
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: 42USC7586]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
          SUBCHAPTER II--EMISSION STANDARDS FOR MOVING SOURCES
 
                       Part C--Clean Fuel Vehicles
 
Sec. 7586. Centrally fueled fleets


(a) Fleet program required for certain nonattainment 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 November 15, 1990, a State implementation plan revision under 
    section 7410 of this title and part D of subchapter I of this 
    chapter 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 nonattainment areas to be treated as 
        covered areas pursuant to this subparagraph, the Administrator 
        shall use the most recent interpretation methodology issued by 
        the Administrator 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 calendar 
        years 1988 and 1989 (as calculated according 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 mobile 
        sources do not contribute significantly to carbon monoxide 
        exceedances.

              (3) Plan revisions for reclassified areas

        In the case of ozone nonattainment areas reclassified as 
    Serious, Severe, or Extreme under part D of subchapter I of this 
    chapter 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 requirements applicable under this subsection at the 
    time of reclassification and thereafter, except 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 implementation 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, safety, 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 vehicles in model year 1998 and thereafter purchased 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        30%      50%      70%
 light-duty vehicles.........................
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 
purposes of this section, light duty \1\ trucks of up to 6,000 lbs. GVWR 
and light-duty vehicles manufactured in model years 1998 through model 
year 2000 shall be treated as clean-fuel vehicles only if such vehicles 
comply with the standards applicable under section 7583 of this title 
for vehicles in the same class for the model year 2001. The requirements 
of subsection (b) of this section shall take effect on the earlier of 
the following:
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    \1\ So in original. Probably should be ``light-duty''.
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        (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 comply 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) of this section is delayed 
pursuant to paragraph (1) of this subsection, the phase-in schedule 
under subsection (b) of this section 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 covered fleet operator subject to the requirements of this 
subsection.

(e) Availability of clean alternative fuel

    The plan revision shall require fuel providers to make clean 
alternative fuel available to covered fleet operators at locations at 
which covered 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 vehicles than required 
        under this section.
            (B) The purchase of clean fuel \2\ vehicles which meet more 
        stringent standards established by the Administrator pursuant to 
        paragraph (4).
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    \2\ So in original. Probably should be ``clean-fuel''.
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            (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 demonstrate 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 respect 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 subsection 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 adjusted 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 regulations for such credit program. The State 
    shall administer the credit program established under this 
    subsection.

       (4) Standards for issuing credits for cleaner vehicles

        Solely for purposes of issuing credits under paragraph (1)(B), 
    the Administrator shall establish 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 
    applicable to clean-fuel vehicles under this part. The Administrator 
    shall certify clean fuel \2\ vehicles 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 vehicles under 8,500 lbs. GVWR or greater shall 
    conform as closely as possible to standards which are established by 
    the State of California for ULEV and ZEV vehicles in the same class. 
    For vehicles of 8,500 lbs. GVWR or more, the Administrator shall 
    promulgate comparable standards for purposes of this subsection.

                       (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 department, 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 facilities.

(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 subsection shall apply 
notwithstanding subchapter I of this chapter.

(July 14, 1955, ch. 360, title II, Sec. 246, as added Pub. L. 101-549, 
title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2520.)

                  Section Referred to in Other Sections

    This section is referred to in sections 7512a, 7587, 7589 of this 
title.
