42 U.S.C. § 13263a : US Code - Section 13263A: Alternative compliance

Search 42 U.S.C. § 13263a : US Code - Section 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 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; 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 vehicle emission
standards established by the Administrator 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 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.