---
kind: "section"
citation: "42 U.S.C. § 7590"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7590"
heading: "General provisions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7590"
units:
  - "Chapter 85 — Air Pollution Prevention and Control"
  - "Subchapter II — Emission Standards for Moving Sources"
  - "Part C — Clean Fuel Vehicles"
---

# §7590. General provisions

- (a) **State refueling facilities—** If any [State](/usc/42/7602.md?p=d) adopts enforceable provisions in an implementation plan applicable to a [nonattainment area](/usc/42/7501.md?p=2) which provides that existing [State](/usc/42/7602.md?p=d) refueling facilities will be made available to the public for the purchase of [clean alternative fuels](/usc/42/7581.md?p=2) or that [State](/usc/42/7602.md?p=d)-operated refueling facilities for such fuels will be constructed and operated by the [State](/usc/42/7602.md?p=d) 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](/usc/42/7410.md) and part D,[^1] the [Administrator](/usc/42/7602.md?p=a) may credit a [State](/usc/42/7602.md?p=d) with the emission reductions for purposes of part D[^1] attributable to such actions.
- (b) **No production mandate—** The [Administrator](/usc/42/7602.md?p=a) shall have no authority under this part to mandate the production of [clean-fuel vehicles](/usc/42/7581.md?p=7) 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](/usc/42/17061.md?p=19), policies, or strategies for, vehicles subject to this part. Nothing in this part shall be construed to give the [Administrator](/usc/42/7602.md?p=a) authority to mandate marketing or pricing [practices](/usc/42/17061.md?p=19), policies, or strategies for fuels.
- (c) **Tank and fuel system safety—** The [Secretary](/usc/42/242q–4.md?p=2) of Transportation shall, in accordance with [chapter 301](/usc/49/chstVI/ptA/ch301.md) 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](/usc/42/7550.md?p=2).
- (d) **Consultation with Department of Energy and Department of Transportation—** The [Administrator](/usc/42/7602.md?p=a) shall coordinate with the [Secretaries](/usc/42/242q–4.md?p=2) of the Department of Energy and the Department of Transportation in carrying out the [Administrator](/usc/42/7602.md?p=a)’s duties under this part.

## Footnotes

[^1]: So in original. Probably should refer to part D of subchapter I.

## Source credit

(July 14, 1955, ch. 360, title II, § 250, as added Pub. L. 101–549, title II, § 229(a), Nov. 15, 1990, 104 Stat. 2528.)

## Notes

### 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.