Energy Conservation Program for Consumer Products: Granting of the Application for Interim Waiver and Publishing of the Petition for Waiver of Superior Fireplace Company From the DOE Vented Home Heating Equipment Test Procedure

The Energy Conservation Program for Consumer Products (other than automobiles) was established pursuant to the Energy Policy and Conservation Act, as amended (EPCA), which requires DOE to prescribe standardized test procedures to measure the energy consumption of certain consumer products, including vented home heating equipment. The intent of the test procedures is to provide a comparable measure of energy consumption that will assist consumers in making informed purchasing decisions. These test procedures appear at Title 10 CFR Part 430, Subpart B. The Department amended the test procedure rules to provide for a waiver process by adding Sec. 430.27 to Title 10 CFR Part 430, 45 FR 64108, September 26, 1980. Subsequently, DOE amended the waiver process to allow the Assistant Secretary for Energy Efficiency and Renewable Energy (Assistant Secretary) to grant an Interim Waiver from test procedure requirements to manufacturers that have petitioned DOE for a waiver of such prescribed test procedures. Title 10 CFR Part 430, Sec. 430.27(a)(2). The waiver process allows the Assistant Secretary to waive temporarily test procedures for a particular basic model when a petitioner shows that the basic model contains one or more design characteristics which prevent testing according to the prescribed test procedures, or when 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. Waivers generally remain in effect until final test procedure amendments become effective, resolving the problem that is the subject of the waiver. An Interim Waiver will be granted if it is determined that the applicant will experience economic hardship if the Application for Interim Waiver is denied, if it appears likely that the Petition for Waiver will be granted, and/or the Assistant Secretary determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the Petition for Waiver. Title 10 CFR Part 430, Sec. 430.27(g). An Interim Waiver remains in effect for a period of 180 days, or until DOE issues a determination on the Petition for Waiver, whichever is sooner, and may be extended for an additional 180 days, if necessary. On August 30, 1995, Superior filed an Application for Interim Waiver and a Petition for Waiver regarding (a) pilot light energy consumption and (b) weighted average steady state efficiency. On November 30, 1995, Superior submitted a letter to DOE requesting a modification to the minimum fuel input rate of the vented heaters submitted for consideration in the August 30, 1995 Waiver requests. On January 12, 1996, Superior Fireplace Company submitted a letter providing a list of companies that make similar products, confidential product performance data, and amending the list of models submitted for consideration in the August 30, 1995, Waiver requests. Superior seeks an Interim Waiver from the DOE test provisions in section 3.5 of Title 10 CFR Part 430, Subpart B, Appendix O, that require measurement of energy input rate of the pilot light (Qp), and the use of this data in section 4.2.6 for the calculation of AFUE, where:

AFUE=(4400ssuQin-max) / (4400ssQin-max + 2.5(4600)u Qp)

Instead, Superior requests that it be allowed to delete Qp and accordingly, the (2.5(4600)u Qp) term in the calculation of AFUE. Superior states that instructions to turn off the transient pilot by the user when the heater is not in use are in the User Instruction Manual and on a label adjacent to the gas control valve. Therefore, the additional energy savings that result when the pilot is turned off (Qp = 0) should be credited. Since the current DOE test procedure does not address pilot light energy savings, Superior asks that the Interim Waiver be granted. Superior also seeks an Interim Waiver from the DOE test provisions in section 3.1.1 of Title 10 CFR Part 430, Subpart B, Appendix O, which require steady state efficiency of manually controlled vented heaters with various input rates to be determined at a fuel input rate that is within 5 percent of 50 percent of the maximum fuel input rate, and the use of this data in section 4.2.4 to determine the weighted average steady state efficiency needed in the calculation of AFUE. Instead, Superior requests that it be allowed to determine steady state efficiency, weighted average steady state efficiency, and AFUE at a minimum fuel input rate of two-thirds of the maximum fuel input rate for its manually controlled vented heaters which do not adjust to an input rate as low as 50 percent. Since the current DOE test procedure does not address steady state testing for manually controlled vented heaters with various input rates at fuel input rates other than within 5 percent of 50 percent of the maximum fuel input rate, Superior asks that the waiver be granted. Previous Petitions for Waiver to exclude the pilot light energy input term in the calculation of AFUE for home heating equipment with a manual transient pilot control and allowance to determine weighted average steady state efficiency used in the calculation of AFUE at a minimum fuel input rate of 65.3 percent of the maximum fuel input rate instead of the specified 5 percent of 50 percent of the maximum fuel input rate have been granted by DOE to Appalachian Stove and Fabricators, Inc., 56 FR 51711, October 15, 1991, and Valor Incorporated, 56 FR 51714, October 15, 1991. The Department published a Notice of Proposed Rulemaking on August 23, 1993, to amend the vented home heating equipment test procedure, which would allow the above issues. 58 FR 44583. Thus, it appears likely that Superior's Petition for Waiver for pilot light and weighted average steady state efficiency for home heating equipment will be granted. In those instances where the likely success of the Petition for Waiver has been demonstrated based upon DOE having granted a waiver for a similar product design, it is in the public interest to have similar products tested and rated for energy consumption on a comparable basis. Therefore, based on the above, DOE is granting Superior an Interim Waiver for its models GI-3821, DSH-36T, DVH-33R, DVH-33T, DVA-33R, and DVA-33T vented heaters. Superior shall be permitted to test its models GI-3821, DSH-36T, DVH-33R, DVH-33T, DVA-33R, and DVA-33T vented heaters on the basis of the test procedures specified in Title 10 CFR Part 430, Subpart B, Appendix O, with the modifications set forth below: (i) Delete paragraph 3.5 of Appendix O. (ii) Delete paragraph 4.2.4 of Appendix O and replace with the following paragraph: 4.2.4 Weighted Average Steady-State Efficiency. (a) For manually controlled heaters with various input rates, the weighted average steady-state efficiency (SS-WT) is: (1) At 5 percent of 50 percent of the maximum fuel input rate as measured in either section 3.1.1 to this appendix for manually controlled gas vented heaters or section 3.1.2 to this appendix for

manually controlled oil vented heaters, or, (2) At the minimum fuel input rate as measured in either section 3.1.1 to this appendix for manually controlled gas vented heaters or section 3.1.2 to this appendix for manually controlled oil vented heaters if the design of the heater is such that 5 percent of 50 percent of the maximum fuel input rate can not be set, provided the tested input rate is no greater than two-thirds of maximum input rate of the heater. (b) For manually controlled heater with one single firing rate, the weighted average steady-state efficiency is the steady-state efficiency measured at the single firing rate. (iii) Delete paragraph 4.2.6 of Appendix O and replace with the following paragraph: 4.2.6 Annual Fuel Utilization Efficiency. For manually controlled vented heaters, calculate the Annual Fuel Utilization Efficiency (AFUE) as a percent and defined as:

AFUE = u

where: u=as defined in section 4.2.5 of this appendix.

(iv) With the exception of the modification set forth above, Superior shall comply in all respects with the procedures specified in Appendix O of Title 10 CFR Part 430, Subpart B. This Interim Waiver is based upon the presumed validity of statements and all allegations submitted by the company. This Interim Waiver may be removed or modified at any time upon a determination that the factual basis underlying the Application is incorrect. The Interim Waiver shall remain in effect for a period of 180 days or until DOE acts on the Petition for Waiver, whichever is sooner, and may be extended for an additional 180-day period, if necessary. Superior's Petition for Waiver requests DOE to grant relief from the DOE vented home heating equipment relating to the pilot light and weighted average steady state efficiency. Superior seeks (a) to exclude the pilot light energy consumption in the calculation of AFUE, and (b) to determine the weighted average steady state efficiency used in the calculation of AFUE at a minimum fuel input rate of two-thirds of the maximum fuel input rate instead of the specified 5 percent of 50 percent of the maximum fuel input rate. Pursuant to paragraph (b) of Title 10 CFR Part 430.27, the Department is hereby publishing the ``Petition for Waiver.'' The Petition contains confidential company information; thus, the confidential product performance data provided in Superior's January 12, 1996 submission is not being published. The Department solicits comments, data, and information respecting the Petition.

Issued in Washington, DC. February 1, 1996. Christine A. Ervin, Assistant Secretary, Energy Efficiency and Renewable Energy. August 30, 1995 The Honorable Christine Ervin, Assistant Secretary for Energy Efficiency & Renewable Energy, United States Department of Energy, Forrestal Building, 1000 Independence Avenue SW., Washington, D.C. 20585

RE: Petition for Waiver and Application for Interim Waiver

Dear Secretary Ervin: Superior Fireplace Company is requesting you to accept two waivers as listed below, concerning Title 10 Code of Federal Regulations 430.27, as amended 14 November 1986. These waivers are requested for model GI-3821, DSH-36T. 1. This waiver request refers to section 3.1.1.--Gas fueled vented home heating equipment and section 4.2.4--Weighted-average steady-state efficiency which states that for manually controlled heaters with various input rates the weighted-average steady-state efficiency is measured at a fuel input rate of 5 percent of 50 percent of the maximum fuel input rate. In fact the above appliances have a gas control that comes with a variable pressure regulator control knob which can be adjusted from the maximum input rate to the minimum input rate. Specifically, Natural gas control knob has adjustment of manifold pressure from 3.5'' W.C. to 2.5'' W.C. and for Propane from 10.0'' W.C. to 6.4'' W.C. These pressure ranges allow the users to vary the fuel input rate as shown below in the table. It is impossible to achieve the fuel input rate of 50% according to the manufacturer's installation instructions. Because the above models cannot be operated at 50% of the maximum fuel input and usually operated at maximum fuel input rate we request that this requirement be modified to 80% of the difference between the maximum fuel input rate and the minimum fuel input rate.

---------------------------------------------------------------------------------------------------------------- Percentage Maximum Minimum maximum Manifold pressure rate BTUH rate BTUH rate ---------------------------------------------------------------------------------------------------------------- GI-3821-N............................ 38000 30000 79 3.5-2.2 W.C. GI-3821-P............................ 34000 26000 76 10-6.4 W.C. DSH-36T-N............................ 27000 21000 77 3.5-2.2 W.C. DSH-36T-P............................ 25000 20000 80 10-6.4 W.C. ----------------------------------------------------------------------------------------------------------------

2. Second waiver refers to section 3.5--Pilot Light Measurement and section 4.26--Annual Fuel Utilization Efficiency. This section requires the calculation of the pilot light energy to be figured in for calculation of AFUE if the pilot is in operation all the time. The gas control knob on these appliances have three settings-- ``OFF,'' ``ON'' and ``PILOT''. The pilot can be lighted with the piezo igniter when the gas control knob is turned and depressed at the ``PILOT'' position. Once the pilot is lighted, it will heat the thermopile which generates enough voltage to the gas control valve to have the pilot remain lit. The gas control knob can then be turned to the ``ON'' position for the main burner to turn on. Instructions and labels next to the control will require users to turn the gas control knob to the ``OFF'' position during the off cycle will be provided. Therefore, additional energy will be conserved. Since the current test procedure does not allow any credit given in the calculations for AFUE for saving energy from the pilot during the off cycle, we request that the requirement to include energy input to the pilot light in the AFUE calculation be waived for these appliances. Copies of confidential test data confirming the energy savings will be forwarded to you upon request. Superior Fireplace Company is confident that both waivers will be granted since similar waivers have been granted in the past to Appalachian Stove and Fabricators, Inc. and Valor Incorporated. A copy of this petition for waiver and Application for Interim Waiver is being sent to the manufacturers that produce similar products in the U.S.A.

Sincerely, Hardial Gore, Sr. Project Engineer. Nov. 30, 1995 The Honorable Christine Ervin, Assistant Secretary for Energy Efficiency & Renewable Energy, United States Department of Energy, Forrestal Building, 1000 Independence Avenue SW., Washington, D.C. 20585

RE: Amendment to Petition for Waiver and Application for Interim Waiver

Dear Secretary Ervin: In order to expedite the approval to petition for waiver and application for interim waiver requested in my letter dated Aug. 30th 1995, Superior Fireplaces Company is ready to accept the changes to the first waiver as follows: Superior Fireplaces Company will adopt the test procedure proposed by DOE on 23 August, 1993.58 FR 44538. Accordingly, we request to calculate the weighted average steady state efficiency using the minimum obtainable fuel input rate provided this rate is no greater than \2/3\ the maximum input rate of the fireplace. Specifically, the models included in this request will be tested at \2/3\ of the maximum fuel input rate. The second waiver requested in my first letter will remain unchanged. We are very confident that both of these waivers will be granted since similar waivers have been granted to the other manufacturers.

Sincerely, Hardial Gore, Sr. Project Engineer. January 12, 1996 The Honorable Christine Ervin, Assistant Secretary for Energy, Efficiency & Renewable Energy, United States Department of Energy, Forrestal Building, 1000 Independence Avenue, SW., Washington, D.C. 20585

RE: Additional information to Petition for Waiver and Application for Interim Waiver

Dear Secretary Ervin: Recent conversations with William Hui prompted me to send you the following information requested by the committee. Per your first request following is a list of companies that Superior knows make similar products namely Heat and Glow, Majestic, Heatilator, CFM, Vermont Castings, Appalachian Stove and Fabricators, Inc. and Valor Incorporated. Per your second request below is a table that shows a general trend of increase in efficiency as the input is increased. This information is confidential; please do not publish. This data was gathered from a DVH-33R model.

CONFIDENTIAL

As discussed with Mr. Hui we would like to add additional models DVH-33R, DVH-33T, DVA-33R, DVA-33T to the list for approval besides the GI 3821 and DSH-36T. If you have any questions please feel free to contact me.

Sincerely, Hardial Gore, Sr. Project Engineer, Gas Products. [FR Doc. 96-3056 Filed 2-13-96; 8:45 am] BILLING CODE 6450-01-M