Guidance for Fulfilling the Clean Fuel
Fleets Requirement of the Clean Air Act
£% United States
Environmental Protect
Agency
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Guidance for Fulfilling the Clean Fuel
Fleets Requirement of the Clean Air Act
Transportation and Climate Division
Office of Transportation and Air Quality
U.S. Environmental Protection Agency
United States
Environmental Protection
^1 Agency
EPA-420-B-22-027
June 2022
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Table of Contents
Section 1: Introduction 4
1.1 What is the purpose of this guidance? 4
1.2 Background on the Clean Fuel Fleets Requirement 5
1.3 Current EPA regulations for Clean Fuel Fleets 6
1.4 Does this guidance create new requirements? 7
1.5 Who can I contact for more information? 7
Section 2: What Options Do States Have to Comply with the Clean Fuel Fleets Requirement? 8
2.1 The state may submit a Certification SIP revision 8
2.2 The state may Submit a SIP revision that demonstrates that a Clean Fuel Fleets program in an
existing approved SIP will not result in Additional emission reductions 8
2.3 The state may submit a SIP revision that implements a new or revised Clean Fuel Fleets
program 9
2.4 The state may submit a SIP revision for a substitute measure(s) instead of the Clean Fuel Fleets
measure 9
Appendix A: Clean Air Act Section 182(c)(4) Clean Fuel Fleets Requirement 11
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Section 1: Introduction
1.1 What is the purpose of this guidance?
The Environmental Protection Agency (EPA) is providing this guidance to clarify the Clean Air
Act (CAA) requirement for Clean Fuel Fleets Programs (CFFP) and provide options for states to
consider when submitting state implementation plans (SIPs) for EPA approval The clean-fuel
vehicle program requirements apply to ozone nonattainment areas classified as Serious, Severe,
or Extreme, as discussed later in this document. This new guidance provides several options for
states to either continue to rely upon their existing CFFP, to add new components to these
programs, or to rely on recent EPA regulations to satisfy the Clean Fuel Fleets requirement.
EPA previously released guidance on the implementation of CFFPs in August 1998 entitled,
Clean Fuel Fleet Program Implementation Guidance, EPA420-R-98-0111 (1998 Guidance).
The 1998 Guidance includes detailed interpretations and recommendations, such as describing
eligible fleets and compliance exemptions, which were necessary for states and fleet operators
implementing the program in 1998.
Today's new guidance reaffirms and supplements the 1998 Guidance with new compliance
options for states with ozone nonattainment areas required to develop SIPs for the Clean Fuel
Fleets requirement. Specifically, EPA is releasing this guidance now to assist state and local air
agencies in developing Clean Fuel Fleets SIPs to satisfy requirements for Serious and above
areas for the 2008 and 2015 ozone national ambient air quality standards (NAAQS).2
Due to EPA's promulgation of revised clean fuel fleets regulations (discussed below),
developing Clean Fuel Fleets SIPs can be much simpler than described in the 1998 Guidance.
Under this new guidance, public health continues to be protected through cleaner vehicle and
engine technology in fleets across the United States. A state could choose to develop its Clean
Fuel Fleets SIP to include a new CFFP or revise a previously approved CFFP so that it achieves
more emission reductions than the program required by the CAA. Such a program could require
the purchase of zero emission or near zero emission vehicles for covered fleets. This approach
would result in fleets with lower total fleet emissions than otherwise required by the CFFP
regulations. The implementation of a CFFP may also be important where there are communities,
including those with environmental justice concerns, which are located in areas where fleet
operations are centered and where harmful motor vehicle emissions would be concentrated, such
as bus terminals and freight distribution centers.3
1 See https://nepis.epa.gov/Exe/ZvPDF.cgi/P1009ZL8.PDF?Dockev=P1009ZL8.PDF.
2 Ground level ozone is not emitted directly into the air by vehicles but is created by chemical reactions between
oxides of nitrogen (NOx) and volatile organic compounds (VOC) in the presence of sunlight.
3 Executive Order 12898 Federal Actions to Address Environmental Justice in Minority Populations and Low-
Income Populations (2/16/94) focuses federal attention on the environmental and human health effects of federal
actions on minority and low-income populations with the goal of achieving environmental protection for all
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The 1998 Guidance provides information on fleet eligibility, compliance exemptions, clean
vehicle availability, and credit calculation. If a state chooses to newly implement a CFFP, to
continue implementation of a CFFP, or to implement a CFFP that achieves emission reductions
beyond the CAA requirements, it should be familiar with the requirements and recommendations
in those documents. The latest emissions model and planning assumptions should be used if any
emission reductions are calculated for inclusion in a SIP, consistent with applicable requirements
and guidance.
1.2 Background on the Clean Fuel Fleets Requirement
The Clean Fuel Fleets requirement was adopted as part of the 1990 CAA Amendments and was
designed to improve air quality and introduce clean burning fuels into the market. The Clean
Fuel Fleets requirement is fuel neutral in that it does not require the use of a specific fuel, only
that the appropriate emissions standards are met. CAA sections 243 and 245 include numerical
emissions standards for the Clean Fuel Fleets light- and heavy-duty vehicles that were intended
to encourage innovation, encourage the purchase of cleaner fleet vehicles and reduce emissions
for fleets4 of motor vehicles in ozone nonattainment areas classified as Serious, Severe, or
Extreme as compared to conventionally fueled vehicles available at the time. CAA section 246(f)
includes provisions regarding credits for Clean Fuel Fleets under a SIP program.
CAA section 182(c)(4) requires states with ozone nonattainment areas classified as Serious or
above with 1980 populations greater than 250,000 submit a SIP revision to either "include such
measures as may be necessary to ensure the effectiveness of the applicable provisions of the
clean-fuel vehicle program prescribed under part C of subchapter II of this chapter" or to provide
"a substitute for all or a portion of the clean-fuel vehicle program prescribed under part C of
subchapter II of this chapter." These requirements continue to apply to ozone nonattainment
areas classified as Serious or above for the 2008 and 2015 ozone NAAQS, including areas that
are reclassified as Serious or above for these ozone NAAQS. According to CAA section
182(c)(4), areas that are initially classified as Serious or above for an ozone NAAQS must either
submit a SIP revision for a CFFP within 42 months after the effective date of the designation and
classification or submit a SIP revision for a substitute program within 24 months after the
effective date of the designation and classification. For areas that were classified as Marginal or
Moderate and then were reclassified as Serious or above, the due date for the SIP revision that
addresses the Clean Fuel Fleets requirement or substitute program will be established in the rule
that reclassifies the area as Serious or above. The full text of CAA section 182(c)(4) is included
in Appendix A of this guidance.
CAA sections 241(5) [Definition of a Covered Fleet] and 246(b) [Phase-in Requirements]
require that CFFPs apply to fleets of 10 or more vehicles that are capable of being centrally
communities. For more information about EPA's work related to environmental justice, see
https://www.epa.gov/environmentaliustice.
4 CAA sections 241(5) "Definition of a Covered Fleet" and 246(b) "Phase-in Requirements" require that CFFPs
apply to fleets of 10 or more vehicles that are capable of being centrally fueled.
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fueled. This requirement is for the fleet owner to purchase a certain percentage of clean-fueled
vehicles each year based on the total number of new vehicles that are purchased in that year.
As mentioned above, CAA sections 243 and 245 include emissions standards for light-duty and
heavy-duty clean-fuel vehicles while section 246(f) includes provisions regarding credits under a
SIP program. As originally adopted in the 1990 CAA Amendments, the Clean Fuel Fleets
emissions standards were substantially more stringent than the regulatory emissions standards
that applied to vehicles and engines generally at that time. Since EPA began implementing the
light-duty Tier 3 emissions standards (40 CFR part 86, subpart S) and the heavy-duty emissions
standards (40 CFR part 1036), the 1990 CAA Amendments' clean-fuel vehicle emissions
standards are either less stringent than or equivalent to the standards that apply to vehicles and
engines today. Motor vehicles and engines certified by the California Air Resources Board
(CARB) under its Low Emission Vehicle Program (LEV III) are also certified under 40 CFR part
86, subpart S or 40 CFR part 1036 and are qualifying vehicles under the CFFP. However,
because the Clean Fuel Fleets requirement continues to apply under the CAA in certain ozone
nonattainment areas, states with Serious or above ozone nonattainment areas must continue to
address the requirement in their SIPs.
1.3 Current EPA regulations for Clean Fuel Fleets
On June 29, 2021, EPA revised the Clean Fuel Fleets requirements in 40 CFR part 88 (86 FR
34308).5 The revised Clean Fuel Fleets regulations are discussed in Section III. B. 1 of the final
rule.
As EPA discussed in that final rule, with the implementation of EPA's Tier 3 light-duty vehicle
standards and the continued implementation of the current heavy-duty vehicle standards, the
CAA's Clean Fuel Fleets emission standards are either less stringent than or equivalent to the
standards that apply to light- and heavy-duty vehicles and engines generally. Recognizing this
distinction, EPA revised the Clean Fuel Fleets regulations in 40 CFR part 88 to include a
compliance option where vehicles and engines certified to current standards under 40 CFR part
86 and part 1036 would be deemed to comply with the Clean Fuel Fleets standards as Ultra Low-
Emission Vehicles. This approach enables states to address the Clean Fuel Fleets requirement by
describing in a SIP that any new light- or heavy-duty vehicle purchased today (i.e., meets EPA's
standards or CARB's current LEV III standards) is certified to an emission standard that is more
stringent than the CAA's clean-fuel vehicle emissions standards. Therefore, a specific program
requiring the purchase of clean-fuel vehicles is no longer necessary in Clean Fuel Fleets SIP
submissions, although states continue to have the option of either implementing an existing or
developing a new state or local CFFP. See Section 2 of this guidance for further information on
the options for developing SIPs to meet the statutory Clean Fuel Fleets requirement.
5 More information on the final rule is available at: https://www.epa.gov/regulations-emissions-vehicles-and-
engines/improvements-heaw-dutv-engine-and-vehicle-test-O.
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1.4 Does this guidance create new requirements ?
This guidance does not create any new requirements and the discussion in this document is
intended solely as guidance. The statutory provisions and EPA regulations described in this
document contain legally binding requirements. This document is not a regulation itself, nor
does it change or substitute for those provisions and regulations. Thus, it does not impose legally
binding requirements on EPA, states, or the regulated community. EPA retains the discretion to
adopt approaches on a case-by-case basis that may differ from this guidance, but still comply
with the statute and regulations. Any decisions regarding a particular SIP will be made based on
the statute and regulations. This guidance may be revised periodically without an opportunity
for public comment.
1.5 WHO CAN I CONTACT FOR MORE INFORMATION?
For specific Clean Fuel Fleets questions concerning a particular ozone nonattainment area, states
should contact their EPA Regional Office. You can find a list of EPA Regional Office contacts
at https://www.epa.gov/transportation-air-pollution-and-climate-change/office-transportation-and-air-
quality-contacts in Section 16.2, last page.
Additional information regarding state and local transportation air quality planning resources can
be found on EPA's website at: https://www.epa.gov/state-and-local-transportation.
Technical questions about this guidance may be directed to Mark Coryell,
coryell.mark@epa.gov.
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Section 2: What Options Do States Have to Comply with the Clean
Fuel Fleets Requirement?
This section of the guidance describes four options for developing a Clean Fuel Fleets SIP for
states with an ozone nonattainment area classified or reclassified as Serious or above for a given
ozone NAAQS. Each state should decide what works best for meeting the CAA requirement
depending on conditions unique to each situation, such as when a state is currently implementing
a CFFP under a SIP for a previous ozone NAAQS. EPA recommends states discuss their plans
with their EPA Regional Office as it develops a Clean Fuel Fleets SIP revision.
A SIP revision that addresses the Clean Fuel Fleets requirement must be developed in
accordance with applicable CAA SIP requirements, which includes an opportunity for the public
to provide comments on a state's proposed SIP. This requirement for a public process applies
regardless of what type of SIP is being developed, i.e., whether it is a new CFFP or a
certification that an existing CFFP or substitute measure continues to be implemented.6
2.1 The state may submit a Certification SIP revision.
This is an option for a state that currently has an approved CFFP or substitute measure(s) that it
is continuing to implement, and the state does not plan to make any changes to the program or
substitute measure(s).
The state may choose to submit a SIP revision that certifies that a previously approved CFFP or
substitute measure(s) continues to be implemented and satisfies the Clean Fuel Fleets
requirement for the relevant ozone NAAQS. Certification SIPs are discussed in the preamble to
the SIP requirements rule for the 2015 ozone NAAQS ("Implementation of the 2015 National
Ambient Air Quality Standards for Ozone: Nonattainment Area State Implementation Plan
Requirements''). See 83 FR 63001-2, December 6, 2018, for more information on certification
SIPs.
2.2 The state may Submit a SIP revision that demonstrates that a
Clean Fuel Fleets program in an existing approved SIP will not
result in Additional emission reductions.
This is an option for a state that has decided not to continue to implement a previously approved
SIP's CFFP or substitute measure(s), whether the program or substitute measure(s) was
implemented previously or not.
As discussed above, EPA's current Clean Fuel Fleets regulations in 40 CFR part 88 provide a
compliance option where vehicles and engines certified to current standards under 40 CFR part
86 and part 1036 are deemed to also meet the Clean Fuel Fleets standards as ultra low-emission
6 In addition, when a state makes a revision to any SIP, CAA section 110(1) applies.
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vehicles.7 Therefore, a state could submit a SIP revision explaining that, based on EPA's June
29, 2021, final rule, the purchase of any new light- or heavy-duty vehicle by a fleet owner would
provide emission reductions equivalent to or greater than a new vehicle that would have been
certified to the CAA's ultra-low clean-fuel vehicle emission standards. Such a SIP revision, if
approved, would satisfy the CAA requirement for a CFFP.
2.3 The state may submit a SIP revision that implements a new or
revised Clean Fuel Fleets program.
This is an option for a state interested in implementing a new SIP or continuing to implement the
approach in a previously approved SIP with a Clean Fuel Fleets program and in exceeding the
emission reduction potential of the program envisioned in the CAA.
As discussed above, all new light- and heavy-duty vehicles are certified to EPA's current
emission standards that are at least as stringent as the clean-fuel vehicle standards for light- and
heavy-duty vehicles in CAA sections 243 and 245. Therefore, any vehicle purchased today by a
fleet owner would satisfy the CAA's clean-fuel vehicle requirements. However, a state could
choose to develop its Clean Fuel Fleets SIP to include a new CFFP or revise a previously
approved program so that it achieves more emission reductions than the CFFP required by the
CAA. Such a program could require the purchase of zero emission or near zero emission
vehicles that would meet or be even lower in emissions than today's current vehicle fleets. The
implementation of a Clean Fuel Fleets program may also be important to address state or local
air quality goals beyond CAA requirements, such as increasing the number of cleaner vehicles in
communities located in areas with heavy fleet operations (e.g., bus terminals and freight
distribution centers), including nearby communities with environmental justice concerns.
2.4 The state may submit a SIP revision for a substitute measure(s)
INSTEAD OF THE CLEAN FUEL FLEETS MEASURE.
This is an option for a state that has decided not to implement a CFFP, has no CFFP that EPA
has approved into the SIP, and would prefer to implement a substitute measure(s) to provide
some emissions reductions rather than submitting a SIP demonstration that a Clean Fuels Fleets
program would not provide additional emissions reductions (i.e., the second option described in
Section 2.2 of this guidance).
According to CAA section 182(c)(4), the substitute measure(s) must achieve long-term
reductions in ozone precursor emissions equal to those achieved through the CFFP. A state
could submit a SIP revision implementing a substitute measure(s) that achieves emissions
reductions that are equal or greater than those achieved by implementing a CFFP, keeping in
mind that any new light- or heavy-duty vehicle purchased by a fleet owner today is deemed to
7 See 40 CFR 88.1.(b)(1).
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also meet the CAA emissions standards for ultra-low emission Clean Fuel Fleets vehicles. As
long as the substitute measure(s) provided even a small amount of long-term emissions
reductions, it would satisfy the CAA requirements for a substitute measure. As suggested above
in Section 2.3, a substitute measure could require the purchase of zero emission or near zero
emission vehicles for covered fleets. This approach would result in lower total fleet emissions
than required by the CFFP regulations.
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Appendix A: Clean Air Act Section 182(c)(4) Clean Fuel Fleets
Requirement
(4) Clean-fuel vehicle programs
(A) Except to the extent that substitute provisions have been approved by the Administrator
under subparagraph (B), the State shall submit to the Administrator, within 42 months of
November 15, 1990, a revision to the applicable implementation plan for each area described
under part C of subchapter II of this chapter to include such measures as may be necessary to
ensure the effectiveness of the applicable provisions of the clean-fuel vehicle program
prescribed under part C of subchapter II of this chapter, including all measures necessary to
make the use of clean alternative fuels in clean-fuel vehicles (as defined in part C of
subchapter II of this chapter) economic from the standpoint of vehicle owners. Such a revision
shall also be submitted for each area that opts into the clean fuel-vehicle program as provided
in part C of subchapter II of this chapter.
(B) The Administrator shall approve, as a substitute for all or a portion of the clean-fuel
vehicle program prescribed under part C of subchapter II of this chapter, any revision to the
relevant applicable implementation plan that in the Administrator's judgment will achieve
long-term reductions in ozone-producing and toxic air emissions equal to those achieved under
part C of subchapter II of this chapter, or the percentage thereof attributable to the portion of
the clean-fuel vehicle program for which the revision is to substitute. The Administrator may
approve such revision only if it consists exclusively of provisions other than those required
under this chapter for the area. Any State seeking approval of such revision must submit the
revision to the Administrator within 24 months of November 15, 1990. The Administrator
shall approve or disapprove any such revision within 30 months of November 15, 1990. The
Administrator shall publish the revision submitted by a State in the Federal Register upon
receipt. Such notice shall constitute a notice of proposed rulemaking on whether or not to
approve such revision and shall be deemed to comply with the requirements concerning
notices of proposed rulemaking contained in sections 553 through 557 of title 5 (related to
notice and comment). Where the Administrator approves such revision for any area, the State
need not submit the revision required by subparagraph (A) for the area with respect to the
portions of the Federal clean-fuel vehicle program for which the Administrator has approved
the revision as a substitute.
(C) If the Administrator determines, under section 7509 of this title, that the State has failed
to submit any portion of the program required under subparagraph (A), then, in addition to any
sanctions available under section 7509 of this title, the State may not receive credit, in any
demonstration of attainment or reasonable further progress for the area, for any emission
reductions from implementation of the corresponding aspects of the Federal clean-fuel vehicle
requirements established in part C of subchapter II of this chapter.
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