## Guidance for Implementing Section 141 of the Energy Independence and Security Act of 2007

Federal Vehicle Fleets and Low Greenhouse Gas-Emitting

Vehicles

## Guidance for Implementing Section 141 of the Energy Independence and Security Act of 2007

Federal Vehicle Fleets and Low Greenhouse Gas-Emitting

Vehicles

SmartWay Transport Partnership Program Transportation and Regional Programs Division Office of Transportation and Air Quality U.S. Environmental Protection Agency

Issuance Date: February ___, 2010

EPA-420-B-09-014 February 2010i Table of Contents

Acronyms and Abbreviations.....................................................................................................

..................... ii

Background.....................................................................................................................

. ................................ 1
I. What does EISA § 141 require of federal agencies ?

............................................................................. 1
II. Is my agency subject to EISA § 141? ........................................................................................

... ......... 2
III. Does EISA § 141 apply to all individual vehicl e acquisitions or only vehicles associated with Federal fleets as defined by section 303(b)(3) of EPAct92 (42 U.S.C. § 13212(b)(3))? ..................... 2
IV. How does EPA quantify the tailpipe GHG emissions f rom light-duty motor vehicles? ...................... 2
V. What is a low GHG-emitting vehicle as it app lie s to EISA § 141? ...................................................... 4
VI. How do I find and identify vehicles that are lo w GHG-emitting vehicles?.......................................... 5
VII. Why do some vehicles on the Green Vehicle Gu ide have two GHG scores?....................................... 6
VIII. What if a vehicle intended for acquisition is not listed on EPA’s Green Vehicle Guide? ................... 6
IX. Will a vehicle’s GHG score ever change? .......

... ................................................................................... 7
X. Are there exceptions to the requirement to acqu ire only low GHG-emitting vehicles?....................... 7
A. How does the “functional needs” exception work?.

. ......................................................................... 8
B. How does the “alternative measures” exception work?

.................................................................... 9

i. Under the alternative measu res exce ption, can a federal agency assess the aggregate GHG emissions from all of its acquired vehicles to determine the quantity of emissions that must be

reduced? ......................................................................................................................

................. 10
C. Are the aggregate GHG emissions for an agency ’s fleet nationwide or is it quantified based on a metropolitan statistical area (MSA) or consolidated metropolitan statistical area (CMSA) for a

federal fleet? ................................................................................................................

..................... 12
XI. What are Electric Vehicles (EVs) and how are th ey included in this guidance document?............... 12
A. Are Neighborhood Electric Vehicles (NEVs) incl uded as EVs?.................................................... 13

XII. What if the vehicle that I am interested in purchasing only qualifies as a low GHG-emitting vehicle using an alternative fuel?............................

.......................................................................................... 13
XIII. How do the requirements of EISA § 141 interact with the requirements of EPAct92 § 303(b) ........... (42 U.S.C. § 13212(b))? .......................................................................................................

................ 14

XIV. How are MDPVs addressed?..................................................................................................

.... .......... 16
XV. Are government-owned contracto r-operated vehicle s included?.......

................................................. 16
XVI. What about vehicles purchased in the United Stat es and operated outside of the United States? .... 17
XVII.What if my agency wants to acquire vehicles that are from a model year prior to model year 2010? .

............................................................................................................................. ......................... 17
XVIII.What are the recordkeeping requirements?....

.................................................................................... 17
XIX. What are the reporting requirements? ..............

... ................................................................................. 18

XX. Contact Information........................................................................................................

.. .................... 18
Appendix A.....................................................................................................................

. ................................. I
Appendix B .....................................................................................................................

. .............................. III Formatted: No underlineii Acronyms and Abbreviations

AFV Alternative Fuel Vehicle C.F.R. Code of Federal Regulations

CH 4 Methane CMSA Consolidated Metropolitan Statistical Area CNG Compressed Natural Gas

CO Carbon Monoxide

CO 2 Carbon Dioxide

CO 2 e Carbon Dioxide Equivalent DOE U.S. Department of Energy E85 Fuel that is 85% ethanol, 15% gasoline EIA Energy Information Administration EISA Energy Independence and Security Act of 2007

E.O. Executive Order EPA U.S. Environmental Protection Agency EPAct2005 Energy Policy Act of 2005 EPAct92 Energy Policy Act of 1992

EV Electric Vehicle

FAST Federal Automotive Statistical Tool

FFV Flexible Fuel Vehicle FR Federal Register g/mi. Grams Per Mile

GHG Greenhouse Gas GVWR Gross Vehicle Weight Rating GREET Greenhouse Gases, Regulated Emissions, and Energy Use in Transportation model

GSA U.S. General Services Administration HEV Hybrid Electric Vehicle HFC Hydrofluorocarbons

kWh Kilowatt Hour

Lbs. Pounds LPG Liquefied Petroleum Gas (Propane) MDPV Medium Duty Passenger Vehicle

MPG Miles Per Gallon

MPH Miles Per Hour MSA Metropolitan Statistical Area

NDAA2008 National Defense Authorization Act of 2008 NEV Neighborhood Electric Vehicle

NO

x Oxides of Nitrogen PHEV Plug-in Hybrid Electric Vehicle

PM Particulate Matter THC Total Hydrocarbons

U.S.C. United States Code

VMT Vehicle Miles Traveled1 Background

Section 141 of the Energy Independence and S ecurity Act of 2007 (EISA) entitled “Federal Vehicle Fleets,” amends section 303 of the Ener gy Policy Act of 1992 (EPAct92) (42 U.S.C. § 13212). It supports the goal of reducing greenhouse gas (GHG) emissions by prohibiting federal agencies from acquiring light-duty motor vehicles and medium duty passenger vehicles (MDPVs) that are not low GHG-emitting vehicles. This guidance document applies to federal agencies only. This guidance document does not apply to fuel provider fleets or state agency fleets subject to EPAct92 §§ 501 and 507.

In order to facilitate the purchase of low GHG-emitting vehicles by the federal government, EISA § 141 directs the Administrator of the Envi ronmental Protection Agency (EPA) to define what a low GHG-emitting vehicle is and to identify annually the makes and models of such vehicles. This guidance explains the criteria EPA uses to identify low GHG-emitting vehicles, directs federal agencies to EPA’s web-based Green Vehicle Guide for up-to-date information about light-duty motor vehicles certified for sale in the United States, and provides the necessary information and resources for federal agencies to implement EISA § 141. Mandatory language is not used in this guidance document except where the EPA is using such language to describe or interpret a statutory requirement.

I. What does EISA § 141 require of federal agencies?

Section 141 prohibits federal agencies from acquiring (purchasing, leasing, or acquiring through transfer, including replacement vehicles) light-duty motor vehicles and MDPVs that are not low GHG-emitting vehicles. Vehicles covered by EISA § 141 include only newly acquired motor vehicles and not an agency’s existing mix of mo tor vehicles. This guidance document applies to acquisitions made after its issuance date. EISA § 141 does not apply to vehicles forfeited to or confiscated by law enforcement agencies. A motor vehicle 1 , as defined by 40 C.F.R. § 85.1703, is a vehicle that is self-propelled and capable of transporting a person, persons, any materials, or any permanently or temporarily affixed apparatus, and, among other things, is capable of exceeding 25 miles per hour (mph) over level, pave d surfaces. Section 30 1(11) of EPAct92 (42 U.S.C. § 13211(11)) defines light-duty motor vehi cle to include both light-duty vehicles and light-duty trucks as defined by 40 C.F.R. § 86.1803-01. Therefore, in this guidance document, the term light-duty motor vehicle includes passenger cars, and, depending on their gross vehicle weight rating (GVWR), pickup trucks, minivans, passenger vans and sport-utility vehicles. Examples of passenger cars include Pontiac G5, Chevrolet Malibu, Ford Focus, Chrysler Sebring and Dodge Avenger. Examples of light-duty trucks include Chevrolet HHR, Saturn Vue, Ford Ranger and Jeep Patriot. Please note that vehi cles with a GVWR between 8,500 lbs. and 10,000 lbs. designed to transport primarily persons are MDPVs as defined by 40 C.F.R. § 86.1803-01. Examples of MDPVs include certain configurati ons of the Ford Expedition, Ford Club Wagon, Chevrolet Suburban and GMC Yukon. Heavy duty trucks (e.g., pickup trucks and non-passenger vans over 8,500 lbs. GVWR or 6,000 lbs. curb weight) are outside the scope of § 141 and, therefore, are not addressed by this guidance document.

1 All motor vehicles manufactured for sale in the U.S. are required to be certified in accordance with 40 C.F.R. Part 86 to show its ability to comply with federal vehicle emission standards.2 II. Is my agency subject to EISA § 141?

Section 141 applies to all federal agencies, exce pt for offices of the legislative branch, but includes the U.S. House of Representatives when vehicles are acquired using a Member’s Representational Allowance. Federal agencies include offices of the judicial branch and executive branch including executive departments, independent establishments and government corporations.

For a list of federal agencies please use The United States Government Manual (2008/2009)

, which can be found at www.gpoaccess.gov/gmanual/index.html . Specifically, the list can be

found at www.gpoaccess.gov/gmanual/browse-gm-08.html . For purposes of this guidance document, Members of the U.S. House of Representatives are included in the term “agency.”

III. Does EISA § 141 apply to all individual vehicle acquisitions or only vehicles associated with Federal fleets as defined by section 303(b)(3) of EPAct92 (42 U.S.C. § 13212(b)(3))?

Section 303(b)(3) of EPAct92 (42 U.S.C. § 13212(b)(3)), for applicability purposes, defines “Federal fleet” to mean “a group of 20 or more light-duty motor vehicles, located in a metropolitan statistical area or consolidated metropolitan statistical area, ..., that are centrally fueled or capable of being centrally fueled and are owned, operated, leased, or otherwise controlled by or assigned to any Federal executive department, military department, Government corporation, independent establishment, or execu tive agency, the United States Postal Service, the Congress, the courts of the United States, or the Executive Office of the President. Such term does not include – (D) law enforcement motor vehicles; (E) emergency motor vehicles; and (F) motor vehicles acquired and used for military purposes that the Secretary of Defense has certified to the Secretary [of Energy] must be exempt for national security reasons;...”

However, EISA § 141, which amends EPAct92 § 303 (42 U.S.C. § 13212), is written in terms of individual “vehicles,” not fleets. The central comm and of the provision prohibits the acquisition

of individual “vehicles” that are not low GHG-e mitting. Furthermore, the exceptions to the prohibition are written in terms of individual vehicles. If an agency elects to utilize one of the exceptions described in section X of this guidance document, the agency head is required to provide separate certification fo r each individual vehicle purchased, without regard to whether that vehicle is part of a fleet. In addition, the provision applies to medium duty passenger vehicles, which are not included in a Federal fleet, and vehicles acquired by members of the U.S. House of Representatives, who do not operate a Federal fleet.

For these reasons, EPA’s statemen t of individual vehicl e applicability is permissible. EISA § 141 covers all individual light-duty motor vehicles and MDPVs acquired by a federal agency, regardless of the size and location of its fleet(s).

IV. How does EPA quantify the tailpipe GHG emissions from light-duty motor vehicles?

The greenhouse gases carbon dioxide (CO 2 ), methane (CH 4 ) and nitrous oxide (N 2 O) are emitted from an operating motor vehicle’s tailpipe. Factoring in the global warming potential of each gas3 provides a vehicle’s CO 2 equivalent (CO 2 e) emissions. A vehicle’s CO 2 e emissions are indicative of its energy consumption and environmental performance. CO 2 comprises the majority of the CO 2 e emissions and is dependent on the amount of fuel combusted. A vehicle’s

CH 4 and N 2 O emissions are largely dependent on the vehicle’s emissions control equipment and

miles traveled.

To quantify a vehicle’s CO 2 e emissions EPA uses emission factors that are based on vehicle emission test results and fuel characteristics. To quantify the CO 2 emissions, EPA factors in the fuel’s carbon content, heating value an d fuel density. To quantify the CH 4 and N 2 O emissions,

EPA uses emission factors found in the EPA’s Inventory of U.S. Greenhouse Gas Emissions and

Sinks: 1990-2007 2 and Argonne National Laboratory’s GREET model version 1.8b. The emission factors used are informed by the results of the vehicle testing conducted pursuant to 40 C.F.R. Parts 86 and 600, EPA’s emissions certif ication and fuel economy labeling programs, respectively. Vehicle manufacturers test their vehicles using defined federal test procedures and report the results to EPA. The drive cycles used in the test procedures are designed to simulate real-world driving conditions. From the tests, EPA also determines the amount of fuel consumed per mile driven. This allows EPA to calculate the CO 2 e emissions in grams/mile (g/mi.) for every

vehicle manufactured for sale in the U.S. The CO 2 e emission factors used are provided in Table

1 below.

Currently, a vehicle’s CO 2 e emissions do not account for emissions of air conditioner refrigerants, such as hydrofluorocarbons (HFC). EPA is currently examining ways to better account for HFC and black carbon emissions from vehicles. EPA is in the process of developing

2 U.S. EPA, Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2007 , Table A-90, EPA 430-R-09-004, April 15, 2009.

3 Value is based on indolene fuel, a specific EPA test fuel.

4 U.S. EPA, Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2007 , Table A-90, EPA 430-R-09-004, April 15, 2009. Average value for Tier 2 passenger cars and light-duty trucks.

5 Value calculated based on 40 C.F.R. 600.113 carbon content.

6 U.S. EPA, Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2007 , Table A-90, EPA 430-R-09-004, April 15, 2009. Average value for advanced diesel passenger cars and light-duty trucks.

7 Ethanol value is from the EPA’s Final Mandatory Greenhouse Gas Reporting Rule for Petroleum Suppliers which uses the ethanol density value from the CRC: Handbook of Chemistry and Physics, 89th Edition, 2008-2009, Editor -in-Chief - David R. Lide ; from Section 15: Density of Solvents as a function of temperature; and based the carbon share value on a calculation of the molecular weight of carbon in ethanol (C 2 H 5 OH) using the periodic table of elements. The table 1 value is comprised of 83% ethanol and 17% gasoline, accounts for 2% denaturant in ethanol.

8 GREET v1.8b available in RFS2 docket # EPA-HQ-OAR-2005-0161-0956 (spreadsheet “Vehicles”).

9 GREET v1.8b available in RFS2 docket # EPA-HQ-OAR-2005-0161-0925.1 (spreadsheet “Emission Factors”).

10 GREET v1.8b available in RFS2 docket # EPA-HQ-OAR-2005-0161-0956 (spreadsheet “Vehicles”). Table 1: Tailpipe CO 2 e Emissions Per Fuel Type

CO 2 CH 4 and N 2 O Fuel Type Pounds/Gallon Grams/Gallon Grams/Mile

Gasoline 19.59 8,887 3 1.9 4

Diesel 22.44 10,180 5 0.4 6

E85 13.88 6,295 7 4.0 8

CNG 15.50 7,030 9 6.8 10

Deleted: , nor black carbon, which is a product of the incomplete combustion of

fossil fuels.4 a proposal for GHG standards for light-duty vehicles and will evaluate the emission factors used to calculate a vehicle’s GHG emissions during the rulemaking process.

V. What is a low GHG-emitting vehicle as it applies to EISA § 141?

For each model year since 2000, EPA lists the GHG emissions performance for each light-duty

motor vehicle model manufactured for sale in the U.S. in its Green Vehicle Guide. This can be

found at www.epa.gov/greenvehicles

. The Green Vehicle Guide also provides an air pollution score for a combination of other air pollutants such as THC, CO, PM and NO

x ; however, the air pollution score is not consider ed under EISA § 141, which addresses only GHG emissions.

In EPA’s Green Vehicle Guide, every light-duty motor vehicle model is given a GHG score from

0 to 10 based on its CO 2 e emissions. Table 2 lists GH G scores and corresponding CO 2 e emissions for the 2010 model year.

To define a low GHG-emitting vehicle, EPA analyzed the tailpipe CO 2 e emissions from all light-duty motor vehicle configurations (cars and light-duty trucks) manufactured for sale in the U.S. for the 2009 model year. Based on the

distribution of vehicle CO 2 e emissions performance, EPA

concluded that vehicles with CO 2 e emissions within onestandard deviation of the mean emission rate of all lightduty motor vehicles manufactured in the same model year are average GHG-em itting vehicles. The mean was calculated by equally weighting all vehicle configurations. Any vehicle with CO 2 e emissions greater than one standard deviation above the mean is a high GHG-emitting vehicle. Any vehicle with CO 2 e emissions greater than one

standard deviation below the mean is a low GHGemitting vehicle . The mean emission rate of the 2009 model year vehicle fleet is 470 g CO 2 e/mi. and the standard deviation is 98 g CO 2 e/mi. Therefore, one standard deviation below the mean is 372 g CO 2 e/mi. As shown in Table 2, the mean minus one standard deviation falls within a GHG score of 7.

To take advantage of EPA’s existing GHG scoring system and to simplify the process of identifying vehicles that qualify under EISA § 141, any vehicle that achieves a GHG score of 7 or higher is considered to be a low GHG-emitting vehicle.

Approximately 18% of the available 2009 mode l year vehicle configurations achieve a GHG score of 7 or higher, providing a reasonable nu mber of vehicle options to federal agencies. However, the list of vehicles that qualify as low GHG-emitting vehicles is comprised of only 6% of the available 2009 light-duty truck configurations, only one flexible fuel passenger car and one flexible fuel light-duty truck model. Because of the limited number of light-duty trucks and light-duty flexible fuel vehicles (FFVs) that ac hieve a GHG score of 7 or higher, EPA concluded that for the early years of this program, it is appropriate to lower the minimum GHG score for these vehicles as follows: light-duty trucks that operate with gasoline, diesel or CNG that achieve Table 2: GHG Emissions Per GHG

score

GHG Score MY 2010

CO 2 e emissions

(grams/mile)

10 ≤ 237

9 238 to 283

8 284 to 329

7 330 to 375

6 376 to 421

5 422 to 467

4 468 to 513

3 514 to 559

2 560 to 605

1 606 to 651

0 ≥ 6525 a GHG score of 6 or higher qualify, flexible fu el light-duty passenger cars that achieve a GHG score of 6 or higher when operated with alterna tive fuel qualify, and flexible fuel light-duty trucks that achieve a GHG score of 5 or higher when operated with alternative fuel qualify. These adjustments increase options for federal agencies, while still maintaining relatively low GHG emissions performance for these vehicles. These adjustments result in approximately 13% of the 2009 model year non-flexible fuel light-d uty truck configurations, 11% of the 2009 model year flexible fuel light-duty vehicle configur ations and approximately 21% of all 2009 model year vehicle configurations qualifying as lo w GHG-emitting vehicles. While the basis for the EPA’s determination is the 2009 model year fleet, this guidance applies to all vehicle acquisitions made after this guidance document’s issuance date and until the document is superceded.

In summary, as shown in Table 3, to be considered “ low GHG-emitting,” passenger cars that operate with gasoline, diesel or CNG must achieve a GHG score of 7 or higher; light-duty trucks, MDPVs and FFV passenger cars when op erated with alternative fuel must achieve a GHG score of 6 or higher; and FFV light-duty trucks when operated with alternative fuel must achieve a GHG score of 5 or higher. The GHG score for every light-duty motor vehicle available for sale in the U.S. is published on EPA’s Green Vehicle Guide at www.epa.gov/greenvehicles

.

As EPA develops vehicle GHG standards, we will evaluate the GHG emissions performance of the vehicle fleet and we may adjust the definitions of low GHG-emitting vehicles accordingly. Also, the GHG scores in Table 3 that are needed to qualify as a low GHG-emitting vehicle may change as the overall fleets’ GHG performance improves.

VI. How do I find and identify vehicles that are low GHG-emitting vehicles?

EPA has added features to its existing Green Vehicle Guide ( www.epa.gov/greenvehicles ) to allow agencies to generate an up-to-date list of all low GHG-emitting vehicles. Users can create model year or state-specific lists of low GHG-emitting light-duty vehicles that are available for sale in the U.S. Users can also use the Green Vehicle Guide to look up the GHG score of any individual light-duty vehicle for sale in the U.S. To generate a list of low GHG-emitting vehicles select the ‘Federal Vehicle Acquisition’ link on the left navigation bar of the Green Vehicle Guide or go directly to www.epa.gov/greenvehicles/Federalfleet.do

.

Once there, a user can select the state in which he or she plans to acquire the vehicle, the model year of interest and the specific vehicle type (i.e ., cars, trucks or FFVs). For a comprehensive list,

a user can select “All States” and “All Years” from the drop down list. From the list established, a user can click on each vehicle and obtain a detailed description with vehicle specifications. At the top of the vehicle specifications page, a user can select a printable Car Buyer’s Check Sheet. This will help to identify the exact vehicle intended for acquisition and can be used to customize the vehicle intended for acquisition in the U.S. General Services Administration’s (GSA) Table 3. EPA GHG Scores Needed to Qualify as a Low GHG-Emitting Vehicle

Passenger cars Light-Duty Trucks, MDPVs and FFV passenger cars FFV light-duty trucks

7, 8, 9, or 10 6, 7, 8, 9, or 10 5, 6, 7, 8, 9, or 106 AutoChoice. The Car Buyer’s Check Sheet can also be provided directly to a dealership or leasing organization. Due to certain federal requir ements regarding emissions certification, there may be multiple listings for vehicles that otherwise appear to be identical. Viewing the vehicle specifications page and the detailed descriptio n will provide information on the differences

between vehicles.

EPA updates the Green Vehicle Guide regularly to reflect new emissions data submitted throughout the model year by vehicle manufacturer s. For the most up-to- date list of available low GHG-emitting vehicles, an agency should always reference the Federal Vehicle Acquisition page of the Green Vehicle Guide ( www.epa.gov/greenvehicles/Federalfleet.do ).

If “N/A” is associated with a vehicle on the Green Vehicle Guide, this indicates that the manufacturer is not required to report the GHG em issions and fuel economy data to EPA, which is currently the case for MDPVs. However, beginning with model year 2011, manufacturers will be required to submit GHG emissions and fuel economy data for these vehicles.

The GHG emissions performance of motor vehicles varies across vehicle types as well as within a vehicle model. Therefore, it is imperative that an agency verify a vehicle’s GHG score using the Green Vehicle Guide prior to acquiring the vehicle.

Beginning in fiscal year 2010, vehicle manufacturers will provide the GHG score for a base vehicle for each vehicle model in AutoChoice. If an agency modifies the base vehicle in AutoChoice, the corresponding GHG score for the modified vehicle must be obtained from the

Green Vehicle Guide. Vehicle characteristics that affect a vehicle’s GHG score include, but are not limited to, engine size, drive system and transmission.

VII. Why do some vehicles on the Green Vehicle Guide have two GHG scores?

Each fuel has a different chemical compositio n, carbon content and heating value, which are factors in a vehicle’s tailpipe emissions. These differences are accounted for in the CO 2 e emission rates in Table 1. FFVs that operate with either gasoline or an alternative fuel (e.g., E85) will receive two GHG scores, one that reflects the use of gasoline and an other that reflects the use of the alternative fuel. In some instances, a vehicle may qualify as a low GHG-emitting vehicle on one fuel and not the other. When acquiring a FFV, agencies should pay particular attention to the GHG score for the type of fu el on which the vehicle will be operated.

VIII. What if a vehicle intended for acquisition is not listed on EPA’s Green Vehicle

Guide?

As stated in section VI above, the Green Vehi cle Guide is updated throughout the year. Vehicle

manufacturers submit data to EPA to coincide with a vehicle model’s planned introduction into commerce. In some instances a vehicle may be introduced earlier than planned and the Green Vehicle Guide may not reflect this earlier release date. These instances are not typical and an agency should contact EPA using the contact information provided in section XX of this guidance document when it encounters such an occurrence.7 IX. Will a vehicle’s GHG score ever change?

An agency should document a motor vehicle’s GHG sc ore at the time a vehicle is acquired. This will avoid any question of a vehicle’s GHG sc ore for reporting purposes. When an agency acquires a vehicle through GSA, the point of ac quisition occurs when the agency orders the

vehicle from GSA.

Occasionally, a vehicle manufacturer may update or modify its vehicle certification data submitted to EPA as described in section IV of this guidance document. If these updates or modifications substantially change the emissions performance of a vehicle, the GHG score could change. This should occur only rarely and, as stated above, federal agencies should use the GHG score assigned to the vehicle at the time of acquisition.

Each year EPA will evaluate the GHG scoring system and the definitions for low GHG emissions performance to ensure that this progra m is identifying the appropriate vehicles as low GHG-emitting vehicles. Additionally, vehicle ma nufacturers are adding advanced technology and other improvements to existing vehicle models that will likely improve their GHG emissions performance. EPA expects that the GHG score for many vehicles will change from one model year to the next. The GHG score for those vehicles in which more advanced engine technology is added will likely increase. The GHG score for vehicles with similar GHG emissions performance as previous model years will likely decrease.

In any instance, federal agencies should document a vehicle’s GHG score at the time a vehicle is acquired since § 141 only applies at the point of acquisition.

X. Are there exceptions to the requirement to acquire only low GHG-emitting vehicles?

Section 141 specifically prohibits the acquisition of light-duty motor vehicles and MDPVs that are not low GHG-emitting vehicles as defined by this guidance document. Recognizing that federal agencies need some flexibility to acquire vehicles for diverse applications, EISA § 141 allows for two exceptions to the prohibition.

The first exception applies in cases where no lo w GHG-emitting vehicle is available that meets

the functional needs of the agency. The second exception applies where an agency has taken specific alternative measures to reduce petroleum consumption and GHG emissions. When an agency utilizes these exceptions, EISA § 141 re quires that the head of the agency certify in writing that either a specific functional need cannot be met by a low GHG-emitting vehicle or that the agency has implemented cost-effective alternative measures that result in an equivalent amount of petroleum consumption and GHG emission reductions.

Agencies are permitted to establish roles in line with their current motor vehicle management program. For example, it would be reasonable for the head of an agency to delegate certain responsibilities , including the certification requirement, to the individuals within the agency that select vehicles for acquisition. However, EPA re commends that each federal agency consolidate the responsibility for the EISA § 141 certifications in one office to maintain consistency and facilitate program oversight and recordkeeping.8 The statute does not authorize EPA to approve use of either exception to the prohibition. Therefore, agencies should not request approval from EPA to exercise the functional need or alternative measure exceptions.

A. How does the “functional needs” exception work?

Section 141 states that the requirements to purchase low GHG-emitting vehicles “shall not apply...if the head of the agency certifies in writing, in a separate certification for each individual vehicle purchased,...that no low greenhouse gas emitting vehicle is

available to meet the functional needs of the agency and details in writing the functional needs that could not be met with a low greenhouse gas emitting vehicle...”

The head of the federal agency, or his or her designee(s), is responsible for making such a

determination. EPA cannot make this determination , since it is not authorized to do so

. EPA recommends that each agency establish an agency-wide process for exercising the functional need exception as appropriate. The process should include identification of functional needs, evaluatio n of available low GHG-emitting vehicles and, when appropriate, a determination that no low GHG-emitting vehicle is available to meet a functional need. An agency’s determinations must be detailed in writing. R ecords of such

determinations should be maintained for at least five years and/or in accordance with agency-specific recordkeeping requirements.

EPA believes it is reasonable for an agency to aggregate the individual vehicles acquired to satisfy a specific functional need into a single list or grouping for certification by the head of each agency, or his or her designee(s ), rather than prepar ing vehicle-by-vehicle justifications. For example, an agency can dr aft a cover sheet appropriately describing the

functional need or needs that a low GHG-emittin g vehicle cannot meet and attach a list of vehicles acquired to perform the services that satisfy the functional need or needs identified. The list would be updated as vehicles are acquired.

Each agency will define its own functional needs. However, it is reasonable that this exception would apply to many law enforcement motor vehicles, emergency motor vehicles, military tactical vehicles and vehicles used for protective services, among others. EPA recognizes that certain federal law enforcement agencies require vehicles with specialized attributes to meet functional needs related to routine law enforcement or other time critical activities, for which there may be no low GHG-emitting vehicle options. These activities include, but are not limited to, prisoner transport, high speed pursuit, border security, disaster response, immigration enforcement, counterterrorism and undercover investigation. A vehicle acquired to perform such services or any vehicle acquired that could reasonably be expected to perform such services, appears to merit an exception based upon the functional need for expanded interior volume, larger engine size, camouflage, specialized on-board equipment or other specialized vehicle attributes. In accordance with the statute, an agency or group within a law enforcement agency must identify the routine law enforcement and/or time critical activities, the basis for the functional need exception and maintain a list of vehicles acquired to perform the9 activities identified. Advance recognition of these functional needs and grouping vehicles under a single certification will expedite a law enforcement agency's vehicle acquisition

process.

Section 141 applies to all individual light-duty vehicles and MDPVs; therefore, the guidance regarding vehicles acquired for la w enforcement and/or other time critical activities in this section should not be considered an exclusion from EISA § 141. If a low GHG-emitting vehicle is availa ble that meets any of the needs of a law enforcement agency, EPA would expect an agency to acquire the low GHG-emitting vehicle.

B. How does the “alternative measures” exception work?

Section 141 states that the requirement to purchase low GHG-emitting vehicles “shall not apply...if the head of the agency certifies in writing, in a separate certification for each individual vehicle purchased...that the agen cy has taken specific more cost-effective measures to reduce petroleum consumption that (I) have reduced a measured and verified quantity of greenhouse gas emissions equal to or greater than the quantity of greenhouse gas reductions that would have been achieved through acquisition of a low greenhouse gas emitting vehicle over the lifetime of the vehicle; or (II) will reduce each year a measured and verifiable quantity of greenhouse gas emissions equal to or greater than the quantity of greenhouse gas reductions that would have been achieved each year through the acquisition of a low greenhouse gas emitting vehicle.”

This exception allows an agency to acquire a vehicle that is not a low GHG-emitting

vehicle if it offset s the incremental increase of petroleum consumption and GHG emissions compared to a low GHG-emitting vehicle. A range of offsetting reduction strategies can be contemplated, such as re ducing vehicle miles traveled (VMT), reducing the number of vehicles owned and operated, acquiring neighborhood electric vehicles (NEVs) to replace conventional vehicles not being used on public roads or highways, or reducing winter temperatures in buildings he ated by oil. More information and resources on alternative measures are provided on the Federal Vehicle Acquisition page of the

Green Vehicle Guide at www.epa.gov/greenvehicles/Federalfleet.do

.

The head of the federal agency, or his or he r designee(s), is responsible for determining the appropriate cost-effective alternativ e measure(s) and for quantifying the GHG emission reductions associated with the measure. Federal agencies are not required to consult with or receive approval from EPA. EPA recommends that each agency establish an agency-wide method for documenting the basis for its determination and maintainrecords of such determinations for at least five years and/or in accordance with agencyspecific recordkeeping requirements.10 i. Under the alternative measures exception, can a federal agency assess the aggregate GHG emissions from all of its acquired vehicles to determine the quantity of emissions that must be reduced?

The alternative measures exception requires that agencies quantify the total

GHG emissions that will result from ac quiring vehicles that do not meet EPA’s definition of a low GHG-emitting vehicle. The alternative measures exception further requires that agencies compare the GHG emissions performance of a

vehicle that does NOT meet EPA’s defini tion of a low GHG-emitting vehicle to the GHG emissions performance of a low GHG-emitting vehicle and offset the difference. To most effectively use the alternative measures exception and determine the necessary offsets, EPA believes that agencies should assess the aggregate GHG emissions from their light-duty motor vehicle and MDPV acquisitions annually.

Allowing federal agencies to assess the aggregate GHG emissions from the vehicles they acquire will enable them to obtain the mix of vehicles they need while creating an incentive to acquire vehicles with the highest GHG scores.

To help federal agencies quantify and verify the aggregate GHG emissions as required by the alternative measures exception, EPA developed the Federal

Vehicle GHG Emission Assessment Tool. The Assessment Tool can be

downloaded from the Green Vehicle Guid e’s Federal Vehicle Acquisition Web

site at www.epa.gov/greenvehicles/Federalfleet.do . The Assessment Tool is a spreadsheet-based calculator th at assists federal agencies with tracking, verifying and quantifying the GHG emissions associated with the vehicles they acquire or plan to acquire. To satisfy the § 141 certification requirement, the head of an agency, or his or her designee(s), should certify that the Assessment Tool properly and accurately accounts for all applicable motor vehicle acquisitions completed in a fiscal year or other acquisition cycle specified by the agency.

To calculate the aggregate GHG emissions from an agency’s motor vehicles, a user simply inputs into the Federal Vehicle GHG Emissions Calculator, which is found in the Assessment Tool, the number of passenger cars, FFV passenger cars, light-duty trucks and FFV light-duty trucks they intend to acquire within each GHG score during the period specified by the agency. An agency should only enter FFVs in the FFV columns if the FFV will be operated with the alternative

fuel. The Federal Vehicle GHG Emission s Calculator performs three main

functions based on the number of vehicles entered in the calculator:

1. It quantifies the agency’s aggregate GHG emissions.

2. It calculates the agency’s EISA GHG emissions limit.

3. It compares the agency’s aggreg ate GHG emissions to its EISA GHG

emissions limit.11 If an agency’s aggregate GHG emissions are less than its EISA GHG emissions limit, the agency complies with § 141. If an agency’s aggregate GHG emissions exceed its EISA GHG emissions limit, the agency must implement further GHG

emission reduction measures to offset the excess GHG emissions consistent with the alternative measures exception or re-evaluate its vehicle acquisition mix.

An agency can also use the Assessment Tool to quantify its GHG emissions if it chooses to implement other mobile source-related GHG emission reduction measures, such as reducing VMT or replac ing conventionally fueled vehicles with NEVs. To quantify emission reductions asso ciated with reducing VMT, the user would modify the average annual mileage value used to calculate the agency’s aggregate GHG emissions.

Figure 1 shows a screen capture of the Federal Vehicle GHG Emissions Calculator displaying a hypothetical mix of 58 passenger cars that will be operated with either gasoline, diesel fuel or CNG; 30 FFV passenger cars that will be operated with E85; 53 light-duty trucks that will be operated with either gasoline, diesel fuel or CNG; and 37 FF V light-duty trucks that will be operated with E85 with varying GHG scores. In this example, the hypothetical agency’s aggregate GHG emissions from its mo tor vehicles are 599.8 metric tons

CO 2 e/year. The agency’s EISA GHG emi ssions limit is 550.1 metric tons

CO 2 e/year. This agency’s aggregate GHG emissions exceed its EISA limit; therefore, consistent with the alternative measures exception, the agency must

reduce its CO 2 e emissions an additional 49.7 metric tons.

Figure 1. Federal Vehicle GHG Emissions Calculator Interface

Gas/Diesel/

CNG Alternative

Fuel Gas/Diesel/

CNG Alternative

Fuel Gas/Diesel/

CNG Alternative

Fuel Gas/Diesel/

CNG Alternative

Fuel

10

9 10 26.1

8 15 46.1

7 10 3 35.3 6.4

6 8 20 15 15 31.9 79.8 35.9 35.9

5 10 10 44.5 26.7

4 15 44.2

3 15 20 80.6 64.4

2 12 42.0

1

0

Totals: 58 30 53 37 220.0 124.3 150.9 104.6 Aggregate: 599.8 Metric tons CO 2 e

EISA Limit: 204.7 119.7 126.9 98.8 EISA Limit: 550.1 Metric tons CO 2 e

Difference: -15.3 -4.6 -24.0 -5.8 -49.7 Metric tons CO 2 e

Results: CO 2 Equivalent Performance Average Annual Mileage:

10,000 6,000 Cars Trucks

Enter the number of cars/trucks acquired by your agency:

353 215

261

307 Greenhouse Gas Score

Criteria

You Owe The Above Quantity A nnual GHG Emissions Summary GHG

Score # of Cars Cars (Metric Tons) Trucks (Metric Tons) # of Trucks

583

629

675 399

445

491 (grams/mile) Avg. CO 2 e

emissions

537

Section 141 applies when a vehicle is acqu ired; therefore, EPA recommends that an agency calculate its EISA GHG emissions limit and aggregate GHG emissions when developing its annual acquisition plan. The Assessment Tool can be downloaded, maintained and updated as vehicle acquisitions are made throughout the year to ensure an agency does not exceed its EISA GHG emissions limit. An agency’s EISA GHG emissions limit a nd aggregate GHG emis sions will update12 as vehicles are added to the tool. EPA also recommends that an agency calculate

its final EISA GHG emissions limit and aggregate GHG emissions for a fiscal year or acquisition cycle after all vehicle acquisition activity is completed. The period covered and timing will depend on ea ch agency’s purchasing practices and

can be done in coordination with Fede ral Management Regulation requirements (41 C.F.R. § 102). The period covered should be discreet (i.e., a fiscal year or calendar year).

The GHG emissions from vehicles acqui red under the “functional needs” exception described above in this section should not be included in an agency’s aggregate GHG emissions. To avoid overuse of the functional need exception, agencies may consider including all of their vehicles in the Assessment Tool and exercising the alternative measure exception.

EPA will evaluate the impact of aggregating motor vehicle GHG emissions during the first year of implementation of this guidance document and may make adjustments or refinements in a future guidance document. EPA plans to address

additional GHG emissions accounti ng opportunities in the future.

C. Are the aggregate GHG emissions for an agency’s fleet nationwide or is it quantified based on a metropolitan statistical area (MSA) or consolidated metropolitan statistical area (CMSA)?

All light-duty motor vehicles and MDPVs acquired by a federal agency are covered by EISA § 141; therefore, an agency should consider all of its light-duty motor vehicles and MDPVs and not just those located in a MSA or CMSA. However, since the head of each agency is permitted to designate a person or person(s) to be responsible for implementing EISA § 141, as stated in this section above, geographic clusters of vehicles can result. In these instances an agency head, or his or her designee(s), can decide that the GHG emissions for each geographic cluster of vehicl es can be aggregated independently if the agency elects to utilize the a lternative measures exception.

XI. What are Electric Vehicles (EVs) and how are they included in this guidance

document?

An electric vehicle, as defined by 10 C.F.R. § 47 4.2, is a vehicle that is powered by an electric motor drawing current from rechargeable storage batteries or other portable electrical energy storage devices. Recharge energy is drawn from a source off the vehicle - they are plugged into an external electrical source to charge their batteries. Hybrid electric vehicles (HEVs) combine the internal combustion engine of a conventional vehicle with the battery and electric motor of an EV. Plug-in hybrid electric vehicles (PHEVs) can be charged by a source off the vehicle like an EV and run on engine power like a HEV. EVs are considered zero-emissions vehicles because they do not produce tailpipe CO 2 emissions. HEVs and PHEVs produce tailpipe emissions and, therefore, are not considered EVs for purposes of this guidance document. HEVs and PHEVs are

treated like conventional vehicles. Similar to c onventionally fueled vehicles, as described in13 section IV of this guidance document, manufacturers must properly certify EVs with EPA before introducing these vehicles into commerce.

Currently, a vehicle’s GHG emissions performance is based only on its tailpipe emissions. Because they have no tailpipe emissions, all EVs achieve a GHG score of 10. At the time of this writing, there are no EVs listed in the Green Vehicle Guide. As manufacturers certify EV configurations, EPA will add these vehicles. If the Green Vehicle Guide scoring framework expands to include emissions from charging an EV’s battery using an off-board source (e.g., charging the batteries from the electricity grid), EPA will develop a methodology to account for these emissions. When an agency is acquiring EVs, it should consider two key factors that influence the off-board GHG-emissions, the EV’s rate of energy consumption and the emissions from the generation of electricity that is used to charge the EV’s batteries.

A. Are Neighborhood Electric Vehicles (NEVs) included as EVs?

Electric Vehicles that are not manufactured primarily for use on public streets, roads and highways (e.g., EVs that cannot exceed a maxi mum speed of 25 mph) are excluded from the definition of a motor vehicle (40 C.F.R. § 85.1703) and, therefore, are beyond the scope of EISA § 141. Typically referred to as NEVs, manufacturers of these vehicles are not required to meet vehicle emission certification or fuel economy labeling requirements. Examples of NEVs include certain vehicles used to transport people and cargo on a campus or military base. NEVs typically achieve energy consumption values of approximately 0.23 kWh/mi. or lower.

Currently, NEVs are not included on EPA’s Green Vehicle Guide. EPA recognizes that NEVs are being acquired by federal agencies to replace conventionally fueled motor vehicles to reduce GHG emissions and fuel consumption. Therefore, EPA believes it is appropriate to include them in this guidan ce document. When replacing a conventionally fueled motor vehicle, EPA believes that acquiring a NEV is a reliable alternative measure as described in section X(B) of this guidan ce document. An agency should include NEVs (with a GHG score of 10) in its mix of vehicles when using the Federal Vehicle GHG Emissions Calculator as described in section X(B)(i).

Use of NEVs instead of conventionally fuel ed vehicles would only be appropriate where the federal agency has determined that the replacement NEV can be operated in accordance with all applicable federal, state and local restrictions.

XII. What if the vehicle that I am intereste d in purchasing only qualifies as a low GHG- emitting vehicle using an alternative fuel?

As stated in section V, the minimum GHG score requirements for light-duty FFVs to be considered low GHG-emitting vehicles when operated with the alternative fu el are lower than for dedicated gasoline-fueled vehicles. A FFV passeng er car when operated with alternative fuel must achieve a GHG score of 6 or higher. A FFV light-duty truck when operated with alternative fuel must achieve a GHG score of 5 or higher. If a vehicle only qualifies as a low GHG-emitting vehicle when operated with an alternative fuel (e .g., E85), the vehicle must be operated with the14 alternative fuel in order to be considered a low GHG-emitting vehicle. The fuel type used to determine the GHG score is clearly identified when using EPA’s Green Vehicle Guide.

To use the GHG score based on an alternative fuel, agencies must demonstrate that the alternative fuel is available within a 5 mile radius or 15 minutes of the vehicle’s garaged location and demonstrate that the vehicle will be operated with the alternative fuel. These are similar criteria that agencies use to determine whether a fuel waiver is appropriate under section 701 of the Energy Policy Act of 2005 (EPAct2005). Therefore, if an agency intends to request a fuel waiver for a FFV, the agency should use the GHG score associated with operating the vehicle with gasoline. Furthermore, as required by EPAct2005 § 701, an agency can only operate this FFV with gasoline under a fuel waiver issued by DOE. If an agency decides to utilize the aggregate GHG emissions assessment tool described in section X(B)(i) above, the appropriate GHG score for each vehicle is the GHG score that corresponds to the fuel on which the vehicle will be operated. If an agency intends to request a fuel waiver for a FFV and operate the vehicle with gasoline, then the agency would incl ude it in the Federal Vehicle GHG Emissions Calculator within the GHG score that correspo nds to operating the vehicle with gasoline.

This guidance does not address instances of an agency relocating an alternative fuel vehicle (AFV) to an area where the alternative fuel is not readily available. This circumstance is beyond the scope of EISA § 141, which applies at the ti me of vehicle acquisiti on. However, agencies should consider EISA § 142 and Executive Orde r (E.O.) 13423 fuel use requirements when deciding to relocate an AFV to an area wher e the alternative fuel is not available.

To find the locations of fueling stations dispensing alternative fuels, please visit www.eere.energy.gov/afdc/stations/find_station.php

.

XIII. How do the requirements of EISA § 14 1 interact with the requirements of EPAct92 § 303(b) (42 U.S.C. § 13212(b))?

As explained above, EISA § 141 requires that federal agencies acquire low GHG-emitting lightduty motor vehicles and MDPVs. Federal agencies are also required to comply with the EPAct92 § 303(b) AFV acquisition requirement, which requi res that 75% of the total number of vehicles acquired by a federal agency for its fleet(s) be AFVs. Federal agencies are required to comply

with both statutes.

Many AFVs -- particularly FFVs that are capable of operating on both gasoline and E85 -- do not qualify as low GHG-emitting vehicles , especially if the agency operates or intends to operate the vehicle with gasoline. At the time of this writing, approximately 11% of all 2009 model year FFV configurations qualify as low GHG-emittin g vehicles when operated with E85. When operated with gasoline, only one 2009 model ye ar FFV qualifies as a low GHG-emitting vehicle. Even with the lower minimum GHG score requirement for light-duty FFVs, the availability of vehicle configurations that qualify under both EI SA § 141 and EPAct92 § 303(b) may lead to concerns that federal agencies will be unable to comply with both statutes. However, section 2862 of the National Defense Authorization Act of 2008 (NDAA 2008) (Pub. L. 110-181, Jan. 28, 2008) contains a provision which integrates EISA § 141 and EPAct92 § 303(b) in a manner that enables agencies to more easily comply with both statutory requirements. Section 2862 of15 NDAA 2008 amends EPAct92 § 301(3) (42 U.S.C. § 13211(3)) by expanding the definition of an AFV to include the following vehicles:

1. A new qualified fuel cell motor vehicl e (as defined by 26 U.S.C. 30B(b)(3));

2. A new advanced lean burn technology motor vehicle (as defined by 26 U.S.C. 30B(c)(3));

3. A new qualified hybrid motor vehicle (a s defined by 26 U.S.C. 30B(d)(3)); and

4. Any other type of vehicle that the Administrator of the Environmental Protection Agency demonstrates to the Secretary of Energy would achieve a significant reduction in petroleum consumption.

In accordance with NDAA 2008 § 2862, in a December 12, 2008 letter to DOE (Appendix B), EPA demonstrated that operating a low GHG-em itting vehicle, as defined in this guidance document, would achieve a significant reduction in petroleum consumption consistent with item

four above. EPA’s demonstration showed that lo w GHG-emitting vehicles achieve a significant reduction in petroleum consumption similar to or greater than the other newly defined AFVs that are commercially available (i.e., advanced lean burn and hybrid vehicles), and a significant reduction in petroleum consumption compared to existing FFVs operating on gasoline.

Based on the demonstration EPA made to DOE and the objectives of the EPAct92 AFV program, any low GHG-emitting vehicle acquired in lieu of a FFV that an agency reasonably determines qualifies for a fuel waiver under EPAct2005 § 701 is now included in the expanded definition of an AFV. Each agency head, or his or her designee(s), determines if its FFVs would qualify for a fuel waiver based on the criteria established by DOE. Unless an exception is utilized as described in section X of this guidance document, any light-duty vehicle or MDPV acquired is required to be a low GHG-emitting vehicle

.

The expanded AFV definition described above provides federal agencies flexibility to achieve the greatest reductions of petroleum consumpti on and GHG emissions. An agency can acquire any vehicle included in the expanded AFV definition that is a low GHG-emitting vehicle. Where

alternative fuel is available or will become av ailable, an agency can acquire any FFV or AFV that is a low GHG-emitting vehicle. Where altern ative fuel is not available, an agency can acquire any low GH G-emitting vehicle.

Including low GHG-emitting vehicles in the expanded AFV definition does not preclude an agency from acquiring AFVs in areas where the a lternative fuel is not available. To drive thedemand for alternative fuel, an agency should consider acquiring FFVs that qualify as low GHGemitting when operated with either conventional fuel or alternative fuel. If an agency is confident

that alternative fuel will be av ailable within a reasonable amount of time, an agency should consider exercising the alternative measure exception described in section X(B) to acquire vehicles that only qualify when operated with alternative fuel

.

For example, the model year 2009 Chevrolet Impala only qualifies as a low GHG-emitting vehicle when operated with E85. If an agency acquired 100 of these vehicles under the alternative measure exception, received fuel waivers from DOE and operated these vehicles with gasoline, the agency would be require d to offset 46 metric tons of CO 2 e emissions based on Deleted: ¶ <#>An agency can acquire any qualified fuel cell motor vehicle, advanced lean burn technology motor vehicle or qualified hybrid motor vehicle that is a low GHG-emitting vehicle. These vehicles comply with both the EPAct92 § 303(b) AFV acquisition requirement and EISA § 141.¶ ¶ <#>In instances where an agency has

access to alternative fuel and will use the alternative fuel, an ag ency should acquireany FFV or AFV that is a low GHGemitting vehicle. These vehicles comply with both the EPAct92 § 303(b) AFV acquisition requirement and ¶

EISA § 141.¶ ¶ <#>In instances where an agency does

not have access to a lternative fuel and it

has made a reasonable determination that a FFV qualifies for a fuel waiver under EPAct2005 § 701, an agency should acquire any low GHG-emitting vehicle. These vehicles comply with both the EPAct92 § 303(b) AFV acquisition requirement and EISA § 141.¶ ¶ <#>In all instances, agencies must acquire a low GHG-emitting vehicle except as provided in the two exceptions described in section IX of this guidance document. ¶16 10,000 vehicle miles traveled annually. The offsets could be achieved through any cost-effective petroleum reduction alternative measure, including acquiring an equal number of vehicles that

achieve a GHG score of 8.

Including low GHG-emitting vehicles in the expanded definition of an AFV does not alter the

definition of an alternative fuel as define d by EPAct92 § 301(2) (42 U.S.C. § 13211(2)) and federal agencies must continue to increase their overall use of alternative fuels as required by EISA § 142 and E.O. 13423.

XIV. How are MDPVs addressed?

As def ined by 40 C.F.R. § 86.1803-01, a MDPV has a GVWR of greater than 8,500 lbs. (or a curb weight greater than 6,000 lbs.) but less than 10,000 lbs. and is designed primarily to transport less than 12 passengers or less than 9 passengers rearward of the driver’s seat. In addition, it is not equipped with an open cargo ar ea of 72 inches in interior length or more. MDPVs are covered vehicles under EISA § 141. However, corporate average fuel economy standards do not apply to MDPVs until model year 2011; therefore, EPA has only limited data on their GHG emissions. Beginning with model year 2011, manufacturers are required to provide

this data to EPA.

EPA anticipates that the GHG emissions performance of MDPVs will be similar to light-duty trucks. Based on the data EPA does have, EPA does not believe there are any MDPVs that are low GHG-emitting vehicles using the light-duty truck definition (i.e., a MDPV that achieves a GHG score of 6 or higher). For the 2009 and 2010 model years, federal agencies requiring MDPVs should request the combined fuel economy value from the manufacturer. To compare to other vehicles listed in the Green Vehicle Guide, the fuel economy should be evaluated over the same driving cycles referenced in section IV of this guidance document. Once the combined fuel economy value is obtained, an agency can go to the About the Ratings Web page of the Green

Vehicle Guide Web site at www.epa.gov/greenvehicles/Aboutratings.do to determine the MDPV’s GHG score. Once an agency is on the About the Ratings Web page, scroll to the section labeled Greenhouse Gas Score where a table of minimum miles per gallon (mpg) values and the corresponding GHG scores is provided. An agency should also consider whether the “functional needs” exception described under section X(A) of this guidance document is appropriate or if an alternative measure as described in section X(B) can be implemented to achieve necessary GHG emissions reductions. Except when using the “functional need” exception, an agency should include these vehicles in the Federal Vehicle GHG Emissions Calculator if it elects to aggregate its GHG emissions.

XV. Are government-owned contractor-operated vehicles included?

Yes, government-owned contractor-operated vehicl es are subject to the provisions of EISA § 141. Executive Order 13149, Sec. 505 (42 U.S.C. § 13212) states that “Agencies must ensure that all Government-owned contractor-operated vehicles comply with all applicable goals and other requirements of [the E.O.] and that these go als and requirements are incorporated into each contractor’s management contract.” Executive Order 13423 (72 FR 17, January 26, 2007) requires that agencies “ensure that contracts entered into...for contractor operation of17 government-owned...vehicles require the contractor to comply with the provisions of [the E.O.] with respect to...vehicles to the same extent as the agency would be required to comply if theagency operated the...vehicles.” Both Executive Orders include government-owned contractoroperated vehicles in order to improve the environmental performance of vehicles owned by the federal government. Therefore, EPA believes the requirement to purchase low GHG-emitting vehicles, as defined by this guidance docume nt, should be included in each contractor’s management contract, as appropriate. An agency is permitted to utilize the exceptions in sections X(A) and (B), as appropriate. An agency should include these vehicles in the Federal Vehicle GHG Emissions Calculator if it elects to aggr egate its GHG emissions as described in section X(B)(i). This requirement does not apply to contracts entered into by the U.S. House of Representatives or its Office of the Chief Administrative Officer.

XVI. What about vehicles purchased in the United States and operated outside of the

United States?

EISA § 141 requires that in determining whic h vehicles are low GHG-emitting, EPA consider standards “applicable to and enforceable against motor vehicle manufacturers for vehicles sold anywhere in the United States.” This means that EISA § 141 applies to the acquisition of vehicles manufactured for sale in the U.S., incl uding territories and possessions of the U.S., but shipped overseas for operation. An agency should include these vehicles in the Federal Vehicle

GHG Emissions Calculator if it elects to aggregate it s GHG emissions. Vehicles manufactured for sale outside the U.S. are beyond the scope of EISA § 141. As a general note, federal agencies should verify that other countries in which ve hicles manufactured for the U.S. market will operate have a supply of the fuels needed to ensure proper performance of the vehicle’s advanced emission control equipment. Some fuels available in certain other countries will compromise the emission control equipment of vehicles manufactured for operation in the U.S.

XVII. What if my agency wants to acquire vehicles that are from a model year prior to model year 2010?

The Green Vehicle Guide begins with model year 2000. Therefore, agencies should use the GHG score provided in the Green Vehicle Guide for model years 2000 through the current model year. The minimum GHG scores that qualify vehicles as low GHG-emitting vehicles apply to all model years.

XVIII. What are the reco rdkeeping requirements?

Section 141 requires that agency heads, or his or her designee(s), “certify in writing, for each individual vehicle purchased” when a non-lo w GHG-emitting vehicle is acquired under the

“functional needs” or “alternative measures” exceptions described in section X of this guidance document. Agencies should also maintain records documenting the use of the Assessment Tool as described in section X(B). EPA recommends federal agencies develop agency-specific methods for maintaining the data or information demonstrating compliance with EISA § 141, including which vehicles were acquired under each exception. The method could utilize a spreadsheet or other format and should include, but not be limited to, the make and model of each individual vehicle, model year, fuel on which the vehi cle is operated and GHG18 score. In consultation with GSA, EPA has recommended including information regarding the acquisition of low GHG-emitting ve hicles by federal agencies in GSA’s Federal Fleet Report.

XIX. What are the reporting requirements?

Section 141 imposes no specific reporting requirements on federal agencies. However, there are existing requirements that agencies report vehicle acquisition data. For example, 41 C.F.R. § 102-34.75, Motor Vehicle Management, requires that agencies provide GSA, on an annual basis, a synopses of their motor vehicle leases and purchases. This is currently accomplished through use of the Federal Automotive Statistical Tool (FAST). In addition, each year agencies submit annual reports to Congress that indicate comp liance with vehicle acquisition, petroleum consumption and alternative fuel consumption requirements. EPA has had discussions with GSA

and DOE to incorporate agency implementation of EISA § 141 into existing reporting

mechanisms.

If it is determined that FAST is the appropriate mechanism, u pon completion of the necessary updates, federal agencies will be able to enter the relevant low GHG-emitting vehicle

information on an annual basis. If it is another mechanism, agencies will be informed through the applicable reporting protocol.

Regardless of the mechanism chosen, EPA anticipates reviewing th e information annually to evaluate implementation of EISA § 141. In particular, EPA will assess the use of the exceptions described in sections X(A) and (B) of this guidance document

.

Prior to inclusion of the necessary information in existing reporting requirements, EPA requests that agencies submit electronic copies of records and other supporting documentation including, but not limited to: their Assessment Tool, re cords indicating vehicles acquired under each exception described in sections X(A) and (B), and records indicating vehicles’ GHG scores. All

records should be submitted to EPA at the e- mail address provided below in section XX.

XX. Contact Information

Jason Swift, Office of Transportation and Air Quality, (202) 343 – 9073, swift.jason@epa.gov or Kristin Kenausis, Office of Transportation and Air Quality, (202) 343 – 9225, kenausis.kristin@epa.gov Deleted: , and all parties agree that acquisition of low GHG-emitting vehicles will be incorporated into the FAST system for reporting purposes.

Deleted: Prior to the necessary FAST modifications, in order to evaluate implementation of EISA § 141 adequately and to gauge necessary modifications to this guidance document,

Deleted: Upon implementation of the necessary modifications to FAST, EPA

will extract the relevant data from FAST on an annual basis for review purposes only.I Appendix A

PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1517



### Subtitle C—Federal Vehicle Fleets

SEC. 141. FEDERAL VEHICLE FLEETS. Section 303 of the Energy Policy Act of 1992 (42 U.S.C. 13212) is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: ‘‘(f) V EHICLE E MISSION R EQUIREMENTS .— ‘‘(1) D EFINITIONS .— In this subsection: ‘‘(A) F EDERAL AGENCY .—The term ‘Federal agency’ does not include any office of the legislative branch, except that it does include the House of Representatives with respect to an acquisition described in paragraph (2)(C). ‘‘(B) M EDIUM DUTY PASSENGER VEHICLE .—The term ‘medium duty passenger vehicle’ has the meaning given that term section 523.2 of title 49 of the Code of Federal Regulations, as in effect on the date of enactment of this paragraph. ‘‘(C) M EMBER ’ S REPRESENTATIONAL ALLOWANCE .—The term ‘Member’s Representational Allowance’ means the allowance described in section 101(a) of the House of Representatives Administrative Reform Technical Corrections Act (2 U.S.C. 57b(a)). ‘‘(2) P ROHIBITION .— ‘‘(A) I N GENERAL .— Except as provided in subparagraph (B), no Federal agency shall acquire a light duty motor vehicle or medium duty passenger vehicle that is not a low greenhouse gas emitting vehicle. ‘‘(B) E XCEPTION .— The prohibition in subparagraph (A) shall not apply to acquisition of a vehicle if the head of the agency certifies in writing, in a separate certification for each individual vehicle purchased, either— ‘‘(i) that no low greenhouse gas emitting vehicle is available to meet the functional needs of the agency and details in writing the functional needs that could not be met with a low greenhouse gas emitting vehicle; or ‘‘(ii) that the agency has taken specific alternative more cost-effective measures to reduce petroleum consumption that— ‘‘(I) have reduced a measured and verified quantity of greenhouse gas emissions equal to or greater than the quantity of greenhouse gas reductions that would have been achieved through acquisition of a low greenhouse gas emitting vehicle over the lifetime of the vehicle; or ‘‘(II) will reduce each year a measured and verified quantity of greenhouse gas emissions equal to or greater than the quantity of greenhouse gas reductions that would have been achieved each year through acquisition of a low greenhouse gas emitting vehicle. ‘‘(C) S PECIAL RULE FOR VEHICLES PROVIDED BY FUNDS CONTAINED IN MEMBERS ’

REPRESENTATIONAL ALLOWANCE .— This paragraph shall apply to the acquisition of a light duty motor vehicle or medium duty passenger vehicle using any portion of a Member’s Representational Allowance, including an acquisition under a long-term lease. ‘‘(3) G UIDANCE .— ‘‘(A) I N GENERAL .— Each year, the Administrator of the Environmental Protection Agency shall issue guidance identifying the makes and model numbers of vehicles that are low greenhouse gas emitting vehicles. ‘‘(B) C ONSIDERATION .— In identifying vehicles under subparagraph (A), the Administrator shall take into account the most stringent standards for vehicle greenhouse gas emissions applicable to and enforceable against motor vehicle manufacturers for vehicles sold anywhere in the United States. ‘‘(C) R EQUIREMENT .—The Administrator shall not identify any vehicle as a low greenhouse gas emitting vehicle if the vehicle emits greenhouse gases at a higher rateII than such standards allow for the manufacturer’s fleet average grams per mile of carbon dioxide-equivalent emissions for that class of vehicle, taking into account any emissions allowances and adjustment factors such standards provide.’’.III Appendix BIVVVIVIIVIII