Preliminary Determination Regarding Energy Efficiency Improvements in ANSI/ASHRAE/IES Standard 90.1-2013: Energy Standard for Buildings, Except Low-Rise Residential Buildings

As Enacted ( Federal Register)

Cited authorities 7

Cited in

Federal Register, Volume 79 Issue 94 (Thursday, May 15, 2014)

Federal Register Volume 79, Number 94 (Thursday, May 15, 2014)

Proposed Rules

Pages 27778-27795

From the Federal Register Online via the Government Printing Office www.gpo.gov

FR Doc No: 2014-11218

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DEPARTMENT OF ENERGY

10 CFR Part 431

Docket No. EERE-2014-BT-DET-0009

RIN 1904-AD27

Preliminary Determination Regarding Energy Efficiency Improvements in ANSI/ASHRAE/IES Standard 90.1-2013: Energy Standard for Buildings, Except Low-Rise Residential Buildings

AGENCY: Energy Efficiency and Renewable Energy, Department of Energy.

ACTION: Notice of preliminary determination.

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SUMMARY: The U.S. Department of Energy (DOE) has preliminarily determined that the 2013 edition of the ANSI/ASHRAE/IES \1\ Standard 90.1:

Page 27779

Energy Standard for Buildings, Except Low-Rise Residential Buildings would improve energy efficiency in buildings subject to the code compared to the 2010 edition of Standard 90.1. DOE has preliminarily determined that buildings built to Standard 90.1-2013, as compared with buildings built to Standard 90.1-2010, would result in national source energy savings of approximately 8.5 percent and site energy savings of approximately 7.6 percent of commercial building energy consumption. If this determination is finalized, States would be required to certify that they have reviewed the provisions of their commercial building code regarding energy efficiency, and, as necessary, updated their codes to meet or exceed Standard 90.1-2013. Additionally, this notice provides guidance to States on certifications and requests for extensions of deadlines for certification statements.

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\1\ American National Standards Institute (ANSI)/American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE)/Illuminating Engineering Society (IES).

DATES: Comments on the preliminary determination must be provided by ---------------------------------------------------------------------------

June 16, 2014.

ADDRESSES: Any comments submitted must identify provide docket number EERE-2014-BT-DET-0009, or Regulatory Information Number (RIN), 1904-

AD27. Comments may be submitted using any of the following methods:

Federal eRulemaking Portal: Regulations.gov. Follow the instructions for submitting comments.
Email: 2013ASHRAEstandard2014Det0009@ee.doe.gov. Include the docket number and/or RIN in the subject line of the message.
Postal Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW., Washington, DC 20585-0121. If possible, please submit all items on a CD, in which case it is not necessary to include printed copies.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Office, 950 L'Enfant Plaza SW., Suite 600, Washington, DC 20024. Telephone: (202) 586-2945. If possible, please submit all items on a CD, in which case it is not necessary to include printed copies.

For detailed instructions on submitting comments and additional information on the rulemaking process, see section VIII of this document (Public Participation).

Docket: The docket, which includes Federal Register notices, comments, and other supporting documents/materials, is available for review at Regulations.gov. All documents in the docket are listed in the Regulations.gov index. However, some documents listed in the index, such as those containing information that is exempt from public disclosure, may not be publicly available.

A link to the docket Web page can be found at: http://www.energycodes.gov/regulations/determinations. This Web page will contain a link to the docket for this notice on the Regulations.gov site. The regulations.gov Web page will contain simple instructions on how to access all documents, including public comments, in the docket. See section VIII for further information on how to submit comments through Regulations.gov.

For further information on how to submit a comment, review other public comments and the docket, or participate in the public meeting, contact Ms. Brenda Edwards at (202) 586-2945 or by email: Brenda.Edwards@ee.doe.gov.

FOR FURTHER INFORMATION CONTACT:

Jeremiah Williams; U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW., EE-5B, Washington, DC 20585; (202) 287-1941; Jeremiah.Williams@ee.doe.gov.

For legal issues, please contact Ami Grace-Tardy; U.S. Department of Energy, Office of the General Counsel, 1000 Independence Avenue SW., GC-71, Washington, DC 20585; (202) 586-5709; Ami.Grace-Tardy@hq.doe.gov.

SUPPLEMENTARY INFORMATION: I. Statutory Authority
1. Introduction
2. Methodology
3. Summary of Findings
4. Preliminary Determination Statement
5. State Certification
6. Regulatory Review and Analysis
7. Public Participation
8. Statutory Authority
  
  Title III of the Energy Conservation and Production Act, as amended (ECPA), establishes requirements for building energy conservation standards, administered by the DOE Building Energy Codes Program. (42 U.S.C. 6831 et seq.) Section 304(b), as amended, of ECPA provides that whenever the ANSI/ASHRAE/IESNA Standard 90.1-1989 (Standard 90.1-1989 or 1989 edition), or any successor to that code, is revised, the Secretary of Energy (Secretary) must make a determination, not later than 12 months after such revision, whether the revised code would improve energy efficiency in commercial buildings, and must publish notice of such determination in the Federal Register. (42 U.S.C. 6833(b)(2)(A)) The Secretary may determine that the revision of Standard 90.1-1989, or any successor thereof, improves the level of energy efficiency in commercial buildings. If so, then not later than 2 years after the date of the publication of such affirmative determination, each State is required to certify that it has reviewed and updated the provisions of its commercial building code regarding energy efficiency with respect to the revised or successor code. (42 U.S.C. 6833(b)(2)(B)(i)) Each State must include in its certification a demonstration that the provisions of its commercial building code, regarding energy efficiency, meet or exceed the revised Standard. (42 U.S.C. 6833(b)(2)(B)(i))
  
  If the Secretary makes a determination that the revised Standard will not improve energy efficiency in commercial buildings, State commercial codes shall meet or exceed the last revised Standard for which the Secretary has made an affirmative determination. (42 U.S.C. 6833(b)(2)(B)(ii)) On October 19, 2011, DOE published a final determination in the Federal Register updating the reference code to Standard 90.1-2010. (76 FR 64904)
  
  ECPA requires the Secretary to permit extensions of the deadlines for the State certification if a State can demonstrate that it has made a good faith effort to comply with the requirements of Section 304(c) of ECPA and that it has made significant progress in doing so. (42 U.S.C. 6833(c)) DOE is also directed to provide technical assistance to States to support implementation of State residential and commercial building energy efficiency codes. (42 U.S.C. 6833(d))
9. Introduction
  
  ASHRAE and IES approved the publication of the 2013 edition of Energy Standard for Buildings Except Low-Rise Residential Buildings in October 2013. The Standard is developed under ANSI-approved consensus procedures,\2\ and is under continuous maintenance by a Standing Standard Project Committee. ASHRAE has established a program for regular publication of addenda, or revisions, including procedures for timely, documented, consensus action on requested changes to the Standard. ANSI approved the final addendum for inclusion in the 2013 edition in
  
  Page 27780
  
  September 2013. Standard 90.1-2013 was published in October 2013.\3\ More information on ANSI/ASHRAE/IES Standard 90.1-2013 is available at: https://www.ashrae.org/resources-publications/bookstore/standard-90-1.
  
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  \2\ An overview of the ANSI consensus process is available at http://www.ansi.org/standards_activities/domestic_programs/overview.aspx?menuid=3.
  
  \3\ ASHRAE press release available at https://www.ashrae.org/news/2013/ashrae-ies-publish-2013-energy-standard-changes-for-envelope-lighting-mechanical-sections.
  
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10. Methodology
  
  In arriving at a preliminary determination, DOE reviewed all changes between the 2013 and 2010 editions of Standard 90.1. Standard 90.1 is complex and covers a broad spectrum of the energy-related components and systems in buildings, ranging from simpler commercial buildings to more complex hospitals and laboratory facilities. Standard 90.1-2013 was developed through the same approach as the previous 2010 edition, which involves committee approval through a consensus process consistent with ANSI procedures for developing industry standards. The 2013 edition contains no significant changes to the overall scope or the structure of the Standard. As a result, DOE preliminarily determined that the methodology used for the analysis of Standard 90.1-
  
  2010 should again be utilized for the analysis of Standard 90.1-2013.
  
  Overview of Methodology
  
  The analysis methodology used by DOE contains both qualitative and quantitative components. A qualitative comparison is undertaken to identify textual changes between requirements in Standard 90.1-2013 and Standard 90.1-2010, followed by a quantitative assessment of energy savings conducted through whole-building simulations of buildings constructed to meet the minimum requirements of each Standard over the range of U.S. climates. A discussion of the analysis methodology, which was developed through public comment in past DOE determinations, can be found in the Notice of Preliminary Determination for Standard 90.1-2007 (75 FR 54117) and Notice of Preliminary Determination for Standard 90.1-2010 (76 FR 43298).
  
  Consistent with its previous determinations, DOE compared overall editions of Standard 90.1. DOE interprets the language in Section 304(b)(2) of ECPA to mean that when a comprehensive revision of the ASHRAE Standard is published (which in this case is ASHRAE Standard 90.1-2013), then that revised or successor Standard triggers the Secretary's obligation to issue a determination as to whether the revised Standard improves energy efficiency in commercial buildings. (See 42 U.S.C. 6833(b)(2)(A)) This determination is made by comparing the revised or successor Standard to the last predecessor Standard. While the continuous addenda review and update process is part of the ongoing maintenance of the Standard, DOE does not interpret each addendum update after the release of the full standard as an additional ``revised or successor standard'' requiring a determination by the Secretary.
  
  Consideration for Technological and Economic Factors
  
  Section 304(b) of ECPA states that the Secretary is required to make a determination as to whether any successor standard to ASHRAE Standard 90.1-1989 will improve energy efficiency. (42 U.S.C. 6833(b)(2)(A)) Section 304 of ECPA does not include any reference to economic justification.
  
  Separate from the Secretary's determination under section 304(b), section 307 of ECPA requires DOE to periodically review the economic basis of the voluntary building energy codes and participate in the industry process for review and modification, including seeking adoption of all technologically feasible and economically justified energy efficiency measures. (42 U.S.C. 6836(b)) DOE fulfills this obligation in two ways. First, the ASHRAE process, in which DOE participates, provides consideration for the feasibility and economics of proposed addenda, with a defined methodology applied to test the cost-effectiveness of individual addenda. Next, DOE performs independent analysis of Standard 90.1 as part of its direction to assist States implementing building energy codes. (ASHRAE consideration for cost-effectiveness and technical assistance provided by DOE is further explained below.)
  
  The development of ASHRAE standards is based upon the ANSI consensus process, which ensures participation by any interested party, with representatives classified as producer (e.g., industry), user (e.g., owners and designers), and general (e.g., government representatives or other general interests) segments of the building industry coming together to develop a consensus-based standard. DOE is an active participant in this process, and provided technical support to the development of the Standard through Pacific Northwest National Laboratory (PNNL). This approach allows DOE to meet its statutory obligation to participate in the industry process to review and modify Standard 90.1, and to seek adoption of all technologically feasible and economically justified energy efficiency measures. (42 U.S.C. 6836(b))
  
  The ASHRAE development process requires extensive committee deliberation and public review of each change to Standard 90.1, including consideration for the cost-effectiveness of proposed changes. One of the objectives considered by the committee developing Standard 90.1 is for the requirements of the Standard to be cost-effective for use in the public and private sectors. In recent years, one of the primary support functions provided by PNNL is assistance in the development of cost-effectiveness analyses that are considered by the development committee. Some proposed changes to the Standard do not require a cost-effectiveness evaluation, such as the following:
  
  Changes that do not add cost to the building or where the added cost would be negligible;
  
  Changes intending to clarify existing requirements of the Standard or to improve compliance with existing requirements of the Standard;
  
  Changes to external references that are included in the Standard; or
  
  Changes that reflect Federal requirements, such as appliance and commercial equipment standards.
  
  When evaluating proposed changes to the Standard where an additional cost to the building is anticipated, Standard 90.1 uses a defined methodology known as the Scalar Method \4\ to ensure that Standard 90.1 is cost effective. This method is based on ASTM Standard E917--Standard Practice for Measuring Life-Cycle Costs of Buildings and Building Systems. Standard 90.1 has simplified the life-cycle cost (LCC) model in ASTM Standard E917 by condensing the economic variables into a single variable called the Scalar Ratio, which is simply a ratio of economic present worth factors. A maximum scalar ratio of 21.9, corresponding to a measure life of 40 years was used in the development of Standard 90.1-2013. This ratio is mathematically equivalent to a LCC analysis using the following parameters:
  
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  \4\ M.F. McBride, ``Development of Economic Scalar Ratios for ASHRAE Standard 90.1 R,'' (presented at the Thermal Performance of the Exterior Envelopes of Buildings VI, ASHRAE, 1995), available at http://consensus.fsu.edu/FBC/2010-Florida-Energy-Code/901_Scalar_Ratio_Development.pdf .
  
  Page 27781
  
  Table III.1--ASHRAE Scalar Ratio Economic Parameters
  
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  Parameter Rate (percent)
  
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  Economic Life.......................... Up to 40 years.
  
  Loan Interest Rate..................... 6.25.
  
  Heating Fuel Escalation Rate........... 3.76.
  
  Cooling Fuel Escalation Rate........... 3.76.
  
  Federal Tax Rate....................... 34.
  
  State Tax Rate......................... 6.5.
  
  Nominal Discount Rate.................. 7.
  
  Real Discount Rate..................... 6.05.
  
  ------------------------------------------------------------------------
  
  The above economic parameters are vetted and updated by ASHRAE at the beginning of each three-year Standard 90.1 development cycle. If the scalar ratio for a particular measure is less than the scalar ratio limit established by the measure life and the parameters presented above, then the measure is considered cost-effective. The scalar ratio for a proposal is determined by the following equation:
  
  GRAPHIC TIFF OMITTED TP15MY14.008
  
  It should be noted that Standard 90.1 evaluates the cost-
  
  effectiveness of individual addenda, as applicable, but does not evaluate the cost-effectiveness of the Standard as a whole. However, this information is often desired by States to inform processes to update State energy codes. To address this need, and as part of DOE's direction to provide technical assistance to support the implementation of State energy efficiency codes (42 U.S.C. 6833(d)), DOE has worked with States to help them understand the energy and economic impacts associated with updated model energy codes. This approach allows DOE and the States to identify and collect necessary data, as available, and work with individual States to understand localized costs, construction practices, and unique State scenarios. DOE provided such State-level cost-effectiveness analysis for States considering adoption of recent editions of Standard 90.1,\5\ and plans to provide similar analysis for the 2013 edition by December 31, 2014.
  
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  \5\ Thornton et al., Cost-Effectiveness of ASHRAE Standard 90.1-
  
  2010 Compared to ASHRAE Standard 90.1-2007 (PNNL, Richland, WA (US), November 2013), available at http://www.pnnl.gov/main/publications/external/technical_reports/pnnl-22972.pdf.
  
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  In preparation for future technical assistance activities, DOE is interested in receiving stakeholder feedback on the Department's practice of providing cost-effectiveness analysis to support State energy code adoption. DOE has issued past requests for information to guide the Department in establishing an appropriate methodology for evaluating the cost effectiveness of building energy codes (78 FR 47677), and expects to update this method to ensure its assumptions and economic criteria remain valid and adequate for States considering adoption of model building energy codes. DOE is specifically requesting public comments and additional information regarding the costs and benefits of the use of Standard 90.1-2013, as a whole, and appropriate methodologies for assessing costs, benefits, and cost-effectiveness in the Public Participation section of this notice.
11. Summary of Findings
  
  In performing its preliminary determination, DOE performed both a qualitative and quantitative analysis of the requirements contained in the updated edition of Standard 90.1. The chosen methodology for these analyses is consistent with recent determinations actions, and provides a reasonable assessment of how the Standard will impact energy savings in commercial buildings. A summary of the analyses supporting DOE's preliminary determination is outlined in the following sections.
  
  Qualitative Analysis
  
  DOE performed a comparative analysis of the textual requirements of Standard 90.1-2013, examining the specific changes (addenda) made between Standard 90.1-2010 and Standard 90.1-2013. ASHRAE publishes changes to its standards as individual addenda to the preceding Standard, and then bundles all addenda together to form the next published edition. In creating the 2013 edition, ASHRAE processed 110 total addenda. DOE evaluated each of these addenda in preparing this preliminary determination.
  
  Overall, DOE found that the vast majority of changes in creating Standard 90.1-2013 were positive (i.e., increased energy savings) or neutral (i.e., no direct impact on energy savings). Positive changes significantly outweigh any changes with a negative effect on energy efficiency in commercial buildings. Of the 110 total changes:
  
  52 were considered positive;
  
  53 were considered neutral; and
  
  5 were considered negative.
  
  Table IV.1 presents the findings resulting from the qualitative analysis, along with a description of the change, as well as an assessment of the anticipated impact on energy savings in commercial buildings. The full qualitative analysis is presented in a separate technical support document (TSD),\6\ available at http://www.energycodes.gov/regulations/determinations.
  
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  \6\ Halverson et al., ANSI/ASHRAE/IES Standard 90.1-2013 Preliminary Determination: Qualitative Analysis (PNNL, Richland, WA (US), March 2014), available at http://www.pnnl.gov/main/publications/external/technical_reports/pnnl-23198.pdf.
  
  Page 27782
  
  Table IV.1--Qualitative Analysis Findings
  
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  Impact on energy
  
  No. Addendum to Standard Sections affected Description of changes efficiency
  
  90.1-2010 within the Standard (justification)
  
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90.1-2010a 10. Other Equipment Specifies that nominal Neutral (simply

and 12. Normative efficiencies for specifies alternate

References. motors are required to rating standard).

be established in

accordance with DOE 10

CFR 431 instead of

National Electrical

Manufacturers

Association (NEMA)

Standards. Modifies

the footnotes to

Tables 10.8A, 10.8B,

10.8C (now Tables 10.8-

1, 10.8-2, and 10.8-3

in Standard 90.1-

2013). The

corresponding

reference for 10 CFR

431 has also been

added.
90.1-2010b 10. Other Equipment Requires escalators and Minor + (reduces

and 12. Normative moving walks to escalator and

References. automatically slow moving walkway

when not conveying energy).

passengers. The

corresponding

reference to American

Society of Mechanical

Engineers (ASME) A17.1/

CSA B44 has also been

added to the Normative

References.
90.1-2010c Appendix G.......... Adds requirements for Neutral (whole

laboratory exhaust building

fans to Section performance

G3.1.1, Baseline HVAC tradeoff method

System Type and only).

Definition. Lab

exhaust fans are

required to be modeled

as constant

horsepower, reflecting

constant volume stack

discharge with outside

air bypass.
90.1-2010e Appendix G.......... Updates language in Neutral (whole

Section G3.1, part 5, building

``Building Envelope,'' performance

to require that tradeoff method

existing buildings use only).

the same envelope

baseline as new

buildings with the

exception of

fenestration area.
90.1-2010f Appendix G.......... Modifies Section G.3.1, Neutral (whole

``Building Envelope.'' building

Specifies the vertical performance

fenestration area for tradeoff method

calculating baseline only).

building performance

for new buildings and

additions.
90.1-2010g 6. Heating, Adds efficiency Neutral (adopts

Ventilating, and requirements for Federal standards).

Air-Conditioning commercial

and 12. Normative refrigerators,

References. freezers, and

refrigeration

equipment. Table

6.8.1L and Table

6.8.1M (now Tables

6.8.1-12 and 6.8.1-13

in Standard 90.1-2013)

have been added, which

specify the energy use

limits for

refrigerators and

freezers. The

corresponding

references have also

been added in Chapter
90.1-2010h 6. Heating, Modifies the minimum Minor + (increases

Ventilating, and efficiency standards stringency of

Air-Conditioning. for water-to-air heat existing

pumps (water loop, requirements).

ground water, and

ground loop). The

proposed cooling

energy efficiency

ratios (EERs) and

heating coefficients

of performance are

more stringent than

the present values.

Also removes the small

duct high velocity

heat pump product

class from Table

6.8.1B (now Table

6.8.1-2 in Standard

90.1-2013).
90.1-2010i 6. Heating, Increases the minimum Minor + (increases

Ventilating, and efficiency standards stringency of

Air-Conditioning for single-package existing

and 3. Definitions. vertical air requirements).

conditioners (SPVAC)

and single-package

vertical heat pumps

(SPVHP). Also creates

a new product class

for SPVAC and SPVHP

used in space-

constrained

applications. This new

product class only

applies to non-

weatherized products

with cooling

capacities =\1/ fractional

Air-Conditioning. 12\ hp to be horsepower motor

electronically energy usage).

commutated motors or

have a minimum 70%

efficiency in

accordance with DOE 10

CFR 431. Also requires

adjustable speed or

other method to

balance airflow.
90.1-2010al Appendix G.......... Establishes a Neutral (whole

consistent fuel source building

for space heating for performance

baseline systems based tradeoff method

on climate zone. only).

Establishes a

consistent fuel source

for service water

heating (SWH) based on

building type.
90.1-2010am 6. Heating, Establishes minimum Major + (reduces

Ventilating, and turndown for boilers energy usage for

Air-Conditioning. and boiler plants with large boilers).

design input power of

at least 1,000,000 Btu/

h.
90.1-2010an Appendix C.......... Rewrites entire Neutral (alternative

Appendix C to use a compliance method

simulation based only).

approach for envelope

tradeoffs.

Page 27785
90.1-2010ap 6. Heating, Adds power usage Neutral (alternative

Ventilating, and effectiveness (PUE) as compliance method

Air-Conditioning an alternative only).

and 3. Definitions. compliance methodology

for data centers.
90.1-2010aq 6. Heating, Expands the Major + (reduces fan

Ventilating, and requirements for fan energy usage).

Air-Conditioning speed control for both

and 11.Energy Cost chilled water and

Budget. unitary direct

expansion systems. In

addition enhances the

requirements for

integrated economizer

control and defines

direct expansion unit

capacity staging

requirements.
90.1-2010ar 6. Heating, Adds mandatory and Neutral (adopts

Ventilating, and prescriptive Federal standards).

Air-Conditioning requirements for walk-

and 3. Definitions. in coolers and

freezers and

refrigerated display

cases.
90.1-2010as 6. Heating, Requires humidifiers Minor + (reduces

Ventilating, and mounted in the humidification

Air-Conditioning. airstream to have an energy usage).

automatic control

valve shutting off

preheat when

humidification is not

required, and

insulation on the

humidification system

dispersion tube

surface. (Avoidance of

simultaneous heating

and cooling at air-

handling unit.).
90.1-2010at 3. Definitions, 5. Deletes the term Neutral

Building Envelope, ``clerestory'' and (clarification

and 9. Lighting. instead adds ``roof only).

monitor'' and

clarifies the

definition. Changes

the references in

Chapters 5 and 9 from

clerestory to roof

monitor.
90.1-2010au 6. Heating, Modifies Table Minor + (restricts

Ventilating, and 6.5.3.1.1B, which sound attenuation

Air-Conditioning. addresses fan power credit and adds

limitation pressure deductions for

drop adjustment certain systems).

credits. Deductions

from allowed fan power

are added for systems

without any central

heating or cooling as

well as systems with

electric resistance

heating. Sound

attenuation credit is

modified to be

available only when

there are background

noise criteria

requirements.
90.1-2010av 6. Heating, Modifies Section 6.5.1, Minor + (reduces

Ventilating, and exception k, number of

Air-Conditioning. applicable to Tier IV exceptions).

data centers, to make

economizer exceptions

more stringent and in

agreement with ASHRAE

TC 9.9.
90.1-2010aw 11. Energy Cost Updates the reference Neutral (whole

Budget and Appendix year for ASHRAE building

G. Standard 140 and performance

exempts software used tradeoff method

for ECB and Appendix G only).

compliance from having

to meet certain

sections of ASHRAE

Standard 140.
90.1-2010ax Appendix G.......... Modifies Table G3.1, Neutral (whole

Part 14 of Appendix G building

to exclude the performance

condition that permits tradeoff method

a building surface, only).

shaded by an adjacent

structure, to be

simulated as north

facing if the

simulation program is

incapable of

simulating shading by

adjacent structures.
90.1-2010ay 3. Definitions and Modifies daylighting Minor + (requires
Lighting. requirements. Modifies additional

definitions for controls).

daylight area under

skylights, daylight

area under roof

monitors, primary

sidelight area, and

secondary sidelight

area. Changes the

criterion for applying

automatic daylighting

control for

sidelighting and

toplighting to a

controlled lighting

power basis and

provides

characteristics for

the required photo

controls. Adds control

requirements for

secondary sidelighted

areas. Modifies Table

9.6.2 to include

continuous dimming in

secondary sidelighted

areas, which is now

based on an installed

wattage rather than

area of the space.

Eliminates the need

for effective aperture

calculation.
90.1-2010az 6. Heating, Increases the minimum Minor + (increase

Ventilating, and efficiency of open efficiency of

Air-Conditioning. circuit axial fan cooling towers).

cooling towers. An

additional requirement

has been added for all

types of cooling

towers which states

that the minimum

efficiency

requirements applies

to the tower including

the capacity effect of

accessories which

affect thermal

performance. An

additional footnote

clarifies that the

certification

requirements do not

apply to field erected

cooling towers.
90.1-2010ba 6. Heating, Adds requirements for Minor + (reduces

Ventilating, and door switches to heating and cooling

Air-Conditioning. disable or reset when doors are left

mechanical heating or open).

cooling when doors

without automatic door

closers are left open.

Page 27786
90.1-2010bb 3. Definitions, 5. Modifies the building Major + (increases

Building Envelope, envelope requirements stringency of
Energy Cost for opaque assemblies building envelope

Budget Method, and and fenestration in requirements).

Appendix A. tables 5.5.1 through

5.5.8. Adds and

modifies text in

Section 5. Adds new

visible transmittance

(VT) requirement

through Section

5.5.4.5. Also updates

the NFRC 301

reference, references

in Section 11, and

modifies two metal

building roof

assemblies in Table

A2.3.
90.1-2010bc 9. Lighting......... Modifies requirements Minor + (requires

for automatic lighting automatic control

control for guestroom of lighting and

type spaces. switched

Exceptions to this receptacles in

requirement are hotel rooms).

lighting and switched

receptacles controlled

by captive key systems.
90.1-2010bd 9. Lighting......... Adds more specific Minor + (improves

requirements for the functional testing

functional testing of of lighting

lighting controls, controls).

specifically,

occupancy sensors,

automatic time

switches, and daylight

controls.
90.1-2010be 9. Lighting......... Makes minor revisions Neutral

to Section 9.7.2.2, (clarification

which addresses the only).

scope of the operating

and maintenance

manuals required for

lighting equipment and

controls.
90.1-2010bf 8. Power............ Addresses Section 8.4.2 Minor + (reduces

on automatic plug loads).

receptacle control and

increases the spaces

where plug shutoff

control is required.

Clarifies the

application of this

requirement for

furniture systems,

lowers the threshold

for turn off from 30

to 20 minutes, states

a labeling requirement

to distinguish

controlled and

uncontrolled

receptacles and

restricts the use of

plug-in devices to

comply with this

requirement.
90.1-2010bg 5. Building Envelope Adds low-emissivity Minor + (requires

(low-E) requirements low-E storm windows

for storm window in retrofits).

retrofits.
90.1-2010bh 9. Lighting......... Modifies Table 9.6.1 Minor + (overall

Space-By-Space lighting power

Lighting Power Density densities are

allowance. reduced).
90.1-2010bi 6. Heating, Increases seasonal Minor + (increases

Ventilating, and energy efficiency stringency of

Air-Conditioning. ratio and heating existing

seasonal performance requirements).

factor for air-cooled

commercial air

conditioners and heat

pumps below 65,000 Btu/

h. (Effective 1/1/

2015).
90.1-2010bj 6. Heating, Re-establishes the Neutral (re-

Ventilating, and product class for establishes

Air-Conditioning. small duct high efficiency

velocity air requirements that

conditioners and heat do not meet the

pumps. Adds efficiency level of Federal

requirements for standards).

systems at =1million Btu/h to systems to have

have average thermal higher average

efficiency of at least efficiency).

90%. Updates Table 7.8

to reflect Federal

requirements for

electric water

heaters. Updates the

reference standard for

swimming pool water

heaters to ASHRAE

Standard 146.
90.1-2010bp 6. Heating, Adds efficiency Minor + (adds

Ventilating, and requirements (Btu/h- efficiency

Air-Conditioning hp) to Table 6.8.1G requirements for

and 12. Normative (now Table 6.8.1-7 in new products).

References. Standard 90.1-2013)

for evaporative

condensers with

ammonia refrigerants.
90.1-2010bq 6. Heating, Adds prescriptive Major + (adds new

Ventilating, and requirements for the efficiency

Air-Conditioning efficiency and requirements for

and 3. Definitions. improved control of commercial

commercial refrigeration).

refrigeration systems.
90.1-2010br 10. Other Equipment. Updates motor Neutral (implements

efficiency tables. Federal standards).
90.1-2010bs 6. Heating, Reduces occupancy Minor + (reduces

Ventilating, and threshold for demand ventilation energy

Air-Conditioning. controlled ventilation usage).

from greater than 40

people per 1000 ft \2\

to equal to or greater

than 25 people per

1000 ft \2\ with

exemptions for certain

occupancies.

Page 27787
90.1-2010bt 6. Heating, Reduces the system size Minor + (expands the

Ventilating, and and outdoor air use of exhaust air

Air-Conditioning. thresholds at which energy recovery to

energy recovery is lower percent

required. (Relaxed in outdoor air).

some climate zones).
90.1-2010bv 5. Building Envelope Reduces the area Minor + (reduces

threshold at which lighting energy

skylights and usage).

daylighting controls

are required.
90.1-2010bw 5. Building Envelope Modifies orientation Minor + (provides

and 11. Energy Cost requirements and adds design

Budget Method. solar heat gain flexibility).

coefficient tradeoff.
90.1-2010bx 9. Lighting......... Clarifies exceptions to Neutral

occupancy sensor (clarification

requirements. only).
90.1-2010by 9. Lighting......... Significantly modifies Major + (requires

the way requirements more controls in

are presented in more spaces and

Section 9. Requires reduces time to

the use of certain reduction or

lighting controls in shutoff).

more space types.

Reduces the amount of

time after occupants

vacate a space for

lights to be

automatically reduced

or shut off.

Establishes table of

lighting controls

applicable to each

space type.
2007 90.1bz 8. Power............ Adds a Section 8.4.2, Neutral (metering by

which specifies itself does not

requirements for save energy).

installation of basic

electrical metering of

major end uses (total

electrical energy,

HVAC systems, interior

lighting, exterior

lighting and

receptacle circuits)

to provide basic

reporting of energy

consumption data to

building occupant.
90.1-2010ca 6. Heating, Adds control Minor + (reduces

Ventilating, and requirements for vestibule heating

Air-Conditioning. heating systems in energy usage).

vestibules.
90.1-2010cb 6. Heating, Revises night setback Minor + (expands

Ventilating, and requirements to a heating and cooling

Air-Conditioning. reset of 10 degF setbacks).

heating and 5 degF

cooling and removes

exceptions for climate

zones. Changes optimum

start requirement from

>10,000 cubic feet per

minute to any DDC

system and adds a

requirement that

outside air

temperature be used in

optimum algorithms.
90.1-2010cc 6. Heating, Adds efficiency Minor + (adds

Ventilating, and requirements (Btu/h- efficiency

Air-Conditioning. hp) to Table 6.8.1G requirements for

(now Table 6.8.1-7 in new products).

Standard 90.1-2013)

for evaporative

condensers with R-507A.
90.1-2010cd 6. Heating, Provides definition for Neutral (editorial

Ventilating, and ``piping'' to include only).

Air-Conditioning, all accessories in
Service Water series with pipe such

Heating, and 3. as pumps, valves,

Definitions. strainers, air

separators, etc. This

is meant to clarify

that these accessories

need to be insulated.
90.1-2010ce Appendix G.......... Establishes a baseline Neutral (whole

system type for retail building

occupancies less than performance

three stories in tradeoff method

Appendix G. only).
90.1-2010cf Appendix G.......... Establishes baseline Neutral (whole

window-to-wall ratio building

in Appendix G for performance

strip malls. tradeoff method

only).
90.1-2010cg 11. Energy Cost Modifies the simulation Neutral (whole

Budget and Appendix requirements for building

G. modeling mandatory performance

automatic daylighting tradeoff method

controls as well as only).

automatic lighting

controls. Also

modifies the

simulation

requirements for

automatic lighting

controls in the

proposed design,

beyond the minimum

mandatory

requirements. Table

G3.2, which provided

power adjustment

percentages for

automatic lighting

controls, has been

deleted and savings

through automatic

control devices are

now required to be

modeled in building

simulation through

schedule adjustments

for the proposed

design or by lighting

power adjustments

defined in Table 9.6.3.
90.1-2010ch 6. Heating, Increases air- and Minor + (increases

Ventilating, and water-cooled chiller stringency of

Air-Conditioning. efficiencies in Table existing

6.8.1C (now Table requirements).

6.8.1-3 in Standard

90.1-2013). Exempts

water-cooled positive

displacement chillers

with leaving condenser

temperature >= 115

degF (typically heat

reclaim chillers).

Page 27788
90.1-2010ci 3. Definitions, 11. Modifies requirements Neutral (whole

Energy Cost Budget, for the cooling tower building

and Appendix G. fans in Chapter 11 performance

baseline simulations, tradeoff method

from two-speed to only).

variable speed. A

formula has been

specified to calculate

the condenser water

design supply

temperature. Similar

revisions have been

made to Appendix G for

the cooling tower

requirements.

Definitions for

cooling design wet-

bulb temperature and

evaporation design wet-

bulb temperature have

been added to Chapter
90.1-2010cj Appendix G.......... Creates modeling rules Neutral (whole

for computer rooms in building

Appendix G. performance

tradeoff method

only).
90.1-2010ck 6. Heating, Requires VAV dual Minor + (requires

Ventilating, and maximum damper dual maximum

Air-Conditioning. position when DDC control for VAV

system is present and zones with DDC.

clarifies dual maximum

sequence.
90.1-2010cl 6. Heating, Increases integrated Minor + (increases

Ventilating, and energy efficiency stringency of

Air-Conditioning. ratio requirements for existing

air-cooled air requirements).

conditioners and heat

pumps and EER

requirements for water

and evaporatively

cooled air

conditioners and heat

pumps in Tables 6.8.1A

and B (now Tables

6.8.1-1 and 6.8.1-2 in

Standard 90.1-2013).
90.1-2010cm 5. Building Envelope Clarifies how to Neutral

interpret the use of (clarification

dynamic glazing only).

products given the

requirements in

Addendum bb (envelope

requirements).
90.1-2010cn Appendix G.......... Establishes modeling Neutral (whole

rules for laboratories building

with 100% outside air performance

in Appendix G. tradeoff method

only).
90.1-2010co 9. Lighting......... Comprehensive update of Major + (decreases

LPDs in Table 9.5.1-- LPD in most

Building Area Method. building types).
90.1-2010cp 5. Building Envelope Corrects non- Minor + (increases R

residential U-factor value requirements

and R value for steel joist

requirements for steel floors).

joist floors in CZ3.
90.1-2010cr 9. Lighting and 12. Makes a number of Minor + (plus on

Normative adjustments to Table retail outweighs

References. 9.6.1, Space-by-space some negatives on

LPD. other building

types).
90.1-2010ct Appendix G.......... Identifies heated only Neutral (whole

storage systems 9 and building

10 in Appendix G as performance

being assigned one tradeoff method

system per thermal only).

zone.
90.1-2010cv Appendix G.......... Establishes baseline Neutral (whole

system types in building

Appendix G for performance

Assembly occupancies. tradeoff method

only).
90.1-2010cy 6. Heating, Reduces the design Minor + (applies

Ventilating, and supply fan air flow energy recovery

Air-Conditioning. rate for which energy requirements to

recovery is required smaller fan

for systems that systems).

operate more than

8,000 hours per year.
90.1-2010cz 6. Heating, Increases boiler Neutral (adopts

Ventilating, and efficiency for Federal standards).

Air-Conditioning. residential sized

(National Appliance

Energy Conservation

Act covered)

equipment, 24 inches in diameter. for pipes above

24 in

diameter).
90.1-2010dr 3. Definitions Clarifies definition of Neutral

(related to 5. building entrances to (clarification

Building Envelope). exclude electrical only).

room, mechanical

rooms, and other

utility service

entrances.
90.1-2010ds 5. Building Envelope Corrects the Neutral (editorial

and 3. Definitions. definitions of only).

``primary sidelighted

area,'' ``secondary

sidelighted area,''

and ``sidelighting

effective area'' to

use the term

``vertical

fenestration'' instead

of ``window'' to

clarify that glazed

doors and other

fenestration products

are included as well

as windows.

Additionally, the

definition of

``daylight area under

rooftop monitors'' is

corrected to include

the spread of light

beyond the width of

the rooftop monitor

glazing.
90.1-2010dt 9. Lighting......... Adds exceptions for Minor + (expansion

control of exterior of requirement to

lighting integral to all signage may

signage. Requires outweigh addition

certain types of of exception).

exterior lighting

exempt from LPD

requirements to be

separately controlled.
90.1-2010dv 6. Heating, Establishes chiller and Minor + (reduces off

Ventilating, and boiler fluid flow hour chiller and

Air-Conditioning. isolation requirements boiler energy use).

so there is no flow

through the equipment

when not in use.
90.1-2010dw 6. Heating, Revises high limit Minor + (adds sensor

Ventilating, and shutoff for air accuracy

Air-Conditioning. economizers. Add requirements).

sensor accuracy

requirements.

----------------------------------------------------------------------------------------------------------------

Key: The following terms are used to characterize the effect of individual addenda on energy efficiency (as

contained in the above table): Major + indicates that an addendum is anticipated to significantly improve

energy efficiency; Minor + indicates that an addendum may improve energy efficiency in specific applications,

Neutral indicates that an addenda is not anticipated to impact energy efficiency; and Minor - indicates that

an addendum may increase energy use in certain applications.

Table IV.2 summarizes the overall impact of the addenda in the qualitative analysis. Overall, the sum of the major positive and minor positive addenda (i.e., 52 addenda) greatly overwhelms the number of minor negative addenda (i.e., five addenda), leading to the qualitative conclusion that the overall impact of the addenda on the Standard is positive.

Table IV.2--Overall Summary of Addenda Impact in Qualitative Analysis

----------------------------------------------------------------------------------------------------------------

Minor Minor Major

Major negative negative Neutral positive positive Total

----------------------------------------------------------------------------------------------------------------

None...................................... 5 53 44 8 110

----------------------------------------------------------------------------------------------------------------

Page 27790

Quantitative Analysis

The quantitative analysis of Standard 90.1-2013 was carried out using whole-building energy simulations of buildings designed to meet the requirements of Standard 90.1-2010 and Standard 90.1-2013. DOE simulated 16 representative building types across 15 U.S. climate locations, with locations selected to be representative of all U.S climate zones, as defined by Standard 90.1-2010 and Standard 90.1-2013 (climate zone criteria unchanged between the 2010 and 2013 editions). In addition, energy use intensities (EUIs) by fuel type and by end-use were extracted for each building type, and weighted by the relative square footage of construction (represented by that building type in each of the 15 climate regions) based on the McGraw Hill Construction (MHC) Projects Starts Database.\7\ The data is commonly used by other Federal agencies, such as the U.S. Census Bureau, the Federal Reserve, and the U.S. Department of Health and Human Services (HHS), to characterize U.S. building construction. In addition, the MHC database identifies multi-family residential buildings that would be covered under the scope of Standard 90.1.

---------------------------------------------------------------------------

\7\ Based on McGraw Hill Construction Projects Starts Database; see Weighting Factors for the Commercial Building Prototypes Used in the Development of ANSI/ASHRAE/IESNA Standard 90.1-2010 by Jarnagin, RE and GK Bandyopadhyay. 2010. PNNL-19116, Pacific Northwest National Laboratory, Richland, WA. Available at http://www.pnl.gov/main/publications/external/technical_reports/PNNL-19116.pdf.

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EUIs developed for each representative building type are weighted by total national square footage of each representative building type to estimate the difference between the national energy use in buildings constructed to the 2010 and 2013 editions of Standard 90.1. Note that the buildings types used in the quantitative analysis reflect approximately 80% of the total square footage of commercial construction, including multi-family buildings greater than three stories that are covered within the scope of ASHRAE Standard 90.1.

The preliminary quantitative analysis of buildings designed to meet the requirements of Standard 90.1-2013 indicates national primary energy savings of approximately 8.5 percent of commercial building energy consumption (in comparison to Standard 90.1-2010). Site energy savings over Standard 90.1-2010 are estimated to be approximately 7.6 percent. Using national average fuel prices for electricity and natural gas, DOE also estimates a reduction in energy expenditures of 8.7 percent compared to Standard 90.1-2010.

Table IV.3 and Table IV.4 show the energy use and associated savings resulting from Standard 90.1-2013 by building type and on an aggregated national basis. Further details on the quantitative analysis can be found in the full technical support document (TSD) \8\ available at http://www.energycodes.gov/regulations/determinations.

---------------------------------------------------------------------------

\8\ Halverson et al., ANSI/ASHRAE/IES Standard 90.1-2013 Preliminary Determination: Quantitative Analysis (PNNL, Richland, WA (US), March 2014), available at http://www.pnnl.gov/main/publications/external/technical_reports/pnnl-23236.pdf.

Table IV.3--Estimated Energy Use Intensity by Building Type

Standard 90.1-2010

----------------------------------------------------------------------------------------------------------------

Whole building EUI

Floor area ---------------------------------------------------

Building type Prototype (percent) Site EUI (kBtu/ Source EUI (kBtu/ ECI ($/ft\2\-

ft\2\-yr) ft\2\-yr) yr)

----------------------------------------------------------------------------------------------------------------

Office....................... Small Office.... 5.61 33.0 100.4 $0.99

Medium Office... 6.05 36.8 105.9 1.03

Large Office.... 3.33 71.9 210.7 2.06

Retail....................... Stand-Alone 15.25 53.4 142.9 1.38

Retail. 5.67 60.4 164.1 1.58

Strip Mall......

Education.................... Primary School.. 4.99 59.0 151.1 1.44

Secondary School 10.36 47.7 130.3 1.26

Healthcare................... Outpatient 4.37 120.0 324.3 3.13

Health Care. 3.45 131.0 321.1 3.04

Hospital........

Lodging...................... Small Hotel..... 1.72 63.6 148.8 1.40

Large Hotel..... 4.95 96.7 217.7 2.03

Warehouse.................... Non-Refrigerated 16.72 18.2 43.2 0.41

Warehouse.

Food Service................. Fast-Food 0.59 591.5 1051.7 9.27

Restaurant. 0.66 383.9 742.7 6.69

Sit-Down

Restaurant.

Apartment.................... Mid-Rise 7.32 46.3 131.4 1.28

Apartment. 8.97 50.4 124.9 1.19

High-Rise

Apartment.

National..................... ................ 100 58.5 148.9 1.42

----------------------------------------------------------------------------------------------------------------

Table IV.4--Estimated Energy Use Intensity by Building Type

Standard 90.1-2013

----------------------------------------------------------------------------------------------------------------

Whole building EUI

Floor area ---------------------------------------------------

Building type Prototype (percent) Site EUI (kBtu/ Source EUI (kBtu/ ECI ($/ft\2\-

ft\2\-yr) ft\2\-yr) yr)

----------------------------------------------------------------------------------------------------------------

Office....................... Small Office.... 5.61 29.4 89.3 $0.88

Medium Office... 6.05 34.1 97.9 0.95

Large Office.... 3.33 70.8 205.8 2.01

Retail....................... Stand-Alone 15.25 45.9 124.6 1.20

Retail. 5.67 55.1 147.3 1.42

Strip Mall......

Page 27791

Education.................... Primary School.. 4.99 54.2 134.4 1.28

Secondary School 10.36 41.7 111.9 1.08

Healthcare................... Outpatient 4.37 115.8 311.8 3.00

Health Care. 3.45 123.7 300.7 2.85

Hospital........

Lodging...................... Small Hotel..... 1.72 60.0 137.6 1.29

Large Hotel..... 4.95 89.0 195.4 1.81

Warehouse.................... Non-Refrigerated 16.72 17.1 40.6 0.38

Warehouse.

Food Service................. Fast-Food 0.59 576.4 1001.9 8.78

Restaurant. 0.66 372.5 713.5 6.41

Sit-Down

Restaurant.

Apartment.................... Mid-Rise 7.32 43.9 124.8 1.21

Apartment. 8.97 46.9 114.4 1.08

High-Rise

Apartment.

National..................... ................ 100 54.1 136.2 1.30

----------------------------------------------------------------------------------------------------------------

Table IV.5 presents the estimated energy savings (based on percent change in EUI) associated with Standard 90.1-2013. Overall, the updated Standard is expected to increase the energy efficiency of commercial buildings, as represented in Table IV.5.

Table IV.5--Quantitative Analysis Findings

----------------------------------------------------------------------------------------------------------------

Savings in whole-building EUI (percent)

Building type Prototype Floor area ---------------------------------------------------

(percent) Site EUI Source EUI ECI

----------------------------------------------------------------------------------------------------------------

Office....................... Small Office.... 5.61 11.0 11.0 11.0

Medium Office... 6.05 7.4 7.5 7.5

Large Office.... 3.33 1.4 2.4 2.5

Retail....................... Stand-Alone 15.25 13.9 12.8 12.6

Retail. 5.67 8.8 10.2 10.5

Strip Mall......

Education.................... Primary School.. 4.99 8.1 11.0 11.5

Secondary School 10.36 12.6 14.1 14.4

Healthcare................... Outpatient 4.37 3.6 3.9 3.9

Health Care. 3.45 5.6 6.4 6.5

Hospital........

Lodging...................... Small Hotel..... 1.72 5.7 7.5 7.9

Large Hotel..... 4.95 8.0 10.2 10.7

Warehouse.................... Non-Refrigerated 16.72 6.0 6.1 6.1

Warehouse.

Food Service................. Fast Food 0.59 2.6 4.7 5.3

Restaurant. 0.66 3.0 3.9 4.2

Sit-Down

Restaurant.

Apartment.................... Mid-Rise 7.32 5.4 5.1 5.0

Apartment. 8.97 6.9 8.4 8.7

High-Rise

Apartment.

National..................... ................ 100 7.6 8.5 8.7

----------------------------------------------------------------------------------------------------------------
1. Preliminary Determination Statement
  
  Review and evaluation of the 2010 and 2013 editions of Standard 90.1 indicate that there are significant differences between the two editions. Qualitative analysis of the updated Standard reveals that a majority of the addenda are anticipated to result in significant energy savings. In addition, quantitative analysis of the Standard indicates source and site energy savings of 8.5 percent and 7.6 percent, respectively. DOE has rendered the preliminary conclusion that Standard 90.1-2013 will improve energy efficiency in commercial buildings, and, therefore, should receive an affirmative determination under Section 304(b) of ECPA.
2. State Certification
  
  If today's determination is finalized, each State would be required to review and update, as necessary, the provisions of its commercial building energy code to meet or exceed the provisions of the 2013 edition of Standard 90.1. (42 U.S.C. 6833(b)(2)(B)(i)) This action would be required not later than 2 years from the date of the final determination notice, unless an extension is provided.
  
  State Review and Update
  
  DOE recognizes that some States do not have a State commercial building energy code, or have a State code that does not apply to all commercial buildings. If local building energy codes regulate commercial building design and construction (rather than a State code), the State must review and make all reasonable efforts to update, as authorized, those local codes to determine whether they meet or exceed the 2013 edition of Standard 90.1. States may base their certifications on reasonable actions by units of general-purpose local government. Each such State must review the information obtained from the local governments, and gather any additional data and testimony in preparing its own certification.
  
  The applicability of any State revisions to new or existing buildings would be governed by the State building codes. States should be aware that the DOE considers high-rise (greater than three stories) multi-family residential buildings as commercial buildings for
  
  Page 27792
  
  energy code purposes, as is consistent with the scope of Standard 90.1. Consequently, commercial buildings, for the purposes of certification, would include high-rise multi-family residential buildings, hotels, motels, and other transient residential building types of any height.
  
  State Certification Statements
  
  Section 304(b) of ECPA, as amended, requires each State to certify to the Secretary of Energy that it has reviewed and updated the provisions of its commercial building energy code regarding energy efficiency to meet or exceed the Standard 90.1-2013. (42 U.S.C. 6833(b)) The certification must include a demonstration that the provisions of the State's commercial building energy code regarding energy efficiency meets or exceeds Standard 90.1-2013. If a State intends to certify that its commercial building energy code already meets or exceeds the requirements of Standard 90.1-2013, the State should provide an explanation of the basis for this certification (e.g., Standard 90.1-2013 is incorporated by reference in the State's building code regulations). The chief executive of the State (e.g., the governor), or a designated State official (e.g., director of the State energy office, State code commission, utility commission, or equivalent State agency having primary responsibility for commercial building energy codes), would provide the certification to the Secretary. Such a designated State official would also provide the certifications regarding the codes of units of general purpose local government based on information provided by responsible local officials.
  
  The DOE Building Energy Codes Program tracks and reports State code adoption and certifications.\9\ Once a State has adopted a new commercial code, DOE typically provides software, training, and support for the new code as long as the new code is based on the national model code (i.e., ASHRAE Standard 90.1-2013). DOE recognizes that some States develop their own codes that are only loosely related to the national model codes, and DOE does not typically provide technical support for those codes. However, DOE does provide incentive funding (e.g., grants) to these States through the State Energy Program. DOE does not prescribe how each State adopts and enforces its energy codes.
  
  ---------------------------------------------------------------------------
  
  \9\ Available at http://www.energycodes.gov/adoption/states.
  
  ---------------------------------------------------------------------------
  
  Requests for Extensions
  
  Section 304(c) of ECPA requires that the Secretary permit an extension of the deadline for complying with the certification requirements described above, if a State can demonstrate that it has made a good faith effort to comply with such requirements and that it has made significant progress toward meeting its certification obligations. (42 U.S.C. 6833(c)) Such demonstrations could include one or both of the following: (1) A plan for response to the requirements stated in Section 304; or (2) a statement that the State has appropriated or requested funds (within State funding procedures) to implement a plan that would respond to the requirements of Section 304 of ECPA. This list is not exhaustive. Requests are to be sent to the address provided in the ADDRESSES section above, or may be submitted to BuildingEnergyCodes@ee.doe.gov.
3. Regulatory Review and Analysis
  
  Review Under Executive Orders 12866 and 13563
  
  Today's action is not a significant regulatory action under Section 3(f) of Executive Order 12866, ``Regulatory Planning and Review'' (58 FR 51735). Accordingly, today's action was not reviewed by the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB). DOE has also reviewed this regulation pursuant to Executive Order 13563, issued on January 18, 2011. (76 FR 3281). Executive Order 13563 is supplemental to and explicitly reaffirms the principles, structures, and definitions governing regulatory review established in Executive Order 12866.
  
  Review Under the Regulatory Flexibility Act
  
  The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires the preparation of an initial regulatory flexibility analysis for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by Executive Order 13272, ``Proper Consideration of Small Entities in Agency Rulemaking'' (67 FR 53461), 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 also made its procedures and policies available on the Office of General Counsel Web site.\10\
  
  ---------------------------------------------------------------------------
  
  \10\ Available at http://energy.gov/gc/office-general-counsel.
  
  ---------------------------------------------------------------------------
  
  DOE has reviewed today's preliminary determination under the provisions of the Regulatory Flexibility Act and the procedures and policies published in February 2003. Once DOE finalizes this preliminary determination of improved energy efficiency, it would require States to undertake an analysis of their respective building codes. As such, the only entities directly regulated by this preliminary determination would be States. DOE does not believe that there will be any direct impacts on small entities, such as small businesses, small organizations, or small governmental jurisdictions.
  
  Based on the foregoing, DOE certifies that this preliminary determination 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 preliminary determination. 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).
  
  Review Under the National Environmental Policy Act of 1969
  
  Today's action is covered under the Categorical Exclusion found in DOE's National Environmental Policy Act regulations at paragraph A.6 of appendix A to subpart D, 10 CFR part 1021. That Categorical Exclusion applies to actions that are strictly procedural, such as rulemaking establishing the administration of grants. Today's action is required by Title III of ECPA, as amended, which provides that whenever the Standard 90.1-1989, or any successor to that code, is revised, the Secretary must make a determination, not later than 12 months after such revision, whether the revised code would improve energy efficiency in commercial buildings and must publish notice of such determination in the Federal Register. (42 U.S.C. 6833(b)(2)(A)) If the Secretary determines that the revision of Standard 90.1-1989, or any successor thereof, improves the level of energy efficiency in commercial buildings, then no later than 2 years after the date of the publication of such affirmative determination, each State is required to certify that it has reviewed and updated the provisions of its commercial building code regarding energy efficiency with respect to the revised or
  
  Page 27793
  
  successor code. (42 U.S.C. 6833(b)(2)(B)(i)) If the Secretary makes a determination that the revised Standard will not improve energy efficiency in commercial buildings, then State commercial codes shall meet or exceed the last revised Standard for which the Secretary has made a positive determination. (42 U.S.C. 6833(b)(2)(B)(ii)) Therefore, DOE has preliminarily determined that the Secretary's determination is not a major Federal action that would have direct environmental impacts. Accordingly, DOE has not prepared an environmental assessment or an environmental impact statement.
  
  Review Under Executive Order 13132, ``Federalism''
  
  Executive Order 13132 (64 FR 43255) imposes certain requirements on agencies formulating and implementing policies or regulations that pre-
  
  empt State law or that have federalism implications. Agencies are required 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 reviewed the statutory authority, and Congress found that:
  
  (1) Large amounts of fuel and energy are consumed unnecessarily each year in heating, cooling, ventilating, and providing domestic hot water for newly constructed residential and commercial buildings because such buildings lack adequate energy conservation features;
  
  (2) Federal voluntary performance standards for newly constructed buildings can prevent such waste of energy, which the Nation can no longer afford in view of its current and anticipated energy shortage;
  
  (3) The failure to provide adequate energy conservation measures in newly constructed buildings increases long-term operating costs that may affect adversely the repayment of, and security for, loans made, insured, or guaranteed by Federal agencies or made by federally insured or regulated instrumentalities; and
  
  (4) State and local building codes or similar controls can provide an existing means by which to ensure, in coordination with other building requirements and with a minimum of Federal interference in State and local transactions, that newly constructed buildings contain adequate energy conservation features. (42 U.S.C. 6831)
  
  Pursuant to Section 304(b) of ECPA, DOE is statutorily required to determine whether the most recent edition of Standard 90.1 would improve the level of energy efficiency in commercial buildings as compared to the previous edition. If DOE makes a positive determination, the statute requires each State to certify that it has reviewed and updated the provisions of its commercial building code regarding energy efficiency with respect to the revised or successor codes. (42 U.S.C. 6833(b)(2)(B)(i))
  
  Executive Order 13132 requires meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications unless funds necessary to pay the direct costs incurred by the State and local governments in complying with the regulation are provided by the Federal Government. (62 FR 43257) Pursuant to Section 304(e) of ECPA, the DOE Secretary is required to provide incentive funding to States to implement the requirements of section 304, and to improve and implement State residential and commercial building energy efficiency codes, including increasing and verifying compliance with such codes. In determining whether, and in what amount, to provide incentive funding, the Secretary must consider the actions proposed by the State to implement the requirements of this section, to improve and implement residential and commercial building energy efficiency codes, and to promote building energy efficiency through the use of such codes. (See 42 U.S.C. 6833(e)) Therefore, consultation with States and local officials regarding this preliminary determination was not required.
  
  However, DOE notes that State and local governments were invited to participate in the development Standard 90.1-2013. The ASHRAE Standard is developed in a national, ANSI-approved consensus process open to the public, and in which State and local governments may participate, along with the general public. The updated Standard is the product of a series of amendments to the prior edition of the Standard, with each addendum made available for public review with any interested party having the ability to submit comments. Comments on the addendum are received, reviewed, and resolved through an established process commonly utilized in generating industry consensus standards. Members of the Standard 90.1 project committee have included representatives of State and local governments. DOE believes that this process has given State and local jurisdictions extensive opportunity to comment and express any concerns on Standard 90.1-2013, the subject of this preliminary determination.
  
  On issuance of a final determination that Standard 90.1-2013 would improve the energy efficiency of commercial buildings, ECPA requires each State to certify to the Secretary that it has reviewed and updated the provisions of its commercial building code regarding energy efficiency to meet or exceed the requirements of Standard 90.1-2013. DOE notes that ECPA sets forth this requirement for States. (42 U.S.C. 6833(b)(2)(B)(i)) States are given broad freedom to either adopt Standard 90.1-2013 or develop their own code that meets or exceeds Standard 90.1-2013.
  
  Review Under 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. Subsection 101(5) of Title I of that law defines a Federal intergovernmental mandate to include any regulation that would impose upon State, local, or tribal governments an enforceable duty, except a condition of Federal assistance or a duty arising from participating in a voluntary Federal program. Title II of that law requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and tribal governments, in the aggregate, or to the private sector, other than to the extent such actions merely incorporate requirements specifically set forth in a statute. Section 202 of that title requires a Federal agency to perform an assessment of the anticipated costs and benefits of any rule that includes a Federal mandate that may result in costs to State, local, or tribal governments, or to the private sector, of $100 million or more. Section 204 of that title requires each agency that proposes a rule containing a significant Federal intergovernmental mandate to develop an effective process for obtaining meaningful and timely input from elected officers of State, local, and tribal governments.
  
  Consistent with previous determinations, DOE has completed its review, and concluded that impacts on state, local and tribal governments are less than the $100 million threshold specified in the Unfunded Mandates Act. Accordingly, no further action is required under the Unfunded Mandates Reform Act of 1995. Documentation supporting this review is contained in Appendix D of the full Quantitative Analysis technical support document (TSD) \11\ available at http://
  
  Page 27794
  
  www.energycodes.gov/regulations/determinations.
  
  ---------------------------------------------------------------------------
  
  \11\ Halverson et al., ANSI/ASHRAE/IES Standard 90.1-2013 Preliminary Determination: Quantitative Analysis (PNNL, Richland, WA (US), March 2014), available at http://www.pnnl.gov/main/publications/external/technical_reports/pnnl-23236.pdf.
  
  ---------------------------------------------------------------------------
  
  Review Under the Treasury and General Government Appropriations Act of 1999
  
  Section 654 of the Treasury and General Government Appropriations Act of 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family Policymaking Assessment for any rule that may affect family well-being. Today's action 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.
  
  Review Under the Treasury and General Government Appropriations Act of 2001
  
  Section 515 of the Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516) provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by the Office of Management and Budget (OMB). Both OMB and DOE have published established relevant guidelines (67 FR 8452 and 67 FR 62446, respectively). DOE has reviewed today's action under the OMB and DOE guidelines, and has concluded that it is consistent with applicable policies in those guidelines.
  
  Review Under Executive Order 13211
  
  Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,'' (66 FR 28355), requires Federal agencies to prepare and submit to the 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 the OMB Office of Information and Regulatory Affairs (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 action would not have a significant adverse effect on the supply, distribution, or use of energy and is therefore not a significant energy action. Accordingly, DOE has not prepared a Statement of Energy Effects.
  
  Review Under Executive Order 13175
  
  Executive Order 13175, ``Consultation and Coordination with Indian tribal Governments'' (65 FR 67249), requires DOE to develop an accountable process to ensure ``meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.'' ``Policies that have tribal implications'' refers to regulations that have ``substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.'' Today's action is not a policy that has ``tribal implications'' under Executive Order 13175. DOE has reviewed today's action under Executive Order 13175 and has determined that it is consistent with applicable policies of that Executive Order.
4. Public Participation
  
  DOE will accept comments, data, and information regarding this proposed rule no later than the date provided in the DATES section at the beginning of this preliminary determination. Interested parties may submit comments, data, and other information using any of the methods described in the ADDRESSES section at the beginning of this notice.
  
  Submitting Comments via the Regulations.gov Web site
  
  The Regulations.gov Web page will require you to provide your name and contact information. Your contact information will be viewable to DOE Building Technologies staff only. Your contact information will not be publicly viewable except for your first and last names, organization name (if any), and submitter representative name (if any). If your comment is not processed properly because of technical difficulties, DOE will use this information to contact you. If DOE cannot read your comment due to technical difficulties and cannot contact you for clarification, DOE may not be able to consider your comment.
  
  However, your contact information will be publicly viewable if you include it in the comment itself or in any documents attached to your comment. Any information that you do not want to be publicly viewable should not be included in your comment, nor in any document attached to your comment. Otherwise, persons viewing comments will see only first and last names, organization names, correspondence containing comments, and any documents submitted with the comments.
  
  Do not submit to Regulations.gov information for which disclosure is restricted by statute, such as trade secrets and commercial or financial information (hereinafter referred to as Confidential Business Information (CBI)). Comments submitted through Regulations.gov cannot be claimed as CBI. Comments received through the Web site will waive any CBI claims for the information submitted. For information on submitting CBI, see the Confidential Business Information section below.
  
  DOE processes submissions made through Regulations.gov before posting. Normally, comments will be posted within a few days of being submitted. However, if large volumes of comments are being processed simultaneously, your comment may not be viewable for up to several weeks. Please keep the comment tracking number that Regulations.gov provides after you have successfully uploaded your comment.
  
  Submitting Comments via Email, Hand Delivery/Courier, or Mail
  
  Comments and documents submitted via email, hand delivery, or mail also will be posted to Regulations.gov. If you do not want your personal contact information to be publicly viewable, do not include it in your comment or any accompanying documents. Instead, provide your contact information in a cover letter. Include your first and last names, email address, telephone number, and optional mailing address. The cover letter will not be publicly viewable as long as it does not include any comments.
  
  Include contact information each time you submit comments, data, documents, and other information to DOE. If you submit via mail or hand delivery/courier, please provide all items on a CD, if feasible. It is not necessary to submit printed copies. No facsimiles (faxes) will be accepted.
  
  Comments, data, and other information submitted to DOE electronically should be provided in PDF (preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file format. Provide documents that are not secured, that are written in English, and that are free of any defects or viruses. Documents should not contain special characters or any form of encryption
  
  Page 27795
  
  and, if possible, they should carry the electronic signature of the author.
  
  Campaign Form Letters
  
  Please submit campaign form letters by the originating organization in batches of between 50 to 500 form letters per PDF or as one form letter with a list of supporters' names compiled into one or more PDFs. This reduces comment processing and posting time.
  
  Confidential Business Information
  
  According to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit via email, postal mail, or hand delivery/
  
  courier two well-marked copies: One copy of the document marked confidential including all the information believed to be confidential, and one copy of the document marked non-confidential with the information believed to be confidential deleted. Submit these documents via email or on a CD, if feasible. DOE will make its own determination about the confidential status of the information and treat it according to its determination.
  
  Factors of interest to DOE when evaluating requests to treat submitted information as confidential include: (1) A description of the items; (2) whether and why such items are customarily treated as confidential within the industry; (3) whether the information is generally known by or available from other sources; (4) whether the information has previously been made available to others without obligation concerning its confidentiality; (5) an explanation of the competitive injury to the submitting person which would result from public disclosure; (6) when such information might lose its confidential character due to the passage of time; and (7) why disclosure of the information would be contrary to the public interest.
  
  It is DOE's policy that all comments may be included in the public docket, without change and as received, including any personal information provided in the comments (except information deemed to be exempt from public disclosure).
  
  Notification of Special Requests
  
  In preparation for future technical assistance activities, DOE is interested in public comments and additional information regarding the costs and benefits associated with the adoption and use of Standard 90.1, as a whole, and appropriate methodologies for assessing costs, benefits and cost-effectiveness. As discussed in the Methodology section of this document, DOE is directed to provide technical assistance to States to support implementation of State residential and commercial building energy efficiency codes. (42 U.S.C. 6833(d)) As part of its technical assistance role, DOE previously established a methodology by which it evaluates the cost effectiveness of energy codes (78 FR 47677). In the coming months, DOE intends to publish a request for information (RFI) to update this methodology, and to ensure DOE activities continue to remain in alignment with the national model code development processes. In particular, DOE will be interested in public comments identifying available and adequate sources of data to support national and State-level cost analysis, such as localized cost data and construction practices. DOE expects to use such input in updating its own cost-effectiveness methodology, and in applying this methodology through technical assistance functions, including the evaluation of published model energy codes, as well as proposed changes.
  
  Issued in Washington, DC, on May 8, 2014.
  
  Kathleen B. Hogan,
  
  Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy.
  
  FR Doc. 2014-11218 Filed 5-14-14; 8:45 am
  
  BILLING CODE 6450-01-P

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Preliminary Determination Regarding Energy Efficiency Improvements in ANSI/ASHRAE/IES Standard 90.1-2013: Energy Standard for Buildings, Except Low-Rise Residential Buildings

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