### 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 ofNo SignificantImpact to Accompany the Final Rule for Energy Conservation Standardsfor Commercial Refrigeration 

### Equipment (RIN: 1904-AB59) ISSUE: TheEnvironmental Assessment (EA) and FindingofNo SignificantImpact (FONSI) havebeen 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-Freezerswithout 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 theFederalRegister. BACKGROZTND: 

### DOE prepared this commercialrefrigerationequipment (CRE) EA, chapter 16ofthe final rule technical support document, pursuant to the National Environmental PolicyAct of 1969 (NEPA) (42 U.S.C. 4321 et seq.), the regulationsofthe Council on Environmental Quality under Title 40 of the Code ofFederal Regulations (40 CFR)parts 1500-1508,and DOE'Sregulations for compliancewith NEPA (10 CFR part 1021). 

### Additionally, DOE has determined that the adoptionoftrial standard level 4 for CRE as adoptedby the final rule titled, "Energy ConservationProgram for Commercial and Industrial Equipment: EnergyConservation Standardsfor 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 ofNEPA. Therefore, an environmental impact statement isnot required, and DOE should approve this FONSI as part of its final rule. SENSITIVITIES: DOE must issue a final rule for this equipmentby January 1,2009,pursuant to the EnergyPolicyAct of2005 (Pub.L. 109-58). 

# tB Printedwith soy ink on recycled paper

### POLICY IMPACT: None. URGENCY: The final rule must be issued no later than December 

### 31,2008. This FONSI must be entered into the docket concurrent with the submissionofthe 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, 12118/08[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 ofEnergy 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 ofEnergy (DOE) has determined that the adoption ofenergy conservation standards for CRE, as adopted

1by 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 ofEnergy, 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 ofEnergy 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 ofEnergy, 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.

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### Department ofEnergy, Office ofGeneral Counsel, GC-72, 1000 Independence Avenue, SW, Washington, DC 20585. Phone: (202) 586-9507. E-mail: Francine.Pinto@hg.doe.gov.

For further information regarding the DOENEPA 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 of the ProposedAction: 

### The proposed action is the establishment ofnew energy conservation standards for commercial refrigeration equipment. DOE is adopting Trial Standard Level (TSL) 4 for CRE. EnvironmentalImpacts: 

### The EA evaluates the environmental impacts ofa 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 ifno 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

3covered 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 ofcarbon 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 ofemission 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.

4Determination 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

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