[Federal Register Volume 87, Number 49 (Monday, March 14, 2022)]
[Proposed Rules]
[Pages 14186-14187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05292]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

10 CFR Part 431

[EERE-2018-BT-STD-0003]
RIN 1904-AE42


Energy Conservation Program: Energy Conservation Standards for 
Variable Refrigerant Flow Multi-Split Air Conditioners and Heat Pumps; 
Clarification

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

ACTION: Notice of proposed rulemaking and request for comment; 
clarification.

-----------------------------------------------------------------------

SUMMARY: On February 10, 2022, the U.S. Department of Energy (``DOE'' 
or ``the Department'') submitted a notice of proposed rulemaking 
(``NOPR'') to the Federal Register proposing amended energy 
conservation standards for variable refrigerant flow (``VRF'') multi-
split air conditioners and VRF multi-split heat pumps, collectively 
referred to as ``VRF multi-split systems'' (``2022 VRF NOPR''). After 
submission of the NOPR to the Office of the Federal Register for 
publication, the U.S. District Court for the Western District of 
Louisiana issued a preliminary injunction on February 11, 2022, in the 
case of State of Louisiana v. Biden, which prohibits certain actions 
relating to the monetization of benefits associated with greenhouse gas 
emissions reductions. Through this clarification document, DOE is 
clarifying its response to a public comment in the 2022 VRF NOPR so as 
to avoid any confusion or ambiguity of DOE's response in light of the 
court's preliminary injunction and to reiterate that no emissions 
analysis (or related monetization) was conducted for this proposed 
rulemaking.

DATES: This clarification goes into effect on March 14, 2022.

FOR FURTHER INFORMATION CONTACT: Ms. Catherine Rivest, U.S. Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 586-7335. Email: 
[email protected].
    Mr. Eric Stas, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 586-5827. Email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6291 
et seq.), DOE must periodically review its energy conservation 
standards for covered consumer products and certain industrial 
equipment, including VRF multi-split systems (see specifically 42 
U.S.C. 6313(a)(6)(A)-(C)). DOE initiated a review of its existing 
standards for VRF multi-split systems through a notice of data 
availability and request for information (``NODA/RFI'') published in 
the Federal Register on July 8, 2019 (``2019 VRF NODA/RFI''). 84 FR 
32328. The 2022 VRF NOPR was issued (signed) on February 9, 2022, see 
87 FR 11335, 11354 (noting the document's signature date), after which 
DOE forwarded it to the Office of the Federal Register on February 10, 
2022, for publication, and then the Office of the Federal Register 
placed it for public inspection on February 28, 2022, before ultimately 
publishing it in the Federal Register on March 1, 2022. 87 FR 11335.
    In the 2022 VRF NOPR, DOE explained that because it lacks clear and 
convincing evidence to support adoption of standard levels more 
stringent than those contained in the American Society of Heating, 
Refrigerating, and Air-Conditioning Engineers (``ASHRAE'') Standard 
90.1,\1\ the Department is proposing to adopt the ASHRAE levels, as 
required by statute. DOE concluded that it did not need to prepare an 
emissions analysis or monetization of emissions for this rulemaking in 
order to support the adoption of the ASHRAE levels.
---------------------------------------------------------------------------

    \1\ ASHRAE Standard 90.1 is titled ``Energy Standards for 
Buildings Except Low-Rise Residential Buildings.''
---------------------------------------------------------------------------

    In this NOPR, DOE also responded to a number of public comments 
submitted on the 2019 VRF NODA/RFI. One such comment was submitted by 
the Institute for Policy Integrity at New York University (``NYU'') 
School of Law (hereafter ``Policy Integrity''), in which it commented 
that DOE should monetize the full benefits of emissions reductions and 
use the global estimate

[[Page 14187]]

of the social cost of greenhouse gases (``GHG''). In responding to that 
comment, in the 2022 VRF NOPR, DOE noted generally DOE's practice to 
that point had been to use the social cost of greenhouse gases from the 
most recent update of the United States Government's Interagency 
Working Group (``IWG'') on Social Cost of Greenhouse Gases, which 
recommends global values be used for regulatory analysis, when DOE 
analyzes efficiency levels (i.e., referencing its then-current 
practice). DOE continued its response by stating: ``Because DOE is not 
conducting an economic analysis of levels more stringent than the 
ASHRAE Standard 90.1 levels in this notice, there is no corresponding 
consideration of emission reductions or the associated monetary 
benefits. As DOE is required by EPCA to adopt the levels set forth in 
ASHRAE Standard 90.1, DOE did not conduct an economic analysis or 
corresponding emissions analysis for the levels in ASHRAE Standard 
90.1-2019.'' 87 FR 11335, 11348.
    The purpose of DOE's discussion of the IWG was simply to explain in 
the context of responding to Policy Integrity's comment how, at the 
time of the signing of the 2022 VFR NOPR (namely, on February 9, 2022), 
DOE routinely analyzed emissions reductions in those circumstances 
where DOE was analyzing efficiency levels more stringent than those 
contained in ASHRAE Standard 90.1. But, as noted, DOE's 2022 VRF NOPR 
simply made clear DOE's position that because the Department is 
proposing to adopt the standard levels in ASHRAE Standard 90.1, no 
emissions analysis or related monetization of emissions was being 
performed for this proposed rulemaking. Consequently, Policy 
Integrity's comment recommending how to appropriately monetize GHG 
emissions had no direct application or other effect in this proposed 
rulemaking.
    The previous excerpt from the 2022 VRF NOPR was an accurate 
statement at the time the document was signed. After that document was 
signed and transmitted to the Federal Register, but before publication 
in the Federal Register, however, the U.S. District Court for the 
Western District of Louisiana in Louisiana v. Biden, No. 21-cv-1074-
JDC-KK (Feb. 11, 2022) issued a preliminary injunction enjoining 
Federal agencies from utilizing the social cost of greenhouse gases 
values developed by the IWG for monetization of emissions impacts. 
Since that preliminary injunction was issued, out of an abundance of 
caution, DOE has ceased using greenhouse gas emissions monetization 
across its rulemakings. To avoid confusion, DOE concludes that 
clarification of the 2022 VRF NOPR comment response may therefore be 
necessary.
    As stated in the 2022 VRF NOPR, DOE has not conducted any 
monetization of emission reduction in this rulemaking. Should 
circumstances arise in this or other rulemaking records where DOE would 
need to analyze standards more stringent than the levels in ASHRAE 
Standard 90.1, DOE acknowledges that any such analysis necessarily 
would comply with the prohibitions of the injunction issued in 
Louisiana v. Biden as long as that injunction remains in effect.
    Accordingly, DOE clarifies its comment response in the 2022 VRF 
NOPR by noting that DOE is adhering to the prohibitions in the 
preliminary injunction issued on February 11, 2022, in Louisiana v. 
Biden, and reiterates that DOE did not monetize the benefits of 
reducing greenhouse gas emissions as part of the 2022 VRF NOPR. This 
clarification does not affect any of the proposed energy conservation 
standards, related analyses, and tentative conclusions contained in the 
2022 VRF NOPR.

II. Need for Clarification

    As published, a response to a comment in the 2022 VRF NOPR may 
result in ambiguity or confusion as to DOE's compliance with the 
preliminary injunction issued on February 11, 2022, in Louisiana v. 
Biden. Because this document simply clarifies the response to a public 
comment without making any substantive changes to the proposed energy 
conservation standards or related analyses, DOE finds that there is 
good cause under 5 U.S.C. 553(b)(B) to not issue prior notice to 
solicit public comment on the changes contained in this document. 
Issuing a separate document to solicit public comment would be 
unnecessary and contrary to the public interest.

III. Procedural Issues and Regulatory Review

    DOE has concluded that the determinations made pursuant to the 
various procedural requirements applicable to the 2022 VRF NOPR remain 
unchanged for this proposed rule technical clarification. These 
determinations are set forth in the 2022 VRF NOPR. 87 FR 11335, 11349-
11352.

Signing Authority

    This document of the Department of Energy was signed on March 9, 
2022, by Kelly J. Speakes-Backman, Principal Deputy Assistant Secretary 
for Energy Efficiency and Renewable Energy, pursuant to delegated 
authority from the Secretary of Energy. That document with the original 
signature and date is maintained by DOE. For administrative purposes 
only, and in compliance with requirements of the Office of the Federal 
Register, the undersigned DOE Federal Register Liaison Officer has been 
authorized to sign and submit the document in electronic format for 
publication, as an official document of the Department of Energy. This 
administrative process in no way alters the legal effect of this 
document upon publication in the Federal Register.

    Signed in Washington, DC, on March 9, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-05292 Filed 3-11-22; 8:45 am]
BILLING CODE 6450-01-P