83_FR_8502 83 FR 8463 - Final Determination Regarding Energy Efficiency Improvements in ANSI/ASHRAE/IES Standard 90.1-2016: Energy Standard for Buildings, Except Low-Rise Residential Buildings

83 FR 8463 - Final Determination Regarding Energy Efficiency Improvements in ANSI/ASHRAE/IES Standard 90.1-2016: Energy Standard for Buildings, Except Low-Rise Residential Buildings

DEPARTMENT OF ENERGY

Federal Register Volume 83, Issue 39 (February 27, 2018)

Page Range8463-8465
FR Document2018-03931

After receiving and reviewing public comments, the U.S. Department of Energy (DOE) issues this Order finalizing DOE's determination that the 2016 edition of the ANSI/ASHRAE/IES Standard 90.1: Energy Standard for Buildings, Except Low-Rise Residential Buildings improves overall energy efficiency in buildings subject to the code compared to the 2013 edition of Standard 90.1.

Federal Register, Volume 83 Issue 39 (Tuesday, February 27, 2018)
[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)]
[Notices]
[Pages 8463-8465]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03931]


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DEPARTMENT OF ENERGY

[EERE-2017-BT-DET-0046]


Final Determination Regarding Energy Efficiency Improvements in 
ANSI/ASHRAE/IES Standard 90.1-2016: Energy Standard for Buildings, 
Except Low-Rise Residential Buildings

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

ACTION: Notice of order.

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

SUMMARY: After receiving and reviewing public comments, the U.S. 
Department of Energy (DOE) issues this Order finalizing DOE's 
determination that the 2016 edition of the ANSI/ASHRAE/IES Standard 
90.1: Energy Standard for Buildings, Except Low-Rise Residential 
Buildings improves overall energy efficiency in buildings subject to 
the code compared to the 2013 edition of Standard 90.1.

DATES: This Order applies as of February 27, 2018.

ADDRESSES: A copy of the final analysis is available at https://www.energycodes.gov/development/determinations.

FOR FURTHER INFORMATION CONTACT: Jeremiah Williams; U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, 1000 
Independence Avenue SW, EE-5B, Washington, DC 20585; (202) 441-1288; 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Title III of the Energy Conservation and Production Act, as amended 
(ECPA), establishes requirements for building energy conservation 
standards, administered by the DOE Building Energy Codes Program. (42 
U.S.C. 6831 et seq.) Section 304(b), of ECPA, as amended, provides that 
whenever the ANSI/ASHRAE/IESNA Standard 90.1-1989 (Standard 90.1-1989 
or 1989 edition), or any successor to that code, is revised, the 
Secretary of Energy (Secretary) must make a determination, not later 
than 12 months after such revision, whether the revised code would 
improve energy efficiency in commercial buildings required to meet the 
standard, and must publish notice of such determination in the Federal 
Register. (42 U.S.C. 6833(b)(2)(A)) If the Secretary makes an 
affirmative determination, within two years of the publication of the 
determination, each State is required to certify that it has reviewed 
and updated the provisions of its commercial building code regarding 
energy efficiency with respect to the revised or successor code and 
include in its certification a demonstration that the provisions of its 
commercial building code, regarding energy efficiency, meet or exceed 
the revised Standard. (42 U.S.C. 6833(b)(2)(B)(i))
    Standard 90.1-2016, the most recent edition, was published by 
ASHRAE in October 2016, triggering the statutorily-required DOE review 
process. The Standard is developed under ANSI-approved consensus 
procedures, and is under continuous maintenance by an ASHRAE Standing 
Standard Project Committee (commonly referenced as SSPC 90.1). ASHRAE 
has an established program for regular publication of addenda, or 
revisions, including procedures for timely, documented, consensus 
action on requested changes to the Standard. More information on the 
consensus process and ANSI/ASHRAE/IES Standard 90.1-2016 is available 
at: https://www.ashrae.org/resources-publications/bookstore/standard-90-1.
    To meet the statutory requirement, DOE conducted a preliminary 
analysis to quantify the expected energy savings associated with 
Standard 90.1-2016 relative to the previous 2013 version. The 
preliminary analysis is available at: https://www.regulations.gov/document?D=EERE-2014-BT-DET-0009-0001.

[[Page 8464]]

    Standard 90.1-2016 includes several paths for compliance in order 
to provide flexibility to users of the Standard. The prescriptive path, 
which is widely considered the most traditional, establishes criteria 
for energy-related characteristics of individual building components 
such as minimum insulation levels, maximum lighting power, and controls 
for lighting and HVAC&R systems. Some of those requirements are 
considered ``mandatory'', meaning that they must be met even when one 
of the other optional paths are utilized (e.g., performance path). 
These other optional paths are further described below.
    In addition to the prescriptive path, Standard 90.1 includes two 
optional whole building performance paths. The first, known as the 
Energy Cost Budget (ECB) method, provides flexibility in allowing a 
designer to ``trade-off'' compliance. This effectively allows a 
designer to not meet a given prescriptive requirement if the impact on 
energy cost is offset by exceeding other prescriptive requirements, as 
demonstrated through established energy modeling protocols. A building 
is deemed in compliance when the annual energy cost of the proposed 
design is no greater than the annual energy cost of the reference 
building design (baseline). In addition, Standard 90.1-2016 includes a 
second performance approach, Appendix G, the Performance Rating Method. 
In previous editions of Standard 90.1 (i.e., prior to the current 2016 
edition), Appendix G has been used to rate the performance of buildings 
that exceed the requirements of Standard 90.1 for ``beyond code'' 
programs, including the LEED Rating System, ASHRAE Standard 189.1, the 
International Green Construction Code (IgCC), and other above-code 
programs. Beginning with the 2016 edition of Standard 90.1, Appendix G 
also adds the capability to demonstrate minimum energy code compliance.

II. Public Participation and Error Correction

    In a July 25, 2017, Federal Register notice, DOE requested public 
comments on the preliminary analysis. (82 FR 34513) DOE received four 
public comments, all of which DOE considered (see Appendix A to this 
Order.). In addition, a DOE review of the simulation analysis 
identified a mistake in how much outdoor ventilation air was being 
introduced in two prototypes. Correction of this mistake resulted in 
savings increasing from .6% to 4.9% in Large Office and an increase of 
less than 1% in Mid-rise Apartment. Overall savings from the standard 
increased from 6.7% to 6.8%. These corrections were incorporated into 
the final analysis document but did not impact the determination 
ruling. DOE has now issued the final analysis of the expected energy 
savings associated with Standard 90.1-2016 as compared to Standard 
90.1-2013. The final analysis is available at: https://www.energycodes.gov/development/determinations.

III. Order

    Based on the requirements of Section 304(b) of ECPA, as amended, 
and DOE's final analysis prepared after consideration of comments on 
the preliminary analysis and correction of the simulation analysis 
describe above, I have determined that the 2016 edition of the ANSI/
ASHRAE/IES Standard 90.1: Energy Standard for Buildings, Except Low-
Rise Residential Buildings would improve overall energy efficiency in 
buildings subject to the code compared to the 2013 edition of Standard 
90.1.

    Issued in Washington, DC, on February 15, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Appendix A

    DOE received comments on the preliminary analysis from the 
American Chemistry Council (ACC) Plastics Division, the ACC Foam 
Sheathing Committee, the Responsible Energy Codes Alliance (RECA), 
and the Edison Electric Institute (EEI). The comments are summarized 
below and are available at: https://www.regulations.gov/docket?D=EERE-2014-BT-DET-0009.

Addenda Scope

    Comment: The ACC Plastics Division commented that DOE's analysis 
is too conservative because it fails to consider the impact of 
addenda only affecting existing buildings. ACC's Foam Sheathing 
Committee expressed the same concern. ACC recommended that DOE 
analyze provisions affecting existing buildings for consistency with 
statutory requirements and to provide critical guidance to states.
    DOE response: DOE notes that only one addendum (addendum e) in 
the prescriptive and mandatory requirements was applicable to 
existing buildings only and, therefore, was excluded from the 
quantitative analysis. In addition, this addendum was determined to 
decrease energy use through the qualitative analysis, which was 
presented in the preliminary determination. The majority of addenda 
apply to new buildings and the impact of these addenda was captured 
in the analysis. The goal of the determination is to evaluate 
whether the latest edition of Standard 90.1 improves energy 
efficiency of buildings relative to the previous edition, and DOE 
believes that the current methodology is sufficient to make such a 
determination.
    Comment: The Responsible Energy Codes Alliance (RECA) 
recommended that the magnitude of the impact of requirements for 
existing buildings in the Standard taken as a whole should be 
evaluated.
    DOE response: The impact of individual addenda impacting 
existing buildings are considered as part of DOE's qualitative 
analysis. However, baseline conditions for existing building can 
vary significantly depending upon a wide variety of factors, 
including the age of the building, baseline systems and components, 
and past renovations. While these requirements are part of the 
Standard and do impact energy efficiency in commercial buildings, 
they cannot be adequately represented by the quantitative analysis.

Analyzing Compliance Paths

    Comment: The ACC Plastics Division stated that DOE's analysis is 
too conservative because it fails to consider the impact of addenda 
affecting the performance paths for compliance in Standard 90.1.
    DOE response: DOE notes that evaluating the prescriptive and 
mandatory requirements effectively captures the impact of all 
compliance paths within Standard 90.1-2016. The performance paths 
within Standard 90.1-2016 are intended to provide equivalent 
performance to the prescriptive path. As the energy efficiency 
stringency of the prescriptive path is increased, the performance 
path rules and targets are changed to mirror that increase. Using 
the prescriptive and mandatory requirements therefore effectively 
represents changes to the entire standard. Additionally, the purpose 
of the performance paths is to give designers and builders 
flexibility by allowing an almost unlimited number of trade-off 
combinations which will comply with the Standard. Analytically, it 
is not practical or possible to model all of these design 
combinations.
    Comment: RECA also recommended that DOE make a separate 
determination for each of the compliance paths in Standard 90.1: 
Prescriptive path, Energy Cost Budget, and performance path.
    DOE response: DOE believes that evaluating the prescriptive and 
mandatory requirements effectively captures the impact of all 
compliance paths within Standard 90.1-2016 and is satisfactory for 
the purpose of determining whether the new edition of Standard 90.1 
will save energy in commercial buildings relative to the previous 
edition. The performance paths within Standard 90.1-2016 are 
intended to provide equivalent performance to the prescriptive path. 
As the energy efficiency stringency of the prescriptive path is 
increased, the performance path rules and targets are changed to 
mirror that increase. Thus evaluating the performance paths 
separately, even in simplified form, would provide no additional 
information. The performance paths provide designers and builders 
flexibility by allowing trade-offs between prescriptive requirements 
and makes the Standard easier to comply with--a benefit for states 
looking to adopt the new Standard.

[[Page 8465]]

Site vs. Source Energy

    Comment: EEI's first comment on this topic was that DOE should 
only use site energy and energy cost results in its determination 
and that source energy results should not be used.
    DOE response: DOE notes that EEI submitted a similar comment on 
the Notice of Preliminary Determination for Standards 90.1-2010 and 
2013. DOE continues to believe that source energy estimates are of 
interest to many stakeholders and are important to the discussion of 
global resources and environmental issues. However, DOE realizes 
that site energy is the energy that typically appears on utility 
bills and that is seen by the consumer, and that energy cost (as 
shown on energy bills) is a metric also important to many consumers. 
It is for these reasons that DOE provides all three metrics--site 
energy, source energy, and energy cost--in its determinations.
    Comment: EEI also stated that the value associated with source 
energy for electricity overstates losses and does not appropriately 
characterize the significant improvements in the overall efficiency 
of the electricity sector because: (1) DOE considered only 
commercial customers; (2) the U.S. Energy Information Administration 
(EIA) fossil fuel heat rate assigned to renewable energy is too 
high; (3) estimates of primary energy values should look forward not 
backward; and (4) estimates of primary energy values should account 
for regional differences in electricity generation and renewable 
portfolio standards.
    DOE response: DOE notes that EEI submitted a similar comment on 
the Notice of Preliminary Determination for Standards 90.1-2010 and 
2013. DOE continues to believe that its use of EIA data, conversion 
factors, and treatment of renewable energy is appropriate and 
remains consistent with past determinations and DOE's Appliance and 
Equipment Standards Program (AESP) analyses. While it is true that 
the site-to-source conversion factor used in this analysis is 
derived from EIA data for commercial sector energy use, analyzing 
the data from all sectors results in the same conversion factor. The 
determination methodology does not calculate the future impact of 
the new Standard, and thus DOE believes that using conversion 
factors from the year of publication of the Standard is appropriate. 
DOE notes that it makes analyses available for states on the future 
impact of energy codes, which are beneficial for determining the 
long-term benefits of new code adoption. Finally, the use of the 
conversion factor from 2016 in this analysis also mitigates the 
impact of using the fossil fuel equivalency approach to determine 
the conversion factor for electricity because the proportion of 
renewable sources in the overall fuel mix was very small in 2016.

[FR Doc. 2018-03931 Filed 2-26-18; 8:45 am]
 BILLING CODE 6450-01-P



                                                                           Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Notices                                            8463

                                               ADDRESSES:    To access and review all the                 Respondents/Affected Public: State,                Avenue SW, EE–5B, Washington, DC
                                               documents related to the information                    Local, and Tribal Governments.                        20585; (202) 441–1288;
                                               collection listed in this notice, please                   Total Estimated Number of Annual                   Jeremiah.Williams@ee.doe.gov.
                                               use http://www.regulations.gov by                       Responses: 420.                                       SUPPLEMENTARY INFORMATION:
                                               searching the Docket ID number ED–                         Total Estimated Number of Annual
                                               2017–ICCD–0159. Comments submitted                      Burden Hours: 16,800.                                 I. Background
                                               in response to this notice should be                       Abstract: Each year since 1982, the                   Title III of the Energy Conservation
                                               submitted electronically through the                    U.S. Department of Education’s National               and Production Act, as amended
                                               Federal eRulemaking Portal at http://                   Blue Ribbon Schools Program has                       (ECPA), establishes requirements for
                                               www.regulations.gov by selecting the                    sought out and celebrated great                       building energy conservation standards,
                                               Docket ID number or via postal mail,                    American schools; schools that are                    administered by the DOE Building
                                               commercial delivery, or hand delivery.                  demonstrating that all students can                   Energy Codes Program. (42 U.S.C. 6831
                                               Please note that comments submitted by                  achieve to high levels. The purpose of                et seq.) Section 304(b), of ECPA, as
                                               fax or email and those submitted after                  the Program is to honor public and                    amended, provides that whenever the
                                               the comment period will not be                          private elementary, middle and high                   ANSI/ASHRAE/IESNA Standard 90.1–
                                               accepted. Written requests for                          schools based on their overall academic               1989 (Standard 90.1–1989 or 1989
                                               information or comments submitted by                    excellence or their progress in closing               edition), or any successor to that code,
                                               postal mail or delivery should be                       achievement gaps among different                      is revised, the Secretary of Energy
                                               addressed to the Director of the                        groups of students. The Program is part               (Secretary) must make a determination,
                                               Information Collection Clearance                        of a larger U.S. Department of Education              not later than 12 months after such
                                               Division, U.S. Department of Education,                 effort to identify and disseminate                    revision, whether the revised code
                                               400 Maryland Avenue SW, LBJ, Room                       knowledge about best school leadership                would improve energy efficiency in
                                               216–32, Washington, DC 20202–4537.                      and teaching practices.                               commercial buildings required to meet
                                               FOR FURTHER INFORMATION CONTACT: For                      Dated: February 22, 2018.                           the standard, and must publish notice of
                                               specific questions related to collection                Stephanie Valentine,                                  such determination in the Federal
                                               activities, please contact Aba Kumi,                    Acting Director, Information Collection               Register. (42 U.S.C. 6833(b)(2)(A)) If the
                                               202–401–1767.                                           Clearance Division, Office of the Chief Privacy       Secretary makes an affirmative
                                               SUPPLEMENTARY INFORMATION: The                          Officer, Office of Management.                        determination, within two years of the
                                               Department of Education (ED), in                        [FR Doc. 2018–03914 Filed 2–26–18; 8:45 am]           publication of the determination, each
                                               accordance with the Paperwork                           BILLING CODE 4000–01–P
                                                                                                                                                             State is required to certify that it has
                                               Reduction Act of 1995 (PRA) (44 U.S.C.                                                                        reviewed and updated the provisions of
                                               3506(c)(2)(A)), provides the general                                                                          its commercial building code regarding
                                               public and Federal agencies with an                                                                           energy efficiency with respect to the
                                                                                                       DEPARTMENT OF ENERGY
                                               opportunity to comment on proposed,                                                                           revised or successor code and include in
                                               revised, and continuing collections of                  [EERE–2017–BT–DET–0046]                               its certification a demonstration that the
                                               information. This helps the Department                                                                        provisions of its commercial building
                                               assess the impact of its information                    Final Determination Regarding Energy                  code, regarding energy efficiency, meet
                                               collection requirements and minimize                    Efficiency Improvements in ANSI/                      or exceed the revised Standard. (42
                                               the public’s reporting burden. It also                  ASHRAE/IES Standard 90.1–2016:                        U.S.C. 6833(b)(2)(B)(i))
                                               helps the public understand the                         Energy Standard for Buildings, Except                    Standard 90.1–2016, the most recent
                                               Department’s information collection                     Low-Rise Residential Buildings                        edition, was published by ASHRAE in
                                               requirements and provide the requested                  AGENCY: Office of Energy Efficiency and               October 2016, triggering the statutorily-
                                               data in the desired format. ED is                       Renewable Energy, Department of                       required DOE review process. The
                                               soliciting comments on the proposed                     Energy.                                               Standard is developed under ANSI-
                                               information collection request (ICR) that                                                                     approved consensus procedures, and is
                                                                                                       ACTION: Notice of order.
                                               is described below. The Department of                                                                         under continuous maintenance by an
                                               Education is especially interested in                   SUMMARY:   After receiving and reviewing              ASHRAE Standing Standard Project
                                               public comment addressing the                           public comments, the U.S. Department                  Committee (commonly referenced as
                                               following issues: (1) Is this collection                of Energy (DOE) issues this Order                     SSPC 90.1). ASHRAE has an established
                                               necessary to the proper functions of the                finalizing DOE’s determination that the               program for regular publication of
                                               Department; (2) will this information be                2016 edition of the ANSI/ASHRAE/IES                   addenda, or revisions, including
                                               processed and used in a timely manner;                  Standard 90.1: Energy Standard for                    procedures for timely, documented,
                                               (3) is the estimate of burden accurate;                 Buildings, Except Low-Rise Residential                consensus action on requested changes
                                               (4) how might the Department enhance                    Buildings improves overall energy                     to the Standard. More information on
                                               the quality, utility, and clarity of the                efficiency in buildings subject to the                the consensus process and ANSI/
                                               information to be collected; and (5) how                code compared to the 2013 edition of                  ASHRAE/IES Standard 90.1–2016 is
                                               might the Department minimize the                       Standard 90.1.                                        available at: https://www.ashrae.org/
                                               burden of this collection on the                        DATES: This Order applies as of
                                                                                                                                                             resources-publications/bookstore/
                                               respondents, including through the use                  February 27, 2018.                                    standard-90-1.
                                               of information technology. Please note                                                                           To meet the statutory requirement,
                                                                                                       ADDRESSES: A copy of the final analysis
                                               that written comments received in                                                                             DOE conducted a preliminary analysis
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       is available at https://                              to quantify the expected energy savings
                                               response to this notice will be
                                                                                                       www.energycodes.gov/development/                      associated with Standard 90.1–2016
                                               considered public records.
                                                                                                       determinations.                                       relative to the previous 2013 version.
                                                  Title of Collection: National Blue
                                               Ribbon Schools Program.                                 FOR FURTHER INFORMATION CONTACT:                      The preliminary analysis is available at:
                                                  OMB Control Number: 1860–0506.                       Jeremiah Williams; U.S. Department of                 https://www.regulations.gov/
                                                  Type of Review: An extension of an                   Energy, Office of Energy Efficiency and               document?D=EERE-2014-BT-DET-0009-
                                               existing information collection.                        Renewable Energy, 1000 Independence                   0001.


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                                               8464                        Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Notices

                                                  Standard 90.1–2016 includes several                  from 6.7% to 6.8%. These corrections                  methodology is sufficient to make such a
                                               paths for compliance in order to provide                were incorporated into the final analysis             determination.
                                               flexibility to users of the Standard. The               document but did not impact the                          Comment: The Responsible Energy Codes
                                               prescriptive path, which is widely                      determination ruling. DOE has now                     Alliance (RECA) recommended that the
                                               considered the most traditional,                                                                              magnitude of the impact of requirements for
                                                                                                       issued the final analysis of the expected
                                                                                                                                                             existing buildings in the Standard taken as a
                                               establishes criteria for energy-related                 energy savings associated with Standard               whole should be evaluated.
                                               characteristics of individual building                  90.1–2016 as compared to Standard                        DOE response: The impact of individual
                                               components such as minimum                              90.1–2013. The final analysis is                      addenda impacting existing buildings are
                                               insulation levels, maximum lighting                     available at: https://                                considered as part of DOE’s qualitative
                                               power, and controls for lighting and                    www.energycodes.gov/development/                      analysis. However, baseline conditions for
                                               HVAC&R systems. Some of those                           determinations.                                       existing building can vary significantly
                                               requirements are considered                                                                                   depending upon a wide variety of factors,
                                               ‘‘mandatory’’, meaning that they must                   III. Order                                            including the age of the building, baseline
                                               be met even when one of the other                          Based on the requirements of Section               systems and components, and past
                                               optional paths are utilized (e.g.,                      304(b) of ECPA, as amended, and DOE’s                 renovations. While these requirements are
                                               performance path). These other optional                 final analysis prepared after                         part of the Standard and do impact energy
                                                                                                       consideration of comments on the                      efficiency in commercial buildings, they
                                               paths are further described below.
                                                                                                                                                             cannot be adequately represented by the
                                                  In addition to the prescriptive path,                preliminary analysis and correction of                quantitative analysis.
                                               Standard 90.1 includes two optional                     the simulation analysis describe above,
                                               whole building performance paths. The                   I have determined that the 2016 edition               Analyzing Compliance Paths
                                               first, known as the Energy Cost Budget                  of the ANSI/ASHRAE/IES Standard                          Comment: The ACC Plastics Division
                                               (ECB) method, provides flexibility in                   90.1: Energy Standard for Buildings,                  stated that DOE’s analysis is too conservative
                                               allowing a designer to ‘‘trade-off’’                    Except Low-Rise Residential Buildings                 because it fails to consider the impact of
                                               compliance. This effectively allows a                   would improve overall energy efficiency               addenda affecting the performance paths for
                                               designer to not meet a given prescriptive               in buildings subject to the code                      compliance in Standard 90.1.
                                               requirement if the impact on energy cost                compared to the 2013 edition of                          DOE response: DOE notes that evaluating
                                               is offset by exceeding other prescriptive                                                                     the prescriptive and mandatory requirements
                                                                                                       Standard 90.1.                                        effectively captures the impact of all
                                               requirements, as demonstrated through                     Issued in Washington, DC, on February 15,           compliance paths within Standard 90.1–
                                               established energy modeling protocols.                  2018.                                                 2016. The performance paths within
                                               A building is deemed in compliance                      Kathleen B. Hogan,                                    Standard 90.1–2016 are intended to provide
                                               when the annual energy cost of the                                                                            equivalent performance to the prescriptive
                                                                                                       Deputy Assistant Secretary for Energy
                                               proposed design is no greater than the                  Efficiency, Energy Efficiency and Renewable           path. As the energy efficiency stringency of
                                               annual energy cost of the reference                     Energy.                                               the prescriptive path is increased, the
                                               building design (baseline). In addition,                                                                      performance path rules and targets are
                                               Standard 90.1–2016 includes a second                    Appendix A                                            changed to mirror that increase. Using the
                                               performance approach, Appendix G, the                                                                         prescriptive and mandatory requirements
                                               Performance Rating Method. In previous                    DOE received comments on the                        therefore effectively represents changes to the
                                                                                                       preliminary analysis from the American                entire standard. Additionally, the purpose of
                                               editions of Standard 90.1 (i.e., prior to
                                                                                                       Chemistry Council (ACC) Plastics Division,            the performance paths is to give designers
                                               the current 2016 edition), Appendix G                   the ACC Foam Sheathing Committee, the                 and builders flexibility by allowing an almost
                                               has been used to rate the performance                   Responsible Energy Codes Alliance (RECA),             unlimited number of trade-off combinations
                                               of buildings that exceed the                            and the Edison Electric Institute (EEI). The          which will comply with the Standard.
                                               requirements of Standard 90.1 for                       comments are summarized below and are                 Analytically, it is not practical or possible to
                                               ‘‘beyond code’’ programs, including the                 available at: https://www.regulations.gov/            model all of these design combinations.
                                               LEED Rating System, ASHRAE Standard                     docket?D=EERE-2014-BT-DET-0009.                          Comment: RECA also recommended that
                                               189.1, the International Green                          Addenda Scope                                         DOE make a separate determination for each
                                               Construction Code (IgCC), and other                                                                           of the compliance paths in Standard 90.1:
                                                                                                          Comment: The ACC Plastics Division                 Prescriptive path, Energy Cost Budget, and
                                               above-code programs. Beginning with                     commented that DOE’s analysis is too
                                               the 2016 edition of Standard 90.1,                                                                            performance path.
                                                                                                       conservative because it fails to consider the
                                               Appendix G also adds the capability to                                                                           DOE response: DOE believes that
                                                                                                       impact of addenda only affecting existing
                                               demonstrate minimum energy code                                                                               evaluating the prescriptive and mandatory
                                                                                                       buildings. ACC’s Foam Sheathing Committee
                                                                                                                                                             requirements effectively captures the impact
                                               compliance.                                             expressed the same concern. ACC
                                                                                                                                                             of all compliance paths within Standard
                                                                                                       recommended that DOE analyze provisions
                                               II. Public Participation and Error                      affecting existing buildings for consistency          90.1–2016 and is satisfactory for the purpose
                                               Correction                                              with statutory requirements and to provide            of determining whether the new edition of
                                                                                                       critical guidance to states.                          Standard 90.1 will save energy in commercial
                                                  In a July 25, 2017, Federal Register                                                                       buildings relative to the previous edition.
                                               notice, DOE requested public comments                      DOE response: DOE notes that only one
                                                                                                       addendum (addendum e) in the prescriptive             The performance paths within Standard
                                               on the preliminary analysis. (82 FR                     and mandatory requirements was applicable             90.1–2016 are intended to provide equivalent
                                               34513) DOE received four public                         to existing buildings only and, therefore, was        performance to the prescriptive path. As the
                                               comments, all of which DOE considered                   excluded from the quantitative analysis. In           energy efficiency stringency of the
                                               (see Appendix A to this Order.). In                     addition, this addendum was determined to             prescriptive path is increased, the
                                               addition, a DOE review of the                           decrease energy use through the qualitative           performance path rules and targets are
                                               simulation analysis identified a mistake                analysis, which was presented in the                  changed to mirror that increase. Thus
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       preliminary determination. The majority of            evaluating the performance paths separately,
                                               in how much outdoor ventilation air
                                                                                                       addenda apply to new buildings and the                even in simplified form, would provide no
                                               was being introduced in two prototypes.                                                                       additional information. The performance
                                                                                                       impact of these addenda was captured in the
                                               Correction of this mistake resulted in                  analysis. The goal of the determination is to         paths provide designers and builders
                                               savings increasing from .6% to 4.9% in                  evaluate whether the latest edition of                flexibility by allowing trade-offs between
                                               Large Office and an increase of less than               Standard 90.1 improves energy efficiency of           prescriptive requirements and makes the
                                               1% in Mid-rise Apartment. Overall                       buildings relative to the previous edition,           Standard easier to comply with—a benefit for
                                               savings from the standard increased                     and DOE believes that the current                     states looking to adopt the new Standard.



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                                                                           Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Notices                                                  8465

                                               Site vs. Source Energy                                  DEPARTMENT OF ENERGY                                  require that the necessary
                                                  Comment: EEI’s first comment on this topic                                                                 determinations be made after public
                                               was that DOE should only use site energy                National Energy Technology                            notice and opportunity for filing written
                                               and energy cost results in its determination            Laboratory                                            comments and objections.
                                               and that source energy results should not be                                                                     PQ Corporation, has applied for a
                                               used.
                                                                                                       Notice of Intent To Grant a Partially                 partially exclusive license to practice
                                                  DOE response: DOE notes that EEI                     Exclusive License                                     the invention and has a plan for
                                               submitted a similar comment on the Notice               AGENCY:   National Energy Technology                  commercialization of the invention.
                                               of Preliminary Determination for Standards              Laboratory, Department of Energy.                     DOE intends to grant the license, upon
                                               90.1–2010 and 2013. DOE continues to                                                                          a final determination in accordance
                                                                                                       ACTION: Notice of intent to grant a
                                               believe that source energy estimates are of                                                                   with 35 U.S.C. 209(c), unless within 15
                                                                                                       partially exclusive license.
                                               interest to many stakeholders and are                                                                         days of publication of this notice,
                                               important to the discussion of global                   SUMMARY:   The National Energy                        NETL’s Technology Transfer Program
                                               resources and environmental issues.                     Technology Laboratory (NETL) hereby                   Manager (contact information listed)
                                               However, DOE realizes that site energy is the           gives notice that the Department of                   receives in writing any of the following,
                                               energy that typically appears on utility bills          Energy (DOE) intends to grant a partially             together with supporting documents:
                                               and that is seen by the consumer, and that              exclusive license to practice the                        (i) A statement from any person
                                               energy cost (as shown on energy bills) is a             invention described and claimed in U.S.               setting forth reasons why it would not
                                               metric also important to many consumers. It             Patent Application Number 15/782,315                  be in the best interest of the United
                                               is for these reasons that DOE provides all              and International Patent Application                  States to grant the proposed license; or
                                               three metrics—site energy, source energy,               Number PCT/US2017/056421, ‘‘Stable                       (ii) An application for a nonexclusive
                                               and energy cost—in its determinations.                                                                        license to the invention, in which
                                                                                                       Immobilized Amine Sorbents for REE
                                                  Comment: EEI also stated that the value                                                                    applicant states that it already has
                                                                                                       and Heavy Metal Recovery from Liquid
                                               associated with source energy for electricity                                                                 brought the invention to practical
                                                                                                       Sources’’ to PQ Corporation, having its
                                               overstates losses and does not appropriately                                                                  application or is likely to bring the
                                                                                                       principal place of business in Malvern,
                                               characterize the significant improvements in                                                                  invention to practical application
                                                                                                       Pennsylvania. The invention is owned
                                               the overall efficiency of the electricity sector                                                              expeditiously.
                                                                                                       by the United States of America, as
                                               because: (1) DOE considered only                                                                                 The proposed license would be
                                               commercial customers; (2) the U.S. Energy
                                                                                                       represented by DOE.
                                                                                                                                                             partially exclusive, subject to a license
                                               Information Administration (EIA) fossil fuel            DATES: Written comments, objections, or
                                                                                                                                                             and other rights retained by the United
                                               heat rate assigned to renewable energy is too           nonexclusive license applications must
                                                                                                                                                             States, and subject to a negotiated
                                               high; (3) estimates of primary energy values            be received at the ADDRESS listed no
                                                                                                                                                             royalty. The exclusive fields of use are:
                                               should look forward not backward; and (4)               later than March 14, 2018. Objections
                                                                                                                                                             removal of rare earth elements from
                                               estimates of primary energy values should               submitted in response to this notice will
                                                                                                                                                             liquids, coal tailings, fly ash and acid
                                               account for regional differences in electricity         not be made available to the public for
                                                                                                                                                             mine drainage; removal of heavy metals,
                                               generation and renewable portfolio                      inspection and, to the extent permitted
                                                                                                                                                             such as copper, lead and arsenic from
                                               standards.                                              by law, will not be released under the
                                                                                                                                                             liquids; and removal of barium and
                                                  DOE response: DOE notes that EEI                     Freedom of Information Act, 5 U.S.C.
                                                                                                                                                             strontium from liquids. DOE will review
                                               submitted a similar comment on the Notice               552.
                                                                                                                                                             all timely written responses to this
                                               of Preliminary Determination for Standards              ADDRESSES:    Comments, applications for              notice, and will grant the license if, after
                                               90.1–2010 and 2013. DOE continues to                    nonexclusive licenses, or objections                  expiration of the 15-day notice period,
                                               believe that its use of EIA data, conversion
                                                                                                       relating to the prospective partially                 and after consideration of any written
                                               factors, and treatment of renewable energy is
                                                                                                       exclusive license should be submitted to              responses to this notice, a determination
                                               appropriate and remains consistent with past
                                                                                                       Jessica Lamp, Technology Transfer                     is made in accordance with 35 U.S.C.
                                               determinations and DOE’s Appliance and
                                                                                                       Program Manager, U.S. Department of                   209(c) that the license is in the public
                                               Equipment Standards Program (AESP)
                                                                                                       Energy, National Energy Technology                    interest.
                                               analyses. While it is true that the site-to-
                                                                                                       Laboratory, P.O. Box 10940, Pittsburgh,                 Dated: February 6, 2018.
                                               source conversion factor used in this analysis
                                               is derived from EIA data for commercial
                                                                                                       PA 15236–0940 or via facsimile to (412)
                                                                                                                                                             Grace M. Bochenek,
                                               sector energy use, analyzing the data from all
                                                                                                       386–4183.
                                                                                                                                                             Director, National Energy Technology
                                               sectors results in the same conversion factor.          FOR FURTHER INFORMATION CONTACT:                      Laboratory.
                                               The determination methodology does not                  Jessica Lamp, Technology Transfer                     [FR Doc. 2018–03936 Filed 2–26–18; 8:45 am]
                                               calculate the future impact of the new                  Program Manager, U.S. Department of
                                                                                                                                                             BILLING CODE 6450–01–P
                                               Standard, and thus DOE believes that using              Energy, National Energy Technology
                                               conversion factors from the year of                     Laboratory, P.O. Box 10940, Pittsburgh,
                                               publication of the Standard is appropriate.             PA 15236; Telephone (412) 386–7417;                   DEPARTMENT OF ENERGY
                                               DOE notes that it makes analyses available              Email: jessica.lamp@netl.doe.gov.
                                               for states on the future impact of energy               SUPPLEMENTARY INFORMATION: Section                    Office of Energy Efficiency and
                                               codes, which are beneficial for determining             209(c) of title 35 of the United States               Renewable Energy
                                               the long-term benefits of new code adoption.            Code gives DOE the authority to grant
                                               Finally, the use of the conversion factor from          exclusive or partially exclusive licenses             Notice of Request for Information (RFI)
                                               2016 in this analysis also mitigates the                in Department-owned inventions where                  on Expanding Hydropower and
daltland on DSKBBV9HB2PROD with NOTICES




                                               impact of using the fossil fuel equivalency             a determination is made, among other                  Pumped Storage’s Contribution to Grid
                                               approach to determine the conversion factor             things, that the desired practical                    Resiliency and Reliability
                                               for electricity because the proportion of
                                                                                                       application of the invention has not                  AGENCY:  Office of Energy Efficiency and
                                               renewable sources in the overall fuel mix was
                                                                                                       been achieved, or is not likely to be                 Renewable Energy, Department of
                                               very small in 2016.
                                                                                                       achieved expeditiously, under a                       Energy (DOE).
                                               [FR Doc. 2018–03931 Filed 2–26–18; 8:45 am]             nonexclusive license. The statute and
                                                                                                                                                             ACTION: Request for information (RFI).
                                               BILLING CODE 6450–01–P                                  implementing regulations (37 CFR 404)


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Document Created: 2018-02-27 01:14:49
Document Modified: 2018-02-27 01:14:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of order.
DatesThis Order applies as of February 27, 2018.
ContactJeremiah Williams; U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW, EE-5B, Washington, DC 20585; (202) 441-1288; [email protected]
FR Citation83 FR 8463 

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