Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver From the Furnace Test Procedure to Evcon Industries, Inc.

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. F-072]

Energy Conservation Program for Consumer Products: Decision and

Order Granting a Waiver From the Furnace Test Procedure to Evcon

Industries, Inc.

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of

Energy.

ACTION: Decision and Order.

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SUMMARY: Notice is given of the Decision and Order (Case No. F-072)

granting a Waiver to Evcon Industries, Inc. (Evcon) from the existing

Department of Energy (DOE) test procedure for furnaces. The Department

is granting Evcon's Petition for Waiver regarding blower time delay in

calculation of Annual Fuel Utilization Efficiency (AFUE) for its AGU,

BGU, and BGD series gas furnaces.

FOR FURTHER INFORMATION CONTACT:

Cyrus H. Nasseri, U.S. Department of Energy, Office of Energy

Efficiency and Renewable Energy, Mail Station EE-431, Forrestal

Building, 1000 Independence Avenue, SW., Washington, DC 20585, (202)

586-9138.

Eugene Margolis, Esq., U.S. Department of Energy, Office of General

Counsel, Mail Station GC-72, Forrestal Building, 1000 Independence

Avenue, SW., Washington, DC 20585, (202) 586-9507.

SUPPLEMENTARY INFORMATION: In accordance with 10 CFR 430.27(g), notice

is hereby given of the issuance of the Decision and Order as set out

below. In the Decision and Order, Evcon has been granted a Waiver for

its AGU, BGU, and BGD series gas furnaces, permitting the company to

use an alternate test method in determining AFUE.

Issued in Washington, DC, on September 7, 1994.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

In the Matter of: Evcon Industries, Inc. (Case No. F-072)

Background

The Energy Conservation Program for Consumer Products (other

than automobiles) was established pursuant to the Energy Policy and

Conservation Act (EPCA), Public Law 94-163, 89 Stat. 917, as amended

by the National Energy Conservation Policy Act (NECPA), Public Law

95-619, 92 Stat. 3266, the National Appliance Energy Conservation

Act of 1987 (NAECA), Public Law 100-12, the National Appliance

Energy Conservation Amendments of 1988 (NAECA 1988), Public Law 100-

357, and the Energy Policy Act of 1992 (EPAct), Public Law 102-486,

106 Stat. 2776, which requires DOE to prescribe standardized test

procedures to measure the energy consumption of certain consumer

products, including furnaces. The intent of the test procedures is

to provide a comparable measure of energy consumption that will

assist consumers in making purchasing decisions. These test

procedures appear at 10 CFR Part 430, Subpart B.

The Department amended the prescribed test procedures by adding

10 CFR 430.27 to create a waiver process. 45 FR 64108, September 26,

1980. Thereafter, DOE further amended its appliance test procedure

waiver process to allow the Assistant Secretary for Energy

Efficiency and Renewable Energy (Assistant Secretary) to grant an

Interim Waiver from test procedure requirements to manufacturers

that have petitioned DOE for a waiver of such prescribed test

procedures. 51 FR 42823, November 26, 1986.

The waiver process allows the Assistant Secretary to waive

temporarily test procedures for a particular basic model when a

petitioner shows that the basic model contains one or more design

characteristics which prevent testing according to the prescribed

test procedures or when the prescribed test procedures may evaluate

the basic model in a manner so unrepresentative of its true energy

consumption as to provide materially inaccurate comparative data.

Waivers generally remain in effect until final test procedure

amendments become effective, resolving the problem that is the

subject of the waiver.

The Interim Waiver provisions added by the 1986 amendment allow

the Assistant Secretary to grant an Interim Waiver when it is

determined that the applicant will experience economic hardship if

the Application for Interim Waiver is denied, if it appears likely

that the Petition for Waiver will be granted, and/or the Assistant

Secretary determines that it would be desirable for public policy

reasons to grant immediate relief pending a determination on the

Petition for Waiver. An Interim Waiver remains in effect for a

period of 180 days or until DOE issues its determination on the

Petition for Waiver, whichever is sooner, and may be extended for an

additional 180 days, if necessary.

Evcon filed a ``Petition for Waiver,'' dated May 11, 1994, in

accordance with section 430.27 of 10 CFR Part 430. The Department

published in the Federal Register on July 14, 1994, Evcon's petition

and solicited comments, data and information respecting the

petition. 59 FR 35916. Evcon also filed an ``Application for Interim

Waiver'' under section 430.27(g) which DOE granted on July 9, 1994.

59 FR 35916, July 14, 1994.

No comments were received concerning either the ``Petition for

Waiver'' or the ``Interim Waiver.'' The Department consulted with

The Federal Trade Commission (FTC) concerning the Evcon Petition.

The FTC did not have any objections to the issuance of the waiver to

Evcon.

Assertions and Determinations

Evcon's Petition seeks a waiver from the DOE test provisions

that require a 1.5-minute time delay between the ignition of the

burner and the starting of the circulating air blower. Evcon

requests the allowance to test using a 30-second blower time delay

when testing its AGU, BGU, and BGD series gas furnaces. Evcon states

that since the 30-second delay is indicative of how these models

actually operate and since such a delay results in a 1.0 to 2.0

percent improvement in overall energy efficiency, the petition

should be granted.

Under specific circumstances, the DOE test procedure contains

exceptions which allow testing with blower delay times of less than

the prescribed 1.5 minute delay. Evcon indicates that it is unable

to take advantage of any of these exceptions for its AGU, BGU, and

BGD series gas furnaces.

Since the blower controls incorporated on the Evcon furnaces are

designed to impose a 30-second blower delay in every instance of

start up, and since the current provisions do not specifically

address this type of control, DOE agrees that a waiver should be

granted to allow the 30-second blower time delay when testing the

Evcon AGU, BGU, and BGD series gas furnaces. Accordingly, with

regard to testing the AGU, BGU, and BGD series gas furnaces, today's

Decision and Order exempts Evcon from the existing provisions

regarding blower controls and allows testing with the 30-second

delay.

It is, therefore, ordered that:

(1) The ``Petition for Waiver'' filed by Evcon Industries, Inc.

(Case No. F-072) is hereby granted as set forth in paragraph (2)

below, subject to the provisions of paragraphs (3), (4), and (5).

(2) Notwithstanding any contrary provisions of Appendix N of 10

CFR Part 430, Subpart B, Evcon Industries, Inc., shall be permitted

to test its AGU, BGU, and BGD series gas furnaces on the basis of

the test procedure specified in 10 CFR Part 430, with modifications

set forth below:

(i) Section 3.0 of Appendix N is deleted and replaced with the

following paragraph:

3.0 Test Procedure. Testing and measurements shall be as

specified in section 9 in ANSI/ASHRAE Standard 103-82 with the

exception of sections 9.2.2, 9.3.1, and 9.3.2, and the inclusion of

the following additional procedures:

(ii) Add a new paragraph 3.10 to Appendix N as follows:

3.10 Gas- and Oil-Fueled Central Furnaces. The following

paragraph is in lieu of the requirement specified in section 9.3.1

of ANSI/ASHRAE Standard 103-82. After equilibrium conditions are

achieved following the cool-down test and the required measurements

performed, turn on the furnace and measure the flue gas temperature,

using the thermocouple grid described above, at 0.5 and 2.5 minutes

after the main burner(s) comes on. After the burner start-up, delay

the blower start-up by 1.5 minutes (t-), unless: (1) the furnace

employs a single motor to drive the power burner and the indoor air

circulating blower, in which case the burner and blower shall be

started together; or (2) the furnace is designed to operate using an

unvarying delay time that is other than 1.5 minutes, in which case

the fan control shall be permitted to start the blower; or (3) the

delay time results in the activation of a temperature safety device

which shuts off the burner, in which case the fan control shall be

permitted to start the blower. In the latter case, if the fan

control is adjustable, set it to start the blower at the highest

temperature. If the fan control is permitted to start the blower,

measure time delay, (t-), using a stopwatch. Record the measured

temperatures. During the heat-up test for oil-fueled furnaces,

maintain the draft in the flue pipe within 0.01 inch of

water column of the manufacturer's recommended on-period draft.

(iii) With the exception of the modifications set forth above,

Evcon Industries, Inc. shall comply in all respects with the test

procedures specified in Appendix N of 10 CFR Part 430, Subpart B.

(3) The Waiver shall remain in effect from the date of issuance

of this Order until DOE prescribes final test procedures appropriate

to the AGU, BGU, and BGD series gas furnaces manufactured by Evcon

Industries, Inc.

(4) This Waiver is based upon the presumed validity of

statements, allegations, and documentary materials submitted by the

petitioner. This Waiver may be revoked or modified at any time upon

a determination that the factual basis underlying the petition is

incorrect.

(5) Effective September 7, 1994, this Waiver supersedes the

Interim Waiver granted the Evcon Industries, Inc. on July 9, 1994.

59 FR 35916, July 14, 1994 (Case No. F-072).

Issued In Washington, DC, on September 7, 1994.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

[FR Doc. 94-22605 Filed 9-12-94; 8:45 am]

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