[Federal Register Volume 84, Number 144 (Friday, July 26, 2019)]
[Proposed Rules]
[Pages 36037-36040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15916]
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DEPARTMENT OF ENERGY
10 CFR Parts 430 and 431
[EERE-2017-BT-STD-0062]
RIN 1904-AD38
Energy Conservation Program: Procedures, Interpretations, and
Policies for Consideration of New or Revised Energy Conservation
Standards for Consumer Products
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of data availability.
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SUMMARY: The U.S. Department of Energy (DOE) is announcing this notice
of data availability (``NODA'') regarding national energy savings
estimates in past DOE energy conservation standards rulemakings. These
data will help inform DOE's decision-making process as it considers
whether to establish a significant energy savings threshold for setting
energy conservation standards for consumer products and commercial and
industrial equipment. DOE is seeking comment on these data.
DATES: Written comments and information are requested and will be
accepted on or before August 9, 2019.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at http://www.regulations.gov. Follow
the instructions for submitting comments. Alternatively, interested
persons may submit comments, identified by docket number EERE-2017-BT-
STD-0062, by any of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
2. Email: To [email protected]. Include EERE-2017-BT-STD-0062
in the subject line of the message.
3. Postal Mail: Ms. Sofie Miller, U.S. Department of Energy, Office
of Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW,
Room 6A-013, Washington, DC 20585. If possible, please submit all items
on a compact disc (CD), in which case it is not necessary to include
printed copies.
4. Hand Delivery/Courier: Ms. Sofie Miller, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, 1000
Independence Avenue SW, Washington, DC 20585. Telephone: (202) 586-
5000. If possible, please submit all items on a CD, in which case it is
not necessary to include printed copies.
No telefacsimilies (faxes) will be accepted. For detailed
instructions on submitting comments and additional information on the
rulemaking process, see section III of this document.
Docket: The docket for this activity, which includes Federal
Register notices, comments, and other supporting documents/materials,
is available for review at http://www.regulations.gov. All documents in
the docket are listed in the http://www.regulations.gov index. However,
some documents listed in the index, such as those containing
information that is exempt from public disclosure, may not be publicly
available.
The docket web page can be found at https://www.regulations.gov/
docket?D=EERE-2017-BT-STD-0062. The docket web page contains
instructions on how to access all documents, including public comments,
in the docket. See section III (Submission of Comments) for information
on how to submit comments through http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Ms. Sofie Miller, Senior Advisor, U.S. Department of Energy, Office
of Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW,
Washington, DC 20585. Telephone: (202) 586-5000. Email:
[email protected].
Ms. Francine Pinto, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-7432. Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Site National Energy Savings From Prior DOE Rulemakings
III. Submission of Comments
I. Introduction
DOE generally uses the procedures set forth in 10 CFR part 430,
subpart C, appendix A, Procedures, Interpretations, and Policies for
Consideration of New or Revised Energy Conservation Standards for
Consumer Products (``Process Rule'') when prescribing energy
conservation standards for both consumer products and commercial/
industrial equipment pursuant to the Energy Policy and Conservation Act
of 1975 (Pub. L. 94-163, codified at 42 U.S.C. 6291, et seq.)
(``EPCA''). On February 13, 2019, DOE published a notice of proposed
rulemaking (``NOPR'') to update and
[[Page 36038]]
modernize the Process Rule (``Process Rule NOPR''). 84 FR 3910. As part
of the update, DOE is proposing to define an energy savings threshold
to satisfy the requirement in EPCA that a new or amended energy
conservation standard must result in a significant conservation of
energy. (See 42 U.S.C. 6295(o)(3)(B)) Specifically, DOE is proposing to
apply a threshold of 0.5 quad in energy savings or a 10% reduction in
energy consumption over a 30-year analysis period to satisfy this
requirement.
In proposing these thresholds, DOE took into consideration national
energy savings estimates from past energy conservation standards
rulemakings. 84 FR 3910, 3923 (Feb. 13, 2019). As a result of comments
provided at two public meetings \1\ DOE held on the proposal, DOE has
subsequently determined that the national energy savings data from the
57 energy conservation standards rulemakings mentioned in the NOPR are
a mixture of source and full-fuel-cycle energy savings. Since
publication of the Process Rule NOPR, DOE has re-examined its use of
source and full-fuel-cycle energy savings data in proposing a threshold
for significant conservation of energy in order to provide a consistent
accounting across rulemakings. Because EPCA uses a household energy
consumption metric as a threshold for setting standards for new covered
products (42 U.S.C. 6295(l)(1)), DOE believes that site energy would be
the most appropriate metric for evaluating energy savings across
rulemakings. As a result, DOE is providing national site energy savings
data from its past rulemakings for public comment as it will help
inform DOE's decision regarding whether (and how) to define a threshold
for significant energy savings.
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\1\ DOE convened public meetings to discuss the Process Rule
NOPR on March 21, 2019 and April 11, 2019.
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DOE notes that the rules reported and the data analyzed in the
information provided with this NODA are identical to those provided
with DOE's original proposal and discussed at the public meeting.
However, DOE has now restated the results of each rulemaking on a site
energy basis for the purpose of making an ``apples-to-apples''
comparison of the results of each rulemaking using the statutorily-
required measure for setting energy conservation standards. DOE is not
at this time making any determination regarding whether the use of
full-fuel-cycle energy measures are an appropriate measure of the
benefits of any prior rulemaking.
II. Site National Energy Savings From Prior DOE Rulemakings
As discussed in the Process Rule NOPR, DOE focused its analysis of
national energy savings on energy conservation standards rulemakings
conducted starting after the U.S. Court of Appeals for the District of
Columbia Circuit's decision in Natural Resources Defense Council v.
Herrington, 768 F.2d 1355 (D.C. Cir. 1985) through a final rule
establishing energy conservation standards for walk-in coolers and
freezers on July 10, 2017. 84 FR 3910, 3923 (Feb. 13, 2019). After
excluding instances where DOE set no-standard standards or adopted
standard levels from the American National Standards Institute
(``ANSI'')/American Society of Heating, Refrigerating, and Air-
Conditioning Engineers (``ASHRAE'')/Illuminating Engineering Society of
North America (``IESNA'') Standard 90.1 (``ASHRAE Standard 90.1''), DOE
set standards for covered products and equipment a total of 57 times.
These 57 rules are listed in a document available in the docket at
https://www.regulations .gov/document?D=EERE-2017-BT-STD-0062-0144.
The document lists, among others things, the analysis period for
each rule, the national site energy savings over the analysis period
(converted as necessary from source energy savings estimates \2\), and
the corresponding percentage reduction in energy use over the analysis
period. In total, the 57 rules resulted in national site energy savings
of 54.64 quads.\3\ The average national site energy savings for these
rules is 0.959 quad, while the median is 0.32 quad. The average percent
reduction in national site energy use for these rules is 13.1%, while
the median is 8.0%. Table II.1 contains the results of applying a
variety of significant energy savings thresholds to these 57 rules.
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\2\ For rules prior to 2001, the national site energy savings
were not reported. For these rules, the national site energy savings
are estimated using a single average national site-to-source energy
savings multiplier of 2.78 for electricity, 1.09 for gas, or an
average of the two for rules with mixed fuels. For all other rules,
the national site energy savings are available in the technical
support documents and/or the analytical tools.
\3\ Six of the rules listed in the table identify a range of
energy savings. For the purposes of this NODA, DOE assumes the
maximum value for the energy savings in each of these six rules.
Table II.1--Application of Various Significant Energy Savings Thresholds
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10% Reduction in 7.5% Reduction in 5% Reduction in
Significant energy No additional energy use over energy use over energy use over
savings threshold percentage threshold analysis period analysis period analysis period
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1.00 Quad............... 21 of 57 rules meet 32 of 57 rules meet 35 of 57 rules meet 41 of 57 rules meet
this threshold for this threshold for this threshold for this threshold for
significance. significance. significance. significance.
These 21 rules These 32 rules These 35 rules These 41 rules
account for 83.77% account for 90.71% account for 91.47% account for 94.77%
of the total energy of the total energy of the total energy of the total energy
savings from the 57 savings from the 57 savings from the 57 savings from the 57
rules. rules. rules. rules.
0.75 Quad............... 24 of 57 rules meet 34 of 57 rules meet 37 of 57 rules meet 42 of 57 rules meet
this threshold for this threshold for this threshold for this threshold for
significance. significance. significance. significance.
These 24 rules These 34 rules These 37 rules These 42 rules
account for 88.55% account for 93.87% account for 94.64% account for 96.29%
of the total energy of the total energy of the total energy of the total energy
savings from the 57 savings from the 57 savings from the 57 savings from the 57
rules. rules. rules. rules.
0.50 Quad............... 26 of 57 rules meet 34 of 57 rules meet 37 of 57 rules meet 42 of 57 rules meet
this threshold for this threshold for this threshold for this threshold for
significance. significance. significance. significance.
These 26 rules These 34 rules These 37 rules These 42 rules
account for 90.89% account for 93.87% account for 94.64% account for 96.29%
of the total energy of the total energy of the total energy of the total energy
savings from the 57 savings from the 57 savings from the 57 savings from the 57
rules. rules. rules. rules.
0.40 Quad............... 27 of 57 rules meet 34 of 57 rules meet 37 of 57 rules meet 42 of 57 rules meet
this threshold for this threshold for this threshold for this threshold for
significance. significance. significance. significance.
These 27 rules These 34 rules These 37 rules These 42 rules
account for 91.71% account for 93.87% account for 94.64% account for 96.29%
of the total energy of the total energy of the total energy of the total energy
savings from the 57 savings from the 57 savings from the 57 savings from the 57
rules. rules. rules. rules.
0.30 Quad............... 31 of 57 rules meet 36 of 57 rules meet 39 of 57 rules meet 43 of 57 rules meet
this threshold for this threshold for this threshold for this threshold for
significance. significance. significance. significance.
These 31 rules These 36 rules These 39 rules These 43 rules
account for 94.09% account for 95.01% account for 95.77% account for 96.84%
of the total energy of the total energy of the total energy of the total energy
savings from the 57 savings from the 57 savings from the 57 savings from the 57
rules. rules. rules. rules.
[[Page 36039]]
0.25 Quad............... 34 of 57 rules meet 38 of 57 rules meet 40 of 57 rules meet 43 of 57 rules meet
this threshold for this threshold for this threshold for this threshold for
significance. significance. significance. significance.
These 34 rules These 38 rules These 40 rules These 43 rules
account for 95.61% account for 96.07% account for 96.30% account for 96.84%
of the total energy of the total energy of the total energy of the total energy
savings from the 57 savings from the 57 savings from the 57 savings from the 57
rules. rules. rules. rules.
0.20 Quad............... 37 of 57 rules meet 41 of 57 rules meet 43 of 57 rules meet 46 of 57 rules meet
this threshold for this threshold for this threshold for this threshold for
significance. significance. significance. significance.
These 37 rules These 41 rules These 43 rules These 46 rules
account for 96.78% account for 97.24% account for 97.48% account for 98.01%
of the total energy of the total energy of the total energy of the total energy
savings from the 57 savings from the 57 savings from the 57 savings from the 57
rules. rules. rules. rules.
0.10 Quad............... 45 of 57 rules meet 49 of 57 rules meet 51 of 57 rules meet 52 of 57 rules meet
this threshold for this threshold for this threshold for this threshold for
significance. significance. significance. significance.
These 45 rules These 49 rules These 51 rules These 52 rules
account for 98.93% account for 99.39% account for 99.62% account for 99.70%
of the total energy of the total energy of the total energy of the total energy
savings from the 57 savings from the 57 savings from the 57 savings from the 57
rules. rules. rules. rules.
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DOE seeks comment on the data presented in the docket and in Table
II.1.
III. Submission of Comments
DOE invites all interested parties to submit in writing by the date
listed in the DATES section at the beginning of this document, comments
and information on matters addressed in this notice and on other
matters relevant to DOE's consideration of the data related to this
NODA. These comments and information will aid in DOE's decision with
respect to its consideration of potentially setting a threshold for
significant energy savings.
Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to http://www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through http://www.regulations.gov cannot be claimed as CBI. Comments
received through the website will waive any CBI claims for the
information submitted. For information on submitting CBI, see the
Confidential Business Information section.
DOE processes submissions made through http://www.regulations.gov
before posting. Normally, comments will be posted within a few days of
being submitted. However, if large volumes of comments are being
processed simultaneously, your comment may not be viewable for up to
several weeks. Please keep the comment tracking number that http://www.regulations.gov provides after you have successfully uploaded your
comment.
Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to http://www.regulations.gov. If you do not want your personal contact
information to be publicly viewable, do not include it in your comment
or any accompanying documents. Instead, provide your contact
information on a cover letter. Include your first and last names, email
address, telephone number, and optional mailing address. The cover
letter will not be publicly viewable as long as it does not include any
comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible, in which case it is not necessary to submit printed copies.
No telefacsimiles (faxes) will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English, and free of any defects or
viruses. Documents should not contain special characters or any form of
encryption, and, if possible, they should carry the electronic
signature of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery two well-marked copies: One copy
of the document marked ``confidential'' including all the information
believed to be confidential, and one copy of the document marked ``non-
confidential'' with the information believed to be confidential
deleted. Submit these documents via email or on a CD, if feasible. DOE
will make its own determination about the confidential status of the
information and treat it according to its determination.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include (1) a description of the
items, (2) whether and why such items are customarily treated as
confidential within the industry, (3) whether the information is
generally known by or available from other sources, (4) whether the
[[Page 36040]]
information has previously been made available to others without
obligation concerning its confidentiality, (5) an explanation of the
competitive injury to the submitting person which would result from
public disclosure, (6) when such information might lose its
confidential character due to the passage of time, and (7) why
disclosure of the information would be contrary to the public interest.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
DOE considers public participation to be a very important part of
the process for developing test procedures and energy conservation
standards. DOE actively encourages the participation and interaction of
the public during the comment period in each stage of the rulemaking
process. Interactions with and between members of the public provide a
balanced discussion of the issues and assist DOE in the rulemaking
process. Anyone who wishes to be added to the DOE mailing list to
receive future notices and information about this process should
contact Appliance and Equipment Standards Program staff at (202) 287-
1445 or via email at [email protected].
Signed in Washington, DC, on July 22, 2019.
Daniel R. Simmons,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2019-15916 Filed 7-25-19; 8:45 am]
BILLING CODE 6450-01-P