
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7404]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                  SUBCHAPTER I--PROGRAMS AND ACTIVITIES
 
              Part A--Air Quality and Emission Limitations
 
Sec. 7404. Research relating to fuels and vehicles


(a) Research programs; grants; contracts; pilot and demonstration 
        plants; byproducts research

    The Administrator shall give special emphasis to research and 
development into new and improved methods, having industry-wide 
application, for the prevention and control of air pollution resulting 
from the combustion of fuels. In furtherance of such research and 
development he shall--
        (1) conduct and accelerate research programs directed toward 
    development of improved, cost-effective techniques for--
            (A) control of combustion byproducts of fuels,
            (B) removal of potential air pollutants from fuels prior to 
        combustion,
            (C) control of emissions from the evaporation of fuels,
            (D) improving the efficiency of fuels combustion so as to 
        decrease atmospheric emissions, and
            (E) producing synthetic or new fuels which, when used, 
        result in decreased atmospheric emissions.

        (2) provide for Federal grants to public or nonprofit agencies, 
    institutions, and organizations and to individuals, and contracts 
    with public or private agencies, institutions, or persons, for 
    payment of (A) part of the cost of acquiring, constructing, or 
    otherwise securing for research and development purposes, new or 
    improved devices or methods having industrywide application of 
    preventing or controlling discharges into the air of various types 
    of pollutants; (B) part of the cost of programs to develop low 
    emission alternatives to the present internal combustion engine; (C) 
    the cost to purchase vehicles and vehicle engines, or portions 
    thereof, for research, development, and testing purposes; and (D) 
    carrying out the other provisions of this section, without regard to 
    section 3324(a) and (b) of title 31 and section 5 of title 41: 
    Provided, That research or demonstration contracts awarded pursuant 
    to this subsection (including contracts for construction) may be 
    made in accordance with, and subject to the limitations provided 
    with respect to research contracts of the military departments in, 
    section 2353 of title 10, except that the determination, approval, 
    and certification required thereby shall be made by the 
    Administrator; Provided further, That no grant may be made under 
    this paragraph in excess of $1,500,000;
        (3) determine, by laboratory and pilot plant testing, the 
    results of air pollution research and studies in order to develop 
    new or improved processes and plant designs to the point where they 
    can be demonstrated on a large and practical scale;
        (4) construct, operate, and maintain, or assist in meeting the 
    cost of the construction, operation, and maintenance of new or 
    improved demonstration plants or processes which have promise of 
    accomplishing the purposes of this chapter;
        (5) study new or improved methods for the recovery and marketing 
    of commercially valuable byproducts resulting from the removal of 
    pollutants.

(b) Powers of Administrator in establishing research and development 
        programs

    In carrying out the provisions of this section, the Administrator 
may--
        (1) conduct and accelerate research and development of cost-
    effective instrumentation techniques to facilitate determination of 
    quantity and quality of air pollutant emissions, including, but not 
    limited to, automotive emissions;
        (2) utilize, on a reimbursable basis, the facilities of existing 
    Federal scientific laboratories;
        (3) establish and operate necessary facilities and test sites at 
    which to carry on the research, testing, development, and 
    programming necessary to effectuate the purposes of this section;
        (4) acquire secret processes, technical data, inventions, patent 
    applications, patents, licenses, and an interest in lands, plants, 
    and facilities, and other property or rights by purchase, license, 
    lease, or donation; and
        (5) cause on-site inspections to be made of promising domestic 
    and foreign projects, and cooperate and participate in their 
    development in instances in which the purposes of the chapter will 
    be served thereby.

(c) Clean alternative fuels

    The Administrator shall conduct a research program to identify, 
characterize, and predict air emissions related to the production, 
distribution, storage, and use of clean alternative fuels to determine 
the risks and benefits to human health and the environment relative to 
those from using conventional gasoline and diesel fuels. The 
Administrator shall consult with other Federal agencies to ensure 
coordination and to avoid duplication of activities authorized under 
this subsection.

(July 14, 1955, ch. 360, title I, Sec. 104, as added Pub. L. 90-148, 
Sec. 2, Nov. 21, 1967, 81 Stat. 487; amended Pub. L. 91-137, Dec. 5, 
1969, 83 Stat. 283; Pub. L. 91-604, Secs. 2(b), (c), 13(a), 15(c)(2), 
Dec. 31, 1970, 84 Stat. 1676, 1677, 1709, 1713; Pub. L. 93-15, 
Sec. 1(a), Apr. 9, 1973, 87 Stat. 11; Pub. L. 93-319, Sec. 13(a), June 
22, 1974, 88 Stat. 265; Pub. L. 101-549, title IX, Sec. 901(d), Nov. 15, 
1990, 104 Stat. 2706.)

                          Codification

    In subsec. (a)(2), ``section 3324(a) and (b) of title 31'' 
substituted for reference to section 3648 of the Revised Statutes (31 
U.S.C. 529) on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 
96 Stat. 1067, the first section of which enacted Title 31, Money and 
Finance.
    Section was formerly classified to section 1857b-1 of this title.


                            Prior Provisions

    A prior section 104 of act July 14, 1955, was renumbered section 105 
by Pub. L. 90-148 and is classified to section 7405 of this title.


                               Amendments

    1990--Subsecs. (a)(1), (b)(1). Pub. L. 101-549, Sec. 901(d)(1), 
substituted ``cost-effective'' for ``low-cost''.
    Subsec. (c). Pub. L. 101-549, Sec. 901(d)(2), amended subsec. (c) 
generally. Prior to amendment, subsec. (c) read as follows: ``For the 
purposes of this section there are authorized to be appropriated 
$75,000,000 for the fiscal year ending June 30, 1971, $125,000,000 for 
the fiscal year ending June 30, 1972, $150,000,000 for the fiscal year 
ending June 30, 1973, and $150,000,000 for the fiscal year ending June 
30, 1974, and $150,000,000 for the fiscal year ending June 30, 1975. 
Amounts appropriated pursuant to this subsection shall remain available 
until expended.''
    1974--Subsec. (c). Pub. L. 93-319 authorized appropriation of 
$150,000,000 for fiscal year ending June 30, 1975.
    1973--Subsec. (c). Pub. L. 93-15 authorized appropriation of 
$150,000,000 for fiscal year ending June 30, 1974.
    1970--Subsec. (a). Pub. L. 91-604, Sec. 15(c)(2), substituted 
``Administrator'' for ``Secretary''.
    Subsec. (a)(1). Pub. L. 91-604, Sec. 2(b), inserted provisions 
authorizing research programs directed toward development of techniques 
for improving the efficiency of fuels combustion so as to decrease 
atmospheric emissions, and producing synthetic or new fuels which result 
in decreased atmospheric emissions.
    Subsec. (a)(2). Pub. L. 91-604, Sec. 2(c), added cls. (B) and (C) 
and redesignated former cl. (B) as (D).
    Subsec. (b). Pub. L. 91-604, Sec. 15(c)(2), substituted 
``Administrator'' for ``Secretary''.
    Subsec. (c). Pub. L. 91-604, Sec. 13(a), substituted provisions 
authorizing appropriations for fiscal years ending June 30, 1971, 1972, 
and 1973, for provisions authorizing appropriations for fiscal years 
ending June 30, 1968 and 1969.
    1969--Subsec. (c). Pub. L. 91-137 authorized appropriation of 
$45,000,000 for fiscal year ending June 30, 1970.


            Hydrogen Fuel Cell Vehicle Study and Test Program

    Section 807 of Pub. L. 101-549 provided that: ``The Administrator of 
the Environmental Protection Agency, in conjunction with the National 
Aeronautics and Space Administration and the Department of Energy, shall 
conduct a study and test program on the development of a hydrogen fuel 
cell electric vehicle. The study and test program shall determine how 
best to transfer existing NASA hydrogen fuel cell technology into the 
form of a mass-producible, cost effective hydrogen fuel cell vehicle. 
Such study and test program shall include at a minimum a feasibility-
design study, the construction of a prototype, and a demonstration. This 
study and test program should be completed and a report submitted to 
Congress within 3 years after the enactment of the Clean Air Act 
Amendments of 1990 [Nov. 15, 1990]. This study and test program should 
be performed in the university or universities which are best exhibiting 
the facilities and expertise to develop such a fuel cell vehicle.''


              Combustion of Contaminated Used Oil in Ships

    Section 813 of Pub. L. 101-549 provided that: ``Within 2 years after 
the enactment of the Clean Air Act Amendments of 1990 [Nov. 15, 1990], 
the Administrator of the Environmental Protection Agency shall complete 
a study and submit a report to Congress evaluating the health and 
environmental impacts of the combustion of contaminated used oil in 
ships, the reasons for using such oil for such purposes, the 
alternatives to such use, the costs of such alternatives, and other 
relevant factors and impacts. In preparing such study, the Administrator 
shall obtain the view and comments of all interested persons and shall 
consult with the Secretary of Transportation and the Secretary of the 
department in which the Coast Guard is operating.''


 Extension to Aug. 31, 1970 of Authorization Period for Fiscal Year 1970

    Pub. L. 91-316, July 10, 1970, 84 Stat. 416, provided in part that 
the authorization contained in section 104(c) of the Clean Air Act 
[subsec. (c) of this section] for the fiscal year ending June 30, 1970, 
should remain available through Aug. 31, 1970, notwithstanding any 
provisions of this section.
