### 1 [ 6450-01-P] DEPARTMENT OF ENERGY 10 CFR Part 431 [Docket No. EERE-2008-BT-STD-0013] RIN 1904-AB83

Energy Conservation Program for C ertain Industrial Equipment: Energy Conservation Standards and Test Pro cedures for Commercial Heating, AirConditioning, and Water-Heating Equipment

AGENCY: Office of Energy Efficiency and Re newable 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-Conditioni ng, and Water-Heating Equipment

SUMMARY: The Energy Policy and Conservation Act (42 U.S.C. 6291 et seq .), as amended (EPCA), requires DOE to consid er amending the exis ting Federal energy conservation standard for each type of equi pment listed (generally, commercial water heaters, commercial packaged boilers, commercial air conditioning and heating equipment, and packaged terminal air condi tioners and heat pump s), 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

### 2 equipment. (42 U.S.C. 6313(a)(6)(A)) For each type of equipment, EP CA directs that if ASHRAE Standard 90.1 is amended, DOE mu st 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 technological ly 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-C onditioning, and Water-Heating Equipment,” would not be a major Federal acti on significantly affecti ng the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 (NEPA). Therefore, an environmental imp act 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 Frida y, except Federal holidays. You may also

### 3 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

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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 Independen ce Avenue, SW., Washington, DC 20585- 0121. Telephone: (202) 586-7892. E-mail: Mohammed.Khan@ee.doe.gov

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Eric Stas or Michael Kido, U.S. Department of Energy, Office of the General Counsel, Mailstop GC–72, Forrestal Bu ilding, 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 Polic y 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. Additio nal information regarding DOE NEPA activities and access to many DOE NEPA doc uments are available on the Internet through the DOE NEPA Website at: http://www.gc.energy.gov/nepa/

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SUPPLEMENTARY INFORMATION:

### 4 Description of the Rulemaking Action: This rulemaking action involves the establishment of amended energy conservation standards fo r 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 ener gy conservation standards for these two equipment types at the efficiency leve ls 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 environm ental 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 a nd less than 760,000 Btu/h because there is no equipment currently being manufactured inthis equipment class. The results are presented for each efficiency level DOE cons idered for commercial packaged boilers. Each efficiency level is an alternative action and the environmental impacts of each alternative are compared to what would be e xpected to happen if no new standard were adopted ( i.e. , the “no action” alternative).

The primary environmental impact of this fi nal rule is decreased emissions of NOx, Hg, SO 2 

### and CO 2 

### from fossil fuel use and from fossil-fu eled electricity generation. All of theefficiency levels considered for the equipment classes covered under this regulation
would result in decreased fossil fuel use and in a reduction in emissions of these
substances. The amended energy conservation standards adopted in the fInal rule would generally decrease air pollution by decreasing future energy demand. The results of this 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 of the human environment. See Chapter 

### 8 of the TSD
Table 8.2.1 through Table 8.2.4.



### Determination
Based upon the EA, DOE has determined that the adoption of the 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 of the human environment, within the meaning ofNEPA. Therefore, an EIS is not required, and DOE is issuing this FONSI.

Issued in Washington, DC on**-,---=------:~r----------** Cathy Zoi Assistant Se et Energy Efficie cy and Renewable Energy

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