[Federal Register Volume 75, Number 56 (Wednesday, March 24, 2010)]
[Proposed Rules]
[Pages 14319-14322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6373]
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DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2007-BT-STD-0016]
RIN 1904-AB50
Energy Conservation Standards for Fluorescent Lamp Ballasts:
Public Meeting and Availability of the Preliminary Technical Support
Document
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of public meeting and availability of preliminary
technical support document.
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SUMMARY: The U.S. Department of Energy (DOE) will hold a public meeting
to discuss and receive comments on: the product classes that DOE plans
to analyze for purposes of establishing energy conservation standards
for fluorescent lamp ballasts; the analytical framework, models, and
tools that DOE is using to evaluate standards for these products; the
results of preliminary analyses DOE performed for these products; and
potential energy conservation standard levels derived from these
analyses that DOE could consider for these products. DOE encourages
written comments on these subjects. To inform interested parties and
facilitate this process, DOE has prepared an agenda, a preliminary
technical support document (TSD), and briefing materials, which are
available at http://www1.eere.energy.gov/buildings/appliance_standards/residential/fluorescent_lamp_ballasts.html.
DATES: DOE will hold a public meeting on Monday, April 26, 2010,
beginning at 9 a.m. in Washington, DC. The agenda for the public
meeting will first cover the concurrent test procedure rulemaking for
fluorescent lamp ballasts (see proposal in today's Federal Register),
and then this energy conservation standards rulemaking for the same
products. Any person requesting to speak at the public meeting should
submit such a request, along with an electronic copy of the statement
to be given at the public meeting, before 4 p.m., Monday, April 12,
2010. Written comments are welcome, especially following the public
meeting, and should be submitted by May 10, 2010.
ADDRESSES: The public meeting will be held at the U.S. Department of
Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121. Please note that foreign nationals
participating in the public meeting are subject to advance security
screening procedures. If a foreign national wishes to participate in
the public meeting, please inform DOE of this fact as soon as possible
by contacting Ms. Brenda Edwards at (202) 586-2945 so that the
necessary procedures can be completed. Interested persons may submit
comments, identified by docket number EERE-2007-BT-STD-0016, 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-2007-
BT-STD-0016 and/or RIN 1904-AB50 in the subject line of the message.
Postal Mail: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Program, Mailstop EE-2J, Public Meeting
for Fluorescent Lamp Ballasts, EERE-2007-BT-STD-0016, 1000 Independence
Avenue, SW., Washington, DC 20585-0121. Telephone (202) 586-2945.
Please submit one signed paper original.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, Sixth Floor, 950 L'Enfant
Plaza, SW., Washington, DC 20024. Telephone (202) 586-2945. Please
submit one signed paper original.
Instructions: All submissions received must include the agency name
and docket number.
Docket: For access to the docket to read background documents or a
copy of the transcript of the public meeting or comments received, go
to the U.S. Department of Energy, Sixth Floor, 950 L'Enfant Plaza, SW.,
Washington, DC 20024, (202) 586-2945, between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays. Please call Ms. Brenda Edwards
at (202) 586-2945 for additional information regarding visiting the
Resource Room.
[[Page 14320]]
FOR FURTHER INFORMATION CONTACT: Direct requests for additional
information to Ms. Linda Graves, U.S. Department of Energy, Office of
Energy Efficiency and Renewable Energy, Building Technologies, EE-2J,
1000 Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-
8654. E-mail: [email protected]. In the Office of General
Counsel, contact Ms. Francine Pinto or Ms. Elizabeth Kohl, U.S.
Department of Energy, Office of General Counsel, GC-71, 1000
Independence Avenue, SW., Washington, DC 20585, (202) 586-7432. E-mail:
[email protected]; [email protected].
SUPPLEMENTARY INFORMATION:
I. Statutory Authority
II. History of Standards Rulemaking for Fluorescent Lamp Ballasts
A. Background
B. Current Rulemaking Process
III. Summary of the Analyses
A. Engineering Analysis
B. Energy Use Characterization
C. Markups To Determine Installed Price
D. Life-Cycle Cost and Payback Period Analyses
E. National Impact Analysis
I. Statutory Authority
The Energy Policy and Conservation Act (EPCA) of 1975, Public Law
94-163 (42 U.S.C. 6291-6309), established an energy conservation
program for major household appliances. Amendments to EPCA in the
National Appliance Energy Conservation Amendments of 1988 (NAECA 1988),
Public Law 100-357, established energy conservation standards for
fluorescent lamp ballasts. These amendments also required that DOE (1)
conduct two rulemaking cycles to determine whether these standards
should be amended; and (2) for each rulemaking cycle, determine whether
the standards in effect for fluorescent lamp ballasts should be amended
to apply to additional fluorescent lamp ballasts. (42 U.S.C.
6295(g)(7)(A)-(B)). On September 19, 2000, DOE published a final rule
in the Federal Register, which completed the first rulemaking cycle to
amend energy conservation standards for fluorescent lamp ballasts. 65
FR 56740, 56740-56749 (September 19, 2000). This rulemaking encompasses
DOE's second cycle of review to determine whether the standards in
effect for fluorescent lamp ballasts should be amended and whether the
standards should be applicable to additional fluorescent lamp ballasts.
DOE must design each standard for these products to (1) achieve the
maximum improvement in energy efficiency that is technologically
feasible and economically justified, and (2) result in significant
conservation of energy. (42 U.S.C. 6295(o)(2)(A) and (o)(3)) To
determine whether a proposed standard is economically justified, DOE
must determine whether the benefits of the standard exceed its burdens
to the greatest extent practicable, weighing the following seven
factors:
1. The economic impact of the standard on manufacturers and
consumers of products subject to the standard;
2. The savings in operating costs throughout the estimated average
life of the covered products in the type (or class) compared to any
increase in the price, initial charges, or maintenance expenses for the
covered products which are likely to result from the imposition of the
standard;
3. The total projected amount of energy savings likely to result
directly from the imposition of the standard;
4. Any lessening of the utility or the performance of the covered
products likely to result from the imposition of the standard;
5. The impact of any lessening of competition, as determined in
writing by the Attorney General, that is likely to result from the
imposition of the standard;
6. The need for national energy conservation; and
7. Other factors the Secretary [of Energy] considers relevant.
(42 U.S.C. 6295(o)(2)(B)(i))
Before proposing a standard, DOE typically seeks public input on
the analytical framework, models, and tools that will be used to
evaluate standards; the results of preliminary analyses; and potential
energy conservation standard levels derived from these analyses. DOE is
publishing this document to announce the availability of the
preliminary technical support document (TSD), which details the
preliminary analyses, discusses the comments on the framework document,
and summarizes the preliminary results. In addition, DOE is announcing
a public meeting to solicit feedback from interested parties on its
analytical framework, models, and preliminary results.
II. History of Standards Rulemaking for Fluorescent Lamp Ballasts
A. Background
As mentioned above, NAECA 1988 amended EPCA to establish energy
conservation standards for fluorescent lamp ballasts and require that
DOE (1) conduct two rulemaking cycles to determine whether these
standards should be amended; and (2) for each rulemaking cycle,
determine whether the standards in effect for fluorescent lamp ballasts
should be amended so that they would be applicable to additional
fluorescent lamp ballasts. (42 U.S.C. 6295(g)(7)(A)-(B)) On September
19, 2000, DOE published a final rule in the Federal Register, which
completed the first of the two rulemaking cycles to evaluate and amend
the energy conservation standards for fluorescent lamp ballasts
(hereafter ``the 2000 Ballast Rule''). 65 FR 56740 (September 19,
2000). This rulemaking established a consensus standard representing an
agreement between the fluorescent lamp ballast industry and energy
efficiency advocacy organizations. A table of the standards DOE
codified can be found in appendix 3A of the preliminary TSD and in 10
CFR 430.32(m)(3).
Congress promulgated new energy conservation standards for certain
fluorescent lamp ballasts under the Energy Policy Act of 2005 (EPACT
2005), Public Law 109-58. (EPACT section 135(c)(2); codified at 42
U.S.C. 6295(g)(8)(A)) On October 18, 2005, DOE published a final rule
in the Federal Register codifying those new fluorescent lamp ballast
standards into the Code of Federal Regulations at 10 CFR 430.32(m). 70
FR 60407. These standards established ballast efficacy requirements for
``energy saver'' versions of full-wattage ballasts, such as the F34T12
ballast.
On December 19, 2007, the President signed the Energy Independence
and Security Act of 2007 (EISA 2007; Pub. L. 110-140). EISA 2007 did
not amend standards for fluorescent lamp ballasts, but instead directed
DOE to amend its test procedure for fluorescent lamp ballasts to
incorporate a measure of standby mode and off mode energy consumption.
(42 U.S.C. 6295(gg)(2)) DOE published a notice of proposed rulemaking
(NOPR) for the standby and off mode test procedure on January 21, 2009.
74 FR 3450. In addition, DOE is directed to incorporate standby mode
and off mode energy use in any amended (or new) standard adopted after
July 1, 2010. (42 USC 6295(gg)(3)) Because this energy conservation
standards rulemaking for fluorescent lamp ballasts will be completed in
2011, the requirement to incorporate standby mode energy use into the
energy conservation standards analysis is applicable.
This rulemaking encompasses DOE's second cycle of review to
determine whether the standards in effect for fluorescent lamp ballasts
should be amended and whether the standards should be made applicable
to additional fluorescent lamp ballasts. This rulemaking also addresses
42 U.S.C. 6295(gg)(3), in which DOE is directed to incorporate standby
mode and off mode
[[Page 14321]]
energy use in any amended (or new) standard adopted after July 1, 2010.
Under the consolidated Consent Decree in New York v. Bodman, No. 05
Civ. 7807 (S.D.N.Y. filed Sept. 7, 2005) and Natural Resources Defense
Council v. Bodman, No. 05 Civ. 7808 (S.D.N.Y. filed Sept. 7, 2005) the
U.S. Department of Energy is required to publish a final rule amending
energy conservation standards for fluorescent lamp ballasts no later
than June 30, 2011.
B. Current Rulemaking Process
On January 22, 2008, DOE published a notice announcing the
availability of the framework document, ``Energy Conservation Standards
Rulemaking Framework Document for Fluorescent Lamp Ballasts,'' and a
public meeting to discuss the proposed analytical framework for the
rulemaking. 73 FR 3653. DOE also posted the framework document on its
website describing the procedural and analytical approaches DOE
anticipated using to evaluate the establishment of energy conservation
standards for fluorescent lamp ballasts. This document is available at
http://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/ballast_framework_011408.pdf.
DOE held a public meeting on February 6, 2008, to describe the
various rulemaking analyses DOE would conduct, such as the engineering
analysis, the life-cycle cost (LCC) and payback period (PBP) analyses,
and the national impact analysis (NIA); the methods for conducting
them; and the relationship among the various analyses. Manufacturers,
trade associations, and environmental advocates attended the meeting.
The participants discussed multiple issues, including the scope of
covered fluorescent lamp ballasts, definitions, test procedures, the
ballast efficiency metric, DOE's engineering analysis, life-cycle
costs, efficiency levels, and energy savings.
Comments received since publication of the framework document have
helped DOE identify and resolve issues involved in the preliminary
analyses. Chapter 2 of the preliminary TSD summarizes and addresses the
comments DOE received.
III. Summary of the Analyses
DOE conducted in-depth technical analyses in the following areas
for the fluorescent lamp ballasts currently under consideration: (1)
Engineering, (2) energy-use characterization, (3) markups to determine
product price, (4) LCC and PBP, and (5) national impact. The
preliminary TSD presents the methodology and results of each analysis.
The analyses are described in more detail below.
DOE conducted several other analyses that either support the five
major analyses or are preliminary analyses that will be expanded in the
NOPR. These include the market and technology assessment; the screening
analysis, which contributes to the engineering analysis; and the
shipments analysis, which contributes to the NIA. DOE has begun some
preliminary work on the manufacturer impact analysis and identified the
methods to be used for the LCC subgroup analysis, the environmental
assessment, the employment analysis, the regulatory impact analysis,
and the utility impact analysis. DOE will expand on these in the NOPR.
A. Engineering Analysis
The engineering analysis establishes the relationship between the
manufacturer selling price and the efficiency of the product. This
relationship serves as the basis for cost-benefit calculations for
individual consumers, manufacturers, and the nation. The engineering
analysis identifies representative baseline models, which is the
starting point for analyzing technologies that provide energy
efficiency improvements. A baseline model refers to a model or models
having features and technologies typically found in products currently
offered for sale. The baseline model in each equipment class represents
the characteristics of certain fluorescent lamp ballasts in that class
and, for ballasts already subject to energy conservation standards,
usually is a model that just meets the current standard. Chapter 5 of
the preliminary TSD discusses the engineering analysis.
B. Energy Use Characterization
The energy use characterization provides estimates of annual energy
consumption for fluorescent lamp ballasts, which DOE uses in the LCC
and PBP analyses and the NIA. DOE developed energy consumption
estimates for all of the product classes analyzed in the engineering
analysis as the basis for its energy use estimates. Chapters 2 and 6 of
the preliminary TSD provide detail on the energy use characterization.
C. Markups to Determine Installed Price
DOE derives the installed prices for products based on manufacturer
markups, retailer markups, distributor markups, contractor markups,
builder markups, and sales taxes. In deriving these markups, DOE has
determined the distribution channels for product sales, the markup
associated with each party in the distribution channels, and the
existence and magnitude of differences between markups for baseline
products (baseline markups) and for more-efficient products
(incremental markups). DOE calculates both overall baseline and overall
incremental markups based on the product markups at each step in the
distribution channel. The overall incremental markup relates the change
in the manufacturer sales price of higher-efficiency models (the
incremental cost increase) to the change in the retailer or distributor
sales price. Chapters 2 and 7 of the preliminary TSD provide detail on
the estimation of markups.
D. Life-Cycle Cost and Payback Period Analyses
The LCC and PBP analyses determine the economic impact of potential
standards on individual consumers. The LCC is the total consumer
expense for a product over the life of the product. The LCC analysis
compares the LCCs of products designed to meet possible energy
conservation standards with the LCCs of the products likely to be
installed in the absence of standards. DOE determines LCCs by
considering (1) total installed cost to the purchaser (which consists
of manufacturer selling price, sales taxes, distribution chain markups,
and installation cost); (2) the operating expenses of the products
(energy use and maintenance); (3) product lifetime; and (4) a discount
rate that reflects the real consumer cost of capital and puts the LCC
in present-value terms. The PBP represents the number of years needed
to recover the increase in purchase price (including installation cost)
of more efficient products through savings in the operating cost of the
product. PBP is equal to the change in total installed cost due to
increased efficiency divided by the change in annual operating cost
from increased efficiency. Chapters 2 and 8 of the preliminary TSD
provide detail on the LCC and PBP analyses.
E. National Impact Analysis
The NIA estimates the NES and the NPV of total consumer costs and
savings expected to result from new standards at specific efficiency
levels (referred to as candidate standard levels). DOE calculated NES
and NPV for each level for each candidate standard for fluorescent lamp
ballasts as the difference between a base-case forecast (without new
standards) and the standards-case forecast (with standards). DOE
determined national annual energy consumption by multiplying the number
of units in use (by vintage) by
[[Page 14322]]
the average unit energy consumption (also by vintage). Cumulative
energy savings are the sum of the annual NES determined over a
specified time period. The national NPV is the sum over time of the
discounted net savings each year, which consists of the difference
between total operating cost savings and increases in total installed
costs. Critical inputs to this analysis include shipments projections,
retirement rates (based on estimated product lifetimes), and estimates
of changes in shipments and retirement rates in response to changes in
product costs due to standards. Chapters 2 and 10 of the preliminary
TSD provide detail on the NIA.
DOE consulted with interested parties on all of the analyses and
invites further input on these topics. The preliminary analytical
results are subject to revision following review and input from the
public. A revised TSD will be made available upon issuance of a NOPR.
The final rule will contain the final analysis results and be
accompanied by a final rule TSD.
DOE encourages those who wish to participate in the public meeting
to obtain the preliminary TSD and be prepared to discuss its contents.
However, public meeting participants need not limit their comments to
the topics identified in the preliminary TSD. DOE is also interested in
receiving information on other relevant issues that participants
believe would affect energy conservation standards for these products
or that DOE should address in the NOPR.
DOE welcomes all interested parties, regardless of whether they
participate in the public meeting, to submit comments and information
in writing by May 10, 2010.
The public meeting will be conducted in an informal, conference
style. A court reporter will be present to record the minutes of the
meeting. There shall be no discussion of proprietary information, costs
or prices, market shares, or other commercial matters regulated by
United States antitrust laws.
After considering all comments and additional information it
receives from interested parties or through further analyses, DOE will
prepare and publish in the Federal Register a NOPR. The NOPR will
include proposed energy conservation standards for the products covered
by the rulemaking. Members of the public will have an opportunity to
submit written and oral comments on the proposed standards.
Issued in Washington, DC, on February 22, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2010-6373 Filed 3-23-10; 8:45 am]
BILLING CODE 6450-01-P