(13) Window Heat Loss Retardants. A window heat loss retardant is applicable when the living area has a window with fewer than three panes.

(14) Solaria/sunspace Systems. A solaria/ sunspace system is applicable when the living area has either a south-facing (+ or -45° of true south), ground level wall, or a south-facing adjacent patio, porch or balcony that is free from major obstruction to solar radiation and can support the weight of a retrofit solaria/sunspace.

(15) Indirect Gain Systems. A Thermosyphon Air Panel is applicable when the living area has a south-facing (+ or -45° of true south) wall which is not solid masonry construction, which is accessible for installation from the outside and is free from major obstruction to winter insulation. A Trombe wall is applicable when the living area has a south-facing (+ or -45° of true south) solid masonry wall that is accessible for installation from the outside and is free from major obstruction to solar radiation. A water wall is applicable when the living area has a south-facing (+ or -45° of true south) ground level wall that is free from major obstruction to solar radiation, and the ground level floor is slab on grade or has sufficient structural strength to support a water wall.

(c) Heating Energy Use Cutoffs. Heating energy use cutoffs shall be determined for replacement furnances or boilers, replacement oil burners, flue dampers, active solar space heating, and combined solar space heating and solar domestic hot water systems. After all heating energy use cutoff levels for each category of fuel type have been determined, a State has the option to use the lowest of these levels as the cutoff for all of the heating measures. The auditor will audit for a measure if the annual heating energy use of the dwelling is greater than the heating energy use cutoff for that measure. The annual heating energy use of a dwelling unit must be determined by removing the contribution of nonspace heating sources (such as water heating or lighting) from the total energy usage.

(1) Replacement Furnace or Boiler. The following formula shall be used to determine the heating energy use cutoff for oil, gas, electric, and heat pump heating systems:

LEP local energy price, $/unit energy (same energy units as ERBCO)

7 is the payback period in years

0.18 is a high estimate of the proportion of heating energy that may be saved due to a replacement oil burner.

(3) Flue Damper. The following formula shall be used to determine the heating

LEP local energy price, $/unit energy (same energy units as EDCO)

7 is the payback period in years

0.1 is a high estimate of the proportion of heating energy that may be saved due to a flue damper.

(4) Active Solar Space Heating. (i) The cost of active solar space heating systems depends on insulation as well as heating energy use, which makes it difficult to produce a generic formula that will indicate the annual heating energy use cutoff level which corresponds to a 7-year simple payback. Therefore, a State shall determine the heating energy use cutoff level by calculating the simple payback associated with a range of annual heating energy uses and then, by successive approximation, determine the heating energy use cutoff level that corresponds to a 7-year simple payback.

(ii) Use the following procedure to determine the heating energy use cutoff for solar space heating:

(A) Determine savings (using each heating fuel type) and costs for active solar space heating using an approved audit procedure, such as the Model Audit, for a range of annual heating energy uses. For each fuel, choose an annual heating energy use cutoff level, based on these calculations, which corresponds to a 7-year simple payback.

(B) Calculations should assume: no obstruction to solar radiation; due south orientation of collectors; a solar savings fraction consistent with the values given in the Model Audit for the climate (solar savings fraction is the percent of the heating load provided by the Solar system); enough roof area to provide the solar savings fraction indicated above; and the tilt of the collector should be optimal for the specified latitude.

(5) Combined Solar Space Heating and Solar Domestic Hot Water Systems. (i) The cost of combined active solar space heating and solar domestic hot water systems depends on insulation as well as heating energy use which makes it difficult to produce a generic formula that will indicate the annual heating energy use cutoff level which corresponds to a 7-year simple payback. Therefore, a State shall determine the

heating energy use cutoff level by calculating the simple payback associated with a range of annual heating energy uses and then by successive approximations determine the heating energy use cutoff level that corresponds to a 7-year simple payback.

(ii) Use the following procedures to determine the cutoff for combined solar space heating and domestic hot water systems.

(A) Determine savings (using each heating fuel type) and costs for active solar space heating using an approved audit procedure, such as the Model Audit, for a range of annual heating energy uses. For each fuel, choose an annual heating energy use cutoff level, based on these calculations, which corresponds to a 7-year simple payback.

(B) Calculations should assume: no obstruction to solar radiation; due south orientation of collectors; a solar savings fraction consistent with the values given in the Model Audit for the climate (solar savings fraction is the percent of the heating load provided by the solar system); enough roof area to provide the solar savings fraction indicated above; the tilt of the collector should be optimal for the specified latitude; and the hot water usage is 80 gallons per day with the water temperature set at 120° F.

(d) Cooling Energy Use Cutoffs. (1) Cooling energy use cutoffs shall be determined for replacement central air-conditioners.

(2) Replacement Central Air-Conditioners. (i) The following formula shall be used to determine the cooling energy use cutoff for replacement central air-conditioners:

unit is greater than the cooling energy cutoff. The annual cooling energy use of the dwelling unit shall be determined by removing the contribution of noncooling sources, (such as lighting, appliances, and water heating) from the total energy consumption.

(e) Domestic Hot Water Use Cutoff. (1) A domestic hot water use cutoff level shall be determined for solar domestic hot water systems. The cost of solar domestic water heater systems depends on insulation as well as hot water use which makes it difficult to produce a generic formula which will indicate the hot water use cutoff level which corresponds to a 7-year simple payback. Therefore, a State shall determine the simple payback associated with a range of daily hot water uses and then by successive approximation determine the hot water use cutoff level that corresponds to a 7-year simple payback.

(2) Solar Domestic Hot Water System. Use the following procedures to determine the domestic hot water use cutoff for solar domestic hot water systems.

(i) Determine savings (for each water heating fuel type) and costs for solar domestic hot water, using an approved audit procedure, such as the DOE Model Audit, for a range of gallons per day of hot water usage. (ii) Based on the sample calculations, determine what is the gallons-per-day cutoff level for each fuel type which corresponds to a 7-year simple payback. Calculations should assume: no obstruction to solar radiation; due south orientation of collectors; a solar savings fraction consistent with the values given in the Model Audit for the climate (the solar savings fraction is the percent of the water heating load provided by the solar system); enough roof area to provide the solar savings fraction indicated above; and the tilt of the collector should be optimal for the specified latitude.

(iii) This gallons-per-day number shall be used as a cutoff level for determining whether to audit for a solar domestic hot water system in a multifamily dwelling unit. A method must be developed for auditors to determine gallons-per-day usage at the dwelling unit. (For example, the DOE Model Audit determines gallons-per-day usage using the number of people in residence and the presence of a dishwasher and/or a washing machine.)

[47 FR 27774, June 25, 1982, as amended at 47 FR 53233, Nov. 24, 1982]

458.201 Scope.

458.202 Initial submission.

458.203 Notice, comment, and public hearing.

458.204 Procedures for submission and approval of a state plan.

458.205 Building heating suppliers. 458.206 Tennessee Valley Authority. 458.207 Exemptions.

Subpart C-Content of a State Plan 458.301 Scope.

458.302 Coverage of a State Plan. 458.303 Procedures for enforcing compliance with a State Plan.

458.304 Audit announcement. 458.305 Program audit. 458.306 Duplicate audits. 458.307 Program measures. 458.308 Qualifications for program auditors.

458.309 Subsequent customers. 458.310 Accounting and payment of costs. 458.311 Customer billing. 458.312 Coordination.

458.313 Building heating supplier program. 458.314 Reports and recordkeeping.

Sec.

458.503 Use of standby authority in lieu of

a State Plan.

458.504 Standby authority for nonregulat

ed utilities.

458.505 Failure to comply with orders. 458.506 Enforcement provisions;

assess

ment of civil penalties. 458.507 Election of review procedures. 458.508 Hearing before administrative law judge and review in court of appeals. 458.509 Assessment by assistant secretary and de novo review in district court. 458.510 Recovery of penalty. APPENDIX I TO PART 458-PROGRAM MEASURE APPLICABILITY CRITERIA

AUTHORITY: Title VII of the National Energy Conservation Policy Act, Pub. L. 95– 619, as added by Subtitle D of Title V of the Energy Security Act, Pub. L. 96-294, 94 Stat. 752-758 (42 U.S.C. 8281-8284); Department of Energy Organization Act, Pub. L. 95-91, 91 Stat. 565-613 (42 U.S.C. 7101-7352). SOURCE: 48 FR 49642, Oct. 26, 1983, unless otherwise noted.

Subpart A-General Provisions and Definitions

§ 458.101 Purpose and scope.

This part contains the regulations of the Commercial and Apartment Conservation Service (CACS) Program. These regulations are required by Title VII of the National Energy Conservation Policy Act, Pub. L. 95-619 (42 U.S.C. 8281-8284), as enacted in subtitle D of Title V of the Energy Security Act, Pub. L. 96-294.

§ 458.102 Definitions-general.

a

For purposes of this Part, the term"Apartment Building" means building which is used for residential occupancy, was completed on or before June 30, 1980, contains five or more apartments and uses any of the following: a central heating system; a central cooling system; or a central meter for the heating or cooling system.

"Assistant Secretary" means the Assistant Secretary for Conservation and Renewable Energy of the U.S. Department of Energy.

"Audit Announcement" means the offer of an audit which § 458.304 requires a covered utility or covered building heating supplier to provide to each eligible customer.

"Building Heating Supplier" means any person engaged in the business of

(a) Which was completed on or before June 30, 1980;

(b) Which is used primarily for carrying out a business (including a nonprofit business) or for carrying out the activities of a State or local government;

(c) Which is not used primarily for the manufacture or production of products, raw materials, or agricultural commodities;

(d) Which is not a Federal building; (e) For which the average monthly use of energy for calendar year 1980 (or the latest twelve month period for which information is readily available) was less than the following:

(1) 4,000 kilowatthours of electricity, unless it is determined that the building exceeds the average monthly fuel prescribed in either paragraph (e) (2) or (3) of this definition;

(2) 1,000 therms of natural gas, unless it is determined that the building exceeds the average monthly fuel use prescribed in either paragraphs (e) (1) or (3) of this definition; and

(3) 100 million Btu of any other fuel, unless it is determined that the commercial building exceeds the average monthly fuel use prescribed in paragraphs (e) (1) and (2) of this definition.

(f) For purposes of determining the consumption limits in paragraph (e) of this definition, all exterior devices which are connected to the same meter as the building may be considered part of the building.

(g) For purposes of this part, “building" means any space which has permanent walls with no openings connecting the space to any adjacent conditioned space, is separately heated and cooled, and has its own meter(s).

"Covered Building Heating Supplier" means a building heating supplier included in a State Plan.

"Covered Utility" means in any calendar year a public utility (regulated or nonregulated) which during the second preceding calendar year had either

(a) Sales of natural gas for purposes other than resale which exceeded 10 billion cubic feet; or

(b) Sales of electric energy for purposes other than resale which exceeded 750 million kilowatt-hours.

"DOE" means the United States Department of Energy.

"Eligible Customer" means any of the following:

(a) With respect to a covered utility, the owner or tenant of a commercial building or the owner (or the owner's agent) of an apartment building to whom the covered utility sells electricity or natural gas, for use in the building and who is the utility customer of record; or

(b) With respect to a building heating supplier, the owner or tenant of a commercial building or the owner (or the owner's agent) of an apartment building to whom the building heating supplier sells No. 2, No. 4, or No. 6 heating oil, kerosene, or propane for use in the building and who is the supplier's customer of record.

“Federal Building” means any building or other structure owned in whole or part by the Government of the United States or a Federal agency, including any structure occupied by a Federal agency under a lease-acquisition agreement under which the United States or a Federal agency will receive fee simple title under the terms of the agreement without further negotiations.

"Governor" means the Governor or chief executive officer of a State or the Governor's designee.

"Lead Agency" means a State agency authorized by law or designated by the Governor to develop and submit a State Plan.

"NECPA" means the National Energy Conservation Policy Act, Pub. L. 95-619.

"Nonregulated Utility Plan” means a plan developed pursuant to Subpart D of this part.

"Program Audit" means an on site inspection of a commercial building or an apartment building carried out in accordance with the requirements of § 458.305.

"Program Information" means the audit announcement and any information dissemination activities related to a CACS Program.

"Public Utility" means any person, State agency, or Federal agency which is engaged in the business of selling natural gas or electric energy, or both, for use in commercial buildings or apartment buildings.

"Rate" means any price, rate, charge, or classification made, demanded, observed, or received with respect to sales of electric energy or natural gas, any rule, regulation, or practice respecting any rate, charge or classification, and any contract pertaining to the sales of electric energy or natural gas.

"Ratemaking Authority" means authority to fix, modify, approve, or disapprove rates.

"Regulated Utility" means a public utility with respect to whose rates a State regulatory authority has ratemaking authority.

"Secretary" means the Secretary of Energy.

"State" means a State, the District of Columbia, and Puerto Rico.

"State Agency" means a State, a political subdivision thereof, or any agency or instrumentality of either.

"State Plan" means a plan developed pursuant to Subpart C of this part.

"State Regulatory Authority” means any State agency which has ratemaking authority with respect to the sales of electric energy or natural gas by any public utility (other than by such State agency), except that in the case of a public utility with respect to which the Tennessee Valley Authority has ratemaking authority, such term means the Tennessee Valley Authority.

"TVA" means the Tennessee Valley Authority.