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

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. F-076]

Energy Conservation Program for Consumer Products: Denial of

Glowcore Corporation's Application for Interim Waiver and Publishing

the Company's Petition for Waiver From the DOE Furnace Test Procedure.

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

Energy.

ACTION: Notice.

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SUMMARY: Today's notice publishes a letter denying an Interim Waiver to

GlowCore Corporation (GlowCore) from the existing Department of Energy

(DOE) test procedure regarding the measurement of hot water boiler

energy consumption for the company's GB series of condensing boilers.

Today's notice also publishes a ``Petition for Waiver'' from

GlowCore. GlowCore's Petition for Waiver requests DOE to grant relief

from the DOE furnace test procedure relating to the measurement of hot

water boiler energy consumption. GlowCore states that because of a

special design feature on the heat exchanger, burner, and combustion

blower, its GB series of condensing hot water boilers can withstand the

corrosive effects of condensate, and can be operated at a hot water

return temperature of 80 deg.F, instead of the 120 deg.F specified in

the DOE Furnaces/Boilers Test procedure, resulting in an efficiency

improvement of 5 percent.

DOE is soliciting comments, data, and information respecting the

Petition for Waiver.

DATES: DOE will accept comments, data, and information not later than

January 30, 1995.

ADDRESSES: Written comments and statements shall be sent to: Department

of Energy, Office of Energy Efficiency and Renewable Energy, Case No.

F-076, Mail Stop EE-43, Room 5E-066, Forrestal Building, 1000

Independence Avenue, S.W., Washington, DC 20585, (202) 586-7574.

FOR FURTHER INFORMATION CONTACT: Cyrus H. Nasseri, U.S. Department of

Energy, Office of Energy Efficiency and Renewable Energy, Mail Station

EE-431, Forrestal Building, 1000 Independence Avenue, S.W., Washington,

DC 20585, (202) 586-9138.

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

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

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

SUPPLEMENTARY INFORMATION: The Energy Conservation Program for Consumer

Products (other than automobiles) was established pursuant to the

Energy Policy and Conservation Act (EPCA), Public Law 94-163, 89 Stat.

917, as amended by the National Energy Conservation Policy Act (NECPA),

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

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

Appliance Energy Conservation Amendments of 1988 (NAECA 1988), Public

Law 100-357, and the Energy Policy Act of 1992 (EPAct), Public Law 102-

486, 106 Stat. 2776, which requires DOE to prescribe standardized test

procedures to measure the energy consumption of certain consumer

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

provide a comparable measure of energy consumption that will assist

consumers in making purchasing decisions. These test procedures appear

at 10 CFR Part 430, Subpart B.

The Department amended the prescribed test procedures by adding 10

CFR 430.27 on September 26, 1980, creating the waiver process. 45 FR

64108. Thereafter, DOE further amended the appliance test procedure

waiver process to allow the Assistant Secretary for Energy Efficiency

and Renewable Energy (Assistant Secretary) to grant an Interim Waiver

from test procedure requirements to manufacturers that have petitioned

DOE for a waiver of such prescribed test procedures. 51 FR 42823,

November 26, 1986.

The waiver process allows the Assistant Secretary to waive

temporarily, test procedures for a particular basic model when a

petitioner shows that the basic model contains one or more design

characteristics which prevent testing according to the prescribed test

procedures, or when the prescribed test procedures may evaluate the

basic model in a manner so unrepresentative of its true energy

consumption as to provide materially inaccurate comparative data.

Waivers generally remain in effect until final test procedure

amendments become effective, resolving the problem that is the subject

of the waiver.

The Interim Waiver provisions added by the 1986 amendment allow the

Secretary to grant an Interim Waiver when it is determined that the

applicant will experience economic hardship if the Application for

Interim Waiver is denied, if it appears likely that the Petition for

Waiver will be granted, and/or the Assistant Secretary determines that

it would be desirable for public policy reasons to grant immediate

relief pending a determination on the Petition for Waiver. An Interim

Waiver remains in effect for a period of 180 days, or until DOE issues

its determination on the Petition for Waiver, whichever is sooner, and

may be extended for an additional 180 days, if necessary.

On April 4, 1994, GlowCore filed an Application for Interim Waiver

regarding measurement of hot water boiler energy consumption.

GlowCore's application seeks an Interim Waiver from the DOE test

provisions that require a boiler return temperature of 120 deg.F.

Instead, GlowCore requests the allowance to test using 80 deg.F hot

water return temperature when testing its GB series of condensing

boilers. GlowCore states that the 80 deg.F return temperature fits

radiant in-floor heating systems that require less than 100 deg.F floor

temperatures and 80 deg.F return temperatures. Glowcore claims that the

120 deg.F specified by the DOE test procedure is too high for this

application. Glowcore claims that the return temperature of 80 deg.F

results in an efficiency improvement of approximately 5 percentage

points. Since the current DOE test procedure does not address a water

return temperature of 80 deg.F, GlowCore asks that the Interim Waiver

be granted.

The Department's regulations allow for a manufacturer to receive an

interim waiver if it is determined that economic hardship will result,

it is likely that the Petition for Waiver will be granted, and/or it is

desirable from a public policy perspective. Based on the Department's

review of GlowCore's request, DOE believes that none of these

conditions exist. In its Application, Glowcore seeks an Interim Waiver

from the existing test procedure which requires a hot water boiler

return temperature of 120 deg.F. Glowcore did not provide sufficient

information for the Department to evaluate what, if any, economic

hardship the company will likely experience absent a favorable

determination on the Application. The company stated that the GB series

boilers can be listed with an asterisk with the higher AFUE when used

as sources for in-floor radiant heat, and other low temperature heat

usages at 80 deg.F return water temperatures. Based on this statement,

DOE cannot determine whether Glowcore will experience competitive

hardship if the Application is denied. Further, the Department cannot

state at this time the likelihood that the Petition for Waiver will be

granted based on the facts presented since this is a matter of first

impression. Also, there are no public policy reasons put forth by

applicant to cause DOE to grant immediate relief.

Therefore, Glowcore's Application for an Interim Waiver regarding

return hot water temperature for its GB series of condensing boilers is

denied.

Pursuant to paragraph (e) of Sec. 430.27 of the Code of Federal

Regulations Part 430, the following letter denying the Application for

Interim Waiver was sent to GlowCore.

Pursuant to paragraph (b) of 10 CFR Part 430.27, DOE is hereby

publishing the ``Petition for Waiver'' in its entirety. The petition

contains no confidential information. DOE solicits comments, data, and

information respecting the petition. In particular, DOE is interested

in obtaining information on the following:

The particular design feature of the heat exchanger,

burner, and combustion blower which allows Glowcore's GB series boilers

to operate at lower water temperatures (80 deg.F), and withstand the

corrosive effects of the condensate from the burning of natural and

L.P. gases;

The particular market niche for this type of boiler.

Issued in Washington, DC, on December 21, 1994.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

Department of Energy

Washington, DC, December 21, 1994.

Mr. Dave Lackstrom, Product Engineer, GlowCore Corporation, P.O. Box

360591, Cleveland, OH 44136-0010

Dear Mr. Lackstrom: This is in response to your letter of April

4, 1994, regarding an Application for Interim Waiver, and Petition

for Waiver from the Department of Energy (DOE) test procedure

concerning measurement of hot water boiler energy consumption for

the GlowCore Corporation (GlowCore) GB series of condensing boilers.

In the Application, GlowCore seeks an Interim Waiver from the

existing test procedure which requires a hot water boiler return

temperature of 120 deg.F. GlowCore did not provide sufficient

information for the Department to evaluate what, if any, economic

hardship it will likely experience absent a favorable determination

on the Application. The company stated that GB series boilers can be

listed with an asterisk with the higher AFUE when used as sources

for in-floor radiant heat, and other low temperature heat usages at

80 deg.F return water temperatures. Based on this statement, DOE

cannot determine whether GlowCore will experience competitive

hardship if the Application is denied. Further, the Department

cannot state at this time the likelihood that the Petition for

Waiver will be granted based on the facts presented since this is a

matter of first impression. Also, there are no public policy reason

put forth by GlowCore to cause DOE to grant immediate relief.

Therefore, GlowCore's Application for an Interim Waiver

regarding return hot water temperature for its GB series of

condensing boilers is denied.

Pursuant to paragraph (b) of 10 CFR Part 430.27, DOE will

publish the ``Petition for Waiver'' in the Federal Register, and

solicit comment, data, and information concerning the Petition. In

particular, DOE is interested in obtaining information on the

following:

The particular design feature of the heat exchanger,

burner, and combustion blower which allows GlowCore's GB series

boilers to operate at lower water temperatures (80 deg.F), and

withstand the corrosive effects of the condensate from the burning

of natural and L.P. gases;

The particular market niche for this type of boiler.

Best regards,

Christine A. Ervin, Assistant Secretary, Energy Efficiency and

Renewable Energy.

GlowCore Corporation

Cleveland OH, April 4, 1994.

Assistant Secretary, Conservation & Renewable Energy, United States

Department of Energy, 1000 Independence Ave., S.W.; Washington, D.C.

20585

SUBJECT: PETITION FOR WAIVER AND APPLICATION OF INTERIM WAIVER

Gentlemen: This is a petition for waiver and application of

interim waiver submitted pursuant to Title CFR 430.27. Waiver is

requested from the test procedures for measuring hot water boiler

energy consumption.

The current test procedures for condensing hot water boilers

states that the flow rate shall be adjusted to produce a water

temperature rise during the steady state test which is between 19.5

and 20.5 F. During the steady state and heat up tests, the

condensing boiler shall be supplied with return water having a

temperature of 120 F. The maximum permissible variation of the

return water temperature from the required value during the steady

state and heat up tests shall not exceed plus or minus 2 F., except

during the first 30 seconds after start up when it shall not exceed

plus or minus 10 F., and between 30 and 60 seconds after start up it

shall not exceed plus or minus 5 F. (8.4.2.3.2 of ANSI 103-1988).

GlowCore's GB series boilers are class IV, Condensing, Direct

Vent, with Forced Air Combustion. They produce low NOx values

and high efficiencies. Many years of development time and money was

required so all components of the heat exchanger, burner, and

combustion blowers can withstand the corrosive effects of the

condensate from the burning of Natural and L.P. gasses. These

boilers can operate at the lower water temperatures that would

destroy typical cast iron, steel, or cooper heat exchangers and

combustion chambers.

These boilers therefore have a particular niche application for

radiant in-floor heating systems that require less than 100 F. floor

temperatures with 80 F. return water temperature. The test specified

120 F. return water temperature is too high for this application.

All other types of boiler construction must use thermal by-passes to

insure that their heat exchangers do not condense and corrode.

We petition that our GB series boilers can be listed with an

asterisk with the higher AFUE, when used a sources for in-floor

radiant heat and other low temperature heat usages at 80 F. return

water temperatures.

An Engineering Report No. 109-ANSI-ASHRAE/103-1988 was prepared

for us by AGA Laboratories, Cleveland, Ohio 44136, with 80 F. return

water temperatures. It was determined that 80 F. return water

temperature increases the efficiency approximately 5% from that of

120 F. return water. Report enclosed.

Sincerely,

Dave Lackstrom, Product Engineer, GlowCore Corporation

Enclosure.

[FR Doc. 94-32113 Filed 12-28-94; 8:45 am]

BILLING CODE 6450-01-P