Energy Conservation Program: Energy Conservation Standards for Residential Conventional Ovens

Federal RegisterJun 10, 2015

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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket Number EERE-2014-BT-STD-0005]

RIN 1904-AD15

Energy Conservation Program: Energy Conservation Standards for Residential Conventional Ovens

AGENCY:

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

ACTION:

Notice of proposed rulemaking (NOPR) and public meeting.

SUMMARY:

The Energy Policy and Conservation Act of 1975 (EPCA), as amended, prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including residential conventional ovens. EPCA also requires the U.S. Department of Energy (DOE) to determine whether more-stringent, amended standards would be technologically feasible and economically justified, and would save a significant amount of energy. DOE is proposing new and amended energy conservation standards for residential conventional ovens. DOE is also announcing a public meeting to receive comment on these proposed standards and associated analyses and results.

DATES:

DOE will hold a public meeting on Tuesday, July 14, 2015, from 9 a.m. to 4 p.m., in Washington, DC. The meeting will also be broadcast as a webinar. See section VII Public Participation for webinar registration information, participant instructions, and information about the capabilities available to webinar participants.

DOE will accept comments, data, and information regarding this notice of proposed rulemaking (NOPR) before and after the public meeting, but no later than August 10, 2015. See section VII Public Participation for details.

ADDRESSES:

The public meeting will be held at the U.S. Department of Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue SW., Washington, DC 20585. To attend, please notify Ms. Brenda Edwards at (202) 586-2945. Persons can attend the public meeting via webinar. For more information, refer to the Public Participation section near the end of this notice.

Any comments submitted must identify the NOPR for Energy Conservation Standards for residential conventional cooking products, and provide docket number EE-2014-BT-STD-0005 and/or regulatory information number (RIN) number 1904-AD15. Comments may be submitted using any of the following methods:

1.

Federal eRulemaking Portal: www.regulations.gov

. Follow the instructions for submitting comments.

2.

Email: ConventionalCookingProducts2014STD0005@ee.doe.gov

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

3.

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.

4.

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, in which case it is not necessary to include printed copies.

Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this proposed rule may be submitted to Office of Energy Efficiency and Renewable Energy through the methods listed above and by email to

Chad_S_Whiteman@omb.eop.gov

.

For detailed instructions on submitting comments and additional information on the rulemaking process, see section VII of this document (Public Participation).

Docket:

The docket, which includes

Federal Register

notices, public meeting attendee lists and transcripts, comments, and other supporting documents/materials, is available for review at regulations.gov. All documents in the docket are listed in the regulations.gov index. However, some documents listed in the index, such as those containing information that is exempt from public disclosure, may not be publicly available.

A link to the docket Web page can be found at:

http://www.regulations.gov/#!docketDetail;D=EERE-2014-BT-STD-0005

. This Web page will contain a link to the docket for this notice on the regulations.gov site. The regulations.gov Web page will contain simple instructions on how to access all documents, including public comments, in the docket. See section VII for further information on how to submit comments through

www.regulations.gov

.

For further information on how to submit a comment, review other public comments and the docket, or participate in the public meeting, contact Ms. Brenda Edwards at (202) 586-2945 or by email:

Brenda.Edwards@ee.doe.gov

.

FOR FURTHER INFORMATION CONTACT:

Mr. John Cymbalsky, 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. Telephone: (202) 287-1692. Email:

kitchen_ranges_and_ovens@ee.doe.gov

.

Ms. Celia Sher, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 287-6122. Email:

Celia.Sher@hq.doe.gov

.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Synopsis of the Proposed Rule

A. Benefits and Costs to Consumers

B. Impact on Manufacturers

C. National Benefits and Costs

D. Conclusion

II. Introduction

A. Authority

B. Background

1. Current Standards

2. History of Standards Rulemaking for Residential Conventional Cooking Products

III. General Discussion

A. Scope of Coverage

B. Further Rulemaking To Consider Energy Conservation Standards for Conventional Cooking Tops

C. Test Procedure

D. Technological Feasibility

1. General

2. Maximum Technologically Feasible Levels

E. Energy Savings

1. Determination of Savings

2. Significance of Savings

F. Economic Justification

1. Specific Criteria

2. Rebuttable Presumption

IV. Methodology and Discussion of Comments

A. Market and Technology Assessment

1. General

2. Product Classes

3. Technology Options

B. Screening Analysis

1. Screened-Out Technologies

2. Remaining Technologies

C. Engineering Analysis

1. Methodology

2. Product Testing and Reverse Engineering

3. Efficiency Levels

4. Incremental Manufacturing Production Cost Estimates

5. Consumer Utility

D. Markups Analysis

E. Energy Use Analysis

F. Life-Cycle Cost and Payback Period Analysis

1. Product Costs

2. Installation Costs

3. Unit Energy Consumption

4. Energy Prices

5. Repair and Maintenance Costs

6. Product Lifetime

7. Discount Rates

8. Compliance Date

9. Base Case Efficiency Distribution

10. Inputs to Payback Period Analysis

11. Rebuttable-Presumption Payback Period

G. Shipments Analysis

H. National Impact Analysis

1. Efficiency Trends

2. National Energy Savings

3. Net Present Value of Customer Benefit

I. Consumer Subgroup Analysis

J. Manufacturer Impact Analysis

1. Overview

2. GRIM Analysis and Key Inputs

3. Discussion of Comments

4. Manufacturer Interviews

K. Emissions Analysis

L. Monetizing Carbon Dioxide and Other Emissions Impacts

1. Social Cost of Carbon

2. Social Cost of Other Air Pollutants

M. Utility Impact Analysis

N. Employment Impact Analysis

V. Analytical Results

A. Trial Standard Levels

B. Economic Justification and Energy Savings

1. Economic Impacts on Individual Consumers

2. Economic Impacts on Manufacturers

3. National Impact Analysis

4. Impact on Utility or Performance of Products

5. Impact of Any Lessening of Competition

6. Need of the Nation to Conserve Energy

7. Summary of National Economic Impacts

8. Other Factors

C. Conclusion

1. Benefits and Burdens of TSLs Considered for Conventional Ovens

2. Annualized Benefits and Costs of the Proposed Standards

VI. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866 and 13563

B. Review Under the Regulatory Flexibility Act

1. Description and Estimated Number of Small Entities Regulated

2. Description and Estimate of Compliance Requirements

3. Duplication, Overlap, and Conflict With Other Rules and Regulations

4. Significant Alternatives to the Rule

C. Review Under the Paperwork Reduction Act

D. Review Under the National Environmental Policy Act of 1969

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

VII. Public Participation

A. Attendance at the Public Meeting

B. Procedure for Submitting Prepared General Statements For Distribution

C. Conduct of the Public Meeting

D. Submission of Comments

E. Issues on Which DOE Seeks Comment

VIII. Approval of the Office of the Secretary

I. Synopsis of the Proposed Rule

Title III, Part B

1

of the Energy Policy and Conservation Act of 1975 (EPCA or the Act), Public Law 94-163 (42 U.S.C. 6291-6309, as codified), established the Energy Conservation Program for Consumer Products Other Than Automobiles.

2

These products include residential conventional ovens, the subject of this rulemaking.

1

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

2

All references to EPCA in this document refer to the statute as amended through the American Energy Manufacturing Technical Corrections Act (AEMTCA), Public Law 112-210 (Dec. 18, 2012).

Pursuant to EPCA, any new or amended energy conservation standard 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 new or 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 proposes new and amended energy conservation standards for residential conventional ovens. The proposed standards, which are the maximum allowable integrated annual energy consumption (IAEC), are shown in Table I-1. The integrated annual energy consumption includes active mode (including fan-only mode for conventional ovens), standby mode, and off mode energy use. These proposed standards, if adopted, would apply to all products listed in Table I-1 and manufactured in, or imported into, the United States on or after the date three years after the publication of any final rule for this rulemaking. The proposed standards correspond to trial standard level (TSL) 2, which is described in section V.A. DOE also notes that any newly adopted performance standards for conventional ovens resulting from this current rulemaking would not affect the current prescriptive standards prohibiting constant burning pilots for all gas cooking products (10 CFR 430.32(j)).

Table I-1—Proposed Energy Conservation Standards for Conventional Ovens

Product class

Maximum integrated annual energy consumption (IAEC)

Electric Standard Oven, Free-standing

122.5 + (31.8 × Rated Cavity Volume in cubic feet)

kWh/yr

.

Electric Standard Oven, Built-In/Slide-In

128.6 + (31.8 × Rated Cavity Volume in cubic feet)

kWh/yr

.

Electric Self-Clean Oven, Free-Standing

163.2 + (42.3 × Rated Cavity Volume in cubic feet)

kWh/yr

.

Electric Self-Clean Oven, Built-In/Slide-In

169.1 + (42.3 × Rated Cavity Volume in cubic feet)

kWh/yr

.

Gas Standard Oven, Free-Standing

492.9 + (214.4 × Rated Cavity Volume in cubic feet)

kWh/yr

.

Gas Standard Oven, Built-In/Slide-In

499.5 + (214.4 × Rated Cavity Volume in cubic feet)

kWh/yr

.

Gas Self-Clean Oven, Free-Standing

746.7 + (214.4 × Rated Cavity Volume in cubic feet)

kWh/yr

.

Gas Self-Clean Oven, Built-In/Slide-In

755.5 + (214.4 × Rated Cavity Volume in cubic feet)

kWh/yr

.

Note:

The Rated Cavity Volume is the volume of the oven cavity in cubic feet as measured using the final DOE test procedure at 10 CFR part 430, subpart B, appendix I.

As discussed in section III.B, DOE has decided to defer its decision regarding whether to adopt amended energy conservation standards for conventional cooking tops, pending further rulemaking. In both the test procedure NOPR published on January 30, 2013 (78 FR 6232, the January 2013 TP NOPR) and the test procedure supplemental NOPR (SNOPR) published on December 3, 2014 (79 FR 71894, the December 2014 TP SNOPR), DOE proposed amendments to the cooking products test procedure in Appendix I to subpart B of Title 10 of the CFR part 430 that would allow for the testing of active mode energy consumption of induction cooking tops. After reviewing public comments on the December 2014 TP SNOPR, conducting interviews with manufacturers, and performing

additional analyses, DOE believes further study is required before a cooking top test procedure can be established that produces test results which measure energy use during a representative average use cycle, is repeatable and reproducible, and is not unduly burdensome to conduct. For these reasons, this NOPR is limited to addressing energy conservation standards for conventional ovens. As discussed in section III.A, the proposed standards would cover conventional ovens, including conventional ovens that are a part of conventional ranges. DOE intends to complete the rulemaking process for conventional cooking tops once additional key data and information become available.

A. Benefits and Costs to Consumers

Table I-2 presents DOE's evaluation of the economic impacts of the proposed standards on consumers of residential conventional ovens, as measured by the average life-cycle cost (LCC) savings and the simple payback period (PBP).

3

The average LCC savings are positive for all product classes, and the PBP is less than the average lifetime of the equipment, which is estimated to be 15 years for electric and 17 years for gas ovens.

3

The average LCC savings are measured relative to the base-case efficiency distribution, which depicts the market in the compliance year (see section IV.F.9). The simple PBP, which is designed to compare specific efficiency levels, is measured relative to the baseline model.

Table I-2—Impacts of Proposed Energy Conservation Standards (TSL 2) on Consumers of Residential Conventional Ovens

Product class

Average LCC savings *

(2014$)

Simple

payback

period

(years)

Electric Standard Oven, Free-standing

$15.18

4.0

Electric Standard Oven, Built-in/Slide-in

15.25

4.0

Electric Self-Clean Oven, Free-Standing

14.10

0.9

Electric Self-Clean Oven, Built-in/Slide-in

14.20

0.9

Gas Standard Oven, Free-Standing

289.73

1.7

Gas Standard Oven, Built-in/Slide-in

289.77

1.7

Gas Self-Clean Oven, Free-Standing

282.80

1.2

Gas Self-Clean Oven, Built-In/Slide-in

282.85

1.2

* Calculation does not include households with zero LCC savings (no impact).

DOE's analysis of the impacts of the proposed standards on consumers is described in section IV.F of this notice.

B. 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 (2015 to 2048). Using a real discount rate of 9.1 percent, DOE estimates that the industry net present value (INPV) for manufacturers of residential conventional ovens is $783.5 million in 2014$. Under the proposed standards, DOE expects that manufacturers may lose up to 11.0 percent of their INPV, which is approximately $86.4 million in 2014$. Additionally, based on DOE's interviews with the manufacturers of residential conventional ovens, DOE does not expect any plant closings or significant loss of employment.

DOE's analysis of the impacts of the proposed standards on manufacturers is described in section IV.J of this NOPR notice.

C. National Benefits and Costs

4

4

All monetary values in this section are expressed in 2013 dollars and, where appropriate, are discounted to 2014.

DOE's analyses indicate that the proposed standards would save a significant amount of energy. The lifetime energy savings from residential conventional oven products purchased in the 30-year period that begins in the assumed year of compliance with the proposed standards (2019-2048), relative to the base case without the proposed standards, amount to 0.71 quadrillion Btu (quads).

5

This represents a savings of 11.2 percent relative to the energy use of these products in the base case.

5

A quad is equal to 10

15

British thermal units (Btu). The quantity refers to full-fuel-cycle (FFC) energy savings. FFC energy savings includes the energy consumed in extracting, processing, and transporting primary fuels (

i.e.,

coal, natural gas, petroleum fuels), and thus presents a more complete picture of the impacts of energy efficiency standards. For more information on the FFC metric, see section IV.H.2.

A quad is equal to 10

15

British thermal units (Btu).

The cumulative net present value (NPV) of total consumer costs and savings of the proposed standards for ovens in residential conventional cooking products ranges from $4.7 billion (at a 7-percent discount rate) to $11.0 billion (at a 3-percent discount rate). This NPV expresses the estimated total value of future operating-cost savings minus the estimated increased product costs for products purchased in 2019-2048.

In addition, the proposed standards would have significant environmental benefits. The energy savings described above are estimated to result in cumulative emission reductions of 41.1 million metric tons (Mt)

6

of carbon dioxide (CO

2

), 221.2 thousand tons of methane, 29.5 thousand tons of sulfur dioxide (SO

2

), 69 thousand tons of nitrogen oxides (NO

X

), 0.52 thousand tons of nitrous oxide (N

2

O), and 0.09 tons of mercury (Hg).

7

The cumulative reduction in CO

2

emissions through 2030 amounts to 7.5 Mt, which is equivalent to the emissions resulting from the annual electricity use of 0.7 million homes.

6

A metric ton is equivalent to 1.1 short tons. Results for emissions other than CO

2

are presented in short tons.

7

DOE calculated emissions reductions relative to the

Annual Energy Outlook 2014

(

AEO 2014

) Reference case, which generally represents current legislation and environmental regulations for which implementing regulations were available as of October 31, 2013.

The value of the CO

2

reductions is calculated using a range of values per metric ton of CO

2

(otherwise known as the Social Cost of Carbon, or SCC) developed by a recent Federal interagency process.

8

The derivation of the SCC values is discussed in section IV.L. Using discount rates appropriate for each set of SCC values (see Table I-4), DOE estimates the present monetary value of the CO

2

emissions reduction is between $0.3 billion and $4.1 billion, with a value of $1.3 billion using the central SCC case represented by $41.2/t in 2015.

9

DOE also estimates the present monetary value of the NO

X

emissions reduction, is $0.1 billion at a 7-percent discount rate and $0.2 billion at a 3-percent discount rate.

10

8

Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866.

Interagency Working Group on Social Cost of Carbon, United States Government. May 2013; revised November 2013.

http://www.whitehouse.gov/sites/default/files/omb/assets/inforeg/technical-update-social-cost-of-carbon-for-regulator-impact-analysis.pdf

.

9

The values only include CO

2

emissions, not CO

2

equivalent emissions; other gases with global warming potential are not included.

10

DOE is currently investigating valuation of avoided Hg and SO

2

emissions.

Table I-3 summarizes the national economic costs and benefits expected to result from the proposed standards for residential conventional ovens.

Table I-3—Summary of National Economic Benefits and Costs of Proposed Energy Conservation Standards for Residential Conventional Ovens *

Category

Present value

(Billion 2014$)

Discount rate

(%)

Benefits

Operating Cost Savings

5.0

11.6

7

3

CO

2

Reduction Monetized Value ($12.2.0/t case) **

0.3

5

CO

2

Reduction Monetized Value ($41.2/t case) **

1.3

3

CO

2

Reduction Monetized Value ($63.4/t case) **

2.1

2.5

CO

2

Reduction Monetized Value ($121/t case) **

4.1

3

NO

X

Reduction Monetized Value †

0.1

0.2

7

3

Total Benefits ††

6.4

13.2

7

3

Costs

Incremental Installed Costs

0.3

0.6

7

3

Total Net Benefits

Including Emissions Reduction Monetized Value ††

6.1

12.6

7

3

* This table presents the costs and benefits associated with residential conventional ovens shipped in 2019-2048. These results include impacts to consumers which accrue after 2048 from the products purchased in 2019-2048. The results account for the incremental variable and fixed costs incurred by manufacturers due to any final standard, some of which may be incurred in preparation for the rule.

** The CO

2

values represent global monetized values of the SCC, in 2014$, in 2015 under several scenarios of the updated SCC values. The first three cases use the averages of SCC distributions calculated using 5%, 3%, and 2.5% discount rates, respectively. The fourth case represents the 95th percentile of the SCC distribution calculated using a 3% discount rate. The SCC time series incorporate an escalation factor.

† The $/ton values used for NO

X

are described in section IV.L.2.

†† Total Benefits for both the 3% and 7% cases are derived using the series corresponding to average SCC with 3-percent discount rate ($40.5/t case).

The benefits and costs of these proposed standards, for products sold in 2019-2048, can also be expressed in terms of annualized values. The annualized monetary values are the sum of (1) the annualized national economic value of the benefits from consumer operation of products that meet the new or amended standards (consisting primarily of operating cost savings from using less energy, minus increases in equipment purchase and installation costs, which is another way of representing consumer NPV), and (2) the annualized monetary value of the benefits of emission reductions, including CO

2

emission reductions.

11

11

To convert the time-series of costs and benefits into annualized values, DOE calculated a present value in 2014, the year used for discounting the NPV of total consumer costs and savings. For the benefits, DOE calculated a present value associated with each year's shipments in the year in which the shipments occur (

e.g.,

2020 or 2030), and then discounted the present value from each year to 2014. The calculation uses discount rates of 3 and 7 percent for all costs and benefits except for the value of CO

2

reductions, for which DOE used case-specific discount rates, as shown in Table I.3. Using the present value, DOE then calculated the fixed annual payment over a 30-year period, starting in the compliance year that yields the same present value.

Although DOE believes that the values of operating savings and CO

2

emission reductions are both important, two issues are relevant. First, the national operating savings are domestic U.S. consumer monetary savings that occur as a result of market transactions, whereas the value of CO

2

reductions is based on a global value. Second, the assessments of operating cost savings and CO

2

savings are performed with different methods that use different time frames for analysis. The national operating cost savings is measured for the lifetime of residential conventional ovens shipped in 2019-2048. Because CO

2

emissions have a very long residence time in the atmosphere,

12

the SCC values in future years reflect future climate-related impacts resulting from the emission of CO

2

that continue well beyond 2100.

12

The atmospheric lifetime of CO

2

is estimated of the order of 30-95 years. Jacobson, MZ (2005). “Correction to “Control of fossil-fuel particulate black carbon and organic matter, possibly the most effective method of slowing global warming.” ”

J. Geophys. Res.

110. pp. D14105.

Estimates of annualized benefits and costs of the proposed standards are shown in Table I-4. The results under

the primary estimate are as follows. Using a 7-percent discount rate for benefits and costs other than CO

2

reduction, for which DOE used a 3-percent discount rate along with the average SCC series that has a value of $41.2/t in 2015, the cost of the proposed standards is $33.5 million per year in increased equipment costs, while the benefits are $494 million per year in reduced equipment operating costs, $74 million in CO

2

reductions, and $9 million in reduced NO

X

emissions. In this case, the net benefit amounts to $543 million per year. Using a 3-percent discount rate for all benefits and costs and the average SCC series that has a value of $41.2/t in 2015, the cost of the proposed standards is $33.1 million per year in increased equipment costs, while the benefits are $648 million per year in reduced operating costs, $74 million in CO

2

reductions, and $13 million in reduced NO

X

emissions. In this case, the net benefit amounts to $701 million per year.

Table I-4—Annualized Benefits and Costs of Proposed Energy Conservation Standards for Residential Conventional Ovens

Discount rate

(million 2014$/year)

Primary

estimate *

Low net

benefits

estimate *

High net

benefits

estimate *

Benefits

Operating Cost Savings

7%

3%

494

648

457

593

542.

719.

CO

2

Reduction Monetized Value ($12.2/t case) *

5%

21

20

24.

CO

2

Reduction Monetized Value ($41.2/t case) *

3%

74

68

81.

CO

2

Reduction Monetized Value ($63.4/t case) *

2.5%

108

100

119.

CO

2

Reduction Monetized Value ($121/t case) *

3%

228

211

252.

NO

X

Reduction Monetized Value†

7%

3%

9.24

13.43

8.66

12.46

10.11.

14.80.

Total Benefits ††

7% plus CO

2

range

524 to 731

485 to 677

576 to 804.

7%

577

534

634.

3% plus CO

2

range

682 to 889

625 to 817

758 to 986.

3%

734

674

815.

Costs

Consumer Incremental Product Costs

7%

3%

34

33

34

34

33.

33.

Net Benefits

Total ††

7% plus CO

2

range

491 to 697

451 to 642

543 to 771.

7%

543

499

601.

3% plus CO

2

range

649 to 856

592 to 783

725 to 953.

3%

701

640

783.

* This table presents the annualized costs and benefits associated with residential conventional ovens shipped in 2019-2048. These results include benefits to consumers which accrue after 2048 from the products purchased in 2014-2043. The results account for the incremental variable and fixed costs incurred by manufacturers due to any final standard, some of which may be incurred in preparation for the rule. The Primary, Low Benefits, and High Benefits Estimates utilize projections of energy prices from the

AEO 2015

13

Reference case, Low Estimate, and High Estimate, respectively. In addition, incremental product costs reflect a medium decline rate in the Primary Estimate, a low decline rate in the Low Benefits Estimate, and a high decline rate f in the High Benefits Estimate. The methods used to derive projected price trends are explained in section IV.F.1.

** The CO

2

values represent global monetized values of the SCC, in 2014$, in 2015 under several scenarios of the updated SCC values. The first three cases use the averages of SCC distributions calculated using 5%, 3%, and 2.5% discount rates, respectively. The fourth case represents the 95th percentile of the SCC distribution calculated using a 3% discount rate. The SCC time series incorporate an escalation factor.

† The $/ton values used for NO

X

are described in section IV.L.2.

†† Total Benefits for both the 3% and 7% cases are derived using the series corresponding to the average SCC with 3-percent discount rate ($41.2/t case). In the rows labeled “7% plus CO

2

range” and “3% plus CO

2

range,” the operating cost and NO

X

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

2

values.

DOE's analysis

of the national impacts of the proposed standards is described in sections IV.H, IV.K and IV.L of this notice.

13

http://www.eia.gov/forecasts/AEO/

.

D. Conclusion

DOE has tentatively concluded that the proposed standards represent the maximum improvement in energy efficiency that is technologically feasible and economically justified, and would result in the significant conservation of energy. DOE further notes that products achieving these standard levels are already commercially available for at least some, if not most, product classes covered by this proposal. Based on the analyses described above, DOE has tentatively concluded that the benefits of the proposed standards to the Nation (energy savings, positive NPV of consumer benefits, consumer LCC savings, and emission reductions) would outweigh the burdens (loss of INPV for manufacturers and LCC increases for some consumers).

DOE also considered more-stringent energy efficiency levels as trial standard levels, and is considering them in this rulemaking. However, DOE has tentatively concluded that the potential burdens of the more-stringent energy efficiency levels would outweigh the projected benefits. Based on consideration of the public comments DOE receives in response to this notice and related information collected and

analyzed during the course of this rulemaking effort, DOE may adopt energy efficiency levels presented in this notice that are either higher or lower than the proposed standards, or some combination of level(s) that incorporate the proposed standards in part.

II. Introduction

The following section briefly discusses the statutory authority underlying this proposal, as well as some of the relevant historical background related to the establishment of standards for residential cooking products.

A. Authority

Title III, Part B of the Energy Policy and Conservation Act of 1975 (EPCA or the Act), Public Law 94-163 (42 U.S.C. 6291-6309, as codified) established the Energy Conservation Program for Consumer Products Other Than Automobiles, a program covering most major household appliances (collectively referred to as “covered products”), which includes residential cooking products

14

, and specifically residential conventional ovens, that are the subject of this rulemaking. (42 U.S.C. 6292(a)(10)) EPCA prescribed energy conservation standards for these products (42 U.S.C. 6295(h)(1)), and directed DOE to conduct rulemakings to determine whether to amend these standards. (42 U.S.C. 6295(h)(2)) (DOE notes that under 42 U.S.C. 6295(m), the agency must periodically review its already established energy conservation standards for a covered product. Under this requirement, the next review that DOE would need to conduct must occur no later than six years from the issuance of a final rule establishing or amending a standard for a covered product.)

14

DOE's regulations define kitchen ranges and ovens, or “cooking products”, as one of the following classes: Conventional ranges, conventional cooking tops, conventional ovens, microwave ovens, microwave/conventional ranges and other cooking products. (10 CFR 430.2) Based on this definition, in this notice, DOE interprets kitchen ranges and ovens to refer more generally to all types of cooking products including, for example, microwave ovens.

Pursuant to EPCA, DOE's energy conservation program for covered products consists essentially of four parts: (1) Testing; (2) labeling; (3) the establishment of Federal energy conservation standards; and (4) certification and enforcement procedures. The Federal Trade Commission (FTC) is primarily responsible for labeling, and DOE implements the remainder of the program. Subject to certain criteria and conditions, DOE is required 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 prescribed DOE test procedure as the basis for certifying to DOE that their products comply with the applicable energy conservation standards adopted under EPCA and when making representations to the public regarding the energy use or 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 pursuant to EPCA.

Id.

The DOE test procedures for residential conventional cooking products currently appear at title 10 of the Code of Federal Regulations (CFR) part 430, subpart B, appendix I (Appendix I).

DOE must follow specific statutory criteria for prescribing new or amended standards for covered products. As indicated above, any new or 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, DOE may not adopt any standard that would not result in the significant conservation of energy. (42 U.S.C. 6295(o)(3)) Moreover, DOE may not prescribe a standard: (1) For certain products, including residential conventional ovens, if no test procedure has been established for the product, or (2) if DOE determines by rule that the standard is not technologically feasible or economically justified. (42 U.S.C. 6295(o)(3)(A)-(B)) In deciding 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 make this determination after receiving comments on the proposed standard, and by considering, to the greatest extent practicable, the following seven statutory 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, or as applicable, water, 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 and water conservation; and

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

EPCA, as codified, also contains what is known as an “anti-backsliding” provision, which prevents the Secretary from prescribing 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 an amended or 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) of performance characteristics (including reliability), 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))

Further, EPCA, as codified, 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))

Additionally, 42 U.S.C. 6295(q)(1) specifies requirements when promulgating a standard for a type or class of covered product that has two or more subcategories. DOE must specify a different standard level than that which applies generally to such 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. 6294(q)(1)) In determining whether a performance-related feature justifies 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 generally supersede State laws or regulations concerning energy conservation testing, labeling, and standards. (42 U.S.C. 6297(a)-(c)) DOE may, however, grant waivers of Federal preemption for particular State laws or regulations, in accordance with the procedures and other provisions set forth under 42 U.S.C. 6297(d)).

Finally, pursuant to the amendments contained in section 310(3) of EISA 2007, any final rule for new or amended energy conservation standards promulgated after July 1, 2010, are required to address standby mode and off mode energy use. (42 U.S.C. 6295(gg) (3)) Specifically, when DOE adopts a standard for a covered product after that date, it must, if justified by the criteria for adoption of standards under EPCA (42 U.S.C. 6295(o)), incorporate standby mode and off mode energy use into the standard, or, if that is not feasible, adopt a separate standard for such energy use for that product. (42 U.S.C. 6295(gg)(3)(A)-(B)) DOE's current test procedures for residential conventional cooking products address standby mode and off mode energy use. In this rulemaking, DOE intends to incorporate such energy use into any amended energy conservation standards it adopts in the final rule.

DOE has also reviewed this proposed regulation pursuant to Executive Order 13563. 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.

DOE emphasizes 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 the NOPR is consistent with these principles, including the requirement that, to the extent permitted by law, benefits justify costs and that net benefits are maximized. Consistent with EO 13563, and the range of impacts analyzed in this rulemaking, the energy efficiency standards proposed herein by DOE achieve maximum net benefits. For further discussion of how this NOPR achieves maximum net benefits, see section V.

B. Background

1. Current Standards

In a final rule published on April 8, 2009 (April 2009 Final Rule), DOE prescribed the current energy conservation standards for residential cooking products to prohibit constant burning pilots for all gas cooking products (

i.e.,

gas cooking products both with or without an electrical supply cord) manufactured on or after April 9, 2012. 74 FR 16040, 16041-16044. DOE's regulations, codified at 10 CFR 430.2, define conventional cooking tops, conventional ovens, and conventional ranges as classes of cooking products. As noted in the April 2009 Final Rule, DOE considered standards for conventional cooking tops and conventional ovens separately, and noted that any cooking top or oven standard would apply to the individual components of the conventional range. 74 FR 16040, 16053.

Based on DOE's review of gas cooking products available on the market in the United States, DOE notes that there may be confusion regarding how the current standards apply to different pilot ignition systems. Specifically, DOE is aware of a gas range that is designed to heat and cook food based on the principle of heat storage. A low input rate burner continuously heats the cooking top surface and cast iron oven cavities, and maintains these components at a constant temperature. A secondary “pilot burner” is used to ignite the main burner and this pilot remains lit between cooking cycles as well as when the main burner is shut off for short periods of non-use. Although the secondary pilot may provide additional heating to the body of the range, its primary function is to ignite the main burner, and would thus be considered a constant burning pilot because it is a continuous gas flame used to ignite the gas at the main burner. It is the main burner that provides the primary source of heat for the cooking function of the range.

In this NOPR, DOE is clarifying that a constant burning pilot in conventional cooking products is considered to be a continuous gas flame having the primary purpose to ignite the gas at the burner(s) that is (are) used to heat or cook food and which remains lit between cooking cycles. The design and configuration, including whether it incorporates any air premixing or whether it has a secondary heating function, does not exclude the device from consideration as constant burning pilot.

DOE also notes that any newly adopted performance standards for conventional cooking products resulting from this current rulemaking would not affect the current prescriptive standards prohibiting constant burning pilots for all gas cooking products.

2. History of Standards Rulemaking for Residential Conventional Cooking Products

The National Appliance Energy Conservation Act of 1987 (NAECA), Public Law 100-12, amended EPCA to establish prescriptive standards for gas cooking products, requiring gas ranges and ovens with an electrical supply cord that are manufactured on or after January 1, 1990, not to be equipped with a constant burning pilot light. NAECA also directed DOE to conduct two cycles of rulemakings to determine if more stringent or additional standards were justified for kitchen ranges and ovens. (42 U.S.C. 6295 (h)(1)-(2))

DOE undertook the first cycle of these rulemakings and published a final rule on September 8, 1998, which found that no standards were justified for conventional electric cooking products at that time. In addition, partially due to the difficulty of conclusively demonstrating that elimination of standing pilots for conventional gas

cooking products without an electrical supply cord was economically justified, DOE did not include amended standards for conventional gas cooking products in the final rule. 63 FR 48038. For the second cycle of rulemakings, DOE published the April 2009 Final Rule amending the energy conservation standards for conventional cooking products to prohibit constant burning pilots for all gas cooking products (

i.e.,

gas cooking products both with or without an electrical supply cord) manufactured on or after April 9, 2012. DOE decided to not adopt energy conservation standards pertaining to the cooking efficiency of conventional electric cooking products because it determined that such standards would not be technologically feasible and economically justified at that time. 74 FR 16040, 16041-16044.

15

15

As part of the April 2009 Final Rule, DOE decided not to adopt energy conservation standards pertaining to the cooking efficiency of microwave ovens. DOE also published a final rule on June 17, 2013 adopting energy conservation standards for microwave oven standby mode and off mode. 78 FR 36316. DOE is not considering energy conservation standards for microwave ovens as part of this rulemaking.

EPCA also requires that, not later than 6 years after the issuance of a final rule establishing or amending a standard, DOE publish a NOPR proposing new standards or a notice of determination that the existing standards do not need to be amended. (42 U.S.C. 6295(m)(1)) Based on this provision, DOE must publish by March 31, 2015, either a NOPR proposing new standards for conventional electric cooking products and/or amended standards for conventional gas cooking products

16

or a notice of determination that the existing standards do not need to be amended.

16

As discussed in section III.A, DOE is also tentatively planning to consider new energy conservation standards for gas cooking products with higher burner input rates, which were previously excluded from standards.

On February 12, 2014, DOE published a request for information (RFI) notice (the February 2014 RFI) to initiate the mandatory review process imposed by EPCA. As part of the RFI, DOE sought input from the public to assist with its determination on whether new or amended standards pertaining to conventional cooking products are warranted. 79 FR 8337. In making this determination, DOE must evaluate whether new or amended standards would (1) yield a significant savings in energy use and (2) be both technologically feasible and economically justified. (42 U.S.C. 6295(o)(3)(B))

III. General Discussion

A. Scope of Coverage

As discussed in section II.A, 6292(a)(10) of EPCA covers kitchen ranges and ovens, or “cooking products.” DOE's regulations define “cooking products” as consumer products that are used as the major household cooking appliances. They are designed to cook or heat different types of food by one or more of the following sources of heat: Gas, electricity, or microwave energy. Each product may consist of a horizontal cooking top containing one or more surface units

17

and/or one or more heating compartments. They must be one of the following classes: Conventional ranges, conventional cooking tops, conventional ovens, microwave ovens, microwave/conventional ranges and other cooking products. (10 CFR 430.2) In this NOPR, DOE is considering energy conservation standards for certain residential conventional cooking products, namely, conventional ovens.

17

The term surface unit refers to burners for gas cooking tops, electric resistance heating elements for electric cooking tops, and inductive heating elements for induction cooking tops.

DOE notes that conventional ranges are defined in 10 CFR 430.2 as a class of kitchen ranges and ovens which is a household cooking appliance, consisting of a conventional cooking top and one or more conventional ovens. In this rulemaking, DOE is not considering gas and electric conventional ranges as a distinct product category and is not basing its product classes on that category. Instead, DOE plans to consider energy conservation standards for conventional cooking tops and conventional ovens separately. Because ranges consist of both a cooking top and oven, any potential cooking top or oven standards would apply to the individual components of the range. DOE invites comment on its proposal to develop two distinct component standards under separate timetables, and whether issues of product design and development, consumer utility, and more broadly, cumulative regulatory burden concerns that could arise as a result of its proposal (see sections IV.J and VII.E). DOE anticipates issuing a NOPR for energy conservation standards for cooktops in the next year. In this NOPR, DOE is proposing to clarify in the definitions of conventional cooking tops and conventional ovens, in 10 CFR 430.2, that these include the individual cooking top or oven portion of a conventional range.

As part of the most recent standards rulemaking for conventional cooking products, DOE decided to exclude residential conventional gas cooking products with higher burner input rates, including products marketed as “commercial-style” or “professional-style,” from consideration of energy conservation standards due to a lack of available data for determining efficiency characteristics of those products. DOE considers these products to be gas cooking tops with burner input rates greater than 14,000 British thermal units (Btu)/hour (h) and gas ovens with burner input rates greater than 22,500 Btu/h. 74 FR 16040, 16054 (Apr. 8, 2009); 72 FR 64432, 64444-64445 (Nov. 15, 2007). DOE also stated that the current DOE cooking products test procedures may not adequately measure performance of gas cooking tops and ovens with higher burner input rates. 72 FR 64432, 64444-64445 (Nov. 15, 2007).

As part of the February 2014 RFI, DOE stated that it tentatively planned to consider energy conservation standards for all residential conventional cooking products, including gas cooking products with higher burner input rates. In addition, DOE stated that it may consider developing test procedures for these products and determine whether separate product classes are warranted. 79 FR 8337, 8340 (Feb. 12, 2014).

The Association of Home Appliance Manufacturers (AHAM) and Whirlpool Corporation (Whirlpool) commented that because there is no test procedure to test commercial-style products, they cannot effectively comment on how these products should be treated in a standards rulemaking, nor can DOE effectively evaluate their energy use. (AHAM, STD No. 9 at p. 2;

18

Whirlpool, STD No. 13 at p. 2) AHAM added that nothing has changed since DOE determined in the April 2009 Final Rule that it lacks efficiency data to determine whether commercial-style cooking products should be excluded from the rulemaking, and thus, DOE cannot make a tentative conclusion to consider energy conservation standards for commercial-style products. (AHAM, STD No. 9 at pp. 2-3) In response to the December 2014 TP SNOPR, Sub Zero Group, Inc. (Sub Zero) stated that DOE's conclusion that the existing test procedure in Appendix I should be used to test ovens with high input rates is incorrect. Sub Zero commented that, due to the lack of data, complexity, and

small potential for energy savings, DOE should exempt commercial-style or “high performance” products from coverage. (Sub Zero, TP No. 20 at p. 3

19

)

18

A notation in the form “AHAM, STD No. 9 at p. 2” identifies a written comment (1) made by AHAM; (2) recorded in document number 9 that is filed in the docket of this energy conservation standards rulemaking (Docket No. EERE-2014-BT-STD-0005) and maintained in the Resource Room of the Building Technologies Program; and (3) which appears on page 2 of document number 9.

19

A notation in the form “Sub Zero, TP No. 20 at p. 3” identifies a written comment (1) made by Sub Zero; (2) recorded in document number 20 that is filed in the docket of the concurrent cooking products test procedures rulemaking (Docket No. EERE-2012-BT-TP-0013) and maintained in the Resource Room of the Building Technologies Program; and (3) which appears on page 3 of document number 20.

Pacific Gas and Electric Company (PG&E), Southern California Gas Company (SCGC), San Diego Gas and Electric (SDG&E), and Southern California Edison (SCE) (collectively, the California investor-owned utilities (IOUs)) supported DOE's decision to consider standards for professional-style gas cooking products and commented that DOE should refer to American National Standards Institute (ANSI) Standard Z83.11-2006/CSA Standard 1.8-2006 (R2011), “Gas Food Service Equipment,” when developing a definition for these products. (California IOUs, STD No. 11 at p. 1)

As discussed in section III.B, DOE proposed to amend the conventional cooking top test procedure in Appendix I to, among other things, measure the energy use of gas cooking tops with high burner input rates and to clarify that the existing conventional oven test procedure is appropriate for ovens with high burner input rates, including products marketed as commercial-style.

See

79 FR 71894 (Dec. 3, 2014). DOE notes that the current definitions for “conventional cooking top,” “conventional oven,” and “conventional range” in 10 CFR 430.2 already cover conventional gas cooking products with higher burner input rates, as these products are household cooking appliances with surface units or compartments intended for the cooking or heating of food by means of a gas flame. As a result, DOE is proposing energy conservation standards for all residential conventional cooking products, including gas cooking products with higher burner input rates. As discussed in section IV.A.2, DOE is not considering establishing a separate product class for gas cooking products with higher burner input rates that are marketed as “commercial-style” and, as a result, DOE is not proposing separate definitions for these products.

Natural Resources Defense Council (NRDC) commented that DOE should separately define commercial and residential gas cooking products. NRDC noted that because of the availability of residential gas cooking tops with higher burner input rates previously associated with commercial use, these burner types are not what define commercial units. NRDC stated that the definitions should be based on more fundamental distinctions between commercial and residential products, such as configuration of the burners on the cooking top, number of burners, or number of high-input rate burners. (NRDC, STD No. 12 at p. 2) As part of this rulemaking, DOE is considering energy conservation standards for residential conventional cooking products. As discussed above, this includes residential conventional gas cooking products with high burner input rates, including those marketed as commercial-style. For these products, DOE tentatively concludes that the existing definitions for conventional cooking top, conventional oven, and conventional range accurately describe the products that are the subject of this rulemaking. In addition, DOE clarifies that the proposed scope of coverage for this rulemaking relates only to consumer products. Thus, this rule applies to those residential conventional cooking products that are of a type which, to any significant extent, are distributed into commerce for personal use or consumption. (

See

42 U.S.C. 6291(1)). These consumer products can be distinguished from commercial/industrial equipment, which are of a type not sold for consumer use. (42 U.S.C. 6311(2)(A)) Thus, DOE is not proposing to define commercial cooking products as part of this rulemaking.

DOE notes that the test procedures for conventional ranges, cooking tops, and ovens found at Appendix I do not address all possible types of combined cooking products (

i.e.,

residential products that combine a conventional cooking product with other appliance functionality, which may or may not include another cooking product), such as microwave/conventional ovens or any other products that may combine a conventional cooking product with other appliance functionality that is not a conventional cooking product. DOE stated in the February 2014 RFI that because test procedures are not available addressing products that combine a conventional cooking product with other appliance functionality that is not a conventional cooking product (

e.g.,

microwave/conventional ovens), DOE is not considering energy conservation standards for such products at this time. 79 FR 8337, 8340 (Feb. 12, 2014).

AHAM and Whirlpool agreed with DOE's tentative determination to not consider standards for combined cooking products. (AHAM, STD No. 9 at p. 3; Whirlpool STD No. 13 at p. 2) AHAM stated that combined products are too diverse and probably do not occupy enough of the market to justify coverage by DOE. AHAM stated that DOE has not provided sufficient analysis on each of these products to justify their coverage, nor has DOE provided adequate definitions. Thus, AHAM continues to oppose the inclusion of combined products in the scope of covered products in the conventional cooking products rulemakings. (AHAM, STD No. 9 at p. 3) In the absence of comments opposing this determination and for the reasons discussed above, DOE is not considering energy conservation standards in this NOPR for products that may combine a conventional cooking product with other appliance functionality that is not a conventional cooking product.

B. Further Rulemaking To Consider Energy Conservation Standards for Conventional Cooking Tops

As part of this rulemaking, DOE intends only to address energy conservation standards for conventional ovens, including conventional ovens that are a part of conventional ranges. In response to the concurrent cooking products test procedure proposed rulemaking, DOE received a number of comments from interested parties that presented information and arguments for deferring the rulemaking process to consider standards for conventional cooking tops until a representative, repeatable, and reproducible test procedure could be developed. DOE also conducted a series of manufacturer interviews and performed additional testing in order to confirm stakeholder comments that additional study was warranted before establishing both a test procedure and amended standards for conventional cooking tops. These comments and DOE's response are discussed below.

In the January 2013 TP NOPR, DOE proposed amendments to the cooking products test procedure in Appendix I to subpart B of Title 10 of the CFR part 430 that would allow for testing the active mode energy consumption of induction cooking products;

i.e.,

conventional cooking tops and ranges equipped with induction heating technology for one or more surface units on the cooking top. DOE proposed to incorporate induction cooking tops by amending the definition of “conventional cooking top” to include induction heating technology. Furthermore, DOE proposed to require for all cooking tops the use of test equipment compatible with induction technology. Specifically, DOE proposed to replace the solid aluminum test

blocks currently specified in the test procedure for cooking tops with hybrid test blocks comprising two separate pieces: An aluminum body and a stainless steel base. 78 FR 6232, 6234 (Jan. 30, 2013).

AHAM commented that DOE should rely on the finalized version of the test procedure (

i.e.,

the October 2012 TP Final Rule) and not a proposed test procedure when evaluating energy conservation standards, particularly given the significant opposing comments that question the validity of the proposed test procedure for cooking tops (as discussed in AHAM's comments on the January 2013 TP NOPR). Accordingly, AHAM stated that DOE should address AHAM's and other stakeholder comments regarding induction cooking and finalize amendments to the test procedure before using those amendments to conduct any analysis for the standards rulemaking, or else proceed without addressing induction cooking products in this round of standards rulemaking. (AHAM, STD No. 9 at pp. 3-4, 6, 7)

AHAM and Whirlpool commented that a test procedure should be developed to address commercial-style cooking products if DOE plans to evaluate them in a standards analysis. (AHAM, STD No. 9 at p. 2; Whirlpool, STD No. 13 at p. 1) AHAM also commented that DOE should either proceed without addressing commercial-style products as it did for the April 2009 Final Rule or delay the rulemaking analysis until there is a finalized test procedure that can measure commercial-style products. (AHAM, STD No. 9 at p. 4, 6, 7) AHAM added that it cannot provide data regarding the differences between residential-style and commercial-style gas cooking products without a test procedure to measure higher input rated burners. (AHAM, STD No. 9 at p. 7) The California IOUs supported amending the test procedure to measure the energy use of residential conventional gas cooking products with higher burner input rates. (California IOUs, STD No. 11 at p. 2)

In the December 2014 TP SNOPR, DOE modified its proposal from the January 2013 TP NOPR to specify different test equipment that would allow for measuring the energy efficiency of induction cooking tops, and would include an additional test block size for electric surface units with large diameters (both induction and electric resistance). 79 FR 71894 (Dec. 3, 2014). In addition, DOE proposed methods to test non-circular electric surface units, electric surface units with flexible concentric cooking zones, and full-surface induction cooking tops.

Id.

In the December 2014 TP SNOPR, DOE also proposed amendments to add a larger test block size to test gas cooking top burners with higher input rates.

Id.

AHAM formally requested an extension of the comment period for the December 2014 TP SNOPR, citing the difficulty the members had procuring the specified hybrid test block materials, and noting that many manufacturers were not able to properly assess the new specifications, testing variation, repeatability, and reproducibility of the proposed test procedure before the comment period closed. (AHAM, TP No. 14 at p. 1) AHAM also expressed concern with DOE's choice to pursue an accelerated rulemaking schedule for cooking products, stating that DOE's deadlines did not allow for a thorough technical examination. AHAM believes DOE has not conducted adequate outreach to manufacturers, has not been sufficiently transparent in its data collection and analysis, and has failed to adhere to its own Process Improvement Rule, which calls for all of the above. AHAM asked DOE to conduct more substantive dialogue with stakeholders that would result in more in-depth comments on the test procedure SNOPR and advised DOE that the cooking top test procedure as proposed in the December 2014 TP SNOPR may result in technical problems. (AHAM, TP No. 18 at pp. 1-2)

Both the BSH Home Appliances Corporation (BSH) and General Electric Appliances (GE) confirmed that delays associated with acquiring the hybrid test block materials meant they needed additional time to evaluate DOE's proposed cooking top test procedure. (BSH, TP No. 16 at p. 2; GE, TP No. 17 at p. 1) BSH commented that the proposed hybrid test block method fails to cover several aspects which are necessary to enhance the reproducibility of measuring cooking top energy consumption, such as test load sizing and positioning, and recommended DOE take into account important specifications which are already fixed in International Electrotechnical Commission (IEC) Standard 60350-2 Edition 2, “Household electric appliances—Part 2: Hobs—Method for measuring performance” (IEC Standard 60350-2). (BSH, TP No. 16 at p. 1) Further, both manufacturers and AHAM suggested that DOE specify additional test block diameters because the test block sizes proposed by DOE do not adequately reflect the surface unit sizes currently available on the market. (BSH, TP No. 16 at p. 5; GE, TP No. 17 at p 2; AHAM, TP No. 18 at p. 2)

Stakeholders also expressed a significant number of concerns with the use of thermal grease. GE noted that since receiving DOE's proposal, it has not been able to replicate the DOE test results using the methods described. (GE, TP No. 17 at p. 2) Specifically, GE observed that the aluminum body slid off the stainless steel base during the test, that the thermal grease dried out, and that the amount of grease between the blocks changed from one test to another. (GE, TP No. 17 at p. 2) Both manufacturers and AHAM requested that DOE specify an operating temperature range for the thermal grease as well as an application thickness to address these issues, but also noted that the thermal conductivity and viscosity of the grease may still change over time or after repeated use at high temperatures. (BSH, TP No. 16 at p. 11; GE, TP No. 17 at p. 2; AHAM, TP No. 18 at p. 3) GE further commented that the variation introduced by the hybrid test block due to block construction, flatness, thermal grease, and inadequate sizing, may be small sources of variation individually, but collectively, these issues result in a test method that is incapable of being able to reliably discern efficiency differences between similar products, alternate technology options, and product classes. Thus, GE believes the test method proposed for conventional cooking tops in the December 2014 TP SNOPR results in too much variability to serve as the basis for establishing a standard. (GE, TP No. 17 at p. 3)

The California IOUs also stated that they prefer an alternative to the hybrid test block and recommended that DOE require water-heating test methods to measure the cooking efficiency of conventional cooking tops. Specifically, the California IOUs requested that DOE align the residential cooking product test methods with existing industry test procedures, such as ASTM F1521-12 and IEC Standard 60350-2. (California IOUs, TP No. 19 at p. 1) The California IOUs commented that they plan to conduct additional testing to better characterize the differences between the water-heating and hybrid test block test procedures, and will provide these results to DOE. According to the California IOUs, the differences in test procedure standard deviation between the hybrid test block and water-heating test method as presented in the December 2014 TP SNOPR did not sufficiently show that the hybrid test block method is more repeatable than a water-heating method. (California IOUs, TP No. 19 at p. 2) Additionally, the California IOUs believe cooking

efficiencies derived using a water-heating test method are more representative of the actual cooking performance of cooking tops as opposed to a test procedure using hybrid test blocks since many different foods prepared on cooktops will have relatively high liquid content. (California IOUs, TP No. 19 at p. 1)

In February and March of 2015, DOE conducted a series of interviews with manufacturers of conventional cooking products, representing the majority of the U.S. market, regarding the proposed cooking top test procedure. Manufacturers agreed that the hybrid test block method, as proposed, presented many issues which had not yet been addressed, and which left the repeatability and reproducibility of the test procedure in question. These concerns were similar to those expressed in written comments but came from a larger group of contributing manufacturers and included:

• Difficulty obtaining the hybrid test block materials;

• Difficulty obtaining and applying the thermal grease without more detailed specifications (

i.e.,

thermal conductivity alone was not sufficient to identify a grease that performed according to DOE's descriptions in the SNOPR);

• Difficulty testing induction cooking tops that use different programming techniques to prevent overheating (some manufacturers still observed that power to the heating elements cut off prematurely during testing with the hybrid test block, despite adding thermal grease); and

• The need for larger test block sizes to test electric surface units having 12-inch and 13-inch diameters and gas surface units with high input rates.

Interviewed manufacturers that produce and sell products in Europe overwhelmingly supported the use of water-heating test method and harmonization with IEC Standard 60350-2 for measuring the energy consumption of electric cooking tops. These manufacturers noted that the benefits of pursuing a test method similar to the IEC water-heating method include compatibility with all electric cooking top types, additional cookware diameters to account for the variety of surface unit sizes on the market, and the test load's ability to represent a real-world cooking top load.

For these reasons, DOE has decided to continue the energy conservation standards rulemaking for conventional ovens but to defer its decision regarding adoption of energy conservation standards for conventional cooking tops until a representative, repeatable and reproducible test method for cooking tops is finalized. At such time, DOE will consider further modifications to DOE's cooking top active mode test procedure and, on the basis of such an amended test procedure, DOE will analyze potential energy conservation standards for cooking top energy consumption. DOE invites data and information that will allow it to further conduct the analysis of cooking tops, particularly when using a water-heating method to evaluate energy consumption. DOE anticipates issuing additional notices for cooking top test procedures and standards in order to obtain public input on DOE's updated proposals. As part of these notices, DOE will carefully consider and address any cooking top-related comments on the December 2014 TP SNOPR and the February 2014 RFI that remain relevant.

C. Test Procedure

DOE's test procedures for conventional ranges, conventional cooking tops, conventional ovens, and microwave ovens are codified at appendix I to subpart B of Title 10 of the CFR part 430.

DOE established the test procedures in a final rule published in the

Federal Register

on May 10, 1978. 43 FR 20108, 20120-20128. DOE revised its test procedures for cooking products to more accurately measure their efficiency and energy use, and published the revisions as a final rule in 1997. 62 FR 51976 (Oct. 3, 1997). These test procedure amendments included: (1) A reduction in the annual useful cooking energy; (2) a reduction in the number of Self-Clean oven cycles per year; and (3) incorporation of portions of IEC Standard 705-1988, “Methods for measuring the performance of microwave ovens for household and similar purposes,” and Amendment 2-1993 for the testing of microwave ovens.

Id.

The test procedures for conventional cooking products establish provisions for determining estimated annual operating cost, cooking efficiency (defined as the ratio of cooking energy output to cooking energy input), and energy factor (defined as the ratio of annual useful cooking energy output to total annual energy input). 10 CFR 430.23(i); Appendix I.

DOE subsequently conducted a rulemaking to address standby and off mode energy consumption, as well as certain active mode (

i.e.,

fan-only mode) testing provisions, for residential conventional cooking products. DOE published a final rule on October 31, 2012 (77 FR 65942, the October 2012 TP Final Rule), adopting standby and off mode provisions that satisfy the EPCA requirement that DOE include measures of standby mode and off mode energy consumption in its test procedures for residential products, if technically feasible. (42 U.S.C. 6295(gg)(2)(A))

In the December 2014 TP SNOPR, DOE proposed modifications to the test block used to evaluate conventional cooking top energy consumption. As discussed in section III.B, DOE plans to consider further modifications to DOE's cooking top active mode test procedure in a future rulemaking. In the December 2014 TP SNOPR, DOE also proposed to incorporate methods for measuring conventional oven volume, clarified that the existing oven test block must be used to test all ovens regardless of input rate, and provided a method to measure the energy consumption and efficiency of conventional ovens equipped with an oven separator. 79 FR 71894 (Dec. 3, 2014). DOE is proposing energy conservation standards for conventional ovens in this NOPR based on these proposals in the December 2014 TP SNOPR. DOE intends to update the standards rulemaking analyses based on any final amendments related to ovens developed as part of the concurrent test procedure rulemaking. DOE recognizes that interested parties need sufficient time to evaluate the proposed energy conservation standards using the final test procedure for conventional ovens. DOE considers the stated energy conservation standards rulemaking process to provide sufficient time to submit meaningful comments based on a finalized DOE conventional oven test procedure.

D. Technological Feasibility

1. General

In each energy conservation standards rulemaking, DOE conducts a screening analysis based on information gathered on all current technology options and prototype designs that could improve the efficiency of the products or equipment that are the subject of the rulemaking. As the first step in such an analysis, DOE develops a list of technology options for consideration in consultation with manufacturers, design engineers, and other interested parties. DOE then determines which of those means for improving efficiency are technologically feasible. DOE considers technologies incorporated in commercially available products or in working prototypes to be technologically feasible. 10 CFR part 430, subpart C, appendix A, section 4(a)(4)(i).

After DOE has determined that particular technology options are technologically feasible, it further

evaluates each technology option in light of the following additional screening criteria: (1) Practicability to manufacture, install, and service; (2) adverse impacts on product utility or availability; and (3) adverse impacts on health or safety. 10 CFR part 430, subpart C, appendix A, section 4(a)(4)(ii)-(iv). Section IV.B of this notice discusses the results of the screening analysis for residential conventional ovens, particularly the designs DOE considered, those it screened out, and those that are the basis for the trial standard levels (TSLs) in this rulemaking. For further details on the screening analysis for this rulemaking, see chapter 4 of the NOPR Technical Support Document (TSD).

2. Maximum Technologically Feasible Levels

When DOE proposes to adopt an amended standard for a type or class of covered product, it must determine the maximum improvement in energy efficiency or maximum reduction in energy use that is technologically feasible for such product. (42 U.S.C. 6295(p)(1)) Accordingly, in the engineering analysis, DOE determined the maximum technologically feasible (“max-tech”) improvements in energy efficiency for residential conventional ovens, using the design parameters for the most efficient products available on the market or in working prototypes, and information from the previous rulemaking. The max-tech levels that DOE determined for this rulemaking are described in section IV.C.3 of this proposed rule and in chapter 5 of the NOPR TSD.

E. Energy Savings

1. Determination of Savings

For each TSL, DOE projected energy savings from the products that are the subject of this rulemaking purchased in the 30-year period that begins in the year of compliance with new and amended standards (2019 to 2048).

20

The savings are measured over the entire lifetime of products purchased in the 30-year analysis period. DOE quantified the energy savings attributable to each TSL as the difference in energy consumption between each standards case and the base case. The base case represents a projection of energy consumption in the absence of new and amended efficiency standards, and it considers market forces and policies that affect demand for more efficient products.

20

DOE also presents a sensitivity analysis that considers impacts for products shipped in a 9-year period.

DOE uses its national impact analysis (NIA) spreadsheet models to estimate energy savings from potential new and amended standards. The NIA spreadsheet model (described in section IV.H of this notice) calculates energy savings in site energy, which is the energy directly consumed by products at the locations where they are used. For electricity, DOE calculates national energy savings in terms of primary energy savings, which is the savings in the energy that is used to generate and transmit the site electricity. For electricity, natural gas, and oil, DOE also calculates full-fuel-cycle (FFC) energy savings. As discussed in DOE's statement of policy and notice of policy amendment, the FFC metric includes the energy consumed in extracting, processing, and transporting primary fuels (

i.e.,

coal, natural gas, petroleum fuels), and thus presents a more complete picture of the impacts of energy efficiency standards. 76 FR 51281 (Aug. 18, 2011), as amended at 77 FR 49701 (Aug. 17, 2012).

To calculate primary energy savings, DOE derives annual conversion factors from the model used to prepare the Energy Information Administration's (EIA) most recent

Annual Energy Outlook

(

AEO

).

21

For FFC energy savings, DOE's approach is based on the calculation of an FFC multiplier for each of the energy types used by covered products or equipment. For more information, see section IV.H.2.

21

For this NOPR, DOE used AEO 2014. Available at

http://www.eia.gov/forecasts/AEO/.

2. Significance of Savings

To adopt standards for a covered product, DOE must determine that such action would result in “significant” energy savings. (42 U.S.C. 6295(o)(3)(B)) Although the term “significant” is not defined in the Act, the U.S. Court of Appeals for the District of Columbia Circuit, in

Natural Resources Defense Council

v.

Herrington,

768 F.2d 1355, 1373 (D.C. Cir. 1985), opined that Congress intended “significant” energy savings in the context of EPCA to be savings that were not “genuinely trivial.” The energy savings for the proposed standards (presented in section IV.H.2) are nontrivial, and, therefore, DOE considers them “significant” within the meaning of section 325 of EPCA.

F. Economic Justification

1. Specific Criteria

EPCA provides seven factors to be evaluated in determining whether a potential energy conservation standard is economically justified. (42 U.S.C. 6295(o)(2)(B)(i)) The following sections discuss how DOE has addressed each of those seven factors in this rulemaking.

a. Economic Impact on Manufacturers and Consumers

In determining the impacts of a potential amended standard on manufacturers, DOE conducts a manufacturer impact analysis (MIA), as discussed in section IV.J. DOE first uses an annual cash-flow approach to determine the quantitative impacts. This step includes both a short-term assessment—based on the cost and capital requirements during the period between when a regulation is issued and when entities must comply with the regulation—and a long-term assessment over a 30-year period. The industry-wide impacts analyzed include industry net present value (INPV), which values the industry on the basis of expected future cash flows; cash flows by year; changes in revenue and income; and other measures of impact, as appropriate. Second, DOE analyzes and reports the impacts on different types of manufacturers, including impacts on small manufacturers. Third, DOE considers the impact of standards on domestic manufacturer employment and manufacturing capacity, as well as the potential for standards to result in plant closures and loss of capital investment. Finally, DOE takes into account cumulative impacts of various DOE regulations and other regulatory requirements on manufacturers.

For individual consumers, measures of economic impact include the changes in LCC and PBP associated with new or amended standards. These measures are discussed further in the following section. For consumers in the aggregate, DOE also calculates the national net present value of the economic impacts applicable to a particular rulemaking. DOE also evaluates the LCC impacts of potential standards on identifiable subgroups of consumers that may be affected disproportionately by a national standard.

b. Savings in Operating Costs Compared to Increase in Price

EPCA requires DOE to consider the savings in operating costs throughout the estimated average life of the covered product in the type (or class) compared to any increase in the price of, or in the initial charges for, or maintenance expenses of, the covered product that are likely to result from a standard. (42 U.S.C. 6295(o)(2)(B)(i)(II)) DOE conducts this comparison in its LCC and PBP analysis.

The LCC is the sum of the purchase price of a product (including its installation) and the operating expense (including energy, maintenance, and repair expenditures) discounted over the lifetime of the product. The LCC analysis requires a variety of inputs, such as product prices, product energy consumption, energy prices, maintenance and repair costs, product lifetime, and consumer discount rates. To account for uncertainty and variability in specific inputs, such as product lifetime and discount rate, DOE uses a distribution of values, with probabilities attached to each value. For its analysis, DOE assumes that consumers will purchase the covered products in the first year of compliance with amended standards.

The LCC savings for the considered efficiency levels are calculated relative to a base case that reflects projected market trends in the absence of amended standards. DOE identifies the percentage of consumers estimated to receive LCC savings or experience an LCC increase, in addition to the average LCC savings associated with a particular standard level. DOE's LCC and PBP analysis is discussed in further detail in section IV.F.

c. Energy Savings

Although significant conservation of energy is a separate statutory requirement for adopting an energy conservation standard, EPCA requires DOE, in determining the economic justification of a standard, to consider the total projected energy savings that are expected to result directly from the standard. (42 U.S.C. 6295(o)(2)(B)(i)(III)) As discussed in section IV.H.2, DOE uses spreadsheet models to project national energy savings.

d. Lessening of Utility or Performance of Products

In establishing classes of products, and in evaluating design options and the impact of potential standard levels, DOE evaluates potential standards that would not lessen the utility or performance of the considered products. (42 U.S.C. 6295(o)(2)(B)(i)(IV)) Based on data available to DOE, the standards proposed in this notice would not reduce the utility or performance of the products under consideration in this rulemaking.

e. Impact of Any Lessening of Competition

EPCA directs DOE to consider the impact of any lessening of competition, as determined in writing by the Attorney General, that is likely to result from a proposed standard. (42 U.S.C. 6295(o)(2)(B)(i)(V)) It also directs the Attorney General to determine the impact, if any, of any lessening of competition likely to result from a proposed standard and to transmit such determination to the Secretary within 60days of the publication of a proposed rule, together with an analysis of the nature and extent of the impact. (42 U.S.C. 6295(o)(2)(B)(ii)) DOE will transmit a copy of this proposed rule to the Attorney General with a request that the Department of Justice (DOJ) provide its determination on this issue. DOE will publish and respond to the Attorney General's determination in the final rule.

f. Need for National Energy Conservation

DOE also considers the need for national energy conservation in determining whether a new or amended standard is economically justified. (42 U.S.C. 6295(o)(2)(B)(i)(VI)) The energy savings from new or amended standards are likely to provide improvements to the security and reliability of the nation's energy system. Reductions in the demand for electricity also may result in reduced costs for maintaining the reliability of the nation's electricity system. DOE conducts a utility impact analysis to estimate how standards may affect the nation's needed power generation capacity, as discussed in section IV.M.

New or amended standards also are likely to result in environmental benefits in the form of reduced emissions of air pollutants and greenhouse gases (GHGs) associated with energy production and use. DOE conducts an emissions analysis to estimate how standards may affect these emissions, as discussed in section IV.K. DOE reports the emissions impacts from each TSL it considered in section IV.K of this notice. DOE also estimates the economic value of emissions reductions resulting from the considered TSLs, as discussed in section IV.L.

g. Other Factors

EPCA allows the Secretary of Energy, in determining whether a standard is economically justified, to consider any other factors that the Secretary deems to be relevant. (42 U.S.C. 6295(o)(2)(B)(i)(VII)) To the extent interested parties submit any relevant information regarding economic justification that does not fit into the other categories described above, DOE could consider such information under “other factors.”

2. Rebuttable Presumption

As set forth in 42 U.S.C. 6295(o)(2)(B)(iii), EPCA creates a rebuttable presumption that an energy conservation standard is economically justified if the additional cost to the consumer of a product that meets the standard is less than three times the value of the first year's energy savings resulting from the standard, as calculated under the applicable DOE test procedure. DOE's LCC and PBP analyses generate values used to calculate the effects that proposed energy conservation standards would have on the payback period for consumers. These analyses include, but are not limited to, the 3-year payback period contemplated under the rebuttable-presumption test. In addition, DOE routinely conducts an economic analysis that considers the full range of impacts to consumers, manufacturers, the Nation, and the environment, as required under 42 U.S.C. 6295(o)(2)(B)(i). The results of this analysis serve as the basis for DOE's evaluation of the economic justification for a potential standard level (thereby supporting or rebutting the results of any preliminary determination of economic justification). The rebuttable presumption payback calculation is discussed in section IV.F.11 of this proposed rule.

IV. Methodology and Discussion of Comments

DOE used several analytical tools to estimate the impact of the proposed standards. The first tool is a spreadsheet that calculates the LCC and PBP of potential energy conservation standards. The national impacts analysis uses a spreadsheet set that provides shipments forecasts and calculates national energy savings and net present value resulting from potential energy conservation standards. DOE uses the third spreadsheet tool, the Government Regulatory Impact Model (GRIM), to assess manufacturer impacts of potential standards. These three spreadsheet tools are available at the Web site for this rulemaking:

http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx?ruleid=85

. Additionally, DOE used output from the EIA's

Annual Energy Outlook

(

AEO) 2014,

a widely known energy forecast for the United States, for the emissions and utility impact analyses.

A. Market and Technology Assessment

1. General

For the market and technology assessment, DOE develops information

that provides an overall picture of the market for the products concerned, including the purpose of the products, the industry structure, and market characteristics. This activity includes both quantitative and qualitative assessments, based primarily on publicly available information. Chapter 3 of the NOPR TSD contains additional discussion of the market and technology assessment.

2. Product Classes

When evaluating and establishing energy conservation standards, DOE divides covered products into product classes by the type of energy used or by capacity or other performance-related features that justifies a different standard. In making a determination whether a performance-related feature justifies a different standard, DOE must consider such factors as the utility to the consumer of the feature and other factors DOE determines are appropriate. (42 U.S.C. 6295(q))

During the previous energy conservation standards rulemaking for cooking products, DOE evaluated product classes for conventional ovens based on energy source (

i.e.,

gas or electric). These distinctions initially yielded two conventional oven product classes: (1) Gas ovens; and (2) electric ovens. DOE later determined that the type of oven-cleaning system is a utility feature that affects performance. DOE found that standard ovens and ovens using a catalytic continuous-cleaning process use roughly the same amount of energy. On the other hand, Self-Clean ovens use a pyrolytic process that provides enhanced consumer utility with lower overall energy consumption as compared to either standard or catalytically lined ovens. DOE defined the following product classes in the TSD for the April 2009 Final Rule (2009 TSD)

22

for conventional ovens:

22

The technical support document from the previous residential cooking products standards rulemaking is available at:

http://www.regulations.gov/#!documentDetail;D=EERE-2006-STD-0127-0097

.

• Electric ovens—standard oven with or without a catalytic line;

• Electric ovens—self-clean oven;

• Gas ovens—standard oven with or without a catalytic line; and

• Gas ovens—self-clean oven.

As part of the February 2014 RFI, DOE stated that it tentatively plans to maintain the product classes for conventional ovens from the previous standards rulemaking, as presented above. DOE stated that it may consider whether separate product classes are warranted for conventional gas ovens with higher burner input rates. 79 FR 8337, 8341-8342 (Feb. 12, 2014).

Based on DOE's review of gas conventional ovens and ranges available on the U.S. market, and based on manufacturer interviews and testing conducted as part of the engineering analysis described in section IV.C and Chapter 5 of the TSD, DOE notes that the self-cleaning function of the self-clean oven may employ methods other than a high temperature pyrolytic cycle to perform the cleaning action. Specifically, DOE is aware of a type of self-cleaning oven that uses a proprietary oven coating and water to perform a self-clean cycle with a shorter duration and at a significantly lower temperature setting. The self-cleaning cycle for these ovens, unlike catalytically-lined standard ovens that provide continuous cleaning during normal baking, still have a separate self-cleaning mode that is user-selectable and must be tested separately. In this NOPR, DOE is clarifying that a self-clean electric or gas conventional oven is an oven that has a user-selectable mode separate from the normal baking mode, not intended to heat or cook food, which is dedicated to cleaning and removing cooking deposits from the oven cavity walls.

With regard to commercial-style products, AHAM commented that without a definition or test procedure for such products, neither AHAM nor DOE can determine at this stage whether these products would warrant a separate product class. AHAM noted that DOE should first develop a test procedure for these products to allow for analysis of them. (AHAM, No. 9 at p. 12)

Based on DOE's review of the residential conventional gas ovens available on the market, residential-style gas ovens typically have an input rate of 16,000 to 18,000 Btu/h whereas residential gas ovens marketed as commercial-style typically have burner input rates ranging from 22,500 to 30,000 Btu/h.

23

Additional review of both the residential-style and commercial-style gas oven cavities indicated that there is significant overlap in oven cavity volume between the two oven types. Standard residential-style gas oven cavities range from 2.5 to 5.6 cubic feet (ft

3

) in volume and gas ovens marketed as commercial-style have cavity volumes ranging from 3.0 to 6.0 ft

3

. Sixty percent of the commercial-style models surveyed had cavity volumes between 4.0 and 5.0 ft

3

while fifty percent of the standard models had cavity volumes between 4.0 and 5.0 ft

3

. The primary differentiating factor between the two oven types was burner input rate, which is greater than 22,500 Btu/h for commercial-style gas ovens.

23

However, DOE noted that many gas ranges, while marketed as commercial- or professional-style and having multiple surface units with high input rates, did not have a gas oven with a burner input rate above 22,500 Btu/h.

As discussed in the December 2014 TP SNOPR, DOE determined that the test load for ovens as specified in the existing DOE test procedure in Appendix I is appropriate for gas ovens with burner input rates greater than 22,500 Btu/h. 79 FR at 71915-71916. As a result, DOE conducted testing for this NOPR to determine whether conventional gas ovens with higher burner input rates warrant establishing a separate product class. DOE evaluated the cooking efficiency of the eight conventional gas ovens listed in Table IV-1. Five of these ovens had burners rated at 18,000 Btu/h or less and the remaining three had burner input rates ranging from 27,000 Btu/h to 30,000 Btu/h.

Table IV-1—Performance Characteristics of Gas Oven Test Sample

Test unit No.

Type

Installation

configuration

Burner

input rate

(Btu/h)

Cavity

volume

(cubic feet

(ft

3

))

Measured

cooking

efficiency

(percent)

Normalized

cooking

efficiency **

(percent)

1

Standard

Freestanding

18,000

4.8

6.6

7.0

2

Standard

Freestanding

18,000

4.8

6.0

6.3

3

Self-Clean

Freestanding

18,000

5.0

7.6

8.1

4

Standard

Freestanding

16,500

4.4

6.2

6.2

5

Self-Clean

Built-in

13,000

2.8

9.4

8.3

6

Standard *

Freestanding

28,000

5.3

4.3

5.1

7

Standard *

Slide-in

27,000

4.4

5.2

5.2

8

Standard *

Freestanding

30,000

5.4

3.9

4.7

* These products are marketed as commercial-style gas ovens.

** Measured cooking efficiency normalized to a fixed cavity volume of 4.3 cubic feet.

The measured cooking efficiencies for ovens with burner input rates above 22,500 Btu/h were lower than for ovens with ratings below 22,500 Btu/h, even after normalizing cooking efficiency to a fixed cavity volume. However, DOE also noted that the conventional gas ovens with higher burner input rates in DOE's test sample were marketed as commercial-style and had greater total thermal mass, including heavier racks and thicker cavity walls, even after normalizing for cavity volume. To determine whether the lower measured efficiency of these ovens was due to the higher input rate burners, DOE isolated the heating element from the thermal mass of the oven by placing 1-inch thick insulation on all surfaces inside the oven cavity, except for the bottom of the cavity where the burner was located, and ran tests according to the DOE test procedure. By adding insulation, heat transfer to the cavity walls was minimized and retained in the cavity to heat the test block. DOE selected test unit 3 and test unit 8 in Table IV-1 for test because of the similarity in cavity volume, their difference in efficiency, and their differing input rate (18,000 Btu/h and 30,000 Btu/h, respectively). Figure IV.1 displays the resulting test block temperature increase as a function of test time, measured with and without insulation lining the interior oven cavity walls.

EP10JN15.000

Without the added insulation inside the oven cavity, the temperature rise in the test block was similar for each oven, despite the large difference in burner input rate. In contrast, by adding insulation inside the cavity, the test block temperature in the 30,000 Btu/h oven increased at a faster rate than in the 18,000 Btu/h oven. This suggests that much of the energy input to the 30,000 Btu/h oven goes to heating the added mass of the cavity, rather than the test load, resulting in relatively lower measured efficiency.

DOE also investigated the time it took each oven in the test sample to heat the test load to a final test temperature of 234 degrees Fahrenheit (°F) above its initial temperature, specified in the DOE test procedure in Appendix I. As shown in Table IV-2, gas ovens with burner input rates greater than 22,500 Btu/h do not heat the test load significantly faster than the ovens with lower burner input rates, and two out of the three units with the higher burner input rates took longer than the average time to heat the test load. Therefore, DOE preliminarily concludes that there is no unique utility associated with faster cook times that is provided by gas ovens with burner input rates greater than 22,500 Btu/h.

Table IV-2—Gas Oven Test Times

Unit

Type

Burner input rate

(Btu/h)

Bake time to

reach 234 °F

above initial temp

(min)

Difference in

time from avg

(min)

1

Standard

18,000

43.6

−3.8

2

Standard

18,000

43.6

−3.8

3

Self-Clean

18,000

47.2

−0.2

4

Standard

16,500

44.9

−2.5

5

Self-Clean

13,000

48.9

1.5

6

Standard *

28,000

48.9

1.5

7

Standard *

27,000

45.4

−2.0

8

Standard *

30,000

57.2

9.8

Average

47.4

* Test units 6, 7, and 8 are marketed as commercial-style ovens.

In response to the December 2014 TP SNOPR, Sub Zero commented that categorizing all ovens under the term conventional cooking suggests that DOE is unaware of the significant positive differences provided to a subset of consumers by commercial-style products. (Sub Zero, TP No. 20 at p. 2) If standards are to be proposed, Sub Zero requested that the product classes be significantly expanded in number to recognize the unique and important utility and performance attributes associated with “high performance” cooking products. (Sub Zero, TP No. 20 at p. 3) Sub Zero suggested that these products offer residential consumers performance similar to that found in restaurants, at a safety and convenience level that is acceptable for residential use. Commercial-style ovens would thus include gas ranges in widths up to 60 inches, gas ovens up to 36 inches wide with high output infrared broilers and convection fans, dual fuel ranges combining gas cooktops with sealed burners and large, electric self-cleaning convection ovens that use hidden bake elements and multiple heating circuits for added control, as well as separate convection elements or multiple convection fans. Sub Zero believes that analysis based largely on the traditional 30-inch wide gas or electric range cannot adequately evaluate the very different performance attributes offered by high performance products which are essential to consumer utility. (Sub Zero, TP No. 20 at p. 2)

In selecting a test sample to support DOE's engineering analysis, discussed in section IV.C.2 and Chapter 5 of the TSD, DOE attempts to capture a wide range of products having features that may result in the determination of additional product classes. DOE included two commercial-style gas ovens greater than 30-inches in width as part of its test sample. DOE is not aware of data showing the improved cooking performance of these products due to the features described in the comments as compared to conventional gas ovens not marketed as commercial-style or commercial-style gas ovens less than or equal to 30 inches in width. All of the commercial-style ovens evaluated by DOE contained features such as infrared broilers, convection fans, and hidden bake elements, but DOE observed that many of the same features were also available in conventional gas ovens with lower input rates. DOE welcomes data demonstrating the improved cooking performance associated with the features for commercial-style gas ovens with widths greater than 30-inches that result in increased energy consumption, but are not available in conventional gas ovens with lower input rates or commercial-style gas ovens with widths of 30 inches or less.

Based on DOE's testing, reverse engineering, and additional discussions with manufacturers, DOE determined that the major differentiation between conventional gas ovens with lower burner input rates and those with higher input rates, including those marketed as commercial-style, was design and construction related to aesthetics rather than improved cooking performance. Further, DOE did not identify any unique utility conferred by commercial-style gas ovens. For the reasons discussed above, DOE is not proposing to establish a separate product class for conventional gas ovens with higher burner input rates.

As discussed in section III.B, in the October 2012 TP Final Rule, DOE amended appendix I to include methods for measuring fan-only mode.

24

Based on DOE's testing of freestanding, built-in, and slide-in conventional gas and electric ovens, DOE noted that all of the built-in and slide-in ovens tested consumed energy in fan-only mode, whereas freestanding ovens did not. The energy consumption in fan-only mode for built-in and slide-in ovens ranged from approximately 1.3 to 37.6 watt-hours (Wh) per cycle (0.25 to 7.6 kWh/yr). Based on DOE's reverse engineering analyses discussed in section IV.C.2, DOE noted that built-in and slide-in products had an additional exhaust fan and vent assembly that was not present in freestanding products. The additional energy required to exhaust air from the oven cavity is necessary for slide-in and built-in installation configurations to meet safety-related temperature requirements because the oven is enclosed in cabinetry. For these reasons, DOE proposes to include separate product classes for freestanding and built-in/slide-in ovens.

24

Fan-only mode is an active mode that is not user-selectable in which a fan circulates air internally or externally to the cooking product for a finite period of time after the end of the heating function.

In summary, DOE proposes the product classes listed in Table IV-3 for the NOPR.

Table IV-3—Proposed Product Classes for Conventional Ovens

Product class

Product type

Sub-category

Installation type

1

Electric oven

Standard with or without a catalytic line

Freestanding.

2

Built-in/Slide-in.

3

Self-clean

Freestanding.

4

Built-in/Slide-in.

5

Gas oven

Standard with or without a catalytic line

Freestanding.

6

Built-in/Slide-in.

7

Self-clean

Freestanding.

8

Built-in/Slide-in.

3. Technology Options

As part of the market and technology assessment, DOE uses information about existing and past technology options and prototype designs to help identify technologies that manufacturers could use to improve energy efficiency. Initially, these technologies encompass all those that DOE believes are technologically feasible. Chapter 3 of the NOPR TSD includes the detailed list and descriptions of all technology options identified for this equipment.

In the February 2014 RFI, DOE stated that based on a preliminary review of the cooking products market and information published in recent trade publications, technical reports, and manufacturer literature, the results of the technology screening analysis performed during the previous standards rulemaking remain largely relevant for this rulemaking. 79 FR 8337, 8341 (Feb. 12, 2014). DOE stated in the February 2014 RFI that it planned to consider the technology options presented in Table IV-4 for conventional ovens. 79 FR 8337, 8342-8343 (Feb. 12, 2014).

Table IV-4—February 2014 RFI Technology Options for Conventional Ovens

1. Bi-radiant oven (electric only).

2. Electronic spark ignition (gas only).

3. Forced convection.

4. Halogen lamp oven (electric only).

5. Improved and added insulation.

6. Improved door seals.

7. No oven-door window.

8. Oven separator.

9. Radiant burner (gas only).

10. Reduced conduction losses.

11. Reduced thermal mass.

12. Reduced vent rate.

13. Reflective surfaces.

14. Steam cooking.

15. Low-standby-loss electronic controls.

In response to the February 2014 RFI, DOE received a number of comments regarding the technology options for conventional ovens.

AHAM commented that forced convection should not be considered a technology option for gas or electric ovens. AHAM stated that only some foods can be cooked with convection and that accelerating the cooking time or baking rate for other foods will not produce acceptable results. Accordingly, AHAM believes this technology option would impact consumer utility. (AHAM, STD No. 9 at p. 5) DOE recognizes that using forced convection for cooking certain foods may be undesirable. DOE is not considering forced convection as a complete replacement to the conventional bake cooking function. Instead DOE considered forced convection as a separate heating mode in addition to the bake function for the engineering analysis. DOE also notes that the test procedure in Appendix I averages the energy consumption measured during bake-only mode with the energy consumption measured during forced convection mode to calculate the total cooking efficiency and IAEC for the oven, representing equal use of forced convection and bake-only cooking cycles. As a result, DOE is retaining forced convection as a technology option for this NOPR.

AHAM and Whirlpool commented that reducing the vent rate should not be considered because it could result in incomplete combustion. In addition, AHAM stated that it would impact the ability of the product to manage moisture release. (AHAM, STD No. 9 at p. 6; Whirlpool, STD No. 13 at p. 4) As noted in the 2009 TSD, DOE believes that vent size of both standard electric and standard gas ovens could be reduced while maintaining a satisfactory combustion environment. Since all Self-Clean ovens are already designed with this technology, no new improvements are required by the industry to incorporate this technology option. DOE noted in the 2009 TSD that an increase of approximately 0.62 absolute percentage points for standard electric ovens and 0.5 absolute percentage points for standard gas ovens was possible with this technology option. As a result, DOE retained reduced vent rate as a technology option for standard ovens for this NOPR.

AHAM commented that improved door seals may not provide a significant improvement in efficiency. (AHAM, STD No. 9 at p. 6) DOE notes that door seals for standard ovens generally consist of a strip of silicone rubber, while Self-Clean ovens usually incorporate fiberglass seals. Because some venting is required for proper cooking performance, a complete seal on the oven is undesirable. As DOE noted in the 2009 TSD, the oven door seals can be improved further without sealing the oven completely. Based on discussions with manufacturers, DOE believes that fiberglass seals can be installed in standard ovens to improve efficiency. As a result, DOE retained improved door seals as a technology option for standard ovens.

Whirlpool commented that it has already optimized insulation in its ovens for safety reasons. (Whirlpool, STD No. 13 at p. 4) DOE noted in the 2009 TSD that standard ovens used low-density insulation (1.09 pounds (lb)/ft

3

) whereas self-clean ovens used higher-density insulation (1.90 lb/ft

3

). Based on interviews with manufacturers for this rulemaking, DOE notes that manufacturers generally use the same amount of insulation for standard ovens versus self-clean ovens, but with different densities. Insulation is added primarily to pass Underwriters Laboratory (UL) surface temperature safety testing requirements, which explains why Self-Clean ovens, which require high temperatures for pyrolysis, tend to have a more effective insulation package. DOE notes that higher-density insulation can be used in standard

ovens to improve efficiency. As a result, DOE retained improved insulation as a technology option for standard ovens.

Whirlpool commented that there may be savings associated with steam cooking realized by the user, but these savings would likely not be measured in the DOE test procedure. (Whirlpool, STD No. 13 at p. 4) While there are several residential steam ovens currently on the market, DOE is unaware of any test procedures that accurately measure the energy use of the steam cooking mode while producing repeatable and reproducible results. As a result, DOE is unaware of any data regarding the efficiency of steam cooking. For these reasons, DOE did not consider steam cooking in the analysis.

Whirlpool commented that there could be savings for gas ovens from electronic spark ignition over a glo-bar igniter, which could use 250-500W throughout the cooking cycle. (Whirlpool, STD No. 13 at p. 4) As discussed in section IV.C.2, based on DOE's testing, DOE agrees that switching from a glo-bar to an electronic spark ignition system would result in energy savings. As a result, DOE is maintaining electronic spark ignition as a technology option for this NOPR.

Based on DOE's review of products on the market, DOE notes that radiant burners for gas ovens are only incorporated into broiling, which is a secondary cooking function not measured under the test procedure; energy use is instead measured during the primary bake function. As a result, the benefits of radiant burners are not measured by the current test procedure. Accordingly, DOE eliminated radiant burners in gas ovens from further analysis.

In the previous standards rulemaking, DOE noted that oven separators had only been researched, but never put into production. 72 FR 64432, 64456 (Nov. 15, 2007). Based on DOE's review of products on the market, DOE notes that one manufacturer offers a conventional electric oven with an oven separator. As a result, DOE plans to consider oven separators as a technology option for electric ovens.

In addition to the technology options presented in Table IV-4, DOE considered an additional technology option for optimizing the burner and cavity design for gas ovens based on product testing and reverse engineering analyses conducted for this NOPR. As described in section IV.A.2 and further in section IV.C.2, DOE's testing indicated that reducing the thermal mass of the oven cavity can increase cooking efficiency. Because oven cavity and burner design are interdependent, DOE is proposing to consider optimized burner and cavity design as a technology option for increasing efficiency for gas ovens consistent with products available on the market rather than the reduced thermal mass technology option considered for the previous rulemaking.

Table IV-5 lists the proposed technology options that DOE is considering for the NOPR.

Table IV-5—Proposed Technology Options for Conventional Ovens

1. Bi-radiant oven (electric only).

2. Electronic spark ignition (gas only).

3. Forced convection.

4. Halogen lamp oven (electric only).

5. Improved and added insulation (standard ovens only).

6. Improved door seals.

7. No oven-door window.

8. Oven separator (electric only).

9. Reduced conduction losses.

10. Reduced vent rate.

11. Reflective surfaces.

12. Low-standby-loss electronic controls.

13. Optimized burner and cavity design.

DOE seeks comment on the use of optimized burner and cavity design (and other options listed in Table IV-5) to meet the proposed efficiency levels discussed in section I.A.1.b. (See section VII.E)

B. Screening Analysis

DOE uses the following four screening criteria to determine which technology options are suitable for further consideration in an energy conservation standards rulemaking:

1.

Technological feasibility.

Technologies that are not incorporated in commercial products or in working prototypes will not be considered further.

2.

Practicability to manufacture, install, and service.

If it is determined that mass production and reliable installation and servicing of a technology in commercial products could not be achieved on the scale necessary to serve the relevant market at the time of the compliance date of the standard, then that technology will not be considered further.

3.

Impacts on product utility or product availability.

If it is determined that a technology would have significant adverse impact on the utility of the product to significant subgroups of consumers or would result in the unavailability of any covered product type with performance characteristics (including reliability), features, sizes, capacities, and volumes that are substantially the same as products generally available in the United States at the time, it will not be considered further.

4.

Adverse impacts on health or safety.

If it is determined that a technology would have significant adverse impacts on health or safety, it will not be considered further. (10 CFR part 430, subpart C, appendix A, 4(a)(4) and 5(b))

In sum, if DOE determines that a technology, or a combination of technologies, fails to meet one or more of the above four criteria, it will be excluded from further consideration in the engineering analysis. The reasons for eliminating any technology are discussed below.

The subsequent sections include comments from interested parties pertinent to the screening criteria, DOE's evaluation of each technology option against the screening analysis criteria, and whether DOE determined that a technology option should be excluded (“screened out”) based on the screening criteria.

1. Screened-Out Technologies

For conventional ovens, DOE screened out added insulation, bi-radiant oven, halogen lamp oven, no oven door window, and reflective surfaces, for the reasons that follow.

Although some analyses have shown reduced energy consumption by increasing the thickness of the insulation in the oven cabinet walls and doors from two inches to four inches, consumer utility would be negatively impacted by the necessary reduction in cavity volume to maintain the same oven footprint and overall cabinet volume. Therefore, DOE screened out added insulation. The improved insulation design option, however, will be retained, because insulation with a higher density (

i.e.,

greater insulating value) does not require additional space and thus would not impact oven cavity size.

The last working prototype of a bi-radiant oven known to DOE was tested in the 1970s. The technology requires a low-emissivity cavity, electronic controls, and highly absorptive cooking utensils. The need for specialized cookware and cavity maintenance issues negatively impact consumer utility. Therefore, DOE screened out bi-radiant ovens from further analysis.

DOE is not aware of any ovens that utilize halogen lamps alone as the heating element, and no data were found or submitted to demonstrate how efficiently halogen elements alone perform relative to conventional ovens. DOE believes that it would not be practicable to manufacture, install, and service halogen lamps for use in

consumer cooking products on the scale necessary to serve the relevant market at the time of the standard's effective date. Therefore, DOE screened out halogen lamp ovens.

Whirlpool commented that oven door windows are a key consumer utility and purchase driver, and there may even be more energy used from increased door openings to check on food (associated with no oven door window) versus looking through the window. (Whirlpool, STD No. 13 at p. 4) DOE notes that the 2009 TSD reported a small annual energy savings associated with no oven door window, but that consumer practices of opening the door to inspect the food while cooking could negate any benefit. Comments during manufacturer interviews and comments from stakeholders in previous rulemakings agreed that removing the window was not a feasible option for most ovens. 63 FR 48038, 48040-48041 (Sep. 8, 1998); 72 FR 64432, 64456 (Nov. 15, 2007). Reduced consumer utility and the potential for increased energy use along with decreased safety due to the additional door openings, justify elimination of this design option from further analysis. In addition, DOE addresses the efficiency impact of double-pane or other highly insulated oven door windows by means of the reduced conduction losses design option, which has been retained for further analysis.

Whirlpool commented that reflective surfaces would be very difficult to implement correctly. Whirlpool stated that there would be reduced consumer savings if the surface gets dirty and reduced consumer functionality from the appearance of stains. (Whirlpool, STD No. 13 at p. 4) In the 2009 TSD, DOE noted that manufacturers have stated that it has been very difficult to obtain satisfactory cooking performance with reflective surfaces and that reflective surfaces degrade after the first baking function and continue to degrade through the life of the product. DOE also noted in the 2009 TSD that is uncertain whether, or how much, energy savings is realizable with this technology option. Because of the uncertainty of the potential energy savings and the general lack of sophistication in the technology in terms of maintaining clean, reflective surfaces over the lifetime of the product, DOE screened out this technology option from further analysis.

2. Remaining Technologies

Based on the screening analysis, DOE considered the design options listed in Table IV-6 for conventional ovens.

Table IV-6—Remaining Conventional Oven Technology Options

1. Electronic spark ignition (gas only).

2. Forced convection.

3. Improved insulation.

4. Improved door seals (standard ovens only).

5. Oven separator (electric only).

6. Reduced conduction losses.

7. Reduced vent rate.

8. Low-standby-loss electronic controls.

9. Optimized burner and cavity design (gas only).

C. Engineering Analysis

The engineering analysis estimates the cost-efficiency relationship of products at different levels of increased energy efficiency. This relationship serves as the basis for the cost-benefit calculations for consumers, manufacturers, and the Nation. In determining the cost-efficiency relationship, DOE estimates the increase in manufacturer cost associated with increasing the efficiency of products from the baseline up to the maximum technologically feasible (“max-tech”) efficiency level for each product class.

1. Methodology

DOE typically structures the engineering analysis using one of three approaches: (1) The design-option approach, which provides the incremental costs of adding design options to a baseline model that will improve its efficiency (

i.e.,

lower its energy use); (2) the efficiency-level approach, which provides the incremental costs of moving to higher energy efficiency levels, without regard to the particular design option(s) used to achieve such increases; and (3) the reverse-engineering (or cost-assessment) approach, which provides “bottom-up” manufacturing cost assessments for achieving various levels of increased efficiency, based on teardown analyses (or physical teardowns) that provide detailed data on costs for parts and material, labor, overhead, and equipment, tooling, conveyor, and space investments for models that operate at particular efficiency levels.

In the February 2014 RFI, DOE stated that in order to create the cost-efficiency relationship, it anticipated having to structure its engineering analysis using a design-option approach, supplemented by reverse engineering (physical teardowns and testing of existing products in the market) to identify the incremental cost and efficiency improvement associated with each design option or design option combination. In addition, DOE stated that it intends to consider cost-efficiency data from the 2009 TSD. 79 FR 8337, 8347 (Feb. 12, 2014). DOE maintained this approach for this NOPR. DOE also conducted interviews with manufacturers of conventional ovens to develop a deeper understanding of the various combinations of design options used to increase product efficiency, and their associated manufacturing costs.

2. Product Testing and Reverse Engineering

To develop the cost-efficiency relationships for the engineering analysis, DOE conducted testing and reverse engineering teardowns on products available on the market. Because there are no performance-based energy conservation standards or energy reporting requirements for conventional cooking products, DOE selected test units based on performance-related features and technologies advertised in product literature. DOE's test sample included 1 gas wall oven, 7 gas ranges, 5 electric wall ovens, and 2 electric ranges for a total of 15 conventional ovens covering all of the product classes considered in this NOPR. The test units are described in detail in chapter 5 of the NOPR TSD.

Each test unit was tested according to the oven test procedure clarifications proposed in the December 2014 TP SNOPR. DOE then conducted physical teardowns on each test unit to develop a manufacturing cost model and to evaluate key design features. DOE supplemented its reverse engineering analyses by conducting manufacturer interviews to obtain feedback on efficiency levels, design options, inputs for the manufacturing cost model, and resulting manufacturing costs. DOE used the results from testing, reverse engineering, and manufacturer interviews to develop the efficiency levels and manufacturing costs discussed in sections IV.C.3 and IV.C.4.

Table IV-7 and Table IV-8 present the testing results for the conventional gas and electric ovens, respectively.

Table IV-7—DOE Conventional Gas Oven Test Results

Test Unit No.

Oven product class

Burner input rate

(

Btu/h

)

Cavity volume

(

ft

3

)

Ignition type

Convection

(Y/N)

IAEC

(

kBtu/yr

)

1

Gas Standard—Freestanding

18,000

4.8

Spark

N

1341.4

2

Gas Standard—Freestanding

18,000

4.8

Glo-bar

N

1503.7

3

Gas Self-Clean—Freestanding

18,000

5.0

Glo-bar

Y

1419.0

4

Gas Standard—Freestanding

16,500

4.4

Glo-bar

N

1516.6

5

Gas Self-Clean—Built-in/Slide-in

13,000

2.8

Glo-bar

N

1171.3

6

Gas Standard—Freestanding

28,000

5.3

Glo-bar

Y

2078.9

7

Gas Standard—Built-in/Slide-in

27,000

4.4

Glo-bar

Y

1938.0

8

Gas Standard—Freestanding

30,000

5.4

Glo-bar

Y

2315.1

Table IV-8—DOE Conventional Electric Oven Test Results

Test Unit No.

Oven product class

Heating element wattage

(

W

)

Cavity volume

(

ft

3

)

Convection

(Y/N)

IAEC

(

kWh/yr

)

1

Electric Self-Clean—Freestanding

3,000

5.9 *

Y

266.2

2

Electric Standard—Freestanding

2,000

2.4

N

213.7

3

Electric Self-Clean—Built-in/Slide-in

3,400

2.7

N

158.7

4

Electric Standard—Built-in/Slide-in

2,600

4.3

N

287.8

5

Electric Self-Clean—Built-in/Slide-in

2,600

4.3

N

308.8

6

Electric Self-Clean—Built-in/Slide-in

2,600

4.3

Y

341.8

7

Electric Self-Clean—Built-in/Slide-in

2,800

4.3

N

370.0

* Test Unit 1 was equipped with an oven separator that allowed for splitting the single cavity into two separate smaller cavities with volumes of 2.7 ft

3

and 3.0 ft

3

.

3. Efficiency Levels

a. Baseline Efficiency Levels

A baseline unit is a product that just meets current Federal energy conservation standards. DOE uses the baseline unit for comparison in several phases of the NOPR analyses, including the engineering analysis, LCC analysis, PBP analysis, and NIA. To determine energy savings that will result from an amended energy conservation standard, DOE compares energy use at each of the higher energy ELs to the energy consumption of the baseline unit. Similarly, to determine the changes in price to the consumer that will result from an amended energy conservation standard, DOE compares the price of a unit at each higher EL to the price of a unit at the baseline.

As part of the February 2014 RFI, DOE initially developed baseline efficiency levels by considering the current standards for conventional gas ovens and the baseline efficiency levels for conventional electric ovens from the previous standards rulemaking analysis. DOE developed tentative baseline efficiency levels for the February 2014 RFI considering the current test procedure in appendix I. The baseline efficiency levels proposed in the February 2014 RFI are presented in Table IV-9. DOE developed baseline efficiency levels for standby mode and off mode based on test data presented in the microwave oven test procedure SNOPR.

25

For fan-only mode, DOE developed baseline efficiency levels considering the additional annual energy consumption in fan-only mode based on test data presented in an SNOPR for the conventional cooking products test procedure. 77 FR 31443, 31449 (May 25, 2012). The efficiency levels presented in the February 2014 RFI are based on an oven with a cavity volume of 3.9 ft

3

.

25

In the May 2012 microwave oven test procedure SNOPR, DOE considered test procedure amendments for measuring the standby mode and off mode energy consumption of combined cooking products and, as a result, presented standby power data for microwave ovens, conventional cooking tops, and conventional ovens. 77 FR 28805, 28811 (May 16, 2012).

Table IV-9—February 2014 RFI Conventional Oven Baseline Efficiency Levels

Product class

2009 Standards rulemaking

Energy factor

(EF)

Annual energy consumption

26

Proposed IAEC

Electric Oven—Standard Oven with or without a Catalytic Line

0.1066

274.9 kWh

370.0 kWh.

Electric Oven—Self-Clean Oven

0.1099

266.6 kWh

360.0 kWh.

Gas Oven—Standard Oven with or without a Catalytic Line

0.0536

1656.7 kBtu

2076.5 kBtu.

Gas Oven—Self-Clean Oven

0.0540

1644.4 kBtu

1965.0 kBtu.

26

DOE notes that the previous conventional cooking products test procedure in appendix I included the clock energy consumption. As a result, DOE subtracted the clock energy consumption before adding the standby and off mode energy consumption when considering integrated efficiency levels for this standards rulemaking.

AHAM commented that, while they agreed fan-only mode should be considered, DOE should gather more data before determining appropriate

baseline levels. AHAM stated that DOE should update the data collected during the test procedure rulemaking and request information from manufacturers on the energy use in fan-only mode. (AHAM, STD No. 9 at p. 6) Whirlpool commented that fan-only mode power varies greatly for ovens and depends on the size of the oven, insulation, dual or single speed fan, single or double oven, etc. Whirlpool stated that it does not currently have fan-only mode data and cannot comment on the appropriateness of DOE's assumptions for fan-only power. (Whirlpool, STD No. 13 at p. 6)

DOE developed baseline efficiency levels for this NOPR considering both data from the previous standards rulemaking and the measured energy use for the test units. As discussed in section IV.C.2, DOE conducted testing for all units in its test sample to measure IAEC, which includes energy use in active mode (including fan-only mode) and standby mode. DOE also requested energy use data as part of the manufacturer interviews. However, because manufacturers are not currently required to conduct testing according to the DOE test procedure, very little energy use information was available.

The baseline efficiency levels for this NOPR differ from those presented in the February 2014 RFI. DOE compared the minimum cooking efficiency measured in its test sample to the minimum cooking efficiency levels assumed for the previous standards rulemaking analysis. Often, the lowest measured efficiency in DOE's test sample for this NOPR was lower than the values for the previous rulemaking.

To update the baseline efficiency levels for conventional ovens, first DOE derived a new relationship between IAEC and cavity volume as discussed in section I.A.1.c. Using the slope from the previous rulemaking, DOE selected new intercepts corresponding to the ovens in its test sample with the lowest efficiency, so that no ovens in the test sample were cut off by the baseline curve. DOE then set baseline standby energy consumption for conventional ovens equal to that of the oven/range with the highest standby energy consumption in DOE's test sample to maintain the full functionality of controls for consumer utility. While only DOE test data was available to validate the baseline equation for gas ovens, DOE compared the new baseline equation for electric ovens with data available in the Natural Resources Canada (NRCan) databases, which showed that DOE's assumptions for slopes and intercepts reasonably represented the market. A detailed discussion of DOE's derivation of the cavity volume relationship is provided Chapter 5 of the NOPR TSD.

In addition to the product classes proposed in the February 2014 RFI, DOE is also proposing separate product classes for freestanding and built-in/slide-in ovens as discussed in section IV.A.2. As a result, DOE developed separate baseline efficiency levels for each proposed product class based on testing conducted for this NOPR. The proposed baseline efficiency levels for this NOPR are presented in Table IV-10. After receiving manufacturer feedback and reviewing products currently on the market, DOE determined that a cavity volume of 3.9 ft

3

no longer represents the market average. Thus, efficiency levels are based on an oven with a cavity volume of 4.3 ft

3

. Additional details on the development of the proposed baseline efficiency levels are included in chapter 5 of the NOPR TSD.

Table IV-10—Conventional Oven Baseline Efficiency Levels

Product class

Sub type

Proposed IAEC *

Electric Oven—Standard Oven with or without a Catalytic Line

Freestanding

Built-in/Slide-in

294.5 kWh.

301.5 kWh.

Electric Oven—Self-Clean Oven

Freestanding

Built-in/Slide-in

355.0 kWh.

361.1 kWh.

Gas Oven—Standard Oven with or without a Catalytic Line

Freestanding

Built-in/Slide-in

2118.2 kBtu.

2128.1 kBtu.

Gas Oven—Self-Clean Oven

Freestanding

Built-in/Slide-in

1883.8 kBtu.

1893.7 kBtu.

* Proposed IAEC baseline efficiency levels are normalized based on a 4.3 ft

3

volume oven.

b. Incremental Efficiency Levels

For each product class, DOE analyzes several efficiency levels and determines the incremental cost at each of these levels. For the February 2014 RFI, DOE tentatively proposed the incremental efficiency levels presented in Table IV-11 through Table IV-14. DOE developed these levels based primarily on the efficiency levels presented in the 2009 TSD, adjusted to account for the proposed and amended test procedures. DOE also considered efficiency levels for standby mode and off mode associated with changing conventional linear power supplies to switch-mode power supplies and the Commission of the European Communities Regulation 1275/2008 (hereinafter “Ecodesign regulation”), which requires products to have a maximum standby power of 1 W. 79 FR 8337, 8345-8346 (Feb. 12, 2014).The efficiency levels presented in the February 2014 RFI are based on an oven with a cavity volume of 3.9 ft

3

.

Table IV-11—February 2014 RFI Gas Standard Oven Efficiency Levels

Level

Efficiency level source

Proposed IAEC

(kBtu)

Baseline

2009 TSD (Electric Glo-bar Ignition)

2076.5

1

2009 TSD (Electric Glo-bar Ignition) + SMPS

1932.0

2

2009 TSD (Improved Insulation) + SMPS

1844.2

3

2009 TSD (2 + Electronic Spark Ignition) + SMPS

1717.7

4

2009 TSD (3 + Improved Door Seals) + SMPS

1702.6

5

2009 TSD (4 + Reduced Vent Rate) + SMPS

1695.4

6

2009 TSD (5 + Reduced Conduction Losses) + SMPS

1685.9

7

2009 TSD (6 + Forced Convection) + SMPS

1636.0

8

2009 TSD (7) + 1W Standby

1499.1

Table IV-12—February 2014 RFI Gas Self-Clean Oven Efficiency Levels

Level

Efficiency level source

Proposed IAEC

(kBtu)

Baseline

2009 TSD (Baseline)

1965.0

1

2009 TSD (Baseline) + SMPS

1820.5

2

2009 TSD (Forced Convection) + SMPS

1596.9

3

2009 TSD (2) + Electronic Spark Ignition + SMPS

1482.3

4

2009 TSD (3 + Improved Door Seals) + SMPS

1472.0

5

2009 TSD (4 + Reduced Conduction Losses) + SMPS

1467.8

6

2009 TSD (5) + 1 W Standby

1330.9

Table IV-13—February 2014 RFI Electric Standard Oven Efficiency Levels

Level

Efficiency level source

Proposed IAEC

(kWh)

Baseline

2009 TSD (Baseline)

370.0

1

2009 TSD (Baseline) + SMPS

327.7

2

2009 TSD (Reduced Vent Rate) + SMPS

316.1

3

2009 TSD (2 + Improved Insulation) + SMPS

304.8

4

2009 TSD (3 + Improved Door Seals) + SMPS

300.9

5

2009 TSD (4 + Reduced Conduction Losses) + SMPS

300.3

6

2009 TSD (5 + Forced Convection) + SMPS

295.2

7

2009 TSD (6) + 1 W Standby

255.0

Table IV-14—February 2014 RFI Electric Self-Clean Oven Efficiency Levels

Level

Efficiency level source

Proposed IAEC

(kWh)

Baseline

2009 TSD (Baseline)

360.0

1

2009 TSD (Baseline) + SMPS

317.7

2

2009 TSD (Reduced Conduction Losses) + SMPS

317.0

3

2009 TSD (2 + Forced Convection) + SMPS

312.0

4

2009 TSD (3) + 1 W Standby

271.9

In response to the February 2014 RFI, AHAM disagreed with DOE's consideration of the 1-W Ecodesign regulation standby requirements because products sold in the European Union are different from the products sold in the United States. (AHAM, STD No. 9 at p. 6) DOE reevaluated the efficiency levels associated with standby power improvements based on design options identified during product testing and reverse engineering rather than considering an efficiency level specifically associated with the1-W Ecodesign regulation standby requirement.

Laclede commented that DOE's assumption of 3.5 amp × 110 volt continuous consumption of a typical glo-bar ignition module would mean its consuming 385 W (0.385 kW) per hour. Laclede stated that they believe this may be the worst-case scenario and may make it appear that further efficiency improvements are possible. However, Lacelede stated that further efficiency improvements in glo-bar may lead to higher costs for gas cooking products without sufficient economic benefits. Laclede's testing data indicates glo-bar ignition system consumption of only 0.16 kWh. (Laclede, STD No. 8 at p. 2) Laclede also commented that it appears that DOE considers the electric load from glo-bar ignition systems as of no value to the thermal process of cooking in the oven. Laclede contends this electric resistance load in gas ovens most likely does contribute to the cooking process and DOE will need to provide transparent and robust analyses to explain this relationship. (Laclede, STD No. 8 at pp. 2-3)

Based on DOE's testing of units in its test sample, electric glo-bar ignition systems consumed between 330 W and 450 W and ranged between 0.141 kWh and 0.261 kWh per cycle, with an average of 0.202 kWh per cycle. DOE notes that the glo-bar energy consumption may vary depending on burner and cavity design (

e.g.,

burner input rating, cavity volume). DOE also notes that the glo-bar ignition system was not power on throughout the entire cooking cycle and only consumed power when gas flow to the burner was on, turning off when the burner cycled off. As discussed above, DOE updated its efficiency level analysis based on testing conducted for this NOPR. Any contribution of the glo-bar ignition system to heating the load would be accounted for in testing according to the DOE test procedure in Appendix I.

For the NOPR, DOE developed incremental efficiency levels for each product class by first considering information from the 2009 TSD. In cases where DOE identified design options during testing and reverse engineering teardowns, DOE updated the efficiency

levels based on the tested data. In addition to the efficiency levels associated with design options identified in the February 2014 RFI, DOE also included an efficiency level for electric ovens based on a test unit equipped with an oven separator that allowed for reducing the cavity volume that is used for cooking. For conventional gas ovens, DOE's testing showed that energy use was correlated to oven burner and cavity design (

e.g.,

thermal mass of the cavity and racks) and can be significantly reduced when optimized. DOE determined the efficiency level associated with optimized burner and cavity design based on the tested units normalized for cavity volume.

Table IV-15 through Table IV-18 show the incremental efficiency levels for each product class, including whether the efficiency level is from the 2009 TSD or based on testing for the NOPR. The efficiency levels are normalized based on an oven with a cavity volume of 4.3 ft

3

. Details of the derivations of each efficiency level are provided in chapter 5 of the NOPR TSD.

Table IV-15—Electric Standard Oven Efficiency Levels

Level

Efficiency level source

Design option

Proposed IAEC

(kWh)

Freestanding

Built-in/Slide-in

Relative %

decrease in IAEC

Baseline

NOPR Testing

Baseline

294.5

301.5

1

NOPR Testing

Baseline + SMPS

284.6

291.4

−3.37%

2

2009 TSD

1 + Reduced Vent Rate

271.7

278.2

−4.51%

3

2009 TSD

2 + Improved Insulation

259.2

265.4

−4.61%

4

2009 TSD

3 + Improved Door Seals

254.9

261.0

−1.64%

5

NOPR Testing

4 + Forced Convection

244.6

250.5

−4.04%

6

NOPR Testing

5 + Oven Separator

207.8

212.8

−15.04%

7

2009 TSD

6 + Reduced Conduction Losses

207.3

212.2

−0.27%

Table IV-16—Electric Self-Clean Oven Efficiency Levels

Level

Efficiency level source

Design option

Proposed IAEC

(kWh)

Freestanding

Built-in/Slide-in

Relative %

decrease in IAEC

Baseline

NOPR Testing

Baseline

355.0

361.1

1

NOPR Testing

Baseline + SMPS

345.1

351.0

−2.78%

2

NOPR Testing

1 + Forced Convection

327.2

332.7

−5.21%

3

NOPR Testing

2 + Oven Separator

278.9

283.7

−14.74%

4

2009 TSD

3 + Reduced Conduction Losses

278.1

282.9

−0.29%

Table IV-17—Gas Standard Oven Efficiency Levels

Level

Efficiency level source

Design option

Proposed IAEC

(kWh)

Freestanding

Built-in/Slide-in

Relative %

decrease in IAEC

Baseline

2009 TSD

Baseline

2118.2

2128.1

1

NOPR Testing

Baseline + Optimized Burner/Cavity

1649.3

1657.0

−22.14%

2

NOPR Testing

1 + SMPS

1614.7

1622.2

−2.10%

3

NOPR Testing

2 + Electronic Spark Ignition

1490.7

1497.7

−7.68%

4

2009 TSD

3 + Improved Insulation

1414.8

1421.5

−5.09%

5

2009 TSD

4 + Improved Door Seals

1400.6

1407.2

−1.01%

6

NOPR Testing

5 + Forced Convection

1355.6

1362.0

−3.21%

7

2009 TSD

6 + Reduced Conduction Losses

1347.0

1353.3

−0.64%

Table IV-18—Gas Self-Clean Oven Efficiency Levels

Level

Efficiency level source

Design option

Proposed IAEC

(kWh)

Freestanding

Built-in/Slide-in

Relative %

decrease in IAEC

Baseline

2009 TSD

Baseline

1883.8

1893.7

1

NOPR Testing

Baseline + SMPS

1848.2

1858.0

−1.89%

2

NOPR Testing

1 + Electronic Spark Ignition

1668.7

1677.5

−9.71%

3

NOPR Testing

2 + Forced Convection

1596.3

1604.7

−4.34%

4

2009 TSD

3 + Reduced Conduction Losses

1591.0

1599.4

−0.33%

c. Relationship Between IAEC and Oven Cavity Volume

The conventional oven efficiency levels detailed above are predicated upon baseline ovens with a cavity volume of 4.3 ft

3

. Based on DOE's testing of conventional gas and electric ovens and discussions with manufacturers, IAEC scales with oven cavity volume due to the fact that larger ovens have higher thermal masses and larger volumes of air (including larger vent rates) than smaller ovens. Because the DOE test procedure for measuring IAEC uses a fixed test load size, larger ovens with higher thermal mass will have a higher measured IAEC. As a result, DOE considered available data to characterize the relationship between IAEC and oven cavity volume.

DOE established the slopes by first evaluating the data from the 2009 TSD, which presented the relationship between measured energy factor (EF) and cavity volume, then translated from EF to IAEC considering the range of cavity volume for the majority of products available on the market. DOE believes these slopes continue to be relevant based on DOE's testing. For electric ovens, DOE considered the data for standard and self-clean ovens available in the Natural Resources Canada product databases.

27

DOE notes that this data is based on the same test procedure considered for the previous DOE standards rulemaking, and as a result, DOE believes the slopes based on these larger datasets are relevant for this analysis. The intercepts for each efficiency level were then chosen so that the equations pass through the desired IAEC corresponding to a particular volume. Values for the slopes and intercepts for each conventional oven product class are presented in Table IV-19 and Table IV-20. Additional details regarding the derivation of the slopes and intercepts for the oven IAEC versus cavity volume relationship are presented in chapter 5 of the NOPR TSD.

27

Available at:

http://oee.nrcan.gc.ca/pml-lmp/index.cfm?action=app.search-recherche&appliance=OVENS_E.

Table IV-19—Slopes and Intercepts of Electric Oven IAEC Versus Cavity Volume Relationship

Level

Standard electric ovens

Slope = 31.8

Freestanding

intercepts

Built-in/Slide-in

intercepts

Self-clean electric ovens

Slope = 42.3

Freestanding

intercepts

Built-in/slide-in

intercepts

Baseline

157.74

164.78

173.12

179.18

1

147.82

154.62

163.24

169.13

2

134.98

141.47

145.28

150.86

3

122.45

128.64

97.05

101.81

4

118.20

124.29

96.24

100.98

5

107.91

113.75

6

71.10

76.07

7

70.54

75.49

Table IV-20—Slopes and Intercepts of Gas Oven IAEC versus Cavity Volume Relationship

Level

Standard gas ovens

Slope = 214.4

Freestanding

intercepts

Built-in/slide-in

intercepts

Self-clean gas ovens

Slope = 214.4

Freestanding

intercepts

Built-in/slide-in

intercepts

Baseline

1196.3

1206.2

961.8

971.8

1

727.4

735.1

926.3

936.0

2

692.7

700.3

746.7

755.5

3

568.8

575.8

674.4

682.8

4

492.9

499.5

669.1

677.5

5

478.7

485.2

6

433.7

440.1

7

425.1

431.4

4. Incremental Manufacturing Production Cost Estimates

Based on the analyses discussed above, DOE developed the cost-efficiency results for each product class shown in Table IV-21. Where available, DOE developed incremental manufacturing production costs (MPCs) based on manufacturing cost modeling of test units in its sample featuring the proposed design options. For design options that were not observed in DOE's sample of test units for this NOPR, DOE used the incremental manufacturing costs developed as part of the 2009 TSD, then adjusted the values to reflect changes in the Bureau of Labor Statistics' Producer Price Index (PPI) for household cooking appliance manufacturing.

28

DOE notes that the estimated incremental MPCs would be equivalent for the freestanding and built-in/slide-in oven product classes.

28

Available at:

http://www.bls.gov/ppi/.

Table IV-21—Conventional Oven Incremental Manufacturing Product Cost

[2014$]

Level

Electric ovens

Standard

Self-clean

Gas ovens

Standard

Self-clean

Baseline

1

$0.82

$0.82

$0.00

$0.82

2

2.76

25.00

0.82

7.31

3

7.89

56.74

7.31

27.96

4

10.22

61.93

12.44

33.15

5

34.40

14.77

6

66.14

35.43

7

70.36

39.74

5. Consumer Utility

In determining whether a standard is economically justified, EPCA requires DOE to consider “any lessening of the utility or the performance of the covered products likely to result from the imposition of the standard.” (42 U.S.C. 6295(o)(2)(B)(i)(IV))

In a response to the December 2014 TP SNOPR, Sub Zero commented that heavier gauge materials provide customers with extended product life, quality, functionality, and durability. Sub Zero also commented that that full extension oven racks provided in these products provide consumer utility. (Sub Zero, TP No. 20 at p. 3)

In response to the February 2014 RFI, AHAM and Whirlpool commented that new energy conservation standards could likely impact the utility of conventional ovens in the following ways:

• A standard could lower burner input rates, which will impact cooking times. Higher burner input rates allow for quicker cooking time, which is an important consumer utility;

• A standard could result in smaller oven windows. Consumers desire larger windows in order to view the food during cooking without opening the oven door. Smaller windows could result in more door openings, and thus increase energy use;

• A standard could also result in the removal of accent lighting and large displays which are preferred consumer features. There is reduced consumer utility from further reducing standby power from what products use today. According to Whirlpool, the market is still pushing manufacturers to add more advanced electronics that use more standby power. (AHAM, STD No. 9 at p. 7; Whirlpool, STD No. 13 at pp. 5, 8).

Accordingly, AHAM and Whirlpool opposed amendment of the existing standards for cooking products. AHAM and Whirlpool stated that not only would amended standards fail to be technologically feasible or economically justified, but they would also impact the utility of cooking products. (AHAM, STD No. 9 at p. 7; Whirlpool, STD No. 13 at p. 8).

DOE conducted the engineering analysis by considering design options that are consistent with products currently on the market, and as a result, DOE did not consider changes that would result in smaller oven windows or removal of accent lighting and display features. In addition, as discussed in section IV.A.2, DOE noted that gas ovens with higher burner input rates did not have significantly faster cooking times when tested according to the DOE test procedure in Appendix I. This is likely due in large part to the fact that gas-cooking products with higher burner input rates marketed as commercial-style often have significantly larger thermal masses, which absorb a significant amount of additional heat. DOE is also not aware of data justifying how added thermal mass improves durability, extends product life, or provides additional consumer utility as compared to standard residential-style ovens. As a result, DOE does not believe that any of the design options and efficiency levels considered in this NOPR would impact the consumer utility of conventional ovens, as suggested by AHAM and Whirlpool. However DOE welcomes continued feedback on this topic, including how the efficiency levels and technology options presented in Table IV-15 through Table IV-18 may affect consumer utility (see section VII.E).

D. Markups Analysis

The markups analysis develops appropriate markups in the distribution chain to convert the MPC estimates derived in the engineering analysis to consumer prices. At each step in the distribution channel, companies mark up the price of the product to cover business costs and profit margin. For conventional cooking products, the main parties in the distribution chain are manufacturers and retailers.

Thus, DOE analyzed a manufacturer-to-consumer distribution channel consisting of three parties: (1) The manufacturers of the products; (2) the retailers purchasing the products from manufacturers and selling them to consumers; and (3) the consumers who purchase the products.

The manufacturer markup converts MPC to manufacturer selling price (MSP). DOE developed an average manufacturer markup by examining the annual Securities and Exchange Commission (SEC) 10-K reports filed by publicly traded manufacturers primarily engaged in appliance manufacturing and whose combined product range includes conventional cooking products.

For retailers, DOE developed separate markups for baseline products (baseline markups) and for the incremental cost of more efficient products (incremental markups). Incremental markups are coefficients that relate the change in the MSP of higher-efficiency models to the change in the retailer sales price. DOE relied on economic data from the U.S. Census Bureau to estimate average baseline and incremental markups.

29

29

U.S. Census,

2007 Annual Retail Trade Survey

(

ARTS

), Electronics and Appliance Stores sectors.

In addition to developing manufacturer and retailer markups, DOE included sales taxes in the final appliance retail prices. DOE used an Internet source, the Sales Tax Clearinghouse, to calculate applicable sales taxes.

Chapter 6 of the NOPR TSD provides details on DOE's development of markups for conventional ovens.

E. Energy Use Analysis

The energy use analysis provides estimates of the annual energy consumption of ovens at the considered efficiency levels. DOE uses these values in the LCC and PBP analyses and in the NIA to establish the savings in

consumer operating costs at various product efficiency levels. DOE developed energy consumption estimates for all product classes analyzed in the engineering analysis.

For the April 2009 Final Rule, DOE utilized a 2004

California Residential Appliance Saturation Study

(RASS)

30

and a Florida Solar Energy Center (FSEC) study

31

to establish representative annual energy use values for cooking products. For this NOPR, DOE used an update to the California RASS

32

and a recent FSEC study

33

to establish representative annual energy use values for conventional ovens. These studies confirmed that annual cooking energy use has been consistently declining since the late 1970s.

30

California Energy Commission,

California Statewide Residential Appliance Saturation Study

(June 2004).

31

D.S. Parker. “Research Highlights from a Large Scale Residential Monitoring Study in a Hot Climate,” Proceeding of International Symposium on Highly Efficient Use of Energy and Reduction of its Environmental Impact (January 2002).

32

California Energy Commission, Residential Appliance Saturation Survey (RASS) (2009).

33

Parker, D., Fairey, P., Hendron, R., “Updated Miscellaneous Electricity Loads and Appliance Energy Usage Profiles for Use in Home Energy Ratings, the Building America Benchmark Procedures and Related Calculations,” Florida Solar Energy Center (FSEC) (2010).

DOE's energy use analysis estimated the range of energy use of cooking products in the field,

i.e.,

as they are actually used by consumers. Because energy use by residential cooking products varies greatly based on consumer usage patterns, DOE established a range of energy use. The Energy Information Administration (EIA)'s 2009

Residential Energy Consumption Survey

(RECS 2009) is one source for estimating the range of energy use for cooking products.

34

DOE used data from RECS 2009 for this NOPR to establish this range.

35

Although RECS 2009 does not provide the annual energy consumption of the cooking product, it does provide the frequency of cooking use. DOE was unable to use the frequency of use to calculate the annual energy consumption using a bottom-up approach, as data in RECS did not include information about the duration of a cooking event to allow for an annual energy use calculation. DOE therefore relied on California RASS and FSEC studies to establish the annual energy consumption of a cooking product.

34

U.S. Department of Energy: Energy Information Administration,

Residential Energy Consumption Survey: 2009 RECS Survey Data

(2013) (Available at:

http://www.eia.gov/consumption/residential/data/2009/

).

35

RECS 2009

is based on a sample of 12,083 households statistically selected to represent 113.6 million housing units in the United States.

RECS 2009

data are available for 27 geographical areas (including 16 large States) (Available at:

www.eia.gov/consumption/residential/

).

From RECS 2009, DOE developed household samples for each product class. For each household using a conventional cooking product, RECS provides data on the frequency of use and number of meals cooked in the following bins: (1) Less than once per week, (2) once per week, (3) a few times per week, (4) once per day, (5) two times per day, and (6) three or more times per day. Thus, DOE utilized the frequency of use to define the variability of the annual energy consumption. Conducting the analysis in this manner captures the observed variability in annual energy consumption while maintaining the average annual energy consumption. To determine the variability of cooking product energy consumption, DOE first equated the weighted-average cooking frequency from RECS with the average energy use values based on CA RASS and FSEC studies. DOE then varied the annual energy consumption for each RECS household based on its reported cooking frequency. Thus, DOE utilized the range in frequency of use to define the variability of the annual energy consumption.

Chapter 7 of the NOPR TSD describes the energy use analysis in detail.

AHAM expressed objections to DOE's reliance on RECS 2009 for analyses, stating that it is difficult, if not impossible, to compare the results to the energy use measured in a controlled test procedure situation. (AHAM, STD No. 9 at p. 7) DOE utilized RECS 2009 only to characterize variability of usage across various consumers. For representative energy use DOE relied on other studies and surveys to establish baseline energy consumption.

Whirlpool noted that cooking product energy use is unique from other major appliances in that there is a wide variation amongst consumers, with consumer behavior as a key determinant. (Whirlpool, STD No. 13 at p. 8) DOE acknowledges that consumer behavior is a key determinant of the eventual energy use by the product. To characterize the variability in usage across consumers, DOE utilized data from RECS 2009, as described above.

F. Life-Cycle Cost and Payback Period Analysis

The purpose of the LCC and PBP analysis is to evaluate the economic impacts of potential energy conservation standards for cooking products on individual consumers. The LCC is the total consumer expense over the life of the product, including purchase and installation expense and operating costs (energy expenditures, repair costs, and maintenance costs). The PBP is the number of years it would take for the consumer to recover the increased costs of purchasing a higher efficiency product through energy savings. To calculate LCC, DOE discounted future operating costs to the time of purchase and summed them over the lifetime of the product.

For any given efficiency level, DOE measures the change in LCC relative to an estimate of the base-case product efficiency distribution. The base-case estimate reflects the market in the absence of new or amended energy conservation standards, including the market for products that exceed the current energy conservation standards. In contrast, the PBP is measured relative to the baseline product.

DOE calculated the LCC and payback periods for conventional ovens for a nationally representative set of housing units selected from RECS 2009. By using a representative sample of households, the analysis captured the variability in energy consumption and energy prices associated with cooking product use.

For each sample household, DOE determined the energy consumption for the cooking product and the appropriate energy price. DOE first calculated the LCC associated with a baseline cooking product for each household. To calculate the LCC savings and PBP associated with products meeting higher efficiency standards, DOE substituted the baseline unit with more efficient designs.

As part of the LCC and PBP analyses, DOE developed data that it used to establish product prices, installation costs, annual household energy consumption, energy prices, maintenance and repair costs, product lifetime, and discount rates. Inputs to the LCC and PBP analysis are categorized as: (1) Inputs for establishing the total installed cost and (2) inputs for calculating the operating costs. DOE models the uncertainty and the variability in the inputs to the LCC and PBP analysis using Monte Carlo simulations and probability distributions.

36

36

The Monte Carlo process statistically captures input variability and distribution wi

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