[Federal Register Volume 79, Number 94 (Thursday, May 15, 2014)]
[Proposed Rules]
[Pages 27778-27795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11218]
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DEPARTMENT OF ENERGY
10 CFR Part 431
[Docket No. EERE-2014-BT-DET-0009]
RIN 1904-AD27
Preliminary Determination Regarding Energy Efficiency
Improvements in ANSI/ASHRAE/IES Standard 90.1-2013: Energy Standard for
Buildings, Except Low-Rise Residential Buildings
AGENCY: Energy Efficiency and Renewable Energy, Department of Energy.
ACTION: Notice of preliminary determination.
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SUMMARY: The U.S. Department of Energy (DOE) has preliminarily
determined that the 2013 edition of the ANSI/ASHRAE/IES \1\ Standard
90.1:
[[Page 27779]]
Energy Standard for Buildings, Except Low-Rise Residential Buildings
would improve energy efficiency in buildings subject to the code
compared to the 2010 edition of Standard 90.1. DOE has preliminarily
determined that buildings built to Standard 90.1-2013, as compared with
buildings built to Standard 90.1-2010, would result in national source
energy savings of approximately 8.5 percent and site energy savings of
approximately 7.6 percent of commercial building energy consumption. If
this determination is finalized, States would be required to certify
that they have reviewed the provisions of their commercial building
code regarding energy efficiency, and, as necessary, updated their
codes to meet or exceed Standard 90.1-2013. Additionally, this notice
provides guidance to States on certifications and requests for
extensions of deadlines for certification statements.
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\1\ American National Standards Institute (ANSI)/American
Society of Heating, Refrigerating, and Air-Conditioning Engineers
(ASHRAE)/Illuminating Engineering Society (IES).
DATES: Comments on the preliminary determination must be provided by
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June 16, 2014.
ADDRESSES: Any comments submitted must identify provide docket number
EERE-2014-BT-DET-0009, or Regulatory Information Number (RIN), 1904-
AD27. Comments may be submitted using any of the following methods:
1. Federal eRulemaking Portal: Regulations.gov. Follow the
instructions for submitting comments.
2. Email: [email protected]. Include the
docket number and/or RIN in the subject line of the message.
3. Postal Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Office, EE-5B, 1000 Independence Avenue SW.,
Washington, DC 20585-0121. If possible, please submit all items on a
CD, in which case it is not necessary to include printed copies.
4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Office, 950 L'Enfant Plaza SW., Suite
600, Washington, DC 20024. Telephone: (202) 586-2945. If possible,
please submit all items on a CD, in which case it is not necessary to
include printed copies.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see section VIII of this
document (Public Participation).
Docket: The docket, which includes Federal Register notices,
comments, and other supporting documents/materials, is available for
review at Regulations.gov. All documents in the docket are listed in
the Regulations.gov index. However, some documents listed in the index,
such as those containing information that is exempt from public
disclosure, may not be publicly available.
A link to the docket Web page can be found at: http://www.energycodes.gov/regulations/determinations. This Web page will
contain a link to the docket for this notice on the Regulations.gov
site. The regulations.gov Web page will contain simple instructions on
how to access all documents, including public comments, in the docket.
See section VIII for further information on how to submit comments
through Regulations.gov.
For further information on how to submit a comment, review other
public comments and the docket, or participate in the public meeting,
contact Ms. Brenda Edwards at (202) 586-2945 or by email:
[email protected].
FOR FURTHER INFORMATION CONTACT:
Jeremiah Williams; U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, 1000 Independence Avenue SW., EE-5B,
Washington, DC 20585; (202) 287-1941; [email protected].
For legal issues, please contact Ami Grace-Tardy; U.S. Department of
Energy, Office of the General Counsel, 1000 Independence Avenue SW.,
GC-71, Washington, DC 20585; (202) 586-5709; [email protected].
SUPPLEMENTARY INFORMATION:
I. Statutory Authority
II. Introduction
III. Methodology
IV. Summary of Findings
V. Preliminary Determination Statement
VI. State Certification
VII. Regulatory Review and Analysis
VIII. Public Participation
I. Statutory Authority
Title III of the Energy Conservation and Production Act, as amended
(ECPA), establishes requirements for building energy conservation
standards, administered by the DOE Building Energy Codes Program. (42
U.S.C. 6831 et seq.) Section 304(b), as amended, of ECPA provides that
whenever the ANSI/ASHRAE/IESNA Standard 90.1-1989 (Standard 90.1-1989
or 1989 edition), or any successor to that code, is revised, the
Secretary of Energy (Secretary) must make a determination, not later
than 12 months after such revision, whether the revised code would
improve energy efficiency in commercial buildings, and must publish
notice of such determination in the Federal Register. (42 U.S.C.
6833(b)(2)(A)) The Secretary may determine that the revision of
Standard 90.1-1989, or any successor thereof, improves the level of
energy efficiency in commercial buildings. If so, then not later than 2
years after the date of the publication of such affirmative
determination, each State is required to certify that it has reviewed
and updated the provisions of its commercial building code regarding
energy efficiency with respect to the revised or successor code. (42
U.S.C. 6833(b)(2)(B)(i)) Each State must include in its certification a
demonstration that the provisions of its commercial building code,
regarding energy efficiency, meet or exceed the revised Standard. (42
U.S.C. 6833(b)(2)(B)(i))
If the Secretary makes a determination that the revised Standard
will not improve energy efficiency in commercial buildings, State
commercial codes shall meet or exceed the last revised Standard for
which the Secretary has made an affirmative determination. (42 U.S.C.
6833(b)(2)(B)(ii)) On October 19, 2011, DOE published a final
determination in the Federal Register updating the reference code to
Standard 90.1-2010. (76 FR 64904)
ECPA requires the Secretary to permit extensions of the deadlines
for the State certification if a State can demonstrate that it has made
a good faith effort to comply with the requirements of Section 304(c)
of ECPA and that it has made significant progress in doing so. (42
U.S.C. 6833(c)) DOE is also directed to provide technical assistance to
States to support implementation of State residential and commercial
building energy efficiency codes. (42 U.S.C. 6833(d))
II. Introduction
ASHRAE and IES approved the publication of the 2013 edition of
Energy Standard for Buildings Except Low-Rise Residential Buildings in
October 2013. The Standard is developed under ANSI-approved consensus
procedures,\2\ and is under continuous maintenance by a Standing
Standard Project Committee. ASHRAE has established a program for
regular publication of addenda, or revisions, including procedures for
timely, documented, consensus action on requested changes to the
Standard. ANSI approved the final addendum for inclusion in the 2013
edition in
[[Page 27780]]
September 2013. Standard 90.1-2013 was published in October 2013.\3\
More information on ANSI/ASHRAE/IES Standard 90.1-2013 is available at:
https://www.ashrae.org/resources-publications/bookstore/standard-90-1.
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\2\ An overview of the ANSI consensus process is available at
http://www.ansi.org/standards_activities/domestic_programs/overview.aspx?menuid=3.
\3\ ASHRAE press release available at https://www.ashrae.org/news/2013/ashrae-ies-publish-2013-energy-standard-changes-for-envelope-lighting-mechanical-sections.
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III. Methodology
In arriving at a preliminary determination, DOE reviewed all
changes between the 2013 and 2010 editions of Standard 90.1. Standard
90.1 is complex and covers a broad spectrum of the energy-related
components and systems in buildings, ranging from simpler commercial
buildings to more complex hospitals and laboratory facilities. Standard
90.1-2013 was developed through the same approach as the previous 2010
edition, which involves committee approval through a consensus process
consistent with ANSI procedures for developing industry standards. The
2013 edition contains no significant changes to the overall scope or
the structure of the Standard. As a result, DOE preliminarily
determined that the methodology used for the analysis of Standard 90.1-
2010 should again be utilized for the analysis of Standard 90.1-2013.
Overview of Methodology
The analysis methodology used by DOE contains both qualitative and
quantitative components. A qualitative comparison is undertaken to
identify textual changes between requirements in Standard 90.1-2013 and
Standard 90.1-2010, followed by a quantitative assessment of energy
savings conducted through whole-building simulations of buildings
constructed to meet the minimum requirements of each Standard over the
range of U.S. climates. A discussion of the analysis methodology, which
was developed through public comment in past DOE determinations, can be
found in the Notice of Preliminary Determination for Standard 90.1-2007
(75 FR 54117) and Notice of Preliminary Determination for Standard
90.1-2010 (76 FR 43298).
Consistent with its previous determinations, DOE compared overall
editions of Standard 90.1. DOE interprets the language in Section
304(b)(2) of ECPA to mean that when a comprehensive revision of the
ASHRAE Standard is published (which in this case is ASHRAE Standard
90.1-2013), then that revised or successor Standard triggers the
Secretary's obligation to issue a determination as to whether the
revised Standard improves energy efficiency in commercial buildings.
(See 42 U.S.C. 6833(b)(2)(A)) This determination is made by comparing
the revised or successor Standard to the last predecessor Standard.
While the continuous addenda review and update process is part of the
ongoing maintenance of the Standard, DOE does not interpret each
addendum update after the release of the full standard as an additional
``revised or successor standard'' requiring a determination by the
Secretary.
Consideration for Technological and Economic Factors
Section 304(b) of ECPA states that the Secretary is required to
make a determination as to whether any successor standard to ASHRAE
Standard 90.1-1989 will improve energy efficiency. (42 U.S.C.
6833(b)(2)(A)) Section 304 of ECPA does not include any reference to
economic justification.
Separate from the Secretary's determination under section 304(b),
section 307 of ECPA requires DOE to periodically review the economic
basis of the voluntary building energy codes and participate in the
industry process for review and modification, including seeking
adoption of all technologically feasible and economically justified
energy efficiency measures. (42 U.S.C. 6836(b)) DOE fulfills this
obligation in two ways. First, the ASHRAE process, in which DOE
participates, provides consideration for the feasibility and economics
of proposed addenda, with a defined methodology applied to test the
cost-effectiveness of individual addenda. Next, DOE performs
independent analysis of Standard 90.1 as part of its direction to
assist States implementing building energy codes. (ASHRAE consideration
for cost-effectiveness and technical assistance provided by DOE is
further explained below.)
The development of ASHRAE standards is based upon the ANSI
consensus process, which ensures participation by any interested party,
with representatives classified as producer (e.g., industry), user
(e.g., owners and designers), and general (e.g., government
representatives or other general interests) segments of the building
industry coming together to develop a consensus-based standard. DOE is
an active participant in this process, and provided technical support
to the development of the Standard through Pacific Northwest National
Laboratory (PNNL). This approach allows DOE to meet its statutory
obligation to participate in the industry process to review and modify
Standard 90.1, and to seek adoption of all technologically feasible and
economically justified energy efficiency measures. (42 U.S.C. 6836(b))
The ASHRAE development process requires extensive committee
deliberation and public review of each change to Standard 90.1,
including consideration for the cost-effectiveness of proposed changes.
One of the objectives considered by the committee developing Standard
90.1 is for the requirements of the Standard to be cost-effective for
use in the public and private sectors. In recent years, one of the
primary support functions provided by PNNL is assistance in the
development of cost-effectiveness analyses that are considered by the
development committee. Some proposed changes to the Standard do not
require a cost-effectiveness evaluation, such as the following:
Changes that do not add cost to the building or where the
added cost would be negligible;
Changes intending to clarify existing requirements of the
Standard or to improve compliance with existing requirements of the
Standard;
Changes to external references that are included in the
Standard; or
Changes that reflect Federal requirements, such as
appliance and commercial equipment standards.
When evaluating proposed changes to the Standard where an
additional cost to the building is anticipated, Standard 90.1 uses a
defined methodology known as the Scalar Method \4\ to ensure that
Standard 90.1 is cost effective. This method is based on ASTM Standard
E917--Standard Practice for Measuring Life-Cycle Costs of Buildings and
Building Systems. Standard 90.1 has simplified the life-cycle cost
(LCC) model in ASTM Standard E917 by condensing the economic variables
into a single variable called the Scalar Ratio, which is simply a ratio
of economic present worth factors. A maximum scalar ratio of 21.9,
corresponding to a measure life of 40 years was used in the development
of Standard 90.1-2013. This ratio is mathematically equivalent to a LCC
analysis using the following parameters:
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\4\ M.F. McBride, ``Development of Economic Scalar Ratios for
ASHRAE Standard 90.1 R,'' (presented at the Thermal Performance of
the Exterior Envelopes of Buildings VI, ASHRAE, 1995), available at
http://consensus.fsu.edu/FBC/2010-Florida-Energy-Code/901_Scalar_Ratio_Development.pdf .
[[Page 27781]]
Table III.1--ASHRAE Scalar Ratio Economic Parameters
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Parameter Rate (percent)
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Economic Life.......................... Up to 40 years.
Loan Interest Rate..................... 6.25.
Heating Fuel Escalation Rate........... 3.76.
Cooling Fuel Escalation Rate........... 3.76.
Federal Tax Rate....................... 34.
State Tax Rate......................... 6.5.
Nominal Discount Rate.................. 7.
Real Discount Rate..................... 6.05.
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The above economic parameters are vetted and updated by ASHRAE at
the beginning of each three-year Standard 90.1 development cycle. If
the scalar ratio for a particular measure is less than the scalar ratio
limit established by the measure life and the parameters presented
above, then the measure is considered cost-effective. The scalar ratio
for a proposal is determined by the following equation:
[GRAPHIC] [TIFF OMITTED] TP15MY14.008
It should be noted that Standard 90.1 evaluates the cost-
effectiveness of individual addenda, as applicable, but does not
evaluate the cost-effectiveness of the Standard as a whole. However,
this information is often desired by States to inform processes to
update State energy codes. To address this need, and as part of DOE's
direction to provide technical assistance to support the implementation
of State energy efficiency codes (42 U.S.C. 6833(d)), DOE has worked
with States to help them understand the energy and economic impacts
associated with updated model energy codes. This approach allows DOE
and the States to identify and collect necessary data, as available,
and work with individual States to understand localized costs,
construction practices, and unique State scenarios. DOE provided such
State-level cost-effectiveness analysis for States considering adoption
of recent editions of Standard 90.1,\5\ and plans to provide similar
analysis for the 2013 edition by December 31, 2014.
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\5\ Thornton et al., Cost-Effectiveness of ASHRAE Standard 90.1-
2010 Compared to ASHRAE Standard 90.1-2007 (PNNL, Richland, WA (US),
November 2013), available at http://www.pnnl.gov/main/publications/external/technical_reports/pnnl-22972.pdf.
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In preparation for future technical assistance activities, DOE is
interested in receiving stakeholder feedback on the Department's
practice of providing cost-effectiveness analysis to support State
energy code adoption. DOE has issued past requests for information to
guide the Department in establishing an appropriate methodology for
evaluating the cost effectiveness of building energy codes (78 FR
47677), and expects to update this method to ensure its assumptions and
economic criteria remain valid and adequate for States considering
adoption of model building energy codes. DOE is specifically requesting
public comments and additional information regarding the costs and
benefits of the use of Standard 90.1-2013, as a whole, and appropriate
methodologies for assessing costs, benefits, and cost-effectiveness in
the Public Participation section of this notice.
IV. Summary of Findings
In performing its preliminary determination, DOE performed both a
qualitative and quantitative analysis of the requirements contained in
the updated edition of Standard 90.1. The chosen methodology for these
analyses is consistent with recent determinations actions, and provides
a reasonable assessment of how the Standard will impact energy savings
in commercial buildings. A summary of the analyses supporting DOE's
preliminary determination is outlined in the following sections.
Qualitative Analysis
DOE performed a comparative analysis of the textual requirements of
Standard 90.1-2013, examining the specific changes (addenda) made
between Standard 90.1-2010 and Standard 90.1-2013. ASHRAE publishes
changes to its standards as individual addenda to the preceding
Standard, and then bundles all addenda together to form the next
published edition. In creating the 2013 edition, ASHRAE processed 110
total addenda. DOE evaluated each of these addenda in preparing this
preliminary determination.
Overall, DOE found that the vast majority of changes in creating
Standard 90.1-2013 were positive (i.e., increased energy savings) or
neutral (i.e., no direct impact on energy savings). Positive changes
significantly outweigh any changes with a negative effect on energy
efficiency in commercial buildings. Of the 110 total changes:
52 were considered positive;
53 were considered neutral; and
5 were considered negative.
Table IV.1 presents the findings resulting from the qualitative
analysis, along with a description of the change, as well as an
assessment of the anticipated impact on energy savings in commercial
buildings. The full qualitative analysis is presented in a separate
technical support document (TSD),\6\ available at http://www.energycodes.gov/regulations/determinations.
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\6\ Halverson et al., ANSI/ASHRAE/IES Standard 90.1-2013
Preliminary Determination: Qualitative Analysis (PNNL, Richland, WA
(US), March 2014), available at http://www.pnnl.gov/main/publications/external/technical_reports/pnnl-23198.pdf.
[[Page 27782]]
Table IV.1--Qualitative Analysis Findings
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Impact on energy
No. Addendum to Standard Sections affected Description of changes efficiency
90.1-2010 within the Standard (justification)
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1.................. 90.1-2010a 10. Other Equipment Specifies that nominal Neutral (simply
and 12. Normative efficiencies for specifies alternate
References. motors are required to rating standard).
be established in
accordance with DOE 10
CFR 431 instead of
National Electrical
Manufacturers
Association (NEMA)
Standards. Modifies
the footnotes to
Tables 10.8A, 10.8B,
10.8C (now Tables 10.8-
1, 10.8-2, and 10.8-3
in Standard 90.1-
2013). The
corresponding
reference for 10 CFR
431 has also been
added.
2.................. 90.1-2010b 10. Other Equipment Requires escalators and Minor + (reduces
and 12. Normative moving walks to escalator and
References. automatically slow moving walkway
when not conveying energy).
passengers. The
corresponding
reference to American
Society of Mechanical
Engineers (ASME) A17.1/
CSA B44 has also been
added to the Normative
References.
3.................. 90.1-2010c Appendix G.......... Adds requirements for Neutral (whole
laboratory exhaust building
fans to Section performance
G3.1.1, Baseline HVAC tradeoff method
System Type and only).
Definition. Lab
exhaust fans are
required to be modeled
as constant
horsepower, reflecting
constant volume stack
discharge with outside
air bypass.
4.................. 90.1-2010e Appendix G.......... Updates language in Neutral (whole
Section G3.1, part 5, building
``Building Envelope,'' performance
to require that tradeoff method
existing buildings use only).
the same envelope
baseline as new
buildings with the
exception of
fenestration area.
5.................. 90.1-2010f Appendix G.......... Modifies Section G.3.1, Neutral (whole
``Building Envelope.'' building
Specifies the vertical performance
fenestration area for tradeoff method
calculating baseline only).
building performance
for new buildings and
additions.
6.................. 90.1-2010g 6. Heating, Adds efficiency Neutral (adopts
Ventilating, and requirements for Federal standards).
Air-Conditioning commercial
and 12. Normative refrigerators,
References. freezers, and
refrigeration
equipment. Table
6.8.1L and Table
6.8.1M (now Tables
6.8.1-12 and 6.8.1-13
in Standard 90.1-2013)
have been added, which
specify the energy use
limits for
refrigerators and
freezers. The
corresponding
references have also
been added in Chapter
12.
7.................. 90.1-2010h 6. Heating, Modifies the minimum Minor + (increases
Ventilating, and efficiency standards stringency of
Air-Conditioning. for water-to-air heat existing
pumps (water loop, requirements).
ground water, and
ground loop). The
proposed cooling
energy efficiency
ratios (EERs) and
heating coefficients
of performance are
more stringent than
the present values.
Also removes the small
duct high velocity
heat pump product
class from Table
6.8.1B (now Table
6.8.1-2 in Standard
90.1-2013).
8.................. 90.1-2010i 6. Heating, Increases the minimum Minor + (increases
Ventilating, and efficiency standards stringency of
Air-Conditioning for single-package existing
and 3. Definitions. vertical air requirements).
conditioners (SPVAC)
and single-package
vertical heat pumps
(SPVHP). Also creates
a new product class
for SPVAC and SPVHP
used in space-
constrained
applications. This new
product class only
applies to non-
weatherized products
with cooling
capacities <36,000
British thermal units
per hour (Btu/h) and
intended to replace an
existing air-
conditioning (AC) unit.
9.................. 90.1-2010j 6. Heating, Modifies the minimum Minor--(due to
Ventilating, and efficiency correction of an
Air-Conditioning. requirements of error in the
evaporatively cooled previous Standard).
units, of size
category 240,000 Btu/h
to 760,000 Btu/h and
heating type-other, in
Table 6.8.1A (now
Table 6.8.1-1 in
Standard 90.1-2013).
The value is reduced
to account for
increased pressure
drop in such system
types. The product
class, small duct high
velocity air
conditioner, has been
eliminated.
10................. 90.1-2010k 8. Power and 12. Modifies notes to Table Neutral (simply
Normative 8.1 and specifies that specifies
References. nominal efficiencies alternative rating
would be established standard).
in accordance with the
10 CFR 431 test
procedure for low-
voltage dry-type
transformers. The
corresponding
references have also
been added in Chapter
12.
[[Page 27783]]
11................. 90.1-2010l 6. Heating, Clarifies fan power Neutral (editorial
Ventilating, and limitations contained correction).
Air-Conditioning. in Standard 90.1-2010
that required the user
to perform
calculations for fan
brake horsepower (bhp)
even if the simplified
nameplate horsepower
(hp) option was being
used.
12................. 90.1-2010m 9. Lighting......... Adds some control Major + (adds
requirements for control
lighting alterations, requirements for
for interior and lighting
exterior applications. alterations).
Adds a section for
submittals and
includes loading docks
as a tradable surface.
Modifies the
provisions for
additional interior
lighting power, which
would now be
calculated on the
basis of controlled
wattage.
13................. 90.1-2010n 10. Other Equipment. Clarifies that the Neutral
total lumens per watt (clarification
for the entire only).
elevator cab is
required to meet the
efficiency requirement
and that each
individual light
source is not required
to meet the lumens per
watt value.
14................. 90.1-2010o 5. Building Envelope Adds the definition for Minor + (reduces air
and 3. Definitions. sectional garage leakage in glazed
doors. Also modifies sectional garage
Section 5.4.3.2 (d), doors).
``fenestration air
leakage provisions for
doors,'' to include
requirements for
glazed sectional
garage doors.
15................. 90.1-2010p 5. Building Envelope Modifies Section Neutral (simply
and 12. Normative 5.5.3.1 and requires specifies an
References. roof solar reflectance alternative rating
and thermal emittance standard).
testing to be in
accordance with Cool
Roof Rating Council
(CRRC)-1 Standard.
Also modifies Section
12 by adding the
reference for CRRC.
16................. 90.1-2010q 5. Building Modifies Section 3 by Neutral
Envelope, 3. changing the (clarification
Definitions, and definition of dynamic only).
12. Normative glazing to include
References. glazing systems or
infill as well as
shading systems
between glazing layers
and chromogenic
glazing. Also modifies
Section 5.8.2.2 by
clarifying the
requirements for
labeling of
fenestration and door
products. The
corresponding
references to National
Fenestration Rating
Council (NFRC) in
Chapter 12 have also
been updated.
17................. 90.1-2010r Appendix G and 12. Clarifies the Neutral (whole
Normative requirements related building
References. to temperature and performance
humidity control in tradeoff method
Appendix G and only).
relocates all related
wording to the
``Schedules'' section
of Table 3.1.
Additionally, clarity
is provided for
modeling systems that
provide occupant
thermal comfort via
means other than
directly controlling
the air dry-bulb and
wet-bulb temperature
(i.e., radiant cooling/
heating, elevated air
speed, etc.). Permits
the use of ASHRAE
Standard 55 for
calculation of
Predicted Mean Vote-
Predicted Percentage
Dissatisfied (PMV-
PPD). Also updates the
Normative References
by including a
reference to ASHRAE
Standard 55-2010.
18................. 90.1-2010s 6. Heating, Modifies the Minor + (ensures
Ventilating, and requirement for the savings from static
Air-Conditioning. static pressure sensor pressure reset are
location and the achieved).
control requirements
for setpoint reset for
systems with direct
digital control (DDC)
of individual zones.
Ensures that savings
from previously
required static
pressure reset will be
realized.
19................. 90.1-2010u 6. Heating, Adds new definition as Major + (applies new
Ventilating, and Fan Efficiency Grade requirements to
Air-Conditioning, (FEG) and requires individual fans).
3. Definitions, and each fan have a FEG of
12. Normative 67 or higher as
References. defined by Air
Movement and Control
Association (AMCA) 205-
10, ``Energy
Efficiency
Classification for
Fans.''.
20................. 90.1-2010v 8. Power............ Clarifies the Neutral
requirement for (clarification
controlled receptacles only).
in open offices
applications by
changing the
requirement to the
workstations
themselves. Also
requires the
automatically
controlled receptacles
to be appropriately
identified for the
user's benefit.
21................. 90.1-2010w 3. Definitions, 11. Adds definitions for on- Neutral (whole
Energy Cost Budget site renewable energy building
Method, and and purchased energy. performance
Appendix G. Clarifies the process tradeoff method
for accounting for on- only).
site renewable energy
and purchased energy
as well as calculating
the annual energy
costs in the ECB
approach and Appendix
G.
[[Page 27784]]
22................. 90.1-2010y 3. Definitions and Revises the definitions Neutral (adopts
10. Other Equipment. of general purpose Federal standards).
electric motors
(subtype I & II) based
on information from
NEMA. Also updates the
Standard to include
the new Federal energy
efficiency standards
used in HVAC
equipment, to be in
effect from 2015. Adds
Table 10.8D (now Table
10.8-4 in Standard
90.1-2013), which
specifies minimum
average full-load
efficiency for
Polyphase Small
Electric Motors; and
Table 10.8E (now Table
10.8-5 in Standard
90.1-2013), which
specifies minimum
average full-load
efficiency for
Capacitor-Start
Capacitor-Run and
Capacitor-Start
Induction-Run Small
Electric Motors.
23................. 90.1-2010z 6. Heating, Relocates the Neutral (editorial
Ventilating, and requirements for water only).
Air-Conditioning. economizers into the
main economizer
section, Section
6.5.1.5.
24................. 90.1-2010aa 6. Heating, Eliminates the Minor + (requires
Ventilating, and contingency on DDC additional HVAC
Air-Conditioning system existence for controls).
and 3. Definitions. setpoint overlap
restrictions,
humidification and
dehumidification
controls, variable air
volume (VAV) fan
control setpoint
reset, multiple-zone
VAV system ventilation
optimization control,
hydronic system
differential pressure
reset by valve
position. Instead
specifies for what
system types or sizes
DDC is required in new
buildings and
alterations. Also
specifies minimal
functional
requirements for DDC
systems. (Prior to
this addendum certain
controls requirements
were only required
when the controls were
provided by a DDC
system.).
25................. 90.1-2010ad 12. Normative Adds reference to Neutral (updates
References. specific addenda to references only).
Air-Conditioning,
Heating, and
Refrigeration
Institute (AHRI)
standards 340/360 and
1230 being referenced.
26................. 90.1-2010ae 12. Normative Adds reference to Neutral (updates
References. specific addenda to references only).
AHRI standards 210/240
and 550/590 being
referenced.
27................. 90.1-2010af 6. Heating, Modifies heat rejection Minor + (reduces
Ventilating, and equipment (cooling cooling tower
Air-Conditioning. tower) requirements to energy usage).
require that variable
speed drive controlled
fans operate all fans
at the same speed
instead of sequencing
them, and require that
open-circuit towers
with multiple cells
operate all cells in
parallel down to 50%
of design flow.
28................. 90.1-2010ag Appendix G and 12. Establishes a method Neutral (whole
Normative for gaining credit in building
References. Appendix G for performance
buildings that undergo tradeoff method
whole building air only).
leakage testing to
demonstrate that they
have an airtight
building.
29................. 90.1-2010ah Appendix G.......... Sets system sizing Neutral (whole
requirements in building
Appendix G for humid performance
climates based on tradeoff method
humidity ratio instead only).
of supply air
temperature
differential. Sets
baseline system
dehumidification
requirements.
30................. 90.1-2010ai Appendix G.......... Modifies Appendix G to Neutral (whole
account for three building
prescriptive addenda performance
that were incorporated tradeoff method
into Standard 90.1- only).
2010, but did not make
it into Appendix G in
time for publication.
Updates economizer
requirements to match
addendum cy,
establishes baseline
transformer efficiency
requirements to match
addendum o, and
establishes path A for
centrifugal chiller
baselines from
addendum m.
31................. 90.1-2010aj 6. Heating, Requires fractional Minor + (reduces
Ventilating, and horsepower motors >=\1/ fractional
Air-Conditioning. 12\ hp to be horsepower motor
electronically energy usage).
commutated motors or
have a minimum 70%
efficiency in
accordance with DOE 10
CFR 431. Also requires
adjustable speed or
other method to
balance airflow.
32................. 90.1-2010al Appendix G.......... Establishes a Neutral (whole
consistent fuel source building
for space heating for performance
baseline systems based tradeoff method
on climate zone. only).
Establishes a
consistent fuel source
for service water
heating (SWH) based on
building type.
33................. 90.1-2010am 6. Heating, Establishes minimum Major + (reduces
Ventilating, and turndown for boilers energy usage for
Air-Conditioning. and boiler plants with large boilers).
design input power of
at least 1,000,000 Btu/
h.
34................. 90.1-2010an Appendix C.......... Rewrites entire Neutral (alternative
Appendix C to use a compliance method
simulation based only).
approach for envelope
tradeoffs.
[[Page 27785]]
35................. 90.1-2010ap 6. Heating, Adds power usage Neutral (alternative
Ventilating, and effectiveness (PUE) as compliance method
Air-Conditioning an alternative only).
and 3. Definitions. compliance methodology
for data centers.
36................. 90.1-2010aq 6. Heating, Expands the Major + (reduces fan
Ventilating, and requirements for fan energy usage).
Air-Conditioning speed control for both
and 11.Energy Cost chilled water and
Budget. unitary direct
expansion systems. In
addition enhances the
requirements for
integrated economizer
control and defines
direct expansion unit
capacity staging
requirements.
37................. 90.1-2010ar 6. Heating, Adds mandatory and Neutral (adopts
Ventilating, and prescriptive Federal standards).
Air-Conditioning requirements for walk-
and 3. Definitions. in coolers and
freezers and
refrigerated display
cases.
38................. 90.1-2010as 6. Heating, Requires humidifiers Minor + (reduces
Ventilating, and mounted in the humidification
Air-Conditioning. airstream to have an energy usage).
automatic control
valve shutting off
preheat when
humidification is not
required, and
insulation on the
humidification system
dispersion tube
surface. (Avoidance of
simultaneous heating
and cooling at air-
handling unit.).
39................. 90.1-2010at 3. Definitions, 5. Deletes the term Neutral
Building Envelope, ``clerestory'' and (clarification
and 9. Lighting. instead adds ``roof only).
monitor'' and
clarifies the
definition. Changes
the references in
Chapters 5 and 9 from
clerestory to roof
monitor.
40................. 90.1-2010au 6. Heating, Modifies Table Minor + (restricts
Ventilating, and 6.5.3.1.1B, which sound attenuation
Air-Conditioning. addresses fan power credit and adds
limitation pressure deductions for
drop adjustment certain systems).
credits. Deductions
from allowed fan power
are added for systems
without any central
heating or cooling as
well as systems with
electric resistance
heating. Sound
attenuation credit is
modified to be
available only when
there are background
noise criteria
requirements.
41................. 90.1-2010av 6. Heating, Modifies Section 6.5.1, Minor + (reduces
Ventilating, and exception k, number of
Air-Conditioning. applicable to Tier IV exceptions).
data centers, to make
economizer exceptions
more stringent and in
agreement with ASHRAE
TC 9.9.
42................. 90.1-2010aw 11. Energy Cost Updates the reference Neutral (whole
Budget and Appendix year for ASHRAE building
G. Standard 140 and performance
exempts software used tradeoff method
for ECB and Appendix G only).
compliance from having
to meet certain
sections of ASHRAE
Standard 140.
43................. 90.1-2010ax Appendix G.......... Modifies Table G3.1, Neutral (whole
Part 14 of Appendix G building
to exclude the performance
condition that permits tradeoff method
a building surface, only).
shaded by an adjacent
structure, to be
simulated as north
facing if the
simulation program is
incapable of
simulating shading by
adjacent structures.
44................. 90.1-2010ay 3. Definitions and Modifies daylighting Minor + (requires
9. Lighting. requirements. Modifies additional
definitions for controls).
daylight area under
skylights, daylight
area under roof
monitors, primary
sidelight area, and
secondary sidelight
area. Changes the
criterion for applying
automatic daylighting
control for
sidelighting and
toplighting to a
controlled lighting
power basis and
provides
characteristics for
the required photo
controls. Adds control
requirements for
secondary sidelighted
areas. Modifies Table
9.6.2 to include
continuous dimming in
secondary sidelighted
areas, which is now
based on an installed
wattage rather than
area of the space.
Eliminates the need
for effective aperture
calculation.
45................. 90.1-2010az 6. Heating, Increases the minimum Minor + (increase
Ventilating, and efficiency of open efficiency of
Air-Conditioning. circuit axial fan cooling towers).
cooling towers. An
additional requirement
has been added for all
types of cooling
towers which states
that the minimum
efficiency
requirements applies
to the tower including
the capacity effect of
accessories which
affect thermal
performance. An
additional footnote
clarifies that the
certification
requirements do not
apply to field erected
cooling towers.
46................. 90.1-2010ba 6. Heating, Adds requirements for Minor + (reduces
Ventilating, and door switches to heating and cooling
Air-Conditioning. disable or reset when doors are left
mechanical heating or open).
cooling when doors
without automatic door
closers are left open.
[[Page 27786]]
47................. 90.1-2010bb 3. Definitions, 5. Modifies the building Major + (increases
Building Envelope, envelope requirements stringency of
11. Energy Cost for opaque assemblies building envelope
Budget Method, and and fenestration in requirements).
Appendix A. tables 5.5.1 through
5.5.8. Adds and
modifies text in
Section 5. Adds new
visible transmittance
(VT) requirement
through Section
5.5.4.5. Also updates
the NFRC 301
reference, references
in Section 11, and
modifies two metal
building roof
assemblies in Table
A2.3.
48................. 90.1-2010bc 9. Lighting......... Modifies requirements Minor + (requires
for automatic lighting automatic control
control for guestroom of lighting and
type spaces. switched
Exceptions to this receptacles in
requirement are hotel rooms).
lighting and switched
receptacles controlled
by captive key systems.
49................. 90.1-2010bd 9. Lighting......... Adds more specific Minor + (improves
requirements for the functional testing
functional testing of of lighting
lighting controls, controls).
specifically,
occupancy sensors,
automatic time
switches, and daylight
controls.
50................. 90.1-2010be 9. Lighting......... Makes minor revisions Neutral
to Section 9.7.2.2, (clarification
which addresses the only).
scope of the operating
and maintenance
manuals required for
lighting equipment and
controls.
51................. 90.1-2010bf 8. Power............ Addresses Section 8.4.2 Minor + (reduces
on automatic plug loads).
receptacle control and
increases the spaces
where plug shutoff
control is required.
Clarifies the
application of this
requirement for
furniture systems,
lowers the threshold
for turn off from 30
to 20 minutes, states
a labeling requirement
to distinguish
controlled and
uncontrolled
receptacles and
restricts the use of
plug-in devices to
comply with this
requirement.
52................. 90.1-2010bg 5. Building Envelope Adds low-emissivity Minor + (requires
(low-E) requirements low-E storm windows
for storm window in retrofits).
retrofits.
53................. 90.1-2010bh 9. Lighting......... Modifies Table 9.6.1 Minor + (overall
Space-By-Space lighting power
Lighting Power Density densities are
allowance. reduced).
54................. 90.1-2010bi 6. Heating, Increases seasonal Minor + (increases
Ventilating, and energy efficiency stringency of
Air-Conditioning. ratio and heating existing
seasonal performance requirements).
factor for air-cooled
commercial air
conditioners and heat
pumps below 65,000 Btu/
h. (Effective 1/1/
2015).
55................. 90.1-2010bj 6. Heating, Re-establishes the Neutral (re-
Ventilating, and product class for establishes
Air-Conditioning. small duct high efficiency
velocity air requirements that
conditioners and heat do not meet the
pumps. Adds efficiency level of Federal
requirements for standards).
systems at <65.000 Btu/
h below level of
current Federal
standards.
56................. 90.1-2010bk 6. Heating, Increases cooling Minor + (increases
Ventilating, and efficiency for stringency of
Air-Conditioning. packaged terminal air existing
conditioners. requirements).
57................. 90.1-2010bl 11. Energy Cost Provides rules for Neutral (whole
Budget and Appendix removing fan energy building
G. from efficiency performance
metrics when modeling tradeoff method
in ECB or Appendix G. only).
58................. 90.1-2010bn 8. Power and 10. Establishes electric Neutral (metering by
Other Equipment. and fuel metering itself does not
requirements. save energy).
59................. 90.1-2010bo 7. Service Water Requires buildings with Minor + (requires
Heating. SWH capacity large new gas SWH
>=1million Btu/h to systems to have
have average thermal higher average
efficiency of at least efficiency).
90%. Updates Table 7.8
to reflect Federal
requirements for
electric water
heaters. Updates the
reference standard for
swimming pool water
heaters to ASHRAE
Standard 146.
60................. 90.1-2010bp 6. Heating, Adds efficiency Minor + (adds
Ventilating, and requirements (Btu/h- efficiency
Air-Conditioning hp) to Table 6.8.1G requirements for
and 12. Normative (now Table 6.8.1-7 in new products).
References. Standard 90.1-2013)
for evaporative
condensers with
ammonia refrigerants.
61................. 90.1-2010bq 6. Heating, Adds prescriptive Major + (adds new
Ventilating, and requirements for the efficiency
Air-Conditioning efficiency and requirements for
and 3. Definitions. improved control of commercial
commercial refrigeration).
refrigeration systems.
62................. 90.1-2010br 10. Other Equipment. Updates motor Neutral (implements
efficiency tables. Federal standards).
63................. 90.1-2010bs 6. Heating, Reduces occupancy Minor + (reduces
Ventilating, and threshold for demand ventilation energy
Air-Conditioning. controlled ventilation usage).
from greater than 40
people per 1000 ft \2\
to equal to or greater
than 25 people per
1000 ft \2\ with
exemptions for certain
occupancies.
[[Page 27787]]
64................. 90.1-2010bt 6. Heating, Reduces the system size Minor + (expands the
Ventilating, and and outdoor air use of exhaust air
Air-Conditioning. thresholds at which energy recovery to
energy recovery is lower percent
required. (Relaxed in outdoor air).
some climate zones).
65................. 90.1-2010bv 5. Building Envelope Reduces the area Minor + (reduces
threshold at which lighting energy
skylights and usage).
daylighting controls
are required.
66................. 90.1-2010bw 5. Building Envelope Modifies orientation Minor + (provides
and 11. Energy Cost requirements and adds design
Budget Method. solar heat gain flexibility).
coefficient tradeoff.
67................. 90.1-2010bx 9. Lighting......... Clarifies exceptions to Neutral
occupancy sensor (clarification
requirements. only).
68................. 90.1-2010by 9. Lighting......... Significantly modifies Major + (requires
the way requirements more controls in
are presented in more spaces and
Section 9. Requires reduces time to
the use of certain reduction or
lighting controls in shutoff).
more space types.
Reduces the amount of
time after occupants
vacate a space for
lights to be
automatically reduced
or shut off.
Establishes table of
lighting controls
applicable to each
space type.
69................. 2007 90.1bz 8. Power............ Adds a Section 8.4.2, Neutral (metering by
which specifies itself does not
requirements for save energy).
installation of basic
electrical metering of
major end uses (total
electrical energy,
HVAC systems, interior
lighting, exterior
lighting and
receptacle circuits)
to provide basic
reporting of energy
consumption data to
building occupant.
70................. 90.1-2010ca 6. Heating, Adds control Minor + (reduces
Ventilating, and requirements for vestibule heating
Air-Conditioning. heating systems in energy usage).
vestibules.
71................. 90.1-2010cb 6. Heating, Revises night setback Minor + (expands
Ventilating, and requirements to a heating and cooling
Air-Conditioning. reset of 10 [deg]F setbacks).
heating and 5 [deg]F
cooling and removes
exceptions for climate
zones. Changes optimum
start requirement from
>10,000 cubic feet per
minute to any DDC
system and adds a
requirement that
outside air
temperature be used in
optimum algorithms.
72................. 90.1-2010cc 6. Heating, Adds efficiency Minor + (adds
Ventilating, and requirements (Btu/h- efficiency
Air-Conditioning. hp) to Table 6.8.1G requirements for
(now Table 6.8.1-7 in new products).
Standard 90.1-2013)
for evaporative
condensers with R-507A.
73................. 90.1-2010cd 6. Heating, Provides definition for Neutral (editorial
Ventilating, and ``piping'' to include only).
Air-Conditioning, all accessories in
7. Service Water series with pipe such
Heating, and 3. as pumps, valves,
Definitions. strainers, air
separators, etc. This
is meant to clarify
that these accessories
need to be insulated.
74................. 90.1-2010ce Appendix G.......... Establishes a baseline Neutral (whole
system type for retail building
occupancies less than performance
three stories in tradeoff method
Appendix G. only).
75................. 90.1-2010cf Appendix G.......... Establishes baseline Neutral (whole
window-to-wall ratio building
in Appendix G for performance
strip malls. tradeoff method
only).
76................. 90.1-2010cg 11. Energy Cost Modifies the simulation Neutral (whole
Budget and Appendix requirements for building
G. modeling mandatory performance
automatic daylighting tradeoff method
controls as well as only).
automatic lighting
controls. Also
modifies the
simulation
requirements for
automatic lighting
controls in the
proposed design,
beyond the minimum
mandatory
requirements. Table
G3.2, which provided
power adjustment
percentages for
automatic lighting
controls, has been
deleted and savings
through automatic
control devices are
now required to be
modeled in building
simulation through
schedule adjustments
for the proposed
design or by lighting
power adjustments
defined in Table 9.6.3.
77................. 90.1-2010ch 6. Heating, Increases air- and Minor + (increases
Ventilating, and water-cooled chiller stringency of
Air-Conditioning. efficiencies in Table existing
6.8.1C (now Table requirements).
6.8.1-3 in Standard
90.1-2013). Exempts
water-cooled positive
displacement chillers
with leaving condenser
temperature >= 115
[deg]F (typically heat
reclaim chillers).
[[Page 27788]]
78................. 90.1-2010ci 3. Definitions, 11. Modifies requirements Neutral (whole
Energy Cost Budget, for the cooling tower building
and Appendix G. fans in Chapter 11 performance
baseline simulations, tradeoff method
from two-speed to only).
variable speed. A
formula has been
specified to calculate
the condenser water
design supply
temperature. Similar
revisions have been
made to Appendix G for
the cooling tower
requirements.
Definitions for
cooling design wet-
bulb temperature and
evaporation design wet-
bulb temperature have
been added to Chapter
3.
79................. 90.1-2010cj Appendix G.......... Creates modeling rules Neutral (whole
for computer rooms in building
Appendix G. performance
tradeoff method
only).
80................. 90.1-2010ck 6. Heating, Requires VAV dual Minor + (requires
Ventilating, and maximum damper dual maximum
Air-Conditioning. position when DDC control for VAV
system is present and zones with DDC.
clarifies dual maximum
sequence.
81................. 90.1-2010cl 6. Heating, Increases integrated Minor + (increases
Ventilating, and energy efficiency stringency of
Air-Conditioning. ratio requirements for existing
air-cooled air requirements).
conditioners and heat
pumps and EER
requirements for water
and evaporatively
cooled air
conditioners and heat
pumps in Tables 6.8.1A
and B (now Tables
6.8.1-1 and 6.8.1-2 in
Standard 90.1-2013).
82................. 90.1-2010cm 5. Building Envelope Clarifies how to Neutral
interpret the use of (clarification
dynamic glazing only).
products given the
requirements in
Addendum bb (envelope
requirements).
83................. 90.1-2010cn Appendix G.......... Establishes modeling Neutral (whole
rules for laboratories building
with 100% outside air performance
in Appendix G. tradeoff method
only).
84................. 90.1-2010co 9. Lighting......... Comprehensive update of Major + (decreases
LPDs in Table 9.5.1-- LPD in most
Building Area Method. building types).
85................. 90.1-2010cp 5. Building Envelope Corrects non- Minor + (increases R
residential U-factor value requirements
and R value for steel joist
requirements for steel floors).
joist floors in CZ3.
86................. 90.1-2010cr 9. Lighting and 12. Makes a number of Minor + (plus on
Normative adjustments to Table retail outweighs
References. 9.6.1, Space-by-space some negatives on
LPD. other building
types).
87................. 90.1-2010ct Appendix G.......... Identifies heated only Neutral (whole
storage systems 9 and building
10 in Appendix G as performance
being assigned one tradeoff method
system per thermal only).
zone.
88................. 90.1-2010cv Appendix G.......... Establishes baseline Neutral (whole
system types in building
Appendix G for performance
Assembly occupancies. tradeoff method
only).
89................. 90.1-2010cy 6. Heating, Reduces the design Minor + (applies
Ventilating, and supply fan air flow energy recovery
Air-Conditioning. rate for which energy requirements to
recovery is required smaller fan
for systems that systems).
operate more than
8,000 hours per year.
90................. 90.1-2010cz 6. Heating, Increases boiler Neutral (adopts
Ventilating, and efficiency for Federal standards).
Air-Conditioning. residential sized
(National Appliance
Energy Conservation
Act covered)
equipment, <3,000 Btu/
h.
91................. 90.1-2010da 5. Building Envelope Relaxes air leakage Minor - (relaxes air
requirements for high- leakage
speed doors for requirements for
vehicle access and high-speed doors).
material transport.
92................. 90.1-2010db 5. Building Envelope Corrects residential U- Minor - (relaxes
factor and R-value steel joist floor
requirements for steel requirements in
joist floors in CZ3. CZ3).
93................. 90.1-2010dc 9. Lighting......... Clarifies automatic Neutral
lighting and switched (clarification
receptacle control in only).
guest rooms as applied
to individual spaces.
94................. 90.1-2010dd 5. Building Envelope Clarifies roof Neutral
and 3. Definitions. insulation (clarification
requirements, only).
differentiating
between roof
recovering (on top of
existing roof
covering) and
replacement of roof
covering.
95................. 90.1-2010de 6. Heating, Relaxes design Minor - (relaxes
Ventilating, and requirements for economizer
Air-Conditioning. waterside economizers requirements for
for computer rooms. computer rooms).
96................. 90.1-2010dg 12. Normative Updates reference to Neutral (updates
References (related ANSI/CRRC-l Standard references only).
to 5. Building 2012 (cool roof
Envelope). ratings).
97................. 90.1-2010di 6. Heating, Establishes limits on Minor + (reduces
Ventilating, and using electric or humidification
Air-Conditioning. fossil fuel to energy usage).
humidify or dehumidify
between 30% and 60%
relative humidity
except certain
applications. Requires
deadband on humidity
controls.
[[Page 27789]]
98................. 90.1-2010dj 9. Lighting......... Additional lighting Neutral (tradeoff of
power allowance for additional lighting
electrical/mechanical power for
rooms made available additional
to match 2010 level control).
provided there is
separate control for
the additional
lighting.
99................. 90.1-2010dk 9. Lighting......... Eliminates the Minor + (trades
exemption for wattage blanket exemption
used in spaces where for more targeted
lighting is LPD increases).
specifically designed
for those with age-
related eye conditions
or other medical
conditions related to
the eye, where special
lighting or light
levels might be needed.
100................ 90.1-2010dl 9. Lighting......... Modifies hotel and Minor + (new average
motel guest room LPD. LPD less than
previous
requirements).
101................ 90.1-2010dm 5. Building Envelope Modifies Section Minor + (reduces
5.4.3.4 for vestibule energy
vestibules. Adds a usage).
size limit for large
buildings, exemptions
for semi-heated spaces
and elevator lobbies
in parking garages.
102................ 90.1-2010dn 6. Heating, Reduces the limits on Minor + (reduces hot
Ventilating, and hot gas bypass as a gas bypass).
Air-Conditioning. means of cooling
capacity control.
103................ 90.1-2010do 12. Normative Updates references to Neutral (updates
References (related AHRI 550, AMCA 500, references only).
to 6. Heating, ANSI Z21.10.3 and
Ventilating, and Z21.47, ASHRAE 90.1
Air-Conditioning). and 62.1, NEMA MG 1,
and NFPA 70 and 96.
104................ 90.1-2010dp 3. Definitions Corrects the definition Neutral (editorial
(related to 6. of walk-in-cooler to only).
Heating, be consistent with
Ventilating, and Federal requirements.
Air-Conditioning).
105................ 90.1-2010dq 6. Heating, Deletes sizing Minor - (eliminates
Ventilating, and requirements for pipes sizing requirements
Air-Conditioning. >24 inches in diameter. for pipes above
24 in
diameter).
106................ 90.1-2010dr 3. Definitions Clarifies definition of Neutral
(related to 5. building entrances to (clarification
Building Envelope). exclude electrical only).
room, mechanical
rooms, and other
utility service
entrances.
107................ 90.1-2010ds 5. Building Envelope Corrects the Neutral (editorial
and 3. Definitions. definitions of only).
``primary sidelighted
area,'' ``secondary
sidelighted area,''
and ``sidelighting
effective area'' to
use the term
``vertical
fenestration'' instead
of ``window'' to
clarify that glazed
doors and other
fenestration products
are included as well
as windows.
Additionally, the
definition of
``daylight area under
rooftop monitors'' is
corrected to include
the spread of light
beyond the width of
the rooftop monitor
glazing.
108................ 90.1-2010dt 9. Lighting......... Adds exceptions for Minor + (expansion
control of exterior of requirement to
lighting integral to all signage may
signage. Requires outweigh addition
certain types of of exception).
exterior lighting
exempt from LPD
requirements to be
separately controlled.
109................ 90.1-2010dv 6. Heating, Establishes chiller and Minor + (reduces off
Ventilating, and boiler fluid flow hour chiller and
Air-Conditioning. isolation requirements boiler energy use).
so there is no flow
through the equipment
when not in use.
110................ 90.1-2010dw 6. Heating, Revises high limit Minor + (adds sensor
Ventilating, and shutoff for air accuracy
Air-Conditioning. economizers. Add requirements).
sensor accuracy
requirements.
----------------------------------------------------------------------------------------------------------------
Key: The following terms are used to characterize the effect of individual addenda on energy efficiency (as
contained in the above table): Major + indicates that an addendum is anticipated to significantly improve
energy efficiency; Minor + indicates that an addendum may improve energy efficiency in specific applications,
Neutral indicates that an addenda is not anticipated to impact energy efficiency; and Minor - indicates that
an addendum may increase energy use in certain applications.
Table IV.2 summarizes the overall impact of the addenda in the
qualitative analysis. Overall, the sum of the major positive and minor
positive addenda (i.e., 52 addenda) greatly overwhelms the number of
minor negative addenda (i.e., five addenda), leading to the qualitative
conclusion that the overall impact of the addenda on the Standard is
positive.
Table IV.2--Overall Summary of Addenda Impact in Qualitative Analysis
----------------------------------------------------------------------------------------------------------------
Minor Minor Major
Major negative negative Neutral positive positive Total
----------------------------------------------------------------------------------------------------------------
None...................................... 5 53 44 8 110
----------------------------------------------------------------------------------------------------------------
[[Page 27790]]
Quantitative Analysis
The quantitative analysis of Standard 90.1-2013 was carried out
using whole-building energy simulations of buildings designed to meet
the requirements of Standard 90.1-2010 and Standard 90.1-2013. DOE
simulated 16 representative building types across 15 U.S. climate
locations, with locations selected to be representative of all U.S
climate zones, as defined by Standard 90.1-2010 and Standard 90.1-2013
(climate zone criteria unchanged between the 2010 and 2013 editions).
In addition, energy use intensities (EUIs) by fuel type and by end-use
were extracted for each building type, and weighted by the relative
square footage of construction (represented by that building type in
each of the 15 climate regions) based on the McGraw Hill Construction
(MHC) Projects Starts Database.\7\ The data is commonly used by other
Federal agencies, such as the U.S. Census Bureau, the Federal Reserve,
and the U.S. Department of Health and Human Services (HHS), to
characterize U.S. building construction. In addition, the MHC database
identifies multi-family residential buildings that would be covered
under the scope of Standard 90.1.
---------------------------------------------------------------------------
\7\ Based on McGraw Hill Construction Projects Starts Database;
see Weighting Factors for the Commercial Building Prototypes Used in
the Development of ANSI/ASHRAE/IESNA Standard 90.1-2010 by Jarnagin,
RE and GK Bandyopadhyay. 2010. PNNL-19116, Pacific Northwest
National Laboratory, Richland, WA. Available at http://www.pnl.gov/main/publications/external/technical_reports/PNNL-19116.pdf.
---------------------------------------------------------------------------
EUIs developed for each representative building type are weighted
by total national square footage of each representative building type
to estimate the difference between the national energy use in buildings
constructed to the 2010 and 2013 editions of Standard 90.1. Note that
the buildings types used in the quantitative analysis reflect
approximately 80% of the total square footage of commercial
construction, including multi-family buildings greater than three
stories that are covered within the scope of ASHRAE Standard 90.1.
The preliminary quantitative analysis of buildings designed to meet
the requirements of Standard 90.1-2013 indicates national primary
energy savings of approximately 8.5 percent of commercial building
energy consumption (in comparison to Standard 90.1-2010). Site energy
savings over Standard 90.1-2010 are estimated to be approximately 7.6
percent. Using national average fuel prices for electricity and natural
gas, DOE also estimates a reduction in energy expenditures of 8.7
percent compared to Standard 90.1-2010.
Table IV.3 and Table IV.4 show the energy use and associated
savings resulting from Standard 90.1-2013 by building type and on an
aggregated national basis. Further details on the quantitative analysis
can be found in the full technical support document (TSD) \8\ available
at http://www.energycodes.gov/regulations/determinations.
---------------------------------------------------------------------------
\8\ Halverson et al., ANSI/ASHRAE/IES Standard 90.1-2013
Preliminary Determination: Quantitative Analysis (PNNL, Richland, WA
(US), March 2014), available at http://www.pnnl.gov/main/publications/external/technical_reports/pnnl-23236.pdf.
Table IV.3--Estimated Energy Use Intensity by Building Type
[Standard 90.1-2010]
----------------------------------------------------------------------------------------------------------------
Whole building EUI
Floor area ---------------------------------------------------
Building type Prototype (percent) Site EUI (kBtu/ Source EUI (kBtu/ ECI ($/ft\2\-
ft\2\-yr) ft\2\-yr) yr)
----------------------------------------------------------------------------------------------------------------
Office....................... Small Office.... 5.61 33.0 100.4 $0.99
Medium Office... 6.05 36.8 105.9 1.03
Large Office.... 3.33 71.9 210.7 2.06
Retail....................... Stand-Alone 15.25 53.4 142.9 1.38
Retail. 5.67 60.4 164.1 1.58
Strip Mall......
Education.................... Primary School.. 4.99 59.0 151.1 1.44
Secondary School 10.36 47.7 130.3 1.26
Healthcare................... Outpatient 4.37 120.0 324.3 3.13
Health Care. 3.45 131.0 321.1 3.04
Hospital........
Lodging...................... Small Hotel..... 1.72 63.6 148.8 1.40
Large Hotel..... 4.95 96.7 217.7 2.03
Warehouse.................... Non-Refrigerated 16.72 18.2 43.2 0.41
Warehouse.
Food Service................. Fast-Food 0.59 591.5 1051.7 9.27
Restaurant. 0.66 383.9 742.7 6.69
Sit-Down
Restaurant.
Apartment.................... Mid-Rise 7.32 46.3 131.4 1.28
Apartment. 8.97 50.4 124.9 1.19
High-Rise
Apartment.
National..................... ................ 100 58.5 148.9 1.42
----------------------------------------------------------------------------------------------------------------
Table IV.4--Estimated Energy Use Intensity by Building Type
[Standard 90.1-2013]
----------------------------------------------------------------------------------------------------------------
Whole building EUI
Floor area ---------------------------------------------------
Building type Prototype (percent) Site EUI (kBtu/ Source EUI (kBtu/ ECI ($/ft\2\-
ft\2\-yr) ft\2\-yr) yr)
----------------------------------------------------------------------------------------------------------------
Office....................... Small Office.... 5.61 29.4 89.3 $0.88
Medium Office... 6.05 34.1 97.9 0.95
Large Office.... 3.33 70.8 205.8 2.01
Retail....................... Stand-Alone 15.25 45.9 124.6 1.20
Retail. 5.67 55.1 147.3 1.42
Strip Mall......
[[Page 27791]]
Education.................... Primary School.. 4.99 54.2 134.4 1.28
Secondary School 10.36 41.7 111.9 1.08
Healthcare................... Outpatient 4.37 115.8 311.8 3.00
Health Care. 3.45 123.7 300.7 2.85
Hospital........
Lodging...................... Small Hotel..... 1.72 60.0 137.6 1.29
Large Hotel..... 4.95 89.0 195.4 1.81
Warehouse.................... Non-Refrigerated 16.72 17.1 40.6 0.38
Warehouse.
Food Service................. Fast-Food 0.59 576.4 1001.9 8.78
Restaurant. 0.66 372.5 713.5 6.41
Sit-Down
Restaurant.
Apartment.................... Mid-Rise 7.32 43.9 124.8 1.21
Apartment. 8.97 46.9 114.4 1.08
High-Rise
Apartment.
National..................... ................ 100 54.1 136.2 1.30
----------------------------------------------------------------------------------------------------------------
Table IV.5 presents the estimated energy savings (based on percent
change in EUI) associated with Standard 90.1-2013. Overall, the updated
Standard is expected to increase the energy efficiency of commercial
buildings, as represented in Table IV.5.
Table IV.5--Quantitative Analysis Findings
----------------------------------------------------------------------------------------------------------------
Savings in whole-building EUI (percent)
Building type Prototype Floor area ---------------------------------------------------
(percent) Site EUI Source EUI ECI
----------------------------------------------------------------------------------------------------------------
Office....................... Small Office.... 5.61 11.0 11.0 11.0
Medium Office... 6.05 7.4 7.5 7.5
Large Office.... 3.33 1.4 2.4 2.5
Retail....................... Stand-Alone 15.25 13.9 12.8 12.6
Retail. 5.67 8.8 10.2 10.5
Strip Mall......
Education.................... Primary School.. 4.99 8.1 11.0 11.5
Secondary School 10.36 12.6 14.1 14.4
Healthcare................... Outpatient 4.37 3.6 3.9 3.9
Health Care. 3.45 5.6 6.4 6.5
Hospital........
Lodging...................... Small Hotel..... 1.72 5.7 7.5 7.9
Large Hotel..... 4.95 8.0 10.2 10.7
Warehouse.................... Non-Refrigerated 16.72 6.0 6.1 6.1
Warehouse.
Food Service................. Fast Food 0.59 2.6 4.7 5.3
Restaurant. 0.66 3.0 3.9 4.2
Sit-Down
Restaurant.
Apartment.................... Mid-Rise 7.32 5.4 5.1 5.0
Apartment. 8.97 6.9 8.4 8.7
High-Rise
Apartment.
National..................... ................ 100 7.6 8.5 8.7
----------------------------------------------------------------------------------------------------------------
V. Preliminary Determination Statement
Review and evaluation of the 2010 and 2013 editions of Standard
90.1 indicate that there are significant differences between the two
editions. Qualitative analysis of the updated Standard reveals that a
majority of the addenda are anticipated to result in significant energy
savings. In addition, quantitative analysis of the Standard indicates
source and site energy savings of 8.5 percent and 7.6 percent,
respectively. DOE has rendered the preliminary conclusion that Standard
90.1-2013 will improve energy efficiency in commercial buildings, and,
therefore, should receive an affirmative determination under Section
304(b) of ECPA.
VI. State Certification
If today's determination is finalized, each State would be required
to review and update, as necessary, the provisions of its commercial
building energy code to meet or exceed the provisions of the 2013
edition of Standard 90.1. (42 U.S.C. 6833(b)(2)(B)(i)) This action
would be required not later than 2 years from the date of the final
determination notice, unless an extension is provided.
State Review and Update
DOE recognizes that some States do not have a State commercial
building energy code, or have a State code that does not apply to all
commercial buildings. If local building energy codes regulate
commercial building design and construction (rather than a State code),
the State must review and make all reasonable efforts to update, as
authorized, those local codes to determine whether they meet or exceed
the 2013 edition of Standard 90.1. States may base their certifications
on reasonable actions by units of general-purpose local government.
Each such State must review the information obtained from the local
governments, and gather any additional data and testimony in preparing
its own certification.
The applicability of any State revisions to new or existing
buildings would be governed by the State building codes. States should
be aware that the DOE considers high-rise (greater than three stories)
multi-family residential buildings as commercial buildings for
[[Page 27792]]
energy code purposes, as is consistent with the scope of Standard 90.1.
Consequently, commercial buildings, for the purposes of certification,
would include high-rise multi-family residential buildings, hotels,
motels, and other transient residential building types of any height.
State Certification Statements
Section 304(b) of ECPA, as amended, requires each State to certify
to the Secretary of Energy that it has reviewed and updated the
provisions of its commercial building energy code regarding energy
efficiency to meet or exceed the Standard 90.1-2013. (42 U.S.C.
6833(b)) The certification must include a demonstration that the
provisions of the State's commercial building energy code regarding
energy efficiency meets or exceeds Standard 90.1-2013. If a State
intends to certify that its commercial building energy code already
meets or exceeds the requirements of Standard 90.1-2013, the State
should provide an explanation of the basis for this certification
(e.g., Standard 90.1-2013 is incorporated by reference in the State's
building code regulations). The chief executive of the State (e.g., the
governor), or a designated State official (e.g., director of the State
energy office, State code commission, utility commission, or equivalent
State agency having primary responsibility for commercial building
energy codes), would provide the certification to the Secretary. Such a
designated State official would also provide the certifications
regarding the codes of units of general purpose local government based
on information provided by responsible local officials.
The DOE Building Energy Codes Program tracks and reports State code
adoption and certifications.\9\ Once a State has adopted a new
commercial code, DOE typically provides software, training, and support
for the new code as long as the new code is based on the national model
code (i.e., ASHRAE Standard 90.1-2013). DOE recognizes that some States
develop their own codes that are only loosely related to the national
model codes, and DOE does not typically provide technical support for
those codes. However, DOE does provide incentive funding (e.g., grants)
to these States through the State Energy Program. DOE does not
prescribe how each State adopts and enforces its energy codes.
---------------------------------------------------------------------------
\9\ Available at http://www.energycodes.gov/adoption/states.
---------------------------------------------------------------------------
Requests for Extensions
Section 304(c) of ECPA requires that the Secretary permit an
extension of the deadline for complying with the certification
requirements described above, if a State can demonstrate that it has
made a good faith effort to comply with such requirements and that it
has made significant progress toward meeting its certification
obligations. (42 U.S.C. 6833(c)) Such demonstrations could include one
or both of the following: (1) A plan for response to the requirements
stated in Section 304; or (2) a statement that the State has
appropriated or requested funds (within State funding procedures) to
implement a plan that would respond to the requirements of Section 304
of ECPA. This list is not exhaustive. Requests are to be sent to the
address provided in the ADDRESSES section above, or may be submitted to
[email protected].
VII. Regulatory Review and Analysis
Review Under Executive Orders 12866 and 13563
Today's action is not a significant regulatory action under Section
3(f) of Executive Order 12866, ``Regulatory Planning and Review'' (58
FR 51735). Accordingly, today's action was not reviewed by the Office
of Information and Regulatory Affairs (OIRA) in the Office of
Management and Budget (OMB). DOE has also reviewed this regulation
pursuant to Executive Order 13563, issued on January 18, 2011. (76 FR
3281). Executive Order 13563 is supplemental to and explicitly
reaffirms the principles, structures, and definitions governing
regulatory review established in Executive Order 12866.
Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires the
preparation of an initial regulatory flexibility analysis for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. As required
by Executive Order 13272, ``Proper Consideration of Small Entities in
Agency Rulemaking'' (67 FR 53461), DOE published procedures and
policies on February 19, 2003, to ensure that the potential impacts of
its rules on small entities are properly considered during the
rulemaking process. (68 FR 7990) DOE has also made its procedures and
policies available on the Office of General Counsel Web site.\10\
---------------------------------------------------------------------------
\10\ Available at http://energy.gov/gc/office-general-counsel.
---------------------------------------------------------------------------
DOE has reviewed today's preliminary determination under the
provisions of the Regulatory Flexibility Act and the procedures and
policies published in February 2003. Once DOE finalizes this
preliminary determination of improved energy efficiency, it would
require States to undertake an analysis of their respective building
codes. As such, the only entities directly regulated by this
preliminary determination would be States. DOE does not believe that
there will be any direct impacts on small entities, such as small
businesses, small organizations, or small governmental jurisdictions.
Based on the foregoing, DOE certifies that this preliminary
determination would not have a significant economic impact on a
substantial number of small entities. Accordingly, DOE has not prepared
a regulatory flexibility analysis for this preliminary determination.
DOE's certification and supporting statement of factual basis will be
provided to the Chief Counsel for Advocacy of the Small Business
Administration pursuant to 5 U.S.C. 605(b).
Review Under the National Environmental Policy Act of 1969
Today's action is covered under the Categorical Exclusion found in
DOE's National Environmental Policy Act regulations at paragraph A.6 of
appendix A to subpart D, 10 CFR part 1021. That Categorical Exclusion
applies to actions that are strictly procedural, such as rulemaking
establishing the administration of grants. Today's action is required
by Title III of ECPA, as amended, which provides that whenever the
Standard 90.1-1989, or any successor to that code, is revised, the
Secretary must make a determination, not later than 12 months after
such revision, whether the revised code would improve energy efficiency
in commercial buildings and must publish notice of such determination
in the Federal Register. (42 U.S.C. 6833(b)(2)(A)) If the Secretary
determines that the revision of Standard 90.1-1989, or any successor
thereof, improves the level of energy efficiency in commercial
buildings, then no later than 2 years after the date of the publication
of such affirmative determination, each State is required to certify
that it has reviewed and updated the provisions of its commercial
building code regarding energy efficiency with respect to the revised
or
[[Page 27793]]
successor code. (42 U.S.C. 6833(b)(2)(B)(i)) If the Secretary makes a
determination that the revised Standard will not improve energy
efficiency in commercial buildings, then State commercial codes shall
meet or exceed the last revised Standard for which the Secretary has
made a positive determination. (42 U.S.C. 6833(b)(2)(B)(ii)) Therefore,
DOE has preliminarily determined that the Secretary's determination is
not a major Federal action that would have direct environmental
impacts. Accordingly, DOE has not prepared an environmental assessment
or an environmental impact statement.
Review Under Executive Order 13132, ``Federalism''
Executive Order 13132 (64 FR 43255) imposes certain requirements on
agencies formulating and implementing policies or regulations that pre-
empt State law or that have federalism implications. Agencies are
required to examine the constitutional and statutory authority
supporting any action that would limit the policymaking discretion of
the States and carefully assess the necessity for such actions. DOE has
reviewed the statutory authority, and Congress found that:
(1) Large amounts of fuel and energy are consumed unnecessarily
each year in heating, cooling, ventilating, and providing domestic hot
water for newly constructed residential and commercial buildings
because such buildings lack adequate energy conservation features;
(2) Federal voluntary performance standards for newly constructed
buildings can prevent such waste of energy, which the Nation can no
longer afford in view of its current and anticipated energy shortage;
(3) The failure to provide adequate energy conservation measures in
newly constructed buildings increases long-term operating costs that
may affect adversely the repayment of, and security for, loans made,
insured, or guaranteed by Federal agencies or made by federally insured
or regulated instrumentalities; and
(4) State and local building codes or similar controls can provide
an existing means by which to ensure, in coordination with other
building requirements and with a minimum of Federal interference in
State and local transactions, that newly constructed buildings contain
adequate energy conservation features. (42 U.S.C. 6831)
Pursuant to Section 304(b) of ECPA, DOE is statutorily required to
determine whether the most recent edition of Standard 90.1 would
improve the level of energy efficiency in commercial buildings as
compared to the previous edition. If DOE makes a positive
determination, the statute requires each State to certify that it has
reviewed and updated the provisions of its commercial building code
regarding energy efficiency with respect to the revised or successor
codes. (42 U.S.C. 6833(b)(2)(B)(i))
Executive Order 13132 requires meaningful and timely input by State
and local officials in the development of regulatory policies that have
federalism implications unless funds necessary to pay the direct costs
incurred by the State and local governments in complying with the
regulation are provided by the Federal Government. (62 FR 43257)
Pursuant to Section 304(e) of ECPA, the DOE Secretary is required to
provide incentive funding to States to implement the requirements of
section 304, and to improve and implement State residential and
commercial building energy efficiency codes, including increasing and
verifying compliance with such codes. In determining whether, and in
what amount, to provide incentive funding, the Secretary must consider
the actions proposed by the State to implement the requirements of this
section, to improve and implement residential and commercial building
energy efficiency codes, and to promote building energy efficiency
through the use of such codes. (See 42 U.S.C. 6833(e)) Therefore,
consultation with States and local officials regarding this preliminary
determination was not required.
However, DOE notes that State and local governments were invited to
participate in the development Standard 90.1-2013. The ASHRAE Standard
is developed in a national, ANSI-approved consensus process open to the
public, and in which State and local governments may participate, along
with the general public. The updated Standard is the product of a
series of amendments to the prior edition of the Standard, with each
addendum made available for public review with any interested party
having the ability to submit comments. Comments on the addendum are
received, reviewed, and resolved through an established process
commonly utilized in generating industry consensus standards. Members
of the Standard 90.1 project committee have included representatives of
State and local governments. DOE believes that this process has given
State and local jurisdictions extensive opportunity to comment and
express any concerns on Standard 90.1-2013, the subject of this
preliminary determination.
On issuance of a final determination that Standard 90.1-2013 would
improve the energy efficiency of commercial buildings, ECPA requires
each State to certify to the Secretary that it has reviewed and updated
the provisions of its commercial building code regarding energy
efficiency to meet or exceed the requirements of Standard 90.1-2013.
DOE notes that ECPA sets forth this requirement for States. (42 U.S.C.
6833(b)(2)(B)(i)) States are given broad freedom to either adopt
Standard 90.1-2013 or develop their own code that meets or exceeds
Standard 90.1-2013.
Review Under Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally
requires Federal agencies to examine closely the impacts of regulatory
actions on State, local, and tribal governments. Subsection 101(5) of
Title I of that law defines a Federal intergovernmental mandate to
include any regulation that would impose upon State, local, or tribal
governments an enforceable duty, except a condition of Federal
assistance or a duty arising from participating in a voluntary Federal
program. Title II of that law requires each Federal agency to assess
the effects of Federal regulatory actions on State, local, and tribal
governments, in the aggregate, or to the private sector, other than to
the extent such actions merely incorporate requirements specifically
set forth in a statute. Section 202 of that title requires a Federal
agency to perform an assessment of the anticipated costs and benefits
of any rule that includes a Federal mandate that may result in costs to
State, local, or tribal governments, or to the private sector, of $100
million or more. Section 204 of that title requires each agency that
proposes a rule containing a significant Federal intergovernmental
mandate to develop an effective process for obtaining meaningful and
timely input from elected officers of State, local, and tribal
governments.
Consistent with previous determinations, DOE has completed its
review, and concluded that impacts on state, local and tribal
governments are less than the $100 million threshold specified in the
Unfunded Mandates Act. Accordingly, no further action is required under
the Unfunded Mandates Reform Act of 1995. Documentation supporting this
review is contained in Appendix D of the full Quantitative Analysis
technical support document (TSD) \11\ available at http://
[[Page 27794]]
www.energycodes.gov/regulations/determinations.
---------------------------------------------------------------------------
\11\ Halverson et al., ANSI/ASHRAE/IES Standard 90.1-2013
Preliminary Determination: Quantitative Analysis (PNNL, Richland, WA
(US), March 2014), available at http://www.pnnl.gov/main/publications/external/technical_reports/pnnl-23236.pdf.
---------------------------------------------------------------------------
Review Under the Treasury and General Government Appropriations Act of
1999
Section 654 of the Treasury and General Government Appropriations
Act of 1999 (Pub. L. 105-277) requires Federal agencies to issue a
Family Policymaking Assessment for any rule that may affect family
well-being. Today's action would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
Review Under the Treasury and General Government Appropriations Act of
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by the
Office of Management and Budget (OMB). Both OMB and DOE have published
established relevant guidelines (67 FR 8452 and 67 FR 62446,
respectively). DOE has reviewed today's action under the OMB and DOE
guidelines, and has concluded that it is consistent with applicable
policies in those guidelines.
Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' (66 FR
28355), requires Federal agencies to prepare and submit to the OMB a
Statement of Energy Effects for any proposed significant energy action.
A ``significant energy action'' is defined as any action by an agency
that promulgated or is expected to lead to promulgation of a final
rule, and that: (1) Is a significant regulatory action under Executive
Order 12866, or any successor order; and (2) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (3) is designated by the Administrator of the OMB Office of
Information and Regulatory Affairs (OIRA) as a significant energy
action. For any proposed significant energy action, the agency must
give a detailed statement of any adverse effects on energy supply,
distribution, or use, should the proposal be implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use. Today's action would not have a
significant adverse effect on the supply, distribution, or use of
energy and is therefore not a significant energy action. Accordingly,
DOE has not prepared a Statement of Energy Effects.
Review Under Executive Order 13175
Executive Order 13175, ``Consultation and Coordination with Indian
tribal Governments'' (65 FR 67249), requires DOE to develop an
accountable process to ensure ``meaningful and timely input by tribal
officials in the development of regulatory policies that have tribal
implications.'' ``Policies that have tribal implications'' refers to
regulations that have ``substantial direct effects on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.'' Today's action is
not a policy that has ``tribal implications'' under Executive Order
13175. DOE has reviewed today's action under Executive Order 13175 and
has determined that it is consistent with applicable policies of that
Executive Order.
VIII. Public Participation
DOE will accept comments, data, and information regarding this
proposed rule no later than the date provided in the DATES section at
the beginning of this preliminary determination. Interested parties may
submit comments, data, and other information using any of the methods
described in the ADDRESSES section at the beginning of this notice.
Submitting Comments via the Regulations.gov Web site
The Regulations.gov Web page will require you to provide your name
and contact information. Your contact information will be viewable to
DOE Building Technologies staff only. Your contact information will not
be publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment itself or in any documents attached to your
comment. Any information that you do not want to be publicly viewable
should not be included in your comment, nor in any document attached to
your comment. Otherwise, persons viewing comments will see only first
and last names, organization names, correspondence containing comments,
and any documents submitted with the comments.
Do not submit to Regulations.gov information for which disclosure
is restricted by statute, such as trade secrets and commercial or
financial information (hereinafter referred to as Confidential Business
Information (CBI)). Comments submitted through Regulations.gov cannot
be claimed as CBI. Comments received through the Web site will waive
any CBI claims for the information submitted. For information on
submitting CBI, see the Confidential Business Information section
below.
DOE processes submissions made through Regulations.gov before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that Regulations.gov
provides after you have successfully uploaded your comment.
Submitting Comments via Email, Hand Delivery/Courier, or Mail
Comments and documents submitted via email, hand delivery, or mail
also will be posted to Regulations.gov. If you do not want your
personal contact information to be publicly viewable, do not include it
in your comment or any accompanying documents. Instead, provide your
contact information in a cover letter. Include your first and last
names, email address, telephone number, and optional mailing address.
The cover letter will not be publicly viewable as long as it does not
include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via mail or hand
delivery/courier, please provide all items on a CD, if feasible. It is
not necessary to submit printed copies. No facsimiles (faxes) will be
accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, that are written in English, and that are free of any
defects or viruses. Documents should not contain special characters or
any form of encryption
[[Page 27795]]
and, if possible, they should carry the electronic signature of the
author.
Campaign Form Letters
Please submit campaign form letters by the originating organization
in batches of between 50 to 500 form letters per PDF or as one form
letter with a list of supporters' names compiled into one or more PDFs.
This reduces comment processing and posting time.
Confidential Business Information
According to 10 CFR 1004.11, any person submitting information that
he or she believes to be confidential and exempt by law from public
disclosure should submit via email, postal mail, or hand delivery/
courier two well-marked copies: One copy of the document marked
confidential including all the information believed to be confidential,
and one copy of the document marked non-confidential with the
information believed to be confidential deleted. Submit these documents
via email or on a CD, if feasible. DOE will make its own determination
about the confidential status of the information and treat it according
to its determination.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include: (1) A description of the
items; (2) whether and why such items are customarily treated as
confidential within the industry; (3) whether the information is
generally known by or available from other sources; (4) whether the
information has previously been made available to others without
obligation concerning its confidentiality; (5) an explanation of the
competitive injury to the submitting person which would result from
public disclosure; (6) when such information might lose its
confidential character due to the passage of time; and (7) why
disclosure of the information would be contrary to the public interest.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
Notification of Special Requests
In preparation for future technical assistance activities, DOE is
interested in public comments and additional information regarding the
costs and benefits associated with the adoption and use of Standard
90.1, as a whole, and appropriate methodologies for assessing costs,
benefits and cost-effectiveness. As discussed in the Methodology
section of this document, DOE is directed to provide technical
assistance to States to support implementation of State residential and
commercial building energy efficiency codes. (42 U.S.C. 6833(d)) As
part of its technical assistance role, DOE previously established a
methodology by which it evaluates the cost effectiveness of energy
codes (78 FR 47677). In the coming months, DOE intends to publish a
request for information (RFI) to update this methodology, and to ensure
DOE activities continue to remain in alignment with the national model
code development processes. In particular, DOE will be interested in
public comments identifying available and adequate sources of data to
support national and State-level cost analysis, such as localized cost
data and construction practices. DOE expects to use such input in
updating its own cost-effectiveness methodology, and in applying this
methodology through technical assistance functions, including the
evaluation of published model energy codes, as well as proposed
changes.
Issued in Washington, DC, on May 8, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
[FR Doc. 2014-11218 Filed 5-14-14; 8:45 am]
BILLING CODE 6450-01-P