### [6450-01-P] DEPARTMENT OF ENERGY 10 CFR Part431 [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 ofEnergyEfficiency and Renewable Energy, Department ofEnergy

ACTION: Finding ofNo SignificantImpact: Energy Conservation Program for ConsumerProducts



### 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 SocietyofHeating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) and the Illuminating Engineering Societyof North America (IESNA) Standard 90.1, including packaged terminal air conditioners (PTACs) and packaged termiua! beatpumps (PTHPs). EPCA states tbat tbe Department ofEnergy (DOE) may prescribe amended standards for this equipmentthat exceed the stringency ofefficiency levels contained in amendments to ASHRAE Standard 90.1, only ifDOE detennines by rule that any such standard "would result in significantadditionalconservation ofenergy and is technologically feasible and economicallyjustified!' (42 V.S.C. 6313(a)(6)(A)(ii)(II)) This determination must be "supported byclear and convincing evidence." Id. IfDOE is unable to make such a determination, itmust 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 ofthe 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 notbe a majorFederal action significantly affecting the quality ofthe 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 issuingthis Finding ofNo Significant Impact (FONS!).

ADDRESSES: 

### PublicAvailability: Copies ofthe final ruleTSD are available from the U.S. Department ofEnergy, Resource Room ofthe Building Technologies Program, 950 L'Enfant Plaza, SW, 6th Floor, Washington, DC 20024, (202) 586-2945, between 9 a.m. and 4 p.m., Mondaythrough Friday, exceptFederal holidays. You may also obtain copies ofthe final rule TSD from the Office ofEnergy Efficiency and Renewable

2

### Energy's website at: http://www.eere.energy.govlbuildings/appliance_standards/commercial/packaged

_ac

_hp. html.



### FOR FURTHER INFORMATION CONTACT: Wes Anderson, ProjectManager, Energy Conservation Standards for Packaged Terminal Air Conditioners and Packaged Terminal HeatPumps, 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.

For further information regarding theDOENEPAprocess contact: Francine Pinto, Esq.,
orMichael Kido, Esq., U.S. DepartmentofEnergy, Office ofGeneral 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 of the ProposedAction: The proposed action is the establishment ofamended energy conservation standards forpackaged terminal airconditioners and heatpumps. DOE is adoptingTSL A for standard size PTACs and PTHPs and the efficiency levels in ASHRAE Standard 90.1-1999 for non-standard size PTACs and PTHPs. EnvironmentalImpacts: The EA evaluates the environmental impacts ofa range of amended energyconservation standards for PTACs and PTHPs. The results are

3presented 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 ofeach alternative are compared to what would be expected to happen ifDOE 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 underthis regulation would result in decreased fossil fuel use and in a reduction in emissions. The energyconservation standards adopted in the final rule would generallydecrease airpollution bydecreasing future energy demand. The environmental impact analysis considers emissions ofcarbon dioxide (C02 ) and three criteriapollutants- nitrogen oxides (NOx), sulfurdioxide (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 NOxemissions could also provide an economic benefit in the fonn ofemission allowance credits. The environmental analysis shows projected emissions reductions resulting from the final rule to be 1.06 million metric tons (Mt) ofCO2 , 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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### affectingthe qualityofthe human environment, within the meaning ofNEPA. Therefore,
an EIS is notrequired. and DOE is issuing this FONSI.

Issued in Washington, DC, on November 

### 7 I 

### 2008.

10
. Mi och Acti lstant Secretary EnergyEfficiency and Renewable Energy



### 5MEMORANDUM 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 ofNo SignificantImpactfor the Final Rule for Energy Conservation Standards for Packaged Terminal Air Conditioners and Packaged Tennmal Heat Pumps (RlN: 1904-AB44) ISSUE: The Finding ofNo SignificantImpact (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 pursuantto the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 

### elseq.), 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 oftrial 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 bythe 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 affectingthe 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)

### POLICY IMPACT: None. URGENCY: The final rule was issued on September29, 2008, and was published on October7, 2008. RECOMMENDATION: That you sign the attached FONSI for PTACsIPTHPS.