[Federal Register: October 6, 2006 (Volume 71, Number 194)]
[Proposed Rules]               
[Page 59203-59259]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06oc06-17]                         


[[Page 59203]]

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Part II





Department of Energy





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Office of Energy Efficiency and Renewable Energy



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10 CFR Part 430



Energy Conservation Program for Consumer Products: Energy Conservation 
Standards for Residential Furnaces and Boilers; Proposed Rule


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 430

[Docket Number EE-RM/STD-01-350]
RIN 1904-AA78

 
Energy Conservation Program for Consumer Products: Energy 
Conservation Standards for Residential Furnaces and Boilers

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

ACTION: Notice of proposed rulemaking and public meeting.

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SUMMARY: The Energy Policy and Conservation Act (EPCA or the Act) 
prescribes energy conservation standards for various consumer products 
and commercial and industrial equipment, and requires the Department of 
Energy (DOE or the Department) to determine if amendments to increase 
the stringency of the standards are technologically feasible and 
economically justified, and if they would save a significant amount of 
energy. In this notice, the Department is proposing to amend the energy 
conservation standards for residential furnaces and boilers and is 
announcing a public meeting.

DATES: The Department will hold a public meeting on October 30, 2006, 
from 9 a.m. to 4 p.m., in Washington, DC. The Department must receive 
requests to speak at the public meeting before 4 p.m., October 16, 
2006. The Department must receive a signed original and an electronic 
copy of statements to be given at the public meeting before 4 p.m., 
October 16, 2006.
    The Department will accept comments, data, and information 
regarding the notice of proposed rulemaking (NOPR) before and after the 
public meeting, but no later than January 15, 2007. See section VII, 
``Public Participation,'' of this notice for details.

ADDRESSES: You may submit comments, identified by docket number EE-RM/
STD-01-350 and/or regulatory information number (RIN) 1904-AA78, by any 
of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 

the instructions for submitting comments.
    2. E-mail: ResidentialFBNOPR[fxsp0]Comments@ee.doe.gov. Include 
docket number EE-RM/STD-01-350 and/or RIN number 1904-AA78 in the 
subject line of the message.
    3. Mail: Ms. Brenda Edwards-Jones, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J, NOPR for Residential 
Furnaces and Boilers, Docket Number EE-RM/STD-01-350 and/or RIN number 
1904-AA78, 1000 Independence Avenue, SW., Washington, DC 20585-0121. 
Please submit one signed original paper copy.
    4. Hand Delivery/Courier: Ms. Brenda Edwards-Jones, U.S. Department 
of Energy, Building Technologies Program, Room 1J-018, 1000 
Independence Avenue, SW., Washington, DC 20585-0121. Telephone: (202) 
586-2945. Please submit one signed original paper copy.
    Instructions: All submissions received must include the agency name 
and Docket Number or RIN for this rulemaking. For detailed instructions 
on submitting comments and additional information on the rulemaking 
process, see section VII, ``Public Participation,'' of this notice for 
details.
    Docket: For access to the docket to read background documents or 
comments received, visit the U.S. Department of Energy, Forrestal 
Building, Room 1J-018 (Resource Room of the Building Technologies 
Program), 1000 Independence Avenue, SW., Washington, DC 20585-0121, 
(202) 586-2945, between 9 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays. Please call Ms. Brenda Edwards-Jones at the 
above telephone number for additional information regarding visiting 
the Resource Room. Please note: The Department's Freedom of Information 
Reading Room (formerly Room 1E-190 at the Forrestal Building) is no 
longer housing rulemaking materials.

FOR FURTHER INFORMATION CONTACT: Mohammed Khan, Project Manager, Energy 
Conservation Standards for Residential Furnaces and Boilers, U.S. 
Department of Energy, Energy Efficiency and Renewable Energy, Building 
Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington, 
DC 20585-0121, (202) 586-7892, e-mail: Mohammed.Khan@ee.doe.gov.
    Francine Pinto, Esq., U.S. Department of Energy, Office of the 
General Counsel, GC-72, 1000 Independence Avenue, SW., Washington, DC 
20585-0121, (202) 586-9507, e-mail: Francine.Pinto@hq.doe.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Summary of the Proposed Rule
II. Introduction
    A. Consumer Overview
    B. Authority
    C. Background
    1. Current Standards
    2. History of Standards Rulemaking for Residential Furnaces and 
Boilers
    3. Process Improvement
    D. Negotiated Boiler Standards Agreement
III. General Discussion
    A. General Issues
    1. Impact of Furnace and Boiler Standards on Future Natural Gas 
Prices
    2. Inclusion of Electricity Consumption in Furnace and Boiler 
Standards
    3. Separate Standards for Equipment Installed in New Homes and 
as Replacements
    4. Separate Standards for Different Regions
    B. Test Procedures
    C. Technological Feasibility
    1. General
    2. Maximum Technologically Feasible Levels
    D. Energy Savings
    1. Determination of Savings
    2. Significance of Savings
    E. Economic Justification
    1. Specific Criteria
    a. Economic Impact on Manufacturers and Consumers
    b. Life-Cycle Costs
    c. Energy Savings
    d. Lessening of Utility or Performance of Products
    e. Impact of Any Lessening of Competition f. Need of the Nation 
to Conserve Energy
    g. Other Factors
    2. Rebuttable Presumption
IV. Methodology and Discussion of Comments
    A. Product Classes
    B. Engineering Analysis
    1. Manufacturing Costs
    2. Markups
    3. Installation Costs
    a. Non-Weatherized Gas Furnaces
    b. Other Product Classes
    4. Maintenance Costs
    5. Rebuttable-Presumption Payback Period
    C. Life-Cycle Cost and Payback Period Analysis
    1. Equipment Prices
    2. Installation Costs
    3. Household Annual Energy Consumption
    4. Energy Prices
    5. Maintenance Costs
    6. Equipment Lifetime
    7. Discount Rates
    8. Effective Date of the New Standards
    9. Inputs to Payback Period Analysis
    10. Base-Case Equipment
    D. National Impact Analysis--National Energy Savings and Net 
Present Value Analysis
    1. Shipments, National Energy Savings, and Net Present Value
    2. Annual Unit Energy Consumption
    3. Site-to-Source Conversion Factors
    4. Installed Equipment Costs
    5. Maintenance Costs
    6. Energy Prices
    7. Discount Rates
    E. Consumer Subgroup Analysis
    F. Manufacturer Impact Analysis
    1. General Description
    2. Industry Profile
    3. Industry Cash Flow Analysis
    4. Subgroup Impact Analysis

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    5. Government Regulatory Impact Model Analysis
    6. Manufacturer Interviews
    a. Issues
    b. GRIM Scenarios and Key Inputs
    1. Shipments Forecast
    2. Markups
    3. Product and Capital Conversion Costs
    G. Employment Impact Analysis
    H. Utility Impact Analysis
    I. Environmental Analysis
V. Analytical Results
    A. Trial Standard Levels
    B. Economic Justification and Energy Savings
    1. Economic Impacts on Consumers
    a. Life-Cycle Cost and Payback Period
    b. Consumer Subgroup Analysis
    c. Rebuttable-Presumption Payback
    2. Economic Impacts on Manufacturers
    a. Industry Cash Flow Analysis Results
    i. Non-Weatherized Gas Furnaces
    ii. Weatherized Gas Furnaces
    iii. Mobile Home Gas Furnaces
    iv. Oil-Fired Furnaces
    v. Gas Boilers
    vi. Oil-Fired Boilers
    b. Impacts on Manufacturing Capacity
    c. Impacts on Subgroups of Manufacturers
    d. Cumulative Regulatory Burden
    3. National Impact Analysis
    a. Significance of Energy Savings
    b. Net Present Value
    c. Impacts on Employment
    4. Impact on Utility or Performance of Products
    5. Impact of Any Lessening of Competition
    6. Need of the Nation to Conserve Energy
    7. Other Factors
    C. Proposed Standard
VI. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act
    D. Review Under the National Environmental Policy Act
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act of 1999
    I. Review Under Executive Order 12630
    J. Review Under the Treasury and General Government 
Appropriations Act of 2001
    K. Review Under Executive Order 13211
    L. Review Under the Information Quality Bulletin for Peer Review
    M. Review Under Executive Order 12898
VII. Public Participation
    A. Attendance at Public Meeting
    B. Procedure for Submitting Requests to Speak
    C. Conduct of Public Meeting
    D. Submission of Comments
    E. Issues on Which DOE Seeks Comment
VIII. Approval of the Office of the Secretary

I. Summary of the Proposed Rule

    The Energy Policy and Conservation Act (EPCA or the Act), as 
amended, specifies that any new or amended energy conservation standard 
the Department of Energy (DOE or the Department) prescribes for 
consumer products shall be designed to ``achieve the maximum 
improvement in energy efficiency * * * which the Secretary determines 
is technologically feasible and economically justified.'' (42 U.S.C. 
6295(o)(2)(A)) Furthermore, the new or amended standard must ``result 
in significant conservation of energy.'' (42 U.S.C. 6295(o)(3)(B)) In 
accordance with these and other statutory criteria discussed in this 
notice, the Department proposes to amend the residential furnace and 
boiler energy conservation standards and raise efficiency levels as 
shown in Table I.1. The proposed standards would apply to all covered 
furnaces and boilers offered for sale in the United States, effective 
on January 1, 2015.

      Table I.1.--Proposed Standard Levels for Furnaces and Boilers
------------------------------------------------------------------------
                        Product class                           AFUE (%)
------------------------------------------------------------------------
Non-weatherized gas furnaces.................................         80
Weatherized gas furnaces.....................................         83
Mobile home gas furnaces.....................................         80
Oil-fired furnaces...........................................         82
Gas boilers..................................................         84
Oil-fired boilers............................................         83
------------------------------------------------------------------------
AFUE = annual fuel utilization efficiency.

    The Department's analyses indicate that the proposed standards 
would save a significant amount of energy--an estimated 0.41 
quadrillion British thermal units (Btu), or quads, of cumulative energy 
over 24 years (2015-2038). For comparison, approximately six quads are 
used annually for space heating in U.S. homes. The economic impacts on 
consumers--i.e., the average life-cycle cost (LCC) savings--are 
positive.
    The cumulative national net present value (NPV) of total consumer 
costs and savings of the proposed standard (DOE's trial standard level 
2, or TSL2) from 2015 to 2038, in 2004$, ranges from $650 million 
(seven-percent discount rate) to $2.48 billion (three-percent discount 
rate). This is the estimated total value of future operating-cost-
savings minus the estimated increased equipment costs, discounted to 
2004. The Department estimated the furnace and boiler industry net 
present value (INPV) to be approximately $1.6 billion in 2004$. If the 
Department adopts the proposed standard, it expects manufacturers will 
lose 4.1 to 7 percent of the INPV, which is approximately $65-114 
million. The NPV for consumers (at the seven-percent discount rate) 
exceeds industry losses due to energy efficiency standards by about 
seven times.
    The proposed standard will lead to reductions in greenhouse gas 
emissions, resulting in cumulative (undiscounted) emission reductions 
of 19.6 million tons (Mt) of carbon dioxide (CO2) from 2015 
to 2038. Additionally, the standard would result in 13.0 thousand tons 
(kt) of nitrogen oxides (NOX) emissions reductions or 
generate a similar amount of NOX emissions allowance credits 
in areas where such emissions are subject to emissions caps. The 
standard would also generate 1.5 kt of sulfur dioxide (SO2) 
emissions reductions from 2015 to 2038. Most of the energy saved is 
natural gas. In addition, the Department expects the energy savings 
from the proposed standards to eliminate the need for approximately 14 
megawatts (MW) of generating capacity by 2030.
    The above results reflect the Department's use of energy price 
projections from the U.S. Energy Information Administration (EIA)'s 
Annual Energy Outlook 2005 (AEO2005). In addition, the Department 
performed a sensitivity analysis to assess the impacts of the standard 
using the Annual Energy Outlook 2006 (AEO2006) energy price forecasts. 
In this sensitivity analysis, the proposed standards would save the 
same amount of energy (0.41 quads) over 2015-2038. The cumulative NPV 
of total consumer costs and savings of the proposed standard from 2015 
to 2038, in 2004$, ranges from $820 million (seven-percent discount 
rate) to $3.02 billion (three-percent discount rate). The other results 
are approximately the same as in the analysis using AEO2005.
    The Department has found the proposed standard represents the 
maximum improvement in energy efficiency that is technologically 
feasible and economically justified. The Department found the benefits 
to the Nation of the proposed standard (energy savings, consumer 
average LCC savings, national NPV increase, and emission reductions) 
outweigh the costs (loss of manufacturer NPV, and LCC increases for 
some consumers). The Department considered higher energy efficiency 
levels as trial standard levels; however, it found the burdens of the 
higher efficiency levels (loss of manufacturer NPV, LCC increases for 
some consumers, and safety concerns) outweigh the benefits (energy 
savings, LCC savings for some consumers, national NPV increase, and 
emission reductions). The Department concludes that the proposed 
standard is economically justified. Furthermore, DOE has found that the 
proposed standard is technologically feasible since products achieving 
these

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efficiencies already are commercially available.

II. Introduction

A. Consumer Overview

    The Department is proposing to raise the energy conservation 
standard levels for residential furnaces and boilers as shown above in 
Table II.1. The proposed efficiency standard would apply to all covered 
furnaces and boilers offered for sale in the United States, effective 
on January 1, 2015. Relative to the current standard levels, the 
proposed levels for residential furnaces and boilers represent an 
improvement in energy efficiency of one to five percent, depending on 
the product class.

     Table II.1.--Proposed Standard Levels for Furnaces and Boilers
------------------------------------------------------------------------
                                                                   AFUE
                         Product class                             (%)
------------------------------------------------------------------------
Non-weatherized gas furnaces...................................       80
Weatherized gas furnaces.......................................       83
Mobile home gas furnaces.......................................       80
Oil-fired furnaces.............................................       82
Gas boilers....................................................       84
Oil-fired boilers..............................................      83
------------------------------------------------------------------------
AFUE = annual fuel utilization efficiency.

B. Authority

    Title III of EPCA sets forth a variety of provisions designed to 
improve energy efficiency. Part B of title III (42 U.S.C. 6291-6309) 
provides for the Energy Conservation Program for Consumer Products 
other than Automobiles. The program covers consumer products (referred 
to hereafter as ``covered products''), including residential furnaces 
and boilers. (42 U.S.C. 6292(a)(5))
    Under the Act, the program consists essentially of these parts: 
Testing, labeling, and Federal energy conservation standards. The 
Federal Trade Commission (FTC) is responsible for labeling, and DOE 
implements the remainder of the program. Section 323 of the Act 
authorizes the Department, with assistance from the National Institute 
of Standards and Technology (NIST) and subject to certain criteria and 
conditions, to develop test procedures to measure the energy 
efficiency, energy use, or estimated annual operating cost of each 
covered product. (42 U.S.C. 6293) The furnace and boiler test 
procedures appear at Title 10 of the Code of Federal Regulations (CFR) 
part 430, subpart B, Appendix N.
    EPCA provides 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)) EPCA precludes the Department from 
adopting any standard that would not result in significant conservation 
of energy. (42 U.S.C. 6295(o)(3)(B)) Moreover, the Department may not 
prescribe a standard: (1) For certain products, 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)(B) The Act (42 U.S.C. 
6295(o)(2)(B)(i)) also provides that, in deciding whether a standard is 
economically justified, DOE must, after receiving comments on the 
proposed standard, determine whether the benefits of the standard 
exceed its burdens by considering, to the greatest extent practicable, 
the following seven factors:

    (1) The economic impact of the standard on manufacturers and 
consumers of the products subject to the standard;
    (2) The savings in operating costs throughout the estimated 
average life of the covered products in the type (or class) compared 
to any increase in the price, initial charges, or maintenance 
expenses for the covered products that are likely to result from the 
imposition of the standard;
    (3) The total projected amount of energy savings likely to 
result directly from the imposition of the standard;
    (4) Any lessening of the utility or the performance of the 
covered products likely to result from the imposition of the 
standard;
    (5) The impact of any lessening of competition, as determined in 
writing by the Attorney General, that is likely to result from the 
imposition of the standard;
    (6) The need for national energy conservation; and
    (7) Other factors the Secretary considers relevant.

    EPCA contains what is commonly known as an ``anti-backsliding'' 
provision. (42 U.S.C. 6295(o)(1)) This provision mandates that the 
Secretary not prescribe any amended standard that either increases the 
maximum allowable energy use or decreases the minimum required energy 
efficiency of a covered product. Also, the Secretary may not prescribe 
an amended or a new standard if interested persons have established by 
a preponderance of the evidence that the standard is likely to result 
in the unavailability in the United States of any covered product type 
(or class) with performance characteristics, features, sizes, 
capacities, and volume that are substantially the same as those 
generally available in the United States. (42 U.S.C. 6295 (o)(4))
    In addition, section 325(o)(2)(B)(iii) of EPCA 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 efficiency 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 * * *.'' 
The rebuttable-presumption test is an alternative path to establishing 
economic justification. (42 U.S.C. 6295(o)(2)(B)(iii))
    Section 325(q)(1) of EPCA is applicable to promulgating a standard 
for a type or class of covered product that has two or more 
subcategories. The Department must specify a different standard level 
than that which applies generally to such type or class of products 
``for any group of covered products which have the same function or 
intended use, if * * * 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'' that applies or will apply to the other products. (42 
U.S.C.6295(q)(l)) In determining whether a performance-related feature 
justifies such a different standard for a group of products, the 
Department must consider ``such factors as the utility to the consumer 
of such a feature'' and other factors DOE deems appropriate. 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)) The Department can, however, 
grant waivers of preemption for particular State laws or regulations, 
in accordance with the procedures and other provisions of section 
327(d) of the Act. (42 U.S.C. 6297(d)) Specifically, States with a 
regulation that provides for an energy conservation standard for any 
type of covered product for which there is a Federal energy 
conservation standard may petition the Secretary for a DOE rule that 
allows the State regulation to become effective with respect to such 
covered product. The Department must prescribe a rule granting the 
petition if the State establishes by a preponderance

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of the evidence that its regulation is needed to meet ``unusual and 
compelling State or local energy * * * interests.'' (42 U.S.C. 
6297(d)(1)(B))

C. Background

1. Current Standards
    EPCA established an energy conservation standard for residential 
furnaces and boilers.\1\ It set the standard in terms of the annual 
fuel utilization efficiency (AFUE) descriptor at a minimum value of 78 
percent for most furnaces. It set the minimum AFUE at 75 percent for 
gas steam boilers and 80 percent for other boilers. For mobile home 
furnaces, EPCA set the minimum AFUE at 75 percent. These standards 
became effective on January 1, 1992, with the exception of the standard 
for mobile home furnaces, for which the effective date was September 1, 
1990. (42 U.S.C. 6295(f)(1)-(2))
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    \1\ EPCA states that a ``furnace'' includes forced-air and 
gravity central furnaces and low-pressure steam and hot water 
boilers, and that it must have a heat input rate of less than 
225,000 Btu/h for forced-air and gravity central furnaces, and less 
than 300,000 Btu/h for boilers. (42 U.S.C. 6291(23)) However, in 
this notice, DOE has adopted the terminology used in the heating, 
ventilating, and air conditioning industry, which considers furnaces 
and boilers as separate categories.
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2. History of Standards Rulemaking for Residential Furnaces and Boilers
    For ``small'' gas furnaces (those having an input rate of less than 
45,000 Btu per hour), the Department published a final rule on November 
17, 1989, in which it set the minimum AFUE for these products at 78 
percent, effective January 1, 1992. 54 FR 47916.
    For mobile home furnaces, the Department issued an advance notice 
of proposed rulemaking (ANOPR) on September 28, 1990 (55 FR 39624), 
followed by a proposed rule on March 4, 1994. 59 FR 10464. The Interior 
and Related Agencies Appropriations for Fiscal Year 1996 (Pub. L. 104-
34) included a moratorium on appliance standards rulemakings, 
preventing DOE from finalizing the standards on mobile home furnaces. 
The Department responded to the moratorium by developing an improved 
process, known as the Process Rule, for its energy conservation 
standards rulemakings (Procedures for Consideration of New or Revised 
Energy Conservation Standards for Consumer Products, Title 10 CFR part 
430, Subpart C, Appendix A). 61 FR 36974. The Process Rule provided 
guidance on how DOE prioritizes its standards rulemakings. As a result, 
the Department pursued standards rulemakings for other products rather 
than finalizing the proposed standard for mobile home furnaces. 
Therefore, the Department did not publish a final rule for amending 
mobile home furnace standards and the minimum energy conservation 
standard remained at 75 percent AFUE.
    The Act also directed the Department to publish a final rule to 
determine whether the standards should be amended for all furnaces and 
boilers. (42 U.S.C. 6295(f)(3)(B)) On September 8, 1993, the Department 
published an ANOPR (hereafter referred to as the September 1993 ANOPR) 
in which it presented the product classes for furnaces that it planned 
to analyze, and a detailed discussion of the analytical methodology 
that it expected to use in this rulemaking. 58 FR 47326. The Department 
invited stakeholders to submit comments and data on the planned 
methodology. However, the 1996 moratorium on appliance standards 
rulemakings prevented DOE from proceeding further with the rulemaking 
process.\2\
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    \2\ Pub. L. 104-34, the Department of the Interior and Related 
Agencies Appropriations Act for Fiscal Year 1996 which included a 
moratorium on proposing or issuing energy conservation appliance 
standard for FY 1996.
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    In the fiscal year 2001 Priority Setting for the Appliance 
Rulemaking Process, DOE assigned a high level of priority to a 
rulemaking to consider amendments to the energy conservation standards 
for residential furnaces and boilers, including mobile home furnaces. 
On June 13, 2001, DOE published a Framework Document for Residential 
Furnaces and Boilers Standards Rulemaking (Framework Document). The 
Department held a public meeting on July 17, 2001, to discuss the 
procedural and analytical approaches in this rulemaking, and to seek 
stakeholder comments on the Framework Document.
    The Department held another public meeting on May 8, 2002, to 
receive and discuss comments on issues related to venting 
installations. In June 2002, the Gas Appliance Manufacturers 
Association (GAMA) commented on DOE's analysis of manufacturing costs. 
In August 2002, GAMA convened a meeting with DOE and the American 
Council for an Energy-Efficient Economy (ACEEE) to discuss approaches 
for analyzing electricity use in furnaces. In September 2002, the 
Department posted its engineering analysis and received stakeholder 
comments. The Department published an ANOPR on July 29, 2004 (hereafter 
referred to as the 2004 ANOPR), and held a public meeting on September 
29, 2004, to present the methodology and results of the ANOPR analyses. 
69 FR 45419.
    As set forth in the updated rulemaking timeline published in the 
Department's Semi-annual Regulatory Agenda on December 13, 2004, DOE 
expects to issue a final rule in 2007. 69 FR 72713. The effective date 
for any new standards for furnaces and boilers published in 2007 would 
be 2015, or eight years after publication as a final rule in the 
Federal Register. (42 U.S.C. 6295 (f)(3)(B))
3. Process Improvement
    The Process Rule applies to the development of energy conservation 
standards for all consumer products, including those for residential 
furnaces and boilers. 61 FR 36974. In this notice, the Department 
describes the framework and methodologies by which it is developing the 
standard. The framework and methodologies reflect improvements made and 
steps taken in accordance with the Process Rule, including the use of 
improved economic models and analytical tools. The rulemaking process 
is dynamic, and as timely new data, models, or tools that enhance the 
development of standards become available, the Department will 
incorporate them into the rulemaking.
    In response to the DOE's 2004 ANOPR, the American Gas Association 
(AGA) asserted that the spreadsheets used by the Department do not meet 
the requirements of the Process Rule, which specifies the use of 
transparent and robust analytical methods ``that are fully documented 
for the public and that produce results that can be explained and 
reproduced * * *.'' AGA suggested that DOE (1) explore simpler 
analytical methods for its analyses, or (2) provide stakeholders with 
more direct means of testing alternate assumptions and sensitivities. 
(AGA, No. 78 at p. 2) \3\ Southern Company (Southern) commented that it 
would be helpful if DOE provided tools for the review of its analysis 
results that could be used more easily. (Southern, No. 71 at p. 3) 
After the 2004 ANOPR, DOE improved the design and user-friendliness of 
the analytical spreadsheets by creating process diagrams and by adding 
additional summary worksheets, help screens to assist the user, and 
input screens to allow the testing of alternate assumptions. The 
Department also expanded its documentation by adding

[[Page 59208]]

appendices that explain in detail the design and use of the 
spreadsheets.
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    \3\ A notation in the form ``AGA, No. 78 at p. 2'' identifies a 
written comment the Department has received and has included in the 
docket of this rulemaking. This particular notation refers to a 
comment (1) By the American Gas Association (AGA), (2) in the 
document number 78 in the docket of this rulemaking (maintained in 
the Resource Room of the Building Technologies Program), and (3) 
appear on page 2 of document number 78.
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    GAMA commented that there should be more informal communication 
between DOE and the furnace industry during the course of the 
rulemaking. (GAMA, No. 67 at p. 8) In accordance with the Process Rule, 
DOE sought stakeholder review at several points in the rulemaking and 
organized public meetings, webcasts, and conference calls to discuss 
important issues. The Department recognizes the value of having 
informal, open communication with stakeholders, as stakeholder input 
can contribute significantly to the quality of the Department's 
analyses and improve the Department's decision making. However, the 
open nature of the process has introduced substantial delays in the 
Department's rulemaking schedules. Such delays have been an unintended 
consequence of the Process Rule. The Department therefore, recognizes 
the need for a balance in the allowance of stakeholder input and 
maintaining rulemaking schedules, and will better integrate stakeholder 
input and expert review within the scope of the structured notice-and-
comment rulemaking process.

D. Negotiated Boiler Standards Agreement

    On July 14, 2006, GAMA and ACEEE, on behalf of 28 residential 
boiler manufacturers and four energy efficiency organizations, 
submitted a negotiated agreement recommending new national standards 
for residential boilers that would consist of a performance requirement 
(minimum AFUE levels) and design requirements. The recommended 
performance levels are the maximum that the industry feels would 
safeguard against corrosion and ensure safe venting. Both GAMA and 
ACEEE believe that the design requirements would bring about 
additional, non-trivial energy savings.
    For gas-fired boilers, both water and steam types, the agreement 
calls for a ban on standing pilots. For gas-fired water boilers only, 
there are two design requirements. In addition to the ban on standing 
pilots, the agreement also requires a ``temperature reset'' feature 
that automatically adjusts the boiler output according to the outdoor 
ambient air temperature. For oil-fired water boilers, the agreement 
contains the design requirement for the same ``temperature reset'' 
feature.
    The Department sincerely appreciates the effort stakeholders have 
made to propose an agreement for the boiler portion of this rulemaking. 
However, the Department has determined that the recommended standards 
in the negotiated agreement are beyond the scope of its legal 
authority. The Energy Policy and Conservation Act (EPCA) authorizes the 
Secretary to amend energy conservation standards for specified 
products. (42 U.S.C. 6295) Section 321(6) of the EPCA defines the term 
``energy conservation standard'' as
    (A) A performance standard which prescribes a minimum level of 
energy efficiency or a maximum quantity of energy use, * * * or
    (B) A design requirement for the products specified in paragraphs 
(6), (7), (8), (10), (15), (16), (17), and (19) of section 322(a) * * * 
[of this title.]

(42 U.S.C. 6291(6))

    The language of EPCA authorizes the Department to establish a 
performance standard or a single design standard. EPCA's list of 
specified products for which a design standard can be established does 
not include residential furnaces and boilers. As such, a standard that 
establishes both a performance standard and a design requirement is 
beyond the scope of the Department's legal authority. In the case of 
gas-fired water boilers, the agreement recommends two design 
requirements which is contrary to EPCA's limit of one design 
requirement for the specified covered products.
    The Department's staff met with representatives from GAMA and ACEEE 
on August 1, 2006, and August 7, 2006, respectively, to discuss the 
Department's legal position on the negotiated agreement. The Department 
regrets that this negotiated agreement does not meet the statutory 
criteria in EPCA and therefore cannot be accepted. The Department 
strongly encourages stakeholders to continue to work together to 
propose agreements to the Department in the future, understanding that 
the Department must comply with EPCA's statutory requirements.

III. General Discussion

A. General Issues

    The Department received comments on several general issues related 
to the furnace and boiler rulemaking. Those issues are related to the 
impact of the standards on future natural gas prices, furnace 
electricity consumption, separate standards for equipment in new homes 
and replacements, and separate standards for different regions.
1. Impact of Furnace and Boiler Standards on Future Natural Gas Prices
    The Natural Resources Defense Council (NRDC), American Chemistry 
Council (ACC), ACEEE, and Dow Chemical Company commented that more 
stringent furnace and boiler standards may result in lower natural gas 
prices in the future, and that DOE should account for the associated 
benefit for all gas consumers. (NRDC, No. 52 at p. 2; ACC, No. 62 at p. 
3; ACEEE, No. 84 at p. 9; and Joint Comment by NRDC and Dow, No. 64 at 
p. 3) The impact of appliance standards on energy prices has not 
historically been a part of DOE's analysis. Estimating such impacts 
would require new analytical methods. The Department evaluated a recent 
study that includes consideration of the impacts of furnace and boiler 
standards on natural gas prices.\4\ While this study finds that 
standards could result in a small decrease in natural gas prices, the 
Department's review of the study reveals that there is no conclusive 
evidence that furnace and boiler standards will affect overall natural 
gas prices. If the stakeholders' assertion is correct, then consumer 
gas prices will decrease, in turn decreasing the income of gas 
utilities--resulting in a transfer of benefits from the natural gas 
producers to the consumers. However, on a societal level, there is no 
clear evidence that there will be any impact on natural gas prices 
resulting from the furnace and boiler standards. Furthermore, DOE 
believes it is currently impossible, within the framework of a 
standards rulemaking, to estimate the possible impact of energy 
conservation standards on utility prices. Therefore, the Department did 
not consider these impacts in the current rulemaking.
---------------------------------------------------------------------------

    \4\ Wiser, R., M. Bolinger, M. St. Clair. Easing the Natural Gas 
Crisis: Reducing Natural Gas Prices through Increased Deployment of 
Renewable Energy and Energy Efficiency. LBNL. January 2005. (http://eetd.lbl.gov/EA/EMP/reports/56756.pdf
).

---------------------------------------------------------------------------

2. Inclusion of Electricity Consumption in Furnace and Boiler Standards
    The Department received a number of comments regarding the 
inclusion of furnace and boiler electricity consumption in amended 
standards for furnaces and boilers. The Department was recently given 
authority to regulate the electricity consumed by furnaces for the 
purposes of circulating air by the Energy Policy Act of 2005, Pub. L. 
104-58 (EPACT 2005). EPACT 2005, section 135(c), amended section 325 of 
EPCA (42 U.S.C. 6295(f)(3)) to include the following: ``[T]he Secretary 
may consider and prescribe energy conservation standards or energy use 
standards for electricity used for purposes of circulating air through 
duct work.'' However, at the November 15, 2005, public meeting to 
discuss DOE's appliance-standards-program schedule-setting, the 
Department received comments from GAMA and the

[[Page 59209]]

Appliance Standards Awareness Project (ASAP) urging the Department to 
complete the AFUE standard rulemaking as soon as possible. Furthermore, 
GAMA and ASAP expressed their preference that DOE address furnace 
blower electricity consumption separately from the AFUE standard 
rulemaking. Since adding electricity consumption standards to this 
rulemaking would likely cause further substantial delay in the 
rulemaking process, the Department accepts the recommendations from 
GAMA and ASAP and has decided not to address furnace electricity 
consumption in this rulemaking. It will consider furnace electricity 
consumption separately to enable it complete the furnace and boiler 
AFUE rulemaking as expeditiously as possible.
3. Separate Standards for Equipment Installed in New Homes and as 
Replacements
    ACEEE suggested that DOE consider separate standards for new 
construction and retrofits. (ACEEE, No. 53 at p. 5) EPCA directs the 
Department to establish performance standards that prescribe minimum 
levels of energy efficiency or maximum levels of energy use for covered 
products. The Act does not authorize DOE to set multiple levels of 
efficiency for a given covered product, depending on where the product 
is installed--either in terms of a given region of the country or in 
terms of home type, i.e., new or existing. (42 U.S.C. 6291(6)(A)) The 
Department believes it does not have the authority to set separate 
standards for furnaces and boilers for new homes and for existing homes 
and, therefore, rejects the suggestion that it consider separate 
standards for new construction and retrofits.
4. Separate Standards for Different Regions
    The Department received numerous comments regarding the setting of 
separate furnace and boiler standards for different regions of the 
country. Some of the commentators expressed reasons why separate 
standards would be beneficial or asked if DOE had the authority to set 
regional standards. (Ohio Consumers' Counsel (OCC), No. 70 at p. 5; 
Individuals, No. 73 at p. 1; Baltimore Gas and Electricity (BGE), No. 
75 at p. 1; National Association of Regulatory Utility Commissioners 
(NARUC), No. 77 at p. 5; ACEEE, No. 59.8 at pp. 36 \5\ and 165; 
Individual, No. 87 at p. 1; Northeast Energy Efficiency Partnerships 
(NEEP), No. 55 at pp. 2 and 3; NRDC, No. 59.8 at pp. 29 and 33, and No. 
63 at p. 9; Oregon Department of Energy (ODOE), No. 61 at p. 2; 
National Consumer Law Center (NCLC), No. 66 at pp. 7 and 8; New Jersey 
Board of Public Utilities (NJBPU), No. 83 at p. 1; Izaak Walton League 
of America (IWL), No. 88 at p. 1; Southern, No. 71 at p. 21 and No. 
59.8 at p. 219; Trane, No. 59.8 at p. 207; GAMA, No. 59.8 at pp. 206 
and 217; York, No. 65 at p. 2; Edison Electric Institute (EEI), No. 69 
at p. 2; Manufactured Housing Institute (MHI), No. 89 at p. 2; National 
Propane Gas Association (NPGA), No. 72 at p. 2; AGA, No. 59.8 at p. 40; 
Alliance to Save Energy (ASE), No. 80 at p. 2; North American 
Insulation Manufacturers Association (NAIMA), No. 60 at p. 1; and 
Lennox, No. 79 at p. 3)
---------------------------------------------------------------------------

    \5\ A notation in the form ``ACEEE, No. 59.8 at p. 36,'' 
identifies a comment in the transcript of the Public Meeting on 
Standards for Furnaces and Boilers held in Washington, DC, 9/29/
2004, which is document number 59.8 in the docket of this 
rulemaking. This particular notation refers to a comment (1) by the 
American Council for an Energy-Efficient Economy (ACEEE), (2) in the 
document number 59.8 in the docket of this rulemaking (maintained in 
the Resource Room of the Building Technologies Program), and (3) 
appearing on page 36 of document number 59.8.
---------------------------------------------------------------------------

    As discussed in the 2004 ANOPR, the Department has determined that 
EPCA does not authorize DOE to set regional energy conservation 
standards; instead, the Department can only establish national 
standards. 69 FR 45419. None of the comments received in response to 
the 2004 ANOPR provided a basis for changing that determination.
    However, the Department notes that EPCA allows states to seek from 
the Department a waiver of Federal preemption of state or local energy 
conservation standards. Section 327(d) of EPCA, ``Waiver of Federal 
Preemption,'' states that, ``Any State * * * with a State regulation 
which provides for any energy conservation standard * * * for any type 
* * * of covered product for which there is a Federal energy 
conservation standard * * * may file a petition with the Secretary 
requesting a rule that such State regulation become effective with 
respect to such covered product.'' (42 U.S.C. 6297(d)(1)(A)) Within a 
maximum of one year, DOE must act on any such petition. (42 U.S.C. 
6297(d)(2))
    The Department must prescribe a rule granting a waiver from Federal 
preemption if, subject to the condition specified in section 327(d), 
the State establishes by a preponderance of the evidence that its 
regulation is needed to meet ``unusual and compelling State or local 
energy * * * interests.'' (42 U.S.C. 6297(d)(1)(B)) The statute states 
that the phrase ``unusual and compelling State or local energy * * * 
interests'' means interests which:

    (i) Are substantially different in nature or magnitude than 
those prevailing in the United States generally; and (ii) are such 
that the costs, benefits, burdens, and reliability of energy * * * 
savings resulting from the State regulation make such regulation 
preferable or necessary when measured against the costs, benefits, 
burdens, and reliability of alternative approaches to energy * * * 
savings or production, including reliance on reasonably predictable 
market-induced improvements in efficiency of all products subject to 
the State regulation.
    The factors described in clause (ii) shall be evaluated within 
the context of the State's energy plan and forecast, and, with 
respect to a State regulation for which a petition has been 
submitted to the Secretary * * * [42 U.S.C. 6297(d)(1)(c)]

    In evaluating the evidence that a State regulation is needed to 
meet unusual and compelling State energy interests, the Department will 
consider the factors described in 42 U.S.C. 6297(d)(1)(C)(i) and (ii). 
It appears to the Department that in the context of residential 
furnaces and boilers, where regional climatic effects can have 
significant impact on whether a specified energy conservation standard 
would be technologically feasible and economically justified in that 
region, such regional climatic effects will be important in DOE's 
assessment of whether there are ``unusual and compelling State or local 
energy interests'' for State energy conservation standards. States 
having higher-than-average, population-weighted heating degree days 
(HDDs) based on long-term National Oceanic and Atmospheric 
Administration data \6\ would seem to have the best prospects for 
demonstrating ``unusual and compelling'' interests to support a waiver 
of preemption in the particular circumstances presented here.\7\ (In 
conducting its analysis, the Department used average heating degree 
days within a State to divide States into groups for purposes of 
assessing standards.) States with significantly higher heating 
requirements have significantly higher furnace use. This may indicate 
that, for

[[Page 59210]]

those States, a State energy conservation standard which is higher than 
the Federal standard would be cost-effective and would provide 
significantly more energy savings than the Federal standard. If those 
States, particularly the ones most severely affected, adopted standards 
higher than DOE's proposed standards, and sought waivers, it could 
result in certain contiguous States with higher requirements, which 
would lessen the impact on manufacturers.
---------------------------------------------------------------------------

    \6\ State, Regional, And National Monthly Heating Degree Days 
Weighted By Population (2000 Census), 1971--2000 (and previous 
normal periods). Historical Climatography Series No. 5-1. National 
Environmental Satellite, Data, and Information Service, National 
Oceanic and Atmospheric Administration. Available at: http://www5.ncdc.noaa.gov/climatenormals/hcs/HCS_51.pdf
.

    \7\ Nationwide, the U.S. averages 5528 HDDs. The following 
States average 6000 or more HDDs: Alaska, Colorado, Connecticut, 
Idaho, Illinois, Iowa, Maine, Massachusetts, Michigan, Minnesota, 
Montana, Nebraska, New Hampshire, New York, North Dakota, South 
Dakota, Utah, Vermont, Wisconsin, and Wyoming.
---------------------------------------------------------------------------

    Another way to address the benefits and costs of proposed State 
regulations with higher energy conservation standards would be for a 
State in its application for a waiver of preemption to identify the 
saturation of homes with products that already meet those higher 
standards. For example, a State could provide evidence that a 
significant percentage of gas furnaces sold today in that State already 
meets, for example, a 90-percent-AFUE condensing standard.
    A State applying to DOE for a preemption waiver also could identify 
any subsidies and/or incentives, such as tax rebates or purchase price 
rebates, that the State or other entities are offering. To the extent 
States demonstrate that these programs have not worked, they may be 
able to show that ``the costs, benefits, burdens, and reliability'' of 
energy savings from mandatory State energy conservation regulations 
make such regulations preferable to their voluntary programs.
    EPCA section 327(d)(3) further provides that DOE may not grant a 
waiver if interested persons establish by a preponderance of the 
evidence that the State regulation would significantly burden 
manufacturing, marketing, distribution, sale, or servicing of the 
covered product on a national basis. (42 U.S.C. 6297(d)(3)) In 
determining whether the State regulation meets this criterion, the 
Department must consider the extent to which the State regulation 
addresses several factors.
    The first factor is ``the extent to which the State regulation will 
increase manufacturing or distribution costs of manufacturers, 
distributors, and others * * *.'' (42 U.S.C. 6297(d)(3)(A)) In 
addressing this factor, a State seeking a waiver of federal preemption 
likely would want to address the extent to which manufacturers already 
produce and sell products that would meet the State's proposed 
standard. This description also could include information describing 
how efficiencies of shipments to that State already vary from current 
DOE efficiency levels.
    The second factor is ``the extent to which the State regulation 
will disadvantage smaller manufacturers, distributors, or dealers or 
lessen competition in the sale of the covered product in the State * * 
*.'' (42 U.S.C. 6297(d)(3)(B)) Similar to the prior factor, in 
addressing this factor, a State seeking a waiver of federal preemption 
might wish to provide evidence with its petition that demonstrates that 
there are no, or just insignificant, differences between small and 
large manufacturers with respect to producing and selling furnaces in 
that State. A State also could offer other evidence as to why its 
regulation would not disadvantage these entities or lessen competition, 
based on the particular circumstances in that State. For example, a 
State could seek to demonstrate that the differences (or lack of 
differences) between small and large manufacturers, with respect to 
producing and selling furnaces in that State, indicate that the 
regulation would not disadvantage the smaller manufacturers.
    The third factor is ``the extent to which the State regulation 
would cause a burden to manufacturers to redesign and produce the 
covered product type * * *, taking into consideration the extent to 
which the regulation would result in a reduction (i) in the current 
models, or in the projected availability of models, that could be 
shipped on the effective date of the regulation to the State and within 
the United States; or (ii) in the current or projected sales volume of 
the covered product type * * * in the State and the United States * * 
*.'' (42 U.S.C. 6297(d)(3)(c)) In addressing this factor, a State 
seeking a waiver of federal preemption might seek to demonstrate that 
high-efficiency heating equipment, such as condensing furnaces, already 
have achieved significant market shares in that State. In some 
relatively cold States with significant heating requirements, sales of 
condensing furnaces are reported to be on the order of 50 percent. A 
State also might wish to submit other information that addresses why it 
believes its regulation would not affect sales volumes or the number of 
models available (except for elimination of lower efficiency models).
    The fourth factor is ``the extent to which the State regulation is 
likely to contribute significantly to a proliferation of State 
appliance efficiency requirements and the cumulative impact such 
requirements would have.'' (42 U.S.C. 6297(d)(3)(D)) In addressing this 
factor, a State seeking a waiver from DOE may wish to seek to 
demonstrate, for example, the extent to which it has chosen identical 
standard levels as other States that have developed proposed 
regulations or States that have regulations already in place.
    An additional factor DOE must consider is the extent to which ``the 
State regulation is likely to result in the unavailability in the State 
of any covered product type * * * of performance characteristics 
(including reliability), features, sizes, capacities, and volumes that 
are substantially the same as those generally available in the State * 
* *.'' (42 U.S.C. 6297(d)(4)) A State seeking preemption waiver may 
wish to explain in its petition or accompanying documents why it 
believes its regulation would not affect the characteristics and 
features (other than efficiency) of the furnaces that would be offered 
for sale in that State. It might seek to demonstrate, for example, that 
among products currently offered for sale in that or other States, high 
efficiency furnaces already have all of the characteristics and 
features available in less efficient furnaces sold in that State.
    The Department recognizes that States have set, or are considering, 
standards for furnaces and that some may wish to seek a determination 
from DOE that their standards are needed to meet ``unusual and 
compelling State or local energy interests.'' The Department encourages 
States to coordinate among themselves the submission of any waiver 
petitions they may wish to file. The Department will consider an 
aggregate petition from multiple States as long as the petition 
individually addresses the statutory criteria for each of the States. 
The Department believes the approach taken in evaluating the regional 
impacts of standards in its analysis represents a reasonable approach 
for estimating the national impacts of having a Federal standard and 
one or more higher State energy conservation standards for furnaces and 
boilers. All petitions for waivers also must comply with requirements 
as described in 10 CFR Part 430.41(a)(1).

B. Test Procedures

    Section 7(b) of the Process Rule provides that the Department will 
propose necessary modifications to the test procedures for a product 
before issuing the proposed rule concerning energy conservation 
standards for that product. For furnaces and boilers, the Department 
believes modifications are not currently necessary, so it has not 
proposed to modify the existing test procedure.

C. Technological Feasibility

1. General
    The Department considers a design option to be technologically 
feasible if it is in use by the respective industry or

[[Page 59211]]

if research has progressed to the development of a working prototype. 
The Process Rule sets forth a definition of technological feasibility 
as follows: ``Technologies incorporated in commercial products or in 
working prototypes will be considered technologically feasible.'' 10 
CFR part 430, Subpart C, Appendix A, section 4(a)(4)(i).
    In each standards rulemaking, the Department conducts a screening 
analysis, which it bases on information gathered regarding existing 
technology options and prototype designs. In consultation with 
manufacturers, design engineers, and other stakeholders, the Department 
develops a list of design options for consideration in the rulemaking. 
Once the Department has determined that a particular design option is 
technologically feasible, it further evaluates each design option in 
light of the other three criteria in the Process Rule. 10 CFR part 430, 
Subpart C, Appendix A, section 4(a)(3) and (4). The three additional 
criteria are: (a) Practicability to manufacture, install, and service, 
(b) adverse impacts on product utility or availability, or (c) health 
or safety concerns that cannot be resolved. All design options that 
pass these screening criteria are candidates for further assessment.
    As discussed in the 2004 ANOPR, the Department is not considering 
the following design options because they do not meet one or more of 
the screening criteria: self-generation of electric power, fuel-driven 
heat pumps, flue-gas recirculation, and smart valves. 69 FR 45387. In 
this notice, DOE has not changed the list of technology options that it 
screened out of the analysis. (See the Technical Support Document (TSD) 
accompanying this notice, Chapter 4.)
    Lennox, Carrier, Trane, York, NPGA, Alagasco, and MHI commented 
that the maximum efficiency level considered for non-condensing, non-
weatherized gas furnaces should be 80-percent AFUE. They contended 
that, at 81-percent AFUE, there would be a significant increase of risk 
to the consumer because of an increased potential for vent-system 
failure. These comments cited concerns regarding corrosion in vents 
from condensation, and noted that conditions under which consumers use 
the product are much more severe than lab conditions. (Lennox, Public 
Meeting Transcript, No. 59.8 at p. 27 and No. 79 at p. 1; Carrier, 
Public Meeting Transcript, No. 59.8 at p. 188 and No. 68 at p. 1; 
Trane, Public Meeting Transcript, No. 59.8 at p. 227; York, No. 65 at 
p. 7; NPGA, No. 72 at p. 3; Alagasco, No. 82 at p. 2; and MHI, No. 89 
at p. 4) NAIMA, OCC, and NJBPU disagreed with limiting consideration to 
an 80-percent-AFUE level. (NAIMA, No. 60 at p. 1; OCC, No. 70 at p. 5; 
and NJBPU, No. 83 at p. 2) The Department has reviewed the manufacturer 
literature and found that products at 81-percent AFUE are available for 
sale. It believes the fact that such products are being offered for 
sale demonstrates that they are practicable to manufacture, install, 
and service and cannot be excluded from consideration in this 
rulemaking.
    The Department recognizes that this AFUE level of 81 percent may 
pose health or safety concerns in certain conditions, but it believes 
that the concerns can likely be resolved with proper equipment and 
venting system design, as discussed in section IV.B.3. Therefore, DOE 
considered 81-percent AFUE in its analysis for non-weatherized gas 
furnaces, and took into account the stakeholders' concerns.
    The 2004 ANOPR analysis included non-weatherized gas furnaces at 82 
and 83-percent AFUE. However, because it is well understood that 
significant vent system corrosion problems, which can lead to potential 
safety issues, may exist at these efficiency levels for non-weatherized 
gas furnaces, the Department does not believe these products can be 
mass-produced and be reliable to install and service on the scale 
necessary to serve the relevant market by the effective date of the 
proposed standard. Therefore, DOE did not consider non-weatherized gas 
furnaces at 82 and 83-percent AFUE in the analysis for today's proposed 
rule.
    The evaluated technologies all have been used (or are being used) 
in commercially available products or working prototypes. The designs 
all incorporate materials and components that are commercially 
available in today's furnace and boiler supply market. The Department 
believes all of the efficiency levels evaluated in this notice are 
technologically feasible.
2. Maximum Technologically Feasible Levels
    In developing today's proposed rule, the Department followed the 
provisions of section 325(p)(2) of the Act, which states that, when the 
Department proposes to adopt, or to decline to adopt, an amended or new 
standard for each type (or class) of covered product, ``the Secretary 
shall determine the maximum improvement in energy efficiency or maximum 
reduction in energy use that is technologically feasible * * * .'' The 
Department determined the maximum technologically feasible (``max 
tech'') efficiency level in the engineering analysis using the most 
efficient design parameters that lead to the creation of the highest 
equipment efficiencies achievable. (See TSD Chapter 6.) Table III.1 
lists the max tech levels that the Department determined for this 
rulemaking.

     Table III.1.--Max Tech Levels Considered in Furnace and Boiler
                               Rulemaking
------------------------------------------------------------------------
                        Product class                           AFUE (%)
------------------------------------------------------------------------
Non-weatherized gas furnaces.................................         96
Weatherized gas furnaces.....................................         83
Mobile home gas furnaces.....................................         90
Oil-fired furnaces...........................................         85
Gas boilers..................................................         99
Oil-fired boilers............................................         95
------------------------------------------------------------------------

    For all product classes, products with these efficiency levels 
already are being sold in small quantities. (There is one weatherized 
gas furnace listed in the GAMA directory at 82.8-percent AFUE.) No 
production models or prototypes of equipment at higher efficiency 
levels are currently available. For weatherized gas furnaces, the 
Department recognizes that the 83-percent-AFUE level may pose health or 
safety concerns in certain installations. DOE believes these concerns 
can be resolved with proper equipment and system design and proper 
installation.

D. Energy Savings

1. Determination of Savings
    The Department used its national energy savings (NES) spreadsheet 
to estimate energy savings from amended standards for furnaces and 
boilers. (The NES Spreadsheet Model is described in section IV.D of 
this notice.) The Department forecasted energy savings over the period 
of analysis (beginning with 2015, the year that amended standards would 
go into effect, and ending in 2038) for each trial standard level, 
relative to the base case. It quantified the energy savings 
attributable to amended energy conservation standards as the difference 
in energy consumption between the standards case and the base case. The 
base case represents the forecast of energy consumption in the absence 
of amended energy conservation standards. The base case considers 
market demand for more-efficient products; for example, in the case of 
non-weatherized gas furnaces, the base case forecasts an increase in 
the market share of condensing furnaces by 2015.
    The NES Spreadsheet Model calculates the electricity savings in 
``site energy'' expressed in kilowatt-hours

[[Page 59212]]

(kWh). Site energy is the energy directly consumed on location by the 
furnace or boiler. The Department reports national energy savings in 
terms of the source energy savings, which is the savings of the energy 
that is used to generate and transmit the energy consumed at the site. 
(See TSD, Chapter 10.) The Department derived these conversion factors, 
which change with time, from the EIA's AEO2005.\8\
---------------------------------------------------------------------------

    \8\ The Department conducted an energy price sensitivity 
analysis using EIA's AEO2006. Section IV.C.4 provides further 
explanation and details of the energy price sensitivity analysis.
---------------------------------------------------------------------------

    AGA commented that DOE should consider the ``rebound effect'' that 
may occur as a result of more intensive use of a more energy-efficient 
appliance, leading to higher energy consumption. (AGA, No. 54 at p. 3) 
ACEEE stated that the rebound effect has often been hypothesized, but 
actual field experience indicates that there is rarely a rebound effect 
resulting from use of more-efficient appliances. (ACEEE, No. 84 at p. 
13)
    The Department examined a summary of the literature regarding the 
rebound effect in relation to space heating equipment.\9\ Based on five 
studies chosen for their robust methodology, the summary concluded 
that, for a 100 percent increase in fuel efficiency, values of ``take-
back'' or rebound for space heating are between 10 and 30 percent of 
the energy consumption savings. The National Energy Modeling System 
(NEMS), which is used for developing EIA's AEO, incorporates a rebound 
effect for space heating. According to an EIA report,\10\ the rebound 
effect for the residential module in NEMS results in a 0.15 percent 
increase in energy consumption for a 1 percent increase in efficiency. 
In keeping with EIA's approach, the Department chose to apply a rebound 
effect of 15 percent (for a 100 percent increase in efficiency) in its 
analysis of furnace and boiler standards. That is, DOE reduced the 
calculated energy savings and associated emissions reductions by 15 
percent.
---------------------------------------------------------------------------

    \9\ Greening, L.A., D.L. Greene, and C. Difiglio. Energy 
efficiency and consumption--the rebound effect--a survey. Energy 
Policy. 2000. 28: pp. 389-401.
    \10\ EIA, Price Responsiveness in the AEO2003 NEMS Residential 
and Commercial Buildings Sector Models (p. 3).
---------------------------------------------------------------------------

    The take-back in energy consumption associated with the rebound 
effect provides consumers with increased value (e.g., a warmer indoor 
environment, since the increased efficiency enables consumers to use 
their heating equipment more intensively). The impact on consumers is 
thus the sum of the change in the cost of owning the heating equipment 
(i.e., life-cycle cost) and the increased value for the warmer indoor 
environment. However, the Department is unable to monetize this 
increase in consumer value in the LCC analysis. The Department believes 
that, if it were able to monetize the increased value to consumers 
added by the rebound effect, this value would be at least as great as 
the value of the foregone energy savings. For this analysis, the 
Department estimates that this value is equivalent to the monetary 
value of the energy savings that would have occurred without the 
rebound effect. Therefore, the economic impacts on consumers with or 
without the rebound effect, as measured in the LCC and NPV analyses, 
are the same.
2. Significance of Savings
    Section 325 of the Act prohibits the Department from adopting a 
standard for a product if that standard would not result in 
``significant'' energy savings. (42 U.S.C. 6295(o)(3)(B)) While the Act 
does not define the term ``significant,'' the U.S. Court of Appeals, in 
Natural Resources Defense Council v. Herrington, 768 F.2d 1355, 1373 
(D.C. Cir. 1985), indicated that Congress intended ``significant'' 
energy savings in this context to be savings that were not ``genuinely 
trivial.'' The energy savings for energy conservation standards at each 
of the trial standard levels considered in this rulemaking are 
nontrivial, and therefore the Department considers them ``significant'' 
within the meaning of section 325 of the Act.

E. Economic Justification

1. Specific Criteria
    As noted earlier, EPCA provides seven factors to be evaluated in 
determining whether an energy conservation standard is economically 
justified. (42 U.S.C. 6295(o)(2)(B)) The following sections discuss how 
the Department has addressed each of those seven factors in this 
rulemaking.
    a. Economic Impact on Manufacturers and Consumers. The Process Rule 
established procedures, interpretations, and policies to guide the 
Department in the consideration of new or revised appliance energy 
conservation standards. The provisions of the rule have direct bearing 
on the implementation of the manufacturer impact analysis (MIA). First, 
as provided in Section 10 of the Process Rule (Principles for the 
Analysis of Impacts on Manufacturers), the Department uses an annual-
cash-flow approach in determining the quantitative impacts of a new or 
amended standard on manufacturers. This includes both a short-term 
assessment, based on the cost and capital requirements during the 
period between the announcement of a regulation and the time when the 
regulation becomes effective, and a long-term assessment. The impacts 
analyzed include INPV, cash flows by year, changes in revenue and 
income, and other measures of impact, as appropriate. Second, the 
Department analyzes and reports the impacts on different types of 
manufacturers, with particular attention to impacts on small 
manufacturers. Third, the Department considers the impact of standards 
on domestic manufacturer employment, manufacturing capacity, plant 
closures, and loss of capital investment. Finally, the Department takes 
into account cumulative impacts of different DOE regulations on 
manufacturers.
    For consumers, measures of economic impact include the changes in 
LCC and payback period for each trial standard level. As the Act sets 
forth, the LCC is one of the seven factors to be considered in 
determining economic justification. (42 U.S.C. 6295(o)(2)(B)(i)(II)) It 
is discussed in detail in the section below.
    ODOE commented that the simple payback period is not a useful 
metric, since it fails to take into account the rising costs of fuel. 
(ODOE, No. 61 at p. 10) The Department uses simple-payback-period 
results as one of the factors in evaluating the economic impacts of 
standards on consumers, but it relies more heavily on the impacts on 
LCC to take into account the changing cost of fuel.
    b. Life-Cycle Costs. The LCC is the sum of the purchase price of 
equipment, including the installation, and the operating expense, 
including energy and maintenance expenditures, discounted over the 
lifetime of the equipment. Where possible in estimating the energy 
costs in the LCC calculation, DOE uses consumer marginal energy rates, 
which are the energy rates that correspond to incremental changes in 
energy use.
    For each furnace and boiler product class, the Department 
calculated both LCC and LCC savings for various efficiency levels. The 
LCC analysis estimated the LCC for representative equipment in housing 
units that are representative of the segment of the U.S. housing stock 
that uses furnaces and boilers. To account for uncertainty and 
variability in specific inputs, such as equipment lifetime and discount 
rate, it used a distribution of values with probabilities attached to 
each value. For each housing unit, DOE sampled the values of these 
inputs from the probability distributions. As a result, the

[[Page 59213]]

analysis produced a range of LCCs. A distinct advantage of this 
approach is that DOE can identify the percentage of consumers achieving 
LCC savings or attaining certain payback values due to an increased 
energy conservation standard, in addition to the average LCC savings or 
average payback for that standard. The Department gives the LCC savings 
as a distribution, with a mean value and a range. The Department 
assumed in its analysis that the consumer purchases the furnace or 
boiler in 2015.
    c. Energy Savings. While significant conservation of energy is a 
separate statutory requirement for imposing an energy conservation 
standard, the Act 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)) The Department used the NES Spreadsheet 
results in its consideration of total projected 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, the Department aimed to develop standards 
for residential furnaces and boilers which would not lessen the utility 
or performance of the products under consideration in this rulemaking. 
(42 U.S.C. 6295(o)(2)(B)(i)(IV)) None of the considered trial standard 
levels would reduce the utility or performance of furnaces and boilers. 
The efficiency levels considered in this rulemaking do not involve 
changes in equipment design or unusual installation requirements that 
could reduce the utility or performance of furnaces and boilers.
    e. Impact of Any Lessening of Competition. The Act directs the 
Department to consider any lessening of competition that is likely to 
result from standards. It 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, 
not later than 60 days after the publication of a proposed rule, 
together with an analysis of the nature and extent of such impact. (42 
U.S.C. 6295(o)(2)(B)(i)(V) and (B)(ii)) The Department has transmitted 
a copy of today's proposed rule to the Attorney General and has 
requested that the Department of Justice (DOJ) provide its 
determination on this issue.
    f. Need of the Nation To Conserve Energy. The non-monetary benefits 
of the proposed standard are likely to be reflected in improvements to 
the security and reliability of the Nation's energy system--namely, 
reductions in the overall demand for energy will result in reduced 
costs for maintaining reliability of the Nation's electricity system. 
The Department conducts a utility impact analysis to estimate how 
standards may impact the Nation's needed power generation capacity. 
This analysis captures the effects of efficiency improvements on 
furnace electricity consumption, as well as impacts associated with the 
market shift from natural gas heating to electric heating that DOE 
estimates will occur at higher gas-furnace efficiency levels. This 
market shift more than offsets the electricity savings from more 
efficient furnace designs, resulting in an increase in projected 
generating capacity for the higher trial standard levels.
    The Department has determined that the energy conservation 
standards proposed today would result in reductions in greenhouse gas 
emissions. The Department quantified a range of primary energy 
conversion factors and estimated the emissions reductions associated 
with the generation displaced by the energy conservation standards. The 
Department reports the environmental effects of amended energy 
conservation standards at each trial standard level for this equipment 
in the TSD environmental assessment.
    g. Other Factors. The Act allows the Secretary of Energy, in 
determining whether a standard is economically justified, to consider 
any other factors the Secretary deems to be relevant. (42 U.S.C. 6295 
(o)(2) (B)(i)(VII)) Under this provision, the Department considered the 
potential for furnace and boiler standards to pose public health risks 
due to carbon monoxide release into the home as a result of venting 
system failure.
2. Rebuttable Presumption
    As set forth in section 325(o)(2)(B)(iii) of EPCA, 42 U.S.C. 
6295(o)(2)(B)(iii), there is a rebuttable presumption that an energy 
conservation standard is economically justified if the increased 
installed cost for a product that meets the standard is less than three 
times the value of the first-year energy savings resulting from the 
standard. However, although the Department examined the rebuttable-
presumption criteria, it determined economic justification for the 
proposed standard levels through a more detailed analysis of the 
economic impacts of increased efficiency as described above, pursuant 
to section 325(o)(2)(B)(i) of EPCA. (42 U.S.C. 6295(o)(2)(B)(i)) The 
rebuttable presumption payback calculation is discussed in section 
IV.B.5 of this notice.

IV. Methodology and Discussion of Comments

    The Department used spreadsheet models to meet certain objectives 
of the Process Rule for this rulemaking. It used the Engineering 
Spreadsheet to develop the relationship between cost and efficiency for 
furnaces and boilers and to calculate the simple payback for the 
purposes of satisfying the rebuttable payback requirements. The LCC 
Spreadsheet calculates the consumer benefits and payback periods for 
amended energy conservation standards. The National Impact Analysis 
Spreadsheet provides shipments forecasts and then calculates NES and 
NPV impacts of potential amended energy conservation standards. The 
Department also assessed manufacturer impacts, largely through the use 
of the Government Regulatory Impact Model (GRIM).
    Additionally, DOE estimated the impacts of residential furnace and 
boiler energy conservation standards on utilities and the environment. 
The Department used a version of EIA's NEMS for the utility and 
environmental analyses. The NEMS model simulates the energy economy of 
the U.S. and has been developed over several years by the EIA primarily 
for the purpose of preparing the AEO. The NEMS produces forecasts for 
the U.S. that are available in the public domain. The version of NEMS 
used for appliance standards analysis is called NEMS-BT, and is 
primarily based on the AEO2005 version with minor modifications.\11\ 
The NEMS offers a sophisticated picture of the effect of standards, 
since it accounts for the interactions between the various energy 
supply and demand sectors and the economy as a whole.
---------------------------------------------------------------------------

    \11\ The EIA approves the use of the name NEMS to describe only 
an AEO version of the model without any modification to code or 
data. Because the present analysis entails some minor code 
modifications and runs the model under various policy scenarios that 
deviate from AEO assumptions, the name NEMS-BT refers to the model 
as used here. For more information on NEMS, refer to The National 
Energy Modeling System: An Overview. DOE/EIA-0581 (98), February, 
1998. BT is DOE's Building Technologies Program. NEMS-BT was 
formerly called NEMS-BRS.
---------------------------------------------------------------------------

    The Department invites comments on the validity of the analytical 
methods used in this rulemaking and the appropriateness of the 
interpretation and use of the results of the analysis.

A. Product Classes

    For this rulemaking, the Department initially considered the 
product classes

[[Page 59214]]

discussed in the 1993 ANOPR. In 1987, the Act set the initial Federal 
energy conservation standard, which covered furnaces, boilers, mobile 
home furnaces, and ``small'' furnaces. In the 1993 ANOPR, the 
Department expanded the product classes to differentiate fuel type, 
heat transfer medium (i.e., hot water or steam for boilers), and 
outdoor and indoor installation suitability (i.e., weatherized or non-
weatherized). Table IV.1 lists the product classes DOE initially 
considered in this rulemaking.

Table IV.1.--Product Classes Considered in Furnace and Boiler Rulemaking
------------------------------------------------------------------------
                Product                          Characteristics
------------------------------------------------------------------------
Gas furnaces...........................  Non-weatherized and
                                          weatherized.
Oil-fired furnaces.....................  Non-weatherized and
                                          weatherized.
Mobile home furnaces...................  Gas and oil-fired.
Electric resistance furnaces...........  Electric.
Hot water boilers......................  Gas and oil-fired.
Steam boilers..........................  Gas and oil-fired.
------------------------------------------------------------------------

    Based on the market assessment and stakeholder comments, the 
Department grouped the product classes into three categories for the 
analysis for today's proposed rule. The first category consists of the 
most widely used product class, non-weatherized gas furnaces.
    The second category consists of those classes that have fewer 
shipments, but typically more than 100,000 per year: Weatherized gas 
furnaces, mobile home gas furnaces, non-weatherized oil-fired furnaces, 
hot-water gas boilers, and hot-water oil-fired boilers. The 
Department's analysis of these product classes was similar to its 
analysis of non-weatherized gas furnaces.
    The third category includes product classes for which DOE did not 
perform analyses and is not proposing an amendment to the current 
standards for these products. This category includes steam gas boilers 
and steam oil-fired boilers, which have annual shipments below 40,000 
units and show a declining trend of shipments. This category also 
includes weatherized oil-fired furnaces, mobile home oil-fired 
furnaces, and electric furnaces. Weatherized oil-fired furnaces and 
mobile home oil-fired furnaces have very low shipments and are 
represented by only a few models in the GAMA directory; promulgating a 
higher standard for these products would result in de minimis energy 
savings. Additionally, all of the GAMA-listed models for weatherized 
oil-fired furnaces and mobile home oil-fired furnaces exceed the 
current 78-percent-AFUE standard. Therefore, for these classes, DOE is 
not proposing an update of the existing standard. The Department did 
not consider electric furnaces since their efficiency approaches 100-
percent AFUE and improvements to them would also have de minimis 
energy-savings potential. Therefore, for electric furnaces, DOE is not 
proposing a standard.

B. Engineering Analysis

    The purpose of the engineering analysis is to characterize the 
relationship between efficiency and cost of furnaces and boilers. The 
Department used this efficiency/cost relationship as input to the 
payback period, LCC, and NES analyses.
    The engineering analysis develops data that can be used to 
establish the consumer price of more-efficient equipment. These data 
include manufacturing costs, markups, installation costs, and 
maintenance costs.
    To generate the manufacturing costs, the Department identified 
three basic methodologies: (1) The design-option approach, which 
provides the incremental costs of adding design options to a baseline 
model that will improve efficiency; (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 cost-assessment (or 
reverse-engineering) approach, which provides ``bottom-up'' 
manufacturing cost assessments for achieving various levels of 
increased efficiency, based on detailed data on costs for parts and 
material, labor, shipping/packaging, and investment for models that 
operate at particular efficiency levels.
    The Department began the manufacturing cost analysis by exploring 
how manufacturers would likely design products to perform at the 
various efficiency levels considered and to thoroughly understand the 
relationships between different equipment configurations and 
efficiency. The Department initially considered several design options 
that could meet each considered efficiency level. It selected the 
design option(s) it believed manufacturers would most likely implement 
to achieve a given considered energy efficiency level. To estimate the 
manufacturing costs of these design options, the Department relied 
primarily on the cost-assessment (or reverse-engineering) approach, but 
also used the design-option approach.
    To compare the total additional consumer cost of improved equipment 
efficiency, the Department defined a baseline design for each product 
class. The baseline model establishes the starting point for analyzing 
technologies that provide energy-efficiency improvement. Based on its 
market assessment and input provided by GAMA, the Department defined a 
baseline model as an appliance with an efficiency at the minimum level 
prescribed by EPCA (i.e., 78-percent AFUE for non-weatherized gas 
furnaces), and having commonly available features and technologies.
    The Department next determined markups, installation cost, and 
maintenance cost to complete the engineering analysis. It estimated 
markups using publicly available corporate and industry data and, for 
mobile home furnaces, data from MHI. To estimate installation costs, 
DOE created an Installation Model to assess venting costs, and verified 
it against known existing data. It estimated maintenance costs using 
publicly available industry data.
    Table IV.2 summarizes the approach and data DOE used to derive the 
inputs to the engineering analysis for the 2004 ANOPR analysis, and the 
changes made in the analysis for today's proposed rule. Discussion of 
the changes follows in the sections below.

[[Page 59215]]



     Table IV.2.--Approach and Data Used To Derive the Inputs to the
                          Engineering Analysis
------------------------------------------------------------------------
                                                        Proposed rule
            Input              2004 ANOPR analysis        analysis
------------------------------------------------------------------------
Equipment Cost..............  For the most widely   Added cost of drip
                               used efficiency       pan for condensing
                               levels, used a cost   units. Some units
                               model of              omit a combustion
                               manufacturing costs   air pipe. Updated
                               created by tear-      underlying metal
                               down analysis; for    and cost data to
                               the remaining         2004 via Consumer
                               levels, used design-  Price Index. Did
                               opinion analysis.     not consider design
                               Incorporated          options at 82-
                               industry feedback     percent and 83-
                               from GAMA and         percent AFUE for
                               individual            non-weatherized gas
                               manufacturers to      furnaces due to
                               generate              potential safety
                               manufacturing-cost-   hazards. Updated
                               versus-efficiency     manufacturing-cost-
                               curves.               versus-efficiency
                                                     curves.
Markups.....................  Derived markups from  No change.
                               an analysis of
                               corporate financial
                               data. Multiplied
                               manufacturing costs
                               by manufacturer,
                               distributor,
                               contractor, and
                               builder markups,
                               and sales tax, as
                               appropriate, to get
                               equipment price.
Installation Cost...........  Used a distribution   Same method; new
                               of weighted-average   assumption that all
                               installation costs    81-percent AFUE gas
                               from the              furnaces use double
                               Installation Model.   wall vents.
                               Installation
                               configuration are
                               weight-averaged by
                               frequency of
                               occurrence in the
                               field, and vary by
                               installation size.
                               The Installation
                               Model is based on a
                               commonly used cost-
                               estimation method
                               and is comparable
                               to available, known
                               data.
Maintenance Costs...........  Used Gas Research     Same sources, but
                               Institute data for    accounted for
                               gas furnaces and      higher maintenance
                               boilers, water        frequency for
                               heater rulemaking     modulating design
                               survey results for    option, and used
                               oil-fired             same costs for
                               equipment, and data   condensing and non-
                               from the 1993         condensing
                               rulemaking for        equipment.
                               mobile home
                               furnaces.
Annual Energy Use*..........  Calculated energy     No change.
                               use using the DOE
                               test procedure.**
Energy Prices*..............  AEO2003 forecast      AEO2005 forecast
                               prices for year       prices for
                               2012.                 effective date of
                                                     2015.
------------------------------------------------------------------------
* Inputs required to calculate rebuttable-presumption payback period.
  For more details on the rebuttable-presumption payback period, refer
  to section IV.B.5.
** The Department uses field-representative energy use values in the LCC
  and payback period analysis. Refer to section IV.C.3. for more
  details.

    The Department received comments concerning the efficiency levels 
it should consider in the engineering analysis.
    GAMA and Rheem expressed concern about producing an entire family 
of gas furnaces at 81-percent AFUE and suggested that, for some, and 
not all, furnace models within a given family, it is possible to design 
and produce units that can safely perform at the 81-percent level. They 
indicated that developing a complete family of furnaces, spanning the 
full range of capacities, in which all units could safely operate at 
81-percent AFUE, would be difficult due to confining design and 
manufacturing procedures. (GAMA, Public Meeting Transcript, No. 59.8 at 
p. 177; Rheem, Public Meeting Transcript, No. 59.8 at p. 179) In 
response to these comments, DOE conducted an analysis evaluating 
approaches necessary to manufacture a full line of product that can 
perform at 81-percent AFUE and the additional costs involved for 
producing such a family of furnaces.
    To perform this analysis, the Department identified an approach to 
manufacturing an entire furnace family at 81-percent AFUE without 
posing unacceptable safety and reliability risks. The Department 
identified two potential cases for producing an entire family of 81-
percent AFUE non-weatherized gas furnaces, and the additional per-unit 
cost associated with each case. The Department based the estimates for 
both cases on manufacturer-provided data, which an independent 
consultant reviewed. The first case, estimate case 1, includes SKU cost 
(Stock Keeping Unit and customization development cost), parts cost 
increases, and vent connector cost; case 2, in addition to the above 
costs, assumes that a heat exchanger redesign cost would be needed. The 
estimated additional per-unit cost for producing a family of furnaces 
that can achieve reliable, safe operation at 81-percent AFUE is $47.20 
for case 1 (the default case) and $88.70 for case 2.
    York asserted that DOE cannot set the proposed standard for mobile 
home furnaces above 80-percent AFUE, since section 325(o)(4) of EPCA, 
42 U.S.C. 6295(o)(4), provides that DOE may not prescribe an amended 
standard if ``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.'' York also stated that there are no 
non-condensing mobile home furnaces currently available on the market 
that exceed 80-percent AFUE. Additionally, York stated that their 
interpretation of this EPCA provision also applies to 90-percent AFUE 
units for mobile home furnaces. (York, No. 65 at p. 7)
    After considering the comments from York, DOE concluded that 
section 325(o)(4) of EPCA, 42 U.S.C. 6295(o)(4), does not require it to 
set a new or amended energy conservation standard either at an 
efficiency level currently available in the U.S., or at an efficiency 
level that would ensure all products meeting the standard would have 
all of the attributes of currently available products. The 
``performance characteristics'' and ``features'' referred to in section 
325(o)(4) of EPCA, 42 U.S.C. 6295(o)(4), do not include efficiency or 
energy-use levels. Rather, these terms refer to other types of product 
characteristics of concern to consumers, such as features affecting 
temperature control or user comfort. To

[[Page 59216]]

interpret section 325(o)(4) of EPCA, 42 U.S.C. 6295(o)(4), otherwise 
would bar DOE from ever prescribing higher minimum standard levels, 
because any such higher levels necessarily result in new energy-
efficiency-improving technologies incorporated into the product and the 
unavailability of products including less efficient technologies. This 
interpretation would be inconsistent with EPCA's other provisions and 
its purpose of improving product efficiencies. Thus, the lack of 
currently available, non-condensing, mobile home furnaces above 80-
percent AFUE does not mean that section 325(o)(4) of EPCA, 42 U.S.C. 
6295(o)(4), bars DOE from adopting a level higher than that as a 
minimum standard for this product class. Thus, DOE believes that 
section 325(o)(4) of EPCA, 42 U.S.C. 6295(o)(4), does not preclude DOE 
from considering efficiencies for mobile home furnaces above a given 
level, such as 80-percent AFUE. As discussed in section III.C.2 above, 
DOE identified 90-percent AFUE as the maximum technologically feasible 
level for mobile home furnaces. The Department analyzed efficiency 
levels that include 80-percent and 90-percent AFUE for mobile home 
furnaces and the results are presented in section V.C.
1. Manufacturing Costs
    The Department adjusted its engineering cost model based on cost 
data received from several individual manufacturers, and used the model 
to create new cost-efficiency curves for the industry. The Department 
then used these cost-efficiency curves as manufacturing cost inputs for 
the MIA. Details of the MIA are in Chapter 12 of the TSD.
    Lennox, York, and GAMA commented that the cost of materials in the 
2004 ANOPR TSD was outdated. (Lennox, Public Meeting Transcript, No. 
59.8 at p. 66; York, No. 65 at p. 3; and GAMA, No. 67 at p. 6) For the 
2004 ANOPR engineering analysis, reviewed by manufacturers, the 
Department used a five-year average of material prices from years 2000 
through 2004. In response to various comments, the Department reviewed 
material-cost data from the first quarter of 2005 and found prices 
higher than those in the reference scenario that it used in the 2004 
ANOPR analysis. Based on the more recent data, DOE updated the five-
year average prices used in the analysis for this notice and conducted 
a material price sensitivity analysis with two additional material-
price scenarios. The reference case uses a revised five-year average of 
material prices from years 2000 through 2004. The new prices of copper, 
aluminum, steel, and stainless steel reflect prices from the Bureau of 
Labor Statistics (BLS) Producer Price Indices (PPIs) spanning 2000-
2004. The Department used the PPIs for copper rolling, drawing, and 
extruding, and for steel mill products, and adjusted them to 2004$ 
using the gross-domestic-product implicit-price deflator.
    The Department created two scenarios for the material-price 
sensitivity analysis: a low-bound and a high-bound. It calculated the 
low-bound scenario by finding the lowest price per pound of M6 core 
steel between 2000 and 2004. The lowest price of M6 core steel on a 
per-pound basis occurred in 2002. Then, DOE applied a 15-percent 
reduction to each of the raw material costs in that same year. It used 
these prices to determine their effect on the cost-efficiency 
relationship. Likewise, DOE calculated the high-bound scenario using 
the average price for each of the raw materials from the first quarter 
of 2005, when prices of raw materials were uncharacteristically high. 
The Department evaluated the results of the material price sensitivity 
analysis, using all three material-cost scenarios, in the engineering 
analysis and then used them as inputs for the LCC analysis. The results 
for the material-price-sensitivity analysis are presented in Appendix Z 
of the TSD.
    GAMA stated that DOE's cost estimate for modulating furnaces is 
about 30 percent too low because of faulty assumptions regarding the 
cost of upgrading the controls. (GAMA, No. 67 at p. 2) The Department 
reviewed its cost estimate for modulating furnaces. Based on market 
data, it determined that the cost of the components for the evaluated 
design (two-stage modulation) is slightly higher than the cost used in 
the ANOPR analysis. Consequently, the Department implemented this small 
change in price for the NOPR analysis.
    Carrier stated that improving efficiency with modulation assumes 
maintaining constant excess air when switching from high fire to low 
fire. Carrier further stated that a brushless, direct-current (DC) 
draft inducer motor is required to maintain constant excess air, so DOE 
should include the cost of brushless, DC draft inducers in its 
analysis. (Carrier, Public Meeting Transcript, No. 59.8 at p. 181) To 
some extent, DOE did this in the analysis for the 2004 ANOPR. Current 
modulating furnaces have a two-stage motor for the draft inducer, and 
DOE included the cost of this motor in analyzing the cost of achieving 
that level of efficiency. The Department has revised its analysis for 
the proposed rule to account for the cost of the two-stage modulation 
design option components, including the cost of the draft inducer as 
advocated by Carrier, for all products that achieve higher efficiencies 
using modulation.
2. Markups
    Using the cost data, DOE developed estimates of the consumer price 
of furnaces and boilers. To estimate prices, DOE determined typical 
markups at each stage of the distribution chain, from the manufacturer 
to the consumer. In addition to estimating average markups, the 
Department characterized the markups with probability distributions 
through a statistical analysis of U.S. Census data and used these 
distributions in the LCC analysis. (See TSD, Chapter 5.)
    The Department estimated the manufacturer markup based on analysis 
of corporate financial records. It included the following expenses in 
the determination of the manufacturer markup: research and development 
(R&D), net profit, general and administrative costs, warranty expenses, 
taxes, and sales and marketing costs. It excluded shipping expenses 
(out-bound) because these expenses were included in the manufacturing 
cost. The Department determined R&D expenses by assuming that 
engineering budgets would be reallocated from value engineering and 
new-feature development to product development and redesign.
    The Department based the wholesale and contractor markups on firm 
balance sheet data. It estimated builder markup (applied to new 
construction installations only) from U.S. Census data for the 
residential and commercial building construction industry and from 
heating, ventilating, and air-conditioning (HVAC) industry data. The 
Department used recent State and local sales tax data to estimate sales 
taxes (applied to replacement installations only).
    For mobile home furnaces, the distribution chain is shorter than 
the distribution chains for other product classes. The heating 
equipment manufacturer sells to the manufactured housing maker, who 
installs the furnace at the factory. In this case, the Department 
estimated markups using information from MHI.
    The overall markups are lower for new construction installations 
than for replacement installations. For wholesalers and contractors, 
the markup on incremental costs (i.e., the costs over and above the 
costs for a baseline model) is lower than the markup on the baseline 
model cost. The reason is that only wholesalers' and contractors' 
profits and other operating costs

[[Page 59217]]

typically scale with the price they pay for the products they sell. 
Trane questioned the assumption that incremental markups should be 
lower than baseline markups. (Trane, Public Meeting Transcript, No. 
59.8 at p. 147) AGA said that wholesalers, contractors, and builders 
will base markups not on incremental costs of the technology, but on 
the economic value of the product in the supply chain. (AGA, No. 78 at 
p. 4) The Department evaluated the markup chain and found that the 
markup on incremental costs is lower than the baseline markup for 
wholesalers and contractors, so the Department did not change its 
application of markups. (See TSD, Chapter 5.)
3. Installation Costs
    The Department defines the installation cost as the expense to the 
consumer for professional installation of a furnace or a boiler. The 
installation cost is not part of the equipment's retail price. The cost 
of installation covers all labor and material costs associated with the 
installation of a new unit or the replacement of an existing one, 
excluding the cost of the unit itself. For furnaces and boilers, the 
installation cost is typically the largest single component of the 
total cost to the consumer and is greater than the equipment price.
    The predominant part of the installation cost is the venting 
system. The American National Standards Institute (ANSI) standard 
Z21.47-1993 defines four furnace and boiler categories (I-IV) with 
respect to the venting system. The categories are defined based on the 
operating pressure and temperature of the combustion gases inside the 
vent. Most non-condensing equipment falls into Category I (high 
temperature, negative pressure). Most condensing equipment falls into 
Category IV (low temperature, positive pressure), but some non-
condensing boilers are in Category III (high temperature, positive 
pressure). Category III venting requires stainless steel material 
(AL29-4C) and sealed joints.
    The Department devoted considerable effort to identifying 
appropriate cost figures to use in its analysis. In the process, DOE 
found that there is no complete, up-to-date data source for 
installation costs for the product classes under consideration. 
Therefore, DOE developed its own Installation Model to determine 
installation costs for non-weatherized gas furnaces. The Department 
used RS Means, a well-known construction-cost-estimation method, to 
develop labor costs, and obtained quotes from national distributors to 
develop material costs. The Installation Model weight-averages the 
detailed costs for a large variety of typical installations in the 
field, including both new construction and retrofit installations; 
single and multifamily housing; plastic, metal, and masonry chimney 
vents; single- and double-wall vent connectors; and common venting with 
other appliances. Chimney relining practices and orphaned water heaters 
are explicitly modeled. The Department modified certain assumptions to 
apply the Installation Model to oil-fired furnaces and gas- and oil-
fired boilers.
    In their comments, Carrier, Lennox, Alagasco, and York addressed 
space constraints and other issues related to the cost of installing 
furnaces and boilers. Carrier stated that, in southern and western 
markets, many furnaces are installed in attics, and if the furnace is 
more than 21 inches wide, it will not fit into the attic through the 
attic access. (Carrier, Public Meeting Transcript, No. 59.8 at p. 51) 
Lennox asked that the installation analysis account for non-
conventional installations of very large units. (Lennox, Public Meeting 
Transcript, No. 59.8 at p. 75) Lennox commented that, with regard to 
oil-fired furnaces, because of the larger heat exchangers, the physical 
size of the furnace cabinet can cause space constraint problems. 
(Lennox, No. 79 at p. 2) Alagasco stated that DOE's installation model 
underestimates costs associated with the installation of gas furnaces, 
especially for replacement markets. (Alagasco, No. 82 at pp. 1-2) 
Finally, York stated that, due to the large size of residences in some 
areas of the country, more than one furnace system may be installed in 
a dwelling, and installing or changing multiple systems has a different 
cost impact than changing or installing a single system. (York, Public 
Meeting Transcript, No. 59.8 at p. 74) The Department's Installation 
Model includes a wide variety of installation situations, as mentioned 
above, and accounts for most situations where space constraints may be 
an issue.
    a. Non-Weatherized Gas Furnaces. In the 2004 ANOPR, DOE estimated 
that eight percent of all installations of non-weatherized gas furnaces 
at 81-percent AFUE will require Category III venting. It based this 
estimate on the fact that if the steady-state efficiency of a non-
condensing furnace exceeds 83 percent, it must be vented with a 
Category III venting system to prevent condensation problems. The 
Department arrived at the eight-percent value by considering the 
difference between the steady-state efficiency and the AFUE for actual 
models, based on the model information listed in the GAMA directory. 
Carrier and Lennox commented that the Department did not appropriately 
account for the fraction of 81-percent-AFUE furnaces that would require 
Category III venting and recommended that the eight-percent number be 
raised considerably. (Lennox, Public Meeting Transcript, No. 59.8 at p. 
89 and No. 79 at p. 2; and Carrier, Public Meeting Transcript, No. 59.8 
at p. 89) GAMA and Carrier stated that DOE's approach underestimates 
the fraction of Category III models because there is at least 0.5-
percent difference between the steady-state efficiency as measured by 
the DOE test procedure and as measured in the ANSI Z21.47 
categorization test. (The ANSI Z21.47 test is applied by manufacturers 
to identify venting categories to develop information for the 
manufacturers' installation manuals.) (GAMA, Public Meeting Transcript, 
No. 59.8 at p. 85 and No. 67 at p. 5; and Carrier, Public Meeting 
Transcript, No. 59.8 at p. 93 and No. 68 at p. 1)
    In the analysis for this proposed rule, DOE did not directly 
estimate the fraction of Category III models by considering the 
difference between the steady-state efficiency and the AFUE for actual 
models. For this analysis, DOE investigated existing models and 
manufacturers' installation manuals. It determined that non-weatherized 
gas furnaces at 80- and 81-percent AFUE, when applied in vertical 
venting installations, fall into Category I. When 81-percent-AFUE 
furnaces replace 80-percent-AFUE furnaces, a significant fraction of 
installations requires an update from a single-wall to a Type-B, 
double-wall vent connector. In the case of replacement installations, 
the Department added the cost of a Type-B, double-wall vent connector 
to 40-percent of the installations. When applied in horizontal venting 
installations, furnaces at 80 and 81-percent AFUE are either in 
Category III or are in Category I using a power venter. The cost for 
these two venting methods is similar. Since horizontal installations 
account for a negligible fraction of all non-condensing furnace 
installations (estimated at less than 0.1-percent), DOE did not include 
this type of installation in its analysis.
    Carrier, NPGA, and Lennox commented that lack of knowledge on the 
part of installers regarding proper installation practices for 81-
percent-AFUE furnaces could result in incorrect installation and unsafe 
conditions for the consumer. (Carrier, Public Meeting Transcript, No. 
59.8 at p. 83; NPGA, No. 72 at p. 4; and Lennox, No. 79 at p. 2) York 
and Alagasco stated that there are

[[Page 59218]]

issues regarding long-term safety, reliability, and performance of the 
Category III venting materials or systems available on the market 
today, and this is a major concern if thousands of installations across 
the country will require such systems. (York, No. 65 at p. 3; Alagasco, 
No. 82 at p. 2) Carrier, Rheem, and York commented that they do not 
offer Category III appliances, and stated that Category III venting is 
not used for 81-percent-AFUE models. (Carrier, Public Meeting 
Transcript, No. 59.8 at p. 115; Rheem, Public Meeting Transcript, No. 
59.8 at p. 117; and York, No. 65 at p. 3) The Department recognizes the 
stakeholders' concerns. As discussed above, however, analysis for this 
proposed rule indicated that Category III venting would be required for 
a negligible fraction of installations of 81-percent-AFUE gas furnaces. 
Furthermore, based on the existing use of Category III venting, 
particularly for high-efficiency boilers, the Department believes that 
the relevant stainless steel materials (AL29-4C) would perform with an 
acceptable degree of safety and reliability for Category III furnaces.
    The ODOE commented that the assumed overall cost for condensing 
furnace installation is too high, as it fails to account for the 
expected growth in the share of condensing furnaces that are for the 
replacement market, and the relatively small installation cost for 
replacing a condensing furnace. (ODOE, No. 61 at pp. 7-8) NRDC noted 
that installation costs will decline when replacement of 90-percent-
AFUE furnaces becomes widespread. (NRDC, No. 528 at p. 4) The 
Department adjusted its estimate of installation costs for condensing 
furnaces to account for a higher share of replacements in total 
installations of condensing furnaces in 2015. With regard to the cost 
for replacing a condensing furnace, the Department did not find any new 
data to justify a change to the cost used in the 2004 ANOPR analysis.
    AGA stated that installation costs for condensing furnaces are 
incompletely represented in the 2004 ANOPR, since installation codes 
require that condensing appliances be provided with an auxiliary drain 
pan to prevent damage to building components in the event of a blockage 
in the condensate drain piping system, and an estimated 40-percent of 
all condensing furnace installations need drain pans. (AGA, No. 78 at 
p. 5) The Department adjusted its Installation Model to account for the 
use of drain pans in 40 percent of condensing furnace installations.
    In addition, the Department recognizes that some consumers may 
experience additional costs that exceed those used in the Department's 
analysis to address necessary structural changes for installing a 
condensing furnace, primarily for the vent systems associated with non-
weatherized gas furnaces and for mobile home gas furnaces at or above 
90-percent-AFUE. The Department understands that, for some dwellings, 
it may be necessary to make ``structural'' changes, such as the removal 
or penetration of an interior wall, exterior wall, or roof, to 
accommodate new vent systems (and combustion air intakes). While the 
Department has no data to quantify the number of consumers that may be 
affected in this manner and the cost magnitude, it believes the 
possible cost impacts may be significant enough to warrant 
consideration in evaluating the adoption of a standard level that would 
require condensing technology. The Department invites comments on the 
number of consumers that may be affected by structural changes for 
installing a condensing furnace and the cost magnitude of any 
structural changes.
    b. Other Product Classes. For weatherized gas furnaces, the 
Department estimated the installation cost for the baseline model using 
data from Section 400 of the 2002 RS Means Mechanical Cost Data. The 
assumption that installation costs remain mostly constant as efficiency 
increases seems reasonable for single-package systems. The increases in 
size and weight for more-efficient systems are small relative to the 
large size and weight of the baseline model unit.
    For mobile home gas furnaces in new homes, installation costs are 
part of the equipment cost because mobile home gas furnaces are 
assembled in the factory rather than in the field. The Department 
included these factory assembly costs in the manufacturer markup. With 
respect to mobile home gas furnaces for replacement, the Department did 
not find any new data to estimate an installation cost, so it used the 
same approach as for new-home furnaces.
    York, GAMA, and MHI commented on venting issues related to mobile 
home furnaces. GAMA and York suggested that DOE did not sufficiently 
explore vent corrosion issues related to mobile home furnaces and 
weatherized furnaces in the 2004 ANOPR analysis. (GAMA, Public Meeting 
Transcript, No. 59.8 at p. 228; and York, No. 65 at p. 5) York, GAMA, 
and MHI noted that approved venting materials for Category III venting 
are not available for mobile home furnace installations. (York, No. 65 
at p. 5; GAMA, No. 67 at p. 6; and MHI, No. 89 at p. 3) York also 
stated that condensation and resulting corrosion must be considered for 
weatherized furnaces, along with the cost impact of materials having 
more corrosion-resistant properties. (York, No. 65 at p. 8) GAMA agreed 
with DOE that it is appropriate not to include venting costs for 
weatherized products, but stated that there is a need to capture the 
increased likelihood of heat exchanger and flue corrosion resulting in 
premature failure. (GAMA, No. 67 at p. 6) In conducting its analysis 
for this notice, DOE reviewed the issue of vent corrosion for mobile 
home furnace installations and included a cost to account for proper 
venting system installation. For weatherized furnaces, the Department 
reviewed corrosion issues and found that current models having an AFUE 
of up to 82 percent do not have special requirements to address 
corrosion issues. Therefore, the Department did not change its cost 
estimates for this product class for this proposed rule.
    For gas hot water boilers, the 2004 ANOPR analysis used a uniform 
assumption that 20-percent of installations would require Category III 
venting at 80-84-percent-AFUE levels. GAMA, ACEEE, and AGA commented 
that the analysis should include a gradually increasing share of 
Category III venting as the AFUE rises. (GAMA, Public Meeting 
Transcript, No. 59.8 at p. 111; ACEEE, Public Meeting Transcript, No. 
59.8 at p. 113; and AGA, No. 78 at p. 5) GAMA asked that DOE's analysis 
use GAMA's data showing the fraction of gas hot water boiler models 
vented with Category III by efficiency level. (GAMA, Public Meeting 
Transcript, No. 59.8 at p. 107) AGA stated that manufacturers' 
installation instructions for a number of gas hot water boilers in the 
range of 83-84-percent AFUE do require Category III venting, and 
recommended that DOE consider these requirements. (AGA, No. 78 at p. 5)
    In the analysis for today's proposed rule, DOE used data provided 
by GAMA on the fraction of installations at each efficiency level that 
would require Category III venting. The Department also conducted a 
sensitivity analysis using similar assumptions as in the 2004 ANOPR. 
This analysis reflected current construction practices, which use 
Category III venting for horizontal venting installations at all 
efficiency levels.
    GAMA and ACEEE commented that DOE should further investigate 
installation practices for oil-fired equipment at various efficiency 
levels. (GAMA, Public Meeting Transcript, No. 59.8 at pp. 112 and No. 
67 at p. 4; and ACEEE, No. 53 at p. 6) ACEEE stated

[[Page 59219]]

that DOE's analysis for oil systems does not fully account for the fact 
that exhaust from oil systems is generally at a higher temperature and 
has lower moisture content than exhaust from gas systems. (ACEEE, No. 
84 at p. 11) Carrier urged DOE to perform vent condensation analyses on 
higher-efficiency oil furnace designs. (Carrier, No. 68 at p. 4)
    The 2004 ANOPR analytical approach for oil-fired furnaces assumed 
that all installations of 83-percent-AFUE, or lower efficiency, 
equipment would be vented using Type L vents, and all installations of 
84-percent-AFUE, or higher efficiency, equipment would be vented using 
316-grade stainless steel vent systems. For this notice, the Department 
consulted Brookhaven National Laboratory and other experts, and also 
reviewed the National Fire Protection Association (NFPA) standards 
NFPA-31 Standard for the Installation of Oil-Burning Equipment and 
NFPA-11 Standard for Chimneys, Fireplaces, Vents, and Solid Fuel-
Burning Appliances. The analysis for today's proposed rule has taken 
into consideration the NFPA-31 standard, which provides that Type L 
vents can be used safely with products of up to 88 percent, steady-
state efficiency (or 87-percent AFUE), depending on the vent 
configurations and equipment size. The Department used a gradual 
increase in the number of 316-grade stainless steel vent installations 
from zero percent at 80-82-percent AFUE to 100-percent at 86-percent 
AFUE. The mid-point of the range is 50 percent at 84-percent AFUE. This 
assumption accounts for the NFPA-31 recommendations at the upper end of 
the range. The Department used a similar approach for oil-fired 
boilers, but shifted the above AFUE values upward by one AFUE 
efficiency point, in accordance with the NFPA-31 standard. The approach 
DOE used in this proposed rule accounts for the fact that exhaust from 
oil systems is generally at a higher temperature and has lower moisture 
content than exhaust from gas systems. It also addresses vent 
condensation on higher-efficiency, oil-fired furnace designs.
4. Maintenance Costs
    Maintenance costs are the costs of regular maintenance of a furnace 
or boiler when it fails, including all associated labor and material 
costs. For non-weatherized and weatherized gas furnaces and gas 
boilers, in the 2004 ANOPR analysis, DOE used data on the cost and 
frequency of maintenance that were provided in the Gas Research 
Institute (GRI)-94/0175 topical report Assessment of Technology for 
Improving the Efficiency of Residential Gas Furnaces and Boilers. The 
Department used this information to estimate required minimum 
maintenance frequencies of once every five years for all equipment 
without modulation, and once every four years for all equipment with 
modulation, to account for the greater complexity of the modulation 
feature. For oil-fired furnaces and oil-fired boilers, DOE applied the 
results of a survey performed for its previous water heater rulemaking. 
For mobile home furnaces, DOE used data from the Technical Support 
Document: Energy Efficiency Standards for Consumer Products, DOE/EE-
0009, published in November 1993. (See TSD, Chapter 6.)
    The ODOE and York stated that the GRI data DOE used are outdated. 
(ODOE, No. 61 at p. 9; and York, No. 65 at p. 6) GAMA stated that 
maintenance costs should at least scale with the cost of the product, 
if not meet some other more rigorous assumption. (GAMA, Public Meeting 
Transcript, No. 59.8 at p. 165) ODOE commented that, unless DOE can 
provide data that support its contention that the maintenance costs 
vary proportionally to the efficiency of the furnace, using the same 
maintenance costs would be appropriate for all furnaces. (ODOE, No. 61 
at p. 9) In its review of these comments, DOE confirmed that 
maintenance frequency, and therefore cost, does not necessarily vary 
with AFUE. Rather, the greater complexity of the modulation feature 
causes furnaces with this feature to require more frequent maintenance 
and thus incur higher maintenance costs.
    The ODOE disagreed with how the 2004 ANOPR analysis represented 
maintenance costs for condensing equipment in terms of maintenance 
contracts. (ODOE, No. 61 at p. 9) In the 2004 ANOPR, DOE used a value 
for condensing equipment from the GRI report that represented the cost 
of a service contract that includes a specified set of routine repairs. 
In the analysis for this notice, the Department compared maintenance 
instructions for non-condensing and condensing gas furnaces from 
manufacturers' manuals, researched RS Means literature for maintenance 
differences between non-condensing and condensing gas furnaces, and 
collected opinions from several furnace installation and maintenance 
experts. It found, as asserted by ODOE, that annual maintenance 
contracts are not commonly applicable to condensing gas furnaces, and 
it did not find evidence of differences in maintenance requirements 
between condensing and non-condensing designs. Thus, in accordance with 
ODOE's comment, the Department used the same maintenance cost data for 
condensing and non-condensing furnaces, and it applied the same 
considerations to gas boilers.
5. Rebuttable-Presumption Payback Period
    Section 325(o)(2)(B)(iii) of the Act 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))
    The Department defines the rebuttable-presumption payback period as 
the length of time it takes the consumer to recover the higher 
installed cost of more-energy-efficient equipment through lowering 
operating costs. Numerically, the rebuttable-presumption payback period 
is the ratio of the increase in total installed cost (including the 
purchase price and installation cost) to the decrease in operating 
expenses (including maintenance). Energy expenses are the primary 
component of operating expenses. The Department determines the changes 
in total installed cost and operating expenses relative to the baseline 
for each product class (i.e., the current standard level). Energy-
expense savings are the first year's energy savings multiplied by the 
average energy prices forecast for the year in which a new standard is 
expected to take effect--in this case, the year 2015. The Department 
used energy price forecasts from the AEO2005 to estimate the energy 
price in the year 2015.\12\ To calculate energy-expense savings at each 
efficiency level, the Department uses the DOE test procedure for 
calculating annual energy consumption. (See TSD, Chapter 6.)
---------------------------------------------------------------------------

    \12\ Although the Department conducted an energy price 
sensitivity analysis using EIA's AEO2006, it did not perform a 
sensitivity analysis to determine the effect of AEO2006 energy 
prices on the rebuttable-presumption payback period.
---------------------------------------------------------------------------

C. Life-Cycle Cost and Payback Period Analysis

    In response to the requirements of section 325(o)(2)(B)(i) of the 
Act, the Department conducted an LCC and payback period analysis to 
evaluate the economic impacts of possible new furnace and boiler energy 
conservation standards on individual consumers. This section of this 
notice describes the

[[Page 59220]]

LCC and payback period analysis. The Department conducted the analysis 
using a spreadsheet model developed in Microsoft (MS) Excel for Windows 
2000 or XP. (See TSD, Chapter 8.)
    The LCC is the total consumer expense over the life of the furnace 
or boiler, including purchase and installation expense and operating 
costs (energy expenditures and maintenance costs). To compute LCCs, the 
Department discounted future operating costs to the time of purchase 
and summed them over the lifetime of the furnace or boiler. The payback 
period is the change in purchase expense due to an increased efficiency 
standard, divided by the change in annual operating cost that results 
from the standard. Otherwise stated, the payback period is the number 
of years it would take for the consumer to recover the increased costs 
of a higher-efficiency product through energy savings.
    The Department measures the change in LCC and the change in payback 
period associated with a given efficiency level relative to a base case 
forecast of equipment efficiency. The base case forecast reflects the 
market in the absence of amended mandatory energy conservation 
standards. It depicts the current status of the market, including the 
existing demand for products that exceed the current energy 
conservation standards.
    The Department calculated the LCC and payback periods for a 
nationally representative set of housing units. It selected the 
representative sample of households from EIA's Residential Energy 
Consumption Survey (RECS). Whereas the 2004 ANOPR used the 1997 RECS, 
the analysis for today's proposed rule used the 2001 survey (RECS 
2001), which are the most recent data available. For each sampled 
household, DOE determined the energy consumption and energy price for 
either a furnace or a boiler. Thus, by using a representative sample of 
households, the analysis allowed for the capture of the wide 
variability in energy consumption and energy prices associated with 
furnace and boiler use. The Department determined the LCCs and payback 
periods for each sampled household using the furnace or boiler energy 
consumption and energy price unique to each household, as well as other 
input variables. As discussed below, DOE characterized the other input 
variables with probability distributions. The Department calculated the 
LCC associated with the baseline furnace or boiler in each household. 
To calculate the LCC savings and payback period associated with more-
efficient equipment (i.e., equipment meeting higher efficiency 
standards), DOE substituted the baseline unit with a more efficient 
design.
    Inputs for determining the total installed cost include equipment 
prices--which account for manufacturer costs, manufacturer markups, 
distributor and wholesaler markups, builder or contractor markups, and 
sales taxes--and installation costs. Inputs for determining operating 
expenses include annual household energy consumption, marginal natural 
gas and electricity prices, natural gas and electricity price 
projections, maintenance costs, equipment lifetime, discount rates, and 
the year standards take effect.
    To account for uncertainty and variability in certain inputs, the 
Department created distributions of values with probabilities attached 
to each value. Of the listed installed cost inputs, DOE characterized 
the manufacturer, dealer, distributor, and builder markups, as well as 
the sales tax and installation price