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US (United States) Code. Title 42. Chapter 85: Air pollution prevention and control

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-CITE-

42 USC Sec. 7581 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 7581. Definitions

-STATUTE-

For purposes of this part -

(1) Terms defined in part A

The definitions applicable to part A under section 7550 of this

title shall also apply for purposes of this part.

(2) Clean alternative fuel

The term "clean alternative fuel" means any fuel (including

methanol, ethanol, or other alcohols (including any mixture

thereof containing 85 percent or more by volume of such alcohol

with gasoline or other fuels), reformulated gasoline, diesel,

natural gas, liquefied petroleum gas, and hydrogen) or power

source (including electricity) used in a clean-fuel vehicle that

complies with the standards and requirements applicable to such

vehicle under this subchapter when using such fuel or power

source. In the case of any flexible fuel vehicle or dual fuel

vehicle, the term "clean alternative fuel" means only a fuel with

respect to which such vehicle was certified as a clean-fuel

vehicle meeting the standards applicable to clean-fuel vehicles

under section 7583(d)(2) of this title when operating on clean

alternative fuel (or any CARB standards which replaces such

standards pursuant to section 7583(e) of this title).

(3) NMOG

The term nonmethane organic gas ("NMOG") means the sum of

nonoxygenated and oxygenated hydrocarbons contained in a gas

sample, including, at a minimum, all oxygenated organic gases

containing 5 or fewer carbon atoms (i.e., aldehydes, ketones,

alcohols, ethers, etc.), and all known alkanes, alkenes, alkynes,

and aromatics containing 12 or fewer carbon atoms. To demonstrate

compliance with a NMOG standard, NMOG emissions shall be measured

in accordance with the "California Non-Methane Organic Gas Test

Procedures". In the case of vehicles using fuels other than base

gasoline, the level of NMOG emissions shall be adjusted based on

the reactivity of the emissions relative to vehicles using base

gasoline.

(4) Base gasoline

The term "base gasoline" means gasoline which meets the

following specifications:

Specifications of Base Gasoline Used

as Basis for Reactivity Readjustment:

API gravity 57.8

Sulfur, ppm 317

Color Purple

Benzene, vol. % 1.35

Reid vapor pressure 8.7

Drivability 1195

Antiknock index 87.3

Distillation, D-86 ºF

IBP 92

10% 126

50% 219

90% 327

EP 414

Hydrocarbon Type, Vol. % FIA:

Aromatics 30.9

Olefins 8.2

Saturates 60.9

The Administrator shall modify the definitions of NMOG, base

gasoline, and the methods for making reactivity adjustments, to

conform to the definitions and method used in California under

the Low-Emission Vehicle and Clean Fuel Regulations of the

California Air Resources Board, so long as the California

definitions are, in the aggregate, at least as protective of

public health and welfare as the definitions in this section.

(5) Covered fleet

The term "covered fleet" means 10 or more motor vehicles which

are owned or operated by a single person. In determining the

number of vehicles owned or operated by a single person for

purposes of this paragraph, all motor vehicles owned or operated,

leased or otherwise controlled by such person, by any person who

controls such person, by any person controlled by such person,

and by any person under common control with such person shall be

treated as owned by such person. The term "covered fleet" shall

not include motor vehicles held for lease or rental to the

general public, motor vehicles held for sale by motor vehicle

dealers (including demonstration vehicles), motor vehicles used

for motor vehicle manufacturer product evaluations or tests, law

enforcement and other emergency vehicles, or nonroad vehicles

(including farm and construction vehicles).

(6) Covered fleet vehicle

The term "covered fleet vehicle" means only a motor vehicle

which is -

(i) in a vehicle class for which standards are applicable

under this part; and

(ii) in a covered fleet which is centrally fueled (or capable

of being centrally fueled).

No vehicle which under normal operations is garaged at a personal

residence at night shall be considered to be a vehicle which is

capable of being centrally fueled within the meaning of this

paragraph.

(7) Clean-fuel vehicle

The term "clean-fuel vehicle" means a vehicle in a class or

category of vehicles which has been certified to meet for any

model year the clean-fuel vehicle standards applicable under this

part for that model year to clean-fuel vehicles in that class or

category.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 241, as added Pub. L.

101-549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2511.)

-End-

-CITE-

42 USC Sec. 7582 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 7582. Requirements applicable to clean-fuel vehicles

-STATUTE-

(a) Promulgation of standards

Not later than 24 months after November 15, 1990, the

Administrator shall promulgate regulations under this part

containing clean-fuel vehicle standards for the clean-fuel vehicles

specified in this part.

(b) Other requirements

Clean-fuel vehicles of up to 8,500 gvwr subject to standards set

forth in this part shall comply with all motor vehicle requirements

of this subchapter (such as requirements relating to on-board

diagnostics, evaporative emissions, etc.) which are applicable to

conventional gasoline-fueled vehicles of the same category and

model year, except as provided in section 7584 of this title with

respect to administration and enforcement, and except to the extent

that any such requirement is in conflict with the provisions of

this part. Clean-fuel vehicles of 8,500 gvwr or greater subject to

standards set forth in this part shall comply with all requirements

of this subchapter which are applicable in the case of conventional

gasoline-fueled or diesel fueled vehicles of the same category and

model year, except as provided in section 7584 of this title with

respect to administration and enforcement, and except to the extent

that any such requirement is in conflict with the provisions of

this part.

(1) In the case of light-duty vehicles and light-duty trucks up

to 6,000 lbs gvwr, the useful life for purposes of determining

in-use compliance with the standards under section 7583 of this

title shall be -

(A) a period of 5 years or 50,000 miles (or the equivalent)

whichever first occurs, in the case of standards applicable for

purposes of certification at 50,000 miles; and

(B) a period of 10 years or 100,000 miles (or the equivalent)

whichever first occurs, in the case of standards applicable for

purposes of certification at 100,000 miles, except that in-use

testing shall not be done for a period beyond 7 years or 75,000

miles (or the equivalent) whichever first occurs.

(2) In the case of light-duty trucks of more than 6,000 lbs gvwr,

the useful life for purposes of determining in-use compliance with

the standards under section 7583 of this title shall be -

(A) a period of 5 years or 50,000 miles (or the equivalent)

whichever first occurs in the case of standards applicable for

purposes of certification at 50,000 miles; and

(B) a period of 11 years or 120,000 miles (or the equivalent)

whichever first occurs in the case of standards applicable for

purposes of certification at 120,000 miles, except that in-use

testing shall not be done for a period beyond 7 years or 90,000

miles (or the equivalent) whichever first occurs.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 242, as added Pub. L.

101-549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2513.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7583, 7587 of this title.

-End-

-CITE-

42 USC Sec. 7583 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 7583. Standards for light-duty clean-fuel vehicles

-STATUTE-

(a) Exhaust standards for light-duty vehicles and certain

light-duty trucks

The standards set forth in this subsection shall apply in the

case of clean-fuel vehicles which are light-duty trucks of up to

6,000 lbs. gross vehicle weight rating (gvwr) (but not including

light-duty trucks of more than 3,750 lbs. loaded vehicle weight

(lvw)) or light-duty vehicles:

(1) Phase I

Beginning with model year 1996, for the air pollutants

specified in the following table, the clean-fuel vehicle

standards under this section shall provide that vehicle exhaust

emissions shall not exceed the levels specified in the following

table:

PHASE I CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT-DUTY TRUCKS

OF UP TO 3,750 LBS. LVW AND UP TO 6,000 LBS. GVWR AND LIGHT-DUTY

VEHICLES

--------------------------------------------------------------------

Pollutant NMOG CO NO PM HCHO

G5x (

formald

ehyde)

--------------------------------------------------------------------

50,000 mile standard 0.125 3.4 0.4 0.015

100,000 mile standard 0.156 4.2 0.6 0.08* 0.018

Standards are expressed in grams per mile (gpm).

*Standards for particulates (PM) shall apply only to

diesel-fueled vehicles.

In the case of the 50,000 mile standards and the 100,000 mile

standards, for purposes of certification, the applicable useful

life shall be 50,000 miles or 100,000 miles, respectively.

--------------------------------------------------------------------

(2) Phase II

Beginning with model year 2001, for air pollutants specified in

the following table, the clean-fuel vehicle standards under this

section shall provide that vehicle exhaust emissions shall not

exceed the levels specified in the following table.

PHASE II CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT-DUTY

TRUCKS OF UP TO 3,750 LBS. LVW AND UP TO 6,000 LBS. GVWR AND

LIGHT-DUTY VEHICLES

--------------------------------------------------------------------

Pollutant NMOG CO NO PM* HCHO

G5x (

formald

ehyde)

--------------------------------------------------------------------

50,000 mile standard 0.075 3.4 0.2 0.015

100,000 mile standard 0.090 4.2 0.3 0.08 0.018

Standards are expressed in grams per mile (gpm).

*Standards for particulates (PM) shall apply only to

diesel-fueled vehicles.

In the case of the 50,000 mile standards and the 100,000 mile

standards, for purposes of certification, the applicable useful

life shall be 50,000 miles or 100,000 miles, respectively.

--------------------------------------------------------------------

(b) Exhaust standards for light-duty trucks of more than 3,750 lbs.

LVW and up to 5,750 lbs. LVW and up to 6,000 lbs. GVWR

The standards set forth in this paragraph shall apply in the case

of clean-fuel vehicles which are light-duty trucks of more than

3,750 lbs. loaded vehicle weight (lvw) but not more than 5,750 lbs.

lvw and not more than 6,000 lbs. gross weight rating (GVWR):

(1) Phase I

Beginning with model year 1996, for the air pollutants

specified in the following table, the clean-fuel vehicle

standards under this section shall provide that vehicle exhaust

emissions shall not exceed the levels specified in the following

table.

PHASE I CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT-DUTY TRUCKS

OF MORE THAN 3,750 LBS. AND UP TO 5,750 LBS. LVW AND UP TO 6,000

LBS. GVWR

--------------------------------------------------------------------

Pollutant NMOG CO NO PM* HCHO

G5x (

formald

ehyde)

--------------------------------------------------------------------

50,000 mile standard 0.160 4.4 0.7 0.018

100,000 mile standard 0.200 5.5 0.9 0.08 0.023

Standards are expressed in grams per mile (gpm).

*Standards for particulates (PM) shall apply only to

diesel-fueled vehicles.

In the case of the 50,000 mile standards and the 100,000 mile

standards, for purposes of certification, the applicable useful

life shall be 50,000 miles or 100,000 miles, respectively.

--------------------------------------------------------------------

(2) Phase II

Beginning with model year 2001, for the air pollutants

specified in the following table, the clean-fuel vehicle

standards under this section shall provide that vehicle exhaust

emissions shall not exceed the levels specified in the following

table.

PHASE II CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT-DUTY

TRUCKS OF MORE THAN 3,750 LBS. LVW AND UP TO 5,750 LBS. LVW AND UP

TO 6,000 LBS. GVWR

--------------------------------------------------------------------

Pollutant NMOG CO NO PM* HCHO

G5x (

formald

ehyde)

--------------------------------------------------------------------

50,000 mile standard 0.100 4.4 0.4 0.018

100,000 mile standard 0.130 5.5 0.5 0.08 0.023

Standards are expressed in grams per mile (gpm).

*Standards for particulates (PM) shall apply only to

diesel-fueled vehicles.

In the case of the 50,000 mile standards and the 100,000 mile

standards, for purposes of certification, the applicable useful

life shall be 50,000 miles or 100,000 miles, respectively.

--------------------------------------------------------------------

GVWR

The standards set forth in this subsection shall apply in the

case of clean-fuel vehicles which are light-duty trucks of more

than 6,000 lbs. gross weight rating (GVWR) and less than or equal

to 8,500 lbs. GVWR, beginning with model year 1998. For the air

pollutants specified in the following table, the clean-fuel vehicle

standards under this section shall provide that vehicle exhaust

emissions of vehicles within the test weight categories specified

in the following table shall not exceed the levels specified in

such table.

CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT DUTY TRUCKS GREATER

THAN 6,000 LBS. GVWR

TEST WEIGHT CATEGORY: UP TO 3,750 LBS. TW

--------------------------------------------------------------------

Pollutant NMOG CO NOG5x PM* HCHO

(

formald

ehyde)

--------------------------------------------------------------------

50,000 mile standard 0.125 3.4 0.4** 0.015

120,000 mile standard 0.180 5.0 0.6 0.08 0.022

--------------------------------------------------------------------

TEST WEIGHT CATEGORY: ABOVE 3,750 BUT NOT ABOVE 5,750 LBS. TW

--------------------------------------------------------------------

Pollutant NMOG CO NOG5x PM* HCHO

(

formald

ehyde)

--------------------------------------------------------------------

50,000 mile standard 0.160 4.4 0.7** 0.018

120,000 mile standard 0.230 6.4 1.0 0.10 0.027

--------------------------------------------------------------------

TEST WEIGHT CATEGORY: ABOVE 5,750 TW BUT NOT ABOVE 8,500 LBS. GVWR

--------------------------------------------------------------------

Pollutant NMOG CO NOG5x PM* HCHO

(

formald

ehyde)

--------------------------------------------------------------------

50,000 mile standard 0.195 5.0 1.1** 0.022

120,000 mile standard 0.280 7.3 1.5 0.12 0.032

Standards are expressed in grams per mile (gpm).

*Standards for particulates (PM) shall apply only to

diesel-fueled vehicles.

**Standard not applicable to diesel-fueled vehicles.

For the 50,000 mile standards and the 120,000 mile standards set

forth in the table, the applicable useful life for purposes of

certification shall be 50,000 miles or 120,000 miles, respectively.

--------------------------------------------------------------------

(d) Flexible and dual-fuel vehicles

(1) In general

The Administrator shall establish standards and requirements

under this section for the model year 1996 and thereafter for

vehicles weighing not more than 8,500 lbs. gvwr which are capable

of operating on more than one fuel. Such standards shall require

that such vehicles meet the exhaust standards applicable under

subsection (!1) (a), (b), and (c) of this section for CO, NOG5x,

and HCHO, and if appropriate, PM for single-fuel vehicles of the

same vehicle category and model year.

(2) Exhaust NMOG standard for operation on clean alternative fuel

In addition to standards for the pollutants referred to in

paragraph (1), the standards established under paragraph (1)

shall require that vehicle exhaust emissions of NMOG not exceed

the levels (expressed in grams per mile) specified in the tables

below when the vehicle is operated on the clean alternative fuel

for which such vehicle is certified:

NMOG STANDARDS FOR FLEXIBLE- AND DUAL-FUELED VEHICLES WHEN

OPERATING ON CLEAN ALTERNATIVE FUEL

LIGHT-DUTY TRUCKS UP TO 6,000 LBS. GVWR AND LIGHT-DUTY VEHICLES

--------------------------------------------------------------------

Vehicle Type Column A Column B

(50,000 (100,000

mi.) mi.)

Standard Standard

(gpm) (gpm)

--------------------------------------------------------------------

Beginning MY 1996:

LDT's (0-3,750 lbs. LVW) and 0.125 0.156

light-duty vehicles

LDT's (3,751-5,750 lbs. LVW) 0.160 0.20

Beginning MY 2001:

LDT's (0-3,750 lbs. LVW) and 0.075 0.090

light-duty vehicles

LDT's (3,751-5,750 lbs. LVW) 0.100 0.130

For standards under column A, for purposes of certification under

section 7525 of this title, the applicable useful life shall be

50,000 miles.

For standards under column B, for purposes of certification under

section 7525 of this title, the applicable useful life shall be

100,000 miles.

--------------------------------------------------------------------

LIGHT-DUTY TRUCKS MORE THAN 6,000 LBS. GVWR

--------------------------------------------------------------------

Vehicle Type Column A Column B

(50,000 (120,000

mi.) mi.)

Standard Standard

--------------------------------------------------------------------

Beginning MY 1998:

LDT's (0-3,750 lbs. TW) 0.125 0.180

LDT's (3,751-5,750 lbs. TW) 0.160 0.230

LDT's (above 5,750 lbs. TW) 0.195 0.280

For standards under column A, for purposes of certification under

section 7525 of this title, the applicable useful life shall be

50,000 miles.

For standards under column B, for purposes of certification under

section 7525 of this title, the applicable useful life shall be

120,000 miles.

--------------------------------------------------------------------

(3) NMOG standard for operation on conventional fuel

In addition to the standards referred to in paragraph (1), the

standards established under paragraph (1) shall require that

vehicle exhaust emissions of NMOG not exceed the levels

(expressed in grams per mile) specified in the tables below:

NMOG STANDARDS FOR FLEXIBLE- AND DUAL-FUELED VEHICLES WHEN

OPERATING ON CONVENTIONAL FUEL

LIGHT-DUTY TRUCKS OF UP TO 6,000 LBS. GVWR AND LIGHT-DUTY VEHICLES

--------------------------------------------------------------------

Vehicle Type Column A Column B

(50,000 (100,000

mi.) mi.)

Standard Standard

(gpm) (gpm)

--------------------------------------------------------------------

Beginning MY 1996:

LDT's (0-3,750 lbs. LVW) and 0.25 0.31

light-duty vehicles

LDT's (3,751-5,750 lbs. LVW) 0.32 0.40

Beginning MY 2001:

LDT's (0-3,750 lbs. LVW) and 0.125 0.156

light-duty vehicles

LDT's (3,751-5,750 lbs. LVW) 0.160 0.200

For standards under column A, for purposes of certification under

section 7525 of this title, the applicable useful life shall be

50,000 miles.

For standards under column B, for purposes of certification under

section 7525 of this title, the applicable useful life shall be

100,000 miles.

--------------------------------------------------------------------

LIGHT-DUTY TRUCKS OF UP TO 6,000 LBS. GVWR

--------------------------------------------------------------------

Vehicle Type Column A Column B

(50,000 (120,000

mi.) mi.)

Standard Standard

--------------------------------------------------------------------

Beginning MY 1998:

LDT's (0-3,750 lbs. TW) 0.25 0.36

LDT's (3,751-5,750 lbs. TW) 0.32 0.46

LDT's (above 5,750 lbs. TW) 0.39 0.56

For standards under column A, for purposes of certification under

section 7525 of this title, the applicable useful life shall be

50,000 miles.

For standards under column B, for purposes of certification under

section 7525 of this title, the applicable useful life shall be

120,000 miles.

--------------------------------------------------------------------

(e) Replacement by CARB standards

(1) Single set of CARB standards

If the State of California promulgates regulations establishing

and implementing a single set of standards applicable in

California pursuant to a waiver approved under section 7543 of

this title to any category of vehicles referred to in subsection

(a), (b), (c), or (d) of this section and such set of standards

is, in the aggregate, at least as protective of public health and

welfare as the otherwise applicable standards set forth in

section 7582 of this title and subsection (a), (b), (c), or (d)

of this section, such set of California standards shall apply to

clean-fuel vehicles in such category in lieu of the standards

otherwise applicable under section 7582 of this title and

subsection (a), (b), (c), or (d) of this section, as the case may

be.

(2) Multiple sets of CARB standards

If the State of California promulgates regulations establishing

and implementing several different sets of standards applicable

in California pursuant to a waiver approved under section 7543 of

this title to any category of vehicles referred to in subsection

(a), (b), (c), or (d) of this section and each of such sets of

California standards is, in the aggregate, at least as protective

of public health and welfare as the otherwise applicable

standards set forth in section 7582 of this title and subsection

(a), (b), (c), or (d) of this section, such standards shall be

treated as "qualifying California standards" for purposes of this

paragraph. Where more than one set of qualifying standards are

established and administered by the State of California, the

least stringent set of qualifying California standards shall

apply to the clean-fuel vehicles concerned in lieu of the

standards otherwise applicable to such vehicles under section

7582 of this title and this section.

(f) Less stringent CARB standards

If the Low-Emission Vehicle and Clean Fuels Regulations of the

California Air Resources Board applicable to any category of

vehicles referred to in subsection (a), (b), (c), or (d) of this

section are modified after November 15, 1990, to provide an

emissions standard which is less stringent than the otherwise

applicable standard set forth in subsection (a), (b), (c), or (d)

of this section, or if any effective date contained in such

regulations is delayed, such modified standards or such delay (or

both, as the case may be) shall apply, for an interim period, in

lieu of the standard or effective date otherwise applicable under

subsection (a), (b), (c), or (d) of this section to any vehicles

covered by such modified standard or delayed effective date. The

interim period shall be a period of not more than 2 model years

from the effective date otherwise applicable under subsection (a),

(b), (c), or (d) of this section. After such interim period, the

otherwise applicable standard set forth in subsection (a), (b),

(c), or (d) of this section shall take effect with respect to such

vehicles (unless subsequently replaced under subsection (e) of this

section).

(g) Not applicable to heavy-duty vehicles

Notwithstanding any provision of the Low-Emission Vehicle and

Clean Fuels Regulations of the California Air Resources Board

nothing in this section shall apply to heavy-duty engines in

vehicles of more than 8,500 lbs. GVWR.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 243, as added Pub. L.

101-549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2514.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7581, 7582, 7586, 7587 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be "subsections".

-End-

-CITE-

42 USC Sec. 7584 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 7584. Administration and enforcement as per California

standards

-STATUTE-

Where the numerical clean-fuel vehicle standards applicable under

this part to vehicles of not more than 8,500 lbs. GVWR are the same

as numerical emission standards applicable in California under the

Low-Emission Vehicle and Clean Fuels Regulations of the California

Air Resources Board ("CARB"), such standards shall be administered

and enforced by the Administrator -

(1) in the same manner and with the same flexibility as the

State of California administers and enforces corresponding

standards applicable under the Low-Emission Vehicle and Clean

Fuels Regulations of the California Air Resources Board ("CARB");

and

(2) subject to the same requirements, and utilizing the same

interpretations and policy judgments, as are applicable in the

case of such CARB standards, including, but not limited to,

requirements regarding certification, production-line testing,

and in-use compliance,

unless the Administrator determines (in promulgating the rules

establishing the clean fuel vehicle program under this section)

that any such administration and enforcement would not meet the

criteria for a waiver under section 7543 of this title. Nothing in

this section shall apply in the case of standards under section

7585 of this title for heavy-duty vehicles.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 244, as added Pub. L.

101-549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2519.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7582, 7587 of this title.

-End-

-CITE-

42 USC Sec. 7585 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 7585. Standards for heavy-duty clean-fuel vehicles (GVWR above

8,500 up to 26,000 lbs.)

-STATUTE-

(a) Model years after 1997; combined NOG5x and NMHC standard

For classes or categories of heavy-duty vehicles or engines

manufactured for the model year 1998 or thereafter and having a

GVWR greater than 8,500 lbs. and up to 26,000 lbs. GVWR, the

standards under this part for clean-fuel vehicles shall require

that combined emissions of oxides of nitrogen (NOG5x) and

nonmethane hydrocarbons (NMHC) shall not exceed 3.15 grams per

brake horsepower hour (equivalent to 50 percent of the combined

emission standards applicable under section 7521 of this title for

such air pollutants in the case of a conventional model year 1994

heavy-duty diesel-fueled vehicle or engine). No standard shall be

promulgated as provided in this section for any heavy-duty vehicle

of more than 26,000 lbs. GVWR.

(b) Revised standards that are less stringent

(1) The Administrator may promulgate a revised less stringent

standard for the vehicles or engines referred to in subsection (a)

of this section if the Administrator determines that the 50 percent

reduction required under subsection (a) of this section is not

technologically feasible for clean diesel-fueled vehicles and

engines, taking into account durability, costs, lead time, safety,

and other relevant factors. To provide adequate lead time the

Administrator shall make a determination with regard to the

technological feasibility of such 50 percent reduction before

December 31, 1993.

(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 petition is filed.

(3) Any revised less stringent standards promulgated as provided

in this subsection shall require at least a 30 percent reduction in

lieu of the 50 percent reduction referred to in paragraph (1).

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 245, as added Pub. L.

101-549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2519.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7584, 7587, 7589 of this

title.

-End-

-CITE-

42 USC Sec. 7586 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 7586. Centrally fueled fleets

-STATUTE-

(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 30% 50% 70%

and light-duty vehicles

Heavy-duty trucks above 8,500 lbs. GVWR 50% 50% 50%

The term MY refers to model year.

--------------------------------------------------------------------

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:

(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).

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.

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.

-SOURCE-

(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.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

title.

-FOOTNOTE-

(!1) So in original. Probably should be "light-duty".

(!2) So in original. Probably should be "clean-fuel".

-End-

-CITE-

42 USC Sec. 7587 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 7587. Vehicle conversions

-STATUTE-

(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 applicable

requirements of that section. For purposes of such provisions the

conversion of a vehicle to clean fuel (!1) vehicle shall be treated

as the purchase of a clean fuel (!1) vehicle. Nothing in this part

shall be construed to provide that any covered fleet operator

subject to fleet vehicle purchase 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 requirements of this subchapter

applicable to new vehicles, promulgate regulations governing

conversions of conventional vehicles to clean-fuel vehicles. Such

regulations shall establish criteria for such conversions which

will ensure that a converted vehicle will comply with the standards

applicable under this part to clean-fuel vehicles. Such regulations

shall provide for the application to such conversions of the same

provisions of this subchapter (including provisions relating to

administration enforcement) as are applicable to standards under

section (!2) 7582, 7583, 7584, and 7585 of this title, except that

in the case of conversions the Administrator may modify the

applicable regulations implementing such provisions as the

Administrator deems necessary to implement this part.

Any person who converts conventional vehicles to clean fuel (!1)

vehicles pursuant to subsection (b) of this section, 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 required under this part. Nothing in this paragraph shall

limit the applicability of any other warranty to unrelated parts or

operations.

(d) Tampering

The conversion from a vehicle capable of operating 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 conversion

complies with the regulations promulgated under subsection (b) of

this section.

(e) Safety

The Secretary of Transportation shall, if necessary, promulgate

rules under applicable motor vehicle laws regarding the safety of

vehicles converted from existing and new vehicles to clean-fuel

vehicles.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 247, as added Pub. L.

101-549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2523.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13236, 13257 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "clean-fuel".

(!2) So in original. Probably should be "sections".

-End-

-CITE-

42 USC Sec. 7588 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 7588. Federal agency fleets

-STATUTE-

(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 operated by an agency, department, or

instrumentality of the United States, except as otherwise provided

in subsection (e) of this section.

(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

reimbursed by Federal agencies if the Administrator of General

Services determines that appropriations provided pursuant to this

paragraph are sufficient to provide for the incremental cost of

such vehicles over the cost of comparable conventional vehicles.

Funds appropriated pursuant to the authorization under this

paragraph shall be applicable only -

(1) to the portion of the cost of acquisition, maintenance and

operation of vehicles acquired under this subparagraph which

exceeds the cost of acquisition, maintenance and operation 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 purposes required for conventional vehicles; and

(3) to the portion of the costs of acquisition of clean-fuel

vehicles which represents a reduction 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 conventional 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 provisions 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.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 248, as added Pub. L.

101-549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2524.)

-COD-

CODIFICATION

In subsec. (b), "sections 601-611 of title 40" substituted for

"section 211 of the Federal Property and Administrative Services

Act of 1949", and, in subsec. (g), "the General Supply Fund

established in section 321 of title 40" substituted for "the

General Supply Fund established in section 109 of the Federal

Property and Administrative Services Act of 1949", on authority of

Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the

first section of which enacted Title 40, Public Buildings,

Property, and Works.

-End-

-CITE-

42 USC Sec. 7589 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 7589. California pilot test program

-STATUTE-

(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.

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.

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.

(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.

(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)

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.

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.

-SOURCE-

(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.)

-REFTEXT-

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.

-FOOTNOTE-

(!1) So in original. Probably should be "clean-fuel".

(!2) So in original. Probably should be "section 7586(f)".

(!3) So in original. Probably should be followed by a comma.

-End-

-CITE-

42 USC Sec. 7590 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 7590. General provisions

-STATUTE-

(a) State refueling facilities

If any State adopts enforceable provisions in an implementation

plan applicable to a nonattainment area which provides that

existing State refueling facilities will be made available to the

public for the purchase of clean alternative fuels or that

State-operated refueling facilities for such fuels will be

constructed and operated by the State and made available to the

public at reasonable times, taking into consideration safety,

costs, and other relevant factors, in approving such plan under

section 7410 of this title and part D,(!1) the Administrator may

credit a State with the emission reductions for purposes of part D

(!1) attributable to such actions.

(b) No production mandate

The Administrator shall have no authority under this part to

mandate the production of clean-fuel vehicles except as provided in

the California pilot test program or to specify as applicable the

models, lines, or types of, or marketing or price practices,

policies, or strategies for, vehicles subject to this part. Nothing

in this part shall be construed to give the Administrator authority

to mandate marketing or pricing practices, policies, or strategies

for fuels.

The Secretary of Transportation shall, in accordance with chapter

301 of title 49, promulgate applicable regulations regarding the

safety and use of fuel storage cylinders and fuel systems,

including appropriate testing and retesting, in conversions of

motor vehicles.

(d) Consultation with Department of Energy and Department of

Transportation

The Administrator shall coordinate with the Secretaries of the

Department of Energy and the Department of Transportation in

carrying out the Administrator's duties under this part.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 250, as added Pub. L.

101-549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2528.)

-COD-

CODIFICATION

In subsec. (c), "chapter 301 of title 49" substituted for "the

National Motor Vehicle Traffic Safety Act of 1966 [15 U.S.C. 1381

et seq.]", meaning "the National Traffic and Motor Vehicle Safety

Act of 1966 [15 U.S.C. 1381 et seq.]", on authority of Pub. L.

103-272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first section

of which enacted subtitles II, III, and V to X of Title 49,

Transportation.

-FOOTNOTE-

(!1) So in original. Probably should be "part D of subchapter I of

this chapter".

-End-

-CITE-

42 USC SUBCHAPTER III - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER III - GENERAL PROVISIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 7413 of this title.

-End-

-CITE-

42 USC Sec. 7601 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7601. Administration

-STATUTE-

(a) Regulations; delegation of powers and duties; regional officers

and employees

(1) The Administrator is authorized to prescribe such regulations

as are necessary to carry out his functions under this chapter. The

Administrator may delegate to any officer or employee of the

Environmental Protection Agency such of his powers and duties under

this chapter, except the making of regulations subject to section

7607(d) of this title, as he may deem necessary or expedient.

(2) Not later than one year after August 7, 1977, the

Administrator shall promulgate regulations establishing general

applicable procedures and policies for regional officers and

employees (including the Regional Administrator) to follow in

carrying out a delegation under paragraph (1), if any. Such

regulations shall be designed -

(A) to assure fairness and uniformity in the criteria,

procedures, and policies applied by the various regions in

implementing and enforcing the chapter;

(B) to assure at least an adequate quality audit of each

State's performance and adherence to the requirements of this

chapter in implementing and enforcing the chapter, particularly

in the review of new sources and in enforcement of the chapter;

and

inconsistent or varying criteria, procedures, and policies being

employed by such officers and employees in implementing and

enforcing the chapter.

(b) Detail of Environmental Protection Agency personnel to air

pollution control agencies

Upon the request of an air pollution control agency, personnel of

the Environmental Protection Agency may be detailed to such agency

for the purpose of carrying out the provisions of this chapter.

Payments under grants made under this chapter may be made in

installments, and in advance or by way of reimbursement, as may be

determined by the Administrator.

(d) Tribal authority

(1) Subject to the provisions of paragraph (2), the Administrator

(A) is authorized to treat Indian tribes as States under this

chapter, except for purposes of the requirement that makes

available for application by each State no less than one-half of

1 percent of annual appropriations under section 7405 of this

title; and

(B) may provide any such Indian tribe grant and contract

assistance to carry out functions provided by this chapter.

(2) The Administrator shall promulgate regulations within 18

months after November 15, 1990, specifying those provisions of this

chapter for which it is appropriate to treat Indian tribes as

States. Such treatment shall be authorized only if -

(A) the Indian tribe has a governing body carrying out

substantial governmental duties and powers;

(B) the functions to be exercised by the Indian tribe pertain

to the management and protection of air resources within the

exterior boundaries of the reservation or other areas within the

tribe's jurisdiction; and

the judgment of the Administrator, of carrying out the functions

to be exercised in a manner consistent with the terms and

purposes of this chapter and all applicable regulations.

(3) The Administrator may promulgate regulations which establish

the elements of tribal implementation plans and procedures for

approval or disapproval of tribal implementation plans and portions

thereof.

(4) In any case in which the Administrator determines that the

treatment of Indian tribes as identical to States is inappropriate

or administratively infeasible, the Administrator may provide, by

regulation, other means by which the Administrator will directly

administer such provisions so as to achieve the appropriate

purpose.

(5) Until such time as the Administrator promulgates regulations

pursuant to this subsection, the Administrator may continue to

provide financial assistance to eligible Indian tribes under

section 7405 of this title.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 301, formerly Sec. 8, as

added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 400,

renumbered Pub. L. 89-272, title I, Sec. 101(4), Oct. 20, 1965, 79

Stat. 992; amended Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat.

504; Pub. L. 91-604, Secs. 3(b)(2), 15(c)(2), Dec. 31, 1970, 84

Stat. 1677, 1713; Pub. L. 95-95, title III, Sec. 305(e), Aug. 7,

1977, 91 Stat. 776; Pub. L. 101-549, title I, Secs. 107(d), 108(i),

Nov. 15, 1990, 104 Stat. 2464, 2467.)

-COD-

CODIFICATION

Section was formerly classified to section 1857g of this title.

-MISC1-

AMENDMENTS

1990 - Subsec. (a)(1). Pub. L. 101-549, Sec. 108(i), inserted

"subject to section 7607(d) of this title" after "regulations".

Subsec. (d). Pub. L. 101-549, Sec. 107(d), added subsec. (d).

1977 - Subsec. (a). Pub. L. 95-95 designated existing provisions

as par. (1) and added par. (2).

1970 - Subsec. (a). Pub. L. 91-604, Sec. 15(c)(2), substituted

"Administrator" for "Secretary" and "Environmental Protection

Agency" for "Department of Health, Education, and Welfare".

Subsec. (b). Pub. L. 91-604, Sec. 3(b)(2), substituted

"Environmental Protection Agency" for "Public Health Service" and

struck out provisions covering the payment of salaries and

allowances.

Subsec. (c). Pub. L. 91-604, Sec. 15(c)(2), substituted

"Administrator" for "Secretary".

1967 - Pub. L. 90-148 reenacted section without change.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as

otherwise expressly provided, see section 406(d) of Pub. L. 95-95,

set out as a note under section 7401 of this title.

MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,

DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,

DELEGATIONS, AND OTHER ACTIONS

All rules, regulations, orders, determinations, contracts,

certifications, authorizations, delegations, or other actions duly

issued, made, or taken by or pursuant to act July 14, 1955, the

Clean Air Act, as in effect immediately prior to the date of

enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force

and effect until modified or rescinded in accordance with act July

14, 1955, as amended by Pub. L. 95-95 [this chapter], see section

406(b) of Pub. L. 95-95, set out as an Effective Date of 1977

Amendment note under section 7401 of this title.

DISADVANTAGED BUSINESS CONCERNS; USE OF QUOTAS PROHIBITED

Title X of Pub. L. 101-549 provided that:

"SEC. 1001. DISADVANTAGED BUSINESS CONCERNS.

"(a) In General. - In providing for any research relating to the

requirements of the amendments made by the Clean Air Act Amendments

of 1990 [Pub. L. 101-549, see Tables for classification] which uses

funds of the Environmental Protection Agency, the Administrator of

the Environmental Protection Agency shall, to the extent

practicable, require that not less than 10 percent of total Federal

funding for such research will be made available to disadvantaged

business concerns.

"(b) Definition. -

"(1)(A) For purposes of subsection (a), the term 'disadvantaged

business concern' means a concern -

"(i) which is at least 51 percent owned by one or more

socially and economically disadvantaged individuals or, in the

case of a publicly traded company, at least 51 percent of the

stock of which is owned by one or more socially and

economically disadvantaged individuals; and

"(ii) the management and daily business operations of which

are controlled by such individuals.

"(B)(i) A for-profit business concern is presumed to be a

disadvantaged business concern for purposes of subsection (a) if

it is at least 51 percent owned by, or in the case of a concern

which is a publicly traded company at least 51 percent of the

stock of the company is owned by, one or more individuals who are

members of the following groups:

"(I) Black Americans.

"(II) Hispanic Americans.

"(III) Native Americans.

"(IV) Asian Americans.

"(V) Women.

"(VI) Disabled Americans.

"(ii) The presumption established by clause (i) may be rebutted

with respect to a particular business concern if it is reasonably

established that the individual or individuals referred to in

that clause with respect to that business concern are not

experiencing impediments to establishing or developing such

concern as a result of the individual's identification as a

member of a group specified in that clause.

"(C) The following institutions are presumed to be

disadvantaged business concerns for purposes of subsection (a):

"(i) Historically black colleges and universities, and

colleges and universities having a student body in which 40

percent of the students are Hispanic.

"(ii) Minority institutions (as that term is defined by the

Secretary of Education pursuant to the General Education

Provision Act (20 U.S.C. 1221 et seq.)).

"(iii) Private and voluntary organizations controlled by

individuals who are socially and economically disadvantaged.

"(D) A joint venture may be considered to be a disadvantaged

business concern under subsection (a), notwithstanding the size

of such joint venture, if -

"(i) a party to the joint venture is a disadvantaged business

concern; and

"(ii) that party owns at least 51 percent of the joint

venture.

A person who is not an economically disadvantaged individual or a

disadvantaged business concern, as a party to a joint venture,

may not be a party to more than 2 awarded contracts in a fiscal

year solely by reason of this subparagraph.

"(E) Nothing in this paragraph shall prohibit any member of a

racial or ethnic group that is not listed in subparagraph (B)(i)

from establishing that they have been impeded in establishing or

developing a business concern as a result of racial or ethnic

discrimination.

"Sec. 1002. Use of Quotas Prohibited. - Nothing in this title

shall permit or require the use of quotas or a requirement that has

the effect of a quota in determining eligibility under section

1001."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7405, 7410, 7602 of this

title.

-End-

-CITE-

42 USC Sec. 7602 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7602. Definitions

-STATUTE-

When used in this chapter -

(a) The term "Administrator" means the Administrator of the

Environmental Protection Agency.

(b) The term "air pollution control agency" means any of the

following:

(1) A single State agency designated by the Governor of that

State as the official State air pollution control agency for

purposes of this chapter.

(2) An agency established by two or more States and having

substantial powers or duties pertaining to the prevention and

control of air pollution.

(3) A city, county, or other local government health authority,

or, in the case of any city, county, or other local government in

which there is an agency other than the health authority charged

with responsibility for enforcing ordinances or laws relating to

the prevention and control of air pollution, such other agency.

(4) An agency of two or more municipalities located in the same

State or in different States and having substantial powers or

duties pertaining to the prevention and control of air pollution.

(5) An agency of an Indian tribe.

(1) an air pollution control agency established by two or more

States, or

(2) an air pollution control agency of two or more

municipalities located in different States.

(d) The term "State" means a State, the District of Columbia, the

Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American

Samoa and includes the Commonwealth of the Northern Mariana

Islands.

(e) The term "person" includes an individual, corporation,

partnership, association, State, municipality, political

subdivision of a State, and any agency, department, or

instrumentality of the United States and any officer, agent, or

employee thereof.

(f) The term "municipality" means a city, town, borough, county,

parish, district, or other public body created by or pursuant to

State law.

(g) The term "air pollutant" means any air pollution agent or

combination of such agents, including any physical, chemical,

biological, radioactive (including source material, special nuclear

material, and byproduct material) substance or matter which is

emitted into or otherwise enters the ambient air. Such term

includes any precursors to the formation of any air pollutant, to

the extent the Administrator has identified such precursor or

precursors for the particular purpose for which the term "air

pollutant" is used.

(h) All language referring to effects on welfare includes, but is

not limited to, effects on soils, water, crops, vegetation, manmade

materials, animals, wildlife, weather, visibility, and climate,

damage to and deterioration of property, and hazards to

transportation, as well as effects on economic values and on

personal comfort and well-being, whether caused by transformation,

conversion, or combination with other air pollutants.

(i) The term "Federal land manager" means, with respect to any

lands in the United States, the Secretary of the department with

authority over such lands.

(j) Except as otherwise expressly provided, the terms "major

stationary source" and "major emitting facility" mean any

stationary facility or source of air pollutants which directly

emits, or has the potential to emit, one hundred tons per year or

more of any air pollutant (including any major emitting facility or

source of fugitive emissions of any such pollutant, as determined

by rule by the Administrator).

(k) The terms "emission limitation" and "emission standard" mean

a requirement established by the State or the Administrator which

limits the quantity, rate, or concentration of emissions of air

pollutants on a continuous basis, including any requirement

relating to the operation or maintenance of a source to assure

continuous emission reduction, and any design, equipment, work

practice or operational standard promulgated under this

chapter..(!1)

(l) The term "standard of performance" means a requirement of

continuous emission reduction, including any requirement relating

to the operation or maintenance of a source to assure continuous

emission reduction.

(m) The term "means of emission limitation" means a system of

continuous emission reduction (including the use of specific

technology or fuels with specified pollution characteristics).

(n) The term "primary standard attainment date" means the date

specified in the applicable implementation plan for the attainment

of a national primary ambient air quality standard for any air

pollutant.

(o) The term "delayed compliance order" means an order issued by

the State or by the Administrator to an existing stationary source,

postponing the date required under an applicable implementation

plan for compliance by such source with any requirement of such

plan.

(p) The term "schedule and timetable of compliance" means a

schedule of required measures including an enforceable sequence of

actions or operations leading to compliance with an emission

limitation, other limitation, prohibition, or standard.

(q) For purposes of this chapter, the term "applicable

implementation plan" means the portion (or portions) of the

implementation plan, or most recent revision thereof, which has

been approved under section 7410 of this title, or promulgated

under section 7410(c) of this title, or promulgated or approved

pursuant to regulations promulgated under section 7601(d) of this

title and which implements the relevant requirements of this

chapter.

(r) Indian Tribe. - The term "Indian tribe" means any Indian

tribe, band, nation, or other organized group or community,

including any Alaska Native village, which is Federally recognized

as eligible for the special programs and services provided by the

United States to Indians because of their status as Indians.

(s) VOC. - The term "VOC" means volatile organic compound, as

defined by the Administrator.

(t) PM-10. - The term "PM-10" means particulate matter with an

aerodynamic diameter less than or equal to a nominal ten

micrometers, as measured by such method as the Administrator may

determine.

(u) NAAQS and CTG. - The term "NAAQS" means national ambient air

quality standard. The term "CTG" means a Control Technique

Guideline published by the Administrator under section 7408 of this

title.

(v) NOG5x. - The term "NOG5x" means oxides of nitrogen.

(w) CO. - The term "CO" means carbon monoxide.

(x) Small Source. - The term "small source" means a source that

emits less than 100 tons of regulated pollutants per year, or any

class of persons that the Administrator determines, through

regulation, generally lack technical ability or knowledge regarding

control of air pollution.

(y) Federal Implementation Plan. - The term "Federal

implementation plan" means a plan (or portion thereof) promulgated

by the Administrator to fill all or a portion of a gap or otherwise

correct all or a portion of an inadequacy in a State implementation

plan, and which includes enforceable emission limitations or other

control measures, means or techniques (including economic

incentives, such as marketable permits or auctions of emissions

allowances), and provides for attainment of the relevant national

ambient air quality standard.

(z) Stationary Source. - The term "stationary source" means

generally any source of an air pollutant except those emissions

resulting directly from an internal combustion engine for

transportation purposes or from a nonroad engine or nonroad vehicle

as defined in section 7550 of this title.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 302, formerly Sec. 9, as

added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 400,

renumbered Pub. L. 89-272, title I, Sec. 101(4), Oct. 20, 1965, 79

Stat. 992; amended Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat.

504; Pub. L. 91-604, Sec. 15(a)(1), (c)(1), Dec. 31, 1970, 84 Stat.

1710, 1713; Pub. L. 95-95, title II, Sec. 218(c), title III, Sec.

301, Aug. 7, 1977, 91 Stat. 761, 769; Pub. L. 95-190, Sec.

14(a)(76), Nov. 16, 1977, 91 Stat. 1404; Pub. L. 101-549, title I,

Secs. 101(d)(4), 107(a), (b), 108(j), 109(b), title III, Sec.

302(e), title VII, Sec. 709, Nov. 15, 1990, 104 Stat. 2409, 2464,

2468, 2470, 2574, 2684.)

-COD-

CODIFICATION

Section was formerly classified to section 1857h of this title.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in subsecs. (b) and (d) of this

section were contained in a section 1857e of this title, act July

14, 1955, ch. 360, Sec. 6, 69 Stat. 323, prior to the general

amendment of this chapter by Pub. L. 88-206.

AMENDMENTS

1990 - Subsec. (b)(1) to (3). Pub. L. 101-549, Sec. 107(a)(1),

(2), struck out "or" at end of par. (3) and substituted periods for

semicolons at end of pars. (1) to (3).

Subsec. (b)(5). Pub. L. 101-549, Sec. 107(a)(3), added par. (5).

Subsec. (g). Pub. L. 101-549, Sec. 108(j)(2), inserted at end

"Such term includes any precursors to the formation of any air

pollutant, to the extent the Administrator has identified such

precursor or precursors for the particular purpose for which the

term 'air pollutant' is used."

Subsec. (h). Pub. L. 101-549, Sec. 109(b), inserted before period

at end ", whether caused by transformation, conversion, or

combination with other air pollutants".

Subsec. (k). Pub. L. 101-549, Sec. 303(e), inserted before period

at end ", and any design, equipment, work practice or operational

standard promulgated under this chapter."

Subsec. (q). Pub. L. 101-549, Sec. 101(d)(4), added subsec. (q).

Subsec. (r). Pub. L. 101-549, Sec. 107(b), added subsec. (r).

Subsecs. (s) to (y). Pub. L. 101-549, Sec. 108(j)(1), added

subsecs. (s) to (y).

Subsec. (z). Pub. L. 101-549, Sec. 709, added subsec. (z).

1977 - Subsec. (d). Pub. L. 95-95, Sec. 218(c), inserted "and

includes the Commonwealth of the Northern Mariana Islands" after

"American Samoa".

Subsec. (e). Pub. L. 95-190 substituted "individual, corporation"

for "individual corporation".

Pub. L. 95-95, Sec. 301(b), expanded definition of "person" to

include agencies, departments, and instrumentalities of the United

States and officers, agents, and employees thereof.

Subsec. (g). Pub. L. 95-95, Sec. 301(c), expanded definition of

"air pollutant" so as, expressly, to include physical, chemical,

biological, and radioactive substances or matter emitted into or

otherwise entering the ambient air.

Subsecs. (i) to (p). Pub. L. 95-95, Sec. 301(a), added subsecs.

(i) to (p).

1970 - Subsec. (a). Pub. L. 91-604, Sec. 15(c)(1), substituted

definition of "Administrator" as meaning Administrator of the

Environmental Protection Agency for definition of "Secretary" as

meaning Secretary of Health, Education, and Welfare.

Subsecs. (g), (h). Pub. L. 91-604, Sec. 15(a)(1), added subsec.

(g) defining "air pollutant", redesignated former subsec. (g) as

(h) and substituted references to effects on soil, water, crops,

vegetation, manmade materials, animals, wildlife, weather,

visibility, and climate for references to injury to agricultural

crops and livestock, and inserted references to effects on economic

values and on personal comfort and well being.

1967 - Pub. L. 90-148 reenacted section without change.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as

otherwise expressly provided, see section 406(d) of Pub. L. 95-95,

set out as a note under section 7401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7405, 7413, 7511a, 7512a,

7661, 8302 of this title; title 26 section 169.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

42 USC Sec. 7603 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7603. Emergency powers

-STATUTE-

Notwithstanding any other provision of this chapter, the

Administrator, upon receipt of evidence that a pollution source or

combination of sources (including moving sources) is presenting an

imminent and substantial endangerment to public health or welfare,

or the environment, may bring suit on behalf of the United States

in the appropriate United States district court to immediately

restrain any person causing or contributing to the alleged

pollution to stop the emission of air pollutants causing or

contributing to such pollution or to take such other action as may

be necessary. If it is not practicable to assure prompt protection

of public health or welfare or the environment by commencement of

such a civil action, the Administrator may issue such orders as may

be necessary to protect public health or welfare or the

environment. Prior to taking any action under this section, the

Administrator shall consult with appropriate State and local

authorities and attempt to confirm the accuracy of the information

on which the action proposed to be taken is based. Any order issued

by the Administrator under this section shall be effective upon

issuance and shall remain in effect for a period of not more than

60 days, unless the Administrator brings an action pursuant to the

first sentence of this section before the expiration of that

period. Whenever the Administrator brings such an action within the

60-day period, such order shall remain in effect for an additional

14 days or for such longer period as may be authorized by the court

in which such action is brought.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 303, as added Pub. L.

91-604, Sec. 12(a), Dec. 31, 1970, 84 Stat. 1705; amended Pub. L.

95-95, title III, Sec. 302(a), Aug. 7, 1977, 91 Stat. 770; Pub. L.

101-549, title VII, Sec. 704, Nov. 15, 1990, 104 Stat. 2681.)

-COD-

CODIFICATION

Section was formerly classified to section 1857h-1 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 303 of act July 14, 1955, was renumbered section

310 by Pub. L. 91-604 and is classified to section 7610 of this

title.

AMENDMENTS

1990 - Pub. L. 101-549, Sec. 704(2)-(5), struck out subsec. (a)

designation before "Notwithstanding any other", struck out subsec.

(b) which related to violation of or failure or refusal to comply

with subsec. (a) orders, and substituted new provisions for

provisions following first sentence which read as follows: "If it

is not practicable to assure prompt protection of the health of

persons solely by commencement of such a civil action, the

Administrator may issue such orders as may be necessary to protect

the health of persons who are, or may be, affected by such

pollution source (or sources). Prior to taking any action under

this section, the Administrator shall consult with the State and

local authorities in order to confirm the correctness of the

information on which the action proposed to be taken is based and

to ascertain the action which such authorities are, or will be,

taking. Such order shall be effective for a period of not more than

twenty-four hours unless the Administrator brings an action under

the first sentence of this subsection before the expiration of such

period. Whenever the Administrator brings such an action within

such period, such order shall be effective for a period of

forty-eight hours or such longer period as may be authorized by the

court pending litigation or thereafter."

Pub. L. 101-549, Sec. 704(1), which directed that "public health

or welfare, or the environment" be substituted for "the health of

persons and that appropriate State or local authorities have not

acted to abate such sources", was executed by making the

substitution for "the health of persons, and that appropriate State

or local authorities have not acted to abate such sources" to

reflect the probable intent of Congress.

1977 - Pub. L. 95-95 designated existing provisions as subsec.

(a), inserted provisions that, if it is not practicable to assure

prompt protection of the health of persons solely by commencement

of a civil action, the Administrator may issue such orders as may

be necessary to protect the health of persons who are, or may be,

affected by such pollution source (or sources), that, prior to

taking any action under this section, the Administrator consult

with the State and local authorities in order to confirm the

correctness of the information on which the action proposed to be

taken is based and to ascertain the action which such authorities

are, or will be, taking, that the order be effective for a period

of not more than twenty-four hours unless the Administrator brings

an action under the first sentence of this subsection before the

expiration of such period, and that, whenever the Administrator

brings such an action within such period, such order be effective

for a period of forty-eight hours or such longer period as may be

authorized by the court pending litigation or thereafter, and added

subsec. (b).

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as

otherwise expressly provided, see section 406(d) of Pub. L. 95-95,

set out as a note under section 7401 of this title.

PENDING ACTIONS AND PROCEEDINGS

Suits, actions, and other proceedings lawfully commenced by or

against the Administrator or any other officer or employee of the

United States in his official capacity or in relation to the

discharge of his official duties under act July 14, 1955, the Clean

Air Act, as in effect immediately prior to the enactment of Pub. L.

95-95 [Aug. 7, 1977], not to abate by reason of the taking effect

of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as

an Effective Date of 1977 Amendment note under section 7401 of this

title.

MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,

DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,

DELEGATIONS, AND OTHER ACTIONS

All rules, regulations, orders, determinations, contracts,

certifications, authorizations, delegations, or other actions duly

issued, made, or taken by or pursuant to act July 14, 1955, the

Clean Air Act, as in effect immediately prior to the date of

enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force

and effect until modified or rescinded in accordance with act July

14, 1955, as amended by Pub. L. 95-95 [this chapter], see section

406(b) of Pub. L. 95-95, set out as an Effective Date of 1977

Amendment note under section 7401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7410, 7412, 7413, 7420,

7429, 7607, 7661c, 9606 of this title; title 15 section 717z.

-End-

-CITE-

42 USC Sec. 7604 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7604. Citizen suits

-STATUTE-

(a) Authority to bring civil action; jurisdiction

Except as provided in subsection (b) of this section, any person

may commence a civil action on his own behalf -

(1) against any person (including (i) the United States, and

(ii) any other governmental instrumentality or agency to the

extent permitted by the Eleventh Amendment to the Constitution)

who is alleged to have violated (if there is evidence that the

alleged violation has been repeated) or to be in violation of (A)

an emission standard or limitation under this chapter or (B) an

order issued by the Administrator or a State with respect to such

a standard or limitation,

(2) against the Administrator where there is alleged a failure

of the Administrator to perform any act or duty under this

chapter which is not discretionary with the Administrator, or

(3) against any person who proposes to construct or constructs

any new or modified major emitting facility without a permit

required under part C of subchapter I of this chapter (relating

to significant deterioration of air quality) or part D of

subchapter I of this chapter (relating to nonattainment) or who

is alleged to have violated (if there is evidence that the

alleged violation has been repeated) or to be in violation of any

condition of such permit.

The district courts shall have jurisdiction, without regard to the

amount in controversy or the citizenship of the parties, to enforce

such an emission standard or limitation, or such an order, or to

order the Administrator to perform such act or duty, as the case

may be, and to apply any appropriate civil penalties (except for

actions under paragraph (2)). The district courts of the United

States shall have jurisdiction to compel (consistent with paragraph

(2) of this subsection) agency action unreasonably delayed, except

that an action to compel agency action referred to in section

7607(b) of this title which is unreasonably delayed may only be

filed in a United States District Court within the circuit in which

such action would be reviewable under section 7607(b) of this

title. In any such action for unreasonable delay, notice to the

entities referred to in subsection (b)(1)(A) of this section shall

be provided 180 days before commencing such action.

(b) Notice

No action may be commenced -

(1) under subsection (a)(1) of this section -

(A) prior to 60 days after the plaintiff has given notice of

the violation (i) to the Administrator, (ii) to the State in

which the violation occurs, and (iii) to any alleged violator

of the standard, limitation, or order, or

(B) if the Administrator or State has commenced and is

diligently prosecuting a civil action in a court of the United

States or a State to require compliance with the standard,

limitation, or order, but in any such action in a court of the

United States any person may intervene as a matter of right.

(2) under subsection (a)(2) of the section prior to 60 days

after the plaintiff has given notice of such action to the

Administrator,

except that such action may be brought immediately after such

notification in the case of an action under this section respecting

a violation of section 7412(i)(3)(A) or (f)(4) of this title or an

order issued by the Administrator pursuant to section 7413(a) of

this title. Notice under this subsection shall be given in such

manner as the Administrator shall prescribe by regulation.

consent judgment

(1) Any action respecting a violation by a stationary source of

an emission standard or limitation or an order respecting such

standard or limitation may be brought only in the judicial district

in which such source is located.

(2) In any action under this section, the Administrator, if not a

party, may intervene as a matter of right at any time in the

proceeding. A judgment in an action under this section to which the

United States is not a party shall not, however, have any binding

effect upon the United States.

(3) Whenever any action is brought under this section the

plaintiff shall serve a copy of the complaint on the Attorney

General of the United States and on the Administrator. No consent

judgment shall be entered in an action brought under this section

in which the United States is not a party prior to 45 days

following the receipt of a copy of the proposed consent judgment by

the Attorney General and the Administrator during which time the

Government may submit its comments on the proposed consent judgment

to the court and parties or may intervene as a matter of right.

(d) Award of costs; security

The court, in issuing any final order in any action brought

pursuant to subsection (a) of this section, may award costs of

litigation (including reasonable attorney and expert witness fees)

to any party, whenever the court determines such award is

appropriate. The court may, if a temporary restraining order or

preliminary injunction is sought, require the filing of a bond or

equivalent security in accordance with the Federal Rules of Civil

Procedure.

(e) Nonrestriction of other rights

Nothing in this section shall restrict any right which any person

(or class of persons) may have under any statute or common law to

seek enforcement of any emission standard or limitation or to seek

any other relief (including relief against the Administrator or a

State agency). Nothing in this section or in any other law of the

United States shall be construed to prohibit, exclude, or restrict

any State, local, or interstate authority from -

(1) bringing any enforcement action or obtaining any judicial

remedy or sanction in any State or local court, or

(2) bringing any administrative enforcement action or obtaining

any administrative remedy or sanction in any State or local

administrative agency, department or instrumentality,

against the United States, any department, agency, or

instrumentality thereof, or any officer, agent, or employee thereof

under State or local law respecting control and abatement of air

pollution. For provisions requiring compliance by the United

States, departments, agencies, instrumentalities, officers, agents,

and employees in the same manner as nongovernmental entities, see

section 7418 of this title.

(f) "Emission standard or limitation under this chapter" defined

For purposes of this section, the term "emission standard or

limitation under this chapter" means -

(1) a schedule or timetable of compliance, emission limitation,

standard of performance or emission standard,

(2) a control or prohibition respecting a motor vehicle fuel or

fuel additive, or (!1)

(3) any condition or requirement of a permit under part C of

subchapter I of this chapter (relating to significant

deterioration of air quality) or part D of subchapter I of this

chapter (relating to nonattainment),,(!2) section 7419 of this

title (relating to primary nonferrous smelter orders), any

condition or requirement under an applicable implementation plan

relating to transportation control measures, air quality

maintenance plans, vehicle inspection and maintenance programs or

vapor recovery requirements, section 7545(e) and (f) of this

title (relating to fuels and fuel additives), section 7491 of

this title (relating to visibility protection), any condition or

requirement under subchapter VI of this chapter (relating to

ozone protection), or any requirement under section 7411 or 7412

of this title (without regard to whether such requirement is

expressed as an emission standard or otherwise); (!3) or

(4) any other standard, limitation, or schedule established

under any permit issued pursuant to subchapter V of this chapter

or under any applicable State implementation plan approved by the

Administrator, any permit term or condition, and any requirement

to obtain a permit as a condition of operations.(!4)

which is in effect under this chapter (including a requirement

applicable by reason of section 7418 of this title) or under an

applicable implementation plan.

(g) Penalty fund

(1) Penalties received under subsection (a) of this section shall

be deposited in a special fund in the United States Treasury for

licensing and other services. Amounts in such fund are authorized

to be appropriated and shall remain available until expended, for

use by the Administrator to finance air compliance and enforcement

activities. The Administrator shall annually report to the Congress

about the sums deposited into the fund, the sources thereof, and

the actual and proposed uses thereof.

(2) Notwithstanding paragraph (1) the court in any action under

this subsection to apply civil penalties shall have discretion to

order that such civil penalties, in lieu of being deposited in the

fund referred to in paragraph (1), be used in beneficial mitigation

projects which are consistent with this chapter and enhance the

public health or the environment. The court shall obtain the view

of the Administrator in exercising such discretion and selecting

any such projects. The amount of any such payment in any such

action shall not exceed $100,000.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 304, as added Pub. L.

91-604, Sec. 12(a), Dec. 31, 1970, 84 Stat. 1706; amended Pub. L.

95-95, title III, Sec. 303(a)-(c), Aug. 7, 1977, 91 Stat. 771, 772;

Pub. L. 95-190, Sec. 14(a) (77), (78), Nov. 16, 1977, 91 Stat.

1404; Pub. L. 101-549, title III, Sec. 302(f), title VII, Sec.

707(a)-(g), Nov. 15, 1990, 104 Stat. 2574, 2682, 2683.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsec. (d),

are set out in the Appendix to Title 28, Judiciary and Judicial

Procedure.

-COD-

CODIFICATION

Section was formerly classified to section 1857h-2 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 304 of act July 14, 1955, was renumbered section

311 by Pub. L. 91-604 and is classified to section 7611 of this

title.

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-549, Sec. 707(a), (f), in closing

provisions, inserted before period at end ", and to apply any

appropriate civil penalties (except for actions under paragraph

(2))" and inserted sentences at end giving courts jurisdiction to

compel agency action unreasonably delayed and requiring 180 days

notice prior to commencement of action.

Subsec. (a)(1), (3). Pub. L. 101-549, Sec. 707(g), inserted "to

have violated (if there is evidence that the alleged violation has

been repeated) or" before "to be in violation".

Subsec. (b). Pub. L. 101-549, Sec. 302(f), substituted "section

7412(i)(3)(A) or (f)(4)" for "section 7412(c)(1)(B)" in closing

provisions.

Subsec. (c)(2). Pub. L. 101-549, Sec. 707(c), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "In such

action under this section, the Administrator, if not a party, may

intervene as a matter of right."

Subsec. (c)(3). Pub. L. 101-549, Sec. 707(d), added subsec.

(c)(3).

Subsec. (f)(3). Pub. L. 101-549, Sec. 707(e), struck out "any

condition or requirement of section 7413(d) of this title (relating

to certain enforcement orders)" before ", section 7419 of this

title", substituted "subchapter VI of this chapter" for "part B of

subchapter I of this chapter", and substituted "; or" for period at

end.

Subsec. (f)(4). Pub. L. 101-549, Sec. 707(e), which directed that

par. (4) be added at end of subsec. (f), was executed by adding

par. (4) after par. (3), to reflect the probable intent of

Congress.

Subsec. (g). Pub. L. 101-549, Sec. 707(b), added subsec. (g).

1977 - Subsec. (a)(3). Pub. L. 95-190, Sec. 14(a)(77), inserted

"or modified" after "new".

Pub. L. 95-95, Sec. 303(a), added subsec. (a)(3).

Subsec. (e). Pub. L. 95-95, Sec. 303(c), inserted provisions

which prohibited any construction of this section or any other law

of the United States which would prohibit, exclude, or restrict any

State, local, or interstate authority from bringing any enforcement

action or obtaining any judicial remedy or sanction in any State or

local court against the United States or bringing any

administrative enforcement action or obtaining any administrative

remedy or sanction against the United States in any State or local

administrative agency, department, or instrumentality under State

or local law.

Subsec. (f)(3). Pub. L. 95-190, Sec. 14(a)(78), inserted ", or"

after "(relating to ozone protection)", substituted "any condition

or requirement under an" for "requirements under an", and struck

out "or" before "section 7491".

Pub. L. 95-95, Sec. 303(b), added par. (3).

EFFECTIVE DATE OF 1990 AMENDMENT

Section 707(g) of Pub. L. 101-549 provided that: "The amendment

made by this subsection [amending this section] shall take effect

with respect to actions brought after the date 2 years after the

enactment of the Clean Air Act Amendments of 1990 [Nov. 15, 1990]."

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as

otherwise expressly provided, see section 406(d) of Pub. L. 95-95,

set out as a note under section 7401 of this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of reporting provisions

in subsec. (g)(1) of this section, see section 3003 of Pub. L.

104-66, as amended, set out as a note under section 1113 of Title

31, Money and Finance, and the 6th item on page 165 of House

Document No. 103-7.