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64904 Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 2011 / Notices

Total Estimated Number of Annual [email protected] or faxed to 202– DATES: Certification statements by the Responses: 12. 401–0920. Please specify the complete States must be provided by October 18, Total Estimated Annual Burden title of the information collection and 2013. Hours: 888. OMB Control Number when making ADDRESSES: Certification Statements Abstract your request. must be addressed to the Buildings Individuals who use a Technologies Program-Building Energy The American Recovery and telecommunications device for the deaf Codes Program Manager, U.S. Reinvestment Act of 2009 provides $4.3 (TDD) may call the Federal Information Department of Energy, Office of Energy billion for the Race to the Top Fund Relay Service (FIRS) at 1–800–877– Efficiency and , (referred to in the statute as the State 8339. Forrestal Building, Mail Station EE–2J, Incentive Grant Fund). This is a [FR Doc. 2011–26927 Filed 10–18–11; 8:45 am] 1000 Independence Avenue, SW., competitive grant program. The purpose BILLING CODE 4000–01–P Washington, DC 20585–0121. of the program is to encourage and reward States that are creating the FOR FURTHER INFORMATION CONTACT: Michael Erbesfeld, U.S. Department of conditions for education innovation and DEPARTMENT OF ENERGY reform; achieving significant Energy, Office of Energy Efficiency and improvement in student outcomes, [Docket No. EERE–2006–BC–0132] Renewable Energy, Forrestal Building, Mail Station EE–2J, 1000 Independence including making substantial gains in RIN 1904–AC42 student achievement, closing Avenue, SW., Washington, DC 20585– 0121, (202) 287–1874, e-mail: achievement gaps, improving high Building Energy Standards Program: [email protected]. For legal school graduation rates, and ensuring Final Determination Regarding Energy issues contact Kavita Vaidyanathan, student preparation for success in Efficiency Improvements in the Energy U.S. Department of Energy, Office of the college and careers; and implementing Standard for Buildings, Except Low- General Counsel, Forrestal Building, ambitious plans in four core education Rise Residential Buildings, ANSI/ GC–71, 1000 Independence Avenue, reform areas: (a) Adopting ASHRAE/IESNA Standard 90.1–2010 internationally-benchmarked standards SW., Washington, DC 20585, (202) 586– and assessments that prepare students AGENCY: Office of Energy Efficiency and 0669, e-mail: for success in college and the Renewable Energy, Department of [email protected]. workplace; (b) building data systems Energy. SUPPLEMENTARY INFORMATION: that measure student success and ACTION: Notice of final determination. I. Introduction inform teachers and principals in how A. Statutory Requirements SUMMARY: The Department of Energy they can improve their practices; (c) B. Background increasing teacher effectiveness and (DOE or Department) has determined 1. Publication of Standard 90.1–2010 achieving equity in teacher distribution; that the 2010 edition of the Energy 2. Preliminary Determination and (d) turning around our lowest- Standard for Buildings, Except Low-Rise 3. Public Comments Regarding the achieving schools. Residential Buildings, American Preliminary Determination The U.S. Department of Education National Standards Institute (ANSI)/ II. Summary of the Comparative Analysis (the Department) will collect this data American Society of Heating, A. Qualitative Analysis 1. Discussion of Detailed Textual Analysis from the 12 Race to the Top grantee Refrigerating and Air-Conditioning Engineers (ASHRAE) Illuminating 2. Results of Detailed Textual Analysis states to inform its review of grantee B. Quantitative Analysis implementation, outcomes, oversight, Engineering Society of North America 1. Discussion of Whole Building Energy and accountability. The Department will (IESNA) Standard 90.1–2010, (Standard Analysis use these forms to inform on-site visits, 90.1–2010 or the 2010 edition) would 2. Results of Whole Building Energy ‘‘stocktake’’ meetings with achieve greater energy efficiency in Analysis Implementation and Support Unit buildings subject to the code, than the C. Final Determination Statement leadership at the Department, and 2007 edition (Standard 90.1–2007 or the III. Filing Certification Statements With DOE A. Review and Update annual reports for individual grantees 2007 edition). Also, DOE has determined that the quantitative B. Certification and the grant program as a whole. C. Requests for Extensions To Certify In order to allow for a comprehensive analysis of the energy consumption of IV. Regulatory Analysis program review of the Race to the Top buildings built to Standard 90.1–2010, A. Review Under Executive Order 12866 grantees, we are requesting a three-year as compared with buildings built to B. Review Under the Regulatory Flexibility clearance with this form. Standard 90.1–2007, indicates national Act Copies of the information collection source energy savings of approximately C. Review Under the National submission for OMB review may be 18.2 percent of commercial building Environmental Policy Act of 1969 accessed from the RegInfo.gov Web site energy consumption. Additionally, DOE D. Review Under Executive Order 13132, at http://www.reginfo.gov/public/do/ has determined site energy savings are ‘‘Federalism’’ E. Review Under the Unfunded Mandates PRAMain or from the Department’s Web estimated to be approximately 18.5 Reform Act of 1995 site at http://www.edicsweb.ed.gov, by percent. Upon publication of this F. Review Under the Treasury and General selecting the ‘‘Browse Pending affirmative final determination, States Government Appropriations Act of 1999 Collections’’ link and by clicking on are required to certify that they have G. Review Under the Treasury and General link number 4666. When you access the reviewed the provisions of their Government Appropriations Act of 2001 information collection, click on commercial building code regarding H. Review Under Executive Order 13211 ‘‘Download Attachments ’’ to view. energy efficiency, and as necessary, I. Review Under Executive Order 13175 Written requests for information should updated their code to meet or exceed I. Introduction be addressed to U.S. Department of Standard 90.1–2010. Additionally, this Education, 400 Maryland Avenue, SW., notice provides guidance to States on A. Statutory Requirements LBJ, Washington, DC 20202–4537. Certifications, and Requests for Title III of the Energy Conservation Requests may also be electronically Extensions of Deadlines for Certification and Production Act, as amended mailed to the Internet address Statements. (ECPA), establishes requirements for the

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Building Energy Efficiency Standards documented program for regular 75 FR 54117 (Sept. 3, 2010) and 76 FR Program. (42 U.S.C. 6831 et seq.) publication of addenda or revisions, 43299 (July 20, 2011) respectively. Section 304(b), as amended, of ECPA including procedures for timely, 3. Public Comments Regarding the documented, consensus action on provides that whenever the ANSI/ Preliminary Determination ASHRAE/IESNA Standard 90.1–1989 requests for change to any part of the (Standard 90.1–1989 or 1989 edition), or standard. ANSI approves addenda prior DOE accepted public comments on any successor to that code, is revised, to their publication by ASHRAE and the preliminary determination for the Secretary must make a IESNA and prior to their inclusion in a Standard 90.1–2010 until August 19, determination, not later than 12 months new version of Standard 90.1. ANSI 2011. DOE received submissions from a after such revision, whether the revised approved the final addendum for total of six different entities. code would improve energy efficiency inclusion in Standard 90.1–2010 on July The Edison Electric Institute (EEI) in commercial buildings and must 24, 2010. Appeals were made to several submitted a written comment (Docket publish notice of such determination in addenda and the results of the appeals No. EERE–2010–BT–DET–0050–0002, the Federal Register. (42 U.S.C. 6833 process were not final until October 15, pgs. 1–3) supporting the preliminary (b)(2)(A)) The Secretary may determine 2010. The 2010 edition was published determination while stating the that the revision of Standard 90.1–1989 on October 28, 2010. following four issues: (1) DOE should or any successor thereof, improves the only use the results from its site energy 2. Preliminary Determination level of energy efficiency in commercial analysis and its energy cost analysis to make its final determination, and not buildings. If so, then not later than two In arriving at a preliminary report the source energy analysis results years after the date of the publication of determination, DOE first reviewed all in the final determination, (2) the energy such affirmative determination, each significant changes between the 2010 savings, or at least a portion of the State is required to certify that it has edition and the 2007 edition. Standard estimated energy savings, from addenda reviewed and updated the provisions of 90.1 is complex and covers a broad that include new federal energy its commercial building code regarding spectrum of the energy related efficiency standards or provide updates energy efficiency with respect to the components and systems in buildings to energy efficiency standards should be revised or successor code. (42 U.S.C. ranging from simple storage buildings to incorporated into the final 6833(b)(2)(B)(i)) The State must include complex hospitals and laboratories. The determination analysis, (3) EEI would in its certification a demonstration that size of buildings addressed range from request that the information about the the provisions of its commercial those smaller than single family homes impact of addendum ‘‘bu’’ be included building code, regarding energy to the largest buildings in the world. in the final determination notice, and efficiency, meet or exceed the revised The approach to development of the (4) in terms of primary energy standard. (42 U.S.C. 6833(b)(2)(B)(i)) standard used in the 2010 edition was associated with electricity, the value in If the Secretary makes a determination not changed from that used for the 2007 this notice is overstated and that DOE that the revised standard will not edition, with no changes to the scope or should use a more realistic ratio for improve energy efficiency in the way components are defined. DOE electricity in its estimates. commercial buildings, State commercial preliminarily determined that because In regards to EEI’s first comment, the codes must meet or exceed the last no significant changes were made to the Department still believes that despite revised standard for which the Secretary structure, scope, or component the fact that the source energy analysis has made a positive determination. (42 definitions of Standard 90.1–2007, a results are estimates, it is important to U.S.C. 6833(b)(2)(B)(ii)). On July 20, similar methodology used for the the discussion of global resources and 2011, the DOE published a analysis of Standard 90.1–2007 could be environmental issues to report them. determination in the Federal Register utilized for the analysis of Standard Source energy (or primary energy) updating the reference code to Standard 90.1–2010, consisting of a qualitative addresses the energy needed to deliver 90.1–2007. See 76 FR 43287 (July 20, comparison of the textual changes to energy to the building in addition to the 2011). requirements in Standard 90.1–2010 energy used at the building and thus ECPA also requires the Secretary to from Standard 90.1–2007, and a provides a more complete view of the permit extensions of the deadlines for quantitative estimate of the energy total energy expenditure used by a the State certification if a State can savings developed from whole building building than site energy. However, demonstrate that it has made a good simulations of a standard set of DOE realizes that site energy is the faith effort to comply with the buildings constructed to both Standards energy that typically appears on utility requirements of section 304(c) of ECPA over a range of U.S. climates. DOE used bills and that is seen by the consumer. and that it has made significant progress an extension of the procedure used for DOE also realizes that it is energy cost in doing so. (42 U.S.C. 6833(c)) the Standard 90.1–2007 determination (as shown on energy bills) to which B. Background for the quantitative estimate of energy many consumers react. It is for this savings. The extension was that reason that DOE provides all three 1. Publication of Standard 90.1–2010 additional building types were added to metrics—site energy, source energy, and ASHRAE and the IESNA approved the the analysis. DOE used the same energy cost—in its determinations. publication of the 2010 edition of simulation tool and data for weighing EEI’s second comment is in reference Energy Standard for Buildings Except the results by building type and climate to the fact that the Department does not Low-rise Residential Buildings, in as used for the 90.1–2007 include the impact from new or updated October 2010. determination. federal energy efficiency standards in its The Standard was developed under A detailed discussion of the analysis determination of energy savings. For the ANSI-approved consensus standard methodology, which was subject to quantitative analysis performed for the procedures. Standard 90.1 is under public comment in 2010 and 2011, can 90.1–2010 preliminary determination continuous maintenance by a Standing be found in the Notice of Preliminary (http://www.energycodes.gov/status/ Standard Project Committee (SSPC) for Determination for Standard 90.1–2007 documents/ which the ASHRAE Standard and in the Notice of Preliminary QuantitativeAnalysisReport901- Committee has established a Determination for Standard 90.1–2010. 2010Determination.pdf), DOE

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incorporated only addenda that and by choosing not to mix and match offshoot of the National Academy of modified the prescriptive requirements conversion factors. DOE recognizes that Sciences report discussed in of the Standard. New or updated federal these conversion factors are estimates conjunction with the comment below efficiency standards are not and that some types of utility energy from Laclede Gas Company. DOE notes independent requirements of the inputs do not have known conversion that GTI’s comment takes issue with standard, but rather reflections of factors and other inputs have multiple standard 90.1. DOE’s role in Federal manufacturing requirements. In generally accepted conversion factors. determinations is to compare the latest specific circumstances, particularly The Department has chosen not to version of Standard 90.1 with the with regard to requirements for certain subtract primary renewable energy from previous version and to determine if the heating, ventilation, and air the delivered electricity losses value latest version improves the level of conditioning (HVAC) equipment, because renewable energy generated as energy efficiency in commercial addenda to Standard 90.1–2010 reflect primary energy is still subject to losses buildings over the previous version. changes to national manufacturing in the delivery process to the site. Also, While DOE is a participant in the standards previously developed by DOE DOE has chosen not to add on-site Standard 90.1 development process, or enacted independently through generated renewable energy to the DOE does not control the content of Federal legislation. The energy savings delivered electricity value when Standard 90.1. that are attributable to these national determining the electricity ratio because The American Gas Association manufacturing standards would accrue on-site generated renewable energy is submitted a written comment (Docket no matter what version of Standard 90.1 not subject to the losses that are No. EERE–2010–BT–DET–0050–0004, is considered and regardless of whether incurred when delivering primary pg. 1) stating that the performance they are reflected in the text of the energy from the plant to the site. requirements for commercial electric Standards, therefore DOE has not Therefore the delivered electricity and storage heaters greater then 12kW incorporated these as changes delivered electricity loss values used in appear to be less stringent than the contributing to energy savings for the the preliminary determination are the current federal minimum efficiency purpose of the Determination. same values used in this final requirements for this class of water EEI’s third comment requests that determination and yield the electricity heaters. information regarding the impact of ratio of 3.2, explained on page 31–32 of DOE acknowledges the discrepancy addendum ‘‘bu’’ be included in the final this notice, for converting how much between Federal standards for determination. Addendum ‘‘bu’’ added primary (source) electricity is required commercial electric storage water equipment efficiency requirements for per unit of site required electricity. heaters and the requirements for this mechanical equipment serving The Gas Technology Institute (GTI) equipment in Standard 90.1–2010. For computer rooms, however none of the submitted a written comment (Docket the purposes of this determination the prototype building models that DOE No. EERE–2010–BT–DET–0050–0005, performance requirements for uses in its simulations have data centers pg. 1) stating that it supports the commercial electric storage water and therefore the quantifiable impact of analysis and states that until ASHRAE heaters greater than 12kW in ASHRAE this addendum was not captured. DOE 90.1 addresses issues related to full fuel- 90.1–2010 are not applicable as this does note that the impact of addendum cycle energy metrics and a single determination is only concerned with ‘‘bu’’ is captured in the qualitative, or baseline building budget, the DOE whether the 90.1–2010 version text comparison analysis, where preliminary determination is improves the level of energy efficiency addendum ‘‘bu’’ is listed as a major incomplete and misleading. in commercial buildings compared to positive and noted as a new efficiency The Department’s preliminary the 2007 version of 90.1, and the requirement. When the prototype determination does estimate source performance requirements of this building models used in this energy metrics, and DOE has not chosen equipment did not change from the determination were developed by DOE to use a single baseline building budget 2007 to 2010 version. and later reviewed by ASHRAE, no data because there are a multitude of The Laclede Gas Company submitted center models were included because at building types with far different a written comment (Docket No. EERE– that point Standard 90.1 did not include operating requirements and 2010–BT–DET–0050–0007, pgs. 1–5) efficiency requirements related to data accompanying energy needs. A single stating the following three issues: (1) centers. DOE did not add data centers to baseline building budget would Laclede contends there is a conflict of the prototype building models for this penalize certain building types while interest because DOE evaluates new determination because the quantitative aiding other building types depending versions of the ASHRAE 90.1 through impact of this addendum would not on how far away their respective its Pacific Northwest National Lab change the fact that this is a positive baseline budgets were from a single (PNNL), the staff of which participate in final determination of energy savings. average baseline budget. ASHRAE committees; (2) Laclede DOE is considering adding data centers DOE also notes that while DOE has objects ‘‘to the site-based energy to the prototype building models for recently issued a notice of proposed efficiency metric because it does not future determinations. policy (NOPP) related to full-fuel-cycle fulfill the ‘scientific integrity’ objectives EEI’s final comment suggests that analysis for appliance and equipment as ordered by the Presidential Scientific DOE use a more realistic electricity ratio standards (76 FR 51281, Docket No. Integrity Memorandum of March 9, for determining primary energy EERE–2010–BT–NOA–0028, ‘‘Energy 2009’’; and (3) Laclede is concerned that associated with electricity production Conservation Program for Consumer ‘‘DOE has limited its ‘Statement of by crediting renewable energy Products and Certain Commercial and Policy’ for implementing the National production on the primary side of Industrial Equipment: Statement of Academy of Sciences (NAS) conclusions generation and on the on-site/delivered Policy for Adopting Full-Fuel-Cycle to the minimum efficiency standards of side of electricity consumption. The Analyses Into Energy Conservation appliances. Laclede contends that the Department has chosen to be consistent Standards Program’’), this policy was NAS conclusions should also apply to within their energy analyses by using not proposed for application to building building efficiency standards.’’ Energy Information Administration’s energy codes and standards such as In response to Laclede’s first issue, (EIA) data and conversion factors solely Standard 90.1. This policy was a direct DOE acknowledges that staff members at

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PNNL participate in ASHRAE. However, that DOE follow up with the States after addenda to Standard 90.1–2007 to the determination analyses were publication of the Final Determination create Standard 90.1–2010. Each of reviewed by DOE management. as as making public which States these addenda was evaluated by DOE in In response to Laclede’s second issue, comply with the statutory requirements preparing this final determination. No DOE believes that its determination on to submit certification letters within two changes were made to the final detailed Standard 90.1–2010 has indeed years of publication. textual analysis from the preliminary followed the requirements of the DOE does list the States that have detailed textual analysis. Presidential Memorandum on Scientific filed certifications and those that have In addition, each standard has Integrity. DOE has subjected the or have not adopted new codes on the multiple ways to demonstrate scientific and technological information DOE Energy Efficiency and Renewable compliance, including a prescriptive set it considered in this determination to Energy Web site at http:// of requirements by section of the well-established scientific processes and www.energycodes.gov/states/. Once a standard, various tradeoff approaches DOE made available to the public the State has adopted a new commercial within those same sections, and a whole scientific and technological findings code, DOE typically provides software, building performance method (Energy and conclusions considered or relied on training, and support for the new code Cost Budget or ECB). For each in this final determination by way of the as long as the new code is based on the addendum DOE identified whether it preliminary determination and public national model codes (in this case, applies to the prescriptive requirements, comment period. DOE provides all three ASHRAE Standard 90.1). or one of the tradeoff paths provided for metrics—site energy, source energy, and The Natural Resources Defense in the envelope, lighting, or mechanical energy cost—in its determinations. DOE Council (NRDC) submitted a written sections, or the ECB whole building does not mandate energy efficiency comment (Docket No. EERE–2010–BT– performance path. For each addendum standards which give electric resistance DET–0050–0006, pgs. 1–2) agreeing DOE identified the impact on the heat an efficiency advantage over with and supporting the Department’s stringency for that path to compliance. . DOE’s role in preliminary determination that Overall, DOE found that that the vast determinations is to compare the latest ASHRAE Standard 90.1–2010 saves majority of changes made to Standard version of Standard 90.1 with the energy compared to ASHRAE 90.1–2007 90.1–2007 to create Standard 90.1–2010 previous version and to determine if the and urges the Department to finalize were positive or neutral (in the context latest version improves the level of this determination. of energy efficiency). Positive changes energy efficiency in commercial II. Summary of the Comparative greatly outweighed the negative energy buildings over the previous version. Analysis efficiency changes. Specifically, of the In response to Laclede’s third issue, 109 total changes: DOE interprets the phrase ‘‘NAS DOE carried out both a detailed 56 were considered positive; conclusions’’ to refer to the National qualitative analysis and a broad 47 were considered neutral; Academy of Sciences (NAS) report quantitative analysis of the differences 6 were considered negative. entitled ‘‘Review of Site (Point-of-Use) between the requirements and the The 56 positive changes greatly and Full-Fuel-Cycle Measurement stringencies in the 2007 and the 2010 overwhelm the 6 negative changes in Approaches to DOE/EERE Building editions. terms of a simple numerical Appliance Energy-Efficiency A. Qualitative Analysis comparison. In addition, the 6 negative Standards—Letter Report (2009) changes were considered to be ‘‘minor (available at http://books.nap.edu/ 1. Discussion of Detailed Textual negatives’’, with 19 of the positive openbook.php?record_id=12670& Analysis changes being considered ‘‘major page=1). DOE has not limited its DOE performed a detailed analysis of positive’’ and an additional 37 positive ‘‘Statement of Policy’’ because this NAS the differences between the textual changes being considered ‘‘minor report is for the application to ‘‘building requirements and stringencies of the positive’’. Not only do the positive appliances’’ where DOE has statutory 2007 and 2010 editions in the scope of changes outweigh the negative changes authority to set building appliance the standard, the in raw numbers, but also in terms of the standards, and does not apply to requirements, the building lighting and estimated impact. determinations of energy efficiency for power requirements, and the building 2. Results of Detailed Textual Analysis building energy codes. Today’s mechanical equipment requirements. determination is based on a review of The emphasis of DOE’s detailed Table 1 presents the results of DOE’s the work of ASHRAE, as required by requirement and stringency analysis addendum-by-addendum analysis of statute, and does not establish the was on looking at the specific changes Standard 90.1–2010. Table 6 is a efficiency standards of the ASHRAE that ASHRAE made in going from reformatted and slightly modified code. Standard 90.1–2007 to Standard 90.1– version of a table in the preliminary The Building Codes Assistance 2010. ASHRAE publishes changes to qualitative analysis. The complete Project (BCAP) submitted a written their standards as addenda to the preliminary qualitative analysis may be comment (Docket No. EERE–2010–BT– preceding standard and then bundles all found on the DOE codes Web site at DET–0050–0003, pgs. 1–2) supporting the addenda together to form the next http://www.energycodes.gov/status/ the DOE’s determination and suggests edition. ASHRAE processed 109 determinations_com.stm.

TABLE 1—RESULTS OF ADDENDUM-BY-ADDENDUM ANALYSIS

Addendum to No. standard Section affected Description of changes Impact on energy efficiency and reason 90.1–2007

1 ...... A ...... 6. Heating, Ventilating, Remove closed tower requirements 0 (clarifies that requirements do not apply to and . from 6.8.1G. closed cooling towers).

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TABLE 1—RESULTS OF ADDENDUM-BY-ADDENDUM ANALYSIS—Continued

Addendum to No. standard Section affected Description of changes Impact on energy efficiency and reason 90.1–2007

2 ...... B ...... 6. Heating, Ventilating, Revises exception a to section 6.5.2.3 to Minor—(allows larger minimum ventilation and Air Conditioning. allow for codes other than ASHRAE 62.1 rates if required by other codes). to dictate minimum ventilation rates. 3 ...... C ...... 6. Heating, Ventilating, Adds vivarium to list of spaces that require Minor—(allows exception to dehumidification and Air Conditioning. specific levels to satisfy process controls for vivariums). needs. 4 ...... D ...... 3. Definitions, Abbre- Adds exceptions for Solar Heat Gain Coeffi- Major + (requires daylighting controls under viations, and Acro- cient (SHGC) and Visible Transmittance skylights and commissioning of daylighting nyms; 5. Building (VT) requirements for skylights; adds re- controls). Envelope; 9. Light- quirement for including visible light trans- ing. mittance test results with construction doc- uments; adds information on determining daylit area under skylights, automatic daylighting controls (with exceptions), and submittal requirements. 5 ...... E ...... 6. Heating, Ventilating, Changes exhaust air energy recovery re- Major + (increased use of heat recovery). and Air Conditioning. quirements and harmonizes requirements in simplified section 6.3.2 with require- ments in the 6.5 prescriptive path. 6 ...... F ...... 5. Building Envelope .. Requires high albedo roofs in hot climates ... Major + (requires cool roofs in hot climates) 7 ...... G ...... 3. Definitions, Abbre- Updates building envelope criteria for metal Minor + (increases envelope requirements viations, and Acro- buildings. for metal buildings). nyms; 5. Building Envelope. 8 ...... H ...... 6. Heating, Ventilating, Adds another exception to Section 6.5.2.1 Minor + (allows another exception that saves and Air Conditioning. Limitation of Simultaneous Heating and energy in some applications). Cooling. The exception addresses appar- ent conflict between standards and allows users to achieve comfort, meet the code, and save energy. 9 ...... I ...... 9. Lighting ...... Applies a four-zone lighting power density Major + (lowers illuminance requirements in approach to exterior lighting requirements. certain zones). Deletes the 5% additional power allow- ance in 9.4.5 and replaces it with a base wattage allowance per site. Defines the four zones and applies the appropriate re- quirements. 10 ...... J ...... 6. Heating, Ventilating, Updates the mechanical test procedures ref- 0 (updating references). and Air Condi- erences in the standard. The changes also tioning; 12. Nor- modify a reference in Table 6.8.1E, the mative References; normative references in Chapter 12, and Appendix E. Inform- the informative references in Informative ative References. Appendix E. 11 ...... K ...... 6. Heating, Ventilating, Updates Tables 6.8.1E and 7.8 to identify 0 (updating tables to reflect current federal and Air Conditioning. specific sections of referenced standards. standards). Table 7.8 also reflects the current federal efficiency levels for residential water heat- ers and adds a requirement for electric table-top water heaters. 12 ...... L ...... 6. Heating, Ventilating, Adds minimum efficiency and certification re- 0 (Requirement codifies industry standard and Air Conditioning. quirements for axial and centrifugal practice). closed-circuit cooling towers. Also adds a reference to ATC–105S, The Cooling Technology Institute test standard for closed-circuit cooling towers to Section 12. 13 ...... M ...... 6. Heating, Ventilating, Updates efficiency requirements. Es- Major + (updates chiller efficiency require- and Air Conditioning. tablishes additional path of compliance for ments). water-cooled . Combines all water- cooled chillers into one category and adds a new size category for centrifugal chillers at or above 600 tons. 14 ...... N ...... 6. Heating, Ventilating, Extends (VAV) fan con- Major + (extends control requirements to an- and Air Conditioning. trol requirements to large single-zone units. other equipment class). 15 ...... O ...... 8. Power ...... Modifies the scope of Section 8 and adds re- 0 (implements Federal efficiency standards quirements specific to low voltage dry-type for ). distribution transformers. 16 ...... P ...... 6. Heating, Ventilating, Provides pressure credits for laboratory ex- Minor—(increases allowable pressure drop in and Air Conditioning. haust systems that allow prescriptive com- laboratory exhaust systems). pliance with the standard.

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TABLE 1—RESULTS OF ADDENDUM-BY-ADDENDUM ANALYSIS—Continued

Addendum to No. standard Section affected Description of changes Impact on energy efficiency and reason 90.1–2007

17 ...... Q ...... 5. Building Envelope .. Vestibules, remove CZ4 exception ...... Minor + (applies vestibule requirement in more locations). 18 ...... R ...... Informative Appendix Changes Informative Appendix G Perform- 0 (performance rating method only). G. Performance ance Rating Method into a Normative Ap- Rating Method. pendix. Additionally, some language has been modified to make the Appendix En- forceable. 19 ...... S ...... 6. Heating, Ventilating, Updates the Coefficient of Performance 0 (replaces Integrated Part Load Value and Air Conditioning. (COP) at 17 °F efficiency levels for com- (IPLV) with Energy Efficiency Ratio(EER) mercial heat and introduces a new to capture part load performance). part-load energy efficiency descriptor (IEER) for all commercial unitary products above 65,000 Btu/h of cooling capacity. 20 ...... T ...... 6. Heating, Ventilating, Removes the term ‘‘replacement’’ and ‘‘new 0 (clarification of definitions). and Air Conditioning. construction’’ from the product classes list- ed in Table 6.8.1D and replaces them with the terms ‘‘nonstandard size’’ and ‘‘stand- ard size’’ to clarify that one product class is intended for applications with non- standard size exterior wall openings while the other is intended for applications with standard size exterior wall openings. Also amends section 6.4.1.5.2 and footnote b to Table 6.8.1D to clarify that nonstandard size packaged terminal equipment have sleeves with an external wall opening less than 16 in. high or less than 42 in. wide to reflect existing applications where the wall opening is not necessarily less than 16 in. high and less than 42 in. wide. However, to avoid a potential abuse of the definition, nonstandard size packaged terminal equipment are required to have a cross- sectional area of the sleeves less than 670 in2. 21 ...... U ...... 6. Heating, Ventilating, Adds a new section requiring Minor + (applies cooling tower requirements and Air Conditioning. open-circuit cooling towers over 1100 gpm more broadly). at the rating conditions to meet efficiency requirements for axial fan units found in 6.8.1G. 22 ...... V ...... 6. Heating, Ventilating, Revises section 6.4.2.1 to reference ANSI/ 0 (updates references). and Air Condi- ASHRAE/ACCA Standard 183–2007 for tioning; 12. Nor- sizing heating and cooling system design mative References. loads. Adds requirements for calculating head. 23 ...... W ...... Normative Appendix Changes footnote to Table G3.1.1A to make 0 (performance rating method). G. Performance it clear that Exception a to Section G3.1.1 Rating Method. also applies here. Changes the exception to G3.1.2.10 on Exhaust Air Energy Re- covery for multifamily buildings because they are unlikely to have a centralized ex- haust air system needed to effectively re- cover heat. 24 ...... X ...... 9. Lighting ...... Updates requirements for automatic lighting Major + (adds occupancy sensor require- shutoff, adds specific occupancy sensor ments for many specific applications). applications, and provides additional clari- fication. 25 ...... Y ...... 7. Service Water Establishes ARI 1160 as the test procedure Minor + (requires COP be met at lower tem- Heating. for pool heaters and requires perature). that the minimum COP of 4 be met at the low outdoor of 50 °F. 26 ...... Aa ...... 9. Lighting ...... Adds space exceptions for automatic lighting Minor + (limits automatic-on controls to spe- controls. cific space types). 27 ...... Ab ...... 3. Definitions, Abbre- Adds definitions and provides daylighting Major + (adds daylighting control require- viations, and Acro- control requirements for side-lighted ments for side-lighted spaces). nyms; and 9. Light- spaces. ing.

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TABLE 1—RESULTS OF ADDENDUM-BY-ADDENDUM ANALYSIS—Continued

Addendum to No. standard Section affected Description of changes Impact on energy efficiency and reason 90.1–2007

28 ...... Ac ...... 3. Definitions, Abbre- Adds incentives to use advanced lighting 0 (alternate compliance path). viations, and Acro- controls. nyms; 9. Lighting. 29 ...... Ad ...... 6. Heating, Ventilating, Includes certification requirements for liquid- 0 (documentation only). and Air Conditioning. to-liquid heat exchangers to benefit both manufacturers and consumers, allow prod- uct comparisons, and provide incentives to manufacturers to improve efficiency in order to gain market share. 30 ...... Ae ...... 6. Heating, Ventilating, Adds a requirement for insulating the sur- Minor + (reduced heat loss in radiant pan- and Air Conditioning. faces of radiant panels that do not face els). conditioned spaces. 31 ...... Af ...... 6. Heating, Ventilating, Provides requirement for designers, contrac- Minor + (requires proper hydronic system and Air Conditioning. tors, and owners to properly size system sizing). piping (hydronic systems) to balance on- going energy costs and first costs. 32 ...... Ag ...... 5. Building Envelope .. Adds requirement for rigid board insulation Minor + (reduces potential for thermal bridg- overlap. ing). 33 ...... Ai ...... Normative Appendix Removes requirement for comparing pro- 0 (alternative compliance path). G. Performance posed buildings utilizing with Rating Method. a baseline building with on-site chillers, and instead requires a baseline that also uses purchased chilled water. Details modifications to be made to the baseline HVAC systems when purchased chilled water or heat are included. 34 ...... Aj ...... 10. Other Equipment Updates the text and table of Chapter 10 to 0 (implements Federal motor requirements). comply with new federal law for motors rated at 1.0 horsepower and greater. Add- ing this information will help designers, end-use customers, and code officials with motor specifications and verifications. 35 ...... Ak ...... 6. Heating, Ventilating, Adds a pump isolation requirement for sys- Minor + (reduces pumping energy). and Air Conditioning. tems with multiple chillers and and temperature reset requirement for equip- ment with a minimum Btu/h. Revises word- ing to have requirements of 6.5.4.1 apply only to cooling systems. Changes thresh- old of variable speed systems to 7.5 HP. Adds requirement for differential pressure reset. Does not preclude also imple- menting chilled water supply temperature setpoint reset. Includes requirements for hydronic Heat Pump and Water-Cooled Unitary Air Conditioners. 36 ...... Al ...... 5. Building Envelope .. Adds skylight requirements in certain space Major + (requires skylights and daylighting in types (enclosed spaces) to promote some building types. daylighting energy savings. 37 ...... Am ...... 5. Building Envelope .. Revise air leakage criteria for fenestration Minor + (decreased air leakage). and doors. 38 ...... An ...... 5. Building Envelope .. Expands table of default U-values for single- 0 (updates default tables). digit rafter roofs. 39 ...... Ao ...... 6. Heating, Ventilating, Repairs know errata to Table 6.8.1E and re- 0 (editorial only). and Air Conditioning. orders the notes to properly organize them. Corrects the error of identifying EC, which should be listed as Et under ‘‘Warm Air , Gas-Fired’’ and also elimi- nates incorrect and redundant footnotes. 40 ...... Ap ...... 6. Heating, Ventilating, Includes demand controlled ventilation in the Major + (reduces ventilation energy. and Air Conditioning. simplified approach. 41 ...... Aq ...... Title, 1. Purpose, and Modify Title Purpose & Scope of ASHRAE 0 (no impact now, but does allow future posi- 2. Scope. 90.1. tive additions to Standard 90.1). 42 ...... Ar ...... 9. Lighting ...... Corrects an oversight in previous versions 0 (editorial only). where expanded exterior lighting power limits were put in place but the details of how to calculate the installed power and compare it to the limits was not included. This language revision puts the needed details in the standard.

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TABLE 1—RESULTS OF ADDENDUM-BY-ADDENDUM ANALYSIS—Continued

Addendum to No. standard Section affected Description of changes Impact on energy efficiency and reason 90.1–2007

43 ...... As ...... 6. Heating, Ventilating, Removes exception for VAV turndown re- Minor + (saves large amount of fan and re- and Air Conditioning. quirements for zones with special pressur- heat energy in hospitals). ization requirements. Reduces laboratory threshold where VAV or heat recovery is required. 44 ...... At ...... 6. Heating, Ventilating, Clears up inconsistencies and conflicts re- 0 (editorial only). and Air Conditioning. garding requirements in Chapter 6. 45 ...... Au ...... 6. Heating, Ventilating, Updates efficiency tradeoff table for elimi- 0 (alternate compliance path). and Air Conditioning. nating . 46 ...... Av ...... 9. Lighting ...... Changes Section 9.1.2 to require that in all Major + (expansion of new lighting power spaces where alterations take place, all re- densities to more retrofits). quirements of Section 9 are met. Changes exception so that the lighting power den- sity (LPD) requirements of the standard are met in the altered space if less than 10% of luminaries are replaced. 47 ...... Aw ...... 9. Lighting ...... Recognizes practical design application of Minor—(adds additional lighting allowance). excluding lighting from ‘‘master’’ control in hotel/motel guest rooms and adds a requirement to eliminate wast- ed light in guest room . Adds a 5W allowance for night lights that recog- nizes the practical current design applica- tion of guest room bathroom night light use but at a reasonable low level. 48 ...... Ax ...... 3. Definitions, Abbre- Expands requirements for Kitchen Exhaust Minor + (more stringent kitchen exhaust re- viations, and Acro- Systems (formerly Kitc8.4.1hen Hoods). quirements). nyms; 6. Heating, Includes addition of definitions for transfer Ventilating, and Air air, replacement air, and makeup air. Add Conditioning. Table 6.5.7.1.3 defining the maximum ex- haust flow rate through various hood types (CFM/Linear Foot of Hood Length). In- clude provisions for hoods with flows greater than 5,000 CFM. Require perform- ance testing to evaluate design airflow rates and demonstrate capture and con- tainment performance. 49 ...... Ay ...... 9. Lighting...... Change that requires users to identify Minor + (requires users to use proper LPDs). spaces by function. 50 ...... Az ...... 9. Lighting ...... Adds requirements for lighting controls to be Minor + (requires testing of lighting systems). functionally tested to ensure proper use and appropriate energy savings. 51 ...... Ba ...... 6. Heating, Ventilating, Allows a system performance option that al- 0 (alternative compliance path). and Air Conditioning. lows for compensating for the insulating value of the piping while maintaining the same net thermal requirements. 52 ...... Bc ...... 5. Building Envelope.. Clarifies that the requirements in Section 0 (clarification only). 5.5.4.2.3 are also specified for unconditioned spaces. 53 ...... Bd ...... 8. Power...... Removes emergency circuits not used for 0 (removes emergency circuits from require- normal building operation from the require- ments, but only impact is when emergency ments which will lead to increased compli- circuits are activated). ance. Allows for an increased conform- ance/use of 90.1 standard by eliminating issues of impracticality of feeder drop re- quirements for emergency circuits and pro- vides significant initial cost savings. 54 ...... Bf ...... 3. Definitions, Abbre- Modifies language to include performance Minor + (reduces air leakage allowances in viations, and Acro- requirements for air leakage of the opaque opaque envelope). nyms; 4. Adminis- envelope. tration and Enforce- ment; 5. Building Envelope.

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TABLE 1—RESULTS OF ADDENDUM-BY-ADDENDUM ANALYSIS—Continued

Addendum to No. standard Section affected Description of changes Impact on energy efficiency and reason 90.1–2007

55 ...... Bg ...... 6. Heating, Ventilating, Establishes a product class for water-to- Minor + (adds requirement where no require- and Air Condi- water heat pumps. Intent is to recognize ment previously existed). tioning; 12. Nor- the technology in 90.1 by requiring min- mative References. imum energy efficiency standards. Cooling Energy Efficiency Ratios (EERs) and heat- ing COPs are proposed for products with cooling capacities below 135,000 Btu/h at standard rating conditions listed in Inter- national Organization for Standardization (ISO) standard 13256–2. 56 ...... Bh ...... 6. Heating, Ventilating, Provides requirements for multiple zone Major + (requires supply air temperature and Air Conditioning. HVAC systems (that include simultaneous reset for non-peak conditions). heating and cooling) to include controls that automatically raise the supply air-tem- perature when the spaces served are not at peak load conditions. Allows an override of the temperature reset if a maximum space humidity setpoint is exceeded. There is an exception from this require- ment for warm and humid climate zones 1a, 2a, and 3a. 57 ...... Bi ...... 6. Heating, Ventilating, Updates requirements for piping insulation, Minor + (reduced piping heat loss/gain). and Air Conditioning. including incorporation of new 90.1 SPPC economic criteria used in developing standard requirements. Adds footnotes to address constrained locations and clarify requirements for direct buried piping. 58 ...... Bj ...... Normative Appendix Adds an exception within Appendix G that al- 0 (alternative compliance path). G. Performance lows users to claim energy cost savings Rating Method. credit for the increased ventilation effec- tiveness of certain HVAC system designs. 59 ...... Bk ...... 3. Definitions, Abbre- Includes the minimum efficiency require- 0 (clarification only). viations and Acro- ments for both Subtype I and Subtype II nyms; and 10. motors as well as clarifies what specific Other Equipment. motor types these requirements apply to. 60 ...... Bl ...... 6. Heating, Ventilating, Corrects the intent of the standard to not ex- Minor + (removes exemption for some and Air Conditioning. empt all chillers with secondary chillers). for freeze protection from coverage by Table 6.8.1C and removes ambiguity. Changes footnote a to Table 6.8.1C in rec- ognition of lower practical scope limits for the lower limit introduced in Addendum M for centrifugal chillers. 61 ...... Bm ...... 5. Building Envelope .. Coordinates terminology for visible transmit- 0 (terminology only). tance with NFRC 200. 62 ...... Bn ...... 5. Building Envelope; Limits use of poorly oriented fenestration— Minor + (limits poor fenestration orientation). 11. Energy Cost compliance shown by having more south- Budget Method. facing than west-facing fenestration. Pro- vides exceptions for retail glass and build- ings potentially shaded from the south or west. Exception also provided for certain additions and alterations. 63 ...... Bo ...... Normative Appendix Effort to keep requirements of Section 11 0 (alternative compliance path). G. Performance and Appendix G consistent with other ad- Rating Method. denda. Makes changes related to Ad- denda E, S, and U. 64 ...... Bp ...... 9. Lighting ...... Allows the use of control that provides auto- Minor + (allows use of additional energy sav- matic 50% auto on with the capability to ing control strategy). manually activate the remaining 50% and has full auto-off. 65 ...... Bq ...... 9. Lighting ...... Retail lighting additional allowance levels re- Minor + (lower retail lighting energy). duced. 66 ...... Br ...... 9. Lighting ...... Adds an exterior zone 0 to cover very low Minor + (reduced exterior lighting energy). light requirement areas. 67 ...... Bs ...... 8. Power ...... Adds requirements to provide a means for Minor + (reduces energy use during unoccu- non-critical receptacle loads to be auto- pied periods). matically controlled based on occupancy or scheduling without additional individual desktop or similar controllers.

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TABLE 1—RESULTS OF ADDENDUM-BY-ADDENDUM ANALYSIS—Continued

Addendum to No. standard Section affected Description of changes Impact on energy efficiency and reason 90.1–2007

68 ...... Bt ...... 6. Heating, Ventilating, Modifies equation for determining the per- Minor + (chillers that were previously exempt and Air Conditioning. formance adjustment factor for chillers are no longer exempt). under nonstandard conditions. Adds label- ing requirements for chillers to make com- pliance determinations simpler. 69 ...... Bu ...... 3. Definitions, Abbre- Modifies and adds to requirements for com- Major + (adds efficiency requirements for viations, and Acro- puter rooms. data centers). nyms; and 6. Heat- ing, Ventilating, and Air Conditioning. 70 ...... Bv ...... Normative Appendix Effort to keep requirements of Section 11 0 (alternative compliance paths). G. Performance and Appendix G consistent with other ad- Rating Method. denda to 90.1. This addendum includes changes to Section 11 and Appendix G due to Addendum Y, AJ, BK, and AX. 71 ...... Bw ...... 6. Heating, Ventilating, Amends minimum energy efficiency require- 0 (implements existing Federal standards). and Air Conditioning. ments for standard-size package terminal equipment to be consistent with the new federal standards. 72 ...... Bx ...... 6. Heating, Ventilating, Supplements changes made in addendums Minor + (limits reheat supply air tempera- and Air Conditioning. H and AS. Attempts to bring into alignment tures). requirements of ASHRAE 90.1 and ASHRAE 62.1. Limits the reheat supply air temperature from ceiling supply air devices to achieve better and reduce short-circuiting of air into ceiling re- turn air inlets. Promotes alternative meth- ods of heating perimeter spaces with high heat losses other than use of a VAV box with terminal reheat. 73 ...... By ...... 3. Definitions, Abbre- Revision represents a complete review, up- Major + (lowered lighting power densities). viations, and Acro- date, correction, and restructuring of the nyms; 9. Lighting. modeling and calculation basis for the space type and resulting whole building type lighting power densities. 74 ...... Ca ...... 6. Heating, Ventilating, Closes a loophole in the fan power allow- Minor + (removes fan power allowance for and Air Conditioning. ances for single zone variable air volume VAV systems without terminal units). (VAV) systems. 75 ...... Cb ...... 6. Heating, Ventilating, Adds requirement for simple systems to Major + (expansion of automatic damper re- and Air Conditioning. meet prescriptive outdoor air damper re- quirements). quirements. Allows backdraft dampers only for exhaust and relief dampers in buildings less than 3 stories in height. Requires backdraft dampers on outdoor air intakes to be pro- tected from wind limiting windblown infiltra- tion through the damper. Moves climate zone 5a to the category of cli- mates that require low leak dampers. Cor- rects a mistake in Table 6.4.3.4.4 Refor- mats Table 6.4.3.4.4 for clarity. 76 ...... Cc ...... 6. Heating, Ventilating, Corrects a mistake in the way 8″ pipe was Minor—(increases allowable flow rate in 8″ and Air Conditioning. analyzed. pipe). 77 ...... Cd ...... 9. Lighting ...... Additions to (1) Strengthen language to actu- Major + (requires control of exterior light- ally require exterior control rather than just ing—savings during night when lights not require the control capability, (2) add bi- needed). level control for general all-night applica- tions such as parking lots to reduce light- ing when not needed, and (3) add control for fac¸ade and landscape lighting not needed after midnight. 78 ...... Ce ...... 9. Lighting ...... Adds requirements for multilevel control ca- 0 (manual control requirement). pability (bi-level switching) in all spaces except those specifically exempted. 79 ...... Cf ...... 9. Lighting ...... Adds requirements for automatic reduction of Minor + (energy savings through use of con- stairway lighting within 30 minutes of occu- trols in stairways). pants exiting the zone.

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TABLE 1—RESULTS OF ADDENDUM-BY-ADDENDUM ANALYSIS—Continued

Addendum to No. standard Section affected Description of changes Impact on energy efficiency and reason 90.1–2007

80 ...... Ch ...... 11. Energy Cost Clarifies baseline minimum setpoints for fan- 0 (alternative compliance path). Budget Method; powered boxes and VAV reheat boxes. Normative Appendix Modifies exceptions to: remove exception G. Performance originally intended for hospitals and lab- Rating Method. oratory type spaces, clarify that lab sys- tems with greater than 5000 cfm of ex- haust air use a single VAV baseline sys- tem; and add exception to the 50% lab VAV minimum airflow to address minimum ventilation requirements lab designers fol- low to meet codes and accreditation standards. 81 ...... Ck ...... 6. Heating, Ventilating, Expands zone-level demand controlled ven- Minor + (expands automatic zone reset in and Air Conditioning. tilation to include various forms of system multizone systems). level strategies. It is being added to the prescriptive section, so that it could be traded off using the Energy Cost Budget (ECB) method. 82 ...... Cl ...... 3. Definitions, Abbre- Clarifies how to interpret the use of dynamic 0 (alternative compliance path). viations, and Acro- glazing which are designed to be able to nyms; 5. Building vary a performance property such as Solar Envelope. Heat Gain Coefficient (SHGC), rather than having just a single value. 83 ...... Cn ...... 9. Lighting ...... Adds two versions of a combined advanced 0 (alternative compliance path). control to the control incentives table (9.6.2). These control system combina- tions involve personal workstation control and work-station-specific occupancy sen- sors for open office applications. 84 ...... Co ...... 6. Heating, Ventilating, This proposal makes three amendments to Minor + (improves efficiency of minor market and Air Conditioning. Table 6.8.1A. First, it updates EER and products). IEER values for all condensing units and water and evaporatively cooled air condi- tioners with cooling capacities greater than 65,000 Btu/h. Second, the proposal estab- lishes a separate product class for evapo- ratively cooled air conditioners with dif- ferent energy efficiency standards. Third, the proposal replaces the IPLV descriptor for condensing units with the new IEER metric and amends the EERs with more stringent values. 85 ...... Cp ...... 3. Definitions, Abbre- Establishes efficiency requirements for Vari- 0 (not more stringent than common practice). viations, and Acro- able Flow (VRF) air condi- nyms; 6. Heating, tioners and heat pumps including heat Ventilating, and Air pumps that use a water source for heat re- Conditioning. jection. 86 ...... Cq ...... 6. Heating, Ventilating, Addendum is based on economic analysis Minor + (reduced leakage). and Air Condi- using the current scalar value. Nearly all tioning; Informative classes are economically justified at seal Appendix E. Inform- class A, allowing for the removal of two ta- ative References. bles. 87 ...... Cr ...... 3. Definitions, Abbre- Modifies definition of unmet load hour and 0 (alternative compliance paths). viations, and Acro- adds definition for temperature control nyms; 11. Energy throttling range. Requires that both base- Cost Budget Meth- line and proposed unmet hours not exceed od and Normative 300. Removes language allowing modifica- Appendix G. Per- tion of system coil capacities to reduce formance Rating unmet hours as needed. Method. 88 ...... Cs ...... 8. Power...... Modifies automatic receptacle control re- Major+ (minimizes exceptions to switched re- quirements and exemptions to eliminate ceptacle requirement. potential practical application issues. 89 ...... Ct ...... 9. Lighting...... Reduces the area threshold where side Minor + (reduce area requirement for occu- daylighting requires daylight sensor control pancy sensors). down to 250 square feet. 90 ...... Cv ...... 10. Other Equipment Adds requirements for service water pres- Minor + (adds requirement s for service sure booster systems. water pressure booster systems).

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TABLE 1—RESULTS OF ADDENDUM-BY-ADDENDUM ANALYSIS—Continued

Addendum to No. standard Section affected Description of changes Impact on energy efficiency and reason 90.1–2007

91 ...... Cw ...... 11. Energy Cost Revises the Energy Cost Budget for service 0 (alternative compliance path). Budget Method. hot water heaters. Corrects contradiction with section 11.32(b). Provides user in- struction for situations where a certain type of service hot water system is not list- ed in Table 7.8. 92 ...... Cy ...... 6. Heating, Ventilating, Makes several revisions to the Major + (expands use of economizers). and Air Conditioning. requirements in section 6.5.1 and 6.3.2. Updates Table 6.3.2 which allows for the elimination of economizers through the use of higher efficiency HVAC equipment. 93 ...... Cz ...... 9. Lighting ...... Incorporates bi-level control for parking ga- Minor + (reduced parking garage lighting). rages to reduce energy waste during un- occupied periods. 94 ...... da ...... Normative Appendix Establishes that an Appendix G baseline 0 (performance rating method). G. Performance shall be based on the minimum ventilation Rating Method. requirements required by local codes or a rating authority and not the proposed de- sign ventilation rates. 95 ...... db ...... Normative Appendix This addendum modifies the design air flow 0 (performance rating method). G. Performance rates for laboratory systems in the base- Rating Method. line building in Appendix G. 96 ...... dc ...... 9. Lighting ...... Removes information related to tandem wir- Minor—(tandem wiring no longer used in ing of lighting. practice—possible small increase in en- ergy usage). 97 ...... dd ...... 5. Building Envelope; Reduces the area threshold where skylights Major + (requires daylighting controls in and 9. Lighting. are required to be designed into building more spaces). spaces down to 5000 square feet and similarly reduces the threshold where daylighting controls must be applied to 900 square feet. 98 ...... de ...... 9. Lighting ...... Splits the ‘‘generic lobby’’ from common ele- 0 (allows more lighting power in lobbies but vator lobbies and lighting power densities less in elevator lobbies). were adjusted to reflect specific space needs. Also removes the fitness center au- dience seating because it’s considered a space type that was considered not used and potentially confusing.. 99 ...... df ...... 10. Other Equipment Adds requirements that address excess en- Minor + (small lighting and ventilation sav- ergy use in elevators due to ventilation ings). fans and cab lighting. 100 ...... dg ...... 3. Definitions, Acro- Adds a definition for the term ‘‘field-fab- 0 (clarification of definition). nyms, and Abbre- ricated fenestration’’ used in section viations; and Nor- 5.4.3.2 consistent with Interpretation IC mative Appendix G. 90.1–2007–01 and similar language in Performance Rating California’s Title 24. Method. 101 ...... di ...... 3. Definitions, Abbre- Adds requirements for enclosed parking ga- Minor + (reduced parking garage ventilation viations, and Acro- rage ventilation. energy). nyms; 6. Heating, Ventilating, and Air Conditioning. 102 ...... dj ...... 6. Heating, Ventilating, Limits the fan energy allowance for energy Minor + (limits fan energy allowance of en- and Air Conditioning. recovery devices to values that approxi- ergy recovery devices). mate the results of the economic analysis, with some allowance to permit adequate pressure drop for products near the min- imum recovery effectiveness of 50%. A separate allowance is also created for coil runaround loop systems. 103 ...... dk ...... Normative Appendix Adds clarity and instruction to the users of 0 (alternative compliance path). C. Methodology for Appendix C, the envelope trade off option, Building Envelope for new requirements that were added in Trade-Off Option in addendums AL, BC, and BN. AL required Subsection 5.6. skylights and lighting controls in certain occupancies. BC required skylights and lighting controls in unconditioned semi- heated spaces. BN dealt with orientation specific SHGC requirements..

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TABLE 1—RESULTS OF ADDENDUM-BY-ADDENDUM ANALYSIS—Continued

Addendum to No. standard Section affected Description of changes Impact on energy efficiency and reason 90.1–2007

104 ...... dl ...... Normative Appendix Gives instruction to the users of Appendix C 0 (alternative compliance path). C. Methodology for on how to model the base envelope de- Building Envelope sign and the proposed envelope design on Trade-Off Option in how to comply with the cool roof provi- Subsection 5.6. sions of Section 5. 105 ...... dn ...... Normative Appendix This addendum adds system types 9 and 10 0 (performance rating method). G. Performance for heated only storage spaces and asso- Rating Method. ciated changes. 106 ...... do ...... 4. Administration and Establishes the goals and requirements of 0 (documentation only). Enforcement; 9. the lighting system including controls and Lighting. ensures that owners are provided all the information necessary to best use and maintain lighting systems. 107 ...... dp ...... 12. Normative Ref- Updates the references in 90.1 to reflect the 0 (updates references). erences. current edition of the cited standard. Sub- stantive changes in the referenced docu- ments did not affect the requirements in 90.1 or change the stringency of the re- quirements of 90.1. 108 ...... dq ...... Normative Appendix Modifies the calculations found in Appendix 0 (alternative compliance path). C. Methodology for C in order to reflect modifications to the Building Envelope modeling assumptions. Trade-Off Option in Subsection 5.6. 109 ...... dr ...... 9. Lighting ...... Original purpose of 9.4.4 was to limit the use 0 (editorial only). of inefficient lighting sources for high - age applications when there was not a comprehensive table of lighting power density limits. With such a table now in place, section 9.4.4 is no longer necessary.

Table 2 is an overall summary of the the major positive and minor positive leading to the conclusion that the addenda in terms of their impact in the addenda (56) greatly overwhelms the overall impact of the addenda on the qualitative analysis. Overall, the sum of number of minor negative addenda (6), standard is positive.

TABLE 2—OVERALL SUMMARY OF ADDENDA IMPACT IN QUALITATIVE ANALYSIS

Major negative Minor negative Neutral Minor positive Major positive Total

None 6 47 37 19 109

The 6 negative impacts on energy are required in other codes. Addendum The 19 major positive impacts on efficiency include: c simply adds vivariums (spaces used energy efficiency include: 1. Addendum b—allows larger than for plant or animal growth) to the list of 1. Addendum d—requires daylighting minimum ventilation rates if required spaces that may have more stringent controls under skylights and by other codes. humidity requirements than normal commissioning of daylighting controls. 2. Addendum c—allows an exception spaces. Addendum p increases 2. Addendum e—requires increased to dehumidification for controls for allowable pressure drop in laboratory use of heat recovery. vivariums. exhaust systems and addresses some 3. Addendum f—requires cool roofs in 3. Addendum p—increases allowable noted shortcomings in the previous hot climates. pressure drop in laboratory exhaust version of Standard 90.1 with regard to 4. Addendum i—lower illuminance systems. fume hoods. Addendum aw requirements in certain exterior zones. 4. Addendum aw—adds an additional acknowledges the common practice of lighting allowance for nightlights in 5. Addendum m—updates chiller the use of bathroom lights as hotel/motel bathrooms. efficiency requirements. 5. Addendum cc—allows higher flow ‘‘nightlights’’ in hotel/motel guest 6. Addendum n—extends VAV fan rates in 8’’ piping. rooms. Addendum cc corrects a control requirements. 6. Addendum dc—eliminates tandem calculation error in the previous version 7. Addendum x—adds occupancy wiring requirement. of Standard 90.1. Addendum dc sensor requirements for many specific None of these negative impacts are eliminates a tandem wiring requirement applications. judged to be significant. Addendum b for ballasts that is no longer used with 8. Addendum ab—adds daylighting simply acknowledges that Standard 90.1 the widespread use of electronic control requirements for side-lighted does not address ventilation rates that ballasts. spaces.

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9. Addendum al—requires skylights intensities (EUI) by fuel type and by 10.17)/4.62 = 3.2) This yields an and daylighting in some building types. end-use were extracted. These EUIs by electricity ratio of 3.2 for converting 10. Addendum ap—reduces fuel type for each building were then how much primary (source) electricity ventilation energy. weighted to national average EUI figures is required per unit of site required 11. Addendum av—expansion of new using weighting factors based on the electricity. This ratio of 3.2 is then lighting power densities to more relative square footage of construction multiplied by 3,412 Btu per kWh, retrofits. represented by that prototype in each of producing a value of 10,918 Btus 12. Addendum bh—requires supply the 15 climate regions. These weighting primary energy per kWh of site energy. air temperature reset for non-peak factors were based on commercial Natural Gas EUIs in the prototypes were conditions. building construction starts data for a converted to primary energy using a 13. Addendum bu—adds efficiency five year period from 2003 to 2007. The factor of 1.090 Btus primary energy per requirements for data centers. source of data was the McGraw-Hill Btu of site natural gas use (based on the 14. Addendum by—required lower Construction Projects Starts Database 2010 national energy use estimated lighting power densities. (MHC). The MHC database captures shown in Table 2 of the AEO 2010). 15. Addendum cb—expands over 90% of new commercial This natural gas source energy automatic damper requirements. construction in any given year and the conversion factor was calculated by 16. Addendum cd—requires control collection process is independently dividing the natural gas subtotal of of exterior lighting. monitored to ensure the coverage of 23.15 quads (sum of all natural gas 17. Addendum cs—minimizes most of the commercial construction in exceptions to switched receptacle usage, including usage for natural gas the U.S. The data is used by other field production, leases, plant fuel, and requirement. federal agencies such as the U.S. Census 18. Addendum cy—expands use of pipeline (compression) supply) by the Bureau, the Federal Reserve and the delivered natural gas total of 21.23 economizers. U.S. Department of Health and Human 19. Addendum dd—requires quads (sum of four primary energy Services (HHS) for characterizing daylighting controls in more spaces. sectors (residential, commercial, building construction in the U.S. For the Many of these ‘‘major positive’’ industrial, and transportation). purpose of developing construction addenda are self descriptive. The high- weighting factors, the strength of this a. Calculation of Energy Cost Index level themes of the major positive data lies in the number of samples, the addenda tend to be as follows: To estimate the reduction in energy • Better lighting, daylighting, and characterization of each sample in terms cost index, DOE relied on national controls (d, i, x, ab, al, av, by, cd, cs, and of building end-use and size and average commercial building energy number of stories, the frequency of data dd) prices of $0.1026/kWh of electricity and • Better mechanical systems and collection, and the detailed location $10.06 per 1000 cubic feet ($0.9796/ application to more systems (e, m, n, ap, data. In addition, the MHC database can therm) of natural gas, based on EIA bh, bu, cb, and cy). be used to identify multifamily statistics for 2009 (the last complete • Better building envelope (f). residential buildings that would be year of data available in Table 5B There are an additional 37 addenda covered under ASHRAE Standard 90.1. Commercial Average Monthly Bill by DOE’s prototypes reflect the use of that have minor positive impacts. See Census Division, and State—available two fuel types, electricity and natural the complete qualitative analysis for from EIA at http://www.eia.gov/cneaf/ additional detail. gas. Using the weighting factors, DOE _ was able to establish an estimate of the electricity/esr/table5 b.html and for B. Quantitative Analysis relative reduction in building energy 2009 (the last complete year of data use, as determined by a calculated available from the EIA Natural Gas 1. Discussion of Whole Building Energy Annual Summary for the commercial Analysis reduction in weighted average site EUI for each building prototype. Site energy sector available at http:// The quantitative comparison of tonto.eia.doe.gov/dnav/ng/ng_pri_sum_ refers to the energy consumed at the _ _ Standard 90.1–2010 was carried out building site. In a corresponding dcu nus a.htm.) DOE recognizes that using whole-building energy fashion, DOE was also able to calculate actual fuel costs will vary somewhat by simulations of buildings built to both a reduction in terms of weighted average building type within a region, and will Standard 90.1–2007 and Standard 90.1– primary EUI and in terms of weighted in fact vary more across regions. 2010. DOE simulated 16 representative average energy cost intensity (ECI) in Nevertheless, DOE believes that the use building types in 15 U.S. climate $/sq. ft. of building floorspace. Primary of simple national average figures locations, each climate location selected energy as used here refers to the energy illustrates whether there will be energy to be representative of one of the 15 U.S. required to generate and deliver energy cost savings sufficient for the purposes climate zones used in the definition of to the site. To estimate primary energy, of the DOE determination. building energy code criteria in all electrical energy use intensities were b. Calculation of Energy Use Intensities Standard 90.1–2007 and Standard 90.1– first converted to primary energy using 2010. The simulations were developed a factor of 10,918 Btus primary energy Energy use intensities developed for using specific building prototypes based per kWh (based on the 2010 estimated each representative building type were on the DOE commercial reference values reported in Table 2 of the EIA weighted by total national square building models developed for DOE’s 2010 Annual Energy Outlook, release footage of each representative building Net-Zero Energy Commercial Building date December 2009, available at http:// type to provide an estimate of the Initiative. (These reference building www.eia.doe.gov/oiaf/archive/aeo10/ difference between the national energy prototypes were formerly known as aeoref_tab.html). use in buildings constructed to the 2007 Benchmark building models). No The conversion factor of 10,918 was and 2010 editions of the Standard 90.1. changes were made to the final calculated from Table 2 by summing the Note that the 16 buildings types used in quantitative analysis from the commercial electricity value of 4.62 the final determination reflect preliminary quantitative analysis. quads with the electricity losses value of approximately 80% of the total square For each building prototype simulated 10.17 quads and then dividing that sum footage of commercial construction in each climate the energy use by the commercial value. ((4.62 + including multi-family buildings greater

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than three stories covered under ASHRAE has a separate ventilation 2007, indicates national primary energy ASHRAE Standard 90.1. standard for commercial construction, savings of approximately 18.2 percent of Note that only differences between ASHRAE Standard 62.1 Ventilation for commercial building energy new building requirements were Acceptable . This consumption based on the weighting considered in this quantitative analysis. standard is cited only in a few factors for the 16 buildings simulated. Changes to requirements in the 2010 exceptions within the mechanical Site energy savings are estimated to be edition that pertain to existing buildings sections of either Standard 90.1–2007 or approximately 18.5 percent. Using only are addressed in the detailed Standard 90.1–2010, with each edition national average fuel prices for textual analysis only. referencing a different version of electricity and natural gas DOE Standard 62.1. Standard 90.1–2007 lists estimated a reduction in energy c. Application to Additions and Standard 62.1–2004 in its table of expenditures of 18.2 percent would Renovations references. Standard 90.1–2010 lists result from the use of Standard 90.1– Both the 2010 and 2007 editions Standard 62.1–2007 in its table of 2010 as compared to Standard 90.1– address additions and renovations to references. 2007. As identified previously, these existing buildings. Since DOE has Ventilation rates can have significant estimated savings figures do not include preliminarily found insufficient data to impact on the energy use of commercial energy savings from equipment or characterize renovations in terms of buildings. States and local jurisdictions appliance standards that would be in what energy using features are utilized, typically specify the ventilation place due to Federal requirements DOE has not determined that the results requirements for buildings within their regardless of their presence in the obtained from the whole building respective building codes and can set Standard 90.1–2010. prototypes used would reasonably these requirements independent of the Tables 3 and 4 show the aggregated reflect the EUI benefits that would energy code requirements. Because of energy use and associated energy accrue to renovated floor space. For this the limited reference to ventilation savings by building type for the 16 reason, renovated floor space is not within either the 2007 or the 2010 building prototypes analyzed and on an included in the DOE weighting factors. edition, the requirements that States aggregated national basis for the 2007 Building additions on the other hand certify that their energy codes meet or and 2010 editions, respectively. For are believed to be substantially exceed the 2010 edition of Standard each edition of Standard 90.1, the equivalent to new construction. For this 90.1 would in general not require national building floor area weight used reason, FW Dodge construction data on modification of State ventilation code to calculate the national impact on additions has been incorporated into the requirements. However, in many cases, building EUI or building ECI is overall weighting factors. Floor space ventilation requirements can be traced presented. National-average site energy additions reflect approximately 13 back to requirements found in one or use intensities ranges from over five percent of new construction floor space another version of Standard 62.1. For hundred Btu per square foot annually based on data captured in the FW Dodge the purpose of the quantitative analysis, for the Fast Food prototype to dataset. DOE assumed ventilation rates for the approximately 20 Btu per square foot simulation prototypes based on the annually for the Non-refrigerated d. Ventilation Rate Assumptions requirements of Standard 62.1–2004. Warehouse type. Source energy use The final quantitative analysis intensities and building energy cost 2. Results of Whole Building Energy assumed the same base ventilation level intensities ($/sf-yr) are also presented. Analysis for buildings constructed to Standard Further details on the final quantitative 90.1–2007 and Standard 90.1–2010. The final quantitative analysis of the analysis can be found in the full final Neither edition of Standard 90.1 energy consumption of buildings built quantitative analysis report available at specifies ventilation rates for to Standard 90.1–2010, as compared http://www.energycodes.gov/status/ commercial building construction. with buildings built to Standard 90.1– determinations_com.stm.

TABLE 3—ESTIMATED ENERGY USE INTENSITY BY BUILDING TYPE—2007 EDITION

Building type Whole building EUI data for building population Building type Building prototype floor area weight Site EUI Source EUI ECI % kBtu/ft2-yr kBtu/ft2-yr $/ft2-yr

Office ...... Small Office ...... 5 .61 39.1 118.4 $1.11 Medium Office ...... 6.05 47.7 140.6 1.32 Large Office ...... 3 .33 42.8 123.3 1.16 Retail ...... Stand-Alone Retail ...... 15 .25 65.0 179.5 1.69 Strip Mall ...... 5 .67 68.3 186.0 1.75 Education ...... Primary School ...... 4.99 63.4 170.2 1.60 Secondary School ...... 10.36 54.2 149.7 1.41 Healthcare ...... Outpatient Health Care ...... 4 .37 162.0 438.0 4.11 Hospital ...... 3 .45 156.4 374.9 3.51 Lodging ...... Small Hotel ...... 1.72 70.8 179.4 1.68 Large Hotel ...... 4 .95 157.1 315.8 2.95 Warehouse ...... Non-Refrigerated Warehouse ...... 16 .72 24.2 58.6 0.55 Food Service ...... Fast-Food Restaurant ...... 0 .59 547.7 1068.0 9.98 Sit-Down Restaurant ...... 0.66 382.4 810.7 7.59 Apartment ...... Mid-Rise Apartment ...... 7.32 44.2 123.7 1.16 High-Rise Apartment ...... 8.97 44.2 129.3 1.22 National ...... 100 67.5 174.0 1.63

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TABLE 4—ESTIMATED ENERGY USE INTENSITY BY BUILDING TYPE—2010 EDITION

Building type Whole building EUI data for building population floor area Building type Building prototype weight Site EUI Source EUI ECI % kBtu/ft2-yr kBtu/ft2-yr $/ft2-yr

Office ...... Small Office ...... 5 .61 32.8 99.0 $0.93 Medium Office ...... 6.05 37.1 106.3 1.00 Large Office ...... 3 .33 33.3 96.8 0.91 Retail ...... Stand-Alone Retail ...... 15 .25 48.0 135.1 1.27 Strip Mall ...... 5 .67 56.9 150.9 1.42 Education ...... Primary School ...... 4.99 48.0 134.8 1.27 Secondary School ...... 10.36 39.8 114.9 1.08 Healthcare ...... Outpatient Health Care ...... 4 .37 125.4 340.9 3.20 Hospital ...... 3 .45 118.1 299.5 2.81 Lodging ...... Small Hotel ...... 1.72 66.6 165.7 1.55 Large Hotel ...... 4 .95 139.8 282.5 2.64 Warehouse ...... Non-Refrigerated Warehouse ...... 16 .72 19.2 45.0 0.42 Food Service ...... Fast-Food Restaurant ...... 0 .59 519.9 976.5 9.12 Sit-Down Restaurant ...... 0.66 330.9 654.1 6.12 Apartment ...... Mid-Rise Apartment ...... 7.32 41.2 118.3 1.11 High-Rise Apartment ...... 8.97 41.0 123.5 1.16 National ...... 100 55.0 142.4 1.34

Table 5 presents the estimated percent Overall, considering those differences energy efficiency of commercial energy savings (based on change in EUI) that can be reasonably quantified, the buildings. Numbers in Table 5 represent between the 2007 and 2010 editions. 2010 edition is expected to increase the percent energy savings.

TABLE 5—ESTIMATED PERCENT ENERGY SAVINGS WITH 2010 EDITION—BY BUILDING TYPE

Building type Percent savings in whole building energy use floor area intensity (%) Building type Building prototype weight % Site EUI Source EUI ECI

Office ...... Small Office ...... 5 .61 16.1 16.4 16.4 Medium Office ...... 6.05 22.1 24.4 24.4 Large Office ...... 3 .33 22.3 21.5 21.5 Retail ...... Stand-Alone Retail ...... 15 .25 26.1 24.7 24.7 Strip Mall ...... 5 .67 16.8 18.9 18.9 Education ...... Primary School ...... 4.99 24.2 20.8 20.8 Secondary School ...... 10.36 26.7 23.3 23.2 Healthcare ...... Outpatient Health Care ...... 4 .37 22.6 22.2 22.2 Hospital ...... 3 .45 24.5 20.1 20.1 Lodging ...... Small Hotel ...... 1.72 5.9 7.7 7.7 Large Hotel ...... 4 .95 11.0 10.5 10.5 Warehouse ...... Non-Refrigerated Warehouse ...... 16 .72 20.7 23.1 23.1 Food Service ...... Fast Food Restaurant ...... 0 .59 5.1 8.6 8.6 Sit-Down Restaurant ...... 0.66 13.5 19.3 19.4 Apartment ...... Mid-Rise Apartment ...... 7.32 6.8 4.4 4.4 High-Rise Apartment ...... 8.97 7.2 4.5 4.5 National ...... 100 18.5 18.2 18.2

C. Final Determination Statement • Addendum c, which allows an remaining addenda either represented exception to dehumidification for no change in stringency, or indicated a DOE’s review and evaluation controls for vivariums; positive change in stringency indicates that there are significant • Addendum p, which increases corresponding to improved efficiency. differences between the 2007 edition allowable pressure drop in laboratory and the 2010 edition. DOE’s overall Overall, DOE concluded the changes in exhaust systems; textual requirements and stringencies final conclusion is that the 2010 edition • Addendum aw, which adds an are ‘‘positive,’’ in the sense that they will improve the energy efficiency of additional lighting allowance for commercial buildings. would improve energy efficiency in nightlights in hotel/motel bathrooms; commercial construction. However, DOE identified six changes • Addendum cc, which allows higher in textual requirements that taken alone flow rates in 8″ piping; and The quantitative analysis shows that appear to represent a reduction in • Addendum dc, which eliminates for the 16 prototype buildings, a stringencies and could decrease energy tandem wiring requirements. weighted average national improvement efficiency. The six changes are: DOE believes that in these cases, the in new building efficiency of 16.5 • Addendum b, which allows larger reduction in stringency was not percent, when considering source than minimum ventilation rates if considered a major impact. For the other energy, and by 17.1 percent, when required by other codes; addenda, DOE determined that the considering site energy.

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As both the 2007 and 2010 editions B. Certification C. Request for Extensions To Certify cover existing buildings, to the extent Section 304(c) of ECPA, requires that that these standards are applied to Section 304(b) of ECPA, as amended, requires each State to certify to the the Secretary permit an extension of the existing buildings in retrofits or in new deadline for complying with the construction addition, the 2010 edition Secretary of Energy that it has reviewed and updated the provisions of its certification requirements described should improve the efficiency of the above, if a State can demonstrate that it existing building stock. commercial building energy code regarding energy efficiency to meet or has made a good faith effort to comply DOE has, therefore, concluded that exceed the Standard 90.1–2010 edition. with such requirements and that it has Standard 90.1–2010 receive an (42 U.S.C 6833(b)) Today’s final made significant progress toward affirmative determination under Section determination is being published before meeting its certification obligations. (42 304(b) of ECPA. the 2 year deadline to file a certification U.S.C. 6833(c)) Such demonstrations III. Filing Certification Statements With for the 2007 positive determination; could include one or both of the following: (1) A plan for response to the DOE therefore, a state may file just one requirements stated in section 304; or certification to address both A. Review and Update (2) a statement that the State has determinations. The certification must appropriated or requested funds (within Upon publication of this affirmative include a demonstration that the State funding procedures) to implement final determination, each State is provisions of the State’s commercial a plan that would respond to the required to review and update, as building energy code regarding energy requirements of Section 304 of ECPA. necessary, the provisions of its efficiency meet or exceed Standard This list is not exhaustive. Requests are commercial building energy code to 90.1–2010. If a State intends to certify to be sent to the address provided in the meet or exceed the energy efficiency that its commercial building energy ADDRESSES section. provisions of the 2010 edition. (42 code already meets or exceeds the U.S.C. 6833(b)(2)(B)(i)) This action is requirements of Standard 90.1–2010, the IV. Regulatory Analysis State should provide an explanation of required to be taken not later than two A. Review Under Executive Order 12866 years from the date of publication of this the basis for this certification, e.g., notice of final determination, unless an Standard 90.1–2010 is incorporated by Today’s action is not a significant extension is provided. reference in the State’s building code regulatory action under section 3(f)(1) of The DOE recognizes that some States regulations. The chief executive of the Executive Order 12866, ‘‘Regulatory do not have a State commercial building State (e.g., the Governor) or a designated Planning and Review’’ (58 FR 51735; energy code or have a State code that State official, such as the Director of the October 4, 1993). Accordingly, today’s does not apply to all commercial State energy office, State code action was not subject to review by the buildings. If local building energy codes commission, utility commission, or Office of Information and Regulatory regulate commercial building design equivalent State agency having primary Affairs (OIRA) in the Office of and construction rather than a State responsibility for commercial building Management and Budget (OMB). code, the State must review and make energy codes, is to provide the B. Review Under the Regulatory all reasonable efforts to update as certification to the Secretary. Such a Flexibility Act authorized those local codes to designated State official also is to provide the certifications regarding the The Regulatory Flexibility Act (5 determine whether they meet or exceed U.S.C. 601 et seq.) requires the the 2010 edition of Standard 90.1. States codes of units of general purpose local government based on information preparation of an initial regulatory may base their certifications on flexibility analysis for any rule that by reasonable actions by units of general provided by responsible local officials. Certifications are to be sent to the law must be proposed for public purpose local government. Each such comment, unless the agency certifies State must still review the information address provided in the ADDRESSES section. that the rule, if promulgated, will not obtained from the local governments have a significant economic impact on and gather any additional data and DOE does list the States that have a substantial number of small entities. testimony for its own certification. filed certifications and those that have As required by Executive Order 13272, Note that the applicability of any or have not adopted new codes on the ‘‘Proper Consideration of Small Entities State revisions to new or existing DOE Energy Efficiency and Renewable in Agency Rulemaking,’’ (67 FR 53461 buildings would be governed by the Energy Web site at http:// (Aug. 16, 2002)), DOE published State building codes. However, it is our www.energycodes.gov/states/. Once a procedures and policies on February 19, understanding that generally, the State has adopted a new commercial 2003, to ensure that the potential revisions would not apply to existing code, DOE typically provides software, impacts of its rules on small entities are buildings unless they are undergoing a training, and support for the new code properly considered during the change that requires a building permit. as long as the new code is based on the rulemaking process (68 FR 7990). DOE States should be aware that the DOE national model codes (in this case, has made its procedures and policies considers high-rise (greater than three ASHRAE Standard 90.1). available on the Office of General stories) multi-family residential Some States develop their own codes Counsel’s Web site: http:// buildings, hotel, motel, and other that are only loosely related to the www.gc.doe.gov. transient residential building types of national model codes and DOE does not DOE has reviewed today’s final any height as commercial buildings for typically provide technical support for determination under the provisions of energy code purposes. Consequently, those codes. However, DOE does the Regulatory Flexibility Act and the commercial buildings, for the purposes provide grants to these States through procedures and policies published on of certification, would include high-rise grant programs administered by the February 19, 2003. Since today’s action (greater than three stories) multi-family National Energy Technology Laboratory on the determination of improved residential buildings, hotel, motel, and (NETL). DOE does not prescribe how energy efficiency between the 2007 and other transient residential building each State adopts and enforces its 2010 editions of Standard 90.1 is now types of any height. energy codes. finalized by DOE, it requires States to

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undertake an analysis of their respective DOE has not prepared an environmental regulatory policies that have federalism building codes. As such, the only assessment or an environmental impact implications unless ‘‘funds necessary to entities directly regulated by this final statement. pay the direct costs incurred by the determination would be States. DOE State and local governments in D. Review Under Executive Order does not believe that there will be any complying with the regulation are 13132, ‘‘Federalism’’ direct impacts on small entities such as provided by the Federal Government.’’ small businesses, small organizations, or Executive Order 13132, 64 FR 43255 (62 FR 43257) Pursuant to section 304(e) small governmental jurisdictions. (Aug 4, 1999), imposes certain of ECPA, the DOE Secretary is required On the basis of the foregoing, DOE requirements on agencies formulating to ‘‘provide incentive funding to States certifies that this final determination and implementing policies or to implement the requirements of would not have a significant economic regulations that pre-empt State law or [Section 304], and to improve and impact on a substantial number of small that have federalism implications. implement State residential and entities. Accordingly, DOE has not Agencies are required to examine the commercial building energy efficiency prepared a regulatory flexibility analysis constitutional and statutory authority codes, including increasing and for this final determination. DOE’s supporting any action that would limit verifying compliance with such codes. certification and supporting statement the policymaking discretion of the In determining whether, and in what of factual basis will be provided to the States and carefully assess the necessity amount, to provide incentive funding Chief Counsel for Advocacy of the Small for such actions. under this subsection, the Secretary Business Administration pursuant to 5 DOE has reviewed the statutory shall consider the actions proposed by U.S.C. 605(b). authority. Congress found that: the State to implement the requirements (1) Large amounts of fuel and energy of this section, to improve and C. Review Under the National are consumed unnecessarily each year Environmental Policy Act of 1969 implement residential and commercial in heating, cooling, ventilating, and building energy efficiency codes, and to Today’s action is covered under the providing domestic hot water for newly promote building energy efficiency Categorical Exclusion found in DOE’s constructed residential and commercial through the use of such codes.’’ (42 National Environmental Policy Act buildings because such buildings lack U.S.C. 6833(e)) Therefore, consultation regulations at paragraph A.6. of adequate energy conservation features; with States and local officials regarding Appendix A to subpart D, 10 CFR part (2) Federal voluntary performance this final determination was not 1021. That Categorical Exclusion standards for newly constructed required. applies to actions that are strictly buildings can prevent such waste of However, DOE notes that State and procedural, such as rulemaking energy, which the Nation can no longer local governments were invited to establishing the administration of afford in view of its current and participate in the development Standard grants. Today’s action is required by anticipated energy shortage; 90.1–2010. Standard 90.1–2010, was Title III of ECPA, as amended, which (3) the failure to provide adequate developed in a national ANSI consensus provides that whenever the Standard energy conservation measures in newly process open to the public and in which 90.1–1989, or any successor to that constructed buildings increases long- State and local governments participate code, is revised, the Secretary must term operating costs that may affect along with DOE and other interested make a determination, not later than 12 adversely the repayment of, and security parties. It is the product of a series of months after such revision, whether the for, loans made, insured, or guaranteed amendments to the prior addition of the revised code would improve energy by Federal agencies or made by standard. Each addendum is put out for efficiency in commercial buildings and federally insured or regulated national public review. Anyone may must publish notice of such instrumentalities; and submit comments, and in the process determination in the Federal Register. (4) State and local building codes or comments were received from State and (42 U.S.C. 6833(b)(2)(A)) If the Secretary similar controls can provide an existing local governments. Comments on the determines that the revision of Standard means by which to assure, in addendum are received, reviewed and 90.1–1989 or any successor thereof, coordination with other building resolved through a consensus process. improves the level of energy efficiency requirements and with a minimum of Members of the standards project in commercial buildings then no later Federal interference in State and local committee have included than two years after the date of the transactions, that newly constructed representatives of State and local publication of such affirmative buildings contain adequate energy governments. determination, each State is required to conservation features. (42 U.S.C. 6831) DOE annually holds a national certify that it has reviewed and updated Pursuant to Section 304(b) of ECPA, building energy codes workshop at the provisions of its commercial DOE is statutorily required to determine which the progress on development of building code regarding energy whether the most recent versions of the model energy codes are presented, efficiency with respect to the revised or ASHRAE 90.1 would improve the level along with discussion and sharing of successor code. (42 U.S.C. of energy efficiency in commercial problems and successes in adoption, 6833(b)(2)(B)(i)) If the Secretary makes a buildings as compared to the previous implementation, and enforcement of determination that the revised standard version. If DOE makes a positive building energy codes. The predominate will not improve energy efficiency in determination, the statute requires each attendance of these workshops are State commercial buildings then State State to certify that it has reviewed and and local officials responsible for commercial codes shall meet or exceed updated the provisions of its building energy codes. They are the last revised standard for which the commercial building code regarding consistently encouraged and urged to Secretary has made a positive energy efficiency with respect to the participate in the model building energy determination. (42 U.S.C. revised or successor codes. (42 U.S.C. code processes, which will be the 6833(b)(2)(B)(ii)) Therefore, DOE has 6833(b)(2)(B)(i)) subject of DOE’s next determinations preliminarily determined that the Executive Order 13132, 64 FR 43255 under section 304 of ECPA. Thus, State Secretary’s determination is not a major (August 4, 1999) requires meaningful and local officials have had the federal action that would have direct and timely input by State and local opportunity to participate in the environmental impacts. Accordingly, officials in the development of development of the standard through

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the ASHRAE process. Some have done develop an effective process for (1) A cost per hour of $100 per hour so. obtaining meaningful and timely input was assumed based on actual rates Similarly, the comments of States and from elected officers of State, local, and proposed in subcontracts associated local governments about provisions of tribal governments. with compliance studies funded by the developing Standard 90.1–2010 Upon publication of this affirmative DOE. The average rate calculated from were received in formal comment final determination, each State is these subcontracts for 10 types of periods and heard and addressed in required under section 304 of ECPA to building officials from 6 states was ASHRAE committee deliberations open review and update, as necessary, the $93.41, so DOE chose to round this up to the public. In addition, concerns and provisions of its commercial building to $100 per hour. issues about adoption, implementation energy code to meet or exceed the a. Low estimate—8 hours × 50 states × and enforcement issues were presented provisions of the 2010 edition of $100 per hour = $40,000. and discussed at informal sessions at Standard 90.1. (42 U.S.C. b. High estimate—500 hours × 50 states the Department’s annual national 6833(b)(2)(B)(i)) Section 304 of ECPA × $100 per hour = $2,500,000. workshops on building energy codes. requires State action in response to this (2) Compare Standard 90.1–2010 to DOE believes that the above process has positive determination by DOE. The existing state code—Assuming the State given State and local jurisdictions statutory requirements of ECPA require is familiar with its code and has extensive opportunity to comment on DOE to provide a determination performed an effective evaluation of and express their concerns on Standard irrespective of costs. While the Standard 90.1 in the first step, the range 90.1–2010, the subject of this processes that States may undertake to of potential costs should be similar to determination. update their codes vary widely, as a Step 1. (See Step 1 for discussion of 8 On issuance of a final determination general rule a State at a minimum needs hour and 500 hour times and $100 per that Standard 90.1–2010 would improve to: hour cost estimate). the energy efficiency of commercial • Evaluate Standard 90.1–2010 using a. Low estimate—8 hours × 50 states × buildings, ECPA requires the States to the background material provided by certify to the Secretary that it has $100 per hour = $40,000. DOE b. High estimate—500 hours × 50 states reviewed and updated the provisions of • Compare the existing State × $100 per hour = $2,500,000. its commercial building code regarding commercial building energy code to energy efficiency to meet or exceed the (3) Update the State Codes to meet or Standard 90.1–2010 to see if an update requirements of Standard 90.1–2010. exceed Standard 90.1–2010—Adopting is needed a new energy code could be as simple DOE notes that ECPA sets forth this • requirement for States. (42 U.S.C. Update the State commercial as updating an order within the State, or 6833(b)(2)(B)(i)) States are given broad building energy code to meet or exceed it could be very complex involving freedom to either adopt Standard 90.1– Standard 90.1–2010. hearings, testimony, etc. Again, the 2010 or develop their own code that DOE evaluated the potential for State range of potential costs should be meets equivalent energy efficiency. activity to exceed $100 million in any similar to Step 1. (See Step 1 for one year. The approach looked at the discussion of origin of 8 hour and 500 E. Review Under the Unfunded three steps for minimum activity listed hour times and $100 per hour cost Mandates Reform Act of 1995 in the previous paragraph—evaluate, estimate). The Unfunded Mandates Reform Act compare and update. A fourth potential a. Low estimate—8 hours × 50 states × of 1995 (Pub. L. 104–4) generally step of providing training on the new $100 per hour = $40,000. requires Federal agencies to examine code was also considered as some States b. High estimate—500 hours × 50 states closely the impacts of regulatory actions may consider training on the new code × $100 per hour = $2,500,000. on State, local, and tribal governments. to be an integral part of adopting the The potential range of total costs Subsection 101(5) of Title I of that law new code. For the three steps of States to under these assumptions defines a Federal intergovernmental minimum activity, DOE estimated the would be $120,000 to $7.5 million. This mandate to include any regulation that following: range is well below the $100 million would impose upon State, local, or Evaluate Standard 90.1–2010—DOE threshold in the Unfunded Mandates tribal governments an enforceable duty, estimated a minimum of 8 hours of Act. DOE has also considered potential except a condition of Federal assistance review per State and a maximum review costs were States to provide training on or a duty arising from participating in a time of 500 hours of review per State the new code. voluntary Federal program. Title II of (12.5 work weeks). The minimum (4) Train Code officials on New that law requires each Federal agency to review time of 8 hours (one day) is the Code—Assuming every jurisdiction has assess the effects of Federal regulatory estimated minimum amount of time at least one person that needs to be actions on State, local, and tribal DOE can see States taking to review trained on energy code. There are governments, in the aggregate, or to the Standard 90.1–2010. Reading and roughly 40,000 general purpose local private sector, other than to the extent reviewing the Federal Register notice, governments, or jurisdictions, in the such actions merely incorporate the qualitative analysis document and U.S.. The total number of jurisdictions requirements specifically set forth in a the quantitative analysis document will in the U.S. that enforce energy codes is statute. Section 202 of that title requires take the average person several hours. not known with any degree of certainty. a Federal agency to perform a detailed Deciding on whether or not to upgrade The National League of Cities publishes assessment of the anticipated costs and to Standard 90.1–2010 may take another an estimate of the number of local benefits of any rule that includes a couple of hours. The maximum review governments in the U.S. at http:// Federal mandate which may result in time of 500 hours (62.5 day, 3 working www.nlc.org/build-skills-networks/ costs to State, local, or tribal months) upper limit was estimated as resources/cities-101/number-of-local- governments, or to the private sector, of the amount of time that a State that was governments—population-distribution. $100 million or more. Section 204 of not familiar with energy codes at all or Their summary indicates the following: that title requires each agency that which has a particularly arduous review • 19,492 Municipal governments; proposes a rule containing a significant process within the State would take to • 16,519 Town or Township Federal intergovernmental mandate to review these documents. governments;

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• 3,033 County governments; Accordingly, DOE has concluded that it implications.’’ ‘‘Policies that have tribal • 13,726 School districts; and is not necessary to prepare a Family implications’’ refers to regulations that • 37,381 Special district Policymaking Assessment. have ‘‘substantial direct effects on one governments. or more Indian tribes, on the G. Review Under the Treasury and (5) DOE believes it is reasonable to relationship between the Federal assume that all of the municipal General Government Appropriations Act of 2001 Government and Indian tribes, or on the governments, town or township distribution of power and governments, and county governments Section 515 of the Treasury and responsibilities between the Federal could be required to acquire training on General Government Appropriations Government and Indian tribes.’’ Standard 90.1–2010 in order to enforce Act, 2001 (44 U.S.C. 3516, note) Today’s action is not a policy that has this standard as an adopted energy code. provides for agencies to review most ‘‘tribal implications’’ under Executive In addition, the 50 state governments disseminations of information to the Order 13175. DOE has reviewed today’s would be required to acquire training. public under guidelines established by action under Executive Order 13175 and This number adds up to each agency pursuant to general has determined that it is consistent with 19,429+16,504+3,033+50 = 39,094. guidelines issued by OMB. OMB’s applicable policies of that Executive Another widely mentioned estimate of guidelines were published at 67 FR Order. the total number of code adopting 8452 (Feb. 22, 2002), and DOE’s guidelines were published at 67 FR Issued in Washington, DC, on October 12, jurisdictions in the U.S. is 44,000. This 2011. 62446 (Oct. 7, 2002). DOE has reviewed number is based on the National Henry Kelly, Conference of States on Building Codes today’s action under the OMB and DOE guidelines and has concluded that it is Acting Assistant Secretary, Energy Efficiency and Standards (NCBCS). See, for and Renewable Energy. example, http://www.ncsbcs.org/ consistent with applicable policies in newsite/New%20Releases/ those guidelines. [FR Doc. 2011–27057 Filed 10–18–11; 8:45 am] _ _ BILLING CODE 6450–01–P RW Presentation 060602.htm. Both H. Review Under Executive Order 13211 these estimates are in reasonable Executive Order 13211, ‘‘Actions agreement and so DOE assumed that DEPARTMENT OF ENERGY there are 40,000 potential jurisdictions Concerning Regulations That that potentially would need training on Significantly Affect Energy Supply, Distribution, or Use,’’ 66 FR 28355 (May Unconventional Resources a new energy code. Technology Advisory Committee Based on training experiences of the 22, 2001), requires Federal agencies to Building Energy Codes Program staff, prepare and submit to the OMB a AGENCY: Office of Fossil Energy, with conducting training sessions for Statement of Energy Effects for any Department of Energy. jurisdictional staff regarding Standard proposed significant energy action. A ACTION: Notice of open meeting. 90.1, one full-day (8 hours) of training ‘‘significant energy action’’ is defined as is normally sufficient. Therefore, DOE any action by an agency that SUMMARY: This notice announces a has used 8 hours as a low estimate and promulgated or is expected to lead to meeting of the Unconventional 16 hours as a high estimate for training promulgation of a final rule, and that: Resources Technology Advisory hours required if a jurisdiction were to (1) Is a significant regulatory action Committee. The Federal Advisory adopt Standard 90.1–2010. under Executive Order 12866, or any Committee Act (Pub. L. 92–463, 86 Stat. successor order; and (2) Is likely to have a. Low estimate—8 hours × 40,000 770) requires that notice of this meeting a significant adverse effect on the jurisdictions × $100 per hour = be announced in the Federal Register. supply, distribution, or use of energy; or $32,000,000. DATES: Thursday, October 27, 2011; 11 (3) Is designated by the Administrator of b. High Estimate—16 hours × 40,000 a.m. to 1 p.m. (EDT). the Office of Information and Regulatory jurisdictions × $100 per hour = ADDRESSES: U.S. Department of Energy, Affairs (OIRA) as a significant energy $64,000,000. 1000 Independence Avenue, SW., action. For any proposed significant Washington, DC 20585. Adding the potential training costs of energy action, the agency must give a $32 million to $64 million to the costs detailed statement of any adverse effects FOR FURTHER INFORMATION CONTACT: for the three steps indicates a potential on energy supply, distribution, or use, Elena Melchert, U.S. Department of total costs ranging from $32.12 million should the proposal be implemented, Energy, Office of Oil and Natural Gas, to $71.5 million. The high end of this and of reasonable alternatives to the Washington, DC 20585. Phone: (202) estimate is less than the $100 million action and their expected benefits on 586–5600. threshold in the Unfunded Mandates energy supply, distribution, and use. SUPPLEMENTARY INFORMATION: Act. Accordingly, no further action is Today’s action would not have a Purpose of the Committee: The required under the Unfunded Mandates significant adverse effect on the supply, purpose of the Unconventional Reform Act of 1995. distribution, or use of energy and is Resources Technology Advisory Committee is to provide advice on F. Review Under the Treasury and therefore not a significant energy action. development and implementation of General Government Appropriations Accordingly, DOE has not prepared a programs related to onshore Act of 1999 Statement of Energy Effects. unconventional natural gas and other Section 654 of the Treasury and I. Review Under Executive Order 13175 resources to the Secretary of General Government Appropriations Executive Order 13175. ‘‘Consultation Energy and provide comments and Act of 1999 (Pub. L. 105–277) requires and Coordination with Indian tribal recommendations and priorities for the Federal agencies to issue a Family Governments’’ (65 FR 67249 (Nov. 9, Department of Energy Annual Plan per Policymaking Assessment for any rule 2000)), requires DOE to develop an requirements of the Energy Policy Act of that may affect family well-being. accountable process to ensure 2005, Title IX, Subtitle J, section 999. Today’s action would not have any ‘‘meaningful and timely input by tribal impact on the autonomy or integrity of officials in the development of Tentative Agenda the family as an institution. regulatory policies that have tribal 10:30 a.m. Registration.

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