Notice of Petition for Waiver From Superior Boiler Works, Inc. From the Department of Energy Commercial Packaged Boiler Test Procedure

AGENCY:

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

ACTION:

Notice of petition for waiver and request for public comments.

SUMMARY:

This notice announces receipt of a petition for waiver from Superior Boiler Works, Inc. (Superior) seeking an exemption from specified portions of the U.S. Department of Energy (DOE) test procedure applicable to commercial packaged boilers. Superior contends that some of their commercial packaged boilers cannot be accurately tested using the currently applicable DOE test procedure and, as a result, seeks to use an alternate test procedure to test these basic models. DOE solicits comments, data, and information concerning Superior's petition and the suggested alternate test procedure.

DATES:

DOE will accept comments, data, and information with respect to the Superior petition until May 16, 2016.

ADDRESSES:

You may submit comments, identified by case number “BLR-004,” by any of the following methods:

• Federal eRulemaking Portal: http://www.regulations.gov . Follow the instructions for submitting comments.
• Email: AS_Waiver_Requests@ee.doe.gov. Include the case number [Case No. BLR-004] in the subject line of the message.
• Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, Mailstop EE-2B, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. Please submit one signed original paper copy.
• Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite 600, Washington, DC 20024. Please submit one signed original paper copy.

Docket: For access to the docket to review the background documents relevant to this matter, you may visit http://www.regulations.gov . Available documents include the following items: (1) This notice; (2) public comments received; and (3) the petition for waiver.

FOR FURTHER INFORMATION CONTACT:

Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies Program, Mail Stop EE-2B, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-0371. Email: Bryan.Berringer@ee.doe.gov.

Mr. Peter Cochran, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585-0103. Telephone: (202) 586-9496. Email: Peter.Cochran@hq.doe.gov.

SUPPLEMENTARY INFORMATION:

In a petition received July 21, 2015, Superior requested that the U.S. Department of Energy (“DOE”) grant a waiver to certain models of larger commercial package boilers that cannot be tested under the existing DOE test procedure. The models of commercial packaged boilers at issue are models with higher input capacities that typically require higher steam pressure and alternative instrumentation due to the large quantities of fluids being measured.

I. Background and Authority

Title III, Part C of the Energy Policy and Conservation Act of 1975 (EPCA), as amended (42 U.S.C. 6311 et seq.), established the Energy Conservation Program for certain industrial equipment, which includes commercial packaged boilers. Part C specifically includes definitions (42 U.S.C. 6311), energy conservation standards (42 U.S.C 6313), test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315), and the authority to require information and reports from manufacturers (42 U.S.C. 6316). Part C authorizes the Secretary of Energy (the Secretary) to prescribe test procedures that are reasonably designed to produce results that measure energy efficiency, energy use, and estimated annual operating costs, and that are not unduly burdensome to conduct. (42 U.S.C. 6314(a)(2)) With respect to commercial packaged boilers, Part C requires DOE to use industry test procedures developed or recognized by the Air-Conditioning, Heating, and Refrigeration Institute (AHRI) or the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE), as referenced in ASHRAE/IES Standard 90.1, “Energy Standard for Buildings Except Low-Rise Residential Buildings.” (42 U.S.C. 6314(a)(4)(A)) Further, if such an industry test procedure is amended, DOE is required to amend its test procedure to be consistent with the amended industry test procedure, unless it determines, by rule published in the Federal Register and supported by clear and convincing evidence, that the amended test procedure would be unduly burdensome to conduct or would not produce test results that reflect the energy efficiency, energy use, and estimated operating costs of that equipment during a representative average use cycle. (42 U.S.C. 6314(a)(4)(B)). The test procedure for commercial packaged boilers is contained in 10 CFR part 431, subpart E.

DOE's regulations permit a person to seek a waiver from the test procedure requirements for covered commercial equipment if at least one of the following conditions is met: (1) The petitioner's basic model contains one or more design characteristics that prevent testing according to the prescribed test procedures; or (2) 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. 10 CFR 431.401(a)(1). Petitioners must include in their petition any alternate test procedures known to the petitioner to evaluate the basic model in a manner representative of its energy consumption. 10 CFR 431.401(b)(1)(iii).

DOE may grant a waiver subject to conditions, including adherence to alternate test procedures. 10 CFR 431.401(f)(2). As soon as practicable after the granting of any waiver, DOE will publish in the Federal Register a notice of proposed rulemaking to amend its regulations so as to eliminate any need for the continuation of such waiver. As soon thereafter as practicable, DOE will publish in the Federal Register a final rule. 10 CFR 431.401(l).

II. Petition for Waiver of Test Procedure

On July 21, 2015, Superior submitted a petition for waiver from the DOE test procedure for certain basic models of its commercial packaged boilers. The DOE test procedure for commercial packaged boilers is set forth at 10 CFR 431.86 and incorporates by reference Hydronics Institute (HI) BTS-2000, “Method to Determine Efficiency of Commercial Space Heating Boilers” (BTS-2000).

According to Superior, there are several issues that make BTS-2000 incompatible with larger commercial packaged boilers, including those identified in its petition for waiver. Superior stated that the requirements to use test conditions specified in BTS-2000 and the instrumentation requirements are outdated. Specifically, Superior indicated the following regarding the test conditions:

• The 0 to 2 psig test pressure for steam boilers may be adequate for residential and small commercial (cast iron) boilers sized [commercial packaged] boilers, however such steam pressures are not compatible with large [commercial packaged] boilers as it will cause water carryover in large quantities, and an inability to meet design water flow rates and firing rates;
• Typically test steam pressures in the range of 10 to 12 psig are required; and
• Test temperatures defined for hot water [commercial packaged] boilers cause thermal shock problems in large [commercial packaged] boilers.

Superior also indicated the following regarding the instrumentation chart in Table 1 of section 6.0, “Instruments,” of BTS-2000:

• Steam pressure cannot be measured by mercury manometer as the use of mercury in instruments and controls is banned; the correct instrument is a Bourdon Tube Gauge for pressures of 0 to 30 psig;
• Large boilers typically fire into a positive pressure combustion chamber, thus gas pressure, firebox pressure and vent/flue pressure instruments all need to reflect this;
• The use of scales to measure water/condensate/moisture flow rates is incompatible with the volume of these fluids being used or generated by large [commercial packaged] boilers;
• Water flow meters should be used and in the case of moisture content, current practice is to use a throttling calorimeter;
• The measurement of carbon dioxide as a means of calculating excess air or oxygen is considered obsolete in the large [commercial packaged] boiler industry; direct measurement of excess oxygen is the preferred method as modern oxygen meters can easily be calibrated against the oxygen in the ambient air;
• Carbon Monoxide levels are no longer measured as a percentage; the current preferred unit is parts per million (ppm).

To address these concerns, Superior proposes to use the newly published American National Standards Institute (ANSI)/Air-Conditioning, Heating, and Refrigeration Institute (AHRI) 1500-2015, “Standard for Performance Rating of Commercial Space Heating Boilers” (ANSI/AHRI Standard 1500-2015) in place of BTS-2000. AHRI developed ANSI/AHRI Standard 1500-2015 as a replacement for BTS-2000 in order to make the test procedure suitable for use with larger commercial packaged boilers, as well as improve and clarify the test method. Superior claims that use of this ANSI/AHRI Standard 1500-2015 is necessary as it is compatible with the size of commercial packaged boilers they manufacture.

Additionally, for the large commercial packaged boilers capable of supplying either steam or hot water identified in this petition, Superior requests that, when determining the combustion efficiency in hot water mode based on testing in steam mode only, the combustion efficiency rating be determined based on an adjusted combustion efficiency. Superior requests that an adjustment be made to the measured stack temperature to be used in calculating combustion efficiency based on the relative difference between the flue gas temperature and the bulk fluid temperature when operating in steam mode as opposed to hot water using the following relationship:

T_{stack, hw} = (T_{stack, steam} − T_sat) + T_{bulk, hw}

where T_{stack, hw} is the stack temperature to be used to determine the combustion efficiency in hot water mode, T_{stack, steam} is the measured stack temperature when testing on steam, T_sat is the saturation temperature of steam at the test pressure, and T_bulk is the temperature of the outlet water when testing in hot water mode and is equal to 180 °F. According to Superior, using this adjusted stack temperature to calculate combustion efficiency is a more accurate representation of the actual efficiency when operating as a hot water commercial packaged boiler than simply using combustion efficiency value for steam mode.

The following basic models are included in Superior's petition: Arrowhead, Triad, Apache, Seminole, Super Seminole, Mohican, Aztec, Mohawk, Osage, SX-6, and SX-8.

DOE notes that it has published a notice of proposed rulemaking (March 2016 CPB TP NOPR) to amend its test procedure for commercial packaged boilers prescribed in 10 CFR part 431 subpart E. 81 FR 14641 (Mar. 17, 2016). The proposed amended test procedure addresses, among other changes, the issues raised in this waiver request by incorporating by reference ANSI/AHRI Standard 1500-2015 as a replacement for BTS-2000 in the DOE test procedure for commercial packaged boilers. In addition to adopting ANSI/AHRI Standard 1500-2015 as a replacement for BTS-2000, DOE further proposes several modifications to its test procedure that are not captured in ANSI/AHRI Standard 1500-2015 in order to improve repeatability, add clarification, and accommodate testing of some equipment that has experienced difficulty in testing to the existing DOE test procedure. Among these changes, DOE proposes to adopt the stack temperature adjustment described by Superior when using the tested combustion efficiency of large steam commercial packaged boilers to represent the combustion efficiency of large commercial packaged boilers in hot water mode.

III. Summary and Request for Comments

Through this notice, DOE is publishing Superior's petition for waiver pursuant to 10 CFR 431.401(b)(1)(iv). The petition contains no confidential information. The petition includes a suggested alternate test procedure applicable to measurement of energy efficiency of certain models of commercial packaged boilers manufactured by Superior.

DOE solicits comments from interested parties on all aspects of the petition, including the suggested alternate test procedure. Pursuant to 10 CFR 431.401(d), any person submitting written comments to DOE must also send a copy of such comments to the petitioner. The contact information for the petitioner is: Mokhtar Matallah, Vice President, Engineering, Superior Boiler Works, Inc., 3524 E. 4th St., Hutchinson, KS 67504. All submissions received must include the agency name and case number for this proceeding. Submit electronic comments in WordPerfect, Microsoft Word, Portable Document Format (PDF), or text (American Standard Code for Information Interchange (ASCII)) file format and avoid the use of special characters or any form of encryption. Wherever possible, include the electronic signature of the author. DOE does not accept telefacsimiles (faxes).

According to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit two copies: one copy of the document including all the information believed to be confidential, and one copy of the document with the information believed to be confidential deleted. DOE will make its own determination about the confidential status of the information and treat it according to its determination.

Superior Boiler Works, Inc.

3524 E. 4th St.

Hutchinson, KS 67504

(620) 662-6693

July 21, 2015

U.S. Department of Energy

Attention: Ms. Ashley Armstrong

Subject: Revised Commercial Packaged Boilers Waiver Request

Dear Ms. Armstrong,

We previously submitted a waiver request on June 30, 2015 but wish to submit this revised waiver request in place of it. In accordance with the provisions of the Code of Federal Regulations Part 431, paragraph 431.401, Superior Boiler Works, Inc. is hereby petitioning for a waiver from the following specific test procedures specified for Commercial Packaged Boilers:

1. Paragraph 431.86 Uniform test method for the measurement of energy efficiency of commercial packaged boilers. This section requirements that boilers be tested using the provisions of HI BTS-2000. We propose to use the newly published AHRI Standard 1500, 2015 Standard for Performance Rating of Commercial Space Heating Boilers. There are several issues that make BTS 2000 incompatible with larger boilers that were previously identified and discussed. AHRI has worked diligently over the last year or so to revise BTS-2000 in order to address those issues and make BTS 2000 suitable for larger boilers. AHRI Standard 1500 is the result of that work. Use of this new standard is desirable as it is compatible with the various size boilers we manufacture.

2. Paragraph 431.86(c)(1)(iv) The requirement to use test conditions specified in BTS-2000 specifically the requirements for the test pressure for steam boilers, the required water temperatures for hot water boilers and instrumentation requirements seem to refer back to the middle of the last century rather than the present day, for example:

• The 0 to 2 psig test pressure for steam boilers may be perfectly adequate for residential and small commercial (cast iron) boilers sized boilers, however is not compatible with large boilers as it will cause water carryover in large quantities, and an inability to meet design water flow rates and firing rates. Typically test pressures in range 10 to 12 psig are required.
• Test temperatures defined for hot water boilers are guaranteed to cause thermal shock problems in large boilers.
• The instrumentation chart, Table 1, has several problem areas, as follows:

○ Steam pressure cannot be measured by mercury manometer as the use of mercury in instruments and controls is banned. The correct instrument is a Bourdon Tube Gauge 0 to 30 psig

○ Large boilers typically fire into a positive pressure combustion chamber, thus gas pressure, firebox pressure and vent/flue pressure instruments all need to reflect this.

○ The use of scales to measure water/condensate/moisture flow rates is incompatible with the sheer volume of these fluids being used or generated by large boilers. Water flow meters should be used and in the case of moisture content, current practice is to use a throttling calorimeter.

○ The measurement of carbon dioxide as a means of calculating excess air or oxygen is considered obsolete in the large boiler industry. Direct measurement of excess oxygen is the preferred method as modern oxygen meters can easily be calibrated against the oxygen in the ambient air.

○ Carbon Monoxide levels are no longer measured as a percentage. The current preferred unit is ppm.

AHRI 1500 has taken into account these changes.

3. Paragraph 431.86(c)(2)(iii)(B) Rating. This paragraph specifies that for boilers capable of supplying either steam or hot water, that are tested on steam only, the hot water efficiency shall be based on the testing in the steam mode. We propose to use an adjusted steam efficiency for hot water when testing on steam only. The adjustment is made to the measured stack temperature to be used in calculating efficiency based on the relative difference between the flue gas temperature and the bulk fluid temperature when operating on steam vs. hot water using the following relationship:

Tstack_hw = (Tstack_steam − T_sat) + Tbulk_hw, where

Tstack_hw = stack temperature to be used to determine the efficiency on hot water.

Tstack_steam = measured stack temperature when testing on steam.

Tbulk_hw = 180 °F

The dominant heat transfer variable for both steam and hot water boilers is the gas side coefficient and there is very little difference in the overall heat transfer coefficient between steam and hot water boilers. It is possible therefore to determine what a hot water boiler stack temperature will be based on a steam test based on the difference in the bulk fluid temperature in the boiler. We believe that using this adjusted stack temperature to calculate efficiency is a more accurate representation of the actual efficiency when operating as a hot water boiler than simply using the steam efficiency value.

The basic models that this request is applicable to are scotch marine, firetube boilers used for commercial packaged space heating, Section IV ASME applications. The specific models offered by Superior Boiler Works in this category for section IV ASME applications includes the following:

1. Arrowhead

2. Triad

3. Apache

4. Seminole

5. Super Seminole

6. Mohican

7. Aztec

8. Mohawk

9. Osage

10. SX-6

11. SX-8

Other know manufacturers of similar products are listed below. These manufacturers will be notified by Superior Boiler Works, Inc. of this waiver, if and when the deviation is granted, in accordance with paragraph 431.401(c).

AESYS Technologies, LLC

Bryan Steam

Burnham Commercial

Cleaver-Brooks

Easco

Fulton Boiler Works

Hurst Boiler

Johnston Boiler Company

Lattner Boiler Company

Miura

Precision Boilers, LLC

Unilux

Vapor Power International, LLC

Victory Energy Operations, LLC

Williams & Davis Boilers

We appreciate your consideration of this request. If you have any additional questions please don't hesitate to contact me.

Sincerely,

Mokhtar Matallah

Vice President, Engineering

Cc: Mr. Doug Wright, President & CEO, Superior Boiler Works, Inc.