[6450-01-P]

DEPARTMENT OF ENERGY

10 CFR Part 431

[Docket Number: EERE-2007-BT-STD-0012]

RIN 1904-AB44

Energy Conservation Program for Commercial and Industrial Equipment:

Packaged Terminal Air Conditioner and Packaged Terminal Heat Pump Energy

Conservation Standards

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

ACTION: Finding ofNo Significant Impact: Energy Conservation Program for

Consumer Products

SUMMARY: The Energy Policy and Conservation Act, as amended (EPCA), (42

V.S.c. 6291, et seq.), establishes mandatory energy conservation standards for certain

commercial equipment covered by the American Society ofHeating, Refrigerating, and

Air-Conditioning Engineers (ASHRAE) and the Illuminating Engineering Society of

North America (IESNA) Standard 90.1, including packaged terminal air conditioners

(PTACs) and packaged termiua! beat pumps (PTHPs). EPCA states tbat tbe Department

ofEnergy (DOE) may prescribe amended standards for this equipment that exceed the

stringency of efficiency levels contained in amendments to ASHRAE Standard 90.1, only

if DOE detennines by rule that any such standard "would result in significant additional

EERE-2007-BT-STD-0012 COMMENT 33
conservation of energy and is technologically feasible and economically justified!' (42

V.S.C. 6313(a)(6)(A)(ii)(II)) This determination must be "supported by clear and

convincing evidence." Id. If DOE is unable to make such a determination, it must

establish an amended uniform national standard for the product at the minimum level

specified in the amended ASHRAEIIES Standard 90.1. (42 V.S.c. 6313(a)(6)(A)(ii)(I))

Based on an Environmental Assessment (EA), Chapter 16 of the final rule

Technical Support Document (TSD), DOE has determined that the adoption oftrial

standard level (TSL) A for standard size PTACs and PTHPs, and the efficiency levels in

ASHRAE Standard 90.1-1999 for non-standard size PTACs and PTHPs, as adopted by

the Final Rule entitled the "Energy Conservation Program for Commercial and Industrial

Equipment: Packaged Terminal Air Conditioner and Packaged Terminal Heat Pump

Energy Conservation Standards," would not be a major Federal action significantly

affecting the quality of the human environment within the meaning ofthe National

Environmental Policy Act of 1969 (NEPA). Therefore, an environmental impact

statement (EIS) is not required, and DOE is issuing this Finding of No Significant Impact

(FONS!).

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

U.S. Department ofEnergy, Resource Room of the Building Technologies Program, 950

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

and 4 p.m., Monday through Friday, except Federal holidays. You may also obtain

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

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EERE-2007-BT-STD-0012 COMMENT 33
Energy's website at:

http://www.eere.energy.govlbuildings/appliance_standards/commercial/packaged_ac_hp.

html.

FOR FURTHER INFORMATION CONTACT: Wes Anderson, Project Manager,

Energy Conservation Standards for Packaged Terminal Air Conditioners and Packaged

Terminal Heat Pumps, U.S. Department ofEnergy, Energy Efficiency and Renewable

Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue, SW,

Washington, DC 20585-0121. Phone: (202) 586-7335. E-mail:

Wes.Anderson@ee.doe.gov.

Forfurther information regarding the DOE NEPA process contact: Francine Pinto, Esq.,

or Michael Kido, Esq., U.S. Department ofEnergy, Office of General Counsel, GC-72,

1000 Independence Avenue, SW, Washington, DC 20585. Phone: (202) 586-9507. Email: Francine.Pinto@hq.doe.govorMichael.Kido@hq.doe.gov.

SUPPLEMENTARY INFORMATION:

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

energy conservation standards for packaged terminal air conditioners and heat pumps.

DOE is adopting TSL A for standard size PTACs and PTHPs and the efficiency levels in

ASHRAE Standard 90.1-1999 for non-standard size PTACs and PTHPs.

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

amended energy conservation standards for PTACs and PTHPs. The results are

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EERE-2007-BT-STD-0012 COMMENT 33
presented for each TSL DOE considered for standard size and non-standard size PTACs

and PTHPs. Each TSL is an alternative action and the environmental impacts of each

alternative are compared to what would be expected to happen if DOE adopted the

efficiency levels in ASHRAE Standard 90.1-1999 for PTACs and PTHPs.

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

from fossil·fueled electricity generation. All ofthe TSLs considered for the equipment

classes covered under this regulation would result in decreased fossil fuel use and in a

reduction in emissions. The energy conservation standards adopted in the final rule

would generally decrease air pollution by decreasing future energy demand. The

environmental impact analysis considers emissions of carbon dioxide (C02) and three

criteria pollutants- nitrogen oxides (NOx), sulfur dioxide (S02), and mercury (Hg). The

energy savings from amended energy conservation standards for PTACs and PTHPs are

expected to result in reduced power sector emissions ofCO2, NOx• and Hg. Reduced

NOx emissions could also provide an economic benefit in the fonn of emission allowance

credits. The environmental analysis shows projected emissions reductions resulting from

the final rule to be 1.06 million metric tons (Mt) of CO2, between 0.09 and 2.13 kilotons

(kt) ofNOX, and between 0 and 0.037 tons ofHg. See Table 16.7.1 ofthe EA.

Determination

Based upon the EA, DOE has detennined that the adoption ofTSL A for standard size

PTACs and PTHPs, and the efficiency levels in the ASHRAE Standard 90.1-1999 for

non-standard PTAC and PTHP, would not constitute a major Federal action significantly

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EERE-2007-BT-STD-0012 COMMENT 33
affecting the quality ofthe human environment, within the meaning ofNEPA. Therefore,

an EIS is not required. and DOE is issuing this FONSI.

Issued in Washington, DC, on November 7I 2008.

10 . Mi och

Acti lstant Secretary

Energy Efficiency and Renewable Energy

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EERE-2007-BT-STD-0012 COMMENT 33
MEMORANDUM FOR: JOHN F. MIZROCH

ACTING ASSISTANT SECRETARY

ENERGY EFF[CIENCY AND RENEWABLE ENERGY

FROM: DAVID E. RODGERS

DEPUTY ASS[STANT SECRETARY

FOR ENERGY EFFICIENCY

OFFICE OF TECHNOLOGY DEVELOPMENT

ENERGY EFFICIENCY AND RENEWABLE ENERGY

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

the Final Rule for Energy Conservation Standards for Packaged

Terminal Air Conditioners and Packaged Tennmal Heat Pumps

(RlN: 1904-AB44)

ISSUE: The Finding of No Significant Impact (FONS!) has been prepared for the Department

ofEnergy's (DOE) final rule titled, "Energy Conservation Program for Commercial and

Industrial Equipment: Packaged Terminal Air Conditioner and Packaged Terminal Heat Pump

Energy Conservation Standards," and must be submitted to the relevant rulemaking docket.

BACKGROUND:

• DOE prepared and submitted an Environmental Assessment (EA) that accompanied the

packaged terminal air conditioner (PTAC) and packaged terminal heat pump (PTHP) final

rule. The EA, which was contained in chapter 16 ofthe final rule technical support

document, was prepared pursuant to the National Environmental Policy Act of 1969

(NEPA) (42 U.S.C. 4321 el seq.), the regulations ofthe Council on Environmental Quality

(40 CFR Parts [500-1508), and DOE's regulations for compliance with NEPA (10 CFR

Part 102[).

• Additionally, DOE has determined that the adoption of trial standard level A for standard

size PTACs and PTHPs, and the efficiency levels in the American Society ofHeating,

Refrigerating, and Air-Conditioning Engineers Standard 90.1-1999 for non-standard size

PTACs and PTHPs as adopted by the final rule titled the "Energy Conservation Program

for Commercial and Industrial Equipment: Packaged Terminal Air Conditioner and

Packaged Tenninal Heat Pump Energy Conservation Standards," would not be a major

Federal action significantly affecting the quality ofthe human environment within the

meaning ofNEPA. Therefore, an environmental impact statement is not required, and

DOE should issue this FONSI.

SENSITIVITIES: DOE issued a fmal rule for this equipment on September 29, 2008, pursuant

to the consent decree in New York v. Bodman (Case No. 05 Civ. 7807) and Natural Resources

Defense Council v. Bodman (Case No. 05 Civ. 7808)

EERE-2007-BT-STD-0012 COMMENT 33
POLICY IMPACT: None.

URGENCY: The final rule was issued on September 29, 2008, and was published on October 7,

2008.

RECOMMENDATION: That you sign the attached FONSI for PTACsIPTHPS.

EERE-2007-BT-STD-0012 COMMENT 33