[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Rules and Regulations]
[Pages 68749-68758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28078]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 /
Rules and Regulations
[[Page 68749]]
DEPARTMENT OF ENERGY
10 CFR Part 433
[Docket No. EERE-2014-BT-STD-0047]
RIN 1904-AD39
Energy Efficiency Standards for New Federal Commercial and Multi-
Family High-Rise Residential Buildings' Baseline Standards Update
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy
ACTION: Final rule.
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SUMMARY: The U.S. Department of Energy (DOE) is publishing this final
rule to implement provisions in the Energy Conservation and Production
Act (ECPA) that require DOE to update the baseline Federal energy
efficiency performance standards for the construction of new Federal
commercial and multi-family high-rise residential buildings. This rule
updates the baseline Federal commercial standard to the American
Society of Heating, Refrigerating, and Air-Conditioning Engineers
(ASHRAE) Standard 90.1-2013.
DATES: This rule is effective January 5, 2016.
The incorporation by reference of certain ANSI/ASHRAE/IES 90.1-2013
in this rule is approved by the Director of the Federal Register as of
January 5, 2016.
All Federal agencies shall design new Federal buildings that are
commercial and multi-family high-rise residential buildings, for which
design for construction began on or after November 6, 2016, using
ASHRAE Standard 90.1-2013 as the baseline standard for 10 CFR part 433.
ADDRESSES: This rulemaking can be identified by docket number EERE-
2014-BT-STD-0047 and/or RIN number 1904-AD39.
Docket: The docket is available for review at http://www.regulations.gov including Federal Register Notices and other
supporting documents/materials. All documents in the docket are listed
in the http://www.regulations.gov index. However, not all documents
listed in the index may be publicly available, such as information that
is exempt from public disclosure.
FOR FURTHER INFORMATION CONTACT: For technical issues: Sarah Jensen,
U.S. Department of Energy, Office of Energy Efficiency and Renewable
Energy, Federal Energy Management Program, Mailstop EE-5F, 1000
Independence Avenue SW., Washington, DC 20585, (202) 287-6033, email:
[email protected]. For legal issues: Kavita Vaidyanathan, U.S.
Department of Energy, Office of the General Counsel, Forrestal
Building, GC-33, 1000 Independence Avenue SW., Washington, DC 20585,
(202) 586-6609, email: [email protected].
SUPPLEMENTARY INFORMATION:
Material Under 1 CFR Part 51
This rulemaking incorporates by reference the following standard
into 10 CFR part 433:
ANSI/ASHRAE/IES Standard 90.1-2013, Energy Standard for
Buildings Except Low-Rise Residential Buildings, I-P Edition, Copyright
2013.
Copies of this standard are available from the American Society of
Heating Refrigerating and Air-Conditioning Engineers, Inc., 1791 Tullie
Circle NE., Atlanta, GA 30329, (404) 636-8400, http://www.ashrae.org.
The standard is discussed in greater detail in sections III and VI.N of
this document.
Also, a copy of this standard is available for inspection at U.S.
Department of Energy (DOE), Office of Energy Efficiency and Renewable
Energy, Building Technologies Program, 6th Floor, 950 L'Enfant Plaza
SW., Washington, DC 20024. For information on the availability of this
standard at DOE, contact Ms. Brenda Edwards at (202) 586-2945 or email
[email protected].
Table of Contents
I. Executive Summary of the Final Rule
II. Introduction
III. Discussion of the Final Rule
IV. Compliance Date
V. Reference Resources
VI. Regulatory Analysis
VII. Congressional Notification
VIII. Approval of the Office of the Secretary
I. Executive Summary of the Final Rule
Section 305 of the Energy Conservation and Production Act (ECPA),
as amended, requires DOE to determine whether the energy efficiency
standards for new Federal buildings should be updated to reflect
revisions to ASHRAE Standard 90.1 based on the cost-effectiveness of
the revisions. (42 U.S.C. 6834(a)(3)(B)) Accordingly, DOE conducted a
cost-effectiveness analysis that found ASHRAE Standard 90.1-2013 to be
cost-effective. DOE's assumptions and methodology for the cost-
effectiveness of this rule are based on DOE's cost-effectiveness
analysis of ASHRAE Standard 90.1-2013, as well as DOE's Environmental
Assessment (EA) for this rulemaking.\1\ Therefore, in this final rule,
DOE updates the energy efficiency standards for new Federal buildings
to ASHRAE Standard 90.1-2013 for buildings for which design for
construction began on or after one year after the rule is published in
the Federal Register. (42 U.S.C. 6834 (a)(3)(A)). Federal buildings are
defined as follows: ``any building to be constructed by, or for the use
of, any Federal agency. Such term shall include buildings built for the
purpose of being leased by a Federal agency, and privatized military
housing.'' (42 U.S.C. 6832 (6)). This term does not include renovations
or modifications to existing buildings.
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\1\ The Environmental Assessment (EA) (DOE/EA-2001) is entitled,
``Environmental Assessment for Final Rule, 10 CFR part 433, `Energy
Efficiency Standards for New Federal Commercial and Multi-Family
High-Rise Residential Buildings,' Baseline Standards Update''. The
EA and Finding Of No Significant Impact (FONSI) may be found in the
docket for this rulemaking and at http://energy.gov/node/984581.
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II. Introduction
ECPA, as amended, requires DOE to establish building energy
efficiency standards for all new Federal buildings. (42 U.S.C.
6834(a)(1)) The standards established under section 305(a)(1) of ECPA
must contain energy efficiency measures that are technologically
feasible, economically justified, and meet the energy efficiency levels
in the applicable voluntary consensus energy codes specified in section
305. (42 U.S.C. 6834(a)(1)-(3))
Under section 305 of ECPA, the referenced voluntary consensus code
for commercial buildings (including multi-
[[Page 68750]]
family high rise residential buildings) is the American Society of
Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE)
Standard 90.1. (42 U.S.C. 6834(a)(2)(A)) For the purposes of discussion
in this preamble, all references to ``Federal buildings'' subject to 10
CFR 433 will include commercial and multi-family high-rise residential
unless otherwise noted. DOE codified this referenced code as the
baseline Federal building standard in its existing energy efficiency
standards found in 10 CFR part 433. Also pursuant to section 305 of
ECPA, DOE must establish, by rule, revised Federal building energy
efficiency performance standards for new Federal buildings that require
such buildings be designed to achieve energy consumption levels that
are at least 30 percent below the levels established in the referenced
code (baseline Federal building standard), if life-cycle cost-
effective. (42 U.S.C. 6834(a)(3)(A)(i)(I))
Under section 305 of ECPA, not later than one year after the date
of approval of each subsequent revision of the ASHRAE Standard or the
International Energy Conservation Code (IECC), DOE must determine
whether to amend the baseline Federal building standards with the
revised voluntary standard based on the cost-effectiveness of the
revised voluntary standard. (42 U.S.C. 6834(a)(3)(B)) It is this
requirement that this rulemaking addresses. ASHRAE has updated Standard
90.1 from the version currently referenced in DOE's regulations at 10
CFR part 433. In this rule, DOE revises the latest baseline Federal
building standard for 10 CFR part 433 from ASHRAE Standard 90.1-2010 to
ASHRAE Standard 90.1-2013.
Section 306(a) of ECPA provides that each Federal agency and the
Architect of the Capitol must adopt procedures to ensure that new
Federal buildings will meet or exceed the Federal building energy
efficiency standards established under section 305. (42 U.S.C. 6835(a))
ECPA Section 306(b) bars the head of a Federal agency from expending
Federal funds for the construction of a new Federal building unless the
building meets or exceeds the applicable baseline Federal building
energy standards established under section 305. (42 U.S.C. 6835(b))
Specifically, all new Federal buildings must be designed to achieve the
baseline standards in ASHRAE Standard 90.1 (and the International
Energy Conservation Code for low-rise residential buildings) and
achieve energy consumption levels at least 30 percent below these
minimum baseline standards, where life-cycle cost-effective. (42 U.S.C.
6834 (a)(3)(A)). This requirement does not extend to renovations or
modifications to existing buildings.
III. Discussion of the Final Rule
DOE is issuing this action as a final rule. As indicated above, DOE
must determine whether the energy efficiency standards for new Federal
buildings should be updated to reflect revisions to ASHRAE Standard
90.1 based on the cost-effectiveness of the revisions. (42 U.S.C.
6834(a)(3)(B)) In this final rule, DOE determines that the energy
efficiency standards for new Federal buildings should be updated to
reflect the 2013 revisions to ASHRAE Standard 90.1 based on the cost-
effectiveness of the revisions.
DOE reviewed ASHRAE Standard 90.1 for DOE's state building codes
program and determined that the 2013 version of ASHRAE Standard 90.1
would achieve greater energy efficiency than the prior version. (See 79
FR 57900 (Sept. 26, 2014)) This determination was subject to notice and
comment. See 79 FR 27778 (May 15, 2014). In that determination, DOE
found that the 2013 version of Standard 90.1 would save 8.5% more
source energy than the 2010 version of Standard 90.1.
In DOE's determination for the state building codes program, and
again in this rule, DOE states that the cost-effectiveness of revisions
to the voluntary codes is considered through DOE's statutorily directed
involvement in the codes process. See 79 FR 57900. Section 307 of ECPA
requires DOE to participate in the ASHRAE code development process and
to assist in determining the cost-effectiveness of the voluntary
standards. (42 U.S.C. 6836) DOE is required 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))
In addition to DOE's consideration of the cost-effectiveness of
ASHRAE 90.1-2013 through its participation in the codes development
process, DOE conducted an independent analysis of the cost-
effectiveness of ASHRAE Standard 90.1-2013. The results of the analysis
are discussed below in section A. Review Under Executive Order 12866,
``Regulatory Planning and Review''.\2\ DOE's assumptions and
methodology for the cost-effectiveness of this rule are based on DOE's
cost-effectiveness analysis of ASHRAE Standard 90.1-2013, as well as
DOE's Environmental Assessment (EA) for this rulemaking.\3\
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\2\ National Cost-Effectiveness of ANSI/ASHRAE/IES Standard
90.1-2013, Hart, R. et. al. PNNL-23834, Pacific Northwest National
Laboratory, January 2015. http://www.energycodes.gov/sites/default/files/documents/Cost-effectiveness_of_ASHRAE_Standard_90-1-2013-Report.pdf.
\3\ The Environmental Assessment (EA) (DOE/EA-2001) is entitled,
``Environmental Assessment for Final Rule, 10 CFR part 433, `Energy
Efficiency Standards for New Federal Commercial and Multi-Family
High-Rise Residential Buildings,' Baseline Standards Update''. The
EA and FONSI may be found in the docket for this rulemaking and at
http://energy.gov/node/984581.
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In this rule, DOE updates the energy efficiency standards
applicable to new Federal buildings based on the determinations made by
DOE as to the energy efficiency improvements of ASHRAE Standard 90.1-
2013, as compared to the predecessor version, and based on the
considerations of cost-effectiveness incorporated into the codes
processes, DOE's involvement in those processes, and DOE's own cost-
effectiveness analysis.\4\ This final rule amends 10 CFR part 433 to
update the referenced baseline Federal energy efficiency performance
standards. No other changes are proposed to 10 CFR part 433 by this
rule.
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\4\ Determination Regarding Energy Efficiency Improvements in
ANSI/ASHRAE/IES Standard 90.1-2013: Energy Standard for Buildings,
Except Low-Rise Residential Buildings; Notice of Determination
September 26, 2014. http://www.regulations.gov/#!documentDetail;D=EERE-2014-BT-DET-0009-0006.
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DOE also notes that there are a number of statutory provisions,
regulations, Executive Orders, and memoranda of understanding that
govern energy consumption in new Federal buildings. These include, but
are not limited to, the Executive Order 13693 (80 FR 15871 (March 25,
2015)); sections 323, 433, 434, and 523 of EISA 2007; section 109 of
the Energy Policy Act of 2005 (Pub. L. 109-58); and 10 CFR parts 433
and 435. This rule supports and does not supplant these other
applicable legal requirements for new Federal buildings. For example,
by designing buildings to meet the ASHRAE 90.1-2013 baseline, Federal
agencies also help achieve the energy intensity reductions mandated
under section 431 of EISA 2007.
Of particular significance is the Administration's Climate Action
Plan, (CAP), issued June 2013, in which the President affirmed that the
Federal government must position itself as a leader in clean energy and
energy efficiency, and pledged that Federal agencies must surpass
previous greenhouse gas reduction achievements, through a combination
of consuming 20 percent of Federal electricity from renewable sources
by 2020, and by pursuing greater energy efficiency in
[[Page 68751]]
Federal buildings.\5\ Additionally, the President directed that
efficiency standards for appliances and federal buildings set in the
first and second terms combined would reduce carbon pollution by at
least 3 billion metric tons cumulatively by 2030--equivalent to nearly
one-half of the carbon pollution from the entire U.S. energy sector for
one year. Today's rule, which DOE estimates will avoid cumulative
emissions of 6,234,000 metric tons of carbon dioxide through 2030,
directly supports the Administration's undertaking to make energy
efficiency in Federal buildings an essential stratagem in the
government's enduring achievement of the greenhouse gas reduction goals
set out in the CAP.
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\5\ The President's Climate Action Plan, Office of the Executive
Office of the President, https://www.whitehouse.gov/sites/default/files/image/president27sclimateactionplan.pdf, June 2013.
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DOE further notes, on the subject of process loads, that the scope
of building loads covered by ASHRAE Standard 90.1 broadened in ASHRAE
Standard 90.1-2010 and again in ASHRAE Standard 90.1-2013 to cover
``new equipment or building systems specifically identified in the
standard as part of an industrial or manufacturing process.'' \6\ For
example, Standard 90.1-2013 now includes escalator and moving walkway
control requirements. Such requirements were not included in efficiency
calculations under prior versions of ASHRAE Standard 90.1. Process
loads are defined in 10 CFR 433.2 as ``the load on a building resulting
from energy consumed in support of a manufacturing, industrial, or
commercial process. Process loads do not include energy consumed
maintaining comfort and amenities for the occupants of the building
(including space conditioning for human comfort).'' Receptacle loads,
also known as ``plug loads'' are defined in 10 CFR 433.2 as ``the load
on a building resulting from energy consumed by any equipment plugged
into electrical outlets.'' As in prior versions of the energy
efficiency performance standards for new Federal commercial and multi-
family high-rise residential buildings, DOE is maintaining the
exclusion of process loads (for example, medical or industrial
equipment) from the energy savings metric. Process loads typically
involve specialized equipment for which improvements in energy
efficiency may affect the functionality of the equipment or where
improvements are not available at all. Some Federal buildings use most
of their energy serving process loads, and application of the energy
savings requirement to these buildings would likely place an undue
burden on the rest of the building if the 30 percent savings is to be
achieved.
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\6\ See section 2 in ASHRAE Standard 90.1-2013, ``Energy
Standard for Buildings Except Low-Rise Residential Buildings, (I-P
Edition)'' and section 2 in ``ASHRAE Standard 90.1-2010 ``Energy
Standard for Buildings Except Low-Rise Residential Buildings, (I-P
Edition)'' at: http://www.ashrae.org.
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In addition, DOE is also maintaining its exclusion of receptacle
loads for the purpose of calculating energy savings under the Federal
building standards because they are difficult to anticipate at the
design stage and would change over time. (See 72 FR 72565, 72567-72568
(Dec. 21, 2007))
This rule clarifies that Federal agencies should continue to
consider the building envelope and energy consuming systems normally
specified as part of the building design covered by ASHRAE Standard
90.1 when determining if a design meets ASHRAE Standard 90.1 and
whether achieving energy consumption levels at least 30% below the
relevant ASHRAE baseline building is life-cycle cost-effective.
Receptacle and process loads not explicitly covered in Standard 90.1,
such as specialized medical or research equipment and equipment used in
manufacturing processes, may be excluded from the calculations as noted
in the rule.
IV. Compliance Date
This final rule applies to new Federal commercial and multi-family
high-rise residential buildings for which design for construction
begins on or after one year from the publication date of this
rulemaking in the Federal Register. (42 U.S.C. 6834(a)(1)) Such
buildings must be designed to exceed the energy efficiency level of the
appropriate updated voluntary standard by 30 percent if life-cycle
cost-effective. However, at a minimum, such buildings must achieve the
energy efficiency equal to that of the appropriate updated voluntary
standard. One year lead time before the design for construction begins
is consistent with DOE's previous updates to the energy efficiency
baselines and the original statutory mandate for Federal building
standards. One year lead time before design for construction begins
helps minimize compliance costs to agencies, which may have planned
buildings in various stages of design, and allows for design changes to
more fully consider life-cycle cost-effective measures (as opposed to
having to revise designs in development, which may make incorporation
of energy efficiency measure more difficult or expensive).
V. Reference Resources
The Department originally prepared this list of resources to help
Federal agencies achieve building energy efficiency levels of at least
30 percent below ASHRAE Standard 90.1-2004. The Department has reviewed
these resources and believes that they continue to be useful for
helping agencies maximize their energy efficiency levels. The
Department has updated this resource list as necessary. These resources
come in many forms and in a variety of media. Resources are provided
for all buildings, and also specifically for commercial and multi-
family high-rise residential buildings.
Resources for Commercial and Multi-Family High-Rise Residential
Buildings
1. Energy Efficient Products--U.S. DOE Federal Energy Management
Program and U.S. Environmental Protection Agency (EPA) ENERGY STAR
Program
http://energy.gov/eere/femp/energy-and-water-efficient-products
Federal agencies are required by the Energy Policy Act of 2005
to specify Federal Energy Management Program (FEMP) designated or
ENERGY STAR equipment, including building mechanical and lighting
equipment and builder-supplied appliances, for purchase and
installation in all new construction. This equipment is generally
more efficient than the corresponding requirements of ASHRAE
Standard 90.1-2013, and may be used to achieve part of the savings
required of Federal building designs. (This rule does not
specifically address the use of this equipment, but this Web site is
listed for convenience because it is a very useful resource for
achieving part of the energy savings required by the rule.)
2. Life-Cycle Cost Analysis--U.S. DOE Federal Energy Management
Program
The life-cycle cost analysis rules promulgated in 10 CFR part
436 Subpart A Life-Cycle Cost Methodology and Procedures conform to
requirements in the Federal Energy Management Improvement Act of
1988 (Pub. L. 100-615) and subsequent energy conservation
legislation, as well as Executive Order 13693, Planning for Federal
Sustainability in the Next Decade. The life-cycle cost guidance and
required discount rates and energy price projections are determined
annually by FEMP and the Energy Information Administration, and are
published in the Annual Supplement to The National Institute of
Standards and Technology Handbook 135: ``Energy Price Indices and
Discount Factors for Life-Cycle Cost Analysis'' http://www1.eere.energy.gov/femp/pdfs/ashb10.pdf.
3. ENERGY STAR Target Finder--U.S. Environmental Protection Agency
and U.S. Department of Energy
http://www.energystar.gov/index.cfm?c=new_bldg_design.bus_target_finder
ENERGY STAR is a Government-backed program helping businesses
and individuals
[[Page 68752]]
protect the environment through superior energy efficiency. The
benchmarking tool and other information at the ENERGY STAR Target
Finder Web site can be useful in determining an annual energy target
for building design and computer simulations, evaluating cost-
effectiveness of efficiency measures, and tracking a building's
actual energy performance after construction.\7\
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\7\ The use of EPA's Target Finder tool during the design
process of applicable new Federal buildings helps ensure that
buildings are on a pathway to meet the existing building Federal
Sustainable Building Guiding Principle (Energy Efficiency: Option
1), which is to receive an ENERGY STAR score of 75 or higher in
EPA's Portfolio Manager.
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4. Building Energy Software Tools--U.S. DOE Building Technologies
Program
http://apps1.eere.energy.gov/buildings/tools_directory/
This directory provides information on building software tools
for evaluation energy efficiency, renewable energy, and
sustainability in buildings.
5. ASHRAE Standard 90.1-2013--ASHRAE
http://www.techstreet.com/ashrae/products/1865966
The baseline energy efficiency standard for commercial and
multi-family high-rise buildings is ANSI/ASHRAE/IESNA Standard 90.1-
2013. This link also contains a link to a read-only version of
Standard 90.1-2013 under the Preview button.
6. Whole Building Design Guide--National Institute of Building
Sciences
http://www.wbdg.org/
A portal providing one-stop access to up-to-date information on
a wide range of building-related guidance, criteria and technology
from a ``whole buildings'' perspective.
7. Labs for the 21st Century--U.S. EPA and U.S. DOE
http://energy.gov/eere/femp/laboratories-21st-century
A Web site focused on improving the energy efficiency and
environmental performance of laboratory space. This site includes
training and educational resources and design tools focused on
laboratories.
VI. Regulatory Analysis
A. Review Under Executive Order 12866, ``Regulatory Planning and
Review''
This final rule is a ``significant regulatory action'' under
Executive Order 12866, ``Regulatory Planning and Review.'' 58 FR 51735
(October 4, 1993). Accordingly, this action was subject to review by
the Office of Information and Regulatory Affairs in the Office of
Management and Budget (OMB). OMB has completed its review. As discussed
previously in this rule, DOE is required to determine, based on the
cost-effectiveness, whether the standards for Federal buildings should
be updated to reflect an amendment to the ASHRAE standard. As stated
above, DOE complied with the statutory language by analyzing the cost-
effectiveness of ASHRAE Standard 90.1-2013, and through DOE's
involvement in the ASHRAE code development process, including the
consideration of ASHRAE's cost-effectiveness criteria for Standard
90.1-2013.\8\
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\8\ See infra at 1.
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DOE has also reviewed this regulation pursuant to Executive Order
13563, issued on January 18, 2011. 76 FR 3281 (January 21, 2011). EO
13563 is supplemental to and explicitly reaffirms the principles,
structures, and definitions governing regulatory review established in
Executive Order 12866.
Review under Executive Order 12866 requires an analysis of the
economic effect of the rule. For this purpose, DOE estimated
incremental first cost (in this case, the difference between the cost
of a building designed to meet ASHRAE Standard 90.1-2013 and a building
designed to meet ASHRAE Standard 90.1-2010) for the Federal commercial
and high-rise multi-family residential buildings sector, as well as
life-cycle cost net savings. DOE determined that the total incremental
first cost estimate is a savings of $1.2 million per year, with an
average first cost decrease of $0.03 per square foot. DOE estimated
$87.2 million in annual life-cycle cost (LCC) net savings for the
entire Federal commercial and multi-family high-rise buildings sector
with an average life-cycle cost net savings of $2.21 per square foot.
DOE's assumptions and methodology for the cost-effectiveness of
this rule are based on DOE's cost-effectiveness analysis of ASHRAE
Standard 90.1-2013, as well as DOE's Environmental Assessment (EA) for
this rulemaking.\9\ The EA identified a rate of new Federal commercial
construction of 39.4 million square feet per year with a distribution
of building types as shown in Table 1. As described in the EA, the
distribution of building types is based on the 2007, 2008, 2009, 2010,
and 2011 GSA Federal real property reports. Table 1 also shows the
prototype buildings incorporated into computer simulations that are
used to estimate energy use in each building type. DOE derived these
prototype buildings from 16 building types in 17 climate zones \10\
using its Commercial Prototype Building models.\11\ Of the 16 prototype
buildings, DOE developed costs for six prototype buildings to determine
the cost effectiveness of ASHRAE Standard 90.1-2013. DOE then extracted
the cost-effectiveness information for those prototype buildings and
weighted those values as appropriate to obtain an average cost
effectiveness value for building types found in the Federal commercial
sector, as discussed in the EA.
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\9\ The Environmental Assessment (EA) (DOE/EA-2001) is entitled,
``Environmental Assessment for Final Rule, 10 CFR part 433, `Energy
Efficiency Standards for New Federal Commercial and Multi-Family
High-Rise Residential Buildings,' Baseline Standards Update''. The
EA and FONSI may be found in the docket for this rulemaking and at
http://energy.gov/node/984581.
\10\ Briggs, R.S., R.G. Lucas, and Z.T. Taylor. 2003. ``Climate
classification for building energy codes and standards: Part 1--
Development Process.'' ASHRAE Transactions 109(1): 109:121. American
Society of Heating, Refrigerating and Air-Conditioning Engineers.
Atlanta, Georgia. The 90.1-2013 climate zone map may be viewed as
Figure B.1 of the online version of Standard 90.1-2013 at https://ashrae.iwrapper.com/ViewOnline/Standard_90.1-2013_I-P.
\11\ DOE's prototype buildings are described at http://www.energycodes.gov/development/commercial/90.1_models.
Table 1--New Federal Commercial and High-Rise Multi-Family Construction
Volume by Building Type
------------------------------------------------------------------------
Fraction of
federal
Building type construction Assumed prototypes
volume (by
floor area)
------------------------------------------------------------------------
Office......................... 0.63 Small Office,* Medium
Office, Large Office.*
Education...................... 0.083 Primary School,*
Secondary School.
Dorm/Barracks.................. 0.09 Small Hotel,* Large
Hotel, Mid-Rise
Apartment,* High-Rise
Apartment.
Warehouse...................... 0.15 Non-Refrigerated
Warehouse.
Hospital....................... 0.04 Outpatient Healthcare,
Hospital.
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* Indicates prototypes for which costs are available (See Table 2)
[[Page 68753]]
Notes:
1. Note that first cost data is not available for the prototypes assumed
for warehouses and hospitals. As described below, DOE considered costs
for the warehouse and hospital to be equivalent to the weighted cost
for the offices, education, and dorm/barracks, which represents 81% of
the Federal building stock.
2. DOE has preliminarily determined incremental cost and the life-cycle
cost net savings information for the building types and climate zones
analyzed. This information is shown in Tables 2 and 3.
Table 2--Incremental Construction First Cost (2013$) for ASHRAE 90.1-2013 vs. ASHRAE 90.1-2010
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ASHRAE Climate zone
Prototype Value -------------------------------------------------------------------------------
2A 3A 3B 4A 5A
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Small Office.............................. First Cost.................. ($2,601) ($906) ($1,358) $12,472 $9,072
$/ft2....................... ($0.47) ($0.16) ($0.25) $2.27 $1.65
Large Office.............................. First Cost.................. $352,647 ($1,065,759) ($1,476,190) $98,124 ($1,014,770)
$/ft2....................... $0.71 ($2.14) ($2.96) $0.20 ($2.04)
Primary School............................ First Cost.................. $88,857 $119,646 $9,620 $167,916 $179,872
$/ft2....................... $1.20 $1.62 $0.13 $2.27 $2.43
Small Hotel............................... First Cost.................. $20,483 $18,527 $18,675 $32,441 $39,120
$/ft2....................... $0.47 $0.43 $0.43 $0.75 $0.91
Mid-rise Apartment........................ First Cost.................. $5,711 $23,214 $23,358 $12,891 $19,577
$/ft2....................... $0.17 $0.69 $0.69 $0.38 $0.58
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1. Notes: Negative costs (shown in parentheses) indicate a reduction in cost due to changes in the code, usually due to reduced HVAC capacity.\12\
DOE used data from Table 1 and Table 2 to calculate preliminary
values for overall incremental first cost of construction for Federal
commercial and high-rise, multi-family residential buildings. DOE
calculated the incremental first cost of the Federal building types
based on the DOE prototypes shown in bold font in Table 1. DOE then
calculated the weighted average incremental cost for Federal building
types based on the office, education, and dorm/barracks building types
which represent an estimated 81% of new Federal construction. This
weighted incremental cost was assigned to the warehouse and hospital
building types and a total weighted incremental cost was calculated by
multiplying the incremental cost for each Federal building type by the
fraction of Federal construction shown in Table 1. For warehouses and
hospitals DOE considered costs to be equivalent to the weighted cost
for offices, education, and dorm/barracks.\13\
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\12\ In this particular transition from 90.1-2010 to 90.1-2013,
the cost reduction was mainly because of smaller and less expensive
HVAC equipment since the building load had decreased. This cost
reduction is part of the first cost calculation. Note that in
addition to reduced equipment costs, there is reduced ductwork or
piping costs as well.
\13\ There are no data for those years for warehouses or
hospitals. It could be expected that costs to a warehouse would be
less since it is a simpler building. We assumed both the warehouse
and the hospital were the ``average'' of the data we did have. And
so, the warehouse value is likely higher than it might have been and
the hospital value is likely lower than it might have been had there
been data available.
---------------------------------------------------------------------------
The national total incremental first cost for building types was
developed by multiplying the average (across climate zones) incremental
first cost of the prototypes (determined from the DOE ASHRAE Standard
90.1 cost-effectiveness analysis) by the fraction of the Federal sector
construction volume shown in Table 1.\14\ The resulting building type
incremental first costs were then summed together to determine an
overall incremental first cost for the entire Federal commercial and
high-rise multi-family residential buildings sector. DOE estimates that
total first cost outlays for new Federal buildings will be less under
ASHRAE Standard 90.1 2013 than ASHRAE 90.1 2010, primarily due to
cheaper equipment costs for some building types (See Table 2 and
footnote 13 above). The resulting total incremental first cost estimate
is a savings of $1.2 million per year. The average first cost decrease
is $0.03 per square foot.
---------------------------------------------------------------------------
\14\ For the Federal office building, the small and large office
prototype first costs were averaged. For the Federal education
building, the primary school prototype first cost was used. For the
Federal dorm/barracks building type, the small hotel and mid-rise
apartment prototype first costs were averaged.
---------------------------------------------------------------------------
DOE also examined the relative impact of today's rule on the first
cost of new constructed Federal buildings. Estimated construction costs
for new Federal commercial and high-rise multifamily buildings were
obtained from RS Means (2014) \15\ for the 5 buildings types analyzed
in DOE's cost-effectiveness methodology plus two additional building
types that are reasonably common in the Federal sector--hospitals and
warehouses. Weights for the Federal building types and relationships
between Federal building types and the DOE prototypes used in the cost-
effectiveness analysis are shown in Table 1. The results of this
analysis are shown in Table 3. For the assumptions used in this
rulemaking, the average cost of a new Federal building would be $135
per square foot. This cost may be multiplied by the 39.4 million square
feet of new Federal construction per year used in this rulemaking to
estimate the total cost of new Federal commercial and high-rise multi-
family construction at $5.325 billion. Savings associated with this
rulemaking are estimated at $1.2 million per year, indicating a
potential cost reduction in new Federal construction costs of 0.023%.
---------------------------------------------------------------------------
\15\ RS Means. 2014. RS Means Building Construction Cost Data,
72nd Ed. Construction Publishers & Consultants. Norwell, MA.
Table 3--First Cost of Typical New Federal Building in $/ft\2\
----------------------------------------------------------------------------------------------------------------
Building first Corresponds to Federal Federal Weighted cost
BECP Prototype cost $/ft\2\ building type weighting (%) ($)
----------------------------------------------------------------------------------------------------------------
Small Office.......................... 132 Small Office............ 32 42
Large Office.......................... 166 Large Office............ 32 52
[[Page 68754]]
Primary School........................ 138 Education............... 8 11
Small Hotel........................... 111 Barracks/Dormitory...... 5 5
Mid-Rise Apartment.................... 117 Barracks/Dormitory...... 5 5
Hospital.............................. 253 Hospital................ 4 10
Warehouse............................. 63 Warehouse............... 15 9
-------------------------------------------------------------------------
Total............................. .............. ........................ 99 135
----------------------------------------------------------------------------------------------------------------
Turning to LCC net savings, DOE estimated the LCC net savings to be
$87.2 million for 39.4 million square feet of annual construction, with
the average life-cycle cost net savings in year one estimated at $2.21
per square foot. Table 4 shows annual LCC net savings by prototype
buildings. For LCC net savings, DOE used a similar approach to that
used for incremental first cost. That is, DOE developed the national
total annual LCC net savings \16\ for building types by multiplying the
average (across climate zones) LCC net savings (determined from the DOE
ASHRAE 90.1 cost-effectiveness analysis) by the fraction of the federal
sector construction volume shown in Table 1.\17\ The results of the
building type LCC net savings were then summed together to determine
the overall annual LCC net savings for the entire Federal commercial
and high-rise multi-family buildings sector. The resulting total LCC
net savings for 39.4 million square feet of annual construction was
estimated to be $87.2 million. The average life-cycle cost net savings
in year one was estimated to be $2.21 per square foot. Note the annual
LCC savings are for one year of Federal commercial and high-rise multi-
family residential construction and that those savings would accumulate
over the LCC evaluation period. For the purpose of this analysis, DOE
relied on a 30-year period.\18\
---------------------------------------------------------------------------
\16\ The energy costs used were the national average energy
costs used by ASHRAE in the development of Standard 90.1-2013. To
quote the cost-effectiveness analysis report ``Energy rates used to
calculate the energy costs from the modeled energy usage were
$0.990/therm for fossil fuel and $0.1032/kWh for electricity. These
rates were used for the 90.1-2013 energy analysis, and derived from
the US DOE Energy Information Administration data. These were the
values approved by 90.1-2013''.
\17\ For the Federal office building, the small and large office
prototype life cycle costs were averaged. For the Federal education
building, the primary school prototype life cycle cost was used. For
the Federal dorm/barracks building type, the small hotel and mid-
rise apartment prototype life cycle costs were averaged.
\18\ Rushing, A, J Kneifel, and B Lippiatt. 2013. Energy Price
Indices and Discount Factors for Life-Cycle Cost Analysis-2013:
Annual Supplement to NIST Handbook 135 and NBS Special Publication
709.
Table 4--Annual Life-Cycle Cost (LCC) Net Savings (2013$) for ASHRAE 90.1-2013 vs. ASHRAE 90.1-2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
Prototype ASHRAE Climate zone
--------------------------------------------------------------------------------------------------------------------------------------------------------
Value 2A 3A 3B 4A 5A
--------------------------------------------------------------------------------------------------------------------------------------------------------
Small Office...................... Total................ $21,600.00 $15,200.00 $10,800.00 $2,900.00 $5,000.00
$/ft\2\.............. 3.93 2.76 1.96 0.51 0.91
Large Office...................... Total................ 740,000.00 1,650,000.00 2,540,000.00 310,000.00 1,340,000.00
$/ft\2\.............. 1.48 3.31 5.09 0.60 2.69
Primary School.................... Total................ 246,000.00 116,000.00 398,000.00 70,000.00 109,000.00
$/ft\2\.............. 3.33 1.57 5.38 0.95 1.47
Small Hotel....................... Total................ 96,410.00 76,000.00 78,000.00 62,600.00 68,000.00
$/ft\2\.............. 2.23 1.76 1.81 1.45 1.57
Mid-rise Apartment................ Total................ 59,600.00 22,600.00 23,800.00 29,200.00 28,500.00
$/ft\2\.............. 1.77 0.67 0.71 0.87 0.84
--------------------------------------------------------------------------------------------------------------------------------------------------------
B. Administrative Procedure Act
DOE notes that the determination regarding ASHRAE Standard 90.1-
2013 in the context of State building codes was subject to notice and
comment in evaluating the voluntary consensus codes. See 76 FR 43298
(July 20, 2011) for the preliminary determination and 76 FR 64904
(October 19, 2011) for the final determination. The determinations made
in the context of the State codes are equally applicable in the context
of Federal buildings. DOE finds that providing notice and comment on
the determinations again in the context of Federal buildings would be
unnecessary. The fact that the voluntary consensus codes apply to
Federal buildings as opposed to the general building stock does not
require a different evaluation of energy efficiency and cost-
effectiveness. Additionally, DOE notes that this rule, which updates
energy efficiency performance standards for the design and construction
of new Federal buildings, is a rule relating to public property, and
therefore is not subject to the rulemaking requirements of the
Administrative Procedure Act, including the requirement to publish a
notice of proposed rulemaking. (See 5 U.S.C. 553(a)(2))
C. 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 (August 16, 2002), DOE published
procedures and policies on February 19,
[[Page 68755]]
2003, to ensure that the potential impacts of its rules on small
entities are properly considered during the rulemaking process, 68 FR
7990. The Department has made its procedures and policies available on
the Office of General Counsel's Web site: http://energy.gov/gc/office-general-counsel.
DOE has determined that a notice of proposed rulemaking is not
required by 5 U.S.C. 553 or any other law for issuance of this rule. As
such, the analytical requirements of the Regulatory Flexibility Act do
not apply.
D. Review Under the Paperwork Reduction Act of 1995
This rulemaking will impose no new information or record keeping
requirements. Accordingly, Office of Management and Budget (OMB)
clearance is not required under the Paperwork Reduction Act. (44 U.S.C.
3501 et seq).
E. Review Under the National Environmental Policy Act of 1969
The Department prepared an Environmental Assessment (EA) (DOE/EA-
2001) entitled, ``Environmental Assessment for Final Rule, 10 CFR part
433, `Energy Efficiency Standards for New Federal Commercial and Multi-
Family High-Rise Residential Buildings,' Baseline Standards Update,''
\19\ pursuant to the Council on Environmental Quality's (CEQ)
Regulations for Implementing the Procedural Provisions of the National
Environmental Policy Act (40 CFR parts 1500-1508), the National
Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et
seq.), and DOE's NEPA Implementing Procedures (10 CFR part 1021).
---------------------------------------------------------------------------
\19\ The EA and FONSI may be found in the docket for this
rulemaking and at http://energy.gov/node/984581.
---------------------------------------------------------------------------
The EA addresses the possible incremental environmental effects
attributable to the application of the final rule. The only anticipated
impact would be a decrease in outdoor air pollutants resulting from
decreased fossil fuel burning for energy use in Federal buildings.
Therefore, DOE has issued a Finding of No Significant Impact (FONSI),
pursuant to NEPA, the regulations of the Council on Environmental
Quality (40 CFR parts 1500-1508), and DOE's regulations for compliance
with NEPA (10 CFR part 1021).
To identify the potential environmental impacts that may result
from implementing the final rule on new Federal commercial buildings,
DOE compared the requirements of the final rule updating energy
efficiency performance standard for Federal new commercial and multi-
family high rise residential buildings to ASHRAE Standard 90.1-2013
with the ``no-action alternative'' of using the current Federal
standards (ASHRAE Standard 90.1-2010). This comparison is identical to
that undertaken by DOE in its determinations of energy savings of those
standards and codes.
Accordingly, DOE concludes in the EA that new Federal buildings
designed and constructed to Standard 90.1-2013 will use less energy
than new Federal buildings designed and constructed to Standard 90.1-
2010 because Standard 90.1-2013 is more efficient than Standard 90.1-
2010. This decrease in energy usage translates to reduced emissions of
carbon dioxide (CO2), nitrogen oxides (NOX), and
mercury (Hg) over the thirty-year period examined in the EA. Cumulative
emission reductions for 30 years of construction (2015 through 2044)
and 30 years of energy reduction for each building built during that
period can be estimated at up to 24,156,900 metric tons of
CO2, up to 24,564 metric tons of NOX, and up to
0.3357 metric tons of Hg. DOE conducted a separate calculation to
determine emissions reductions relative to the targets identified in
the CAP. This calculation showed that the cumulative reduction in
CO2 emissions through 2030 amounts to 6,234,000 metric tons
of CO2.\20\
---------------------------------------------------------------------------
\20\ See discussion of CAP calculations in footnote 12 on page
23 of the EA for this rule. The EA and FONSI may be found in the
docket for this rulemaking and at http://energy.gov/node/984581.
---------------------------------------------------------------------------
F. Review Under Executive Order 13132, ``Federalism''
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4,
1999), imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have federalism implications. The Executive Order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to carefully assess the necessity for such actions. The Executive Order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.
On March 14, 2000, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in the
development of such regulations, 65 FR 13735. DOE examined this rule
and determined that it does not preempt State law and does not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of Government. No further
action is required by Executive Order 13132.
G. Review Under Executive Order 12988, ``Civil Justice Reform''
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on
Federal agencies the general duty to adhere to the following
requirements: (1) Eliminate drafting errors and ambiguity; (2) write
regulations to minimize litigation; and (3) provide a clear legal
standard for affected conduct, rather than a general standard and
promote simplification and burden reduction. Section 3(b) of Executive
Order 12988 specifically requires that Executive agencies make every
reasonable effort to ensure that the regulation: (1) Clearly specifies
the preemptive effect, if any; (2) clearly specifies any effect on
existing Federal law or regulation; (3) provides a clear legal standard
for affected conduct, while promoting simplification and burden
reduction; (4) specifies the retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses other important issues affecting
clarity and general draftsmanship under any guidelines issued by the
Attorney General. Section 3(c) of Executive Order 12988 requires
Executive agencies to review regulations in light of applicable
standards in section 3(a) and section 3(b) to determine whether they
are met or it is unreasonable to meet one or more of them. DOE has
completed the required review and determined that, to the extent
permitted by law, this rule meets the relevant standards of Executive
Order 12988.
H. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub.
L. 104-4) requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and tribal governments and the
private sector. For a proposed regulatory action likely to result in a
rule that may cause the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector of $100 million
or more in any one year (adjusted annually for inflation), section 202
of UMRA requires a Federal agency to publish a written
[[Page 68756]]
statement that estimates the resulting costs, benefits, and other
effects on the national economy. (2 U.S.C. 1532(a) and (b)) The UMRA
also requires a Federal agency to develop an effective process to
permit timely input by elected officers of State, local, and tribal
governments on a proposed ``significant intergovernmental mandate'' and
requires an agency plan for giving notice and opportunity for timely
input to potentially affected small governments before establishing any
requirements that might significantly or uniquely affect small
governments. On March 18, 1997, DOE published a statement of policy on
its process for intergovernmental consultation under UMRA (62 FR 12820)
(also available at http://energy.gov/gc/office-general-counsel). This
final rule contains neither an intergovernmental mandate nor a mandate
that may result in the expenditure of $100 million or more in any year
by State, local, and tribal governments, in the aggregate, or by the
private sector, so these requirements under the Unfunded Mandates
Reform Act do not apply.
I. 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. This final rule 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.
J. Review Under Executive Order 12630, ``Governmental Actions and
Interference With Constitutionally Protected Property Rights''
The Department has determined, under Executive Order 12630,
``Governmental Actions and Interference with Constitutionally Protected
Property Rights'' 53 FR 8859 (March 18, 1988) that this rule would not
result in any takings which might require compensation under the Fifth
Amendment to the United States Constitution.
K. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002),
and DOE's guidelines were published at 67 FR 62446 (October 7, 2002).
DOE has reviewed today's final rule under the OMB and DOE guidelines
and has concluded that it is consistent with applicable policies in
those guidelines.
L. Review Under Executive Order 13211, ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use''
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to the
Office of Information and Regulatory Affairs (OIRA), Office of
Management and Budget, 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 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.
DOE's Energy Information Administration (EIA) estimates that new
construction in the commercial sector will range from 1.7 billion
square feet per year in 2015 to 2.4 billion square feet per year in
2040.\21\ This rule is expected to incrementally reduce the energy
usage of approximately 39.4 million square feet of Federal commercial
and high-rise multi-family residential construction annually.\22\ Thus,
the rule represents approximately 2.3% of the expected annual US
construction in 2015, falling to approximately 1.6% in the year 2040.
This final rule would not have a significant adverse effect on the
supply, distribution, or use of energy and, therefore, is not a
significant energy action. Accordingly, DOE has not prepared a
Statement of Energy Effects.
---------------------------------------------------------------------------
\21\ See Table A5 of the 2015 Annual Energy Outlook (beta) at
http://www.eia.gov/beta/aeo/#/?id=5-AEO2015 or Table A5 of the 2014
Annual Energy Outlook at http://www.eia.gov/oiaf/aeo/tablebrowser/#release=AEO2014&subject=0-AEO2014&table=5-AEO2014®ion=0-0&cases=full2013full-d102312a,ref2014-d102413a.
\22\ See Regulatory Analysis Section A. Review Under Executive
Order 12866, ``Regulatory Planning and Review'' above for origin of
the 39.4 million square foot estimate.
---------------------------------------------------------------------------
M. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91), DOE must comply with section 32 of the Federal Energy
Administration Act of 1974 (Pub. L. 93-275), as amended by the Federal
Energy Administration Authorization Act of 1977 (Pub. L. 95-70). (15
U.S.C. 788) Section 32 provides that where a proposed rule authorizes
or requires use of commercial standards, the NOPR must inform the
public of the use and background of such standards. In addition,
section 32(c) requires DOE to consult with the Department of Justice
(DOJ) and the Federal Trade Commission (FTC) concerning the impact of
the commercial or industry standards on competition.
Although section 32 specifically refers to the proposed rule stage,
DOE is meeting these requirements at the final rule stage because there
was no proposed rule for this action. This final rule incorporates
testing methods contained in the following commercial standard: ANSI/
ASHRAE/IES Standard 90.1-2013, Energy Standard for Buildings Except
Low-Rise Residential Buildings, 2013, American Society of Heating
Refrigerating and Air-Conditioning Engineers, Inc., ISSN 1041-2336.
DOE has evaluated these standards and notes that the ASHRAE 90.1
Standard is developed under American National Standards Institute
(ANSI)-approved consensus procedures, 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 ASHRAE 90.1 Standard. ANSI approved the final
addendum for inclusion in the 2013 edition in September 2013. Standard
90.1-2013 was published in October 2013. However, DOE is unable to
conclude whether ASHRAE Standard 90.1 fully complies with the
requirements of section 32(b) of the FEAA (i.e. whether they were
developed in a manner that fully provides for public participation,
comment, and review). DOE has consulted with both the Attorney General
and the Chairman
[[Page 68757]]
of the FTC about the impact on competition of using the methods
contained in these standards and has received no comments objecting to
their use.
N. Description of Materials Incorporated by Reference
In this rule, DOE incorporates by reference ANSI/ASHRAE/IES
Standard 90.1-2013, Energy Standard for Buildings Except Low-Rise
Residential Buildings, (I-P Edition), Copyright 2013. This U.S.
standard provides minimum requirements for energy efficient designs for
buildings except for low-rise residential buildings. Copies of this
standard are available from the American Society of Heating
Refrigerating and Air-Conditioning Engineers, Inc., 1791 Tullie Circle
NE., Atlanta, GA 30329, (404) 636-8400, http://www.ashrae.org.
VII. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule prior to its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
VIII. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 10 CFR Part 433
Buildings and facilities, Energy conservation, Engineers, Federal
buildings and facilities, Housing, Incorporation by reference.
Issued in Washington, DC, on October 23, 2015.
David Danielson,
Assistant Secretary, Energy Efficiency and Renewable Energy.
For the reasons set forth in the preamble, the Department of Energy
amends chapter II of title 10 of the Code of Federal Regulations as set
forth below:
PART 433--ENERGY EFFICIENCY STANDARDS FOR DESIGN AND CONSTRUCTION
OF NEW FEDERAL COMMERCIAL AND MULTI FAMILY HIGH RISE RESIDENTIAL
BUILDINGS
0
1. The authority citation for part 433 continues to read as follows:
Authority: 42 U.S.C. 6831-6832; 6834-6835; 42 U.S.C. 7101 et
seq.
0
2. Amend Sec. 433.2 by adding in alphabetical order the definition of
``ASHRAE Baseline Building 2013'' to read as follows:
Sec. 433.2 Definitions.
* * * * *
ASHRAE Baseline Building 2013 means a building that is otherwise
identical to the proposed building but is designed to meet, but not
exceed, the energy efficiency specifications in ANSI/ASHRAE/IES
Standard 90.1-2013, Energy Standard for Buildings Except Low-Rise
Residential Buildings, 2013 (incorporated by reference, see Sec.
433.3).
* * * * *
0
3. Amend Sec. 433.3 by adding paragraph (b)(4) to read as follows:
Sec. 433.3 Materials incorporated by reference.
* * * * *
(b) * * *
(4) ANSI/ASHRAE/IES 90.1-2013, (``ASHRAE 90.1-2013''), Energy
Standard for Buildings Except Low-Rise Residential Buildings, I-P
Edition, Copyright 2013, IBR approved for Sec. Sec. 433.2, 433.100,
and 433.101.
0
4. Amend Sec. 433.100 by:
0
a. Revising the introductory text of paragraphs (a)(2) and (3);
0
b. Adding paragraph (a)(4); and
0
c. Revising paragraph (b).
The revisions and addition read as follows:
Sec. 433.100 Energy efficiency performance standard.
(a) * * *
(2) All Federal agencies shall design new Federal buildings that
are commercial and multi-family high-rise residential buildings, for
which design for construction began on or after August 10, 2012, but
before July 9, 2014, to:
* * * * *
(3) All Federal agencies shall design new Federal buildings that
are commercial and multi-family high-rise residential buildings, for
which design for construction began on or after July 9, 2014, but
before November 6, 2016 to:
* * * * *
(4) All Federal agencies shall design new Federal buildings that
are commercial and multi-family high-rise residential buildings, for
which design for construction began on or after November 6, 2016 to:
(i) Meet ASHRAE 90.1-2013, (incorporated by reference, see Sec.
433.3); and
(ii) If life-cycle cost-effective, achieve energy consumption
levels, calculated consistent with paragraph (b) of this section, that
are at least 30 percent below the levels of the ASHRAE Baseline
Building 2013.
(b) Energy consumption for the purposes of calculating the 30
percent savings requirements shall include the building envelope and
energy consuming systems normally specified as part of the building
design by ASHRAE 90.1 such as space heating, space cooling,
ventilation, service water heating, and lighting, but shall not include
receptacle and process loads not within the scope of ASHRAE 90.1 such
as specialized medical or research equipment and equipment used in
manufacturing processes.
* * * * *
0
5. Amend Sec. 433.101 by:
0
a. Revising the introductory text of paragraphs (a)(2) and (a)(3);
0
b. Adding paragraph (a)(4); and
0
c. Revising paragraph (b).
The revisions and addition read as follows:
Sec. 433.101 Performance level determination.
(a) * * *
(2) For Federal buildings for which design for construction began
on or after August 10, 2012, but before July 9, 2014, each Federal
agency shall determine energy consumption levels for both the ASHRAE
Baseline Building 2007 and proposed building by using the Performance
Rating Method found in Appendix G of ASHRAE 90.1-2007 (incorporated by
reference, see Sec. 433.3), except the formula for calculating the
Performance Rating in paragraph G1.2 shall read as follows:
* * * * *
(3) For Federal buildings for which design for construction began
on or after July 9, 2014, but before November 6, 2016 each Federal
agency shall determine energy consumption levels for both the ASHRAE
Baseline Building 2010 and proposed building by using the Performance
Rating Method found in Appendix G of ASHRAE 90.1-2010 (incorporated by
reference, see Sec. 433.3), except the formula for calculating the
Performance Rating in paragraph G1.2 shall read as follows:
* * * * *
(4) For Federal buildings for which design for construction began
on or after before November 6, 2016 each Federal agency shall determine
energy consumption levels for both the ASHRAE Baseline Building 2013
and proposed building by using the Performance Rating Method found in
Appendix G of ASHRAE 90.1-2013 (incorporated by reference, see Sec.
433.3), except the formula for calculating the Performance Rating in
paragraph G1.2 shall read as follows:
(i) Percentage improvement = 100 x ((Baseline building consumption
- Receptacle and process
[[Page 68758]]
loads)- (Proposed building consumption - Receptacle and process
loads))/(Baseline building consumption - Receptacle and process loads)
(which simplifies as follows):
(ii) Percentage improvement = 100 x (Baseline building consumption
- Proposed building consumption)/(Baseline building consumption -
Receptacle and process loads).
(b) Energy consumption for the purposes of calculating the 30
percent savings requirements in Sec. 433.100 shall include the
building envelope and energy consuming systems normally specified as
part of the building design by ASHRAE 90.1 such as space heating, space
cooling, ventilation, service water heating, and lighting, but shall
not include receptacle and process loads not within the scope of ASHRAE
90.1 such as specialized medical or research equipment and equipment
used in manufacturing processes.
[FR Doc. 2015-28078 Filed 11-5-15; 8:45 am]
BILLING CODE 6450-01-P