
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7589]

 
                 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. 7589. California pilot test program


(a) Establishment

    The Administrator shall establish a pilot program in the State of 
California to demonstrate the effectiveness of clean-fuel vehicles in 
controlling air pollution in ozone nonattainment areas.

(b) Applicability

    The provisions of this section shall only apply to light-duty trucks 
and light-duty vehicles, and such provisions shall apply only in the 
State of California, except as provided in subsection (f) of this 
section.

(c) Program requirements

    Not later than 24 months after November 15, 1990, the Administrator 
shall promulgate regulations establishing requirements under this 
section applicable in the State of California. The regulations shall 
provide the following:

                       (1) Clean-fuel vehicles

        Clean-fuel vehicles shall be produced, sold, and distributed (in 
    accordance with normal business practices and applicable franchise 
    agreements) to ultimate purchasers in California (including owners 
    of covered fleets referred to in section 7586 of this title) in 
    numbers that meet or exceed the following schedule:


------------------------------------------------------------------------
              Model Years                 Number of Clean-Fuel  Vehicles
------------------------------------------------------------------------
1996, 1997, 1998.......................  150,000 vehicles
1999 and thereafter....................  300,000 vehicles
------------------------------------------------------------------------

                     (2) Clean alternative fuels

        (A) Within 2 years after November 15, 1990, the State of 
    California shall submit a revision of the applicable implementation 
    plan under part D of subchapter I of this chapter and section 7410 
    of this title containing a clean fuel plan that requires that clean 
    alternative fuels on which the clean-fuel vehicles required under 
    this paragraph can operate shall be produced and distributed by fuel 
    suppliers and made available in California. At a minimum, sufficient 
    clean alternative fuels shall be produced, distributed and made 
    available to assure that all clean-fuel vehicles required under this 
    section can operate, to the maximum extent practicable, exclusively 
    on such fuels in California. The State shall require that clean 
    alternative fuels be made available and offered for sale at an 
    adequate number of locations with sufficient geographic distribution 
    to ensure convenient refueling with clean alternative fuels, 
    considering the number of, and type of, such vehicles sold and the 
    geographic distribution of such vehicles within the State. The State 
    shall determine the clean alternative fuels to be produced, 
    distributed, and made available based on motor vehicle 
    manufacturers' projections of future sales of such vehicles and 
    consultations with the affected local governments and fuel 
    suppliers.
        (B) The State may by regulation grant persons subject to the 
    requirements prescribed under this paragraph an appropriate amount 
    of credits for exceeding such requirements, and any person granted 
    credits may transfer some or all of the credits for use by one or 
    more persons in demonstrating compliance with such requirements. The 
    State may make the credits available for use after consideration of 
    enforceability, environmental, and economic factors and upon such 
    terms and conditions as the State finds appropriate.
        (C) The State may also by regulation establish specifications 
    for any clean alternative fuel produced and made available under 
    this paragraph as the State finds necessary to reduce or eliminate 
    an unreasonable risk to public health, welfare, or safety associated 
    with its use or to ensure acceptable vehicle maintenance and 
    performance characteristics.
        (D) If a retail gasoline dispensing facility would have to 
    remove or replace one or more motor vehicle fuel underground storage 
    tanks and accompanying piping in order to comply with the provisions 
    of this section, and it had removed and replaced such tank or tanks 
    and accompanying piping in order to comply with subtitle I of the 
    Solid Waste Disposal Act [42 U.S.C. 6991 et seq.] prior to November 
    15, 1990, it shall not be required to comply with this subsection 
    until a period of 7 years has passed from the date of the removal 
    and replacement of such tank or tanks.
        (E) Nothing in this section authorizes any State other than 
    California to adopt provisions regarding clean alternative fuels.
        (F) If the State of California fails to adopt a clean fuel 
    program that meets the requirements of this paragraph, the 
    Administrator shall, within 4 years after November 15, 1990, 
    establish a clean fuel program for the State of California under 
    this paragraph and section 7410(c) of this title that meets the 
    requirements of this paragraph.

(d) Credits for motor vehicle manufacturers

    (1) The Administrator may (by regulation) grant a motor vehicle 
manufacturer an appropriate amount of credits toward fulfillment of such 
manufacturer's share of the requirements of subsection (c)(1) of this 
section for any of the following (or any combination thereof):
        (A) The sale of more clean-fuel vehicles than required under 
    subsection (c)(1) of this section.
        (B) The sale of clean fuel \1\ vehicles which meet standards 
    established by the Administrator as provided in paragraph (3) which 
    are more stringent than the clean-fuel vehicle standards otherwise 
    applicable to such clean-fuel vehicle. A manufacturer granted 
    credits under this paragraph may transfer some or all of the credits 
    for use by one or more other manufacturers in demonstrating 
    compliance with the requirements prescribed under this paragraph. 
    The Administrator may make the credits available for use after 
    consideration of enforceability, environmental, and economic factors 
    and upon such terms and conditions as he finds appropriate. The 
    Administrator shall grant credits in accordance with this paragraph, 
    notwithstanding any requirements of State law or any credits granted 
    with respect to the same vehicles under any State law, rule, or 
    regulation.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``clean-fuel''.

    (2) Regulations and administration.--The Administrator shall 
administer the credit program established under this subsection. Within 
12 months after November 15, 1990, the Administrator shall promulgate 
regulations for such credit program.
    (3) Standards for issuing credits for cleaner vehicles.--The more 
stringent standards and other requirements (including requirements 
relating to the weighting of credits) established by the Administrator 
for purposes of the credit program under 7585(e) \2\ of this title 
(relating to credits for clean fuel \1\ vehicles in the fleets program) 
shall also apply for purposes of the credit program under this 
paragraph.
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    \2\ So in original. Probably should be ``section 7586(f)''.
---------------------------------------------------------------------------

(e) Program evaluation

    (1) Not later than June 30, 1994 and again in connection with the 
report under paragraph (2), the Administrator shall provide a report to 
the Congress on the status of the California Air Resources Board Low-
Emissions Vehicles and Clean Fuels Program. Such report shall examine 
the capability, from a technological standpoint, of motor vehicle 
manufacturers and motor vehicle fuel suppliers to comply with the 
requirements of such program and with the requirements of the California 
Pilot Program under this section.
    (2) Not later than June 30, 1998, the Administrator shall complete 
and submit a report to Congress on the effectiveness of the California 
pilot program under this section. The report shall evaluate the level of 
emission reductions achieved under the program, the costs of the 
program, the advantages and disadvantages of extending the program to 
other nonattainment areas, and desirability of continuing or expanding 
the program in California.
    (3) The program under this section cannot be extended or terminated 
by the Administrator except by Act of Congress enacted after November 
15, 1990. Section 7507 of this title does not apply to the program under 
this section.

(f) Voluntary opt-in for other States

                         (1) EPA regulations

        Not later than 2 years after November 15, 1990, the 
    Administrator shall promulgate regulations establishing a voluntary 
    opt-in program under this subsection pursuant to which--
            (A) clean-fuel vehicles which are required to be produced, 
        sold, and distributed in the State of California under this 
        section, and
            (B) clean alternative fuels required to be produced and 
        distributed under this section by fuel suppliers and made 
        available in California \3\
---------------------------------------------------------------------------
    \3\ So in original. Probably should be followed by a comma.

    may also be sold and used in other States which submit plan 
    revisions under paragraph (2).

                         (2) Plan revisions

        Any State in which there is located all or part of an ozone 
    nonattainment area classified under subpart D of subchapter I of 
    this chapter as Serious, Severe, or Extreme may submit a revision of 
    the applicable implementation plan under part D of subchapter I of 
    this chapter and section 7410 of this title to provide incentives 
    for the sale or use in such an area or State of clean-fuel vehicles 
    which are required to be produced, sold, and distributed in the 
    State of California, and for the use in such an area or State of 
    clean alternative fuels required to be produced and distributed by 
    fuel suppliers and made available in California. Such plan 
    provisions shall not take effect until 1 year after the State has 
    provided notice of such provisions to motor vehicle manufacturers 
    and to fuel suppliers.

                           (3) Incentives

        The incentives referred to in paragraph (2) may include any or 
    all of the following:
            (A) A State registration fee on new motor vehicles 
        registered in the State which are not clean-fuel vehicles in the 
        amount of at least 1 percent of the cost of the vehicle. The 
        proceeds of such fee shall be used to provide financial 
        incentives to purchasers of clean-fuel vehicles and to vehicle 
        dealers who sell high volumes or high percentages of clean-fuel 
        vehicles and to defray the administrative costs of the incentive 
        program.
            (B) Provisions to exempt clean-fuel vehicles from high 
        occupancy vehicle or trip reduction requirements.
            (C) Provisions to provide preference in the use of existing 
        parking spaces for clean-fuel vehicles.

    The incentives under this paragraph shall not apply in the case of 
    covered fleet vehicles.

                 (4) No sales or production mandate

        The regulations and plan revisions under paragraphs (1) and (2) 
    shall not include any production or sales mandate for clean-fuel 
    vehicles or clean alternative fuels. Such regulations and plan 
    revisions shall also provide that vehicle manufacturers and fuel 
    suppliers may not be subject to penalties or sanctions for failing 
    to produce or sell clean-fuel vehicles or clean alternative fuels.

(July 14, 1955, ch. 360, title II, Sec. 249, as added Pub. L. 101-549, 
title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2525.)

                       References in Text

    The Solid Waste Disposal Act, referred to in subsec. (c)(2)(D), is 
title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended 
generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795. 
Subtitle I of the Act is classified generally to subchapter IX 
(Sec. 6991 et seq.) of chapter 82 of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 6901 of this title and Tables.
    November 15, 1990, referred to in subsec. (e)(3), was in the 
original ``the date of the Clean Air Act Amendments of 1990'', which was 
translated as meaning the date of enactment of Pub. L. 101-549, which 
enacted this section, to reflect the probable intent of Congress.
