Proposed Rule2022-05292
Energy Conservation Program: Energy Conservation Standards for Variable Refrigerant Flow Multi-Split Air Conditioners and Heat Pumps; Clarification
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
March 14, 2022
Effective
March 14, 2022
Issuing agencies
Energy Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 49 (Monday, March 14, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05292]
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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.
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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:
<a href="/cdn-cgi/l/email-protection#501120203c39313e33350324313e34312234230125352324393f3e231035357e343f357e373f26"><span class="__cf_email__" data-cfemail="b3f2c3c3dfdad2ddd0d6e0c7d2ddd7d2c1d7c0e2c6d6c0c7dadcddc0f3d6d69dd7dcd69dd4dcc5">[email protected]</span></a>.
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: <a href="/cdn-cgi/l/email-protection#d095a2b9b3fe83a4b1a390b8a1feb4bfb5feb7bfa6"><span class="__cf_email__" data-cfemail="c481b6ada7ea97b0a5b784acb5eaa0aba1eaa3abb2">[email protected]</span></a>.
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.
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\1\ ASHRAE Standard 90.1 is titled ``Energy Standards for
Buildings Except Low-Rise Residential Buildings.''
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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
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