---
kind: "section"
citation: "10 C.F.R. § 490.803"
title: "10"
number: "490.803"
heading: "Waiver requirements."
url: "https://uscodex.org/cfr/10/490.803"
---

# §490.803. Waiver requirements.


DOE grants a State or covered person a waiver:

- (a) If DOE determines that the State or covered person will achieve a reduction in petroleum consumption, through eligible reductions as specified in [§ 490.804](/cfr/10/490.804.md) of this subpart, equal to the amount of alternative fuel used if the following vehicles were operated 100 percent of the time on alternative fuel during the model year for which a waiver is requested:
  - (1) Previously required alternative fueled vehicles in the fleet's inventory at the start of the model year for which a waiver is requested;
  - (2) Alternative fueled vehicles that the State or covered person would have been required to acquire in the model year for which a waiver is requested, and in previous model years in which a waiver was granted, absent any waivers;
- (b) The State or covered person is in compliance with all applicable vehicle emission standards established by the Administrator of the Environmental Protection Agency under the Clean Air Act ([42 U.S.C. 7401](/usc/42/7401.md) et seq.); and
- (c) **The State or covered person is in compliance with all applicable requirements of this subpart.**

## Notes

### Source

Source: 72 FR 12964, Mar. 20, 2007, unless otherwise noted.

### 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.