```

[Federal Register Volume 79, Number 187 (Friday, September 26, 2014)]
[Notices]
[Pages 57900-57915]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22882]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Docket No. EERE-2014-BT-DET-0009]
RIN 1904-AD27

Determination Regarding Energy Efficiency Improvements in ANSI/
ASHRAE/IES Standard 90.1-2013: Energy Standard for Buildings, Except 
Low-Rise Residential Buildings

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

ACTION: Notice of determination.

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SUMMARY: The U.S. Department of Energy (DOE) has determined that the 
2013 edition of the ANSI/ASHRAE/IES \1\ Standard 90.1: Energy Standard 
for Buildings, Except Low-Rise Residential Buildings would improve 
energy efficiency in buildings subject to the code compared to the 2010 
edition of Standard 90.1. DOE has determined that buildings built to 
Standard 90.1-2013, as compared with buildings built to Standard 90.1-
2010, would result in national source energy savings of approximately 
8.5 percent and site energy savings of approximately 7.6 percent of 
commercial building energy consumption. Upon publication of this 
affirmative determination, States are required to certify that they 
have reviewed the provisions of their commercial building code 
regarding energy efficiency, and, as necessary, updated their codes to 
meet or exceed Standard 90.1-2013. Additionally, this notice provides 
guidance to States on certifications and requests for extensions of 
deadlines for certification statements.
---------------------------------------------------------------------------

    \1\ American National Standards Institute (ANSI)/American 
Society of Heating, Refrigerating, and Air-Conditioning Engineers 
(ASHRAE)/Illuminating Engineering Society (IES).

DATES: Certification statements provided by States must be submitted by 
---------------------------------------------------------------------------
September 28, 2015.

ADDRESSES: Certification Statements must be addressed to the Building 
Technologies Office--Building Energy Codes Program Manager, U.S. 
Department of Energy, Office of Energy Efficiency and Renewable Energy, 
1000 Independence Avenue SW., EE-5B, Washington, DC 20585.

FOR FURTHER INFORMATION CONTACT: Jeremiah Williams; U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, 1000 
Independence Avenue SW., EE-5B, Washington, DC 20585; (202) 287-1941; 
Jeremiah.Williams@ee.doe.gov.
    For legal issues, please contact Kavita Vaidyanathan; U.S. 
Department of Energy, Office of the General Counsel, 1000 Independence 
Avenue SW., GC-71, Washington, DC 20585; (202) 586-0669; 
Kavita.Vaidyanathan@hq.doe.gov.

SUPPLEMENTARY INFORMATION:

I. Statutory Authority
II. Introduction
III. Methodology
IV. Summary of Findings
V. Determination Statement
VI. State Certification
VII. Regulatory Review & Analysis

I. Statutory Authority

    Title III of the Energy Conservation and Production Act, as amended 
(ECPA), establishes requirements for building energy conservation 
standards, administered by the DOE Building Energy Codes Program. (42 
U.S.C. 6831 et seq.) Section 304(b), as amended, of ECPA provides that 
whenever the ANSI/ASHRAE/IESNA Standard 90.1-1989 (Standard 90.1-1989 
or 1989 edition), or any successor to that code, is revised, the 
Secretary of Energy (Secretary) must make a determination, not later 
than 12 months after such revision, whether the revised code would 
improve energy efficiency in commercial buildings, and must publish 
notice of such determination in the Federal Register. (42 U.S.C. 
6833(b)(2)(A)) The Secretary may determine that the revision of 
Standard 90.1-1989, or any successor thereof, improves the level of 
energy efficiency in commercial buildings. If so, then not later than 2 
years after the date of the publication of such affirmative 
determination, each State is required to certify that it has reviewed 
and updated the provisions of its commercial building code regarding 
energy efficiency with respect to the revised or successor code. (42 
U.S.C. 6833(b)(2)(B)(i)) Each State must include in its certification a 
demonstration that the provisions of its commercial building code, 
regarding energy efficiency, meet or exceed the revised Standard. (42 
U.S.C. 6833(b)(2)(B)(i))
    If the Secretary makes a determination that the revised Standard 
will not improve energy efficiency in commercial buildings, State 
commercial codes shall meet or exceed the last revised Standard for 
which the Secretary has made an affirmative determination. (42 U.S.C. 
6833(b)(2)(B)(ii)) On October 19, 2011, DOE published its determination 
in the Federal Register updating the reference code to Standard 90.1-
2010. (76 FR 64904)
    ECPA also requires the Secretary to permit extensions of the 
deadlines for the State certification if a State can demonstrate that 
it has made a good faith effort to comply with the requirements of 
Section 304(b) of ECPA and that it has made significant progress in 
doing so. (42 U.S.C. 6833(c)) DOE is also directed to provide technical 
assistance to States to support implementation of State residential and 
commercial building energy efficiency codes. (42 U.S.C. 6833(d))

II. Introduction

Publication of Standard 90.1-2013

    The American Society of Heating, Refrigerating and Air-Conditioning 
Engineers (ASHRAE) and Illuminating Engineering Society (IES) approved 
the publication of the 2013 edition of Energy Standard for Buildings 
Except Low-Rise Residential Buildings in October 2013. The Standard is 
developed under ANSI-approved consensus procedures,\2\ and is under 
continuous maintenance by a Standing Standard Project Committee. ASHRAE 
has established a program for regular publication of addenda, or 
revisions, including procedures for timely, documented, consensus 
action on requested changes to the Standard. The American National 
Standards Institute (ANSI) approved the final addendum for inclusion in 
the 2013 edition in September 2013. Standard 90.1-2013 was published in 
October 2013.\3\ More information on ANSI/ASHRAE/IES Standard 90.1-2013 
is available at: https://www.ashrae.org/resources-publications/bookstore/standard-90-1.
---------------------------------------------------------------------------

    \2\ An overview of the ANSI consensus process is available at 
http://www.ansi.org/standardsactivities/
domesticprograms/overview.aspx?menuid=3.
    \3\ ASHRAE press release available at https://www.ashrae.org/news/2013/ashrae-ies-publish-2013-energy-standard-changes-for-envelope-lighting-mechanical-sections.
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DOE Determination

    In arriving at its determination, DOE reviewed all changes between 
the 2013 and 2010 editions of Standard 90.1. Standard 90.1 is complex 
and covers a broad spectrum of the energy-related components and 
systems in buildings, ranging from simpler commercial buildings to more 
complex hospitals and laboratory facilities. Standard 90.1-

[[Page 57901]]

2013 was developed through the same approach as the previous 2010 
edition, which involves committee approval through a consensus process 
consistent with ANSI procedures for developing industry standards. The 
2013 edition contains no significant changes to the overall scope or 
the structure of the Standard. As a result, DOE preliminarily 
determined that the methodology used for the analysis of Standard 90.1-
2010 should again be utilized for the analysis of Standard 90.1-2013. 
DOE published a Notice of Preliminary Determination regarding Standard 
90.1-2013 in the Federal Register on May 15, 2014. (79 FR 27778)

Public Comments Regarding the Determination

    DOE accepted public comments on the Notice of Preliminary 
Determination for Standard 90.1-2013 until June 16, 2014. DOE received 
timely submissions from a total of three commenters. These comments are 
discussed below.
    Jim Ranfone submitted a written document (Docket No. EERE-2014-BT-
DET-0009-0002) containing three comments. In his first comment, Mr. 
Ranfone questions the economic basis of Standard 90.1, in particular 
the fact that ASHRAE does not use marginal costs for natural gas. Mr. 
Ranfone indicates that this will overstate the cost savings from the 
energy upgrades in the Standard. In response, DOE notes that it is 
directed by statute to evaluate published editions of Standard 90.1 and 
issue a determination as to whether the updated edition will result in 
energy savings in commercial buildings. DOE is not given the authority 
to dictate specific economic criteria informing the decisions of the 
ASHRAE Standard 90.1 Committee. DOE notes that the membership of the 
ASHRAE Standard 90.1 Committee, itself, develops economic criteria to 
inform its decisions surrounding the cost-effectiveness of proposed 
code changes. As a national model, the Standard 90.1 Committee chose to 
reference national average values in the development of the Standard. 
In his second comment, Mr. Ranfone questioned the use of a blended rate 
for heating costs. He contends that the blended rate skews the basic 
energy cost assumptions by overstating efficiency improvements that 
affect natural gas, and understating electric savings for improvements 
affecting electricity savings. In response, DOE notes that it is 
directed by statute to evaluate published editions of Standard 90.1, 
and issue a determination as to whether the updated edition will result 
in energy savings in commercial buildings. DOE is not given the 
authority to dictate specific cost parameters and other economic 
criteria informing the decisions of the ASHRAE Standard 90.1 Committee. 
Specific to the topic of ``blended'' utility costs, DOE has reviewed 
the economic criteria established by the ASHRAE Standard 90.1 
Committee, and notes criteria employed in Standard 90.1-2013 as 
consistent with past criteria used in the development of the Standard--
an approach that appears unchanged since the development of Standard 
90.1-1999. In his third comment, Mr. Ranfone also questioned the 
inclusion of requirements in Standard 90.1-2013 that are neutral in 
terms of energy efficiency, but which would add costs for compliance, 
specifically citing requirements for electric and fuel meters. In 
response, DOE again notes its statutory role in assessing energy 
savings associated with Standard 90.1, and in issuing a determination 
of energy savings for commercial buildings. DOE is not given the 
authority to reconcile costs of specific code provisions, or overall 
economics surrounding updated codes, as part of its energy savings 
determination. Rather, such consideration is provided directly as part 
of the code development and consensus process. In general, DOE 
acknowledges that code changes which do not have a direct impact on 
energy efficiency are common, including a number of changes in Standard 
90.1-2013. Such changes often target an alternative objective, such as 
improved code usability or enforceability, but which otherwise seek to 
improve the design and construction of energy efficient buildings. 
Within the context of the DOE determination, individual addenda 
included in Standard 90.1-2013 are identified and further evaluated in 
the supplementary technical support documents.
    The Responsible Energy Codes Alliance (RECA) submitted a written 
document (Docket No. EERE-2014-BT-DET-0009-0003) containing five 
comments. In its first comment, RECA encourages the Department to 
provide an itemized comparison between Standard 90.1 and the IECC. DOE 
has previously conducted this type of additional analysis as technical 
assistance for States and adopting localities in understanding the 
provisions of the respective editions of Standard 90.1 and the IECC. 
DOE acknowledges the comparison between Standard 90.1 and the IECC as 
an important resource for States. In line with historical practice, and 
as budgets allow, DOE may prepare such a comparison for Standard 90.1-
2013 and the 2015 IECC commercial provisions. RECA encourages the 
Department to quickly finalize this Determination. DOE understands the 
importance of fulfilling its directives in a timely manner, and intends 
to complete its determination within the statutory timeline set forth 
in 42 U.S.C. 6833(b)(2)(A). In its third comment, RECA strongly 
encourages the Department to provide resources to improve the overall 
compliance rates with commercial energy codes, as well as compliance 
with specific sections. DOE recognizes the significant energy savings 
potential associated with ensuring code-intended energy savings, and 
acknowledges the importance of resources to improve compliance rates. 
In a continuing effort, DOE intends to provide technical assistance in 
the form of training materials and support for commercial codes in 
order to improve compliance rates. DOE also recently issued a Funding 
Opportunity Announcement (FOA) for improving residential energy code 
compliance, and, in the future, will investigate means of providing 
additional support pertaining to commercial energy codes. In its fourth 
comment, RECA does not believe that DOE may consider cost-effectiveness 
as part of its determination process, but does believe that DOE should 
provide cost-effectiveness analyses to States. As DOE has stated in its 
Notice of Preliminary Determination, it did not evaluate cost-
effectiveness as part of its energy savings determination. However, DOE 
intends to continue providing national and state-level cost-
effectiveness analyses as technical assistance to States, as has been 
completed in the past for Standard 90.1-2010 at http://
www.energycodes.gov/development/commercial/costeffectiveness. 
In its fifth comment, RECA believes the DOE cost-effectiveness 
methodology is a reasonable compromise representing diverse stakeholder 
interests, and that the Department should maintain the same methodology 
for Standard 90.1-2013 and the 2015 IECC. DOE also acknowledges RECA's 
previous comments on the cost-effectiveness methodology in Docket No. 
EERE-2011-BT-BC-0046. In response, DOE intends to continue to use its 
current cost-effectiveness methodology for analysis of Standard 90.1-
2013. In addition, DOE is looking into the possibility of updating its 
methodology for evaluating the cost-effectiveness of building energy 
codes through a public request for information in the coming months, 
and to be used in analyzing future building energy codes and standards. 
DOE may

[[Page 57902]]

issue a request for information prior to finalizing the new 
methodology.
    The Edison Electric Institute (EEI) submitted a written document 
(Docket No. EERE-2014-BT-DET-0009-0004) containing three comments. In 
its first comment, EEI suggests DOE should only use site energy and 
energy cost results in its determination on Standard 90.1-2013, and 
that source energy results should not be used. DOE notes that EEI 
submitted a similar comment on the Notice of Preliminary Determination 
for Standard 90.1-2010. DOE considered the comment again and is again 
rejecting the comment. DOE continues to believe that, in addition to 
the site metric, source energy estimates are important to the 
discussion of global resources and environmental issues. In its second 
comment, EEI suggests energy savings from new or updated Federal 
appliance and equipment standards should be incorporated into the 
determination on Standard 90.1-2013. DOE notes that EEI submitted a 
similar comment on the Notice of Preliminary Determination for Standard 
90.1-2010. DOE considered the comment again and is again rejecting the 
comment. Many appliance and equipment standards are not established 
directly within Standard 90.1, but rather are established by the 
Federal government. For this reason, DOE continues to believe that 
energy savings resulting from new or updated Federal standards should 
not be incorporated into its determinations. In its third comment, EEI 
suggests that value associated with primary energy for electricity is 
overstated based on four specific reasons: (1) DOE considered only 
commercial customers, not residential and industrial customers; (2) the 
EIA fossil fuel heat rate is too high; (3) on-site renewable energy is 
included in EIA's data and that inflates the primary energy data; and 
(4) estimates of primary energy values should look forward not 
backward. DOE notes that EEI submitted a similar comment on the Notice 
of Preliminary Determination for Standard 90.1-2010. DOE considered the 
comment again and is again rejecting the comment because DOE continues 
to believe that its use of EIA data, conversion factors, and treatment 
of renewable energy is appropriate.
    In its Notice of Preliminary Determination, DOE expressed interest 
in receiving stakeholder feedback on the Department's practice of 
providing cost-effectiveness analysis to support State energy code 
adoption. DOE has issued past requests to guide the Department in 
establishing an appropriate methodology for evaluating the cost 
effectiveness of building energy codes (78 FR 47677), and expects to 
update this method to ensure its assumptions and economic criteria 
remain valid and adequate for States considering adoption of model 
building energy codes. During the public comment period, DOE did not 
receive any comments (i.e., outside of factors acknowledged above) on 
the overall costs and benefits associated with building energy codes. 
In the coming months, DOE intends to issue a public request for 
information to update its cost-effectiveness analysis methodology, and 
in preparation to continue providing such technical analysis and 
assistance to States implementing building energy codes.

III. Methodology

Overview of Methodology

    The analysis methodology used by DOE contains both qualitative and 
quantitative components. A qualitative comparison is undertaken to 
identify textual changes between requirements in Standard 90.1-2013 and 
Standard 90.1-2010, followed by a quantitative assessment of energy 
savings conducted through whole-building simulations of buildings 
constructed to meet the minimum requirements of each Standard over the 
range of U.S. climates. A discussion of the analysis methodology, which 
was developed through public comment in past DOE determinations, can be 
found in the Notice of Preliminary Determination for Standard 90.1-2007 
(75 FR 54117) and Notice of Preliminary Determination for Standard 
90.1-2010 (76 FR 43298).
    Consistent with its previous determinations, DOE compared overall 
editions of Standard 90.1. DOE interprets the language in Section 
304(b)(2) of ECPA to mean that when a comprehensive revision of the 
ASHRAE Standard is published (which in this case is ASHRAE Standard 
90.1-2013), then that revised or successor Standard triggers the 
Secretary's obligation to issue a determination as to whether the 
revised Standard improves energy efficiency in commercial buildings. 
(See 42 U.S.C. 6833(b)(2)(A)) This determination is made by comparing 
the revised or successor Standard to the last predecessor Standard. 
While the continuous addenda review and update process is part of the 
ongoing maintenance of the Standard, DOE does not interpret each 
addendum update after the release of the full standard as an additional 
``revised or successor standard'' requiring a determination by the 
Secretary.

IV. Summary of Findings

    In performing its determination, DOE performed both a qualitative 
and quantitative analysis of the requirements contained in Standard 
90.1-2013. The chosen methodology for these analyses is consistent with 
recent determinations actions, and provides a reasonable assessment of 
how the Standard will impact energy savings in commercial buildings. A 
summary of the analyses supporting DOE's determination is outlined in 
the following sections.

Qualitative Analysis

    DOE performed a comparative analysis of the textual requirements of 
Standard 90.1-2013, examining the specific changes (addenda) made 
between Standard 90.1-2010 and Standard 90.1-2013. ASHRAE publishes 
changes to its standards as individual addenda to the preceding 
Standard, and then bundles all addenda together to form the next 
published edition. In creating the 2013 edition, ASHRAE processed 110 
total addenda. DOE evaluated each of these addenda in preparing its 
determination of energy savings.
    Overall, DOE found that the vast majority of changes in creating 
Standard 90.1-2013 were positive (i.e., increased energy savings) or 
neutral (i.e., no direct impact on energy savings). Positive changes 
significantly outweigh any changes with a negative effect on energy 
efficiency in commercial buildings. Of the 110 total changes:
     52 were considered positive;
     53 were considered neutral; and
     5 were considered negative.
    Table IV.1 presents the findings resulting from the qualitative 
analysis, along with a description of the change, as well as an 
assessment of the anticipated impact on energy savings in commercial 
buildings. The full qualitative analysis is presented in a separate 
technical support document (TSD),\4\ available at http://www.energycodes.gov/regulations/determinations.
---------------------------------------------------------------------------

    \4\ Halverson et al., ANSI/ASHRAE/IES Standard 90.1-2013 
Determination of Energy Savings: Qualitative Analysis (PNNL, 
Richland, WA (US), July 2014), available at http://www.pnnl.gov/
main/publications/external/technicalreports/pnnl-23481.pdf.

[[Page 57903]]

                                    Table IV.1--Qualitative Analysis Findings
----------------------------------------------------------------------------------------------------------------
                                            Sections affected                                   Impact on energy
      Number         Addendum to standard       within the          Description of changes         efficiency
                         90.1-2010 \5\           standard                                        (justification)
----------------------------------------------------------------------------------------------------------------
1.................  90.1-2010a............  10. Other          Specifies that nominal           Neutral (simply
                                             Equipment and      efficiencies for motors are      specifies
                                             12. Normative      required to be established in    alternate
                                             References.        accordance with 10 CFR 431       rating
                                                                instead of National Electrical   standard).
                                                                Manufacturers Association
                                                                (NEMA) Standards. Modifies the
                                                                footnotes to Tables 10.8A,
                                                                10.8B, 10.8C (now Tables 10.8-
                                                                1, 10.8-2, and 10.8-3 in
                                                                Standard 90.1-2013). The
                                                                corresponding reference for 10
                                                                CFR 431 has also been added.
2.................  90.1-2010b............  10. Other          Requires escalators and moving   Minor + (reduces
                                             Equipment and      walks to automatically slow      escalator and
                                             12. Normative      when not conveying passengers.   moving walkway
                                             References.        The corresponding reference to   energy).
                                                                American Society of Mechanical
                                                                Engineers (ASME) A17.1/CSA B44
                                                                has also been added to the
                                                                Normative References.
3.................  90.1-2010c............  Appendix G.......  Adds requirements for            Neutral (whole
                                                                laboratory exhaust fans to       building
                                                                Section G3.1.1, Baseline HVAC    performance
                                                                System Type and Definition.      tradeoff method
                                                                Lab exhaust fans are required    only).
                                                                to be modeled as constant
                                                                horsepower, reflecting
                                                                constant volume stack
                                                                discharge with outside air
                                                                bypass.
4.................  90.1-2010e............  Appendix G.......  Updates language in Section      Neutral (whole
                                                                G3.1, part 5, ``Building         building
                                                                Envelope,'' to require that      performance
                                                                existing buildings use the       tradeoff method
                                                                same envelope baseline as new    only).
                                                                buildings with the exception
                                                                of fenestration area.
5.................  90.1-2010f............  Appendix G.......  Modifies Section G.3.1,          Neutral (whole
                                                                ``Building Envelope.''           building
                                                                Specifies the vertical           performance
                                                                fenestration area for            tradeoff method
                                                                calculating baseline building    only).
                                                                performance for new buildings
                                                                and additions.
6.................  90.1-2010g............  6. Heating,        Adds efficiency requirements     Neutral (adopts
                                             Ventilating, and   for commercial refrigerators,    Federal
                                             Air-Conditioning   freezers, and refrigeration      standards).
                                             and 12.            equipment. Table 6.8.1L and
                                             Normative          Table 6.8.1M (now Tables 6.8.1-
                                             References.        12 and 6.8.1-13 in Standard
                                                                90.1-2013) have been added,
                                                                which specify the energy use
                                                                limits for refrigerators and
                                                                freezers. The corresponding
                                                                references have also been
                                                                added in Chapter 12.
7.................  90.1-2010h............  6. Heating,        Modifies the minimum efficiency  Minor +
                                             Ventilating, and   standards for water-to-air       (increases
                                             Air-Conditioning.  heat pumps (water loop, ground   stringency of
                                                                water, and ground loop). The     existing
                                                                proposed cooling energy          requirements).
                                                                efficiency ratios (EERs) and
                                                                heating coefficients of
                                                                performance are more stringent
                                                                than the present values. Also
                                                                removes the small duct high
                                                                velocity heat pump product
                                                                class from Table 6.8.1B (now
                                                                Table 6.8.1-2 in Standard 90.1-
                                                                2013).
8.................  90.1-2010i............  6. Heating,        Increases the minimum            Minor +
                                             Ventilating, and   efficiency standards for         (increases
                                             Air-Conditioning   single-package vertical air      stringency of
                                             and 3.             conditioners (SPVAC) and         existing
                                             Definitions.       single-package vertical heat     requirements).
                                                                pumps (SPVHP). Also creates a
                                                                new product class for SPVAC
                                                                and SPVHP used in space-
                                                                constrained applications. This
                                                                new product class only applies
                                                                to non-weatherized products
                                                                with cooling capacities
                                                                h) and intended
                                                                to replace an existing air-
                                                                conditioning (AC) unit.
9.................  90.1-2010j............  6. Heating,        Modifies the minimum efficiency  Minor--(due to
                                             Ventilating, and   requirements of evaporatively    correction of
                                             Air-Conditioning.  cooled units, of size category   an error in the
                                                                240,000 Btu/h to 760,000 Btu/h   previous
                                                                and heating type-other, in       Standard).
                                                                Table 6.8.1A (now Table 6.8.1-
                                                                1 in Standard 90.1-2013). The
                                                                value is reduced to account
                                                                for increased pressure drop in
                                                                such system types. The product
                                                                class, small duct high
                                                                velocity air conditioner, has
                                                                been eliminated.
10................  90.1-2010k............  8. Power and 12.   Modifies notes to Table 8.1 and  Neutral (simply
                                             Normative          specifies that nominal           specifies
                                             References.        efficiencies would be            alternative
                                                                established in accordance with   rating
                                                                the 10 CFR 431 test procedure    standard).
                                                                for low-voltage dry-type
                                                                transformers. The
                                                                corresponding references have
                                                                also been added in Chapter 12.
11................  90.1-2010l............  6. Heating,        Clarifies fan power limitations  Neutral
                                             Ventilating, and   contained in Standard 90.1-      (editorial
                                             Air-Conditioning.  2010 that required the user to   correction).
                                                                perform calculations for fan
                                                                brake horsepower (bhp) even if
                                                                the simplified nameplate
                                                                horsepower (hp) option was
                                                                being used.
12................  90.1-2010m............  9. Lighting......  Adds some control requirements   Major + (adds
                                                                for lighting alterations, for    control
                                                                interior and exterior            requirements
                                                                applications. Adds a section     for lighting
                                                                for submittals and includes      alterations).
                                                                loading docks as a tradable
                                                                surface. Modifies the
                                                                provisions for additional
                                                                interior lighting power, which
                                                                would now be calculated on the
                                                                basis of controlled wattage.

[[Page 57904]]

 
13................  90.1-2010n............  10. Other          Clarifies that the total lumens  Neutral
                                             Equipment.         per watt for the entire          (clarification
                                                                elevator cab is required to      only).
                                                                meet the efficiency
                                                                requirement and that each
                                                                individual light source is not
                                                                required to meet the lumens
                                                                per watt value.
14................  90.1-2010o............  5. Building        Adds the definition for          Minor + (reduces
                                             Envelope and 3.    sectional garage doors. Also     air leakage in
                                             Definitions.       modifies Section 5.4.3.2 (d),    glazed
                                                                ``fenestration air leakage       sectional
                                                                provisions for doors,'' to       garage doors).
                                                                include requirements for
                                                                glazed sectional garage doors.
15................  90.1-2010p............  5. Building        Modifies Section 5.5.3.1 and     Neutral (simply
                                             Envelope and 12.   requires roof solar              specifies an
                                             Normative          reflectance and thermal          alternative
                                             References.        emittance testing to be in       rating
                                                                accordance with Cool Roof        standard).
                                                                Rating Council (CRRC)-1
                                                                Standard. Also modifies
                                                                Section 12 by adding the
                                                                reference for CRRC.
16................  90.1-2010q............  3. Definitions,    Modifies Section 3 by changing   Neutral
                                             5. Building        the definition of dynamic        (clarification
                                             Envelope, and      glazing to include glazing       only).
                                             12. Normative      systems or infill as well as
                                             References.        shading systems between
                                                                glazing layers and chromogenic
                                                                glazing. Also modifies Section
                                                                5.8.2.2 by clarifying the
                                                                requirements for labeling of
                                                                fenestration and door
                                                                products. The corresponding
                                                                references to National
                                                                Fenestration Rating Council
                                                                (NFRC) in Chapter 12 have also
                                                                been updated.
17................  90.1-2010r............  Appendix G and     Clarifies the requirements       Neutral (whole
                                             12. Normative      related to temperature and       building
                                             References.        humidity control in Appendix G   performance
                                                                and relocates all related        tradeoff method
                                                                wording to the ``Schedules''     only).
                                                                section of Table 3.1.
                                                                Additionally, clarity is
                                                                provided for modeling systems
                                                                that provide occupant thermal
                                                                comfort via means other than
                                                                directly controlling the air
                                                                dry-bulb and wet-bulb
                                                                temperature (i.e., radiant
                                                                cooling/heating, elevated air
                                                                speed, etc.). Permits the use
                                                                of ASHRAE Standard 55 for
                                                                calculation of Predicted Mean
                                                                Vote-Predicted Percentage
                                                                Dissatisfied (PMV-PPD). Also
                                                                updates the Normative
                                                                References by including a
                                                                reference to ASHRAE Standard
                                                                55-2010.
18................  90.1-2010s............  6. Heating,        Modifies the requirement for     Minor + (ensures
                                             Ventilating, and   the static pressure sensor       savings from
                                             Air-Conditioning.  location and the control         static pressure
                                                                requirements for setpoint        reset are
                                                                reset for systems with direct    achieved).
                                                                digital control (DDC) of
                                                                individual zones. Ensures that
                                                                savings from previously
                                                                required static pressure reset
                                                                will be realized.
19................  90.1-2010u............  6. Heating,        Adds new definition as Fan       Major + (applies
                                             Ventilating, and   Efficiency Grade (FEG) and       new
                                             Air-               requires each fan have a FEG     requirements to
                                             Conditioning, 3.   of 67 or higher as defined by    individual
                                             Definitions, and   Air Movement and Control         fans).
                                             12. Normative      Association (AMCA) 205-10,
                                             References.        ``Energy Efficiency
                                                                Classification for Fans''.
20................  90.1-2010v............  8. Power.........  Clarifies the requirement for    Neutral
                                                                controlled receptacles in open   (clarification
                                                                offices applications by          only).
                                                                changing the requirement to
                                                                the workstations themselves.
                                                                Also requires the
                                                                automatically controlled
                                                                receptacles to be
                                                                appropriately identified for
                                                                the user's benefit.
21................  90.1-2010w............  3. Definitions,    Adds definitions for on-site     Neutral (whole
                                             11. Energy Cost    renewable energy and purchased   building
                                             Budget Method,     energy. Clarifies the process    performance
                                             and Appendix G.    for accounting for on-site       tradeoff method
                                                                renewable energy and purchased   only).
                                                                energy as well as calculating
                                                                the annual energy costs in the
                                                                ECB approach and Appendix G.
22................  90.1-2010y............  3. Definitions     Revises the definitions of       Neutral (adopts
                                             and 10. Other      general purpose electric         Federal
                                             Equipment.         motors (subtype I & II) based    standards).
                                                                on information from NEMA. Also
                                                                updates the Standard to
                                                                include the new Federal energy
                                                                efficiency standards used in
                                                                HVAC equipment, to be in
                                                                effect from 2015. Adds Table
                                                                10.8D (now Table 10.8-4 in
                                                                Standard 90.1-2013), which
                                                                specifies minimum average full-
                                                                load efficiency for Polyphase
                                                                Small Electric Motors; and
                                                                Table 10.8E (now Table 10.8-5
                                                                in Standard 90.1-2013), which
                                                                specifies minimum average full-
                                                                load efficiency for Capacitor-
                                                                Start Capacitor-Run and
                                                                Capacitor-Start Induction-Run
                                                                Small Electric Motors.
23................  90.1-2010z............  6. Heating,        Relocates the requirements for   Neutral
                                             Ventilating, and   water economizers into the       (editorial
                                             Air-Conditioning.  main economizer section,         only).
                                                                Section 6.5.1.5.

[[Page 57905]]

 
24................  90.1-2010aa...........  6. Heating,        Eliminates the contingency on    Minor +
                                             Ventilating, and   DDC system existence for         (requires
                                             Air-Conditioning   setpoint overlap restrictions,   additional HVAC
                                             and 3.             humidification and               controls).
                                             Definitions.       dehumidification controls,
                                                                variable air volume (VAV) fan
                                                                control setpoint reset,
                                                                multiple-zone VAV system
                                                                ventilation optimization
                                                                control, hydronic system
                                                                differential pressure reset by
                                                                valve position. Instead
                                                                specifies for what system
                                                                types or sizes DDC is required
                                                                in new buildings and
                                                                alterations. Also specifies
                                                                minimal functional
                                                                requirements for DDC systems.
                                                                (Prior to this addendum
                                                                certain controls requirements
                                                                were only required when the
                                                                controls were provided by a
                                                                DDC system).
25................  90.1-2010ad...........  12. Normative      Adds reference to specific       Neutral (updates
                                             References.        addenda to Air-Conditioning,     references
                                                                Heating, and Refrigeration       only).
                                                                Institute (AHRI) standards 340/
                                                                360 and 1230 being referenced.
26................  90.1-2010ae...........  12. Normative      Adds reference to specific       Neutral (updates
                                             References.        addenda to AHRI standards 210/   references
                                                                240 and 550/590 being            only).
                                                                referenced.
27................  90.1-2010af...........  6. Heating,        Modifies heat rejection          Minor + (reduces
                                             Ventilating, and   equipment (cooling tower)        cooling tower
                                             Air-Conditioning.  requirements to require that     energy usage).
                                                                variable speed drive
                                                                controlled fans operate all
                                                                fans at the same speed instead
                                                                of sequencing them, and
                                                                require that open-circuit
                                                                towers with multiple cells
                                                                operate all cells in parallel
                                                                down to 50% of design flow.
28................  90.1-2010ag...........  Appendix G and     Establishes a method for         Neutral (whole
                                             12. Normative      gaining credit in Appendix G     building
                                             References.        for buildings that undergo       performance
                                                                whole building air leakage       tradeoff method
                                                                testing to demonstrate that      only).
                                                                they have an airtight building.
29................  90.1-2010ah...........  Appendix G.......  Sets system sizing requirements  Neutral (whole
                                                                in Appendix G for humid          building
                                                                climates based on humidity       performance
                                                                ratio instead of supply air      tradeoff method
                                                                temperature differential. Sets   only).
                                                                baseline system
                                                                dehumidification requirements.
30................  90.1-2010ai...........  Appendix G.......  Modifies Appendix G to account   Neutral (whole
                                                                for three prescriptive addenda   building
                                                                that were incorporated into      performance
                                                                Standard 90.1-2010, but did      tradeoff method
                                                                not make it into Appendix G in   only).
                                                                time for publication. Updates
                                                                economizer requirements to
                                                                match addendum cy, establishes
                                                                baseline transformer
                                                                efficiency requirements to
                                                                match addendum o, and
                                                                establishes path A for
                                                                centrifugal chiller baselines
                                                                from addendum m.
31................  90.1-2010aj...........  6. Heating,        Requires fractional horsepower   Minor + (reduces
                                             Ventilating, and   motors >=1/12 hp to be           fractional
                                             Air-Conditioning.  electronically commutated        horsepower
                                                                motors or have a minimum 70%     motor energy
                                                                efficiency in accordance with    usage).
                                                                10 CFR 431. Also requires
                                                                adjustable speed or other
                                                                method to balance airflow.
32................  90.1-2010al...........  Appendix G.......  Establishes a consistent fuel    Neutral (whole
                                                                source for space heating for     building
                                                                baseline systems based on        performance
                                                                climate zone. Establishes a      tradeoff method
                                                                consistent fuel source for       only).
                                                                service water heating (SWH)
                                                                based on building type.
33................  90.1-2010am...........  6. Heating,        Establishes minimum turndown     Major + (reduces
                                             Ventilating, and   for boilers and boiler plants    energy usage
                                             Air-Conditioning.  with design input power of at    for large
                                                                least 1,000,000 Btu/h.           boilers).
34................  90.1-2010an...........  Appendix C.......  Rewrites entire Appendix C to    Neutral
                                                                use a simulation based           (alternative
                                                                approach for envelope            compliance
                                                                tradeoffs.                       method only).
35................  90.1-2010ap...........  6. Heating,        Adds power usage effectiveness   Neutral
                                             Ventilating, and   (PUE) as an alternative          (alternative
                                             Air-Conditioning   compliance methodology for       compliance
                                             and 3.             data centers.                    method only).
                                             Definitions.
36................  90.1-2010aq...........  6. Heating,        Expands the requirements for     Major + (reduces
                                             Ventilating, and   fan speed control for both       fan energy
                                             Air-Conditioning   chilled water and unitary        usage).
                                             and 11. Energy     direct expansion systems. In
                                             Cost Budget.       addition enhances the
                                                                requirements for integrated
                                                                economizer control and defines
                                                                direct expansion unit capacity
                                                                staging requirements.
37................  90.1-2010ar...........  6. Heating,        Adds mandatory and prescriptive  Neutral (adopts
                                             Ventilating, and   requirements for walk-in         Federal
                                             Air-Conditioning   coolers and freezers and         standards).
                                             and 3.             refrigerated display cases.
                                             Definitions.
38................  90.1-2010as...........  6. Heating,        Requires humidifiers mounted in  Minor + (reduces
                                             Ventilating, and   the airstream to have an         humidification
                                             Air-Conditioning.  automatic control valve          energy usage).
                                                                shutting off preheat when
                                                                humidification is not
                                                                required, and insulation on
                                                                the humidification system
                                                                dispersion tube surface.
                                                                (Avoidance of simultaneous
                                                                heating and cooling at air-
                                                                handling unit).

[[Page 57906]]

 
39................  90.1-2010at...........  3. Definitions,    Deletes the term ``clerestory''  Neutral
                                             5. Building        and instead adds ``roof          (clarification
                                             Envelope, and 9.   monitor'' and clarifies the      only).
                                             Lighting.          definition. Changes the
                                                                references in Chapters 5 and 9
                                                                from clerestory to roof
                                                                monitor.
40................  90.1-2010au...........  6. Heating,        Modifies Table 6.5.3.1.1B,       Minor +
                                             Ventilating, and   which addresses fan power        (restricts
                                             Air-Conditioning.  limitation pressure drop         sound
                                                                adjustment credits. Deductions   attenuation
                                                                from allowed fan power are       credit and adds
                                                                added for systems without any    deductions for
                                                                central heating or cooling as    certain
                                                                well as systems with electric    systems).
                                                                resistance heating. Sound
                                                                attenuation credit is modified
                                                                to be available only when
                                                                there are background noise
                                                                criteria requirements.
41................  90.1-2010av...........  6. Heating,        Modifies Section 6.5.1,          Minor + (reduces
                                             Ventilating, and   exception k, applicable to       number of
                                             Air-Conditioning.  Tier IV data centers, to make    exceptions).
                                                                economizer exceptions more
                                                                stringent and in agreement
                                                                with ASHRAE TC 9.9.
42................  90.1-2010aw...........  11. Energy Cost    Updates the reference year for   Neutral (whole
                                             Budget and         ASHRAE Standard 140 and          building
                                             Appendix G.        exempts software used for ECB    performance
                                                                and Appendix G compliance from   tradeoff method
                                                                having to meet certain           only).
                                                                sections of ASHRAE Standard
                                                                140.
43................  90.1-2010ax...........  Appendix G.......  Modifies Table G3.1, Part 14 of  Neutral (whole
                                                                Appendix G to exclude the        building
                                                                condition that permits a         performance
                                                                building surface, shaded by an   tradeoff method
                                                                adjacent structure, to be        only).
                                                                simulated as north facing if
                                                                the simulation program is
                                                                incapable of simulating
                                                                shading by adjacent structures.
44................  90.1-2010ay...........  3. Definitions     Modifies daylighting             Minor +
                                             and 9. Lighting.   requirements. Modifies           (requires
                                                                definitions for daylight area    additional
                                                                under skylights, daylight area   controls).
                                                                under roof monitors, primary
                                                                sidelight area, and secondary
                                                                sidelight area. Changes the
                                                                criterion for applying
                                                                automatic daylighting control
                                                                for sidelighting and
                                                                toplighting to a controlled
                                                                lighting power basis and
                                                                provides characteristics for
                                                                the required photo controls.
                                                                Adds control requirements for
                                                                secondary sidelighted areas.
                                                                Modifies Table 9.6.2 to
                                                                include continuous dimming in
                                                                secondary sidelighted areas,
                                                                which is now based on an
                                                                installed wattage rather than
                                                                area of the space. Eliminates
                                                                the need for effective
                                                                aperture calculation.
45................  90.1-2010az...........  6. Heating,        Increases the minimum            Minor +
                                             Ventilating, and   efficiency of open circuit       (increase
                                             Air-Conditioning.  axial fan cooling towers. An     efficiency of
                                                                additional requirement has       cooling
                                                                been added for all types of      towers).
                                                                cooling towers which states
                                                                that the minimum efficiency
                                                                requirements applies to the
                                                                tower including the capacity
                                                                effect of accessories which
                                                                affect thermal performance. An
                                                                additional footnote clarifies
                                                                that the certification
                                                                requirements do not apply to
                                                                field erected cooling towers.
46................  90.1-2010ba...........  6. Heating,        Adds requirements for door       Minor + (reduces
                                             Ventilating, and   switches to disable or reset     heating and
                                             Air-Conditioning.  mechanical heating or cooling    cooling when
                                                                when doors without automatic     doors are left
                                                                door closers are left open.      open).
47................  90.1-2010bb...........  3. Definitions,    Modifies the building envelope   Major +
                                             5. Building        requirements for opaque          (increases
                                             Envelope, 11.      assemblies and fenestration in   stringency of
                                             Energy Cost        tables 5.5.1 through 5.5.8.      building
                                             Budget Method,     Adds and modifies text in        envelope
                                             and Appendix A.    Section 5. Adds new visible      requirements).
                                                                transmittance (VT) requirement
                                                                through Section 5.5.4.5. Also
                                                                updates the NFRC 301
                                                                reference, references in
                                                                Section 11, and modifies two
                                                                metal building roof assemblies
                                                                in Table A2.3.
48................  90.1-2010bc...........  9. Lighting......  Modifies requirements for        Minor +
                                                                automatic lighting control for   (requires
                                                                guestroom type spaces.           automatic
                                                                Exceptions to this requirement   control of
                                                                are lighting and switched        lighting and
                                                                receptacles controlled by        switched
                                                                captive key systems.             receptacles in
                                                                                                 hotel rooms).
49................  90.1-2010bd...........  9. Lighting......  Adds more specific requirements  Minor +
                                                                for the functional testing of    (improves
                                                                lighting controls,               functional
                                                                specifically, occupancy          testing of
                                                                sensors, automatic time          lighting
                                                                switches, and daylight           controls).
                                                                controls.
50................  90.1-2010be...........  9. Lighting......  Makes minor revisions to         Neutral
                                                                Section 9.7.2.2, which           (clarification
                                                                addresses the scope of the       only).
                                                                operating and maintenance
                                                                manuals required for lighting
                                                                equipment and controls.

[[Page 57907]]

 
51................  90.1-2010bf...........  8. Power.........  Addresses Section 8.4.2 on       Minor + (reduces
                                                                automatic receptacle control     plug loads).
                                                                and increases the spaces where
                                                                plug shutoff control is
                                                                required. Clarifies the
                                                                application of this
                                                                requirement for furniture
                                                                systems, lowers the threshold
                                                                for turn off from 30 to 20
                                                                minutes, states a labeling
                                                                requirement to distinguish
                                                                controlled and uncontrolled
                                                                receptacles and restricts the
                                                                use of plug-in devices to
                                                                comply with this requirement.
52................  90.1-2010bg...........  5. Building        Adds low-emissivity (low-E)      Minor +
                                             Envelope.          requirements for storm window    (requires low-E
                                                                retrofits.                       storm windows
                                                                                                 in retrofits).
53................  90.1-2010bh...........  9. Lighting......  Modifies Table 9.6.1 Space-By-   Minor + (overall
                                                                Space Lighting Power Density     lighting power
                                                                allowance.                       densities are
                                                                                                 reduced).
54................  90.1-2010bi...........  6. Heating,        Increases seasonal energy        Minor +
                                             Ventilating, and   efficiency ratio and heating     (increases
                                             Air-Conditioning.  seasonal performance factor      stringency of
                                                                for air-cooled commercial air    existing
                                                                conditioners and heat pumps      requirements).
                                                                below 65,000 Btu/h. (Effective
                                                                1/1/2015).
55................  90.1-2010bj...........  6. Heating,        Re-establishes the product       Neutral (re-
                                             Ventilating, and   class for small duct high        establishes
                                             Air-Conditioning.  velocity air conditioners and    efficiency
                                                                heat pumps. Adds efficiency      requirements
                                                                requirements for systems at      that do not
                                                                h below level of     meet the level
                                                                current Federal standards.       of Federal
                                                                                                 standards).
56................  90.1-2010bk...........  6. Heating,        Increases cooling efficiency     Minor +
                                             Ventilating, and   for packaged terminal air        (increases
                                             Air-Conditioning.  conditioners.                    stringency of
                                                                                                 existing
                                                                                                 requirements).
57................  90.1-2010bl...........  11. Energy Cost    Provides rules for removing fan  Neutral (whole
                                             Budget and         energy from efficiency metrics   building
                                             Appendix G.        when modeling in ECB or          performance
                                                                Appendix G.                      tradeoff method
                                                                                                 only).
58................  90.1-2010bn...........  8. Power and 10.   Establishes electric and fuel    Neutral
                                             Other Equipment.   metering requirements.           (metering by
                                                                                                 itself does not
                                                                                                 save energy).
59................  90.1-2010bo...........  7. Service Water   Requires buildings with SWH      Minor +
                                             Heating.           capacity >=1million Btu/h to     (requires large
                                                                have average thermal             new gas SWH
                                                                efficiency of at least 90%.      systems to have
                                                                Updates Table 7.8 to reflect     higher average
                                                                Federal requirements for         efficiency).
                                                                electric water heaters.
                                                                Updates the reference standard
                                                                for swimming pool water
                                                                heaters to ASHRAE Standard 146.
60................  90.1-2010bp...........  6. Heating,        Adds efficiency requirements     Minor + (adds
                                             Ventilating, and   (Btu/h-hp) to Table 6.8.1G       efficiency
                                             Air-Conditioning   (now Table 6.8.1-7 in Standard   requirements
                                             and 12.            90.1-2013) for evaporative       for new
                                             Normative          condensers with ammonia          products).
                                             References.        refrigerants.
61................  90.1-2010bq...........  6. Heating,        Adds prescriptive requirements   Major + (adds
                                             Ventilating, and   for the efficiency and           new efficiency
                                             Air-Conditioning   improved control of commercial   requirements
                                             and 3.             refrigeration systems.           for commercial
                                             Definitions.                                        refrigeration).
62................  90.1-2010br...........  10. Other          Updates motor efficiency tables  Neutral
                                             Equipment.                                          (implements
                                                                                                 Federal
                                                                                                 standards).
63................  90.1-2010bs...........  6. Heating,        Reduces occupancy threshold for  Minor + (reduces
                                             Ventilating, and   demand controlled ventilation    ventilation
                                             Air-Conditioning.  from greater than 40 people      energy usage).
                                                                per 1000 ft\2\ to equal to or
                                                                greater than 25 people per
                                                                1000 ft\2\ with exemptions for
                                                                certain occupancies.
64................  90.1-2010bt...........  6. Heating,        Reduces the system size and      Minor + (expands
                                             Ventilating, and   outdoor air thresholds at        the use of
                                             Air-Conditioning.  which energy recovery is         exhaust air
                                                                required. (Relaxed in some       energy recovery
                                                                climate zones.).                 to lower
                                                                                                 percent outdoor
                                                                                                 air).
65................  90.1-2010bv...........  5. Building        Reduces the area threshold at    Minor + (reduces
                                             Envelope.          which skylights and              lighting energy
                                                                daylighting controls are         usage).
                                                                required.
66................  90.1-2010bw...........  5. Building        Modifies orientation             Minor +
                                             Envelope and 11.   requirements and adds solar      (provides
                                             Energy Cost        heat gain coefficient tradeoff.  design
                                             Budget Method.                                      flexibility).

[[Page 57908]]

 
67................  90.1-2010bx...........  9. Lighting......  Clarifies exceptions to          Neutral
                                                                occupancy sensor requirements.   (clarification
                                                                                                 only).
68................  90.1-2010by...........  9. Lighting......  Significantly modifies the way   Major +
                                                                requirements are presented in    (requires more
                                                                Section 9. Requires the use of   controls in
                                                                certain lighting controls in     more spaces and
                                                                more space types. Reduces the    reduces time to
                                                                amount of time after occupants   reduction or
                                                                vacate a space for lights to     shutoff).
                                                                be automatically reduced or
                                                                shut off. Establishes table of
                                                                lighting controls applicable
                                                                to each space type.
69................  2007 90.1bz...........  8. Power.........  Adds a Section 8.4.2, which      Neutral
                                                                specifies requirements for       (metering by
                                                                installation of basic            itself does not
                                                                electrical metering of major     save energy).
                                                                end uses (total electrical
                                                                energy, HVAC systems, interior
                                                                lighting, exterior lighting
                                                                and receptacle circuits) to
                                                                provide basic reporting of
                                                                energy consumption data to
                                                                building occupant.
70................  90.1-2010ca...........  6. Heating,        Adds control requirements for    Minor + (reduces
                                             Ventilating, and   heating systems in vestibules.   vestibule
                                             Air-Conditioning.                                   heating energy
                                                                                                 usage).
71................  90.1-2010cb...........  6. Heating,        Revises night setback            Minor + (expands
                                             Ventilating, and   requirements to a reset of 10    heating and
                                             Air-Conditioning.  [deg]F heating and 5 [deg]F      cooling
                                                                cooling and removes exceptions   setbacks).
                                                                for climate zones. Changes
                                                                optimum start requirement from
                                                                >10,000 cubic feet per minute
                                                                to any DDC system and adds a
                                                                requirement that outside air
                                                                temperature be used in optimum
                                                                algorithms.
72................  90.1-2010cc...........  6. Heating,        Adds efficiency requirements     Minor + (adds
                                             Ventilating, and   (Btu/h-hp) to Table 6.8.1G       efficiency
                                             Air-Conditioning.  (now Table 6.8.1-7 in Standard   requirements
                                                                90.1-2013) for evaporative       for new
                                                                condensers with R-507A.          products).
73................  90.1-2010cd...........  6. Heating,        Provides definition for          Neutral
                                             Ventilating, and   ``piping'' to include all        (editorial
                                             Air-               accessories in series with       only).
                                             Conditioning, 7.   pipe such as pumps, valves,
                                             Service Water      strainers, air separators,
                                             Heating, and 3.    etc. This is meant to clarify
                                             Definitions.       that these accessories need to
                                                                be insulated.
74................  90.1-2010ce...........  Appendix G.......  Establishes a baseline system    Neutral (whole
                                                                type for retail occupancies      building
                                                                less than three stories in       performance
                                                                Appendix G.                      tradeoff method
                                                                                                 only).
75................  90.1-2010cf...........  Appendix G.......  Establishes baseline window-to-  Neutral (whole
                                                                wall ratio in Appendix G for     building
                                                                strip malls.                     performance
                                                                                                 tradeoff method
                                                                                                 only).
76................  90.1-2010cg...........  11. Energy Cost    Modifies the simulation          Neutral (whole
                                             Budget and         requirements for modeling        building
                                             Appendix G.        mandatory automatic              performance
                                                                daylighting controls as well     tradeoff method
                                                                as automatic lighting            only).
                                                                controls. Also modifies the
                                                                simulation requirements for
                                                                automatic lighting controls in
                                                                the proposed design, beyond
                                                                the minimum mandatory
                                                                requirements. Table G3.2,
                                                                which provided power
                                                                adjustment percentages for
                                                                automatic lighting controls,
                                                                has been deleted and savings
                                                                through automatic control
                                                                devices are now required to be
                                                                modeled in building simulation
                                                                through schedule adjustments
                                                                for the proposed design or by
                                                                lighting power adjustments
                                                                defined in Table 9.6.3.
77................  90.1-2010ch...........  6. Heating,        Increases air- and water-cooled  Minor +
                                             Ventilating, and   chiller efficiencies in Table    (increases
                                             Air-Conditioning.  6.8.1C (now Table 6.8.1-3 in     stringency of
                                                                Standard 90.1-2013). Exempts     existing
                                                                water-cooled positive            requirements).
                                                                displacement chillers with
                                                                leaving condenser temperature
                                                                >=115 [deg]F (typically heat
                                                                reclaim chillers).
78................  90.1-2010ci...........  3. Definitions,    Modifies requirements for the    Neutral (whole
                                             11. Energy Cost    cooling tower fans in Chapter    building
                                             Budget, and        11 baseline simulations, from    performance
                                             Appendix G.        two-speed to variable speed. A   tradeoff method
                                                                formula has been specified to    only).
                                                                calculate the condenser water
                                                                design supply temperature.
                                                                Similar revisions have been
                                                                made to Appendix G for the
                                                                cooling tower requirements.
                                                                Definitions for cooling design
                                                                wet-bulb temperature and
                                                                evaporation design wet-bulb
                                                                temperature have been added to
                                                                Chapter 3.
79................  90.1-2010cj...........  Appendix G.......  Creates modeling rules for       Neutral (whole
                                                                computer rooms in Appendix G.    building
                                                                                                 performance
                                                                                                 tradeoff method
                                                                                                 only).

[[Page 57909]]

 
80................  90.1-2010ck...........  6. Heating,        Requires VAV dual maximum        Minor +
                                             Ventilating, and   damper position when DDC         (requires dual
                                             Air-Conditioning.  system is present and            maximum control
                                                                clarifies dual maximum           for VAV zones
                                                                sequence.                        with DDC.
81................  90.1-2010cl...........  6. Heating,        Increases integrated energy      Minor +
                                             Ventilating, and   efficiency ratio requirements    (increases
                                             Air-Conditioning.  for air-cooled air               stringency of
                                                                conditioners and heat pumps      existing
                                                                and EER requirements for water   requirements).
                                                                and evaporatively cooled air
                                                                conditioners and heat pumps in
                                                                Tables 6.8.1A and B (now
                                                                Tables 6.8.1-1 and 6.8.1-2 in
                                                                Standard 90.1-2013).
82................  90.1-2010cm...........  5. Building        Clarifies how to interpret the   Neutral
                                             Envelope.          use of dynamic glazing           (clarification
                                                                products given the               only).
                                                                requirements in Addendum bb
                                                                (envelope requirements).
83................  90.1-2010cn...........  Appendix G.......  Establishes modeling rules for   Neutral (whole
                                                                laboratories with 100% outside   building
                                                                air in Appendix G.               performance
                                                                                                 tradeoff method
                                                                                                 only).
84................  90.1-2010co...........  9. Lighting......  Comprehensive update of LPDs in  Major +
                                                                Table 9.5.1--Building Area       (decreases LPD
                                                                Method.                          in most
                                                                                                 building
                                                                                                 types).
85................  90.1-2010cp...........  5. Building        Corrects non-residential U-      Minor +
                                             Envelope.          factor and R value               (increases R
                                                                requirements for steel joist     value
                                                                floors in CZ3.                   requirements
                                                                                                 for steel joist
                                                                                                 floors).
86................  90.1-2010cr...........  9. Lighting and    Makes a number of adjustments    Minor + (plus on
                                             12. Normative      to Table 9.6.1, Space-by-space   retail
                                             References.        LPD.                             outweighs some
                                                                                                 negatives on
                                                                                                 other building
                                                                                                 types).
87................  90.1-2010ct...........  Appendix G.......  Identifies heated only storage   Neutral (whole
                                                                systems 9 and 10 in Appendix G   building
                                                                as being assigned one system     performance
                                                                per thermal zone.                tradeoff method
                                                                                                 only).
88................  90.1-2010cv...........  Appendix G.......  Establishes baseline system      Neutral (whole
                                                                types in Appendix G for          building
                                                                Assembly occupancies.            performance
                                                                                                 tradeoff method
                                                                                                 only).
89................  90.1-2010cy...........  6. Heating,        Reduces the design supply fan    Minor + (applies
                                             Ventilating, and   air flow rate for which energy   energy recovery
                                             Air-Conditioning.  recovery is required for         requirements to
                                                                systems that operate more than   smaller fan
                                                                8,000 hours per year.            systems).
90................  90.1-2010cz...........  6. Heating,        Increases boiler efficiency for  Neutral (adopts
                                             Ventilating, and   residential sized (National      Federal
                                             Air-Conditioning.  Appliance Energy Conservation    standards).
                                                                Act covered) equipment, h.
91................  90.1-2010da...........  5. Building        Relaxes air leakage              Minor--(relaxes
                                             Envelope.          requirements for high-speed      air leakage
                                                                doors for vehicle access and     requirements
                                                                material transport.              for high-speed
                                                                                                 doors).
92................  90.1-2010db...........  5. Building        Corrects residential U-factor    Minor--(relaxes
                                             Envelope.          and R-value requirements for     steel joist
                                                                steel joist floors in CZ3.       floor
                                                                                                 requirements in
                                                                                                 CZ3).
93................  90.1-2010dc...........  9. Lighting......  Clarifies automatic lighting     Neutral
                                                                and switched receptacle          (clarification
                                                                control in guest rooms as        only).
                                                                applied to individual spaces.
94................  90.1-2010dd...........  5. Building        Clarifies roof insulation        Neutral
                                             Envelope and 3.    requirements, differentiating    (clarification
                                             Definitions.       between roof recovering (on      only).
                                                                top of existing roof covering)
                                                                and replacement of roof
                                                                covering.
95................  90.1-2010de...........  6. Heating,        Relaxes design requirements for  Minor--(relaxes
                                             Ventilating, and   waterside economizers for        economizer
                                             Air-Conditioning.  computer rooms.                  requirements
                                                                                                 for computer
                                                                                                 rooms).
96................  90.1-2010dg...........  12. Normative      Updates reference to ANSI/CRRC-  Neutral (updates
                                             References         l Standard 2012 (cool roof       references
                                             (related to 5.     ratings).                        only).
                                             Building
                                             Envelope).
97................  90.1-2010di...........  6. Heating,        Establishes limits on using      Minor + (reduces
                                             Ventilating, and   electric or fossil fuel to       humidification
                                             Air-Conditioning.  humidify or dehumidify between   energy usage).
                                                                30% and 60% relative humidity
                                                                except certain applications.
                                                                Requires deadband on humidity
                                                                controls.

[[Page 57910]]

 
98................  90.1-2010dj...........  9. Lighting......  Additional lighting power        Neutral
                                                                allowance for electrical/        (tradeoff of
                                                                mechanical rooms made            additional
                                                                available to match 2010 level    lighting power
                                                                provided there is separate       for additional
                                                                control for the additional       control).
                                                                lighting.
99................  90.1-2010dk...........  9. Lighting......  Eliminates the exemption for     Minor + (trades
                                                                wattage used in spaces where     blanket
                                                                lighting is specifically         exemption for
                                                                designed for those with age-     more targeted
                                                                related eye conditions or        LPD increases).
                                                                other medical conditions
                                                                related to the eye, where
                                                                special lighting or light
                                                                levels might be needed.
100...............  90.1-2010dl...........  9. Lighting......  Modifies hotel and motel guest   Minor + (new
                                                                room LPD.                        average LPD
                                                                                                 less than
                                                                                                 previous
                                                                                                 requirements).
101...............  90.1-2010dm...........  5. Building        Modifies Section 5.4.3.4 for     Minor + (reduces
                                             Envelope.          vestibules. Adds a size limit    vestibule
                                                                for large buildings,             energy usage).
                                                                exemptions for semi-heated
                                                                spaces and elevator lobbies in
                                                                parking garages.
102...............  90.1-2010dn...........  6. Heating,        Reduces the limits on hot gas    Minor + (reduces
                                             Ventilating, and   bypass as a means of cooling     hot gas
                                             Air-Conditioning.  capacity control.                bypass).
103...............  90.1-2010do...........  12. Normative      Updates references to AHRI 550,  Neutral (updates
                                             References         AMCA 500, ANSI Z21.10.3 and      references
                                             (related to 6.     Z21.47, ASHRAE 90.1 and 62.1,    only).
                                             Heating,           NEMA MG 1, and NFPA 70 and 96.
                                             Ventilating, and
                                             Air-
                                             Conditioning).
104...............  90.1-2010dp...........  3. Definitions     Corrects the definition of walk- Neutral
                                             (related to 6.     in-cooler to be consistent       (editorial
                                             Heating,           with Federal requirements.       only).
                                             Ventilating, and
                                             Air-
                                             Conditioning).
105...............  90.1-2010dq...........  6. Heating,        Deletes sizing requirements for  Minor--(eliminat
                                             Ventilating, and   pipes >24'' in diameter.         es sizing
                                             Air-Conditioning.                                   requirements
                                                                                                 for pipes above
                                                                                                 24'' in
                                                                                                 diameter).
106...............  90.1-2010dr...........  3. Definitions     Clarifies definition of          Neutral
                                             (related to 5.     building entrances to exclude    (clarification
                                             Building           electrical room, mechanical      only).
                                             Envelope).         rooms, and other utility
                                                                service entrances.
107...............  90.1-2010ds...........  5. Building        Revises the definitions of       Neutral
                                             Envelope and 3.    ``primary sidelighted area,''    (editorial
                                             Definitions.       ``secondary sidelighted          only).
                                                                area,'' and ``sidelighting
                                                                effective area'' to use the
                                                                term ``vertical fenestration''
                                                                instead of ``window'' to
                                                                clarify that glazed doors and
                                                                other fenestration products
                                                                are included as well as
                                                                windows. Additionally, the
                                                                definition of ``daylight area
                                                                under rooftop monitors'' is
                                                                corrected to include the
                                                                spread of light beyond the
                                                                width of the rooftop monitor
                                                                glazing.
108...............  90.1-2010dt...........  9. Lighting......  Adds exceptions for control of   Minor +
                                                                exterior lighting integral to    (expansion of
                                                                signage. Requires certain        requirement to
                                                                types of exterior lighting       all signage may
                                                                exempt from LPD requirements     outweigh
                                                                to be separately controlled.     addition of
                                                                                                 exception).
109...............  90.1-2010dv...........  6. Heating,        Establishes chiller and boiler   Minor + (reduces
                                             Ventilating, and   fluid flow isolation             off hour
                                             Air-Conditioning.  requirements so there is no      chiller and
                                                                flow through the equipment       boiler energy
                                                                when not in use.                 use).
110...............  90.1-2010dw...........  6. Heating,        Revises high limit shutoff for   Minor + (adds
                                             Ventilating, and   air economizers. Add sensor      sensor accuracy
                                             Air-Conditioning.  accuracy requirements.           requirements).
----------------------------------------------------------------------------------------------------------------

    KEY: The following terms are used to characterize the effect of 
individual addenda on energy efficiency (as contained in the above 
table): Major + indicates that an addendum is anticipated to 
significantly improve energy efficiency; Minor + indicates that an 
addendum may improve energy efficiency in specific applications, 
Neutral indicates that an addenda is not anticipated to impact energy 
efficiency; and Minor - indicates that an addendum may increase energy 
use in certain applications.
---------------------------------------------------------------------------

    \5\ Addenda as designated by ASHRAE and included in Standard 
90.1-2013.
---------------------------------------------------------------------------

    Table IV.2 summarizes the overall impact of the addenda in the 
qualitative analysis. Overall, the sum of the major positive and minor 
positive addenda (i.e., 52 addenda) greatly overwhelms the number of 
minor negative addenda (i.e., five addenda), leading to the qualitative 
conclusion that the overall impact of the addenda on the Standard is 
positive.

[[Page 57911]]

                                          Table IV.2--Overall Summary of Addenda Impact in Qualitative Analysis
--------------------------------------------------------------------------------------------------------------------------------------------------------
                           Major negative                             Minor negative      Neutral       Minor positive   Major positive       Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
None...............................................................               5               53               44                8              110
--------------------------------------------------------------------------------------------------------------------------------------------------------

Quantitative Analysis

    The quantitative analysis of Standard 90.1-2013 was carried out 
using whole-building energy simulations of buildings designed to meet 
the requirements of Standard 90.1-2010 and Standard 90.1-2013. DOE 
simulated 16 representative building types across 15 U.S. climate 
locations, with locations selected to be representative of all U.S. 
climate zones, as defined by Standard 90.1-2010 and Standard 90.1-2013 
(climate zone criteria unchanged between the 2010 and 2013 editions). 
In addition, energy use intensities (EUIs) by fuel type and by end-use 
were extracted for each building type, and weighted by the relative 
square footage of construction (represented by that building type in 
each of the 15 climate regions) based on the McGraw Hill Construction 
(MHC) Projects Starts Database.\6\ The data is commonly used by other 
Federal agencies, such as the U.S. Census Bureau, the Federal Reserve, 
and the U.S. Department of Health and Human Services (HHS), to 
characterize U.S. building construction. In addition, the MHC database 
identifies multi-family residential buildings that would be covered 
under the scope of Standard 90.1.
---------------------------------------------------------------------------

    \6\ Based on McGraw Hill Construction Projects Starts Database; 
see Weighting Factors for the Commercial Building Prototypes Used in 
the Development of ANSI/ASHRAE/IESNA Standard 90.1-2010 by Jarnagin, 
RE and GK Bandyopadhyay. 2010. PNNL-19116, Pacific Northwest 
National Laboratory, Richland, WA. Available at http://www.pnl.gov/
main/publications/external/technicalreports/PNNL-19116.pdf.
---------------------------------------------------------------------------

    EUIs developed for each representative building type are weighted 
by total national square footage of each representative building type 
to estimate the difference between the national energy use in buildings 
constructed to the 2010 and 2013 editions of Standard 90.1. Note that 
the buildings types used in the quantitative analysis reflect 
approximately 80% of the total square footage of commercial 
construction, including multi-family buildings greater than three 
stories that are covered within the scope of ASHRAE Standard 90.1.
    The quantitative analysis of buildings designed to meet the 
requirements of Standard 90.1-2013 indicates national primary energy 
savings of approximately 8.5 percent of commercial building energy 
consumption (in comparison to Standard 90.1-2010). Site energy savings 
over Standard 90.1-2010 are estimated to be approximately 7.6 percent. 
Using national average fuel prices for electricity and natural gas, DOE 
also estimates a reduction in energy expenditures of 8.7 percent 
compared to Standard 90.1-2010.
    Table IV.3 and Table IV.4 show the energy use and associated 
savings resulting from Standard 90.1-2013 by building type and on an 
aggregated national basis. Further details on the quantitative analysis 
can be found in the full technical support document (TSD) \7\ available 
at http://www.energycodes.gov/regulations/determinations.
---------------------------------------------------------------------------

    \7\ Halverson et al., ANSI/ASHRAE/IES Standard 90.1-2013 
Determination of Energy Savings: Quantitative Analysis (PNNL, 
Richland, WA (US), July 2014), available at http://www.pnnl.gov/
main/publications/external/technicalreports/pnnl-23479.pdf.

                Table IV.3--Estimated Energy Use Intensity by Building Type (Standard 90.1-2010)
----------------------------------------------------------------------------------------------------------------
                                                                                Whole building EUI
                                                                 -----------------------------------------------
         Building type              Prototype       Floor area                      Source EUI
                                                     (percent)    Site EUI (kBtu/  (kBtu/ft\2\-    ECI ($/ft\2\-
                                                                     ft\2\-yr)          yr)             yr)
----------------------------------------------------------------------------------------------------------------
Office........................  Small Office....            5.61            33.0           100.4           $0.99
                                Medium Office...            6.05            36.8           105.9            1.03
                                Large Office....            3.33            71.9           210.7            2.06
Retail........................  Stand-Alone                15.25            53.4           142.9            1.38
                                 Retail.
                                Strip Mall......            5.67            60.4           164.1            1.58
Education.....................  Primary School..            4.99            59.0           151.1            1.44
                                Secondary School           10.36            47.7           130.3            1.26
Healthcare....................  Outpatient                  4.37           120.0           324.3            3.13
                                 Health Care.
                                Hospital........            3.45           131.0           321.1            3.04
Lodging.......................  Small Hotel.....            1.72            63.6           148.8            1.40
                                Large Hotel.....            4.95            96.7           217.7            2.03
Warehouse.....................  Non-Refrigerated           16.72            18.2            43.2            0.41
                                 Warehouse.
Food Service..................  Fast-Food                   0.59           591.5          1051.7            9.27
                                 Restaurant.
                                Sit-Down                    0.66           383.9           742.7            6.69
                                 Restaurant.
Apartment.....................  Mid-Rise                    7.32            46.3           131.4            1.28
                                 Apartment.
                                High-Rise                   8.97            50.4           124.9            1.19
                                 Apartment.
                                                 ---------------------------------------------------------------
    National..................  ................             100            58.5           148.9            1.42
----------------------------------------------------------------------------------------------------------------

                Table IV.4--Estimated Energy Use Intensity by Building Type (Standard 90.1-2013)
----------------------------------------------------------------------------------------------------------------
                                                                                Whole building EUI
                                                                 -----------------------------------------------
         Building type              Prototype       Floor area       Site EUI       Source EUI
                                                     (percent)     (kBtu/ft\2\-    (kBtu/ft\2\-   ECI  ($/ft\2\-
                                                                        yr)             yr)             yr)
----------------------------------------------------------------------------------------------------------------
Office........................  Small Office....            5.61            29.4            89.3           $0.88

[[Page 57912]]

 
                                Medium Office...            6.05            34.1            97.9            0.95
                                Large Office....            3.33            70.8           205.8            2.01
Retail........................  Stand-Alone                15.25            45.9           124.6            1.20
                                 Retail.
                                Strip Mall......            5.67            55.1           147.3            1.42
Education.....................  Primary School..            4.99            54.2           134.4            1.28
                                Secondary School           10.36            41.7           111.9            1.08
Healthcare....................  Outpatient                  4.37           115.8           311.8            3.00
                                 Health Care.
                                Hospital........            3.45           123.7           300.7            2.85
Lodging.......................  Small Hotel.....            1.72            60.0           137.6            1.29
                                Large Hotel.....            4.95            89.0           195.4            1.81
Warehouse.....................  Non-Refrigerated           16.72            17.1            40.6            0.38
                                 Warehouse.
Food Service..................  Fast-Food                   0.59           576.4          1001.9            8.78
                                 Restaurant.
                                Sit-Down                    0.66           372.5           713.5            6.41
                                 Restaurant.
Apartment.....................  Mid-Rise                    7.32            43.9           124.8            1.21
                                 Apartment.
                                High-Rise                   8.97            46.9           114.4            1.08
                                 Apartment.
                                                 ---------------------------------------------------------------
    National..................  ................             100            54.1           136.2            1.30
----------------------------------------------------------------------------------------------------------------

    Table IV.5 presents the estimated energy savings (based on percent 
change in EUI) associated with Standard 90.1-2013. Overall, the updated 
Standard is expected to increase the energy efficiency of commercial 
buildings, as represented in Table IV.5.

                                   Table IV.5--Quantitative Analysis Findings
----------------------------------------------------------------------------------------------------------------
                                                                     Savings in whole-building EUI  (percent)
         Building type              Prototype       Floor area   -----------------------------------------------
                                                     (percent)       Site EUI       Source EUI          ECI
----------------------------------------------------------------------------------------------------------------
Office........................  Small Office....            5.61            11.0            11.0            11.0
                                Medium Office...            6.05             7.4             7.5             7.5
                                Large Office....            3.33             1.4             2.4             2.5
Retail........................  Stand-Alone                15.25            13.9            12.8            12.6
                                 Retail.
                                Strip Mall......            5.67             8.8            10.2            10.5
Education.....................  Primary School..            4.99             8.1            11.0            11.5
                                Secondary School           10.36            12.6            14.1            14.4
Healthcare....................  Outpatient                  4.37             3.6             3.9             3.9
                                 Health Care.
                                Hospital........            3.45             5.6             6.4             6.5
Lodging.......................  Small Hotel.....            1.72             5.7             7.5             7.9
                                Large Hotel.....            4.95             8.0            10.2            10.7
Warehouse.....................  Non-Refrigerated           16.72             6.0             6.1             6.1
                                 Warehouse.
Food Service..................  Fast Food                   0.59             2.6             4.7             5.3
                                 Restaurant.
                                Sit-Down                    0.66             3.0             3.9             4.2
                                 Restaurant.
Apartment.....................  Mid-Rise                    7.32             5.4             5.1             5.0
                                 Apartment.
                                High-Rise                   8.97             6.9             8.4             8.7
                                 Apartment.
                                                 ---------------------------------------------------------------
    National..................  ................             100             7.6             8.5             8.7
----------------------------------------------------------------------------------------------------------------

V. Determination Statement

    Review and evaluation of the 2010 and 2013 editions of Standard 
90.1 indicate that there are significant differences between the two 
editions. Qualitative analysis of the updated Standard reveals that a 
majority of the addenda are anticipated to result in significant energy 
savings. In addition, quantitative analysis of the Standard indicates 
source and site energy savings of 8.5 percent and 7.6 percent, 
respectively. DOE has rendered the conclusion that Standard 90.1-2013 
will improve energy efficiency in commercial buildings, and, therefore, 
receives an affirmative determination under Section 304(b) of ECPA.

VI. State Certification

    Upon publication of this affirmative determination, each State is 
required to review and update, as necessary, the provisions of its 
commercial building energy code to meet or exceed the provisions of the 
2013 edition of Standard 90.1. (42 U.S.C. 6833(b)(2)(B)(i)) This action 
is required not later than 2 years from the date the final Notice of 
Determination is published in the Federal Register, unless an extension 
is provided.

State Review & Update

    DOE recognizes that some States do not have a State commercial 
building energy code, or have a State code that does not apply to all 
commercial buildings. If local building energy codes regulate 
commercial building design and construction (rather than a State code), 
the State must review and make all reasonable efforts to update, as 
authorized, those local codes to determine whether they meet or exceed 
the 2013 edition of Standard 90.1. States

[[Page 57913]]

may base their certifications on reasonable actions by units of 
general-purpose local government. Each such State must review the 
information obtained from the local governments, and gather any 
additional data and testimony in preparing its own certification.
    The applicability of any State revisions to new or existing 
buildings would be governed by the State building codes. States should 
be aware that the DOE considers high-rise (greater than three stories) 
multi-family residential buildings as commercial buildings for energy 
code purposes, as is consistent with the scope of Standard 90.1. 
Consequently, commercial buildings, for the purposes of certification, 
would include high-rise multi-family residential buildings, hotels, 
motels, and other transient residential building types of any height.

State Certification Statements

    Section 304(b) of ECPA, as amended, requires each State to certify 
to the Secretary of Energy that it has reviewed and updated the 
provisions of its commercial building energy code regarding energy 
efficiency to meet or exceed the Standard 90.1-2013. (42 U.S.C. 
6833(b)) The certification must include a demonstration that the 
provisions of the State's commercial building energy code regarding 
energy efficiency meets or exceeds Standard 90.1-2013. If a State 
intends to certify that its commercial building energy code already 
meets or exceeds the requirements of Standard 90.1-2013, the State 
should provide an explanation of the basis for this certification 
(e.g., Standard 90.1-2013 is incorporated by reference in the State's 
building code regulations). The chief executive of the State (e.g., the 
governor), or a designated State official (e.g., director of the State 
energy office, State code commission, utility commission, or equivalent 
State agency having primary responsibility for commercial building 
energy codes), would provide the certification to the Secretary. Such a 
designated State official would also provide the certifications 
regarding the codes of units of general purpose local government based 
on information provided by responsible local officials.
    The DOE Building Energy Codes Program tracks and reports State code 
adoption and certifications.\8\ Once a State has adopted a new 
commercial code, DOE typically provides software, training, and support 
for the new code as long as the new code is based on the national model 
code (i.e., ASHRAE Standard 90.1-2013). DOE has issued previous 
guidance on how it intends to respond to technical assistance requests 
related to implementation resources, such as building energy code 
compliance software. (79 FR 15112) DOE also recognizes that some States 
develop their own codes that are only loosely related to the national 
model codes, and DOE does not typically provide technical support for 
those codes. However, DOE does provide incentive funding (e.g., grants) 
to these States through various means, such as the State Energy 
Program. DOE does not prescribe how each State adopts and enforces its 
energy codes.
---------------------------------------------------------------------------

    \8\ Available at http://www.energycodes.gov/adoption/states.
---------------------------------------------------------------------------

Requests for Extensions

    Section 304(c) of ECPA requires that the Secretary permit an 
extension of the deadline for complying with the certification 
requirements described above, if a State can demonstrate that it has 
made a good faith effort to comply with such requirements and that it 
has made significant progress toward meeting its certification 
obligations. (42 U.S.C. 6833(c)) Such demonstrations could include one 
or both of the following: (1) a plan for response to the requirements 
stated in Section 304; or (2) a statement that the State has 
appropriated or requested funds (within State funding procedures) to 
implement a plan that would respond to the requirements of Section 304 
of ECPA. This list is not exhaustive. Requests are to be sent to the 
address provided in the ADDRESSES section above, or may be submitted to 
BuildingEnergyCodes@ee.doe.gov.

VII. Regulatory Review & Analysis

Review Under Executive Orders 12866 and 13563

    Today's action is not a significant regulatory action under Section 
3(f) of Executive Order 12866, ``Regulatory Planning and Review'' (58 
FR 51735). Accordingly, today's action was not reviewed by the Office 
of Information and Regulatory Affairs (OIRA) in the Office of 
Management and Budget (OMB). DOE has also reviewed this regulation 
pursuant to Executive Order 13563, issued on January 18, 2011. (76 FR 
3281). Executive Order 13563 is supplemental to and explicitly 
reaffirms the principles, structures, and definitions governing 
regulatory review established in Executive Order 12866.

Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires the 
preparation of an initial regulatory flexibility analysis for any rule 
that by law must be proposed for public comment, unless the agency 
certifies that the rule, if promulgated, will not have a significant 
economic impact on a substantial number of small entities. As required 
by Executive Order 13272, ``Proper Consideration of Small Entities in 
Agency Rulemaking'' (67 FR 53461), DOE published procedures and 
policies on February 19, 2003, to ensure that the potential impacts of 
its rules on small entities are properly considered during the 
rulemaking process. (68 FR 7990) DOE has also made its procedures and 
policies available on the Office of General Counsel Web site.\9\
---------------------------------------------------------------------------

    \9\ Available at http://energy.gov/gc/office-general-counsel.
---------------------------------------------------------------------------

    DOE has reviewed today's determination under the provisions of the 
Regulatory Flexibility Act and the procedures and policies published in 
February 2003. As part of this determination of improved energy 
efficiency, section 304 of ECPA requires States to undertake an 
assessment of their respective building codes. As such, the only 
entities directly regulated by this determination would be States. DOE 
does not believe that there will be any direct impacts on small 
entities, such as small businesses, small organizations, or small 
governmental jurisdictions.
    Based on the foregoing, DOE certifies that this determination would 
not have a significant economic impact on a substantial number of small 
entities. Accordingly, DOE has not prepared a regulatory flexibility 
analysis for this determination. DOE's certification and supporting 
statement of factual basis will be provided to the Chief Counsel for 
Advocacy of the Small Business Administration pursuant to 5 U.S.C. 
605(b).

Review Under the National Environmental Policy Act of 1969

    Today's action is covered under the Categorical Exclusion found in 
DOE's National Environmental Policy Act regulations at paragraph A.6 of 
appendix A to subpart D, 10 CFR part 1021. That Categorical Exclusion 
applies to actions that are strictly procedural, such as rulemaking 
establishing the administration of grants. Today's action is required 
by Title III of ECPA, as amended, which provides that whenever the 
Standard 90.1-1989, or any successor to that code, is revised, the 
Secretary must make a determination, not later than 12 months after 
such revision, whether the revised code would improve energy

[[Page 57914]]

efficiency in commercial buildings and must publish notice of such 
determination in the Federal Register. (42 U.S.C. 6833(b)(2)(A)) If the 
Secretary determines that the revision of Standard 90.1-1989, or any 
successor thereof, improves the level of energy efficiency in 
commercial buildings, then no later than 2 years after the date of the 
publication of such affirmative determination, each State is required 
to certify that it has reviewed and updated the provisions of its 
commercial building code regarding energy efficiency with respect to 
the revised or successor code. (42 U.S.C. 6833(b)(2)(B)(i)) If the 
Secretary makes a determination that the revised Standard will not 
improve energy efficiency in commercial buildings, then State 
commercial codes shall meet or exceed the last revised Standard for 
which the Secretary has made a positive determination. (42 U.S.C. 
6833(b)(2)(B)(ii)) Therefore, DOE has preliminarily determined that the 
Secretary's determination is not a major Federal action that would have 
direct environmental impacts. Accordingly, DOE has not prepared an 
environmental assessment or an environmental impact statement.

Review Under Executive Order 13132, ``Federalism''

    Executive Order 13132 (64 FR 43255) imposes certain requirements on 
agencies formulating and implementing policies or regulations that pre-
empt State law or that have federalism implications. Agencies are 
required to examine the constitutional and statutory authority 
supporting any action that would limit the policymaking discretion of 
the States and carefully assess the necessity for such actions. DOE has 
reviewed the statutory authority, and Congress found that:
    (1) Large amounts of fuel and energy are consumed unnecessarily 
each year in heating, cooling, ventilating, and providing domestic hot 
water for newly constructed residential and commercial buildings 
because such buildings lack adequate energy conservation features;
    (2) Federal voluntary performance standards for newly constructed 
buildings can prevent such waste of energy, which the Nation can no 
longer afford in view of its current and anticipated energy shortage;
    (3) The failure to provide adequate energy conservation measures in 
newly constructed buildings increases long-term operating costs that 
may affect adversely the repayment of, and security for, loans made, 
insured, or guaranteed by Federal agencies or made by federally insured 
or regulated instrumentalities; and
    (4) State and local building codes or similar controls can provide 
an existing means by which to ensure, in coordination with other 
building requirements and with a minimum of Federal interference in 
State and local transactions, that newly constructed buildings contain 
adequate energy conservation features. (42 U.S.C. 6831)
    Pursuant to Section 304(b) of ECPA, DOE is statutorily required to 
determine whether the most recent edition of Standard 90.1 would 
improve the level of energy efficiency in commercial buildings as 
compared to the previous edition. If DOE makes a positive 
determination, the statute requires each State to certify that it has 
reviewed and updated the provisions of its commercial building code 
regarding energy efficiency with respect to the revised or successor 
codes. (42 U.S.C. 6833(b)(2)(B)(i))
    Executive Order 13132 requires meaningful and timely input by State 
and local officials in the development of regulatory policies that have 
federalism implications unless funds necessary to pay the direct costs 
incurred by the State and local governments in complying with the 
regulation are provided by the Federal Government. (62 FR 43257) 
Pursuant to Section 304(e) of ECPA, the DOE Secretary is required to 
provide incentive funding to States to implement the requirements of 
section 304, and to improve and implement State residential and 
commercial building energy efficiency codes, including increasing and 
verifying compliance with such codes. In determining whether, and in 
what amount, to provide incentive funding, the Secretary must consider 
the actions proposed by the State to implement the requirements of this 
section, to improve and implement residential and commercial building 
energy efficiency codes, and to promote building energy efficiency 
through the use of such codes. (See 42 U.S.C. 6833(e)) Therefore, 
consultation with States and local officials regarding this 
determination was not required.
    However, DOE notes that State and local governments were invited to 
participate in the development Standard 90.1-2013. The ASHRAE Standard 
is developed in a national, ANSI-approved consensus process open to the 
public, and in which State and local governments may participate, along 
with the general public. The updated Standard is the product of a 
series of amendments to the prior edition of the Standard, with each 
addendum made available for public review with any interested party 
having the ability to submit comments. Comments on the addendum are 
received, reviewed, and resolved through an established process 
commonly utilized in generating industry consensus standards. Members 
of the Standard 90.1 project committee have included representatives of 
State and local governments. DOE believes that this process has given 
State and local jurisdictions extensive opportunity to comment and 
express any concerns on Standard 90.1-2013, the subject of this 
determination.
    On issuance of a determination that Standard 90.1-2013 would 
improve the energy efficiency of commercial buildings, ECPA requires 
each State to certify to the Secretary that it has reviewed and updated 
the provisions of its commercial building code regarding energy 
efficiency to meet or exceed the requirements of Standard 90.1-2013. 
DOE notes that ECPA sets forth this requirement for States. (42 U.S.C. 
6833(b)(2)(B)(i)) States are given broad freedom to either adopt 
Standard 90.1-2013 or develop their own code that meets or exceeds 
Standard 90.1-2013.

Review Under Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally 
requires Federal agencies to examine closely the impacts of regulatory 
actions on State, local, and tribal governments. Subsection 101(5) of 
Title I of that law defines a Federal intergovernmental mandate to 
include any regulation that would impose upon State, local, or tribal 
governments an enforceable duty, except a condition of Federal 
assistance or a duty arising from participating in a voluntary Federal 
program. Title II of that law requires each Federal agency to assess 
the effects of Federal regulatory actions on State, local, and tribal 
governments, in the aggregate, or to the private sector, other than to 
the extent such actions merely incorporate requirements specifically 
set forth in a statute. Section 202 of that title requires a Federal 
agency to perform an assessment of the anticipated costs and benefits 
of any rule that includes a Federal mandate that may result in costs to 
State, local, or tribal governments, or to the private sector, of $100 
million or more. Section 204 of that title requires each agency that 
proposes a rule containing a significant Federal intergovernmental 
mandate to develop an effective process for obtaining meaningful and 
timely input from elected officers of State, local, and tribal 
governments.
    Consistent with previous determinations, DOE has completed its

[[Page 57915]]

review, and concluded that impacts on state, local and tribal 
governments are less than the $100 million threshold specified in the 
Unfunded Mandates Act. Accordingly, no further action is required under 
the Unfunded Mandates Reform Act of 1995. Documentation supporting this 
review is contained in Appendix D of the Quantitative Analysis 
technical support document (TSD) \10\ available at http://www.energycodes.gov/regulations/determinations.
---------------------------------------------------------------------------

    \10\ Halverson et al., ANSI/ASHRAE/IES Standard 90.1-2013 
Determination of Energy Savings: Quantitative Analysis (PNNL, 
Richland, WA (US), June 2014), available at http://www.pnnl.gov/
main/publications/external/technicalreports/pnnl-23479.pdf.
---------------------------------------------------------------------------

Review Under the Treasury and General Government Appropriations Act of 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act of 1999 (Pub. L. 105-277) requires Federal agencies to issue a 
Family Policymaking Assessment for any rule that may affect family 
well-being. Today's action would not have any impact on the autonomy or 
integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

Review Under the Treasury and General Government Appropriations Act of 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by the 
Office of Management and Budget (OMB). Both OMB and DOE have published 
established relevant guidelines (67 FR 8452 and 67 FR 62446, 
respectively). DOE has reviewed today's action under the OMB and DOE 
guidelines, and has concluded that it is consistent with applicable 
policies in those guidelines.

Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' (66 FR 
28355), requires Federal agencies to prepare and submit to the OMB a 
Statement of Energy Effects for any proposed significant energy action. 
A ``significant energy action'' is defined as any action by an agency 
that promulgated or is expected to lead to promulgation of a final 
rule, and that: (1) Is a significant regulatory action under Executive 
Order 12866, or any successor order; and (2) is likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy; or (3) is designated by the Administrator of the OMB Office of 
Information and Regulatory Affairs (OIRA) as a significant energy 
action. For any proposed significant energy action, the agency must 
give a detailed statement of any adverse effects on energy supply, 
distribution, or use, should the proposal be implemented, and of 
reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use. Today's action would not have a 
significant adverse effect on the supply, distribution, or use of 
energy and is therefore not a significant energy action. Accordingly, 
DOE has not prepared a Statement of Energy Effects.

Review Under Executive Order 13175

    Executive Order 13175, ``Consultation and Coordination with Indian 
tribal Governments'' (65 FR 67249), requires DOE to develop an 
accountable process to ensure ``meaningful and timely input by tribal 
officials in the development of regulatory policies that have tribal 
implications.'' ``Policies that have tribal implications'' refers to 
regulations that have ``substantial direct effects on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.'' Today's action is 
not a policy that has ``tribal implications'' under Executive Order 
13175. DOE has reviewed today's action under Executive Order 13175 and 
has determined that it is consistent with applicable policies of that 
Executive Order.

    Issued in Washington, DC, on September 18, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2014-22882 Filed 9-25-14; 8:45 am]
BILLING CODE 6450-01-P
```