---
kind: "section"
citation: "10 C.F.R. § 490.303"
title: "10"
number: "490.303"
heading: "Who must comply."
url: "https://uscodex.org/cfr/10/490.303"
---

# §490.303. Who must comply.

- (a) Except as provided by [paragraph (b)](#b) of this section, a covered person must comply with the requirements of this subpart if that person is—
  - (1) A covered person whose principal business is producing, storing, refining, processing, transporting, distributing, importing or selling at wholesale or retail any alternative fuel other than electricity; or
  - (2) A covered person whose principal business is generating, transmitting, importing, or selling, at wholesale or retail, electricity; or
  - (3) **A covered person—**
    - (i) Who produces, imports, or produces and imports in combination, an average of 50,000 barrels per day or more of petroleum; and
    - (ii) **A substantial portion of whose business is producing alternative fuels.**
- (b) This subpart does not apply to a covered person or affiliate, division, or other business unit of such person whose principal business is—
  - (1) transforming alternative fuels into a product that is not an alternative fuel; or
  - (2) consuming alternative fuels as a feedstock or fuel in the manufacture of a product that is not an alternative fuel.

## Notes

### Authority

Authority: 42 U.S.C. 7191 et seq.; 42 U.S.C. 13201, 13211, 13220, 13251 et seq; 28 U.S.C. 2461 note.

### Source

Source: 61 FR 10653, Mar. 14, 1996, unless otherwise noted.