Us Code § 13263a - Alternative compliance
Full text of Us Code United States Code § 13263a — Alternative compliance, with citation guidance and answers to common questions.
§ 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.
(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.
About This Section
42 U.S.C. § 13263a is part of Title 42 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
This section may be cited in legal writing as 42 U.S.C. § 13263a. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.
How to Read This Statute
Statutes are organized by title, chapter, section, and subsection. Pay attention to words like "shall," "may," "and," and "or," because they determine whether a requirement is mandatory or permissive and whether multiple conditions must all be met. Historical notes and amendments often appear at the end of a section.
Using This Page
This page is intended for research and educational use. Lawyers, students, journalists, and compliance professionals can use it as a starting point, but should always verify the current text through an official government source before relying on it for legal advice, filings, or compliance decisions.