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42 U.S.C. § 13263aAlternative compliance

submitted 21 years ago by Pub. L. 102-486 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 354 words · no verdicts yet

in plain englishAI-generated · not legal advice

Companies and states covered by the fuel-vehicle mandates can ask for a waiver instead. To get one, they must match the mandate's fuel savings and meet emission standards. Failing to comply gets the waiver revoked, and can bring a penalty.

(a) Application for waiver: Any covered person subject to section 13251 of this title, and any State subject to section 13257(o) of this title, may ask the Secretary for a waiver from the requirements that would otherwise apply under section 13251 or 13257(o). (b) Grant of waiver: The Secretary must grant the waiver if the State or covered person shows that its fleet will: (1) cut its annual petroleum fuel use by an amount equal to either (A) the reduction that would happen if it fully complied with the fuel-use requirements of section 13251 of this title, or (B) for an entity covered under section 13257(o) of this title, the reduction that would happen if every alternative-fuel vehicle it has been credited with under section 13258 of this title used alternative fuel 100 percent of the time; and (2) meet all the vehicle emission standards the EPA Administrator has set under the Clean Air Act. (c) Reporting requirement: By December 31 of a given model year, any State or covered person that got a waiver for the previous model year must file an annual report that (1) certifies exactly how much it reduced petroleum fuel use during that previous model year, and (2) projects how much it expects to reduce petroleum fuel use during the following model year. (d) Revocation of waiver: If a State or covered person with a waiver stops meeting these requirements, the Secretary must revoke the waiver, and may also impose a penalty under section 13262 of this title.
the actual law source: uscode.house.gov ↗public domain
(a) Application for waiver

Any covered person subject to section 13251 of this title and any State subject to section 13257(o) of this title may petition the Secretary for a waiver of the applicable requirements of section 13251 or 13257(o) of this title.

(b) Grant of waiver

The Secretary shall grant a waiver of the requirements of section 13251 or 13257(o) of this title on a showing that the fleet owned, operated, leased, or otherwise controlled by the State or covered person—

(1)

will achieve a reduction in the annual consumption of petroleum fuels by the fleet equal to—

(A)

the reduction in consumption of petroleum that would result from 100 percent cumulative compliance with the fuel use requirements of section 13251 of this title; or

(B)

in the case of an entity covered under section 13257(o) of this title, a reduction equal to the annual consumption by the State entity of alternative fuels if all of the cumulative alternative fuel vehicles of the State entity given credit under section 13258 of this title were to use alternative fuel 100 percent of the time; and

(2)

is in compliance with all applicable vehicle emission standards established by the Administrator of the Environmental Protection Agency under the Clean Air Act (42 U.S.C. 7401 et seq.).

(c) Reporting requirement

Not later than December 31 of a model year, any State or covered person granted a waiver under this section for the preceding model year shall submit to the Secretary an annual report that—

(1)

certifies the quantity of the petroleum motor fuel reduction of the State or covered person during the preceding model year; and

(2)

projects the baseline quantity of the petroleum motor fuel reduction of the State or covered person during the following model year.

(d) Revocation of waiver

If a State or covered person that receives a waiver under this section fails to comply with this section, the Secretary—

(1)

shall revoke the waiver; and

(2)

may impose on the State or covered person a penalty under section 13262 of this title.

Source credit: (Pub. L. 102–486, title V, § 514, as added Pub. L. 109–58, title VII, § 703(a)(2), Aug. 8, 2005, 119 Stat. 815.)

history & why it existsrecord from the source credit
  • 2005Enacted · Pub. L. 102-486 · 119 Stat. 815

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-486 on 2005-08-08.

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