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- ferred to in section 7586 of this title) in num- bers that meet or exceed the following sched- ule: Model Years Number of Clean-Fuel Vehicles 1996, 1997, 1998 .................................... 150,000 vehicles 1999 and thereafter ............................ 300,000 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 containing a clean fuel plan that requires that clean alternative fuels on which the clean-fuel vehicles required under this para- graph can operate shall be produced and dis- tributed 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, consid- ering the number of, and type of, such vehicles sold and the geographic distribution of such vehicles within the State. The State shall de- termine the clean alternative fuels to be pro- duced, distributed, and made available based on motor vehicle manufacturers’ projections of future sales of such vehicles and consulta- tions with the affected local governments and fuel suppliers. (B) The State may by regulation grant per- sons 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 consider- ation of enforceability, environmental, and economic factors and upon such terms and conditions as the State finds appropriate. (C) The State may also by regulation estab- lish specifications for any clean alternative fuel produced and made available under this paragraph as the State finds necessary to re- duce or eliminate an unreasonable risk to pub- lic health, welfare, or safety associated with its use or to ensure acceptable vehicle mainte- nance 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 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 provi- sions regarding clean alternative fuels. (F) If the State of California fails to adopt a clean fuel program that meets the require- ments 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 that meets the require- ments of this paragraph. (d) Credits for motor vehicle manufacturers (1) The Administrator may (by regulation) grant a motor vehicle manufacturer an appro- priate 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 1 vehicles which meet standards established by the Adminis- trator as provided in paragraph (3) which are Page 7382 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7589 2 So in original. Probably should be ‘‘section 7586(f)’’. 3 So in original. Probably should be followed by a comma. 4 So in original. Probably should be ‘‘part’’. 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 para- graph, 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 pro- gram established under this subsection. Within 12 months after November 15, 1990, the Adminis- trator shall promulgate regulations for such credit program. (3) STANDARDS FOR ISSUING CREDITS FOR CLEAN- ER VEHICLES.—The more stringent standards and other requirements (including requirements re- lating to the weighting of credits) established by the Administrator for purposes of the credit pro- gram under 7585(e) 2 of this title (relating to credits for clean fuel 1 vehicles in the fleets pro- gram) 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 Re- sources Board Low-Emissions Vehicles and Clean Fuels Program. Such report shall examine the capability, from a technological standpoint, of motor vehicle manufacturers and motor vehi- cle fuel suppliers to comply with the require- ments of such program and with the require- ments of the California Pilot Program under this section. (2) Not later than June 30, 1998, the Adminis- trator 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 expand- ing 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 Novem- ber 15, 1990. Section 7507 of this title 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 regu- lations establishing a voluntary opt-in pro- gram 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 Cali- fornia 3 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 4 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 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 alter- native fuels required to be produced and dis- tributed 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 administra- tive costs of the incentive program. (B) Provisions to exempt clean-fuel vehi- cles from high occupancy vehicle or trip re- duction 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 ve- hicles or clean alternative fuels. Such regula- tions 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. (July 14, 1955, ch. 360, title II, § 249, as added Pub. L. 101–549, title II, § 229(a), Nov. 15, 1990, 104 Stat. 2525.) 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