10 CFR §490.303

1. (a)Except as provided by paragraph (b) of this section, a covered person must comply with the requirements of this subpart if that person is—
   1. (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. (2)A covered person whose principal business is generating, transmitting, importing, or selling, at wholesale or retail, electricity; or
   3. (3)A covered person—
      1. (i)Who produces, imports, or produces and imports in combination, an average of 50,000 barrels per day or more of petroleum; and
      2. (ii)A substantial portion of whose business is producing alternative fuels.
2. (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. (1)transforming alternative fuels into a product that is not an alternative fuel; or
   2. (2)consuming alternative fuels as a feedstock or fuel in the manufacture of a product that is not an alternative fuel.