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
 

Climate Analysis and Strategies Center
 

Transportation and Climate Division
 

Office of Transportation and Air Quality
 

U.S. Environmental Protection Agency
 

Issuance Date: February 22, 2010
 

Updated: May 10, 2016
 

EPA-420-B-16-055 

May 2016 
 

 

 

 

 

 

 

 

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 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))? ....... 2
 

IV. How does EPA quantify the tailpipe GHG emissions from light-duty motor vehicles? ....... 3
 

V. What is a low GHG-emitting vehicle as it applies to EISA § 141?....................................... 4
 

VI. How do I find and identify low GHG-emitting vehicles?...................................................... 5
 

VII. Why do some vehicles on EPA’s federal fleets web site have two GHG emissions levels?. 6
 

VIII. What if a vehicle intended for acquisition is not listed on EPA’s federal fleets web site? ... 6
 

IX. Will a vehicle’s GHG emissions level ever change? ............................................................. 6
 

X. Are there exceptions to the requirement to acquire 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 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? ............................................................. 9
 

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)? ............................................................................................................. 11
 

XI. What are Electric Vehicles (EVs) and how are they included in this guidance document? 12
 

XII. What if the vehicle that I am interested in purchasing only qualifies as a low GHGemitting vehicle using an alternative fuel? ................................................................................... 12
 

XIII. How do the requirements of EISA § 141 interact with the requirements of EPAct92 § 

303(b) (42 U.S.C. § 13212(b))? .................................................................................................... 13
 

XIV. How are MDPVs addressed? ............................................................................................... 14
 

XV. Are government-owned contractor-operated vehicles included? ........................................ 14
 

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

States? ........................................................................................................................................... 15
 

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

year 2010?..................................................................................................................................... 15
 

XVIII.What are the recordkeeping requirements?........................................................................ 15
 

XIX. What are the reporting requirements?.................................................................................. 16
 

XX. Contact Information............................................................................................................. 16
 

Appendix A................................................................................................................................... 17
 

Appendix B ................................................................................................................................... 19
 

i 
Acronyms and Abbreviations 

AFV Alternative Fuel Vehicle 

C.F.R. Code of Federal Regulations 

CH4 Methane 

CMSA Consolidated Metropolitan Statistical Area 

CNG Compressed Natural Gas 

CO Carbon Monoxide 

CO2 Carbon Dioxide 

CO2e 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 

NOx Oxides of Nitrogen 

PHEV Plug-in Hybrid Electric Vehicle 

PM Particulate Matter 

THC Total Hydrocarbons 

U.S.C. United States Code 

VMT Vehicle Miles Traveled 

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Background 

Section 141 of the Energy Independence and Security Act of 2007 (EISA) entitled “Federal 

Vehicle Fleets,” amends section 303 of the Energy 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 Environmental 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 federal fleet web site for up-to-date information about lightduty 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 motor 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. EISA § 141 also does not apply to used vehicles that 

the General Services Administration reassigns from one agency to another. A motor vehicle1

, 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, paved surfaces. Section 

301(11) of EPAct92 (42 U.S.C. § 13211(11)) defines light-duty motor vehicle 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 sportutility vehicles. Examples of passenger cars include Buick Regal, Chevrolet Malibu, Ford Focus, 

Chrysler 200 and Dodge Charger. Examples of light-duty trucks, which includes both small and 

large SUVs, are Buick Enclave, GMC Terrain, Ford F150 and Jeep Patriot. Please note that 

vehicles 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 

configurations of the Ford Expedition, Chevrolet Suburban and GMC Yukon. Heavy duty trucks 

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. 

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(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. 

II.	 Is my agency subject to EISA § 141? 

Section 141 applies to all federal agencies, except 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, which can be 

found at www.gpoaccess.gov/gmanual/index.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 executive 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 command of the provision prohibits the acquisition 

of individual “vehicles” that are not low GHG-emitting. 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 for 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 statement of individual vehicle 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), or whether it is a law enforcement, emergency, 

or military vehicle. 

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

The greenhouse gases carbon dioxide (CO2), methane (CH4) and nitrous oxide (N2O) are emitted 

from most operating motor vehicles’ tailpipes.2 Factoring in the global warming potential of 

each gas provides a vehicle’s CO2 equivalent (CO2e) emissions. CO2 comprises the majority of 

tailpipe greenhouse gas emissions (approximately 99% of overall GHG emissions for new lightduty vehicles)3 and is dependent on the amount of fuel combusted. A vehicle’s CH4 and N2O 

emissions are largely dependent on the vehicle’s emissions control equipment and miles traveled. 

For model year (MY) 2012 and earlier, EPA quantified greenhouse gases as CO2e using 

emissions factors that are based on vehicle emission test results and fuel characteristics. The 

CO2e emission factors that were used are provided in Table 1 below. 

Table 1: Tailpipe CO2e Emissions Per Fuel Type 

CO2 CH4 and N2O 

Fuel Type Pounds/Gallon Grams/Gallon Grams/Mile 

Gasoline 19.59 8,8874 1.95 

Diesel 22.44 10,1806 0.47 

E85 13.88 6,2958 4.09 

CNG 15.50 7,03010 6.811 

In MY 2013, EPA began using carbon dioxide (CO2), and not CO2e, as the basis for determining 

EISA 141 compliant vehicles. Why? The rulemaking “Revisions and Additions to Motor Vehicle 

Fuel Economy Label” requires that CO2 emissions in grams per mile (g/mile) appear on the new 

motor vehicle fuel economy label beginning with MY 2013 vehicles.12 Specific vehicle CO2 

emissions data is now available and publicized on the label and fuelconomy.gov. In order to 

provide consistent data and messaging to the public, EPA decided to base the EISA 141 

compliant vehicle list on this publicly available CO2 emissions data. Because emissions of N2O 

and CH4 are very low relative to CO2, we do not believe accounting for them in the EISA 141 

criteria would significantly increase our ability to differentiate between vehicles. 

2 Electric vehicles and hydrogen fuel cell vehicles do not emit GHGs from the tailpipe.
 3 See 75 FR 25396.
 4 Value is based on indolene fuel, a specific EPA test fuel.
 5 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.
 6 Value calculated based on 40 C.F.R. 600.113 carbon content.
 7 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.
 8 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 (C2H5OH) using the periodic table of
 

elements. The table 1 value is comprised of 83% ethanol and 17% gasoline, accounts for 2% denaturant in ethanol.
 9 GREET v1.8b available in RFS2 docket # EPA-HQ-OAR-2005-0161-0956 (spreadsheet “Vehicles”).
 10 GREET v1.8b available in RFS2 docket # EPA-HQ-OAR-2005-0161-0925.1 (spreadsheet “Emission Factors”).
 11 GREET v1.8b available in RFS2 docket # EPA-HQ-OAR-2005-0161-0956 (spreadsheet “Vehicles”).
 12 See FR Doc No 2011-14291.
 

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

For MY 2012 and earlier, EISA 141 compliance was based on GHG scores available on EPA’s 

Green Vehicle Guide. Any vehicle that achieved a GHG rating of 7 or higher was considered a 

low GHG-emitting vehicle. Because of the limited number of light-duty trucks and light-duty 

flexible fuel vehicles (FFVs) that achieved a GHG rating of 7 or higher, EPA concluded that for 

the early years of this program, it was appropriate to lower the minimum GHG rating for these 

vehicles as follows: light-duty trucks that operated with gasoline, diesel or CNG that achieved a 

GHG rating of 6 or higher qualify, flexible fuel light-duty passenger cars that achieved a GHG 

rating of 6 or higher when operated with alternative fuel qualify, and flexible fuel light-duty 

trucks that achieved a GHG rating of 5 or higher when operated with alternative fuel qualify. 

These adjustments increased options for federal agencies, while still maintaining relatively low 

GHG emissions performance for these vehicles. 

Table 2. EPA GHG Ratings Needed to Qualify as a Low GHG-Emitting Vehicle for MY 2012 and earlier 

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 10 

As of MY 2013, EISA 141 compliance levels are based on specific CO2 g/mile maximum 

emissions levels. EPA will analyze the tailpipe CO2 emissions from all light-duty motor vehicle 

configurations (cars and light-duty trucks) manufactured for sale in the U.S. for the prior model 

year in order to project the maximum allowable CO2 emissions levels for the subsequent model 

year, with distinct designations for cars and LD trucks/MDPVs. The goal in determining the 

appropriate CO2 emissions level threshold for any given model year will be to designate the top 

25% (approximately) of lowest GHG-emitting cars and LD trucks/MDPVs as EISA 141 

compliant (based on analysis of the previous model year vehicle data).13 

For MY 2013 - MY 2015, EPA continued to adjust the EISA 141 compliance levels for lightduty flexible fuel vehicles (FFVs) operating on E85. The maximum CO2 (g/mi) levels for FFV 

passenger cars and FFV passenger trucks was set at 45 g/mi higher (equivalent to one point on 

GVG rating for earlier MYs) than the standard threshold for each class. 

As of model year 2016, FFVs will have the same thresholds as other cars and trucks.14 However, 

agencies still need to determine if an FFV will be operated on gasoline or on E85 to find the 

13 By statute, EPA cannot designate any vehicle as low-GHG emitting if its emissions are higher than the most 

stringent applicable standards “...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.’’ (See Appendix A). To meet this requirement, EPA will ensure that the maximum allowable CO2 

levels for EISA 141 are set at or below EPA's estimated projected industry fleet-wide tailpipe CO2 emissions 

compliance levels for cars and trucks in the light-duty vehicle GHG standard applicable for that model year. 

14 The rulemaking “Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy 

Standards” provides credits for MY2012-MY2015 FFVs based, in part, on a downward adjustment to the vehicle’s 

tailpipe CO2 emissions rate when operating on alternative fuel (see 75 FR 25432). Because the EISA 141 statute 

allows EPA to take into account such emissions allowances and adjustments factors when determining whether to 

designate a vehicle as low-GHG emitting, EPA has determined it is permissible to set EISA141 maximum allowable 

CO2 thresholds for FFVs operating on E85 higher than the projected fleet-wide compliance level through MY2015. 

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applicable tailpipe CO2 emissions level for that vehicle model (see section VII for more details.) 

Many FFVs have lower tailpipe CO2 emissions when operated on E85 than on gasoline and this 

could result in certain vehicle models only qualifying as low GHG-emitting if operated on E85. 

Table 3. Model Year 2016 & MY 2017 EISA 141 Compliance Thresholds 

(maximum CO2 emissions level) 

Passenger cars 300 g CO2/mile 

Light-Duty Trucks, MDPVs 375 g CO2/mile 

The joint EPA/DOE web site fueleconomy.gov lists the CO2 emissions in grams/mile for each 

light-duty motor vehicle model manufactured for sale in the United States. 

EPA analyzes fleet data every model year. As a result, the compliance thresholds are subject to 

change. Additionally, EPA may choose to designate models as compliant that have the same 

engine, transmission, and chassis as qualified models, but due to test variability, did not qualify. 

Please check EPA’s EISA 141/Federal Vehicle Acquisition page 

(http://epa.gov/otaq/climate/regs-fleets.htm) for program and compliance level updates. 

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

EPA’s federal fleets website provides agencies with up-to-date model year lists of all qualifying 

low GHG-emitting vehicles that are available for sale in the United States. Users can also use 

fueleconomy.gov to look up the tailpipe CO2 g/mile emissions of any individual light-duty 

vehicle for sale in the U.S. and compare that to the applicable EISA 141 compliance threshold 

for either passenger cars or light-duty trucks and MDPVs to see if the vehicle qualifies as low 

GHG-emitting. For purposes of this program, passenger cars include two-seaters, minicompacts, subcompacts, compacts, midsize sedans, large sedans, and station wagons. The lightduty truck and medium-duty passenger vehicle category includes light trucks, SUVs, minivans, 

vans, and special purpose vehicles.15 

Beginning in MY 2013, vehicle manufacturers are required to provide the CO2 (g/mi) emissions 

for all applicable vehicles, including any optional equipment which may alter the emissions, in 

U.S. General Services Administration’s (GSA) AutoChoice. If an agency selects optional 

equipment, which includes but is not limited to engines and transmissions, the corresponding 

CO2 (g/mi) emissions rate for the selected vehicle will be shown. For any vehicle where OEM 

CO2 (g/mi) emissions are unavailable in AutoChoice, this information may be obtained 

from fueleconomy.gov. 

However, the light-duty GHG emissions standards do not provide these credits to FFVs after MY 2015. Therefore 

EPA is also removing the 45 g CO2/mi compliance break for FFVs under EISA section 141 starting with model year 

2016. 

15 ‘‘Light-duty vehicle,’’ ‘‘light-duty truck,’’ and ‘‘medium-duty passenger vehicle’’ are defined in 40 CFR 

86.1803–01. Generally, the term ‘‘light-duty vehicle’’ means a passenger car, the term ‘‘light duty truck’’ means a 

pick-up truck, sport-utility vehicle, or minivan of up to 8,500 lbs gross vehicle weight rating, and ‘‘medium-duty 

passenger vehicle’’ means a sport-utility vehicle or passenger van from 8,500 to 10,000 lbs gross vehicle weight 

rating. 

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If “N/A” is associated with a vehicle’s CO2 emissions, this indicates that the manufacturer is not 

required to report the GHG emissions and fuel economy data to EPA, which is currently the case 

for light duty large trucks with a gross vehicle weight over 8500 lbs. 

The GHG emissions of motor vehicles varies across vehicle models as well as across different 

configurations within a vehicle model. Therefore, it is imperative that an agency verify the 

specific vehicle’s CO2 emissions using EPA’s federal fleets web site or fueleconomy.gov prior to 

acquiring the vehicle. 

EPA’s federal fleets web site and fueleconomy.gov are updated regularly to reflect new 

emissions data submitted by vehicle manufacturers throughout the model year. For the most upto-date list of available low GHG-emitting vehicles, an agency should always reference the 

EPA’s federal fleets web site. 

VII. Why do some vehicles on EPA’s federal fleets web site have two GHG emissions 

levels? 

Each fuel has a different chemical composition, carbon content and heating value, which are 

factors in a vehicle’s tailpipe emissions. These differences are accounted for in the CO2 emission 

rates in Table 1. For example, FFVs that operate with either gasoline or an alternative fuel (e.g., 

E85) will list two emissions levels, one that reflects the use of gasoline and another 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 emissions level for the type of fuel on which the vehicle will be operated. 

VIII. What if a vehicle intended for acquisition is not listed on EPA’s federal fleets web 

site? 

EPA’s federal fleets web site 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 EPA’s federal fleets web site 

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. 

IX. Will a vehicle’s GHG emissions level ever change? 

An agency should document a motor vehicle’s GHG emissions16 at the time a vehicle is 

acquired. This will avoid any question of a vehicle’s GHG emissions level for reporting 

purposes. When an agency acquires a vehicle through GSA, the point of acquisition occurs when 

the agency orders the vehicle from GSA. 

16 For MY2013 and later, the term GHG emissions should be understood as referring to CO2 emissions. 

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Occasionally, a vehicle manufacturer may update or modify its vehicle certification data 

submitted to EPA as described in section IV of this guidance document. These updates or 

modifications may result in an updated GHG emissions level. This should occur only rarely and, 

as stated above, federal agencies should use the GHG emissions information assigned to the 

vehicle at the time of acquisition. 

Each model year EPA will evaluate the fleet’s GHG emissions and the definitions for low GHG 

emissions performance to ensure that this program is identifying the appropriate vehicles as low 

GHG-emitting vehicles. Additionally, vehicle manufacturers are adding advanced technology 

and other improvements to existing vehicle models that will likely improve their GHG emissions 

performance. EPA expects that the GHG emissions threshold for designating low GHG vehicles 

will change from one model year to the next. GHG emissions for those vehicles in which more 

advanced engine technology is added will likely decrease. As a result, a vehicle with similar 

GHG emissions performance as previous model years is not guaranteed to be designated low 

GHG gas emitting each subsequent model year. 

In any instance, federal agencies should document a vehicle’s GHG emissions performance 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 low 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 requires 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 recommends that each federal agency consolidate 

the responsibility for the EISA § 141 certifications in one office to maintain consistency and 

facilitate program oversight and recordkeeping. 

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. 

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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, evaluation 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. Records 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 preparing vehicle-by-vehicle 

justifications. For example, an agency can draft a cover sheet appropriately describing the 

functional need or needs that a low GHG-emitting 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 the 

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. 

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Section 141 applies to all individual light-duty vehicles and MDPVs; therefore, the 

guidance regarding vehicles acquired for law 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 available 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 agency 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 offsets 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 reducing 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 heated by oil. More information and resources 

on alternative measures are provided on EPA’s federal fleets web site at 

http://epa.gov/otaq/climate/regs-fleets.htm. 

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

the appropriate cost-effective alternative 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 maintain 

records of such determinations for at least five years and/or in accordance with agencyspecific recordkeeping requirements. 

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 acquiring 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 

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vehicle that does NOT meet EPA’s definition 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 ratings. 

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 EPA’s federal fleets web site. The Assessment Tool is a 

spreadsheet-based calculator that 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 the GHG g/mile emissions for each light duty motor vehicle 

and MDPV they intend to acquire during the period specified by the agency into 

the Federal Vehicle GHG Emissions Calculator in the Assessment Tool. An 

agency should only enter FFVs in the FFV columns if the FFV will be operated 

with the alternative fuel. The Federal Vehicle GHG Emissions 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 141 GHG emissions limit. 

3.	 It compares the agency’s aggregate GHG emissions to its EISA 141 GHG 

emissions limit. 

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 replacing conventionally fueled vehicles with 

NEVs. To quantify emission reductions associated with reducing VMT, the user 

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would modify the average annual mileage value used to calculate the agency’s 

aggregate GHG emissions. 

Section 141 applies when a vehicle is acquired; 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 and aggregate GHG emissions will update 

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 each agency’s purchasing practices and 

can be done in coordination with Federal 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 acquired 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 continue to evaluate the impact of aggregating motor vehicle GHG 

emissions and may make adjustments or refinements in a future guidance 

document. EPA plans to address additional GHG emissions accounting 

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 vehicles can be aggregated independently if the 

agency elects to utilize the alternative measures exception. 

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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. § 474.2, 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. Plug-in hybrid electric vehicles (PHEVs) 

can be charged by a source off the vehicle like an EV and can also be operated on a conventional 

fuel like gasoline. 

EVs are considered zero-emissions vehicles because they do not produce tailpipe CO2 emissions. 

As a result, they are considered low GHG-emitting vehicles for EISA 141. PHEVs do produce 

tailpipe emissions from operation on gasoline. As for other vehicles, fleet managers can 

determine the CO2 (g/mi) emissions for HEVs and PHEVs on EPA’s federal fleets web site. 

Similar to conventionally fueled vehicles, as described in section IV of this guidance document, 

manufacturers must properly certify EVs and PHEVs with EPA before introducing these vehicles 

into commerce. 

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

As stated in section V, the GHG emissions requirements for MY 2015 and earlier FFVs to be 

considered low GHG-emitting vehicles when operated with E85 are less stringent than for 

dedicated gasoline-fueled vehicles. If a vehicle only qualifies as a low GHG-emitting vehicle 

when operated with E85, the vehicle must be operated with E85 in order to be considered a low 

GHG-emitting vehicle. As of model year 2016, FFVs have the same thresholds as other cars and 

trucks. However, agencies still need to determine if an FFV will be operated on gasoline or on 

E85 to find the applicable tailpipe CO2 emissions level for that vehicle model. Many FFVs have 

lower tailpipe CO2 emissions when operated on E85 than on gasoline and this could result in 

certain vehicle models only qualifying as low GHG-emitting if operated on E85. The fuel type 

used to determine the GHG emissions level is clearly identified on EPA’s federal fleet website. 

To use the GHG emissions threshold 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 rating 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 emissions level for each vehicle is the GHG emissions g/mile 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 include it in the Federal Vehicle 

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GHG Emissions Calculator within the GHG emissions level that corresponds 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 time of vehicle acquisition. However, agencies 

should consider EISA § 142 and Executive Order (E.O.) 13423 fuel use requirements when 

deciding to relocate an AFV to an area where 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 § 141 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 requires 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. Even with the less stringent GHG emissions requirement for light-duty 

FFVs, the availability of vehicle configurations that qualify under both EISA § 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 of 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 vehicle (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 (as 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-emitting 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 low GHG-emitting vehicles achieve a significant 

reduction in petroleum consumption similar to or greater than the other newly defined AFVs that 

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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 consumption 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 available, an agency can acquire any FFV or AFV 

that is a low GHG-emitting vehicle. Where alternative fuel is not available, an agency can 

acquire any low GHG-emitting vehicle. 

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

agency from acquiring AFVs in areas where the alternative fuel is not available. To drive the 

demand 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 available 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. 

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

definition of an alternative fuel as defined 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? 

MDPVs are covered vehicles under EISA § 141. As defined 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 area 

of 72 inches in interior length or more. Corporate average fuel economy standards did not apply 

to MDPVs until model year 2011; therefore, EPA has only limited data on their GHG emissions 

prior to model year 2011. 

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

Yes, government-owned contractor-operated vehicles 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 

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other requirements of [the E.O.] and that these goals 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 of 

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 the 

agency 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 document, 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 aggregate 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 which 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., including 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 its 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 vehicles 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? 

EPA’s federal fleets web site provides vehicle information going back to model year 2009. The 

GHG emissions thresholds established in model year 2010, the first year of EISA 141 

implementation, shall be used as the basis for determining low GHG emitting vehicles for model 

2009. 

XVIII. What are the recordkeeping requirements? 

Section 141 requires that agency heads, or his or her designee(s), “certify in writing, for each 

individual vehicle purchased” when a non-low 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 

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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 vehicle is operated and GHG 

g/mile emissions. 

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 compliance with vehicle acquisition, petroleum 

consumption and alternative fuel consumption requirements. 

As of fiscal year 2011, DOE requires federal agencies to include information regarding the 

acquisition of low GHG-emitting vehicles in the Federal Automotive Statistical Tool (FAST) on 

an annual basis. EPA anticipates reviewing the 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. 

XX. Contact Information 

Kristin Kenausis 

Office of Transportation and Air Quality 

US EPA 

(202) 343-9225 

kenausis.kristin@epa.gov 

Susan Burke 

Office of Transportation and Air Quality 

US EPA 

(202) 343-9098 

burke.susan@epa.gov. 

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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) VEHICLE EMISSION REQUIREMENTS.—
 

‘‘(1) DEFINITIONS.— In this subsection: 

‘‘(A) FEDERAL 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) MEDIUM 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) MEMBER’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) PROHIBITION.— 

‘‘(A) IN 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) EXCEPTION.— 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) SPECIAL 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) GUIDANCE.— 

‘‘(A) IN 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) CONSIDERATION.— 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. 

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‘‘(C) REQUIREMENT.—The Administrator shall not identify any vehicle as a low 

greenhouse gas emitting vehicle if the vehicle emits greenhouse gases at a higher rate 

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.’’. 

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Appendix B 

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