[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Notices]
[Pages 51792-51798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16611]


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DEPARTMENT OF ENERGY


Notice of Final Determination on 2023 DOE Critical Materials List

AGENCY: Department of Energy.

ACTION: Notice.

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SUMMARY: By this notice, the U.S. Department of Energy (DOE) presents 
2023 DOE Critical Materials List. This list includes critical materials 
for energy, as determined by the Secretary of Energy, acting through 
the Undersecretary for Science and Innovation, pursuant to authority 
under the Energy Act of 2020, as well as those critical minerals on the 
2022 final list published by the Secretary of Interior, acting through 
the Director of the U.S. Geological Survey (USGS). This notice also 
presents the assessment that forms the basis for the designation of 
critical materials for energy. The final 2023 DOE Critical Materials 
List includes certain critical materials for energy and critical 
minerals as listed below.

FOR FURTHER INFORMATION CONTACT: Questions may be addressed to Helena 
Khazdozian, 202-586-9236, [email protected].

DATES: Applicable: July 28, 2023.

SUPPLEMENTARY INFORMATION: Section 7002(a)(2) of the Energy Act of 2020 
defines ``critical materials'' to be: (A) Any non-fuel mineral, 
element, substance, or material that the Secretary of Energy determines 
(i) has high risk for supply chain disruption; and (ii) serves an 
essential function in one or more energy technologies, including 
technologies that produce, transmit, store, and conserve energy 
[referred to here as a critical material for energy]; or (B) a critical 
mineral [as designated by the Secretary of the Interior].\1\ The Final 
2023 DOE Critical Materials List includes the following:
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    \1\ 30 U.S.C. 1606(a)(2)
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     Critical materials for energy: aluminum, cobalt, copper*, 
dysprosium, electrical steel* (grain-oriented electrical steel, non-
grain-oriented electrical steel, and amorphous steel), fluorine, 
gallium, iridium, lithium, magnesium, natural graphite, neodymium, 
nickel, platinum, praseodymium, terbium, silicon*, and silicon 
carbide*.
     Critical minerals: The Secretary of the Interior, acting 
through the Director of the U.S. Geological Survey (USGS), published a 
2022 final list of critical minerals that includes the following 50 
minerals: ``Aluminum, antimony, arsenic, barite, beryllium, bismuth, 
cerium, cesium, chromium, cobalt, dysprosium, erbium, europium, 
fluorspar, gadolinium, gallium, germanium, graphite, hafnium, holmium, 
indium, iridium, lanthanum, lithium, lutetium, magnesium, manganese, 
neodymium, nickel, niobium, palladium, platinum, praseodymium, rhodium, 
rubidium, ruthenium, samarium, scandium, tantalum, tellurium, terbium, 
thulium, tin, titanium, tungsten, vanadium, ytterbium, yttrium, zinc, 
and zirconium.''
    * Indicates materials not designated as critical minerals by the 
Secretary of

[[Page 51793]]

Interior. The critical materials for energy included on the Final 2023 
DOE Critical Material List \2\ are based on the criticality assessed in 
the short- and medium-term.\3\ A detailed description of DOE's 
methodology can be found in the assessment.\4\ The materials on the 
Final 2023 DOE Critical Materials List will inform crosscutting 
priorities including, but not limited to:
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    \2\ https://www.energy.gov/cmm/what-are-critical-materials-and-critical-minerals.
    \3\ Several substances listed as critical materials for energy 
were also included on the U.S. Geological Survey's 2022 Final List 
of Critical Minerals. DOE's inclusion of these substances on its 
list is intended to signal the results of its criticality 
assessment. Under Section 7002(a), however, designation as a 
critical mineral is sufficient to make the substance a critical 
material.
    \4\ https://www.energy.gov/cmm/critical-minerals-materials-program.

 Critical Materials Research, Development, Demonstration, and 
Commercial Application (RDD&CA) Program priorities
 Eligibility for the Inflation Reduction Act (IRA) 48C tax 
credit

Public Comment on the Draft Critical Materials List

    Pursuant to authority in section 7002(a)(2) of the Energy Act of 
2020, on May 3, 2023, DOE published via the EERE Exchange website a 
Notice of Intent \5\ to issue a Request for Information (RFI) \6\ on 
the Proposed Determination of the Draft Critical Materials List and 
Draft Critical Materials Assessment. The RFI was published via the EERE 
Exchange on May 31, 2023. The RFI provided for a 20-day public comment 
period, and closed on June 20, 2023.
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    \5\ https://eere-exchange.energy.gov/Default.aspx#FoaId6322a11b-4cb4-4ac7-96a2-a6814bc5fbf9.
    \6\ https://eere-exchange.energy.gov/Default.aspx#FoaId82fa533b-3d3e-4b49-839d-9ddf13d56f40.
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    DOE received 79 comments during the comment period. Three comments 
were from individuals and 76 were submitted on behalf of organizations. 
Due to time constraints, comments received after the deadline were not 
taken into consideration for this assessment. DOE may take these 
comments into consideration for future assessments and determinations. 
Additionally, DOE received some comments that were out of scope or 
otherwise not responsive to the requests included in the RFI. DOE 
considered all of the responsive comments received before the 
submission deadline and below is a summary of DOE's responses.
    The following revisions to the Draft DOE Critical Materials List 
were made based on the comments received:
     Terbium was added to the Final 2023 DOE Critical Materials 
List as a critical material for energy. Terbium was screened and then 
fully assessed for criticality based on information provided through 
the comments received. Based on that analysis, DOE has determined that 
terbium meets the definition of critical materials as defined in the 
Energy Act of 2020. More detail is provided in the Critical Material 
Assessment.
    The following actions were taken based on the comments received, 
but did not change the results of the Critical Materials Assessment:
     Boron was revisited based on the comments that in addition 
to neodymium iron boron magnets, boron is important for additional 
clean energy end-uses including wind turbine blades, boron-doped 
photovoltaics, and battery coatings. DOE's conclusion is that there is 
a lack of substantiated data that quantifies the use of boron in these 
applications, including electric glass for wind turbine blades, and 
thus these applications would not drive a significant increase in 
demand for boron.
     Phosphorous was revisited based on the comments that 
phosphorous demand is expected to experience a shortfall for use in 
lithium iron phosphate (LFP) batteries, geoconcentration of production 
outside the U.S., and that agriculture is a competing use. DOE provides 
further clarification that the Critical Materials Assessment considered 
high LFP adoption scenarios, geoconcentration of production outside the 
U.S., and agriculture as a competing use in the assessment of 
phosphorous. More details can be found in the Critical Materials 
Assessment report in section 4.3.15. Ultimately, phosphorous was not 
assessed to be critical under the DOE methodology.
    DOE received a comment advocating the exclusion of copper from the 
Final 2023 DOE Critical Materials List based on (1) the results of the 
USGS methodology \7\ to determine the 2022 Final List of Critical 
Minerals and (2) the potential to accelerate mining of copper under the 
IRA 48C tax credit.
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    \7\ https://pubs.er.usgs.gov/publication/ofr20211045.
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     Regarding point (1), it should be noted that the 
methodologies employed by the USGS and DOE have several distinctions. 
While the USGS methodology is a supply-side approach that uses 
historical data to determine criticality within the context of the U.S. 
economy and national security, the DOE methodology is forward looking--
incorporating global demand trajectories based on growth scenarios for 
various energy technologies, coupled with assumptions about the 
material intensity of those technologies, to determine criticality 
within the context of clean energy.
     Regarding point (2), critical materials eligibility for 
the IRA 48C tax credit is specifically for processing, refining, or 
recycling of critical materials.
    DOE received a comment stating that uranium should not be excluded 
from the Final 2023 DOE Critical Materials List based on its 
categorization as a fuel-mineral because uranium does not meet the U.S. 
Environmental Protection Agency (EPA) definition of a fuel, ``material 
used to produce heat or power by burning.'' As noted in the RFI and 
accompanying proposed assessment, uranium was assessed for criticality 
under this methodology and met the threshold to be included on the list 
of critical materials for energy. However, section 7002(a) of the 
Energy Act of 2020 restricts the listing of critical materials to ``any 
non-fuel mineral, element, substance, or material'' and therefore DOE 
is not designating uranium as a critical material at this time. DOE 
further responds noting the following:
     What EPA ``considers a fuel to be'' \8\ for the purpose of 
its risk management programs for chemical accident prevention is not 
determinative of what is a fuel mineral, element, substance, or 
material element that DOE is required to exclude from the Critical 
Materials List by section 7002(a) of the Energy Act of 2020. The 
Merriam-Webster Dictionary defines fuel to include, not only a material 
used to produce heat or power by burning, but also ``a material from 
which atomic energy can be liberated especially in a reactor.'' \9\ 
Uranium used in commercial nuclear plants clearly meets this definition 
of a fuel material. Therefore, based on the plain meaning of fuel, DOE 
concludes that uranium used in commercial nuclear reactors is a fuel 
material. Based on the Critical Materials Assessment, which includes 
only use of uranium as a fuel, DOE is not designating uranium as a 
critical material at this time.
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    \8\ U.S. Environmental Protection Agency, Definition of Fuel, 
https://www.epa.gov/rmp/definition-
fuel#:~:text=There%20is%20no%20regulatory%20definition,heat%20or%20po
wer%20by%20burning (``There is no regulatory definition of fuel; 
however, EPA considers a fuel to be a material used to produce heat 
or power by burning.'').
    \9\ https://www.merriam-webster.com/dictionary/fuel.
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    DOE received several comments that provided information that may 
have the

[[Page 51794]]

potential to adjust the criticality analyses of materials already 
included on the USGS Critical Minerals List. These comments were 
considered but ultimately not included in this determination, as such 
minerals are by definition already deemed to be critical materials. 
However, DOE may use the information to inform future assessments and 
activities related to critical materials for energy.
    DOE received several comments advocating for increasing the scores 
of importance to energy or potential for supply risk within the 
Critical Materials Assessment for several materials on the Draft 
Critical Materials List, including copper and silicon. These comments 
were not taken into account for this assessment but may be considered 
to inform future assessments and activities at DOE.
    DOE received many comments about the scope of the assessment. The 
following explanation and clarification are provided:
     Section 7002(a)(2) of the Energy Act of 2020 authorized 
the Secretary of Energy to determine critical materials according to 
the statutory definition:
    [cir] Any non-fuel mineral, element, substance, or material that 
the Secretary of Energy determines:
    [ssquf] Has high risk for supply chain disruption; and
    [ssquf] Serves an essential function in one or more energy 
technologies, including technologies that produce, transmit, store, and 
conserve energy; or
    [cir] A critical mineral [as designated by the Secretary of the 
Interior].\10\
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    \10\ 30 U.S.C. 1606(a)(2).
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     DOE has interpreted energy technologies to be ``clean 
energy'' technologies in alignment with the DOE Critical Minerals and 
Materials Vision and Strategy.\11\ The anticipated unprecedented 
increase in demand for critical minerals and materials is driven by the 
global deployment of clean energy technologies to achieve net-zero 
goals by 2050. The International Energy Agency has estimated the demand 
for critical minerals and materials will increase by 400% to 600% by 
2040 to achieve these goals.\12\ The specific energy technologies \13\ 
considered in this assessment are described in Chapter 2 of the 
Critical Materials Assessment and are aligned with the technologies DOE 
assessed as part of ``America's Strategy to Secure the Supply Chain for 
a Robust Clean Energy Transition.''
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    \11\ https://www.energy.gov/cmm/critical-minerals-materials-program.
    \12\ https://www.iea.org/reports/the-role-of-critical-minerals-in-clean-energy-transitions.
    \13\ Vehicles, stationary storage, hydrogen electrolyzers, solar 
energy, wind energy, nuclear energy, electric grid, solid state 
lighting, and microchips.
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     DOE conducted the Critical Materials Assessment to inform 
the determination under section 7002(a)(2). The methodology applied in 
the DOE Critical Materials Assessment has several unique features:
    [cir] It is forward looking, incorporating global demand 
trajectories based on growth scenarios for various energy technologies, 
coupled with assumptions about the material intensity of those 
technologies.
    [cir] A limited set of engineered materials was assessed.
     The scope of materials assessed included a limited set of 
engineered materials: electrical steel and silicon carbide. This set of 
engineered materials was selected based on two factors: (1) the 
materials were found to have high potential for supply risk in the 
``supply chain deep dive'' reports as part of ``America's Strategy to 
Secure the Supply Chain for a Robust Clean Energy Transition''; and (2) 
the elements comprising the engineered materials (such as iron for 
electrical steel) were unlikely to be found critical and thus not 
indicate the risk posed to deploying energy technologies. Prior to the 
passage of the Energy Act of 2020, materials assessed for criticality 
were generally limited to an element. In practice, the designation of a 
critical material as an element does not restrict the mitigation 
strategies prioritized by DOE to be limited to the elemental form. For 
example, neodymium has been found to be critical in the past and 
mitigation strategies pursued by DOE include unlocking new sources, 
developing alternative magnets that reduce or eliminate the use of 
neodymium, improving efficiency of separation and metallization of 
neodymium as well as neodymium-based alloys and magnets, and recycling 
neodymium from end-of-life magnets.
    [cir] Further clarification is provided on the definition of 
electrical steel. For the purposes of this assessment, electrical steel 
includes grain-oriented electrical steel, non-grain-oriented electrical 
steel, and amorphous steel.
     The scope of materials analyzed does not include materials 
that are used indirectly in the manufacturing process but do not 
contribute to the composition of the components or final products. For 
example, helium is used in cooling, cleaning, and creating an inert 
environment for semiconductors but it is not a constituent material of 
the semiconductor. While a disruption in helium supply chain can impact 
semiconductor production, the scope of this assessment has not been 
extended to indirect material use. DOE may consider the examination of 
materials used indirectly in manufacturing processes in future 
assessments.
    DOE received many comments with recommendations to improve the 
methodology applied in the Critical Materials Assessment. DOE 
anticipates updating the assessment every three years and may evaluate 
these recommendations for future assessments. Such future assessments 
will inform additional critical materials determinations, as 
appropriate.
    The following table summarizes a subset of the relevant comments 
received, categorized by material, and describes DOE's response. This 
does not include comments on the improvements for the methodology, or 
the scope of the assessment which are discussed previously.

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                                                                                             Number of
            Material             On the USGS list?   On the draft DOE   On the final DOE     comments      Summary of comment(s)        DOE action
                                                          list?              list?           received
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aluminum.......................  Yes..............  Yes..............  Yes..............               5  Aluminum score should   No action: Aluminum is
                                                                                                           increase in short-      already on the USGS
                                                                                                           term and medium-term    and DOE lists. DOE
                                                                                                           due to supply risk      may consider this
                                                                                                           (low producer           input for future
                                                                                                           diversity--China) and   assessments and
                                                                                                           importance to energy    activities.
                                                                                                           (more end-uses than
                                                                                                           considered in
                                                                                                           assessment).
Antimony.......................  Yes..............  No...............  No...............               2  Antimony should be on   No action: Antimony is
                                                                                                           the list. Antimony      already on the USGS
                                                                                                           compounds used in       list and no
                                                                                                           electronics and for     substantial data or
                                                                                                           fire-retardance.        information were
                                                                                                                                   provided.

[[Page 51795]]

 
Beryllium......................  Yes..............  No...............  No...............               1  Beryllium should be on  No action: Beryllium
                                                                                                           the list--important     is already on the
                                                                                                           for solar               USGS list and no data
                                                                                                           photovoltaics (PV),     were provided.
                                                                                                           nuclear, electric
                                                                                                           vehicle (EV)
                                                                                                           batteries. Data NOT
                                                                                                           provided. Most
                                                                                                           beryllium is imported
                                                                                                           from Kazakhstan.
Boron..........................  No...............  No...............  No...............               8  Boron should be on the  DOE revisited the
                                                                                                           list and is used in     assessment of boron.
                                                                                                           more end-uses than      DOE is not aware of
                                                                                                           Neodymium Iron Boron    any substantiated
                                                                                                           magnets (wind turbine   data that quantifies
                                                                                                           blades, boron-doped     the use of boron in
                                                                                                           photovoltaics,          electric glass for
                                                                                                           battery coatings).      wind turbine blades
                                                                                                           There is increased      or that the use of
                                                                                                           international demand    boron in these end-
                                                                                                           for boron.              use applications is
                                                                                                                                   driving significant
                                                                                                                                   increase in demand
                                                                                                                                   for boron.
Bromine........................  No...............  No...............  No...............               1  Bromine should be       No action: Zinc
                                                                                                           considered for the      bromide batteries are
                                                                                                           list--important to      currently an emerging
                                                                                                           zinc bromide            battery technology
                                                                                                           batteries.              with uncertainty in
                                                                                                                                   future deployment.
Butyllithium...................  No...............  No...............  No...............               1  Butyllithium should be  No action: The scope
                                                                                                           on the list--           of materials for this
                                                                                                           important for           assessment does not
                                                                                                           manufacturing of        include materials
                                                                                                           ``green'' tires and     that are used
                                                                                                           lightweight             indirectly in the
                                                                                                           automotive interior.    manufacturing process
                                                                                                                                   but do not contribute
                                                                                                                                   to the composition of
                                                                                                                                   the components or
                                                                                                                                   final products. DOE
                                                                                                                                   may consider this
                                                                                                                                   input for future
                                                                                                                                   assessments and
                                                                                                                                   activities.
Carbon Fiber...................  No...............  No...............  No...............               1  Should be assessed for  No Action. The scope
                                                                                                           wind turbine blades.    of materials assessed
                                                                                                                                   included a limited
                                                                                                                                   set of engineered
                                                                                                                                   materials: electrical
                                                                                                                                   steel and silicon
                                                                                                                                   carbide. This set of
                                                                                                                                   engineered materials
                                                                                                                                   were selected based
                                                                                                                                   on two factors: (1)
                                                                                                                                   they were found to
                                                                                                                                   have high potential
                                                                                                                                   for supply risk in
                                                                                                                                   the ``supply chain
                                                                                                                                   deep dive'' reports
                                                                                                                                   as part of
                                                                                                                                   ``America's Strategy
                                                                                                                                   to Secure the Supply
                                                                                                                                   Chain for a Robust
                                                                                                                                   Clean Energy
                                                                                                                                   Transition,'' and (2)
                                                                                                                                   the elements
                                                                                                                                   comprising the
                                                                                                                                   engineered materials
                                                                                                                                   (such as iron for
                                                                                                                                   electrical steel)
                                                                                                                                   were unlikely to be
                                                                                                                                   found critical and
                                                                                                                                   thus would not
                                                                                                                                   indicate the risk
                                                                                                                                   posed to deploying
                                                                                                                                   energy technologies.
Cerium.........................  Yes..............  No...............  No...............               1  The risks associated    No action: Cerium was
                                                                                                           with the                not assessed for
                                                                                                           overproduction of       material criticality.
                                                                                                           elements like cerium    Cerium is on the USGS
                                                                                                           are overstated in the   list.
                                                                                                           assessment.
Cobalt.........................  Yes..............  Yes..............  Yes..............               6  Information on          No action: Cobalt is
                                                                                                           dependency on           already on the USGS
                                                                                                           Democratic Republic     list. DOE may
                                                                                                           of Congo and China.     consider this input
                                                                                                           LFP/LFMP (lithium       for future
                                                                                                           iron phosphate/         assessments and
                                                                                                           lithium iron-           activities.
                                                                                                           manganese-phosphate)
                                                                                                           technology will
                                                                                                           reduce cobalt
                                                                                                           dependency for
                                                                                                           batteries. Most
                                                                                                           mining and processing
                                                                                                           of cobalt occurs
                                                                                                           outside the U.S.
Copper.........................  No...............  Yes..............  Yes..............               9  Copper score should     No Action. Copper is
                                                                                                           increase based on       already on DOE draft
                                                                                                           importance to energy    list. DOE may
                                                                                                           (more end-uses than     consider this input
                                                                                                           considered in           for future assessment
                                                                                                           assessment) and         and activities. (1)
                                                                                                           supply risk. Copper     The methodologies
                                                                                                           should not be on the    employed by the USGS
                                                                                                           list because: (1) it    and DOE have several
                                                                                                           is not on the USGS      distinctions. While
                                                                                                           list and (2) will       the USGS methodology
                                                                                                           incentivize mining      is a supply-side
                                                                                                           through the IRA 48C     approach that uses
                                                                                                           tax credit and most     historical data to
                                                                                                           copper deposits are     determine criticality
                                                                                                           within 35 miles of      within the context of
                                                                                                           Native American         the economy and
                                                                                                           Reservations.           national security,
                                                                                                                                   the DOE methodology
                                                                                                                                   is forward looking--
                                                                                                                                   incorporating demand
                                                                                                                                   trajectories based on
                                                                                                                                   growth scenarios for
                                                                                                                                   various energy
                                                                                                                                   technologies, coupled
                                                                                                                                   with assumptions
                                                                                                                                   about the material
                                                                                                                                   intensity of those
                                                                                                                                   technologies, to
                                                                                                                                   determine criticality
                                                                                                                                   within the context of
                                                                                                                                   clean energy. (2)
                                                                                                                                   Critical materials
                                                                                                                                   eligibility for the
                                                                                                                                   IRA 48C tax credit is
                                                                                                                                   specifically for
                                                                                                                                   processing, refining,
                                                                                                                                   or recycling of
                                                                                                                                   critical materials.
Dysprosium.....................  Yes..............  Yes..............  Yes..............               1  Add dysprosium to       No action: Dysprosium
                                                                                                           critical materials      is already on the
                                                                                                           list because of its     USGS list and DOE
                                                                                                           use in magnets.         draft list.
Electrical Steel...............  No...............  Yes..............  Yes..............               1  Limitations on          No action: Electrical
                                                                                                           substitutability        steel is already on
                                                                                                           between non-grain       the DOE draft list.
                                                                                                           oriented steels,        DOE will consider
                                                                                                           grain oriented          this input for future
                                                                                                           steels, and amorphous   assessments and
                                                                                                           steel.                  activities.
Fluorine.......................  No...............  Yes..............  Yes..............               2  Fluorine-based          No action: Fluorine is
                                                                                                           compounds are used in   already on the DOE
                                                                                                           lithium-ion batteries.  draft list.
Polyvinylidene fluoride (PVDF).  No...............  No...............  No...............               1  Extend analysis of      No action: A limited
                                                                                                           fluorine to include     set of engineered
                                                                                                           suspension grade PVDF   materials was
                                                                                                           due to complexity of    assessed: electrical
                                                                                                           high-grade production   steel and silicon
                                                                                                           and limited             carbide. In practice,
                                                                                                           production capability   designation as a
                                                                                                           and anticipated         critical material is
                                                                                                           increase in demand.     generally limited to
                                                                                                                                   an element, but does
                                                                                                                                   not restrict the
                                                                                                                                   mitigation strategies
                                                                                                                                   prioritized by DOE to
                                                                                                                                   be limited to the
                                                                                                                                   elemental form.

[[Page 51796]]

 
Gallium........................  Yes..............  Yes..............  Yes..............               1  Gallium's role in off-  No action: Gallium is
                                                                                                           shore magnets was not   already on the USGS
                                                                                                           well defined. Should    list and DOE draft
                                                                                                           be listed as critical   list.
                                                                                                           to solar cells and
                                                                                                           power electronics.
Gallium Nitride................  No...............  No...............  No...............               2  Gallium nitride should  No action: Gallium
                                                                                                           be on list for its      nitride was
                                                                                                           use.                    considered, but it
                                                                                                                                   did not meet the
                                                                                                                                   threshold of the
                                                                                                                                   screening step of DOE
                                                                                                                                   methodology.
Gold...........................  No...............  No...............  No...............               2  Gold should be on list  Gold is outside the
                                                                                                           due to competing uses   scope based on the
                                                                                                           and potential source    definitions of energy
                                                                                                           of critical materials   technologies.
                                                                                                           as byproducts.
Graphite--natural..............  Yes..............  Yes..............  Yes..............               2  U.S. has no domestic    No action: Graphite is
                                                                                                           natural graphite        already on the USGS
                                                                                                           mines.                  list and DOE draft
                                                                                                                                   list.
Graphite--synthetic............  Yes..............  No...............  No...............               6  Capacitors and          No action: Graphite
                                                                                                           supercapacitors are     (natural graphite and
                                                                                                           also end-uses. No       synthetic graphite)
                                                                                                           data provided.          is already on the
                                                                                                           Synthetic graphite      USGS list and no data
                                                                                                           has superior            were provided.
                                                                                                           performance in EV
                                                                                                           batteries. Has
                                                                                                           multiple applications
                                                                                                           in nuclear, molten
                                                                                                           salt reactors. Most
                                                                                                           synthetic graphite is
                                                                                                           produced outside the
                                                                                                           U.S.
Helium.........................  No...............  No...............  No...............               1  Helium, antimony,       No action: The scope
                                                                                                           tungsten, and tin       of materials for this
                                                                                                           should be on the        assessment does not
                                                                                                           list. Helium is         include materials
                                                                                                           important for           that are indirectly
                                                                                                           advanced technology     used in the
                                                                                                           and energy technology.  manufacturing process
                                                                                                                                   but not contributing
                                                                                                                                   to the composition of
                                                                                                                                   the components or
                                                                                                                                   final products. DOE
                                                                                                                                   may consider this
                                                                                                                                   input for future
                                                                                                                                   assessments and
                                                                                                                                   activities.
Iridium........................  Yes..............  Yes..............  Yes..............               2  U.S. needs to be        No action: Iridium is
                                                                                                           strategic in            already on the USGS
                                                                                                           importing iridium.      list and DOE draft
                                                                                                                                   list.
Iron ore.......................  No...............  No...............  No...............               1  Iron ore fits the       Iron ore is outside
                                                                                                           description of a        the scope based on
                                                                                                           critical material due   the definitions of
                                                                                                           to its widespread       energy technologies.
                                                                                                           applications.
Lanthanum......................  Yes..............  No...............  No...............               1  It is recommended that  No action: Lanthanum
                                                                                                           the DOE investigates    was considered, but
                                                                                                           the components needed   it did not meet the
                                                                                                           for rare earth          threshold of the
                                                                                                           elements (REE)          screening step of DOE
                                                                                                           containing steels for   methodology.
                                                                                                           carbon dioxide and      Lanthanum is on the
                                                                                                           hydrogen pipelines.     USGS list.
Lead...........................  No...............  No...............  No...............               1  Lead batteries provide  No action: Lead is
                                                                                                           most back up battery    outside the scope
                                                                                                           power for               based on the
                                                                                                           telecommunications      definitions of energy
                                                                                                           industry.               technologies.
                                                                                                           International demand
                                                                                                           for lead will begin
                                                                                                           to outpace US demand
                                                                                                           in the near term.
                                                                                                           There is no domestic
                                                                                                           primary lead
                                                                                                           production.
Lithium........................  Yes..............  Yes..............  Yes..............               5  Need more domestic      No action: Lithium is
                                                                                                           lithium production      already on the USGS
                                                                                                           facilities. Consider    list and DOE draft
                                                                                                           upgrading lithium as    list. DOE will
                                                                                                           critical in short-      consider this input
                                                                                                           term in Section 3.1.2.  for future
                                                                                                                                   assessments and
                                                                                                                                   activities.
Manganese......................  Yes..............  No...............  No...............               2  Manganese should be on  No action: Manganese
                                                                                                           list due to lack of     is already on the
                                                                                                           domestic                USGS list and no data
                                                                                                           capabilities,           were provided.
                                                                                                           particularly for
                                                                                                           battery-grade
                                                                                                           manganese. Data not
                                                                                                           provided. DOE should
                                                                                                           recognize the
                                                                                                           difference between
                                                                                                           bulk mined manganese
                                                                                                           used in steel-making
                                                                                                           and high purity
                                                                                                           manganese for
                                                                                                           batteries. China
                                                                                                           controls 95% of
                                                                                                           global battery grade
                                                                                                           manganese processing.
Molyb-denum....................  No...............  No...............  No...............               1  Molybdenum should be    No action: Molybdenum
                                                                                                           the list due to its     was not found to be
                                                                                                           use in high strength    material of concern
                                                                                                           steels used in          in the DOE Wind
                                                                                                           vehicle lightening      Energy Supply Chain
                                                                                                           and energy              Deep Dive.
                                                                                                           infrastructure (wind    Assessment.\14\ DOE
                                                                                                           turbine supports).      may consider this
                                                                                                                                   input for future
                                                                                                                                   assessments and
                                                                                                                                   activities.
Neodymium......................  Yes..............  Yes..............  Yes..............               2  Recommends DOE to       No action: Neodymium
                                                                                                           investigate the         is already on the
                                                                                                           components needed for   USGS list and DOE
                                                                                                           REE-bearing steels      draft list. DOE may
                                                                                                           needed for carbon       consider this input
                                                                                                           dioxide and hydrogen    for future
                                                                                                           pipelines. In the       assessments and
                                                                                                           assessment, neodymium   activities.
                                                                                                           should be considered
                                                                                                           critical for
                                                                                                           applications in
                                                                                                           motors.
Nickel.........................  Yes..............  Yes..............  Yes..............               2  Nickel as a copper      No action: Nickel is
                                                                                                           byproduct should be     already on the DOE
                                                                                                           seen as a factor that   draft list. DOE may
                                                                                                           reduces supply risk.    consider this input
                                                                                                                                   for future
                                                                                                                                   assessments and
                                                                                                                                   activities.
Palladium......................  Yes..............  No...............  No...............               3  Palladium and rhodium   No action: Palladium
                                                                                                           should be on the        is already on the
                                                                                                           list. Potential         USGS list. DOE may
                                                                                                           substitute for          consider this input
                                                                                                           platinum and iridium    for future
                                                                                                           in fuel cells and       assessments and
                                                                                                           electrolyzers.          activities.
Phosphates.....................  No...............  No...............  No...............               3  Phosphates should be    No action: A limited
                                                                                                           on the list.            set of engineered
                                                                                                           Phosphates are a        materials was
                                                                                                           potential precursor     assessed: electrical
                                                                                                           material for LFP        steel and silicon
                                                                                                           batteries, and the      carbide. In practice,
                                                                                                           usage competes with     designation as a
                                                                                                           agricultural and food   critical material is
                                                                                                           industry uses.          generally limited to
                                                                                                                                   an element, but does
                                                                                                                                   not restrict the
                                                                                                                                   mitigation strategies
                                                                                                                                   prioritized by DOE to
                                                                                                                                   be limited to the
                                                                                                                                   elemental form.

[[Page 51797]]

 
Phosphorus.....................  No...............  No...............  No...............               1  Phosphorus is           DOE revisited the
                                                                                                           important for           assessment of
                                                                                                           agriculture and         phosphorous. DOE
                                                                                                           production is           provides further
                                                                                                           geoconcentrated         clarification that
                                                                                                           outside U.S.            Critical Materials
                                                                                                           Phosphorus demand for   Assessment considered
                                                                                                           lithium iron            high LFP adoption
                                                                                                           phosphate (LFP)         scenarios,
                                                                                                           batteries is expected   geoconcentration of
                                                                                                           to experience           production outside
                                                                                                           shortfall in supply.    the U.S., and
                                                                                                           Most battery grade      agriculture as a
                                                                                                           phosphorus has to be    competing use in the
                                                                                                           imported.               assessment of
                                                                                                                                   phosphorous. More
                                                                                                                                   details can be found
                                                                                                                                   in the Critical
                                                                                                                                   Materials Assessment
                                                                                                                                   report in Section
                                                                                                                                   4.3.15. While
                                                                                                                                   phosphorous passed
                                                                                                                                   the initial screen,
                                                                                                                                   ultimately, it was
                                                                                                                                   not assessed as
                                                                                                                                   critical under the
                                                                                                                                   DOE methodology.
Platinum.......................  Yes..............  Yes..............  Yes..............               3  Platinum supply not a   No action: Platinum is
                                                                                                           risk in short-term.     already on the USGS
                                                                                                           Propose addition of     list and DOE draft
                                                                                                           fuel cell               list. DOE may
                                                                                                           applications to end-    consider this input
                                                                                                           use and align           for future
                                                                                                           platinum as Tier 1.     assessments and
                                                                                                           Remove electrolyzers    activities.
                                                                                                           as an end-use
                                                                                                           application and
                                                                                                           replace with ``energy
                                                                                                           conservation''
                                                                                                           category.
Rhodium........................  Yes..............  No...............  No...............               2  Palladium and rhodium   No action: Rhodium is
                                                                                                           should be on the        already on the USGS
                                                                                                           list. Potential         list. DOE may
                                                                                                           substitute for          consider this input
                                                                                                           platinum and iridium    for future
                                                                                                           in fuel cells and       assessments and
                                                                                                           electrolyzers.          activities.
Silicon........................  No...............  Yes..............  Yes..............               6  Silicon should be on    No action: Silicon is
                                                                                                           the list. There are     already on the DOE
                                                                                                           multiple uses for       draft list. DOE may
                                                                                                           silicon: photovoltaic   consider this input
                                                                                                           solar cells,            for future
                                                                                                           semiconductors,         assessments and
                                                                                                           silicones,              activities.
                                                                                                           metallurgical
                                                                                                           processing. China
                                                                                                           produces over 70% of
                                                                                                           silicon.
Silicon carbide................  No...............  Yes..............  Yes..............               1  Needed for wide band-   No action: Silicon
                                                                                                           gap semiconductors.     carbide is already on
                                                                                                           Demand is likely to     the DOE draft list.
                                                                                                           exceed supply.          DOE may consider this
                                                                                                                                   input for future
                                                                                                                                   assessments and
                                                                                                                                   activities.
Silicon metal..................  No...............  No...............  No...............               2  China dominates         No Action. A limited
                                                                                                           silicon metal           set of engineered
                                                                                                           production. Silicon     materials was
                                                                                                           metal should be         assessed: electrical
                                                                                                           analyzed as a           steel and silicon
                                                                                                           separate material for   carbide. In practice,
                                                                                                           short- and long-term    designation as a
                                                                                                           scarcity.               critical material is
                                                                                                                                   generally limited to
                                                                                                                                   an element, but does
                                                                                                                                   not restrict the
                                                                                                                                   mitigation strategies
                                                                                                                                   prioritized by DOE to
                                                                                                                                   be limited to the
                                                                                                                                   elemental form.
Silver.........................  No...............  No...............  No...............               2  Silver should be on     Sliver was not found
                                                                                                           list due to competing   to be material of
                                                                                                           uses and potential      concern in the DOE
                                                                                                           source of critical      Solar Photovoltaics
                                                                                                           materials as            Supply Chain Deep
                                                                                                           byproducts.             Dive Assessment.\15\
                                                                                                                                   DOE may consider this
                                                                                                                                   input for future
                                                                                                                                   assessments and
                                                                                                                                   activities.
Terbium........................  Yes..............  No...............  Yes..............               2  Terbium should be on    Terbium was screened
                                                                                                           the list--important     and assessed for
                                                                                                           for neodymium-iron-     NdFeB magnets. Based
                                                                                                           boron (NdFeB) magnets   on the assessment,
                                                                                                           (equally so as          DOE has determined
                                                                                                           dysprosium).            that terbium is on
                                                                                                                                   the Final DOE
                                                                                                                                   Critical Materials
                                                                                                                                   List as a critical
                                                                                                                                   material for energy.
Tin............................  Yes..............  No...............  No...............               1  Tin should be on the    No action: Tin is
                                                                                                           list.                   already on the USGS
                                                                                                                                   list and no
                                                                                                                                   substantial data or
                                                                                                                                   information were
                                                                                                                                   provided.
Titanium.......................  Yes..............  No...............  No...............               1  Titanium should be on   No action: Titanium is
                                                                                                           the list--important     already on the USGS
                                                                                                           for fuel cells and      list. Titanium is
                                                                                                           lightweighting.         unlikely to pass
                                                                                                                                   screening due to
                                                                                                                                   importance for
                                                                                                                                   lightweighting being
                                                                                                                                   primarily outside of
                                                                                                                                   energy end-use
                                                                                                                                   applications. DOE may
                                                                                                                                   consider this input
                                                                                                                                   for future
                                                                                                                                   assessments and
                                                                                                                                   activities.
Tungsten.......................  Yes..............  No...............  No...............               1  Helium, antimony,       No action: Tungsten is
                                                                                                           tungsten, and tin       already on the USGS
                                                                                                           should be on list.      list and no
                                                                                                                                   substantial data or
                                                                                                                                   information were
                                                                                                                                   provided.
Uranium........................  No...............  No...............  No...............               3  Uranium should be on    No action: As
                                                                                                           list due to foreign     described above, for
                                                                                                           reliance. Uranium is    the purposes of the
                                                                                                           not a fuel and          assessment, DOE has
                                                                                                           doesn't meet the EPA    determined that
                                                                                                           definition for fuel.    uranium used in
                                                                                                                                   commercial nuclear
                                                                                                                                   power reactors is a
                                                                                                                                   fuel based on the
                                                                                                                                   plain meaning of
                                                                                                                                   fuel.
Vanadium.......................  Yes..............  No...............  No...............               1  Vanadium is needed for  No action: Vanadium is
                                                                                                           the emerging battery    already on the USGS
                                                                                                           technology of ``flow    list. DOE will
                                                                                                           batteries''.            consider this input
                                                                                                                                   for future
                                                                                                                                   assessments and
                                                                                                                                   activities.
Xenon..........................  No...............  No...............  No...............               1  Xenon should be         No action: The scope
                                                                                                           considered--important   of materials for this
                                                                                                           for manufacturing of    assessment does not
                                                                                                           energy tech.            include materials
                                                                                                                                   that are used
                                                                                                                                   indirectly in the
                                                                                                                                   manufacturing process
                                                                                                                                   but not contributing
                                                                                                                                   to the composition of
                                                                                                                                   the components or
                                                                                                                                   final products. DOE
                                                                                                                                   may consider this
                                                                                                                                   input for future
                                                                                                                                   assessments and
                                                                                                                                   activities.
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[[Page 51798]]

    Signing Authority: This document of the Department of Energy was 
signed on July 28, 2023, by Dr. Geraldine Richmond, Undersecretary for 
Science and Innovation pursuant to delegated authority from the 
Secretary of Energy. That document with the original signature and date 
is maintained by DOE. For administrative purposes only, and in 
compliance with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy. This administrative 
process in no way alters the legal effect of this document upon 
publication in the Federal Register.
---------------------------------------------------------------------------

    \14\ https://www.energy.gov/sites/default/files/2022-02/Wind%20Supply%20Chain%20Report%20-%20Final%202.25.22.pdf.
    \15\ https://www.energy.gov/sites/default/files/2022-02/Solar%20Energy%20Supply%20Chain%20Report%20-%20Final.pdf.

    Signed in Washington, DC, on July 31, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-16611 Filed 8-3-23; 8:45 am]
BILLING CODE 6450-01-P