42 U.S.C. § 13253 — Replacement fuel demand estimates and

Page 8535 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13253 (b) Revisions and extensions With respect to model years 1997 and there- after, the Secretary may— (1) revise the percentage requirements under subsection (a)(1) downward, except that under no circumstances shall the percentage require- ment for a model year be less than 20 percent; and (2) extend the time under subsection (a)(1) for up to 2 model years. (c) Option for electric utilities The Secretary shall, within 1 year after Octo- ber 24, 1992, issue regulations requiring that, in the case of a covered person whose principal business is generating, transmitting, importing, or selling at wholesale or retail electricity, the requirements of subsection (a)(1) shall not apply until after December 31, 1997, with respect to electric motor vehicles. Any covered person de- scribed in this subsection which plans to acquire electric motor vehicles to comply with the re- quirements of this section shall so notify the Secretary before January 1, 1996. (d) Report to Congress The Secretary shall, before January 1, 1998, submit a report to the Congress providing de- tailed information on actions taken to carry out this section, and the progress made and prob- lems encountered thereunder. (Pub. L. 102–486, title V, § 501, Oct. 24, 1992, 106 Stat. 2887.) § 13252. Replacement fuel supply and demand program (a) Establishment of program The Secretary shall establish a program to promote the development and use in light duty motor vehicles of domestic replacement fuels. Such program shall promote the replacement of petroleum motor fuels with replacement fuels to the maximum extent practicable. Such program shall, to the extent practicable, ensure the availability of those replacement fuels that will have the greatest impact in reducing oil im- ports, improving the health of our Nation’s economy and reducing greenhouse gas emis- sions. (b) Development plan and production goals Under the program established under sub- section (a), the Secretary, before October 1, 1993, in consultation with the Administrator, the Sec- retary of Transportation, the Secretary of Agri- culture, the Secretary of Commerce, and the heads of other appropriate agencies, shall review appropriate information and— (1) estimate the domestic and nondomestic production capacity for replacement fuels and alternative fueled vehicles needed to imple- ment this section; (2) determine the technical and economic feasibility of achieving the goals of producing sufficient replacement fuels to replace, on an energy equivalent basis— (A) at least 10 percent by the year 2000; and (B) at least 30 percent by the year 2010, of the projected consumption of motor fuel in the United States for each such year, with at least one half of such replacement fuels being domestic fuels; (3) determine the most suitable means and methods of developing and encouraging the production, distribution, and use of replace- ment fuels and alternative fueled vehicles in a manner that would meet the program goals described in subsection (a); (4) identify ways to encourage the develop- ment of reliable replacement fuels and alter- native fueled vehicle industries in the United States, and the technical, economic, and insti- tutional barriers to such development; and (5) determine the greenhouse gas emission implications of increasing the use of replace- ment fuels, including an estimate of the max- imum feasible reduction in such emissions from the use of replacement fuels. The Secretary shall publish in the Federal Reg- ister the results of actions taken under this sub- section, and provide for an opportunity for pub- lic comment. (Pub. L. 102–486, title V, § 502, Oct. 24, 1992, 106 Stat. 2888.) § 13253. Replacement fuel demand estimates and supply information (a) Estimates Not later than October 1, 1993, and annually thereafter, the Secretary, in consultation with the Administrator, the Secretary of Transpor- tation, and other appropriate State and Federal officials, shall estimate for the following cal- endar year— (1) the number of each type of alternative fueled vehicle likely to be in use in the United States; (2) the probable geographic distribution of such vehicles; (3) the amount and distribution of each type of replacement fuel; and (4) the greenhouse gas emissions likely to re- sult from replacement fuel use. (b) Information Beginning on October 1, 1994, the Secretary shall annually require— (1) fuel suppliers to report to the Secretary on the amount of each type of replacement fuel that such supplier— (A) has supplied in the previous calendar year; and (B) plans to supply for the following cal- endar year; (2) suppliers of alternative fueled vehicles to report to the Secretary on the number of each type of alternative fueled vehicle that such supplier— (A) has made available in the previous cal- endar year; and (B) plans to make available for the fol- lowing calendar year; and (3) such fuel suppliers to provide the Sec- retary information necessary to determine the greenhouse gas emissions from the replace- ment fuels used, taking into account the en- tire fuel cycle. (c) Protection of information Information provided to the Secretary under subsection (b) shall be subject to applicable pro- Page 8536 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13254 visions of law protecting the confidentiality of trade secrets and business and financial infor- mation, including section 1905 of title 18. (Pub. L. 102–486, title V, § 503, Oct. 24, 1992, 106 Stat. 2889.) § 13254. Modification of goals; additional rule- making authority (a) Examination of goals Within 3 years after October 24, 1992, and peri- odically thereafter, the Secretary shall examine the goals established under section 13252(b)(2) of this title, in the context of the program goals stated under section 13252(a) of this title, to de- termine if the goals under section 13252(b)(2) of this title, including the applicable percentage requirements and dates, should be modified under this section. The Secretary shall publish in the Federal Register the results of each ex- amination under this subsection and provide an opportunity for public comment. (b) Modification of goals If, after analysis of information obtained in connection with carrying out subsection (a) or section 13252 of this title, or other information, and taking into account the determination of technical and economic feasibility made under section 13252(b)(2) of this title, the Secretary de- termines that goals described in section 13252(b)(2) of this title, including the percentage requirements or dates, are not achievable, the Secretary, in consultation with appropriate Fed- eral agencies, shall, by rule, establish goals that are achievable, for purposes of this subchapter. The modification of goals under this section may include changing the target dates specified in section 13252(b)(2) of this title. (c) Additional rulemaking authority If the Secretary determines that the achieve- ment of goals described in section 13252(b)(2) of this title would result in a significant and cor- rectable failure to meet the program goals de- scribed in section 13252(a) of this title, the Sec- retary shall issue such additional regulations as are necessary to remedy such failure. The Sec- retary shall have no authority under this Act to mandate the production of alternative fueled ve- hicles or to specify, as applicable, the models, lines, or types of, or marketing or pricing prac- tices, policies, or strategies for, vehicles subject to this Act. Nothing in this Act shall be con- strued to give the Secretary authority to man- date marketing or pricing practices, policies, or strategies for alternative fuels or to mandate the production or delivery of such fuels. (Pub. L. 102–486, title V, § 504, Oct. 24, 1992, 106 Stat. 2890.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (c), is Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2776, known as the Energy Policy Act of 1992. For complete classification of this Act to the Code, see Short Title note set out under section 13201 of this title and Tables. § 13255. Voluntary supply commitments The Secretary shall, by January 1, 1994, and thereafter, undertake to obtain voluntary com- mitments in geographically diverse regions of the United States— (1) from fuel suppliers to make available to the public replacement fuels, including pro- viding for the construction or availability of related fuel delivery systems; (2) from owners of 10 or more motor vehicles to acquire and use alternative fueled vehicles and alternative fuels; and (3) from suppliers of alternative fueled vehi- cles to make available to the public alter- native fueled vehicles and to ensure the avail- ability of necessary related services, in sufficient volume to achieve the goals de- scribed in section 13252(b)(2) of this title or as modified under section 13254 of this title, and in order to meet any fleet requirement program es- tablished by rule under this subchapter. The Secretary shall periodically report to the Con- gress on the results of efforts under this section. All voluntary commitments obtained pursuant to this section shall be available to the public, except to the extent provided in applicable pro- visions of law protecting the confidentiality of trade secrets and business and financial infor- mation, including section 1905 of title 18. (Pub. L. 102–486, title V, § 505, Oct. 24, 1992, 106 Stat. 2890.) § 13256. Technical and policy analysis (a) Requirement Not later than March 1, 1995, and March 1, 1997, the Secretary shall prepare and transmit to the President and the Congress a technical and pol- icy analysis under this section. The Secretary shall utilize the analytical capability and au- thorities of the Energy Information Administra- tion and such other offices of the Department of Energy as the Secretary considers appropriate. (b) Purposes The technical and policy analysis prepared under this section shall be based on the best available data and information obtainable by the Secretary under section 13253 of this title, or otherwise, and on experience under this sub- chapter and other provisions of law in the devel- opment and use of replacement fuels and alter- native fueled vehicles, and shall evaluate— (1) progress made in achieving the goals de- scribed in section 13252(b)(2) of this title, as modified under section 13254 of this title; (2) the actual and potential role of replace- ment fuels and alternative fueled vehicles in significantly reducing United States reliance on imported oil to the extent of the goals re- ferred to in paragraph (1); and (3) the actual and potential availability of various domestic replacement fuels and dedi- cated vehicles and dual fueled vehicles. (c) Publication The Secretary shall publish a proposed version of each analysis under this section in the Fed- eral Register for public comment before trans- mittal to the President and the Congress. Public comment received in response to such publica- tion shall be preserved for use in rulemaking proceedings under section 13257 of this title. (Pub. L. 102–486, title V, § 506, Oct. 24, 1992, 106 Stat. 2891.)