---
kind: "section"
citation: "40 C.F.R. § 88.1"
title: "40"
number: "88.1"
heading: "General applicability."
url: "https://uscodex.org/cfr/40/88.1"
---

# §88.1. General applicability.

- (a) The Clean Air Act includes provisions intended to promote the development and sale of clean-fuel vehicles (see [42 U.S.C. 7581-7589](/usc/42/7581-7589.md)). This takes the form of credit incentives for State Implementation Plans. The specified clean-fuel vehicle standards to qualify for these credits are now uniformly less stringent than the emission standards that apply for new vehicles and new engines under 40 CFR parts [86](/cfr/40/part86.md) and [1036](/cfr/40/part1036.md).
- (b) The following provisions apply for purposes of State Implementation Plans that continue to reference the Clean Fuel Fleet Program:
  - (1) Vehicles and engines certified to current emission standards under 40 CFR part [86](/cfr/40/part86.md) or [1036](/cfr/40/part1036.md) are deemed to also meet the Clean Fuel Fleet standards as Ultra Low-Emission Vehicles.
  - (2) Vehicles and engines meeting requirements as specified in paragraph (a)(1) of this section with a fuel system designed to not vent fuel vapors to the atmosphere are also deemed to meet the Clean Fuel Fleet standards as Inherently Low-Emission Vehicles. This [paragraph (b)(2)](#b-2) applies for vehicles using diesel fuel, liquefied petroleum gas, or compressed natural gas. It does not apply for vehicles using gasoline, ethanol, methanol, or liquefied natural gas.
  - (3) **The following types of vehicles qualify as Zero Emission Vehicles—**
    - (i) Electric vehicles (see [40 CFR 86.1803-01](/cfr/40/86.1803-01.md)).
    - (ii) Any other vehicle with a fuel that contains no carbon or nitrogen compounds, that has no evaporative emissions, and that burns without forming oxides of nitrogen, carbon monoxide, formaldehyde, particulate matter, or hydrocarbon compounds. This [paragraph (b)(3)(i)](#b-3-i) applies equally for all engines installed on the vehicle.

## Notes

### Authority

Authority: 42 U.S.C. 7410, 7418, 7581, 7582, 7583, 7584, 7586, 7588, 7589, 7601(a).

### Source

Source: 86 FR 34372, June 29, 2021, unless otherwise noted.