Alternative Fuel Provider Fleets Covered by the Energy Policy Act

Alternative fuel provider fleets are covered by and must meet the requirements of the Energy Policy Act (EPAct) if all of the following conditions are met:

Is Your Fleet Covered?

Use the decision tree to determine whether your alternative fuel provider fleet is covered by EPAct.

  • The alternative fuel provider owns, operates, leases, or otherwise controls 50 or more light-duty vehicles within the United States that are not excluded vehicles
  • Those same 20 vehicles are centrally fueled or "capable of being centrally fueled." Vehicles are considered capable of being centrally fueled if they are capable of being fueled at least 75% of the time at a location that is owned, operated, or controlled by any fleet or under contract with that fleet for fueling purposes.

Under EPAct 1992, as amended, and 10 CFR Part 490 (available on the U.S. Government Printing Office website), an alternative fuel provider is any entity whose principal business involves any one of the following activities:

  • Producing
  • Storing
  • Refining
  • Processing
  • Transporting
  • Distributing
  • Importing, or 
  • Selling, at wholesale or retail, any alternative fuel (other than electricity).

Or:

  • Generating
  • Transmitting
  • Importing, or 
  • Selling, at wholesale or retail, electricity.

Or it:

  • Produces, 
  • Imports, or 
  • Produces and imports in combination an average of 50,000 barrels per day or more of petroleum, and 30% or more of its gross annual revenues are derived from producing alternative fuels.

Under EPAct, an alternative fuel provider is not covered if its principal business involves:

  • Transforming alternative fuels into products that are not alternative fuels
  • Using alternative fuel as a feedstock, or fuel, in the manufacturing of products that are not alternative fuels.