[Federal Register Volume 85, Number 188 (Monday, September 28, 2020)]
[Proposed Rules]
[Pages 60734-60738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21276]
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DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE-2020-BT-TP-0032]
RIN 1904-AE53
Energy Conservation Program: Test Procedures for Certain
Commercial and Industrial Equipment; Early Assessment Review; Pumps
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Request for information.
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SUMMARY: The U.S. Department of Energy (``DOE'') is undertaking an
early assessment review to determine whether to proceed with a
rulemaking to amend the test procedure for commercial and industrial
pumps. This request for information (``RFI''), DOE seeks data and
information that could enable the agency to determine whether to amend
its current test procedure as well as comment on the availability of
consensus-based test procedures for measuring the energy use of
commercial and industrial pumps that could be adopted with or without
modification. DOE welcomes written comments from the public on any
subject within the scope of this document (including topics not raised
in this RFI), as well as the submission of data and other relevant
information concerning this early assessment review.
DATES: Written comments and information will be accepted on or before
December 14, 2020.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at http://www.regulations.gov. Follow
the instructions for submitting comments. Alternatively, interested
persons may submit comments, identified by docket number EERE-2020-BT-
TP-0032, by any of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
2. Email: to [email protected]. Include docket number
EERE-2020-BT-TP-0032 in the subject line of the message.
3. Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1445. If possible, please submit all items on a compact disc
(``CD''), in which case it is not necessary to include printed copies.
4. Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 950
L'Enfant Plaza SW, Suite 600, Washington, DC 20024. Telephone: (202)
287-1445. If possible, please submit all items on a CD, in
[[Page 60735]]
which case it is not necessary to include printed copies.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section III of this document (Submission of Comments).
Docket: The docket for this activity, which includes Federal
Register notices, comments, and other supporting documents/materials,
is available for review at http://www.regulations.gov. All documents in
the docket are listed in the http://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.
The docket web page can be found at http://www.regulations.gov/docket?D=EERE-2020-BT-TP-0032. The docket web page contains
instructions on how to access all documents, including public comments,
in the docket. See section III for information on how to submit
comments through http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Dommu, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-9870. Email:
[email protected].
Mr. Michael Kido, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: 202-586-8145. Email: [email protected].
For further information on how to submit a comment or review other
public comments and the docket, contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority
B. Rulemaking History
II. Request for Information
A. Energy Use Measurements
B. Representative Average Use Cycle
C. Test Burden Reductions
D. Consensus-Based Test Procedures
III. Submission of Comments
I. Introduction
DOE established an early assessment review process to conduct a
more focused analysis of a specific set of facts or circumstances that
would allow DOE to determine that, based on statutory criteria, an
amended test procedure is not warranted. The purpose of this review is
to limit the resources, from both DOE and stakeholders, committed to
rulemakings that will not satisfy the requirements in EPCA that an
amended test procedure more accurately or fully comply with the
requirement that the test procedure produces results that measure
energy use during a representative average use cycle for equipment, and
not be unduly burdensome to conduct. See 85 FR 8626, 8653-8654 (Feb.
14, 2020).
As part of the early assessment, DOE publishes an RFI in the
Federal Register, announcing that DOE is initiating a rulemaking
proceeding and soliciting comments, data, and information on whether an
amended test procedure would more accurately measure energy use during
a representative average use cycle or reduce testing burden. Based on
the information received in response to the RFI and DOE's own analysis,
DOE will determine whether to proceed with a rulemaking for an amended
test procedure.
If DOE makes an initial determination based upon available evidence
that an amended test procedure would not meet the applicable statutory
criteria, DOE would engage in notice and comment rulemaking before
issuing a final determination that an amended test procedure is not
warranted. If DOE reaches such a determination, the rulemaking would be
concluded, which would satisfy the Department's 7-year-lookback test
procedure review requirement under the statute (as discussed in section
I.A of this document).
Conversely, if DOE makes an initial determination that an amended
test procedure would satisfy the applicable statutory criteria,
including that adoption of a consensus-based test procedure as the DOE
test procedure would more accurately or fully comply with statutory
requirements, or DOE's analysis is inconclusive, DOE would undertake
the preliminary stages of a rulemaking to issue an amended test
procedure. Beginning such a rulemaking, however, would not preclude DOE
from later making a determination that an amended test procedure would
not satisfy the requirements in EPCA, based upon the full suite of
DOE's analyses. Id. at 85 FR 8654.
A. Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
among other things, authorizes DOE to regulate the energy efficiency of
a number of consumer products and certain industrial equipment. (42
U.S.C. 6291-6317) Title III, Part C \2\ of EPCA, added by Public Law
95-619, Title IV, Sec. 441(a) (42 U.S.C. 6311-6317 as codified),
established the Energy Conservation Program for Certain Industrial
Equipment, which sets forth a variety of provisions designed to improve
energy efficiency. This equipment includes commercial and industrial
pumps (``pumps''), the subject of this RFI. (42 U.S.C. 6311(1)(A))
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\1\ All references to EPCA in this document refer to the statute
as amended through America's Water Infrastructure Act of 2018,
Public Law 115-270 (October 23, 2018).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part C was redesignated Part A-1.
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Under EPCA, DOE's energy conservation program consists essentially
of four parts: (1) Testing, (2) labeling, (3) Federal energy
conservation standards, and (4) certification and enforcement
procedures. Relevant provisions of EPCA include definitions (42 U.S.C.
6311), test procedures (42 U.S.C. 6314), labeling 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; 42 U.S.C. 6296).
Federal energy efficiency requirements for covered equipment
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6316(a) and (b); 42 U.S.C. 6297) DOE may, however, grant waivers
of Federal preemption for particular State laws or regulations, in
accordance with the procedures and other provisions of EPCA. (42 U.S.C.
6316(a); 42 U.S.C. 6297(d))
EPCA also requires that, at least once every 7 years, DOE evaluate
test procedures for each type of covered equipment, including pumps, to
determine whether amended test procedures would more accurately or
fully comply with the requirements for the test procedures to not be
unduly burdensome to conduct and be reasonably designed to produce test
results that reflect energy efficiency, energy use, and estimated
operating costs during a representative average use cycle. (42 U.S.C.
6314(a)(1)) DOE is publishing this RFI to collect data and information
to inform its decision, in
[[Page 60736]]
order to satisfy the 7-year review requirement.
B. Rulemaking History
DOE's test procedure for measuring pump energy efficiency was
established in a final rule published on January 25, 2016. 81 FR 4086
(``January 2016 Final Rule'').\3\ The January 2016 Final Rule
established definitions for the term pump, certain pump components, and
several categories and configurations of pumps. The procedure
incorporates by reference the Hydraulic Institute (``HI'') Standard
40.6-2014, ``Methods for Rotodynamic Pump Efficiency Testing'' (``HI
40.6-2014''), with several modifications related to measuring the
hydraulic power, shaft power, and electric input power of pumps,
inclusive of electric motors and any continuous or non-continuous
controls.\4\
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\3\ On March 23, 2016, DOE published a correction to the January
2016 Final Rule to correct the placement of the product-specific
enforcement provisions related to pumps under 10 CFR 429.134(h). 81
FR 15426.
\4\ A ``continuous control'' is a control that adjusts the speed
of the pump driver continuously over the driver operating speed
range in response to incremental changes in the required pump flow,
head, or power output. A ``non-continuous control'' is a control
that adjusts the speed of a driver to one of a discrete number of
non-continuous preset operating speeds, and does not respond to
incremental reductions in the required pump flow, head, or power
output. 10 CFR 431.462.
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II. Request for Information
DOE is publishing this RFI to collect data and information during
the early assessment review to inform its decision, consistent with its
obligations under EPCA, as to whether the Department should proceed
with a test procedure rulemaking. Accordingly, in the following
sections, DOE has identified specific issues on which it seeks input to
aid its analysis of whether an amended test procedure for pumps would
more accurately or fully comply with the requirement that the test
procedure produce results that measure energy use during a
representative average use cycle for the equipment, and not be unduly
burdensome to conduct. In particular, DOE is interested in: (1) Any
information indicating that there has not been sufficient technological
or other changes since DOE last conducted a test procedure rulemaking
analysis for pumps to suggest an amended test procedure could satisfy
these criteria; or (2) whether adopting a consensus-based test
procedure, without modification, as the DOE test procedure would more
accurately or fully comply with the statutory requirement. DOE also
welcomes comments on other issues relevant to its early assessment that
may not specifically be identified in this document.
A. Energy Use Measurements
DOE's current test procedure for pumps can be found at 10 CFR part
431, subpart Y, appendix A, ``Uniform Test Method for the Measurement
of Energy Consumption of Pumps'' (``Appendix A''). It measures energy
use by determining the constant load pump energy index
(``PEICL'')--used for pumps sold without continuous or non-
continuous controls--and the variable load pump energy index
(``PEIVL'')--used for pumps sold with continuous or non-
continuous controls. 10 CFR 431.464(a)(2). The PEICL and
PEIVL metrics both describe the weighted average performance
of the rated pump at specific load points (i.e., pump energy rating, or
``PER''), normalized with respect to the performance of a minimally
compliant pump without controls (``PERSTD''). The PER
represents an average of driver power input to the motor at three load
points (for pumps sold without continuous or non-continuous controls)
or an average of driver power input to the continuous or non-continuous
controls at four load points (for pumps sold with such controls).
The test procedure contains methods to determine the appropriate
index for all equipment to which this test procedure applies either by
(a) measuring the bare pump shaft input power and calculating
efficiency, or losses, of the motor and any continuous control (i.e.,
calculation-based method) or (b) measuring the input power to the
driver, or motor, and any continuous or non-continuous controls for a
given pump directly (i.e., testing-based method). See 10 CFR part 431,
subpart Y, appendix A, Table 1. The test procedure also prescribes the
specific categories and configurations of pumps to which the
calculation-based and testing-based methods apply. Id. DOE seeks
comment on whether existing test procedure requirements (e.g.,
measurement equipment, test conditions, data collection, specific
testing-based and calculation-based approaches) accurately measure
energy use without adding undue burden to the test procedure. DOE is
particularly interested in whether changes in equipment testing
methodology or new equipment on the market since the test procedure was
established may necessitate amending the procedure.
B. Representative Average Use Cycle
The current DOE test procedure for pumps measures energy use during
a representative average use cycle. Pumps are used in a variety of
situations where there is a need to move liquids from one location to
another. As currently defined, a pump is a type of equipment designed
to move liquids (including entrained gases, free solids, and totally
dissolved solids) by physical or mechanical action. It includes both
the bare pump itself and the mechanical equipment, driver, and controls
that a manufacturer includes with the bare pump at the time of sale.
See 10 CFR 431.462. DOE seeks comment on what constitutes a
representative average use cycle for pumps.
C. Test Burden Reductions
In the January 2016 Final Rule, DOE estimated a cost of $2.9
million to the industry to test pump basic models in accordance with
the test procedure adopted in the Final Rule. 81 FR 4368 (January 26,
2016).\5\ This estimate included setup, testing, and takedown, with the
final industry cost calculation assuming two tests per basic model.
DOE's test procedure for pumps allows manufacturers the option of
rating pumps sold with single-phase motors as bare pumps (using a
calculation-based method) or as pumps with motors using the testing-
based methods.\6\ DOE's calculations of testing costs assumed that the
majority of pump basic models would be certified based on the bare pump
configuration and subsequent ratings for the same bare pump sold with
any number of applicable motors and continuous controls could be
generated using the calculation-based approach. DOE seeks comment on
whether any modifications to the test procedure could reduce these
costs while still allowing for accurate determinations of energy use
during a representative average use cycle.
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\5\ See Final Rule ``Technical Support Document: Energy
Efficiency Program for Consumer Products and Commercial and
Industrial Equipment: Pumps'', Section 12.4.9, ``Compliance,
Certification and Enforcement Testing Expense'', December 2015.
EERE-2011-BT-STD-0031.
\6\ In the case of the calculation-based method, only the bare
pump performance is physically measured--the performance of the
motor and any continuous or non-continuous controls would be
addressed through a series of calculations. In the case of the
testing-based method, the input power to the pump at the motor or at
the continuous or non-continuous control, if any, is directly
measured and used to calculate PEICL or PEIVL.
81 FR 4127-4131 (January 25, 2016).
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D. Consensus-Based Test Procedures
The current DOE test procedure for pumps generally incorporates by
reference HI 40.6-2014, with minor modifications to ensure repeatable
and reproducible test results and additional provisions related to
measuring the hydraulic power, shaft power, and
[[Page 60737]]
electric input power of pumps, inclusive of electric motors and any
continuous or non-continuous controls, which are not included in HI
40.6-2014. DOE seeks comment on the availability of consensus-based
test procedures for measuring the energy use of pumps that could be
adopted without modification and more accurately or fully comply with
the requirement that the test procedure produce results that measure
energy use during a representative average use cycle for the equipment,
and not be unduly burdensome to conduct. With respect to consensus-
based test procedures, DOE describes recent developments in this area
since the publication of the January 2016 Final Rule below.
a. HI Standard 40.6
As stated, DOE's test procedure for pumps generally incorporates HI
40.6-2014. Since publication of the January 2016 Final Rule, the
Hydraulics Institute updated HI 40.6-2014 with the publication of HI
Standard 40.6-2016, ``Methods for Rotodynamic Pump Efficiency Testing''
(``HI 40.6-2016''). This update aligned the definitions and procedures
specified in HI Standard 40.6 with the DOE test procedure for pumps.
DOE requests comments on the updated standard HI 40.6-2016 and on
whether DOE should incorporate HI 40.6-2016 by reference as the DOE
test procedure for pumps. Specifically, DOE requests information on
whether the updates in HI 40.6-2016 impact the measured values, and if
so, to what extent. DOE also requests information on the impact of the
updates in HI 40.6-2016 to the test burden and the representativeness
of the test results.
b. IEC 61800-9-2:2017 (Adjustable Speed Electrical Power Drive Systems)
While DOE's test procedure for pumps incorporates by reference HI
40.6-2014, as noted previously, DOE also includes additional provisions
related to measuring the hydraulic power, shaft power, and electric
input power of pumps, inclusive of electric motors and any continuous
or non-continuous controls--these provisions are not included in HI
40.6-2014, and at the time of finalization of DOE's test procedure,
similar provisions were not available in any other industry test
standard. Since publication of the January 2016 Final Rule, the
International Electrotechnical Commission (``IEC'') published standard
IEC 61800-9-2:2017 ``Adjustable speed electrical power drive systems--
Part 9-2: Ecodesign for power drive systems, motor starters, power
electronics and their driven applications--Energy efficiency indicators
for power drive systems and motor starters'' (``IEC 61800-9-2:2017''),
which addresses test methods and reference losses for motor and
controls combinations (i.e., ``power drive systems''). Specifically,
Annex A of IEC 61800-9-2:2017 describes reference losses for complete
drive modules (i.e., controls) and power drive systems at different
operating points, comparable to the approach already presented in
section VII.E.1.2 of appendix A to subpart Y of part 431. A second
edition of this standard is projected to be published in November 2021
to address further the test method and evaluate the reference losses
based on test results.\7\
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\7\ Electric Motors Systems Annex (EMSA). (March 2019) Round
Robin of Converter Losses, Report of Results of Phase 1. Available
at: https://www.motorsystems.org/files/otherfiles/0000/0206/RR_C_report_phase_1_final_1_d_20190322.pdf.
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DOE requests comments on the approach presented in Annex A of IEC
61800-9-2:2017 to represent reference losses for complete drive modules
(i.e., controls) and power drive systems (i.e., motor and controls
combinations) and on whether DOE should incorporate by reference this
approach in lieu of the calculations in section VII of Appendix A, or
if any considerations for updates should be postponed until the second
edition of IEC 61800-9-2 is published.
c. Adoption of Other Consensus-Based Test Procedures
DOE requests comment on whether another consensus-based test
procedure could be adopted, with or without modification, and meet the
criteria in EPCA related to representativeness and test burden. If so,
DOE requests comment on the benefits and burdens of adopting any such
industry/voluntary consensus-based or other appropriate test procedure,
with or without modification.
III. Submission of Comments
DOE invites all interested parties to submit in writing by December
14, 2020, comments and information on matters addressed in this notice
and on other matters relevant to DOE's early assessment of whether
amendments to the test procedure for pumps would more accurately or
fully comply with the requirement that the test procedure produces
results that measure energy use during a representative average use
cycle for the equipment, and not be unduly burdensome to conduct.
Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to http://www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through http://www.regulations.gov cannot be claimed as CBI. Comments
received through the website will waive any CBI claims for the
information submitted. For information on submitting CBI, see the
Confidential Business Information section.
DOE processes submissions made through http://www.regulations.gov
before posting. Normally, comments will be posted within a few days of
being submitted. However, if large volumes of comments are being
processed simultaneously, your comment may not be viewable for up to
several weeks. Please keep the comment tracking number that http://www.regulations.gov provides after you have successfully uploaded your
comment.
Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to http://www.regulations.gov. If you do not want your personal contact
information to be publicly viewable, do not include it in your comment
or any accompanying documents. Instead, provide your contact
information on a cover letter. Include your first and last names, email
address, telephone number, and
[[Page 60738]]
optional mailing address. The cover letter will not be publicly
viewable as long as it does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible. It is not necessary to submit printed copies. Faxes will not
be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery/courier two well-marked copies:
One copy of the document marked confidential including all the
information believed to be confidential, and one copy of the document
marked ``non-confidential'' with the information believed to be
confidential deleted. Submit these documents via email or on a CD, if
feasible. DOE will make its own determination about the confidential
status of the information and treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
DOE considers public participation to be a very important part of
the process for developing test procedures and energy conservation
standards. DOE actively encourages the participation and interaction of
the public during the comment period in each stage of this process.
Interactions with and between members of the public provide a balanced
discussion of the issues and assist DOE in the process. Anyone who
wishes to be added to the DOE mailing list to receive future notices
and information about this process should contact Appliance and
Equipment Standards Program staff at (202) 287-1445 or via email at
[email protected].
Signing Authority
This document of the Department of Energy was signed on September
22, 2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for
Energy Efficiency Energy, Efficiency and Renewable Energy, pursuant to
delegated authority from the Secretary of Energy. That document with
the original signature and date is maintained by DOE. For
administrative purposes only, and in compliance with requirements of
the Office of the Federal Register, the undersigned DOE Federal
Register Liaison Officer has been authorized to sign and submit the
document in electronic format for publication, as an official document
of the Department of Energy. This administrative process in no way
alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on September 22, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2020-21276 Filed 9-25-20; 8:45 am]
BILLING CODE 6450-01-P