Decision Tree for Alternative Fuel Provider Fleets (Text Version)

Use this text version of the decision tree for alternative fuel provider fleets to determine whether your fleet is covered by the Energy Policy Act of 1992 (EPAct).

Question 1

Is your principal business generating, transmitting, importing, or selling electricity at wholesale or retail?

If yes, go to question 4. If no, go to question 2.

Question 2

Are alternative fuels your principal business [i.e., single largest portion of gross annual revenue is derived from alternative fuels (including producing, storing, refining, processing, transporting, distributing, importing, or selling at wholesale or retail)]?

If yes, go to question 4. If no, go to question 3.

Question 3

Does your business produce and/or import an average amount per day greater than or equal to 50,000 barrels of petroleum?

If yes, go to question 5. If no, go to conclusion 1.

Question 4

Does your principal business involve transforming alternative fuels into a non-alternative fuel product?

If yes, go to conclusion 2. If no, go to question 6.

Question 5

Is 30% or more of your gross annual revenue derived from the producing and selling of alternative fuels?

If yes, go to question 4. If no, go to conclusion 2.

Question 6

Does your principal business involve consuming alternative fuels as a feedstock or fuel in the manufacture of a non-alternative fuel product?

If yes, go to conclusion 1. If no, go to question 7.

Question 7

Does your entity's fleet own, operate, lease, or otherwise control at least 50 light-duty vehicles (LDVs) within the United States?

If yes, go to question 8. If no, go to conclusion 2.

Question 8

When you subtract excluded vehicles, does your entity's fleet still total 50 or more LDVs?

If yes, go to question 9. If no, go to conclusion 2.

Question 9

Of those 50 or more non-excluded LDVs, are at least 20 of them used primarily within a Metropolitan Statistical Area/Consolidated Metropolitan Statistical Area (MSA/CMSA)?

If yes, go to question 10. If no, go to conclusion 2.

Question 10

Are those 20 or more LDVs also centrally fueled or capable of being centrally fueled?

If yes, go to conclusion 3. If no, go to conclusion 2.

Conclusion 1

Your fleet is excluded and thus not covered. If your fleet is not covered, your fleet must notify the U.S. Department of Energy (DOE) if circumstances change such that your fleet becomes covered.

Conclusion 2

Your fleet is not covered. Your fleet must notify the U.S. Department of Energy (DOE) if circumstances change such that your fleet becomes covered.

Conclusion 3

Your fleet is covered by the EPAct alternative fuel vehicle–acquisition mandate.

More Information

If still uncertain about whether your fleet is covered, contact the Program's Regulatory Hotline at 202-586-9171, email regulatory.info@nrel.gov, or submit information concerning your situation to:

Regulatory Manager
Alternative Fuel Transportation Program
Vehicle Technologies Office (EE-3V)
U.S. Department of Energy
1000 Independence Avenue, S.W.
Washington, DC 20585

The number of non-excluded LDVs in your fleet and the number of LDVs used primarily in MSAs/CMSAs is information your fleet should provide. DOE will provide a definitive answer.