[Federal Register Volume 88, Number 205 (Wednesday, October 25, 2023)]
[Proposed Rules]
[Pages 73272-73293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23302]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1408
[CPSC Docket No. CPSC-2019-0020]
Safety Standard for Residential Gas Furnaces and Boilers
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of proposed rulemaking; notice of opportunity for oral
presentation of comments.
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SUMMARY: The U.S. Consumer Product Safety Commission (Commission or
CPSC) has determined preliminarily that there is an unreasonable risk
of injury and death associated with residential gas fired central
furnaces, boilers, wall furnaces, and floor furnaces (gas furnaces and
boilers). To address this risk, the Commission proposes a rule to
detect and prevent dangerous levels of carbon monoxide (CO) production
and leakage from residential gas furnaces and boilers. The Commission
is providing an opportunity for interested parties to present written
and oral comments on this notice of proposed rulemaking (NPR).
DATES: Deadline for Written Comments: Written comments must be received
by December 26, 2023.
Deadline for Request to Present Oral Comments: Any person
interested in making an oral presentation must send an email indicating
this intent to the Office of the Secretary at [email protected] by
December 26, 2023.
ADDRESSES:
Written Comments: Comments related to the Paperwork Reduction Act
aspects of the proposed rule should be directed to the Office of
Information and Regulatory Affairs, OMB, Attn: CPSC Desk Officer, FAX:
202-395-6974, or emailed to [email protected].
Other written comments in response to the proposed rule, identified
by Docket No. CPSC-2019-0020, may be submitted by any of the following
methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: www.regulations.gov. Follow the instructions for
submitting comments. CPSC typically does not accept comments submitted
by email, except as described below. CPSC encourages you to submit
electronic comments by using the Federal eRulemaking Portal, as
described above.
Mail/hand delivery/courier Written Submissions: Submit comments by
mail/hand delivery/courier to: Office of the Secretary, Consumer
Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814;
telephone: (301) 504-7479. If you wish to submit confidential business
information, trade secret information, or other sensitive or protected
information that you do not want to be available to the public, you may
submit such comments by mail, hand delivery, courier, or you may email
them to: [email protected].
Instructions: All submissions must include the agency name and
docket number. CPSC may post all comments without change, including any
personal identifiers, contact information, or other personal
information provided to: www.regulations.gov. Do not submit through
this website: confidential business information, trade secret
information, or other sensitive or protected information that you do
not want to be available to the public. If you wish to submit such
information, please submit it according to the instructions for mail/
hand delivery/courier written submissions.
Docket for NPR: For access to the docket to read background
documents or comments received, go to: www.regulations.gov, insert the
docket number CPSC-2019-0020 into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Ronald A. Jordan, Directorate for
Engineering Sciences, Mechanical
[[Page 73273]]
Engineering, Consumer Product Safety Commission, National Product
Testing and Evaluation Center, 5 Research Place, Rockville, MD 20850;
telephone: 301-987-2219; [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On August 19, 2019, the Commission published an advance notice of
proposed rulemaking (ANPR) to develop a rule to address the risk of
injury associated with residential gas furnaces and boilers from CO
production and leakage. 84 FR 42847. The Commission received 15
comments. The Commission is now proceeding with this proposed
rulemaking.\1\ The information discussed in this preamble is derived
from CPSC the Staff Briefing Package for the NPR, which is available on
CPSC's website at: https://www.cpsc.gov/s3fs-public/Notice-of-Proposed-Rulemaking-Safety-Standard-for-Residential-Gas-Furnaces-and-Boilers-COMBINED-PDFS.pdf?VersionId=7BJ3c6EeDF78nHorx2mCEr94XygwgeQV.
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\1\ The Commission voted (4-0) to publish this notice of
proposed rulemaking as drafted. Commissioner Feldman issued a
statement in connection with his vote, available at: https://www.cpsc.gov/s3fs-public/Comm-Mtg-Min-Infant-Rockers-NPR-and-Gas-Furnaces-and-Boilers-NPR.pdf?VersionId=8Ct.NBI7RhSXyozTJBE65q3lCSyU_aMl.
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II. Statutory Authority
This rulemaking falls under the authority of the CPSA, (Consumer
Product Safety Act) 15 U.S.C. 2051-2089. Section 7(a) of the CPSA
authorizes the Commission to promulgate a mandatory consumer product
safety standard that sets forth performance or labeling requirements
for a consumer product, if such requirements are reasonably necessary
to prevent or reduce an unreasonable risk of injury. 15 U.S.C. 2056(a).
Section 9 of the CPSA specifies the procedure that the Commission must
follow to issue a consumer product safety standard under section 7 of
the CPSA. In accordance with section 9, the Commission commenced this
rulemaking by issuing an ANPR.
According to section 9(f)(1) of the CPSA, before promulgating a
consumer product safety rule, the Commission must consider, and make
appropriate findings to be included in the rule, on the following
issues:
(A) The degree and nature of the risk of injury that the rule is
designed to eliminate or reduce;
(B) the approximate number of consumer products, or types or
classes of product, subject to the rule;
(C) the need of the public for the products subject to the rule and
the probable effect the rule will have on utility, cost, or
availability of such products; and
(D) the means to achieve the objective of the rule while minimizing
adverse effects on competition, manufacturing, and commercial practices
consistent with public health and safety.
15 U.S.C. 2058(f)(1).
Under section 9(f)(3) of the CPSA, to issue a final rule, the
Commission must find that the rule is ``reasonably necessary to
eliminate or reduce an unreasonable risk of injury associated with such
product'' and that issuing the rule is in the public interest. 15
U.S.C. 2058(f)(3)(A) and (B). Additionally, if a voluntary standard
addressing the risk of injury has been adopted and implemented, the
Commission must find that:
The voluntary standard is not likely to eliminate or
adequately reduce the risk of injury, or
substantial compliance with the voluntary standard is
unlikely.
15 U.S.C. 2058(f)(3)(D). The Commission also must find that expected
benefits of the rule bear a reasonable relationship to its costs and
that the rule imposes the least burdensome requirements that would
adequately reduce the risk of injury. 15 U.S.C. 2058(f)(3)(E) and (F).
III. The Product
Central furnaces, boilers, wall furnaces, and floor furnaces fueled
by natural gas or propane (gas furnaces and boilers) are used to heat
all categories of consumer dwellings. These products burn a mixture of
gas and air within the combustion chamber of a heat exchanger. As the
mixture of fuel and air is burned, heat is released and transferred
through the wall of the heat exchanger to the medium surrounding the
heat exchanger and circulated through air ducts (for central furnaces),
water pipes throughout the dwelling (for boilers), or directly into the
ambient air to provide heat (for wall furnaces and floor furnaces).
Burning the mixture of fuel and air results in the formation of
combustion products that are typically composed of oxygen, carbon
dioxide, water vapor, and CO. The combustion products are exhausted to
the outdoors through a vent system, either vertically through the roof
or horizontally through a side wall through the vent pipe. When the
mixture of fuel and air is burned completely, the concentration of CO
produced should remain relatively low. However, when issues arise with
the combustion process (such as fuel-air mixtures that are not
optimal), dangerous levels of CO can be produced. The combination of
production of dangerous levels of CO during the combustion process and
leakage of that CO through the vent system into the living space is a
potentially deadly hazard pattern identified by CPSC staff.
In a gas-fired central furnace (Figure 1), air is the medium that
surrounds and is heated by the heat exchanger. A large fan is used to
force-circulate the heated air across the exterior surfaces of the heat
exchanger, through a duct system, and then the heated air exits the
duct system through warm air registers typically within the dwelling.
The arrow in Figure 1 depicts the vent pipe.
In a gas boiler (Figure 2), water or steam is the medium that
surrounds and is heated by the heat exchanger. The heated water or
steam is circulated, using a pump to force the fluid through a piping
system to radiators typically in each room in the dwelling. Living
areas are heated through radiative and conductive heat transfer from
the heated water or steam supplied to the radiators to the room. Gas-
fired central furnaces and boilers are considered central heating
appliances because they provide heat to each room of a dwelling. The
arrow in Figure 2 points to the boiler's vent pipe.
[[Page 73274]]
[GRAPHIC] [TIFF OMITTED] TP25OC23.003
In addition to central gas-fired furnaces and boilers, the proposed
scope of the NPR also includes gas wall furnaces (Figure 3) and gas
floor furnaces (Figure 4). As their names indicate, gas wall furnaces
are installed in wall spaces, typically between the wall stud framing
members; and floor furnaces are installed in the floor, typically
between the floor joist framing members. Wall furnaces and floor
furnaces provide localized heating directly to the room in which they
are located, and indirectly to adjoining rooms within the dwelling. The
combustion products of wall furnaces are vented to the outdoors, either
vertically through the roof, or horizontally through a side wall with
the vent pipe running along the length of the wall studs between which
the unit is installed. The combustion products of a floor furnace are
typically vented horizontally through a side wall, with the vent pipe
running along the length of the floor joists between which the unit is
installed and through an exterior wall.
[GRAPHIC] [TIFF OMITTED] TP25OC23.004
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IV. Risk of Injury
A. Incident Data
1. Fatalities
From the time period of 2017 to 2019 (the most recent period for
which data are complete), there were annually an estimated 21 CO-
related deaths associated with gas furnaces and boilers (burning
liquefied petroleum, natural gas, and unspecified gas).\2\ For the 20-
year period, 2000 through 2019, these products were associated with a
total of 539 deaths from CO poisoning. Tab A of the Staff NPR Briefing
Package provides further information regarding fatalities.
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\2\ Non-Fire Carbon Monoxide Deaths Associated with the Use of
Consumer Products 2019 Annual Estimates. J. Topping. CPSC
Directorate for Epidemiology. March 2023. https://www.cpsc.gov/s3fs-public/NonFireCarbonMonoxideDeathsAssociatedwiththeUseofConsumerProducts2019AnnualEstimates.pdf?VersionId=90WCZoH61aVUrTgDtOo16LLKZf1EeH3E.
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2. Injury Estimates
To estimate the number of injuries associated with CO exposure from
natural gas and propane furnaces and boilers, an interdisciplinary team
of CPSC staff evaluated injuries reported through the National
Electronic Injury Surveillance System (NEISS) (See Tab J of the Staff
NPR Briefing Package). Staff queried NEISS for data between the years
2014 and 2018. Staff identified 236 nonfatal injuries related to CO
leakages from gas furnaces and boilers that occurred during this
period. Of the 236 nonfatal injuries, 18 resulted in hospital
admissions via the emergency department (ED), and 218 were treated in
the ED and released. Staff used NEISS incidents and the Injury Cost
Model (ICM) to extrapolate and generate national estimates for injuries
from CO leakages from gas furnaces and boilers treated in EDs and other
settings. Staff, using the ICM, calculated that the aggregate number of
nonfatal injuries from CO leakages from gas furnaces and boilers from
2014 to 2018 was 30,587. Staff estimated that of the 30,587 injuries,
22,817 were treated in an outpatient setting (e.g., doctor's office, or
clinic), 7,358 resulted in ED treatment, 333 resulted in hospital
admissions via the ED, and 79 resulted in direct hospital admissions.
B. Description of Hazard--Acute CO Poisoning
In Tab C of the Staff ANPR Briefing Package \3\ staff described the
hazard pattern for CO poisoning associated with gas furnaces and
boilers; which involves (1) hazardous levels of CO from incomplete
combustion of the source fuel/gas and (2) exhaust leakage of that
hazardous CO into the living space through a leak in the exhaust vent
system. Staff's review of the 83 incidents, in conjunction with
findings from earlier in-depth investigation (IDI) reviews, identified
the following factors related to the incomplete combustion and exhaust
leakage hazard patterns.
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\3\ Draft Advance Notice of Proposed Rulemaking: Performance
Requirements for Residential Gas Furnaces and Boilers. Retrieved at:
https://cpsc.gov/s3fs-public/Draft%20ANPR%20-%20Performance%20Requirements%20for%20Residential%20Gas%20Furnaces%20and%20Boilers.pdf.
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1. Production of Dangerous Levels of CO From Incomplete Combustion
Complete combustion of hydrocarbon fuels, such as natural gas or
liquefied petroleum gas (LP-gas or propane), requires a proper mixture
of air and fuel, as well as an adequate amount of heat to ignite the
combustion air-fuel mixture. Incomplete combustion of the fuel supplied
to gas appliances can lead to production of hazardous levels of CO.
Incomplete combustion can occur when there is inadequate combustion of
air (for instance when air openings to the appliance combustion chamber
or burner assembly, or the exhaust outlet from the appliance is
blocked); too much fuel is supplied to the appliance burner (i.e.,
over-firing); or the burner flame temperature falls below the ignition
temperature of the combustion air-fuel mixture (i.e., flame quenching).
Depending on the severity and duration, all these conditions can result
in incomplete combustion of the fuel; which, in turn, can result in the
gas furnace or boiler producing dangerous levels of CO. Staff's ongoing
review of IDIs confirms that these hazard patterns have not changed
since the publication of the ANPR.
2. Exhaust Leakage
Combustion products produced by a gas furnace or boiler are
normally vented to remove them from the home through a properly
functioning vent system. A potential CO hazard in a home can arise if
the combustion system of a gas furnace or boiler malfunctions and
produces hazardous levels of CO, which a compromised exhaust system
then allows to leak into the occupied space of the home. Typical
exhaust failure leakage paths include a totally or partially blocked
vent, chimney, heat exchanger, or a disconnected or hole in the vent
pipe.
Another potential leakage mechanism occurs when an exhaust fan or
fireplace is installed near a gas furnace or boiler. The operation of
an exhaust fan or a warm chimney created by a fireplace can pull air
out of the room in which the gas furnace or boiler is installed. This
can depressurize the room, resulting in reverse flow of the combustion
products through the gas furnace or boiler vent system or flue
passageways. Instead of being vented safely to the outdoors,
depressurization can cause CO to spill into the living space. Other
mechanisms that can lead to spillage include venting that is inadequate
for the gas furnace or boiler connected to it. This can be caused by
total or partial vent blockage, installation of a vent pipe that is too
small for the gas furnace or boiler, or the connection of too many
appliances to the vent.
V. Assessment of Relevant Existing Voluntary Standards
A. U.S. Voluntary Standards
1. Description of Existing U.S. Voluntary Standards for Gas Furnaces
and Boilers
In the United States, the four types of gas furnaces and boilers
within the scope of the proposed rule are covered by the following ANSI
Z21 voluntary standards:
ANSI Z21.13-2022, Standard for Gas-fired low pressure
steam and hot water boilers: This standard specifies construction and
performance requirements for gas-fired, low-pressure steam and hot
water boilers with input ratings of less than 12,500,000 Btu/hr (3,663
kW). The first edition of the standard was published in 1934, and the
standard has been revised several times, with the latest edition
published in 2022.
ANSI Z21.47-2021, Standard for Gas-fired central furnaces:
This standard specifies construction and performance requirements for
gas-fired central furnaces with input ratings up to and including
400,000 Btu/hr (117 kW) for installation in residential, commercial,
and industrial structures including furnaces for direct vent,
recreational vehicle, outdoor, and manufactured (mobile) homes. The
requirements for gas-fired central furnaces were initially included in
ANSI Z21.13, before becoming a separate standard in 1964. From 1978
through 1993, a separate standard for direct vent central furnaces
(ANSI Z21.64) was in place before being consolidated into a single
standard and harmonized with Canadian standard requirements in 1993,
with the latest edition of ANSI Z21.47 published in 2021.
ANSI Z21.86-2016, Standard for Vented gas-fired space
heating
[[Page 73276]]
appliances: This standard specifies construction and performance
requirements for vented gas-fired space heating appliances with input
ratings up to and including 400,000 Btu/hr (117 kW), including gravity
and fan type direct-vent wall furnaces and gravity and fan-type floor
furnaces. The ANSI Z21.86 standard was first published in 1998, with
the latest edition published in 2016.
All three ANSI standards have the following relevant requirements
for gas furnaces and boilers:
must not produce CO in excess of 400 ppm (under prescribed
laboratory test conditions);
shut off when vent or flue is fully blocked;
shut off when blower door is not sealed properly (gas-
fired central furnaces only); and
shut off if flames issue outside of the burner
compartment.
2. CPSC Voluntary Standards Activity
In 2000, CPSC staff proposed voluntary standard provisions that
would require a gas furnace (ANSI Z21/83 Technical Committee
subsequently extended the consideration of the proposed standards
provisions to all vented heating appliances including boilers):
to shut down if the vent pipe became disconnected; and
to shut down if the vent pipe became totally or partially
blocked; or
to have a means to prevent CO emissions from exceeding the
standard limits once installed in the field; and
to have a means, once installed in the field, to shut down
if CO emissions exceeded the standard limits.
In 2002, the ANSI Z21/83 Technical Committee (TC) established a
working group to evaluate the feasibility of using CO and combustion
sensor technology to implement CPSC staff's CO shutoff/response
proposal. CPSC staff participated in that working group from 2002
through 2005. ANSI disbanded this working group in 2005 because
manufacturers expressed concerns that there were no sensors
commercially available that had the durability or longevity to operate
within a gas furnace or boiler for their expected 20-year lifespan.
CPSC staff conducted additional sensor testing from 2007 to 2008 to
evaluate and assess the ANSI ZS21/83 TC's and working group's concerns.
In 2014, the Commission published a request for information (79 FR
21442) and hosted a Carbon Monoxide/Combustion Sensor Forum to gather
more information on the availability and feasibility of CO and
combustion sensors for use in gas furnaces and boilers.
In 2015, the Z21/83 TC established another working group to
evaluate a new CPSC staff proposal to add performance requirements for
CO Shutoff/Reponses to the voluntary standards for gas-fired central
furnaces and, boilers, wall furnaces, and floor furnaces. The Z21/83
Technical Committee assessed that the technology required to meet the
performance requirements was not feasible. The working group disbanded
in 2019 without proposing any revisions to the voluntary standard that
would adequately mitigate the CO hazard associated with gas furnaces
and boilers.
In Tab D of the 2019 Staff ANPR Briefing Package, staff analyzed
the three ANSI voluntary standards and concluded that none of the
existing voluntary standards included requirements to protect against
many of the known failure modes or conditions that have been associated
with production and leakage of CO into living spaces. Since publication
of the ANPR in August 2019, none of the existing ANSI voluntary
standards discussed above have been revised to address the known
failure modes or conditions associated with CO poisoning, such as
disconnection, breach, or partial blocking of flues, vents, and
chimneys.
B. International Standards
Existing Japanese and European gas appliance voluntary standards
include CO shutoff or combustion control \4\ requirements, with
reliance on gas sensing technologies to implement those standards'
requirements.
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\4\ Combustion control refers to a means to control the
combustion of a gas/air mixture to ensure complete combustion of the
gas/air mixture and to limit the production of carbon monoxide.
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1. Japan
The primary gas heating appliances used in Japan are gas water
heaters, gas boilers, and gas space heaters. Based on staff's review of
the Japanese gas appliance market, instantaneous tankless gas water
heaters \5\ (Figure 6) are more common than traditional gas water
heaters with storage tanks.
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\5\ Instantaneous tankless gas water heaters provide heated
water on demand and therefore, do not require the use of a large
storage tank, whereas traditional gas storage water heaters include
a large storage tank used to store heated water.
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The governing voluntary performance and safety standards in Japan
are:
JIS-S-2109--Gas-burning water heaters for domestic use;
JIS S 2112--Gas hydronic \6\ heating appliances for
domestic use; and
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\6\ ``Hydronic'' denotes a cooling or heating system in which
heat is transported using circulating water. A boiler is a type of
appliance that provides this capability.
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JIS S 2122--Gas-burning space heaters for domestic use.
These Japanese Industrial Standards (JIS) have explicit performance
requirements for vented gas water heaters, gas boilers, and gas space
heaters that require shutoff of the appliance in response to CO levels
above a certain threshold (i.e., 300 ppm CO). The CO detection
strategies Japanese manufacturers use to comply with JIS include
detection of CO within the combustion chamber of the appliance and
shutoff or combustion control in response to detection of hazardous
levels of CO.
2. Europe
The relevant Committee for European Standardization (CEN) standards
for residential gas boilers (depicted in Figure 7 below) are:
EN 15502-1, Gas-fired heating boilers, Part 1: General
requirements and tests;
EN 15502-2-1, Gas-fired central heating boilers, Part 2-1:
Specific standard for type C appliances and type B2, B3 and B5
appliances of a nominal heat input not exceeding 1 000 kW; and
EN 15502-2-2, Gas-fired central heating boilers, Part 2-2:
Specific standard for type B1 appliances.
[GRAPHIC] [TIFF OMITTED] TP25OC23.006
These CEN standards include explicit performance requirements for
gas boilers to either shut down before the CO concentration inside the
flue exceeds 2,000 ppm or not start if the CO concentration exceeds
1,000 ppm.
C. Staff Assessment of Voluntary Standards
Based on staff's analysis of the relevant ANSI standards, staff
concludes that the current ANSI Z21.13-2022, ANSI Z21.47-2021, and ANSI
Z21.86-2016 standards do not contain performance requirements to
protect against the known failure modes or conditions identified by the
Commission. Specifically, the current ANSI standards lack requirements
(1) that protect against known conditions that cause or contribute to
CO exposure and (2) for the appliance to monitor and manage CO
production to prevent the introduction of hazardous levels of CO in the
appliance's exhaust vent system. Currently, deaths and injuries can and
do occur from CO poisoning even when the furnace or boiler complies
with all applicable existing voluntary standards in the U.S. Based on
the above discussion and the analysis in the Staff NPR Briefing
Package, the Commission concludes that the existing ANSI standards for
gas furnaces and boilers are inadequate to address the hazards
identified by CPSC.
In addition, staff has researched international standards that
required the same or similar performance requirements as staff's 2000
and 2015 proposals to the Z21/83 Technical Committee. Staff identified
several gas-sensing technologies that were being used for CO shutoff or
combustion control of residential gas appliances used in Japan and
Europe to correspond with the respective standards. The CO-detection
strategies used by Japanese manufacturers include detection of CO
within the combustion chamber of the appliance and shutoff or
combustion control in response.
In Europe, residential gas boilers are required to meet certain
European combustion-efficiency requirements, as well as CO safety
requirements. The combustion-control strategies used by European gas
boiler manufacturers to comply with the standards are often
accomplished by monitoring the gas/air mixture, the combustion flame,
or the concentration of CO, oxygen, or carbon dioxide within the
combustion products. The combustion-control strategies are also used to
detect CO, but rather than causing shut-down of the
[[Page 73278]]
appliance, CO production is either prevented or limited by modulating
the appliance's operation. The Japanese and European standards do not
specify a minimum lifespan for sensing devices used to implement their
respective CO safety and combustion efficiency requirements. However,
adoption of the European and Japanese standards for U.S. gas furnaces
and boilers would not be appropriate because of the design differences
between European and Japanese products and U.S. gas furnaces and
boilers, as well as the different regulations and standards
requirements (other than CO safety related requirements) that European
and Japanese appliances are required to comply with that would not
apply to appliances made and sold in the U.S.
VI. Technical Justification for the Proposed Performance Requirements
A. Testing and Evaluation Conducted by Contractors
Tab C of the Staff NPR Briefing Package includes links to the
contractor reports regarding the research and testing conducted to
assist in developing staff's proposed mandatory performance
requirements. In 2019, a CPSC contract was awarded to Guidehouse
(formerly Navigant, Inc.) to study the impact of CO/combustion sensors
used in residential gas boilers and water heaters in Europe and Japan
and to gain a better understanding of the use of CO sensors in gas
appliances in other parts of the world and their impact in mitigating
CO risks associated with gas appliances. This contract work was also
was commissioned to assess industry concerns about the feasibility of
using sensors in the exhaust flue of gas furnaces and boilers. Work on
this contract concluded in 2021 and the findings are documented in a
contractor report titled, ``Review of Combustion Control and Carbon
Monoxide Sensors in Europe and Japan,'' dated June 28, 2021. The
Guidehouse report is included as attachment 3 of Tab C of the staff NPR
Briefing Package.
The Guidehouse report found that in Europe, gas appliance safety is
governed by European Union (EU) Regulation 2016/426 on appliances
burning gaseous fuels, and compliance with the applicable standard
published by the CEN is generally considered a means to demonstrate
compliance with the regulation. In Japan, the Gas Business Act and the
Act on the Securing of Safety and the Optimization of Transaction of
Liquefied Petroleum Gas require that a manufacturer or importer ensure
that the gas-fired equipment conforms to the technical standards
established by an Ordinance of the Ministry of Economy, Trade and
Industry (METI). European and Japanese manufacturers limit CO
production with combustion safety systems, combustion control systems,
direct CO sensing in the exhaust path, or a combination of these
approaches. The available data revealed that CO deaths and injuries in
the EU and Japan were declining. However, the Guidehouse report noted
that additional factors, such as other CO alarm usage and education and
market changes, likely played a role in these reductions of CO deaths
and injuries as well.
The Guidehouse report also found the designs used in U.S.
residential heating and water heating appliances differ significantly
from those used in Japan and Europe. In Europe and Japan, gas boilers
are commonly used for space heating and the market has transitioned
almost entirely to condensing systems that utilize premix power
burners. The Guidehouse report also found that appliances with design
platforms based on premix power burners are better suited to
incorporate combustion control because they typically have a single
burner, a single heat exchanger cell, and a single flame ionization
sensor to monitor the burner flame.
CPSC also procured two contracts with ANSYS, Inc. (formerly DfR
Solutions, Inc.) to estimate the expected lifespans of CO/combustion
sensors while operating in a gas furnace or boiler application. The
report titled ``Performance and Accelerated Life Testing of Carbon
Monoxide and Combustion Sensors,'' dated May 28, 2019, is included as
attachment 1 of Tab C of the Staff NPR Briefing Package. The report
titled ``Performance and Accelerated Life Testing of Redesigned Carbon
Monoxide and Combustion Gas Sensors,'' dated February 25, 2022, is
included as attachment 2 of Tab C of the Staff NPR Briefing Package.
The ANSYS report demonstrated that CO/combustion sensors are currently
commercially available for use in gas appliances; the CO/combustion
sensors that were tested had expected lifespans ranging from 6.4 to 10
years operating under conditions that replicate the main stress
conditions expected within a gas appliance.
B. Justification for Proposed Performance Requirements
The proposed performance requirements are reasonably necessary and
feasible for the following reasons:
The gas furnaces and boilers under consideration are
associated with an estimated 21 deaths per year, on average (2017-
2019), and an estimated total of 539 CO deaths from 2000 to 2019;
the existing voluntary standards do not include provisions
that would protect consumers from a number of conditions described in
section IV of the preamble that are known to cause or contribute to the
production, leakage into, and accumulation of dangerous concentrations
of CO in the living space of a dwelling;
there is no indication that the Z21/83 Technical Committee
or any of the technical Subcommittees for gas furnaces and boilers
intend to address this hazard; and
continuous monitoring of the combustion process or the
concentration of carbon monoxide within the combustion gases can be
accomplished using commercially available CO/combustion sensing or
combustion control technology.
The proposed performance requirements described in this section of
the preamble are intended to reduce the occurrence of CO-related
deaths, injuries, and exposures associated with gas furnaces and
boilers. Specifically, gas furnaces and boilers would continuously
monitor CO emissions and shut down or modulate combustion if any of the
average CO ranges specified in Table 1 \7\ are detected in the gas
furnaces and boilers flue gases for the durations listed.
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\7\ The proposed CO range setpoints and durations reflected in
Table 1 are derived from UL 2034, Standard for Safety Single and
Multiple Station Carbon Monoxide Alarms, 4th Edition, (2017), the
voluntary standard for in-home carbon monoxide alarms. UL 2034
provides requirements for electrically operated single and multi-
station CO alarms intended for protection in ordinary indoor
locations of dwelling units. Section 41.1 of UL 2034 provides the
levels at which a carbon monoxide alarm must trigger. Section 1.2 of
UL 2034 covers carbon monoxide alarms intended to respond to the
presence of carbon monoxide from various sources, including the
abnormal operation of fuel-fired appliances.
Table 1--CO Ranges and Durations for Shut-Down or Modulation
------------------------------------------------------------------------
Duration
Average CO (ppm) (minutes)
------------------------------------------------------------------------
500 or above................................................ 15
400-499..................................................... 30
300-399..................................................... 40
200-299..................................................... 50
150-199..................................................... 60
------------------------------------------------------------------------
The average CO ranges in Table 1 are the proposed setpoints and
durations at which a gas furnace or boiler must either shut down or
begin modulation. These CO ranges are based on Curve G of the CO
Concentration vs. Time graph
[[Page 73279]]
(Figure 41.1 from UL 2034) in Figure 8 which indicates what an
individual's carboxyhemoglobin (COHb) levels would be if exposed to
various CO concentrations and the time of exposure needed to reach that
COHb level. Curve G represents a 20 percent COHb level and the onset of
health effects in individuals (i.e., a headache). The values on the y-
axis represent CO exposure levels in parts per million (ppm) from zero
ppm CO to 1,800 ppm CO. The values on the x-axis represents the time
durations (in minutes) of exposure to the CO concentrations presented
on the y-axis. The curves A through J on the graph represent the
various carboxyhemoglobin levels an individual can reach when exposed
to CO (y-axis) over a period of time (x-axis).
[GRAPHIC] [TIFF OMITTED] TP25OC23.007
To interpret the graph in Figure 8, begin at a given CO
concentration on the y-axis and extend a horizontal line to the right
until the line intersects a COHb curve. At the point of intersection,
extend a vertical line downwards to the x-axis. The time value at this
point of intersection represents the amount of time, at the selected CO
concentration, at which an individual would reach a certain COHb level.
For example, at a 400 ppm CO concentration, it would take approximately
35 minutes for an individual to reach a COHb of 20 percent. At a CO
concentration of 300 ppm, it would take approximately 50 minutes to
reach a COHb of 20 percent. The dots on the graph in Figure 8
illustrate that the entire proposed CO response range (i.e., 150-400
and above) all fall on Curve G. A performance requirement that requires
shutdown or modulation of a gas furnace or boiler at this range of CO
levels provides protection to consumers from the onset of the more
serious CO-related health effects, such as vomiting, coma, and death.
The proposed performance requirement for the range and time period for
CO exposure is consistent with the existing UL 2034 standard for
consumer carbon monoxide alarms, which uses similar requirements to
protect consumers from CO exposure in the home.
Manufacturers may comply with the performance requirements under
the proposed rule by using an option for either shut down or modulation
of the gas furnace or boiler if the average CO level reaches 150 ppm
over a 15-minute duration. This option simplifies the performance
requirement to a single CO setpoint rather than multiple setpoints as
described above. It provides the same level of protection as the
multiple setpoint approach described above because the gas furnace or
boiler would be required to shut down or modulate at the lowest
threshold of CO production (150 ppm) that can result in low-level
health effects (i.e., headache per the 20 percent COHb curve). The
shorter time duration (15 minutes) is protective at higher CO
concentrations of 200 ppm or more that can begin to cause the onset of
health effects (i.e., a headache per the 20 percent COHb curve).
The proposed performance requirements described in section VIII of
the preamble are also based, in part on, on the definitions and
performance requirements in ANSI Z21.47, Standard for Gas-fired central
furnaces; ANSI Z21.13, Standard for Gas-fired low pressure steam and
hot water boilers, and ANSI Z21.86, Standard for Vented gas-fired space
heating appliances, as
[[Page 73280]]
well as performance requirements from CEN 8 9 standards for
domestic gas boilers, and CEN standards for safety and control devices
for gas appliances 10 11 and gas/air ratio controls for gas
appliances,\12\ and JIS standard for domestic gas water heaters,
boilers and space heaters.13 14 15 The CEN and JIS standards
were given weight when developing the proposed performance requirements
because the provisions in these standards are similar to the proposed
performance requirements for gas furnaces and boilers in this NPR and
are readily applicable to U.S. gas furnaces and boilers. In addition,
although there are significant differences between the design platforms
of European and Japanese gas boilers (i.e., predominantly premix power
burner designs) and U.S. gas furnaces and boilers (i.e., predominantly
induced draft and some atmospheric vent designs), the basic operating
environment parameters (e.g., temperature, humidity, and combustion
gases) within the heat exchangers and flues of European and Japanese
gas boilers and U.S. gas furnaces and boilers are similar. The European
and Japanese circumstances demonstrate the commercial availability of
CO/combustion sensors and combustion controls that: (1) provide CO/
combustion sensor-based shutoff or reduced CO through combustion
control; (2) are durable enough to survive in heat exchangers or flues
of gas appliances; and (3) can be applied for use in U.S. gas furnaces
and boilers.
---------------------------------------------------------------------------
\8\ EN 15502-2-1, Gas-fired central heating boilers, Part 2-1:
Specific standard for type C appliances and Type B2, B3 and B5
appliances of a nominal heat input not exceeding 1,000 kW.
\9\ EN 15502-2-2, Gas-fired central heating boilers Part 2-2:
Specific standard for type B 1 appliances.
\10\ BS EN 13611, Safety and control devices for burners and
appliances burning gaseous and/or liquid fuels--General
requirements.
\11\ BS EN 16340, Safety and control devices for burners and
appliances burning gaseous or liquid fuels--Combustion product
sensing devices.
\12\ Gas/air ratio controls for gas burners and gas burning
appliances--Part 2: Electronic types
\13\ JIS-S-2109, Gas burning water heaters for domestic use.
\14\ JIS-S-2112. Gas hydronic heating appliances for domestic
use.
\15\ JIS-S-2122, Gas burning space heaters for domestic use.
---------------------------------------------------------------------------
The proposed rule provides test methods to introduce a simulated
400 ppm, 300 ppm, 200 ppm, and 150 ppm CO emission level into the
exhaust gas to determine if the safety system passes or fails the
proposed performance requirements.
As explained in Tab B of the Staff NPR Briefing Package, staff
assesses that the proposed rule would be 90 to 100 percent effective in
preventing CO deaths and injuries associated with gas furnaces and
boilers, because CO production at the gas furnace and boiler would be
limited to levels that produce a headache in exposed consumers. Staff's
assessment is based on the following key metrics used to assess the
capability of the performance requirement in protecting consumers from
the identified CO exposure risks:
Detecting CO at the source of production: This provides a
greater level of protection to consumers than residential CO alarms
because it detects CO at the source of production within the gas
furnace or boiler, before it leaks into a dwelling space, and allows
for an earlier response time to protect consumers.
Prevents or limits production of harmful levels of CO:
Shutoff or modulation of the gas furnace or boiler directly addresses
harmful CO production.
Selecting CO response concentrations that fall on the 20
Percent COHb curve: Selecting multiple CO response concentrations or a
single, threshold CO concentration (150 ppm or higher) limits the
severity of any potential health effects to a headache (i.e., the 20
percent COHb curve).
Addresses all known hazard patterns: Although the
performance requirements do not prevent combustion product (including
CO) leakage, the requirements do protect against serious harm from
leakage of combustion products by limiting/preventing CO production.
VII. Response to Comments
In response to the Commission's 2019 ANPR regarding residential gas
furnaces and boilers, CPSC received 15 comments from the public,
divided between supporters and opponents of the proposal. Opposing
comments came primarily from the gas appliance industry. The comments
can be found under docket number CPSC-2019-0020, at:
www.regulations.gov. Below is summary of the comments and CPSC's
responses by topic area.
Alternatives to Performance Requirements
Comment: Nine commenters (A.O Smith, Carrier, Crown, Rheem, US
Boiler Co. Edward Johan (USBC EJ), US Boiler Co. John Busse (USBC JB),
Air Conditioning, Heating, and Refrigeration Institute (AHRI), Strauch,
and Stanonik) asserted that rulemaking is not necessary because
residential CO alarms will prevent CO poisoning from gas appliances.
One commenter (Stanonik) further claimed that information from CPSC's
IDI reports show that CO alarms are effective in protecting
participants from exposure to hazardous levels of CO and that a survey
being conducted by CPSC should be completed before rulemaking occurs.
Four commenters (Crown, USBC EJ, USBC JB, and AHRI) supported changing
the ANSI gas appliance standards and/or building codes to require CO
alarm installation.
Response: CPSC lacks statutory authority to mandate that consumers
install CO alarms in their homes. Although the Commission urges use of
residential CO alarms, not all homes are equipped with functioning and
maintained CO alarms, and fewer still have them in all occupied spaces
into which CO may leak from a gas furnace or boiler. Despite CPSC,
state and local governments, and the private section information and
education campaigns to increase the use of CO alarms, injuries and
fatalities that occur annually are evidence that this hazard continues
to kill and injure consumers, supporting the view that effective
performance requirements for gas appliances are critical to consumer
safety.
Comment: USBC JB stated that a CO monitor in the equipment room or
living space would provide a better solution than a CO monitor on the
appliance.
Response: A monitoring system located within the equipment room or
living space would not necessarily detect CO at all foreseeable points
of potential leakage along the length of the vent system. In contrast,
detecting excessive CO leakage at the point of production on the
appliance would protect consumers from CO exposure, regardless of the
point or mechanism of leakage, or the cause of elevated CO production.
Comment: USBC JB stated that CPSC should sponsor and provide
funding for a multi-functional task force to develop solutions to
reduce and eliminate CO poisoning caused by residential gas furnaces
and boilers.
Response: CPSC has contributed extensively to the development of
proposed solutions to the CO hazard from gas furnaces and boilers.
Staff's memorandum in Tab D of the Staff ANPR Briefing Package
summarizes CPSC staff's efforts from 2000 to 2019 to work with the ANSI
Z21/T83 Technical Committee to address carbon monoxide poisoning that
was continuing to occur despite revisions to the gas appliance
standards. CPSC staff conducted research and shared the results of that
research, along with incident reports, with the Committee. Staff also
submitted two proposals to the Technical Committee (in 2000 and 2015)
requesting that the relevant voluntary standards add requirements to
[[Page 73281]]
address the production of hazardous levels of CO and the risk of that
CO entering the living space of a dwelling. Despite staff's efforts
over two decades, as well as the developments of voluntary standard
requirements in Japan and Europe, the U.S. voluntary standards
community has not adequately addressed the CO risk at the source of
production in gas appliances. Indeed, in 2019 the Technical Committee
disbanded the working group assessing possible revisions to the
standards.
Comment: USBC JB predicted that gas furnaces and boilers will
eventually be replaced with electric heating appliances because current
and future efforts to reduce carbon emissions will eliminate or
restrict the availability of natural gas for residential appliances.
Response: Gas appliances and boilers continue to be sold in large
numbers for residential heating in the United States, without an
effective voluntary solution to the CO hazard. Therefore, the
Commission preliminarily concludes that mandatory performance
requirements to address CO production by gas furnaces and boilers are
necessary to reduce deaths and injuries from CO exposure that otherwise
will continue to occur.
Comment: USBC JB referred to periodic inspection and service of gas
appliances and asked if CPSC's data addresses whether ``formalized
inspection and service requirements would reduce carbon monoxide
poisoning.'' Two other commenters (Crown and AHRI) asserted that a
formal program to check installation, service, and maintenance will
reduce carbon monoxide incidents.
Response: CPSC lacks statutory authority to mandate homeowners'
spending for maintenance services. Further, CPSC staff is not aware of
data indicating that maintenance alone can address the deadly CO hazard
from gas furnaces and boilers. Manufacturers already recommend routine
maintenance of furnaces and boilers, yet injuries and deaths continue
to occur for the reasons described above.
Comment: Crown and USBC JB asserted that CPSC should rely on
recalls to prevent/reduce CO incidents involving gas boilers and
furnaces.
Response: When a product is subject to a CPSC recall, the product
already may have been involved in an incident, in this case a CO
exposure incident that may have caused serious injury or death. The
CPSC will continue to utilize the CPSA section 15 recall process,
independent of this this rulemaking, but it is not a substitute for the
proposed rule, which addresses elevated CO levels that may be unrelated
to a defect in the furnace or boiler itself.
Rely on Consumer or Installer Education
Comment: Carrier, Crown, Rheem, USBC EJ, and USBC JB stated that
information and education programs for consumers, installers, and
maintenance personnel will adequately address CO poisoning hazards.
Response: Information and education campaigns currently exist, and
yet numerous deaths and injuries continue to occur due to CO poisoning
from gas furnaces and boilers demonstrating that these campaigns do not
adequately address the hazard.
Warnings rely on educating consumers about the hazard and
persuading consumers to alter their behavior in some way to avoid the
hazard. To be effective, warnings also depend on consumers noticing or
otherwise receiving the message, attending to the message, remembering
the recommended behaviors when needed, and behaving consistently,
regardless of situational or contextual factors that influence
precautionary behavior, such as fatigue, stress, or social influences.
Thus, providing warnings and instructions about hazards is less
effective than either designing the hazard out of a product or guarding
the consumer from the hazard.
Rely on Voluntary Standards
Comment: Commenters A.O. Smith, Rheem and the National Propane Gas
Association (NPGA) stated that the CPSC should work with voluntary
standards organizations to address the hazard.
Response: Tab D of the Staff ANPR Briefing Package summarizes CPSC
staff's efforts from 2000 to 2019 to work with the ANSI Z21/T83
Technical Committee to address carbon monoxide poisoning incidents. As
described above, despite staff's efforts, the voluntary standards
organizations have not adopted adequate performance requirements to
address the hazard.
Comment: Carrier and AHRI noted that current appliance designs
certified to the applicable ANSI/CSA Z21 safety standards already
incorporate several safety features that reduce the risk of carbon
monoxide production. These include blocked vent/intake switches, draft
hood spill switches, and flame roll-out switches. Another commenter
(USBC JB) stated that the ANSI standard for direct and non-direct vent
boilers includes a test method to limit CO levels when the flue outlet
is blocked or partially blocked, which USBC JB believes addresses the
impact of snow blocking the vent. Stanonik stated that two-pipe or
direct vent systems have fewer CO risks and some atmospherically vented
appliances are not susceptible to depressurizing and back drafting that
lead to CO exposure in the living space, and that these features,
combined with the proper installation, service, and maintenance of the
appliances, would eliminate the CO risk.
Response: Blocked vent/intake pressure switches, draft hood spill
switches, and flame rollout switches are all requirements that were
added to and became effective in the standards between 1987 and 1993.
Yet injuries and deaths from CO poisoning have continued to occur
despite the existence of these voluntary standards provisions. Indeed,
as discussed in Tab B of the Staff NPR Briefing Package, the particular
voluntary standards provisions cited by these commenters have failed to
prevent deaths and injuries in real-world scenarios.
Adverse/Unintended Consequences of Shut-Off Triggered by CO Sensor
Comment: Six commenters (Carrier, Crown, USBC EJ, USG JB, AHRI, and
Strauch) stated that improper shut-down of a gas appliance by a CO
sensor will cause a no-heat hazard for consumers.
Response: In response to these comments and other staff analyses,
the proposed rule would require a fail-safe provision that would
operate for the life of the appliance. If a CO sensor, combustion
sensor, combustion control system, or other device designed to meet
these requirements, fails to operate properly or at all, then the
appliance shall shutdown and restart after 15 minutes, repeating this
cycle and continuing to provide heat until the failed component is
replaced, while also alerting the consumer of the hazard. For the life
of the gas furnace or boiler, the proposed fail-safe provision would be
required to notify consumers and service technicians of device failure
by either a flashing light, or other appropriate code on the appliance
control board, that corresponds to the device failure.
Comment: Crown stated that a shut-down central heating appliance
may encourage the use of less safe heating alternatives.
Response: Shut-off devices on gas furnaces and boilers (e.g., BVSS,
flame rollout switches, and over temperature limit switches) have been
required by the ANSI Z21 standards for 25 to 30 years. However, we are
not aware of any trends of consumers using less safe heating
alternatives as the result of these other safety shut-down devices on
these
[[Page 73282]]
products. Furthermore, the proposed rule has a fail-safe provision, as
described above, which provides warning to consumers of a CO sensor
issue without complete loss of functionality of the gas furnace or
boiler.
Carbon Monoxide Sensor--Sensitivity and Durability
Comment: American Gas Association (AGA) and USBC JB asserted that
measuring ``air-free'' CO concentrations benchmarked to the ANSI-
recognized ``safe'' concentration of 400 ppm would be complex because a
carbon monoxide monitor measures ``raw'' CO concentrations which
includes the ``air-free'' carbon monoxide concentration multiplied by
the ratio of air that was not used in combustion. Consequently, the
air-free CO will always be lower than the measured CO.
Response: CPSC staff agrees that an air-free measurement
calculation would be more complex since it would require the
measurement of carbon dioxide or oxygen as well, and the proposed rule
does not require this calculation.
Comment: USBC JB stated that the performance of existing CO sensors
has not been established at the 400 ppm level and lower.
Response: In general, sensor manufacturers specify the maximum and
minimum concentration range that a sensor can detect, as well as
whether the sensor provides a linear output voltage in response to the
gas (i.e., CO) it's designed to detect. For example, if a manufacturer
specifies that their sensor has a linear response range of 0 to 10,000
ppm of CO, then the sensor can detect between 0 and 10,000 ppm CO,
including 400 ppm CO or lower. CPSC staff has identified multiple CO
sensors with an advertised linear response range that extends below 400
ppm.
Comment: Strauch asserted that research does not show that CO
sensors are durable enough to last for 15 to 20 years. Another (USBC
JB) stated that performance requirements normally address device
tolerances to allow conformance at prescribed conditions and avoid
nuisance issues.
Response: We do not agree with the premise that CO sensors must
have a 15-to-20 year lifespan in order for the proposed rule to be
effective. Many parts may fail during the lifetime of a gas furnace or
boiler, resulting in the need for replacement or a service call to fix
or replace the part. CO sensors would be expected to be treated in this
same manner as other parts that need to be replaced during the lifespan
of the product. The costs of such services are included in the
preliminary regulatory analysis in section IX of the preamble.
Regarding the comment about tolerances, manufacturers will need to
select appropriate sensors and other equipment to ensure that their
furnaces and boilers comply with the proposed standard.
Requirements in International Standards
Comment: Crown and USBC JB asserted that there is no widespread use
of CO sensors in gas appliances in Europe and Japan. One commenter
(AHRI) observed that ``the EN standards (EN 15502-1, EN 15502-2-1 and
EN 15502-2-2) do not require manufacturers to incorporate a CO-sensor
shut-off device within the appliance.'' In addition, that commenter
stated none of the U.S. or international standards, including JIS S
2019, specifically require a CO sensor within the appliance. AHRI
stated that the most commonly used CO sensor, manufactured by Nemoto
Sensor Engineering, Ltd., is designed to work when carbon monoxide
levels exceed 1000 ppm.
Response: While the Japanese standard, JIS S 2019, and the European
standards, EN 15502-2-1 and EN 15502-2-2, do not specifically require a
CO sensor in-situ (i.e., within the heater exchanger or flue passage
ways of the appliance), each standard includes an option that allows
for CO and combustion sensors in-situ if the manufacturer chooses to
use that approach to meet the requirements of the respective standards.
Some European and Japanese gas boilers products certified to those
standards are equipped with CO sensor shutoff capability. More
generally, the existence of the option to use CO sensors incorporated
in-situ to meet the requirements of respective standards reinforces
that such sensors are feasible. Regarding Nemoto sensors, the published
Nemoto product literature (https://sensor.nemoto.co.jp/en/product/detail/nap-78su/) indicates that the CO sensors in question have a
linear response range of zero to 10,000 ppm CO; thus the sensors in
question are represented by Nemoto to have the capability to provide an
output voltage response to all of the CO levels within that range,
including 400 ppm CO and lower.
Feasibility of Performance Requirements With Existing CO/Combustion
Technology
Comment: Carrier and AHRI stated that ``a minimum of 20 years is
needed to replace existing residential gas appliances with a carbon
monoxide sensor-equipped appliances'' based on the anticipated lifespan
of an appliance. USBC JB stated that it would take a minimum of two to
three years to develop and validate performance requirements and then
revise the voluntary standards through the consensus process.
Response: We agree that it will take time for existing gas furnaces
and boilers to be replaced by newly installed equipment that meets the
requirements of the proposed rule mandating additional safety features
for future gas furnaces and boilers; inasmuch as the proposed rule does
not require replacement of existing installed gas furnaces and boilers
and would only apply to the future manufacture of gas furnaces and
boilers. This is reflected in the preliminary regulatory analysis in
Section IX of the preamble. Approximately two million gas furnaces and
800,000 gas boilers without CO sensors are sold each year, thus
prolonging the time it would take to replace old stock. As a result,
each year of further delay in instituting safety features to address
the CO hazard will result in millions of units without these features
being sold and installed and remaining in homes for multiple decades,
risking additional preventable deaths and injuries.
Comment: Carrier and AHRI stated that CO sensors will not detect
leakage from the venting system.
Response: The proposed rule focuses on the source rather than
leakage points throughout the exhaust path because of the extent,
variability, and potential inaccessibility of the exhaust path in
homes. We agree that a CO sensor will not detect leakage from a venting
system. However, CO detection at the source of production would provide
protection to consumers regardless of the location of downstream
leakage. For these reasons, we disagree with AHRI's assertion that a CO
sensor-equipped appliance would be ineffective against a compromised
vent.
Comment: A.O. Smith stated that CO sensors in a gas appliance
cannot easily be replaced in the field.
Response: The commenter provided no technical evidence to support
the claim that CO sensors cannot be installed so that they are easily
replaced in the field. CPSC staff is aware of and has access to gas
appliances that utilize CO sensors, air/fuel ratio sensors, and other
combustion control devices within the combustion chamber of flue
passageways to provide CO safety and/or energy efficiency. CO sensors
are no more complex and do not present any greater difficulty in
gaining access to the
[[Page 73283]]
devices for maintenance or replacement than other safety devices, such
as pressure switches, flame sensors, and flame rollout switches,
currently required by the ANSI standards for gas appliances. Sensors
are comprised of a sensing element covered by shielding and a mounting
flange. Typically, the shielded, sensing element is inserted through an
access hole through the bulkhead of a combustion chamber, plenum, or
flue passageway. The sensor is generally mounted to the bulkhead with
two screws with a heat-resistant gasket between the mounting flange and
the bulkhead. We assess that CO sensors in a gas appliance could be
replaced in consumer homes in a manner similar to other existing gas
furnace or boiler components that are currently serviced and replaced
in consumer homes.
Comment: Rheem asserted that some of the referenced/observed
failure modes in the ANPR cannot be addressed through appliance design
alone.
Response: We do not agree with the assertion that failure mode
issues cannot be addressed through appliance design. By ensuring that
harmful levels of CO are not produced in the gas furnace or boiler, the
proposed requirements remove the need to provide protection throughout
the entire exhaust vent system.
Comment: Stanonik stated that the document ``Findings from CPSC's
2014 Carbon Monoxide/Combustion Sensor Forum and Request for
Information'' (https://www.cpsc.gov/s3fs-public/pdfs/blk_pdf_Findings-from-the-FY14-Sensor-Forum-and-RFI.pdf) indicates that a specific
sensor technology that appeared to address durability and longevity
concerns is very expensive and reflected the ``significant process''
involved in developing durable and reliable sensor products.
Response: We agree that the cost the commenter referenced would be
high. However, the sensing technology in question was an evaluation
unit, not a full-scale production unit, and came with electronic
controls necessary to operate and evaluate the sensor, resulting in
elevated costs for that particular sensing technology. The cost per
unit typically goes down with large-scale production. CPSC staff
estimates costs for volume purchases in the range of approximately $5
to $15 per unit. The preliminary regulatory analysis in section IX of
the preamble provides further analysis of potential costs and benefits.
VIII. Description of the Proposed Rule
The proposed rule would create a new part 1408, ``Safety Standard
for Residential Gas Furnaces and Boilers.'' The provisions of the
proposed rule are described below.
A. Proposed Section 1408.1 Scope, Purpose, and Effective Date
Proposed section 1408.1 provides that new part 1408 establishes a
consumer product safety standard that would provide performance
requirements for residential gas furnaces and boilers that are consumer
products used to heat dwellings. The purpose of these requirements is
to reduce the occurrence of carbon monoxide-related deaths, injuries,
and exposures associated with gas furnaces, boilers, and wall and floor
furnaces. All requirements of the proposed rule apply to all
residential gas furnaces, boilers, and wall and floor furnaces that are
manufactured after the proposed effective date, which is 18 months
after publication of the final rule in the Federal Register.
B. Proposed Section 1408.2 Definitions
Proposed section 1408.2 provides definitions that apply for
purposes of part 1408. Proposed section1408.2 provides definitions for
the covered categories of furnaces and boilers. The proposed
definitions are based on the definitions used in ANSI Z21.47-2021, ANSI
Z21.13-2022, and ANSI Z21.86-2016 for the same product types.
C. Proposed Section 1408.3 Performance Requirements for Gas Furnaces
and Boilers
Proposed section 1408.3 provides general requirements, performance
requirements, test configuration, and test methods for all residential
gas furnaces and boilers. Section VII.B of the preamble provides the
technical justification for these proposed requirements.
1. Proposed Section 1408.3(a) (General Requirements)
Proposed section 1408.3(a) provides that all residential gas
furnaces and boilers must have a means to either directly or indirectly
monitor the concentration of carbon monoxide produced during the
combustion process and shut down or modulate combustion to reduce
average CO concentrations to below the CO levels for the durations of
time specified in proposed section 1408.3(b). The gas furnace or boiler
must either shut down or modulate combustion to reduce average CO
emissions to below 150 ppm if the average CO emissions reach or exceed
the CO limits and time durations specified in section 1408.3(b).
Proposed section 1408.3(a) also states that indirect monitoring and
control of CO emissions can be accomplished by monitoring and
controlling other combustion parameter(s) that accurately correlate to
the production of CO. Proposed section 1408.3(a) provides examples of
parameters that can serve as a proxy for CO production such as carbon
dioxide (CO2), oxygen (O2), the Gas/Air Ratio,
and the flame ionization current produced by the burner flame.
2. Proposed Section 1408.3(b) (Performance Requirements)
Proposed section 1408.3(b) provides a performance requirement that
a gas furnace or boiler must be equipped with a means to continuously
monitor CO emission and must meet the requirements described in either
proposed section 1408.3(b)(1) or (b)(2) (direct means to monitor CO
emissions) or (b)(3) or (4) (indirect means to monitor CO emissions)
when tested using the test method described in proposed section
1408.3(d). Proposed paragraphs 1408.3(b)(1) and (2) provides two
options for gas furnaces and boilers manufacturers to use direct means
to monitor CO emissions that must cause either shut-down or modulation
of the gas furnace or boiler combustion, based on conditions within the
gas furnace or boiler for a range of specified average CO
concentrations for the specified time frames. Proposed section
1408.3(b)(3) provides two options for gas furnace and boiler
manufacturers to use an indirect means to monitor CO emissions that
must either cause shut-down of the gas furnace or boiler or cause
modulation of combustion of the gas furnace or boiler, based on
conditions within the gas furnace or boiler for a range of specified
average CO concentrations for the specified time frames described.
Proposed section 1408.3(b)(4) provides a fail-safe requirement that
during the life of the gas furnace or boiler, if a CO sensor,
combustion sensor, combustion control system, or other device designed
to meet these requirements fails to operate properly or at all, then
the gas furnace or boiler must shutdown and restart after 15 minutes
and repeat this cycle until the failed component is replaced. The
requirement mandates that consumers and service technicians must be
notified of device failure by either a flashing light, or other
appropriate code on the gas furnace or boiler control board, that
corresponds to the device failure.
3. Proposed Section 1408.3(c) (Test Configuration)
Proposed section 1408.3(c) describes the requirements that gas
furnace or boilers must be configured in
[[Page 73284]]
accordance with the provisions of the combustion sections of the
respective voluntary standards (section 5.8.1 of ANSI Z21.47-2021 for
gas furnaces; section 5.5.1 of ANSI Z21.13-2022 for gas boilers; and
sections 9.3.1, 11.2.1, and 13.3.1, of ANSI Z21.86-2016 for gas wall
and floor furnaces) with respective instruction on how products are to
be configured before testing to proposed section 1408.3(d).
4. Proposed Section 1408.3(d) (Test Procedure)
Proposed section 1408.3(d) provides the test procedure to be used
to test a gas furnace or boiler after the product has been configured
pursuant to proposed section 1408.3(b) to demonstrate compliance with
the performance requirements provided in proposed section 1408.3(b).
D. Proposed Section 1408.4 Incorporation by Reference
Proposed section 1408.4 incorporates by reference ANSI Z21.47-2021,
ANSI Z21.13-2022, and ANSI Z21.86-2016 regarding the test setup cited
in proposed section 1408.3 and provides information on where the
standards are available.
E. Proposed Section 1408.5 Prohibited Stockpiling
Pursuant to section 9(g)(2) of the CPSA, 15 U.S.C. 2058(g)(2), the
proposed rule would prohibit a manufacturer from ``stockpiling'' or
substantially increasing the manufacture or importation of noncompliant
gas furnaces and boilers between the date publication of the final rule
and the effective date. The provision, which is explained more fully in
Tab D of the Staff NPR Briefing Package, would prohibit the manufacture
or importation of noncompliant products at a rate that is greater than
106 percent of the base period in the first 12 months after
promulgation, and 112.50 percent of the base period for the duration of
12 months after promulgation until the effective date. The base period
is defined in the proposed rule as the calendar month with the median
manufacturing volume, among months with manufacturing volume, during
the last 13 months prior to the rule's publication.
We propose a rate of 106 percent for the first 12 months and a rate
112.50 percent in the final 6 months between publication and effective
date based on the historical growth of the industry. We propose a
higher rate of 112.50 percent for the second year to account for the
baseline growth of the industry in the second year.
Individual manufacturers may experience growth rates outside the
historical range. Shipment data for gas furnaces and boilers show a
steady, yet seasonal, market. Shipments of gas furnaces and boilers
begin to rise in March and continuously increase until December, after
which they fall off sharply. The Commission seeks public comment on
manufacturing, the seasonality of sales, and supply chain of gas
furnaces and boilers to further understand these topics.
F. Appendix A to Part 1408--Findings Under the Consumer Product Safety
Act
The findings required by section 9 of the CPSA are discussed
throughout this preamble and set forth in Appendix A to the proposed
rule.
IX. Preliminary Regulatory Analysis
Pursuant to section 9(c) of the CPSA, publication of a proposed
rule must include a preliminary regulatory analysis containing:
A preliminary description of the potential benefits and
potential costs of the proposed rule, including any benefits or costs
that cannot be quantified in monetary terms, and an identification of
those likely to receive the benefits and bear the costs;
a discussion of why a relevant voluntary safety standard
would not eliminate or adequately reduce the risk of injury addressed
by the proposed rule; and
a description of any reasonable alternatives to the
proposed rule, together with a summary description of their potential
costs and benefits and why such alternatives should not be published as
a proposed rule.
This preamble contains a summary of the preliminary regulatory
analysis for the proposed rule. Tab D of the Staff NPR Briefing Package
contains a detailed analysis.
A. Market Information
1. The Product
Gas furnaces and boilers are vented gas heating appliances that
heat residential dwellings. Section III of the preamble provides a
detailed discussion of the nature and operation of gas furnaces and
boilers. The average product life for gas furnaces and boilers ranges
from approximately 22 to 25 years.
Gas furnaces and boilers include central warm-air furnaces and
boilers as well as floor, and wall furnaces.
Central warm-air furnaces and boilers use a central
combustor, or boiler, to heat air using natural gas, and liquid
propane. Some of these furnaces move the heated air using a blower or
fan through ducts while others rely on the natural flow of warm air
going up and cold air down to circulate air. Most boilers supply steam
or hot water through conventional radiators or baseboard radiators.
Floor and wall furnaces are less common than central
furnaces and boilers and consist of ductless combustors to heat air. A
floor furnace and wall furnace heat the physical parts of the house
(i.e., floor or wall) to heat the dwelling. A furnace is typically
located in a basement and delivers heated air through a large register
in the floor above it.
Consumers purchase gas furnaces and boilers primarily through
contract installers, but they may also purchase units at retail stores
and online retailers. CPSC staff estimate the average retail price of
gas furnaces to be $1,660 and $3,719 for gas boilers.
2. Market Trends for Gas Furnaces and Boilers
Staff identified as many as 70 firms that manufacture or import
residential gas furnaces and boilers. When accounting for subsidiaries
and multiple brands provided by the same company, staff identified 20
parent firms. In 2016, the largest 10 firms by revenue accounted for
83.3 percent of heating equipment sales. Seven of these firms are based
in the U.S.
Department of Energy's (DOE) most recent Residential Energy
Consumption Survey (RECS) reports the total number of gas furnaces, gas
boilers, and wall furnaces in-use to be 60.94 million in 2020. This is
an increase from 57.90 million in 2015. Between 2015 and 2020,
therefore, the number of in-scope gas furnaces and boilers grew at an
average annual rate of 1.03 percent.
DOE's Government Regulatory Impact Model (GRIM) projects gas
furnace sales in 2021 to be 3.58 million units and gas boilers to be
0.30 million units. CPSC staff estimated that residential gas furnaces
and boilers sales in 2021 to be $5.94 billion and $1.12 billion,
respectively.
CPSC staff estimate that residential gas boiler imports average
$117.67 million annually. The Commission requests comment on the value
and quantity of gas furnaces and boilers imports that would be subject
to a proposed rule.
3. Future Market Size for Gas Furnaces and Boilers
Staff used a 1.03 percent annual growth rate derived from DOE's
GRIM to project sales into the future. Using this approach, staff
estimates the number of
[[Page 73285]]
in-use, in-scope gas furnaces and boilers will grow from 64.13 million
in 2025 to 90.49 million in 2054.
B. Preliminary Description of Potential Costs and Benefits of the Rule
Staff conducted a cost assessment of the proposed rule. The
proposed rule would impose the following costs: increased variable
costs of producing furnaces and boilers with CO sensors and shutoff
capabilities; one-time conversion costs of redesigning and modifying
factory operations for installing CO sensors; increased maintenance
costs of gas furnaces and boilers to consumers; and deadweight loss
\16\ in the market caused by the increasing price due to regulation and
the subsequent decline in sales. Staff performed a 30-year prospective
cost assessment (2025-2054) on all four cost categories and estimated
the total annualized cost from the proposed rule to be $602.27 million,
discounted at three percent.\17\ Staff estimated the per-unit cost of a
gas furnace or boiler from the proposed rule to be $158.11, discounted
at three percent.
---------------------------------------------------------------------------
\16\ Deadweight loss is the value of lost transactions that may
occur after major market events such as a new regulation.
\17\ Staff uses a discount rate to incorporate the time value of
money during the 30-year study period. In the analysis, staff
presents both costs and benefits in undiscounted dollars, discounted
at three percent, and discounted at seven percent.
---------------------------------------------------------------------------
Staff also conducted a benefits assessment of the proposed rule.
The benefits assessment accounted for the prevention of deaths and
injuries from compliant gas furnaces and boilers, which staff monetized
using the Value of Statistical Life (VSL) for deaths, and the Injury
Cost Model (ICM) for injuries. Over the 30-year study period, staff
estimated the proposed rule would prevent 576 deaths (19.20 deaths per
year) and 160,699 injuries (5,357 per year). The total annualized
benefits from the proposed are $356.52 million, discounted at three
percent. Staff estimated the per-unit benefits from the proposed rule
to be $93.60, discounted at three percent. Staff calculates net
benefits (benefits less costs) to be -$245.74 million on annualized
basis, discounted at three percent. The net benefits on per-unit basis
are -$64.51, discounted at three percent. Alternatively, this can be
described as the proposed rule being a net cost of $64.51 per gas
furnace or boiler, which represents approximately three percent of the
average price of a gas furnace or boiler, to prevent an estimated 576
deaths and 160,699 injuries over 30 years.
Finally, staff conducted a sensitivity analysis that showed if, by
2035 manufacturers were able to develop compliant gas furnaces and
boilers with CO sensors that did not need replacement, and if the
analysis took into account that a child's death is considered twice as
costly as an adult death,\18\ the benefit-cost ratio would increase to
0.78.
---------------------------------------------------------------------------
\18\ For more information see CPSC's Draft Guidance for
Estimating Value per Statistical Life (88 FR 17826), https://www.federalregister.gov/documents/2023/03/24/2023-06081/notice-of-availability-proposed-draft-guidance-for-estimating-value-per-statistical-life.
---------------------------------------------------------------------------
C. Evaluation of Voluntary Standards
Based on staff's evaluation of the relevant ANSI standards
discussed in section V of the preamble, the Commission preliminarily
determines that current U.S. voluntary standards do not adequately
address the hazard of CO exposure from gas furnaces and boilers.
Further, the Z21/83 Technical Committee and the subordinate Technical
Subcommittees have no clear plan to address these hazards in the
relevant voluntary standards. None of the commenters on the ANPR
submitted any recommendations for proposed requirements, nor did any
commenters submit an existing voluntary standard or a portion of one
that would adequately address the CO exposure risk that this proposed
rule would address. No standard or portion of a standard was submitted
to the Commission under section 9(a)(5) of the CPSA.
D. Alternatives to the Proposed Rule
The Commission considered four alternatives to the proposed rule:
(1) continue to work and advocate for change through the voluntary
standards process; (2) rely on the use of residential CO alarms; (3)
continue to conduct education and information campaigns; and (4) rely
on recalls. Each alternative is discussed in detail below.
1. Continue To Work and Advocate for Change Through the Voluntary
Standards Process
Section V of this preamble highlights CPSC staff's participation in
the voluntary standard development process for ANSI Z21.47, Z21.13, and
Z21.86. Despite staff encouraging industry to adopt a standard that
adequately addresses the hazard, and providing industry with the
necessary factual foundation, industry has not adopted such a standard
in over 20 years. For this reason, the Commission is not adopting this
alternative.
2. Rely on the Use of Residential CO Alarms
CPSC has long promoted CO alarm adoption and states have
increasingly required CO alarms in homes over the last two decades. Yet
there has not been a significant decline in CO injuries and fatalities,
demonstrating that CO alarm adoption alone is insufficient to address
the hazard. We also note that residential CO alarms may fail to alert
due to battery failure, poor maintenance, manufacturer defect, age,
incorrect installation, or defects. Finally, a CO alarm would not shut
down a gas furnace or boiler producing a dangerous amount of CO and
thus would require the occupant to properly recognize what to do when
the alarm is triggered. For these reasons, the Commission is not
adopting this alternative.
3. Continue To Conduct Education and Information Campaigns
Despite education and information campaigns by CPSC and others
regarding CO hazards, CO death and injuries for gas furnaces and
boilers remain high. Education and information campaigns alone have not
adequately addressed the CO hazard from gas furnaces and boilers in the
absence of a performance standard. For these reasons, the Commission is
not adopting this alternative.
4. Rely on Recalls
Although not all instances of excessive CO concentrations result
from a defect in the gas furnace or boiler, the Commission could seek
voluntary or mandatory recalls of gas furnaces and boilers that present
a substantial product hazard. Recalls only apply to an individual
manufacturer and product, and generally do not extend to similar
products, and occur only after consumers have purchased and used such
products with possible resulting deaths or injuries due to exposure to
the hazard. Additionally, recalls can only address products that are
already on the market but do not directly prevent unsafe products from
entering the market. In the absence of a rule, hazardous gas furnaces
and boilers will continue to see sales of several million units
annually and the stock of hazardous products will continue to grow.
Additionally, while detached gas furnaces and boilers could be easily
recalled, installed gas furnace and boiler recalls can be disruptive
and costly. For these reasons, the Commission does not choose this
alternative.
[[Page 73286]]
X. Initial Regulatory Flexibility Analysis
Whenever an agency publishes an NPR, Section 603 of the Regulatory
Flexibility Act (RFA), 5 U.S.C. 601-612, requires the agency to prepare
an initial regulatory flexibility analysis (IRFA), unless the head of
the agency certifies that the rule will not have a significant economic
impact on a substantial number of small entities. The IRFA, or a
summary of it, must be published in the Federal Register with the
proposed rule. Under Section 603(b) of the RFA, each IRFA must address:
(1) a description of why action by the agency is being considered;
(2) a succinct statement of the objectives of, and legal basis for,
the proposed rule;
(3) a description of and, where feasible, an estimate of the number
of small entities to which the proposed rule will apply;
(4) a description of the projected reporting, recordkeeping, and
other compliance requirements of the proposed rule, including an
estimate of the classes of small entities which will be subject to the
requirement and the type of professional skills necessary for
preparation of the report or record; and
(5) an identification, to the extent practicable, of all relevant
Federal rules which may duplicate, overlap, or conflict with the
proposed rule.
The IRFA must also describe any significant alternatives to the
proposed rule that would accomplish the stated objectives and that
minimize any significant economic impact on small entities.
A. Reason for Agency Action
The intent of this rulemaking is to reduce deaths and injuries
resulting from carbon monoxide leaks from gas furnaces and boilers by
establishing a mandatory performance standard requiring gas furnaces
and boilers to shut off or modulate when CO levels reach specified
amounts for a certain duration.
B. Objectives of and Legal Basis for the Rule
The Commission proposes this rule to reduce the risk of death and
injury associated with CO leakage from residential gas furnaces and
boilers. This standard is promulgated under the authority of the CPSA.
To issue a mandatory standard under CPSA section 7, 15 U.S.C. 2056, the
Commission must follow the procedural and substantive requirements in
section 9 of the CPSA, 15 U.S.C. 2058. See 15 U.S.C. 2056(a).
C. Small Entities to Which the Rule Will Apply
The proposed rule would apply to all manufacturers and importers of
gas furnaces and gas boilers. CPSC staff is aware of as many as 70
firms manufacturing gas furnaces and boilers for the U.S. market. When
accounting for subsidiaries and multiple brands provided by the same
company, staff identified 20 parent firms.
Using SBA guidelines, staff identified two small manufacturers of
gas furnaces, three small manufactures of residential gas boilers, and
one importer of gas furnaces that may fall within the scope the rule.
The Commission requests comment on additional manufacturers and
importers of gas furnaces and boilers that may meet the SBA definition
of a small business.
D. Compliance, Reporting, and Record-Keeping Requirements of Proposed
Rule
In accordance with Section 14 of the CPSA, 15 U.S.C. 2063,
manufacturers would have to issue a General Certificate of Conformity
(GCC) for each of their gas furnace or boiler models, certifying that
the model complies with the proposed performance requirement. Each GCC
must also be based on a test of each product or a reasonable testing
program and provided to all distributors or retailers of the product.
The manufacturer would have to comply with 16 CFR part 1110 concerning
the content of the GCC, retention of the associated records, and any
other applicable requirements.
E. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rule
No Federal rules duplicate, overlap, or conflict with the proposed
rule.
F. Potential Impact on Small Entities
1. Impact on Small Manufacturers
The preliminary regulatory analysis in Section IX of this preamble
discusses costs more fully. Based on that analysis, to achieve
compliance with the proposed rule's performance requirements, small
domestic manufacturers would incur costs from the increased variable
costs of producing furnaces and boilers with CO sensors and shutoff
capabilities and testing and certifying such products, as well as the
one-time conversion costs of redesigning and modifying factory
operations for installing CO sensors.
Installing CO sensors and shutoff capabilities in a gas furnace or
boiler is a variable cost that is attached to each unit produced. Staff
used a Guidehouse study (Guidehouse 2021) to find that the cost to
manufacturers (without any markup included) at an annual production
level of 119,572 gas furnace and boiler units yields an average
incremental cost of $66.47 per unit.\19\ This is an annual total of
$7.95 million ($66.47 x 119,572) for each small firm.
---------------------------------------------------------------------------
\19\ Weighted average between retail price increase from gas
furnaces ($65.22) and boilers ($81.10) for the first year impact of
the rule.
---------------------------------------------------------------------------
Regarding the one-time conversion costs, DOE's findings from its
2015 Rules on Gas Residential Furnaces and Boilers (80 FR 13120 and 80
FR 17222) found an industry cost of $413.28 million (inflated to 2021
dollars).\20\ This would suggest a maximum conversion cost for small
firms of $69.02 million (16.7 percent x $413.28 million) or $13.80
million per firm among the small five manufacturers.
---------------------------------------------------------------------------
\20\ Conversion costs were calculated in 2013 dollars and
reported in 2020 dollars adjusted for 2013-2020 inflation using the
Consumer Price Index-Urban.
---------------------------------------------------------------------------
2. Impact on Small Importers
Staff identified one small importer of products that would be
within the scope of the standard. Importers may pass on testing
responsibility and GCC creation to the foreign manufacturers and then
issue the resulting certificate. Changes in production and
certification costs incurred by suppliers from the standard could be
passed on to the importers, which in turn are likely to be passed onto
consumers given the relatively inelastic demand for heating appliances.
For this reason, the Commission does not believe that the proposed rule
will have a significant impact on small importers.
The Commission seeks public comment on information on importers of
gas furnaces and boilers; specifically, how many are imported, how many
different models each importer sells, and what technologies those
models are currently using (atmospheric venting, condensing, non-
condensing, premix power burners, etc.). The Commission also seeks
public comment on information regarding to what degree supplying firms
tend to pass on increases in production and regulatory costs to
importers, and to what extent the ability to pass on these costs is
limited by the ease with which importers can switch suppliers or
substitute to alternative products, such as electrical furnaces and
boilers.
G. Alternatives for Reducing the Adverse Impact on Small Businesses
The Commission considered four alternatives to the proposed rule:
(1) continue to work and advocate for change through the voluntary
standards
[[Page 73287]]
process; (2) rely on the use of residential CO alarms; (3) rely on
education and information campaigns; and (4) rely on recalls. The
Commission is not adopting these alternatives for the reasons in
Section IX of the preamble.
The Commission welcomes public comments on this IRFA. Small
businesses that believe they would be affected by the proposed rule are
encouraged to submit comments. The comments should be specific and
describe the potential impact, magnitude, and alternatives that could
reduce the impact of the proposed rule on small businesses.
XI. Incorporation by Reference
The Commission proposes to incorporate by reference: ANSI Z21.47-
21, Standard: Gas-fired central furnaces; ANSI Z21.13-22, Standard:
Gas-fired low-pressure steam and hot water boilers; and ANSI Z21.86-16,
Standard: Vented Gas-fired space heating appliances. The Office of the
Federal Register (OFR) has regulations regarding incorporation by
reference. 1 CFR part 51. Under these regulations, agencies must
discuss, in the preamble to a final rule, ways in which the material
the agency incorporates by reference is reasonably available to
interested parties, and how interested parties can obtain the material.
In addition, the preamble to the final rule must summarize the
material. 1 CFR 51.5(b)(3).
In accordance with the OFR regulations, section IV of this preamble
summarizes the major provisions of ANSI Z21.47-21, Standard: Gas-fired
central furnaces; ANSI Z21.13-22, Standard: Gas-fired low-pressure
steam and hot water boilers; and ANSI Z21.86-16, Standard: Vented gas-
fired space heating appliances that the Commission incorporates by
reference into 16 CFR part 1408. The standard itself is reasonably
available to interested parties. Until the final rule takes effect,
read-only copies of ANSI Z21.47-21, Standard: Gas-fired central
furnaces; ANSI Z21.13-22, Standard: Gas-fired low-pressure steam and
hot water boilers, and ANSI Z21.86-16, Standard: Vented gas-fired space
heating appliances are available for viewing, at no cost, at https://community.csagroup.org/login.jspa?referer=%252Fgroups%252Fansi-standards-view-access. Once the rule takes effect, a read-only copy of
the standards will be available for viewing, at no cost, at https://community.csagroup.org/login.jspa?referer=%252Fgroups%252Fansi-standards-view-access. Interested parties can also schedule an
appointment to inspect a copy of the standard at CPSC's Office of the
Secretary, U.S. Consumer Product Safety Commission, 4330 East West
Highway, Bethesda, MD 20814, telephone: (301) 504-7479; email: [email protected]. Interested parties can purchase a copy of the three ANSI
standards from the Canadian Standards Association, 8501 East Pleasant
Valley Road Independence, OH 44131-5516: 1-800-463-6727;
www.csagroup.org/store/.
XII. Environmental Considerations
Generally, the Commission's regulations are considered to have
little or no potential for affecting the human environment, and
environmental assessments and impact statements are not usually
required. See 16 CFR 1021.5(a). The proposed rule is not expected to
have an adverse impact on the environment and is considered to fall
within the ``categorical exclusion'' for the purposes of the National
Environmental Policy Act. 16 CFR 1021.5(c).
XIII. Preemption
Executive Order (E.O.) 12988, Civil Justice Reform (Feb. 5, 1996),
directs agencies to specify the preemptive effect of a rule in the
regulation. 61 FR 4729 (Feb. 7, 1996). The proposed regulation for gas
furnaces and boilers is being promulgated under authority of the CPSA.
15 U.S.C. 2051-2089. Section 26 of the CPSA provides that:
whenever a consumer product safety standard under this Act is in
effect and applies to a risk of injury associated with a consumer
product, no State or political subdivision of a State shall have any
authority either to establish or to continue in effect any provision
of a safety standard or regulation which prescribes any requirements
as to the performance, composition, contents, design, finish,
construction, packaging or labeling of such product which are
designed to deal with the same risk of injury associated with such
consumer product, unless such requirements are identical to the
requirements of the Federal Standard.
15 U.S.C. 2075(a). Thus, the proposed rule would preempt non-identical
state or local requirements for gas furnaces and boilers designed to
protect against the same risk of injury, i.e., risk of injury and death
associated with CO production and leakage from residential gas furnaces
and boilers.
States or political subdivisions of a state may apply for an
exemption from preemption regarding a consumer product safety standard,
and the Commission may issue a rule granting the exemption if it finds
that the state or local standard (1) provides a significantly higher
degree of protection from the risk of injury or illness than the CPSA
standard, and (2) does not unduly burden interstate commerce. 15 U.S.C.
2075(c).
XIV. Effective Date
The Administrative Procedure Act (APA) generally requires that the
effective date of a rule be at least 30 days after publication of a
final rule. 5 U.S.C. 553(d). Section 9(g)(1) of the CPSA states that a
consumer product safety rule shall specify the date such rule is to
take effect, and that the effective date must be at least 30 days after
promulgation but cannot exceed 180 days from the date a rule is
promulgated, unless the Commission finds, for good cause shown, that a
later effective date is in the public interest and publishes its
reasons for such finding.
The Commission preliminarily proposes an effective date of 18
months after publication of the final rule in the Federal Register. The
rule would apply to gas furnaces and boilers manufactured after the
effective date. The effective date of the proposed rule is based on
staff's assessment that, to comply with the final rule, manufacturers
would have to:
Identify and establish contracts with suppliers of CO
sensing or combustion control devices;
redesign the impacted gas furnaces and boilers to
integrate CO sensing or combustion control devices;
work with gas control and control board manufacturers on
redesigning gas controls and control boards to properly incorporate
power and output signals from CO sensing or combustion control devices;
conduct qualification testing and analysis of CO sensing
or combustion control devices integrated into impacted appliances;
retool manufacturing lines to allow for CO sensing or
combustion control devices to be assembled into impacted appliances;
incorporate the CO sensing or combustion control devices
into existing quality control procedures;
retrain assembly line staff on the redesigned gas
appliances and retooled manufacturing lines;
incorporate the CO sensing or combustion control devices
into the user, maintenance, and installation instruction manuals of
impacted appliances;
develop new guidance for distributors and retail outlets
for the impacted appliances; and
[[Page 73288]]
test and certify of the new models to voluntary standards
required in many jurisdictions to meet building codes.
A shorter effective date would likely result in manufacturers being
unable to produce compliant products or produce enough products to meet
their typical demand; resulting in a product shortage in the supply
chain, consumers being denied their preferred product with a loss of
utility and potentially an additional cost; and quality control issues.
We note the proposed 18-month effective date is consistent with the
applicable voluntary standards for gas furnaces, boilers, and wall and
floor furnaces (i.e., ANSI Z21.13, ANSI Z21.47, and ANSI Z21.86, as
well as all other ANSI Z21 standards), which typically allow for an
effective date of 18 months after new standards provisions are
approved. While the proposed 18-month effective date is a departure
from the 180-day default effective date required by section 9(g)(1) of
the CPSA, the Commission preliminarily concludes that there is good
cause here to set the effective date at 18 months for manufacturers to
ensure compliance with the proposed performance requirements of the
rule based on the reasons discussed above. A detailed discussion of the
justification for the recommended 18 month effective date is available
in the Staff NPR Briefing Package. The Commission seeks comments on the
effective date with specific information to support any argument that
an effective date longer than the 180-day period specified in CPSA
section 9(g)(1) is or is not justified by good cause, including for the
reasons preliminarily identified above.
XV. Paperwork Reduction Act
This proposed rule contains information collection requirements
that are subject to public comment and review by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995
(PRA). 44 U.S.C. 3501-3520. We describe the provisions in this section
of the document with an estimate of the annual reporting burden. Our
estimate includes the time for gathering certificate data and creating
General Certificates of Conformity (GCC), the keeping and maintaining
of records associated with the GCCs, and the disclosure of GCCs to
distributers and retails.
CPSC particularly invites comments on: (1) whether the collection
of information is necessary for the proper performance of the CPSC's
functions, including whether the information will have practical
utility; (2) the accuracy of the CPSC's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; (4) ways to
reduce the burden of the collection of information on respondents,
including the use of automated collection techniques, when appropriate,
and other forms of information technology; and (5) estimated burden
hours associated with label modification, including any alternative
estimates.
Title: Safety Standard for Gas Furnaces and Boilers.
Description: The proposed rule would require each gas furnace and
boiler to comply with performance requirements under which the
appliance shuts off or modulates when CO levels reach specified amounts
for a certain time duration.
Description of Respondents: Persons who manufacture or import gas
furnaces and boilers. Staff estimates the burden of this collection of
information as follows in Table 2:
Table 2--Estimated Annual Reporting Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Frequency of Total annual Minutes per Total burden
Burden type respondents responses responses response hours Annual cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
GCC Creation............................................ 20 500 10,000 5 833 $63,525
Recordkeeping........................................... 20 500 10,000 1.25 208 7,005
Third Party Disclosure.................................. 20 500 10,000 15 2,500 84,200
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 14(a)(1) of the CPSA, 15 U.S.C. 2063(a)(1), would require
manufacturers to certify that their products conform to the proposed
rule and issue a GCC. There are 20 known corporate entities supplying
gas furnaces and boilers to the U.S. market. On average, each entity
may issue 500 certificates for complying gas furnaces or boilers in the
market. Each manufacturer or importer may issue 500 certificates for a
total of 10,000 certificates (20 firms times 500 certificates per firm
= 10,000 certificates). Staff treats each certificate issued as a new
recordkeeping response so there is a total of 10,000 responses for GCC
creation. The estimated time required to issue a GCC is estimated at
about five minutes (although it often could be less). To comply with
the CPSA, gas furnace and boiler manufacturers covered by the rule must
subject their products to a reasonable testing program. Quality control
and testing is usual and customary for gas furnace and boiler
manufacturers, however creation (i.e., recording of test results) may
not be. Staff estimates that each firm may spend five minutes per
certificate issued recording the results of a reasonable testing
program. This would include the time taken to read the test results,
create the testing record, and issue a certificate. Therefore, the
estimated burden associated with issuance of GCCs is 833 hours (10,000
responses x 5 minutes per response = 50,000 minutes or 833 hours).
Staff estimates the hourly compensation for the time required to issue
GCCs is $76.26 (U.S. Bureau of Labor Statistics, ``Employer Costs for
Employee Compensation,'' March 2023, Table 4, management, business, and
financial occupations: https://www.bls.gov/news.release/pdf/ecec.pdf).
Therefore, the estimated annual cost to industry associated with
issuance of a GCC is $63,525 ($76.26 per hour x 833 hours).
We estimate for the purpose of this burden analysis that records
supporting GCC creation, including testing records, would be maintained
for a five-year period. Staff estimates another 10,000 recordkeeping
responses, each one of which requires 1.25 minutes per year in routine
recordkeeping. This adds up to 12,500 minutes or 208 hours. Staff
estimates the hourly compensation for the time required to issue is
$33.68 (U.S. Bureau of Labor Statistics, ``Employer Costs for Employee
Compensation,'' March 2023, Table 4, office and administrative support
occupations: https://www.bls.gov/news.release/pdf/ecec.pdf). Therefore,
the estimated annual cost to industry associated with recordkeeping
associated with GCCs is $7,005 ($33.68 per hour x 208 hours).
Section 14(g)(3) of the CPSA also requires that GCCs be disclosed
to third party retailers and distributors. Staff estimates another
10,000 third party disclosure responses, each one of which
[[Page 73289]]
requires 15 minutes per year. This adds up to 150,000 minutes (10,000
responses x 15 minutes per response) or 2,500 hours. Staff uses an
hourly compensation for the time required to disclose certificates to
third parties of $33.68 (U.S. Bureau of Labor Statistics, ``Employer
Costs for Employee Compensation,'' March 2023, Table 4, office and
administrative support occupations: https://www.bls.gov/news.release/pdf/ecec.pdf). Therefore, the estimated annual cost to industry
associated with third party disclosure of GCCs is $84,200 ($33.68 per
hour x 2,500 hours). There are no operating, maintenance, or capital
costs associated with the collection.
Based on this analysis, the proposed standard for gas furnaces and
boilers would impose a total paperwork burden to industry of 4,374
hours (833 hours + 833 + 208 hours + 2,500 hours), at an estimated cost
of $154,730 annually ($63,525 + $7,005 + $84,200). Existing gas furnace
and boiler manufactures would incur these costs in the first year
following the proposed rule's effective date. In subsequent years,
costs could be less, depending on the number of new GCCs issued for gas
furnaces and boilers. As required under the PRA (44 U.S.C. 3507(d)),
CPSC has submitted the information collection requirements of this
proposed rule to the OMB for review. Interested persons are requested
to submit comments regarding information collection by December 26,
2023, to the Office of Information and Regulatory Affairs, OMB as
described under the ADDRESSES section of this notice.
XVI. Certification
Section 14(a)(1) of the CPSA requires that products subject to a
consumer product safety rule under the CPSA, or to a similar rule, ban,
standard or regulation under any other act enforced by the Commission,
must be certified with a GCC as complying with all applicable CPSC-
enforced requirements. 15 U.S.C. 2063(a). A final rule would subject
gas furnaces and boilers to this requirement.
XVII. Promulgation of a Final Rule
Section 9(d)(1) of the CPSA requires the Commission to promulgate a
final consumer product safety rule within 60 days of publishing a
proposed rule. Otherwise, the Commission must withdraw the proposed
rule if it determines that the rule is not reasonably necessary to
eliminate or reduce an unreasonable risk of injury associated with the
product or is not in the public interest. However, the Commission can
extend the 60-day period, for good cause shown, if it publishes the
reasons for doing so in the Federal Register. 15 U.S.C. 2058(d)(1).
The Commission finds that there is good cause to extend the 60-day
period for this rulemaking. Under both the APA and the CPSA, the
Commission must provide an opportunity for interested parties to submit
written comments on a proposed rule. 5 U.S.C. 553; 15 U.S.C.
2058(d)(2). The Commission is providing 60 days for interested parties
to submit written comments. A shorter comment period may limit the
quality and utility of information CPSC receives, particularly for
areas where it seeks data and other detailed information that may take
time for commenters to compile. Additionally, the CPSA requires the
Commission to provide interested parties with an opportunity to make
oral presentations of data, views, or arguments. 15 U.S.C. 2058. This
may require time for the Commission to arrange a public meeting for
this purpose and provide notice to interested parties in advance of
that meeting. After receiving written and oral comments, CPSC staff
must have time to review and evaluate those comments.
These factors make it impractical for the Commission to issue a
final rule within 60 days of this proposed rule. Accordingly, the
Commission finds that there is good cause to extend the 60-day period
for promulgating the final rule after publication of the proposed rule.
XVIII. Request for Comments
We invite all interested persons to submit comments on all aspects
of the proposed rule. The Commission particularly seeks comment on the
following items:
the CO concentration and associated time thresholds in the
proposed performance requirements;
the proposed fail safe provisions in the performance
requirement;
the efficacy of the proposed fail safe provisions and
whether there is a more appropriate approach to address fail safe;
should the proposed performance requirement include an
audible alarm notification requirement that indicates when a gas
furnace or boiler exceeds the proposed CO limits or when a CO sensor is
no longer working properly;
effort required to obtain sensors and information on
sensors including the lifespan;
effort required to redesign control systems;
effort required to test prototypes;
effort required to bring re-engineered appliances to
production;
costs associated with an effective date six months after
publication of the rule;
costs associated with an effective date 30 days after
publication of the rule;
costs associated with shipping and inventory of gas
furnaces and boilers;
costs associated with manufacturing gas furnaces and
boilers, along with a description of the process including the timing
and whether any firms have seasonal production;
under the proposed stockpiling provision should zero-
production months be averaged in to maintain a roughly constant level
of supply for a seasonally produced product to avoid dramatic
stockpiling if the manufacturer converted to constant production;
effort required to incorporate sensors and/or combustion
control systems in production;
data or information on research and development and
modifications to the production process the proposed rule would impose
on manufacturers;
data or information on price elasticity for gas furnaces
or boilers;
additional manufacturers and importers of gas furnaces and
boilers that may meet the Small Business Administration (SBA)
definition of a small business;
information on importers of gas furnaces and gas boilers,
specifically:
[cir] how many are imported;
[cir] how many different models each importer sells; and
[cir] what technologies those models are currently using
(atmospheric venting, condensing, non-condensing, premix power burners,
etc.); and
information regarding the degree to which supplying firms
are able to pass on increases in production and regulatory costs to
importers.
XIX. Notice of Opportunity for Oral Presentation
Section 9 of the CPSA requires the Commission to provide interested
parties ``an opportunity for the oral presentation of data, views, or
arguments.'' 15 U.S.C. 2058(d)(2). The Commission must keep a
transcript of such oral presentations. Id. Any person interested in
making an oral presentation must contact the Commission, as described
under the DATES and ADDRESSES section of this notice.
List of Subjects in 16 CFR Part 1408
Administrative practice and procedure, Consumer protection,
Incorporation by reference, Gas furnaces and boilers.
[[Page 73290]]
0
For the reasons discussed in the preamble, the Commission proposes to
amend Title 16 of the Code of Federal Regulations by adding a new part
to read as follows:
PART 1408--SAFETY STANDARD FOR RESIDENTAL GAS FURNACES AND BOILERS
Sec.
1408.1 Scope, purpose, and effective date.
1408.2 Definitions.
1408.3 Performance requirements for residential gas furnaces and
boilers.
1408.4 Incorporation by reference.
1408.5 Prohibited stockpiling.
Appendix A--Preliminary Findings Under the Consumer Product Safety
Act
Authority: 15 U.S.C. 2056, 15 U.S.C. 2058, and 5 U.S.C. 553.
Sec. 1408.1 Scope, purpose, and effective date.
This part establishes performance requirements for residential gas
furnaces, boilers, and wall and floor furnaces (gas furnaces and
boilers) that are consumer products used to heat dwellings, including
but not limited to, single family homes, townhomes, condominiums, and
multifamily dwellings, as well as multi-family buildings such as
apartments and condominiums. The purpose of these requirements is to
reduce the occurrence of carbon monoxide-related deaths, injuries, and
exposures associated with gas furnaces and boilers. All residential gas
furnaces and boilers manufactured after [DATE 18 MONTHS AFTER
PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER] must meet the
requirements of this part.
Sec. 1408.2 Definitions.
Gas Central Furnace means a gas-burning appliance that heats air by
the transfer of heat of combustion through a heat exchanger and
supplies heated air through ducts to spaces remote from or adjacent to
the appliance location.
Gas Floor Furnace means a furnace suspended between the floor
joists of the space being heated. A floor furnace provides direct
heating of the room in which it is located and to adjacent rooms.
Gas Steam and Hot Water Boiler means a gas burning appliance that
heats steam at a pressure not exceeding 15 psi (100 kPa), or hot water
at a pressure not exceeding 160 psi (1100 kPa) and at a temperature not
exceeding 250 [deg]F (121 [deg]C). The heated steam or water is pumped
to spaces remote from or adjacent to the appliance location through
piping to radiators, where the heat of combustion is transferred to
heat the air around the radiator.
Gas Wall Furnace means a gas appliance installed within a wall that
provides heated air directly to the room in which it is installed and
to adjacent rooms through grilles.
Sec. 1408.3 Performance requirements for residential gas furnaces and
boilers.
(a) General. All residential vented gas furnaces, boilers, wall
furnaces, and floor furnaces must have a means to either directly or
indirectly monitor the concentration of carbon monoxide (CO) produced
during the combustion process (i.e., ``CO emissions''), and shut down
or modulate combustion to reduce average CO concentrations to below the
CO levels for the durations of time specified in paragraph (b) of this
section. If the average CO emissions reach or exceed the CO limits and
time durations specified in paragraph (b), then the gas furnace or
boiler must either shut down or modulate combustion to reduce average
CO emissions to below 150 ppm. If average CO levels range between 200
and 299 ppm for 50 minutes, then the gas furnace or boiler must either
shut down or modulate combustion to reduce average CO emissions to
below 150 ppm. If average CO levels range between 300 and 399 ppm for
40 minutes, then the gas furnace or boiler must either shut down or
modulate combustion to reduce average CO emissions to below 150 ppm. If
average CO levels range between 400 and 499 ppm for 30 minutes, then
the gas furnace or boiler must either shut down or modulate combustion
to reduce average CO emissions to below 150 ppm. If average CO levels
range from 500 ppm or higher for 15 minutes, then the gas furnace or
boiler must either shut down or modulate combustion to reduce average
CO emissions to below 150 ppm. Indirect monitoring and control of CO
emissions can be accomplished by monitoring and controlling other
combustion parameter(s) that accurately correlate to the production of
CO. Examples of parameters that can serve as a proxy for CO production
include carbon dioxide (CO2), oxygen (O2), the
Gas/Air Ratio, and the flame ionization current produced by the burner
flame.
(b) Performance requirements for gas furnaces and boilers. A gas
furnace, boiler, wall furnace, or floor furnace must be equipped with a
means to continuously monitor CO emission and must meet the
requirements using one of the methods described in either paragraph
(b)(1)(i) or paragraph (b)(2)(i) for the multipoint method or paragraph
(b)(1)(ii) or (b)(2)(ii) for the single point method of this section
when tested using the test method described in paragraph (d) of this
section.
(1) Direct means to monitor CO emissions. (i) Multipoint method. A
gas furnace, boiler, wall furnace, or floor furnace equipped with a
means to directly monitor CO emissions, must either cause shut down of
the gas furnace or boiler or cause modulation of the gas furnace or
boiler combustion, in response to the following conditions within the
gas furnace or boiler:
(A) average CO concentration is 500 ppm or higher for 15 minutes;
(B) average CO concentration between 400 ppm and 499 ppm for 30
minutes;
(C) average CO concentration between 300 ppm and 399 ppm for 40
minutes;
(D) average CO concentration between 200 ppm and 299 ppm for 50
minutes;
(E) average CO concentration between 150 and 199 ppm for 60
minutes.
(ii) Single point method. A manufacturer may use the single point
method instead of the multipoint method described in paragraph
(b)(1)(i) for a gas furnace, boiler, wall furnace, or floor furnace
equipped with a means to directly monitor CO emissions; which must
either cause shut down of the gas furnace or boiler or cause modulation
of the gas furnace or boiler combustion, in response to the following
conditions within the gas furnace or boiler:
(A) Average CO concentration of 150 ppm or higher for 15 minutes.
Shutdown or modulation of the gas furnace or boiler must begin
immediately after any of the conditions described in paragraphs
(b)(1)(i)(A) through (E) are reached or the alternative condition
described in paragraph (b)(1)(ii)(A) is reached. After modulation
begins, the CO concentration within the gas furnace or boiler must be
reduced to below 150 ppm within 15 minutes.
(B) [Reserved]
(2) Indirect means to monitor CO emissions. (i) Multipoint method.
A gas furnace, boiler, wall furnace, or floor furnace equipped with an
indirect means to monitor CO emissions, must either cause shut down of
the gas furnace or boiler or cause modulation of combustion of the gas
furnace or boiler, each in response to the combustion conditions that
correlate to the following conditions within the gas furnace or boiler:
(A) average CO concentration is 500 ppm or higher for 15 minutes;
(B) average CO concentration between 400 ppm and 499 ppm for 30
minutes;
(C) average CO concentration between 300 ppm and 399 ppm for 40
minutes;
(D) average CO concentration between 200 ppm and 299 ppm for 50
minutes;
[[Page 73291]]
(E) average CO concentration between 150 and 199 ppm for 60
minutes.
(ii) Single Point method. A manufacturer may use the single point
method instead of the multipoint method described in paragraph
(b)(2)(i) for a gas furnace, boiler, wall furnace, or floor furnace
equipped with a means to indirectly monitor CO emissions, which must
either cause shut down of the gas furnace or boiler or cause modulation
of combustion within the gas furnace or boiler, in response to the
following condition within the gas furnace or boiler:
(A) Average CO concentration of 150 ppm or higher for 15 minutes.
Shutdown or modulation of the gas furnace or boiler must begin
immediately after any of the conditions described in paragraphs
(b)(2)(i)(A) through (E) are reached or the alternative condition
described in paragraph (b)(2)(ii)(A) is reached. After modulation
begins, the CO concentration within the gas furnace or boiler must be
reduced to below 150 ppm within 15 minutes.
(B) [Reserved]
(3) Fail Safe. During the life of the gas furnace or boiler, if a
CO sensor, combustion sensor, combustion control system, or other
device designed to meet these requirements fails to operate properly or
at all, then the gas furnace or boiler must shutdown and restart after
15 minutes and repeat this cycle until the failed component is
replaced. Consumers and service technicians must be notified of device
failure by either a flashing light or other appropriate code on the gas
furnace or boiler control board that corresponds to the device failure.
(c) Test Configuration. Gas furnace or boilers must be configured
in the following manner for testing. Gas Furnaces, boilers, wall
furnaces, and floor furnaces must each be set up with the burner and
primary air adjusted in accordance with the provisions of the
Combustion sections of the respective voluntary standards (section
5.8.1 of ANSI Z21.47-2021 for gas furnaces; section 5.5.1 of ANSI
Z21.13-2022 for gas boilers; and sections 9.3.1, 11.2.1, and 13.3.1, of
ANSI Z21.86-2016 for gas wall and floor furnaces). These tests must be
conducted in an atmosphere having normal oxygen supply of approximately
20.94 percent. Burner and primary air adjustments must be made for
furnaces, boilers, wall furnaces, and floor furnaces in accordance with
the provisions of each respective standard (section 5.5.4 of ANSI
Z21.47-2021 for gas furnaces; section 5.3.1 of ANSI Z21.13-2022 for gas
boilers; and section 2.3.4 of ANSI Z21.86-16 for gas wall and floor
furnaces). After adjustment, and with all parts of the furnace, boiler,
wall furnace, or floor furnace at room temperature, the pilot(s), if
provided, must be placed in operation and allowed to operate for a
period of five minutes. The main burner(s) must then be placed in
operation and the gas furnace or boiler operated for three minutes at
normal inlet test pressure at which time a sample of the flue gases
must be secured. Immediately upon securing the sample at normal inlet
test pressure, the reduced inlet test pressure (section 5.5.1 of ANSI
Z21.47:2021; section 5.3.1 of ANSI Z21.13-2022; and section 2.3.1 of
ANSI Z21.86-16) must be applied and, following a purge period of at
least two minutes, another sample of the flue gases must be secured.
For atmospheric burner units, samples must be secured at a point
preceding the inlet to the unit's draft hood or flue outlet where
uniform samples can be obtained. The flue gas sample must be analyzed
for carbon dioxide and carbon monoxide. The average concentration of
carbon monoxide for the flue gas samples must not exceed 150 ppm in a
sample of flue gases after 15 minutes.
(d)(1) Test Procedure. To test a furnace, boiler, wall furnace, or
floor furnace to the performance requirements specified in paragraph
(b) of this section, induce the production of CO or related combustion
parameters, one or a combination of the following methods must be used:
(i) Progressively increase the gas control valve's outlet pressure
until the unit produces a CO concentration of approximately 150 ppm
10 ppm CO. For natural gas units, use a propane conversion
kit to achieve the desired CO concentration if this was not
accomplished by increasing the gas valve's outlet pressure. For propane
units, use either option in paragraph (b)(2)(i)(B) or (C). If neither
option results in a CO concentration of approximately 150 ppm, then use
both options in paragraphs (b)(3)(i)(B) and (C). Once a CO
concentration of at least 150 ppm is achieved, that condition must be
maintained for 15 minutes.
(ii) Progressively block the exhaust vent or flue outlet until the
unit produces approximately 150 ppm 10 ppm CO. Disable the
unit's blocked vent shutoff switch (BVSS) if necessary, in order to
achieve the desired CO concentration. Once a CO concentration of
approximately 150 ppm is achieved, that condition must be maintained
for 15 minutes.
(iii) Reduce the fan speed of the inducer motor or premix power
burner (for induced draft or premix power burner units only) by
reducing the supply voltage to 85 percent of the gas furnace or boiler
rating plate voltage until the unit produces a CO concentration of
approximately 150 ppm 10 ppm CO. An additional combustion
sample must be secured with the gas furnace or boiler operating at
normal inlet test pressure and with the supply voltage reduced to 85
percent of the gas furnace or boiler rating plate voltage. This sample
must be secured 15 minutes after the furnace has operated at the
reduced voltage. The input rating may vary from normal as a result of
the voltage reduction. Once a CO concentration of approximately 150 ppm
is achieved, that condition must be maintained for 15 minutes.
For gas furnaces and boilers that employ modulation (e.g., using a
Gas/Air Ratio Controller, an automatic step-rate control, or automatic
modulating controls, etc.) the unit must immediately begin modulation
to reduce the CO concentration to below 150 ppm. For gas furnaces and
boilers that do not employ modulation, the unit must shut down.
(2) Time for shutoff using multipoint method or modulation. The
time for the gas to the main burner(s) to be shut off or begin
modulation by the device used to directly or indirectly monitor CO
emissions must be:
(i) After 15 minutes at an average CO concentration of 500 ppm or
more.
(ii) After 30 minutes at an average CO concentration of 400-499
ppm.
(iii) After 40 minutes at an average CO concentration of 300-399
ppm.
(iv) After 50 minutes at an average CO concentration of 200-299
ppm.
(v) After 60 minutes at an average CO concentration of 150-199 ppm.
(3) Time for shutoff using single point method or modulation. A
manufacturer, instead of using the multipoint method describe in
paragraph (d)(2) may use the following single point conditions and time
to shut off the gas furnace or boiler or begin modulation in response
to the following condition within the gas furnace or boiler:
(i) Average CO concentration of 150 ppm or higher for 15 minutes.
Shutdown or modulation of the appliance shall begin immediately after
any of the conditions described in paragraph (d)(2) is reached. After
modulation begins, the CO concentration within the appliance shall be
reduced to below 150 ppm within 15 minutes.
(ii) [Reserved]
Sec. 1408.4 Incorporation by reference.
Certain material is incorporated by reference into this part with
the
[[Page 73292]]
approval of the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at the Consumer
Product Safety Commission and at the National Archives and Records
Administration (NARA). Contact the U.S. Consumer Product Safety
Commission at: Office of the Secretary, U.S. Consumer Product Safety
Commission, 4330 East-West Highway, Bethesda, MD 20814; telephone (301)
504-7479; email [email protected]. For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/CFR/IBR-locations.html or email [email protected]. The following
material may be obtained from the Canadian Standards Association, 8501
East Pleasant Valley Road, Independence, OH 44131-5516: 1-800-463-6727;
www.csagroup.org/store/:
(a) ANSI Z21.13-2022, Standard: Gas-fired low-pressure steam and
hot water boilers, published August 2022.
(b) ANSI Z21.47-2021, Standard: Gas-fired central furnaces,
published May 2021.
(c) ANSI Z21.86-2016, Standard: Vented gas-fired space heating
appliances, published January 2017.
Sec. 1408.5 Prohibited stockpiling.
(a) Prohibited acts. Manufacturers and importers of gas furnaces,
boilers, wall furnaces, and floor furnaces shall not manufacture or
import products that do not comply with the requirements of this part
between [DATE OF PUBLICATION OF FINAL RULE] and [EFFECTIVE DATE OF
FINAL RULE] at a rate greater than 106 percent of the base period in
the first 12 months after promulgation of the rule, and 112.50 percent
of the base period for the remaining six months until the effective
date for the rule.
(b) Base period. The base period for gas furnaces, boilers, wall
furnaces, and floor furnaces is the calendar month with the median
manufacturing or import volume within the last 13 months immediately
preceding the month of promulgation of the final rule.
Appendix A to Part 1408--Preliminary Findings Under the Consumer
Product Safety Act
The Consumer Product Safety Act requires that the Commission, in
order to issue a standard, make the following findings and include
them in the rule. 15 U.S.C. 2058(f)(3).
A. Degree and Nature of the Risk of Injury
The Commission proposes this rule to reduce the risk of death
and injury associated with CO production and leakage from
residential gas furnaces, boilers, wall furnaces, and floor
furnaces. Between 2017 to 2019 (the most recent period for which
data are complete), there were annually an estimated 21 CO deaths
associated with residential gas furnaces and boilers. For the 20-
year period 2000 through 2019, these products were associated with a
total of 539 CO deaths. Between the years 2014 and 2018, 236
nonfatal injuries were reported through the National Electronic
Injury Surveillance System (NEISS) related to CO leakages from gas
furnaces and boilers. Staff used NEISS incidents and the Injury Cost
Model to extrapolate and generate national estimates for injuries
from CO leakages from gas furnaces and boilers with 30,587 nonfatal
injuries from CO leakages from 2014 to 2018.
B. Number of Consumer Products Subject to the Rule
An estimated 70 firms manufacturer residential gas furnaces and
boilers. When accounting for subsidiaries and multiple brands
provided by the same company, 20 parent manufacturers have been
identified. In 2020, there was an estimated 60.94 million total
number of residential gas furnaces and boilers in use. In 2021
residential gas furnace sales were estimated to be 3.58 million
units, and 0.30 million units for gas boilers.
C. Need of the Public for the Products and Probable Effect on Utility,
Cost, and Availability of the Product
(1) Residential gas furnaces and boilers are fueled by natural
gas or propane (gas) and are used to heat all categories of
residential dwellings, including single family homes, townhomes,
condominiums, and multifamily dwellings, as well as small-to medium-
sized commercial dwellings. Because the rule is a performance
standard that allows for the sale of compliant gas furnaces and
boilers, it is not expected to have an impact on the utility of the
product.
(2) The cost of compliance to address CO hazards include
increased variable costs of producing furnaces and boilers with CO
sensors and shutoff capabilities; one-time conversion costs of
redesigning and modifying factory operations for installing CO
sensors; increased maintenance costs of gas furnaces and boilers to
consumers, and deadweight loss in the market caused by the
increasing price due to regulation and the subsequent decline in
sales. Staff performed a 30-year prospective cost assessment (2025-
2054) on all four cost categories and estimated the total annualized
cost from the proposed rule to be $602.27 million, discounted at
three percent. Staff estimated the per-unit (of a gas furnace or
boiler) costs from the proposed rule to be $158.11, discounted at
three percent.
Dead weight loss refers to the lost producer and consumer
surplus from reduced quantities of gas furnaces and boilers sold and
used due to the rule-induced increases in manufacturer cost and
retail price. Producer surplus represents the difference between the
amount a producer is willing to sell a good or service for and the
price they actually receive. Consumer surplus represents the benefit
that consumers receive from purchasing a good or service at a price
that is lower than their willingness to pay. For those units no
longer produced due to the rule, suppliers lose out on the producer
surplus associated with those units, and consumers lose out on the
consumer surplus associated with those units.
In the first year, producer manufacturing costs are expected to
increase by $22.08 per gas furnace causing a $70.44 per unit in
higher retail costs to the consumer in the form of higher retail
prices. Gas boiler manufacturing costs are expected to increase by
$26.54 per unit causing an $87.59 in higher retail costs to the
consumer. The resultant decrease in the number of gas furnaces and
boilers sold and used is expected to generate a dead weight loss of
about $1 million per year nationwide.
(3) Staff does not expect that the availability of gas furnaces
and boilers will be substantially impacted by the rule. Staff
estimates baseline (status quo) sales of 3.96 million units of gas
furnaces and boilers in 2025 which in the absence of the rule, would
grow to 4.72 million by 2054. With the promulgation of the rule
staff expects gas furnace and boiler sales of 3.92 million units in
2025 would grow to 4.69 million units by 2054.
D. Any Means To Achieve the Objective of the Rule, While Minimizing
Adverse Effects on Competition and Manufacturing
(1) The rule reduces CO hazards associated with residential gas
furnaces and boilers while minimizing the effect on competition and
manufacturing. Manufacturers can transfer some, or all, of the
increased production cost to consumers through price increases. At
the margins, some producers may exit the market because their
increased marginal costs now exceed the increase in market price.
Likewise, a very small fraction of consumers may be excluded from
the market if the increased market price exceeds their personal
price threshold for purchasing a gas furnace or boiler. However, the
Commission did not find any information or assessment that would
suggest significant changes to market competition or composition.
(2) The Commission considered alternatives to the rule to
minimize impacts on competition and manufacturing including: (1)
continuing to work and advocate for change through the voluntary
standards process; (2) relying on the use of residential CO alarms;
(3) continuing to conduct education and information campaigns; and
(4) relying on recalls. The Commission determines that none of these
alternatives would adequately reduce the risk of deaths and injuries
associated with the CO hazards presented by residential gas furnaces
and boilers.
E. The Rule (Including Its Effective Date) Is Reasonably Necessary To
Eliminate or Reduce an Unreasonable Risk of Injury
Between 2000 and December 2019, incident data show 539 fatal
incidents related to CO hazards associated with gas furnaces and
boilers. The incident data show that these incidents continue to
occur and are likely to increase because the existing ANSI voluntary
standards do not have requirements that would adequately reduce
[[Page 73293]]
the CO hazard presented by gas furnaces and boilers and the market
for gas furnaces and boilers is forecast to grow. The rule
establishes performance requirements to address the risk of CO
poisoning associated with residential gas furnaces and boilers. The
effective date provides a reasonable amount of time for
manufacturers to comply with the rule and produce products that
prevent the CO hazard. Given the deaths and injuries associated with
CO leakage from gas furnaces and boilers, the Commission finds that
the rule and its effective date are necessary to address the
unreasonable risk of injury associated with gas furnaces and
boilers.
F. Public Interest
The rule addresses an unreasonable risk of death and injuries
presented from CO hazards associated with gas furnaces and boilers.
Adherence to the requirements of the rule would reduce deaths and
injuries from CO poisoning associated with gas furnaces and boilers;
thus, the rule is in the public interest.
G. Voluntary Standards
If a voluntary standard addressing the risk of injury has been
adopted and implemented, then the Commission must find that the
voluntary standard is not likely to eliminate or adequately reduce
the risk of injury or substantial compliance with the voluntary
standard is unlikely. The Commission determines that the relevant
U.S. voluntary standards (ANSI Z21.13-2022, ANSI Z21.47-2021, and
ANSI Z21.86-2016) do not contain performance requirements to protect
against the known failure modes or conditions identified that have
been associated with the production and leakage of CO into living
spaces of U.S. residences resulting in numerous deaths and injuries,
and thus do not adequately address the hazard of CO exposure from
residential gas furnaces and boilers.
H. Reasonable Relationship of Benefits to Costs
The Commission determines the benefits expected from the rule
bear a reasonable relationship to its costs. The rule significantly
reduces the CO hazard associated with residential gas furnaces and
boilers, and thereby reduces the societal costs of the resulting
injuries and deaths. When costs are compared to benefits, the
estimated costs of the rule are greater than the estimated benefits.
Staff calculates net benefits (benefits less costs) to be -$245.74
million on annualized basis, discounted at three percent. The net
benefits on per-unit basis are -$64.51, discounted at three percent.
Alternatively, this can be described as the proposed rule being a
net cost of -64.51 per gas furnace or boiler, which represents
approximately three percent of the average price of a gas furnace or
boiler. Overall, the proposed rule has a benefit-cost ratio of 0.59;
in other words, for every $1 in cost of the proposed rule, there is
a return of $0.59 in benefits from mitigated deaths and injuries.
However, the rule is estimated to address 90-100 percent of deaths
caused by the CO hazard associated with gas furnaces and boilers,
resulting in potential total societal annualized benefits from the
rule of $356.52 million, discounted at three percent. Staff
conducted a sensitivity analysis that showed if by 2035
manufacturers were able to develop compliant gas furnaces and
boilers with CO sensors that did not need replacement, and if the
analysis took into account that a child's death is considered twice
as costly as an adult death, the benefit-cost ratio would increase
to 0.78.
I. Least-Burdensome Requirement That Would Adequately Reduce the Risk
of Injury
The Commission considered four alternatives to the proposed
rule: (1) continue to work and advocate for change through the
voluntary standards process; (2) rely on the use of residential CO
alarms; (3) continue to conduct education and information campaigns;
and (4) rely on recalls. Although these alternatives may be less
burdensome alternatives to the rule, the Commission determines that
none of the alternatives would adequately reduce the risk of deaths
and injuries associated with gas furnaces and boilers that is
addressed by the rule.
Elina Lingappa,
Paralegal Specialist, Consumer Product Safety Commission.
[FR Doc. 2023-23302 Filed 10-24-23; 8:45 am]
BILLING CODE 6355-01-P