[Federal Register Volume 62, Number 135 (Tuesday, July 15, 1997)]
[Notices]
[Pages 37897-37899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18531]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Docket No. EE-WKS-97-800]
Alternative Fuel Transportation Program
AGENCY: Department of Energy (DOE).
ACTION: Notice of public workshop and opportunity for public comment.
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SUMMARY: DOE announces a public workshop on its programs to promote
petroleum replacement motor fuels. The workshop will focus on issues
related to: (1) The development of programs to promote replacement and
alternative fuels under Title V of EPACT and (2) a pending petition for
rulemaking that asks DOE to modify the existing alternative fuel
vehicle acquisition program (10 CFR part 490) by making a biodiesel
blend known as B-20 an eligible alternative fuel. DOE also provides an
opportunity for written comments on issues to be discussed at the
workshop.
DATES: Written comments, ten (10) copies, must be received by DOE by
September 15, 1997.
Oral views, data, and suggestions may be presented at the public
workshop which is scheduled to take place 8:30 a.m. on July 31-August
1, 1997, at St. Louis, MO.
ADDRESSES: The public workshop will take place at the Holiday Inn
Convention Center, 811 N. 9th Street (at Convention Plaza Drive), Salon
A, St. Louis, Missouri. A block of hotel rooms has been reserved at the
rate of $64.50. Please mention the Department of Energy Workshop when
making your reservations. To assist DOE in planning for this workshop,
please call Andi Kasarsky, (202) 586-3012, to confirm your attendance.
Written comments should be sent to Paul McArdle, U.S. Department of
Energy, EE-34, Docket No. EE-WKS-97-800, 1000 Independence Ave., SW,
Washington, DC 20585.
A copy of the petition for rulemaking is on file for public
inspection in DOE's Freedom of Information Reading Room, Forrestal
Building, Room 1E-190, 1000 Independence Avenue, SW, Washington, DC
20585.
FOR FURTHER INFORMATION CONTACT: Paul McArdle, Program Manager, Office
of Energy Efficiency and Renewable Energy, EE-34, U.S. Department of
Energy, 1000 Independence Avenue, SW, Washington, DC 20585, (202) 586-
9171.
SUPPLEMENTARY INFORMATION:
I. Introduction and Background
DOE has received a petition for rulemaking to amend the definition
of ``alternative fuel'' in 10 CFR part 490 by adding a biodiesel blend
(B-20) which is, by volume, 80 percent petroleum and 20 percent
biological non-petroleum material. Part 490 sets forth the regulations
that implement Title V of
[[Page 37898]]
the Energy Policy Act of 1992 (EPACT) (Pub.L. 102-486) which mandates
alternative fuel vehicle acquisition requirements for certain
alternative fuel providers and State government fleets. Title V of
EPACT provides for one of a variety of EPACT programs to promote fuels
that displace petroleum motor fuels, and the petition for rulemaking
has prompted DOE to focus on a variety of policy issues about the
development and interrelationships of these programs. The public
workshop and the opportunity for public comment announced in this
notice are intended to elicit public input that would be useful
generally in elaborating the EPACT replacement fuel programs and
specifically in determining whether to propose the rule the petitioner
requests.
Titles III, IV, V, and VI of EPACT authorize a variety of general
and specific program authorities to promote any ``replacement fuel''
that displaces a substantial portion of petroleum as a component of
motor fuel. Section 301(14) of EPACT defines the term ``replacement
fuel'' as ``the portion of any motor fuel'' that is any one of a list
of specific fuels including ``fuels (other than alcohol) derived from
biological materials.'' 42 U.S.C. 13211(14). As discussed above, B-20,
the fuel that is the subject of the petition for rulemaking, is a motor
fuel 20 percent of which is derived from biological materials. That 20
percent thus appears to be a ``replacement fuel'' within the meaning of
section 301(14).
Section 502 of the Act provides general authority to establish a
program to promote the development and use of replacement fuels in
light duty motor vehicles. 42 U.S.C. 13252. However, section 502 leaves
to DOE, in consultation with other agencies, the task of determining
the appropriate programmatic means and methods to achieve the program
objectives which may require further legislation or appropriations.
Although the petition for rulemaking does not deal with possible
programs under section 502, one of DOE's purposes in holding a workshop
is to explore how replacement fuels should be promoted under section
502.
In addition to the general authority in section 502, EPACT contains
specific authorities with respect to ``alternative fuels.'' Title III
of EPACT requires Federal fleet acquisitions of alternative fueled
vehicles; Title IV includes specific authority for a financial
incentive program for States, a public information program, and a
program for certifying alternative fuel technician training programs;
Title V provides for separate regulatory mandates for the purchase of
alternative fueled vehicles which apply to certain alternative fuel
providers and State government fleets and for a possible similar
mandate for private and municipal fleets; and Title VI provides for a
program to promote electric motor vehicles.
The types of vehicles that satisfy the mandates in Title III and
Title V are determined in part by the definition of ``alternative
fuel'' in section 301(2). That definition provides:
``alternative fuel means methanol, denatured ethanol, and other
alcohols; mixtures containing 85 percent or more (or such other
percentage, but not less than 70 percent, as determined by the
Secretary, by rule, to provide for requirements relating to cold
start, safety, or vehicle functions) by volume of methanol,
denatured alcohol, and other alcohols with gasoline or other fuels;
natural gas; fuels (other than alcohol) derived from biological
materials; electricity (including electricity from solar energy);
and any other fuel the Secretary determines, by rule, is
substantially not petroleum, and would yield substantial energy
security benefits and substantial environmental benefits.'' 42
U.S.C. 13211(2).
In contrast to the definition of ``replacement fuel,'' which is the
non-petroleum component of a motor fuel, this definition focuses on the
entire content of the fuel. It is possible, therefore, that a given
fuel could contain a component that is a ``replacement fuel'' but the
whole fuel is not an ``alternative fuel.''
In the rulemaking to establish the policies applicable to the Title
V regulatory mandates, DOE considered and then declined to propose a
rule to add reformulated gasoline to the list of alternative fuels in
section 301(2). The rationale for this conclusion was that the
percentage of reformulated gasoline constituting petroleum was too
large to warrant a determination that the entire fuel is
``substantially not petroleum.'' According to one commenter,
reformulated gasoline could be as much as 17 percent non-petroleum and
83 percent petroleum. 61 FR 10622, 10630 (March 14, 1996).
In arguing for inclusion of B-20 in the definition of ``alternative
fuel,'' the petition for rulemaking addresses the general criteria for
adding to the list of ``alternative fuels.'' The petition argues that
B-20 is substantially not petroleum and would yield substantial energy
security benefits and substantial environmental benefits. DOE has
placed a copy of the petition in its Freedom of Information Reading
Room for public inspection. Issues raised by the petitioners account
for some of the issues listed in the draft issue agenda for the
workshop that is set forth below. DOE intends to proceed rapidly after
the workshop toward issuing a written decision granting or denying the
petition after considering relevant information and views that are
provided in the workshop or in written comments. The agenda also will
include issues that go beyond the scope of the pending petition for
rulemaking, such as appropriate replacement fuel programs.
II. Conduct of the Workshop
The workshop will be conducted by an experienced facilitator in an
informal, conference style. The draft agenda described below is subject
to modification to ensure that those who attend will have an adequate
opportunity to raise issues, offer information, state their views, and
interact with other attendees. With respect to some of the issues, the
facilitator may ask DOE program staff to make short introductory
presentations to provide a useful context for discussion. A transcript
of the workshop proceedings will be prepared. There will be no
discussion of proprietary information, costs or prices, or other
commercial matters regulated by antitrust law.
III. Preliminary Draft Issue Agenda
A. Replacement Fuel Programs
What are the most suitable means and methods of developing
and encouraging the production, distribution, and use of replacement
fuels?
B. Criteria for Designating ``Alternative Fuels'
1. Substantially Not Petroleum
Is it appropriate to set a threshold level of non-
petroleum content that would warrant a proposed rule to include the
fuel in the list of ``alternative fuels?'
How should DOE define a threshold level of non-petroleum
content that would warrant a proposed rule to include the fuel on the
list of ``alternative fuels?''
What are the permissible interpretations of the statutory
term ``substantially not petroleum?'
2. Substantial Energy Security Benefits
Should DOE request a detailed analysis showing how the
final energy balance reflecting the amounts and types of energy
consumed in production, distribution, and use of a candidate fuel
compares to the equivalent path for petroleum production, distribution
and use?
What other factors, such as diversification of resources,
location of production outside of the United States,
[[Page 37899]]
use of renewable energy sources, and ability to increase production
quickly, should be considered?
3. Substantial Environmental Benefits
Should DOE request that petitioners identify the physical
and chemical properties of the candidate fuel such as specific gravity,
initial boiling point, flash point, and vapor pressure at 100 degrees
Fahrenheit?
Should petitioners be required to identify environmental
detriments and to show that they are either insignificant or outweighed
substantially by environmental benefits?
Should the environmental analysis focus on the total fuel
cycle, including production, distribution, and use of the candidate
fuel?
Should petitioners be required to show that alternative
fueled vehicles operating on the fuel meet Federal Tier I emissions
standards and to submit emissions data including exhaust emissions and
evaporative emissions for all fuels with Reid vapor pressures of 7.0
psi or greater to be used in spark-ignited engines?
How should information on greenhouse gas emissions be
presented?
4. Other Considerations
Would it be permissible and appropriate to condition
designation as an ``alternative fuel'' on a requirement that DOE would
only give credit to a newly acquired vehicle that actually uses the new
``alternative fuel?'
Issued in Washington, DC, on July 10, 1997.
Joseph J. Romm,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 97-18531 Filed 7-14-97; 8:45 am]
BILLING CODE 6450-01-P
