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

Federal Vehicle Fleets and Low Greenhouse Gas

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VehiclesEPA-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

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VehiclesTable of Contents

Acronyms and Abbreviations ..................................................................................................... ..................ii Background..................................................................................................................... ..............................1
I. What does EISA § 141 re quire 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 vehicl e 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 de termine 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 consolid ated 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 Vehi cles (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 inter act with the requirements of EPAct92 § 303(b) ........... (42 U.S.C. § 13212(b))?....................................................................................................... ..............14

XIV. How are MDPVs addressed?.................................................................................................. ............16 XV. Are government-owned contract or-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

iii Acronyms and Abbreviations

AFV Alternative Fuel Vehicle
C.F.R. Code of Federal Regulations
CH 4 Methane
CMSA Consolidated Metropolitan Statistical Area
CNG Compressed Natural Gas
CO Carbon Monoxide
CO 2 Carbon Dioxide
CO 2 e Carbon Dioxide Equivalent
DOE U.S. Department of Energy
E85 Fuel that is 85% ethanol, 15% gasoline
EIA Energy Information Administration
EISA Energy Independence and Security Act of 2007
E.O. Executive Order
EPA U.S. Environmental Protection Agency
EPAct2005 Energy Policy Act of 2005
EPAct92 Energy Policy Act of 1992
EV Electric Vehicle
FAST Federal Automotive Statistical Tool
FFV Flexible Fuel Vehicle
FR Federal Register g/mi. Grams Per Mile
GHG Greenhouse Gas
GVWR Gross Vehicle Weight Rating
GREET Greenhouse Gases, Regulated Emissions, and Energy Use in Transportation model
GSA U.S. General Services Administration
HEV Hybrid Electric Vehicle
HFC Hydrofluorocarbons
kWh Kilowatt Hour
Lbs. Pounds
LPG Liquefied Petroleum Gas (Propane)
MDPV Medium Duty Passenger Vehicle
MPG Miles Per Gallon
MPH Miles Per Hour
MSA Metropolitan Statistical Area
NDAA2008 National Defense Authorization Act of 2008
NEV Neighborhood Electric Vehicle
NO
x Oxides of Nitrogen
PHEV Plug-in Hybrid Electric Vehicle

PM Particulate Matter
THC Total Hydrocarbons
U.S.C. United States Code
VMT Vehicle Miles TraveledBackground

Section 141 of the Energy Independence and Secu rity Act of 2007 (EISA) entitled “Federal Vehicle Fleets,” amends section 303 of the En ergy Policy Act of 1992 (EPAct92) (42 U.S.C. § 13212). It supports the goal of reducing gr eenhouse gas (GHG) emissions by prohibiting federal agencies from acquiring light-duty moto r 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 appl y to fuel provider fleets or state agency fleets subject to EPAct92 §§ 501 and 507.

In order to facilitate the purchase of low GHG-emitting vehicl es by the federal government, EISA § 141 directs the Administrator of the Envi ronmental Protection Agency (EPA) to define what a low GHG-emitting vehicle is and to identi fy 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 Gu ide for up-to-date information about light-duty motor vehicles ce rtified 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 th e 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 acqui ring (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 EI SA § 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 vehicle 1 , as defined by 40 C.F.R. § 85.1703, is a vehicle that is self-propelled and capable of transporting a person, persons, any materials, or any permanently or temporarily affixed appara tus, and, among other things, is capable of exceeding 25 miles per hour (mph) over level, pa ved surfaces. Section 301(11) of EPAct92 (42 U.S.C. § 13211(11)) defines light-duty motor vehi cle to include both li ght-duty vehicles and light-duty trucks as defined by 40 C.F.R. § 86.18 03-01. Therefore, in th is guidance document, the term light-duty motor vehicle includes passeng er 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 Chev rolet HHR, Saturn Vue, Ford Ranger and Jeep Patriot. Pleas e 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 configurat ions of the Ford Expedition, Ford Club Wagon, Chevrolet Suburban and GMC Yukon. Heavy duty tr ucks (e.g., pickup trucks and non-passenger vans over 8,500 lbs. GVWR or 6,000 lbs. curb weight) are outside th e 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 acco rdance with 40 C.F.R. Part 86 to show its ability to comply with federal vehicle emission standards.

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

Section 141 applies to all federal agencies, excep t for offices of the legislative branch, but includes the U.S. House of Representatives wh en vehicles are acquired using a Member’s Representational Allowance. Federal agencies include offices of the judicial branch and executive branch including executive departm ent s, 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. Hous e 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. § 1321 2(b)(3)), for applicab ility purposes, defines “Federal fleet” to mean “a group of 20 or mo re 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 execu tive department, military department, Government corporation, independent establishment, or execut ive agency, the United States Postal Service, the Congress, the courts of the United States, or the Executive Offi ce of the President. Such term does not include – (D) law enforcement motor ve hicles; (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 na tional 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 pr ohibits 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 guida nce 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 appl ies 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 applicabil ity is permissible. EISA § 141 covers all individual light-duty motor vehicl es and MDPVs acquired by a federal agency, regardless of the size and lo cation of its fleet(s).

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

The greenhouse gases carbon dioxide (CO 2 ), methane (CH 4 ) and nitrous oxide (N 2 O) are emitted from an operating motor vehicle’s tailpipe. Factor ing in the global warming potential of each gas

2provides a vehicle’s CO 2 equivalent (CO 2 e) emissions. A vehicle’s CO 2 e emissions are indicative of its energy consumption and environmental performance. CO 2 comprises the majority of the CO 2 e emissions and is dependent on the amount of fuel combusted. A vehicle’s
CH 4 and N 2 O emissions are largely dependent on the vehicle’s emissions control equipment and
miles traveled.

To quantify a vehicle’s CO 2 e emissions EPA uses emission f actors that are based on vehicle
emission test results and fuel ch aracteristics. To quantify the CO 2 emissions, EPA factors in the fuel’s carbon content, heating valu e and fuel density. To quantify the CH 4 and N 2 O emissions,
EPA uses emission factors found in the EPA’s Inventory of U.S. Greenhouse Gas Emissions and
Sinks: 1990-2007 2 and Argonne National Laboratory’ s GREET model version 1.8b. The emission factors used are informed by the result s of the vehicle testing conducted pursuant to 40 C.F.R. Parts 86 and 600, EPA’s emissions certif ication and fuel economy labeling programs, respectively. Vehicle manufacturers test their vehi cles using defined federa l test procedures and report the results to EPA. The driv e cycles used in the test pro cedures are designed to simulate real-world driving conditions. From the tests, EP A also determines the amount of fuel consumed per mile driven. This allows EPA to calculate the CO 2 e emissions in grams/mile (g/mi.) for every
vehicle manufactured for sale in the U.S. The CO 2 e emission factors used are provided in Table
1 below.

Table 1: Tai lpipe CO 2 e Emissions Per Fuel Type
CO 2 CH 4 and N 2 O Fuel Type Pounds/Gallon Grams/Gallon Grams/Mile

Gasoline 19.59 8,887 3 1.9 4

Diesel 22.44 10,180 5 0.4 6

E85 13.88 6,295 7 4.0 8

CNG 15.50 7,030 9 6.8 10

Currently, a vehicle’s CO 2 e emissions do not account for emissions of air conditioner refrigerants, such as hydrofluor ocarbons (HFC). EPA is curren tly examining ways to better
account for HFC and black carbon emissions from ve hicles. 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 Gree nhouse Gas Reporting Rule for Petroleum Suppliers which uses the ethanol density value from the CRC: Handbook of Chemistry and Phys ics, 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 mol ecular weight of carbon in ethanol (C 2 H 5 OH) using the periodic table of elements. The table 1 value is comprised of 83% ethanol and 17% gasoline, accounts for 2% denaturant in ethanol.

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

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

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

3a 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 po llutants such as THC, CO, PM and NO
x ; however, the air pollution score is not considered under EI SA § 141, which addresses only GHG emissions.

In EPA’s Green Vehicle Guide, every light-duty motor vehicle model is given a GHG score from
0 to 10 based on its CO 2 e emissions. Table 2 lists GHG scores and corresponding CO 2 e emissions for the 2010 model year.

To define a low GHG-emitting vehicle, EPA analyzed the tailpipe CO 2 e emissions from all light-duty motor vehicle configurations (cars and light -duty trucks) manufactured for sale in the U.S. for the 2009 model year. Based on the
distribution of vehicle CO 2 e emissions performance, EPA
concluded that vehicles with CO 2 e emissions within 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 weighti ng all vehicle configurations. Any vehicle with CO 2 e emissions greater than one standard deviation above the mean is a high GHG-emitting vehicle. Any vehicle with CO 2 e emissions greater than onestandard deviation below the mean is a low GHGemitting vehicle . The mean emission rate of the 2009 model year vehicle fleet is 470 g CO 2 e/mi. and the standard deviation is 98 g CO 2 e/mi. Therefore, one standard deviation below the mean is 372 g CO 2 e/mi. As shown in Table 2, the mean minus one standa rd deviation falls within a GHG score of 7. Table 2: GHG Emissions Per GHG

score GHG Score MY 2010
CO 2 e emissions

(grams/mile)
10 ≤ 237
9 238 to 283
8 284 to 329
7 330 to 375
6 376 to 421
5 422 to 467
4 468 to 513
3 514 to 559
2 560 to 605
1 606 to 651
0 ≥ 652

To take advantage of EPA’s existing GHG scor ing 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 configur ations achieve a GHG score of 7 or higher, providing a reasonable num ber of vehicle options to federal agencies. However, the list of vehicles that qualify as low GHG-emitting vehi cles is comprised of only 6% of the available 2009 light-duty tr uck configurations, only one flex ible 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 op erate with gasoline, diesel or CNG that achieve

4a GHG score of 6 or higher qualify, flexible fu el light-duty passenger cars that achieve a GHG score of 6 or higher when operated with alternat ive fuel qualify, and fl exible fuel light -duty
trucks that achieve a GHG scor e of 5 or higher when operated with alternative fuel qualify. These adjustments increase options for federal ag encies, while still maintaining relatively low GHG emissions performance for these vehicles. Th ese adjustments result in approximately 13% of the 2009 model year non-flexible fuel light-d uty truck configurations, 11% of the 2009 model year flexible fuel light-duty vehicle configurations and appr oximately 21% of all 2009 model year vehicle configurations qualifying as lo w GHG-emitting vehicles. While the basis for the EPA’s determination is the 2009 model year fl eet, 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 Ta ble 3, to be considered “ low GHG-emitting,” passenger cars that operate with gasoline, diesel or CNG must ac hieve a GHG score of 7 or higher; light-duty trucks, MDPVs and FFV passenger cars when op erated with alternative fuel must achieve a GHG score of 6 or higher; and FFV light-duty trucks when operated with alternative fuel must achieve a GHG sc ore of 5 or higher. The GHG score for every light-duty motor vehicle available for sale in the U.S. is publ ished 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 wi ll evaluate the GHG em issions performance of the vehicle fleet and we may adjust the defi nitions 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/greenvehicl es/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” a nd “All Years” from the drop down list. From the list established,
a user can click on each vehicle and obtain a deta iled description with ve hicle specifications. At the top of the vehicle specificati ons page, a user can select a pr intable Car Buyer’s Check Sheet. This will help to identify the exact vehicle intend ed for acquisition and can be used to customize the vehicle intended for acquisition in the U. S. General Services Administration’s (GSA)

5AutoChoice. The Car Buyer’s Check Sheet can also be provided directly to a dealership or leasing organization. Due to certain federal requirements regard ing emissions certification, there may be multiple listings for vehicles that otherwis e 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 alwa ys reference the Federal Vehicle Acquisition page of the Green Vehicle Guide ( www.epa.gov/greenvehicl es/Federalfleet.do ).

If “N/A” is associated with a vehicle on the Green Vehicle Guide, this indicates that the manufacturer is not required to report the GHG em issions and fuel economy data to EPA, which is currently the case for MDPVs. However, be ginning 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 va ries across vehicle types as well as within a vehicle model. Therefore, it is imperative th at an agency verify a vehicle’s GHG score using the Green Vehicle Guide prio r to acquiring the vehicle.

Beginning in fiscal year 2010, vehicle manuf acturers 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 m odified vehicle must be obtained from the
Green Vehicle Guide. Vehicle characteristics th at 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 compositi on, carbon content and heating value, which are factors in a vehicle’s tailpipe emissions. These differences are accounted for in the CO 2 e emission rates in Table 1. FFVs that operate with e ither 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 th e vehicle will be operated.

VIII. What if a vehicle intended for acquisi tion is not listed on EPA’s Green Vehicle Guide?

As stated in section VI above, the Green Vehicle Guide is updat ed throughout the year. Vehicle
manufacturers submit data to EPA to coincide wi th a vehicle model’s pl anned introduction into commerce. In some instances a vehicle may be introduced earlier than planned and the Green Vehicle Guide may not reflect this earlier releas e 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.

6IX. Will a vehicl e’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 sc ore 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 manufact urer 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 cha nge the emissions performance of a vehicle, the GHG score could change. This should occur only ra rely and, as stated above, fede ral 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 th at this program is identifying the appropriate vehicles as low GHG-emitting vehicles. Additiona lly, vehicle manufacturers ar e 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 advan ced engine technology is added will likely increase. The GHG score for ve hicles with similar GHG emissions performance as previous model years will likely decrease.

In any instance, federal agencies should documen t 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 flex ibility 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 consump tion 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 alte rnative measures that result in an equivalent amount of petroleum consumpti on and GHG emission reductions.

Agencies are permitted to establish roles in lin e 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 require ment, to the individuals within the agency that select vehicles for acquisition. However, EPA r ecommends that each federal agency consolidate the responsibility for the EISA § 141 certifications in one office to maintain consistency and facilitate program oversight and recordkeeping.

7The statute does not authorize EPA to approve use of either excepti on to the prohibition. Therefore, agencies should not reques t 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 separa te certification for each individual vehicle purchased,...that no low greenhouse gas emitting vehicle is
available to meet the functiona l needs of the agency and deta ils 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 he r designee(s), is responsible for making such a
determination. EPA cannot make this determin ation, 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 shoul d include identification of functional needs, evaluation of availa ble low GHG-emitting vehicles and, when appropriate, a determination that no low GH G-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 indivi dual 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 dr aft a cover sheet appropr iately 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 ne eds. However, it is reasonable that this exception would apply to many law enfor cement motor vehicles, emergency motor vehicles, military tactical vehicles and ve hicles used for protective services, among others. EPA recognizes that certain federal law enforcement agencies require vehicles with specialized attributes to meet functiona l needs related to routine law enforcement or other time critical activities, for whic h there may be no low GHG-emitting vehicle options. These activities include , but are not limited to, pris oner transport, high speed pursuit, border securi ty, disaster response, immigrati on enforcement, counterterrorism and undercover investigation. A vehicle acquired to perform su ch 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 e xpanded interior volume, larger engine size, camouflage, specialized on-board equipmen t 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 li st of vehicles acquired to perform the

8activities identified. Advance re cognition of these functional needs and grouping vehicles under a single certification w ill 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 sect ion should not be considered an ex clusion from EISA § 141. If a low GHG-emitting vehicle is availabl e 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-em itting vehicles “shall not apply...if the head of the agency certifies in writing, in a se parate 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 ach ieved 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 quantit y of greenhouse gas emissions e qual to or greater than the quantity of greenhouse gas reductions that woul d have been achieved each year through the acquisition of a low gree nhouse gas emitting vehicle.”

This exception allows an agency to acqui re a vehicle that is not a low GHG-emitting
vehicle if it offsets the incremental in crease of petroleum consumption and GHG emissions compared to a low GHG-emitting ve hicle. A range of offsetting reduction strategies can be contemplated, such as re ducing vehicle miles trav eled (VMT), reducing the number of vehicles owned and operate d, 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 he r designee(s), is responsible for determining the appropriate cost-effec tive alternative measure(s) and for quantifying the GHG
emission reductions associated with the meas ure. 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.

9i. Under the alternative measures ex ception, can a federal agency assess the aggregate GHG emissions fro m all of its acquired vehicles to determine the quantity of emi ssions that must be reduced?

The alternative measures exception requires that agencies quantify the total GHG emissions that will result from acqui ring vehicles that do not meet EPA’s definition of a low GHG-emitting vehicle. The alternative measures exception further requires that agencies compar e the GHG emissions performance of a
vehicle that does NOT meet EPA’s defi nition of a low GHG-emitting vehicle to the GHG emissions performance of a lo w GHG-emitting vehicle and offset the
difference. To most effe ctively 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 Gu ide’s Federal Vehi cle Acquisition Web
site at www.epa.gov/greenvehicles/Federalfleet.do . The Assessment Tool is a spreadsheet-based calculator that assists federal agenci es with tracking, verifying and quantifying the GHG emissions associated with the vehicles they acquire or plan to acquire. To satisfy the § 141 cer tification 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 othe r 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 Ve hicle GHG Emissions Calculator, which is found in the Assessment Tool, the number of passenger cars, FFV passenger cars, light-duty trucks and FFV li ght-duty trucks they inte nd 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 ve hicles entered in the calculator:

1. It quantifies the agency’s aggregate GHG emissions.
2. It calculates the agency’s EI SA GHG emissions limit.
3. It compares the agency’s aggreg ate GHG emissions to its EISA GHG
emissions limit.

10If an agency’s aggregate GHG emissions are less than its EISA GHG em issions limit, the agency complies with § 141. If an agency’s aggregate GHG emissions exceed its EISA GHG emissions limit, the agency must implement further GHG
emission reduction measures to offset the excess GHG emissions consistent with the alternative measures exception or re-evaluate its vehicle acquisition mix.

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

Figure 1 shows a screen capture of the Federal Vehicle GHG Emissions Calculator displaying a h ypothetical mix of 58 passenger cars that will be operated with either gasoline, diesel fuel or CNG; 30 FFV passe nger cars that will be operated with E85; 53 light-duty truc ks 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 th is example, the hypo thetical agency’s aggregate GHG emissions from its mo tor vehicles are 599.8 metric tons
CO 2 e/year. The agency’s EISA GHG em issions limit is 550.1 metric tons
CO 2 e/year. This agency’s aggregate GHG emissions exceed its EISA limit; therefore, consistent with the alternative measures exception, the agency must
reduce its CO 2 e emissions an additional 49.7 metric tons.

Figure 1. Federal Vehicle GHG Em issions Calculator Interface

Gas/Diesel/

CNG Alternative
Fuel Gas/Diesel/
CNG Alternative
Fuel Gas/Diesel/
CNG Alternative
Fuel Gas/Diesel/
CNG Alternative
Fuel
10

9 10 26.1
8 15 46.1

7 10 3 35.3 6.4
6 8 20 15 15 31.9 79.8 35.9 35.9
5 10 10 44.5 26.7

4 15 44.2
3 15 20 80.6 64.4

2 12 42.0

1

0

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

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

Difference: -15.3 -4.6 -24.0 -5.8 -49.7 Metric tons CO 2 e Results: CO 2 Equivalent Performance Average Annual Mileage:

10,000 6,000 Cars Trucks

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

353 215

261

307 Greenhouse Gas Score
Criteria

You Owe The Above Quantity A nnual GHG Emissions Summary GHG
Score # of Cars Cars (Metric Tons) Trucks (Metric Tons) # of Trucks

583
629
675 399
445

491 (grams/mile) Avg. CO 2 e
emissions

537

Section 141 applies when a vehicle is acqui red; therefore, EPA recommends that an agency calculate its EISA GHG emi ssions limit and aggregate GHG emissions when developing its annual acquisiti on plan. The Assessment Tool can be downloaded, maintained and updated as ve hicle 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

11as vehicles are added to the tool. EPA al so recommends that an agency calcu late
its final EISA GHG emissions limit a nd aggregate GHG emissions for a fiscal year or acquisition cycle after all vehi cle acquisition activity is completed. The period covered and timing will depend on each agency’s purchasing practices and
can be done in coordination with Fede ral Management Regulation requirements (41 C.F.R. § 102). The period covered should be discreet (i.e., a fiscal year or calendar year).

The GHG emissions from vehicles ac quired under the “f unctional 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 th eir vehicles in the Assessment Tool and exercising the alternative measure exception.

EPA will evaluate the impact of aggr egating 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 accountin g 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 stat istical area (CMSA)?

All light-duty motor vehicles and MDPVs ac quired 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, ge ographic clusters of vehicles can result. In these instances an agency head, or his or her designee(s), can decide that the GHG emissions for each geographic cluster of vehicl es can be aggregated independently if the agency elects to utilize the al ternative measures exception.

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

An electric vehicle, as defined by 10 C.F.R. § 47 4.2, is a vehicle that is powered by an electric motor drawing current from rechargeable storag e batteries or other por table 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 batt eries. Hybrid electric vehicles (HEVs) combine the internal combustion engine of a conventional vehicle with the battery and electric motor of an EV. Plug-in hybrid electric vehicles (PHEVs) can be charged by a source off the vehicle like an EV and run on engine power like a HEV. EVs are considered zero-emissions vehicles because they do not produce tailpipe CO 2 emissions. HEVs and PHEVs produce tailpipe emissions and, therefore, are not considered EVs for purposes of this guidance document. HEVs and PHEVs are
treated like conventional vehicles. Similar to co nventionally fueled vehicles, as described in

12section IV of this guidance doc ument, manufacturers must properl y certify EVs with EPA before introducing these vehicles into commerce.

Currently, a vehicle’s GHG emissions performa nce 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 th e EV’s batteries.

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

Electric Vehicles that are not manufactured pr imarily for use on public streets, roads and highways (e.g., EVs that cannot exceed a ma ximum speed of 25 m ph) 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 cert ain vehicles used to transport people and cargo on a campus or military base. NEVs t ypically achieve energy consumption values of approximately 0.23 kWh/mi. or lower.

Currently, NEVs are not included on EPA’s Gr een Vehicle Guide. EPA recognizes that NEVs are being acquired by federal agencies to replace conventionally fueled motor
vehicles to reduce GHG emissions and fuel c onsumption. Therefore, EPA believes it is appropriate to include them in this guidan ce document. When repl acing a conventionally fueled motor vehicle, EPA belie ves 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 ve hicles when using th e Federal Vehicle GHG
Emissions Calculator as desc ribed in section X(B)(i).

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

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

As stated in section V, the minimum GHG sc ore 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 passe nger car when operated w ith alternative fuel must achieve a GHG score of 6 or higher. A FFV light-duty truck when ope rated 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

13alternative fuel in order to be considered a low GHG-emitting vehicle. The fuel type used to
determ ine 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 availa ble within a 5 mile radius or 15 minu tes of the vehicle’s garaged location and demonstrate that the vehicle will be operate d 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 describe d in section X(B)(i) above, the appropriate
GHG score for each vehicle is the GHG score that corresponds to the fuel on which the vehicle will be operated. If an agency intends to request a fuel waiver for a FFV and operate the vehicle with gasoline, then the agency would incl ude it in the Federal Vehicle GHG Emissions Calculator within the GHG score that correspon ds to operating the vehicle with gasoline.

This guidance does not address instances of an agency relocating an al ternative fuel vehicle (AFV) to an area where the altern ative fuel is not readily availa ble. This circumstance is beyond the scope of EISA § 141, which applies at the ti me 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 wher e the alternative fuel is not available.

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

.

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

As explained above, EISA § 141 requires that fe deral agencies acquire low GHG-emitting lightduty motor vehicles and MDPVs. Federal agencies are also required to co mply with the EPAct92 § 303(b) AFV acquisition requirement, which require s 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 ye ar FFV qualifies as a low GHG-emitting vehicle. Even with the lower minimum GHG score requireme nt 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 stat utes. However, section
2862 of the National Defense Authorizati on Act of 2008 (NDAA 2008) (Pub. L. 110-181, Jan. 28, 2008) contains a provision wh ich integrates EISA § 141 and EPAct92 § 303(b) in a manner that enables agencies to more easily comply with both statutory requirements. Section 2862 of

14NDAA 2008 amends EPAct92 § 301(3) (42 U.S.C. § 13211(3)) by expanding the definition of an AFV to include the following vehicles:

1. A new qualified fuel cell motor vehicl e (as defined by 26 U.S.C. 30B(b)(3));
2. A new advanced lean burn technology motor vehicle (as defined by 26 U.S.C. 30B(c)(3));
3. A new qualified hybrid motor vehicle (a s defined by 26 U.S.C. 30B(d)(3)); and
4. Any other type of vehicle that the Administ rator 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 Decembe r 12, 2008 letter to DOE (Appendix B), EPA demonstrated that operati ng 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 ne wly defined AFVs that are commercially available (i.e., advanced lean burn and hybrid vehicl es), 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 EP Act2005 § 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 gui dance document, any light -duty vehicle or MDPV acquired is required to be a low GHG-emitting vehicle.

The expanded AFV definition described above provi des federal agencies fl exibility to achieve the greatest reductions of pe troleum consumption and GHG emissions. An agency can acquire any vehicle included in the e xpanded AFV definition that is a low GHG-emitting vehicle. Where
alternative fuel is avai lable or will become available, an agency can acquire any FFV or AFV that is a low GHG-emitting vehicle. Where alterna tive 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 am ount of time, an agency should consider exercising the alternat ive 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 agen cy acquired 100 of thes e vehicles under the alternative measure exception, received fuel waiv ers from DOE and operated these vehicles with gasoline, the agency would be requir ed to offset 46 metric tons of CO 2 e emissions based on

1510,000 vehicle miles traveled annually. The offsets could be achieved through any cost-effective petroleum reduction alternative measure, including acquiring an equal numb er of vehicles that
achieve a GHG score of 8.

Includ ing low GHG-emitting vehicles in the expa nded definition of an AFV does not alter the
definition of an alternative fuel as define d by EPAct92 § 301(2) (42 U.S.C. § 13211(2)) and federal agencies must continue to increase thei r overall use of alternat ive 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 th an 10,000 lbs. and is designed primarily to transport less than 12 passengers or less than 9 passengers rearward of the driver’s seat. In addition, it is not equipped with an open cargo ar ea of 72 inches in interior length or more. MDPVs are covered vehicles under EISA § 141. However, corporate average fuel economy
standards do not apply to MDPVs until model y ear 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 em issions performance of MDPVs will be similar to light-duty trucks. Based on the data EPA does have, EPA doe s not believe there ar e any MDPVs that are low GHG-emitting vehicles using the light-duty tr uck 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 th e About the Ratings Web page, scroll to the
section labeled Greenhouse Gas Score where a ta ble 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 se ction X(A) of this guidance document is appropriate or if an alternative measure as de scribed 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 vehi cles in the Federal Vehicle GHG Emissions Calculator if it elects to aggregate its GHG emissions.

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

Yes, government-owned contractor-operated vehicl es are subject to the provisions of EISA § 141. Executive Order 13149, Sec. 505 (42 U.S.C. § 13212) states that “Agencies must ensure that all Government-owned contractor-operated ve hicles comply with al l applicable goals and other requirements of [the E.O.] and that these go als and requirements are incorporated into each contractor’s management contract.” Ex ecutive Order 13423 (72 FR 17, January 26, 2007) requires that agencies “ensure that contract s entered into...for contractor operation of

16government-owned...vehicles require the contractor to comply with the provisions of [the E.O.] with respect to...vehicles to the sam e 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 perfor mance 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 appropria te. An agency is permitted to u tilize the exceptions in sections X(A) and (B), as appropriate. An agency shoul d include these vehicles in the Federal Vehicle
GHG Emissions Calculator if it elects to aggregate its GHG emi ssions as described in section X(B)(i). This requirement does not apply to contracts entered into by the U.S. House of Representatives or its Office of the Chief Administrative Officer.

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

EISA § 141 requires that in determining whic h vehicles are low GHG-emitting, EPA consider standards “applicable to and enforceable against motor vehicle manufacturers for vehicles sold anywhere in the United States.” This means th at EISA § 141 applies to the acquisition of vehicles manufactured for sale in the U.S., incl uding territories and possessions of the U.S., but shipped overseas for operation. An agency should in clude 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 ve hicles manufactured for the U.S. market will operate have a supply of the fuels needed to ensure proper performance of the vehicle’s advanced emission control equipment. Some fu els available in certain other countries will compromise the emission control equipment of vehicl es 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 y ear 2000. Therefore, agencies should use the GHG score provided in the Green Ve hicle 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), “certif y in writing, for each individual vehicle purchased” when a non-lo w GHG-emitting vehicle is acquired under the “functional needs” or “alternative measures” exceptions described in section X of this guidance document. Agencies should also ma intain 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 acq uired under each exception. The method could utilize a spreadsheet or other format and shoul d 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

1718 score. In consultation with GSA, EPA has r ecommended including information regarding the acquisition of low GHG-emitting vehicles by federa l agencies in GSA’s Federal Fleet Report.

XIX. What are the reporting requirements?

Section 141 imposes no specific reporting requireme nts on federal agencies. However, there are existing requirements that agencies report vehi cle 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 pur chases. 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 co mpliance with vehicle acquisition, petroleum consumption and alternative fuel consumption re quirements. EPA has had discussions with GSA and DOE to incorporate agency implementa tion of EISA § 141 into existing reporting
mechanisms.

If it is determined that FAST is the appropr iate mechanism, upon comp letion 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 anticip ates reviewing the information annually to evaluate implementation of EISA § 141. In partic ular, 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 re quirements, EPA requests that agencies submit electronic copies of records and other supporting documentation including, but not limited to: their Assessment Tool, r ecords indicating vehicl es acquired under each exception described in sections X(A) and (B), and records indi cating 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 Transporta tion and Air Quality, (202) 343 – 9073, swift.jason@epa.gov or Kristin Kenausis, Office of Transpor tation and Air Quality, (202) 343 – 9225, kenausis.kristin@epa.govAppendix A

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



### Subtitle C—Federal Vehicle Fleets

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

REPRESENTATIONAL ALLOWANCE .— This paragraph shall apply to the acquisition of a light duty motor vehicle or medium duty passenger vehicle using any portion of a Member’s Representational Allowance, including an acquisition under a long-term lease. ‘‘(3) G UIDANCE .— ‘‘(A) I N GENERAL .— Each year, the Administrator of the Environmental Protection Agency shall issue guidan ce identifying the makes and model numbers of vehicles that are low greenhouse gas emitting vehicles. ‘‘(B) C ONSIDERATION .— In identifying vehicles under subparagraph (A), the
Administrator shall take into account the mo st stringent standards for vehicle greenhouse gas emissions applicable to and enforcea ble against motor vehicle manufacturers for vehicles sold anywhere in the United States. ‘‘(C) R EQUIREMENT .—The Administrator shall not id entify any vehicle as a low greenhouse gas emitting vehicle if the vehicle emits greenhouse gases at a higher rate

Ithan such standards allow for the manufacturer’s fleet aver age 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.’’.

IIAppendix B

IIIIVVVIVIIVIII