PRELIMINARY STUDY SMALL BOILERS IN THE HEADQUARTERS BUILDING AND THE PRINTING & PHOTOGRAPHY BUILDING

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00988R000500030004-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 28
• Document Creation Date: December 14, 2016
• Document Release Date: May 14, 2003
• Sequence Number: 4
• Publication Date: January 1, 1979
• Content Type: STUDY

I ir
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Preliminary Study
Small Boilers in the Headquarters Building
and the Printing E Photography Building
I. Background
As worldwide interest in energy has changed because of
the rising cost and questionable availability of oil, the
economical approaches to the efficient use of energy have
expanded. While the thrust of past efforts was to design
and maintain power plants to meet demands efficiently, a new
parameter includes expenditures for various sizes of equip-
ments to meet limited special conditions. Such expeditures
would not have been economically justified prior to the oil
crisis.
To increase steam production efficiency in the Head-
quarters area, studies have been made and projects have been
designed to take advantage of the available resources. An
early study examined the feasibility of generating steam by
burning the refuse from the classified waste disposal systems.
Though initial information appeared promising, the final
conclusion was that it took more energy to burn the refuse
to make steam than it took to make steam without the refuse.
A study was made to determine if a smaller boiler could
be placed in the Powerplant to provide steam more efficiently
during late spring through early fall when steam requirements
were less. The small boiler could also be fired in concert
with one or more of the existing large boilers to efficiently
satisfy peak requirements. 'The study indicated that such a
project would be effective in conserving energy and a design
for this worl< is now near completion.
Pequi.rement
To this point, the steam conservation efforts have been
targeted at the Powerplant. Since the Powerplant and the
buildings served by the Powerplant are remoted from each
other, steam transmission lines are required to provide
service. While new steam lines are being designed to
replace existing lines and provide redundant transmission
facilities, any steam line will radiate some amount of heat
regardless of the insulation. This amount is rather constant
and is a function of the properties of the insulation.
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During winter operation, the buildings use an amount of heat
that is relatively large compared to the heat that is lost
through the transmission lines, since the lines are designed
to handle the greatest heating requirement. During summer
when the heating needs are less, the heat lost through the
transmission lines is theoretically only slightly less than
in the winter. Since the steam used has dropped signifi-
cantly while the transmission lose has almost remained
constant, the transmission lose now becomes a significant
part of the overall summer steam load.
The requirement then is to determine
economically efficient way to operate the
complex during some summeT period so that
steam equipment and transmission lines ca
some energy saved.
III. Discussion
A. Steam is supplied in quantity to two main facili-
ties, the Headquarters Building and the Printing Photo-
graphy Building. As both have significantly different
functions and equipment, they will be discussed separately.
if there is an
Headquarters
the Powerplant's
n be secured and
1. Headquarte7s
The main uses of steam in the summer are
for operating cafeteria equipment and for heating
water for comfort facilities and for film type
processors. A small amount is used for humidity
control. The film processor and humidifier steam
loads are individually small and scattered. They
could probably be satisfied by individual electric
hot water heatrs and portable humidifiers. The
hot water for comfort facilities can probably be
secured during this period. An exception would
be the medical facility on the first floor and
then an electric hot water heater could be
installed.
The cafeteria steam load is large and con-
centrated. The utility room under the cafeteria
kitchen contains an old fan and an old chiller,
either of which could be removed to provide
space convenient to the existing steam distri-
bution station for n boiler of sufficient size
for the cafeteria. The exhaust stack could be
run vertically in the south courtyard. The
boiler could be fired using the same propane
-
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gas line now used for the classified waste
incinerator. The boiler would be fired at a
low 15 pounds per square inch pressure setting,
eliminating the need for an additional operator.
The disadvantage is that there would be no
quick backup should the small boiler fail since
the Powerplant boilers and the transmission lines
would be cool. The estimated time to start the
main boilers, heat the transmission lines and
supply steam would be between eight and ten
hours assuming that the steam system is not
in some maintenance or repair status.
B. Printing Photography Building
Steam is used in the Printing Ei Photography Build-
ing to provide hot water for film processors, chemical
mixing operations, comfort facilities and for temperature
and humidity control. All of these needs are important to a
printing and photography facility. All of these needs could
be handled by a sall boiler located in the basement of the
Printing Photography Building in available space conven-
ient to the existing steam station. The exhaust stack could
be routed vertically through the first floor and roof. The
boiler could be oil fired with oil being supplied by a pipe
line between the boiler and the existing fuel tanks at the
Powerplant.
The disadvantage is again the loss of the boiler
and the eight to ten hour minimum period before steam could
be supplied from the Powerplant.
C. The heat lost through the existing transmission
lines would be difficult to determine accurately without
outside assistance as the piping is in questionable condi-
tion as evidenced by a GSA project, estimated at more than
$1,000,000, to replace it and some chilled water lines.
However, by comparing the June fuel oil consumption rate
with the maximum firing rate of the two small boilers
discussed above, an estimated saving of between 22,000
gallons and 37,000 gallons of fuel oil could be realized for
the period of July and August.
D. The cost of installing the two boilers is esti-
mated to be in the $110,000 to $i25,000 range in the
FY 79-80 period. The cost to install electric hot water
heaters has been discussed with the GSA Langley Buildings
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Field Office personnel, and it was agreed that GSA would
attempt to fund the cost of the hot water heater instal-
lations in the Headquarters Building.
E. One building that has not been discussed is the
Motor Pool. Ths facility normally uses hot water for com-
fort facilities and showers but as an energy saving measure
the steam to this facility is presently secured for the
summer.
IV. Conclusion and Recomiendations
It appears that the installation of a small boiler in
Printing Photography Building and the installation of a
small boiler and an assortment of electric hot water heaters
and humidifiers in the Headquarters Building could be an
energy saving project.
The General Services Administration is the operator of
the Headquarters complex and is the primary agency to make
such energy oriented changes or alterations to the physical
plant as this study addresses. It is, therefore, recom-
mended that the GSA be advised of this preliminary study so
that it may be examined in more detail by their engineers
and incorporated in their energy conservation programs as
appropriate.
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Steam Generating Efficiency
To reduce fuel costs to a minimum, the steam generating
equipment should operate at or near maximum efficiency on a
continuous basis. Toward that goal, the steam requirements
have been divided into operational modes consistent with
seasonal loads and have been phased assuming that additional
equipment is placed for maximum efficiency.
1. Phase I
Phase I is the present operational mode whereby all
steam is produced by one cr more of the three large boilers
in the Powerplant. The steam that is produced is supplied
to the various campus buildings via steam transmission
lines.
2. Phase II
Phase 11 assumes the installation of a small boiler
(less the half of the capacity of one large boiler) in the
Powerplant. This small boiler is sized to be efficient over
a five month, late spring through early fall, period. It can
also be used during those winter periods when the load
requirement would fall within a range where the combination
of one large boiler plus the small boiler would be more
efficient that than the combination of two large boilers.
The energy savings result first from matching the equipment
capabilities to the load. Second, the new boiler incorpo-
rates more automatic controls as well as improved technology
and design to eliminate the effects of presently performing
some manual operations and to reduce the impact of operator
error or judgment.
The operating efficiency of the boilers has recently
ranged from a high of 81 percent in January to a low of
70 percent in May. For the purpose of computing a fuel
saving it is assumed .that the average summer efficiency
without the new boiler is 74 percent, that the efficiency
with the new boiler will be between 80 percent and 82 per-
cent, and that the average steaming rate will be 13,000
pounds of steam per hour. The expected savings under these
assumptions should he between 30,000 gallons and 45,000
gallons of No. 6 fuel oil for the summer period of May
through September.
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3. Phase III
Phase III assumes the installation of small boilers
located in individual buildings instead of in the Power-
plant. These individual boilers are sized against limited
summerloads. During a Phase ill operation, the Powerplant
and the campus transmission lines would be secured. The
energy savings would result from further matching of the
additional equipment to a reduced load and from not pro-
ducing the heat normally lost from the Powerplant equipment
and the transmission lines. The energy saving beyond
Phase II is estimated to be between 5,520 and 24,400 gallons
of No. 6 fuel oil. The estimated saving if Phase II were
not implemented was previously estimated to be between
22,300 and 37,200 gallons of No. 6 fuel oil.
The above three phases represent a plan of progressive
refinement of steam conservation. Phase IT is the result of
a detailed study by an independent engineering Company. it
represents an addition to the primary steam generating
equipment in the Powerplant to maximize the operating
efficiency of that facility, and it is a funded project with
design nearly complete. The third phase is the result of
tr\ing to determine if there is any way to go beyond Phase
11 and achieve additional savings. While Phase Ill has not
been studied in the same detail as Phase II, the preliminary
examination indicates that additional energy saving may be
reali:ed by reducing some steam service in the Headquarters
and Printing E; Photography Buildings and by installing small
boilers and electric hot water heaters where service cannot
be reduced. This third phase should continue to he examined
probably by GSA because of their more primary role in operat
jog the Headquarters facilities.
A bar chart illustrating the three phases described
above is attached.
Att
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Operational Mode
Phase One: Present
One or more large
boilers in the power
plant.
Phase Two: Add small
boiler to the power
plant.
Phase Three: Add Bid
boilers and elec. hot
water ,heaters.
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CPYRGHT
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Oil Program
I Because the administration wanted
to be extra sure that there would be the government
Bowman said he, too, viewed
government figures as being "on
no winter shortage, it essentially ere' the high side. And our view has not
ated an artificial demand for heating changed. But our main concern was
oil that would not normally have been the timing of when they wanted peak
,
May Revive justified.
And the industry, which has long inventory levels."
Bowman said Gulf usually considers
felt its profits on heating oil to be in- i
.Dec. 1 the time to have peak stocks in
adequate, used the situation to in-lorder to insure adequate coverage
Gas Lmes crease profits, boosting the price ofi
' heating oil far more than was during the winter. Carter originally
justh set Oct. 1 as his target, but later
fied by import crude oil price in- moved that to the end of October.
Heating Fuel Plan
Also Faulted for
Sharp Price Rise
By Larry Kramer and John M. Berry
Washinzton Post Staff Writers
While the federal government's
program to force increased heat-
ing oil production apparently has
succeeded in ensuring an adequate
supply this winter, it appears to
have caused two important side ef-
fects: sharply increased prices and
a looming prospect of gasoline lines
next spring.
In ordering the oil industry to have
240 million barrels of home heating
oil in its tanks by the end of next
month at all costs, the Carter admin-
istration also:
? Allowed the oil industry to -boost
heating oil prices more than 50 per-
cent since January, including an equal
boost in refiner margins (which in-
cludes profits) during that time.
? Forced the industry to stockpile
so much heating oil as insurance
against shortages that it may have to
cut back gasoline production for lack,
of storage space.
The latest Energy Department fig-
ures show that home heating oil andl
diesel fuel in refiner storage tanks!
reached levels slightly above what
they were at the same time last year.
And if refinery production contin-
ues at its present level, it appears thei
industry could have as much as 2551
million barrels in storage by Presi-
dent Carter's deadline.
But the price for that abundant sup- '
ply has been high. Heating oil prices
have gone from about 50 cents a gal-
lon last fall to about 87 cents a gallon
today, a jump of around 75 percent.
And there are indications now, ac-
cording to DOE officials, that a large.
portion of that increase came in the
form of industry profit boosts.
At a time when prices and profits
would under normal circumstances
drop because demand for heating oil
was dropping, just the opposite has
happened.
creases.
Departing Deputy Energy Secretary
While some of the added increase is
John O'Leary now defends the 240-
clearly due to increased operating
million-barrel figure by saying 'we
costs to refiners, even oil company of-
had no choice." He said the adminis-
ficials admit they. have begun to raise
traton was so concerned with insur-
profits to what they consider to be .
mg supplies for the winter that it had
more equitable levels than they have l
lbu...
it ,in an additional 20 million
had in the past.
"fudge factor" into the 240-million-bar-
"There is without question an ele- rel figure, in case the winter was an
ment of increased profits. Our profits extremely bad one.
lon heating oil have definitely im? But, Bowman says, "O'Leary never
!proved," says Charles Bowman, vice talked to us about any 20-million-bar-
president of Gulf Oil Refining and rdI rrair,
Marketing Co. But, he added, the The problem with the government
boosts represent "the first real in- projections may be that they were mo-
crease in profit margins in this indus-, tivated more by political considera-
try since 1973 when heating oil was tions than economic ones, administra-
first put under price controls." tion sources say.
Those controls were removed Participants in the interagency task
1976, but a soft market for heating oil,, force on energy set up by Carter say
which is being used in fewer and l that during that group's meetings, the
fewer homes each year, has prevented question of Carter trooping through
the industry from increasing profit the snows of New Hampshire during a
margins, heating oil shortage was raised sev-
Administration economists antici- eral times. That risk, they were told,
pated, for example, that normal petro-, had to be avoided at all costs.
leum consumption during the fourth At the same time, administration in-
quarter of 1979 would be 6 percent siders report, little consideration was
above a year ago and 9 percent above being given to the meaning of the
1977, based on another overly optimis- statement "all costs."
tic estimate that the gross national Besides creating a fear of shortages
product would jump 3.5 percent in:that did help to push prices up, the
1979. Instead, it now appears, demand I administration warning to refiners to
is dropping as a recession takes hold. Produce huge amounts of heating oil,
a
And, the DOE forecasters paid little and fast, sent scares through consum-
attention to the impact that manda-1
ers, particularly in the Northeast.
tory heating standards and switching
That situation resulted in a willing-
to natural gas or other fuels would
ness on the part of consumers and tatlers to pay abnormally high prices
re-
have in reducing overall consumption.,
Those factors, it now appears, will re-
to be insured of a supply that may
!never have been in doubt.
suit in significant reductions in con-i
And now there is a new dangerous
sumption.
'side effect looming on the horizon:
And, finally, the DOE forecasters
gasoline shortages next spring.
made no adjustment to their consumpi "We are worried about having too
tion projections to account for the im-Inuch
heating oil in primary storage,"
pact higher heating oil prices wouldl said Standard's Eck. "We run the risk
have on its use by residential, com-10f producing so much more heating
mercial and industrial users. oil than we need that our storage
"We always thought the 240-million- tanks will be full when we have to
barrel level was too high," says Ted start producing enough gasoline. If
Eck, chief economist for Standard Oilour tanks are full, we Shave to shut
of Indiana. "I thought 210 or 220 mil- down refinery capacity and only re-
lion barrels had more logic. We fine the amount of product we can
thought there would be a recession, ship every day. We can't drink the
and that higher heating oil prices stuff." ?
would repress demand. I haven't met When you have too much heating
anyone who uses heating oil who isn't Oil- which it appears we may, one of
doing something like -wearing a two things can happen," says Gulf's
sweater or just turning down the dial "EitherBowman. you broker it to
.011. someone else which will be un-
to reduce the amount of heating
likely this winter since everyone will
used."
probably be in the same situation ?
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CPYRGHT
Approved eiease 200.3106/20 : LIA-KIJI-11Z-OUVUOUbUOUJOUU4-1
Oil Program
May Revive
Gas Lines
? Because the administration wanted
Heating Fuel Plan
Also Faulted for
Sharp Price Rise
By Larry Kramer and John M. Berry
Washington Post Staff Writers
While the federal government's
program to force increased heat-
ing oil production apparently has
succeeded in ensuring an adequa!e
to be extra sure that there would be
no winter shortage, it essent:ally cre
ated an artificial demand for heating
oil that would not normally have been
justified.
And the industry, which has long
felt its profits on heating oil '.o be in-
adequate, used the situatimi to in
crease profits, hoosting the price of
heating oil far more than was justi
fied by import crude oil price in-
creases.
While some of the added in:rease is
clearly due to increased o3erating
costs to refiners, even oil company of-
ficials admit they. have begun to raise
profits to what they consider to be
more equitable levels than they have
had in the past.
"There is without question an ele-
ment of increased profits. Our profits
on heating oil have definitely im-
proved," says Charles Bowman, vice
president of Gulf Oil Refining and
Marketing Co. But, he added, the
boosts represent "the first real in.
Gulf's Bowman said he, too, viewed
the government figures as being "on
' the high side. And our view has not
changed. But our main concern was
the timing of when they wanted peak
inventory levels."
Bowman said Gulf usually considers
Dec. 1 the time to have peak stocks in
order to insure adequate coverage
during the winter. Carter originally
set Oct. 1 as his target, but later
moved that to the end of October.
supply this winter, it appears to e
have caused two important side ef-
fects: sharply increased prices and
a looming prospect of gasoline lines 1
next spring.
rease in profit margins in this indus-
ry since 1973 when heating pit was
irst put under price controls."
Those controls were removed in
976, but a soft market for heating oil,
which is being used in fewer and
ewer homes each year, has prevented
the industry from increasing profit
In ordering the oil industry to have
240 million halTels of home heating
oil in its tanks by the end of nextalias
Administration economists antici-
month at all costs, the Carter admin. pated, for example, that norma petro-
is trat ion also:
leum consumption during the fourth
? Allowed the oil industry to -boost quarter of 1979 would be 6 percent
heating oil prices more than 50 per- above a year ago and 9 percent above
cent since January, including an equal 1977, based on another overly o ptimis-
boost in refiner margins (which in- tic estimate that the gross national
eludes profits) during that time, product would jump 3.5 percent in t
? Forced the industry to stockpile 1979. Instead, it now appears, demand
so much heating oil as insurance is dropping as a recession takes hold. P
against shortages that it may have to And, the DOE forecasters paid little a
cut back gaSoline production for lack attention to the impact that inanda- e
of storage space. tory heating standards and sw tching T
The latest Energy Department fig- to natural gas or other fuels would"
ures show that home heating oil and have in reducing overall consuription.
diesel fuel in refiner storage tanks Those factors, it now appears, will re- L
reached levels slightly above what suit in significant reductions in con- n
they were at the same time last year. sumption.
And if refinery production contin- And, finally, the DOE forecasters si
ues at its present level, it appears the made no adjustment to their eonsump-
n
industry could have as much as 255 tion projections to account for the im-
million barrels in storage by Presi- pact higher heating oil prices would s
dent Carter's deadline, have on its use by residential corn- 0
But the price for that abundant sup- mercial and industrial users. oi
ply has been high. Heating oil prices "We always thought the 240-million- ta
have gone from about 50 cents a gal- barrel level was .too high," says Ted st
Ion last fall to about 87 cents a gallon Eck, chief economist for Standard Oil o
today, a jump of around 75 percent. of Indiana. "I thought 210 or 220 mil- d
And there are indications now, ac- lion barrels had more logic. We fi
-ording to DOE officials, that a large thought there would be a recession, sh
7iortion of that increase came in the and that higher 'waling oil orices at
_'orm of industry profit boosts, would repress demand. I haven't met
At a time when prices and profits anyone who uses heating oil will, isn't "i
would under normal circumstances doing something like wearing a tw
drop because demand for heating oil sweater or just turning down the dial B?
was dropping, just the opposite has to reduce the amount of heating ?oi12
happened. Approthed.for Release 2003/06/20 : 01
Departing Deputy Energy Secretary
John O'Leary now defends the 240-
million-barrel figure by saying 'we
had no choice." He said the adminis-
traton was so concerned with insur-
ing supplies for the winter that it had'
built 'in an additional 20 million
"fudge factor" into the 240-million-bar-
rel figure, in case the winter was an
extremely bad one.
But, Bowman says, "O'Leary never
talked to us about any 20-million-bar-
rel ffEff."
The problem with the government
projections may be that they were mo-
tivated more by political considera-
tions than economic ones, administra-
tion sources say.
Participants in the interagency task
force on energy set up by Carter say
that during that group's meetings, the
question of Carter trooping through
the snows of New Hampshire during a
heating oil shortage was raised sev-
eral times. That risk, they were told,
had to be avoided at all costs.
At the same time, administration in-
siders report, little consideration was
being given to the meaning of the
statement "all costs."
Besides creating a fear of shortages
hat did help to push prices up, the
administration warning to refiners to
roduce huge amounts of heating oil,
nd fast, sent scares through consum-
rs, particularly in the Northeast.
hat situation resulted in a willing-
ess on the part of consumers and re-
aders to pay abnormally high prices
o be insured of a supply that may
ever have been in doubt.
And now there is a new dangerous
de effect looming on the horizon:
asoline shortages next spring.
"We are worried about having too
uch heating oil in primary storage,"
aid Standard's Eck. "We run the risk
f producing so much more heating
1 than we need that our storage
nks will be full when we have to
art producing enough gasoline. If
ur tanks are full, we have to shut
own refinery capacity and only re-
ne the amount of product we can
ip every day. We can't drink the
uff."
"When you have too much heating
1, which it appears we may, one of
o things can happen," says Gulf's
wman. "Either you broker it to
?
meone else ? whicha 304-1
probably be in the same situation ?
CPYRGHT
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OIL, From Al
or you reduce refinery runs. And that
means less gasoline. If we have to
curb refinery runs because we can't
store the oil, we have to cut back gaso-
line production.
"What we are doing," he said, "is in-
viting gasoline lines next summer."
Still, there are ,others who are
happy to:, see sp. Much heating oil
around. -.? ,
"I thought the240 was a proper tar-
get when I heard about it, and I hope
they keep at it and even pass it," says
John Buckley, president of Northeast
Petroleum outside of Boston, one of
the largest resellers and wholesalers
of heating oil in the country.
Buckley said his firm is moving out
stocks to retail dealers faster than
last year because "we don't have
enough storage to contain what we're
getting."
But, he says, "extra protection
[through increased refining] is the
prudent thing to do. If it Causes con-
tainment problems to refiners, that's
too bad."
He admits there is a risk of a
tougher gasoline situation in the
spring, but said that was acceptable
because "we don't want to play rail-
ette with a problem as important as
keeping warm:" ?
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CPYRGH-T
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OIL, From Al
or you reduce refinery runs. And that
means less gasoline. If we have to
curb refinery runs because we can't.
store the oil, we have to cut back gaso-
line production.
"What we are doing," he said, "is in-
viting gasoline lines next summer."
Still, there are others who are
happy to see so much heating oil
around.
"I thought the 240 was a proper tar-
get when I heard about it, and I hope
the; keep at it and even pass it," says
John Buckley, president of Northeast
Petroleum outside of Boston, one of
the largest resellers and wholesalers
of heating oil in the country.
Buckley said his firm is moving out
stocks to retail dealers faster than
last year because "we don't have
enough storage to contain what we're
getting."
But, he says, "extra protection
[through increased refining] is the
prudent thing to do. If it Causes con-
tainment problems to refiners, that's
too bad."
He admits there is a risk of a
tougher gasoline situation in the
spring, but said that was acceptable
because "we don't want to play robl-
ette with a problem as important as
keeping warm."
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a
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010PILLIM
Thursday
July 5, 1979
Part V
epartment of
En rgy
Emergency Building Temperature
Restrictions
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Federal Register
Vol. 44, No. 130 / Thursday, July 51979 Rules and Regulations
eemeeeeeeeeeee emeeseemsee.
Dall'AFCITSENT OF El-IERGY
10 CFR Part 490
[Ocezet No. CAS-RSA-Th-109]
Eirtergency Building Temperature
Restrictions.
AGalltOY: Department of Energy.
ACT= Final rule.
sue=sene: The Department of Energy
(DOE) today promulgates final ?
regulations to implement "5tandy
Comervation Plan No. 2, Emergency
&Aiding Temperature Restrictions" (the
Plan), which place temporary,
emergency restrictions on temperature
set-doge for heating, cooling and hot
water in commercial, industrial and
other non-residential buildings in order
to reduce energy consumption. The -
regulations will become effective on the
effective date of the Plan.
, Them regulations prescribe specific
heating and cooling restrictions of 65' F
and 713 F. respectively, for simple and
complex heating. ventilating and air ?
conditioning systems, heating set back
requirements for periods when buildings
are unoccupied, and temperature
restrictions of 105' F for hot water used
for personal hygiene and general
cleaning. Building owners and operators
fire required to post a certificate of
coaripliance with the restrictions in a
prominent location within each building.
The regulations exempt certain
categories of buildings or portions of
buildings from the temperature
requirements of the Plan. Standards and
procedures are established for states
seeking exemptions on grounds thaf a
comparable state plan is in effect. The
enulations provide procedures for
? federal enforcement of the mandatory
temperature restrictions and contain
penalty provisions for violation of those
restrictions.
?V aFFECTIVE DAM These regulations will
become effective on a date determined
by the President and transmitted to
Congress as the effective date for
_ "Standby Conservation Plan No. 2.
Emergency Building Temperature
Restrictions."
FOR FURTHER INFORMATION COMTACTI:
Henry G. Bartholomew, Office of Buildings
and Community Systems, Office of
Conservation and Solar Applications. -
Department of Energy, 20 Massachusetts
Avenue. N.W.. Room 2221C, Washington.'
D.C. 33585 (202) 376-647a.
Peter I. Schaumberg. Office of General
Counsel. Department of Energy. 1728 M
S(reet. N.W.. Room 510, Washington. D.C.
20401 (Zr) 834-5545.. .
Mary Doyli.t. OM... of Gen era! Cour2ii. Vwet; determined that there are .
Departnymt of Znergy, ,-..) Matcach=ztiz ' evificant problems associated with
Avenue, N.W.. Room 22 0.C. Wa:hiaaton. checking, compliance with most
D.C. 20585(202) 378-4100. ? ? - -V alternative conservation techniques.
Donald Creed, News Moira Contact. ?Fees .7 - Also, relaxation of the cooling'
Services Office, Department of Energy. ? , restrictions to 78? F, discussed below..
1000 Independence Avenue. N.W.; Room eliminates many of the operational
8E082. Washington. D.C. 205a5 (202) 25,2-
? ? ? .?.: ., ; - difficulties which may have resulted
* 5808.
". . from the 80' F limit and which prompted
. .
SUPPLEMUNTARY INFORMATIOM . V .. . these alternative proposals.
L The Proposed Regulation : -2 There also were reasons from a policy
, - - ? . _ standpoint to reject these proposals.
On June 1, 1979, DOE issued a police . . Permitting alternative conservation
of proposed rulemelcine and public .. a measures as a means of avoiding
hearing (44 FR 31922.. June 1,1979) . , . temperature restrictions would tend to
intended to provide for implementation favor those persons who have not
of the President'S "Standby . .... conserved in the past, and conversely
Conservation Plan No. Z. Emergency ? VV - would restrict to the 65-78' F
Building Temperature Restrictions" (the V V temperatures those persons who have
Plan), Placing temporary, emergency V done the most for conservation. We also
restrictions on tempereture settings for were concerned with problems of public
heating, cooand hot water inV . r V. perception of the program if certain
commercial, industrial and Mil- '.... -- .- buildings were more comfortable than
residential public buildings. Written . others, and with the possible
comments were invited, and public -- e competitive disadvantages which may
hearings were held in San Francisco. V V . result if adherence to the temperature
California; Chicago, Illinois: Dallas, restrictions was not generally uniform.
Texas; New York, New York; and .. -DOE encourages associations like the
Washinston. D.C. between June 14 and National Restaurant Association to
21. 1979. Over 550 written comments continue to develop and implement
were received and 110 oral . - these conservation technniques,
presentations were made at the five V - notwithstanding that they are not
public hearings. Commenters include included in these regulations.
representatives of a broad range of V Implementation of such measures,
trade Emociaihnia, -eeucational and together with thermostat restrictions.
cultural institutions, building owners will add measurably to this Nation's
and operators, business activities, and energy conservation effort.
private citizens from many sections of Many commenters recommended that
the country. -V the range of permissible temperatures be
The great majority of the comments V narrowed from the 65' F-430' F range
opposed some or all of the proposaL V contained in the proposed regulations.
Most of the commenters agreed that a Representatives of restaurants, health
comprehensive energy conservation spas and other physical fitness facilities.
plan is iiecessary in order to conserve. and retail stores, expressed displeasure
our dwirerilin.g energy reserves. Many with the proposed 80' F minimum for
comments were received which VV cooling. They cited expected losses of
suggested that other zonservatidra;q:ss. buidness from customers unwilling to
techniques be included In the Veeeeeee. --- f?eigeeiseeee asigefieelet discomfort. .
regulations as alternatives lb the ? V V reduced employee productivity, damage
specified temperature restrictions. For - to retail items, including food, from
example, the National Restaurant V spoilage or mildew, and jeopardy to the
Association developed a net of . , .-. . health of persons with allergies and
guidelines for restaurant operation V respiratory problems. Health concerns
which if followed wculd appear to Yleld also were raised for persons in certain
significant energy savings. Others age groups when exercising in health
suggested a percentage reduction V spas and fitness centers. Museums, art
altemaiive which would allow an galleries, libraries and archives
exemPttoo from temperature mat:tie:loos expressed concern that their collections
for any person who demonstrated thet might incur severe damage. Opposition
he saved a specified percentage of to the 65' F heating maximum was much
- energy use when compared to a base s more limited and emphasized presumed
period. . - ? . . reductions in employee productivity.
The inclusion of alternative V-
conservation methods was rejected for
several reasons. Firet. since these -
regulations are mandatory in nature
with penalties for non-compliance,
violations mustbe readily detectable. It
Building owners and operators noted
that some buildings have thermostats
with fixed temperature ranges whie
would have to be replaced if more
extreme temperatures were impo'
They also pointed out that maxi
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na.ca.aa VZILIMOILIZOP 111========3,10111.0.61111
buildings have combined heating and
eaohng systems which operate at
laximum efficiency at temperatures
,,ther than c.i? F and 80? F. A more
detailed ctmssion of the public
comments is included below in the
"Section by Section Analysis of the
Emergency Building Temperature
Restrictions Regulations."
DOE has carefully considered all of
the corrunents submitted. Many of the
suggestions for changes have been ?
incorporated into the final regulation. A
basic change in the overall approach to
implementation of the Plan is the
adoption in these regulations of a lower
minimum temperature of 78? F for
cooling and a reduction in the minimum
allowable dew-point temperature from
07? F to 65? F..These modifications are
adopted, in response to public comment,
oince DOE believes that many of the
concerns raised are worthy of being
addressed. In addition, building owners
and operators will be more willing and
able to comply with the reduced
minimum cooling and dew-point
temperature limitations and fewer
exceptions and exemptions will be
required.
A number of more detailed changes
have also been made in response to the
public comments received. For example,
a general exemption ismade available
for doctors' and dentists' offices.
Buildings which would require the use of
increased amounts of energy to comply
with the regulations are permitted to
operate in accordance with normal
operating practices consistent with
maximum energy savings, with some
limitations on cooling practices. Other
detailed changes were made in the
regulations and are discussed below.
II.Background and Brief Description of
the Final Regulations
Pursuant to sections 201(a) and (b) of
the Energy Policy and Conservation Act
(42 U.S.0 6201 at seq.) (EPCA), the
President developed and transmitted the
Plan to Congress on March 1, 1979. DOE
published a notice on March 8, 1979 (44
FR 12906) of the President's adoption of
the Plan. The Plan was approved by
resolutions of the Senate on May 2, 1979
and of the House on May 10, 1979.
Section 201(b) of the EPCA provides that
to put the Plan into effect, the President .
must submit to Congress his finding that
the Plan's effectiveness is required by a
severe energy supply interruption or in
order to fulfill obligations of the United
States under the international energy
program, together with a statement of
the Plan's effective date. Under section
201(a) of the EPCA, the Plan, once
implemented, will remain in effect for a
period no longer than nine months, require that affected building owners or
links 3 earlier terminated or suapended
by the Pnsident. Secti 9(a) of the Plan
autborcs DOE to hoc lament.
administer, monitor and enforce its
terms, to determine exemptions, and to
promulgate regulations as necessary and
appropriate.
The objective of the Plan, and DOE's
intent in formulating these regulations,
IS the achievement of a significant and
immediate reduction in energy demand.
In its May 1979 "Report to the President
on the Energy Supply Interruption," DOE
has concluded that continuing reduced
levels of world crude oil production
have reoulted in a severe national
energy supply shortate which is ?
beginning to have a major adverse
Impact on the national safety and the
national economy. The enforcement of
mandatory conservation measures, such
as the building temperature restrictions
contained in the Plan and these
regulations, is required to help meet the
shortage. Current petroleum product
shortages in the United States are
principally with respect to gasoline and
distillates, including diesel fuel. Stocks
of distillates are significantly below
levels for the comparable period of 1978
and DOE is seriously concerned that
unless stocks are built up, adequate
amounts of heating 011 may not be
available for the hea Ping season. These
regulations directly assist in this regard
by reducing electricity demand and
demand for heating oil in winter. In the
cooling season, for many utilities
significant amounts of peak load air
conditioning demand is met by distillate.
By reducing this demand, the Plan and
the regulations will directly address the
distillate shortage situation and assist in
ensuring that the nation has adequate
heating oil in the coming winter.
The Einal regulatioas prescribe
specific heating and cooling restrictions
of 65' F and 78' F for both simple and
complex heating, ventilating and air
conditioning (1-11/AC) systems, heating
set bees requiremenrs for periods when
buildings are unoccupied, and a
temperature restriction of 105? F for hot
water used for personal hygiene and
general cleaning. As authorized by the
Plan, residential buildings, hotels and -
other lodging facilities, hospitals and
other health care facilities, elementary
schools, nursery schools and day-care
centers are excluded from coverage. The
regulations make general exemptions
available to certain other categories of
buildings or uses within buildings. In
addition, a procedure is established by
which individuals may apply to DOE for
specific exceptions based on special
hardship or inequity. The regulations
operators must self-certify their
compliance with the restrictions or their
eligibility for exemption.
The Plan authorizes states to seek
exemptions from building temperer, -a
requiremer.ts on grounds that a
"comparable program" is in effect. Tr.,
regulations establish standards of
comparability and a procedure for
granting state exemptions. Finally, the
regulations set forth Federal
enforcement procedures and penalre
provisions for violation of the
temperature restrictions.
III. Section by Section Analysis oft!
Emergency Building Temperature
Restrictions Regulations
Subpart A. Scope and Definitions
? 490.1 Scope. Section 490.1 is
essentially the same as proposed. wmtn
the addition of a provision that the
regulations shall supersede inconsi.ve-r.?
Federal orders, regulations and
directives. The purpose of the adds
provision is to make building
temperature restrictions uniform am::-;
Federal buildings and between
- government and privately owned
buildings. In response to the questior
raised by several commentene the
regulations, once effective, will
supersede any lease provisions whee-
are inconsistent with the regulations
? 490.2 Effective date. Proposed
? 490.2 provided that the regulations
would become effective on July 1. -is-,
or another date specified by the
President. This section now provide,
that the regulations will become
effective on a date specified by the
President as the effective date of the
Plan and may be terminated or
suspended by the President, or will
terminate on the same date as the F.C.7
terminates.
? 4923 Authority to contract or
delegate. Section 490.3, which providee
that DOE may delegate or contract fr.!.
the carrying out of its functions unde
these regulations, id unchanged. In tise
preamble to the proposed regulations
DOE stated its intention, pursuant te
section 9(c) of the Plan, to delegate::
each state Governor requesting sue's:
delegation, a substantial portion of tee
authority to implement the Plan. Ot. zs
18, 1979, DOE issued a notice of inte-n:
(44 FR 34965, June 18, 1979) which as:
forth the duties and authorities to be
delegated to states requesting delegese en
. and the amount of Federal funds wL-
will be available to states to which
delegation is made to meet the COS:: 7
their implementation activities.
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39358 Federal Register / Vol. 44, No. 130 / Thursday, July 5, 1979 /Rules -and7rgulations ?
Pena .4e-thority to issue orrler3 and
guidelines. Section 4Ce 'Is unchanged, -
and provides that DO.. ay issue orders
and videLirces as necssay to implement
these regulations.
? 49)5 Definitions. Most of the
definitions which were proposed in the
June 1. notice have been adopted as
proposed. Several definitions have been
modified after consideradon of the
public comments. The definition of
"ASHR-kE- has been deleted.
Definitions were added. for
clarificaton. for "cooling season" and
"heating season". The "cooling season"
is defined as that season when energy is
consumed only to lower the temperature
of a building. Some systems, e.g., reheat
systems.. may be operated so they never
have a cooling season, where, for
example. the reheat function is
operating for the entire year. Similarly.
"heating season" is defined as that
period when energy is-consumed only to
raise the temperature of a building.
Other periods of the year are neither
heating season nor cooling season. For
example. heating energy may be
consumed to warm a building in the
morning and cool it in the afternoon.
These periods do not necessarily.
correspond to the four seasons of the
year.
The dinni6on of "dry-bulb
temperature" has been expanded to
include alternative definitions which
Incorporate an adjustment for the effects
of thermal radiation on the building
occupant. this adjusted dry-bulb
temperature can be based on generally
accepted industry practices, which
Include, for example, the mean radiant
temperature. This allows adjustment of
the HVAC system to account for
radiation gain from sunlight through
windows, and for radiation loss through
windows. Incorporation of the
adjustments. however, is a difficult task
and may require the assistance of a
professional engineer.4.
In response to several public
comments, a definition for "elementary
school" has been added.
The definition of "hotel and other
lodging facility" has been modified, in
accordance with the suggestion of one
commenter, to include buildings where
sleeping and lodging accommodations
are provided in the ordinary course of
business to members of a private
membership organization or other
private facility. All restrictions and
exemptions in these regulations apply
equally to public and private facilities.
"HVAC systems capable of
simultaneously heating and cooling" Is
defined to mearSthose systems,
primarily in large buildings, which are
?
capable of besting one Too 11 or set nf the depigri specifications of most HVAC
-
rooms, e.g., piximeter rano- a in 4d systems. In addition, at the public
weather, whi'A at the saint time cOoling hearings on the proposed regulations
another room or set of roorne, ega many speakers indicated that while the
Interior rooms which must be air . 80 F level was a serious problem. a _
conditioned even during cold weather. minimum level of 78' F would be
"Occupied period" were redefined to acceptable. Assuming that people adjust
include only that period during which their clothing styles, we believe that
the building is used for Its normal there should be little difficulty in .
functions. Reference is made to section adjusting to the 78' F level.
490.14(a)(4)(ii), which allows operation -One major concern of restaurant
of the HVAC system before the
occupied period to bring building
temperature to the authorized limits.
The definition of "residential
building" has been clarified so that
owners was that kitchens willbe
significantly hotter if the dining room
temperatures are raised to 80? F in
restaurants where kitchens are cooled
by the exhaust air from the dining
residential building lobbies and

rooms. We anticipate that lowering the
hallways are included within the allowable temperature to 78? F will keep
definition, but business or commercial the kitchens in a tolerable temperature
range. However, it should be noted that
if the kitchens are on the same HVAC
system as the dining rooms, ? 490.17(a)
would allow the kitchen temperature to
be used as the criterion for setting the
space-conditioning control devices. The
description of the compliance regulations do permit operation of the -
kitchens at 78' F; in such circumstances,
measurement technique. the dining rooms would be cooler.
A definition was added for "solar
energy" because of
Another important consideration in
the many corn-meats.
lowering the minimum allowable cooling
received. This definition refers to direct t
temperature relates to the necessity to
solar heating and cooling, solar electric
ensure a high level of compliance with
power generation. wind energy, biomass
the restrictions. If the public perception-
(such as wood) and small scale water
power. It does not include indirect use of of the building temperature restriction
regulations is that such regulations were
these sources, such as hydro-generated
unfair or excessively burdensome,
electric power purchased from utilities. - compliance with the regulations could
since this energy may be used to
suffer significantly. Since the
displace foesil-generated, electricity, cooperation of building owners and
Subpart Be?Heating and Cooling operators is critical to achieving
Restriction@ meaningful energy savings, the revised
minimum level should actually have a
Two overall changes have been made positive effect on energy savings.
with respect to the temperature The anticipated savings from
requirements set forth in this Subpart. implementation of the 85? P heating and
First, DOE has decided to lower the the 78? F cooling restrictions would be
minimum permissible cooling approximately the same as, or slightly
temperature from ert 11 10 78' F. This higher than, the previously estimated oil
change was made for two reasons. savings range of 190,000 to 375,000
Comments from representatives of barrels per day. The economic analysis
restaurants retail ?tares and other prepared in conjunction with the Plan
businesses cited expected losses of assumed average building termostat
business from customers unwilling to settings at the time the Plan would be
experience eignificant discomfort implemented of 88? F hi the heating
reduced employee productivity, damage season and 77? F in the cooling season.
to retail items from mildew, and other Based on information generated in the
problems. Also, we believe the energy public hearings, we now believe that
savings potential of the 78' F restriction current temperature levels in buildings
on cooling is equal to or greater than the covered by the Plan fall within a
possible savings which would be narrower range, probably 70' F to 71 F
achieved under the 80' IF limitation, due in the hee'ing season and 75' F to 78' F
to increased voluntary compliance. ? in the cooling season. If the other
In our view the revised cooling previous assumptions in the economic
minimum of 78' F addresses adequately analysis of the Plan are retained,
the concerns raised in tSe comments. A anticipated oil savings using these
dry-bulb temperature off 78' F is within temperature levels would rise by
_ the comfort tone commonly accepted by between173,000 and 240,000 barrels of
HVAC system engineers, and is within oil per dee over previous estimates. The
_
areas on separate liVAC system
controls are not.
'The definition of "room" was
modified to refer to areas contained -
within floor to ceiling partitions. This
modification allows a more meaningful
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reduction in oil savings that cei 'be
anticipated from lowering the et lag
standard from 00? F to 78' F is
approximately 120,000 barrels of oil per
day. Thus the reduced oil savings from
utilizing a 78' F cooling restriction
would at a minimum be fully offset by
the increase in the savings estimete
from our use of more current
assessments of building temperature
levels. Finally, we note that these
savings estimates relate only to the
direct or indirect use of oil; additional
savings from other energy sources, such
as natural gas and coal, might amount to
at least half again the projected oil
savings from implementation of the
Plan.
The heating restriction of 85' F has
been retained as proposed. The major
reasonfor adheringto the 65 *F
limitation is DOE's serious concern that
unless existing stocks are conserved, the
supply of home heating oil may not be
adequate in the coming heating season.
In addition, opposition to the 65? F
heating limitation, as expressed in the
public comments, was substantially less
than that directed to the proposed
cooling restriction.
The second major change In this
Subpart is that we have lowered the
dew-point temperature from the
proposed 67? F to 65? F. Many
commenters expressed concern that the
level set forth in the proposed regulation
was too high, particularly in humid
regions of the country. The humidity
level set in the final regulations is still
relatively high. However, it should be
noted that HVAC systems work in such
a way that we expect the high humidity
conditions to occur only under rare
- circumstances. With normal operation
of the HVAC system to maintain 70' F,
the dew-point will be close to a
comfortable level of 61' F. Only under
the unusual conditigns of high latent
? heat loads would the 8.5' F dew-point
-humidity limit ever be encountered.
Many comments were received from
restaurant owners who stated that they
need comfort conditions significantly
better than available in the home if they
are to draw customers. Restaurants do
have high latent loads and therefore will
operate near the humidity limit of 65! F.
However, the additional discomfort in
' redoing the dew-point temperature from
81 F to the required 65' F minimum is
not considered. significant particularly in
light of the reduced minimum cooling .
temperature level-adopted in the final
regulations, and the provisions of
? 490.16 allowing use of ventilating fano.
The use of relative humidity, rather
than dew-point, was suggested by many
commenters, because -relative humidity
La easier to measure. We recognize the
measarement difficrIty and have listed
several methods by which dew-point
can be inferred. Dew-point was chosen
as the criterion because the upper limit
of comfort, according to common
Industry usage. is Lased on dew-point. ?
and not on relative humidity. The
cooling of the human body, for example,
Is known to depend on dew-point rather
than relative humidity, for any given
dry-bulb temperature. Therefore,
although the measurement technique is
more complicated, the measurement is
more meaningful for defining the limits
of a comfort regiore In those few cases
In which relative humidity is controlled,
the operator will want to experiment
with several relative-humidity set points
until the proper dew-point is attained.
g 490.11 HVAC ystems Without
Capability forSimultaneous Heating .
and Cooling. This sectiOn of the .
regulations is virtually identical to that.
in the proposed regulations; however, as
already noted, permissible dry-bulb
temperature has been-reduced from
80. F (as proposed) to 78' F, ahd the
permissible dew-point temperature has
been decreased fram er as proposed
to Ob F. . ?
? HVAC Systems With
Capability for Sinlultaneous Heating .
and Cooling. Many Comments were
received concerniig the appatenUy
simplistic manner in which the complex
HVit.0 systems of large buildings were
treated in the proposed regulations.
Many of the cornr tents arose because
the proposed regulations did not clearly
Indicate that an operator was expected
to shift his compliance technique to suit
his eituation. For example, if the
operator finds thee holding the cooling-
poll temperature to 55? F Is adequate in
the intermediate fieasons but not in the
cummer, because room temperatures
exceeded 78? F. we would expect him to
? change compliance techniques from ?
control of the cooling-coil temperature to.
maintaining the-hottest room at 78? F. ?
Other comments =smarting complex -
systems were directed toward the ? :
numerous therviostats which would .
require adjustment. When the
--temperature sensors are placed In the
return ducts, the adjustment could be
- extemely costly. We would expect .-
? operators facing fliis problem to elect
the compliance techniqu2 in which the
cooling-con temperature is maintained.
at 63' F. since the cooling coil can be
controlled at the central plant As
disdusced below we have added the
provision that if an alternate control -
etretege can be devised for whet the
operator defines as the Intermediate
seaaon (when jicatingtand pooling are .
both being euPplied to the building) and
this alternate strategy results in less
energy consumption by the HVAC
system than would be consumed if any
of the other methods of compliance we
met, then the operator can use his
alternate strategy.
Other than the alteration in
temperature limits, no changes were
mad,e in the temperature range
requirements available to all HVAC
system operations as one method of
complying with the regulations. Als:?
there are no changes to the requiremeets
for operators of fan-coil, induction. cre
baseboard (or similarly operated) units-
except that emphasis is placed on the
opportunity for operators to choose
among compliance techniques so that
human comfort is maximized. Therefore.
the operator might choose to keep the
coolant to the cooling cods at 55 F
during the intermediate seasons.
However, the 55? F may not be sufficient
to keep the room dry-bulb temperatere
belovi 78' F, in which case the opere- :7
may switch to the temperature range
alternative, set the cooling level bete
55? F, and bring the temperature dose= to
. Pr F. Such switching of compliance
. techniques may be made as often as the
operator desires.
The regulations imposed on heat-
pump operators remain unchanged.
except for the new temperature limits
Some minor clarifications were
Introduced into the language concer="ase.
"all-air" systems. In addition, the new
temperature limits were incorporate-et h-
? response to comments received, we
have added, first, a section emphastemme
that the operator may change his
compliance technique as many times as
he desires and, second, that alternate
temperature set points may be used if
these result in more energy savings than
would be realized if the temperature
?eattinge of 85' F and 78' F were used. A
hi:eased professional engineer must
certify his analysis that shows that the
alternate temperature set points eriM
save more energy than if the specee
?settings were used. This greater saireng
in energy may be realized over any tele
period. For example, the ittermedwea?
settings may save more energy only
during the Intermediate season. in which
case the operator may use (and is
encouraged to use) these intermediate
-set points during the intermediate
Season, while reverting to the specie
-
settings during the heating-only and
cooling-only seasons.
? In introducing the change to
? accommodate intermediate sett:Laza that
'save more energy, we have retained the
provision that the liquid coolant
,aupplikd to the cooling coil be ems' r- ,
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?
or that the air temperature leaving the i-
v:0litre v-el be at tin? F, to ensure tthat_
. 7;
achievable by len,
dehusmktirirution are not circumvented '
by the 'users Of the Intermediate set
points. If the 55? For 60? F limits do &A-
provide enough cooling to keep. the room ?
temperatures below 78" F, the operator .
would probably want to switch
compliance techniques to the. "
temperature range alternative, in which -
the compliance is measured by the room
temperature being not less than 78? F,
rather than the engineer-certified ':?-?-?
_ _
alien-mare.
? .
Ls certifying that less energy Will be .
? used the engineer need establish only r'
these temperature levels "consistent -
maximu.m energy savings; die&
not demonstrate that no other settinee
would achieve greater savings. The- 'n -
'emphasis and requirement is that the
- alternate technique must, under normal':
eirenecestancea and weather and building
usage, save more energy than would be'
saved if the 65' F-76? F settings were
used. Any false certification by an -
engineer would subject that engineer to
the penalties provided in tihe
repi1iations.?
Comments were received expressing
the concern of many regarding the cost ?
of equipping buildings with new
thermostats which automatically
messerenat temperatures ithin specified
ranges. and the cost of constantly
changing thermostats. The regulations
do not require equipping's building with
a new thermostat since one of the other
compliance strategies may be chosen.
The costa of changing the thermostats
and rebalancing the HVAC systems may
increase the man-hours required;
however no feasible alternative could be
developed which would not provide a
major 'loophole allowing the spirit of
these regulations to be circumvented. In
addition. it is oat expected that the short
time c;paa (nine months) in which theih"
rations will be effective will regidie':
unreal:enable numbers of adjustments. ?
We have attempted to anticipate the
operation of all types of systems, and
the aciZticen of new subsection 4n0.12(e)
permits great latitude in compliance. ?
However, In case we have not foreseen
some circumstances, owners and
operators may apply for an exception -
under g400.32.
4 490.13 Requirement for accuracy of
space-conditioning control devices.
Several comments were received asking
for a specific definition of the allowable
range for accuracy requirements for the
space-conditioning control devices.
However, there is ouch a variation ? ?
among types of devices that ;any specific
range, such as IF suggested be one,
IBM
cornmenten would not Tie proper for all ? persons With sedentary jobs in areas
types of de.'ile-e.-',.'"17:sa einent of the where temperatures cannot be precisely
regerlatisa . etnee a ceeees 7controLled. regulations allow for
coutrOi ? ':q.c..?3 .184iiataefi control of the Portion of the HVAC
reasoneb., kierancea eCc---n-acy ? aysteni co that the extreme temperature
be interpreted in light of the accuracy of :* in the area controlled by that portion of
commerciady available devices in the ?-?'- ? the system is within the authorized -
price range that Is-actually used In the - - limits. In addition, heaters can
building. be used where necessary to raise the
. . a ? -..
?400.If: Regular= If ":4 1 ;4
Temperatavs During Unoccupie
Periods. 4N1.14 eatablishea
HVAC syclera operation restrictions for , ?
buildings during unotectieled periods.
The changer, made to thsrestrictions
Include a recognition that the_ontdoor
air temperatures which ,3overn the scopei
of the 1-.,estsic,dons applicable during the
unoccupied period need oply be the
anticipated temperatureie not actualtemperatums. In addition. an option Tina
been included*hich allows setting the
opaCe-conalorthag central device at m""
temperature to 65 F. Changes in ?
clothing habits for affected individuals
also will reduce the potential ?
discomfort.
I 490.18 Use of Ventilating
Equipment. This section remains
unchanged from the proposed
regulations. Energy usage for fans and
pumps (except heat pumps, or
compressors) is not restricted.
Continents were received Indicating that
In some HVAC systems the fan and
pump requirements may consume a
significant portion of a building's total
F or lowers or at its lowest set point tt energy requirements. However, the
higher thee nr P.- enc. s' ''s-- .-- le dominant enerey consumption is due to
Operatiott of the ifliAC system Ian? the refrigeration equipment, so a net
longer restricted to the Cwo hours before encriey saving is to be realized. Any
building onening. Severs] of the ?-? increased air flow in the summer, due to
- comments, particularly from warmer ' - the Genteel or portable fans, will make -
climates, pointed out that it was - the higher temperatures and humidities
necessary to begin cyst= operation more tolerable. Therefore, no limitations
more thate two hours barite occupancy , are placed on fan use, and use of fans to
In order to reach opetiling - circulate air for increased comfort is
temperatures'Alzo, the load . ." encouraged.
requiremeat on utilities if all'units g 490.17 Measurement Techniques.
began operating at the same time would Since a portion of an HVAC system may
not be manageable. Therefore, the final regulate the temperatures in many ,
regulations authorize HVAC system rooms simultaneously, rooms will be
operation during the unoccupied period difficult to regulate precisely. The -
as far in advance as is necessary so that preamble to the proposed regulations
the authorized temperately levels are recognized this problem, allowing
reached simultaneously with thetemperatures to be measured in the
beginning of the occupied period. ?
" room with the extreme temperatures.
Additionally,. operation of HVAC To clarify this issue, the regulations
systems during unoccupied periods Is . have been changed to allow that if any
authorized where a public utility or room whose temperature is controlled
district heating argent requests such . by a portion of an HVAC system is in
operation for load mestrgentent? .r,- n compliance with temperature
purpereein'efrt"...h.?"?.:anl'it reetrictiond, all rooms whose ?.
tenefied;- temperature is controlled by that same
regarding the ability of the operator to' portion of the system are deemed to be
anticipate the minimum outdoordry-in compliance. 'Thus, the room on any
bulb temperature during the unoccupied one system with the extreme high
period. This should not he a problem -*,temperature when cooling. and the
during the hot ancrcold seasons of the extreme low temperature when heating,
yeah During the mild soasona, the ?may be the room measured for
operator-b expected to use his best
judgment. In any event0 the additional
energy consumption caused by not using
the setback in those periods will be
minimal. V
? 490.15 Auxiliary Heaters. This
section Is identical with the one in the
proposed regulations, and prohibits use
of auxiliary heaters to raise the loom
temperature above 65? F. Commenta
were raised about discomfort, ?
particularly for secretaries and other
a
determination of compliance.
Another change to this section
authorizes an option for the calculation
of thy-bulb temperature by taking the
mean of the temperature at the center of
the room, and at the center of and two
feet away from each of the exterior
walls. If there are no exterior walls, then
the temperature only is measured in the
centee of the room. Also, for HVAC
systems in which temperatures cycle,
- the temperature may be taken as the
a
,
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average of several equally cpeced
ineasurements over a period of time.
The appropriate time period may be
determined by the inspector and the . . Controls. No changes were trolde in we
operator to account for system cycling - 105. F domestic hot water restriction. e
as deemed au
This was iii most
differences among buildings. ?
cases to provide hot tater for personal
? 490.18 Exem,ptions from I-leafing en
hygiene or eeneral cleaning .
S9350
Subpart: Ca?-ifleetrearn:-; !?(.1 Vietter
? 490.21 Itegukticn of HOt WC2LEif
;
nrovidee the es* enuroe of wear
tt -
caier; ergy. If a backup system is
? oeerating in conjunction with the create
? heat system. the -exemption is not
available. . .
- D. Exemptions
? 490.31 General Exemptions. A
andCoaling RestrictiOns. Sections requieements. Some eysteeas will have large number of the public comments
(a)(2), (3), and (4) have been modified to.. problems maintaining that temperature addressed the exemptions provisions; of
emphasize that 1-1VAC systems using for the entire utilization period due to - the proposed regulations. Some, for
solar, waste, or similar systems which . capacity restriction. Operators of these - - example the restaurant and retail food
will in fact save no energy if not systems may wish to develop preclicea industries, sought inclusion of additional
operated to heat or cool the building are which ea conserve eheir hot mere exemptions in the final regulations.
exempt only during those periods they . supply for priority needs, such as Others, such as museums, also
provide the only source of heating or showere These can include shutting off requested clarification of the
cooling energy. When backup systems
are operating, either separately or In ,
conjunction with the solar or other. ,
the hot water moldy to el-nits, for exemptions provisions as proposed.
example. In addition, operators can These comments have been carefully
place a mixing valve between th. e tank coseidered, and changes have been
and the nearest tap, which will ernirter ? made ineesponse to some of the
? system, the exemption is net avatlabbe. .
This section requires, for example, solar tank operation at a ligher temperature. V.: suggestions received.,
assisted heat-pump systems to opera4 ..1 . 5 49ag.2 4:Im3m meat at Domestic... e . Section 420.31(a) has been modificei to
within the fee? F-78? F teseePerat7a.-----i Hot WateeTterageee pee. Thie etiegen age eiovide that exemptions are availalet
limitations while the heat pump ? ? ?? ? 't remain e Unchanged from the previcena .? - from The requirements of subpart; B or C
compressor is operating. regulations, with the modification that of the regulations. The word 'of'used
Several comments were received the operator may ekct to measure the to indicate that persons may claim
-tank temperetu th
re at e tap neaeest the - exemption from either the heating and
stating that energy derived from the use
valve hot water tan.k. Thi.siermits the- cooling or hot water restrictions as they
of coal, natural gag, ore ther non-oil . affect the activities and uses set forth in
energy pewee ahould not be covered by instal-intim:1 of a nipthIS lve between
the tank and the tee; which will allow - this section. For example, a person
the regulations. DM has decided riot to cleirnitie exemption solely on the basi.s
e.apacity CO''' egererw lo be .
alter the proposed regulations In this - ,, rg ebee -gg ? .
respect. the Plan end the Implementing fgr4-:-,,,:ihtga.w..ex teompffairture. _In. that a. wandactarersa warranty, retittims
ta turii-RUlmire et M?4 '''''''V.t to - specific space temperature bevels to
mutations focus on energy . 10?5?F 4,y ealadng the it water yeah cold prevent damage to special equipment
. conservation, not only on ell water in the mif.i?-2,-zi -i-311.".3.. . . would qualify for exemption from the
conservation. Mich of the expected . . ? A 0 ? ,
u11.6,3..23 km.ushemmtce of Hut Wager heating and cooling restrictions in
savings will be in electricity used for Contra .Devices. Thw sPA;fiCat Zi= al Da S mb part B of these regulations, but not
apace cooling, epace beating, and hot ' unchanged from the pikaylorm . from the hot water temperature
water. Such saving); are meaningful In gegigagunge restrictions contained in Subpart C.
terms of meeting the everall goal of ? 40.24 Exempt-fan Frctm HIA water ? Similarly, when a manufacturers
reducing oil imports since regional Restrictiorm Severe I of the public . warranty requires specific water
pooling arrangements, seasonal and comments noted thet the prwcription of temperatures for the operation of special
other factors such as nuclear plant . a maxfmum hot evaier tweperatme of equipment, an exemption is available
shutdowns affecting the generating mho iee? F Ls incenelsteat with the Moderi , ? only from the hot water temperature
- and the Potential for "rTheelint3" of ? Retail Food Store Ei6tutfon Ora/lame . restricen. ?
electric power all can result in oil t. ? . prepared by gee, U.,fa. Food and Dreg : Section 4190.31(a)(2) is clarified by
savings. For example, surplup coal- 1 Administration (FD kla which wgvidea providing for exemption only where
generated power from one utility may be dish Lad utensil weehine water o e certain temperature and heinirlity leve
wheeled to replace normally oil- ,: . ? . temperaturea of WC? F. Othwidated ere ceitical to materials and equipment
generated power In another. A - ? ? : that certain is:A-et:eel ELTOoUtetS ot - . ? used in manufacturing, Industrial or
regulation with building temperately .e., , procees clean Tz,,,p precedures might . ? -?? commercial processes. Thule no
restrictions focused palely an oil uzaew require use of hot rtata ot temparatffe3 exemption Is available based en tilm
would not only be Impossible to develop higher than 1.25? F. ;3ectiza 4=1204 has personal comfort of Persons engaged In
or enforce within r?isorra.bate - - a - t been modified, in responee to th:sze - ? ? such a prtateetes. ? ? ?
expenditure levels but also would be . comtwate. to Scovirie exemption frean Comments were received from
highly inequitable im its hapente. ,.: the hot water re tions ?S' a- ? - ? representatives; of the retail food
The final regolatione also clarify the ?
provisions in cebeecdon (b) '
authorise builuige or portions; of -
builarmga which have FiVAC systems -
Incapable of handling the peak load
when occupied. Tee theatres or otter
large places of assembly, to precooL'
Preocoling only is authorized to the
extent necessary 1:6 that during Oak
occupancy, the temperature will reach
the autherited codbagle-vele: - ?
commercialpitmegi e3 and prow-so andIndustry and the restaurant industry
other clean up Nevada= tehruna Inquiring whether proposed
varying temperataxars are revaired.ta g 420.31(eN3) was intended to exempt
edditten, where the iMA nmettel . these industries from the regulations.
ordinance is adapted by estato cr local While kl,-2 comments expressed
-frindicticolat a mull)) ;?zuvRtes tact ? dissatisfaction with the cooling
Its pnwkions wool tomer-Bede ze -? temperature restriction provided In Se
requirements of thcse proposed regulation, most indicated
An e?reametiren-ree) has le= added ? - eccepttenoe of the heating restriction.
for domestic hot tarotret FolOttld W Section Ctn.31(a)(3) as dopted its
%tains weeteLent 4.r.e.-th no in,e...tat arreest changed from the proposal only in ther'.
systereA. but mike tedene: flee teneta tacX raw materiels, goods in process nad
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393ea Federal Register / Vol. 44, No. -`e30 Thursday, July 5, 1979 / Rule') and Regulations
_
fir shed ge-oda specifically have been
'included in this section, although illey
generally were included within the
subsection (2) exemption for commercial
processes. Section 490.31(a)(3) does not
provide a general exemption for the
retail food and restaurant industries.
However, where it can be demonstrated
that the operation of the cooling or
heathag temperature restrictions would
cause dangerously high bacterial counts
or Other unhealthful conditions in food,
an exemption is available under
490.31(aW3). With respect to
restaurants, reference is made to
? 49a17(a) of these regulations, which
provides that compliance is determined
by measuring for each space-
conditioning control device the room or
portion of a covered building with the
extreme temperature. Thus, a restaurant
building with the dining room and
kitchen on the same HVAC system
control device will be considered to be
in compliance with the cooling
restrictions if the system is operated to
maentaia the kitchen area at 78? F, even
though lower temperatures may result in
the dining area.
Many retail food stores stated that
ccrnpliance with the proposed cooling
restrictiou would result in an increase in
them current energy consumption
bees use of the additional energy
receired to operate refrigeration
equipment when building temperatures
increased. In this connection, e 490.12(e)
of these regulations provides specific
exceptions for persons who can
demonstrate that compliance with the
requirements of the regulations would
rese,:t in the consumption of more
energy than operation at some other
temperature level. Where higher
building temperatures result in severe
frost build up in refrigeration equipment
so that food cannot be properly stored,
4e-031(a)(3) makes available an
exemption.
Section 490.31(0(4) has been restated
to provide that an exemption is
available when required "to protect
plant life essential to the operation of a
business within a covered building,
materials or animal life." This language
is intended to make clear that an
exemption to protect plant life is
available only when the plant life is
essential to the operation of a business,
and rennot be claimed, for example, for
purposes of protecting decorative plants
in a business office.
Comments were received from
museums libraries, art preservation
associations and archival institutions
strongly urging exemption from the
heating and cooling restricilons where
necessary to protect museum _
collacConte-librardand erchival '
collectie,ne and hidator'cal collections
and ritneetores. An ex ?ress exemption
has not been included, since
? 400.31(a)(4), which provides for
exemptions where special
environmental conditions are required
to protect "materials", is intended to
make available exemptions when
necessary to preserve such collections
and structures.
In response to public comments from
physicians. dentists, and ?there,
? 490.3"i(a)(5) has been added to provide
an additional class of general
exemptions. These enemptiona are
based solely on a concern for health and
are not Intended to he available on the
basis of personal comfort. Under
? 490.31(a)(5)(i), an exemption is
provided when necessary to protect the
health of persons in the offices of
physicians, dentists and other licensed
members of health care professions.
Section 490.31(a)(5)(ii) makes available
an exemption to protect the health of
persons engaged in rehabilitative
physical therapy. This section does not
provide exemption for purely
recreational facilitieu, for example
howling alleys or indoor tennis courts,
or for exercise facilities not engaged in
rehabilitative therapy. Section
4g0.31(e)(5)(iii) exempts from the heating
restrictions only, buildings or portions of
buildings which house swimming pada.
This exemption is available only as
necessary to protect the health of
persons using the swimming pools.
One comment suggested that a
general exemption from the cooling
restrictions be provided where workers
are required to wear special or
protective clothing as the fob. Because
of the difficulty of defining necessary
special or protective clothing, and
determining approprlate temperature or
humidly levels where such clothing is
required, we have not provided ouch an
exemption. The exemption available
under 490.31(8)(2) relating to
manufacturing, industrial and
commercial processes, although it is
directed to materials and equipment
used in such processes is likely to
provide exemption for many of the
worker 3 referred to in the comment.
Where workers suffer special hardship,
a specific exception may be sought
under 490.32. In addition, no general
exemption has been provided where
unusually high exertion levels are
required of workers). Again, reference is
made to the specific exception
provision, I 490.32, for cases where
special hardship exists.
Many comments were received from
building owners and operators in the
e
couthern regions of the United States
concerning the high outdoor air humidity
levels and consequent high latent loads
Inside the buildings. Section 490.31(a)-(6)
has been added in response to these
comments. This section provides for an
exemption where damage to the
structure or insulation of a building will
result from operation of the HVAC
system according to the regulations. In
southern regions, this section may allow
the HVAC system to be operated with
more reheat or at a lower indoor
humidity. Condensation occurring on the
Inside surface of windows Is an
indication that condensation damage is
occurring in the walls. Section 490.31{b)
Is a new section which provides that
any exemption authorized by the
regulations is deemed effective when
claimed. This section refers to
exemptions only, and does not apply to
specific exceptions provided under
? 490.32, which under ? 490.32(a) are not
effective until granted by DOE. Section
490.31(b) represents a change from the
proposed regulation, which provided
that general exemptions would not
become effective until certification
requirements were met.
Section 490.31(c) has been
renumbered and revised in crder to
simplify the self-certification and
exemption requirements Imposed by this
regulation. As further described in a
later portion of the preamble, ? 490.43 of
the regulations provides that a building
owner or operator, generally the person
principally responsible for building
operation, must complete and post in a
prominent location within a covered
building, a single form entitled
"Certificate of Building Compliance,"
and submit to DOE a "Building
Compliance Information Form." Both
forms, which DOE will prepare and
distribute, will provide for description of
the nature of any exemptions claimed.
the portibns of the building claimed to
be exempt, and temperature levels
required in the exempt portions of the
building consistent with. maximum
energy savings. It is planned that only
one "Certificate of Building
Compliance" will be posted and one
"Building Compliance Information
Form" will be submitted to DOE for
each covered building. To facilitate the
completion of these forms, ? 490.31(c)
requires persons claiming exemptions to
provide the building owner or operator
with the information required for
preparation of the two forms.
? 4g0.32 Specific exceptions. Section
490.32 has been amended to include the
-requirements, set forth in 5 490.32(c).
that any person to whom DOE grants a
specific exception from the regulations
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;
? ?
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FederalRegh,Aer I V.01. ?141 No. lso i Thuredey, luly 5, ? 1970 h Rules and Regulatione e.
e
e.,.....--,,e, =4?:-..,?,A.,-,-_-.,.....m,-Trx ratr-,:r.....,claseerseveztrazz=36c:
? , .
must provide the briliding orrter,-?,-;ith all unacce.Ithble exreseitures of time end , ., required to br4,7 building teraPeraturre
necessary Inrormaticrri ri1e:111z to eau - . I-es ourc n. Seclica e2r 3.12 il based upon control d-evic - ,Atii Comp.-I:lance as
roca
Section 7 of the Ilan, r,v-bich provides ..: , .cs the regulathri i become effixtivir-
12 . .
exception. Section 490.32(c) parallels
? 490.31(b) relatin,e to general exemption
claims, and is included for the purpose
of facilitating completion by the building
owner or operator of the "Certificate of
Building Compliance" and the 'Building
that "way public utility or fuel
distributor shall male available to the
Secretary, upon request, information
deemed necessary by the Secretary to .
administer and enforce the Plan." After
F. Administrative Procedures
These sections remain unchanged
from the proposal.
C. Investigotions, Violations, Sanctions
Compliance Information Fenn." It consideration of the Issues involved. ondludicial Act,ons
should be noted that ? 490.32(a), ? -DOE hes decided to retain ? 4.90.42 as
referring to "Applic:ation for Exception", proposed in the final regulations. . . The public comment concerning
Incorporates by reference another part ' However, we rccognie the importance Subpart G of the proposed regulation
of the DOE regulations and does not of the 13513e3 raised by the public _ addressed exclusively the civil and
refer to Subpart D of these regulations. comments and are c.mtinuing to analyze criminal penalties provided in ? 490.63
? 490.33 sand ? 49034 Limitations of whether the information in question la (b) and (c). Several commenters
exceptions or exemptions; Scope of needed to administer and enforce the expressed the opinion that civil
exceptions or exemptions. These ? . Plan. Until this decielon has been made . penalties of not more than $5,030 and
sections received no public comment ? , e and these issues satisfactorily resolved, criminal penalties of not more than
and are unchasetl. e -- . : : DOE will take no action under 1 C0.0.2. 310,000 per violation are unduly harele
g 490.35 Exemption procedures for - ? : 5 49143SaiY -Ceitificritian, 44.3 : ? , ..,' . The penalty Provisions in ? 490.63(b)
states. Many of the public csimum-to ' discussed ehove, g '280113 has h-esea .. . i and (c) are required under Section 11 of
- received from stoic and 14=1 ?Melds, '?:t! revise:I toprovida thet the 91"alla Ci :!-.T. ,..?,-T the Plan. 'which Incorporates the Peaehle
business groups and Others addreseed .-:ec, operater of a coierid hullefing AO.; .i....-1 ,-. - Provisiang of 521 -and 525 of e:2
this section and focused particularly on ' post, within. 30 days of the effeCtivejaaie - ESCA (42 U.S.C. 8394, 0395).11 is Dated
the definitions of "comparable program" of the regulation. a "Certificate of that ? 490.03 (b) and (c) state the
and 'same alibied matter" contained in Building Compliance' in a Imminent.. -maximum penalties allowable and that
proposed e 490.35(d}(1) and (2). The location within a covered building. The lesser penalties are permitted.
comments expressed the view that the form has been desitnated "Certificate of /V, Additional Matters
definition of "comparable program" Building Cosnpliancs", rather than the
should be expanded to include elate prepeiee treading amine? . :- . _ . - En vironmenb21 Review
, plane mandating a percentage reduction Certificate", einem .t:e certification After reviewing the proposed -
In eneesy lone to he achieved by requirement is imposA upon owners 41. ".. regulations pursuant to DOE's ,
means other than temperature :- ? - ? operators. The Certi.E.,a?-? te, which will he responsibilities wider the National
, restrim l'oe suaestione haw " developed by DOE, will require the Environmental Policy Act of 1089 (42
much to recommend them. HOITE'VEZ. kw building owner or eperstor to certify U.S.C. 4321 et mi.), DOE has
reasons discussed elsewhere in the compliance with the regulations and to determined that this action does not
: preamble, the alternative of mandating a provide a statement of exemptione awl -, constitute n maim. Federal action
percentage reduction in PrAsrgy ece has exceptions claimed. In order to fulfill its significantly affecting the quality of the
been selected. 8 490.35 18 artch,anged authorities and obligations under the human environment Therefore, no
from the proposal and the terms . Plan to monitor implementation and to environmental assessment or
- "comparable peogram" and "reran . report to Congress Tad the President en environmental impact statement was
alibied matter ere defined in the operation of the Plea within EV days prepared and a negative determination
g 490.35cd(1) ond (2) to ircovIdee that to of its termination. DOE ha a further - to that effect is hereby issued.
r be comparable a state plan met contain provided in g en.e3(b) of the regulations -
mandakey heatine. pooling end keel e ? that t /Aiding ovvnem or Japer:Am mu.' - ' Regukdari A/241018
water restrictions. ft should be noted.:: r. submit to DOE. wit ?iri p days of the
that a sta plan which mandatee mem - effective dela o ulatimri,e
conservation measurea iri odditiara In "Building Complitmeee informatiois
In light of the DOE's emergency
finding, as set cut more fully in section
? IV of the preamble to the proposed
temperature reetrietiene may qs,slify as, Report. This form will be designed by regulation (44 FR 31031, Tune 1,107g),
"comparable progrem" raider. DOE to '-ezece tm abbreviated ; this vulemaking is reel sublect to the
sesulatiose. .. en. , eeee- _ 7 fashion the comPlience information provisions of ExectrUve Order No. le=
E. e
reeer-dphydar -e contained in the "Ceetificate oiEiiii#23 on Improving Government Eteenlatknei
'7" . ? . , Compliance.' Roth (onuswill . e. (43 FR 12851, March 24, 1978), under
490.41 Joint and Severebi distributed by UV to building curate ? section 8 of that Executive Order whith.
Section 693.41 received Little comment and operators direedy be mail when - . ? excepts regulations issued in response
and remains unchanged, :e- ? _ possible, and throrgh trade aseeciatforts, . ,to an emergenny. - 7
g 49042 Reporting Requirement. 1)02 state and local government agencies and sr (Fed eraEnergy Administration Act of UAL.
received momenta from pthlie ntilltieo other organizationn.The 'forma teifi also 25 mac 752 el seq.; Energy flovxy extd
which strongly objected to propond e be made avalialge.cIvet offices ' ??? tonservation Act, 42 U.S.C. M01 of ve.7..?
? 48042 requiring them to make , throe-I/lout the cettatty, and ma he e: Department of Energy Org4nizaion Act
available to BCE wen requeet ceseeinor cbtaiend firma BOi . ise peovidedie U.S.C. 7101 et seq.; E.O. 11790, 39 FR 2315.
lists or other information deemed ef .:* 490.43(d). ressamely ' ucca. 42FR 442973 standby
necessary to Adininititor and eacrog the beinn printed end distelleation will Conservation Plan No. 2. EsuergeneyThoWo4
ehoriiy. 12,2 ca.xxrunter L.,2 Temperature Restrictions, 44 FR 1ES08 (Mcfech
regulations. The comments Oz?cre-t1
'the utilities' ceacarn that 8 eMee might . !the p:..co?:=of*atiiratfeltg the tome, the . 1979))* ?
require breach ofeheir obkiermeel .? - - ? W day retaneremereIn g acl3 (ax1) -cm In consideration of the fteregoine. Peat
cust-amv conikdeatiaitty, .&-enr.Ap ? . (b) will wan deeerceAr ereceeered, 4530 of Clavier Ilerele 10 of the Cade of
, customer relations asadt:eset in . although owners 4xnd a?aere VII be- Federal Regulations is erotzded as
;,111.1
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. Approved For Re 1:::103/06/20 : CIA-RDP8.5-0Q9a8ROMBROO glagg.51
Federal Register Vol. 44, 111111,130 Thureed'ay, Tuts, 3. 1979 / Wales (oW
e-- seeeeeesese...eseeese.-e=tee
forth Mew, effective on the effective
riete eT the -"Standby Conservation Plan -
nnczgency Buildine Tzmperaiurz ?-
ria-stEcdonc," (...4 ER 12;0-5 (March .
19791 En accordance with section Me(b)
a the Energy Policy and Conservation . .
Act R2 U.S.C. 3281(b). ? ??:. ?
karmod Washington:D.C., on July 2, 1979.
DeizathEa Savites s . ? . . -
esteteu.essestant Secietary; CenBervation and
Solar Aiplicationa. - ? .
10 CFR Chapter 11 to amended by - -
ed.:ding Part 4130, to readels follows: . .
??
? ?
PART 4S0.---EMERGENCV BUILDING
TIE.Z.`rc.RATUFIE RESTP.ICTIONS
esfereert21--Seopa and Definitions
45;113. ScoPe
4902 Effective date' . .
Authority to contract or delegate ;
,--..2a43 Authority to issue orders and .
guidelines ? ? -
4".M.5 Ltermitions?
_
(Adrptsrt10-1-100ting and Cooling
t17;trictivnit
at) HVAC systems without capability for
-
simultaneous heating and cooling . .
6111.12 HVAC systems with capability for
Asaulteneous heating and cooling
1Z0.13 Requirement for accuracy of space-
conditioning control devices
4911143 Regulation of building temperatures
earths unoccupied periods
4M15 Auxiliary heaters
?zate lice: of ventilating equipment .
calif Measurement techniques
iliML8 Exemptions from heating and cooling
rwtrictions
C?Domeatie pot Water
en= Regulation of hot water controls
49022 Measurement of domestic hot water
temperature
49= Maintenance of hot water control
devicee
s2.9021 Exemption from hot water
eiestrictons
asastenefe--ExciaPeone ete r.
49331 (General exemptions- '1
41.90.72 Specific exceptions ' -
eeone Limitation of exceptions Gi ? ,
elr r,-Yrritioas
49311-3 Scope of exceptions or exemptions
(19axs 2xemption procedures for teethe
*teepees E---Generet Provisions
49I Joint and several liability
490.42 Reporting requirement
490.43 Self-Certification ?
prstF--Administrativo Procedures
4031 Purpose and acope
490.52 Notice of violation .
490.53 Violation order ?
490.54 Violation order for immediate
compliance
4901pli gen or reeciseion ?
ososa Sray pending Kunio! review ?
450.57 Cone-actorder ?
?
4e0.53 R.-eve/tee ? _ :. ? (b) "Cooling Beason means those
&teeteses ?.tet.e:...tetejeseet-ett reettesta-nttie tees e periatts when the HVAC system in
asetteaem dtd%-`..A COVrM.t-ij. bui.iding in operated such that
490.91 TrivestigatIons , ) )00 ?Pace her.,..Ung is being used it. ,at
e
490.02. Violationit ' ? ?-? building. ? ? .
Sl ? ? ??,;: (c) "Covered building" means every
490.53 uictiorm
490.64 Infunctiond7-7 r" building or portion of a building. but
AuthorRy: (Federal Ma. ergy Administration excludes residential buildings, hotels or
Act of 1974, 15 USC. 731 of Oeq.; Enet-gy other lodging facilities, hospitals and
Police enti Conservation Act 4.2 mac. tan r. ? health care facilites, elementary ..
et eel,- Ihpartmant of &e :g,-7,7 Organimaton schools, nursery schools and day-t ere
Act. 02 U.S.C. 7101 et sec.; MO. 117M 39 Flt - centers, and such other buildings and
23184; E.O. 12009. 42 FR 1:447 StandroY - ? 1 facilities as the Secretary may by rule
Catieerv"?' Plan Na. E'eqeacq ThlildiD4 ?--determine: Provided, That to the extent
Tempsra la
tara q)trictionri, 44 Fa 1.2EO3 (March that the non-sleeping facilities of a hotel.
.. :2 ? motel or other lodging facility have
&lbws 'arid Defford,a49. ? -' space-conditioning control devices
- ?-? s 5 , (separate from the sleeping facilities, the
? 40.1 *cepa. - eee non-sleeping facilities are not excluded
Excepina othervektprosiided lxithio : from the definition.
Ian? thin Part applieto etwated Id) ?Dew point temperature" means
buildinee in each state or political -? : the temperature at which condensation
auledivielien there-of, and shall aupermsele -- of water vapor begins as the ?
any law (deny etate or political ? et. - temperature of the air-vapor mixture-is
subdivision there-doe any Federal- - ? ? When Pe
on or
rder, regula directive to the equals the dew point temperature, e
o
extent Such law, order, regulation C2 ? relative humidity is 100 percent.
(e) "DOE" means the Department of
Energy.
(1) "Domestic hot water" means hot
? water which is intended for nee in
covered buildings for peraonal hygiene
or general cleaning.
(g) "Dry-bulb temperature" means the
. . temperature of air as measured by a
? dry-bulb, or ordinary, thermometer
(Emergt any Building Cam veratura - which directly measures air
- Resaicitone) (esi FR 1=3, March 0, temperature. Alternatively, adjustments
? 1979). Tie regulation!' may ba may be wade using generally accepted
- termineeed or suspended by the - ? industry practices to include the effects
Presideut, or will terminate on the same of thermal radiation, and this adjusted
date as Standby Conservation Plan . temperature may be used in lieu of the
No
ordinary thermometer temperature
2. . .
?
?40.3 Mit-rarity C.te ceptratt or deletents
Inff7 delegate or contract for the
carryine out of all or any part of the
directive Is inconsistent with these
segulatione or any guidelinee or orders
issued pursuant thereto.
? 4a.3.2 . Erm-tivne date, -
These regulations shell become
effective on a date specified by the ?
Presideet as the effective data -
standb,, co,?,,--?,t in I Plan No. 2
awaaurement -
(h) "Elementary school" means any
school which has any grades
kindergarten through sixth grade:
guncti9u-unct4 EtiL, I%rt. Provided, That if the non-elementary
t. is ? eee "*Ie'r vsade portions.; of a school have space-
-7 f] elt9.4 Pselma411 1-t=o. orders uti, conditioning control devices separate
ettedebtes. - ? ? - ? from the elementary portions, the non-
DOE may issue ouch orders and zee - elementary grade portions are not
guidelines, and may tce such ?: included within the definition of
adjuetments. as are necessary to
arlininilter and implement the
.provisiens of these regulations.
? Defir)rdorta.
(a) "Capability for simultaneous
heating and cooling" means an HVAC
system that can supply heating to one
part of the spa se-conditionin,g
equipment while supplying cooling to
suaother, Including but not limited to
elementary achool.
- (I) "Fuel distributor" means any
person who delivers oil or other fuel for
use in a covered building.
(j) "Heating season" means those
periods when the HVAC system in a
covered building Is operated such that -
no space cooling energy is used in that
building.
(k) "Humiditr means a measure of
- the water-vapor content of air.
dual-dect, reheat, recool, multizone fans, (I) "HVAC" means Heating,
fan-coil unite in combination with ? ? Ventilating and Air Conditioning.
' central air and induction units in, ? -.-(m) "HVAC System" means a system
ti
2 combinaon wit ' al e centr ee ? ? ? ? ihat provides either collectively or
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Federal Register / Vol. 44, No. ISO / Thursday, July 5, 1979 / Rules and Regulations $9363
.X:ZSIZ.-nr.f=11:235X=Varv=,s9xrkc.=Uear*Vfr..rraZ.-..22=..SA.2t
Individually the processes of apace
heating, ventilating and/or sir
conditioning within or associated with a
(n) "Hospital and health care facility"
means a building such as a general
hospital, tuberculosis hospital or any
other type of hospital, clinic, nursing or
convalescent home, hospice or other
facility duly authorized to provide
hospital or health care services under
the laws of the jurisdiction in which the
institution or facility is located.
(o) "Hotel or other lodging facility"
means a building where sleeping and
lodging accommodations are provided to
the public, or to the members of a
private membership organization or
other private facility, in the ordinary
course of business.
(p) "Occupied period" means that
tinne. of the day or night when the -
covered building or portion thereof is
used for its ordinary function Cr
functions, but not including such service
functions as cleaning and maintenance.
(q) "Operator" means any person,
whether lessee, sublessee or assignee,
agent or other person, whether or not in
physical possession of a covered
building, who has control, either directly
or indirectly through an agent, of
heating, cooling or hot water equipment
servicing the covered building.
(r) "Owner" means any person,
whether or not in physical possession of
a covered building, in whom is vested
legal title, and who ha& control, either
directly or indirectly through an agent.
of heating, cooling or hot water
equipment servicing the covered
(s) "Person" means any individual,
corporation, company, association, firm,
partnership, society, trust, joint venture,
Or joint stock company, the United
States or any State or political
subdivision thereof, the District of
Columbia, Puerto Rico, any U.S. territory
or possession, or any agency of the
-United States or any state or political
oubdivision thereof, or any other
organization or institution.
(t) "Public utility" means a publicly or
privately owned and operated utility
which is engaged in the sale of electric
power or natural gas to end-users.
(u) "Relative humidity" means the
ratio of the amount of water vapor in the
air at a specific temperature to the
maximum water vapor capacity of the
? air at that temperature. ?
(v) "Residential building" means any
building used for residential purposes
but does not include any portion of ouch
building used fpr commercial, industrial"
or other business purposes and which,
with respect to the heating and cooling
eequise.menta of these regulations, has
c.;eparate beating or cooling epaces
midi iontng contrcl devices or, with
respect to water temperature
restrictions, has separate hot water
temperature control devices.
(w) "Room" means that portion of the
interior apace which is contained within
the exterior aurfaces of a building,.
which is contained within floor to
ceiling partitions. and which is
conditioned directly or indirectly by an
energy using syste:n.
(xi "Secretary" rneans the Secretary
of the Department of Energy.
(y) "Solar energy" means energy
derived from the son directly through
the solar heating of air, water or other
iluidn; indirectly though the use of
electicity produced by solar ?
photovoltaic or so:ar thermal processes:
or Indirectly &smell the use of wind,
biomass or small enale water power.
(z) "Space-conditioning control
device" means a device for directly or
indirectly controlling the room
temperature and/or humidity by means
of the HVAC system.
(an) "Special equipment" means
equipment for whf.ch carefully controlled
temperature levels are necessary for
proper operation or maintenance.
(b-e) "State" means any state, the
Distict of Columbia, Puerto Rico, or any
terri.lory or posset;sion of the United
States.
(cc) "Temperature control device"
means a thermostat or any other device
used to regulate the operation of healing
or cooling equipment or a hot water
heater.
(ad) "Unoccupied" means those
periods of the day or night other than
the occupied peried.
(ne) "Wet-bulb temperature" means
the temperature cf air as measured by a
wet-bulb thermometer, which Is a
thermometer haVng the bulb covered
witle a cloth, usually muslin, that is
saturated with water.
Statpart a?Healing and Cooling
Resiirizidoti3
t4 4).11 HVAC systems without capability
for -..?nts71,eous heating end mating.
In covered buildings with HVAC
aystems without lie capability for
simultaneously h!ating and cooling the
building:
(c) No operator shall set space-
conditioning control devices so that
energy is consumed toraise the room
dry-bulb temperature above 65? F.
(b) No operatoe shall set space-
conditioning control devices so that
energy is consumed to lower the room
dry-bulb tempera'tur'e below 78? F:
roiided, That energy may be consumed
to lower the moil dry-bulb temperature
below 78? F to the extent necessary to
lower the room dew-point tempera tore
to 65? F.
? 49,112 HVAC systems with capetaikty for
simultaneous heating and cooling.
In covered buildings with HVAC
systems capable of simultaneous
heating and cooling of the buildir.s c7
portions thereof, operators shall se!
space-conditioning control devices
accordance with the following
requirements:
(a) (1) Except as otherwise pro:
In this section, no operator shall se'.
space-conditioning control devices se
that energy is consumed to raise the
room dry-bulb temperature above 6.7' F
(2) Except as otherwise provided in
section, no operator shall set space-
conditioning control devices GO that
energy is consumed to lower the rocee
dry-bulb temperature below 78' F1
Provided, That energy may be cons _-
to lower the room dry-bulb tempereenee
below 78? F to the extent necessars
lower the room dew-point tempera'_.
to 65? F;
(b) (1) Operators of fan-coil, induce=
baseboard or similarly operated uren-.s
shall set space-conditioning contr&
devices in accordance with the
requirements of subsection (a). or
alternatively in the following mare-Is:-
(i) No heat is provided to the hear:
coil during the cooling season.
(ii) No liquid coolant is provided -
the cooling coil at coolant tempera t"..-7-
below 55' F, and
(iii) No heat is supplied to a room
the room dry-bulb temperature is gea:E-7
than 65? F.
(2) Operators of fan-coil, inductee_
baseboard or similarly operated urtire
may alternate at any time between th
requirements of paragraph (a) and
paragraph (b)(1) of this section.
(c) Operators of heat-pump systezni
shall set space-conditioning control
devices in accordance with the
requirements of paragraph (a) of this
section.
(d)(1) In lieu of complying with the
requirements of subsection (a) of thns
oection, operators of HVAC systems ter
which the room temperature is
controlled by the supply air temperstnes
or volume ("all-air" systems, includ=
those with reheat) may set space-
conditioning control devices so that
(1) The dry-bulb temperature of the air
leaving the pooling coils is 60? F or
greater,
(ii) During the cooling season. the
heating coil is turned off and the s
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Federal Register I Vat 44e. Na711E0-I 11311i2S-67.. July 6, 16*-7P-: I uYes *niuMegulationg
,S=16,==t1=62=9=123112.96013011
cenclitien;rtg control device is set to 711?
(i.11)111-ero the heating aeaeon. if the
heating coil is turned on. the space- -
conditioning control device is set to 65'
(2) Operators of HVAC sisterrui In? * '
whith the room temperature is
controlled by the siipplY'air temperature.
or volztee may alternate at any-time ,
between the requirements of subsection
ia) and paragraph (d)(1) of this section..
(r...111) Notwithstanding the
requirements of any other subsection of
thin seesti'on. where a licensed
prpfessional engineer certifies by ?
arielyeis that operation of a covered. ,
uthfing in accordance with the
iecenteermata of paragraph (e)(2) during ?
-eerie-ale preeeceibed in the analysis will
remit at the consumption of less energy ?".
than corepliance with the requirements .
of parogra,pha (a) through (d) of this .??
oectme that building may be operated
In acoordanm with the requirements or. ?
subeedion (e)(2) during those periods.
(2) For cewered buildings qualified
under the provisions of paragraph (e)(1),
space-conditioning control devices shall
be set at ievelts consistent with
Mli3d11242La energy savings, and the
cooling system thall be adjusted such
thet
(i) No Liquid coolant is provided to the
coaliere, coil at coolant.tezaperatureo
below 55? F1, or
(ii) The dry-bulb temperature of the
air leavkg the cooling coils is ea? F or
greater.
(3.) Operatoea of covered buildings
qualified under. the provisions of
paragraph (e)(1) may alternate at any
time between the requirements of -
eubee-na (a) and aubsectiern (e)(2) of .
mizfte ? .
(4) The certified analysts by" a Emmett
professional engineer shall be made
availaieb te DOE or its delegate Upon
reouea
(5) It shall be deemed a violation of
the requirements of this Part for a
licensed professional engineer to falsely
certify the analysis authorized by
ParagroP4 (e1).
'.13 Fteclerentent for memo/ of
opeco-corteTreorrtng control d*ViC00.
(a) The operator of a covered building
shall otainin. spaoe-conditioning ?
control ek?vicee within reasonable
tolerances of eocurrecy. ? , ?
(le) No na!reson may alter a *Ice-
? conditioning control device with the
Intent of heving that device function .
inacrearateig. .; ' ? ?:
7 ?
'
4n14 ? f;
terreoeeeithet feetzee 11: .:3,, win .;.;1 speoo_000ditioning
(a) Mahon En:ripen erry mvu?cdt colib-01 fle-$1ce_centroia'the temperature
building Is unoccupied ei&et hours or ? - for more than arm mein the
more before the next normal occupied
period: , . _
? (1) The heating system for
building -shall not be operated if the '
anticipated mininunii ovaloor air dry-.:
bulb temperature for the unoccupied
period is greeter than FaT P. and the
cooling system for that building shall not
be operated. The requirements of this '" .
subsection. may be eatisiied by turning' -
off the circalating air or arculating ' ?
water system.
(2) If the anticipated minim= outdoor
air otry-bus2) temperature for the ?
unoccupleq period In DU 3 than rgf F, the , room. -
lipace-conditioning cont el devices lat- ? ? (c) Any of the following methods for
the heathy; system for that building shall measuring dry-bulb temperature, dew-
be set sue1.7, that one oft ie ea followinc point temperature, relative hereiditY and
resuitn . " ? ' ? -? - ? wet-berti temperature may be utilized in
? (i) The foam temperaturele ? - lieu of a reading of the set-point an the
less than 55"10; ? ? ? ? space-conditioning control device. An
(n) The heated supply-eh dnebab?? operator shall be deemed to have
-temperature is less than 100* V; ? ? -complied with any temperature or
(iii) The heatino-watee dry-bull; - humidity requirement ofthis Subpart so
temperature is less than 120" F; or long as any one measurement technique
(iv) The apace-conditioning control indicates compliance with the relevant
devices aie set at less than 55' F, or et- temperature or humidity requirement.
their lowest set point (1) Dry-bulb temperature shall be -
(3) HVAC system one rationdining. measured by'
unoccupied periods le p.!imitted wilere ' ' (1) A thermometer placed within 24
requested '.Sy the pnblir. uUlity or district Inches of the space-conditioning control
heating system sereiche; the building for device;
purposes ciload managanient. (ii) The overage of thermometer
Notteithstanding tie requirement* ? readings taken two feet away from and
of this section : - at the center of each external wall in the
(i) HVAC system operation duting ? room, and at the center of the room or
unoccupied periods In
p armitted to the. (iii) if there are no external walls, the
temperature at the center of the room.
extent necessary to pmeent damage to
the covered bending or its contents; (2) Dew-point temperatare shall be
? - (il) The HVAC system may begin measured by:
operatin,g at hch time co that the (i) Observing the temperature of a
temperatuee levele authorized by this
. glass at which condensation first occurs-
Subpartmay he re aCheel at a tiew ? while cooling the glass; ? _ ?
eimnitanetme with the V.egfinim . 1133 .a dew-point itlencittickg
occupied ;elicit; - ? ' ? inebument; or
? (111) By inference from the wet-bulb
0 41,0.15 rAnditary heat-tee. temperature or the relative humidity.
No auxiliary heating devices such oaf (0) The relative humidity shall be
portable eectric heatera, heat lamps or
other &lei:Y.-we:eh:we principal function ?
at the thrn of operation Is to produce
space heating may be coerated except
at such theee that use of energy for ?
heating purposes Is authorized under the
other sections of this Subpart or when
the covered building is unoccupied.
meadurement may be taken in the room
containing the device or any other room
controlled by that device. The room with
the-highest temperature when cooling
and the lowest temperature when ? '
heating may be measured for purposes _
of determining compliance with the
requirements of this Subpart.
(b) Except as otherwise provided in
this section, compliance with the
requirements of this Subpart shall be
determined by reading the set-point of
the Ipam-conditioning control device
which controls the temperature for the -
measured by:
(i) A humidity-indicating instrument
(hygrometer); or
(ii) By inference from the dew-point or
wet-bulb temperature..
(4) The wet-bulb temperature shall be
measured by: .
(1) A wet-bulb-temperature-Indicating
. instrument (psychrometer); or '
della tfc.3 0?1;?refdasikill044,41:r1Mit: ? (ii) By inference from the dew-point
Nothing in this Subpart shall be ? temperature or relative humidity
deemed to prohibit the use of ventilating measurement
fan or purep power to h at a building to ? (5) The dew-point temperature.
a dry-buil temperature above 65' F or to? relative humidity and wet-bulb
cool a building to ri drylnalle temperature may be measured within 24
tempen.atuee belay: inchea of the humidity apace- -
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? sesee.ette so,
- .rxinclitioning control device if located in
the room, or in the same locations ea
used in the measurement of the dry-bulb
temperature.
(6) To account for HVAC system
cycling, all temperature and humidity
readings may be taken as the average of
several measurements taken at equal
?
time intervals.
?490.10 Exemptions from heating and
? ?rioting restrictions.
(a) The requirements of this Subpart
shall not apply to:
(1) Covered buildings or portions .
thereof which are neither heated nor
cooled or which are equipped with
space heating devices and space cooling
devices with total rated output less than
3.5 BTU per hour (1 watt) per square foot
of gross floor area.
(2) Buildings containing Imp ,
systems capable of using outdoor air or
evaporation of water for cooling effect
without operation of a vapor
compression or absorption-refrigeration
system, but this exemption applies only
with respect to cooling, and only during
those periods when the outdoor air and/
or evaporation effect provides the only
source for cooling. '
(3) Buildings containing HVAC
systems capable of ening energy that
otherwise would be wasted, but only
during those periods when the otherwise
wasted energy provides the only source
of heating or cooling energy.
'(4) Buildings containing HVAC
systems capable of using solar energy,
? but only during those periods when
solar energy provides the only source of
heating or cooling energy.
(b) For buildings or portions of
buildings where the capacity of the
? HVAC system is insufficient to maintain
&charting or portion thereof at the
minimum temperature level() for cooling
authorized by this regulation when the
building or portion thereof is occupied,
the operator of said building may cool
'the building or portion of the building to
a temperature level below 78? F before -
the building or portion of the building is
occupied: Provided, that said reduced
? temperature level may only be. ?
maintained for the period of time
necessary So that the temperature will
reach the minimum level permitted by
' this iv-striation during the building's
occupied pen'ocl . -
(c) Exemptions under this section may
not be claimed when energy, ether than
? waste, solar, pump .or fan enemy is used
? to operate a vapor compressor or -
rshsorPtion refrigerator.
Subp- C,--Dorrref. tic Hot Water
faa;jviat!,-..ri tt.? hot vt'clz:r
(a) ',die operator 131a covered building
shall cet hot water temperature control
devices so that the temperature of
domestic hot water in such covered
building does not ettceed the greater of:
(i) 105? F, or
(ii) The lowest setting on the hot
wateo temperature control device.
(b) The operator shall, where . -
practicable, shut off domestic hot water
circulating pumps during periods when a
covered building is to be unoccupied for
more than eight hoars when such _
actioas will not caiise damage to the
building, Its systems, or internal
processes or articles.
?490.22 geaa'avtretzt of dornestk hot
MAW; tertIPSTEZIITS.
? (a) The temperature of domestic hot
water shall be taken as the domestic hot
water storage teals temperature
measured in the hot water supply line,
at the tank temperature control point, or
at the tap nearest the tank discharge
point.
0030.23 ittahdenance of hot water
ttrAnpornture control devicea.
(a) The operator of a covered building
shall maintain all domestic hot water
temperature control devices in that
building within reasonable tolerances of
accuracy.
-(b) No person may alter a hot water
temperature control device with the
Intent of having that device function
inaccurately.
? 490.24 Enorrapt'on from hot water
rmte.c..tivaz.
(a) The provisions of this Subpart
shall not apply in a covered building
whale the domesEc hot water heating
equipment also pr3vides hot water for
manufacturiag. Industrial or commercial
processes and such processes or process
clean-up procedures require hot water
- temperatures in esmsess of those
prescribed in this Subpart..
(b) The provisions of this Subpart
ohall not apply in a covered building
wheie domestic hot water is the only
source available for dishwashing or
?othss purpoaes in such covered building
and state or local health regulations
prescribe a minimum temperature level
above 105? F for dishwashing or such
? other purposes. Dsmestic hot water
control devices alai.' be set co as not to.
exceed the minimum level required by
the Mate or local health regulations..
(c) The provisions of this Subpart ?
ohall not apply to combination domestic
. water heating/apace heating boilers
during the heating season.
(d) The provisions of this Subpsert
shall not apply at such times that ilar
energy provides the only eo:iro..i rcs
domestic hot water heatin,g energy . At
such times that a hot water heating
system using a nen-solar energy SOL':
La being operated in conjunction with
solar energy, this exemption shall not
apply.
(e) The provisions of this Subpart
shall not apply to domestic hot water
heating systems capable of using hez :
that otherwise would be wasted, but
only at such time when the waste heat
provides the only source of hot -water
heating energy.
(f) Exemptions under this section
not be claimed when energy, -other
wtiete, solar, pump or fan energy is
to operate a vapor compressor or
absorption refrigerator.
Subp?cat 0?Eaterrapticio
4S0.31onere1 onemeneys.
(a) In addition to the exemptions
provided in other Subparts, and. subittem
to the limitations of this Subpart. the
- following exemptions from the
requirements of Subparts B or C are
available to any person for a buildiree
portion of a building in accordance with
the provisions of this section:
(1) Where a "manufacturer's
warranty", service manual or equipeosset
eereices contract requiree specific
temperature levels to prevent damage to
special equipment.
(2) Where maintenance of certain
temperature and humidity levels is
critical to materials and equipmen cei
In manufacturing, incluse-eel or
commercial processes.
(3) Where maintenance of certain-
temperature and humidity levels is
required for the proper storage or
handling of food or other agricultural
commodities, raw materials, gocde in
process and finished goods.
(4) Any other circumstances where
special environmental condition.s are
required to protect plant life essentad to
the operation of a business within a
covered building, materials or anisens'
life.
(5) Where maintenance of certain
temperature levels is required:
(i) To protect the health of pereeores in
offliees of phyaiciane, dentists toed ether
members of health care profesaicar
licensed by the state to provide -starns-t.--
related services;
(ii) To protect the health of perecess
engaged in rehabilitative physicel
therapy in physical therapy facilitee
and
(Ili) With respect to restrictions ec
heating only. to protect the health a
Approved For Release 2003/06/20 : CIA-RDP85-00988R000500030004-1
cox. ? ?? ? - ? ' JP/
Approved For Relive 2003/06/20 : CIA-RDP85-0098.6R01100030004-1
Yede-ral Register Vat 44., No. 139 / Tteuredlity, jut/ 0, 1979 / ElleYei nerd 1:Zein1ate-nee!'
to. =far=====., .t
:?erzsno a:flaring, indoor awinetatir3
(C) Pfb.cza el:texture or ineutedon
of the build i og will be damaged. ' T
(b) MtempUons claimed under .
Suleen.rts B. C and D of thie Part shall
became effective when claimed.
[c) Any person claiming an exemption.'
under any provision of Subparts B, C or .
D of bifil Part shall provide the owner or
operator of the covered building with all
aeceesary information relating to the
exemption including:
(11The nature of the exemption and
the section of the regulations claimed as
the basis for exemption:
;(2) The portione or the building for
which the enemptIon is claimed; ? ,
tIIe mqutred temperature levels in -
the exempt portions of the building
consistent with ma.nimum enerey ?
eavinces ? . ? - -
3 The owner or operator of a
cover-ed building shall, upon request of
? EDE or its delegate, make available any
information provided to the owner or
operator ender subsection (4
(e) Any person who claims an .
exemption to which he is not entitled is
=Wad to the penaldea provided in
Subpart G of this Pert.
(f) Where the person entitled to an
exemption under this Part is not the
oretmeor orator of the covered
buildingfe) to which the exemption
appnen, tee" , owner or operator of the ?
covered building(s) is authorized to.
a riled 0year-conditioning control -
devices and hot water temperature
cootiel devices in accordance with
? 4S0-34.
(g) Any operator, other than an
operator who claims an exemption, shall
not be liable for violation of this Part as
the result of acting in reliance upon an
exemp&ne which suliseque_ntly Le
detetegned te be - ? 1:;', ?
e,v3.a2pesic exceraone. ? ' ? ?
(al 713 addition to the general .
exemptions available under 4190.31 or
under Subparts B and C, any person
who would experience special hardship,
inequity or an unfair distribtition of the
burden as a result of the requirements of
Subparts B and C of this Part may
submit an "Application for Exception"
in accordance with Subpart D of Part
205 of this Chapter. An exception shall
not become effective until such time as
it is granted lay DOE.
(b) If the person submitting the -
Application for Exception" is not the
owner onoperator of the covered -
bui1d:1.4s) to which the requested .
exception le to apply. and if the - ?
exception is granted by DM., then the
owner or operator of the cowered
t3 t :55i::?
. .
ntac, rf2E'.f7.4.1 a-2'4
wute eperature or.;: ntril device t1'
? accordance with the ;?rovisione ofeur'?
exception provided by DO . ?
. (c)(1) Arky person who recelvea an'
approved excendon itirdersubsection (al_
shall preiride the denier at epee-liter of.?
the covered building with all necessary
Information relating to the exception
(i) Th3 nataie dflaexceeZons -
Uri) The portions of the building fee
which the exception Is &Arnett -
(ill) 'the antborteki temperature levers
in the excepted porll 371.3 01 ILO build 3
as detenrsined by the terms of the
excepts-an
or con-dotted with maximaui -
energy -ravines. : ?-? ' ?-?
covere::1 building shall, reereeceinest ci
pc2 tr: the doll?L-F-.tel, nnlceN./el/al-4e any
kernermzetion proeld.e6 to the eneseter
opera tc r ta_cdar Bui)&?caan (12. -
? 4T1:93 Zlei'a crircwilogi
elf-0?;Vir ain? -
(a) ?iThere a portion of a covered
building qualifies for on exemption
under emx, or edkr provision of
Subparei B and C, or for MI exception
under 5 4=9., the operator may cot
tempernegre levele o her than thane
preamalieti u Subpar a B and C only for.:
such portions of the eoYered building as.
necesseny to maintaie temperatmee fez
the exempted sectione. In those covered
buildines where the epace-conditioning
control device or hot water temperature
control device controls both the exempt
and nornexempt portions, of the building,
the entire building or pendon of the
building may operate as if exculpate-A '
from the teo.perature requirenrente of
Subpar ;:e B and C.
(b)E 1E may lima 11,2 iameanpliva :-
except7.i.in d.11
pciaria of a COW PT
may spl3cffy heating. mark?, t,,,tt ?
vistas' ti