---
kind: "section"
citation: "42 U.S.C. § 13254"
title: "42"
title_heading: "The Public Health and Welfare"
number: "13254"
heading: "Modification of goals; additional rulemaking authority"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/13254"
units:
  - "Chapter 134 — Energy Policy"
  - "Subchapter III — Availability and Use of Replacement Fuels, Alternative Fuels, and Alternative Fueled Private Vehicles"
---

# §13254. Modification of goals; additional rulemaking authority

- (a) **Examination of goals—** Within 3 years after October 24, 1992, and periodically thereafter, the [Secretary](/usc/42/242q–4.md?p=2) shall examine the goals established under [section 13252(b)(2) of this title](/usc/42/13252.md?p=b-2), in the context of the program goals stated under [section 13252(a) of this title](/usc/42/13252.md?p=a), to determine if the goals under [section 13252(b)(2) of this title](/usc/42/13252.md?p=b-2), including the applicable percentage requirements and dates, should be modified under this section. The [Secretary](/usc/42/242q–4.md?p=2) shall publish in the Federal Register the results of each examination under this subsection and provide an opportunity for public comment.
- (b) **Modification of goals—** If, after analysis of information obtained in connection with carrying out [subsection (a)](#a) or [section 13252 of this title](/usc/42/13252.md), or other information, and taking into account the determination of technical and economic feasibility made under [section 13252(b)(2) of this title](/usc/42/13252.md?p=b-2), the [Secretary](/usc/42/242q–4.md?p=2) determines that goals described in [section 13252(b)(2) of this title](/usc/42/13252.md?p=b-2), including the percentage requirements or dates, are not achievable, the [Secretary](/usc/42/242q–4.md?p=2), in consultation with appropriate Federal [agencies](/usc/42/8262.md?p=1), shall, by rule, establish goals that are achievable, for purposes of this subchapter. The modification of goals under this section may include changing the target dates specified in [section 13252(b)(2) of this title](/usc/42/13252.md?p=b-2).
- (c) **Additional rulemaking authority—** If the [Secretary](/usc/42/242q–4.md?p=2) determines that the achievement of goals described in [section 13252(b)(2) of this title](/usc/42/13252.md?p=b-2) would result in a significant and correctable failure to meet the program goals described in [section 13252(a) of this title](/usc/42/13252.md?p=a), the [Secretary](/usc/42/242q–4.md?p=2) shall issue such additional regulations as are necessary to remedy such failure. The [Secretary](/usc/42/242q–4.md?p=2) shall have no authority under this Act to mandate the production of [alternative fueled vehicles](/usc/42/13211.md?p=3-A) or to specify, as applicable, the models, lines, or types of, or marketing or pricing [practices](/usc/42/17061.md?p=19), policies, or strategies for, vehicles subject to this Act. Nothing in this Act shall be construed to give the [Secretary](/usc/42/242q–4.md?p=2) authority to mandate marketing or pricing [practices](/usc/42/17061.md?p=19), policies, or strategies for [alternative fuels](/usc/42/13211.md?p=2) or to mandate the production or delivery of such fuels.

## Source credit

(Pub. L. 102–486, title V, § 504, Oct. 24, 1992, 106 Stat. 2890.)

## Notes

### Editorial Notes

### References in Text

This Act, referred to in subsec. (c), is Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2776, known as the Energy Policy Act of 1992. For complete classification of this Act to the Code, see Short Title note set out under section 13201 of this title and Tables.