[Federal Register Volume 88, Number 180 (Tuesday, September 19, 2023)]
[Rules and Regulations]
[Pages 64351-64353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19908]
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DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE-2013-BT-STD-0030]
RIN 1904-AB86
Energy Conservation Program: Energy Conservation Standards for
Commercial Packaged Boilers
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule; technical amendment.
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SUMMARY: The Department of Energy (DOE) is amending its standards for
commercial packaged boilers (CPB) in compliance with a United States
Court of Appeals for the District Court of Columbia Circuit court
decision vacating the January 10, 2020 rule that amended standards for
CPB.
DATES: This action is effective on September 19, 2023. However, the
opinion had legal effect on August 28, 2023.
FOR FURTHER INFORMATION CONTACT:
Ms. Julia Hegarty, U.S. Department of Energy, Office of Energy
Efficiency and
[[Page 64352]]
Renewable Energy, Building Technologies Program, EE-5B, 1000
Independence Avenue SW, Washington, DC 20585-0121. Telephone: (240)
597-6737. Email: Julia [email protected].
Ms. Amelia Whiting, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-2588. Email:
[email protected].
SUPPLEMENTARY INFORMATION: The Energy Policy and Conservation Act of
1975 (EPCA), as amended, requires DOE to, among other things,
periodically consider whether amended energy conservation standards for
commercial packaged boilers are warranted. On January 10, 2020, DOE
published a final rule, 85 FR 1592 (January 10, 2020; ``January 2020
Final Rule''), amending energy conservation standards for commercial
packaged boilers (``CPB''). A commercial packaged boiler is a packaged
boiler that meets all of the following requirements: (1) has rated
input of 300,000 Btu/h or greater; (2) is to any significant extent,
distributed in commerce for space conditioning and/or service water
heating in buildings but does not meet the definition of ``hot water
supply boiler''; (3) does not meet the definition of ``field-
constructed''; and (4) is designed to operate a steam pressure at or
below 15 psig; operate at or below a water pressure of 160 psig and
water temperature of 250 [deg]F, or operate at a steam pressure at or
below 15 psig and at or below a water pressure of 160 psig and water
temperature of 250 [deg]F. 10 CFR 431.82.
The American Public Gas Association (``APGA''), Air-Conditioning,
Heating and Refrigeration Institute (``AHRI''), and Spire Inc. filed
petitions for review of DOE's January 2020 Final Rule in the United
States Courts of Appeals for the D.C. Circuit, Fourth Circuit, and
Eight Circuit, respectively. American Public Gas Association v. DOE, 22
F.4th 1018 (D.C. Cir. 2022). The Petition was consolidated in the D.C.
Circuit. In a January 18, 2022, opinion, the D.C. Circuit determined
that DOE failed to provide meaningful responses to comments with
respect to three distinct issues related to modeling used during the
rulemaking proceeding: (1) the random assignment of boiler efficiencies
to buildings; (2) forecasted fuel prices; and (3) estimated burner
operating hours. As such, the court concluded DOE failed to adequately
explain why the January 2020 Final Rule satisfies the applicable clear
and convincing evidence standard and remanded, but did not vacate, the
January 2020 Final Rule to DOE to cure the failures to explain.
On remand, DOE published a supplemental response to comments
providing additional explanation regarding these three issues. 87 FR
23421 (April 20, 2022). APGA, AHRI, and Spire Inc. filed separate
petitions for review of the supplemental response to comments, which
were consolidated in the D.C. Circuit. The D.C. Circuit issued an
opinion on July 7, 2023, granting the petition for review and vacating
the energy conservation standards for CPBs established in the January
2020 Final Rule, and remanding the proceedings to DOE. (See 10 CFR
431.87)
This final rule is not subject to the requirement to provide prior
notice and an opportunity for public comment pursuant to 5 U.S.C.
553(b)(B). DOE finds good cause to waive the requirement to provide
prior notice and an opportunity for public comment as such procedure is
unnecessary. DOE must comply with the order of a Federal court, and has
no discretion to do otherwise. In implementation of that order, DOE is
vacating the current energy conservation standards for commercial
packaged boilers. Comments suggesting any other course would serve no
useful purpose.
Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule; technical amendment.
Signing Authority
This document of the Department of Energy was signed on September
8, 2023, by Francisco Alejandro Moreno, Acting Assistant Secretary for
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 11, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE amends part 431 of
chapter II, subchapter D, of title 10 of the Code of Federal
Regulations, as set forth below:
PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 431 continues to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
0
2. Revise Sec. 431.87 to read as follows:
Sec. 431.87 Energy conservation standards and their effective dates.
(a) Each commercial packaged boiler listed in table 1 of this
paragraph (a) and manufactured on or after the effective date listed
must meet the indicated energy conservation standard.
Table 1 to Paragraph (a)--Commercial Packaged Boiler Energy Conservation Standards
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Efficiency level--effective
Equipment category Subcategory Certified rated input date: March 2, 2012 *
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Hot Water Commercial Packaged Gas-fired............. >=300,000 Btu/h and 80.0% ET.
Boilers. <=2,500,000 Btu/h.
Hot Water Commercial Packaged Gas-fired............. >2,500,000 Btu/h...... 82.0% EC.
Boilers.
Hot Water Commercial Packaged Oil-fired............. >=300,000 Btu/h and 82.0% ET.
Boilers. <=2,500,000 Btu/h.
Hot Water Commercial Packaged Oil-fired............. >2,500,000 Btu/h...... 84.0% EC.
Boilers.
Steam Commercial Packaged Boilers.. Gas-fired, all, except >=300,000 Btu/h and 79.0% ET.
natural draft. <=2,500,000 Btu/h.
Steam Commercial Packaged Boilers.. Gas-fired, all, except >2,500,000 Btu/h...... 79.0% ET.
natural draft.
Steam Commercial Packaged Boilers.. Gas-fired--natural >=300,000 Btu/h and 77.0% ET.
draft. <=2,500,000 Btu/h.
Steam Commercial Packaged Boilers.. Gas-fired--natural >2,500,000 Btu/h...... 77.0% ET.
draft.
Steam Commercial Packaged Boilers.. Oil-fired............. >=300,000 Btu/h and 81.0% ET.
<=2,500,000 Btu/h.
Steam Commercial Packaged Boilers.. Oil-fired............. >2,500,000 Btu/h...... 81.0% ET.
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* Where EC is combustion efficiency and ET is thermal efficiency.
[[Page 64353]]
(b) Each commercial packaged boiler listed in table 2 of this
paragraph (b) and manufactured on or after the effective date listed in
Table 2 must meet the indicated energy conservation standard.
Table 2 to Paragraph (b)--Commercial Packaged Boiler Energy Conservation Standards
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Efficiency level--effective
Equipment category Subcategory Certified rated input date: March 2, 2022 *
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Steam Commercial Packaged Boilers.. Gas-fired--natural >=300,000 Btu/h and 79.0% ET.
draft. <=2,500,000 Btu/h.
Steam Commercial Packaged Boilers.. Gas-fired--natural >2,500,000 Btu/h...... 79.0% ET.
draft.
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* Where ET is thermal efficiency.
[FR Doc. 2023-19908 Filed 9-18-23; 8:45 am]
BILLING CODE 6450-01-P