[Code of Federal Regulations]
[Title 10, Volume 3]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR440.21]

[Page 457-459]
 
                            TITLE 10--ENERGY
 
                    CHAPTER II--DEPARTMENT OF ENERGY
 
PART 440_WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS--Table of Contents
 
Sec. 440.21  Weatherization materials standards and energy audit 
procedures.

    (a) Paragraph (b) of this section describes the required standards 
for weatherization materials. Paragraphs (c) and (d) of this section 
describe the cost-effectiveness tests that weatherization materials must 
pass before they

[[Page 458]]

may be installed in an eligible dwelling unit. Paragraph (e) of this 
section lists the other energy audit requirements that do not pertain to 
cost-effectiveness tests of weatherization materials. Paragraphs (f) and 
(g) of this section describe the use of priority lists and presumptively 
cost-effective general heat waste reduction materials as part of a 
State's energy audit procedures. Paragraph (h) of this section explains 
that a State's energy audit procedures and priority lists must be re-
approved by DOE every 5 years.
    (b) Only weatherization materials which are listed in Appendix A to 
this part and which meet or exceed standards prescribed in Appendix A to 
this part may be purchased with funds provided under this part. However, 
DOE may approve an unlisted material upon application from any State.
    (c) Except for materials to eliminate health and safety hazards 
allowable under Sec. 440.18(c)(15), each individual weatherization 
material and package of weatherization materials installed in an 
eligible dwelling unit must be cost-effective. These materials must 
result in energy cost savings over the lifetime of the measure(s), 
discounted to present value, that equal or exceed the cost of materials, 
installation, and on-site supervisory personnel as defined by the 
Department. States have the option of requiring additional related costs 
to be included in the determination of cost-effectiveness. The cost of 
incidental repairs must be included in the cost of the package of 
measures installed in a dwelling.
    (d) The energy audit procedures must assign priorities among 
individual weatherization materials in descending order of their cost-
effectiveness according to paragraph (c) of this section after:
    (1) Adjusting for interaction between architectural and mechanical 
weatherization materials by using generally accepted engineering methods 
to decrease the estimated fuel cost savings for a lower priority 
weatherization material in light of fuel cost savings for a related 
higher priority weatherization material; and
    (2) Eliminating any weatherization materials that are no longer 
cost-effective, as adjusted under paragraph (d)(1) of this section.
    (e) The energy audit procedures also must--
    (1) Compute the cost of fuel saved per year by taking into account 
the climatic data of the area where the dwelling unit is located, where 
the base temperature that determines the number of heating or cooling 
degree days (if used) reasonably approximates conditions when operation 
of heating and cooling equipment is required to maintain comfort, and 
must otherwise use reasonable energy estimating methods and assumptions;
    (2) Determine existing energy use and energy requirements of the 
dwelling unit from actual energy bills or by generally accepted 
engineering calculations;
    (3) Address significant heating and cooling needs;
    (4) Make provision for the use of advanced diagnostic and assessment 
techniques which DOE has determined are consistent with sound 
engineering practices;
    (5) Identify health and safety hazards to be abated with DOE funds 
in compliance with the State's DOE-approved health and safety procedures 
under Sec. 440.16(h);
    (6) Treat the dwelling unit as a whole system by examining its 
heating and cooling system, its air exchange system, and its occupants' 
living habits and needs, and making necessary adjustments to the 
priority of weatherization materials with adequate documentation of the 
reasons for such an adjustment; and
    (7) Be specifically approved by DOE for use on each major dwelling 
type that represents a significant portion of the State's weatherization 
program in light of the varying energy audit requirements of different 
dwelling types including single-family dwellings, multi-family 
buildings, and mobile homes.
    (f) For similar dwelling units without unusual energy-consuming 
characteristics, energy audits may be accomplished by using a priority 
list developed by conducting, in compliance with paragraphs (b) through 
(e) of this section, site-specific energy audits of a representative 
subset of these dwelling

[[Page 459]]

units. For DOE approval, States must describe how the priority list was 
developed, how the subset of similar homes was determined, and 
circumstances that will require site-specific audits rather than the use 
of the priority lists. States also must provide the input data and list 
of weatherization measures recommended by the energy audit software or 
manual methods for several dwelling units from the subset of similar 
units.
    (g) States may use, as a part of an energy audit, general heat waste 
reduction weatherization materials that DOE has determined to be 
generally cost-effective. States may request approval to use general 
heat waste materials not listed in DOE policy guidance by providing 
documentation of their cost-effectiveness and a description of the 
circumstances under which such materials will be used.
    (h) States must resubmit their energy audit procedures (and priority 
lists, if applicable, under certain conditions) to DOE for approval 
every five years. States must also resubmit to DOE, for approval every 
five years, their list of general heat waste materials in addition to 
those approved by DOE in policy guidance, if applicable. Policy guidance 
will describe the information States must submit to DOE and the 
circumstances that reduce or increase documentation requirements.

[65 FR 77218, Dec. 8, 2000]