EISA Section 246 Statutory Requirements for Alternative Fuel Infrastructure
Section 246 of EISA (42 U.S.C. § 17053(a)) says:
"Not later than January 1, 2010, the head of each Federal agency shall install at least 1 renewable fuel pump at each Federal fleet fueling center in the United States under the jurisdiction of the head of the Federal agency."
EISA Section 246 Applicability
The applicability of Section 142 of EISA is the same as EPAct 1992. See the Applicability page to determine which agencies are subject to the EPAct 1992 requirements.
FEMP Resources and Best Practices
What Is a Federal Fleet Refueling Center?
EISA Section 246 requirements only apply to Federal fueling centers located in the United States that meet all of the following criteria:
EISA Section 246 only applies to existing Federally owned or contracted refueling sites located in a Metropolitan Statistical Area (MSA) or Consolidated Metropolitan Statistical Area (CMSA) where Federal fleets of 20 or more LDVs are centrally refueled. Fueling centers not located in a covered MSA or CMSA are exempt from these requirements. Vehicles heavier than 8,500 pounds gross vehicle weight rating (GVWR) and LE, emergency, and military tactical vehicles are not counted in the size of the fleet served by the fueling center.
EISA Section 246 (42 U.S.C. § 17053(c)) specifies that renewable fuel pump installation requirements do not apply to any U.S. Department of Defense refueling center with a "fuel turnover rate of less than 100,000 gallons of fuel per year." DOE has excluded from the definition of "Federal fleet fueling center," any center with a fuel turnover rate of less than 100,000 gallons of each conventional fuel type (i.e., gasoline or diesel) per year. DOE has determined that this minimum threshold should apply to all Federal agencies because at levels below this threshold:
- Installation of renewable fuel infrastructure is not cost-effective and cannot justify a private sector investment
- Cost-effective procurement of alternative fuel cannot be ensured
- Product quality deteriorates
- Seasonal fuel specification changes cannot be met.
For these reasons, EISA Section 246 applies only to existing Federally owned or contracted refueling sites with an annual fuel turnover rate of 100,000 gallons or greater of one conventional fuel type (i.e., gasoline or diesel).
Federal fleet fueling centers with existing renewable pumps already meet the EISA Section 246 requirements.
Agencies are not required to install a renewable pump at Federal fleet fueling centers in locations where renewable fuel is reasonably available at a nearby retail station (or other accessible fueling center). The criteria for availability of renewable fuel are the same as applicable to Section 701 of EPAct 2005—alternative fuel is reasonably available if it can be obtained within three miles (one way) from the Federal fleet fueling center.
At Federal fleet fueling centers that are not subject to EISA Section 246 requirements, Federal agencies are encouraged to install renewable fuel infrastructure when practical and/or cost-effective. For example, converting existing gasoline or diesel infrastructure to renewable fuels may be more cost-effective than installing new renewable fuel infrastructure. Additionally, skid-mounted turnkey fueling stations can cost-effectively refuel smaller fleets.
Renewable Fuel Pump Installation Requirements
Federal agencies must install at least one renewable fuel pump at each Federal fleet fueling center under their jurisdiction subject to the EISA Section 246 requirement. At these fueling centers, agencies must install either an E85 refueling pump, biodiesel (B20 or greater) refueling pump, or electric charging station.
If a Federal fleet fueling center does not currently have a renewable fuel pump, or a renewable fuel pump is not readily accessible to a Federal fleet that uses an existing Federal fleet fueling center, a renewable fuel pump must be installed. Agencies are not required to install renewable fuel pumps at federal fleet fueling centers where fleets already have access to renewable fuel, including access through publicly available infrastructure. Requiring duplicative renewable fuel pumps would not increase the number of AFVs with access to alternative fuel and is therefore not cost-effective. Additionally, excluding consideration of publicly available infrastructure would be counterproductive to other ongoing efforts encouraging the private sector to develop renewable fuel infrastructure near federal fleets that do not have access to renewable fuel.
Agencies may satisfy EISA Section 246 requirements by installing electric recharging stations at Federal fleet fueling centers, provided the following:
- The electricity used to charge the vehicle(s) is from a renewable source (wind- or solar-generated, for example), or non-renewable generated electricity if agencies have purchased renewable energy credits (RECs) equal to or greater than the amount of electricity used to charge the vehicles at the fueling center. The RECs must be purchased specifically for meeting EISA Section 246 renewable fuel pump installation requirements. In other words, there can be no double-counting of REC purchases—the REC purchases that cover the electricity used to charge vehicles can be counted as meeting EISA Section 246 requirements only if they are not counted toward meeting other mandates as well. REC purchases that exceed vehicle electricity use may be counted toward meeting other mandates.
- The electric charging station and/or the vehicles being charged have a metering device that measures the amount of electricity used to charge the vehicles, and these data are recorded and maintained by the agency and provided to DOE as part of the annual EISA Section 246 submission process.
For more information on installing EVSE, please review the EVSE Tiger Team Assessment Findings from Army Facilities.
- The electricity used to charge the vehicle(s) is from a renewable source (wind- or solar-generated, for example), or non-renewable generated electricity if agencies have purchased renewable energy credits (RECs) equal to or greater than the amount of electricity used to charge the vehicles at the fueling center. The RECs must be purchased specifically for meeting EISA Section 246 renewable fuel pump installation requirements. In other words, there can be no double-counting of REC purchases—the REC purchases that cover the electricity used to charge vehicles can be counted as meeting EISA Section 246 requirements only if they are not counted toward meeting other mandates as well. REC purchases that exceed vehicle electricity use may be counted toward meeting other mandates.
Each agency should identify the locations of all fueling centers that meet the definition of Federal fleet fueling centers under their jurisdiction. These fueling centers are required to install at least one renewable fuel pump. New infrastructure installed to meet this requirement need not be co-located with existing fueling centers, but it must be accessible to those vehicles that would have otherwise accessed the original fueling station. Agencies should use the following methodology in meeting the EISA Section 246 requirements:
Determine Renewable Fuel Pump Requirements for Each Site
Agencies should determine the most appropriate renewable fuel type for each Federal fleet fueling center lacking a renewable fuel pump, or lacking access to a renewable fuel pump. This determination should be made based upon existing and planned fleet characteristics.
Learn more about identifying the optimal E85, B20, and electricity strategies for each fleet location.
Consider and Address Installation and Operation Issues
After selecting the renewable fuel type(s), the agency should assess the equipment, supply, storage, operational, and maintenance requirements to ensure operation of the installation. Agencies should evaluate the compatibility of existing refueling infrastructure for the renewable fuel and determine whether new infrastructure is required.
Learn more about installing E85, B20, and electricity infrastructure at Federal fleet locations.
Procure Renewable Fuel
Federal agencies should consider procuring renewable fuel either through DLA Energy or directly from ethanol or biodiesel suppliers. For renewable electricity, agencies must either ensure electricity is generated solely from a renewable source, or purchase RECs equal to or greater than the amount of electricity used to charge the vehicles at the fueling center.
Reporting
Federal agencies subject to EPAct requirements must report data on their Federal fleet fueling centers via FAST not later than mid-December of each calendar year. Agencies must complete all fields in the report, including the Federal fleet fueling center name, its location, and fuel types available at that station. Agencies should report all of their stations in existence at the end of the preceding FY and note if the station is temporarily unavailable.
Agencies may download a Microsoft Excel template from FAST. Beginning in 2021, the template will contain information about an agency's previously reported fueling centers. That template can be updated with current information about those fueling centers, along with the required information for any new fueling centers or fueling centers not previously reported. Once filled in, the agency can reload this template into FAST. The Excel template has a second tab used for reporting information about EVSE. For more detailed guidance on FAST reporting, please refer to FAST’s Fueling Infrastructure Reporting FAQs. For a broader overview on fueling infrastructure reporting, please review the Federal Fleet Management Requirements: Reporting webpage.
Each year, FEMP compiles this information on the status of agency performance in complying with the renewable fuel pump installation requirements. FEMP uses the EVSE portion of the report to determine compliance with the Fixing America's Surface Transportation Act requirements for employees to reimburse agencies for EV workplace charging. The information is also provided to the AFDC Station Locator database to identify alternative fuel availability for the EPACT 2005 Section 701 alternative fuel use requirements.