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Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Proposed Rules
average use cycle or period of use and not be unduly burdensome to conduct.
42 U.S.C. 6293b3 Accordingly, DOEs test procedure for water closets is designed to measure water use. Any qualityor performance-based measures, such as the ability of a water closet to eliminate solid waste, are outside the scope of EPCAs requirements for DOE
test procedure.
Outside the context of a test procedure rulemaking, EPCA does direct DOE to consider potential impacts to product utility, specifically when evaluating new and amended standards. 42 U.S.C.
6295o2BiIV In evaluating design options and the impact of potential standard levels in the context of an energy conservation standard rulemaking, DOE evaluates potential standards that would not lessen the utility or performance of the considered products. Id. However, this analysis is beyond the scope of this NOPR.
E. Averaging Water Consumption Across Various Test Pressures Appendix T requires water closets and urinals to be tested at various test pressures, as specified in Table III2.
Appendix T also requires that a test be performed three times at each required pressure. The final measured flush volume for each tested unit is the average of the total flush volumes recorded at all test pressures.

TABLE III2REQUIRED TEST
PRESSURES IN APPENDIX T

Product configuration
Flushometer valve water closets with siphonic bowl
Flushometer valve water closets with a blowout bowl
Tank-type water closets
Urinals

Test pressures pounds per square inch psi 35, 80
45, 80
20, 50, 80
25, 80

NRDC and ASAP commented that the averaging of results from the specified test pressures to determine the water consumption of a water closet or urinal is not representative of product performance in the real world. NRDC
and ASAP, No. 5 at p. 3 These commenters stated that while water pressure may vary substantially across a utility service area, the water pressure at which a single water closet operates would have an expected variation in the 5 to 10 psi range. Id. NRDC and ASAP
stated that averaging under the DOE test procedure produces a composite result
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similar to that obtained at a mid-range test pressure. Additionally, citing an analysis of water pressure data from California, they stated the actual system pressures are more likely to be closer to the higher end of the pressure range rather than the lower end. Id.
Accordingly, NRDC and ASAP
recommended that, for both water closets and urinals, DOE require that the average of flush volumes at each test pressure not exceed the maximum flow rate requirement, rather than the average flush volume across all test pressures, and that the reported value be the highest of the averages. NRDC and ASAP, No. 5 at pp. 34 NRDC and ASAP asserted that these recommended changes simply represent a revision to the calculation of reported test data and would not require additional testing or test apparatus, and thus would not increase the testing burden on manufacturers. Id.
As stated, EPCA requires that the test procedures for water closets and urinals be reasonably designed to produce test results which reflect water use during a representative average use cycle. 42
U.S.C. 6293b3 Water pressure can vary based on the site of installation of a water closet or urinal. Reflecting a range of water pressures in the calculated and reported flush volume provides an average representation. A
flush volume reflecting a single water pressure would be less representative of the flush volumes of water closets and urinals installed at locations that do not experience that same water pressure.
Moreover, the analysis cited by NRDC
and ASAP regarding water pressures experienced across water systems is specific to California and, as such, may not be representative nationally. In a separate proceeding involving clothes washers, the California Energy Commission CEC presented several differences in Californias water systems relative to the rest of the nation.14
Specifically, CEC noted that Californias water supply situation is unique in scope and scale compared to other states Docket No. EERE2006
STD01240010, CEC, No.1 at p. 11 As such, an analysis of water pressure in California may not be representative of water pressure nationally. DOE is not aware of available national-level data on 14 U.S. Department of EnergyOffice of Energy Efficiency and Renewable Energy. Petition to Exempt from Preemption Californias Water Efficiency Standards for Residential Clothes Washers. 2005. Last accessed December 13, 2019.
The September 2005 material from this website is available in Docket EERE2006STD01240010
at www.regulations.gov.

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water pressure levels in residential dwellings.
The requirement in Appendix T to average the total flush volumes recorded at all test pressures is consistent with ASME A112.19.22018, which is an industry consensus standard. The ASME industry-consensus process includes input from a wide variety of national stakeholders. For all the reasons DOE discussed in this section, DOE is not proposing changes to the water pressure and averaging requirements in Appendix T.
DOE requests comment on whether the current test method of averaging of results from the different test pressures to determine the water use of a water closet or urinal is representative of an average use cycle or period of use, and is not unduly burdensome to conduct.
DOE requests comment and data regarding water pressures at product installation sites, and information on how water pressures vary in different locations across the nation.
DOE also proposes to remove the static pressure requirements for flushometer valve water closets with a siphonic bowl and blowout bowl in section 3.a.ii. of Appendix T, and instead reference the static pressure requirement provided in Table 5 of ASME A112.19.22018. As discussed in the October 2013 Final Rule, stakeholders commented that ASME
A112.19.22008 the version of the standard currently incorporated by reference in Appendix T published incorrect static pressure requirements for flushometer valve water closets and that the industry standard committee would be addressing this error in the subsequent version of the standard. 78
FR 62970, 62977. DOE specified the correct static pressures as part of the regulatory text in Appendix T in the October 2013 final rule. 78 FR 62970, 62977 In this NOPR, DOE is proposing to incorporate by reference ASME
A112.19.22018, which includes the correct static pressure requirements.
These static pressure requirements mirror the static pressure requirements currently specified in Appendix T.
DOE requests comment on removing the static pressure requirements in Appendix T section 3.a.ii. and instead referencing the static pressure requirement provided in Table 5 of ASME A112.19.22018.
Finally, in section 3.b of Appendix T, DOE proposes to replace the reference to section 8.6.4 of ASME A112.19.22008
with Table 6 of ASME A112.19.22018.
Section 8.6.4 in ASME A112.19.22008
is referenced to specify the test pressures required for testing. Section 8.6.4 of ASME A112.19.22008 and the
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