80_FR_18231 80 FR 18167 - Energy Conservation Program for Consumer Products: Energy Conservation Standards for Residential Water Heaters

80 FR 18167 - Energy Conservation Program for Consumer Products: Energy Conservation Standards for Residential Water Heaters

DEPARTMENT OF ENERGY

Federal Register Volume 80, Issue 64 (April 3, 2015)

Page Range18167-18168
FR Document2015-07706

The U.S. Department of Energy (DOE) withdraws a proposed rule published in the Federal Register on February 26, 2013 that proposed to establish a waiver process to allow the manufacture and sale of certain large-volume (>55 gallon) electric storage water heaters under 1-year waivers granted by DOE, provided that a specific set of features are included and conditions are met to ensure their use only in residences enrolled in utility electric thermal storage (ETS) programs.

Federal Register, Volume 80 Issue 64 (Friday, April 3, 2015) 
[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Proposed Rules]
[Pages 18167-18168]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07706]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2012-BT-STD-0022]
RIN 1904-AC78


Energy Conservation Program for Consumer Products: Energy 
Conservation Standards for Residential Water Heaters

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

ACTION: Proposed rule; withdrawal.

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SUMMARY: The U.S. Department of Energy (DOE) withdraws a proposed rule 
published in the Federal Register on February 26, 2013 that proposed to 
establish a waiver process to allow the manufacture and sale of certain 
large-volume (>55 gallon) electric storage water heaters under 1-year 
waivers granted by DOE, provided that a specific set of features are 
included and conditions are met to ensure their use only in residences 
enrolled in utility electric thermal storage (ETS) programs.

DATES: The proposed rule published on February 26, 2013 at 78 FR 12969 
is withdrawn as of April 3, 2015.

FOR FURTHER INFORMATION CONTACT: 
Ms. Ashley Armstrong, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies, EE-2J, 1000 
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 
586-6590. Email: [email protected].
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) 586-5827. Email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Authority

    Title III, Part B \1\ of the Energy Policy and Conservation Act of 
1975 (``EPCA'' or ``the Act''), Public Law 94-163 (42 U.S.C. 6291-6309, 
as codified) established the Energy Conservation Program for Consumer 
Products Other Than Automobiles.\2\ These products include residential 
water heaters (RWH), the subject of this document. (42 U.S.C. 
6292(a)(4))
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
    \2\ All references to EPCA in this document refer to the statute 
as amended through the American Energy Manufacturing Technical 
Corrections Act (AEMTCA), Public Law 112-210 (Dec. 18, 2012).

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[[Page 18168]]

II. Background

    The National Appliance Energy Conservation Act of 1987 (NAECA; Pub. 
L. 100-12) amended EPCA to, among other things, establish energy 
conservation standards for residential water heaters. (42 U.S.C. 
6295(e)(1); 42 U.S.C. 6295(e)(4)) DOE initially amended the statutorily 
prescribed standards for water heaters in a final rule published on 
January 17, 2001. 66 FR 4474 (Jan. 17, 2001). Subsequently, DOE amended 
the residential water heater standards a second time in another final 
rule published on April 16, 2010 (hereinafter known as the April 2010 
final rule). 73 FR 20112 (April 16, 2010).
    The energy conservation standards for residential water heaters 
adopted in the April 2010 final rule will apply to products 
manufactured on or after April 16, 2015. 75 FR 20234 (April 16, 2010). 
The amended energy conservation standards consist of minimum energy 
factors \3\ (EF) that vary based on the rated storage volume of the 
water heater, the type of energy it uses (i.e., gas, oil, or 
electricity), and whether it is a storage, instantaneous, or tabletop 
model. 10 CFR 430.32(d) Of particular relevance to this notice, 
electric water heaters with a rated storage volume above 55 gallons 
(referred to hereinafter as ``large-volume'' electric storage water 
heaters) will be required to have an energy factor of at least 2.057 - 
(0.00113 x Rated Storage Volume in gallons). Id. Such a level is 
currently achievable only by using heat pump water heater technology 
and cannot be achieved in electric water heaters that rely solely on 
electric resistance elements.
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    \3\ Energy factor is a measure of overall water heater 
efficiency that accounts for efficiency during active, standby, and 
cyclical operation.
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    Subsequent to the publication of the April 2010 final rule, several 
stakeholders indicated to DOE their concerns about the interaction of 
the amended standards in the April 2010 final rule and the use of 
large-volume electric storage water heaters in utility ETS programs. To 
gather additional information on the impact of the amended standard 
established in the April 2010 final rule on ETS programs that use 
large-volume electric storage water heaters, DOE issued a request for 
information (RFI) and received numerous additional comments on these 
topics. 77 FR 35299 (June 13, 2012). After considering comments 
submitted by interested parties, DOE published a notice of proposed 
rulemaking (NOPR) proposing to establish a waiver process to allow any 
manufacturer, utility, or a combination of the two to request a waiver 
granting an exemption from the amended energy conservation standards 
established in the April 2010 final rule for certain large-volume 
electric storage water heaters used in an ETS program. 78 FR 12969 
(Feb. 26, 2013). As proposed, each waiver would have allowed 
manufacturers to produce, for a 1-year period, a limited number of 
large-volume electric storage water heaters that would not otherwise 
meet the April 2010 amended standard levels, provided that a specific 
set of features are included and conditions are met to ensure their use 
exclusively in utility ETS programs. More information on DOE's waiver 
proposal and stakeholder feedback can be found in the rulemaking 
docket.\4\
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    \4\ http://www.regulations.gov/#!docketDetail;D=EERE-2012-BT-
STD-0022.
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III. Discussion

    By this document, DOE withdraws its February 26, 2013 NOPR. DOE 
commissioned a study to examine the capability of large-capacity water 
heaters, both resistance and heat pump, to support ETS programs and 
found both water heater types worked for such programs. For additional 
discussion of the capability of using large-volume electric storage 
water heaters that meet the April 2010 amended standard levels to 
support utility ETS programs, see the following reports: http://www.pnnl.gov/main/publications/external/technical_reports/PNNL-23527.pdf and http://www.pnnl.gov/main/publications/external/technical_reports/PNNL-23697.pdf.

IV. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this 
withdrawal.

    Issued in Washington, DC, on March 26, 2015.
Roland Risser,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy 
Efficiency and Renewable Energy.
[FR Doc. 2015-07706 Filed 4-2-15; 8:45 am]
 BILLING CODE 6450-01-P

Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Proposed Rules 18167 may aggregate the requests and charge Information Act (FOIA) during the DEPARTMENT OF ENERGY accordingly. OGE will presume that preceding fiscal year. The report will multiple requests of this type made include the information required by 5 10 CFR Part 430 within a 30-calendar day period have U.S.C. 552(e). been made in order to evade fees. [Docket No. EERE–2012–BT–STD–0022] Multiple requests regarding unrelated § 2604.602 [Removed] matters will not be aggregated. ■ 33. Remove § 2604.602. RIN 1904–AC78 (c) * * * (1) OGE estimates or determines that ■ 34. Revise § 2604.701 to read as Energy Conservation Program for the total fee to be assessed under this follows: Consumer Products: Energy section is likely to exceed $250.00. Conservation Standards for § 2604.701 Policy. When a determination is made that the Residential Water Heaters allowable charges are likely to exceed Fees for the reproduction and mailing $250.00, the requester will be notified of of public financial disclosure reports AGENCY: Office of Energy Efficiency and the likely cost and will be required to (SF 278s) requested pursuant to section Renewable Energy, Department of provide satisfactory assurance of full 105 of the Ethics in Government Act of Energy. payment where the requester has a 1978, as amended, and § 2634.603 of ACTION: Proposed rule; withdrawal. history of prompt payment of FOIA fees, this chapter will be assessed according or will be required to submit an advance SUMMARY: The U.S. Department of to the schedule contained in § 2604.702. Energy (DOE) withdraws a proposed payment of an amount up to the full Requesters will pay fees by check or estimated charges in the case of rule published in the Federal Register money order made payable to the on February 26, 2013 that proposed to requesters with no history of payment; Treasury of the United States. Except as or establish a waiver process to allow the provided in § 2604.702(d), nothing manufacture and sale of certain large- (2) A requester has previously failed concerning fees in subpart E of this part volume (>55 gallon) electric storage to pay a fee charged in a timely fashion (i.e., within 30 calendar days of the date supersedes the charges set forth in this water heaters under 1-year waivers of the billing). In such cases the subpart for records covered in this granted by DOE, provided that a specific requester may be required to pay the full subpart. set of features are included and amount owed plus any applicable ■ 35. Amend § 2604.702 by revising conditions are met to ensure their use interest as provided by paragraph (e) of paragraphs (a), (b), and (c) to read as only in residences enrolled in utility this section, and to make an advance follows: electric thermal storage (ETS) programs. payment of the full amount of the DATES: The proposed rule published on estimated fee before OGE begins to § 2604.702 Charges. February 26, 2013 at 78 FR 12969 is process a new request. (a) Duplication. Except as provided in withdrawn as of April 3, 2015. (3) When OGE requests an advance paragraph (c) of this section, copies of FOR FURTHER INFORMATION CONTACT: payment of fees, the administrative time public financial disclosure reports (SF Ms. Ashley Armstrong, U.S. Department limits described in subsection (a)(6) of 278s) requested pursuant to section 105 of Energy, Office of Energy Efficiency the FOIA will begin to run only after and Renewable Energy, Building of the Ethics in Government Act of OGE has received the advance payment. Technologies, EE–2J, 1000 (d) Billing and payment. Normally 1978, as amended, and § 2634.603 of this chapter will be provided upon Independence Avenue SW., OGE will require a requester to pay all Washington, DC 20585–0121. fees before furnishing the requested payment of $0.15 per page furnished. Telephone: (202) 586–6590. Email: records. However, OGE may send a bill (b) Mailing. Except as provided in Ashley.Armstrong@ee.doe.gov. along with, or following the furnishing paragraph (c) of this section, the actual Mr. Eric Stas, U.S. Department of of records, in cases where the requester direct cost of mailing public financial Energy, Office of the General Counsel, has a history of prompt payment. disclosure reports will be charged for all GC–33, 1000 Independence Avenue (e) Interest charges. Interest charges forms requested. Where OGE elects to SW., Washington, DC 20585–0121. on an unpaid bill may be assessed comply, as a matter of administrative Telephone: (202) 586–5827. Email: starting on the 31st calendar day discretion, with a request for special Eric.Stas@hq.doe.gov. following the day on which the billing mailing services, the actual direct cost SUPPLEMENTARY INFORMATION: was sent. Interest will be at the rate of such service will be charged. prescribed in 31 U.S.C. 3717 and will I. Authority accrue from the date of billing. To (c) Minimum fees. OGE will not assess fees for individual requests if the total Title III, Part B 1 of the Energy Policy collect unpaid bills, OGE will follow the and Conservation Act of 1975 (‘‘EPCA’’ provisions of the Debt Collection Act of charge would be $10.00 or less. or ‘‘the Act’’), Public Law 94–163 (42 1982, as amended (96 Stat. 1749 et seq.) * * * * * U.S.C. 6291–6309, as codified) including the use of consumer reporting [FR Doc. 2015–07376 Filed 4–2–15; 8:45 am] established the Energy Conservation agencies, collection agencies, and offset. BILLING CODE 6345–03–P Program for Consumer Products Other ■ 32. Revise § 2604.601 to read as Than Automobiles.2 These products asabaliauskas on DSK5VPTVN1PROD with PROPOSALS follows: include residential water heaters § 2604.601 Electronic posting and (RWH), the subject of this document. (42 submission of annual OGE FOIA report. U.S.C. 6292(a)(4)) On or before February 1 of each year, OGE will electronically post on its Web 1 For editorial reasons, upon codification in the site and submit to the Office of U.S. Code, Part B was redesignated as Part A. 2 All references to EPCA in this document refer Information and Privacy at the United to the statute as amended through the American States Department of Justice a report of Energy Manufacturing Technical Corrections Act its activities relating to the Freedom of (AEMTCA), Public Law 112–210 (Dec. 18, 2012). VerDate Sep<11>2014 17:20 Apr 02, 2015 Jkt 235001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\03APP1.SGM 03APP1

18168 Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Proposed Rules II. Background manufacturer, utility, or a combination DEPARTMENT OF TRANSPORTATION The National Appliance Energy of the two to request a waiver granting Conservation Act of 1987 (NAECA; Pub. an exemption from the amended energy Federal Aviation Administration L. 100–12) amended EPCA to, among conservation standards established in other things, establish energy the April 2010 final rule for certain 14 CFR Part 193 conservation standards for residential large-volume electric storage water [Docket No.: FAA–2014–0142] water heaters. (42 U.S.C. 6295(e)(1); 42 heaters used in an ETS program. 78 FR U.S.C. 6295(e)(4)) DOE initially 12969 (Feb. 26, 2013). As proposed, RIN 2120–AA66 amended the statutorily prescribed each waiver would have allowed standards for water heaters in a final manufacturers to produce, for a 1-year Federal Contract Tower Safety Action rule published on January 17, 2001. 66 period, a limited number of large- Program (SAFER–FCT and Air Traffic FR 4474 (Jan. 17, 2001). Subsequently, volume electric storage water heaters Safety Action Program for Engineers & DOE amended the residential water that would not otherwise meet the April Architects, Staff Support Specialists, heater standards a second time in 2010 amended standard levels, provided Aviation Technical System Specialists another final rule published on April that a specific set of features are (Series 2186) and Flight Procedures 16, 2010 (hereinafter known as the April included and conditions are met to Team (ATSAP–X) 2010 final rule). 73 FR 20112 (April 16, ensure their use exclusively in utility AGENCY: Federal Aviation 2010). The energy conservation standards for ETS programs. More information on Administration (FAA), DOT. residential water heaters adopted in the DOE’s waiver proposal and stakeholder ACTION: Notice of Proposed Order April 2010 final rule will apply to feedback can be found in the Designating Safety Information as products manufactured on or after April rulemaking docket.4 Protected from Disclosure 16, 2015. 75 FR 20234 (April 16, 2010). III. Discussion The amended energy conservation SUMMARY: The FAA is proposing that standards consist of minimum energy By this document, DOE withdraws its safety information provided to it by factors 3 (EF) that vary based on the February 26, 2013 NOPR. DOE Federal Contract Tower employees rated storage volume of the water heater, commissioned a study to examine the (hereinafter ‘‘Vendor’’) under the the type of energy it uses (i.e., gas, oil, capability of large-capacity water SAFER–FCT Program or by Air Traffic or electricity), and whether it is a Organization Engineers & Architects, heaters, both resistance and heat pump, storage, instantaneous, or tabletop Staff Support Specialists, Aviation to support ETS programs and found model. 10 CFR 430.32(d) Of particular Technical System Specialists (Series both water heater types worked for such relevance to this notice, electric water 2186) and Flight Procedures Team programs. For additional discussion of (hereinafter ‘‘Region X’’) under the heaters with a rated storage volume the capability of using large-volume ATSAP–X program be designated by an above 55 gallons (referred to hereinafter electric storage water heaters that meet FAA Order as protected from public as ‘‘large-volume’’ electric storage water heaters) will be required to have an the April 2010 amended standard levels disclosure in accordance with the energy factor of at least 2.057 ¥ to support utility ETS programs, see the provisions of 14 CFR part 193. The (0.00113 × Rated Storage Volume in following reports: http://www.pnnl.gov/ designation is intended to encourage gallons). Id. Such a level is currently main/publications/external/technical_ persons to voluntarily provide achievable only by using heat pump reports/PNNL-23527.pdf and http:// information to the FAA under the water heater technology and cannot be www.pnnl.gov/main/publications/ SAFER–FCT or the ATSAP–X safety achieved in electric water heaters that external/technical_reports/PNNL– reporting programs, so the FAA can rely solely on electric resistance 23697.pdf. learn about and address aviation safety elements. hazards of which it was unaware or Subsequent to the publication of the IV. Approval of the Office of the more fully understand and implement April 2010 final rule, several Secretary corrective measures for events known stakeholders indicated to DOE their The Secretary of Energy has approved by it through other means. Under 49 concerns about the interaction of the publication of this withdrawal. U.S.C. 40123, the FAA is required to amended standards in the April 2010 protect information from disclosure to final rule and the use of large-volume Issued in Washington, DC, on March 26, the public, including disclosure under electric storage water heaters in utility 2015. the Freedom of Information Act (5 ETS programs. To gather additional Roland Risser, U.S.C. 552) or other laws, following the information on the impact of the Acting Deputy Assistant Secretary for Energy issuance of such Order. amended standard established in the Efficiency, Energy Efficiency and Renewable DATES: Comments must be received on April 2010 final rule on ETS programs Energy. or before May 4, 2015. that use large-volume electric storage [FR Doc. 2015–07706 Filed 4–2–15; 8:45 am] ADDRESSES: You may send comments water heaters, DOE issued a request for information (RFI) and received BILLING CODE 6450–01–P identified by docket number FAA– numerous additional comments on 2014–0142 using any of the following methods: via mail to U.S. Department of asabaliauskas on DSK5VPTVN1PROD with PROPOSALS these topics. 77 FR 35299 (June 13, 2012). After considering comments Transportation, Docket Operations, M– submitted by interested parties, DOE 30, 1200 New Jersey Avenue SE., West published a notice of proposed Building Ground Floor, Room W12–140, rulemaking (NOPR) proposing to Washington DC 20590–0339; telephone establish a waiver process to allow any (202) 366–9826. You must identify the FAA Docket No. FAA–2014–0142 at the 3 Energy factor is a measure of overall water beginning of your comments. You may heater efficiency that accounts for efficiency during 4 http://www.regulations.gov/ also submit comments through the active, standby, and cyclical operation. #!docketDetail;D=EERE-2012-BT-STD-0022. Internet at http://www.regulations.gov. VerDate Sep<11>2014 17:20 Apr 02, 2015 Jkt 235001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\03APP1.SGM 03APP1


Document Created: 2015-12-18 15:29:03
Document Modified: 2015-12-18 15:29:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; withdrawal.
DatesThe proposed rule published on February 26, 2013 at 78 FR 12969 is withdrawn as of April 3, 2015.
ContactMs. Ashley Armstrong, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies, EE-2J, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-6590. Email: [email protected] 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) 586-5827. Email: [email protected]
FR Citation80 FR 18167 
RIN Number1904-AC78
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