[Federal Register Volume 79, Number 187 (Friday, September 26, 2014)]
[Notices]
[Pages 57900-57915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22882]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Docket No. EERE-2014-BT-DET-0009]
RIN 1904-AD27
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 determination.
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SUMMARY: The U.S. Department of Energy (DOE) has determined that the
2013 edition of the ANSI/ASHRAE/IES \1\ Standard 90.1: 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 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. Upon publication of this
affirmative determination, States are 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: Certification statements provided by States must be submitted by
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September 28, 2015.
ADDRESSES: Certification Statements must be addressed to the Building
Technologies Office--Building Energy Codes Program Manager, U.S.
Department of Energy, Office of Energy Efficiency and Renewable Energy,
1000 Independence Avenue SW., EE-5B, Washington, DC 20585.
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 Kavita Vaidyanathan; U.S.
Department of Energy, Office of the General Counsel, 1000 Independence
Avenue SW., GC-71, Washington, DC 20585; (202) 586-0669;
[email protected].
SUPPLEMENTARY INFORMATION:
I. Statutory Authority
II. Introduction
III. Methodology
IV. Summary of Findings
V. Determination Statement
VI. State Certification
VII. Regulatory Review & Analysis
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 its determination
in the Federal Register updating the reference code to Standard 90.1-
2010. (76 FR 64904)
ECPA also 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(b) 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
Publication of Standard 90.1-2013
The American Society of Heating, Refrigerating and Air-Conditioning
Engineers (ASHRAE) and Illuminating Engineering Society (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. The American National
Standards Institute (ANSI) approved the final addendum for inclusion in
the 2013 edition in 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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DOE Determination
In arriving at its 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-
[[Page 57901]]
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.
DOE published a Notice of Preliminary Determination regarding Standard
90.1-2013 in the Federal Register on May 15, 2014. (79 FR 27778)
Public Comments Regarding the Determination
DOE accepted public comments on the Notice of Preliminary
Determination for Standard 90.1-2013 until June 16, 2014. DOE received
timely submissions from a total of three commenters. These comments are
discussed below.
Jim Ranfone submitted a written document (Docket No. EERE-2014-BT-
DET-0009-0002) containing three comments. In his first comment, Mr.
Ranfone questions the economic basis of Standard 90.1, in particular
the fact that ASHRAE does not use marginal costs for natural gas. Mr.
Ranfone indicates that this will overstate the cost savings from the
energy upgrades in the Standard. In response, DOE notes that it is
directed by statute to evaluate published editions of Standard 90.1 and
issue a determination as to whether the updated edition will result in
energy savings in commercial buildings. DOE is not given the authority
to dictate specific economic criteria informing the decisions of the
ASHRAE Standard 90.1 Committee. DOE notes that the membership of the
ASHRAE Standard 90.1 Committee, itself, develops economic criteria to
inform its decisions surrounding the cost-effectiveness of proposed
code changes. As a national model, the Standard 90.1 Committee chose to
reference national average values in the development of the Standard.
In his second comment, Mr. Ranfone questioned the use of a blended rate
for heating costs. He contends that the blended rate skews the basic
energy cost assumptions by overstating efficiency improvements that
affect natural gas, and understating electric savings for improvements
affecting electricity savings. In response, DOE notes that it is
directed by statute to evaluate published editions of Standard 90.1,
and issue a determination as to whether the updated edition will result
in energy savings in commercial buildings. DOE is not given the
authority to dictate specific cost parameters and other economic
criteria informing the decisions of the ASHRAE Standard 90.1 Committee.
Specific to the topic of ``blended'' utility costs, DOE has reviewed
the economic criteria established by the ASHRAE Standard 90.1
Committee, and notes criteria employed in Standard 90.1-2013 as
consistent with past criteria used in the development of the Standard--
an approach that appears unchanged since the development of Standard
90.1-1999. In his third comment, Mr. Ranfone also questioned the
inclusion of requirements in Standard 90.1-2013 that are neutral in
terms of energy efficiency, but which would add costs for compliance,
specifically citing requirements for electric and fuel meters. In
response, DOE again notes its statutory role in assessing energy
savings associated with Standard 90.1, and in issuing a determination
of energy savings for commercial buildings. DOE is not given the
authority to reconcile costs of specific code provisions, or overall
economics surrounding updated codes, as part of its energy savings
determination. Rather, such consideration is provided directly as part
of the code development and consensus process. In general, DOE
acknowledges that code changes which do not have a direct impact on
energy efficiency are common, including a number of changes in Standard
90.1-2013. Such changes often target an alternative objective, such as
improved code usability or enforceability, but which otherwise seek to
improve the design and construction of energy efficient buildings.
Within the context of the DOE determination, individual addenda
included in Standard 90.1-2013 are identified and further evaluated in
the supplementary technical support documents.
The Responsible Energy Codes Alliance (RECA) submitted a written
document (Docket No. EERE-2014-BT-DET-0009-0003) containing five
comments. In its first comment, RECA encourages the Department to
provide an itemized comparison between Standard 90.1 and the IECC. DOE
has previously conducted this type of additional analysis as technical
assistance for States and adopting localities in understanding the
provisions of the respective editions of Standard 90.1 and the IECC.
DOE acknowledges the comparison between Standard 90.1 and the IECC as
an important resource for States. In line with historical practice, and
as budgets allow, DOE may prepare such a comparison for Standard 90.1-
2013 and the 2015 IECC commercial provisions. RECA encourages the
Department to quickly finalize this Determination. DOE understands the
importance of fulfilling its directives in a timely manner, and intends
to complete its determination within the statutory timeline set forth
in 42 U.S.C. 6833(b)(2)(A). In its third comment, RECA strongly
encourages the Department to provide resources to improve the overall
compliance rates with commercial energy codes, as well as compliance
with specific sections. DOE recognizes the significant energy savings
potential associated with ensuring code-intended energy savings, and
acknowledges the importance of resources to improve compliance rates.
In a continuing effort, DOE intends to provide technical assistance in
the form of training materials and support for commercial codes in
order to improve compliance rates. DOE also recently issued a Funding
Opportunity Announcement (FOA) for improving residential energy code
compliance, and, in the future, will investigate means of providing
additional support pertaining to commercial energy codes. In its fourth
comment, RECA does not believe that DOE may consider cost-effectiveness
as part of its determination process, but does believe that DOE should
provide cost-effectiveness analyses to States. As DOE has stated in its
Notice of Preliminary Determination, it did not evaluate cost-
effectiveness as part of its energy savings determination. However, DOE
intends to continue providing national and state-level cost-
effectiveness analyses as technical assistance to States, as has been
completed in the past for Standard 90.1-2010 at http://www.energycodes.gov/development/commercial/cost_effectiveness.
In its fifth comment, RECA believes the DOE cost-effectiveness
methodology is a reasonable compromise representing diverse stakeholder
interests, and that the Department should maintain the same methodology
for Standard 90.1-2013 and the 2015 IECC. DOE also acknowledges RECA's
previous comments on the cost-effectiveness methodology in Docket No.
EERE-2011-BT-BC-0046. In response, DOE intends to continue to use its
current cost-effectiveness methodology for analysis of Standard 90.1-
2013. In addition, DOE is looking into the possibility of updating its
methodology for evaluating the cost-effectiveness of building energy
codes through a public request for information in the coming months,
and to be used in analyzing future building energy codes and standards.
DOE may
[[Page 57902]]
issue a request for information prior to finalizing the new
methodology.
The Edison Electric Institute (EEI) submitted a written document
(Docket No. EERE-2014-BT-DET-0009-0004) containing three comments. In
its first comment, EEI suggests DOE should only use site energy and
energy cost results in its determination on Standard 90.1-2013, and
that source energy results should not be used. DOE notes that EEI
submitted a similar comment on the Notice of Preliminary Determination
for Standard 90.1-2010. DOE considered the comment again and is again
rejecting the comment. DOE continues to believe that, in addition to
the site metric, source energy estimates are important to the
discussion of global resources and environmental issues. In its second
comment, EEI suggests energy savings from new or updated Federal
appliance and equipment standards should be incorporated into the
determination on Standard 90.1-2013. DOE notes that EEI submitted a
similar comment on the Notice of Preliminary Determination for Standard
90.1-2010. DOE considered the comment again and is again rejecting the
comment. Many appliance and equipment standards are not established
directly within Standard 90.1, but rather are established by the
Federal government. For this reason, DOE continues to believe that
energy savings resulting from new or updated Federal standards should
not be incorporated into its determinations. In its third comment, EEI
suggests that value associated with primary energy for electricity is
overstated based on four specific reasons: (1) DOE considered only
commercial customers, not residential and industrial customers; (2) the
EIA fossil fuel heat rate is too high; (3) on-site renewable energy is
included in EIA's data and that inflates the primary energy data; and
(4) estimates of primary energy values should look forward not
backward. DOE notes that EEI submitted a similar comment on the Notice
of Preliminary Determination for Standard 90.1-2010. DOE considered the
comment again and is again rejecting the comment because DOE continues
to believe that its use of EIA data, conversion factors, and treatment
of renewable energy is appropriate.
In its Notice of Preliminary Determination, DOE expressed interest
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 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. During the public comment period, DOE did not
receive any comments (i.e., outside of factors acknowledged above) on
the overall costs and benefits associated with building energy codes.
In the coming months, DOE intends to issue a public request for
information to update its cost-effectiveness analysis methodology, and
in preparation to continue providing such technical analysis and
assistance to States implementing building energy codes.
III. Methodology
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.
IV. Summary of Findings
In performing its determination, DOE performed both a qualitative
and quantitative analysis of the requirements contained in Standard
90.1-2013. 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 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 its
determination of energy savings.
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),\4\ available at http://www.energycodes.gov/regulations/determinations.
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\4\ Halverson et al., ANSI/ASHRAE/IES Standard 90.1-2013
Determination of Energy Savings: Qualitative Analysis (PNNL,
Richland, WA (US), July 2014), available at http://www.pnnl.gov/main/publications/external/technical_reports/pnnl-23481.pdf.
[[Page 57903]]
Table IV.1--Qualitative Analysis Findings
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Sections affected Impact on energy
Number Addendum to standard within the Description of changes efficiency
90.1-2010 \5\ standard (justification)
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1................. 90.1-2010a............ 10. Other Specifies that nominal Neutral (simply
Equipment and efficiencies for motors are specifies
12. Normative required to be established in alternate
References. accordance with 10 CFR 431 rating
instead of National Electrical standard).
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 Requires escalators and moving Minor + (reduces
Equipment and walks to automatically slow escalator and
12. Normative when not conveying passengers. moving walkway
References. The corresponding reference to energy).
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 fans to building
Section G3.1.1, Baseline HVAC performance
System Type and Definition. tradeoff method
Lab exhaust fans are required only).
to be modeled as constant
horsepower, reflecting
constant volume stack
discharge with outside air
bypass.
4................. 90.1-2010e............ Appendix G....... Updates language in Section Neutral (whole
G3.1, part 5, ``Building building
Envelope,'' to require that performance
existing buildings use the tradeoff method
same envelope baseline as new only).
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 building only).
performance for new buildings
and additions.
6................. 90.1-2010g............ 6. Heating, Adds efficiency requirements Neutral (adopts
Ventilating, and for commercial refrigerators, Federal
Air-Conditioning freezers, and refrigeration standards).
and 12. equipment. Table 6.8.1L and
Normative Table 6.8.1M (now Tables 6.8.1-
References. 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 efficiency Minor +
Ventilating, and standards for water-to-air (increases
Air-Conditioning. heat pumps (water loop, ground stringency of
water, and ground loop). The existing
proposed cooling energy requirements).
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 +
Ventilating, and efficiency standards for (increases
Air-Conditioning single-package vertical air stringency of
and 3. conditioners (SPVAC) and existing
Definitions. single-package vertical heat requirements).
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 efficiency Minor--(due to
Ventilating, and requirements of evaporatively correction of
Air-Conditioning. cooled units, of size category an error in the
240,000 Btu/h to 760,000 Btu/h previous
and heating type-other, in Standard).
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 8.1 and Neutral (simply
Normative specifies that nominal specifies
References. efficiencies would be alternative
established in accordance with rating
the 10 CFR 431 test procedure standard).
for low-voltage dry-type
transformers. The
corresponding references have
also been added in Chapter 12.
11................ 90.1-2010l............ 6. Heating, Clarifies fan power limitations Neutral
Ventilating, and contained in Standard 90.1- (editorial
Air-Conditioning. 2010 that required the user to correction).
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 requirements Major + (adds
for lighting alterations, for control
interior and exterior requirements
applications. Adds a section for lighting
for submittals and includes alterations).
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.
[[Page 57904]]
13................ 90.1-2010n............ 10. Other Clarifies that the total lumens Neutral
Equipment. per watt for the entire (clarification
elevator cab is required to only).
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 Adds the definition for Minor + (reduces
Envelope and 3. sectional garage doors. Also air leakage in
Definitions. modifies Section 5.4.3.2 (d), glazed
``fenestration air leakage sectional
provisions for doors,'' to garage doors).
include requirements for
glazed sectional garage doors.
15................ 90.1-2010p............ 5. Building Modifies Section 5.5.3.1 and Neutral (simply
Envelope and 12. requires roof solar specifies an
Normative reflectance and thermal alternative
References. emittance testing to be in rating
accordance with Cool Roof standard).
Rating Council (CRRC)-1
Standard. Also modifies
Section 12 by adding the
reference for CRRC.
16................ 90.1-2010q............ 3. Definitions, Modifies Section 3 by changing Neutral
5. Building the definition of dynamic (clarification
Envelope, and glazing to include glazing only).
12. Normative systems or infill as well as
References. 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 Clarifies the requirements Neutral (whole
12. Normative related to temperature and building
References. humidity control in Appendix G performance
and relocates all related tradeoff method
wording to the ``Schedules'' only).
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 requirement for Minor + (ensures
Ventilating, and the static pressure sensor savings from
Air-Conditioning. location and the control static pressure
requirements for setpoint reset are
reset for systems with direct achieved).
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 Fan Major + (applies
Ventilating, and Efficiency Grade (FEG) and new
Air- requires each fan have a FEG requirements to
Conditioning, 3. of 67 or higher as defined by individual
Definitions, and Air Movement and Control fans).
12. Normative Association (AMCA) 205-10,
References. ``Energy Efficiency
Classification for Fans''.
20................ 90.1-2010v............ 8. Power......... Clarifies the requirement for Neutral
controlled receptacles in open (clarification
offices applications by only).
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, Adds definitions for on-site Neutral (whole
11. Energy Cost renewable energy and purchased building
Budget Method, energy. Clarifies the process performance
and Appendix G. for accounting for on-site tradeoff method
renewable energy and purchased only).
energy as well as calculating
the annual energy costs in the
ECB approach and Appendix G.
22................ 90.1-2010y............ 3. Definitions Revises the definitions of Neutral (adopts
and 10. Other general purpose electric Federal
Equipment. motors (subtype I & II) based standards).
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 requirements for Neutral
Ventilating, and water economizers into the (editorial
Air-Conditioning. main economizer section, only).
Section 6.5.1.5.
[[Page 57905]]
24................ 90.1-2010aa........... 6. Heating, Eliminates the contingency on Minor +
Ventilating, and DDC system existence for (requires
Air-Conditioning setpoint overlap restrictions, additional HVAC
and 3. humidification and controls).
Definitions. 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 specific Neutral (updates
References. addenda to Air-Conditioning, references
Heating, and Refrigeration only).
Institute (AHRI) standards 340/
360 and 1230 being referenced.
26................ 90.1-2010ae........... 12. Normative Adds reference to specific Neutral (updates
References. addenda to AHRI standards 210/ references
240 and 550/590 being only).
referenced.
27................ 90.1-2010af........... 6. Heating, Modifies heat rejection Minor + (reduces
Ventilating, and equipment (cooling tower) cooling tower
Air-Conditioning. requirements to require that energy usage).
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 Establishes a method for Neutral (whole
12. Normative gaining credit in Appendix G building
References. for buildings that undergo performance
whole building air leakage tradeoff method
testing to demonstrate that only).
they have an airtight building.
29................ 90.1-2010ah........... Appendix G....... Sets system sizing requirements Neutral (whole
in Appendix G for humid building
climates based on humidity performance
ratio instead of supply air tradeoff method
temperature differential. Sets only).
baseline system
dehumidification requirements.
30................ 90.1-2010ai........... Appendix G....... Modifies Appendix G to account Neutral (whole
for three prescriptive addenda building
that were incorporated into performance
Standard 90.1-2010, but did tradeoff method
not make it into Appendix G in only).
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 horsepower Minor + (reduces
Ventilating, and motors >=1/12 hp to be fractional
Air-Conditioning. electronically commutated horsepower
motors or have a minimum 70% motor energy
efficiency in accordance with usage).
10 CFR 431. Also requires
adjustable speed or other
method to balance airflow.
32................ 90.1-2010al........... Appendix G....... Establishes a consistent fuel Neutral (whole
source for space heating for building
baseline systems based on performance
climate zone. Establishes a tradeoff method
consistent fuel source for only).
service water heating (SWH)
based on building type.
33................ 90.1-2010am........... 6. Heating, Establishes minimum turndown Major + (reduces
Ventilating, and for boilers and boiler plants energy usage
Air-Conditioning. with design input power of at for large
least 1,000,000 Btu/h. boilers).
34................ 90.1-2010an........... Appendix C....... Rewrites entire Appendix C to Neutral
use a simulation based (alternative
approach for envelope compliance
tradeoffs. method only).
35................ 90.1-2010ap........... 6. Heating, Adds power usage effectiveness Neutral
Ventilating, and (PUE) as an alternative (alternative
Air-Conditioning compliance methodology for compliance
and 3. data centers. method only).
Definitions.
36................ 90.1-2010aq........... 6. Heating, Expands the requirements for Major + (reduces
Ventilating, and fan speed control for both fan energy
Air-Conditioning chilled water and unitary usage).
and 11. Energy direct expansion systems. In
Cost Budget. 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 prescriptive Neutral (adopts
Ventilating, and requirements for walk-in Federal
Air-Conditioning coolers and freezers and standards).
and 3. refrigerated display cases.
Definitions.
38................ 90.1-2010as........... 6. Heating, Requires humidifiers mounted in Minor + (reduces
Ventilating, and the airstream to have an humidification
Air-Conditioning. automatic control valve energy usage).
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).
[[Page 57906]]
39................ 90.1-2010at........... 3. Definitions, Deletes the term ``clerestory'' Neutral
5. Building and instead adds ``roof (clarification
Envelope, and 9. monitor'' and clarifies the only).
Lighting. definition. Changes the
references in Chapters 5 and 9
from clerestory to roof
monitor.
40................ 90.1-2010au........... 6. Heating, Modifies Table 6.5.3.1.1B, Minor +
Ventilating, and which addresses fan power (restricts
Air-Conditioning. limitation pressure drop sound
adjustment credits. Deductions attenuation
from allowed fan power are credit and adds
added for systems without any deductions for
central heating or cooling as certain
well as systems with electric systems).
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, applicable to number of
Air-Conditioning. Tier IV data centers, to make exceptions).
economizer exceptions more
stringent and in agreement
with ASHRAE TC 9.9.
42................ 90.1-2010aw........... 11. Energy Cost Updates the reference year for Neutral (whole
Budget and ASHRAE Standard 140 and building
Appendix G. exempts software used for ECB performance
and Appendix G compliance from tradeoff method
having to meet certain only).
sections of ASHRAE Standard
140.
43................ 90.1-2010ax........... Appendix G....... Modifies Table G3.1, Part 14 of Neutral (whole
Appendix G to exclude the building
condition that permits a performance
building surface, shaded by an tradeoff method
adjacent structure, to be only).
simulated as north facing if
the simulation program is
incapable of simulating
shading by adjacent structures.
44................ 90.1-2010ay........... 3. Definitions Modifies daylighting Minor +
and 9. Lighting. requirements. Modifies (requires
definitions for daylight area additional
under skylights, daylight area controls).
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 +
Ventilating, and efficiency of open circuit (increase
Air-Conditioning. axial fan cooling towers. An efficiency of
additional requirement has cooling
been added for all types of towers).
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 door Minor + (reduces
Ventilating, and switches to disable or reset heating and
Air-Conditioning. mechanical heating or cooling cooling when
when doors without automatic doors are left
door closers are left open. open).
47................ 90.1-2010bb........... 3. Definitions, Modifies the building envelope Major +
5. Building requirements for opaque (increases
Envelope, 11. assemblies and fenestration in stringency of
Energy Cost tables 5.5.1 through 5.5.8. building
Budget Method, Adds and modifies text in envelope
and Appendix A. Section 5. Adds new visible requirements).
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 for Minor +
automatic lighting control for (requires
guestroom type spaces. automatic
Exceptions to this requirement control of
are lighting and switched lighting and
receptacles controlled by switched
captive key systems. receptacles in
hotel rooms).
49................ 90.1-2010bd........... 9. Lighting...... Adds more specific requirements Minor +
for the functional testing of (improves
lighting controls, functional
specifically, occupancy testing of
sensors, automatic time lighting
switches, and daylight controls).
controls.
50................ 90.1-2010be........... 9. Lighting...... Makes minor revisions to Neutral
Section 9.7.2.2, which (clarification
addresses the scope of the only).
operating and maintenance
manuals required for lighting
equipment and controls.
[[Page 57907]]
51................ 90.1-2010bf........... 8. Power......... Addresses Section 8.4.2 on Minor + (reduces
automatic receptacle control plug loads).
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 Adds low-emissivity (low-E) Minor +
Envelope. requirements for storm window (requires low-E
retrofits. storm windows
in retrofits).
53................ 90.1-2010bh........... 9. Lighting...... Modifies Table 9.6.1 Space-By- Minor + (overall
Space Lighting Power Density lighting power
allowance. densities are
reduced).
54................ 90.1-2010bi........... 6. Heating, Increases seasonal energy Minor +
Ventilating, and efficiency ratio and heating (increases
Air-Conditioning. seasonal performance factor stringency of
for air-cooled commercial air existing
conditioners and heat pumps requirements).
below 65,000 Btu/h. (Effective
1/1/2015).
55................ 90.1-2010bj........... 6. Heating, Re-establishes the product Neutral (re-
Ventilating, and class for small duct high establishes
Air-Conditioning. velocity air conditioners and efficiency
heat pumps. Adds efficiency requirements
requirements for systems at that do not
<65.000 Btu/h below level of meet the level
current Federal standards. of Federal
standards).
56................ 90.1-2010bk........... 6. Heating, Increases cooling efficiency Minor +
Ventilating, and for packaged terminal air (increases
Air-Conditioning. conditioners. stringency of
existing
requirements).
57................ 90.1-2010bl........... 11. Energy Cost Provides rules for removing fan Neutral (whole
Budget and energy from efficiency metrics building
Appendix G. when modeling in ECB or performance
Appendix G. tradeoff method
only).
58................ 90.1-2010bn........... 8. Power and 10. Establishes electric and fuel Neutral
Other Equipment. metering requirements. (metering by
itself does not
save energy).
59................ 90.1-2010bo........... 7. Service Water Requires buildings with SWH Minor +
Heating. capacity >=1million Btu/h to (requires large
have average thermal new gas SWH
efficiency of at least 90%. systems to have
Updates Table 7.8 to reflect higher average
Federal requirements for efficiency).
electric water heaters.
Updates the reference standard
for swimming pool water
heaters to ASHRAE Standard 146.
60................ 90.1-2010bp........... 6. Heating, Adds efficiency requirements Minor + (adds
Ventilating, and (Btu/h-hp) to Table 6.8.1G efficiency
Air-Conditioning (now Table 6.8.1-7 in Standard requirements
and 12. 90.1-2013) for evaporative for new
Normative condensers with ammonia products).
References. refrigerants.
61................ 90.1-2010bq........... 6. Heating, Adds prescriptive requirements Major + (adds
Ventilating, and for the efficiency and new efficiency
Air-Conditioning improved control of commercial requirements
and 3. refrigeration systems. for commercial
Definitions. refrigeration).
62................ 90.1-2010br........... 10. Other Updates motor efficiency tables Neutral
Equipment. (implements
Federal
standards).
63................ 90.1-2010bs........... 6. Heating, Reduces occupancy threshold for Minor + (reduces
Ventilating, and demand controlled ventilation ventilation
Air-Conditioning. from greater than 40 people energy usage).
per 1000 ft\2\ to equal to or
greater than 25 people per
1000 ft\2\ with exemptions for
certain occupancies.
64................ 90.1-2010bt........... 6. Heating, Reduces the system size and Minor + (expands
Ventilating, and outdoor air thresholds at the use of
Air-Conditioning. which energy recovery is exhaust air
required. (Relaxed in some energy recovery
climate zones.). to lower
percent outdoor
air).
65................ 90.1-2010bv........... 5. Building Reduces the area threshold at Minor + (reduces
Envelope. which skylights and lighting energy
daylighting controls are usage).
required.
66................ 90.1-2010bw........... 5. Building Modifies orientation Minor +
Envelope and 11. requirements and adds solar (provides
Energy Cost heat gain coefficient tradeoff. design
Budget Method. flexibility).
[[Page 57908]]
67................ 90.1-2010bx........... 9. Lighting...... Clarifies exceptions to Neutral
occupancy sensor requirements. (clarification
only).
68................ 90.1-2010by........... 9. Lighting...... Significantly modifies the way Major +
requirements are presented in (requires more
Section 9. Requires the use of controls in
certain lighting controls in more spaces and
more space types. Reduces the reduces time to
amount of time after occupants reduction or
vacate a space for lights to shutoff).
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, which Neutral
specifies requirements for (metering by
installation of basic itself does not
electrical metering of major save energy).
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 requirements for Minor + (reduces
Ventilating, and heating systems in vestibules. vestibule
Air-Conditioning. heating energy
usage).
71................ 90.1-2010cb........... 6. Heating, Revises night setback Minor + (expands
Ventilating, and requirements to a reset of 10 heating and
Air-Conditioning. [deg]F heating and 5 [deg]F cooling
cooling and removes exceptions setbacks).
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 requirements Minor + (adds
Ventilating, and (Btu/h-hp) to Table 6.8.1G efficiency
Air-Conditioning. (now Table 6.8.1-7 in Standard requirements
90.1-2013) for evaporative for new
condensers with R-507A. products).
73................ 90.1-2010cd........... 6. Heating, Provides definition for Neutral
Ventilating, and ``piping'' to include all (editorial
Air- accessories in series with only).
Conditioning, 7. pipe such as pumps, valves,
Service Water strainers, air separators,
Heating, and 3. etc. This is meant to clarify
Definitions. that these accessories need to
be insulated.
74................ 90.1-2010ce........... Appendix G....... Establishes a baseline system Neutral (whole
type for retail occupancies building
less than three stories in performance
Appendix G. tradeoff method
only).
75................ 90.1-2010cf........... Appendix G....... Establishes baseline window-to- Neutral (whole
wall ratio in Appendix G for building
strip malls. performance
tradeoff method
only).
76................ 90.1-2010cg........... 11. Energy Cost Modifies the simulation Neutral (whole
Budget and requirements for modeling building
Appendix G. mandatory automatic performance
daylighting controls as well tradeoff method
as automatic lighting only).
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 water-cooled Minor +
Ventilating, and chiller efficiencies in Table (increases
Air-Conditioning. 6.8.1C (now Table 6.8.1-3 in stringency of
Standard 90.1-2013). Exempts existing
water-cooled positive requirements).
displacement chillers with
leaving condenser temperature
>=115 [deg]F (typically heat
reclaim chillers).
78................ 90.1-2010ci........... 3. Definitions, Modifies requirements for the Neutral (whole
11. Energy Cost cooling tower fans in Chapter building
Budget, and 11 baseline simulations, from performance
Appendix G. two-speed to variable speed. A tradeoff method
formula has been specified to only).
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 for Neutral (whole
computer rooms in Appendix G. building
performance
tradeoff method
only).
[[Page 57909]]
80................ 90.1-2010ck........... 6. Heating, Requires VAV dual maximum Minor +
Ventilating, and damper position when DDC (requires dual
Air-Conditioning. system is present and maximum control
clarifies dual maximum for VAV zones
sequence. with DDC.
81................ 90.1-2010cl........... 6. Heating, Increases integrated energy Minor +
Ventilating, and efficiency ratio requirements (increases
Air-Conditioning. for air-cooled air stringency of
conditioners and heat pumps existing
and EER requirements for water requirements).
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 Clarifies how to interpret the Neutral
Envelope. use of dynamic glazing (clarification
products given the only).
requirements in Addendum bb
(envelope requirements).
83................ 90.1-2010cn........... Appendix G....... Establishes modeling rules for Neutral (whole
laboratories with 100% outside building
air in Appendix G. performance
tradeoff method
only).
84................ 90.1-2010co........... 9. Lighting...... Comprehensive update of LPDs in Major +
Table 9.5.1--Building Area (decreases LPD
Method. in most
building
types).
85................ 90.1-2010cp........... 5. Building Corrects non-residential U- Minor +
Envelope. factor and R value (increases R
requirements for steel joist value
floors in CZ3. requirements
for steel joist
floors).
86................ 90.1-2010cr........... 9. Lighting and Makes a number of adjustments Minor + (plus on
12. Normative to Table 9.6.1, Space-by-space retail
References. LPD. outweighs some
negatives on
other building
types).
87................ 90.1-2010ct........... Appendix G....... Identifies heated only storage Neutral (whole
systems 9 and 10 in Appendix G building
as being assigned one system performance
per thermal zone. tradeoff method
only).
88................ 90.1-2010cv........... Appendix G....... Establishes baseline system Neutral (whole
types in Appendix G for building
Assembly occupancies. performance
tradeoff method
only).
89................ 90.1-2010cy........... 6. Heating, Reduces the design supply fan Minor + (applies
Ventilating, and air flow rate for which energy energy recovery
Air-Conditioning. recovery is required for requirements to
systems that operate more than smaller fan
8,000 hours per year. systems).
90................ 90.1-2010cz........... 6. Heating, Increases boiler efficiency for Neutral (adopts
Ventilating, and residential sized (National Federal
Air-Conditioning. Appliance Energy Conservation standards).
Act covered) equipment, <3,000
Btu/h.
91................ 90.1-2010da........... 5. Building Relaxes air leakage Minor--(relaxes
Envelope. requirements for high-speed air leakage
doors for vehicle access and requirements
material transport. for high-speed
doors).
92................ 90.1-2010db........... 5. Building Corrects residential U-factor Minor--(relaxes
Envelope. and R-value requirements for steel joist
steel joist floors in CZ3. floor
requirements in
CZ3).
93................ 90.1-2010dc........... 9. Lighting...... Clarifies automatic lighting Neutral
and switched receptacle (clarification
control in guest rooms as only).
applied to individual spaces.
94................ 90.1-2010dd........... 5. Building Clarifies roof insulation Neutral
Envelope and 3. requirements, differentiating (clarification
Definitions. between roof recovering (on only).
top of existing roof covering)
and replacement of roof
covering.
95................ 90.1-2010de........... 6. Heating, Relaxes design requirements for Minor--(relaxes
Ventilating, and waterside economizers for economizer
Air-Conditioning. computer rooms. requirements
for computer
rooms).
96................ 90.1-2010dg........... 12. Normative Updates reference to ANSI/CRRC- Neutral (updates
References l Standard 2012 (cool roof references
(related to 5. ratings). only).
Building
Envelope).
97................ 90.1-2010di........... 6. Heating, Establishes limits on using Minor + (reduces
Ventilating, and electric or fossil fuel to humidification
Air-Conditioning. humidify or dehumidify between energy usage).
30% and 60% relative humidity
except certain applications.
Requires deadband on humidity
controls.
[[Page 57910]]
98................ 90.1-2010dj........... 9. Lighting...... Additional lighting power Neutral
allowance for electrical/ (tradeoff of
mechanical rooms made additional
available to match 2010 level lighting power
provided there is separate for additional
control for the additional control).
lighting.
99................ 90.1-2010dk........... 9. Lighting...... Eliminates the exemption for Minor + (trades
wattage used in spaces where blanket
lighting is specifically exemption for
designed for those with age- more targeted
related eye conditions or LPD increases).
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 motel guest Minor + (new
room LPD. average LPD
less than
previous
requirements).
101............... 90.1-2010dm........... 5. Building Modifies Section 5.4.3.4 for Minor + (reduces
Envelope. vestibules. Adds a size limit vestibule
for large buildings, energy usage).
exemptions for semi-heated
spaces and elevator lobbies in
parking garages.
102............... 90.1-2010dn........... 6. Heating, Reduces the limits on hot gas Minor + (reduces
Ventilating, and bypass as a means of cooling hot gas
Air-Conditioning. capacity control. bypass).
103............... 90.1-2010do........... 12. Normative Updates references to AHRI 550, Neutral (updates
References AMCA 500, ANSI Z21.10.3 and references
(related to 6. Z21.47, ASHRAE 90.1 and 62.1, only).
Heating, NEMA MG 1, and NFPA 70 and 96.
Ventilating, and
Air-
Conditioning).
104............... 90.1-2010dp........... 3. Definitions Corrects the definition of walk- Neutral
(related to 6. in-cooler to be consistent (editorial
Heating, with Federal requirements. only).
Ventilating, and
Air-
Conditioning).
105............... 90.1-2010dq........... 6. Heating, Deletes sizing requirements for Minor--(eliminat
Ventilating, and pipes >24'' in diameter. es sizing
Air-Conditioning. requirements
for pipes above
24'' in
diameter).
106............... 90.1-2010dr........... 3. Definitions Clarifies definition of Neutral
(related to 5. building entrances to exclude (clarification
Building electrical room, mechanical only).
Envelope). rooms, and other utility
service entrances.
107............... 90.1-2010ds........... 5. Building Revises the definitions of Neutral
Envelope and 3. ``primary sidelighted area,'' (editorial
Definitions. ``secondary sidelighted only).
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 control of Minor +
exterior lighting integral to (expansion of
signage. Requires certain requirement to
types of exterior lighting all signage may
exempt from LPD requirements outweigh
to be separately controlled. addition of
exception).
109............... 90.1-2010dv........... 6. Heating, Establishes chiller and boiler Minor + (reduces
Ventilating, and fluid flow isolation off hour
Air-Conditioning. requirements so there is no chiller and
flow through the equipment boiler energy
when not in use. use).
110............... 90.1-2010dw........... 6. Heating, Revises high limit shutoff for Minor + (adds
Ventilating, and air economizers. Add sensor sensor accuracy
Air-Conditioning. accuracy requirements. 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.
---------------------------------------------------------------------------
\5\ Addenda as designated by ASHRAE and included in Standard
90.1-2013.
---------------------------------------------------------------------------
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.
[[Page 57911]]
Table IV.2--Overall Summary of Addenda Impact in Qualitative Analysis
--------------------------------------------------------------------------------------------------------------------------------------------------------
Major negative Minor negative Neutral Minor positive Major positive Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
None............................................................... 5 53 44 8 110
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.\6\ 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.
---------------------------------------------------------------------------
\6\ 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 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) \7\ available
at http://www.energycodes.gov/regulations/determinations.
---------------------------------------------------------------------------
\7\ Halverson et al., ANSI/ASHRAE/IES Standard 90.1-2013
Determination of Energy Savings: Quantitative Analysis (PNNL,
Richland, WA (US), July 2014), available at http://www.pnnl.gov/main/publications/external/technical_reports/pnnl-23479.pdf.
Table IV.3--Estimated Energy Use Intensity by Building Type (Standard 90.1-2010)
----------------------------------------------------------------------------------------------------------------
Whole building EUI
-----------------------------------------------
Building type Prototype Floor area Source EUI
(percent) Site EUI (kBtu/ (kBtu/ft\2\- ECI ($/ft\2\-
ft\2\-yr) yr) yr)
----------------------------------------------------------------------------------------------------------------
Office........................ Small Office.... 5.61 33.0 100.4 $0.99
Medium Office... 6.05 36.8 105.9 1.03
Large Office.... 3.33 71.9 210.7 2.06
Retail........................ Stand-Alone 15.25 53.4 142.9 1.38
Retail.
Strip Mall...... 5.67 60.4 164.1 1.58
Education..................... Primary School.. 4.99 59.0 151.1 1.44
Secondary School 10.36 47.7 130.3 1.26
Healthcare.................... Outpatient 4.37 120.0 324.3 3.13
Health Care.
Hospital........ 3.45 131.0 321.1 3.04
Lodging....................... Small Hotel..... 1.72 63.6 148.8 1.40
Large Hotel..... 4.95 96.7 217.7 2.03
Warehouse..................... Non-Refrigerated 16.72 18.2 43.2 0.41
Warehouse.
Food Service.................. Fast-Food 0.59 591.5 1051.7 9.27
Restaurant.
Sit-Down 0.66 383.9 742.7 6.69
Restaurant.
Apartment..................... Mid-Rise 7.32 46.3 131.4 1.28
Apartment.
High-Rise 8.97 50.4 124.9 1.19
Apartment.
---------------------------------------------------------------
National.................. ................ 100 58.5 148.9 1.42
----------------------------------------------------------------------------------------------------------------
Table IV.4--Estimated Energy Use Intensity by Building Type (Standard 90.1-2013)
----------------------------------------------------------------------------------------------------------------
Whole building EUI
-----------------------------------------------
Building type Prototype Floor area Site EUI Source EUI
(percent) (kBtu/ft\2\- (kBtu/ft\2\- ECI ($/ft\2\-
yr) yr) yr)
----------------------------------------------------------------------------------------------------------------
Office........................ Small Office.... 5.61 29.4 89.3 $0.88
[[Page 57912]]
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.
Strip Mall...... 5.67 55.1 147.3 1.42
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.
Hospital........ 3.45 123.7 300.7 2.85
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.
Sit-Down 0.66 372.5 713.5 6.41
Restaurant.
Apartment..................... Mid-Rise 7.32 43.9 124.8 1.21
Apartment.
High-Rise 8.97 46.9 114.4 1.08
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.
Strip Mall...... 5.67 8.8 10.2 10.5
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.
Hospital........ 3.45 5.6 6.4 6.5
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.
Sit-Down 0.66 3.0 3.9 4.2
Restaurant.
Apartment..................... Mid-Rise 7.32 5.4 5.1 5.0
Apartment.
High-Rise 8.97 6.9 8.4 8.7
Apartment.
---------------------------------------------------------------
National.................. ................ 100 7.6 8.5 8.7
----------------------------------------------------------------------------------------------------------------
V. 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 conclusion that Standard 90.1-2013
will improve energy efficiency in commercial buildings, and, therefore,
receives an affirmative determination under Section 304(b) of ECPA.
VI. State Certification
Upon publication of this affirmative determination, each State is
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
is required not later than 2 years from the date the final Notice of
Determination is published in the Federal Register, unless an extension
is provided.
State Review & 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
[[Page 57913]]
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 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.\8\ 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 has issued previous
guidance on how it intends to respond to technical assistance requests
related to implementation resources, such as building energy code
compliance software. (79 FR 15112) DOE also 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 various means, such as the State Energy
Program. DOE does not prescribe how each State adopts and enforces its
energy codes.
---------------------------------------------------------------------------
\8\ 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 & 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.\9\
---------------------------------------------------------------------------
\9\ Available at http://energy.gov/gc/office-general-counsel.
---------------------------------------------------------------------------
DOE has reviewed today's determination under the provisions of the
Regulatory Flexibility Act and the procedures and policies published in
February 2003. As part of this determination of improved energy
efficiency, section 304 of ECPA requires States to undertake an
assessment of their respective building codes. As such, the only
entities directly regulated by this 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 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 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
[[Page 57914]]
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 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
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
determination.
On issuance of a 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
[[Page 57915]]
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 Quantitative Analysis
technical support document (TSD) \10\ available at http://www.energycodes.gov/regulations/determinations.
---------------------------------------------------------------------------
\10\ Halverson et al., ANSI/ASHRAE/IES Standard 90.1-2013
Determination of Energy Savings: Quantitative Analysis (PNNL,
Richland, WA (US), June 2014), available at http://www.pnnl.gov/main/publications/external/technical_reports/pnnl-23479.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.
Issued in Washington, DC, on September 18, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
[FR Doc. 2014-22882 Filed 9-25-14; 8:45 am]
BILLING CODE 6450-01-P