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42 U.S.C. § 13264 — Alternative compliance

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 13264 — Alternative compliance

**(a) Application for waiver** Any covered person subject to [section 13251 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13251&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13251&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13258&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7401&num=0&edition=prelim) et seq.). **(c) Reporting requirement** Not later than December 31 of a model year, any State

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Stable record: federal_law:legal_authorities:record_usc_e35fa460f8ebf25489ed1d75
Source file: Laws/federal/codes/united-states-code/title-42/section-13264-alternative-compliance--e22dcda667.md
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Source location: Title 42, Chapter 134, § 13264; chapter-134-energy-policy.md

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**(a) Application for waiver** Any covered person subject to [section 13251 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13251&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13251&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13258&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7401&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13262&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 13251 — Low interest loan program

**(a) Establishment** Within 1 year after October 24, 1992, the Secretary shall establish a program for making low interest loans, giving preference to small businesses that own or operate fleets, for— (1) the conversion of motor vehicles to operation on alternative fuels; (2) covering the incremental costs of the purchase of motor vehicles which operate on alternative fuels, when compared with purchase costs of comparable conventionally fueled motor vehicles; or (3) covering the incremental costs of purchase of non-road vehicles and engines designated by the Secretary pursuant to [section 13238(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13238/c&num=0&edition=prelim). **(b) Loan terms** The Secretary, to the extent practicable, shall establish reasonable terms for loans made under this subsection, with preference given to repayment schedules that enable such loans to be repaid by the borrower from the cost differential between gasoline and the alternative fuel on which the motor vehicle operates. **(c) Criteria** In deciding to whom loans shall be made under this subsection, the Secretary shall consider— (1) the financial need of the applicant; (2) the goal of assisting the greatest number of applicants; and (3) the ability of an applicant to repay the loan, taking into account the fuel cost savings likely to accrue to the applicant. **(d) Priorities** Priority shall be given under this section to fleets where the use of alternative fuels would have a significant beneficial effect on energy security and the environment. **(e) Authorization of appropriations** There are authorized to be appropriated to the Secretary for carrying out this section, $25,000,000 for each of the fiscal years 1993, 1994, and 1995.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 13262 — Prohibited acts

It shall be unlawful for any person to violate any provision of section 13251, 13253(b), 13257, or 13263a of this title, or any regulation issued under such sections.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 13258 — Fleet requirement program

**(a) Fleet program purchase goals** (1) Except as provided in paragraph (2), the following percentages of new light duty motor vehicles acquired in each model year for a fleet, other than a Federal fleet, State fleet, or fleet owned, operated, leased, or otherwise controlled by a covered person subject to [section 13251 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13251&num=0&edition=prelim), shall be alternative fueled vehicles: (A) 20 percent of the motor vehicles acquired in model years 1999, 2000, and 2001; (B) 30 percent of the motor vehicles acquired in model year 2002; (C) 40 percent of the motor vehicles acquired in model year 2003; (D) 50 percent of the motor vehicles acquired in model year 2004; (E) 60 percent of the motor vehicles acquired in model year 2005; and (F) 70 percent of the motor vehicles acquired in model year 2006 and thereafter. (2) The Secretary may not establish percentage requirements higher than those described in paragraph (1). The Secretary may, if appropriate, and pursuant to a rule under subsection (b), establish a lesser percentage requirement for any model year. The Secretary may, by rule, establish a date later than 1998 (or model year 1999) for initiating the fleet requirements under paragraph (1). (3) The Secretary shall publish an advance notice of proposed rulemaking for the purpose of— (A) evaluating the progress toward achieving the goals of replacement fuel use described in [section 13252(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13252/b/2&num=0&edition=prelim), as modified under [section 13254 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13254&num=0&edition=

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7401 — Congressional findings and declaration of purpose

**(a) Findings** The Congress finds— (1) that the predominant part of the Nation’s population is located in its rapidly expanding metropolitan and other urban areas, which generally cross the boundary lines of local jurisdictions and often extend into two or more States; (2) that the growth in the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare, including injury to agricultural crops and livestock, damage to and the deterioration of property, and hazards to air and ground transportation; (3) that air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments; and (4) that Federal financial assistance and leadership is essential for the development of cooperative Federal, State, regional, and local programs to prevent and control air pollution. **(b) Declaration** The purposes of this subchapter are— (1) to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population; (2) to initiate and accelerate a national research and development program to achieve the prevention and control of air pollution; (3) to provide technical and financial assistance to State and local governments in connection with the development and execution of their air pollution prevention and control programs; and (4) to encourage and assist the development and operation of regional air pollution prevention and control programs. **(c) Pollution prevention** A prim

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 13264 — Authorization of appropriations

Page 8543 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13281 (1) shall revoke the waiver; and (2) may impose on the State or covered per- son a penalty under section 13262 of this title. (Pub. L. 102–486, title V, § 514, as added Pub. L. 109–58, title VII, § 703(a)(2), Aug. 8, 2005, 119 Stat. 815.) Editorial Notes REFERENCES IN TEXT The Clean Air Act, referred to in subsec. (b)(2), is act July 14, 1955, ch. 360, 69 Stat. 322, 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 section 7401 of this title and Tables. PRIOR PROVISIONS A prior section 514 of Pub. L. 102–486 was renumbered 515 and is classified to section 13264 of this title. § 13264. Authorization of appropriations There are authorized to be appropriated to the Secretary for carrying out this subchapter $10,000,000 for each of the fiscal years 1993 through 1997, and such sums as may be nec- essary for fiscal years 1998 through 2000. (Pub. L. 102–486, title V, § 515, formerly § 514, Oct. 24, 1992, 106 Stat. 2899; renumbered § 515, Pub. L. 109–58, title VII, § 703(a)(1), Aug. 8, 2005, 119 Stat. 815.) SUBCHAPTER IV—ELECTRIC MOTOR VEHICLES § 13271. Definitions For the purposes of this subchapter— (1) the term ‘‘antitrust laws’’ means the Acts set forth in section 12 of title 15; (2) the term ‘‘associated equipment’’ means equipment necessary for the regeneration, re- fueling, or recharging of batteries or other forms of electric energy used to power an elec- tric motor vehicle and, in the case of electric- hybrid vehicles, such term includes nonpetro- leum-related equipment necessary for, and solely related to, the demonstration of such vehicles; (3) the term ‘‘discount pa

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7401 — Congressional findings and declaration of

Page 7160 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7401 Sec. PART C—CLEAN FUEL VEHICLES 7581. Definitions. 7582. Requirements applicable to clean-fuel vehi- cles. 7583. Standards for light-duty clean-fuel vehicles. 7584. Administration and enforcement as per Cali- fornia standards. 7585. Standards for heavy-duty clean-fuel vehicles (GVWR above 8,500 up to 26,000 lbs.). 7586. Centrally fueled fleets. 7587. Vehicle conversions. 7588. Federal agency fleets. 7589. California pilot test program. 7590. General provisions. SUBCHAPTER III—GENERAL PROVISIONS 7601. Administration. 7602. Definitions. 7603. Emergency powers. 7604. Citizen suits. 7605. Representation in litigation. 7606. Federal procurement. 7607. Administrative proceedings and judicial re- view. 7608. Mandatory licensing. 7609. Policy review. 7610. Other authority. 7611. Records and audit. 7612. Economic impact analyses. 7613. Repealed. 7614. Labor standards. 7615. Separability. 7616. Sewage treatment grants. 7617. Economic impact assessment. 7618. Repealed. 7619. Air quality monitoring. 7620. Standardized air quality modeling. 7621. Employment effects. 7622. Employee protection. 7623. Repealed. 7624. Cost of vapor recovery equipment. 7625. Vapor recovery for small business marketers of petroleum products. 7625–1. Exemptions for certain territories. 7625a. Statutory construction. 7626. Authorization of appropriations. 7627. Air pollution from Outer Continental Shelf activities. 7628. Demonstration grant program for local gov- ernments. SUBCHAPTER IV—NOISE POLLUTION 7641. Noise abatement. 7642. Authorization of appropriations. SUBCHAPTER IV–A—ACID DEPOSITION CONTROL 7651. Findings and purposes. 7651a. Definitions. 7651b.

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