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Title 42, The Public Health and WelfareRelease 119-110

§7590 General Provisions

Title 42 › CHAPTER 85 — AIR POLLUTION PREVENTION AND CONTROL › SUBCHAPTER II — EMISSION STANDARDS FOR MOVING SOURCES › Part C — Clean Fuel Vehicles › § 7590

Last updated Sep 23, 2026|Official source

Summary

States can get credit for pollution reductions if they add enforceable rules to a clean-air plan for a nonattainment area that make State refueling stations sell clean alternative fuels to the public or build and run such stations and open them at reasonable times while considering safety, cost, and other factors. When the Administrator approves the plan under section 7410 and part D, the Administrator may count those emission cuts. The Administrator cannot force production of clean-fuel vehicles (except the California pilot test program) or require specific models, marketing, or fuel pricing practices. The Secretary of Transportation must write safety rules under chapter 301 of title 49 for fuel storage cylinders and fuel systems, including testing and retesting when vehicles are converted. The Administrator must coordinate with the Secretaries of Energy and Transportation when carrying out duties under this part.

Full Legal Text

Title 42, §7590

The Public Health and Welfare, Source: USLM XML via OLRC

(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 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 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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, § 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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7590

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110