[Federal Register Volume 73, Number 8 (Friday, January 11, 2008)]
[Notices]
[Pages 2017-2018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-324]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy


Finding of No Significant Impact; Energy Efficient Performance 
Requirements for New Federal Commercial and Residential Buildings

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

ACTION: Finding of no significant impact (FONSI).

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SUMMARY: The Energy Conservation and Production Act (ECPA), 42 U.S.C. 
6831, et seq. requires the Department of Energy (DOE) to establish by 
rule building energy efficiency standards for all new Federal 
buildings. (42 U.S.C. 6834(a)(1)) Section 305 of ECPA, as amended by 
section 109 of the Energy Policy Act of 2005 (Pub. L. No. 109-58), 
mandates the development of new Federal building energy efficiency 
standards based on the American National Standards Institute (ANSI)/
American Society of Heating, Refrigerating and Air-Conditioning 
Engineers, Inc. (ASHRAE)/Illuminating Engineering Society of North 
America (IESNA) ASHRAE/IESNA Standard 90.1-2004 (ASHRAE 2004) (for 
commercial and high-rise multi-family residential buildings) and the 
International Code Council (ICC) International Energy Conservation Code 
2004 Supplement (2004 IECC) (for low-rise residential buildings). (42 
U.S.C. 6834(a)(2)) Federal buildings are required to reduce energy 
consumption by at least 30 percent, if life cycle cost-effective, over 
these baseline standards. (42 U.S.C. 6834(a)(3)(A)(i)) Based on an 
Environmental Assessment (EA), DOE/EA-1463, DOE has determined that the 
adoption of the new energy efficiency standards ``Energy Efficiency 
Standard for New Federal Commercial and High-Rise Multi-Family 
Residential Buildings'' (10 CFR Part 433) and ``Energy Efficiency 
Standard for New Federal Low-Rise Residential Buildings'' (10 CFR Part 
435) would not be a major Federal action significantly affecting the 
quality of the human environment within the meaning of the National 
Environmental Policy Act (NEPA) of 1969. Therefore, an environmental 
impact statement (EIS) is not required, and the Department is issuing 
this finding of no significant impact (FONSI).

ADDRESSES: Copies of the EA and the proposed rule are available from: 
U.S. Department of Energy, Office of the Federal Energy Management 
Program, Forrestal Building, Mail Station EE-2L, 1000 Independence 
Avenue, SW., Washington, DC 20585-0121, (202) 586-5772.

FOR FURTHER INFORMATION CONTACT: Cyrus Nasseri, Office of the Federal 
Energy Management Program (EE-2L), U.S. Department of Energy, 1000 
Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-9138.
    For Further Information Regarding the DOE NEPA Process, Contact: 
Carol Borgstrom, Director, Office of NEPA Policy and Compliance (EH-
42), 1000 Independence Avenue, SW., Washington, DC 20585-0119, (202) 
586-4600, or leave a message at (800) 472-2756.

SUPPLEMENTARY INFORMATION: 
    Description of the Proposed Action: The action is the establishment 
of revised energy efficiency requirements for new Federal commercial 
and multi-family high rise residential buildings and low-rise 
residential buildings.
    Environmental Impacts: The EA evaluates the environmental impacts 
of five alternatives to the new standards for the design and 
construction of new Federal buildings. Each alternative action is 
presented, and the energy efficiency requirements (and hence the 
environmental impacts) of each alternative are compared to what would 
be expected to happen if no new standard were adopted, i.e., the ``no 
action'' alternative. In this EA, the ``no action'' alternative is the 
standard level under the required efficiency levels of the standards 
prior to amendment. The EA also examined the projected effects of 
standard levels mandated under section 305 of ECPA without any 
additional improvement in energy efficiency, i.e., the level of energy 
efficiency achieved under ANSI/ASHRAE/IESNA Standard 90.1-2004 (for 
commercial and high-rise multi-family residential buildings) or the 
2004 IECC (for low-rise residential buildings). Levels of 10 percent, 
20 percent, 30 percent, 40 percent and 50 percent energy savings over 
the minimum requirements are examined as alternatives that might be 
achieved by agencies attempting to meet the ``at least 30 percent 
savings, if life-cycle cost-effective'' provision of the requirements.
    The EA also examines the environmental impacts of the final rule on 
building habitability (indoor environment, focusing on possible 
alterations to indoor air quality) and the outdoor environment 
(emissions of criteria pollutants and greenhouse gases). The EA finds 
that implementation of the final rule would

[[Page 2018]]

not impact building habitability (indoor air) as no change to 
mechanical ventilation rates or building envelope that would affect 
indoor air quality are being made. The EA also finds that 
implementation of this rule would not adversely affect minority or low-
income populations, nor is the rule expected to impact wetlands, 
endangered species, or historic or archaeological sites.
    The purpose of the final rule is to improve energy efficiency. The 
main environmental impact of the final rule is a reduction in emissions 
to the outdoor air from fossil-fueled electricity generation. The 
alternatives are projected to result in decreased electricity use and, 
therefore, a reduction in power plant emissions. The environmental 
analysis focuses on two criteria pollutants, nitrogen oxides 
(NOX) and sulfur dioxide (SO2), and one 
additional emission, carbon.
    For commercial and high-rise multi-family residential buildings, at 
the 30 percent reduction level, carbon dioxide emissions are estimated 
to be reduced by 38,500 metric tons of carbon in the first year the 
rule is in effect, with the savings compounding in future years as more 
Federal construction occurs. Nitrogen oxides and sulfur dioxide 
emissions are estimated to be reduced by 317 and 625 tons, 
respectively, in the first year the rule is in effect.
    For low-rise residential buildings, at the 30 percent reduction 
level, carbon dioxide emissions are estimated to be reduced by 763 
metric tons of carbon in the first year the rule is in effect, with the 
savings compounding in future years as more Federal construction 
occurs. Nitrogen oxides and sulfur dioxide emissions are estimated be 
reduced by about 4 tons each in the first year the rule is in effect.
    The EA was originally developed based on an interim final rule 
published on December 3, 2006. DOE received 20 comments on the interim 
final rule and made minor changes and clarifications in the Final Rule 
to address these comments. None of the changes or clarifications would 
lead to any change to the findings of the EA for the interim final 
rule. The EA was posted on the DOE Web site at (http://www1.eere.energy.gov/femp/pdfs/doe_ea1463.pdf) and received no 
comments. Therefore, DOE is issuing the EA developed for the interim 
final rule in support of the final rule.
    Determination: Based upon the EA, DOE has determined that the 
adoption of the new building energy standards (10 CFR part 433 and 10 
CFR part 435 subpart A) would not constitute a major Federal action 
significantly affecting the quality of the human environment, within 
the meaning of NEPA. Therefore, an EIS is not required.

    Issued in Washington, DC, on November 1, 2007.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
 [FR Doc. E8-324 Filed 1-10-08; 8:45 am]
BILLING CODE 6450-01-P