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[6450-01-P] 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket No. EERE-2008-BT-STD-0013] 

RIN 1904-AB83 

Energy Conservation Program for Certain Industrial Equipment: Energy 

Conservation Standards and Test Procedures for Commercial Heating, AirConditioning, and Water-Heating Equipment 

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

 

ACTION: Finding of No Significant Impact: Energy Conservation Program for Certain 

Industrial Equipment: Energy Conservation Standards and Test Procedures for 

Commercial Heating, Air-Conditioning, and Water-Heating Equipment 

SUMMARY: The Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.), as 

amended (EPCA), requires DOE to consider amending the existing Federal energy 

conservation standard for each type of equipment listed (generally, commercial water 

heaters, commercial packaged boilers, commercial air conditioning and heating 

equipment, and packaged terminal air conditioners and heat pumps), each time ASHRAE 

Standard 90.1, Energy Standard for Buildings Except Low-Rise Residential Buildings

(ASHRAE Standard 90.1 or, in context, Standard 90.1), is amended with respect to such 
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equipment. (42 U.S.C. 6313(a)(6)(A)) For each type of equipment, EPCA directs that if 

ASHRAE Standard 90.1 is amended, DOE must adopt amended energy conservation 

standards at the new efficiency level in ASHRAE Standard 90.1, unless clear and 

convincing evidence supports a determination that adoption of a more-stringent 

efficiency level as a national standard would produce significant additional energy 

savings and be technologically feasible and economically justified. (42 U.S.C. 

6313(a)(6)(A)(ii)) Based on an Environmental Assessment (EA), contained in Chapter 8 

of the final rule Technical Support Document (TSD), the U.S. Department of Energy 

(DOE) has determined that the adoption of amended energy conservation standards for 

commercial packaged boilers and new energy conservation standards for water-cooled 

and evaporatively-cooled commercial package air conditioners and heat pumps with a 

cooling capacity at or above 240,000 British thermal units per hour (Btu/h) and less than 

760,000 Btu/h as described in the final rule titled the “Energy Conservation Standards 

and Test Procedures for Commercial Heating, Air-Conditioning, and Water-Heating 

Equipment,” would not be a major Federal action significantly affecting the quality of the 

human environment within the meaning of the 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 (FONSI). 

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

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

L’Enfant Plaza, SW., 6th Floor, Washington, DC 20024, (202) 586-2945, between 9:00 

a.m. and 4:00 p.m., Monday through Friday, except Federal holidays. You may also 
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obtain copies of the final rule TSD from the Office of Energy Efficiency and Renewable 

Energy’s website at: 

http://www1.eere.energy.gov/buildings/appliance_standards/commercial/ashrae_products

_docs_meeting.html. 

FOR FURTHER INFORMATION CONTACT: Mohammed Khan, U.S. Department 

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

Program, Mailstop EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585-

0121. Telephone: (202) 586-7892. E-mail: Mohammed.Khan@ee.doe.gov. 

 Eric Stas or Michael Kido, U.S. Department of Energy, Office of the General 

Counsel, Mailstop GC–72, Forrestal Building, 1000 Independence Avenue, SW., 

Washington, DC 20585-0121. Telephone: (202) 586-5827 or (202) 586-8145. E-mail: 

Eric.Stas@hq.doe.gov or Michael.Kido@hq.doe.gov. 

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

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

of Energy, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 586-4600, or 

leave a message at (800) 472-2756. Additional information regarding DOE NEPA 

activities and access to many DOE NEPA documents are available on the Internet 

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

SUPPLEMENTARY INFORMATION: 
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Description of the Rulemaking Action: This rulemaking action involves the establishment 

of amended energy conservation standards for commercial packaged boilers and watercooled and evaporatively-cooled commercial package air conditioners and heat pumps 

with a cooling capacity at or above 240,000 Btu/h and less than 760,000 Btu/h. 

Specifically, DOE is adopting amended energy conservation standards for these two 

equipment types at the efficiency levels specified in ASHRAE Standard 90.1-2007. 

Standards for these products were found to be technologically feasible and economically 

justified. 

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

potential amended energy conservation standards for commercial packaged boilers. DOE 

also explained in the March 2009 NOPR that it did not analyze the economic and energy 

savings potential of amended national energy conservation standards for water-cooled 

and evaporatively-cooled commercial package air conditioners and heat pumps with a 

cooling capacity at or above 240,000 Btu/h and less than 760,000 Btu/h because there is 

no equipment currently being manufactured in this equipment class. The results are 

presented for each efficiency level DOE considered for commercial packaged boilers. 

Each efficiency level is an alternative action and the environmental impacts of each 

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

adopted (i.e., the “no action” alternative). 

The primary environmental impact of this final rule is decreased emissions of NOx, Hg, 

SO2 and CO2 from fossil fuel use and from fossil-fueled electricity generation. All of the 
efficiency levels considered for the equipment classes covered under this regulation

would result in decreased fossil fuel use and in a reduction in emissions ofthese

substances. The amended energy conservation standards adopted in the fInal rule would

generally decrease air pollution by decreasing future energy demand. The results ofthis

analysis in the EA show that neither the fInal rule nor the other efficiency levels lead to

emissions reductions of commercial packaged boilers that are substantial enough to

significantly affect the quality ofthe human environment. See Chapter 8 ofthe TSD

Table 8.2.1 through Table 8.2.4.

Determination

Based upon the EA, DOE has determined that the adoption ofthe amended energy

conservation standards for commercial packaged boilers and new energy conservation

standards for water-cooled and evaporatively-cooled commercial package air

conditioners and heat pumps with a cooling capacity at or above 240,000 BtuJh and less

than 760,000 BtuIh would not constitute a major Federal action significantly affecting the

quality ofthe human environment, within the meaning ofNEPA. Therefore, an EIS is not

required, and DOE is issuing this FONSI.

Issued in Washington, DC on

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Cathy Zoi

Assistant Se et

Energy Efficie cy and Renewable Energy

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