[Federal Register Volume 70, Number 29 (Monday, February 14, 2005)]
[Proposed Rules]
[Pages 7442-7443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2779]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
10 CFR Part 490
[Docket No. EE-RM-02-200]
Alternative Fuel Transportation Program; Fischer-Tropsch Diesel
Fuels
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Proposed rule; notice of availability of status review.
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SUMMARY: This document announces the availability of a Department of
Energy (DOE) document concerning diesel fuel made from natural gas
using the Fischer-Tropsch process which is being added to docket number
EE-RM-02-200. The document is the DOE's status review of its evaluation
of Fischer-Tropsch diesel (FTD) under the Energy Policy Act of 1992
(EPAct), undertaken partly in response to three petitions received by
DOE requesting rulemakings to designate FTD fuels as alternative fuels.
For the reasons identified in the status review document, DOE currently
is unable to make the necessary finding that FTD fuel meets the
``yields substantial environmental benefits'' criterion under section
301(2) and is not undertaking a rulemaking at this time. DOE will keep
the rulemaking docket open indefinitely and will periodically review
any new submissions received.
ADDRESSES: U.S. Department of Energy, Office of Energy Efficiency and
Renewable Energy, Office of FreedomCAR and Vehicle Technologies, EE-2G,
1000 Independence Avenue, SW., Washington, DC 20585-0121.
The docket material has been filed under ``EE-RM-02-200.'' This
docket will remain open indefinitely. Copies of the status review,
workshop transcript, discussion paper, and related DOE laboratory
analyses, petitions, and any public comments can be found at the Web
site address http://www.eere.energy.gov/vehiclesandfuels/epact/petition/ftd_docket_index.shtml. You may also access this document
using a computer in DOE's Freedom of Information (FOI) Reading Room,
U.S. Department of Energy, Forrestal Building, Room 1E-190, 1000
Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-3142,
between the hours of 9 a.m. and 4 p.m., Monday through Friday, except
Federal holidays. To request a copy of any of these documents or to
arrange on-site access to paper copies or other information in the
docket at the Office of FreedomCAR and Vehicle Technologies, contact
Linda Bluestein at the phone number or e-mail address below.
FOR FURTHER INFORMATION CONTACT: Linda Bluestein on (202) 586-9171 or
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
a. Statutory Authority
Under titles III through V of the Energy Policy Act of 1992 (Pub.
L. 102-486, 42 U.S.C. 13211 et seq.), DOE is authorized to implement
alternative fuel fleet programs covering certain fleets. As part of
this responsibility, the Department is also tasked with determining
whether fuels may be added to the statutory list of alternative fuels
for which vehicles may be acquired under these fleet programs. As it
was enacted in 1992, EPAct defined ``alternative fuel'' as follows:
[T]he term ``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
related to cold start, safety, or vehicle functions) by volume of
methanol, denatured ethanol, and other alcohols with gasoline or
other fuels; natural gas; liquefied petroleum gas; hydrogen; coal-
derived liquid fuels; 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. Pub. L.
102-486, section 301(2), (emphasis added).
The emphasized portion of that definition states the minimum
procedural and substantive requirements for adding a new fuel to the
list of fuels enumerated or implicitly covered by the provisions of
section 301(2). Subsequently, (in Pub. L. 106-554), section 301(2) of
EPAct was amended by inserting, ``including liquid fuels domestically
produced from natural gas'' after ``natural gas.'' (Note: By rule,
effective June 16, 1999, DOE added three specific blends of
methyltetrahydrofuran, ethanol, and hydrocarbons known as ``P-series''
fuels to the regulatory definition of alternative fuel, 64 FR 26822,
May 17, 1999. In addition, the Department had earlier specifically
identified 100 percent (``neat'') biodiesel as qualifying under ``fuels
(other than alcohol) derived from biological materials'' within the
Alternative Fuel Transportation Program (Program), 61 FR 10621, March
14, 1996.)
b. Previous Actions Concerning Designation of Fischer-Tropsch Diesel
Fuel as an Alternative Fuel
DOE has received three petitions, requesting a rulemaking to
determine whether certain Fischer-Tropsch diesel (FTD) fuels should be
considered alternative fuel under the program regulations (10 CFR part
490). These petitions were submitted by Mossgas (PTY) Limited (now
PetroSA), Syntroleum Corporation, and Rentech, Inc. FTD fuels are
diesel fuels made from natural gas or other carbon-bearing
[[Page 7443]]
feedstocks using the Fischer-Tropsch process. The three petitioners
proposed that their FTD fuels be designated as ``alternative fuels''
because the fuels conform to the EPAct requirement (in title III,
section 301(2)) of being substantially not petroleum and yielding
substantial energy security and environmental benefits. In September of
2002, the Department announced a public workshop and opportunity for
public comment on FTD fuels, 67 FR 57347, September 10, 2002.
On October 16, 2002, the Department's Office of FreedomCAR and
Vehicle Technologies Program held a public workshop to discuss the
benefits and detriments of designating natural gas-based non-domestic
FTD as an alternative fuel under the program. The Department made
available an initial analytical paper for public comment on this topic.
A transcript from the workshop is available in the docket. Four
organizations presented prepared statements at the workshop, including
the three petitioners. Eleven sets of written comments were also
received from other organizations. All of the statements and comments
can also be found in the docket.
II. Department of Energy's Determination
After a technical review of relevant data and information,
including data and information collected after and during the workshop,
the Department prepared a status review of its evaluation of the issues
surrounding designation of FTD as an alternative fuel. In today's
document, the Department is announcing availability of that document.
As stated in the status review document:
``After collecting and evaluating pertinent data and conducting
a workshop, DOE is unable to make a finding at this time that FTD
yields ``substantial environmental benefits'' within the meaning of
section 301(2) of the Energy Policy Act. A finding that a candidate
fuel offers ``substantial environmental benefits'' is a necessary
finding to designate a fuel as an alternative fuel under section
301(2). DOE will keep its FTD rulemaking docket active so that
stakeholders desiring to submit new data and information relevant to
FTD may do so. DOE will evaluate the data periodically to make
future decisions with regard to FTD designation as an alternative
fuel'' (footnote omitted).
The Department believes that FTD offers a combination of
potential environmental benefits and detriments. Data are currently
unavailable or inadequate on a number of FTD-related environmental
issues. For example, the Department's analysis shows that FTD would
most likely increase greenhouse gas emissions, but is unclear as to
how much the likely increase would be. On the other hand, DOE
continues to believe that FTD is likely to reduce emissions of
particulate matter and nitrous oxides in pre-model year 2007
engines, particularly in pre-model year 1998 engines, but the
existing data do not provide for reliable quantification of those
emission reductions. With respect to fuels that result in any
significant potential environmental detriment, it is very difficult
to make designations based on judgments that other environmental
benefits outweigh the significant potential detriments. At the
current time, the Department is unable to find that FTD is likely to
yield net environmental benefits, and does not plan to initiate a
rulemaking concerning whether FTD fuels should be considered
``alternative fuels'' under EPAct section 301(2). Any interested
party, however, is invited to submit comments, data or information
to DOE on this issue and, if warranted at some future time, DOE may
take further action on this issue.
Issued in Washington, DC, on January 28, 2005.
David K. Garman,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 05-2779 Filed 2-11-05; 8:45 am]
BILLING CODE 6450-01-U