42 U.S.C. § 7590 — General provisions

Page 7383 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7601 1 So in original. Probably should refer to part D of subchapter I. Editorial Notes REFERENCES IN TEXT The Solid Waste Disposal Act, referred to in subsec. (c)(2)(D), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795. Subtitle I of the Act is classi- fied generally to subchapter IX (§ 6991 et seq.) of chap- ter 82 of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 6901 of this title and Tables. November 15, 1990, referred to in subsec. (e)(3), was in the original ‘‘the date of the Clean Air Act Amend- ments of 1990’’, which was translated as meaning the date of enactment of Pub. L. 101–549, which enacted this section, to reflect the probable intent of Congress. § 7590. General provisions (a) State refueling facilities If any State adopts enforceable provisions in an implementation plan applicable to a non- attainment area which provides that existing State refueling facilities will be made available to the public for the purchase of clean alter- native fuels or that State-operated refueling fa- cilities for such fuels will be constructed and op- erated by the State and made available to the public at reasonable times, taking into consider- ation safety, costs, and other relevant factors, in approving such plan under section 7410 of this title and part D,1 the Administrator may credit a State with the emission reductions for pur- poses of part D 1 attributable to such actions. (b) No production mandate The Administrator shall have no authority under this part to mandate the production of clean-fuel vehicles except as provided in the California pilot test program or to specify as ap- plicable the models, lines, or types of, or mar- keting or price practices, policies, or strategies for, vehicles subject to this part. Nothing in this part shall be construed to give the Adminis- trator authority to mandate marketing or pric- ing practices, policies, or strategies for fuels. (c) Tank and fuel system safety The Secretary of Transportation shall, in ac- cordance with chapter 301 of title 49, promulgate applicable regulations regarding the safety and use of fuel storage cylinders and fuel systems, including appropriate testing and retesting, in conversions of motor vehicles. (d) Consultation with Department of Energy and Department of Transportation The Administrator shall coordinate with the Secretaries of the Department of Energy and the Department of Transportation in carrying out the Administrator’s duties under this part. (July 14, 1955, ch. 360, title II, § 250, as added Pub. L. 101–549, title II, § 229(a), Nov. 15, 1990, 104 Stat. 2528.) Editorial Notes CODIFICATION In subsec. (c), ‘‘chapter 301 of title 49’’ substituted for ‘‘the National Motor Vehicle Traffic Safety Act of 1966 [15 U.S.C. 1381 et seq.]’’, meaning ‘‘the National Traffic and Motor Vehicle Safety Act of 1966 [15 U.S.C. 1381 et seq.]’’, on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. SUBCHAPTER III—GENERAL PROVISIONS § 7601. Administration (a) Regulations; delegation of powers and duties; regional officers and employees (1) The Administrator is authorized to pre- scribe such regulations as are necessary to carry out his functions under this chapter. The Ad- ministrator may delegate to any officer or em- ployee of the Environmental Protection Agency such of his powers and duties under this chapter, except the making of regulations subject to sec- tion 7607(d) of this title, as he may deem nec- essary or expedient. (2) Not later than one year after August 7, 1977, the Administrator shall promulgate regula- tions establishing general applicable procedures and policies for regional officers and employees (including the Regional Administrator) to follow in carrying out a delegation under paragraph (1), if any. Such regulations shall be designed— (A) to assure fairness and uniformity in the criteria, procedures, and policies applied by the various regions in implementing and en- forcing the chapter; (B) to assure at least an adequate quality audit of each State’s performance and adher- ence to the requirements of this chapter in im- plementing and enforcing the chapter, particu- larly in the review of new sources and in en- forcement of the chapter; and (C) to provide a mechanism for identifying and standardizing inconsistent or varying cri- teria, procedures, and policies being employed by such officers and employees in imple- menting and enforcing the chapter. (b) Detail of Environmental Protection Agency personnel to air pollution control agencies Upon the request of an air pollution control agency, personnel of the Environmental Protec- tion Agency may be detailed to such agency for the purpose of carrying out the provisions of this chapter. (c) Payments under grants; installments; ad- vances or reimbursements Payments under grants made under this chap- ter may be made in installments, and in advance or by way of reimbursement, as may be deter- mined by the Administrator. (d) Tribal authority (1) Subject to the provisions of paragraph (2), the Administrator— (A) is authorized to treat Indian tribes as States under this chapter, except for purposes of the requirement that makes available for application by each State no less than one- half of 1 percent of annual appropriations under section 7405 of this title; and (B) may provide any such Indian tribe grant and contract assistance to carry out functions provided by this chapter. (2) The Administrator shall promulgate regu- lations within 18 months after November 15, 1990, specifying those provisions of this chapter