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42 U.S.C. § 7589 — California pilot test program

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7589 — California pilot test program

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Source file: Laws/federal/codes/united-states-code/title-42/section-7589-california-pilot-test-program--ba0833e244.md
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Source location: Title 42, Chapter 85, § 7589; chapter-085-air-pollution-prevention-and-control.md

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**(a) Establishment** The Administrator shall establish a pilot program in the State of California to demonstrate the effectiveness of clean-fuel vehicles in controlling air pollution in ozone nonattainment areas. **(b) Applicability** The provisions of this section shall only apply to light-duty trucks and light-duty vehicles, and such provisions shall apply only in the State of California, except as provided in subsection (f). **(c) Program requirements** Not later than 24 months after November 15, 1990, the Administrator shall promulgate regulations establishing requirements under this section applicable in the State of California. The regulations shall provide the following: (1) **Clean-fuel vehicles** — Clean-fuel vehicles shall be produced, sold, and distributed (in accordance with normal business practices and applicable franchise agreements) to ultimate purchasers in California (including owners of covered fleets referred to in [section 7586 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7586&num=0&edition=prelim)) in numbers that meet or exceed the following schedule: Model YearsNumber of Clean-FuelVehicles 1996, 1997, 1998150,000 vehicles 1999 and thereafter300,000 vehicles (2) **Clean alternative fuels** (A) Within 2 years after November 15, 1990, the State of California shall submit a revision of the applicable implementation plan under part D of subchapter I and [section 7410 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410&num=0&edition=prelim) containing a clean fuel plan that requires that clean alternative fuels on which the clean-fuel vehicles required under this paragraph can operate shall be produced and distributed by fuel suppliers and made available in California. At a minimum, sufficient clean alternative fuels shall be produced, distributed and made available to assure that all clean-fuel vehicles required under this section can operate, to the maximum extent practicable, exclusively on such fuels in California. The State shall require that clean alternative fuels be made available and offered for sale at an adequate number of locations with sufficient geographic distribution to ensure convenient refueling with clean alternative fuels, considering the number of, and type of, such vehicles sold and the geographic distribution of such vehicles within the State. The State shall determine the clean alternative fuels to be produced, distributed, and made available based on motor vehicle manufacturers’ projections of future sales of such vehicles and consultations with the affected local governments and fuel suppliers. (B) The State may by regulation grant persons subject to the requirements prescribed under this paragraph an appropriate amount of credits for exceeding such requirements, and any person granted credits may transfer some or all of the credits for use by one or more persons in demonstrating compliance with such requirements. The State may make the credits available for use after consideration of enforceability, environmental, and economic factors and upon such terms and conditions as the State finds appropriate. (C) The State may also by regulation establish specifications for any clean alternative fuel produced and made available under this paragraph as the State finds necessary to reduce or eliminate an unreasonable risk to public health, welfare, or safety associated with its use or to ensure acceptable vehicle maintenance and performance characteristics. (D) If a retail gasoline dispensing facility would have to remove or replace one or more motor vehicle fuel underground storage tanks and accompanying piping in order to comply with the provisions of this section, and it had removed and replaced such tank or tanks and accompanying piping in order to comply with subtitle I of the Solid Waste Disposal Act [[42 U.S.C. 6991](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6991&num=0&edition=prelim) et seq.] prior to November 15, 1990, it shall not be required to comply with this subsection until a period of 7 years has passed from the date of the removal and replacement of such tank or tanks. (E) Nothing in this section authorizes any State other than California to adopt provisions regarding clean alternative fuels. (F) If the State of California fails to adopt a clean fuel program that meets the requirements of this paragraph, the Administrator shall, within 4 years after November 15, 1990, establish a clean fuel program for the State of California under this paragraph and [section 7410(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410/c&num=0&edition=prelim) that meets the requirements of this paragraph. **(d) Credits for motor vehicle manufacturers** (1) The Administrator may (by regulation) grant a motor vehicle manufacturer an appropriate amount of credits toward fulfillment of such manufacturer’s share of the requirements of subsection (c)(1) of this section for any of the following (or any combination thereof): (A) The sale of more clean-fuel vehicles than required under subsection (c)(1) of this section. (B) The sale of clean fuel 11 So in original. Probably should be “clean-fuel”. vehicles which meet standards established by the Administrator as provided in paragraph (3) which are more stringent than the clean-fuel vehicle standards otherwise applicable to such clean-fuel vehicle. A manufacturer granted credits under this paragraph may transfer some or all of the credits for use by one or more other manufacturers in demonstrating compliance with the requirements prescribed under this paragraph. The Administrator may make the credits available for use after consideration of enforceability, environmental, and economic factors and upon such terms and conditions as he finds appropriate. The Administrator shall grant credits in accordance with this paragraph, notwithstanding any requirements of State law or any credits granted with respect to the same vehicles under any State law, rule, or regulation. (2) **Regulations and administration.—** — The Administrator shall administer the credit program established under this subsection. Within 12 months after November 15, 1990, the Administrator shall promulgate regulations for such credit program. (3) **Standards for issuing credits for cleaner vehicles.—** — The more stringent standards and other requirements (including requirements relating to the weighting of credits) established by the Administrator for purposes of the credit program under 7585(e) 22 So in original. Probably should be “section 7586(f)”. of this title (relating to credits for clean fuel 1 vehicles in the fleets program) shall also apply for purposes of the credit program under this paragraph. **(e) Program evaluation** (1) Not later than June 30, 1994 and again in connection with the report under paragraph (2), the Administrator shall provide a report to the Congress on the status of the California Air Resources Board Low-Emissions Vehicles and Clean Fuels Program. Such report shall examine the capability, from a technological standpoint, of motor vehicle manufacturers and motor vehicle fuel suppliers to comply with the requirements of such program and with the requirements of the California Pilot Program under this section. (2) Not later than June 30, 1998, the Administrator shall complete and submit a report to Congress on the effectiveness of the California pilot program under this section. The report shall evaluate the level of emission reductions achieved under the program, the costs of the program, the advantages and disadvantages of extending the program to other nonattainment areas, and desirability of continuing or expanding the program in California. (3) The program under this section cannot be extended or terminated by the Administrator except by Act of Congress enacted after November 15, 1990. [Section 7507 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7507&num=0&edition=prelim) does not apply to the program under this section. **(f) Voluntary opt-in for other States** (1) **EPA regulations** — Not later than 2 years after November 15, 1990, the Administrator shall promulgate regulations establishing a voluntary opt-in program under this subsection pursuant to which— (A) clean-fuel vehicles which are required to be produced, sold, and distributed in the State of California under this section, and (B) clean alternative fuels required to be produced and distributed under this section by fuel suppliers and made available in California 33 So in original. Probably should be followed by a comma. may also be sold and used in other States which submit plan revisions under paragraph (2). (2) **Plan revisions** — Any State in which there is located all or part of an ozone nonattainment area classified under subpart 44 So in original. Probably should be “part”. D of subchapter I as Serious, Severe, or Extreme may submit a revision of the applicable implementation plan under part D of subchapter I and [section 7410 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410&num=0&edition=prelim) to provide incentives for the sale or use in such an area or State of clean-fuel vehicles which are required to be produced, sold, and distributed in the State of California, and for the use in such an area or State of clean alternative fuels required to be produced and distributed by fuel suppliers and made available in California. Such plan provisions shall not take effect until 1 year after the State has provided notice of such provisions to motor vehicle manufacturers and to fuel suppliers. (3) **Incentives** — The incentives referred to in paragraph (2) may include any or all of the following: (A) A State registration fee on new motor vehicles registered in the State which are not clean-fuel vehicles in the amount of at least 1 percent of the cost of the vehicle. The proceeds of such fee shall be used to provide financial incentives to purchasers of clean-fuel vehicles and to vehicle dealers who sell high volumes or high percentages of clean-fuel vehicles and to defray the administrative costs of the incentive program. (B) Provisions to exempt clean-fuel vehicles from high occupancy vehicle or trip reduction requirements. (C) Provisions to provide preference in the use of existing parking spaces for clean-fuel vehicles. The incentives under this paragraph shall not apply in the case of covered fleet vehicles. (4) **No sales or production mandate** — The regulations and plan revisions under paragraphs (1) and (2) shall not include any production or sales mandate for clean-fuel vehicles or clean alternative fuels. Such regulations and plan revisions shall also provide that vehicle manufacturers and fuel suppliers may not be subject to penalties or sanctions for failing to produce or sell clean-fuel vehicles or clean alternative fuels.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7507 — New motor vehicle emission standards in nonattainment areas

Notwithstanding [section 7543(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7543/a&num=0&edition=prelim), any State which has plan provisions approved under this part may adopt and enforce for any model year standards relating to control of emissions from new motor vehicles or new motor vehicle engines and take such other actions as are referred to in [section 7543(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7543/a&num=0&edition=prelim) respecting such vehicles if— (1) such standards are identical to the California standards for which a waiver has been granted for such model year, and (2) California and such State adopt such standards at least two years before commencement of such model year (as determined by regulations of the Administrator). Nothing in this section or in subchapter II of this chapter shall be construed as authorizing any such State to prohibit or limit, directly or indirectly, the manufacture or sale of a new motor vehicle or motor vehicle engine that is certified in California as meeting California standards, or to take any action of any kind to create, or have the effect of creating, a motor vehicle or motor vehicle engine different than a motor vehicle or engine certified in California under California standards (a “third vehicle”) or otherwise create such a “third vehicle”.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7507

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7586 — Centrally fueled fleets

**(a) Fleet program required for certain nonattainment areas** (1) **SIP revision** — Each State in which there is located all or part of a covered area (as defined in paragraph (2)) shall submit, within 42 months after November 15, 1990, a State implementation plan revision under [section 7410 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410&num=0&edition=prelim) and part D of subchapter I to establish a clean-fuel vehicle program for fleets under this section. (2) **Covered areas** — For purposes of this subsection, each of the following shall be a “covered area”: (A) *Ozone nonattainment areas* — Any ozone nonattainment area with a 1980 population of 250,000 or more classified under subpart 2 of part D of subchapter I of this chapter as Serious, Severe, or Extreme based on data for the calendar years 1987, 1988, and 1989. In determining the ozone nonattainment areas to be treated as covered areas pursuant to this subparagraph, the Administrator shall use the most recent interpretation methodology issued by the Administrator prior to November 15, 1990. (B) *Carbon monoxide nonattainment areas* — Any carbon monoxide nonattainment area with a 1980 population of 250,000 or more and a carbon monoxide design value at or above 16.0 parts per million based on data for calendar years 1988 and 1989 (as calculated according to the most recent interpretation methodology issued prior to November 15, 1990, by the United States Environmental Protection Agency), excluding those carbon monoxide nonattainment areas in which mobile sources do not contribute significantly to carbon monoxide exceedances. (3) **Plan revisions for reclassified areas** — In the case of ozone nonattainment areas reclassified as Serious, Severe, or Extre

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7586

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7410 — State implementation plans for national primary and secondary ambient air quality standards

**(a) Adoption of plan by State; submission to Administrator; content of plan; revision; new sources; indirect source review program; supplemental or intermittent control systems** (1) Each State shall, after reasonable notice and public hearings, adopt and submit to the Administrator, within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof) under [section 7409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7409&num=0&edition=prelim) for any air pollutant, a plan which provides for implementation, maintenance, and enforcement of such primary standard in each air quality control region (or portion thereof) within such State. In addition, such State shall adopt and submit to the Administrator (either as a part of a plan submitted under the preceding sentence or separately) within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national ambient air quality secondary standard (or revision thereof), a plan which provides for implementation, maintenance, and enforcement of such secondary standard in each air quality control region (or portion thereof) within such State. Unless a separate public hearing is provided, each State shall consider its plan implementing such secondary standard at the hearing required by the first sentence of this paragraph. (2) Each implementation plan submitted by a State under this chapter shall be adopted by the State after reasonable notice and public hearing. Each such plan shall— (A) include enforceable emission limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permit

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7410

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6901 — Congressional findings

**(a) Solid waste** The Congress finds with respect to solid waste— (1) that the continuing technological progress and improvement in methods of manufacture, packaging, and marketing of consumer products has resulted in an ever-mounting increase, and in a change in the characteristics, of the mass material discarded by the purchaser of such products; (2) that the economic and population growth of our Nation, and the improvements in the standard of living enjoyed by our population, have required increased industrial production to meet our needs, and have made necessary the demolition of old buildings, the construction of new buildings, and the provision of highways and other avenues of transportation, which, together with related industrial, commercial, and agricultural operations, have resulted in a rising tide of scrap, discarded, and waste materials; (3) that the continuing concentration of our population in expanding metropolitan and other urban areas has presented these communities with serious financial, management, intergovernmental, and technical problems in the disposal of solid wastes resulting from the industrial, commercial, domestic, and other activities carried on in such areas; (4) that while the collection and disposal of solid wastes should continue to be primarily the function of State, regional, and local agencies, the problems of waste disposal as set forth above have become a matter national in scope and in concern and necessitate Federal action through financial and technical assistance and leadership in the development, demonstration, and application of new and improved methods and processes to reduce the amount of waste and unsalvageable materials and to provide for proper and economical solid waste disposal practices. **(b) Environment and

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6901

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6991 — Definitions and exemptions

In this subchapter: (1) **Indian tribe.—** (A) *In general.—* — The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community that is recognized as being eligible for special programs and services provided by the United States to Indians because of their status as Indians. (B) *Inclusions.—* — The term “Indian tribe” includes an Alaska Native village, as defined in or established under the Alaska Native Claims Settlement Act ([43 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) et seq.); and 11 So in original. The semicolon probably should be a period and the word “and” probably should not appear. (2) The term “nonoperational storage tank” means any underground storage tank in which regulated substances will not be deposited or from which regulated substances will not be dispensed after November 8, 1984. (3) The term “operator” means any person in control of, or having responsibility for, the daily operation of the underground storage tank. (4) The term “owner” means— (A) in the case of an underground storage tank in use on November 8, 1984, or brought into use after that date, any person who owns an underground storage tank used for the storage, use, or dispensing of regulated substances and (B) in the case of any underground storage tank in use before November 8, 1984, but no longer in use on November 8, 1984, any person who owned such tank immediately before the discontinuation of its use. (5) The term “person” has the same meaning as provided in [section 6903(15) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6903/15&num=0&edition=prelim), except that such term includes a consortium, a joint venture, an

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6991

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6991 — Definitions and exemptions

Page 7021 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6991 (c) Limitations (1) A grant under this section for the construc- tion of a new or improved solid waste disposal facility may be made only if— (A) a State or interstate plan for solid waste disposal has been adopted which applies to the area involved, and the facility to be con- structed (i) is consistent with such plan, (ii) is included in a comprehensive plan for the area involved which is satisfactory to the Adminis- trator for the purposes of this chapter, and (iii) is consistent with the guidelines rec- ommended under section 6907 of this title, and (B) the project advances the state of the art by applying new and improved techniques in reducing the environmental impact of solid waste disposal, in achieving recovery of en- ergy or resources, or in recycling useful mate- rials. (2) The Federal share for any project to which paragraph (1) applies shall be not more than 50 percent in the case of a project serving an area which includes only one municipality, and not more than 75 percent in any other case. (d) Regulations (1) The Administrator shall promulgate regu- lations establishing a procedure for awarding grants under this section which— (A) provides that projects will be carried out in communities of varying sizes, under such conditions as will assist in solving the commu- nity waste problems of urban-industrial cen- ters, metropolitan regions, and rural areas, under representative geographic and environ- mental conditions; and (B) provides deadlines for submission of, and action on, grant requests. (2) In taking action on applications for grants under this section, consideration shall be given by the Administrator (A) to the public benefits to be derived by the construction and the

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6991

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7589 — California pilot test program

Page 7381 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7589 1 So in original. Probably should be ‘‘clean-fuel’’. 321 of title 40’’ substituted for ‘‘the General Supply Fund established in section 109 of the Federal Property and Administrative Services Act of 1949’’, on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Build- ings, Property, and Works. Statutory Notes and Related Subsidiaries ABOLITION OF GENERAL SUPPLY FUND The General Supply Fund, referred to in subsec. (g), was abolished and its capital assets and balances trans- ferred to the Acquisition Services Fund by section 3(a)–(c) of Pub. L. 109–313, set out as an Acquisition Services Fund note under section 321 of Title 40, Public Buildings, Property, and Works. § 7589. California pilot test program (a) Establishment The Administrator shall establish a pilot pro- gram in the State of California to demonstrate the effectiveness of clean-fuel vehicles in con- trolling air pollution in ozone nonattainment areas. (b) Applicability The provisions of this section shall only apply to light-duty trucks and light-duty vehicles, and such provisions shall apply only in the State of California, except as provided in subsection (f). (c) Program requirements Not later than 24 months after November 15, 1990, the Administrator shall promulgate regula- tions establishing requirements under this sec- tion applicable in the State of California. The regulations shall provide the following: (1) Clean-fuel vehicles Clean-fuel vehicles shall be produced, sold, and distributed (in accordance with normal business practices and applicable franchise agreements) to ultimate purchasers in Cali- fornia (including owners of covered fleets re- fe

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7589

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