Department of Energy 

Washington, DC 20585 

December 24,2008 

EXEC-2008-0 14389 

MEMORANDUM FOR THE SECRETARY 

THROUGH: C. H. ALBRIGHT, JR. 

UNDER SECRETARY OF ENERGY 

FROM: . JOHN F. MIZROCH 

ACTING ASSISTANT SECRETARY 

ENERGY EFFICIENCY AND RENEWABLE ENERGY 

SZTBJECT: ACTION: Approval of the Finding of No Significant Impact to 

Accompany the Final Rule for Energy Conservation Standards for 

Commercial Refrigeration Equipment (RIN: 1904-AB59) 

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 for Commercial and Industrial Equipment: Energy Conservation 

Standards for Commercial Ice-Cream Freezers; Self-Contained Commercial Refrigerators, 

Commercial Freezers, and Commercial Refrigerator-Freezers without Doors; and Remote 

Condensing Commercial Refrigerators, Commercial Freezers, and Commercial RefiigeratorFreezers" (commercial refrigeration equipment), and will be placed in the rule docket concurrent 

with the publication of the final rule in the Federal Register. 

BACKGROZTND : 

DOE prepared this commercial refrigeration equipment (CRE) EA, chapter 16 of the final 

rule technical support document, pursuant to the National Environmental Policy Act of 

1969 (NEPA) (42 U.S.C. 4321 et seq.), the regulations of the Council on Environmental 

Quality under Title 40 of the Code of Federal Regulations (40 CFR) parts 1500- 1508, and 

DOE'S regulations for compliance with NEPA (1 0 CFR part 102 1 ). 

Additionally, DOE has determined that the adoption of trial standard level 4 for CRE as 

adopted by the final rule titled, "Energy Conservation Program for Commercial and 

Industrial Equipment: Energy Conservation Standards for Commercial Ice-Cream 

Freezers; Self-Contained Commercial Refrigerators, Commercial Freezers, and 

Commercial Refrigerator-Freezers without Doors; and Remote Condensing Commercial 

Refrigerators, Commercial Freezers, and Commercial Refrigerator-Freezers," would not be 

a major Federal action significantly affecting the quality of the human environment within 

the meaning of NEPA. Therefore, an environmental impact statement is not required, and 

DOE should approve this FONSI as part of its final rule. 

SENSITIVITIES: DOE must issue a final rule for this equipment by January 1,2009, pursuant 

to the Energy Policy Act of 2005 (Pub.L. 109-58). 

tB Printed with soy ink on recycled paper 

EERE-2006-BT-STD-0126 COMMENT 49
POLICY IMPACT: None. 

URGENCY: The final rule must be issued no later than December 3 1,2008. This FONSI must 

be entered into the docket concurrent with the submission of the final rule. 

RECOMMENDATION: That you sign the attached FONSI for the CRE final rule. 

Attachment 

Disapprove: 

Date: DEC 3 1 2000 

CONCURRENCE: GC- l/Eric J. Fygi, 1211 8/08 

EERE-2006-BT-STD-0126 COMMENT 49
[6450-01-P]

DEPARTMENT OF ENERGY

10 CFR Part 431

[Docket Number: EERE-2006-STD-OI26]

RIN 1904-AB59

Energy Conservation Program for Commercial and Industrial Equipment: Energy

Conservation Standards for Commercial Ice-Cream Freezers; Self-Contained

Commercial Refrigerators, Commercial Freezers, and Commercial Refrigerator- .

Freezers without Doors; and Remote Condensing Commercial Refrigerators,

Commercial Freezers, and Commercial Refrigerator-Freezers

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

ACTION: Finding ofNo Significant Impact: Energy Conservation Program for

Commercial and Industrial Equipment

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

establishes mandatory energy conservation standards for certain commercial and

industrial equipment, including commercial refrigeration equipment (CRE). (42

U.S.C.6291 et seq.) Based on an Environmental Assessment (EA), Chapter 16 ofthe firial

rule Technical Support Document (TSD) for CRE, the U.S. Department of Energy (DOE)

has determined that the adoption of energy conservation standards for CRE, as adopted

1

EERE-2006-BT-STD-0126 COMMENT 49
by the final rule entitled the "Energy Conservation Standards for Commercial Ice-Cream

Freezers; Self-Contained Commercial Refrigerators, Commercial Freezers, and

Commercial Refrigerator-Freezers without Doors; and Remote Condensing Commercial

Refrigerators, Commercial Freezers, and Commercial Refrigerator-Freezers," 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 (ElS) is not required, and DOE is issuing

this Finding ofNo Significant Impact (FONSI).

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 a.m.

and 4 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.eere.energy.govibuildings/appliance standards/commercial/refrigeration egu

ipment.html.

FOR FURTHER INFORMATION CONTACT: Charles Llenza, Project Manager,

Energy Conservation Standards for Commercial Refrigeration Equipment, u.S.

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

Program, EE-2J, 1000 Independence Avenue, SW, Washington, DC 20585-0121. Phone:

(202) 586-2192. E-mail: Charles.Llenza@ee.doe.gov; Francine Pinto, Esq., U.S.

2

EERE-2006-BT-STD-0126 COMMENT 49
Department ofEnergy, Office of General Counsel, GC-72, 1000 Independence Avenue,

SW, Washington, DC 20585. Phone: (202) 586-9507. E-mail:

Francine.Pinto@hg.doe.gov.

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

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

ofEnergy, 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 NEPA documents are available on the Internet

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

SUPPLEMENTARY INFORMATION:

Description ofthe Proposed Action: The proposed action is the establishment of new

energy conservation standards for commercial refrigeration equipment. DOE is adopting

Trial Standard Level (TSL) 4 for CRE.

Environmental Impacts: The EA evaluates the environmental impacts of a range of

energy conservation standards for CRE. The results are presented for each TSL DOE

considered for CRE. Each TSL is an alternative action and the environmental impacts of

each alternative are compared to what would be expected to happen if no new standard

were adopted, i.e., the "no action" alternative.

The primary environmental impact is decreased emissions from fossil fuel use and from

fossil-fueled electricity generation. All ofthe TSLs considered for the equipment classes

3

EERE-2006-BT-STD-0126 COMMENT 49
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 CRE are expected to result in

reduced power sector emissions ofCO2, NOx, and Hg. Reduced NOx emissions could

also provide an economic benefit in the form of emission allowance credits. The results

ofthis analysis show that the emissions reductions in the CRE final rule are projected to

be 52.59 million metric tons (Mt) ofCOz, between 3.64 and 89.97 kilotons (kt) ofNOx

and between 0 and 1.381 tons ofHg. 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 CRE TSD Table 16.2.3 and Table 16.7.1 for more

information on the emissions reductions at all TSLs.

4

EERE-2006-BT-STD-0126 COMMENT 49
Determination

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

standard for CRE 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 FONSI.

Issued in Washington, DC, on December 31, 2008.

J hn F.

A' ssistant Secretary

Energy Efficiency and Renewable Energy

5

EERE-2006-BT-STD-0126 COMMENT 49