[6450-01-P) DEPARTMENT OF ENERGY 10 CFR Part 431 [Docket No. EERE-2008-BT-STD-00131 RlN 1904-AB83 Energy Conservation Program for Certain Industrial Equipment: Energy Conservation Standards and Test Procedures for Commercial Heating, AirConditioning, and Water-Heating Equipment AGENCY: Office ofEnergy Efficiency and Renewable Energy, Department ofEnergy. ACTION: Finding ofNo Significant Impact: Energy Conservation Program for Certain Industrial Equipment: Energy Conservation Standards and Test Procedures for Commercial Heating, Air-Conditioning, and Water-Heating Equipment SUMMARY: The Energy Policy and Conservation Act (42 U.S .C. 6291 et seq.), as amended (EPCA), requires DOE to consider amending the existing Federal energy conservation standard for each type ofequipment listed (generally, commercial water heaters, commercial packaged boilers , commercial air conditioning and heating equipment, and packaged terminal air conditioners and heat pumps), each time ASHRAE Standard 90.1, Energy Standard for Buildings Except Low-Rise Residential Buildings (ASHRAE Standard 90.1 or, in context, Standard 90.1) , is amended with respect to suchequipment. (42 U.S.C. 63 1 3(a)(6)(A» For each type ofequipment, EPCA directs that if ASHRAE Standard 90.1 is amended, DOE must adopt amended energy conservation standards at the new efficiency level in ASHRAE Standard 90.1, unless clear and convincing evidence supports a determination that adoption ofa more-stringent efficiency level as a national standard would produce significant additional energy savings and be technologically feasible and economicallyjustified. (42 U.S .c. 63l3(a)(6)(A)(ii» Based on an Environmental Assessment (EA), contained in Chapter 8 ofthe final rule Technical Support Document (TSD), the U.S. Department ofEnergy (DOE) has determined that the adoption ofamended energy conservation standards for commercial packaged boilers and new energy conservation standards for water-cooled and evaporatively-cooled commercial package air conditioners and heat pumps with a cooling capacity at or above 240,000 British thermal units per hour (Btu/h) and less than 760,000 Btulh as described in the final rule titled the "Energy Conservation Standards and Test Procedures for Commercial Heating, Air-Conditioning, and Water-Heating Equipment," would not be a major Federal action significantly affecting the quality ofthe human environment within the meaning ofthe National Environmental Policy Act of 1969 (NEPA) . Therefore, an environmental impact statement (EIS) is not required, and DOE is issuing this Finding ofNo Significant Impact (FONS!). ADDRESSES: Public Availability: Copies of the final rule TSD are available from the U.S . Department of Energy, Resource Room ofthe Building Technologies Program, 950 L'Enfant Plaza, SW., 6th Floor, Washington, DC 20024, (202) 586-2945, between 9:00 a.m. and 4:00 p.m., Monday through Friday, except Federal holidays. You may also

2obtain copies ofthe final rule TSD from the Office of Energy Efficiency and Renewable Energy's website at: http://wwwl.eere.energy.gov/buildings/appliance standards/commercial/ashrae products

docs meeting.him!. FOR FURTHER INFORMATION CONTACT: Mohammed Khan, U.S. Department ofEnergy, Office ofEnergy Efficiency and Renewable Energy , Building Technologies Program, Mailstop EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585- 0121. Telephone: (202) 586-7892 . E-mail: Mohammed.Khanlalee.doe.gov. Eric Stas or Michael Kido , U.S. Department of Energy, Office ofthe General Counsel, Mailstop OC- 72, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone : (202) 586-5827 or (202) 586-8145. E-mail: Eric.Stas @ hg.doe.gov or Michae!.Kido @ hg.doe .gov. For further information regarding the DOE NEPA process contact: Ms . Carol M. Borgstrom, Director, Office ofNEPA Policy and Compliance (OC-20) , U.S. Department of Energy, 1000 Independence Avenue, SW. , Washington, DC 20585, (202) 586-4600, or leave a message at (800) 472-2756. Additional information regarding DOE NEPA activities and access to many DOE NEPA documents are available on the Internet through the DOE NEPA Website at: http://www.gc.energv.gov/ncpa/. SUPPLEMENTARY INFORMATION:

3Description of the RulemakingAction: This rulemaking action involves the establishment of amended energy conservation standards for commercial packaged boilers and watercooled and evaporatively-cooled commercial package air conditioners and heat pumps with a cooling capacity at or above 240,000 Btulh and less than 760,000 Btulh. Specifically, DOE is adopting amended energy conservation standards for these two equipment types at the efficiency levels specified in ASHRAE Standard 90 . 1-2007. Standards for these products were found to be technologically feasible and economically justified. Environmental Impacts: The EA evaluates the environmental impacts ofa range of potential amended energy conservation standards for commercial packaged boilers . DOE also explained in the March 2009 NOPR that it did not analyze the economic and energy savings potential ofamended national energy conservation standards for water-cooled and evaporatively-cooled commercial package air conditioners and heat pumps with a cooling capacity at or above 240,000 BtuIh and less than 760,000 Btulh because there is no equipment currently being manufactured in this equipment class. The results are presented for each efficiency level DOE considered for commercial packaged boilers. Each efficiency level is an alternative action and the environmental impacts ofeach alternative are compared to what would be expected to happen ifno new standard were adopted (i.e. , the "no action" alternative). The primary environmental impact ofthis final rule is decreased emissions ofNOx, Hg, S02 and CO2 from fossil fuel use and from fossil-fueled electricity generation. All ofthe

4efficiency levels considered for the equipment classes covered under this regulation would result in decreased fossil fuel use and in a reduction in emissions ofthese substances. The amended energy conservation standards adopted in the fmal rule would generally decrease air pollution by decreasing future energy demand. The results ofthis analysis in the EA show that neither the final rule nor the other efficiency levels lead to emissions reductions ofcommercial packaged boilers that are substantial enough to significantly affect the quality ofthe human environment. See Chapter 8 ofthe TSD Table 8.2.1 through Table 8.2.4. Determination Based upon the EA, DOE has determined that the adoption ofthe amended energy conservation standards for commercial packaged boilers and new energy conservation standards for water-cooled and evaporatively-cooled commercial package air conditioners and heat pumps with a cooling capacity at or above 240,000 Btulh and less than 760,000 Btulh would not constitute a major Federal action significantly affecting the quality ofthe human environment, within the meaning ofNEPA. Therefore, an EIS is not required, and DOE is issuing this FONS!. Issued in Washington, DC on July 8, 2009.

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