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Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Proposed Rules
other updates to many of these terms, as discussed in the following sections.
DOE requests comment on the proposal to replace the term toilet with water closet in 10 CFR 430.32q.
2. Electromechanical Hydraulic Toilet Versus Electro-Hydraulic Water Closet DOE regulations at 10 CFR 430.32q use the statutory term electromechanical hydraulic toilet 42
U.S.C. 6295k1A as the name of a product class subject to water standards.
DOE defines electromechanical hydraulic toilet as a water closet that utilizes electrically operated devices such as, but not limited to, air compressors, pumps, solenoids, motors, or macerators in place of or to aid gravity in evacuating waste from the toilet. 10 CFR 430.2. ASME A112.19.2
2018, however, uses the term electrohydraulic water closet, defined as a water closet with a non-mechanical trap seal incorporating an electric motor and controller to facilitate flushing. Both definitions include an electric motor as a mechanism to remove waste.
However, in the August 2019 RFI, DOE
tentatively concluded that the scope of the term electromechanical hydraulic toilet is broader because it also includes other electrically operated devices. 84 FR 37972.
In the August 2019 RFI, DOE
requested comment on whether the terms electromechanical hydraulic toilet and electro-hydraulic water closet are understood to include the same products, and any potential impact, including to testing burden, of adopting the term electro-hydraulic water closet and the corresponding definition in ASME A112.19.22018, as compared to maintaining the current DOE term electromechanical hydraulic toilet and its definition in 10 CFR
430.2. In response to the August 2019
RFI, PMI recommended that DOE adopt the term electro-hydraulic water closet as defined in the latest industry standard and to remove its current term electromechanical water closet. PMI, No. 3 at p. 2 PMI stated that the terms electro-hydraulic water closet and electromechanical hydraulic toilet are understood throughout the industry to include the same products. Id. The CA
IOUs recommended keeping the current term and definition and stated that the ASME definition for electro-hydraulic water closet is narrower in scope than the current DOE definition for electromechanical water closet. CA
IOUs, No. 4 at p. 3
DOE continues to view the current regulatory term electromechanical hydraulic toilet as broader in scope than ASMEs electro-hydraulic water
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closet because it includes water closets that use electrically operated devices in addition to electric motors e.g., air compressors, pumps, solenoids, motors or macerators. In this NOPR, DOE is not proposing to change the scope of the water closet test procedure. As such, DOE is not proposing to amend the definition of electromechanical hydraulic toilet at 10 CFR 430.2 other than by replacing the term toilet with water closet, as discussed in section III.C.1 of this document.
DOE requests comment on the proposal to replace the term electromechanical hydraulic toilet with electromechanical hydraulic water closet, while retaining the existing regulatory definition of electromechanical hydraulic toilet.
3. Blowout Toilet Versus Blowout Bowl DOE regulations use the statutory term blowout toilet 42 U.S.C.
6295k1A as the name of a product class subject to water standards at 10
CFR 430.32q. DOE defines this term at 10 CFR 430.2. DOE also uses the undefined terms blowout bowl and blowout water closets in section 3.a.ii of Appendix T. ASME A112.19.22018, on the contrary, defines the term blowout bowl and does not define the term blowout toilet. Although DOEs definition of blowout toilet and ASMEs definition of blowout bowl are not identical, they are similar, as illustrated in Table III1. DOEs definition of blowout toilet refers to the entire product, using the phrase water closet that uses a non-siphonic bowl, whereas ASMEs definition of blowout bowl refers specifically to the bowl portion of the product, using the phrase a non-siphonic water closet bowl. Within ASME A112.19.22018, the term blowout bowl is used in some instances to refer specifically to the type of bowl e.g., in contrast to a siphonic bowl or washdown bowl, and in other instances to refer to the entire water closet e.g. in contrast to a flushometer valve water closet.
In the August 2019 RFI, DOE
tentatively concluded that the terms blowout toilet and blowout bowl are synonymous and requested comment on this conclusion. 84 FR
37970, 37972. DOE also requested comment about any potential impact, including to testing burden, of adopting the term blowout bowl and the corresponding definition in ASME
A112.19.22018, as compared to maintaining the current DOE term blowout toilet and its definition in 10
CFR 430.2. In response to the August 2019 RFI, PMI and the CA IOUs both agreed with DOEs preliminary
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conclusions and suggested that DOE
should update the term blowout toilet to blowout bowl and define it per the latest ASME standard. PMI, No. 3 at p.
2; CA IOUs, No. 4 at p. 3.
As discussed previously, in this NOPR DOE further clarifies that blowout toilet refers to the entire water closet, whereas ASMEs definition of blowout bowl refers specifically to the bowl portion of the product only.
Therefore, DOE is not proposing to update the defined term blowout toilet in 10 CFR 430.2 with blowout bowl; rather, DOE is proposing to replace every instance of blowout toilet with blowout bowl water closet and to use the definition for blowout bowl provided in ASME
A112.19.22018 water closet is already defined in 10 CFR 430.2 to harmonize its regulations with the industry accepted definition. In addition, DOE proposes to replace all instances of blowout water closet in Appendix T and 10 CFR 430.32q with blowout bowl water closets to be consistent with the proposed updates.
DOE requests comment on the proposal to replace all instances of blowout toilet and blowout water closet in Appendix T and 10 CFR
430.32q with blowout bowl water closets.
In addition, the proposed definition from ASME A112.19.22018 for blowout bowl includes the term blowout action, which is also defined in ASME A112.19.22018. ASME
A112.19.22018 defines blowout action as a means of flushing a water closet whereby a jet of water directed at the bowl outlet opening pushes the bowl contents into the upleg, over the weir, and into the gravity drainage system.
To ensure a consistent understanding of the term blowout action DOE also proposes to define in the Federal test procedure the term blowout action as it is defined in ASME A112.19.22018.
DOE requests comment on the proposal to adopt the term blowout action and its corresponding definition from ASME A112.19.22018.
4. Gravity Flush Tank Water Closet Appendix T uses the term gravity flush tank water closet, which is not defined in 10 CFR 430.2. However, ASME A112.19.22018 defines this term, as shown in Table III1of this NOPR. In the August 2019 RFI, DOE
requested comment on whether this definition is consistent with how industry has understood and applied the term under DOE regulations, and whether there would be any potential impact to testing burden in adopting the
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