[Federal Register Volume 77, Number 109 (Wednesday, June 6, 2012)]
[Notices]
[Pages 33450-33453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13618]
[[Page 33450]]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. DW-008]
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
Energy.
ACTION: Notice of petition for waiver, notice of grant of interim
waiver, and request for comments.
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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 BSH petition.
DATES: DOE will accept comments, data, and information with respect to
the BSH petition until July 6, 2012.
ADDRESSES: You may submit comments, identified by case number DW-008,
by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Email: [email protected]. Include ``Case No.
DW-008'' 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-008, 1000 Independence Avenue SW., Washington, DC 20585-0121.
Telephone: (202) 586-2945. Please submit one signed original paper
copy.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite
600, Washington, DC 20024. Please submit one signed original paper
copy.
Docket: For access to the docket to review the background documents
relevant to this matter, you may visit the U.S. Department of Energy,
950 L'Enfant Plaza SW., Washington, DC 20024; (202) 586-2945, between
9:00 a.m. and 4:00 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 waivers and
rulemakings regarding similar dishwasher products. Please call Ms.
Brenda Edwards at the above telephone number for additional
information.
FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department
of Energy, Building Technologies Program, Mail Stop EE-2J, Forrestal
Building, 1000 Independence Avenue SW., Washington, DC 20585-0121.
Telephone: (202) 586-0371. Email: [email protected].
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.
Email: [email protected].
SUPPLEMENTARY INFORMATION:
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.
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\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated Part A.
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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. 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 must 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)) An interim waiver remains in effect for 180 days or until
DOE issues its determination on the petition for waiver, whichever is
sooner. DOE may extend an interim waiver for an additional 180 days. 10
CFR 430.27(h)
II. Application for Interim Waiver and Petition for Waiver
On March 27, 2012, BSH submitted the instant petition for waiver
and interim waiver from the test procedure applicable to dishwashers
set forth in 10 CFR part 430, subpart B, appendix C. In every respect
except the introduction of new model numbers, the instant petition is
identical to petitions submitted by BSH on February 4, 2011 and
December 7, 2011. DOE granted the February 4th petition on June 29,
2011 (76 FR 38144). DOE granted an interim waiver to BSH for the model
numbers specified in the December 7th petition and published that
petition for comment on April 2, 2012 (77 FR 19650).
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
[[Page 33451]]
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.
For the reasons discussed in previous waivers granted to Whirlpool
and BSH, DOE has determined that constant values should be used to
estimate the energy and water use due to softener regeneration. In its
petition, BSH requests that constant values of 47.6 gallons per year
for water consumption and 8.0 kWh per year for energy consumption be
used. BSH included calculations showing this water and energy use,
which was derived using the same method as that used by Whirlpool in
its petition for waiver, which was granted by DOE. (75 FR 62127, Oct.
7, 2010).
DOE has 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 has also determined, however, that
it is likely BSH's petition will be granted, and that it is desirable
for public policy reasons to grant BSH relief pending a determination
on the petition. Based on the information provided by BSH and
Whirlpool, use of the DOE test procedure may provide materially
inaccurate comparative data. In addition, the constant values submitted
by BSH provide a reasonable estimate of the energy and water used
during water softener regeneration for the basic model set forth in
this petition and BSH's previous petition.
Based on these considerations, and the waivers granted to BSH and
Whirlpool for similar models, it appears likely that the petition for
waiver will be granted. DOE also believes that the energy efficiency of
similar products should be tested and rated in the same manner. As a
result, DOE grants BSH's application for interim waiver for the basic
models of dishwashers specified in its petition for waiver, pursuant to
10 CFR 430.27(g). Therefore, it is ordered that:
The application for interim waiver filed by BSH is hereby granted
for the specified BSH dishwasher basic models, subject to the
specifications and conditions below.
BSH shall be required to test and rate the specified dishwasher
products according to the alternate test procedure as set forth in
section III, ``Alternate Test Procedure.''
The interim waiver applies to the following basic model groups:
Bosch brand:
Basic Model--SHX5ER
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 subsequent petition
for waiver and request for grant of interim waiver, as appropriate, for
additional models of clothes washers for which it seeks a waiver from
the DOE test procedure. In addition, DOE notes that grant of an interim
waiver or waiver does not release a petitioner from the certification
requirements set forth at 10 CFR part 429.
III. Alternate Test Procedure
EPCA requires that manufacturers use DOE test procedures to make
representations about the energy consumption and energy consumption
costs of products covered by the statute. (42 U.S.C. 6293(c))
Consistent representations are important for manufacturers to use in
making representations about the energy efficiency of their products
and to demonstrate compliance with applicable DOE energy conservation
standards. Pursuant to its regulations applicable to waivers and
interim waivers from applicable test procedures at 10 CFR 430.27, DOE
will consider setting an alternate test procedure for BSH in a
subsequent Decision and Order.
During the period of the interim waiver granted in this notice, BSH
shall test its dishwasher basic models according to the existing DOE
test procedure at 10 CFR part 430, subpart B, appendix C with the
modification set forth below.
Under appendix C, the water energy consumption, W or Wg, is
calculated based on the water consumption as set forth in Sect. 4.3:
Sec. 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 47.6
gallons/year of water and 8 kWh/year of energy shall be added to the
values measured by appendix C.
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 and grants an interim waiver. DOE is publishing BSH's
petition for waiver in its entirety. 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 WordPerfect,
Microsoft Word, Portable Document Format (PDF), or text (American
Standard Code for Information Interchange (ASCII)) file format and
avoid the use of special characters or any form of encryption. Wherever
possible, include the electronic signature of the author. DOE does not
accept telefacsimiles (faxes).
Issued in Washington, DC, on May 24, 2012.
Timothy Unruh,
Acting Deputy Assistant Secretary, Energy Efficiency and Renewable
Energy.
March 27, 2012
The Honorable Dr. Henry C. Kelly, Assistant Secretary, Energy
Efficiency and Renewable Energy, U.S. Department of Energy, Mail
Station EE-10, 1000 Independence Avenue SW., Washington, DC 20585, Via
email ([email protected]) and overnight mail
Re: Petition for Waiver and Application for Interim Waiver concerning
the
[[Page 33452]]
measurement of water and energy used in the water softening
regeneration process of Dishwashers having an Integrated Water Softener
Dear Assistant Secretary Kelly: 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
Irvine, 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 is identical to Waiver Case Number DW-005
(and a pending waiver) previously granted to BSH Home Appliance
Corporation with the only modification being to add additional model
numbers. Further, the water softening technology used in these models
is identical to the models that were previously approved.
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 Dishwasher models manufactured by BSH which contain an
integrated water softener and were not included in previous Waiver
applications is as follows:
Bosch brand:
Basic Model--SHX5ER
2. Background
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 agent usage.
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 dependent 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).
Calculations
Water Use
Based on the DOE Energy Test for Dishwashers, the BSH
Dishwashers listed in this waiver with an internal water softener use
an average of 6.65 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 6.65 liters of water per run,
the water regeneration process would occur every 6th cycle.
When using the Dishwasher 215 times per year (per DOE test
procedure), the regeneration process would occur 35.8 times (36).
The internal BSH water softening system uses 4.97 liters
(5.0) per regeneration cycle.
Water usage calculation based on above data.
[cir] 36 x 5 = 180 liters per year (47.6 gallons) or .84 liters
(.22 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--180 x 39 x .00115 = 8.0 kWh/yr
Summary
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. 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 .84 liters
(.22 gallons) per use; furthermore, using about 8.0 kWh per year to
heat this water in the home hot water heater.
Note: Contrary to current DOE direction, in BSH's opinion the water
used in the Water Softening regeneration process has the separate and
distinct purpose of softening water and we do not feel that this water
and energy should be included in the energy usage figures for washing
dishes. EN 50242 does not include the water or energy used in the water
softening process in the dishwasher energy consumption calculation and
BSH would suggest adopting a similar approach as used in EN50242 when
the test procedure is updated.
3. Requirements sought to be waived
Dishwashers are subjected to test methods outlined in 10 CFR Part
430,
[[Page 33453]]
Subpart B, App. C, Section 4.3, which specifies the method for the
water energy calculation.
To stay consistent with the recently approved Dishwasher
waivers for units with a water softener, 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 data.
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 and Waiver have previously been
granted to BSH.
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, Kuppersbusch USA, 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.
6. Conclusion
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,
Mike Edwards
Senior Engineer, Performance and Consumption, BSH Home Appliances
Corporation (FNbG), 100 Bosch Blvd., Building 102, New Bern, NC
28562-6924, [email protected], www.boschappliances.com, Phone
(252) 636 4334, Fax (252) 636 4450
[FR Doc. 2012-13618 Filed 6-5-12; 8:45 am]
BILLING CODE 6450-01-P