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Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Proposed Rules
identifies any relevant information regarding economic justification that does not fit into the other categories described previously, DOE could consider such information under other factors.
IV. Methodology and Discussion of Related Comments This section addresses DOEs consideration of the statutory factors and the analyses that DOE has performed for this proposed determination with regard to UFHWSTs.
Separate subsections address each component of the factors for DOEs consideration, as well as corresponding analyses to the extent conducted. DOE
used a spreadsheet tool to estimate the impact of potential energy conservation standards. This spreadsheet uses inputs from the energy use analysis and shipments projections and calculates a simplified NES expected to result from potential energy conservation standards.

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A. Market and Technology Assessment DOE develops information in the market and technology assessment that provides an overall picture of the market for the equipment concerned, including the purpose of the equipment, the industry structure, manufacturers, market characteristics, and technologies used in the equipment. This activity includes both quantitative and qualitative assessments, based primarily on publicly-available information. DOE
also conducted structured, detailed interviews with representative manufacturers. During these interviews, DOE discussed engineering, manufacturing, procurement, and financial topics to validate assumptions used in its analyses, and to identify key issues or concerns. These interviews were conducted under non-disclosure agreements NDAs, so DOE does not document these discussions in the same way that it does public comments in the comment summaries and DOEs responses throughout the rest of this document.
The subjects addressed in the market and technology assessment for this proposed determination include: 1 A
determination of the scope and equipment classes; 2 manufacturers and industry structure; 3 shipments information, 4 market and industry trends, and 5 technologies or design options that could improve the energy efficiency of UFHWSTs. The key findings of DOEs market assessment are summarized in the following subsections.

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1. Scope of Coverage and Equipment Classes
for the existing single equipment class covering all UFHWSTs.

In this analysis, DOE relied on the definition of UFHWSTs in 10 CFR
431.102, which defines an UFHWST as a tank used to store water that is heated externally, and that is industrial equipment. Any equipment meeting the definition of an UFHWST is included in DOEs scope of coverage. UFHWSTs are not currently divided into equipment classes i.e., there is a single equipment class covering all UFHWSTs.
In the August 2019 RFI, DOE
requested comment on whether the current definition of UFHWSTs requires any revisions, and whether any subcategory divisions should be added. 84
FR 39220, 39224 August 9, 2019. In response, BWC generally supported the definition of UFHWSTs as presented in the August 2019 RFI i.e., the current regulatory definition. Similarly, BWC
also stated that it does not believe any subcategory definitions should be created and that there is not an appropriate way to divide UFHWSTs into separate equipment classes. BWC, No. 5 at pp. 12 The CA IOUs encouraged DOE to ensure that any revised definitions of UFHWSTs maintain the current scope of coverage, and suggested that DOE should not consider establishing new equipment classes that are not currently available in the market. The CA IOUs also recommended that equipment class differentiations should be based on performancerelated features that are accessible to the layperson and is based on user operation. 5 CA IOUs, No. 3 at pp. 13
In this proposed determination, absent any indication that the scope of UFHWSTs as currently defined would benefit from amendment, DOE is not proposing any changes to the definition of UFHWSTs. Similarly, because DOE
does not have an indication that capacity or other performance characteristic justifies a different standard level, and because commenters did not provide any such indication, DOE is not proposing to divide UFHWSTs into separate equipment classes in this NOPD. Therefore, the analysis for this NOPD was conducted
2. Technology Options In the August 2019 RFI, DOE
identified several technology options that would be expected to improve the efficiency of UFHWSTs. 84 FR 39220, 39225 August 9, 2019. These technology options were based on manufacturer equipment literature and publiclyavailable technical literature.
Specifically, the technologies identified in the August 2019 RFI included the following:
Improved insulation R-value Increased insulation thickness Foam insulation Advanced insulation types D Aerogel D Vacuum panels D Inert gas-filled panels Pipe and fitting insulation Greater coverage of tank surface area with foam insulation e.g., tank bottom
5 The terminology accessible to the layperson and is based on user operation used by CA IOUs is quoted from a discussion of product utility written by DOE in the context of differentiating product classes in a March 12, 2015 notice of proposed rulemaking for energy conservation standards for residential nonweatherized gas furnaces and mobile home furnaces. 80 FR 13120, 13137. The full document is available at: https
www.regulations.gov/document?D=EERE-2014-BTSTD-0031-0032 Last accessed: July 22, 2020.

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3. Screening Analysis DOE uses the following five screening criteria to determine which technology options are suitable for further consideration in an energy conservation standards rulemaking:
1 Technological feasibility.
Technologies that are not incorporated in commercial equipment or in working prototypes will not be considered further.
2 Practicability to manufacture, install, and service. If it is determined that mass production and reliable installation and servicing of a technology in commercial equipment could not be achieved on the scale necessary to serve the relevant market at the time of the projected compliance date of the standard, then that technology will not be considered further.
3 Impacts on equipment utility or equipment availability. If it is determined that a technology would have significant adverse impact on the utility of the equipment to significant subgroups of consumers or would result in the unavailability of any covered equipment type with performance characteristics including reliability, features, sizes, capacities, and volumes that are substantially the same as equipment generally available in the United States at the time, it will not be considered further.
4 Adverse impacts on health or safety. If it is determined that a technology would have significant adverse impacts on health or safety, it will not be considered further.
5 Unique-Pathway Proprietary Technologies. If a design option utilizes
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