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' 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 Califor nia. (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 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: 2So in original. Probably should be “section 7586(f)”. So in original. Probably should be followed by a comma. (C) Provisions to provide preference in the use of existing parking spaces for clean-fuel vehicles. The incentives under this paragraph shall not apply in the case of covered fleet vehicles. (4) No sales or production mandate The regulations and plan revisions under paragraphs (1) and (2) shall not include any production or sales mandate for clean-fuel vehicles or clean alternative fuels. Such regulations and plan revisions shall also provide that vehicle manufacturers and fuel suppliers may not be subject to penalties or sanctions for failing to produce or sell clean-fuel vehicles or clean alternative fuels. (July 14, 1955, ch. 360, title II, Sec. 249, as added Pub. L. 101-549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2525.) References in Text The Solid Waste Disposal Act, referred to in subsec. (c)(2)(D), is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795. Subtitle I of the Act is classified generally to subchapter IX (Sec. 6991 et seq.) of chapter 82 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables. November 15, 1990, referred to in subsec. (e)(3), was in the original "the date of the Clean Air Act Amendments of 1990", which was translated as meaning the date of enactment of Pub. L. 101-549, which enacted this section, to reflect the probable intent of Congress. GENERAL PROVISIONS 42 USC 7590 (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,' 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 cleanfuel 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 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. (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.) 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. 'So in original. Probably should be "part D of subchapter I of this chapter". SUBCHAPTER III-GENERAL PROVISIONS ADMINISTRATION 42 USC 7601 (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 (B) to assure at least an adequate quality audit of each State's performance and adherence (b) Detail of Environmental Protection Agency personnel to air pollution control agencies (c) Payments under grants; installments; advances or reimbursements 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 onehalf 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 (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 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 implementa tion 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. (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.) Codification Section was formerly classified to section 1857g of this title. 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. (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." Section Referred to in Other Sections This section is referred to in sections 7405, 7410, 7602 of this title. DEFINITIONS 42 USC 7602 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. |