Department of Energy 

Washington, DC 20585 

April 3, 2008 

The Honorable Michael B. Mukasey 

Attorney General 

United States Department ofJustice 

Washington, D.C. 20530 

Dear Mr. Attorney General: 

Pursuant to the requirements for antitrust review under section 325(0)(2)(B)(i)(V) 

of the Energy Policy and Conservation Act, as amended (EPCA) (42 U.S.C. 

6295(o)(2)(B)(i)(V) and 42 U.S.C. 63I6(a), I have enclosed for your 

consideration a copy of the notice of proposed rulemaking (NOPR) in which the 

U.S. Department ofEnergy (DOE) is proposing amended energy conservation 

standards for packaged terminal air conditioners and packaged terminal heat 

pumps (PTACs and PTHPs). I have also enclosed a copy ofthe Technical 

Support Document (TSD), including the draft Regulatory Impact Analysis and 

Environmental Analysis, which summarizes DOE's technical analyses performed 

in support ofthe NOPR for PTACs and PTHPs. All documents are provided in 

CD-ROM format. 

DOE has issued this NOPR under Part A-I of Title III ofEPCA, which addresses 

the energy efficiency of certain types of commercial and industrial equipment. 

(42 U.S.C. 6311-6317) The Energy Policy Act of 1992, Pub. L, 102-486, 

amended EPCA and established Federal energy conservation standards that 

generally corresponded to the levels in the American Society of Heating, 

Refrigerating, and Air-Conditioning Engineers, Inc. and the Illuminating 

Engineering Society ofNorth America (ASHRAE/IESNA) Standard 90.1, as in 

effect on October 24, 1992 (ASHRAE/IESNA Standard 90.1-1989), for each type 

of covered equipment listed in section 342(a) ofEPCA, including PTACs and 

PTHPs. (42 U.S.C. 63 13(a)) For each type of equipment, EPCA directed that if 

ASHRAE/IESNA Standard 90.1 is amended, DOE must adopt an amended 

standard at the new level in ASHRAE/IESNA Standard 90.1, unless clear and 

convincing evidence supports a determination that adoption of a more stringent 

level as a national standard would produce significant additional energy savings 

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

63 13(a)(6)(A)(ii)(II)) 

On October 29, 1999, ASHRAE's board of directors approved ASHRAE/IESNA 

Standard 90.1-1999, which addressed efficiency standard levels for 34 categories 

of commercial heating, ventilating and air-conditioning (HVAC) and water 

heating equipment covered by EPCA, including PTACs and PTHPs. More 

recently, ASHRAE's board of directors approved ASHRAE/IESNA Standard 

*Printed with soy ink on recycled paper 

EERE-2007-BT-STD-0012 COMMENT 04
90.1-2007 on January 10, 2008, which contained the same amended efficiency 

levels for PTACs and PTHPs as ASHRAE/IESNA Standard 90.1-1999. DOE 

published a final rule for five categories ofASHRAE equipment on March 7, 

2007. 72 FR 10038, 10045. In that final rule, DOE announced that for one 

category of equipment, namely packaged tenninal air-conditioners and heat 

pumps (the subject ofthis proceeding), DOE would conduct a separate 

rulemaking, pursuant to 42 U.S.C. 6313 (a)(6)(A)(ii)(II), to consider whether 

energy conservation standards at higher levels are warranted. It should be noted 

that the ASHRAE Standard 90.1-1999 efficiency levels are more stringent than 

the current statutory standards for this equipment. 

DOE considers any lessening of competition that is likely to result from 

standards. The Attorney General determines in writing the impact, if any, of any 

lessening of competition likely to result from a proposed standard. (42 U.S.C. 

6295(o)(2)(B)(i)(V); 42 U.S.C. 6316(a» The Attorney General shall make such 

· determination, in writing, and transmit it together with an analysis ofthe nature 

and extent of such impact. (42 U.S.C. 6295(o)(2)(B)(ii); 42 U.S.C. 6316(a» 

DOE will publish the detennination and accompanying analysis in the Federal 

Register with the final rule. To assist the Attorney General in making such a 

detennination, DOE has provided the Department ofJustice with copies ofthis 

notice and the TSD for review. 

In addition, this rulemaking is subject to a Consent Decree filed with the U.S. 

·District Court for the Southern District ofNew York to settle the consolidated 

cases ofState ofNew York, et ai. v. Bodman, and Natural Resources Defense 

Council, Inc., et. aI., (Civ. 7807 (JES) and Civ. 7808 (JES) (S.D.N.Y consolidated 

December 6,2005», under which DOE is required to publish a final rule for 

amended energy conservation standards for PTACs and PTHPs by September 30, 

2008. 

We request that you complete your review ofthis NOPR not later than 60 days 

· from receipt ofthis letter. Thank you for your attention to this matter. If 

members of your staffhave any questions, they may contact Francine Pinto in my 

office. Her telephone number is 202-586-7432. 

Sincerely, 

Warren Belmar 

Deputy General Counsel for Energy Policy 

Enclosures (2) 

cc: Angela Hughes 

EERE-2007-BT-STD-0012 COMMENT 04