81 FR 36288 - Notice of Petition for Waiver of Raypak Inc. From the Department of Energy Commercial Water Heater Test Procedure

DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy

Federal Register Volume 81, Issue 108 (June 6, 2016)

This notice announces receipt of and publishes a petition for waiver from Raypak Inc. (Raypak) seeking an exemption from specified provisions applicable to standby loss of the U.S. Department of Energy (DOE) test procedure for commercial water heating equipment. The waiver request pertains to Raypak's specified models of commercial instantaneous water heaters containing 10 gallons or more of water. In its petition, Raypak contends that its specified water heater models that employ tube-type heat exchangers and are designed to be flow activated cannot be accurately tested using the currently applicable DOE test procedure. Consequently, Raypak seeks to use an alternate test procedure to address certain issues involved in testing the specific basic models identified in its petition. DOE solicits comments, data, and information concerning Raypak's petition and its suggested alternate test procedure.

[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Notices]
[Pages 36288-36295]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13252]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. WH-004]


Notice of Petition for Waiver of Raypak Inc. From the Department 
of Energy Commercial Water Heater Test Procedure

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

ACTION: Notice of petition for waiver and request for public comments.

-----------------------------------------------------------------------

SUMMARY: This notice announces receipt of and publishes a petition for 
waiver from Raypak Inc. (Raypak) seeking an exemption from specified 
provisions applicable to standby loss of the U.S. Department of Energy 
(DOE) test procedure for commercial water heating equipment. The waiver 
request pertains to Raypak's specified models of commercial 
instantaneous water heaters containing 10 gallons or more of water. In 
its petition, Raypak contends that its specified water heater models 
that employ tube-type heat exchangers and are designed to be flow 
activated cannot be accurately tested using the currently applicable 
DOE test procedure. Consequently, Raypak seeks to use an alternate test 
procedure to address certain issues involved in testing the specific 
basic models identified in its petition. DOE solicits comments, data, 
and information concerning Raypak's petition and its suggested 
alternate test procedure.

DATES: DOE will accept comments, data, and information with respect to 
the Raypak Petition until July 6, 2016.

ADDRESSES: You may submit comments, identified by case number WH-004, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include the case 
number [Case No. WH-004] in the subject line of the message. Submit 
electronic comments in WordPerfect, Microsoft Word, PDF, or ASCII file 
format, and avoid the use of special characters or any form of 
encryption.
     Postal Mail: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Office, Mailstop EE-5B, Petition for 
Waiver Case No. WH-004, 1000 Independence Avenue SW., Washington, DC 
20585-0121. Telephone: (202) 586-2945. If possible, please submit all 
items on a compact disc (CD), in which case it is not necessary to 
include printed copies.

[[Page 36289]]

     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Office, 950 L'Enfant Plaza SW., Suite 
600, Washington, DC 20024. If possible, please submit all items on a 
CD, in which case it is not necessary to include printed copies.
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at www.regulations.gov. All documents in the docket are listed 
in the www.regulations.gov index. However, some documents listed in the 
index, such as those containing information that is exempt from public 
disclosure, may not be publicly available.
    For further information on how to submit a comment, or review other 
public comments and the docket, contact Ms. Brenda Edwards at (202) 
586-2945 or by email: [email protected].

FOR FURTHER INFORMATION CONTACT: 
Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies 
Office, Mail Stop EE-5B, 1000 Independence Avenue SW., Washington, DC 
20585-0121. Telephone: (202) 586-0371. 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) 586-9507. Email: [email protected].

    For information on how to submit or review public comments, contact 
Ms. Brenda Edwards, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, Mailstop 
EE-5B, 1000 Independence Avenue SW., Washington, DC 20585-0121. 
Telephone: (202) 586-2945. Email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Authority

    Title III, Part C \1\ of the Energy Policy and Conservation Act of 
1975 (EPCA), Pub. L. 94-163 (42 U.S.C. 6311-6317, as codified), added 
by Pub. L. 95-619, established the Energy Conservation Program for 
Certain Industrial Equipment, which includes commercial water heaters, 
the focus of this notice.\2\ Part C specifically includes 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) With respect to test procedures, Part C authorizes the 
Secretary of Energy (the Secretary) to prescribe test procedures that 
are reasonably designed to produce results that measure energy 
efficiency, energy use, and estimated annual operating costs during a 
representative average-use cycle, and that are not unduly burdensome to 
conduct. (42 U.S.C. 6314(a)(2)) EPCA also directs DOE to consider 
amending the existing test procedure for each type of equipment listed 
each time the industry test procedure is amended for such equipment. 
(42 U.S.C. 6314(a)(4)) The test procedure for commercial water heaters 
is contained in the Code of Federal Regulations (CFR) at 10 CFR part 
431, subpart G.
---------------------------------------------------------------------------

    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part C was re-designated Part A-1.
    \2\ All references to EPCA in this document refer to the statute 
as amended through the Energy Efficiency Improvement Act of 2015 
(EEIA 2015), Pub. L. 114-11 (April 30, 2015).
---------------------------------------------------------------------------

    DOE's regulations set forth at 10 CFR 431.401 contain provisions 
that permit a person to seek a waiver from the test procedure 
requirements for covered equipment if at least one of the following 
conditions is met: (1) The basic model contains one or more design 
characteristics that prevent testing according to the prescribed test 
procedures; or (2) the prescribed test procedures may evaluate the 
basic model in a manner so unrepresentative of its true energy 
consumption as to provide materially inaccurate comparative data. 10 
CFR 431.401(a)(1). A petitioner must include in its petition any 
alternate test procedures known to the petitioner to evaluate the basic 
model in a manner representative of its energy consumption. 10 CFR 
431.401(b)(1)(iii). DOE may grant a waiver subject to conditions, 
including adherence to alternate test procedures. 10 CFR 431.401(f)(2). 
As soon as practicable after the granting of any waiver, DOE will 
publish in the Federal Register a notice of proposed rulemaking to 
amend its regulations so as to eliminate any need for the continuation 
of such waiver. As soon thereafter as practicable, DOE will publish in 
the Federal Register a final rule. 10 CFR 431.401(l).

II. Petition for Waiver of Test Procedure

    On May 5, 2015, Raypak filed a petition for waiver from the DOE 
test procedure at 10 CFR 431.106 to measure standby loss of commercial 
water heating equipment. This petition addresses Raypak's specified 
models of commercial instantaneous water heaters containing 10 gallons 
or more of water. The current DOE efficiency test procedure for 
commercial water heaters incorporates by reference the relevant 
industry test standard for measuring thermal efficiency and standby 
loss, as specified in American National Standards Institute (ANSI) ANSI 
Z21.10.3-2011, Gas-Fired Water Heaters, Volume III, Storage Water 
Heaters, With Input Ratings Above 75,000 Btu Per Hour, Circulating and 
Instantaneous. In its petition, Raypak contends that its identified 
basic models rely on flow of water through the heater to activate the 
burner, but because the current DOE test procedure does not take into 
account such units, it does not provide a proper representation of the 
standby loss of these models. The current standby loss test procedure 
is designed to test tank-type water heaters which are thermostatically 
operated. The models for which Raypak is seeking this test procedure 
waiver employ tube-type heat exchangers and are designed to be flow 
activated. To address the apparent shortcomings of ANSI Z21.10.3-2011, 
Raypak has submitted to DOE an alternate test procedure for measuring 
the standby loss of tube-type instantaneous water heaters, as addressed 
in sections E.1 and E.3 of ANSI Z21.10.3-2012, Gas-Fired Water Heaters, 
Volume III, Storage Water Heaters, With Input Ratings Above 75,000 Btu 
Per Hour, Circulating and Instantaneous. Raypak believes this 
alternative provides a representative measure of the standby loss of 
these models.

III. Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures when 
making representations about the energy consumption and energy 
consumption costs of products and equipment covered by the statute. (42 
U.S.C. 6293(c); 6314(d)) Consistent representations about the energy 
efficiency of covered products and equipment are important for 
consumers evaluating products when making purchasing decisions and for 
manufacturers to demonstrate compliance with applicable DOE energy 
conservation standards. Pursuant to its regulations applicable to 
waivers and interim waivers from applicable test procedures at 10 CFR 
431.401, DOE will consider setting an alternate test procedure for 
Raypak in a subsequent Decision and Order.
    Raypak has submitted to DOE an alternate test procedure for 
measuring the standby loss of tube-type instantaneous water heaters as 
addressed in ANSI Z21.10.3-2012 sections E.1 and E.3. Specifically, 
Raypak has submitted the following alternate test procedure to 
accurately represent the standby loss of its

[[Page 36290]]

commercial instantaneous water heaters containing 10 gallons or more of 
water:

Z21.10.3-2012 Exhibit E Efficiency Test Procedures

E.1 Method of Test for Measuring Thermal Efficiency
    A water heater for installation on combustible floors shall be 
placed on \3/4\ in (1.9 cm) plywood platform supported by three 2 x 4 
runners. If the water heater is for installation on noncombustible 
floors, suitable noncombustible material shall be placed on the 
platform. When the use of the platform for a large water heater is not 
practical, the water heater may be placed on any suitable flooring. A 
wall mounted water heater shall be mounted to a simulated wall section.
    Placement in the test room shall be in an area protected from 
drafts.
    Inlet and outlet piping shall be immediately turned vertically 
downward from the connections on a tank-type water heater so as to form 
heat traps. Any factory supplied heat traps shall be installed per the 
installation instructions. Thermocouples for measuring inlet and outlet 
water temperatures shall be installed before the inlet heat trap piping 
and after the outlet heat trap piping.
    Water-tube water heaters shall be installed as shown in Figure 3, 
Arrangement for Testing Water-tube Type Instantaneous and Circulating 
Water Heaters.
a. Piping Insulation
    Insulate the water piping, including heat traps, for a length of 4 
ft (1.22 m) from the connection at the appliance with material having a 
thermal resistance (R) value of not less than 4 [F[middot]ft 
[middot]hr/Btu (0.7 K[middot]m/W)]. Care should be taken so the 
insulation does not contact any appliance surface except at the 
location where the pipe connections penetrate the appliance jacket.
b. Temperature and Pressure Relief Valve Insulation
    If the manufacturer has not provided a temperature and pressure 
relief valve, one shall be installed and insulated as specified above.
c. Vent Requirements
1. Appliance Equipped With Draft Hoods
    All tests shall be conducted with the natural draft established by 
the following vent pipe arrangements:
    A vertically discharging vent connection shall have attached to and 
vertically above it, 5 ft (1.52 m) of vent pipe the same size as the 
outlet. If the vent does not discharge vertically, a suitable elbow 
shall be installed first.
2. Direct Vent Appliances and Mechanically Vented
    The appliance shall be installed with the venting arrangement 
specified in the manufacturer's instructions. The water heater shall be 
installed with the manufacturer's specified minimum venting length 
venting arrangement.
d. Water Supply
    During conduct of this test, the temperature of the supply water 
shall be maintained at 70  2[emsp14][deg]F (21  
1 [deg]C). The pressure of the water supply shall be maintained between 
40 psi (275.8 kPa) and the maximum pressure specified by the 
manufacturer for the appliance under test. The accuracy of the pressure 
measuring devices shall be 1.0 psi (6.9 kPa). For a water-
tube water heater, the inlet water temperature shall be maintained at 
the supply water temperature or as specified by the manufacturer (see 
2.1.8).
    A tank-type water heater shall be isolated by use of a shutoff 
valve in the supply line with an expansion tank installed in the supply 
line downstream of the shutoff valve. There shall be no shutoff means 
between the expansion tank and the appliance inlet.
e. Gas Supply
    The gas rate shall be adjusted as specified in 2.3.3. The outlet 
pressure of the gas appliance pressure regulator shall be within  10 percent of that recommended by the manufacturer. The higher 
heating value of the gas burned shall be obtained.
f. Installation of Temperature Sensing Means
    For tank-type water heaters, six (6) temperature sensing means 
shall be installed inside the storage tank on the vertical center of 
each of 6 nonoverlapping sections of approximately equal volume from 
the top to the bottom of the tank. Each temperature sensing means is to 
be located as far as possible from any heat source or other 
irregularity, anodic protective device, or water tank or flue wall. The 
anodic protective device may be removed in order to install the 
temperature sensing means and all testing may be carried out with the 
device removed.
    If the temperature sensing means cannot be installed as specified 
above, placement of the temperature sensing means shall be made at the 
discretion of the testing agency so comparable water temperature 
measurements may be obtained.
    A temperature sensing means, shielded against direct radiation and 
positioned at the vertical midpoint of the water heater at a 
perpendicular distance of approximately 24 in (610 mm) from the surface 
of the jacket, shall be installed in the test room.
g. Setting Tank Thermostat
    Before starting testing of a tank-type water heater, the setting of 
the thermostat shall first be obtained by starting with the water in 
the system at 70  2[emsp14][deg]F (21  1 
[deg]C) and noting the maximum mean temperature of the water after the 
thermostat reduces the gas supply to a minimum. The temperature shall 
be 140  5[emsp14][deg]F (60  3 [deg]C).
h. Energy Consumption
    Instrumentation shall be installed which determines, within  1 percent:
1. The quantity and rate of gas consumed.
    2. The quantity of electricity consumed by factory supplied water 
heater components, and of the test loop recirculating pump, if used.
i. Room Ambient Temperature
    The ambient air temperature of the test room shall be maintained at 
75  10[emsp14][deg]F (24  5.5 [deg]C), as 
measured by the test room temperature sensing means described in ``-f'' 
above.
    The ambient air temperatures shall be measured at 15 minute 
intervals during conduct of this test. The room temperature shall not 
vary more than  7.0[emsp14][deg]F ( 4 [deg]C) 
from the average during the test, temperature readings being taken by 
means of a recording thermometer at 15 minute intervals and averaged at 
the end of the test.
j. Efficiency Measurement
    The outlet water temperature shall be adjusted by varying the rate 
of flow until temperature is constant at 70  
2[emsp14][deg]F (21  1 [deg]C) above the supply 
temperature. After the outlet temperature has become constant, as 
indicated by no variation in excess of 2[emsp14][deg]F (1 [deg]C) over 
a 3 minute period, the outlet water shall be diverted from the waste 
line to a weighing container. A scale with an error no greater than 1 
percent of the total draw shall be used. Water shall be allowed to flow 
into the weighing container for exactly 30 minutes. The gas consumption 
and electrical power consumption of factory supplied heater components 
and of the test loop-recirculating pump, if used, shall be measured for 
the 30 minute period. At this time, the outlet water shall be diverted 
back into the waste

[[Page 36291]]

line, the meter readings noted, and the weight of heater water 
recorded. Throughout the period of test, supply and outlet water 
temperatures shall be recorded every minute. The temperature, pressure 
and heating value of the gas metered and barometric pressure shall be 
obtained.
    A water meter with an error no greater than 1 percent of the total 
draw may be used instead of the scale and weighing container.
    Thermal efficiency, Et, shall be computed by use of the following 
formula:

Et = (KW ([thetas]2-[thetas]1)/[(CF x 
Q x H) + Ec]) x 100

Where:
K = 1.004 Btu per pound mass degree F (4184 J/kg [deg]C), nominal 
specific heat of water at 105 [deg]F;
W = total weight of water heated, lbs. (kg);
[thetas]1 = average temperature of supply water, [deg]F 
([deg]C);
[thetas]2 = average temperature of outlet water, [deg]F 
([deg]C);
Q = total gas consumed as metered, cu. ft. (m\3\);
Cs = correction applied to the heating value H, when it 
is metered at temperature and/or pressure conditions other than the 
standard conditions. At which the heating value of gas is specified 
[normally 30 inches mercury column (101.3 kPa) and 60 [deg]F (15.5 
[deg]C)];
H = total heating value of gas, Btu per cu. ft. (MJ/m3); 
and
Ec = electrical consumption of the water heater and, when 
used, the test setup recirculating pump, specified in Btu (kJ).

Standby Loss for tank type water heaters shall be determined using 
Appendix E.2
Standby Loss for tube type water heaters that contain 10 or more 
gallons within the water heater, as determined under 5.27, shall be 
determined using Appendix E.3
E.3 Method of Test For Measuring Standby Loss for Tube Type 
Instantaneous Water Heaters With 10 or Greater Gallons of Storage
    The appliance shall be installed as specified in G.1, Method of 
Test for Measuring Thermal Efficiency. This test may be conducted 
immediately following the thermal efficiency test. In this case, start 
the test after the main burner(s) has shut down and, if applicable, the 
water pump has shut down. Otherwise, the water heater shall be put into 
operation under the same test conditions specified in G.1, and the 
outlet water temperature shall be adjusted by varying the rate of flow 
until temperature is constant at 70  2[emsp14][deg]F (21 
 1 [deg]C) above the supply temperature. After the outlet 
temperatures becomes constant, as indicated by no variation in excess 
of 2[emsp14][deg]F (1 [deg]C) over a 3 minute period, shut down the 
main burner(s) and, if applicable, wait for the water pump to shut 
down, and then start the test.
    At the start of the test, record the time, ambient temperature, 
outlet water temperature, supply water temperature, and begin measuring 
the fuel and electric consumption.
    During the first hour, outlet water temperature, supply water 
temperature and the ambient air temperature shall be measured at the 
end of each 5 minute interval. For the remainder of the test, these 
measurements shall be made at the end of every 15 minute interval. The 
duration of this test shall be 24 hours. If the main burner is firing 
at 24 hours, continue the test until the main burner and the water 
pump, if applicable, have shut down.
    Immediately after the conclusion of the test, record the total fuel 
flow and electrical energy consumption, the final ambient air 
temperature, and the final outlet water temperature.
    Calculate the average of the ambient air temperatures and the 
supply water temperatures taken at the end of each time interval, 
including the initial and final values.
    The average hourly standby loss, S, rounded to the nearest Btu per 
hour, shall be determined by the formula:

S = [(Cs(Qs)(H) + Ec)/t]-[([Delta]T4)/([Delta]T3)(t)Et]

 Where:

Cs = correction applied to the heating value of a gas H, when it is 
metered at temperature and/or pressure conditions other than the 
standard conditions for which the value of H is based;
H = higher heating value of gas, Btu per cu. ft. (MJ/m3);
Qs = total fuel flow as metered, cu. ft. (m3);
[Delta]T3 = difference between the outlet temperature and the 
average value of the ambient air temperature, [deg]F ([deg]C);
[Delta]T4 = difference between the average supply water temperature 
and the outlet temperature, [deg]F ([deg]C);
t = duration of test, hrs.;
Ec = electrical energy consumption expressed in Btu (kJ); and
Et = thermal efficiency as determined under G1, Method of Test for 
Measuring Thermal Efficiency

    If the main burner(s) does not cycle on during this test, the 
hourly average standby loss calculation simplifies to:

S = {(K(Va)([Delta]T4)/Et) + Ec{time} /t

    For water heaters that will not initiate or cause actions that will 
initiate burner operation, the following simplified procedure may be 
used to measure the hourly standby loss.
    This test may be conducted immediately following the thermal 
efficiency test. In this case, start the test after the main burner(s) 
has shut down and, if applicable, the water pump has shut down. 
Otherwise provide the electrical connection as specified in G.1, Method 
of Test for Measuring Thermal Efficiency, and start the test.
    At the start of the test, record the time and begin measuring the 
electric consumption for one hour. Record the duration of the test and 
the total electrical consumption during the test.
    The average hourly standby loss, S, rounded to the nearest Btu per 
hour, shall be determined by the formula:
S = [(([Delta]T5 k Va/Et)/24) +Ec]

Where:

[Delta]T5 = 70 [deg]F (38.9 [deg]C), difference between 
the supply and outlet water temperatures;
k= 8.25 Btu/gallon [deg]F (4147.6331 J/l [deg]C), the nominal 
specific heat of water;
Va = water contained in the water heater expressed in gallons (L), 
as determined under 5.27;
Ec = electrical energy consumption expressed in Btu (kJ); and
Et = thermal efficiency as determined under G1, Method of Test for 
Measuring Thermal Efficiency.

    The following basic models are included in Raypak's petition:

XTherm Model WH7-1005*
XTherm Model WH7-1505*
XTherm Model WH7-2005*
XTherm Model WH7-2505*
XTherm Model WH7-3005*
XTherm Model WH7-3505*
XTherm Model WH7-4005*
MVB Model WH7-2503*
MVB Model WH7-3003*
MVB Model WH7-3503*
MVB Model WH7-4003*

IV. Summary and Request for Comments

    Through this notice, DOE announces receipt of and is publishing 
Raypak's petition for waiver from the DOE test procedure for commercial 
water heaters for its above-referenced commercial instantaneous water 
heater models, which contain 10 gallons or more of water. The petition 
contains no confidential information. The petition includes a suggested 
alternate test procedure to determine the thermal efficiency and 
standby loss of Raypak's specified basic models of commercial 
instantaneous water heaters containing 10 gallons or more of water. DOE 
is considering including this alternate test procedure in its 
subsequent Decision and Order.
    DOE solicits comments from interested parties on all aspects of the 
petition, including the suggested alternate test procedure and 
calculation methodology. Pursuant to 10 CFR 431.401(d), any person 
submitting written comments to DOE must also

[[Page 36292]]

send a copy of such comments to the petitioner. The contact information 
for the petitioner is: Mr. Robert Glass, Sr. Staff Engineer, Raypak 
Inc., 2151 Eastman Avenue, Oxnard, CA 93030. All submissions received 
must include the agency name and case number for this proceeding. 
Submit electronic comments in WordPerfect, Microsoft Word, Portable 
Document Format (PDF), or text (American Standard Code for Information 
Interchange (ASCII)) file format and avoid the use of special 
characters or any form of encryption. Wherever possible, include the 
electronic signature of the author. DOE does not accept telefacsimiles 
(faxes).
    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 two copies: one copy of the document marked 
``confidential'' with all of the information believed to be 
confidential included, and one copy of the document marked ``non-
confidential'' with all of 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.

    Issued in Washington, DC, on May 31, 2016.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Raypak, A Rheem Company

May 5, 2015

U.S. Department of Energy, Building Technologies Program, MS EE-2J, 
Test Procedure Waiver, 1000 Independence Avenue, SW., Washington, DC 
20585-0121.

Re: Waiver for Test Procedure for Commercial Water Heating Equipment

    To Whom It May Concern: Pursuant to the provisions of 10 CFR 
431.401, Raypak Inc. is hereby applying for a waiver of the standby 
loss test procedure of 10 CFR .431.106 for the following basic model(s) 
of commercial instantaneous water heaters containing 10 gallons or more 
of water:

------------------------------------------------------------------------
                                                          Water capacity
                          Model                               (gal.)
------------------------------------------------------------------------
XTherm Model WH7-1005*..................................            11.8
XTherm Model WH7-1505*..................................            12.4
XTherm Model WH7-2005*..................................            15.6
XTherm Model WH7-2505*..................................            25.0
XTherm Model WH7-3005*..................................            26.0
XTherm Model WH7-3505*..................................            26.9
XTherm Model WH7-4005*..................................            33.8
MVB Model WH7-2503*.....................................            10.9
MVB Model WH7-3003*.....................................            11.6
MVB Model WH7-3503*.....................................            12.2
MVB Model WH7-4003*.....................................            12.8
------------------------------------------------------------------------

    The current Department of Energy efficiency test procedure for 
commercial water heaters references the relevant test procedures for 
measuring thermal efficiency and standby loss specified in the 
standard, ANSI Z21.10.3-2011. The identified basic models rely on flow 
of water through the heater to activate the burner. As will be 
explained below, the current test procedure does not provide a proper 
representation of the standby loss of these models.
    The current standby loss test procedure is included as Attachment 
A. This procedure is designed to test tank-type water heaters which are 
thermostatically operated. The basic steps of the procedure are to heat 
the water within the water heater, turn off the burner or element and 
then measure all the energy consumption that occurs while the water 
heater is ``standing by'' for approximately 24 hours with no water 
being withdrawn from it. The key measurement of the test procedure is 
the energy consumed by the burner or heating element when the 
thermostat senses that the water in the tank has cooled down to the 
point where it needs to be reheated. The current test does not address 
water heaters that have no means to activate the burner or heating 
element if no heated water is being drawn from the unit, i.e. the 
standby condition.
    The models for which Raypak Inc. is seeking this test procedure 
waiver employ tube type heat exchangers and are designed to be flow 
activated. That is, the burner does not come on until water flow 
through the unit is sensed. Under the current standby loss test 
procedure, the burner on these models will not fire at any time during 
the test and the resulting standby loss measurement would be nearly 
zero. That measurement is not representative of the standby loss 
characteristics of these models. Raypak Inc. believes that the current 
test procedure evaluates the standby loss of the identified basic 
models in a manner so unrepresentative of the true energy consumption 
as to provide materially inaccurate comparative data.
    The manufacturers of other basic models marketed in the United 
States known to Raypak Inc. to incorporate similar design 
characteristics is included as Attachment B.
    An alternative procedure for measuring the standby loss of tube 
type instantaneous water heater is included as Attachment C. Raypak 
Inc. believes this alternative provides a representative measure of the 
standby loss of these models. Raypak Inc. requests that DOE grant it a 
waiver to use this alternative procedure in lieu of the standby loss 
procedure specified in the current DOE efficiency test procedures for 
commercial water heaters.

Respectfully submitted,

Robert Glass
Sr. Staff Engineer
Raypak Inc.
2151 Eastman Avenue,
Oxnard, CA 93030
(805) 278-5300
FAX (800) 872-9725
www.raypak.com

Attachments--Attachment A--Current Standby Loss Test Procedure
Attachment B--Other Affected Manufacturers
Attachment C--Proposed Alternative Procedure for Measuring the Standby 
Loss of Tube Type Instantaneous Water Heaters Containing More than 10 
Gallons

C: Karen Meyers--Rheem Manufacturing Co.
 Russell Pate--Rheem Manufacturing Co.
Attachment A: Current Standby Loss Test Procedure
E.2 Method of test for measuring standby loss

    The appliance shall be installed as specified in E.1, Method of 
test for measuring thermal efficiency. The gas to the main burner(s) 
shall be turned on and the appliance put into operation. After the 
first cutout, allow the water heater to remain in the standby mode 
until the next cutout. At this time record the time, ambient 
temperature and begin measuring the fuel and electric consumption. 
Record the maximum mean tank temperature that occurs after cutout.
    At the end of the first 15 minute interval and at the end of each 
subsequent 15 minute interval, the mean tank temperature and the 
ambient air temperature shall be recorded. The duration of this test 
shall be until the first cutout that occurs after 24 hours or 48 hours, 
whichever comes first.
    Immediately after the conclusion of the test, record the total fuel 
flow and electrical energy consumption, the final ambient air 
temperature, and the time duration of the standby loss test (t) in 
hours rounded to the nearest one hundredth of an hour and the maximum

[[Page 36293]]

mean tank temperature that occurs after cutout. Calculate the average 
of the recorded values of the mean tank temperatures and of the ambient 
air temperatures taken at the end of each time interval, including the 
initial and final values.
    Determine the difference ([Delta]T3) between these two 
averages by subtracting the latter from the former, and the differences 
([Delta]T4) between the final and initial mean tank 
temperatures by subtracting the latter from the former.
    The ratio of the average hourly energy consumption to the heat 
content of the stored water above room temperatures, in percent, 
rounded to the nearest one hundredth shall be determined by the 
formula:
[GRAPHIC] [TIFF OMITTED] TN06JN16.001

Where

Cs = correction applied to the heating value of a gas H, when it 
metered at temperature and/or pressure conditions other than the 
standard conditions for which the value of H is based;
K = 8.25 Btu per gallon [deg]F (4147.6331 J/I [deg]C), the nominal 
specific heat of water;
Va = tank capacity expressed in gallons (L), as determined under 
5.26, Capacities of storage vessels;
H = higher heating value of gas, Btu per cu. Ft. (MJ/m\3\);
Qs = total fuel flow as metered, cu. Ft. (m\3\);
[Delta]T3 = difference between the average value of the mean tank 
temperature and the average value of the ambient air temperature, 
[deg]F ([deg]C);
[Delta]T4 = difference between the final and initial mean tank 
temperature, [deg]F ([deg]C);
t = duration of test, hrs.;
Ec = electrical energy consumption expressed in Btu (kJ); and
Et = thermal efficiency as determined under E.1, Method of test for 
measuring thermal efficiency.

Attachment B:

Manufacturers of Commercial Tube Type Water Heaters containing 10 
gallons or more

A.O. Smith Corporation, 11270 W Park Place, P.O. Box 245008, 
Milwaukee, WI 53224-3623
HTP, Inc., 120 Braley Rd., P.O. Box 429, East Freetown, MA 02717-
1125
Laars Heating Systems Company, 20 Industrial Way, Rochester, NH 
03867-4296
Lochinvar LLC, 300 Maddox Simpson Pkwy., Lebanon, TN 37090-5366
Thermal Solutions Products, LLC, a Subsidiary of Burnham Holdings, 
P.O. BOX 3244, Lancaster, PA 17604-3244

Attachment C

AHRI Recommended Standby Loss Test Procedure For Commercial Tube-Type 
Instantaneous Water Heaters And Hot Water Supply Boilers That Contain 
At Least 10 Gallons Of Water

Z21.10.3-2012
Exhibit E Efficiency Test Procedures

E.1 Method Of Test For Measuring Thermal Efficiency

    A water heater for installation on combustible floors shall be 
placed on \3/4\ in (1.9 cm) plywood platform supported by three 2 x 
4 runners. If the water heater is for installation on noncombustible 
floors, suitable noncombustible material shall be placed on the 
platform. When the use of the platform for a large water heater is 
not practical, the water heater may be placed on any suitable 
flooring. A wall mounted water heater shall be mounted to a 
simulated wall section.
    Placement in the test room shall be in an area protected from 
drafts.
    Inlet and outlet piping shall be immediately turned vertically 
downward from the connections on a tank-type water heater so as to 
form heat traps. Any factory supplied heat traps shall be installed 
per the installation instructions. Thermocouples for measuring inlet 
and outlet water temperatures shall be installed before the inlet 
heat trap piping and after the outlet heat trap piping.
    Water-tube water heaters shall be installed as shown in Figure 
3, Arrangement for Testing Water-tube Type Instantaneous and 
Circulating Water Heaters.

a. Piping Insulation

    Insulate the water piping, including heat traps, for a length of 
4 ft (1.22 m) from the connection at the appliance with material 
having a thermal resistance (R) value of not less than 4 
[F[middot]ft [middot]hr/Btu (0.7 K[middot]m/W)]. Care should be 
taken so the insulation does not contact any appliance surface 
except at the location where the pipe connections penetrate the 
appliance jacket.

b. Temperature and Pressure Relief Valve Insulation

    If the manufacturer has not provided a temperature and pressure 
relief valve, one shall be installed and insulated as specified 
above.

c. Vent Requirements

1. Appliance Equipped With Draft Hoods

    All tests shall be conducted with the natural draft established 
by the following vent pipe arrangements:
    A vertically discharging vent connection shall have attached to 
and vertically above it, 5 ft (1.52 m) of vent pipe the same size as 
the outlet. If the vent does not discharge vertically, a suitable 
elbow shall be installed first.

2. Direct Vent Appliances and Mechanically Vented

    The appliance shall be installed with the venting arrangement 
specified in the manufacturer's instructions. The water heater shall 
be installed with the manufacturer's specified minimum venting 
length venting arrangement.

d. Water Supply

    During conduct of this test, the temperature of the supply water 
shall be maintained at 70  2 [deg]F (21  1 
[deg]C). The pressure of the water supply shall be maintained 
between 40 psi (275.8 kPa) and the maximum pressure specified by the 
manufacturer for the appliance under test. The accuracy of the 
pressure measuring devices shall be 1.0 psi (6.9 kPa). 
For a water-tube water heater, the inlet water temperature shall be 
maintained at the supply water temperature or as specified by the 
manufacturer (see 2.1.8).
    A tank-type water heater shall be isolated by use of a shutoff 
valve in the supply line with an expansion tank installed in the 
supply line downstream of the shutoff valve. There shall be no 
shutoff means between the expansion tank and the appliance inlet.

e. Gas Supply

    The gas rate shall be adjusted as specified in 2.3.3. The outlet 
pressure of the gas appliance pressure regulator shall be within 
 10 percent of that recommended by the manufacturer. The 
higher heating value of the gas burned shall be obtained.

f. Installation of Temperature Sensing Means

    For tank-type water heaters, six (6) temperature sensing means 
shall be installed inside the storage tank on the vertical center of 
each of 6 nonoverlapping sections of approximately equal volume from 
the top to the bottom of the tank. Each temperature sensing means is 
to be located as far as possible from any heat source or other 
irregularity, anodic protective device, or water tank or flue wall. 
The anodic protective device may be removed in order to install the 
temperature sensing means and all testing may be carried out with 
the device removed.
    If the temperature sensing means cannot be installed as 
specified above, placement of the temperature sensing means shall be 
made at the discretion of the testing agency so comparable water 
temperature measurements may be obtained.
    A temperature sensing means, shielded against direct radiation 
and positioned at the vertical midpoint of the water heater at a 
perpendicular distance of approximately 24 in (610 mm) from the 
surface of the jacket, shall be installed in the test room.

[[Page 36294]]

g. Setting Tank Thermostat

    Before starting testing of a tank-type water heater, the setting 
of the thermostat shall first be obtained by starting with the water 
in the system at 70  2 [deg]F (21  1 [deg]C) 
and noting the maximum mean temperature of the water after the 
thermostat reduces the gas supply to a minimum. The temperature 
shall be 140  5 [deg]F (60  3 [deg]C).

h. Energy Consumption

    Instrumentation shall be installed which determines, within 
 1 percent:
    1. The quantity and rate of gas consumed.
    2. The quantity of electricity consumed by factory supplied 
water heater components, and of the test loop recirculating pump, if 
used.

i. Room Ambient Temperature

    The ambient air temperature of the test room shall be maintained 
at 75  10 [deg]F (24  5.5 [deg]C), as 
measured by the test room temperature sensing means described in ``-
f'' above.
    The ambient air temperatures shall be measured at 15 minute 
intervals during conduct of this test. The room temperature shall 
not vary more than  7.0 [deg]F ( 4[deg]C) 
from the average during the test, temperature readings being taken 
by means of a recording thermometer at 15 minute intervals and 
averaged at the end of the test.

j. Efficiency Measurement

    The outlet water temperature shall be adjusted by varying the 
rate of flow until temperature is constant at 70 2 
[deg]F (21  1 [deg]C) above the supply temperature. 
After the outlet temperature has become constant, as indicated by no 
variation in excess of 2 [deg]F (1 [deg]C) over a 3 minute period, 
the outlet water shall be diverted from the waste line to a weighing 
container. A scale with an error no greater than 1 percent of the 
total draw shall be used. Water shall be allowed to flow into the 
weighing container for exactly 30 minutes. The gas consumption and 
electrical power consumption of factory supplied heater components 
and of the test loop-recirculating pump, if used, shall be measured 
for the 30 minute period. At this time, the outlet water shall be 
diverted back into the waste line, the meter readings noted, and the 
weight of heater water recorded. Throughout the period of test, 
supply and outlet water temperatures shall be recorded every minute. 
The temperature, pressure and heating value of the gas metered and 
barometric pressure shall be obtained.
    A water meter with an error no greater than 1 percent of the 
total draw may be used instead of the scale and weighing container.
    Thermal efficiency, Et, shall be computed by use of 
the following formula:
Et = (KW ([thgr]2 - [thgr]1)/[(CF x 
Q x H) + Ec]) x 100

where

K = 1.004 Btu per pound mass degree F (4184 J/kg [deg]C), nominal 
specific heat of water at 105 [deg]F;
W = total weight of water heated, lbs. (kg);
[thgr]1 = average temperature of supply water, [deg]F 
([deg]C);
[thgr]2 = average temperature of outlet water, [deg]F 
([deg]C);
Q = total gas consumed as metered, cu. ft. (m\3\);
Cs = correction applied to the heating value H, when it 
is metered at temperature and/or pressure conditions other than the 
standard conditions. At which the heating value of gas is specified 
[normally 30 inches mercury column (101.3 kPa) and 60 [deg]F (15.5 
[deg]C)];
H = total heating value of gas, Btu per cu. ft. (MJ/m3); 
and
Ec = electrical consumption of the water heater and, when 
used, the test setup recirculating pump, specified in Btu (kJ).

Standby Loss for tank type water heaters shall be determined using 
Appendix E.2

Standby Loss for tube type water heaters that contain 10 or more 
gallons within the water heater, as determined under 5.27, shall be 
determined using Appendix E.3

E.3 Method Of Test For Measuring Standby Loss For Tube Type 
Instantaneous Water Heaters With 10 or Greater Gallons of Storage

    The appliance shall be installed as specified in G.1, Method of 
Test for Measuring Thermal Efficiency. This test may be conducted 
immediately following the thermal efficiency test. In this case, start 
the test after the main burner(s) has shut down and, if applicable, the 
water pump has shut down. Otherwise, the water heater shall be put into 
operation under the same test conditions specified in G.1, and the 
outlet water temperature shall be adjusted by varying the rate of flow 
until temperature is constant at 70  2 [deg]F (21  1 [deg]C) above the supply temperature. After the outlet 
temperatures becomes constant, as indicated by no variation in excess 
of 2 [deg]F (1 [deg]C) over a 3 minute period, shut down the main 
burner(s) and, if applicable, wait for the water pump to shut down, and 
then start the test.
    At the start of the test, record the time, ambient temperature, 
outlet water temperature, supply water temperature, and begin measuring 
the fuel and electric consumption.
    During the first hour, outlet water temperature, supply water 
temperature and the ambient air temperature shall be measured at the 
end of each 5 minute interval. For the remainder of the test, these 
measurements shall be made at the end of every 15 minute interval. The 
duration of this test shall be 24 hours. If the main burner is firing 
at 24 hours, continue the test until the main burner and the water 
pump, if applicable, have shut down.
    Immediately after the conclusion of the test, record the total fuel 
flow and electrical energy consumption, the final ambient air 
temperature, and the final outlet water temperature.
    Calculate the average of the ambient air temperatures and the 
supply water temperatures taken at the end of each time interval, 
including the initial and final values.
    The average hourly standby loss, S, rounded to the nearest Btu per 
hour, shall be determined by the formula:

S = [(Cs(Qs)(H) + Ec)/t] - [([Delta]T4)/([Delta]T3)(t)Et ]

where

Cs = correction applied to the heating value of a gas H, when it is 
metered at temperature and/or pressure conditions other than the 
standard conditions for which the value of H is based;
H = higher heating value of gas, Btu per cu. ft. (MJ/m3);
Qs = total fuel flow as metered, cu. ft. (m3);
[Delta]T3 = difference between the outlet temperature and the 
average value of the ambient air temperature, [deg]F ([deg]C);
[Delta]T4 = difference between the average supply water temperature 
and the outlet temperature, [deg]F ([deg]C);
t = duration of test, hrs.;
Ec = electrical energy consumption expressed in Btu (kJ); and
Et = thermal efficiency as determined under G1, Method of Test for 
Measuring Thermal Efficiency

    If the main burner(s) does not cycle on during this test, the 
hourly average standby loss calculation simplifies to:

S = {(K(Va)([Delta]T4)/Et) + Ec {time} /t

    For water heaters that will not initiate or cause actions that will 
initiate burner operation, the following simplified procedure may be 
used to measure the hourly standby loss.
    This test may be conducted immediately following the thermal 
efficiency test. In this case, start the test after the main burner(s) 
has shut down and, if applicable, the water pump has shut down. 
Otherwise provide the electrical connection as specified in G.1, Method 
of Test for Measuring Thermal Efficiency, and start the test.
    At the start of the test, record the time and begin measuring the 
electric consumption for one hour. Record the duration of the test and 
the total electrical consumption during the test.
    The average hourly standby loss, S, rounded to the nearest Btu per 
hour, shall be determined by the formula:

S = [(([Delta]T5 k Va / Et)/24) +Ec]

Where:

[Delta]T5 = 70[emsp14][deg]F (38.9 [deg]C), difference 
between the supply and outlet water temperatures;
k= 8.25 Btu/gallon [deg]F (4147.6331 J/l [deg]C), the nominal 
specific heat of water;
Va = water contained in the water heater expressed in gallons (L), 
as determined under 5.27;
Ec = electrical energy consumption expressed in Btu (kJ); and
Et = thermal efficiency as determined under G1, Method of Test for 
Measuring

[[Page 36295]]

Thermal Efficiency.

[FR Doc. 2016-13252 Filed 6-3-16; 8:45 am]
 BILLING CODE 6450-01-P