Environmental Assessment for Final Rule, 10 CFR 433, “Energy 

Efficiency Standards for New Federal Commercial and Multi-Family 

High-Rise Residential Buildings” (DOE/EA-1918)

June 28, 2013

1
Environmental Assessment for Final Rule, 10 CFR 433, “Energy Efficiency 

Standards for New Federal Commercial and Multi-Family High-Rise Residential 

Buildings” 

(DOE/EA-1918)

SUMMARY

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

assessment (EA) for DOE’s Final Rule, 10 CFR Part 433, “Energy Efficiency Standards 

for New Federal Commercial and Multi-Family High-Rise Residential Buildings”. The 

Final Rule updates the baseline standard in 10 CFR 433 to the latest private sector 

standard based on cost-effectiveness and DOE’s determination that energy efficiency has 

been improved in these codes as required by 42 U.S.C 6831 et seq. DOE has previously 

published a final determination with regard to the comparison of American National 

Standards Institute (ANSI)/American Society of Heating, Refrigerating and AirConditioning Engineers, Inc. (ASHRAE)/Illuminating Engineering Society of North 

America (IESNA) Standard 90.1-2010 (90.1- 2010) to the prior version, ASHRAE 90.1-

2007. (76 FR 64904; October 19, 2011.) 

Section 305(a) of the Energy Conservation and Production Act (ECPA) requires 

that DOE establish by rule Federal building energy efficiency standards for all Federal 

commercial and multi-family high-rise residential buildings. EPCA requires DOE to 

establish by rule revised Federal building energy efficiency performance standards. (42 

U.S.C. 6834(a)(3)(A)) The revised standards must require, in part, that new Federal 

buildings be designed to achieve energy consumption levels that are at least 30 percent 

below the minimum standard referenced in Section 305(a)(2), if life-cycle cost-effective. 

(42 U.S.C. 6834(a)(3)(A)(i)(I)) The current reference standard for commercial and multifamily high-rise buildings is ANSI/ASHRAE/IESNA Standard 90.1-2007. In general, 

life-cycle cost-effective means the savings associated with the improved efficiency are 

greater than the associated costs. See 10 CFR Part 436. 

ECPA also requires that not later than 1-year after the date of approval of each 

subsequent revision of the ASHRAE Standard, DOE must determine whether to amend 

the Federal building standards with the revised voluntary standard based on the costeffectiveness of the revised voluntary standard (42 U.S.C. 6834(a)(3)(B)). The Final 

Rule is the result of DOE’s determination that the revised standards should be updated to 

reflect the amendments made in ASHRAE Standard 90.1-2010. 

DOE has previously issued standards for all new Federal commercial and multifamily high-rise residential (over three stories in height above ground) buildings pursuant 

to the requirements of ECPA, as amended. The Final Rule would update the current rule 

for commercial and multi-family high-rise residential buildings, 10 CFR 433 “Energy 

Efficiency Standards for New Federal Commercial and Multi-Family High-Rise 

Residential Buildings,” to replace ASHRAE Standard 90.1-2007 with the more energy 

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efficient ASHRAE Standard 90.1-2010. The Final Rule would make no other changes to 

the Federal Building Energy Efficiency Standards. 

The EA examines the potential incremental environmental impacts of the Final 

Rule on building habitability and the outdoor environment. To identify the potential 

environmental impacts that may result from implementing the Final Rule, DOE compared 

the Final Rule with the “no-action alternative” of using the minimum requirements of the 

previous version of the Federal standard – 10 CFR Part 433 (referred to as the “no-action 

alternative”). 

Building Habitability (Indoor Air) Impacts

The Final Rule would not change mechanical ventilation rates or affect sources of 

indoor air pollutants from the no-action alternative. For commercial and multi-family 

high-rise residential buildings, ASHRAE Standard 90.1-2010 does not require specific 

mechanical ventilation rates and the rule does not require any changes in mechanical 

ventilation rates. The Final Rule contains essentially the same requirements for sealing of 

the building envelope that have been in all previous versions of ASHRAE Standard 90.1. 

Accordingly, indoor air pollutant levels are not expected to increase under the Final Rule. 

Outdoor-Air Environmental Impacts

Table S-1 summarizes the estimated emissions impacts for each of the alternatives 

for the Federal building energy efficiency standard. It shows cumulative changes in 

emissions for CO2, NOx, mercury, and SO2 for 30 years of construction (2013 through 

2042) and 30 years of energy reduction for each building built during that period. 

Cumulative CO2, NOx, and mercury emissions are reduced compared to the Reference 

case for all alternatives. Emission reductions for SO2 are negligible. 

Table S-2 summarizes the estimated emissions impacts for six additional 

pollutants – methane, nitrous oxide (NO), halocarbons, carbon monoxide (CO), 

particulate matter (PM), and lead. It shows cumulative changes in emissions for a thirty 

year period for each of the alternatives. Cumulative emissions are reduced compared to 

the Reference case for all alternatives. Emissions impacts for all but methane are 

negligible. 

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Table S-1 Air Emissions Reductions in Metric Tons (30-Years of Commercial 

Construction)

Baseline 

(no-action 

alternative)

Final Rule- Code 

or Standard

Carbon 

Dioxide

Nitrogen 

Oxides

Mercury Sulfur 

Dioxide

ASHRAE 

90.1-2007

90.1-2010 89,888,200 91,851 1.2795 Negligible

10% below 90.1-

2010

126,091,100 128,857 1.7950 Negligible

20% below 90.1-

2010

162,293,900 165,864 2.3105 Negligible

30% below 90.1-

2010

198,496,800 202,870 2.8260 Negligible

40% below 90.1-

2010

234,699,600 239,876 3.3415 Negligible

50% below 90.1-

2010

270,902,400 276,882 3.8570 Negligible

30% Below 

ASHRAE 

90.1-2007

30% below 90.1-

2010

62,921,800 64,296 0.8957 Negligible

40% below 90.1-

2010

99,124,600 101,302 1.4112 Negligible

50% below 90.1-

2010

135,327,500 138,308 1.9267 Negligible

Table S-2 Other Air Emissions Reductions in Metric Tons (30-Years of Commercial 

Construction)

Baseline 

(no-action 

alternative)

Final Rule- Code or 

Standard

Methane Nitrous Oxide 

and 

Halocarbons

Carbon 

Monoxide, 

Particulate 

Matter, and 

Lead

ASHRAE 

90.1-2007

90.1-2010 996,011 Negligible Negligible

10% below 90.1-2010 1,397,236 Negligible Negligible

20% below 90.1-2010 1,798,462 Negligible Negligible

30% below 90.1-2010 2,199,687 Negligible Negligible

40% below 90.1-2010 2,600,913 Negligible Negligible

50% below 90.1-2010 3,002,138 Negligible Negligible

30% Below 

ASHRAE 

90.1-2007

30% below 90.1-2010 697,208 Negligible Negligible

40% below 90.1-2010 1,098,433 Negligible Negligible

50% below 90.1-2010 1,499,659 Negligible Negligible

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ABBREVIATIONS AND ACRONYMS

ANSI American National Standards Institute

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

Engineers, Inc. 

CAIR Clean Air Interstate Rule

CEQ Council on Environmental Quality

CFR Code of Federal Regulations

CH4 methane

CO2 carbon dioxide

CO carbon monoxide

D.C. District of Columbia

DOE Department of Energy

EA environmental assessment

ECPA Energy Conservation and Production Act

EGU electric generating unit

EPA Environmental Protection Agency

EUI Energy use intensity, kBtu/ft2-yr

FR Federal Register

ft

2 square feet

GHG greenhouse gas

HVAC heating, ventilation, and air conditioning

IPCC Intergovernmental Panel on Climate Change

IESNA Illuminating Engineering Society of North America

kBtu one thousand British thermal units

NAS National Academy of Sciences

NEPA National Environmental Policy Act of 1969

NESHAP national emissions standards for hazardous air pollutants

N2O nitrous oxide

NO2 nitrogen dioxide

NOx nitrogen oxide

NRC National Research Council

O3 ozone

PM particulate matter

SO2 sulfur dioxide

SOx sulfur oxide gases

UNEP United Nations Environment Programme

U.S.C. United States Code

VOC volatile organic compounds

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CONTENTS

SUMMARY........................................................................................................................ 2

ABBREVIATIONS AND ACRONYMS........................................................................... 5

1 PURPOSE AND NEED FOR AGENCY ACTION................................................... 8

2 THE FINAL RULE AND ALTERNATIVES............................................................ 9

2.1 Commercial and Multi-Family High-Rise Residential Buildings........................ 9

2.1.1 No-Action Alternative One – Standard 90.1-2007 ........................................... 9

2.1.2 No-Action Alternative Two - 30 Percent Better than Standard 90.1-2007....... 9

3 DESCRIPTION OF THE AFFECTED ENVIRONMENT...................................... 10

3.1 Indoor Habitability ............................................................................................. 10

3.2 Outdoor Air ........................................................................................................ 13

3.2.1 Air Emissions Descriptions and Regulation .................................................. 13

3.2.2 Global Climate Change ........................................................................... 17

4 CALCULATING ENERGY SAVINGS BY BUILDING TYPE............................. 20

4.1 Commercial and Multi-Family High-Rise Residential Buildings...................... 20

4.1.1 Commercial Building Types Used to Estimate Energy Savings .................... 20

5 ENVIRONMENTAL IMPACTS.............................................................................. 22

5.1 Commercial and Multi-Family High-Rise Residential.......................................... 22

5.1.1 Building Habitability (Indoor-Air) Impacts.................................................... 22

5.1.2 Outdoor Air..................................................................................................... 22

5.2 Environmental Justice and Other Impacts ............................................................. 26

6 AGENCIES AND PERSON CONSULTED DURING THIS RULEMAKING....... 27

7 REFERENCES ......................................................................................................... 28

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TABLES

Table 1 Indoor-Air Emissions.......................................................................................... 11

Table 2 Estimated Floor Area Fraction of New Federal Commercial Building 

Construction...................................................................................................................... 20

Table 3 Annual Energy Savings (kBtu/ft2-yr) of Final Rule Compared to No-Action 

Alternative......................................................................................................................... 21

Table 4 Air Emissions Reductions in Metric Tons (Year 1 of Commercial Construction)

........................................................................................................................................... 23

Table 5 Air Emissions Reductions in Metric Tons (30-Years of Commercial 

Construction)..................................................................................................................... 24

Table 6 Other Air Emissions Reductions in Metric Tons (Year 1 of Commercial 

Construction)..................................................................................................................... 25

Table 7 Other Air Emissions Reductions in Metric Tons (30-Years of Commercial 

Construction)..................................................................................................................... 26

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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 National Environmental Policy Act (NEPA) (10 CFR Part 1021).

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

DOE to establish building energy efficiency standards for all new Federal buildings. 

(42 U.S.C. 6834) Section 305(a)(1) requires standards that contain energy efficiency 

measures that are technologically feasible and economically justified but, at a minimum, 

require the subject buildings to meet the energy saving and renewable energy 

specifications in the applicable voluntary consensus energy code specified in Section 

305(a)(2) (42 U.S.C. 6834(a)(1) and (2)). 

Section 305 of ECPA also requires that “Not later than one-year after the date of 

approval of each subsequent revision of the ASHRAE Standard or the IECC, as 

appropriate, the Secretary shall determine, based on the cost-effectiveness of the 

requirements under the amendment, whether the revised standards established under this 

paragraph should be updated to reflect the amendment.” (42 USC 6834(a)(3)(B)).

The Final Rule is the result of DOE’s determination that the revised standards 

should be updated to reflect the amendments made in the ASHRAE Standard 90.1-2010

based on the cost-effectiveness of the latest private sector standards and DOE’s 

determinations as to the energy efficiency improvements of ANSI/ASHRAE/IESNA 

Standard 90.1-2010 as required by Title III of ECPA, which establishes requirements for 

the Building Energy Efficiency Standards Program (42 U.S.C. 6831 et seq.). Prior to 

today’s Final Rule, DOE reviewed ASHRAE Standard 90.1 for DOE’s state building 

codes program and determined that the 2010 version of ASHRAE Standard 90.1 would 

achieve greater energy efficiency than the prior version. This determination was subject 

to notice and comment. See 76 FR 43298 (July 20, 2011). 

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2 THE FINAL RULE AND ALTERNATIVES

Section 2.1 describes the Final Rule and the no-action alternatives for commercial 

and multi-family high-rise residential buildings.

2.1 Commercial and Multi-Family High-Rise Residential Buildings

The potential environmental impacts that would result from implementing the 

Final Rule for new Federal commercial buildings and multi-family high-rise residential 

buildings (over three stories in height and containing three or more dwelling units) were 

examined by comparing the Final Rule with the minimum that Federal agencies must 

achieve under the existing 10 CFR Part 433, ASHRAE Standard 90.1-2007. The Final 

Rule was also compared with a level of energy efficiency 30 percent better than Standard 

90.1-2007, because the existing 10 CFR Part 433 requires buildings to be at least 30

percent better than Standard 90.1-2007 if life-cycle cost-effective. 

The proposed action is the Final Rule, which would update the baseline standard 

to ASHRAE Standard 90.1-2010. This new baseline is compared against two alternative, 

"No-Action" scenarios.

2.1.1 No-Action Alternative One – Standard 90.1-2007

The first no-action alternative is defined as the use of Standard 90.1-2007, as 

required by the current 10 CFR Part 433. This standard establishes the minimum level of 

energy savings that Federal agencies should achieve under the current Federal 

commercial standard. 10 CFR Part 433 incorporates by reference design, and 

performance-based energy efficiency requirements for building envelope; heating, 

ventilation, and air-conditioning (HVAC) systems and equipment; service water heating 

systems and equipment; electrical distribution systems and equipment for electric power; 

and lighting. 

2.1.2 No-Action Alternative Two - 30 Percent Better than Standard 90.1-2007

The second no-action alternative is defined as a level of energy efficiency 30

percent better than Standard 90.1-2007. Although the second no-action alternative is not 

explicitly required, 10 CFR Part 433 does require new Federal buildings to achieve a 

level of energy consumption 30 percent below Standard 90.1-2007 if that level is lifecycle cost-effective. 

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3 DESCRIPTION OF THE AFFECTED ENVIRONMENT 

The Final Rule would establish requirements that may impact building 

habitability (indoor environment), the outdoor environment, and the Federal agencies that 

procure commercial and residential buildings. Section 3.1 addresses air emissions that 

can affect indoor-air quality and related human health effects. Section 3.2 addresses air 

emissions in the outdoor environment. 

3.1 Indoor Habitability 

Energy efficiency codes can potentially affect indoor-air quality, either adversely 

or beneficially. 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.

Building energy code requirements could influence the concentration levels of 

indoor-air emissions in several ways. First, they could increase or decrease the 

ventilation and/or infiltration of fresh air from outdoors, which generally could reduce or 

increase indoor-generated pollutant concentration levels, respectively. The Final Rule 

would not change ventilation or infiltration relative to the no-action alternatives for 

commercial and high-rise multi-family residential buildings. Standard 90.1-2010 does 

provide an expanded list of potential openings to be sealed and new requirements for air 

barriers. However, Standard 90.1-2010 and the previous version both require all 

openings in the building envelope to be sealed. (See Standard 90.1-2007, Section 5.4.3.1 

Building Envelope Sealing, and Standard 90.1-2010, Section 5.4.3.1 Continuous Air 

Barrier.) Therefore, there should be no impact on overall building infiltration from use of 

Standard 90.1-2010. Additionally, Standard 90.1-2010 continues to reference ASHRAE 

Standard 62.1, which specifies minimum amounts of outdoor air that are to be 

provided. In specifying the minimum amounts of outdoor air to be provided, ASHRAE 

Standard 62.1 does not consider any air leakage through the building envelope. 

Second, requirements in energy efficiency codes have the potential to impact 

internally generated indoor emissions by changing the materials or equipment used 

within the buildings. Various emissions can be continuously or intermittently released 

within commercial and residential 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. 

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

concern within buildings.

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 DioxideAn 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 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.

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 

because 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 Environmental Protection Agency 

(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 health 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).

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). 

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3.2 Outdoor Air

The Final Rule would reduce energy consumption, and therefore, impact pollutant 

emissions associated with energy consumption. 

3.2.1 Air Emissions Descriptions and Regulation

This analysis first considers three air pollutants: sulfur dioxide (SO2), nitrogen oxides 

(NOX), and mercury (Hg). An air pollutant is any substance in the air that can cause harm 

to humans or the environment. Pollutants may take the form of solid particles (i.e., 

particulates or particulate matter), liquid droplets, or gases.

1 DOE’s analysis also 

considers carbon dioxide (CO2), which is of interest because of its classification as a 

greenhouse gas (GHG). Seven additional pollutants – methane, nitrous oxide, 

halocarbons, carbon monoxide, particulate matter, and lead – are also analyzed. 

Carbon Dioxide. Carbon dioxide (CO2) is of interest because of its classification 

as a greenhouse gas (GHG). GHGs trap the sun’s radiation inside the Earth’s atmosphere 

and either occur naturally in the atmosphere or result from human activities. Naturally 

occurring GHGs include water vapor, CO2, methane (CH4), nitrous oxide (N2O), and 

ozone (O3). Human activities, however, add to the levels of most of these naturally 

occurring gases. For example, CO2 is emitted to the atmosphere when solid waste, fossil 

fuels (oil, natural gas, and coal), wood, and wood products are burned. In 2007, over 90 

percent of anthropogenic (i.e., human-made) CO2 emissions resulted from burning fossil 

fuels (EPA 2009).

Concentrations of CO2 in the atmosphere are naturally regulated by numerous 

processes, collectively known as the “carbon cycle.” The movement of carbon between 

the atmosphere and the land and oceans is dominated by natural processes, such as plant 

photosynthesis. While these natural processes can absorb some of the anthropogenic CO2

emissions produced each year, billions of metric tons are added to the atmosphere 

annually. In the United States, in 2007, CO2 emissions from electricity generation 

accounted for 39 percent of total U.S. GHG emissions.

2

Nitrogen Oxides. Nitrogen oxides, or NOx, is the generic term for a group of 

highly reactive gases, all of which contain nitrogen and oxygen in varying amounts. 

Many of the nitrogen oxides are colorless and odorless. However, one common pollutant, 

nitrogen dioxide (NO2), along with particles in the air can often be seen as a reddishbrown layer over many urban areas. NO2 is the specific form of NOx reported in this 

document. NOx is one of the main ingredients involved in the formation of ground-level 

ozone, which can trigger serious respiratory problems. It can contribute to the formation 

1 More information on air pollution characteristics and regulations is available on EPA’s website at 

www.epa.gov.

2 IPCC Working Group 3, Table TS2.

13

 
of acid rain, and can impair visibility in areas such as national parks. NOx also 

contributes to the formation of fine particles that can impair human health (EPA 2011b). 

Nitrogen oxides form when fossil fuel is burned at high temperatures, as in a 

combustion process. The primary manmade sources of NOx are motor vehicles, electric 

utilities, and other industrial, commercial, and residential sources that burn fossil fuels. 

NOx can also be formed naturally. Electric utilities account for about 22 percent of NOx

emissions in the United States.

Mercury. Coal-fired power plants emit mercury (Hg) found in coal during the 

burning process. Coal-fired power plants are the largest remaining source of humangenerated Hg emissions in the United States (EPA 2011c). U.S. coal-fired power plants 

emit Hg in three different forms: oxidized Hg (likely to deposit within the United States); 

elemental Hg, which can travel thousands of miles before depositing to land and water; 

and Hg that is in particulate form. Atmospheric Hg is then deposited on land, lakes, 

rivers, and estuaries through rain, snow, and dry deposition. Once there, it can transform 

into methylmercury and accumulate in fish tissue through bioaccumulation. 

Americans are exposed to methylmercury primarily by eating contaminated fish. 

Because the developing fetus is the most sensitive to the toxic effects of methylmercury, 

women of childbearing age are regarded as the population of greatest concern. Children 

exposed to methylmercury before birth may be at increased risk of poor performance on 

neurobehavioral tasks, such as those measuring attention, fine motor function, language 

skills, visual-spatial abilities, and verbal memory (Trasande et al. 2006).

Sulfur Dioxide. Sulfur dioxide, or SO2, belongs to the family of sulfur oxide 

gases (SOx). These gases dissolve easily in water. Sulfur is prevalent in all raw materials, 

including crude oil, coal, and ore that contains common metals like aluminum, copper, 

zinc, lead, and iron. SOx gases are formed when fuel containing sulfur, such as coal and 

oil, is burned, and when gasoline is extracted from oil or metals are extracted from ore. 

SO2 dissolves in water vapor to form acid, and interacts with other gases and particles in 

the air to form sulfates and other products that can be harmful to people and their 

environment (EPA 2011a).

Methane. Methane emissions are primarily from human-related sources, not 

natural sources. U.S. methane emissions are from three categories of sources, each 

accounting for about one-third of total emissions: (1) energy sources, (2) emissions from 

domestic livestock, and (3) decomposition of solid waste in landfills. The methane 

emitted from energy sources occurs primarily during the production and processing of 

natural gas, coal, and oil; not in the actual use (combustion) of these fuels. Methane is 

the primary ingredient in natural gas, and production, processing, storage, and 

transmission of natural gas account for 56 percent of the energy source emissions (or 25 

percent of all methane emissions). (DOE 2005)

Nitrous Oxide. Nitrous oxide emission rates are more uncertain than those for 

CO2 and methane, with nitrogen fertilization of agricultural soils being the primary 

14
human-related source. Fuel combustion is also a source of nitrous oxide; however, in the 

commercial and residential sector total emissions are a negligible amount of all U.S. 

emissions. (DOE 2005)

Halocarbons and Other Gases. One group of human-made greenhouse gases 

consists of halocarbons and other engineered gases not usually found in nature. Three of 

these gases are hydrofluorocarbons (HFC), perfluorocarbons (PFC), and sulfur 

hexafluoride (SF6). HFCs are compounds containing carbon, hydrogen, and fluorine. 

HFCs do not reach the stratosphere to destroy ozone so are, therefore, considered more 

environmentally benign than ozone-depleting substances such as chlorofluoro-carbons 

(CFCs), even though HFCs are greenhouse gases. HFCs are used as refrigerants and are 

becoming more common as ozone-depleting refrigerants are phased out. PFCs are 

compounds containing carbon and fluorine. PFC emissions result as a byproduct of 

aluminum smelting and semiconductor manufacturing. SF6 is used an insulator for 

electric equipment. Energy used in buildings contributes a negligible amount of 

emissions of these greenhouse gases. (DOE 2005)

Carbon Monoxide. The main source of CO is the incomplete burning of fossil 

fuels such as gasoline. Exhaust from ‘highway vehicles’ contributes about 55 percent of 

all CO emissions. The CO produced from energy use related to buildings is 3 percent of 

all emissions, but most of this is from wood burning in residential buildings, which 

should not be impacted by these rules. 0.7% of CO emissions come from fuel 

combustion for electrical generation by utilities. (EPA 2007)

Particulate Matter. Particulate matter (PM), also known as particle pollution, is a 

complex mixture of extremely small particles and liquid droplets. Particle pollution is 

made up of a number of components, including acids (such as nitrates and sulfates), 

organic chemicals, metals, and soil or dust particles.

PM impacts are of concern due to human exposures that can impact health. 

Particle pollution - especially fine particles - contains microscopic solids or liquid 

droplets that are so small that they can get deep into the lungs and cause serious health 

problems. Numerous scientific studies have linked particle pollution exposure to a variety 

of problems, including: increased respiratory symptoms, such as irritation of the airways, 

coughing, or difficulty breathing, for example; decreased lung function; aggravated 

asthma; development of chronic bronchitis; irregular heartbeat; nonfatal heart attacks; 

and premature death in people with heart or lung disease.

Power plant emissions can have either direct or indirect impacts on PM. A portion 

of the pollutants emitted by a power plant are in the form of particulates as they leave the 

smoke stack. These are direct, or primary, PM emissions. However, the great majority of 

PM emissions associated with power plants are in the form of secondary sulfates, which 

are produced at a significant distance from power plants by complex atmospheric 

chemical reactions that often involve the gaseous (non-particulate) emissions of power 

plants, mainly SO2 and NOx. The quantity of the secondary sulfates produced is 

determined by a very complex set of factors including the atmospheric quantities of SO2

15
and NOx, and other atmospheric constituents and conditions. Because these highly 

complex chemical reactions produce PM comprised of different constituents from 

different sources, EPA does not distinguish direct PM emissions from power plants from 

the secondary sulfate particulates in its ambient air quality requirements, PM monitoring 

of ambient air quality, or PM emissions inventories. Further, as described below, it is 

uncertain whether efficiency standards will result in a net decrease in power plant 

emissions of SO2, and of NOx in many states because those pollutants are now largely 

regulated by cap and trade systems. For these reasons, it is not currently possible to 

determine how the standards impact either direct or indirect PM emissions.

Lead Exposure to lead can cause a variety of health problems. Lead can 

adversely affect the brain, kidneys, liver, nervous system, and other organs. Today, 

metals processing is the major source of lead emissions to the atmosphere. Combustion 

from electric utilities is less than 2 percent of all lead emissions, with most of the 

combustion emissions are from coal, not natural gas or oil. Lead emissions directly from 

buildings are a negligible share of national total emissions (EPA 2001). 

Air Quality Regulation. The Clean Air Act Amendments of 1990 list 188 toxic 

air pollutants that EPA is required to control (EPA 1990). EPA has set national air quality 

standards for six common pollutants (also referred to as “criteria” pollutants), two of 

which are SO2 and NOX. Also, the Clean Air Act Amendments of 1990 gave EPA the 

authority to control acidification and to require operators of electric power plants to 

reduce emissions of SO2 and NOX. Title IV of the 1990 amendments established a capand-trade program for SO2, in all 50 states and the District of Columbia (D.C.), intended 

to help control acid rain.

3 This cap-and-trade program serves as a model for more recent 

programs with similar features.

In 2005, EPA issued the Clean Air Interstate Rule (CAIR) under sections 110 and 

111 of the Clean Air Act (40 CFR Parts 51, 96, and 97)

4 70 FR 25162–25405 (May 12, 

2005). CAIR limited emissions from 28 eastern States and D.C. by capping emissions 

and creating an allowance-based trading program. Although, CAIR was remanded to 

EPA by the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit), 

(see North Carolina v. EPA, 550 F.3d 1176 (D.C. Cir. 2008),) it remained in effect

temporarily, consistent with the D.C. Circuit’s earlier opinion in North Carolina v. EPA, 

531 F.3d 896 (D.C. Cir. 2008). 

On July 6, 2011, EPA promulgated a replacement for CAIR, entitled “Federal 

Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and 

Correction of SIP Approvals,” but commonly referred to as the Cross-State Air Pollution 

Rule or the Transport Rule. 76 FR 48208 (Aug. 8, 2011). On December 30, 2011, 

3 In contrast to the modeling forecasts of NEMS-BT that SO2 emissions will remain at the cap, during the 

years 2007 and 2008, SO2 emissions were below the trading cap. This raises the possibility that 

standards would cause some reduction in SO2 emissions. However, because DOE does not have a 

method to predict when emissions will be below the trading cap, it continues to rely on NEMS-BT and 

thus does not estimate SO2 emissions reductions at this time.

4 See http://www.epa.gov/cleanairinterstaterule/.

16

 
however, the D.C. Circuit stayed the new rules while a panel of judges reviews them, and

told EPA to continue enforcing CAIR (see EME Homer City Generation v. EPA, No. 11-

1302, Order at *2 (D.C. Cir. Dec. 30, 2011)).

At the time the analysis was performed following the update to ASHRAE 90.1, 

EPA had issued national emissions standards for hazardous air pollutants (NESHAPs) for 

mercury and certain other pollutants emitted from coal and oil-fired electric generating 

units (EGUs). (77 FR 9304; February, 16, 2012.) The NESHAPs do not include 

emissions caps and, as such, DOE’s energy conservation standards would likely reduce 

Hg emissions.

3.2.2 Global Climate Change 

Climate change has evolved into a matter of global concern because it is expected 

to have widespread, adverse effects on natural resources and systems. A growing body of 

evidence points to anthropogenic sources of greenhouse gases, such as carbon dioxide 

(CO2), as major contributors to climate change. Because this rule will likely decrease 

CO2 emission rates from the fossil fuel sector in the United States, the Department here 

examines the impacts and causes of climate change. 

Impacts of Climate Change on the Environment. Climate is usually defined as 

the average weather, over a period ranging from months to many years. Climate change 

refers to a change in the state of the climate, which is identifiable through changes in the 

mean and/or the variability of its properties (e.g., temperature or precipitation) over an 

extended period, typically decades or longer. 

The World Meteorological Organization and United Nations Environment 

Programme (UNEP) established the Intergovernmental Panel on Climate Change (IPCC) 

to provide an objective source of information about climate change. According to the 

IPCC Fourth Assessment Report (IPCC Report), published in 2007, climate change is 

consistent with observed changes to the world’s natural systems; the IPCC expects these 

changes to continue (IPCC WGI 2007a).

Changes that are consistent with warming include warming of the world’s oceans 

to a depth of 3000 meters; global average sea level rise at an average rate of 1.8 mm per 

year from 1961 to 2003; loss of annual average Arctic sea ice at a rate of 2.7 percent per 

decade, changes in wind patterns that affect extra-tropical storm tracks and temperature 

patterns, increases in intense precipitation in some parts of the world, as well as increased 

drought and more frequent heat waves in many locations worldwide, and numerous 

ecological changes. (IPCC WGI 2007b)

Looking forward, the IPCC describes continued global warming of about 0.2°C 

per decade for the next 2 decades under a wide range of emission scenarios for carbon 

dioxide (CO2), other greenhouse gases (GHGs), and aerosols. After that period, the rate 

of increase is less certain. The IPCC Report describes increases in average global 

17
temperatures of about 1.1°C to 6.4°C at the end of the century relative to today. These 

increases vary depending on the model and emissions scenarios. (IPCC WGI 2007b)

The IPCC Report describes incremental impacts associated with the rise in 

temperature. At ranges of incremental increases to the global average temperature, IPCC 

reports, with either high or very high confidence, that there is likely to be an increasing 

degree of impacts such as coral reef bleaching, loss of wildlife habitat, loss of specific 

ecosystems, and negative yield impacts for major cereal crops in the tropics, but also 

projects that there likely will be some beneficial impacts on crop yields in temperate 

regions. 

Causes of Climate Change. The IPCC Report states that the world has warmed 

by about 0.74°C in the last 100 years. The IPCC Report finds that most of the 

temperature increase since the mid-20th century is very likely caused by the increase in 

anthropogenic concentrations of CO2 and other long-lived greenhouse gases such as 

methane and nitrous oxide in the atmosphere, rather than from natural causes. 

Increasing the CO2 concentration partially blocks the Earth’s re-radiation of 

captured solar energy in the infrared band, inhibits the radiant cooling of the Earth, and 

thereby alters the energy balance of the planet, which gradually increases its average 

temperature. The IPCC Report estimates that currently, CO2 makes up about 77 percent 

of the total CO2-equivalent5 global warming potential in GHGs emitted from human 

activities, with the vast majority (74 percent) of the CO2 attributable to fossil fuel use

(IPCC 2007b). For the future, the IPCC Report describes a wide range of GHG emissions 

scenarios, but under each scenario CO2 would continue to comprise above 70 percent of 

the total global warming potential. (IPCC 2000)

Stabilization of CO2 Concentrations. Unlike many traditional air pollutants, CO2 

mixes thoroughly in the entire atmosphere and is long-lived. The residence time of CO2 in 

the atmosphere is long compared to the emission processes. Therefore, the global 

cumulative emissions of CO2 over long periods determine CO2 concentrations because it 

takes hundreds of years for natural processes to remove the CO2. Globally, 49 billion 

metric tons of CO2 –equivalent of anthropogenic (man-made) greenhouse gases are 

emitted every year.

6 Of this annual total, fossil fuels contribute about 29 billion metric 

tons of CO2 (IPCC 2000).

Researchers have focused on considering atmospheric CO2 concentrations that 

likely will result in some level of global climate stabilization, and the emission rates 

associated with achieving the “stabilizing” concentrations by particular dates. They 

5 GHGs differ in their warming influence (radiative forcing) on a global climate system due to their 

different radiative properties and lifetimes in the atmosphere. These warming influences may be expressed 

through a common metric based on the radiative forcing of CO2, i.e., CO2-equivalent. CO2 equivalent 

emission is the amount of CO2 emission that would cause the same- time integrated radiative forcing, over 

a given time horizon, as an emitted amount of other long- lived GHG or mixture of GHGs.

6 Other non-fossil fuel contributors include CO2 emissions from deforestation and decay from agriculture 

biomass; agricultural and industrial emissions of methane; and emissions of nitrous oxide and 

fluorocarbons.

18

 
associate these stabilized CO2 concentrations with temperature increases that plateau in a 

defined range. For example, at the low end, the IPCC Report scenarios target CO2 

stabilized concentrations range between 350 ppm and 400 ppm (essentially today’s 

value)—because of climate inertia, concentrations in this low-end range would still result 

in temperatures projected to increase 2.0°C to 2.4°C above pre-industrial levels7 (about 

1.3 °C to 1.7 °C above today’s levels). To achieve concentrations between 350 ppm to 

400 ppm, the IPCC scenarios present that there would have to be a rapid downward trend 

in total annual global emissions of greenhouse gases to levels that are 50 to 85 percent 

below today’s annual emission rates by no later than 2050. Because it is assumed that 

there would continue to be growth in global population and substantial increases in 

economic production, the scenarios identify required reductions in greenhouse gas 

emissions intensity (emissions per unit of output) of more than 90 percent. However, 

even at these rates, the scenarios describe some warming and some climate change is 

projected because of already accumulated CO2 and GHGs in the atmosphere (IPCC 

2007c).

It is difficult to correlate specific emission rates with atmospheric concentrations 

of CO2 and specific atmospheric concentrations with future temperatures because the 

IPCC Report describes a clear lag in the climate system between any given concentration 

of CO2 (even if maintained for long periods) and the subsequent average worldwide and 

regional temperature, precipitation, and extreme weather regimes. For example, a major 

determinant of climate response is “equilibrium climate sensitivity”, a measure of the 

climate system response to sustained radiative forcing. It is defined as the global average 

surface warming following a doubling of carbon dioxide concentrations. The IPCC 

Report describes its estimated, numeric value as about 3°C, but the likely range of that 

value is 2°C to 4.5°C, with cloud feedbacks the largest source of uncertainty. Further, as 

illustrated above, the IPCC Report scenarios for stabilization rates are presented in terms 

of a range of concentrations, which then correlates to a range of temperature changes. 

Thus, climate sensitivity is a key uncertainty for CO2 mitigation scenarios that aim to 

meet specific temperature levels. 

7 IPCC Working Group 3, Table TS 2.

19

 
4 CALCULATING ENERGY SAVINGS BY BUILDING TYPE

4.1 Commercial and Multi-Family High-Rise Residential Buildings

To compare estimated outdoor emissions, it is necessary to determine differences 

in building energy use by fuel type. This section provides the differences in potential 

building energy use that may result from implementing the Final Rule, which is evaluated 

at the ASHRAE Standard 90.1-2010 level, as well as increments of 10 percent increases

in energy efficiency, up to 50 percent better than 90.1-2010. These values are then 

compared to the no-action alternatives, which are ASHRAE Standard 90.1-2007 and 30 

percent below 90.1-2007. The Final Rule energy savings were assessed for five common 

buildings types in 15 cities, representing 15 climate regions within the United States. 

Energy savings from the Final Rule were estimated using the EnergyPlus whole building 

energy simulation program (DOE 2010b). Assumptions used in this analysis are 

described below.

4.1.1 Commercial Building Types Used to Estimate Energy Savings 

GSA data was used to find the distribution of existing Federal building types (GSA 

2008, GSA 2009). It was assumed that new Federal construction would have a similar 

distribution between building types. Several less common buildings types were put in the 

office category because they were not easily characterized or modeled and their usepatterns are likely similar to those of office buildings. The distribution shown in Table 2 

was used for new Federal construction.

Table 2 Estimated Floor Area Fraction of New Federal Commercial Building 

Construction

Building Type Estimated Fraction of Floor Space

Office 63%

Education/Training 8%

Dormitory Barracks 9%

Warehouse 15%

Hospital 4%

Office and education/training buildings were further subdivided into several 

common building types: small offices, medium offices, large offices, primary education, 

and secondary education. The distribution of building floor space within these 

20
subcategories was assumed to be the same as national building stock. 8

A total of 22

million square feet of new Federal buildings are assumed to be constructed each year.

Table 3 shows the national average energy savings in terms of energy use 

intensity (EUI) from the Final Rule by building and fuel type. The table compares 

various levels of increased efficiency (reduced EUI) against two "No-Action" baselines 

as described in Section 2. EUI is the energy consumed by a building per square foot per 

year. The national average EUIs were calculated using a weighted average of EUIs for 

the types of buildings that the Federal Government is expected to construct shown in 

Table 2. Site energy includes energy used only at the building site. Source energy 

includes energy used at the building site and energy lost in producing and delivering the 

energy to the site. The total source EUI savings for the combined average building 

indicates the total energy savings averaged across the five building types using the 

percent distribution given above. 

Table 3 Annual Energy Savings (kBtu/ft2

-yr) of Final Rule Compared to No-Action 

Alternative

Baseline 

(no-action 

alternative)

Final Rule- Code or 

Standard

Site Energy 

Breakdown Total

Gas EUI 

(kBtu/ 

ft2-yr)

Electric 

EUI 

(kBtu/ 

ft2-yr)

Site EUI 

(kBtu/ 

ft2-yr)

Source 

EUI 

(kBtu/ 

ft2-yr)

ASHRAE 

90.1-2007

90.1-2010 1.7 7.6 9.3 26.2

10% below 90.1-2010 2.4 10.7 13.1 36.8

20% below 90.1-2010 3.1 13.8 16.8 47.3

30% below 90.1-2010 3.7 16.8 20.6 57.9

40% below 90.1-2010 4.4 19.9 24.3 68.5

50% below 90.1-2010 5.1 23.0 28.0 79.0

30% Below 

ASHRAE 

90.1-2007

30% below 90.1-2010 1.2 5.3 6.5 18.3

40% below 90.1-2010 1.9 8.4 10.3 28.9

50% below 90.1-2010 2.5 11.5 14.0 39.5

8 The 2011 Annual Energy Outlook projects approximately 2.2 billion square feet of commercial floor 

space will be added annually to the U.S. building stock (http://www.eia.gov/forecasts/aeo/). Since 

Federal buildings represent about 1 percent of total U.S. building stock, about 22 million square feet of 

new Federal buildings are added each year. 

21

 
5 ENVIRONMENTAL IMPACTS

5.1 Commercial and Multi-Family High-Rise Residential 

This section provides the potential environmental impacts that may result from 

implementing the Final Rule, which is evaluated at the ASHRAE Standard 90.1-2010

level, as well as increments of 10 percent increases in energy efficiency, up to 50 percent

better than 90.1-2010. These values are then compared to the no-action alternatives, 

which are ASHRAE Standard 90.1-2007 and 30 percent below 90.1-2007. 

5.1.1 Building Habitability (Indoor-Air) Impacts

The Final Rule would not change mechanical ventilation rates or affect sources of 

indoor-air pollutants from the no-action alternative. For commercial and multi-family 

high-rise residential buildings, ASHRAE Standard 90.1-2010 does not require specific 

mechanical ventilation rates and the Final Rule does not require any changes in 

mechanical ventilation rates. The Final Rule contains essentially the same requirements 

for sealing of the building envelope that have been in all previous versions of ASHRAE 

Standard 90.1. Accordingly, indoor-air pollutant levels are not expected to increase 

under the Final Rule. 

5.1.2 Outdoor Air

In general, under all the alternatives examined in this EA, carbon dioxide, 

nitrogen oxides, and mercury emissions would be reduced because more energy efficient 

buildings consume less fossil fuels. The emissions reductions described in this section 

represent the annual savings from only 1 year of Federal commercial building 

construction (22 million ft2

) and over an arbitrary 30-year time period.

Electricity production ultimately used in Federal commercial buildings is assumed 

to have the same distribution of fuel/energy sources (e.g., coal, nuclear) as overall 

national electricity production. The emissions coefficients were calculated using data 

from the EIA’s Electric Power Annual (DOE 2010a). 

 

Table 4 shows the estimated first-year reduction in emissions for one year of 

Federal construction. 

22
Table 4 Air Emissions Reductions in Metric Tons (Year 1 of Commercial Construction)

Baseline 

(no-action 

alternative)

Final RuleCode or 

Standard

Carbon 

Dioxide

Nitrogen 

Oxides

Mercury Sulfur Dioxide

ASHRAE 

90.1-2007

90.1-2010 99,876 102 0.00142 Negligible

10% below 

90.1-2010

140,101 143 0.00199 Negligible

20% below 

90.1-2010

180,327 184 0.00257 Negligible

30% below 

90.1-2010

220,552 225 0.00314 Negligible

40% below 

90.1-2010

260,777 267 0.00371 Negligible

50% below 

90.1-2010

301,003 308 0.00429 Negligible

30% 

Below 

ASHRAE 

90.1-2007

30% below 

90.1-2010

69,913 71 0.00100 Negligible

40% below 

90.1-2007

110,138 113 0.00157 Negligible

50% below 

90.1-2007

150,364 154 0.00214 Negligible

As can be seen from Table 4, if buildings meets the new minimum requirement 

rather than the previous requirement (ASHRAE Standard 90.1-2010 versus 90.1-2007), 

an estimated 99,876 metric tons of carbon dioxide emission will be eliminated in the first 

year of the Final Rule for the estimated 22 million ft2 of new construction. These 

emission reductions compare to 5,835 million metric tons of total carbon dioxide 

emissions for the U.S. in 2008 (DOE 2010a), or about one-half of one-thousandth of 1

percent of the national total.

23
Estimated reductions for 30 years of construction (2013 through 2042) and 30 

years of energy reduction for each building built during that period are shown in Table 5. 

Table 5 Air Emissions Reductions in Metric Tons (30-Years of Commercial 

Construction)

Baseline 

(no-action 

alternative)

Final Rule- Code or 

Standard

Carbon 

Dioxide

Nitrogen 

Oxides

Mercury Sulfur 

Dioxide

ASHRAE 

90.1-2007

90.1-2010 89,888,200 91,851 1.2795 Negligible

10% below 90.1-

2010

126,091,100 128,857 1.7950 Negligible

20% below 90.1-

2010

162,293,900 165,864 2.3105 Negligible

30% below 90.1-

2010

198,496,800 202,870 2.8260 Negligible

40% below 90.1-

2010

234,699,600 239,876 3.3415 Negligible

50% below 90.1-

2010

270,902,400 276,882 3.8570 Negligible

30% Below 

ASHRAE 

90.1-2007

30% below 90.1-

2010

62,921,800 64,296 0.8957 Negligible

40% below 90.1-

2010

99,124,600 101,302 1.4112 Negligible

50% below 90.1-

2010

135,327,500 138,308 1.9267 Negligible

SO2 emissions were also considered in this analysis. SO2 emissions from affected 

electric generating units (EGUs) are subject to nationwide and regional emissions cap and 

trading programs, which create uncertainty about the impact of energy efficiency 

standards on SO2 emissions. The attainment of emissions caps is typically flexible among 

EGUs and is enforced through the use of emissions allowances and tradable permits. 

Under EPA regulations in place at the time this analysis was performed following the 

update to ASHRAE 90.1, any excess SO2 emissions allowances resulting from the lower 

electricity demand caused by the imposition of an efficiency standard could be used to 

permit offsetting increases in SO2 emissions by any regulated EGU. However, if the 

standard resulted in a permanent increase in the quantity of unused emissions allowances, 

there would be an overall reduction in SO2 emissions from the standards. While there 

remains some uncertainty about the ultimate effects of efficiency standards on SO2

emissions covered by the existing cap and trade system, the National Energy Modeling 

System (NEMS) [NEMS 2003] model that DOE uses to forecast emissions reductions for 

many other analyses indicates that no physical reductions in power sector emissions 

would occur for SO2. Therefore, no reductions in SO2 emissions are assumed for this 

analysis. 

24
Again, at the time this analysis was performed following the update to ASHRAE 

90.1, the CAIR established a cap on NOx emissions in 28 eastern states and the District of 

Columbia. All these states and D.C. have elected to reduce their NOx emissions by 

participating in cap-and-trade programs for EGUs. Therefore, energy conservation 

standards may have little or no physical effect on these emissions in the 28 eastern states 

and D.C. for the same reasons that they may have little or no effect on SO2 emissions. 

DOE also considered the emission impacts for methane, nitrous oxide, 

halocarbons, carbon monoxide, particulate matter, and lead. Tables 6 and 7 show the 

one-year and 30-year cumulative air emission reductions for these pollutants. All 

alternatives show savings over the baseline. 

Table 6 Other Air Emissions Reductions in Metric Tons (Year 1 of Commercial 

Construction)

Baseline 

(no-action 

alternative)

Final Rule- Code or 

Standard

Methane Nitrous Oxide 

and 

Halocarbons

Carbon 

Monoxide, 

Particulate 

Matter, and 

Lead

ASHRAE 

90.1-2007

90.1-2010 1107 Negligible Negligible

10% below 90.1-2010 1552 Negligible Negligible

20% below 90.1-2010 1998 Negligible Negligible

30% below 90.1-2010 2444 Negligible Negligible

40% below 90.1-2010 2890 Negligible Negligible

50% below 90.1-2010 3336 Negligible Negligible

30% Below 

ASHRAE 

90.1-2007

30% below 90.1-2010 775 Negligible Negligible

40% below 90.1-2010 1220 Negligible Negligible

50% below 90.1-2010 1666 Negligible Negligible

25
Table 7 Other Air Emissions Reductions in Metric Tons (30-Years of Commercial 

Construction)

Baseline 

(no-action 

alternative)

Final Rule- Code or 

Standard

Methane Nitrous Oxide 

and 

Halocarbons

Carbon 

Monoxide, 

Particulate 

Matter, and 

Lead

ASHRAE 

90.1-2007

90.1-2010 996,011 Negligible Negligible

10% below 90.1-2010 1,397,236 Negligible Negligible

20% below 90.1-2010 1,798,462 Negligible Negligible

30% below 90.1-2010 2,199,687 Negligible Negligible

40% below 90.1-2010 2,600,913 Negligible Negligible

50% below 90.1-2010 3,002,138 Negligible Negligible

30% Below 

ASHRAE 

90.1-2007

30% below 90.1-2010 697,208 Negligible Negligible

40% below 90.1-2010 1,098,433 Negligible Negligible

50% below 90.1-2010 1,499,659 Negligible Negligible

5.2 Environmental Justice and Other Impacts

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” (59 FR 7629, EO signed Feb. 11, 1994). 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 Final 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. 

The Final Rule is not expected to impact any sensitive environmental resources such as 

wetlands, endangered species, or historic or archaeological sites. There are no aspects of 

the Final Rule that would be affected by a terrorist act. 

26
6 AGENCIES AND PERSON CONSULTED DURING THIS 

RULEMAKING

In accordance with Council on Environmental Quality 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 Department of Energy - Michael Erbesfeld and Mohammed Khan

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

James Hand, Robert Lucas, and Sriram Somasundaram

27
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