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Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Proposed Rules
urinals, respectively. Therefore, the ASME A112.19.22018 rounding resolution reflects the resolution specifications of the equipment required for use in the test procedure.
Further, section 7.3.3 and 8.6.2 of ASME A112.19.22018 requires that the tests be repeated three times at each of the test pressures. The final measured flush volume for each tested unit is the average of the total flush volumes recorded at each test pressure. In addition, DOE sampling requirements for represented values of water consumption requires that the minimum number of units tested shall be no less than two. See 10 CFR 429.30 and 10
CFR 429.31. Although ASME
A112.19.22018 specifies measuring flush volume with a vessel, load cell, or apparatus capable of measuring volumes to within 0.25 L 0.07 gal, in all likelihood the repetition of the test and the sampling requirements would average together a range of variations around the nominal measurement;
therefore, any variation in the final reported value resulting from the specified apparatus resolution is likely to be less than the maximum theoretical level of variation indicated by the commenters.
DOE expects that changes in equipment resolution and rounding requirements could require currently certified water closets and urinals to be retested and recertified. Currently, DOE
has no indication that manufacturers are using the ASME A112.19.22018
instrument resolution and rounding requirements as a means for exceeding the DOE standard. Further, the benefits from improved resolution would be uncertain given the testing and sampling requirements discussed, but could create additional manufacturer burden. For these reasons, DOE is proposing to maintain the current specifications in Appendix T regarding measurement and rounding specifications.
DOE requests comment on maintaining the current instrument resolution specifications. DOE also requests comment on whether it should specify implementing an instrument resolution of 0.01 to match the DOE
reporting requirements, and the associated testing or reporting burden associated with such a change.
DOE requests comment on the level of precision used by industry and test laboratories for measuring and rounding when performing tests for water consumption. Specifically, DOE
requests comment on whether the apparatus used for testing generally has a resolution of 0.25 L 0.07 gal or whether the resolution is more precise.

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G. Sampling In the August 2019 RFI, DOE
requested comment on measures that, consistent with EPCA, could be taken to lower the cost of its regulations that apply to water closets and urinals. 84
FR 37972. In response, PMI
recommended removing the sample size requirement and instead, calculating the represented value based on only one sample, in line with the ASME
standard. PMI, No. 3 at p. 2 PMI
acknowledged that, while there are reasons for testing more than one sample, the cost of compliance could be lowered by reducing sample size. Id.
The sampling provisions for water closets in 10 CFR 429.11 and 10 CFR
429.30 require testing at least two units.
As PMI acknowledged, there are reasons for testing more than one sample.
Relying on a sample size of at least two units is important to account for manufacturing variability and test uncertainty. Testing a minimum of two units and the associated statistics provide a sampling that is more representative of the total population of units than testing of only a single unit.
For this reason, DOE is proposing to retain the minimum sample size of two units.
H. 10 CFR 430.23

Nomenclature
10 CFR 430.23u and v provide the test procedures for the measurement of water consumption for water closets and urinals, respectively. 10 CFR 430.23u requires that the maximum permissible water use allowed for water closets, expressed in gallons and liters per flush gpf and Lpf, shall be measured in accordance to section 3a of appendix T of this subpart. Similarly, 10 CFR
430.23v requires that the maximum permissible water use allowed for urinals, expressed in gallons and liters per flush gpf and Lpf, shall be measured in accordance to section 3b of appendix T of this subpart. The language maximum permissible water use in the aforementioned sections is incorrect, as the test procedures measure water use, and the term maximum permissible water use is instead descriptive of a water conservation standard. As such, DOE is proposing to replace the language the maximum permissible water use allowed in 10 CFR 430.23u and 10
CFR 430.23v with the water use.
This amendment would clarify that the DOE test procedures measure water use, whereas the standards in 10 CFR
430.32q and r establish the maximum allowable water use for water closets and urinals, respectively.

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DOE requests comment on the proposed updates for water closets and urinals to replace maximum permissible water use allowed with water use in 10 CFR 430.23u and v, respectively.
I. Dual-Flush Water Closets The CA IOUs recommended that DOE
consider the differences between singleand dual-flush water closets, and that DOE further research and differentiate between water closet classes. CA IOUs, No. 4 at p. 2 The CA IOUs stated that the CA IOU CASE Report indicated insufficient data on dual-flush water closet usage patterns in real buildings to justify or verify what the CA IOUs described as a 2:1 flush ratio in the current water closet test procedure. The CA IOUs recommended that DOE
consider an approach that takes the sum of the flush volumes from both flushes in the dual-flush, also known as the fullvolume flush, into account. Id.
A dual-flush water closet is defined as a water closet incorporating a feature that allows the user to flush the water closet with either a reduced or a full volume of water. 10 CFR 430.2. The Federal test procedure does not include a 2:1 full-volume to reduced-volume flush ratio to determine a representative flush volume for dual-flush water closets, or average flush volume for dual flush water closets. Rather, section 3.a of Appendix T requires measuring the water flush volume for dual flush water closets separately for the full-flush and reduced-flush modes in accordance with section 7.4 of ASME A112.19.2
2008, but does not provide a method for averaging the results from testing the two modes. Because the water use standards in 10 CFR 430.32q are based on maximum allowable water use, certification reports and compliance with standards are based on the flush volume obtained from testing the fullflush mode. 10 CFR 429.30b2.
In the October 2013 final rule, DOE
determined that it did not have sufficient evidence on which to base a test procedure for representative average water use for dual-flush water closets i.e., representative water use reflecting an average of the full and reduced flush modes. 78 FR 62970, 62976.
Furthermore, DOE stated that it was not establishing either a separate standard or separate certification requirements for the full-flush and reduced-flush modes for dual-flush water closets. Id.
DOE does not have information or data that would suggest a different determination is warranted.
In the October 2013 final rule, DOE
also emphasized that manufacturers, distributors, retailers, and private
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