Building Energy Standards Program: Determination Regarding Energy Efficiency Improvements in the Energy Standard for Buildings, Except Low-Rise Residential Buildings, ANSI/ASHRAE/IESNA Standard 90.1-2004, 79868-79874 [E8-30975]
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79868
Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Notices
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Issued at Washington, DC on December 23,
2008.
Rachel Samuel,
Deputy Committee Management Officer.
[FR Doc. E8–30969 Filed 12–29–08; 8:45 am]
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DEPARTMENT OF ENERGY
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and one that asked FESAC to review the
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DEPARTMENT OF ENERGY
Tentative Agenda
[Docket No. EERE–2006–BC–0132]
Tuesday, January 13, 2009
Building Energy Standards Program:
Determination Regarding Energy
Efficiency Improvements in the Energy
Standard for Buildings, Except LowRise Residential Buildings, ANSI/
ASHRAE/IESNA Standard 90.1–2004
• Office of Science Perspectives.
• OFES Program Perspectives.
• Final Report on the High Energy
Density Plasma Charge.
• Report on FESAC Review of the
Strategic Plan Overview.
• Use of Technical Readiness Levels
in Planning the Fusion Program.
• Use of Technical Readiness Levels
at Boeing.
• Public Comments.
• Adjourn.
Wednesday, January 14, 2009
• Status Report on the Research
Needs Workshop Activities.
• Preparation of Letters to DOE/SC.
• Adjourn.
Public Participation: The meeting is
open to the public. If you would like to
file a written statement with the
Committee, you may do so either before
or after the meeting. If you would like
to make oral statements regarding any of
the items on the agenda, you should
contact Albert L. Opdenaker at 301–
903–8584 (fax) or
albert.opdenaker@science.doe.gov (email). Reasonable provision will be
made to include the scheduled oral
statements on the agenda. The
Chairperson of the Committee will
conduct the meeting to facilitate the
orderly conduct of business. Public
comment will follow the 10-minute
rule. This notice is being published less
than 15 days before the date of the
meeting due to programmatic issues.
Minutes: The minutes of the meeting
will be available on the U.S. Department
of Energy’s Office of Fusion Energy
Sciences Web site (https://
www.science.doe.gov/ofes/).
Issued at Washington, DC, on December 23,
2008.
Rachel Samuel,
Deputy Committee Management Officer.
[FR Doc. E8–30970 Filed 12–29–08; 8:45 am]
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Office of Energy Efficiency and
Renewable Energy
AGENCY: Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of determination.
SUMMARY: The Department of Energy
(DOE) today determines that the 2004
edition of the Energy Standard for
Buildings, Except Low-Rise Residential
Buildings, American National Standards
Institute (ANSI)/American Society of
Heating, Refrigerating and AirConditioning Engineers (ASHRAE)
Illuminating Engineering Society of
North America (IESNA) Standard 90.1–
2004, (Standard 90.1–2004) would
achieve greater energy efficiency in
buildings subject to the code, than the
1999 edition (Standard 90.1–1999 or the
1999 edition). The quantitative analysis
of the energy consumption of buildings
built to Standard 90.1–2004, as
compared with buildings built to
Standard 90.1–1999, indicates national
source energy savings of approximately
13.9 percent of commercial building
energy consumption. Site energy
savings are estimated to be
approximately 11.9 percent. As a result
of this positive determination regarding
Standard 90.1–2004, each State is
required to certify that it has reviewed
the provisions of its commercial
building code regarding energy
efficiency, and updated, as necessary,
its code to meet or exceed Standard
90.1–2004. This Notice provides
guidance to States on Certifications, and
Requests for Extensions of Deadlines for
Certification Statements.
DATES: Certifications and Requests for
Extensions of Deadlines, with regard to
Standard 90.1–2004, are due at DOE on
or before December 30, 2010.
ADDRESSES: Certifications or Requests
for Extensions of Deadlines should be
directed to the Assistant Secretary for
Energy Efficiency and Renewable
Energy, Office of Building Technology
Assistance, EE–42, 1000 Independence
Avenue, SW., Washington, DC 20585–
0121. Envelopes or packages should be
labeled, ‘‘State Certification of
Commercial Building Codes Regarding
Energy Efficiency’’. The Technical
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Support Document for this
determination can be accessed at
https://www.energycodes.gov/
implement/determinations_com.stm.
FOR FURTHER INFORMATION CONTACT: Mr.
Ronald B. Majette, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Forrestal Building,
Mail Station EE–2J, 1000 Independence
Avenue, SW., Washington, DC 20585–
0121, 202–586–7935.
SUPPLEMENTARY INFORMATION:
I. Introduction
A. Statutory Requirements
B. Background
1. Publication of Standard 90.1–2004
2. Analysis Methodology
3. DOE Response to Comments on Previous
Analysis
C. Summary of the Comparative Analysis
1. Quantitative Analysis
2. Detailed Textual Analysis
D. Determination Statement
II. Results of Quantitative Analysis
III. Discussion of Detailed Textual Analysis
IV. Filing Certification Statements With DOE
A. Review and Update
B. Certification
C. Request for Extensions
D. Submittals
V. Approval of the Office of the Secretary
I. Introduction
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A. Statutory Requirements
Title III of the Energy Conservation
and Production Act, as amended
(ECPA), establishes requirements for the
Building Energy Efficiency Standards
Program. (42 U.S.C. 6831 et seq.) 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 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 two 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)) The State must include
in its certification a demonstration that
the provisions of its commercial
building code, regarding energy
efficiency, meet or exceed the revised
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standard (in this case, Standard 90.1–
2004). (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 a positive determination. (42
U.S.C. 6833(b)(2)(B)(ii)) On July 15,
2002, the Secretary published a
determination updating the reference
code to Standard 90.1–1999. 67 FR
46464. DOE held a workshop and
accepted comments on the methodology
for making a determination and in the
final determination, DOE addressed
concerns raised as to the methodology
relied upon in the determination.
ECPA also 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))
B. Background
1. Publication of Standard 90.1–2004
The American Society of Heating,
Refrigerating and Air-Conditioning
Engineers (ASHRAE) and the
Illuminating Engineering Society of
North America (IESNA) approved the
publication of the 2004 edition of
Energy Standard for Buildings Except
Low-rise Residential Buildings, in June
2004 and July 2004, respectively.
The Standard was developed under
American National Standards Institute
approved consensus standard
procedures. Standard 90.1 is under
continuous maintenance by a Standing
Standard Project Committee (SSPC) for
which the ASHRAE Standard
Committee has established a
documented program for regular
publication of addenda or revisions,
including procedures for timely,
documented, consensus action on
requests for change to any part of the
standard. The American National
Standards Institute (ANSI) approves
addenda prior to their publication by
ASHRAE and IESNA and therefore prior
to their inclusion in a new version of
Standard 90.1. ANSI approved the final
addendum for inclusion in Standard
90.1–2004 on August 5, 2004. The 2004
edition was published in December
2004.
2. Analysis Methodology
In arriving at a determination, the
Department first reviewed all significant
changes between the 1999 edition and
the 2004 edition of Standard 90.1,
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including those changes made between
the 1999 edition and the 2001 edition
(ANSI/ASHRAE/IESNA Standard 90.1–
2001). Standard 90.1 is complex and
covers a broad spectrum of the energy
related components and systems in
buildings ranging from simple storage
buildings to complex hospitals and
laboratories. The size of buildings
addressed range from those smaller than
single family homes to the largest
buildings in the world. The approach to
development of the standard was not
changed from that used for the 1999
edition, with no changes to the scope or
the way components are defined. The
2004 edition was reorganized to
improve usability and new climate
zones were utilized in place of the
climate bins used in Standard 90.1–
1999. We concluded that because no
significant changes were made to the
structure, scope, or component
definitions of Standard 90.1, the same
methodology used for the analysis of
Standard 90.1–1999 could be utilized
for the analysis of Standard 90.1–2004.
Based on this, DOE determined it was
unnecessary to hold a public workshop
and seek comment on the analysis
methodology, as was done on for the
analysis of Standard 90.1–1999.
DOE did not conduct a formal
determination of energy savings on the
2001 edition. Initial review of the
changes made in the 2001 edition
indicated that while the changes
typically improved the usability and
understandability of the text, the only
changes that could quantitatively be
compared were estimated to result in
negative energy savings. These changes,
primarily to slab edge insulation
requirements in cool and cold climates,
were estimated to have a minor impact
in terms of energy efficiency in
buildings at the national level, but no
simulation was made to quantify the
impact. All changes made between the
1999 and 2001 editions are included in
this determination for the 2004 edition.
3. DOE Response to Comments on
Previous Analysis
DOE did not conduct a workshop on
the analysis relied upon in this
determination because DOE relied on
the same methodology as in the
Standard 90.1–1999 determination. DOE
previously sought comment on this
analysis and responded to comments
received in the Standard 90.1–1999
determination. 67 FR 46464. DOE rereviewed the comments and data
submitted regarding issues raised in the
comparative analysis of Standard 90.1–
1989 and Standard 90.1–1999. The more
significant comments are discussed
below.
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We have attempted to keep the
comparative analysis of Standard 90.1–
1999 and Standard 90.1–2004 as close
as possible to the previous analysis
comparing Standard 90.1–1989 and
Standard 90.1–1999. As acknowledged
in the previous analysis, we recognize
that, given the numerous assumptions
required to simulate the potential
impact of the new standard, reasonable
minds could differ over both the
specific model employed and over the
assumptions used in those models. We
recognized previous cautions about the
complexity of the problem and
magnitude of alternative compliance
approaches in the standard.
We recognize that our methodology
for the purpose of a simple yes/no
determination is inadequate for
determining an absolute quantification
of energy savings estimates associated
with using Standard 90.1–2004 and
make no such claim for the analysis on
which this determination relies. DOE
did perform a quantitative analysis that
included many of the changes in
Standard 90.1–2004 that can be
modeled, but this quantitative analysis
is not able to accurately quantify all the
likely effects of the new standard.
We continue to believe that our
comparison should rely on both
quantitative and qualitative
comparisons. While quantitative
estimates of energy savings are indeed a
much preferred method of comparison,
it is not always possible to simulate or
provide appropriate weighting to many
features in Standard 90.1 and therefore
we will continue to note changes that
individually, or in net, result in
increased energy efficiency, even where
they could not be accurately quantified.
States can use this information when
upgrading their energy codes.
We continue to believe that the
analysis of whether the standard will
improve energy efficiency in
commercial buildings should, to the
extent possible, reflect the changes in
the minimum requirements of each
standard. However, in assessing the
impact of those requirements, we
believe that the fundamental buildings
designs considered, including
construction types, lighting designs,
operation, and equipment design and
usage characteristics should be based on
a realistic estimate of current
construction. We believe that we have
done this in our analysis.
As in the previous determination for
Standard 90.1–1999, DOE did not
include analysis of potential changes in
equipment market share in its analysis.
Potentially, different levels of cost
increases between specific component
types serving the same base need within
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the construction market (e.g. masonry
wall construction versus frame wall
construction or space heating boilers
versus furnaces) could result in market
shifts which could impact, in some
cases negatively, overall energy
consumption within commercial
buildings. In general, the Department
does not have the data or the tools to
examine the potential elasticity between
markets and does not believe it is
required to do so to assess whether a
revision to the standard will improve
energy efficiency in commercial
buildings. The Department will consider
quantitative data regarding the impact of
market switching on its Determination
only if there is sufficient evidence to
believe that the likely impact of market
switches would be a reduction in energy
efficiency due to the revised standard
taken as a whole.
We have continued to use new
construction square footage data
extracted from the Energy Information
Administration’s National Energy
Modeling System, as the basis for our
analysis. For this analysis, we used data
from the years 2006 to 2015.
Consistent with the previous
determination analysis, DOE compared
versions of Standard 90.1 ‘‘as a whole’’
and did not issue determinations for
individual addenda. 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 90.1–2004, then that
revised or successor standard triggers
the Secretary’s obligation to issue a
determination as to whether the revised
standard improves energy efficiency.
This determination is made by
comparing the revised or successor
standard to the last predecessor
standard.
While it is true that the addenda
process is part of the ongoing
maintenance of the standard and thus
continually modifies or revises the
existing standard over time, it would be
an unreasonable reading of the statute to
categorize each addenda in this
maintenance process as a ‘‘revised or
successor standard’’ within the meaning
of Section 304(b)(2) of ECPA, so as to
require a determination by the
Secretary. Such an interpretation of the
statute would put an unreasonable
burden both on the States and DOE. For
the States, a determination by the
Secretary requires some State action,
and what is required depends upon
whether the Secretary issues an
affirmative or a negative determination.
If the Secretary were required to issue
a determination after each addenda was
published, the States would be
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constantly required to change their
codes. This would affect the stability
and certainty of State commercial
building codes. DOE believes that
Congress could not have intended this
result.
We continue to believe that DOE’s
responsibility is to determine whether
or not the new version of Standard 90.1
will improve energy efficiency, and not
whether the measures are
technologically feasible and
economically justified. The statutory
language in 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)) The Secretary must
publish a notice of this determination in
the Federal Register. The language does
not require that DOE perform an
independent economic analysis as part
of the determination process. Section
304(b) of ECPA does not include any
reference to language concerning
economic justification.
However, Congress did address
consideration of the technological
feasibility and cost effectiveness of the
Voluntary Building Energy Codes be
considered. Section 307 of ECPA
requires DOE to participate in the
ASHRAE process and to assist in
determining the cost effectiveness and
technical feasibility of the ASHRAE
standard. (42 U.S.C. 6836) It also
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))
Unlike Section 307 of ECPA which
specifically includes language
concerning economic justification,
Section 304 of ECPA omits any
reference to economic justification. ‘‘It
is generally presumed that Congress acts
intentionally and purposefully where it
includes particular language in one
section of a statute but omits it in
another section.’’ Bates v. United States,
522 U.S. 23, 29–30 (1997). Accordingly,
the statutory scheme cannot be read to
require an economic analysis as part of
the determination process in Section
304(b) of ECPA.
The fact that the Section 304 of ECPA
determination process does not require
the Secretary to perform an economic
analysis does not diminish the
importance that the ASHRAE standards
be technologically feasible and
economically justified. However, it
appears that Congress assumed that
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these issues would be addressed by
stakeholders in the development of the
standard and through DOE’s active
participation in the ASHRAE process
itself. The language of Section 307 of
ECPA delineates DOE as one participant
in the process, however DOE is not the
ultimate decision maker regarding
provisions of revisions to the ASHRAE
standard.
Accordingly, for all of these reasons,
DOE has determined that it is not
required to perform an economic
analysis as part of its determination
process in Section 304 of ECPA.
We continue to use a scaling approach
to building modeling, as opposed to the
use of specific buildings. We believe
that by using a scaling approach, we can
assess the impact of building envelope
changes over a broad range of building
sizes. The size selection of the prototype
used for scaling is near the median
square footage for most building
categories.
As in the Standards 90.1–1999
determination, the quantitative
comparison of whole-building lighting
requirements is the methodology used
and we addressed space-by-space
requirements and supplemental or
additional lighting power allowances in
our detailed textual analysis. This was
an issue in the previous comparison of
Standard 90.1–1989 and Standard 90.1–
1999. 64 FR 46473. Standard 90.1–1999
and Standard 90.1–2004 have virtually
identical additional lighting power
allowance requirements, with the
exception that the text of Standard 90.1–
2004 includes clarification that the
additional lighting power allowance for
retail displays is based on the area of the
specific display and not on the floor
area surrounding the display. The
difficulty in incorporating this into a
quantitative analysis is obtaining data
on the size of display areas. DOE has
collected information on display areas
with dedicated lighting systems from a
sample of retail buildings in Richland,
Kennewick, and Pasco, Washington.
The results of this survey indicate that
there is a wide range of additional
lighting power allowance that would be
considered appropriate under either the
1999 or 2004 editions, depending on the
amount of display area. However, the
results from this admittedly small
survey indicate that the variation is
correlated highly with the type of retail
establishment (convenience store,
department store, specialty store, etc).
DOE does not know of any source of
data that could be used to provide an
overall weighting of the retail sector by
these specific types and therefore has
chosen not to include this information
in the quantitative analysis.
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We again considered comments to the
analysis of the Standard 90.1–1999
determination that we should use DOE
2.1 as the basis of the energy
simulations, and we also considered
whether or not we should use the new
EnergyPlus simulation software for this
determination. In the interests of
comparing this analysis with the
analysis done previously for Standard
90.1–1999, we choose to continue to use
the existing BLAST software tool. The
use of EnergyPlus in this determination
was rejected for three reasons. First, the
previous analysis of Standard 90.1–1999
had been conducted in BLAST and DOE
wished to use as similar a process as
possible for this analysis. Second, DOE
did not have a set of building prototypes
in EnergyPlus that could have been used
for this analysis. DOE did develop a set
of prototypes, but these were not
available until November 2008. Third,
DOE believes that the use of BLAST
(and the existing methodology) may
facilitate public review of this analysis
by interested stakeholders.
C. Summary of the Comparative
Analysis
We carried out both a broad
quantitative analysis and a detailed
textual analysis of the differences
between the requirements and the
stringencies in the 1999 and the 2004
editions.
1. Quantitative Analysis
The quantitative comparison of
energy codes was done using wholebuilding energy simulations of buildings
built to each standard. We simulated
seven representative building types in
11 representative U.S. climates. Note
that only differences between
requirements applied to new buildings
were considered in this quantitative
analysis. Changes in requirements in the
2004 edition that pertain to existing
buildings are addressed in the detailed
textual analysis. The simulations were
based on a 15 zone building prototype
used in previous DOE building research.
Simulated Energy Use Intensities (EUI)
for each zone were scaled to reflect
variations in building size and shapes
for each representative building type.
Energy use intensities developed for
each representative building type were
weighted by total national square
footage of each representative building
type to provide an estimate of the
difference between the national energy
use in buildings constructed to both
editions.1
1 A more detailed explanation is located in the
Standard 90.1–2004 Technical Support Document
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Both the 2004 and 1999 editions
address additions and renovations to
existing buildings. Since DOE found
insufficient data to permit us to
accurately quantify the effects of these
aspects of the standards, we chose not
to address the impacts on existing
buildings in this analysis.
The quantitative analysis of the
energy consumption of buildings built
to Standard 90.1–2004, as compared
with buildings built to Standard 90.1–
1999, indicates national source energy
savings of approximately 13.9 percent of
commercial building energy
consumption. Site energy savings are
estimated to be approximately 11.9
percent. These figures represent a
conservative estimate of energy savings.
We also performed a detailed analysis
of the differences between the textual
requirements and stringencies of the
two editions of Standard 90.1 in the
scope of the Standard, the building
envelope requirements, the building
lighting and power requirements, and
the building mechanical equipment
requirements.
2. Detailed Textual Analysis
The emphasis of our detailed
requirement and stringency analysis
was on looking at the specific changes
that ASHRAE made in going from
Standard 90.1–1999 to Standard 90.1–
2004. ASHRAE publishes changes to
their standards as addenda to the
preceding standard and then bundles all
the addenda together to form the next
edition. ASHRAE processed 34 addenda
to Standard 90.1–1999 to create
Standard 90.1–2001. ASHRAE also
processed 31 addenda to Standard 90.1–
2001 to create Standard 90.1–2004. All
told, 65 addenda were evaluated by
DOE in preparing this Determination.
Each standard has multiple ways to
demonstrate compliance. We compared
the prescriptive requirements for each
standard as we believe that this
approach represents the most common
approach to using the standard in
question for most buildings.2
D. Determination Statement
The Department’s review and
evaluation found that there are
significant differences between the 1999
edition and the 2004 edition. Our
overall conclusion is that the 2004
edition will improve the energy
efficiency of commercial buildings.
However, we found a number of
available at https://www.energycodes.gov/
implement/determinations_com.stm.
2 A more detailed explanation is located in the
Standard 90.1–2004 Technical Support Document
available at https://www.energycodes.gov/
implement/determinations_com.stm.
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changes in textual requirements and
stringencies that will decrease energy
efficiency. Overall, we concluded the
changes in textual requirements and
stringencies are ‘‘positive,’’ in the sense
that they will improve energy efficiency
in commercial construction. Our
quantitative analysis shows, nationally,
new building efficiency should improve
by almost 13.4 percent, looking at
source energy, and by almost 11.1
percent, when considering site energy.
While both the 1999 and 2004 edition
cover existing buildings, the reduction
in lighting power allowance and the
relatively high frequency of lighting
retrofits in commercial buildings should
improve the efficiency of existing
building stock. DOE has therefore
concluded that Standard 90.1–2004
receive an affirmative determination
under Section 304(b) of the Energy
Conservation and Production Act.
II. Results of Quantitative Analysis
Tables 1 and 2 show the aggregated
energy use and associated energy
savings by building type for the seven
categories analyzed and on an
aggregated national basis for the 1999
and 2004 editions, respectively. For
each edition the building floor area
weight, used to calculate the building
energy or cost use intensity, is
presented. The electric and gas building
energy use intensity is presented for
each type analyzed, electric being
predominate in all types. Site energy
use intensities ranged from over 125
thousand Btu per square foot annually
for the Food Service type to
approximately 27 thousand Btu per
square foot annually for the Warehouse
type. Source energy use intensities have
similar ranges but vary in quantitative
order from site energy intensities.
Building energy cost intensities are also
presented.
TABLE 1—MODELED ENERGY USE INTENSITY BY BUILDING TYPE—1999 EDITION
Building type
floor area
weight
Building type
Assembly ..................................................
Education .................................................
Food Service ............................................
Lodging ....................................................
Office ........................................................
Retail ........................................................
Warehouse ...............................................
National ....................................................
Whole building EUI data for building population
(kBtu/sf-yr or $/sf-yr)
Electric EUI
0.061
0.155
0.035
0.091
0.189
0.277
0.191
........................
Gas EUI
54.68
31.33
97.40
40.93
42.66
46.07
18.63
39.75
27.39
16.85
28.32
11.53
4.89
3.56
8.65
9.89
Site EUI
Source EUI
82.08
48.18
125.72
52.46
47.55
49.63
27.29
49.64
$UI
203.23
117.72
339.25
142.16
140.25
149.54
68.49
136.59
1.62
0.96
2.68
1.14
1.11
1.18
0.56
1.09
TABLE 2—MODELED ENERGY USE INTENSITY BY BUILDING TYPE—2004 EDITION
Building type
floor area
weight
Building type
Assembly ..................................................
Education .................................................
Food Service ............................................
Lodging ....................................................
Office ........................................................
Retail ........................................................
Warehouse ...............................................
National ....................................................
Whole building EUI data for building population
(kBtu/sf-yr or $/sf-yr)
Electric EUI
0.061
0.155
0.035
0.091
0.189
0.277
0.191
........................
Table 3 presents the estimated percent
energy savings between the 1999 and
2004 editions. Overall, considering
those differences that can be reasonably
quantified, the 2004 edition will
increase the energy efficiency of
Gas EUI
47.13
27.12
89.33
31.82
37.49
38.71
14.30
33.67
28.18
16.94
28.99
13.33
4.88
3.57
8.29
10.07
commercial buildings. Numbers in
Table 3 represent percent energy
savings, thus negative numbers
represent increased energy use. There is
an increase in gas EUI for all building
types except warehouse. This is
Site EUI
75.32
44.06
118.32
45.15
42.37
42.28
22.59
43.75
Source EUI
$UI
180.24
104.52
314.51
115.37
123.90
126.30
54.40
117.60
1.45
0.86
2.49
0.93
0.98
1.00
0.45
0.94
attributable to the decrease in lighting
power density in all building types,
which leads to both an increase in
cooling energy and an increase in
heating energy.
TABLE 3—ESTIMATED PERCENT ENERGY SAVINGS WITH 1999 EDITION—BY BUILDING TYPE
Building type
national wt.
pwalker on PROD1PC71 with NOTICES
Building type
Assembly ..................................................
Education .................................................
Food Service ............................................
Lodging ....................................................
Office ........................................................
Retail ........................................................
Warehouse ...............................................
National ....................................................
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Percent savings in whole building energy use intensity
Electric EUI
0.061
0.155
0.035
0.091
0.189
0.277
0.191
........................
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Gas EUI
13.8
13.4
8.3
22.3
12.1
16.0
23.2
15.3
Fmt 4703
Sfmt 4703
Site EUI
¥2.9
¥0.5
¥2.4
¥15.6
0.1
¥0.3
4.2
¥1.8
E:\FR\FM\30DEN1.SGM
8.2
8.5
5.9
13.9
10.9
14.8
17.2
11.9
30DEN1
Source EUI
11.3
11.2
7.3
18.8
11.7
15.5
20.6
13.9
$UI
11.0
10.9
7.1
18.4
11.6
15.4
20.2
13.7
79873
Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Notices
III. Discussion of Detailed Textual
Analysis
were evaluated by DOE for their impact
on energy efficiency. DOE determined
whether that addenda would have a
positive, neutral, or negative impact on
overall building efficiency. Table 4
shows the number of positive and
All 65 addenda processed by
ASHRAE in the creation of Standard
90.1–2004 from Standard 90.1–1999
negative changes for each section of
Standard 90.1. Note that number of
changes listed adds up to 73, indicating
that some addenda covered more than
one section.
TABLE 4—RESULTS OF TEXTUAL ANALYSIS BY SECTION OF STANDARD 90.1
Number of
changes made
to section
Section of standard
Number of
positive
(energy saving) changes
Number of
neutral
(no energy
saving)
changes
Number of
negative
(energy
increasing)
changes
Title, Purpose, and Scope ...............................................................................
Definitions ........................................................................................................
Administration and Enforcement .....................................................................
Envelope ..........................................................................................................
HVAC Equipment and Systems .......................................................................
Service Water Heating .....................................................................................
Power ...............................................................................................................
Lighting ............................................................................................................
Energy Cost Budget ........................................................................................
Normative and Informative References ...........................................................
0
2
3
11
27
3
1
14
5
7
0
0
0
11
7
0
0
5
0
0
0
2
3
8
16
3
1
9
5
7
0
0
0
2
5
0
0
0
0
0
Overall ..............................................................................................................
2 73
13
54
7
1 The
impact of the single positive envelope change greatly outweighs the impact of the two negative envelope changes.
overall number of changes is more than the total number of addenda due to the fact that some addenda covered more than one section
of the standard.
pwalker on PROD1PC71 with NOTICES
2 The
The results of the textual analysis
indicate that the majority of changes (54
of the total of 73 listed) were neutral.
These include editorial changes,
changes to reference standards, changes
to alternative compliance paths, and
other changes to the text of the standard
that may improve the usability of the
standard, but do not generally improve
or degrade the energy efficiency of
buildings. There were 13 changes that
were evaluated as having a positive
impact on energy efficiency and 7
changes that were evaluated as having a
negative impact on energy efficiency.
The 7 negative impacts on energy
efficiency are:
1. Reduction of slab on grade
insulation requirements for northern
U.S. and Alaska. (1999 to 2001 edition)
2. Relaxation of heated slab on grade
insulation requirement in northern U.S.
and Alaska. (1999 to 2001 edition)
3. Reduction of motorized damper
leakage requirements for most of the
continental U.S. (1999 to 2001 edition)
4. Removal of requirements for
motorized dampers on small-medium
system HVAC systems. (1999 to 2001
edition)
5. Removal of performance
requirements for balancing to 10% of
design flow rates. (1999 to 2001 edition)
6. Relaxed requirements limiting
volume of air reheated or re-cooled in
supply air systems. (1999 to 2001
edition)
7. Expansion of Exhaust Air Energy
Recovery exceptions to additional
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commercial kitchen hoods. (2001 to
2004 edition)
Note that the majority of negative
impacts are associated with addenda
processed in the creation of the 2001
edition. These addenda were the main
reason that a formal determination was
not done on Standard 90.1–2001.
The 13 positive impacts on energy
efficiency include:
1. Removed explicit allowance for
supply air into non-occupied isolation
areas. (1999 to 2001 edition)
2. Limitations of the use of dampers
in closed circuit cooling towers in place
of water bypass valves and piping. (1999
to 2001 edition)
3. Additions of insulation
requirements for buried ductwork. (1999
to 2001 edition)
4. Mapping of envelope requirements
to new climate zones (2001 to 2004
edition), which led to increased
stringency of envelope requirements.
5. Mapping of economizer
requirements to new climate zones
(2001 to 2004 edition), which led to
greater geographic expansion of
economizer requirements.
6. Addition of requirements for
ventilation fan controls. (2001 to 2004
edition)
7. Lowered size range for part-load fan
power limitation. (2001 to 2004 edition)
8. Addition of requirements for heat
pump pool heaters. (2001 to 2004
edition)
9. Complete replacement of interior
lighting power density allowances.
(2001 to 2004 edition)
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
10. Revised exterior lighting power
density allowances. (2001 to 2004
edition)
11. Addition of occupancy sensor
requirements for classrooms, meeting,
and lunch rooms. (2001 to 2004 edition)
12. Lower retail sales lighting power
allowance. (2001 to 2004 edition)
13. New exit sign wattage
requirement. (2001 to 2004 edition)
Note that the majority of positive
impacts are associated with addenda
processed to create the 2004 edition.
Overall, the positive impacts outweigh
the negative impacts in a simple
numerical comparison.
IV. Filing Certification Statements With
DOE
A. Review and Update
On the basis of today’s DOE
determination, each State is required to
certify to DOE that it reviewed and
updated, as necessary, the provisions of
its commercial building code to meet or
exceed the provisions of the 2004
edition. (42 U.S.C. 6833(b)(2)(B)(i)) This
action must be taken not later than two
years from the date of today’s notice,
unless an extension is provided.
The Department recognizes that some
States do not have a State commercial
building code or have a code that does
not apply to all commercial buildings. If
local building codes regulate
commercial building design and
construction rather than a State code,
the State must provide for review and
update of those local codes to meet or
E:\FR\FM\30DEN1.SGM
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79874
Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Notices
exceed the 2004 edition. States may
base their certifications on reasonable
actions by units of general purpose local
government. Each such State must still
review the information obtained from
the local governments and gather any
additional data and testimony for its
own certification.
States should be aware that the
Department considers high-rise (greater
than three stories) multi-family
residential buildings and hotel, motel,
and other transient residential building
types of any height as commercial
buildings for energy code purposes.
Consequently, commercial buildings, for
the purposes of certification, would
include high-rise (greater than three
stories) multi-family residential
buildings and hotel, motel, and other
transient residential building types of
any height.
pwalker on PROD1PC71 with NOTICES
B. Certification
Section 304(b) of ECPA requires each
State to certify to the Secretary of
Energy that it has reviewed and updated
the provisions of its commercial
building code regarding energy
efficiency to meet or exceed the 2004
edition. The certification must include a
demonstration that the provisions of its
commercial building energy code
regarding energy efficiency meet or
exceed Standard 90.1–2004. If a State
intends to certify that its commercial
building code already meets or exceeds
the requirements of Standard 90.1–2004,
the State should provide an explanation
of the basis for this certification, e.g.,
Standard 90.1–2004 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, such as the Director of the
State energy office, State code
commission, utility commission, or
equivalent State agency having primary
responsibility for commercial building
codes, should provide the certification
to the Secretary. Such a designated State
official could also provide the
certifications regarding the codes of
units of general purpose local
government based on information
provided by responsible local officials.
C. Request 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 more of the
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00:29 Dec 30, 2008
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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.
D. Submittals
When submitting any certification
documents in response to this notice,
the Department requests that the
original documents be accompanied by
one copy of the same.
V. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of today’s determination.
Issued in Washington, DC, on December
12, 2008.
Steven G. Chalk,
Deputy Assistant Secretary for Renewable
Energy, Office of Technology Development,
Energy Efficiency and Renewable Energy.
[FR Doc. E8–30975 Filed 12–29–08; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. CP07–417–005]
Texas Gas Transmission, LLC; Notice
of Amendment
December 19, 2008.
Take notice that on December 15,
2008, Texas Gas Transmission, LLC
(Texas Gas), 3800 Frederica Street,
Owensboro, Kentucky 42301, filed an
amendment, pursuant to section 7(c) of
the Natural Gas Act, to its existing
authorization issued to Texas Gas by the
Commission on May 2, 2008.1
Specifically, Texas Gas is requesting
authorization to construct, own and
operate a second directional drill
crossing of the Little Red River in White
County, Arkansas, utilizing the original
36-inch pipeline design already
authorized, all as more fully set forth in
the application which is on file with the
Commission and open for public
inspection. This filing is available for
review at the Commission in the Public
Reference Room or may be viewed on
the Commission’s Web site at https://
www.ferc.gov using the ‘‘eLibrary’’ link.
Enter the docket number excluding the
last three digits in the docket number
field to access the document. For
assistance, please contact FERC Online
Support at
1 Texas Gas Transmission, LLC, 123 FERC
¶ 61,118 (2008).
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
FERCOnlineSupport@ferc.gov or toll
free at (866) 208–3676, or for TTY,
contact (202) 502–8659.
Any questions regarding this
Application should be directed to Kathy
D. Fort, Manager of Certificates and
Tariffs, Texas Gas Transmission, LLC,
3800 Frederica Street, Owensboro,
Kentucky 42301 or by telephone at 270–
688–6825 or fax at 270–688–5871.
Pursuant to section 157.9 of the
Commission’s rules, 18 CFR 157.9,
within 90 days of this Notice the
Commission staff will either: complete
its environmental assessment (EA) and
place it into the Commission’s public
record (eLibrary) for this proceeding, or
issue a Notice of Schedule for
Environmental Review. If a Notice of
Schedule for Environmental Review is
issued, it will indicate, among other
milestones, the anticipated date for the
Commission staff’s issuance of the final
environmental impact statement (FEIS)
or EA for this proposal. The filing of the
EA in the Commission’s public record
for this proceeding or the issuance of a
Notice of Schedule for Environmental
Review will serve to notify federal and
state agencies of the timing for the
completion of all necessary reviews, and
the subsequent need to complete all
federal authorizations within 90 days of
the date of issuance of the Commission
staff’s FEIS or EA.
There are two ways to become
involved in the Commission’s review of
this project. First, any person wishing to
obtain legal status by becoming a party
to the proceedings for this project
should, on or before the below listed
comment date, file with the Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426,
a motion to intervene in accordance
with the requirements of the
Commission’s Rules of Practice and
Procedure (18 CFR 385.214 or 385.211)
and the Regulations under the NGA (18
CFR 157.10). A person obtaining party
status will be placed on the service list
maintained by the Secretary of the
Commission and will receive copies of
all documents filed by the applicant and
by all other parties. A party must submit
14 copies of filings made with the
Commission and must mail a copy to
the applicant and to every other party in
the proceeding. Only parties to the
proceeding can ask for court review of
Commission orders in the proceeding.
However, a person does not have to
intervene in order to have comments
considered. The second way to
participate is by filing with the
Secretary of the Commission, as soon as
possible, an original and two copies of
comments in support of or in opposition
to this project. The Commission will
E:\FR\FM\30DEN1.SGM
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Agencies
[Federal Register Volume 73, Number 250 (Tuesday, December 30, 2008)]
[Notices]
[Pages 79868-79874]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30975]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Docket No. EERE-2006-BC-0132]
Building Energy Standards Program: Determination Regarding Energy
Efficiency Improvements in the Energy Standard for Buildings, Except
Low-Rise Residential Buildings, ANSI/ASHRAE/IESNA Standard 90.1-2004
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of determination.
-----------------------------------------------------------------------
SUMMARY: The Department of Energy (DOE) today determines that the 2004
edition of the Energy Standard for Buildings, Except Low-Rise
Residential Buildings, American National Standards Institute (ANSI)/
American Society of Heating, Refrigerating and Air-Conditioning
Engineers (ASHRAE) Illuminating Engineering Society of North America
(IESNA) Standard 90.1-2004, (Standard 90.1-2004) would achieve greater
energy efficiency in buildings subject to the code, than the 1999
edition (Standard 90.1-1999 or the 1999 edition). The quantitative
analysis of the energy consumption of buildings built to Standard 90.1-
2004, as compared with buildings built to Standard 90.1-1999, indicates
national source energy savings of approximately 13.9 percent of
commercial building energy consumption. Site energy savings are
estimated to be approximately 11.9 percent. As a result of this
positive determination regarding Standard 90.1-2004, each State is
required to certify that it has reviewed the provisions of its
commercial building code regarding energy efficiency, and updated, as
necessary, its code to meet or exceed Standard 90.1-2004. This Notice
provides guidance to States on Certifications, and Requests for
Extensions of Deadlines for Certification Statements.
DATES: Certifications and Requests for Extensions of Deadlines, with
regard to Standard 90.1-2004, are due at DOE on or before December 30,
2010.
ADDRESSES: Certifications or Requests for Extensions of Deadlines
should be directed to the Assistant Secretary for Energy Efficiency and
Renewable Energy, Office of Building Technology Assistance, EE-42, 1000
Independence Avenue, SW., Washington, DC 20585-0121. Envelopes or
packages should be labeled, ``State Certification of Commercial
Building Codes Regarding Energy Efficiency''. The Technical
[[Page 79869]]
Support Document for this determination can be accessed at https://
www.energycodes.gov/implement/determinations_com.stm.
FOR FURTHER INFORMATION CONTACT: Mr. Ronald B. Majette, U.S. Department
of Energy, Office of Energy Efficiency and Renewable Energy, Forrestal
Building, Mail Station EE-2J, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121, 202-586-7935.
SUPPLEMENTARY INFORMATION:
I. Introduction
A. Statutory Requirements
B. Background
1. Publication of Standard 90.1-2004
2. Analysis Methodology
3. DOE Response to Comments on Previous Analysis
C. Summary of the Comparative Analysis
1. Quantitative Analysis
2. Detailed Textual Analysis
D. Determination Statement
II. Results of Quantitative Analysis
III. Discussion of Detailed Textual Analysis
IV. Filing Certification Statements With DOE
A. Review and Update
B. Certification
C. Request for Extensions
D. Submittals
V. Approval of the Office of the Secretary
I. Introduction
A. Statutory Requirements
Title III of the Energy Conservation and Production Act, as amended
(ECPA), establishes requirements for the Building Energy Efficiency
Standards Program. (42 U.S.C. 6831 et seq.) 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 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 two 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)) The 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 (in this case, Standard 90.1-2004). (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 a positive determination. (42 U.S.C.
6833(b)(2)(B)(ii)) On July 15, 2002, the Secretary published a
determination updating the reference code to Standard 90.1-1999. 67 FR
46464. DOE held a workshop and accepted comments on the methodology for
making a determination and in the final determination, DOE addressed
concerns raised as to the methodology relied upon in the determination.
ECPA also 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))
B. Background
1. Publication of Standard 90.1-2004
The American Society of Heating, Refrigerating and Air-Conditioning
Engineers (ASHRAE) and the Illuminating Engineering Society of North
America (IESNA) approved the publication of the 2004 edition of Energy
Standard for Buildings Except Low-rise Residential Buildings, in June
2004 and July 2004, respectively.
The Standard was developed under American National Standards
Institute approved consensus standard procedures. Standard 90.1 is
under continuous maintenance by a Standing Standard Project Committee
(SSPC) for which the ASHRAE Standard Committee has established a
documented program for regular publication of addenda or revisions,
including procedures for timely, documented, consensus action on
requests for change to any part of the standard. The American National
Standards Institute (ANSI) approves addenda prior to their publication
by ASHRAE and IESNA and therefore prior to their inclusion in a new
version of Standard 90.1. ANSI approved the final addendum for
inclusion in Standard 90.1-2004 on August 5, 2004. The 2004 edition was
published in December 2004.
2. Analysis Methodology
In arriving at a determination, the Department first reviewed all
significant changes between the 1999 edition and the 2004 edition of
Standard 90.1, including those changes made between the 1999 edition
and the 2001 edition (ANSI/ASHRAE/IESNA Standard 90.1-2001). Standard
90.1 is complex and covers a broad spectrum of the energy related
components and systems in buildings ranging from simple storage
buildings to complex hospitals and laboratories. The size of buildings
addressed range from those smaller than single family homes to the
largest buildings in the world. The approach to development of the
standard was not changed from that used for the 1999 edition, with no
changes to the scope or the way components are defined. The 2004
edition was reorganized to improve usability and new climate zones were
utilized in place of the climate bins used in Standard 90.1-1999. We
concluded that because no significant changes were made to the
structure, scope, or component definitions of Standard 90.1, the same
methodology used for the analysis of Standard 90.1-1999 could be
utilized for the analysis of Standard 90.1-2004. Based on this, DOE
determined it was unnecessary to hold a public workshop and seek
comment on the analysis methodology, as was done on for the analysis of
Standard 90.1-1999.
DOE did not conduct a formal determination of energy savings on the
2001 edition. Initial review of the changes made in the 2001 edition
indicated that while the changes typically improved the usability and
understandability of the text, the only changes that could
quantitatively be compared were estimated to result in negative energy
savings. These changes, primarily to slab edge insulation requirements
in cool and cold climates, were estimated to have a minor impact in
terms of energy efficiency in buildings at the national level, but no
simulation was made to quantify the impact. All changes made between
the 1999 and 2001 editions are included in this determination for the
2004 edition.
3. DOE Response to Comments on Previous Analysis
DOE did not conduct a workshop on the analysis relied upon in this
determination because DOE relied on the same methodology as in the
Standard 90.1-1999 determination. DOE previously sought comment on this
analysis and responded to comments received in the Standard 90.1-1999
determination. 67 FR 46464. DOE re-reviewed the comments and data
submitted regarding issues raised in the comparative analysis of
Standard 90.1-1989 and Standard 90.1-1999. The more significant
comments are discussed below.
[[Page 79870]]
We have attempted to keep the comparative analysis of Standard
90.1-1999 and Standard 90.1-2004 as close as possible to the previous
analysis comparing Standard 90.1-1989 and Standard 90.1-1999. As
acknowledged in the previous analysis, we recognize that, given the
numerous assumptions required to simulate the potential impact of the
new standard, reasonable minds could differ over both the specific
model employed and over the assumptions used in those models. We
recognized previous cautions about the complexity of the problem and
magnitude of alternative compliance approaches in the standard.
We recognize that our methodology for the purpose of a simple yes/
no determination is inadequate for determining an absolute
quantification of energy savings estimates associated with using
Standard 90.1-2004 and make no such claim for the analysis on which
this determination relies. DOE did perform a quantitative analysis that
included many of the changes in Standard 90.1-2004 that can be modeled,
but this quantitative analysis is not able to accurately quantify all
the likely effects of the new standard.
We continue to believe that our comparison should rely on both
quantitative and qualitative comparisons. While quantitative estimates
of energy savings are indeed a much preferred method of comparison, it
is not always possible to simulate or provide appropriate weighting to
many features in Standard 90.1 and therefore we will continue to note
changes that individually, or in net, result in increased energy
efficiency, even where they could not be accurately quantified. States
can use this information when upgrading their energy codes.
We continue to believe that the analysis of whether the standard
will improve energy efficiency in commercial buildings should, to the
extent possible, reflect the changes in the minimum requirements of
each standard. However, in assessing the impact of those requirements,
we believe that the fundamental buildings designs considered, including
construction types, lighting designs, operation, and equipment design
and usage characteristics should be based on a realistic estimate of
current construction. We believe that we have done this in our
analysis.
As in the previous determination for Standard 90.1-1999, DOE did
not include analysis of potential changes in equipment market share in
its analysis. Potentially, different levels of cost increases between
specific component types serving the same base need within the
construction market (e.g. masonry wall construction versus frame wall
construction or space heating boilers versus furnaces) could result in
market shifts which could impact, in some cases negatively, overall
energy consumption within commercial buildings. In general, the
Department does not have the data or the tools to examine the potential
elasticity between markets and does not believe it is required to do so
to assess whether a revision to the standard will improve energy
efficiency in commercial buildings. The Department will consider
quantitative data regarding the impact of market switching on its
Determination only if there is sufficient evidence to believe that the
likely impact of market switches would be a reduction in energy
efficiency due to the revised standard taken as a whole.
We have continued to use new construction square footage data
extracted from the Energy Information Administration's National Energy
Modeling System, as the basis for our analysis. For this analysis, we
used data from the years 2006 to 2015.
Consistent with the previous determination analysis, DOE compared
versions of Standard 90.1 ``as a whole'' and did not issue
determinations for individual addenda. 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
90.1-2004, then that revised or successor standard triggers the
Secretary's obligation to issue a determination as to whether the
revised standard improves energy efficiency. This determination is made
by comparing the revised or successor standard to the last predecessor
standard.
While it is true that the addenda process is part of the ongoing
maintenance of the standard and thus continually modifies or revises
the existing standard over time, it would be an unreasonable reading of
the statute to categorize each addenda in this maintenance process as a
``revised or successor standard'' within the meaning of Section
304(b)(2) of ECPA, so as to require a determination by the Secretary.
Such an interpretation of the statute would put an unreasonable burden
both on the States and DOE. For the States, a determination by the
Secretary requires some State action, and what is required depends upon
whether the Secretary issues an affirmative or a negative
determination. If the Secretary were required to issue a determination
after each addenda was published, the States would be constantly
required to change their codes. This would affect the stability and
certainty of State commercial building codes. DOE believes that
Congress could not have intended this result.
We continue to believe that DOE's responsibility is to determine
whether or not the new version of Standard 90.1 will improve energy
efficiency, and not whether the measures are technologically feasible
and economically justified. The statutory language in 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)) The Secretary must
publish a notice of this determination in the Federal Register. The
language does not require that DOE perform an independent economic
analysis as part of the determination process. Section 304(b) of ECPA
does not include any reference to language concerning economic
justification.
However, Congress did address consideration of the technological
feasibility and cost effectiveness of the Voluntary Building Energy
Codes be considered. Section 307 of ECPA requires DOE to participate in
the ASHRAE process and to assist in determining the cost effectiveness
and technical feasibility of the ASHRAE standard. (42 U.S.C. 6836) It
also 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))
Unlike Section 307 of ECPA which specifically includes language
concerning economic justification, Section 304 of ECPA omits any
reference to economic justification. ``It is generally presumed that
Congress acts intentionally and purposefully where it includes
particular language in one section of a statute but omits it in another
section.'' Bates v. United States, 522 U.S. 23, 29-30 (1997).
Accordingly, the statutory scheme cannot be read to require an economic
analysis as part of the determination process in Section 304(b) of
ECPA.
The fact that the Section 304 of ECPA determination process does
not require the Secretary to perform an economic analysis does not
diminish the importance that the ASHRAE standards be technologically
feasible and economically justified. However, it appears that Congress
assumed that
[[Page 79871]]
these issues would be addressed by stakeholders in the development of
the standard and through DOE's active participation in the ASHRAE
process itself. The language of Section 307 of ECPA delineates DOE as
one participant in the process, however DOE is not the ultimate
decision maker regarding provisions of revisions to the ASHRAE
standard.
Accordingly, for all of these reasons, DOE has determined that it
is not required to perform an economic analysis as part of its
determination process in Section 304 of ECPA.
We continue to use a scaling approach to building modeling, as
opposed to the use of specific buildings. We believe that by using a
scaling approach, we can assess the impact of building envelope changes
over a broad range of building sizes. The size selection of the
prototype used for scaling is near the median square footage for most
building categories.
As in the Standards 90.1-1999 determination, the quantitative
comparison of whole-building lighting requirements is the methodology
used and we addressed space-by-space requirements and supplemental or
additional lighting power allowances in our detailed textual analysis.
This was an issue in the previous comparison of Standard 90.1-1989 and
Standard 90.1-1999. 64 FR 46473. Standard 90.1-1999 and Standard 90.1-
2004 have virtually identical additional lighting power allowance
requirements, with the exception that the text of Standard 90.1-2004
includes clarification that the additional lighting power allowance for
retail displays is based on the area of the specific display and not on
the floor area surrounding the display. The difficulty in incorporating
this into a quantitative analysis is obtaining data on the size of
display areas. DOE has collected information on display areas with
dedicated lighting systems from a sample of retail buildings in
Richland, Kennewick, and Pasco, Washington. The results of this survey
indicate that there is a wide range of additional lighting power
allowance that would be considered appropriate under either the 1999 or
2004 editions, depending on the amount of display area. However, the
results from this admittedly small survey indicate that the variation
is correlated highly with the type of retail establishment (convenience
store, department store, specialty store, etc). DOE does not know of
any source of data that could be used to provide an overall weighting
of the retail sector by these specific types and therefore has chosen
not to include this information in the quantitative analysis.
We again considered comments to the analysis of the Standard 90.1-
1999 determination that we should use DOE 2.1 as the basis of the
energy simulations, and we also considered whether or not we should use
the new EnergyPlus simulation software for this determination. In the
interests of comparing this analysis with the analysis done previously
for Standard 90.1-1999, we choose to continue to use the existing BLAST
software tool. The use of EnergyPlus in this determination was rejected
for three reasons. First, the previous analysis of Standard 90.1-1999
had been conducted in BLAST and DOE wished to use as similar a process
as possible for this analysis. Second, DOE did not have a set of
building prototypes in EnergyPlus that could have been used for this
analysis. DOE did develop a set of prototypes, but these were not
available until November 2008. Third, DOE believes that the use of
BLAST (and the existing methodology) may facilitate public review of
this analysis by interested stakeholders.
C. Summary of the Comparative Analysis
We carried out both a broad quantitative analysis and a detailed
textual analysis of the differences between the requirements and the
stringencies in the 1999 and the 2004 editions.
1. Quantitative Analysis
The quantitative comparison of energy codes was done using whole-
building energy simulations of buildings built to each standard. We
simulated seven representative building types in 11 representative U.S.
climates. Note that only differences between requirements applied to
new buildings were considered in this quantitative analysis. Changes in
requirements in the 2004 edition that pertain to existing buildings are
addressed in the detailed textual analysis. The simulations were based
on a 15 zone building prototype used in previous DOE building research.
Simulated Energy Use Intensities (EUI) for each zone were scaled to
reflect variations in building size and shapes for each representative
building type. Energy use intensities developed for each representative
building type were weighted by total national square footage of each
representative building type to provide an estimate of the difference
between the national energy use in buildings constructed to both
editions.\1\
---------------------------------------------------------------------------
\1\ A more detailed explanation is located in the Standard 90.1-
2004 Technical Support Document available at https://
www.energycodes.gov/implement/determinations_com.stm.
---------------------------------------------------------------------------
Both the 2004 and 1999 editions address additions and renovations
to existing buildings. Since DOE found insufficient data to permit us
to accurately quantify the effects of these aspects of the standards,
we chose not to address the impacts on existing buildings in this
analysis.
The quantitative analysis of the energy consumption of buildings
built to Standard 90.1-2004, as compared with buildings built to
Standard 90.1-1999, indicates national source energy savings of
approximately 13.9 percent of commercial building energy consumption.
Site energy savings are estimated to be approximately 11.9 percent.
These figures represent a conservative estimate of energy savings.
We also performed a detailed analysis of the differences between
the textual requirements and stringencies of the two editions of
Standard 90.1 in the scope of the Standard, the building envelope
requirements, the building lighting and power requirements, and the
building mechanical equipment requirements.
2. Detailed Textual Analysis
The emphasis of our detailed requirement and stringency analysis
was on looking at the specific changes that ASHRAE made in going from
Standard 90.1-1999 to Standard 90.1-2004. ASHRAE publishes changes to
their standards as addenda to the preceding standard and then bundles
all the addenda together to form the next edition. ASHRAE processed 34
addenda to Standard 90.1-1999 to create Standard 90.1-2001. ASHRAE also
processed 31 addenda to Standard 90.1-2001 to create Standard 90.1-
2004. All told, 65 addenda were evaluated by DOE in preparing this
Determination.
Each standard has multiple ways to demonstrate compliance. We
compared the prescriptive requirements for each standard as we believe
that this approach represents the most common approach to using the
standard in question for most buildings.\2\
---------------------------------------------------------------------------
\2\ A more detailed explanation is located in the Standard 90.1-
2004 Technical Support Document available at https://
www.energycodes.gov/implement/determinations_com.stm.
---------------------------------------------------------------------------
D. Determination Statement
The Department's review and evaluation found that there are
significant differences between the 1999 edition and the 2004 edition.
Our overall conclusion is that the 2004 edition will improve the energy
efficiency of commercial buildings. However, we found a number of
[[Page 79872]]
changes in textual requirements and stringencies that will decrease
energy efficiency. Overall, we concluded the changes in textual
requirements and stringencies are ``positive,'' in the sense that they
will improve energy efficiency in commercial construction. Our
quantitative analysis shows, nationally, new building efficiency should
improve by almost 13.4 percent, looking at source energy, and by almost
11.1 percent, when considering site energy. While both the 1999 and
2004 edition cover existing buildings, the reduction in lighting power
allowance and the relatively high frequency of lighting retrofits in
commercial buildings should improve the efficiency of existing building
stock. DOE has therefore concluded that Standard 90.1-2004 receive an
affirmative determination under Section 304(b) of the Energy
Conservation and Production Act.
II. Results of Quantitative Analysis
Tables 1 and 2 show the aggregated energy use and associated energy
savings by building type for the seven categories analyzed and on an
aggregated national basis for the 1999 and 2004 editions, respectively.
For each edition the building floor area weight, used to calculate the
building energy or cost use intensity, is presented. The electric and
gas building energy use intensity is presented for each type analyzed,
electric being predominate in all types. Site energy use intensities
ranged from over 125 thousand Btu per square foot annually for the Food
Service type to approximately 27 thousand Btu per square foot annually
for the Warehouse type. Source energy use intensities have similar
ranges but vary in quantitative order from site energy intensities.
Building energy cost intensities are also presented.
Table 1--Modeled Energy Use Intensity by Building Type--1999 Edition
--------------------------------------------------------------------------------------------------------------------------------------------------------
Building type Whole building EUI data for building population (kBtu/sf-yr or $/sf-yr)
Building type floor area -------------------------------------------------------------------------------
weight Electric EUI Gas EUI Site EUI Source EUI $UI
--------------------------------------------------------------------------------------------------------------------------------------------------------
Assembly................................................ 0.061 54.68 27.39 82.08 203.23 1.62
Education............................................... 0.155 31.33 16.85 48.18 117.72 0.96
Food Service............................................ 0.035 97.40 28.32 125.72 339.25 2.68
Lodging................................................. 0.091 40.93 11.53 52.46 142.16 1.14
Office.................................................. 0.189 42.66 4.89 47.55 140.25 1.11
Retail.................................................. 0.277 46.07 3.56 49.63 149.54 1.18
Warehouse............................................... 0.191 18.63 8.65 27.29 68.49 0.56
National................................................ .............. 39.75 9.89 49.64 136.59 1.09
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2--Modeled Energy Use Intensity by Building Type--2004 Edition
--------------------------------------------------------------------------------------------------------------------------------------------------------
Building type Whole building EUI data for building population (kBtu/sf-yr or $/sf-yr)
Building type floor area -------------------------------------------------------------------------------
weight Electric EUI Gas EUI Site EUI Source EUI $UI
--------------------------------------------------------------------------------------------------------------------------------------------------------
Assembly................................................ 0.061 47.13 28.18 75.32 180.24 1.45
Education............................................... 0.155 27.12 16.94 44.06 104.52 0.86
Food Service............................................ 0.035 89.33 28.99 118.32 314.51 2.49
Lodging................................................. 0.091 31.82 13.33 45.15 115.37 0.93
Office.................................................. 0.189 37.49 4.88 42.37 123.90 0.98
Retail.................................................. 0.277 38.71 3.57 42.28 126.30 1.00
Warehouse............................................... 0.191 14.30 8.29 22.59 54.40 0.45
National................................................ .............. 33.67 10.07 43.75 117.60 0.94
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3 presents the estimated percent energy savings between the
1999 and 2004 editions. Overall, considering those differences that can
be reasonably quantified, the 2004 edition will increase the energy
efficiency of commercial buildings. Numbers in Table 3 represent
percent energy savings, thus negative numbers represent increased
energy use. There is an increase in gas EUI for all building types
except warehouse. This is attributable to the decrease in lighting
power density in all building types, which leads to both an increase in
cooling energy and an increase in heating energy.
Table 3--Estimated Percent Energy Savings With 1999 Edition--By Building Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percent savings in whole building energy use intensity
Building type Building type -------------------------------------------------------------------------------
national wt. Electric EUI Gas EUI Site EUI Source EUI $UI
--------------------------------------------------------------------------------------------------------------------------------------------------------
Assembly................................................ 0.061 13.8 -2.9 8.2 11.3 11.0
Education............................................... 0.155 13.4 -0.5 8.5 11.2 10.9
Food Service............................................ 0.035 8.3 -2.4 5.9 7.3 7.1
Lodging................................................. 0.091 22.3 -15.6 13.9 18.8 18.4
Office.................................................. 0.189 12.1 0.1 10.9 11.7 11.6
Retail.................................................. 0.277 16.0 -0.3 14.8 15.5 15.4
Warehouse............................................... 0.191 23.2 4.2 17.2 20.6 20.2
National................................................ .............. 15.3 -1.8 11.9 13.9 13.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 79873]]
III. Discussion of Detailed Textual Analysis
All 65 addenda processed by ASHRAE in the creation of Standard
90.1-2004 from Standard 90.1-1999 were evaluated by DOE for their
impact on energy efficiency. DOE determined whether that addenda would
have a positive, neutral, or negative impact on overall building
efficiency. Table 4 shows the number of positive and negative changes
for each section of Standard 90.1. Note that number of changes listed
adds up to 73, indicating that some addenda covered more than one
section.
Table 4--Results of Textual Analysis by Section of Standard 90.1
----------------------------------------------------------------------------------------------------------------
Number of Number of
Number of positive Number of negative
Section of standard changes made (energy neutral (no (energy
to section saving) energy saving) increasing)
changes changes changes
----------------------------------------------------------------------------------------------------------------
Title, Purpose, and Scope....................... 0 0 0 0
Definitions..................................... 2 0 2 0
Administration and Enforcement.................. 3 0 3 0
Envelope........................................ 11 11 8 2
HVAC Equipment and Systems...................... 27 7 16 5
Service Water Heating........................... 3 0 3 0
Power........................................... 1 0 1 0
Lighting........................................ 14 5 9 0
Energy Cost Budget.............................. 5 0 5 0
Normative and Informative References............ 7 0 7 0
---------------------------------------------------------------
Overall......................................... \2\ 73 13 54 7
----------------------------------------------------------------------------------------------------------------
\1\ The impact of the single positive envelope change greatly outweighs the impact of the two negative envelope
changes.
\2\ The overall number of changes is more than the total number of addenda due to the fact that some addenda
covered more than one section of the standard.
The results of the textual analysis indicate that the majority of
changes (54 of the total of 73 listed) were neutral. These include
editorial changes, changes to reference standards, changes to
alternative compliance paths, and other changes to the text of the
standard that may improve the usability of the standard, but do not
generally improve or degrade the energy efficiency of buildings. There
were 13 changes that were evaluated as having a positive impact on
energy efficiency and 7 changes that were evaluated as having a
negative impact on energy efficiency.
The 7 negative impacts on energy efficiency are:
1. Reduction of slab on grade insulation requirements for northern
U.S. and Alaska. (1999 to 2001 edition)
2. Relaxation of heated slab on grade insulation requirement in
northern U.S. and Alaska. (1999 to 2001 edition)
3. Reduction of motorized damper leakage requirements for most of
the continental U.S. (1999 to 2001 edition)
4. Removal of requirements for motorized dampers on small-medium
system HVAC systems. (1999 to 2001 edition)
5. Removal of performance requirements for balancing to 10% of
design flow rates. (1999 to 2001 edition)
6. Relaxed requirements limiting volume of air reheated or re-
cooled in supply air systems. (1999 to 2001 edition)
7. Expansion of Exhaust Air Energy Recovery exceptions to
additional commercial kitchen hoods. (2001 to 2004 edition)
Note that the majority of negative impacts are associated with
addenda processed in the creation of the 2001 edition. These addenda
were the main reason that a formal determination was not done on
Standard 90.1-2001.
The 13 positive impacts on energy efficiency include:
1. Removed explicit allowance for supply air into non-occupied
isolation areas. (1999 to 2001 edition)
2. Limitations of the use of dampers in closed circuit cooling
towers in place of water bypass valves and piping. (1999 to 2001
edition)
3. Additions of insulation requirements for buried ductwork. (1999
to 2001 edition)
4. Mapping of envelope requirements to new climate zones (2001 to
2004 edition), which led to increased stringency of envelope
requirements.
5. Mapping of economizer requirements to new climate zones (2001 to
2004 edition), which led to greater geographic expansion of economizer
requirements.
6. Addition of requirements for ventilation fan controls. (2001 to
2004 edition)
7. Lowered size range for part-load fan power limitation. (2001 to
2004 edition)
8. Addition of requirements for heat pump pool heaters. (2001 to
2004 edition)
9. Complete replacement of interior lighting power density
allowances. (2001 to 2004 edition)
10. Revised exterior lighting power density allowances. (2001 to
2004 edition)
11. Addition of occupancy sensor requirements for classrooms,
meeting, and lunch rooms. (2001 to 2004 edition)
12. Lower retail sales lighting power allowance. (2001 to 2004
edition)
13. New exit sign wattage requirement. (2001 to 2004 edition)
Note that the majority of positive impacts are associated with
addenda processed to create the 2004 edition. Overall, the positive
impacts outweigh the negative impacts in a simple numerical comparison.
IV. Filing Certification Statements With DOE
A. Review and Update
On the basis of today's DOE determination, each State is required
to certify to DOE that it reviewed and updated, as necessary, the
provisions of its commercial building code to meet or exceed the
provisions of the 2004 edition. (42 U.S.C. 6833(b)(2)(B)(i)) This
action must be taken not later than two years from the date of today's
notice, unless an extension is provided.
The Department recognizes that some States do not have a State
commercial building code or have a code that does not apply to all
commercial buildings. If local building codes regulate commercial
building design and construction rather than a State code, the State
must provide for review and update of those local codes to meet or
[[Page 79874]]
exceed the 2004 edition. States may base their certifications on
reasonable actions by units of general purpose local government. Each
such State must still review the information obtained from the local
governments and gather any additional data and testimony for its own
certification.
States should be aware that the Department considers high-rise
(greater than three stories) multi-family residential buildings and
hotel, motel, and other transient residential building types of any
height as commercial buildings for energy code purposes. Consequently,
commercial buildings, for the purposes of certification, would include
high-rise (greater than three stories) multi-family residential
buildings and hotel, motel, and other transient residential building
types of any height.
B. Certification
Section 304(b) of ECPA requires each State to certify to the
Secretary of Energy that it has reviewed and updated the provisions of
its commercial building code regarding energy efficiency to meet or
exceed the 2004 edition. The certification must include a demonstration
that the provisions of its commercial building energy code regarding
energy efficiency meet or exceed Standard 90.1-2004. If a State intends
to certify that its commercial building code already meets or exceeds
the requirements of Standard 90.1-2004, the State should provide an
explanation of the basis for this certification, e.g., Standard 90.1-
2004 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, such as the Director of the State energy
office, State code commission, utility commission, or equivalent State
agency having primary responsibility for commercial building codes,
should provide the certification to the Secretary. Such a designated
State official could also provide the certifications regarding the
codes of units of general purpose local government based on information
provided by responsible local officials.
C. Request 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 more 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.
D. Submittals
When submitting any certification documents in response to this
notice, the Department requests that the original documents be
accompanied by one copy of the same.
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of today's
determination.
Issued in Washington, DC, on December 12, 2008.
Steven G. Chalk,
Deputy Assistant Secretary for Renewable Energy, Office of Technology
Development, Energy Efficiency and Renewable Energy.
[FR Doc. E8-30975 Filed 12-29-08; 8:45 am]
BILLING CODE 6450-01-P