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

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[Federal Register: January 11, 2008 (Volume 73, Number 8)]
[Notices]
[Page 2017-2018]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ja08-36]

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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

 
 

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