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DEPARTMENT OF ENERGY

Energy Department

CFR Citation: 10 CFR Part 431

Docket ID: [Docket No. EERE-2008-BT-STD-0013]

RIN ID: RIN 1904-AB83

NOTICE: PROPOSED RULES

ACTION: Energy Conservation Program:

DOCUMENT ACTION: Notice of data availability and request for public comment.

SUBJECT CATEGORY: Energy Conservation Program for Certain Industrial Equipment: Energy Conservation Standards for Commercial Heating, Air-Conditioning, and Water-Heating Equipment

DATES: DOE will accept comments, data, and information regarding this NODA submitted no later than August 15, 2008. See Section IV, ``Public Participation,'' of this notice for details.

DOCUMENT SUMMARY: The Energy Policy and Conservation Act of 1975 (EPCA), as amended, directs the U.S. Department of Energy (DOE) to establish energy conservation standards for certain commercial and industrial equipment, including commercial heating, airconditioning, and water heating products. Of particular relevance here, the statute also requires that each time the corresponding consensus standardthe American Society of Heating, Refrigerating and AirConditioning Engineers, Inc. (ASHRAE)/ Illuminating Engineering Society of North America (IESNA) Standard 90.1is amended, DOE must assess whether there is a need to update the uniform national energy conservation standards for the same equipment covered under EPCA. ASHRAE officially released an amended version of this industry standard (ASHRAE Standard 90.12007) on January 10, 2008, thereby triggering DOE's related obligations under EPCA. As a first step in meeting these statutory requirements, today's notice of data availability (NODA) discusses the results of DOE's analysis of the energy savings potential of amended energy conservation standards for certain types of commercial equipment covered by ASHRAE Standard 90.1. Potential energy savings are based upon either the efficiency levels specified in the amended industry standard (i.e., ASHRAE Standard 90.12007) or more stringent levels that would result in significant additional conservation of energy and are technologically feasible and economically justified. DOE is publishing this NODA to: (1) Announce the results and preliminary conclusions of DOE's analysis of potential energy savings associated with amended standards for this equipment, and (2) request public comment on this analysis, as well as the submission of data and other relevant information.

SUMMARY: Industrial Equipment; Energy Conservation Standards for Commercial Heating, Air-Conditioning, and Water-Heating Equipment,


SUPPLEMENTAL INFORMATION

Table of Contents
I. Introduction

A. Authority

B. Purpose of the Notice of Data Availability

C. Background

D. Summary of DOE's Preliminary Assessment of Equipment for EnergySavings Analysis
II. Discussion of Equipment for Further Consideration

A. Commercial WarmAir Furnaces

1. GasFired Commercial WarmAir Furnaces

2. OilFired Commercial WarmAir Furnaces

B. Commercial Package AirConditioning and Heating Equipment

1. ThreePhase, ThroughtheWall AirCooled Air Conditioners and Heat Pumps

2. ThreePhase, SmallDuct, HighVelocity AirCooled Air Conditioners and Heat Pumps

3. Commercial Package AirCooled Air Conditioners with a Cooling Capacity at or Above 760,000 Btu per Hour

4. WaterCooled and EvaporativelyCooled Commercial Package Air Conditioners and Heat Pumps With a Cooling Capacity at or Above 135,000 Btu per Hour and Less Than 240,000 Btu per Hour

5. WaterCooled and EvaporativelyCooled Commercial Package Air Conditioners and Heat Pumps With a Cooling Capacity at or above 240,000 Btu per Hour

C. Packaged Terminal Air Conditioners and Heat Pumps

D. Commercial Water Heaters

1. OilFired Instantaneous Water Heaters

2. Electric Storage Water Heaters

E. Commercial Packaged Boilers

1. Small, GasFired Hot Water Commercial Packaged Boilers

2. Small, GasFired, Steam, All Except Natural Draft Commercial Packaged Boilers

3. Small, GasFired, Steam, Natural Draft, Commercial Packaged Boilers

4. Small, OilFired, Hot Water Commercial Packaged Boilers

5. Small, OilFired, Steam, Commercial Packaged Boilers

6. Large, GasFired, Hot Water Commercial Packaged Boilers

7. Large, GasFired, Steam, All Except Natural Draft Commercial Packaged Boilers

8. Large, GasFired, Steam, Natural Draft, Commercial Packaged Boilers

9. Large, OilFired, Hot Water Commercial Packaged Boilers

10. Large, OilFired, Steam Commercial Package Boilers III. Analysis of Potential Energy Savings

A. Annual Energy Use

B. Shipments

C. Other Analytical Inputs

1. SitetoSource Conversion

2. Effective Date

3. Analysis Period and Lifetime

D. Estimates of Potential Energy Savings
IV. Public Participation

A. Submission of Comments

B. Issues on Which DOE Seeks Comment
I. Introduction

A. Authority

Title III of EPCA, Pub. L. 94163, as amended, sets forth a variety of provisions concerning energy efficiency. Part A1 \1\ of Title III created the energy conservation program for ``Certain Industrial Equipment.'' (42 U.S.C. 63116317) In general, this program addresses the energy efficiency of certain types of commercial and industrial equipment. Part A1 specifically includes definitions (42 U.S.C. 6311), test procedures (42 U.S.C. 6314), labelling provisions (42 U.S.C. 6315), energy conservation standards (42 U.S.C. 6313), and the authority to require information and reports from manufacturers (42 U.S.C. 6316).
\1\ This part was originally titled Part C; however, it was redesignated Part A1 after Part C of Title III of EPCA was repealed by Public Law 10958.

In relevant part here, EPCA contains mandatory energy conservation standards for commercial heating, airconditioning, and water heating equipment. (42 U.S.C. 6313(a)) Specifically, the statute sets standards for small, large, and very large commercial package airconditioning and heating equipment, packaged terminal air conditioners (PTACs) and packaged terminal heat pumps (PTHPs), warmair furnaces, packaged boilers, storage water heaters, and unfired hot water storage tanks. Id. In doing so, EPCA established Federal energy conservation standards that generally correspond to the levels in ASHRAE Standard 90.1, Energy Standard for Buildings Except LowRise Residential Buildings, as in effect on October 24, 1992 (i.e., ASHRAE Standard 90.11989), for each type of covered equipment listed in 42 U.S.C. 6313(a).

In acknowledgement of technological changes that yield energy efficiency benefits, Congress further directed DOE through EPCA to consider amending the existing Federal energy efficiency standard for each type of equipment listed, each time ASHRAE Standard 90.1 is amended with respect to such equipment. (42 U.S.C. 6313(a)(6)(A)) For each type of equipment, EPCA directs that if ASHRAE Standard 90.1 is amended,\2\ DOE must adopt amended standards at the new efficiency level in ASHRAE Standard 90.1, unless clear and convincing evidence supports a determination that adoption of a more stringent level as a national standard would produce significant additional energy savings and be technologically feasible and economically justified. (42 U.S.C. 6313(a)(6)(A)(ii)) If DOE decides to adopt as a national standard the minimum efficiency levels specified in the amended ASHRAE Standard 90.1, DOE must establish such standard not later than 18 months after publication of the amended industry standard. (42 U.S.C.
6313(a)(6)(A)(ii)(I)) However, if DOE determines that a more stringent standard is justified under 42 U.S.C. 6313(a)(6)(A)(ii)(II), then DOE must establish such more stringent standard not later than 30 months after publication of the amended ASHRAE Standard 90.1. (42 U.S.C. 6313(a)(6)(B))
\2\ Although EPCA does not explicitly define the term
``amended'' in the context of ASHRAE Standard 90.1, DOE provided its interpretation of what would constitute an ``amended standard'' in a final rule published in the Federal Register on March 7, 2007 (hereafter referred to as the March 2007 final rule). 72 FR 10038. In that rule, DOE stated that the statutory trigger requiring DOE to adopt uniform national standards based on ASHRAE action is for ASHRAE to change a standard for any of the equipment listed in EPCA section 342(a)(6)(A)(i) (42 U.S.C. 6313(a)(6)(A)(i)) by increasing the energy efficiency level for that equipment type. Id. 10042. In other words, if the revised ASHRAE Standard 90.1 leaves the standard level unchanged or lowers the standard, as compared to the level specified by the national standard adopted pursuant to EPCA, DOE does not have the authority to conduct a rulemaking to consider a higher standard for that equipment pursuant to 42 U.S.C.
6313(a)(6)(A).

[[Page 40772]]

As a preliminary step in this process, EPCA directs DOE to publish in the Federal Register for public comment an analysis of the energy savings potential of amended energy efficiency standards, within 180 days after ASHRAE Standard 90.1 is amended with respect to any of the covered products specified under 42 U.S.C. 6313(a).\3\ (42 U.S.C. 6313(a)(6)(A))
\3\ This statutory provision was added by section 305 of the Energy Independence and Security Act of 2007 (EISA 2007), Public Law 110140, which applies to all of the products for which there are currently Federal energy conservation standards that are also covered by ASHRAE Standard 90.1. In addition, this document is also required under the Consent Decree (filed Nov. 6, 2006) in New York v. Bodman, No. 05 Civ. 7807 (S.D.N.Y. filed Sept. 7, 2005) and Natural Resources Defense Council v. Bodman, No. 05 Civ. 7808 (S.D.N.Y. filed Sept. 7, 2005), which requires an initial DOE action to be taken on any ASHRAE amendments related to products in the Consent Decree (i.e., packaged terminal air conditioners and packaged terminal heat pumps, packaged boilers, and instantaneous water heaters) no later than six months after adoption of the amendment by ASHRAE. (Consent Decree section III, paragraph 4)

On January 9, 2008, ASHRAE's Board of Directors gave final approval to ASHRAE Standard 90.12007 \4\ for distribution, which ASHRAE officially released and made public on January 10, 2008. This action by ASHRAE triggered DOE's obligations under 42 U.S.C. 6313(a)(6), as outlined above. This NODA embodies the analysis of the energy savings potential of amended energy efficiency standards, as required under 42 U.S.C. 6313(a)(6)(A)(i).
\4\ This industry standard is developed with input from a number of organizationsmost prominently, ASHRAE, the American National Standards Institute (ANSI), and the Illuminating Engineering Society of North America (IESNA). Therefore, this document may sometimes be referred to more formally as ANSI/ASHRAE/IESNA Standard 90.12007. See http://www.ashrae.org for more information. B. Purpose of the Notice of Data Availability

As explained above, DOE is publishing today's NODA as a preliminary step pursuant to EPCA's requirements for DOE to consider amended energy conservation standards for certain types of commercial equipment covered by ASHRAE Standard 90.1, whenever ASHRAE amends its standard to increase the energy efficiency level for that equipment type. Specifically, this NODA presents for public comment DOE's analysis of the potential energy savings estimates for amended national energy conservation standards for these types of commercial equipment based on: (1) The modified efficiency levels contained within ASHRAE Standard 90.12007, and (2) more stringent efficiency levels. DOE describes these analyses and preliminary conclusions and seeks input from interested parties, including the submission of data and other relevant information.

DOE is not required by EPCA to review additional changes in ASHRAE Standard 90.12007 for those equipment types where ASHRAE did not increase the efficiency level. For those types of equipment for which efficiency levels clearly did not change, DOE has conducted no further analysis. However, for other ASHRAE products, DOE found that while ASHRAE had made changes in ASHRAE Standard 90.12007, it was not immediately apparent whether such revisions to the Standard 90.1 level would make the equipment more or less efficient, as compared to the existing Federal energy conservation standards. For example, when setting a standard using a different efficiency metric (as is the case for several types of commercial packaged boiler equipment), ASHRAE Standard 90.12007 changes the standard level from that specified in EPCA, but it is not immediately clear whether a standard level will make equipment more or less efficient. Therefore, DOE is undertaking this additional threshold analysis in order to thoroughly evaluate the amendments in ASHRAE Standard 90.12007 in a manner consistent with its statutory mandate.

Using this approach, DOE has undertaken a comprehensive analysis of the products covered under both EPCA and ASHRAE Standard 90.12007 to determine which products types require further analysis. Section II, Discussion of Equipment for Further Consideration, contains a description of DOE's evaluation of each ASHRAE equipment type for which energy conservation standards have been set pursuant to EPCA, in order for DOE to determine whether the amendments in Standard 90.12007 have resulted in increased efficiency levels. For those types of equipment in ASHRAE Standard 90.1, which have been determined to increase the efficiency levels, DOE subjected that equipment to further analysis under Section III, Analysis of Potential Energy Savings.

In summary, the energy savings analysis presented in this NODA is a preliminary step required under 42 U.S.C. 6313(a)(6)(A)(i). After review of the public comments on this NODA, if DOE decides that the amended efficiency levels in ASHRAE Standard 90.12007 have the potential for additional energy savings for types of equipment currently covered by uniform national standards, DOE will commence rulemaking to consider amended standards, based upon either the efficiency levels in ASHRAE Standard 90.12007 or more stringent efficiency levels which would be expected to result in significant additional conservation of energy and are technologically feasible and economically justified. In conducting such rulemaking, DOE will address the general rulemaking requirements for all energy conservation standards, such as the antibacksliding provision \5\ (42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(1)), the criteria for making a determination that a standard is economically justified \6\ (42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(2)(B)(i)(ii)), and the prohibition on making unavailable existing products with performance characteristics generally available in the U.S.\7\ (42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(4)).
\5\ EPCA contains what is commonly known as an ``anti
backsliding'' provision (42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(1)). This provision mandates that the Secretary not prescribe any amended standard that either increases the maximum allowable energy use or decreases the minimum required energy efficiency of covered equipment. Natural Resources Defence Council v. Abraham, 355 F. 3d 179 (2d Cir. 2004).
\6\ In deciding whether a more stringent standard is
economically justified, DOE must review comments on the proposed standard, and then determine whether the benefits of the standard exceed its burdens by considering the following seven factors to the greatest extent practicable:
(1) The economic impact on manufacturers and consumers subject to the standard;
(2) The savings in operating costs throughout the estimated average life of the product in the type (or class), compared to any increase in the price, initial charges, or maintenance expenses of the products 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 product utility or performance likely to result from the standard;
(5) The impact of any lessening of competition, as determined in writing by the Attorney General, likely to result from the standard; (6) The need for national energy conservation; and
(7) Other factors the Secretary considers relevant.
(42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(2)(B)(i)(ii))
\7\ The Secretary may not prescribe an amended standard if interested persons have established by a preponderance of evidence that the amended standard is ``likely to result in the
unavailability in the United States of any product type (or class)'' with performance characteristics (including reliability), features, sizes, capacities, and volumes that are substantially the same as those generally available in the United States at the time of the Secretary's finding. (42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(4)) C. Background

ASHRAE Standard 90.12007

As noted above, on January 9, 2008, ASHRAE's Board of Directors gave final approval to ASHRAE Standard 90.12007, which ASHRAE released on January 10, 2008. The ASHRAE standard addresses efficiency levels for many types of commercial heating,
[[Page 40773]]
ventilating, airconditioning (HVAC), and waterheating equipment covered by EPCA. ASHRAE Standard 90.12007 revised the efficiency levels for certain commercial equipment, but for the remaining equipment, ASHRAE left in place the preexisting levels (i.e., the efficiency levels specified in EPCA or the efficiency levels in ASHRAE Standard 90.11999).

Table I.1 below sets forth the existing Federal energy conservation standards and the efficiency levels specified in ASHRAE Standard 90.1 2007 for equipment where ASHRAE modified its requirements. The balance of this section of the document will assess these equipment types to determine whether the amendments in ASHRAE Standard 90.12007 constitute increased energy efficiency levels, as would necessitate further analysis of the potential energy savings from amended Federal energy conservation standards under Section III.
Table I.1.Federal Energy Conservation Standards and Energy Efficiency Levels in ASHRAE Standard 90.12007 for Specific Types of Commercial Equipment* ASHRAE Federal energy Energy efficiency Standard 90.1 Energysavings ASHRAE equipment class conservation levels in ASHRAE 2007 potential analysis standards Standard 90.12007 effective date required Commercial WarmAir Furnaces GasFired Commercial WarmAir Et = 80%........... Ec = 80%........... 1/10/2008 No (See Section furnace. Interrupted or II.A.1.). intermittent ignition device, jacket losses not exceeding 0.75% of input rating, power vent, or flue damper**. OilFired Commercial WarmAir Et = 81%........... Et = 81%........... 1/10/2008 No (See Section furnace. Interrupted or II.A.2.). intermittent ignition device, jacket losses not exceeding 0.75% of input rating, power vent, or flue damper**. Commercial Package AirConditioning and Heating Equipment ThroughtheWall Air Conditioners 13.0 SEER*** 12.0 SEER (As of 01/ 1/23/2010 No (See Section (Effective as of 23/10) II.B.1.). 06/19/08)
ThroughtheWall AirCooled Heat 13.0 SEER 12.0 SEER 7.4 HSPF 1/23/2010 No (See Section Pumps. (Effective as of [dagger] (As of 01/ II.B.1.). 06/19/08) 23/10) Small Duct, High Velocity, Air 13.0 SEER 10.0 SEER.......... 1/10/2008 No (See Section Cooled Air Conditioners. (Effective as of II.B.2.). 06/19/08)
Small Duct, High Velocity, Air 13.0 SEER 10.0 SEER 6.8 HSPF 1/10/2008 No (See Section Cooled Heat Pumps. (Effective as of II.B.2.). 06/19/08)
Packaged AirCooled Air None............... 9.7 EER 1/1/2010 No (See Section Conditioners with Cooling [dagger][dagger][d II.B.3.). Capacity [gteqt]760,000 Btu/h agger] (As of 01/ [dagger][dagger] and with No 01/10) Heating or with Electric
Resistance Heating.
Packaged AirCooled Air None............... 9.5 EER (As of 01/ 1/1/2010 No (See Section Conditioners with Cooling 01/10) II.B.3.). Capacity [gteqt]760,000 Btu/h
and with Heating That is Other
Than Electric Resistance Heating.
WaterCooled and Evaporatively 11.0 EER........... 11.0 EER........... [Dagger]1/10/ No (See Section Cooled Air Conditioner with 2008 II.B.4.). Cooling Capacity [gteqt]135,000
and <240,000 Btu/h, and with No
Heating or with Electric
Resistance Heating.
WaterCooled and Evaporatively 11.0 EER........... 10.8 EER........... [Dagger]1/10/ No (See Section Cooled Air Conditioner with 2008 II.B.4.). Cooling Capacity [gteqt]135,000
and <240,000 Btu/h, and with
Heating That is Other Than
Electric Resistance Heating.
WaterCooled and Evaporatively None............... 11.0 EER........... 1/10/2008 No (See Section Cooled Air Conditioner with II.B.5.). Cooling Capacity [gteqt]240,000
Btu/h and with No Heating or
with Electric Resistance Heating.
WaterCooled and Evaporatively None............... 10.8 EER........... 1/10/2008 No (See Section Cooled Air Conditioner with II.B.5.) Cooling Capacity [gteqt]240,000
Btu/h and with Heating That is
Other Than Electric Resistance
Heating.
[[Page 40774]]
Packaged Terminal Air Conditioners (PTACs) and Heat Pumps (PTHPs) [Dagger][Dagger] Packaged Terminal Air EER = 8.88......... EER = 11.0......... [Dagger]1/10/ No (See Section Conditioners with Cooling 2008 II.C.). Capacity <7,000 Btu/h, and
Standard Size
[Dagger][Dagger][Dagger] (New
Construction).
Packaged Terminal Air EER = 8.88......... EER = 9.4.......... [Dagger]1/10/ No (See Section Conditioners with Cooling 2008 II.C.). Capacity <7,000 Btu/h, and Non
Standard Size [diam]
(Replacement).
Packaged Terminal Air EER = 10.0(0.16 x EER = 12.5(0.213 x [Dagger]1/10/ No (See Section Conditioners with Cooling Cap [diam][diam]). Cap [diam][diam]). 2008 II.C.). Capacity [gteqt]7,000 and
<15,000 Btu/h, and Standard Size
[Dagger][Dagger][Dagger] (New
Construction).
Packaged Terminal Air EER = 10.0(0.16 x EER = 10.9(0.213 x [Dagger]1/10/ No (See Section Conditioners with Cooling Cap [diam][diam]). Cap [diam][diam]). 2008 II.C.). Capacity [gteqt]7,000 and
<15,000 Btu/h, and NonStandard
Size[diam] (Replacement).
Packaged Terminal Air EER = 7.6.......... EER = 9.3.......... [Dagger]1/10/ No (See Section Conditioners with Cooling 2008 II.C.). Capacity >15,000 Btu/h, and
Standard Size
[Dagger][Dagger][Dagger] (New
Construction).
Packaged Terminal Air EER = 7.6.......... EER = 7.7.......... [Dagger]1/10/ No (See Section Conditioners with Cooling 2008 II.C.). Capacity >15,000 Btu/h, and Non
Standard Size [diam]
(Replacement).
Packaged Terminal Heat Pumps with EER = 8.88......... EER = 10.8......... [Dagger]1/10/ No (See Section Cooling Capacity <7,000 Btu/h, COP[diam][diam][dia COP = 3.0.......... 2008 II.C.). and Standard Size m] = 2.7.
[Dagger][Dagger][Dagger] (New
Construction).
Packaged Terminal Heat Pumps with EER = 8.88......... EER = 9.3.......... [Dagger]1/10/ No (See Section Cooling Capacity <7,000 Btu/h, COP = 2.7.......... COP = 2.7.......... 2008 II.C.). and NonStandard Size[diam]
(Replacement).
Packaged Terminal Heat Pumps with EER = 10.0(0.16 x EER = 12.3(0.213 x [Dagger]1/10/ No (See Section Cooling Capacity [gteqt]7,000 Cap [diam][diam]). Cap [diam][diam]). 2008 II.C.). and <15,000 Btu/h, and Standard COP = 1.3 + (0.16 x COP = 3.2(0.026 x Size [Dagger][Dagger][Dagger] EER). Cap [diam][diam]).. (New Construction).
Packaged Terminal Heat Pumps with EER = 10.0(0.16 x EER = 10.8(0.213 x [Dagger]1/10/ No (See Section Cooling Capacity [gteqt]7,000 Cap [diam][diam]). Cap [diam][diam]). 2008 II.C.). and <15,000 Btu/h, and Non COP = 1.3 + (0.16 x COP = 2.9(0.026 x Standard Size [diam] EER). Cap [diam][diam]).. (Replacement).
Packaged Terminal Heat Pumps with EER = 7.6.......... EER = 9.1.......... [Dagger]1/10/ No (See Section Cooling Capacity >15,000 Btu/h, COP = 2.5.......... COP = 2.8.......... 2008 II.C.) and Standard Size
[Dagger][Dagger][Dagger] (New
Construction).
Packaged Terminal Heat Pumps with EER = 7.6.......... EER = 7.6.......... [Dagger]1/10/ No (See Section Cooling Capacity >15,000 Btu/h, COP = 2.5.......... COP = 2.5.......... 2008 II.C.). and NonStandard Size [diam]
(Replacement).
Commercial Water Heaters OilFired Instantaneous Water ET = 78%........... ET = 78%........... [Dagger]1/10/ No (See Section Heaters [gteqt]4,000 Btu/h/gal SL = Q/800 + SL = Q/800 + 2008 II.D.1.). and [gteqt]10 gal. 110(Vr)1/2, Btu/h. 110(V)1/2, Btu/h. Electric Storage Water Heaters... SL = 0.3 + 27/Vm (%/ SL = 20 + 35(V)1/2, [Dagger]1/10/ No (See Section h). Btu/h. 2008 II.D.2.). Commercial Packaged Boilers Small GasFired, Hot Water, EC = 80%........... ET = 80%........... 3/2/2010 Yes (See Section Commercial Packaged Boilers. II.E.1, Section III, and Table III.4.). Small GasFired, Steam, All EC = 80%........... ET = 79%........... 3/2/2010 Yes (See Section Except Natural Draft Commercial II.E.2, Section Packaged Boilers. III, and Table III.5.). Small GasFired, Steam, Natural EC = 80%........... ET = 77% (Effective 3/2/2010 Yes (See Section Draft, Commercial Packaged 03/2/2010). .............. II.E.3, Section Boilers. ET = 79% (Effective 3/2/2020 III, and Table 03/2/2020). III.6.). [[Page 40775]]
Small OilFired, Hot Water, EC = 83%........... ET = 82%........... 3/2/2010 Yes (See Section Commercial Packaged Boilers. II.E.4, Section III, and Table III.7.). Small OilFired, Steam, EC = 83%........... ET = 81%........... 3/2/2010 Yes (See Section Commercial Packaged Boilers. II.E.5, Section III, and Table III.8.). Large GasFired, Hot Water, EC = 80%........... EC = 82%........... 3/2/2010 Yes (See Section Commercial Packaged Boilers. II.E.6, Section III, and Table III.9.). Large GasFired, Steam, All EC = 80%........... ET = 79%........... 3/2/2010 Yes (See Section except Natural Draft, Boilers. II.E.7, Section III, and Table III.10.). Large GasFired, Steam, Natural EC = 80%........... ET = 77% (Effective 3/2/2010 Yes (See Section Draft, Commercial Packaged 3/2/2010). .............. II.E.8, Section Boilers. ET = 79% (Effective 3/2/2020 III, and Table 3/2/2020). III.11.). Large OilFired, Hot Water, EC = 83%........... EC = 84%........... 3/2/2010 Yes (See Section Commercial Packaged Boilers. II.E.9, Section III, and Table III.12.). Large OilFired, Steam, EC = 83%........... ET = 81%........... 3/2/2010 No (See Section Commercial Packaged Boilers. II.E.10.). * All equipment classes included in this table are equipment where there is a perceived difference between the current Federal standard levels and the efficiency levels specified by ASHRAE Standard 90.12007. Although, in some cases, the efficiency levels in this table may appear to be equal or lower than the Federal energy conservation standards, DOE further reviewed the efficiency levels in ASHRAE Standard 90.12007 and presented its findings in section II, Discussion of Equipment for Further Consideration. ** A vent damper is an acceptable alternative to a flue damper for those furnaces that draw combustion air from conditioned space.
*** Seasonal Energy Efficiency Ratio.
[dagger] Heating Seasonal Performance Factor.
[dagger][dagger] British thermal units per hour (Btu/h).
[dagger][dagger][dagger] Energy Efficiency Ratio.
[Dagger] For the purposes of this NODA, the date shown in this column is the date of publication of ASHRAE Standard 90.12007 (Jan. 10, 2008) for equipment where the ASHRAE Standard 90.12007 initially appears to be different from the Federal energy conservation standards and where no effective date was specified by ASHRAE Standard 90.12007.
[Dagger][Dagger] For equipment rated according to the DOE test procedure, all EER values must be rated at 95[deg]F outdoor drybulb temperature for aircooled products and evaporativelycooled products, and at 85[deg]F entering water temperature for watercooled products. All COP values must be rated at 47[deg]F outdoor drybulb temperature for aircooled products, and at 70[deg]F entering water temperature for water source heat pumps.
[Dagger][Dagger][Dagger] Standard size refers to PTAC or PTHP equipment with wall sleeve dimensions [gteqt]16 inches high, or [gteqt]42 inches wide.
[diam] Nonstandard size refers to PTAC or PTHP aequipment with wall sleeve dimensions less than 16 inches high and less than 42 inches wide. ASHRAE/IESNA Standard 90.11999 also includes a factory labeling requirement for nonstandard size PTAC and PTHP equipment as follows: ``MANUFACTURED FOR REPLACEMENT APPLICATIONS ONLY; NOT TO BE INSTALLED IN NEW CONSTRUCTION PROJECTS.''
[diam][diam] Cap means cooling capacity in kBtu/h at 95[deg]F outdoor drybulb temperature. [diam][diam][diam] Coefficient of Performance.
D. Summary of DOE's Preliminary Assessment of Equipment for Energy Savings Analysis

DOE has reached a preliminary conclusion for each of the classes of commercial equipment for which ASHRAE Standard 90.12007 modified the preexisting minimum efficiency standard. For each class of commercial equipment for which ASHRAE modified the preexisting standard, DOE assessed whether the change made would increase energy efficiency and, therefore, require an energysavings potential analysis. This assessment is summarized in Section II of this NODA. Table I.1 indicates whether DOE concluded, based on this assessment, that an energysavings potential analysis is required. For those products for which such an analysis is required, DOE has indicated the results of its preliminary analysis in section III.

Based upon DOE's analysis in section II, DOE has determined that ASHRAE increased the efficiency level for the following equipment classes. Accordingly, DOE performed an energysavings analysis for these equipment types, the results of which are presented in section III. These equipment classes include:

  • Small, GasFired Hot Water Commercial Packaged Boilers;
  • Small, GasFired, Steam, All Except Natural Draft Commercial Packaged Boilers;
  • Small, GasFired, Steam, Natural Draft, Commercial Packaged Boilers;
  • Small, OilFired, Hot Water Commercial Packaged Boilers;
  • Small, OilFired, Steam, Commercial Packaged Boilers;
  • Large, GasFired, Hot Water Commercial Packaged Boilers;
  • Large, GasFired, Steam, All Except Natural Draft Commercial Packaged Boilers;
  • Large, GasFired, Steam, Natural Draft, Commercial Packaged Boilers;
  • Large, OilFired, Hot Water Commercial Packaged Boilers. [[Page 40776]]

    II. Discussion of Equipment for Further Consideration

    As discussed above, before beginning an analysis of the potential energy savings that would result from adopting the efficiency levels specified by ASHRAE Standard 90.12007 or more stringent efficiency levels, DOE first determined whether or not the ASHRAE Standard 90.1 2007 efficiency levels actually represented an increase in efficiency above the current Federal standard levels. This section contains a discussion of each equipment class where the ASHRAE Standard 90.12007 efficiency level differs from the current Federal standard level, along with a preliminary conclusion as to the action DOE would take with respect to that equipment.

    A. Commercial WarmAir Furnaces

    Under EPCA, a ``warm air furnace'' is defined as ``a selfcontained oil or gasfired furnace designed to supply heated air through ducts to spaces that require it and includes combination warm air furnace/ electric airconditioning units but does not include unit heaters and duct furnaces.'' (42 U.S.C. 6311(11)(A)) In its regulations, DOE defines a ``commercial warm air furnace'' as a ``warm air furnace that is industrial equipment, and that has a capacity (rated maximum input) of 225,000 Btu per hour or more.'' 10 CFR 431.72. The amendments in ASHRAE Standard 90.12007 trigger DOE to evaluate two types of furnaces: (1) Gasfired commercial warm air furnaces, and (2) oilfired commercial warm air furnaces.

    1. GasFired Commercial WarmAir Furnaces

    Gasfired commercial warmair furnaces are fueled by either natural gas or propane. The Federal minimum energy conservation standard for commercial gasfired warmair furnaces corresponds to the efficiency level in ASHRAE Standard 90.11999, which specifies for equipment with a capacity of 225,000 Btu/h or more, the thermal efficiency at the maximum rated capacity (rated maximum input) must be no less than 80 percent. 10 CFR Part 431.77(a). The Federal minimum energy conservation standard for gasfired commercial warmair furnaces applies to equipment manufactured on or after January 1, 1994. 10 CFR 431.77.

    ASHRAE changed the efficiency levels for gasfired commercial warm air furnaces by changing the metric from a thermal efficiency descriptor to a combustion efficiency descriptor and adding three design requirements. Specifically, the efficiency levels in ASHRAE Standard 90.12007 specify a minimum combustion efficiency of 80 percent. ASHRAE Standard 90.12007 also specifies the following design requirements for commercial gasfired warmair furnaces: The gasfired commercial warmair furnace must use an interrupted or intermittent ignition device, have jacket losses no greater than 0.75 percent of the input rating, and use a power vent or flue damper.

    In order to evaluate the change in efficiency level (if any) effectuated by the amended ASHRAE standard, DOE reviewed the change of metric for gasfired commercial warmair furnaces. In general, the energy efficiency of a product is a function of the relationship between the product's output of services and its energy input. A furnace's output is largely the energy content of its output (i.e., warm air delivered to the building). A furnace's energy losses consist of energy that escapes through its flue (commonly referred to as ``flue losses''), and of energy that escapes into the area surrounding the furnace (commonly referred to as ``jacket losses'').

    In a final rule published in the Federal Register on October 21, 2004 (the October 2004 final rule), DOE incorporated definitions for commercial warmair furnaces and its efficiency descriptor, energy efficiency test procedures, and energy conservation standards. 69 FR 61916. In the October 2004 final rule, DOE pointed out that EPCA specifies the energy conservation standard levels for commercial warm air furnaces in terms of thermal efficiency (42 U.S.C. 6313(a)(4)(A) (B); 10 CFR 431.77), but provides no definition for this term. DOE proposed to interpret this term in the context of commercial warmair furnaces to mean combustion efficiency (i.e., 100 percent minus percent flue loss). Id. at 61919. Given use of the thermal efficiency term in EPCA and its continued use as the efficiency descriptor for furnaces in ANSI Standard Z21.47, GasFired Central Furnaces (DOE's test procedure for this equipment), DOE stated that it would be confusing to use the term ``combustion efficiency'' in the final rule. Accordingly, DOE defined the term ``thermal efficiency'' to mean 100 percent minus the percent flue loss in the October 2004 final rule for gasfired commercial warmair furnaces. Id.

    Upon reviewing the efficiency levels and methodology specified in ASHRAE Standard 90.12007, DOE believes that despite changing the name of the energy efficiency descriptor from ``thermal efficiency'' to ``combustion efficiency,'' ASHRAE did not intend to change the efficiency metric for gasfired commercial warm air furnaces. When ASHRAE specified a newer version of the test procedure manufacturers use for gasfired commercial air furnaces (i.e., ANSI Standard Z21.47 2001), the calculation of thermal efficiency did not change from the previous version. So despite that change in the name of the energy efficiency descriptor, DOE believes that in the present context, the terms are synonymous, because the calculation of that value has not changed (i.e. , 100 percent minus the percent flue loss). DOE sees no plausible reason why ASHRAE would have chosen to incorporate a different metric than that used in the ANSI Standard Z21.472001 test procedure. Consequently, because the amendments for this type of product set out in ASHRAE Standard 90.12007 do not appear to have changed the efficiency level, DOE tentatively plans to leave the existing Federal energy conservation standards in place for gasfired commercial warm air furnaces, which specify a thermal efficiency of 80 percent using the definition of ``thermal efficiency'' established by DOE in the October 2004 final rule and presented in subpart D to 10 CFR part 431.

    2. OilFired Commercial WarmAir Furnaces

    The Federal minimum energy conservation standard for commercial oilfired warmair furnaces corresponds to the efficiency level in ASHRAE Standard 90.11999, which specifies that for equipment with a capacity of 225,000 Btu/h or more, the thermal efficiency at the maximum rated capacity (rated maximum input) must be no less than 81 percent. 10 CFR 431.77(b). The Federal minimum energy conservation standard for oilfired commercial warmair furnaces applies to equipment manufactured on or after January 1, 1994. 10 CFR 431.77.

    The efficiency level in ASHRAE Standard 90.12007 specifies a minimum thermal efficiency of 81 percent. ASHRAE did not change the efficiency levels for oilfired commercial warmair furnaces, but ASHRAE added three design requirements. ASHRAE Standard 90.12007 now specifies that commercial, oilfired, warmair furnaces must use an interrupted or intermittent ignition device, have jacket losses no greater than 0.75 percent of the input rating, and use a power vent or flue damper.

    DOE published a final rule in the Federal Register on March 7, 2007, which states that the statutory trigger that requires DOE to adopt uniform national standards based on ASHRAE action is for ASHRAE to change a
    [[Page 40777]]
    standard by increasing the energy efficiency of the equipment listed in EPCA section 342(a)(6)(A)(i) (42 U.S.C. 6313 (a)(6)(A)(i)). 72 FR 10038, 10042. If ASHRAE merely considers raising the standards for any of the equipment listed in this section but ultimately decides to leave the standard levels unchanged or lowers the standard, DOE does not have the authority to conduct a rulemaking for higher standards. Id. If ASHRAE imposes more stringent standards for a specific subset of the listed equipment, DOE only has the authority to adopt the ASHRAE levels for that subset of equipment and its effective dates specified in the new ASHRAE standard. Id.

    In practice, 42 U.S.C. 6313 generally allows ASHRAE Standard 90.1 to set minimum energy efficiency levels for equipment as a model building code and directs DOE to use these efficiency levels as the basis for maintaining consistent, uniform national energy conservation standards for the same equipment, provided all other applicable statutory requirements are met. If ASHRAE has not changed an efficiency level for a class of equipment subject to 42 U.S.C. 6313, DOE does not have authority to consider amending the uniform national standard at the time of publication of the amended ASHRAE Standard 90.1. Therefore, although ASHRAE added design requirements in ASHRAE Standard 90.12007, it did not change the efficiency levels for oilfired commercial warm air furnaces. Therefore, DOE does not have authority to amend the uniform national standard for this equipment. As stated in the March 2007 final rule, DOE believes that the statutory language specifically links ASHRAE's action in changing standards for specific equipment as a prerequisite to DOE's action for that same equipment. 72 FR 10038, 10042 (March 7, 2007).
    B. Commercial Package AirConditioning and Heating Equipment

    EPCA, as amended, includes the following definition of ``commercial package airconditioning and heating equipment'': ``aircooled, water cooled, evaporativelycooled, or water source (not including ground water source) electrically operated, unitary central air conditioners and central airconditioning heat pumps for commercial application.'' (42 U.S.C. 6311(8)(A); 10 CFR 431.92) EPCA also defines ``small,'' ``large,'' and ``very large commercial package airconditioning and heating equipment'' based on the equipment's rated cooling capacity. (42 U.S.C. 6311(8)(B)(D); 10 CFR 431.92) ``Small commercial package airconditioning and heating equipment'' means ``commercial package airconditioning and heating equipment that is rated below 135,000 Btu per hour (cooling capacity).'' (42 U.S.C. 6311(8)(B); 10 CFR 431.92) ``Large commercial package airconditioning and heating equipment'' means ``commercial package airconditioning and heating equipment that is rated: (i) at or above 135,000 Btu per hour; and (ii) below 240,000 Btu per hour (cooling capacity). (42 U.S.C. 6311(8)(C); 10 CFR 431.92) ``Very large commercial package airconditioning and heating equipment'' means ``commercial package airconditioning and heating equipment that is rated: (i) at or above 240,000 Btu per hour; and (ii) below 760,000 Btu per hour (cooling capacity). (42 U.S.C. 6311(8)(D); 10 CFR 431.92)
    1. ThreePhase, ThroughtheWall AirCooled Air Conditioners and Heat Pumps

    ASHRAE Standard 90.12007 identifies efficiency levels for three phase throughthewall aircooled air conditioners and heat pumps, single package and split systems, with a cooling capacity of no greater than 30,000 Btu/h. The efficiency levels specified by ASHRAE Standard 90.12007 include a seasonal energy efficiency ratio of 12.0 for cooling mode and a heating seasonal performance factor of 7.4 for equipment manufactured on or after January 23, 2010.\8\ ASHRAE aligned these efficiency levels and its corresponding effective dates with the efficiency levels established in EPCA for singlephase residential versions of the same products.
    \8\ ASHRAE provides the same requirement for singlephase and threephase throughthewall aircooled air conditioners and heat pumps used in covered commercial buildings, but points out that singlephase products are regulated as residential products under 10 CFR 430.32(c)(2).

    Neither EPCA nor DOE has established a specific definition for commercial ``throughthewall aircooled air conditioners and heat pumps.'' The residential throughthewall aircooled air conditioners and heat pumps covered under EPCA, as amended by the National Appliance Energy Conservation Act of 1987 (NAECA) (Pub. L. 10012) and defined in 10 CFR 430.2, are by definition singlephase products, whereas the commercial throughthewall aircooled air conditioners and heat pumps mentioned in ASHRAE Standard 90.12007 are threephase products. In its regulations, DOE defines a residential ``throughthewall air conditioner and heat pump'' as ``a central air conditioner or heat pump that is designed to be installed totally or partially within a fixed size opening in an exterior wall. * * *'' 10 CFR 430.2. Furthermore, this equipment: (1) Must be manufactured before January 23, 2010; (2) must not be weatherized; (3) must be clearly and permanently marked for installation only through an exterior wall; (4) have a rated cooling capacity no greater than 30,000 Btu/h; (5) exchange all of its outdoor air across a single surface of the equipment cabinet; and (6) have a combined outdoor air exchange area of less than 800 square inches (split systems) or less than 1,210 square inches (single packaged systems) as measured on the surface described in paragraph (5) of this definition. Id.

    In terms of equipment construction, commercial and residential throughthewall aircooled air conditioners and heat pumps are believed to utilize the same components in the same configurations to provide space cooling and heating. DOE believes commercial versions of throughthewall aircooled air conditioners and heat pumps are essentially the same as residential versions, except that they are powered using threephase electric power.

    EPCA does not separate threephase, throughthewall aircooled air conditioners and heat pumps from other types of small commercial package airconditioning and heating equipment in its definitions. Therefore, EPCA's definition of ``small commercial package air conditioning and heating equipment'' would include threephase through thewall aircooled air conditioners and heat pumps. Although EPCA does not use the term ``threephase throughthewall aircooled air conditioners and heat pumps,'' the threephase versions of this equipment, regardless of cooling capacity, fall within the definition of ``small commercial package airconditioning and heating equipment.'' (42 U.S.C. 6311(8)(A)(B)) There is no language in EPCA to indicate that threephase throughthewall aircooled air conditioners and heat pumps are a separate type of covered equipment.

    The Federal energy conservation standards for threephase, commercial package air conditioners and heat pumps less than 65,000 Btu/h were established by EISA 2007 for such products manufactured on or after June 19, 2008. Specifically, section 314(b)(4)(C) of EISA 2007 amended section 342(a) of EPCA (42 U.S.C. 6313(a)) by adding new provisions for threephase commercial package air conditioners with a cooling capacity of less than 65,000 Btu/h. (42 U.S.C.
    [[Page 40778]]
    6313(a)(7)(D)) The provision in EISA 2007 mandates minimum seasonal energy efficiency ratios for cooling mode and minimum heating seasonal performance factors for heating mode of aircooled, threephase electric central air conditioners and central airconditioning heat pumps with a cooling capacity of less than 65,000 Btu/h.\9\ Three phase, throughthewall, aircooled air conditioners and heat pumps are a smaller subset of threephase commercial package air conditioners with a cooling capacity of less than 65,000 Btu/h and were not explicitly excluded from the standards in section 314(b)(4)(C) of EISA 2007. Because EISA 2007 set such standards, DOE must follow them, and they are more stringent than the levels contained in ASHRAE Standard 90.12007 for those products. Accordingly, DOE affirms that the EISA 2007 efficiency levels for small commercial package airconditioning and heating equipment less than 65,000 Btu/h apply to threephase throughthewall aircooled air conditioners and heat pumps with a cooling capacity no greater than 30,000 Btu/h. (42 U.S.C.
    6313(a)(7)(D)) Therefore, no further analysis is required for three phase, throughthewall, aircooled air conditioners and heat pumps. \9\ Section 314(b)(4)(C) of EISA specifies for ``equipment manufactured on or after the later of January 1, 2008, or the date that is 180 days after the date of enactment of the Energy Independence and Security Act of 2007
    (i) The minimum seasonal energy efficiency ratio of aircooled 3phase electric central air conditioners and central air
    conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), split systems, shall be 13.0;
    (ii) the minimum seasonal energy efficiency ratio of aircooled 3phase electric central air conditioners and central air
    conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), single package, shall be 13.0;
    (iii) the minimum heating seasonal performance factor of air cooled 3phase electric central airconditioning heat pumps less than 65,000 Btu per hour (cooling capacity), split systems, shall be 7.7; and
    (iv) the minimum heating seasonal performance factor of air cooled 3phase electric central airconditioning heat pumps less than 65,000 Btu per hour (cooling capacity), single package, shall be 7.7.'' (42 U.S.C. 6313(a)(7)(D))
    2. ThreePhase, SmallDuct, HighVelocity AirCooled Air Conditioners and Heat Pumps

    ASHRAE Standard 90.12007 identifies efficiency levels for three phase smallduct, highvelocity (SDHV) aircooled air conditioners and heat pumps, both singlepackage and split systems, with a cooling capacity less than 65,000 Btu/h.\10\ The efficiency levels specified by ASHRAE Standard 90.12007 include a seasonal energy efficiency ratio of 10.0 for cooling mode and a heating seasonal performance factor of 6.8 for equipment. ASHRAE aligned these efficiency levels and the corresponding effective dates with the efficiency levels established in EPCA for singlephase residential versions of the same products. \10\ ASHRAE Standard 90.12007 includes efficiency levels for threephase and singlephase SDHV aircooled air conditioners and heat pumps used in commercial buildings. ASHRAE Standard 90.12007 also includes a footnote to these provisions, which indicates that the singlephase versions of this equipment are regulated as residential products under 10 CFR 430.32(c)(2).

    Just as with threephase, throughthewall aircooled air conditioners and heat pumps, neither EPCA nor DOE has established a specific definition for commercial ``threephase SDHV air conditioners and heat pumps.'' In its regulations, DOE defines a residential small duct, highvelocity (SDHV) aircooled air conditioner or heat pump as ``a heating and cooling product that contains a blower and indoor coil combination that: (1) Is designed for, and produces, at least 1.2 inches of external static pressure when operated at the certified air volume rate of 220350 CFM [cubic feet per minute] per rated ton of cooling; and (2) When applied in the field, uses high velocity room outlets generally greater than 1,000 fpm [feet per minute] which have less than 6.0 square inches of free area.'' 10 CFR 430.2.

    In terms of equipment construction, commercial and residential SDHV air conditioners and heat pumps are believed to utilize the same components in the same configurations to provide space cooling and heating. DOE believes commercial versions of SDHV systems are essentially the same as residential versions, except that they are powered using threephase electric power.

    EPCA does not separate threephase, SDHV air conditioners and heat pumps from other types of small commercial package airconditioning and heating equipment in its definitions. Therefore, EPCA's definition of ``small commercial package airconditioning and heating equipment'' would include threephase SDHV air conditioners and heat pumps. Although EPCA does not use the term ``threephase SDHV air conditioners and heat pumps,'' the threephase versions of this equipment, regardless of cooling capacity, fall within the definition of ``small commercial package airconditioning and heating equipment.'' (42 U.S.C. 6311(8)(A)(B)) There is no language in EPCA to indicate that three phase SDHV air conditioners and heat pumps are a separate type of covered equipment.

    The Federal energy conservation standards for threephase, commercial package air conditioners and heat pumps less than 65,000 Btu/h were established by EISA 2007 for products manufactured on or after June 19, 2008. Specifically, section 314(b)(4)(C) of EISA 2007 amended section 342(a) of EPCA (42 U.S.C. 6313(a)) by adding new provisions for threephase commercial package air conditioners with a cooling capacity of less than 65,000 Btu/h. (42 U.S.C. 6313(a)(7)(D)) As mentioned previously, the provision in EISA 2007 mandates minimum seasonal energy efficiency ratios for cooling mode and minimum heating seasonal performance factors for heating mode of aircooled, three phase electric central air conditioners and central airconditioning heat pumps with a cooling capacity of less than 65,000 Btu/h. (42 U.S.C. 6313(a)(7)(D)) Threephase, SDHV air conditioners and heat pumps are a smaller subset of threephase commercial package air conditioners with a cooling capacity of less than 65,000 Btu/h and were not explicitly excluded from the standards in section 314(b)(4)(C) of EISA 2007. Because EISA 2007 set such standards, DOE must follow them, and they are more stringent than the levels contained in ASHRAE Standard 90.12007 for those products.

    Additionally, the residential versions of SDHV are subject to an exception issued by the Office of Heating and Appeals (OHA). On October 14, 2004, OHA granted an exception to SpacePak and Unico, Inc., authorizing them to manufacture SDHV systems (as defined in 10 CFR 430.2) with a SEER of no less than 11.0 and an HSPF of 6.8. The exception relief will remain in effect until the agency modifies the general energy efficiency standard for central air conditioners and establishes a different standard for SDHV systems that complies with EPCA.\11\ However, this exception only applies to the residential, singlephase SDHV systems and would, therefore, exclude threephase SDHV equipment.
    \11\ DOE's Office of Hearing and Appeals. Decision and Order: Applications for Exception. October 14, 2004. http:// www.oha.doe.gov/cases/ee/tee0010.pdf.

    Thus, manufacturers of threephase SDHV equipment must follow the energy conservation standards in EISA 2007. Accordingly, DOE affirms that the EISA 2007 efficiency levels for threephase small commercial package airconditioning and heating equipment less than 65,000 Btu/h apply to threephase SDHV aircooled air conditioners and heat pumps with a cooling capacity
    [[Page 40779]]
    less than 65,000 Btu/h. Therefore, no further analysis is required for the threephase SDHV aircooled air conditioners and heat pumps. 3. Commercial Package AirCooled Air Conditioners With a Cooling Capacity at or Above 760,000 Btu per Hour

    EPCA specifies energy conservation standards for small (cooling capacities at or above 65,000 and less than 135,000 Btu/h), large (cooling capacities at or above 135,000 and less than 240,000 Btu/h), and very large (cooling capacities at or above 240,000 and less than 760,000 Btu/h) commercial package aircooled air conditioners. (42 U.S.C. 6313(a)(1)(2), (7)(9); 10 CFR Part 431.97) However, there are no Federal energy conservation standards for commercial package air cooled air conditioners with a cooling capacity at or above 760,000 Btu/h. In contrast, ASHRAE Standard 90.12007 sets the minimum energy efficiency levels for this equipment at 9.7 EER for equipment with electric resistance heating, and 9.5 EER for equipment with any other type of heating or without heating. The efficiency level in ASHRAE Standard 90.12007 applies to equipment manufactured on or after January 1, 2010.

    Thus, units with capacities at or above 760,000 Btu/h fall outside the definitions of the small, large, and very large commercial package aircooled air conditioner equipment classes established in EPCA. (42 U.S.C. 6311(8)(A)(D); 10 CFR Part 431.92) Therefore, DOE has tentatively concluded that it does not have the authority to review the efficiency level for that equipment.
    4. WaterCooled and EvaporativelyCooled Commercial Package Air Conditioners and Heat Pumps With a Cooling Capacity at or Above 135,000 Btu per Hour and Less Than 240,000 Btu per Hour

    The current Federal energy conservation standard for watercooled and evaporativelycooled commercial package air conditioners and heat pumps with a cooling capacity at or above 135,000 Btu/h and less than 240,000 Btu/h requires an EER no less than 11.0 for equipment manufactured on or after October 29, 2004. 10 CFR 431.97, Table 1.

    ASHRAE Standard 90.12007 includes the same efficiency level for watercooled and evaporativelycooled commercial package air conditioners and heat pumps with a cooling capacity at or above 135,000 Btu/h and less than 240,000 Btu/h that use electric resistance heating (i.e., an EER no less than 11.0). However, ASHRAE Standard 90.12007 specifies a different efficiency level for watercooled and evaporativelycooled commercial package air conditioners and heat pumps with a cooling capacity at or above 135,000 Btu/h and less than 240,000 Btu/h that use any type of heating other than electric resistance (i.e., an EER no less than 10.8).

    DOE reviewed the January 2001 final rule and ASHRAE Standard 90.1 1999 to determine the efficiency levels applicable to watercooled and evaporativelycooled commercial package air conditioners and heat pumps with a cooling capacity at or above 135,000 Btu/h and less than 240,000 Btu/h. The January 2001 final rule did not establish different efficiency levels for different types of supplemental heating systems associated with this equipment. All large watercooled and
    evaporativelycooled commercial package air conditioners and heat pumps were subject to the same minimum efficiency level of 11.0 EER regardless of heating type. ASHRAE Standard 90.l1999 did establish different efficiency levels applicable to watercooled and
    evaporativelycooled commercial package air conditioners and heat pumps with a cooling capacity at or above 135,000 Btu/h and less than 240,000 Btu/h for different types of supplemental heating systems.

    DOE has tentatively concluded that the ASHRAE Standard 90.12007 efficiency levels for watercooled and evaporatively cooled commercial package air conditioners and heat pumps with a cooling capacity at or above 135,000 Btu/h and less than 240,000 Btu/h that utilize any type of heating other than electric resistance would have the effect of lowering the minimum efficiency levels (i.e., EER) required by EPCA and allow increased energy consumption. Because of backsliding concerns, DOE has tentatively decided not to adopt the ASHRAE Standard 90.12007 efficiency levels for watercooled and evaporatively cooled commercial package air conditioners and heat pumps with a cooling capacity at or above 135,000 Btu/h and less than 240,000 Btu/h that utilize any type of heating other than electric resistance. Therefore, further analysis is not required.
    5. WaterCooled and EvaporativelyCooled Commercial Package Air Conditioners and Heat Pumps With a Cooling Capacity at or Above 240,000 Btu per Hour

    EPCA defines ``commercial package airconditioning and heating equipment'' as ``aircooled, watercooled, evaporativelycooled, or water source (not including ground water source) electrically operated, unitary central air conditioners and central airconditioning heat pumps for commercial application.'' (42 U.S.C. 6311(8)(A); 10 CFR 431.92) EPCA goes on to define ``very large commercial package air conditioning and heating equipment'' as commercial package air conditioning and heating equipment that is rated at or above 240,000 Btu per hour and below 760,000 Btu per hour (cooling capacity). (42 U.S.C. 6311(8)(D); 10 CFR 431.92) Although watercooled and evaporativelycooled commercial package air conditioners and heat pumps with a cooling capacity at or above 240,000 Btu/h and less than 760,000 Btu/h fall within the definition of very large commercial package air conditioning and heating equipment, EPCA does not specify Federal energy conservation standards for this equipment class. (EPCA set standards for aircooled systems only, under 42 U.S.C. 6313(a)(7)(9).) ASHRAE added this new equipment class to ASHRAE Standard 90.12007, setting minimum efficiency levels at 11.0 EER for equipment with electric resistance heating, and at 10.8 EER for equipment with all other types of heating or without heating. Under EPCA, DOE must either adopt the efficiency level specified in ASHRAE Standard 90.12007 for this new class of equipment, or consider a more stringent level that would result in significant additional energy savings and is technologically feasible and economically justified. (42 U.S.C. 6313(a)(6))

    DOE reviewed the market for watercooled and evaporativelycooled commercial package air conditioners and heat pumps and found that manufacturers offer few models. Furthermore, DOE surveyed the Air conditioning, Heating, and Refrigerating Institute (AHRI) Directory of Certified Product Performance and did not identify any equipment on the market with a cooling capacity at or above 240,000 Btu/h. Because there is currently no equipment in this class being manufactured, there are no energy savings associated with this class at this time; therefore, it is not possible to assess the potential for additional energy savings beyond the levels
    [[Page 40780]]
    anticipated in ASHRAE Standard 90.12007. Thus, DOE did not perform a potential energysavings analysis on this equipment type. DOE seeks comments from interested parties on the market and energy savings potential for this equipment type. This is Issue 1 under ``Issues on Which DOE Seeks Comment'' in section IV.B of this NODA.

    C. Packaged Terminal Air Conditioners and Heat Pumps

    EPCA defines a ``packaged terminal air conditioner'' as ``a wall sleeve and a separate unencased combination of heating and cooling assemblies specified by the builder and intended for mounting through the wall. It includes a prime source of refrigeration, separable outdoor louvers, forced ventilation, and heating availability by builder's choice of hot water, steam, or electricity.'' (42 U.S.C. 6311(10)(A)) EPCA defines a ``packaged terminal heat pump'' as ``a packaged terminal air conditioner that utilizes reverse cycle refrigeration as its prime heat source and should have supplementary heat source available to builders with the choice of hot water, steam, or electric resistant heat.'' (42 U.S.C. 6311(10)(B)) DOE codified these definitions in 10 CFR 431.92 in a final rule published in the Federal Register on October 21, 2004. 69 FR 61962, 61970.

    The current energy conservation standards in EPCA for PTACs and PTHPs apply to all equipment manufactured on or after January 1, 1994 (42 U.S.C. 6313(a)(3)), and correspond to the minimum efficiency levels in ASHRAE/IESNA Standard 90.11989. ASHRAE specified more stringent efficiency levels for PTACs and PTHPs in ASHRAE Standard 90.12007, corresponding to the efficiency levels in ASHRAE Standard 90.11999. The efficiency levels vary by equipment type (i.e., air conditioner or heat pump), wall sleeve dimensions (i.e., new construction and replacement), and cooling capacity.

    In res

    FOR FURTHER INFORMATION CONTACT Mr. Mohammed Khan, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, Mailstop EE2J, 1000 Independence Avenue, SW., Washington, DC 205850121. Telephone: (202) 5867892. Email: Mohammed.Khan@ee.doe.gov.

    Ms. Francine Pinto or Mr. Eric Stas, U.S. Department of Energy, Office of the General Counsel, Mailstop GC72, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 205850121. Telephone: (202) 5869507. Email: Francine.Pinto@hq.doe.gov or Eric.Stas@hq.doe.gov.

    For information on how to submit public comments, contact Ms. Brenda Edwards, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, Mailstop EE2J, 1000 Independence Avenue, SW., Washington, DC 205850121. Telephone: (202) 5862945. Email: Brenda.Edwards@ee.doe.gov.


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