1

Environmental Assessment for Proposed Rule, 10 CFR 433, 

“Sustainable Design and Energy Efficiency Standards for New Federal 

Commercial and High-Rise Multi-Family Residential Buildings” and 10 

CFR 435, “Sustainable Design and Energy Efficiency Standards for 

New Federal Residential Low-Rise Residential Buildings”

(DOE/EA-1463)

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SUMMARY

 The U.S. Department of Energy (DOE) has prepared this Environmental 

Assessment (EA) for DOE’s Proposed Rule, 10 CFR 433, “Sustainable Design and 

Energy Efficiency Standards for the Design and Construction of New Federal 

Commercial and High-Rise Multi-Family Residential Buildings” and 10 CFR 435, 

“Sustainable Design and Energy Efficiency Standards for New Federal Residential LowRise Residential Buildings”. Section 305(a) of the Energy Conservation and Production 

Act (ECPA) as revised by Section 109 of the Energy Policy Act of 2005 (Pub. L. 109-58) 

requires that DOE establish by rule performance standards for all Federal buildings. (42 

U.S.C. 6834(a)(3)(A)). Section 433 of the Energy Independence and Security Act of 

2007 (EISA; Pub. L. No. 110-140) further amended section 305 of ECPA to apply 

sustainable design principles to certain new Federal buildings and major renovations of 

Federal buildings without specifying consideration of life-cycle cost effectiveness. (42 

U.S.C. 6834(a)(3)(D)(i)(III)) In addition, DOE is directed to establish regulations that 

require water conservation technologies and solar hot water heaters be applied to the 

extent life-cycle cost effective. (42 U.S.C. 6834 (a)(3)(A)(ii) and (a)(3)(D)(vii)). Section 

433 of EISA also adds fossil fuel-based energy consumption reductions to Section 305 of 

ECPA. DOE has already addressed the energy efficiency requirements of Section 305 of 

ECPA from Section 109 of EPACT in a separate rulemaking published on December 21, 

2007 (72 FR 72565). DOE is addressing the fossil fuel-based energy consumption 

reduction requirements in Section 433 of EISA in a separate rulemaking that will be 

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published in 2010. This Environmental Assessment addresses the sustainable design 

requirements (excluding energy efficiency) contained in the Proposed Rule. 

 

The Proposed Rule is applicable to new Federal buildings, which are defined as 

any building to be constructed by, or for the use of, any Federal agency including 

buildings built for the purpose of being leased by a Federal agency, and privatized 

military housing. The Proposed Rule also applies to buildings undergoing major 

renovations, which are defined as changes to a building that provide significant 

opportunities for substantial improvement in the sustainable design elements covered in 

this rule, including energy efficiency. DOE has also included in the definition of major 

renovation the statement that any renovation that exceeds 25% of the replacement value 

of the building would be considered a major renovation. The Proposed Rule does not 

apply to existing buildings that have already been constructed and that are not undergoing 

major renovation or new buildings for which design for which construction has begun 

prior to the effective date. 

The EA summarizes the potential incremental environmental impacts of the 

Proposed Rule. To identify the potential environmental impacts that may result from 

implementing the rules for new Federal buildings and Federal buildings undergoing 

major renovation, DOE compared the Proposed Rule with the “no-action alternative” of

the Guiding Principles for Federal Leadership in High Performance and Sustainable 

Buildings as required by Executive Order 13514, “Federal Leadership in Environmental, 

Energy, and Economic Performance” (Federal Register, October 5, 2009). 

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The Proposed Rule is by its fundamental intent beneficial to the environment. 

The Proposed Rule is not expected to cause any adverse health effects, and thus would 

have no environmental justice impacts affecting low-income or minority populations. 

The Proposed Rule will be beneficial and have no significant impact on sensitive 

environmental resources, including wetlands/floodplains, prime agricultural lands, 

endangered species, and sensitive ecosystems. The Proposed Rule would not have an 

adverse effect on historic or archaeological sites, and would not be affected by a terrorist 

act. 

ABBREVIATIONS AND ACRONYMS

Act or ECPA Energy Conservation and Production Act (42 U.S.C. 6831 et seq.) 

ANSI American National Standards Institute

ASHRAE American Society of Heating, Refrigerating, and Air-Conditioning 

Engineers, Inc. 

CFC chlorofluorocarbon 

CFR Code of Federal Regulations 

CO2 carbon dioxide 

CO carbon monoxide 

DOE Department of Energy

EPA Environmental Protection Agency 

FR Federal Register

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HFC hydro fluorocarbon

IESNA Illuminating Engineering Society of North America

LCC life-cycle cost

NEPA National Environmental Policy Act of 1969 

NO2 nitrogen dioxide 

PFC perfluorocarbon 

SF6 sulfur hexafluoride 

SO2 sulfur dioxide 

U.S.C. United States Code 

VOC Volatile organic compounds 

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CONTENTS

CONTENTS....................................................................................................................... 6

1 PURPOSE AND NEED FOR AGENCY ACTION ............................................... 7

2 THE PROPOSED RULE AND ALTERNATIVES ............................................... 9

2.1 The Proposed Action - The Proposed Rule........................................................... 9

2.2 “No-Action” Alternative – The Guiding Principles ............................................ 10

3 ENVIRONMENTAL IMPACTS ........................................................................... 12

3.1 Indoor Habitability ............................................................................................ 12

3.2 Water Conservation .......................................................................................... 17

3.3 Materials ........................................................................................................... 18

3.4 Siting ................................................................................................................. 23

3.5 Environmental Justice ....................................................................................... 24

3.6 Other Impacts .................................................................................................... 24

4 AGENCIES AND PERSON CONSULTED DURING THIS RULEMAKING 25

5 REFERENCES ........................................................................................................ 26

TABLES

Table 1 Indoor Air Emissions .......................................................................................... 14

Table 2 Buildings Related Construction and Demolition Percentages by Material ........ 21

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1 PURPOSE AND NEED FOR AGENCY ACTION

 

This Environmental Assessment (EA) complies with the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.), the implementing regulations of the Council 

on Environmental Quality (40 CFR Parts 1500-1508), and DOE’s regulations for 

implementing NEPA (10 CFR Part 1021). 

 Section 305 of the Energy Conservation and Production Act (ECPA), as amended 

by the Energy Policy Act of 1992 (Pub. L. 102-486) requires DOE to establish building 

performance standards for all new Federal buildings and for Federal buildings that are 

undergoing major renovation. (42 U.S.C. 6834) Section 305(a)(2) requires that cost 

effective energy efficiency requirements and sustainable design principles be applied to 

all new and replacement buildings and that water conservation technologies be applied if 

water is used to achieve energy efficiency. (42 U.S.C. 6834(a) (2)) Section 305(a)(2)(C) 

of ECPA requires that DOE consider, in consultation with the Environmental Protection 

Agency and other Federal agencies, and where appropriate, measures regarding radon 

and other indoor air pollutants. Section 433 of the Energy Independence and Security 

Act of 2007 (EISA; Pub. L. No. 110-140) further amended section 305 of ECPA to apply 

sustainable design principles to certain new Federal buildings and major renovations of 

Federal buildings without specifying consideration of life-cycle cost effectiveness. (42 

U.S.C. 6834(a)(3)(D)(i)(III)) In addition, DOE is directed to establish regulations that 

require water conservation technologies and solar hot water heaters be applied to the 

extent life-cycle cost effective. (42 U.S.C. 6834 (a)(3)(A)(ii) and (a)(3)(D)(vii)). Section 

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433 of EISA also adds fossil fuel-based energy consumption reductions to Section 305 of 

ECPA. 

On December 21, 2007 (72 FR 72565), the Department issued a Final Rule 

establishing energy conservation standards for new Federal commercial and multi-family 

high rise residential buildings (10 CFR part 433) and new Federal low-rise residential 

buildings (10 CFR part 435, subpart A). DOE is addressing the fossil fuel-based energy 

consumption reduction requirements in Section 433 of EISA in a separate rulemaking 

that will be published in 2010. This environmental assessment is in support of a Notice 

of Proposed Rulemaking specifying sustainable design and water conservation 

requirements for new buildings constructed for the Federal sector and for Federal 

buildings undergoing major renovation. 

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2 THE PROPOSED RULE AND ALTERNATIVES

 

 Section 2.1 describes the Proposed Rule and Section 2.2 describes the no-action 

alternative. 

 

2.1 The Proposed Action - The Proposed Rule 

 

The Proposed Rule requires Federal agencies to construct new Federal building 

and Federal buildings undergoing major renovation using sustainable design principles. 

These requirements are adapted from the Guiding Principles for Federal Leadership in 

High Performance and Sustainable Buildings (referred to here as the Guiding Principles). 

 

The major sustainable design elements of the Proposed Rule are: 

• Siting

• Commissioning 

• Water conservation

• Indoor environmental quality 

• Environmental impact of materials

Energy efficiency is a key component of sustainable building design, but has 

already been addressed in a previous environmental assessment (U.S. DOE 2007) and 

therefore is not covered here. 

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2.2 “No-Action” Alternative – The Guiding Principles

 

The no-action alternative is defined as the current practice for new Federal 

buildings and Federal buildings that are undergoing major renovation. Current practice 

for Federal buildings is the Guiding Principles for Federal Leadership in High 

Performance and Sustainable Buildings as required by Executive Order 13514. 

Additionally, Federal agencies may have their own policies and procedures related to 

sustainability in their buildings and other Federal regulations may overlap with the 

requirements in the Proposed Rule in certain cases. For example, the U.S Department of 

Energy requires a U.S. Green Building Council’s Leadership in Energy and 

Environmental Design (LEED®) Gold certification for all of its new construction, and 

major building renovations in excess of $5 million. 

2.3 Differences between the Proposed Rule and the No-Action alternative

The Proposed Rule is not identical to the Guiding Principles. In some places, the 

Proposed Rule has more specific language necessary for a code that specifies exactly 

what must be done rather than provides advice and general information. . 

The Proposed Rule contains the same general elements as the Guiding Principles 

but also include provisions related to the siting of buildings. There requirements are 

intended to protect environmentally sensitive sites and enable the effective utilization of 

existing infrastructure, including locating buildings in central business districts well 

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served by transit wherever possible. The Proposed Rule and the Guiding Principles 

contain identical solar hot water requirements. 

The Guiding Principles do not have explicit requirements for residential 

buildings. However, most of the requirements in the Guiding Principles are equally 

beneficial for all building types and so the Guiding Principles may be used as the noaction alternative for Federal residential buildings as well. The most notable addition to 

the Proposed Rule for residential buildings is the requirement for radon control measures 

in regions with high radon potential. 

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3 ENVIRONMENTAL IMPACTS 

 

The Proposed Rule contains requirements that impact on building habitability 

(indoor environment), the outdoor environment, the nation's economy, and the Federal 

agencies that procure commercial and residential buildings. The impacts of the Proposed 

Rule are described in more detail in this section. 

 

3.1 Indoor Habitability 

 

The Proposed Rule should lead to improvement in indoor air quality. The 

primary indoor air emissions that can adversely affect human health in typical 

commercial and residential buildings are particulate matter, carbon monoxide (CO), 

carbon dioxide (CO2), nitrogen dioxide (NO2), radon, formaldehyde, volatile organic 

compounds, and biological contaminants. 

 

The Proposed Rule influences the concentration levels of indoor air emissions in 

several ways. First, they require mechanical ventilation of fresh air from outdoors for 

most buildings, which generally reduces indoor-generated pollutant concentration levels. 

The Proposed Rule utilizes American Society of Heating, Refrigerating, and AirConditioning Engineers (ASHRAE) Standards 62.1 (commercial buildings) and 62.2 

(residential buildings). As the Guiding Principles also reference Standard 62.1, the 

change from the no-action alternative to the Proposed Rule is to expand the scope to 

cover residential buildings with Standard 62.2. 

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 Second, the Proposed Rule contains “source control” requirements intended to 

reduce sources of potentially harmful emissions within buildings. These emissions can 

originate from furnishings within a building (e.g., carpet, furniture), from building 

materials (e.g., insulation material, particle board), from the ground (e.g., radon), from 

the building occupants' indoor activities (e.g., tobacco smoking, painting), or from the 

mechanical equipment (e.g., fossil-fuel appliances). Potential combustion emissions 

include CO, CO2, nitrogen oxides, and sulfur dioxide (SO2). Fossil-fuel-burning 

(including gas stoves/ovens) equipment and, if allowed, tobacco smoke, are the main 

sources of combustion products. In addition, sources from outside the building 

(particularly vehicle exhaust) can be drawn into the building. The Proposed Rule does 

not change pollutant rates from indoor sources of air pollution compared to the no-action 

alternative other than the expansion of scope to cover residential buildings. 

 

 Table 1 summarizes the principal indoor air emissions that can potentially be of 

concern within buildings. 

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Table 1 Indoor Air Emissions 

Pollutant Health Impacts Sources

Particulate Matter Lung cancer, bronchitis and respiratory 

infections. Eye, nose, and throat irritations. 

Fossil fuel combustion, dust, smoking. 

Carbon Monoxide CO is an odorless and colorless gas that is 

an asphyxiate and disrupts oxygen transport. 

At high concentration levels, CO causes loss 

of consciousness and death. 

Unvented kerosene and gas space 

heaters; leaking chimneys and 

furnaces; back drafting from furnaces, 

gas water heaters, wood stoves, and 

fireplaces; gas stoves; and automobile 

exhaust from attached garages. 

Carbon Dioxide An excessive concentration of CO2 triggers 

increased breathing to maintain the proper 

exchange of oxygen and CO2. 

Concentrations above 3 percent can cause 

headaches, dizziness, and nausea. 

Concentrations above 6 percent to 8 percent

can cause death (NRC 1981) 

Sources include human respiration, 

tobacco smoking, gas stoves, and gas 

ovens. 

Nitrogen Dioxide NO2 acts mainly as an irritant, affecting the 

eyes, nose, throat, and respiratory tract. 

Extremely high-dose exposure to NO2 (as 

in a building fire) may result in pulmonary 

edema and diffuse lung injury. Continued 

exposure to high NO2 levels can lead to 

acute bronchitis (EPA 1994) 

Sources include kerosene heaters, gas 

stoves, ovens, and tobacco smoke.

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Table 1. (continued)

Pollutant Health Impacts Sources

Radon Radon decay products in breathed air can 

deposit and stay in the lungs, sometimes 

contributing to lung cancer. The National 

Academy of Sciences (NAS) estimates that 

15,400 to 21,800 people in the United States 

die from lung cancer attributable to radon, 

although the number could be as low as 

3,000 or as high as 32,000 (NAS 1998). A 

large majority of the deaths happen to 

cigarette smokers. Radon is much less of a 

concern in commercial buildings than in 

residential buildings as these buildings 

usually have mechanical ventilation and 

occupants are typically not in the buildings 

as many hours a week as they are in their 

homes. 

Radon is a radioactive gas that occurs 

in nature. The greatest single source of 

radon is from the soil. It can be found 

in soils and rocks containing uranium, 

granite, shale, phosphate, and 

pitchblende (Moffat 1997). 

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Table 1. (continued)

Pollutant Health Impacts Sources

Formaldehyde The EPA has classified formaldehyde as a 

"probable human carcinogen" (EPA 1989). 

In low concentration levels, formaldehyde 

irritates the eyes and mucous membranes of 

the nose and throat (NRC 1981). 

Formaldehyde can cause watery eyes; 

burning sensations in the eyes, nose, and 

throat; nausea; coughing; chest tightness; 

wheezing; skin rashes; and allergic reactions 

(CPSC 1997). 

Various pressed-wood products can 

emit formaldehyde, including particle 

board, plywood, pressed wood, 

paneling, some carpeting and backing, 

some furniture and dyed materials, 

urea-formaldehyde insulating foam, 

and pressed textiles (CPSC 1997). 

Cigarette smoke also produces 

formaldehyde. 

Volatile organic 

compounds (VOCs)

VOCs can cause a wide variety of health 

problems. Some examples of potential heath 

effects include increased cancer risks, 

depression of the central nervous system, 

irritation to the eyes and respiratory tract, 

and liver and kidney damage. Some 

evidence exists that VOCs can provoke some 

of the symptoms typical of sick-building 

syndrome and cause severe reactions for 

individuals who appear to demonstrate 

multiple chemical sensitivities (EPA 1991).

VOCs contain carbon and exist as 

vapors at room temperatures. Over 

900 VOCs have been identified in 

indoor air (EPA 1991). 

Formaldehyde is one type of VOC. 

Many products give off VOCs as they 

dry, cure, set, or otherwise age 

(Moffat 1997).

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Table 1. (cont’d)

Pollutant Health Impacts Sources

Biological 

Contaminants 

Biological agents in indoor air are known to 

cause three types of human disease: 

infections, where pathogens invade human 

tissue; hypersensitivity diseases, where 

specific activation of the immune system 

causes diseases; and toxicosis, where 

biologically produced chemical toxins cause 

direct toxic effects (EPA 1994). Evidence 

is available showing that some episodes of 

sick-building syndrome may be related to 

microbial contamination of buildings (EPA 

1994). 

Sources include outdoor air and human 

occupants who shed viruses and 

bacteria, animal occupants (insects and 

other arthropods, mammals) that shed 

allergens, and indoor surfaces and 

water reservoirs such as humidifiers 

where fungi and bacteria can grow 

(EPA 1994). 

3.2 Water Conservation

The U.S. Government Accounting Office estimated in 2003 that 36 states will face 

water shortages by 2013 (General Accounting Office 2003). The Federal Government 

uses an estimated 244-256 billion gallons of water annually. This is equal to the water use 

of a state the size of Michigan or almost 10 million people 

(http://www1.eere.energy.gov/femp/water/water_basics.html). 78% of the Federal water 

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use is by the Department of Defense (PNNL 2005). In the Federal sector, approximately 

half of the potable water consumed is used for domestic purposes, with the remaining 

balance attributed to engineered related uses (FEMP 2008). Engineered related uses 

include, but are not limited to, boiler systems, steam and condensate systems, cooling 

tower and chiller systems, irrigation systems, single-pass cooling systems, water and 

waste water treatment plants, and comprehensive leak detection strategies. 

The Proposed Rule adopts the water saving targets from the Guiding Principles: a 

20% reduction of indoor potable water usage and a 50% reduction in outdoor potable 

water usage. Since the savings requirements are the same as the no-action alternative for 

commercial buildings, the only expected savings will be for residential buildings. 

A recent report (PNNL, 2005) estimates the total life-cycle cost-effective water 

conservation potential today in the Federal sector, assuming 100% penetration of efficient 

technology, based on appropriate “off the shelf” domestic water technologies is estimated 

to be between 35 and 50 billion gallons/year. This represents approximately 17% to 24% 

of the total Federal water use.

3.3 Materials

The Proposed Rule contains four elements addressing the environmental impacts of 

materials:

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(1) Recycled Content. The Proposed Rule requires the use EPA's recycled content 

recommendations or a recycled content of at least 10%. 

Federal agencies are already required to purchase “designated products” with the 

maximum recovered material content practicable under EPA’s Comprehensive 

Procurement Guidelines (http://www.epa.gov/cpg/products.htm). Examples of 

designated products include building insulation materials, carpet cushion, and roofing 

materials. 

(2) Biobased Content. The Proposed Rule requires compliance with USDA's biobased 

content recommendations or use biobased products made from rapidly renewable 

resources and certified sustainable wood products. 

The Farm Security and Rural Investment Act (FSRIA) of 2002 included a 

directive to all federal agencies to increase their purchase and use of "preferred" biobased 

products. As defined by FSRIA, "biobased products" are products determined by the 

U.S. Secretary of Agriculture to be commercial or industrial goods (other than food or 

feed) composed in whole or in significant part of biological products, forestry materials, 

or renewable domestic agricultural materials, including plant, animal, or marine 

materials. Made from renewable plant and animal sources, biobased products are 

generally safer for the environment than their petroleum-based counterparts. They are 

usually biodegradable or recyclable. Federal agencies are required by FSRIA to purchase 

biobased products over their petroleum-based counterparts, as long as the biobased 

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materials are reasonably available, reasonably priced, and comparable in performance. 

(http://www.biopreferred.gov/aboutus.aspx?SMSESSION=NO) 

Not all biobased products are USDA-designated, in which case the Proposed Rule 

requires either the use of rapidly renewable resources or certified sustainable wood 

products. “Rapidly renewable” refers to materials and products made from plants that are 

harvested within a ten-year cycle or shorter (for example: bamboo). Certified wood 

products may not be rapidly renewable, but rather are developed under sustainable 

forestry practices

(3) Construction Waste. The Proposed Rule requires new Federal buildings and Federal 

buildings undergoing major renovation to be designed to recycle or salvage at least 50 

percent construction, demolition and land clearing waste, excluding soil. 

In 1998, an EPA report found 10.8 million tons of waste was generated from new 

building construction (EPA 1998). Information on how to reduce construction waste is 

provided at: http://www.wbdg.org/resources/cwmgmt.php. Table 2 shows the breakdown 

of overall building construction and demolition waste by material based on studies of 

existing buildings (source: 

http://yosemite.epa.gov/oar/globalwarming.nsf/UniqueKeyLookup/BMOE5XLKDG/$Fil

e/Analyzing_C_D_Debris.pdf). New construction produces only 8% of all buildingrelated construction and demolition waste, with renovations and demolitions contributing 

44% and 48%, respectively (Franklin Associates 1998). Estimated total construction 

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waste for new buildings is about 4 pounds per square foot of floor area (Franklin 

Associates 1998). 

Table 2 Buildings Related Construction and Demolition Percentages by Material 

Material Estimated Debris

Concrete and Mixed Rubble 40-50%

Wood 20-30%

Drywall 5-15%

Asphalt Roofing 1-10%

Metals 1-5%

Bricks 1-5%

Plastics 1-5%

(4) Ozone Depleting Compounds. The Proposed Rule requires that new Federal buildings 

and major renovations to federal buildings not use ozone depleting compounds during 

and after construction where alternative environmentally preferable products are 

available, consistent with either the Montreal Protocol or Title VI of the Clean Air Act 

Amendments of 1990. 

The EPA defines Ozone-Depleting Substance(s) (ODS) as a compound that 

contributes to stratospheric ozone depletion. ODS include CFCs, HCFCs, halons, methyl 

bromide, carbon tetrachloride, and methyl chloroform. ODS are generally very stable in 

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the troposphere and only degrade under intense ultraviolet light in the stratosphere. When 

they break down, they release chlorine or bromine atoms, which then deplete ozone. The 

Proposed Rule instructs agencies to not use ozone depleting compounds if an 

environmentally preferable material is available.

Ozone depletion can cause increased amounts of UV radiation to reach the Earth 

which can lead to more cases of skin cancer, cataracts, and impaired immune systems. 

Overexposure to UV is believed to be contributing to the increase in melanoma, the most 

fatal of all skin cancers. Since 1990, the risk of developing melanoma has more than 

doubled. UV can also damage sensitive crops, such as soybeans, and reduce crop yields. 

Some scientists suggest that marine phytoplankton, which are the base of the ocean food 

chain, are already under stress from UV radiation. This stress could have adverse 

consequences for human food supplies from the oceans 

(http://www.epa.gov/airprogm/oar/airtrends/aqtrnd96/brochure/stratoz.html). 

For construction materials, the Proposed Rule will have minimal impacts 

compared to the no-action alternative as they both have the same fundamental 

requirements. 

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3.4 Siting

The building site selection (siting) requirements in the Proposed Rule are straightforward. 

The rules briefly touch upon where construction should and should not be located. 

Specifically, Federal buildings should be centrally located and be near public 

transportation, and should not be located in sensitive land resources, to the extent 

practicable. 

The placements of buildings near public transportation sources will help reduce 

transportation energy use and associated greenhouse gas emissions, though this savings is 

difficult to quantify. A recent study examined the benefits of public transportation on a 

national scale (Bailey et al. 2008). This study concluded public transportation reduces 

U.S. travel by an estimated 102.2 billion vehicle miles traveled (VMT) each year, or 3.4 

percent of the annual U.S. total in 2007. The total energy saved, less the energy used by 

public transportation and adding fuel savings from reduced congestion, is equivalent to 

4.2 billion gallons of gasoline a year. The total effects reduce greenhouse gas emissions 

from automobile travel by 37 million metric tons.

The no-action alternative of the Guiding Principles do not address site selection, 

though various federal regulations and policies cover many aspects of where facilities can 

and cannot be located (Endangered Species Act, etc.). Therefore, the impacts of the 

siting restrictions in the Proposed Rule are expected to be minimal. 

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3.5 Environmental Justice 

 

 A consideration of Environmental Justice is made pursuant to Executive 

Order 12898, “Federal Actions to Address Environmental Justice in Minority Populations 

and Low-Income Populations.” The Executive Order requires Federal agencies to 

address disproportionately high and adverse human health or environmental effects of its 

programs, policies, and activities on low-income or minority populations. The Proposed 

Rule would not result in any adverse health effects and therefore does not have the 

potential for disproportionately high and adverse health effects on minorities and low 

income population. 

3.6 Other Impacts

 

 The Proposed Rule will be beneficial and have no significant impact on 

sensitive environmental resources, including wetlands/floodplains, prime agricultural 

lands, endangered species, and sensitive ecosystems. The Proposed Rule will not impact 

historic or archaeological sites. There are no aspects of the Proposed Rule that would be 

affected by a terrorist act. 

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4 AGENCIES AND PERSON CONSULTED DURING THIS RULEMAKING

In accordance with CEQ regulations in 40 CFR 1508.9(b), a list of 

persons/agencies consulted during the development of this rulemaking and environmental 

assessment is provided below. 

DOE and Contractor Staff 

US DOE Federal Energy Management Program - Cyrus Nasseri

Pacific Northwest National Laboratory (DOE contractor) - Mark Halverson , 

Robert Lucas, and Kim Fowler 

The rulemaking was also presented to a variety of Federal agency representatives 

at the following forums: 

Interagency Working Group on Sustainability 

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5 REFERENCES

 

10 CFR 433. 2007. U.S. Department of Energy, " Energy Efficiency Standards for the 

Design and Construction of New Federal Commercial and High-Rise Multi-Family 

Residential Buildings." U.S. Code of Federal Regulations. 

 

10 CFR 435. 2007. U.S. Department of Energy, "Energy Efficiency Standards for New 

Federal Residential Buildings." U.S. Code of Federal Regulations. 

 

10 CFR 1021. 2000. U.S. Department of Energy, "National Environmental Policy Act 

Implementing Procedures." U.S. Code of Federal Regulations. 

 

40 CFR 1500-1508. July 1, 1986. Council on Environmental Quality, “Regulations for 

Implementing the Procedural Provisions of the National Environmental Policy Act.” 

U.S. Code of Federal Regulations. 

 

American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. 

(ASHRAE). 2007. ASHRAE Standard 62.1-2007, “Ventilation for Acceptable Indoor 

Air Quality.” Atlanta, Georgia. 

American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. 

(ASHRAE). 2007. ASHRAE Standard 62.2-2007, “Ventilation and Acceptable Indoor 

Air Quality in Low-Rise Residential Buildings” Atlanta, Georgia. 

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Bailey, L., P. L. Mokhtarian, and A. Little. 2008. The Broader Connection between

Public Transportation, Energy Conservation and Greenhouse Gas Reduction. ICF 

International. Fairfax, Virginia. 

http://www.apta.com/research/info/online/documents/land_use.pdf 

Consumer Product Safety Commission (CPSC). 1997. An Update on Formaldehyde--

1997 Revision. Washington, D.C. 

 

Energy Conservation and Production Act (ECPA). 42 U.S.C. 6834 et seq., as amended. 

EPA. 1998. Characterization of Building-Related Construction and Demolition Debris 

in the United States. http://www.epa.gov/epaoswer/hazwaste/sqg/c&d-rpt.pdf

 

Executive Order 12898, “Federal Actions to Address Environmental Justice in Minority 

Populations and Low-Income Populations.” 

 

Executive Order 13514, “Federal Leadership in Environmental, Energy, and Economic 

Performance”.

FEMP. 2008. Establishing Baseline and Meeting Water Conservation Goals of 

Executive Order 13423 

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Franklin Associates. 2008. Characterization of Building-Related Construction and 

Demolition Debris in the United States. Report No. EPA530-R-98-010. Prairie Village, 

Kansas. http://www.epa.gov/epaoswer/hazwaste/sqg/c&d-rpt.pdf 

General Accounting Office. 2003. Freshwater Supply: States’ Views of How Federal 

Agencies Could Help Them Meet the Challenges of Expected Shortages. GAO-03-0514. 

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