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Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Proposed Rules labelers are not permitted to make any representations of water use for dualflush water closets other than the maximum flush volume e.g., average representative water use reflecting an average of the full and reduced flush modes because DOE did not adopt a test procedure to calculate average representative water use for dual-flush water closets. Id. Under 42 U.S.C.
6293c1 and 2, no manufacturer, distributor, retailer, or private labeler may make any representation with respect to the water use of a water closet unless that representation is based on testing conducted in accordance with the relevant DOE test procedures. Id.
The Environmental Protection Agency EPA WaterSense program 16 has a specification for measuring the flush volume of dual-flush water closets and uses a weighted average of the full and reduced flush volumes for residential toilets. In the October 2013 final rule, DOE stated that parties may state that a dual-flush water closet complies with the requirements of EPAs WaterSense program, either in writing or through use of the appropriate WaterSense label, as long as such representations are made in accordance with EPA specifications and such representations do not include a specific value of average representative water use. 78 FR 62970, 62976.
J. Additional Comments DOE also received comments related to standards for dual-flush water closets and installation of generic replacement flapper valves. As explained below, both topics are beyond the scope of this test procedure rulemaking.
The CA IOUs recommended amending the standard for dual-flush toilets to a maximum of 1.28 gpf for the full-volume flush. CA IOUs, No. 4 at p.
2 As stated, DOE is issuing this NOPR
as part of its obligation to review test procedures for these products. This follows EPCAs direction that if the requirements of ASME A112.19.61990
are revised at any time and approved by ANSI, DOE must amend the Federal test procedures to conform to the revised ASME/ANSI requirements, unless DOE
determines by rule that to do so would not meet the statutory requirements for test procedures. 42 U.S.C.
6293b8B Additionally, this NOPR
addresses the periodic review of test procedures required by EPCA. 42
16 WaterSense is a voluntary partnership program administered by the EPA that, among other activities, promotes water conservation by providing certification and labeling for water consuming products, including water closets, that meet certain water conservation limits beyond the mandatory standards DOE implements.

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U.S.C. 6293b1 The maximum water use standards for water closets are not part of the test procedure and are therefore outside the scope of this rulemaking.
Reaves commented that current test procedure for toilets do not consider the full life cycle of the products being tested and unintentionally result in a significantly inflated measured water savings. Reaves, No. 6 at p. 1 Reaves stated that installation of generic replacement flapper valves after initial installation often eliminates most of the estimated and expected lifetime water savings. Id. Reaves recommended that the test procedure consider the toilet flush volume specification with readily available market replacement parts expected to be used upon flapper valve replacement to achieve the water savings promised by standards. Id.
DOEs energy conservation standards and test procedures apply to new water closets. 42 U.S.C. 6302a5; see also, 78 FR 62977 October 23, 2013. As such, the DOE test procedure for water closets addresses the product as manufactured, not as it may subsequently be modified by the consumer. As a result, consideration of replacement flapper valves is outside the scope of this rulemaking.

As stated in the September 2018 RFI, DOE recognizes that manufacturers are developing connected products, allowing for options such as remote control access, automatic supply replenishment, and intelligent energy consumption. 83 FR 46887. DOE is seeking to avoid inhibiting the market for smart products through its standards and test procedure development process. Id. Appendix T
measures the flush volume of a single flush, and does not measure water levels in water closets or overflow. Under Appendix T, the procedures for measuring flush volume of water closets and urinals do not distinguish between flushing mechanisms activated manually as compared to those activated by sensor; therefore, the procedures would not impede the use of sensors. The CA IOUs did not indicate that the technologies it referenced are impeded by either the DOE test procedure or compliance with the maximum water use standard. DOE will continue to evaluate advances in sensors and smart technology, including any efforts to address these issues by industry.

K. Smart and Connected Technologies The August 2019 RFI sought comments, data and information on the issues related to the emerging smart technology market as they may apply to water closets and urinals. 84 FR 37973.
The August 2019 RFI referenced a separate RFI on the emerging smart technology appliance and equipment market, in which DOE requested information to better understand related market trends and other issues to ensure that DOE did not inadvertently impede innovation while fulfilling its statutory obligations. 83 FR 46886 Sept. 17, 2018; September 2018 RFI.
In response to the August 2019 RFI, the CA IOUs commented that emerging technologies and smart technologies are applicable to water closets and urinals and should be considered in this and future test procedures. CA IOUs, No. 4
at p. 3 The CA IOUs stated that sensor technology has improved significantly and there is more widespread adoption of electronic, hands free flushing operations. Id. They also stated that there have been developments in sensor technology that allow for more reliable testing of water level. Id The CA IOUs recommended further evaluation of this and other sensors including ultrasonic, mechanical vibration-based approaches, and radio-frequency identification RFID readers. Id.

In section 2 of Appendix T, DOE
references the term instrumentation, several times. However, the term instrumentation is not used in the industry standard; rather, the synonymous term apparatus is used.
Apparatus is also used throughout Appendix T, in addition to instrumentation. Therefore, to maintain consistency with the nomenclature used in ASME
A112.19.22018, DOE is proposing to replace the term instrumentation with apparatus in Appendix T.
DOE requests comment on the proposal to replace the term instrumentation with apparatus.

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L. Replacing Instrumentation With Apparatus in Appendix T

M. Test Procedure Costs, Harmonization, and Other Topics 1. Test Procedure Costs and Impact EPCA requires that test procedures proposed by DOE not be unduly burdensome to conduct. 42 U.S.C.
6314a2. In this NOPR, DOE is proposing to amend the existing test procedures for water closets and urinals by incorporating by reference the most recent version of the referenced industry standard, ASME A112.19.22018;
updating the term blowout toilet to blowout bowl; and adding definitions for the terms gravity flush tank water closet, siphonic action, siphonic bowl, and trough-type urinal, which
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