FEDERAL REGISTER - PART V - DEPARTMENT OF ENERGY - EMERGENCY BUILDING TEMPERATURE RESTRICTIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00988R000400090005-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 17
• Document Creation Date: December 15, 2016
• Document Release Date: October 29, 2003
• Sequence Number: 5
• Publication Date: July 5, 1979
• Content Type: REGULATION

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low Noir
? Thursday
July 5, 1979
Part V
Department of
Energy
Emergency Building Temperature
Restrictions
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3935-1 Federal Register
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Vol. 44, No. 130 / Thursday, July 5, 1979 1 Rules axed Regulations
DEPAJTIVEN'T OF ENERGY
10 CM Part 490
(Docket No. CAS-RM-71-109)
Emergency Building Temperature
FivalictiOnS.
AGfaktCy: Department of Energy.
ACTVOK Final rule. ' ?
autenklASIY: The Department of Energy
(DOE) today promulgates final ?
regulations to implement "etandy
Conservation Plan No. 2. Emergency
Building Temperature Restrictions" (the
Plan), which place temporary,
emergency restrictions on temperature
settings for heating, cooling and hot
water in commercial, industrial and
other non-residential buildings in order
to rednce energy consumption. The
regulations will become effective on the
effective date of the Plan.
These regulations prescribe specific
heating and cooling restrictions of 65 F
and 70. 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 hygiehe and general
cleaning. Building owners and operators
are required to post a certificate of
compliance with the restrictions in a
preeminent 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
regulations provide procedures for
Federal enforcement of the mandatory
temperature restrictions and contain
penalty provisions for violation of those
restrictions.
EFFECTWE 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 CaeolTACT:
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.0 20505 [phone].
Peter J. Schautoberg. Office of General
Counsel. Department of Energy. 1728 M
Street- N.W., Room 510, Washington. D.C.
20401 (2021 B34-5545.. .
Mazy D..???.!.e. Office of General Counkl,
Deperiment of Enerc, 20 ICIA s e ch uE,Mtit
Aven-ra, N.W., Room 22Z1C. WashIns)oc.
D.C. 205.8.5 [phone]. . -
Donald Creed. News Media Contact, Ji'reas
Services Office, Department of Energy.
1000 Independence Avenue. N.W., Room
8E082, Washington. D.C. 20585 (202) 2.52-
. ? -
- ? .. ? -
SUPPLEMENTARY INFORMA. TIOtt , . .
1. The Propeseil Regulation '
- -
On June 1, 1979, DOE issued a notice _
of proposed rulemaking and public es
hearing (44 FR 31922, June 1,1970) .
intended to provide for implementation -
of the President's "Standby . .
Conservation Plan No. 2, Emergency ? -
Building Temperature Restrictions" (the
Plan), Placing temporary, emergency
restrictions on temperature settings for
heating, coolEn-fand hot water he
commercial. industrial and non- ee -
residential public buildings. Writted ?
comments were invited, and public
hearings were held in San Francisco,
California; Chir,ago, Illinois; Dallas,
Texas:- New York, New York; and .
Washington, D.C. between June 14 and
21,1979. Over SZO written comments
were received and 110 oral .
presentations were made at the five
public hearings. Commenters include
representatives of a broad range o
trade associations, educational and
cultural institutions, building owners
and operators, business activities, and
private citizens from many sections of
the country. ?
The great majority of the comments
opposed some or all of the proposal.
Most of the commenters agreed that a
comprehensive energy conservation
plan is necessary in order to conserve- .
our dwinaliag energy reserves. any
comments were received which
suggested that other conservatienele
??
techniques be Included in the es -
regulations as alternatives tb the ' ?
specified temperature restrictions-For .
example, the National Restaurant
Association developed a set of
? ;
guidelines for restaurant operation '
which if follewed would appear to yield
significant energy savings. Others
suggested a F centage reduction
alternative which would allow an
exemption from temperature restrictions
for any person who demonstrated that
he saved a specified percentage of
energy use when compared to a base '-
period.
The inclusion of alternative -
conservation methods was rejected for
several reasons. First, since these -
regulations are mandatory in nature
with penalties for non-compliance,
violations must. be readily detectable. It
was determined that there are
vignificant problems associated with
checking compliance with most
alternative conservation techniques.
Also, relaxation of the cooling '
restrictions to 78' F, discussed below,.
eliminates many of the operational
difficulties which may have resulted
from the 80' F limit and which prompted
these alternative proposals.
There also were reasons from a policy
standpoint to reject these proposals.
Permitting alternative conservation
measures as a means of avoiding
? temperature restrictions would tend to
favor those persons who have not
conserved in the past and conversely
would restrict to the 05-7e7 F
temperatures those persons who have
done the most for conservation. We also
were concerned with problems of public
perception of the program if certain
? dings were more comfortable than
others, and with the possible
competitive disadvantages which may
? result if adherence to the temperature
restrictions was not generally uniform.
'DOE encourages associations like the
National Restaurant Association to
continue to develop and implement
these conservation technniques,
- notwithstanding that they are not
included in these regulations.
Implementation of such measures,
together with thermostat restrictions.
will add measurably to this Nation's
energy conservation effort.
Many commenters recommended that
the range of permissible temperatures be
narrowed from the 05' F-80' F range
contained in the proposed regulations.
Representatives of restaurants, health
spas and other physical fitness facilities.
and retail stores, expressed displeasure
with the proposed 80' F minimum for
Cooling. They cited expected losses of
business from customers unwilling to
eiperience significant discomfort,
reduced employee productivity, damage
to retail items, Including food, from
spoilage or mildew, and jeopardy to the
. health of persons with alletesies and
? respiratory problems. Health concerns
also were raised for persons in certain
age groups when exercising in health
spas and fitness centers. Museums, art
galleries, libraries and archives
expressed concern that their collections
might incur severe damage. Opposition
to the 65' F heating maximum was much
more limited and emphasized presumed
reductions in employee productivity.
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 ixnpe
They also pointed out that man;
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buildings have combined heating and
eoeling systems which operate at
saximum efficiency at temperatures
ether ?atm e,;* F and 80' F. A more
detailed diseussion 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 comments 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
87" F to 65? FeThese modifications are
adopted, in response to public comment,
aince 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 isenade 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.C. 8201 et seq.) (EPGA), the
President developed and transmitted the
Plan to Congress on March 1, 1979. DOE
published a notice on March 8, 1979 (44
FR 12606) 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 submii to Congress his finding that
the Plea'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
DDI(a) of the on the Plan, once
Implemented, will remain In effect for a
period no longer than nine months,
unless earlier terminated or suspended
by the President. Section 9(a) of the Plan
authorizes DOE to implement,
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 resulted in a severe national
energy supply shortage 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 oil may not be
available for the heating 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 final regulations prescribe
specific heating and cooling restrictions
of 65' F and 78' F for both simple and
complex beating, ventilating and air
conditioning (HVAC) systems, heating
set back requirements 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
schoola, 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
require that affected building owners or
operators must self-certify their
compliance with the restrictions or drit17
eligibility for exemption.
The Plan authorizes states to seek
exemptions from building temperat, -e
requirements 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 penalx.
provisions for violation of the
temperature restrictions.
111. Section by Section Analysis of If- e
Emergency Building Temperature
litectrictions Regulations
Subpart A. Scope and Definitions
4917.1 Scope. Section 490.1 is
essentially the same as proposed, wins
the addition of a provision that the
regulations shall supersede inconsisnegn
Federal orders, regulations and
directives. The purpose of the addes
provision is to make building
temperature restrictions uniform am
Federal buildings and between
government and privately owned
buildings. In response to the questioa
raised by several cotrunenters, the
regulations, once effective, will
supersede any lease provisions whin-
are inconsistent with the regulations
? 490.2 Effective date. Proposed
? 490.2 provided that the regulatior.a
would become effective on July 1. lee -
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 Pia:.
terminates.
?
490.3 Authority to contract or
delegate. Section 490.3, which provicsee
that DOE may delegate or contract fea
the carrying out of its functions uncle:
these regulations, ha unchanged. In the
preamble to the proposed regulations
DOE stated its intention, pursuant ta
section P(c) of the Plan, to delegate
each state Governor requesting such
delegation, a substantial portion of res
authority to implement the Plan. Or Jns
18, 1979, DOE issued a notice of hate=
(44 FR 34965, June 18, 1979) which se:
forth the duties and authorities to be
delegated to states requesting deleea-_- en
and the amount of Federal funds vie .
will be available to states to which
delegation Is made to meet the cos Z:
their iniplementation activities.
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39359 Federal Register / Vol. 44, *Z. 130 / Thursday, July 5, 1979 /Rules *EA Regulations ?
.1:ztleority .0 issue orders and
Section 4.' 'Is unchanged, -
,ed provides that DO. ay issue orders
and guidelines as necssezy to implement
these regelatione.
? 490.5 Definitions. Most of the
definitions which were proposed in the
Time 1. notice have been adopted as
proposed. Several definitions have been
modified after consideration of the
public comments. The definition of
"ASJ-111.3i.E" has been deleted.
Definitions were added, for
etarifica ton, for "cooling season" and
"healing season". The "cooling season"
defined as that season when energy is
eonsurned only to lower the temperature
of a building. Some systems, eg., reheat
systems, may be operated so they never
have a cooling season, where, for
example. the reheat function is
toseratir.g 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
c.?oxisumed 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'difinition of "dry-bulb
temperature" has been expanded to
include alternative definitions which
incorporate an adjustment for the effects
of thermal rediation. 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 f-IVAC 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.,
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 mean those systems,
primarily in large buildings, which are
capable of heating one room or set Of
rooms, e.g., perimeter rooms in cqld
weather, while at the same time cooling
another room or set of rooms,
interior rooms which must be air
conditioned even during cold weather.
"Occupied period" was redefined to
include only that period during which
the building Is used for its normal
functions. Reterenc.e is made to section
490.14{a)(4)(ii), which allows operation
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
residential building lobblea and
hallways are included within the
defmition, but business or commercial
areas on separate HVAC 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
description of the compliance
measurement technique.
A definition was added for "solar
energy" because of the many comments
received. This definition refers to direct
solar heating and cooling, solar electric
power generation, wind enema biomass
(such as wood) and small scale water
power. It does not Include indirect use of
these sources, such as hydro-generated
electric power purchased from utilities,
since this energy may be used to
displace fossil-generated electricity.
Subpart a?Heating and Cooling
Restrictions
Two overall changes have been made
with respect to the temperature
requirements set forth in this Subpart.
First. DOE has decided to lower the
minimum permissible cooling
temperature from 80' F to 78' F. This
change was made for two reasons.
Comments from representatives of
restaurants, retail stores and other
businesses cited expected losses of
business from customers unwilling to
experience ,significant discomfort,
reduced employee productivity, damage
to retail items from mildew, and other
problems. Also, we believe the energy
savings potential of the 78' F restriction
on cooling is equal to or greater than the
possible savings which would be
achieved under the 80' F limitation, due
to increased voluntary compliance. ?
In our view the revised cooling
minimum of 78' F addresses adequately
the concerns raised in the comments. A
dry-bulb temperature of AV F is within
the comfort tone commonly accepted by
/1VAC system engineers, and is within
the design specifications of most HVAC-
systems. Inaddition, at the public
hearings on the proposed regulations
many speuhers indicated that while the
F level was a serious problem, a
minimum level of 78' F would be
acceptable. Assuming that people adjust
their clothing styles, we believe that
there should be little difficulty In .
adjusting to the 73' F level.
One major concern of restaurant
owners was that kitchens will be
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
rooms. We anticipate that lowering the
allowable temperature to 78' F will keep
the kitchens in a tolerable temperature
range. However, it should be noted that
if the kitchens are on the same 1?IVAC
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
regulations do permit operation of the -
kitchens at 78? F; in such circumstances,
the dining rooms would be cooler.
Another important consideration in
lowering the minimum allowable cooling
temperature relates to the necessity to
ensure a high level of compliance with
the restrictions. If the public perception-
of the building temperature restriction
regulations is that such regulations were
unfair or excessively burdensome,
compliance with the regulations could
suffer significantly. Since the
cooperation of building owners and
operators is critical to achieving
meaningful energy savings, the revised
minimum level should actually have a
positive effect on energy savings.
The anticipated savings from
Implementation of the 65? F heating and
the 78? F coaling restrictions would be
approximately the same as, or slightly
higher than, the previously estimated oil
savings range of 100,000 to 375,000
barrels per day. The economic analysis
prepared in conjunction with the Plan
assumed average building terrnostat
settings at the time the Plan would be
Implemented of 83' F in the heating
season and 77' F in the cooling season.
Based on information generated in the
public hearings, we now believe that
current temperature levels in buildings
covered by the Plan fall within a
narrower range, probably 70' F to 71' F
in the heating season and 75' F to 78' F
in the cooling season. If the other
previous assumptions in the economic
analysis of the Plan are retained,
anticipated oil savings using these
temperature levels would rise by
between 173,000 and 240,000 barrels of
oil per de; over previous estimates. The
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Federal Register / Vol. 44, No. 130 Thursday, july 5, 1979 I Ores and Regulations
reduction in oil savings that co e ' be
anticipated from lowering the re lag
standard from BO 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 estirnete
from our use of more current
assessments of building temperature
levels. Finally, we note that these
savings estimatee 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 65? F has
teen retained as proposed. The major
reason for adhering to 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 78' F,
the dew-point will be close to a
comfortable level of 61? F. Only under
the unusual conditions of high latent
heat loads would the 85? 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
' raising the dew-point temperature from
61' 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 provisiona of
40.16 allowing use of ventilating fans.
The use of relative humidity, rather
than dew-point, was suggested by many
commenters, teecause,relative humidity -
Is easier to measure. We recognize the
measurement difficulty and have listed
several methods by which dew-ecint
can be inferred. Dew-point was chosen
as the criterion because the upper limit
of comfort, according to common
industry usage. is based 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 's
of a comfort region. In those few cases
In which relative humidity is controlled,
the operator will want to experiment
with several relative-humidity set points
until the prop& dew-point is attained.
I 4.90.11 I1VAC System Without
Capability for .Sim ultaneous Heating
and Cooling. This section of he
regulations is virtually identical to that
in the proposed regulations; however, as
already noted, permissible dry-bulb /
temperature has beenmeduced from
DO' F (as proposed) to 70? F, and the
permissible dew-point temperature has
been decreased from or f as proposed
to 65? F. ?
1 490.12 IIVAC Systems With
Capability for Simultaneous Heating
and Cording. Many Comments were
received concerning the apparently
simplistic manner in which the complex
HVAC systems of large buildings were
treated 13 the proposed regulations.
Many of the comments arose because
the proposed regulations did not clearly
Indicate that an operator was expected
to shift his compliance technique to suit
his situation. For example, if the
operator finds that holding the cooling-
poll temperatune to 55? F in adequate in
the intermediate Seasons but not in the
summer, because room temperatures
exceeded 78' F. we would expect him to
change compliance techniques from ? .
control of the cooling-coil temperature to
maintaining this hottest ish-om at 78' F. -
Other comments concerning complex
systems were directed toward the .
numerous theineostats which would -
require adjustment. When the
--temperature sensors are placed in the
return ducts, the adjustment could he
minutely costly. We wpuld expect.
operators facing this problem to elect
the compliance technique in which the
cooling-coil temperature is maintained.
at 55' F, since the cooling coil can be '
controlled at the central plant. As
discussed below we have added the
provision that if an alternate control
strategy can be devised for what the
operator defines as the ltatennediate
season (when heatingand cooling are
.POSIO,4
both being euppli ed to the building) and
this alternate strategy results in less
enerey consumption by the HVAC
system than would be conteeeed if a ay
of the other methods of compliance are
net, then the operator can use his
alternate strategy.
Other than the alteration in
temperature limits, no changes were
marks in the temperature range
requirements available to all HVAC
system operations as one method of
complying with the regulations. Alsc
there are no changes to the requirec.ents
for operators of fan-coil, induction, or
baseboard (or similarly operated)
except that emphasis is placed on the
opportunity for operators to choose
among compliance techniques so that
human comfort is maximized. ThemfoTe.
the operator might choose to keep the
coolant to the cooling coilsat 55* F
during the intermediate seasons.
However, the 55' F may not be sufflotent
to keep the room dry-bulb temperate:re
belovi 78? F, in which case the opera-
may switch to the temperature ranee
alternative, set the cooling level hem?,
55? F, and bring the temperature down to
. 78? 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 concert:meg
"all-air" systems. In addition, the ne
temperature limits were incorporate:: jr
. response to comments received. we
have added, first, a section emphasemr_e-
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 theen-
would be realized if the temperature
. settings of 65? E and 70? F were need_ A
licensed professional engineer mast
certify his analysis that shows thed eye
alternate temperature set points 'rid
save more energy than if the speon'eed
settings were used. This greater aettiere
In energy may be realized over any trne
period. For example, the intermethArte
settings may save more energy only
during the intermediate season. in which
case the operator may use (and is
encouraged to use) these internatetthsee
- bet points during the intermediate
Season, while reverting to the spersthhtd
settings during the heating-only LTA
cooling-only seasons.
In introducing the change to
accommodate intermediate setti. that
-save more energy, we have retaalee, the
provision that the liquid coolant
supplied to the cooling coif be at 55" E.
_
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'..,,,....13,91:CrAMIMUSSISMATIS,11,3120,11MAAVIN614%.3.131, IN.461,44,,AMA ,VP .4-71a eh% ,P211ZPOSP,.......IMFAK .34INKNAI--.467.1?011MISIMINI.1.13EREIVIDINP.01.47
er that the air temperature leavin,g the hit'
.natiing oral be at 60? F. to ensure thal
Pee ;machete achievable by less ,
41",,Iektilicattion are not circumvented -;
oy the users of the interniediata set
points- the 55* F or 60" F limits do ntit
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, hi which -
the compliance is measured by the room
temperature being not less than 784 F.
rather than the engineer-certified' t ? t.
sitternatr're.
hi certifying that less enema Will be
? used the engineer need establish only
thoree temperature levels "consistent - -
with- maximum energy savings; he need
not demonstrate that no other settings
would achieve greater savings. The- ht ? -
evapba_sie and requirement Is that the ? t
alternate technique must wider ncyrmalh
circumstances and weather and building
usage. save more energy than would be '
saved if the 35? Fehr F settings were ?
used. Any false certification by an -
engineer would subject that engineer to"
the penalties provided in ;he
regulations.
Comments were received expressing
the concern of many regarding the cost ?
of equipping buildings with new ,
thermostets which automatically
nyairdain temperatures within specified
ranges, and the cost of constantly
changing thermostats. The regulations
do not require equipping' a building with
a new theamostat since one of the other
compliance strategies may be chosen.
The costs 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
ndditicaa. it Is not expected that the short:,
time span. (nine months) in which thih
regulations will be effective will regitine
unreasonable numbers of adjustments.
We have attempted to anticipate the
operation of all types of systems, and 1
the addition of new subsection 490.12(e)
permits great latitude in compliance. '
However, in case we have not foreseen
some circumstances, owners and
operators may apply for an exception -
under 1490.32.
? Irma Requirement for accuracy of
space-conditioning control devices.
Several comments were received asking
for a specific definition of the allowable
range for acramacy requirements for the
space-conditioning control devices.
However. there is euch a variation ? a
among tepee of devices that any specific
range, suds ets F suggested be one ch
?
commenter. Would nolla preiper for all
types of device*. Tim requirement of the ?
resellerieesehet spa cea:?Ff.liticr#4f- 71 _
contrial tte Maintained within h 4
reatioratbe tolenancei rif &Can:racy nrnsE '?
be interpreted In light of the accuracy or.
commercially available devices la the h ?
price range that is?actually_used in the
et
building. ; - ? ? s?
' PIT( Regtdaran of Building l.
Temperatat'es fluriAg Unoccupied
Periods, Section 490.14 establishes
HVAC system operation restrictions for ?
buildings during unoccupied periods.
The changes made to the restrictions .
Include a. recognition that theeoutdoor
air temperatures which govern the scope'
of the restrictions applicable during the
unoccupied period need oply be the ?`
anticipated temperatures, not actual ? ? ?-?
temperatures. In addition. an option Ens
been Included -which allows setting the ?
space-conditioning control device at 55"
F Or lower, or at Hs lowest set point kg.
ttigh-er than .5.6* F. ?
Operation of the HVAC system lino '
longer restricted to the two houre before
building opening. Several of the ' '-
comment', particularly from warmer ?
climate-a, pointed out that it was -
necessary to begin system operation
more than two hotuv before occupancy
in order to reach operhting -
temperatures. -Also, the load . ? -
requirements on utilities if all-units ,
began operating at tbe same time would
not be manegeabin. Theeeferty, the final
regulations authorize NvAc system
operation during the unoccupied period
as far in advance as Is necessary so that
the authorized temperature levels are
reached simultaneously with the ?
beginning of the occupied period. ?
Additionally, operation of HVAC ,
systems during unoccupied periods is .
authorized Where a public utility or
district heating systent requests such
operation for load management- meatt ?:-. ?-
peettot.f4thhateraiheletthhh,steentett;sf-pi4!-1,:.
fe-cei4reir"-
regarding the ability of the operator tot
anticipate the minimum- outdoor dry- ? ?
bulb temperature during the unoccupied ?
period. This should not be iptoblem ? ti
during the hot andcold seasons of the
year. During the mild seasons, the-
operator-Is expected to use hie best ?
judgment In any event, the additional
energy consumption caused by not using
the setback in those periods will be
? ? 423.15 Auxiliary Heaters. This
section is identical with the one in the
proposed regulations, and prohibits use
of auxiliary heaters to raise the room
temperature above 65' F. Comments '
were raised about discomfort -
particularly for secretariet and other"' "
persons with sedentary jobs in areas -
_where temperatures cannot be precisely
/controlled. The regulations allow for
control of the phrtion of the HVAC
system'he that the extreme temperature
In the area controlled by that portion of
the system Is within the authorized
limits. In addition, auxiliary heaters can
be used where necessary to raise the
temperature to 65' F. Changes - '
clothing habits for affected individuals
also will reduce the potential
? discomfort
? 490.15 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
signillcant portion of a building's total
energy requirements. However, the
dominant energy consumption is due to
the refrigeration equipment, so a net
eneig. y saving 13 to be realized. Any
increased air flow in the summer, due to
the central or portable fans, will make -
the higher temperatures and humidities
more tolerable. Therefore, no limitations
are placed on fan use, and use of fans to
circulate air for Increased comfort is
encouraged.
. 1490.17 Measurement Techniques.
Since a portion of an HVAC system may
regulate the temperatures in many
rooms elmultaneously, rooms will be
difficult to regulate precisely. The ?
preamble to the proposed regulations
recognized this problem, allowing
temperatures to be measured in the
room with the extreme temperatures.
To clarify this issue, the regulations
have been changed to allow that if any
room whose temperature is controlled
by a portion of an HVAC system is in
compliance with temperature
reetrietione, all rooms whose ?
temperature is controlled by that same
portion of the system are deemed to be
in compliance. Thus, the room on any
one system with the extreme high
temperature when cooling, and the
extreme low temperature when heating,
may be the room measured for
determination of compliance.
Another rhenge to this section
authorizes an option for the calculation
of dry-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
center of the room. Also, for HVAC
systems in which temperatures cycle.
the temperature may be taken as the
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Federal Register I Vol. 44,- No. 130 Thursday, July 5, 1979 / Rules and Regulations
verge of several equally opened
measurements over a period of time.
The appropriate time period may be
determined by the inspector and the ?
operator to account for system cycling -
differences among buildings.
. 490.18 Exemptions from Heating
and Cooling Restrictians. Sections
(a)(2), (3), and [4) have been modified to
emphasize that HVAC systems using
solar, waste, or similar systems which
will in fact save no energy if not
operated io heat or cool the building are
exempt only during those periods they
provide the only source of beating or
cooling energy. When backup systems
are operating, either separately or in ,
conjunction with the solar or other.
system. tee exemption is not available.
Thio section requires, for example, solar
assisted ?wet-vamp systems to operate ..
within the 65' F-78" temper/there .!---r
limitations while the heat pinup ? '
? compressor is operating.
Several comments were received
-
stating that energy derived from the use
of coal, natural gas, or other non-on .
energy source should not be covered by
the regulations. DOE has decided not to
alter the proposed regulations in this -
respect. The Plan end the implementbig
regulations focus an energy
-conservation, not only on oil
conservation."Moch of the expected
savings will be in electricity used for
space cooling, 'space heating, and hot
water. Such savirigi are meaningful in
terms of meeting the gverall goal of
reducing oil imports since regional
pooling arrangements. seasonal and
other factors such as nuclear plant
shutdowns affecting the generating Mix,
and the potential for "wheeling of -
electric power all can result in oil
savings. For example, surplues coal- .
generated power from one utility may be
wheeled to replace normally oil- ,? . ? .
generated power in another. A ' ? ? .
repletion with building temperatare
restrictions focused solely on oil uses*
would not only be impossible to develop
or enforce within reasonable ? ? ?? - =
expenditure levels bet also would be
highly inequitable in its impacts. e:
- The final regulations 0*o-c3arify the
provisions in subsection 0) whidi
authorize beiltrings or portions of
buildings which Imee MAC systems -
thcapnble of handling the peak load_
when occupied, Mt. Theatres or ether '?
large places of assembly, to precool. '
Pre000ling only Is authorized to the
extent neceasans sie that during Peak
occupancy, the tinaperature will reacde
the aulleriredcoohnglevela -
Subpeet C?Oorne.seic get Watt.r -
490.21 Regulation of tlot Wr ?
Controls. No changes were made in the
105' F domestic hot water restriction. e.
This was deemed sufficient Id most .
cases to provide hot water for personal
hygiene or general Cleaning --
requirements. Some systeena will have
problems maintaining that temperature
for the entire utilization period due to -
capacity restriction. Operators of these -
systems may wish to develop practices
which will conserve their hot water
Supply for priority needs, ouch as
showers. These can include shutting off
the hot water supply to sinks, for .
example. In addition, operators can
place a mixing valve between the tank
and the nearest tap, Which wfil
tank operation ate higher temperature...
490.22 Ateasurement of Domestic.
Hot WaterTeraperatore.This section e,,,.
remains un-cheneed from the ?previous ? -
regulations, wit!) the modification that
the operator army elect to measure the
tank temperature at the tap nearest the .
hot water tanks This permits the-
installation ala mixing valve between
the tank arid the tap which will allow -
capacity coestrained system?) to be .
operated at a higher tem.peraturethexi -
105'F. lithe temperature is lowered to -
105 F mixing the hot water with cold
water in the mixingvalve.
? 49223 Maintenance of Hat Water
Control Llevickv.This section remains
unchanged from the presto= .
regulations.
? 4X.24 ,Exemption Front Hot Water ?
Restrictiorn Several of the public .
comments noted that the prescription of
a maximum hot water temperature of
105? P is inconsiste,nt with the Model e?
Retail Food Store Sanitation Ondinanice
prepared by the US. Food and Deng
Arimintlatration (MAI which provides
dish and utensil washing tester ? ", ? e
temperaturee of 160' F. Others 'stated -
that certain industrial eoceeues cr -? -
process clean up procedures Weikel
require use of hot water at terop,enstom
higher than 105? IF. Sectionle0.24(b) hes
been modified, response to daze ? ?
comments, to provide exemption from
the hot water restrictions far -
commercial processes and process amid -
other clean up prom
? varying temperabareet es-e reer.tityd.in -
addition, whore the FDA model ? ? .
ordinance is adepted by states or local
Jurisd1ct1esese.4 411(3.24tb) provkles that ..
Its prosesioas wresid supersede the
requirements of these regadatious. ?
An exceptional:0 has beau 'added -
for domestic hot water provided by -
using wesie bent (such as in iota anagy
systems). but eddy wheal theitrases heat
3S3S0
provides the only source of waste ,
heating Enera. ifs backup &yr tem is
operatirma. in conjunction with the waere
heat system, the exemption is not
available.
D. Exemptions
? 490.31 General Exemptions. A
large number of the public comments
addressed the exemptions provisioxes of
the proposed regulations. Some, for
- example the restaurant and retail food
industries, sought inclusion of additicrael
exemptions in the final regulations_
Others, such as museerna also
requested clarification of the
exemptions provisions as proposed.
These comments have been carefully
considered, and changes have been
made Le response to some of the
suggestions received.
? Section 40031(a) has been modified tio
provide that exemptions are available
from the requirements of subparts It crC
of the regulations. The word -or" is used
to indicate that persons may claim
' exemption from either the heating and
cooling or hot water restrictions as they
affect the activities and uses set forth in
this section. For example, a person
claiming exemption solely on the bane
that a manufacturer's warranty requires
specific space temperature levels to
prevent damage to special equipment
would qualify for exemption from the
Beating and cooling restrictions in
Subpart B of these regulations, but axe
from-the hot water temperature
restrictions contained in Subpart C.
Similarly, when a manufacturer's
warranty requites specific water
temperatures for the operation of special
equipment, an exemption is available
? only from the hot water temperatere
restrictions.
Section 490.31(aX2) is clarified by
providing for exemption only where
certain temperature and hem idity leeets
are critical to materials and equipment
used ba metaufactining, Industrial or
? commercial process-os. Thus, no
exemption Is available based on dee
personal comfort of persons engaged in
such a process. -
Comments were received from
representatives of the retail food
Industry and the restaurant industry
' Inquiring whether proposed
400.31(aX3) was intended to exempt
these industries from the regulations.
While the comments expressed
dissatisfaction with the cooling
temperature restriction provided in the
proposed regulation, most indicated
? acceptance of the beating reedit-cline-
Section 490.81(0() as adopted is
changed flees the proposal only in Ike.
raw materiels, goods in process and
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sesene..........teenneeseeent etent. enteneen. svelteln VRIVE.4110.M.1.411M
finiSherfg6ods specifically have been
includ-ed in this section, although they
generally were included within the
subsection (2) exemption for commercial
processes. Section 490.31(a)(3) does not
provide a general exemption for the
retell food and restaurant industries.
However, where it can be demonstrated
that the operation of the cooling or
heating temperature restrictions would
cae dangerously high bacterial counts
or other unhealthful conditions in food,
an exemption is available under
?X.3.31(a}e3). With respect to
restaurants, reference is made to
I 490.17(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
maintain the kitchen area at 78 F, even
though lower temperatures may result in
the dining area.
Many retail food stores stated that
cceepliance with the proposed cooling
reerrection would result in an increase in
their current energy consumption
because of the additional energy
required to operate refrigeration
equipment when building temperatures
increased. In this connection, ? 490.12(e)
of these regulations provides specific
exceptions for persons who can
demonstrate that compliance with the
requirements of the regulations would
result in the consumption of more
energy than operation at some other
terri?erature level. Where higher
building temperatures result in severe
frost build up in refrigeration equipment
so that food cannot be properly stored.
? 490.31(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 cannot be claimed, for example, for
purposes of protecting decorative plants
in a business office.
Comments were received from
muse urns, libraries, est preservation
associations and archival institutions
strongly urging exemption from the
heating and cooling restrictions where
necessary to protect museum
collectionsalibrariand archival '
collections and historical collections
and structures. An express exemption
has not been included, since
490.31(a)(4), which provides for
exemptions where special
environmental conditions are required
to protect "materials", ie intended to
make available exemptions when
necessary to preserve such collections
and structures.
In response to public comments from '
physicians, dentists, and othdra,
400.31(a)(5) has been added to provide
an additional class of general -
exemptions. These exemptions are
based solely on a concern for health and
are not intended to be available on the
basis of personal comfort Under
? 490,31fa)(5)(1), an exemption is
provided when necessary to protect the
health of persons lathe 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
persona engaged in rehabilitative
physical therapy. This section does not
provide exemption for purely
recreational facilities, for example
bowling alleys or indoor tennis courts,
or for exercise facilities not engaged in
rehabilitative therapy. Section
490.31(a)(5)(iii) exempts from the heating
restrictions only, buildings or portions of
buildings which house awimtning pools.
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
eestrictions be provided where workers
are required to wear special or
protective clothing on the job. Because
of the difficulty of defining necessary
special or protective clothing, and
determining appropriate temperature or
humidity levels where such clothing is
required, we have not provided such an
exemption. The exemption available
under ? 490.31(a)(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
workers referred to in the comment.
Where workers suffer special hardship,
a specific exception may be sought
under f 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. ? 490.32, for cases where
special hardship exists.
? Many comments were received from
building owners and operators in the
southern regions of the United State
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 order 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 fonn 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 portions 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.
? 490.32 Specific exceptions. Section
490.32 has been amended to include the
requirements, set forth in ? 490.32(c).
that any person to whom DOE grants a
specific exception from the regulations
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must provide the building owner with all unacceptable expenditures of time and ,
necessary information relating to the resources. Section 4A.42 is based upon
exception. Section 490.32(c) parallels Se dim 7 of (liar-line which providas . .
? 490.31(b) relating to genera/ exemption that "any public utility or fuel ? ?
claims, and is included for the purpose distri'-utor shall make available to the
of facilitating completion by the building Secretary, upon request, information
owner or operator of the "Certificate of deemed necessary by the Secretary to
Building Compliance" and the "Betiding administer and enforce the Plan." After
Compliance Information Form." It consideration of the issues involved. ? ?
should be noted that ? 490.32(a), ' -DOE ha e decided to retain 490.42 as
referring to "Application for Exception", proposed in the finial reg-ulations. ? . . .
incorporates by reference another part - However, we recognize the importance
of the DOE initiations and does not of the issues raised by the public
refer to Subpart 0 of these regulations. comments and are continuing to analyse
4,90.33 and 4 49034 Limitations of whether the information in question is
exceptions or exemptions; scope of -
exceptions or exemptions, These ?
sections received no public comment -
needed to administer and enforce the
Plan. Until this decision has been made .
. and these issues satisfactorily resolved. ?
and are unchanged. ? ? -- ? . - DOE will take no action under I 480.42.
5 490.35 F..5(eznption prl;ce.ciures for -, ?? 4.90.43 Jf-C.rt2fkoticn. 4l
elates. Many of the public comments discussed Above, I 4:C11.43 has been ? ,
recebred from state and local official, to'd revised toprovide that the OWT-ter
business groups and 6.thi2.93 addressed operator of a coie4 bititdir?ql
this section and focused particulartyon post, within 30 days of the eftentive,aatn
the definitions of "comparable program" of the regulation, a "Certificate of
and "same subject matter" contained in Building C,oinplian.oe" in a prornixtent
proposed 4 490.350)(1) and (2). The location within a covered building. The
comments expressed the view that the form has been designated "Certificate of
definition of "comparable program" Building Compliarce", rather than the
should be expanded to include state proposed t'Building Owneir'a . . _
piano mandating a percentage reduction Certificate", since the certification e
In enemy image to be achieved by requirement is imposed won owners or -
means other than temperebre - ? ? operators. The Certificate. whieli will he
restriction& These suggestion's have developed by DO% will regitire the
much to recommend them. However, for building OWD1'..f or en-es:rake to candy
reasons discussed elsewhere in the compliance with the regulations and to
preamble, the alternative of mandating a provide a statement of exeenntions and e
percentage reduction in =era we has exceptions claimed. In order to fulfill its
been rejected. 4 490-35 is =changed authorities and obligations under the
from the proposal and the terms Plan to monitor im,plementation and to '
"comparable proga.m" and "same ' report to Comeess and the President on
subject matter" ere defined in i the operation of flea Plan within 80 dews
? 499.35(41} and (2) to provide that be of its termination. 'DOE haS further -
be comparable a state plan mmd contain . provided in 490.43(b) of the regulations
mandatory heating. reeling and hot :, , that building owners or es raters meet -
Water restrictions. It should be noted e submit to DOE, withirep days a the :e
that a state plan which mandates menu - effective drib of the regulation, a r ???_1, ?,
conservation measures in addition to "Building Compliance Information .
temperature reatrictiorea may qualify as , - Report." This form will be designed by.
a "comparable program" under thesis ? DOE to present in an abbreviated
regulations. , :?? , fee ;L.. fashion the compliance
CeheratpravLs : .7 contained in the "Certifienete of Beildirig
? de .,-7 ? Compliance." Both forme will be . .
490.41 Joint and Several distributed by DOE to building owners
Section 490.41 received little comment and operators directly by mail where .
and remains unchanged., . .??? ? ? -. _ possible, and through trade associations.
48242 Reporting RoquIrment. DOE state and local government agencies and
received comments from public utilities other organitations.The'fierme will also
which etronnly oblected to proposed ? c be made avails/in en pent ?Moen
49042 requiring them to make throughout the coentry, and may he --
available to DOR upon request ceistionee- r obtained from DOE as provided in - r "
lists or other information deemed eeteeni 1 400.43(d). The kens are corrisnily ?
necessary to administer and enforce the being printed art/ distribestion will begin
regulations. The notements exponent/ .. alioriiy. SbasSdridays be encoureneed in
the utilities' moo= that 540.42 might . the mamma dintrirating the LN2936. the ?
require breech of gear ohkeetion -? SO day re4alsetmai1 is 4 401143 (a)(1) and
cus'omer confidentiality, &maga (b) will nabs Itoreavaly erafteratierL e ;-
customer relations and remelt in . ? . although owners mil eneret.tuess will be ?
required to been building temperature
control devic -eta Compliance as roan
as the regnletie i become effective.
F. Administrative Froced' urea -
These sections remain unchanged
from the proposal.
G. Investigations, Violations, Sanctions
and Judicial Actons
The public comment concerning
Subpart G of the proposed regulation
addressed exclusively the civil and
criminal penalties provided in 4490.53
(b) and (c). Several conunenters
expressed the opinion that civil
penalties of not more than $5,000 and
criminal penalties of not more than
$10,000 per violation are unduly harsh.
The penalty provisions In ? 490.83(b)
and (c) are required under Section 11 of
the Plan., which incorporates the penalty
provisioni of sections 524 and 525 of the
'EWA (42 U.S.C. 63?34, 6395). It is noted
that 4 490.63 (b) and (c) state the
-maximum penalties allowable and that
lesser penalties are permitted.
IV. Additional Matters
_Environmental Review
After reviewing the proposed
regulation; pursuant to DOE's ?
responsibilities waxier the National
Environmental Policy Act of 1980 (42
U.S.C. 4321 at seq.), DOE has
determined that this action does not
constitute a taalor Federal action
significantly affecting the quality of the
human environment. Therefore, no
environmental assessment or
environmental impact statement was
prepared and a negative deternairuttion
to that effect is hereby issued.
Regulatory Aaalysa
In light of the DOE's emergency
finding, as set out more fully in sectian
IV of the preamble to the proposed
regulation (44 FR. 31931, June 1, 1579),
this rulemaking is net subfect to the
provisions of Executive Oecier No. 12041
on lie proving Government Regaletioms
(43 FR 12361, March 24, 1978), under
section 0 of that Executive Order wleidli
excepts regulations issued in response
,to an emergency. ? -7 .
(Federal Energy Administration Act of Lin.
15 U.S.C. ni et seq.; Emmy Peaky and
Conservation Act, 42 U.S.C. e201 et tag,:
Departrumt of Energy 04zunizeion Act. 42
U.S.C. 7101 et seq.; E.O. 11790, 39 FR 231.2Ec
go, 'Mag. 42 FR 46257) Mandl)",
Conservation Plan No. 2, ErnergencyTkild414
Temperature Restrictions, 44 FR imxt (bdsra
1979)). -
In consideration of the foregoing. Part
490 of Chapter II. _Title 1.0 of the red& sI
Federal Revelations is sietteded as set
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33362 Federal 04), ertgetqa.
FRi 93Whilaill79 WIRFP9549ek....4t,qR??4114(P (RUA:1MS
forth below, effective on the effective
ke of the "Staridby Concervation Plan
No.1..t. Etc er)wncy raixrc., tire
lie-strictioua," 44 1-7.11Z900 (March (, .
1979). in accordance with section 201(b)
of the Energy Policy and Conservation
Act. CZ US.C. ezai(b). .- ? ?-? ?
Isswaxl in We shington AC., on July 2, 1970.
talmaies &wits, . . . ?
Actias Assistant &aviary; Copservation cad
Solar Applications. ?
10 Ur7.1Znapter U is amended by ?
adding Part 490, to readas follows:
PAM" 4ELIERGENCY P.XILDING -
Tra4PIERATURE RESTFIICTIONS
Subpart A--coca and 1>olintiions
4s0.1 Scc:pe
4112 Eff?e?Jivr... date' .
Authority to contact or delegate .
4014 Authority to issue orders and :
vg.klelfzes
49115 Definitions
setvart 3?Heating and Cooling
fieritictiona
taus HVAC systems without capability for
Si7nultarteous heating and cooling . .
401111 HVAC systems with capability for
Ormiltaneous beating and cooling ?
490.13 Requirement for accuracy of space-
conditioning control devices
401114 Itkluletion of building temperatures
&Aug unoccupied periods
4r:015 Auxiliary heaters
-10.0.16 Liro of ventilating equipment .
4t0.17 Measurement techniques
400_111 Exemptions from heating and cooling
restrictions
Subpart C?Dorn-tati?C blot Water
40021 Regulation of hot water controls
49021 Measurement of domestic hot water
t....nperature
490.23 Maintenance of hot water control -
devims
400-21 Exemption from hot water
restrictions
? ? -;
Cukvert ii,?Exeinptions
401131 Ctneral exemptions- " ?4- 7.- t
ataan Specific exceptions '
400M Limitation of exceptions oi ?
cosempliona ? -
490.14 Scope of exceptions or exemptions .
490.16 Exemption procedures for states
&avert E?Genorre Provisions
420.41 Jo'nt and several liability
400.42 Reporting requirement
400.43 Self-Certification ?
-? ?
Subsurt F?Adrninistrative Procedures
490.51 Purpose and scope
490.52 Notice of violation.
49033 Violation order
49034 'Violation order for inunediate
compliance
Ooze Modification or rescission ' ?
490.50 &Jay pending Judicial review ?
49167 Consent carder ? - .. ? ? .:-
490.33 Remedies ? ? -? 7. ? 7
ViOta4f.,?,;a1;" 7
otJJts.."Lec-1 .#4.10416
? '
InvastlgationS.. ? ?
400.02 Violations ' "7'
490.63 Sanctions ' '?
4E0.64 Injunctions' ". -
Authority: (Federal Energy Administration
Act of 1074. 15 U. S.C. a'a-i et se Energy
Policy and Conservation Act. 42 U.S.C. 6201'
et seq.; Department of Energy Organization:
Act, 42 U.S.C. 7101 et seq.; ILO. 11790, 30 Fl$
2010.1; 11.0. 12000, 42 FR 40267; Standby ?
Conservation Plan No. 2. Ernerger.cy LiIld1ng.
Temperature Ras trictioni, 44 FR teene aMarch .
8,17751)1.
? - " ?
? _
b%lb part A?..lcope and Deffattketne"
? e
? 466.1 Scopoa. - ? ? - ? ? -- '
Except as otherwigte-prolilded in this -
-. Part, this Part applies to novered ? -
, buildings in each state or political ?
eubdivisien thereof, and shall superoede -
any law of any :tett or litical ? -en
. subdivision thereof or any Federal' - ?-?th ".
order, regulation or directive, to the
extent such law, order, regulation or ?
directive is inconsistent with these
regulations or any guidelines or orders
Issued pursuant thereto.
400.2 Effective date. e
These rest:hallows shall become ?
effective on a date epecified by the
President as the effective date of
Standby Conaervation Plan No. 2 ?
(Emergency atildina Temperature
Restrictions) (44 FR 12906, March 8,
? 2979). The reeulationa may be ?
- terminated or suspended by the -
Pre-sident, or will terminate on the same
date at Standby Conservation Plan -
No. 2..
- ? . ? , ? ? .
? 40.3 Atithertty to contract or deleaata. -
DOE miTy delegate or contract for the
carrying ottt ef ell or any part of the
funetion.itradee this Pare ea-Lte-n- nee, -? -
. ? ,v;
?4S0A ittenstettry to Issue orders ind,
? ? ?
DOE may issue such orders and t
guidelines, and may melte such t ?- '1. ? :
adjustments, as are necessary to ."
edminisster and Implement the --
.provisions of these regulations. ?
460.5. 'Definitions.
(a) "Capability for !simultaneous
heating and cooling" means an HVAC
system that can supply heating to one
part of the spa 'a-conditioning?
equipment while supplying cooling to ? - -
another, including but not limited to -
dual-duct, reheat, recool, multteone fans,
fan-coil units in combination with .? ?
' centeal air and induction units in
-3 combination w;( central air-- .-??? ? ?
(b) "Cooling season" means those
periods when the HVAC system in a
covered building to operated and' that
no s-pene heating is being us-cd r at
building. .
? (c) "Covered building" means every
building or portion of a building. but
excludes residential buildings, hotels or
other lodging facilities, hospitals and
health care facilities, elementary
schools, nursery schools and day-t Ire
centers, and such other buildings and
facilities as the Secretary may by rule
determine: Provided, That to the extent
that the non-sleeping facilities of a hotel,
motel or other lodgine facility have
spec conditioning control devices
separate from the sleeping facilities, the
non-sleeping facilities are not excluded
from the definition.
(d) "Dew point temperature" means
the temperature at which condensation
of water vapor begins as the ?
temperature: of the air-vapor mixtur;rhs
reduced. When the dry-bulb temperature
equels the dew point temperature, the
relative humidity is nal percent.
(e) "DOE" means the Department of
Energy.
(f) Domestic hot water means hot
water which is intended for use in
covered buildings for personal hygiene
or general cleaning.
(e) "Dry-bulb temperature" means the
temperature of nix as measured by a
dry-bulb, or ordinary, thermometer
which directly measures air
temperature. Alternatively, adjustments
may be made using generally accepted
Industry practices to include the effects
of thermal radiation, and this adjusted
tempereture may be used in lieu of the
ordinary thermometer temperature ?
measurement. ? ?
(h) "Mementary school" means any
school which has any grades
Idndergarten through sixth trade:
Provided, That if the non-elementary
grade portions of a school have space-
-conditioning control devices separate
from the elementary portions, the non-
elementary grade portions are not
Included within the definition of
elementary ethooL
(1) "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
(kJ "Humidity" means a measure of
the water-vapor content of air.
(I) "HVAC" means Heating,
Ventilating and Air Conditioning.
(m) "HVAC System" means a system
that provides either collectively or
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.
ladividually the processes of apace
loeating, ventilating and/or air
conditioning within or associated with a
(n) "Hospital and health care facility"
means a building such es 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
time of the day or night when the -
covered building or portion tiered is
used for its ordinary function or
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
aervicing 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 has control, either
directly or indirectly through an agent,
of heating, cooling or hot water
equipment servicing the covered
building.
(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
subdivision 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 such
building used fpr commercial, Industrial-
or other business purpdees and which,
with respect to the heating and cooling
requirements of these regulatoas, has
Separate heating or coolina space-
conditioning control devices or, with
respect to water temperature
restrictions, has separate hot water
temperature control devices.
(w) "Room" means that portion of the
Interior space which is contained within
the exterior surfaces of a building.
which is contained within floor to
ceiling partitions, and which is
conditioned directly or indirectly by an
energy using system.
(x) "Secretary" means the Secretary
of the Department of Energy.
(y) "Solar energy" means energy
derived from the sun directly through
the solar heating of air, water or other
fluide; indirectly through the use of
electricity produced by solar
photovoltaic or solar thermal processes:
or indirectly through the use of wind,
biomass or small scale 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.
(aa) "Special equipment" means
equipment for which carefully controlled
temperature levels are necessary for
proper operation or maintenance.
(bb) "State" means any state, the
District of Columbia, Puerto Rico, or any
territory or possession of the United
States.
(GC) "Temperature control device"
means a thermostat or any other device
used to regulate the operation of heating
or cooling equipment or a hot water
heater.
(dd) "Unoccupied" means those
periods of the day or night other than
the occupied period.
(ee) "Wet-bulb temperature" means
the temperature of air as measured by a
wet-bulb thermometer, which is a
thermometer having the bulb covered
with a cloth, usually muslin, that is
saturated with water.
Subpart B?Heating and Cooling
Restrictions
?490.11 HVAC systems wrthotrt capability
for'elmitiftaneous heating and cooling.
In covered buildings with HVAC
systems without the capability for
simultaneously heating and cooling the
building:
(a) No operator shall set space-
conditioning control devices so that
energy is consumed to raise the room
dry-bulb temperature above 63* F;
(b) No operator shall set space-
conditioning control devices so that
energy is consumed to lower the room
dry-bulb temperature below 78" F:
Prof= ided, That energy may be consumed
to lower the looin dry-bath temperature
below 78 F to the extent necessary Sc
lower the room dew-point teiaperatore
to OS' F.
*490.12 HVAC sysierns with tapety toe
stmottaneous heating and cooling.
In -covered buildings with HVAC
systems capable of simultaneous
heating and cooling of the building c -
portions thereof, operators shall se:
space-conditioning control devices
accordance with the following
requirements:
(a) (1) Except as otherwise provieiea
in this section, no operator shall se!
apace-conditioning control devices ee
that energy is consumed to raise the
room dry-bulb temperature above eeen F
(2) Except as otherwise provided 17
this section, no operator shall set sac-
conditioning control devices so that
energy is consumed to lower the roc=
dry-bulb temperature below 78' F:
Provided, That energy may be con 5
to lower the room dry-bulb tempera-ea.-
below 78? F to the extent necessaee
lower the room dew-point tempera-
to 85' F;
(b) (1) Operators of fan-coil, induce-men
baseboard or similarly operated ureoe
shall set space-conditioning contrah
devices in accordance with the
requirements of subsection (a), or
alternatively in the following mannee
(i) No heat is provided to the heaue;
coil during the cooling season.
(ii) No liquid coolant is providec -
the cooling coil at coolant tempera-
below 55? F, and
(iii) No heat is supplied to a room
the room dry-bulb temperature is eeee a-e-
than 05' F.
(2) Operators of fan-coil, inductee_
baseboard or similarly operated L1n115.
may alternate at any time between tee
requirements of paragraph (a) and
paragraph (b)(1) of this section.
(c) Operators of heat-pump systeoee
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 diLs
section, operators of HVAC systems to
which the room temperature is
controlled by the supply air tempts-v-1mc'
or volume ("all-air" systems, inclto4?e
those with reheat) may set space-
conditioning control devices so thee
(I) The dry-bulb temperature of toe air
leaving the cooling coils is 60' F or
greater,
(it) During the cooling seasen. the
heating coil is turned off and the see:,
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. - . ? . .
? ? ???
00.14 flatittf1 busl,6iOtg ? 420.17 Rosturee-aortt %di:equate.
teatteto .. et e date :tootouotati Phahatie..11- (a) Where a sPeceeetenditionbes
(a) Desioe periods any covered co-ntrel devIcet.conte& a the temperature
building is unocc-e.pled eight hours or -t . for Inure than ?Lie room the
more before the next normal occupied measurement may be taken in the roam
period: - I _ containtng the device or any other room
(1) The healing system for that controlled by that device. The room with
buildingsliall not be operated if the ; thelei,gliest temperature when cooling
anticipated In/Altman outdoor air tb117 and the lowest temperature whet "
bulb teroperature for the tmocuut led et:, heating may be measured for purposes _
period is greater than 50? F, and the of determining compliance with the
cooling system for that building shall not, requirements of this Subpart.
be operated. The requirements of this . (b) Except as otherwise provided in
subsection may be zetirfied by turning- this section. cot/reliance with the ?
off the circulating air or circulating ' requir-emente of this Subpart shell be
water system. determined by reading the set-point of
(2) If the anticipated minimum outdoor the speete-conclitionine control &wide
air dry-bulb temperature for the which controls the temperature for the -
unoccupied pet-led is leas than SO F. the room. ? -
pace-exmditioning control devices for (c) Any of the following methods for
the heating system for that building shall measuring dry-bulb temperature, dew-
be set such that one of the following- ? ' point temperature, relative humidity and
resettle ? ? ' ? - - wet-bulb temperature may be utilized In
. (I) The ioolu dry-bulb temperatarela ? lieu of a reading of the set-point on the
less than 55* P; ? ? ' space-conditioning control device. An
(ii) The heated supply-1dr dry.bulb ? ? 1- operator shall be deemed to have
-temperature is tese than 100" 11 "complied with any temperature or
(iii) The headset-water dry-bulb - ? humidity requirement of this Subpart so
temperature is lees than lttr F; or long as any one measurement technique
(iv) The spaceteonditioning control indicates compliance with the relevant
devices are set at less than 55? F, or at- temperature or humidity requirement.
their lowest set Point ?
eearlitienhee, control device La set to 73*
aad . . - ?. ?
(iii)Dealog the hesting ettestere if the
;leating coil is turned on, the space- ?
conditioni'ag control device is set to &5?
F.
?
(2) Operators of HVAC 8i/sterna In
h ch the room temperature Is ?
controlled by the sUpplY 'air teMperature..
or VOIN.iiiSC may alternate at any time ,
between the requirement's of subsection
(a) and paragraph (d)(1) of this section..
(e)(1) Notwithstanding the
tequiremente of any other subsection of
this eection. vihere a licensed
peofessioual engineer certitiee by-
neelysis that operation of a covered. a
tank-ling in scoot dance with the
rape:zeta-mats of paragraph (e)(2) duo:mg
peticeds pee-scribed in the analysis will
tesult 111 the consumption of tees energy t
than compile ace with the nNuireme.nta
of persgaplo (a) through (d) of this . '-
Imo-tiny. that building may be operated
In armordance with the requirements of
subsection (e)(2) during those periods.
(2) For cowered buildings qualified
under the provisions of paragraph (a)(1),
spaeveozooditioning control devices shall
be set at levels con.sistent with
meedoevea energy savings, and the
cooling system shall be adjusted such
that
(i) No 1-41114:1 coolant is provided to the
corAitag coa at coolant temperatures
below 55' F. or
(ii) The dry-bulb temperature of the
air 1eavitt-4 the cooling coils is OW F or
greater.
(3) Operators of covered buildings
qualified under the provisions of
paragraph (e)(1) may alternate at any -
time between the requirements of
subsection (n) and subsection (e)(2) of
this section, , 7
(4) The =dined anelysti by-a PrOC11044
professional engineer shall be made '
aveilable to DOE or its delegate-upon
request.
(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
parata-aph (eX1).
? 690.11 Pecalitment for accuracy of
space-conadooing control devices.
(a) The operator of a covered building'
shall maintehi ;pace-conditioning
control devicas within reasonable
tolerances of accuracy. ? .
(b) No person may alter a niece-
conditioning control device with the ?
Intent of having that device, function.
inaccurately. te - ? ? ?
(1) Dry-bulb temperature shall be ?
(3) Haraac system oparatian during measured by:
tmoccupied periods Is permitted where ' (i) A thermometer placed within 24
requested by the public utility or Cistrict inches of the aPece-cethiitionitat control
heating system servicing the building for device; - .
purposes of load management (ii) The average of thermometer
(4) Netwithsteedtng the requirements readings tale.n two feet away from and
of this eectiom . at the center of each external wall In the
' (i) HVAC system operation during room, and at the center of the room; or
unoccupied periods is permitted to the' (iii) if there are no external walls, the
extent necessary In prevent damage to temperature at the center of the room.
the covered buildino or ita contente; . (2) Dew-point temperature shall be
Subpart ma be readied at a an -
The HVAC eystero may begin Measured by:
operating at hell time eo that the (1) Observizeg the temperature of a
temperature levels authorized
th
glass at which condensation first occurs
by this
'toe; while wen the 0634n
ahnnitaneoas with the 'fee/ming BY a dew-PO-at ipedicallael
occupied periods. - ? - _ ? Instrumen or
,
ULU By inference from the wet-bulb
temperature or the relative humidity.
(3) The relative humidity shall be
measured by:
(I) A bumidity-indicating instrument
(hygrometer); or
(II) By Inference from the dew-point or
wet-bulb temperature..
(4) The wet-bulb temperature shall be
measured by: .
(i) A wet-bulb-temperature-indicating
Instrument (psychrometer); or
4Q015 '
(11) 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 pump power to heat a building to - (5) The dew-point temperature,
a dry-bulb temperature above ST For to relative humidity and wet-bulb
cool a building to a dry-bulb ? e,?temperature may be measured within-24
tempeaature below 78??. inches of the humidity space- -
f *0.15 Auxitiary hostora ?
' No auxiliary heating devices such as
portable electric beaters, heat lamps or
other devioeswhose principal function
at the thus of operation Is to produce
space heating may be operated except
at such times that use of energy for -
heating purposes Is authorized under the
other sections of this Subpart or wh.eo
the covered building is unacc-apied.
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W.S.VIL".11M 'NO. ,tE.P.M.1041.1.10?MIP.M212M,VOIR "4.101.0,16.1....91111E61...11
deonclitiooing control device" if located in
the room, or in the same locations as
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.
31490.18 Exemptions from hoatino and
(xxating reshictions,
(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 oross floor area.
PI Buildings containin,g HVAC
eysteme 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
amerce for cooling. ?
(31 Buildings containing HVAC
systems mapable of uSine 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
P,olar energy provides the only source of
heating or cooling energy.
buildings or portions of
buildings where the capacity of the
HVAC system is insufficient to maintain
the'building Cr portion thereof at the
minimum temperature levels 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.
nialntained for the period of time
nr..ce.s3ary So that the temmature will
reach the rnininzum level permitted by
' this regulation during the building's
oocupied period .
(c) Exemptions under this section may
suet be claimed when energy, other than
waste, DOI Fir. pump rar fan enemy is used
to operate a vapor compressor or ? ? ?? wetter heating/space beating boilers
abeorption refrigeraeor. - during the heating season.
and Regulations 303365
Subpart C?Com_estie hot Water .
?4M21 Fleguiatio-n of hot Irate( controls.
(a) The operator eta covered building
shall set hot water temperature control
devices so that the temperature of
domestic hot water in such covered
building does not exceed the greater of:
(i) 105* F, or
(ii) The lowest setting on the hot
water 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 hours when such
actions will not cause damage to the
building, its systems, or internal
processes or articles.
1490.22 MaL.s, moment of domestic hot
water temperature.
? (a) The temperature of domestic hot
water shall be taken as the domestic hot
water storage tank temperature
measured in the hot water supply
at the tank temperature control point, or
at the tap nearest the tank discharge
point.
?490.23 Maintenance of hot water
temperet Ire (=trot devices. ?
(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 baying that device function
Inaccurately.
1490.24 Exemption from hot water
restrictions.
(a) The provisions of this Subpart
shall not apply in a covered building
where the domestic hot water heating
equipment also provides hot water for
manufeeturing, industrial or commercial
processes and such processes or process
clean-up procedures require hot water
temperatures in excess of those ? .
prescribed in this Subpart.
(b) The provisions of this Subpart
shall not apply in a covered building
where domestic hot water is the only
source available for dishvesshing or
Other purposes in such covered building
and state or local health regulations
prescribe a minimum temperature level
above 106* F for dishwashing or such
other purposes. Domestic hot water
control devices shall be set so as not to
exceed the minimum level required by
the state or local health regulations.
(c) The provisions of tbie Subpart
shall not apply to combination domestic
(d) The provisions of this Subpart
shall-not apply at such times that solar
energy provides the only source for
domestic hot water heating energy. At
such times that a hot wat?er heating
system using a nen-solar energy sotece
Is 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
beefing systems capable of using bee:
that otherwise would be wasted, but
only at such time when the waste heat
provides the only source of hot water
heating energy.
(I) Exemptions under this section matt
not be claimed when energy, other than
waste, solar, pump or fan energy is used
to operate a vapor compressor Or
absorption refrigerator.
.Subpart 0?Exemptions
? 490.31 cltineral exemptions.
(a) In addition to the exemptions
provided in other Subparts, and euteeeed
to the limitations of this Subpart. nee
- following exemptions from the
requirements of Subparts Dor C are
available to any person for a budded o-
portion of a building in accordance with
the provisions of this section:
(1) Where a "manufacturer's
warranty"; service manual or equivalent
service contract requires specific
temperature levels to prevent damage to
special equipment.
(2) Where maintenance of certain
temperature and /timidity levels is
critical to materials and equipmere cee
in manufacturing, industrial 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, goods
process and finished goods.
(4) Any other circumetances where
special environmental conditions are
required to protect plant life essentie to
the operation of a business within a
covered building, materials or anirand
life.
(5) Where maintenance of certa
temperature levels is required:
(i) To protect the health of pereotts in
daces of physicians, dentists and other
raembera of health care professiona
licensed by the state to provide leteadirn-
related services;
(ii) To protect the health of persons
engaged in rehabilitative physical
therapy in physical therapy faciiiree,e
and ?
(Hi) With respect to restrictions oc
heating only, to protect the health tI
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?
eecness todizing indoor swimear - ? .
posit's.
(6) Vslete the structure orinsulation
of the building will be damaged.
(b) Exemptions claimed under
Subparts LI, C and') of this Puri abafl
become effective when claimed.
lc) Any person cla lining an exemption
ender any provision of Subparts 13, C at
1) of this Part shell provide the OWDOC or
operater ei the Covered bulliliqg with all
necessary Information relating to the ,
exceeptien including:
(II The nature of the exemption and
the section of the regulations claimed as
the baste for exemption;
(if) The portions or the beflffing Tor
wh.."-ch the exemption is claimed:, -
Rile required temperature levels in -
the exempt portions of the bonding ,
peositterit with maximum energy
eavinsp. ? ? -
(d) The owner or operator or a
covered building shall, upon request of
-no-Eor its delegate, make available any
information provided to the owner or
operator under subsection (c). ? ' -
(e) Any person who claims an .
exereptioa to which be is not entitled is
vabSect tn the penalties provided in
Scannell G of this Part.
? {n Where the perecee entitled to an
exemption nodes. this Part is not the
owner or onere tor of the covered
buildindel to which the exemption
nppleens tee owner or operator of the -
covered building(s) Ia authorized tz.
ndjusa xerecien-conditionine control-
devices and hot water temperature
cootrol devices in accordance with
491134.
(St Any operator, other than an
opera to who claims on exempUon, shall
not be liable for violation of this Part as
the result of acting En reliance upon an
eximptio. n which baequent}y
, e??
determined te be invalid, - .len;;? n: ?
? 4911-22 Specific exceptions.
(a] In addition to the general ?
.
exemptions available under ? 490..31 or
under S.:karts B and C, any person
who would experience special hardship,
Inequity or an unfair clistribUtion of the
burden as a result of the requirements of
Subparts II and C of this Part may
submit an "Application for Exception"
in accen'ORTiCe with Subpart 13 of Past
205 of this Chapter. An exception shall
not become effective until such time as
it is granted by DOE,
(b) lithe person submitting the - -
"Application for Exception" is not the
owner cr operator of the covered -
build:reds) to which the requested ? .
exception La to apply, and if the , - ?, ?
exceptkrn is minted by DOE, then the
menet ce opeerator of the cove-red ?
buildirtere) Is treVairteed enaceS
c& .a1 reoe end lent ,
wa tar teaveramre cent-of deviees
accordance with the tercrvialorri of the'?
exception provided by DOE.
? (c)(1) Any person who receivei an
approved exception under subsection (8)._
shall pro-Me the owner or operator or ..?
the covered building with all nece3sar7
Information relating to the exception
iricludins ? ? - ? -'
(I) The nature of the exceptiore '
ro The portions of the hiltidttf4 ittt -
which the exceptien Is claimed: e ? ?
(lit) The authorized temperature letters
In the excepted portions of den berlereng
as de-ten:acted by the terns of the .
exception or consistent with maximum ?
enemy saving.
(2.) The owner or operates-eta' a 4
COV2red building shall, nem tensest or e;
P-02 or its deleeeta. make evellable any
Information ewes:idea to the owner
operator waalif subsection (2). -
? 490.33 Ltellterpcs of exception or .?:"
exemptions. -
(a) Where a portion of a covered
building qualifies for an exemption
under 4a0.31 or arty peovition of
Subparts B and C, or for en exceptioa
ender. ?,00.21, the operator may set
temperature levels other than those .
prescribed in &averts B and C only for
suchportions of the covered bullinegas
necessary to maintain temperatures far
the exempted sections. In those covered
buildi g% where the sparene.cnditionlag
control device or hot water tempenatire
control device controls both the exempt
and non-exempt portions., of the building,
the entire beading or portion of the
building may operate as if exempted '
from the tentteerature requirements of
Subparts B and C.
(b) DOE may limit the exemption or: ??
excenticin vented by this Pilate sit elan
portion of e exemzed braid-teen DOE e
may specify aeatiTV, cooling or tret
water temperature contra% to be --.
applicable in the excepted portion of a
? covered bathe?? : ? . :
- -
? 490.34 Scene of exceptions or
eel:meters. ? .,
The Operator ala covered bundin8
subject. to an exemption or exception
pursuant to this Part shall, where
practicable, maintain the temperature
levels prescribed in Subparts B and C, or
such other levels consistent with
maximum energy savings. ? , ?
430.35 Execmpraan procedpsa for
states,.
?
? (a) A state way seek for Itself or a .
political subdivislon an exemption from
the application of this Part in such state,
or political subdivision during a priod
for ivistefe the "Prenitleira at theccaaie tireittil
State-ate-kin e
pili14-ana dl VISCh state at
political subdivision Is in effect ? . _
(b) Astato eeekletg an exemption for
itseif or a i)oliti cal subdivision on the
ground &eat oomparable ptograsa i3* ,
effect shall ere-bean to the Secretary a -
"Request for State Exemption" which
shall include the following inforrnatiott
(1) A fa deacrlpficre or the -'
comparable pro-scam, heetedinetthe
authority vad:doh allows for the ?
mandatory Imposition of the progrann
(2) An estimate of the typez and
tenement of eneereg which &mesh program -
will coneerree r.. . ? ? -
0.1) The effective dietele of the progtlizar.
(41 A &ace:pane of oaergy
conseria4ora eueneures implementable
at the state or loeal level and their :
expected energy saxickg4 . . ?
(5j A Comparison of energy saving;
estimated to re.seIt In that state from
compliance with the:se-regulations and
estimated energy savinas wider the -
proposed comparable prOgarn which
? demonstrates that the comparable
program coniterves at least as much
energy In the state or political
subdivision as these reenditions. The
comparisons shall be performed using a
? consistent Methodology for estimating
building energy coneumptit?n.
(01 Stich other Inforee-aVon as the
Secretary may regains '
(c) A recitn.-et for exemption by a state
shall be sent toc Secretary, Department
of Energy, Washington, D.C. 2055.3 ?
(d) For pm-poses of this sect=
(1) "Com eatable program" means a
program which dee.13 with the name
subject matter as three regulations,
which is mandatory, and which -
corlserVel st imet as moat gtnergy bias
stateter noliteakenht4Ifie.S0i.a. tinCeOf 113
"adherence to the requ4 talents at -
.r
regulations would be expected to
conserve in such state or political
subdivision; . .
(2) "Same seject matter"
le Meal*
heating, cooling and hot Water -
temperature restrictions in covered
buildings. "
Subpart E?Senersi Provisions
490A1 ;Met and several ItetAty.
The owner and operator shall be
jointly and Severally liable for-the
execution of operator responsibilities
under this Part where an agency .
Teiationship exists between the owner
and operator. .
420.42 Wept:siting roquireentert
Any public Utility or any fuel
distributor shall make available to the
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DOP? upon request, -customer lists rt,e, ? -
other information deemed necessary by
DOE to administer and enforce /11e.%.2
recguir -Ica& - :
? Seif-Corilficadon and FIrni, at
Bulk:Ting omptIance tniation Form. '
(a)(1) The owner or operator of a -
coveted building shall, within 30 days Of
? the effective date of this regulation.
Complete in accordance with forms and
bastructit vs provided by DOE, and pest
In a prominent location within the
covered building, a "Certificate of
Building Compliance" certifying
compliance with the requirements of this
Part.
(2) The "Certificate of Buildic., -
Compliance" shall set forth exemptions
claimed by any persona within the.
covered building, or any authorieed
exceptions claimed by persons withhi
the building. .
(b) In addition to the requirements of -
eubsection (a), the owner or eeeer.atoi
a covered building ehall? withinail days
of the effective date of this regulation,
submit to DOE in accordance with forms
and instructions to be provided by DOE
a "Building Compliance Information
Form" describing the building, the .
Means adopted-to comply with the
regulations and any exemptions or
exceptions claimed by ,pereene la that .
butichnee
(c) It shall be deemed a violation of .
this Pert for see owner or operator to ? ? .
knowingly provide false, raisleadirke or
incomplete information on the "Building
Compliance Information Form" or the
"Certificate of Building Compliance."
(t!) DOE will make "Certificates of
Buildine.Compliance" and "-Building
Compliance information Forms" and
instructions available at eonvenient
locations througho-ut the mien-try. In ? .
additioe, "Certificates of iluildiree ? s
lomplierice and l3ullding Compliance
Information Forme" and ins tructiona foe
their completion may be obtained from: -
Director. Office of Building and Community .
Systems, Office of CA'maeri,ation and Solar '
application;, Massachusetts Avenue
Some 2221C, Warlticgtcm, D.C. re.:
Attention: Fan Building Coreplteens..
?
Subpart F?Adminlistrativo Procedures
a 074.51 Purpose and scope.
This Subpart establishes the.
- procedures for determining the nat'ure-
and extent of violations of section 52.4.(c)
of the EiCit and the procedures (or .
issuance of a Notice of Violation..
Vipla Hon Order. Violation Order 'fer
Immediate C.Oinpliance, ModifirA !Ion or.
Rescission Decision and Order, and Stay.
Decision and Order. Nothing In these eee
regulations shell affoet the authority of ?-?
DOE enforcement officials In ? ?
coordInation wits tlt. Department of .
Ju lice to friiliatz apprciprisie civil or .?
criminal ten feecoleeet CCtiQflS in court at
- :any tiree. eere. ee, ?
.00.52 NOtiC9 Cif 14.041.1011.
. _ . .
' (a) When any audit or investigation
discloses, or the DOE otherwise finds,
that any person has engaged, is engaged.
or is about to engage in acts or practices
:contrary to the provisions of Standby
Conservation Plan No. 2 (Emergency
Building TeMperature Restrictions) and
Implementing reuliu1iona in violation of
section eZlic; of the M-4r...A., the DOE
'May Issue a Notice of Violation. Any
notice issued under this section shall be
In writing and shall set forth the findings
of fent end conclusions of LAW npon
which it is based. eereene _
?g,b) Within 10 business; days after the
serirce ale Nike:reef Violation the
tip= telsam'et Notob fs 'served
May file a reply with ese DOE offith that
Issued the Notice Of Violation. The DOE
,may extend the 10-day period for good -
cause showla
(c) The reply shall be In writing and
signed by the paireon filingit. The reply
shall contatn a statenieet of el! relevant -
facts peetatnisra te the acts or prarsticna
that are the sable:A of the Notice of '
Violation. The reply shall inchx% a ? ? ,
Statement of the legal, bustn-ees and
other reasons for the actior practices; a
description of the acts cm; practices; and
a discussion of the pertinent provisions ?
and relevant facts reflected in any :
document submitted with the reply..
Copies of ell relevant contracts, reports,
abstracts, compilatiorus of data and
other documents shall be submitted with
the reply. The reply chilli include a ?
'discussion of ene eeleva-nt authorities
which support the 4stialtion aistrertell
including maces,
hatereettationa ordere an 4.;kctoix.4. _ -
issued ba ???- ?'. ?
(d) The reply':eliould Indicate ivliether.,
the person t age:eels an informal
eonference raga-n:1%v Illie'noare.
request for a ca.nfsrence meat be in ?.
'writing and Atill be geniertietrby the
proVittiensef 10 CZTR 4 rosin, Which
ate rated by roierence herein --
and made a part cf this sobesction.
-1e) If a persze Lev met flied a reply
with the DOE within the 10-day cm Other ?
period authorized for reply, the peseta
shall be deemed to have admitted the .
accuracy of the Sutural aileentiozia and -
lesed oenclesices idated in the Rot of
ami the DOE Panty proceed to.
issue a Violation Casdse-1a acoordseco '
with 4=1 ? ?' I
; (I) if the DOE Rada, daring err after the
10-day or ether period authorized for
reply, tbAt no ries a den Iola pee:wet-4 is
coutintliuT, or is aboet to fx..1:11r. or teat
for any ronaon the better:et" els _
Violation Order would not bo --
appropriate, it shall rescind the Notice
of Violation and inform the person to
whom the Notice was issued of the
rescissioa.
f 49053 rotation Order.
After considering all information
received during the proceeding, the DOE
may issue a Violation Order. The
Violation Order may adopt the fiarlieees
and conclusions contained in the Nctice
of Violation or may modify or rescind
any such finding or conclusion to
conform the Order to the evidence ce on
the basis of a determination that the
finding or ooachtsion Is erroneous in fret
or law or is arbitrary or capricious. reeds-
ctrder shall constitute a filial agency
ceder Subject to ludkial review.13e1r-ss
otheriirlee iipectfi ed. the Vol ation Order
shall be effective1-0 business days antes!
the date of issuance. In the alternative.
The DOE may determine that no
Violation Order should be issued or then
the Notice of Violation should be
'withdrawn for further consicieralicm re
modification- Every determination made
pursuant to this section shall state the
relevant facts and legal bases
supporting the determination.
I 440.54 litolattonOrdw for Inenscileto
Compliance.
(a) Notwithstanding the provisions ce
-1490.52 or 5 490.5.3, the DOE may isse.e
a Violation Order for Immediate
Compliance, which shall be effective
upon issuance and until rescinded or
suspended, if it finds:
(1) There is a strong probability that a
violation hes occurred Is continuing na?
La about to mow; ?
(2) Inesparable harm will OCCUT
the violation is remedied Immediately;
and
CS) The public interest mil-slime the
avoidance ci such irrep. arniele hem
throidi iraraectiate compliance and
waiver of the picocedures afforded mode:
4430.52.
(b) A Vio!atkaa Order for Immediate
Compliance shall be served promptly
upon the person against whom each
Order in !seised by personal aerAce,
telex or telegram, with a copy served by
registered or certified mon. The copy
shall contain a written-statement of far
relevant facts and the legal basis kr tire
Violation Order for Immediate
Compliance, including the riudings
required by paragraph (a) of this section_
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-,40..19001 ParkSAS1446.113.12,,0*.11901:11Mairdria.r..-Wir loPRIVM
lc) The DOE may resc'nd or suspend a
Vicjarion Order for Irm, ?ifitku, ? '
-Ccolplianee if it appears at the criteria
set forth in paragraph (a) of this section
are no longer satisfied. When
appropriate, however, such a suspension
or rescission may be accompanied by a
Nctice of Violation issued under
I 490.52.
-d) If at any time in the course of a
proceeding commenced by a Notice of
V:olation the criteria set forth in
paragraph (a) of this section are
satisfied, the DOE may issue a Violation
0-t-er for Immediate Compliance, even
he 3.0-day period for submitting a
peply to that document has not expired.
?? 400_55 PiSodttication or resclgttio3f1.
a) Any person to whom a Violation
.0::d.er or Violation Order for Immediate
Compliance is directed may make
a:-...plication for modification or
restssion of such Order.
ib) The application shall contain a fall
complete statement of all relevant
f-azts pertaining to the circumstances,
or transaction that is the 'subject of
dee application and to the DOE action
soaght: and shall include a discussion of
?.:t:e relevant authorities which support
-.he position asserted, including, but not
to, DOE rulings, regulations,
inieepretations and decisions. The
E cant shall fully describe the events,
etas or transactions that comprise the
signeficantly changed circumstances, as
deatned in paragraph (e)(2), upon which
the application is based. The applicant
-shall state why, if the significantly
changed circumstance is new or newly
chscovered facts, such facts were not or
cc..J.:,d not have been presented during
the ;dor proceeding.
i a The application should indicate
whether the person requests art informal
conference. A request for a conference- -
rauet be in writing and shall be governed
by the provisions of 10 CFR ? 205.171,
which are incorporated by reference
herein and made a part of this
subsection.
[dais) If the DOE determines that there
is insufficient information upon which to
base a decision and if upon request the
necessary additional information is not
51lb:ratted, the DOE may dismiss the
application without prejudice. If the
failure to supply additional information
is repeated or willful the DOE may
dismiss the application with prejudice.
(2)(i) If the applicant fails to satisfy
the requirements of paragraph (b) of this
section. the DOE shall issue an order
denying the application. The order shall
state the grounds for the denial. --?
(ii) The order denying the application
shall become final within 5 days of ith
service noon the applicant, unless
within surl 5-day period an amendment
to correct the deticienciea identified in
the order is filed with the DOE.
Within 5 days of the filing of such
amendment, the DOE shall notify the
applicant whether the amendment
corrects the specified deficiencies. If the
amendment does not correct the
deficiencies, the notice shall be an order
dismissing the application as amended.
Such order shall be a final agency order
subject to judicial review.
(e) Criteria. (.1) An application for
modification or rescission of an order
shall be processed only if the
application demonetratea that it is based
on significantly changed circumstances.
(2) For purposes of this subpart, the
term "siipificantly changed
circumstances" shall mean--
(i) The discovery of material recta that
were not known or could not have been
known at the time of the proceeding and
action upon which the application is ?
based;
(it) The discovery of a law, regulation.
interpretation, ruling, order or decision?
that was In effect at the time of the
proceeding upon which the application
is based and which, if such had been
made known to the DOE, would have
been retevapt to the proceeding and
would have substantially sheered the
outcome; or
(iii) There has beep a substantial
change in the facts or circumstances
upon which an outstanding and
continuing order of the DOE affecting
the applicant was issued, which change
has occurred during the interval
between issuance of such order and the
date of the application and was caused
by forces or circumstances beyond the.
control of the applicant.
(f) Upon consideration of the
application and other relevant
Information received or obtained during
the proceeding, the DOE shall issue an
order granting or denying the
application. The order shall include a
written statement setting forth the
relevant facts and the legal basis of the
order. Such order shall be a final agency
order subject to judicial review.
490.56 Stag Pend14112 Judicial Review.
(a) Any person to whom a Violation
Order or Violation Order for Immediate
Compliance is directed may make
application for a stay of such Order
pending judicial review.
(b) The application shall contain a full
and complete statement of all relevant
facts pertaining to the act or transaction
that is the subject of the application and
to the DOE action sought. Such facts
shall include, but not be limited to, all
information that relates to the-
satiefaction of the criteria in paragraph
(a). A copy of the Order from which a
stay in sought shall be included with the
application.
(c) If the DOE determines that there is
insufficient information upon which to
base a decision and if upon request
additional infOrmation is not submitted
by the applicant, the DOE may dismiss
idle application without prejudice. If the
failure to eupply additional information
is repeated or willful the DOE may
dismiss the application with prejudice_
(d) The DOE shall grant or deny the
application for stay within 5 business
days after receipt of the application_
(e) Criteria. The grounds for granting,
a stay are:
(1) A showing that irreparable injury
aril result in the event that the stay is
denied;
(2) A showing that denial of the stay
will result in a more immediate serious
hardship or gross inequity to the
applicant than to the other persons
affected by the proceeding;
(3) A showing that it would be
desirable for public policy or other
reasons to preserve the status quo ante
pending a decision on ,the merits of the
appeal or exception;
(4) A showing that it is impossible for
the applicant to fulfill the requirements
of the original order; and
(e) A showing that there is a
likelihood Of success on the merits.
(f) Upon consideration of the
application and other relevant
information received or obtained dunna
the proceeding, the DOE shall issue an
order granting or denying the
application. The order shall include a
written statement setting forth the
relevant facts and the legal basis of the
derision, and the terms and conditions
of the stay.
(g) The grant or denial of a stay is no:
an order of the DOE subject to
administrative review.
400.57 Consent Order.
(a) Notwithstanding any other
provision of this Subpart. the DOE rna:
at any time resolve an outstanding
compliance investigation or proceeding
with a Consent Order. A Consent Order
must be signed by the person to whom I:
is issued, or a duly authorized
representative, and must indicate
agreement to the terms contained
therein. A Consent Order need not
constitute an admission by any persen
that DOE regulations have been
violated, nor need it constitute a find-
by the DOE that such person has
violated DOE regulations. A Consern
Order shall, however, set forth the
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Federal Register / Volspe No, 130 Thursday, July '5, 1979 / Rtdr end Regulations 39,17ii 9
te.MOINEVANIC14,,,,,,,,MMIIM6P2MMICOMOrmtall,;;a4-..Zsx.,17,710c, ,fmatviNICIIPICV-43,1VkaiNer010V.Zeeer,IROWNKinille244S4,.-,SMIZMAgigagfr
tdevant tvits which form the basis for
1:ie Order., A Consent Order is a tIn al
?1-.)rcler of the DO% having the same iii?ce
and effect as a Violation Order issued
pursuant to a 490.53.
(b) At any time and In accordance
with the procedures of 490.55, a
Consent Order may be modified or
rescinded upon petition by the person to
whom the Consent Order was issued,
and may be rescinded by the DOE upon
discovery of new evidence which is
materially inconsistent with the
evidence upon which the DOE's
aecepianee of the Consent Order was
based.
(c) Notwithstanding the issuance of a
Consent Order, the DOE may seek civil
or criminal penalties or compromise
civil penalties pursuant to Subpart G
concerning tnattera encompassed by the
. Consent Order, unless the Consent
Order by it; terms expressly precludes
the DOE from so doing, .
(d) If at any time after a Consent
Order becomes effective it appears to
the DOE that the terms of the Consent
Order have been violated, the DOE may
refer such violations to the Department
of juutice for appropriate action in
accordance with Subpart G.
?420.513 Flemectie&
- . A Violation Order, a Violation Order
for Immediate Compliance, a
Modification or Rescission Deciaion and
Order, or a Consent Order may require
the person to whom it is directed to
make an appropriate adjustment in
balding or domestic hot water
temperature, to post a cortect Certificate
of Building Compliance, and to take
such other action as the DOE
determines is necessary to eliminate the
effects of a violation.
Subp&rt G?Investigations, Violations,
SanciJona, Injunctions and Judicial
Acta
{ 4'0.151 irreasli2ations.
" Investigations will he conducted in
accordance with the provisions set forth
In 10 C.F.R. ? wszcri.
?494.62 Violations.
Any practice that circumvents or
-contravenes or results in a
circumvention or contravention of the
requirementa of any provision of this
Part or any order issued pursuant
thereto is a violation of the regulations
stated in this Part.
4 440.63 Sanction&
(a) General. Any person who violates
any provision of this Part or any Order
issued pursuant thereto shalt be subject
to penalties and aanctions as provided
herein.
(1) The provisions herein for penalties
ad sanctions shell be deemed
cumuletive and not mutually exclusive.
(2) Each day that a violation of the
provisions of this chapter or any order
Issued pursuant thereto continues shall
be deemed to constitute a separate .
eiolation within the meanina of the .
provisions of this chapter relating to
criminal fines and civil penalties.
(b) Civil penalties. (1) Any person
who violates any provisions of this Part
or any order issued pursuant thereto
shall be subject to a civil penalty of not
more than $5,000 for each violation.
(2) The DOE may at any time refer a
violation to the Department of justice for
the commeticerneet of an action for civil
penalties. When the DOE considers it to
be appropriata or advisable, it may
compromise. settle and collect civil
penalties. -
(c) Criminal penalties. ('t) Any person
who willfully violates any provision of
this Part or any order-Issued pursuant
thereto shall he fined not more than o
CS-10,000 for each violation.
(2) The DOE may at any time refer a
willful violetion to the Department of
Justice for criminal prosecution.
(di Other penalties. Willful
concealment of material facts or false or
fictitious or fraudulent stritemente or
represenie1ions, or willful use of any
false writes or docurnent containing
falsia., fictitious or fraudulent stanaments
pertainina to matters within the scope of
section 52,4(c) of the EPCA by any
person shall subject such person to the
criminal penalties provided in 18 U.S.C.
I 1001 (1970).
I 49044 trqunctions.
Whenever it appears to the DOE that
any person has engaged, is engaged, or
Is about to eTagoge in any act or practice
constituting a violation of any regulation
or order Issued under this chapter, the
DOE may request the Attorney Genered
to bring an action in the appropriate
district court of the United States to
enjoin such acts or practices and, upon a
proper showina, a temporary restraining
order or a preliminary restraining order
or a preliminary or permanent injuction
shall be granted without bond. The relief
aoueht may Include, without limitation, a
mandatory injunction commanding any
person to comply with any such order or
regulation.
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