DOE/EA-1774 

Finding of No Significant Impact 

for 

10 CFR Part 431 Energy Conservation Standards: Energy 

Conservation Standards for Residential Water Heaters, Direct 

Heating Equipment, and Pool Heaters 

March 2010
1 

 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket Number: EE–2006–BT-STD–0129] 

RIN 1904–AA90 

Energy Conservation Program: Energy Conservation Standards for Heating 

Products 

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

 

ACTION: Finding of No Significant Impact: Energy Conservation Program 

SUMMARY: The Energy Policy and Conservation Act (EPCA), as amended, requires 

the U.S. Department of Energy (DOE) to adopt energy conservation standards for heating 

products. (42 U.S.C. 6291 et seq.) Based on an Environmental Assessment (EA), chapter 

16 of the final rule technical support document (TSD) for heating products, the U.S. 

Department of Energy (DOE) has determined that the adoption of energy conservation 

standards for heating products, as adopted by the final rule entitled the “Energy 

Conservation Program: Energy Conservation Standards for Heating Products,” would not 

be a major Federal action significantly affecting the quality of the human environment 

within the meaning of the National Environmental Policy Act of 1969 (NEPA). 

Therefore, an environmental impact statement (EIS) is not required, and DOE is issuing 

this Finding of No Significant Impact (FONSI).
2 

ADDRESSES: Public Availability: Copies of the final rule TSD are available from the 

U.S. Department of Energy, Resource Room of the Building Technologies Program, 950 

L’Enfant Plaza, SW., 6th Floor, Washington, DC 20024, (202) 586-2945, between 9 a.m. 

and 4 p.m., Monday through Friday, except Federal holidays. You may also obtain copies 

of the final rule TSD from the Office of Energy Efficiency and Renewable Energy’s 

website at: www1.eere.energy.gov/buildings/appliance_standards/ 

FOR FURTHER INFORMATION CONTACT: Mohammed Khan, U.S. Department 

of Energy, Energy Efficiency and Renewable Energy, Building Technologies Program, 

EE–2J, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone: 

(202) 586–7892. E-mail: Mohammed. Khan@ee.doe.gov. Eric Stas, U.S. Department of 

Energy, Office of the General Counsel, GC–71, 1000 Independence Avenue, SW., 

Washington, DC 20585-0121. Telephone: (202) 586-5827. Email: Eric.Stas@hq.doe.gov. 

For further information regarding the DOE NEPA process contact: Carol M. 

Borgstrom, Director, Office of NEPA Policy and Compliance (GC-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.energy.gov/nepa/. 

SUPPLEMENTARY INFORMATION: 
3 

Description of the Proposed Action: The proposed action is the establishment of 

new energy conservation standards for heating products. DOE is adopting trial standard 

level (TSL) 5 for water heaters, TSL 2 for direct heating equipment, and TSL 2 for pool 

heaters. 

Environmental Impacts: The EA evaluates the environmental impacts of a range of 

energy conservation standards for heating products. The results are presented for each 

TSL DOE considered for heating products. Each TSL is an alternative action and the 

environmental impacts of each alternative are compared to what would be expected to 

happen if no new standard were adopted, i.e., the “no action” alternative. 

The primary environmental impact is decreased emissions from fossil fuel use and 

from fossil-fueled electricity generation. All of the TSLs considered for the product 

classes covered under this regulation would result in decreased fossil fuel use and in a 

reduction in emissions. The energy conservation standards adopted in the final rule would 

generally decrease air pollution by decreasing future energy demand. The environmental 

impact analysis considers emissions of carbon dioxide (CO2) and three criteria 

pollutants—nitrogen oxides (NOX), sulfur dioxide (SO2), and mercury (Hg). The energy 

savings from new energy conservation standards for heating products are expected to 

result in reduced power sector emissions of CO2, NOX, and Hg. Reduced NOX emissions 

could also provide an economic benefit in the form of emission allowance credits. The 

results of this analysis show that the cumulative emissions reductions resulting from the 

heating products final rule are projected to be 164 million metric tons (Mt) of CO2, 125 

kilotons (kt) of NOX, and 0.54 tons of Hg. These emissions reductions and those from the