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42 U.S.C. § 13252 — Replacement fuel supply and demand
Federal law — U.S. Code and appendices · legal_authorities
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
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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-
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) The Secretary shall, before January 1, 1994, issue regulations requiring that of the new light duty motor vehicles acquired by a covered person described in paragraph (2), the following percentages shall be alternative fueled vehicles for the following model years:
(A) 30 percent for model year 1996.
(B) 50 percent for model year 1997.
(C) 70 percent for model year 1998.
(D) 90 percent for model year 1999 and thereafter.
(2) For purposes of this section, a person referred to in paragraph (1) is—
(A) a covered person whose principal business is producing, storing, refining, processing, transporting, distributing, importing, or selling at wholesale or retail any alternative fuel other than electricity;
(B) a non-Federal covered person whose principal business is generating, transmitting, importing, or selling at wholesale or retail electricity; or
(C) a covered person—
(i) who produces, imports, or produces and imports in combination, an average of 50,000 barrels per day or more of petroleum; and
(ii) a substantial portion of whose business is producing alternative fuels.
(3)
(A) In the case of a covered person described in paragraph (2) with more than one affiliate, division, or other business unit, only an affiliate, division, or business unit which is substantially engaged in the alternative fuels business (as determined by the Secretary by rule) shall be subject to this subsection.
(B) No covered person or affiliate, division, or other business unit of such person whose principal business is—
(i) transforming alternative fuels into a product that is not an alternative fuel; or
(ii) consuming alternative fuels as a feedstock or fuel in the manufacture of a product that is not an alternative fuel,
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