Department of Energy

Washington, DC 20585

May 19,2009

MEMORANDUM FOR: STEVE G. CHALK

PRfNCIPAL DEPUTY ASSIST

E ERGY EFFICIENCY AND

FROM: JOH M. LUSHETSKY

ACTfNG DEPUTY ASS

FOR ENERGY EFFICI C

TECHNOLOGY DEVELOPMENT

ENERGY EFFICIENCY AND RENEWABLE ENERGY

SUBJECT: ACTION: Approval ofthe Finding of No Significant Impact for

the Final Rule for Energy Conservation Standards for Certain

Consumer Products (Dishwashers, Dehumidifiers, Microwave

Ovens, and Electric and Gas Kitchen Ranges and Ovens) and for

Certain Commercial and Industrial Equipment (Commercial

Clothes Washers) (RIN: 1904-AB49)

ISSUE: The Environmental Assessment (EA) and Finding of No Significant Impact (FONSI)

have been prepared for the U.S. Department of Energy's (DOE) final rule titled, "Energy

Conservation Program: Energy Conservation Standards for Certain Consumer Products

(Dishwashers, Dehumidifiers, Microwave Ovens, and Electric and Gas Kitchen Ranges and

Ovens) and for Certain Commercial and Industrial Equipment (Commercial Clothes Washers),"

and will be placed in the relevant rulemaking docket.

BACKGROUND:

• DOE prepared an EA that accompanicd the final rule for residential ranges, ovcns, and

microwave ovens. The EA was in chapter 16 ofthe final rule technical support document

and was prepared pursuant to the National Environmental Policy Act of 1969 ( EPA) (42

U.S.C. 4321 el seq.), the regulations ofthe Council on Environmental Quality under Title

40 ofthe Code of Federal Regulations, (40 CFR parts 1500-1508), and DOE's regulations

forcompliancewith EPA (IOCFRpart 1021).

• It is noted that this rulemaking originally bundled separate residential and commercial

products (dishwashers, dehumidifiers, elcctric and gas kitchen ranges, ovens, and

microwave ovens, and commercial clothes washers). However, as explained in the final

rule, various events occurred during the course ofthe rulemaking which resulted in

consideration ofa number ofthese products separately. Consequently, the current final

rule is limited to addressing energy conservation standards for the cooking efficiency of

electric and gas kitchen ranges and ovens, and microwave ovens.

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EERE-2006-STD-0127 COMMENT 65
• Additionally, DOE has determined that the adoption oftrial standard level I for residential

gas ranges and ovens without an electrical supply cord, as adopted by the above-titled final

rule would not be a major Federal action significantly affecting the quality ofthe human

environment within the meaning ofNEPA. DOE considered but is not adopting energy

conservation standards pertaining to the cooking efficiency ofresidential electric ranges

and ovens and microwave ovens, because no cooking efficiency standards for these

products were found to be technologically feasible and economically justified. Therefore,

an environmental impact statement is not required, and DOE should issue this FONS!.

SENSITIVITIES: This energy conservation standard is included in the consolidated Consent

Decree in New York v. Bodman, No. 05 Civ. 7807 (S.D.N.Y. filed Sept. 7,2005) and Natural

Resources Defense Council v. Bodman, No. 05 Civ. 7808 (S.D.N.Y. filed Sept. 7,2005). Under

the Consent Decree, DOE was required to deliver a final rule to the Federal Register for

publication no later than March 31,2009. Furthermore, this rulemaking is one ofthe five energy

efficiency rules with deadlines prior to and including August 8, 2009, described by President

Obama in his February 5, 2009, memorandum, which urged DOE to "finalize legally required

efficiency standards as expeditiously as possible and consistent with all applicable judicial and

statutory deadlines."

POLICY IMPACT: None.

URGENCY: This FONSI must be entered into the docket for the final rule, which was issued

on March 31,2009, and published in the Federal Register on April 8,2009 (74 FR 16040).

RECOMMENDATION: That you sign the attached FONSI for the residential ranges, ovens,

and microwave ovens final rule.

Attachment

Approve: 2(JwQ2f. --

Disapprove: _

Date: s-[I"lo'L _

CONCURRENCE: GC-71/Dan Cohen, 05/14/09

EERE-2006-STD-0127 COMMENT 65
[6450-01-PI

DEPARTMENT OF ENERGY

10 CFR Part 430

(Docket Number: EERE-2006-STD-0127]

RlN 1904-AB49

Energy Conservation Program: Energy Conservation Standards for Certain

Consumer Products (Dishwashers, Dehumidifiers, Microwave Ovens, and Electric

and Gas Kitchen Ranges and Ovens) and for Certain Commercial and Industrial

Equipment (Commercial Clothes Washers)

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy.

ACTION: Finding ofNo Significant Impact: Energy Conservation Program for

Residential Ranges, Ovens, and Microwave Ovens.

SUMMARY: The Energy Policy and Conservation Act (EPCA), as amended,

establishes mandatory energy conservation standards for certain consumer products and

certain commercial and industrial equipment, including residential cooking products. (42

U.S.C. 6291 el seq.) Based on an Environmental Assessment (EA), contained in Chapter

16 ofthe final rule Technical Support Document (TSD) for residential ranges, ovens, and

microwave ovens, the U.S. Department of Energy (DOE) has determined that the

adoption of energy conservation standards for the cooking efficiency ofresidential gas

EERE-2006-STD-0127 COMMENT 65
ranges and ovens without an electrical supply cord, as adopted by the final rule titled the

"Energy Conservation Program: Energy Conservation Standards for Certain Consumer

Products (Dishwashers, Dehumidifiers, Microwave Ovens, and Electric and Gas Kitchen

Ranges and Ovens) and for Certain Commercial and Industrial Equipment (Commercial

Clothes Washers)," would not be a major Federal action significantly affecting the

quality ofthe human environment within the meaning ofthe National Environmental

Policy Act of 1969 (NEPA). Therefore, an environmental impact statement (EIS) is not

required, and DOE is issuing this Finding ofNo Significant Impact (FONS!).

ADDRESSES: Public Availability: Copies ofthe final rule TSD are available from the

U.S. Department of Energy, Resource Room ofthe Building Technologies Program, 950

L'Enfant Plaza, SW., 6th Floor, Washington, DC 20024, (202) 586-2945, between 9:00

a.m. and 4:00 p.m., Monday through Friday, except Federal holidays. You may also

obtain copies ofthe final rule TSD from the Office of Energy Efficiency and Renewable

Energy's website at:

http://www I.eere.energy.govIbuildings/appliance_standards/residential!cookingyroducts

.html

FOR FURTHER INFORMATION CONTACT: Mr. Stephen Witkowski, U.S.

Department of Energy, Office of Energy Efficiency and Renewable Energy, Building

Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington, DC

20585-0121. Telephone: (202) 586--7463. E-mail: Stephen.Witkowski@ee.doe.gov.

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EERE-2006-STD-0127 COMMENT 65
Mr. Eric Stas or Mr. Michael Kido, U.S. Department of Energy, Office ofthe General

Counsel, GC-72, 1000 Independence Avenue, SW., Washington, DC 20585-0121.

Telephone: (202) 586-9507. E-mail: Eric.Stas@hg.doe.gov or

Michael.Kido@hg.doe.gov.

Forfurther information regarding the DOE NEPA process contact: Ms. Carol M.

Borgstrom, Director, Office of EPA Policy and Compliance (GC-20), U.S. Department

of Energy, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 586-4600, or

leave a message at (800) 472-2756. Additional information regarding DOE NEPA

activities and access to many DOE EPA documents are available on the Internet

through the DOE NEPA Website at: http://www.gc.energy.gov/nepal.

SUPPLEMENTARY I FORMATION:

Description ofthe Rulemaking Action: This rulemaking action involves the establishment

of new energy conservation standards for certain residential cooking products.

Specifically, DOE is adopting energy conservation standards pertaining to the cooking

efficiency ofresidential gas kitchen ranges and ovens without an electrical supply cord at

Trial Standard Level (TSL) I. DOE is not adopting energy conservation standards

pertaining to the cooking efficiency ofresidential electric kitchen ranges and ovens and

microwave ovens, because no cooking efficiency standards for these products were found

to be technologically feasible and economically justified.

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EERE-2006-STD-0127 COMMENT 65
Environmental Impacts: The EA evaluates the environmental impacts of a range of

energy conservation standards for residential ranges, ovens, and microwave ovens. The

results are presented for each TSL DOE considered for these products. Each TSL is an

altemative action and the environmental impacts of each alternative are compared to what

would be expected to happen ifno new standard were adopted (i.e., the "no action"

alternative).

The primary environmental impact ofthis final rule is decreased emissions from fossil

fuel use and from fossil-fueled electricity generation. Specifically, site emissions will

decrease as a result ofreduced fuel use associated with elimination ofthe standing pilot

in residential gas ranges and ovens without an electrical supply cord. Furthermore, the

reduction in household natural gas consumption resulting from the elimination ofthe

standing pilot is expected to have an effect on overall natural gas use patterns in the U.S.

As estimated by a modified version ofthe National Energy Modeling System (NEMSBTl), elimination ofthe standing pilot is expected to increase the availability of natural

gas for electricity generation, thereby causing a drop in electricity generation from other

fossil-fuel sources, primarily coal-fired power plants. This migration from coal-fired

electricity generation to cleaner natural gas-fired electricity generation is the source ofthe

emissions reductions at electrical power plants expected to result from the final rule.

1 The Energy Information Administration (EIA) approves the use ofthe name NEMS to describe only an

official Annual Energy Outlook (AEO) version of the model without any modification to code or data.

Because the present analysis entails some minor code modifications and runs the model under various

policy scenarios that deviate from AEO assumptions, the name "NEMS-BT' refers to the model as used

here. ("BT' stands for DOE's Building Technologies Program.) For more information on NEMS, refer to

'The National Energy Modeling System: An Overview," DOElEIA-Q581 (98) (Feb. 1998). Available at

http://tonto.eia.doe.gov/florootiforecasting/058198.pdf.

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EERE-2006-STD-0127 COMMENT 65
All ofthe TSLs considered for the product classes covered under this regulation would

result in decreased fossil fuel use and in a reduction in emissions. The energy

conservation standards adopted in the final rule would generally decrease air pollution by

decreasing future energy demand. The environmental impact analysis considers

emissions of carbon dioxide (C02) and three criteria pollutants-nitrogen oxides (NOx),

sulfur dioxide (S02), and mercury (Hg). The energy savings from new energy

conservation standards for residential gas ranges and ovens without an electrical supply

cord are expected to result in reduced power sector emissions of COz, NOx, and Hg, as

well as reduced and COz and Ox emissions at the sites where appliances are used. The

results ofthis analysis show that the power plant emissions reductions in this final rule

are projected to be 6.0 million metric tons (Mt) ofCOz, 0.6 kilotons (kt) ofNOx and

between 0 and 0.15 tons of Hg. Additionally, the standards are projected to reduce COz

emissions by 7.7 Mt and NOx emissions by 6.1 kt at the sites where appliances are used.

These emissions reductions and those from the other TSLs are not substantial enough to

significantly affect the quality ofthe human environment. See Chapter 16 ofthe

residential cooking products TSD Table 16.2.3 through Table 16.2.5 for more

information on the emissions reductions at all TSLs.

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EERE-2006-STD-0127 COMMENT 65
Determination

Based upon the EA, DOE has detennined that the adoption ofthe energy conservation

standards for residential gas ranges and ovens without an electrical supply cord would not

constitute a major Federal action significantly affecting the quality ofthe human

environment, within the meaning ofNEPA. Therefore, an EIS is not required, and DOE

is issuing this FaNS!.

Issued in Washington, DC, on May 19, 2009.

Steven G. Chalk

Principal Deputy Assistant Secretary

Energy Efficiency and Renewable Energy

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EERE-2006-STD-0127 COMMENT 65