not refile a request for the next year, if its chief executive officer (or other individual designated by such officer) submits a certification that all items in the request filed the previous year are still true and accurate to the best of his knowledge. (OMB control

number 1904-0036)

[45 FR 10226, Feb. 14, 1980, as amended at 46 FR 63209, Dec. 31, 1981]

§ 445.36 Filing deadline and address.

The requests made pursuant to § 445.34 and § 445.35 must be received by DOE by February 28 of each year and must be sent to the following address: Office of Industrial Programs, U.S. Department of Energy, Room 2H085, 1000 Independence Avenue, S.W., Washington, D.C. 10585. DOE may change the deadline and address for submission of such requests by publishing a notice of such change in the FEDERAL REGISTER.

§ 445.37

Determination of exempt corporations and adequate reporting programs.

(a) Annually, in accordance with the criteria set forth in § 445.32 and § 445.33, DOE will exempt corporations and determine the adequacy of the reporting programs in which they participate, pursuant to the procedures set forth in paragraph (b) of this section.

(b) DOE will publish in the FEDERAL REGISTER for public comment its proposal to exempt corporations and to determine as adequate the reporting programs in which they participate. After considering comments from interested persons, DOE will exempt corporations and determine the adequacy of the reporting programs in which they participate by publishing a list of corporations and sponsors of programs in the FEDERAL REGISTER.

§ 445.38 Failure to report.

(a) If a sponsor of an adequate reporting program fails to submit the report required by § 445.23 by the deadline established in § 445.25, DOE may, by notice to the sponsor and to the identified corporations which participate in its program, revoke its determination that the sponsor has an adequate reporting program. Within

(b) No liability shall attach to, and no civil or criminal penalties shall be imposed on, any corporation for any failure to meet any energy efficiency improvement target or any recovered materials utilization target contained in this subpart.

§ 445.42 Energy efficiency improvement targets.

(a) Each energy efficiency improvement target is a percentage figure which represents, for a major energyconsuming industry, the percentage reduction in energy consumption per unit of production which DOE has determined that such industry can achieve between calendar year 1972 and January 1, 1980, as established in 42 FR 29642, June 9, 1977, "Final Industrial Energy Efficiency Improvement Targets." Each target is set at a level which represents the maximum feasible improvement in energy efficiency that each industry can achieve.

(b) The energy efficiency improvement targets are set forth in Table I.

§ 445.43 Modification of energy efficiency improvement targets.

An energy efficiency improvement target in § 445.42 may be modified at any time if DOE

(a) Determines that such target cannot reasonably be attained or could reasonably be made more stringent, and

(b) Publishes such determination in the FEDERAL REGISTER together with a statement of the basis and justification for the modification after providing an opportunity for public comment on any proposed modification.

§ 445.44 Recovered materials utilization targets.

(a) Recovered materials utilization targets are established for each of the following industries-textile mill products, paper and allied products, metals and metal products, and rubber.

(b) Each recovered materials utilization target is a percentage figure which represents, for each industry subdivision listed in paragraph (c) of this section, the amount of recovered materials from prompt industrial and obsolete scrap which DOE has determined can be used per unit of production by calendar year 1987. Each target is set at a level which represents the maximum feasible increase in the utilization of recovered materials which the industry can achieve progressively by January 1, 1987.

(c) The recovered materials utilization targets are set forth in Tables II, III, IV, and V.

ADJUST FUTURE PRINCIPAL AND INTEREST
PAYMENTS TO BASE YEAR EQUIVALENT
VALUES

AUTHORITY: Part C of Title III, Energy Policy and Conservation Act, (42 U.S.C. 6321 et seq.), as amended by Part B of Title IV, Energy Conservation and Production Act, and Parts G and H of Title III, Energy Policy and Conservation Act, as added by Title III of the National Energy Conservation Policy Act, 92 Stat. 3206 et seq.; Department of Energy Organization Act, (42 U.S.C. 7101 et seq.)

SOURCE: 42 FR 33162, June 29, 1977, unless otherwise noted.

EDITORIAL NOTE: Regulations in this part are affected by a document published at 44 FR 37938, June 29, 1979. See the redesignation table appearing in the Finding Aids section of this volume.

Subpart A-General Provisions

§ 450.1 Purpose and scope.

(a) This part designates energy measures and the types of, and requirements for, energy audits as required by the Department of Energy, pursuant to Section 432(d) of the Energy Conservation and Production Act, Pub. L. 94-385, 90 Stat. 1125 et seq., which adds Section 365(e) (1) and (2), 42 U.S.C. 6325(e) (1) and (2), to the Energy Policy and Conservation Act, 42 U.S.C. 6201 et seq.

(b) This part also contains the projections of future energy prices which shall be used in calculating the changes in energy costs which will result from installation of a particular modification in a building or industrial plant, and includes the criteria for determining whether the installation of a particular modication meets certain requirements of the Act for designation as an energy measure.

(c) This part also provides the requirements for the conduct of preliminary energy audits and energy audits

in accordance with Section 393 and Section 400 C of the Energy Policy and Conservation Act, Pub. L. 94-163, 42 U.S.C. 6321, as amended by Title III of the National Energy Conservation Policy Act, Pub. L. 95-619, 92 Stat. 3206 et seq.

[42 FR 37800, July 25, 1977, as amended at 44 FR 19350, Apr. 2, 1979]

§ 450.2

Uses of energy audit procedures. The requirements of this part shall be used

(a) To establish minimum requirements for the type of energy audit to be carried out under a supplemental plan;

(b) To provide a process to measure the energy and cost savings to be derived from the installation or implementation of an energy measure; and

(c) To provide a process to identify a modification as an energy measure for purposes of the Act.

(d) To establish minimum requirements for the preliminary energy audits and energy audits to be carried out under the program of financial assistance for schools and hospitals and the program of financial assistance for units of local government and public care institutions.

[42 FR 33162, June 29, 1977, as amended at 44 FR 19350, Apr. 2, 1979]

As used in this part

"Act" means the Energy Conservation and Production Act, Pub. L. 94385, 42 U.S.C. 6325.

"ANSI Standard" means a standard prescribed by the American National Standards Institute.

"Appliance" means an energy consuming article or device designed for household use, the primary purpose of which is labor saving or personal convenience and which, although connected to public utilities servicing a building, is not attached to the building in such a way that it would be considered part of the building or building system; for example, room air-conditioners, room heat pumps, room heaters, refrigerators, refrigerator-freezers, clothes washers and dryers, dishwashers, kitchen ranges and ovens, and television sets. Energy consuming articles

or devices not classified as an appliance and considered part of a building or building system include, but are not limited to, water heaters, central heat pumps, central air-conditioners, and central heating units.

"Approved" means, with respect to an energy measure, any modification which is included on the list of energy measures published by DOE pursuant to section 365(e)(1), 42 U.S.C. 6325(e)(1), of the Energy Policy and Conservation Act.

"ASTM Standard” means a standard prescribed by the American Society for Testing and Materials.

"Attributed Life" means, with respect to an energy conservation measure, the time period which is equal to either the useful life or 15 years, whichever is less or, with respect to a renewable-resource energy measure, the time period which is equal to either the useful life or 25 years, whichever is less.

"Auditor" means any person who conducts an energy audit and certifies it to be in conformance with this regulation.

"British Thermal Unit" means the amount of heat required to raise the temperature of one pound of water from 59.5 to 60.5 degrees Fahrenheit at one atmosphere of pressure.

"Btu" means British thermal unit or units.

"Building" means any structure which includes provisions for a heating or cooling system, or both, or a hot water system, and which was constructed prior to August 14, 1976.

"Building Envelope" means all external building surfaces, such as walls, doors, windows, roof, and floors in contact with the ground, which are affected by weather.

"Climatic Zone" means a geographical area of the United States designated by DOE.

"Compressor Hours" means the average number of hours which an air conditioning compressor must operate to provide the cooling needed for space conditioning for a cooling zone.

"Cooling degree days" means the annual sum of the number of Fahrenheit degrees of each day's mean temperature above 65° for a given locality.

"Cooling Zone" means a climatic zone based on cooling degree days or compressor hours.

"Depletable

Energy Resource" means a fossil fuel or nuclear fission fuel.

"Distillate Fuel" means those light and middle fuel oil derivatives from petroleum, such as kerosene, home heating oil, range oil, stove oil, diesel fuel, kerosene-type jet fuel, including Numbers 1, 2, 3, and 4 fuel oils.

"DOE" means the Department of Energy.

"Dual-Purpose Power Plant" means an equipment configuration which produces both electricity and useful thermal energy and which consumes, exclusive of the fuel required to produce the useful thermal energy, less than 7,500 Btu of fuel per kilowatt-hour of electricity produced.

"Dwelling Unit" means a house, including a stationary mobile home, an apartment, a group of rooms, or a single room occupied as separate living quarters.

"Energy Audit" means a process, carried out in accordance with this part, which identifies and specifies the energy and cost savings which are likely to be realized through the purchase and installation of an energy measure. "Energy

Conservation Measure"

means a modification which has been determined by means of an energy audit or by DOE, by rule, to be likely to improve the efficiency of energy use and to reduce energy costs in an amount sufficient to enable a person to recover the total cost of purchasing and installing such measure, without regard to any tax benefit or Federal financial assistance applicable thereto, within the period of

(1) The useful life of the modification involved; or

(2) Fifteen years after the purchase and installation of the modification, whichever is less.

The term does not include the purchase or installation of any appliance, any conversion from one fuel or source of energy to another which DOE, by rule, determines is ineligible on the basis that such type of conversion is inconsistent with national policy with respect to energy conservation or re

duction of imports of fuels, or any measure or type of measure which does not have as its primary purpose an improvement in efficiency of energy use.

"Energy Measure" means an energy conservation measure or a renewableresource energy measure.

"Federal Region" means one of the 10 standard regions as described in OMB Circular A-105, Standard Federal Regions.

"Heating degree days" means the annual sum of the number of Fahrenheit degrees of each day's mean temperature below 65° for a given locality.

"Heating Zone" means a climatic zone based on heating degree days. "HVAC" means heating, ventilating and air conditioning.

"IEEE Standard” means a standard prescribed by the Institute of Electrical and Electronic Engineers.

"Industrial Plant" means any fixed equipment or facility which is used in connection with, or as part of, any process or system for industrial production or output and which was constructed prior to August 14, 1976.

"Industrial Process" means an action or series of actions in connection with, or part of, a process or system contributing to the production or output of an industrial plant.

"Liquefied Petroleum Gas" means propane, butane, propane/butane mixes, ethylene and ethane.

"LPG" means liquefied petroleum gas.

"Modification" means a change which can be purchased and installed in a building or industrial plant, and which can result in energy and cost savings.

"Nondepletable Energy Resource" means a type of energy resource other than a depletable energy resource.

"Regional Representative" means a Regional Representative of the Department of Energy.

"Renewable-Resource Energy Measure" means a modification which has been determined by means of an energy audit or by DOE, by rule, to

(1) Involve changing, in whole or in part, the fuel or source of energy used to meet the requirements of such building or plant from a depletable

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