[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Notices]
[Pages 35773-35775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14484]


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DEPARTMENT OF ENERGY


Notice of Intent To Prepare an Environmental Impact Statement for 
Energy Conservation Standards for Manufactured Housing

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

ACTION: Notice of intent to prepare an environmental impact statement, 
to request public comments on its scope, and to conduct public scoping 
meetings.

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SUMMARY: The U.S. Department of Energy (DOE) is required, as set forth 
in the Energy Independence and Security Act of 2007 (EISA), to 
establish energy conservation standards for manufactured housing. EISA 
further directs DOE to base its energy conservation standards on the 
most recent version of the International Energy Conservation Code 
(IECC), and any supplements to that document, except where DOE finds 
that the IECC is not cost effective or where a more stringent standard 
would be more cost effective. DOE's Office of Energy Efficiency and 
Renewable Energy (EERE) is currently planning to finalize a 
Supplemental Notice of Proposed Rulemaking (SNOPR) (on or before August 
16, 2021) for publication in the Federal Register that will propose 
energy conservation standards for manufactured housing based on the 
2021 IECC. In accordance with the National Environmental Policy Act of 
1969 (NEPA), DOE NEPA Implementing Procedures and the Council on 
Environmental Quality (CEQ) regulations for implementing NEPA, DOE will 
prepare an environmental impact statement (DOE/EIS-0550) to evaluate 
the potential impacts to the human environment associated with the 
proposed energy conservation standards for manufactured housing.

DATES: The public scoping period for the EIS starts with the 
publication of this notice and ends on August 6, 2021. DOE will hold 
virtual informational/public scoping meetings on Wednesday, July 21, 
2021 at 5:00 p.m.-7:00 p.m. Eastern Time and Thursday July 22, 2021 at 
2:00 p.m.-4:00 p.m. Eastern Time. Details on how to participate in the 
virtual public meetings will be posted on the EIS web page at: https://ecs-mh.evs.anl.gov. In defining the scope of the EIS, DOE will consider 
all scoping comments received or postmarked by August 6, 2021.

[[Page 35774]]


ADDRESSES: Oral comments may be provided at the public scoping 
meetings. Written comments may be submitted online at: https://ecs-mh.evs.anl.gov or by mail at: Roak Parker, NEPA Document Manager, U.S. 
Department of Energy--Golden Field Office, 15013 Denver West Parkway, 
Golden, CO 80401.

FOR FURTHER INFORMATION CONTACT: For additional information on the 
scoping meetings and/or the EIS process, or to request to be added to 
an email list to receive updates on the EIS, contact Roak Parker via 
email at: <a href="/cdn-cgi/l/email-protection#f3b7bcb6acb6baa0acbeb2bda6b5b2b0a7a6a1b6b7acbbbca6a0babdb4b39696dd979c96dd949c85"><span class="__cf_email__" data-cfemail="a7e3e8e2f8e2eef4f8eae6e9f2e1e6e4f3f2f5e2e3f8efe8f2f4eee9e0e7c2c289c3c8c289c0c8d1">[email protected]</span></a> or via mail at: NEPA 
Document Manager, U.S. Department of Energy--Golden Field Office, 15013 
Denver West Parkway, Golden, CO 80401. For general information on DOE's 
NEPA review process, contact Brian Costner, Director, Office of NEPA 
Policy and Compliance, GC-54, U.S. Department of Energy, 1000 
Independence Avenue SW, Washington, DC 20585-0119, email 
<a href="/cdn-cgi/l/email-protection#c485b7af8a81948584acb5eaa0aba1eaa3abb2"><span class="__cf_email__" data-cfemail="39784a52777c6978795148175d565c175e564f">[email protected]</span></a>, telephone (202) 586-4600 or (800) 472-2756. This 
NOI, the draft EIS, and other documents, as they are available, will be 
posted at: https://ecs-mh.evs.anl.gov.

SUPPLEMENTARY INFORMATION: On February 22, 2010, DOE published an 
advanced notice of proposed rulemaking (ANOPR) and request for comment. 
See Energy Standards for Manufactured Housing, 75 FR 7556. DOE 
determined that the proposed rule would benefit from a negotiated 
rulemaking. On June 13, 2014, DOE published a notice of intent to 
establish a negotiated rulemaking Manufactured Housing working group, 
which consisted of representatives of interested stakeholders. See 79 
FR 33873. The working group met a total of 12 days over a three-month 
period. See Energy Conservation Program: Energy Efficiency Standards 
for Manufactured Housing 80 FR 7550 (February 11, 2015). DOE also 
sought public comment and held numerous meetings with the U.S. 
Department of Housing and Urban Development (HUD), which sets 
construction and safety standards for manufactured homes, including the 
current energy efficiency requirements for manufactured homes (the 
``HUD Code,'' 24 CFR part 3820). See 80 FR 7551-7553 (February 11, 
2015), and 81 FR 39756 (June 17, 2016).
    In June 2016, DOE issued a technical support document (See Document 
ID EERE-2009-BT-BC-0021-0136 \1\) and published a Notice of Proposed 
Rulemaking (NOPR) in the Federal Register that proposed to establish 
energy conservation standards for manufactured housing based on the 
negotiated consensus recommendations of the manufactured housing 
working group. 81 FR 39756 (June 17, 2016). In addition, DOE prepared a 
draft environmental assessment (EA) pursuant to NEPA to evaluate the 
potential environmental impacts of the proposed standards and requested 
information to help analyze potential impacts on indoor air quality 
(IAQ), notably from sealing manufactured homes more tightly. See Draft 
Environmental Assessment for Notice of Proposed Rulemaking, ``Energy 
Conservation Standards for Manufactured Housing'' With Request for 
Information on Impacts to Indoor Air Quality, 81 FR 42576 (June 30, 
2016) (DOE/EA-2021). DOE received input on both the proposed rule and 
the draft EA. To help further inform certain aspects of the standards 
being developed and their underlying framework, DOE published a Notice 
of Data Availability (NODA) on August 3, 2018. See 83 FR 38073. In the 
NODA, DOE stated it was examining a number of factors and possible 
alternatives on which it sought further input from the public.
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    \1\ Available at: https://www.regulations.gov/document?D=EERE-2009-BT-BC-0021-0136.
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    DOE has considered the information received, together with the 
recent issuance of the 2021 IECC, and intends to propose new energy 
conservation standards for manufactured housing that are based on the 
2021 IECC, consistent with the considerations prescribed by EISA. DOE 
has determined that an EIS is the appropriate level of NEPA review to 
evaluate the potential environmental impacts associated with 
establishing energy conservation standards for manufactured housing 
based on the 2021 IECC (the proposed action). DOE/EA-2021 has been 
cancelled; however, information in the draft EA and comments received 
on the draft EA will be incorporated into the EIS, as appropriate.

Purpose and Need for Agency Action

    DOE's purpose and need for agency action is to establish energy 
conservation standards for manufactured housing, in accordance with 
EISA Section 413. DOE's dual purpose is to satisfy these obligations 
and to help achieve the national goals of (a) saving energy, (b) 
reducing energy costs for manufactured homeowners, and (c) reducing 
outdoor pollutants and greenhouse gases.

Proposed Action

    DOE's proposed action is to establish energy conservation standards 
for manufactured homes based on the 2021 IECC, consistent with the 
cost-effectiveness considerations identified in the EISA. In accordance 
with the EISA, which explicitly allows DOE to consider the differences 
in design and factory construction techniques of manufactured homes, as 
compared to site-built and modular homes, the energy conservation 
standards under consideration by DOE are based on certain 
specifications included in the 2021 IECC while also accounting for the 
unique aspects of manufactured housing. Because the IECC has not been 
specifically applied to manufactured homes, DOE's supplemental proposal 
will include modifications to those related IECC provisions that can be 
adapted for use in these homes. DOE is proposing energy efficiency 
standards for manufactured housing that relate to the building thermal 
envelope; air sealing; installation of insulation; duct sealing; 
heating, ventilation and air conditioning (HVAC); service hot water 
systems; mechanical ventilation fan efficacy; and heating and cooling 
equipment sizing.

Action Alternative

    DOE is also considering an action alternative that uses a tiered 
approach to address affordability and cost-effectiveness concerns with 
respect to energy cost savings and the cost of efficiency improvements 
relative to the retail price of manufactured housing. In the action 
alternative, DOE is considering that for manufactured homes priced 
below a certain (to be determined) retail price, the stringency of 
certain building thermal envelope requirements would be based on 
incremental costs that provide a beneficial financial outcome with 
respect to life-cycle cost savings, while minimizing upfront cost 
impacts. Two sets of energy conservation standards would be established 
under the action alternative: Tier 1 standards would apply to 
manufactured homes priced at or below a retail price threshold and 
provide more limited improvements in efficiency up to a maximum 
incremental price increase; and Tier 2 standards would apply to homes 
above the retail price threshold. The Tier 2 standards would be the 
same as those considered under the proposed action. DOE has not yet 
determined the Tier 1 retail price threshold or the maximum incremental 
price increase. DOE is considering a retail price threshold from 
$50,000 to $100,000 and a maximum incremental price increase of $500 to 
$1,000. DOE will publish the Tier 1 threshold and maximum incremental 
price increase in the SNOPR. The draft EIS will analyze

[[Page 35775]]

potential environmental impacts of the tiered approach as defined in 
the SNOPR as the action alternative.
    The energy conservation standards proposed under either the 
proposed action or the action alternative would be based on the current 
climate zones in the HUD Code (24 CFR 3820.506) and would apply to 
homes manufactured on or after one year following the publication of a 
final rule for DOE's energy conservation standards for manufactured 
housing in the Federal Register.

No Action Alternative

    NEPA requires consideration of a no action alternative. The no 
action alternative serves as the baseline to compare the potential 
environmental impacts of the proposed action and alternatives. As part 
of the EIS process, DOE will consider a no action alternative where DOE 
would not establish energy conservation standards for manufactured 
housing, and energy conservation requirements would remain at the 
levels established in the existing HUD Code.

Preliminary Identification of Environmental Issues

    DOE's analysis and discussion in the EIS will focus on potentially 
significant environmental impacts. DOE's 2016 Draft EA (Draft 
Environmental Assessment for Notice of Proposed Rulemaking, ``Energy 
Conservation Standards for Manufactured Housing'' With Request for 
Information on Impacts to Indoor Air Quality, DOE/EA-2021) analyzed 
potential impacts related to indoor air, outdoor air, socioeconomics 
and environmental justice, and climate change. Other resource areas 
(such as sensitive ecosystems, geology and soils, and wetlands and 
floodplains) were considered and dismissed from detailed analysis 
because impacts of the proposed energy conservation standards would not 
be expected to have any measurable effects. Considering the analyses 
developed to support the draft EA, DOE anticipates that establishing 
energy conservation standards for manufactured housing would have 
potential impacts (beneficial, adverse, or both) in the same resource 
areas analyzed in the draft EA.
    Accordingly, in the EIS, DOE anticipates evaluating potential 
impacts related to: (1) Indoor air quality and human health; (2) 
outdoor emissions of air pollutants and greenhouse gases; (3) energy 
consumption; (4) socioeconomics; (5) environmental justice; and (6) 
climate change. This list is not intended to be all-inclusive or to 
imply a predetermination of potential impacts. DOE invites interested 
stakeholders to suggest specific issues, including possible mitigation 
measures, within these general categories or others, to be considered 
in the EIS.

Public Participation

    The purpose of the EIS scoping process is to gather input on the 
issues, concerns, possible alternatives, and potential significant 
impacts to the quality of the human environment that DOE should 
consider in the EIS. Persons and organizations affected by or 
interested in the proposed action are invited to participate in the 
scoping process to help define the important resources and issues to be 
analyzed in depth, and to eliminate other issues from detailed study in 
the EIS. Participants are anticipated to include, and are not limited 
to, agencies (Federal, State, county, and local), Native American 
tribes, public interest groups, nongovernmental organizations, 
businesses, trade associations, and individual members of the public.
    There will be two scoping meetings, as described under the DATES 
section of this notice, to accommodate and encourage public 
participation. Each will be a virtual meeting (webcast) to avoid in-
person interactions, toward mitigating any spread of the COVID-19 
pandemic. DOE will post information on how to participate in the 
virtual public meetings on the EIS website listed previously, in 
advance of the meetings. The public will have the opportunity to 
present comments on the scope of the EIS. DOE representatives will be 
available to answer questions and provide additional information to 
meeting attendees. In addition to providing comments at the public 
scoping meetings, stakeholders may submit written comments as described 
in the ADDRESSES section.
    The public is encouraged to provide information and comments on 
issues to be addressed in the EIS. Comments may be broad in nature or 
restricted to specific areas of concern, but they should be directly 
relevant to the NEPA process or potential environmental impacts. Note 
that public comments on the DOE SNOPR and its requirements, supporting 
bases, and analyses, that are unrelated to the NEPA process or 
potential environmental impacts, will be invited separately, pursuant 
to the rulemaking process, and will not be addressed during this EIS 
public scoping period. Instructions for providing those comments will 
be included with the publication of the SNOPR in the Federal Register.
    DOE will consider the comments received on the scope of the EIS 
during the 30-day scoping period as it prepares the draft EIS. When the 
draft EIS is completed, a Notice of Availability of the draft EIS will 
be published in the Federal Register, which will begin a 45-day public 
comment period. This Notice of Availability will include instructions 
on how to comment on the draft EIS, which will be available for 
download from the EIS website identified previously. DOE is considering 
holding two virtual public hearings during the public comment period 
for the draft EIS.
    DOE's EIS process will include the virtual public scoping meetings; 
consultation and coordination with appropriate Federal, State, county, 
and local agencies and tribal governments; making the draft EIS 
available for public review and comment; a virtual public hearing or 
hearings on the draft EIS; publication of the final EIS, with 
accessibility via the EIS website; and publication of the Record of 
Decision in the Federal Register. DOE will maintain information about 
the NEPA process, including documents, meeting information, and 
important dates, on the EIS website identified previously.

Signing Authority

    This document of the Department of Energy was signed on June 28, 
2021, by Mathew Blevins, Director, Environment, Safety, and Health 
Office, Office of Energy Efficiency and Renewable Energy, pursuant to 
delegated authority from the Secretary of Energy. That document with 
the original signature and date is maintained by DOE. For 
administrative purposes only, and in compliance with requirements of 
the Office of the Federal Register, the undersigned DOE Federal 
Register Liaison Officer has been authorized to sign and submit the 
document in electronic format for publication, as an official document 
of the Department of Energy. This administrative process in no way 
alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on July 1, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-14484 Filed 7-6-21; 8:45 am]
BILLING CODE 6450-01-P


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