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[Federal Register Volume 76, Number 139 (Wednesday, July 20, 2011)]
[Notices]
[Pages 43298-43318]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18082]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

[Docket No. EERE-2006-BC-0132]
RIN 1904-AC42

Building Energy Standards Program: Preliminary Determination 
Regarding Energy Efficiency Improvements in the Energy Standard for 
Buildings, Except Low-Rise Residential Buildings, ANSI/ASHRAE/IESNA 
Standard 90.1-2010

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

ACTION: Notice of preliminary determination.

-----------------------------------------------------------------------

SUMMARY: The Department of Energy (DOE) has preliminarily determined 
that the 2010 edition of the Energy Standard for Buildings, Except Low-
Rise Residential Buildings, American National Standards Institute 
(ANSI)/American Society of Heating, Refrigerating and Air-Conditioning 
Engineers (ASHRAE) Illuminating Engineering Society of North America 
(IESNA) Standard 90.1-2010, (Standard 90.1-2010 or the 2010 edition) 
would achieve greater energy efficiency in buildings subject to the 
code, than the 2007 edition (Standard 90.1-2007 or the 2007 edition). 
Also, DOE has preliminarily determined that the quantitative analysis 
of the energy consumption of buildings built to Standard 90.1-2010, as 
compared with buildings built to Standard 90.1-2007, indicates national 
source energy savings of approximately 18.2 percent of commercial 
building energy consumption. Additionally, DOE has preliminarily 
determined site energy savings are estimated to be approximately 18.5 
percent. If these determinations are finalized, States would be 
required to certify that they have reviewed the provisions of their 
commercial building code regarding energy efficiency, and as necessary, 
updated their code to meet or exceed the energy efficiency of Standard 
90.1-2010. Additionally, this notice provides guidance to States on 
Certifications, and Requests for Extensions of Deadlines for 
Certification Statements, should the preliminary determination be 
adopted as final.

DATES: Comments on the preliminary determination must be provided by 
August 19, 2011.

ADDRESSES: You may submit comments, identified by any of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: ASHRAE90.1-2010-DET-0050@ee.doe.gov. Include RIN 
1904-AC42 in the subject line of the message.
     Postal Mail: Michael Erbesfeld, U.S. Department of Energy, 
Office of Energy Efficiency and Renewable Energy, Forrestal Building, 
Mail Station EE-2J, 1000 Independence Avenue, SW., Washington, DC 
20585-0121, Please submit one signed paper original.
     Hand Delivery/Courier: Michael Erbesfeld, U.S. Department 
of Energy, Building Technologies Program, Room 6003, 1000 Independence 
Avenue, SW., Washington, DC 20585-0121.

Instructions: All submissions must include the agency name, Department 
of Energy, and docket number, EERE-2006-BC-0132, or Regulatory 
Information Number (RIN), 1904-AC42, for this preliminary 
determination.

FOR FURTHER INFORMATION CONTACT: Michael Erbesfeld, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Forrestal 
Building, Mail Station EE-2J, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121, (202) 287-1874, e-mail: 
michael.erbesfeld@ee.doe.gov. For legal issues contact Mrs. Kavita 
Vaidyanathan, U.S. Department of Energy, Office of the General Counsel, 
Forrestal Building, GC-71, 1000 Independence Avenue, SW., Washington, 
DC 20585, (202) 586-0669, e-mail: Kavita.Vaidyanathan@hq.doe.gov.

SUPPLEMENTARY INFORMATION:
I. Introduction
    A. Statutory Requirements
    B. Background
    1. Publication of Standard 90.1-2010
    2. Analysis Methodology
II. Summary of the Comparative Analysis
    A. Qualitative Analysis
    1. Discussion of Detailed Textual Analysis
    2. Results of Detailed Textual Analysis
    B. Quantitative Analysis
    1. Discussion of Whole Building Energy Analysis
    2. Results of Whole Building Energy Analysis
    C. Preliminary Determination Statement
III. Filing Certification Statements With DOE
    A. Review and Update
    B. Certification
    C. Requests for Extensions to Certify
IV. Regulatory Analysis
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the National Environmental Policy Act of 1969
    D. Review Under Executive Order 13132, ``Federalism''
    E. Review Under the Unfunded Mandates Reform Act of 1995
    F. Review Under the Treasury and General Government 
Appropriations Act of 1999
    G. Review Under the Treasury and General Government 
Appropriations Act of 2001
    H. Review Under Executive Order 13211
    I. Review Under Executive Order 13175
V. Public Participation

I. Introduction

A. Statutory Requirements

    Title III of the Energy Conservation and Production Act, as amended 
(ECPA), establishes requirements for the Building Energy Efficiency 
Standards 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 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 two years after the 
date of the publication of

[[Page 43299]]

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)) The 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 a positive determination. (42 U.S.C. 
6833(b)(2)(B)(ii)). Published elsewhere in this Federal Register issue 
is the DOE's final determination updating the reference code to 
Standard 90.1-2007.
    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(c) of ECPA and that it has made significant progress in 
doing so. (42 U.S.C. 6833(c))

B. Background

1. Publication of Standard 90.1-2010
    ASHRAE and the Illuminating Engineering Society of North America 
(IESNA) approved the publication of the 2010 edition of Energy Standard 
for Buildings Except Low-rise Residential Buildings, in October 2010.
    The Standard was developed under ANSI-approved consensus standard 
procedures. Standard 90.1 is under continuous maintenance by a Standing 
Standard Project Committee (SSPC) for which the ASHRAE Standard 
Committee has established a documented program for regular publication 
of addenda or revisions, including procedures for timely, documented, 
consensus action on requests for change to any part of the standard. 
The American National Standards Institute (ANSI) approves addenda prior 
to their publication by ASHRAE and IESNA and prior to their inclusion 
in a new version of Standard 90.1. ANSI approved the final addendum for 
inclusion in Standard 90.1-2010 on July 24, 2010. Appeals were made to 
several addenda and the results of the appeals process was not final 
until October 15, 2010. The 2010 edition was published on October 28, 
2010.
2. Analysis Methodology
    In arriving at a preliminary determination, the DOE first reviewed 
all significant changes between the 2010 edition and the 2007 edition 
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 
simple storage buildings to complex hospitals and laboratories. The 
size of buildings addressed range from those smaller than single family 
homes to the largest buildings in the world. The approach to 
development of the standard used in the 2010 edition was not changed 
from that used for the 2007 edition, with no changes to the scope or 
the way components are defined. DOE preliminarily determined that 
because no significant changes were made to the structure, scope, or 
component definitions of Standard 90.1-2007, a similar methodology used 
for the analysis of Standard 90.1-2007 could be utilized for the 
analysis of Standard 90.1-2010, consisting of a qualitative comparison 
of the textual changes to requirements in Standard 90.1-2010 from 
Standard 90.1-2007, and a quantitative estimate of the energy savings 
developed from whole building simulations of a standard set of 
buildings constructed to both Standards over a range of U.S. climates. 
DOE used an extension of the procedure used for the Standard 90.1-2007 
determination for the quantitative estimate of energy savings. The 
extension was that additional building types were added to the 
analysis. DOE used the same simulation tool and data for weighing the 
results by building type and climate as used for the 90.1-2007 
determination.
    A discussion of the analysis methodology, which was subject to 
public comment in 2009, can be found in the Notice of Preliminary 
Determination for Standard 90.1-2007, which was published in the 
Federal Register. 75 FR 54117 (Sept. 3, 2010)
    DOE recognizes that the methodology proposed for the quantitative 
analysis will be insufficient for determining an absolute 
quantification of energy savings estimates associated with using 
Standard 90.1-2010 (e.g., total quads of energy savings) and makes no 
such claim for the analysis on which this preliminary determination 
relies. DOE's quantitative analysis includes many of the changes 
brought about in Standard 90.1-2010 that can be modeled, but this 
quantitative analysis is not able to quantify accurately all the likely 
effects of the new standard. In particular, the degree to which the 
market may react to certain changes brought about following the 
adoption of a new building code, and the degree to which different 
requirements are currently being met or will be met in future 
construction, are exceedingly difficult to ascertain and would affect 
the absolute quantification of energy savings. However, DOE believes 
that the quantitative determination process outlined does provide a 
reasonable approach to establishing whether, in concert, the changes 
brought about by ASHRAE Standard 90.1-2010 will result in improved 
energy efficiency in buildings over ASHRAE Standard 90.1-2007.
    DOE continues to believe that the preliminary determination should 
rely on both quantitative and qualitative comparisons. While 
quantitative estimates of energy savings are indeed a much preferred 
method of comparison, it is not always possible to simulate or provide 
appropriate weighting to many features in Standard 90.1. Therefore, DOE 
will continue to note changes that individually or in net result in 
increased energy efficiency, even where they could not be accurately 
quantified. States can use this information when upgrading their energy 
codes.
    DOE continues to believe that the quantitative analysis should be 
based on the minimum requirements of each standard that reflect the 
minimum set of options available in new construction. In assessing the 
impact of those requirements, DOE also believes that assessment should 
be based on an estimate of typical construction practices. DOE believes 
that this has been done in the quantitative analysis.
    For this preliminary determination, DOE utilized 5 years of 
previous building construction data, as developed using proprietary 
F.W. Dodge building statistical data by building type and by location 
down to the county level and purchased by DOE, to develop weighting 
factors to weight the building simulation results. (A summary of the 
data is available in a PNNL report--PNNL-19116--Jarnagin and 
Bandyopodhyay, 2010, Weighting Factors for the Commercial Building 
Prototypes used in the Development of ANSI/ASHRAE/IESNA Standard 90.1-
2010 at http://www.pnl.gov/main/publications/external/technical_reports/PNNL-19116.pdf.) Past determinations have relied on new 
construction floor space growth estimates extracted from the Energy 
Information Administration's (EIA) National Energy Modeling System 
(NEMS) as the basis for weighting energy savings across building types 
and regions. DOE believes that for the purpose of this analysis the 
F.W. Dodge construction data provides better

[[Page 43300]]

mapping of actual construction by region and building type than could 
be obtained using the EIA/NEMS data. In particular, the use of county-
level construction data allowed DOE to develop building construction 
statistics directly reflecting construction in each of the ASHRAE 
climate regions, avoiding many assumptions on regional construction 
volume that would be necessary using the EIA/NEMS data.
    Consistent with the previous analysis for Standard 90.1-2007, DOE 
compared versions of Standard 90.1 ``as a whole'' and did not issue 
determinations for individual addenda. 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 
90.1-2010), then that revised or successor standard triggers the 
Secretary's obligation to issue a determination as to whether the 
revised standard improves energy efficiency. This determination is made 
by comparing the revised or successor standard to the last predecessor 
standard. While the addenda process is part of the ongoing maintenance 
of the standard and thus continually modifies or revises the existing 
standard over time, it would be an unreasonable reading of the statute 
to categorize each addenda in this maintenance process as a ``revised 
or successor standard'' within the meaning of Section 304(b)(2) of 
ECPA, so as to require a determination by the Secretary. Such an 
interpretation of the statute would put an unreasonable burden both on 
the States and DOE. For the States, a determination by the Secretary 
requires some State action, and what is required depends upon whether 
the Secretary issues an affirmative or a negative determination. If the 
Secretary were required to issue a determination after each addenda was 
published, the States would be constantly required to change their 
codes. This would affect the stability and certainty of State 
commercial building codes.
    The statutory language in Section 304(b) of ECPA states that the 
Secretary is required to make a determination as to whether any 
successor standard to ASHRAE Standard 90.1-1989 will improve energy 
efficiency. (42 U.S.C. 6833(b)(2)(A)) The Secretary must publish a 
notice of this determination in the Federal Register. The language does 
not require that DOE perform an independent economic analysis as part 
of the determination process. Section 304(b) of ECPA does not include 
any reference to language concerning economic justification.
    However, Congress did address consideration of the technological 
feasibility and cost effectiveness of the Voluntary Building Energy 
Codes. Section 307 of ECPA requires DOE to participate in the ASHRAE 
process and to assist in determining the cost effectiveness and 
technical feasibility of the ASHRAE standard. (42 U.S.C. 6836) It also 
requires DOE to periodically review the economic basis of the voluntary 
building energy codes and participate in the industry process for 
review and modification, including seeking adoption of all 
technologically feasible and economically justified energy efficiency 
measures. (42 U.S.C. 6836(b))
    The fact that the Section 304 of ECPA determination process does 
not require the Secretary to perform an economic analysis does not 
diminish the importance that the ASHRAE standards be technologically 
feasible and economically justified. However, the statute addresses 
these issues by directing DOE to participate in the ASHRAE process 
itself.
    DOE has chosen to use the same DOE Reference Buildings (formerly 
called Benchmark buildings) in the quantitative analysis for Standard 
90.1-2010 as used in the Standard 90.1-2007 quantitative analysis. The 
only significant difference is that one additional building model, 
representing high-rise multi-family construction is now available for 
use in the analysis.
    DOE's preliminary quantitative determination was carried out using 
the EnergyPlus building simulation tool. DOE switched to use of 
EnergyPlus for the Standard 90.1-2007 analysis and has continued to use 
Energy Plus since then. The current version of Energy Plus, EnergyPlus 
version 4.0, was used for this preliminary determination.

II. Summary of the Comparative Analysis

    DOE carried out both a detailed qualitative analysis and a broad 
quantitative analysis of the differences between the requirements and 
the stringencies in the 2007 and the 2010 editions of Standard 90.1.

A. Qualitative Analysis

1. Discussion of Detailed Textual Analysis
    DOE performed a detailed analysis of the differences between the 
textual requirements and stringencies of the 2007 and 2010 editions in 
the scope of the standard, the building envelope requirements, the 
building lighting and power requirements, and the building mechanical 
equipment requirements.
    The emphasis of DOE's detailed requirement and stringency analysis 
was on looking at the specific changes that ASHRAE made in going from 
Standard 90.1-2007 to Standard 90.1-2010. ASHRAE publishes changes to 
their standards as addenda to the preceding standard and then bundles 
all the addenda together to form the next edition. ASHRAE processed 109 
addenda to Standard 90.1-2007 to create Standard 90.1-2010. Each of 
these addenda was evaluated by DOE in preparing this preliminary 
determination.
    In addition, each standard has multiple ways to demonstrate 
compliance, including a prescriptive set of requirements by section of 
the standard, various tradeoff approaches within those same sections, 
and a whole building performance method (Energy Cost Budget or ECB). 
For each addendum DOE identified whether it applies to the prescriptive 
requirements, or one of the tradeoff paths provided for in the 
envelope, lighting, or mechanical sections, or the ECB whole building 
performance path. For each addendum DOE identified the impact on the 
stringency for that path to compliance.
    Overall, DOE found that the vast majority of changes made to 
Standard 90.1-2007 to create Standard 90.1-2010 were positive or 
neutral (in the context of energy efficiency). Positive changes greatly 
outweighed the negative energy efficiency changes. Specifically, of the 
109 total changes:
    56 were considered positive,
    47 were considered neutral,
    6 were considered negative.

The 56 positive changes greatly overwhelm the 6 negative changes in 
terms of a simple numerical comparison. In addition, the 6 negative 
changes were considered to be ``minor negatives'', with 19 of the 
positive changes being considered ``major positive'' and an additional 
37 positive changes being considered ``minor positive''. Not only do 
the positive changes outweigh the negative changes in raw numbers, but 
also in terms of the estimated impact.
2. Results of Detailed Textual Analysis
    Table 1 presents the results of DOE's addendum-by-addendum analysis 
of Standard 90.1-2010. Table 6 is a reformatted and slightly modified 
version of a table in the preliminary qualitative analysis. The 
complete preliminary qualitative analysis may be found on the DOE codes 
Web site at http://www.energycodes.gov/status/determinations_com.stm.

[[Page 43301]]

                                Table 1--Results of Addendum-by-Addendum Analysis
----------------------------------------------------------------------------------------------------------------
                                                                                              Impact on energy
         No.               Addendum to         Section affected         Description of         efficiency and
                       Standard  90.1-2007                                 changes                 reason
----------------------------------------------------------------------------------------------------------------
1...................  a...................  6. Heating,             Remove closed cooling  0 (clarifies that
                                             Ventilating, and Air    tower requirements     requirements do not
                                             Conditioning.           from 6.8.1G.           apply to closed
                                                                                            cooling towers).
2...................  b...................  6. Heating,             Revises exception a    Minor - (allows
                                             Ventilating, and Air    to section 6.5.2.3     larger minimum
                                             Conditioning.           to allow for codes     ventilation rates if
                                                                     other than ASHRAE      required by other
                                                                     62.1 to dictate        codes).
                                                                     minimum ventilation
                                                                     rates.
3...................  c...................  6. Heating,             Adds vivarium to list  Minor - (allows
                                             Ventilating, and Air    of spaces that         exception to
                                             Conditioning.           require specific       dehumidification
                                                                     humidity levels to     controls for
                                                                     satisfy process        vivariums).
                                                                     needs.
4...................  d...................  3. Definitions,         Adds exceptions for    Major + (requires
                                             Abbreviations, and      Solar Heat Gain        daylighting controls
                                             Acronyms; 5. Building   Coefficient (SHGC)     under skylights and
                                             Envelope; 9. Lighting.  and Visible            commissioning of
                                                                     Transmittance (VT)     daylighting
                                                                     requirements for       controls).
                                                                     skylights; adds
                                                                     requirement for
                                                                     including visible
                                                                     light transmittance
                                                                     test results with
                                                                     construction
                                                                     documents; adds
                                                                     information on
                                                                     determining daylit
                                                                     area under
                                                                     skylights, automatic
                                                                     daylighting controls
                                                                     (with exceptions),
                                                                     and submittal
                                                                     requirements.
5...................  e...................  6. Heating,             Changes exhaust air    Major + (increased
                                             Ventilating, and Air    energy recovery        use of heat
                                             Conditioning.           requirements and       recovery).
                                                                     harmonizes
                                                                     requirements in
                                                                     simplified section
                                                                     6.3.2 with
                                                                     requirements in the
                                                                     6.5 prescriptive
                                                                     path.
6...................  f...................  5. Building Envelope..  Requires high albedo   Major + (requires
                                                                     roofs in hot           cool roofs in hot
                                                                     climates.              climates).
7...................  g...................  3. Definitions,         Updates building       Minor + (increases
                                             Abbreviations, and      envelope criteria      envelope
                                             Acronyms; 5. Building   for metal buildings.   requirements for
                                             Envelope.                                      metal buildings).
8...................  h...................  6. Heating,             Adds another           Minor + (allows
                                             Ventilating, and Air    exception to Section   another exception
                                             Conditioning.           6.5.2.1 Limitation     that saves energy in
                                                                     of Simultaneous        some applications).
                                                                     Heating and Cooling.
                                                                     The exception
                                                                     addresses apparent
                                                                     conflict between
                                                                     standards and allows
                                                                     users to achieve
                                                                     comfort, meet the
                                                                     code, and save
                                                                     energy.
9...................  i...................  9. Lighting...........  Applies a four-zone    Major + (lowers
                                                                     lighting power         illuminance
                                                                     density approach to    requirements in
                                                                     exterior lighting      certain zones).
                                                                     requirements.
                                                                     Deletes the 5%
                                                                     additional power
                                                                     allowance in 9.4.5
                                                                     and replaces it with
                                                                     a base wattage
                                                                     allowance per site.
                                                                     Defines the four
                                                                     zones and applies
                                                                     the appropriate
                                                                     requirements.
10..................  j...................  6. Heating,             Updates the            0 (updating
                                             Ventilating, and Air    mechanical test        references).
                                             Conditioning; 12.       procedures
                                             Normative References;   references in the
                                             Appendix E.             standard. The
                                             Informative             changes also modify
                                             References.             a reference in Table
                                                                     6.8.1E, the
                                                                     normative references
                                                                     in Chapter 12, and
                                                                     the informative
                                                                     references in
                                                                     Informative Appendix
                                                                     E.
11..................  k...................  6. Heating,             Updates Tables 6.8.1E  0 (updating tables to
                                             Ventilating, and Air    and 7.8 to identify    reflect current
                                             Conditioning.           specific sections of   federal standards).
                                                                     referenced
                                                                     standards. Table 7.8
                                                                     also reflects the
                                                                     current federal
                                                                     efficiency levels
                                                                     for residential
                                                                     water heaters and
                                                                     adds a requirement
                                                                     for electric table-
                                                                     top water heaters.
12..................  l...................  6. Heating,             Adds minimum           0 (Requirement
                                             Ventilating, and Air    efficiency and         codifies industry
                                             Conditioning.           certification          standard practice).
                                                                     requirements for
                                                                     axial and
                                                                     centrifugal fan
                                                                     closed-circuit
                                                                     cooling towers. Also
                                                                     adds a reference to
                                                                     ATC-105S, The
                                                                     Cooling Technology
                                                                     Institute test
                                                                     standard for closed-
                                                                     circuit cooling
                                                                     towers to Section 12.

[[Page 43302]]

 
13..................  m...................  6. Heating,             Updates chiller        Major + (updates
                                             Ventilating, and Air    efficiency             chiller efficiency
                                             Conditioning.           requirements.          requirements).
                                                                     Establishes
                                                                     additional path of
                                                                     compliance for water-
                                                                     cooled chillers.
                                                                     Combines all water-
                                                                     cooled chillers into
                                                                     one category and
                                                                     adds a new size
                                                                     category for
                                                                     centrifugal chillers
                                                                     at or above 600 tons.
14..................  n...................  6. Heating,             Extends Variable Air   Major + (extends
                                             Ventilating, and Air    Volume (VAV) fan       control requirements
                                             Conditioning.           control requirements   to another equipment
                                                                     to large single-zone   class).
                                                                     units.
15..................  o...................  8. Power..............  Modifies the scope of  0 (implements Federal
                                                                     Section 8 and adds     efficiency standards
                                                                     requirements           for transformers).
                                                                     specific to low
                                                                     voltage dry-type
                                                                     distribution
                                                                     transformers.
16..................  p...................  6. Heating,             Provides pressure      Minor - (increases
                                             Ventilating, and Air    credits for            allowable pressure
                                             Conditioning.           laboratory exhaust     drop in laboratory
                                                                     systems that allow     exhaust systems).
                                                                     prescriptive
                                                                     compliance with the
                                                                     standard.
17..................  q...................  5. Building Envelope..  Vestibules, remove     Minor + (applies
                                                                     CZ4 exception.         vestibule
                                                                                            requirement in more
                                                                                            locations).
18..................  r...................  Informative Appendix    Changes Informative    0 (performance rating
                                             G. Performance Rating   Appendix G             method only).
                                             Method.                 Performance Rating
                                                                     Method into a
                                                                     Normative Appendix.
                                                                     Additionally, some
                                                                     language has been
                                                                     modified to make the
                                                                     Appendix Enforceable.
19..................  s...................  6. Heating,             Updates the            0 (replaces
                                             Ventilating, and Air    Coefficient of         Integrated Part Load
                                             Conditioning.           Performance (COP) at   Value (IPLV) with
                                                                     17 [deg]F efficiency   Energy Efficiency
                                                                     levels for             Ratio (EER) to
                                                                     commercial heat        capture part load
                                                                     pumps and introduces   performance).
                                                                     a new part-load
                                                                     energy efficiency
                                                                     descriptor (IEER)
                                                                     for all commercial
                                                                     unitary products
                                                                     above 65,000 Btu/h
                                                                     of cooling capacity.
20..................  t...................  6. Heating,             Removes the term       0 (clarification of
                                             Ventilating, and Air    ``replacement'' and    definitions).
                                             Conditioning.           ``new construction''
                                                                     from the product
                                                                     classes listed in
                                                                     Table 6.8.1D and
                                                                     replaces them with
                                                                     the terms
                                                                     ``nonstandard size''
                                                                     and ``standard
                                                                     size'' to clarify
                                                                     that one product
                                                                     class is intended
                                                                     for applications
                                                                     with nonstandard
                                                                     size exterior wall
                                                                     openings while the
                                                                     other is intended
                                                                     for applications
                                                                     with standard size
                                                                     exterior wall
                                                                     openings. Also
                                                                     amends section
                                                                     6.4.1.5.2 and
                                                                     footnote b to Table
                                                                     6.8.1D to clarify
                                                                     that nonstandard
                                                                     size packaged
                                                                     terminal equipment
                                                                     have sleeves with an
                                                                     external wall
                                                                     opening less than 16
                                                                     in. high or less
                                                                     than 42 in. wide to
                                                                     reflect existing
                                                                     applications where
                                                                     the wall opening is
                                                                     not necessarily less
                                                                     than 16 in. high and
                                                                     less than 42 in.
                                                                     wide. However, to
                                                                     avoid a potential
                                                                     abuse of the
                                                                     definition,
                                                                     nonstandard size
                                                                     packaged terminal
                                                                     equipment are
                                                                     required to have a
                                                                     cross-sectional area
                                                                     of the sleeves less
                                                                     than 670 in\2\.
21..................  u...................  6. Heating,             Adds a new section     Minor + (applies
                                             Ventilating, and Air    requiring              cooling tower
                                             Conditioning.           centrifugal fan open-  requirements more
                                                                     circuit cooling        broadly).
                                                                     towers over 1100 gpm
                                                                     at the rating
                                                                     conditions to meet
                                                                     efficiency
                                                                     requirements for
                                                                     axial fan units
                                                                     found in 6.8.1G.

[[Page 43303]]

 
22..................  v...................  6. Heating,             Revises section        0 (updates
                                             Ventilating, and Air    6.4.2.1 to reference   references).
                                             Conditioning; 12.       ANSI/ASHRAE/ACCA
                                             Normative References.   Standard 183-2007
                                                                     for sizing heating
                                                                     and cooling system
                                                                     design loads. Adds
                                                                     requirements for
                                                                     calculating pump
                                                                     head.
23..................  w...................  Normative Appendix G.   Changes footnote to    0 (performance rating
                                             Performance Rating      Table G3.1.1A to       method)
                                             Method.                 make it clear that
                                                                     Exception a to
                                                                     Section G3.1.1 also
                                                                     applies here.
                                                                     Changes the
                                                                     exception to
                                                                     G3.1.2.10 on Exhaust
                                                                     Air Energy Recovery
                                                                     for multifamily
                                                                     buildings because
                                                                     they are unlikely to
                                                                     have a centralized
                                                                     exhaust air system
                                                                     needed to
                                                                     effectively recover
                                                                     heat.
24..................  x...................  9. Lighting...........  Updates requirements   Major + (adds
                                                                     for automatic          occupancy sensor
                                                                     lighting shutoff,      requirements for
                                                                     adds specific          many specific
                                                                     occupancy sensor       applications).
                                                                     applications, and
                                                                     provides additional
                                                                     clarification.
25..................  y...................  7. Service Water        Establishes ARI 1160   Minor + (requires COP
                                             Heating.                as the test            be met at lower
                                                                     procedure for heat     temperature).
                                                                     pump pool heaters
                                                                     and requires that
                                                                     the minimum COP of 4
                                                                     be met at the low
                                                                     outdoor temperature
                                                                     of 50 [deg]F.
26..................  aa..................  9. Lighting...........  Adds space exceptions  Minor + (limits
                                                                     for automatic          automatic-on
                                                                     lighting controls.     controls to specific
                                                                                            space types).
27..................  ab..................  3. Definitions,         Adds definitions and   Major + (adds
                                             Abbreviations, and      provides daylighting   daylighting control
                                             Acronyms; and 9.        control requirements   requirements for
                                             Lighting.               for side-lighted       side-lighted
                                                                     spaces.                spaces).
28..................  ac..................  3. Definitions,         Adds incentives to     0 (alternate
                                             Abbreviations, and      use advanced           compliance path).
                                             Acronyms; 9. Lighting.  lighting controls.
29..................  ad..................  6. Heating,             Includes               0 (documentation
                                             Ventilating, and Air    certification          only).
                                             Conditioning.           requirements for
                                                                     liquid-to-liquid
                                                                     heat exchangers to
                                                                     benefit both
                                                                     manufacturers and
                                                                     consumers, allow
                                                                     product comparisons,
                                                                     and provide
                                                                     incentives to
                                                                     manufacturers to
                                                                     improve efficiency
                                                                     in order to gain
                                                                     market share.
30..................  ae..................  6. Heating,             Adds a requirement     Minor + (reduced heat
                                             Ventilating, and Air    for insulating the     loss in radiant
                                             Conditioning.           surfaces of radiant    panels).
                                                                     panels that do not
                                                                     face conditioned
                                                                     spaces.
31..................  af..................  6. Heating,             Provides requirement   Minor + (requires
                                             Ventilating, and Air    for designers,         proper hydronic
                                             Conditioning.           contractors, and       system sizing).
                                                                     owners to properly
                                                                     size system piping
                                                                     (hydronic systems)
                                                                     to balance ongoing
                                                                     energy costs and
                                                                     first costs.
32..................  ag..................  5. Building Envelope..  Adds requirement for   Minor + (reduces
                                                                     rigid board            potential for
                                                                     insulation overlap.    thermal bridging).
33..................  ai..................  Normative Appendix G.   Removes requirement    0 (alternative
                                             Performance Rating      for comparing          compliance path).
                                             Method.                 proposed buildings
                                                                     utilizing chilled
                                                                     water with a
                                                                     baseline building
                                                                     with on-site
                                                                     chillers, and
                                                                     instead requires a
                                                                     baseline that also
                                                                     uses purchased
                                                                     chilled water.
                                                                     Details
                                                                     modifications to be
                                                                     made to the baseline
                                                                     HVAC systems when
                                                                     purchased chilled
                                                                     water or heat are
                                                                     included.
34..................  aj..................  10. Other Equipment...  Updates the text and   0 (implements Federal
                                                                     table of Chapter 10    motor requirements).
                                                                     to comply with new
                                                                     federal law for
                                                                     motors rated at 1.0
                                                                     horsepower and
                                                                     greater. Adding this
                                                                     information will
                                                                     help designers, end-
                                                                     use customers, and
                                                                     code officials with
                                                                     motor specifications
                                                                     and verifications.

[[Page 43304]]

 
35..................  ak..................  6. Heating,             Adds a pump isolation  Minor + (reduces
                                             Ventilating, and Air    requirement for        pumping energy).
                                             Conditioning.           systems with
                                                                     multiple chillers
                                                                     and boilers and
                                                                     temperature reset
                                                                     requirement for
                                                                     equipment with a
                                                                     minimum Btu/h.
                                                                     Revises wording to
                                                                     have requirements of
                                                                     6.5.4.1 apply only
                                                                     to cooling systems.
                                                                     Changes threshold of
                                                                     variable speed
                                                                     systems to 7.5 HP.
                                                                     Adds requirement for
                                                                     differential
                                                                     pressure reset. Does
                                                                     not preclude also
                                                                     implementing chilled
                                                                     water supply
                                                                     temperature setpoint
                                                                     reset. Includes
                                                                     requirements for
                                                                     hydronic Heat Pump
                                                                     and Water-Cooled
                                                                     Unitary Air
                                                                     Conditioners.
36..................  al..................  5. Building Envelope..  Adds skylight          Major + (requires
                                                                     requirements in        skylights and
                                                                     certain space types    daylighting in some
                                                                     (enclosed spaces) to   building types.
                                                                     promote daylighting
                                                                     energy savings.
37..................  am..................  5. Building Envelope..  Revise air leakage     Minor + (decreased
                                                                     criteria for           air leakage).
                                                                     fenestration and
                                                                     doors.
38..................  an..................  5. Building Envelope..  Expands table of       0 (updates default
                                                                     default U-values for   tables).
                                                                     single-digit rafter
                                                                     roofs.
39..................  ao..................  6. Heating,             Repairs know errata    0 (editorial only).
                                             Ventilating, and Air    to Table 6.8.1E and
                                             Conditioning.           re-orders the notes
                                                                     to properly organize
                                                                     them. Corrects the
                                                                     error of identifying
                                                                     EC, which should be
                                                                     listed as Et under
                                                                     ``Warm Air Furnaces,
                                                                     Gas-Fired'' and also
                                                                     eliminates incorrect
                                                                     and redundant
                                                                     footnotes.
40..................  ap..................  6. Heating,             Includes demand        Major + (reduces
                                             Ventilating, and Air    controlled             ventilation energy).
                                             Conditioning.           ventilation in the
                                                                     simplified approach.
41..................  aq..................  Title, 1. Purpose, and  Modify Title Purpose   0 (no impact now, but
                                             2. Scope.               & Scope of ASHRAE      does allow future
                                                                     90.1.                  positive additions
                                                                                            to Standard 90.1).
42..................  ar..................  9. Lighting...........  Corrects an oversight  0 (editorial only).
                                                                     in previous versions
                                                                     where expanded
                                                                     exterior lighting
                                                                     power limits were
                                                                     put in place but the
                                                                     details of how to
                                                                     calculate the
                                                                     installed power and
                                                                     compare it to the
                                                                     limits was not
                                                                     included. This
                                                                     language revision
                                                                     puts the needed
                                                                     details in the
                                                                     standard.
43..................  as..................  6. Heating,             Removes exception for  Minor + (saves large
                                             Ventilating, and Air    VAV turndown           amount of fan and
                                             Conditioning.           requirements for       reheat energy in
                                                                     zones with special     hospitals).
                                                                     pressurization
                                                                     requirements.
                                                                     Reduces laboratory
                                                                     threshold where VAV
                                                                     or heat recovery is
                                                                     required.
44..................  at..................  6. Heating,             Clears up              0 (editorial only).
                                             Ventilating, and Air    inconsistencies and
                                             Conditioning.           conflicts regarding
                                                                     damper requirements
                                                                     in Chapter 6.
45..................  au..................  6. Heating,             Updates efficiency     0 (alternate
                                             Ventilating, and Air    tradeoff table for     compliance path).
                                             Conditioning.           eliminating
                                                                     economizers.
46..................  av..................  9. Lighting...........  Changes Section 9.1.2  Major + (expansion of
                                                                     to require that in     new lighting power
                                                                     all spaces where       densities to more
                                                                     alterations take       retrofits).
                                                                     place, all
                                                                     requirements of
                                                                     Section 9 are met.
                                                                     Changes exception so
                                                                     that the lighting
                                                                     power density (LPD)
                                                                     requirements of the
                                                                     standard are met in
                                                                     the altered space if
                                                                     less than 10% of
                                                                     luminaries are
                                                                     replaced.

[[Page 43305]]

 
47..................  aw..................  9. Lighting...........  Recognizes practical   Minor - (adds
                                                                     design application     additional lighting
                                                                     of excluding           allowance).
                                                                     bathroom lighting
                                                                     from ``master''
                                                                     switch control in
                                                                     hotel/motel guest
                                                                     rooms and adds a
                                                                     requirement to
                                                                     eliminate wasted
                                                                     light in guest room
                                                                     bathrooms. Adds a 5W
                                                                     allowance for night
                                                                     lights that
                                                                     recognizes the
                                                                     practical current
                                                                     design application
                                                                     of guest room
                                                                     bathroom night light
                                                                     use but at a
                                                                     reasonable low level.
48..................  ax..................  3. Definitions,         Expands requirements   Minor + (more
                                             Abbreviations, and      for Kitchen Exhaust    stringent kitchen
                                             Acronyms; 6. Heating,   Systems (formerly      exhaust
                                             Ventilating, and Air    Kitc8.4.1hen Hoods).   requirements).
                                             Conditioning.           Includes addition of
                                                                     definitions for
                                                                     transfer air,
                                                                     replacement air, and
                                                                     makeup air. Add
                                                                     Table 6.5.7.1.3
                                                                     defining the maximum
                                                                     exhaust flow rate
                                                                     through various hood
                                                                     types (CFM/Linear
                                                                     Foot of Hood
                                                                     Length). Include
                                                                     provisions for hoods
                                                                     with flows greater
                                                                     than 5,000 CFM.
                                                                     Require performance
                                                                     testing to evaluate
                                                                     design airflow rates
                                                                     and demonstrate
                                                                     capture and
                                                                     containment
                                                                     performance.
49..................  ay..................  9. Lighting...........  Change that requires   Minor + (requires
                                                                     users to identify      users to use proper
                                                                     spaces by function.    LPDs).
50..................  az..................  9. Lighting...........  Adds requirements for  Minor + (requires
                                                                     lighting controls to   testing of lighting
                                                                     be functionally        systems).
                                                                     tested to ensure
                                                                     proper use and
                                                                     appropriate energy
                                                                     savings.
51..................  ba..................  6. Heating,             Allows a system        0 (alternative
                                             Ventilating, and Air    performance option     compliance path).
                                             Conditioning.           that allows for
                                                                     compensating for the
                                                                     insulating value of
                                                                     the piping while
                                                                     maintaining the same
                                                                     net thermal
                                                                     requirements.
52..................  bc..................  5. Building Envelope..  Clarifies that the     0 (clarification
                                                                     requirements in        only).
                                                                     Section 5.5.4.2.3
                                                                     are also specified
                                                                     for unconditioned
                                                                     spaces.
53..................  bd..................  8. Power..............  Removes emergency      0 (removes emergency
                                                                     circuits not used      circuits from
                                                                     for normal building    requirements, but
                                                                     operation from the     only impact is when
                                                                     requirements which     emergency circuits
                                                                     will lead to           are activated).
                                                                     increased
                                                                     compliance. Allows
                                                                     for an increased
                                                                     conformance/use of
                                                                     90.1 standard by
                                                                     eliminating issues
                                                                     of impracticality of
                                                                     feeder drop
                                                                     requirements for
                                                                     emergency circuits
                                                                     and provides
                                                                     significant initial
                                                                     cost savings.
54..................  bf..................  3. Definitions,         Modifies language to   Minor + (reduces air
                                             Abbreviations, and      include performance    leakage allowances
                                             Acronyms; 4.            requirements for air   in opaque envelope).
                                             Administration and      leakage of the
                                             Enforcement; 5.         opaque envelope.
                                             Building Envelope.
55..................  bg..................  6. Heating,             Establishes a product  Minor + (adds
                                             Ventilating, and Air    class for water-to-    requirement where no
                                             Conditioning; 12.       water heat pumps.      requirement
                                             Normative References.   Intent is to           previously existed).
                                                                     recognize the
                                                                     technology in 90.1
                                                                     by requiring minimum
                                                                     energy efficiency
                                                                     standards. Cooling
                                                                     Energy Efficiency
                                                                     Ratios (EERs) and
                                                                     heating COPs are
                                                                     proposed for
                                                                     products with
                                                                     cooling capacities
                                                                     below 135,000 Btu/h
                                                                     at standard rating
                                                                     conditions listed in
                                                                     International
                                                                     Organization for
                                                                     Standardization
                                                                     (ISO) standard 13256-
                                                                     2.

[[Page 43306]]

 
56..................  bh..................  6. Heating,             Provides requirements  Major + (requires
                                             Ventilating, and Air    for multiple zone      supply air
                                             Conditioning.           HVAC systems (that     temperature reset
                                                                     include simultaneous   for non-peak
                                                                     heating and cooling)   conditions).
                                                                     to include controls
                                                                     that automatically
                                                                     raise the supply air-
                                                                     temperature when the
                                                                     spaces served are
                                                                     not at peak load
                                                                     conditions. Allows
                                                                     an override of the
                                                                     temperature reset if
                                                                     a maximum space
                                                                     humidity setpoint is
                                                                     exceeded. There is
                                                                     an exception from
                                                                     this requirement for
                                                                     warm and humid
                                                                     climate zones 1a,
                                                                     2a, and 3a.
57..................  bi..................  6. Heating,             Updates requirements   Minor + (reduced
                                             Ventilating, and Air    for piping             piping heat loss/
                                             Conditioning.           insulation,            gain).
                                                                     including
                                                                     incorporation of new
                                                                     90.1 SPPC economic
                                                                     criteria used in
                                                                     developing standard
                                                                     requirements. Adds
                                                                     footnotes to address
                                                                     constrained
                                                                     locations and
                                                                     clarify requirements
                                                                     for direct buried
                                                                     piping.
58..................  bj..................  Normative Appendix G.   Adds an exception      0 (alternative
                                             Performance Rating      within Appendix G      compliance path).
                                             Method.                 that allows users to
                                                                     claim energy cost
                                                                     savings credit for
                                                                     the increased
                                                                     ventilation
                                                                     effectiveness of
                                                                     certain HVAC system
                                                                     designs.
59..................  bk..................  3. Definitions,         Includes the minimum   0 (clarification
                                             Abbreviations and       efficiency             only).
                                             Acronyms; and 10.       requirements for
                                             Other Equipment.        both Subtype I and
                                                                     Subtype II motors as
                                                                     well as clarifies
                                                                     what specific motor
                                                                     types these
                                                                     requirements apply
                                                                     to.
60..................  bl..................  6. Heating,             Corrects the intent    Minor + (removes
                                             Ventilating, and Air    of the standard to     exemption for some
                                             Conditioning.           not exempt all         chillers).
                                                                     chillers with
                                                                     secondary coolants
                                                                     for freeze
                                                                     protection from
                                                                     coverage by Table
                                                                     6.8.1C and removes
                                                                     ambiguity. Changes
                                                                     footnote a to Table
                                                                     6.8.1C in
                                                                     recognition of lower
                                                                     practical scope
                                                                     limits for the lower
                                                                     limit introduced in
                                                                     Addendum M for
                                                                     centrifugal chillers.
61..................  bm..................  5. Building Envelope..  Coordinates            0 (terminology only).
                                                                     terminology for
                                                                     visible
                                                                     transmittance with
                                                                     NFRC 200.
62..................  bn..................  5. Building Envelope;   Limits use of poorly   Minor + (limits poor
                                             11. Energy Cost         oriented               fenestration
                                             Budget Method.          fenestration--compli   orientation).
                                                                     ance shown by having
                                                                     more south-facing
                                                                     than west-facing
                                                                     fenestration.
                                                                     Provides exceptions
                                                                     for retail glass and
                                                                     buildings
                                                                     potentially shaded
                                                                     from the south or
                                                                     west. Exception also
                                                                     provided for certain
                                                                     additions and
                                                                     alterations.
63..................  bo..................  Normative Appendix G.   Effort to keep         0 (alternative
                                             Performance Rating      requirements of        compliance path).
                                             Method.                 Section 11 and
                                                                     Appendix G
                                                                     consistent with
                                                                     other addenda. Makes
                                                                     changes related to
                                                                     Addenda E, S, and U.
64..................  bp..................  9. Lighting...........  Allows the use of      Minor + (allows use
                                                                     control that           of additional energy
                                                                     provides automatic     saving control
                                                                     50% auto on with the   strategy).
                                                                     capability to
                                                                     manually activate
                                                                     the remaining 50%
                                                                     and has full auto-
                                                                     off.
65..................  bq..................  9. Lighting...........  Retail lighting        Minor + (lower retail
                                                                     additional allowance   lighting energy).
                                                                     levels reduced.
66..................  br..................  9. Lighting...........  Adds an exterior zone  Minor + (reduced
                                                                     0 to cover very low    exterior lighting
                                                                     light requirement      energy).
                                                                     areas.

[[Page 43307]]

 
67..................  bs..................  8. Power..............  Adds requirements to   Minor + (reduces
                                                                     provide a means for    energy use during
                                                                     non-critical           unoccupied periods).
                                                                     receptacle loads to
                                                                     be automatically
                                                                     controlled based on
                                                                     occupancy or
                                                                     scheduling without
                                                                     additional
                                                                     individual desktop
                                                                     or similar
                                                                     controllers.
68..................  bt..................  6. Heating,             Modifies equation for  Minor + (chillers
                                             Ventilating, and Air    determining the        that were previously
                                             Conditioning.           performance            exempt are no longer
                                                                     adjustment factor      exempt).
                                                                     for chillers under
                                                                     nonstandard
                                                                     conditions. Adds
                                                                     labeling
                                                                     requirements for
                                                                     chillers to make
                                                                     compliance
                                                                     determinations
                                                                     simpler.
69..................  bu..................  3. Definitions,         Modifies and adds to   Major + (adds
                                             Abbreviations, and      requirements for       efficiency
                                             Acronyms; and 6.        computer rooms.        requirements for
                                             Heating, Ventilating,                          data centers).
                                             and Air Conditioning.
70..................  bv..................  Normative Appendix G.   Effort to keep         0 (alternative
                                             Performance Rating      requirements of        compliance paths).
                                             Method.                 Section 11 and
                                                                     Appendix G
                                                                     consistent with
                                                                     other addenda to
                                                                     90.1. This addendum
                                                                     includes changes to
                                                                     Section 11 and
                                                                     Appendix G due to
                                                                     Addendum Y, AJ, BK,
                                                                     and AX.
71..................  bw..................  6. Heating,             Amends minimum energy  0 (implements
                                             Ventilating, and Air    efficiency             existing Federal
                                             Conditioning.           requirements for       standards).
                                                                     standard-size
                                                                     package terminal
                                                                     equipment to be
                                                                     consistent with the
                                                                     new federal
                                                                     standards.
72..................  bx..................  6. Heating,             Supplements changes    Minor + (limits
                                             Ventilating, and Air    made in addendums H    reheat supply air
                                             Conditioning.           and AS. Attempts to    temperatures).
                                                                     bring into alignment
                                                                     requirements of
                                                                     ASHRAE 90.1 and
                                                                     ASHRAE 62.1. Limits
                                                                     the reheat supply
                                                                     air temperature from
                                                                     ceiling supply air
                                                                     devices to achieve
                                                                     better room air
                                                                     distribution and
                                                                     reduce short-
                                                                     circuiting of air
                                                                     into ceiling return
                                                                     air inlets. Promotes
                                                                     alternative methods
                                                                     of heating perimeter
                                                                     spaces with high
                                                                     heat losses other
                                                                     than use of a VAV
                                                                     box with terminal
                                                                     reheat.
73..................  by..................  3. Definitions,         Revision represents a  Major + (lowered
                                             Abbreviations, and      complete review,       lighting power
                                             Acronyms;.              update, correction,    densities).
                                            9. Lighting...........   and restructuring of
                                                                     the modeling and
                                                                     calculation basis
                                                                     for the space type
                                                                     and resulting whole
                                                                     building type
                                                                     lighting power
                                                                     densities.
74..................  ca..................  6. Heating,             Closes a loophole in   Minor + (removes fan
                                             Ventilating, and Air    the fan power          power allowance for
                                             Conditioning.           allowances for         VAV systems without
                                                                     single zone variable   terminal units).
                                                                     air volume (VAV)
                                                                     systems.
75..................  cb..................  6. Heating,             Adds requirement for   Major + (expansion of
                                             Ventilating, and Air    simple systems to      automatic damper
                                             Conditioning.           meet prescriptive      requirements).
                                                                     outdoor air damper
                                                                     requirements. Allows
                                                                     backdraft dampers
                                                                     only for exhaust and
                                                                     relief dampers in
                                                                     buildings less than
                                                                     3 stories in height.
                                                                     Requires backdraft
                                                                     dampers on outdoor
                                                                     air intakes to be
                                                                     protected from wind
                                                                     limiting windblown
                                                                     infiltration through
                                                                     the damper. Moves
                                                                     climate zone 5a to
                                                                     the category of
                                                                     climates that
                                                                     require low leak
                                                                     dampers. Corrects a
                                                                     mistake in Table
                                                                     6.4.3.4.4. Reformats
                                                                     Table 6.4.3.4.4 for
                                                                     clarity.
76..................  cc..................  6. Heating,             Corrects a mistake in  Minor - (increases
                                             Ventilating, and Air    the way 8'' pipe was   allowable flow rate
                                             Conditioning.           analyzed.              in 8'' pipe).

[[Page 43308]]

 
77..................  cd..................  9. Lighting...........  Additions to (1)       Major + (requires
                                                                     strengthen language    control of exterior
                                                                     to actually require    lighting--savings
                                                                     exterior control       during night when
                                                                     rather than just       lights not needed).
                                                                     require the control
                                                                     capability, (2) add
                                                                     bi-level control for
                                                                     general all-night
                                                                     applications such as
                                                                     parking lots to
                                                                     reduce lighting when
                                                                     not needed, and (3)
                                                                     add control for
                                                                     fa[ccedil]ade and
                                                                     landscape lighting
                                                                     not needed after
                                                                     midnight.
78..................  ce..................  9. Lighting...........  Adds requirements for  0 (manual control
                                                                     multilevel control     requirement).
                                                                     capability (bi-level
                                                                     switching) in all
                                                                     spaces except those
                                                                     specifically
                                                                     exempted.
79..................  cf..................  9. Lighting...........  Adds requirements for  Minor + (energy
                                                                     automatic reduction    savings through use
                                                                     of stairway lighting   of controls in
                                                                     within 30 minutes of   stairways).
                                                                     occupants exiting
                                                                     the zone.
80..................  ch..................  11. Energy Cost Budget  Clarifies baseline     0 (alternative
                                             Method; Normative       minimum setpoints      compliance path).
                                             Appendix G.             for fan-powered
                                             Performance Rating      boxes and VAV reheat
                                             Method.                 boxes. Modifies
                                                                     exceptions to:
                                                                     remove exception
                                                                     originally intended
                                                                     for hospitals and
                                                                     laboratory type
                                                                     spaces, clarify that
                                                                     lab systems with
                                                                     greater than 5000
                                                                     cfm of exhaust air
                                                                     use a single VAV
                                                                     baseline system; and
                                                                     add exception to the
                                                                     50% lab VAV minimum
                                                                     airflow to address
                                                                     minimum ventilation
                                                                     requirements lab
                                                                     designers follow to
                                                                     meet codes and
                                                                     accreditation
                                                                     standards.
81..................  ck..................  6. Heating,             Expands zone-level     Minor + (expands
                                             Ventilating, and Air    demand controlled      automatic zone reset
                                             Conditioning.           ventilation to         in multizone
                                                                     include various        systems).
                                                                     forms of system
                                                                     level strategies. It
                                                                     is being added to
                                                                     the prescriptive
                                                                     section, so that it
                                                                     could be traded off
                                                                     using the Energy
                                                                     Cost Budget (ECB)
                                                                     method.
82..................  cl..................  3. Definitions,         Clarifies how to       0 (alternative
                                             Abbreviations, and      interpret the use of   compliance path).
                                             Acronyms;.              dynamic glazing
                                            5. Building Envelope..   which are designed
                                                                     to be able to vary a
                                                                     performance property
                                                                     such as Solar Heat
                                                                     Gain Coefficient
                                                                     (SHGC), rather than
                                                                     having just a single
                                                                     value.
83..................  cn..................  9. Lighting...........  Adds two versions of   0 (alternative
                                                                     a combined advanced    compliance path).
                                                                     control to the
                                                                     control incentives
                                                                     table (9.6.2). These
                                                                     control system
                                                                     combinations involve
                                                                     personal workstation
                                                                     control and work-
                                                                     station-specific
                                                                     occupancy sensors
                                                                     for open office
                                                                     applications.
84..................  co..................  6. Heating,             This proposal makes    Minor + (improves
                                             Ventilating, and Air    three amendments to    efficiency of minor
                                             Conditioning.           Table 6.8.1A. First,   market products).
                                                                     it updates EER and
                                                                     IEER values for all
                                                                     condensing units and
                                                                     water and
                                                                     evaporatively cooled
                                                                     air conditioners
                                                                     with cooling
                                                                     capacities greater
                                                                     than 65,000 Btu/h.
                                                                     Second, the proposal
                                                                     establishes a
                                                                     separate product
                                                                     class for
                                                                     evaporatively cooled
                                                                     air conditioners
                                                                     with different
                                                                     energy efficiency
                                                                     standards. Third,
                                                                     the proposal
                                                                     replaces the IPLV
                                                                     descriptor for
                                                                     condensing units
                                                                     with the new IEER
                                                                     metric and amends
                                                                     the EERs with more
                                                                     stringent values.

[[Page 43309]]

 
85..................  cp..................  3. Definitions,         Establishes            0 (not more stringent
                                             Abbreviations, and      efficiency             than common
                                             Acronyms;.              requirements for       practice).
                                            6. Heating,              Variable Refrigerant
                                             Ventilating, and Air    Flow (VRF) air
                                             Conditioning.           conditioners and
                                                                     heat pumps including
                                                                     heat pumps that use
                                                                     a water source for
                                                                     heat rejection.
86..................  cq..................  6. Heating,             Addendum is based on   Minor + (reduced duct
                                             Ventilating, and Air    economic analysis      leakage).
                                             Conditioning;           using the current
                                             Informative Appendix    scalar value. Nearly
                                             E. Informative          all classes are
                                             References.             economically
                                                                     justified at seal
                                                                     class A, allowing
                                                                     for the removal of
                                                                     two tables.
87..................  cr..................  3. Definitions,         Modifies definition    0 (alternative
                                             Abbreviations, and      of unmet load hour     compliance paths).
                                             Acronyms; 11. Energy    and adds definition
                                             Cost Budget Method      for temperature
                                             and Normative           control throttling
                                             Appendix G.             range. Requires that
                                             Performance Rating      both baseline and
                                             Method.                 proposed unmet hours
                                                                     not exceed 300.
                                                                     Removes language
                                                                     allowing
                                                                     modification of
                                                                     system coil
                                                                     capacities to reduce
                                                                     unmet hours as
                                                                     needed.
88..................  cs..................  8. Power..............  Modifies automatic     Major+ (minimizes
                                                                     receptacle control     exceptions to
                                                                     requirements and       switched receptacle
                                                                     exemptions to          requirement.
                                                                     eliminate potential
                                                                     practical
                                                                     application issues.
89..................  ct..................  9. Lighting...........  Reduces the area       Minor + (reduce area
                                                                     threshold where side   requirement for
                                                                     daylighting requires   occupancy sensors).
                                                                     daylight sensor
                                                                     control down to 250
                                                                     square feet.
90..................  cv..................  10. Other Equipment...  Adds requirements for  Minor + (adds
                                                                     service water          requirements for
                                                                     pressure booster       service water
                                                                     systems.               pressure booster
                                                                                            systems).
91..................  cw..................  11. Energy Cost Budget  Revises the Energy     0 (alternative
                                             Method.                 Cost Budget for        compliance path).
                                                                     service hot water
                                                                     heaters. Corrects
                                                                     contradiction with
                                                                     section 11.32(b).
                                                                     Provides user
                                                                     instruction for
                                                                     situations where a
                                                                     certain type of
                                                                     service hot water
                                                                     system is not listed
                                                                     in Table 7.8.
92..................  cy..................  6. Heating,             Makes several          Major + (expands use
                                             Ventilating, and Air    revisions to the       of economizers).
                                             Conditioning.           economizer
                                                                     requirements in
                                                                     section 6.5.1 and
                                                                     6.3.2. Updates Table
                                                                     6.3.2 which allows
                                                                     for the elimination
                                                                     of economizers
                                                                     through the use of
                                                                     higher efficiency
                                                                     HVAC equipment.
93..................  cz..................  9. Lighting...........  Incorporates bi-level  Minor + (reduced
                                                                     control for parking    parking garage
                                                                     garages to reduce      lighting).
                                                                     energy waste during
                                                                     unoccupied periods.
94..................  da..................  Normative Appendix G.   Establishes that an    0 (performance rating
                                             Performance Rating      Appendix G baseline    method).
                                             Method.                 shall be based on
                                                                     the minimum
                                                                     ventilation
                                                                     requirements
                                                                     required by local
                                                                     codes or a rating
                                                                     authority and not
                                                                     the proposed design
                                                                     ventilation rates.
95..................  db..................  Normative Appendix G.   This addendum          0 (performance rating
                                             Performance Rating      modifies the design    method).
                                             Method.                 air flow rates for
                                                                     laboratory systems
                                                                     in the baseline
                                                                     building in Appendix
                                                                     G.
96..................  dc..................  9. Lighting...........  Removes information    Minor - (tandem
                                                                     related to tandem      wiring no longer
                                                                     wiring of lighting.    used in practice--
                                                                                            possible small
                                                                                            increase in energy
                                                                                            usage).
97..................  dd..................  5. Building Envelope;   Reduces the area       Major + (requires
                                             and 9. Lighting.        threshold where        daylighting controls
                                                                     skylights are          in more spaces).
                                                                     required to be
                                                                     designed into
                                                                     building spaces down
                                                                     to 5000 square feet
                                                                     and similarly
                                                                     reduces the
                                                                     threshold where
                                                                     daylighting controls
                                                                     must be applied to
                                                                     900 square feet.

[[Page 43310]]

 
98..................  de..................  9. Lighting...........  Splits the ``generic   0 (allows more
                                                                     lobby'' from common    lighting power in
                                                                     elevator lobbies and   lobbies but less in
                                                                     lighting power         elevator lobbies).
                                                                     densities were
                                                                     adjusted to reflect
                                                                     specific space
                                                                     needs. Also removes
                                                                     the fitness center
                                                                     audience seating
                                                                     because it's
                                                                     considered a space
                                                                     type that was
                                                                     considered not used
                                                                     and potentially
                                                                     confusing.
99..................  df..................  10. Other Equipment...  Adds requirements      Minor + (small
                                                                     that address excess    lighting and
                                                                     energy use in          ventilation
                                                                     elevators due to       savings).
                                                                     ventilation fans and
                                                                     cab lighting.
100.................  dg..................  3. Definitions,         Adds a definition for  0 (clarification of
                                             Acronyms, and           the term ``field-      definition).
                                             Abbreviations; and      fabricated
                                             Normative Appendix G.   fenestration'' used
                                             Performance Rating      in section 5.4.3.2
                                             Method.                 consistent with
                                                                     Interpretation IC
                                                                     90.1-2007-01 and
                                                                     similar language in
                                                                     California's Title
                                                                     24.
101.................  di..................  3. Definitions,         Adds requirements for  Minor + (reduced
                                             Abbreviations, and      enclosed parking       parking garage
                                             Acronyms; 6. Heating,   garage ventilation.    ventilation energy).
                                             Ventilating, and Air
                                             Conditioning.
102.................  dj..................  6. Heating,             Limits the fan energy  Minor + (limits fan
                                             Ventilating, and Air    allowance for energy   energy allowance of
                                             Conditioning.           recovery devices to    energy recovery
                                                                     values that            devices).
                                                                     approximate the
                                                                     results of the
                                                                     economic analysis,
                                                                     with some allowance
                                                                     to permit adequate
                                                                     pressure drop for
                                                                     products near the
                                                                     minimum recovery
                                                                     effectiveness of
                                                                     50%. A separate
                                                                     allowance is also
                                                                     created for coil
                                                                     runaround loop
                                                                     systems.
103.................  dk..................  Normative Appendix C.   Adds clarity and       0 (alternative
                                             Methodology for         instruction to the     compliance path).
                                             Building Envelope       users of Appendix C,
                                             Trade-Off Option in     the envelope trade
                                             Subsection 5.6.         off option, for new
                                                                     requirements that
                                                                     were added in
                                                                     addendums AL, BC,
                                                                     and BN. AL required
                                                                     skylights and
                                                                     lighting controls in
                                                                     certain occupancies.
                                                                     BC required
                                                                     skylights and
                                                                     lighting controls in
                                                                     unconditioned semi-
                                                                     heated spaces. BN
                                                                     dealt with
                                                                     orientation specific
                                                                     SHGC requirements.
104.................  dl..................  Normative Appendix C.   Gives instruction to   0 (alternative
                                             Methodology for         the users of           compliance path).
                                             Building Envelope       Appendix C on how to
                                             Trade-Off Option in     model the base
                                             Subsection 5.6.         envelope design and
                                                                     the proposed
                                                                     envelope design on
                                                                     how to comply with
                                                                     the cool roof
                                                                     provisions of
                                                                     Section 5.
105.................  dn..................  Normative Appendix G.   This addendum adds     0 (performance rating
                                             Performance Rating      system types 9 and     method).
                                             Method.                 10 for heated only
                                                                     storage spaces and
                                                                     associated changes.
106.................  do..................  4. Administration and   Establishes the goals  0 (documentation
                                             Enforcement; 9.         and requirements of    only).
                                             Lighting.               the lighting system
                                                                     including controls
                                                                     and ensures that
                                                                     owners are provided
                                                                     all the information
                                                                     necessary to best
                                                                     use and maintain
                                                                     lighting systems.
107.................  dp..................  12. Normative           Updates the            0 (updates
                                             References.             references in 90.1     references).
                                                                     to reflect the
                                                                     current edition of
                                                                     the cited standard.
                                                                     Substantive changes
                                                                     in the referenced
                                                                     documents did not
                                                                     affect the
                                                                     requirements in 90.1
                                                                     or change the
                                                                     stringency of the
                                                                     requirements of 90.1.
108.................  dq..................  Normative Appendix C.   Modifies the           0 (alternative
                                             Methodology for         calculations found     compliance path).
                                             Building Envelope       in Appendix C in
                                             Trade-Off Option in     order to reflect
                                             Subsection 5.6.         modifications to the
                                                                     modeling assumptions.

[[Page 43311]]

 
109.................  dr..................  9. Lighting...........  Original purpose of    0 (editorial only).
                                                                     9.4.4 was to limit
                                                                     the use of
                                                                     inefficient lighting
                                                                     sources for high
                                                                     wattage applications
                                                                     when there was not a
                                                                     comprehensive table
                                                                     of lighting power
                                                                     density limits. With
                                                                     such a table now in
                                                                     place, section 9.4.4
                                                                     is no longer
                                                                     necessary
----------------------------------------------------------------------------------------------------------------

    Table 2 is an overall summary of the addenda in terms of their 
impact in the qualitative analysis. Overall, the sum of the major 
positive and minor positive addenda (56) greatly overwhelms the number 
of minor negative addenda (6), leading to the conclusion that the 
overall impact of the addenda on the standard is positive.

                                           Table 2--Overall Summary of Addenda Impact in Qualitative Analysis
--------------------------------------------------------------------------------------------------------------------------------------------------------
                           Major negative                             Minor negative      Neutral       Minor positive   Major positive       Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
None...............................................................               6               47               37               19              109
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The 6 negative impacts on energy efficiency include:
    1. Addendum b--allows larger than minimum ventilation rates if 
required by other codes.
    2. Addendum c--allows an exception to dehumidification for controls 
for vivariums.
    3. Addendum p--increases allowable pressure drop in laboratory 
exhaust systems.
    4. Addendum aw--adds an additional lighting allowance for 
nightlights in hotel/motel bathrooms.
    5. Addendum cc--allows higher flow rates in 8'' piping.
    6. Addendum dc--eliminates tandem wiring requirement.
    None of these negative impacts are judged to be significant. 
Addendum b simply acknowledges that Standard 90.1 does not address 
ventilation rates that are required in other codes. Addendum c simply 
adds vivariums (spaces used for plant or animal growth) to the list of 
spaces that may have more stringent humidity requirements than normal 
spaces. Addendum p increases allowable pressure drop in laboratory 
exhaust systems and addresses some noted shortcomings in the previous 
version of Standard 90.1 with regard to fume hoods. Addendum aw 
acknowledges the common practice of the use of bathroom lights as 
``nightlights'' in hotel/motel guest rooms. Addendum cc corrects a 
calculation error in the previous version of Standard 90.1. Addendum dc 
eliminates a tandem wiring requirement for ballasts that is no longer 
used with the widespread use of electronic ballasts.
    The 19 major positive impacts on energy efficiency include:
    1. Addendum d--requires daylighting controls under skylights and 
commissioning of daylighting controls.
    2. Addendum e--requires increased use of heat recovery.
    3. Addendum f--requires cool roofs in hot climates.
    4. Addendum i--lower illuminance requirements in certain exterior 
zones.
    5. Addendum m--updates chiller efficiency requirements.
    6. Addendum n--extends VAV fan control requirements.
    7. Addendum x--adds occupancy sensor requirements for many specific 
applications.
    8. Addendum ab--adds daylighting control requirements for side-
lighted spaces.
    9. Addendum al--requires skylights and daylighting in some building 
types.
    10. Addendum ap--reduces ventilation energy.
    11. Addendum av--expansion of new lighting power densities to more 
retrofits.
    12. Addendum bh--requires supply air temperature reset for non-peak 
conditions.
    13. Addendum bu--adds efficiency requirements for data centers.
    14. Addendum by--required lower lighting power densities.
    15. Addendum cb--expands automatic damper requirements.
    16. Addendum cd--requires control of exterior lighting.
    17. Addendum cs--minimizes exceptions to switched receptacle 
requirement.
    18. Addendum cy--expands use of economizers.
    19. Addendum dd--requires daylighting controls in more spaces.
    Many of these ``major positive'' addenda are self descriptive. The 
high-level themes of the major positive addenda tend to be as follows:
     Better lighting, daylighting, and controls (d, i, x, ab, 
al, av, by, cd, cs, and dd).
     Better mechanical systems and application to more systems 
(e, m, n, ap, bh, bu, cb, and cy).
     Better building envelope (f).
    There are an additional 37 addenda that have minor positive 
impacts. See the complete qualitative analysis for additional detail.

B. Quantitative Analysis

1. Discussion of Whole Building Energy Analysis
    The quantitative comparison of Standard 90.1-2010 was carried out 
using whole-building energy simulations of buildings built to both 
Standard 90.1-2007 and Standard 90.1-2010. DOE simulated 16 
representative building types in 15 U.S. climate locations, each 
climate location selected to be representative of one of the 15 U.S 
climate zones used in the definition of building energy code criteria 
in Standard 90.1-2007 and Standard 90.1-2010. The simulations were 
developed using specific building prototypes based on the DOE 
commercial reference building models developed for DOE's

[[Page 43312]]

Net-Zero Energy Commercial Building Initiative. (These reference 
building prototypes were formerly known as Benchmark building models.)
    For each building prototype simulated in each climate the energy 
use intensities (EUI) by fuel type and by end-use were extracted. These 
EUIs by fuel type for each building were then weighted to national 
average EUI figures using weighting factors based on the relative 
square footage of construction represented by that prototype in each of 
the 15 climate regions. These weighting factors were based on 
commercial building construction starts data for a five year period 
from 2003 to 2007. The source of data was the McGraw-Hill Construction 
Projects Starts Database (MHC). The MHC database captures over 90% of 
new commercial construction in any given year and the collection 
process is independently monitored to ensure the coverage of most of 
the commercial construction in the U.S. The data is 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) for 
characterizing building construction in the U.S. For the purpose of 
developing construction weighting factors, the strength of this data 
lies in the number of samples, the characterization of each sample in 
terms of building end-use and size and number of stories, the frequency 
of data collection, and the detailed location data. In addition, the 
MHC database can be used to identify multifamily residential buildings 
that would be covered under ASHRAE Standard 90.1.
    DOE's prototypes reflect the use of two fuel types, electricity and 
natural gas. Using the weighting factors, DOE was able to establish an 
estimate of the relative reduction in building energy use, as 
determined by a calculated reduction in weighted average site EUI for 
each building prototype. Site energy refers to the energy consumed at 
the building site. In a corresponding fashion, DOE was also able to 
calculate a reduction in terms of weighted average primary EUI and in 
terms of weighted average energy cost intensity (ECI) in $/sq. ft. of 
building floorspace. Primary energy as used here refers to the energy 
required to generate and deliver energy to the site. To estimate 
primary energy, all electrical energy use intensities were first 
converted to primary energy using a factor of 10,918 Btus primary 
energy per kWh (based on the 2010 estimated values reported in Table 2 
of the EIA 2010 Annual Energy Outlook, release date December 2009, 
available at http://www.eia.doe.gov/oiaf/archive/aeo10/aeoref_tab.html).
    The conversion factor of 10,918 was calculated from Table 2 by 
summing the commercial electricity value of 4.62 quads with the 
electricity losses value of 10.17 quads and then dividing that sum by 
the commercial value. ((4.62 + 10.17)/4.62 = 3.2) This yields an 
electricity ratio of 3.2 for converting how much primary (source) 
electricity is required per unit of site required electricity. This 
ratio of 3.2 is then multiplied by 3,412 Btu per kWh, producing a value 
of 10,918 Btus primary energy per kWh of site energy. Natural Gas EUIs 
in the prototypes were converted to primary energy using a factor of 
1.090 Btus primary energy per Btu of site natural gas use (based on the 
2010 national energy use estimated shown in Table 2 of the AEO 2010). 
This natural gas source energy conversion factor was calculated by 
dividing the natural gas subtotal of 23.15 quads (sum of all natural 
gas usage, including usage for natural gas field production, leases, 
plant fuel, and pipeline (compression) supply) by the delivered natural 
gas total of 21.23 quads (sum of four primary energy sectors 
(residential, commercial, industrial, and transportation).
a. Calculation of Energy Cost Index
    To estimate the reduction in energy cost index, DOE relied on 
national average commercial building energy prices of $0.1027/kWh of 
electricity and $10.06 per 1000 cubic feet ($0.9796/therm) of natural 
gas, based on EIA statistics for 2010 (the last complete year of data 
available in Table 5.3 Average Retail Price of Electricity to Ultimate 
Consumers: Total by End-Use Sector for the commercial sector--available 
from EIA at http://www.eia.doe.gov/cneaf/electricity/epm/table5_3.html 
and for 2009 (the last complete year of data available from the EIA 
Natural Gas Annual Summary for the commercial sector available at 
http://tonto.eia.doe.gov/dnav/ng/ng_pri_sum_dcu_nus_a.htm.) DOE 
recognizes that actual fuel costs will vary somewhat by building type 
within a region, and will in fact vary more across regions. 
Nevertheless, DOE believes that the use of simple national average 
figures illustrates whether there will be energy cost savings 
sufficient for the purposes of the DOE determination.
b. Calculation of Energy Use Intensities
    Energy use intensities developed for each representative building 
type were weighted by total national square footage of each 
representative building type to provide an estimate of the difference 
between the national energy use in buildings constructed to the 2007 
and 2010 editions of the Standard 90.1. Note that the 16 buildings 
types used in the preliminary determination reflect approximately 80% 
of the total square footage of commercial construction including multi-
family buildings greater than three stories covered under ASHRAE 
Standard 90.1.
    Note that only differences between new building requirements were 
considered in this quantitative analysis. Changes to requirements in 
the 2010 edition that pertain to existing buildings only are addressed 
in the detailed textual analysis only.
c. Application to Additions and Renovations
    Both the 2010 and 2007 editions address additions and renovations 
to existing buildings. Since DOE has preliminarily found insufficient 
data to characterize renovations in terms of what energy using features 
are utilized, DOE has not determined that the results obtained from the 
whole building prototypes used would reasonably reflect the EUI 
benefits that would accrue to renovated floor space. For this reason, 
renovated floor space is not included in the DOE weighting factors. 
Building additions on the other hand are believed to be substantially 
equivalent to new construction. For this reason, FW Dodge construction 
data on additions has been incorporated into the overall weighting 
factors. Floor space additions reflect approximately 13 percent of new 
construction floor space based on data captured in the FW Dodge 
dataset.
d. Ventilation Rate Assumptions
    The preliminary quantitative analysis assumed the same base 
ventilation level for buildings constructed to Standard 90.1-2007 and 
Standard 90.1-2010. Neither edition of Standard 90.1 specifies 
ventilation rates for commercial building construction. ASHRAE has a 
separate ventilation standard for commercial construction, ASHRAE 
Standard 62.1 Ventilation for Acceptable Indoor Air Quality. This 
standard is cited only in a few exceptions within the mechanical 
sections of either Standard 90.1-2007 or Standard 90.1-2010, with each 
edition referencing a different version of Standard 62.1. Standard 
90.1-2007 lists Standard 62.1-2004 in its table of references. Standard 
90.1-2010 lists Standard 62.1-2007 in its table of references.
    Ventilation rates can have significant impact on the energy use of 
commercial buildings. States and local jurisdictions

[[Page 43313]]

typically specify the ventilation requirements for buildings within 
their respective building codes and can set these requirements 
independent of the energy code requirements. Because of the limited 
reference to ventilation within either the 2007 or the 2010 edition, 
the requirements that States certify that their energy codes meet or 
exceed the 2010 edition of Standard 90.1 would in general not require 
modification of State ventilation code requirements. However, in many 
cases, ventilation requirements can be traced back to requirements 
found in one or another version of Standard 62.1. For the purpose of 
the quantitative analysis, DOE assumed ventilation rates for the 
simulation prototypes based on the requirements of Standard 62.1-2004.
2. Results of Whole Building Energy Analysis
    The preliminary quantitative analysis of the energy consumption of 
buildings built to Standard 90.1-2010, as compared with buildings built 
to Standard 90.1-2007, indicates national primary energy savings of 
approximately 18.2 percent of commercial building energy consumption 
based on the weighting factors for the 16 buildings simulated. Site 
energy savings are estimated to be approximately 18.5 percent. Using 
national average fuel prices for electricity and natural gas DOE 
estimated a reduction in energy expenditures of 18.2 percent would 
result from the use of Standard 90.1-2010 as compared to Standard 90.1-
2007. As identified previously, these estimated savings figures do not 
include energy savings from equipment or appliance standards that would 
be in place due to Federal requirements regardless of their presence in 
the Standard 90.1-2010.
    Tables 3 and 4 show the aggregated energy use and associated energy 
savings by building type for the 16 building prototypes analyzed and on 
an aggregated national basis for the 2007 and 2010 editions, 
respectively. For each edition of Standard 90.1, the national building 
floor area weight used to calculate the national impact on building EUI 
or building ECI is presented. National-average site energy use 
intensities ranges from over five hundred Btu per square foot annually 
for the Fast Food prototype to approximately 20 Btu per square foot 
annually for the Non-refrigerated Warehouse type. Source energy use 
intensities and building energy cost intensities ($/sf-yr) are also 
presented. Further details on the preliminary quantitative analysis can 
be found in the full preliminary quantitative analysis report available 
at http://www.energycodes.gov/status/determinations_com.stm.

                     Table 3--Estimated Energy Use Intensity by Building Type--2007 Edition
----------------------------------------------------------------------------------------------------------------
                                                                       Whole building EUI data for building
                                                   Building type                    population
         Building type              Building        floor area   -----------------------------------------------
                                    prototype        weight  %    Site EUI kBtu/    Source EUI
                                                                      ft2-yr        kBtu/ft2-yr    ECI $/ft2-yr
----------------------------------------------------------------------------------------------------------------
Office........................  Small Office....            5.61            39.1           118.4           $1.11
                                Medium Office...            6.05            47.7           140.6            1.32
                                Large Office....            3.33            42.8           123.3            1.16
Retail........................  Stand-Alone                15.25            65.0           179.5            1.69
                                 Retail.
                                Strip Mall......            5.67            68.3           186.0            1.75
Education.....................  Primary School..            4.99            63.4           170.2            1.60
                                Secondary School           10.36            54.2           149.7            1.41
Healthcare....................  Outpatient                  4.37           162.0           438.0            4.11
                                 Health Care.
                                Hospital........            3.45           156.4           374.9            3.51
Lodging.......................  Small Hotel.....            1.72            70.8           179.4            1.68
                                Large Hotel.....            4.95           157.1           315.8            2.95
Warehouse.....................  Non-Refrigerated           16.72            24.2            58.6            0.55
                                 Warehouse.
Food Service..................  Fast-Food                   0.59           547.7          1068.0            9.98
                                 Restaurant.
                                Sit-Down                    0.66           382.4           810.7            7.59
                                 Restaurant.
Apartment.....................  Mid-Rise                    7.32            44.2           123.7            1.16
                                 Apartment.
                                High-Rise                   8.97            44.2           129.3            1.22
                                 Apartment.
National......................  ................             100            67.5           174.0            1.63
----------------------------------------------------------------------------------------------------------------

                     Table 4--Estimated Energy Use Intensity by Building Type--2010 Edition
----------------------------------------------------------------------------------------------------------------
                                                                       Whole building EUI data for building
                                                   Building type                    population
         Building type              Building        floor area   -----------------------------------------------
                                    prototype        weight  %    Site EUI  kBtu/   Source EUI
                                                                      ft2-yr        kBtu/ft2-yr    ECI  $/ft2-yr
----------------------------------------------------------------------------------------------------------------
Office........................  Small Office....            5.61            32.8            99.0           $0.93
                                Medium Office...            6.05            37.1           106.3           $1.00
                                Large Office....            3.33            33.3            96.8            0.91
Retail........................  Stand-Alone                15.25            48.0           135.1            1.27
                                 Retail.
                                Strip Mall......            5.67            56.9           150.9            1.42
Education.....................  Primary School..            4.99            48.0           134.8            1.27
                                Secondary School           10.36            39.8           114.9            1.08
Healthcare....................  Outpatient                  4.37           125.4           340.9            3.20
                                 Health Care.
                                Hospital........            3.45           118.1           299.5            2.81
Lodging.......................  Small Hotel.....            1.72            66.6           165.7            1.55
                                Large Hotel.....            4.95           139.8           282.5            2.64
Warehouse.....................  Non-Refrigerated           16.72            19.2            45.0            0.42
                                 Warehouse.
Food Service..................  Fast-Food                   0.59           519.9           976.5            9.12
                                 Restaurant.
                                Sit-Down                    0.66           330.9           654.1            6.12
                                 Restaurant.
Apartment.....................  Mid-Rise                    7.32            41.2           118.3            1.11
                                 Apartment.

[[Page 43314]]

 
                                High-Rise                   8.97            41.0           123.5            1.16
                                 Apartment.
National......................  ................          100               55.5           142.4            1.34
----------------------------------------------------------------------------------------------------------------

    Table 5 presents the estimated percent energy savings (based on 
change in EUI) between the 2007 and 2010 editions. Overall, considering 
those differences that can be reasonably quantified, the 2010 edition 
is expected to increase the energy efficiency of commercial buildings. 
Numbers in Table 5 represent percent energy savings.

                  Table 5--Estimated Percent Energy Savings with 2010 Edition--by Building Type
----------------------------------------------------------------------------------------------------------------
                                                                   Percent savings in whole building energy use
                                    Building       Building type                  intensity  (%)
         Building type              prototype       floor area   -----------------------------------------------
                                                     weight  %       Site EUI       Source EUI          ECI
----------------------------------------------------------------------------------------------------------------
Office........................  Small Office....            5.61            16.1            16.4            16.4
                                Medium Office...            6.05            22.1            24.4            24.4
                                Large Office....            3.33            22.3            21.5            21.5
Retail........................  Stand-Alone                15.25            26.1            24.7            24.7
                                 Retail.
                                Strip Mall......            5.67            16.8            18.9            18.9
Education.....................  Primary School..            4.99            24.2            20.8            20.8
                                Secondary School           10.36            26.7            23.3            23.2
Healthcare....................  Outpatient                  4.37            22.6            22.2            22.2
                                 Health Care.
                                Hospital........            3.45            24.5            20.1            20.1
Lodging.......................  Small Hotel.....            1.72             5.9             7.7             7.7
                                Large Hotel.....            4.95            11.0            10.5            10.5
Warehouse.....................  Non-Refrigerated           16.72            20.7            23.1            23.1
                                 Warehouse.
Food Service..................  Fast Food                   0.59             5.1             8.6             8.6
                                 Restaurant.
                                Sit-Down                    0.66            13.5            19.3            19.4
                                 Restaurant.
Apartment.....................  Mid-Rise                    7.32             6.8             4.4             4.4
                                 Apartment.
                                High-Rise                   8.97             7.2             4.5             4.5
                                 Apartment.
National......................  ................             100            18.5            18.2            18.2
----------------------------------------------------------------------------------------------------------------

C. Preliminary Determination Statement

    DOE's review and evaluation indicates that there are significant 
differences between the 2007 edition and the 2010 edition. DOE's 
overall preliminary conclusion is that the 2010 edition will improve 
the energy efficiency of commercial buildings.
    However, DOE identified six changes in textual requirements that 
taken alone appear to represent a reduction in stringencies and could 
decrease energy efficiency. The six changes are:
     Addendum b, which allows larger than minimum ventilation 
rates if required by other codes;
     Addendum c, which allows an exception to dehumidification 
for controls for vivariums;
     Addendum p, which increases allowable pressure drop in 
laboratory exhaust systems;
     Addendum aw, which adds an additional lighting allowance 
for nightlights in hotel/motel bathrooms;
     Addendum cc, which allows higher flow rates in 8'' piping; 
and
     Addendum dc, which eliminates tandem wiring requirements.
    DOE believes that in these cases, the reduction in stringency was 
not considered a major impact. For the other addenda, DOE preliminarily 
determined that the remaining addenda either represented no change in 
stringency, or indicated a positive change in stringency corresponding 
to improved efficiency. Overall, DOE preliminarily concluded the 
changes in textual requirements and stringencies are ``positive,'' in 
the sense that they would improve energy efficiency in commercial 
construction.
    The quantitative analysis preliminarily shows that for the 16 
prototype buildings, a weighted average national improvement in new 
building efficiency of 16.5 percent, when considering source energy, 
and by 17.1 percent, when considering site energy.
    As both the 2007 and 2010 editions cover existing buildings, to the 
extent that these standards are applied to existing buildings in 
retrofits or in new construction addition, the 2010 edition should 
improve the efficiency of the existing building stock.
    DOE has, therefore, preliminarily concluded that Standard 90.1-2010 
receive an affirmative determination under Section 304(b) of ECPA.

III. Filing Certification Statements With DOE

A. Review and Update

    If today's determination is finalized, each State would be required 
to review and update, as necessary, the provisions of its commercial 
building energy code to meet or exceed the energy efficiency provisions 
of the 2010 edition. (42 U.S.C. 6833(b)(2)(B)(i)) This action would be 
required to be taken not later than two years from the date of the 
final determination notice, unless an extension is provided.
    The 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 2010 edition of Standard 90.1. States

[[Page 43315]]

may base their certifications on reasonable actions by units of general 
purpose local government. Each such State must still review the 
information obtained from the local governments and gather any 
additional data and testimony for its own certification.
    Note that the applicability of any State revisions to new or 
existing buildings would be governed by the State building codes. 
However, it is our understanding that generally, the revisions would 
not apply to existing buildings unless they are undergoing a change 
that requires a building permit.
    States should be aware that the DOE considers high-rise (greater 
than three stories) multi-family residential buildings, hotel, motel, 
and other transient residential building types of any height as 
commercial buildings for energy code purposes. Consequently, commercial 
buildings, for the purposes of certification, would include high-rise 
(greater than three stories) multi-family residential buildings, hotel, 
motel, and other transient residential building types of any height.

B. Certification

    If today's determination is finalized, 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 
90.1-2010 edition. (42 U.S.C. 6833(b)) If today's determination is 
finalized before the 2 year deadline to file a certification for the 
2007 positive determination then a state may file just one 
certification to address both determinations. The certification must 
include a demonstration that the provisions of the State's commercial 
building energy code regarding energy efficiency meet or exceed 
Standard 90.1-2010. If a State intends to certify that its commercial 
building energy code already meets or exceeds the requirements of 
Standard 90.1-2010, the State should provide an explanation of the 
basis for this certification, e.g., Standard 90.1-2010 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, such as the 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.
    DOE does list the States that have filed certifications and those 
that have or have not adopted new codes on the DOE Energy Efficiency 
and Renewable Energy Web site at http://www.energycodes.gov/states/. 
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 codes (in this case, ASHRAE 
Standard 90.1).
    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 grants to 
these States through grant programs administered by the National Energy 
Technology Laboratory (NETL). DOE does not prescribe how each State 
adopts and enforces its energy codes.

C. Request for Extensions To Certify

    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.

IV. Regulatory Analysis

A. Review Under Executive Order 12866

    Today's action is a significant regulatory action under section 
3(f)(1) of Executive Order 12866, ``Regulatory Planning and Review'' 
(58 FR 51735; October 4, 1993). Accordingly, today's action was 
reviewed by the Office of Information and Regulatory Affairs (OIRA) in 
the Office of Management and Budget (OMB).

B. 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 (Aug. 16, 2002)), 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 made its 
procedures and policies available on the Office of General Counsel's 
Web site: http://www.gc.doe.gov.
    DOE has reviewed today's preliminary determination under the 
provisions of the Regulatory Flexibility Act and the procedures and 
policies published on February 19, 2003. If today's action on the 
preliminary determination of improved energy efficiency between the 
2007 and 2010 editions of Standard 90.1 is finalized by DOE then it 
would require States to undertake an analysis of their respective 
building codes. As such, the only entities directly regulated by this 
preliminary 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.
    On the basis of the foregoing, DOE certifies that this preliminary 
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 preliminary 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).

C. Review Under the National Environmental Policy Act of 1969

    DOE has preliminarily determined that 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 efficiency in commercial buildings and

[[Page 43316]]

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 two 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.

D. Review Under Executive Order 13132, ``Federalism''

    Executive Order 13132, 64 FR 43255 (Aug 4, 1999), 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. 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 assure, 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 versions of ASHRAE 90.1 would improve 
the level of energy efficiency in commercial buildings as compared to 
the previous version. 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, 64 FR 43255 (August 4, 1999) 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 under this subsection, the Secretary shall 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.'' (42 U.S.C. 6833(e)) Therefore, 
consultation with States and local officials regarding this preliminary 
determination was not required.
    However, DOE notes that State and local governments were invited to 
participate in the development Standard 90.1-2010. Standard 90.1-2010, 
was developed in a national American National Standards Institute 
consensus process open to the public and in which State and local 
governments participate along with DOE and other interested parties. It 
is the product of a series of amendments to the prior addition of the 
standard. Each addendum is put out for national public review. Anyone 
may submit comments, and in the process comments were received from 
State and local governments. Comments on the addendum are received, 
reviewed and resolved through a consensus process. Members of the 
standards project committee have included representatives of State and 
local governments.
    DOE annually holds a national building energy codes workshop at 
which the progress on development of the model energy codes are 
presented, along with discussion and sharing of problems and successes 
in adoption, implementation, and enforcement of building energy codes. 
The predominate attendance of these workshops are State and local 
officials responsible for building energy codes. They are consistently 
encouraged and urged to participate in the model building energy code 
processes, which will be the subject of DOE's next determinations under 
section 304 of ECPA. Thus, State and local officials have had the 
opportunity to participate in the development of the standard through 
the ASHRAE process. Some have done so.
    Similarly, the comments of States and local governments about 
provisions of the developing Standard 90.1-2010 were received in formal 
comment periods and heard and addressed in ASHRAE committee 
deliberations open to the public. In addition, concerns and issues 
about adoption, implementation and enforcement issues were presented 
and discussed at informal sessions at the Department's annual national 
workshops on building energy codes. DOE believes that the above process 
has given State and local jurisdictions extensive opportunity to 
comment on and express their concerns on Standard 90.1-2010, the 
subject of this determination.
    On issuance of a final determination that Standard 90.1-2010 would 
improve the energy efficiency of commercial buildings, ECPA requires 
the States 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 90.1-2010. 
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 90.1-2010 or develop their own code that meets equivalent 
energy efficiency.

[[Page 43317]]

E. Review Under the 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 a detailed assessment of the anticipated costs and 
benefits of any rule that includes a Federal mandate which 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.
    If today's determination is finalized, each State would be required 
under Section 304 of ECPA to review and update, as necessary, the 
provisions of its commercial building energy code to meet or exceed the 
provisions of the 2010 edition of Standard 90.1. (42 U.S.C. 
6833(b)(2)(B)(i)) Section 304 of ECPA requires State action in response 
to a positive determination by DOE. The statutory requirements of ECPA 
require DOE to provide a determination irrespective of costs. While the 
processes that States may undertake to update their codes vary widely, 
as a general rule a State at a minimum would need to:
     Evaluate Standard 90.1-2010 using the background material 
provided by DOE.
     Compare the existing State commercial building energy code 
to Standard 90.1-2010 to see if an update is needed.
     Update the State commercial building energy code to meet 
or exceed Standard 90.1-2010.
    DOE evaluated the potential for State activity to exceed $100 
million in any one year. The approach looked at the three steps for 
minimum activity listed in the previous paragraph--evaluate, compare 
and update. A fourth potential step of providing training on the new 
code was also considered as some States may consider training on the 
new code to be an integral part of adopting the new code. For the three 
steps of minimum activity, DOE estimated the following:
    Evaluate Standard 90.1-2010--DOE estimated a minimum of 8 hours of 
review per State and a maximum review time of 500 hours of review per 
State (12.5 work weeks). The minimum review time of 8 hours (one day) 
is the estimated minimum amount of time DOE can see States taking to 
review Standard 90.1-2010. Reading and reviewing the Federal Register 
notice, the qualitative analysis document and the quantitative analysis 
document will take the average person several hours. Deciding on 
whether or not to upgrade to Standard 90.1-2010 may take another couple 
of hours. The maximum review time of 500 hours (62.5 days, 3 working 
months) upper limit was estimated as the amount of time that a State 
that was not familiar with energy codes at all or which has a 
particularly arduous review process within the State would take to 
review these documents.
    (1) A cost per hour of $100 per hour was assumed based on actual 
rates proposed in subcontracts associated with compliance studies 
funded by DOE. The average rate calculated from these subcontracts for 
10 types of building officials from 6 states was $93.41, so DOE chose 
to round this up to $100 per hour.
    a. Low estimate--8 hours * 50 states * $100 per hour = $40,000
    b. High estimate--500 hours * 50 states * $100 per hour = 
$2,500,000
    (2) Compare Standard 90.1-2010 to existing state code--Assuming the 
State is familiar with its code and has performed an effective 
evaluation of Standard 90.1 in the first step, the range of potential 
costs should be similar to Step 1. (See Step 1 for discussion of 8 hour 
and 500 hour times and $100 per hour cost estimate).
    a. Low estimate--8 hours * 50 states * $100 per hour = $40,000
    b. High estimate--500 hours * 50 states * $100 per hour = 
$2,500,000
    (3) Update the State Codes to meet or exceed Standard 90.1-2010--
Adopting a new energy code could be as simple as updating an order 
within the State, or it could be very complex involving hearings, 
testimony, etc. Again, the range of potential costs should be similar 
to Step 1. (See Step 1 for discussion of origin of 8 hour and 500 hour 
times and $100 per hour cost estimate).
    a. Low estimate--8 hours * 50 states * $100 per hour = $40,000
    b. High estimate--500 hours * 50 states * $100 per hour = 
$2,500,000
    The potential range of total costs to States to under these 
assumptions would be $120,000 to $7.5 million. This range is well below 
the $100 million threshold in the Unfunded Mandates Act. DOE has also 
considered potential costs were States to provide training on the new 
code.
    (4) Train Code officials on New Code--Assuming every jurisdiction 
has at least one person that needs to be trained on energy code. There 
are roughly 40,000 general purpose local governments, or jurisdictions, 
in the U.S. The total number of jurisdictions in the U.S. that enforce 
energy codes is not known with any degree of certainty. The National 
League of Cities publishes an estimate of the number of local 
governments in the U.S. at http://www.nlc.org/about_cities/cities_101/142.aspx. Their summary indicates the following:
     19,429 Municipal governments;
     16,504 Town or Township governments;
     3,034 County governments;
     13,506 School districts; and
     35,052 Special district governments.
    DOE believes it is reasonable to assume that all of the municipal 
governments, town or township governments, and county governments could 
be required to acquire training on Standard 90.1-2010 in order to 
enforce this standard as an adopted energy code. In addition, the 50 
state governments would be required to acquire training. This number 
adds up to 19,429 + 16,504 + 3,034 + 50 = 38,667. Another widely 
mentioned estimate of the total number of code adopting jurisdictions 
in the U.S. is 44,000. This number is based on the National Conference 
of States on Building Codes and Standards (NCBCS). See, for example, 
http://www.ncsbcs.org/newsite/New%20Releases/RW_Presentation_060602.htm. Both these estimates are in reasonable agreement and so DOE 
assumed that there are 40,000 potential jurisdictions that potentially 
would need training on a new energy code.
    Based on training experiences of the Building Energy Codes Program 
staff, with conducting training sessions for jurisdictional staff 
regarding Standard 90.1, one full-day (8 hours) of training is normally 
sufficient . Therefore, DOE has used 8 hours as a low estimate and 16 
hours as a high estimate for training hours required if a jurisdiction 
were to adopt Standard 90.1-2010.

[[Page 43318]]

    a. Low estimate--8 hours * 40,000 jurisdictions * $100 per hour = 
$32,000,000
    b. High Estimate--16 hours * 40,000 jurisdictions * $100 per hour = 
$64,000,000
    Adding the potential training costs of $32 million to $64 million 
to the costs for the three steps indicates a potential total costs 
ranging from $32.12 million to $71.5 million. The high end of this 
estimate is less than the $100 million threshold in the Unfunded 
Mandates Act. Accordingly, no further action is required under the 
Unfunded Mandates Reform Act of 1995.

F. 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.

G. 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, note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). 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.

H. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), 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 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.

I. Review Under Executive Order 13175

    Executive Order 13175. ``Consultation and Coordination with Indian 
tribal Governments'' (65 FR 67249 (Nov. 9, 2000)), 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 regulatory 
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.

V. Public Participation

    The public is invited to submit comments on the preliminary 
determinations. Comments must be provided by August 19, 2011 using any 
of the methods described in the ADDRESSES section of this notice. If 
you submit information that you believe to be exempt by law from public 
disclosure, you should submit one complete copy, as well as one copy 
from which the information claimed to be exempt by law from public 
disclosure has been deleted. DOE is responsible for the final 
determination with regard to disclosure or nondisclosure of the 
information and for treating it accordingly under the DOE Freedom of 
Information regulations at 10 CFR 1004.11.

    Issued in Washington, DC, on July 13, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology 
Development, Energy Efficiency and Renewable Energy.
[FR Doc. 2011-18082 Filed 7-19-11; 8:45 am]
BILLING CODE 6450-01-P
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