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

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 Page 7379 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7587 2 So in original. Probably should be ‘‘clean-fuel’’. covered fleet operator subject to the require- ments of this subsection. (e) Availability of clean alternative fuel The plan revision shall require fuel providers to make clean alternative fuel available to cov- ered fleet operators at locations at which cov- ered fleet vehicles are centrally fueled. (f) Credits (1) Issuance of credits The State plan revision required under this section shall provide for the issuance by the State of appropriate credits to a fleet operator for any of the following (or any combination thereof): (A) The purchase of more clean-fuel vehi- cles than required under this section. (B) The purchase of clean fuel 2 vehicles which meet more stringent standards estab- lished by the Administrator pursuant to paragraph (4). (C) The purchase of vehicles in categories which are not covered by this section but which meet standards established for such vehicles under paragraph (4). (2) Use of credits; limitations based on weight classes (A) Use of credits Credits under this subsection may be used by the person holding such credits to dem- onstrate compliance with this section or may be traded or sold for use by any other person to demonstrate compliance with other requirements applicable under this section in the same nonattainment area. Credits obtained at any time may be held or banked for use at any later time, and when so used, such credits shall maintain the same value as if used at an earlier date. (B) Limitations based on weight classes Credits issued with respect to the purchase of vehicles of up to 8,500 lbs. GVWR may not be used to demonstrate compliance by any person with the requirements applicable under this subsection to vehicles of more than 8,500 lbs. GVWR. Credits issued with re- spect to the purchase of vehicles of more than 8,500 lbs. GVWR may not be used to demonstrate compliance by any person with the requirements applicable under this sub- section to vehicles weighing up to 8,500 lbs. GVWR. (C) Weighting Credits issued for purchase of a clean fuel 2 vehicle under this subsection shall be ad- justed with appropriate weighting to reflect the level of emission reduction achieved by the vehicle. (3) Regulations and administration Within 12 months after November 15, 1990, the Administrator shall promulgate regula- tions for such credit program. The State shall administer the credit program established under this subsection. (4) Standards for issuing credits for cleaner ve- hicles Solely for purposes of issuing credits under paragraph (1)(B), the Administrator shall es- tablish under this paragraph standards for Ultra-Low Emission Vehicles (‘‘ULEV’’s) and Zero Emissions Vehicles (‘‘ZEV’’s) which shall be more stringent than those otherwise appli- cable to clean-fuel vehicles under this part. The Administrator shall certify clean fuel 2 ve- hicles as complying with such more stringent standards, and administer and enforce such more stringent standards, in the same manner as in the case of the otherwise applicable clean-fuel vehicle standards established under this section. The standards established by the Administrator under this paragraph for vehi- cles under 8,500 lbs. GVWR or greater shall conform as closely as possible to standards which are established by the State of Cali- fornia for ULEV and ZEV vehicles in the same class. For vehicles of 8,500 lbs. GVWR or more, the Administrator shall promulgate com- parable standards for purposes of this sub- section. (5) Early fleet credits The State plan revision shall provide credits under this subsection to fleet operators that purchase vehicles certified to meet clean-fuel vehicle standards under this part during any period after approval of the plan revision and prior to the effective date of the fleet program under this section. (g) Availability to public At any facility owned or operated by a depart- ment, agency, or instrumentality of the United States where vehicles subject to this subsection are supplied with clean alternative fuel, such fuel shall be offered for sale to the public for use in other vehicles during reasonable business times and subject to national security concerns, unless such fuel is commercially available for vehicles in the vicinity of such Federal facili- ties. (h) Transportation control measures The Administrator shall by rule, within 1 year after November 15, 1990, ensure that certain transportation control measures including time- of-day or day-of-week restrictions, and other similar measures that restrict vehicle usage, do not apply to any clean-fuel vehicle that meets the requirements of this section. This sub- section shall apply notwithstanding subchapter I. (July 14, 1955, ch. 360, title II, § 246, as added Pub. L. 101–549, title II, § 229(a), Nov. 15, 1990, 104 Stat. 2520.) § 7587. Vehicle conversions (a) Conversion of existing and new conventional vehicles to clean-fuel vehicles The requirements of section 7586 of this title may be met through the conversion of existing or new gasoline or diesel-powered vehicles to clean-fuel vehicles which comply with the appli- cable requirements of that section. For purposes of such provisions the conversion of a vehicle to