[Federal Register Volume 75, Number 199 (Friday, October 15, 2010)]
[Proposed Rules]
[Pages 63404-63419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25852]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 /
Proposed Rules
[[Page 63404]]
DEPARTMENT OF ENERGY
10 CFR Parts 433 and 435
[Docket No. EERE-2010-BT-STD-0031]
RIN 1904-AB96
Fossil Fuel-Generated Energy Consumption Reduction for New
Federal Buildings and Major Renovations of Federal Buildings
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The U.S. Department of Energy (DOE) is publishing this notice
of proposed rulemaking to implement provisions of the Energy
Conservation and Production Act, as amended by the Energy Independence
and Security Act of 2007 that require DOE to establish revised
performance standards for the construction of all new Federal
buildings, including commercial buildings, multi-family high-rise
residential buildings and low-rise residential buildings. The
provisions in this notice of proposed rulemaking specifically address
the reduction of fossil fuel-generated energy consumption in new
Federal buildings and Federal buildings undergoing major renovations.
This proposed rule also addresses how agencies other than the General
Services Administration (GSA) may petition DOE for a downward
adjustment of the requirements if they believe meeting the full fossil
fuel-generated energy consumption reduction level is technically
impracticable in light of the specified functional needs for that
building.
DATES: Public comments on this proposed rule will be accepted until
December 14, 2010. DOE will hold a public meeting on Friday, November
12, 2010, from 9 a.m. to 5 p.m., in Washington, DC. Interested persons
who wish to speak at the public meeting should e-mail or phone Ms.
Brenda Edwards by 4:30 p.m., Friday, October 29, 2010. DOE must receive
a signed original and an electronic copy of statements to be given at
the public meeting before 4 p.m., Friday, November 5, 2010.
Additionally, DOE plans to conduct the public meeting via webinar. You
can attend the public meeting via webinar, and registration
information, participant instructions, and information about the
capabilities available to webinar participants will be published on the
Building Energy Codes Program's Web site http://www.energycodes.gov/events/doe/fossil_fuels.stm, and/or on the Federal Energy Management
Program's Web site http://www1.eere.energy.gov/femp/regulations/notices_rules.html. Participants are responsible for ensuring their
systems are compatible with the webinar software.
DOE will accept comments, data, and information regarding this
notice of proposed rulemaking (NOPR) before and after the public
meeting, but no later than December 14, 2010. If you submit information
that you believe to be exempt by law from public disclosure, you should
submit one complete copy, as well as one copy from which the
information claimed to be exempt by law from public disclosure has been
deleted. DOE is responsible for the final determination with regard to
disclosure or nondisclosure of the information and for treating it
accordingly under the DOE Freedom of Information regulations at 10 CFR
1004.11.
ADDRESSES: You may submit comments, identified by any of the following
methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: [email protected]. Include
EERE-2010-BT-STD-0031 and/or RIN 1904-AB96 in the subject line of the
message.
Postal Mail: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Program, Mailstop EE-2J, Fossil Fuel-
Generated Energy Consumption Reduction for New Federal Buildings and
Major Renovations of Federal Buildings EERE-2010-BT-STD-0031 and/or RIN
1904-AB96, 1000 Independence Avenue, SW., Washington, DC 20585-0121.
Telephone: (202) 586-9138. Please submit one signed paper original. Due
to the potential delays in DOE's receipt and processing of mail sent
through the U.S. Postal Service, DOE encourages respondents to submit
comments electronically to ensure timely receipt.
Hand Delivery/Courier: Brenda Edwards, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington,
DC 20585-0121.
Instructions: All submissions must include the agency name and
docket number or Regulatory Information Number (RIN) for this
rulemaking.
Docket: For access to the docket to read background documents or
comments received by DOE, go to the U.S. Department of Energy,
Forrestal Building, Room 5E-080 (Resource Room of the Federal Energy
Management Program), 1000 Independence Avenue, SW., Washington, DC,
(202) 586-9127, between 9 a.m. and 4 p.m., Monday through Friday,
except Federal holidays. Please call Brenda Edwards at (202) 586-2945
for additional information regarding visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Margo Appel, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington,
DC 20585-0121, (202) 586-9495, e-mail: [email protected], or Ami
Grace-Tardy, U.S. Department of Energy, Office of the General Counsel,
Forrestal Building, GC-71, 1000 Independence Avenue, SW., Washington,
DC 20585, (202) 586-5709, e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
II. Discussion of Proposed Rule
III. Reference Resources
IV. Regulatory Review
V. Approval by the Office of the Secretary
I. Background
Section 305 of the Energy Conservation and Production Act (ECPA)
established energy conservation requirements for Federal buildings (42
U.S.C. 6834). Section 433(a) of the Energy Independence and Security
Act of 2007 (Pub. L. 110-140) (EISA) amended section 305 of ECPA and
directed that DOE establish regulations that revised Federal building
energy efficiency performance standards to require that ``[f]or new
Federal buildings and Federal buildings undergoing major renovations,
with respect to which the
[[Page 63405]]
Administrator of General Services is required to transmit a prospectus
to Congress under section 3307 of Title 40, in the case of public
buildings (as defined in section 3301 of Title 40), or of at least
$2,500,000 in costs adjusted annually for inflation for other
buildings,'' the ``buildings shall be designed so that the fossil fuel-
generated energy consumption of the buildings is reduced as compared
with such energy consumption by a similar building in fiscal year 2003
(as measured by Commercial Buildings Energy Consumption Survey or
Residential Energy Consumption Survey data from the Energy Information
Agency), by'' specific graduated percentages ranging from 55 percent to
100 percent over a specified period of time beginning in fiscal year
2010 and ending in fiscal year 2030 (42 U.S.C. 6834(a)(3)(D)(i)(I)).
In addition, ECPA as amended by EISA permits DOE upon petition by
an agency subject to the statutory requirements, to adjust the
applicable numeric reduction requirement ``downward with respect to a
specific building, if the head of the agency designing the building
certifies in writing that meeting such requirement would be technically
impracticable in light of the agency's specified functional needs for
that building and'' DOE concurs with the agency's conclusion (42 U.S.C.
6834(a)(3)(D)(i)(II)). ECPA as amended by EISA further directs that
such an adjustment does not apply to GSA (42 U.S.C.
6834(a)(3)(D)(i)(II)).
Today's proposed rule on fossil fuel-generated energy consumption
reduction proposes to amend certain portions of 10 CFR parts 433 and
435, the regulations governing energy efficiency in Federal buildings.
Additionally, DOE published a proposed rule on sustainable design
standards for new Federal buildings on May 28, 2010 (75 FR 29933),
which also proposes to amend certain portions of 10 CFR parts 433 and
435. DOE has already addressed some elements of today's proposed rule
in the sustainable design proposed rule. Specifically, overlapping
elements of both proposed rules are the definitions of ``new Federal
building'' and ``major renovation.'' The proposed regulatory text in
today's document would amend the current regulatory text, without
consideration of amendments that may result from the sustainable design
rulemaking. If and when these two rulemakings are finalized, DOE will
coordinate the final regulatory text between the two rulemakings.
In addition, there are a number of statutory provisions,
regulations, Executive Orders, and memorandums of understanding that
govern the construction of new Federal buildings or major renovations
to Federal buildings. These include, but are not limited to, Executive
Order 13514 (74 FR 52117); sections 323, 433, 434, and 523 of the
Energy Independence and Security Act 2007 (Pub. L. 110-140); Executive
Order 13423 (72 FR 3919); the Guiding Principles for Federal Leadership
in High Performance and Sustainable Buildings originally adopted in the
Federal Leadership in High Performance and Sustainable Buildings MOU;
section 109 of the Energy Policy Act of 2005 (Pub. L. 109-58); and 10
CFR parts 433 and 435. If made final, the proposed rule would not
supersede other applicable legal requirements for new Federal buildings
or major renovations to Federal buildings.
II. Discussion of Proposed Rule
A. Overview
The proposed rule would establish revised Federal building energy
efficiency performance standards for achieving the reductions in fossil
fuel-generated energy consumption as listed in ECPA as amended by EISA
(42 U.S.C. 6834(a)(3)(D)(i)(I)). The proposed rule would also clarify
which building types are covered by the standards and which building
types are excluded. The proposed rule establishes a methodology for
compliance, including calculation of the maximum allowable fossil fuel-
generated energy consumption based on building type, and how fossil
fuel consumption resulting from electricity usage should be considered.
Today's proposed rule would also establish procedures for agencies to
petition DOE for downward adjustment of the applicable percentage
reduction requirement.
B. Scope of Proposed Rule
Section 305(a)(3) of ECPA as amended directs DOE to establish
regulations that require fossil fuel-generated energy consumption
reductions be applied to a subset of new Federal buildings and Federal
buildings undergoing major renovation. (42 U.S.C. 6834(a)(3)(D)(i)(I))
A building is in the subset of new Federal buildings and Federal
buildings undergoing major renovations if the building is:
A public building as defined in 40 U.S.C. 3301,\1\ for
which the Administrator of General Services is required to transmit a
prospectus to Congress under U.S.C. Title 40, section 3307, or
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\1\ Under 40 U.S.C. 3301(5) ``public building'' is a building,
whether for single or multitenant occupancy, and its grounds,
approaches, and appurtenances, which is generally suitable for use
as office or storage space or both by one or more Federal agencies
or mixed-ownership Government corporations.
``Public building'' includes Federal office buildings, post
offices, customhouses, courthouses, appraisers stores, border
inspection facilities, warehouses, record centers, relocation
facilities, telecommuting centers, similar Federal facilities, and
any other buildings or construction projects the inclusion of which
the President considers to be justified in the public interest.
The definition does not include a building or construction
project that is on the public domain (including that reserved for
national forests and other purposes); that is on property of the
Government in foreign countries; that is on Indian and native Eskimo
property held in trust by the Government; that is on land used in
connection with Federal programs for agricultural, recreational, and
conservation purposes, including research in connection with the
programs; that is on or used in connection with river, harbor, flood
control, reclamation or power projects, for chemical manufacturing
or development projects, or for nuclear production, research, or
development projects; that is on or used in connection with housing
and residential projects; that is on military installations
(including any fort, camp, post, naval training station, airfield,
proving ground, military supply depot, military school, or any
similar facility of the Department of Defense); that is on
installations of the Department of Veterans Affairs used for
hospital or domiciliary purposes; or the exclusion of which the
President considers to be justified in the public interest.
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A building and major renovation for which the construction
project cost is at least $2,500,000 (in 2007 dollars, adjusted for
inflation using U.S. Department of Labor Producer Price Indexes).
DOE notes that the definition of ``Federal building'' was changed
in statute, and DOE is addressing that definition and the definition of
``new Federal building'' in a separate rulemaking. (42 U.S.C. 6832(6))
The statute now defines ``Federal building'' to mean any building to be
constructed by, or for the use of, any Federal agency. In the separate
rulemaking DOE is proposing that the term include buildings built for
the purpose of being leased by a Federal agency, and privatized
military housing.
For the purpose of this rulemaking, DOE would consider public
buildings to include buildings leased by a Federal agency. DOE
recognizes, however, that a Federal agency may not have control over
the design of a renovation of a leased building in which the agency is
a tenant. For the purpose of this rulemaking, DOE considers major
renovations to be limited to those renovations for which a Federal
agency has significant control over the renovation design.
Additionally, DOE would consider construction project costs to be
those costs for which the agency currently has
[[Page 63406]]
funding. That is, the $2,500,000 threshold would not include renovation
activities that potentially could occur in future fiscal years.
Generally, construction project costs include design, permitting,
construction (materials and labor), and commissioning costs. Land and
legal costs would generally not be included. DOE requests comment on
this definition of construction costs.
DOE is proposing that Federal agencies would be required to comply
with the final rule starting one year from the date of the final rule.
As proposed, covered buildings for which design for construction begins
on or after that effective date must meet the requirements established
in this rule. The one year period would provide Federal agencies
sufficient time to revise new building designs prior to the start of
construction and would be consistent with that the lead time provided
for the energy efficiency performance standards for the construction of
all new Federal buildings.
C. Fiscal Year Percentage Reductions
Section 305 of ECPA as amended by EISA mandates that buildings
subject to this proposed rule be designed to reduce fossil fuel-
generated energy consumption by 55 percent beginning in fiscal year
2010, 65 percent beginning in fiscal year 2015, 80 percent beginning in
fiscal year 2020, 90 percent beginning in fiscal year 2025, and 100
percent beginning in fiscal year 2030 (42 U.S.C. 6834(a)(3)(D)(i)(I)).
DOE interprets this table in the statute to mean that any building
whose design for construction begins in the fiscal year specified in
the statute must be designed to achieve the fossil fuel-generated
energy consumption reductions for that fiscal year. DOE welcomes
comments on this interpretation. DOE interprets the fiscal years listed
in the statute as spans of years for which the fossil fuel-generated
energy consumption reductions would apply. For instance, the applicable
percentage reduction for fiscal year 2010 would apply for the time span
of fiscal year 2010 through fiscal year 2014. The applicable percentage
reduction for fiscal year 2015 would apply for the time span of fiscal
year 2015 through fiscal year 2019, and so on. DOE welcomes comments on
this interpretation. Congress directed DOE to establish a rule
addressing these fossil fuel-generated energy consumption reductions
beginning in fiscal year 2010. DOE believes that the fossil fuel-
generated energy consumption reductions do not apply to Federal
agencies until the regulations implementing the reductions are
finalized. Today's proposed rule would apply to buildings for which
design for construction begins at least one year after the final rule
is issued.
D. Methodology To Determine Compliance
Section 305 of ECPA as amended by EISA in part requires that the
buildings that are the subject of today's proposed rule be designed so
that the fossil fuel-generated energy consumption of the buildings is
reduced, as compared with such energy consumption by a similar building
in fiscal year 2003 (as measured by Commercial Buildings Energy
Consumption Survey or Residential Energy Consumption Survey data from
the Energy Information Agency), by the percentages specified in Section
305 of ECPA. (42 U.S.C. 6834(a)(3)(D)(i)(I)).
Determine Baseline Fossil Fuel-Generated Energy Consumption of Similar
Building
To determine whether a building meets the numeric fossil fuel
reduction requirements specified by ECPA as amended by EISA, it is
necessary to establish a baseline against which the reductions can be
measured. For purposes of this proposed rulemaking, the statute
establishes the baseline to be energy consumption data from Commercial
Buildings Energy Consumption Survey (CBECS) for commercial buildings
and Residential Buildings Energy Consumption Survey (RECS) for
residential buildings. The CBECS and RECS data, which can be found at
http://www.eia.doe.gov/emeu/cbecs/contents.html and at http://www.eia.doe.gov/emeu/recs/contents.html, are based on actual reported
energy use over a large sample of buildings, normalized for size to
thousands of British thermal units per square foot of floor space
(kBtu/ft\2\).
ECPA as amended by EISA requires that the buildings subject to this
proposed rule be designed so that the fossil fuel-generated energy
consumption of the buildings is reduced as compared with energy
consumption data of a similar building in fiscal year 2003 as measured
by CBECS or RECS (42 U.S.C. 6834(a)(3)(D)(i)(I)). The limited number of
buildings surveyed by CBECS and RECS data does not always allow for a
direct estimate of building energy use by climate zone and building
type because there are only a few surveyed buildings that fit into some
building type/climate zone groups. DOE believes, however, that a
climate adjustment is necessary to provide reasonable baselines.
Therefore, DOE is developing fossil fuel-generated energy requirements
based on building type using CBECS or RECS data, and then applying a
climate adjustment using the climate zones defined in the baseline
energy efficiency standards at 10 CFR parts 433 and 435. This ensures
that new Federal buildings will have to achieve reductions commensurate
to a baseline appropriate for their respective climate zone, rather
than to a national average that does not account for the impacts of the
local climate on the energy use of a specific building. DOE solicits
comment on the best technique for calculating the climate adjustment
for the different building types.
Note that ECPA as amended by EISA makes no distinction between
fossil fuels such as natural gas, petroleum, and coal for purposes of
the required fossil fuel-generated reductions addressed in today's
rule. DOE recognizes that some fossil fuels have higher CO2
emission factors than other fossil fuels, with coal being the highest
and natural gas being the lowest. While the statute does not
specifically direct DOE to consider variation in fossil fuels for
purposes of this rulemaking, it does not prohibit DOE from doing so.
With this in mind, DOE seeks public comment on whether all fossil fuels
should be treated equally or whether each should be treated differently
based on CO2 emission factors or some other factor.
Commercial Buildings Baseline--CBECS
ECPA as amended by EISA requires that the fossil fuel-generated
energy consumption of new Federal buildings and Federal buildings
undergoing major renovations be compared to that of similar buildings
in fiscal year 2003 as measured by CBECS or RECS data (42 U.S.C.
6834(a)(3)(D)(i)(I)). The most recent available CBECS data is from a
CBECS survey that was conducted in 2003.
As discussed in the previous section, for purposes of establishing
a baseline, DOE is developing a baseline based on building type, as
defined by CBECS, with a climate adjustment as discussed previously. In
the CBECS data, Column G of the following table, http://www.eia.doe.gov/emeu/cbecs/cbecs2003/detailed_tables_2003/2003set9/2003excel/c3.xls, lists the energy use per square foot of various
groups of buildings. Note that in CBECS documents, the phrases building
type and principal building activity are used interchangeably. For the
sake of consistency, this document only uses the phrase building type.
It should be noted that DOE has commissioned an analysis of the
2003
[[Page 63407]]
CBECS data by building type and climate zone, and the results may be
found in the report Methodology for Modeling Building Energy
Performance Across the Commercial Sector by the National Renewable
Energy Laboratory (NREL/TP-550-41956 2008) at http://apps1.eere.energy.gov/buildings/publications/pdfs/commercial_initiative/energy_use_intensity_targets.pdf. Examination of Table 4
in the analysis DOE commissioned indicates the insufficient sample size
of the CBECS data when both building type and climate zone are used to
characterize building energy consumption. DOE's analysis produced often
erratic and large variation in kBtu/ft\2\ by building type across the
different climate zones and even across similar climate zones,
indicating an insufficient sample size. For this reason, DOE is
performing additional analysis and processing of the CBECS data with
the goal of producing CBECS-based requirements by building type and
climate zone, with the climate zones as defined in the baseline
standard for 10 CFR part 433 (ANSI/ASHRAE/IESNA Standard 90.1-2004).
One issue that arises with the use of this CBECS data is what to do
with buildings that are split into multiple building types. It is quite
common to find buildings that are a combination of warehouse and
office, or warehouse and retail, or education and office, or laboratory
and office, or some other combination of building types. Today's
proposed rule will offer agencies the option to perform a building
area-weighted average in order to determine the appropriate baseline
level of fossil fuel-generated energy consumption. This process is
described in 10 CFR 433.4(e) of the proposed rule.
CBECS does not provide data on total fossil fuel-generated energy
consumption in buildings. However, fossil fuel-generated energy
consumption can be calculated from CBECS data by using the following
equation:
Fossil fuel-generated energy consumption = Direct consumption of fossil
fuels in the building plus the amount of electrical energy consumption
that is generated from fossil fuels
The 2003 CBECS lists direct consumption of fossil fuels in Table C1
(http://www.eia.doe.gov/emeu/cbecs/cbecs2003/detailed_tables_2003/2003set9/2003excel/c1.xls) in columns labeled natural gas and fuel oil.
The 2003 CBECS also identifies both the primary electrical energy,
which is the total energy used to generate and transmit electricity to
a building, and the energy content of the electricity consumed in the
building. In CBECS energy consumption data, the primary electrical
energy required to generate and transmit electricity to the point of
use in a building is roughly three times the energy content of the
electricity itself. The fraction of electricity generated from fossil
fuels on a nationwide basis, referred to in this document as the fossil
fuel generation ratio, is calculated from data in Table 2.1 of the
Energy Information Administration (EIA) 2008 Electric Power Annual
Report (http://www.eia.doe.gov/cneaf/electricity/epa/epat2p1.html) by
summing the electric generation from coal, petroleum, natural gas, and
other gases (derived from fossil fuels) and then dividing by the total
electric generation. The fossil fuel generation ratio changes each
year. Because ECPA as amended by EISA requires that the fossil fuel-
generated energy consumption in new buildings and those undergoing
major renovations be compared to that of similar buildings in fiscal
year 2003, the 2003 fossil fuel generation ratio must be used in order
to calculate the baseline fossil fuel-generated energy consumption
levels. For 2003, the fossil fuel generation ratio was 0.71, meaning
that about 71% of all electricity in the United States is generated
from fossil fuels.
The approach taken in today's rulemaking to estimate the fossil
fuel consumption associated with electricity consumption applies the
national average contribution of fossil fuel to electricity generation.
This approach would result in reductions in electricity consumption
being treated the same across all geographic areas, and would not
reflect regional variations in the contribution of fossil fuels to
electricity generation. DOE is considering a regional approach to
establishing the average fossil fuel fraction associated with building
energy use. Prior to reaching a conclusion regarding the use of
national or regional averages of fossil fuel inputs to the electric
sector, DOE will evaluate both approaches and both average and marginal
factors to determine their likely effects on agency decision-making and
their ability to provide an accurate indication of the likely impacts
of reductions in Federal agency electricity use on the use of fossil
fuels in the electric sector. For example, the use of national average
fossil fuel inputs to electric sector (rather than regional averages)
may provide a better indication of the actual fossil fuel reductions
likely to result from reductions in electricity use. Reductions in
future electricity demand are likely to cause electric utilities to
reduce the power supplied by those electricity generation units or
sources that have the highest marginal costs. Over both the short and
long run, the types of power generation that have the highest marginal
costs are more likely to be fossil fuel units than those powered by
nuclear, hydropower or other renewable energy sources. This is likely
to be true in all regions of the country, regardless of their current
or projected reliance on fossil fuels to generate electricity. Regional
marginal fossil fuel reduction factors may also be appropriate. DOE
invites comments on whether it should use a national or regional
approach and average or marginal factors to estimate the fossil fuel
consumption associated with electricity consumption, taking into
consideration the potential implications on agency decision-making and
actual fossil fuel use.
The fossil fuel-generated energy consumption baseline column in
Table 1 below is calculated directly from Table C1 in the 2003 CBECS.
For each building type, the primary electrical energy is multiplied by
the fossil fuel generation ratio then added to the direct fossil fuel
consumption to get the total fossil fuel-generated consumption for that
particular building type. The total fossil fuel consumption is then
divided by the total floorspace for that building type to get the
fossil fuel-generated energy consumption, as reported in Table 1 below.
DOE is proposing building type definitions based largely on the CBECS
glossary, with some minimal modifications for regulatory clarity. DOE
requests comment on the building type definitions.
The baselines provided in Table 1 do not currently reflect any
adjustment for climate-related variations in building energy use. As
discussed elsewhere in this proposed rule, DOE believes a climate
adjustment is necessary to provide reasonable baselines, and DOE is
seeking comment on this issue. In a final rule, DOE intends to update
the values provided in Table 1 for climate.
Residential Buildings Baseline--RECS
ECPA as amended by EISA requires that the fossil fuel-generated
energy consumption of new Federal buildings and Federal buildings
undergoing major renovations be compared to that of similar buildings
in fiscal year 2003 as measured by CBECS or RECS data (42 U.S.C.
6834(a)(3)(D)(i)(I)). Residential Energy Consumption Surveys (RECS)
were conducted in 2001 and 2005; there is no data for 2003. Because the
2005
[[Page 63408]]
RECS data is the most recently available data at the time of this
proposed rulemaking, DOE expects to use the 2005 RECS data as a
baseline.
As with the CBECS data for commercial buildings, the limited number
of buildings surveyed by RECS data does not always allow for a direct
calculation of building energy use by climate zone and building type
without additional analysis. DOE believes, however, that a climate
adjustment is necessary to provide more reasonable baselines. DOE,
therefore, proposes to establish fossil fuel-generated energy
requirements based on building type using RECS data, and then apply a
climate adjustment using the climate zones defined in the baseline
energy efficiency standard at 10 CFR part 435 (the 2004 IECC). This
ensures that new Federal buildings will have to achieve reductions
commensurate to a baseline appropriate for their respective climate
zone, rather than to a national average baseline that is either too
cold or too warm for their particular needs. DOE solicits comment on
the best technique for calculating the climate adjustment for the
different building types.
The 2005 RECS lists direct consumption of fossil fuels by
households in Table US9 available at http://www.eia.doe.gov/emeu/recs/recs2005/hc2005_tables/c&e/excel/tableus9.xls in columns labeled
natural gas, fuel oil, kerosene, and LPG. To calculate the total fossil
fuel-generated energy consumption per household for each type of
housing unit, the direct fossil fuel consumption per household and
fossil fuel consumption for electricity consumption per household are
summed, using the same factors to determine the fossil fuel fraction of
residential electricity consumption that was used for commercial
buildings. The total fossil fuel-generated energy consumption per
household is then divided by the average floorspace for each type of
housing unit. The average floor space for each type of housing unit can
be found at http://www.eia.doe.gov/emeu/recs/recs2005/c&e/summary/excel/tableus1part1.xls. This calculation produces the fossil fuel use
per square foot for each type of housing unit. The results can be found
in the baseline column of Table 2 below. DOE is proposing building type
definitions based largely on the RECS glossary, with some minimal
modifications for regulatory clarity. For example, the 2005 RECS data
includes values for ``manufactured homes'' although the RECS glossary
does not define ``manufactured homes'' but does define ``mobile home.''
DOE requests comment on the building type definitions.
The baselines provided in Table 2 do not currently reflect any
adjustment for climate-related variations in building energy use. As
discussed elsewhere in this proposed rule, DOE believes a climate
adjustment is necessary to provide reasonable baselines, and DOE is
seeking comment on this issue. In a final rule, DOE intends to update
the values provided in Table 2 for climate.
When using Table 2, it is important to note a shortcoming of RECS
data for use in performance standards for Federal buildings. The
shortcoming is that RECS data is collected on a per household basis and
does not include energy use in common areas. As a result, the value for
fossil fuel-generated energy consumption per square foot of floorspace
shown in Table 2 only accounts for the non-common areas of these
buildings. DOE considered accounting for common area energy use in the
requirements, but RECS does not collect that data. To resolve this
issue, DOE proposes applying the RECS-derived fossil fuel requirements
to all applicable floorspace, including common and non-common areas.
The benefits of this approach are that it is relatively simple and will
not make it more difficult for building designers to show compliance.
Because common areas account for a small fraction of floorspace, the
effect on the requirement will be minimal. Also, common areas often
have a lower energy intensity, so by using only non-common areas the
maximum allowable fossil fuel-generated energy requirement will, if
anything, be slightly higher. DOE welcomes comments on this approach or
other specific approaches that could be used to develop the RECS-
derived requirements.
Calculation of Maximum Allowable Fossil Fuel-Generated Energy
Consumption
Once the baseline fossil fuel-generated energy consumption from the
2003 CBECS and 2005 RECS has been determined, the consumption reduction
requirements as specified in ECPA as amended by EISA should be
calculated. Again, although the baselines provided in Tables 1 and 2 do
not currently reflect any adjustment for climate-related variations in
building energy use, DOE is developing fossil fuel-generated energy
requirements based on building type using CBECS or RECS data, and then
applying a climate adjustment. In a final rule, DOE intends to update
the values provided in Tables 1 and 2 for climate.
The requirements derived from CBECS, which apply to commercial
buildings, are shown in Table 1. The consumption reduction requirements
derived from RECS, which apply to both multi-family high-rise
residential buildings and low-rise residential buildings, are found in
Table 2. In this rulemaking DOE is proposing a revised definition of
``Multi-family high-rise residential building,'' largely based on the
definition at 10 CFR 434.201, although the proposed definition
clarifies that multi-family high-rise residential buildings are
designed to be four or more stories above grade.
As discussed above, Tables 1 and 2 show data only at the national
level, with national average values used for the fossil fuel generation
ratio of 0.71. As discussed elsewhere in this rule, DOE is considering
and invites comments on whether it should use a national or regional
approach and average or marginal factors to estimate the fossil fuel
consumption associated with electricity consumption.
For purposes of simplification, values in these tables have been
truncated to the nearest kBtu/ft\2\. In today's notice, the fossil
fuel-generated energy consumption percentage reductions are presented
as maximum allowable fossil fuel-generated energy consumption levels.
Because the figures are premised on the proposed baseline values, the
percentage reductions equate to the absolute values which are presented
as the maximum allowable values. For ease of agency interpretation, the
maximum allowable approach was used in today's notice.
[[Page 63409]]
Table 1--2003 CBECS Fossil Fuel-Generated Energy Consumption Baseline and Maximum Allowable Fossil Fuel-Generated Energy Consumption by Building Type
and Fiscal Year (FY), kBtu/ft\2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2012-2014 FY 2015-2019 FY 2020-2024 FY 2025-2029 FY 2030 and
---------------------------------------------------------------- beyond
Building type Baseline (kBtu/ ---------------
ft\2\) 55% reduction 65% reduction 80% reduction 90% reduction 100% reduction
(kBtu/ft\2\) (kBtu/ft\2\) (kBtu/ft\2\) (kBtu/ft\2\) (kBtu/ft\2\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Education............................................... 126 57 44 25 13 0
Food Sales.............................................. 387 174 135 77 39 0
Food Service............................................ 404 182 141 81 40 0
Health Care (Inpatient)................................. 313 141 109 63 31 0
Health Care (Outpatient)................................ 148 67 52 30 15 0
Lodging................................................. 148 67 52 30 15 0
Retail (Other Than Mall)................................ 126 57 44 25 13 0
Office.................................................. 160 72 56 32 16 0
Public Assembly......................................... 125 56 44 25 12 0
Public Order and Safety................................. 146 66 51 29 15 0
Religious Worship....................................... 62 28 22 12 6 0
Service................................................. 113 51 40 23 11 0
Warehouse and Storage................................... 66 30 23 13 7 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2--2005 RECS Fossil Fuel-Generated Energy Consumption Baseline and Maximum Allowable Fossil Fuel-Generated Energy Consumption by Type of High-Rise
or Low-Rise Housing Unit, kBtu/ft\2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2012-2014 FY 2015-2019 FY 2020-2024 FY 2025-2029 FY 2030 and
---------------------------------------------------------------- beyond
Building type Baseline (kBtu/ ---------------
ft\2\) 55% reduction 65% reduction 80% reduction 90% reduction 100% reduction
(kBtu/ft\2\) (kBtu/ft\2\) (kBtu/ft\2\) (kBtu/ft\2\) (kBtu/ft\2\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Single-Family Detached.................................. 59 27 21 12 6 0
Single-Family Attached.................................. 66 30 23 13 7 0
Multi-Family in 2-4 Unit Buildings...................... 105 47 37 21 11 0
Multi-Family in 5 or More Unit Buildings................ 94 42 33 19 9 0
Manufactured Homes...................................... 115 52 40 23 12 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
DOE recognizes that the required reductions identified in the above
tables for the years preceding FY 2030 may change based on how climate
and fossil fuels are considered and characterized. However, the FY 2030
requirement for buildings to be designed such that the fossil fuel-
generated energy consumption is zero would remain unchanged.
Although ECPA as amended by EISA requires that new Federal
buildings and Federal buildings undergoing major renovations be
designed so that fossil fuel-generated energy consumption of the
buildings is reduced as compared with such energy consumption by a
similar building in fiscal year 2003 (as measured by CBECS and RECS),
there are some building types for which no amount of processing of
CBECS and RECS data will yield an appropriate baseline for comparison.
Examples might include industrialized or research facilities. For
purpose of determining the Maximum Allowable Fossil Fuel Energy
Consumption for these buildings not addressed by CBECS or RECS, DOE
proposes to use the ASHRAE's Performance Rating Method to determine the
baseline energy consumption for a new Federal commercial or multi-
family high-rise residential building, and the IECC's Simulated
Performance Alternative to determine the baseline energy consumption
for a new Federal low-rise residential building. DOE welcomes input on
this approach.
Calculation of Proposed Building Fossil Fuel-Generated Energy
Consumption
To determine compliance, DOE is proposing that the fossil fuel-
generated energy consumption of the proposed new Federal building or
Federal building undergoing major renovation should be estimated using
the Performance Rating Method found in Appendix G of ANSI/ASHRAE/IESNA
Standard 90.1-2004 for commercial and multi-family high-rise
residential buildings, and the ICC International Energy Conservation
Code 2004 Supplement for low-rise residential buildings. These are the
same methods already prescribed at 10 CFR parts 433 and 435,
respectively. Because of the complexity involved in estimating fossil
fuel-generated energy consumption, this compliance requirement
effectively requires the use of a whole building simulation tool. Whole
building simulations are already performed today for most medium- and
large-sized buildings to accurately estimate loads for purposes of
sizing HVAC equipment for evaluating buildings under voluntary industry
building codes. The outputs from these tools typically include site
energy usage for both electricity and fossil fuel.
To compare the estimated fossil fuel-generated energy consumption
from the whole-building simulation tool to the maximum allowable fossil
fuel-generated energy consumption under the statute, the designer
should first calculate the primary electrical energy by multiplying the
site electrical energy (from the whole building simulation), including
receptacle and process loads, by the electricity source energy factor.
The designer then calculates the fossil fuel-generated electrical
consumption by multiplying the primary electrical energy by the fossil
fuel-generation ratio. Finally, the designer must then sum up the
fossil fuel-generated electrical consumption and any non-
[[Page 63410]]
electrical fossil fuels directly used in the proposed building (such as
gas furnaces, gas cooking stoves, gas water heaters, etc.). The sum
should be less than or equal to the required fossil fuel-generated
energy consumption value for the appropriate building type.
The electricity source energy factor is the ratio of primary
electrical energy consumed to generate and deliver energy to a site to
the electrical energy consumed on site. DOE is proposing that the
electricity source energy factor would be calculated by dividing the
average utility delivery ratio in Table 6.2.4 of the DOE Building
Energy Data Book (http://buildingsdatabook.eren.doe.gov/docs/xls_pdf/6.2.4.xls) by 3412 to convert the value from Btu/kWh to kWh/kWh. The
fossil fuel generation ratio would be calculated using the EIA's latest
Electric Power Annual report by summing the electric generation from
coal, petroleum, natural gas, and other gases (derived from fossil
fuels) and then dividing by the total electric generation.
DOE notes that the simulation analysis requirement may be
burdensome for designers of some buildings, particularly small
buildings. DOE also acknowledges that the Advanced Energy Design Guides
(AEDGs) have been completed for a few building types, including the
most significant commercial building types and sizes, but the AEDGS are
not designed to achieve the reduction levels necessary under this rule.
DOE welcomes comments on alternatives to a whole building simulation to
demonstrate compliance of these buildings with the requirements of this
proposed rulemaking. DOE also welcomes comments on the calculations
methods discussed in this section.
Plug and Process Energy Consumption
EPACT 2005 as amended by EISA requires that building be designed so
that the fossil fuel-generated energy consumption of the buildings is
reduced as compared with such energy consumption by a similar building
as measured by CBECS and RECS. All building energy consumption,
including plug and process energy consumption, is included in baseline
CBECS and RECS data, and thus is also factored into the maximum
allowable fossil fuel-generated energy consumption. Therefore, it is
necessary that plug and process loads also be included in the fossil
fuel-generated energy consumption of the new Federal building or
Federal building undergoing major renovations. This is consistent with
Table G3.1.12 in Appendix G, Performance Rating Method, ASHRAE Standard
90.1-2004. DOE acknowledges the difficulty of estimating plug and
process loads and that their inclusion may make it more difficult to
achieve the mandated fossil fuel-generated energy consumption
reductions. DOE welcomes comments on how the proposed rule can be
designed such that the assumptions used in the whole building
simulations accurately reflect, to the best degree possible, the final
building design and the operation of the building, including plug and
process loads.
Purchase of Offsite Renewable Energy
In order to meet the maximum allowable fossil fuel-generated energy
consumption requirements mandated by ECPA as amended by EISA, fossil
fuel-generated energy consumption could be offset with use of energy
created from other sources, including renewable energy sources. DOE
also recognizes there may be physical limitations to the amount of on-
site renewable electricity that can be produced, and it may be more
affordable in some cases for an agency to purchase electricity from
centralized renewable energy-generation facilities. As an example,
ASHRAE Standard 189.1-2009, ``The Standard for High-Performance Green
Buildings,'' has an on-site renewable energy requirement, but allows
the use of Renewable Energy Certificates as an alternative to meet the
requirement.
DOE is concerned however, that purchase of renewable energy-
generated electricity via Renewable Energy Certificates or direct Power
Purchase Agreements may simply reduce the amount of renewable energy
available for purchase by other entities within the U.S. and may not
necessarily lead to an overall decrease in domestic fossil fuel-
generated energy consumption. In addition, unlike Power Purchase
Agreements, the purchase of Renewable Energy Certificates does not
involve a long-term binding agreement and can readily be cancelled. It
should also be noted that the use of Renewable Energy Certificates is
being phased out by January 2012, as a way to meet the renewable energy
consumption levels established under section 203 of EPACT 2005 and
Executive Order 13423 (see ``Renewable Energy Requirement Guidance for
EPACT 2005 and Executive Order 13423,'' available at: http://www1.eere.energy.gov/femp/pdfs/epact05_fedrenewenergyguid.pdf).
DOE is leaning toward allowing Power Purchase Agreements with a
long-term contract to count toward meeting the fossil fuel-generated
energy consumption reduction requirements, but not allowing Renewable
Energy Certificates. Under this approach, agencies would be allowed to
subtract the annual electricity generated by the renewable energy-
generation facility from the building's annual site electrical energy
consumption. The building designer would use this quantity, the net
site electrical energy consumption, when calculating the building's
fossil fuel-generated energy consumption. In effect, the Power Purchase
Agreements would help agencies meet the fossil fuel consumption
requirements. DOE invites comments on how Renewable Energy Certificates
and Power Purchase Agreements should be addressed in the context of
this rulemaking. DOE also invites comments on the proposed approach
with respect to Power Purchase Agreements.
Potential Impact on Onsite Electrical Generation From Natural Gas
DOE is interested in the effect of fossil fuel-generated energy
consumption reduction requirements on distributed energy technologies
that provide onsite electrical generation from natural gas such as in
power plants and combined heat and power (CHP) systems. At power plants
and in CHP systems, natural gas is used to generate both heat and
electricity. A building with a CHP system could potentially be an all-
gas building in terms of utility purchases and would therefore be
required to reduce natural gas consumption in accordance with the
fossil fuel-generated energy consumption reduction requirements. DOE's
intent is to ensure the rule does not penalize or discourage the use of
on-site CHP systems, and invites comments how appropriate credit may be
given for CHP systems through the compliance determination methodology.
E. Cost Analysis
Given the significant reductions in fossil fuel-generated energy
consumption that would be required in today's proposed rulemaking, one
obvious question is how much will compliance with this proposed rule
impact the cost of new Federal construction and major renovations. The
answer to that question depends both on the building type and type of
housing unit being constructed and the level of fossil fuel-generated
energy consumption reduction that is required. DOE commissioned a study
by Pacific Northwest National Laboratory in 2008 to look at the
incremental costs of high performance buildings. Cost data for high
performance buildings is fairly rare and many times the costs for
achieving high levels of energy efficiency are intermingled with the
costs to achieve
[[Page 63411]]
more sustainable design. That report entitled, ``Literature Review of
Data on the Incremental Costs to Design and Build Low-Energy Buildings
(Hunt, WD, 2008, PNNL-17502 and available at http://www.pnl.gov/main/publications/external/technical_reports/PNNL-17502.pdf) came to the
following key findings as noted in the summary of the document:
Key findings of this literature review are as follows:
1. Objectively-developed and verifiable data on the cost premium
for low-energy (high efficiency) buildings are very limited. Most of
the literature focused on green or sustainable buildings, not on
low-energy buildings.
2. In cases where energy efficiency cost data were available,
the cost premiums ranged from 1% to 7%. In most cases, the cost
premium was less than 4%.
3. Technology solutions are available right now to achieve
savings on the order of 30% and more over ASHRAE Standard 90.1-2004;
however, cost-effectiveness of these technology solutions is often
not addressed.
4. Independent surveys administered to assess the perceptions of
building owners and designers regarding the costs to build and
operate green/energy-efficient buildings, and the willingness of
owners/developers to invest in green/energy-efficient buildings,
reveal some interesting common threads.
i. There is a perception that energy-efficient/green buildings
cost significantly more to design (starting at a 5% premium) and
represent a key barrier with decision makers.
ii. There seems to be a potential willingness (as implied or
measured through survey responses) to build more energy-efficient
buildings for cost premiums below 5%.
In response to the third key finding listed in the report, DOE
began calculating cost impacts for their work associated with AEDGs.
Cost impact data are available in the technical support document (TSD)
of one published ASHRAE AEDG for small warehouses that are 30% better
than Standard 90.1-2004 and four TSDs prepared by DOE for support of
future AEDGs that will achieve 50% savings over Standard 90.1-2004. The
four TSDs are for medium offices, roadside lodging, general retail, and
grocery stores. DOE expects to develop six additional TSDs for small
offices, large offices, quick service restaurants, large hospitals,
university dormitories, and K-12 schools in FY10. These additional TSDs
were not available at the time this notice was prepared.
The available TSDs may be found at: Small Warehouse (30% savings)--
http://www.pnl.gov/main/publications/external/technical_reports/PNNL-17056.pdf. General Merchandise (50% savings)--http://www.nrel.gov/docs/fy09osti/46100.pdf. Grocery Stores (50% savings)--http://www.nrel.gov/docs/fy09osti/46101.pdf. Highway Lodging Buildings (50% savings)--
http://www.pnl.gov/main/publications/external/technical_reports/PNNL-18773.pdf. Medium Office (50% savings)--http://www.pnl.gov/main/publications/external/technical_reports/PNNL-19004.pdf.
Results from the cost analyses in three of these TSDs--small
warehouse, highway lodging, and medium office--are shown below in Table
3. Ranges in the results are a function of climate zone, with buildings
in some climates zones costing more or generating less energy savings.
Multiple HVAC systems were evaluated for the 50% medium office--a more
efficient but more expensive radiant system and a more standard
variable air volume (VAV) system. It should be noted that all of the
buildings analyzed for the TSDs did have increased first costs, but
that the energy savings provided relatively good payback periods.
Table 3--Cost Effectiveness Analysis of Highly Energy Efficient Buildings
----------------------------------------------------------------------------------------------------------------
Incremental cost Simple payback on
TSD Building square Incremental cost ($ (percentage energy savings
footage per ft\2\) increase) (years)
----------------------------------------------------------------------------------------------------------------
Warehouse................... 50,000 ft\2\....... 1.88 to 3.56....... 2.6% to 7%......... 6.0 to 13.5.
Highway Lodging............. 43,000 ft\2\....... 7.58 to 10.85...... 8.4% to 8.7%....... 9.6 to 15.9.
Medium Office............... 53,600 ft\2\....... 5.47 to 9.03 5.4% to 7.0% 5.6 to 11.1
(Radiant) 2.37 to (Radiant) 2.7% to (Radiant) 3.3 to
4.22 (VAV). 3.9% (VAV). 6.2 (VAV).
----------------------------------------------------------------------------------------------------------------
Consideration of the graduated levels of fossil fuel-generated
energy consumption reduction listed in the statute (55%, 65%, 80%, 90%,
and 100%), coupled with the fact that a percentage reduction is not
directly comparable to a 30% or 50% savings over ASHRAE Standard 90.1-
2004, makes it hard to determine what level of savings is associated
with the 1% to 7% cost premiums cited in the PNNL study (``Literature
Review of Data on the Incremental Costs to Design and Build Low-Energy
Buildings,'' Hunt, WD, 2008, PNNL-17502). Converting both the
requirements of this proposed rulemaking and the simulated performance
of buildings built to 30% better than ASHRAE Standard 90.1-2004 to a
common Energy Use Intensity basis provides a better method of
comparison. Also note that the comparison must be made on a similar
energy basis. Today's proposed rulemaking applies to fossil fuel-
generated energy consumption, which is close to source energy, while
results from the TSDs are typically expressed in site energy.
Table 4 shows the comparison of the fossil fuel-generated energy
consumption reductions proposed in this rulemaking to the fossil fuel
reductions achieved in the simulations associated with two of the TSDs,
the medium office and highway lodging.
Table 4--Fossil Fuel-Generated Energy Consumption Proposed in Today's Rulemaking and Calculated in Selected AEDGs
--------------------------------------------------------------------------------------------------------------------------------------------------------
55% Fossil 65% Fossil 80% Fossil Fossil fuel
fuel reduction fuel reduction fuel reduction reduction
Building type from CBECS from CBECS from CBECS calculated in Incremental cost (percentage increase)
kBtu/ft\2\ kBtu/ft\2\ kBtu/ft\2\ TSD kBtu/ft\2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Medium Office (Rad)............................ 72 56 32 49.2 5.4% to 7.0%.
Medium Office (VAV)............................ 72 56 32 63.6 2.7% to 3.9%.
Highway Lodging................................ 67 52 30 56.4 8.4% to 8.7%.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 63412]]
Table 4 indicates that the estimated cost savings from the 50% TSDs
can be used to support the fact that 55% fossil fuel-generated energy
consumption reductions and perhaps even 65% fossil fuel-generated
energy consumption reductions from CBECS will require cost increases of
no more than 8.7%. None of the savings achieved in the 50% TSDs
approach the reduction mandated at the 80% fossil fuel-generated energy
consumption reduction level, so the cost estimates for that level of
savings and higher levels cannot be estimated.
With respect to residential buildings, DOE does not anticipate that
there will be many low-rise residential buildings that will fall under
today's proposed rulemaking as most Federal low-rise residential
buildings are not likely to be public buildings or buildings for which
construction costs are at least $2.5 million in 2007 dollars, which are
criteria that determine whether buildings are subject to the
requirements in today's proposed rule. The only low-rise residential
buildings that might be considered to fall under today's proposed rule
would be low-rise military barracks, and those barracks are best
considered to be similar to the dormitory or lodging building types
found in CBECS.
Using CBECS and RECS baselines without a climate adjustment puts
buildings in colder climate zones at a cost disadvantage because the
non-adjusted baseline would be lower than for one adjusted for climate.
A non-adjusted baseline for colder climates would require larger, more
costly fossil fuel-generated energy consumption reductions. Conversely,
using CBECS and RECS baselines without a climate adjustment provides a
cost advantage to buildings in warmer climate zones because the
baseline would be greater than for one adjusted for climate. A non-
adjusted baseline for warmer climates would require smaller, less
costly fossil fuel-generated energy consumption reductions.
However, adjusting for climate in both the baseline and the
required reduction level would be expected to eliminate potential
regional inequity that could result from climate variation and help
ensure that the fossil fuel-generated energy consumption reductions are
commensurate to the climate zone. Similarly, consideration of regional
variations in the fossil fuel contribution to electricity is not
expected to result in substantial differences in the compliance burden
for buildings across regions so long as regional variations are also
reflected in the baseline buildings. If the regional values were used
for both the baseline building and the required reduction level, the
burden of meeting the percentage reductions would remain roughly the
same in all regions (although regions with low fossil fuel use in the
electric sector might have to find more savings in non-electric end-
uses).
DOE is seeking comment on a number of issues related to the cost-
effectiveness of today's proposed rule, especially any construction
cost increases for buildings Federal agencies are in the process of
designing or have already built. DOE is seeking comment on these cost
impacts.
F. Agency Petitions for Adjustment to the Percentage Reduction
Requirement
ECPA as amended by EISA permits DOE upon petition by an agency
subject to the statutory requirements to adjust the applicable numeric
fossil fuel-generated energy consumption percentage reduction
requirement ``downward with respect to a specific building, if the head
of the agency designing the building certifies in writing that meeting
such requirement would be technically impracticable in light of the
agency's specified functional needs for the building'' and DOE concurs
with the agency's conclusion. (42 U.S.C. 6834(a)(3)(D)(i)(II)) ECPA as
amended by EISA further directs that such an adjustment does not apply
to GSA.
Today's action proposes that a petition for downward adjustment of
the numeric requirement should include an explanation of what measures
would be required to meet the fossil fuel-generated energy consumption
reduction requirement, and why those measures would be technically
impracticable in light of the agency's specified functional needs for
the building. DOE proposes that the petition should also demonstrate
that the adjustment requested by the agency represents the largest
feasible reduction in fossil fuel-generated energy consumption that can
reasonably be achieved. DOE welcomes comments on that proposal.
Although the downward adjustment provision of ECPA as amended by EISA
does not expressly include cost considerations, DOE is considering
incorporating cost considerations as part of a ``technically
impracticable'' determination. Cost would not be the sole rationale for
a determination of ``technically impracticable,'' but high costs could
be part of the evaluation. (42 U.S.C. 6834(a)(3)(D)). DOE also invites
comments that would help clarify what kind of technical
impracticability would constitute grounds for a petition for downward
adjustment.
The petition pursuant to ECPA as amended by EISA should also
include a written certification statement by the head of the agency
designing the building that meeting the fossil fuel-generated energy
consumption reduction requirements would be technically impracticable
in light of the agency's specified functional needs for that building.
42 U.S.C. 6834(D)(i)(II).
DOE notes that the statute exempts GSA from the option to petition
DOE for a downward adjustment of the applicable percentage reduction
requirement. However, DOE proposes that a new Federal building or a
Federal building undergoing major renovations for which a Federal
agency is providing substantive and significant design criteria may be
the subject of a petition. Under this approach, a GSA building that is
designed to meet the specifications provided by a tenant agency may be
considered for a downward adjustment if a petition is submitted by the
head of the tenant agency.
DOE will review petitions in a timely manner. If the petitioning
agency has successfully demonstrated the need for a downward adjustment
per the discussion above, DOE will concur with the agency's conclusion
and notify the agency in writing. If DOE does not concur, it will
forward its reasons to the petitioning agency with suggestions as to
how the fossil fuel-generated energy consumption percentage reduction
requirement may be achieved.
A petition for downward adjustment of the numeric reduction,
including any supporting information, would be addressed to: Margo
Appel, Building Technologies Program, U.S. Department of Energy, 1000
Independence Avenue, SW., Washington, DC 20585.
G. Guidance on Measures To Reduce Fossil Fuel-Generated Energy
Consumption
Building energy efficiency solutions involve advanced technologies,
integrated design principles, control strategies and other tools. The
appropriate solution and the effectiveness of each solution will vary
based on building type, building size, and location. To successfully
design a high performance building, Federal agencies must use a
reputable, experienced design team. There are an increasing number of
firms in all locations that have designed high performance buildings.
The key to successful design is identifying firms with the requisite
experience and skills, adopting an integrated design process that
begins at the first phase of the building project, and providing clear
[[Page 63413]]
direction and quality control over the firm's work. DOE invites comment
from agencies as to what additional training in this area might be
helpful.
Numerous tools are available to help Federal agencies achieve the
required fossil fuel reductions. DOE, in conjunction with ASHRAE, has
developed a series of Advanced Energy Design Guides to achieve 30
percent reductions in energy use for several types of small buildings
(small office buildings, small retail buildings, K-12 school buildings,
small warehouses and self-storage buildings, highway lodging, and small
hospitals and healthcare facilities). DOE and ASHRAE are working on 50
percent reduction guidelines for several building types. Additional
tools and resources are available through the EERE Web site. DOE's
Building Technologies Program maintains a database of high-performance
buildings (available at http://eere.buildinggreen.com).
Other resources include: The National Institute of Building
Sciences' Whole Building Design Guide; the U.S. Green Building
Council's Leadership in Energy and Environmental Design (LEED) system;
ASHRAE Standard 189.1-2009, Standard for the Design of High Performance
Green Buildings Except Low-Rise Residential Buildings; and the
International Code Council's International Green Construction Code
Public Version 1.0. DOE's Federal Energy Management Program (FEMP) Web
site provides access to these and other resources and tools that can
help Federal agencies improve the energy efficiency of new and existing
buildings (available at http://www1.eere.energy.gov/femp/). DOE has
also published a cool roof resource guide for Federal agencies,
available at http://www1.eere.energy.gov/femp/features/cool_roof_resources.html. DOE is also developing additional guidance that
provides technical and cost data related to the installation of cool
roofs.
H. Post-Construction Monitoring and Reporting
ECPA as amended by EISA does not contain any explicit post-
construction monitoring and reporting requirements. Federal agencies,
however, are reminded of the monitoring, reporting, and benchmarking
requirements in section 103 of the Energy Policy Act of 2005 (EPAct
2005) and section 432 of EISA. FEMP has issued guidance for the
metering requirements in section 103 of EPAct 2005 (available at http://www1.eere.energy.gov/femp/pdfs/adv_metering.pdf). FEMP has also
developed guidance for meeting EISA section 432 requirements (available
at http://www1.eere.energy.gov/femp/pdfs/eisa_s432_guidelines.pdf).
Finally, FEMP has also issued additional guidance on EISA section 432
benchmarking (available at http://www.eere.energy.gov/femp/pdfs/eisa_s432_guidelines.pdf).
FEMP has selected the Energy Star Portfolio Manager as the required
building energy use benchmarking system for Federal agencies.
Additional information on the use of Energy Star Portfolio Manager,
energy management, and benchmarking in general may be found on the EPA
Energy Star Web site at http://www.energystar.gov/index.cfm?c=business.bus_index.
III. Reference Resources
DOE has prepared a list of resources to help Federal agencies
address the reduction of fossil fuel-generated energy consumption. The
interim final rule on energy efficiency published in the Federal
Register on December 4, 2006 (71 FR 70275) contains reference resources
for energy efficiency improvement in building design. These resources
come in many forms such as design guidance, case studies and in a
variety of media such as printed documents or on Web sites. The
resources for energy efficiency improvement will also provide guidance
for fossil fuel-based energy consumption reduction.
IV. Regulatory Review
A. Review Under Executive Order 12866
Today's notice of proposed rulemaking has been determined to be a
significant regulatory action under section 3(f)(1) of Executive Order
12866, ``Regulatory Planning and Review,'' 58 FR 51735 (October 4,
1993). Accordingly, today's action was reviewed by the Office of
Information and Regulatory Affairs (OIRA) in the Office of Management
and Budget (OMB).
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
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,'' (August 16, 2002), 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 made its procedures and
policies available on the Office of General Counsel's Web site: http://www.gc.doe.gov.
DOE has reviewed today's proposed rule under the provisions of the
Regulatory Flexibility Act and the procedures and policies published on
February 19, 2003. Today's proposed rulemaking applies only to the
fossil fuel-generated energy consumption of new Federal buildings and
Federal buildings undergoing major renovation. As such, the only
entities impacted by this rulemaking would be Federal agencies. DOE
does not believe that there will be any impacts on small entities such
as small businesses, small organizations, or small governmental
jurisdictions.
On the basis of the foregoing, DOE certifies that this proposed
rule 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 rulemaking. 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).
C. Review Under the Paperwork Reduction Act of 1995
This proposed rule will impose no new information or record keeping
requirements. Accordingly, OMB clearance is not required under the
Paperwork Reduction Act. (44 U.S.C. 3501 et seq.)
D. Review Under the National Environmental Policy Act
The Department prepared a draft Environmental Assessment (EA) (DOE/
EA-1463) 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).
The draft EA addresses the potential incremental environmental
effects attributable to the application of the proposed rules. The
draft EA has been added to the docket for this rulemaking.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4,
1999), imposes certain requirements on agencies formulating and
implementing policies
[[Page 63414]]
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 carefully assess
the necessity for such actions. DOE has examined the proposed rule and
determined that it would not preempt State law and would 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.
F. Review Under Executive Order 12988
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
Executive 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. With regard to the review
required by section 3(a), 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 proposed rule meets the relevant standards of Executive Order
12988.
G. Review Under the 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. 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 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://www.gc.doe.gov). This notice of proposed rulemaking contains
neither an intergovernmental mandate nor a mandate that may result in
the expenditure of $100 million or more in any year, so these
requirements under the Unfunded Mandates Reform Act do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any proposed rule that may affect family
well-being. This proposed 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.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights,'' 53 FR 8859 (March 18, 1988), that this notice of proposed
rulemaking would not result in any takings which might require
compensation under the Fifth Amendment to the United States
Constitution.
J. Review Under the Treasury and General Government Appropriations Act,
2001
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 proposed rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
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 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 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 proposed 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.
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of today's notice
of proposed rulemaking.
List of Subjects in 10 CFR Parts 433 and 435
Buildings and facilities, Energy conservation, Engineers, Federal
buildings and facilities, Housing.
[[Page 63415]]
Issued in Washington, DC, on September 30, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
For the reasons set forth in the preamble, DOE proposes to amend
chapter II of title 10 of the Code of Federal Regulations as set forth
below:
PART 433--ENERGY EFFICIENCY AND FOSSIL FUEL-GENERATED ENERGY
CONSUMPTION REDUCTION DESIGN STANDARDS FOR NEW AND MAJOR
RENOVATIONS TO FEDERAL COMMERCIAL AND MULTI-FAMILY HIGH-RISE
RESIDENTIAL BUILDINGS
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.
2. The heading for part 433 is revised to read as set forth above.
3. Section 433.1 is revised to read as follows:
Sec. 433.1 Purpose and scope.
This part establishes an energy efficiency performance and maximum
allowable fossil fuel-generated energy consumption standard for new
Federal commercial and multi-family high-rise residential buildings,
for which design for construction began on or after January 3, 2007
(except as otherwise indicated: fossil fuel-generated energy
consumption requirements are applicable one year after publication of
the final rule), as required by section 305(a) of the Energy
Conservation and Production Act, as amended (42 U.S.C. 6834(a)).
Additionally, this part establishes certain requirements applicable to
major renovations of Federal commercial and multi-family high-rise
residential buildings, as indicated. For renovated buildings, those
requirements apply only to the portions of the building or building
systems that are being renovated and to the extent that the scope of
the renovation permits compliance with the applicable requirements in
this part. Unaltered portions of the building or building systems are
not required to comply with this part.
4. Section 433.2 is amended by adding in alphabetical order new
definitions for ``Direct fossil fuel consumption,'' ``District Energy
System,'' ``Electricity fossil fuel-generation ratio,'' ``Electricity
source energy factor,'' ``Fossil fuel,'' ``Fossil fuel consumption for
electricity generation,'' ``Fossil fuel-generated energy consumption,''
``Multi-family high-rise residential building,'' and ``Primary
electrical energy consumption'' to read as follows:
Sec. 433.2 Definitions.
* * * * *
Direct fossil fuel consumption means the total fossil fuel
consumption in a building excluding fossil fuel consumption for
electricity generation. This includes any fossil fuel consumption
resulting from a district energy system used in a building.
District Energy System means a central energy conversion plant and
transmission and distribution system that provides thermal energy to a
group of buildings (heating via hot water or steam, and/or cooling via
chilled water). This definition includes only thermal energy systems;
central energy supply systems that provide only electricity are
excluded from this definition.
* * * * *
Electricity fossil fuel-generation ratio means the fraction of
national U.S. electricity generation from fossil fuel sources as
provided by the Energy Information Administration Electric Power Annual
report for the appropriate year.
Electricity source energy factor is the ratio of primary electrical
energy consumed to generate and deliver energy to a site relative to
electrical energy consumed on site. The electricity source energy
factor may be calculated by dividing the average utility delivery ratio
in Table 6.2.4 of the DOE Building Energy Data Book for the appropriate
year by 3412 to convert the value from Btu/kWh to kWh/kWh.
* * * * *
Fossil fuel means a fuel formed in the earth from plant or animal
remains. Fossil fuels include coal, oil, natural gas, kerosene, and
liquefied petroleum gas (LPG).
Fossil fuel consumption for electricity generation means the
primary electrical energy consumption in a building supplied from the
national power grid multiplied by the electricity fossil fuel-
generation ratio. Electricity generated completely from non-fossil fuel
sources or from a dedicated source not connected to the national power
grid is excluded from this definition.
Fossil fuel generated-energy consumption means the sum of direct
fossil fuel consumption plus fossil fuel consumption for electricity
generation.
* * * * *
Multi-family high-rise residential building means a residential
building that contains three or more dwelling units and that is
designed to be 4 or more stories above grade.
* * * * *
Primary electrical energy consumption means the total amount of
energy used to generate and deliver electrical energy to a building
from the national power grid.
* * * * *
5. Section 433.4 is amended by adding new paragraphs (d), (e), and
(f) to read as follows:
Sec. 433.4 Energy efficiency performance standard.
* * * * *
(d) All Federal agencies shall design new Federal commercial and
multi-family high-rise residential buildings and major renovations to
Federal commercial and multi-family high-rise residential buildings,
for which design for construction began at least one year after
publication of the final rule, to meet the requirements of paragraph
(e) of this section if:
(1) The subject building is a public building as defined in 40
U.S.C. 3301 and for which transmittal of a prospectus to Congress is
required under 40 U.S.C. 3307; or
(2) The cost of the building or major renovation is at least
$2,500,000 (in 2007 dollars, adjusted for inflation).
(e)(1) All Federal agencies shall design new Federal commercial and
multi-family high-rise residential buildings and major renovations of
Federal commercial and multi-family high-rise residential buildings for
which design for construction began at least one year after publication
of the final rule and that are classified in paragraph (d) of this
section, to meet fossil fuel-generated energy consumption values equal
to or lesser than the values shown in Table 1. The maximum allowable
fossil fuel generated energy consumption values in Table 1 are a
function of building type and fiscal year for which design for
construction began.
(2) For the purpose of this paragraph (e), the following
definitions apply:
(i) Education means buildings used for academic or technical
classroom instruction, such as elementary, middle, or high schools, and
classroom buildings on college or university campuses. Buildings on
education campuses for which the main use is not classroom are included
in the category relating to their use. For example, administration
buildings are part of ``Office,'' dormitories are ``Lodging,'' and
libraries are ``Public Assembly.''
(ii) Food sales means buildings used for retail or wholesale of
food. For example, grocery stores are ``Food Sales.''
(iii) Food service means buildings used for preparation and sale of
food and beverages for consumption. For example, restaurants are ``Food
Service.''
[[Page 63416]]
(iv) Health care (inpatient) means buildings used as diagnostic and
treatment facilities for inpatient care.
(v) Health care (outpatient) means buildings used as diagnostic and
treatment facilities for outpatient care. Medical offices are included
here if they use any type of diagnostic medical equipment (if they do
not, they are categorized as an office building).
(vi) Lodging means buildings used to offer multiple accommodations
for short-term or long-term residents, including skilled nursing and
other residential care buildings.
(vii) Multi-family in 2-4 unit buildings means a unit in a building
with two to four housing units--a structure that is divided into living
quarters for two, three, or four families or households in which one
household lives above or beside another. This category also includes
houses originally intended for occupancy by one family (or for some
other use) that have since been converted to separate dwellings for two
to four families.
(viii) Multi-family in 5 or more unit buildings means a unit in a
building with five or more housing units--a structure that contains
living quarters for five or more households or families and in which
one household lives above or beside another.
(ix) Public assembly means public or private buildings, or spaces
therein, in which people gather for social or recreational activities.
(x) Public order and safety means buildings used for the
preservation of law and order or public safety.
(xi) Religious worship means buildings in which people gather for
religious activities, (such as chapels, churches, mosques, synagogues,
and temples).
(xii) Retail (other than mall) means buildings used for the sale
and display of goods other than food.
(xiii) Service means buildings in which some type of service is
provided, other than food service or retail sales of goods.
(xiv) Warehouse and storage means buildings used to store goods,
manufactured products, merchandise, raw materials, or personal
belongings (such as self-storage).
Table 1--Maximum Allowable Fossil Fuel-Generated Energy Consumption by Building Type, Commercial Buildings, kBtu/
ft\2\
----------------------------------------------------------------------------------------------------------------
kBtu/ft\2\ by fiscal year for which design for construction began
-------------------------------------------------------------------------------
Building type FY 2030 and
FY 2012-2014 FY 2015-2019 FY 2020-2024 FY 2025-2029 beyond
----------------------------------------------------------------------------------------------------------------
Education....................... 57 44 25 13 0
Food Sales...................... 174 135 77 39 0
Food Service.................... 182 141 81 40 0
Health Care (Inpatient)......... 141 109 63 31 0
Health Care (Outpatient)........ 67 52 30 15 0
Lodging......................... 67 52 30 15 0
Retail (Other Than Mall)........ 57 44 25 13 0
Office.......................... 72 56 32 16 0
Public Assembly................. 56 44 25 12 0
Public Order and Safety......... 66 51 29 15 0
Religious Worship............... 28 22 12 6 0
Service......................... 51 40 23 11 0
Warehouse and Storage........... 30 23 13 7 0
----------------------------------------------------------------------------------------------------------------
(3) For multi-family high-rise residential buildings, the maximum
allowable fossil fuel-generated energy consumption in kBtu per ft\2\ is
listed in Table 2.
Table 2--Maximum Allowable Fossil Fuel-Generated Energy Consumption by Building Type, Multi-Family High-Rise
Residential Buildings, kBtu/ft\2\
----------------------------------------------------------------------------------------------------------------
kBtu/ft\2\ by fiscal year for which design for construction began
-------------------------------------------------------------------------------
Building type FY 2030 and
FY 2012-2014 FY 2015-2019 FY 2020-2024 FY 2025-2029 beyond
----------------------------------------------------------------------------------------------------------------
Multi-Family in 2-4 Unit 47 37 21 11 0
Buildings......................
Multi-Family in 5 or More Unit 42 33 19 9 0
Buildings......................
----------------------------------------------------------------------------------------------------------------
(4) For buildings that combine one or more building types within or
between Tables 1 and 2, area-weighted fossil fuel-generated energy
consumption may be calculated by multiplying the floor area of each
building type by the consumption value from the appropriate table for
that building type, then dividing by the total floor area of the
combined building types.
(5) For Federal buildings that do not fit into any of the building
type categories listed in Table 1 or Table 2 of Sec. 433.4, a baseline
fossil fuel-generated energy consumption shall be calculated using the
Performance Rating Method, Appendix G of ASHRAE Standard 90.1-2004, as
outlined in Sec. 433.5. The maximum allowable fossil fuel-generated
energy consumption for the proposed design shall be calculated by using
the following formula:
Maximum Allowable Fossil Fuel-Generated Energy Consumption = ((Baseline
Design Electricity Consumption x Electricity Source Energy Factor x
Electricity Fossil Fuel-Generation Ratio) + Baseline Design Direct
Fossil Fuel Consumption) x Fossil Fuel Reduction Multiplier
[[Page 63417]]
(6) The fossil fuel reduction multiplier in the formula above shall
be taken from Table 3.
Table 3--Fossil Fuel Reduction Multiplier by Fiscal Year for Which
Design for Construction Began
------------------------------------------------------------------------
Reduction
Fiscal year multiplier
------------------------------------------------------------------------
2012-2014.................................................. 0.45
2015-2019.................................................. 0.35
2020-2024.................................................. 0.20
2025-2029.................................................. 0.10
2030 and beyond............................................ 0.00
------------------------------------------------------------------------
(7) All building energy usage, including estimated receptacle and
plug loads, must be included in the calculation in Table 3 of this
section.
(f)(1) Upon petition by an agency subject to this section, the
Secretary may adjust the applicable numeric requirement in paragraph
(e) of this section with respect to a specific building if:
(i) The head of the agency designing the building certifies in
writing that meeting such requirement would be technically
impracticable in light of the agency's specified functional needs for
that building;
(ii) The head of the agency designing the building demonstrates
that the requested adjustment is the largest feasible reduction in
fossil fuel-generated consumption that can reasonably be achieved; and
(iii) The Secretary concurs with the agency's conclusion.
(2) This adjustment shall not apply to the General Services
Administration.
6. Section 433.5 is revised to read as follows:
Sec. 433.5 Performance level determination.
(a) For new Federal commercial and multi-family high-rise
residential buildings whose design for construction began on or after
January 3, 2007, each Federal agency shall determine energy consumption
levels for both the baseline and proposed building by using the
Performance Rating Method found in Appendix G of ANSI/ASHRAE/IESNA
Standard 90.1-2004, (incorporated by reference; see Sec. 433.3),
except the formula for calculating the Performance Rating in paragraph
G1.2 shall read as follows:
Percentage improvement = 100 x (Baseline building consumption-Proposed
building consumption)/(Baseline building consumption-Receptacle and
process loads)
(b) Each Federal agency shall consider laboratory fume hoods and
kitchen ventilation systems as part of the ASHRAE-covered HVAC loads
subject to the 30 percent savings requirements in this section, rather
than as process loads.
(c) Subject to Sec. 433.4(d), each Federal agency shall calculate
the fossil fuel-generated energy consumption of a proposed design by
the following formula:
Proposed Design Fossil Fuel-Generated Energy Consumption = (Proposed
Design Electricity Consumption x Electricity Source Energy Factor x
Electricity Fossil Fuel-Generation Ratio) + Direct Fossil Fuel
Consumption of Proposed Design
(d) Subject to Sec. 433.4(d), if the fossil fuel-generated energy
consumption of the proposed design is equal to or less than the
applicable maximum allowable fossil fuel-generated energy consumption
value in Sec. 433.4(e), the proposed design complies with the fossil
fuel-generated consumption reduction requirement in Sec. 433.4. If the
fossil fuel-generated energy consumption of the proposed design is
greater than the applicable maximum allowable fossil fuel-generated
energy consumption value in Sec. 433.4(e), the proposed design does
not comply with the fossil fuel-generated energy consumption reduction
requirement in Sec. 433.4, and the agency must either modify the
design until the design complies with the requirement, or request and
receive approval from the Secretary for a downward adjustment of the
requirement.
PART 435--ENERGY EFFICIENCY AND FOSSIL FUEL-GENERATED ENERGY
CONSUMPTION REDUCTION DESIGN STANDARDS FOR NEW AND MAJOR
RENOVATIONS TO FEDERAL LOW-RISE RESIDENTIAL BUILDNGS
7. The authority citation for part 435 continues to read as
follows:
Authority: 42 U.S.C. 6831-6832; 6834-6836; 42 U.S.C. 8253-54; 42
U.S.C. 7101 et seq.
Subpart A--Mandatory Energy Efficiency and Fossil Fuel-Generated
Energy Consumption Reduction Design Standards for Federal Low-Rise
Residential Buildings
8. The headings for part 435 and subpart A are revised to read as
set forth above.
9. Section 435.1 is revised to read as follows:
Sec. 435.1 Purpose and scope.
This part establishes an energy efficiency performance and maximum
allowable fossil fuel-generated energy consumption standard for new
Federal low-rise residential buildings, for which design for
construction began on or after January 3, 2007 (except as otherwise
indicated: fossil fuel-generated energy requirements are applicable one
year after publication of the final rule, as required by section 305(a)
of the Energy Conservation and Production Act, as amended (42 U.S.C.
6834(a)). Additionally, this part establishes certain requirements
applicable to major renovations of Federal low-rise buildings, as
indicated. For renovated buildings, those requirements apply only to
the portions of the building or building systems that are being
renovated and to the extent that the scope of the renovation permits
compliance with the applicable requirements in this rule. Unaltered
portions of the building or building systems are not required to comply
with this rule.
10. Section 435.2 is amended by adding in alphabetical order new
definitions for ``Direct fossil fuel consumption,'' ``District Energy
System,'' ``Electricity fossil fuel-generation ratio,'' ``Electricity
source energy factor,'' ``Fossil fuel,'' ``Fossil fuel consumption for
electricity generation,'' ``Fossil fuel-generated energy consumption,''
and ``Primary electrical energy consumption'' to read as follows:
Sec. 435.2 Definitions.
* * * * *
Direct fossil fuel consumption means the total fossil fuel
consumption in a building excluding primary electrical energy
consumption. This includes any fossil fuel consumption resulting from a
district energy system used in a building.
District Energy System means a central energy conversion plant and
transmission and distribution system that provides thermal energy to a
group of buildings (heating via hot water or steam, and/or cooling via
chilled water). This definition includes only thermal energy systems;
central energy supply systems that provide only electricity are
excluded from this definition.
* * * * *
Electricity fossil fuel-generation ratio means the fraction of
national U.S. electricity generation from fossil fuel as provided by
the Energy Information Administration Electric Power report for the
appropriate year.
Electricity source energy factor is the ratio of primary electrical
energy consumed to generate and deliver energy to a site to the
electrical energy consumed on site. Electricity source energy factor
may be calculated by dividing the average utility delivery
[[Page 63418]]
ratio in Table 6.2.4 of the DOE Building Energy Data Book for the
appropriate year by 3412 to convert the value from Btu/kWh to kWh/kWh.
* * * * *
Fossil fuel means a fuel formed in the earth from plant or animal
remains. Fossil fuels include coal, oil, natural gas, kerosene, and
liquefied petroleum gas (LPG).
Fossil fuel consumption for electricity generation means the
primary electrical energy consumption in a building supplied from the
national power grid multiplied by the electricity fossil fuel-
generation ratio. Electricity generated completely from non-fossil fuel
sources or from a dedicated source not connected to the national power
grid is excluded from this definition.
Fossil fuel-generated energy consumption means the sum of direct
fossil fuel consumption plus fossil fuel consumption for electricity
generation.
* * * * *
Primary electrical energy consumption means the total amount of
energy used to generate and deliver electrical energy to a building
from the national power grid.
* * * * *
11. Section 435.4 is amended by adding new paragraphs (d), (e), and
(f) to read as follows:
Sec. 435.4 Energy efficiency performance standard.
* * * * *
(d) All Federal agencies shall design new Federal low-rise
residential buildings and major renovations to Federal low-rise
residential buildings, for which design for construction began at least
one year after publication of the final rule, to meet the requirements
of paragraph (e) of this section if:
(1) The subject building is a public building as defined in 40
U.S.C. 3301 and for which transmittal of a prospectus to Congress is
required under 40 U.S.C. 3307; or
(2) The cost of the building or major renovation is at least
$2,500,000 (in 2007 dollars, adjusted for inflation).
(e)(1) All Federal agencies shall design new Federal low-rise
residential buildings or major renovations of Federal low-rise
residential buildings for which design for renovation began at least
one year after publication of the final rule and that are classified in
paragraph (d) of this section, to meet fossil fuel-generated energy
consumption values equal to or lesser than the values shown in Table 1.
The maximum allowable fossil fuel-generated energy consumption values
in Table 1 area function of housing type and fiscal year for which
design for construction began.
(2) For the purpose of this paragraph (e), the following
definitions apply:
(i) Manufactured home means a housing unit built to the Federal
Manufactured Home Construction and Safety Standards in 24 CFR part
3280, that is built on a permanent chassis and moved to a site. It may
be placed on a permanent or temporary foundation and may contain one or
more rooms.
(ii) Multi-family in 2-4 unit buildings means a unit in a building
with two to four housing units--a structure that is divided into living
quarters for two, three, or four families or households in which one
household lives above or beside another. This category also includes
houses originally intended for occupancy by one family (or for some
other use) that have since been converted to separate dwellings for two
to four families. This includes modular homes but does not include
manufactured homes.
(iii) Multi-family in 5 or more unit buildings means a unit in a
building with five or more housing units--a structure that contains
living quarters for five or more households or families and in which
one household lives above or beside another. This includes modular
homes but does not include manufactured homes.
(iv) Single-family attached means a housing unit connected to
another housing unit, generally with a shared wall, that provides
living space for one household or family. Attached houses are
considered single-family houses as long as they are not divided into
more than one housing unit and they have an independent outside
entrance. A single-family house is contained within walls extending
from the basement (or the ground floor, if there is no basement) to the
roof. Townhouses, rowhouses, and duplexes are considered single-family
attached housing units, as long as there is no household living above
another one within the walls extending from the basement to the roof to
separate the units. This includes modular homes but does not include
manufactured homes.
(v) Single-family detached means a separate, unconnected housing
unit, not sharing a wall with any other building or housing unit, that
provides living space for one household or family. A single-family
house is contained within walls extending from the basement (or the
ground floor, if there is no basement) to the roof. This includes
modular homes but does not include manufactured homes.
Table 1--Maximum Allowable Fossil Fuel-Generated Energy Consumption by Building Type, Low-Rise Residential
Buildings, kBtu/ft\2\
----------------------------------------------------------------------------------------------------------------
kBtu/ft\2\ by Fiscal year for which design for construction began
-------------------------------------------------------------------------------
Building type FY2030 and
FY 2012-2014 FY 2015-2019 FY 2020-2024 FY 2025-2029 beyond
----------------------------------------------------------------------------------------------------------------
Single-Family Detached.......... 27 21 12 6 0
Single-Family Attached.......... 30 23 13 7 0
Multi-Family in 2-4 Unit 47 37 21 11 0
Buildings......................
Multi-Family in 5 or More Unit 42 33 19 9 0
Buildings......................
Manufactured Homes.............. 52 40 23 12 0
----------------------------------------------------------------------------------------------------------------
(3) For Federal buildings that do not fit into any of the building
type categories listed in Table 1 of Sec. 435.4, a baseline fossil
fuel-generated energy consumption shall be calculated using the
Simulated Performance Alternative outlined in Sec. 435.5. The maximum
allowable fossil fuel-generated energy consumption for the proposed
design shall be calculated by using the following formula:
Maximum Allowable Fossil Fuel-Generated Energy Consumption = ((Baseline
Design Electricity Consumption x Electricity Source Energy Factor x
Electricity Fossil Fuel-Generation Ratio) + Baseline Design Direct
Fossil Fuel Consumption) x Fossil Fuel Reduction Multiplier
(4) The fossil fuel reduction multiplier in the formula above shall
be taken from Table 2.
[[Page 63419]]
Table 2--Fossil Fuel Reduction Multiplier by Fiscal Year for which
Design for Construction Began
------------------------------------------------------------------------
Reduction
Fiscal year multiplier
------------------------------------------------------------------------
2012-2014.................................................. 0.45
2015-2019.................................................. 0.35
2020-2024.................................................. 0.20
2025-2029.................................................. 0.10
2030 and beyond............................................ 0.00
------------------------------------------------------------------------
(5) All building energy usage, including estimated receptacle and
plug loads, must be included in the calculation in Table 2 of this
section.
(f)(1) Upon petition by an agency subject to this section, the
Secretary may adjust the applicable numeric requirement in paragraph
(e) of this section with respect to a specific building, if:
(i) The head of the agency designing the building certifies in
writing that meeting such requirement would be technically
impracticable in light of the agency's specified functional needs for
that building;
(ii) The head of the agency designing the building demonstrates
that the requested adjustment is the largest feasible reduction in
fossil fuel-generated consumption that can reasonably be achieved; and
(iii) The Secretary concurs with the agency's conclusion.
(2) This adjustment shall not apply to the General Services
Administration.
12. Section 435.5 is revised to read as follows:
Sec. 435.5 Performance level determination.
(a) For new Federal low-rise residential buildings whose design for
construction started on or after January 3, 2007, each Federal agency
shall determine energy consumption levels for both the baseline
building and proposed building by using the Simulated Performance
Alternative found in section 404 of the ICC International Energy
Conservation Code, 2004 Supplement Edition, January 2005 (incorporated
by reference; see Sec. 435.3).
(b) Subject to Sec. 435.4(d), each Federal agency shall calculate
the fossil fuel-generated energy consumption of a proposed design by
the following formula:
Proposed Design Fossil Fuel-Generated Energy Consumption = (Proposed
Design Electricity Consumption x Electricity Source Energy Factor x
Electricity Fossil Fuel-Generation Ratio) + Direct Fossil Fuel
Consumption of Proposed Design
(c) Subject to Sec. 435.4(d), if the fossil fuel-generated energy
consumption of the proposed design is equal to or less than the
applicable maximum allowable fossil fuel-generated energy consumption
value in Sec. 435.4(e), the proposed design complies with the fossil
fuel-generated energy consumption reduction requirement in Sec. 435.4.
If the fossil fuel-generated energy consumption of the proposed design
is greater than the applicable maximum allowable fossil fuel-generated
energy consumption value in Sec. 435.4(e), the building does not
comply with the fossil fuel-generated energy consumption reduction
requirement in Sec. 435.4, and the agency must either modify the
design until the design complies with the requirement, or request and
receive approval from the Secretary for a downward adjustment of the
requirement.
[FR Doc. 2010-25852 Filed 10-14-10; 8:45 am]
BILLING CODE 6450-01-P