(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.

(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.