42 U.S.C. § 7404 — Research relating to fuels and vehicles

Page 7173 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7404 1 So in original. The period probably should be a semicolon. PILOT DESIGN PROGRAMS Pub. L. 106–246, div. B, title II, § 2603, July 13, 2000, 114 Stat. 558, required the Administrator of the Environ- mental Protection Agency to make grants to carry out a 2-year program to implement in five metropolitan areas pilot design programs and report to Congress on the results not later than 360 days from first day of the second year of the 2-year program. NATIONAL ACID LAKES REGISTRY Pub. L. 101–549, title IV, § 405, Nov. 15, 1990, 104 Stat. 2632, provided that: ‘‘The Administrator of the Environ- mental Protection Agency shall create a National Acid Lakes Registry that shall list, to the extent practical, all lakes that are known to be acidified due to acid dep- osition, and shall publish such list within one year of the enactment of this Act [Nov. 15, 1990]. Lakes shall be added to the registry as they become acidic or as data becomes available to show they are acidic. Lakes shall be deleted from the registry as they become non- acidic.’’ ASSESSMENT OF INTERNATIONAL AIR POLLUTION CONTROL TECHNOLOGIES Pub. L. 101–549, title IX, § 901(e), Nov. 15, 1990, 104 Stat. 2706, directed Administrator of Environmental Protection Agency to conduct a study that compares international air pollution control technologies of se- lected industrialized countries to determine if there exist air pollution control technologies in countries outside the United States that may have beneficial ap- plications to this Nation’s air pollution control efforts, including, with respect to each country studied, the topics of urban air quality, motor vehicle emissions, toxic air emissions, and acid deposition, and within 2 years after Nov. 15, 1990, submit to Congress a report detailing the results of such study. WESTERN STATES ACID DEPOSITION RESEARCH Pub. L. 101–549, title IX, § 901(g), Nov. 15, 1990, 104 Stat. 2707, provided that: ‘‘(1) The Administrator of the Environmental Protec- tion Agency shall sponsor monitoring and research and submit to Congress annual and periodic assessment re- ports on— ‘‘(A) the occurrence and effects of acid deposition on surface waters located in that part of the United States west of the Mississippi River; ‘‘(B) the occurrence and effects of acid deposition on high elevation ecosystems (including forests, and surface waters); and ‘‘(C) the occurrence and effects of episodic acidifi- cation, particularly with respect to high elevation watersheds. ‘‘(2) The Administrator of the Environmental Protec- tion Agency shall analyze data generated from the studies conducted under paragraph (1), data from the Western Lakes Survey, and other appropriate research and utilize predictive modeling techniques that take into account the unique geographic, climatological, and atmospheric conditions which exist in the western United States to determine the potential occurrence and effects of acid deposition due to any projected in- creases in the emission of sulfur dioxide and nitrogen oxides in that part of the United States located west of the Mississippi River. The Administrator shall include the results of the project conducted under this para- graph in the reports issued to Congress under para- graph (1).’’ CONSULTATION WITH AND TRANSMISSION OF REPORTS AND STUDIES TO CONGRESSIONAL COMMITTEE Pub. L. 95–95, title I, § 101(c), Aug. 7, 1977, 91 Stat. 687, provided that: ‘‘The Administrator of the Environ- mental Protection Agency shall consult with the House Committee on Science and Technology [now Com- mittee on Science, Space, and Technology] on the envi- ronmental and atmospheric research, development, and demonstration aspects of this Act [see Short Title of 1977 Amendment note set out under section 7401 of this title]. In addition, the reports and studies required by this Act that relate to research, development, and dem- onstration issues shall be transmitted to the Com- mittee on Science and Technology [now Committee on Science, Space, and Technology] at the same time they are made available to other committees of the Con- gress.’’ STUDY OF SUBSTANCES DISCHARGED FROM EXHAUSTS OF MOTOR VEHICLES Pub. L. 86–493, June 8, 1960, 74 Stat. 162, directed Sur- geon General of Public Health Service to conduct a thorough study for purposes of determining, with re- spect to the various substances discharged from ex- hausts of motor vehicles, the amounts and kinds of such substances which, from the standpoint of human health, it is safe for motor vehicles to discharge into the atmosphere under the various conditions under which such vehicles may operate, and, not later than two years after June 8, 1960, submit to Congress a re- port on results of the study, together with such rec- ommendations, if any, based upon the findings made in such study, as he deemed necessary for the protection of the public health. § 7404. Research relating to fuels and vehicles (a) Research programs; grants; contracts; pilot and demonstration plants; byproducts re- search The Administrator shall give special emphasis to research and development into new and im- proved methods, having industry-wide applica- tion, for the prevention and control of air pollu- tion resulting from the combustion of fuels. In furtherance of such research and development he shall— (1) conduct and accelerate research pro- grams directed toward development of im- proved, cost-effective techniques for— (A) control of combustion byproducts of fuels, (B) removal of potential air pollutants from fuels prior to combustion, (C) control of emissions from the evapo- ration of fuels, (D) improving the efficiency of fuels com- bustion so as to decrease atmospheric emis- sions, and (E) producing synthetic or new fuels which, when used, result in decreased atmos- pheric emissions.1 (2) provide for Federal grants to public or nonprofit agencies, institutions, and organiza- tions and to individuals, and contracts with public or private agencies, institutions, or per- sons, for payment of (A) part of the cost of ac- quiring, constructing, or otherwise securing for research and development purposes, new or improved devices or methods having industry- wide application of preventing or controlling discharges into the air of various types of pol- lutants; (B) part of the cost of programs to de- velop low emission alternatives to the present internal combustion engine; (C) the cost to purchase vehicles and vehicle engines, or por- tions thereof, for research, development, and testing purposes; and (D) carrying out the other provisions of this section, without re- Page 7174 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7404 2 See References in Text note below. 3 So in original. The word ‘‘and’’ probably should appear. gard to section 3324(a) and (b) of title 31 and section 6101 of title 41: Provided, That research or demonstration contracts awarded pursuant to this subsection (including contracts for construction) may be made in accordance with, and subject to the limitations provided with respect to research contracts of the mili- tary departments in, section 2353 2 of title 10, except that the determination, approval, and certification required thereby shall be made by the Administrator; Provided further, That no grant may be made under this paragraph in excess of $1,500,000; (3) determine, by laboratory and pilot plant testing, the results of air pollution research and studies in order to develop new or im- proved processes and plant designs to the point where they can be demonstrated on a large and practical scale; (4) construct, operate, and maintain, or as- sist in meeting the cost of the construction, operation, and maintenance of new or im- proved demonstration plants or processes which have promise of accomplishing the pur- poses of this chapter; 3 (5) study new or improved methods for the recovery and marketing of commercially valu- able byproducts resulting from the removal of pollutants. (b) Powers of Administrator in establishing re- search and development programs In carrying out the provisions of this section, the Administrator may— (1) conduct and accelerate research and de- velopment of cost-effective instrumentation techniques to facilitate determination of quantity and quality of air pollutant emis- sions, including, but not limited to, auto- motive emissions; (2) utilize, on a reimbursable basis, the fa- cilities of existing Federal scientific labora- tories; (3) establish and operate necessary facilities and test sites at which to carry on the re- search, testing, development, and program- ming necessary to effectuate the purposes of this section; (4) acquire secret processes, technical data, inventions, patent applications, patents, li- censes, and an interest in lands, plants, and fa- cilities, and other property or rights by pur- chase, license, lease, or donation; and (5) cause on-site inspections to be made of promising domestic and foreign projects, and cooperate and participate in their develop- ment in instances in which the purposes of the chapter will be served thereby. (c) Clean alternative fuels The Administrator shall conduct a research program to identify, characterize, and predict air emissions related to the production, dis- tribution, storage, and use of clean alternative fuels to determine the risks and benefits to human health and the environment relative to those from using conventional gasoline and die- sel fuels. The Administrator shall consult with other Federal agencies to ensure coordination and to avoid duplication of activities authorized under this subsection. (July 14, 1955, ch. 360, title I, § 104, as added Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 487; amended Pub. L. 91–137, Dec. 5, 1969, 83 Stat. 283; Pub. L. 91–604, §§ 2(b), (c), 13(a), 15(c)(2), Dec. 31, 1970, 84 Stat. 1676, 1677, 1709, 1713; Pub. L. 93–15, § 1(a), Apr. 9, 1973, 87 Stat. 11; Pub. L. 93–319, § 13(a), June 22, 1974, 88 Stat. 265; Pub. L. 101–549, title IX, § 901(d), Nov. 15, 1990, 104 Stat. 2706.) Editorial Notes REFERENCES IN TEXT Section 2353 of title 10, referred to in subsec. (a)(2), was renumbered section 4174 of title 10 by Pub. L. 116–283, div. A, title XVIII, § 1844(b)(1), Jan. 1, 2021, 134 Stat. 4245, as amended by Pub. L. 117–81, div. A, title XVII, § 1701(u)(6)(B), Dec. 27, 2021, 135 Stat. 2154. CODIFICATION In subsec. (a)(2)(D), ‘‘section 3324(a) and (b) of title 31 and section 6101 of title 41’’ substituted for ‘‘sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5)’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, which Act enacted Title 31, Money and Finance, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Con- tracts. Section was formerly classified to section 1857b–1 of this title. PRIOR PROVISIONS A prior section 104 of act July 14, 1955, was renum- bered section 105 by Pub. L. 90–148 and is classified to section 7405 of this title. AMENDMENTS 1990—Subsecs. (a)(1), (b)(1). Pub. L. 101–549, § 901(d)(1), substituted ‘‘cost-effective’’ for ‘‘low-cost’’. Subsec. (c). Pub. L. 101–549, § 901(d)(2), amended sub- sec. (c) generally. Prior to amendment, subsec. (c) read as follows: ‘‘For the purposes of this section there are authorized to be appropriated $75,000,000 for the fiscal year ending June 30, 1971, $125,000,000 for the fiscal year ending June 30, 1972, $150,000,000 for the fiscal year end- ing June 30, 1973, and $150,000,000 for the fiscal year end- ing June 30, 1974, and $150,000,000 for the fiscal year end- ing June 30, 1975. Amounts appropriated pursuant to this subsection shall remain available until expended.’’ 1974—Subsec. (c). Pub. L. 93–319 authorized appropria- tion of $150,000,000 for fiscal year ending June 30, 1975. 1973—Subsec. (c). Pub. L. 93–15 authorized appropria- tion of $150,000,000 for fiscal year ending June 30, 1974. 1970—Subsec. (a). Pub. L. 91–604, § 15(c)(2), substituted ‘‘Administrator’’ for ‘‘Secretary’’. Subsec. (a)(1). Pub. L. 91–604, § 2(b), inserted provi- sions authorizing research programs directed toward development of techniques for improving the efficiency of fuels combustion so as to decrease atmospheric emis- sions, and producing synthetic or new fuels which re- sult in decreased atmospheric emissions. Subsec. (a)(2). Pub. L. 91–604, § 2(c), added cls. (B) and (C) and redesignated former cl. (B) as (D). Subsec. (b). Pub. L. 91–604, § 15(c)(2), substituted ‘‘Ad- ministrator’’ for ‘‘Secretary’’. Subsec. (c). Pub. L. 91–604, § 13(a), substituted provi- sions authorizing appropriations for fiscal years ending June 30, 1971, 1972, and 1973, for provisions authorizing appropriations for fiscal years ending June 30, 1968 and 1969. 1969—Subsec. (c). Pub. L. 91–137 authorized appropria- tion of $45,000,000 for fiscal year ending June 30, 1970. Statutory Notes and Related Subsidiaries HYDROGEN FUEL CELL VEHICLE STUDY AND TEST PROGRAM Pub. L. 101–549, title VIII, § 807, Nov. 15, 1990, 104 Stat. 2689, provided that the Administrator of the Environ- Page 7175 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7405 mental Protection Agency, in conjunction with the Na- tional Aeronautics and Space Administration and the Department of Energy, would conduct a study, per- formed in the university or universities which are best exhibiting the facilities and expertise to develop such a fuel cell vehicle and test program on the development of a hydrogen fuel cell electric vehicle, to determine how best to transfer existing NASA hydrogen fuel cell technology into the form of a mass-producible, cost ef- fective hydrogen fuel cell vehicle and include at a min- imum a feasibility-design study, the construction of a prototype, and a demonstration, and provided that the study and test program were to be completed and a re- port submitted to Congress within 3 years after Nov. 15, 1990. COMBUSTION OF CONTAMINATED USED OIL IN SHIPS Pub. L. 101–549, title VIII, § 813, Nov. 15, 1990, 104 Stat. 2693, directed that within 2 years after Nov. 15, 1990, the Administrator of the Environmental Protection Agen- cy was to complete a study and submit a report to Con- gress evaluating the health and environmental impacts of the combustion of contaminated used oil in ships, the reasons for using such oil, the alternatives, and the costs of such alternatives, and other relevant factors and impacts. EXTENSION TO AUG. 31, 1970 OF AUTHORIZATION PERIOD FOR FISCAL YEAR 1970 Pub. L. 91–316, July 10, 1970, 84 Stat. 416, provided in part that the authorization contained in section 104(c) of the Clean Air Act [subsec. (c) of this section] for the fiscal year ending June 30, 1970, should remain avail- able through Aug. 31, 1970, notwithstanding any provi- sions of this section. § 7405. Grants for support of air pollution plan- ning and control programs (a) Amounts; limitations; assurances of plan de- velopment capability (1)(A) The Administrator may make grants to air pollution control agencies, within the mean- ing of paragraph (1), (2), (3), (4), or (5) of section 7602 of this title, in an amount up to three-fifths of the cost of implementing programs for the prevention and control of air pollution or imple- mentation of national primary and secondary ambient air quality standards. For the purpose of this section, ‘‘implementing’’ means any ac- tivity related to the planning, developing, estab- lishing, carrying-out, improving, or maintaining of such programs. (B) Subject to subsections (b) and (c) of this section, an air pollution control agency which receives a grant under subparagraph (A) and which contributes less than the required two- fifths minimum shall have 3 years following No- vember 15, 1990, in which to contribute such amount. If such an agency fails to meet and maintain this required level, the Administrator shall reduce the amount of the Federal contribu- tion accordingly. (C) With respect to any air quality control re- gion or portion thereof for which there is an ap- plicable implementation plan under section 7410 of this title, grants under subparagraph (A) may be made only to air pollution control agencies which have substantial responsibilities for car- rying out such applicable implementation plan. (2) Before approving any grant under this sub- section to any air pollution control agency within the meaning of sections 7602(b)(2) and 7602(b)(4) of this title, the Administrator shall receive assurances that such agency provides for adequate representation of appropriate State, interstate, local, and (when appropriate) inter- national, interests in the air quality control re- gion. (3) Before approving any planning grant under this subsection to any air pollution control agency within the meaning of sections 7602(b)(2) and 7602(b)(4) of this title, the Administrator shall receive assurances that such agency has the capability of developing a comprehensive air quality plan for the air quality control region, which plan shall include (when appropriate) a recommended system of alerts to avert and re- duce the risk of situations in which there may be imminent and serious danger to the public health or welfare from air pollutants and the various aspects relevant to the establishment of air quality standards for such air quality con- trol region, including the concentration of in- dustries, other commercial establishments, pop- ulation and naturally occurring factors which shall affect such standards. (b) Terms and conditions; regulations; factors for consideration; State expenditure limitations (1) From the sums available for the purposes of subsection (a) of this section for any fiscal year, the Administrator shall from time to time make grants to air pollution control agencies upon such terms and conditions as the Adminis- trator may find necessary to carry out the pur- pose of this section. In establishing regulations for the granting of such funds the Administrator shall, so far as practicable, give due consider- ation to (A) the population, (B) the extent of the actual or potential air pollution problem, and (C) the financial need of the respective agencies. (2) Not more than 10 per centum of the total of funds appropriated or allocated for the purposes of subsection (a) of this section shall be granted for air pollution control programs in any one State. In the case of a grant for a program in an area crossing State boundaries, the Adminis- trator shall determine the portion of such grant that is chargeable to the percentage limitation under this subsection for each State into which such area extends. Subject to the provisions of paragraph (1) of this subsection, no State shall have made available to it for application less than one-half of 1 per centum of the annual ap- propriation for grants under this section for grants to agencies within such State. (c) Maintenance of effort (1) No agency shall receive any grant under this section during any fiscal year when its ex- penditures of non-Federal funds for recurrent expenditures for air pollution control programs will be less than its expenditures were for such programs during the preceding fiscal year. In order for the Administrator to award grants under this section in a timely manner each fis- cal year, the Administrator shall compare an agency’s prospective expenditure level to that of its second preceding fiscal year. The Adminis- trator shall revise the current regulations which define applicable nonrecurrent and recurrent ex- penditures, and in so doing, give due consider- ation to exempting an agency from the limita- tions of this paragraph and subsection (a) due to periodic increases experienced by that agency from time to time in its annual expenditures for