42 U.S.C. § 13263a | Alternative compliance

(a)

Application for waiver

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

(b)

Grant of waiver

oThe Secretary shall grant a waiver of the requirements of section 13251 or 13257() 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)

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

(B)

osection 13258 of this title in the case of an entity covered under section 13257() 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 were to use alternative fuel 100 percent of the time; and

(2)

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

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

Pub. L. 102–486, title V, § 514 Pub. L. 109–58, title VII, § 703(a)(2)Aug. 8, 2005119 Stat. 815 (, as added , , .)

Editorial Notes

References in Text

act July 14, 1955, ch. 360 69 Stat. 322 section 7401 of this titleThe Clean Air Act, referred to in subsec. (b)(2), is , , which is classified generally to chapter 85 (§ 7401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Prior Provisions

section 514 of Pub. L. 102–486 section 13264 of this titleA prior was renumbered 515 and is classified to .