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EXA-13-0001 - In the Matter of Washington State Fleet Operations

On February 27, 2014, the Director of the Office of Hearings and Appeals issued a decision in which he denied ’s Washington State Fleet Operations (Washington) Appeal of a determination issued on September 25, 2013, Alternative Fuel Transportation Program (AFTP) of the Department of Energy (DOE), under the provisions of 10 C.F.R. Part 490.  In its determination, the AFTP denied a request filed by Washington for 20 exemptions from the State Agency’s Model Year (MY) 2012 alternative fuel vehicle (AFV) purchase requirements under the AFTP.  Washington’s appeal was based upon its claims that: (1) it lacks available alternative fuel, and (2) that it purchases “high mileage hybrid vehicles instead [of AFVs] to reduce our fuel consumption and greenhouse gas emissions.”  After carefully considering the Appeal filed by Washington, OHA’s Director found it to be without merit, since the AFTP had shown that alternative fuels were in fact available for 20 of its fleet vehicles and that exemption relief was not available for Washington’s purchases of high mileage hybrid vehicles because that requested relief was not among the specific three grounds of exemption relief set forth in the regulations.