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The Parker Ranch installation in Hawaii

BUILDING TECHNOLOGIES PROGRAM

Fossil Fuel Energy Consumption 

Reductions in New and Major 

Renovations in Federal Buildings 

10 CFR Parts 433 and 435

Margo Appel

U.S. Department of Energy

Energy Efficiency & Renewable Energy

Margo.Appel@ee.doe.gov

November 12, 2010
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● Introductions

● Meeting Ground Rules

● Background

● Objective and Schedule

● Enabling Legislation

● Scope of Fossil Fuel Reductions

● Request for Comments on the following topics

 Buildings Subject to the Rule

 Energy Calculations

 Baseline Energy Use

 Climate Adjustment

 Regional Fossil Fuel Mix

 Calculating Energy Use and Credits

 Cost Analysis

 Petitions for Downward Adjustments

 Additional Training Needs

Today’s Agenda
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● DOE is developing a rule designed to eliminate fossil fuel-generated 

energy consumption in certain new Federal buildings and Federal 

buildings undergoing major renovations

● DOE has published a Notice of Proposed Rulemaking (NOPR) that 

proposed to:

 Implement the statutory requirement to reduce fossil-fuel generated energy 

consumption in specified Federal buildings

 Clarify which building types are covered and excluded

 Establish a methodology for compliance with graduated percentage reduction 

requirements

 Establish procedures for agencies (other than GSA) to petition DOE for 

downward adjustment of the applicable percentage reduction requirement

Background
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● NOPR published October 15, 2010 (75 FR 63404)

● Today’s public hearing is to accept public comments on this NOPR 

(November 12, 2010)

● DOE will accept written comments, data, and information regarding this 

NOPR no later than December 14, 2010

● DOE expects to issue a final rule in August 2011

● The proposed effective date of the rule is one year after publication

 Rule would apply to covered buildings for which design for construction begins 

at least one year after rule publication date

● Rule will be developed concurrent with NOPR on Sustainable Design 

Principles for Federal buildings (75 FR 29933)

 Both NOPRs propose changes to 10 CFR Parts 433 and 435

Meeting Objective and Schedule
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● Energy Conservation and Production Act (ECPA), as amended by 

Section 433 of Energy Independence and Security Act (EISA) of 2007, 

requires DOE to establish fossil fuel-generated consumption reduction 

requirements for specified new Federal buildings and major renovations 

based on similar buildings as measured by Commercial Buildings Energy 

Consumption Survey or Residential Energy Consumption Survey

● ECPA requires graduated reductions in fossil fuel-generated energy 

consumption in five year increments from FY 2010 to FY 2030 (and 

beyond)

● DOE regulations will be incorporated into:

 10 CFR Part 433 – Energy Efficiency Standards for the Design and 

Construction of New Federal Commercial and Multi-Family High-Rise 

Residential Buildings

 10 CFR Part 435 – Energy Efficiency Standards for New Federal Low-Rise 

Residential Buildings

Enabling Legislation and Regulatory 

Requirements
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● New Federal buildings and Federal buildings undergoing major 

renovations that are:

 Public buildings (as defined by 40 U.S.C. 3301, for which GSA must submit a 

prospectus to Congress); or

 For which construction costs are at least $2.5 million

● Public buildings are generally suitable for use as office or storage space

 Definition does not include some building types/uses

● Scope includes leased buildings:

 New public buildings built for purpose of being leased by a Federal agency

 Major renovations to leased buildings over which Federal agency has 

significant control over renovation design

● DOE is addressing the definition of “new Federal building” and “major 

renovation” in the Sustainable Design Principles NOPR (75 FR 29933)

Scope of Buildings Subject to the 

Rule
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Buildings Subject to the Rule

Issue Request comment on the definition of construction costs 

to determine which buildings are subject to these requirements 

includes design, permitting, construction (materials and labor), 

and commissioning, but excludes land and legal costs. 
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● Under ECPA new Federal buildings and major renovations must 

reduce fossil fuel-generated consumption according to the following 

schedule:

Fossil Fuel Reduction Requirements

Fiscal Year Fossil Fuel Use 

Reduction *

2010-14 55%

2015-19 65%

2020-24 80%

2025-29 90%

2030+ 100%

* Reductions compared to CBECS / RECS Baselines 
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● Three step process to determine compliance with fossil fuel reduction 

requirement:

1. Establish Baseline Fossil Fuel-Generated Energy Use

2. Establish Maximum Allowable Fossil Fuel-Generated Energy Use

3. Determine Fossil Fuel-Generated Energy Use of Proposed 

Building/Renovation Design

● After FY 2030 the fossil fuel reduction requirement is 100 percent, so 

calculations are not required

Overview of Methodology to 

Determine Compliance
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● From CBECS, RECS data (as required by statute)

 13 commercial building types; 5 residential building types

 Based on national average (climate zone bins too small)

● Uses source energy

 71% of electricity nationwide is fossil fuel-based

 Assume 33% conversion efficiency of fossil fuels to electricity

● Plug and process loads are included in the baseline

● DOE considering regional adjustments to baseline data for climate and 

source of electricity (e.g., coal, oil, gas, non-fossil)

● For building types not reported in CBECS or RECS:

 ASHRAE Performance Rating Method (non-residential)

 IECC Total Building Performance Method (residential)

Step 1: Establish Baseline Fossil 

Fuel Usage
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CBECS Fossil Fuel-Generated 

Energy Consumption Baseline

Building Type Baseline (Kbtu/ft2/yr)

Education 126

Food Sales 387

Food Service 404

Health Care (Inpatient) 313

Health Care (Outpatient) 148

Lodging 148

Retail (Other Than Mall) 126

Office 160

Public Assembly 125

Public Order and Safety 146

Religious Worship 62

Service 113

Warehouse and Storage 66
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RECS Fossil Fuel-Generated 

Energy Consumption Baseline 

Building Type Baseline 

(Kbtu/ft2/yr)

Single-Family Detached 59

Single-Family Attached 66

Multi-Family in 2-4 Unit Buildings 105

Multi-Family in 5 or More Unit Buildings 94

Manufactured Homes 115
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Baseline Energy Use

Issue Request comment on proposal to apply ‘per square foot 

energy use for residential spaces’ to residential common areas.

Issue How should plug and process loads be addressed? 

Should they be included or removed from the calculations? On 

what grounds?

Issue Request comment on building type categories and 

definitions.
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● NOPR uses national average, non-adjusted for climate

 CBECS/RECS sample sizes not statistically significant by climate zone

● Oak Ridge National Laboratory developing a procedure to adjust CBECS 

data based on relative climate differences from simulations of DOE 

prototype buildings

● While climate-adjusted approach may be more equitable for buildings in 

colder climates, ECPA requires 100% reduction by FY 2030

Climate Adjustment
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Climate Adjustment

Issue - Should the baseline and maximum allowable fossil fuelgenerated energy consumption targets be adjusted for climate? 

(DOE IS CONSIDERING INCLUDING A CLIMATE ADJUSTMENT FOR CALCULATIONS

UNDER THE INTERIM REDUCTION REQUIREMENTS)
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● NOPR uses national average fossil fuel mix for electric generation of 71%

● DOE is considering a regional source electricity adjustment based on 

carbon component of electric power mix

 Differentiate between coal, oil, natural gas, and non-fossil sources

● What are the appropriate regions?

 State? Utility? Power pool? Interconnection grids (Eastern grid, Western grid, 

Texas)?

● Analysis must also address the fossil fuel mix of the electricity purchased 

(i.e. retail sales) as opposed to produced in an area 

 Power may be purchased from ‘out-of-area’

 Data on source of electricity used in an area is not as readily available

Regional Fossil Fuel Mix

for Electricity
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Regional Fossil Fuel Mix

for Electricity

Issue - Should DOE use national or regional fossil fuel factors 

for electricity consumption? If regional, how? 

Issue - Should coal, oil, and natural gas be treated differently 

based on carbon content (CO2 emissions) or some other 

factor?
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● Convert mandated reduction to maximum allowable fossil fuel 

consumption

 Maximum Allowable = Baseline minus mandated percentage fossil fuel 

reduction

● Calculating maximum allowable fossil fuel use consumption is necessary 

for compliance

 Energy used is easier to measure than energy not used

● Maximum Allowable fossil fuel use includes plug and process loads

Step 2: Establish Maximum 

Allowable Fossil Fuel Use
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Maximum Allowable Fossil FuelGenerated Energy Use - Commercial
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Maximum Allowable Fossil FuelGenerated Energy Use - Residential
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● DOE proposes use of Performance Rating Method in Appendix G of 

ASHRAE Standard 90.1-2004 (i.e., whole building simulation) to estimate 

the energy use of the proposed design and determine compliance for 

commercial and multi-family high-rise residential buildings

● Use IECC Total Building Performance Method for low-rise residential 

buildings

● Plug and process loads are included in baseline, and are included in 

calculation for consistency

● Source-energy gives benefit to on-site renewables and Combined Heat 

and Power (CHP)

 Use of on-site renewable energy is not included in estimated energy use

 On-site Combined Heat and Power (CHP) systems benefit from source 

energy approach because of their inherent efficiencies compared to 

purchased electricity

Step 3: Calculate Fossil Fuel Use

of the Proposed Building
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● DOE proposes to not allow purchase of Renewable Energy Certificates 

(RECs) to count towards meeting maximum allowable fossil fuel 

consumption (no long-term guarantee and use is being phased out by 

Jan. 2012)

● DOE proposes to allow direct purchase of electricity from renewable 

resources through Power Purchase Agreements to count towards 

meeting maximum allowable fossil fuel consumption 

Purchase of Renewable Energy 

Produced Off-Site
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Energy Use of Proposed Design

Issue Request comment on the calculation method to 

determine compliance.

Issue A whole building simulation is implied. What are 

reasonable alternatives to a whole building simulation? 

Issue Should credit be given for Renewable Energy Certificates 

(RECs) and Power Purchase Agreements? 

Issue By using source energy, is appropriate credit given to the 

use of on-site Combined Heat and Power (CHP) systems?
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● Low-energy buildings cost 1-7% more

 “Literature Review of Data on the Incremental Costs to Design and Build LowEnergy Buildings,” PNNL-2008

● Up to 9% cost increase, based on 30% and 50% ASHRAE’s “Advanced 

Energy Design Guides” (AEDGs)

 Only 3 or 4 prototypes for comparison

 50% AEDG is a deeper reduction (and hence more expensive) than 55% 

fossil fuel reduction

 No comparison for out-years (65%, 80%, 90% reductions)

Cost Analysis

Issue DOE solicits input on cost impacts of meeting fossil-fuel 

energy reductions similar to those proposed in this notice, in 

particular from buildings already built or currently in design.
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● Agencies may petition Secretary of Energy for downward adjustment of 

fossil fuel reduction requirement

● Adjustment does not apply to GSA or GSA buildings

 Exception: Head of a tenant agency leasing space from GSA may petition

● Proposed requirements for a downward adjustment: 

 Compliance with the reduction requirements must be technically impracticable 

in light of building’s functional needs

 Requested adjustment must be largest feasible reduction in fossil fuelgenerated consumption that can reasonably be achieved 

 DOE must concur with this conclusion

● Costs are not specifically mentioned by statute as a basis for a downward 

adjustment

 DOE considering allowing costs as contributing factor – but not the sole factor 

– in determining whether compliance is ‘technically impracticable’

Petitions for Downward Adjustment 

of Requirements
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Petitions for Downward Adjustment 

to Requirements

Issue What would constitute ‘technically impracticable’ as 

grounds for a downward adjustment to the numeric 

requirement?

Issue How does one demonstrate that the adjustment 

represents the maximum reduction that can reasonably be 

achieved?

Issue Shall high costs be allowed as a consideration in 

determining whether compliance is ‘technically impracticable’? 

If yes, how?

Issue What additional training would help agencies meet the 

deep reductions called for by this statute?
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● In the subject line of all correspondence, include:

 Docket Number EERE-2010-BT-STD-0031

 Regulatory Identification Number RIN 1904-AB96

● E-mail: FossilFuelReduct-2010-STD-0031@ee.doe.gov

● Federal eRulemaking Portal: http://www.regulations.gov

How to Submit a Public Comment

Postal Mail: 

Brenda Edwards

U.S. Department of Energy

Building Technologies Program

Mailstop EE-2J

1000 Independence Avenue, S.W.

Washington, DC 20585-0121

Courier: 

Brenda Edwards

U.S. Department of Energy

Building Technologies Program

Mailstop EE-2J

1000 Independence Avenue, S.W.

Washington, DC 20585-0121

Comment period closes December 14, 2010