42 U.S.C. § 7585 — Standards for heavy-duty clean-fuel vehi-

Page 7377 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7585 to in subsection (a), (b), (c), or (d) of this sec- tion and such set of standards is, in the aggre- gate, at least as protective of public health and welfare as the otherwise applicable stand- ards set forth in section 7582 of this title and subsection (a), (b), (c), or (d) of this section, such set of California standards shall apply to clean-fuel vehicles in such category in lieu of the standards otherwise applicable under sec- tion 7582 of this title and subsection (a), (b), (c), or (d) of this section, as the case may be. (2) Multiple sets of CARB standards If the State of California promulgates regu- lations establishing and implementing several different sets of standards applicable in Cali- fornia pursuant to a waiver approved under section 7543 of this title to any category of ve- hicles referred to in subsection (a), (b), (c), or (d) of this section and each of such sets of California standards is, in the aggregate, at least as protective of public health and welfare as the otherwise applicable standards set forth in section 7582 of this title and subsection (a), (b), (c), or (d) of this section, such standards shall be treated as ‘‘qualifying California standards’’ for purposes of this paragraph. Where more than one set of qualifying stand- ards are established and administered by the State of California, the least stringent set of qualifying California standards shall apply to the clean-fuel vehicles concerned in lieu of the standards otherwise applicable to such vehi- cles under section 7582 of this title and this section. (f) Less stringent CARB standards If the Low-Emission Vehicle and Clean Fuels Regulations of the California Air Resources Board applicable to any category of vehicles re- ferred to in subsection (a), (b), (c), or (d) of this section are modified after November 15, 1990, to provide an emissions standard which is less stringent than the otherwise applicable stand- ard set forth in subsection (a), (b), (c), or (d), or if any effective date contained in such regula- tions is delayed, such modified standards or such delay (or both, as the case may be) shall apply, for an interim period, in lieu of the stand- ard or effective date otherwise applicable under subsection (a), (b), (c), or (d) to any vehicles cov- ered by such modified standard or delayed effec- tive date. The interim period shall be a period of not more than 2 model years from the effective date otherwise applicable under subsection (a), (b), (c), or (d). After such interim period, the otherwise applicable standard set forth in sub- section (a), (b), (c), or (d) shall take effect with respect to such vehicles (unless subsequently re- placed under subsection (e)). (g) Not applicable to heavy-duty vehicles Notwithstanding any provision of the Low- Emission Vehicle and Clean Fuels Regulations of the California Air Resources Board nothing in this section shall apply to heavy-duty engines in vehicles of more than 8,500 lbs. GVWR. (July 14, 1955, ch. 360, title II, § 243, as added Pub. L. 101–549, title II, § 229(a), Nov. 15, 1990, 104 Stat. 2514.) § 7584. Administration and enforcement as per California standards Where the numerical clean-fuel vehicle stand- ards applicable under this part to vehicles of not more than 8,500 lbs. GVWR are the same as nu- merical emission standards applicable in Cali- fornia under the Low-Emission Vehicle and Clean Fuels Regulations of the California Air Resources Board (‘‘CARB’’), such standards shall be administered and enforced by the Adminis- trator— (1) in the same manner and with the same flexibility as the State of California admin- isters and enforces corresponding standards applicable under the Low-Emission Vehicle and Clean Fuels Regulations of the California Air Resources Board (‘‘CARB’’); and (2) subject to the same requirements, and utilizing the same interpretations and policy judgments, as are applicable in the case of such CARB standards, including, but not lim- ited to, requirements regarding certification, production-line testing, and in-use compli- ance, unless the Administrator determines (in promul- gating the rules establishing the clean fuel vehi- cle program under this section) that any such administration and enforcement would not meet the criteria for a waiver under section 7543 of this title. Nothing in this section shall apply in the case of standards under section 7585 of this title for heavy-duty vehicles. (July 14, 1955, ch. 360, title II, § 244, as added Pub. L. 101–549, title II, § 229(a), Nov. 15, 1990, 104 Stat. 2519.) § 7585. Standards for heavy-duty clean-fuel vehi- cles (GVWR above 8,500 up to 26,000 lbs.) (a) Model years after 1997; combined NOx and NMHC standard For classes or categories of heavy-duty vehi- cles or engines manufactured for the model year 1998 or thereafter and having a GVWR greater than 8,500 lbs. and up to 26,000 lbs. GVWR, the standards under this part for clean-fuel vehicles shall require that combined emissions of oxides of nitrogen (NOx) and nonmethane hydrocarbons (NMHC) shall not exceed 3.15 grams per brake horsepower hour (equivalent to 50 percent of the combined emission standards applicable under section 7521 of this title for such air pollutants in the case of a conventional model year 1994 heavy-duty diesel-fueled vehicle or engine). No standard shall be promulgated as provided in this section for any heavy-duty vehicle of more than 26,000 lbs. GVWR. (b) Revised standards that are less stringent (1) The Administrator may promulgate a re- vised less stringent standard for the vehicles or engines referred to in subsection (a) if the Ad- ministrator determines that the 50 percent re- duction required under subsection (a) is not technologically feasible for clean diesel-fueled vehicles and engines, taking into account dura- bility, costs, lead time, safety, and other rel- evant factors. To provide adequate lead time the Administrator shall make a determination with regard to the technological feasibility of such 50 percent reduction before December 31, 1993. Page 7378 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7586 1 So in original. Probably should be ‘‘light-duty’’. (2) Any person may at any time petition the Administrator to make a determination under paragraph (1). The Administrator shall act on such a petition within 6 months after the peti- tion is filed. (3) Any revised less stringent standards pro- mulgated as provided in this subsection shall re- quire at least a 30 percent reduction in lieu of the 50 percent reduction referred to in paragraph (1). (July 14, 1955, ch. 360, title II, § 245, as added Pub. L. 101–549, title II, § 229(a), Nov. 15, 1990, 104 Stat. 2519.) § 7586. Centrally fueled fleets (a) Fleet program required for certain nonattain- ment 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 No- vember 15, 1990, a State implementation plan revision under section 7410 of this title 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 nonattain- ment areas to be treated as covered areas pursuant to this subparagraph, the Adminis- trator shall use the most recent interpreta- tion methodology issued by the Adminis- trator 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 cal- endar years 1988 and 1989 (as calculated ac- cording 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 mo- bile sources do not contribute significantly to carbon monoxide exceedances. (3) Plan revisions for reclassified areas In the case of ozone nonattainment areas re- classified as Serious, Severe, or Extreme under part D of subchapter I with a 1980 population of 250,000 or more, the State shall submit a plan revision meeting the requirements of this subsection within 1 year after reclassification. Such plan revision shall implement the re- quirements applicable under this subsection at the time of reclassification and thereafter, ex- cept that the Administrator may adjust for a limited period the deadlines for compliance where compliance with such deadlines would be infeasible. (4) Consultation; consideration of factors Each State required to submit an implemen- tation plan revision under this subsection shall develop such revision in consultation with fleet operators, vehicle manufacturers, fuel producers and distributors, motor vehicle fuel, and other interested parties, taking into consideration operational range, specialty uses, vehicle and fuel availability, costs, safe- ty, resale values of vehicles and equipment and other relevant factors. (b) Phase-in of requirements The plan revision required under this section shall contain provisions requiring that at least a specified percentage of all new covered fleet ve- hicles in model year 1998 and thereafter pur- chased by each covered fleet operator in each covered area shall be clean-fuel vehicles and shall use clean alternative fuels when operating in the covered area. For the applicable model years (MY) specified in the following table and thereafter, the specified percentage shall be as provided in the table for the vehicle types set forth in the table: CLEAN FUEL VEHICLE PHASE-IN REQUIREMENTS FOR FLEETS Vehicle Type MY1998 MY1999 MY2000 Light-duty trucks up to 6,000 lbs. GVWR and light-duty vehicles .......... 30% 50% 70% Heavy-duty trucks above 8,500 lbs. GVWR ............... 50% 50% 50% The term MY refers to model year. (c) Accelerated standard for light-duty trucks up to 6,000 lbs. GVWR and light-duty vehicles Notwithstanding the model years for which clean-fuel vehicle standards are applicable as provided in section 7583 of this title, for pur- poses of this section, light duty 1 trucks of up to 6,000 lbs. GVWR and light-duty vehicles manu- factured in model years 1998 through model year 2000 shall be treated as clean-fuel vehicles only if such vehicles comply with the standards ap- plicable under section 7583 of this title for vehi- cles in the same class for the model year 2001. The requirements of subsection (b) shall take ef- fect on the earlier of the following: (1) The first model year after model year 1997 in which new light-duty trucks up to 6,000 lbs. GVWR and light-duty vehicles which com- ply with the model year 2001 standards under section 7583 of this title are offered for sale in California. (2) Model year 2001. Whenever the effective date of subsection (b) is delayed pursuant to paragraph (1) of this sub- section, the phase-in schedule under subsection (b) shall be modified to commence with the model year referred to in paragraph (1) in lieu of model year 1998. (d) Choice of vehicles and fuel The plan revision under this subsection shall provide that the choice of clean-fuel vehicles and clean alternative fuels shall be made by the