__" data-cfemail="3b5a565e57525a154c53524f52555c7b534a155f545e155c544d">[email&#160;protected]</span></a>.
    For further information on how to submit a comment, review other 
public comments and the docket, or participate in the public meeting, 
contact the Appliance and Equipment Standards Program staff at (202) 
287-1445 or by email: <a href="/cdn-cgi/l/email-protection#c180b1b1ada8a0afa2a492b5a0afa5a0b3a5b290b4a4b2b5a8aeafb281a4a4efa5aea4efa6aeb7"><span class="__cf_email__" data-cfemail="1d5c6d6d71747c737e784e697c73797c6f796e4c68786e697472736e5d787833797278337a726b">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: DOE proposes to maintain the following 
previously approved standard in part 431 and incorporate by reference 
it into part 429: UL 1004-10 (1004-10:2022), ``Standard for Safety for 
Pool Pump Motors,'' First Edition, approved February 28, 2020, 
including revisions through March 24, 2022.
    Copies of UL 1004-10:2022 can be obtained from: Underwriters 
Laboratories, 333 Pfingsten Road, Northbrook, IL 60062, (841) 272-8800, 
or go to <a href="https://www.ul.com">https://www.ul.com</a>.
    For a further discussion of this standard, see section VI.M of this 
document.

Table of Contents

I. Synopsis of the Proposed Rule
    A. Benefits and Costs to Consumers
    B. Impact on Manufacturers
    C. National Benefits and Costs
    D. Conclusion
II. Introduction
    A. Authority
    B. Background
    1. Current Standards
    2. History of Standards Rulemaking for DPPP Motors
    C. Deviation From Appendix A
III. General Discussion
    A. Scope of Coverage and Equipment Classes
    B. Test Procedure
    C. Technological Feasibility
    1. General
    2. Maximum Technologically Feasible Levels
    D. Energy Savings
    1. Determination of Savings
    2. Significance of Savings
    E. Economic Justification
    1. Specific Criteria
    a. Economic Impact on Manufacturers and Consumers
    b. Savings in Operating Costs Compared To Increase in Price (LCC 
and PBP)
    c. Energy Savings
    d. Lessening of Utility or Performance of Products
    e. Impact of Any Lessening of Competition
    f. Need for National Energy Conservation

[[Page 37123]]

    g. Other Factors
    2. Rebuttable Presumption
IV. Methodology and Discussion of Related Comments
    A. Market and Technology Assessment
    1. Scope of Coverage
    2. Market Review
    3. Equipment Classes
    4. Technology Assessment and Options
    a. Motor Topology
    b. Motor Speed
    B. Screening Analysis
    C. Engineering Analysis
    1. Efficiency Analysis
    a. Representative Units
    b. Baseline Efficiency Levels
    c. Higher Efficiency Levels
    2. Cost Analysis
    D. Markups Analysis
    E. Energy Use Analysis
    1. DPPP Motor Applications
    2. DPPP Motor Consumer Sample
    3. Self-Priming and Non-Self-Priming Pool Pump Motor Input Power
    4. Pressure Cleaner Booster Pumps Motor Input Power
    5. Daily Operating Hours
    6. Annual Days of Operation
    F. Life-Cycle Cost and Payback Period Analysis
    1. Equipment Cost
    2. Installation Cost
    3. Annual Energy Consumption
    4. Energy Prices
    5. Maintenance and Repair Costs
    6. Equipment Lifetime
    7. Discount Rates
    8. Energy Efficiency Distribution in the No-New-Standards Case
    9. Payback Period Analysis
    G. Shipments Analysis
    1. Base-Year Shipments
    2. No-New-Standards Case Shipment Projections
    3. Standards-Case Shipment Projections
    H. National Impact Analysis
    1. Equipment Efficiency Trends
    2. National Energy Savings
    3. Net Present Value Analysis
    I. Consumer Subgroup Analysis
    J. Manufacturer Impact Analysis
    1. Overview
    2. Government Regulatory Impact Model and Key Inputs
    a. Manufacturer Production Costs
    b. Shipments Projections
    c. Product and Capital Conversion Costs
    d. Markup Scenarios
    3. Manufacturer Interviews
    K. Emissions Analysis
    1. Air Quality Regulations Incorporated in DOE's Analysis
    L. Monetizing Emissions Impacts
    1. Monetization of Greenhouse Gas Emissions
    a. Social Cost of Carbon
    b. Social Cost of Methane and Nitrous Oxide
    2. Monetization of Other Emissions Impacts
    M. Utility Impact Analysis
    N. Employment Impact Analysis
V. Analytical Results and Conclusions
    A. Trial Standard Levels
    B. Economic Justification and Energy Savings
    1. Economic Impacts on Individual Consumers
    a. Life-Cycle Cost and Payback Period
    b. Consumer Subgroup Analysis
    c. Rebuttable Presumption Payback
    2. Economic Impacts on Manufacturers
    a. Industry Cash Flow Analysis Results
    b. Direct Impacts on Employment
    c. Impacts on Manufacturing Capacity
    d. Impacts on Subgroups of Manufacturers
    e. Cumulative Regulatory Burden
    3. National Impact Analysis
    a. Significance of Energy Savings
    b. Net Present Value of Consumer Costs and Benefits
    c. Indirect Impacts on Employment
    4. Impact on Utility or Performance of Products
    5. Impact of Any Lessening of Competition
    6. Need of the Nation To Conserve Energy
    7. Other Factors
    8. Summary of Economic Impacts
    C. Conclusion
    1. Benefits and Burdens of TSLs Considered for DPPP Motors 
Standards
    2. Annualized Benefits and Costs of the Proposed Standards
VI. Procedural Issues and Regulatory Review
    A. Review Under Executive Orders 12866 and 13563
    B. Review Under the Regulatory Flexibility Act
    1. Description of Reasons Why Action Is Being Considered
    2. Objectives of, and Legal Basis for, Rule
    3. Description on Estimated Number of Small Entities Regulated
    4. Description and Estimate of Compliance Requirements Including 
Differences in Cost, if Any, for Different Groups of Small Entities
    5. Duplication, Overlap, and Conflict With Other Rules and 
Regulations
    6. Significant Alternatives to the Rule
    C. Review Under the Paperwork Reduction Act
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under the Treasury and General Government 
Appropriations Act, 2001
    K. Review Under Executive Order 13211
    L. Information Quality
    M. Description of Materials Incorporated by Reference
VII. Public Participation
    A. Participation in the Webinar
    B. Procedure for Submitting Prepared General Statements for 
Distribution
    C. Conduct of the Webinar
    D. Submission of Comments
    E. Issues on Which DOE Seeks Comment
VIII. Approval of the Office of the Secretary

I. Synopsis of the Proposed Rule

    Title III, Part C \1\ of the Energy Policy and Conservation Act, as 
amended (EPCA) \2\ established the Energy Conservation Program for 
Certain Industrial Equipment. (42 U.S.C. 6311-6317) Such equipment 
includes electric motors, which include dedicated-purpose pool pump 
motors (``DPPP motors'' or ``DPPPMs'' or ``pool pump motors''), the 
subject of this proposed rulemaking. (42 U.S.C. 6311(1)(A))
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
part C was re-designated part A-1.
    \2\ All references to EPCA in this document refer to the statute 
as amended through the Infrastructure Investment and Jobs Act, 
Public Law 117-58 (Nov. 15, 2021).
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    Pursuant to EPCA, any new or amended energy conservation standard 
must be designed to achieve the maximum improvement in energy 
efficiency that DOE determines is technologically feasible and 
economically justified. (42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(2)(A)) 
Furthermore, the new or amended standard must result in a significant 
conservation of energy. (42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(3)(B))
    In accordance with these and other statutory provisions discussed 
in this document, DOE proposes new energy conservation standards for 
DPPP motors. DOE is proposing performance standard for a class of DPPP 
motors and design requirements for certain classes of DPPP motors. The 
proposed performance standard, which are expressed in full-load 
efficiency, and proposed design requirements are shown in Table I.1 of 
this document. These proposed standards, if adopted, would apply to all 
DPPP motors listed in Table I.1 of this NOPR manufactured in, or 
imported into, the United States starting on the date 2 years after the 
publication of the final rule for this proposed rulemaking.

[[Page 37124]]



            Table I.1--Proposed Energy Conservation Standards for Dedicated Purpose Pool Pump Motors
----------------------------------------------------------------------------------------------------------------
                                           Performance
                                         standard: full-
     Motor total horsepower  (THP)            load        Design requirement: speed   Design requirement: freeze
                                           efficiency            capability                   protection
                                               (%)
----------------------------------------------------------------------------------------------------------------
THP < 0.5..............................              69  None......................  None.
0.5 <= THP < 1.15......................  ..............  Variable speed control....  Only for DPPP motors with
                                                                                      freeze protection
                                                                                      controls.
1.15 <= THP <= 5.......................  ..............  Variable speed control....  Only for DPPP motors with
                                                                                      freeze protection
                                                                                      controls.
----------------------------------------------------------------------------------------------------------------

    DOE also proposes to require that DPPP motors greater than or equal 
to 0.5 THP must be variable speed control DPPP motors.\3\ Finally, for 
DPPP motors greater than or equal to 0.5 THP, DOE proposes that DPPP 
motors with freeze protection controls are to be shipped with the 
freeze protection feature disabled, or with the following default, 
user-adjustable settings: (a) the default dry-bulb air temperature 
setting shall be no greater than 40 [deg]F; (b) the default run time 
setting shall be no greater than 1 hour (before the temperature is 
rechecked); and (c) the default motor speed in freeze protection mode 
shall not be more than half of the maximum operating speed.
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    \3\ Variable speed control DPPP motor is defined in UL 1004-
10:2020 (incorporated by reference, See 10 CFR 431.482 and 10 CFR 
431.483). In this NOPR, DOE is proposing to reference the latest 
version of the UL standard, UL 1004-10:2022; see discussion in 
section III.A.1. Throughout this NOPR, a variable speed motor is a 
DPPP motor that meets the definition of ``variable speed control 
dedicated-purpose pool pump motor'' as defined by UL 1004-10:2022.
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A. Benefits and Costs to Consumers

    Table I.2 presents DOE's evaluation of the economic impacts of the 
proposed standards on consumers of DPPP motors, as measured by the 
average life-cycle cost (``LCC'') savings and the simple payback period 
(``PBP'').\4\ The average LCC savings are positive for all equipment 
classes, and the PBP is less than the average lifetime of DPPP motors, 
which is estimated to be 4.5 years (see section IV.F.6 of this 
document).
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    \4\ The average LCC savings refer to consumers that are affected 
by a standard and are measured relative to the efficiency 
distribution in the no-new-standards case, which depicts the market 
in the compliance year in the absence of new or amended standards 
(see section IV.F.8 of this document). The simple PBP, which is 
designed to compare specific efficiency levels, is measured relative 
to the baseline product (see section V.B.1.a of this document).

     Table I.2--Impacts of Proposed Energy Conservation Standards on
                        Consumers of DPPP Motors
------------------------------------------------------------------------
                                         Average LCC     Simple payback
    Motor total horsepower  (THP)     savings  (2020$)   period  (years)
------------------------------------------------------------------------
THP < 0.5...........................                 3               0.7
0.5 <= THP < 1.15...................                69               2.3
1.15 <= THP <= 5....................               292               0.9
------------------------------------------------------------------------

    DOE's analysis of the impacts of the proposed standards on 
consumers is described in section IV.F of this document.

B. Impact on Manufacturers

    The industry net present value (``INPV'') is the sum of the 
discounted cash flows to the industry from the base year through the 
end of the analysis period (2021-2055). Using a real discount rate of 
7.2 percent, DOE estimates that the INPV for manufacturers of DPPP 
motors in the case without standards is $798 million in 2020$. Under 
the proposed standards, the change in INPV is estimated to range from -
23.7 percent to 12.9 percent, which is approximately -$189.3 million to 
$102.9 million. In order to bring products into compliance with 
standards, it is estimated that the industry would incur total 
conversion costs of $46.2 million.
    DOE's analysis of the impacts of the proposed standards on 
manufacturers is described in section IV.J of this document. The 
analytic results of the manufacturer impact analysis (``MIA'') are 
presented in section V.B.2 of this document.

C. National Benefits and Costs \5\
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    \5\ All monetary values in this document are expressed in 2020 
dollars.
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    DOE's analyses indicate that the proposed energy conservation 
standards for DPPP motors would save a significant amount of energy. 
Relative to the case without standards, the lifetime energy savings for 
DPPP motors purchased in the 30-year period that begins in the 
anticipated first full year of compliance with the standards (2026-
2055) amount to 0.99 quadrillion British thermal units (``Btu''), or 
quads.\6\ This represents a savings of 19.8 percent relative to the 
energy use of these products in the case without amended standards 
(referred to as the ``no-new-standards case'').
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    \6\ The quantity refers to full-fuel-cycle (``FFC'') energy 
savings. FFC energy savings includes the energy consumed in 
extracting, processing, and transporting primary fuels (i.e., coal, 
natural gas, petroleum fuels), and, thus, presents a more complete 
picture of the impacts of energy efficiency standards. For more 
information on the FFC metric, see section IV.H.1 of this document.
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    The cumulative net present value (``NPV'') of total consumer 
benefits of the proposed standards for DPPP motors ranges from $3.0 
billion (at a 7-percent discount rate) to $6.3 billion (at a 3-percent 
discount rate). This NPV expresses the estimated total value of future 
operating-cost savings minus the estimated increased equipment costs 
for DPPP motors purchased in 2026-2055.
    In addition, the proposed standards for DPPP motors are projected 
to yield significant environmental benefits. DOE estimates that the 
proposed standards would result in cumulative emission reductions (over 
the same period as for energy savings) of 36.2 million metric tons 
(``Mt'') \7\ of carbon dioxide (``CO<INF>2</INF>''), 15.8 thousand tons 
of sulfur dioxide (``SO<INF>2</INF>''), 49.9 thousand tons of nitrogen 
oxides (``NO<INF>X</INF>''), 237.2 thousand tons of methane 
(``CH<INF>4</INF>''), 0.4 thousand tons of

[[Page 37125]]

nitrous oxide (``N<INF>2</INF>O''), and 0.1 tons of mercury 
(``Hg'').\8\
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    \7\ A metric ton is equivalent to 1.1 short tons. Results for 
emissions other than CO<INF>2</INF> are presented in short tons.
    \8\ DOE calculated emissions reductions relative to the no-new-
standards case, which reflects key assumptions in the Annual Energy 
Outlook 2021 (``AEO2021''). AEO2021 represents current federal and 
state legislation and final implementation of regulations as of the 
time of its preparation. See section IV.K of this document for 
further discussion of AEO2021 assumptions that effect air pollutant 
emissions.
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    DOE estimates the value of climate benefits from a reduction in 
greenhouse gases using four different estimates of the social cost of 
CO<INF>2</INF> (``SC-CO<INF>2</INF>''), the social cost of methane 
(``SC-CH<INF>4</INF>''), and the social cost of nitrous oxide (``SC-
N<INF>2</INF>O''). Together these represent the social cost of 
greenhouse gases (SC-GHG). DOE used interim SC-GHG values developed by 
an Interagency Working Group on the Social Cost of Greenhouse Gases 
(IWG).\9\ The derivation of these values is discussed in section IV.L 
of this document. For presentational purposes, the climate benefits 
associated with the average SC-GHG at a 3-percent discount rate are 
estimated to be $1.8 billion. DOE does not have a single central SC-GHG 
point estimate and it emphasizes the importance and value of 
considering the benefits calculated using all four SC-GHG 
estimates.\10\ DOE estimated the monetary health benefits of 
SO<INF>2</INF> and NO<INF>X</INF> emissions reductions, also discussed 
in section IV.L of this document. DOE estimated the present value of 
the health benefits would be $1.6 billion using a 7-percent discount 
rate, and $3.3 billion using a 3-percent discount rate.\11\ DOE is 
currently only monetizing (for SO<INF>2</INF> and NO<INF>X</INF>) 
PM<INF>2.5</INF> precursor health benefits and (for NO<INF>X</INF>) 
ozone precursor health benefits, but will continue to assess the 
ability to monetize other effects such as health benefits from 
reductions in direct PM<INF>2.5</INF> emissions.\12\
---------------------------------------------------------------------------

    \9\ See Interagency Working Group on Social Cost of Greenhouse 
Gases, Technical Support Document: Social Cost of Carbon, Methane, 
and Nitrous Oxide. Interim Estimates Under Executive Order 13990, 
Washington, DC, February 2021. (``February 2021 SC-GHG TSD''). /
<a href="http://www.whitehouse.gov/wp-content/uploads/2021/02/TechnicalSupportDocument_SocialCostofCarbonMethaneNitrousOxide.pdf">www.whitehouse.gov/wp-content/uploads/2021/02/TechnicalSupportDocument_SocialCostofCarbonMethaneNitrousOxide.pdf</a>.
    \10\ On March 16, 2022, the Fifth Circuit Court of Appeals (No. 
22-30087) granted the federal government's emergency motion for stay 
pending appeal of the February 11, 2022, preliminary injunction 
issued in Louisiana v. Biden, No. 21-cv-1074-JDC-KK (W.D. La.). As a 
result of the Fifth Circuit's order, the preliminary injunction is 
no longer in effect, pending resolution of the federal government's 
appeal of that injunction or a further court order. Among other 
things, the preliminary injunction enjoined the defendants in that 
case from ``adopting, employing, treating as binding, or relying 
upon'' the interim estimates of the social cost of greenhouse 
gases--which were issued by the Interagency Working Group on the 
Social Cost of Greenhouse Gases on February 26, 2021--to monetize 
the benefits of reducing greenhouse gas emissions. In the absence of 
further intervening court orders, DOE will revert to its approach 
prior to the injunction and presents monetized benefits where 
appropriate and permissible under law
    \11\ DOE estimates the economic value of these emissions 
reductions resulting from the considered TSLs for the purpose of 
complying with the requirements of Executive Order 12866.
    \12\ On March 16, 2022, the Fifth Circuit Court of Appeals (No. 
22-30087) granted the federal government's emergency motion for stay 
pending appeal of the February 11, 2022, preliminary injunction 
issued in Louisiana v. Biden, No. 21-cv-1074-JDC-KK (W.D. La.). As a 
result of the Fifth Circuit's order, the preliminary injunction is 
no longer in effect, pending resolution of the federal government's 
appeal of that injunction or a further court order. Among other 
things, the preliminary injunction enjoined the defendants in that 
case from ``adopting, employing, treating as binding, or relying 
upon'' the interim estimates of the social cost of greenhouse 
gases--which were issued by the Interagency Working Group on the 
Social Cost of Greenhouse Gases on February 26, 2021--to monetize 
the benefits of reducing greenhouse gas emissions. In the absence of 
further intervening court orders, DOE will revert to its approach 
prior to the injunction and present monetized benefits where 
appropriate and permissible under law.
---------------------------------------------------------------------------

    Table I.3 summarizes the economic benefits and costs expected to 
result from the proposed standards for DPPP motors. There are other 
important unquantified effects, including certain unquantified climate 
benefits, unquantified public health benefits from the reduction of 
toxic air pollutants and other emissions, unquantified energy security 
benefits, and distributional effects, among others.

 Table I.3--Summary of Monetized Economic Benefits and Costs of Proposed
              Energy Conservation Standards for DPPP Motors
                                 [TSL 7]
------------------------------------------------------------------------
                                                          Billion 2020$
------------------------------------------------------------------------
                            3% discount rate
------------------------------------------------------------------------
Consumer Operating Cost Savings.......................               8.8
Climate Benefits *....................................               1.8
Health Benefits **....................................               3.3
                                                       -----------------
    Total Benefits [dagger]...........................              13.9
                                                       -----------------
    Consumer Incremental Equipment Costs..............               2.5
                                                       -----------------
    Net Benefits......................................              11.4
------------------------------------------------------------------------
                            7% discount rate
------------------------------------------------------------------------
Consumer Operating Cost Savings.......................               4.6
Climate Benefits * (3% discount rate).................               1.8
Health Benefits **....................................               1.6
    Total Benefits[dagger]............................               8.0
                                                       -----------------
    Consumer Incremental Equipment Costs..............               1.5
                                                       -----------------
    Net Benefits......................................               6.4
------------------------------------------------------------------------
Note: This table presents the costs and benefits associated with DPPP
  motors shipped in 2026-2055. These results include benefits to
  consumers which accrue after 2055 from the products shipped in 2026-
  2055.

[[Page 37126]]

 
* Climate benefits are calculated using four different estimates of the
  social cost of carbon (SC-CO2), methane (SC-CH4), and nitrous oxide
  (SC-N2O) (model average at 2.5 percent, 3 percent, and 5 percent
  discount rates; 95th percentile at 3 percent discount rate), as shown
  in Table IV.17 and Table IV.18. Together these represent the global SC-
  GHG. For presentational purposes of this table, the climate benefits
  associated with the average SC-GHG at a 3 percent discount rate are
  shown, but the Department does not have a single central SC-GHG point
  estimate. See section IV.L of this document for more details. On March
  16, 2022, the Fifth Circuit Court of Appeals (No. 22-30087) granted
  the federal government's emergency motion for stay pending appeal of
  the February 11, 2022, preliminary injunction issued in Louisiana v.
  Biden, No. 21-cv-1074-JDC-KK (W.D. La.). As a result of the Fifth
  Circuit's order, the preliminary injunction is no longer in effect,
  pending resolution of the federal government's appeal of that
  injunction or a further court order. Among other things, the
  preliminary injunction enjoined the defendants in that case from
  ``adopting, employing, treating as binding, or relying upon'' the
  interim estimates of the social cost of greenhouse gases--which were
  issued by the Interagency Working Group on the Social Cost of
  Greenhouse Gases on February 26, 2021--to monetize the benefits of
  reducing greenhouse gas emissions. In the absence of further
  intervening court orders, DOE will revert to its approach prior to the
  injunction and presents monetized benefits where appropriate and
  permissible under law.
** Health benefits are calculated using benefit-per-ton values for NOX
  and SO2. DOE is currently only monetizing (for SO2 and NOX) PM2.5
  precursor health benefits and (for NOX) ozone precursor health
  benefits, but will continue to assess the ability to monetize other
  effects such as health benefits from reductions in direct PM2.5
  emissions. See section IV.L of this document for more details.
[dagger] Total and net benefits include those consumer, climate, and
  health benefits that can be quantified and monetized. For presentation
  purposes, total and net benefits for both the 3-percent and 7-percent
  cases are presented using the average SC-GHG with 3-percent discount
  rate, but the Department does not have a single central SC-GHG point
  estimate. DOE emphasizes the importance and value of considering the
  benefits calculated using all four SC-GHG estimates.

    The benefits and costs of the proposed standards can also be 
expressed in terms of annualized values. The monetary values for the 
total annualized net benefits are (1) the reduced consumer operating 
costs, minus (2) the increase in product purchase prices and 
installation costs, plus (3) the value of climate and health benefits 
of emission reduction, all annualized.\13\ The national operating 
savings are domestic private U.S. consumer monetary savings that occur 
as a result of purchasing the covered products and are measured for the 
lifetime of DPPP motors shipped in 2026-2055. The benefits associated 
with reduced emissions achieved as a result of the proposed standards 
are also calculated based on the lifetime of DPPP motors shipped in 
2026-2055. Total benefits for both the 3-percent and 7-percent cases 
are presented using the average GHG social costs with 3-percent 
discount rate. Estimates of SC-GHG values are presented for all four 
discount rates in section V.B.8 of this document. Table I.4 presents 
the total estimated monetized benefits and costs associated with the 
proposed standard, expressed in terms of annualized values.
---------------------------------------------------------------------------

    \13\ To convert the time-series of costs and benefits into 
annualized values, DOE calculated a present value in 2026, the year 
used for discounting the NPV of total consumer costs and savings. 
For the benefits, DOE calculated a present value associated with 
each year's shipments in the year in which the shipments occur 
(e.g., 2030), and then discounted the present value from each year 
to 2026. Using the present value, DOE then calculated the fixed 
annual payment over a 30-year period, starting in the compliance 
year, that yields the same present value.
---------------------------------------------------------------------------

    Estimates of annualized benefits and costs of the proposed 
standards are shown in Table I.4 of this document. The results under 
the primary estimate are as follows.
    Using a 7-percent discount rate for consumer benefits and costs and 
health benefits from reduced NO<INF>X</INF> and SO<INF>2</INF> 
emissions benefits, and the 3-percent discount rate case for climate 
benefits from reduced GHG emissions, the estimated cost of the 
standards proposed in this rule is $163.5 million per year in increased 
equipment costs, while the estimated annual benefits are $482.3 million 
in reduced equipment operating costs $104.2 million in GHG climate 
benefits, and $168.7 million in health benefits. In this case, the net 
benefit would amount to $591.6 million per year.
    Using a 3-percent discount rate for all benefits and costs, the 
estimated cost of the proposed standards is $142.9 million per year in 
increased equipment costs, while the estimated annual benefits are 
$504.2 million in reduced operating costs, $104.2 million in climate 
benefits, and $188.9 million in health benefits. In this case, the net 
benefit would amount to $654.4 million per year.

  Table I.4--Annualized Monetized Benefits and Costs of Proposed Energy Conservation Standards for DPPP Motors
                                                     [TSL 7]
----------------------------------------------------------------------------------------------------------------
                                                                       Million 2020$/year
                                               -----------------------------------------------------------------
                                                                        Low-net-benefits      High-net-benefits
                                                  Primary estimate          estimate              estimate
----------------------------------------------------------------------------------------------------------------
                                                3% discount rate
----------------------------------------------------------------------------------------------------------------
Consumer Operating Cost Savings...............                 504.2                 436.2                 580.9
Climate Benefits *............................                 104.2                  92.6                 115.6
Health Benefits **............................                 188.9                 168.1                 209.3
                                               -----------------------------------------------------------------
    Total Benefits [dagger]...................                 797.3                 696.9                 905.9
                                               -----------------------------------------------------------------
    Consumer Incremental Equipment Costs......                 142.9                 110.0                 178.0
                                               -----------------------------------------------------------------
    Net Benefits..............................                 654.4                 587.0                 727.9
----------------------------------------------------------------------------------------------------------------
                                                7% discount rate
----------------------------------------------------------------------------------------------------------------
Consumer Operating Cost Savings...............                 482.3                 424.8                 546.8
Climate Benefits * (3% discount rate).........                 104.2                  92.6                 115.6
Health Benefits **............................                 168.7                 152.0                 185.0
    Total Benefits [dagger]...................                 755.2                 669.5                 847.5
                                               -----------------------------------------------------------------

[[Page 37127]]

 
    Consumer Incremental Equipment Costs......                 163.5                 129.2                 199.0
                                               -----------------------------------------------------------------
    Net Benefits..............................                 591.6                 540.3                 648.5
                                               -----------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Note: This table presents the costs and benefits associated with DPPP motors shipped in 2026-2055. These results
  include benefits to consumers which accrue after 2055 from the products shipped in 2026-2055. The Primary, Low
  Net Benefits, and High Net Benefits Estimates utilize projections of energy prices from the AEO2021 Reference
  case, Low Economic Growth case, and High Economic Growth case, respectively. In addition, incremental
  equipment costs reflect a medium decline rate in the Primary Estimate, a low decline rate in the Low Net
  Benefits Estimate, and a high decline rate in the High Net Benefits Estimate. The methods used to derive
  projected price trends are explained in sections IV.F.1 and IV.H.1of this document. Note that the Benefits and
  Costs may not sum to the Net Benefits due to rounding.
* Climate benefits are calculated using four different estimates of the global SC-GHG (see section IV.L of this
  document). For presentational purposes of this table, the climate benefits associated with the average SC-GHG
  at a 3 percent discount rate are shown, but the Department does not have a single central SC-GHG point
  estimate, and it emphasizes the importance and value of considering the benefits calculated using all four SC-
  GHG estimates. On March 16, 2022, the Fifth Circuit Court of Appeals (No. 22-30087) granted the federal
  government's emergency motion for stay pending appeal of the February 11, 2022, preliminary injunction issued
  in Louisiana v. Biden, No. 21-cv-1074-JDC-KK (W.D. La.). As a result of the Fifth Circuit's order, the
  preliminary injunction is no longer in effect, pending resolution of the federal government's appeal of that
  injunction or a further court order. Among other things, the preliminary injunction enjoined the defendants in
  that case from ``adopting, employing, treating as binding, or relying upon'' the interim estimates of the
  social cost of greenhouse gases--which were issued by the Interagency Working Group on the Social Cost of
  Greenhouse Gases on February 26, 2021--to monetize the benefits of reducing greenhouse gas emissions. In the
  absence of further intervening court orders, DOE will revert to its approach prior to the injunction and
  presents monetized benefits where appropriate and permissible under law.
** Health benefits are calculated using benefit-per-ton values for NOX and SO2. DOE is currently only monetizing
  (for SO2 and NOX) PM2.5 precursor health benefits and (for NOX) ozone precursor health benefits, but will
  continue to assess the ability to monetize other effects such as health benefits from reductions in direct
  PM2.5 emissions. The health benefits are presented at real discount rates of 3 and 7 percent. See section IV.L
  of this document for more details.
[dagger] Total benefits for both the 3-percent and 7-percent cases are presented using the average SC-GHG with 3-
  percent discount rate, but the Department does not have a single central SC-GHG point estimate.

    DOE's analysis of the national impacts of the proposed standards is 
described in sections IV.G.2, IV.K and IV.L of this document.

D. Conclusion

    DOE has tentatively concluded that the proposed standards represent 
the maximum improvement in energy efficiency that is technologically 
feasible and economically justified, and would result in the 
significant conservation of energy. Specifically, with regards to 
technological feasibility products achieving these standard levels are 
already commercially available for all equipment classes covered by 
this proposal. As for economic justification, DOE's analysis shows that 
the benefits of the proposed standard exceed, to a great extent, the 
burdens of the proposed standards.
    Using a 7-percent discount rate for consumer benefits and costs and 
health benefits from NO<INF>X</INF> and SO<INF>2</INF> reduction, and a 
3-percent discount rate case for climate benefits from reduced GHG 
emissions, the estimated cost of the proposed standards for DPPPM is 
$163.5 million per year in increased DPPPM costs, while the estimated 
annual benefits are $482.3 million in reduced equipment operating 
costs, $104.2 million in climate benefits, and $168.7 million in health 
benefits. The net benefit amounts to $591.6 million per year.
    The significance of energy savings offered by a new or amended 
energy conservation standard cannot be determined without knowledge of 
the specific circumstances surrounding a given rulemaking.\14\ For 
example, the United States rejoined the Paris Agreement on February 19, 
2021. As part of that agreement, the United States has committed to 
reducing GHG emissions in order to limit the rise in mean global 
temperature. As such, energy savings that reduce GHG emissions have 
taken on greater importance. Additionally, some covered products and 
equipment have most of their energy consumption occur during periods of 
peak energy demand. The impacts of these products on the energy 
infrastructure can be more pronounced than products with relatively 
constant demand. In evaluating the significance of energy savings, DOE 
considers differences in primary energy and FFC effects for different 
covered products and equipment when determining whether energy savings 
are significant. Primary energy and FFC effects include the energy 
consumed in electricity production (depending on load shape), in 
distribution and transmission, and in extracting, processing, and 
transporting primary fuels (i.e., coal, natural gas, petroleum fuels), 
and thus present a more complete picture of the impacts of energy 
conservation standards. Accordingly, DOE evaluates the significance of 
energy savings on a case-by-case basis.
---------------------------------------------------------------------------

    \14\ Procedures, Interpretations, and Policies for Consideration 
in New or Revised Energy Conservation Standards and Test Procedures 
for Consumer Products and Commercial/Industrial Equipment, 86 FR 
70892, 70901 (Dec. 13, 2021).
---------------------------------------------------------------------------

    As previously mentioned, the proposed standards would result in 
estimated national energy savings of 0.99 quad FFC, the equivalent of 
the electricity use of 9.6 million homes in one year. DOE has initially 
determined the energy savings from the proposed standard levels are 
``significant'' within the meaning of 42 U.S.C. 6295(o)(3)(B). Finally, 
DOE notes that a more detailed discussion of the basis for these 
tentative conclusions is contained in the remainder of this document 
and the accompanying TSD.
    DOE also considered more-stringent energy efficiency levels as 
potential standards, and is still considering them in this proposed 
rulemaking. However, DOE has tentatively concluded that the potential 
burdens of the more-stringent energy efficiency levels would outweigh 
the projected benefits.
    Based on consideration of the public comments DOE receives in 
response to

[[Page 37128]]

this document and related information collected and analyzed during the 
course of this proposed rulemaking effort, DOE may adopt energy 
efficiency levels presented in this document that are either higher or 
lower than the proposed standards, or some combination of level(s) that 
incorporate the proposed standards in part.

II. Introduction

    The following section briefly discusses the statutory authority 
underlying this proposed rule, as well as some of the relevant 
historical background related to the establishment of standards for 
DPPP motors.

A. Authority

    EPCA authorizes DOE to regulate the energy efficiency of a number 
of consumer products and certain industrial equipment. Title III, Part 
C of EPCA, added by Public Law 95-619, Title IV, section 441(a) (42 
U.S.C. 6311-6317, as codified), established the Energy Conservation 
Program for Certain Industrial Equipment, which sets forth a variety of 
provisions designed to improve energy efficiency. This equipment 
includes those electric motors that are DPPP motors, the subject of 
this document. (42 U.S.C. 6311(1)(A))
    The energy conservation program under EPCA consists essentially of 
four parts: (1) testing, (2) labeling, (3) the establishment of Federal 
energy conservation standards, and (4) certification and enforcement 
procedures. Relevant provisions of EPCA include definitions (42 U.S.C. 
6311), test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 
6315), energy conservation standards (42 U.S.C. 6313), and the 
authority to require information and reports from manufacturers (42 
U.S.C. 6316; 42 U.S.C. 6296).
    Federal energy efficiency requirements for covered equipment 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6316(a); 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 set forth under 
EPCA. (See 42 U.S.C. 6316(a) (applying the preemption waiver provisions 
of 42 U.S.C. 6297))
    Subject to certain criteria and conditions, DOE is required to 
develop test procedures to measure the energy efficiency, energy use, 
or estimated annual operating cost of each covered product. (42 U.S.C. 
6316(a); 42 U.S.C. 6295(o)(3)(A) and 42 U.S.C. 6295(r)) Manufacturers 
of covered equipment must use the Federal test procedures as the basis 
for: (1) certifying to DOE that their equipment complies with the 
applicable energy conservation standards adopted pursuant to EPCA (42 
U.S.C. 6316(a); 42 U.S.C. 6295(s)), and (2) making representations 
about the efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, 
DOE must use these test procedures to determine whether the equipment 
complies with relevant standards promulgated under EPCA. (42 U.S.C. 
6316(a); 42 U.S.C. 6295(s)) The DOE test procedures for DPPP motors 
appear at title 10 of the Code of Federal Regulations (``CFR'') part 
431, subpart Z.
    DOE must follow specific statutory criteria for prescribing new or 
amended standards for covered equipment, including those electric 
motors that are DPPP motors. Any new or amended standard for a covered 
product must be designed to achieve the maximum improvement in energy 
efficiency that the Secretary of Energy determines is technologically 
feasible and economically justified. (42 U.S.C. 6316(a); 42 U.S.C. 
6295(o)(2)(A) and 42 U.S.C. 6295(o)(3)(B)) Furthermore, DOE may not 
adopt any standard that would not result in the significant 
conservation of energy. (42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(3))
    Moreover, DOE may not prescribe a standard: (1) for certain 
equipment, including those electric motors that are DPPP motors, if no 
test procedure has been established for the equipment, or (2) if DOE 
determines by rule that the standard is not technologically feasible or 
economically justified. (42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(3)(A)-
(B)) In deciding whether a proposed standard is economically justified, 
DOE must determine whether the benefits of the standard exceed its 
burdens. (42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(2)(B)(i)) DOE must make 
this determination after receiving comments on the proposed standard, 
and by considering, to the greatest extent practicable, the following 
seven statutory factors:

    (1) The economic impact of the standard on manufacturers and 
consumers of the products subject to the standard;
    (2) The savings in operating costs throughout the estimated 
average life of the covered products in the type (or class) compared 
to any increase in the price, initial charges, or maintenance 
expenses for the covered products that are likely to result from the 
standard;
    (3) The total projected amount of energy (or as applicable, 
water) savings likely to result directly from the standard;
    (4) Any lessening of the utility or the performance of the 
covered products likely to result from the standard;
    (5) The impact of any lessening of competition, as determined in 
writing by the Attorney General, that is likely to result from the 
standard;
    (6) The need for national energy and water conservation; and
    (7) Other factors the Secretary of Energy (``Secretary'') 
considers relevant.

(42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII))
    Further, EPCA establishes a rebuttable presumption that a standard 
is economically justified if the Secretary finds that the additional 
cost to the consumer of purchasing an equipment complying with an 
energy conservation standard level will be less than three times the 
value of the energy savings during the first year that the consumer 
will receive as a result of the standard, as calculated under the 
applicable test procedure. (42 U.S.C. 6316(a); 42 U.S.C. 
6295(o)(2)(B)(iii))
    EPCA also contains what is known as an ``anti-backsliding'' 
provision, which prevents the Secretary from prescribing any amended 
standard that either increases the maximum allowable energy use or 
decreases the minimum required energy efficiency of covered equipment. 
(42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(1)) Also, the Secretary may not 
prescribe an amended or new standard if interested persons have 
established by a preponderance of the evidence that the standard is 
likely to result in the unavailability in the United States in any 
covered product type (or class) of performance characteristics 
(including reliability), features, sizes, capacities, and volumes that 
are substantially the same as those generally available in the United 
States. (42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(4))
    Additionally, EPCA specifies requirements when promulgating an 
energy conservation standard for covered equipment that has two or more 
subcategories. DOE must specify a different standard level for a type 
or class of equipment that has the same function or intended use, if 
DOE determines that equipment within such group: (A) consume a 
different kind of energy from that consumed by other covered equipment 
within such type (or class); or (B) have a capacity or other 
performance-related feature which other equipment within such type (or 
class) do not have and such feature justifies a higher or lower 
standard. (42 U.S.C. 6316(a); 42 U.S.C. 6295(q)(1)) In determining 
whether a performance-related feature justifies a different standard 
for a group of equipment, DOE must consider such factors as the utility 
to the consumer of the feature and other factors DOE deems appropriate. 
Id. Any rule prescribing such a standard must

[[Page 37129]]

include an explanation of the basis on which such higher or lower level 
was established. (42 U.S.C. 6316(a); 42 U.S.C. 6295(q)(2))

B. Background

1. Current Standards
    DPPP motors are electric motors, which are defined as machines that 
convert electrical power into rotational mechanical power. 10 CFR 
431.12. DOE has established test procedures, labeling requirements, and 
energy conservation standards for certain electric motors (10 CFR part 
431 subpart B), but those requirements do not apply to DPPP motors 
subject to the proposed energy conservation standards. DOE has 
separately established test procedure for DPPP motors in 10 CFR part 
431 subpart Z (``Subpart Z'').
    Currently, DPPP motors that would be subject to the proposed energy 
conservation standards are not subject to any Federal energy 
conservation standards or labeling requirements because they do not 
fall within any of the specific classes of electric motors that are 
currently regulated by DOE.\15\ However, DPPP motors are electric 
motors and, therefore, are and have been among the types of industrial 
equipment for which Congress has authorized DOE to establish applicable 
regulations under EPCA without need for DOE to undertake any additional 
prior administrative action. (42 U.S.C. 6311(1)(A))
---------------------------------------------------------------------------

    \15\ The current energy conservation standards at 10 CFR 431.425 
apply to electric motors that satisfy nine criteria listed at 10 CFR 
431.425(g), subject to the exemptions listed at 10 CFR 431.25(l). 
The nine criteria are as follows: (1) are single-speed, induction 
motors; (2) are rated for continuous duty (MG1) operation or for 
duty type S1 (IEC); (3) contain a squirrel-cage (MG1) or cage (IEC) 
rotor; (4) operate on polyphase alternating current 60-hertz 
sinusoidal line power; (5) are rated 600 volts or less; (6) have a 
2-, 4-, 6-, or 8-pole configuration; (7) are built in a three digit 
or four-digit NEMA frame size (or IEC metric equivalent), including 
those designs between two consecutive NEMA frame sizes (or IEC 
metric equivalent), or an enclosed 56 NEMA frame size (or IEC metric 
equivalent); (8) produce at least one horsepower (0.746 kW) but not 
greater than 500 horsepower (373 kW), and; (9) meet all of the 
performance requirements of one of the following motor types: A NEMA 
Design A, B, or C motor or an IEC Design N or H motor. The 
exemptions listed at 10 CFR 431.25(l) are: (1) air-over electric 
motors; (2) component sets of an electric motor; (3) liquid-cooled 
electric motors; (4) submersible electric motors; and (5) inverter-
only electric motors.
---------------------------------------------------------------------------

2. History of Standards Rulemaking for DPPP Motors
    On January 18, 2017, DOE published a direct final rule establishing 
energy conservation standards for DPPPs. 82 FR 5650 (the ``January 2017 
Direct Final Rule'').\16\ Acknowledging comments received in response 
to the direct final rule in support of regulating DPPP motors that 
would serve as replacement motors to the regulated pool pumps, DOE 
published a notice of public meeting on July 3, 2017, and held a public 
meeting on August 10, 2017, to consider potential scope, definitions, 
equipment characteristics, and metrics for pool pump motors. 82 FR 
30845. DOE also requested comment on potential requirements for DPPP 
motors in a request for information (``RFI'') pertaining to test 
procedures for small electric motors and electric motors. 82 FR 35468 
(July 31, 2017). On August 14, 2018, DOE received a petition submitted 
by a variety of entities (collectively, the ``Joint Petitioners'') \17\ 
requesting that DOE issue a direct final rule to establish prescriptive 
standards and a labeling requirement for DPPP motors (``Joint 
Petition'').\18\ The Joint Petitioners sought a compliance date of July 
19, 2021, to align with the standards compliance date for DPPPs. (Id.) 
See also 82 FR 24218 (May 26, 2017). DOE published a notice of the 
Joint Petition and sought comment on whether to proceed with the 
proposal, as well as any data or information that could be used in 
DOE's determination of whether to issue a direct final rule. 83 FR 
45851 (Sept. 11, 2018).\19\
---------------------------------------------------------------------------

    \16\ DOE confirmed the adoption of the standards and the 
effective date and compliance date in a notice published on May 26, 
2017. 82 FR 24218. DOE also established a test procedure for DPPPs. 
82 FR 36858 (August 7, 2017).
    \17\ The Joint Petitioners are: The Association of Pool & Spa 
Professionals, Alliance to Save Energy, American Council for an 
Energy-Efficient Economy, Appliance Standards Awareness Project, 
Arizona Public Service, California Energy Commission, California 
Investor Owned Utilities, Consumer Federation of America, Florida 
Consumer Action Network, Hayward Industries, National Electrical 
Manufacturers Association, Natural Resources Defense Council, Nidec 
Motor Corporation, Northwest Power and Conservation Council, Pentair 
Water Pool and Spa, Regal Beloit Corporation, Speck Pumps, Texas 
ROSE (Ratepayers' Organization to Save Energy), Waterway Plastics, 
WEG Commercial Motors, and Zodiac Pool Systems.
    \18\ The Joint Petition is available at <a href="http://www.regulations.gov/document?D=EERE-2017-BT-STD-0048-0014">www.regulations.gov/document?D=EERE-2017-BT-STD-0048-0014</a>.
    \19\ Docket No. EERE-2017-BT-STD-0048, available at: 
<a href="http://www.regulations.gov/docket">www.regulations.gov/docket</a>?D=EERE-2017-BT-STD-0048.
---------------------------------------------------------------------------

    On December 12, 2018, representatives from APSP, NEMA, Nidec 
Motors, Regal Beloit, and Zodiac met with DOE to reiterate the need for 
implementation of the Joint Petition. (December 2018 Ex Parte Meeting, 
No. 42 at p. 1) \20\ On February 5, 2019, the Association of Pool & Spa 
Professionals (``APSP''), National Electrical Manufacturers Association 
(``NEMA''), Hayward, Pentair, Nidec Motors, Regal Beloit, WEG 
Commercial Motors, and Zodiac Pool Systems met with DOE to present an 
alternative approach to the Joint Petition, suggesting DOE propose a 
labeling requirement for DPPP motors. (February 2019 Ex Parte Meeting, 
No. 43 at p. 1) \21\ These interested parties specifically requested 
that DOE base the labeling requirement on a newly-available industry 
standard for pool pump motors published on July 1, 2019 (UL 1004-
10:2019, ``Pool Pump Motors''), a design standard that incorporates 
some of the proposals contained in the Joint Petition. (February 2019 
Ex Parte Slides, No. 43 at pp. 9-10) A follow-up memorandum was 
submitted to DOE on March 1, 2019, providing additional information 
related to UL 1004-10:2019. (March 2019 Ex Parte Memo, No. 44) The 
interested parties noted the timelines and costs that would be involved 
in applying a label to the affected pool pump motors and the impacts 
flowing from past labeling efforts. (See generally id. at 1-3.)
---------------------------------------------------------------------------

    \20\ With respect to each of the ex parte communications noted 
in this document, DOE posted a memorandum submitted by the 
interested party/parties that summarized the issues discussed in the 
relevant meeting as well as its date and attendees, in compliance 
with DOE's Guidance on Ex Parte Communications. 74 FR 52795-52796 
(Oct. 14, 2009). The memorandum of the meeting as well as any 
documents given to DOE employees during the meeting were added to 
the docket as specified in that guidance. See Id. at 74 FR 52796.
    \21\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to develop the 
test procedure and labeling requirements for DPPP motors. (Docket 
No. EERE-2017-BT-STD-0008, which is maintained at 
<a href="http://www.regulations.gov/#!docketDetail">www.regulations.gov/#!docketDetail</a>;D=EERE-2017-BT-STD-0008). The 
references are arranged as follows: (commenter, comment docket ID 
number, page of that document).
---------------------------------------------------------------------------

    On October 5, 2020, in response to the Joint Petition and the 
alternative recommendation presented by several of the Joint 
Petitioners following submission of the Joint Petition, DOE published a 
NOPR proposing to establish a test procedure and an accompanying 
labeling requirement for DPPP motors. 85 FR 62816 (``October 2020 
NOPR''). Specifically, DOE proposed to incorporate by reference UL 
Standard 1004-10:2019 ``Outline of Investigation for Pool Pump Motors'' 
(``UL 1004-10:2019'') pertaining to DPPP definitions and marking 
requirements; require the use of CSA C747-09 (R2014), ``Energy 
Efficiency Test Methods for Small Motors'' (``CSA C747-09'') for 
testing the energy efficiency of DPPP motors; require the nameplate of 
a subject DPPP motor (1) to include the full-load efficiency of the 
motor as determined under the proposed test procedure, and (2) if the 
DPPP motor is certified to UL-1004-10:2019, to include the statement, 
``Certified to UL 1004-10:2019''; require

[[Page 37130]]

that catalogs and marketing materials include the full-load efficiency 
of the motor; require manufacturers to notify DOE of the subject DPPP 
motor models in current production (according to the manufacturer's 
model number) and whether the motor model is certified to UL 1004-
10:2019; and require manufacturers to report to DOE the full-load 
efficiency of the subject DPPP motor models as determined pursuant to 
the proposed test procedure. 85 FR 62816, 62820. Additionally, if a 
DPPP motor model is certified to UL 1004-10:2019, DOE proposed to 
require manufacturers to report the total horsepower (``THP'') and 
speed configuration of the motor model as provided on the nameplate 
pursuant to the UL certification. Id.
    On July 29, 2021, DOE published a final rule adopting a test 
procedure for DPPP motors. 86 FR 40765. (``July 2021 Final Rule''). 
Specifically, the test procedure requires to use CSA C747-09 (R2014), 
``Energy Efficiency Test Methods for Small Motors'' (``CSA C747-09'') 
for testing the full-load efficiency of DPPP motors and incorporates by 
reference UL 1004-10:2020 ``Standard for Pool Pump Motors'' (``UL 1004-
10:2020'') pertaining to definitions and scope. The new test procedure 
is currently located in 10 CFR part 431, subpart Z (``Subpart Z''). 86 
FR 40765, 40768. DOE did not establish a labeling requirement and 
stated that it intends to address any such labeling and/or energy 
conservation standards requirement in a separate notification. Id.

C. Deviation From Appendix A

    In accordance with section 3(a) of 10 CFR part 430, subpart C, 
appendix A (``appendix A''), applicable to covered equipment under 10 
CFR 431.4, DOE notes that it is deviating from the provision in 
appendix A regarding the process for proposing new or amended energy 
conservation standards. Section 6(a)(1) of appendix A states that as 
the first step in any proceeding to consider establishing any energy 
conservation standard, DOE will consider initiating a rulemaking 
proceeding. Section 6(a)(2) of appendix A states that if the Department 
determines it is appropriate to proceed with a rulemaking, the 
preliminary stages of a rulemaking to issue an energy conservation 
standard that DOE will undertake will be a framework document and 
preliminary analysis, or an advance notice of proposed rulemaking 
(``ANOPR''). DOE is opting to deviate from both provisions by a 
publishing a NOPR without first publishing a document announcing that 
DOE is considering initiating a rulemaking proceeding, a framework 
document and preliminary analysis or an ANOPR. DOE believes that given 
the stakeholder involvement and information received to date regarding 
DPPP motors and potential standards for such equipment, there has been 
already been significant stakeholder engagement on this topic 
including: (1) the RFI on July 31, 2017, which include issues for 
comment relating to dedicated purpose pool pump motors (82 FR 35468); 
(2) the Joint Petition requesting a direct final rule to establish 
standards and a labeling requirement for DPPPMs, on which DOE requested 
comment along with any data or information that could be used in DOE's 
determination of whether to issue a direct final rule (83 FR 45851); 
(3) stakeholders engagement from substantive ex parte communications 
with DOE; and (4) the analysis conducted in support of the energy 
conservation standards for DPPPs, included analyses of DPPP motors 
comparable to the analyses conducted in support of this NOPR (See 82 FR 
5650).
    Section 6(f)(2) of appendix A states that the length of the public 
comment period for NOPR rulemaking documents will vary depending upon 
the circumstances of the particular rulemaking, but will not be less 
than 75 calendar days. DOE is opting to deviate from this provision in 
providing a 60-day comment period. DOE has tentatively that a 60-day 
comment period should be sufficient for stakeholders to evaluate the 
proposal presented in this NOPR and provide comment given the extensive 
stakeholder involvement to date and the prior opportunities to comment.

III. General Discussion

A. Scope of Coverage and Equipment Classes

    This document covers equipment meeting the definition of DPPP motor 
as defined in 10 CFR 431.483 and the scope specified in 10 CFR 
431.481(b). Specifically, the scope covers DPPP motors with a total THP 
of less than or equal to 5, but does not apply to: (i) DPPP motors that 
are polyphase motors capable of operating without a drive and 
distributed in commerce without a drive that converts single-phase 
power to polyphase power; (ii) waterfall pump motors; (iii) rigid 
electric spa pump motors, (iv) storable electric spa pump motors; (v) 
integral cartridge-filter pool pump motors, and (vi) integral sand-
filter pool pump motors.\22\
---------------------------------------------------------------------------

    \22\ These terms are defined in UL 1004-10:2020, which is 
incorporated by reference in DOE's test procedure in Subpart Z of 10 
CFR part 431. In this NOPR, DOE is proposing to reference the latest 
version of the UL standard, UL 1004-10:2022; see discussion in 
section III.A.1.
---------------------------------------------------------------------------

    When evaluating and establishing energy conservation standards, DOE 
divides covered equipment into equipment classes by the type of energy 
used or by capacity or other performance-related features that justify 
differing standards. In making a determination whether a performance-
related feature justifies a different standard, DOE must consider such 
factors as the utility of the feature to the consumer and other factors 
DOE determines are appropriate. (42 U.S.C. 6316(a); 42 U.S.C. 6295(q))
    DOE is proposing to establish equipment classes for DPPP motors 
based on THP. DOE is proposing an extra-small-size equipment 
corresponding to motors with a THP less than 0.5 hp, a small-size 
equipment class corresponding to motors with a total horsepower rating 
greater than or equal to 0.5 hp but less than 1.15 hp, and a standard-
size equipment class corresponding to motor with a THP greater than or 
equal to 1.15 hp and less than or equal to 5 hp. Table III.1 provides a 
summary of the proposed equipment classes. See section IV.A.3 for 
further details on the reasoning why DOE determined these equipment 
classes are appropriate and justify having separate standards.

         Table III.1--Proposed Equipment Classes for DPPP Motors
------------------------------------------------------------------------
                                               Motor total  horsepower
              Equipment class                           (Hp)
------------------------------------------------------------------------
Extra-small-size..........................  THP < 0.5
Small-size................................  0.5 <= THP < 1.15
Standard-size.............................  1.15 <= THP <= 5
------------------------------------------------------------------------

B. Test Procedure

    EPCA sets forth generally applicable criteria and procedures for 
DOE's adoption and amendment of test procedures. (42 U.S.C. 6314(a)) 
Manufacturers of covered products must use these test procedures to 
certify to DOE that their product complies with energy conservation 
standards and to quantify the efficiency of their product.
    As stated, DOE established subpart Z which specifies that the test 
procedure applies to DPPP motors with a THP of less than or equal to 5, 
but does not apply to: (i) DPPP motors that are polyphase motors 
capable of operating without a drive and distributed in commerce 
without a drive that converts single-phase power to polyphase power; 
(ii) waterfall pump motors; (iii) rigid electric spa pump motors, (iv) 
storable

[[Page 37131]]

electric spa pump motors; (v) integral cartridge-filter pool pump 
motors, and (vi) integral sand-filter pool pump motors). Further, 
Subpart Z incorporates by reference CSA C747-09 as the energy 
efficiency test method for DPPP motors, with ``full-load efficiency'' 
as the metric.
    The test procedure references UL 1004-10:2020 ``Standard for Safety 
for Pool Pump Motors'' for the definitions, (10 CFR 431.483) and 
references CSA C747-09 as the energy efficiency test method for DPPP 
motors (10 CFR 431.484(b)). The test procedure establishes full-load 
efficiency as the metric for DPPP motors. 10 CFR 431.484(b). In this 
NOPR, DOE is proposing to reference the latest version of the UL 
standard, UL 1004-10:2022, which added a definition for the term 
``factory default setting''; see discussion in section III.A.1. As 
such, DOE is proposing product-specific enforcement requirements at 10 
CFR 429.134 that require DPPPMs be tested in accordance with UL 1004-
10:2022 to verify variable-speed capability and applicable freeze 
protection design requirements.

C. Technological Feasibility

1. General
    In each energy conservation standards rulemaking, DOE conducts a 
screening analysis based on information gathered on all current 
technology options and prototype designs that could improve the 
efficiency of the products or equipment that are the subject of the 
rulemaking. As the first step in such an analysis, DOE develops a list 
of technology options for consideration in consultation with 
manufacturers, design engineers, and other interested parties. DOE then 
determines which of those means for improving efficiency are 
technologically feasible. DOE considers technologies incorporated in 
commercially-available products or in working prototypes to be 
technologically feasible. Sections 6(b)(3)(i) and 7(b)(1) of appendix A 
to 10 CFR part 430, subpart C (``Process Rule'').
    After DOE has determined that particular technology options are 
technologically feasible, it further evaluates each technology option 
in light of the following additional screening criteria: (1) 
practicability to manufacture, install, and service; (2) adverse 
impacts on product utility or availability; (3) adverse impacts on 
health or safety, and (4) unique-pathway proprietary technologies. 10 
CFR 431.4; Sections 6(b)(3)(ii)-(v) and 7(b)(2)-(5) of the Process 
Rule. Section IV.B of this document discusses the results of the 
screening analysis for DPPP motors, particularly the designs DOE 
considered, those it screened out, and those that are the basis for the 
standards considered in this proposed rulemaking. For further details 
on the screening analysis for this proposed rulemaking, see chapter 4 
of the NOPR technical support document (``TSD'').
2. Maximum Technologically Feasible Levels
    When DOE proposes to adopt an amended standard for a type or class 
of covered product, it must determine the maximum improvement in energy 
efficiency or maximum reduction in energy use that is technologically 
feasible for such product. (42 U.S.C. 6316(a); 42 U.S.C. 6295(p)(1)) 
Accordingly, in the engineering analysis, DOE determined the maximum 
technologically feasible (``max-tech'') improvements in energy 
efficiency for DPPP motors, using the design parameters for the most 
efficient products available on the market or in working prototypes. 
The max-tech levels that DOE determined for this proposed rulemaking 
are described in section IV.C.1.c of this proposed rule and in chapter 
5 of the NOPR TSD.

D. Energy Savings

1. Determination of Savings
    For each trial standard level (``TSL''), DOE projected energy 
savings from application of the TSL to DPPP motors purchased in the 30-
year period that begins in the first full year of compliance with the 
proposed standards (2026-2055).\23\ The savings are measured over the 
entire lifetime of DPPP motors purchased in the previous 30-year 
period. DOE quantified the energy savings attributable to each TSL as 
the difference in energy consumption between each standards case and 
the no-new-standards case. The no-new-standards case represents a 
projection of energy consumption that reflects how the market for a 
product would likely evolve in the absence of new energy conservation 
standards.
---------------------------------------------------------------------------

    \23\ Each TSL is composed of specific efficiency levels for each 
product class. The TSLs considered for this NOPR are described in 
section V.A. DOE conducted a sensitivity analysis that considers 
impacts for products shipped in a 9-year period.
---------------------------------------------------------------------------

    DOE used its national impact analysis (``NIA'') spreadsheet model 
to estimate national energy savings (``NES'') from potential amended or 
new standards for DPPP motors. The NIA spreadsheet model (described in 
section IV.H of this document) calculates energy savings in terms of 
site energy, which is the energy directly consumed by products at the 
locations where they are used. For electricity, DOE reports national 
energy savings in terms of primary energy savings, which is the savings 
in the energy that is used to generate and transmit the site 
electricity. DOE also calculates NES in terms of FFC energy savings. 
The FFC metric includes the energy consumed in extracting, processing, 
and transporting primary fuels (i.e., coal, natural gas, petroleum 
fuels), and thus presents a more complete picture of the impacts of 
energy conservation standards.\24\ DOE's approach is based on the 
calculation of an FFC multiplier for each of the energy types used by 
covered products or equipment. For more information on FFC energy 
savings, see section IV.H.2 of this document.
---------------------------------------------------------------------------

    \24\ The FFC metric is discussed in DOE's statement of policy 
and notice of policy amendment. 76 FR 51282 (Aug. 18, 2011), as 
amended at 77 FR 49701 (Aug. 17, 2012).
---------------------------------------------------------------------------

2. Significance of Savings
    To adopt any new or amended standards for a covered product, DOE 
must determine that such action would result in significant energy 
savings. (42 U.S.C. 6315(a); 42 U.S.C. 6295(o)(3)(B)) The significance 
of energy savings offered by a new or amended energy conservation 
standard cannot be determined without knowledge of the specific 
circumstances surrounding a given rulemaking.\25\ For example, the 
United States rejoined the Paris Agreement on February 19, 2021. As 
part of that agreement, the United States has committed to reducing 
greenhouse gas (``GHG'') emissions in order to limit the rise in mean 
global temperature.\26\ As such, energy savings that reduce GHG 
emission have taken on greater importance. Additionally, some covered 
products and equipment have most of their energy consumption occur 
during periods of peak energy demand. The impacts of these products on 
the energy infrastructure can be more pronounced than products with 
relatively constant demand. In evaluating the significance of energy 
savings, DOE considers differences in primary energy and full-fuel-
cycle (``FFC'') effects for different covered products and equipment 
when determining whether energy savings are significant. Primary energy 
and FFC effects include the energy consumed in electricity production 
(depending on load shape), in distribution and transmission, and in 
extracting, processing, and transporting primary fuels (i.e., coal, 
natural gas, petroleum fuels), and thus present a more complete

[[Page 37132]]

picture of the impacts of energy conservation standards.
---------------------------------------------------------------------------

    \25\ See 86 FR 70892, 70901 (Dec. 13, 2021).
    \26\ See Executive Order 14008, 86 FR 7619 (Feb. 1, 2021) 
(``Tackling the Climate Crisis at Home and Abroad'').
---------------------------------------------------------------------------

    Accordingly, DOE evaluates the significance of energy savings on a 
case-by-case basis, taking into account the significance of cumulative 
FFC national energy savings, the cumulative FFC emissions reductions, 
and the need to confront the global climate crisis, among other 
factors. DOE estimates a combined total of 0.99 quads of FFC energy 
savings at the proposed efficiency levels for DPPP motors. This 
represents 19.8 percent energy savings relative to the no-new-standards 
case energy consumption for DPPP motors. DOE has initially determined 
the energy savings for the trial standard levels considered in this 
proposal are ``significant'' within the meaning of 42 U.S.C. 
6295(o)(3)(B).

E. Economic Justification

1. Specific Criteria
    As noted previously, EPCA provides seven factors to be evaluated in 
determining whether a potential energy conservation standard is 
economically justified. (42 U.S.C. 6316(a); 42 U.S.C. 
6295(o)(2)(B)(i)(I)-(VII)) The following sections discuss how DOE has 
addressed each of those seven factors in this proposed rulemaking.
a. Economic Impact on Manufacturers and Consumers
    In determining the impacts of a potential amended standard on 
manufacturers, DOE conducts an MIA, as discussed in section IV.J of 
this document. DOE first uses an annual cash-flow approach to determine 
the quantitative impacts. This step includes both a short-term 
assessment--based on the cost and capital requirements during the 
period between when a regulation is issued and when entities must 
comply with the regulation--and a long-term assessment over a 30-year 
period. The industry-wide impacts analyzed include (1) INPV, which 
values the industry on the basis of expected future cash flows, (2) 
cash flows by year, (3) changes in revenue and income, and (4) other 
measures of impact, as appropriate. Second, DOE analyzes and reports 
the impacts on different types of manufacturers, including impacts on 
small manufacturers. Third, DOE considers the impact of standards on 
domestic manufacturer employment and manufacturing capacity, as well as 
the potential for standards to result in plant closures and loss of 
capital investment. Finally, DOE takes into account cumulative impacts 
of various DOE regulations and other regulatory requirements on 
manufacturers.
    For individual consumers, measures of economic impact include the 
changes in LCC and PBP associated with new or amended standards. These 
measures are discussed further in the following section. For consumers 
in the aggregate, DOE also calculates the national net present value of 
the consumer costs and benefits expected to result from particular 
standards. DOE also evaluates the impacts of potential standards on 
identifiable subgroups of consumers that may be affected 
disproportionately by a standard.
b. Savings in Operating Costs Compared To Increase in Price (LCC and 
PBP)
    EPCA requires DOE to consider the savings in operating costs 
throughout the estimated average life of the covered product in the 
type (or class) compared to any increase in the price of, or in the 
initial charges for, or maintenance expenses of, the covered product 
that are likely to result from a standard. (42 U.S.C. 6316(a); 42 
U.S.C. 6295(o)(2)(B)(i)(II)) DOE conducts this comparison in its LCC 
and PBP analysis.
    The LCC is the sum of the purchase price of a product (including 
its installation) and the operating expense (including energy, 
maintenance, and repair expenditures) discounted over the lifetime of 
the product. The LCC analysis requires a variety of inputs, such as 
product prices, product energy consumption, energy prices, maintenance 
and repair costs, product lifetime, and discount rates appropriate for 
consumers. To account for uncertainty and variability in specific 
inputs, such as product lifetime and discount rate, DOE uses a 
distribution of values, with probabilities attached to each value.
    The PBP is the estimated amount of time (in years) it takes 
consumers to recover the increased purchase cost (including 
installation) of a more-efficient product through lower operating 
costs. DOE calculates the PBP by dividing the change in purchase cost 
due to a more-stringent standard by the change in annual operating cost 
for the year that standards are assumed to take effect.
    For its LCC and PBP analysis, DOE assumes that consumers will 
purchase the covered products in the first full year of compliance with 
new or amended standards. The LCC savings for the considered efficiency 
levels are calculated relative to the case that reflects projected 
market trends in the absence of new or amended standards. DOE's LCC and 
PBP analysis is discussed in further detail in section IV.F of this 
document.
c. Energy Savings
    Although significant conservation of energy is a separate statutory 
requirement for adopting an energy conservation standard, EPCA requires 
DOE, in determining the economic justification of a standard, to 
consider the total projected energy savings that are expected to result 
directly from the standard. (42 U.S.C. 6316(a); 42 U.S.C. 
6295(o)(2)(B)(i)(III)) As discussed in section III.D, DOE uses the NIA 
spreadsheet models to project national energy savings.
d. Lessening of Utility or Performance of Products
    In establishing product classes and in evaluating design options 
and the impact of potential standard levels, DOE evaluates potential 
standards that would not lessen the utility or performance of the 
considered products. (42 U.S.C. 6316(a); 42 U.S.C. 
6295(o)(2)(B)(i)(IV)) Based on data available to DOE, the standards 
proposed in this document would not reduce the utility or performance 
of the products under consideration in this proposed rulemaking.
e. Impact of Any Lessening of Competition
    EPCA directs DOE to consider the impact of any lessening of 
competition, as determined in writing by the Attorney General, that is 
likely to result from a proposed standard. (42 U.S.C. 6316(a); 42 
U.S.C. 6295(o)(2)(B)(i)(V)) It also directs the Attorney General to 
determine the impact, if any, of any lessening of competition likely to 
result from a proposed standard and to transmit such determination to 
the Secretary within 60 days of the publication of a proposed rule, 
together with an analysis of the nature and extent of the impact. (42 
U.S.C. 6316(a); 42 U.S.C. 6295(o)(2)(B)(ii)) DOE will transmit a copy 
of this proposed rule to the Attorney General with a request that the 
Department of Justice (``DOJ'') provide its determination on this 
issue. DOE will publish and respond to the Attorney General's 
determination in the final rule. DOE invites comment from the public 
regarding the competitive impacts that are likely to result from this 
proposed rule. In addition, stakeholders may also provide comments 
separately to DOJ regarding these potential impacts. See the ADDRESSES 
section for information to send comments to DOJ.
f. Need for National Energy Conservation
    DOE also considers the need for national energy and water 
conservation

[[Page 37133]]

in determining whether a new or amended standard is economically 
justified. (42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(2)(B)(i)(VI)) The 
energy savings from the proposed standards are likely to provide 
improvements to the security and reliability of the Nation's energy 
system. Reductions in the demand for electricity also may result in 
reduced costs for maintaining the reliability of the Nation's 
electricity system. DOE conducts a utility impact analysis to estimate 
how standards may affect the Nation's needed power generation capacity, 
as discussed in section IV.M of this document.
    DOE maintains that environmental and public health benefits 
associated with the more efficient use of energy are important to take 
into account when considering the need for national energy 
conservation. The proposed standards are likely to result in 
environmental benefits in the form of reduced emissions of air 
pollutants and greenhouse gases (``GHGs'') associated with energy 
production and use. DOE conducts an emissions analysis to estimate how 
potential standards may affect these emissions, as discussed in section 
IV.KIV.K; the estimated emissions impacts are reported in section V.B.6 
of this document. DOE also estimates the economic value of emissions 
reductions resulting from the considered TSLs, as discussed in section 
IV.L of this document.
g. Other Factors
    In determining whether an energy conservation standard is 
economically justified, DOE may consider any other factors that the 
Secretary deems to be relevant. (42 U.S.C. 6316(a); 42 U.S.C. 
6295(o)(2)(B)(i)(VII)) To the extent DOE identifies any relevant 
information regarding economic justification that does not fit into the 
other categories described previously, DOE could consider such 
information under ``other factors.''
2. Rebuttable Presumption
    EPCA creates a rebuttable presumption that an energy conservation 
standard is economically justified if the additional cost to the 
equipment that meets the standard is less than three times the value of 
the first year's energy savings resulting from the standard, as 
calculated under the applicable DOE test procedure. (42 U.S.C. 6316(a); 
42 U.S.C. 6295(o)(2)(B)(iii)) DOE's LCC and PBP analyses generate 
values used to calculate the effects that proposed energy conservation 
standards would have on the payback period for consumers. These 
analyses include, but are not limited to, the 3-year payback period 
contemplated under the rebuttable-presumption test.
    In addition, DOE routinely conducts an economic analysis that 
considers the full range of impacts to consumers, manufacturers, the 
Nation, and the environment, as required under (42 U.S.C. 6316(a); 42 
U.S.C. 6295(o)(2)(B)(i)). The results of this analysis serve as the 
basis for DOE's evaluation of the economic justification for a 
potential standard level (thereby supporting or rebutting the results 
of any preliminary determination of economic justification). The 
rebuttable presumption payback calculation is discussed in section 
V.B.1.c of this proposed rule.

IV. Methodology and Discussion of Related Comments

    This section addresses the analyses DOE has performed for this 
proposed rulemaking with regard to DPPP motors. Separate subsections 
address each component of DOE's analyses.
    DOE used several analytical tools to estimate the impact of the 
standards proposed in this document. The first tool is a spreadsheet 
that calculates the LCC savings and PBP of potential amended or new 
energy conservation standards. The national impacts analysis uses a 
second spreadsheet set that provides shipments projections and 
calculates national energy savings and net present value of total 
consumer costs and savings expected to result from potential energy 
conservation standards. DOE uses the third spreadsheet tool, the 
Government Regulatory Impact Model (``GRIM''), to assess manufacturer 
impacts of potential standards. These three spreadsheet tools are 
available on the DOE website for this proposed rulemaking: 
<a href="http://www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=76">www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=76</a>. Additionally, DOE used output from the 
latest version of the Energy Information Administration's (``EIA's'') 
Annual Energy Outlook (``AEO''), a widely known energy projection for 
the United States, for the emissions and utility impact analyses.

A. Market and Technology Assessment

    DOE develops information in the market and technology assessment 
that provides an overall picture of the market for the products 
concerned, including the purpose of the products, the industry 
structure, manufacturers, market characteristics, and technologies used 
in the products. This activity includes both quantitative and 
qualitative assessments, based primarily on publicly-available 
information. The subjects addressed in the market and technology 
assessment for this proposed rulemaking include (1) a determination of 
the scope of the rulemaking and product classes, (2) manufacturers and 
industry structure, (3) existing efficiency programs, (4) shipments 
information, (5) market and industry trends; and (6) technologies or 
design options that could improve the energy efficiency of DPPP motors. 
The key findings of DOE's market assessment are summarized in the 
following sections. See chapter 3 of the NOPR TSD for further 
discussion of the market and technology assessment.
1. Scope of Coverage
    DPPP motors are a category of electric motor used in DPPP 
applications. In the July 2021 Final Rule, DOE incorporated by 
reference UL 1004-10:2020 and referenced the definitions published in 
that industry standard for DPPP motors. 10 CFR 431.483; 86 FR 40765, 
40768. Section 2.3 of UL 1004-10:2020 defines a DPPP motor as ``an 
electric motor that is single-phase or poly-phase and is designed and/
or marketed for use in dedicated purpose pool pump applications''. DOE 
defines dedicated-purpose pool pump as comprising ``self-priming pool 
filter pumps, non-self-priming pool filter pumps, waterfall pumps, 
pressure cleaner booster pumps, integral sand-filter pool pumps, 
integral-cartridge filter pool pumps, storable electric spa pumps, and 
rigid electric spa pumps.'' 10 CFR 431.462.
    With regards to scope, 10 CFR 431.481(b) specifies that the 
requirements in subpart Z apply to DPPP motors, as specified in 
paragraphs 1.2, 1.3 and 1.4 of UL 1004-10:2020. This scope covers DPPP 
motors with a total THP of less than or equal to 5, but does not apply 
to: (i) DPPP motors that are polyphase motors capable of operating 
without a drive and distributed in commerce without a drive that 
converts single-phase power to polyphase power; (ii) waterfall pump 
motors; (iii) rigid electric spa pump motors, (iv) storable electric 
spa pump motors; (v) integral cartridge-filter pool pump motors, and 
(vi) integral sand-filter pool pump motors. Section 1.3 and 1.4 of UL 
1004-10: 2020.
    Since the July 2021 Final Rule, UL 1004-10 has been updated to the 
ANSI approved March 24, 2022 version.\27\ In the 2022 version, DOE 
notes that the only update was the addition of a glossary term for 
``factory default setting'' in section 2.7A, which is defined as ``upon 
application of power

[[Page 37134]]

at initial installation, the program that the unit will run without 
outside interference or change by the user.'' DOE understands that this 
definition does not change the content and requirements of UL 1004-
10:2020, but only provides a clarification regarding factory default 
setting as it applies to the industry standard. As such, in this NOPR, 
DOE proposes to update the reference to the latest version of the 
industry standard, from UL 1004-10:2020 to UL 1004-10:2022, in sections 
10 CFR 431.481(b), 10 CFR 431.482(c)(1) and 10 CFR 431.483.
---------------------------------------------------------------------------

    \27\ <a href="https://standardscatalog.ul.com/ProductDetail.aspx?UniqueKey=42496">https://standardscatalog.ul.com/ProductDetail.aspx?UniqueKey=42496</a>.
---------------------------------------------------------------------------

    DOE seeks comment on updating the UL 1004-10 reference from the 
2020 version to the 2022 version.
    The scope of this DPPP motors energy conservation standards 
rulemaking covers motors for use in the following dedicated purpose 
pool pump applications only: (i) self-priming pool filter pumps; (ii) 
non-self-priming pool filter pumps; and (iii) pressure cleaner booster 
pumps. The scope of the pool pump application is consistent with the 
scope of pool pumps that currently have performance-based standards in 
10 CFR 431.465(f). Further, the DPPP motor energy conservation 
standards scope includes both single and polyphase motors (but 
excluding polyphase motors capable of operating without a drive and 
distributed in commerce without a drive that converts single-phase 
power to polyphase power) with a total THP of less than or equal to 5.
2. Market Review
    To review the current market of DPPP motors incorporated in DPPPs, 
DOE relied on information from the DOE Compliance and Certification 
Database, the California Energy Commission (``CEC''), and the ENERGY 
STAR program.\28\ (``2021 DPPP Database''). These databases included 
the DPPP motor speed-control capabilities, motor THP, and the weighted-
efficiency factor (``WEF'') \29\ of the pump with which the motor was 
certified. The 2021 DPPP database did not contain information related 
to motor efficiency or topology. To supplement the market review, DOE 
also reviewed general motor catalog data from 2020 and created a 
database which contained information regarding motor speed-control, 
topology, THP, motor application, and full-load efficiency (``2020 
Motor Database''). To make the two databases more comparable, DOE 
filtered the 2020 Motor Database to analyze only motors used in DPPP 
applications. DOE notes that DPPPMs are electromechanically similar to 
general motors and use similar methods to improve the efficiency of a 
given motor, therefore DOE tentatively concludes that efficiencies of 
the 2020 Motor Database can be expected to mirror the DPPPM market. See 
section IV.A.4 for further discussion on the DPPP motor technology 
assessment.
---------------------------------------------------------------------------

    \28\ DOE Compliance Certification Management System. Compliance 
and Certification Database. Information for DPPP products. 
<a href="http://www.regulations.doe.gov/certification-data">www.regulations.doe.gov/certification-data</a> (last access July 29, 
2021); The California Modernized Appliance Efficiency Database 
System. Information for DPPP products. <a href="https://cacertappliances.energy.ca.gov/Pages/Search/AdvancedSearch.aspx">https://cacertappliances.energy.ca.gov/Pages/Search/AdvancedSearch.aspx</a> 
(last access July 29, 2021); Energy Star Program. Information for 
DPPP products. <a href="http://www.energystar.gov/productfinder/product/certified-pool-pumps/results">www.energystar.gov/productfinder/product/certified-pool-pumps/results</a> (last access July 29, 2021).
    \29\ DOE notes that while the DPPP energy conservation standards 
at 10 CFR 431.465(f) does not contain performance standards for the 
motors used in DPPPs, the DPPP performance metric of weighted energy 
factor (``WEF'') is directly affected by motor efficiency and the 
speed-control of the motor sold with the pump.
---------------------------------------------------------------------------

    First, DOE analyzed the distribution of motor THP and speed-control 
from the 2021 DPPP Database and compared this to what was observed in 
the January 2017 Direct Final Rule. DOE observed that the distribution 
of THP and speed-control has not changed significantly since 2017. 
Because the 2021 DPPP Database did not specifically have information 
related to motor efficiency or topology, DOE compared the motor 
efficiency data used for the January 2017 Direct Final Rule with 
efficiencies found in the 2020 Motor Database. In this review, DOE 
reviewed the range of efficiencies and average catalog efficiency for 
each available motor topology (capacitor-start induction-run 
[``CSIR''], capacitor-start capacitor-run [``CSCR''], permanent-split 
capacitor [``PSC''], etc.) at each THP. DOE found that the range of 
efficiencies and average catalog efficiency did not significantly 
change since 2017. DOE also reviewed the distribution of motor topology 
in the 2020 Motor Database and observed that it has not significantly 
changed since 2017. Accordingly, DOE has based its engineering analysis 
on the analysis conducted for the January 2017 Direct Final Rule (see 
section IV.C).
    Separately, DOE also notes that the standard for DPPPs at 10 CFR 
431.465(f) and the CEC performance and prescriptive standards for 
replacement DPPP motors, both having a compliance date starting July 
19, 2021, are expected to influence the overall DPPP motor market. 
Specifically, in the October 2020 NOPR, DOE specified that standard-
size self-priming pool filter pumps which are subject to the DOE DPPP 
energy conservation standards would likely require a variable-speed 
control motor. 85 FR 62816, 62824. Relatedly, the California standard 
for replacement DPPP motors requires all DPPPMs greater than or equal 
to 0.5 THP to be variable-speed. California Code of Federal 
Regulations, Title 20, Section 1605.3(g)(6)(B).
3. Equipment Classes
    When evaluating and establishing energy conservation standards, DOE 
divides covered equipment into equipment classes by the type of energy 
used, or by capacity or other performance-related features that justify 
a different standard. (42 U.S.C. 6316(a); 42 U.S.C. 6295(q)) In 
determining whether capacity or another performance-related feature 
justifies a different standard, DOE must consider such factors as the 
utility of the feature to the consumer and other factors DOE deems 
appropriate. (Id.)
    As discussed previously, DOE is limiting the scope of this energy 
conservation standard to motors used in self-priming pool filter pumps, 
non-self-priming pool filter pumps, and pressure cleaner booster pumps. 
The scope of the pool pump application is consistent with the scope of 
pool pumps that currently have performance-based standards in 10 CFR 
431.465(f). For this energy conservation standards, DOE is dividing the 
DPPP motors into equipment classes based on capacity. The capacity of a 
dedicated-purpose pool pump motor can be expressed in terms of motor 
total horsepower.
    Full load efficiency generally correlates with motor horsepower 
(e.g., a 3-horsepower motor is usually more efficient than a \1/4\-
horsepower motor). DOE found that motor efficiency varies with motor 
horsepower in the 2020 Motor Database. Additionally, motor horsepower 
dictates the maximum load that a motor can drive, which means that a 
motor's rated horsepower can influence and limit the end use 
applications where that motor can be used, which in this case is a 
dedicated purpose pool pump. Horsepower is a critical performance 
attribute of a DPPP motor, and since horsepower has a direct 
relationship with full load efficiency and consumer utility, DOE used 
this element as a criterion for distinguishing among equipment classes.
    The motor capacity breakpoints developed in this NOPR align with 
the pump capacity breakpoints recommended by the consensus working 
group established under the Appliance Standards and Rulemaking

[[Page 37135]]

Federal Advisory Committee (the ``ASRAC DPPP Working 
Group'').<SUP>30 31</SUP> 82 FR 5650, 5669. (Jan. 18, 2017). In the 
January 2017 Direct Final Rule, DOE finalized equipment classes for 
dedicated purpose pool pumps based on the DPPP Working Group 
recommendation to set the breakpoint between small-size and standard-
size self-priming pool filter pumps at 0.711 hydraulic horsepower 
(``hhp''). 82 FR 5650, 5669.
---------------------------------------------------------------------------

    \30\ In accordance with the Federal Advisory Committee Act and 
the Negotiated Rulemaking Act (5 U.S.C. App.; 5 U.S.C. 561-570).
    \31\ The dedicated-purpose pool pumps energy conservation 
standard rulemaking docket EERE-2015-BT-STD-0008 contains all 
notices, public comments, public meeting transcripts, and supporting 
documents pertaining to this rulemaking.
---------------------------------------------------------------------------

    In the Joint Petition for DPPP motors, the Joint Petitioners stated 
that the 0.711 hhp threshold in the DPPP standards for self-priming 
pool filter pumps aligns with a 1.15 THP motor threshold (1.15 THP is 
roughly equivalent to 0.711 hhp). Further, the Joint Petition stated 
that almost all motors used in non-self-priming pool filter pumps and 
pressure cleaner booster pumps have THPs less than 1.15 THP. (Joint 
Petition, No. 14 at p. 8). Finally, in the October 2020 NOPR, DOE 
described that DPPP motors with a total horsepower greater than or 
equal to 1.15 THP are primarily used in standard-size self-priming pool 
filter pumps (52 percent of DPPP motor applications), while pool pump 
motors below 1.15 THP are typically found in small-size self-priming 
pool filter pumps, non-self-priming pool filter pumps, and pressure 
cleaner booster pumps (which represent 48 percent of the DPPP motor 
applications).\32\ 85 FR 62816, 62824. Accordingly, because full load 
efficiency generally correlates with motor horsepower, and the distinct 
utility of DPPP motors less than 1.15 THP (almost all are used in non-
self-priming pool filter pumps and pressure cleaner booster pumps) is 
different than of DPPP motors equal to or greater than 1.15 THP 
(primarily used in standard-size self-priming pool filter pumps), DOE 
proposes to establish small-size and standard-size equipment classes 
based on a 1.15 THP threshold.
---------------------------------------------------------------------------

    \32\ Estimate of DPPP motors shipments by DPPP applications for 
2021. 85 FR 62816, 62824.
---------------------------------------------------------------------------

    In the January 2017 Direct Final Rule, DOE also considered an 
extra-small-size equipment class for non-self-priming pool filter pumps 
less than 0.13 hhp. 82 FR 5650, 5672. This equipment class was 
ultimately merged into the small-size equipment class after DOE 
selected the same efficiency level for both extra-small-size and small-
size non-self-priming pool filter pumps. Id. However, in the context of 
DPPP motors for this rulemaking, DOE notes that the non-self-priming 
pool filter DPPP motors with an hhp of less than 0.13 have different 
maximum efficiency potential than non-self-priming pool filter DPPP 
motors with an hhp of 0.13 or greater. Specifically, Table 5.6.3 in the 
TSD for the January 2017 Direct Final Rule (``January 2017 Direct Final 
Rule TSD'') \33\ did not consider either two-speed or variable speed 
motors for the extra-small-size DPPPP equipment class because both 
these types of motors provide inadequate flow to the pool pump. Because 
the distinct performance potential and utility of DPPP motors with an 
hhp less than 0.13, DOE proposes to include an extra-small-size 
equipment class for DPPP motors.
---------------------------------------------------------------------------

    \33\ The dedicated-purpose pool pumps energy conservation 
standard rulemaking TSD can be found in docket EERE-2015-BT-STD-
0008-0105 (<a href="http://www.regulations.gov/document/EERE-2015-BT-STD-0008-0105">www.regulations.gov/document/EERE-2015-BT-STD-0008-0105</a>).
---------------------------------------------------------------------------

    To develop the proposed motor total horsepower tier threshold for 
the extra-small-size equipment class, DOE considered the appropriate 
motor THP threshold that is applicable to the extra-small-size 
equipment class hydraulic horsepower threshold from the January 2017 
Direct Final Rule. Based on pump fundamentals, the power out of the 
drive of the motor (i.e., brake horsepower) is the hydraulic horsepower 
divided by the pump efficiency.\34\ Accordingly, DOE converted the hhp 
to thp by dividing the hydraulic horsepower threshold for the extra-
small-size equipment class (0.13 hhp limit from the January 2017 Direct 
Final Rule) by the hydraulic efficiency for the representative unit 
meeting the 0.13 hhp threshold (23 percent from Table 5.6.4 of the 
January 2017 Direct Final Rule TSD). This approximates to a 0.57 THP 
motor horsepower threshold.
---------------------------------------------------------------------------

    \34\ <a href="http://www.sciencedirect.com/topics/engineering/hydraulic-horsepower">www.sciencedirect.com/topics/engineering/hydraulic-horsepower</a>.
---------------------------------------------------------------------------

    As part of this proposed rulemaking, DOE collected confidential 
DPPP motor shipment data from manufacturers in 2018 through non-
disclosure agreements (``2018 confidential DPPP motor shipments''). In 
reviewing that data, DOE notes there were no DPPP motor shipments at 
0.57 THP; rather, the largest motor THP under 0.57 THP with any 
shipments was 0.5 THP. Accordingly, for this NOPR, DOE proposes to use 
the 0.5 THP threshold instead, and therefore proposes an extra-small-
size equipment class based on the 0.5 THP threshold.
    Table IV.1 provides the summary of the proposed equipment classes 
for DPPP motors.

         Table IV.1--Proposed Equipment Classes for DPPP Motors
------------------------------------------------------------------------
                                               Motor total  horsepower
              Equipment class                           (Hp)
------------------------------------------------------------------------
Extra-small-size..........................  THP < 0.5
Small-size................................  0.5 <= THP < 1.15
Standard-size.............................  1.15 <= THP <= 5
------------------------------------------------------------------------

    DOE seeks comments on the proposed equipment classes for DPPP 
motors based on motor THP thresholds.
    DOE seeks comment on the proposed equipment classes for DPPP motors 
based on motor THP thresholds.
4. Technology Assessment and Options
    The purpose of the technology assessment is to develop a 
preliminary list of technology options that could improve the 
efficiency of DPPP motors. The efficiency of a DPPP motor is dependent 
on motor topology, capacity, and operating speed. As previously 
discussed in section IV.A.2 of this document, DOE proposes to delineate 
equipment classes based on motor capacity (i.e., motor horsepower).
a. Motor Topology
    The DPPP motors covered in this proposed rulemaking include both 
alternating current (AC) (single and certain polyphase) induction 
motors and permanent magnet AC motors (also known as Electronically 
Commutated Motors [``ECMs'']).
    In the January 2017 Direct Final Rule, DOE noted that the majority 
of the pool filter pumps available on the market come equipped with 
single-phase induction motors, of which the majority are either CSCR or 
PSC motors. 82 FR 5650, 5676. Based on a review of the 2020 Motor 
Database, DOE concludes that a majority of DPPPMs are still CSCR or PSC 
motors. Specifically, single-speed DPPPMs are almost exclusively PSC or 
CSCR and variable-speed motors are primarily ECMs.
    AC induction motors have two core components: a stator and a rotor. 
The components work together to convert electrical energy into 
rotational mechanical energy. This is done by creating a rotating 
magnetic field in the stator, which induces a current flow in the 
rotor. This current flow creates an opposing magnetic field in the 
rotor, which creates rotational forces. Because of the orientation of 
these fields, the rotor field follows the stator field. The rotor is 
connected to a shaft that also rotates and provides the mechanical 
energy output.
    DOE identified six categories of AC induction motors: shaded-pole, 
split-phase, capacitor-start (CSIR and CSCR),

[[Page 37136]]

permanent-split capacitor (PSC), and polyphase. A shaded-pole motor is 
a single-phase induction motor provided with an auxiliary short-
circuited winding or windings displaced in magnetic position from the 
main winding. Shaded-pole motors are typically only used in low-torque 
applications with power requirements less than \1/10\ hp. A split-phase 
motor is a single-phase induction motor equipped with an auxiliary 
winding displaced in magnetic position from, and connected parallel to, 
the main winding. The term ``split-phase motor'' describes a motor to 
be used without impedance other than that offered by the motor windings 
themselves. A CSCR motor is a single-phase motor with different values 
of effective capacitance for the starting and running conditions. A PSC 
motor is another category of single-phase motor that has the same value 
of capacitance for both starting and running conditions. A polyphase 
motor is an electric motor that uses the phase changes of the 
electrical supply to induce a rotational magnetic field and thereby 
supply torque to the rotor.
    Single-phase AC induction motors are inherently less efficient than 
polyphase AC induction motors due to the fundamental differences in how 
the two categories of motors operate. Three-phase power in a polyphase 
motor naturally produces rotation, whereas a single-phase motor 
requires an auxiliary winding with current and voltage out of phase of 
the main winding to produce a net rotating magnetic field. The more 
efficient polyphase AC induction motors require the end user to have 
access to a three-phase power source. Residential power sources are 
typically single-phase.
    Motor topology within the single-phase AC induction motor category 
can also have an impact on motor efficiency. CSCR and PSC motors are 
typically more efficient than CSIR, split-phase, and shaded pole motors 
due to the presence of a run capacitor that remains connected while the 
motors are operating. In the notice of the Joint Petition, the 
recommendation included prohibiting CSIR or split phase motors for 
DPPPMs because (1) this would align with the DPPP standards; (2) this 
requirement would be consistent with certain state standards, and (3) 
these motors are very inefficient. (Joint Petition, No. 14 at p. 7)
    In the January 2017 Direct Final Rule, DOE also noted that the pool 
pump market included ECMs and that ECMs are typically used in variable-
speed pool filter pump applications. 82 FR 5650, 5676. Based on a 
review of the 2021 DPPP database, ECMs are becoming more prevalent 
because of the recent standards implemented by the CEC and the January 
2017 Direct Final Rule standards discussed in section IV.A.2 of this 
NOPR.
    ECMs are similar in construction to AC squirrel-cage induction 
motors, but feature a different rotor configuration. Instead of using 
conductive material in the rotor, permanent magnets are integrated into 
the rotor's laminations or fixed to the rotor's outer surface and do 
not need to be energized. The magnetic field established by the 
permanent magnets interacts with the field produced by windings in the 
stator to generate a torque. Because permanent magnet motors do not 
require current to be induced in rotor conductors, overall power 
consumption can be reduced compared to induction motors. Further, 
because permanent magnet motors operate at synchronous speed, they 
require a variable frequency drive to start rotation.
    ECMs can typically achieve higher motor efficiencies than AC 
induction motors with similar capacities. ECMs employ rare-earth metal 
based permanent magnets in the rotor design to establish a magnetic 
field, which avoids the energy consumption observed when energizing an 
electro-magnetic rotor for the operation of AC induction motors. 
Because of the removal of rotor energy losses, ECMs often have higher 
full-load efficiencies than their induction counterparts. ECMs require 
a variable speed drive to operate, which may introduce additional 
losses into the motor system. Even after considering the losses from 
the variable speed drive and control electronics, ECMs are the most 
efficient motor topology currently used in dedicated-purpose pool 
pumps.
b. Motor Speed
    Dedicated-purpose pool pumps are designed to circulate water in 
pool systems to facilitate pool cleaning in addition to water 
filtering, heating, and chlorination. Pool cleaning functions require a 
high flow rate, and subsequently a high motor speed, to provide the 
agitation necessary to stir up large debris so that the filtration 
system can effectively remove any contaminants. Heating functions 
typically require a moderate to high flow rate to ensure that heat is 
dissipated sufficiently and pool system components are not damaged by 
overheating. Water filtration is most effective at low motor speeds, as 
a low flow rate will ensure water bypassing the filter will be 
minimized.
    DPPP motors exist in several configurations with different speed 
capabilities. Single-speed motors can operate at one predefined speed, 
and therefore the associated dedicated-purpose pool pump can provide 
only a single flow rate in any given pool system. Single-speed motors 
are sized to provide the minimum flow rate necessary to facilitate 
effective pool cleaning, and therefore pool pump functions that operate 
most efficiently at lower flow rates are rendered less effective.
    Two-speed motors can operate at two distinct rotational speeds. 
Two-speed motors can be sized so that high flow functions like pool 
cleaning are effective at full speed operation and low flow tasks like 
filtration can be completed at low speed operation. Two-speed pumps can 
be operated by timers or other control systems to run at high speed for 
long enough to complete cleaning functions before switching to low 
speed operation for the duration of the cycle. The ability to operate 
at multiple speeds can provide energy savings when utilized correctly, 
i.e., pool cleaning at high speed and filtration at lower speeds. 
Multi-speed motors function similarly to two-speed motors, but provide 
additional flexibility to maximize the effectiveness of specific pool 
pump functions by allowing users to program pumps to run at more than 
two distinct speeds.
    Variable-speed motors can provide greater energy savings than two-
speed or multi-speed motors due to the ability to program these motors 
to operate at user-defined speed settings. Variable-speed motors used 
in DPPP applications are typically one of two configurations: an AC 
induction motor paired with a variable frequency drive or a permanent 
magnet motor with an integral drive. Permanent magnet variable-speed 
motors offer improved efficiency over AC induction motors due to the 
incorporation of a permanent magnet rotor design in place of the 
powered electro-magnetic rotor design used in AC induction motors. This 
improvement in efficiency is particularly evident at lower speed 
settings, where AC induction motor efficiency drops considerably from 
full speed efficiency.
    DOE seeks comment on the technologies considered for higher DPPP 
motor efficiency. DOE seeks comment on whether other motor topologies 
should be considered as applicable in pool pumps.

B. Screening Analysis

    DOE uses the following five screening criteria to determine which 
technology options are suitable for further

[[Page 37137]]

consideration in an energy conservation standards rulemaking:
    (1) Technological feasibility. Technologies that are not 
incorporated in commercial products or in working prototypes will not 
be considered further.
    (2) Practicability to manufacture, install, and service. If it is 
determined that mass production and reliable installation and servicing 
of a technology in commercial products could not be achieved on the 
scale necessary to serve the relevant market at the time of the 
projected compliance date of the standard, then that technology will 
not be considered further.
    (3) Impacts on product utility or product availability. If it is 
determined that a technology would have a significant adverse impact on 
the utility of the product for significant subgroups of consumers or 
would result in the unavailability of any covered product type with 
performance characteristics (including reliability), features, sizes, 
capacities, and volumes that are substantially the same as products 
generally available in the United States at the time, it will not be 
considered further.
    (4) Adverse impacts on health or safety. If it is determined that a 
technology would have significant adverse impacts on health or safety, 
it will not be considered further.
    (5) Unique-Pathway Proprietary Technologies. If a design option 
utilizes proprietary technology that represents a unique pathway to 
achieving a given efficiency level, that technology will not be 
considered further due to the potential for monopolistic concerns.

10 CFR part 430, subpart C, appendix A, sections 6(b)(3) and 7(b).
    In summary, if DOE determines that a technology, or a combination 
of technologies, fails to meet one or more of the listed five criteria, 
it will be excluded from further consideration in the engineering 
analysis.
    In the January 2017 Direct Final Rule, DOE considered ``improved 
motor efficiency'' as a screened in technology option for the pool pump 
analysis. 82 FR 5650, 5676. This screened-in technology option 
considered motor topology (induction and ECM motor) and speed 
applications (i.e., single-, dual- and variable speed). 82 FR 5650, 
5676. For this DPPP motor analysis, DOE relied on and aligned with the 
January 2017 Direct Final Rule analysis where possible. As discussed in 
sections IV.A.2 and IV.A.4 of this document, the motor technologies 
applicable to pool pump motors analyzed in the January 2017 Direct 
Final Rule remain relevant and applicable in the current DPPP motor 
market. Therefore, DOE has initially determined that the technology 
options previously considered continue to be technologically feasible 
because they are being used or have previously been used in 
commercially-available products or working prototypes. DOE also finds 
that the technology options continue to meet the other screening 
criteria (i.e., practicable to manufacture, install, and service and do 
not result in adverse impacts on consumer utility, product 
availability, health, or safety, unique-pathway proprietary 
technologies). For additional details, see chapter 4 of the NOPR TSD.

C. Engineering Analysis

    The purpose of the engineering analysis is to establish the 
relationship between the efficiency and cost of DPPP motors. There are 
two elements to consider in the engineering analysis; the selection of 
efficiency levels to analyze (i.e., the ``efficiency analysis'') and 
the determination of product cost at each efficiency level (i.e., the 
``cost analysis''). In determining the performance of higher-efficiency 
equipment, DOE considers technologies and design option combinations 
not eliminated by the screening analysis. For each equipment class, DOE 
estimates the baseline cost, as well as the incremental cost for the 
equipment at efficiency levels above the baseline. The output of the 
engineering analysis is a set of cost-efficiency ``curves'' that are 
used in downstream analyses (i.e., the LCC and PBP analyses and the 
NIA).
1. Efficiency Analysis
    DOE typically uses one of two approaches to develop energy 
efficiency levels for the engineering analysis: (1) relying on observed 
efficiency levels in the market (i.e., the efficiency-level approach), 
or (2) determining the incremental efficiency improvements associated 
with incorporating specific design options to a baseline model (i.e., 
the design-option approach). Using the efficiency-level approach, the 
efficiency levels established for the analysis are determined based on 
the market distribution of existing products (in other words, based on 
the range of efficiencies and efficiency level ``clusters'' that 
already exist on the market). Using the design option approach, the 
efficiency levels established for the analysis are determined through 
detailed engineering calculations and/or computer simulations of the 
efficiency improvements from implementing specific design options that 
have been identified in the technology assessment. DOE may also rely on 
a combination of these two approaches. For example, the efficiency-
level approach (based on actual products on the market) may be extended 
using the design option approach to ``gap fill'' levels (to bridge 
large gaps between other identified efficiency levels) and/or to 
extrapolate to the max-tech level (particularly in cases where the max-
tech level exceeds the maximum efficiency level currently available on 
the market).
    For this analysis, DOE relied on the conclusions from the 
``improved motor efficiency'' design option from the January 2017 
Direct Final Rule. As discussed in sections IV.A.2 and IV.A.4 of this 
document, the motor technologies applicable to pool pump motors 
analyzed in the January 2017 Direct Final Rule remain relevant and 
applicable in the current DPPP motor market. Therefore, in line with 
the January 2017 Direct Final Rule, DOE considered three tiers of motor 
efficiency (low, medium, and high efficiency) and design requirements 
specifically for two-speed, multi-speed motors and variable speed 
motors. This is a combination of the efficiency level and design level 
approach discussed previously. Section 5.6.2 of the January 2017 Direct 
Final Rule TSD discusses that DOE presented the designs and motor 
efficiency assumptions to the DPPP Working Group and subsequently 
refined them to incorporate feedback from the DPPP Working Group.
a. Representative Units
    DOE opted to use representative units for each equipment class, 
consistent with the January 2017 Direct Final Rule, for the engineering 
analysis. Representative units exemplify typical capacities in each 
equipment class and are used to quantify the manufacturing costs and 
the energy savings potential for each equipment class.
    Table IV.2 details the DPPP application and associated motor THP of 
each representative unit considered for the analysis. The DPPP 
application (pump type, size and hhp) is consistent with Table 5.4.1 of 
the January 2017 Direct Final Rule TSD, except that DOE did not merge 
the extra-small-size and standard-size non self-priming pumps into one 
class for this NOPR. As discussed in section IV.A.3 of this document, 
the extra-small-size non-self-priming pool filter DPPP motors have 
different maximum efficiency potential than small- or standard-size 
equipment classes and are therefore analyzed separately.
    The associated motor THP of the representative units are consistent 
with

[[Page 37138]]

the motor THPs provided in Table 5.7.1 of the January 2017 Direct Final 
Rule TSD, with three exceptions: (1) a DPPP motor associated with self-
priming filter pump application at 0.65 hhp (Representative unit 2A) 
was added to represent standard-size DPPP motors that are used in 
small-size self-priming DPPPs as DOE observed motors on the market of 
this size going into small-size self-priming pumps; (2) a DPPP motor 
associated with non-self priming filter pump at 0.87 hhp 
(Representative unit 6) was added to analyze standard-size DPPPMs used 
in non-self-priming filter pump applications to better represent THPs 
observed in the market; and (3) a DPPP motor of 1.125 thp instead of 
1.25 thp associated with pressure cleaner booster pump (Representative 
unit 7) was considered so as to keep this representative unit in the 
small-size equipment class (EC 2), and to better represent the THP 
range of motors in pressure cleaner booster pumps.\35\
---------------------------------------------------------------------------

    \35\ The Joint Petition noted that almost all motors used in 
pressure cleaner booster pumps have THPs less than 1.15 THP. (Joint 
Petition, No. 14 at p. 8).

        Table IV.2--Representative Units THP and DPPP Application
------------------------------------------------------------------------
    Rep. unit      Equipment class       THP        DPPP application *
------------------------------------------------------------------------
1...............  2 (Small)........         0.75  Self-priming Filter
                                                   Pump, Small-size
                                                   (0.44 hhp).
2...............  3 (Standard).....         1.65  Self-priming Filter
                                                   Pump, Standard-size
                                                   (0.95 hhp).
2A..............  3 (Standard).....         1.65  Self-priming Filter
                                                   Pump, Small-size
                                                   (0.65 hhp).
3...............  3 (Standard).....         3.45  Self-priming Filter
                                                   Pump, Standard-size
                                                   (1.88 hhp).
4...............  1 (Extra-small)..         0.22  Non Self-priming
                                                   Filter Pump, Extra-
                                                   Small (0.09 hhp).
5...............  2 (Small)........            1  Non Self-priming
                                                   Filter Pump, Standard-
                                                   size (0.52 hhp).
6...............  3 (Standard).....          1.5  Non Self-priming
                                                   Filter Pump, Standard-
                                                   size (0.87 hhp).
7...............  2 (Small)........        1.125  Pressure Cleaner
                                                   Booster Pump.
------------------------------------------------------------------------
* For self-priming pumps, the terms small and standard refer to the
  hydraulic horsepower. Small-size designates pool pump applications
  with hydraulic horsepower less than 0.711 hhp, while standard-size
  designates pool pump applications with hydraulic horsepower greater
  than or equal to 0.711 hhp. DOE distinguishes extra-small non self-
  priming filter pumps (less than 0.13 hhp) and standard-size non self-
  priming filter pumps (less than 2.5 hhp and greater than 0.13 hhp).

    DOE seeks comment on the proposed representative units and 
associated DPPP applications used for the engineering analysis.
b. Baseline Efficiency Levels
    For each equipment class, DOE generally selects a baseline model as 
a reference point for each class, and measures changes resulting from 
potential energy conservation standards against the baseline. The 
baseline model in each equipment class represents the characteristics 
of an equipment typical of that class (e.g., capacity, physical size). 
Generally, a baseline model is one that just meets current energy 
conservation standards, or, if no standards are in place, the baseline 
is typically the most common or least efficient unit on the market. 
Mirroring the January 2017 Direct Final Rule, this DPPP motor analysis 
also considered the least efficient single-speed DPPP motor on the 
market for each representative unit.
c. Higher Efficiency Levels
    As part of DOE's analysis, the maximum available efficiency level 
is the highest efficiency unit currently available on the market. DOE 
also defines a ``max-tech'' efficiency level to represent the maximum 
possible efficiency for a given product.
    Once the baseline was established, higher ELs were established by 
substituting with higher full-load efficiency DPPPMs and DPPPMs with 
finer levels of speed control, similar to the January 2017 Direct Final 
Rule. Table IV.3 details the full-load efficiency, or motor topologies 
and speed configurations of each EL for each representative unit. The 
full-load efficiencies and speed configurations being considered are 
consistent with Table 5.6.3 of the January 2017 Direct Final Rule TSD.
    As discussed in section IV.A.4.b of this document, DPPPM have 
different functions, including pool cleaning, water filtering, heating, 
freeze protection control and chlorination, that all require different 
flow rates and motor speeds. Therefore, the ability to operate at 
multiple speeds can provide energy savings when utilized correctly. As 
such, there are energy savings that come from controlling the speed of 
the motor with two-speed, multi-speed or variable-speed capabilities. 
Accordingly, DOE proposes to include design requirements of speed 
capability as part of the engineering analysis to capture these added 
energy savings.\36\ These design requirements are consistent with the 
motor speed design options considered in the January 2017 Direct Final 
Rule.
---------------------------------------------------------------------------

    \36\ Full-load efficiency does not capture the energy saving 
benefits of speed control.
---------------------------------------------------------------------------

    Further, as discussed in section IV.A.4.a of this NOPR, the 
efficiency of a DPPP motor is dependent on motor topology. CSCR and PSC 
motors are typically more efficient than CSIR, split-phase, and shaded 
pole motors due to the presence of a run capacitor that remains 
connected while the motors are operating. In the January 2017 Direct 
Final Rule, DOE noted that the majority of the pool filter pumps 
available on the market come equipped with CSCR or PSC motors. 82 FR 
5650, 5676. Accordingly, DOE proposes to include design requirements 
based on motor topology as part of the engineering analysis to capture 
these added energy savings.
    Table IV.3 presents the proposed performance and design 
requirements for the DPPPM efficiency levels. Efficiency levels 0 
through 2 is consistent with Table 5.6.3 of the January 2017 Direct 
Final Rule TSD and represents the low-efficiency, medium-efficiency and 
high-efficiency performance of single-speed DPPPMs. Efficiency levels 3 
through 6 incorporate certain design requirements based on motor speed 
capability and topology.\37\
---------------------------------------------------------------------------

    \37\ For the purposes of the analysis, however, DOE did consider 
the full-load efficiencies presented in Table 5.6.3 of the January 
2017 Direct Final Rule TSD for efficiency levels 3 through 6.
---------------------------------------------------------------------------

    DOE proposes that EL 3 requires motors that are two-speeds, multi-
speed or variable speed, but with no restrictions on motor topology. EL 
4 requires motors that are two-speeds or multi-speed, but does not 
allow for the low-efficiency motor topologies (split-phase, shaded-
pole, CSIR)--or--requires variable speed motors. EL 5 requires motors 
that are two-speeds or multi-speed, but does not allow for PSC motors 
in addition to the other low-efficiency motor topologies--or--requires 
variable speed motors. Finally,

[[Page 37139]]

EL 6 includes variable speed only, which provides the highest energy 
savings.
    As discussed in section IV.A.3 of this document, efficiency levels 
3-6 do not apply to representative unit 4 because two-speed, multi-
speed and variable speed motors provide inadequate flow to the pool 
pump for the extra-small-size DPPPP equipment class. Further, 
consistent with the January 2017 Direct Final Rule, DOE only considered 
one speed and variable speed motors for representative unit 7 (pressure 
cleaner booster pump application). 82 FR 5650, 5683. Specifically, the 
January 2017 Direct Final Rule noted that pressure cleaner booster 
pumps are only operated at one speed, however the pool pump WEF metric 
accounts for energy savings available from adjusting the pump speed to 
reach the minimum required test pressure, i.e., 60 feet, therefore 
allowing variable-speed motor applications. Id. Accordingly, for 
representative unit 7, efficiency levels 3 through 6 would require 
variable-speed motors only.

                                         Table IV.3--Proposed Performance and Design Requirements for DPPPM ELs
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Rep.    Motor                        EL0    EL1    EL2
     EC        unit     THP     DPPP application    (%)    (%)    (%)          EL3 *                EL4 *                EL5 *               EL6 *
--------------------------------------------------------------------------------------------------------------------------------------------------------
1...........       4    0.22  Non Self-priming        55     69     76
                               Filter Pump, Extra-
                               Small (0.09 hhp).
2...........       1    0.75  Self-priming Filter     55     69     76  Two-speed--OR--      Two-speed/Multi-     Two-speed/Multi-    Variable speed
2...........       5       1   Pump, Small-size       55     69     76   Multi-speed--OR--    speed, not CSIR,     speed, not CSIR,    only.
                               (0.44 hhp).                               Variable speed.      not shaded pole,     not shaded pole,
                              Non Self-priming                                                not split-phase;--   not split-phase,
                               Filter Pump, Small-                                            OR--Variable speed.  not PSC;--OR--
                               size (0.52 hhp).                                                                    Variable speed.
                                                                       ---------------------------------------------------------------------------------
2...........       7   1.125  Pressure Cleaner        55     69     76                                Variable speed only.
                               Booster Pump.
                                                                       ---------------------------------------------------------------------------------
3...........       6     1.5  Non Self-priming        55     69     77  Two-speed--OR--      Two-speed/Multi-     Two-speed/Multi-    Variable speed
3...........       2    1.65   Filter Pump (0.87      55     69     77   Multi-speed--OR--    speed, not CSIR,     speed, not CSIR,    only.
3...........      2A    1.65   hhp).                  55     69     77   Variable speed.      not shaded pole,     not shaded pole,
                              Self-priming Filter                                             not split-phase;--   not split-phase,
                               Pump, Standard-                                                OR--Variable speed.  not PSC;--OR--
                               size (0.95 hhp).                                                                    Variable speed.
                              Self-priming Filter
                               Pump, Small-size
                               (0.65 hhp).
3...........       3    3.45  Self-priming Filter     75     79     84
                               Pump, Standard-
                               size (1.88 hhp).
--------------------------------------------------------------------------------------------------------------------------------------------------------
* includes freeze protection control design requirements.

    To determine the motor input power for the energy use analysis in 
section IV.E, DOE also had to determine the hydraulic power of each 
pump. DOE calculated the relationships between flow rate of the pump 
and the total dynamic head required for each system curve. Once these 
relationships were established, the hydraulic power required for each 
curve was calculated using both the head and flow rate. See Section 
5.3.1.3 of the January 2017 Direct Final Rule TSD. Each efficiency 
level presented has an associated Energy Factor (in Gallons/Watt-hour) 
and Flow (in gallons per minute) used to determine efficiency of the 
pump system. This energy factor considers the performance of the motor 
and the energy savings that come from running the motor at a lower 
speed. For this analysis, all pump performance curves were kept 
consistent with Tables 5.8.1, 5.8.2, 5.8.3 and 5.8.4 of the January 
2017 Direct Final Rule TSD. For more information on how these curves 
were developed, see Section 5.8.2 of the January 2017 Direct Final Rule 
TSD.
    DOE seeks comment on the efficiency levels, including the 
associated full load efficiencies and design requirements evaluated in 
the engineering analysis.
2. Cost Analysis
    The cost analysis portion of the engineering analysis is conducted 
using one or a combination of cost approaches. The selection of cost 
approach depends on a suite of factors, including the availability and 
reliability of public information, characteristics of the regulated 
product, the availability and timeliness of purchasing DPPPMs on the 
market. The cost approaches are summarized as follows:
    <bullet> Physical teardowns: Under this approach, DOE physically 
dismantles a commercially available product, component-by-component, to 
develop a detailed bill of materials for the product.
    <bullet> Catalog teardowns: In lieu of physically deconstructing a 
product, DOE identifies each component using parts diagrams (available 
from manufacturer websites or appliance repair websites, for example) 
to develop the bill of materials for the product.
    <bullet> Price surveys: If neither a physical nor catalog teardown 
is feasible (for example, for tightly integrated products such as 
fluorescent lamps, which are infeasible to disassemble and for which 
parts diagrams are unavailable) or cost-prohibitive and otherwise 
impractical (e.g., large commercial boilers), DOE conducts price 
surveys using publicly available pricing data published on major online 
retailer websites and/or by soliciting prices from distributors and 
other commercial channels.
    In the present case, DOE conducted the cost analysis using 
historical price surveys and product teardowns. DOE used feedback from 
manufacturers presented in the January 2017 Direct Final Rule to 
determine the cost of DPPP motors. Specifically, Table 5.7.1 of the 
January 2017 Direct Final Rule TSD presents the manufacturer production 
cost (``MPC'') of DPPPMs used in the analysis. However, DOE notes this 
cost data was in terms of 2015$. For this evaluation, DOE updated the 
cost data to be representative of the market in 2020. DOE adjusted the 
2015$ costs to 2020$ using the historical Bureau of Labor Statistics 
Producer Price Index (``PPI'')

[[Page 37140]]

for each product's industry.\38\ Finally, DOE also conducted physical 
teardowns to determine updated DPPP motor controller costs for 
variable-speed motors. DOE did not consider any added costs for the 
freeze protection design requirements, as these requirements do not 
require any additional labor, material, or technology to produce a DPPP 
motor meeting these requirements, and a manufacturer is able to just 
disable the controls to meet the requirement. Further, the January 2017 
Direct Final Rule, which also adopted freeze protection controls as a 
prescriptive standards per the ASRAC DPPP Working Group, did not 
consider any added costs. 82 FR 5650, 5737.
---------------------------------------------------------------------------

    \38\ Series IDs: Integral motors (<=1 hp): WPU117304, Fractional 
motors (<1 hp): WPU117303, Environmental Controls: WPU1181; 
<a href="http://www.bls.gov/ppi/">www.bls.gov/ppi/</a>.
---------------------------------------------------------------------------

    To account for manufacturers' non-production costs and profit 
margin, DOE applies a non-production cost multiplier (the manufacturer 
markup) to the MPC. The resulting manufacturer selling price (``MSP'') 
is the price at which the manufacturer distributes a unit into 
commerce. DOE developed an average manufacturer markup of 1.37 by 
examining the annual Securities and Exchange Commission (SEC) 10-K 
reports filed by publicly-traded manufacturers primarily engaged in 
DPPP manufacturing and whose combined product range includes a variety 
of pool products. Table IV.4 lists the MSPs of each EL for DPPPMs. See 
TSD chapter 5 for additional detail on the engineering analysis and 
complete cost-efficiency results.

                                      Table IV.4--MSPs in 2020$ for DPPPMs
----------------------------------------------------------------------------------------------------------------
                 Rep.
      EC         unit     THP    DPPP application    EL0      EL1      EL2      EL3      EL4      EL5      EL6
----------------------------------------------------------------------------------------------------------------
1............        4     0.22  Non Self-priming      $25      $31      $51  .......  .......  .......  .......
                                  Filter Pump,
                                  Extra-Small
                                  (0.09 hhp).
2............        1     0.75  Self-priming           57       71       90      $93     $104     $115     $357
                                  Filter Pump,
                                  Small-size
                                  (0.44 hhp).
2............        5        1  Non Self-priming       52       57       77       79       94      111      357
                                  Filter Pump,
                                  Small-size
                                  (0.52 hhp).
2............        7    1.125  Pressure Cleaner       60       78       98  .......  .......  .......      357
                                  Booster Pump.
3............        6      1.5  Non Self-priming       68       90      108      109      128      149      357
                                  Filter Pump
                                  (0.87 hhp).
3............        2     1.65  Self-priming           75       96      115      116      135      155      357
                                  Filter Pump,
                                  Standard-size
                                  (0.95 hhp).
3............       2A     1.65  Self-priming           75       96      115      116      135      155      357
                                  Filter Pump,
                                  Small-size
                                  (0.65 hhp).
3............        3     3.45  Self-priming          161      201      224      256      271      287      480
                                  Filter Pump,
                                  Standard-size
                                  (1.88 hhp).
----------------------------------------------------------------------------------------------------------------

    DOE seeks comment on using a 1.37 manufacturer markup for the cost 
analysis.
    DOE seeks comment on the cost methodology and associated costs for 
each of efficiency levels evaluated in the engineering analysis, 
including any associated costs for the proposed freeze protection 
controls requirement.

D. Markups Analysis

    The markups analysis develops appropriate markups (e.g., retailer 
markups, distributor markups, contractor markups) in the distribution 
chain and sales taxes to convert the MSP estimates derived in the 
engineering analysis to consumer prices, which are then used in the LCC 
and PBP analysis and in the manufacturer impact analysis. At each step 
in the distribution channel, companies mark up the price of the product 
to cover business costs and profit margin.
    DOE identified distribution channels for DPPP motors incorporated 
in pumps (See Table IV.5) and replacement DPPP motors sold alone (See 
Table IV.6). To characterize these channels, DOE referred to 
information collected in support of the January 2017 Direct Final Rule, 
which reflects the consensus of the ASRAC DPPP Working Group.

 Table IV.5--Distribution Channels for DPPP Motors Incorporated in Pumps
------------------------------------------------------------------------
                                                            Fraction of
                  Distribution channel                    shipments  (%)
------------------------------------------------------------------------
                    Replacement for an Existing Pool
------------------------------------------------------------------------
DPPP Motor Manufacturer ><h-dar/uar><u-arrow><h-dar/                  75
 uar><h-dar/uar>< DPPP Manufacturer ><h-dar/uar><u-
 arrow><h-dar/uar><h-dar/uar>< Wholesaler ><h-dar/uar><u-
 arrow><h-dar/uar><h-dar/uar>< Pool Service Contractor
 ><h-dar/uar><u-arrow><h-dar/uar><h-dar/uar>< Consumer..
DPPP Motor Manufacturer ><h-dar/uar><u-arrow><h-dar/                  20
 uar><h-dar/uar>< DPPP Manufacturer ><h-dar/uar><u-
 arrow><h-dar/uar><h-dar/uar>< Pool Product Retailer ><h-
 dar/uar><u-arrow><h-dar/uar><h-dar/uar>< Consumer......
------------------------------------------------------------------------
                     New Installation for a New Pool
------------------------------------------------------------------------
DPPP Motor Manufacturer ><h-dar/uar><u-arrow><h-dar/                   5
 uar><h-dar/uar>< DPPP Manufacturer ><h-dar/uar><u-
 arrow><h-dar/uar><h-dar/uar>< Pool Builder ><h-dar/
 uar><u-arrow><h-dar/uar><h-dar/uar>< Consumer..........
------------------------------------------------------------------------


Table IV.6--Distribution Channels for Replacement DPPP Motors Sold Alone
------------------------------------------------------------------------
                                                            Fraction of
                  Distribution channel                      shipments %
------------------------------------------------------------------------
DPPP Motor Manufacturer ><h-dar/uar><u-arrow><h-dar/                  25
 uar><h-dar/uar>< Wholesaler ><h-dar/uar><u-arrow><h-dar/
 uar><h-dar/uar>< Contractor ><h-dar/uar><u-arrow><h-dar/
 uar><h-dar/uar>< End-User..............................
DPPP Motor Manufacturer ><h-dar/uar><u-arrow><h-dar/                  25
 uar><h-dar/uar>< Wholesaler ><h-dar/uar><u-arrow><h-dar/
 uar><h-dar/uar>< Retailer ><h-dar/uar><u-arrow><h-dar/
 uar><h-dar/uar>< End-User..............................
DPPP Motor Manufacturer ><h-dar/uar><u-arrow><h-dar/                  50
 uar><h-dar/uar>< Pool Pump Retailer ><h-dar/uar><u-
 arrow><h-dar/uar><h-dar/uar>< End-User.................
------------------------------------------------------------------------

    DOE developed baseline and incremental markups for each actor in 
the distribution chain. Baseline markups are applied to the price of 
equipment with baseline efficiency, while incremental markups are 
applied

[[Page 37141]]

to the difference in price between baseline and higher-efficiency 
models (the incremental cost increase). The incremental markup is 
typically less than the baseline markup and is designed to maintain 
similar per-unit operating profit before and after new or amended 
standards.\39\
---------------------------------------------------------------------------

    \39\ Because the projected price of standards-compliant products 
is typically higher than the price of baseline products, using the 
same markup for the incremental cost and the baseline cost would 
result in higher per-unit operating profit. While such an outcome is 
possible, DOE maintains that in markets that are reasonably 
competitive it is unlikely that standards would lead to a 
sustainable increase in profitability in the long run.
---------------------------------------------------------------------------

    To estimate average baseline and incremental markups DOE relied on 
several sources including: (1) for pool wholesalers, SEC form 10-K from 
Pool Corp; \40\ (2) for pool product retailers, SEC form 10-K from 
several major home improvement centers \41\ and U.S. Census Bureau 2017 
Annual Retail Trade Survey for the miscellaneous store retailers sector 
(NAICS 453),\42\ (3) for pool contractors and pool builders, U.S. 
Census Bureau 2017 Economic Census data for the plumbing, heating and 
air-conditioning contractor sector (NAICS 238220) and all other 
specialty trade contractors sector (NAICS 238990),\43\ (4) for motor 
wholesalers, U.S. Census Bureau 2017 Annual Wholesale Trade Survey for 
the household appliances and electrical and electronic goods merchant 
wholesaler sector (NAICS 4536),\44\ (5) for electrical contractor, 2020 
RSMeans Electrical Cost Data,\45\ (6) for motor retailers, U.S. Census 
Bureau 2017 Annual Retail Trade Survey for the building material and 
garden equipment and supplies dealers (NAICS 444), and (7) for pool 
pump retailers, U.S. Census Bureau 2017 Annual Retail Trade Survey for 
the miscellaneous store retailers sector (NAICS 453).
---------------------------------------------------------------------------

    \40\ U.S. Securities and Exchange Commission. SEC 10-K Reports 
for Pool Corp (2010-2017). Available at <a href="http://www.sec.gov/">www.sec.gov/</a> (Last accessed 
July 26, 2021.)
    \41\ U.S. Securities and Exchange Commission. SEC 10-K Reports 
for Home Depot, Lowe's, Wal-Mart and Costco. Available at 
<a href="http://www.sec.gov/">www.sec.gov/</a> (Last accessed July 26, 2021.)
    \42\ U.S. Census Bureau, 2017 Annual Retail Trade Survey, 
available at <a href="http://www.census.gov/retail/index.html">www.census.gov/retail/index.html</a> (last accessed July 
26, 2021).
    \43\ U.S. Census Bureau, 2017 Economic Census Data, available at 
<a href="http://www.census.gov/econ/">www.census.gov/econ/</a> (last accessed July 26, 2021).
    \44\ U.S. Census Bureau, 2017 Annual Wholesale Trade Survey, 
available at <a href="http://www.census.gov/awts">www.census.gov/awts</a> (last accessed July 26, 2021).
    \45\ RSMeans Electrical Cost Data, available at <a href="http://www.rsmeans.com">www.rsmeans.com</a> 
(last accessed July 26, 2021).
---------------------------------------------------------------------------

    In addition to the markups, DOE obtained state and local taxes from 
data provided by the Sales Tax Clearinghouse.\46\ These data represent 
weighted average taxes that include county and city rates. DOE derived 
shipment-weighted average tax values for each region considered in the 
analysis.
---------------------------------------------------------------------------

    \46\ Sales Tax Clearinghouse Inc., State Sales Tax Rates Along 
with Combined Average City and County Rates (2021), available at 
<a href="https://thestc.com/STrates.stm">https://thestc.com/STrates.stm</a> (last accessed Feb. 14, 2021).
---------------------------------------------------------------------------

    Chapter 6 of the NOPR TSD provides details on DOE's development of 
markups for DPPP motors.
    DOE seeks comment on the distribution channels identified for DPPP 
motors and fraction of sales that go through each of these channels.

E. Energy Use Analysis

    The purpose of the energy use analysis is to determine the annual 
energy consumption of DPPP motors at different efficiency levels in 
representative U.S. single-family homes, multi-family residences, and 
commercial buildings, and to assess the energy savings potential 
associated to each DPPP motor efficiency level. The energy use analysis 
estimates the range of energy use of DPPP motors in the field (i.e., as 
they are actually used by consumers). The energy use analysis provides 
the basis for other analyses DOE performed, particularly assessments of 
the potential energy savings and the savings in consumer operating 
costs that could result from adoption of new standards.
1. DPPP Motor Applications
    The annual energy consumption of a pool pump motor is expressed in 
terms of electricity consumption and depends on the DPPP motor 
efficiency level, pool pumping requirement, on the performance of the 
DPPP incorporating the motor, and on the DPPP annual operating hours. 
This electricity consumption is identical to the annual electricity 
consumption of the DPPP incorporating the motor. The pool pump motor 
energy consumption value is the sum of the energy consumption values in 
each mode of operation. Each mode of operation corresponds to a motor 
speed setting. Single-speed motors only have one mode of operation, 
while dual and variable-speed pool pump motors operate at a low- and 
high-speed mode. The unit energy consumption values in each mode are 
calculated based on the DPPP usage, which is calculated based on the 
pool pump system curve that the DPPP is operating on, the pump flow 
rate of the mode, the pump energy factor of the mode (which in turn 
determine the motor input power) \47\ and the annual run time of the 
pool pump spent in that mode. DOE calculated the pool pump annual run 
time based on the application (residential or commercial), the assumed 
pool size, the assumed number of turns per day, and the sample 
application's geographic location, which implies the corresponding pool 
seasons. A typical DPPP application, characterized by the DPPP 
equipment class and hydraulic horsepower (hhp), was associated to each 
representative unit in equipment classes 1, 2, and 3 based on inputs 
from the engineering analysis (See Table IV.2).
---------------------------------------------------------------------------

    \47\ The motor input power is equal to the DPPP flow (gallon per 
minute) divided by the DPPP Energy Factor (gallon per Wh) and 
multiplied by 60 (number of minutes in an hour).
---------------------------------------------------------------------------

2. DPPP Motor Consumer Sample
    DOE created individual consumer samples for five DPPP motor 
markets: (1) single-family homes with a swimming pool; (2) indoor 
swimming pools in commercial applications; (3) single-family community 
swimming pools; (4) multi-family community swimming pools; and (5) 
outdoor swimming pools in commercial applications. DOE used the samples 
to determine DPPP motor annual energy consumption as well as for 
conducting the LCC and PBP analyses.
    DOE used the Energy Information Administration's (EIA) 2015 
Residential Energy Consumption Survey (RECS 2015) to establish a sample 
of single-family homes that have a swimming pool.<SUP>48 49</SUP> For 
DPPPs used in indoor swimming pools in commercial applications, DOE 
developed a sample using the 2012 Commercial Building Energy 
Consumption Survey (CBECS 2012).\50\ RECS and CBECS include information 
such as the household or building owner demographics and the location 
of the household or building.
---------------------------------------------------------------------------

    \48\ U.S. Department of Energy--Energy Information 
Administration. 2009 RECS Survey Data. (Last accessed July 27, 
2016.) <a href="http://www.eia.gov/consumption/residential/data/2009/">www.eia.gov/consumption/residential/data/2009/</a>.
    \49\ U.S. Department of Energy--Energy Information 
Administration. 2015 RECS Survey Data. (Last accessed September 11, 
2018.) <a href="http://www.eia.gov/consumption/residential/data/2015/">www.eia.gov/consumption/residential/data/2015/</a>.
    \50\ U.S. Department of Energy--Energy Information 
Administration. 2012 CBECS Survey Data. (Last accessed: July 27, 
2016.) <a href="http://www.eia.gov/consumption/commercial/data/2012/index.cfm?view=microdata">www.eia.gov/consumption/commercial/data/2012/index.cfm?view=microdata</a>.
---------------------------------------------------------------------------

    Neither RECS nor CBECS provide data on community pools or outdoor 
swimming pools in commercial applications, so DOE created samples based 
on other available data. To develop samples for DPPPs in single or 
multi-family communities, DOE used a combination of RECS 2009,\51\ U.S. 
Census 2009 American Home Survey

[[Page 37142]]

Data (2009 AHS),\52\ and 2015 PK Data report.\53\ To develop a sample 
for pool pumps in outdoor commercial swimming pools, DOE used a 
combination of CBECS 2012 and 2015 PK Data report.
---------------------------------------------------------------------------

    \51\ The earlier version of RECS was used for consistency with 
the year of the AHS survey available with pool ownership 
information.
    \52\ U.S. Census Bureau. 2009 AHS survey data (Last accessed: 
September 13, 2021.) www.census.gov/programs-surveys/ahs/data/2009/
ahs-2009-public-use-file_puf-/2009-ahs-national-puf-microdata.html.
    \53\ PK Data. 2015 Swimming Pool and Pool Heater Customized 
Report for LBNL. (Last accessed: April 30, 2016.) <a href="http://www.pkdata.com/annual-reports.html/">www.pkdata.com/annual-reports.html/</a>.
---------------------------------------------------------------------------

    Table IV.7 shows the estimated shares of the five DPPP markets in 
the existing stock based on the afore-mentioned sources. The vast 
majority of DPPPs are used for residential single-family swimming 
pools.

        Table IV.7--Fraction of DPPP Motor Application by Market
------------------------------------------------------------------------
                                                             Fraction of
                                                                 DPPP
                        Description                          motor stock
                                                                  (%)
------------------------------------------------------------------------
Residential Single Family Swimming Pools...................         95.1
Community Pools (Single Family)............................          0.8
Community Pools (Multi Family).............................          0.4
Commercial Indoor Pools....................................          0.3
Commercial Outdoor Swimming Pools..........................          3.4
------------------------------------------------------------------------

    DPPPs can be installed with either above-ground or in-ground 
swimming pools. DOE established separate sets of consumer samples for 
in-ground pools and above-ground pools by adjusting the original sample 
weights using data on the number of installed in-ground and above-
ground pools gathered during the January 2017 Direct Final Rule, which 
relied on 2014 data per state provided by APSP.\54\ The consumer 
samples for DPPP motors used in self-priming and pressure cleaner 
booster pumps are drawn from the in-ground pool samples; the consumer 
samples for motors used with non-self-priming pool pumps are obtained 
from the above-ground pool samples.
---------------------------------------------------------------------------

    \54\ For more details see chapter 7 of the dedicated-purpose 
pool pumps January 2017 Direct Final Rule TSD, at 
<a href="http://www.regulations.gov/document?D=EERE-2015-BT-STD-0008-0105">www.regulations.gov/document?D=EERE-2015-BT-STD-0008-0105</a>.
---------------------------------------------------------------------------

    See chapter 7 of the NOPR TSD for more details about the creation 
of the consumer samples and the regional breakdowns.
    DOE seeks comment on the overall methodology to develop consumer 
samples and on the fraction of DPPP motor existing stock across the 
five following markets: (1) single-family homes with a swimming pool; 
(2) indoor swimming pools in commercial applications; (3) single-family 
community swimming pools; (4) multi-family community swimming pools; 
and (5) outdoor swimming pools in commercial applications.
3. Self-Priming and Non-Self-Priming Pool Pump Motor Input Power
    The input power of DPPP motors used in self-priming and non-self-
priming pump applications was calculated based on the flow rates 
(gallons per minute) and typical Energy Factor (gallons per watt hour) 
associated to each representative unit.\55\ At efficiency levels 
corresponding to single-speed and dual-speed motors, the flow and 
Energy Factor values were based on input from the engineering analysis 
(see section IV.C) and provided for each system curve (A, B or C).\56\ 
For each user of self-priming and non-self-priming pool pump in the 
consumer sample, DOE then specified the system curve used (A, B or C) 
by drawing from a probability distribution in which 35 percent of the 
pool pumps follow curve A, 10 percent of the pool pumps follow curve B, 
and the remaining 55 percent follow curve C. The probability 
distribution was based on inputs from the ASRAC DPPP Working Group 
gathered during the January 2017 Direct Final Rule.\57\
---------------------------------------------------------------------------

    \55\ The motor input power is equal to the flow (gallon per 
minute) divided by the Energy Factor (gallon per Wh) and multiplied 
by 60 (number of minutes in an hour).
    \56\ When a pump is tested on a system curve (such as curve C), 
any one of the measurements hydraulic power, P (hp), volumetric 
flow, Q (gpm) and total dynamic head, H (feet of water) can be used 
to calculate the other two measurements.
    \57\ For more details see chapter 7 of the dedicated-purpose 
pool pumps January 2017 Direct Final Rule TSD, at 
<a href="http://www.regulations.gov/document?D=EERE-2015-BT-STD-0008-0105">www.regulations.gov/document?D=EERE-2015-BT-STD-0008-0105</a>.
---------------------------------------------------------------------------

    At efficiency levels corresponding to variable-speed motors, the 
engineering analysis only provided flow and Energy Factor values for 
the high-speed mode on each system curve. For the low-speed mode, DOE 
used data on pool volume and desired time per turnover from the January 
2017 Direct Final Rule technical support document to calculate a 
consumer-specific low-speed flow.\58\ These relied on inputs from 
stakeholders and several other references.<SUP>59 60 61</SUP> DOE then 
used the equation provided by the engineering analysis to calculate the 
Energy Factor as a function of Q for each representative unit on each 
system curve.
---------------------------------------------------------------------------

    \58\ Flow (in gallon per minute) is equal to the pool volume 
(gallon) divided by the desired time per turnover (in minutes).
    \59\ CEE Residential Swimming Pool Initiative, December 2021.
    \60\ California Energy Commission Pool Heater CASE. (Last 
Accessed: July 28, 2016) <a href="https://efiling.energy.ca.gov/GetDocument.aspx?tn=71754&DocumentContentId=8285">https://efiling.energy.ca.gov/GetDocument.aspx?tn=71754&DocumentContentId=8285</a>.
    \61\ Evaluation of potential best management practices--Pools, 
Spas, and Fountains 2010. (Last Accessed: July 28, 2016) <a href="https://calwep.org/wp-content/uploads/2021/03/Pools-Spas-and-Fountains-PBMP-2010.pdf">https://calwep.org/wp-content/uploads/2021/03/Pools-Spas-and-Fountains-PBMP-2010.pdf</a>.
---------------------------------------------------------------------------

4. Pressure Cleaner Booster Pumps Motor Input Power
    The input power of DPPP motors used in pressure cleaner booster 
pumps was calculated using the relationship between input power and 
flow and the system curve provided by the engineering analysis (see 
section IV.C). To characterize operating flow for each consumer in the 
sample, DOE drew a value from a statistical distribution of flow 
established during the January 2017 Direct Final Rule. This 
distribution was developed around the test procedure test point of 10 
gpm of flow rate, as recommended by the ASRAC DPPP Working Group. 
(Docket EERE-2015-BT-STD-0008-0092 p. 311) For single-speed pressure 
cleaner booster pumps, DOE then calculated the input power using the 
power curve from the engineering analysis. For variable-speed motors 
used in pressure cleaner booster pumps, DOE also calculated the pool 
pump motor input power in a low-speed setting. Based on information 
from the January 2017 Direct Final Rule, DOE used a value of 10 gpm to 
characterize the low-speed flow and calculate the hydraulic horsepower 
using the system curve.\62\ Then, DOE calculated the input power using 
the relationship between input power and flow as provided by the 
engineering analysis (see section IV.C).
---------------------------------------------------------------------------

    \62\ For more details see chapter 7 of the dedicated-purpose 
pool pumps January 2017 Direct Final Rule TSD, at 
<a href="http://www.regulations.gov/document?D=EERE-2015-BT-STD-0008-0105">www.regulations.gov/document?D=EERE-2015-BT-STD-0008-0105</a>.
---------------------------------------------------------------------------

5. Daily Operating Hours
    DOE relied on information gathered during the January 2017 Direct 
Final Rule to develop estimates of pool pump daily operating hours. For 
self-priming and non-self-priming pool filter pumps in residential 
applications, operating hours are calculated uniquely for each consumer 
based on pool size, number of turnovers per day (itself based on 
ambient conditions), and the pump flow rate. In commercial 
applications, DOE assumed these pumps operate 24 hours per day. For 
pressure cleaner booster pumps, operating hours are drawn from a 
distribution which were based on the January 2017 Direct Final 
Rule.\63\ Table IV.8 summarizes the resulting daily

[[Page 37143]]

operating hours during the pool operating season.
---------------------------------------------------------------------------

    \63\ For more details see chapter 7 of the dedicated-purpose 
pool pumps direct final rule TSD, at /<a href="http://www.regulations.gov/document?D=EERE-2015-BT-STD-0008-0105">www.regulations.gov/document?D=EERE-2015-BT-STD-0008-0105</a>.

       Table IV.8--Weighted-Average Daily Operating Hours by Representative Unit and Pool Pump Application
----------------------------------------------------------------------------------------------------------------
                                                                                    Residential     Commercial
                                                                                     weighted        weighted
      Equipment class        Representative    THP      Pool pump application *    average daily   average daily
                                  unit                                               operating       operating
                                                                                     hours **        hours **
----------------------------------------------------------------------------------------------------------------
1.........................                4     0.22  Non Self-priming Filter                3.3  ..............
                                                       Pump, Extra-Small (0.09
                                                       hhp).
2.........................                1     0.75  Self-priming Filter Pump,              9.6  ..............
                                                       Small-size (0.44 hhp).
2.........................                5        1  Non Self-priming Filter                8.2  ..............
                                                       Pump, Small-size (0.52
                                                       hhp).
2.........................                7    1.125  Pressure Cleaner Booster               2.5             2.5
                                                       Pump.
3.........................                6      1.5  Non Self-priming Filter                8.2  ..............
                                                       Pump (0.87 hhp).
3.........................                2     1.65  Self-priming Filter Pump,             15.3  ..............
                                                       Standard-size (0.95 hhp).
3.........................               2A     1.65  Self-priming Filter Pump,              9.6  ..............
                                                       Small-size (0.65 hhp).
3.........................                3     3.45  Self-priming Filter Pump,             14.6            22.7
                                                       Standard-size (1.88 hhp).
----------------------------------------------------------------------------------------------------------------
* For self-priming pumps, the terms small and standard refer to the hydraulic horsepower. Small-size designates
  pool pump applications with hydraulic horsepower less than 0.711 hhp, while standard-size designates pool pump
  applications with hydraulic horsepower greater than or equal to 0.711 hhp.
** During the pool operating season.

6. Annual Days of Operation
    DOE calculated the annual unit energy consumption (UEC) by 
multiplying the daily operating hours by the annual days of operation, 
which depends on the number of months of pool operation. For each 
consumer sample, DOE assigned different annual days of operation 
depending on the region in which the DPPP is installed. Table IV.9 
provides the assumptions of pool pump operating season based on 
geographical locations. This assignment was based on information 
collected during the January 2017 Direct Final Rule. It is based on 
several sources: DOE's Energy Saver website assumptions \64\ and PK 
Data \65\ that include average pool season length (i.e., operating 
months) by state, along with discussion of the geographic distribution 
of pool operating days by the ASRAC DPPP Working Group. The ASRAC DPPP 
Working Group suggested that although some of the regions had warm 
weather, the pool pumps should still be operating all year long. (See 
Docket EERE-2015-BT-STD-0008-0094 pp. 191-193)
---------------------------------------------------------------------------

    \64\ DOE Energy Saver. (Last Accessed: April 26, 2016) <a href="https://energy.gov/energysaver/articles/heat-pump-swimming-pool-heaters">https://energy.gov/energysaver/articles/heat-pump-swimming-pool-heaters</a>.
    \65\ PK Data. 2015 Swimming Pool and Pool Heater Customized 
Report for LBNL. (Last accessed: April 16, 2016) <a href="http://www.pkdata.com/annual-reports.html/">www.pkdata.com/annual-reports.html/</a>.

     Table IV.9--Pool Pump Operating Season by Geographical Location
------------------------------------------------------------------------
                                            Avg. months      Pool use
 Location  (states or census divisions)     of pool use       months
------------------------------------------------------------------------
CT, ME, NH, RI, VT......................               4        5/1-8/31
MA......................................               4        5/1-8/31
NY......................................               4        5/1-8/31
NJ......................................               4        5/1-8/31
PA......................................               4        5/1-8/31
IL......................................               4        5/1-8/31
IN, OH..................................               4        5/1-8/31
MI......................................               4        5/1-8/31
WI......................................               4        6/1-9/30
IA, MN, ND, SD..........................               4        6/1-9/30
KS, NE..................................               4        6/1-9/30
MO......................................               4        6/1-9/30
VA......................................               7       4/1-10/31
DE, DC, MD..............................               5        5/1-9/30
GA......................................               7       4/1-10/31
NC, SC..................................               7       4/1-10/31
FL......................................              12       1/1-12/31
AL, KY, MS..............................              12       1/1-12/31
TN......................................              12       1/1-12/31
AR, LA, OK..............................              12       1/1-12/31
TX......................................              12       1/1-12/31
CO......................................               4        5/1-8/31
ID, MT, UT, WY..........................               4        5/1-8/31
AZ......................................              12       1/1-12/31
NV, NM..................................              12       1/1-12/31
CA......................................              12       1/1-12/31
OR, WA..................................               3        6/1-8/31
AK......................................               5        5/1-9/30
HI......................................              12       1/1-12/31
WV......................................               5        5/1-9/30

[[Page 37144]]

 
New England.............................               4        5/1-8/31
Middle Atlantic.........................               5        5/1-9/30
East North Central......................               5        5/1-9/30
West North Central......................               4        6/1-9/30
South Atlantic..........................              12       1/1-12/31
East South Central......................              12       1/1-12/31
West South Central......................              12       1/1-12/31
Mountain................................               4        5/1-8/31
Pacific.................................              12       1/1-12/31
------------------------------------------------------------------------

    Chapter 7 of the NOPR TSD provides details on DOE's energy use 
analysis for DPPP motors.
    DOE seeks comment on the overall methodology and inputs used to 
estimate DPPP motor energy use. Specifically, DOE seeks feedback on the 
average daily operating hours and annual days of operation used in the 
energy use analysis.

F. Life-Cycle Cost and Payback Period Analysis

    DOE conducted LCC and PBP analyses to evaluate the economic impacts 
on individual consumers of potential energy conservation standards for 
DPPP motors. The effect of new energy conservation standards on 
individual consumers usually involves a reduction in operating cost and 
an increase in purchase cost. DOE used the following two metrics to 
measure consumer impacts:
    <bullet> The LCC is the total consumer expense of an equipment over 
the life of that equipment, consisting of total installed cost 
(manufacturer selling price, distribution chain markups, sales tax, and 
installation costs) plus operating costs (expenses for energy use, 
maintenance, and repair). To compute the operating costs, DOE discounts 
future operating costs to the time of purchase and sums them over the 
lifetime of the product.
    <bullet> The PBP is the estimated amount of time (in years) it 
takes consumers to recover the increased purchase cost (including 
installation) of a more-efficient equipment through lower operating 
costs. DOE calculates the PBP by dividing the change in purchase cost 
at higher efficiency levels by the change in annual operating cost for 
the year that amended or new standards are assumed to take effect.
    For any given efficiency level, DOE measures the change in LCC 
relative to the LCC in the no-new-standards case, which reflects the 
estimated efficiency distribution of DPPP motors in the absence of new 
or amended energy conservation standards. In contrast, the PBP for a 
given efficiency level is measured relative to the baseline product.
    For each considered efficiency level in each equipment class, DOE 
calculated the LCC and PBP for a nationally representative set of 
consumers. As stated previously, DOE considered five DPPP motor 
markets: (1) single-family homes with a swimming pool; (2) indoor 
swimming pools in commercial applications; (3) single-family community 
swimming pools; (4) multi-family community swimming pools; and (5) 
outdoor swimming pools in commercial applications. As described in 
section IV.E.2, DOE developed consumer samples from various data 
sources including 2009 RECS, 2009 AHS, 2015 RECS and 2012 CBECS. For 
each consumer in the sample, DOE determined the energy consumption for 
the DPPP motor and the appropriate energy price. By developing a 
representative sample of consumers, the analysis captured the 
variability in energy consumption and energy prices associated with the 
use of DPPP motors.
    Inputs to the calculation of total installed cost include the cost 
of the product--which includes MSPs, retailer and distributor markups, 
and sales taxes--and installation costs. Inputs to the calculation of 
operating expenses include annual energy consumption, energy prices and 
price projections, repair and maintenance costs, product lifetimes, and 
discount rates. DOE created distributions of values for equipment 
lifetime, discount rates, and sales taxes, with probabilities attached 
to each value, to account for their uncertainty and variability.
    The computer model DOE uses to calculate the LCC and PBP relies on 
a Monte Carlo simulation to incorporate uncertainty and variability 
into the analysis. The Monte Carlo simulations randomly sample input 
values from the probability distributions and DPPP motor user samples. 
For this rulemaking, the Monte Carlo approach is implemented in MS 
Excel together with the Crystal Ball\TM\ add-on.\66\ The model 
calculated the LCC and PBP for equipment at each efficiency level for 
10,000 consumers per simulation run. The analytical results include a 
distribution of 10,000 data points showing the range of LCC savings for 
a given efficiency level relative to the no-new-standards case 
efficiency distribution. In performing an iteration of the Monte Carlo 
simulation for a given consumer, equipment efficiency is chosen based 
on its probability. If the chosen equipment efficiency is greater than 
or equal to the efficiency of the standard level under consideration, 
the LCC and PBP calculation reveals that a consumer is not impacted by 
the standard level. By accounting for consumers who already purchase 
more-efficient equipment, DOE avoids overstating the potential benefits 
from increasing equipment efficiency.
---------------------------------------------------------------------------

    \66\ Crystal Ball\TM\ is commercially-available software tool to 
facilitate the creation of these types of models by generating 
probability distributions and summarizing results within Excel, 
available at <a href="http://www.oracle.com/technetwork/middleware/crystalball/overview/index.html">www.oracle.com/technetwork/middleware/crystalball/overview/index.html</a> (last accessed July 6, 2021).
---------------------------------------------------------------------------

    DOE calculated the LCC and PBP for all consumers of DPPP motors as 
if each were to purchase a new equipment in the expected first full 
year of required compliance with new standards. New standards would 
apply to DPPP motor manufactured 2 years after the date on which any 
new or amended standard is published.\67\ At this time, DOE estimates 
publication of a final rule in the second half of 2023. Therefore, for 
purposes of its analysis, DOE used 2026 as the first full year of 
compliance with any amended standards for DPPP motors.
---------------------------------------------------------------------------

    \67\ In the Electric Motors Final Rule, DOE was informed by the 
statutorily mandated rulemaking schedule (see 42 U.S.C. 6313(b)) in 
providing a two-year lead time between the finalized rule and 
required compliance. 79 FR 30934, 30944 (May 29, 2014). For the 
purposes of this analysis, DOE is following the same 2-year lead 
time.
---------------------------------------------------------------------------

    Table IV.10 summarizes the approach and data DOE used to derive 
inputs to the LCC and PBP calculations. The

[[Page 37145]]

subsections that follow provide further discussion. Details of the 
spreadsheet model, and of all the inputs to the LCC and PBP analyses, 
are contained in chapter 8 of the NOPR TSD and its appendices.

                    Table IV.10--Summary of Inputs and Methods for the LCC and PBP Analysis *
----------------------------------------------------------------------------------------------------------------
                         Inputs                                                Source/method
----------------------------------------------------------------------------------------------------------------
Equipment Cost..........................................  Derived by multiplying MSPs by distribution channel
                                                           markups and sales tax, as appropriate. Used
                                                           historical data to derive a price index to project
                                                           equipment costs.
Installation Costs......................................  Baseline installation cost determined using data from
                                                           manufacturer gathered during the January 2017 Direct
                                                           Final Rule.
Annual Energy Use.......................................  The daily energy consumption multiplied by the number
                                                           of operating days per year.
                                                          Variability: Based on the 2009 RECS, 2009 AHS, 2015
                                                           RECS and 2012 CBECS and other data sources.
Energy Prices...........................................  Electricity: Based on EEI data for 2020.
                                                          Variability: Regional energy prices determined for 9
                                                           census divisions for pool pump motors in individual
                                                           single-family homes and 9 census divisions for pool
                                                           pump motors in community and commercial pool pump
                                                           motors.
                                                          Average and marginal prices used for electricity.
Energy Price Trends.....................................  Based on AEO2021 price projections.
Repair and Maintenance Costs............................  Assumed no repair or maintenance on pool pump motors.
Equipment Lifetime......................................  Average: 3.6 to 5 years depending on the DPPP
                                                           applications.
                                                          Variability: Based on Weibull distribution.
Discount Rates..........................................  Residential: approach involves identifying all
                                                           possible debt or asset classes that might be used to
                                                           purchase the considered appliances, or might be
                                                           affected indirectly. Primary data source was the
                                                           Federal Reserve Board's Survey of Consumer Finances.
                                                          Commercial: Calculated as the weighted average cost of
                                                           capital for entities purchasing pool pumps. Primary
                                                           data source was Damodaran Online.
Compliance Date.........................................  2026 (first full year).
----------------------------------------------------------------------------------------------------------------
* References for the data sources mentioned in this table are provided in the sections following the table or in
  chapter 8 of the NOPR TSD.

1. Equipment Cost
    To calculate consumer equipment costs, DOE multiplied the MSPs 
developed in the engineering analysis by the distribution channel 
markups described previously (along with sales taxes). DOE used 
different markups for baseline equipment and higher-efficiency 
equipment, because DOE applies an incremental markup to the increase in 
MSP associated with higher-efficiency equipment.
    To project an equipment price trend, DOE derived an inflation-
adjusted index of the Producer Price Index (PPI) for integral and 
fractional horsepower motors and generators manufacturing over the 
period 1967-2020.\68\ For fractional horsepower motors, the data shows 
a slightly downward trend before early 2000s, and then the price index 
increases to a small degree. For integral horsepower motors, the trend 
is mostly flat before early 2000s, and then the price index increases 
slightly. The trend is found to align with the copper and steel 
deflated price indices to some extent, as they are the major material 
used in small electric motors. Given the degree of uncertainty, DOE 
decided to use a constant price assumption as the default price factor 
index to project future DPPP motor prices. For dual-speed DPPP motors, 
however, DOE assumed that the timer control portion of the installation 
cost would be affected by price learning. DOE used PPI data on 
``Automatic environmental control manufacturing'' between 1980 and 2020 
to estimate the historic price trend of the electronic components in 
the timer control.\69\ The regression performed as an exponential trend 
line fit results in an R-square of 0.86, with an annual price decline 
rate of 0.4 percent. For variable-speed DPPP motors, DOE assumed that 
the controls portion of the DPPP motor would be affected by price 
learning. Similarly, DOE used PPI data on ``Semiconductors and related 
device manufacturing'' between 1967 and 2020 to estimate the historic 
price trend of electronic components in the control.\70\ The regression 
performed as an exponential trend line fit results in an R-square of 
0.99, with an annual price decline rate of 6 percent.
---------------------------------------------------------------------------

    \68\ Series ID PCU 3353123353121; <a href="http://www.bls.gov/ppi/">www.bls.gov/ppi/</a>.
    \69\ Automatic environmental control manufacturing PPI series 
ID: PCU334512334512; <a href="http://www.bls.gov/ppi/">www.bls.gov/ppi/</a>.
    \70\ Semiconductors and related device manufacturing PPI series 
ID: PCU334413334413; <a href="http://www.bls.gov/ppi/">www.bls.gov/ppi/</a>.
---------------------------------------------------------------------------

    DOE seeks comment on the approach and inputs used to project an 
equipment price trend for DPPP motors.
2. Installation Cost
    Installation cost includes labor, overhead, and any miscellaneous 
materials and parts needed to install the equipment. During the January 
2017 Direct Final Rule, DOE simplified the calculation and only 
accounted for the difference of installation cost by efficiency levels. 
For two-speed pumps, DOE included the cost of a timer control and its 
installation where applicable, as recommended by the ASRAC DPPP Working 
Group. During the January 2017 Direct Final Rule, DOE used information 
obtained in the manufacturer interviews to calculate the supplemental 
installation labor costs for two-speed and variable-speed pumps.\71\ 
DOE retained the same estimates for this NOPR as applied to two-speed 
and variable speed DPPP motors.\72\
---------------------------------------------------------------------------

    \71\ For more details see chapter 8 of the dedicated-purpose 
pool pumps direct final rule TSD, at <a href="http://www.regulations.gov/document?D=EERE-2015-BT-STD-0008-0105">www.regulations.gov/document?D=EERE-2015-BT-STD-0008-0105</a>.
    \72\ Adjusted to $2020 and compliance year.
---------------------------------------------------------------------------

    DOE seeks comment on installation costs estimates used in the LCC 
analysis.
3. Annual Energy Consumption
    For each sampled installation, DOE determined the energy 
consumption for a DPPP motor at different efficiency levels using the 
approach described in section IV.E of this document.
4. Energy Prices
    Because marginal electricity price more accurately captures the 
incremental savings associated with a change in energy use from higher 
efficiency, it provides a better representation of incremental change 
in consumer costs than average electricity prices. Therefore, DOE 
applied average electricity prices for the energy use of the DPPP motor 
purchased in the no-new-standards case, and marginal electricity prices 
for the incremental

[[Page 37146]]

change in energy use associated with the other efficiency levels 
considered.
    DOE derived electricity prices in 2020 using data from EEI Typical 
Bills and Average Rates reports. Based upon comprehensive, industry-
wide surveys, this semi-annual report presents typical monthly electric 
bills and average kilowatt-hour costs to the customer as charged by 
investor-owned utilities. For the residential sector, DOE calculated 
electricity prices using the methodology described in Coughlin and 
Beraki (2018).\73\ For the commercial sector, DOE calculated 
electricity prices using the methodology described in Coughlin and 
Beraki (2019).\74\
---------------------------------------------------------------------------

    \73\ Coughlin, K. and B. Beraki. 2018. Residential Electricity 
Prices: A Review of Data Sources and Estimation Methods. Lawrence 
Berkeley National Lab. Berkeley, CA. Report No. LBNL-2001169. 
<a href="https://ees.lbl.gov/publications/residential-electricity-prices-review">https://ees.lbl.gov/publications/residential-electricity-prices-review</a>.
    \74\ Coughlin, K. and B. Beraki. 2019. Non-residential 
Electricity Prices: A Review of Data Sources and Estimation Methods. 
Lawrence Berkeley National Lab. Berkeley, CA. Report No. LBNL-
2001203. <a href="https://ees.lbl.gov/publications/non-residential-electricity-prices">https://ees.lbl.gov/publications/non-residential-electricity-prices</a>.
---------------------------------------------------------------------------

    DOE's methodology allows electricity prices to vary by sector, 
region and season. In the analysis, variability in electricity prices 
is chosen to be consistent with the way the consumer economic and 
energy use characteristics are defined in the LCC analysis. For DPPP 
motors, regional weighted-average values for both average and marginal 
prices were calculated for the nine census divisions. Each EEI utility 
in a region was assigned a weight based on the number of consumers it 
serves. Consumer counts were taken from the most recent EIA's Form EAI-
861 data (2020).
    To estimate energy prices in future years, DOE multiplied the 2020 
average regional energy prices by a projection of annual change in 
national-average residential and commercial energy price in AEO 2021, 
which has an end year of 2050.\75\ To estimate price trends after 2050, 
DOE used the average annual rate of change in prices from 2040 through 
2050.
---------------------------------------------------------------------------

    \75\ U.S. Department of Energy--Energy Information 
Administration. Annual Energy Outlook 2021 with Projections to 2050. 
Washington, DC. Available at <a href="http://www.eia.gov/forecasts/aeo/">www.eia.gov/forecasts/aeo/</a>.
---------------------------------------------------------------------------

    See chapter 8 of the NOPR TSD for details.
5. Maintenance and Repair Costs
    Repair costs are associated with repairing or replacing components 
that have failed in an equipment; maintenance costs are associated with 
maintaining the operation of the equipment. Typically, small 
incremental increases in equipment efficiency produce no, or only 
minor, changes in repair and maintenance costs compared to baseline 
efficiency equipment. DOE assumed that for maintenance costs, there is 
no change with efficiency level, and therefore DOE did not include 
those costs in the model. In addition, DPPP motors are not repaired and 
DOE assumed no repair costs.
    DOE seeks comment on its decision to not include DPPP motor repair 
and maintenance costs in the LCC analysis.
6. Equipment Lifetime
    For DPPP motors used in residential applications, DOE calculated 
lifetime estimates using DPPP lifetime data and rates of repair from 
the January 2017 Direct Final Rule, which estimated that motor 
replacement occurs at the halfway point in a pump's lifetime, but only 
for those DPPPs whose lifetime exceeds the average lifetime for the 
relevant equipment class.\76\ The data allowed DOE to develop a 
survival function, which provides a distribution of lifetime ranging 
from a minimum of 1 year based on warranty covered period, to a maximum 
of 10 years, with a mean value of 5 years for self-priming pumps, to a 
maximum of 8 years, with a mean value of 3.6 years for non-self-priming 
and pressure cleaner booster pumps. These values are applicable to DPPP 
motors in residential applications. For commercial applications, DOE 
adjusted the lifetimes to account for the higher operating hours 
compared to residential applications, resulting in a reduced average 
lifetime of 3.2 years for self-priming pumps and 3.5 years for pressure 
cleaner booster pumps. The resulting shipments-weighted average 
lifetime across all DPPP motor equipment classes is 4.5 years.
---------------------------------------------------------------------------

    \76\ For DPPPs that do not include a repair, the DPPP motor 
lifetime is equal to the DPPP lifetime. For DPPPs that are repaired, 
the DPPP motor lifetime is equal to half of the DPPP lifetime. See 
chapter 8 of the dedicated-purpose pool pumps January 2017 Direct 
Final Rule TSD, at <a href="http://www.regulations.gov/document?D=EERE-2015-BT-STD-0008-0105">www.regulations.gov/document?D=EERE-2015-BT-STD-0008-0105</a>.
---------------------------------------------------------------------------

    DOE seeks comment on the approach and inputs used to develop DPPP 
motor lifetime estimates.
7. Discount Rates
    In the calculation of LCC, DOE applies discount rates appropriate 
to consumers to estimate the present value of future operating cost 
savings. DOE estimated a distribution of discount rates for DPPP motors 
based on the opportunity cost of consumer funds.
    DOE applies weighted average discount rates calculated from 
consumer debt and asset data, rather than marginal or implicit discount 
rates.\77\ The LCC analysis estimates net present value over the 
lifetime of the equipment, so the appropriate discount rate will 
reflect the general opportunity cost of household funds, taking this 
time scale into account. Given the long time horizon modeled in the LCC 
analysis, the application of a marginal interest rate associated with 
an initial source of funds is inaccurate. Regardless of the method of 
purchase, consumers are expected to continue to rebalance their debt 
and asset holdings over the LCC analysis period, based on the 
restrictions consumers face in their debt payment requirements and the 
relative size of the interest rates available on debts and assets. DOE 
estimates the aggregate impact of this rebalancing using the historical 
distribution of debts and assets.
---------------------------------------------------------------------------

    \77\ The implicit discount rate is inferred from a consumer 
purchase deci

[…truncated; see source link]
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