42 U.S.C. § 7587 — Vehicle conversions

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 Page 7380 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7588 1 So in original. Probably should be ‘‘clean-fuel’’. 2 So in original. Probably should be ‘‘sections’’. clean fuel 1 vehicle shall be treated as the pur- chase of a clean fuel 1 vehicle. Nothing in this part shall be construed to provide that any cov- ered fleet operator subject to fleet vehicle pur- chase requirements under section 7586 of this title shall be required to convert existing or new gasoline or diesel-powered vehicles to clean-fuel vehicles or to purchase converted vehicles. (b) Regulations The Administrator shall, within 24 months after November 15, 1990, consistent with the re- quirements of this subchapter applicable to new vehicles, promulgate regulations governing con- versions of conventional vehicles to clean-fuel vehicles. Such regulations shall establish cri- teria for such conversions which will ensure that a converted vehicle will comply with the stand- ards applicable under this part to clean-fuel ve- hicles. Such regulations shall provide for the ap- plication to such conversions of the same provi- sions of this subchapter (including provisions re- lating to administration enforcement) as are ap- plicable to standards under section 2 7582, 7583, 7584, and 7585 of this title, except that in the case of conversions the Administrator may mod- ify the applicable regulations implementing such provisions as the Administrator deems nec- essary to implement this part. (c) Enforcement Any person who converts conventional vehi- cles to clean fuel 1 vehicles pursuant to sub- section (b), shall be considered a manufacturer for purposes of sections 7525 and 7541 of this title and related enforcement provisions. Nothing in the preceding sentence shall require a person who performs such conversions to warrant any part or operation of a vehicle other than as re- quired under this part. Nothing in this para- graph shall limit the applicability of any other warranty to unrelated parts or operations. (d) Tampering The conversion from a vehicle capable of oper- ating on gasoline or diesel fuel only to a clean- fuel vehicle shall not be considered a violation of section 7522(a)(3) of this title if such conver- sion complies with the regulations promulgated under subsection (b). (e) Safety The Secretary of Transportation shall, if nec- essary, promulgate rules under applicable motor vehicle laws regarding the safety of vehicles converted from existing and new vehicles to clean-fuel vehicles. (July 14, 1955, ch. 360, title II, § 247, as added Pub. L. 101–549, title II, § 229(a), Nov. 15, 1990, 104 Stat. 2523.) § 7588. Federal agency fleets (a) Additional provisions applicable The provisions of this section shall apply, in addition to the other provisions of this part, in the case of covered fleet vehicles owned or oper- ated by an agency, department, or instrumen- tality of the United States, except as otherwise provided in subsection (e). (b) Cost of vehicles to Federal agency Notwithstanding the provisions of sections 601–611 of title 40, the Administrator of General Services shall not include the incremental costs of clean-fuel vehicles in the amount to be reim- bursed by Federal agencies if the Administrator of General Services determines that appropria- tions provided pursuant to this paragraph are sufficient to provide for the incremental cost of such vehicles over the cost of comparable con- ventional vehicles. (c) Limitations on appropriations Funds appropriated pursuant to the authoriza- tion under this paragraph shall be applicable only— (1) to the portion of the cost of acquisition, maintenance and operation of vehicles ac- quired under this subparagraph which exceeds the cost of acquisition, maintenance and oper- ation of comparable conventional vehicles; (2) to the portion of the costs of fuel storage and dispensing equipment attributable to such vehicles which exceeds the costs for such pur- poses required for conventional vehicles; and (3) to the portion of the costs of acquisition of clean-fuel vehicles which represents a re- duction in revenue from the disposal of such vehicles as compared to revenue resulting from the disposal of comparable conventional vehicles. (d) Vehicle costs The incremental cost of vehicles acquired under this part over the cost of comparable con- ventional vehicles shall not be applied to any calculation with respect to a limitation under law on the maximum cost of individual vehicles which may be required by the United States. (e) Exemptions The requirements of this part shall not apply to vehicles with respect to which the Secretary of Defense has certified to the Administrator that an exemption is needed based on national security consideration. (f) Acquisition requirement Federal agencies, to the extent practicable, shall obtain clean-fuel vehicles from original equipment manufacturers. (g) Authorization of appropriations There are authorized to be appropriated such sums as may be required to carry out the provi- sions of this section: Provided, That such sums as are appropriated for the Administrator of General Services pursuant to the authorization under this section shall be added to the General Supply Fund established in section 321 of title 40. (July 14, 1955, ch. 360, title II, § 248, as added Pub. L. 101–549, title II, § 229(a), Nov. 15, 1990, 104 Stat. 2524.) Editorial Notes CODIFICATION In subsec. (b), ‘‘sections 601–611 of title 40’’ sub- stituted for ‘‘section 211 of the Federal Property and Administrative Services Act of 1949’’, and, in subsec. (g), ‘‘the General Supply Fund established in section