DOE Issues Official Federal Register Notice of Proposed Rulemaking (NOPR) for Consumer Water Heaters.

Last week we reported on the DOE prepublication of notice of proposed rulemaking (NOPR) pertaining to energy conservation standards for consumer (residential gas, electric and oil) water heaters. Today, DOE published the official Federal Register NOPR that provides the specific time table for comments and information for registering for the webinar scheduled for September 13, 2023.  Interested persons and organizations can submit comments identified by docket number EERE–2017–BT–STD-0019, by email ([email protected]), Federal eRulemaking portal (http://www.regulations.gov) and DOE will accept comments, data, and information regarding this NOPR until September 26, 2023.

·       DOE will hold a webinar on Wednesday, September 13, 2023 from 1:00 p.m.  to 4:00 p.m.

As reported in last week’s update, AGA staff did very preliminary review and it appears that for residential gas storage heaters, the minimum efficiency level for the most popular sizes from 20 gallon to 55 gallon would not require condensing technology. However, there is a concern that the proposed level would reduce the vent temperatures that could result in excessive condensation developing in the vent that could result in venting problems. In addition, we note that to meet the energy efficiency requirement, DOE is suggesting that the levels can be met with increasing insulation by one inch on the sides and one inch on the top and the addition of a thermal flue damper or with the electronic ignition (no standing pilot light) and an electronic flue damper. This last combination would require electric supply to the gas, storage water heater.  We are reviewing the levels being proposed to obtain technical data to help ensure that the levels proposed by DOE do not result with problems in gas water heater vents in field installations and that gas storage water heater will still be available without the need of an external, electric supply (off the electric grid). This is particularly important for low-income consumers who would be faced with the additional cost of providing an electric outlet for the gas storage water heater in a replacement situation.   For the most popular sizes for gas instantaneous water heaters, less than 2 gallon and greater than 50,000 Btu/hour, DOE is proposing an efficiency level that requires condensing technology. This level would eliminate the manufacturing of any instantaneous gas water heaters that are non-condensing and that can be common vented with other non-condensing gas appliances such as gas furnaces. There are also concerns and questions on a new product class of gas instantaneous water heater with tank sizes of 2 gallons and more and inputs of less than 200,000 BTU/hr.     Finally, for the most popular electric storage water heaters, tank sizes from 20 gallon to 120 gallon, to meet the proposed efficiency level, heat pump technology would be required. Note that there are a number of other types of water heaters listed in the pre-publication and there is a need for a review those water heater types and sizes, as well as all of the technical and economic justification for the proposal and BECS Committee members are requested to review the proposal and provide us with feedback on the levels included in the NOPR as soon as possible.  

DOE Issues a Final Rule Pertaining to Standards for Commercial Water Heating Equipment Requires Condensing Technology for Gas-fired Commercial Water Heaters.

Also today, DOE issued a pre-publication Federal Register final rule pertaining to energy conservation standards for commercial water heating (CWH). In this final rule, DOE is adopting amended standards for CWH equipment and is requiring gas-fired storage water heaters and storage-type instantaneous water heaters to have a 95% thermal efficiency (condensing) and 96% thermal efficiency for gas-fired instantaneous water heaters and hot water supply boilers except storage-type instantaneous water heaters. Note that effective date of this rule is 60 days after the notice has been published in the Federal Register and the actual effective date for requiring all gas commercial water heaters manufactured to meet these minimum efficiency requirements would be 3 years after its published in the Federal Register. DOE will send a follow-up e-mail once the notice publishes to announce the effective date. Since this is a final rule, options to obtain modifications to these minimum efficiency requirements will need to consider outside the DOE normal regulatory process.  

DOE Issues a Pre-Publication NOPR and Public Meeting Pertaining to Standards for Consumer Boilers – Proposes 95 % AFUE for Gas -fired Boilers.

Also today, DOE issued a pre-publication Federal Register notice of proposed rulemaking (NOPR) pertaining to energy conservation standards for consumer boilers.. In this NOPR, DOE proposes amended standards for consumer boilers, and also announces a public meeting to receive comment on these proposed standards and associated analyses and results. For consumer (residential) gas-fired boilers, DOE is proposing a 95% AFUE minimum efficiency requirement and for gas-fired steam boilers, an 82% AFUE minimum efficiency requirement. DOE is proposing a slight increase for consumer oil boilers and no increase for consumer electric boilers. DOE will accept comments, data, and information regarding this NOPR until 60 days after date of publication in the Federal Register. DOE will send a follow-up e-mail once the notice publishes to announce the closing date of the comment period. Comments can be submitted to  docket number EERE–2019–BT– STD-0036, by email ([email protected]), Federal eRulemaking portal (http://www.regulations.gov). DOE will hold a webinar on Tuesday, September 12, 2023 from 1:00 p.m. to 4:00 p.m. Click here to register for the webinar.  Additional webinar registration information, participant instructions, and information about the capabilities available to webinar participants will be published on DOE’s website: https://energy.gov/eere/buildings/public-meetings-and-comment-deadlines .You can find product information for Consumer Boilers including current standards and test procedures, statutory authority, waivers, exceptions and contact information.

State Codes Activity Update.

Attached is a weekly feature of the “Friday Update” covering state code calendar activities as presented by the online utility “Fiscal Note,” which is sponsored by APGA and AGA Code and Standards. Please review the update and determine if there are state code activities that impact your service territory or organization.