94-32113. Energy Conservation Program for Consumer Products: Denial of Glowcore Corporation's Application for Interim Waiver and Publishing the Company's Petition for Waiver From the DOE Furnace Test Procedure.  

  • [Federal Register Volume 59, Number 249 (Thursday, December 29, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-32113]
    
    
    [[Page Unknown]]
    
    [Federal Register: December 29, 1994]
    
    
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    DEPARTMENT OF ENERGY
    Office of Energy Efficiency and Renewable Energy
    [Case No. F-076]
    
     
    
    Energy Conservation Program for Consumer Products: Denial of 
    Glowcore Corporation's Application for Interim Waiver and Publishing 
    the Company's Petition for Waiver From the DOE Furnace Test Procedure.
    
    AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
    Energy.
    
    ACTION: Notice.
    
    -----------------------------------------------------------------------
    
    SUMMARY: Today's notice publishes a letter denying an Interim Waiver to 
    GlowCore Corporation (GlowCore) from the existing Department of Energy 
    (DOE) test procedure regarding the measurement of hot water boiler 
    energy consumption for the company's GB series of condensing boilers.
        Today's notice also publishes a ``Petition for Waiver'' from 
    GlowCore. GlowCore's Petition for Waiver requests DOE to grant relief 
    from the DOE furnace test procedure relating to the measurement of hot 
    water boiler energy consumption. GlowCore states that because of a 
    special design feature on the heat exchanger, burner, and combustion 
    blower, its GB series of condensing hot water boilers can withstand the 
    corrosive effects of condensate, and can be operated at a hot water 
    return temperature of 80 deg.F, instead of the 120 deg.F specified in 
    the DOE Furnaces/Boilers Test procedure, resulting in an efficiency 
    improvement of 5 percent.
        DOE is soliciting comments, data, and information respecting the 
    Petition for Waiver.
    
    DATES: DOE will accept comments, data, and information not later than 
    January 30, 1995.
    
    ADDRESSES: Written comments and statements shall be sent to: Department 
    of Energy, Office of Energy Efficiency and Renewable Energy, Case No. 
    F-076, Mail Stop EE-43, Room 5E-066, Forrestal Building, 1000 
    Independence Avenue, S.W., Washington, DC 20585, (202) 586-7574.
    
    FOR FURTHER INFORMATION CONTACT: Cyrus H. Nasseri, U.S. Department of 
    Energy, Office of Energy Efficiency and Renewable Energy, Mail Station 
    EE-431, Forrestal Building, 1000 Independence Avenue, S.W., Washington, 
    DC 20585, (202) 586-9138.
    
    Eugene Margolis, Esq., U.S. Department of Energy, Office of General 
    Counsel, Mail Station GC-72, Forrestal Building, 1000 Independence 
    Avenue, S.W., Washington, DC 20585, (202) 586-9507.
    
    SUPPLEMENTARY INFORMATION: The Energy Conservation Program for Consumer 
    Products (other than automobiles) was established pursuant to the 
    Energy Policy and Conservation Act (EPCA), Public Law 94-163, 89 Stat. 
    917, as amended by the National Energy Conservation Policy Act (NECPA), 
    Public Law 95-619, 92 Stat. 3266, the National Appliance Energy 
    Conservation Act of 1987 (NAECA), Public Law 100-12, the National 
    Appliance Energy Conservation Amendments of 1988 (NAECA 1988), Public 
    Law 100-357, and the Energy Policy Act of 1992 (EPAct), Public Law 102-
    486, 106 Stat. 2776, which requires DOE to prescribe standardized test 
    procedures to measure the energy consumption of certain consumer 
    products, including furnaces. The intent of the test procedures is to 
    provide a comparable measure of energy consumption that will assist 
    consumers in making purchasing decisions. These test procedures appear 
    at 10 CFR Part 430, Subpart B.
        The Department amended the prescribed test procedures by adding 10 
    CFR 430.27 on September 26, 1980, creating the waiver process. 45 FR 
    64108. Thereafter, DOE further amended the appliance test procedure 
    waiver process to allow the Assistant Secretary for Energy Efficiency 
    and Renewable Energy (Assistant Secretary) to grant an Interim Waiver 
    from test procedure requirements to manufacturers that have petitioned 
    DOE for a waiver of such prescribed test procedures. 51 FR 42823, 
    November 26, 1986.
        The waiver process allows the Assistant Secretary to waive 
    temporarily, test procedures for a particular basic model when a 
    petitioner shows that the basic model contains one or more design 
    characteristics which prevent testing according to the prescribed test 
    procedures, or when the prescribed test procedures may evaluate the 
    basic model in a manner so unrepresentative of its true energy 
    consumption as to provide materially inaccurate comparative data. 
    Waivers generally remain in effect until final test procedure 
    amendments become effective, resolving the problem that is the subject 
    of the waiver.
        The Interim Waiver provisions added by the 1986 amendment allow the 
    Secretary to grant an Interim Waiver when it is determined that the 
    applicant will experience economic hardship if the Application for 
    Interim Waiver is denied, if it appears likely that the Petition for 
    Waiver will be granted, and/or the Assistant Secretary determines that 
    it would be desirable for public policy reasons to grant immediate 
    relief pending a determination on the Petition for Waiver. An Interim 
    Waiver remains in effect for a period of 180 days, or until DOE issues 
    its determination on the Petition for Waiver, whichever is sooner, and 
    may be extended for an additional 180 days, if necessary.
        On April 4, 1994, GlowCore filed an Application for Interim Waiver 
    regarding measurement of hot water boiler energy consumption. 
    GlowCore's application seeks an Interim Waiver from the DOE test 
    provisions that require a boiler return temperature of 120 deg.F. 
    Instead, GlowCore requests the allowance to test using 80 deg.F hot 
    water return temperature when testing its GB series of condensing 
    boilers. GlowCore states that the 80 deg.F return temperature fits 
    radiant in-floor heating systems that require less than 100 deg.F floor 
    temperatures and 80 deg.F return temperatures. Glowcore claims that the 
    120 deg.F specified by the DOE test procedure is too high for this 
    application. Glowcore claims that the return temperature of 80 deg.F 
    results in an efficiency improvement of approximately 5 percentage 
    points. Since the current DOE test procedure does not address a water 
    return temperature of 80 deg.F, GlowCore asks that the Interim Waiver 
    be granted.
        The Department's regulations allow for a manufacturer to receive an 
    interim waiver if it is determined that economic hardship will result, 
    it is likely that the Petition for Waiver will be granted, and/or it is 
    desirable from a public policy perspective. Based on the Department's 
    review of GlowCore's request, DOE believes that none of these 
    conditions exist. In its Application, Glowcore seeks an Interim Waiver 
    from the existing test procedure which requires a hot water boiler 
    return temperature of 120 deg.F. Glowcore did not provide sufficient 
    information for the Department to evaluate what, if any, economic 
    hardship the company will likely experience absent a favorable 
    determination on the Application. The company stated that the GB series 
    boilers can be listed with an asterisk with the higher AFUE when used 
    as sources for in-floor radiant heat, and other low temperature heat 
    usages at 80 deg.F return water temperatures. Based on this statement, 
    DOE cannot determine whether Glowcore will experience competitive 
    hardship if the Application is denied. Further, the Department cannot 
    state at this time the likelihood that the Petition for Waiver will be 
    granted based on the facts presented since this is a matter of first 
    impression. Also, there are no public policy reasons put forth by 
    applicant to cause DOE to grant immediate relief.
        Therefore, Glowcore's Application for an Interim Waiver regarding 
    return hot water temperature for its GB series of condensing boilers is 
    denied.
        Pursuant to paragraph (e) of Sec. 430.27 of the Code of Federal 
    Regulations Part 430, the following letter denying the Application for 
    Interim Waiver was sent to GlowCore.
        Pursuant to paragraph (b) of 10 CFR Part 430.27, DOE is hereby 
    publishing the ``Petition for Waiver'' in its entirety. The petition 
    contains no confidential information. DOE solicits comments, data, and 
    information respecting the petition. In particular, DOE is interested 
    in obtaining information on the following:
         The particular design feature of the heat exchanger, 
    burner, and combustion blower which allows Glowcore's GB series boilers 
    to operate at lower water temperatures (80 deg.F), and withstand the 
    corrosive effects of the condensate from the burning of natural and 
    L.P. gases;
         The particular market niche for this type of boiler.
    
        Issued in Washington, DC, on December 21, 1994.
    Christine A. Ervin,
    Assistant Secretary, Energy Efficiency and Renewable Energy.
    
    Department of Energy
    
    Washington, DC, December 21, 1994.
    
    Mr. Dave Lackstrom, Product Engineer, GlowCore Corporation, P.O. Box 
    360591, Cleveland, OH 44136-0010
    
        Dear Mr. Lackstrom: This is in response to your letter of April 
    4, 1994, regarding an Application for Interim Waiver, and Petition 
    for Waiver from the Department of Energy (DOE) test procedure 
    concerning measurement of hot water boiler energy consumption for 
    the GlowCore Corporation (GlowCore) GB series of condensing boilers.
        In the Application, GlowCore seeks an Interim Waiver from the 
    existing test procedure which requires a hot water boiler return 
    temperature of 120 deg.F. GlowCore did not provide sufficient 
    information for the Department to evaluate what, if any, economic 
    hardship it will likely experience absent a favorable determination 
    on the Application. The company stated that GB series boilers can be 
    listed with an asterisk with the higher AFUE when used as sources 
    for in-floor radiant heat, and other low temperature heat usages at 
    80 deg.F return water temperatures. Based on this statement, DOE 
    cannot determine whether GlowCore will experience competitive 
    hardship if the Application is denied. Further, the Department 
    cannot state at this time the likelihood that the Petition for 
    Waiver will be granted based on the facts presented since this is a 
    matter of first impression. Also, there are no public policy reason 
    put forth by GlowCore to cause DOE to grant immediate relief.
        Therefore, GlowCore's Application for an Interim Waiver 
    regarding return hot water temperature for its GB series of 
    condensing boilers is denied.
        Pursuant to paragraph (b) of 10 CFR Part 430.27, DOE will 
    publish the ``Petition for Waiver'' in the Federal Register, and 
    solicit comment, data, and information concerning the Petition. In 
    particular, DOE is interested in obtaining information on the 
    following:
         The particular design feature of the heat exchanger, 
    burner, and combustion blower which allows GlowCore's GB series 
    boilers to operate at lower water temperatures (80 deg.F), and 
    withstand the corrosive effects of the condensate from the burning 
    of natural and L.P. gases;
         The particular market niche for this type of boiler.
        Best regards,
    
    Christine A. Ervin, Assistant Secretary, Energy Efficiency and 
    Renewable Energy.
    
    GlowCore Corporation
    
    Cleveland OH, April 4, 1994.
    
    Assistant Secretary, Conservation & Renewable Energy, United States 
    Department of Energy, 1000 Independence Ave., S.W.; Washington, D.C. 
    20585
    
    SUBJECT: PETITION FOR WAIVER AND APPLICATION OF INTERIM WAIVER
    
        Gentlemen: This is a petition for waiver and application of 
    interim waiver submitted pursuant to Title CFR 430.27. Waiver is 
    requested from the test procedures for measuring hot water boiler 
    energy consumption.
        The current test procedures for condensing hot water boilers 
    states that the flow rate shall be adjusted to produce a water 
    temperature rise during the steady state test which is between 19.5 
    and 20.5 F. During the steady state and heat up tests, the 
    condensing boiler shall be supplied with return water having a 
    temperature of 120 F. The maximum permissible variation of the 
    return water temperature from the required value during the steady 
    state and heat up tests shall not exceed plus or minus 2 F., except 
    during the first 30 seconds after start up when it shall not exceed 
    plus or minus 10 F., and between 30 and 60 seconds after start up it 
    shall not exceed plus or minus 5 F. (8.4.2.3.2 of ANSI 103-1988).
        GlowCore's GB series boilers are class IV, Condensing, Direct 
    Vent, with Forced Air Combustion. They produce low NOx values 
    and high efficiencies. Many years of development time and money was 
    required so all components of the heat exchanger, burner, and 
    combustion blowers can withstand the corrosive effects of the 
    condensate from the burning of Natural and L.P. gasses. These 
    boilers can operate at the lower water temperatures that would 
    destroy typical cast iron, steel, or cooper heat exchangers and 
    combustion chambers.
        These boilers therefore have a particular niche application for 
    radiant in-floor heating systems that require less than 100 F. floor 
    temperatures with 80 F. return water temperature. The test specified 
    120 F. return water temperature is too high for this application. 
    All other types of boiler construction must use thermal by-passes to 
    insure that their heat exchangers do not condense and corrode.
        We petition that our GB series boilers can be listed with an 
    asterisk with the higher AFUE, when used a sources for in-floor 
    radiant heat and other low temperature heat usages at 80 F. return 
    water temperatures.
        An Engineering Report No. 109-ANSI-ASHRAE/103-1988 was prepared 
    for us by AGA Laboratories, Cleveland, Ohio 44136, with 80 F. return 
    water temperatures. It was determined that 80 F. return water 
    temperature increases the efficiency approximately 5% from that of 
    120 F. return water. Report enclosed.
        Sincerely,
    
    Dave Lackstrom, Product Engineer, GlowCore Corporation
    
        Enclosure.
    
    [FR Doc. 94-32113 Filed 12-28-94; 8:45 am]
    BILLING CODE 6450-01-P
    
    
    

Document Information

Published:
12/29/1994
Department:
Energy Efficiency and Renewable Energy Office
Entry Type:
Uncategorized Document
Action:
Notice.
Document Number:
94-32113
Dates:
DOE will accept comments, data, and information not later than January 30, 1995.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: December 29, 1994, Case No. F-076