Energy Conservation Program: Energy Conservation Standards for Residential Clothes Dryers and Room Air Conditioners

Federal RegisterApr 21, 2011

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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket Number EERE-2007-BT-STD-0010]

RIN 1904-AA89

Energy Conservation Program: Energy Conservation Standards for Residential Clothes Dryers and Room Air Conditioners

AGENCY:

Office of Energy Efficiency and Renewable Energy, Department of Energy.

ACTION:

Direct final rule.

SUMMARY:

The Energy Policy and Conservation Act (EPCA) prescribes energy conservation standards for various consumer products and commercial and industrial equipment, including residential clothes dryers and room air conditioners. EPCA also requires the U.S. Department of Energy (DOE) to determine if amended standards for these products are technologically feasible and economically justified, and would save a significant amount of energy. In this direct final rule, DOE adopts amended energy conservation standards for residential clothes dryers and room air conditioners. A notice of proposed rulemaking that proposes identical energy efficiency standards is published elsewhere in today's

Federal Register

. If DOE receives adverse comment and determines that such comment may provide a reasonable basis for withdrawing the direct final rule, this final rule will be withdrawn and DOE will proceed with the proposed rule.

DATES:

The final rule is effective on August 19, 2011 unless adverse comment is received by August 9, 2011. If adverse comments are received that DOE determines may provide a reasonable basis for withdrawal of the final rule, a timely withdrawal of this rule will be published in the

Federal Register

. If no such adverse comments are received, compliance with the standards in this final rule will be required on April 21, 2014.

ADDRESSES:

Any comments submitted must identify the direct final rule for Energy Conservation Standards for Residential Clothes Dryers and Room Air Conditioners, and provide docket number EERE-2007-BT-STD-0010 and/or regulatory information number (RIN) number 1904-AA89. Comments may be submitted using any of the following methods:

Federal eRulemaking Portal: http://www.regulations.gov.

Follow the instructions for submitting comments.

E-mail: home_appliance2.rulemaking@ee.doe.gov.

Include the docket number and/or RIN in the subject line of the message.

Mail:

Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, Mailstop EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585-0121. If possible, please submit all items on a CD. It is not necessary to include printed copies.

Hand Delivery/Courier:

Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, 950 L'Enfant Plaza, SW., Suite 600, Washington, DC 20024.

Telephone:

(202) 586-2945. If possible, please submit all items on a CD. It is not necessary to include printed copies.

For detailed instructions on submitting comments and additional information on the rulemaking process,

see

section VII of this document (Public Participation).

Docket:

The docket is available for review at regulations.gov, including

Federal Register

notices, framework documents, public meeting attendee lists and transcripts, comments, and other supporting documents/materials. All documents in the docket are listed in the regulations.gov index. Not all documents listed in the index may be publicly available, such as information that is exempt from public disclosure. A link to the docket web page can be found at

http://www.regulations.gov

For further information on how to submit or review public comments or view hard copies of the docket in the Resource Room, contact Ms. Brenda Edwards at (202) 586-2945 or

e-mail:

Brenda.Edwards@ee.doe.gov

FOR FURTHER INFORMATION CONTACT:

Stephen L. Witkowski, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-7463,

e-mail:

stephen.witkowski@ee.doe.gov

Ms. Elizabeth Kohl, U.S. Department of Energy, Office of General Counsel, GC-71, 1000 Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-7796,

e-mail:

Elizabeth.Kohl@hq.doe.gov

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Summary of the Direct Final Rule

A. The Energy Conservation Standard Levels

B. Benefits and Costs to Consumerss

C. Impact on Manufacturers

D. National Benefits

E. Conclusion

II. Introduction

A. Authority

B. Background

1. Current Standards

2. History of Standards Rulemaking for Residential Clothes Dryers and Room Air Conditioners

3. Consensus Agreement for Residential Clothes Dryers and Room Air Conditioners

III. General Discussion

A. Test Procedures

1. Clothes Dryer Test Procedure

a. Standby Mode and Off Mode

b. Automatic Cycle Termination

c. Ventless Clothes Dryers

d. Consumer Usage Habits

e. Drum Capacity Measurement

f. HVAC Effects

g. Efficiency Metric

2. Room Air Conditioner Test Procedure

a. Standby Mode and Off Mode

b. Active Mode Referenced Standards

c. Annual Active Mode Hours

d. Part-Load Operation

e. Distribution of Air

3. Effects of Test Procedure Revisions on the Measured Efficiency

a. Clothes Dryers

b. Room Air Conditioners

B. Technological Feasibility

1. General

2. Maximum Technologically Feasible Levels

a. Clothes Dryers

b. Room Air Conditioners

c. Available Max-Tech Products With Higher EER Ratings

d. Consideration of Conversion to R-410A Refrigerant in Max-Tech Selections

C. Energy Savings

1. Determination of Savings

2. Significance of Savings

D. Economic Justification

1. Specific Criteria

a. Economic Impact on Manufacturers and Consumers

b. Life-Cycle Costs

c. Energy Savings

d. Lessening of Utility or Performance of Products

e. Impact of Any Lessening of Competition

f. Need for National Energy Conservation

g. Other Factors

2. Rebuttable Presumption

IV. Methodology and Discussion

A. Market and Technology Assessment

1. General

2. Products Included in This Rulemaking

a. Clothes Dryers

b. Room Air Conditioners

3. Product Classes

a. Clothes Dryers

b. Room Air Conditioners

4. Non-Regulatory Programs

5. Technology Options

a. Clothes Dryers

b. Room Air Conditioners

B. Screening Analysis

1. Clothes Dryers

2. Room Air Conditioners

C. Engineering Analysis

1. Technologies Not Analyzed

a. Clothes Dryers

b. Room Air Conditioners

2. Efficiency Levels and Cost-Efficiency Results

a. Clothes Dryers

b. Room Air Conditioners

D. Markups Analysis

E. Energy Use Analysis

1. Clothes Dryers

2. Room Air Conditioners

F. Life-Cycle Cost and Payback Period Analyses

1. Product Cost

2. Installation Cost

3. Annual Energy Consumption

4. Energy Prices

5. Energy Price Projections

6. Maintenance and Repair Costs

7. Product Lifetime

8. Discount Rates

a. Residential Discount Rates

b. Commercial Discount Rates

9. Compliance Date of Amended Standards

10. Base Case Efficiency Distribution

11. Inputs to Payback Period Analysis

12. Rebuttable-Presumption Payback Period

G. National Impact Analysis—National Energy Savings and Net Present Value Analysis

1. Shipments

2. Forecasted Efficiency in the Base Case and Standards Cases

3. National Energy Savings

4. Net Present Value of Consumer Benefit

5. Benefits From Effects of Standards on Energy Prices

H. Consumer Subgroup Analysis

I. Manufacturer Impact Analysis

1. Overview

a. Phase 1, Industry Profile

b. Phase 2, Industry Cash Flow Analysis

c. Phase 3, Sub-Group Impact Analysis

2. GRIM Analysis

a. GRIM Key Inputs

b. GRIM Scenarios

3. Discussion of Comments

a. Small Businesses

b. Cumulative Regulatory Burden

c. Employment Impacts

4. Manufacturer Interviews

a. Clothes Dryer Key Issues

b. Room Air Conditioner Key Issues

J. Employment Impact Analysis

K. Utility Impact Analysis

L. Environmental Assessment

M. Monetizing Carbon Dioxide and Other Emissions Impacts

1. Social Cost of Carbon

a. Monetizing Carbon Dioxide Emissions

b. Social Cost of Carbon Values Used in Past Regulatory Analyses

c. Current Approach and Key Assumptions

2. Valuation of Other Emissions Reductions

V. Analytical Results

A. Trial Standard Levels

B. Economic Justification and Energy Savings

1. Economic Impacts on Individual Consumers

a. Life-Cycle Cost and Payback Period

b. Consumer Sub-Group Analysis

c. Rebuttable Presumption Payback

2. Economic Impacts on Manufacturers

a. Industry Cash Flow Analysis Results

b. Impacts on Employment

c. Impacts on Manufacturing Capacity

d. Impacts on Sub-Groups of Manufacturers

e. Cumulative Regulatory Burden

3. National Impact Analysis

a. Significance of Energy Savings

b. Net Present Value of Consumer Costs and Benefits

c. Impacts on Employment

4. Impact on Utility or Performance of Products

5. Impact of Any Lessening of Competition

6. Need of the Nation To Conserve Energy

7. Other Factors

C. Proposed Standards

1. Benefits and Burdens of TSLs Considered for Clothes Dryers

2. Benefits and Burdens of TSLs Considered for Room Air Conditioners

3. Summary of Benefits and Costs (Annualized) of the Standards

VI. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866 and 13563

B. Review Under the Regulatory Flexibility Act

1. Residential Clothes Dryer Industry

2. Room Air Conditioner Industry

C. Review Under the Paperwork Reduction Act

D. Review Under the National Environmental Policy Act

E. Review under Executive Order 13132

F. Review Under Executive Order 12988

G. Review Under the Unfunded Mandates Reform Act of 1995

H. Review Under the Treasury and General Government Appropriations Act, 1999

I. Review Under Executive Order 12630

J. Review Under the Treasury and General Government Appropriations Act, 2001

K. Review Under Executive Order 13211

L. Review Under the Information Quality Bulletin for Peer Review

M. Congressional Notification

VII. Public Participation

A. Submission of Comments

VIII. Approval of the Office of the Secretary

I. Summary of the Direct Final Rule

A. The Energy Conservation Standard Levels

The Energy Policy and Conservation Act (42 U.S.C. 6291

et seq.

; EPCA or the Act), as amended, provides that any amended energy conservation standard DOE prescribes for covered products, such as residential clothes dryers (clothes dryers) and room air conditioners, must be designed to achieve the maximum improvement in energy efficiency that is technologically feasible and economically justified. (42 U.S.C. 6295(o)(2)(A)) Furthermore, the amended standard must result in a significant conservation of energy. (42 U.S.C. 6295(o)(3)(B)) In accordance with these and other statutory provisions discussed in this notice, DOE adopts amended energy conservation standards for clothes dryers and room air conditioners as shown in Table I-1. The standards apply to all products listed in Table I-1 and manufactured in, or imported into, the United States on or after April 21, 2014.

Table I-1—Amended Energy Conservation Standards for Residential Clothes Dryers and Room Air Conditioners

Product class

Minimum

CEF levels*

lb/kWh

Residential Clothes Dryers

1. Vented Electric, Standard (4.4 ft

or greater capacity)

3.73

2. Vented Electric, Compact (120 V) (less than 4.4 ft

capacity)

3.61

3. Vented Electric, Compact (240 V) (less than 4.4 ft

capacity)

3.27

4. Vented Gas

3.30

5. Ventless Electric, Compact (240 V) (less than 4.4 ft

capacity)

2.55

6. Ventless Electric Combination Washer/Dryer

2.08

Product class

Minimum

CEER

levels**

Btu/Wh

Room Air Conditioners

1. Without reverse cycle, with louvered sides, and less than 6,000 Btu/h

11.0

2. Without reverse cycle, with louvered sides, and 6,000 to 7,999 Btu/h

11.0

3. Without reverse cycle, with louvered sides, and 8,000 to 13,999 Btu/h

10.9

4. Without reverse cycle, with louvered sides, and 14,000 to 19,999 Btu/h

10.7

5a. Without reverse cycle, with louvered sides, and 20,000 to 24,999 Btu/h

9.4

5b. Without reverse cycle, with louvered sides, and 25,000 Btu/h or more

9.0

6. Without reverse cycle, without louvered sides, and less than 6,000 Btu/h

10.0

7. Without reverse cycle, without louvered sides, and 6,000 to 7,999 Btu/h

10.0

8a. Without reverse cycle, without louvered sides, and 8,000 to 10,999 Btu/h

9.6

8b. Without reverse cycle, without louvered sides, and 11,000 to 13,999 Btu/h

9.5

9. Without reverse cycle, without louvered sides, and 14,000 to 19,999 Btu/h

9.3

10. Without reverse cycle, without louvered sides, and 20,000 Btu/h or more

9.4

11. With reverse cycle, with louvered sides, and less than 20,000 Btu/h

9.8

12. With reverse cycle, without louvered sides, and less than 14,000 Btu/h

9.3

13. With reverse cycle, with louvered sides, and 20,000 Btu/h or more

9.3

14. With reverse cycle, without louvered sides, and 14,000 Btu/h or more

8.7

15. Casement-only

9.5

16. Casement-slider

10.4

* CEF (Combined Energy Factor) is calculated as the clothes dryer test load weight in pounds divided by the sum of “active mode” per-cycle energy use and “inactive mode” per-cycle energy use in kWh.

* * CEER (Combined Energy Efficiency Ratio) is calculated as capacity times active mode hours (equal to 750) divided by the sum of active mode annual energy use and inactive mode.

B. Benefits and Costs to Consumers

Table I-2 presents DOE's evaluation of the economic impacts of today's standards on consumers of clothes dryers and room air conditioners, as measured by the average life-cycle cost (LCC) savings and the median payback period. The average LCC savings are positive for all product classes of clothes dryers and room air conditioners for which consumers would be impacted by the standards.

Table I-2—Impacts of Today's Standards on Consumers of Clothes Dryers and Room Air Conditioners

Product class

Average

LCC savings

(2009$)

Median

payback

period

(years)

Clothes Dryers

Electric Standard

$14

5.3

Compact 120V

0.9

Compact 240V

0.9

Gas

11.7

Ventless 240V

* 0

* n/a

Ventless Combination Washer/Dryer

* 0

* n/a

Room Air Conditioners

< 6,000 Btu/h, with Louvers

8.6

8,000-13,999 Btu/h, with Louvers

2.8

20,000-24,999 Btu/h, with Louvers

4.3

> 25,000 Btu/h, with Louvers

10.1

8,000-10,999 Btu/h, without Louvers

2.1

> 11,000 Btu/h, without Louvers

3.7

* Because the standard level is the same as the baseline efficiency level, no consumers are impacted and therefore calculation of a payback period is not applicable.

C. Impact on Manufacturers

The industry net present value (INPV) is the sum of the discounted cash flows to the industry from the base year through the end of the analysis period (2011 to 2043). Using a real discount rate of 7.2 percent, DOE estimates that the industry net present value (INPV) for manufacturers of clothes dryers is $1,003.6 million in 2009$. Under today's standards, DOE expects that manufacturers may lose 6.4 to 8.0 percent of their INPV, which is $64.5 to −$80.6 million. Additionally, based on DOE's interviews with the manufacturers of clothes dryers, DOE does not expect any plant closings or significant loss of employment.

For room air conditioners, DOE estimates that the INPV for manufacturers of room air conditioners is $956 million in 2009$ using a real discount rate of 7.2 percent. Under today's standards, DOE expects that manufacturers may lose 11.6 to 18.6 percent of their INPV, which is $111.3 to $177.6 million. Additionally, based on DOE's interviews with the manufacturers of room air conditioners, DOE does not expect any plant closings or significant loss of employment.

D. National Benefits

DOE's analyses indicate that today's standards would save a significant amount of energy over 30 years (2014-

2043)—an estimated 0.39 quads of cumulative energy for clothes dryers and 0.31 quads of cumulative energy for room air conditioners. The combined total, 0.70 quads, is equivalent to three-fourths of the estimated amount of energy used in 2008 to dry clothes in all U.S. homes. In addition, DOE expects the energy savings from today's standards to eliminate the need for approximately 0.98 gigawatts (GW) of generating capacity by 2043.

The cumulative national net present value (NPV) of total consumer costs and savings of today's standards in 2009$ ranges from $1.08 billion (at a 7-percent discount rate) to $3.01 billion (at a 3-percent discount rate) for clothes dryers, and from $0.57 billion (at a 7-percent discount rate) to $1.47 billion (at a 3-percent discount rate) for room air conditioners. This NPV expresses the estimated total value of future operating-cost savings minus the estimated increased product costs for products purchased in 2014-2043, discounted to 2011.

In addition, today's standards would have significant environmental benefits. The energy savings would result in cumulative greenhouse gas emission reductions of approximately 36.1 million metric tons (Mt) of carbon dioxide (CO

) from 2014 to 2043. During this period, the standards would also result in emissions reductions

of approximately 29.3 thousand tons of nitrogen oxides (NO

) and 0.073 ton of mercury (Hg).

DOE estimates that the net present monetary value of the CO

emissions reductions is between $170 and $2,654 million, expressed in 2009$ and discounted to 2011. DOE also estimates that the net present monetary value of the NO

emissions reductions, expressed in 2009$ and discounted to 2011, is $4.3 to $43.8 million at a 7-percent discount rate, and $8.9 to $91.7 million at a 3-percent discount rate.

DOE calculates emissions reductions relative to the most recent version of the

Annual Energy Outlook

(

AEO

) Reference case forecast. As noted in section 15.2.4 of TSD chapter 15, this forecast accounts for regulatory emissions reductions through 2008, including the Clean Air Interstate Rule (CAIR, 70 FR 25162 (May 12, 2005)), but not the Clean Air Mercury Rule (CAMR, 70 FR 28606 (May 18, 2005)). Subsequent regulations, including the currently proposed CAIR replacement rule, the Clean Air Transport Rule (75 FR 45210 (Aug. 2, 2010)), do not appear in the forecast.

Results for NO

and Hg are presented in short tons. One short ton equals 2000 lbs.

DOE is aware of multiple agency efforts to determine the appropriate range of values used in evaluating the potential economic benefits of reduced Hg emissions. DOE has decided to await further guidance regarding consistent valuation and reporting of Hg emissions before it once again monetizes Hg emissions reductions in its rulemakings.

The benefits and costs of today's standards can also be expressed in terms of annualized values. The annualized monetary values are the sum of (1) the annualized national economic value, expressed in 2009$, of the benefits from operating the product (consisting primarily of operating cost savings from using less energy, minus increases in equipment purchase costs, which is another way of representing consumer NPV, plus (2) the monetary value of the benefits of emission reductions, including CO

emission reductions.

The value of the CO

reductions is otherwise known as the Social Cost of Carbon (SCC), and is calculated using a range of values per metric ton of CO

developed by a recent interagency process. The monetary benefits of emissions reductions are reported in 2009$ so that they can be compared with the other costs and benefits in the same dollar units. The derivation of the SCC values is discussed in section IV.M.

DOE used a two-step calculation process to convert the time-series of costs and benefits into annualized values. First, DOE calculated a present value in 2011, the year used for discounting the NPV of total consumer costs and savings, for the time-series of costs and benefits using discount rates of three and seven percent for all costs and benefits except for the value of CO

reductions. For the latter, DOE used a range of discount rates, as shown in Table I.3. From the present value, DOE then calculated the fixed annual payment over a 30-year period, starting in 2011, that yields the same present value. The fixed annual payment is the annualized value. Although DOE calculated annualized values, this does not imply that the time-series of cost and benefits from which the annualized values were determined would be a steady stream of payments.

Although adding the value of consumer savings to the values of emission reductions provides a valuable perspective, two issues should be considered. First, the national operating cost savings are domestic U.S. consumer monetary savings that occur as a result of market transactions, while the value of CO

reductions is based on a global value. Second, the assessments of operating cost savings and the SCC are performed with different methods that use quite different timeframes for analysis. The national operating cost savings is measured for the lifetime of products shipped in 2014-2043. The SCC values, on the other hand, reflect the present value of future climate-related impacts resulting from the emission of one metric ton of carbon dioxide in each year. These impacts continue well beyond 2100.

Table I-3 shows the annualized values for the clothes dryer standards. Using a 7-percent discount rate and the SCC value of $22.1/ton in 2010 (in 2009$), the cost of the standards for clothes dryers in today's rule is $52.3 million per year in increased equipment costs, while the annualized benefits are $139.1 million per year in reduced equipment operating costs, $25.0 million in CO

reductions, and $0.9 million in reduced NO

emissions. In this case, the net benefit amounts to $112.7 million per year. DOE has calculated that the annualized increased equipment cost can range from $50.5 to $66.6 million per year depending on assumptions and modeling of equipment price trends. The high end of this range corresponds to a constant real equipment price trend. Using the central estimate of energy-related benefits, DOE estimates that calculated net benefits can range from $98.4 to $114.5 million per year.

Using a 3-percent discount rate and the SCC value of $22.1/ton in 2010 (in 2009$), the cost of the standards for clothes dryers in today's rule is $55.4 million per year in increased equipment costs, while the benefits are $209.1 million per year in reduced operating costs, $25.0 million in CO

reductions, and $1.4 million in reduced NO

emissions. In this case, the net benefit amounts to $180.1 million per year. DOE has calculated that the annualized increased equipment cost can range from $53.1 to $73.5 million per year depending on assumptions and modeling of equipment price trends. The high end of this range corresponds to a constant real equipment price trend. Using the central estimate of energy-related benefits, DOE estimates that calculated net benefits can range from $162.0 to $182.4 million per year.

Table I-4 shows the annualized values for the room air conditioner standards. Using a 7-percent discount rate and the SCC value of $22.1/ton in 2010 (in 2009$), the cost of the standards for room air conditioners in today's rule is $107.7 million per year in increased equipment costs, while the annualized benefits are $153.7 million per year in reduced equipment operating costs, $19.5 million in CO

reductions, and $0.999 million in reduced NO

emissions. In this case, the net benefit amounts to $66.4 million per year.

DOE has calculated that the annualized increased equipment cost can range from $105.7 to $136.6 million per year depending on assumptions and modeling of equipment price trends. The high end of this range corresponds to a constant real equipment price trend. Using the central estimate of energy-related benefits, DOE estimates that calculated net benefits can range from $37.5 to $68.4 million per year.

Using a 3-percent discount rate and the SCC value of $22.1/ton in 2010 (in

2009$), the cost of the standards for room air conditioners in today's rule is $111.0 million per year in increased equipment costs, while the benefits are $186.2 million per year in reduced operating costs, $19.5 million in CO

reductions, and $1.20 million in reduced NO

emissions. In this case, the net benefit amounts to $95.9 million per year DOE has calculated that the range in the annualized increased equipment cost can range from $108.0 to $146.0 million per year depending on assumptions and modeling of equipment price trends. The high end of this range corresponds to a constant real equipment price trend. Using the central estimate of energy-related benefits, DOE estimates that calculated net benefits can range from $60.9 to $98.9 million per year.

Table I-3—Annualized Benefits and Costs of Amended Standards (TSL 4) for Clothes Dryers Sold in 2014-2043

Discount rate

Monetized

(million 2009$ year)

Primary estimate *

Low estimate *

High estimate *

Benefits

Operating Cost Savings

139.1

120.6

158.3

209.1

177.4

241.3

Reduction at $4.9/t **

6.0

Reduction at $22.1/t **

25.0

Reduction at $36.3/t **

2.5%

39.8

Reduction at $67.1/t **

76.0

Reduction at $2,519/ton **

0.9

1.4

Total†

7% plus CO

range

146.1 to 216.1

127.6 to 197.6

165.3 to 235.3

165.0

146.5

184.3

235.4

203.7

267.6

3% plus CO

range

216.5 to 286.5

184.8 to 254.8

248.7 to 318.7

Costs

Incremental Product Costs#

52.3

66.6

50.5

55.4

73.5

53.1

Net Benefits

Total†

7% plus CO

range

93.7 to 163.7

61.0 to 131.0

114.8 to 184.8

112.7

79.9

133.8

180.1

130.2

214.5

3% plus CO

range

161.1 to 231.1

111.3 to 181.3

195.6 to 265.6

* The primary, low, and high estimates utilize forecasts of energy prices and housing starts from the AEO2010 Reference case, Low Economic Growth case, and High Economic Growth case, respectively. Low estimate corresponds to the low net benefit estimate and uses the zero real price trend sensitivity for equipment prices, and the high estimate corresponds to the high net benefit estimate and utilizes the high technological learning rate sensitivity for the equipment price trend.

** The CO

values represent global values (in 2009$) of the social cost of CO

emissions in 2010 under several scenarios. The values of $4.9, $22.1, and $36.3 per metric ton are the averages of SCC distributions calculated using 5-percent, 3-percent, and 2.5-percent discount rates, respectively. The value of $67.1 per ton represents the 95th percentile of the SCC distribution calculated using a 3-percent discount rate. The value for NO

(in 2009$) is the average of the low and high values used in DOE's analysis.

† Total benefits for both the 3-percent and 7-percent cases are derived using the SCC value calculated at a 3-percent discount rate, which is $22.1/ton in 2010 (in 2007$). In the rows labeled as “7% plus CO

range” and “3% plus CO

range,” the operating cost and NO

benefits are calculated using the labeled discount rate, and those values are added to the full range of CO

values.

Table I-4—Annualized Benefits and Costs of Amended Standards (TSL 4) for Room Air Conditioners Sold in 2014-2043

Discount rate

Monetized (

million 2009$/year

)

Primary estimate *

Low estimate *

High estimate *

Benefits

Operating Cost Savings

153.7

145.1

161.9

186.2

174.2

197.3

Reduction at $4.9/t **

5.0

Reduction at $22.1/t **

19.5

Reduction at $36.3/t **

2.5%

30.7

Reduction at $67.1/t **

59.4

Reduction at $2,519/ton **

0.999

1.197

Total †

7% plus CO

range

159.6 to 214.0

151.1 to 205.5

167.9 to 222.3

174.1

165.5

182.4

206.8

194.9

218.0

3% plus CO

range

192.3 to 246.7

180.4 to 234.8

203.5 to 257.9

Costs

Incremental Product Costs

107.7

136.6

105.7

111.0

146.0

108.0

Net Benefits

Total†

7% plus CO

range

51.9 to 106.3

43.4 to 97.8

62.2 to 116.6

66.4

28.9

76.7

95.9

48.9

110.0

3% plus CO

range

81.4 to 135.8

34.4 to 88.8

95.5 to 149.9

* The primary, low, and high estimates utilize forecasts of energy prices and housing starts from the AEO2010 Reference case, Low Economic Growth case, and High Economic Growth case, respectively. Low estimate corresponds to the low net benefit estimate and uses the zero real price trend sensitivity for equipment prices, while the high estimate corresponds to the high net benefit estimate and utilizes the high technological learning rate sensitivity for the equipment price trend.

** The CO

values represent global values (in 2009$) of the social cost of CO

(in 2009$) is the average of the low and high values used in DOE's analysis.

† Total benefits for both the 3-percent and 7-percent cases are derived using the SCC value calculated at a 3-percent discount rate, which is $22.1/ton in 2010 (in 2009$). In the rows labeled as “7% plus CO

range” and “3% plus CO

range,” the operating cost and NO

benefits are calculated using the labeled discount rate, and those values are added to the full range of CO

values.

E. Conclusion

Based on the analyses culminating in this final rule, DOE found the benefits to the nation of the standards (energy savings, consumer LCC savings, national NPV increase, and emission reductions) outweigh the burdens (loss of INPV and LCC increases for some users of these products). DOE has concluded that the standards represent the maximum improvement in energy efficiency that is technologically feasible and economically justified, and would result in significant conservation of energy. DOE further notes that clothes dryers and room air conditioners achieving these standard levels are already commercially available.

II. Introduction

A. Authority

Title III of EPCA sets forth a variety of provisions designed to improve energy efficiency. Part B of title III (42 U.S.C. 6291-6309) provides for the Energy Conservation Program for Consumer Products other than Automobiles.

The program covers consumer products and certain commercial equipment (referred to hereafter as “covered products”), including clothes dryers and room air conditioners (42 U.S.C. 6292(a)(2) and (8)), and the Act prescribes energy conservation standards for certain clothes dryers (42 U.S.C. 6295(g)(3)) and for room air conditioners (42 U.S.C. 6295(c)(1)). EPCA further directs DOE to conduct two cycles of rulemakings to determine whether to amend these standards. (42 U.S.C. 6295(c)(2) and (g)(4)) As explained in further detail in section II.C, “Background,” this rulemaking represents the second round of amendments to both the clothes dryer and room air conditioner standards.

For editorial reasons, upon codification in the U.S. Code, Part B was re-designated Part A.

DOE notes that this rulemaking is one of the required agency actions in the consolidated Consent Decree in

State of New York, et al.

Bodman et al.,

05 Civ. 7807 (LAP), and

Natural Resources Defense Council, et al.

Bodman, et al.,

05 Civ. 7808 (LAP), DOE is required to complete a final rule for amended energy conservation standards for room air conditioners and clothes dryers that must be sent to the

Federal Register

by June 30, 2011.

Under the Act, DOE's energy conservation program for covered products consists essentially of four parts: (1) Testing, (2) labeling, (3) Federal energy conservation standards, and (4) certification and enforcement procedures. The Federal Trade Commission (FTC) is responsible for labeling, and DOE implements the remainder of the program. The Act authorizes DOE, subject to certain criteria and conditions, to develop test procedures to measure the energy efficiency, energy use, or estimated annual operating cost of each covered product. (42 U.S.C. 6293) Manufacturers of covered products must use the DOE test procedure as the basis for certifying to DOE that their products comply with applicable energy conservation standards adopted under EPCA and for representing the efficiency of those products. (42 U.S.C. 6293(c) and 6295(s)) Similarly, DOE must use these test procedures to determine whether the products comply with standards adopted under EPCA.

Id.

The test procedures for clothes dryers and room air conditioners appear at title 10 Code of Federal Regulations (CFR) part 430, subpart B, appendices D and F, respectively.

EPCA provides criteria for prescribing amended standards for covered products. As indicated above, any amended standard for a covered product must be designed to achieve the maximum improvement in energy efficiency that is technologically feasible and economically justified. (42 U.S.C. 6295(o)(2)(A)) Furthermore, EPCA precludes DOE from adopting any standard that would not result in significant conservation of energy. (42 U.S.C. 6295(o)(3)) EPCA also provides that, in determining whether a standard is economically justified, DOE must determine whether the benefits of the standard exceed its burdens. (42 U.S.C. 6295(o)(2)(B)(i)) DOE must do so after receiving comments on the proposed standard and by considering, to the greatest extent practicable, the following seven factors:

1. The economic impact of the standard on manufacturers and consumers of the products subject to the standard;

2. The savings in operating costs throughout the estimated average life of the covered products in the type (or

class) compared to any increase in the price, initial charges, or maintenance expenses for the covered products that are likely to result from the imposition of the standard;

3. The total projected amount of energy savings likely to result directly from the imposition of the standard;

4. Any lessening of the utility or the performance of the covered products likely to result from the imposition of the standard;

5. The impact of any lessening of competition, as determined in writing by the Attorney General, that is likely to result from the imposition of the standard;

6. The need for national energy conservation; and

7. Other factors the Secretary considers relevant. (42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII))

The Energy Independence and Security Act of 2007 (EISA 2007; Public Law 110-140) amended EPCA, in relevant part, to grant DOE authority to issue a final rule (hereinafter referred to as a “direct final rule”) establishing an energy conservation standard on receipt of a statement submitted jointly by interested persons that are fairly representative of relevant points of view (including representatives of manufacturers of covered products, States, and efficiency advocates) as determined by the Secretary, that contains recommendations with respect to an energy conservation standard that are in accordance with the provisions of 42 U.S.C. 6295(o). A notice of proposed rulemaking (NOPR) that proposes an identical energy efficiency standard must be published simultaneously with the final rule, and DOE must provide a public comment period of at least 110 days on this proposal. 42 U.S.C. 6295(p)(4). Not later than 120 days after issuance of the direct final rule, if one or more adverse comments or an alternative joint recommendation are received relating to the direct final rule, the Secretary must determine whether the comments or alternative recommendation may provide a reasonable basis for withdrawal under 42 U.S.C. 6295(o) or other applicable law. If the Secretary makes such a determination, DOE must withdraw the direct final rule and proceed with the simultaneously published notice of proposed rulemaking. DOE must publish in the

Federal Register

the reason why the direct final rule was withdrawn.

Id.

The Consent Decree in

State of New York, et al.

Bodman et al.,

described above, defines a “final rule” to have the same meaning as in 42 U.S.C. 6295(p)(4) and defines “final action” as a final decision by DOE. As this direct final rule is issued under authority at 42 U.S.C. 6295(p)(4) and constitutes a final decision by DOE which becomes legally effective 120 days after issuance, absent an adverse comment that leads the Secretary to withdraw the direct final rule, DOE asserts that issuance of this direct final rule on or before the date required by the court constitutes compliance with the Consent Decree in

State of New York, et al.

Bodman et al.

Furthermore, EPCA contains what is commonly known as an “anti-backsliding” provision, which mandates that the Secretary not prescribe any amended standard that either increases the maximum allowable energy use or decreases the minimum required energy efficiency of a covered product. (42 U.S.C. 6295(o)(1)) Also, the Secretary may not prescribe a new standard if interested persons have established by a preponderance of the evidence that the standard is likely to result in the unavailability in the United States of any covered product type (or class) with performance characteristics, features, sizes, capacities, and volumes that are substantially the same as those generally available in the United States. (42 U.S.C. 6295(o)(4))

EPCA also establishes a rebuttable presumption that a standard is economically justified if the Secretary finds that the additional cost to the consumer of purchasing a product complying with an energy conservation standard level will be less than three times the value of the energy savings during the first year that the consumer will receive as a result of the standard, as calculated under the applicable test procedure. 42 U.S.C. 6295(o)(2)(B)(iii)

EPCA requires DOE to specify a different standard level than that which applies generally to a type or class of products for any group of covered products that have the same function or intended use if DOE determines that products within such group (A) consume a different kind of energy from that consumed by other covered products within such type (or class); or (B) have a capacity or other performance-related feature which other products within such type (or class) do not have and such feature justifies a higher or lower standard. (42 U.S.C. 6295(q)(1)) In determining whether a performance-related feature justifies such a different standard for a group of products, DOE must consider such factors as the utility to the consumer of the feature and other factors DOE deems appropriate.

Id.

Any rule prescribing such a standard must include an explanation of the basis on which such higher or lower level was established. (42 U.S.C. 6295(q)(2))

Federal energy conservation requirements for covered products generally supersede state laws or regulations concerning energy conservation testing, labeling, and standards. (42 U.S.C. 6297 (a)-(c)) DOE can, however, grant waivers of Federal preemption for particular state laws or regulations, in accordance with the procedures and other provisions of section 327(d) of the Act. (42 U.S.C. 6297(d))

EPCA also requires that energy conservation standards address standby mode and off mode energy use. Specifically, when DOE adopts a standard for a covered product after July 1, 2010 it must, if justified by the criteria for adoption of standards in section 325(o) of EPCA, incorporate standby mode and off mode energy use into the standard, if feasible, or adopt a separate standard for such energy use for that product. (42 U.S.C. 6295(gg)) As set forth below, the standards for clothes dryers and room air conditioners at 10 CFR 430.32 (h) and (b) are minimum energy factors (EF) and minimum energy efficiency ratios (EER), respectively. Neither of these metrics incorporates standby or off mode energy use, with the limited exception that the EF in appendix D addresses the energy use of pilot lights in gas clothes dryers. (DOE notes that standing pilot lights were prohibited by EPCA for products manufactured after January 1, 1988. As a result, the final amended test procedure, published on January 6, 2011, eliminates measurement of the energy use of such pilot lights. Similarly, DOE does not incorporate the energy use of pilot lights in the metric for gas clothes dryers established in this final rule.) By contrast, the standard levels DOE considered in this direct final rule are expressed in terms of the “combined energy factor” (CEF) for clothes dryers and the “combined energy efficiency ratio” (CEER) for room air conditioners, and each of these metrics incorporates energy use in all modes, including the standby and off modes. DOE uses these metrics in the standards it adopts in this direct final rule.

DOE has also reviewed this regulation pursuant to Executive Order 13563, issued on January 18, 2011 (76 FR 3281, Jan. 21, 2011). EO 13563 is supplemental to and explicitly reaffirms the principles, structures, and definitions governing regulatory review established in Executive Order 12866. To the extent permitted by law, agencies are required by Executive Order 13563 to: (1) Propose or adopt a regulation

only upon a reasoned determination that its benefits justify its costs (recognizing that some benefits and costs are difficult to quantify); (2) tailor regulations to impose the least burden on society, consistent with obtaining regulatory objectives, taking into account, among other things, and to the extent practicable, the costs of cumulative regulations; (3) select, in choosing among alternative regulatory approaches, those approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity); (4) to the extent feasible, specify performance objectives, rather than specifying the behavior or manner of compliance that regulated entities must adopt; and (5) identify and assess available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior, such as user fees or marketable permits, or providing information upon which choices can be made by the public.

We emphasize as well that Executive Order 13563 requires agencies “to use the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible.” In its guidance, the Office of Information and Regulatory Affairs has emphasized that such techniques may include “identifying changing future compliance costs that might result from technological innovation or anticipated behavioral changes.” For the reasons stated in the preamble, DOE believes that today's direct final rule is consistent with these principles, including that, to the extent permitted by law, agencies adopt a regulation only upon a reasoned determination that its benefits justify its costs and select, in choosing among alternative regulatory approaches, those approaches that maximize net benefits.

Consistent with EO 13563, and the range of impacts analyzed in this rulemaking, the energy efficiency standard adopted herein by DOE achieves maximum net benefits.

B. Background

1. Current Standards

In a final rule published on May 14, 1991, DOE prescribed the current Federal energy conservation standards for clothes dryers manufactured on or after May 14, 1994. 56 FR 22250. This rule completed the first of the two rulemakings required under 42 U.S.C. 6295(g)(4) to consider amending the standards for clothes dryers. The current standards consist of four minimum EFs, expressed in pounds of clothing load (lb) per kilowatt-hour (kWh), one for gas dryers and one each for three different types of electric dryers. 10 CFR 430.32(h). These standards are set forth in Table II.1 below.

Table II.1—Residential Clothes Dryer Current Energy Conservation Standards

Product class

lb/kWh

Electric, Standard (4.4 cubic feet (ft

) or greater capacity)

3.01

Electric, Compact (120 V) (less than 4.4 ft

capacity)

3.13

Electric, Compact (240 V) (less than 4.4 ft

capacity)

2.90

Gas

2.67

In a final rule published on September 24, 1997, DOE prescribed the current Federal energy conservation standards for room air conditioners manufactured on or after October 1, 2000. 62 FR 50122. This rule completed the first of the two rulemakings required under 42 U.S.C. 6295(c)(2) to consider amending the standards for room air conditioners. The current standards consist of minimum EERs, expressed as cooling capacity in British thermal units (Btu) per hour (h) divided by electrical input power in watts (W), that vary depending on the size of the room air conditioner, whether it has louvered sides and a heating cycle, and whether it is for casement installations. 10 CFR 430.32(b). These standards are set forth in Table II.2 below.

Table II.2—Room Air Conditioner Current Energy Conservation Standards

Product class

EER

Btu/Wh

Without reverse cycle, with louvered sides, and less than 6,000 Btu/h

9.7

Without reverse cycle, with louvered sides, and 6,000 to 7,999 Btu/h

9.7

Without reverse cycle, with louvered sides, and 8,000 to 13,999 Btu/h

9.8

Without reverse cycle, with louvered sides, and 14,000 to 19,999 Btu/h

9.7

Without reverse cycle, with louvered sides, and 20,000 Btu/h or more

8.5

Without reverse cycle, without louvered sides, and less than 6,000 Btu/h

9.0

Without reverse cycle, without louvered sides, and 6,000 to 7,999 Btu/h

9.0

Without reverse cycle, without louvered sides, and 8,000 to 13,999 Btu/h

8.5

Without reverse cycle, without louvered sides, and 14,000 to 19,999 Btu/h

8.5

Without reverse cycle, without louvered sides, and 20,000 Btu/h or more

8.5

With reverse cycle, with louvered sides, and less than 20,000 Btu/h

9.0

With reverse cycle, without louvered sides, and less than 14,000 Btu/h

8.5

With reverse cycle, with louvered sides, and 20,000 Btu/h or more

8.5

With reverse cycle, without louvered sides, and 14,000 Btu/h or more

8.0

Casement-Only

8.7

Casement-Slider

9.5

2. History of Standards Rulemaking for Residential Clothes Dryers and Room Air Conditioners

EPCA prescribes energy conservation standards for clothes dryers and for room air conditioners, consisting of a requirement that gas clothes dryers manufactured after January 1, 1988 not be equipped with constant burning pilots and performance standards (minimum EER levels) for room air conditioners. (42 U.S.C. 6295(c)(1) and (g)(3)) These amendments also required, for both products, that DOE conduct two cycles of rulemakings to determine whether to amend these standards. (42 U.S.C. 6295(c)(2) and (g)(4)) As indicated above, DOE completed the first of these rulemaking cycles for clothes dryers in 1991, by adopting performance standards for gas and electric products. DOE completed the first of these rulemaking cycles for room air conditioners in 1997 by adopting amended minimum EER levels.

DOE initiated this rulemaking on October 9, 2007 by publishing a notice announcing the availability of the framework document, the “Energy Conservation Standards Rulemaking Framework Document for Residential Clothes Dryers and Room Air Conditioners.” In this notice, DOE also announced a public meeting and requested public comment on the matters raised in the framework document. 72 FR 57254 (October 9, 2007). The framework document describes the procedural and analytical approaches that DOE anticipated using to evaluate energy conservation standards for clothes dryers and room air conditioners, and identified various issues to be resolved in conducting this rulemaking. The framework document is available at

http://www1.eere.energy.gov/buildings/appliance_standards/.

DOE held the public meeting on October 24, 2007 to present the contents of the framework document, describe the analyses it planned to conduct during the rulemaking, seek comments from interested parties on these subjects, and, in general, inform interested parties about, and facilitate their involvement in, the rulemaking. Interested parties discussed the following major issues at the public meeting: test procedure revisions; product classes; technology options; approaches to the engineering, life-cycle cost, payback period and national impact analyses; efficiency levels analyzed in the engineering analysis; and the approach for estimating typical energy consumption. At the meeting and during the period for commenting on the framework document, DOE received many comments that helped it identify and resolve issues involved in this rulemaking.

DOE then gathered additional information and performed preliminary analyses to help develop potential energy conservation standards for clothes dryers and room air conditioners. This process culminated in DOE's announcement of the availability of its preliminary technical support document (preliminary TSD) and another public meeting to discuss and receive comments on the following matters: the product classes DOE planned to analyze; the analytical framework, models, and tools that DOE was using to evaluate standards; the results of the preliminary analyses performed by DOE; and potential standard levels that DOE could consider. 75 FR 7987 (Feb. 23, 2010) (the February 2010 notice). DOE also invited written comments on the preliminary analysis.

Id.

(The preliminary TSD is available at

http://www1.eere.energy.gov/buildings/appliance_standards/residential/preliminary_analysis_tsd.html.

) DOE also stated its interest in receiving views concerning other relevant issues that participants believe would affect energy conservation standards for clothes dryers or room air conditioners.

Id.

at 7990.

The preliminary TSD provided an overview of the activities DOE undertook in developing standards for clothes dryers and room air conditioners, and discussed the comments DOE received in response to the framework document. It also described the analytical framework that DOE uses in this rulemaking, including a description of the methodology, the analytical tools, and the relationships among the various analyses that are part of the rulemaking. The preliminary TSD presented and described in detail each analysis DOE performed, including descriptions of inputs, sources, methodologies, and results. These analyses were as follows:

• A

market and technology assessment

addressed the scope of this rulemaking, identified the potential classes for clothes dryers and room air conditioners, characterized the markets for these products, and reviewed techniques and approaches for improving their efficiency.

• A

screening analysis

reviewed technology options to improve the efficiency of clothes dryers and room air conditioners, and weighed these options against DOE's four prescribed screening criteria.

• An

engineering analysis

estimated the manufacturer selling prices (MSPs) associated with more energy-efficient clothes dryers and room air conditioners.

• An

energy use analysis

estimated the annual energy use of clothes dryers and room air conditioners.

• A

markups analysis

converted estimated MSPs derived from the engineering analysis to consumer prices.

• A

life-cycle cost analysis

calculated, for individual consumers, the discounted savings in operating costs throughout the estimated average life of each product, compared to any increase in installed costs likely to result directly from the imposition of a given standard.

• A

payback period (PBP) analysis

estimated the amount of time it takes individual consumers to recover the higher purchase expense of more energy efficient products through lower operating costs.

• A

shipments analysis

estimated shipments of clothes dryers and room air conditioners over the time period examined in the analysis, and was used in performing the national impact analysis (NIA).

• A

national impact analysis

assessed the national energy savings (NES), and the national net present value of total consumer costs and savings, expected to result from specific, potential energy conservation standards for clothes dryers and room air conditioners. and

• A

preliminary manufacturer impact analysis

(MIA) took the initial steps in evaluating the effects on manufacturers of new amended energy conservation standards.

The public meeting announced in the February 2010 notice took place on March 16, 2010. At this meeting, DOE presented the methodologies and results of the analyses set forth in the preliminary TSD. Major topics discussed at the meeting included test procedure revisions; product classes (including ventless clothes dryers); integrated efficiency levels; the use of alternate refrigerants in room air conditioners; engineering analysis tools; mark-ups; field energy consumption; life-cycle cost inputs; efficiency distribution forecasts; national impact analysis inputs; and trial standard level selection criteria. DOE also discussed plans for conducting the NOPR analyses. The comments received since publication of the February 2010 notice, including those received at the March 2010 public meeting, have contributed to DOE's proposed resolution of the issues in this rulemaking. This direct final rule responds to the issues raised in the comments received.

3. Consensus Agreement for Residential Clothes Dryers and Room Air Conditioners

In response to the preliminary analysis, DOE received the “Agreement on Minimum Federal Efficiency Standards, Smart Appliances, Federal Incentives and Related Matters for Specified Appliances” (the “Joint Petition”), a comment submitted by groups representing manufacturers (the Association of Home Appliance Manufacturers (AHAM), Whirlpool Corporation (Whirlpool), General Electric Company (GE), Electrolux, LG Electronics, Inc. (LG), BSH Home Appliances (BSH), Alliance Laundry Systems (ALS), Viking Range, Sub-Zero Wolf, Friedrich A/C, U-Line, Samsung, Sharp Electronics, Miele, Heat Controller, AGA Marvel, Brown Stove, Haier, Fagor America, Airwell Group, Arcelik, Fisher & Paykel, Scotsman Ice, Indesit, Kuppersbusch, Kelon, and DeLonghi); energy and environmental advocates (American Council for an Energy Efficient Economy (ACEEE), Appliance Standards Awareness Project (ASAP), Natural Resources Defense Council (NRDC), Alliance to Save Energy (ASE), Alliance for Water Efficiency (AWE), Northwest Power and Conservation Council (NPCC), and Northeast Energy Efficiency Partnerships (NEEP)); and consumer groups (Consumer Federation of America (CFA) and the National Consumer Law Center (NCLC)) (collectively, the “Joint Petitioners”). This collective set of comments, which DOE refers to in this notice as the “Joint Petition” 1B

or “Consensus Agreement” recommends specific energy conservation standards for residential clothes dryers and room air conditioners that, in the commenters' view, would satisfy the EPCA requirements in 42 U.S.C. 6295(o). DOE has considered the recommended energy conservation standards in today's final rule.

DOE Docket No. EERE-2007-BT-STD-0010, Comment 35. DOE considered the Joint Petitioners comments to supersede earlier comments by the listed parties regarding issues subsequently discussed in the Joint Petition.

After careful consideration of the joint comment containing a consensus recommendation for amended energy conservation standards for clothes dryers and room air conditioners, the Secretary has determined that this “Consensus Agreement” has been submitted by interested persons who are fairly representative of relevant points of view on this matter. Congress provided some guidance within the statute itself by specifying that representatives of manufacturers of covered products, States, and efficiency advocates are relevant parties to any consensus recommendation. (42 U.S.C. 6295(p)(4)(A)) As delineated above, the Consensus Agreement was signed and submitted by a broad cross-section of the manufacturers who produce the subject products, their trade associations, and environmental, energy-efficiency and consumer advocacy organizations. Although States were not signatories to the Consensus Agreement, they did not express any opposition to it. Moreover, DOE does not read the statute as requiring absolute agreement among all interested parties before the Department may proceed with issuance of a direct final rule. By explicit language of the statute, the Secretary has discretion to determine when a joint recommendation for an energy or water conservation standard has met the requirement for representativeness (

i.e.,

“as determined by the Secretary”). Accordingly, DOE will consider each consensus recommendation on a case-by-case basis to determine whether the submission has been made by interested persons fairly representative of relevant points of view.

Pursuant to 42 U.S.C. 6295(p)(4), the Secretary must also determine whether a jointly-submitted recommendation for an energy or water conservation standard is in accordance with 42 U.S.C. 6295(o) or 42 U.S.C. 6313(a)(6)(B), as applicable. This determination is exactly the type of analysis which DOE conducts whenever it considers potential energy conservation standards pursuant to EPCA. DOE applies the same principles to any consensus recommendations it may receive to satisfy its statutory obligation to ensure that any energy conservation standard that it adopts achieves the maximum improvement in energy efficiency that is technologically feasible and economically justified and will result in significant conservation of energy, Upon review, the Secretary determined that the Consensus Agreement submitted in the instant rulemaking comports with the standard-setting criteria set forth under 42 U.S.C. 6295(o). Accordingly, the consensus agreement levels were included as TSL 4 in today's rule for both clothes dryers and room air conditioners, the details of which are discussed at relevant places throughout this document.

In sum, as the relevant criteria under 42 U.S.C. 6295(p)(4) have been satisfied, the Secretary has determined that it is appropriate to adopt amended energy conservation standards for clothes dryers and room air conditioners through this direct final rule

As required by the same statutory provision, DOE is also simultaneously publishing a NOPR which proposes the identical standard levels contained in this direct final rule with a 110-day public comment period. DOE will consider whether any comment received during this comment period is sufficiently “adverse” as to provide a reasonable basis for withdrawal of the direct final rule and continuation of this rulemaking under the NOPR. Typical of other rulemakings, it is the substance, rather than the quantity, of comments that will ultimately determine whether a direct final rule will be withdrawn. To this end, the substance of any adverse comment(s) received will be weighed against the anticipated benefits of the Consensus Agreement and the likelihood that further consideration of the comment(s) would change the results of the rulemaking. DOE notes that to the extent an adverse comment had been previously raised and addressed in the rulemaking proceeding, such a submission will not typically provide a basis for withdrawal of a direct final rule.

III. General Discussion

A. Test Procedures

As noted above, DOE's test procedures for clothes dryers and room air conditioners appear at 10 CFR part 430, subpart B, appendices D and F, respectively. Moreover, EPCA requires DOE to amend its test procedures for all covered products, including those for clothes dryers and room air conditioners, to include measurement of standby mode and off mode energy consumption, except where current test procedures fully address such energy consumption or such a procedure is technically infeasible. (42 U.S.C. 6295(gg)(2)) Because the clothes dryer and room air conditioner test procedures previously covered such energy use only as to pilot lights in gas dryers (as noted above, the final test procedure rule eliminates the measurement of this energy use given the statutory prohibition), on December 1, 2008 DOE issued a NOPR in which it proposed revisions of these test procedures to fully address standby and off mode energy use and sought comment on those revisions. 73 FR 74639 (Dec. 9, 2008) (TP NOPR). DOE also held a public meeting on December 17, 2008 to receive oral comments.

DOE subsequently issued a supplemental NOPR (SNOPR) in that rulemaking, in which it (1) addressed comments received in response to the TP NOPR; (2) proposed adoption of certain definitions and calculation

methods for standby and off mode energy use; and (3) proposed several amendments to the clothes dryer and room air conditioner test procedures concerning the active modes of these products. 75 FR 37594 (June 29, 2010) (TP SNOPR). For air conditioners, these proposed amendments would update references to industry test standards.

Id.

at 37598. For clothes dryers, DOE proposed to amend its test procedures for the active mode by adopting methods that would allow the testing of ventless products and would more accurately account for automatic cycle termination.

Id.

at 35798, 35799. DOE also proposed amendments to reflect the current usage and capabilities of products (for example, clothes dryer use cycles per year, remaining moisture content (RMC) of clothes dryer loads, and load sizes), and to update test cloth preconditioning provisions, eliminate reference to an obsolete industry test standard, and clarify the required gas supply pressure for testing gas clothes dryers.

Id.

DOE sought and received written comments on the TP SNOPR and also held a public meeting on July 14, 2010 to receive oral comments.

On January 6, 2011, DOE published in the

Federal Register

a final rule for the test procedure rulemaking (76 FR 972) (TP Final Rule), in which it (1) adopted the provisions for the measurement of standby mode and off mode power use for both products proposed in the TP NOPR, as modified by the TP SNOPR, but required that products be installed and set up for standby and off mode testing in accordance with manufacturers' instructions (and if no instructions are given, then the appliance shall be tested at the factory or “default” settings); and (2) adopted several amendments to the clothes dryer and room air conditioner test procedures concerning the active mode for these products, as proposed in and informed by public comment on the TP SNOPR. 76 FR 972 (January 6, 2011). Specifically for room air conditioners, the amendments adopted in the TP Final Rule updated the references to industry test standards. Specifically for clothes dryers, DOE adopted the amendments to include provisions for the testing of ventless products proposed in the TP SNOPR, along with additional clarifications regarding the testing conditions for ventless clothes dryers. 76 FR 976-7. The amendments also include the following changes to reflect the current usage and capabilities of products: (1) Changing the annual clothes dryer use cycles from 416 to 283 cycle per year, (2) changing the initial RMC of clothes dryer loads from 70 percent ± 3.5 percent to 57.5 percent ±3.5 percent, and (3) changing the clothes dryer test load size from 7.00 pounds (lbs) ± .07 lbs to 8.45 ± .085 lbs for standard-size clothes dryers. 76 FR 977. The TP Final Rule also amends the DOE clothes dryer test procedure by updating test cloth preconditioning provisions; revising the water temperature for test load preparation from 100 degrees Fahrenheit (°F) ± 5 °F to 60 °F ± 5 °F; updating references to industry test standards; eliminating reference to an obsolete industry test standard; clarifying the required gas supply conditions for testing gas clothes dryers; clarifying the provisions for measuring the drum capacity; clarifying the definition of “automatic termination control” for clothes dryers; and adding the calculations of EF and CEF to 10 CFR part 430, subpart B, appendix D1. 76 FR 978.

DOE did not adopt the amendments to more accurately measure automatic cycle termination proposed in the TP SNOPR. As discussed in the TP Final Rule, DOE conducted testing of representative clothes dryers using the automatic cycle termination test procedure proposed in the TP SNOPR. The results showed that all of the clothes dryers tested significantly over-dried the DOE test load to near bone dry and, as a result, the measured EF values were significantly lower than EF values obtained using the existing DOE test procedure. The test data also indicated that dryers equipped with automatic termination controls were less efficient than timer dryers. 76 FR 977.

As noted in the TP Final Rule, DOE believes the test procedure amendments for automatic cycle termination proposed in the TP SNOPR do not adequately measure the energy consumption of clothes dryers equipped with such systems using the test load specified in the DOE test procedure. DOE believes that clothes dryers with automatic termination sensing control systems, which infer the RMC of the load from the properties of the exhaust air such as temperature and humidity, may be designed to stop the cycle when the consumer load has a higher RMC than the RMC obtained using the proposed automatic cycle termination test procedure in conjunction with the existing test load.

Manufacturers have indicated, however, that test load types and test cloth materials different than those specified in the DOE test procedure do not produce results as repeatable as those obtained using the test load as currenty specified.

Id.

To investigate this, DOE conducted additional testing using a test load similar to that specified in AHAM Standard HLD-1-2009, which consists of cotton bed sheets, towels, and pillow cases. For tests using the same automatic cycle termination settings as were used in the testing described earlier (that is, normal cycle setting and highest temperature setting), the alternate test load was dried to 1.7 to 2.2 percent final RMC, with an average RMC of 2.0 percent. In comparison, the same clothes dryer under the same cycle settings dried the DOE test load to 0.3 to 1.2 percent RMC, with an average RMC of 0.7 percent. Thus, DOE concluded that the proposed automatic cycle termination control test procedures may not stop at an appropriate RMC when used with the current test load.

In addition, DOE presented data in the test procedure final rule published on May 19, 1981 from a field use survey conducted by AHAM as well as an analysis of field test data on automatic termination control dryers conducted by the National Bureau of Standards (now known as the National Institute of Standards and Technology (NIST)). Analysis of this data showed that clothes dryers equipped with an automatic cycle termination feature consume less energy than timer dryers by reducing over-drying. 46 FR 27324 (May 19, 1981).

For these reasons, DOE stated in the TP Final Rule that the test procedure amendments for automatic cycle termination proposed in the TP SNOPR do not adequately measure the energy consumption of clothes dryers equipped with such systems. As a result, DOE did not adopt the amendments for automatic cycle termination proposed in the TP SNOPR. 76 FR 972, 977 (January 6, 2011).

The following sections discuss the comments received in response to the preliminary analyses regarding the test procedures for clothes dryers and room air conditioners.

1. Clothes Dryer Test Procedure

ACEEE and Earthjustice (EJ) both commented that the DOE test procedure inadequately represents field energy use, seriously hindering efforts to develop effective regulations and sound public policy, and produces misleading information for consumers and other interested parties. (ACEEE, No. 24 at p. 2; EJ, No. 28 at p. 1)

ACEEE provided suggested test procedure changes, which are outlined in its comments and discussed in the sections below. ACEEE stated these suggested test procedure changes would improve the understanding of the overall contribution of clothes dryers to national energy consumption, the

relative performance of products currently on the market, and opportunities to improve clothes dryer energy performance (including the potential of the design options defined in DOE's analysis). ACEEE stated that its suggested test procedure changes would provide DOE better data for determining the appropriate level for standards that yield the maximum cost-effective energy savings for consumers. (ACEEE, No. 24 at p. 2) Earthjustice commented that DOE should correct errors in the existing test procedure that, according to Earthjustice, misstate the actual clothes dryer energy consumption, as identified in the report by ECOS Consulting (ECOS) (prepared for the NRDC),

and recalculate the estimates of clothes dryer energy use. (EJ, No. 28 at p. 1) As discussed above, DOE recently published the TP Final Rule amending its clothes dryer test procedure to address many of the test procedure issues identified by ACEEE and Earthjustice. DOE addresses each of these issues individually in the sections below.

A notation in the form “ACEEE, No. 24 at p. 2” identifies a written comment (1) made by the American Council for an Energy Efficient Economy (ACEEE), (2) recorded in document number 24 that is filed in the docket of this rulemaking, and (3) which appears on page 2 of document number 24.

NRDC, No. 30 at pp. 1-40.

a. Standby Mode and Off Mode

Referenced Standards

EPCA directs DOE to amend its test procedures to include measures of standby mode and off mode energy consumption. EPCA further directs DOE to amend the test procedures to integrate such energy consumption into a single energy descriptor for that product. If that is technically infeasible, DOE must prescribe a separate standby mode and off mode energy-use test procedure, if technically feasible. (42 U.S.C. 6295(gg)(2)(A)) Any such amendment must consider the most current versions of the International Electrotechnical Commission (IEC) Standard 62301 [“Household electrical appliances—Measurement of standby power,” First Edition 2005-06] and IEC Standard 62087 [“Methods of measurement for the power consumption of audio, video, and related equipment,” Second Edition 2008-09].

Id.

DOE considered IEC Standard 62087 and determined that this standard addresses the methods of measuring the power consumption of audio, video, and related equipment and is therefore inapplicable to the products covered in this rulemaking.

AHAM supported DOE's evaluation of the most current draft version of IEC Standard 62301 Second Edition, which at the time of the preliminary analysis for the standards rulemaking was designated as the Committee Draft for Vote (IEC Standard 62301 CDV), for potential revisions to address standby mode and off mode power in DOE's clothes dryer test procedure. AHAM commented that DOE would thus harmonize with international standards, including those used in Canada and Europe. (AHAM, Public Meeting Transcript, No. 21.4 at p. 30).

A notation in the form “AHAM, Public Meeting Transcript, No. 21.4 at p. 30” identifies an oral comment that DOE received during the March 16, 2010 public meeting and which was recorded in the public meeting transcript in the docket for this rulemaking (Docket No. EE-2007-BT-STD-0010), maintained in the Resource Room of the Building Technologies Program. This particular notation refers to a comment (1) made by the Association of Home Appliance Manufacturers (AHAM) during the public meeting, (2) recorded in document number 21.4, which is the public meeting transcript that is filed in the docket of this rulemaking, and (3) which appears on page 30 of document number 21.4.

In the TP NOPR, DOE discussed that IEC Standard 62301 Second Edition was expected at that time to be published in July 2009. For this reason, DOE stated in the TP NOPR that IEC Standard 62301 First Edition would be the “current version” at the time of publication of the final rule, so consideration thereof would comply with EPCA. DOE incorporated sections from IEC Standard 62301 First Edition in the proposed amendments to the clothes dryer test procedure in the TP NOPR. 73 FR 74639, 74644 (Dec. 9, 2008). DOE did not receive any comments in response to the TP NOPR objecting to the proposed testing methods and procedures referenced in IEC Standard 62301 First Edition. Therefore, the TP SNOPR did not affect DOE's proposal in the TP NOPR to incorporate by reference clauses from IEC Standard 62301 First Edition. 75 FR 37594, 37602 (June 29, 2010). In the TP Final Rule, DOE noted that the most recent draft of IEC Standard 62301 Second Edition, designated as the Final Draft International Standard (IEC Standard 62301 FDIS) had yet to be made available on IEC's public Web site and that IEC Standard 62301 Second Edition is now projected to be issued in April 2011. For the reasons stated in the TP Final Rule, DOE amended its test procedures for clothes dryers in the final rule to incorporate by reference the clauses from IEC Standard 62301 First Edition proposed in the TP SNOPR. DOE also adopted the definitions of “active mode,” “standby mode,” and “off mode” based on the language presented in IEC Standard 62301 CDV. 76 FR 972, 976-977 (January 6, 2011). DOE may consider incorporating by reference clauses from IEC Standard 62301 Second Edition when that version has been published.

Testing Procedures

As discussed in the

Referenced Standards

section, EPCA directs DOE to amend the test procedures to integrate such energy consumption into a single energy descriptor for that product. If that is technically infeasible, DOE must prescribe a separate standby mode and off mode energy-use test procedure, if technically feasible. (42 U.S.C. 6295(gg)(2)(A)) In the TP NOPR, DOE determined that it is technically feasible to incorporate measures of standby mode and off mode energy use into the overall energy use metric. 73 FR 74639, 74650 (Dec. 9, 2008). In the TP NOPR, DOE proposed to adopt the 140 hours associated with drying as the active mode hours and to associate the remaining 8,620 hours of the year with standby mode and off mode. 73 FR 74639, 74647 (Dec. 9, 2008). In the TP NOPR, DOE also proposed definitions and testing methods for multiple standby modes, including “inactive mode,” “delay start mode,” and “cycle finished mode.”

73 FR 74639, 74647-48 (Dec. 9, 2008). DOE proposed to calculate clothes dryer energy use per cycle associated with standby mode and off mode by (1) calculating the product of wattage and allocated hours for all possible standby modes and off modes; (2) summing the results; (3) dividing the sum by 1,000 to convert from watt-hours (Wh) to kWh; and (4) dividing by the number of cycles per year. 73 FR 74639, 74648 (Dec. 9, 2008). In the TP NOPR, DOE reported that the comparison of annual energy use of different clothes dryer modes showed that delay start and cycle finished modes represent a negligible percentage of total annual energy consumption. The comparison also showed that the power levels in these modes are similar to those for inactive mode and off mode. For these two reasons, DOE presented an alternate approach that would be limited to specifying the hours for only inactive mode and off mode when calculating energy use associated with standby mode and off mode. Under this alternate approach, all of the non-active mode hours (8,620) would be allocated to inactive mode and off mode. 73 FR 74639, 74648 (Dec. 9, 2008).

“Inactive mode” is defined as “a standby mode other than delay start mode or cycle finished mode that facilitates the activation of active mode by remote switch (including remote control), internal sensor, or provides continuous status display.” “Delay start mode” is defined as “a standby mode that facilitates the activation of active mode by timer.” “Cycle finished mode” is defined as “a standby mode that provides continuous status display following operation in active mode.”

In the TP NOPR, DOE proposed to establish the CEF

for clothes dryer to integrate energy use in the standby mode and off mode with the energy use of the main functions of the product. The CEF would be defined as the clothes dryer test load weight in pounds divided by the sum of the per-cycle standby and off mode energy consumption and either the total per-cycle electric dryer energy consumption or the total per-cycle gas dryer energy consumption expressed in kWh. 73 FR 74639, 74650 (December 9, 2008).

DOE proposed to use the term “Integrated Energy Factor” (IEF) in the TP NOPR. 73 FR 74639, 74650 (Dec. 9, 2008). However, in the TP SNOPR, DOE proposed to revise the name of the metric to “Combined Energy Factor” (CEF) to avoid confusion with an existing industry standard. 75 FR 37594, 37612 (June 29, 2010). DOE adopted CEF as the measure of clothes dryer energy efficiency in the TP Final Rule. 76 FR 972, 992 (January 6, 2011).

As discussed in chapter 5 of the preliminary TSD, for the preliminary analyses, DOE analyzed the cost-efficiency relationship for CEF using the alternative approach for this metric in the TP NOPR. That approach allocates all of the non-active mode hours into inactive mode and off mode energy use, and then integrates inactive mode and off mode energy use with active mode energy use.

BSH commented that, in the formula to calculate the CEF in the clothes dryer test procedure, “8620” inactive/off mode hours should be replaced by (8720—per cycle duration (hours) × 416 clothes dryer annual cycles), where 8720 = 365 days × 24 hours per day. According to BSH, the standby mode is not valid during the active mode and, therefore, the duration of the active mode should be subtracted from the hours per year when calculating the standby energy consumption. (BSH, No. 23 at p. 5) DOE notes that the estimate for active mode hours presented in the TP NOPR was fixed based on the number of such hours specified in the existing test procedure (140 hours). 73 FR 74646-7 (Dec. 9, 2008). DOE acknowledges that its estimate of the number of cycles per year has decreased. As discussed in the TP Final Rule, DOE notes that changes to the initial RMC, test load size, and specified water temperature for test load preparation may also affect cycle time and the number of active mode hours per year. DOE is not aware, however, of any data indicating that the number of active mode hours has changed and, if so, what a more accurate number might be. Therefore, DOE did not adopt amendments to the number of active mode hours in the TP Final Rule. 76 FR 972, 988 (January 6, 2011). For these reasons, DOE believes that using the 140 annual active mode hours, as specified in the existing test procedure, to determine the number of annual inactive mode and off mode hour of 8,620, as adopted in the TP Final Rule (76 FR 990), provides a more representative estimate of consumer use than the method suggested by BSH.

b. Automatic Cycle Termination

In the framework document, DOE stated the clothes dryer test procedure may not adequately measure the benefits of automatic cycle termination, in which a sensor monitors either the exhaust air temperature or moisture in the drum to determine the length of the drying cycle. Currently, the test procedure provides a single field use factor for the enhanced performance of clothes dryers equipped with automatic termination. This single field use factor does not distinguish between the type of sensing control system (for example, temperature-sensing or moisture-sensing controls) and the accuracy of the control system. In chapter 2 of the preliminary TSD, DOE stated that it agrees that the effects of automatic cycle termination should be more accurately measured in its clothes dryer test procedure, and that this effect should properly account for any over- or under-drying. Thus, DOE noted it was considering clothes dryer test procedure amendments to address automatic cycle termination in the active mode test procedure rulemaking. In response, interested parties commented on the following topics relating to automatic cycle termination.

Definition of Automatic Termination Control

The Joint Petitioners commented that DOE should revise section 1.11 of 10 CFR 430 subpart B, appendix D to more clearly account for electronic controls by specifying that a preferred automatic termination control setting can also be indicated by a visual indicator (in addition to the mark or detent). The clarification would read “* * * mark, visual indicator or detent which indicates a preferred * * *” (Joint Petitioners, No. 33 at p. 25) As discussed in the TP Final Rule, DOE agreed that a clarification should be added to the definition of “automatic termination control.” The clarification would be that a mark, detent, or other visual indicator which indicates a preferred automatic termination control setting must be present if the dryer is to be classified as having an automatic termination control. DOE so revised the definition in the TP Final Rule. 76 FR 972, 978 (January 6, 2011).

Testing Procedures

AHAM commented in response to the preliminary analyses that it continues to support the use of the automatic termination field use factor as currently specified by the DOE clothes dryer test procedure. AHAM stated that clothes dryers utilize different algorithms to determine when the drying cycle should end, and any evaluation of a different approach will need to be thoroughly investigated and should not be based on DOE test results from four sample units. AHAM proposed that DOE conduct a study that evaluates: (1) The accuracy of the DOE field use factor for today's products; and (2) the repeatability and reproducibility of a procedure where cycle end is determined by a moisture or temperature sensor. (AHAM, No. 25 at p. 13)

Whirlpool commented that its testing showed significant improvement in the performance of sensors and automatic termination cycles when using systems that incorporate sensors that directly measure the moisture level of the clothes. Based on these test results, Whirlpool recommended that an additional automatic termination factor be included that would be equal to 1.01 to provide an appropriate field use factor for clothes dryers that utilize improved moisture sensor systems. (Whirlpool, No. 22 at p. 5)

After the publication of the preliminary analyses, the Joint Petitioners submitted the Joint Petition, in which they commented that DOE should modify the clothes dryer test procedure to address the effectiveness of automatic termination controls (for example, moisture sensor and temperature sensor controls). (Joint Petitioners, No. 33 at p. 25) Pacific Gas & Electric (PG&E), Southern California Gas Company (SCGC), San Diego Gas and Electric Company (SDGE), and Southern California Edison (SCE) jointly (hereafter the “California Utilities”). NRDC, and NEEP commented that the current DOE test procedure does not test the effectiveness of control sensors, which was found to vary significantly. (California Utilities, No. 31 at p. 3; NRDC, No. 26 at pp. 1, 2; NRDC, No. 30 at p. 29; NEEP, No. 27 at p. 3) NRDC, NEEP, and the California Utilities stated that the DOE test procedure is unrealistic and tests only the bulk-drying stage. In addition, by not testing the high-heat stage (which contributes very little to drying clothes) and instead applying a field use factor, the current test methods overestimate the efficiency of the clothes dryer. The current test methods also do not appropriately measure the energy use of clothes dryers

that use more effective controls to limit the energy consumption of the high-heat stage. (NRDC, No. 26 at pp. 1, 2; NRDC, No. 30 at p. 29; NEEP, No. 27 at p. 3; California Utilities, No. 31 at p. 3) NRDC added that the ECOS report stated that there is not much variation in efficiency of the bulk drying stage among different clothes dryers. However, there are considerable differences in the energy consumption of the high-heat stage, which is not measured by the DOE test procedure. (NRDC, No. 30 at p. 23) The ECOS report found that the difference between a standard clothes dryer and one that is effective at turning itself off when clothes are actually dry is about 0.76 kWh per load (5,000 kWh over typical lifetime). (NRDC, No. 26 at pp. 1, 2) The California Utilities also added that according to the ECOS report, clothes dryers, even with the same sensors, can use very different control algorithms that result in substantial variations between clothes dryers in the length of, and the amount of energy consumed during, the high-heat stage. (California Utilities, No. 31 at p. 3)

NRDC commented that DOE should change its test procedure to measure at dryness levels less than 5-percent RMC with logging equipment that provides data enabling the lab to calculate when 5-percent RMC is reached and how long the clothes dryer continues to run thereafter. (NRDC, No. 26 at pp. 1, 2; NRDC, No. 30 at pp. 29-30) The California Utilities, ACEEE, and NPCC also commented that the test procedure should let the clothes dryer run until automatic shutoff, allowing the clothes dryer's sensors and termination controls to operate as intended, which would: (1) Be more representative of actual consumer behavior and give a better measure of expected energy use for consumers; (2) avoid the need for a field use factor to account for high-heat stage energy use and instead measure energy use directly; (3) appropriately measure the energy use of clothes dryers with better termination controls and encourage innovation in these controls; and (4) make the test procedure easier because the technician does not need to keep weighing the clothes. (California Utilities, No. 31 at pp. 3-4, 12; ACEEE, No. 24 at pp. 1-2; NPCC, No. 32 at pp. 1-2)

The California Utilities recommended the following amendments to section 3.3, “Test cycle” of the clothes dryer test procedure:

• Set the clothes dryer for its “Normal” or “Cotton” cycle. If this in turn sets a temperature or dryness control, leave those controls at the default setting. If a temperature control must also be set, set it for “High heat” or “Cotton.” If a dryness control must also be set, set it for “Normal dry” or midway between “More dry” and “Less dry.”

• Allow the clothes dryer to run until its cycle is complete. Promptly remove and weigh the test load. If it contains 5-percent or less RMC, the test cycle is complete.

• If the test load contains more than 5-percent RMC, return the load to the clothes dryer and reset the controls. In this case, the dryness control would then be set for “Maximum dry” and the cycle would be run to completion again and the test load weighed. Repeat if necessary until the RMC is 5 percent or less.

• Total the amount of electricity (and gas if applicable) used during the initial default cycle and any subsequent cycles. (California Utilities, No. 31 at p. 4)

The California Utilities also stated that section 4 of the DOE test procedure would be modified to remove all references to the field use factor. That factor is no longer needed because the test cycle now represents a typical consumer use cycle (including both the bulk-drying and high-heat stages), and would be omitted from all calculations. (California Utilities, No. 31 at p. 4) The California Utilities stated that the clothes dryers tested for the ECOS report using the default settings of the “Normal” or “Cotton” cycles all resulted in RMCs between 0 and 3 percent at the completion of the clothes dryer cycle. Therefore, it may be reasonable to assume that the additional cycles will rarely be used. The California Utilities stated that the additional cycles are included in their proposal to prevent a manufacturer from creating a default cycle that saves energy by not actually getting the clothes adequately dry. The California Utilities also stated that their proposed procedure represents the most likely consumer response to clothes that did not get dry the first time. (California Utilities, No. 31 at p. 4)

The California Utilities also commented that, under their recommended test procedure changes for automatic cycle termination, there is a noticeable difference in energy consumption between the best and worst clothes dryers. For clothes dryers that respond effectively when the clothes have reached 5-percent RMC by discontinuing the application of heat and allowing the residual heat in the clothes to evaporate the remaining moisture, the energy measured under the new test cycle will be very similar to the energy measured under the current DOE test procedure, as the shutoff point will occur near 5-percent RMC under either test. The California Utilities stated that its proposed test procedure would more accurately measure the real contribution of automatic termination controls and mimic consumer behavior. As a result there would be no need to use a field use factor for clothes dryers with automatic termination controls. (California Utilities, No. 31 at p. 4)

BSH commented that DOE should test clothes dryers using the automatically controlled programs including the cool-down phase. According to BSH, timer dryers waste energy because consumers will set a longer drying time than required to ensure the desired drying results, resulting in over-drying. BSH commented that a change in the test procedure to measure the real final moisture content for automatically controlled dryers will show the differences between competitive clothes dryers. BSH also commented that the cool-down phase is, in automatically controlled dryers, an essential part of the process to use the energy in the most efficient way, and that the heat accumulated in the appliance and the laundry may be used to finish drying the laundry and increase the efficiency of the clothes dryer. (BSH, No. 23 at pp. 4-5)

NRDC commented that the ECOS report states that newer clothes dryers are capable of moisture-sensing drying, but that feature can be (and likely routinely is being) overridden by consumers who continue to operate clothes dryers on a time basis as they always have. NRDC added that the ECOS report states that DOE should require manufacturers to incorporate moisture sensing into the timed cycle to ensure that the heating element shuts off and that airflow is greatly reduced once the clothes are dry. (NRDC, No. 30 at p. 29)

As discussed above in this section, DOE proposed amendments to its clothes dryer test procedure in the TP SNOPR to more accurately account for automatic cycle termination. However, as discussed in the TP Final Rule, DOE conducted testing on a sample of representative clothes dryers according to the amendments to the test procedure for automatic cycle termination proposed in the TP SNOPR. The tests consisted of running the clothes dryer on a “normal” automatic termination setting and stopping the clothes dryer when the heater switches off for the final time (immediately before the cool-down period begins). Three identical tests were conducted for each clothes dryer unit, and the results were averaged. DOE first noted that not all of the clothes dryers offered a “normal” cycle setting. For those clothes dryers,

DOE chose the cycle that would most closely match a “normal” cycle. The results of this testing, presented below in Table III.1, showed that the tested clothes dryers had a measured EF of between 12.4 percent and 38.8 percent lower than the EF measured according to the current DOE clothes dryer test procedure. DOE also noted that all of tested units dried the test load to final RMCs well below the target RMC of 5 percent, ranging from 0.4 percent to 1.4 percent RMC, with an average of 0.8 percent. DOE also noted that even if the field use factor for a timer dryer is applied to the measured EF for a clothes dryer equipped with automatic cycle termination, using the current DOE clothes dryer test procedure (to add the fixed estimate of over-drying energy consumption associated with time termination control dryers), this EF would still be less than the EF measured under the automatic cycle termination test procedure amendments proposed in the TP SNOPR. 76 FR 972, 999 (January 6, 2011).

Table III.1—DOE Clothes Dryer Automatic Cycle Termination Tests

Test unit

Current DOE test procedure

lb/kWh

Current DOE

test procedure

w/modified

field use

factor *

lb/kWh

Proposed automatic cycle

termination test procedure

lb/kWh

% Change

Final RMC

Vented Electric Standard:

Unit 3

3.20

2.82

2.59

−19.1

1.0

Unit 4

3.28

2.89

2.59

−21.2

0.6

Vented Gas:

Unit 8

2.83

2.50

2.42

−14.5

0.4

Unit 9

2.85

2.51

2.38

−16.3

0.9

Unit 11

2.98

2.63

2.40

−19.5

0.9

Vented Electric Compact 240V:

Unit 12

3.19

2.81

2.64

−17.3

0.5

Unit 13

2.93

2.59

2.27

−22.7

1.4

Vented Electric Compact 120V:

Unit 14

3.23

2.85

1.98

−38.8

0.7

Ventless Electric Compact 240V:

Unit 15

2.37

2.09

2.07

−12.4

1.1

* Field use factor changed from 1.04 for clothes dryers with automatic termination to 1.18 for timer dryers.

In the TP Final Rule, DOE stated that these test results showed significantly higher measured energy use for clothes dryers tested under the DOE test procedure with the proposed automatic cycle termination amendments. DOE evaluated possible reasons for this difference. DOE concluded that given the test load specified in the test procedure,

the proposed automatic cycle termination control procedures may not adequately measure clothes dryer performance. As discussed in the previous paragraph, DOE believes that, although automatic termination control dryers may be measured as having a lower efficiency than a comparable dryer with only time termination control if tested according to the proposed test procedure, automatic termination control dryers may in fact be drying the clothing to approximately 5-percent RMC in real world use. DOE believes that automatic termination control dryers reduce energy consumption (by reducing over-drying) compared to timer dryers based on analysis of the AHAM field use survey and analysis of field test data conducted by NIST. 46 FR 27324 (May 19, 1981).

The DOE clothes dryer test load is comprised of 22 in x 34 in pieces of 50/50 cotton/polyester-blend cloth.

For these reasons, DOE stated in the TP Final Rule that it believes that the test procedure amendments for automatic cycle termination proposed in the TP SNOPR do not adequately measure the energy consumption of clothes dryers equipped with such systems. As a result, DOE did not adopt the amendments for automatic cycle termination proposed in the TP SNOPR. 76 FR 972, 1000 (January 6, 2011). DOE noted that if data is made available to develop a test procedure that accurately measures the energy consumption of clothes dryers equipped with automatic termination controls, DOE may consider revised amendments in a future rulemaking.

With regard to NRDC's comment that DOE should require manufacturers to incorporate moisture sensing into the timed cycle, DOE notes that EPCA defines an energy conservation standard as either a performance standard or, for certain products including clothes dryers, a design requirement. (42 U.S.C. 6291(6)) EPCA also specifies that DOE may set more than one energy conservation standard for products that serve more than one major function by setting one energy conservation standard for each major function. (42 U.S.C. 6295(o)(5)) DOE notes the energy conservation standards for clothes dryers set forth in this final rule are based on drying performance and that an additional precriptive standard to require manufacturers to incorporate moisture sensing into the timed dry cycle would address the same major function of the drying performance. For these reasons, DOE is not adopting an additional prescriptive requirement for clothes dryers.

DOE believes that the alternate test procedure for automatic cycle termination recommended by the California Utilities is similar to the test cycle proposed by DOE in the TP SNOPR. DOE notes that the California Utilities' recommendations would clarify the settings to be used in cases where a “Normal” cycle or “High heat” temperature setting was not clearly specified. DOE does not believe that this added clarification would resolve the issues with the proposed automatic cycle termination test procedure identified in this section because the setting used during DOE testing would be the same under the California Utilities' recommendation. In addition, DOE notes that the California Utilties' recommendation to specify the “Normal dry” setting is generally the default setting under the “Normal” cycle. DOE also notes that the “Normal dry” setting was used during its testing, and as a result this clarification would not resolve the issues associated with the

automatic cycle termination test procedure identified above. Finally, DOE notes the California Utilities' recommendation that if the test load contains more than 5-percent RMC, the test load would be placed back in the clothes dryer and the cycle would be run again using the “Maximum dry” setting is similar to the proposed amendments in the TP SNOPR. However, the proposed amendments in the TP SNOPR would require the test be re-run from the start using the specified initial RMC and the “Maximum dry” setting. The California Utilities' recommendations would require that the test load with the RMC at the end of the first test cycle be re-run on a cycle with the “Maximum dry” setting and the energy would then be accumulated. DOE believes that this recommendation would not resolve the issue of the significant over-drying observed during testing because it addresses cases only in which the test load under-dries. For these reasons, DOE is not adopting the alternate test procedure for automatic cycle termination recommended by the California Utilities. If DOE considers adopting test procedure amendments for automatic cycle termination in a future rulemaking, it may consider these recommendations.

Cycle Settings

NRDC commented that the testing described in the ECOS report showed that automatic termination cycles using lower heat settings or lower dryness level reduce energy consumption and increase efficiency because less energy is spent heating air, cloth, and metal. NRDC commented that the ECOS report summarized testing results for one clothes dryer that showed that the difference in energy consumption between the highest and lowest heat settings was 13 percent and that the drying time increased (from 35 to 49 minutes), but very similar final RMCs were achieved. (NRDC, No. 30 at p. 22) NRDC commented that the ECOS report found that a “normal dry” setting removed practically all of the water (producing a final RMC of less than 1 percent), making the “more dry” setting appear to be unnecessary. The ECOS report stated that the “normal dry” used about 12 percent less energy than the “more dry” setting, and the “less dry” setting saved another 18 percent, but did leave residual moisture in the clothes. NRDC commented that the ECOS report added that in all but the highest humidity climates, the “less dry” setting may be fully adequate and would give considerable energy savings.

Id.

NRDC commented that DOE should measure the efficiency of different clothes dryer settings, in particular the “more dry” setting, which the ECOS report stated may not be warranted because the “normal dry” settings remove effectively all of the moisture. (NRDC, No. 26 at pp. 1, 3)

As discussed in the previous section, DOE did not adopt amendments to more accurately account for automatic cycle termination in the TP Final Rule. Therefore DOE did not consider amendments to the clothes dryer test procedure to measure the efficiency of different clothes dryer automatic cycle termination temperature and dryness level settings.

Effect of Automatic Cycle Termination Test Procedure on Measured Energy Factor

The California Utilities stated that under their proposed test procedure, the 4 percent field use factor would not be necessary; therefore removing it would reduce apparent (reported) energy use by 4 percent. Instead of EFs from 3.01 to 3.4, these clothes dryers would be rated at EF from 3.13 to 3.54. According to the California Utilities, these higher ratings are appropriate because these clothes dryers stop quickly and save the consumer energy under real world operating conditions. (California Utilities, No. 31 at pp. 4-5) NRDC commented that the ECOS report summarized testing results that showed that some electronically controlled dryers could detect the clothes were already dry and shut down after 5 to 15 minutes, while electromechanically controlled dryers needed up to 50 minutes before shutting down. (NRDC, No. 30 at pp. 29-30) The California Utilities also noted that one clothes dryer tested in the ECOS report ran for an additional 30 minutes after reaching 5 percent RMC because of an inefficient control algorithm and would test with an EF of about 2.51 under their proposed test procedure. According to the California Utilities, this lower rating would be appropriate, because in real practice this dryer would significantly increase clothes dryer energy use. (California Utilities, No. 31 at p. 5) The California Utilities commented that a real savings opportunity exists simply through an improved test procedure (as they proposed), which will better characterize the real-world energy performance of dryers. The California Utilities added that dryers that meet the baseline EF under the current test procedure but have poor automatic termination controls will not meet the same EF under a revised test. Thus, those dryers will have to improve to meet the baseline EF of 3.01. The California Utilities added that, if tested using their proposed test procedure, the least efficient clothes dryers in the sample of clothes dryers in the ECOS report will need to increase their efficiency by 20 percent or more to meet the current energy conservation standard. (California Utilities, No. 31 at p. 5)

As discussed in the Test Procedures section, DOE did not adopt the amendments to the clothes dryer test procedure to better account for automatic cycle termination that were proposed in the TP SNOPR. As a result, DOE is not considering any revisions to the energy conservation standards based on the proposed amendments for automatic cycle termination in the TP SNOPR. If DOE considers potential amendments for automatic cycle termination in a future rulemaking, it would also consider any necessary revisions to the energy conservation standards. In addition, as discussed above, DOE noted that the alternate test procedure for automatic cycle termination recommended by the California Utilities is similar to the test cycle proposed by DOE in the TP SNOPR. As a result, DOE does not believe the measured EF would be different between the proposed amendments in the TP SNOPR and the California Utilities' recommendations except for cases in which the test load is not dried to below 5-percent RMC. In this case the California Utilities' recommendations would require that the measured energy consumption from any additional test cycles using the “Maximum dry” setting be added to the energy consumption from the first test cycle, whereas the measured efficiency under the proposed amendments in the TP SNOPR would be based on only the re-run test cycle using the “Maximum dry” setting. However, for the reasons discussed above, DOE believes that the California Utilities' recommendations would not resolve the issue of the significant over-drying observed during DOE testing. As a result, DOE is not adopting the alternate test procedure for automatic cycle termination recommended by the California Utilities and therefore is not considering any revisions to the energy conservation standards based on these recommendations.

c. Ventless Clothes Dryers

For the reasons discussed in section IV.A.3.a of this direct final rule, DOE defines two new product classes in this rulemaking for ventless clothes dryers. The clothes dryer test procedure at 10 CFR part 430, subpart B, appendix D is unable to test ventless clothes dryers, which include condensing clothes

dryers as well as combination washer/dryers. Ventless clothes dryers do not vent exhaust air to the outside as a conventional, vented dryer does. Instead, they typically use ambient air in a heat exchanger to cool the hot, humid air inside the appliance, thereby condensing out the moisture. Alternatively, cold water can be used in the heat exchanger to condense the moisture from the air in the drum. In either case, the dry air exiting the drum is reheated and recirculated in a closed loop. Thus, rather than venting moisture-laden exhaust air outside, ventless clothes dryers produce a wastewater stream that can be either collected in an included water container or discharged down the household drain. The process of condensing out the moisture in the recirculated air results in higher energy consumption than a conventional dryer, and it can significantly increase the ambient room temperature.

To address the potential limitation of the clothes dryer test procedure for ventless dryers, DOE proposed an alternate test procedure for ventless dryers in the TP SNOPR and adopted this procedure in the TP Final Rule. [75 FR 37594, 37620 (June 29, 2010); 76 FR 972, 976-977 (January 6, 2011)] The alternate test procedure consists of adding separate definitions for a “conventional clothes dryer” (vented) and a “ventless clothes dryer.” Further, the alternate test procedure qualifies the requirement for an exhaust simulator so that it would only apply to conventional clothes dryers. DOE also adopted provisions to clarify the testing procedures for ventless clothes dryers, including requirements for clothes dryers equipped with a condensation box, requirements for the condenser heat exchanger, and specifications for ventless clothes dryer preconditioning. DOE also adopted clarifications in the TP Final Rule to provide explicit instructions as to the procedure for re-running the test cycle when the condensation box is full. DOE also revised the requirement for ventless clothes dryer preconditioning to remove the maximum time limit for achieving a steady-state temperature. DOE also included additional editorial clarifications to the testing procedures for ventless clothes dryers. 76 FR 972, 976-977 (January 6, 2011).

In chapter 2 of the preliminary TSD, prior to adoption of the TP Final Rule, DOE stated that it was considering amendments to its clothes dryer test procedure to allow for the measurement of the energy efficiency of ventless clothes dryers in its active mode test procedure rulemaking.

The Joint Petitioners commented that DOE should create a ventless clothes dryer (including ventless combination washer/dryer) test procedure to inform a baseline energy consumption level for this new product category. (Joint Petitioners, No. 33 at p. 25)

AHAM suggested that DOE incorporate language from the alternate test procedure presented in the LG's Petition for Waiver and Denial of the Application for Interim Waiver (71 FR 49437, 49439 (Aug. 23, 2006)), with the additional changes that the term “condensing clothes dryer” be changed to “ventless clothes dryer” and “HLD-1” be changed to “AHAM HLD-1.” AHAM stated that DOE should validate the proposed test procedure approach and the resultant energy consumption values through a viable statistical method. AHAM stated that it is not in a position to provide data on ventless products due to the small number of products in the proposed “compact ventless” product class. According to AHAM, ventless clothes dryers, when tested using the dryer-centric approach presented by DOE in the LG Petition for Waiver, will appear to have higher energy consumption (kWh per year) than conventional vented clothes dryers. (AHAM, No. 25 at p. 4)

Whirlpool commented that its proposal, which provides amendments to the DOE test procedure to include methods for testing of ventless clothes dryers, improves upon the DOE proposal for the ventless clothes dryer test procedure because it takes into account technical differences between vented and ventless clothes dryers.

(Whirlpool, No. 13 at pp. 1-22) Whirlpool indicated that their proposal was a draft only and they would be willing to work with DOE to make revisions or enhancements to this proposal. (Whirlpool, No. 22 at p. 1)

Whirlpool's proposed amendments for ventless clothes dryers included: (1) Definitions of “conventional” and “condensing” clothes dryers; (2) installation conditions; (3) requirements for clothes dryer preconditioning; (4) requirements for condensation boxes and condenser units; and (5) requirements for test cycle measurements.

In the TP Final Rule, DOE adopted testing methods for the testing of ventless clothes dryers based on the alternate test procedure proposed in the TP SNOPR; the amendments suggested by Whirlpool; and additional language from the internationally accepted test standards Australia/New Zealand (AS/NZS) Standard 2442, “Performance of household electrical appliances—Rotary clothes dryers” and European Standard EN 61121, “Tumble dryers for household use—Methods for measuring the performance,” Edition 3 2005 (EN Standard 61121). 76 FR 972, 976 (January 6, 2011). Also noted in the TP Final Rule, DOE used the term “ventless” instead of “condensing,” as suggested by AHAM, to reflect the actual consumer utility (that is, no external vent required) because it is possible that vented dryers that also condense may become available on the market.

Id.

DOE also conducted testing for the TP Final Rule to evaluate the repeatability of the amended test procedure for ventless dryers. As detailed in the TP Final Rule, ventless electric compact 240V dryers and ventless electric combination washer/dryers showed less than 1 percent variation and less than 3.5 percent variation in EF from test to test, respectively. DOE stated in the TP Final Rule that it believes that the amendments for ventless clothes dryers produce repeatable measurements of EF. 76 FR 972, 1009 (January 6, 2011). DOE also notes that the measured EF values for ventless electric compact (240V) dryers and ventless electric combination washer/dryers tested according to the DOE test procedure at appendix D, using only the amendments for ventless clothes dryers (2.37 and 2.02, respectively), are in close agreement with the baseline values proposed in the preliminary analyses shown below in Table IV.15 and Table IV.16. Therefore, DOE did not revise the baseline EF levels for the ventless clothes dryer product classes.

In response to AHAM's comment that “HLD-1” should be changed to “AHAM HLD-1,” DOE has adopted this editorial change in the TP Final Rule. 76 FR 972, 1032 (January 6, 2011).

BSH commented that DOE should consider the condensation rate for ventless clothes dryers. BSH added that the condensation rate efficiency is an important indicator to measure. (BSH, No. 23 at p. 4) DOE notes that EN Standard 61121 provides for a measurement of the condensation rate efficiency. However, this measurement is not used in the calculation of energy use, which considers only the energy required to dry the load to a specified final RMC. However, DOE also notes that the ability of a ventless clothes dryer to condense moisture directly affects the energy use per-cycle. For example, if a ventless clothes dryer has a lower condensation efficiency, the air recirculated into the drum would contain more moisture and thus would be able to remove less moisture from the test load. As a result, the energy use of such a ventless clothes dryer would be greater than a ventless clothes dryer with a higher condensation efficiency because it would need to run for a

longer time to condense the same amount of moisture from the test load. Therefore, DOE believes that the condensation efficiency of a ventless clothes dryer is sufficiently accounted for in the measurement of the per-cycle energy consumption. For these reasons, DOE is not providing for a measurement of condensation efficiency of a clothes dryer.

NRDC questioned whether ventless electric combination washer/dryers are going to be tested in drying mode only or as a unit with washing and drying capability. NRDC stated that, according to the ECOS report, there is a potential for energy savings if manufacturers are allowed to test units together that work together, because it is more efficient to manually remove the water than to dry it. NRDC supported the ECOS report suggestion that DOE consider a testing and labeling program based on the total energy use, cost, and CO

emissions for washing and drying a standard load of clothes. According to the ECOS report submitted by NRDC, highly efficient clothes washers greatly decrease the amount of work that a clothes dryer needs to do, but that a clothes dryer is less efficient when drying loads with lower initial RMCs. (NRDC, Public Meeting Transcript, No. 21.4 at p. 22; NRDC, No. 30 at pp. 31-32) Whirlpool commented that the development of a test procedure for ventless electric combination washer/dryers is not worth the time and resources necessary to develop it and suggested that DOE not proceed with such an effort. (Whirlpool, No. 22 at p. 1) DOE is not aware of repeatable and representative test methodologies to accurately measure the efficiency of a combined wash-dry cycle. DOE notes that the clothes washer test procedure requires the measurement of multiple load sizes (minimum, maximum, and average values) as well as multiple cycle settings and water temperatures, but the clothes dryer test procedure requires only a single test load size with a single timed dry cycle with the highest temperature setting. DOE is not aware of how the test load sizes and cycle settings would be aligned to produce accurate and representative test results. DOE also notes that the maximum load size for the washing portion of the cycle (sized according to the capacity of the drum), may be larger than the load size recommended by manufacturers for the drying portion of the cycle, and thus it is not clear what size test load should be specified for a combined cycle. For these reasons, DOE is not adopting a test procedure to measure a full combined wash-dry cycle. DOE also notes that the efficiency of the washer portion of a combination washer/dryer is covered under the minimum energy conservation standards for clothes washers, and that the TP Final Rule amended the clothes dryer test procedure to include methods for measuring the energy use of the drying portion of a combination washer/dryer.

d. Consumer Usage Habits

Annual Cycles

DOE published a final rule on August 27, 1997, amending the DOE clothes washer test procedure to lower the annual clothes washer use cycle value from 416 to 392 cycles per year, a value DOE determined to be more representative of current usage patterns. 62 FR 45484. Further, the revised DOE clothes washer test procedure assumes that 84 percent of all clothes washer loads are dried in clothes dryers. Thus, the annual usage pattern for clothes dryers would be 329 cycles per year. In addition, in the recently proposed amendments to the clothes washer test procedure, DOE proposed to amend the number of cycles per year to 295. 75 FR 57556, 57564 (Sept. 21, 2010). In contrast, the current DOE residential clothes dryer test procedure in appendix D assumes an average annual clothes dryer use of 416 cycles per year. (10 CFR 430.23(d)(1))

DOE stated in chapter 2 of the preliminary TSD that it was reviewing available data on the number of annual clothes dryer cycles, and would consider amendments to its test procedure to accurately reflect the number of annual clothes dryer cycles for the clothes dryer tests.

The Joint Petitioners and ACEEE commented that DOE should update the number of clothes dryer cycles per year based on the best available data (ideally based on a nationally representative sample). (Joint Petitioners, No. 33 at p. 25; ACEEE, No. 24 at p. 1) The California Utilities supported reducing the clothes dryer cycles per year from 416 to 329 to reflect new Energy Information Administration (EIA)'s “Residential Energy Consumption Survey” (RECS) survey data on household use. (California Utilities, No. 31 at pp. 2-3, 12) According to AHAM, a recent Proctor & Gamble (P&G) consumer survey showed that the average consumer dries 5.35 loads per week, or 278 load per year, which is essentially identical to the value estimated by RECS (279 cycles per year), providing good verification for the RECS approach. AHAM commented that DOE should ensure that any value used in the economic portion of the rulemaking analysis (that is, cycles per year) be used in the engineering analysis, and that the test procedure be modified to reflect this value. (AHAM, No. 25 at p. 9)

As discussed in the TP Final Rule, DOE amended its clothes dryer test procedure to change the number of clothes dryer cycles per year from 416 to 283 based on data from the 2005 RECS. 76 FR 972, 977 (January 6, 2011). DOE notes that this value is in close agreement with the estimates provided in the P&G data (278 cycles per year). DOE also noted in the TP SNOPR that data from the 2004 California Statewide Residential Appliance Saturation Study (RASS), which surveyed appliance product usage patterns, including clothes dryers, indicated an average of 4.69 loads per week, or approximately 244 loads per year, which is in agreement with the downward trend of the number of clothes dryer cycles per year. Because the 2004 California Statewide RASS provides only a limited dataset, however, DOE stated in the TP SNOPR that it did not intend to rely only on this data to determine an appropriate number of annual use cycles for the clothes dryer test procedure. 75 FR 37594, 37625 (June 29, 2010). DOE believes that these data sources provide sufficient justification for the revised value of 283 cycles per year using the RECS-based approach.

Cycle Time

Edison Electric Institute (EEI) commented that DOE's assumption of 8,620 standby hours leaves 140 active mode hours which would correspond to 20 minutes per drying cycle (if the assumption is that there are 416 dryer cycles per year). EEI questioned whether this was accurate and stated that DOE should review those numbers. (EEI, Public Meeting Transcript, No. 21.4, at p. 49) DOE notes that the TP Final Rule amends the DOE clothes dryer test procedure to lower the initial RMC of the clothes load from 70 percent to 57.5 percent which will result in a decreased cycle time. DOE also notes that the amendments in the TP Final Rule to increase the test load size for standard size dryers from 7 lb. to 8.45 lb. as well as changing the water temperature for test load preparation from 100 °F to 60 °F will result in an increased cycle time. 76 FR 972, 988 (January 6, 2011). The TP Final Rule also amended the clothes dryer test procedure to change the number of cycles per year from 416 to 283. 76 FR 977. Based on the amendment to the number of annual use cycles, DOE notes that the cycle length would be approximately 30 minutes (140 annual active mode hours/283 active mode cycles per year). DOE is

unaware, however, of consumer usage data indicating that the number of active mode hours per year has changed. For these reasons, DOE did not change the number of clothes dryer active mode hours in the TP Final Rule.

Initial RMC

The DOE clothes dryer test procedure in appendix D specifies that the clothes load have an initial RMC of 70 ± 3.5 percent. DOE stated in the preliminary TSD that a review of residential clothes washer models in the California Energy Commission (CEC) product database suggests that the average RMC is less than the nominal 70 percent that is currently provided for in the DOE clothes dryer test procedure. Therefore, DOE stated it was considering amendments to the clothes dryer test procedure to address RMC.

The Joint Petitioners and ACEEE commented that DOE should update the initial RMC based on the best available data (ideally based on a nationally representative sample). (Joint Petitioners, No. 33 at p. 25; ACEEE, No. 24 at p. 1) NRDC commented that DOE's initial RMC assumptions do not reflect today's washing machines and should be revised to better reflect current washer technology. (NRDC, No. 26 at pp. 2, 4) NRDC commented that the ECOS report summarized test results for a single clothes washer which showed that the RMCs after the wash cycle is finished are 70-percent RMC for cotton bath towels and 40-percent RMC for the DOE 50/50 cotton/polyester test cloths. (NRDC, No. 30 at pp. 30-31) NRDC also stated that the energy consumption of a clothes dryer decreases when the initial RMC is lower, but not in direct proportion to the lowered water content because energy is still used to heat and move the air, cloth and metal. (NRDC, No. 26 at pp. 2, 4) The California Utilities and the NPCC both supported reducing the initial RMC from the current 70 percent to a value nearer to 56 percent, based on data submitted by AHAM, recognizing that today's washers have faster spin speeds and typically leave less water in the clothes. (California Utilities, No. 31 at pp. 2, 12; NPCC, No. 32 at p. 2) However, NPCC also commented that even an initial RMC of 56 percent may not reflect the RMC produced by higher efficiency clothes washers that may be required as a result of the current DOE rulemaking for those products. NPCC commented that the average RMC for clothes washers in the July 2008 CEC appliance product directory was only 46 percent (as presented by DOE), which is well below its proposed revised value. (NPCC, No. 32 at p. 2)

AHAM and Whirlpool supported using the industry shipment-weighted average residential clothes washer RMC of 47 percent derived from data provided by AHAM. They commented that DOE should use the 47-percent RMC in both the engineering and economic analyses; modify the test procedure by changing the RMC from 70 percent to 47 percent; and modify the baseline energy factor to reflect the change in the test procedure. Whirlpool added that failure to do so will result in overstating clothes dryer energy use, thus rendering all payback and LCC calculations erroneous. (AHAM, No. 25 at p. 10; Whirlpool, No. 22 at pp. 2-3) AHAM also stated that data collected by industry showed a 22-percent increase in EF when the initial RMC is changed to 56 percent. AHAM commented that they expect EF will increase further as RMC is reduced to 47 percent, but that the relationship is not expected to be linear. (AHAM No. 25 at p. 10)

BSH also commented that it supports reducing the initial RMC for testing purposes, and added that the DOE test procedure should be defined before any energy conservation standard levels are established. (BSH, No. 23 at p. 6) BSH also commented that it should be clarified which energy consumption results from each change in the test procedure before a suitable classification can be done and added that a round robin test may be helpful to estimate the energy levels. (BSH, No. 23 at p. 6)

In the TP SNOPR, DOE proposed to change the initial RMC from 70 percent to 47 percent based on shipment-weighted clothes washer RMC data provided by AHAM. 75 FR 37594, 37626-31 (June 29, 2010). As discussed in the TP Final Rule, DOE received comments in response to the TP SNOPR that the shipment-weighted average RMC value in the AHAM data was based on the clothes washer RMC, which uses an RMC correction factor to normalize testing results from different lots of test cloth, but the DOE clothes dryer test procedure should instead use the uncorrected RMC value. DOE determined that an initial clothes dryer RMC of 57.5 percent more accurately represents the moisture content of current laundry loads after a wash cycle for the purposes of clothes dryer testing, derived from the 47-percent shipment-weighted RMC for clothes washers (that was based on analysis of data provided by AHAM) without the application of the RMC correction factor specified in the DOE clothes washer test procedure, as discussed above in this paragraph. DOE validated this estimate using clothes washer uncorrected RMC data from testing of a limited sample of representative clothes washers for the DOE clothes washer energy conservation standards rulemaking. As a result, the TP Final Rule amended the DOE clothes dryer test procedure to adopt this value for the initial RMC. 76 FR 972, 977 (January 6, 2011). As discussed in section IV.C.2.a, DOE conducted testing for the TP Final Rule in order to analyze how the amendments to the test procedure, including the change to the initial RMC, would affect the measured efficiency of clothes dryers.

Load Size

Currently the DOE test procedure for clothes dryers requires a 7.00 lb. ± .07 lb. test load for standard-size dryers and a 3.00 lb. ± .03 lb. test load for compact-size dryers. (10 CFR part 430, subpart B, appendix D, section 2.7) DOE stated in chapter 2 of the preliminary TSD that it was reviewing available data to determine the current representative clothes dryer load size, and would consider amendments to its test procedure to accurately reflect the current clothes dryer test load size for the clothes dryer tests.

The Joint Petitioners and ACEEE commented that DOE should update the size of the clothes dryer test load based on the best available data (ideally based on a nationally representative sample). (Joint Petitioners, No. 33 at p. 25; ACEEE, No. 24 at p. 1) The California Utilities and NPCC both supported increasing the test load size from 7 lb. to 8.3 lb., or another appropriate value, commenting that 8.3 lb. is more typical of the size of loads in today's larger clothes dryers, as based on DOE's distribution of tub sizes from models in the CEC database. (California Utilities, No. 31 at p. 2; NPCC, No. 32 at p. 2) NRDC also commented that DOE should consider modifying the clothes dryer size criteria, stating that test load sizes for clothes dryers do not correlate to the test load sizes for washers and likely do not reflect real life load size. According to NRDC, current clothes dryer size classes are likely inaccurate given that today's clothes dryers can comfortably hold loads of 10 to 17 lb., with more 7 to 8 cubic foot (ft

) models now on the market than models smaller than 7 ft

. NRDC commented that DOE should reevaluate its clothes dryer size criteria and test load size to better reflect the clothes dryers available on the market today. (NRDC, No. 26 at pp. 2, 4; NRDC, No. 30 at p. 30)

AHAM commented that it prefers that DOE utilize industry values for data such as clothes dryer load size. AHAM stated that the shipment-weighted

residential clothes washer drum volume for standard-size products in 2008 was 3.24 ft

, which corresponds to an average clothes washer load size of 8.15 lb. AHAM also stated that for compact clothes washers, the shipment-weighted average drum volume was 1.5 ft

, which corresponds to an average load size of 4.70 lb. AHAM added that because compact products are a separate product class, they should be treated as such in the analysis. AHAM commented that it supports the use of two separate load sizes (8.15 lb. for standard-size and 4.70 lb. for compact-size products), if the modified load size is used in both the engineering and economic analyses, and if the test procedure is modified to be consistent with this analysis and the baseline EF is modified to reflect the change in load size. (AHAM, No. 25 at pp. 10-11)

In the TP Final Rule, DOE amended the clothes dryer test procedure to change the load size from 7.00 lb ± .07 lb to 8.45 lb ± .085 lb based on the historical trends of the shipment-weighted average tub volume for residential clothes washers from 1981 to 2008 and the corresponding percentage increase in clothes washer load sizes (as specified in the load size table 5.1 in the DOE clothes washer test procedure at 10 CFR part 430, subpart B, appendix J1), which is assumed to proportionally impact clothes dryer load size. 76 FR 972, 977 (January 6, 2011). DOE believes that this estimate using the percentage increase in load size based on trends in clothes washer tub volumes would produce a more representative value than simply using the nominal load size value in the clothes washer test procedure, as suggested by AHAM. DOE does not have any consumer usage data indicating that consumers always machine dry the same size load from the wash cycle such that the average clothes washer load size can be directly applied to the clothes dryer test procedure, as suggested by AHAM. As discussed in section IV.C.2.a, DOE conducted testing for the TP Final Rule in order to analyze how the amendments to the test procedure, including the change to the load size, would affect the measured efficiency.

DOE stated in the TP Final Rule that it believes that most compact clothes dryers are used in conjunction with compact-size clothes washers, and DOE is not aware of data on the trends of compact clothes washer tub volumes that would suggest that the tub volume for such clothes washers has changed significantly. 76 FR 972, 1014 (January 6, 2011). DOE did not receive any such data in response to its requests in the TP SNOPR. In addition, as discussed above, DOE does not have any consumer usage data indicating that consumers always machine dry the same size load from the wash cycle such that the average clothes washer load size can be directly applied to the clothes dryer test procedure, as suggested by AHAM. For these reasons, DOE did not revise the test load size for compact clothes dryers in the TP Final Rule.

Id.

NRDC also commented that the ECOS report states that if DOE were to test each model across a wide range of load sizes and report multiple values, it would help consumers choose the appropriate sized clothes dryer and to fill it with the recommended amount of clothing to dry as efficiently as possible. (NRDC, No. 30 at p. 30) DOE is not aware of any data indicating what load sizes typical consumers use or data on the percentage of clothes dryer cycles at different load sizes to determine how such results would be used to calculate an energy use or energy efficiency metric. DOE is also unaware of data showing how such a change would affect the measured EF compared to the existing test procedure, as required by EPCA. (42 U.S.C. 6293(e)(1)) DOE notes that requiring additional test cycles for different size loads would add significant testing burden on manufacturers. For these reasons, DOE did not amend the clothes dryer test procedure to require the testing of multiple test load sizes in the TP Final Rule.

BSH proposed that tumble clothes dryers be tested with a load size relative to the drum volume, and that this relationship be linear. BSH commented that the load size that the consumer uses generally matches the drum size of the clothes dryer (the larger the drum the higher the average load size dried). According to BSH, using only two load sizes for a wide range of drum volumes will cause unfairness in comparison of different clothes dryers. For example, a standard clothes dryer with a 125-liter drum volume but 60 centimeter (cm) housing (which is right above the limit to be “compact”) has an unfair advantage when its energy efficiency is measured due to the fact that the load fills the drum much better than in a larger appliance. (BSH, No. 23 at p. 4) DOE is not aware of any consumer usage data indicating how load size varies with clothes dryer drum capacity. In addition, DOE is not aware of any data indicating how such a change would affect the measured efficiency. For these reasons, DOE did not amend the clothes dryer test procedure to require that the load size vary with drum capacity.

Water Temperature for Test Load Preparation

The current clothes dryer test procedure specifies a water temperature of 100 °F ± 5 °F for the test load preparation. (10 CFR part 430, subpart B, appendix D, section 2.7) The California Utilities, ACEEE, and NPCC stated that this initial clothes load temperature may have been common when most clothes washers used a hot water rinse. However, today almost all clothes washers now default to a cold water final rinse to save water heating energy. (California Utilities, No. 31 at pp. 3, 12; ACEEE, No. 24 at p. 2; NPCC, No. 32 at p. 2) According to ACEEE, today's clothes washers typically have a cold rinse default and consumers increasingly select cold water wash and rinse in response to public information campaigns and the introduction of special “cold water wash” detergents. (ACEEE, No. 24 at p. 2) The California Utilities, ACEEE, and NPCC recommended that DOE align the clothes dryer test method with the clothes washer test method by reducing the water temperature for clothes dryer test load preparation to 60 °F ± 5 °F. (ACEEE, No. 24 at p. 2)

As discussed in the TP Final Rule, DOE analyzed 2005 RECS data on the rinse water temperatures selected by consumers for clothes washer cycles, which indicates that for consumers that use a clothes washer in the home, approximately 80 percent of wash cycles per year use a cold rinse. 76 FR 972, 996 (January 6, 2011). In addition, DOE also noted that the clothes washer test procedure specifies a warm rinse temperature use factor of 27 percent, suggesting that for the majority of clothes washer cycles, consumers use the cold rinse. (10 CFR part 430, subpart B, appendix J1) DOE also sought comment on the warm rinse temperature use factor in the recent proposal to amend the test procedure for residential clothes washers because it received consumer usage survey data from a manufacturer indicating that, for one clothes washer model with no cold rinse option on the cycle recommended for cotton clothes and a default cold rinse on all other cycles, users participating in the survey reported using warm rinse for 1.6 percent of all cycles. 75 FR 57556, 57571 (Sept. 21, 2010) For these reasons, DOE amended the clothes dryer test procedure to change the water temperature for clothes dryer test load preparation from 100 °F ± 5 °F to 60 °F ± 5 °F to be more representative of the clothes load after a cold rinse cycle at the end of the wash cycle. 76 FR 972, 996 (January 6, 2011).

Test Cloth

The current clothes dryer test procedure specifies the use of energy test cloth consisting of a pure finished bleach cloth, made with a momie or granite weave, which is a blended fabric of 50-percent cotton and 50-percent polyester. Each energy test cloth measures 24 inches by 36 inches. Additional specifications are provided in the test procedure for the weight, thread count, and allowable shrinkage. (10 CFR part 430, subpart B, appendix D, section 2.7)

The ECOS report stated that DOE should test a mix of cotton and synthetics of various sizes, including large sheets, towels, and jeans, rather than only testing small, uniform synthetic‐blend test cloths to more closely approximate real-world performance. The ECOS report also stated that this would deal more fairly with the real-world situation in which some fabrics have finished drying before others, causing the load to either finish before everything is dry or after some of the fabrics have been over-dried. NRDC also commented that the ECOS report presented test results using different mixes of test loads which showed that clothes dryers often stopped with the synthetic quite dry (less than 2-percent final RMC) but the cotton still damp (greater than 6-percent RMC). According to NRDC, if DOE were to test each model across a wide range of load types and report multiple values, it would help consumers choose an appropriately sized clothes dryer and to fill it with the recommended amount of clothing so that it would dry as efficiently as possible. (NRDC, No. 30 at pp. 22, 30) NRDC added that in this real-world scenario, clothes dryers may be less effective due to clothing balling up or the clothes dryer shutting off early due to a variety in cloth blends. NRDC added that certain techniques such as agitating the drum or reversing the cycle may help mitigate these problems and potentially increase efficiency in a real world scenario. NRDC also added that the standard DOE test cloths do not constitute a typical load and therefore do not accurately test clothes dryers' effectiveness at drying loads that have a variety of fabric types or are more likely to clump. NRDC suggested a mix of 100-percent cotton and 50:50 cotton/polyester as an alternative test load. (NRDC, No. 26 at pp. 1, 3; NRDC, Public Meeting Transcript, No. 21.4 at p. 43)

DOE is unaware of data to determine the composition of clothing types and materials that would be more representative of typical consumer clothing loads than the existing DOE test cloth and still produce accurate and repeatable results. Similarly, DOE is unaware of data showing the test-to-test repeatability of different test loads. Based on discussions with manufacturers, DOE understands the test material specified in the existing DOE clothes dryer test procedure produces the most repeatable results, and other tests loads are less repeatable. In addition, DOE also notes that requiring additional test cycles for loads with different clothes types and materials would add significant testing burden on manufacturers. For these reasons, DOE did not amend the clothes dryer test procedure in the TP Final Rule to change the DOE test load or to require the testing of multiple test loads composed of different clothes types and materials.

e. Drum Capacity Measurement

The Joint Petitioners commented that DOE should clarify section 3.1 of the clothes dryer test procedure regarding the measurement of drum capacity to specify that the clothes dryer's rear drum surface be supported on a platform scale to “prevent deflection of the drum surface * * *” instead of “prevent deflection of the dryer.” (Joint Petitioners, No. 33 at p. 25) As discussed in the TP Final Rule, DOE agrees with the comments that the reference to deflection of the “dryer” is unclear and should be clarified to specify that the clothes dryer's rear drum surface should be supported on a platform scale to prevent deflection of the drum surface. For this reason, DOE amended the clothes dryer test procedure in TP Final Rule to reflect this change. 76 FR 972, 1019 (January 6, 2011).

f. HVAC Effects

According to EPCA, any prescribed or amended test procedures shall be reasonably designed to produce test results which measure energy efficiency, energy use, water use, or estimated annual operating cost of a covered product during a representative average use cycle or period of use. (42 U.S.C. 6293(b)(3))

NRDC and NPCC commented that DOE should analyze the effects of clothes dryers on a home's heating and cooling energy use. (NRDC, No. 26 at pp. 1, 4; NPCC, No. 32 at p. 2) NRDC also commented that the current test procedure does not analyze the clothes dryer's effect on the heating and cooling of the surrounding room, in particular, whether the clothes dryer warms the room, cools it, or leaves it unchanged. NRDC stated that the test procedure does not distinguish between clothes dryers that vent their exhaust air outside (and require makeup air to be conditioned), and those that are unvented. (NRDC, No. 26 at pp. 1, 4; NRDC, No. 30 at p. 31) NPCC also commented that DOE's analysis of the economics of heat recovery clothes dryers should incorporate the reduced impact on space conditioning of this technology option. (NPCC, No. 32 at p. 2) The California Utilities recommended that the DOE clothes dryer test procedure be amended to measure the total airflow volume during the test cycle in order to gather data on heating, ventilation, and air conditioning (HVAC) loading. (California Utilities, No. 31 at pp. 9, 12)

As discussed above, EPCA requires that any prescribed or amended test procedures be reasonably designed to produce test results which measure energy efficiency, energy use, water use, or estimated annual operating cost of a covered product during a representative average use cycle or period of use. (42 U.S.C. 6293(b)(3)) DOE believes that accounting for the effects of clothes dryers on HVAC energy use is inconsistent with the EPCA requirement that a test procedure measure the energy efficiency, energy use, or estimated annual operating cost of a covered product. As a result, DOE did not revise the clothes dryer test procedure to account for HVAC energy use in the TP Final Rule and does not account for HVAC energy use in these standards.

g. Efficiency Metric

The energy efficiency metric currently used for clothes dryer energy conservation standards, EF, is defined on the basis of a per-cycle measure of the lb. of clothes dried per kWh. (10 CFR 430.23)

BSH commented that DOE should calculate yearly energy consumption for clothes dryers by considering a defined amount of laundry dried within a year. BSH stated that the energy consumption for the yearly load dried in small clothes dryer should be correlated to the energy consumption when the same yearly load is dried in a larger clothes dryer. BSH added that if only the number of loads is used then for a larger clothes dryer, the energy labeled would refer to a much larger amount of clothing than for a smaller clothes dryer. According to BSH, the values would not be comparable and it would appear to the consumer that the larger clothes dryer uses more energy per cycle than the smaller. In reality, when using a compact size clothes dryer consumers would run more cycles per year to dry their yearly amount of laundry. (BSH, No. 23 at p. 5) DOE is not aware of

consumer usage data showing the relationship between clothes dryer drum capacity and the amount of laundry dried by the consumer per year that would suggest that consumers typically dry the same amount of clothing per year, regardless of the drum capacity. For these reasons, DOE did not amend the clothes dryer test procedure in the TP Final Rule to specify a single value for the amount of laundry dried per year.

2. Room Air Conditioner Test Procedure

a. Standby Mode and Off Mode

Referenced Standards

As noted above, EPCA directs DOE to amend its test procedures to include measures of standby mode and off mode energy consumption, taking into consideration the most current versions of IEC Standard 62301 and IEC Standard 62087. (42 U.S.C. 6295(gg)(2)(A)) For the reasons discussed for the clothes dryer test procedure, DOE determined that only IEC Standard 62301 is relevant to the room air conditioner test procedure.

AHAM supported DOE's evaluation of IEC Standard 62301 CDV for potential revisions to address standby mode and off mode power in the room air conditioner test procedure. AHAM commented that DOE would thus harmonize with international standards, including those developed in Canada and Europe. (AHAM, Public Meeting Transcript, No. 21.4 at p. 30) As discussed for clothes dryers in section III.A.1.a, DOE considered the current version, IEC Standard 62301 First Edition, as required by EPCA. For the reasons stated in the TP Final Rule, DOE amended its test procedures for room air conditioners in the final rule to incorporate by reference the clauses from IEC Standard 62301 First Edition proposed in the TP SNOPR, as well as the provisions of IEC Standard 62301 CDV for the mode definitions. 76 FR 972, 975-6 (January 6, 2011). DOE may consider incorporating by reference clauses from IEC Standard 62301 Second Edition when that version has been published.

Testing Procedures

EEI commented that the total number of standby hours would be 8,010 if a product is plugged in all year (8,760 total hours in a year less the 750 cooling mode operating hours), and closer to 2,000 if unplugged. EEI requested clarification on the source of the 5,115 standby hours. (EEI, Public Meeting Transcript, No. 21.4 at p. 37) DOE notes that the estimate of 5,115 total standby and off mode hours, explained in greater detail in the TP SNOPR (75 FR 37594, 37610 (June 29, 2010), assumes (1) the cooling season length is 90 days or 2,160 hours; (2) half of the products in the field would be unplugged outside of the cooling season, while the others would be in standby and/or off mode; and (3) that the cooling season hours not associated with active mode cooling are evenly split between off-cycle mode and standby mode or off mode. Off-cycle mode involves operation of the fan but not the compressor. DOE noted in the TP NOPR that it is not aware of any reliable data for hours spent in different standby and off modes for room air conditioners. 73 FR 7439, 74648-49 (Dec. 9, 2008). In the absence of data suggesting a different allocation of annual hours, DOE adopted the estimate of 5,115 annual hours standby and off mode hours in the TP Final Rule. 76 FR 972, 991 (January 6, 2011).

b. Active Mode Referenced Standards

The current DOE room air conditioner test procedure incorporates by reference two industry test standards: (1) American National Standard (ANS) (since renamed American National Standards Institute (ANSI)) Z234.1-1972, “Room Air Conditioners;”

and (2) American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) Standard 16-69, “Method of Testing for Rating Room Air Conditioners.”

(10 CFR part 430, subpart B, appendix F, section 1)

ANSI standards are available at

http://www.ansi.org.

ASHRAE standards are available at

http://www.ashrae.org.

AHAM commented that its current room air conditioner standard is American National Standards Institute (ANSI)/AHAM RAC-1-2008. (AHAM, Public Meeting Transcript, No. 21.4 at p. 35; AHAM, No. 25 at p. 13) As discussed in the TP Final Rule, DOE adopted the amendments to reference the relevant sections of the current industry test standards for room air conditioners, which are designated as: (1) ANSI/AHAM RAC-1-R2008, “Room Air Conditioners;” and (2) ANSI/American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) Standard 16-1983 (RA 2009), “Method of Testing for Rating Room Air Conditioners and Packaged Terminal Air Conditioners” (ANSI/ASHRAE Standard 16-1983 (RA 2009)). 76 FR 972, 978 (January 6, 2011)

c. Annual Active Mode Hours

The current DOE room air conditioner test procedure assumes that room air conditioners have an average annual use of 750 hours. (10 CFR part 430.23(f)) DOE noted in chapter 3 of the preliminary TSD that DOE's TSD from September 1997, issued in support of the 1997 room air conditioner rulemaking, provides estimates for average annual operating hours closer to 500.

DOE noted in the preliminary TSD developed in support of today's final rule, however, that a similar assessment of room air conditioner hours of operation developed in support of the June 2010 TP SNOPR suggests that the annual hours of operation have since increased and are now in fact close to 750. 75 FR 37594, 37633 (June 29, 2010).

U.S. Department of Energy—Office of Energy Efficiency and Renewable Energy, Technical Support Document for Energy Conservation Standards for Room Air Conditioners. September 1997. Chapter 1, section 1.5. Washington, DC, available at

http://www.eere.energy.gov/buildings/appliance_standards/residential/room_ac.html

EEI commented that the active mode hours for room air conditioners may be more than the 750 hours currently specified in the DOE room air conditioner test procedure and questioned whether the 750 hours reflect both residential and commercial applications. (EEI, Public Meeting Transcript, No. 21.4 at p. 36) As discussed in the TP Final Rule, DOE noted that estimates using data from the EIA's 2005 RECS

support maintaining the 750 annual operating hours specification. As a result, DOE did not amend the room air conditioner test procedure to change the number of annual operating hours. 76 FR 972, 978 (January 6, 2011).

U.S. Department of Energy-Energy Information Administration. “Residential Energy Consumption Survey,” 2005 Public Use Data Files, 2005. Washington, DC. Available online at:

http://www.eia.doe.gov/emeu/recs/.

d. Part-Load Operation

DOE noted in the preliminary TSD (chapter 5, “Engineering Analysis”) that the DOE room air conditioner test procedure at appendix F measures full-load performance but is not able to assess energy savings associated with technologies which improve part-load performance.

DOE considered amendments to its room air conditioner test procedure to measure part-load performance, but did not propose such changes, as explained in the June 2010 TP SNOPR and the TP final rule. 75 FR 37594, 37634 (June 29, 2010); 76 FR 972, 1016 (January 6, 2011). DOE concluded that developing an additional test for part load, or switching to a seasonal metric to integrate part-load performance is not warranted. DOE noted that (1) sufficient information is not available at this time regarding use of room air conditioner

features that prevent over-cooling; (2) widespread use of part-load technology in room air conditioners is not likely to be stimulated by the development of a part-load or seasonal metric at this time, and therefore, the significant effort required to develop an accurate part-load metric is not likely to be justified by the expected minimal energy savings; and (3) key design changes that improve full-load efficiency also improve part-load efficiency, so the existing EER metric is already a strong indication of product efficiency over a wide range of conditions.

DOE stated in the preliminary TSD that it did not consider technologies such as variable speed compressors and thermostatic expansion valves as design options during the engineering analysis because these design options save energy only during part-load operation. DOE expects, based on available data and the considerations discussed in the test procedure SNOPR and reiterated above, that such technologies will not save enough energy to be cost effective.

DOE requested comments regarding additional design options that it should consider in the engineering analysis. (

See

the preliminary TSD Executive Summary, section ES.4).

NRDC commented that DOE should further analyze the efficiency of part-load operation. NRDC stated that DOE assumed that room air conditioners are generally undersized and run at full capacity and, therefore, did not take into consideration the potential to improve part-load efficiency. NRDC recommended that DOE further investigate the underlying assumption that room air conditioners are almost always run at full capacity and analyze the potential to improve part-load operation efficiency. (NRDC, No. 26 at p. 5) The comment does not provide any new information regarding room air conditioner operation that would allow development of an appropriate seasonal efficiency metric. As discussed in the TP Final Rule, development of such a metric that would take part load operation into account would require knowledge of the distribution of hours spent by room air conditioners at different load levels and at different outdoor and indoor temperature and humidity conditions. 76 FR 972, 1016 (January 6, 2011). Because such data is not available, DOE cannot establish an appropriate efficiency metric and cannot properly evaluate part-load technologies. DOE may amend the test procedure to account for part-load performance in a future rulemaking if sufficient information becomes available.

DOE also notes that the existing EER metric, which represents most of the CEER metric that is the basis of the energy standard prescribed in today's rule, is already a strong indicator of product efficiency over a wide range of conditions. Most of the design options that improve efficiency measured using EER would also improve efficiency measured using a part-load metric. For these reasons, DOE did not amend its room air conditioner test procedure to measure part-load performance. 76 FR 972, 1016 (January 6, 2011).

e. Distribution of Air

NRDC commented that DOE should consider how effectively room air conditioners distribute air throughout the room, adding that if all the cooling is provided by convection into the space, the effectiveness of delivering that cooling by the fan and integral diffuser may have a significant impact on energy use. NRDC stated that the DOE test procedure should take into account how far into the room the airflow travels and whether the unit allows for adjustments to the airflow pattern. NRDC also commented that many units will be placed at sill height, but buildings with wall sleeves will likely have units that are installed below the sill, which could pose different concerns with room air distribution to provide adequate mixing to avoid drafts. (NRDC, No. 26 at p. 6)

DOE notes that the DOE test procedure measures the cooling delivered by the room air conditioner regardless of the distribution of the cooling air within the test chamber. Thus, design options that optimize distribution of the cooling air would not improve the measurement.

DOE agrees with the comment's premise that the energy use of a room air conditioner used by a consumer may be affected by the air circulation patterns it establishes in a room. For example, a consumer located in a room far from the unit and not in line with the product's discharge air outlet may keep the unit operating longer to achieve comfortable local room conditions. This influence has as much to do with installation and use as it does with product characteristics. The relationship between room air circulation and room air conditioner energy use is not sufficiently well understood to allow any consideration of integration of such factors into the energy use metric. DOE is not aware of data evaluating the impact a product's air distribution patterns have on product energy use by consumers. As a result, this issue is not addressed by today's rule.

3. Effects of Test Procedure Revisions on the Measured Efficiency

In any rulemaking to amend a test procedure, DOE must determine to what extent, if any, the proposed test procedure would alter the measured energy efficiency of any covered product as determined under the existing test procedure. (42 U.S.C. 6293(e)(1)) If DOE determines that the amended test procedure would alter the measured efficiency of a covered product, DOE must amend the applicable energy conservation standard accordingly. In determining the amended energy conservation standard, the DOE must measure, pursuant to the amended test procedure, the energy efficiency, energy use, or water use of a representative sample of covered products that minimally comply with the existing standard. The average of such energy efficiency, energy use, or water use levels determined under the amended test procedure shall constitute the amended energy conservation standard for the applicable covered products. (42 U.S.C. 6293(e)(2)) EPCA also states that models of covered products in use before the date on which the amended energy conservation standard becomes effective (or revisions of such models that come into use after such date and have the same energy efficiency, energy use, or water use characteristics) that comply with the energy conservation standard applicable to such covered products on the day before such date shall be deemed to comply with the amended energy conservation standard. (42 U.S.C. 6293(e)(3))

EPCA also provides that amendments to the test procedures to include standby mode and off mode energy consumption will not determine compliance with previously established standards. (U.S.C. 6295(gg)(2)(C)) Because the amended test procedures for standby mode and off mode energy consumption would not alter existing measures of energy consumption or efficiency, these amendments would not affect a manufacturer's ability to demonstrate compliance with previously established standards.

For the TP Final Rule, DOE investigated how the amended test procedures would affect the measured efficiency as compared to the existing DOE test procedures. The following sections discuss these effects for each product.

a. Clothes Dryers

The Joint Petitioners proposed that the final rule amending the clothes dryer test procedure also amend the

standards in the Joint Petition according to the procedures in section 323(e)(2) of EPCA, except that for the purposes of establishing a representative sample of products, DOE should choose a sample of minimally compliant dryers which automatically terminate the drying cycle at no less than 4-percent RMC. (Joint Petitioners, No. 33 at p. 17)

As discussed above, DOE did not adopt amendments to the clothes dryer test procedure to better account for automatic cycle termination. As a result, DOE did not consider any revisions to the energy conservation standards based on amendments for automatic cycle termination. However, DOE notes that EPCA does not include any exceptions that would allow for the measurement of only dryers that automatically terminate the drying cycle at no less than 4-percent RMC. (42 U.S.C. 6293(b)(1)-(3))

As part of the TP Final Rule, DOE conducted testing on a sample of 17 representative clothes dryers to evaluate the effects of the amendments to the clothes dryer test procedure on the measured EF. 76 FR 972, 1026-27 (January 6, 2011). DOE tested these units according to the amended clothes dryer test procedure in the TP Final Rule, conducting up to three tests for each test unit and averaging the results. The results

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