Energy Policy Act of 1992 (EPACT)
EPACT was passed in 1992 to accelerate the use of alternative fuels in the transportation sector. DOE's primary goals are to decrease the nation's dependence on foreign oil and increase energy security through the use of domestically produced alternative fuels. DOE's declared mission is to replace 10% of petroleum based motor fuels by the year 2000, and 30% by 2010. In 1998, alternative fuels usage nationwide totaled over 4.3 billion gallons - a 3.6% displacement of U.S. gasoline.
Alternative fuels are substantially non-petroleum and yield energy security and environmental benefits. DOE currently recognizes the following as alternative fuels: methanol and denatured ethanol as alcohol fuels (alcohol mixtures that contain no less than 70% of the alcohol fuel), natural gas (compressed or liquefied), liquefied petroleum gas, hydrogen, coal-derived liquid fuels, fuels derived from biological materials, and electricity (including solar energy).
If an individual, corporation or state owns, operates, or controls at least 50 vehicles nationwide, with at least 20 vehicles centrally fueled, or capable of being centrally fueled within the Milwaukee area, they are required to use alternative fuels under EPACT. Vehicles are considered to be centrally fueled or capable of being centrally fueled if they are refueled at least 75% of the time at a location that is owned, operated or controlled by the fleet, or under contract with the fleet for refueling purposes.
Currently EPACT mandates only apply to state and fuel provider fleets. EPACT requires 50% of new vehicles purchases for model year (MY) 2000 be AFVs; 75% for MY 2001 and after. Law enforcement, emergency and off-road vehicles are exempt from these purchase requirements. Violators of these mandates receive monetary penalties until they comply with EPACT.
DOE has an advanced notice of proposed rulemaking which, if administered, will require private and local government fleets to comply with EPACT vehicle purchase requirements. The rule was scheduled to be promulgated December 15, 1996. However, due to the large response received from private and municipal fleets, DOE has agreed to push off the rule until a later date. Under the proposed rule, private and local government fleets would be required to meet the following (new vehicle) purchase percentages: MY 2002, 20%; MY 2003, 40%; MY 2004 60%; MY 2005 and after, 75%. ]
The Clean Air Act Amendments of 1990
In 1990, Congress amended the Clean Air Act of 1970, creating several initiatives to reduce mobile source pollutants. The amendments required the Environmental Protection Agency (EPA) to create the Clean Fuel Fleet Program (CFFP). The CFFP requires fleets in cities with significant air quality problems to incorporate vehicles that will meet clean-fuel emissions standards.
Consolidated Metropolitan Statistical Areas (CMSA) are cities or areas that had a population of at least 250,000 at the time of the 1980 US census and have been classified as extreme, severe or serious non-attainment for ozone or carbon monoxide (CO). Under the CAAA, states were given the option to adopt the CFFP or a substitute program that achieves equivalent or better emissions reductions. The Southeastern Wisconsin region opted to participate in the program.
The 1990 amendments define a clean fuel as any power source on which a vehicle is certified to meet federal Clean Fuel Vehicle (CFV) emissions standards. Clean fuels include alternative fuels, oxygenated fuels, reformulated gasoline (RFG) and conventional gasoline. A CFV is a vehicle that is certified to Low Emission Vehicle (LEV) standards or better, and operates on the fuel to which the vehicle was certified as a LEV. The fleet operator must always use the clean fuel in the affected area. Vehicles that are exempt from the mandate include law enforcement and emergency vehicles, non-road vehicles, vehicles held for lease or rental to the general public, vehicles held for sale by dealers and military vehicles (classified as necessary for national security).
Federal, state, municipal, fuel provider and private fleets are currently mandated by the EPA to purchase AFVs under the Clean Air Act Amendments of 1990. Fleets that own, operate, lease or control at least 10 light-duty vehicles, trucks (8,500 lbs. or less) or heavy-duty vehicles (8,500 – 26,000 lbs.) are covered. Of the fleet vehicles, 10 or more must be operating in an affected area (see below) and be centrally fueled or capable of being centrally fueled 100% of the time at a station that is owned, operated or controlled by the affected fleet operator.
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