[Code of Federal Regulations]
[Title 10, Volume 3]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR436.108]
[Page 547-554]
TITLE 10--ENERGY
CHAPTER II--DEPARTMENT OF ENERGY
PART 436_FEDERAL ENERGY MANAGEMENT AND PLANNING PROGRAMS--Table of
Subpart F_Guidelines for General Operations Plans
Sec. 436.108 Waivers.
(a) Any Federal agency may submit a written request to the Under
Secretary for a waiver from the procedures and requirements of this
subpart. The request for a waiver must identify the specific
requirements and procedures of this subpart from which a waiver is
sought and provide a detailed explanation, including appropriate
information or documentation, as to why a waiver should be granted.
(b) A request for a waiver under this section must be submitted at
least 60 days prior to the due date for the required submission.
(c) A written response to a request for a waiver will be issued by
the Under Secretary no later than 30 days from receipt of the request.
Such a response will either (1) grant the request with any conditions
determined to be necessary to further the purposes of this subpart, (2)
deny the request based on a determination that the reasons given in the
request for a waiver do not establish a need that takes precedence over
the futherance of the purposes of this subpart, or (3) deny the request
based on the failure to submit adequate information upon which to grant
a waiver.
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(d) A requested waiver may be submitted by the Under Secretary to
the ``656'' Committee for its review and recommendation. The agency
official that submitted the request may attend any scheduled meeting of
the ``656'' Committee at which the request is planned to be discussed.
The determination to approve or disapprove a request for a waiver shall
be made by the Under Secretary.
(e) Status of the requests for a waiver, the Under Secretary's
decisions, and ``656'' Committee recommendations, will be published, as
appropriate, in the DOE annual report to the President, entitled
``Energy Management in the Federal Government.''
Appendix A to Part 436--Energy Conservation Standards for General
Operations [Reserved]
Appendix B to Part 436--Goal Setting Methodology
In establishing and updating agency goals for energy conservation,
the following methodology or an equivalent method should be utilized:
(a) For overall energy consumption--
(1) An analysis shall be made to determine what factors have the
most significant impact upon the amount of each fuel type used by the
agency in performing functions in support of its overall mission.
Consideration is to be given, but not limited to, the following factors:
Number of people using energy; number of vehicles using gasoline;
amounts of other equipment using energy; tempo of operations (one, two,
or three shifts); the type of operations (degree of equipment or labor
intensity); equipment fuel limitations; environmental conditions
(tropical versus arctic, etc.); budget levels for fuel, operations,
maintenance, and equipment acquisition; and phase-out schedule (of older
equipment or plants which may be inefficient). After identifying these
factors, a further analysis shall be made to identify any projected
workload changes in the quality or quantity of these factors on a yearly
basis up to 1990.
(2) Based upon the analysis in (a)(1) and an evaluation of available
information on past energy usage, a baseline of energy use by fuel type
by functional category shall be established beginning with FY 1975. In
addition to ``General Transportation,'' other functional categories
should be selected to enhance energy management. Total fuel use for a
particular activity may be allocated to the functional category for
which the preponderance of fuel is used. Figure B-1 is an example of one
such baseline.
[GRAPHIC] [TIFF OMITTED] TC04OC91.241
This example shows an increase in energy use, for a specific fuel
type, during the period 1975-1981, with a further increase from 1981 to
1984 and a leveling off and no growth from 1984-1990. A justification,
based on factors as discussed above, shall accompany each baseline.
(3) Thereafter, analyses should be made of the measures available
for reducing the energy consumption profiles without adverse impact on
mission accomplishment. Finding
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viable opportunities for reducing energy use, increasing energy
efficiency and switching energy sources, will require consultation with
specialists in the fields of operations, maintenance, engineering,
design, and economics, and consideration of the measures identified in
Appendix C. The DOE Federal Energy Management Programs Office can, upon
request, provide information on where such resources can be located.
Once these measures are identified, they are to be incorporated into a
time-phased investment program, (using where appropriate, the life cycle
costing factors and methodology in subpart A of this part). If
investment and other costs for implementing a measure are insignificant,
a Federal agency may presume that a measure is cost-effective without
further analysis. An estimate must then be made as to the lead time
required to implement the program and realize energy reductions.
Figure B-2 shows a summarized investment program, which should be
accompanied by a detailed description of the measures, projects, and
programs making up the total planned investments for each year. This
summary need not be by function or fuel type.
[GRAPHIC] [TIFF OMITTED] TC04OC91.242
These analyses should enable the agency to project an energy
consumption goal, with the assumption that funds for executing the
planned projects will be approved. Figure B-3 shows a new energy use
profile, with planned initiatives and related investments taken into
consideration, and the resulting goal entitled ``Energy Use With A
Plan'' superimposed on Figure B-1. Included are the anticipated effects
on consumption cause by improvements in energy efficiency and fuel
switching.
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[GRAPHIC] [TIFF OMITTED] TC04OC91.243
A comparison of these projections will show the energy use avoidance
resulting from the investment program as depicted in Figure B-2. Using
the prices of fuel contained in Appendix C to Subpart A, the dollars
saved can be projected against the dollars invested. Life cycle costing
methodology pursuant to subpart A, will be used to determine priorities
for submitting individual initiatives into the appropriate budget year.
(b) For energy efficiencies--Energy efficiency baselines and goals
for each fuel type shall be calculated using the same consumption
factors and similar methodology to that outlined in paragraph (a).
Energy consumption by fuel type shall be linked to mission through the
functional categories listed in Sec. 436.106(a)(2). This will identify
a rate which will indicate energy efficiency trends. This linkage may be
accomplished through the following algorithm:
Step 1: Determine functional categories from section 436.106(a)(2)
which best describe the Agency overall mission.
Step 2: Determine types of fuels used to support the functions
selected in Step 1.
Step 3: Determine quantities of fuel consumed or planned for
consumption over a specific period of time.
Step 4: Determine quantity of output of function for same period of
time used in Step 3. Quantify output in a standard measure which best
describes functional category.
Step 5: Determine the energy efficiency ratio by dividing quantity
from Step 4 by quantity from Step 3.
This ratio of fuel consumed to a unit measure of output will be used
to develop a projection of a baseline and goals through 1990, and used
in reporting variance. Examples of ratios that should be considered are:
Production or industrial process type operations
Ton of product
Cu. ft. of natural gas
Services, such as postal delivery
Customers served or
pounds delivered
Gallons of automotive
gasoline
General transportation
Passenger miles
Gallons of automotive gasoline
Training
Persons trained
or in training
Gallons of navy special
Agencies shall select one or more of these ratios, which shall be
used throughout the planning period, or use more appropriate energy
efficiency ratios, to describe their overall functions. Figure B-4
illustrates the planning baseline and goal resulting from this type of
analysis.
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[GRAPHIC] [TIFF OMITTED] TC04OC91.244
(c) For fuel switching--Fuel switching goals for gasoline other oil-
based fuel and natural gas may be calculated as follows:
Step 1: For each fiscal year, identify investments, where
appropriate, in fuel switching
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from gasoline, other oil-based fuel and natural gas to alternate
renewable or nonrenewable fuel sources.
Step 2: Project for each fiscal year, the avoidance in the use of
gasoline, other oil-based fuel and natural gas resulting from previous
fuel switching investments.
Completion of these steps will permit the formulation of charts such
as that shown in Figure B-5.
[GRAPHIC] [TIFF OMITTED] TC04OC91.245
Appendix C to Part 436--General Operations Energy Conservation Measures
(a) The following individual measures or set of measures must be
considered for inclusion in each agency 10-year energy management plan:
(1) Federal Employee Ridesharing Programs--Includes the use of
vanpooling and carpooling and complies with existing orders and
regulations governing parking for vanpools and carpools.
(2) Fleet Profile Change--Includes energy considerations in
equipment selection and assignment.
(3) Fleet Mileage Efficiency--Includes agency plans to implement
existing orders, goals, and laws related to vehicle fuel economy.
(4) Driver Training--Includes development of appropriate programs
for training operators of U.S. Government vehicles in energy
conservation.
(5) Maintenance Procedures Improvement--Includes activities to
insure proper vehicle maintenance to optimize energy conservation.
(6) Operating Procedures Improvement--Includes use of cooperative
passenger shuttle and courier services on an interagency or other basis
within each metropolitan area.
(7) Mass Transit--Includes employee use of existing services for
business-related activities and commuting.
(8) Public Education to Promote Vanpooling and Carpooling--Includes
activities to support the EPCA requirement to establish ``responsible
public education programs to promote vanpooling and carpooling
arrangements'' through their employee awareness programs.
(9) Elimination of Free or Subsidized Employee Parking--Includes
elimination of free or subsidized employee parking on Federal
installations in accordance with OMB Cir. A-118, August 13, 1979.
(10) Two-Wheeled Vehicle Programs--Includes activities to encourage
the substitution of bicycles, mopeds, etc. for automobiles for commuting
and operational purposes. These may include the establishment of
weather-protected secure storage facilities, shower and locker
facilities, and restricted routes for these vehicles on Federal
property. Cooperative programs with local civil authorities may also be
included.
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(11) Consolidation of Facilities and Process Activities--Includes
such measures as physical consolidation of operations to minimize intra-
operational travel and may include facility closure or conversion.
Alternative work patterns, availability of transportation, energy source
availability, and technical and financial feasibility are among the
considerations that should be evaluated.
(12) Agency Procurement Programs--Includes activities to ensure that
energy conservation opportunities are fully exploited with respect to
the agency's procurement programs including procurements relating to
operations and maintenance activities; e.g., (a) giving preference to
fuel-efficient products whenever practicable, and (b) ensuring that
agency's contractors having a preponderance of cost-type contracts
pursue a comprehensive energy conservation program.
(13) Energy Conservation Awareness Programs--Includes programs aimed
toward gaining and perpetuating employee awareness and participation in
energy conservation measures on the job and in their personal
activities.
(14) Communication--Includes substitution of communications for
physical travel.
(15) Dress Code--Includes measures to allow employees greater
freedom in their choice of wearing apparel to promote greater
participation in conservation.
(16) Land Use--Includes energy considerations to be employed in new
site selection, such as colocation.
(17) Automatic Data Processing (ADP)--Includes all energy aspects of
ADP operation and equipment selection.
(18) Aircraft Operations--Includes energy-conserving measures
developed for both military and Federal administrative and research and
development aircraft operations.
(19) GOCO Facilities and Industrial Plants Operated by Federal
Employees--Includes development of energy conservation plans at these
facilities and plants which contain measures such as energy efficient
periodic maintenance.
(20) Energy Conserving Capital Plant and Equipment Modification--
Includes development of energy conservation and life cycle cost
parameter measures for replacement of capital plant and equipment.
(21) Process Improvements--Includes measures to improve energy
conservation in industrial process operations. These may include
consideration of equipment replacement or modification, as well as
scheduling and other operational changes.
(22) Improved Steam Maintenance and Management--Includes measures to
improve energy efficiency of steam systems. These may include improved
maintenance, installation of energy-conserving devices, and the
operational use of substitutes for live steam where feasible.
(23) Improvements in Waste Heat Recovery--Includes measures
utilizing waste heat for other purposes.
(24) Improvement in Boiler Operations--Includes energy-conserving
retrofit measures for boiler operations.
(25) Improved Insulation--Includes measures addressing the addition
or replacement of insulation on pipes, storage tanks, and in other
appropriate areas.
(26) Scheduling by Major Electric Power Users--Includes measures to
shift major electrical power demands to non-peak hours, to the maximum
extent possible.
(27) Alternative Fuels--Includes measures to alter equipment such as
generators to use lower quality fuels and to fill new requirements with
those that use alternative fuels. The use of gasohol in stationary
gasoline-powered equipment should be considered, in particular.
(28) Cogeneration--Includes measures to make full use of
cogeneration in preference to single-power generation.
(29) Mobility Training and Operational Readiness--Includes measures
which can reduce energy demands through the use of simulators,
communications, computers for planning, etc.
(30) Energy Conservation Inspection or Instruction Teams--Includes
measures which formulate and perpetuate the review of energy
conservation through inspections to determine where specific
improvements can be made and then followed by an instruction and
training program.
(31) Intra-agency and Interagency Information Exchange Program--
Includes measures providing a free exchange of energy conservation ideas
and experiences between elements of an agency and between other agencies
in the same geographic area.
(32) Recycled Waste--Includes measures to recycle waste materials
such as paper products, glass, aluminum, concrete and brick, garbage,
asphalt road materials or any material which requires a petroleum base.
(33) Fuel Conversion--Includes measures to accomplish conversion
from petroleum based fuels and natural gas to coal and other alternative
fuels for appropriate equipment.
(34) Operational Lighting--Includes measures to reduce energy
consumption for lighting in operational areas and GOCO plants by:
switching off by means of automatic controls; maximizing the use of
daylight by floor planning; keeping window and light fixtures clean and
replacing fixtures when they begin to deteriorate, rather than when they
fail altogether; providing automatic dimmer controls to reduce lighting
when daylight increases; and cleaning the work area during daylight, if
possible, rather than at night.
(35) Lighting Fixtures--Includes measures to increase energy
efficiency of lighting. The following reveals the relative efficiencies
of common lamp types.
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------------------------------------------------------------------------
Improvement
Lamp type Lumens over
watt tungsten
------------------------------------------------------------------------
Tungsten lamp.................................. 12 X1
Modern fluorescent lamp........................ 85 X7
Mercury halide lamp............................ 100 X8
High pressure sodium lamp...................... 110 X9
Low pressure sodium lamp....................... 180 X15
------------------------------------------------------------------------
(36) Industrial Buildings Heating--Includes measures to improve the
energy conservation of industrial buildings such as: fixing holes in
roofs, walls and windows; fitting flexible doors, fitting controls to
heating systems; use of ``economizer units'' which circulate hot air
back down from roof level to ground level; use of controlled
ventilation; insulation of walls and roof; use of ``optimisers'' or
optimum start controls in heating systems, so that the heating switch-on
is dictated by actual temperature conditions rather than simply by time.
(37) Hull Cleaning and Antifouling Coating--Includes measures to
reduce energy consumption through periodic cleaning of hulls and
propellers or through the use of antifouling coatings.
(38) [Reserved]
(39) Building Temperature Restrictions on Thermostat Setting for
Heating, Cooling and Hot Water--Includes enforcement of suggested
restriction levels: 65 degrees for heating, 78 degrees for cooling, and
105 degrees or ban for hot water.
(40) Such other measures as DOE may from time-to-time add to this
appendix, or as the Federal agency concerned may find to be energy-
saving or efficient.
Appendix D to Part 436--Energy Program Conservation Elements
(a) In all successful energy conservation programs, certain key
elements need to be present. The elements listed below must be
incorporated into each agency conservation program and must be reflected
in the 10-year plan prescribed in Sec. 436.102. Those organizations
that have already developed programs should review them to determine
whether the present management systems incorporate these elements.
(1) Top Management Control. Top management must have a personal and
sustained commitment to the program, provide active direction and
motivation, and require regular review of overall energy usage at senior
staff meetings.
(2) Line Management Accountability. Line managers must be
accountable for the energy conservation performance of their
organizations and should participate in establishing realistic goals and
developing strategies and budgets to meet these goals.
(3) Formal Planning. An overall 10-year plan for the period 1980-
1990 must be developed and formalized which sets forth performance-
oriented conservation goals, including the categorized reduction in
rates of energy consumption that the program is expected to realize. The
plan will be supplemented by guidelines enumerating specific
conservation procedures that will be followed. These procedures and
initiatives must be life cycle cost-effective as well as energy
efficient.
(4) Goals. Goals must be established in a measurable manner to
answer questions of ``Where are we?'' ``Where do we want to go?'' ``Are
we getting there?'' and ``Are our initiatives for getting there life
cycle cost-effective?''
(5) Monitoring. Progress must be reviewed periodically both at the
agency headquarters and at local facility levels to identify program
weakness or additional areas for conservation actions. Progress toward
achievement of goals should be assessed, and explanations should be
required for non-achievement or unusual variations in energy use.
Monitoring should include personal inspections and staff visits,
management information reporting and audits.
(6) Using Technical Expertise. Personnel with adequate technical
background and knowledge of programmatic objectives should be used to
help management set technical goals and parameters for efficient
planning and implementation of energy conservation programs. These
technicians should work in conjunction with the line managers who are
accountable for both mission accomplishment and energy conservation.
(7) Employee Awareness. Employees must gain an awareness of energy
conservation through formal training and employee information programs.
They should be invited to participate in the process of developing an
energy conservation program, and to submit definitive suggestions for
conservation of energy.
(8) Energy Emergency Planning. Every energy management plan must
provide for programs to respond to contingencies that may occur at the
local, state or National level. Programs must be developed for potential
energy emergency situations calling for reductions of 10 percent, 15
percent and 20 percent for up to 12 months. Emergency plans must be
tested to ascertain their effectiveness.
(9) Budgetary and Fiscal Support. Resources necessary for the energy
conservation program must be planned and provided for, and the fiscal
systems adjusted to support energy management investments and
information reporting.
(10) Environmental Considerations. Each agency shall fulfill its
obligations under the National Environmental Policy Act in developing
its plan.
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