Notice2021-14484
Notice of Intent To Prepare an Environmental Impact Statement for Energy Conservation Standards for Manufactured Housing
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 7, 2021
Issuing agencies
Energy Department
Abstract
The U.S. Department of Energy (DOE) is required, as set forth in the Energy Independence and Security Act of 2007 (EISA), to establish energy conservation standards for manufactured housing. EISA further directs DOE to base its energy conservation standards on the most recent version of the International Energy Conservation Code (IECC), and any supplements to that document, except where DOE finds that the IECC is not cost effective or where a more stringent standard would be more cost effective. DOE's Office of Energy Efficiency and Renewable Energy (EERE) is currently planning to finalize a Supplemental Notice of Proposed Rulemaking (SNOPR) (on or before August 16, 2021) for publication in the Federal Register that will propose energy conservation standards for manufactured housing based on the 2021 IECC. In accordance with the National Environmental Policy Act of 1969 (NEPA), DOE NEPA Implementing Procedures and the Council on Environmental Quality (CEQ) regulations for implementing NEPA, DOE will prepare an environmental impact statement (DOE/EIS-0550) to evaluate the potential impacts to the human environment associated with the proposed energy conservation standards for manufactured housing.
Full Text
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<title>Federal Register, Volume 86 Issue 127 (Wednesday, July 7, 2021)</title>
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[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Notices]
[Pages 35773-35775]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14484]
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DEPARTMENT OF ENERGY
Notice of Intent To Prepare an Environmental Impact Statement for
Energy Conservation Standards for Manufactured Housing
AGENCY: Office of Energy Efficiency and Renewable Energy, U.S.
Department of Energy.
ACTION: Notice of intent to prepare an environmental impact statement,
to request public comments on its scope, and to conduct public scoping
meetings.
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SUMMARY: The U.S. Department of Energy (DOE) is required, as set forth
in the Energy Independence and Security Act of 2007 (EISA), to
establish energy conservation standards for manufactured housing. EISA
further directs DOE to base its energy conservation standards on the
most recent version of the International Energy Conservation Code
(IECC), and any supplements to that document, except where DOE finds
that the IECC is not cost effective or where a more stringent standard
would be more cost effective. DOE's Office of Energy Efficiency and
Renewable Energy (EERE) is currently planning to finalize a
Supplemental Notice of Proposed Rulemaking (SNOPR) (on or before August
16, 2021) for publication in the Federal Register that will propose
energy conservation standards for manufactured housing based on the
2021 IECC. In accordance with the National Environmental Policy Act of
1969 (NEPA), DOE NEPA Implementing Procedures and the Council on
Environmental Quality (CEQ) regulations for implementing NEPA, DOE will
prepare an environmental impact statement (DOE/EIS-0550) to evaluate
the potential impacts to the human environment associated with the
proposed energy conservation standards for manufactured housing.
DATES: The public scoping period for the EIS starts with the
publication of this notice and ends on August 6, 2021. DOE will hold
virtual informational/public scoping meetings on Wednesday, July 21,
2021 at 5:00 p.m.-7:00 p.m. Eastern Time and Thursday July 22, 2021 at
2:00 p.m.-4:00 p.m. Eastern Time. Details on how to participate in the
virtual public meetings will be posted on the EIS web page at: <a href="https://ecs-mh.evs.anl.gov">https://ecs-mh.evs.anl.gov</a>. In defining the scope of the EIS, DOE will consider
all scoping comments received or postmarked by August 6, 2021.
[[Page 35774]]
ADDRESSES: Oral comments may be provided at the public scoping
meetings. Written comments may be submitted online at: <a href="https://ecs-mh.evs.anl.gov">https://ecs-mh.evs.anl.gov</a> or by mail at: Roak Parker, NEPA Document Manager, U.S.
Department of Energy--Golden Field Office, 15013 Denver West Parkway,
Golden, CO 80401.
FOR FURTHER INFORMATION CONTACT: For additional information on the
scoping meetings and/or the EIS process, or to request to be added to
an email list to receive updates on the EIS, contact Roak Parker via
email at: <a href="/cdn-cgi/l/email-protection#f3b7bcb6acb6baa0acbeb2bda6b5b2b0a7a6a1b6b7acbbbca6a0babdb4b39696dd979c96dd949c85"><span class="__cf_email__" data-cfemail="a7e3e8e2f8e2eef4f8eae6e9f2e1e6e4f3f2f5e2e3f8efe8f2f4eee9e0e7c2c289c3c8c289c0c8d1">[email protected]</span></a> or via mail at: NEPA
Document Manager, U.S. Department of Energy--Golden Field Office, 15013
Denver West Parkway, Golden, CO 80401. For general information on DOE's
NEPA review process, contact Brian Costner, Director, Office of NEPA
Policy and Compliance, GC-54, U.S. Department of Energy, 1000
Independence Avenue SW, Washington, DC 20585-0119, email
<a href="/cdn-cgi/l/email-protection#c485b7af8a81948584acb5eaa0aba1eaa3abb2"><span class="__cf_email__" data-cfemail="39784a52777c6978795148175d565c175e564f">[email protected]</span></a>, telephone (202) 586-4600 or (800) 472-2756. This
NOI, the draft EIS, and other documents, as they are available, will be
posted at: <a href="https://ecs-mh.evs.anl.gov">https://ecs-mh.evs.anl.gov</a>.
SUPPLEMENTARY INFORMATION: On February 22, 2010, DOE published an
advanced notice of proposed rulemaking (ANOPR) and request for comment.
See Energy Standards for Manufactured Housing, 75 FR 7556. DOE
determined that the proposed rule would benefit from a negotiated
rulemaking. On June 13, 2014, DOE published a notice of intent to
establish a negotiated rulemaking Manufactured Housing working group,
which consisted of representatives of interested stakeholders. See 79
FR 33873. The working group met a total of 12 days over a three-month
period. See Energy Conservation Program: Energy Efficiency Standards
for Manufactured Housing 80 FR 7550 (February 11, 2015). DOE also
sought public comment and held numerous meetings with the U.S.
Department of Housing and Urban Development (HUD), which sets
construction and safety standards for manufactured homes, including the
current energy efficiency requirements for manufactured homes (the
``HUD Code,'' 24 CFR part 3820). See 80 FR 7551-7553 (February 11,
2015), and 81 FR 39756 (June 17, 2016).
In June 2016, DOE issued a technical support document (See Document
ID EERE-2009-BT-BC-0021-0136 \1\) and published a Notice of Proposed
Rulemaking (NOPR) in the Federal Register that proposed to establish
energy conservation standards for manufactured housing based on the
negotiated consensus recommendations of the manufactured housing
working group. 81 FR 39756 (June 17, 2016). In addition, DOE prepared a
draft environmental assessment (EA) pursuant to NEPA to evaluate the
potential environmental impacts of the proposed standards and requested
information to help analyze potential impacts on indoor air quality
(IAQ), notably from sealing manufactured homes more tightly. See Draft
Environmental Assessment for Notice of Proposed Rulemaking, ``Energy
Conservation Standards for Manufactured Housing'' With Request for
Information on Impacts to Indoor Air Quality, 81 FR 42576 (June 30,
2016) (DOE/EA-2021). DOE received input on both the proposed rule and
the draft EA. To help further inform certain aspects of the standards
being developed and their underlying framework, DOE published a Notice
of Data Availability (NODA) on August 3, 2018. See 83 FR 38073. In the
NODA, DOE stated it was examining a number of factors and possible
alternatives on which it sought further input from the public.
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\1\ Available at: <a href="https://www.regulations.gov/document?D=EERE-2009-BT-BC-0021-0136">https://www.regulations.gov/document?D=EERE-2009-BT-BC-0021-0136</a>.
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DOE has considered the information received, together with the
recent issuance of the 2021 IECC, and intends to propose new energy
conservation standards for manufactured housing that are based on the
2021 IECC, consistent with the considerations prescribed by EISA. DOE
has determined that an EIS is the appropriate level of NEPA review to
evaluate the potential environmental impacts associated with
establishing energy conservation standards for manufactured housing
based on the 2021 IECC (the proposed action). DOE/EA-2021 has been
cancelled; however, information in the draft EA and comments received
on the draft EA will be incorporated into the EIS, as appropriate.
Purpose and Need for Agency Action
DOE's purpose and need for agency action is to establish energy
conservation standards for manufactured housing, in accordance with
EISA Section 413. DOE's dual purpose is to satisfy these obligations
and to help achieve the national goals of (a) saving energy, (b)
reducing energy costs for manufactured homeowners, and (c) reducing
outdoor pollutants and greenhouse gases.
Proposed Action
DOE's proposed action is to establish energy conservation standards
for manufactured homes based on the 2021 IECC, consistent with the
cost-effectiveness considerations identified in the EISA. In accordance
with the EISA, which explicitly allows DOE to consider the differences
in design and factory construction techniques of manufactured homes, as
compared to site-built and modular homes, the energy conservation
standards under consideration by DOE are based on certain
specifications included in the 2021 IECC while also accounting for the
unique aspects of manufactured housing. Because the IECC has not been
specifically applied to manufactured homes, DOE's supplemental proposal
will include modifications to those related IECC provisions that can be
adapted for use in these homes. DOE is proposing energy efficiency
standards for manufactured housing that relate to the building thermal
envelope; air sealing; installation of insulation; duct sealing;
heating, ventilation and air conditioning (HVAC); service hot water
systems; mechanical ventilation fan efficacy; and heating and cooling
equipment sizing.
Action Alternative
DOE is also considering an action alternative that uses a tiered
approach to address affordability and cost-effectiveness concerns with
respect to energy cost savings and the cost of efficiency improvements
relative to the retail price of manufactured housing. In the action
alternative, DOE is considering that for manufactured homes priced
below a certain (to be determined) retail price, the stringency of
certain building thermal envelope requirements would be based on
incremental costs that provide a beneficial financial outcome with
respect to life-cycle cost savings, while minimizing upfront cost
impacts. Two sets of energy conservation standards would be established
under the action alternative: Tier 1 standards would apply to
manufactured homes priced at or below a retail price threshold and
provide more limited improvements in efficiency up to a maximum
incremental price increase; and Tier 2 standards would apply to homes
above the retail price threshold. The Tier 2 standards would be the
same as those considered under the proposed action. DOE has not yet
determined the Tier 1 retail price threshold or the maximum incremental
price increase. DOE is considering a retail price threshold from
$50,000 to $100,000 and a maximum incremental price increase of $500 to
$1,000. DOE will publish the Tier 1 threshold and maximum incremental
price increase in the SNOPR. The draft EIS will analyze
[[Page 35775]]
potential environmental impacts of the tiered approach as defined in
the SNOPR as the action alternative.
The energy conservation standards proposed under either the
proposed action or the action alternative would be based on the current
climate zones in the HUD Code (24 CFR 3820.506) and would apply to
homes manufactured on or after one year following the publication of a
final rule for DOE's energy conservation standards for manufactured
housing in the Federal Register.
No Action Alternative
NEPA requires consideration of a no action alternative. The no
action alternative serves as the baseline to compare the potential
environmental impacts of the proposed action and alternatives. As part
of the EIS process, DOE will consider a no action alternative where DOE
would not establish energy conservation standards for manufactured
housing, and energy conservation requirements would remain at the
levels established in the existing HUD Code.
Preliminary Identification of Environmental Issues
DOE's analysis and discussion in the EIS will focus on potentially
significant environmental impacts. DOE's 2016 Draft EA (Draft
Environmental Assessment for Notice of Proposed Rulemaking, ``Energy
Conservation Standards for Manufactured Housing'' With Request for
Information on Impacts to Indoor Air Quality, DOE/EA-2021) analyzed
potential impacts related to indoor air, outdoor air, socioeconomics
and environmental justice, and climate change. Other resource areas
(such as sensitive ecosystems, geology and soils, and wetlands and
floodplains) were considered and dismissed from detailed analysis
because impacts of the proposed energy conservation standards would not
be expected to have any measurable effects. Considering the analyses
developed to support the draft EA, DOE anticipates that establishing
energy conservation standards for manufactured housing would have
potential impacts (beneficial, adverse, or both) in the same resource
areas analyzed in the draft EA.
Accordingly, in the EIS, DOE anticipates evaluating potential
impacts related to: (1) Indoor air quality and human health; (2)
outdoor emissions of air pollutants and greenhouse gases; (3) energy
consumption; (4) socioeconomics; (5) environmental justice; and (6)
climate change. This list is not intended to be all-inclusive or to
imply a predetermination of potential impacts. DOE invites interested
stakeholders to suggest specific issues, including possible mitigation
measures, within these general categories or others, to be considered
in the EIS.
Public Participation
The purpose of the EIS scoping process is to gather input on the
issues, concerns, possible alternatives, and potential significant
impacts to the quality of the human environment that DOE should
consider in the EIS. Persons and organizations affected by or
interested in the proposed action are invited to participate in the
scoping process to help define the important resources and issues to be
analyzed in depth, and to eliminate other issues from detailed study in
the EIS. Participants are anticipated to include, and are not limited
to, agencies (Federal, State, county, and local), Native American
tribes, public interest groups, nongovernmental organizations,
businesses, trade associations, and individual members of the public.
There will be two scoping meetings, as described under the DATES
section of this notice, to accommodate and encourage public
participation. Each will be a virtual meeting (webcast) to avoid in-
person interactions, toward mitigating any spread of the COVID-19
pandemic. DOE will post information on how to participate in the
virtual public meetings on the EIS website listed previously, in
advance of the meetings. The public will have the opportunity to
present comments on the scope of the EIS. DOE representatives will be
available to answer questions and provide additional information to
meeting attendees. In addition to providing comments at the public
scoping meetings, stakeholders may submit written comments as described
in the ADDRESSES section.
The public is encouraged to provide information and comments on
issues to be addressed in the EIS. Comments may be broad in nature or
restricted to specific areas of concern, but they should be directly
relevant to the NEPA process or potential environmental impacts. Note
that public comments on the DOE SNOPR and its requirements, supporting
bases, and analyses, that are unrelated to the NEPA process or
potential environmental impacts, will be invited separately, pursuant
to the rulemaking process, and will not be addressed during this EIS
public scoping period. Instructions for providing those comments will
be included with the publication of the SNOPR in the Federal Register.
DOE will consider the comments received on the scope of the EIS
during the 30-day scoping period as it prepares the draft EIS. When the
draft EIS is completed, a Notice of Availability of the draft EIS will
be published in the Federal Register, which will begin a 45-day public
comment period. This Notice of Availability will include instructions
on how to comment on the draft EIS, which will be available for
download from the EIS website identified previously. DOE is considering
holding two virtual public hearings during the public comment period
for the draft EIS.
DOE's EIS process will include the virtual public scoping meetings;
consultation and coordination with appropriate Federal, State, county,
and local agencies and tribal governments; making the draft EIS
available for public review and comment; a virtual public hearing or
hearings on the draft EIS; publication of the final EIS, with
accessibility via the EIS website; and publication of the Record of
Decision in the Federal Register. DOE will maintain information about
the NEPA process, including documents, meeting information, and
important dates, on the EIS website identified previously.
Signing Authority
This document of the Department of Energy was signed on June 28,
2021, by Mathew Blevins, Director, Environment, Safety, and Health
Office, Office of 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 July 1, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-14484 Filed 7-6-21; 8:45 am]
BILLING CODE 6450-01-P
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