Determination Regarding Energy Efficiency Improvements in ANSI/ASHRAE/IES Standard 90.1-2013: Energy Standard for Buildings, Except Low-Rise Residential Buildings, 57900-57915 [2014-22882]
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Issued in Washington, DC on September
17, 2014.
LaTanya R. Butler,
Deputy Committee Management Officer.
[FR Doc. 2014–22889 Filed 9–25–14; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Docket No. EERE–2014–BT–DET–0009]
RIN 1904–AD27
Determination Regarding Energy
Efficiency Improvements in ANSI/
ASHRAE/IES Standard 90.1–2013:
Energy Standard for Buildings, Except
Low-Rise Residential Buildings
Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of determination.
AGENCY:
The U.S. Department of
Energy (DOE) has determined that the
2013 edition of the ANSI/ASHRAE/IES 1
Standard 90.1: Energy Standard for
Buildings, Except Low-Rise Residential
Buildings would improve energy
efficiency in buildings subject to the
code compared to the 2010 edition of
Standard 90.1. DOE has determined that
buildings built to Standard 90.1–2013,
as compared with buildings built to
Standard 90.1–2010, would result in
national source energy savings of
approximately 8.5 percent and site
energy savings of approximately 7.6
percent of commercial building energy
consumption. Upon publication of this
affirmative determination, States are
required to certify that they have
reviewed the provisions of their
commercial building code regarding
energy efficiency, and, as necessary,
updated their codes to meet or exceed
Standard 90.1–2013. Additionally, this
notice provides guidance to States on
certifications and requests for
extensions of deadlines for certification
statements.
DATES: Certification statements provided
by States must be submitted by
September 28, 2015.
ADDRESSES: Certification Statements
must be addressed to the Building
Technologies Office—Building Energy
Codes Program Manager, U.S.
Department of Energy, Office of Energy
Efficiency and Renewable Energy, 1000
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1 American National Standards Institute (ANSI)/
American Society of Heating, Refrigerating, and AirConditioning Engineers (ASHRAE)/Illuminating
Engineering Society (IES).
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I. Statutory Authority
II. Introduction
III. Methodology
IV. Summary of Findings
V. Determination Statement
VI. State Certification
VII. Regulatory Review & Analysis
Title III of the Energy Conservation
and Production Act, as amended
(ECPA), establishes requirements for
building energy conservation standards,
administered by the DOE Building
Energy Codes Program. (42 U.S.C. 6831
et seq.) Section 304(b), as amended, of
ECPA provides that whenever the ANSI/
ASHRAE/IESNA Standard 90.1–1989
(Standard 90.1–1989 or 1989 edition), or
any successor to that code, is revised,
the Secretary of Energy (Secretary) must
make a determination, not later than 12
months after such revision, whether the
revised code would improve energy
efficiency in commercial buildings, and
must publish notice of such
determination in the Federal Register.
(42 U.S.C. 6833(b)(2)(A)) The Secretary
may determine that the revision of
Standard 90.1–1989, or any successor
thereof, improves the level of energy
efficiency in commercial buildings. If
so, then not later than 2 years after the
date of the publication of such
affirmative determination, each State is
required to certify that it has reviewed
and updated the provisions of its
commercial building code regarding
energy efficiency with respect to the
revised or successor code. (42 U.S.C.
6833(b)(2)(B)(i)) Each State must
include in its certification a
demonstration that the provisions of its
commercial building code, regarding
energy efficiency, meet or exceed the
revised Standard. (42 U.S.C.
6833(b)(2)(B)(i))
If the Secretary makes a determination
that the revised Standard will not
improve energy efficiency in
commercial buildings, State commercial
codes shall meet or exceed the last
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revised Standard for which the
Secretary has made an affirmative
determination. (42 U.S.C.
6833(b)(2)(B)(ii)) On October 19, 2011,
DOE published its determination in the
Federal Register updating the reference
code to Standard 90.1–2010. (76 FR
64904)
ECPA also requires the Secretary to
permit extensions of the deadlines for
the State certification if a State can
demonstrate that it has made a good
faith effort to comply with the
requirements of Section 304(b) of ECPA
and that it has made significant progress
in doing so. (42 U.S.C. 6833(c)) DOE is
also directed to provide technical
assistance to States to support
implementation of State residential and
commercial building energy efficiency
codes. (42 U.S.C. 6833(d))
II. Introduction
I. Statutory Authority
SUMMARY:
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Independence Avenue SW., EE–5B,
Washington, DC 20585.
FOR FURTHER INFORMATION CONTACT:
Jeremiah Williams; U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, 1000 Independence
Avenue SW., EE–5B, Washington, DC
20585; (202) 287–1941;
Jeremiah.Williams@ee.doe.gov.
For legal issues, please contact Kavita
Vaidyanathan; U.S. Department of
Energy, Office of the General Counsel,
1000 Independence Avenue SW., GC–
71, Washington, DC 20585; (202) 586–
0669; Kavita.Vaidyanathan@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Publication of Standard 90.1–2013
The American Society of Heating,
Refrigerating and Air-Conditioning
Engineers (ASHRAE) and Illuminating
Engineering Society (IES) approved the
publication of the 2013 edition of
Energy Standard for Buildings Except
Low-Rise Residential Buildings in
October 2013. The Standard is
developed under ANSI-approved
consensus procedures,2 and is under
continuous maintenance by a Standing
Standard Project Committee. ASHRAE
has established a program for regular
publication of addenda, or revisions,
including procedures for timely,
documented, consensus action on
requested changes to the Standard. The
American National Standards Institute
(ANSI) approved the final addendum for
inclusion in the 2013 edition in
September 2013. Standard 90.1–2013
was published in October 2013.3 More
information on ANSI/ASHRAE/IES
Standard 90.1–2013 is available at:
https://www.ashrae.org/resourcespublications/bookstore/standard-90-1.
DOE Determination
In arriving at its determination, DOE
reviewed all changes between the 2013
and 2010 editions of Standard 90.1.
Standard 90.1 is complex and covers a
broad spectrum of the energy-related
components and systems in buildings,
ranging from simpler commercial
buildings to more complex hospitals
and laboratory facilities. Standard 90.1–
2 An overview of the ANSI consensus process is
available at https://www.ansi.org/standards_
activities/domestic_programs/overview.aspx?
menuid=3.
3 ASHRAE press release available at https://www.
ashrae.org/news/2013/ashrae-ies-publish-2013energy-standard-changes-for-envelope-lightingmechanical-sections.
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2013 was developed through the same
approach as the previous 2010 edition,
which involves committee approval
through a consensus process consistent
with ANSI procedures for developing
industry standards. The 2013 edition
contains no significant changes to the
overall scope or the structure of the
Standard. As a result, DOE preliminarily
determined that the methodology used
for the analysis of Standard 90.1–2010
should again be utilized for the analysis
of Standard 90.1–2013. DOE published
a Notice of Preliminary Determination
regarding Standard 90.1–2013 in the
Federal Register on May 15, 2014. (79
FR 27778)
Public Comments Regarding the
Determination
DOE accepted public comments on
the Notice of Preliminary Determination
for Standard 90.1–2013 until June 16,
2014. DOE received timely submissions
from a total of three commenters. These
comments are discussed below.
Jim Ranfone submitted a written
document (Docket No. EERE–2014–BT–
DET–0009–0002) containing three
comments. In his first comment, Mr.
Ranfone questions the economic basis of
Standard 90.1, in particular the fact that
ASHRAE does not use marginal costs for
natural gas. Mr. Ranfone indicates that
this will overstate the cost savings from
the energy upgrades in the Standard. In
response, DOE notes that it is directed
by statute to evaluate published editions
of Standard 90.1 and issue a
determination as to whether the
updated edition will result in energy
savings in commercial buildings. DOE is
not given the authority to dictate
specific economic criteria informing the
decisions of the ASHRAE Standard 90.1
Committee. DOE notes that the
membership of the ASHRAE Standard
90.1 Committee, itself, develops
economic criteria to inform its decisions
surrounding the cost-effectiveness of
proposed code changes. As a national
model, the Standard 90.1 Committee
chose to reference national average
values in the development of the
Standard. In his second comment, Mr.
Ranfone questioned the use of a blended
rate for heating costs. He contends that
the blended rate skews the basic energy
cost assumptions by overstating
efficiency improvements that affect
natural gas, and understating electric
savings for improvements affecting
electricity savings. In response, DOE
notes that it is directed by statute to
evaluate published editions of Standard
90.1, and issue a determination as to
whether the updated edition will result
in energy savings in commercial
buildings. DOE is not given the
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authority to dictate specific cost
parameters and other economic criteria
informing the decisions of the ASHRAE
Standard 90.1 Committee. Specific to
the topic of ‘‘blended’’ utility costs, DOE
has reviewed the economic criteria
established by the ASHRAE Standard
90.1 Committee, and notes criteria
employed in Standard 90.1–2013 as
consistent with past criteria used in the
development of the Standard—an
approach that appears unchanged since
the development of Standard 90.1–1999.
In his third comment, Mr. Ranfone also
questioned the inclusion of
requirements in Standard 90.1–2013
that are neutral in terms of energy
efficiency, but which would add costs
for compliance, specifically citing
requirements for electric and fuel
meters. In response, DOE again notes its
statutory role in assessing energy
savings associated with Standard 90.1,
and in issuing a determination of energy
savings for commercial buildings. DOE
is not given the authority to reconcile
costs of specific code provisions, or
overall economics surrounding updated
codes, as part of its energy savings
determination. Rather, such
consideration is provided directly as
part of the code development and
consensus process. In general, DOE
acknowledges that code changes which
do not have a direct impact on energy
efficiency are common, including a
number of changes in Standard 90.1–
2013. Such changes often target an
alternative objective, such as improved
code usability or enforceability, but
which otherwise seek to improve the
design and construction of energy
efficient buildings. Within the context
of the DOE determination, individual
addenda included in Standard 90.1–
2013 are identified and further
evaluated in the supplementary
technical support documents.
The Responsible Energy Codes
Alliance (RECA) submitted a written
document (Docket No. EERE–2014–BT–
DET–0009–0003) containing five
comments. In its first comment, RECA
encourages the Department to provide
an itemized comparison between
Standard 90.1 and the IECC. DOE has
previously conducted this type of
additional analysis as technical
assistance for States and adopting
localities in understanding the
provisions of the respective editions of
Standard 90.1 and the IECC. DOE
acknowledges the comparison between
Standard 90.1 and the IECC as an
important resource for States. In line
with historical practice, and as budgets
allow, DOE may prepare such a
comparison for Standard 90.1–2013 and
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the 2015 IECC commercial provisions.
RECA encourages the Department to
quickly finalize this Determination.
DOE understands the importance of
fulfilling its directives in a timely
manner, and intends to complete its
determination within the statutory
timeline set forth in 42 U.S.C.
6833(b)(2)(A). In its third comment,
RECA strongly encourages the
Department to provide resources to
improve the overall compliance rates
with commercial energy codes, as well
as compliance with specific sections.
DOE recognizes the significant energy
savings potential associated with
ensuring code-intended energy savings,
and acknowledges the importance of
resources to improve compliance rates.
In a continuing effort, DOE intends to
provide technical assistance in the form
of training materials and support for
commercial codes in order to improve
compliance rates. DOE also recently
issued a Funding Opportunity
Announcement (FOA) for improving
residential energy code compliance,
and, in the future, will investigate
means of providing additional support
pertaining to commercial energy codes.
In its fourth comment, RECA does not
believe that DOE may consider costeffectiveness as part of its determination
process, but does believe that DOE
should provide cost-effectiveness
analyses to States. As DOE has stated in
its Notice of Preliminary Determination,
it did not evaluate cost-effectiveness as
part of its energy savings determination.
However, DOE intends to continue
providing national and state-level costeffectiveness analyses as technical
assistance to States, as has been
completed in the past for Standard
90.1–2010 at https://www.energycodes.
gov/development/commercial/cost_
effectiveness. In its fifth comment,
RECA believes the DOE costeffectiveness methodology is a
reasonable compromise representing
diverse stakeholder interests, and that
the Department should maintain the
same methodology for Standard 90.1–
2013 and the 2015 IECC. DOE also
acknowledges RECA’s previous
comments on the cost-effectiveness
methodology in Docket No. EERE–2011–
BT–BC–0046. In response, DOE intends
to continue to use its current costeffectiveness methodology for analysis
of Standard 90.1–2013. In addition, DOE
is looking into the possibility of
updating its methodology for evaluating
the cost-effectiveness of building energy
codes through a public request for
information in the coming months, and
to be used in analyzing future building
energy codes and standards. DOE may
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issue a request for information prior to
finalizing the new methodology.
The Edison Electric Institute (EEI)
submitted a written document (Docket
No. EERE–2014–BT–DET–0009–0004)
containing three comments. In its first
comment, EEI suggests DOE should only
use site energy and energy cost results
in its determination on Standard 90.1–
2013, and that source energy results
should not be used. DOE notes that EEI
submitted a similar comment on the
Notice of Preliminary Determination for
Standard 90.1–2010. DOE considered
the comment again and is again
rejecting the comment. DOE continues
to believe that, in addition to the site
metric, source energy estimates are
important to the discussion of global
resources and environmental issues. In
its second comment, EEI suggests energy
savings from new or updated Federal
appliance and equipment standards
should be incorporated into the
determination on Standard 90.1–2013.
DOE notes that EEI submitted a similar
comment on the Notice of Preliminary
Determination for Standard 90.1–2010.
DOE considered the comment again and
is again rejecting the comment. Many
appliance and equipment standards are
not established directly within Standard
90.1, but rather are established by the
Federal government. For this reason,
DOE continues to believe that energy
savings resulting from new or updated
Federal standards should not be
incorporated into its determinations. In
its third comment, EEI suggests that
value associated with primary energy
for electricity is overstated based on
four specific reasons: (1) DOE
considered only commercial customers,
not residential and industrial customers;
(2) the EIA fossil fuel heat rate is too
high; (3) on-site renewable energy is
included in EIA’s data and that inflates
the primary energy data; and (4)
estimates of primary energy values
should look forward not backward. DOE
notes that EEI submitted a similar
comment on the Notice of Preliminary
Determination for Standard 90.1–2010.
DOE considered the comment again and
is again rejecting the comment because
DOE continues to believe that its use of
EIA data, conversion factors, and
treatment of renewable energy is
appropriate.
In its Notice of Preliminary
Determination, DOE expressed interest
in receiving stakeholder feedback on the
Department’s practice of providing costeffectiveness analysis to support State
energy code adoption. DOE has issued
past requests to guide the Department in
establishing an appropriate
methodology for evaluating the cost
effectiveness of building energy codes
(78 FR 47677), and expects to update
this method to ensure its assumptions
and economic criteria remain valid and
adequate for States considering
adoption of model building energy
codes. During the public comment
period, DOE did not receive any
comments (i.e., outside of factors
acknowledged above) on the overall
costs and benefits associated with
building energy codes. In the coming
months, DOE intends to issue a public
request for information to update its
cost-effectiveness analysis methodology,
and in preparation to continue
providing such technical analysis and
assistance to States implementing
building energy codes.
continuous addenda review and update
process is part of the ongoing
maintenance of the Standard, DOE does
not interpret each addendum update
after the release of the full standard as
an additional ‘‘revised or successor
standard’’ requiring a determination by
the Secretary.
III. Methodology
Qualitative Analysis
Overview of Methodology
The analysis methodology used by
DOE contains both qualitative and
quantitative components. A qualitative
comparison is undertaken to identify
textual changes between requirements
in Standard 90.1–2013 and Standard
90.1–2010, followed by a quantitative
assessment of energy savings conducted
through whole-building simulations of
buildings constructed to meet the
minimum requirements of each
Standard over the range of U.S.
climates. A discussion of the analysis
methodology, which was developed
through public comment in past DOE
determinations, can be found in the
Notice of Preliminary Determination for
Standard 90.1–2007 (75 FR 54117) and
Notice of Preliminary Determination for
Standard 90.1–2010 (76 FR 43298).
Consistent with its previous
determinations, DOE compared overall
editions of Standard 90.1. DOE
interprets the language in Section
304(b)(2) of ECPA to mean that when a
comprehensive revision of the ASHRAE
Standard is published (which in this
case is ASHRAE Standard 90.1–2013),
then that revised or successor Standard
triggers the Secretary’s obligation to
issue a determination as to whether the
revised Standard improves energy
efficiency in commercial buildings. (See
42 U.S.C. 6833(b)(2)(A)) This
determination is made by comparing the
revised or successor Standard to the last
predecessor Standard. While the
DOE performed a comparative
analysis of the textual requirements of
Standard 90.1–2013, examining the
specific changes (addenda) made
between Standard 90.1–2010 and
Standard 90.1–2013. ASHRAE publishes
changes to its standards as individual
addenda to the preceding Standard, and
then bundles all addenda together to
form the next published edition. In
creating the 2013 edition, ASHRAE
processed 110 total addenda. DOE
evaluated each of these addenda in
preparing its determination of energy
savings.
Overall, DOE found that the vast
majority of changes in creating Standard
90.1–2013 were positive (i.e., increased
energy savings) or neutral (i.e., no direct
impact on energy savings). Positive
changes significantly outweigh any
changes with a negative effect on energy
efficiency in commercial buildings. Of
the 110 total changes:
• 52 were considered positive;
• 53 were considered neutral; and
• 5 were considered negative.
Table IV.1 presents the findings
resulting from the qualitative analysis,
along with a description of the change,
as well as an assessment of the
anticipated impact on energy savings in
commercial buildings. The full
qualitative analysis is presented in a
separate technical support document
(TSD),4 available at https://www.
energycodes.gov/regulations/
determinations.
4 Halverson et al., ANSI/ASHRAE/IES Standard
90.1–2013 Determination of Energy Savings:
Qualitative Analysis (PNNL, Richland, WA (US),
July 2014), available at https://www.pnnl.gov/main/
publications/external/technical_reports/pnnl23481.pdf.
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IV. Summary of Findings
In performing its determination, DOE
performed both a qualitative and
quantitative analysis of the
requirements contained in Standard
90.1–2013. The chosen methodology for
these analyses is consistent with recent
determinations actions, and provides a
reasonable assessment of how the
Standard will impact energy savings in
commercial buildings. A summary of
the analyses supporting DOE’s
determination is outlined in the
following sections.
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TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS
Addendum to
standard 90.1–
2010 5
Sections affected
within the standard
Description of changes
Impact on energy efficiency (justification)
1 ...................
90.1–2010a ......
10. Other Equipment
and 12. Normative
References.
90.1–2010b ......
10. Other Equipment
and 12. Normative
References.
3 ...................
90.1–2010c .......
Appendix G .............
4 ...................
90.1–2010e ......
Appendix G .............
5 ...................
90.1–2010f .......
Appendix G .............
Specifies that nominal efficiencies for motors are required to
be established in accordance with 10 CFR 431 instead of
National Electrical Manufacturers Association (NEMA)
Standards. Modifies the footnotes to Tables 10.8A, 10.8B,
10.8C (now Tables 10.8–1, 10.8–2, and 10.8–3 in Standard
90.1–2013). The corresponding reference for 10 CFR 431
has also been added.
Requires escalators and moving walks to automatically slow
when not conveying passengers. The corresponding reference to American Society of Mechanical Engineers
(ASME) A17.1/CSA B44 has also been added to the Normative References.
Adds requirements for laboratory exhaust fans to Section
G3.1.1, Baseline HVAC System Type and Definition. Lab
exhaust fans are required to be modeled as constant horsepower, reflecting constant volume stack discharge with outside air bypass.
Updates language in Section G3.1, part 5, ‘‘Building Envelope,’’ to require that existing buildings use the same envelope baseline as new buildings with the exception of fenestration area.
Modifies Section G.3.1, ‘‘Building Envelope.’’ Specifies the
vertical fenestration area for calculating baseline building
performance for new buildings and additions.
Neutral (simply
specifies alternate
rating standard).
2 ...................
6 ...................
90.1–2010g ......
6. Heating, Ventilating, and AirConditioning and
12. Normative
References.
7 ...................
90.1–2010h ......
6. Heating, Ventilating, and AirConditioning.
8 ...................
90.1–2010i ........
6. Heating, Ventilating, and AirConditioning and
3. Definitions.
9 ...................
90.1–2010j ........
6. Heating, Ventilating, and AirConditioning.
10 .................
90.1–2010k .......
8. Power and 12.
Normative References.
11 .................
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Number
90.1–2010l ........
6. Heating, Ventilating, and AirConditioning.
12 .................
90.1–2010m .....
9. Lighting ...............
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Adds efficiency requirements for commercial refrigerators,
freezers, and refrigeration equipment. Table 6.8.1L and
Table 6.8.1M (now Tables 6.8.1–12 and 6.8.1–13 in Standard 90.1–2013) have been added, which specify the energy
use limits for refrigerators and freezers. The corresponding
references have also been added in Chapter 12.
Modifies the minimum efficiency standards for water-to-air
heat pumps (water loop, ground water, and ground loop).
The proposed cooling energy efficiency ratios (EERs) and
heating coefficients of performance are more stringent than
the present values. Also removes the small duct high velocity heat pump product class from Table 6.8.1B (now Table
6.8.1–2 in Standard 90.1–2013).
Increases the minimum efficiency standards for single-package vertical air conditioners (SPVAC) and single-package
vertical heat pumps (SPVHP). Also creates a new product
class for SPVAC and SPVHP used in space-constrained applications. This new product class only applies to nonweatherized products with cooling capacities <36,000 British
thermal units per hour (Btu/h) and intended to replace an
existing air-conditioning (AC) unit.
Modifies the minimum efficiency requirements of evaporatively
cooled units, of size category 240,000 Btu/h to 760,000 Btu/
h and heating type-other, in Table 6.8.1A (now Table 6.8.1–
1 in Standard 90.1–2013). The value is reduced to account
for increased pressure drop in such system types. The product class, small duct high velocity air conditioner, has been
eliminated.
Modifies notes to Table 8.1 and specifies that nominal efficiencies would be established in accordance with the 10
CFR 431 test procedure for low-voltage dry-type transformers. The corresponding references have also been
added in Chapter 12.
Clarifies fan power limitations contained in Standard 90.1–
2010 that required the user to perform calculations for fan
brake horsepower (bhp) even if the simplified nameplate
horsepower (hp) option was being used.
Adds some control requirements for lighting alterations, for interior and exterior applications. Adds a section for submittals
and includes loading docks as a tradable surface. Modifies
the provisions for additional interior lighting power, which
would now be calculated on the basis of controlled wattage.
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Minor + (reduces escalator and moving walkway energy).
Neutral (whole building performance
tradeoff method
only).
Neutral (whole building performance
tradeoff method
only).
Neutral (whole building performance
tradeoff method
only).
Neutral (adopts Federal standards).
Minor + (increases
stringency of existing requirements).
Minor + (increases
stringency of existing requirements).
Minor—(due to correction of an error
in the previous
Standard).
Neutral (simply
specifies alternative rating
standard).
Neutral (editorial
correction).
Major + (adds control requirements
for lighting alterations).
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TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS—Continued
Addendum to
standard 90.1–
2010 5
Sections affected
within the standard
Description of changes
Impact on energy efficiency (justification)
13 .................
90.1–2010n ......
10. Other Equipment
90.1–2010o ......
5. Building Envelope
and 3. Definitions.
15 .................
90.1–2010p ......
5. Building Envelope
and 12. Normative
References.
16 .................
90.1–2010q ......
3. Definitions, 5.
Building Envelope,
and 12. Normative
References.
17 .................
90.1–2010r .......
Appendix G and 12.
Normative References.
18 .................
90.1–2010s .......
6. Heating, Ventilating, and AirConditioning.
19 .................
90.1–2010u ......
20 .................
90.1–2010v .......
6. Heating, Ventilating, and AirConditioning, 3.
Definitions, and
12. Normative
References.
8. Power ..................
Clarifies that the total lumens per watt for the entire elevator
cab is required to meet the efficiency requirement and that
each individual light source is not required to meet the
lumens per watt value.
Adds the definition for sectional garage doors. Also modifies
Section 5.4.3.2 (d), ‘‘fenestration air leakage provisions for
doors,’’ to include requirements for glazed sectional garage
doors.
Modifies Section 5.5.3.1 and requires roof solar reflectance
and thermal emittance testing to be in accordance with Cool
Roof Rating Council (CRRC)–1 Standard. Also modifies
Section 12 by adding the reference for CRRC.
Modifies Section 3 by changing the definition of dynamic glazing to include glazing systems or infill as well as shading
systems between glazing layers and chromogenic glazing.
Also modifies Section 5.8.2.2 by clarifying the requirements
for labeling of fenestration and door products. The corresponding references to National Fenestration Rating
Council (NFRC) in Chapter 12 have also been updated.
Clarifies the requirements related to temperature and humidity
control in Appendix G and relocates all related wording to
the ‘‘Schedules’’ section of Table 3.1. Additionally, clarity is
provided for modeling systems that provide occupant thermal comfort via means other than directly controlling the air
dry-bulb and wet-bulb temperature (i.e., radiant cooling/heating, elevated air speed, etc.). Permits the use of ASHRAE
Standard 55 for calculation of Predicted Mean Vote-Predicted Percentage Dissatisfied (PMV–PPD). Also updates
the Normative References by including a reference to
ASHRAE Standard 55–2010.
Modifies the requirement for the static pressure sensor location and the control requirements for setpoint reset for systems with direct digital control (DDC) of individual zones.
Ensures that savings from previously required static pressure reset will be realized.
Adds new definition as Fan Efficiency Grade (FEG) and requires each fan have a FEG of 67 or higher as defined by
Air Movement and Control Association (AMCA) 205–10,
‘‘Energy Efficiency Classification for Fans’’.
Neutral (clarification
only).
14 .................
90.1–2010w ......
3. Definitions, 11.
Energy Cost
Budget Method,
and Appendix G.
22 .................
90.1–2010y .......
3. Definitions and
10. Other Equipment.
23 .................
90.1–2010z .......
6. Heating, Ventilating, and AirConditioning.
Clarifies the requirement for controlled receptacles in open offices applications by changing the requirement to the
workstations themselves. Also requires the automatically
controlled receptacles to be appropriately identified for the
user’s benefit.
Adds definitions for on-site renewable energy and purchased
energy. Clarifies the process for accounting for on-site renewable energy and purchased energy as well as calculating the annual energy costs in the ECB approach and Appendix G.
Revises the definitions of general purpose electric motors
(subtype I & II) based on information from NEMA. Also updates the Standard to include the new Federal energy efficiency standards used in HVAC equipment, to be in effect
from 2015. Adds Table 10.8D (now Table 10.8–4 in Standard 90.1–2013), which specifies minimum average full-load
efficiency for Polyphase Small Electric Motors; and Table
10.8E (now Table 10.8–5 in Standard 90.1–2013), which
specifies minimum average full-load efficiency for CapacitorStart Capacitor-Run and Capacitor-Start Induction-Run
Small Electric Motors.
Relocates the requirements for water economizers into the
main economizer section, Section 6.5.1.5.
Neutral (clarification
only).
21 .................
mstockstill on DSK4VPTVN1PROD with NOTICES
Number
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19:14 Sep 25, 2014
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Minor + (reduces air
leakage in glazed
sectional garage
doors).
Neutral (simply
specifies an alternative rating
standard).
Neutral (clarification
only).
Neutral (whole building performance
tradeoff method
only).
Minor + (ensures
savings from static
pressure reset are
achieved).
Major + (applies new
requirements to
individual fans).
Neutral (whole building performance
tradeoff method
only).
Neutral (adopts Federal standards).
Neutral (editorial
only).
Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices
57905
TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS—Continued
Addendum to
standard 90.1–
2010 5
24 .................
90.1–2010aa ....
6. Heating, Ventilating, and AirConditioning and
3. Definitions.
25 .................
90.1–2010ad ....
12. Normative References.
26 .................
90.1–2010ae ....
27 .................
90.1–2010af .....
12. Normative References.
6. Heating, Ventilating, and AirConditioning.
28 .................
90.1–2010ag ....
Appendix G and 12.
Normative References.
29 .................
90.1–2010ah ....
Appendix G .............
30 .................
90.1–2010ai ......
Appendix G .............
31 .................
90.1–2010aj ......
6. Heating, Ventilating, and AirConditioning.
32 .................
90.1–2010al ......
Appendix G .............
33 .................
90.1–2010am ...
34 .................
90.1–2010an ....
6. Heating, Ventilating, and AirConditioning.
Appendix C .............
35 .................
90.1–2010ap ....
36 .................
mstockstill on DSK4VPTVN1PROD with NOTICES
Number
90.1–2010aq ....
37 .................
90.1–2010ar .....
38 .................
90.1–2010as .....
VerDate Sep<11>2014
19:14 Sep 25, 2014
Sections affected
within the standard
6. Heating, Ventilating, and AirConditioning and
3. Definitions.
6. Heating, Ventilating, and AirConditioning and
11. Energy Cost
Budget.
6. Heating, Ventilating, and AirConditioning and
3. Definitions.
6. Heating, Ventilating, and AirConditioning.
Jkt 232001
PO 00000
Impact on energy efficiency (justification)
Description of changes
Eliminates the contingency on DDC system existence for setpoint
overlap
restrictions,
humidification
and
dehumidification controls, variable air volume (VAV) fan control setpoint reset, multiple-zone VAV system ventilation optimization control, hydronic system differential pressure reset
by valve position. Instead specifies for what system types or
sizes DDC is required in new buildings and alterations. Also
specifies minimal functional requirements for DDC systems.
(Prior to this addendum certain controls requirements were
only required when the controls were provided by a DDC
system).
Adds reference to specific addenda to Air-Conditioning, Heating, and Refrigeration Institute (AHRI) standards 340/360
and 1230 being referenced.
Adds reference to specific addenda to AHRI standards 210/
240 and 550/590 being referenced.
Modifies heat rejection equipment (cooling tower) requirements to require that variable speed drive controlled fans
operate all fans at the same speed instead of sequencing
them, and require that open-circuit towers with multiple cells
operate all cells in parallel down to 50% of design flow.
Establishes a method for gaining credit in Appendix G for
buildings that undergo whole building air leakage testing to
demonstrate that they have an airtight building.
Sets system sizing requirements in Appendix G for humid climates based on humidity ratio instead of supply air temperature differential. Sets baseline system dehumidification
requirements.
Modifies Appendix G to account for three prescriptive addenda
that were incorporated into Standard 90.1–2010, but did not
make it into Appendix G in time for publication. Updates
economizer requirements to match addendum cy, establishes baseline transformer efficiency requirements to match
addendum o, and establishes path A for centrifugal chiller
baselines from addendum m.
Requires fractional horsepower motors ≥1/12 hp to be electronically commutated motors or have a minimum 70% efficiency in accordance with 10 CFR 431. Also requires adjustable speed or other method to balance airflow.
Establishes a consistent fuel source for space heating for
baseline systems based on climate zone. Establishes a consistent fuel source for service water heating (SWH) based
on building type.
Establishes minimum turndown for boilers and boiler plants
with design input power of at least 1,000,000 Btu/h.
Rewrites entire Appendix C to use a simulation based approach for envelope tradeoffs.
Adds power usage effectiveness (PUE) as an alternative compliance methodology for data centers.
Minor + (requires
additional HVAC
controls).
Neutral (updates references only).
Neutral (updates references only).
Minor + (reduces
cooling tower energy usage).
Neutral (whole building performance
tradeoff method
only).
Neutral (whole building performance
tradeoff method
only).
Neutral (whole building performance
tradeoff method
only).
Minor + (reduces
fractional horsepower motor energy usage).
Neutral (whole building performance
tradeoff method
only).
Major + (reduces energy usage for
large boilers).
Neutral (alternative
compliance method only).
Neutral (alternative
compliance method only).
Expands the requirements for fan speed control for both
chilled water and unitary direct expansion systems. In addition enhances the requirements for integrated economizer
control and defines direct expansion unit capacity staging
requirements.
Adds mandatory and prescriptive requirements for walk-in
coolers and freezers and refrigerated display cases.
Major + (reduces fan
energy usage).
Requires humidifiers mounted in the airstream to have an
automatic control valve shutting off preheat when humidification is not required, and insulation on the humidification
system dispersion tube surface. (Avoidance of simultaneous
heating and cooling at air-handling unit).
Minor + (reduces humidification energy
usage).
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Neutral (adopts Federal standards).
57906
Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices
TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS—Continued
Addendum to
standard 90.1–
2010 5
Sections affected
within the standard
Description of changes
Impact on energy efficiency (justification)
39 .................
90.1–2010at .....
90.1–2010au ....
3. Definitions, 5.
Building Envelope,
and 9. Lighting.
6. Heating, Ventilating, and AirConditioning.
41 .................
90.1–2010av .....
42 .................
90.1–2010aw ....
6. Heating, Ventilating, and AirConditioning.
11. Energy Cost
Budget and Appendix G.
43 .................
90.1–2010ax .....
Appendix G .............
44 .................
90.1–2010ay .....
3. Definitions and 9.
Lighting.
45 .................
90.1–2010az .....
6. Heating, Ventilating, and AirConditioning.
46 .................
90.1–2010ba ....
6. Heating, Ventilating, and AirConditioning.
Deletes the term ‘‘clerestory’’ and instead adds ‘‘roof monitor’’
and clarifies the definition. Changes the references in Chapters 5 and 9 from clerestory to roof monitor.
Modifies Table 6.5.3.1.1B, which addresses fan power limitation pressure drop adjustment credits. Deductions from allowed fan power are added for systems without any central
heating or cooling as well as systems with electric resistance heating. Sound attenuation credit is modified to be
available only when there are background noise criteria requirements.
Modifies Section 6.5.1, exception k, applicable to Tier IV data
centers, to make economizer exceptions more stringent and
in agreement with ASHRAE TC 9.9.
Updates the reference year for ASHRAE Standard 140 and
exempts software used for ECB and Appendix G compliance from having to meet certain sections of ASHRAE
Standard 140.
Modifies Table G3.1, Part 14 of Appendix G to exclude the
condition that permits a building surface, shaded by an adjacent structure, to be simulated as north facing if the simulation program is incapable of simulating shading by adjacent
structures.
Modifies daylighting requirements. Modifies definitions for daylight area under skylights, daylight area under roof monitors,
primary sidelight area, and secondary sidelight area.
Changes the criterion for applying automatic daylighting
control for sidelighting and toplighting to a controlled lighting
power basis and provides characteristics for the required
photo controls. Adds control requirements for secondary
sidelighted areas. Modifies Table 9.6.2 to include continuous
dimming in secondary sidelighted areas, which is now
based on an installed wattage rather than area of the space.
Eliminates the need for effective aperture calculation.
Increases the minimum efficiency of open circuit axial fan
cooling towers. An additional requirement has been added
for all types of cooling towers which states that the minimum
efficiency requirements applies to the tower including the
capacity effect of accessories which affect thermal performance. An additional footnote clarifies that the certification requirements do not apply to field erected cooling towers.
Adds requirements for door switches to disable or reset mechanical heating or cooling when doors without automatic
door closers are left open.
Neutral (clarification
only).
40 .................
47 .................
90.1–2010bb ....
3. Definitions, 5.
Building Envelope,
11. Energy Cost
Budget Method,
and Appendix A.
48 .................
90.1–2010bc .....
9. Lighting ...............
49 .................
mstockstill on DSK4VPTVN1PROD with NOTICES
Number
90.1–2010bd ....
9. Lighting ...............
Adds more specific requirements for the functional testing of
lighting controls, specifically, occupancy sensors, automatic
time switches, and daylight controls.
50 .................
90.1–2010be ....
9. Lighting ...............
Makes minor revisions to Section 9.7.2.2, which addresses the
scope of the operating and maintenance manuals required
for lighting equipment and controls.
VerDate Sep<11>2014
19:14 Sep 25, 2014
Jkt 232001
PO 00000
Modifies the building envelope requirements for opaque assemblies and fenestration in tables 5.5.1 through 5.5.8.
Adds and modifies text in Section 5. Adds new visible transmittance (VT) requirement through Section 5.5.4.5. Also updates the NFRC 301 reference, references in Section 11,
and modifies two metal building roof assemblies in Table
A2.3.
Modifies requirements for automatic lighting control for guestroom type spaces. Exceptions to this requirement are lighting and switched receptacles controlled by captive key systems.
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Minor + (restricts
sound attenuation
credit and adds
deductions for certain systems).
Minor + (reduces
number of exceptions).
Neutral (whole building performance
tradeoff method
only).
Neutral (whole building performance
tradeoff method
only).
Minor + (requires
additional controls).
Minor + (increase efficiency of cooling
towers).
Minor + (reduces
heating and cooling when doors
are left open).
Major + (increases
stringency of
building envelope
requirements).
Minor + (requires
automatic control
of lighting and
switched receptacles in hotel
rooms).
Minor + (improves
functional testing
of lighting controls).
Neutral (clarification
only).
Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices
57907
TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS—Continued
Addendum to
standard 90.1–
2010 5
Sections affected
within the standard
Description of changes
51 .................
90.1–2010bf .....
8. Power ..................
52 .................
90.1–2010bg ....
5. Building Envelope
Addresses Section 8.4.2 on automatic receptacle control and
increases the spaces where plug shutoff control is required.
Clarifies the application of this requirement for furniture systems, lowers the threshold for turn off from 30 to 20 minutes, states a labeling requirement to distinguish controlled
and uncontrolled receptacles and restricts the use of plug-in
devices to comply with this requirement.
Adds low-emissivity (low-E) requirements for storm window
retrofits.
53 .................
90.1–2010bh ....
9. Lighting ...............
Modifies Table 9.6.1 Space-By-Space Lighting Power Density
allowance.
54 .................
90.1–2010bi ......
6. Heating, Ventilating, and AirConditioning.
55 .................
90.1–2010bj ......
6. Heating, Ventilating, and AirConditioning.
Increases seasonal energy efficiency ratio and heating seasonal performance factor for air-cooled commercial air conditioners and heat pumps below 65,000 Btu/h. (Effective 1/1/
2015).
Re-establishes the product class for small duct high velocity
air conditioners and heat pumps. Adds efficiency requirements for systems at <65.000 Btu/h below level of current
Federal standards.
56 .................
90.1–2010bk .....
6. Heating, Ventilating, and AirConditioning.
Increases cooling efficiency for packaged terminal air conditioners.
57 .................
90.1–2010bl ......
11. Energy Cost
Budget and Appendix G.
Provides rules for removing fan energy from efficiency metrics
when modeling in ECB or Appendix G.
58 .................
90.1–2010bn ....
8. Power and 10.
Other Equipment.
Establishes electric and fuel metering requirements .................
59 .................
90.1–2010bo ....
7. Service Water
Heating.
60 .................
90.1–2010bp ....
90.1–2010bq ....
6. Heating, Ventilating, and AirConditioning and
12. Normative
References.
6. Heating, Ventilating, and AirConditioning and
3. Definitions.
Requires buildings with SWH capacity ≥1million Btu/h to have
average thermal efficiency of at least 90%. Updates Table
7.8 to reflect Federal requirements for electric water heaters. Updates the reference standard for swimming pool
water heaters to ASHRAE Standard 146.
Adds efficiency requirements (Btu/h-hp) to Table 6.8.1G (now
Table 6.8.1–7 in Standard 90.1–2013) for evaporative condensers with ammonia refrigerants.
61 .................
62 .................
90.1–2010br .....
10. Other Equipment
Updates motor efficiency tables .................................................
63 .................
90.1–2010bs .....
6. Heating, Ventilating, and AirConditioning.
64 .................
mstockstill on DSK4VPTVN1PROD with NOTICES
Number
90.1–2010bt .....
6. Heating, Ventilating, and AirConditioning.
Reduces occupancy threshold for demand controlled ventilation from greater than 40 people per 1000 ft2 to equal to or
greater than 25 people per 1000 ft2 with exemptions for certain occupancies.
Reduces the system size and outdoor air thresholds at which
energy recovery is required. (Relaxed in some climate
zones.).
65 .................
90.1–2010bv .....
5. Building Envelope
Reduces the area threshold at which skylights and daylighting
controls are required.
66 .................
90.1–2010bw ....
5. Building Envelope
and 11. Energy
Cost Budget
Method.
Modifies orientation requirements and adds solar heat gain coefficient tradeoff.
VerDate Sep<11>2014
19:14 Sep 25, 2014
Jkt 232001
PO 00000
Impact on energy efficiency (justification)
Adds prescriptive requirements for the efficiency and improved
control of commercial refrigeration systems.
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26SEN1
Minor + (reduces
plug loads).
Minor + (requires
low-E storm windows in retrofits).
Minor + (overall
lighting power
densities are reduced).
Minor + (increases
stringency of existing requirements).
Neutral (re-establishes efficiency
requirements that
do not meet the
level of Federal
standards).
Minor + (increases
stringency of existing requirements).
Neutral (whole building performance
tradeoff method
only).
Neutral (metering by
itself does not
save energy).
Minor + (requires
large new gas
SWH systems to
have higher average efficiency).
Minor + (adds efficiency requirements for new
products).
Major + (adds new
efficiency requirements for commercial refrigeration).
Neutral (implements
Federal standards).
Minor + (reduces
ventilation energy
usage).
Minor + (expands
the use of exhaust
air energy recovery to lower percent outdoor air).
Minor + (reduces
lighting energy
usage).
Minor + (provides
design flexibility).
57908
Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices
TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS—Continued
Addendum to
standard 90.1–
2010 5
Sections affected
within the standard
Description of changes
Impact on energy efficiency (justification)
67 .................
90.1–2010bx .....
9. Lighting ...............
Clarifies exceptions to occupancy sensor requirements ............
68 .................
90.1–2010by .....
9. Lighting ...............
69 .................
2007 90.1bz .....
8. Power ..................
90.1–2010ca .....
71 .................
90.1–2010cb .....
6. Heating, Ventilating, and AirConditioning.
6. Heating, Ventilating, and AirConditioning.
Significantly modifies the way requirements are presented in
Section 9. Requires the use of certain lighting controls in
more space types. Reduces the amount of time after occupants vacate a space for lights to be automatically reduced
or shut off. Establishes table of lighting controls applicable
to each space type.
Adds a Section 8.4.2, which specifies requirements for installation of basic electrical metering of major end uses (total
electrical energy, HVAC systems, interior lighting, exterior
lighting and receptacle circuits) to provide basic reporting of
energy consumption data to building occupant.
Adds control requirements for heating systems in vestibules ...
Neutral (clarification
only).
Major + (requires
more controls in
more spaces and
reduces time to
reduction or shutoff).
Neutral (metering by
itself does not
save energy).
70 .................
72 .................
90.1–2010cc .....
6. Heating, Ventilating, and AirConditioning.
73 .................
90.1–2010cd .....
90.1–2010ce .....
6. Heating, Ventilating, and AirConditioning, 7.
Service Water
Heating, and 3.
Definitions.
Appendix G .............
Provides definition for ‘‘piping’’ to include all accessories in series with pipe such as pumps, valves, strainers, air separators, etc. This is meant to clarify that these accessories
need to be insulated.
74 .................
75 .................
90.1–2010cf ......
Appendix G .............
Establishes baseline window-to-wall ratio in Appendix G for
strip malls.
76 .................
90.1–2010cg .....
11. Energy Cost
Budget and Appendix G.
77 .................
90.1–2010ch .....
6. Heating, Ventilating, and AirConditioning.
78 .................
mstockstill on DSK4VPTVN1PROD with NOTICES
Number
90.1–2010ci ......
3. Definitions, 11.
Energy Cost
Budget, and Appendix G.
79 .................
90.1–2010cj ......
Appendix G .............
Modifies the simulation requirements for modeling mandatory
automatic daylighting controls as well as automatic lighting
controls. Also modifies the simulation requirements for automatic lighting controls in the proposed design, beyond the
minimum mandatory requirements. Table G3.2, which provided power adjustment percentages for automatic lighting
controls, has been deleted and savings through automatic
control devices are now required to be modeled in building
simulation through schedule adjustments for the proposed
design or by lighting power adjustments defined in Table
9.6.3.
Increases air- and water-cooled chiller efficiencies in Table
6.8.1C (now Table 6.8.1–3 in Standard 90.1–2013). Exempts water-cooled positive displacement chillers with leaving condenser temperature ≥115 °F (typically heat reclaim
chillers).
Modifies requirements for the cooling tower fans in Chapter 11
baseline simulations, from two-speed to variable speed. A
formula has been specified to calculate the condenser water
design supply temperature. Similar revisions have been
made to Appendix G for the cooling tower requirements.
Definitions for cooling design wet-bulb temperature and
evaporation design wet-bulb temperature have been added
to Chapter 3.
Creates modeling rules for computer rooms in Appendix G .....
VerDate Sep<11>2014
20:25 Sep 25, 2014
Jkt 232001
PO 00000
Revises night setback requirements to a reset of 10 °F heating
and 5 °F cooling and removes exceptions for climate zones.
Changes optimum start requirement from >10,000 cubic feet
per minute to any DDC system and adds a requirement that
outside air temperature be used in optimum algorithms.
Adds efficiency requirements (Btu/h-hp) to Table 6.8.1G (now
Table 6.8.1–7 in Standard 90.1–2013) for evaporative condensers with R–507A.
Establishes a baseline system type for retail occupancies less
than three stories in Appendix G.
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26SEN1
Minor + (reduces
vestibule heating
energy usage).
Minor + (expands
heating and cooling setbacks).
Minor + (adds efficiency requirements for new
products).
Neutral (editorial
only).
Neutral (whole building performance
tradeoff method
only).
Neutral (whole building performance
tradeoff method
only).
Neutral (whole building performance
tradeoff method
only).
Minor + (increases
stringency of existing requirements).
Neutral (whole building performance
tradeoff method
only).
Neutral (whole building performance
tradeoff method
only).
Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices
57909
TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS—Continued
Addendum to
standard 90.1–
2010 5
80 .................
90.1–2010ck .....
6. Heating, Ventilating, and AirConditioning.
Requires VAV dual maximum damper position when DDC system is present and clarifies dual maximum sequence.
81 .................
90.1–2010cl ......
6. Heating, Ventilating, and AirConditioning.
82 .................
90.1–2010cm ....
5. Building Envelope
83 .................
90.1–2010cn .....
Appendix G .............
Increases integrated energy efficiency ratio requirements for
air-cooled air conditioners and heat pumps and EER requirements for water and evaporatively cooled air conditioners and heat pumps in Tables 6.8.1A and B (now Tables
6.8.1–1 and 6.8.1–2 in Standard 90.1–2013).
Clarifies how to interpret the use of dynamic glazing products
given the requirements in Addendum bb (envelope requirements).
Establishes modeling rules for laboratories with 100% outside
air in Appendix G.
84 .................
90.1–2010co .....
9. Lighting ...............
Comprehensive update of LPDs in Table 9.5.1—Building Area
Method.
85 .................
90.1–2010cp .....
5. Building Envelope
Corrects non-residential U-factor and R value requirements for
steel joist floors in CZ3.
86 .................
90.1–2010cr .....
9. Lighting and 12.
Normative References.
Makes a number of adjustments to Table 9.6.1, Space-byspace LPD.
87 .................
90.1–2010ct ......
Appendix G .............
Identifies heated only storage systems 9 and 10 in Appendix
G as being assigned one system per thermal zone.
88 .................
90.1–2010cv .....
Appendix G .............
Establishes baseline system types in Appendix G for Assembly occupancies.
89 .................
90.1–2010cy .....
6. Heating, Ventilating, and AirConditioning.
Reduces the design supply fan air flow rate for which energy
recovery is required for systems that operate more than
8,000 hours per year.
90 .................
90.1–2010cz .....
91 .................
90.1–2010da ....
6. Heating, Ventilating, and AirConditioning.
5. Building Envelope
Increases boiler efficiency for residential sized (National Appliance Energy Conservation Act covered) equipment, <3,000
Btu/h.
Relaxes air leakage requirements for high-speed doors for vehicle access and material transport.
92 .................
90.1–2010db ....
5. Building Envelope
Corrects residential U-factor and R-value requirements for
steel joist floors in CZ3.
93 .................
90.1–2010dc .....
9. Lighting ...............
94 .................
90.1–2010dd ....
5. Building Envelope
and 3. Definitions.
95 .................
mstockstill on DSK4VPTVN1PROD with NOTICES
Number
90.1–2010de ....
6. Heating, Ventilating, and AirConditioning.
Clarifies automatic lighting and switched receptacle control in
guest rooms as applied to individual spaces.
Clarifies roof insulation requirements, differentiating between
roof recovering (on top of existing roof covering) and replacement of roof covering.
Relaxes design requirements for waterside economizers for
computer rooms.
96 .................
90.1–2010dg ....
97 .................
90.1–2010di ......
12. Normative References (related
to 5. Building Envelope).
6. Heating, Ventilating, and AirConditioning.
VerDate Sep<11>2014
19:14 Sep 25, 2014
Sections affected
within the standard
Jkt 232001
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Impact on energy efficiency (justification)
Description of changes
Updates reference to ANSI/CRRC–l Standard 2012 (cool roof
ratings).
Establishes limits on using electric or fossil fuel to humidify or
dehumidify between 30% and 60% relative humidity except
certain applications. Requires deadband on humidity controls.
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26SEN1
Minor + (requires
dual maximum
control for VAV
zones with DDC.
Minor + (increases
stringency of existing requirements).
Neutral (clarification
only).
Neutral (whole building performance
tradeoff method
only).
Major + (decreases
LPD in most building types).
Minor + (increases R
value requirements for steel
joist floors).
Minor + (plus on retail outweighs
some negatives
on other building
types).
Neutral (whole building performance
tradeoff method
only).
Neutral (whole building performance
tradeoff method
only).
Minor + (applies energy recovery requirements to
smaller fan systems).
Neutral (adopts Federal standards).
Minor—(relaxes air
leakage requirements for highspeed doors).
Minor—(relaxes
steel joist floor requirements in
CZ3).
Neutral (clarification
only).
Neutral (clarification
only).
Minor—(relaxes
economizer requirements for
computer rooms).
Neutral (updates references only).
Minor + (reduces humidification energy
usage).
57910
Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices
TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS—Continued
Addendum to
standard 90.1–
2010 5
Sections affected
within the standard
Description of changes
Impact on energy efficiency (justification)
98 .................
90.1–2010dj ......
9. Lighting ...............
Additional lighting power allowance for electrical/mechanical
rooms made available to match 2010 level provided there is
separate control for the additional lighting.
99 .................
90.1–2010dk .....
9. Lighting ...............
100 ...............
90.1–2010dl ......
9. Lighting ...............
Eliminates the exemption for wattage used in spaces where
lighting is specifically designed for those with age-related
eye conditions or other medical conditions related to the
eye, where special lighting or light levels might be needed.
Modifies hotel and motel guest room LPD .................................
101 ...............
90.1–2010dm ...
5. Building Envelope
102 ...............
90.1–2010dn ....
90.1–2010do ....
104 ...............
90.1–2010dp ....
105 ...............
90.1–2010dq ....
6. Heating, Ventilating, and AirConditioning.
12. Normative References (related
to 6. Heating,
Ventilating, and
Air-Conditioning).
3. Definitions (related to 6. Heating, Ventilating,
and Air-Conditioning).
6. Heating, Ventilating, and AirConditioning.
Neutral (tradeoff of
additional lighting
power for additional control).
Minor + (trades blanket exemption for
more targeted
LPD increases).
Minor + (new average LPD less than
previous requirements).
Minor + (reduces
vestibule energy
usage).
Minor + (reduces hot
gas bypass).
103 ...............
106 ...............
90.1–2010dr .....
107 ...............
90.1–2010ds .....
108 ...............
90.1–2010dt .....
9. Lighting ...............
109 ...............
90.1–2010dv .....
110 ...............
mstockstill on DSK4VPTVN1PROD with NOTICES
Number
90.1–2010dw ....
6. Heating, Ventilating, and AirConditioning.
6. Heating, Ventilating, and AirConditioning.
3. Definitions (related to 5. Building
Envelope).
5. Building Envelope
and 3. Definitions.
KEY: The following terms are used to
characterize the effect of individual
addenda on energy efficiency (as
contained in the above table): Major +
indicates that an addendum is
anticipated to significantly improve
energy efficiency; Minor + indicates that
an addendum may improve energy
Modifies Section 5.4.3.4 for vestibules. Adds a size limit for
large buildings, exemptions for semi-heated spaces and elevator lobbies in parking garages.
Reduces the limits on hot gas bypass as a means of cooling
capacity control.
Updates references to AHRI 550, AMCA 500, ANSI Z21.10.3
and Z21.47, ASHRAE 90.1 and 62.1, NEMA MG 1, and
NFPA 70 and 96.
Neutral (updates references only).
Corrects the definition of walk-in-cooler to be consistent with
Federal requirements.
Neutral (editorial
only).
Deletes sizing requirements for pipes >24″ in diameter ............
Minor—(eliminates
sizing requirements for pipes
above 24’’ in diameter).
Neutral (clarification
only).
Clarifies definition of building entrances to exclude electrical
room, mechanical rooms, and other utility service entrances.
Revises the definitions of ‘‘primary sidelighted area,’’ ‘‘secondary sidelighted area,’’ and ‘‘sidelighting effective area’’ to
use the term ‘‘vertical fenestration’’ instead of ‘‘window’’ to
clarify that glazed doors and other fenestration products are
included as well as windows. Additionally, the definition of
‘‘daylight area under rooftop monitors’’ is corrected to include the spread of light beyond the width of the rooftop
monitor glazing.
Adds exceptions for control of exterior lighting integral to signage. Requires certain types of exterior lighting exempt from
LPD requirements to be separately controlled.
Establishes chiller and boiler fluid flow isolation requirements
so there is no flow through the equipment when not in use.
Revises high limit shutoff for air economizers. Add sensor accuracy requirements.
efficiency in specific applications,
Neutral indicates that an addenda is not
anticipated to impact energy efficiency;
and Minor – indicates that an addendum
may increase energy use in certain
applications.
Table IV.2 summarizes the overall
impact of the addenda in the qualitative
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Minor + (expansion
of requirement to
all signage may
outweigh addition
of exception).
Minor + (reduces off
hour chiller and
boiler energy use).
Minor + (adds sensor accuracy requirements).
analysis. Overall, the sum of the major
positive and minor positive addenda
(i.e., 52 addenda) greatly overwhelms
the number of minor negative addenda
(i.e., five addenda), leading to the
qualitative conclusion that the overall
impact of the addenda on the Standard
is positive.
5 Addenda as designated by ASHRAE and
included in Standard 90.1–2013.
VerDate Sep<11>2014
Neutral (editorial
only).
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57911
Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices
TABLE IV.2—OVERALL SUMMARY OF ADDENDA IMPACT IN QUALITATIVE ANALYSIS
Major negative
Minor negative
Neutral
Minor positive
Major positive
Total
None .....................................................................................
5
53
44
8
110
Quantitative Analysis
The quantitative analysis of Standard
90.1–2013 was carried out using wholebuilding energy simulations of buildings
designed to meet the requirements of
Standard 90.1–2010 and Standard 90.1–
2013. DOE simulated 16 representative
building types across 15 U.S. climate
locations, with locations selected to be
representative of all U.S. climate zones,
as defined by Standard 90.1–2010 and
Standard 90.1–2013 (climate zone
criteria unchanged between the 2010
and 2013 editions). In addition, energy
use intensities (EUIs) by fuel type and
by end-use were extracted for each
building type, and weighted by the
relative square footage of construction
(represented by that building type in
each of the 15 climate regions) based on
the McGraw Hill Construction (MHC)
Projects Starts Database.6 The data is
commonly used by other Federal
agencies, such as the U.S. Census
Bureau, the Federal Reserve, and the
U.S. Department of Health and Human
Services (HHS), to characterize U.S.
building construction. In addition, the
MHC database identifies multi-family
residential buildings that would be
covered under the scope of Standard
90.1.
EUIs developed for each
representative building type are
weighted by total national square
footage of each representative building
type to estimate the difference between
the national energy use in buildings
constructed to the 2010 and 2013
editions of Standard 90.1. Note that the
buildings types used in the quantitative
analysis reflect approximately 80% of
the total square footage of commercial
construction, including multi-family
buildings greater than three stories that
are covered within the scope of
ASHRAE Standard 90.1.
The quantitative analysis of buildings
designed to meet the requirements of
Standard 90.1–2013 indicates national
primary energy savings of
approximately 8.5 percent of
commercial building energy
consumption (in comparison to
Standard 90.1–2010). Site energy
savings over Standard 90.1–2010 are
estimated to be approximately 7.6
percent. Using national average fuel
prices for electricity and natural gas,
DOE also estimates a reduction in
energy expenditures of 8.7 percent
compared to Standard 90.1–2010.
Table IV.3 and Table IV.4 show the
energy use and associated savings
resulting from Standard 90.1–2013 by
building type and on an aggregated
national basis. Further details on the
quantitative analysis can be found in the
full technical support document (TSD) 7
available at https://www.energycodes.
gov/regulations/determinations.
TABLE IV.3—ESTIMATED ENERGY USE INTENSITY BY BUILDING TYPE (STANDARD 90.1–2010)
Whole building EUI
Floor area
(percent)
Building type
Prototype
Office .................................................
Small Office ......................................
Medium Office ..................................
Large Office ......................................
Stand-Alone Retail ...........................
Strip Mall ..........................................
Primary School .................................
Secondary School ............................
Outpatient Health Care ....................
Hospital ............................................
Small Hotel .......................................
Large Hotel .......................................
Non-Refrigerated Warehouse ..........
Fast-Food Restaurant ......................
Sit-Down Restaurant ........................
Mid-Rise Apartment .........................
High-Rise Apartment ........................
5.61
6.05
3.33
15.25
5.67
4.99
10.36
4.37
3.45
1.72
4.95
16.72
0.59
0.66
7.32
8.97
33.0
36.8
71.9
53.4
60.4
59.0
47.7
120.0
131.0
63.6
96.7
18.2
591.5
383.9
46.3
50.4
100.4
105.9
210.7
142.9
164.1
151.1
130.3
324.3
321.1
148.8
217.7
43.2
1051.7
742.7
131.4
124.9
$0.99
1.03
2.06
1.38
1.58
1.44
1.26
3.13
3.04
1.40
2.03
0.41
9.27
6.69
1.28
1.19
...........................................................
100
58.5
148.9
1.42
Retail .................................................
Education ..........................................
Healthcare .........................................
Lodging .............................................
Warehouse ........................................
Food Service .....................................
Apartment ..........................................
National ......................................
Site EUI
(kBtu/ft2-yr)
Source EUI
(kBtu/ft2-yr)
ECI
($/ft2-yr)
TABLE IV.4—ESTIMATED ENERGY USE INTENSITY BY BUILDING TYPE (STANDARD 90.1–2013)
Whole building EUI
Floor area
(percent)
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Building type
Prototype
Office .................................................
Small Office ......................................
6 Based on McGraw Hill Construction Projects
Starts Database; see Weighting Factors for the
Commercial Building Prototypes Used in the
Development of ANSI/ASHRAE/IESNA Standard
90.1–2010 by Jarnagin, RE and GK Bandyopadhyay.
2010. PNNL–19116, Pacific Northwest National
VerDate Sep<11>2014
19:14 Sep 25, 2014
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5.61
Laboratory, Richland, WA. Available at https://
www.pnl.gov/main/publications/external/
technical_reports/PNNL-19116.pdf.
7 Halverson et al., ANSI/ASHRAE/IES Standard
90.1–2013 Determination of Energy Savings:
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Site EUI
(kBtu/ft2-yr)
29.4
Source EUI
(kBtu/ft2-yr)
89.3
ECI
($/ft2-yr)
$0.88
Quantitative Analysis (PNNL, Richland, WA (US),
July 2014), available at https://www.pnnl.gov/main/
publications/external/technical_reports/pnnl23479.pdf.
E:\FR\FM\26SEN1.SGM
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Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices
TABLE IV.4—ESTIMATED ENERGY USE INTENSITY BY BUILDING TYPE (STANDARD 90.1–2013)—Continued
Whole building EUI
Building type
Floor area
(percent)
Prototype
Retail .................................................
Education ..........................................
Healthcare .........................................
Lodging .............................................
Warehouse ........................................
Food Service .....................................
Apartment ..........................................
National ......................................
Site EUI
(kBtu/ft2-yr)
Source EUI
(kBtu/ft2-yr)
ECI
($/ft2-yr)
Medium Office ..................................
Large Office ......................................
Stand-Alone Retail ...........................
Strip Mall ..........................................
Primary School .................................
Secondary School ............................
Outpatient Health Care ....................
Hospital ............................................
Small Hotel .......................................
Large Hotel .......................................
Non-Refrigerated Warehouse ..........
Fast-Food Restaurant ......................
Sit-Down Restaurant ........................
Mid-Rise Apartment .........................
High-Rise Apartment ........................
6.05
3.33
15.25
5.67
4.99
10.36
4.37
3.45
1.72
4.95
16.72
0.59
0.66
7.32
8.97
34.1
70.8
45.9
55.1
54.2
41.7
115.8
123.7
60.0
89.0
17.1
576.4
372.5
43.9
46.9
97.9
205.8
124.6
147.3
134.4
111.9
311.8
300.7
137.6
195.4
40.6
1001.9
713.5
124.8
114.4
0.95
2.01
1.20
1.42
1.28
1.08
3.00
2.85
1.29
1.81
0.38
8.78
6.41
1.21
1.08
...........................................................
100
54.1
136.2
1.30
Table IV.5 presents the estimated
energy savings (based on percent change
in EUI) associated with Standard 90.1–
2013. Overall, the updated Standard is
expected to increase the energy
efficiency of commercial buildings, as
represented in Table IV.5.
TABLE IV.5—QUANTITATIVE ANALYSIS FINDINGS
Building type
Savings in whole-building EUI
(percent)
Floor area
(percent)
Prototype
Site EUI
Office .................................................
Retail .................................................
Education ..........................................
Healthcare .........................................
Lodging .............................................
Warehouse ........................................
Food Service .....................................
Apartment ..........................................
National ......................................
5.61
6.05
3.33
15.25
5.67
4.99
10.36
4.37
3.45
1.72
4.95
16.72
0.59
0.66
7.32
8.97
11.0
7.4
1.4
13.9
8.8
8.1
12.6
3.6
5.6
5.7
8.0
6.0
2.6
3.0
5.4
6.9
11.0
7.5
2.4
12.8
10.2
11.0
14.1
3.9
6.4
7.5
10.2
6.1
4.7
3.9
5.1
8.4
11.0
7.5
2.5
12.6
10.5
11.5
14.4
3.9
6.5
7.9
10.7
6.1
5.3
4.2
5.0
8.7
...........................................................
100
7.6
8.5
8.7
mstockstill on DSK4VPTVN1PROD with NOTICES
Review and evaluation of the 2010
and 2013 editions of Standard 90.1
indicate that there are significant
differences between the two editions.
Qualitative analysis of the updated
Standard reveals that a majority of the
addenda are anticipated to result in
significant energy savings. In addition,
quantitative analysis of the Standard
indicates source and site energy savings
of 8.5 percent and 7.6 percent,
respectively. DOE has rendered the
conclusion that Standard 90.1–2013 will
improve energy efficiency in
19:14 Sep 25, 2014
ECI
Small Office ......................................
Medium Office ..................................
Large Office ......................................
Stand-Alone Retail ...........................
Strip Mall ..........................................
Primary School .................................
Secondary School ............................
Outpatient Health Care ....................
Hospital ............................................
Small Hotel .......................................
Large Hotel .......................................
Non-Refrigerated Warehouse ..........
Fast Food Restaurant ......................
Sit-Down Restaurant ........................
Mid-Rise Apartment .........................
High-Rise Apartment ........................
V. Determination Statement
VerDate Sep<11>2014
Source EUI
Jkt 232001
commercial buildings, and, therefore,
receives an affirmative determination
under Section 304(b) of ECPA.
published in the Federal Register,
unless an extension is provided.
VI. State Certification
DOE recognizes that some States do
not have a State commercial building
energy code, or have a State code that
does not apply to all commercial
buildings. If local building energy codes
regulate commercial building design
and construction (rather than a State
code), the State must review and make
all reasonable efforts to update, as
authorized, those local codes to
determine whether they meet or exceed
the 2013 edition of Standard 90.1. States
Upon publication of this affirmative
determination, each State is required to
review and update, as necessary, the
provisions of its commercial building
energy code to meet or exceed the
provisions of the 2013 edition of
Standard 90.1. (42 U.S.C.
6833(b)(2)(B)(i)) This action is required
not later than 2 years from the date the
final Notice of Determination is
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mstockstill on DSK4VPTVN1PROD with NOTICES
may base their certifications on
reasonable actions by units of generalpurpose local government. Each such
State must review the information
obtained from the local governments,
and gather any additional data and
testimony in preparing its own
certification.
The applicability of any State
revisions to new or existing buildings
would be governed by the State building
codes. States should be aware that the
DOE considers high-rise (greater than
three stories) multi-family residential
buildings as commercial buildings for
energy code purposes, as is consistent
with the scope of Standard 90.1.
Consequently, commercial buildings, for
the purposes of certification, would
include high-rise multi-family
residential buildings, hotels, motels,
and other transient residential building
types of any height.
State Certification Statements
Section 304(b) of ECPA, as amended,
requires each State to certify to the
Secretary of Energy that it has reviewed
and updated the provisions of its
commercial building energy code
regarding energy efficiency to meet or
exceed the Standard 90.1–2013. (42
U.S.C. 6833(b)) The certification must
include a demonstration that the
provisions of the State’s commercial
building energy code regarding energy
efficiency meets or exceeds Standard
90.1–2013. If a State intends to certify
that its commercial building energy
code already meets or exceeds the
requirements of Standard 90.1–2013, the
State should provide an explanation of
the basis for this certification (e.g.,
Standard 90.1–2013 is incorporated by
reference in the State’s building code
regulations). The chief executive of the
State (e.g., the governor), or a designated
State official (e.g., director of the State
energy office, State code commission,
utility commission, or equivalent State
agency having primary responsibility for
commercial building energy codes),
would provide the certification to the
Secretary. Such a designated State
official would also provide the
certifications regarding the codes of
units of general purpose local
government based on information
provided by responsible local officials.
The DOE Building Energy Codes
Program tracks and reports State code
adoption and certifications.8 Once a
State has adopted a new commercial
code, DOE typically provides software,
training, and support for the new code
as long as the new code is based on the
8 Available at https://www.energycodes.gov/
adoption/states.
VerDate Sep<11>2014
19:14 Sep 25, 2014
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national model code (i.e., ASHRAE
Standard 90.1–2013). DOE has issued
previous guidance on how it intends to
respond to technical assistance requests
related to implementation resources,
such as building energy code
compliance software. (79 FR 15112)
DOE also recognizes that some States
develop their own codes that are only
loosely related to the national model
codes, and DOE does not typically
provide technical support for those
codes. However, DOE does provide
incentive funding (e.g., grants) to these
States through various means, such as
the State Energy Program. DOE does not
prescribe how each State adopts and
enforces its energy codes.
Requests for Extensions
Section 304(c) of ECPA requires that
the Secretary permit an extension of the
deadline for complying with the
certification requirements described
above, if a State can demonstrate that it
has made a good faith effort to comply
with such requirements and that it has
made significant progress toward
meeting its certification obligations. (42
U.S.C. 6833(c)) Such demonstrations
could include one or both of the
following: (1) a plan for response to the
requirements stated in Section 304; or
(2) a statement that the State has
appropriated or requested funds (within
State funding procedures) to implement
a plan that would respond to the
requirements of Section 304 of ECPA.
This list is not exhaustive. Requests are
to be sent to the address provided in the
ADDRESSES section above, or may be
submitted to BuildingEnergyCodes@
ee.doe.gov.
VII. Regulatory Review & Analysis
Review Under Executive Orders 12866
and 13563
Today’s action is not a significant
regulatory action under Section 3(f) of
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ (58 FR 51735).
Accordingly, today’s action was not
reviewed by the Office of Information
and Regulatory Affairs (OIRA) in the
Office of Management and Budget
(OMB). DOE has also reviewed this
regulation pursuant to Executive Order
13563, issued on January 18, 2011. (76
FR 3281). Executive Order 13563 is
supplemental to and explicitly reaffirms
the principles, structures, and
definitions governing regulatory review
established in Executive Order 12866.
Review Under the Regulatory Flexibility
Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires the
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57913
preparation of an initial regulatory
flexibility analysis for any rule that by
law must be proposed for public
comment, unless the agency certifies
that the rule, if promulgated, will not
have a significant economic impact on
a substantial number of small entities.
As required by Executive Order 13272,
‘‘Proper Consideration of Small Entities
in Agency Rulemaking’’ (67 FR 53461),
DOE published procedures and policies
on February 19, 2003, to ensure that the
potential impacts of its rules on small
entities are properly considered during
the rulemaking process. (68 FR 7990)
DOE has also made its procedures and
policies available on the Office of
General Counsel Web site.9
DOE has reviewed today’s
determination under the provisions of
the Regulatory Flexibility Act and the
procedures and policies published in
February 2003. As part of this
determination of improved energy
efficiency, section 304 of ECPA requires
States to undertake an assessment of
their respective building codes. As such,
the only entities directly regulated by
this determination would be States.
DOE does not believe that there will be
any direct impacts on small entities,
such as small businesses, small
organizations, or small governmental
jurisdictions.
Based on the foregoing, DOE certifies
that this determination would not have
a significant economic impact on a
substantial number of small entities.
Accordingly, DOE has not prepared a
regulatory flexibility analysis for this
determination. DOE’s certification and
supporting statement of factual basis
will be provided to the Chief Counsel
for Advocacy of the Small Business
Administration pursuant to 5 U.S.C.
605(b).
Review Under the National
Environmental Policy Act of 1969
Today’s action is covered under the
Categorical Exclusion found in DOE’s
National Environmental Policy Act
regulations at paragraph A.6 of
appendix A to subpart D, 10 CFR part
1021. That Categorical Exclusion
applies to actions that are strictly
procedural, such as rulemaking
establishing the administration of
grants. Today’s action is required by
Title III of ECPA, as amended, which
provides that whenever the Standard
90.1–1989, or any successor to that
code, is revised, the Secretary must
make a determination, not later than 12
months after such revision, whether the
revised code would improve energy
9 Available at https://energy.gov/gc/office-generalcounsel.
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efficiency in commercial buildings and
must publish notice of such
determination in the Federal Register.
(42 U.S.C. 6833(b)(2)(A)) If the Secretary
determines that the revision of Standard
90.1–1989, or any successor thereof,
improves the level of energy efficiency
in commercial buildings, then no later
than 2 years after the date of the
publication of such affirmative
determination, each State is required to
certify that it has reviewed and updated
the provisions of its commercial
building code regarding energy
efficiency with respect to the revised or
successor code. (42 U.S.C.
6833(b)(2)(B)(i)) If the Secretary makes a
determination that the revised Standard
will not improve energy efficiency in
commercial buildings, then State
commercial codes shall meet or exceed
the last revised Standard for which the
Secretary has made a positive
determination. (42 U.S.C.
6833(b)(2)(B)(ii)) Therefore, DOE has
preliminarily determined that the
Secretary’s determination is not a major
Federal action that would have direct
environmental impacts. Accordingly,
DOE has not prepared an environmental
assessment or an environmental impact
statement.
mstockstill on DSK4VPTVN1PROD with NOTICES
Review Under Executive Order 13132,
‘‘Federalism’’
Executive Order 13132 (64 FR 43255)
imposes certain requirements on
agencies formulating and implementing
policies or regulations that pre-empt
State law or that have federalism
implications. Agencies are required to
examine the constitutional and statutory
authority supporting any action that
would limit the policymaking discretion
of the States and carefully assess the
necessity for such actions. DOE has
reviewed the statutory authority, and
Congress found that:
(1) Large amounts of fuel and energy
are consumed unnecessarily each year
in heating, cooling, ventilating, and
providing domestic hot water for newly
constructed residential and commercial
buildings because such buildings lack
adequate energy conservation features;
(2) Federal voluntary performance
standards for newly constructed
buildings can prevent such waste of
energy, which the Nation can no longer
afford in view of its current and
anticipated energy shortage;
(3) The failure to provide adequate
energy conservation measures in newly
constructed buildings increases longterm operating costs that may affect
adversely the repayment of, and security
for, loans made, insured, or guaranteed
by Federal agencies or made by
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federally insured or regulated
instrumentalities; and
(4) State and local building codes or
similar controls can provide an existing
means by which to ensure, in
coordination with other building
requirements and with a minimum of
Federal interference in State and local
transactions, that newly constructed
buildings contain adequate energy
conservation features. (42 U.S.C. 6831)
Pursuant to Section 304(b) of ECPA,
DOE is statutorily required to determine
whether the most recent edition of
Standard 90.1 would improve the level
of energy efficiency in commercial
buildings as compared to the previous
edition. If DOE makes a positive
determination, the statute requires each
State to certify that it has reviewed and
updated the provisions of its
commercial building code regarding
energy efficiency with respect to the
revised or successor codes. (42 U.S.C.
6833(b)(2)(B)(i))
Executive Order 13132 requires
meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications unless funds necessary to
pay the direct costs incurred by the
State and local governments in
complying with the regulation are
provided by the Federal Government.
(62 FR 43257) Pursuant to Section
304(e) of ECPA, the DOE Secretary is
required to provide incentive funding to
States to implement the requirements of
section 304, and to improve and
implement State residential and
commercial building energy efficiency
codes, including increasing and
verifying compliance with such codes.
In determining whether, and in what
amount, to provide incentive funding,
the Secretary must consider the actions
proposed by the State to implement the
requirements of this section, to improve
and implement residential and
commercial building energy efficiency
codes, and to promote building energy
efficiency through the use of such
codes. (See 42 U.S.C. 6833(e)) Therefore,
consultation with States and local
officials regarding this determination
was not required.
However, DOE notes that State and
local governments were invited to
participate in the development Standard
90.1–2013. The ASHRAE Standard is
developed in a national, ANSI-approved
consensus process open to the public,
and in which State and local
governments may participate, along
with the general public. The updated
Standard is the product of a series of
amendments to the prior edition of the
Standard, with each addendum made
available for public review with any
PO 00000
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Sfmt 4703
interested party having the ability to
submit comments. Comments on the
addendum are received, reviewed, and
resolved through an established process
commonly utilized in generating
industry consensus standards. Members
of the Standard 90.1 project committee
have included representatives of State
and local governments. DOE believes
that this process has given State and
local jurisdictions extensive opportunity
to comment and express any concerns
on Standard 90.1–2013, the subject of
this determination.
On issuance of a determination that
Standard 90.1–2013 would improve the
energy efficiency of commercial
buildings, ECPA requires each State to
certify to the Secretary that it has
reviewed and updated the provisions of
its commercial building code regarding
energy efficiency to meet or exceed the
requirements of Standard 90.1–2013.
DOE notes that ECPA sets forth this
requirement for States. (42 U.S.C.
6833(b)(2)(B)(i)) States are given broad
freedom to either adopt Standard 90.1–
2013 or develop their own code that
meets or exceeds Standard 90.1–2013.
Review Under Unfunded Mandates
Reform Act of 1995
The Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4) generally
requires Federal agencies to examine
closely the impacts of regulatory actions
on State, local, and tribal governments.
Subsection 101(5) of Title I of that law
defines a Federal intergovernmental
mandate to include any regulation that
would impose upon State, local, or
tribal governments an enforceable duty,
except a condition of Federal assistance
or a duty arising from participating in a
voluntary Federal program. Title II of
that law requires each Federal agency to
assess the effects of Federal regulatory
actions on State, local, and tribal
governments, in the aggregate, or to the
private sector, other than to the extent
such actions merely incorporate
requirements specifically set forth in a
statute. Section 202 of that title requires
a Federal agency to perform an
assessment of the anticipated costs and
benefits of any rule that includes a
Federal mandate that may result in costs
to State, local, or tribal governments, or
to the private sector, of $100 million or
more. Section 204 of that title requires
each agency that proposes a rule
containing a significant Federal
intergovernmental mandate to develop
an effective process for obtaining
meaningful and timely input from
elected officers of State, local, and tribal
governments.
Consistent with previous
determinations, DOE has completed its
E:\FR\FM\26SEN1.SGM
26SEN1
Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices
review, and concluded that impacts on
state, local and tribal governments are
less than the $100 million threshold
specified in the Unfunded Mandates
Act. Accordingly, no further action is
required under the Unfunded Mandates
Reform Act of 1995. Documentation
supporting this review is contained in
Appendix D of the Quantitative
Analysis technical support document
(TSD) 10 available at https://www.
energycodes.gov/regulations/
determinations.
Review Under the Treasury and General
Government Appropriations Act of 1999
Section 654 of the Treasury and
General Government Appropriations
Act of 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any rule
that may affect family well-being.
Today’s action would not have any
impact on the autonomy or integrity of
the family as an institution.
Accordingly, DOE has concluded that it
is not necessary to prepare a Family
Policymaking Assessment.
mstockstill on DSK4VPTVN1PROD with NOTICES
Review Under the Treasury and General
Government Appropriations Act of 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (44 U.S.C. 3516) provides for
agencies to review most disseminations
of information to the public under
guidelines established by each agency
pursuant to general guidelines issued by
the Office of Management and Budget
(OMB). Both OMB and DOE have
published established relevant
guidelines (67 FR 8452 and 67 FR
62446, respectively). DOE has reviewed
today’s action under the OMB and DOE
guidelines, and has concluded that it is
consistent with applicable policies in
those guidelines.
Review Under Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ (66 FR 28355),
requires Federal agencies to prepare and
submit to the OMB a Statement of
Energy Effects for any proposed
significant energy action. A ‘‘significant
energy action’’ is defined as any action
by an agency that promulgated or is
expected to lead to promulgation of a
final rule, and that: (1) Is a significant
regulatory action under Executive Order
12866, or any successor order; and (2)
is likely to have a significant adverse
effect on the supply, distribution, or use
of energy; or (3) is designated by the
Administrator of the OMB Office of
Information and Regulatory Affairs
(OIRA) as a significant energy action.
For any proposed significant energy
action, the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use,
should the proposal be implemented,
and of reasonable alternatives to the
action and their expected benefits on
energy supply, distribution, and use.
Today’s action would not have a
significant adverse effect on the supply,
distribution, or use of energy and is
therefore not a significant energy action.
Accordingly, DOE has not prepared a
Statement of Energy Effects.
Review Under Executive Order 13175
Executive Order 13175, ‘‘Consultation
and Coordination with Indian tribal
Governments’’ (65 FR 67249), requires
DOE to develop an accountable process
to ensure ‘‘meaningful and timely input
by tribal officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ refers to regulations that
have ‘‘substantial direct effects on one
or more Indian tribes, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes.’’ Today’s
action is not a policy that has ‘‘tribal
implications’’ under Executive Order
13175. DOE has reviewed today’s action
under Executive Order 13175 and has
determined that it is consistent with
applicable policies of that Executive
Order.
Issued in Washington, DC, on September
18, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2014–22882 Filed 9–25–14; 8:45 am]
BILLING CODE 6450–01–P
10 Halverson et al., ANSI/ASHRAE/IES Standard
90.1–2013 Determination of Energy Savings:
Quantitative Analysis (PNNL, Richland, WA (US),
June 2014), available at https://www.pnnl.gov/main/
publications/external/technical_reports/pnnl23479.pdf.
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57915
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[EERE–2014–BT–DET–0030]
RIN 1904–AD33
Preliminary Determination Regarding
Energy Efficiency Improvements in the
2015 International Energy
Conservation Code
Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of Preliminary
Determination.
AGENCY:
The U.S. Department of
Energy (DOE) has preliminarily
determined that the 2015 edition of the
International Energy Conservation Code
(IECC) would improve energy efficiency
in buildings subject to the code
compared to the 2012 edition. DOE
analysis indicates that buildings
meeting the 2015 IECC (as compared
with buildings meeting the 2012 IECC)
would result in national source energy
savings of approximately 1.03 percent,
site energy savings of approximately
1.12 percent, and energy cost savings of
approximately 0.90 percent of
residential building energy
consumption, as regulated by the IECC.
If this determination is finalized, each
State would be required by statute to
certify that it has reviewed the
provisions of its residential building
code regarding energy efficiency, and
made a determination as to whether to
update their code to meet or exceed the
2015 IECC. Additionally, this notice
provides guidance to States on these
processes and associated certifications.
DATES: Comments must be provided by
October 27, 2014.
ADDRESSES: Any comments submitted
must identify docket number EERE–
2014–BT–DET–0030 or Regulatory
Information Number (RIN) 1904–AD33.
Comments may be submitted using any
of the following methods:
1. Federal eRulemaking Portal:
www.Regulations.gov. Follow the
instructions for submitting comments.
2. Email: 2015IECC2014DET0030@
ee.doe.gov. Include the docket number
and/or RIN in the subject line of the
message.
3. Mail: Ms. Brenda Edwards; U.S.
Department of Energy, Building
Technologies Office EE–5B; 1000
Independence Avenue SW.,
Washington, DC 20585. If possible,
please submit all items on a CD, in
which case it is not necessary to include
printed copies.
SUMMARY:
E:\FR\FM\26SEN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 187 (Friday, September 26, 2014)]
[Notices]
[Pages 57900-57915]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22882]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Docket No. EERE-2014-BT-DET-0009]
RIN 1904-AD27
Determination Regarding Energy Efficiency Improvements in ANSI/
ASHRAE/IES Standard 90.1-2013: Energy Standard for Buildings, Except
Low-Rise Residential Buildings
AGENCY: Energy Efficiency and Renewable Energy, Department of Energy.
ACTION: Notice of determination.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) has determined that the
2013 edition of the ANSI/ASHRAE/IES \1\ Standard 90.1: Energy Standard
for Buildings, Except Low-Rise Residential Buildings would improve
energy efficiency in buildings subject to the code compared to the 2010
edition of Standard 90.1. DOE has determined that buildings built to
Standard 90.1-2013, as compared with buildings built to Standard 90.1-
2010, would result in national source energy savings of approximately
8.5 percent and site energy savings of approximately 7.6 percent of
commercial building energy consumption. Upon publication of this
affirmative determination, States are required to certify that they
have reviewed the provisions of their commercial building code
regarding energy efficiency, and, as necessary, updated their codes to
meet or exceed Standard 90.1-2013. Additionally, this notice provides
guidance to States on certifications and requests for extensions of
deadlines for certification statements.
---------------------------------------------------------------------------
\1\ American National Standards Institute (ANSI)/American
Society of Heating, Refrigerating, and Air-Conditioning Engineers
(ASHRAE)/Illuminating Engineering Society (IES).
DATES: Certification statements provided by States must be submitted by
---------------------------------------------------------------------------
September 28, 2015.
ADDRESSES: Certification Statements must be addressed to the Building
Technologies Office--Building Energy Codes Program Manager, U.S.
Department of Energy, Office of Energy Efficiency and Renewable Energy,
1000 Independence Avenue SW., EE-5B, Washington, DC 20585.
FOR FURTHER INFORMATION CONTACT: Jeremiah Williams; U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, 1000
Independence Avenue SW., EE-5B, Washington, DC 20585; (202) 287-1941;
Jeremiah.Williams@ee.doe.gov.
For legal issues, please contact Kavita Vaidyanathan; U.S.
Department of Energy, Office of the General Counsel, 1000 Independence
Avenue SW., GC-71, Washington, DC 20585; (202) 586-0669;
Kavita.Vaidyanathan@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Statutory Authority
II. Introduction
III. Methodology
IV. Summary of Findings
V. Determination Statement
VI. State Certification
VII. Regulatory Review & Analysis
I. Statutory Authority
Title III of the Energy Conservation and Production Act, as amended
(ECPA), establishes requirements for building energy conservation
standards, administered by the DOE Building Energy Codes Program. (42
U.S.C. 6831 et seq.) Section 304(b), as amended, of ECPA provides that
whenever the ANSI/ASHRAE/IESNA Standard 90.1-1989 (Standard 90.1-1989
or 1989 edition), or any successor to that code, is revised, the
Secretary of Energy (Secretary) must make a determination, not later
than 12 months after such revision, whether the revised code would
improve energy efficiency in commercial buildings, and must publish
notice of such determination in the Federal Register. (42 U.S.C.
6833(b)(2)(A)) The Secretary may determine that the revision of
Standard 90.1-1989, or any successor thereof, improves the level of
energy efficiency in commercial buildings. If so, then not later than 2
years after the date of the publication of such affirmative
determination, each State is required to certify that it has reviewed
and updated the provisions of its commercial building code regarding
energy efficiency with respect to the revised or successor code. (42
U.S.C. 6833(b)(2)(B)(i)) Each State must include in its certification a
demonstration that the provisions of its commercial building code,
regarding energy efficiency, meet or exceed the revised Standard. (42
U.S.C. 6833(b)(2)(B)(i))
If the Secretary makes a determination that the revised Standard
will not improve energy efficiency in commercial buildings, State
commercial codes shall meet or exceed the last revised Standard for
which the Secretary has made an affirmative determination. (42 U.S.C.
6833(b)(2)(B)(ii)) On October 19, 2011, DOE published its determination
in the Federal Register updating the reference code to Standard 90.1-
2010. (76 FR 64904)
ECPA also requires the Secretary to permit extensions of the
deadlines for the State certification if a State can demonstrate that
it has made a good faith effort to comply with the requirements of
Section 304(b) of ECPA and that it has made significant progress in
doing so. (42 U.S.C. 6833(c)) DOE is also directed to provide technical
assistance to States to support implementation of State residential and
commercial building energy efficiency codes. (42 U.S.C. 6833(d))
II. Introduction
Publication of Standard 90.1-2013
The American Society of Heating, Refrigerating and Air-Conditioning
Engineers (ASHRAE) and Illuminating Engineering Society (IES) approved
the publication of the 2013 edition of Energy Standard for Buildings
Except Low-Rise Residential Buildings in October 2013. The Standard is
developed under ANSI-approved consensus procedures,\2\ and is under
continuous maintenance by a Standing Standard Project Committee. ASHRAE
has established a program for regular publication of addenda, or
revisions, including procedures for timely, documented, consensus
action on requested changes to the Standard. The American National
Standards Institute (ANSI) approved the final addendum for inclusion in
the 2013 edition in September 2013. Standard 90.1-2013 was published in
October 2013.\3\ More information on ANSI/ASHRAE/IES Standard 90.1-2013
is available at: https://www.ashrae.org/resources-publications/bookstore/standard-90-1.
---------------------------------------------------------------------------
\2\ An overview of the ANSI consensus process is available at
https://www.ansi.org/standardsactivities/
domesticprograms/overview.aspx?menuid=3.
\3\ ASHRAE press release available at https://www.ashrae.org/news/2013/ashrae-ies-publish-2013-energy-standard-changes-for-envelope-lighting-mechanical-sections.
---------------------------------------------------------------------------
DOE Determination
In arriving at its determination, DOE reviewed all changes between
the 2013 and 2010 editions of Standard 90.1. Standard 90.1 is complex
and covers a broad spectrum of the energy-related components and
systems in buildings, ranging from simpler commercial buildings to more
complex hospitals and laboratory facilities. Standard 90.1-
[[Page 57901]]
2013 was developed through the same approach as the previous 2010
edition, which involves committee approval through a consensus process
consistent with ANSI procedures for developing industry standards. The
2013 edition contains no significant changes to the overall scope or
the structure of the Standard. As a result, DOE preliminarily
determined that the methodology used for the analysis of Standard 90.1-
2010 should again be utilized for the analysis of Standard 90.1-2013.
DOE published a Notice of Preliminary Determination regarding Standard
90.1-2013 in the Federal Register on May 15, 2014. (79 FR 27778)
Public Comments Regarding the Determination
DOE accepted public comments on the Notice of Preliminary
Determination for Standard 90.1-2013 until June 16, 2014. DOE received
timely submissions from a total of three commenters. These comments are
discussed below.
Jim Ranfone submitted a written document (Docket No. EERE-2014-BT-
DET-0009-0002) containing three comments. In his first comment, Mr.
Ranfone questions the economic basis of Standard 90.1, in particular
the fact that ASHRAE does not use marginal costs for natural gas. Mr.
Ranfone indicates that this will overstate the cost savings from the
energy upgrades in the Standard. In response, DOE notes that it is
directed by statute to evaluate published editions of Standard 90.1 and
issue a determination as to whether the updated edition will result in
energy savings in commercial buildings. DOE is not given the authority
to dictate specific economic criteria informing the decisions of the
ASHRAE Standard 90.1 Committee. DOE notes that the membership of the
ASHRAE Standard 90.1 Committee, itself, develops economic criteria to
inform its decisions surrounding the cost-effectiveness of proposed
code changes. As a national model, the Standard 90.1 Committee chose to
reference national average values in the development of the Standard.
In his second comment, Mr. Ranfone questioned the use of a blended rate
for heating costs. He contends that the blended rate skews the basic
energy cost assumptions by overstating efficiency improvements that
affect natural gas, and understating electric savings for improvements
affecting electricity savings. In response, DOE notes that it is
directed by statute to evaluate published editions of Standard 90.1,
and issue a determination as to whether the updated edition will result
in energy savings in commercial buildings. DOE is not given the
authority to dictate specific cost parameters and other economic
criteria informing the decisions of the ASHRAE Standard 90.1 Committee.
Specific to the topic of ``blended'' utility costs, DOE has reviewed
the economic criteria established by the ASHRAE Standard 90.1
Committee, and notes criteria employed in Standard 90.1-2013 as
consistent with past criteria used in the development of the Standard--
an approach that appears unchanged since the development of Standard
90.1-1999. In his third comment, Mr. Ranfone also questioned the
inclusion of requirements in Standard 90.1-2013 that are neutral in
terms of energy efficiency, but which would add costs for compliance,
specifically citing requirements for electric and fuel meters. In
response, DOE again notes its statutory role in assessing energy
savings associated with Standard 90.1, and in issuing a determination
of energy savings for commercial buildings. DOE is not given the
authority to reconcile costs of specific code provisions, or overall
economics surrounding updated codes, as part of its energy savings
determination. Rather, such consideration is provided directly as part
of the code development and consensus process. In general, DOE
acknowledges that code changes which do not have a direct impact on
energy efficiency are common, including a number of changes in Standard
90.1-2013. Such changes often target an alternative objective, such as
improved code usability or enforceability, but which otherwise seek to
improve the design and construction of energy efficient buildings.
Within the context of the DOE determination, individual addenda
included in Standard 90.1-2013 are identified and further evaluated in
the supplementary technical support documents.
The Responsible Energy Codes Alliance (RECA) submitted a written
document (Docket No. EERE-2014-BT-DET-0009-0003) containing five
comments. In its first comment, RECA encourages the Department to
provide an itemized comparison between Standard 90.1 and the IECC. DOE
has previously conducted this type of additional analysis as technical
assistance for States and adopting localities in understanding the
provisions of the respective editions of Standard 90.1 and the IECC.
DOE acknowledges the comparison between Standard 90.1 and the IECC as
an important resource for States. In line with historical practice, and
as budgets allow, DOE may prepare such a comparison for Standard 90.1-
2013 and the 2015 IECC commercial provisions. RECA encourages the
Department to quickly finalize this Determination. DOE understands the
importance of fulfilling its directives in a timely manner, and intends
to complete its determination within the statutory timeline set forth
in 42 U.S.C. 6833(b)(2)(A). In its third comment, RECA strongly
encourages the Department to provide resources to improve the overall
compliance rates with commercial energy codes, as well as compliance
with specific sections. DOE recognizes the significant energy savings
potential associated with ensuring code-intended energy savings, and
acknowledges the importance of resources to improve compliance rates.
In a continuing effort, DOE intends to provide technical assistance in
the form of training materials and support for commercial codes in
order to improve compliance rates. DOE also recently issued a Funding
Opportunity Announcement (FOA) for improving residential energy code
compliance, and, in the future, will investigate means of providing
additional support pertaining to commercial energy codes. In its fourth
comment, RECA does not believe that DOE may consider cost-effectiveness
as part of its determination process, but does believe that DOE should
provide cost-effectiveness analyses to States. As DOE has stated in its
Notice of Preliminary Determination, it did not evaluate cost-
effectiveness as part of its energy savings determination. However, DOE
intends to continue providing national and state-level cost-
effectiveness analyses as technical assistance to States, as has been
completed in the past for Standard 90.1-2010 at https://
www.energycodes.gov/development/commercial/costeffectiveness.
In its fifth comment, RECA believes the DOE cost-effectiveness
methodology is a reasonable compromise representing diverse stakeholder
interests, and that the Department should maintain the same methodology
for Standard 90.1-2013 and the 2015 IECC. DOE also acknowledges RECA's
previous comments on the cost-effectiveness methodology in Docket No.
EERE-2011-BT-BC-0046. In response, DOE intends to continue to use its
current cost-effectiveness methodology for analysis of Standard 90.1-
2013. In addition, DOE is looking into the possibility of updating its
methodology for evaluating the cost-effectiveness of building energy
codes through a public request for information in the coming months,
and to be used in analyzing future building energy codes and standards.
DOE may
[[Page 57902]]
issue a request for information prior to finalizing the new
methodology.
The Edison Electric Institute (EEI) submitted a written document
(Docket No. EERE-2014-BT-DET-0009-0004) containing three comments. In
its first comment, EEI suggests DOE should only use site energy and
energy cost results in its determination on Standard 90.1-2013, and
that source energy results should not be used. DOE notes that EEI
submitted a similar comment on the Notice of Preliminary Determination
for Standard 90.1-2010. DOE considered the comment again and is again
rejecting the comment. DOE continues to believe that, in addition to
the site metric, source energy estimates are important to the
discussion of global resources and environmental issues. In its second
comment, EEI suggests energy savings from new or updated Federal
appliance and equipment standards should be incorporated into the
determination on Standard 90.1-2013. DOE notes that EEI submitted a
similar comment on the Notice of Preliminary Determination for Standard
90.1-2010. DOE considered the comment again and is again rejecting the
comment. Many appliance and equipment standards are not established
directly within Standard 90.1, but rather are established by the
Federal government. For this reason, DOE continues to believe that
energy savings resulting from new or updated Federal standards should
not be incorporated into its determinations. In its third comment, EEI
suggests that value associated with primary energy for electricity is
overstated based on four specific reasons: (1) DOE considered only
commercial customers, not residential and industrial customers; (2) the
EIA fossil fuel heat rate is too high; (3) on-site renewable energy is
included in EIA's data and that inflates the primary energy data; and
(4) estimates of primary energy values should look forward not
backward. DOE notes that EEI submitted a similar comment on the Notice
of Preliminary Determination for Standard 90.1-2010. DOE considered the
comment again and is again rejecting the comment because DOE continues
to believe that its use of EIA data, conversion factors, and treatment
of renewable energy is appropriate.
In its Notice of Preliminary Determination, DOE expressed interest
in receiving stakeholder feedback on the Department's practice of
providing cost-effectiveness analysis to support State energy code
adoption. DOE has issued past requests to guide the Department in
establishing an appropriate methodology for evaluating the cost
effectiveness of building energy codes (78 FR 47677), and expects to
update this method to ensure its assumptions and economic criteria
remain valid and adequate for States considering adoption of model
building energy codes. During the public comment period, DOE did not
receive any comments (i.e., outside of factors acknowledged above) on
the overall costs and benefits associated with building energy codes.
In the coming months, DOE intends to issue a public request for
information to update its cost-effectiveness analysis methodology, and
in preparation to continue providing such technical analysis and
assistance to States implementing building energy codes.
III. Methodology
Overview of Methodology
The analysis methodology used by DOE contains both qualitative and
quantitative components. A qualitative comparison is undertaken to
identify textual changes between requirements in Standard 90.1-2013 and
Standard 90.1-2010, followed by a quantitative assessment of energy
savings conducted through whole-building simulations of buildings
constructed to meet the minimum requirements of each Standard over the
range of U.S. climates. A discussion of the analysis methodology, which
was developed through public comment in past DOE determinations, can be
found in the Notice of Preliminary Determination for Standard 90.1-2007
(75 FR 54117) and Notice of Preliminary Determination for Standard
90.1-2010 (76 FR 43298).
Consistent with its previous determinations, DOE compared overall
editions of Standard 90.1. DOE interprets the language in Section
304(b)(2) of ECPA to mean that when a comprehensive revision of the
ASHRAE Standard is published (which in this case is ASHRAE Standard
90.1-2013), then that revised or successor Standard triggers the
Secretary's obligation to issue a determination as to whether the
revised Standard improves energy efficiency in commercial buildings.
(See 42 U.S.C. 6833(b)(2)(A)) This determination is made by comparing
the revised or successor Standard to the last predecessor Standard.
While the continuous addenda review and update process is part of the
ongoing maintenance of the Standard, DOE does not interpret each
addendum update after the release of the full standard as an additional
``revised or successor standard'' requiring a determination by the
Secretary.
IV. Summary of Findings
In performing its determination, DOE performed both a qualitative
and quantitative analysis of the requirements contained in Standard
90.1-2013. The chosen methodology for these analyses is consistent with
recent determinations actions, and provides a reasonable assessment of
how the Standard will impact energy savings in commercial buildings. A
summary of the analyses supporting DOE's determination is outlined in
the following sections.
Qualitative Analysis
DOE performed a comparative analysis of the textual requirements of
Standard 90.1-2013, examining the specific changes (addenda) made
between Standard 90.1-2010 and Standard 90.1-2013. ASHRAE publishes
changes to its standards as individual addenda to the preceding
Standard, and then bundles all addenda together to form the next
published edition. In creating the 2013 edition, ASHRAE processed 110
total addenda. DOE evaluated each of these addenda in preparing its
determination of energy savings.
Overall, DOE found that the vast majority of changes in creating
Standard 90.1-2013 were positive (i.e., increased energy savings) or
neutral (i.e., no direct impact on energy savings). Positive changes
significantly outweigh any changes with a negative effect on energy
efficiency in commercial buildings. Of the 110 total changes:
52 were considered positive;
53 were considered neutral; and
5 were considered negative.
Table IV.1 presents the findings resulting from the qualitative
analysis, along with a description of the change, as well as an
assessment of the anticipated impact on energy savings in commercial
buildings. The full qualitative analysis is presented in a separate
technical support document (TSD),\4\ available at https://www.energycodes.gov/regulations/determinations.
---------------------------------------------------------------------------
\4\ Halverson et al., ANSI/ASHRAE/IES Standard 90.1-2013
Determination of Energy Savings: Qualitative Analysis (PNNL,
Richland, WA (US), July 2014), available at https://www.pnnl.gov/
main/publications/external/technicalreports/pnnl-23481.pdf.
[[Page 57903]]
Table IV.1--Qualitative Analysis Findings
----------------------------------------------------------------------------------------------------------------
Sections affected Impact on energy
Number Addendum to standard within the Description of changes efficiency
90.1-2010 \5\ standard (justification)
----------------------------------------------------------------------------------------------------------------
1................. 90.1-2010a............ 10. Other Specifies that nominal Neutral (simply
Equipment and efficiencies for motors are specifies
12. Normative required to be established in alternate
References. accordance with 10 CFR 431 rating
instead of National Electrical standard).
Manufacturers Association
(NEMA) Standards. Modifies the
footnotes to Tables 10.8A,
10.8B, 10.8C (now Tables 10.8-
1, 10.8-2, and 10.8-3 in
Standard 90.1-2013). The
corresponding reference for 10
CFR 431 has also been added.
2................. 90.1-2010b............ 10. Other Requires escalators and moving Minor + (reduces
Equipment and walks to automatically slow escalator and
12. Normative when not conveying passengers. moving walkway
References. The corresponding reference to energy).
American Society of Mechanical
Engineers (ASME) A17.1/CSA B44
has also been added to the
Normative References.
3................. 90.1-2010c............ Appendix G....... Adds requirements for Neutral (whole
laboratory exhaust fans to building
Section G3.1.1, Baseline HVAC performance
System Type and Definition. tradeoff method
Lab exhaust fans are required only).
to be modeled as constant
horsepower, reflecting
constant volume stack
discharge with outside air
bypass.
4................. 90.1-2010e............ Appendix G....... Updates language in Section Neutral (whole
G3.1, part 5, ``Building building
Envelope,'' to require that performance
existing buildings use the tradeoff method
same envelope baseline as new only).
buildings with the exception
of fenestration area.
5................. 90.1-2010f............ Appendix G....... Modifies Section G.3.1, Neutral (whole
``Building Envelope.'' building
Specifies the vertical performance
fenestration area for tradeoff method
calculating baseline building only).
performance for new buildings
and additions.
6................. 90.1-2010g............ 6. Heating, Adds efficiency requirements Neutral (adopts
Ventilating, and for commercial refrigerators, Federal
Air-Conditioning freezers, and refrigeration standards).
and 12. equipment. Table 6.8.1L and
Normative Table 6.8.1M (now Tables 6.8.1-
References. 12 and 6.8.1-13 in Standard
90.1-2013) have been added,
which specify the energy use
limits for refrigerators and
freezers. The corresponding
references have also been
added in Chapter 12.
7................. 90.1-2010h............ 6. Heating, Modifies the minimum efficiency Minor +
Ventilating, and standards for water-to-air (increases
Air-Conditioning. heat pumps (water loop, ground stringency of
water, and ground loop). The existing
proposed cooling energy requirements).
efficiency ratios (EERs) and
heating coefficients of
performance are more stringent
than the present values. Also
removes the small duct high
velocity heat pump product
class from Table 6.8.1B (now
Table 6.8.1-2 in Standard 90.1-
2013).
8................. 90.1-2010i............ 6. Heating, Increases the minimum Minor +
Ventilating, and efficiency standards for (increases
Air-Conditioning single-package vertical air stringency of
and 3. conditioners (SPVAC) and existing
Definitions. single-package vertical heat requirements).
pumps (SPVHP). Also creates a
new product class for SPVAC
and SPVHP used in space-
constrained applications. This
new product class only applies
to non-weatherized products
with cooling capacities
<36,000 British thermal units
per hour (Btu/h) and intended
to replace an existing air-
conditioning (AC) unit.
9................. 90.1-2010j............ 6. Heating, Modifies the minimum efficiency Minor--(due to
Ventilating, and requirements of evaporatively correction of
Air-Conditioning. cooled units, of size category an error in the
240,000 Btu/h to 760,000 Btu/h previous
and heating type-other, in Standard).
Table 6.8.1A (now Table 6.8.1-
1 in Standard 90.1-2013). The
value is reduced to account
for increased pressure drop in
such system types. The product
class, small duct high
velocity air conditioner, has
been eliminated.
10................ 90.1-2010k............ 8. Power and 12. Modifies notes to Table 8.1 and Neutral (simply
Normative specifies that nominal specifies
References. efficiencies would be alternative
established in accordance with rating
the 10 CFR 431 test procedure standard).
for low-voltage dry-type
transformers. The
corresponding references have
also been added in Chapter 12.
11................ 90.1-2010l............ 6. Heating, Clarifies fan power limitations Neutral
Ventilating, and contained in Standard 90.1- (editorial
Air-Conditioning. 2010 that required the user to correction).
perform calculations for fan
brake horsepower (bhp) even if
the simplified nameplate
horsepower (hp) option was
being used.
12................ 90.1-2010m............ 9. Lighting...... Adds some control requirements Major + (adds
for lighting alterations, for control
interior and exterior requirements
applications. Adds a section for lighting
for submittals and includes alterations).
loading docks as a tradable
surface. Modifies the
provisions for additional
interior lighting power, which
would now be calculated on the
basis of controlled wattage.
[[Page 57904]]
13................ 90.1-2010n............ 10. Other Clarifies that the total lumens Neutral
Equipment. per watt for the entire (clarification
elevator cab is required to only).
meet the efficiency
requirement and that each
individual light source is not
required to meet the lumens
per watt value.
14................ 90.1-2010o............ 5. Building Adds the definition for Minor + (reduces
Envelope and 3. sectional garage doors. Also air leakage in
Definitions. modifies Section 5.4.3.2 (d), glazed
``fenestration air leakage sectional
provisions for doors,'' to garage doors).
include requirements for
glazed sectional garage doors.
15................ 90.1-2010p............ 5. Building Modifies Section 5.5.3.1 and Neutral (simply
Envelope and 12. requires roof solar specifies an
Normative reflectance and thermal alternative
References. emittance testing to be in rating
accordance with Cool Roof standard).
Rating Council (CRRC)-1
Standard. Also modifies
Section 12 by adding the
reference for CRRC.
16................ 90.1-2010q............ 3. Definitions, Modifies Section 3 by changing Neutral
5. Building the definition of dynamic (clarification
Envelope, and glazing to include glazing only).
12. Normative systems or infill as well as
References. shading systems between
glazing layers and chromogenic
glazing. Also modifies Section
5.8.2.2 by clarifying the
requirements for labeling of
fenestration and door
products. The corresponding
references to National
Fenestration Rating Council
(NFRC) in Chapter 12 have also
been updated.
17................ 90.1-2010r............ Appendix G and Clarifies the requirements Neutral (whole
12. Normative related to temperature and building
References. humidity control in Appendix G performance
and relocates all related tradeoff method
wording to the ``Schedules'' only).
section of Table 3.1.
Additionally, clarity is
provided for modeling systems
that provide occupant thermal
comfort via means other than
directly controlling the air
dry-bulb and wet-bulb
temperature (i.e., radiant
cooling/heating, elevated air
speed, etc.). Permits the use
of ASHRAE Standard 55 for
calculation of Predicted Mean
Vote-Predicted Percentage
Dissatisfied (PMV-PPD). Also
updates the Normative
References by including a
reference to ASHRAE Standard
55-2010.
18................ 90.1-2010s............ 6. Heating, Modifies the requirement for Minor + (ensures
Ventilating, and the static pressure sensor savings from
Air-Conditioning. location and the control static pressure
requirements for setpoint reset are
reset for systems with direct achieved).
digital control (DDC) of
individual zones. Ensures that
savings from previously
required static pressure reset
will be realized.
19................ 90.1-2010u............ 6. Heating, Adds new definition as Fan Major + (applies
Ventilating, and Efficiency Grade (FEG) and new
Air- requires each fan have a FEG requirements to
Conditioning, 3. of 67 or higher as defined by individual
Definitions, and Air Movement and Control fans).
12. Normative Association (AMCA) 205-10,
References. ``Energy Efficiency
Classification for Fans''.
20................ 90.1-2010v............ 8. Power......... Clarifies the requirement for Neutral
controlled receptacles in open (clarification
offices applications by only).
changing the requirement to
the workstations themselves.
Also requires the
automatically controlled
receptacles to be
appropriately identified for
the user's benefit.
21................ 90.1-2010w............ 3. Definitions, Adds definitions for on-site Neutral (whole
11. Energy Cost renewable energy and purchased building
Budget Method, energy. Clarifies the process performance
and Appendix G. for accounting for on-site tradeoff method
renewable energy and purchased only).
energy as well as calculating
the annual energy costs in the
ECB approach and Appendix G.
22................ 90.1-2010y............ 3. Definitions Revises the definitions of Neutral (adopts
and 10. Other general purpose electric Federal
Equipment. motors (subtype I & II) based standards).
on information from NEMA. Also
updates the Standard to
include the new Federal energy
efficiency standards used in
HVAC equipment, to be in
effect from 2015. Adds Table
10.8D (now Table 10.8-4 in
Standard 90.1-2013), which
specifies minimum average full-
load efficiency for Polyphase
Small Electric Motors; and
Table 10.8E (now Table 10.8-5
in Standard 90.1-2013), which
specifies minimum average full-
load efficiency for Capacitor-
Start Capacitor-Run and
Capacitor-Start Induction-Run
Small Electric Motors.
23................ 90.1-2010z............ 6. Heating, Relocates the requirements for Neutral
Ventilating, and water economizers into the (editorial
Air-Conditioning. main economizer section, only).
Section 6.5.1.5.
[[Page 57905]]
24................ 90.1-2010aa........... 6. Heating, Eliminates the contingency on Minor +
Ventilating, and DDC system existence for (requires
Air-Conditioning setpoint overlap restrictions, additional HVAC
and 3. humidification and controls).
Definitions. dehumidification controls,
variable air volume (VAV) fan
control setpoint reset,
multiple-zone VAV system
ventilation optimization
control, hydronic system
differential pressure reset by
valve position. Instead
specifies for what system
types or sizes DDC is required
in new buildings and
alterations. Also specifies
minimal functional
requirements for DDC systems.
(Prior to this addendum
certain controls requirements
were only required when the
controls were provided by a
DDC system).
25................ 90.1-2010ad........... 12. Normative Adds reference to specific Neutral (updates
References. addenda to Air-Conditioning, references
Heating, and Refrigeration only).
Institute (AHRI) standards 340/
360 and 1230 being referenced.
26................ 90.1-2010ae........... 12. Normative Adds reference to specific Neutral (updates
References. addenda to AHRI standards 210/ references
240 and 550/590 being only).
referenced.
27................ 90.1-2010af........... 6. Heating, Modifies heat rejection Minor + (reduces
Ventilating, and equipment (cooling tower) cooling tower
Air-Conditioning. requirements to require that energy usage).
variable speed drive
controlled fans operate all
fans at the same speed instead
of sequencing them, and
require that open-circuit
towers with multiple cells
operate all cells in parallel
down to 50% of design flow.
28................ 90.1-2010ag........... Appendix G and Establishes a method for Neutral (whole
12. Normative gaining credit in Appendix G building
References. for buildings that undergo performance
whole building air leakage tradeoff method
testing to demonstrate that only).
they have an airtight building.
29................ 90.1-2010ah........... Appendix G....... Sets system sizing requirements Neutral (whole
in Appendix G for humid building
climates based on humidity performance
ratio instead of supply air tradeoff method
temperature differential. Sets only).
baseline system
dehumidification requirements.
30................ 90.1-2010ai........... Appendix G....... Modifies Appendix G to account Neutral (whole
for three prescriptive addenda building
that were incorporated into performance
Standard 90.1-2010, but did tradeoff method
not make it into Appendix G in only).
time for publication. Updates
economizer requirements to
match addendum cy, establishes
baseline transformer
efficiency requirements to
match addendum o, and
establishes path A for
centrifugal chiller baselines
from addendum m.
31................ 90.1-2010aj........... 6. Heating, Requires fractional horsepower Minor + (reduces
Ventilating, and motors >=1/12 hp to be fractional
Air-Conditioning. electronically commutated horsepower
motors or have a minimum 70% motor energy
efficiency in accordance with usage).
10 CFR 431. Also requires
adjustable speed or other
method to balance airflow.
32................ 90.1-2010al........... Appendix G....... Establishes a consistent fuel Neutral (whole
source for space heating for building
baseline systems based on performance
climate zone. Establishes a tradeoff method
consistent fuel source for only).
service water heating (SWH)
based on building type.
33................ 90.1-2010am........... 6. Heating, Establishes minimum turndown Major + (reduces
Ventilating, and for boilers and boiler plants energy usage
Air-Conditioning. with design input power of at for large
least 1,000,000 Btu/h. boilers).
34................ 90.1-2010an........... Appendix C....... Rewrites entire Appendix C to Neutral
use a simulation based (alternative
approach for envelope compliance
tradeoffs. method only).
35................ 90.1-2010ap........... 6. Heating, Adds power usage effectiveness Neutral
Ventilating, and (PUE) as an alternative (alternative
Air-Conditioning compliance methodology for compliance
and 3. data centers. method only).
Definitions.
36................ 90.1-2010aq........... 6. Heating, Expands the requirements for Major + (reduces
Ventilating, and fan speed control for both fan energy
Air-Conditioning chilled water and unitary usage).
and 11. Energy direct expansion systems. In
Cost Budget. addition enhances the
requirements for integrated
economizer control and defines
direct expansion unit capacity
staging requirements.
37................ 90.1-2010ar........... 6. Heating, Adds mandatory and prescriptive Neutral (adopts
Ventilating, and requirements for walk-in Federal
Air-Conditioning coolers and freezers and standards).
and 3. refrigerated display cases.
Definitions.
38................ 90.1-2010as........... 6. Heating, Requires humidifiers mounted in Minor + (reduces
Ventilating, and the airstream to have an humidification
Air-Conditioning. automatic control valve energy usage).
shutting off preheat when
humidification is not
required, and insulation on
the humidification system
dispersion tube surface.
(Avoidance of simultaneous
heating and cooling at air-
handling unit).
[[Page 57906]]
39................ 90.1-2010at........... 3. Definitions, Deletes the term ``clerestory'' Neutral
5. Building and instead adds ``roof (clarification
Envelope, and 9. monitor'' and clarifies the only).
Lighting. definition. Changes the
references in Chapters 5 and 9
from clerestory to roof
monitor.
40................ 90.1-2010au........... 6. Heating, Modifies Table 6.5.3.1.1B, Minor +
Ventilating, and which addresses fan power (restricts
Air-Conditioning. limitation pressure drop sound
adjustment credits. Deductions attenuation
from allowed fan power are credit and adds
added for systems without any deductions for
central heating or cooling as certain
well as systems with electric systems).
resistance heating. Sound
attenuation credit is modified
to be available only when
there are background noise
criteria requirements.
41................ 90.1-2010av........... 6. Heating, Modifies Section 6.5.1, Minor + (reduces
Ventilating, and exception k, applicable to number of
Air-Conditioning. Tier IV data centers, to make exceptions).
economizer exceptions more
stringent and in agreement
with ASHRAE TC 9.9.
42................ 90.1-2010aw........... 11. Energy Cost Updates the reference year for Neutral (whole
Budget and ASHRAE Standard 140 and building
Appendix G. exempts software used for ECB performance
and Appendix G compliance from tradeoff method
having to meet certain only).
sections of ASHRAE Standard
140.
43................ 90.1-2010ax........... Appendix G....... Modifies Table G3.1, Part 14 of Neutral (whole
Appendix G to exclude the building
condition that permits a performance
building surface, shaded by an tradeoff method
adjacent structure, to be only).
simulated as north facing if
the simulation program is
incapable of simulating
shading by adjacent structures.
44................ 90.1-2010ay........... 3. Definitions Modifies daylighting Minor +
and 9. Lighting. requirements. Modifies (requires
definitions for daylight area additional
under skylights, daylight area controls).
under roof monitors, primary
sidelight area, and secondary
sidelight area. Changes the
criterion for applying
automatic daylighting control
for sidelighting and
toplighting to a controlled
lighting power basis and
provides characteristics for
the required photo controls.
Adds control requirements for
secondary sidelighted areas.
Modifies Table 9.6.2 to
include continuous dimming in
secondary sidelighted areas,
which is now based on an
installed wattage rather than
area of the space. Eliminates
the need for effective
aperture calculation.
45................ 90.1-2010az........... 6. Heating, Increases the minimum Minor +
Ventilating, and efficiency of open circuit (increase
Air-Conditioning. axial fan cooling towers. An efficiency of
additional requirement has cooling
been added for all types of towers).
cooling towers which states
that the minimum efficiency
requirements applies to the
tower including the capacity
effect of accessories which
affect thermal performance. An
additional footnote clarifies
that the certification
requirements do not apply to
field erected cooling towers.
46................ 90.1-2010ba........... 6. Heating, Adds requirements for door Minor + (reduces
Ventilating, and switches to disable or reset heating and
Air-Conditioning. mechanical heating or cooling cooling when
when doors without automatic doors are left
door closers are left open. open).
47................ 90.1-2010bb........... 3. Definitions, Modifies the building envelope Major +
5. Building requirements for opaque (increases
Envelope, 11. assemblies and fenestration in stringency of
Energy Cost tables 5.5.1 through 5.5.8. building
Budget Method, Adds and modifies text in envelope
and Appendix A. Section 5. Adds new visible requirements).
transmittance (VT) requirement
through Section 5.5.4.5. Also
updates the NFRC 301
reference, references in
Section 11, and modifies two
metal building roof assemblies
in Table A2.3.
48................ 90.1-2010bc........... 9. Lighting...... Modifies requirements for Minor +
automatic lighting control for (requires
guestroom type spaces. automatic
Exceptions to this requirement control of
are lighting and switched lighting and
receptacles controlled by switched
captive key systems. receptacles in
hotel rooms).
49................ 90.1-2010bd........... 9. Lighting...... Adds more specific requirements Minor +
for the functional testing of (improves
lighting controls, functional
specifically, occupancy testing of
sensors, automatic time lighting
switches, and daylight controls).
controls.
50................ 90.1-2010be........... 9. Lighting...... Makes minor revisions to Neutral
Section 9.7.2.2, which (clarification
addresses the scope of the only).
operating and maintenance
manuals required for lighting
equipment and controls.
[[Page 57907]]
51................ 90.1-2010bf........... 8. Power......... Addresses Section 8.4.2 on Minor + (reduces
automatic receptacle control plug loads).
and increases the spaces where
plug shutoff control is
required. Clarifies the
application of this
requirement for furniture
systems, lowers the threshold
for turn off from 30 to 20
minutes, states a labeling
requirement to distinguish
controlled and uncontrolled
receptacles and restricts the
use of plug-in devices to
comply with this requirement.
52................ 90.1-2010bg........... 5. Building Adds low-emissivity (low-E) Minor +
Envelope. requirements for storm window (requires low-E
retrofits. storm windows
in retrofits).
53................ 90.1-2010bh........... 9. Lighting...... Modifies Table 9.6.1 Space-By- Minor + (overall
Space Lighting Power Density lighting power
allowance. densities are
reduced).
54................ 90.1-2010bi........... 6. Heating, Increases seasonal energy Minor +
Ventilating, and efficiency ratio and heating (increases
Air-Conditioning. seasonal performance factor stringency of
for air-cooled commercial air existing
conditioners and heat pumps requirements).
below 65,000 Btu/h. (Effective
1/1/2015).
55................ 90.1-2010bj........... 6. Heating, Re-establishes the product Neutral (re-
Ventilating, and class for small duct high establishes
Air-Conditioning. velocity air conditioners and efficiency
heat pumps. Adds efficiency requirements
requirements for systems at that do not
<65.000 Btu/h below level of meet the level
current Federal standards. of Federal
standards).
56................ 90.1-2010bk........... 6. Heating, Increases cooling efficiency Minor +
Ventilating, and for packaged terminal air (increases
Air-Conditioning. conditioners. stringency of
existing
requirements).
57................ 90.1-2010bl........... 11. Energy Cost Provides rules for removing fan Neutral (whole
Budget and energy from efficiency metrics building
Appendix G. when modeling in ECB or performance
Appendix G. tradeoff method
only).
58................ 90.1-2010bn........... 8. Power and 10. Establishes electric and fuel Neutral
Other Equipment. metering requirements. (metering by
itself does not
save energy).
59................ 90.1-2010bo........... 7. Service Water Requires buildings with SWH Minor +
Heating. capacity >=1million Btu/h to (requires large
have average thermal new gas SWH
efficiency of at least 90%. systems to have
Updates Table 7.8 to reflect higher average
Federal requirements for efficiency).
electric water heaters.
Updates the reference standard
for swimming pool water
heaters to ASHRAE Standard 146.
60................ 90.1-2010bp........... 6. Heating, Adds efficiency requirements Minor + (adds
Ventilating, and (Btu/h-hp) to Table 6.8.1G efficiency
Air-Conditioning (now Table 6.8.1-7 in Standard requirements
and 12. 90.1-2013) for evaporative for new
Normative condensers with ammonia products).
References. refrigerants.
61................ 90.1-2010bq........... 6. Heating, Adds prescriptive requirements Major + (adds
Ventilating, and for the efficiency and new efficiency
Air-Conditioning improved control of commercial requirements
and 3. refrigeration systems. for commercial
Definitions. refrigeration).
62................ 90.1-2010br........... 10. Other Updates motor efficiency tables Neutral
Equipment. (implements
Federal
standards).
63................ 90.1-2010bs........... 6. Heating, Reduces occupancy threshold for Minor + (reduces
Ventilating, and demand controlled ventilation ventilation
Air-Conditioning. from greater than 40 people energy usage).
per 1000 ft\2\ to equal to or
greater than 25 people per
1000 ft\2\ with exemptions for
certain occupancies.
64................ 90.1-2010bt........... 6. Heating, Reduces the system size and Minor + (expands
Ventilating, and outdoor air thresholds at the use of
Air-Conditioning. which energy recovery is exhaust air
required. (Relaxed in some energy recovery
climate zones.). to lower
percent outdoor
air).
65................ 90.1-2010bv........... 5. Building Reduces the area threshold at Minor + (reduces
Envelope. which skylights and lighting energy
daylighting controls are usage).
required.
66................ 90.1-2010bw........... 5. Building Modifies orientation Minor +
Envelope and 11. requirements and adds solar (provides
Energy Cost heat gain coefficient tradeoff. design
Budget Method. flexibility).
[[Page 57908]]
67................ 90.1-2010bx........... 9. Lighting...... Clarifies exceptions to Neutral
occupancy sensor requirements. (clarification
only).
68................ 90.1-2010by........... 9. Lighting...... Significantly modifies the way Major +
requirements are presented in (requires more
Section 9. Requires the use of controls in
certain lighting controls in more spaces and
more space types. Reduces the reduces time to
amount of time after occupants reduction or
vacate a space for lights to shutoff).
be automatically reduced or
shut off. Establishes table of
lighting controls applicable
to each space type.
69................ 2007 90.1bz........... 8. Power......... Adds a Section 8.4.2, which Neutral
specifies requirements for (metering by
installation of basic itself does not
electrical metering of major save energy).
end uses (total electrical
energy, HVAC systems, interior
lighting, exterior lighting
and receptacle circuits) to
provide basic reporting of
energy consumption data to
building occupant.
70................ 90.1-2010ca........... 6. Heating, Adds control requirements for Minor + (reduces
Ventilating, and heating systems in vestibules. vestibule
Air-Conditioning. heating energy
usage).
71................ 90.1-2010cb........... 6. Heating, Revises night setback Minor + (expands
Ventilating, and requirements to a reset of 10 heating and
Air-Conditioning. [deg]F heating and 5 [deg]F cooling
cooling and removes exceptions setbacks).
for climate zones. Changes
optimum start requirement from
>10,000 cubic feet per minute
to any DDC system and adds a
requirement that outside air
temperature be used in optimum
algorithms.
72................ 90.1-2010cc........... 6. Heating, Adds efficiency requirements Minor + (adds
Ventilating, and (Btu/h-hp) to Table 6.8.1G efficiency
Air-Conditioning. (now Table 6.8.1-7 in Standard requirements
90.1-2013) for evaporative for new
condensers with R-507A. products).
73................ 90.1-2010cd........... 6. Heating, Provides definition for Neutral
Ventilating, and ``piping'' to include all (editorial
Air- accessories in series with only).
Conditioning, 7. pipe such as pumps, valves,
Service Water strainers, air separators,
Heating, and 3. etc. This is meant to clarify
Definitions. that these accessories need to
be insulated.
74................ 90.1-2010ce........... Appendix G....... Establishes a baseline system Neutral (whole
type for retail occupancies building
less than three stories in performance
Appendix G. tradeoff method
only).
75................ 90.1-2010cf........... Appendix G....... Establishes baseline window-to- Neutral (whole
wall ratio in Appendix G for building
strip malls. performance
tradeoff method
only).
76................ 90.1-2010cg........... 11. Energy Cost Modifies the simulation Neutral (whole
Budget and requirements for modeling building
Appendix G. mandatory automatic performance
daylighting controls as well tradeoff method
as automatic lighting only).
controls. Also modifies the
simulation requirements for
automatic lighting controls in
the proposed design, beyond
the minimum mandatory
requirements. Table G3.2,
which provided power
adjustment percentages for
automatic lighting controls,
has been deleted and savings
through automatic control
devices are now required to be
modeled in building simulation
through schedule adjustments
for the proposed design or by
lighting power adjustments
defined in Table 9.6.3.
77................ 90.1-2010ch........... 6. Heating, Increases air- and water-cooled Minor +
Ventilating, and chiller efficiencies in Table (increases
Air-Conditioning. 6.8.1C (now Table 6.8.1-3 in stringency of
Standard 90.1-2013). Exempts existing
water-cooled positive requirements).
displacement chillers with
leaving condenser temperature
>=115 [deg]F (typically heat
reclaim chillers).
78................ 90.1-2010ci........... 3. Definitions, Modifies requirements for the Neutral (whole
11. Energy Cost cooling tower fans in Chapter building
Budget, and 11 baseline simulations, from performance
Appendix G. two-speed to variable speed. A tradeoff method
formula has been specified to only).
calculate the condenser water
design supply temperature.
Similar revisions have been
made to Appendix G for the
cooling tower requirements.
Definitions for cooling design
wet-bulb temperature and
evaporation design wet-bulb
temperature have been added to
Chapter 3.
79................ 90.1-2010cj........... Appendix G....... Creates modeling rules for Neutral (whole
computer rooms in Appendix G. building
performance
tradeoff method
only).
[[Page 57909]]
80................ 90.1-2010ck........... 6. Heating, Requires VAV dual maximum Minor +
Ventilating, and damper position when DDC (requires dual
Air-Conditioning. system is present and maximum control
clarifies dual maximum for VAV zones
sequence. with DDC.
81................ 90.1-2010cl........... 6. Heating, Increases integrated energy Minor +
Ventilating, and efficiency ratio requirements (increases
Air-Conditioning. for air-cooled air stringency of
conditioners and heat pumps existing
and EER requirements for water requirements).
and evaporatively cooled air
conditioners and heat pumps in
Tables 6.8.1A and B (now
Tables 6.8.1-1 and 6.8.1-2 in
Standard 90.1-2013).
82................ 90.1-2010cm........... 5. Building Clarifies how to interpret the Neutral
Envelope. use of dynamic glazing (clarification
products given the only).
requirements in Addendum bb
(envelope requirements).
83................ 90.1-2010cn........... Appendix G....... Establishes modeling rules for Neutral (whole
laboratories with 100% outside building
air in Appendix G. performance
tradeoff method
only).
84................ 90.1-2010co........... 9. Lighting...... Comprehensive update of LPDs in Major +
Table 9.5.1--Building Area (decreases LPD
Method. in most
building
types).
85................ 90.1-2010cp........... 5. Building Corrects non-residential U- Minor +
Envelope. factor and R value (increases R
requirements for steel joist value
floors in CZ3. requirements
for steel joist
floors).
86................ 90.1-2010cr........... 9. Lighting and Makes a number of adjustments Minor + (plus on
12. Normative to Table 9.6.1, Space-by-space retail
References. LPD. outweighs some
negatives on
other building
types).
87................ 90.1-2010ct........... Appendix G....... Identifies heated only storage Neutral (whole
systems 9 and 10 in Appendix G building
as being assigned one system performance
per thermal zone. tradeoff method
only).
88................ 90.1-2010cv........... Appendix G....... Establishes baseline system Neutral (whole
types in Appendix G for building
Assembly occupancies. performance
tradeoff method
only).
89................ 90.1-2010cy........... 6. Heating, Reduces the design supply fan Minor + (applies
Ventilating, and air flow rate for which energy energy recovery
Air-Conditioning. recovery is required for requirements to
systems that operate more than smaller fan
8,000 hours per year. systems).
90................ 90.1-2010cz........... 6. Heating, Increases boiler efficiency for Neutral (adopts
Ventilating, and residential sized (National Federal
Air-Conditioning. Appliance Energy Conservation standards).
Act covered) equipment, <3,000
Btu/h.
91................ 90.1-2010da........... 5. Building Relaxes air leakage Minor--(relaxes
Envelope. requirements for high-speed air leakage
doors for vehicle access and requirements
material transport. for high-speed
doors).
92................ 90.1-2010db........... 5. Building Corrects residential U-factor Minor--(relaxes
Envelope. and R-value requirements for steel joist
steel joist floors in CZ3. floor
requirements in
CZ3).
93................ 90.1-2010dc........... 9. Lighting...... Clarifies automatic lighting Neutral
and switched receptacle (clarification
control in guest rooms as only).
applied to individual spaces.
94................ 90.1-2010dd........... 5. Building Clarifies roof insulation Neutral
Envelope and 3. requirements, differentiating (clarification
Definitions. between roof recovering (on only).
top of existing roof covering)
and replacement of roof
covering.
95................ 90.1-2010de........... 6. Heating, Relaxes design requirements for Minor--(relaxes
Ventilating, and waterside economizers for economizer
Air-Conditioning. computer rooms. requirements
for computer
rooms).
96................ 90.1-2010dg........... 12. Normative Updates reference to ANSI/CRRC- Neutral (updates
References l Standard 2012 (cool roof references
(related to 5. ratings). only).
Building
Envelope).
97................ 90.1-2010di........... 6. Heating, Establishes limits on using Minor + (reduces
Ventilating, and electric or fossil fuel to humidification
Air-Conditioning. humidify or dehumidify between energy usage).
30% and 60% relative humidity
except certain applications.
Requires deadband on humidity
controls.
[[Page 57910]]
98................ 90.1-2010dj........... 9. Lighting...... Additional lighting power Neutral
allowance for electrical/ (tradeoff of
mechanical rooms made additional
available to match 2010 level lighting power
provided there is separate for additional
control for the additional control).
lighting.
99................ 90.1-2010dk........... 9. Lighting...... Eliminates the exemption for Minor + (trades
wattage used in spaces where blanket
lighting is specifically exemption for
designed for those with age- more targeted
related eye conditions or LPD increases).
other medical conditions
related to the eye, where
special lighting or light
levels might be needed.
100............... 90.1-2010dl........... 9. Lighting...... Modifies hotel and motel guest Minor + (new
room LPD. average LPD
less than
previous
requirements).
101............... 90.1-2010dm........... 5. Building Modifies Section 5.4.3.4 for Minor + (reduces
Envelope. vestibules. Adds a size limit vestibule
for large buildings, energy usage).
exemptions for semi-heated
spaces and elevator lobbies in
parking garages.
102............... 90.1-2010dn........... 6. Heating, Reduces the limits on hot gas Minor + (reduces
Ventilating, and bypass as a means of cooling hot gas
Air-Conditioning. capacity control. bypass).
103............... 90.1-2010do........... 12. Normative Updates references to AHRI 550, Neutral (updates
References AMCA 500, ANSI Z21.10.3 and references
(related to 6. Z21.47, ASHRAE 90.1 and 62.1, only).
Heating, NEMA MG 1, and NFPA 70 and 96.
Ventilating, and
Air-
Conditioning).
104............... 90.1-2010dp........... 3. Definitions Corrects the definition of walk- Neutral
(related to 6. in-cooler to be consistent (editorial
Heating, with Federal requirements. only).
Ventilating, and
Air-
Conditioning).
105............... 90.1-2010dq........... 6. Heating, Deletes sizing requirements for Minor--(eliminat
Ventilating, and pipes >24'' in diameter. es sizing
Air-Conditioning. requirements
for pipes above
24'' in
diameter).
106............... 90.1-2010dr........... 3. Definitions Clarifies definition of Neutral
(related to 5. building entrances to exclude (clarification
Building electrical room, mechanical only).
Envelope). rooms, and other utility
service entrances.
107............... 90.1-2010ds........... 5. Building Revises the definitions of Neutral
Envelope and 3. ``primary sidelighted area,'' (editorial
Definitions. ``secondary sidelighted only).
area,'' and ``sidelighting
effective area'' to use the
term ``vertical fenestration''
instead of ``window'' to
clarify that glazed doors and
other fenestration products
are included as well as
windows. Additionally, the
definition of ``daylight area
under rooftop monitors'' is
corrected to include the
spread of light beyond the
width of the rooftop monitor
glazing.
108............... 90.1-2010dt........... 9. Lighting...... Adds exceptions for control of Minor +
exterior lighting integral to (expansion of
signage. Requires certain requirement to
types of exterior lighting all signage may
exempt from LPD requirements outweigh
to be separately controlled. addition of
exception).
109............... 90.1-2010dv........... 6. Heating, Establishes chiller and boiler Minor + (reduces
Ventilating, and fluid flow isolation off hour
Air-Conditioning. requirements so there is no chiller and
flow through the equipment boiler energy
when not in use. use).
110............... 90.1-2010dw........... 6. Heating, Revises high limit shutoff for Minor + (adds
Ventilating, and air economizers. Add sensor sensor accuracy
Air-Conditioning. accuracy requirements. requirements).
----------------------------------------------------------------------------------------------------------------
KEY: The following terms are used to characterize the effect of
individual addenda on energy efficiency (as contained in the above
table): Major + indicates that an addendum is anticipated to
significantly improve energy efficiency; Minor + indicates that an
addendum may improve energy efficiency in specific applications,
Neutral indicates that an addenda is not anticipated to impact energy
efficiency; and Minor - indicates that an addendum may increase energy
use in certain applications.
---------------------------------------------------------------------------
\5\ Addenda as designated by ASHRAE and included in Standard
90.1-2013.
---------------------------------------------------------------------------
Table IV.2 summarizes the overall impact of the addenda in the
qualitative analysis. Overall, the sum of the major positive and minor
positive addenda (i.e., 52 addenda) greatly overwhelms the number of
minor negative addenda (i.e., five addenda), leading to the qualitative
conclusion that the overall impact of the addenda on the Standard is
positive.
[[Page 57911]]
Table IV.2--Overall Summary of Addenda Impact in Qualitative Analysis
--------------------------------------------------------------------------------------------------------------------------------------------------------
Major negative Minor negative Neutral Minor positive Major positive Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
None............................................................... 5 53 44 8 110
--------------------------------------------------------------------------------------------------------------------------------------------------------
Quantitative Analysis
The quantitative analysis of Standard 90.1-2013 was carried out
using whole-building energy simulations of buildings designed to meet
the requirements of Standard 90.1-2010 and Standard 90.1-2013. DOE
simulated 16 representative building types across 15 U.S. climate
locations, with locations selected to be representative of all U.S.
climate zones, as defined by Standard 90.1-2010 and Standard 90.1-2013
(climate zone criteria unchanged between the 2010 and 2013 editions).
In addition, energy use intensities (EUIs) by fuel type and by end-use
were extracted for each building type, and weighted by the relative
square footage of construction (represented by that building type in
each of the 15 climate regions) based on the McGraw Hill Construction
(MHC) Projects Starts Database.\6\ The data is commonly used by other
Federal agencies, such as the U.S. Census Bureau, the Federal Reserve,
and the U.S. Department of Health and Human Services (HHS), to
characterize U.S. building construction. In addition, the MHC database
identifies multi-family residential buildings that would be covered
under the scope of Standard 90.1.
---------------------------------------------------------------------------
\6\ Based on McGraw Hill Construction Projects Starts Database;
see Weighting Factors for the Commercial Building Prototypes Used in
the Development of ANSI/ASHRAE/IESNA Standard 90.1-2010 by Jarnagin,
RE and GK Bandyopadhyay. 2010. PNNL-19116, Pacific Northwest
National Laboratory, Richland, WA. Available at https://www.pnl.gov/
main/publications/external/technicalreports/PNNL-19116.pdf.
---------------------------------------------------------------------------
EUIs developed for each representative building type are weighted
by total national square footage of each representative building type
to estimate the difference between the national energy use in buildings
constructed to the 2010 and 2013 editions of Standard 90.1. Note that
the buildings types used in the quantitative analysis reflect
approximately 80% of the total square footage of commercial
construction, including multi-family buildings greater than three
stories that are covered within the scope of ASHRAE Standard 90.1.
The quantitative analysis of buildings designed to meet the
requirements of Standard 90.1-2013 indicates national primary energy
savings of approximately 8.5 percent of commercial building energy
consumption (in comparison to Standard 90.1-2010). Site energy savings
over Standard 90.1-2010 are estimated to be approximately 7.6 percent.
Using national average fuel prices for electricity and natural gas, DOE
also estimates a reduction in energy expenditures of 8.7 percent
compared to Standard 90.1-2010.
Table IV.3 and Table IV.4 show the energy use and associated
savings resulting from Standard 90.1-2013 by building type and on an
aggregated national basis. Further details on the quantitative analysis
can be found in the full technical support document (TSD) \7\ available
at https://www.energycodes.gov/regulations/determinations.
---------------------------------------------------------------------------
\7\ Halverson et al., ANSI/ASHRAE/IES Standard 90.1-2013
Determination of Energy Savings: Quantitative Analysis (PNNL,
Richland, WA (US), July 2014), available at https://www.pnnl.gov/
main/publications/external/technicalreports/pnnl-23479.pdf.
Table IV.3--Estimated Energy Use Intensity by Building Type (Standard 90.1-2010)
----------------------------------------------------------------------------------------------------------------
Whole building EUI
-----------------------------------------------
Building type Prototype Floor area Source EUI
(percent) Site EUI (kBtu/ (kBtu/ft\2\- ECI ($/ft\2\-
ft\2\-yr) yr) yr)
----------------------------------------------------------------------------------------------------------------
Office........................ Small Office.... 5.61 33.0 100.4 $0.99
Medium Office... 6.05 36.8 105.9 1.03
Large Office.... 3.33 71.9 210.7 2.06
Retail........................ Stand-Alone 15.25 53.4 142.9 1.38
Retail.
Strip Mall...... 5.67 60.4 164.1 1.58
Education..................... Primary School.. 4.99 59.0 151.1 1.44
Secondary School 10.36 47.7 130.3 1.26
Healthcare.................... Outpatient 4.37 120.0 324.3 3.13
Health Care.
Hospital........ 3.45 131.0 321.1 3.04
Lodging....................... Small Hotel..... 1.72 63.6 148.8 1.40
Large Hotel..... 4.95 96.7 217.7 2.03
Warehouse..................... Non-Refrigerated 16.72 18.2 43.2 0.41
Warehouse.
Food Service.................. Fast-Food 0.59 591.5 1051.7 9.27
Restaurant.
Sit-Down 0.66 383.9 742.7 6.69
Restaurant.
Apartment..................... Mid-Rise 7.32 46.3 131.4 1.28
Apartment.
High-Rise 8.97 50.4 124.9 1.19
Apartment.
---------------------------------------------------------------
National.................. ................ 100 58.5 148.9 1.42
----------------------------------------------------------------------------------------------------------------
Table IV.4--Estimated Energy Use Intensity by Building Type (Standard 90.1-2013)
----------------------------------------------------------------------------------------------------------------
Whole building EUI
-----------------------------------------------
Building type Prototype Floor area Site EUI Source EUI
(percent) (kBtu/ft\2\- (kBtu/ft\2\- ECI ($/ft\2\-
yr) yr) yr)
----------------------------------------------------------------------------------------------------------------
Office........................ Small Office.... 5.61 29.4 89.3 $0.88
[[Page 57912]]
Medium Office... 6.05 34.1 97.9 0.95
Large Office.... 3.33 70.8 205.8 2.01
Retail........................ Stand-Alone 15.25 45.9 124.6 1.20
Retail.
Strip Mall...... 5.67 55.1 147.3 1.42
Education..................... Primary School.. 4.99 54.2 134.4 1.28
Secondary School 10.36 41.7 111.9 1.08
Healthcare.................... Outpatient 4.37 115.8 311.8 3.00
Health Care.
Hospital........ 3.45 123.7 300.7 2.85
Lodging....................... Small Hotel..... 1.72 60.0 137.6 1.29
Large Hotel..... 4.95 89.0 195.4 1.81
Warehouse..................... Non-Refrigerated 16.72 17.1 40.6 0.38
Warehouse.
Food Service.................. Fast-Food 0.59 576.4 1001.9 8.78
Restaurant.
Sit-Down 0.66 372.5 713.5 6.41
Restaurant.
Apartment..................... Mid-Rise 7.32 43.9 124.8 1.21
Apartment.
High-Rise 8.97 46.9 114.4 1.08
Apartment.
---------------------------------------------------------------
National.................. ................ 100 54.1 136.2 1.30
----------------------------------------------------------------------------------------------------------------
Table IV.5 presents the estimated energy savings (based on percent
change in EUI) associated with Standard 90.1-2013. Overall, the updated
Standard is expected to increase the energy efficiency of commercial
buildings, as represented in Table IV.5.
Table IV.5--Quantitative Analysis Findings
----------------------------------------------------------------------------------------------------------------
Savings in whole-building EUI (percent)
Building type Prototype Floor area -----------------------------------------------
(percent) Site EUI Source EUI ECI
----------------------------------------------------------------------------------------------------------------
Office........................ Small Office.... 5.61 11.0 11.0 11.0
Medium Office... 6.05 7.4 7.5 7.5
Large Office.... 3.33 1.4 2.4 2.5
Retail........................ Stand-Alone 15.25 13.9 12.8 12.6
Retail.
Strip Mall...... 5.67 8.8 10.2 10.5
Education..................... Primary School.. 4.99 8.1 11.0 11.5
Secondary School 10.36 12.6 14.1 14.4
Healthcare.................... Outpatient 4.37 3.6 3.9 3.9
Health Care.
Hospital........ 3.45 5.6 6.4 6.5
Lodging....................... Small Hotel..... 1.72 5.7 7.5 7.9
Large Hotel..... 4.95 8.0 10.2 10.7
Warehouse..................... Non-Refrigerated 16.72 6.0 6.1 6.1
Warehouse.
Food Service.................. Fast Food 0.59 2.6 4.7 5.3
Restaurant.
Sit-Down 0.66 3.0 3.9 4.2
Restaurant.
Apartment..................... Mid-Rise 7.32 5.4 5.1 5.0
Apartment.
High-Rise 8.97 6.9 8.4 8.7
Apartment.
---------------------------------------------------------------
National.................. ................ 100 7.6 8.5 8.7
----------------------------------------------------------------------------------------------------------------
V. Determination Statement
Review and evaluation of the 2010 and 2013 editions of Standard
90.1 indicate that there are significant differences between the two
editions. Qualitative analysis of the updated Standard reveals that a
majority of the addenda are anticipated to result in significant energy
savings. In addition, quantitative analysis of the Standard indicates
source and site energy savings of 8.5 percent and 7.6 percent,
respectively. DOE has rendered the conclusion that Standard 90.1-2013
will improve energy efficiency in commercial buildings, and, therefore,
receives an affirmative determination under Section 304(b) of ECPA.
VI. State Certification
Upon publication of this affirmative determination, each State is
required to review and update, as necessary, the provisions of its
commercial building energy code to meet or exceed the provisions of the
2013 edition of Standard 90.1. (42 U.S.C. 6833(b)(2)(B)(i)) This action
is required not later than 2 years from the date the final Notice of
Determination is published in the Federal Register, unless an extension
is provided.
State Review & Update
DOE recognizes that some States do not have a State commercial
building energy code, or have a State code that does not apply to all
commercial buildings. If local building energy codes regulate
commercial building design and construction (rather than a State code),
the State must review and make all reasonable efforts to update, as
authorized, those local codes to determine whether they meet or exceed
the 2013 edition of Standard 90.1. States
[[Page 57913]]
may base their certifications on reasonable actions by units of
general-purpose local government. Each such State must review the
information obtained from the local governments, and gather any
additional data and testimony in preparing its own certification.
The applicability of any State revisions to new or existing
buildings would be governed by the State building codes. States should
be aware that the DOE considers high-rise (greater than three stories)
multi-family residential buildings as commercial buildings for energy
code purposes, as is consistent with the scope of Standard 90.1.
Consequently, commercial buildings, for the purposes of certification,
would include high-rise multi-family residential buildings, hotels,
motels, and other transient residential building types of any height.
State Certification Statements
Section 304(b) of ECPA, as amended, requires each State to certify
to the Secretary of Energy that it has reviewed and updated the
provisions of its commercial building energy code regarding energy
efficiency to meet or exceed the Standard 90.1-2013. (42 U.S.C.
6833(b)) The certification must include a demonstration that the
provisions of the State's commercial building energy code regarding
energy efficiency meets or exceeds Standard 90.1-2013. If a State
intends to certify that its commercial building energy code already
meets or exceeds the requirements of Standard 90.1-2013, the State
should provide an explanation of the basis for this certification
(e.g., Standard 90.1-2013 is incorporated by reference in the State's
building code regulations). The chief executive of the State (e.g., the
governor), or a designated State official (e.g., director of the State
energy office, State code commission, utility commission, or equivalent
State agency having primary responsibility for commercial building
energy codes), would provide the certification to the Secretary. Such a
designated State official would also provide the certifications
regarding the codes of units of general purpose local government based
on information provided by responsible local officials.
The DOE Building Energy Codes Program tracks and reports State code
adoption and certifications.\8\ Once a State has adopted a new
commercial code, DOE typically provides software, training, and support
for the new code as long as the new code is based on the national model
code (i.e., ASHRAE Standard 90.1-2013). DOE has issued previous
guidance on how it intends to respond to technical assistance requests
related to implementation resources, such as building energy code
compliance software. (79 FR 15112) DOE also recognizes that some States
develop their own codes that are only loosely related to the national
model codes, and DOE does not typically provide technical support for
those codes. However, DOE does provide incentive funding (e.g., grants)
to these States through various means, such as the State Energy
Program. DOE does not prescribe how each State adopts and enforces its
energy codes.
---------------------------------------------------------------------------
\8\ Available at https://www.energycodes.gov/adoption/states.
---------------------------------------------------------------------------
Requests for Extensions
Section 304(c) of ECPA requires that the Secretary permit an
extension of the deadline for complying with the certification
requirements described above, if a State can demonstrate that it has
made a good faith effort to comply with such requirements and that it
has made significant progress toward meeting its certification
obligations. (42 U.S.C. 6833(c)) Such demonstrations could include one
or both of the following: (1) a plan for response to the requirements
stated in Section 304; or (2) a statement that the State has
appropriated or requested funds (within State funding procedures) to
implement a plan that would respond to the requirements of Section 304
of ECPA. This list is not exhaustive. Requests are to be sent to the
address provided in the ADDRESSES section above, or may be submitted to
BuildingEnergyCodes@ee.doe.gov.
VII. Regulatory Review & Analysis
Review Under Executive Orders 12866 and 13563
Today's action is not a significant regulatory action under Section
3(f) of Executive Order 12866, ``Regulatory Planning and Review'' (58
FR 51735). Accordingly, today's action was not reviewed by the Office
of Information and Regulatory Affairs (OIRA) in the Office of
Management and Budget (OMB). DOE has also reviewed this regulation
pursuant to Executive Order 13563, issued on January 18, 2011. (76 FR
3281). Executive Order 13563 is supplemental to and explicitly
reaffirms the principles, structures, and definitions governing
regulatory review established in Executive Order 12866.
Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires the
preparation of an initial regulatory flexibility analysis for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. As required
by Executive Order 13272, ``Proper Consideration of Small Entities in
Agency Rulemaking'' (67 FR 53461), DOE published procedures and
policies on February 19, 2003, to ensure that the potential impacts of
its rules on small entities are properly considered during the
rulemaking process. (68 FR 7990) DOE has also made its procedures and
policies available on the Office of General Counsel Web site.\9\
---------------------------------------------------------------------------
\9\ Available at https://energy.gov/gc/office-general-counsel.
---------------------------------------------------------------------------
DOE has reviewed today's determination under the provisions of the
Regulatory Flexibility Act and the procedures and policies published in
February 2003. As part of this determination of improved energy
efficiency, section 304 of ECPA requires States to undertake an
assessment of their respective building codes. As such, the only
entities directly regulated by this determination would be States. DOE
does not believe that there will be any direct impacts on small
entities, such as small businesses, small organizations, or small
governmental jurisdictions.
Based on the foregoing, DOE certifies that this determination would
not have a significant economic impact on a substantial number of small
entities. Accordingly, DOE has not prepared a regulatory flexibility
analysis for this determination. DOE's certification and supporting
statement of factual basis will be provided to the Chief Counsel for
Advocacy of the Small Business Administration pursuant to 5 U.S.C.
605(b).
Review Under the National Environmental Policy Act of 1969
Today's action is covered under the Categorical Exclusion found in
DOE's National Environmental Policy Act regulations at paragraph A.6 of
appendix A to subpart D, 10 CFR part 1021. That Categorical Exclusion
applies to actions that are strictly procedural, such as rulemaking
establishing the administration of grants. Today's action is required
by Title III of ECPA, as amended, which provides that whenever the
Standard 90.1-1989, or any successor to that code, is revised, the
Secretary must make a determination, not later than 12 months after
such revision, whether the revised code would improve energy
[[Page 57914]]
efficiency in commercial buildings and must publish notice of such
determination in the Federal Register. (42 U.S.C. 6833(b)(2)(A)) If the
Secretary determines that the revision of Standard 90.1-1989, or any
successor thereof, improves the level of energy efficiency in
commercial buildings, then no later than 2 years after the date of the
publication of such affirmative determination, each State is required
to certify that it has reviewed and updated the provisions of its
commercial building code regarding energy efficiency with respect to
the revised or successor code. (42 U.S.C. 6833(b)(2)(B)(i)) If the
Secretary makes a determination that the revised Standard will not
improve energy efficiency in commercial buildings, then State
commercial codes shall meet or exceed the last revised Standard for
which the Secretary has made a positive determination. (42 U.S.C.
6833(b)(2)(B)(ii)) Therefore, DOE has preliminarily determined that the
Secretary's determination is not a major Federal action that would have
direct environmental impacts. Accordingly, DOE has not prepared an
environmental assessment or an environmental impact statement.
Review Under Executive Order 13132, ``Federalism''
Executive Order 13132 (64 FR 43255) imposes certain requirements on
agencies formulating and implementing policies or regulations that pre-
empt State law or that have federalism implications. Agencies are
required to examine the constitutional and statutory authority
supporting any action that would limit the policymaking discretion of
the States and carefully assess the necessity for such actions. DOE has
reviewed the statutory authority, and Congress found that:
(1) Large amounts of fuel and energy are consumed unnecessarily
each year in heating, cooling, ventilating, and providing domestic hot
water for newly constructed residential and commercial buildings
because such buildings lack adequate energy conservation features;
(2) Federal voluntary performance standards for newly constructed
buildings can prevent such waste of energy, which the Nation can no
longer afford in view of its current and anticipated energy shortage;
(3) The failure to provide adequate energy conservation measures in
newly constructed buildings increases long-term operating costs that
may affect adversely the repayment of, and security for, loans made,
insured, or guaranteed by Federal agencies or made by federally insured
or regulated instrumentalities; and
(4) State and local building codes or similar controls can provide
an existing means by which to ensure, in coordination with other
building requirements and with a minimum of Federal interference in
State and local transactions, that newly constructed buildings contain
adequate energy conservation features. (42 U.S.C. 6831)
Pursuant to Section 304(b) of ECPA, DOE is statutorily required to
determine whether the most recent edition of Standard 90.1 would
improve the level of energy efficiency in commercial buildings as
compared to the previous edition. If DOE makes a positive
determination, the statute requires each State to certify that it has
reviewed and updated the provisions of its commercial building code
regarding energy efficiency with respect to the revised or successor
codes. (42 U.S.C. 6833(b)(2)(B)(i))
Executive Order 13132 requires meaningful and timely input by State
and local officials in the development of regulatory policies that have
federalism implications unless funds necessary to pay the direct costs
incurred by the State and local governments in complying with the
regulation are provided by the Federal Government. (62 FR 43257)
Pursuant to Section 304(e) of ECPA, the DOE Secretary is required to
provide incentive funding to States to implement the requirements of
section 304, and to improve and implement State residential and
commercial building energy efficiency codes, including increasing and
verifying compliance with such codes. In determining whether, and in
what amount, to provide incentive funding, the Secretary must consider
the actions proposed by the State to implement the requirements of this
section, to improve and implement residential and commercial building
energy efficiency codes, and to promote building energy efficiency
through the use of such codes. (See 42 U.S.C. 6833(e)) Therefore,
consultation with States and local officials regarding this
determination was not required.
However, DOE notes that State and local governments were invited to
participate in the development Standard 90.1-2013. The ASHRAE Standard
is developed in a national, ANSI-approved consensus process open to the
public, and in which State and local governments may participate, along
with the general public. The updated Standard is the product of a
series of amendments to the prior edition of the Standard, with each
addendum made available for public review with any interested party
having the ability to submit comments. Comments on the addendum are
received, reviewed, and resolved through an established process
commonly utilized in generating industry consensus standards. Members
of the Standard 90.1 project committee have included representatives of
State and local governments. DOE believes that this process has given
State and local jurisdictions extensive opportunity to comment and
express any concerns on Standard 90.1-2013, the subject of this
determination.
On issuance of a determination that Standard 90.1-2013 would
improve the energy efficiency of commercial buildings, ECPA requires
each State to certify to the Secretary that it has reviewed and updated
the provisions of its commercial building code regarding energy
efficiency to meet or exceed the requirements of Standard 90.1-2013.
DOE notes that ECPA sets forth this requirement for States. (42 U.S.C.
6833(b)(2)(B)(i)) States are given broad freedom to either adopt
Standard 90.1-2013 or develop their own code that meets or exceeds
Standard 90.1-2013.
Review Under Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally
requires Federal agencies to examine closely the impacts of regulatory
actions on State, local, and tribal governments. Subsection 101(5) of
Title I of that law defines a Federal intergovernmental mandate to
include any regulation that would impose upon State, local, or tribal
governments an enforceable duty, except a condition of Federal
assistance or a duty arising from participating in a voluntary Federal
program. Title II of that law requires each Federal agency to assess
the effects of Federal regulatory actions on State, local, and tribal
governments, in the aggregate, or to the private sector, other than to
the extent such actions merely incorporate requirements specifically
set forth in a statute. Section 202 of that title requires a Federal
agency to perform an assessment of the anticipated costs and benefits
of any rule that includes a Federal mandate that may result in costs to
State, local, or tribal governments, or to the private sector, of $100
million or more. Section 204 of that title requires each agency that
proposes a rule containing a significant Federal intergovernmental
mandate to develop an effective process for obtaining meaningful and
timely input from elected officers of State, local, and tribal
governments.
Consistent with previous determinations, DOE has completed its
[[Page 57915]]
review, and concluded that impacts on state, local and tribal
governments are less than the $100 million threshold specified in the
Unfunded Mandates Act. Accordingly, no further action is required under
the Unfunded Mandates Reform Act of 1995. Documentation supporting this
review is contained in Appendix D of the Quantitative Analysis
technical support document (TSD) \10\ available at https://www.energycodes.gov/regulations/determinations.
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\10\ Halverson et al., ANSI/ASHRAE/IES Standard 90.1-2013
Determination of Energy Savings: Quantitative Analysis (PNNL,
Richland, WA (US), June 2014), available at https://www.pnnl.gov/
main/publications/external/technicalreports/pnnl-23479.pdf.
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Review Under the Treasury and General Government Appropriations Act of
1999
Section 654 of the Treasury and General Government Appropriations
Act of 1999 (Pub. L. 105-277) requires Federal agencies to issue a
Family Policymaking Assessment for any rule that may affect family
well-being. Today's action would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
Review Under the Treasury and General Government Appropriations Act of
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by the
Office of Management and Budget (OMB). Both OMB and DOE have published
established relevant guidelines (67 FR 8452 and 67 FR 62446,
respectively). DOE has reviewed today's action under the OMB and DOE
guidelines, and has concluded that it is consistent with applicable
policies in those guidelines.
Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' (66 FR
28355), requires Federal agencies to prepare and submit to the OMB a
Statement of Energy Effects for any proposed significant energy action.
A ``significant energy action'' is defined as any action by an agency
that promulgated or is expected to lead to promulgation of a final
rule, and that: (1) Is a significant regulatory action under Executive
Order 12866, or any successor order; and (2) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (3) is designated by the Administrator of the OMB Office of
Information and Regulatory Affairs (OIRA) as a significant energy
action. For any proposed significant energy action, the agency must
give a detailed statement of any adverse effects on energy supply,
distribution, or use, should the proposal be implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use. Today's action would not have a
significant adverse effect on the supply, distribution, or use of
energy and is therefore not a significant energy action. Accordingly,
DOE has not prepared a Statement of Energy Effects.
Review Under Executive Order 13175
Executive Order 13175, ``Consultation and Coordination with Indian
tribal Governments'' (65 FR 67249), requires DOE to develop an
accountable process to ensure ``meaningful and timely input by tribal
officials in the development of regulatory policies that have tribal
implications.'' ``Policies that have tribal implications'' refers to
regulations that have ``substantial direct effects on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.'' Today's action is
not a policy that has ``tribal implications'' under Executive Order
13175. DOE has reviewed today's action under Executive Order 13175 and
has determined that it is consistent with applicable policies of that
Executive Order.
Issued in Washington, DC, on September 18, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
[FR Doc. 2014-22882 Filed 9-25-14; 8:45 am]
BILLING CODE 6450-01-P
