Fossil Fuel-Generated Energy Consumption Reduction for New Federal Buildings and Major Renovations of Federal Buildings, 63404-63419 [2010-25852]
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63404
Proposed Rules
Federal Register
Vol. 75, No. 199
Friday, October 15, 2010
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF ENERGY
10 CFR Parts 433 and 435
[Docket No. EERE–2010–BT–STD–0031]
RIN 1904–AB96
Fossil Fuel-Generated Energy
Consumption Reduction for New
Federal Buildings and Major
Renovations of Federal Buildings
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking.
AGENCY:
The U.S. Department of
Energy (DOE) is publishing this notice
of proposed rulemaking to implement
provisions of the Energy Conservation
and Production Act, as amended by the
Energy Independence and Security Act
of 2007 that require DOE to establish
revised performance standards for the
construction of all new Federal
buildings, including commercial
buildings, multi-family high-rise
residential buildings and low-rise
residential buildings. The provisions in
this notice of proposed rulemaking
specifically address the reduction of
fossil fuel-generated energy
consumption in new Federal buildings
and Federal buildings undergoing major
renovations. This proposed rule also
addresses how agencies other than the
General Services Administration (GSA)
may petition DOE for a downward
adjustment of the requirements if they
believe meeting the full fossil fuelgenerated energy consumption
reduction level is technically
impracticable in light of the specified
functional needs for that building.
DATES: Public comments on this
proposed rule will be accepted until
December 14, 2010. DOE will hold a
public meeting on Friday, November 12,
2010, from 9 a.m. to 5 p.m., in
Washington, DC. Interested persons who
wish to speak at the public meeting
should e-mail or phone Ms. Brenda
Edwards by 4:30 p.m., Friday, October
29, 2010. DOE must receive a signed
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SUMMARY:
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original and an electronic copy of
statements to be given at the public
meeting before 4 p.m., Friday,
November 5, 2010. Additionally, DOE
plans to conduct the public meeting via
webinar. You can attend the public
meeting via webinar, and registration
information, participant instructions,
and information about the capabilities
available to webinar participants will be
published on the Building Energy Codes
Program’s Web site https://
www.energycodes.gov/events/doe/
fossil_fuels.stm, and/or on the Federal
Energy Management Program’s Web site
https://www1.eere.energy.gov/femp/
regulations/notices_rules.html.
Participants are responsible for ensuring
their systems are compatible with the
webinar software.
DOE will accept comments, data, and
information regarding this notice of
proposed rulemaking (NOPR) before and
after the public meeting, but no later
than December 14, 2010. If you submit
information that you believe to be
exempt by law from public disclosure,
you should submit one complete copy,
as well as one copy from which the
information claimed to be exempt by
law from public disclosure has been
deleted. DOE is responsible for the final
determination with regard to disclosure
or nondisclosure of the information and
for treating it accordingly under the
DOE Freedom of Information
regulations at 10 CFR 1004.11.
ADDRESSES: You may submit comments,
identified by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: FossilFuelReduct-2010STD-0031@ee.doe.gov. Include EERE–
2010–BT–STD–0031 and/or RIN 1904–
AB96 in the subject line of the message.
• Postal Mail: Ms. Brenda Edwards,
U.S. Department of Energy, Building
Technologies Program, Mailstop EE–2J,
Fossil Fuel-Generated Energy
Consumption Reduction for New
Federal Buildings and Major
Renovations of Federal Buildings EERE–
2010–BT–STD–0031 and/or RIN 1904–
AB96, 1000 Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–9138. Please
submit one signed paper original. Due to
the potential delays in DOE’s receipt
and processing of mail sent through the
U.S. Postal Service, DOE encourages
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respondents to submit comments
electronically to ensure timely receipt.
• Hand Delivery/Courier: Brenda
Edwards, U.S. Department of Energy,
Office of Energy Efficiency and
Renewable Energy, Building
Technologies Program, EE–2J, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121.
Instructions: All submissions must
include the agency name and docket
number or Regulatory Information
Number (RIN) for this rulemaking.
Docket: For access to the docket to
read background documents or
comments received by DOE, go to the
U.S. Department of Energy, Forrestal
Building, Room 5E–080 (Resource Room
of the Federal Energy Management
Program), 1000 Independence Avenue,
SW., Washington, DC, (202) 586–9127,
between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
Please call Brenda Edwards at (202)
586–2945 for additional information
regarding visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT:
Margo Appel, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Program, EE–2J, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121, (202) 586–
9495, e-mail: margo.appel@hq.doe.gov,
or Ami Grace-Tardy, U.S. Department of
Energy, Office of the General Counsel,
Forrestal Building, GC–71, 1000
Independence Avenue, SW.,
Washington, DC 20585, (202) 586–5709,
e-mail: ami.grace-tardy@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Discussion of Proposed Rule
III. Reference Resources
IV. Regulatory Review
V. Approval by the Office of the Secretary
I. Background
Section 305 of the Energy
Conservation and Production Act
(ECPA) established energy conservation
requirements for Federal buildings (42
U.S.C. 6834). Section 433(a) of the
Energy Independence and Security Act
of 2007 (Pub. L. 110–140) (EISA)
amended section 305 of ECPA and
directed that DOE establish regulations
that revised Federal building energy
efficiency performance standards to
require that ‘‘[f]or new Federal buildings
and Federal buildings undergoing major
renovations, with respect to which the
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Administrator of General Services is
required to transmit a prospectus to
Congress under section 3307 of Title 40,
in the case of public buildings (as
defined in section 3301 of Title 40), or
of at least $2,500,000 in costs adjusted
annually for inflation for other
buildings,’’ the ‘‘buildings shall be
designed so that the fossil fuelgenerated energy consumption of the
buildings is reduced as compared with
such energy consumption by a similar
building in fiscal year 2003 (as
measured by Commercial Buildings
Energy Consumption Survey or
Residential Energy Consumption Survey
data from the Energy Information
Agency), by’’ specific graduated
percentages ranging from 55 percent to
100 percent over a specified period of
time beginning in fiscal year 2010 and
ending in fiscal year 2030 (42 U.S.C.
6834(a)(3)(D)(i)(I)).
In addition, ECPA as amended by
EISA permits DOE upon petition by an
agency subject to the statutory
requirements, to adjust the applicable
numeric reduction requirement
‘‘downward with respect to a specific
building, if the head of the agency
designing the building certifies in
writing that meeting such requirement
would be technically impracticable in
light of the agency’s specified functional
needs for that building and’’ DOE
concurs with the agency’s conclusion
(42 U.S.C. 6834(a)(3)(D)(i)(II)). ECPA as
amended by EISA further directs that
such an adjustment does not apply to
GSA (42 U.S.C. 6834(a)(3)(D)(i)(II)).
Today’s proposed rule on fossil fuelgenerated energy consumption
reduction proposes to amend certain
portions of 10 CFR parts 433 and 435,
the regulations governing energy
efficiency in Federal buildings.
Additionally, DOE published a
proposed rule on sustainable design
standards for new Federal buildings on
May 28, 2010 (75 FR 29933), which also
proposes to amend certain portions of
10 CFR parts 433 and 435. DOE has
already addressed some elements of
today’s proposed rule in the sustainable
design proposed rule. Specifically,
overlapping elements of both proposed
rules are the definitions of ‘‘new Federal
building’’ and ‘‘major renovation.’’ The
proposed regulatory text in today’s
document would amend the current
regulatory text, without consideration of
amendments that may result from the
sustainable design rulemaking. If and
when these two rulemakings are
finalized, DOE will coordinate the final
regulatory text between the two
rulemakings.
In addition, there are a number of
statutory provisions, regulations,
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Executive Orders, and memorandums of
understanding that govern the
construction of new Federal buildings
or major renovations to Federal
buildings. These include, but are not
limited to, Executive Order 13514 (74
FR 52117); sections 323, 433, 434, and
523 of the Energy Independence and
Security Act 2007 (Pub. L. 110–140);
Executive Order 13423 (72 FR 3919); the
Guiding Principles for Federal
Leadership in High Performance and
Sustainable Buildings originally
adopted in the Federal Leadership in
High Performance and Sustainable
Buildings MOU; section 109 of the
Energy Policy Act of 2005 (Pub. L. 109–
58); and 10 CFR parts 433 and 435. If
made final, the proposed rule would not
supersede other applicable legal
requirements for new Federal buildings
or major renovations to Federal
buildings.
II. Discussion of Proposed Rule
A. Overview
The proposed rule would establish
revised Federal building energy
efficiency performance standards for
achieving the reductions in fossil fuelgenerated energy consumption as listed
in ECPA as amended by EISA (42 U.S.C.
6834(a)(3)(D)(i)(I)). The proposed rule
would also clarify which building types
are covered by the standards and which
building types are excluded. The
proposed rule establishes a
methodology for compliance, including
calculation of the maximum allowable
fossil fuel-generated energy
consumption based on building type,
and how fossil fuel consumption
resulting from electricity usage should
be considered. Today’s proposed rule
would also establish procedures for
agencies to petition DOE for downward
adjustment of the applicable percentage
reduction requirement.
B. Scope of Proposed Rule
Section 305(a)(3) of ECPA as amended
directs DOE to establish regulations that
require fossil fuel-generated energy
consumption reductions be applied to a
subset of new Federal buildings and
Federal buildings undergoing major
renovation. (42 U.S.C.
6834(a)(3)(D)(i)(I)) A building is in the
subset of new Federal buildings and
Federal buildings undergoing major
renovations if the building is:
• A public building as defined in 40
U.S.C. 3301,1 for which the
1 Under 40 U.S.C. 3301(5) ‘‘public building’’ is a
building, whether for single or multitenant
occupancy, and its grounds, approaches, and
appurtenances, which is generally suitable for use
as office or storage space or both by one or more
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Administrator of General Services is
required to transmit a prospectus to
Congress under U.S.C. Title 40, section
3307, or
• A building and major renovation for
which the construction project cost is at
least $2,500,000 (in 2007 dollars,
adjusted for inflation using U.S.
Department of Labor Producer Price
Indexes).
DOE notes that the definition of
‘‘Federal building’’ was changed in
statute, and DOE is addressing that
definition and the definition of ‘‘new
Federal building’’ in a separate
rulemaking. (42 U.S.C. 6832(6)) The
statute now defines ‘‘Federal building’’
to mean any building to be constructed
by, or for the use of, any Federal agency.
In the separate rulemaking DOE is
proposing that the term include
buildings built for the purpose of being
leased by a Federal agency, and
privatized military housing.
For the purpose of this rulemaking,
DOE would consider public buildings to
include buildings leased by a Federal
agency. DOE recognizes, however, that a
Federal agency may not have control
over the design of a renovation of a
leased building in which the agency is
a tenant. For the purpose of this
rulemaking, DOE considers major
renovations to be limited to those
renovations for which a Federal agency
has significant control over the
renovation design.
Additionally, DOE would consider
construction project costs to be those
costs for which the agency currently has
Federal agencies or mixed-ownership Government
corporations.
‘‘Public building’’ includes Federal office
buildings, post offices, customhouses, courthouses,
appraisers stores, border inspection facilities,
warehouses, record centers, relocation facilities,
telecommuting centers, similar Federal facilities,
and any other buildings or construction projects the
inclusion of which the President considers to be
justified in the public interest.
The definition does not include a building or
construction project that is on the public domain
(including that reserved for national forests and
other purposes); that is on property of the
Government in foreign countries; that is on Indian
and native Eskimo property held in trust by the
Government; that is on land used in connection
with Federal programs for agricultural, recreational,
and conservation purposes, including research in
connection with the programs; that is on or used in
connection with river, harbor, flood control,
reclamation or power projects, for chemical
manufacturing or development projects, or for
nuclear production, research, or development
projects; that is on or used in connection with
housing and residential projects; that is on military
installations (including any fort, camp, post, naval
training station, airfield, proving ground, military
supply depot, military school, or any similar facility
of the Department of Defense); that is on
installations of the Department of Veterans Affairs
used for hospital or domiciliary purposes; or the
exclusion of which the President considers to be
justified in the public interest.
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funding. That is, the $2,500,000
threshold would not include renovation
activities that potentially could occur in
future fiscal years. Generally,
construction project costs include
design, permitting, construction
(materials and labor), and
commissioning costs. Land and legal
costs would generally not be included.
DOE requests comment on this
definition of construction costs.
DOE is proposing that Federal
agencies would be required to comply
with the final rule starting one year from
the date of the final rule. As proposed,
covered buildings for which design for
construction begins on or after that
effective date must meet the
requirements established in this rule.
The one year period would provide
Federal agencies sufficient time to
revise new building designs prior to the
start of construction and would be
consistent with that the lead time
provided for the energy efficiency
performance standards for the
construction of all new Federal
buildings.
C. Fiscal Year Percentage Reductions
Section 305 of ECPA as amended by
EISA mandates that buildings subject to
this proposed rule be designed to reduce
fossil fuel-generated energy
consumption by 55 percent beginning in
fiscal year 2010, 65 percent beginning in
fiscal year 2015, 80 percent beginning in
fiscal year 2020, 90 percent beginning in
fiscal year 2025, and 100 percent
beginning in fiscal year 2030 (42 U.S.C.
6834(a)(3)(D)(i)(I)). DOE interprets this
table in the statute to mean that any
building whose design for construction
begins in the fiscal year specified in the
statute must be designed to achieve the
fossil fuel-generated energy
consumption reductions for that fiscal
year. DOE welcomes comments on this
interpretation. DOE interprets the fiscal
years listed in the statute as spans of
years for which the fossil fuel-generated
energy consumption reductions would
apply. For instance, the applicable
percentage reduction for fiscal year 2010
would apply for the time span of fiscal
year 2010 through fiscal year 2014. The
applicable percentage reduction for
fiscal year 2015 would apply for the
time span of fiscal year 2015 through
fiscal year 2019, and so on. DOE
welcomes comments on this
interpretation. Congress directed DOE to
establish a rule addressing these fossil
fuel-generated energy consumption
reductions beginning in fiscal year 2010.
DOE believes that the fossil fuelgenerated energy consumption
reductions do not apply to Federal
agencies until the regulations
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implementing the reductions are
finalized. Today’s proposed rule would
apply to buildings for which design for
construction begins at least one year
after the final rule is issued.
D. Methodology To Determine
Compliance
Section 305 of ECPA as amended by
EISA in part requires that the buildings
that are the subject of today’s proposed
rule be designed so that the fossil fuelgenerated energy consumption of the
buildings is reduced, as compared with
such energy consumption by a similar
building in fiscal year 2003 (as
measured by Commercial Buildings
Energy Consumption Survey or
Residential Energy Consumption Survey
data from the Energy Information
Agency), by the percentages specified in
Section 305 of ECPA. (42 U.S.C.
6834(a)(3)(D)(i)(I)).
Determine Baseline Fossil FuelGenerated Energy Consumption of
Similar Building
To determine whether a building
meets the numeric fossil fuel reduction
requirements specified by ECPA as
amended by EISA, it is necessary to
establish a baseline against which the
reductions can be measured. For
purposes of this proposed rulemaking,
the statute establishes the baseline to be
energy consumption data from
Commercial Buildings Energy
Consumption Survey (CBECS) for
commercial buildings and Residential
Buildings Energy Consumption Survey
(RECS) for residential buildings. The
CBECS and RECS data, which can be
found at https://www.eia.doe.gov/emeu/
cbecs/contents.html and at https://
www.eia.doe.gov/emeu/recs/
contents.html, are based on actual
reported energy use over a large sample
of buildings, normalized for size to
thousands of British thermal units per
square foot of floor space (kBtu/ft2).
ECPA as amended by EISA requires
that the buildings subject to this
proposed rule be designed so that the
fossil fuel-generated energy
consumption of the buildings is reduced
as compared with energy consumption
data of a similar building in fiscal year
2003 as measured by CBECS or RECS
(42 U.S.C. 6834(a)(3)(D)(i)(I)). The
limited number of buildings surveyed
by CBECS and RECS data does not
always allow for a direct estimate of
building energy use by climate zone and
building type because there are only a
few surveyed buildings that fit into
some building type/climate zone
groups. DOE believes, however, that a
climate adjustment is necessary to
provide reasonable baselines. Therefore,
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DOE is developing fossil fuel-generated
energy requirements based on building
type using CBECS or RECS data, and
then applying a climate adjustment
using the climate zones defined in the
baseline energy efficiency standards at
10 CFR parts 433 and 435. This ensures
that new Federal buildings will have to
achieve reductions commensurate to a
baseline appropriate for their respective
climate zone, rather than to a national
average that does not account for the
impacts of the local climate on the
energy use of a specific building. DOE
solicits comment on the best technique
for calculating the climate adjustment
for the different building types.
Note that ECPA as amended by EISA
makes no distinction between fossil
fuels such as natural gas, petroleum,
and coal for purposes of the required
fossil fuel-generated reductions
addressed in today’s rule. DOE
recognizes that some fossil fuels have
higher CO2 emission factors than other
fossil fuels, with coal being the highest
and natural gas being the lowest. While
the statute does not specifically direct
DOE to consider variation in fossil fuels
for purposes of this rulemaking, it does
not prohibit DOE from doing so. With
this in mind, DOE seeks public
comment on whether all fossil fuels
should be treated equally or whether
each should be treated differently based
on CO2 emission factors or some other
factor.
Commercial Buildings Baseline—CBECS
ECPA as amended by EISA requires
that the fossil fuel-generated energy
consumption of new Federal buildings
and Federal buildings undergoing major
renovations be compared to that of
similar buildings in fiscal year 2003 as
measured by CBECS or RECS data (42
U.S.C. 6834(a)(3)(D)(i)(I)). The most
recent available CBECS data is from a
CBECS survey that was conducted in
2003.
As discussed in the previous section,
for purposes of establishing a baseline,
DOE is developing a baseline based on
building type, as defined by CBECS,
with a climate adjustment as discussed
previously. In the CBECS data, Column
G of the following table, https://
www.eia.doe.gov/emeu/cbecs/
cbecs2003/detailed_tables_2003/
2003set9/2003excel/c3.xls, lists the
energy use per square foot of various
groups of buildings. Note that in CBECS
documents, the phrases building type
and principal building activity are used
interchangeably. For the sake of
consistency, this document only uses
the phrase building type.
It should be noted that DOE has
commissioned an analysis of the 2003
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CBECS data by building type and
climate zone, and the results may be
found in the report Methodology for
Modeling Building Energy Performance
Across the Commercial Sector by the
National Renewable Energy Laboratory
(NREL/TP–550–41956 2008) at https://
apps1.eere.energy.gov/buildings/
publications/pdfs/
commercial_initiative/
energy_use_intensity_targets.pdf.
Examination of Table 4 in the analysis
DOE commissioned indicates the
insufficient sample size of the CBECS
data when both building type and
climate zone are used to characterize
building energy consumption. DOE’s
analysis produced often erratic and
large variation in kBtu/ft2 by building
type across the different climate zones
and even across similar climate zones,
indicating an insufficient sample size.
For this reason, DOE is performing
additional analysis and processing of
the CBECS data with the goal of
producing CBECS-based requirements
by building type and climate zone, with
the climate zones as defined in the
baseline standard for 10 CFR part 433
(ANSI/ASHRAE/IESNA Standard 90.1–
2004).
One issue that arises with the use of
this CBECS data is what to do with
buildings that are split into multiple
building types. It is quite common to
find buildings that are a combination of
warehouse and office, or warehouse and
retail, or education and office, or
laboratory and office, or some other
combination of building types. Today’s
proposed rule will offer agencies the
option to perform a building areaweighted average in order to determine
the appropriate baseline level of fossil
fuel-generated energy consumption.
This process is described in 10 CFR
433.4(e) of the proposed rule.
CBECS does not provide data on total
fossil fuel-generated energy
consumption in buildings. However,
fossil fuel-generated energy
consumption can be calculated from
CBECS data by using the following
equation:
Fossil fuel-generated energy
consumption = Direct consumption
of fossil fuels in the building plus
the amount of electrical energy
consumption that is generated from
fossil fuels
The 2003 CBECS lists direct
consumption of fossil fuels in Table C1
(https://www.eia.doe.gov/emeu/cbecs/
cbecs2003/detailed_tables_2003/
2003set9/2003excel/c1.xls) in columns
labeled natural gas and fuel oil. The
2003 CBECS also identifies both the
primary electrical energy, which is the
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total energy used to generate and
transmit electricity to a building, and
the energy content of the electricity
consumed in the building. In CBECS
energy consumption data, the primary
electrical energy required to generate
and transmit electricity to the point of
use in a building is roughly three times
the energy content of the electricity
itself. The fraction of electricity
generated from fossil fuels on a
nationwide basis, referred to in this
document as the fossil fuel generation
ratio, is calculated from data in Table
2.1 of the Energy Information
Administration (EIA) 2008 Electric
Power Annual Report (https://
www.eia.doe.gov/cneaf/electricity/epa/
epat2p1.html) by summing the electric
generation from coal, petroleum, natural
gas, and other gases (derived from fossil
fuels) and then dividing by the total
electric generation. The fossil fuel
generation ratio changes each year.
Because ECPA as amended by EISA
requires that the fossil fuel-generated
energy consumption in new buildings
and those undergoing major renovations
be compared to that of similar buildings
in fiscal year 2003, the 2003 fossil fuel
generation ratio must be used in order
to calculate the baseline fossil fuelgenerated energy consumption levels.
For 2003, the fossil fuel generation ratio
was 0.71, meaning that about 71% of all
electricity in the United States is
generated from fossil fuels.
The approach taken in today’s
rulemaking to estimate the fossil fuel
consumption associated with electricity
consumption applies the national
average contribution of fossil fuel to
electricity generation. This approach
would result in reductions in electricity
consumption being treated the same
across all geographic areas, and would
not reflect regional variations in the
contribution of fossil fuels to electricity
generation. DOE is considering a
regional approach to establishing the
average fossil fuel fraction associated
with building energy use. Prior to
reaching a conclusion regarding the use
of national or regional averages of fossil
fuel inputs to the electric sector, DOE
will evaluate both approaches and both
average and marginal factors to
determine their likely effects on agency
decision-making and their ability to
provide an accurate indication of the
likely impacts of reductions in Federal
agency electricity use on the use of
fossil fuels in the electric sector. For
example, the use of national average
fossil fuel inputs to electric sector
(rather than regional averages) may
provide a better indication of the actual
fossil fuel reductions likely to result
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from reductions in electricity use.
Reductions in future electricity demand
are likely to cause electric utilities to
reduce the power supplied by those
electricity generation units or sources
that have the highest marginal costs.
Over both the short and long run, the
types of power generation that have the
highest marginal costs are more likely to
be fossil fuel units than those powered
by nuclear, hydropower or other
renewable energy sources. This is likely
to be true in all regions of the country,
regardless of their current or projected
reliance on fossil fuels to generate
electricity. Regional marginal fossil fuel
reduction factors may also be
appropriate. DOE invites comments on
whether it should use a national or
regional approach and average or
marginal factors to estimate the fossil
fuel consumption associated with
electricity consumption, taking into
consideration the potential implications
on agency decision-making and actual
fossil fuel use.
The fossil fuel-generated energy
consumption baseline column in Table
1 below is calculated directly from
Table C1 in the 2003 CBECS. For each
building type, the primary electrical
energy is multiplied by the fossil fuel
generation ratio then added to the direct
fossil fuel consumption to get the total
fossil fuel-generated consumption for
that particular building type. The total
fossil fuel consumption is then divided
by the total floorspace for that building
type to get the fossil fuel-generated
energy consumption, as reported in
Table 1 below. DOE is proposing
building type definitions based largely
on the CBECS glossary, with some
minimal modifications for regulatory
clarity. DOE requests comment on the
building type definitions.
The baselines provided in Table 1 do
not currently reflect any adjustment for
climate-related variations in building
energy use. As discussed elsewhere in
this proposed rule, DOE believes a
climate adjustment is necessary to
provide reasonable baselines, and DOE
is seeking comment on this issue. In a
final rule, DOE intends to update the
values provided in Table 1 for climate.
Residential Buildings Baseline—RECS
ECPA as amended by EISA requires
that the fossil fuel-generated energy
consumption of new Federal buildings
and Federal buildings undergoing major
renovations be compared to that of
similar buildings in fiscal year 2003 as
measured by CBECS or RECS data (42
U.S.C. 6834(a)(3)(D)(i)(I)). Residential
Energy Consumption Surveys (RECS)
were conducted in 2001 and 2005; there
is no data for 2003. Because the 2005
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RECS data is the most recently available
data at the time of this proposed
rulemaking, DOE expects to use the
2005 RECS data as a baseline.
As with the CBECS data for
commercial buildings, the limited
number of buildings surveyed by RECS
data does not always allow for a direct
calculation of building energy use by
climate zone and building type without
additional analysis. DOE believes,
however, that a climate adjustment is
necessary to provide more reasonable
baselines. DOE, therefore, proposes to
establish fossil fuel-generated energy
requirements based on building type
using RECS data, and then apply a
climate adjustment using the climate
zones defined in the baseline energy
efficiency standard at 10 CFR part 435
(the 2004 IECC). This ensures that new
Federal buildings will have to achieve
reductions commensurate to a baseline
appropriate for their respective climate
zone, rather than to a national average
baseline that is either too cold or too
warm for their particular needs. DOE
solicits comment on the best technique
for calculating the climate adjustment
for the different building types.
The 2005 RECS lists direct
consumption of fossil fuels by
households in Table US9 available at
https://www.eia.doe.gov/emeu/recs/
recs2005/hc2005_tables/c&e/excel/
tableus9.xls in columns labeled natural
gas, fuel oil, kerosene, and LPG. To
calculate the total fossil fuel-generated
energy consumption per household for
each type of housing unit, the direct
fossil fuel consumption per household
and fossil fuel consumption for
electricity consumption per household
are summed, using the same factors to
determine the fossil fuel fraction of
residential electricity consumption that
was used for commercial buildings. The
total fossil fuel-generated energy
consumption per household is then
divided by the average floorspace for
each type of housing unit. The average
floor space for each type of housing unit
can be found at https://www.eia.doe.gov/
emeu/recs/recs2005/c&e/summary/
excel/tableus1part1.xls. This calculation
produces the fossil fuel use per square
foot for each type of housing unit. The
results can be found in the baseline
column of Table 2 below. DOE is
proposing building type definitions
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based largely on the RECS glossary, with
some minimal modifications for
regulatory clarity. For example, the 2005
RECS data includes values for
‘‘manufactured homes’’ although the
RECS glossary does not define
‘‘manufactured homes’’ but does define
‘‘mobile home.’’ DOE requests comment
on the building type definitions.
The baselines provided in Table 2 do
not currently reflect any adjustment for
climate-related variations in building
energy use. As discussed elsewhere in
this proposed rule, DOE believes a
climate adjustment is necessary to
provide reasonable baselines, and DOE
is seeking comment on this issue. In a
final rule, DOE intends to update the
values provided in Table 2 for climate.
When using Table 2, it is important to
note a shortcoming of RECS data for use
in performance standards for Federal
buildings. The shortcoming is that RECS
data is collected on a per household
basis and does not include energy use
in common areas. As a result, the value
for fossil fuel-generated energy
consumption per square foot of
floorspace shown in Table 2 only
accounts for the non-common areas of
these buildings. DOE considered
accounting for common area energy use
in the requirements, but RECS does not
collect that data. To resolve this issue,
DOE proposes applying the RECSderived fossil fuel requirements to all
applicable floorspace, including
common and non-common areas. The
benefits of this approach are that it is
relatively simple and will not make it
more difficult for building designers to
show compliance. Because common
areas account for a small fraction of
floorspace, the effect on the requirement
will be minimal. Also, common areas
often have a lower energy intensity, so
by using only non-common areas the
maximum allowable fossil fuelgenerated energy requirement will, if
anything, be slightly higher. DOE
welcomes comments on this approach
or other specific approaches that could
be used to develop the RECS-derived
requirements.
Calculation of Maximum Allowable
Fossil Fuel-Generated Energy
Consumption
Once the baseline fossil fuelgenerated energy consumption from the
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2003 CBECS and 2005 RECS has been
determined, the consumption reduction
requirements as specified in ECPA as
amended by EISA should be calculated.
Again, although the baselines provided
in Tables 1 and 2 do not currently
reflect any adjustment for climaterelated variations in building energy
use, DOE is developing fossil fuelgenerated energy requirements based on
building type using CBECS or RECS
data, and then applying a climate
adjustment. In a final rule, DOE intends
to update the values provided in Tables
1 and 2 for climate.
The requirements derived from
CBECS, which apply to commercial
buildings, are shown in Table 1. The
consumption reduction requirements
derived from RECS, which apply to both
multi-family high-rise residential
buildings and low-rise residential
buildings, are found in Table 2. In this
rulemaking DOE is proposing a revised
definition of ‘‘Multi-family high-rise
residential building,’’ largely based on
the definition at 10 CFR 434.201,
although the proposed definition
clarifies that multi-family high-rise
residential buildings are designed to be
four or more stories above grade.
As discussed above, Tables 1 and 2
show data only at the national level,
with national average values used for
the fossil fuel generation ratio of 0.71.
As discussed elsewhere in this rule,
DOE is considering and invites
comments on whether it should use a
national or regional approach and
average or marginal factors to estimate
the fossil fuel consumption associated
with electricity consumption.
For purposes of simplification, values
in these tables have been truncated to
the nearest kBtu/ft2. In today’s notice,
the fossil fuel-generated energy
consumption percentage reductions are
presented as maximum allowable fossil
fuel-generated energy consumption
levels. Because the figures are premised
on the proposed baseline values, the
percentage reductions equate to the
absolute values which are presented as
the maximum allowable values. For ease
of agency interpretation, the maximum
allowable approach was used in today’s
notice.
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TABLE 1—2003 CBECS FOSSIL FUEL-GENERATED ENERGY CONSUMPTION BASELINE AND MAXIMUM ALLOWABLE FOSSIL
FUEL-GENERATED ENERGY CONSUMPTION BY BUILDING TYPE AND FISCAL YEAR (FY), kBtu/ft2
FY 2012–2014
FY 2015–2019
FY 2020–2024
FY 2025–2029
FY 2030 and
beyond
55%
reduction
(kBtu/ft2)
65%
reduction
(kBtu/ft2)
80%
reduction
(kBtu/ft2)
90%
reduction
(kBtu/ft2)
100%
reduction
(kBtu/ft2)
Baseline
(kBtu/ft2)
Building type
Education .................................................
Food Sales ...............................................
Food Service ............................................
Health Care (Inpatient) ............................
Health Care (Outpatient) ..........................
Lodging ....................................................
Retail (Other Than Mall) ..........................
Office ........................................................
Public Assembly .......................................
Public Order and Safety ..........................
Religious Worship ....................................
Service .....................................................
Warehouse and Storage ..........................
126
387
404
313
148
148
126
160
125
146
62
113
66
57
174
182
141
67
67
57
72
56
66
28
51
30
44
135
141
109
52
52
44
56
44
51
22
40
23
25
77
81
63
30
30
25
32
25
29
12
23
13
13
39
40
31
15
15
13
16
12
15
6
11
7
0
0
0
0
0
0
0
0
0
0
0
0
0
TABLE 2—2005 RECS FOSSIL FUEL-GENERATED ENERGY CONSUMPTION BASELINE AND MAXIMUM ALLOWABLE FOSSIL
FUEL-GENERATED ENERGY CONSUMPTION BY TYPE OF HIGH-RISE OR LOW-RISE HOUSING UNIT, kBtu/ft2
FY 2012–2014
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Single-Family Detached ...........................
Single-Family Attached ............................
Multi-Family in 2–4 Unit Buildings ...........
Multi-Family in 5 or More Unit Buildings
Manufactured Homes ...............................
FY 2025–2029
FY 2030 and
beyond
55%
reduction
(kBtu/ft2)
65%
reduction
(kBtu/ft2)
80%
reduction
(kBtu/ft2)
90%
reduction
(kBtu/ft2)
100%
reduction
(kBtu/ft2)
59
66
105
94
115
DOE recognizes that the required
reductions identified in the above tables
for the years preceding FY 2030 may
change based on how climate and fossil
fuels are considered and characterized.
However, the FY 2030 requirement for
buildings to be designed such that the
fossil fuel-generated energy
consumption is zero would remain
unchanged.
Although ECPA as amended by EISA
requires that new Federal buildings and
Federal buildings undergoing major
renovations be designed so that fossil
fuel-generated energy consumption of
the buildings is reduced as compared
with such energy consumption by a
similar building in fiscal year 2003 (as
measured by CBECS and RECS), there
are some building types for which no
amount of processing of CBECS and
RECS data will yield an appropriate
baseline for comparison. Examples
might include industrialized or research
facilities. For purpose of determining
the Maximum Allowable Fossil Fuel
Energy Consumption for these buildings
not addressed by CBECS or RECS, DOE
proposes to use the ASHRAE’s
Performance Rating Method to
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FY 2020–2024
Baseline
(kBtu/ft2)
Building type
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27
30
47
42
52
21
23
37
33
40
determine the baseline energy
consumption for a new Federal
commercial or multi-family high-rise
residential building, and the IECC’s
Simulated Performance Alternative to
determine the baseline energy
consumption for a new Federal low-rise
residential building. DOE welcomes
input on this approach.
Calculation of Proposed Building Fossil
Fuel-Generated Energy Consumption
To determine compliance, DOE is
proposing that the fossil fuel-generated
energy consumption of the proposed
new Federal building or Federal
building undergoing major renovation
should be estimated using the
Performance Rating Method found in
Appendix G of ANSI/ASHRAE/IESNA
Standard 90.1–2004 for commercial and
multi-family high-rise residential
buildings, and the ICC International
Energy Conservation Code 2004
Supplement for low-rise residential
buildings. These are the same methods
already prescribed at 10 CFR parts 433
and 435, respectively. Because of the
complexity involved in estimating fossil
fuel-generated energy consumption, this
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12
13
21
19
23
6
7
11
9
12
0
0
0
0
0
compliance requirement effectively
requires the use of a whole building
simulation tool. Whole building
simulations are already performed today
for most medium- and large-sized
buildings to accurately estimate loads
for purposes of sizing HVAC equipment
for evaluating buildings under voluntary
industry building codes. The outputs
from these tools typically include site
energy usage for both electricity and
fossil fuel.
To compare the estimated fossil fuelgenerated energy consumption from the
whole-building simulation tool to the
maximum allowable fossil fuelgenerated energy consumption under
the statute, the designer should first
calculate the primary electrical energy
by multiplying the site electrical energy
(from the whole building simulation),
including receptacle and process loads,
by the electricity source energy factor.
The designer then calculates the fossil
fuel-generated electrical consumption
by multiplying the primary electrical
energy by the fossil fuel-generation
ratio. Finally, the designer must then
sum up the fossil fuel-generated
electrical consumption and any non-
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electrical fossil fuels directly used in the
proposed building (such as gas furnaces,
gas cooking stoves, gas water heaters,
etc.). The sum should be less than or
equal to the required fossil fuelgenerated energy consumption value for
the appropriate building type.
The electricity source energy factor is
the ratio of primary electrical energy
consumed to generate and deliver
energy to a site to the electrical energy
consumed on site. DOE is proposing
that the electricity source energy factor
would be calculated by dividing the
average utility delivery ratio in Table
6.2.4 of the DOE Building Energy Data
Book (https://
buildingsdatabook.eren.doe.gov/docs/
xls_pdf/6.2.4.xls) by 3412 to convert the
value from Btu/kWh to kWh/kWh. The
fossil fuel generation ratio would be
calculated using the EIA’s latest Electric
Power Annual report by summing the
electric generation from coal, petroleum,
natural gas, and other gases (derived
from fossil fuels) and then dividing by
the total electric generation.
DOE notes that the simulation
analysis requirement may be
burdensome for designers of some
buildings, particularly small buildings.
DOE also acknowledges that the
Advanced Energy Design Guides
(AEDGs) have been completed for a few
building types, including the most
significant commercial building types
and sizes, but the AEDGS are not
designed to achieve the reduction levels
necessary under this rule. DOE
welcomes comments on alternatives to a
whole building simulation to
demonstrate compliance of these
buildings with the requirements of this
proposed rulemaking. DOE also
welcomes comments on the calculations
methods discussed in this section.
Plug and Process Energy Consumption
EPACT 2005 as amended by EISA
requires that building be designed so
that the fossil fuel-generated energy
consumption of the buildings is reduced
as compared with such energy
consumption by a similar building as
measured by CBECS and RECS. All
building energy consumption, including
plug and process energy consumption,
is included in baseline CBECS and
RECS data, and thus is also factored into
the maximum allowable fossil fuelgenerated energy consumption.
Therefore, it is necessary that plug and
process loads also be included in the
fossil fuel-generated energy
consumption of the new Federal
building or Federal building undergoing
major renovations. This is consistent
with Table G3.1.12 in Appendix G,
Performance Rating Method, ASHRAE
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Standard 90.1–2004. DOE acknowledges
the difficulty of estimating plug and
process loads and that their inclusion
may make it more difficult to achieve
the mandated fossil fuel-generated
energy consumption reductions. DOE
welcomes comments on how the
proposed rule can be designed such that
the assumptions used in the whole
building simulations accurately reflect,
to the best degree possible, the final
building design and the operation of the
building, including plug and process
loads.
Purchase of Offsite Renewable Energy
In order to meet the maximum
allowable fossil fuel-generated energy
consumption requirements mandated by
ECPA as amended by EISA, fossil fuelgenerated energy consumption could be
offset with use of energy created from
other sources, including renewable
energy sources. DOE also recognizes
there may be physical limitations to the
amount of on-site renewable electricity
that can be produced, and it may be
more affordable in some cases for an
agency to purchase electricity from
centralized renewable energy-generation
facilities. As an example, ASHRAE
Standard 189.1–2009, ‘‘The Standard for
High-Performance Green Buildings,’’ has
an on-site renewable energy
requirement, but allows the use of
Renewable Energy Certificates as an
alternative to meet the requirement.
DOE is concerned however, that
purchase of renewable energy-generated
electricity via Renewable Energy
Certificates or direct Power Purchase
Agreements may simply reduce the
amount of renewable energy available
for purchase by other entities within the
U.S. and may not necessarily lead to an
overall decrease in domestic fossil fuelgenerated energy consumption. In
addition, unlike Power Purchase
Agreements, the purchase of Renewable
Energy Certificates does not involve a
long-term binding agreement and can
readily be cancelled. It should also be
noted that the use of Renewable Energy
Certificates is being phased out by
January 2012, as a way to meet the
renewable energy consumption levels
established under section 203 of EPACT
2005 and Executive Order 13423 (see
‘‘Renewable Energy Requirement
Guidance for EPACT 2005 and
Executive Order 13423,’’ available at:
https://www1.eere.energy.gov/femp/pdfs/
epact05_fedrenewenergyguid.pdf).
DOE is leaning toward allowing
Power Purchase Agreements with a
long-term contract to count toward
meeting the fossil fuel-generated energy
consumption reduction requirements,
but not allowing Renewable Energy
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Certificates. Under this approach,
agencies would be allowed to subtract
the annual electricity generated by the
renewable energy-generation facility
from the building’s annual site electrical
energy consumption. The building
designer would use this quantity, the
net site electrical energy consumption,
when calculating the building’s fossil
fuel-generated energy consumption. In
effect, the Power Purchase Agreements
would help agencies meet the fossil fuel
consumption requirements. DOE invites
comments on how Renewable Energy
Certificates and Power Purchase
Agreements should be addressed in the
context of this rulemaking. DOE also
invites comments on the proposed
approach with respect to Power
Purchase Agreements.
Potential Impact on Onsite Electrical
Generation From Natural Gas
DOE is interested in the effect of fossil
fuel-generated energy consumption
reduction requirements on distributed
energy technologies that provide onsite
electrical generation from natural gas
such as in power plants and combined
heat and power (CHP) systems. At
power plants and in CHP systems,
natural gas is used to generate both heat
and electricity. A building with a CHP
system could potentially be an all-gas
building in terms of utility purchases
and would therefore be required to
reduce natural gas consumption in
accordance with the fossil fuelgenerated energy consumption
reduction requirements. DOE’s intent is
to ensure the rule does not penalize or
discourage the use of on-site CHP
systems, and invites comments how
appropriate credit may be given for CHP
systems through the compliance
determination methodology.
E. Cost Analysis
Given the significant reductions in
fossil fuel-generated energy
consumption that would be required in
today’s proposed rulemaking, one
obvious question is how much will
compliance with this proposed rule
impact the cost of new Federal
construction and major renovations. The
answer to that question depends both on
the building type and type of housing
unit being constructed and the level of
fossil fuel-generated energy
consumption reduction that is required.
DOE commissioned a study by Pacific
Northwest National Laboratory in 2008
to look at the incremental costs of high
performance buildings. Cost data for
high performance buildings is fairly rare
and many times the costs for achieving
high levels of energy efficiency are
intermingled with the costs to achieve
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more sustainable design. That report
entitled, ‘‘Literature Review of Data on
the Incremental Costs to Design and
Build Low-Energy Buildings (Hunt, WD,
2008, PNNL–17502 and available at
https://www.pnl.gov/main/publications/
external/technical_reports/PNNL17502.pdf) came to the following key
findings as noted in the summary of the
document:
Key findings of this literature review are as
follows:
1. Objectively-developed and verifiable
data on the cost premium for low-energy
(high efficiency) buildings are very limited.
Most of the literature focused on green or
sustainable buildings, not on low-energy
buildings.
2. In cases where energy efficiency cost
data were available, the cost premiums
ranged from 1% to 7%. In most cases, the
cost premium was less than 4%.
3. Technology solutions are available right
now to achieve savings on the order of 30%
and more over ASHRAE Standard 90.1–2004;
however, cost-effectiveness of these
technology solutions is often not addressed.
4. Independent surveys administered to
assess the perceptions of building owners
and designers regarding the costs to build
and operate green/energy-efficient buildings,
and the willingness of owners/developers to
invest in green/energy-efficient buildings,
reveal some interesting common threads.
i. There is a perception that energyefficient/green buildings cost significantly
more to design (starting at a 5% premium)
and represent a key barrier with decision
makers.
ii. There seems to be a potential
willingness (as implied or measured through
survey responses) to build more energyefficient buildings for cost premiums below
5%.
In response to the third key finding
listed in the report, DOE began
calculating cost impacts for their work
associated with AEDGs. Cost impact
data are available in the technical
support document (TSD) of one
published ASHRAE AEDG for small
warehouses that are 30% better than
Standard 90.1–2004 and four TSDs
prepared by DOE for support of future
AEDGs that will achieve 50% savings
over Standard 90.1–2004. The four TSDs
are for medium offices, roadside
lodging, general retail, and grocery
stores. DOE expects to develop six
additional TSDs for small offices, large
offices, quick service restaurants, large
hospitals, university dormitories, and
K–12 schools in FY10. These additional
TSDs were not available at the time this
notice was prepared.
The available TSDs may be found at:
Small Warehouse (30% savings)—
63411
https://www.pnl.gov/main/publications/
external/technical_reports/PNNL17056.pdf. General Merchandise (50%
savings)—https://www.nrel.gov/docs/
fy09osti/46100.pdf. Grocery Stores (50%
savings)—https://www.nrel.gov/docs/
fy09osti/46101.pdf. Highway Lodging
Buildings (50% savings)—https://
www.pnl.gov/main/publications/
external/technical_reports/PNNL18773.pdf. Medium Office (50%
savings)—https://www.pnl.gov/main/
publications/external/technical_reports/
PNNL-19004.pdf.
Results from the cost analyses in three
of these TSDs—small warehouse,
highway lodging, and medium office—
are shown below in Table 3. Ranges in
the results are a function of climate
zone, with buildings in some climates
zones costing more or generating less
energy savings. Multiple HVAC systems
were evaluated for the 50% medium
office—a more efficient but more
expensive radiant system and a more
standard variable air volume (VAV)
system. It should be noted that all of the
buildings analyzed for the TSDs did
have increased first costs, but that the
energy savings provided relatively good
payback periods.
TABLE 3—COST EFFECTIVENESS ANALYSIS OF HIGHLY ENERGY EFFICIENT BUILDINGS
TSD
Building square footage
Incremental cost ($ per ft2)
Incremental cost (percentage
increase)
Simple payback on energy
savings (years)
Warehouse .............
Highway Lodging ...
Medium Office ........
50,000 ft2 .............................
43,000 ft2 .............................
53,600 ft2 .............................
1.88 to 3.56 .........................
7.58 to 10.85 .......................
5.47 to 9.03 (Radiant) 2.37
to 4.22 (VAV).
2.6% to 7% ...........................
8.4% to 8.7% ........................
5.4% to 7.0% (Radiant) 2.7%
to 3.9% (VAV).
6.0 to 13.5.
9.6 to 15.9.
5.6 to 11.1 (Radiant) 3.3 to
6.2 (VAV).
Consideration of the graduated levels
of fossil fuel-generated energy
consumption reduction listed in the
statute (55%, 65%, 80%, 90%, and
100%), coupled with the fact that a
percentage reduction is not directly
comparable to a 30% or 50% savings
over ASHRAE Standard 90.1–2004,
makes it hard to determine what level
of savings is associated with the 1% to
7% cost premiums cited in the PNNL
study (‘‘Literature Review of Data on the
Incremental Costs to Design and Build
Low-Energy Buildings,’’ Hunt, WD,
2008, PNNL–17502). Converting both
the requirements of this proposed
rulemaking and the simulated
performance of buildings built to 30%
better than ASHRAE Standard 90.1–
2004 to a common Energy Use Intensity
basis provides a better method of
comparison. Also note that the
comparison must be made on a similar
energy basis. Today’s proposed
rulemaking applies to fossil fuelgenerated energy consumption, which is
close to source energy, while results
from the TSDs are typically expressed in
site energy.
Table 4 shows the comparison of the
fossil fuel-generated energy
consumption reductions proposed in
this rulemaking to the fossil fuel
reductions achieved in the simulations
associated with two of the TSDs, the
medium office and highway lodging.
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TABLE 4—FOSSIL FUEL-GENERATED ENERGY CONSUMPTION PROPOSED IN TODAY’S RULEMAKING AND CALCULATED IN
SELECTED AEDGS
55% Fossil
fuel reduction
from CBECS
kBtu/ft2
Building type
65% Fossil
fuel reduction
from CBECS
kBtu/ft2
80% Fossil
fuel reduction
from CBECS
kBtu/ft2
72
72
67
56
56
52
32
32
30
Medium Office (Rad) .......................................................
Medium Office (VAV) ......................................................
Highway Lodging .............................................................
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Fossil fuel
reduction
calculated in
TSD kBtu/ft2
15OCP1
49.2
63.6
56.4
Incremental cost
(percentage
increase)
5.4% to 7.0%.
2.7% to 3.9%.
8.4% to 8.7%.
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Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Proposed Rules
Table 4 indicates that the estimated
cost savings from the 50% TSDs can be
used to support the fact that 55% fossil
fuel-generated energy consumption
reductions and perhaps even 65% fossil
fuel-generated energy consumption
reductions from CBECS will require cost
increases of no more than 8.7%. None
of the savings achieved in the 50%
TSDs approach the reduction mandated
at the 80% fossil fuel-generated energy
consumption reduction level, so the cost
estimates for that level of savings and
higher levels cannot be estimated.
With respect to residential buildings,
DOE does not anticipate that there will
be many low-rise residential buildings
that will fall under today’s proposed
rulemaking as most Federal low-rise
residential buildings are not likely to be
public buildings or buildings for which
construction costs are at least $2.5
million in 2007 dollars, which are
criteria that determine whether
buildings are subject to the
requirements in today’s proposed rule.
The only low-rise residential buildings
that might be considered to fall under
today’s proposed rule would be low-rise
military barracks, and those barracks are
best considered to be similar to the
dormitory or lodging building types
found in CBECS.
Using CBECS and RECS baselines
without a climate adjustment puts
buildings in colder climate zones at a
cost disadvantage because the nonadjusted baseline would be lower than
for one adjusted for climate. A nonadjusted baseline for colder climates
would require larger, more costly fossil
fuel-generated energy consumption
reductions. Conversely, using CBECS
and RECS baselines without a climate
adjustment provides a cost advantage to
buildings in warmer climate zones
because the baseline would be greater
than for one adjusted for climate. A nonadjusted baseline for warmer climates
would require smaller, less costly fossil
fuel-generated energy consumption
reductions.
However, adjusting for climate in both
the baseline and the required reduction
level would be expected to eliminate
potential regional inequity that could
result from climate variation and help
ensure that the fossil fuel-generated
energy consumption reductions are
commensurate to the climate zone.
Similarly, consideration of regional
variations in the fossil fuel contribution
to electricity is not expected to result in
substantial differences in the
compliance burden for buildings across
regions so long as regional variations are
also reflected in the baseline buildings.
If the regional values were used for both
the baseline building and the required
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reduction level, the burden of meeting
the percentage reductions would remain
roughly the same in all regions
(although regions with low fossil fuel
use in the electric sector might have to
find more savings in non-electric enduses).
DOE is seeking comment on a number
of issues related to the cost-effectiveness
of today’s proposed rule, especially any
construction cost increases for buildings
Federal agencies are in the process of
designing or have already built. DOE is
seeking comment on these cost impacts.
F. Agency Petitions for Adjustment to
the Percentage Reduction Requirement
ECPA as amended by EISA permits
DOE upon petition by an agency subject
to the statutory requirements to adjust
the applicable numeric fossil fuelgenerated energy consumption
percentage reduction requirement
‘‘downward with respect to a specific
building, if the head of the agency
designing the building certifies in
writing that meeting such requirement
would be technically impracticable in
light of the agency’s specified functional
needs for the building’’ and DOE
concurs with the agency’s conclusion.
(42 U.S.C. 6834(a)(3)(D)(i)(II)) ECPA as
amended by EISA further directs that
such an adjustment does not apply to
GSA.
Today’s action proposes that a
petition for downward adjustment of the
numeric requirement should include an
explanation of what measures would be
required to meet the fossil fuelgenerated energy consumption
reduction requirement, and why those
measures would be technically
impracticable in light of the agency’s
specified functional needs for the
building. DOE proposes that the petition
should also demonstrate that the
adjustment requested by the agency
represents the largest feasible reduction
in fossil fuel-generated energy
consumption that can reasonably be
achieved. DOE welcomes comments on
that proposal. Although the downward
adjustment provision of ECPA as
amended by EISA does not expressly
include cost considerations, DOE is
considering incorporating cost
considerations as part of a ‘‘technically
impracticable’’ determination. Cost
would not be the sole rationale for a
determination of ‘‘technically
impracticable,’’ but high costs could be
part of the evaluation. (42 U.S.C.
6834(a)(3)(D)). DOE also invites
comments that would help clarify what
kind of technical impracticability would
constitute grounds for a petition for
downward adjustment.
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The petition pursuant to ECPA as
amended by EISA should also include a
written certification statement by the
head of the agency designing the
building that meeting the fossil fuelgenerated energy consumption
reduction requirements would be
technically impracticable in light of the
agency’s specified functional needs for
that building. 42 U.S.C. 6834(D)(i)(II).
DOE notes that the statute exempts
GSA from the option to petition DOE for
a downward adjustment of the
applicable percentage reduction
requirement. However, DOE proposes
that a new Federal building or a Federal
building undergoing major renovations
for which a Federal agency is providing
substantive and significant design
criteria may be the subject of a petition.
Under this approach, a GSA building
that is designed to meet the
specifications provided by a tenant
agency may be considered for a
downward adjustment if a petition is
submitted by the head of the tenant
agency.
DOE will review petitions in a timely
manner. If the petitioning agency has
successfully demonstrated the need for
a downward adjustment per the
discussion above, DOE will concur with
the agency’s conclusion and notify the
agency in writing. If DOE does not
concur, it will forward its reasons to the
petitioning agency with suggestions as
to how the fossil fuel-generated energy
consumption percentage reduction
requirement may be achieved.
A petition for downward adjustment
of the numeric reduction, including any
supporting information, would be
addressed to: Margo Appel, Building
Technologies Program, U.S. Department
of Energy, 1000 Independence Avenue,
SW., Washington, DC 20585.
G. Guidance on Measures To Reduce
Fossil Fuel-Generated Energy
Consumption
Building energy efficiency solutions
involve advanced technologies,
integrated design principles, control
strategies and other tools. The
appropriate solution and the
effectiveness of each solution will vary
based on building type, building size,
and location. To successfully design a
high performance building, Federal
agencies must use a reputable,
experienced design team. There are an
increasing number of firms in all
locations that have designed high
performance buildings. The key to
successful design is identifying firms
with the requisite experience and skills,
adopting an integrated design process
that begins at the first phase of the
building project, and providing clear
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direction and quality control over the
firm’s work. DOE invites comment from
agencies as to what additional training
in this area might be helpful.
Numerous tools are available to help
Federal agencies achieve the required
fossil fuel reductions. DOE, in
conjunction with ASHRAE, has
developed a series of Advanced Energy
Design Guides to achieve 30 percent
reductions in energy use for several
types of small buildings (small office
buildings, small retail buildings, K–12
school buildings, small warehouses and
self-storage buildings, highway lodging,
and small hospitals and healthcare
facilities). DOE and ASHRAE are
working on 50 percent reduction
guidelines for several building types.
Additional tools and resources are
available through the EERE Web site.
DOE’s Building Technologies Program
maintains a database of highperformance buildings (available at
https://eere.buildinggreen.com).
Other resources include: The National
Institute of Building Sciences’ Whole
Building Design Guide; the U.S. Green
Building Council’s Leadership in Energy
and Environmental Design (LEED)
system; ASHRAE Standard 189.1–2009,
Standard for the Design of High
Performance Green Buildings Except
Low-Rise Residential Buildings; and the
International Code Council’s
International Green Construction Code
Public Version 1.0. DOE’s Federal
Energy Management Program (FEMP)
Web site provides access to these and
other resources and tools that can help
Federal agencies improve the energy
efficiency of new and existing buildings
(available at https://
www1.eere.energy.gov/femp/). DOE has
also published a cool roof resource
guide for Federal agencies, available at
https://www1.eere.energy.gov/femp/
features/cool_roof_resources.html. DOE
is also developing additional guidance
that provides technical and cost data
related to the installation of cool roofs.
H. Post-Construction Monitoring and
Reporting
ECPA as amended by EISA does not
contain any explicit post-construction
monitoring and reporting requirements.
Federal agencies, however, are
reminded of the monitoring, reporting,
and benchmarking requirements in
section 103 of the Energy Policy Act of
2005 (EPAct 2005) and section 432 of
EISA. FEMP has issued guidance for the
metering requirements in section 103 of
EPAct 2005 (available at https://
www1.eere.energy.gov/femp/pdfs/
adv_metering.pdf). FEMP has also
developed guidance for meeting EISA
section 432 requirements (available at
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https://www1.eere.energy.gov/femp/pdfs/
eisa_s432_guidelines.pdf). Finally,
FEMP has also issued additional
guidance on EISA section 432
benchmarking (available at https://
www.eere.energy.gov/femp/pdfs/
eisa_s432_guidelines.pdf).
FEMP has selected the Energy Star
Portfolio Manager as the required
building energy use benchmarking
system for Federal agencies. Additional
information on the use of Energy Star
Portfolio Manager, energy management,
and benchmarking in general may be
found on the EPA Energy Star Web site
at https://www.energystar.gov/
index.cfm?c=business.bus_index.
III. Reference Resources
DOE has prepared a list of resources
to help Federal agencies address the
reduction of fossil fuel-generated energy
consumption. The interim final rule on
energy efficiency published in the
Federal Register on December 4, 2006
(71 FR 70275) contains reference
resources for energy efficiency
improvement in building design. These
resources come in many forms such as
design guidance, case studies and in a
variety of media such as printed
documents or on Web sites. The
resources for energy efficiency
improvement will also provide guidance
for fossil fuel-based energy consumption
reduction.
IV. Regulatory Review
A. Review Under Executive Order 12866
Today’s notice of proposed
rulemaking has been determined to be a
significant regulatory action under
section 3(f)(1) of Executive Order 12866,
‘‘Regulatory Planning and Review,’’ 58
FR 51735 (October 4, 1993).
Accordingly, today’s action was
reviewed by the Office of Information
and Regulatory Affairs (OIRA) in the
Office of Management and Budget
(OMB).
B. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires 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,’’ (August 16, 2002),
DOE published procedures and policies
on February 19, 2003, to ensure that the
potential impacts of its rules on small
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63413
entities are properly considered during
the rulemaking process (68 FR 7990).
DOE has made its procedures and
policies available on the Office of
General Counsel’s Web site: https://
www.gc.doe.gov.
DOE has reviewed today’s proposed
rule under the provisions of the
Regulatory Flexibility Act and the
procedures and policies published on
February 19, 2003. Today’s proposed
rulemaking applies only to the fossil
fuel-generated energy consumption of
new Federal buildings and Federal
buildings undergoing major renovation.
As such, the only entities impacted by
this rulemaking would be Federal
agencies. DOE does not believe that
there will be any impacts on small
entities such as small businesses, small
organizations, or small governmental
jurisdictions.
On the basis of the foregoing, DOE
certifies that this proposed rule 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 rulemaking. 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).
C. Review Under the Paperwork
Reduction Act of 1995
This proposed rule will impose no
new information or record keeping
requirements. Accordingly, OMB
clearance is not required under the
Paperwork Reduction Act. (44 U.S.C.
3501 et seq.)
D. Review Under the National
Environmental Policy Act
The Department prepared a draft
Environmental Assessment (EA) (DOE/
EA–1463) pursuant to the Council on
Environmental Quality’s (CEQ)
Regulations for Implementing the
Procedural Provisions of the National
Environmental Policy Act (40 CFR parts
1500–1508), the National Environmental
Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321 et seq.), and DOE’s
NEPA Implementing Procedures
(10 CFR part 1021).
The draft EA addresses the potential
incremental environmental effects
attributable to the application of the
proposed rules. The draft EA has been
added to the docket for this rulemaking.
E. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (August 4, 1999), imposes
certain requirements on agencies
formulating and implementing policies
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or regulations that preempt State law or
that have federalism implications. The
Executive Order requires agencies 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
examined the proposed rule and
determined that it would not preempt
State law and would not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of Government. No further action
is required by Executive Order 13132.
F. Review Under Executive Order 12988
With respect to the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (February 7, 1996),
imposes on Executive agencies the
general duty to adhere to the following
requirements: (1) Eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation; and
(3) provide a clear legal standard for
affected conduct, rather than a general
standard and promote simplification
and burden reduction. With regard to
the review required by section 3(a),
section 3(b) of Executive Order 12988
specifically requires that Executive
agencies make every reasonable effort to
ensure that the regulation: (1) Clearly
specifies the preemptive effect, if any;
(2) clearly specifies any effect on
existing Federal law or regulation;
(3) provides a clear legal standard for
affected conduct, while promoting
simplification and burden reduction;
(4) specifies the retroactive effect, if any;
(5) adequately defines key terms; and
(6) addresses other important issues
affecting clarity and general
draftsmanship under any guidelines
issued by the Attorney General. Section
3(c) of Executive Order 12988 requires
Executive agencies to review regulations
in light of applicable standards in
section 3(a) and section 3(b) to
determine whether they are met or it is
unreasonable to meet one or more of
them. DOE has completed the required
review and determined that to the
extent permitted by law, this proposed
rule meets the relevant standards of
Executive Order 12988.
G. Review Under the 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
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on State, local, and Tribal governments.
For a proposed regulatory action likely
to result in a rule that may cause the
expenditure by State, local, and Tribal
governments, in the aggregate, or by the
private sector of $100 million or more
in any one year (adjusted annually for
inflation), section 202 of UMRA requires
a Federal agency to publish a written
statement that estimates the resulting
costs, benefits, and other effects on the
national economy. (2 U.S.C. 1532(a) and
(b)) The UMRA also requires a Federal
agency to develop an effective process
to permit timely input by elected
officers of State, local, and Tribal
governments on a proposed ‘‘significant
intergovernmental mandate,’’ and
requires an agency plan for giving notice
and opportunity for timely input to
potentially affected small governments
before establishing any requirements
that might significantly or uniquely
affect small governments. On March 18,
1997, DOE published a statement of
policy on its process for
intergovernmental consultation under
UMRA (62 FR 12820) (also available at
https://www.gc.doe.gov). This notice of
proposed rulemaking contains neither
an intergovernmental mandate nor a
mandate that may result in the
expenditure of $100 million or more in
any year, so these requirements under
the Unfunded Mandates Reform Act do
not apply.
H. Review Under the Treasury and
General Government Appropriations
Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any
proposed rule that may affect family
well-being. This proposed rule 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.
I. Review Under Executive Order 12630
DOE has determined, under Executive
Order 12630, ‘‘Governmental Actions
and Interference with Constitutionally
Protected Property Rights,’’ 53 FR 8859
(March 18, 1988), that this notice of
proposed rulemaking would not result
in any takings which might require
compensation under the Fifth
Amendment to the United States
Constitution.
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J. Review Under the Treasury and
General Government Appropriations
Act, 2001
The Treasury and General
Government Appropriations Act, 2001
(44 U.S.C. 3516, note) provides for
agencies to review most disseminations
of information to the public under
guidelines established by each agency
pursuant to general guidelines issued by
OMB. OMB’s guidelines were published
at 67 FR 8452 (February 22, 2002), and
DOE’s guidelines were published at 67
FR 62446 (October 7, 2002). DOE has
reviewed today’s proposed rule under
the OMB and DOE guidelines and has
concluded that it is consistent with
applicable policies in those guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to 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 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 proposed
rule would not have a significant
adverse effect on the supply,
distribution, or use of energy and,
therefore, is not a significant energy
action. Accordingly, DOE has not
prepared a Statement of Energy Effects.
V. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of today’s notice of
proposed rulemaking.
List of Subjects in 10 CFR Parts 433 and
435
Buildings and facilities, Energy
conservation, Engineers, Federal
buildings and facilities, Housing.
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Issued in Washington, DC, on September
30, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
For the reasons set forth in the
preamble, DOE proposes to amend
chapter II of title 10 of the Code of
Federal Regulations as set forth below:
PART 433—ENERGY EFFICIENCY AND
FOSSIL FUEL-GENERATED ENERGY
CONSUMPTION REDUCTION DESIGN
STANDARDS FOR NEW AND MAJOR
RENOVATIONS TO FEDERAL
COMMERCIAL AND MULTI-FAMILY
HIGH-RISE RESIDENTIAL BUILDINGS
1. The authority citation for part 433
continues to read as follows:
Authority: 42 U.S.C. 6831–6832, 6834–
6835; 42 U.S.C. 7101 et seq.
2. The heading for part 433 is revised
to read as set forth above.
3. Section 433.1 is revised to read as
follows:
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§ 433.1
Purpose and scope.
This part establishes an energy
efficiency performance and maximum
allowable fossil fuel-generated energy
consumption standard for new Federal
commercial and multi-family high-rise
residential buildings, for which design
for construction began on or after
January 3, 2007 (except as otherwise
indicated: fossil fuel-generated energy
consumption requirements are
applicable one year after publication of
the final rule), as required by section
305(a) of the Energy Conservation and
Production Act, as amended (42 U.S.C.
6834(a)). Additionally, this part
establishes certain requirements
applicable to major renovations of
Federal commercial and multi-family
high-rise residential buildings, as
indicated. For renovated buildings,
those requirements apply only to the
portions of the building or building
systems that are being renovated and to
the extent that the scope of the
renovation permits compliance with the
applicable requirements in this part.
Unaltered portions of the building or
building systems are not required to
comply with this part.
4. Section 433.2 is amended by
adding in alphabetical order new
definitions for ‘‘Direct fossil fuel
consumption,’’ ‘‘District Energy System,’’
‘‘Electricity fossil fuel-generation ratio,’’
‘‘Electricity source energy factor,’’
‘‘Fossil fuel,’’ ‘‘Fossil fuel consumption
for electricity generation,’’ ‘‘Fossil fuelgenerated energy consumption,’’ ‘‘Multifamily high-rise residential building,’’
and ‘‘Primary electrical energy
consumption’’ to read as follows:
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§ 433.2
Definitions.
*
*
*
*
*
Direct fossil fuel consumption means
the total fossil fuel consumption in a
building excluding fossil fuel
consumption for electricity generation.
This includes any fossil fuel
consumption resulting from a district
energy system used in a building.
District Energy System means a
central energy conversion plant and
transmission and distribution system
that provides thermal energy to a group
of buildings (heating via hot water or
steam, and/or cooling via chilled water).
This definition includes only thermal
energy systems; central energy supply
systems that provide only electricity are
excluded from this definition.
*
*
*
*
*
Electricity fossil fuel-generation ratio
means the fraction of national U.S.
electricity generation from fossil fuel
sources as provided by the Energy
Information Administration Electric
Power Annual report for the appropriate
year.
Electricity source energy factor is the
ratio of primary electrical energy
consumed to generate and deliver
energy to a site relative to electrical
energy consumed on site. The electricity
source energy factor may be calculated
by dividing the average utility delivery
ratio in Table 6.2.4 of the DOE Building
Energy Data Book for the appropriate
year by 3412 to convert the value from
Btu/kWh to kWh/kWh.
*
*
*
*
*
Fossil fuel means a fuel formed in the
earth from plant or animal remains.
Fossil fuels include coal, oil, natural
gas, kerosene, and liquefied petroleum
gas (LPG).
Fossil fuel consumption for electricity
generation means the primary electrical
energy consumption in a building
supplied from the national power grid
multiplied by the electricity fossil fuelgeneration ratio. Electricity generated
completely from non-fossil fuel sources
or from a dedicated source not
connected to the national power grid is
excluded from this definition.
Fossil fuel generated-energy
consumption means the sum of direct
fossil fuel consumption plus fossil fuel
consumption for electricity generation.
*
*
*
*
*
Multi-family high-rise residential
building means a residential building
that contains three or more dwelling
units and that is designed to be 4 or
more stories above grade.
*
*
*
*
*
Primary electrical energy
consumption means the total amount of
energy used to generate and deliver
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63415
electrical energy to a building from the
national power grid.
*
*
*
*
*
5. Section 433.4 is amended by
adding new paragraphs (d), (e), and (f)
to read as follows:
§ 433.4 Energy efficiency performance
standard.
*
*
*
*
*
(d) All Federal agencies shall design
new Federal commercial and multifamily high-rise residential buildings
and major renovations to Federal
commercial and multi-family high-rise
residential buildings, for which design
for construction began at least one year
after publication of the final rule, to
meet the requirements of paragraph (e)
of this section if:
(1) The subject building is a public
building as defined in 40 U.S.C. 3301
and for which transmittal of a
prospectus to Congress is required
under 40 U.S.C. 3307; or
(2) The cost of the building or major
renovation is at least $2,500,000 (in
2007 dollars, adjusted for inflation).
(e)(1) All Federal agencies shall
design new Federal commercial and
multi-family high-rise residential
buildings and major renovations of
Federal commercial and multi-family
high-rise residential buildings for which
design for construction began at least
one year after publication of the final
rule and that are classified in paragraph
(d) of this section, to meet fossil fuelgenerated energy consumption values
equal to or lesser than the values shown
in Table 1. The maximum allowable
fossil fuel generated energy
consumption values in Table 1 are a
function of building type and fiscal year
for which design for construction began.
(2) For the purpose of this paragraph
(e), the following definitions apply:
(i) Education means buildings used
for academic or technical classroom
instruction, such as elementary, middle,
or high schools, and classroom
buildings on college or university
campuses. Buildings on education
campuses for which the main use is not
classroom are included in the category
relating to their use. For example,
administration buildings are part of
‘‘Office,’’ dormitories are ‘‘Lodging,’’ and
libraries are ‘‘Public Assembly.’’
(ii) Food sales means buildings used
for retail or wholesale of food. For
example, grocery stores are ‘‘Food
Sales.’’
(iii) Food service means buildings
used for preparation and sale of food
and beverages for consumption. For
example, restaurants are ‘‘Food Service.’’
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(iv) Health care (inpatient) means
buildings used as diagnostic and
treatment facilities for inpatient care.
(v) Health care (outpatient) means
buildings used as diagnostic and
treatment facilities for outpatient care.
Medical offices are included here if they
use any type of diagnostic medical
equipment (if they do not, they are
categorized as an office building).
(vi) Lodging means buildings used to
offer multiple accommodations for
short-term or long-term residents,
including skilled nursing and other
residential care buildings.
(vii) Multi-family in 2–4 unit buildings
means a unit in a building with two to
four housing units—a structure that is
divided into living quarters for two,
three, or four families or households in
which one household lives above or
beside another. This category also
includes houses originally intended for
occupancy by one family (or for some
other use) that have since been
converted to separate dwellings for two
to four families.
(viii) Multi-family in 5 or more unit
buildings means a unit in a building
with five or more housing units—a
structure that contains living quarters
for five or more households or families
and in which one household lives above
or beside another.
(ix) Public assembly means public or
private buildings, or spaces therein, in
which people gather for social or
recreational activities.
(x) Public order and safety means
buildings used for the preservation of
law and order or public safety.
(xi) Religious worship means
buildings in which people gather for
religious activities, (such as chapels,
churches, mosques, synagogues, and
temples).
(xii) Retail (other than mall) means
buildings used for the sale and display
of goods other than food.
(xiii) Service means buildings in
which some type of service is provided,
other than food service or retail sales of
goods.
(xiv) Warehouse and storage means
buildings used to store goods,
manufactured products, merchandise,
raw materials, or personal belongings
(such as self-storage).
TABLE 1—MAXIMUM ALLOWABLE FOSSIL FUEL-GENERATED ENERGY CONSUMPTION BY BUILDING TYPE, COMMERCIAL
BUILDINGS, kBtu/ft2
kBtu/ft2 by fiscal year for which design for construction began
Building type
FY 2012–2014
FY 2015–2019
FY 2020–2024
FY 2025–2029
57
174
182
141
67
67
57
72
56
66
28
51
30
44
135
141
109
52
52
44
56
44
51
22
40
23
25
77
81
63
30
30
25
32
25
29
12
23
13
13
39
40
31
15
15
13
16
12
15
6
11
7
Education .............................................................................
Food Sales ...........................................................................
Food Service ........................................................................
Health Care (Inpatient) ........................................................
Health Care (Outpatient) ......................................................
Lodging ................................................................................
Retail (Other Than Mall) ......................................................
Office ....................................................................................
Public Assembly ...................................................................
Public Order and Safety ......................................................
Religious Worship ................................................................
Service .................................................................................
Warehouse and Storage ......................................................
(3) For multi-family high-rise
residential buildings, the maximum
allowable fossil fuel-generated energy
FY 2030 and
beyond
0
0
0
0
0
0
0
0
0
0
0
0
0
consumption in kBtu per ft2 is listed in
Table 2.
TABLE 2—MAXIMUM ALLOWABLE FOSSIL FUEL-GENERATED ENERGY CONSUMPTION BY BUILDING TYPE, MULTI-FAMILY
HIGH-RISE RESIDENTIAL BUILDINGS, kBtu/ft2
kBtu/ft2 by fiscal year for which design for construction began
Building type
FY 2012–2014
FY 2015–2019
FY 2020–2024
FY 2025–2029
47
42
37
33
21
19
11
9
mstockstill on DSKH9S0YB1PROD with PROPOSALS
Multi-Family in 2–4 Unit Buildings .......................................
Multi-Family in 5 or More Unit Buildings .............................
(4) For buildings that combine one or
more building types within or between
Tables 1 and 2, area-weighted fossil
fuel-generated energy consumption may
be calculated by multiplying the floor
area of each building type by the
consumption value from the appropriate
table for that building type, then
dividing by the total floor area of the
combined building types.
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(5) For Federal buildings that do not
fit into any of the building type
categories listed in Table 1 or Table 2
of § 433.4, a baseline fossil fuelgenerated energy consumption shall be
calculated using the Performance Rating
Method, Appendix G of ASHRAE
Standard 90.1–2004, as outlined in
§ 433.5. The maximum allowable fossil
fuel-generated energy consumption for
PO 00000
FY 2030 and
beyond
Frm 00013
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the proposed design shall be calculated
by using the following formula:
Maximum Allowable Fossil FuelGenerated Energy Consumption =
((Baseline Design Electricity
Consumption × Electricity Source
Energy Factor × Electricity Fossil
Fuel-Generation Ratio) + Baseline
Design Direct Fossil Fuel
Consumption) × Fossil Fuel
Reduction Multiplier
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0
0
Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Proposed Rules
ventilation systems as part of the
ASHRAE-covered HVAC loads subject
to the 30 percent savings requirements
in this section, rather than as process
loads.
TABLE 3—FOSSIL FUEL REDUCTION
(c) Subject to § 433.4(d), each Federal
MULTIPLIER BY FISCAL YEAR FOR
agency shall calculate the fossil fuelWHICH DESIGN FOR CONSTRUCTION
generated energy consumption of a
BEGAN
proposed design by the following
formula:
Reduction
Fiscal year
multiplier
Proposed Design Fossil Fuel-Generated
Energy Consumption = (Proposed
2012–2014 ................................
0.45
Design Electricity Consumption ×
2015–2019 ................................
0.35
Electricity Source Energy Factor ×
2020–2024 ................................
0.20
Electricity Fossil Fuel-Generation
2025–2029 ................................
0.10
Ratio) + Direct Fossil Fuel
2030 and beyond ......................
0.00
Consumption of Proposed Design
(d) Subject to § 433.4(d), if the fossil
(7) All building energy usage,
including estimated receptacle and plug fuel-generated energy consumption of
the proposed design is equal to or less
loads, must be included in the
than the applicable maximum allowable
calculation in Table 3 of this section.
(f)(1) Upon petition by an agency
fossil fuel-generated energy
subject to this section, the Secretary
consumption value in § 433.4(e), the
may adjust the applicable numeric
proposed design complies with the
requirement in paragraph (e) of this
fossil fuel-generated consumption
section with respect to a specific
reduction requirement in § 433.4. If the
building if:
fossil fuel-generated energy
(i) The head of the agency designing
consumption of the proposed design is
the building certifies in writing that
greater than the applicable maximum
meeting such requirement would be
allowable fossil fuel-generated energy
technically impracticable in light of the
consumption value in § 433.4(e), the
agency’s specified functional needs for
proposed design does not comply with
that building;
the fossil fuel-generated energy
(ii) The head of the agency designing
consumption reduction requirement in
the building demonstrates that the
§ 433.4, and the agency must either
requested adjustment is the largest
modify the design until the design
feasible reduction in fossil fuelcomplies with the requirement, or
generated consumption that can
request and receive approval from the
reasonably be achieved; and
Secretary for a downward adjustment of
(iii) The Secretary concurs with the
the requirement.
agency’s conclusion.
(2) This adjustment shall not apply to PART 435—ENERGY EFFICIENCY AND
the General Services Administration.
FOSSIL FUEL-GENERATED ENERGY
6. Section 433.5 is revised to read as
CONSUMPTION REDUCTION DESIGN
follows:
STANDARDS FOR NEW AND MAJOR
RENOVATIONS TO FEDERAL LOW§ 433.5 Performance level determination.
RISE RESIDENTIAL BUILDNGS
(a) For new Federal commercial and
multi-family high-rise residential
7. The authority citation for part 435
buildings whose design for construction continues to read as follows:
began on or after January 3, 2007, each
Authority: 42 U.S.C. 6831–6832; 6834–
Federal agency shall determine energy
6836; 42 U.S.C. 8253–54; 42 U.S.C. 7101 et
consumption levels for both the baseline seq.
and proposed building by using the
Performance Rating Method found in
Subpart A—Mandatory Energy
Appendix G of ANSI/ASHRAE/IESNA
Efficiency and Fossil Fuel-Generated
Standard 90.1–2004, (incorporated by
Energy Consumption Reduction
reference; see § 433.3), except the
Design Standards for Federal Low-Rise
formula for calculating the Performance Residential Buildings
Rating in paragraph G1.2 shall read as
8. The headings for part 435 and
follows:
subpart A are revised to read as set forth
Percentage improvement = 100 ×
above.
(Baseline building
9. Section 435.1 is revised to read as
consumption¥Proposed building
follows:
consumption)/(Baseline building
consumption¥Receptacle and
§ 435.1 Purpose and scope.
process loads)
This part establishes an energy
(b) Each Federal agency shall consider efficiency performance and maximum
laboratory fume hoods and kitchen
allowable fossil fuel-generated energy
mstockstill on DSKH9S0YB1PROD with PROPOSALS
(6) The fossil fuel reduction
multiplier in the formula above shall be
taken from Table 3.
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63417
consumption standard for new Federal
low-rise residential buildings, for which
design for construction began on or after
January 3, 2007 (except as otherwise
indicated: fossil fuel-generated energy
requirements are applicable one year
after publication of the final rule, as
required by section 305(a) of the Energy
Conservation and Production Act, as
amended (42 U.S.C. 6834(a)).
Additionally, this part establishes
certain requirements applicable to major
renovations of Federal low-rise
buildings, as indicated. For renovated
buildings, those requirements apply
only to the portions of the building or
building systems that are being
renovated and to the extent that the
scope of the renovation permits
compliance with the applicable
requirements in this rule. Unaltered
portions of the building or building
systems are not required to comply with
this rule.
10. Section 435.2 is amended by
adding in alphabetical order new
definitions for ‘‘Direct fossil fuel
consumption,’’ ‘‘District Energy System,’’
‘‘Electricity fossil fuel-generation ratio,’’
‘‘Electricity source energy factor,’’
‘‘Fossil fuel,’’ ‘‘Fossil fuel consumption
for electricity generation,’’ ‘‘Fossil fuelgenerated energy consumption,’’ and
‘‘Primary electrical energy consumption’’
to read as follows:
§ 435.2
Definitions.
*
*
*
*
*
Direct fossil fuel consumption means
the total fossil fuel consumption in a
building excluding primary electrical
energy consumption. This includes any
fossil fuel consumption resulting from a
district energy system used in a
building.
District Energy System means a
central energy conversion plant and
transmission and distribution system
that provides thermal energy to a group
of buildings (heating via hot water or
steam, and/or cooling via chilled water).
This definition includes only thermal
energy systems; central energy supply
systems that provide only electricity are
excluded from this definition.
*
*
*
*
*
Electricity fossil fuel-generation ratio
means the fraction of national U.S.
electricity generation from fossil fuel as
provided by the Energy Information
Administration Electric Power report for
the appropriate year.
Electricity source energy factor is the
ratio of primary electrical energy
consumed to generate and deliver
energy to a site to the electrical energy
consumed on site. Electricity source
energy factor may be calculated by
dividing the average utility delivery
E:\FR\FM\15OCP1.SGM
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Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Proposed Rules
ratio in Table 6.2.4 of the DOE Building
Energy Data Book for the appropriate
year by 3412 to convert the value from
Btu/kWh to kWh/kWh.
*
*
*
*
*
Fossil fuel means a fuel formed in the
earth from plant or animal remains.
Fossil fuels include coal, oil, natural
gas, kerosene, and liquefied petroleum
gas (LPG).
Fossil fuel consumption for electricity
generation means the primary electrical
energy consumption in a building
supplied from the national power grid
multiplied by the electricity fossil fuelgeneration ratio. Electricity generated
completely from non-fossil fuel sources
or from a dedicated source not
connected to the national power grid is
excluded from this definition.
Fossil fuel-generated energy
consumption means the sum of direct
fossil fuel consumption plus fossil fuel
consumption for electricity generation.
*
*
*
*
*
Primary electrical energy
consumption means the total amount of
energy used to generate and deliver
electrical energy to a building from the
national power grid.
*
*
*
*
*
11. Section 435.4 is amended by
adding new paragraphs (d), (e), and (f)
to read as follows:
§ 435.4 Energy efficiency performance
standard.
*
*
*
*
*
(d) All Federal agencies shall design
new Federal low-rise residential
buildings and major renovations to
Federal low-rise residential buildings,
for which design for construction began
at least one year after publication of the
final rule, to meet the requirements of
paragraph (e) of this section if:
(1) The subject building is a public
building as defined in 40 U.S.C. 3301
and for which transmittal of a
prospectus to Congress is required
under 40 U.S.C. 3307; or
(2) The cost of the building or major
renovation is at least $2,500,000 (in
2007 dollars, adjusted for inflation).
(e)(1) All Federal agencies shall
design new Federal low-rise residential
buildings or major renovations of
Federal low-rise residential buildings
for which design for renovation began at
least one year after publication of the
final rule and that are classified in
paragraph (d) of this section, to meet
fossil fuel-generated energy
consumption values equal to or lesser
than the values shown in Table 1. The
maximum allowable fossil fuelgenerated energy consumption values in
Table 1 area function of housing type
and fiscal year for which design for
construction began.
(2) For the purpose of this paragraph
(e), the following definitions apply:
(i) Manufactured home means a
housing unit built to the Federal
Manufactured Home Construction and
Safety Standards in 24 CFR part 3280,
that is built on a permanent chassis and
moved to a site. It may be placed on a
permanent or temporary foundation and
may contain one or more rooms.
(ii) Multi-family in 2–4 unit buildings
means a unit in a building with two to
four housing units—a structure that is
divided into living quarters for two,
three, or four families or households in
which one household lives above or
beside another. This category also
includes houses originally intended for
occupancy by one family (or for some
other use) that have since been
converted to separate dwellings for two
to four families. This includes modular
homes but does not include
manufactured homes.
(iii) Multi-family in 5 or more unit
buildings means a unit in a building
with five or more housing units—a
structure that contains living quarters
for five or more households or families
and in which one household lives above
or beside another. This includes
modular homes but does not include
manufactured homes.
(iv) Single-family attached means a
housing unit connected to another
housing unit, generally with a shared
wall, that provides living space for one
household or family. Attached houses
are considered single-family houses as
long as they are not divided into more
than one housing unit and they have an
independent outside entrance. A singlefamily house is contained within walls
extending from the basement (or the
ground floor, if there is no basement) to
the roof. Townhouses, rowhouses, and
duplexes are considered single-family
attached housing units, as long as there
is no household living above another
one within the walls extending from the
basement to the roof to separate the
units. This includes modular homes but
does not include manufactured homes.
(v) Single-family detached means a
separate, unconnected housing unit, not
sharing a wall with any other building
or housing unit, that provides living
space for one household or family. A
single-family house is contained within
walls extending from the basement (or
the ground floor, if there is no
basement) to the roof. This includes
modular homes but does not include
manufactured homes.
TABLE 1—MAXIMUM ALLOWABLE FOSSIL FUEL-GENERATED ENERGY CONSUMPTION BY BUILDING TYPE, LOW-RISE
RESIDENTIAL BUILDINGS, kBtu/ft2
kBtu/ft2 by Fiscal year for which design for construction began
Building type
FY 2012–2014
FY 2015–2019
FY 2020–2024
FY 2025–2029
27
30
47
42
52
21
23
37
33
40
12
13
21
19
23
6
7
11
9
12
mstockstill on DSKH9S0YB1PROD with PROPOSALS
Single-Family Detached .......................................................
Single-Family Attached ........................................................
Multi-Family in 2–4 Unit Buildings .......................................
Multi-Family in 5 or More Unit Buildings .............................
Manufactured Homes ...........................................................
(3) For Federal buildings that do not
fit into any of the building type
categories listed in Table 1 of § 435.4, a
baseline fossil fuel-generated energy
consumption shall be calculated using
the Simulated Performance Alternative
outlined in § 435.5. The maximum
allowable fossil fuel-generated energy
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16:00 Oct 14, 2010
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consumption for the proposed design
shall be calculated by using the
following formula:
Maximum Allowable Fossil FuelGenerated Energy Consumption =
((Baseline Design Electricity
Consumption × Electricity Source
Energy Factor × Electricity Fossil
PO 00000
FY2030 and
beyond
Frm 00015
Fmt 4702
Sfmt 4702
0
0
0
0
0
Fuel-Generation Ratio) + Baseline
Design Direct Fossil Fuel
Consumption) × Fossil Fuel
Reduction Multiplier
(4) The fossil fuel reduction
multiplier in the formula above shall be
taken from Table 2.
E:\FR\FM\15OCP1.SGM
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Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Proposed Rules
the proposed design is equal to or less
than the applicable maximum allowable
fossil fuel-generated energy
consumption value in § 435.4(e), the
proposed design complies with the
fossil fuel-generated energy
Reduction
Fiscal year
consumption reduction requirement in
multiplier
§ 435.4. If the fossil fuel-generated
2012–2014 ................................
0.45 energy consumption of the proposed
2015–2019 ................................
0.35 design is greater than the applicable
2020–2024 ................................
0.20
maximum allowable fossil fuel2025–2029 ................................
0.10
2030 and beyond ......................
0.00 generated energy consumption value in
§ 435.4(e), the building does not comply
with the fossil fuel-generated energy
(5) All building energy usage,
including estimated receptacle and plug consumption reduction requirement in
§ 435.4, and the agency must either
loads, must be included in the
modify the design until the design
calculation in Table 2 of this section.
complies with the requirement, or
(f)(1) Upon petition by an agency
request and receive approval from the
subject to this section, the Secretary
Secretary for a downward adjustment of
may adjust the applicable numeric
the requirement.
requirement in paragraph (e) of this
section with respect to a specific
[FR Doc. 2010–25852 Filed 10–14–10; 8:45 am]
building, if:
BILLING CODE 6450–01–P
(i) The head of the agency designing
the building certifies in writing that
meeting such requirement would be
SMALL BUSINESS ADMINISTRATION
technically impracticable in light of the
agency’s specified functional needs for
13 CFR Part 115
that building;
RIN 3245–AG14
(ii) The head of the agency designing
the building demonstrates that the
Surety Bond Guarantee Program;
requested adjustment is the largest
Timber Sales
feasible reduction in fossil fuelgenerated consumption that can
AGENCY: Small Business Administration.
reasonably be achieved; and
ACTION: Proposed rule.
(iii) The Secretary concurs with the
agency’s conclusion.
SUMMARY: The Small Business
(2) This adjustment shall not apply to Administration (SBA) proposes to
the General Services Administration.
amend its Surety Bond Guarantee
12. Section 435.5 is revised to read as Program rules to guarantee performance
follows:
bonds for timber sale contracts awarded
by the Federal Government or other
§ 435.5 Performance level determination.
public or private landowners.
(a) For new Federal low-rise
DATES: Comments must be received on
residential buildings whose design for
or before November 15, 2010.
construction started on or after January
3, 2007, each Federal agency shall
ADDRESSES: You may submit comments,
determine energy consumption levels
identified by RIN 3245–AG14, by any of
for both the baseline building and
the following methods:
proposed building by using the
Federal eRulemaking Portal: https://
Simulated Performance Alternative
www.regulations.gov. Follow the
found in section 404 of the ICC
instructions for submitting comments.
International Energy Conservation Code,
Mail: Office of Surety Guarantees,
2004 Supplement Edition, January 2005 Suite 8600, 409 Third Street, SW.,
(incorporated by reference; see § 435.3). Washington, DC 20416.
(b) Subject to § 435.4(d), each Federal
Hand Delivery/Courier: Office of
agency shall calculate the fossil fuelSurety Guarantees, 409 Third Street,
generated energy consumption of a
SW., Washington, DC 20416.
proposed design by the following
SBA will post all comments on https://
formula:
www.regulations.gov. If you wish to
Proposed Design Fossil Fuel-Generated
submit confidential business
Energy Consumption = (Proposed
information (CBI) as defined in the User
Design Electricity Consumption ×
Notice at https://www.regulations.gov,
Electricity Source Energy Factor ×
please submit information to Ms.
Electricity Fossil Fuel-Generation
Barbara Brannan, Special Assistant,
Ratio) + Direct Fossil Fuel
Office of Surety Guarantees, 409 Third,
Consumption of Proposed Design
Street, SW., Washington, DC 20416 or
(c) Subject to § 435.4(d), if the fossil
send an e-mail to
fuel-generated energy consumption of
Barbara.brannan@sba.gov. Highlight the
mstockstill on DSKH9S0YB1PROD with PROPOSALS
TABLE 2—FOSSIL FUEL REDUCTION
MULTIPLIER BY FISCAL YEAR FOR
WHICH DESIGN FOR CONSTRUCTION
BEGAN
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PO 00000
Frm 00016
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63419
information that you consider to be CBI
and explain why you believe SBA
should hold this information as
confidential. SBA will review the
information and make the final
determination whether it will publish
the information.
FOR FURTHER INFORMATION CONTACT:
Ms.
Barbara Brannan, Office of Surety
Guarantees, 202–205–6545, e-mail:
Barbara.brannan@sba.gov.
SUPPLEMENTARY INFORMATION:
I. Background Information
The Forest Service of the U.S.
Department of Agriculture (USDA)
manages the National Forest System,
and may permit the harvesting of timber
on National Forest System lands in
exchange for the payment of an agreed
upon sum of money. More information
on that program is available at the Web
site of the USDA Forest Service at
https://www.fs.fed.us. Under regulations
issued by the Forest Service, these
timber sale contracts may require the
purchaser to furnish a performance
bond for satisfactory compliance with
the contract terms. 36 CFR 223.35.
Generally, the Performance Bond, as
defined in 13 CFR 115.10, ensures that
the Principal, as defined in 13 CFR
115.10, complies with all contract terms
and conditions associated with forest
management, such as the protection of
natural resources, soil, water, erosion
control, and road maintenance, as well
as to ensure the Principal does not cut
any trees that are expressly excluded
from harvesting in the contract. In the
process of cutting and transporting the
logs, for example, forest roads may be
damaged and the Principal is
responsible for repairing the roads. The
performance period for most timber sale
contracts ranges from one to three years,
and some can exceed five years.
With respect to a Performance Bond
involving the sale of timber on land
managed by USDA, the Federal
Government is the Obligee, as defined
in 13 CFR 115.10, and the purchaser of
the timber is the Principal. Unlike the
typical contract for supplies or services
where the Obligee pays the Principal for
providing supplies or rendering
services, the Principal in the timber sale
contract is paying the Obligee for the
right to cut the designated trees.
However, under the definition of
‘‘Contract’’ in 13 CFR 115.10, a contract
for which SBA may issue a Surety Bond
Guarantee cannot include a contract
requiring any payment by the Principal
to the Obligee. Thus, SBA cannot
presently guarantee a bond for a timber
sales contract.
E:\FR\FM\15OCP1.SGM
15OCP1
]]>Agencies
[Federal Register Volume 75, Number 199 (Friday, October 15, 2010)]
[Proposed Rules]
[Pages 63404-63419]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25852]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 /
Proposed Rules
[[Page 63404]]
DEPARTMENT OF ENERGY
10 CFR Parts 433 and 435
[Docket No. EERE-2010-BT-STD-0031]
RIN 1904-AB96
Fossil Fuel-Generated Energy Consumption Reduction for New
Federal Buildings and Major Renovations of Federal Buildings
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) is publishing this notice
of proposed rulemaking to implement provisions of the Energy
Conservation and Production Act, as amended by the Energy Independence
and Security Act of 2007 that require DOE to establish revised
performance standards for the construction of all new Federal
buildings, including commercial buildings, multi-family high-rise
residential buildings and low-rise residential buildings. The
provisions in this notice of proposed rulemaking specifically address
the reduction of fossil fuel-generated energy consumption in new
Federal buildings and Federal buildings undergoing major renovations.
This proposed rule also addresses how agencies other than the General
Services Administration (GSA) may petition DOE for a downward
adjustment of the requirements if they believe meeting the full fossil
fuel-generated energy consumption reduction level is technically
impracticable in light of the specified functional needs for that
building.
DATES: Public comments on this proposed rule will be accepted until
December 14, 2010. DOE will hold a public meeting on Friday, November
12, 2010, from 9 a.m. to 5 p.m., in Washington, DC. Interested persons
who wish to speak at the public meeting should e-mail or phone Ms.
Brenda Edwards by 4:30 p.m., Friday, October 29, 2010. DOE must receive
a signed original and an electronic copy of statements to be given at
the public meeting before 4 p.m., Friday, November 5, 2010.
Additionally, DOE plans to conduct the public meeting via webinar. You
can attend the public meeting via webinar, and registration
information, participant instructions, and information about the
capabilities available to webinar participants will be published on the
Building Energy Codes Program's Web site https://www.energycodes.gov/events/doe/fossil_fuels.stm, and/or on the Federal Energy Management
Program's Web site https://www1.eere.energy.gov/femp/regulations/notices_rules.html. Participants are responsible for ensuring their
systems are compatible with the webinar software.
DOE will accept comments, data, and information regarding this
notice of proposed rulemaking (NOPR) before and after the public
meeting, but no later than December 14, 2010. If you submit information
that you believe to be exempt by law from public disclosure, you should
submit one complete copy, as well as one copy from which the
information claimed to be exempt by law from public disclosure has been
deleted. DOE is responsible for the final determination with regard to
disclosure or nondisclosure of the information and for treating it
accordingly under the DOE Freedom of Information regulations at 10 CFR
1004.11.
ADDRESSES: You may submit comments, identified by any of the following
methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: FossilFuelReduct-2010-STD-0031@ee.doe.gov. Include
EERE-2010-BT-STD-0031 and/or RIN 1904-AB96 in the subject line of the
message.
Postal Mail: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Program, Mailstop EE-2J, Fossil Fuel-
Generated Energy Consumption Reduction for New Federal Buildings and
Major Renovations of Federal Buildings EERE-2010-BT-STD-0031 and/or RIN
1904-AB96, 1000 Independence Avenue, SW., Washington, DC 20585-0121.
Telephone: (202) 586-9138. Please submit one signed paper original. Due
to the potential delays in DOE's receipt and processing of mail sent
through the U.S. Postal Service, DOE encourages respondents to submit
comments electronically to ensure timely receipt.
Hand Delivery/Courier: Brenda Edwards, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington,
DC 20585-0121.
Instructions: All submissions must include the agency name and
docket number or Regulatory Information Number (RIN) for this
rulemaking.
Docket: For access to the docket to read background documents or
comments received by DOE, go to the U.S. Department of Energy,
Forrestal Building, Room 5E-080 (Resource Room of the Federal Energy
Management Program), 1000 Independence Avenue, SW., Washington, DC,
(202) 586-9127, between 9 a.m. and 4 p.m., Monday through Friday,
except Federal holidays. Please call Brenda Edwards at (202) 586-2945
for additional information regarding visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Margo Appel, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington,
DC 20585-0121, (202) 586-9495, e-mail: margo.appel@hq.doe.gov, or Ami
Grace-Tardy, U.S. Department of Energy, Office of the General Counsel,
Forrestal Building, GC-71, 1000 Independence Avenue, SW., Washington,
DC 20585, (202) 586-5709, e-mail: ami.grace-tardy@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Discussion of Proposed Rule
III. Reference Resources
IV. Regulatory Review
V. Approval by the Office of the Secretary
I. Background
Section 305 of the Energy Conservation and Production Act (ECPA)
established energy conservation requirements for Federal buildings (42
U.S.C. 6834). Section 433(a) of the Energy Independence and Security
Act of 2007 (Pub. L. 110-140) (EISA) amended section 305 of ECPA and
directed that DOE establish regulations that revised Federal building
energy efficiency performance standards to require that ``[f]or new
Federal buildings and Federal buildings undergoing major renovations,
with respect to which the
[[Page 63405]]
Administrator of General Services is required to transmit a prospectus
to Congress under section 3307 of Title 40, in the case of public
buildings (as defined in section 3301 of Title 40), or of at least
$2,500,000 in costs adjusted annually for inflation for other
buildings,'' the ``buildings shall be designed so that the fossil fuel-
generated energy consumption of the buildings is reduced as compared
with such energy consumption by a similar building in fiscal year 2003
(as measured by Commercial Buildings Energy Consumption Survey or
Residential Energy Consumption Survey data from the Energy Information
Agency), by'' specific graduated percentages ranging from 55 percent to
100 percent over a specified period of time beginning in fiscal year
2010 and ending in fiscal year 2030 (42 U.S.C. 6834(a)(3)(D)(i)(I)).
In addition, ECPA as amended by EISA permits DOE upon petition by
an agency subject to the statutory requirements, to adjust the
applicable numeric reduction requirement ``downward with respect to a
specific building, if the head of the agency designing the building
certifies in writing that meeting such requirement would be technically
impracticable in light of the agency's specified functional needs for
that building and'' DOE concurs with the agency's conclusion (42 U.S.C.
6834(a)(3)(D)(i)(II)). ECPA as amended by EISA further directs that
such an adjustment does not apply to GSA (42 U.S.C.
6834(a)(3)(D)(i)(II)).
Today's proposed rule on fossil fuel-generated energy consumption
reduction proposes to amend certain portions of 10 CFR parts 433 and
435, the regulations governing energy efficiency in Federal buildings.
Additionally, DOE published a proposed rule on sustainable design
standards for new Federal buildings on May 28, 2010 (75 FR 29933),
which also proposes to amend certain portions of 10 CFR parts 433 and
435. DOE has already addressed some elements of today's proposed rule
in the sustainable design proposed rule. Specifically, overlapping
elements of both proposed rules are the definitions of ``new Federal
building'' and ``major renovation.'' The proposed regulatory text in
today's document would amend the current regulatory text, without
consideration of amendments that may result from the sustainable design
rulemaking. If and when these two rulemakings are finalized, DOE will
coordinate the final regulatory text between the two rulemakings.
In addition, there are a number of statutory provisions,
regulations, Executive Orders, and memorandums of understanding that
govern the construction of new Federal buildings or major renovations
to Federal buildings. These include, but are not limited to, Executive
Order 13514 (74 FR 52117); sections 323, 433, 434, and 523 of the
Energy Independence and Security Act 2007 (Pub. L. 110-140); Executive
Order 13423 (72 FR 3919); the Guiding Principles for Federal Leadership
in High Performance and Sustainable Buildings originally adopted in the
Federal Leadership in High Performance and Sustainable Buildings MOU;
section 109 of the Energy Policy Act of 2005 (Pub. L. 109-58); and 10
CFR parts 433 and 435. If made final, the proposed rule would not
supersede other applicable legal requirements for new Federal buildings
or major renovations to Federal buildings.
II. Discussion of Proposed Rule
A. Overview
The proposed rule would establish revised Federal building energy
efficiency performance standards for achieving the reductions in fossil
fuel-generated energy consumption as listed in ECPA as amended by EISA
(42 U.S.C. 6834(a)(3)(D)(i)(I)). The proposed rule would also clarify
which building types are covered by the standards and which building
types are excluded. The proposed rule establishes a methodology for
compliance, including calculation of the maximum allowable fossil fuel-
generated energy consumption based on building type, and how fossil
fuel consumption resulting from electricity usage should be considered.
Today's proposed rule would also establish procedures for agencies to
petition DOE for downward adjustment of the applicable percentage
reduction requirement.
B. Scope of Proposed Rule
Section 305(a)(3) of ECPA as amended directs DOE to establish
regulations that require fossil fuel-generated energy consumption
reductions be applied to a subset of new Federal buildings and Federal
buildings undergoing major renovation. (42 U.S.C. 6834(a)(3)(D)(i)(I))
A building is in the subset of new Federal buildings and Federal
buildings undergoing major renovations if the building is:
A public building as defined in 40 U.S.C. 3301,\1\ for
which the Administrator of General Services is required to transmit a
prospectus to Congress under U.S.C. Title 40, section 3307, or
---------------------------------------------------------------------------
\1\ Under 40 U.S.C. 3301(5) ``public building'' is a building,
whether for single or multitenant occupancy, and its grounds,
approaches, and appurtenances, which is generally suitable for use
as office or storage space or both by one or more Federal agencies
or mixed-ownership Government corporations.
``Public building'' includes Federal office buildings, post
offices, customhouses, courthouses, appraisers stores, border
inspection facilities, warehouses, record centers, relocation
facilities, telecommuting centers, similar Federal facilities, and
any other buildings or construction projects the inclusion of which
the President considers to be justified in the public interest.
The definition does not include a building or construction
project that is on the public domain (including that reserved for
national forests and other purposes); that is on property of the
Government in foreign countries; that is on Indian and native Eskimo
property held in trust by the Government; that is on land used in
connection with Federal programs for agricultural, recreational, and
conservation purposes, including research in connection with the
programs; that is on or used in connection with river, harbor, flood
control, reclamation or power projects, for chemical manufacturing
or development projects, or for nuclear production, research, or
development projects; that is on or used in connection with housing
and residential projects; that is on military installations
(including any fort, camp, post, naval training station, airfield,
proving ground, military supply depot, military school, or any
similar facility of the Department of Defense); that is on
installations of the Department of Veterans Affairs used for
hospital or domiciliary purposes; or the exclusion of which the
President considers to be justified in the public interest.
---------------------------------------------------------------------------
A building and major renovation for which the construction
project cost is at least $2,500,000 (in 2007 dollars, adjusted for
inflation using U.S. Department of Labor Producer Price Indexes).
DOE notes that the definition of ``Federal building'' was changed
in statute, and DOE is addressing that definition and the definition of
``new Federal building'' in a separate rulemaking. (42 U.S.C. 6832(6))
The statute now defines ``Federal building'' to mean any building to be
constructed by, or for the use of, any Federal agency. In the separate
rulemaking DOE is proposing that the term include buildings built for
the purpose of being leased by a Federal agency, and privatized
military housing.
For the purpose of this rulemaking, DOE would consider public
buildings to include buildings leased by a Federal agency. DOE
recognizes, however, that a Federal agency may not have control over
the design of a renovation of a leased building in which the agency is
a tenant. For the purpose of this rulemaking, DOE considers major
renovations to be limited to those renovations for which a Federal
agency has significant control over the renovation design.
Additionally, DOE would consider construction project costs to be
those costs for which the agency currently has
[[Page 63406]]
funding. That is, the $2,500,000 threshold would not include renovation
activities that potentially could occur in future fiscal years.
Generally, construction project costs include design, permitting,
construction (materials and labor), and commissioning costs. Land and
legal costs would generally not be included. DOE requests comment on
this definition of construction costs.
DOE is proposing that Federal agencies would be required to comply
with the final rule starting one year from the date of the final rule.
As proposed, covered buildings for which design for construction begins
on or after that effective date must meet the requirements established
in this rule. The one year period would provide Federal agencies
sufficient time to revise new building designs prior to the start of
construction and would be consistent with that the lead time provided
for the energy efficiency performance standards for the construction of
all new Federal buildings.
C. Fiscal Year Percentage Reductions
Section 305 of ECPA as amended by EISA mandates that buildings
subject to this proposed rule be designed to reduce fossil fuel-
generated energy consumption by 55 percent beginning in fiscal year
2010, 65 percent beginning in fiscal year 2015, 80 percent beginning in
fiscal year 2020, 90 percent beginning in fiscal year 2025, and 100
percent beginning in fiscal year 2030 (42 U.S.C. 6834(a)(3)(D)(i)(I)).
DOE interprets this table in the statute to mean that any building
whose design for construction begins in the fiscal year specified in
the statute must be designed to achieve the fossil fuel-generated
energy consumption reductions for that fiscal year. DOE welcomes
comments on this interpretation. DOE interprets the fiscal years listed
in the statute as spans of years for which the fossil fuel-generated
energy consumption reductions would apply. For instance, the applicable
percentage reduction for fiscal year 2010 would apply for the time span
of fiscal year 2010 through fiscal year 2014. The applicable percentage
reduction for fiscal year 2015 would apply for the time span of fiscal
year 2015 through fiscal year 2019, and so on. DOE welcomes comments on
this interpretation. Congress directed DOE to establish a rule
addressing these fossil fuel-generated energy consumption reductions
beginning in fiscal year 2010. DOE believes that the fossil fuel-
generated energy consumption reductions do not apply to Federal
agencies until the regulations implementing the reductions are
finalized. Today's proposed rule would apply to buildings for which
design for construction begins at least one year after the final rule
is issued.
D. Methodology To Determine Compliance
Section 305 of ECPA as amended by EISA in part requires that the
buildings that are the subject of today's proposed rule be designed so
that the fossil fuel-generated energy consumption of the buildings is
reduced, as compared with such energy consumption by a similar building
in fiscal year 2003 (as measured by Commercial Buildings Energy
Consumption Survey or Residential Energy Consumption Survey data from
the Energy Information Agency), by the percentages specified in Section
305 of ECPA. (42 U.S.C. 6834(a)(3)(D)(i)(I)).
Determine Baseline Fossil Fuel-Generated Energy Consumption of Similar
Building
To determine whether a building meets the numeric fossil fuel
reduction requirements specified by ECPA as amended by EISA, it is
necessary to establish a baseline against which the reductions can be
measured. For purposes of this proposed rulemaking, the statute
establishes the baseline to be energy consumption data from Commercial
Buildings Energy Consumption Survey (CBECS) for commercial buildings
and Residential Buildings Energy Consumption Survey (RECS) for
residential buildings. The CBECS and RECS data, which can be found at
https://www.eia.doe.gov/emeu/cbecs/contents.html and at https://www.eia.doe.gov/emeu/recs/contents.html, are based on actual reported
energy use over a large sample of buildings, normalized for size to
thousands of British thermal units per square foot of floor space
(kBtu/ft\2\).
ECPA as amended by EISA requires that the buildings subject to this
proposed rule be designed so that the fossil fuel-generated energy
consumption of the buildings is reduced as compared with energy
consumption data of a similar building in fiscal year 2003 as measured
by CBECS or RECS (42 U.S.C. 6834(a)(3)(D)(i)(I)). The limited number of
buildings surveyed by CBECS and RECS data does not always allow for a
direct estimate of building energy use by climate zone and building
type because there are only a few surveyed buildings that fit into some
building type/climate zone groups. DOE believes, however, that a
climate adjustment is necessary to provide reasonable baselines.
Therefore, DOE is developing fossil fuel-generated energy requirements
based on building type using CBECS or RECS data, and then applying a
climate adjustment using the climate zones defined in the baseline
energy efficiency standards at 10 CFR parts 433 and 435. This ensures
that new Federal buildings will have to achieve reductions commensurate
to a baseline appropriate for their respective climate zone, rather
than to a national average that does not account for the impacts of the
local climate on the energy use of a specific building. DOE solicits
comment on the best technique for calculating the climate adjustment
for the different building types.
Note that ECPA as amended by EISA makes no distinction between
fossil fuels such as natural gas, petroleum, and coal for purposes of
the required fossil fuel-generated reductions addressed in today's
rule. DOE recognizes that some fossil fuels have higher CO2
emission factors than other fossil fuels, with coal being the highest
and natural gas being the lowest. While the statute does not
specifically direct DOE to consider variation in fossil fuels for
purposes of this rulemaking, it does not prohibit DOE from doing so.
With this in mind, DOE seeks public comment on whether all fossil fuels
should be treated equally or whether each should be treated differently
based on CO2 emission factors or some other factor.
Commercial Buildings Baseline--CBECS
ECPA as amended by EISA requires that the fossil fuel-generated
energy consumption of new Federal buildings and Federal buildings
undergoing major renovations be compared to that of similar buildings
in fiscal year 2003 as measured by CBECS or RECS data (42 U.S.C.
6834(a)(3)(D)(i)(I)). The most recent available CBECS data is from a
CBECS survey that was conducted in 2003.
As discussed in the previous section, for purposes of establishing
a baseline, DOE is developing a baseline based on building type, as
defined by CBECS, with a climate adjustment as discussed previously. In
the CBECS data, Column G of the following table, https://www.eia.doe.gov/emeu/cbecs/cbecs2003/detailed_tables_2003/2003set9/2003excel/c3.xls, lists the energy use per square foot of various
groups of buildings. Note that in CBECS documents, the phrases building
type and principal building activity are used interchangeably. For the
sake of consistency, this document only uses the phrase building type.
It should be noted that DOE has commissioned an analysis of the
2003
[[Page 63407]]
CBECS data by building type and climate zone, and the results may be
found in the report Methodology for Modeling Building Energy
Performance Across the Commercial Sector by the National Renewable
Energy Laboratory (NREL/TP-550-41956 2008) at https://apps1.eere.energy.gov/buildings/publications/pdfs/commercial_initiative/energy_use_intensity_targets.pdf. Examination of Table 4
in the analysis DOE commissioned indicates the insufficient sample size
of the CBECS data when both building type and climate zone are used to
characterize building energy consumption. DOE's analysis produced often
erratic and large variation in kBtu/ft\2\ by building type across the
different climate zones and even across similar climate zones,
indicating an insufficient sample size. For this reason, DOE is
performing additional analysis and processing of the CBECS data with
the goal of producing CBECS-based requirements by building type and
climate zone, with the climate zones as defined in the baseline
standard for 10 CFR part 433 (ANSI/ASHRAE/IESNA Standard 90.1-2004).
One issue that arises with the use of this CBECS data is what to do
with buildings that are split into multiple building types. It is quite
common to find buildings that are a combination of warehouse and
office, or warehouse and retail, or education and office, or laboratory
and office, or some other combination of building types. Today's
proposed rule will offer agencies the option to perform a building
area-weighted average in order to determine the appropriate baseline
level of fossil fuel-generated energy consumption. This process is
described in 10 CFR 433.4(e) of the proposed rule.
CBECS does not provide data on total fossil fuel-generated energy
consumption in buildings. However, fossil fuel-generated energy
consumption can be calculated from CBECS data by using the following
equation:
Fossil fuel-generated energy consumption = Direct consumption of fossil
fuels in the building plus the amount of electrical energy consumption
that is generated from fossil fuels
The 2003 CBECS lists direct consumption of fossil fuels in Table C1
(https://www.eia.doe.gov/emeu/cbecs/cbecs2003/detailed_tables_2003/2003set9/2003excel/c1.xls) in columns labeled natural gas and fuel oil.
The 2003 CBECS also identifies both the primary electrical energy,
which is the total energy used to generate and transmit electricity to
a building, and the energy content of the electricity consumed in the
building. In CBECS energy consumption data, the primary electrical
energy required to generate and transmit electricity to the point of
use in a building is roughly three times the energy content of the
electricity itself. The fraction of electricity generated from fossil
fuels on a nationwide basis, referred to in this document as the fossil
fuel generation ratio, is calculated from data in Table 2.1 of the
Energy Information Administration (EIA) 2008 Electric Power Annual
Report (https://www.eia.doe.gov/cneaf/electricity/epa/epat2p1.html) by
summing the electric generation from coal, petroleum, natural gas, and
other gases (derived from fossil fuels) and then dividing by the total
electric generation. The fossil fuel generation ratio changes each
year. Because ECPA as amended by EISA requires that the fossil fuel-
generated energy consumption in new buildings and those undergoing
major renovations be compared to that of similar buildings in fiscal
year 2003, the 2003 fossil fuel generation ratio must be used in order
to calculate the baseline fossil fuel-generated energy consumption
levels. For 2003, the fossil fuel generation ratio was 0.71, meaning
that about 71% of all electricity in the United States is generated
from fossil fuels.
The approach taken in today's rulemaking to estimate the fossil
fuel consumption associated with electricity consumption applies the
national average contribution of fossil fuel to electricity generation.
This approach would result in reductions in electricity consumption
being treated the same across all geographic areas, and would not
reflect regional variations in the contribution of fossil fuels to
electricity generation. DOE is considering a regional approach to
establishing the average fossil fuel fraction associated with building
energy use. Prior to reaching a conclusion regarding the use of
national or regional averages of fossil fuel inputs to the electric
sector, DOE will evaluate both approaches and both average and marginal
factors to determine their likely effects on agency decision-making and
their ability to provide an accurate indication of the likely impacts
of reductions in Federal agency electricity use on the use of fossil
fuels in the electric sector. For example, the use of national average
fossil fuel inputs to electric sector (rather than regional averages)
may provide a better indication of the actual fossil fuel reductions
likely to result from reductions in electricity use. Reductions in
future electricity demand are likely to cause electric utilities to
reduce the power supplied by those electricity generation units or
sources that have the highest marginal costs. Over both the short and
long run, the types of power generation that have the highest marginal
costs are more likely to be fossil fuel units than those powered by
nuclear, hydropower or other renewable energy sources. This is likely
to be true in all regions of the country, regardless of their current
or projected reliance on fossil fuels to generate electricity. Regional
marginal fossil fuel reduction factors may also be appropriate. DOE
invites comments on whether it should use a national or regional
approach and average or marginal factors to estimate the fossil fuel
consumption associated with electricity consumption, taking into
consideration the potential implications on agency decision-making and
actual fossil fuel use.
The fossil fuel-generated energy consumption baseline column in
Table 1 below is calculated directly from Table C1 in the 2003 CBECS.
For each building type, the primary electrical energy is multiplied by
the fossil fuel generation ratio then added to the direct fossil fuel
consumption to get the total fossil fuel-generated consumption for that
particular building type. The total fossil fuel consumption is then
divided by the total floorspace for that building type to get the
fossil fuel-generated energy consumption, as reported in Table 1 below.
DOE is proposing building type definitions based largely on the CBECS
glossary, with some minimal modifications for regulatory clarity. DOE
requests comment on the building type definitions.
The baselines provided in Table 1 do not currently reflect any
adjustment for climate-related variations in building energy use. As
discussed elsewhere in this proposed rule, DOE believes a climate
adjustment is necessary to provide reasonable baselines, and DOE is
seeking comment on this issue. In a final rule, DOE intends to update
the values provided in Table 1 for climate.
Residential Buildings Baseline--RECS
ECPA as amended by EISA requires that the fossil fuel-generated
energy consumption of new Federal buildings and Federal buildings
undergoing major renovations be compared to that of similar buildings
in fiscal year 2003 as measured by CBECS or RECS data (42 U.S.C.
6834(a)(3)(D)(i)(I)). Residential Energy Consumption Surveys (RECS)
were conducted in 2001 and 2005; there is no data for 2003. Because the
2005
[[Page 63408]]
RECS data is the most recently available data at the time of this
proposed rulemaking, DOE expects to use the 2005 RECS data as a
baseline.
As with the CBECS data for commercial buildings, the limited number
of buildings surveyed by RECS data does not always allow for a direct
calculation of building energy use by climate zone and building type
without additional analysis. DOE believes, however, that a climate
adjustment is necessary to provide more reasonable baselines. DOE,
therefore, proposes to establish fossil fuel-generated energy
requirements based on building type using RECS data, and then apply a
climate adjustment using the climate zones defined in the baseline
energy efficiency standard at 10 CFR part 435 (the 2004 IECC). This
ensures that new Federal buildings will have to achieve reductions
commensurate to a baseline appropriate for their respective climate
zone, rather than to a national average baseline that is either too
cold or too warm for their particular needs. DOE solicits comment on
the best technique for calculating the climate adjustment for the
different building types.
The 2005 RECS lists direct consumption of fossil fuels by
households in Table US9 available at https://www.eia.doe.gov/emeu/recs/recs2005/hc2005_tables/c&e/excel/tableus9.xls in columns labeled
natural gas, fuel oil, kerosene, and LPG. To calculate the total fossil
fuel-generated energy consumption per household for each type of
housing unit, the direct fossil fuel consumption per household and
fossil fuel consumption for electricity consumption per household are
summed, using the same factors to determine the fossil fuel fraction of
residential electricity consumption that was used for commercial
buildings. The total fossil fuel-generated energy consumption per
household is then divided by the average floorspace for each type of
housing unit. The average floor space for each type of housing unit can
be found at https://www.eia.doe.gov/emeu/recs/recs2005/c&e/summary/excel/tableus1part1.xls. This calculation produces the fossil fuel use
per square foot for each type of housing unit. The results can be found
in the baseline column of Table 2 below. DOE is proposing building type
definitions based largely on the RECS glossary, with some minimal
modifications for regulatory clarity. For example, the 2005 RECS data
includes values for ``manufactured homes'' although the RECS glossary
does not define ``manufactured homes'' but does define ``mobile home.''
DOE requests comment on the building type definitions.
The baselines provided in Table 2 do not currently reflect any
adjustment for climate-related variations in building energy use. As
discussed elsewhere in this proposed rule, DOE believes a climate
adjustment is necessary to provide reasonable baselines, and DOE is
seeking comment on this issue. In a final rule, DOE intends to update
the values provided in Table 2 for climate.
When using Table 2, it is important to note a shortcoming of RECS
data for use in performance standards for Federal buildings. The
shortcoming is that RECS data is collected on a per household basis and
does not include energy use in common areas. As a result, the value for
fossil fuel-generated energy consumption per square foot of floorspace
shown in Table 2 only accounts for the non-common areas of these
buildings. DOE considered accounting for common area energy use in the
requirements, but RECS does not collect that data. To resolve this
issue, DOE proposes applying the RECS-derived fossil fuel requirements
to all applicable floorspace, including common and non-common areas.
The benefits of this approach are that it is relatively simple and will
not make it more difficult for building designers to show compliance.
Because common areas account for a small fraction of floorspace, the
effect on the requirement will be minimal. Also, common areas often
have a lower energy intensity, so by using only non-common areas the
maximum allowable fossil fuel-generated energy requirement will, if
anything, be slightly higher. DOE welcomes comments on this approach or
other specific approaches that could be used to develop the RECS-
derived requirements.
Calculation of Maximum Allowable Fossil Fuel-Generated Energy
Consumption
Once the baseline fossil fuel-generated energy consumption from the
2003 CBECS and 2005 RECS has been determined, the consumption reduction
requirements as specified in ECPA as amended by EISA should be
calculated. Again, although the baselines provided in Tables 1 and 2 do
not currently reflect any adjustment for climate-related variations in
building energy use, DOE is developing fossil fuel-generated energy
requirements based on building type using CBECS or RECS data, and then
applying a climate adjustment. In a final rule, DOE intends to update
the values provided in Tables 1 and 2 for climate.
The requirements derived from CBECS, which apply to commercial
buildings, are shown in Table 1. The consumption reduction requirements
derived from RECS, which apply to both multi-family high-rise
residential buildings and low-rise residential buildings, are found in
Table 2. In this rulemaking DOE is proposing a revised definition of
``Multi-family high-rise residential building,'' largely based on the
definition at 10 CFR 434.201, although the proposed definition
clarifies that multi-family high-rise residential buildings are
designed to be four or more stories above grade.
As discussed above, Tables 1 and 2 show data only at the national
level, with national average values used for the fossil fuel generation
ratio of 0.71. As discussed elsewhere in this rule, DOE is considering
and invites comments on whether it should use a national or regional
approach and average or marginal factors to estimate the fossil fuel
consumption associated with electricity consumption.
For purposes of simplification, values in these tables have been
truncated to the nearest kBtu/ft\2\. In today's notice, the fossil
fuel-generated energy consumption percentage reductions are presented
as maximum allowable fossil fuel-generated energy consumption levels.
Because the figures are premised on the proposed baseline values, the
percentage reductions equate to the absolute values which are presented
as the maximum allowable values. For ease of agency interpretation, the
maximum allowable approach was used in today's notice.
[[Page 63409]]
Table 1--2003 CBECS Fossil Fuel-Generated Energy Consumption Baseline and Maximum Allowable Fossil Fuel-Generated Energy Consumption by Building Type
and Fiscal Year (FY), kBtu/ft\2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2012-2014 FY 2015-2019 FY 2020-2024 FY 2025-2029 FY 2030 and
---------------------------------------------------------------- beyond
Building type Baseline (kBtu/ ---------------
ft\2\) 55% reduction 65% reduction 80% reduction 90% reduction 100% reduction
(kBtu/ft\2\) (kBtu/ft\2\) (kBtu/ft\2\) (kBtu/ft\2\) (kBtu/ft\2\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Education............................................... 126 57 44 25 13 0
Food Sales.............................................. 387 174 135 77 39 0
Food Service............................................ 404 182 141 81 40 0
Health Care (Inpatient)................................. 313 141 109 63 31 0
Health Care (Outpatient)................................ 148 67 52 30 15 0
Lodging................................................. 148 67 52 30 15 0
Retail (Other Than Mall)................................ 126 57 44 25 13 0
Office.................................................. 160 72 56 32 16 0
Public Assembly......................................... 125 56 44 25 12 0
Public Order and Safety................................. 146 66 51 29 15 0
Religious Worship....................................... 62 28 22 12 6 0
Service................................................. 113 51 40 23 11 0
Warehouse and Storage................................... 66 30 23 13 7 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2--2005 RECS Fossil Fuel-Generated Energy Consumption Baseline and Maximum Allowable Fossil Fuel-Generated Energy Consumption by Type of High-Rise
or Low-Rise Housing Unit, kBtu/ft\2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2012-2014 FY 2015-2019 FY 2020-2024 FY 2025-2029 FY 2030 and
---------------------------------------------------------------- beyond
Building type Baseline (kBtu/ ---------------
ft\2\) 55% reduction 65% reduction 80% reduction 90% reduction 100% reduction
(kBtu/ft\2\) (kBtu/ft\2\) (kBtu/ft\2\) (kBtu/ft\2\) (kBtu/ft\2\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Single-Family Detached.................................. 59 27 21 12 6 0
Single-Family Attached.................................. 66 30 23 13 7 0
Multi-Family in 2-4 Unit Buildings...................... 105 47 37 21 11 0
Multi-Family in 5 or More Unit Buildings................ 94 42 33 19 9 0
Manufactured Homes...................................... 115 52 40 23 12 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
DOE recognizes that the required reductions identified in the above
tables for the years preceding FY 2030 may change based on how climate
and fossil fuels are considered and characterized. However, the FY 2030
requirement for buildings to be designed such that the fossil fuel-
generated energy consumption is zero would remain unchanged.
Although ECPA as amended by EISA requires that new Federal
buildings and Federal buildings undergoing major renovations be
designed so that fossil fuel-generated energy consumption of the
buildings is reduced as compared with such energy consumption by a
similar building in fiscal year 2003 (as measured by CBECS and RECS),
there are some building types for which no amount of processing of
CBECS and RECS data will yield an appropriate baseline for comparison.
Examples might include industrialized or research facilities. For
purpose of determining the Maximum Allowable Fossil Fuel Energy
Consumption for these buildings not addressed by CBECS or RECS, DOE
proposes to use the ASHRAE's Performance Rating Method to determine the
baseline energy consumption for a new Federal commercial or multi-
family high-rise residential building, and the IECC's Simulated
Performance Alternative to determine the baseline energy consumption
for a new Federal low-rise residential building. DOE welcomes input on
this approach.
Calculation of Proposed Building Fossil Fuel-Generated Energy
Consumption
To determine compliance, DOE is proposing that the fossil fuel-
generated energy consumption of the proposed new Federal building or
Federal building undergoing major renovation should be estimated using
the Performance Rating Method found in Appendix G of ANSI/ASHRAE/IESNA
Standard 90.1-2004 for commercial and multi-family high-rise
residential buildings, and the ICC International Energy Conservation
Code 2004 Supplement for low-rise residential buildings. These are the
same methods already prescribed at 10 CFR parts 433 and 435,
respectively. Because of the complexity involved in estimating fossil
fuel-generated energy consumption, this compliance requirement
effectively requires the use of a whole building simulation tool. Whole
building simulations are already performed today for most medium- and
large-sized buildings to accurately estimate loads for purposes of
sizing HVAC equipment for evaluating buildings under voluntary industry
building codes. The outputs from these tools typically include site
energy usage for both electricity and fossil fuel.
To compare the estimated fossil fuel-generated energy consumption
from the whole-building simulation tool to the maximum allowable fossil
fuel-generated energy consumption under the statute, the designer
should first calculate the primary electrical energy by multiplying the
site electrical energy (from the whole building simulation), including
receptacle and process loads, by the electricity source energy factor.
The designer then calculates the fossil fuel-generated electrical
consumption by multiplying the primary electrical energy by the fossil
fuel-generation ratio. Finally, the designer must then sum up the
fossil fuel-generated electrical consumption and any non-
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electrical fossil fuels directly used in the proposed building (such as
gas furnaces, gas cooking stoves, gas water heaters, etc.). The sum
should be less than or equal to the required fossil fuel-generated
energy consumption value for the appropriate building type.
The electricity source energy factor is the ratio of primary
electrical energy consumed to generate and deliver energy to a site to
the electrical energy consumed on site. DOE is proposing that the
electricity source energy factor would be calculated by dividing the
average utility delivery ratio in Table 6.2.4 of the DOE Building
Energy Data Book (https://buildingsdatabook.eren.doe.gov/docs/xls_pdf/6.2.4.xls) by 3412 to convert the value from Btu/kWh to kWh/kWh. The
fossil fuel generation ratio would be calculated using the EIA's latest
Electric Power Annual report by summing the electric generation from
coal, petroleum, natural gas, and other gases (derived from fossil
fuels) and then dividing by the total electric generation.
DOE notes that the simulation analysis requirement may be
burdensome for designers of some buildings, particularly small
buildings. DOE also acknowledges that the Advanced Energy Design Guides
(AEDGs) have been completed for a few building types, including the
most significant commercial building types and sizes, but the AEDGS are
not designed to achieve the reduction levels necessary under this rule.
DOE welcomes comments on alternatives to a whole building simulation to
demonstrate compliance of these buildings with the requirements of this
proposed rulemaking. DOE also welcomes comments on the calculations
methods discussed in this section.
Plug and Process Energy Consumption
EPACT 2005 as amended by EISA requires that building be designed so
that the fossil fuel-generated energy consumption of the buildings is
reduced as compared with such energy consumption by a similar building
as measured by CBECS and RECS. All building energy consumption,
including plug and process energy consumption, is included in baseline
CBECS and RECS data, and thus is also factored into the maximum
allowable fossil fuel-generated energy consumption. Therefore, it is
necessary that plug and process loads also be included in the fossil
fuel-generated energy consumption of the new Federal building or
Federal building undergoing major renovations. This is consistent with
Table G3.1.12 in Appendix G, Performance Rating Method, ASHRAE Standard
90.1-2004. DOE acknowledges the difficulty of estimating plug and
process loads and that their inclusion may make it more difficult to
achieve the mandated fossil fuel-generated energy consumption
reductions. DOE welcomes comments on how the proposed rule can be
designed such that the assumptions used in the whole building
simulations accurately reflect, to the best degree possible, the final
building design and the operation of the building, including plug and
process loads.
Purchase of Offsite Renewable Energy
In order to meet the maximum allowable fossil fuel-generated energy
consumption requirements mandated by ECPA as amended by EISA, fossil
fuel-generated energy consumption could be offset with use of energy
created from other sources, including renewable energy sources. DOE
also recognizes there may be physical limitations to the amount of on-
site renewable electricity that can be produced, and it may be more
affordable in some cases for an agency to purchase electricity from
centralized renewable energy-generation facilities. As an example,
ASHRAE Standard 189.1-2009, ``The Standard for High-Performance Green
Buildings,'' has an on-site renewable energy requirement, but allows
the use of Renewable Energy Certificates as an alternative to meet the
requirement.
DOE is concerned however, that purchase of renewable energy-
generated electricity via Renewable Energy Certificates or direct Power
Purchase Agreements may simply reduce the amount of renewable energy
available for purchase by other entities within the U.S. and may not
necessarily lead to an overall decrease in domestic fossil fuel-
generated energy consumption. In addition, unlike Power Purchase
Agreements, the purchase of Renewable Energy Certificates does not
involve a long-term binding agreement and can readily be cancelled. It
should also be noted that the use of Renewable Energy Certificates is
being phased out by January 2012, as a way to meet the renewable energy
consumption levels established under section 203 of EPACT 2005 and
Executive Order 13423 (see ``Renewable Energy Requirement Guidance for
EPACT 2005 and Executive Order 13423,'' available at: https://www1.eere.energy.gov/femp/pdfs/epact05_fedrenewenergyguid.pdf).
DOE is leaning toward allowing Power Purchase Agreements with a
long-term contract to count toward meeting the fossil fuel-generated
energy consumption reduction requirements, but not allowing Renewable
Energy Certificates. Under this approach, agencies would be allowed to
subtract the annual electricity generated by the renewable energy-
generation facility from the building's annual site electrical energy
consumption. The building designer would use this quantity, the net
site electrical energy consumption, when calculating the building's
fossil fuel-generated energy consumption. In effect, the Power Purchase
Agreements would help agencies meet the fossil fuel consumption
requirements. DOE invites comments on how Renewable Energy Certificates
and Power Purchase Agreements should be addressed in the context of
this rulemaking. DOE also invites comments on the proposed approach
with respect to Power Purchase Agreements.
Potential Impact on Onsite Electrical Generation From Natural Gas
DOE is interested in the effect of fossil fuel-generated energy
consumption reduction requirements on distributed energy technologies
that provide onsite electrical generation from natural gas such as in
power plants and combined heat and power (CHP) systems. At power plants
and in CHP systems, natural gas is used to generate both heat and
electricity. A building with a CHP system could potentially be an all-
gas building in terms of utility purchases and would therefore be
required to reduce natural gas consumption in accordance with the
fossil fuel-generated energy consumption reduction requirements. DOE's
intent is to ensure the rule does not penalize or discourage the use of
on-site CHP systems, and invites comments how appropriate credit may be
given for CHP systems through the compliance determination methodology.
E. Cost Analysis
Given the significant reductions in fossil fuel-generated energy
consumption that would be required in today's proposed rulemaking, one
obvious question is how much will compliance with this proposed rule
impact the cost of new Federal construction and major renovations. The
answer to that question depends both on the building type and type of
housing unit being constructed and the level of fossil fuel-generated
energy consumption reduction that is required. DOE commissioned a study
by Pacific Northwest National Laboratory in 2008 to look at the
incremental costs of high performance buildings. Cost data for high
performance buildings is fairly rare and many times the costs for
achieving high levels of energy efficiency are intermingled with the
costs to achieve
[[Page 63411]]
more sustainable design. That report entitled, ``Literature Review of
Data on the Incremental Costs to Design and Build Low-Energy Buildings
(Hunt, WD, 2008, PNNL-17502 and available at https://www.pnl.gov/main/publications/external/technical_reports/PNNL-17502.pdf) came to the
following key findings as noted in the summary of the document:
Key findings of this literature review are as follows:
1. Objectively-developed and verifiable data on the cost premium
for low-energy (high efficiency) buildings are very limited. Most of
the literature focused on green or sustainable buildings, not on
low-energy buildings.
2. In cases where energy efficiency cost data were available,
the cost premiums ranged from 1% to 7%. In most cases, the cost
premium was less than 4%.
3. Technology solutions are available right now to achieve
savings on the order of 30% and more over ASHRAE Standard 90.1-2004;
however, cost-effectiveness of these technology solutions is often
not addressed.
4. Independent surveys administered to assess the perceptions of
building owners and designers regarding the costs to build and
operate green/energy-efficient buildings, and the willingness of
owners/developers to invest in green/energy-efficient buildings,
reveal some interesting common threads.
i. There is a perception that energy-efficient/green buildings
cost significantly more to design (starting at a 5% premium) and
represent a key barrier with decision makers.
ii. There seems to be a potential willingness (as implied or
measured through survey responses) to build more energy-efficient
buildings for cost premiums below 5%.
In response to the third key finding listed in the report, DOE
began calculating cost impacts for their work associated with AEDGs.
Cost impact data are available in the technical support document (TSD)
of one published ASHRAE AEDG for small warehouses that are 30% better
than Standard 90.1-2004 and four TSDs prepared by DOE for support of
future AEDGs that will achieve 50% savings over Standard 90.1-2004. The
four TSDs are for medium offices, roadside lodging, general retail, and
grocery stores. DOE expects to develop six additional TSDs for small
offices, large offices, quick service restaurants, large hospitals,
university dormitories, and K-12 schools in FY10. These additional TSDs
were not available at the time this notice was prepared.
The available TSDs may be found at: Small Warehouse (30% savings)--
https://www.pnl.gov/main/publications/external/technical_reports/PNNL-17056.pdf. General Merchandise (50% savings)--https://www.nrel.gov/docs/fy09osti/46100.pdf. Grocery Stores (50% savings)--https://www.nrel.gov/docs/fy09osti/46101.pdf. Highway Lodging Buildings (50% savings)--
https://www.pnl.gov/main/publications/external/technical_reports/PNNL-18773.pdf. Medium Office (50% savings)--https://www.pnl.gov/main/publications/external/technical_reports/PNNL-19004.pdf.
Results from the cost analyses in three of these TSDs--small
warehouse, highway lodging, and medium office--are shown below in Table
3. Ranges in the results are a function of climate zone, with buildings
in some climates zones costing more or generating less energy savings.
Multiple HVAC systems were evaluated for the 50% medium office--a more
efficient but more expensive radiant system and a more standard
variable air volume (VAV) system. It should be noted that all of the
buildings analyzed for the TSDs did have increased first costs, but
that the energy savings provided relatively good payback periods.
Table 3--Cost Effectiveness Analysis of Highly Energy Efficient Buildings
----------------------------------------------------------------------------------------------------------------
Incremental cost Simple payback on
TSD Building square Incremental cost ($ (percentage energy savings
footage per ft\2\) increase) (years)
----------------------------------------------------------------------------------------------------------------
Warehouse................... 50,000 ft\2\....... 1.88 to 3.56....... 2.6% to 7%......... 6.0 to 13.5.
Highway Lodging............. 43,000 ft\2\....... 7.58 to 10.85...... 8.4% to 8.7%....... 9.6 to 15.9.
Medium Office............... 53,600 ft\2\....... 5.47 to 9.03 5.4% to 7.0% 5.6 to 11.1
(Radiant) 2.37 to (Radiant) 2.7% to (Radiant) 3.3 to
4.22 (VAV). 3.9% (VAV). 6.2 (VAV).
----------------------------------------------------------------------------------------------------------------
Consideration of the graduated levels of fossil fuel-generated
energy consumption reduction listed in the statute (55%, 65%, 80%, 90%,
and 100%), coupled with the fact that a percentage reduction is not
directly comparable to a 30% or 50% savings over ASHRAE Standard 90.1-
2004, makes it hard to determine what level of savings is associated
with the 1% to 7% cost premiums cited in the PNNL study (``Literature
Review of Data on the Incremental Costs to Design and Build Low-Energy
Buildings,'' Hunt, WD, 2008, PNNL-17502). Converting both the
requirements of this proposed rulemaking and the simulated performance
of buildings built to 30% better than ASHRAE Standard 90.1-2004 to a
common Energy Use Intensity basis provides a better method of
comparison. Also note that the comparison must be made on a similar
energy basis. Today's proposed rulemaking applies to fossil fuel-
generated energy consumption, which is close to source energy, while
results from the TSDs are typically expressed in site energy.
Table 4 shows the comparison of the fossil fuel-generated energy
consumption reductions proposed in this rulemaking to the fossil fuel
reductions achieved in the simulations associated with two of the TSDs,
the medium office and highway lodging.
Table 4--Fossil Fuel-Generated Energy Consumption Proposed in Today's Rulemaking and Calculated in Selected AEDGs
--------------------------------------------------------------------------------------------------------------------------------------------------------
55% Fossil 65% Fossil 80% Fossil Fossil fuel
fuel reduction fuel reduction fuel reduction reduction
Building type from CBECS from CBECS from CBECS calculated in Incremental cost (percentage increase)
kBtu/ft\2\ kBtu/ft\2\ kBtu/ft\2\ TSD kBtu/ft\2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Medium Office (Rad)............................ 72 56 32 49.2 5.4% to 7.0%.
Medium Office (VAV)............................ 72 56 32 63.6 2.7% to 3.9%.
Highway Lodging................................ 67 52 30 56.4 8.4% to 8.7%.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 63412]]
Table 4 indicates that the estimated cost savings from the 50% TSDs
can be used to support the fact that 55% fossil fuel-generated energy
consumption reductions and perhaps even 65% fossil fuel-generated
energy consumption reductions from CBECS will require cost increases of
no more than 8.7%. None of the savings achieved in the 50% TSDs
approach the reduction mandated at the 80% fossil fuel-generated energy
consumption reduction level, so the cost estimates for that level of
savings and higher levels cannot be estimated.
With respect to residential buildings, DOE does not anticipate that
there will be many low-rise residential buildings that will fall under
today's proposed rulemaking as most Federal low-rise residential
buildings are not likely to be public buildings or buildings for which
construction costs are at least $2.5 million in 2007 dollars, which are
criteria that determine whether buildings are subject to the
requirements in today's proposed rule. The only low-rise residential
buildings that might be considered to fall under today's proposed rule
would be low-rise military barracks, and those barracks are best
considered to be similar to the dormitory or lodging building types
found in CBECS.
Using CBECS and RECS baselines without a climate adjustment puts
buildings in colder climate zones at a cost disadvantage because the
non-adjusted baseline would be lower than for one adjusted for climate.
A non-adjusted baseline for colder climates would require larger, more
costly fossil fuel-generated energy consumption reductions. Conversely,
using CBECS and RECS baselines without a climate adjustment provides a
cost advantage to buildings in warmer climate zones because the
baseline would be greater than for one adjusted for climate. A non-
adjusted baseline for warmer climates would require smaller, less
costly fossil fuel-generated energy consumption reductions.
However, adjusting for climate in both the baseline and the
required reduction level would be expected to eliminate potential
regional inequity that could result from climate variation and help
ensure that the fossil fuel-generated energy consumption reductions are
commensurate to the climate zone. Similarly, consideration of regional
variations in the fossil fuel contribution to electricity is not
expected to result in substantial differences in the compliance burden
for buildings across regions so long as regional variations are also
reflected in the baseline buildings. If the regional values were used
for both the baseline building and the required reduction level, the
burden of meeting the percentage reductions would remain roughly the
same in all regions (although regions with low fossil fuel use in the
electric sector might have to find more savings in non-electric en
