[Federal Register Volume 76, Number 61 (Wednesday, March 30, 2011)]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7448]
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. DW-005]
Energy Conservation Program for Consumer Products: Notice of
Petition for Waiver of BSH Corporation From the Department of Energy
Residential Dishwasher Test Procedure, and Grant of Interim Waiver
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
ACTION: Notice of petition for waiver, notice of grant of interim
waiver, and request for comments.
SUMMARY: This notice announces receipt of and publishes the BSH
Corporation (BSH) petition for waiver (hereafter, ``petition'') from
specified portions of the U.S. Department of Energy (DOE) test
procedure for determining the energy consumption of dishwashers.
Today's notice also grants an interim waiver of the dishwasher test
procedure. Through this notice, DOE also solicits comments with respect
to the BSHpetition.
DATES: DOE will accept comments, data, and information with respect to
the BSHpetition until, but no later than April 29, 2011.
ADDRESSES: You may submit comments, identified by case number DW-004,
by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: AS_Waiver_Requests@ee.doe.gov. Include the case
number [Case No. DW-005] in the subject line of the message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J, Petition for Waiver Case
No. DW-005, 1000 Independence Avenue, SW., Washington, DC 20585-0121.
Telephone: (202) 586-2945. Please submit one signed original paper
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 950 L'Enfant Plaza, SW.,
Suite 600, Washington, DC 20024. Please submit one signed original
Docket: For access to the docket to review the background documents
relevant to this matter, you may visit the U.S. Department of Energy,
950 L'Enfant Plaza, SW., (Resource Room of the Building Technologies
Program), Washington, DC 20024; (202) 586-2945, between 9 a.m. and 4
p.m., Monday through Friday, except Federal holidays. Available
documents include the following items: (1) This notice; (2) public
comments received; (3) the petition for waiver and application for
interim waiver; and (4) prior DOE rulemakings and waivers regarding
similar dish washers. Please call Ms. Brenda Edwards at the above
telephone number for additional information regarding visiting the
FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S.
Department of Energy, Building Technologies Program, Mail Stop EE-2J,
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC
20585-0121. Telephone: (202) 586-9611. E-mail:
Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the
General Counsel, Mail Stop GC-71, Forrestal Building, 1000 Independence
Avenue, SW., Washington, DC 20585-0103. Telephone: (202) 586-7796. E-
I. Background and Authority
Title III, Part B of the Energy Policy and Conservation Act of 1975
(EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified)
established the Energy Conservation Program for Consumer Products Other
Than Automobiles, a program covering most major household appliances,
which includes dishwashers.\1\ Part B includes definitions, test
procedures, labeling provisions, energy conservation standards, and the
authority to require information and reports from manufacturers.
Further, Part B authorizes the Secretary of Energy to prescribe test
procedures that are reasonably designed to produce results which
measure energy efficiency, energy use, or estimated operating costs,
and that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
The test procedure for dishwashers is contained in 10 CFR part 430,
subpart B, appendix C.
\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated Part A.
The regulations set forth in 10 CFR 430.27 contain provisions that
enable a person to seek a waiver from the test procedure requirements
for covered consumer products. A waiver will be granted by the
Assistant Secretary for Energy Efficiency and Renewable Energy (the
Assistant Secretary) if it is determined that the basic model for which
the petition for waiver was submitted contains one or more design
characteristics that prevents testing of the basic model according to
the prescribed test procedures, or if the prescribed test procedures
may evaluate the basic model in a manner so unrepresentative of its
true energy consumption characteristics as to provide materially
inaccurate comparative data. 10 CFR 430.27(l). Petitioners must include
in their petition any alternate test procedures known to the petitioner
to evaluate the basic model in a manner representative of its energy
consumption. 10 CFR 430.27(b)(1)(iii). The Assistant Secretary may
grant the waiver subject to conditions, including adherence to
alternate test procedures. 10 CFR 430.27(l). Waivers remain in effect
pursuant to the provisions of 10 CFR 430.27(m).
The waiver process also allows the Assistant Secretary to grant an
interim waiver from test procedure requirements to manufacturers that
have petitioned DOE for a waiver of such prescribed test procedures. 10
CFR 430.27(a)(2) An interim waiver remains in effect for 180 days or
until DOE issues its determination on the petition for waiver,
whichever is sooner. An interim waiver may be extended for an
additional 180 days. 10 CFR 430.27(h)
II. Petition for Waiver
On January 11, 2011, BSH filed a petition for waiver and
application for interim waiver from the test procedure applicable to
dishwashers set forth in 10 CFR part 430, subpart B, appendix C. BSH
states that ``hard'' water can reduce customer satisfaction with
dishwasher performance resulting in increased pre-rinsing and/or hand
washing as well as increased detergent and rinse agent usage. According
to BSH, a dishwasher equipped with a water softener will minimize pre-
rinsing and rewashing, and consumers will have less reason to
periodically run their dishwasher through a clean-up cycle.
BSH also states that the amount of water consumed by the
regeneration operation of a water softener in a dishwasher is very
small, but that it varies significantly depending on the adjustment of
the softener. The regeneration operation takes place infrequently, and
the frequency is related to the level of water hardness. BSH included
test results and calculations showing water and energy use very similar
to that supplied by Whirlpool in its petition for waiver, which was
granted by DOE. (75 FR 62127, Oct. 7, 2010). BSH states that the water
used in the regeneration process is for the purpose of softening water
rather than cleaning dishes. Therefore, according to BSH, this water
and energy should not be included in the energy usage figures for
washing dishes. BSH suggests a similar approach as used in EN 50242. EN
50242 does not include the water or energy used in the water softening
process in the dishwasher energy consumption calculation.
III. Application for Interim Waiver
BSH also requests an interim waiver for particular basic models
with integrated water softeners. An interim waiver may be granted if it
is determined that the applicant will experience economic hardship if
the application for interim waiver is denied, if it appears likely that
the petition for waiver will be granted, and/or the Assistant Secretary
determines that it would be desirable for public policy reasons to
grant immediate relief pending a determination of the petition for
waiver. (10 CFR 430.27(g))
DOE determined that BSH's application for interim waiver does not
provide sufficient market, equipment price, shipments, and other
manufacturer impact information to permit DOE to evaluate the economic
hardship BSH might experience absent a favorable determination on its
application for interim waiver. DOE understands, however, that the
current test procedure may not predict accurately the water and energy
consumption of its line of dishwashers with a built-in water softener.
Based on the information provided by BSH and Whirlpool, DOE determined
that the test results may provide materially inaccurate comparative
BSH provided the European Standard EN 50242, ``Electric Dishwashers
for Household Use--Methods for Measuring the Performance,'' as an
alternate test procedure. This standard excludes water use due to
softener regeneration from its water use efficiency measure. Use of EN
50242 would provide repeatable results, but would underestimate the
energy and water use of these models. If water consumption of a
regeneration operation were apportioned across all cycles of operation,
manufacturers would need to make calculations regarding average water
hardness and average water consumptions due to regeneration operations
that are not currently provided for in the test procedure. In lieu of
these calculations, constant values could be used to approximate the
energy and water use due to softener regeneration. In its petition, BSH
estimated that, on average, 23.78 gallons/year of water and 4.04 kWh/
year would be consumed in softener regeneration. These values are based
on internal testing conducted by BSH, and are very close to Whirlpool's
values of 23 gallons/year and 4 kWh/year. Therefore, in the interim
waiver, DOE adds the same constant values as in the Whirlpool waiver to
the energy and water consumption measured by appendix C.
DOE believes it is likely that BSH's petition for waiver will be
granted because DOE granted a similar waiver to Whirlpool and it is in
the public interest to have similar products tested and rated using the
same test procedures, and because BSH provides approximate values for
the energy and water use resulting from softener regeneration. As a
result, DOE grants BSH's application for interim waiver. Therefore, BSH
shall not be required to test its dishwasher models:
according to the existing DOE test procedure at 10 CFR 430, subpart B,
appendix C, but shall be required to test and rate such products
according to the alternate test procedure as set forth below.
Under appendix C, the water energy consumption, W or Wg, is
calculated based on the water consumption as set forth in Section 4.3:
Section 4.3 Water consumption. Measure the water consumption, V,
expressed as the number of gallons of water delivered to the machine
during the entire test cycle, using a water meter as specified in
section 3.3 of this Appendix.
Where the regeneration of the water softener depends on demand and
water hardness, and does not take place on every cycle, BSH shall
measure the water consumption of dishwashers having water softeners
without including the water consumed by the dishwasher during softener
regeneration. If a regeneration operation takes place within the test,
the water consumed by the regeneration operation shall be disregarded
when declaring water and energy consumption. Constant values of 23
gallons/year of water and 4 kWh/year of energy shall be added to the
values measured by appendix C.
DOE makes decisions on waivers and interim waivers for only those
models specifically set out in the petition, not future models that may
be manufactured by the petitioner. BSH may submit a new or amended
petition for waiver and request for grant of interim waiver, as
appropriate, for additional models of dishwashers for which it seeks a
waiver from the DOE test procedure. Grant of an interim waiver does not
release a petitioner from the certification requirements set forth at
10 CFR 430.62.
IV. Summary and Request for Comments
Through today's notice, DOE announces receipt of BSH's petition for
waiver from certain parts of the test procedure that apply to
dishwashers. DOE is publishing BSH's petition for waiver in its
entirety pursuant to 10 CFR 430.27(b)(1)(iv). The petition contains no
confidential information. The petition includes a suggested alternate
test procedure which is to measure the water consumption of dishwashers
having water softeners without including the water consumed by the
dishwasher during softener regeneration.
DOE solicits comments from interested parties on all aspects of the
petition. Pursuant to 10 CFR 430.27(b)(1)(iv), any person submitting
written comments to DOE must also send a copy of such comments to the
petitioner. The contact information for the petitioner is Mike Edwards,
Senior Engineer, Performance and Consumption, BSH Home Appliances
Corporation (FNbG), 100 Bosch Blvd., Building 102, New Bern, NC 28562-
6924. All submissions received must include the agency name and case
number for this proceeding. Submit electronic comments in Word Perfect,
Microsoft Word, Portable Document Format (PDF), or text (American
Standard Code for Information Interchange (ASCII)) file format and
avoid the use of special characters or any form of encryption. Wherever
possible, include the electronic signature of the author. DOE does not
accept telefacsimiles (faxes).
Issued in Washington, DC on March 24, 2011.
Deputy Assistant Secretary for Energy Efficiency, Office of Technology
Development, Energy Efficiency and Renewable Energy.
January 11, 2011
The Honorable Catherine Zoi
Assistant Secretary, Energy Efficiency and Renewable Energy
U.S. Department of Energy
Mail Station EE-10
1000 Independence Avenue, SW
Washington, DC 20585
Via e-mail (email@example.com) and overnight mail
Re: Petition for Waiver and Application for Interim Waiver
concerning the measurement of water and energy used in the water
softening regeneration process of Dishwasher having an Integrated
Dear Assistant Secretary Zoi:
BSH Home Appliance Corporation (``BSH'') hereby submits this
Petition for Waiver and Application for Interim Waiver pursuant to
10 CFR 430.27, concerning the test procedure for measuring energy
consumption of Dishwashers.
BSH is the manufacturer of household appliances bearing the
brand names of Bosch, Thermador, and Gaggenau. Its appliances
include dishwashers, washing machines, clothes dryers, refrigerator-
freezers, ovens, and microwave ovens, and are sold worldwide,
including in the United States. BSH's United States operations are
headquartered in Huntington Beach, California. BSH's appliances are
produced in the United States and Germany.
10 CFR 430.27(a)(1) provides that any interested person may
submit a petition to waive for a particular basic model any
requirement of Section 430.23, or of any appendix to this subpart,
upon grounds that the basic model contains one or more design
characteristics which either prevent testing of the basic model
according to the prescribed test procedures, or the prescribed test
procedures may evaluate the basic model in a manner so
unrepresentative of its true energy consumption characteristics, or
water consumption characteristics as to provide materially
inaccurate comparative data. Additionally, 10 CFR 430.27 (b)(2)
allows any applicant of a Petition of Waiver to also request an
Interim Waiver if it can be demonstrated the likely success of the
Petition for Waiver, while addressing the economic hardship and/or
competitive disadvantage that is likely to result absent a favorable
determination on the Application for Interim Waiver.
This request for Waiver is directed to Dishwashers containing a
built-in or integrated water softener, specifically addressing the
energy and water used in the regeneration process of the integrated
water softener. This request for Waiver is similar to a request
submitted by Whirlpool Corporation (Case No. DW-004). The Whirlpool
Corporation Interim Waiver was granted on October 7, 2010.
BSH's Application for Interim Waiver will follow the same test
methodology approved by DOE by its approval of the Whirlpool
Corporation Application for Interim Waiver.
Based on the reasoning indicated herein, BSH submits that the
testing of Dishwashers equipped with a water softener under the
current DOE test procedure may lead to information that could be
considered misleading to consumers.
1. Identification of Basic Models.
The basic Dishwasher models manufactured by BSH which contain an
integrated water softener are as follows:
The design characteristic that is unique among the above listed
models is an integrated water softener. The primary function of a
water softener is to reduce the high mineral content of ``hard''
water. Hard water reduces the effectiveness of detergents leading to
additional detergent usage. Hard water also causes increased water
spots on dishware, resulting in the need to use more rinse aid to
counterbalance this effect. ``Hard'' water can reduce customer
satisfaction with Dishwasher performance resulting in increased pre-
rinsing and/or hand washing as well as increased detergent and rinse
The water softening process requires water usage for both the
regeneration process and to flush the system. For purposes of this
Waiver request, the term ``regeneration'' will include the water and
energy used in both the flushing and regeneration process of the
water softener. The water used in the regeneration process is in
addition to the water used in the dish washing process. The water
used in the regeneration process does not occur with each use of the
Dishwasher. The frequency of the regeneration process is dependant
upon an adjustable water softener setting that is controlled by the
end user, and based on the home water hardness. Regeneration
frequency will vary greatly depending upon the customer setting of
the water softener. Data from the U.S. Geological Survey shows
considerable variation in the water hardness within the U.S. and for
many locations the use of a water softener is not necessary. Water
hardness varies throughout the U.S. with the mean hardness of 217
mg/liter or 12.6 grains/gallon (based on information provided by the
U.S. Geological Survey located at http://water.usgs.gov/owq/hardness-alkalinity.html).
Based on the DOE Energy Test for Dishwashers, BSH
Dishwashers with an internal water softener use an average of 5.89
liters of water per dish cleaning cycle.
Based on an average U.S. water hardness of 12.6 grains/
gallon, the internal BSH Dishwasher water softener system would be
set on ``4''.
Based on a BSH Dishwasher internal water softening
system setting of ``4'' and the dishwasher using 5.89 liters of
water per run, the water regeneration process would occur every 6th
When using the Dishwasher 215 times per year (per DOE
test procedure), the regeneration process would occur 35.8 times
The internal BSH water softening system uses 4.97
liters (5.0) per regeneration cycle.
Many homes with hard water have the entire home water
supply softened, negating the need for a Dishwasher specific water
softener. Based on this data BSH further suggest that at least 50%
of the homes with hard water that would purchase a high end
dishwasher (any Dishwasher with an internal water softening system
would be considered high end) would have entire home water softening
systems. This would reduce the water consumption figures shown above
by 50% or more.
[cir] 36 x 5 x 50% = 90 liters per year (23.78 gallons) or .42
liters (.11 gallons) each time the dishwasher is used.
Energy Used in kWh
Formula W= V x T x K
[cir] V = Weighted Average Water Usage per DOE
[cir] T = Nominal water heater temperature rise of 39 [deg]C
[cir] K = Specific heat of water 0.00115
Calculated Energy use--90 x 39 x .00115 = 4.04 kWh/yr
A Dishwasher built by BSH with an integrated water
softener in a home with a 12.6 grain per gallon water hardness would
be cycled through the water softening regeneration process
approximately every 6 dish cleaning cycles. BSH estimates that 50%
of homes with 12.6 grain per gallon hardness will have an entire
home water softening system, negating the need for a Dishwasher
specific internal water softener. When the water used in the water
softener regeneration process is apportioned evenly over all
dishwasher runs, the amount of energy and water usage per cycle is
very low. Based on the assumptions provided, BSH estimates the
typical water used in the internal Dishwasher water softener
regeneration process at .42
liters (.11 gallons) per use; furthermore, using about 4.04 kWh per
year to heat this water in the home hot water heater.
Note: Contrary to current DOE direction, the water used in the
regeneration process has the separate and distinct purpose of
softening water. It is BSH's opinion that this water and energy
should not be included in the energy usage figures for washing
dishes. BSH would suggest a similar approach as used in EN50242 for
the Final Rule. EN 50242 does not include the water or energy used
in the water softening process in the dishwasher energy consumption
3. Requirements sought to be waived
Dishwashers are subjected to test methods outlined in 10 CFR
Part 430, Subpart B, App. C, Section 4.3, which specifies the method
for the water energy calculation.
To stay consistent with the recently approved Whirlpool
waiver, BSH is requesting approval to estimate the water and energy
used in the water softening process based on the design of the BSH
Dishwasher and the calculations and assumptions outlined above.
4. Grounds for Waiver and Interim Waiver
10 CFR 430.27 (a) (1) provides that a Petition to waive a
requirement of 430.23 may be submitted upon grounds that the basic
model contains one or more design characteristics which either
prevent testing of the basic model according to the prescribed test
procedures, or the prescribed test procedures may evaluate the basic
model in a manner so unrepresentative of its true energy consumption
characteristics as to provide materially inaccurate comparative
If a water softener regeneration process was to occur while
running an energy test, the water usage would be overstated. In this
case, the water energy usage would be unrepresentative of the
product providing inaccurate data resulting in a competitive
disadvantage to BSH.
Granting of an Interim Waiver in this case is justified since
the prescribed test procedures would potentially evaluate the basic
model in a manner so unrepresentative of its true energy consumption
characteristics as to provide materially inaccurate comparative
data. In addition, a similar Interim Waiver has been granted to
5. Manufacturers of Similar Products and Affected Manufacturers
Web based research shows that at least two other manufacturers
are currently selling dishwashers with an integrated water softener,
Miele Inc. and Whirlpool Corporation (Waiver Granted).
Manufacturers selling dishwashers in the United States include
AGA Marvel, Arcelik A.S., ASKO Appliances, Inc., Electrolux North
America, Inc., Fagor America, Inc., Fisher & Paykel Appliances, GE
Appliances and Lighting, Haier America, Indesit Company Sa,
KuppersbuschUSA, LG Electronics USA, Miele, Inc., Samsung
Electronics Co., Viking Range Corporation and Whirlpool Corporation.
BSH will notify all companies listed above (as well as AHAM), as
required by the Department's rules, providing them with a copy of
this Petition for Waiver and Interim Waiver.
BSH Home Appliances Corporation hereby requests approval of the
Waiver petition and Interim Waiver. By granting said Waivers the
Department of Energy will further ensure that water energy is
measured in the same way by all Dishwasher Manufacturer's that have
a integrated water softener. Further, BSH would request that these
Waivers be in good standing until such time that the test procedure
can be formally modified to account for integrated water softeners.
BSH Home Appliances certifies that all manufacturers of domestic
Dishwashers as listed above have been notified by letter. Copies of
these notifications are attached.
With Best Regards,
Senior Engineer, Performance and Consumption
BSH Home Appliances Corporation (FNbG)
100 Bosch Blvd., Building 102
New Bern, NC 28562-6924
Phone (252) 636-4334
Fax (252) 636-4450
[FR Doc. 2011-7448 Filed 3-29-11; 8:45 am]
BILLING CODE 6450-01-P