Notice2022-10931
Record of Decision for the Final Environmental Impact Statement for Proposed Energy Conservation Standards for Manufactured Housing (DOE/EIS-0550)
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
May 31, 2022
Issuing agencies
Energy Department
Abstract
The U.S. Department of Energy ("DOE") has determined that it will establish energy conservation standards for manufactured housing based on the 2021 International Energy Conservation Code ("IECC") using a tiered approach based on the size of the manufactured home, as described in Alternative B2 in the Final Environmental Impact Statement for Proposed Energy Conservation Standards for Manufactured Housing (DOE/EIS-0550). This Record of Decision ("ROD") was prepared in accordance with the requirements of the National Environmental Policy Act ("NEPA"), Council on Environmental Quality ("CEQ") regulations for implementing NEPA, and DOE NEPA regulations.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 104 (Tuesday, May 31, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 104 (Tuesday, May 31, 2022)]
[Notices]
[Pages 32405-32407]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10931]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Record of Decision for the Final Environmental Impact Statement
for Proposed Energy Conservation Standards for Manufactured Housing
(DOE/EIS-0550)
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Record of decision.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') has determined that it
will establish energy conservation standards for manufactured housing
based on the 2021 International Energy Conservation Code (``IECC'')
using a tiered approach based on the size of the manufactured home, as
described in Alternative B2 in the Final Environmental Impact Statement
for Proposed Energy Conservation Standards for Manufactured Housing
(DOE/EIS-0550). This Record of Decision (``ROD'') was prepared in
accordance with the requirements of the National Environmental Policy
Act (``NEPA''), Council on Environmental Quality (``CEQ'') regulations
for implementing NEPA, and DOE NEPA regulations.
ADDRESSES: The final EIS, this ROD, and other EIS documents are
available on the Project website at: <a href="https://ecs-mh.evs.anl.gov">https://ecs-mh.evs.anl.gov</a> and on
<a href="http://Energy.gov">Energy.gov</a> at: <a href="http://www.energy.gov/node/4810038">www.energy.gov/node/4810038</a>.
FOR FURTHER INFORMATION CONTACT: For additional information on the EIS
process or this ROD, please contact Kristin Kerwin at the Department of
Energy--Golden Field Office, 15013 Denver West Parkway, Golden,
Colorado 80401, email: <a href="/cdn-cgi/l/email-protection#296d666c766c607a766468677c6f686a7d7c7b6c6d7661667c7a60676e694c4c074d464c074e465f"><span class="__cf_email__" data-cfemail="a0e4efe5ffe5e9f3ffede1eef5e6e1e3f4f5f2e5e4ffe8eff5f3e9eee7e0c5c58ec4cfc58ec7cfd6">[email protected]</span></a>, (240)
562-1800. For general information on the DOE NEPA review process,
please contact Brian Costner, 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#226351496c677263624a530c464d470c454d54"><span class="__cf_email__" data-cfemail="b0f1c3dbfef5e0f1f0d8c19ed4dfd59ed7dfc6">[email protected]</span></a>, telephone (202) 586-4600 or
(800) 472-2756, facsimile (202) 586-7031.
SUPPLEMENTARY INFORMATION:
Background
DOE is obligated to establish energy conservation standards for
manufactured housing, as directed by Section 413 of the Energy
Independence and Security Act of 2007 (``EISA''). (42 U.S.C. 17071)
EISA directs DOE to base these standards on the most recent version of
the 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 based on the impact of the IECC on the
purchase price of manufactured housing and on total lifecycle
construction and operating costs. In accordance with Section 413 of
EISA, DOE is establishing energy conservation standards for
manufactured housing in a final rulemaking published elsewhere in this
issue of the Federal Register. To inform the proposed rulemaking, DOE
prepared an EIS pursuant to NEPA, the CEQ NEPA implementing regulations
(40 CFR parts 1500-1508), and DOE's procedures for implementing NEPA
(10 CFR part 1021).
Purpose and Need for Agency Action
In accordance with EISA, DOE will establish energy conservation
standards for manufactured housing that are based on the 2021 IECC. In
fulfilling its statutory mandate to establish energy conservation
standards, the standards will also:
<bullet> Reduce national energy consumption,
<bullet> Reduce energy costs for owners of manufactured homes,
<bullet> Reduce emissions of outdoor pollutants associated with
electricity production,
<bullet> Reduce emissions of greenhouse gases (``GHGs'') associated
with electricity production that may lead to climate change, and
<bullet> Protect public health and safety related to energy
efficiency.
DOE's Proposed Action and Alternatives
DOE considered three approaches for establishing the energy
conservation standards for manufactured housing. The final EIS refers
to each approach as an action alternative. The alternatives were
informed by public comments on the scope of the EIS and on the draft
EIS, and by comments on DOE's 2016 notice of proposed rulemaking
(``NOPR'') 81 FR 39756, 2016 draft environmental assessment, 2021
supplemental notice of proposed rulemaking (``SNOPR'') 86 FR 47744, and
subsequent 2021 notice of data availability (``NODA'') 86 FR 59042, as
well as coordination and consultation with the U.S. Department of
Housing and Urban Development (``HUD''). In accordance with NEPA, DOE
also considered the alternative of taking no action, which serves as a
baseline against which potential consequences of the action
alternatives can be compared. Thus, four alternatives (referred to as
A, B, C, and D) are evaluated in detail in the EIS.
Under Alternative A, the proposed standards for energy conservation
would be tiered (including ``Tier 1'' and ``Tier 2'' standards) based
on a manufacturer's retail list price of $63,000. Within Alternative A,
two detailed alternatives (A1 and A2) were analyzed. Under Alternative
A1, Tier 1 standards would apply to homes with a retail list price of
$63,000 or less, with requirements based on the 2021 IECC, but with
less stringent building thermal envelope requirements that would
[[Page 32406]]
correspond to an incremental increase in purchase price of less than
$750. Tier 2 standards would apply to homes with a manufacturer's
retail list price above $63,000 and would be the same as the Tier 1
requirements, but with more stringent building thermal envelope
requirements similar to those of the 2021 IECC. Alternative A2, is the
same as Alternative A1 except it would include relaxed insulation
requirements for Tier 2 manufactured houses in certain climate zones.
Under Alternative B, the proposed standards for energy conservation
would be tiered (including ``Tier 1'' and ``Tier 2'' standards) based
on the size of the manufactured home. Similar to Alternative A, two
detailed alternatives were analyzed within Alternative B (B1 and B2).
For Alternative B1, the Tier 1 standards would apply to single-section
manufactured homes with requirements based on the 2021 IECC, and, as
with Alternative A, the building thermal envelope requirements would
correspond to an incremental purchase price increase of less than $750.
Tier 2 standards would apply to multi-section manufactured homes and
would be the same as the Tier 1 requirements but with more stringent
building thermal envelope requirements similar to those of the 2021
IECC. The building thermal envelope requirements for Alternative B1 are
the same as those identified for Alternative A1. Alternative B2 is the
same as Alternative B1 except it would include relaxed insulation
requirements for Tier 2 manufactured homes in certain climate zones.
Alternative C represents an untiered approach to establishing
energy conservation standards. Under this alternative, the proposed
standards based on the 2021 IECC would apply to all manufactured homes,
without considering the manufacturer's retail list price or size or
less stringent building thermal envelope requirements to address
affordability concerns. As with Alternatives A and B, two detailed
alternatives were analyzed within Alternative C (C1 and C2). Under
Alternative C1, the building thermal envelope requirements would be the
same as those identified for Tier 2 in Alternative A and Alternative B.
Alternative C2 is the same as C1 except it would include relaxed
insulation requirements for all manufactured houses in certain climate
zones.
Alternative D represents the no action alternative. Under this
alternative, DOE would not establish energy conservation standards for
manufactured housing, and manufacturers would continue to follow the
requirements in the existing HUD Code.
DOE considered, but did not analyze in detail, several potential
alternatives, including alternatives suggested in comments received
during the scoping process for this EIS and in response to the NOPR,
SNOPR, NODA, and draft EIS. These alternatives fall within four themes:
(1) The mechanism for implementing standards; (2) the basis for the
standards, (3) the structure of the standards, and (4) other efficiency
requirements. The EIS, in section 2.5, describes why these alternatives
were not analyzed in detail.
As presented in the final EIS, Alternatives A, B, and C would
result in:
<bullet> Conservation of energy,
<bullet> Avoidance of GHGs and other emissions (reducing impacts to
climate change and outdoor air quality),
<bullet> Better indoor protection from outdoor air pollutants,
<bullet> Higher indoor air concentrations of pollutants emitted
indoors, and
<bullet> National cost savings.
DOE did not have a preferred alternative at the time of the
publication of the draft EIS. In the final EIS, DOE identified the
preferred alternative as the untiered alternative with relaxed
insulation (Alternative C2).
Environmentally Preferable Alternatives
DOE considers both Alternatives B and C to be environmentally
preferrable. There are minor tradeoffs between Alternatives B and C
relative to which is more environmentally preferable over different
time periods. DOE considers the untiered approach (Alternative C) to be
environmentally preferrable as it would result in the most energy
savings and emissions reductions and would provide the same benefits to
all residents of manufactured homes. Alternative C, however, has a
somewhat greater socioeconomic and environmental justice impacts
associated with first cost (home purchase) and a longer payback period
than the Tier 1 homes in Alternative B. DOE considers Alternative B to
be environmentally preferrable as it addresses the socioeconomic and
environmental justice impacts associated with the upfront cost and
shortens the payback period (for Tier 1 homes) by only including
components that would increase the incremental purchase price by less
than $750.
Public Involvement
The Notice of Intent (``NOI'') to prepare an EIS was published in
the Federal Register on July 7, 2021, beginning the scoping process
that extended through August 6, 2021. 86 FR 35773. The NOI invited
public participation in the EIS scoping process and solicited public
comments on the scope and content of the EIS. DOE solicited comments
from Federal, State, and local agencies; tribal governments; other
organizations and the public. In July 2021, DOE hosted two online
public scoping meetings to provide the public an opportunity to comment
on the scope of the EIS and ask questions about the EIS process. DOE
received oral and written comments from 17 organizations and two
individuals. DOE's scoping process and public involvement along with a
summary of the scoping comments received, are summarized in Appendix A
of the final EIS.
The Notice of Availability (``NOA'') for the draft EIS was
published in the Federal Register on January 14, 2022, and comments on
the draft EIS were invited for 45-days (through February 28, 2022). 87
FR 2430. Two online public meetings were held in January 2022. DOE
received 24 oral and written comment submittals on the draft EIS from
organizations across 13 states and the District of Columbia. Appendix C
of the final EIS provides a summary of the comments received and
describes how the final EIS reflects the comments received on the draft
EIS.
Decision
The agency has considered all the alternatives, information,
analyses, and objections submitted by State, Tribal, and local
governments and public commenters for consideration by DOE in
developing the EIS. Further, informed by the analyses and environmental
impacts documented in the final EIS and related analysis, DOE has
decided to establish energy conservation standards for manufactured
housing that are tiered based on the size of the manufactured home,
with relaxed insulation for Tier 2 homes in certain climate zones
(Alternative B2).
DOE will issue a final rule that will codify the energy
conservation standards in a new part of the Code of Federal Regulations
(``CFR'') under 10 CFR part 460 subparts A, B, and C. Subpart A will
present generally the scope of the rule and provides definitions of key
terms. Subpart B will establish new requirements for manufactured homes
that relate to climate zones, the building thermal envelope, air
sealing, and installation of insulation. Subpart C will establish new
requirements related to duct sealing, heating, ventilation, and air
conditioning (``HVAC''); service hot water systems; mechanical
ventilation
[[Page 32407]]
fan efficacy; and heating and cooling equipment sizing.
Under the energy conservation standards, the stringency of the
requirements under subpart B will depend on the size of the
manufactured home for the tiered approach. Accordingly, two sets of
standards will be established in subpart B (i.e., Tier 1 and Tier 2).
Tier 1 will apply to single-section manufactured homes and will
incorporate building thermal envelope measures based on certain thermal
envelope components subject to the 2021 IECC, but only including
components that would increase the incremental purchase price by less
than $750. Tier 2 will apply to multi-section manufactured homes and
incorporate building thermal envelope measures based on certain thermal
envelope components and specifications of the 2021 IECC, with alternate
exterior wall insulation requirements for climate zones 2 and 3, as
presented in the August 2021 SNOPR and the October 2021 NODA and
analyzed in the final EIS. Further, the energy conservation standards
for both tiers also include duct and air sealing, insulation
installation, HVAC and service hot water system specifications,
mechanical ventilation fan efficacy, and heating and cooling equipment
sizing provisions, based on the 2021 IECC. DOE will adopt a compliance
date such that the standards will apply to manufactured homes starting
one year after the publication date of the final rule in the Federal
Register.
DOE notes that its decision to adopt Alternative B2 differs from
the preferred alternative presented in the final EIS (Alternative C2).
DOE decided to adopt Alternative B2 because of affordability and cost-
effectiveness concerns identified in the consultation process and
during the rulemaking process. Following the issuance of the final EIS,
DOE continued to consider comments received on the rulemaking and in
the interagency review process under Executive Order 12866, which
included the aforementioned concerns regarding first-costs,
affordability, and cost-effectiveness. DOE believes that access to
affordable housing and reducing energy burdens of low-income purchasers
are of the utmost importance in the manufactured housing market.
Alternative B2 better addresses both of these concerns than Alternative
C2 because it will ensure continued availability for the homes most
often purchased by low-income purchasers (single-section homes) with
little change to the current manufactured housing market, while
providing energy cost savings in the nearer term for residents of these
homes. A more detailed explanation of DOE's bases for adopting
Alternative B2 will be provided in the final rule and its Technical
Support Document in the rulemaking docket. The docket, and all
documents contained therein, may be found at <a href="http://www.regulations.gov/docket?D=EERE-2009-BT-BC-0021">www.regulations.gov/docket?D=EERE-2009-BT-BC-0021</a>.
Mitigation
The analyses presented in the final EIS identify both beneficial
and adverse impacts to indoor air quality, health, socioeconomic
conditions, environmental justice, and cumulative effects of DOE's
proposed action alternatives. The final EIS describes measures that
could mitigate potential adverse impacts. To address adverse impacts to
indoor air quality, health, socioeconomics, and environmental justice,
the final EIS identifies the following mitigation measures:
<bullet> Promoting installation of energy-efficient fans for
ventilation,
<bullet> Advancing research and stakeholder engagement to increase
implementation of energy-efficient ventilation,
<bullet> Promoting training and technical assistance to
manufacturers, and
<bullet> Promoting improved indoor air quality and environmental
justice through efficiency labeling and informational resources about
healthy homes and financing options.
The final EIS identifies that DOE could further address adverse
impacts to socioeconomics and environmental justice by promoting
financial mechanisms to offset first costs through incentives,
assistance, and informational resources. Also, the final EIS identifies
that DOE could promote awareness of DOE's energy justice initiative to
address impacts to environmental justice.
Along with DOE's decision to implement energy conservation
standards for manufactured housing, DOE will:
<bullet> Collaborate with HUD to promote efficient ventilation,
including whole-house ventilation and exhaust fan techniques.
<bullet> Advance research and stakeholder engagement on energy-
efficient heating, ventilating, and air-conditioning solutions for
modular housing.
<bullet> Leverage existing funded research projects to provide
training and technical assistance to manufactured housing manufacturers
intended to help manufacturers achieve the energy conservation
standards in the most cost-efficient manner.
<bullet> Develop and implement informational campaigns to promote
improved indoor air quality and environmental justice--specifically to
aid potential buyers in identifying and comparing energy efficiency
between homes.
<bullet> Collaborate with the Manufactured Housing Task Force to
address market barriers to energy-efficient manufactured housing as an
affordable, equitable, and accessible housing option, including better
consumer education around how energy-efficient manufactured homes are
financed.
<bullet> Coordinate with DOE's Office of Economic Impact and
Diversity to promote partnerships that enhance community awareness and
engagement in advancing energy justice concepts for manufactured
housing.
DOE has committed to all practicable means to avoid or minimize
environmental harm.
Signing Authority
This document of the Department of Energy was signed on May 16,
2022, by Derek G. Passarelli, Director, Golden Field 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 May 17, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-10931 Filed 5-27-22; 8:45 am]
BILLING CODE 6450-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 31, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.