Loading (50 kb)...'
(continued)
(gpm) (gpm)
Beginning NY 1996:
LDT's (0-3,750 lbs. LVW) and light-duty vehicles . . . . . 0.125 0.156
LDT's (3,751-5,750 lbs. LVW) . . . . . . . . . . . . . . . 0.160 0.20
Beginning NY 2001:
LDT's (0-3,750 lbs. LVW) and light-duty vehicles . . . . . 0.075 0.090
LDT's (3,751-5,750 lbs. LVW) . . . . . . . . . . . . . . . 0.100 0.130
For standards under column A, for purposes of certification under section 206, the applicable useful life
shall be 50,000 miles.
For standards under column B, for purposes of certification under section 206, the applicable useful life
shall be 100,000 miles.
LIGHT-DUTY TRUCKS MORE THAN 6,000 LBS. GVWR
279
Vehicle Type Column A Column B
(50,000 mi.) (100,00 mi.)
Standard Standard
(gpm) (gpm)
Beginning NY 1998:
LDT's (0-3750 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 206, the applicable useful life
shall be 50,000 miles.
For standards under column B, for purposes of certification under section 206, 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 mi.) (100,00 mi.)
Standard Standard
(gpm) (gpm)
Beginning NY 1996:
LDT's (0-3,750 lbs. LVW) and light-duty vehicles . . . . . . . . 0.25 0.31
LDT's (3,751-5,750 lbs. LVW) . . . . . . . . . . . . . . . . . . 0.32 0.40
Beginning NY 2001
LDT's (0-3,750 lbs. VW) and light-duty vehicles . . . . . . . . . 0.125 0.156
LDT's (3,751-5,750 lbs. LVW) . . . . . . . . . . . . . . . . . . 0.160 0.200
For standards under column A, for purposes of certification under section 206, the applicable useful life
shall be 50,000 miles.
For standards under column B, for purposes of certification under section 206, 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 mi.) (100,00 mi.)
Standard Standard
(gpm) (gpm)
280
Beginning NY 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 206, the applicable useful life
shall be 50,000 miles.
For standards under column B, for purposes of certification under section 206, 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 imple-
menting a single set of standards applicable in California
pursuant to a waiver approved under section 209 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 242 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 242 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 imple-
menting several different sets of standards applicable in
California pursuant to a waiver approved under section 209
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 242 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 242 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 the
enactment of the Clean Air Act of 1990 to provide an emissions
standard which is less stringent than the otherwise applicable
standard set forth in subsection (a), (b), (c), or (d), 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) to any vehicles covered by such modified standard or
delayed effective date. The interim period shall be a period of
281
not more than 2 model years from the effective date otherwise
applicable under subsection (a), (b), (c), or (d). After such
interim period, the otherwise applicable standard set forth in
subsection (a), (b), (c), or (d) shall take effect with respect
to such vehicles (unless subsequently replaced under subsection
(e)).
(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.
[42 U.S.C. 7583]
SEC. 244. ADMINISTRATION AND ENFORCEMENT AS PER CALIFORNIA
STANDARDS.
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-
Sec. 244
(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 209. Nothing in this section
shall apply in the case of standards under section 245 for
heavy-duty vehicles.
[42 U.S.C. 7584]
SEC. 245. STANDARDS FOR HEAVY-DUTY CLEAN-FUEL VEHICLES (GVWR
ABOVE 8,500 UP TO 26,000 LBS).
(a) Model Years After 1997; Combined NOx 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 (NOx ) and non-
methane hydrocarbons (NMHC) shall not exceed 3.15 grams per brake
horsepower hour (equivalent to 50 percent of the combined
emission standards applicable under section 202 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.
282
(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) if the
Administrator determines that the 50 percent reduction required
under subsection (a) is not technologically feasible for clean
diesel-fueled vehicles and engines, taking into account durabili-
ty, 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).
[42 U.S.C. 7585]
SEC. 246. CENTRALLY FUELED FLEETS
(a) Fleet Program Required for Certain Nonattainment Areas.-
(1) SIP revision.- Each State in which there is located
all or part of a covered area (as defined in paragraph (2))
shall submit, within 42 months after the enactment of the
Clean Air Act Amendments of 1990, a State implementation
plan revision under section 110 and part D of title I 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 title I of this Act 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 the enactment of the Clean Air Act
Amendments of 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
enactment of the Clean Air Act Amendments of 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
283
Extreme under part D of title I with a 1980 population of
250,000 or more, the State shall submit a plan revision meeting
the requirements of this subsection within 1 year after
reclassification. Such plan revision shall implement the
requirements applicable under this subsection at the time of
reclassification and thereafter, except that the Administrator
may adjust for a limited period the deadlines for compliance
where compliance with such deadlines would be infeasible.
(4) Consultation; consideration of factors.- Each State
required to submit an implementation plan revision under this
subsection shall develop such revision in consultation with
fleet operators, vehicle manufacturers, fuel producers and
distributors, motor vehicle fuel, and other interested parties,
taking into consideration operational range, specialty uses,
vehicle and fuel availability, costs, safety, resale values of
vehicles and equipment and other relevant factors.
(b) Phase-In of Requirements.- The plan revision required under
this section shall contain provisions requiring that at least a
specified percentage of all new covered fleet vehicles in model
year 1998 and thereafter purchased by each covered fleet operator
in each covered area shall be clean-fuel vehicles and shall use
clean alternative fuels when operating in the covered area. For
the applicable model years (MY) specified in the following table
and thereafter, the specified percentage shall be as provided in
the table for the vehicle types set forth in the table:
CLEAN FUEL VEHICLE PHASE-IN REQUIREMENTS FOR FLEETS
Vehicle Type MY1998 MY1999 MY2000
Light-duty trucks up to 6,000 lbs. GVWR and light-
duty vehicles . . . . . . . . . . . . . . . . . . . . . . . 30% 50% 70%
Heavy-duty trucks above 8,500 lbs. GVWR . . . . . . . . . . . 50% 50% 50%
The term MY refers to model year.
(c) Accelerated Standard for Light-Duty Trucks up to 6,000 lbs.
GVWR and Light-Duty Vehicles.- Notwithstanding the model years
for which clean-fuel vehicle standards are applicable as provided
in section 243, for purposes of this section, light duty 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 243 for vehicles in the same
class for the model year 2001. The requirements of subsection (b)
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 243 are offered for sale in California.
(2) Model year 2001.
Whenever the effective date of subsection (b) is delayed pursuant
to paragraph (1) of this subsection, the phase-in schedule under
subsection (b) shall be modified to commence with the model year
referred to in paragraph (1) in lieu of model year 1998.
284
(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 vehicles which meet more
stringent standards established by the Administrator
pursuant to paragraph (4).
(C) The purchase of vehicles in categories which are
not covered by this section but which meet standards
established for such vehicles under paragraph (4).
(2) Use of credits; limitations based on weight classes.-
(A) Use of credits.- Credits under this subsection may
be used by the person holding such credits to demonstrate
compliance with this section or may be traded or sold for
use by any other person to demonstrate compliance with
other requirements applicable under this section in the
same nonattainment area. Credits obtained at any time may
be held or banked for use at any later time, and when so
used, such credits shall maintain the same value as if
used at an earlier date.
(B) Limitations based on weight classes.- Credits
issued with respect to the purchase of vehicles of up to
8,500 lbs. GVWR may not be used to demonstrate compliance
by any person with the requirements applicable under this
subsection to vehicles of more than 8,500 lbs. GVWR.
Credits issued with respect to the purchase of vehicles of
more than 8,500 lbs. GVWR may not be used to demonstrate
compliance by any person with the requirements applicable
under this subsection to vehicles weighing up to 8,500
lbs. GVWR.
(C) Weighting.- Credits issued for purchase of a clean
fuel 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
the enactment of the Clean Air Act Amendments of 1990, the
Administrator shall promulgate regulations for such credit
program. The State shall administer the credit program estab-
lished 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
285
those otherwise applicable to clean-fuel vehicles under this
part. The Administrator shall certify clean fuel 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 the 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 the enactment of the Clean Air Act
Amendments of 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 title I.
[42 U.S.C. 7586]
SEC. 247. VEHICLE CONVERSIONS.
(a) Conversion of Existing and New Conventional Vehicles to
Clean-Fuel Vehicles.- The requirements of section 246 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 vehicle
shall be treated as the purchase of a clean fuel vehicle. Nothing
in this part shall be construed to provide that any covered fleet
operator subject to fleet vehicle purchase requirements under
section 246 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 the enactment of the Clean Air Act Amendments of 1990,
consistent with the requirements of this title applicable to new
vehicles, promulgate regulations governing conversions of
286
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 title (including provisions
relating to administration enforcement) as are applicable to
standards under section 242, 243, 244, and 245, 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.
(c) Enforcement.- Any person who converts conventional vehicles
to clean fuel vehicles pursuant to subsection (b), shall be
considered a manufacturer for purposes of sections 206 and 207
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 203(a)(3) if such
conversion complies with the regulations promulgated under
subsection (b).
(e) Safety.- The Secretary of Transportation shall, if neces-
sary, promulgate rules under applicable motor vehicle laws
regarding the safety of vehicles converted from existing and new
vehicles to clean-fuel vehicles.
[42 U.S.C. 7587]
SEC. 248. FEDERAL AGENCY FLEETS.
(a) Additional Provisions Applicable.- The provisions of this
section shall apply, in addition to the other provisions of this
part, in the case of covered fleet vehicles owned or operated by
an agency, department, or instrumentality of the United States,
except as otherwise provided in subsection (e).
Sec. 248
(b) Cost of Vehicles to Federal Agency.- Notwithstanding the
provisions of section 211 of the Federal Property and Administra-
tive Services Act of 1949, 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.
(c) Limitations on Appropriations.- 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
287
(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 result-
ing 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 109 of the Federal
Property and Administrative Services Act of 1949.
[42 U.S.C. 7588]
SEC. 249. CALIFORNIA PILOT TEST PROGRAM.
(a) Establishment.- The Administrator shall establish a pilot
program in the State of California to demonstrate the effective-
ness 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).
(c) Program Requirements.- Not later than 24 months after the
enactment of the Clean Air Act Amendments of 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 246) 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 the
enactment of the Clean Air Act Amendments of 1990, the State
288
of California shall submit a revision of the applicable
implementation plan under part D of title I and section 110
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 Califor-
nia. 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
appropri-
ate amount of credits for exceeding such requirements, and
any person granted credits may transfer some or all of the
credits for use by one or more persons in demonstrating
compliance with such requirements. The State may make the
credits available for use after consideration of
enforceability, environmental, and economic factors and upon
such terms and conditions as the State finds appropriate.
(C) The State may also by regulation establish specifica-
tions 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
prior to the date of the enactment of the Clean Air Act
Amendments of 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
289
Administrator shall, within 4 years after the enactment of
the Clean Air Act Amendments of 1990, establish a clean fuel
program for the State of California under this paragraph and
section 110(c) that meets the requirements of this
paragraph.
(d) Credits for Motor Vehicle Manufacturers.- (1) The Adminis-
trator may (by regulation) grant a motor vehicle manufacturer an
appropriate amount of credits toward fulfillment of such manufac-
turer'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 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 the enactment of the Clean Air Act
Amendments of 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 245(e)
(relating to credits for clean fuel 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
290
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 the date of the Clean Air Act Amendments of 1990. Section
177 of this Act 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 the
enactment of the Clean Air Act Amendments of 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
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 title I as Serious, Severe, or Extreme may
submit a revision of the applicable implementation plan
under part D of title I and section 110 to provide
incentives for the sale or use in such an area or State of
clean-fuel vehicles which are required to be produced, sold,
and distributed in the State of California, and for the use
in such an area or State of clean alternative fuels required
to be produced and distributed by fuel suppliers and made
available in California. Such plan provisions shall not take
effect until 1 year after the State has provided notice of
such provisions to motor vehicle manufacturers and to fuel
suppliers.
(3) Incentives.- The incentives referred to in paragraph
(2) may include any or all of the following:
(A) A State registration fee on new motor vehicles
registered in the State which are not clean-fuel vehicles
in the amount of at least 1 percent of the cost of the
vehicle. The proceeds of such fee shall be used to provide
financial incentives to purchasers of clean-fuel vehicles
and to vehicle dealers who sell high volumes or high
percentages of clean-fuel vehicles and to defray the
administrative costs of the incentive program.
(B) Provisions to exempt clean-fuel vehicles from high
occupancy vehicle or trip reduction requirements.
(C) Provisions to provide preference in the use of
existing parking spaces for clean-fuel vehicles.
The incentives under this paragraph shall not apply in the
case of covered fleet vehicles.
(4) No sales or production mandate.- The regulations and
plan revisions under paragraphs (1) and (2) shall not
include any production or sales mandate for clean-fuel
vehicles or clean alternative fuels. Such regulations and
plan revisions shall also provide that vehicle manufacturers
and fuel suppliers may not be subject to penalties or
sanctions for failing to produce or sell clean-fuel vehicles
or clean alternative fuels.
291
[42 U.S.C. 7589]
SEC. 250. GENERAL PROVISIONS.
(a) State Refueling Facilities.- If any State adopts enforce-
able 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 110 and part D, the
Administrator may credit a State with the emission reductions for
purposes of part D 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.
(c) Tank and Fuel System Safety.- The Secretary of Transporta-
tion shall, in accordance with the National Motor Vehicle Traffic
Safety Act of 1966, 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.
[42 U.S.C. 7590]
TITLE III- GENERAL
ADMINISTRATION
Sec. 301. (a)(1) The Administrator is authorized to prescribe
such regulations as are necessary to carry out his functions
under this Act. The Administrator may delegate to any officer or
employee of the Environmental Protection Agency such of his
powers and duties under this Act, except the making of
regulations subject to section 307(d), as he may deem necessary
or expedient.
(2) Not later than one year after the date of enactment of this
paragraph, the Administrator shall promulgate regulations
establishing general applicable procedures and policies for
regional officers and employees (including the Regional Adminis-
trator) 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 Act;
292
(B) to assure at least an adequate quality audit of each
State's performance and adherence to the requirements of
this Act in implementing and enforcing the Act, particularly
in the review of new sources and in enforcement of the Act;
and
(C) to provide a mechanism for identifying and standardiz-
ing inconsistent or varying criteria, procedures, and
policies being employed by such officers and employees in
implementing and enforcing the Act.
(b) 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 Act.
(c) Payments under grants made under this Act 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 Act, 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
105; and
(B) may provide any such Indian tribe grant and contract
assistance to carry out functions provided by this Act.
(2) The Administrator shall promulgate regulations within 18
months after the date of the enactment of the Clean Air Act
Amendments of 1990, specifying those provisions of this Act 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
(C) the Indian tribe is reasonably expected to be capable,
in the judgment of the Administrator, of carrying out the
functions to be exercised in a manner consistent with the
terms and purposes of this Act and all applicable regula-
tions.
(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 105.
293
[42 U.S.C. 7601]
DEFINITIONS
Sec. 302. When used in this Act-
(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 Act.
(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.
(c) The term "interstate air pollution control agency" means-
(1) an air pollution control agency established by two or
more States, or
(2) an air pollution control agency of two or more munici-
palities 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 subdivi-
sion 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 pollut-
ant, 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,
man-made 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
294
transformation, conversion, or combination with other air
pollutants.
(i) The term "Federal land manager" means, with respect to any (continued)