42 U.S.C. § 13260 — Effect on other laws

Page 8541 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13260 (i) a reduction in petroleum demand; (ii) technological advancement; and (iii) a reduction in vehicle emissions. (c) Allocation In allocating credits under subsection (b), the Secretary shall allocate one credit for each al- ternative fueled vehicle the fleet or covered per- son acquires that exceeds the number of alter- native fueled vehicles that fleet or person is re- quired to acquire under this subchapter or that is acquired before the date that fleet or person is required to acquire an alternative fueled vehi- cle under such subchapter. In the event that a vehicle is acquired before the date otherwise re- quired, the Secretary shall allocate one credit per vehicle for each year the vehicle is acquired before the required date. The credit shall be al- located for the same type vehicle as the excess vehicle or earlier acquired vehicle. (d) Use of credits At the request of a fleet or covered person al- located a credit under this section, the Sec- retary shall treat the credit as the acquisition of one alternative fueled vehicle of the type for which the credit is allocated in the year des- ignated by that fleet or person when deter- mining whether that fleet or person has com- plied with this subchapter in the year des- ignated. A credit may be counted toward com- pliance for only one year. (e) Transferability A fleet or covered person allocated a credit under this section or to whom a credit is trans- ferred under this section, may transfer freely the credit to another fleet or person who is re- quired to comply with this subchapter. At the request of the fleet or person to whom a credit is transferred, the Secretary shall treat the transferred credit as the acquisition of one al- ternative fueled vehicle of the type for which the credit is allocated in the year designated by the fleet or person to whom the credit is trans- ferred when determining whether that fleet or person has complied with this subchapter in the year designated. A transferred credit may be counted toward compliance for only one year. In the case of the alternative fuel provider program under section 13251 of this title, a transferred credit may be counted toward compliance only if the requirement of section 13251(a)(4) of this title is met. (f) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2008 through 2013. (Pub. L. 102–486, title V, § 508, Oct. 24, 1992, 106 Stat. 2897; Pub. L. 110–140, title I, § 133, Dec. 19, 2007, 121 Stat. 1511.) Editorial Notes AMENDMENTS 2007—Subsec. (a). Pub. L. 110–140, § 133(2), added sub- sec. (a). Former subsec. (a) redesignated (b). Subsec. (b). Pub. L. 110–140, § 133(1), (3), redesignated subsec. (a) as (b), designated existing provisions as par. (1), inserted par. heading, and added par. (2). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 110–140, § 133(1), (4), redesignated subsec. (b) as (c) and substituted ‘‘subsection (b)’’ for ‘‘subsection (a)’’. Former subsec. (c) redesignated (d). Subsecs. (d), (e). Pub. L. 110–140, § 133(1), redesignated subsecs. (c) and (d) as (d) and (e), respectively. Subsec. (f). Pub. L. 110–140, § 133(5), added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. § 13259. Secretary’s recommendations to Con- gress (a) Recommendations to require availability or acquisition If the Secretary determines, under section 13257(f) of this title, that a fleet requirement program under section 13257 of this title is not necessary, the Secretary shall so notify the Con- gress. If the Secretary so notifies the Congress, the Secretary shall, within 2 years after such notification and by rule, prepare and submit to the Congress recommendations for requirements or incentives for— (1) fuel suppliers to make available to the public replacement fuels, including providing for the construction or availability of related fuel delivery systems; (2) suppliers of alternative fueled vehicles to make available to the public alternative fueled vehicles and to ensure the availability of necessary related services; and (3) motor vehicle drivers to use replacement fuels, to the extent necessary to achieve such goals of replacement fuel use and to ensure that the availability of alternative fuels and of alter- native fueled vehicles are consistent with each other. (b) Fair and equitable application In carrying out this section, the Secretary shall recommend the imposition of requirements proportionately on all appropriate fuel suppliers and purchasers of motor fuels and suppliers and purchasers of motor vehicles in a fair and equi- table manner. (Pub. L. 102–486, title V, § 509, Oct. 24, 1992, 106 Stat. 2898.) § 13260. Effect on other laws (a) In general Nothing in this Act or the amendments made by this Act shall be construed to alter, affect, or modify the provisions of the Clean Air Act [42 U.S.C. 7401 et seq.], or regulations issued there- under. (b) Compliance by alternative fueled vehicles Alternative fueled vehicles, whether dedicated vehicles or dual fueled vehicles, and the alter- native fuels for operating such vehicles, shall comply with requirements of the Clean Air Act [42 U.S.C. 7401 et seq.] applicable to such vehi- cles and fuels. (Pub. L. 102–486, title V, § 510, Oct. 24, 1992, 106 Stat. 2898.) Page 8542 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13261 Editorial Notes REFERENCES IN TEXT This Act, referred to in text, 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. The Clean Air Act, referred to in text, 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. § 13261. 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. (Pub. L. 102–486, title V, § 511, Oct. 24, 1992, 106 Stat. 2899; Pub. L. 109–58, title VII, § 703(b), Aug. 8, 2005, 119 Stat. 816.) Editorial Notes AMENDMENTS 2005—Pub. L. 109–58 substituted ‘‘13257, or 13263a’’ for ‘‘or 13257’’. § 13262. Enforcement (a) Violation Whoever violates section 13261 of this title shall be subject to a civil penalty of not more than $5,000 for each violation. (b) Willful violation Whoever willfully violates section 13261 of this title shall be fined not more than $10,000 for each violation. (c) Knowing and willful violation following prior violation and penalty Any person who knowingly and willfully vio- lates section 13261 of this title after having been subjected to a civil penalty for a prior violation of section 13261 of this title shall be fined not more than $50,000. (Pub. L. 102–486, title V, § 512, Oct. 24, 1992, 106 Stat. 2899.) § 13263. Powers of Secretary For the purpose of carrying out subchapter I, subchapter II, this subchapter, and subchapter IV, the Secretary, or the duly designated agent of the Secretary, may hold such hearings, take such testimony, sit and act at such times and places, administer such oaths, and require, by subpena, the attendance and testimony of such witnesses and the production of such books, pa- pers, correspondence, memorandums, contracts, agreements, or other records as the Secretary of Transportation is authorized to do under section 32910(a)(1) of title 49. (Pub. L. 102–486, title V, § 513, Oct. 24, 1992, 106 Stat. 2899.) Editorial Notes REFERENCES IN TEXT Subchapter I, referred to in text, was in the original ‘‘title III’’ meaning title III of Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2866, which enacted subchapter I of this chapter, amended section 6374 of this title, and repealed provisions set out as a note under section 6374 of this title. Subchapter II, referred to in text, was in the original ‘‘title IV’’ meaning title IV of Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2875, which enacted subchapter II of this chapter, amended sections 6374a to 6374c of this title and sections 717, 717a, 2001, 2002, 2006, and 2013 of Title 15, Commerce and Trade, enacted provisions set out as notes under sections 79b and 717 of Title 15, and re- pealed provisions set out as a note under section 717c of Title 15. CODIFICATION In text, ‘‘section 32910(a)(1) of title 49’’ substituted for ‘‘section 505(b)(1) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2005(b)(1))’’ on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. § 13263a. Alternative compliance (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 re- quirements of section 13251 or 13257(o) of this title on a showing that the fleet owned, oper- ated, 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 petro- leum that would result from 100 percent cu- mulative compliance with the fuel use re- quirements 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 vehi- cle emission standards established by the Ad- ministrator 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 pe- troleum 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—