Guidance for Implementing Section 141 of the 

Energy Independence and Security Act of 2007

Federal Vehicle Fleets and Low Greenhouse Gas-Emitting 

Vehicles
EPA-420-B-10-008

February 2010

SmartWay Transport Partnership Program

Transportation and Regional Programs Division

Office of Transportation and Air Quality

U.S. Environmental Protection Agency

Issuance Date: February 22, 2010

Guidance for Implementing Section 141 of the 

Energy Independence and Security Act of 2007

Federal Vehicle Fleets and Low Greenhouse Gas-Emitting 

Vehicles
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?......................2 

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

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

VII. Why do some vehicles on the Green Vehicle Guide 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 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?.....................................................................................................................................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 they included in this guidance document?...............12 

A. Are Neighborhood Electric Vehicles (NEVs) included 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 contractor-operated vehicles included?.......................................................16 

XVI. What about vehicles purchased in the United States 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

 

i
ii

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 
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 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 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. 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 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 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, 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. 

1
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 (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 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). 

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 an operating motor vehicle’s tailpipe. Factoring in the global warming potential of each gas 

2
provides a vehicle’s CO2 equivalent (CO2e) emissions. A vehicle’s CO2e emissions are 

indicative of its energy consumption and environmental performance. CO2 comprises the 

majority of the CO2e emissions 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. 

To quantify a vehicle’s CO2e emissions EPA uses emission factors that are based on vehicle 

emission test results and fuel characteristics. To quantify the CO2 emissions, EPA factors in the 

fuel’s carbon content, heating value and fuel density. To quantify the CH4 and N2O emissions, 

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

Sinks: 1990-20072 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 certification 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 CO2e emissions in grams/mile (g/mi.) for every 

vehicle manufactured for sale in the U.S. The CO2e emission factors 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 8,8873 1.94

Diesel 22.44 10,1805 0.46

E85 13.88 6,2957 4.08

CNG 15.50 7,0309 6.810

Currently, a vehicle’s CO2e 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 (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. 

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”). 

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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 NOx; however, the air 

pollution score is not considered 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 CO2e emissions. Table 2 lists GHG scores and corresponding CO2e 

emissions for the 2010 model year. 

To define a low GHG-emitting vehicle, EPA analyzed the 

tailpipe CO2e 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 CO2e emissions performance, EPA 

concluded that vehicles with CO2e emissions within one 

standard deviation of the mean emission rate of all lightduty motor vehicles manufactured in the same model year 

are average GHG-emitting vehicles. The mean was 

calculated by equally weighting all vehicle configurations. 

Any vehicle with CO2e emissions greater than one standard 

deviation above the mean is a high GHG-emitting vehicle. 

Any vehicle with CO2e 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 CO2e/mi. and the standard 

deviation is 98 g CO2e/mi. Therefore, one standard deviation below the mean is 372 g CO2e/mi. 

As shown in Table 2, the mean minus one standard deviation falls within a GHG score of 7. 

Table 2: GHG Emissions Per GHG 

score 

GHG Score MY 2010 

CO2e 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 ≥ 652 

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 model year vehicle configurations achieve a GHG 

score of 7 or higher, providing a reasonable number 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 achieve 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 

4
a GHG score of 6 or higher qualify, flexible fuel light-duty passenger cars that achieve a GHG 

score of 6 or higher when operated with alternative 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-duty truck configurations, 11% of the 2009 model 

year flexible fuel light-duty vehicle configurations and approximately 21% of all 2009 model 

year vehicle configurations qualifying as low 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 operated 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.

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 10 

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) 

5
AutoChoice. The Car Buyer’s Check Sheet can also be provided directly to a dealership or 

leasing organization. Due to certain federal requirements regarding emissions certification, there 

may be multiple listings for vehicles that otherwise appear to be identical. Viewing the vehicle 

specifications page and the detailed description 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 manufacturers. 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 emissions 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 composition, carbon content and heating value, which are 

factors in a vehicle’s tailpipe emissions. These differences are accounted for in the CO2e 

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 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 score 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 Green Vehicle 

 Guide? 

As stated in section VI above, the Green Vehicle 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. 

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IX. Will a vehicle’s GHG score ever change? 

An agency should document a motor vehicle’s GHG score at the time a vehicle is acquired. This 

will avoid any question of a vehicle’s GHG score for reporting purposes. When an agency 

acquires a vehicle through GSA, the point of acquisition 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 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 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 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. 

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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, 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 

8
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 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 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 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. 

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? 

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 

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 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 Guide’s Federal Vehicle Acquisition Web 

site at www.epa.gov/greenvehicles/Federalfleet.do. 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 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 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 GHG emissions limit. 

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

 emissions limit. 

10
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 

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 FFV 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 motor vehicles are 599.8 metric tons 

CO2e/year. The agency’s EISA GHG emissions limit is 550.1 metric tons 

CO2e/year. This agency’s aggregate GHG emissions exceed its EISA limit; 

therefore, consistent with the alternative measures exception, the agency must 

reduce its CO2e 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 CO2e

EISA Limit: 204.7 119.7 126.9 98.8 EISA Limit: 550.1 Metric tons CO2e

Difference: -15.3 -4.6 -24.0 -5.8 -49.7 Metric tons CO2e

Results:

CO2 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

Annual GHG Emissions Summary 

GHG 

Score

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

583

629

675

399

445

491

(grams/mile)

Avg. CO2e 

emissions

537

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 

11
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 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 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. 

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. 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 CO2 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 conventionally fueled vehicles, as described in 

12
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 maximum 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 guidance 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 guidance 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 fueled 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 interested 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 fuel are lower than for 

dedicated gasoline-fueled vehicles. A FFV passenger 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 the 

13
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 include it in the Federal Vehicle GHG Emissions 

Calculator within the GHG score 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. At the time of this writing, approximately 11% of all 2009 model year 

FFV configurations qualify as low GHG-emitting vehicles when operated with E85. When 

operated with gasoline, only one 2009 model year 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 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 

14
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 

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. 

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 required to offset 46 metric tons of CO2e emissions based on 

15
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 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? 

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. 

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 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 

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 

16
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? 

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 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 

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 

17
18

score. In consultation with GSA, EPA has recommended including information regarding the 

acquisition of low GHG-emitting vehicles 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 compliance 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, upon 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 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. 

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, records 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 
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. 

 ‘‘(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 

I
 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.’’. 

II
Appendix B 

III
IV
V
VI
VII
VIII