Proposed Rule2024-08545
Energy Conservation Program: Energy Conservation Standards for Air-Cooled Commercial Package Air Conditioners and Heat Pumps
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 20, 2024
Issuing agencies
Energy Department
Abstract
The Energy Policy and Conservation Act, as amended ("EPCA"), prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including air-cooled commercial package air conditioners and heat pumps with a rated cooling capacity greater than or equal to 65,000 Btu/h. In this notice of proposed rulemaking ("NOPR"), the U.S. Department of Energy ("DOE") proposes amended energy conservation standards, based on clear and convincing evidence, identical to those set forth in a direct final rule ("DFR") published elsewhere in this issue of the Federal Register. If DOE receives adverse comment and determines that such comment may provide a reasonable basis for withdrawal of the direct final rule, DOE will publish a notification of withdrawal and will proceed with this proposed rule.
Full Text
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[Federal Register Volume 89, Number 98 (Monday, May 20, 2024)]
[Proposed Rules]
[Pages 43770-43792]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08545]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 89, No. 98 / Monday, May 20, 2024 / Proposed
Rules
[[Page 43770]]
DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE-2022-BT-STD-0015]
RIN 1904-AF34
Energy Conservation Program: Energy Conservation Standards for
Air-Cooled Commercial Package Air Conditioners and Heat Pumps
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Energy Policy and Conservation Act, as amended (``EPCA''),
prescribes energy conservation standards for various consumer products
and certain commercial and industrial equipment, including air-cooled
commercial package air conditioners and heat pumps with a rated cooling
capacity greater than or equal to 65,000 Btu/h. In this notice of
proposed rulemaking (``NOPR''), the U.S. Department of Energy (``DOE'')
proposes amended energy conservation standards, based on clear and
convincing evidence, identical to those set forth in a direct final
rule (``DFR'') published elsewhere in this issue of the Federal
Register. If DOE receives adverse comment and determines that such
comment may provide a reasonable basis for withdrawal of the direct
final rule, DOE will publish a notification of withdrawal and will
proceed with this proposed rule.
DATES: DOE will accept comments, data, and information regarding this
NOPR no later than September 9, 2024. 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 June 20, 2024.
ADDRESSES: See section IV of this document, ``Public Participation,''
for details. If DOE withdraws the direct final rule published elsewhere
in this issue of the Federal Register, DOE will hold a public meeting
to allow for additional comment on this proposed rule. DOE will publish
notice of any meeting in the Federal Register.
Interested persons are encouraged to submit comments using the
Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a> under docket number
EERE-2022-BT-STD-0015. Follow the instructions for submitting comments.
Alternatively, interested persons may submit comments, identified by
docket number EERE-2022-BT-STD-0015, by any of the following methods:
Email: <a href="/cdn-cgi/l/email-protection#0d4c7d7d61646c636e685e796c63696c7f697e5c78687e796462637e4d686823696268236a627b"><span class="__cf_email__" data-cfemail="b9f8c9c9d5d0d8d7dadceacdd8d7ddd8cbddcae8ccdccacdd0d6d7caf9dcdc97ddd6dc97ded6cf">[email protected]</span></a>. Include the docket
number EERE-2022-BT-STD-0015 in the subject line of the message.
Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. If possible,
please submit all items on a compact disc (``CD''), in which case it is
not necessary to include printed copies.
Hand Delivery/Courier: Appliance and Equipment Standards Program,
U.S. Department of Energy, Building Technologies Office, 950 L'Enfant
Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202) 287-1445.
If possible, please submit all items on a CD, in which case it is not
necessary to include printed copies.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section IV of this document (Public Participation).
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/docket/EERE-2022-BT-STD-0015">www.regulations.gov/docket/EERE-2022-BT-STD-0015</a>. The docket web page contains instructions on how
to access all documents, including public comments, in the docket. See
section IV 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 Antitrust Division at
<a href="/cdn-cgi/l/email-protection#0762696275607e2974736669636675637447727463686d29606871"><span class="__cf_email__" data-cfemail="55303b3027322c7b2621343b3134273126152026313a3f7b323a23">[email 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. Lucas Adin, 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) 287-5904. Email: <a href="/cdn-cgi/l/email-protection#97d6e7e7fbfef6f9f4f2c4e3f6f9f3f6e5f3e4c6e2f2e4e3fef8f9e4d7f2f2b9f3f8f2b9f0f8e1"><span class="__cf_email__" data-cfemail="34754444585d555a57516740555a505546504765415147405d5b5a477451511a505b511a535b42">[email protected]</span></a>.
Mr. Eric Stas, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-4798. Email: <a href="/cdn-cgi/l/email-protection#0247706b612c51766371426a732c666d672c656d74"><span class="__cf_email__" data-cfemail="397c4b505a176a4d584a795148175d565c175e564f">[email 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
(if one is held), contact the Appliance and Equipment Standards Program
staff at (202) 287-1445 or by email:
<a href="/cdn-cgi/l/email-protection#034273736f6a626d60665077626d676271677052766670776a6c6d704366662d676c662d646c75"><span class="__cf_email__" data-cfemail="327342425e5b535c51576146535c565340564163475741465b5d5c417257571c565d571c555d44">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Synopsis of the Proposed Rule
II. Introduction
A. Authority
B. Background
1. Current Standards
2. History of Standards Rulemaking for ACUACs and ACUHPs
3. 2022-2023 ASRAC ACUAC/HP Working Group Recommended Standard
Levels
III. Proposed Standards
A. Benefits and Burdens of TSLs Considered for ACUAC and ACUHP
Standards
B. Annualized Benefits and Costs of the Proposed Standards
IV. Public Participation
A. Submission of Comments
B. Public Meeting
[[Page 43771]]
V. Procedural Issues and Regulatory Review
A. Review Under the Regulatory Flexibility Act
VI. Approval of the Office of the Secretary
I. Synopsis of the Proposed Rule
The Energy Policy and Conservation Act, Public Law 94-163, as
amended (``EPCA''),\1\ authorizes the DOE to regulate the energy
efficiency of a number of consumer products and certain industrial
equipment. (42 U.S.C. 6291-6317, as codified) Title III, Part C \2\ of
EPCA established the Energy Conservation Program for Certain Industrial
Equipment. (42 U.S.C. 6311-6317) This covered equipment includes small,
large, and very large commercial package air conditioning and heating
equipment. (42 U.S.C. 6311(1)(B)-(D)) Such equipment includes as
equipment categories air-cooled commercial unitary air conditioners
with a rated cooling capacity greater than or equal to 65,000 Btu/h
(``ACUACs'') and air-cooled commercial unitary heat pumps with a rated
cooling capacity greater than or equal to 65,000 Btu/h (``ACUHPs''),
which are the subject of this proposed rulemaking.\3\ The current
energy conservation standards for the subject equipment are found in
the Code of Federal Regulations (``CFR'') at 10 CFR 431.97(b).
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\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020), which reflect the last statutory amendments that impact
Parts A and A-1 of EPCA.
\2\ For editorial reasons, upon codification in the U.S. Code,
Part C was re-designated Part A-1.
\3\ While ACUACs and ACUHPs with rated cooling capacity less
than 65,000 Btu/h are included in the broader category of commercial
unitary air conditioners and heat pumps (``CUACs and CUHPs''), they
are not addressed in this NOPR. The standards for ACUACs and ACUHPs
with rated cooling capacity less than 65,000 Btu/h have been
addressed in a separate rulemaking (see Docket No. EERE-2022-BT-STD-
0008). Accordingly, all references within this NOPR to ACUACs and
ACUHPs exclude equipment with rated cooling capacity less than
65,000 Btu/h.
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In accordance with the authority provided by 42 U.S.C. 6295(p)(4)
and 42 U.S.C. 6316(b)(1), DOE is proposing this rule establishing and
amending the energy conservation standards for ACUACs and ACUHPs and is
concurrently issuing a direct final rule published elsewhere in this
issue of the Federal Register.\4\ DOE will proceed with this notice of
proposed rulemaking only if it determines it must withdraw the direct
final rule pursuant to the criteria provided in 42 U.S.C. 6295(p)(4).
The amended standards levels in both this NOPR and that DFR reflect the
culmination of a negotiated rulemaking that included the following
document and stakeholder comments thereon: May 2020 energy conservation
standards request for information (``May 2020 ECS RFI'') (85 FR 27941
(May 12, 2020)); May 2022 test procedure (``TP'')/ECS RFI (87 FR 31743
(May 25, 2022)); and the 2022 Appliance Standards and Rulemaking
Federal Advisory Committee (``ASRAC'') commercial unitary air
conditioners and heat pumps working group negotiations, hereinafter
referred to as ``the 2023 ECS Negotiations'' (87 FR 45703 (July 29,
2022)). Participants in the 2023 ECS Negotiations included stakeholders
representing manufacturers, energy-efficiency and environmental
advocates, States, and electric utility companies. See section II.B.2
of this document for a detailed history of the current rulemaking.
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\4\ See 42 U.S.C. 6316(b) (applying 42 U.S.C. 6295(p)(4) to
energy conservation standard rulemakings involving a variety of
industrial equipment, including ACUACs and ACUHPs).
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The consensus reached by the ACUAC/HP ASRAC Working Group
(hereinafter referred to as ``the ACUAC/HP Working Group'') on amended
energy conservation standards (``ECS'') is outlined in the ASRAC
Working Group Term Sheet (hereinafter referred to as ``the ACUAC/HP
Working Group ECS Term Sheet''). (ASRAC Working Group ECS Term Sheet,
Docket No. EERE-2022-BT-STD-0015, No. 87) As discussed in more detail
in the accompanying direct final rule and in accordance with the
provisions at 42 U.S.C. 6295(p)(4), DOE has tentatively determined that
the recommendations contained in the ACUAC/HP Working Group ECS Term
Sheet are compliant with the requirements of 42 U.S.C. 6313(a)(6)(B).
In accordance with these and other statutory provisions discussed
in this document, DOE proposes amended energy conservation standards
for ACUACs and ACUHPs. The standards for ACUACs and ACUHPs are
expressed in terms of the new integrated ventilation, economizing and
cooling (``IVEC'') and integrated ventilation and heating efficiency
(``IVHE''), as determined in accordance with the ACUAC/ACUHP test
procedure set forth a final rule amending the test procedure for ACUACs
and ACUHPs.\5\ The newly adopted DOE test procedure for ACUACs and
ACUHPs appears at 10 CFR part 431, subpart F, appendix A1 (appendix
A1).
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\5\ The final rule amending the test procedure can be found at
<a href="http://www.regulations.gov">www.regulations.gov</a> under docket number EERE-2023-BT-TP-0014.
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Table I.1 presents the proposed amended standards for ACUACs and
ACUHPs. The proposed standards are the same as those recommended by the
ACUAC/HP Working Group. These proposed standards would apply to all
equipment listed in Table I.1 and manufactured in, or imported into the
United States starting on January 1, 2029, as recommended by the ACUAC/
HP Working Group.
[[Page 43772]]
[GRAPHIC] [TIFF OMITTED] TP20MY24.297
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 energy
conservation standards for ACUACs and ACUHPs.
A. Authority
EPCA, Public Law 94-163, as amended, authorizes DOE to regulate the
energy efficiency of certain consumer products and 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 ACUACs and ACUHPs, which are a
category of small, large, and very large commercial package air
conditioning and heating equipment and the subject of this rulemaking.
(42 U.S.C. 6311(1)(B)-(D)) EPCA prescribed initial standards for this
equipment. (42 U.S.C. 6313(a)(1)-(2))
Pursuant to EPCA, DOE must amend the energy conservation standards
for certain types of commercial and industrial equipment, including the
equipment at issue in this document, whenever ASHRAE amends the
standard levels or design requirements prescribed in ASHRAE Standard
90.1, ``Energy Standard for Buildings Except Low-Rise Residential
Buildings'' (``ASHRAE Standard 90.1''). DOE must adopt the amended
ASHRAE Standard 90.1 levels for these equipment (hereafter ``ASHRAE
equipment''), unless the Secretary of Energy (``the Secretary'')
determines by rule published in the Federal Register and supported by
clear and convincing evidence that adoption of a more-stringent uniform
national standard would result in significant additional conservation
of energy and is technologically feasible and economically justified.
(42 U.S.C. 6313(a)(6)(A)-(B))
In addition, EPCA contains a review requirement for this same
equipment (the six-year-lookback review), which requires DOE to
consider the need for amended standards every six years. To adopt more-
stringent standards under that provision, DOE must once again have
clear and convincing evidence to show that such standards would be
technologically feasible and economically justified and would save a
significant additional amount of energy. (42 U.S.C. 6313(a)(6)(C)); see
id. 6313(a)(6)(A)(ii)(II) & (a)(6)(B)(i))
In deciding whether a more-stringent standard is economically
justified, under either the provisions of 42 U.S.C. 6313(a)(6)(A) or 42
U.S.C. 6313(a)(6)(C), DOE must determine whether the benefits of the
standard exceed its burdens. DOE must make this determination after
receiving comments on the proposed standard, and by considering, to the
maximum extent practicable, the following seven factors:
(1) The economic impact of the standard on manufacturers and
consumers of equipment subject to the standard;
(2) The savings in operating costs throughout the estimated average
life of the covered equipment in the type (or class) compared to any
increase in the price, initial charges, or maintenance expenses for the
covered equipment that are likely to result from the standard;
(3) The total projected amount of energy savings likely to result
directly from the standard;
(4) Any lessening of the utility or the performance of the covered
equipment 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 conservation; and
(7) Other factors the Secretary of Energy considers relevant.
(42 U.S.C. 6313(a)(6)(B)(ii)(I)-(VII))
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 the EPCA specifically include
definitions (42 U.S.C. 6311), energy conservation standards (42 U.S.C.
6313), test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C.
6315), and the authority to require information and reports from
manufacturers (42 U.S.C. 6316; 42 U.S.C. 6296(a), (b) and (d)).
Federal energy efficiency requirements for covered equipment
established under EPCA generally
[[Page 43773]]
supersede State laws and regulations concerning energy conservation
testing, labeling, and standards. (42 U.S.C. 6316(a) and (b); 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. (42 U.S.C. 6316(b)(2)(D))
Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures
DOE is required to follow when prescribing or amending test procedures
for covered equipment. EPCA requires that any test procedure prescribed
or amended under this section must be reasonably designed to produce
test results which reflect energy efficiency, energy use, or estimated
annual operating cost of covered equipment during a representative
average use cycle and requires that the test procedure not be unduly
burdensome to conduct. (42 U.S.C. 6314(a)(2)) Manufacturers of covered
equipment must use the Federal test procedures as the basis for
certifying to DOE that their equipment complies with the applicable
energy conservation standards adopted pursuant to EPCA (42 U.S.C.
6316(b); 42 U.S.C. 6296) and when making representations about the
efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE uses
these test procedures to determine whether the equipment complies with
relevant standards promulgated under EPCA. The current DOE test
procedure for ACUACs and ACUHPs appear at 10 CFR part 431, subpart F,
appendix A.
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 a covered product.
(42 U.S.C. 6313(a)(6)(B)(iii)(I)) 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 equipment 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.
6313(a)(6)(B)(iii)(II)(aa))
Finally, the Energy Independence and Security Act of 2007 (``EISA
2007''), Public Law 110-140, amended EPCA, in relevant part, to grant
DOE authority to directly issue a final rule (hereinafter referred to
as a ``direct final rule'' or ``DFR'') establishing an energy
conservation standard on receipt of a statement submitted jointly by
interested persons that are fairly representative of relevant points of
view (including representatives of manufacturers of covered products/
equipment, States, and efficiency advocates), as determined by the
Secretary, that contains recommendations with respect to an energy or
water conservation standard that are in accordance with the provisions
of 42 U.S.C. 6295(o). (42 U.S.C. 6316(b)(1); 42 U.S.C. 6295(p)(4))
Pursuant to 42 U.S.C. 6295(p)(4), the Secretary must also determine
whether a jointly-submitted recommendation for an energy or water
conservation standard satisfies 42 U.S.C. 6295(o) or 42 U.S.C.
6313(a)(6)(B), as applicable.
A NOPR that proposes an identical energy efficiency standard must
be published simultaneously with the direct final rule, and DOE must
provide a public comment period of at least 110 days on this proposal.
(42 U.S.C. 6316(b)(1); 42 U.S.C. 6295(p)(4)(A)-(B)) While DOE typically
provides a comment period of 60 days on proposed energy conservation
standards, for a NOPR accompanying a direct final rule, DOE provides a
comment period of the same length as the comment period on the direct
final rule--i.e., 110 days. Based on the comments received during this
period, the direct final rule will either become effective, or DOE will
withdraw it not later than 120 days after its issuance if: (1) one or
more adverse comments is received, and (2) DOE determines that those
comments, when viewed in light of the rulemaking record related to the
direct final rule, may provide a reasonable basis for withdrawal of the
direct final rule under 42 U.S.C. 6295(o), 42 U.S.C. 6313(a)(6)(B), or
any other applicable law. (42 U.S.C. 6316(b)(1); 42 U.S.C.
6295(p)(4)(C)) Receipt of an alternative joint recommendation may also
trigger a DOE withdrawal of the direct final rule in the same manner.
(Id.) After withdrawing a direct final rule, DOE must proceed with the
notice of proposed rulemaking published simultaneously with the direct
final rule and publish in the Federal Register the reasons why the
direct final rule was withdrawn. Id.
DOE has previously explained its interpretation of its direct final
rule authority. In a final rule amending the Department's ``Procedures,
Interpretations and Policies for Consideration of New or Revised Energy
Conservation Standards for Consumer Products'' at 10 CFR part 430,
subpart C, appendix A, DOE noted that it may issue standards
recommended by interested persons that are fairly representative of
relative points of view as a direct final rule when the recommended
standards are in accordance with 42 U.S.C. 6295(o) or 42 U.S.C.
6313(a)(6)(B), as applicable. 86 FR 70892, 70912 (Dec. 13, 2021). But
the direct final rule provision in EPCA does not impose additional
requirements applicable to other standards rulemakings, which is
consistent with the unique circumstances of rules issued as consensus
agreements under DOE's direct final rule authority. Id. DOE's
discretion remains bounded by its statutory mandate to adopt a standard
that results in the maximum improvement in energy efficiency that is
technologically feasible and economically justified--a requirement
found in 42 U.S.C. 6313(a)(6)(B). As such, DOE's review and analysis of
the Joint Agreement is limited to whether the recommended standards
satisfy the criteria in 42 U.S.C. 6313(a)(6)(B).
B. Background
1. Current Standards
In a direct final rule published in the Federal Register on January
15, 2016 (``January 2016 Direct Final Rule''), DOE prescribed the
current energy conservation standards for ACUACs and ACUHPs
manufactured on and after January 1, 2023. 81 FR 2420. These standards
are set forth in DOE's regulations at 10 CFR 431.97(b) and are repeated
in Table II.1.
[[Page 43774]]
[GRAPHIC] [TIFF OMITTED] TP20MY24.298
2. History of Standards Rulemaking for ACUACs and ACUHPs
Since publication of the January 2016 Direct Final Rule, ASHRAE
published an updated version of ASHRAE Standard 90.1 (``ASHRAE 90.1-
2019''), which updated the minimum efficiency levels for ACUACs and
ACUHPs to align with those adopted by DOE in the January 2016 Direct
Final Rule (i.e., specifying two tiers of minimum levels for ACUACs and
ACUHPs, with a January 1, 2023 compliance date for the second tier).
ASHRAE published another version of ASHRAE Standard 90.1 in January
2023 (``ASHRAE 90.1-2022''), which includes the same minimum efficiency
levels for ACUACs and ACUHPs as those included in ASHRAE Standard 90.1-
2019.
On May 12, 2020, DOE began its six-year-lookback review with for
ACUACs and ACUHPs by publishing in the Federal Register the May 2020
ECS RFI.\6\ 85 FR 27941. The May 2020 ECS RFI sought information to
help DOE inform its decisions, consistent with its obligations under
EPCA. DOE received multiple comments from interested stakeholders in
response to the May 2020 ECS RFI, which prompted DOE to publish the May
2022 TP/ECS RFI in the Federal Register on May 25, 2022, to investigate
additional aspects of the ACUAC and ACUHP TP and standards. 87 FR
31743. In the latter document, DOE identified several issues that it
determined would benefit from further comment. DOE discussed these
topics (including any comments received in response to the May 2020 ECS
RFI that are related to these topics) in the May 2022 TP/ECS RFI. Once
again, DOE received a number of written comments from interested
parties related to standards for CUACs and CUHPs in response to the May
2020 ECS RFI and the May 2022 TP/ECS RFI. DOE considered these comments
in preparation of this NOPR and the direct final rule, and they are
discussed in further detail in the direct final rule published
elsewhere in this issue of the Federal Register.
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\6\ The May 2020 ECS RFI also addressed commercial warm-air
furnaces, a separate type of covered equipment which was
subsequently handled in a different rulemaking proceeding (see
Docket No. EERE-2019-BT-STD-0042 in <a href="http://www.regulations.gov">www.regulations.gov</a>).
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On July 29, 2022, DOE published in the Federal Register a notice of
intent to establish a working group for commercial unitary air
conditioners and heat pumps to negotiate proposed test procedures and
amended energy conservation standards for this equipment (``July 2022
Notice of Intent''). 87 FR 45703. The ACUAC/HP Working Group was
established under ASRAC in accordance with the Federal Advisory
Committee Act (``FACA'') (5 U.S.C. App 2) and the Negotiated Rulemaking
Act (``NRA'') (5 U.S.C. 561-570, Pub. L. 104-320). The purpose of the
ACUAC/HP Working Group was to discuss, and if possible, reach consensus
on recommended amendments to the test procedures and energy
conservation standards for ACUACs and ACUHPs. The ACUAC/HP Working
Group consisted of 14 voting members, including DOE. (See appendix A,
Working Group Members, Document
[[Page 43775]]
No. 65 in Docket No. EERE-2022-BT-STD-0015) On December 15, 2022, the
ACUAC/HP Working Group signed a Term Sheet (``ACUAC/HP Working Group TP
Term Sheet'') of recommendations regarding ACUAC and ACUHP test
procedures, including two new efficiency metrics: IVEC and IVHE. (See
Id.)
The ACUAC/HP Working Group met five times to discuss energy
conservation standards for ACUACs and ACUHPs. These meetings took place
on February 22-23, March 21-22, April 12-13, April 26-27, and May 1,
2023. As a result of these efforts, the ACUAC/HP Working Group
successfully reached consensus on recommended energy conservation
standards in terms of the new IVEC and IVHE metrics for CUACs and
CUHPs. On May 1, 2023, the ACUAC/HP Working Group signed the ACUAC/HP
Working Group ECS Term Sheet outlining its recommendations which ASRAC
approved on October 17, 2023. These recommendations are discussed
further in section II.B.3 of this NOPR.
3. 2022-2023 ASRAC ACUAC/HP Working Group Recommended Standard Levels
This section summarizes the standard levels recommended in the Term
Sheet submitted by the ACUAC/HP Working Group for ACUAC/HP energy
conservation standards and the subsequent procedural steps taken by
DOE. Recommendation #1 of the ACUAC/HP Working Group ECS Term Sheet
recommends standard levels for ACUACs and ACUHPs with a recommended
compliance date of January 1, 2029. (ASRAC Term Sheet, No. 87 at p. 2)
These recommended standard levels are presented in Table II.2.
Recommendation #2 of the ACUAC/HP Working Group ECS Term Sheet
recommends revising existing certification requirements to support the
new metrics and standards presented in Table II.2, specifically
requesting that manufacturers be required to certify the following
information publicly to DOE for each basic model: (1) crankcase heat
wattage for each compressor stage, and (2) 5 [deg]F heating capacity
and COP, if applicable. DOE will address recommendation #2 regarding
certification in a separate rulemaking.
[GRAPHIC] [TIFF OMITTED] TP20MY24.299
After carefully considering the consensus recommendations for
amending the energy conservation standards for ACUACs and ACUHPs
submitted by the ACUAC/HP Working Group and adopted by ASRAC, DOE has
tentatively determined that these recommendations are in accordance
with the statutory requirements of 42 U.S.C. 6295(p)(4) and 42 U.S.C.
6316(b)(1) for the issuance of a direct final rule. The following
paragraphs explain DOE's rationale in making this tentative
determination.
First, with respect to the requirement that recommended energy
conservation standards be submitted by interested persons that are
fairly representative of relevant points of view, DOE notes that the
ACUAC/HP Working Group ECS Term Sheet was signed and submitted by a
broad cross-section of interests, including the manufacturers who
produce the subject equipment. To satisfy this requirement, DOE has
generally found that the group submitting a joint statement must, where
appropriate, include larger concerns and small businesses in the
regulated industry/manufacturer community, energy advocates, energy
utilities, consumers, and States. However, the Department has explained
that it will be necessary to evaluate the meaning of ``fairly
representative'' on a case-by-case basis, subject to the circumstances
of a particular rulemaking, to determine whether additional parties
must be part of a joint statement beyond the required ``manufacturers
of covered products, States, and efficiency advocates'' specifically
called out by EPCA at 42 U.S.C. 6295(p)(4)(A). In this case, in
addition to manufacturers, the ACUAC/HP Working Group ECS Term Sheet
also included environmental and energy-efficiency advocacy
organizations, and electric utility companies. Although States were not
direct signatories to the ACUAC/HP Working Group ECS Term Sheet, the
ASRAC Committee approving the ACUAC/HP Working Group's recommendations
included at least two members representing States--one representing the
State of New York and one representing the State of California. As a
result, DOE has tentatively determined that these recommendations were
submitted by interested persons who are fairly representative of
relevant points of view on this matter, including those specifically
identified by Congress: manufacturers of covered equipment, States, and
efficiency advocates. (42 U.S.C. 6295(p)(4)(A); 42 U.S.C. 6316(b)(1))
Pursuant to 42 U.S.C. 6295(p)(4), the Secretary must also determine
whether a jointly-submitted recommendation for an energy or water
conservation standard satisfies 42 U.S.C. 6295(o) or 42 U.S.C.
6313(a)(6)(B), as applicable. In making this determination, DOE
conducted an analysis to evaluate
[[Page 43776]]
whether the potential energy conservation standards under consideration
achieve significant energy savings and are technologically feasible and
economically justified. The evaluation is similar to the comprehensive
approach that DOE typically conducts whenever it considers potential
new or amended energy conservation standards for a given type of
product or equipment. DOE applies the same principles to any consensus
recommendations it may receive to satisfy its statutory obligations.
Upon review, the Secretary tentatively determined that the ACUAC/HP
Working Group ECS Term Sheet comports with the standard-setting
criteria set forth under 42 U.S.C. 6313(a)(6)(B).
Accordingly, DOE published a direct final rule establishing amended
energy conservation standards for the subject ACUACs and ACUHPs
published elsewhere in this issue of the Federal Register, which
includes the consensus-recommended efficiency levels as the
``recommended trial standard level (``TSL'') for ACUACs and ACUHPs.
For further background information on these proposed standards and
the supporting analyses, please see the direct final rule published
elsewhere in this issue of the Federal Register, including section V.A
of the DFR which provides a description of all the considered TSLs.
That document and the accompanying technical support document (``TSD'')
contain an in-depth discussion of the analyses conducted in evaluating
the ACUAC/HP Working Group ECS Term Sheet, the methodologies DOE used
in conducting those analyses, and the analytical results.
In sum, the Secretary has tentatively determined that the relevant
criteria under 42 U.S.C. 6295(p)(4) and 42 U.S.C. 6316(b)(1) have been
satisfied, such that it is appropriate to propose the consensus-
recommended amended energy conservation standards for ACUACs and ACUHPs
through this NOPR, based on the clear and convincing evidence, as
discussed in section III.A of this document.
III. Proposed Standards
As noted previously, EPCA specifies that, for any commercial and
industrial equipment addressed under 42 U.S.C. 6313(a)(6)(A)(i), DOE
may prescribe an energy conservation standard more stringent than the
level for such equipment in ASHRAE Standard 90.1, as amended, only if
``clear and convincing evidence'' shows that a more-stringent standard
would result in significant additional conservation of energy and is
technologically feasible and economically justified. (42 U.S.C.
6313(a)(6)(A)(ii)(II)) For this proposed rule, DOE considered the
impacts of amended standards for ACUACs and ACUHPs at each TSL,
beginning with the maximum technologically feasible (``max-tech'')
level, to determine whether that level was economically justified.
Where the max-tech level was not justified, DOE then considered the
next most efficient level and undertook the same evaluation until it
reached the highest efficiency level that is both technologically
feasible and economically justified and saves a significant amount of
energy.
To aid the reader as DOE discusses the benefits and/or burdens of
each TSL, tables in this section present a summary of the results of
DOE's quantitative analysis for each TSL. In addition to the
quantitative results presented in the tables, DOE also considers other
burdens and benefits that affect economic justification. These include
the impacts on identifiable subgroups of consumers who may be
disproportionately affected by a national standard and impacts on
employment.
A. Benefits and Burdens of TSLs Considered for ACUAC and ACUHP
Standards
Table III.1 and Table III.2 summarize the quantitative impacts
estimated for each TSL for ACUACs and ACUHPs. The national impacts are
measured over the lifetime of ACUACs and ACUHPs purchased in the 30-
year period that begins in the anticipated year of compliance with
amended standards (2029-2058). The energy savings, emissions
reductions, and value of emissions reductions refer to full-fuel-cycle
(``FFC'') results. DOE is presenting monetized benefits of greenhouse
gas (``GHG'') emissions reductions in accordance with the applicable
Executive Orders, and DOE would reach the same conclusion presented in
this document in the absence of the social cost of greenhouse gases,
including the Interim Estimates presented by the Interagency Working
Group (``IWG''). The efficiency levels contained in each TSL are
described in section V.A of the direct final rule published elsewhere
in this issue of the Federal Register.
[[Page 43777]]
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[[Page 43778]]
[GRAPHIC] [TIFF OMITTED] TP20MY24.301
DOE first considered TSL 4, which represents the max-tech
efficiency levels. The max-tech efficiency levels for all equipment
classes would require complete redesigns of almost all models currently
available on the market to be optimized around the new test procedure
and energy efficiency metrics to provide better field performance. TSL
4 could necessitate using a combination of numerous design options,
including the most efficient compressors, fans, and motor designs,
more-efficient heat exchangers, and/or advanced controls. TSL 4 would
save an estimated 14.8 quads of energy, an amount DOE considers
significant. Under TSL 4, the NPV of consumer net benefit would be $1.5
billion using a discount rate of 7 percent, and $21.7 billion using a
discount rate of 3 percent.
The cumulative emissions reductions at TSL 4 are 291.4 Mt of
CO<INF>2</INF>, 67.7 thousand tons of SO<INF>2</INF>, 496.0 thousand
tons of NO<INF>X</INF>, 0.45 tons of Hg, 2,268.2 thousand tons of
CH<INF>4</INF>, and 2.2 thousand tons of N<INF>2</INF>O. The estimated
monetary value of the climate benefits from reduced GHG emissions
(associated with the average SC-GHG at a 3-percent discount rate) at
TSL 4 is $12.6 billion. The estimated monetary value of the health
benefits from reduced SO<INF>2</INF> and NO<INF>X</INF> emissions at
TSL 4 is $7.8 billion using a 7-percent discount rate and $23.2 billion
using a 3-percent discount rate.
Using a 7-percent discount rate for consumer benefits and costs,
health benefits from reduced SO<INF>2</INF> and NO<INF>X</INF>
emissions, and the 3-percent discount rate case for climate benefits
from reduced GHG emissions, the estimated total NPV at TSL 4 is $21.9
billion. Using a 3-percent discount rate for all benefits and costs,
the estimated total NPV at TSL 4 is $57.5 billion. The estimated total
NPV is provided for additional information; however, DOE primarily
relies upon the NPV of consumer benefits when determining whether a
potential standard level is economically justified.
At TSL 4, the average LCC impact is a savings of $242 for small
ACUACs, $3,880 for large ACUACs, and $12,766 for very large ACUACs. The
simple payback period is 10 years for small ACUACs and seven years for
large and very large ACUACs. The fraction of consumers experiencing a
net LCC cost is 60 percent for small ACUACs, 31 percent for large
ACUACs, and 24 percent for very large ACUACs. On a shipment-weighted
average basis, the average LCC impact is a savings of $2,379, the
simple payback period is 9 years, and the fraction of consumers
experiencing a net LCC cost is 49 percent.
At TSL 4, the projected change in INPV ranges from a decrease of
$1,550.6 million to a decrease of $830.1 million, which corresponds to
decreases of 58.4 percent to 31.3 percent, respectively. DOE estimates
that industry would need to invest $1,891 million to comply with
standards set at TSL 4. DOE estimates that approximately 2 percent of
small ACUAC and ACUHP models, 10 percent of large ACUAC and ACUHP
models, and 1 percent of very large ACUAC and ACUHP models currently
available for purchase meet the efficiency levels that would be
required at TSL 4 after testing using the amended test procedure and
when represented in the new metric. Very few manufacturers produce
equipment at TSL 4 efficiency levels at this time. DOE estimates that
only three of the nine manufacturers of small ACUACs and ACUHPs
currently offer models that meet the efficiency levels that would be
required for small ACUACs and ACUHPs at TSL 4. DOE estimates that only
two of the eight manufacturers of large ACUACs and ACUHPs offer models
that meet the efficiency levels that would be required for large ACUACs
and ACUHPs at TSL 4. DOE estimates that only one of the eight
manufacturers of very large
[[Page 43779]]
ACUACs and ACUHPs offer models that meet the efficiency level that
would be required for very large ACUACs and ACUHPs at TSL 4.
At TSL 4, DOE understands that all of the manufacturers would need
to utilize significant engineering resources to redesign their current
offerings to bring them into compliance with TSL 4 efficiencies. All
manufacturers would have to invest heavily in their production
facilities and source more-efficient components for incorporation into
their designs. One of the challenges that certain members of the ACUAC/
HP Working Group expressed was ensuring the footprint of the large and
very large ACUACs and ACUHPs did not grow to a level that was not
suitable for existing retrofits. While there was some uncertainty
surrounding what those footprints might look like, most manufacturers
were generally concerned that TSL 4 could require such increases,
especially for very large models. DOE understands that to meet max-tech
IVEC levels, a high fraction of models would need larger cabinet
footprints to accommodate the increased size of efficiency-improving
design options, which would require substantial investment in retooling
as well as redesign engineering efforts.
DOE estimates that at TSL 4, most manufacturers would be required
to redesign every ACUAC and ACUHP model offering covered by this
rulemaking. Some manufacturers may not have the engineering capacity to
complete the necessary redesigns within the compliance period. If
manufacturers were unable to redesign all their covered ACUAC and ACUHP
models within the compliance period, they would likely prioritize
redesigns based on model sales volume. In such case, model offerings of
large and very large ACUACs and ACUHPs might decrease, given that there
are many capacities offered for large and very large ACUACs and ACUHPs
and comparatively fewer shipments across which to distribute conversion
costs. Furthermore, DOE recognizes that a standard set at max-tech
could greatly limit equipment differentiation in the ACUAC and ACUHP
market.
Based upon the previous considerations, the Secretary tentatively
concludes that at TSL 4 for ACUACs and ACUHPs, the benefits of energy
savings, positive NPV of consumer benefits, emission reductions, and
the estimated monetary value of the emissions reductions would be
outweighed by the impacts on manufacturers, including the large
conversion costs, profit margin impacts that could result in a large
reduction in INPV, and the scale and magnitude of the redesign efforts
needed for manufacturers to bring their current equipment offerings
into compliance at this TSL. DOE is concerned that manufacturers may
narrow their equipment offerings and focus on high-volume models to
meet the standard within the compliance window. DOE is also concerned
with the potential footprint implications, especially for very large
ACUAC and ACUHP models, as manufacturer optimize around the new test
procedure and metric for the largest of ACUAC and ACUHP models.
Consequently, DOE has tentatively concluded that it is unable to make a
determination, supported by clear and convincing evidence, that TSL 4
is economically justified.
DOE then considered TSL 3 (the Recommended TSL), which represents
efficiency levels 4, 2, and 1 for small, large, and very large ACUACs
and ACUHPs, respectively. At TSL 3 efficiency levels, DOE understand
that manufacturers would likely need to implement fewer design options
than needed for TSL 4. These design options could include increasing
outdoor and/or indoor coil size, modifying compressor staging, and
improving fan and/or fan motor efficiency in order to meet these
levels. These technologies and design paths are familiar to
manufacturers as they produce equipment today that can meet TSL 3
efficiency levels, but they are not optimized around the new test
procedure and metrics, which are more representative of field
performance. The Recommended TSL would save an estimated 5.5 quads of
energy, an amount DOE considers significant. Under TSL 3, the NPV of
consumer net benefit would be $4.4 billion using a discount rate of 7
percent, and $15.3 billion using a discount rate of 3 percent.
The cumulative emissions reductions at the Recommended TSL are
108.7 Mt of CO<INF>2</INF>, 25.3 thousand tons of SO<INF>2</INF>, 185.1
thousand tons of NO<INF>X</INF>, 0.2 tons of Hg, 845.6 thousand tons of
CH<INF>4</INF>, and 0.8 thousand tons of N<INF>2</INF>O. The estimated
monetary value of the climate benefits from reduced GHG emissions
(associated with the average SC-GHG at a 3-percent discount rate) at
the Recommended TSL is $4.86 billion. The estimated monetary value of
the health benefits from reduced SO<INF>2</INF> and NO<INF>X</INF>
emissions at the Recommended TSL is $3.0 billion using a 7-percent
discount rate and $8.8 billion using a 3-percent discount rate.
Using a 7-percent discount rate for consumer benefits and costs,
health benefits from reduced SO<INF>2</INF> and NO<INF>X</INF>
emissions, and the 3-percent discount rate case for climate benefits
from reduced GHG emissions, the estimated total NPV at TSL 3 is $12.3
billion. Using a 3-percent discount rate for all benefits and costs,
the estimated total NPV at TSL 3 is $29.0 billion. The estimated total
NPV is provided for additional information; however, DOE primarily
relies upon the NPV of consumer benefits when determining whether a
potential standard level is economically justified.
At the Recommended TSL, the average LCC impact is a savings of
$1,380 for small ACUACs, $2,488 for large ACUACs, and $6,431 for very
large ACUACs. The simple payback period is six years for small ACUACs,
3.5 years for large ACUACs, and 1 year for very large ACUACs. The
fraction of consumers experiencing a net LCC cost is 26 percent for
small ACUACs, 4 percent for large ACUACs, and 1 percent for very large
ACUACs. On a shipment-weighted average basis, the average LCC impact is
a savings of $2,154, the simple payback period is 4.8 years, and the
fraction of consumers experiencing a net LCC cost is 18 percent.
At the Recommended TSL, TSL 3, the projected change in INPV ranges
from a decrease of $193.9 million to a decrease $79.5 million, which
correspond to decreases of 7.3 percent and 3.0 percent, respectively.
DOE estimates that industry must invest $288 million to comply with
standards set at the Recommended TSL. The ACUAC/HP Working Group
manufacturers were more comfortable with TSL 3 efficiency levels,
because the technologies anticipated to be used are the same as
technologies employed in the commercially-available products today. In
some cases, manufacturers believed existing cabinets could be
maintained, while in other cases, investments would be needed to modify
production equipment for new cabinet designs to optimize fan design and
accommodate other changes. DOE estimates that at TSL 3 efficiency
levels, manufacturers might likely utilize staging of the compressor
instead of moving the entire market to variable-speed compressors.
However, DOE understands that both of these are options that
manufacturers may choose to improve efficiency for those models needing
redesign. While DOE estimates that there are currently few shipments at
the Recommended TSL, particularly for small ACUACs/HPs (as discussed in
section IV.F.8 of the direct final rule published elsewhere in this
issue of the Federal Register), DOE estimates that approximately 37
percent of small ACUAC and ACUHP models, 50 percent of large ACUAC and
[[Page 43780]]
ACUHP models, and 64 percent of very large ACUAC and ACUHP models
currently available would have the capability of meeting the efficiency
levels required at TSL 3 without being redesigned. This indicates that
there is already a significant number of models available on the market
that would meet the Recommended TSL when represented in the new
metrics, and that the technology to meet these standards is readily
available. Manufacturers understand the design pathways and have
significant experience with the existing technologies needed to bring
the remaining models into compliance within the timeframe given. DOE
estimates that five of the nine manufacturers of small ACUACs and
ACUHPs offer models that would meet the efficiency level required at
TSL 3. DOE estimates that six of the eight manufacturers of large
ACUACs and ACUHPs offer models that meet the efficiency level required
at TSL 3. DOE estimates that six of the eight manufacturers of very
large ACUACs and ACUHPs offer models that meet the efficiency level
required at TSL 3. Given the support expressed by the ACUAC/HP Working
Group for TSL 3 (the Recommended TSL), DOE has tentatively concluded
that all manufacturers of ACUACs/HPs will be able to redesign their
model offerings in the compliance timeframe.
After considering the analysis and weighing the benefits and
burdens, the Secretary has tentatively concluded that the Recommended
TSL (TSL 3) for ACUACs and ACUHPs is in accordance with 42 U.S.C.
6313(a)(6)(B), which contains provisions for adopting a uniform
national standard more stringent than the amended ASHRAE Standard 90.1
\7\ for the equipment considered in this document. Specifically, the
Secretary has tentatively determined, supported by clear and convincing
evidence as described in a direct final rule published elsewhere in
this issue of the Federal Register and accompanying TSD, that such
adoption would result in significant additional conservation of energy
and is technologically feasible and economically justified. In
determining whether the recommended standards are economically
justified, the Secretary has tentatively determined that the benefits
of the recommended standards exceed the burdens. At this TSL, the
average LCC savings for consumers of ACUACs is positive. An estimated
18 percent of ACUAC consumers experience a net cost. The FFC national
energy savings are significant, and the NPV of consumer benefits is
positive using both a 3-percent and 7-percent discount rate. Notably,
the benefits to consumers vastly outweigh the cost to manufacturers. At
the Recommended TSL, the NPV of consumer benefits, even measured at the
more conservative discount rate of 7 percent, is over 47 times higher
than the maximum estimated manufacturers' loss in INPV. The economic
justification for standard levels at the Recommended TSL is clear and
convincing even without weighing the estimated monetary value of
emissions reductions. When those emissions reductions are included--
representing $4.9 billion in climate benefits (associated with the
average SC-GHG at a 3-percent discount rate), and $9.0 billion (using a
3-percent discount rate) or $3.0 billion (using a 7-percent discount
rate) in health benefits--the rationale becomes stronger still.
---------------------------------------------------------------------------
\7\ As discussed in section II.B.2 of this document, ASHRAE
Standard 90.1-2019 updated the minimum efficiency levels for ACUACs
and ACUHPs to align with those adopted by DOE in the January 2016
Direct Final Rule (i.e., ASHRAE Standard 90.1-2019 includes minimum
efficiency levels that are aligned with the current Federal energy
conservation standards). ASHRAE Standard 90.1-2022 includes the same
minimum efficiency levels for ACUACs and ACUHPs as ASHRAE Standard
90.1-2019.
---------------------------------------------------------------------------
Accordingly, the Secretary has tentatively concluded, supported by
clear and convincing evidence, that the Recommended TSL (TSL 3) would
offer the maximum improvement in efficiency that is technologically
feasible and economically justified and would result in the significant
additional conservation of energy. As stated, DOE conducts the walk-
down analysis to determine the TSL that represents the maximum
improvement in energy efficiency that is technologically feasible and
economically justified as required under EPCA. The walk-down is not a
comparative analysis, as a comparative analysis would result in the
maximization of net benefits instead of energy savings that are
technologically feasible and economically justified, which would be
contrary to the statute. See 86 FR 70892, 70908 (Dec. 13, 2021).
Although DOE has not conducted a comparative analysis to select the
amended energy conservation standards, DOE notes that compared to TSL
4, the Recommended TSL results in shorter payback periods and fewer
consumers with net cost and results in a lower maximum decrease in INPV
and lower manufacturer conversion costs.
Although DOE considered amended standard levels for ACUACs and
ACUHPs by grouping the efficiency levels for each equipment class into
TSLs, DOE evaluates all analyzed efficiency levels in its analysis.
Although there are ELs for each equipment class above those of TSL 3,
the previously discussed uncertainty around the economic justification
to support amended standards at TSL 4 applies for all efficiency levels
higher than those of the Recommended TSL. As discussed, there is
substantial uncertainty as to which combinations of design options
manufacturers may employ to achieve high IVEC levels (i.e., those above
the Recommended TSL), which may result in very high product conversion
costs. In addition, manufacturers' capacity to redesign all models that
do not meet the amended standard levels is constrained by resources
devoted to the low-GWP refrigerant transition and becomes increasingly
difficult as minimum efficiency levels increases above the Recommended
TSL. Also, similar to TSL 4, many more cabinets would need to be
redesigned at efficiency levels above those at TSL 3, which would
require substantial investment in design and retooling. For small
ACUACs and ACUHPs, adopting an efficiency level above that at TSL 3
would result in nearly 50 percent of purchasers experiencing a net
cost. For large and very large ACUACs and ACUHPs, higher ELs could
potentially result in reduced configuration and model availability due
to large jumps in failing model counts, high cost of redesign, high
conversion costs, and lower shipment volumes (as compared to small
ACUACs and ACUHPs) across which to distribute conversion costs.
Therefore, DOE has tentatively concluded that it is unable to make a
determination, supported by clear and convincing evidence, that
efficiency levels above TSL 3 are economically justified.
However, at the Recommended TSL, there are substantially more model
offerings currently available on the market, and significantly less
redesign would be required than for higher efficiency levels.
Additionally, the efficiency levels at TSL 3 result in positive LCC
savings for all equipment classes and with far fewer consumers
experiencing a net LCC cost, and mitigate the impacts on INPV and
conversion costs to the point where DOE has tentatively concluded they
are economically justified, as discussed for the Recommended TSL in the
preceding paragraphs.
The proposed amended energy conservation standards for ACUACs and
ACUHPs, which are expressed as minimum efficiency values in terms of
[[Page 43781]]
IVEC and IVHE, are shown in Table III.3.
[GRAPHIC] [TIFF OMITTED] TP20MY24.302
B. Annualized Benefits and Costs of the Proposed Standards
The benefits and costs of the proposed standards can also be
expressed in terms of annualized values. The annualized net benefit is:
(1) the annualized national economic value (expressed in 2022$) of the
benefits from operating equipment that meet the proposed standards
(consisting primarily of operating cost savings from using less energy,
minus increases in equipment purchase costs, and (2) the annualized
monetary value of the climate and health benefits from emission
reductions.
Table III.4 shows the annualized values for ACUACs and ACUHPs under
the Recommended TSL (TSL 3), expressed in 2022$. 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, and the 3-percent discount rate case for climate benefits
from reduced GHG emissions, the estimated cost of the proposed
standards for ACUACs and ACUHPs is $481.3 million per year in increased
equipment costs, while the estimated annual benefits are $944.7 million
in reduced equipment operating costs, $279.2 million in climate
benefits, and $317.1 million in health benefits. In this case, the net
benefit would amount to $1.1 billion per year.
Using a 3-percent discount rate for all benefits and costs, the
estimated cost of the proposed standards for ACUACs and ACUHPs is
$493.2 million per year in increased equipment costs, while the
estimated annual benefits are $1371.6 billion in reduced operating
costs, $279.2 million in climate benefits, and $507.9 million in health
benefits. In this case, the net benefit would amount to $1.7 billion
per year.
[[Page 43782]]
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[[Page 43783]]
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IV. Public Participation
A. Submission of Comments
DOE will accept comments, data, and information regarding this
proposed rule unit the date provided in the DATES section at the
beginning of this proposed rule. Interested parties may submit
comments, data, and other information using any of the methods
described in the ADDRESSES section at the beginning of this document.
Comments relating to the direct final rule published elsewhere in this
issue of the Federal Register should be submitted as instructed
therein.
Submitting comments via <a href="http://www.regulations.gov">www.regulations.gov</a>. The
<a href="http://www.regulations.gov">www.regulations.gov</a> web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment itself or in any documents attached to your
comment. Any information that you do not want to be publicly viewable
should not be included in your comment, nor in any document attached to
your comment. Otherwise, persons viewing comments will see only first
and last names, organization names, correspondence containing comments,
and any documents submitted with the comments.
Do not submit to <a href="http://www.regulations.gov">www.regulations.gov</a> information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through <a href="http://www.regulations.gov">www.regulations.gov</a> cannot be claimed as CBI. Comments received
through the website will waive any CBI claims for the information
submitted. For information on submitting CBI, see the Confidential
Business Information section.
DOE processes submissions made through <a href="http://www.regulations.gov">www.regulations.gov</a> before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that <a href="http://www.regulations.gov">www.regulations.gov</a>
provides after you have successfully uploaded your comment.
Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to <a href="http://www.regulations.gov">www.regulations.gov</a>. If
you do not want your personal contact information to be publicly
viewable, do not include it in your comment or any accompanying
documents. Instead, provide your contact information in a cover letter.
Include your first and last names, email address, telephone number, and
optional mailing address. The cover letter will not be publicly
viewable as long as it does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible, in which case it is not necessary to submit printed copies.
No telefacsimiles (``faxes'') will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, that are written in English, and that are free of any
defects or viruses. Documents should not contain special characters or
any form of encryption and, if possible, they should carry the
electronic signature of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email two well-marked copies: one copy of the document marked
``confidential'' including all the information believed to be
confidential, and one copy of the document marked ``non-confidential''
with the information believed to be confidential deleted. DOE will make
its own determination about the confidential status of the information
and treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
[[Page 43784]]
B. Public Meeting
As stated previously, if DOE withdraws the direct final rule
published elsewhere in this issue of the Federal Register pursuant to
42 U.S.C. 6316(b)(1) and 42 U.S.C. 6295(p)(4)(C), DOE will hold a
public meeting to allow for additional comment on this proposed rule.
DOE will publish notice of any meeting in the Federal Register.
V. Procedural Issues and Regulatory Review
The regulatory reviews conducted for this proposed rule are
identical to those conducted for the direct final rule published
elsewhere in this issue of the Federal Register. Please see the direct
final rule for further details.
A. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (``IRFA'')
and a final regulatory flexibility analysis (``FRFA'') for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. As required
by E.O. 13272, ``Proper Consideration of Small Entities in Agency
Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published procedures
and policies on February 19, 2003, to ensure that the potential impacts
of its rules on small entities are properly considered during the
rulemaking process. 68 FR 7990. DOE has made its procedures and
policies available on the Office of the General Counsel's website
(<a href="http://www.energy.gov/gc/office-general-counsel">www.energy.gov/gc/office-general-counsel</a>).
For manufacturers of ACUACs and ACUHPs, the Small Business
Administration (``SBA'') has set a size threshold, which defines those
entities classified as ``small businesses'' for the purposes of the
statute. DOE used the SBA's small business size standards to determine
whether any small entities would be subject to the requirements of the
rule. (See 13 CFR part 121.) The size standards are listed by North
American Industry Classification System (``NAICS'') code and industry
description and are available at <a href="http://www.sba.gov/document/support--table-size-standards">www.sba.gov/document/support--table-size-standards</a>. Manufacturing of ACUACs and ACUHPs is classified under
NAICS 333415, ``Air Conditioning and Warm Air Heating Equipment and
Commercial and Industrial Refrigeration Equipment Manufacturing.'' The
SBA sets a threshold of 1,250 employees or fewer for an entity to be
considered as a small business for this category.
To estimate the number of companies that could be small business
manufacturers of ACUACs and ACUHPs, DOE conducted a market survey using
public information and subscription-based company reports to identify
potential small business manufacturers. DOE reviewed its Compliance
Certification Database,\8\ the California Energy Commission's
Modernized Appliance Efficiency Database System,\9\ the ENERGY STAR
Product Finder dataset,\10\ individual company websites, import/export
logs (e.g., ImportYeti \11\), and equipment specifications to create a
list of companies that manufacture, produce, import, or private label
the equipment covered by this proposed rulemaking. DOE further relied
on public information and market research tools (e.g., reports from Dun
and Bradstreet \12\) to determine company structure, location,
headcount, and annual revenue. DOE screened out companies that do not
offer the equipment covered by this proposed rulemaking, do not meet
the SBA's definition of a ``small business,'' or are foreign-owned and
operated.
---------------------------------------------------------------------------
\8\ U.S. Department of Energy's Compliance Certification
Database is available at <a href="http://regulations.doe.gov/certification-data">regulations.doe.gov/certification-data</a>
(last accessed March 30, 2023).
\9\ California Energy Commission's Modernized Appliance
Efficiency Database System is available at
<a href="http://cacertappliances.energy.ca.gov/Pages/Search/AdvancedSearch.aspx">cacertappliances.energy.ca.gov/Pages/Search/AdvancedSearch.aspx</a>
(last accessed Nov. 28, 2023).
\10\ ENERGY STAR Product Finder is available at
<a href="http://www.energystar.gov/productfinder">www.energystar.gov/productfinder</a> (last accessed Nov. 28, 2023).
\11\ ImportYeti login is available at <a href="http://www.importyeti.com/">www.importyeti.com/</a> (last
accessed Jan. 11, 2024).
\12\ The Dun & Bradstreet subscription login is available at
<a href="http://app.dnbhoovers.com">app.dnbhoovers.com</a> (last accessed Jan. 11, 2024).
---------------------------------------------------------------------------
DOE identified nine original equipment manufacturers (``OEMs'')
that sell ACUACs and ACUHPs in the United States. Of these nine OEMs,
DOE determined none of them qualify as a domestic small business
manufacturer of ACUACs or ACUHPs. Given the lack of small domestic OEMs
with a direct compliance burden, DOE tentatively concludes and
certifies that this proposed rule would not have ``a significant impact
on a substantial number of small entities,'' and that the preparation
of an IRFA is not warranted.
DOE will transmit the certification and supporting statement of
factual basis to the Chief Counsel for Advocacy of the Small Business
Administration for review under 5 U.S.C. 605(b).
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this notice of
proposed rulemaking.
List of Subjects in 10 CFR Part 431
Administrative practice and procedure, Confidential business
information, Energy conservation, Reporting and recordkeeping
requirements.
Signing Authority
This document of the Department of Energy was signed on April 12,
2024, by Jeffrey Marootian, Principal Deputy Assistant Secretary for
Energy Efficiency and Renewable Energy, pursuant to delegated authority
from the Secretary of Energy. That document with the original signature
and date is maintained by DOE. For administrative purposes only, and in
compliance with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on April 17, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons set forth in the preamble, DOE proposes to amend
part 431 of chapter II, subchapter D, of title 10 of the Code of
Federal Regulations, as set forth below:
PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 431 continues to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
0
2. Revise Sec. 431.97 to read as follows:
Sec. 431.97 Energy efficiency standards and their compliance dates.
(a) All basic models of commercial package air conditioning and
heating equipment must be tested for performance using the applicable
DOE test procedure in Sec. 431.96, be compliant with the applicable
standards set forth in paragraphs (b) through (i) of this section, and
be certified to the Department under 10 CFR part 429.
[[Page 43785]]
(b) Each air-cooled commercial package air conditioning and heating
equipment (excluding air-cooled equipment with cooling capacity less
than 65,000 Btu/h and double-duct air conditioners or heat pumps)
manufactured on or after January 1, 2023, and before January 1, 2029,
must meet the applicable minimum energy efficiency standard level(s)
set forth in table 1 to this paragraph (b). Each air-cooled commercial
package air conditioning and heating equipment (excluding air-cooled
equipment with cooling capacity less than 65,000 Btu/h and double-duct
air conditioners or heat pumps) manufactured on or after January 1,
2029, must meet the applicable minimum energy efficiency standard
level(s) set forth in table 2 to this paragraph (b). Each water-cooled
commercial package air conditioning and heating equipment manufactured
on or after the compliance date listed in table 3 to this paragraph (b)
must meet the applicable minimum energy efficiency standard level(s)
set forth in table 3. Each evaporatively-cooled commercial air
conditioning and heating equipment manufactured on or after the
compliance date listed in table 4 to this paragraph (b) must meet the
applicable minimum energy efficiency standard level(s) set forth in
table 4. Each double-duct air conditioner or heat pump manufactured on
or after January 1, 2010, must meet the applicable minimum energy
efficiency standard level(s) set forth in table 5 to this paragraph
(b).
Table 1 to Paragraph (b)--Minimum Efficiency Standards for Air-Cooled Commercial Package Air Conditioning and Heating Equipment With a Cooling Capacity
Greater Than or Equal to 65,000 Btu/h
[Excluding double-duct air-conditioners and heat pumps]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Air-Cooled Commercial Package Air Conditioning and Heating Equipment with a Cooling Capacity Greater Than or Equal to 65,000 Btu/h (Excluding Double-
Duct Air Conditioners and Heat Pumps)
---------------------------------------------------------------------------------------------------------------------------------------------------------
Supplementary heating Compliance date: equipment
Cooling capacity Subcategory type Minimum efficiency \1\ manufactured starting on . . .
--------------------------------------------------------------------------------------------------------------------------------------------------------
>=65,000 Btu/h and <135,000 Btu/h.. AC......................... Electric Resistance IEER = 14.8................ January 1, 2023.
Heating or No Heating.
>=65,000 Btu/h and <135,000 Btu/h.. AC......................... All Other Types of IEER = 14.6................ January 1, 2023.
Heating.
>=65,000 Btu/h and <135,000 Btu/h.. HP......................... Electric Resistance IEER = 14.1................ January 1, 2023.
Heating or No Heating. COP = 3.4..................
>=65,000 Btu/h and <135,000 Btu/h.. HP......................... All Other Types of IEER = 13.9................ January 1, 2023.
Heating. COP = 3.4..................
>=135,000 Btu/h and <240,000 Btu/h. AC......................... Electric Resistance IEER = 14.2................ January 1, 2023.
Heating or No Heating.
>=135,000 Btu/h and <240,000 Btu/h. AC......................... All Other Types of IEER = 14.0................ January 1, 2023.
Heating.
>=135,000 Btu/h and <240,000 Btu/h. HP......................... Electric Resistance IEER = 13.5................ January 1, 2023.
Heating or No Heating. COP = 3.3..................
>=135,000 Btu/h and <240,000 Btu/h. HP......................... All Other Types of IEER = 13.3................ January 1, 2023.
Heating. COP = 3.3..................
>=240,000 Btu/h and <760,000 Btu/h. AC......................... Electric Resistance IEER = 13.2................ January 1, 2023.
Heating or No Heating.
>=240,000 Btu/h and <760,000 Btu/h. AC......................... All Other Types of IEER = 13.0................ January 1, 2023.
Heating.
>=240,000 Btu/h and <760,000 Btu/h. HP......................... Electric Resistance IEER = 12.5................ January 1, 2023.
Heating or No Heating. COP = 3.2..................
>=240,000 Btu/h and <760,000 Btu/h. HP......................... All Other Types of IEER = 12.3................ January 1, 2023.
Heating. COP = 3.2..................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ See section 3 of appendix A to this subpart for the test conditions upon which the COP standards are based.
Table 2 to Paragraph (b)--Updated Minimum Efficiency Standards for Air-Cooled Commercial Package Air Conditioning and Heating Equipment With a Cooling
Capacity Greater Than or Equal to 65,000 Btu/h
[Excluding double-duct air-conditioners and heat pumps]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Air-Cooled Commercial Package Air Conditioning and Heating Equipment with a Cooling Capacity Greater Than or Equal to 65,000 Btu/h (Excluding Double-
Duct Air Conditioners and Heat Pumps)
---------------------------------------------------------------------------------------------------------------------------------------------------------
Supplementary heating Compliance date: equipment
Cooling capacity Subcategory type Minimum efficiency manufactured starting on . . .
--------------------------------------------------------------------------------------------------------------------------------------------------------
>=65,000 Btu/h and <135,000 Btu/h.. AC......................... Electric Resistance IVEC = 14.3................ January 1, 2029.
Heating or No Heating.
>=65,000 Btu/h and <135,000 Btu/h.. AC......................... All Other Types of IVEC = 13.8................ January 1, 2029.
Heating.
>=65,000 Btu/h and <135,000 Btu/h.. HP......................... All Types of Heating.. IVEC = 13.4................ January 1, 2029.
IVHE = 6.2.................
>=135,000 Btu/h and <240,000 Btu/h. AC......................... Electric Resistance IVEC = 13.8................ January 1, 2029.
Heating or No Heating.
>=135,000 Btu/h and <240,000 Btu/h. AC......................... All Other Types of IVEC = 13.3................ January 1, 2029.
Heating.
>=135,000 Btu/h and <240,000 Btu/h. HP......................... All Types of Heating.. IVEC = 13.1................ January 1, 2029.
IVHE = 6.0.................
>=240,000 Btu/h and <760,000 Btu/h. AC......................... Electric Resistance IVEC = 12.9................ January 1, 2029.
Heating or No Heating.
>=240,000 Btu/h and <760,000 Btu/h. AC......................... All Other Types of IVEC = 12.2................ January 1, 2029.
Heating.
>=240,000 Btu/h and <760,000 Btu/h. HP......................... All Types of Heating.. IVEC = 12.1................ January 1, 2029.
IVHE = 5.8.................
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 43786]]
Table 3 to Paragraph (b)--Minimum Cooling Efficiency Standards for Water-Cooled Commercial Package Air
Conditioning Equipment
----------------------------------------------------------------------------------------------------------------
Water-Cooled Commercial Package Air Conditioning Equipment
-----------------------------------------------------------------------------------------------------------------
Supplementary Compliance date: equipment
Cooling capacity heating type Minimum efficiency manufactured starting on . . .
----------------------------------------------------------------------------------------------------------------
<65,000 Btu/h.................... All................ EER = 12.1.............. October 29, 2003.
>=65,000 Btu/h and <135,000 Btu/h No Heating or EER = 12.1.............. June 1, 2013.
Electric
Resistance Heating.
>=65,000 Btu/h and <135,000 Btu/h All Other Types of EER = 11.9.............. June 1, 2013.
Heating.
>=135,000 Btu/h and <240,000 Btu/ No Heating or EER = 12.5.............. June 1, 2014.
h. Electric
Resistance Heating.
>=135,000 Btu/h and <240,000 Btu/ All Other Types of EER = 12.3.............. June 1, 2014.
h. Heating.
>=240,000 Btu/h and <760,000 Btu/ No Heating or EER = 12.4.............. June 1, 2014.
h. Electric
Resistance Heating.
>=240,000 Btu/h and <760,000 Btu/ All Other Types of EER = 12.2.............. June 1, 2014.
h. Heating.
----------------------------------------------------------------------------------------------------------------
Table 4 to Paragraph (b)--Minimum Cooling Efficiency Standards for Evaporatively-Cooled Commercial Package Air
Conditioning Equipment
----------------------------------------------------------------------------------------------------------------
Evaporatively-Cooled Commercial Package Air Conditioning Equipment
-----------------------------------------------------------------------------------------------------------------
Supplementary Compliance date: equipment
Cooling capacity heating type Minimum efficiency manufactured starting on . . .
----------------------------------------------------------------------------------------------------------------
<65,000 Btu/h.................... All................ EER = 12.1.............. October 29, 2003.
>=65,000 Btu/h and <135,000 Btu/h No Heating or EER = 12.1.............. June 1, 2013.
Electric
Resistance Heating.
>=65,000 Btu/h and <135,000 Btu/h All Other Types of EER = 11.9.............. June 1, 2013.
Heating.
>=135,000 Btu/h and <240,000 Btu/ No Heating or EER = 12.0.............. June 1, 2014.
h. Electric
Resistance Heating.
>=135,000 Btu/h and <240,000 Btu/ All Other Types of EER = 11.8.............. June 1, 2014.
h. Heating.
>=240,000 Btu/h and <760,000 Btu/ No Heating or EER = 11.9.............. June 1, 2014.
h. Electric
Resistance Heating.
>=240,000 Btu/h and <760,000 Btu/ All Other Types of EER = 11.7.............. June 1, 2014.
h. Heating.
----------------------------------------------------------------------------------------------------------------
Table 5 to Paragraph (b)--Minimum Efficiency Standards for Double-Duct Air Conditioners or Heat Pumps
--------------------------------------------------------------------------------------------------------------------------------------------------------
Double-Duct Air Conditioners or Heat Pumps
---------------------------------------------------------------------------------------------------------------------------------------------------------
Supplementary heating Compliance date: equipment
Cooling capacity Subcategory type Minimum efficiency \1\ manufactured starting on . . .
--------------------------------------------------------------------------------------------------------------------------------------------------------
>=65,000 Btu/h and <135,000 Btu/h.. AC......................... Electric Resistance EER = 11.2................. January 1, 2010.
Heating or No Heating.
>=65,000 Btu/h and <135,000 Btu/h.. AC......................... All Other Types of EER = 11.0................. January 1, 2010.
Heating.
>=65,000 Btu/h and <135,000 Btu/h.. HP......................... Electric Resistance EER = 11.0................. January 1, 2010.
Heating or No Heating. COP = 3.3..................
>=65,000 Btu/h and <135,000 Btu/h.. HP......................... All Other Types of EER = 10.8................. January 1, 2010.
Heating. COP = 3.3..................
>=135,000 Btu/h and <240,000 Btu/h. AC......................... Electric Resistance EER = 11.0................. January 1, 2010.
Heating or No Heating.
>=135,000 Btu/h and <240,000 Btu/h. AC......................... All Other Types of EER = 10.8................. January 1, 2010.
Heating.
>=135,000 Btu/h and <240,000 Btu/h. HP......................... Electric Resistance EER = 10.6................. January 1, 2010.
Heating or No Heating. COP = 3.2..................
>=135,000 Btu/h and <240,000 Btu/h. HP......................... All Other Types of EER = 10.4................. January 1, 2010.
Heating. COP = 3.2..................
>=240,000 Btu/h and <300,000 Btu/h. AC......................... Electric Resistance EER = 10.0................. January 1, 2010.
Heating or No Heating.
>=240,000 Btu/h and <300,000 Btu/h. AC......................... All Other Types of EER = 9.8.................. January 1, 2010.
Heating.
>=240,000 Btu/h and <300,000 Btu/h. HP......................... Electric Resistance EER = 9.5.................. January 1, 2010.
Heating or No Heating. COP = 3.2..................
>=240,000 Btu/h and <300,000 Btu/h. HP......................... All Other Types of EER = 9.3.................. January 1, 2010.
Heating. COP = 3.2..................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ See section 3 of appendix A to this subpart for the test conditions upon which the COP standards are based.
(c) Each water-source heat pump manufactured starting on the
compliance date listed in table 6 to this paragraph (c) must meet the
applicable minimum energy efficiency standard level(s) set forth in
this paragraph (c).
[[Page 43787]]
Table 6 to Paragraph (c)--Minimum Efficiency Standards for Water-Source
Heat Pumps
[Water-to-air, water-loop]
------------------------------------------------------------------------
Water-Source Heat Pumps (Water-to-Air, Water-Loop)
-------------------------------------------------------------------------
Compliance date:
equipment
Cooling capacity Minimum efficiency manufactured
starting on . .
.
------------------------------------------------------------------------
<17,000 Btu/h................. EER = 12.2............ October 9, 2015.
COP = 4.3.............
>=17,000 Btu/h and <65,000 Btu/ EER = 13.0............ October 9, 2015.
h. COP = 4.3.............
>=65,000 Btu/h and <135,000 EER = 13.0............ October 9, 2015.
Btu/h. COP = 4.3.............
------------------------------------------------------------------------
(d) Each non-standard size packaged terminal air conditioner (PTAC)
and packaged terminal heat pump (PTHP) manufactured on or after October
7, 2010, must meet the applicable minimum energy efficiency standard
level(s) set forth in table 7 to this paragraph (d). Each standard size
PTAC manufactured on or after October 8, 2012, and before January 1,
2017, must meet the applicable minimum energy efficiency standard
level(s) set forth in table 7. Each standard size PTHP manufactured on
or after October 8, 2012, must meet the applicable minimum energy
efficiency standard level(s) set forth in table 7. Each standard size
PTAC manufactured on or after January 1, 2017, must meet the applicable
minimum energy efficiency standard level(s) set forth in table 8 to
this paragraph (d).
Table 7 to Paragraph (d)--Minimum Efficiency Standards for PTAC and PTHP
----------------------------------------------------------------------------------------------------------------
Compliance date: products
Equipment type Category Cooling capacity Minimum manufactured on and after .
efficiency . .
----------------------------------------------------------------------------------------------------------------
PTAC................... Standard Size..... <7,000 Btu/h...... EER = 11.7....... October 8, 2012.\2\
>=7,000 Btu/h and EER = 13.8-(0.3 x October 8, 2012.\2\
<=15,000 Btu/h. Cap \1\).
>15,000 Btu/h..... EER = 9.3........ October 8, 2012.\2\
Non-Standard Size. <7,000 Btu/h...... EER = 9.4........ October 7, 2010.
>=7,000 Btu/h and EER = 10.9-(0.213 October 7, 2010.
<=15,000 Btu/h. x Cap \1\).
>15,000 Btu/h..... EER = 7.7........ October 7, 2010.
PTHP................... Standard Size..... <7,000 Btu/h...... EER = 11.9....... October 8, 2012.
COP = 3.3........
>=7,000 Btu/h and EER = 14.0-(0.3 x October 8, 2012.
<=15,000 Btu/h. Cap \1\).
COP = 3.7-(0.052
x Cap \1\)..
>15,000 Btu/h..... EER = 9.5........ October 8, 2012.
COP = 2.9........
Non-Standard Size. <7,000 Btu/h...... EER = 9.3........ October 7, 2010.
COP = 2.7........
>=7,000 Btu/h and EER = 10.8-(0.213 October 7, 2010.
<=15,000 Btu/h. x Cap \1\).
COP = 2.9-(0.026
x Cap \1\)..
>15,000 Btu/h..... EER = 7.6........ October 7, 2010.
COP = 2.5........
----------------------------------------------------------------------------------------------------------------
\1\ ``Cap'' means cooling capacity in thousand Btu/h at 95 [deg]F outdoor dry-bulb temperature.
\2\ And manufactured before January 1, 2017. See table 8 to this paragraph (d) for updated efficiency standards
that apply to this category of equipment manufactured on and after January 1, 2017.
Table 8 to Paragraph (d)--Updated Minimum Efficiency Standards for PTAC
----------------------------------------------------------------------------------------------------------------
Compliance date: products
Equipment type Category Cooling capacity Minimum manufactured on and after .
efficiency . .
----------------------------------------------------------------------------------------------------------------
PTAC................... Standard Size..... <7,000 Btu/h...... EER = 11.9....... January 1, 2017.
>=7,000 Btu/h and EER = 14.0-(0.3 x January 1, 2017.
<=15,000 Btu/h. Cap \1\).
>15,000 Btu/h..... EER = 9.5........ January 1, 2017.
----------------------------------------------------------------------------------------------------------------
\1\ ``Cap'' means cooling capacity in thousand Btu/h at 95 [deg]F outdoor dry-bulb temperature.
(e)(1) Each single package vertical air conditioner and single
package vertical heat pump manufactured on or after January 1, 2010,
but before October 9, 2015 (for models >=65,000 Btu/h and <135,000 Btu/
h), or October 9, 2016 (for models >=135,000 Btu/h and <240,000 Btu/h),
must meet the applicable minimum energy conservation standard level(s)
set forth in this paragraph (e)(1).
[[Page 43788]]
Table 9 to Paragraph (e)(1)--Minimum Efficiency Standards for Single Package Vertical Air Conditioners and
Single Package Vertical Heat Pumps
----------------------------------------------------------------------------------------------------------------
Compliance date:
Equipment type Cooling capacity Subcategory Efficiency level products manufactured on
and after . . .
----------------------------------------------------------------------------------------------------------------
Single package vertical air <65,000 Btu/h... AC............... EER = 9.0........ January 1, 2010.
conditioners and single HP............... EER = 9.0........ January 1, 2010.
package vertical heat pumps, COP = 3.0........
single-phase and three-phase.
Single package vertical air >=65,000 Btu/h AC............... EER = 8.9........ January 1, 2010.
conditioners and single and <135,000 HP............... EER = 8.9........ January 1, 2010.
package vertical heat pumps. Btu/h. COP = 3.0........
Single package vertical air >=135,000 Btu/h AC............... EER = 8.6........ January 1, 2010.
conditioners and single and <240,000 HP............... EER = 8.6........ January 1, 2010.
package vertical heat pumps. Btu/h. COP = 2.9........
----------------------------------------------------------------------------------------------------------------
(2) Each single package vertical air conditioner and single package
vertical heat pump manufactured on and after October 9, 2015 (for
models >=65,000 Btu/h and <135,000 Btu/h), or October 9, 2016 (for
models >=135,000 Btu/h and <240,000 Btu/h), but before September 23,
2019, must meet the applicable minimum energy conservation standard
level(s) set forth in this paragraph (e)(2).
Table 10 to Paragraph (e)(2)--Minimum Efficiency Standards for Single Package Vertical Air Conditioners and
Single Package Vertical Heat Pumps
----------------------------------------------------------------------------------------------------------------
Compliance date:
Equipment type Cooling capacity Subcategory Efficiency level products manufactured on
and after . . .
----------------------------------------------------------------------------------------------------------------
Single package vertical air <65,000 Btu/h... AC............... EER = 9.0........ January 1, 2010.
conditioners and single HP............... EER = 9.0........ January 1, 2010.
package vertical heat pumps, COP = 3.0........
single-phase and three-phase.
Single package vertical air >=65,000 Btu/h AC............... EER = 10.0....... October 9, 2015.
conditioners and single and <135,000 HP............... EER = 10.0....... October 9, 2015.
package vertical heat pumps. Btu/h. COP = 3.0........
Single package vertical air >=135,000 Btu/h AC............... EER = 10.0....... October 9, 2016.
conditioners and single and <240,000 HP............... EER = 10.0....... October 9, 2016.
package vertical heat pumps. Btu/h. COP = 3.0........
----------------------------------------------------------------------------------------------------------------
(3) Each single package vertical air conditioner and single package
vertical heat pump manufactured on and after September 23, 2019, must
meet the applicable minimum energy conservation standard level(s) set
forth in this paragraph (e)(3).
Table 11 to Paragraph (e)(3)--Updated Minimum Efficiency Standards for Single Package Vertical Air Conditioners
and Single Package Vertical Heat Pumps
----------------------------------------------------------------------------------------------------------------
Compliance date:
Equipment type Cooling capacity Subcategory Efficiency level products manufactured on
and after . . .
----------------------------------------------------------------------------------------------------------------
Single package vertical air <65,000 Btu/h... AC............... EER = 11.0....... September 23, 2019.
conditioners and single HP............... EER = 11.0....... September 23, 2019.
package vertical heat pumps, COP = 3.3........
single-phase and three-phase.
Single package vertical air >=65,000 Btu/h AC............... EER = 10.0....... October 9, 2015.
conditioners and single and <135,000 HP............... EER = 10.0....... October 9, 2015.
package vertical heat pumps. Btu/h. COP = 3.0........
Single package vertical air >=135,000 Btu/h AC............... EER = 10.0....... October 9, 2016.
conditioners and single and <240,000 HP............... EER = 10.0....... October 9, 2016.
package vertical heat pumps. Btu/h. COP = 3.0........
----------------------------------------------------------------------------------------------------------------
(f)(1) Each computer room air conditioner with a net sensible
cooling capacity less than 65,000 Btu/h manufactured on or after
October 29, 2012, and before May 28, 2024 and each computer room air
conditioner with a net sensible cooling capacity greater than or equal
to 65,000 Btu/h and less than 760,000 Btu/h manufactured on or after
October 29, 2013, and before May 28, 2024 must meet the applicable
minimum energy efficiency standard level(s) set forth in this paragraph
(f)(1).
[[Page 43789]]
Table 12 to Paragraph (f)(1)--Minimum Efficiency Standards for Computer Room Air Conditioners
----------------------------------------------------------------------------------------------------------------
Minimum SCOP efficiency
Equipment type Net sensible cooling capacity ----------------------------
Downflow Upflow
----------------------------------------------------------------------------------------------------------------
Air-Cooled..................................... <65,000 Btu/h..................... 2.20 2.09
>=65,000 Btu/h and <240,000 Btu/h. 2.10 1.99
>=240,000 Btu/h and <760,000 Btu/h 1.90 1.79
Water-Cooled................................... <65,000 Btu/h..................... 2.60 2.49
>=65,000 Btu/h and <240,000 Btu/h. 2.50 2.39
>=240,000 Btu/h and <760,000 Btu/h 2.40 2.29
Water-Cooled with Fluid Economizer............. <65,000 Btu/h..................... 2.55 2.44
>=65,000 Btu/h and <240,000 Btu/h. 2.45 2.34
>=240,000 Btu/h and <760,000 Btu/h 2.35 2.24
Glycol-Cooled.................................. <65,000 Btu/h..................... 2.50 2.39
>=65,000 Btu/h and <240,000 Btu/h. 2.15 2.04
>=240,000 Btu/h and <760,000 Btu/h 2.10 1.99
Glycol-Cooled with Fluid Economizer............ <65,000 Btu/h..................... 2.45 2.34
>=65,000 Btu/h and <240,000 Btu/h. 2.10 1.99
>=240,000 Btu/h and <760,000 Btu/h 2.05 1.94
----------------------------------------------------------------------------------------------------------------
(2) Each computer room air conditioner manufactured on or after May
28, 2024, must meet the applicable minimum energy efficiency standard
level(s) set forth in this paragraph (f)(2).
Table 13 to Paragraph (f)(2)--Updated Minimum Efficiency Standards for Floor-Mounted Computer Room Air
Conditioners
----------------------------------------------------------------------------------------------------------------
Downflow and upflow ducted Upflow non-ducted and horizontal flow
----------------------------------------------------------------------------------
Minimum NSenCOP Minimum NSenCOP
Equipment type efficiency Net sensible efficiency
Net sensible ------------------------ cooling -----------------------
cooling capacity Upflow capacity Upflow Horizontal
Downflow ducted non-ducted flow
----------------------------------------------------------------------------------------------------------------
Air-Cooled................... <80,000 Btu/h... 2.70 2.67 <65,000 Btu/h.. 2.16 2.65
>=80,000 Btu/h 2.58 2.55 >=65,000 Btu/h 2.04 2.55
and <295,000 and <240,000
Btu/h. Btu/h.
>=295,000 Btu/h 2.36 2.33 >=240,000 Btu/h 1.89 2.47
and <930,000 and <760,000
Btu/h. Btu/h.
Air-Cooled with Fluid <80,000 Btu/h... 2.70 2.67 <65,000 Btu/h.. 2.09 2.65
Economizer.
>=80,000 Btu/h 2.58 2.55 >=65,000 Btu/h 1.99 2.55
and <295,000 and <240,000
Btu/h. Btu/h.
>=295,000 Btu/h 2.36 2.33 >=240,000 Btu/h 1.81 2.47
and <930,000 and <760,000
Btu/h. Btu/h.
Water-Cooled................. <80,000 Btu/h... 2.82 2.79 <65,000 Btu/h.. 2.43 2.79
>=80,000 Btu/h 2.73 2.70 >=65,000 Btu/h 2.32 2.68
and <295,000 and <240,000
Btu/h. Btu/h.
>=295,000 Btu/h 2.67 2.64 >=240,000 Btu/h 2.20 2.60
and <930,000 and <760,000
Btu/h. Btu/h.
Water-Cooled with Fluid <80,000 Btu/h... 2.77 2.74 <65,000 Btu/h.. 2.35 2.71
Economizer.
>=80,000 Btu/h 2.68 2.65 >=65,000 Btu/h 2.24 2.60
and <295,000 and <240,000
Btu/h. Btu/h.
>=295,000 Btu/h 2.61 2.58 >=240,000 Btu/h 2.12 2.54
and <930,000 and <760,000
Btu/h. Btu/h.
Glycol-Cooled................ <80,000 Btu/h... 2.56 2.53 <65,000 Btu/h.. 2.08 2.48
>=80,000 Btu/h 2.24 2.21 >=65,000 Btu/h 1.90 2.18
and <295,000 and <240,000
Btu/h. Btu/h.
>=295,000 Btu/h 2.21 2.18 >=240,000 Btu/h 1.81 2.18
and <930,000 and <760,000
Btu/h. Btu/h.
Glycol-Cooled with Fluid <80,000 Btu/h... 2.51 2.48 <65,000 Btu/h.. 2.00 2.44
Economizer.
>=80,000 Btu/h 2.19 2.16 >=65,000 Btu/h 1.82 2.10
and <295,000 and <240,000
Btu/h. Btu/h.
>=295,000 Btu/h 2.15 2.12 >=240,000 Btu/h 1.73 2.10
and <930,000 and <760,000
Btu/h. Btu/h.
----------------------------------------------------------------------------------------------------------------
Table 14 to Paragraph (f)(2)--Minimum Efficiency Standards for Ceiling-Mounted Computer Room Air Conditioners
----------------------------------------------------------------------------------------------------------------
Minimum SCOP efficiency
Equipment type Net sensible cooling capacity ----------------------------
Ducted Non-ducted
----------------------------------------------------------------------------------------------------------------
Air-Cooled with Free Air Discharge Condenser... <29,000 Btu/h..................... 2.05 2.08
>=29,000 Btu/h and <65,000 Btu/h.. 2.02 2.05
>=65,000 Btu/h and <760,000 Btu/h. 1.92 1.94
Air-Cooled with Free Air Discharge Condenser <29,000 Btu/h..................... 2.01 2.04
and Fluid Economizer.
>=29,000 Btu/h and <65,000 Btu/h.. 1.97 2
>=65,000 Btu/h and <760,000 Btu/h. 1.87 1.89
Air-Cooled with Ducted Condenser............... <29,000 Btu/h..................... 1.86 1.89
[[Page 43790]]
>=29,000 Btu/h and <65,000 Btu/h.. 1.83 1.86
>=65,000 Btu/h and <760,000 Btu/h. 1.73 1.75
Air-Cooled with Fluid Economizer and Ducted <29,000 Btu/h..................... 1.82 1.85
Condenser.
>=29,000 Btu/h and <65,000 Btu/h.. 1.78 1.81
>=65,000 Btu/h and <760,000 Btu/h. 1.68 1.7
Water-Cooled................................... <29,000 Btu/h..................... 2.38 2.41
>=29,000 Btu/h and <65,000 Btu/h.. 2.28 2.31
>=65,000 Btu/h and <760,000 Btu/h. 2.18 2.2
Water-Cooled with Fluid Economizer............. <29,000 Btu/h..................... 2.33 2.36
>=29,000 Btu/h and <65,000 Btu/h.. 2.23 2.26
>=65,000 Btu/h and <760,000 Btu/h. 2.13 2.16
Glycol-Cooled.................................. <29,000 Btu/h..................... 1.97 2
>=29,000 Btu/h and <65,000 Btu/h.. 1.93 1.98
>=65,000 Btu/h and <760,000 Btu/h. 1.78 1.81
Glycol-Cooled with Fluid Economizer............ <29,000 Btu/h..................... 1.92 1.95
>=29,000 Btu/h and <65,000 Btu/h.. 1.88 1.93
>=65,000 Btu/h and <760,000 Btu/h. 1.73 1.76
----------------------------------------------------------------------------------------------------------------
(g)(1) Each variable refrigerant flow air conditioner or heat pump
manufactured on or after the compliance date listed in table 15 to this
paragraph (g)(1) and prior to January 1, 2024, must meet the applicable
minimum energy efficiency standard level(s) set forth in this paragraph
(g)(1).
Table 15 to Paragraph (g)(1)--Minimum Efficiency Standards for Variable Refrigerant Flow Multi-Split Air Conditioners and Heat Pumps
--------------------------------------------------------------------------------------------------------------------------------------------------------
Compliance date: equipment
Equipment type Cooling capacity Heating type \1\ Efficiency level manufactured on and after . . .
--------------------------------------------------------------------------------------------------------------------------------------------------------
VRF Multi-Split Air Conditioners >=65,000 Btu/h and No Heating or 11.2 EER............................ January 1, 2010.
(Air-Cooled). <135,000 Btu/h. Electric Resistance
Heating.
All Other Types of 11.0 EER............................ January 1, 2010.
Heating.
>=135,000 Btu/h and No Heating or 11.0 EER............................ January 1, 2010.
<240,000 Btu/h. Electric Resistance
Heating.
All Other Types of 10.8 EER............................ January 1, 2010.
Heating.
>=240,000 Btu/h and No Heating or 10.0 EER............................ January 1, 2010.
<760,000 Btu/h. Electric Resistance
Heating.
All Other Types of 9.8 EER............................. January 1, 2010.
Heating.
VRF Multi-Split Heat Pumps (Air- >=65,000 Btu/h and No Heating or 11.0 EER, 3.3 COP................... January 1, 2010.
Cooled). <135,000 Btu/h. Electric Resistance
Heating.
All Other Types of 10.8 EER, 3.3 COP................... January 1, 2010.
Heating.
>=135,000 Btu/h and No Heating or 10.6 EER, 3.2 COP................... January 1, 2010.
<240,000 Btu/h. Electric Resistance
Heating.
All Other Types of 10.4 EER, 3.2 COP................... January 1, 2010.
Heating.
>=240,000 Btu/h and No Heating or 9.5 EER, 3.2 COP.................... January 1, 2010.
<760,000 Btu/h. Electric Resistance
Heating.
All Other Types of 9.3 EER, 3.2 COP.................... January 1, 2010.
Heating.
VRF Multi-Split Heat Pumps (Water- <17,000 Btu/h........ Without Heat Recovery 12.0 EER............................ October 29, 2012.
Source). 4.2 COP............................. October 29, 2003.
With Heat Recovery... 11.8 EER............................ October 29, 2012.
4.2 COP............................. October 29, 2003.
>=17,000 Btu/h and All.................. 12.0 EER, 4.2 COP................... October 29, 2003.
<65,000 Btu/h.
>=65,000 Btu/h and All.................. 12.0 EER, 4.2 COP................... October 29, 2003.
<135,000 Btu/h.
>=135,000 Btu/h and Without Heat Recovery 10.0 EER, 3.9 COP................... October 29, 2013.
<760,000 Btu/h.
With Heat Recovery... 9.8 EER, 3.9 COP.................... October 29, 2013.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ VRF multi-split heat pumps (air-cooled) with heat recovery fall under the category of ``All Other Types of Heating'' unless they also have electric
resistance heating, in which case it falls under the category for ``No Heating or Electric Resistance Heating.''
(2) Each variable refrigerant flow air conditioner or heat pump
(except air-cooled systems with cooling capacity less than 65,000 Btu/
h) manufactured on or after January 1, 2024, must meet the applicable
minimum energy efficiency standard level(s) set forth in this paragraph
(g)(2).
[[Page 43791]]
Table 16 to Paragraph (g)(2)--Updated Minimum Efficiency Standards for Variable Refrigerant Flow Multi-Split Air
Conditioners and Heat Pumps
----------------------------------------------------------------------------------------------------------------
Equipment type Size category Heating type Minimum efficiency
----------------------------------------------------------------------------------------------------------------
VRF Multi-Split Air >=65,000 and All.................................. 15.5 IEER.
Conditioners (Air-Cooled). <135,000 Btu/h.
>=135,000 and All.................................. 14.9 IEER.
<240,000 Btu/h.
>=240,000 Btu/h All.................................. 13.9 IEER.
and <760,000
Btu/h.
VRF Multi-Split Heat Pumps >=65,000 and Heat Pump without Heat Recovery...... 14.6 IEER, 3.3 COP.
(Air-Cooled). <135,000 Btu/h.
Heat Pump with Heat Recovery......... 14.4 IEER, 3.3 COP.
>=135,000 and Heat Pump without Heat Recovery...... 13.9 IEER, 3.2 COP.
<240,000 Btu/h. Heat Pump with Heat Recovery......... 13.7 IEER, 3.2 COP.
>=240,000 Btu/h Heat Pump without Heat Recovery...... 12.7 IEER, 3.2 COP.
and <760,000 Heat Pump with Heat Recovery......... 12.5 IEER, 3.2 COP.
Btu/h.
VRF Multi-Split Heat Pumps <65,000 Btu/h.. Heat Pump without Heat Recovery...... 16.0 IEER, 4.3 COP.
(Water-Source). Heat Pump with Heat Recovery......... 15.8 IEER, 4.3 COP.
>=65,000 and Heat Pump without Heat Recovery...... 16.0 IEER, 4.3 COP.
<135,000 Btu/h. Heat Pump with Heat Recovery......... 15.8 IEER, 4.3 COP.
>=135,000 and Heat Pump without Heat Recovery...... 14.0 IEER, 4.0 COP.
<240,000 Btu/h. Heat Pump with Heat Recovery......... 13.8 IEER, 4.0 COP.
>=240,000 Btu/h Heat Pump without Heat Recovery...... 12.0 IEER, 3.9 COP.
and <760,000 Heat Pump with Heat Recovery......... 11.8 IEER, 3.9 COP.
Btu/h.
----------------------------------------------------------------------------------------------------------------
(h) Each direct expansion-dedicated outdoor air system manufactured
on or after the compliance date listed in table 17 to this paragraph
(h) must meet the applicable minimum energy efficiency standard
level(s) set forth in this paragraph (h).
Table 17 to Paragraph (h)--Minimum Efficiency Standards for Direct Expansion-Dedicated Outdoor Air Systems
----------------------------------------------------------------------------------------------------------------
Compliance date: equipment
Equipment category Subcategory Efficiency level manufactured starting on .
. .
----------------------------------------------------------------------------------------------------------------
Direct expansion-dedicated (AC)--Air-cooled ISMRE2 = 3.8.............. May 1, 2024.
outdoor air systems. without ventilation
energy recovery
systems.
(AC w/VERS)--Air- ISMRE2 = 5.0.............. May 1, 2024.
cooled with
ventilation energy
recovery systems.
(ASHP)--Air-source ISMRE2 = 3.8.............. May 1, 2024.
heat pumps without ISCOP2 = 2.05.............
ventilation energy
recovery systems.
(ASHP w/VERS)--Air- ISMRE2 = 5.0.............. May 1, 2024.
source heat pumps ISCOP2 = 3.20.............
with ventilation
energy recovery
systems.
(WC)--Water-cooled ISMRE2 = 4.7.............. May 1, 2024.
without ventilation
energy recovery
systems.
(WC w/VERS)--Water- ISMRE2 = 5.1.............. May 1, 2024.
cooled with
ventilation energy
recovery systems.
(WSHP)--Water-source ISMRE2 = 3.8.............. May 1, 2024.
heat pumps without ISCOP2 = 2.13.............
ventilation energy
recovery systems.
(WSHP w/VERS)--Water- ISMRE2 = 4.6.............. May 1, 2024.
source heat pumps ISCOP2 = 4.04.............
with ventilation
energy recovery
systems.
----------------------------------------------------------------------------------------------------------------
(i) Air-cooled, three-phase, commercial package air conditioning
and heating equipment with a cooling capacity of less than 65,000 Btu/h
and air-cooled, three-phase variable refrigerant flow multi-split air
conditioning and heating equipment with a cooling capacity of less than
65,000 Btu/h manufactured on or after the compliance date listed in
tables 18 and 19 to this paragraph (i) must meet the applicable minimum
energy efficiency standard level(s) set forth in this paragraph (i).
Table 18 to Paragraph (i)--Minimum Efficiency Standards for Air-Cooled, Three-Phase, Commercial Package Air
Conditioning and Heating Equipment With a Cooling Capacity of Less Than 65,000 Btu/h and Air-Cooled, Three-
Phase, Small Variable Refrigerant Flow Multi-Split Air Conditioning and Heating Equipment With a Cooling
Capacity of Less Than 65,000 Btu/h
----------------------------------------------------------------------------------------------------------------
Compliance date:
Equipment type Cooling capacity Subcategory Minimum equipment manufactured
efficiency starting on . . .
----------------------------------------------------------------------------------------------------------------
Commercial Package Air <65,000 Btu/h.... Split-System..... 13.0 SEER....... June 16, 2008.\1\
Conditioning Equipment.
Commercial Package Air <65,000 Btu/h.... Single-Package... 14.0 SEER....... January 1, 2017.\1\
Conditioning Equipment.
Commercial Package Air <65,000 Btu/h.... Split-System..... 14.0 SEER; 8.2 January 1, 2017.\1\
Conditioning and Heating HSPF.
Equipment.
Commercial Package Air <65,000 Btu/h.... Single-Package... 14.0 SEER; 8.0 January 1, 2017.\1\
Conditioning and Heating HSPF.
Equipment.
VRF Air Conditioners.......... <65,000 Btu/h.... ................. 13.0 SEER....... June 16, 2008.\1\
VRF Heat Pumps................ <65,000 Btu/h.... ................. 13.0 SEER; 7.7 June 16, 2008.\1\
HSPF.
----------------------------------------------------------------------------------------------------------------
\1\ And manufactured before January 1, 2025. For equipment manufactured on or after January 1, 2025, see table
19 to this paragraph (i) for updated efficiency standards.
[[Page 43792]]
Table 19 to Paragraph (i)--Updated Minimum Efficiency Standards for Air-Cooled, Three-Phase, Commercial Package
Air Conditioning and Heating Equipment With a Cooling Capacity of Less Than 65,000 Btu/h and Air-Cooled, Three-
Phase, Small Variable Refrigerant Flow Multi-Split Air Conditioning and Heating Equipment With a Cooling
Capacity of Less Than 65,000 Btu/h
----------------------------------------------------------------------------------------------------------------
Compliance date:
Equipment type Cooling capacity Subcategory Minimum equipment manufactured
efficiency starting on . . .
----------------------------------------------------------------------------------------------------------------
Commercial Package Air <65,000 Btu/h.... Split-System..... 13.4 SEER2...... January 1, 2025.
Conditioning Equipment.
Commercial Package Air <65,000 Btu/h.... Single-Package... 13.4 SEER2...... January 1, 2025.
Conditioning Equipment.
Commercial Package Air <65,000 Btu/h.... Split-System..... 14.3 SEER2; 7.5 January 1, 2025.
Conditioning and Heating HSPF2.
Equipment.
Commercial Package Air <65,000 Btu/h.... Single-Package... 13.4 SEER2; 6.7 January 1, 2025.
Conditioning and Heating HSPF2.
Equipment.
Space-Constrained Commercial <=30,000 Btu/h... Split-System..... 12.7 SEER2...... January 1, 2025.
Package Air Conditioning
Equipment.
Space-Constrained Commercial <=30,000 Btu/h... Single-Package... 13.9 SEER2...... January 1, 2025.
Package Air Conditioning
Equipment.
Space-Constrained Commercial <=30,000 Btu/h... Split-System..... 13.9 SEER2; 7.0 January 1, 2025.
Package Air Conditioning and HSPF2.
Heating Equipment.
Space-Constrained Commercial <=30,000 Btu/h... Single-Package... 13.9 SEER2; 6.7 January 1, 2025.
Package Air Conditioning and HSPF2.
Heating Equipment.
Small-Duct, High-Velocity <65,000 Btu/h.... Split-System..... 13.0 SEER2...... January 1, 2025.
Commercial Package Air
Conditioning.
Small-Duct, High-Velocity <65,000 Btu/h.... Split-System..... 14.0 SEER2; 6.9 January 1, 2025.
Commercial Package Air HSPF2.
Conditioning and Heating
Equipment.
VRF Air Conditioners.......... <65,000 Btu/h.... ................. 13.4 SEER2...... January 1, 2025.
VRF Heat Pumps................ <65,000 Btu/h.... ................. 13.4 SEER2; 7.5 January 1, 2025.
HSPF2.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2024-08545 Filed 5-17-24; 8:45 am]
BILLING CODE 6450-01-P
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