### 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 ofNo 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 ofNo Significant Impact (FONSI) have been prepared for the U.S. Department ofEnergy'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 pursuantto the National Environmental Policy Act of 1969 ( EPA) (42 U.S.C. 4321 elseq.), the regulations ofthe Council on Environmental Quality underTitle 40 ofthe Code ofFederal Regulations, (40 CFR parts 1500-1508), and DOE's regulations forcompliancewith EPA (IOCFRpart 1021).

• It is noted thatthis 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. 

# <» Printed with soy ink on recycled paper• 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 environmentwithin 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 economicallyjustified. 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 laterthan 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 DOEto "finalize legally required efficiency standards as expeditiously as possible and consistent with all applicablejudicial 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: 

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

### [6450-01-PI DEPARTMENT OF ENERGY 10 CFR Part430 (DocketNumber: EERE-2006-STD-0127] RlN 1904-AB49
Energy Conservation Program: Energy Conservation Standards for Certain ConsumerProducts (Dishwashers, Dehumidifiers, Microwave Ovens, and Electric and Gas Kitchen Ranges and Ovens) and for Certain Commercial and Industrial Equipment(Commercial Clothes Washers)

AGENCY: Office ofEnergy Efficiency and Renewable Energy, DepartmentofEnergy.

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 consumerproducts and certain commercial and industrial equipment, includingresidential cooking products. (42 U.S.C. 6291 el

### seq.) Based on an Environmental Assessment (EA), contained in Chapter 16ofthe final rule Technical Support Document (TSD) forresidential ranges, ovens, and microwave ovens, the U.S. Department ofEnergy (DOE) has determined that the adoption ofenergy conservation standards for the cooking efficiency ofresidential gasranges and ovens without an electrical supply cord, as adopted bythe 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 notbe amajor Federal action significantly affectingthe qualityofthe human environmentwithin the meaningofthe National Environmental Policy Actof 1969 (NEPA). Therefore, an environmental impact statement (EIS) is not required, and DOE is issuing this Finding ofNo Significant Impact (FONS!).

ADDRESSES: PublicAvailability: Copies ofthe final rule TSD are available from the U.S. Department ofEnergy, Resource Room ofthe BuildingTechnologies Program, 950 L'Enfant Plaza, SW., 6th Floor, Washington, DC 20024, (202) 586-2945, between 9:00
a.m. and4:00 p.m., Monday through Friday, except Federal holidays. You may also obtain copies ofthe final ruleTSD from the Office ofEnergy Efficiency and Renewable Energy's website at: http://wwwI.eere.energy.govIbuildings/appliance_standards/residential!cookingyroducts .html

FOR FURTHER INFORMATION CONTACT: Mr. Stephen Witkowski, U.S. DepartmentofEnergy, Office ofEnergy 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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### Mr. Eric Stas or Mr. Michael Kido, U.S. Department ofEnergy, 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.
Forfurtherinformation regarding the DOENEPA process contact: 

### Ms. Carol M. Borgstrom, Director, Officeof EPA Policy and Compliance (GC-20), U.S. Department ofEnergy, 1000 IndependenceAvenue, SW., Washington, DC 20585, (202) 586-4600, or leave amessage at (800) 472-2756. Additional information regarding DOE NEPA activities and access to many DOE EPA documents are available on the Internet through the DOENEPA Website at: http://www.gc.energy.gov/nepal.

SUPPLEMENTARY I FORMATION: Description of theRulemakingAction: 

### This rulemaking action involves the establishment ofnew energy conservation standards for certain residential cooking products. Specifically, DOE is adoptingenergy conservation standards pertainingto 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 pertainingto the cooking efficiency ofresidential electric kitchen ranges and ovens and microwave ovens, becauseno cooking efficiency standards for these products were found to betechnologically feasible and economicallyjustified.

3EnvironmentalImpacts: 

### The EA evaluates the environmental impacts ofarange of energy conservation standards for residential ranges, ovens, and microwave ovens. The results are presented for eachTSL DOE considered for these products. Each TSLis an altemative action and the environmental impacts ofeach alternative are compared to what would be expected to happen ifno new standard were adopted (i.e., the "no action" alternative).

The primary environmental impactofthis final rule is decreased emissions from fossil fuel use and from fossil-fueled electricity generation. Specifically, siteemissions will decrease as aresultofreduced 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 amodified version ofthe National Energy Modeling System (NEMSBTl), eliminationofthe standing pilot is expected to increase the availability ofnatural gas for electricity generation, thereby causing a drop in electricity generation from other fossil-fuel sources, primarily coal-fired powerplants. This migration from coal-fired electricity generation to cleanernatural gas-fired electricity generation is the source ofthe emissions reductions atelectrical powerplants expectedto result from the final rule.

1 The Energy Information Administration (EIA) approves the use ofthe name NEMS to describe onlyan officialAnnualEnergy Outlook(AEO) version ofthe model without any modification to code ordata. Because the present analysis entails some minorcode 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 BuildingTechnologies Program.) Formore information on NEMS, referto 'The National EnergyModeling System: An Overview," DOElEIA-Q581 (98) (Feb. 1998). Available at http://tonto.eia.doe.gov/florootiforecasting/058198.pdf. 4All ofthe TSLs considered forthe product classes covered underthis 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 ofcarbon dioxide (C02) and three criteriapollutants-nitrogen oxides (NOx), sulfurdioxide (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 sectoremissions ofCOz, 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 powerplant 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 ofHg. 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 otherTSLs are not substantial enough to significantly affectthe 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.

5Determination 

### Based upon the EA, DOE has detennined thatthe adoption ofthe energy conservation standards for residential gas ranges and ovens without an electrical supply cord would not constitute a majorFederal action significantly affecting the quality ofthe human environment, withinthe meaningofNEPA. 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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