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(2) 0.5 divided by the fuel economy as measured under subsection (c) of this section while operating such model type on gaseous fuel.

(e) FUEL ECONOMY CALCULATION.—The EPA Administrator shall calculate, subject to the provisions of this section, the manufacturer's average fuel economy under section 503(a) (1) and (2) by including as the denominator of the term for each model type of dedicated automobile or dual fueled automobile, the fuel economy measured pursuant to subsections (a) through (d) of this section. (f) APPLICABILITY.

(1) Except as otherwise provided in this subsection, subsections (b) and (d) shall apply only to automobiles manufactured in model year 1993 through model year 2004. Subsections (a) and (c) shall apply only to automobiles manufactured after model year 1992.

(2)(A) Not later than September 30, 2000, the Secretary, in consultation with the Secretary of Energy and the EPA Administrator, shall complete and submit to the Committees on Commerce, Science, and Transportation and Governmental Affairs of the Senate, and the Committee on Energy and Commerce of the House of Representatives, a report containing the results of a study of the success of the policy contained in subsections (b) and (d), along with preliminary conclusions as to whether the application of such subsections should be extended for up to four additional model years. Such study and conclusions shall be prepared taking into consideration

(i) the availability to the public of alternative fueled automobiles and alternative fuels;

(ü) energy conservation and security;
(ii) environmental considerations; and

(iv) other relevant factors.
(B) The Secretary shall-

(i) promulgate a rule to extend the applicability of subsections (b) and (d) for 4 or fewer consecutive model years immediately after model year 2004; or

(ii) publish a notice explaining the reasons for not promulgating such rule. Such rule or notice shall be promul

gated before January 1, 2002. Any such promulgated rule shall explain the basis on which any such extension has been granted. (g) MAXIMUM INCREASE.

(1)(A) For each of the model years 1993 through 2004, for each category of automobiles, other than electric automobiles, the maximum increase in average fuel economy for a manufacturer attributable to dual fueled automobiles shall be 1.2 miles per gallon.

(B) If the application of subsections (b) and (d) is extended under subsection (f)(2), for each category of automobiles, other than electric automobiles, the maximum increase in average fuel economy for a manufacturer for each of the model years 2005 through 2008 attributable to dual fueled automobiles shall be 0.9 miles per gallon.

(C) For purposes of applying subparagraph (A) or (B), the EPA Administrator shall compute the increase in a manufacturer's average fuel economy attributable to dual fueled automobiles by subtracting from the manufacturer's average fuel economy calculated under subsection (e) the number equal to what the manufacturer's average fuel economy would be if it were calculated by the formula in section 503(a) (1) and (2) by including as the denominator for each model type of dual fueled automobile the fuel economy when such automobiles are operated on gasoline or diesel fuel. If the increase attributable to dual fueled automobiles for any model year described in subparagraph (A) is more than 1.2 miles per gallon, the limitation in subparagraph (A) shall apply, and if the increase attributable to such automobiles for any model year described in subparagraph (B) is more than 0.9 miles per gallon, the limitation in subparagraph (B) shall apply.

(2)(A) Notwithstanding any other provision of this section, if the Secretary reduces the average fuel economy standard applicable to passenger automobiles for any model year below 27.5 miles per gallon, any increase in average fuel economy for passenger automobiles of more than 0.7 miles per gallon to which a manufacturer of dual fueled passenger automobiles would otherwise be entitled in that year under this section shall be reduced by an amount equal to the amount of such reduction in the standard, except that such increase shall not be reduced to less than 0.7 miles per gallon.

(B) In carrying out section 502 (a)(4) and (f), the Secretary shall not consider the fuel economy of dedicated automobiles, and the Secretary shall consider dual fueled automobiles to be operated exclusively on gasoline or diesel fuel. (h) DEFINITIONS.—(1) For purposes of this title

(A) the term "alternative fuel" means methanol, denatured ethanol, and other alcohols; mixtures containing 85 percent or more (or such other percentage, but not less than 70 percent, as determined by the Secretary, by rule, to provide for requirements relating to cold start, safety, or vehicle functions) by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquefied petroleum gas; hydrogen; coal derived liquid fuels; fuels (other than alcohol) derived from biological materials; electricity (including electricity from solar energy); and any other fuel the Secretary determines, by rule, is substantially not petroleum and would yield substantial energy security benefits and substantial environmental benefits;

(B) the term “alternative fueled automobile" means an automobile that,

(i) is a dedicated automobile; or

(ii) is a dual fueled automobile: (C) the term "dedicated automobile” means an automobile that operates solely on alternative fuels; and

(D) the term “dual fueled automobile" automobile

(i) which is capable of operating on alternative fuel and on gasoline or diesel fuel;

(ii) which provides equal or superior energy efficiency, as calculated for the applicable model year

during fuel

means

an

economy testing for the Federal Government, while operating on alternative fuel as it does while operating on gasoline or diesel fuel;

(iii) in the case of an automobile capable of operating on a mixture of an alternative fuel and gasoline or diesel fuel, which, for model years 1993 through 1995, and, if the Administrator of the Environmental Protection Agency determines that an extension of this clause is warranted, for an additional period ending not later than the end of the last model year for which section 513 (b) and (d) applies, provides equal or superior energy efficiency, as calculated for the applicable model year during fuel economy testing for the Federal Government, while operating on a mixture of alternative fuel and gasoline or diesel fuel containing exactly 50 percent gasoline or diesel fuel as it does while operating on gasoline or diesel fuel; and

(iv) which, in the case of passenger automobiles, meets or exceeds the minimum driving range established pursu

ant to paragraph (2). (2)(A) For purposes of the definitions in paragraph (1)(D), the Secretary shall, within 18 months after the date of enactment of this section, establish by rule of general applicability for all manufacturers a minimum driving range which must be met by dual fueled automobiles when operating on alternative fuels, if such automobiles are to be considered dual fueled automobiles under this section. Subject to the provisions of this paragraph, the rule may be amended from time to time. Any determination of whether dual fueled automobiles meet the minimum driving range requirement under this paragraph shall be based on the combined EPA city/highway fuel economy as determined for average fuel economy purposes for such automobiles. The rule issued under this subparagraph shall apply only to dual fueled automobiles that are pas& senger automobiles.

(B)(i) The general rule established under subparagraph (A) shall allow the Secretary to determine that a specific model type or types may have a lower range than that established by the general rule, and shall allow a manufacturer to petition for a specific model type or types to have a lower range than that established by the general rule.

(ii)

If, with respect to dual fueled automobiles other than electric automobiles, the Secretary establishes under subparagraph (A) 200 miles as the generally applicable minimum driving range under this paragraph, clause (i) shall not apply to dual fueled automobiles other than electric automobiles.

(C) Under no circumstances shall the general rule established under subparagraph (A) establish a minimum driving range of less than 200 miles for dual fueled automobiles other than electric automobiles, nor shall the Secretary approve under the procedure referred to in subparagraph (B) a minimum driving range of less than 200 miles for dual fueled automobiles other than electric automobiles.

(D) In establishing the general rule under subparagraph (A), and in taking any action under the procedure referred to in subparagraph (B), the Secretary shall take into account the purposes of the Alternative Motor Fuels Act of 1988, consumer acceptability, economic practicability, technology, environmental impact, safety, driveability, performance, and any other factors the Secretary considers relevant.

EMERGENCY ENERGY CONSERVATION ACT OF 1979

67-319 - 93 - 8

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