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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. 7511b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 2 - additional provisions for ozone nonattainment areas

-HEAD-

Sec. 7511b. Federal ozone measures

-STATUTE-

(a) Control techniques guidelines for VOC sources

Within 3 years after November 15, 1990, the Administrator shall

issue control techniques guidelines, in accordance with section

7408 of this title, for 11 categories of stationary sources of VOC

emissions for which such guidelines have not been issued as of

November 15, 1990, not including the categories referred to in

paragraphs (3) and (4) of subsection (b) of this section. The

Administrator may issue such additional control techniques

guidelines as the Administrator deems necessary.

(b) Existing and new CTGS

(1) Within 36 months after November 15, 1990, and periodically

thereafter, the Administrator shall review and, if necessary,

update control technique guidance issued under section 7408 of this

title before November 15, 1990.

(2) In issuing the guidelines the Administrator shall give

priority to those categories which the Administrator considers to

make the most significant contribution to the formation of ozone

air pollution in ozone nonattainment areas, including hazardous

waste treatment, storage, and disposal facilities which are

permitted under subtitle C of the Solid Waste Disposal Act [42

U.S.C. 6921 et seq.]. Thereafter the Administrator shall

periodically review and, if necessary, revise such guidelines.

(3) Within 3 years after November 15, 1990, the Administrator

shall issue control techniques guidelines in accordance with

section 7408 of this title to reduce the aggregate emissions of

volatile organic compounds into the ambient air from aerospace

coatings and solvents. Such control techniques guidelines shall, at

a minimum, be adequate to reduce aggregate emissions of volatile

organic compounds into the ambient air from the application of such

coatings and solvents to such level as the Administrator determines

may be achieved through the adoption of best available control

measures. Such control technology guidance shall provide for such

reductions in such increments and on such schedules as the

Administrator determines to be reasonable, but in no event later

than 10 years after the final issuance of such control technology

guidance. In developing control technology guidance under this

subsection, the Administrator shall consult with the Secretary of

Defense, the Secretary of Transportation, and the Administrator of

the National Aeronautics and Space Administration with regard to

the establishment of specifications for such coatings. In

evaluating VOC reduction strategies, the guidance shall take into

account the applicable requirements of section 7412 of this title

and the need to protect stratospheric ozone.

(4) Within 3 years after November 15, 1990, the Administrator

shall issue control techniques guidelines in accordance with

section 7408 of this title to reduce the aggregate emissions of

volatile organic compounds and PM-10 into the ambient air from

paints, coatings, and solvents used in shipbuilding operations and

ship repair. Such control techniques guidelines shall, at a

minimum, be adequate to reduce aggregate emissions of volatile

organic compounds and PM-10 into the ambient air from the removal

or application of such paints, coatings, and solvents to such level

as the Administrator determines may be achieved through the

adoption of the best available control measures. Such control

techniques guidelines shall provide for such reductions in such

increments and on such schedules as the Administrator determines to

be reasonable, but in no event later than 10 years after the final

issuance of such control technology guidance. In developing control

techniques guidelines under this subsection, the Administrator

shall consult with the appropriate Federal agencies.

Within 3 years after November 15, 1990, the Administrator shall

issue technical documents which identify alternative controls for

all categories of stationary sources of volatile organic compounds

and oxides of nitrogen which emit, or have the potential to emit 25

tons per year or more of such air pollutant. The Administrator

shall revise and update such documents as the Administrator

determines necessary.

(d) Guidance for evaluating cost-effectiveness

Within 1 year after November 15, 1990, the Administrator shall

provide guidance to the States to be used in evaluating the

relative cost-effectiveness of various options for the control of

emissions from existing stationary sources of air pollutants which

contribute to nonattainment of the national ambient air quality

standards for ozone.

(e) Control of emissions from certain sources

(1) Definitions

For purposes of this subsection -

(A) Best available controls

The term "best available controls" means the degree of

emissions reduction that the Administrator determines, on the

basis of technological and economic feasibility, health,

environmental, and energy impacts, is achievable through the

application of the most effective equipment, measures,

processes, methods, systems or techniques, including chemical

reformulation, product or feedstock substitution, repackaging,

and directions for use, consumption, storage, or disposal.

(B) Consumer or commercial product

The term "consumer or commercial product" means any

substance, product (including paints, coatings, and solvents),

or article (including any container or packaging) held by any

person, the use, consumption, storage, disposal, destruction,

or decomposition of which may result in the release of volatile

organic compounds. The term does not include fuels or fuel

additives regulated under section 7545 of this title, or motor

vehicles, non-road vehicles, and non-road engines as defined

under section 7550 of this title.

The term "regulated entities" means -

(i) manufacturers, processors, wholesale distributors, or

importers of consumer or commercial products for sale or

distribution in interstate commerce in the United States; or

(ii) manufacturers, processors, wholesale distributors, or

importers that supply the entities listed under clause (i)

with such products for sale or distribution in interstate

commerce in the United States.

(2) Study and report

(A) Study

The Administrator shall conduct a study of the emissions of

volatile organic compounds into the ambient air from consumer

and commercial products (or any combination thereof) in order

to -

(i) determine their potential to contribute to ozone levels

which violate the national ambient air quality standard for

ozone; and

(ii) establish criteria for regulating consumer and

commercial products or classes or categories thereof which

shall be subject to control under this subsection.

The study shall be completed and a report submitted to Congress

not later than 3 years after November 15, 1990.

(B) Consideration of certain factors

In establishing the criteria under subparagraph (A)(ii), the

Administrator shall take into consideration each of the

following:

(i) The uses, benefits, and commercial demand of consumer

and commercial products.

(ii) The health or safety functions (if any) served by such

consumer and commercial products.

(iii) Those consumer and commercial products which emit

highly reactive volatile organic compounds into the ambient

air.

(iv) Those consumer and commercial products which are

subject to the most cost-effective controls.

(v) The availability of alternatives (if any) to such

consumer and commercial products which are of comparable

costs, considering health, safety, and environmental impacts.

(3) Regulations to require emission reductions

(A) In general

Upon submission of the final report under paragraph (2), the

Administrator shall list those categories of consumer or

commercial products that the Administrator determines, based on

the study, account for at least 80 percent of the VOC

emissions, on a reactivity-adjusted basis, from consumer or

commercial products in areas that violate the NAAQS for ozone.

Credit toward the 80 percent emissions calculation shall be

given for emission reductions from consumer or commercial

products made after November 15, 1990. At such time, the

Administrator shall divide the list into 4 groups establishing

priorities for regulation based on the criteria established in

paragraph (2). Every 2 years after promulgating such list, the

Administrator shall regulate one group of categories until all

4 groups are regulated. The regulations shall require best

available controls as defined in this section. Such regulations

may exempt health use products for which the Administrator

determines there is no suitable substitute. In order to carry

out this section, the Administrator may, by regulation, control

or prohibit any activity, including the manufacture or

introduction into commerce, offering for sale, or sale of any

consumer or commercial product which results in emission of

volatile organic compounds into the ambient air.

(B) Regulated entities

Regulations under this subsection may be imposed only with

respect to regulated entities.

For any consumer or commercial product the Administrator may

issue control techniques guidelines under this chapter in lieu

of regulations required under subparagraph (A) if the

Administrator determines that such guidance will be

substantially as effective as regulations in reducing emissions

of volatile organic compounds which contribute to ozone levels

in areas which violate the national ambient air quality

standard for ozone.

(4) Systems of regulation

The regulations under this subsection may include any system or

systems of regulation as the Administrator may deem appropriate,

including requirements for registration and labeling,

self-monitoring and reporting, prohibitions, limitations, or

economic incentives (including marketable permits and auctions of

emissions rights) concerning the manufacture, processing,

distribution, use, consumption, or disposal of the product.

(5) Special fund

Any amounts collected by the Administrator under such

regulations shall be deposited in a special fund in the United

States Treasury for licensing and other services, which

thereafter shall be available until expended, subject to annual

appropriation Acts, solely to carry out the activities of the

Administrator for which such fees, charges, or collections are

established or made.

(6) Enforcement

Any regulation established under this subsection shall be

treated, for purposes of enforcement of this chapter, as a

standard under section 7411 of this title and any violation of

such regulation shall be treated as a violation of a requirement

of section 7411(e) of this title.

(7) State administration

Each State may develop and submit to the Administrator a

procedure under State law for implementing and enforcing

regulations promulgated under this subsection. If the

Administrator finds the State procedure is adequate, the

Administrator shall approve such procedure. Nothing in this

paragraph shall prohibit the Administrator from enforcing any

applicable regulations under this subsection.

(8) Size, etc.

No regulations regarding the size, shape, or labeling of a

product may be promulgated, unless the Administrator determines

such regulations to be useful in meeting any national ambient air

quality standard.

(9) State consultation

Any State which proposes regulations other than those adopted

under this subsection shall consult with the Administrator

regarding whether any other State or local subdivision has

promulgated or is promulgating regulations on any products

covered under this part. The Administrator shall establish a

clearinghouse of information, studies, and regulations proposed

and promulgated regarding products covered under this subsection

and disseminate such information collected as requested by State

or local subdivisions.

(f) Tank vessel standards

(1) Schedule for standards

(A) Within 2 years after November 15, 1990, the Administrator,

in consultation with the Secretary of the Department in which the

Coast Guard is operating, shall promulgate standards applicable

to the emission of VOCs and any other air pollutant from loading

and unloading of tank vessels (as that term is defined in section

2101 of title 46) which the Administrator finds causes, or

contributes to, air pollution that may be reasonably anticipated

to endanger public health or welfare. Such standards shall

require the application of reasonably available control

technology, considering costs, any nonair-quality benefits,

environmental impacts, energy requirements and safety factors

associated with alternative control techniques. To the extent

practicable such standards shall apply to loading and unloading

facilities and not to tank vessels.

(B) Any regulation prescribed under this subsection (and any

revision thereof) shall take effect after such period as the

Administrator finds (after consultation with the Secretary of the

department (!1) in which the Coast Guard is operating) necessary

to permit the development and application of the requisite

technology, giving appropriate consideration to the cost of

compliance within such period, except that the effective date

shall not be more than 2 years after promulgation of such

regulations.

(2) Regulations on equipment safety

Within 6 months after November 15, 1990, the Secretary of the

Department in which the Coast Guard is operating shall issue

regulations to ensure the safety of the equipment and operations

which are to control emissions from the loading and unloading of

tank vessels, under section 3703 of title 46 and section 1225 of

title 33. The standards promulgated by the Administrator under

paragraph (1) and the regulations issued by a State or political

subdivision regarding emissions from the loading and unloading of

tank vessels shall be consistent with the regulations regarding

safety of the Department in which the Coast Guard is operating.

(3) Agency authority

(A) The Administrator shall ensure compliance with the tank

vessel emission standards prescribed under paragraph (1)(A). The

Secretary of the Department in which the Coast Guard is operating

shall also ensure compliance with the tank vessel standards

prescribed under paragraph (1)(A).

(B) The Secretary of the Department in which the Coast Guard is

operating shall ensure compliance with the regulations issued

under paragraph (2).

(4) State or local standards

After the Administrator promulgates standards under this

section, no State or political subdivision thereof may adopt or

attempt to enforce any standard respecting emissions from tank

vessels subject to regulation under paragraph (1) unless such

standard is no less stringent than the standards promulgated

under paragraph (1).

(5) Enforcement

Any standard established under paragraph (1)(A) shall be

treated, for purposes of enforcement of this chapter, as a

standard under section 7411 of this title and any violation of

such standard shall be treated as a violation of a requirement of

section 7411(e) of this title.

(g) Ozone design value study

The Administrator shall conduct a study of whether the

methodology in use by the Environmental Protection Agency as of

November 15, 1990, for establishing a design value for ozone

provides a reasonable indicator of the ozone air quality of ozone

nonattainment areas. The Administrator shall obtain input from

States, local subdivisions thereof, and others. The study shall be

completed and a report submitted to Congress not later than 3 years

after November 15, 1990. The results of the study shall be subject

to peer and public review before submitting it to Congress.

(h) Vehicles entering ozone nonattainment areas

(1) Authority regarding ozone inspection and maintenance testing

(A) In general

No noncommercial motor vehicle registered in a foreign

country and operated by a United States citizen or by an alien

who is a permanent resident of the United States, or who holds

a visa for the purposes of employment or educational study in

the United States, may enter a covered ozone nonattainment area

from a foreign country bordering the United States and

contiguous to the nonattainment area more than twice in a

single calendar-month period, if State law has requirements for

the inspection and maintenance of such vehicles under the

applicable implementation plan in the nonattainment area.

(B) Applicability

Subparagraph (A) shall not apply if the operator presents

documentation at the United States border entry point

establishing that the vehicle has complied with such inspection

and maintenance requirements as are in effect and are

applicable to motor vehicles of the same type and model year.

(2) Sanctions for violations

The President may impose and collect from the operator of any

motor vehicle who violates, or attempts to violate, paragraph (1)

a civil penalty of not more than $200 for the second violation or

attempted violation and $400 for the third and each subsequent

violation or attempted violation.

(3) State election

The prohibition set forth in paragraph (1) shall not apply in

any State that elects to be exempt from the prohibition. Such an

election shall take effect upon the President's receipt of

written notice from the Governor of the State notifying the

President of such election.

(4) Alternative approach

The prohibition set forth in paragraph (1) shall not apply in a

State, and the President may implement an alternative approach,

if -

(A) the Governor of the State submits to the President a

written description of an alternative approach to facilitate

the compliance, by some or all foreign-registered motor

vehicles, with the motor vehicle inspection and maintenance

requirements that are -

(i) related to emissions of air pollutants;

(ii) in effect under the applicable implementation plan in

the covered ozone nonattainment area; and

(iii) applicable to motor vehicles of the same types and

model years as the foreign-registered motor vehicles; and

(B) the President approves the alternative approach as

facilitating compliance with the motor vehicle inspection and

maintenance requirements referred to in subparagraph (A).

(5) Definition of covered ozone nonattainment area

In this section, the term "covered ozone nonattainment area"

means a Serious Area, as classified under section 7511 of this

title as of October 27, 1998.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 183, as added Pub. L.

101-549, title I, Sec. 103, Nov. 15, 1990, 104 Stat. 2443; amended

Pub. L. 105-286, Sec. 2, Oct. 27, 1998, 112 Stat. 2773.)

-REFTEXT-

REFERENCES IN TEXT

The Solid Waste Disposal Act, referred to in subsec. (b)(2), 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 C of the Act is classified generally to subchapter III

(Sec. 6921 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.

-MISC1-

AMENDMENTS

1998 - Subsec. (h). Pub. L. 105-286 added subsec. (h).

EFFECTIVE DATE OF 1998 AMENDMENT; PUBLICATION OF PROHIBITION

Pub. L. 105-286, Sec. 3, Oct. 27, 1998, 112 Stat. 2774, provided

that:

"(a) In General. - The amendment made by section 2 [amending this

section] takes effect 180 days after the date of the enactment of

this Act [Oct. 27, 1998]. Nothing in that amendment shall require

action that is inconsistent with the obligations of the United

States under any international agreement.

"(b) Information. - As soon as practicable after the date of the

enactment of this Act, the appropriate agency of the United States

shall distribute information to publicize the prohibition set forth

in the amendment made by section 2."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7607 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

42 USC Sec. 7511c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 2 - additional provisions for ozone nonattainment areas

-HEAD-

Sec. 7511c. Control of interstate ozone air pollution

-STATUTE-

(a) Ozone transport regions

A single transport region for ozone (within the meaning of

section 7506a(a) of this title), comprised of the States of

Connecticut, Delaware, Maine, Maryland, Massachusetts, New

Hampshire, New Jersey, New York, Pennsylvania, Rhode Island,

Vermont, and the Consolidated Metropolitan Statistical Area that

includes the District of Columbia, is hereby established by

operation of law. The provisions of section 7506a(a)(1) and (2) of

this title shall apply with respect to the transport region

established under this section and any other transport region

established for ozone, except to the extent inconsistent with the

provisions of this section. The Administrator shall convene the

commission required (under section 7506a(b) of this title) as a

result of the establishment of such region within 6 months of

November 15, 1990.

(b) Plan provisions for States in ozone transport regions

(1) In accordance with section 7410 of this title, not later than

2 years after November 15, 1990 (or 9 months after the subsequent

inclusion of a State in a transport region established for ozone),

each State included within a transport region established for ozone

shall submit a State implementation plan or revision thereof to the

Administrator which requires the following -

(A) that each area in such State that is in an ozone transport

region, and that is a metropolitan statistical area or part

thereof with a population of 100,000 or more comply with the

provisions of section 7511a(c)(2)(A) of this title (pertaining to

enhanced vehicle inspection and maintenance programs); and

(B) implementation of reasonably available control technology

with respect to all sources of volatile organic compounds in the

State covered by a control techniques guideline issued before or

after November 15, 1990.

(2) Within 3 years after November 15, 1990, the Administrator

shall complete a study identifying control measures capable of

achieving emission reductions comparable to those achievable

through vehicle refueling controls contained in section 7511a(b)(3)

of this title, and such measures or such vehicle refueling controls

shall be implemented in accordance with the provisions of this

section. Notwithstanding other deadlines in this section, the

applicable implementation plan shall be revised to reflect such

measures within 1 year of completion of the study. For purposes of

this section any stationary source that emits or has the potential

to emit at least 50 tons per year of volatile organic compounds

shall be considered a major stationary source and subject to the

requirements which would be applicable to major stationary sources

if the area were classified as a Moderate nonattainment area.

(1) Recommendations

Upon petition of any State within a transport region

established for ozone, and based on a majority vote of the

Governors on the Commission (!1) (or their designees), the

Commission (!1) may, after notice and opportunity for public

comment, develop recommendations for additional control measures

to be applied within all or a part of such transport region if

the commission determines such measures are necessary to bring

any area in such region into attainment by the dates provided by

this subpart. The commission shall transmit such recommendations

to the Administrator.

(2) Notice and review

Whenever the Administrator receives recommendations prepared by

a commission pursuant to paragraph (1) (the date of receipt of

which shall hereinafter in this section be referred to as the

"receipt date"), the Administrator shall -

(A) immediately publish in the Federal Register a notice

stating that the recommendations are available and provide an

opportunity for public hearing within 90 days beginning on the

receipt date; and

(B) commence a review of the recommendations to determine

whether the control measures in the recommendations are

necessary to bring any area in such region into attainment by

the dates provided by this subpart and are otherwise consistent

with this chapter.

(3) Consultation

In undertaking the review required under paragraph (2)(B), the

Administrator shall consult with members of the commission of the

affected States and shall take into account the data, views, and

comments received pursuant to paragraph (2)(A).

(4) Approval and disapproval

Within 9 months after the receipt date, the Administrator shall

(A) determine whether to approve, disapprove, or partially

disapprove and partially approve the recommendations; (B) notify

the commission in writing of such approval, disapproval, or

partial disapproval; and (C) publish such determination in the

Federal Register. If the Administrator disapproves or partially

disapproves the recommendations, the Administrator shall specify

(i) why any disapproved additional control measures are not

necessary to bring any area in such region into attainment by

the dates provided by this subpart or are otherwise not

consistent with the (!2) chapter; and

(ii) recommendations concerning equal or more effective

actions that could be taken by the commission to conform the

disapproved portion of the recommendations to the requirements

of this section.

(5) Finding

Upon approval or partial approval of recommendations submitted

by a commission, the Administrator shall issue to each State

which is included in the transport region and to which a

requirement of the approved plan applies, a finding under section

7410(k)(5) of this title that the implementation plan for such

State is inadequate to meet the requirements of section

7410(a)(2)(D) of this title. Such finding shall require each such

State to revise its implementation plan to include the approved

additional control measures within one year after the finding is

issued.

(d) Best available air quality monitoring and modeling

For purposes of this section, not later than 6 months after

November 15, 1990, the Administrator shall promulgate criteria for

purposes of determining the contribution of sources in one area to

concentrations of ozone in another area which is a nonattainment

area for ozone. Such criteria shall require that the best available

air quality monitoring and modeling techniques be used for purposes

of making such determinations.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 184, as added Pub. L.

101-549, title I, Sec. 103, Nov. 15, 1990, 104 Stat. 2448.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7406, 7410, 7511a of this

title.

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

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

-End-

-CITE-

42 USC Sec. 7511d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 2 - additional provisions for ozone nonattainment areas

-HEAD-

Sec. 7511d. Enforcement for Severe and Extreme ozone nonattainment

areas for failure to attain

-STATUTE-

(a) General rule

Each implementation plan revision required under section 7511a(d)

and (e) of this title (relating to the attainment plan for Severe

and Extreme ozone nonattainment areas) shall provide that, if the

area to which such plan revision applies has failed to attain the

national primary ambient air quality standard for ozone by the

applicable attainment date, each major stationary source of VOCs

located in the area shall, except as otherwise provided under

subsection (c) of this section, pay a fee to the State as a penalty

for such failure, computed in accordance with subsection (b) of

this section, for each calendar year beginning after the attainment

date, until the area is redesignated as an attainment area for

ozone. Each such plan revision should include procedures for

assessment and collection of such fees.

(b) Computation of fee

(1) Fee amount

The fee shall equal $5,000, adjusted in accordance with

paragraph (3), per ton of VOC emitted by the source during the

calendar year in excess of 80 percent of the baseline amount,

computed under paragraph (2).

(2) Baseline amount

For purposes of this section, the baseline amount shall be

computed, in accordance with such guidance as the Administrator

may provide, as the lower of the amount of actual VOC emissions

("actuals") or VOC emissions allowed under the permit applicable

to the source (or, if no such permit has been issued for the

attainment year, the amount of VOC emissions allowed under the

applicable implementation plan ("allowables")) during the

attainment year. Notwithstanding the preceding sentence, the

Administrator may issue guidance authorizing the baseline amount

to be determined in accordance with the lower of average actuals

or average allowables, determined over a period of more than one

calendar year. Such guidance may provide that such average

calculation for a specific source may be used if that source's

emissions are irregular, cyclical, or otherwise vary

significantly from year to year.

(3) Annual adjustment

The fee amount under paragraph (1) shall be adjusted annually,

beginning in the year beginning after 1990, in accordance with

section 7661a(b)(3)(B)(v) of this title (relating to inflation

adjustment).

Notwithstanding any provision of this section, no source shall be

required to pay any fee under subsection (a) of this section with

respect to emissions during any year that is treated as an

Extension Year under section 7511(a)(5) of this title.

(d) Fee collection by Administrator

If the Administrator has found that the fee provisions of the

implementation plan do not meet the requirements of this section,

or if the Administrator makes a finding that the State is not

administering and enforcing the fee required under this section,

the Administrator shall, in addition to any other action authorized

under this subchapter, collect, in accordance with procedures

promulgated by the Administrator, the unpaid fees required under

subsection (a) of this section. If the Administrator makes such a

finding under section 7509(a)(4) of this title, the Administrator

may collect fees for periods before the determination, plus

interest computed in accordance with section 6621(a)(2) of title 26

(relating to computation of interest on underpayment of Federal

taxes), to the extent the Administrator finds such fees have not

been paid to the State. The provisions of clauses (ii) through

(iii) of section 7661a(b)(3)(C) of this title (relating to

penalties and use of the funds, respectively) shall apply with

respect to fees collected under this subsection.

(e) Exemptions for certain small areas

For areas with a total population under 200,000 which fail to

attain the standard by the applicable attainment date, no sanction

under this section or under any other provision of this chapter

shall apply if the area can demonstrate, consistent with guidance

issued by the Administrator, that attainment in the area is

prevented because of ozone or ozone precursors transported from

other areas. The prohibition applies only in cases in which the

area has met all requirements and implemented all measures

applicable to the area under this chapter.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 185, as added Pub. L.

101-549, title I, Sec. 103, Nov. 15, 1990, 104 Stat. 2450.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7509a, 7511, 7511a of

this title.

-End-

-CITE-

42 USC Sec. 7511e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 2 - additional provisions for ozone nonattainment areas

-HEAD-

Sec. 7511e. Transitional areas

-STATUTE-

If an area designated as an ozone nonattainment area as of

November 15, 1990, has not violated the national primary ambient

air quality standard for ozone for the 36-month period commencing

on January 1, 1987, and ending on December 31, 1989, the

Administrator shall suspend the application of the requirements of

this subpart to such area until December 31, 1991. By June 30,

1992, the Administrator shall determine by order, based on the

area's design value as of the attainment date, whether the area

attained such standard by December 31, 1991. If the Administrator

determines that the area attained the standard, the Administrator

shall require, as part of the order, the State to submit a

maintenance plan for the area within 12 months of such

determination. If the Administrator determines that the area failed

to attain the standard, the Administrator shall, by June 30, 1992,

designate the area as nonattainment under section 7407(d)(4) of

this title.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 185A, as added Pub. L.

101-549, title I, Sec. 103, Nov. 15, 1990, 104 Stat. 2451.)

-End-

-CITE-

42 USC Sec. 7511f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 2 - additional provisions for ozone nonattainment areas

-HEAD-

Sec. 7511f. NOG5x and VOC study

-STATUTE-

The Administrator, in conjunction with the National Academy of

Sciences, shall conduct a study on the role of ozone precursors in

tropospheric ozone formation and control. The study shall examine

the roles of NOG5x and VOC emission reductions, the extent to

which NOG5x reductions may contribute (or be counterproductive) to

achievement of attainment in different nonattainment areas, the

sensitivity of ozone to the control of NOG5x, the availability and

extent of controls for NOG5x, the role of biogenic VOC emissions,

and the basic information required for air quality models. The

study shall be completed and a proposed report made public for 30

days comment within 1 year of November 15, 1990, and a final report

shall be submitted to Congress within 15 months after November 15,

1990. The Administrator shall utilize all available information and

studies, as well as develop additional information, in conducting

the study required by this section.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 185B, as added Pub. L.

101-549, title I, Sec. 103, Nov. 15, 1990, 104 Stat. 2452.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7511a of this title.

-End-

-CITE-

42 USC subpart 3 - additional provisions for carbon

monoxide nonattainment areas 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 3 - additional provisions for carbon monoxide nonattainment

areas

-HEAD-

SUBPART 3 - ADDITIONAL PROVISIONS FOR CARBON MONOXIDE NONATTAINMENT

AREAS

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 7418, 7626 of this title;

title 23 section 104; title 49 section 5308.

-End-

-CITE-

42 USC Sec. 7512 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 3 - additional provisions for carbon monoxide nonattainment

areas

-HEAD-

Sec. 7512. Classification and attainment dates

-STATUTE-

(a) Classification by operation of law and attainment dates for

nonattainment areas

(1) Each area designated nonattainment for carbon monoxide

pursuant to section 7407(d) of this title shall be classified at

the time of such designation under table 1, by operation of law, as

a Moderate Area or a Serious Area based on the design value for the

area. The design value shall be calculated according to the

interpretation methodology issued by the Administrator most

recently before November 15, 1990. For each area classified under

this subsection, the primary standard attainment date for carbon

monoxide shall be as expeditiously as practicable but not later

than the date provided in table 1:

TABLE 3 (!1)

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

Area Design value Primary standard

classification attainment date

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

Moderate 9.1-16.4 ppm December 31, 1995

Serious 16.5 and above December 31, 2000

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

(2) At the time of publication of the notice required under

section 7407 of this title (designating carbon monoxide

nonattainment areas), the Administrator shall publish a notice

announcing the classification of each such carbon monoxide

nonattainment area. The provisions of section 7502(a)(1)(B) of this

title (relating to lack of notice-and-comment and judicial review)

shall apply with respect to such classification.

(3) If an area classified under paragraph (1), table 1, would

have been classified in another category if the design value in the

area were 5 percent greater or 5 percent less than the level on

which such classification was based, the Administrator may, in the

Administrator's discretion, within 90 days after November 15, 1990,

by the procedure required under paragraph (2), adjust the

classification of the area. In making such adjustment, the

Administrator may consider the number of exceedances of the

national primary ambient air quality standard for carbon monoxide

in the area, the level of pollution transport between the area and

the other affected areas, and the mix of sources and air pollutants

in the area. The Administrator may make the same adjustment for

purposes of paragraphs (2), (3), (6), and (7) of section 7512a(a)

of this title.

(4) Upon application by any State, the Administrator may extend

for 1 additional year (hereinafter in this subpart referred to as

the "Extension Year") the date specified in table 1 of subsection

(a) of this section if -

(A) the State has complied with all requirements and

commitments pertaining to the area in the applicable

implementation plan, and

(B) no more than one exceedance of the national ambient air

quality standard level for carbon monoxide has occurred in the

area in the year preceding the Extension Year.

No more than 2 one-year extensions may be issued under this

paragraph for a single nonattainment area.

(b) New designations and reclassifications

(1) New designations to nonattainment

Any area that is designated attainment or unclassifiable for

carbon monoxide under section 7407(d)(4) of this title, and that

is subsequently redesignated to nonattainment for carbon monoxide

under section 7407(d)(3) of this title, shall, at the time of the

redesignation, be classified by operation of law in accordance

with table 1 under subsections (a)(1) and (a)(4) of this section.

Upon its classification, the area shall be subject to the same

requirements under section 7410 of this title, subpart 1 of this

part, and this subpart that would have applied had the area been

so classified at the time of the notice under subsection (a)(2)

of this section, except that any absolute, fixed date applicable

in connection with any such requirement is extended by operation

of law by a period equal to the length of time between November

15, 1990, and the date the area is classified.

(2) Reclassification of Moderate Areas upon failure to attain

(A) General rule

Within 6 months following the applicable attainment date for

a carbon monoxide nonattainment area, the Administrator shall

determine, based on the area's design value as of the

attainment date, whether the area has attained the standard by

that date. Any Moderate Area that the Administrator finds has

not attained the standard by that date shall be reclassified by

operation of law in accordance with table 1 of subsection

(a)(1) of this section as a Serious Area.

(B) Publication of notice

The Administrator shall publish a notice in the Federal

identifying each area that the Administrator has determined,

under subparagraph (A), as having failed to attain and

identifying the reclassification, if any, described under

subparagraph (A).

Any reference in this subpart to a "Moderate Area" or a "Serious

Area" shall be considered a reference to a Moderate Area or a

Serious Area, respectively, as classified under this section.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 186, as added Pub. L.

101-549, title I, Sec. 104, Nov. 15, 1990, 104 Stat. 2452.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7509a, 7512a, 7545, 7607

of this title; title 23 section 149.

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 7512a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 3 - additional provisions for carbon monoxide nonattainment

areas

-HEAD-

Sec. 7512a. Plan submissions and requirements

-STATUTE-

(a) Moderate Areas

Each State in which all or part of a Moderate Area is located

shall, with respect to the Moderate Area (or portion thereof, to

the extent specified in guidance of the Administrator issued before

November 15, 1990), submit to the Administrator the State

implementation plan revisions (including the plan items) described

under this subsection, within such periods as are prescribed under

this subsection, except to the extent the State has made such

submissions as of November 15, 1990:

(1) Inventory

No later than 2 years from November 15, 1990, the State shall

submit a comprehensive, accurate, current inventory of actual

emissions from all sources, as described in section 7502(c)(3) of

this title, in accordance with guidance provided by the

Administrator.

(2)(A) Vehicle miles traveled

No later than 2 years after November 15, 1990, for areas with a

design value above 12.7 ppm at the time of classification, the

plan revision shall contain a forecast of vehicle miles traveled

in the nonattainment area concerned for each year before the year

in which the plan projects the national ambient air quality

standard for carbon monoxide to be attained in the area. The

forecast shall be based on guidance which shall be published by

the Administrator, in consultation with the Secretary of

Transportation, within 6 months after November 15, 1990. The plan

revision shall provide for annual updates of the forecasts to be

submitted to the Administrator together with annual reports

regarding the extent to which such forecasts proved to be

accurate. Such annual reports shall contain estimates of actual

vehicle miles traveled in each year for which a forecast was

required.

(B) Special rule for Denver

Within 2 years after November 15, 1990, in the case of Denver,

the State shall submit a revision that includes the

transportation control measures as required in section

7511a(d)(1)(A) of this title except that such revision shall be

for the purpose of reducing CO emissions rather than volatile

organic compound emissions. If the State fails to include any

such measure, the implementation plan shall contain an

explanation of why such measure was not adopted and what

emissions reduction measure was adopted to provide a comparable

reduction in emissions, or reasons why such reduction is not

necessary to attain the national primary ambient air quality

standard for carbon monoxide.

(3) Contingency provisions

No later than 2 years after November 15, 1990, for areas with a

design value above 12.7 ppm at the time of classification, the

plan revision shall provide for the implementation of specific

measures to be undertaken if any estimate of vehicle miles

traveled in the area which is submitted in an annual report under

paragraph (2) exceeds the number predicted in the most recent

prior forecast or if the area fails to attain the national

primary ambient air quality standard for carbon monoxide by the

primary standard attainment date. Such measures shall be included

in the plan revision as contingency measures to take effect

without further action by the State or the Administrator if the

prior forecast has been exceeded by an updated forecast or if the

national standard is not attained by such deadline.

(4) Savings clause for vehicle inspection and maintenance

provisions of the State implementation plan

Immediately after November 15, 1990, for any Moderate Area (or,

within the Administrator's discretion, portion thereof), the plan

for which is of the type described in section 7511a(a)(2)(B) of

this title any provisions necessary to ensure that the applicable

implementation plan includes the vehicle inspection and

maintenance program described in section 7511a(a)(2)(B) of this

title.

(5) Periodic inventory

No later than September 30, 1995, and no later than the end of

each 3 year period thereafter, until the area is redesignated to

attainment, a revised inventory meeting the requirements of

subsection (a)(1) of this section.

(6) Enhanced vehicle inspection and maintenance

No later than 2 years after November 15, 1990, in the case of

Moderate Areas with a design value greater than 12.7 ppm at the

time of classification, a revision that includes provisions for

an enhanced vehicle inspection and maintenance program as

required in section 7511a(c)(3) of this title (concerning serious

ozone nonattainment areas), except that such program shall be for

the purpose of reducing carbon monoxide rather than hydrocarbon

emissions.

(7) Attainment demonstration and specific annual emission

reductions

In the case of Moderate Areas with a design value greater than

12.7 ppm at the time of classification, no later than 2 years

after November 15, 1990, a revision to provide, and a

demonstration that the plan as revised will provide, for

attainment of the carbon monoxide NAAQS by the applicable

attainment date and provisions for such specific annual emission

reductions as are necessary to attain the standard by that date.

The Administrator may, in the Administrator's discretion, require

States to submit a schedule for submitting any of the revisions or

other items required under this subsection. In the case of Moderate

Areas with a design value of 12.7 ppm or lower at the time of

classification, the requirements of this subsection shall apply in

lieu of any requirement that the State submit a demonstration that

the applicable implementation plan provides for attainment of the

carbon monoxide standard by the applicable attainment date.

(b) Serious Areas

(1) In general

Each State in which all or part of a Serious Area is located

shall, with respect to the Serious Area, make the submissions

(other than those required under subsection (a)(1)(B) (!1) of

this section) applicable under subsection (a) of this section to

Moderate Areas with a design value of 12.7 ppm or greater at the

time of classification, and shall also submit the revision and

other items described under this subsection.

(2) Vehicle miles traveled

Within 2 years after November 15, 1990, the State shall submit

a revision that includes the transportation control measures as

required in section 7511a(d)(1) of this title except that such

revision shall be for the purpose of reducing CO emissions rather

than volatile organic compound emissions. In the case of any such

area (other than an area in New York State) which is a covered

area (as defined in section 7586(a)(2)(B) of this title) for

purposes of the Clean Fuel Fleet program under part C of

subchapter II of this chapter, if the State fails to include any

such measure, the implementation plan shall contain an

explanation of why such measure was not adopted and what

emissions reduction measure was adopted to provide a comparable

reduction in emissions, or reasons why such reduction is not

necessary to attain the national primary ambient air quality

standard for carbon monoxide.

(3) Oxygenated gasoline

(A) Within 2 years after November 15, 1990, the State shall

submit a revision to require that gasoline sold, supplied,

offered for sale or supply, dispensed, transported or introduced

into commerce in the larger of -

(i) the Consolidated Metropolitan Statistical Area (as

defined by the United States Office of Management and Budget)

(CMSA) in which the area is located, or

(ii) if the area is not located in a CMSA, the Metropolitan

Statistical Area (as defined by the United States Office of

Management and Budget) in which the area is located,

be blended, during the portion of the year in which the area is

prone to high ambient concentrations of carbon monoxide (as

determined by the Administrator), with fuels containing such

level of oxygen as is necessary, in combination with other

measures, to provide for attainment of the carbon monoxide

national ambient air quality standard by the applicable

attainment date and maintenance of the national ambient air

quality standard thereafter in the area. The revision shall

provide that such requirement shall take effect no later than

October 1, 1993, and shall include a program for implementation

and enforcement of the requirement consistent with guidance to be

issued by the Administrator.

(B) Notwithstanding subparagraph (A), the revision described in

this paragraph shall not be required for an area if the State

demonstrates to the satisfaction of the Administrator that the

revision is not necessary to provide for attainment of the carbon

monoxide national ambient air quality standard by the applicable

attainment date and maintenance of the national ambient air

quality standard thereafter in the area.

(1) Serious Areas

In the case of Serious Areas in which stationary sources

contribute significantly to carbon monoxide levels (as determined

under rules issued by the Administrator), the State shall submit

a plan revision within 2 years after November 15, 1990, which

provides that the term "major stationary source" includes (in

addition to the sources described in section 7602 of this title)

any stationary source which emits, or has the potential to emit,

50 tons per year or more of carbon monoxide.

(2) Waivers for certain areas

The Administrator may, on a case-by-case basis, waive any

requirements that pertain to transportation controls, inspection

and maintenance, or oxygenated fuels where the Administrator

determines by rule that mobile sources of carbon monoxide do not

contribute significantly to carbon monoxide levels in the area.

(3) Guidelines

Within 6 months after November 15, 1990, the Administrator

shall issue guidelines for and rules determining whether

stationary sources contribute significantly to carbon monoxide

levels in an area.

(d) CO milestone

(1) Milestone demonstration

By March 31, 1996, each State in which all or part of a Serious

Area is located shall submit to the Administrator a demonstration

that the area has achieved a reduction in emissions of CO

equivalent to the total of the specific annual emission

reductions required by December 31, 1995. Such reductions shall

be referred to in this subsection as the milestone.

(2) Adequacy of demonstration

A demonstration under this paragraph shall be submitted in such

form and manner, and shall contain such information and analysis,

as the Administrator shall require. The Administrator shall

determine whether or not a State's demonstration is adequate

within 90 days after the Administrator's receipt of a

demonstration which contains the information and analysis

required by the Administrator.

(3) Failure to meet emission reduction milestone

If a State fails to submit a demonstration under paragraph (1)

within the required period, or if the Administrator notifies the

State that the State has not met the milestone, the State shall,

within 9 months after such a failure or notification, submit a

plan revision to implement an economic incentive and

transportation control program as described in section

7511a(g)(4) of this title. Such revision shall be sufficient to

achieve the specific annual reductions in carbon monoxide

emissions set forth in the plan by the attainment date.

(e) Multi-State CO nonattainment areas

(1) Coordination among States

Each State in which there is located a portion of a single

nonattainment area for carbon monoxide which covers more than one

State ("multi-State nonattainment area") shall take all

reasonable steps to coordinate, substantively and procedurally,

the revisions and implementation of State implementation plans

applicable to the nonattainment area concerned. The Administrator

may not approve any revision of a State implementation plan

submitted under this part for a State in which part of a

multi-State nonattainment area is located if the plan revision

for that State fails to comply with the requirements of this

subsection.

(2) Failure to demonstrate attainment

If any State in which there is located a portion of a

multi-State nonattainment area fails to provide a demonstration

of attainment of the national ambient air quality standard for

carbon monoxide in that portion within the period required under

this part the State may petition the Administrator to make a

finding that the State would have been able to make such

demonstration but for the failure of one or more other States in

which other portions of the area are located to commit to the

implementation of all measures required under this section

(relating to plan submissions for carbon monoxide nonattainment

areas). If the Administrator makes such finding, in the portion

of the nonattainment area within the State submitting such

petition, no sanction shall be imposed under section 7509 of this

title or under any other provision of this chapter, by reason of

the failure to make such demonstration.

(f) Reclassified areas

Each State containing a carbon monoxide nonattainment area

reclassified under section 7512(b)(2) of this title shall meet the

requirements of subsection (b) of this section, as may be

applicable to the area as reclassified, according to the schedules

prescribed in connection with such requirements, except that the

Administrator may adjust any applicable deadlines (other than the

attainment date) where such deadlines are shown to be infeasible.

(g) Failure of Serious Area to attain standard

If the Administrator determines under section 7512(b)(2) of this

title that the national primary ambient air quality standard for

carbon monoxide has not been attained in a Serious Area by the

applicable attainment date, the State shall submit a plan revision

for the area within 9 months after the date of such determination.

The plan revision shall provide that a program of incentives and

requirements as described in section 7511a(g)(4) of this title

shall be applicable in the area, and such program, in combination

with other elements of the revised plan, shall be adequate to

reduce the total tonnage of emissions of carbon monoxide in the

area by at least 5 percent per year in each year after approval of

the plan revision and before attainment of the national primary

ambient air quality standard for carbon monoxide.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 187, as added Pub. L.

101-549, title I, Sec. 104, Nov. 15, 1990, 104 Stat. 2454.)

-MISC1-

MORATORIUM ON CERTAIN EMISSIONS TESTING REQUIREMENTS

For provisions prohibiting Administrator of Environmental

Protection Agency from requiring adoption or implementation by

State of test-only I/M240 enhanced vehicle inspection and

maintenance program as means of compliance with this section, with

further provisions relating to plan disapproval and emissions

reduction credits, see section 348 of Pub. L. 104-59, set out as a

note under section 7511a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7504, 7506, 7512 of this

title.

-FOOTNOTE-

(!1) So in original. Subsec. (a)(1) of this section does not contain

a subpar. (B).

-End-

-CITE-

42 USC subpart 4 - additional provisions for particulate

matter nonattainment areas 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 4 - additional provisions for particulate matter

nonattainment areas

-HEAD-

SUBPART 4 - ADDITIONAL PROVISIONS FOR PARTICULATE MATTER

NONATTAINMENT AREAS

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 7626 of this title.

-End-

-CITE-

42 USC Sec. 7513 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 4 - additional provisions for particulate matter

nonattainment areas

-HEAD-

Sec. 7513. Classifications and attainment dates

-STATUTE-

(a) Initial classifications

Every area designated nonattainment for PM-10 pursuant to section

7407(d) of this title shall be classified at the time of such

designation, by operation of law, as a moderate PM-10 nonattainment

area (also referred to in this subpart as a "Moderate Area") at the

time of such designation. At the time of publication of the notice

under section 7407(d)(4) of this title (relating to area

designations) for each PM-10 nonattainment area, the Administrator

shall publish a notice announcing the classification of such area.

The provisions of section 7502(a)(1)(B) of this title (relating to

lack of notice-and-comment and judicial review) shall apply with

respect to such classification.

(b) Reclassification as Serious

(1) Reclassification before attainment date

The Administrator may reclassify as a Serious PM-10

nonattainment area (identified in this subpart also as a "Serious

Area") any area that the Administrator determines cannot

practicably attain the national ambient air quality standard for

PM-10 by the attainment date (as prescribed in subsection (c) of

this section) for Moderate Areas. The Administrator shall

reclassify appropriate areas as Serious by the following dates:

(A) For areas designated nonattainment for PM-10 under

section 7407(d)(4) of this title, the Administrator shall

propose to reclassify appropriate areas by June 30, 1991, and

take final action by December 31, 1991.

(B) For areas subsequently designated nonattainment, the

Administrator shall reclassify appropriate areas within 18

months after the required date for the State's submission of a

SIP for the Moderate Area.

(2) Reclassification upon failure to attain

Within 6 months following the applicable attainment date for a

PM-10 nonattainment area, the Administrator shall determine

whether the area attained the standard by that date. If the

Administrator finds that any Moderate Area is not in attainment

after the applicable attainment date -

(A) the area shall be reclassified by operation of law as a

Serious Area; and

(B) the Administrator shall publish a notice in the Federal

identifying the area as having failed to attain and identifying

the reclassification described under subparagraph (A).

Except as provided under subsection (d) of this section, the

attainment dates for PM-10 nonattainment areas shall be as follows:

(1) Moderate Areas

For a Moderate Area, the attainment date shall be as

expeditiously as practicable but no later than the end of the

sixth calendar year after the area's designation as

nonattainment, except that, for areas designated nonattainment

for PM-10 under section 7407(d)(4) of this title, the attainment

date shall not extend beyond December 31, 1994.

(2) Serious Areas

For a Serious Area, the attainment date shall be as

expeditiously as practicable but no later than the end of the

tenth calendar year beginning after the area's designation as

nonattainment, except that, for areas designated nonattainment

for PM-10 under section 7407(d)(4) of this title, the date shall

not extend beyond December 31, 2001.

(d) Extension of attainment date for Moderate Areas

Upon application by any State, the Administrator may extend for 1

additional year (hereinafter referred to as the "Extension Year")

the date specified in paragraph (!1) (c)(1) if -

(1) the State has complied with all requirements and

commitments pertaining to the area in the applicable

implementation plan; and

(2) no more than one exceedance of the 24-hour national ambient

air quality standard level for PM-10 has occurred in the area in

the year preceding the Extension Year, and the annual mean

concentration of PM-10 in the area for such year is less than or

equal to the standard level.

No more than 2 one-year extensions may be issued under the

subsection for a single nonattainment area.

(e) Extension of attainment date for Serious Areas

Upon application by any State, the Administrator may extend the

attainment date for a Serious Area beyond the date specified under

subsection (c) of this section, if attainment by the date

established under subsection (c) of this section would be

impracticable, the State has complied with all requirements and

commitments pertaining to that area in the implementation plan, and

the State demonstrates to the satisfaction of the Administrator

that the plan for that area includes the most stringent measures

that are included in the implementation plan of any State or are

achieved in practice in any State, and can feasibly be implemented

in the area. At the time of such application, the State must submit

a revision to the implementation plan that includes a demonstration

of attainment by the most expeditious alternative date practicable.

In determining whether to grant an extension, and the appropriate

length of time for any such extension, the Administrator may

consider the nature and extent of nonattainment, the types and

numbers of sources or other emitting activities in the area

(including the influence of uncontrollable natural sources and

transboundary emissions from foreign countries), the population

exposed to concentrations in excess of the standard, the presence

and concentration of potentially toxic substances in the mix of

particulate emissions in the area, and the technological and

economic feasibility of various control measures. The Administrator

may not approve an extension until the State submits an attainment

demonstration for the area. The Administrator may grant at most one

such extension for an area, of no more than 5 years.

(f) Waivers for certain areas

The Administrator may, on a case-by-case basis, waive any

requirement applicable to any Serious Area under this subpart where

the Administrator determines that anthropogenic sources of PM-10 do

not contribute significantly to the violation of the PM-10 standard

in the area. The Administrator may also waive a specific date for

attainment of the standard where the Administrator determines that

nonanthropogenic sources of PM-10 contribute significantly to the

violation of the PM-10 standard in the area.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 188, as added Pub. L.

101-549, title I, Sec. 105(a), Nov. 15, 1990, 104 Stat. 2458.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7509a, 7513a of this

title; title 23 section 149.

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 7513a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 4 - additional provisions for particulate matter

nonattainment areas

-HEAD-

Sec. 7513a. Plan provisions and schedules for plan submissions

-STATUTE-

(a) Moderate Areas

(1) Plan provisions

Each State in which all or part of a Moderate Area is located

shall submit, according to the applicable schedule under

paragraph (2), an implementation plan that includes each of the

following:

(A) For the purpose of meeting the requirements of section

7502(c)(5) of this title, a permit program providing that

permits meeting the requirements of section 7503 of this title

are required for the construction and operation of new and

modified major stationary sources of PM-10.

(B) Either (i) a demonstration (including air quality

modeling) that the plan will provide for attainment by the

applicable attainment date; or (ii) a demonstration that

attainment by such date is impracticable.

measures for the control of PM-10 shall be implemented no later

than December 10, 1993, or 4 years after designation in the

case of an area classified as moderate after November 15, 1990.

(2) Schedule for plan submissions

A State shall submit the plan required under subparagraph (1)

no later than the following:

(A) Within 1 year of November 15, 1990, for areas designated

nonattainment under section 7407(d)(4) of this title, except

that the provision required under subparagraph (1)(A) shall be

submitted no later than June 30, 1992.

(B) 18 months after the designation as nonattainment, for

those areas designated nonattainment after the designations

prescribed under section 7407(d)(4) of this title.

(b) Serious Areas

(1) Plan provisions

In addition to the provisions submitted to meet the

requirements of paragraph (!1) (a)(1) (relating to Moderate

Areas), each State in which all or part of a Serious Area is

located shall submit an implementation plan for such area that

includes each of the following:

(A) A demonstration (including air quality modeling) -

(i) that the plan provides for attainment of the PM-10

national ambient air quality standard by the applicable

attainment date, or

(ii) for any area for which the State is seeking, pursuant

to section 7513(e) of this title, an extension of the

attainment date beyond the date set forth in section 7513(c)

of this title, that attainment by that date would be

impracticable, and that the plan provides for attainment by

the most expeditious alternative date practicable.

(B) Provisions to assure that the best available control

measures for the control of PM-10 shall be implemented no later

than 4 years after the date the area is classified (or

reclassified) as a Serious Area.

(2) Schedule for plan submissions

A State shall submit the demonstration required for an area

under paragraph (1)(A) no later than 4 years after

reclassification of the area to Serious, except that for areas

reclassified under section 7513(b)(2) of this title, the State

shall submit the attainment demonstration within 18 months after

reclassification to Serious. A State shall submit the provisions

described under paragraph (1)(B) no later than 18 months after

reclassification of the area as a Serious Area.

(3) Major sources

For any Serious Area, the terms "major source" and "major

stationary source" include any stationary source or group of

stationary sources located within a contiguous area and under

common control that emits, or has the potential to emit, at least

70 tons per year of PM-10.

(1) Plan revisions demonstrating attainment submitted to the

Administrator for approval under this subpart shall contain

quantitative milestones which are to be achieved every 3 years

until the area is redesignated attainment and which demonstrate

reasonable further progress, as defined in section 7501(1) of this

title, toward attainment by the applicable date.

(2) Not later than 90 days after the date on which a milestone

applicable to the area occurs, each State in which all or part of

such area is located shall submit to the Administrator a

demonstration that all measures in the plan approved under this

section have been implemented and that the milestone has been met.

A demonstration under this subsection shall be submitted in such

form and manner, and shall contain such information and analysis,

as the Administrator shall require. The Administrator shall

determine whether or not a State's demonstration under this

subsection is adequate within 90 days after the Administrator's

receipt of a demonstration which contains the information and

analysis required by the Administrator.

(3) If a State fails to submit a demonstration under paragraph

(2) with respect to a milestone within the required period or if

the Administrator determines that the area has not met any

applicable milestone, the Administrator shall require the State,

within 9 months after such failure or determination to submit a

plan revision that assures that the State will achieve the next

milestone (or attain the national ambient air quality standard for

PM-10, if there is no next milestone) by the applicable date.

(d) Failure to attain

In the case of a Serious PM-10 nonattainment area in which the

PM-10 standard is not attained by the applicable attainment date,

the State in which such area is located shall, after notice and

opportunity for public comment, submit within 12 months after the

applicable attainment date, plan revisions which provide for

attainment of the PM-10 air quality standard and, from the date of

such submission until attainment, for an annual reduction in PM-10

or PM-10 precursor emissions within the area of not less than 5

percent of the amount of such emissions as reported in the most

recent inventory prepared for such area.

(e) PM-10 precursors

The control requirements applicable under plans in effect under

this part for major stationary sources of PM-10 shall also apply to

major stationary sources of PM-10 precursors, except where the

Administrator determines that such sources do not contribute

significantly to PM-10 levels which exceed the standard in the

area. The Administrator shall issue guidelines regarding the

application of the preceding sentence.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 189, as added Pub. L.

101-549, title I, Sec. 105(a), Nov. 15, 1990, 104 Stat. 2460.)

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 7513b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 4 - additional provisions for particulate matter

nonattainment areas

-HEAD-

Sec. 7513b. Issuance of RACM and BACM guidance

-STATUTE-

The Administrator shall issue, in the same manner and according

to the same procedure as guidance is issued under section 7408(c)

of this title, technical guidance on reasonably available control

measures and best available control measures for urban fugitive

dust, and emissions from residential wood combustion (including

curtailments and exemptions from such curtailments) and prescribed

silvicultural and agricultural burning, no later than 18 months

following November 15, 1990. The Administrator shall also examine

other categories of sources contributing to nonattainment of the

PM-10 standard, and determine whether additional guidance on

reasonably available control measures and best available control

measures is needed, and issue any such guidance no later than 3

years after November 15, 1990. In issuing guidelines and making

determinations under this section, the Administrator (in

consultation with the State) shall take into account emission

reductions achieved, or expected to be achieved, under subchapter

IV-A of this chapter and other provisions of this chapter.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 190, as added Pub. L.

101-549, title I, Sec. 105(a), Nov. 15, 1990, 104 Stat. 2462.)

-End-

-CITE-

42 USC subpart 5 - additional provisions for areas

designated nonattainment for sulfur oxides,

nitrogen dioxide, or lead 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 5 - additional provisions for areas designated nonattainment

for sulfur oxides, nitrogen dioxide, or lead

-HEAD-

SUBPART 5 - ADDITIONAL PROVISIONS FOR AREAS DESIGNATED

NONATTAINMENT FOR SULFUR OXIDES, NITROGEN DIOXIDE, OR LEAD

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 7410 of this title.

-End-

-CITE-

42 USC Sec. 7514 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 5 - additional provisions for areas designated nonattainment

for sulfur oxides, nitrogen dioxide, or lead

-HEAD-

Sec. 7514. Plan submission deadlines

-STATUTE-

(a) Submission

Any State containing an area designated or redesignated under

section 7407(d) of this title as nonattainment with respect to the

national primary ambient air quality standards for sulfur oxides,

nitrogen dioxide, or lead subsequent to November 15, 1990, shall

submit to the Administrator, within 18 months of the designation,

an applicable implementation plan meeting the requirements of this

part.

(b) States lacking fully approved State implementation plans

Any State containing an area designated nonattainment with

respect to national primary ambient air quality standards for

sulfur oxides or nitrogen dioxide under section 7407(d)(1)(C)(i) of

this title, but lacking a fully approved implementation plan

complying with the requirements of this chapter (including this

part) as in effect immediately before November 15, 1990, shall

submit to the Administrator, within 18 months of November 15, 1990,

an implementation plan meeting the requirements of subpart 1

(except as otherwise prescribed by section 7514a of this title).

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 191, as added Pub. L.

101-549, title I, Sec. 106, Nov. 15, 1990, 104 Stat. 2463.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7514a of this title.

-End-

-CITE-

42 USC Sec. 7514a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 5 - additional provisions for areas designated nonattainment

for sulfur oxides, nitrogen dioxide, or lead

-HEAD-

Sec. 7514a. Attainment dates

-STATUTE-

(a) Plans under section 7514(a)

Implementation plans required under section 7514(a) of this title

shall provide for attainment of the relevant primary standard as

expeditiously as practicable but no later than 5 years from the

date of the nonattainment designation.

(b) Plans under section 7514(b)

Implementation plans required under section 7514(b) of this title

shall provide for attainment of the relevant primary national

ambient air quality standard within 5 years after November 15,

1990.

Implementation plans for nonattainment areas for sulfur oxides or

nitrogen dioxide with plans that were approved by the Administrator

before November 15, 1990, but, subsequent to such approval, were

found by the Administrator to be substantially inadequate, shall

provide for attainment of the relevant primary standard within 5

years from the date of such finding.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 192, as added Pub. L.

101-549, title I, Sec. 106, Nov. 15, 1990, 104 Stat. 2463.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7514 of this title.

-End-

-CITE-

42 USC subpart 6 - savings provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 6 - savings provisions

-HEAD-

SUBPART 6 - SAVINGS PROVISIONS

-End-

-CITE-

42 USC Sec. 7515 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 6 - savings provisions

-HEAD-

Sec. 7515. General savings clause

-STATUTE-

Each regulation, standard, rule, notice, order and guidance

promulgated or issued by the Administrator under this chapter, as

in effect before November 15, 1990, shall remain in effect

according to its terms, except to the extent otherwise provided

under this chapter, inconsistent with any provision of this

chapter, or revised by the Administrator. No control requirement in

effect, or required to be adopted by an order, settlement

agreement, or plan in effect before November 15, 1990, in any area

which is a nonattainment area for any air pollutant may be modified

after November 15, 1990, in any manner unless the modification

insures equivalent or greater emission reductions of such air

pollutant.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 193, as added Pub. L.

101-549, title I, Sec. 108(l), Nov. 15, 1990, 104 Stat. 2469.)

-End-

-CITE-

42 USC SUBCHAPTER II - EMISSION STANDARDS FOR MOVING

SOURCES 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

-HEAD-

SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 7408, 7411, 7412,

7413, 7414, 7507, 7612, 13257 of this title.

-End-

-CITE-

42 USC Part A - Motor Vehicle Emission and Fuel Standards 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 A - Motor Vehicle Emission and Fuel Standards

-HEAD-

PART A - MOTOR VEHICLE EMISSION AND FUEL STANDARDS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 7581 of this title.

-End-

-CITE-

42 USC Sec. 7521 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 A - Motor Vehicle Emission and Fuel Standards

-HEAD-

Sec. 7521. Emission standards for new motor vehicles or new motor

vehicle engines

-STATUTE-

(a) Authority of Administrator to prescribe by regulation

Except as otherwise provided in subsection (b) of this section -

(1) The Administrator shall by regulation prescribe (and from

time to time revise) in accordance with the provisions of this

section, standards applicable to the emission of any air pollutant

from any class or classes of new motor vehicles or new motor

vehicle engines, which in his judgment cause, or contribute to, air

pollution which may reasonably be anticipated to endanger public

health or welfare. Such standards shall be applicable to such

vehicles and engines for their useful life (as determined under

subsection (d) of this section, relating to useful life of vehicles

for purposes of certification), whether such vehicles and engines

are designed as complete systems or incorporate devices to prevent

or control such pollution.

(2) Any regulation prescribed under paragraph (1) of this

subsection (and any revision thereof) shall take effect after such

period as the Administrator finds necessary to permit the

development and application of the requisite technology, giving

appropriate consideration to the cost of compliance within such

period.

(3)(A) In general. - (i) Unless the standard is changed as

provided in subparagraph (B), regulations under paragraph (1) of

this subsection applicable to emissions of hydrocarbons, carbon

monoxide, oxides of nitrogen, and particulate matter from classes

or categories of heavy-duty vehicles or engines manufactured during

or after model year 1983 shall contain standards which reflect the

greatest degree of emission reduction achievable through the

application of technology which the Administrator determines will

be available for the model year to which such standards apply,

giving appropriate consideration to cost, energy, and safety

factors associated with the application of such technology.

(ii) In establishing classes or categories of vehicles or engines

for purposes of regulations under this paragraph, the Administrator

may base such classes or categories on gross vehicle weight,

horsepower, type of fuel used, or other appropriate factors.

(B) Revised standards for heavy duty trucks. - (i) On the basis

of information available to the Administrator concerning the

effects of air pollutants emitted from heavy-duty vehicles or

engines and from other sources of mobile source related pollutants

on the public health and welfare, and taking costs into account,

the Administrator may promulgate regulations under paragraph (1) of

this subsection revising any standard promulgated under, or before

the date of, the enactment of the Clean Air Act Amendments of 1990

(or previously revised under this subparagraph) and applicable to

classes or categories of heavy-duty vehicles or engines.

(ii) Effective for the model year 1998 and thereafter, the

regulations under paragraph (1) of this subsection applicable to

emissions of oxides of nitrogen (NOG5x) from gasoline and

diesel-fueled heavy duty trucks shall contain standards which

provide that such emissions may not exceed 4.0 grams per brake

horsepower hour (gbh).

revised under this paragraph and applicable to classes or

categories of heavy-duty vehicles or engines shall apply for a

period of no less than 3 model years beginning no earlier than the

model year commencing 4 years after such revised standard is

promulgated.

(D) Rebuilding practices. - The Administrator shall study the

practice of rebuilding heavy-duty engines and the impact rebuilding

has on engine emissions. On the basis of that study and other

information available to the Administrator, the Administrator may

prescribe requirements to control rebuilding practices, including

standards applicable to emissions from any rebuilt heavy-duty

engines (whether or not the engine is past its statutory useful

life), which in the Administrator's judgment cause, or contribute

to, air pollution which may reasonably be anticipated to endanger

public health or welfare taking costs into account. Any regulation

shall take effect after a period the Administrator finds necessary

to permit the development and application of the requisite control

measures, giving appropriate consideration to the cost of

compliance within the period and energy and safety factors.

(E) Motorcycles. - For purposes of this paragraph, motorcycles

and motorcycle engines shall be treated in the same manner as

heavy-duty vehicles and engines (except as otherwise permitted

under section 7525(f)(1) (!1) of this title) unless the

Administrator promulgates a rule reclassifying motorcycles as

light-duty vehicles within the meaning of this section or unless

the Administrator promulgates regulations under subsection (a) of

this section applying standards applicable to the emission of air

pollutants from motorcycles as a separate class or category. In any

case in which such standards are promulgated for such emissions

from motorcycles as a separate class or category, the

Administrator, in promulgating such standards, shall consider the

need to achieve equivalency of emission reductions between

motorcycles and other motor vehicles to the maximum extent

practicable.

(4)(A) Effective with respect to vehicles and engines

manufactured after model year 1978, no emission control device,

system, or element of design shall be used in a new motor vehicle

or new motor vehicle engine for purposes of complying with

requirements prescribed under this subchapter if such device,

system, or element of design will cause or contribute to an

unreasonable risk to public health, welfare, or safety in its

operation or function.

(B) In determining whether an unreasonable risk exists under

subparagraph (A), the Administrator shall consider, among other

factors, (i) whether and to what extent the use of any device,

system, or element of design causes, increases, reduces, or

eliminates emissions of any unregulated pollutants; (ii) available

methods for reducing or eliminating any risk to public health,

welfare, or safety which may be associated with the use of such

device, system, or element of design, and (iii) the availability of

other devices, systems, or elements of design which may be used to

conform to requirements prescribed under this subchapter without

causing or contributing to such unreasonable risk. The

Administrator shall include in the consideration required by this

paragraph all relevant information developed pursuant to section

7548 of this title.

(5)(A) If the Administrator promulgates final regulations which

define the degree of control required and the test procedures by

which compliance could be determined for gasoline vapor recovery of

uncontrolled emissions from the fueling of motor vehicles, the

Administrator shall, after consultation with the Secretary of

Transportation with respect to motor vehicle safety, prescribe, by

regulation, fill pipe standards for new motor vehicles in order to

insure effective connection between such fill pipe and any vapor

recovery system which the Administrator determines may be required

to comply with such vapor recovery regulations. In promulgating

such standards the Administrator shall take into consideration

limits on fill pipe diameter, minimum design criteria for nozzle

retainer lips, limits on the location of the unleaded fuel

restrictors, a minimum access zone surrounding a fill pipe, a

minimum pipe or nozzle insertion angle, and such other factors as

he deems pertinent.

(B) Regulations prescribing standards under subparagraph (A)

shall not become effective until the introduction of the model year

for which it would be feasible to implement such standards, taking

into consideration the restraints of an adequate leadtime for

design and production.

Administrator from specifying different nozzle and fill neck sizes

for gasoline with additives and gasoline without additives or (ii)

permit the Administrator to require a specific location,

configuration, modeling, or styling of the motor vehicle body with

respect to the fuel tank fill neck or fill nozzle clearance

envelope.

(D) For the purpose of this paragraph, the term "fill pipe" shall

include the fuel tank fill pipe, fill neck, fill inlet, and

closure.

(6) Onboard vapor recovery. - Within 1 year after November 15,

1990, the Administrator shall, after consultation with the

Secretary of Transportation regarding the safety of vehicle-based

("onboard") systems for the control of vehicle refueling emissions,

promulgate standards under this section requiring that new

light-duty vehicles manufactured beginning in the fourth model year

after the model year in which the standards are promulgated and

thereafter shall be equipped with such systems. The standards

required under this paragraph shall apply to a percentage of each

manufacturer's fleet of new light-duty vehicles beginning with the

fourth model year after the model year in which the standards are

promulgated. The percentage shall be as specified in the following

table:

IMPLEMENTATION SCHEDULE FOR ONBOARD VAPOR RECOVERY REQUIREMENTS

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

Model year commencing after Percentage*

standards promulgated

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

Fourth 40

Fifth 80

After Fifth 100

*Percentages in the table refer to a percentage of the

manufacturer's sales volume.

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

The standards shall require that such systems provide a minimum

evaporative emission capture efficiency of 95 percent. The

requirements of section 7511a(b)(3) of this title (relating to

stage II gasoline vapor recovery) for areas classified under

section 7511 of this title as moderate for ozone shall not apply

after promulgation of such standards and the Administrator may, by

rule, revise or waive the application of the requirements of such

section 7511a(b)(3) of this title for areas classified under

section 7511 of this title as Serious, Severe, or Extreme for

ozone, as appropriate, after such time as the Administrator

determines that onboard emissions control systems required under

this paragraph are in widespread use throughout the motor vehicle

fleet.

(b) Emissions of carbon monoxide, hydrocarbons, and oxides of

nitrogen; annual report to Congress; waiver of emission

standards; research objectives

(1)(A) The regulations under subsection (a) of this section

applicable to emissions of carbon monoxide and hydrocarbons from

light-duty vehicles and engines manufactured during model years

1977 through 1979 shall contain standards which provide that such

emissions from such vehicles and engines may not exceed 1.5 grams

per vehicle mile of hydrocarbons and 15.0 grams per vehicle mile of

carbon monoxide. The regulations under subsection (a) of this

section applicable to emissions of carbon monoxide from light-duty

vehicles and engines manufactured during the model year 1980 shall

contain standards which provide that such emissions may not exceed

7.0 grams per vehicle mile. The regulations under subsection (a) of

this section applicable to emissions of hydrocarbons from

light-duty vehicles and engines manufactured during or after model

year 1980 shall contain standards which require a reduction of at

least 90 percent from emissions of such pollutant allowable under

the standards under this section applicable to light-duty vehicles

and engines manufactured in model year 1970. Unless waived as

provided in paragraph (5), regulations under subsection (a) of this

section applicable to emissions of carbon monoxide from light-duty

vehicles and engines manufactured during or after the model year

1981 shall contain standards which require a reduction of at least

90 percent from emissions of such pollutant allowable under the

standards under this section applicable to light-duty vehicles and

engines manufactured in model year 1970.

(B) The regulations under subsection (a) of this section

applicable to emissions of oxides of nitrogen from light-duty

vehicles and engines manufactured during model years 1977 through

1980 shall contain standards which provide that such emissions from

such vehicles and engines may not exceed 2.0 grams per vehicle

mile. The regulations under subsection (a) of this section

applicable to emissions of oxides of nitrogen from light-duty

vehicles and engines manufactured during the model year 1981 and

thereafter shall contain standards which provide that such

emissions from such vehicles and engines may not exceed 1.0 gram

per vehicle mile. The Administrator shall prescribe standards in

lieu of those required by the preceding sentence, which provide

that emissions of oxides of nitrogen may not exceed 2.0 grams per

vehicle mile for any light-duty vehicle manufactured during model

years 1981 and 1982 by any manufacturer whose production, by

corporate identity, for calendar year 1976 was less than three

hundred thousand light-duty motor vehicles worldwide if the

Administrator determines that -

(i) the ability of such manufacturer to meet emission standards

in the 1975 and subsequent model years was, and is, primarily

dependent upon technology developed by other manufacturers and

purchased from such manufacturers; and

(ii) such manufacturer lacks the financial resources and

technological ability to develop such technology.

(a)(1) of this section revising any standard prescribed or

previously revised under this subsection, as needed to protect

public health or welfare, taking costs, energy, and safety into

account. Any revised standard shall require a reduction of

emissions from the standard that was previously applicable. Any

such revision under this subchapter may provide for a phase-in of

the standard. It is the intent of Congress that the numerical

emission standards specified in subsections (a)(3)(B)(ii), (g),

(h), and (i) of this section shall not be modified by the

Administrator after November 15, 1990, for any model year before

the model year 2004.

(2) Emission standards under paragraph (1), and measurement

techniques on which such standards are based (if not promulgated

prior to November 15, 1990), shall be promulgated by regulation

within 180 days after November 15, 1990.

(3) For purposes of this part -

(A)(i) The term "model year" with reference to any specific

calendar year means the manufacturer's annual production period

(as determined by the Administrator) which includes January 1 of

such calendar year. If the manufacturer has no annual production

period, the term "model year" shall mean the calendar year.

(ii) For the purpose of assuring that vehicles and engines

manufactured before the beginning of a model year were not

manufactured for purposes of circumventing the effective date of

a standard required to be prescribed by subsection (b) of this

section, the Administrator may prescribe regulations defining

"model year" otherwise than as provided in clause (i).

(B) Repealed. Pub. L. 101-549, title II, Sec. 230(1), Nov. 15,

1990, 104 Stat. 2529.

vehicle manufactured primarily for use on the public streets,

roads, and highways (not including any vehicle operated

exclusively on a rail or rails) which has a gross vehicle weight

(as determined under regulations promulgated by the

Administrator) in excess of six thousand pounds. Such term

includes any such vehicle which has special features enabling

off-street or off-highway operation and use.

(3) (!2) Upon the petition of any manufacturer, the

Administrator, after notice and opportunity for public hearing, may

waive the standard required under subparagraph (B) of paragraph (1)

to not exceed 1.5 grams of oxides of nitrogen per vehicle mile for

any class or category of light-duty vehicles or engines

manufactured by such manufacturer during any period of up to four

model years beginning after the model year 1980 if the manufacturer

demonstrates that such waiver is necessary to permit the use of an

innovative power train technology, or innovative emission control

device or system, in such class or category of vehicles or engines

and that such technology or system was not utilized by more than 1

percent of the light-duty vehicles sold in the United States in the

1975 model year. Such waiver may be granted only if the

Administrator determines -

(A) that such waiver would not endanger public health,

(B) that there is a substantial likelihood that the vehicles or

engines will be able to comply with the applicable standard under

this section at the expiration of the waiver, and

air quality benefit and has the potential to meet or exceed the

average fuel economy standard applicable under the Energy Policy

and Conservation Act [42 U.S.C. 6201 et seq.] upon the expiration

of the waiver.

No waiver under this subparagraph (!3) granted to any manufacturer

shall apply to more than 5 percent of such manufacturer's

production or more than fifty thousand vehicles or engines,

whichever is greater.

Sciences; reports to Administrator and Congress; availability of

information

(1) The Administrator shall undertake to enter into appropriate

arrangements with the National Academy of Sciences to conduct a

comprehensive study and investigation of the technological

feasibility of meeting the emissions standards required to be

prescribed by the Administrator by subsection (b) of this section.

(2) Of the funds authorized to be appropriated to the

Administrator by this chapter, such amounts as are required shall

be available to carry out the study and investigation authorized by

paragraph (1) of this subsection.

(3) In entering into any arrangement with the National Academy of

Sciences for conducting the study and investigation authorized by

paragraph (1) of this subsection, the Administrator shall request

the National Academy of Sciences to submit semiannual reports on

the progress of its study and investigation to the Administrator

and the Congress, beginning not later than July 1, 1971, and

continuing until such study and investigation is completed.

(4) The Administrator shall furnish to such Academy at its

request any information which the Academy deems necessary for the

purpose of conducting the investigation and study authorized by

paragraph (1) of this subsection. For the purpose of furnishing

such information, the Administrator may use any authority he has

under this chapter (A) to obtain information from any person, and

(B) to require such person to conduct such tests, keep such

records, and make such reports respecting research or other

activities conducted by such person as may be reasonably necessary

to carry out this subsection.

(d) Useful life of vehicles

The Administrator shall prescribe regulations under which the

useful life of vehicles and engines shall be determined for

purposes of subsection (a)(1) of this section and section 7541 of

this title. Such regulations shall provide that except where a

different useful life period is specified in this subchapter useful

life shall -

(1) in the case of light duty vehicles and light duty vehicle

engines and light-duty trucks up to 3,750 lbs. LVW and up to

6,000 lbs. GVWR, be a period of use of five years or fifty

thousand miles (or the equivalent), whichever first occurs,

except that in the case of any requirement of this section which

first becomes applicable after November 15, 1990, where the

useful life period is not otherwise specified for such vehicles

and engines, the period shall be 10 years or 100,000 miles (or

the equivalent), whichever first occurs, with testing for

purposes of in-use compliance under section 7541 of this title up

to (but not beyond) 7 years or 75,000 miles (or the equivalent),

whichever first occurs;

(2) in the case of any other motor vehicle or motor vehicle

engine (other than motorcycles or motorcycle engines), be a

period of use set forth in paragraph (1) unless the Administrator

determines that a period of use of greater duration or mileage is

appropriate; and

(3) in the case of any motorcycle or motorcycle engine, be a

period of use the Administrator shall determine.

(e) New power sources or propulsion systems

In the event of a new power source or propulsion system for new

motor vehicles or new motor vehicle engines is submitted for

certification pursuant to section 7525(a) of this title, the

Administrator may postpone certification until he has prescribed

standards for any air pollutants emitted by such vehicle or engine

which in his judgment cause, or contribute to, air pollution which

may reasonably be anticipated to endanger the public health or

welfare but for which standards have not been prescribed under

subsection (a) of this section.

(f) (!4) High altitude regulations

(1) The high altitude regulation in effect with respect to model

year 1977 motor vehicles shall not apply to the manufacture,

distribution, or sale of 1978 and later model year motor vehicles.

Any future regulation affecting the sale or distribution of motor

vehicles or engines manufactured before the model year 1984 in high

altitude areas of the country shall take effect no earlier than

model year 1981.

(2) Any such future regulation applicable to high altitude

vehicles or engines shall not require a percentage of reduction in

the emissions of such vehicles which is greater than the required

percentage of reduction in emissions from motor vehicles as set

forth in subsection (b) of this section. This percentage reduction

shall be determined by comparing any proposed high altitude

emission standards to high altitude emissions from vehicles

manufactured during model year 1970. In no event shall regulations

applicable to high altitude vehicles manufactured before the model

year 1984 establish a numerical standard which is more stringent

than that applicable to vehicles certified under non-high altitude

conditions.

(3) Section 7607(d) of this title shall apply to any high

altitude regulation referred to in paragraph (2) and before

promulgating any such regulation, the Administrator shall consider

and make a finding with respect to -

(A) the economic impact upon consumers, individual high

altitude dealers, and the automobile industry of any such

regulation, including the economic impact which was experienced

as a result of the regulation imposed during model year 1977 with

respect to high altitude certification requirements;

(B) the present and future availability of emission control

technology capable of meeting the applicable vehicle and engine

emission requirements without reducing model availability; and

regulation will result in any significant improvement in air

quality in any area to which it shall apply.

(g) Light-duty trucks up to 6,000 lbs. GVWR and light-duty

vehicles; standards for model years after 1993

(1) NMHC, CO, and NOG5x

Effective with respect to the model year 1994 and thereafter,

the regulations under subsection (a) of this section applicable

to emissions of nonmethane hydrocarbons (NMHC), carbon monoxide

(CO), and oxides of nitrogen (NOG5x) from light-duty trucks

(LDTs) of up to 6,000 lbs. gross vehicle weight rating (GVWR) and

light-duty vehicles (LDVs) shall contain standards which provide

that emissions from a percentage of each manufacturer's sales

volume of such vehicles and trucks shall comply with the levels

specified in table G. The percentage shall be as specified in the

implementation schedule below:

TABLE G - EMISSION STANDARDS FOR NMHC, CO, AND NO

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

Vehicle type Column Column

A B

(5 (10

yrs/ yrs/

50,000 100,

mi) 000

h3N mi)

MHC h3N

h3CO MHC

h3N h3CO

OG5x h3N

OG5x

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

LDTs 0.25 3.4 0.4* 0.31 4.2 0.6*

(0-3,750

lbs. LVW)

and

light-duty

vehicles

LDTs 0.32 4.4 0.7** 0.40 5.5 0.97

(3,751-5,750

lbs. LVW)

Standards are expressed in grams per mile (gpm).

For standards under column A, for purposes of certification under

section 7525 of this title, the applicable useful life shall be 5

years or 50,000 miles (or the equivalent), whichever first occurs.

For standards under column B, for purposes of certification under

section 7525 of this title, the applicable useful life shall be 10

years or 100,000 miles (or the equivalent), whichever first occurs.

*In the case of diesel-fueled LDTs (0-3,750 lvw) and light-duty

vehicles, before the model year 2004, in lieu of the 0.4 and 0.6

standards for NOG5x, the applicable standards for NOG5x shall be

1.0 gpm for a useful life of 5 years or 50,000 miles (or the

equivalent), whichever first occurs, and 1.25 gpm for a useful life

of 10 years or 100,000 miles (or the equivalent) whichever first

occurs.

**This standard does not apply to diesel-fueled LDTs (3,751-5,750

lbs. LVW).

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

IMPLEMENTATION SCHEDULE FOR TABLE G STANDARDS

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

Model year Percentage*

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

1994 40

1995 80

after 1995 100

*Percentages in the table refer to a percentage of each

manufacturer's sales volume.

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

(2) PM Standard

Effective with respect to model year 1994 and thereafter in the

case of light-duty vehicles, and effective with respect to the

model year 1995 and thereafter in the case of light-duty trucks

(LDTs) of up to 6,000 lbs. gross vehicle weight rating (GVWR),

the regulations under subsection (a) of this section applicable

to emissions of particulate matter (PM) from such vehicles and

trucks shall contain standards which provide that such emissions

from a percentage of each manufacturer's sales volume of such

vehicles and trucks shall not exceed the levels specified in the

table below. The percentage shall be as specified in the

Implementation Schedule below.

PM STANDARD FOR LDTS OF UP TO 6,000 LBS. GVWR

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

Useful life period Standard

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

5/50,000 0.08 gpm

10/100,000 0.10 gpm

The applicable useful life, for purposes of certification under

section 7525 of this title and for purposes of in-use compliance

under section 7541 of this title, shall be 5 years or 50,000 miles

(or the equivalent), whichever first occurs, in the case of the

5/50,000 standard.

The applicable useful life, for purposes of certification under

section 7525 of this title and for purposes of in-use compliance

under section 7541 of this title, shall be 10 years or 100,000

miles (or the equivalent), whichever first occurs in the case of

the 10/100,000 standard.

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

IMPLEMENTATION SCHEDULE FOR PM STANDARDS

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

Model year Light-duty LDTs

vehicles

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

1994 40%*

1995 80%* 40%*

1996 100%* 80%*

after 1996 100%* 100%*

*Percentages in the table refer to a percentage of each

manufacturer's sales volume.

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

(h) Light-duty trucks of more than 6,000 lbs. GVWR; standards for

model years after 1995

Effective with respect to the model year 1996 and thereafter, the

regulations under subsection (a) of this section applicable to

emissions of nonmethane hydrocarbons (NMHC), carbon monoxide (CO),

oxides of nitrogen (NOG5x), and particulate matter (PM) from

light-duty trucks (LDTs) of more than 6,000 lbs. gross vehicle

weight rating (GVWR) shall contain standards which provide that

emissions from a specified percentage of each manufacturer's sales

volume of such trucks shall comply with the levels specified in

table H. The specified percentage shall be 50 percent in model year

1996 and 100 percent thereafter.

TABLE H - EMISSION STANDARDS FOR NMHC AND CO FROM GASOLINE AND

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

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

LDT Column Column

Test A B

weight

(5 (11

yrs/ yrs/

50,000 120,

mi) 000

h3N mi)

MHC h3N

h3CO MHC

h3N h3CO

OG5x h3N

OG5

xh3PM

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

3,751- 0.32 4.4 0.7* 0.46 6.4 0.98 0.10

5,750

lbs. TW

Over 0.39 5.0 1.1* 0.56 7.3 1.53 0.12

5,750

lbs. TW

Standards are expressed in grams per mile (GPM).

For standards under column A, for purposes of certification under

section 7525 of this title, the applicable useful life shall be 5

years or 50,000 miles (or the equivalent) whichever first occurs.

For standards under column B, for purposes of certification under

section 7525 of this title, the applicable useful life shall be 11

years or 120,000 miles (or the equivalent), whichever first occurs.

*Not applicable to diesel-fueled LDTs.

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

(i) Phase II study for certain light-duty vehicles and light-duty

trucks

(1) The Administrator, with the participation of the Office of

Technology Assessment, shall study whether or not further

reductions in emissions from light-duty vehicles and light-duty

trucks should be required pursuant to this subchapter. The study

shall consider whether to establish with respect to model years

commencing after January 1, 2003, the standards and useful life

period for gasoline and diesel-fueled light-duty vehicles and

light-duty trucks with a loaded vehicle weight (LVW) of 3,750 lbs.

or less specified in the following table:

TABLE 3 - PENDING EMISSION STANDARDS FOR GASOLINE AND DIESEL FUELED

LIGHT-DUTY VEHICLES AND LIGHT-DUTY TRUCKS 3,750 LBS. LVW OR LESS

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

Pollutant Emission level*

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

NMHC 0.125 GPM

NOG5x 0.2 GPM

CO 1.7 GPM

*Emission levels are expressed in grams per mile (GPM). For

vehicles and engines subject to this subsection for purposes of

subsection (d) of this section and any reference thereto, the

useful life of such vehicles and engines shall be a period of 10

years or 100,000 miles (or the equivalent), whichever first occurs.

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

Such study shall also consider other standards and useful life

periods which are more stringent or less stringent than those set

forth in table 3 (but more stringent than those referred to in

subsections (g) and (h) of this section).

(2)(A) As part of the study under paragraph (1), the

Administrator shall examine the need for further reductions in

emissions in order to attain or maintain the national ambient air

quality standards, taking into consideration the waiver provisions

of section 7543(b) of this title. As part of such study, the

Administrator shall also examine -

(i) the availability of technology (including the costs

thereof), in the case of light-duty vehicles and light-duty

trucks with a loaded vehicle weight (LVW) of 3,750 lbs. or less,

for meeting more stringent emission standards than those provided

in subsections (g) and (h) of this section for model years

commencing not earlier than after January 1, 2003, and not later

than model year 2006, including the lead time and safety and

energy impacts of meeting more stringent emission standards; and

(ii) the need for, and cost effectiveness of, obtaining further

reductions in emissions from such light-duty vehicles and

light-duty trucks, taking into consideration alternative means of

attaining or maintaining the national primary ambient air quality

standards pursuant to State implementation plans and other

requirements of this chapter, including their feasibility and

cost effectiveness.

(B) The Administrator shall submit a report to Congress no later

than June 1, 1997, containing the results of the study under this

subsection, including the results of the examination conducted

under subparagraph (A). Before submittal of such report the

Administrator shall provide a reasonable opportunity for public

comment and shall include a summary of such comments in the report

to Congress.

(3)(A) Based on the study under paragraph (1) the Administrator

shall determine, by rule, within 3 calendar years after the report

is submitted to Congress, but not later than December 31, 1999,

whether -

(i) there is a need for further reductions in emissions as

provided in paragraph (2)(A);

(ii) the technology for meeting more stringent emission

standards will be available, as provided in paragraph (2)(A)(i),

in the case of light-duty vehicles and light-duty trucks with a

loaded vehicle weight (LVW) of 3,750 lbs. or less, for model

years commencing not earlier than January 1, 2003, and not later

than model year 2006, considering the factors listed in paragraph

(2)(A)(i); and

(iii) obtaining further reductions in emissions from such

vehicles will be needed and cost effective, taking into

consideration alternatives as provided in paragraph (2)(A)(ii).

The rulemaking under this paragraph shall commence within 3 months

after submission of the report to Congress under paragraph (2)(B).

(B) If the Administrator determines under subparagraph (A) that -

(i) there is no need for further reductions in emissions as

provided in paragraph (2)(A);

(ii) the technology for meeting more stringent emission

standards will not be available as provided in paragraph

(2)(A)(i), in the case of light-duty vehicles and light-duty

trucks with a loaded vehicle weight (LVW) of 3,750 lbs. or less,

for model years commencing not earlier than January 1, 2003, and

not later than model year 2006, considering the factors listed in

paragraph (2)(A)(i); or

(iii) obtaining further reductions in emissions from such

vehicles will not be needed or cost effective, taking into

consideration alternatives as provided in paragraph (2)(A)(ii),

the Administrator shall not promulgate more stringent standards

than those in effect pursuant to subsections (g) and (h) of this

section. Nothing in this paragraph shall prohibit the Administrator

from exercising the Administrator's authority under subsection (a)

of this section to promulgate more stringent standards for

light-duty vehicles and light-duty trucks with a loaded vehicle

weight (LVW) of 3,750 lbs. or less at any other time thereafter in

accordance with subsection (a) of this section.

(i) there is a need for further reductions in emissions as

provided in paragraph (2)(A);

(ii) the technology for meeting more stringent emission

standards will be available, as provided in paragraph (2)(A)(i),

in the case of light-duty vehicles and light-duty trucks with a

loaded vehicle weight (LVW) of 3,750 lbs. or less, for model

years commencing not earlier than January 1, 2003, and not later

than model year 2006, considering the factors listed in paragraph

(2)(A)(i); and

(iii) obtaining further reductions in emissions from such

vehicles will be needed and cost effective, taking into

consideration alternatives as provided in paragraph (2)(A)(ii),

the Administrator shall either promulgate the standards (and useful

life periods) set forth in Table 3 in paragraph (1) or promulgate

alternative standards (and useful life periods) which are more

stringent than those referred to in subsections (g) and (h) of this

section. Any such standards (or useful life periods) promulgated by

the Administrator shall take effect with respect to any such

vehicles or engines no earlier than the model year 2003 but not

later than model year 2006, as determined by the Administrator in

the rule.

(D) Nothing in this paragraph shall be construed by the

Administrator or by a court as a presumption that any standards (or

useful life period) set forth in Table 3 shall be promulgated in

the rulemaking required under this paragraph. The action required

of the Administrator in accordance with this paragraph shall be

treated as a nondiscretionary duty for purposes of section

7604(a)(2) of this title (relating to citizen suits).

(E) Unless the Administrator determines not to promulgate more

stringent standards as provided in subparagraph (B) or to postpone

the effective date of standards referred to in Table 3 in paragraph

(1) or to establish alternative standards as provided in

subparagraph (C), effective with respect to model years commencing

after January 1, 2003, the regulations under subsection (a) of this

section applicable to emissions of nonmethane hydrocarbons (NMHC),

oxides of nitrogen (NOG5x), and carbon monoxide (CO) from motor

vehicles and motor vehicle engines in the classes specified in

Table 3 in paragraph (1) above shall contain standards which

provide that emissions may not exceed the pending emission levels

specified in Table 3 in paragraph (1).

(j) Cold CO standard

(1) Phase I

Not later than 12 months after November 15, 1990, the

Administrator shall promulgate regulations under subsection (a)

of this section applicable to emissions of carbon monoxide from

1994 and later model year light-duty vehicles and light-duty

trucks when operated at 20 degrees Fahrenheit. The regulations

shall contain standards which provide that emissions of carbon

monoxide from a manufacturer's vehicles when operated at 20

degrees Fahrenheit may not exceed, in the case of light-duty

vehicles, 10.0 grams per mile, and in the case of light-duty

trucks, a level comparable in stringency to the standard

applicable to light-duty vehicles. The standards shall take

effect after model year 1993 according to a phase-in schedule

which requires a percentage of each manufacturer's sales volume

of light-duty vehicles and light-duty trucks to comply with

applicable standards after model year 1993. The percentage shall

be as specified in the following table:

PHASE-IN SCHEDULE FOR COLD START STANDARDS

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

Model Year Percentage

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

1994 40

1995 80

1996 and after 100

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

(2) Phase II

(A) Not later than June 1, 1997, the Administrator shall

complete a study assessing the need for further reductions in

emissions of carbon monoxide and the maximum reductions in such

emissions achievable from model year 2001 and later model year

light-duty vehicles and light-duty trucks when operated at 20

degrees Fahrenheit.

(B)(i) If as of June 1, 1997, 6 or more nonattainment areas

have a carbon monoxide design value of 9.5 ppm or greater, the

regulations under subsection (a)(1) of this section applicable to

emissions of carbon monoxide from model year 2002 and later model

year light-duty vehicles and light-duty trucks shall contain

standards which provide that emissions of carbon monoxide from

such vehicles and trucks when operated at 20 degrees Fahrenheit

may not exceed 3.4 grams per mile (gpm) in the case of light-duty

vehicles and 4.4 grams per mile (gpm) in the case of light-duty

trucks up to 6,000 GVWR and a level comparable in stringency in

the case of light-duty trucks 6,000 GVWR and above.

(ii) In determining for purposes of this subparagraph whether 6

or more nonattainment areas have a carbon monoxide design value

of 9.5 ppm or greater, the Administrator shall exclude the areas

of Steubenville, Ohio, and Oshkosh, Wisconsin.

(3) Useful-life for phase I and phase II standards

In the case of the standards referred to in paragraphs (1) and

(2), for purposes of certification under section 7525 of this

title and in-use compliance under section 7541 of this title, the

applicable useful life period shall be 5 years or 50,000 miles,

whichever first occurs, except that the Administrator may extend

such useful life period (for purposes of section 7525 of this

title, or section 7541 of this title, or both) if he determines

that it is feasible for vehicles and engines subject to such

standards to meet such standards for a longer useful life. If the

Administrator extends such useful life period, the Administrator

may make an appropriate adjustment of applicable standards for

such extended useful life. No such extended useful life shall

extend beyond the useful life period provided in regulations

under subsection (d) of this section.

(4) Heavy-duty vehicles and engines

The Administrator may also promulgate regulations under

subsection (a)(1) of this section applicable to emissions of

carbon monoxide from heavy-duty vehicles and engines when

operated at cold temperatures.

(k) Control of evaporative emissions

The Administrator shall promulgate (and from time to time revise)

regulations applicable to evaporative emissions of hydrocarbons

from all gasoline-fueled motor vehicles -

(1) during operation; and

(2) over 2 or more days of nonuse;

under ozone-prone summertime conditions (as determined by

regulations of the Administrator). The regulations shall take

effect as expeditiously as possible and shall require the greatest

degree of emission reduction achievable by means reasonably

expected to be available for production during any model year to

which the regulations apply, giving appropriate consideration to

fuel volatility, and to cost, energy, and safety factors associated

with the application of the appropriate technology. The

Administrator shall commence a rulemaking under this subsection

within 12 months after November 15, 1990. If final regulations are

not promulgated under this subsection within 18 months after

November 15, 1990, the Administrator shall submit a statement to

the Congress containing an explanation of the reasons for the delay

and a date certain for promulgation of such final regulations in

accordance with this chapter. Such date certain shall not be later

than 15 months after the expiration of such 18 month deadline.

(l) Mobile source-related air toxics

(1) Study

Not later than 18 months after November 15, 1990, the

Administrator shall complete a study of the need for, and

feasibility of, controlling emissions of toxic air pollutants

which are unregulated under this chapter and associated with

motor vehicles and motor vehicle fuels, and the need for, and

feasibility of, controlling such emissions and the means and

measures for such controls. The study shall focus on those

categories of emissions that pose the greatest risk to human

health or about which significant uncertainties remain, including

emissions of benzene, formaldehyde, and 1,3 butadiene. The

proposed report shall be available for public review and comment

and shall include a summary of all comments.

(2) Standards

Within 54 months after November 15, 1990, the Administrator

shall, based on the study under paragraph (1), promulgate (and

from time to time revise) regulations under subsection (a)(1) of

this section or section 7545(c)(1) of this title containing

reasonable requirements to control hazardous air pollutants from

motor vehicles and motor vehicle fuels. The regulations shall

contain standards for such fuels or vehicles, or both, which the

Administrator determines reflect the greatest degree of emission

reduction achievable through the application of technology which

will be available, taking into consideration the standards

established under subsection (a) of this section, the

availability and costs of the technology, and noise, energy, and

safety factors, and lead time. Such regulations shall not be

inconsistent with standards under subsection (a) of this section.

The regulations shall, at a minimum, apply to emissions of

benzene and formaldehyde.

(m) Emissions control diagnostics

(1) Regulations

Within 18 months after November 15, 1990, the Administrator

shall promulgate regulations under subsection (a) of this section

requiring manufacturers to install on all new light duty vehicles

and light duty trucks diagnostics systems capable of -

(A) accurately identifying for the vehicle's useful life as

established under this section, emission-related systems

deterioration or malfunction, including, at a minimum, the

catalytic converter and oxygen sensor, which could cause or

result in failure of the vehicles to comply with emission

standards established under this section,

(B) alerting the vehicle's owner or operator to the likely

need for emission-related components or systems maintenance or

repair,

Administrator, and

(D) providing access to stored information in a manner

specified by the Administrator.

The Administrator may, in the Administrator's discretion,

promulgate regulations requiring manufacturers to install such

onboard diagnostic systems on heavy-duty vehicles and engines.

(2) Effective date

The regulations required under paragraph (1) of this subsection

shall take effect in model year 1994, except that the

Administrator may waive the application of such regulations for

model year 1994 or 1995 (or both) with respect to any class or

category of motor vehicles if the Administrator determines that

it would be infeasible to apply the regulations to that class or

category in such model year or years, consistent with

corresponding regulations or policies adopted by the California

Air Resources Board for such systems.

(3) State inspection

The Administrator shall by regulation require States that have

implementation plans containing motor vehicle inspection and

maintenance programs to amend their plans within 2 years after

promulgation of such regulations to provide for inspection of

onboard diagnostics systems (as prescribed by regulations under

paragraph (1) of this subsection) and for the maintenance or

repair of malfunctions or system deterioration identified by or

affecting such diagnostics systems. Such regulations shall not be

inconsistent with the provisions for warranties promulgated under

section 7541(a) and (b) of this title.

(4) Specific requirements

In promulgating regulations under this subsection, the

Administrator shall require -

(A) that any connectors through which the emission control

diagnostics system is accessed for inspection, diagnosis,

service, or repair shall be standard and uniform on all motor

vehicles and motor vehicle engines;

(B) that access to the emission control diagnostics system

through such connectors shall be unrestricted and shall not

require any access code or any device which is only available

from a vehicle manufacturer; and

diagnostics system through such connectors shall be usable

without the need for any unique decoding information or device.

(5) Information availability

The Administrator, by regulation, shall require (subject to the

provisions of section 7542(c) of this title regarding the

protection of methods or processes entitled to protection as

trade secrets) manufacturers to provide promptly to any person

engaged in the repairing or servicing of motor vehicles or motor

vehicle engines, and the Administrator for use by any such

persons, with any and all information needed to make use of the

emission control diagnostics system prescribed under this

subsection and such other information including instructions for

making emission related diagnosis and repairs. No such

information may be withheld under section 7542(c) of this title

if that information is provided (directly or indirectly) by the

manufacturer to franchised dealers or other persons engaged in

the repair, diagnosing, or servicing of motor vehicles or motor

vehicle engines. Such information shall also be available to the

Administrator, subject to section 7542(c) of this title, in

carrying out the Administrator's responsibilities under this

section.

(f) (!5) Model years after 1990

For model years prior to model year 1994, the regulations under

subsection (a) of this section applicable to buses other than those

subject to standards under section 7554 of this title shall contain

a standard which provides that emissions of particulate matter (PM)

from such buses may not exceed the standards set forth in the

following table:

PM STANDARD FOR BUSES

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

Model year Standard*

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

1991 0.25

1992 0.25

1993 and thereafter 0.10

*Standards are expressed in grams per brake horsepower hour

(g/bhp/hr).

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

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 202, as added Pub. L.

89-272, title I, Sec. 101(8), Oct. 20, 1965, 79 Stat. 992; amended

Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 499; Pub. L.

91-604, Sec. 6(a), Dec. 31, 1970, 84 Stat. 1690; Pub. L. 93-319,

Sec. 5, June 22, 1974, 88 Stat. 258; Pub. L. 95-95, title II, Secs.

201, 202(b), 213(b), 214(a), 215-217, 224(a), (b), (g), title IV,

Sec. 401(d), Aug. 7, 1977, 91 Stat. 751-753, 758-761, 765, 767,

769, 791; Pub. L. 95-190, Sec. 14(a)(60)-(65), (b)(5), Nov. 16,

1977, 91 Stat. 1403, 1405; Pub. L. 101-549, title II, Secs.

201-207, 227(b), 230(1)-(5), Nov. 15, 1990, 104 Stat. 2472-2481,

2507, 2529.)

-REFTEXT-

REFERENCES IN TEXT

The enactment of the Clean Air Act Amendments of 1990, referred

to in subsec. (a)(3)(B), probably means the enactment of Pub. L.

101-549, Nov. 15, 1990, 104 Stat. 2399, which was approved Nov. 15,

1990. For complete classification of this Act to the Code, see

Short Title note set out under section 7401 of this title and

Tables.

Section 7525(f)(1) of this title, referred to in subsec.

(a)(3)(E), was redesignated section 7525(f) of this title by Pub.

L. 101-549, title II, Sec. 230(8), Nov. 15, 1990, 104 Stat. 2529.

The Energy Policy and Conservation Act, referred to in subsec.

(b)(3)(C), is Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as

amended, which is classified principally to chapter 77 (Sec. 6201

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 6201 of this

title and Tables.

-COD-

CODIFICATION

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

-MISC1-

AMENDMENTS

1990 - Subsec. (a)(3)(A). Pub. L. 101-549, Sec. 201(1), added

subpar. (A) and struck out former subpar. (A) which related to

promulgation of regulations applicable to reduction of emissions

from heavy-duty vehicles or engines manufactured during and after

model year 1979 in the case of carbon monoxide, hydrocarbons, and

oxides of nitrogen, and from vehicles manufactured during and after

model year 1981 in the case of particulate matter.

Subsec. (a)(3)(B). Pub. L. 101-549, Sec. 201(1), added subpar.

(B) and struck out former subpar. (B) which read as follows:

"During the period of June 1 through December 31, 1978, in the case

of hydrocarbons and carbon monoxide, or during the period of June 1

through December 31, 1980, in the case of oxides of nitrogen, and

during each period of June 1 through December 31 of each third year

thereafter, the Administrator may, after notice and opportunity for

a public hearing promulgate regulations revising any standard

prescribed as provided in subparagraph (A)(ii) for any class or

category of heavy-duty vehicles or engines. Such standard shall

apply only for the period of three model years beginning four model

years after the model year in which such revised standard is

promulgated. In revising any standard under this subparagraph for

any such three model year period, the Administrator shall determine

the maximum degree of emission reduction which can be achieved by

means reasonably expected to be available for production of such

period and shall prescribe a revised emission standard in

accordance with such determination. Such revised standard shall

require a reduction of emissions from any standard which applies in

the previous model year."

Subsec. (a)(3)(C). Pub. L. 101-549, Sec. 201(1), added subpar.

"Action revising any standard for any period may be taken by the

Administrator under subparagraph (B) only if he finds -

"(i) that compliance with the emission standards otherwise

applicable for such model year cannot be achieved by technology,

processes, operating methods, or other alternatives reasonably

expected to be available for production for such model year

without increasing cost or decreasing fuel economy to an

excessive and unreasonable degree; and

"(ii) the National Academy of Sciences has not, pursuant to its

study and investigation under subsection (c) of this section,

issued a report substantially contrary to the findings of the

Administrator under clause (i)."

Subsec. (a)(3)(D). Pub. L. 101-549, Sec. 201(1), added subpar.

(D) and struck out former subpar. (D) which read as follows: "A

report shall be made to the Congress with respect to any standard

revised under subparagraph (B) which shall contain -

"(i) a summary of the health effects found, or believed to be

associated with, the pollutant covered by such standard,

"(ii) an analysis of the cost-effectiveness of other strategies

for attaining and maintaining national ambient air quality

standards and carrying out regulations under part C of subchapter

I (relating to significant deterioration) in relation to the

cost-effectiveness for such purposes of standards which, but for

such revision, would apply.

"(iii) a summary of the research and development efforts and

progress being made by each manufacturer for purposes of meeting

the standards promulgated as provided in subparagraph (A)(ii) or,

if applicable, subparagraph (E), and

"(iv) specific findings as to the relative costs of compliance,

and relative fuel economy, which may be expected to result from

the application for any model year of such revised standard and

the application for such model year of the standard, which, but

for such revision, would apply."

Subsec. (a)(3)(E), (F). Pub. L. 101-549, Sec. 201, redesignated

subpar. (F) as (E), inserted heading, and struck out former subpar.

(E) which read as follows:

"(i) The Administrator shall conduct a continuing

pollutant-specific study concerning the effects of each air

pollutant emitted from heavy-duty vehicles or engines and from

other sources of mobile source related pollutants on the public

health and welfare. The results of such study shall be published in

the Federal Register and reported to the Congress not later than

June 1, 1978, in the case of hydrocarbons and carbon monoxide, and

June 1, 1980, in the case of oxides of nitrogen, and before June 1

of each third year thereafter.

"(ii) On the basis of such study and such other information as is

available to him (including the studies under section 7548 of this

title), the Administrator may, after notice and opportunity for a

public hearing, promulgate regulations under paragraph (1) of this

subsection changing any standard prescribed in subparagraph (A)(ii)

(or revised under subparagraph (B) or previously changed under this

subparagraph). No such changed standard shall apply for any model

year before the model year four years after the model year during

which regulations containing such changed standard are

promulgated."

Subsec. (a)(4)(A), (B). Pub. L. 101-549, Sec. 227(b), substituted

"requirements prescribed under this subchapter" for "standards

prescribed under this subsection".

Subsec. (a)(6). Pub. L. 101-549, Sec. 202, amended par. (6)

generally. Prior to amendment, par. (6) read as follows: "The

Administrator shall determine the feasibility and desirability of

requiring new motor vehicles to utilize onboard hydrocarbon control

technology which would avoid the necessity of gasoline vapor

recovery of uncontrolled emissions emanating from the fueling of

motor vehicles. The Administrator shall compare the costs and

effectiveness of such technology to that of implementing and

maintaining vapor recovery systems (taking into consideration such

factors as fuel economy, economic costs of such technology,

administrative burdens, and equitable distribution of costs). If

the Administrator finds that it is feasible and desirable to employ

such technology, he shall, after consultation with the Secretary of

Transportation with respect to motor vehicle safety, prescribe, by

regulation, standards requiring the use of onboard hydrocarbon

technology which shall not become effective until the introduction

to the model year for which it would be feasible to implement such

standards, taking into consideration compliance costs and the

restraints of an adequate lead time for design and production."

Subsec. (b)(1)(C). Pub. L. 101-549, Sec. 203(c), amended subpar.

"Effective with respect to vehicles and engines manufactured after

model year 1978 (or in the case of heavy-duty vehicles or engines,

such later model year as the Administrator determines is the

earliest feasible model year), the test procedure promulgated under

paragraph (2) for measurement of evaporative emissions of

hydrocarbons shall require that such emissions be measured from the

vehicle or engine as a whole. Regulations to carry out this

subparagraph shall be promulgated not later than two hundred and

seventy days after August 7, 1977."

Subsec. (b)(2). Pub. L. 101-549, Sec. 203(d), amended par. (2)

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

standards under paragraph (1), and measurement techniques on which

such standards are based (if not promulgated prior to December 31,

1970), shall be prescribed by regulation within 180 days after such

date."

Subsec. (b)(3). Pub. L. 101-549, Sec. 230(4), redesignated par.

(6) relating to waiver of standards for oxides of nitrogen as par.

(3), struck out subpar. (A) designation before "Upon the petition",

redesignated former cls. (i) to (iii) as subpars. (A) to (C),

respectively, and struck out former subpar. (B) which authorized

the Administrator to waive the standard under subsec. (b)(1)(B) of

this section for emissions of oxides of nitrogen from light-duty

vehicles and engines beginning in model year 1981 after providing

notice and opportunity for a public hearing, and set forth

conditions under which a waiver could be granted.

Subsec. (b)(3)(B). Pub. L. 101-549, Sec. 230(1), in the par. (3)

defining terms for purposes of this part struck out subpar. (B)

which defined "light duty vehicles and engines".

Subsec. (b)(4). Pub. L. 101-549, Sec. 230(2), struck out par. (4)

which read as follows: "On July 1 of 1971, and of each year

thereafter, the Administrator shall report to the Congress with

respect to the development of systems necessary to implement the

emission standards established pursuant to this section. Such

reports shall include information regarding the continuing effects

of such air pollutants subject to standards under this section on

the public health and welfare, the extent and progress of efforts

being made to develop the necessary systems, the costs associated

with development and application of such systems, and following

such hearings as he may deem advisable, any recommendations for

additional congressional action necessary to achieve the purposes

of this chapter. In gathering information for the purposes of this

paragraph and in connection with any hearing, the provisions of

section 7607(a) of this title (relating to subpenas) shall apply."

Subsec. (b)(5). Pub. L. 101-549, Sec. 230(3), struck out par. (5)

which related to waivers for model years 1981 and 1982 of the

effective date of the emissions standard required under par. (1)(A)

for carbon monoxide applicable to light-duty vehicles and engines

manufactured in those model years.

Subsec. (b)(6). Pub. L. 101-549, Sec. 230(4), redesignated par.

(6) as (3).

Subsec. (b)(7). Pub. L. 101-549, Sec. 230(5), struck out par. (7)

which read as follows: "The Congress hereby declares and

establishes as a research objective, the development of propulsion

systems and emission control technology to achieve standards which

represent a reduction of at least 90 per centum from the average

emissions of oxides of nitrogen actually measured from light duty

motor vehicles manufactured in model year 1971 not subject to any

Federal or State emission standard for oxides of nitrogen. The

Administrator shall, by regulations promulgated within one hundred

and eighty days after August 7, 1977, require each manufacturer

whose sales represent at least 0.5 per centum of light duty motor

vehicle sales in the United States, to build and, on a regular

basis, demonstrate the operation of light duty motor vehicles that

meet this research objective, in addition to any other applicable

standards or requirements for other pollutants under this chapter.

Such demonstration vehicles shall be submitted to the Administrator

no later than model year 1979 and in each model year thereafter.

Such demonstration shall, in accordance with applicable

regulations, to the greatest extent possible, (A) be designed to

encourage the development of new powerplant and emission control

technologies that are fuel efficient, (B) assure that the

demonstration vehicles are or could reasonably be expected to be

within the productive capability of the manufacturers, and (C)

assure the utilization of optimum engine, fuel, and emission

control systems."

Subsec. (d). Pub. L. 101-549, Sec. 203(b)(1), substituted

"provide that except where a different useful life period is

specified in this subchapter" for "provide that".

Subsec. (d)(1). Pub. L. 101-549, Sec. 203(b)(2), (3), inserted

"and light-duty trucks up to 3,750 lbs. LVW and up to 6,000 lbs.

GVWR" after "engines" and substituted for semicolon at end ",

except that in the case of any requirement of this section which

first becomes applicable after November 15, 1990, where the useful

life period is not otherwise specified for such vehicles and

engines, the period shall be 10 years or 100,000 miles (or the

equivalent), whichever first occurs, with testing for purposes of

in-use compliance under section 7541 of this title up to (but not

beyond) 7 years or 75,000 miles (or the equivalent), whichever

first occurs;".

Subsec. (f). Pub. L. 101-549, Sec. 207(b), added (after subsec.

(m) at end) subsec. (f) relating to regulations applicable to buses

for model years after 1990.

Subsecs. (g) to (i). Pub. L. 101-549, Sec. 203(a), added subsecs.

(g) to (i).

Subsecs. (j) to (m). Pub. L. 101-549, Secs. 204-207(a), added

subsecs. (j) to (m).

1977 - Subsec. (a)(1). Pub. L. 95-190, Sec. 14(a)(60),

restructured subsec. (a) by providing for designation of par. (1)

to precede "The Administrator" in place of "Except as".

Pub. L. 95-95, Sec. 401(d)(1), substituted "Except as otherwise

provided in subsection (b) of this section the Administrator" for

"The Administrator", "cause, or contribute to, air pollution which

may reasonably be anticipated to endanger public health or welfare"

for "causes or contributes to, or is likely to cause or contribute

to, air pollution which endangers the public health or welfare",

and "useful life (as determined under subsection (d) of this

section, relating to useful life of vehicles for purposes of

certification), whether such vehicles and engines are designed as

complete systems or incorporate devices" for "useful life (as

determined under subsection (d) of this section) whether such

vehicles and engines are designed as complete systems or

incorporated devices".

Subsec. (a)(2). Pub. L. 95-95, Sec. 214(a), substituted

"prescribed under paragraph (1) of this subsection" for "prescribed

under this subsection".

Subsec. (a)(3). Pub. L. 95-95, Sec. 224(a), added par. (3).

Subsec. (a)(3)(B). Pub. L. 95-190, Sec. 14(a)(61), (62),

substituted provisions setting forth applicable periods of from

June 1 through Dec. 31, 1978, June 1 through Dec. 31, 1980, and

during each period of June 1 through Dec. 31 of each third year

thereafter, for provisions setting forth applicable periods of from

June 1 through Dec. 31, 1979, and during each period of June 1

through Dec. 31 of each third year after 1979, and substituted

"from any" for "of from any".

Subsec. (a)(3)(E). Pub. L. 95-190, Sec. 14(a)(63), substituted

"1978, in the case of hydrocarbons and carbon monoxide, and June 1,

1980, in the case of oxides of nitrogen" for "1979,".

Subsec. (a)(4). Pub. L. 95-95, Sec. 214(a), added par. (4).

Subsec. (a)(5). Pub. L. 95-95, Sec. 215, added par. (5).

Subsec. (a)(6). Pub. L. 95-95, Sec. 216, added par. (6).

Subsec. (b)(1)(A). Pub. L. 95-95, Sec. 201(a), substituted

provisions setting the standards for emissions from light-duty

vehicles and engines manufactured during the model years 1977

through 1980 for provisions which had set the standards for

emissions from light-duty vehicles and engines manufactured during

the model years 1975 and 1976, substituted "model year 1980" for

"model year 1977" in provisions requiring a reduction of at least

90 per centum from the emissions allowable under standards for

model year 1970, and inserted provisions that, unless waived as

provided in par. (5), the standards for vehicles and engines

manufactured during or after the model year 1981 represent a

reduction of at least 90 per centum from the emissions allowable

under standards for model year 1970.

Subsec. (b)(1)(B). Pub. L. 95-190, Sec. 14(a)(64), (65),

substituted "calendar year 1976" for "model year 1976" and in cl.

(i) substituted "other" for "United States".

Pub. L. 95-95, Sec. 201(b), substituted provisions setting the

standards for emissions from light-duty vehicles and engines

manufactured during the model years 1977 through 1980 for

provisions which had set the standards for emissions from

light-duty vehicles and engines manufactured during the model years

1975 through 1977, substituted provisions that the standards for

model years 1981 and after allow emissions of no more than 1.0 gram

per vehicle mile for provisions that the standards for model year

1978 and after require a reduction of at least 90 per centum from

the average of emissions actually measured from light-duty vehicles

manufactured during model year 1971 which were not subject to any

Federal or State emission standards for oxides of nitrogen, and

inserted provisions directing the Administrator to prescribe

separate standards for model years 1981 and 1982 for manufacturers

whose production, by corporate identity, for model year 1976 was

less than three hundred thousand light-duty motor vehicles

worldwide if the manufacturer's capability to meet emission

standards depends upon United States technology and if the

manufacturer cannot develop one.

Subsec. (b)(1)(C). Pub. L. 95-95, Sec. 217, added subpar. (C).

Subsec. (b)(3)(C). Pub. L. 95-95, Sec. 224(b), added subpar. (C).

Subsec. (b)(5). Pub. L. 95-95, Sec. 201(c), substituted

provisions setting up a procedure under which a manufacturer may

apply for a waiver for model years 1981 and 1982 of the effective

date of the emission standards for carbon monoxide required by par.

(1)(A) for provisions which had set up a procedure under which a

manufacturer, after Jan. 1, 1975, could apply for a one-year

suspension of the effective date of any emission standard required

by par. (1)(A) for model year 1977.

Subsec. (b)(6). Pub. L. 95-95, Sec. 201(c), added par. (6).

Subsec. (b)(7). Pub. L. 95-95, Sec. 202(b), added par. (7).

Subsec. (d)(2). Pub. L. 95-95, Sec. 224(g), as amended by Pub. L.

95-190, Sec. 14(b)(5), to correct typographical error in directory

language, inserted "(other than motorcycles or motorcycle engines)"

after "motor vehicle or motor vehicle engine".

Subsec. (d)(3). Pub. L. 95-95, Sec. 224(g), added par. (3).

Subsec. (e). Pub. L. 95-95, Sec. 401(d)(2), substituted "which in

his judgment cause, or contribute to, air pollution which may

reasonably be anticipated to endanger" for "which cause or

contribute to, or are likely to cause or contribute to, air

pollution which endangers".

Subsec. (f). Pub. L. 95-95, Sec. 213(b), added subsec. (f).

1974 - Subsec. (b)(1)(A). Pub. L. 93-319, Sec. 5(a), substituted

"model year 1977" for "model year 1975" in provisions requiring a

reduction of at least 90 per centum from the emissions allowable

under standards for model year 1970 and inserted provisions

covering regulations for model years 1975 and 1976.

Subsec. (b)(1)(B). Pub. L. 93-319, Sec. 5(b), substituted "model

year 1978" for "model year 1976" in provisions requiring a

reduction of at least 90 per centum from the average of emissions

actually measured from vehicles manufactured during model year 1971

and inserted provisions covering regulations for model years 1975,

1976, and 1977.

Subsec. (b)(5). Pub. L. 93-319, Sec. 5(c), (d), substituted in

subpar. (A), "At any time after January 1, 1975" for "At any time

after January 1, 1972", "with respect to such manufacturer for

light-duty vehicles and engines manufactured in model year 1977"

for "with respect to such manufacturer", "sixty days" for "60

days", "paragraph (1)(A) of this subsection" for "paragraph

(1)(A)", and "vehicles and engines manufactured during model year

1977" for "vehicles and engines manufactured during model year

1975", redesignated subpars. (C) to (E) as (B) to (D),

respectively, and struck out former subpar. (B) which had allowed

manufacturers, at any time after Jan. 1, 1973, to file with the

Administrator an application requesting a 1-year suspension of the

effective date of any emission standard required by subsec.

(b)(1)(B) with respect to such manufacturer.

1970 - Subsec. (a). Pub. L. 91-604 redesignated existing

provisions as par. (1), substituted Administrator for Secretary as

the issuing authority for standards, inserted references to the

useful life of engines, and substituted the emission of any air

pollutant for the emission of any kind of substance as the subject

to be regulated, and added par. (2).

Subsec. (b). Pub. L. 91-604 added subsec. (b). Former subsec. (b)

redesignated as par. (2) of subsec. (a).

Subsecs. (c) to (e). Pub. L. 91-604 added subsecs. (c) to (e).

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.

STUDY ON OXIDES OF NITROGEN FROM LIGHT-DUTY VEHICLES

Section 202(a) of Pub. L. 95-95 provided that the Administrator

of the Environmental Protection Agency conduct a study of the

public health implications of attaining an emission standard on

oxides of nitrogen from light-duty vehicles of 0.4 gram per vehicle

mile, the cost and technological capability of attaining such

standard, and the need for such a standard to protect public health

or welfare and that the Administrator submit a report of such study

to the Congress, together with recommendations not later than July

1, 1980.

STUDY OF CARBON MONOXIDE INTRUSION INTO SUSTAINED-USE VEHICLES

Section 226 of Pub. L. 95-95 provided that the Administrator, in

conjunction with the Secretary of Transportation, study the problem

of carbon monoxide intrusion into the passenger area of

sustained-use motor vehicles and that within one year the

Administrator report to the Congress respecting the results of such

study.

CONTINUING COMPREHENSIVE STUDIES AND INVESTIGATIONS BY NATIONAL

ACADEMY OF SCIENCES

Section 403(f) of Pub. L. 95-95 provided that: "The Administrator

of the Environmental Protection Agency shall undertake to enter

into appropriate arrangements with the National Academy of Sciences

to conduct continuing comprehensive studies and investigations of

the effects on public health and welfare of emissions subject to

section 202(a) of the Clean Air Act [subsec. (a) of this section]

(including sulfur compounds) and the technological feasibility of

meeting emission standards required to be prescribed by the

Administrator by section 202(b) of such Act [subsec. (b) of this

section]. The Administrator shall report to the Congress within six

months of the date of enactment of this section [Aug. 7, 1977] and

each year thereafter regarding the status of the contractual

arrangements and conditions necessary to implement this paragraph."

[For termination, effective May 15, 2000, of provisions relating

to annual report to Congress in section 403(f) of Pub. L. 95-95,

set out above, 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 2nd item on page 165 of House Document No. 103-7.]

STUDY ON EMISSION OF SULFUR-BEARING COMPOUNDS FROM MOTOR VEHICLES

AND MOTOR VEHICLE AND AIRCRAFT ENGINES

Section 403(g) of Pub. L. 95-95 provided that the Administrator

of the Environmental Protection Agency conduct a study and report

to the Congress by the date one year after Aug. 7, 1977, on the

emission of sulfur-bearing compounds from motor vehicles and motor

vehicle engines and aircraft engines.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7417, 7511a, 7522, 7525,

7541, 7543, 7545, 7547, 7548, 7549, 7550, 7554, 7585, 7607, 7608,

7617 of this title; title 49 section 30113.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "(4)".

(!3) So in original. Probably should be "paragraph".

(!4) Another subsec. (f) is set out after subsec. (m).

(!5) So in original. Probably should be "(n)".

-End-

-CITE-

42 USC Sec. 7522 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 A - Motor Vehicle Emission and Fuel Standards

-HEAD-

Sec. 7522. Prohibited acts

-STATUTE-

(a) Enumerated prohibitions

The following acts and the causing thereof are prohibited -

(1) in the case of a manufacturer of new motor vehicles or new

motor vehicle engines for distribution in commerce, the sale, or

the offering for sale, or the introduction, or delivery for

introduction, into commerce, or (in the case of any person,

except as provided by regulation of the Administrator), the

importation into the United States, of any new motor vehicle or

new motor vehicle engine, manufactured after the effective date

of regulations under this part which are applicable to such

vehicle or engine unless such vehicle or engine is covered by a

certificate of conformity issued (and in effect) under

regulations prescribed under this part or part C in the case of

clean-fuel vehicles (except as provided in subsection (b) of this

section);

(2)(A) for any person to fail or refuse to permit access to or

copying of records or to fail to make reports or provide

information required under section 7542 of this title;

(B) for any person to fail or refuse to permit entry, testing

or inspection authorized under section 7525(c) of this title or

section 7542 of this title;

tests performed as required under section 7542 of this title;

(D) for any manufacturer to fail to make information available

as provided by regulation under section 7521(m)(5) of this title;

(3)(A) for any person to remove or render inoperative any

device or element of design installed on or in a motor vehicle or

motor vehicle engine in compliance with regulations under this

subchapter prior to its sale and delivery to the ultimate

purchaser, or for any person knowingly to remove or render

inoperative any such device or element of design after such sale

and delivery to the ultimate purchaser; or

(B) for any person to manufacture or sell, or offer to sell, or

install, any part or component intended for use with, or as part

of, any motor vehicle or motor vehicle engine, where a principal

effect of the part or component is to bypass, defeat, or render

inoperative any device or element of design installed on or in a

motor vehicle or motor vehicle engine in compliance with

regulations under this subchapter, and where the person knows or

should know that such part or component is being offered for sale

or installed for such use or put to such use; or

(4) for any manufacturer of a new motor vehicle or new motor

vehicle engine subject to standards prescribed under section 7521

of this title or part C of this subchapter -

(A) to sell or lease any such vehicle or engine unless such

manufacturer has complied with (i) the requirements of section

7541(a) and (b) of this title with respect to such vehicle or

engine, and unless a label or tag is affixed to such vehicle or

engine in accordance with section 7541(c)(3) of this title, or

(ii) the corresponding requirements of part C of this

subchapter in the case of clean fuel vehicles unless the

manufacturer has complied with the corresponding requirements

of part C of this subchapter (!1)

(B) to fail or refuse to comply with the requirements of

section 7541(c) or (e) of this title, or the corresponding

requirements of part C of this subchapter in the case of clean

fuel vehicles (!1)

of this title and the corresponding requirements of part C of

this subchapter in the case of clean fuel vehicles, to provide

directly or indirectly in any communication to the ultimate

purchaser or any subsequent purchaser that the coverage of any

warranty under this chapter is conditioned upon use of any

part, component, or system manufactured by such manufacturer or

any person acting for such manufacturer or under his control,

or conditioned upon service performed by any such person, or

(D) to fail or refuse to comply with the terms and conditions

of the warranty under section 7541(a) or (b) of this title or

the corresponding requirements of part C of this subchapter in

the case of clean fuel vehicles with respect to any vehicle; or

(5) for any person to violate section 7553 of this title, 7554

of this title, or part C of this subchapter or any regulations

under section 7553 of this title, 7554 of this title, or part C

of this subchapter.

No action with respect to any element of design referred to in

paragraph (3) (including any adjustment or alteration of such

element) shall be treated as a prohibited act under such paragraph

(3) if such action is in accordance with section 7549 of this

title. Nothing in paragraph (3) shall be construed to require the

use of manufacturer parts in maintaining or repairing any motor

vehicle or motor vehicle engine. For the purposes of the preceding

sentence, the term "manufacturer parts" means, with respect to a

motor vehicle engine, parts produced or sold by the manufacturer of

the motor vehicle or motor vehicle engine. No action with respect

to any device or element of design referred to in paragraph (3)

shall be treated as a prohibited act under that paragraph if (i)

the action is for the purpose of repair or replacement of the

device or element, or is a necessary and temporary procedure to

repair or replace any other item and the device or element is

replaced upon completion of the procedure, and (ii) such action

thereafter results in the proper functioning of the device or

element referred to in paragraph (3). No action with respect to any

device or element of design referred to in paragraph (3) shall be

treated as a prohibited act under that paragraph if the action is

for the purpose of a conversion of a motor vehicle for use of a

clean alternative fuel (as defined in this subchapter) and if such

vehicle complies with the applicable standard under section 7521 of

this title when operating on such fuel, and if in the case of a

clean alternative fuel vehicle (as defined by rule by the

Administrator), the device or element is replaced upon completion

of the conversion procedure and such action results in proper

functioning of the device or element when the motor vehicle

operates on conventional fuel.

(b) Exemptions; refusal to admit vehicle or engine into United

States; vehicles or engines intended for export

(1) The Administrator may exempt any new motor vehicle or new

motor vehicle engine, from subsection (a) of this section, upon

such terms and conditions as he may find necessary for the purpose

of research, investigations, studies, demonstrations, or training,

or for reasons of national security.

(2) A new motor vehicle or new motor vehicle engine offered for

importation or imported by any person in violation of subsection

(a) of this section shall be refused admission into the United

States, but the Secretary of the Treasury and the Administrator

may, by joint regulation, provide for deferring final determination

as to admission and authorizing the delivery of such a motor

vehicle or engine offered for import to the owner or consignee

thereof upon such terms and conditions (including the furnishing of

a bond) as may appear to them appropriate to insure that any such

motor vehicle or engine will be brought into conformity with the

standards, requirements, and limitations applicable to it under

this part. The Secretary of the Treasury shall, if a motor vehicle

or engine is finally refused admission under this paragraph, cause

disposition thereof in accordance with the customs laws unless it

is exported, under regulations prescribed by such Secretary, within

ninety days of the date of notice of such refusal or such

additional time as may be permitted pursuant to such regulations,

except that disposition in accordance with the customs laws may not

be made in such manner as may result, directly or indirectly, in

the sale, to the ultimate consumer, of a new motor vehicle or new

motor vehicle engine that fails to comply with applicable standards

of the Administrator under this part.

(3) A new motor vehicle or new motor vehicle engine intended

solely for export, and so labeled or tagged on the outside of the

container and on the vehicle or engine itself, shall be subject to

the provisions of subsection (a) of this section, except that if

the country which is to receive such vehicle or engine has emission

standards which differ from the standards prescribed under section

7521 of this title, then such vehicle or engine shall comply with

the standards of such country which is to receive such vehicle or

engine.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 203, as added Pub. L.

89-272, title I, Sec. 101(8), Oct. 20, 1965, 79 Stat. 993; amended

Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 499; Pub. L.

91-604, Secs. 7(a), 11(a)(2)(A), 15(c)(2), Dec. 31, 1970, 84 Stat.

1693, 1705, 1713; Pub. L. 95-95, title II, Secs. 206, 211(a),

218(a), (d), 219(a), (b), Aug. 7, 1977, 91 Stat. 755, 757, 761,

762; Pub. L. 95-190, Sec. 14(a)(66)-(68), Nov. 16, 1977, 91 Stat.

1403; Pub. L. 101-549, title II, Secs. 228(a), (b), (e), 230(6),

Nov. 15, 1990, 104 Stat. 2507, 2511, 2529.)

-COD-

CODIFICATION

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

-MISC1-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-549, Sec. 228(b)(2), inserted two

sentences at end which set forth conditions under which actions

with respect to devices or elements of design, referred to in par.

(3), would not be deemed prohibited acts.

Subsec. (a)(1). Pub. L. 101-549, Sec. 228(e)(1), inserted "or

part C of this subchapter in the case of clean-fuel vehicles"

before "(except".

Subsec. (a)(2). Pub. L. 101-549, Sec. 228(a), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "for any

person to fail or refuse to permit access to or copying of records

or to fail to make reports or provide information, required under

section 7542 of this title or for any person to fail or refuse to

permit entry, testing, or inspection authorized under section

7525(c) of this title;".

Subsec. (a)(3). Pub. L. 101-549, Sec. 228(b)(1), amended par. (3)

generally. Prior to amendment, par. (3) read as follows:

"(A) for any person to remove or render inoperative any device or

element of design installed on or in a motor vehicle or motor

vehicle engine in compliance with regulations under this subchapter

prior to its sale and delivery to the ultimate purchaser, or for

any manufacturer or dealer knowingly to remove or render

inoperative any such device or element of design after such sale

and delivery to the ultimate purchaser; or

"(B) for any person engaged in the business of repairing,

servicing, selling, leasing, or trading motor vehicles or motor

vehicle engines, or who operates a fleet of motor vehicles,

knowingly to remove or render inoperative any device or element of

design installed on or in a motor vehicle or motor vehicle engine

in compliance with regulations under this subchapter following its

sale and delivery to the ultimate purchaser; or".

Subsec. (a)(4). Pub. L. 101-549, Sec. 228(e)(2), inserted "part C

of this subchapter" after "section 7521 of this title".

Subsec. (a)(4)(A). Pub. L. 101-549, Sec. 228(e)(3), inserted cl.

(i) designation and added cl. (ii).

Subsec. (a)(4)(B). Pub. L. 101-549, Sec. 228(e)(4), inserted at

end "or the corresponding requirements of part C of this subchapter

in the case of clean fuel vehicles".

Subsec. (a)(4)(C). Pub. L. 101-549, Sec. 228(e)(5), inserted "and

the corresponding requirements of part C of this subchapter in the

case of clean fuel vehicles" after "section 7541 of this title".

Subsec. (a)(4)(D). Pub. L. 101-549, Sec. 228(e)(6), inserted "or

the corresponding requirements of part C of this subchapter in the

case of clean fuel vehicles" before "with respect to any vehicle".

Subsec. (a)(5). Pub. L. 101-549, Sec. 228(e)(7), added par. (5).

Subsec. (c). Pub. L. 101-549, Sec. 230(6), struck out subsec. (c)

which related to exemptions to permit modifications of emission

control devices or systems.

1977 - Subsec. (a). Pub. L. 95-190, Sec. 14(a)(68), in closing

text inserted a period after "section 7549 of this title".

Pub. L. 95-95, Secs. 206, 211(a), 218(a), 219(a), (b), inserted

"or for any person to fail or refuse to permit entry, testing, or

inspection authorized under section 7525(c) of this title" in par.

(2), designated existing provisions of par. (3) as subpar. (A) and

added subpar. (B), added subpars. (C) and (D) in par. (4), and,

following par. (4), inserted provisions that no action with respect

to any element of design referred to in par. (3) (including

adjustment or alteration of such element) be treated as a

prohibited act under par. (3) if the action is in accordance with

section 7549 of this title and that nothing in par. (3) be

construed to require the use of manufacturer parts in maintaining

or repairing motor vehicles or motor vehicle engines.

Subsec. (a)(3)(B). Pub. L. 95-190, Sec. 14(a)(66), substituted

"purchaser;" for "purchaser,".

Subsec. (a)(4)(C). Pub. L. 95-190, Sec. 14(a)(67), inserted "or"

after "such person,".

Subsec. (b)(3). Pub. L. 95-95, Sec. 218(d), substituted "section

7521 of this title" for "subsection (a) of this section" and

"country which is to receive such vehicle or engine" for "country

of export".

1970 - Subsec. (a)(1). Pub. L. 91-604, Sec. 7(a)(1), struck out

reference to the manufacture of new motor vehicles or new motor

vehicle engines for sale, inserted provision for issuance by the

Administrator of regulations regarding exceptions in the case of

importation of new motor vehicles or new motor vehicle engines, and

substituted "importation" into the United States of such units for

"importation for sale or resale" into the United States of such

units.

Subsec. (a)(2). Pub. L. 91-604, Sec. 7(a)(2), substituted

"section 208" for "section 207", both of which, for purposes of

codification, are translated as "section 7542 of this title".

Subsec. (a)(3). Pub. L. 91-604, Secs. 7(a)(3), 11(a)(2)(A),

substituted "part" for "subchapter" and inserted provisions

prohibiting the knowing removal or inoperation by manufacturers or

dealers of devices or elements of design after sale and delivery to

the ultimate purchaser.

Subsec. (a)(4). Pub. L. 91-604, Sec. 7(a)(4), added par. (4).

Subsec. (b)(1). Pub. L. 91-604, Secs. 7(a)(5), 15(c)(2), struck

out reference to the exemption of a class of new motor vehicles or

new motor vehicle engines, struck out the protection of the public

health and welfare from the enumeration of purposes for which

exemptions may be made, and substituted "Administrator" for

"Secretary".

Subsec. (b)(2). Pub. L. 91-604, Secs. 7(a)(6), 11(a)(2)(A),

15(c)(2), substituted "Administrator" for "Secretary of Health,

Education, and Welfare", "importation or imported by any person"

for "importation by a manufacturer", and "part" for "subchapter".

Subsec. (b)(3). Pub. L. 91-604, Sec. 7(a)(7)(A), inserted

provision that, if the country of export has emission standards

which differ from the standards prescribed under subsec. (a), such

vehicle or engine must comply with the standards of such country of

export.

Subsec. (c). Pub. L. 91-604, Sec. 7(a)(7)(B), added subsec. (c).

1967 - Subsec. (a). Pub. L. 90-148 substituted "conformity with

regulations prescribed under this subchapter" for "conformity with

regulations prescribed under section 7521 of this title" in par.

(1).

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7523, 7524, 7549, 7550,

7587 of this title.

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 7523 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 A - Motor Vehicle Emission and Fuel Standards

-HEAD-

Sec. 7523. Actions to restrain violations

-STATUTE-

(a) Jurisdiction

The district courts of the United States shall have jurisdiction

to restrain violations of section 7522(a) of this title.

(b) Actions brought by or in name of United States; subpenas

Actions to restrain such violations shall be brought by and in

the name of the United States. In any such action, subpenas for

witnesses who are required to attend a district court in any

district may run into any other district.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 204, as added Pub. L.

89-272, title I, Sec. 101(8), Oct. 20, 1965, 79 Stat. 994; amended

Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 500; Pub. L.

91-604, Sec. 7(b), Dec. 31, 1970, 84 Stat. 1694; Pub. L. 95-95,

title II, Sec. 218(b), Aug. 7, 1977, 91 Stat. 761.)

-COD-

CODIFICATION

Section was formerly classified to section 1857f-3 of this title.

-MISC1-

AMENDMENTS

1977 - Subsec. (a). Pub. L. 95-95 struck out "paragraph (1), (2),

(3), or (4)" after "restrain violations of".

1970 - Subsec. (a). Pub. L. 91-604 inserted reference to par. (4)

of section 7522(a) of this title.

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.

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.

-End-

-CITE-

42 USC Sec. 7524 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 A - Motor Vehicle Emission and Fuel Standards

-HEAD-

Sec. 7524. Civil penalties

-STATUTE-

(a) Violations

Any person who violates sections (!1) 7522(a)(1), 7522(a)(4), or

7522(a)(5) of this title or any manufacturer or dealer who violates

section 7522(a)(3)(A) of this title shall be subject to a civil

penalty of not more than $25,000. Any person other than a

manufacturer or dealer who violates section 7522(a)(3)(A) of this

title or any person who violates section 7522(a)(3)(B) of this

title shall be subject to a civil penalty of not more than $2,500.

Any such violation with respect to paragraph (1), (3)(A), or (4) of

section 7522(a) of this title shall constitute a separate offense

with respect to each motor vehicle or motor vehicle engine. Any

such violation with respect to section 7522(a)(3)(B) of this title

shall constitute a separate offense with respect to each part or

component. Any person who violates section 7522(a)(2) of this title

shall be subject to a civil penalty of not more than $25,000 per

day of violation.

(b) Civil actions

The Administrator may commence a civil action to assess and

recover any civil penalty under subsection (a) of this section,

section 7545(d) of this title, or section 7547(d) of this title.

Any action under this subsection may be brought in the district

court of the United States for the district in which the violation

is alleged to have occurred or in which the defendant resides or

has the Administrator's principal place of business, and the court

shall have jurisdiction to assess a civil penalty. In determining

the amount of any civil penalty to be assessed under this

subsection, the court shall take into account the gravity of the

violation, the economic benefit or savings (if any) resulting from

the violation, the size of the violator's business, the violator's

history of compliance with this subchapter, action taken to remedy

the violation, the effect of the penalty on the violator's ability

to continue in business, and such other matters as justice may

require. In any such action, subpoenas for witnesses who are

required to attend a district court in any district may run into

any other district.

(1) Administrative penalty authority

In lieu of commencing a civil action under subsection (b) of

this section, the Administrator may assess any civil penalty

prescribed in subsection (a) of this section, section 7545(d) of

this title, or section 7547(d) of this title, except that the

maximum amount of penalty sought against each violator in a

penalty assessment proceeding shall not exceed $200,000, unless

the Administrator and the Attorney General jointly determine that

a matter involving a larger penalty amount is appropriate for

administrative penalty assessment. Any such determination by the

Administrator and the Attorney General shall not be subject to

judicial review. Assessment of a civil penalty under this

subsection shall be by an order made on the record after

opportunity for a hearing in accordance with sections 554 and 556

of title 5. The Administrator shall issue reasonable rules for

discovery and other procedures for hearings under this paragraph.

Before issuing such an order, the Administrator shall give

written notice to the person to be assessed an administrative

penalty of the Administrator's proposal to issue such order and

provide such person an opportunity to request such a hearing on

the order, within 30 days of the date the notice is received by

such person. The Administrator may compromise, or remit, with or

without conditions, any administrative penalty which may be

imposed under this section.

(2) Determining amount

In determining the amount of any civil penalty assessed under

this subsection, the Administrator shall take into account the

gravity of the violation, the economic benefit or savings (if

any) resulting from the violation, the size of the violator's

business, the violator's history of compliance with this

subchapter, action taken to remedy the violation, the effect of

the penalty on the violator's ability to continue in business,

and such other matters as justice may require.

(3) Effect of Administrator's action

(A) Action by the Administrator under this subsection shall not

affect or limit the Administrator's authority to enforce any

provision of this chapter; except that any violation,

(i) with respect to which the Administrator has commenced and

is diligently prosecuting an action under this subsection, or

(ii) for which the Administrator has issued a final order not

subject to further judicial review and the violator has paid a

penalty assessment under this subsection,

shall not be the subject of civil penalty action under subsection

(b) of this section.

(B) No action by the Administrator under this subsection shall

affect any person's obligation to comply with any section of this

chapter.

(4) Finality of order

An order issued under this subsection shall become final 30

days after its issuance unless a petition for judicial review is

filed under paragraph (5).

(5) Judicial review

Any person against whom a civil penalty is assessed in

accordance with this subsection may seek review of the assessment

in the United States District Court for the District of Columbia,

or for the district in which the violation is alleged to have

occurred, in which such person resides, or where such person's

principal place of business is located, within the 30-day period

beginning on the date a civil penalty order is issued. Such

person shall simultaneously send a copy of the filing by

certified mail to the Administrator and the Attorney General. The

Administrator shall file in the court a certified copy, or

certified index, as appropriate, of the record on which the order

was issued within 30 days. The court shall not set aside or

remand any order issued in accordance with the requirements of

this subsection unless there is not substantial evidence in the

record, taken as a whole, to support the finding of a violation

or unless the Administrator's assessment of the penalty

constitutes an abuse of discretion, and the court shall not

impose additional civil penalties unless the Administrator's

assessment of the penalty constitutes an abuse of discretion. In

any proceedings, the United States may seek to recover civil

penalties assessed under this section.

(6) Collection

If any person fails to pay an assessment of a civil penalty

imposed by the Administrator as provided in this subsection -

(A) after the order making the assessment has become final,

(B) after a court in an action brought under paragraph (5)

has entered a final judgment in favor of the Administrator,

the Administrator shall request the Attorney General to bring a

civil action in an appropriate district court to recover the

amount assessed (plus interest at rates established pursuant to

section 6621(a)(2) of title 26 from the date of the final order

or the date of the final judgment, as the case may be). In such

an action, the validity, amount, and appropriateness of the

penalty shall not be subject to review. Any person who fails to

pay on a timely basis the amount of an assessment of a civil

penalty as described in the first sentence of this paragraph

shall be required to pay, in addition to that amount and

interest, the United States' enforcement expenses, including

attorneys fees and costs for collection proceedings, and a

quarterly nonpayment penalty for each quarter during which such

failure to pay persists. The nonpayment penalty shall be in an

amount equal to 10 percent of the aggregate amount of that

person's penalties and nonpayment penalties which are unpaid as

of the beginning of such quarter.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 205, as added Pub. L.

89-272, title I, Sec. 101(8), Oct. 20, 1965, 79 Stat. 994; amended

Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 500; Pub. L.

91-604, Sec. 7(c), Dec. 31, 1970, 84 Stat. 1694; Pub. L. 95-95,

title II, Sec. 219(c), Aug. 7, 1977, 91 Stat. 762; Pub. L. 101-549,

title II, Sec. 228(c), Nov. 15, 1990, 104 Stat. 2508.)

-COD-

CODIFICATION

Section was formerly classified to section 1857f-4 of this title.

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-549 amended section generally. Prior to

amendment, section read as follows: "Any person who violates

paragraph (1), (2), or (4) of section 7522(a) of this title or any

manufacturer, dealer, or other person who violates paragraph (3)(A)

of section 7522(a) of this title shall be subject to a civil

penalty of not more than $10,000. Any person who violates paragraph

(3)(B) of such section 7522(a) shall be subject to a civil penalty

of not more than $2,500. Any such violation with respect to

paragraph (1), (3), or (4) of section 7522(a) of this title shall

constitute a separate offense with respect to each motor vehicle or

motor vehicle engine."

1977 - Pub. L. 95-95 substituted "Any person who violates

paragraph (1), (2), or (4) of section 7522(a) of this title, or any

manufacturer, dealer, or other person who violates paragraph (3)(A)

of section 7522(a) of this title" for "Any person who violates

paragraph (1), (2), (3), or (4) of section 7522(a) of this title"

in provisions covering the civil penalty of $10,000, and inserted

provisions for a civil penalty of not more than $2,500 for

violations of par. (3)(B) of section 7522(a) of this title.

1970 - Pub. L. 91-604 increased the upper limit of the allowable

fine from "$1,000" to "$10,000".

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 7545, 7549, 7607 of this

title.

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 7525 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 A - Motor Vehicle Emission and Fuel Standards

-HEAD-

Sec. 7525. Motor vehicle and motor vehicle engine compliance

testing and certification

-STATUTE-

(a) Testing and issuance of certificate of conformity

(1) The Administrator shall test, or require to be tested in such

manner as he deems appropriate, any new motor vehicle or new motor

vehicle engine submitted by a manufacturer to determine whether

such vehicle or engine conforms with the regulations prescribed

under section 7521 of this title. If such vehicle or engine

conforms to such regulations, the Administrator shall issue a

certificate of conformity upon such terms, and for such period (not

in excess of one year), as he may prescribe. In the case of any

original equipment manufacturer (as defined by the Administrator in

regulations promulgated before November 15, 1990) of vehicles or

vehicle engines whose projected sales in the United States for any

model year (as determined by the Administrator) will not exceed

300, the Administrator shall not require, for purposes of

determining compliance with regulations under section 7521 of this

title for the useful life of the vehicle or engine, operation of

any vehicle or engine manufactured during such model year for more

than 5,000 miles or 160 hours, respectively, unless the

Administrator, by regulation, prescribes otherwise. The

Administrator shall apply any adjustment factors that the

Administrator deems appropriate to assure that each vehicle or

engine will comply during its useful life (as determined under

section 7521(d) of this title) with the regulations prescribed

under section 7521 of this title.

(2) The Administrator shall test any emission control system

incorporated in a motor vehicle or motor vehicle engine submitted

to him by any person, in order to determine whether such system

enables such vehicle or engine to conform to the standards required

to be prescribed under section 7521(b) of this title. If the

Administrator finds on the basis of such tests that such vehicle or

engine conforms to such standards, the Administrator shall issue a

verification of compliance with emission standards for such system

when incorporated in vehicles of a class of which the tested

vehicle is representative. He shall inform manufacturers and the

National Academy of Sciences, and make available to the public, the

results of such tests. Tests under this paragraph shall be

conducted under such terms and conditions (including requirements

for preliminary testing by qualified independent laboratories) as

the Administrator may prescribe by regulations.

(3)(A) A certificate of conformity may be issued under this

section only if the Administrator determines that the manufacturer

(or in the case of a vehicle or engine for import, any person) has

established to the satisfaction of the Administrator that any

emission control device, system, or element of design installed on,

or incorporated in, such vehicle or engine conforms to applicable

requirements of section 7521(a)(4) of this title.

(B) The Administrator may conduct such tests and may require the

manufacturer (or any such person) to conduct such tests and provide

such information as is necessary to carry out subparagraph (A) of

this paragraph. Such requirements shall include a requirement for

prompt reporting of the emission of any unregulated pollutant from

a system, device, or element of design if such pollutant was not

emitted, or was emitted in significantly lesser amounts, from the

vehicle or engine without use of the system, device, or element of

design.

(4)(A) Not later than 12 months after November 15, 1990, the

Administrator shall revise the regulations promulgated under this

subsection to add test procedures capable of determining whether

model year 1994 and later model year light-duty vehicles and

light-duty trucks, when properly maintained and used, will pass the

inspection methods and procedures established under section 7541(b)

of this title for that model year, under conditions reasonably

likely to be encountered in the conduct of inspection and

maintenance programs, but which those programs cannot reasonably

influence or control. The conditions shall include fuel

characteristics, ambient temperature, and short (30 minutes or

less) waiting periods before tests are conducted. The Administrator

shall not grant a certificate of conformity under this subsection

for any 1994 or later model year vehicle or engine that the

Administrator concludes cannot pass the test procedures established

under this paragraph.

(B) From time to time, the Administrator may revise the

regulations promulgated under subparagraph (A), as the

Administrator deems appropriate.

(b) Testing procedures; hearing; judicial review; additional

evidence

(1) In order to determine whether new motor vehicles or new motor

vehicle engines being manufactured by a manufacturer do in fact

conform with the regulations with respect to which the certificate

of conformity was issued, the Administrator is authorized to test

such vehicles or engines. Such tests may be conducted by the

Administrator directly or, in accordance with conditions specified

by the Administrator, by the manufacturer.

(2)(A)(i) If, based on tests conducted under paragraph (1) on a

sample of new vehicles or engines covered by a certificate of

conformity, the Administrator determines that all or part of the

vehicles or engines so covered do not conform with the regulations

with respect to which the certificate of conformity was issued and

with the requirements of section 7521(a)(4) of this title, he may

suspend or revoke such certificate in whole or in part, and shall

so notify the manufacturer. Such suspension or revocation shall

apply in the case of any new motor vehicles or new motor vehicle

engines manufactured after the date of such notification (or

manufactured before such date if still in the hands of the

manufacturer), and shall apply until such time as the Administrator

finds that vehicles and engines manufactured by the manufacturer do

conform to such regulations and requirements. If, during any period

of suspension or revocation, the Administrator finds that a vehicle

or engine actually conforms to such regulations and requirements,

he shall issue a certificate of conformity applicable to such

vehicle or engine.

(ii) If, based on tests conducted under paragraph (1) on any new

vehicle or engine, the Administrator determines that such vehicle

or engine does not conform with such regulations and requirements,

he may suspend or revoke such certificate insofar as it applies to

such vehicle or engine until such time as he finds such vehicle or

engine actually so conforms with such regulations and requirements,

and he shall so notify the manufacturer.

(B)(i) At the request of any manufacturer the Administrator shall

grant such manufacturer a hearing as to whether the tests have been

properly conducted or any sampling methods have been properly

applied, and make a determination on the record with respect to any

suspension or revocation under subparagraph (A); but suspension or

revocation under subparagraph (A) shall not be stayed by reason of

such hearing.

(ii) In any case of actual controversy as to the validity of any

determination under clause (i), the manufacturer may at any time

prior to the 60th day after such determination is made file a

petition with the United States court of appeals for the circuit

wherein such manufacturer resides or has his principal place of

business for a judicial review of such determination. A copy of the

petition shall be forthwith transmitted by the clerk of the court

to the Administrator or other officer designated by him for that

purpose. The Administrator thereupon shall file in the court the

record of the proceedings on which the Administrator based his

determination, as provided in section 2112 of title 28.

(iii) If the petitioner applies to the court for leave to adduce

additional evidence, and shows to the satisfaction of the court

that such additional evidence is material and that there were

reasonable grounds for the failure to adduce such evidence in the

proceeding before the Administrator, the court may order such

additional evidence (and evidence in rebuttal thereof) to be taken

before the Administrator, in such manner and upon such terms and

conditions as the court may deem proper. The Administrator may

modify his findings as to the facts, or make new findings, by

reason of the additional evidence so taken and he shall file such

modified or new findings, and his recommendation, if any, for the

modification or setting aside of his original determination, with

the return of such additional evidence.

(iv) Upon the filing of the petition referred to in clause (ii),

the court shall have jurisdiction to review the order in accordance

with chapter 7 of title 5 and to grant appropriate relief as

provided in such chapter.

For purposes of enforcement of this section, officers or

employees duly designated by the Administrator, upon presenting

appropriate credentials to the manufacturer or person in charge,

are authorized (1) to enter, at reasonable times, any plant or

other establishment of such manufacturer, for the purpose of

conducting tests of vehicles or engines in the hands of the

manufacturer, or (2) to inspect, at reasonable times, records,

files, papers, processes, controls, and facilities used by such

manufacturer in conducting tests under regulations of the

Administrator. Each such inspection shall be commenced and

completed with reasonable promptness.

(d) Rules and regulations

The Administrator shall by regulation establish methods and

procedures for making tests under this section.

(e) Publication of test results

The Administrator shall make available to the public the results

of his tests of any motor vehicle or motor vehicle engine submitted

by a manufacturer under subsection (a) of this section as promptly

as possible after December 31, 1970, and at the beginning of each

model year which begins thereafter. Such results shall be described

in such nontechnical manner as will reasonably disclose to

prospective ultimate purchasers of new motor vehicles and new motor

vehicle engines the comparative performance of the vehicles and

engines tested in meeting the standards prescribed under section

7521 of this title.

(f) High altitude regulations

All light duty (!1) vehicles and engines manufactured during or

after model year 1984 and all light-duty trucks manufactured during

or after model year 1995 shall comply with the requirements of

section 7521 of this title regardless of the altitude at which they

are sold.

(g) Nonconformance penalty

(1) In the case of any class or category of heavy-duty vehicles

or engines to which a standard promulgated under section 7521(a) of

this title applies, except as provided in paragraph (2), a

certificate of conformity shall be issued under subsection (a) of

this section and shall not be suspended or revoked under subsection

(b) of this section for such vehicles or engines manufactured by a

manufacturer notwithstanding the failure of such vehicles or

engines to meet such standard if such manufacturer pays a

nonconformance penalty as provided under regulations promulgated by

the Administrator after notice and opportunity for public hearing.

In the case of motorcycles to which such a standard applies, such a

certificate may be issued notwithstanding such failure if the

manufacturer pays such a penalty.

(2) No certificate of conformity may be issued under paragraph

(1) with respect to any class or category of vehicle or engine if

the degree by which the manufacturer fails to meet any standard

promulgated under section 7521(a) of this title with respect to

such class or category exceeds the percentage determined under

regulations promulgated by the Administrator to be practicable.

Such regulations shall require such testing of vehicles or engines

being produced as may be necessary to determine the percentage of

the classes or categories of vehicles or engines which are not in

compliance with the regulations with respect to which a certificate

of conformity was issued and shall be promulgated not later than

one year after August 7, 1977.

(3) The regulations promulgated under paragraph (1) shall, not

later than one year after August 7, 1977, provide for

nonconformance penalties in amounts determined under a formula

established by the Administrator. Such penalties under such formula

(A) may vary from pollutant-to-pollutant;

(B) may vary by class or category or vehicle or engine;

emissions of any air pollutant exceed allowable emissions under

the standards promulgated under section 7521 of this title;

(D) shall be increased periodically in order to create

incentives for the development of production vehicles or engines

which achieve the required degree of emission reduction; and

(E) shall remove any competitive disadvantage to manufacturers

whose engines or vehicles achieve the required degree of emission

reduction (including any such disadvantage arising from the

application of paragraph (4)).

(4) In any case in which a certificate of conformity has been

issued under this subsection, any warranty required under section

7541(b)(2) of this title and any action under section 7541(c) of

this title shall be required to be effective only for the emission

levels which the Administrator determines that such certificate was

issued and not for the emission levels required under the

applicable standard.

(5) The authorities of section 7542(a) of this title shall apply,

subject to the conditions of section 7542(b) (!2) of this title,

for purposes of this subsection.

(h) Review and revision of regulations

Within 18 months after November 15, 1990, the Administrator shall

review and revise as necessary the regulations under subsection

(!3) (a) and (b) of this section regarding the testing of motor

vehicles and motor vehicle engines to insure that vehicles are

tested under circumstances which reflect the actual current driving

conditions under which motor vehicles are used, including

conditions relating to fuel, temperature, acceleration, and

altitude.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 206, as added Pub. L.

91-604, Sec. 8(a), Dec. 31, 1970, 84 Stat. 1694; amended Pub. L.

95-95, title II, Secs. 213(a), 214(b), (c), 220, 224(e), Aug. 7,

1977, 91 Stat. 758-760, 762, 768; Pub. L. 95-190, Sec. 14(a)(69),

Nov. 16, 1977, 91 Stat. 1403; Pub. L. 101-549, title II, Secs. 208,

230(7), (8), Nov. 15, 1990, 104 Stat. 2483, 2529.)

-REFTEXT-

REFERENCES IN TEXT

Section 7542 of this title, referred to in subsec. (g)(5), was

amended generally by Pub. L. 101-549, title II, Sec. 211, Nov. 15,

1990, 104 Stat. 2487, and provisions formerly contained in section

7542(b) of this title are contained in section 7542(c).

-COD-

CODIFICATION

Section was formerly classified to section 1857f-5 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 206 of act July 14, 1955, related to testing of

motor vehicles and motor vehicle engines and was classified to

section 1857f-5 of this title, prior to repeal by Pub. L. 91-604.

AMENDMENTS

1990 - Subsec. (a)(1). Pub. L. 101-549, Sec. 208(b), inserted new

third sentence and struck out former third sentence which read as

follows: "In the case of any manufacturer of vehicles or vehicle

engines whose projected sales in the United States for any model

year (as determined by the Administrator) will not exceed three

hundred, the regulations prescribed by the Administrator concerning

testing by the manufacturer for purposes of determining compliance

with regulations under section 7521 of this title for the useful

life of the vehicle or engine shall not require operation of any

vehicle or engine manufactured during such model year for more than

five thousand miles or one hundred and sixty hours, respectively,

but the Administrator shall apply such adjustment factors as he

deems appropriate to assure that each such vehicle or engine will

comply during its useful life (as determined under section 7521(d)

of this title) with the regulations prescribed under section 7521

of this title."

Subsec. (a)(4). Pub. L. 101-549, Sec. 208(a), added par. (4).

Subsec. (e). Pub. L. 101-549, Sec. 230(7), struck out "announce

in the Federal Register and" after "The Administrator shall".

Subsec. (f). Pub. L. 101-549, Sec. 230(8), struck out par. (1)

designation before "All light duty vehicles", inserted reference to

all light-duty trucks manufactured during or after model year 1995,

and struck out par. (2) which required the Administrator to report

to Congress by Oct. 1, 1978, on the economic impact and

technological feasibility of the requirements of former par. (1).

Subsec. (h). Pub. L. 101-549, Sec. 208(c), added subsec. (h).

1977 - Subsec. (a)(1). Pub. L. 95-95, Sec. 220, inserted

provisions covering testing by small manufacturers.

Subsec. (a)(3). Pub. L. 95-95, Sec. 214(b), added par. (3).

Subsec. (b)(2)(A)(i). Pub. L. 95-95, Sec. 214(c)(1), (2),

substituted "certificate of conformity was issued and with the

requirements of section 7521(a)(4) of this title, he may suspend"

for "certificate of conformity was issued, he may suspend" and

"such regulations and requirements" for "such regulations".

Subsec. (b)(2)(A)(ii). Pub. L. 95-95, Sec. 214(c)(2), substituted

"such regulations and requirements" for "such regulations".

Subsec. (f). Pub. L. 95-95, Sec. 213(a), added subsec. (f).

Subsec. (g). Pub. L. 95-95, Sec. 224(e), added subsec. (g).

Subsec. (g)(3)(D). Pub. L. 95-190 inserted "shall" before "be".

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.

EFFECTIVE DATE

Section 8(b) of Pub. L. 91-604 provided that: "The amendments

made by this section [enacting this section and section 7541 of

this title] shall not apply to vehicles or engines imported into

the United States before the sixtieth day after the date of

enactment of this Act [Dec. 31, 1970]."

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 7414, 7521, 7522, 7541,

7545, 7547, 7550, 7552, 7554, 7583, 7587, 7607 of this title; title

15 section 2702; title 26 section 4064; title 49 section 32904.

-FOOTNOTE-

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

(!2) See References in Text note below.

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

-End-

-CITE-

42 USC Sec. 7541 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 A - Motor Vehicle Emission and Fuel Standards

-HEAD-

Sec. 7541. Compliance by vehicles and engines in actual use

-STATUTE-

(a) Warranty; certification; payment of replacement costs of parts,

devices, or components designed for emission control

(1) Effective with respect to vehicles and engines manufactured

in model years beginning more than 60 days after December 31, 1970,

the manufacturer of each new motor vehicle and new motor vehicle

engine shall warrant to the ultimate purchaser and each subsequent

purchaser that such vehicle or engine is (A) designed, built, and

equipped so as to conform at the time of sale with applicable

regulations under section 7521 of this title, and (B) free from

defects in materials and workmanship which cause such vehicle or

engine to fail to conform with applicable regulations for its

useful life (as determined under section 7521(d) of this title). In

the case of vehicles and engines manufactured in the model year

1995 and thereafter such warranty shall require that the vehicle or

engine is free from any such defects for the warranty period

provided under subsection (i) of this section.

(2) In the case of a motor vehicle part or motor vehicle engine

part, the manufacturer or rebuilder of such part may certify that

use of such part will not result in a failure of the vehicle or

engine to comply with emission standards promulgated under section

7521 of this title. Such certification shall be made only under

such regulations as may be promulgated by the Administrator to

carry out the purposes of subsection (b) of this section. The

Administrator shall promulgate such regulations no later than two

years following August 7, 1977.

(3) The cost of any part, device, or component of any light-duty

vehicle that is designed for emission control and which in the

instructions issued pursuant to subsection (c)(3) of this section

is scheduled for replacement during the useful life of the vehicle

in order to maintain compliance with regulations under section 7521

of this title, the failure of which shall not interfere with the

normal performance of the vehicle, and the expected retail price of

which, including installation costs, is greater than 2 percent of

the suggested retail price of such vehicle, shall be borne or

reimbursed at the time of replacement by the vehicle manufacturer

and such replacement shall be provided without cost to the ultimate

purchaser, subsequent purchaser, or dealer. The term "designed for

emission control" as used in the preceding sentence means a

catalytic converter, thermal reactor, or other component installed

on or in a vehicle for the sole or primary purpose of reducing

vehicle emissions (not including those vehicle components which

were in general use prior to model year 1968 and the primary

function of which is not related to emission control).

(b) Testing methods and procedures

If the Administrator determines that (i) there are available

testing methods and procedures to ascertain whether, when in actual

use throughout its (!1) the warranty period (as determined under

subsection (i) of this section), each vehicle and engine to which

regulations under section 7521 of this title apply complies with

the emission standards of such regulations, (ii) such methods and

procedures are in accordance with good engineering practices, and

(iii) such methods and procedures are reasonably capable of being

correlated with tests conducted under section 7525(a)(1) of this

title, then -

(1) he shall establish such methods and procedures by

regulation, and

(2) at such time as he determines that inspection facilities or

equipment are available for purposes of carrying out testing

methods and procedures established under paragraph (1), he shall

prescribe regulations which shall require manufacturers to

warrant the emission control device or system of each new motor

vehicle or new motor vehicle engine to which a regulation under

section 7521 of this title applies and which is manufactured in a

model year beginning after the Administrator first prescribes

warranty regulations under this paragraph (2). The warranty under

such regulations shall run to the ultimate purchaser and each

subsequent purchaser and shall provide that if -

(A) the vehicle or engine is maintained and operated in

accordance with instructions under subsection (c)(3) of this

section,

(B) it fails to conform at any time during its (!1) the

warranty period (as determined under subsection (i) of this

section) to the regulations prescribed under section 7521 of

this title, and

any subsequent purchaser) of such vehicle or engine having to

bear any penalty or other sanction (including the denial of the

right to use such vehicle or engine) under State or Federal

law,

then such manufacturer shall remedy such nonconformity under such

warranty with the cost thereof to be borne by the manufacturer.

No such warranty shall be invalid on the basis of any part used

in the maintenance or repair of a vehicle or engine if such part

was certified as provided under subsection (a)(2) of this

section.

instructions for maintenance and use; label or tag

Effective with respect to vehicles and engines manufactured

during model years beginning more than 60 days after December 31,

1970 -

(1) If the Administrator determines that a substantial number

of any class or category of vehicles or engines, although

properly maintained and used, do not conform to the regulations

prescribed under section 7521 of this title, when in actual use

throughout their useful life (as determined under section 7521(d)

of this title), he shall immediately notify the manufacturer

thereof of such nonconformity, and he shall require the

manufacturer to submit a plan for remedying the nonconformity of

the vehicles or engines with respect to which such notification

is given. The plan shall provide that the nonconformity of any

such vehicles or engines which are properly used and maintained

will be remedied at the expense of the manufacturer. If the

manufacturer disagrees with such determination of nonconformity

and so advises the Administrator, the Administrator shall afford

the manufacturer and other interested persons an opportunity to

present their views and evidence in support thereof at a public

hearing. Unless, as a result of such hearing the Administrator

withdraws such determination of nonconformity, he shall, within

60 days after the completion of such hearing, order the

manufacturer to provide prompt notification of such nonconformity

in accordance with paragraph (2).

(2) Any notification required by paragraph (1) with respect to

any class or category of vehicles or engines shall be given to

dealers, ultimate purchasers, and subsequent purchasers (if

known) in such manner and containing such information as the

Administrator may by regulations require.

(3)(A) The manufacturer shall furnish with each new motor

vehicle or motor vehicle engine written instructions for the

proper maintenance and use of the vehicle or engine by the

ultimate purchaser and such instructions shall correspond to

regulations which the Administrator shall promulgate. The

manufacturer shall provide in boldface type on the first page of

the written maintenance instructions notice that maintenance,

replacement, or repair of the emission control devices and

systems may be performed by any automotive repair establishment

or individual using any automotive part which has been certified

as provided in subsection (a)(2) of this section.

(B) The instruction under subparagraph (A) of this paragraph

shall not include any condition on the ultimate purchaser's

using, in connection with such vehicle or engine, any component

or service (other than a component or service provided without

charge under the terms of the purchase agreement) which is

identified by brand, trade, or corporate name; or directly or

indirectly distinguishing between service performed by the

franchised dealers of such manufacturer or any other service

establishments with which such manufacturer has a commercial

relationship, and service performed by independent automotive

repair facilities with which such manufacturer has no commercial

relationship; except that the prohibition of this subsection may

be waived by the Administrator if -

(i) the manufacturer satisfies the Administrator that the

vehicle or engine will function properly only if the component

or service so identified is used in connection with such

vehicle or engine, and

(ii) the Administrator finds that such a waiver is in the

public interest.

label or tag permanently affixed to such vehicle or engine that

such vehicle or engine is covered by a certificate of conformity

issued for the purpose of assuring achievement of emissions

standards prescribed under section 7521 of this title. Such label

or tag shall contain such other information relating to control

of motor vehicle emissions as the Administrator shall prescribe

by regulation.

(4) Intermediate in-use standards. -

(A) Model years 1994 and 1995. - For light-duty trucks of up

to 6,000 lbs. gross vehicle weight rating (GVWR) and light-duty

vehicles which are subject to standards under table G of

section 7521(g)(1) of this title in model years 1994 and 1995

(40 percent of the manufacturer's sales volume in model year

1994 and 80 percent in model year 1995), the standards

applicable to NMHC, CO, and NOG5x for purposes of this

subsection shall be those set forth in table A below in lieu of

the standards for such air pollutants otherwise applicable

under this subchapter.

TABLE A - INTERMEDIATE IN-USE STANDARDS LDTS UP TO 6,000 LBS. GVWR

AND LIGHT-DUTY VEHICLES

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

Vehicle type NMHC CO NOG

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

Light-duty vehicles 0.32 3.4 0.4*

LDT's (0-3,750 LVW) 0.32 5.2 0.4*

LDT's (3,751-5,750 LVW) 0.41 6.7 0.7*

*Not applicable to diesel-fueled vehicles.

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

(B) Model years 1996 and thereafter. - (i) In the model years

1996 and 1997, light-duty trucks (LDTs) up to 6,000 lbs. gross

vehicle weight rating (GVWR) and light-duty vehicles which are

not subject to final in-use standards under paragraph (5) (60

percent of the manufacturer's sales volume in model year 1996

and 20 percent in model year 1997) shall be subject to the

standards set forth in table A of subparagraph (A) for NMHC,

CO, and NOG5x for purposes of this subsection in lieu of those

set forth in paragraph (5).

(ii) For LDTs of more than 6,000 lbs. GVWR -

(I) in model year 1996 which are subject to the standards

set forth in Table H of section 7521(h) of this title (50%);

(II) in model year 1997 (100%); and

(III) in model year 1998 which are not subject to final

in-use standards under paragraph (5) (50%);

the standards for NMHC, CO, and NOG5x for purposes of this

subsection shall be those set forth in Table B below in lieu of

the standards for such air pollutants otherwise applicable

under this subchapter.

TABLE B - INTERMEDIATE IN-USE STANDARDS LDTS MORE THAN 6,000 LBS.

GVWR

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

Vehicle type NMHC CO NOG5x

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

LDTs (3,751-5,750 lbs. TW) 0.40 5.5 0.88*

LDTs (over 5,750 lbs. TW) 0.49 6.2 1.38*

*Not applicable to diesel-fueled vehicles.

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

applicable under this paragraph, for purposes of applying this

subsection, the applicable useful life shall be 5 years or

50,000 miles or the equivalent (whichever first occurs).

(5) Final in-use standards. - (A) After the model year 1995,

for purposes of applying this subsection, in the case of the

percentage specified in the implementation schedule below of each

manufacturer's sales volume of light-duty trucks of up to 6,000

lbs. gross vehicle weight rating (GVWR) and light duty (!2)

vehicles, the standards for NMHC, CO, and NOG5x shall be as

provided in Table G in section 7521(g) of this title, except that

in applying the standards set forth in Table G for purposes of

determining compliance with this subsection, the applicable

useful life shall be (i) 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

(ii) 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 no testing shall be

done beyond 7 years or 75,000 miles, or the equivalent whichever

first occurs.

LDTS UP TO 6,000 LBS. GVWR AND LIGHT-DUTY VEHICLE SCHEDULE FOR

IMPLEMENTATION OF FINAL IN-USE STANDARDS

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

Model year Percent

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

1996 40

1997 80

1998 100

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

(B) After the model year 1997, for purposes of applying this

subsection, in the case of the percentage specified in the

implementation schedule below of each manufacturer's sales volume

of light-duty trucks of more than 6,000 lbs. gross vehicle weight

rating (GVWR), the standards for NMHC, CO, and NOG5x shall be as

provided in Table H in section 7521(h) of this title, except that

in applying the standards set forth in Table H for purposes of

determining compliance with this subsection, the applicable

useful life shall be (i) 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

(ii) 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 no testing shall be

done beyond 7 years or 90,000 miles (or the equivalent) whichever

first occurs.

LDTS OF MORE THAN 6,000 LBS. GVWR IMPLEMENTATION SCHEDULE FOR

IMPLEMENTATION OF FINAL IN-USE STANDARDS

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

Model year Percent

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

1998 50

1999 100

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

(6) Diesel vehicles; in-use useful life and testing. - (A) In

the case of diesel-fueled light-duty trucks up to 6,000 lbs. GVWR

and light-duty vehicles, the useful life for purposes of

determining in-use compliance with the standards under section

7521(g) of this title for NOG5x shall be 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 testing shall not be done for a period

beyond 7 years or 75,000 miles (or the equivalent) whichever

first occurs.

(B) In the case of diesel-fueled light-duty trucks of 6,000

lbs. GVWR or more, the useful life for purposes of determining

in-use compliance with the standards under section 7521(h) of

this title for NOG5x shall be 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 testing shall not be done for a period beyond

7 years or 90,000 miles (or the equivalent) whichever first

occurs.

(d) Dealer costs borne by manufacturer

Any cost obligation of any dealer incurred as a result of any

requirement imposed by subsection (a), (b), or (c) of this section

shall be borne by the manufacturer. The transfer of any such cost

obligation from a manufacturer to any dealer through franchise or

other agreement is prohibited.

(e) Cost statement

If a manufacturer includes in any advertisement a statement

respecting the cost or value of emission control devices or

systems, such manufacturer shall set forth in such statement the

cost or value attributed to such devices or systems by the

Secretary of Labor (through the Bureau of Labor Statistics). The

Secretary of Labor, and his representatives, shall have the same

access for this purpose to the books, documents, papers, and

records of a manufacturer as the Comptroller General has to those

of a recipient of assistance for purposes of section 7611 of this

title.

(f) Inspection after sale to ultimate purchaser

Any inspection of a motor vehicle or a motor vehicle engine for

purposes of subsection (c)(1) of this section, after its sale to

the ultimate purchaser, shall be made only if the owner of such

vehicle or engine voluntarily permits such inspection to be made,

except as may be provided by any State or local inspection program.

(g) Replacement and maintenance costs borne by owner

For the purposes of this section, the owner of any motor vehicle

or motor vehicle engine warranted under this section is responsible

in the proper maintenance of such vehicle or engine to replace and

to maintain, at his expense at any service establishment or

facility of his choosing, such items as spark plugs, points,

condensers, and any other part, item, or device related to emission

control (but not designed for emission control under the terms of

the last sentence of subsection (a)(3) of this section)),(!3)

unless such part, item, or device is covered by any warranty not

mandated by this chapter.

(h) Dealer certification

(1) Upon the sale of each new light-duty motor vehicle by a

dealer, the dealer shall furnish to the purchaser a certificate

that such motor vehicle conforms to the applicable regulations

under section 7521 of this title, including notice of the

purchaser's rights under paragraph (2).

(2) If at any time during the period for which the warranty

applies under subsection (b) of this section, a motor vehicle fails

to conform to the applicable regulations under section 7521 of this

title as determined under subsection (b) of this section such

nonconformity shall be remedied by the manufacturer at the cost of

the manufacturer pursuant to such warranty as provided in

subsection (b)(2) of this section (without regard to subparagraph

(3) Nothing in section 7543(a) of this title shall be construed

to prohibit a State from testing, or requiring testing of, a motor

vehicle after the date of sale of such vehicle to the ultimate

purchaser (except that no new motor vehicle manufacturer or dealer

may be required to conduct testing under this paragraph).

(i) Warranty period

(1) In general

For purposes of subsection (a)(1) of this section and

subsection (b) of this section, the warranty period, effective

with respect to new light-duty trucks and new light-duty vehicles

and engines, manufactured in the model year 1995 and thereafter,

shall be the first 2 years or 24,000 miles of use (whichever

first occurs), except as provided in paragraph (2). For purposes

of subsection (a)(1) of this section and subsection (b) of this

section, for other vehicles and engines the warranty period shall

be the period established by the Administrator by regulation

(promulgated prior to November 15, 1990) for such purposes unless

the Administrator subsequently modifies such regulation.

(2) Specified major emission control components

In the case of a specified major emission control component,

the warranty period for new light-duty trucks and new light-duty

vehicles and engines manufactured in the model year 1995 and

thereafter for purposes of subsection (a)(1) of this section and

subsection (b) of this section shall be 8 years or 80,000 miles

of use (whichever first occurs). As used in this paragraph, the

term "specified major emission control component" means only a

catalytic converter, an electronic emissions control unit, and an

onboard emissions diagnostic device, except that the

Administrator may designate any other pollution control device or

component as a specified major emission control component if -

(A) the device or component was not in general use on

vehicles and engines manufactured prior to the model year 1990;

and

(B) the Administrator determines that the retail cost

(exclusive of installation costs) of such device or component

exceeds $200 (in 1989 dollars), adjusted for inflation or

deflation as calculated by the Administrator at the time of

such determination.

For purposes of this paragraph, the term "onboard emissions

diagnostic device" means any device installed for the purpose of

storing or processing emissions related diagnostic information,

but not including any parts or other systems which it monitors

except specified major emissions control components. Nothing in

this chapter shall be construed to provide that any part (other

than a part referred to in the preceding sentence) shall be

required to be warranted under this chapter for the period of 8

years or 80,000 miles referred to in this paragraph.

(3) Instructions

Subparagraph (A) of subsection (b)(2) of this section shall

apply only where the Administrator has made a determination that

the instructions concerned conform to the requirements of

subsection (c)(3) of this section.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 207, as added Pub. L.

91-604, Sec. 8(a), Dec. 31, 1970, 84 Stat. 1696; amended Pub. L.

95-95, title II, Secs. 205, 208-210, 212, Aug. 7, 1977, 91 Stat.

754-756, 758; Pub. L. 95-190, Sec. 14(a)(70)-(72), Nov. 16, 1977,

91 Stat. 1403; Pub. L. 101-549, title II, Secs. 209, 210, 230(9),

Nov. 15, 1990, 104 Stat. 2484, 2485, 2529.)

-COD-

CODIFICATION

Section was formerly classified to section 1857f-5a of this

title.

-MISC1-

PRIOR PROVISIONS

A prior section 207 of act July 14, 1955, was renumbered section

208 by Pub. L. 91-604 and is classified to section 7542 of this

title.

AMENDMENTS

1990 - Subsec. (a)(1). Pub. L. 101-549, Sec. 209(4), inserted at

end "In the case of vehicles and engines manufactured in the model

year 1995 and thereafter such warranty shall require that the

vehicle or engine is free from any such defects for the warranty

period provided under subsection (i) of this section."

Subsec. (b). Pub. L. 101-549, Sec. 209(1), (2), substituted "the

warranty period (as determined under subsection (i) of this

section)" for "useful life (as determined under section 7521(d) of

this title)" in introductory provisions and par. (2)(B), and struck

out closing provisions which read as follows: "For purposes of the

warranty under this subsection, for the period after twenty-four

months or twenty-four thousand miles (whichever first occurs) the

term 'emission control device or system' means a catalytic

converter, thermal reactor, or other component installed on or in a

vehicle for the sole or primary purpose of reducing vehicle

emissions. Such term shall not include those vehicle components

which were in general use prior to model year 1968."

Subsec. (c)(4) to (6). Pub. L. 101-549, Sec. 210, added pars. (4)

to (6).

Subsec. (g). Pub. L. 101-549, Sec. 230(9), substituted "the last

sentence of subsection (a)(3) of this section)" for "the last three

sentences of subsection (a)(1) of this section".

Subsec. (i). Pub. L. 101-549, Sec. 209(3), added subsec. (i).

1977 - Subsec. (a). Pub. L. 95-190, Sec. 14(a)(70), designated

provisions contained in cl. (3) of subsec. (a), formerly set out as

containing cls. (1), (2), and (3), to be par. (3) of subsec. (a)

after the amendment by Pub. L. 95-95, Sec. 209(b), which designated

provisions of former subsec. (a) as par. (1) and former cls. (1)

and (2) as (A) and (B) of par. (1) and added a new par. (2).

Pub. L. 95-95, Sec. 205, added cl. (3).

Subsec. (b). Pub. L. 95-95, Sec. 209(a), (c), inserted provisions

to par. (2) that no warranty be held invalid on the basis of any

part used in the maintenance or repair of a vehicle or engine if

the part was certified as provided in subsec. (a)(2) of this

section, and, following par. (2), inserted provisions defining

"emission control device or system".

Subsec. (c)(3). Pub. L. 95-95, Sec. 208, designated existing

provisions as subpars. (A) and (C), added requirement for the bold

face printing of a required notice on the first page of the written

maintenance instructions in subpar. (A), and added subpar. (B).

Subsec. (f). Pub. L. 95-190, Sec. 14(a)(71), redesignated subsec.

(f) as added by Pub. L. 95-95, Sec. 212, as (h).

Subsec. (g). Pub. L. 95-95, Sec. 210, added subsec. (g).

Subsec. (h). Pub. L. 95-190, Sec. 14(a)(71), redesignated subsec.

(f) as added by Pub. L. 95-95, Sec. 212, as (h).

Subsec. (h)(2). Pub. L. 95-190, Sec. 14(a)(72), substituted

"determined under" for "determined and".

EFFECTIVE DATE OF 1990 AMENDMENT

Section 209 of Pub. L. 101-549 provided that the amendments made

by that section are effective with respect to new motor vehicles

and engines manufactured in model year 1995 and thereafter.

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.

EFFECTIVE DATE

Section not applicable to vehicles or engines imported into

United States before sixtieth day after Dec. 31, 1970, see section

8(b) of Pub. L. 91-604, set out as a note under section 7525 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 7511a, 7521, 7522, 7525,

7543, 7547, 7550, 7552, 7587, 7607 of this title.

-FOOTNOTE-

(!1) So in original. The word "its" probably should not appear.

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

(!3) So in original. The second closing parenthesis probably

should not appear.

-End-

-CITE-

42 USC Sec. 7542 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 A - Motor Vehicle Emission and Fuel Standards

-HEAD-

Sec. 7542. Information collection

-STATUTE-

(a) Manufacturer's responsibility

Every manufacturer of new motor vehicles or new motor vehicle

engines, and every manufacturer of new motor vehicle or engine

parts or components, and other persons subject to the requirements

of this part or part C of this subchapter, shall establish and

maintain records, perform tests where such testing is not otherwise

reasonably available under this part and part C of this subchapter

(including fees for testing), make reports and provide information

the Administrator may reasonably require to determine whether the

manufacturer or other person has acted or is acting in compliance

with this part and part C of this subchapter and regulations

thereunder, or to otherwise carry out the provision of this part

and part C of this subchapter, and shall, upon request of an

officer or employee duly designated by the Administrator, permit

such officer or employee at reasonable times to have access to and

copy such records.

(b) Enforcement authority

For the purposes of enforcement of this section, officers or

employees duly designated by the Administrator upon presenting

appropriate credentials are authorized -

(1) to enter, at reasonable times, any establishment of the

manufacturer, or of any person whom the manufacturer engages to

perform any activity required by subsection (a) of this section,

for the purposes of inspecting or observing any activity

conducted pursuant to subsection (a) of this section, and

(2) to inspect records, files, papers, processes, controls, and

facilities used in performing any activity required by subsection

(a) of this section, by such manufacturer or by any person whom

the manufacturer engages to perform any such activity.

Any records, reports, or information obtained under this part or

part C of this subchapter shall be available to the public, except

that upon a showing satisfactory to the Administrator by any person

that records, reports, or information, or a particular portion

thereof (other than emission data), to which the Administrator has

access under this section, if made public, would divulge methods or

processes entitled to protection as trade secrets of that person,

the Administrator shall consider the record, report, or information

or particular portion thereof confidential in accordance with the

purposes of section 1905 of title 18. Any authorized representative

of the Administrator shall be considered an employee of the United

States for purposes of section 1905 of title 18. Nothing in this

section shall prohibit the Administrator or authorized

representative of the Administrator from disclosing records,

reports or information to other officers, employees or authorized

representatives of the United States concerned with carrying out

this chapter or when relevant in any proceeding under this chapter.

Nothing in this section shall authorize the withholding of

information by the Administrator or any officer or employee under

the Administrator's control from the duly authorized committees of

the Congress.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 208, formerly Sec. 207, as

added Pub. L. 89-272, title I, Sec. 101(8), Oct. 20, 1965, 79 Stat.

994; amended Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 501;

renumbered and amended Pub. L. 91-604, Secs. 8(a), 10(a),

11(a)(2)(A), 15(c)(2), Dec. 31, 1970, 84 Stat. 1694, 1700, 1705,

1713; Pub. L. 101-549, title II, Sec. 211, Nov. 15, 1990, 104 Stat.

2487.)

-COD-

CODIFICATION

Section was formerly classified to section 1857f-6 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 208 of act July 14, 1955, as added Nov. 21, 1967,

Pub. L. 90-148, Sec. 2, 81 Stat. 501, was renumbered section 209 by

Pub. L. 91-604 and is classified to section 7543 of this title.

Another prior section 208 of act July 14, 1955, as added Oct. 20,

1965, Pub. L. 89-272, title I, Sec. 101(8), 79 Stat. 994, was

renumbered section 212 by Pub. L. 90-148, renumbered section 213 by

Pub. L. 91-604, renumbered 214 by Pub. L. 93-319, and renumbered

section 216 by Pub. L. 95-95, and is classified to section 7550 of

this title.

AMENDMENTS

1990 - Pub. L. 101-549 amended section generally, substituting

present provisions for provisions which related to: in subsec. (a),

manufacturer's responsibility; and in subsec. (b), availability to

public except for trade secrets.

1970 - Subsec. (a). Pub. L. 91-604, Secs. 11(a)(2)(A), 15(c)(2),

substituted "Administrator" for "Secretary" wherever appearing and

"part" for "subchapter".

Subsec. (b). Pub. L. 91-604, Secs. 10(a), 15(c)(2), substituted

provisions authorizing the Administrator to make available to the

public any records, reports, of information obtained under subsec.

(a) of this section, except those shown to the Administrator to be

entitled to protection as trade secrets, for provisions that all

information reported or otherwise obtained by the Secretary or his

representative pursuant to subsec. (a) of this section, which

information contains or relates to a trade secret or other matter

referred to in section 1905 of title 18, be considered confidential

for the purpose of such section 1905, and substituted

"Administrator" for "Secretary".

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7414, 7521, 7522, 7525,

7547, 7550, 7607 of this title.

-End-

-CITE-

42 USC Sec. 7543 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 A - Motor Vehicle Emission and Fuel Standards

-HEAD-

Sec. 7543. State standards

-STATUTE-

(a) Prohibition

No State or any political subdivision thereof shall adopt or

attempt to enforce any standard relating to the control of

emissions from new motor vehicles or new motor vehicle engines

subject to this part. No State shall require certification,

inspection, or any other approval relating to the control of

emissions from any new motor vehicle or new motor vehicle engine as

condition precedent to the initial retail sale, titling (if any),

or registration of such motor vehicle, motor vehicle engine, or

equipment.

(b) Waiver

(1) The Administrator shall, after notice and opportunity for

public hearing, waive application of this section to any State

which has adopted standards (other than crankcase emission

standards) for the control of emissions from new motor vehicles or

new motor vehicle engines prior to March 30, 1966, if the State

determines that the State standards will be, in the aggregate, at

least as protective of public health and welfare as applicable

Federal standards. No such waiver shall be granted if the

Administrator finds that -

(A) the determination of the State is arbitrary and capricious,

(B) such State does not need such State standards to meet

compelling and extraordinary conditions, or

procedures are not consistent with section 7521(a) of this title.

(2) If each State standard is at least as stringent as the

comparable applicable Federal standard, such State standard shall

be deemed to be at least as protective of health and welfare as

such Federal standards for purposes of paragraph (1).

(3) In the case of any new motor vehicle or new motor vehicle

engine to which State standards apply pursuant to a waiver granted

under paragraph (1), compliance with such State standards shall be

treated as compliance with applicable Federal standards for

purposes of this subchapter.

Whenever a regulation with respect to any motor vehicle part or

motor vehicle engine part is in effect under section 7541(a)(2) of

this title, no State or political subdivision thereof shall adopt

or attempt to enforce any standard or any requirement of

certification, inspection, or approval which relates to motor

vehicle emissions and is applicable to the same aspect of such

part. The preceding sentence shall not apply in the case of a State

with respect to which a waiver is in effect under subsection (b) of

this section.

(d) Control, regulation, or restrictions on registered or licensed

motor vehicles

Nothing in this part shall preclude or deny to any State or

political subdivision thereof the right otherwise to control,

regulate, or restrict the use, operation, or movement of registered

or licensed motor vehicles.

(e) Nonroad engines or vehicles

(1) Prohibition on certain State standards

No State or any political subdivision thereof shall adopt or

attempt to enforce any standard or other requirement relating to

the control of emissions from either of the following new nonroad

engines or nonroad vehicles subject to regulation under this

chapter -

(A) New engines which are used in construction equipment or

vehicles or used in farm equipment or vehicles and which are

smaller than 175 horsepower.

(B) New locomotives or new engines used in locomotives.

Subsection (b) of this section shall not apply for purposes of

this paragraph.

(2) Other nonroad engines or vehicles

(A) In the case of any nonroad vehicles or engines other than

those referred to in subparagraph (A) or (B) of paragraph (1),

the Administrator shall, after notice and opportunity for public

hearing, authorize California to adopt and enforce standards and

other requirements relating to the control of emissions from such

vehicles or engines if California determines that California

standards will be, in the aggregate, at least as protective of

public health and welfare as applicable Federal standards. No

such authorization shall be granted if the Administrator finds

that -

(i) the determination of California is arbitrary and

capricious,

(ii) California does not need such California standards to

meet compelling and extraordinary conditions, or

(iii) California standards and accompanying enforcement

procedures are not consistent with this section.

(B) Any State other than California which has plan provisions

approved under part D of subchapter I of this chapter may adopt

and enforce, after notice to the Administrator, for any period,

standards relating to control of emissions from nonroad vehicles

or engines (other than those referred to in subparagraph (A) or

(B) of paragraph (1)) and take such other actions as are referred

to in subparagraph (A) of this paragraph respecting such vehicles

or engines if -

(i) such standards and implementation and enforcement are

identical, for the period concerned, to the California

standards authorized by the Administrator under subparagraph

(A), and

(ii) California and such State adopt such standards at least

2 years before commencement of the period for which the

standards take effect.

The Administrator shall issue regulations to implement this

subsection.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 209, formerly Sec. 208, as

added Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 501;

renumbered and amended Pub. L. 91-604, Secs. 8(a), 11(a)(2)(A),

15(c)(2), Dec. 31, 1970, 84 Stat. 1694, 1705, 1713; Pub. L. 95-95,

title II, Secs. 207, 221, Aug. 7, 1977, 91 Stat. 755, 762; Pub. L.

101-549, title II, Sec. 222(b), Nov. 15, 1990, 104 Stat. 2502.)

-COD-

CODIFICATION

Section was formerly classified to section 1857f-6a of this

title.

-MISC1-

PRIOR PROVISIONS

A prior section 209 of act July 14, 1955, as added Nov. 21, 1967,

Pub. L. 90-148, Sec. 2, 81 Stat. 502, was renumbered section 210 by

Pub. L. 91-604 and is classified to section 7544 of this title.

Another prior section 209 of act July 14, 1955, ch. 360, title

II, as added Oct. 20, 1965, Pub. L. 89-272, title I, Sec. 101(8),

79 Stat. 995, related to appropriations for the fiscal years ending

June 30, 1966, 1967, 1968, and 1969, and was classified to section

1857f-8 of this title, prior to repeal by Pub. L. 89-675, Sec.

2(b), Oct. 15, 1966, 80 Stat. 954.

AMENDMENTS

1990 - Subsec. (e). Pub. L. 101-549 added subsec. (e).

1977 - Subsec. (b). Pub. L. 95-95, Sec. 207, designated existing

provisions as par. (1), substituted "March 30, 1966, if the State

determines that the State standards will be, in the aggregate, at

least as protective of public health and welfare as applicable

Federal standards" for "March 30, 1966, unless he finds that such

State does not require standards more stringent than applicable

Federal standards to meet compelling the extraordinary conditions

or that such State standards and accompanying enforcement

procedures are not consistent with section 7521(a) of this title",

added subpars. (A), (B), and (C), and added pars. (2) and (3).

Subsecs. (c), (d). Pub. L. 95-95, Sec. 221, added subsec. (c) and

redesignated former subsec. (c) as (d).

1970 - Subsec. (a). Pub. L. 91-604, Sec. 11(a)(2)(A), substituted

"part" for "subchapter".

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

"Administrator" for "Secretary".

Subsec. (c). Pub. L. 91-604, Sec. 11(a)(2)(A), substituted "part"

for "subchapter".

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7416, 7507, 7521, 7541,

7545, 7547, 7583, 7584 of this title.

-End-

-CITE-

42 USC Sec. 7544 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 A - Motor Vehicle Emission and Fuel Standards

-HEAD-

Sec. 7544. State grants

-STATUTE-

The Administrator is authorized to make grants to appropriate

State agencies in an amount up to two-thirds of the cost of

developing and maintaining effective vehicle emission devices and

systems inspection and emission testing and control programs,

except that -

(1) no such grant shall be made for any part of any State

vehicle inspection program which does not directly relate to the

cost of the air pollution control aspects of such a program;

(2) no such grant shall be made unless the Secretary of

Transportation has certified to the Administrator that such

program is consistent with any highway safety program developed

pursuant to section 402 of title 23; and

(3) no such grant shall be made unless the program includes

provisions designed to insure that emission control devices and

systems on vehicles in actual use have not been discontinued or

rendered inoperative.

Grants may be made under this section by way of reimbursement in

any case in which amounts have been expended by the State before

the date on which any such grant was made.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 210, formerly Sec. 209, as

added Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 502;

renumbered and amended Pub. L. 91-604, Secs. 8(a), 10(b), Dec. 31,

1970, 84 Stat. 1694, 1700; Pub. L. 95-95, title II, Sec. 204, Aug.

7, 1977, 91 Stat. 754.)

-COD-

CODIFICATION

Section was formerly classified to section 1857f-6b of this

title.

-MISC1-

PRIOR PROVISIONS

A prior section 210 of act July 14, 1955, was renumbered section

211 by Pub. L. 91-604 and is classified to section 7545 of this

title.

AMENDMENTS

1977 - Pub. L. 95-95 inserted provision allowing grants to be

made by way of reimbursement in any case in which amounts have been

expended by States before the date on which the grants were made.

1970 - Pub. L. 91-604, Sec. 10(b), substituted provisions

authorizing the Administrator to make grants to appropriate State

agencies for the development and maintenance of effective vehicle

emission devices and systems inspection and emission testing and

control programs, for provisions authorizing the Secretary to make

grants to appropriate State air pollution control agencies for the

development of meaningful uniform motor vehicle emission device

inspection and emission testing programs.

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.

-End-

-CITE-

42 USC Sec. 7545 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 A - Motor Vehicle Emission and Fuel Standards

-HEAD-

Sec. 7545. Regulation of fuels

-STATUTE-

(a) Authority of Administrator to regulate

The Administrator may by regulation designate any fuel or fuel

additive (including any fuel or fuel additive used exclusively in

nonroad engines or nonroad vehicles) and, after such date or dates

as may be prescribed by him, no manufacturer or processor of any

such fuel or additive may sell, offer for sale, or introduce into

commerce such fuel or additive unless the Administrator has

registered such fuel or additive in accordance with subsection (b)

of this section.

(b) Registration requirement

(1) For the purpose of registration of fuels and fuel additives,

the Administrator shall require -

(A) the manufacturer of any fuel to notify him as to the

commercial identifying name and manufacturer of any additive

contained in such fuel; the range of concentration of any

additive in the fuel; and the purpose-in-use of any such

additive; and

(B) the manufacturer of any additive to notify him as to the

chemical composition of such additive.

(2) For the purpose of registration of fuels and fuel additives,

the Administrator may also require the manufacturer of any fuel or

fuel additive -

(A) to conduct tests to determine potential public health

effects of such fuel or additive (including, but not limited to,

carcinogenic, teratogenic, or mutagenic effects), and

(B) to furnish the description of any analytical technique that

can be used to detect and measure any additive in such fuel, the

recommended range of concentration of such additive, and the

recommended purpose-in-use of such additive, and such other

information as is reasonable and necessary to determine the

emissions resulting from the use of the fuel or additive

contained in such fuel, the effect of such fuel or additive on

the emission control performance of any vehicle, vehicle engine,

nonroad engine or nonroad vehicle, or the extent to which such

emissions affect the public health or welfare.

Tests under subparagraph (A) shall be conducted in conformity with

test procedures and protocols established by the Administrator. The

result of such tests shall not be considered confidential.

(3) Upon compliance with the provision of this subsection,

including assurances that the Administrator will receive changes in

the information required, the Administrator shall register such

fuel or fuel additive.

(1) The Administrator may, from time to time on the basis of

information obtained under subsection (b) of this section or other

information available to him, by regulation, control or prohibit

the manufacture, introduction into commerce, offering for sale, or

sale of any fuel or fuel additive for use in a motor vehicle, motor

vehicle engine, or nonroad engine or nonroad vehicle (A) if in the

judgment of the Administrator any emission product of such fuel or

fuel additive causes, or contributes, to air pollution which may

reasonably be anticipated to endanger the public health or welfare,

or (B) if emission products of such fuel or fuel additive will

impair to a significant degree the performance of any emission

control device or system which is in general use, or which the

Administrator finds has been developed to a point where in a

reasonable time it would be in general use were such regulation to

be promulgated.

(2)(A) No fuel, class of fuels, or fuel additive may be

controlled or prohibited by the Administrator pursuant to clause

(A) of paragraph (1) except after consideration of all relevant

medical and scientific evidence available to him, including

consideration of other technologically or economically feasible

means of achieving emission standards under section 7521 of this

title.

(B) No fuel or fuel additive may be controlled or prohibited by

the Administrator pursuant to clause (B) of paragraph (1) except

after consideration of available scientific and economic data,

including a cost benefit analysis comparing emission control

devices or systems which are or will be in general use and require

the proposed control or prohibition with emission control devices

or systems which are or will be in general use and do not require

the proposed control or prohibition. On request of a manufacturer

of motor vehicles, motor vehicle engines, fuels, or fuel additives

submitted within 10 days of notice of proposed rulemaking, the

Administrator shall hold a public hearing and publish findings with

respect to any matter he is required to consider under this

subparagraph. Such findings shall be published at the time of

promulgation of final regulations.

Administrator under paragraph (1) unless he finds, and publishes

such finding, that in his judgment such prohibition will not cause

the use of any other fuel or fuel additive which will produce

emissions which will endanger the public health or welfare to the

same or greater degree than the use of the fuel or fuel additive

proposed to be prohibited.

(3)(A) For the purpose of obtaining evidence and data to carry

out paragraph (2), the Administrator may require the manufacturer

of any motor vehicle or motor vehicle engine to furnish any

information which has been developed concerning the emissions from

motor vehicles resulting from the use of any fuel or fuel additive,

or the effect of such use on the performance of any emission

control device or system.

(B) In obtaining information under subparagraph (A), section

7607(a) of this title (relating to subpenas) shall be applicable.

(4)(A) Except as otherwise provided in subparagraph (B) or (C),

no State (or political subdivision thereof) may prescribe or

attempt to enforce, for purposes of motor vehicle emission control,

any control or prohibition respecting any characteristic or

component of a fuel or fuel additive in a motor vehicle or motor

vehicle engine -

(i) if the Administrator has found that no control or

prohibition of the characteristic or component of a fuel or fuel

additive under paragraph (1) is necessary and has published his

finding in the Federal Register, or

(ii) if the Administrator has prescribed under paragraph (1) a

control or prohibition applicable to such characteristic or

component of a fuel or fuel additive, unless State prohibition or

control is identical to the prohibition or control prescribed by

the Administrator.

(B) Any State for which application of section 7543(a) of this

title has at any time been waived under section 7543(b) of this

title may at any time prescribe and enforce, for the purpose of

motor vehicle emission control, a control or prohibition respecting

any fuel or fuel additive.

vehicle emission control, a control or prohibition respecting the

use of a fuel or fuel additive in a motor vehicle or motor vehicle

engine if an applicable implementation plan for such State under

section 7410 of this title so provides. The Administrator may

approve such provision in an implementation plan, or promulgate an

implementation plan containing such a provision, only if he finds

that the State control or prohibition is necessary to achieve the

national primary or secondary ambient air quality standard which

the plan implements. The Administrator may find that a State

control or prohibition is necessary to achieve that standard if no

other measures that would bring about timely attainment exist, or

if other measures exist and are technically possible to implement,

but are unreasonable or impracticable. The Administrator may make a

finding of necessity under this subparagraph even if the plan for

the area does not contain an approved demonstration of timely

attainment.

(d) Penalties and injunctions

(1) Civil penalties

Any person who violates subsection (a), (f), (g), (k), (l),

(m), or (n) of this section or the regulations prescribed under

subsection (c), (h), (i), (k), (l), (m), or (n) of this section

or who fails to furnish any information or conduct any tests

required by the Administrator under subsection (b) of this

section shall be liable to the United States for a civil penalty

of not more than the sum of $25,000 for every day of such

violation and the amount of economic benefit or savings resulting

from the violation. Any violation with respect to a regulation

prescribed under subsection (c), (k), (l), or (m) of this section

which establishes a regulatory standard based upon a multiday

averaging period shall constitute a separate day of violation for

each and every day in the averaging period. Civil penalties shall

be assessed in accordance with subsections (b) and (c) of section

7524 of this title.

(2) Injunctive authority

The district courts of the United States shall have

jurisdiction to restrain violations of subsections (a), (f), (g),

(k), (l), (m), and (n) of this section and of the regulations

prescribed under subsections (c), (h), (i), (k), (l), (m), and

(n) of this section, to award other appropriate relief, and to

compel the furnishing of information and the conduct of tests

required by the Administrator under subsection (b) of this

section. Actions to restrain such violations and compel such

actions shall be brought by and in the name of the United States.

In any such action, subpoenas for witnesses who are required to

attend a district court in any district may run into any other

district.

(e) Testing of fuels and fuel additives

(1) Not later than one year after August 7, 1977, and after

notice and opportunity for a public hearing, the Administrator

shall promulgate regulations which implement the authority under

subsection (b)(2)(A) and (B) of this section with respect to each

fuel or fuel additive which is registered on the date of

promulgation of such regulations and with respect to each fuel or

fuel additive for which an application for registration is filed

thereafter.

(2) Regulations under subsection (b) of this section to carry out

this subsection shall require that the requisite information be

provided to the Administrator by each such manufacturer -

(A) prior to registration, in the case of any fuel or fuel

additive which is not registered on the date of promulgation of

such regulations; or

(B) not later than three years after the date of promulgation

of such regulations, in the case of any fuel or fuel additive

which is registered on such date.

(3) In promulgating such regulations, the Administrator may -

(A) exempt any small business (as defined in such regulations)

from or defer or modify the requirements of, such regulations

with respect to any such small business;

(B) provide for cost-sharing with respect to the testing of any

fuel or fuel additive which is manufactured or processed by two

or more persons or otherwise provide for shared responsibility to

meet the requirements of this section without duplication; or

particular fuel or fuel additive upon a finding that any

additional testing of such fuel or fuel additive would be

duplicative of adequate existing testing.

(f) New fuels and fuel additives

(1)(A) Effective upon March 31, 1977, it shall be unlawful for

any manufacturer of any fuel or fuel additive to first introduce

into commerce, or to increase the concentration in use of, any fuel

or fuel additive for general use in light duty motor vehicles

manufactured after model year 1974 which is not substantially

similar to any fuel or fuel additive utilized in the certification

of any model year 1975, or subsequent model year, vehicle or engine

under section 7525 of this title.

(B) Effective upon November 15, 1990, it shall be unlawful for

any manufacturer of any fuel or fuel additive to first introduce

into commerce, or to increase the concentration in use of, any fuel

or fuel additive for use by any person in motor vehicles

manufactured after model year 1974 which is not substantially

similar to any fuel or fuel additive utilized in the certification

of any model year 1975, or subsequent model year, vehicle or engine

under section 7525 of this title.

(2) Effective November 30, 1977, it shall be unlawful for any

manufacturer of any fuel to introduce into commerce any gasoline

which contains a concentration of manganese in excess of .0625

grams per gallon of fuel, except as otherwise provided pursuant to

a waiver under paragraph (4).

(3) Any manufacturer of any fuel or fuel additive which prior to

March 31, 1977, and after January 1, 1974, first introduced into

commerce or increased the concentration in use of a fuel or fuel

additive that would otherwise have been prohibited under paragraph

(1)(A) if introduced on or after March 31, 1977 shall, not later

than September 15, 1978, cease to distribute such fuel or fuel

additive in commerce. During the period beginning 180 days after

August 7, 1977, and before September 15, 1978, the Administrator

shall prohibit, or restrict the concentration of any fuel additive

which he determines will cause or contribute to the failure of an

emission control device or system (over the useful life of any

vehicle in which such device or system is used) to achieve

compliance by the vehicle with the emission standards with respect

to which it has been certified under section 7525 of this title.

(4) The Administrator, upon application of any manufacturer of

any fuel or fuel additive, may waive the prohibitions established

under paragraph (1) or (3) of this subsection or the limitation

specified in paragraph (2) of this subsection, if he determines

that the applicant has established that such fuel or fuel additive

or a specified concentration thereof, and the emission products of

such fuel or additive or specified concentration thereof, will not

cause or contribute to a failure of any emission control device or

system (over the useful life of any vehicle in which such device or

system is used) to achieve compliance by the vehicle with the

emission standards with respect to which it has been certified

pursuant to section 7525 of this title. If the Administrator has

not acted to grant or deny an application under this paragraph

within one hundred and eighty days of receipt of such application,

the waiver authorized by this paragraph shall be treated as

granted.

(5) No action of the Administrator under this section may be

stayed by any court pending judicial review of such action.

(g) Misfueling

(1) No person shall introduce, or cause or allow the introduction

of, leaded gasoline into any motor vehicle which is labeled

"unleaded gasoline only," which is equipped with a gasoline tank

filler inlet designed for the introduction of unleaded gasoline,

which is a 1990 or later model year motor vehicle, or which such

person knows or should know is a vehicle designed solely for the

use of unleaded gasoline.

(2) Beginning October 1, 1993, no person shall introduce or cause

or allow the introduction into any motor vehicle of diesel fuel

which such person knows or should know contains a concentration of

sulfur in excess of 0.05 percent (by weight) or which fails to meet

a cetane index minimum of 40 or such equivalent alternative

aromatic level as prescribed by the Administrator under subsection

(i)(2) of this section.

(h) Reid Vapor Pressure requirements

(1) Prohibition

Not later than 6 months after November 15, 1990, the

Administrator shall promulgate regulations making it unlawful for

any person during the high ozone season (as defined by the

Administrator) to sell, offer for sale, dispense, supply, offer

for supply, transport, or introduce into commerce gasoline with a

Reid Vapor Pressure in excess of 9.0 pounds per square inch

(psi). Such regulations shall also establish more stringent Reid

Vapor Pressure standards in a nonattainment area as the

Administrator finds necessary to generally achieve comparable

evaporative emissions (on a per-vehicle basis) in nonattainment

areas, taking into consideration the enforceability of such

standards, the need of an area for emission control, and economic

factors.

(2) Attainment areas

The regulations under this subsection shall not make it

unlawful for any person to sell, offer for supply, transport, or

introduce into commerce gasoline with a Reid Vapor Pressure of

9.0 pounds per square inch (psi) or lower in any area designated

under section 7407 of this title as an attainment area.

Notwithstanding the preceding sentence, the Administrator may

impose a Reid vapor pressure requirement lower than 9.0 pounds

per square inch (psi) in any area, formerly an ozone

nonattainment area, which has been redesignated as an attainment

area.

(3) Effective date; enforcement

The regulations under this subsection shall provide that the

requirements of this subsection shall take effect not later than

the high ozone season for 1992, and shall include such provisions

as the Administrator determines are necessary to implement and

enforce the requirements of this subsection.

(4) Ethanol waiver

For fuel blends containing gasoline and 10 percent denatured

anhydrous ethanol, the Reid vapor pressure limitation under this

subsection shall be one pound per square inch (psi) greater than

the applicable Reid vapor pressure limitations established under

paragraph (1); Provided, however, That a distributor, blender,

marketer, reseller, carrier, retailer, or wholesale

purchaser-consumer shall be deemed to be in full compliance with

the provisions of this subsection and the regulations promulgated

thereunder if it can demonstrate (by showing receipt of a

certification or other evidence acceptable to the Administrator)

that -

(A) the gasoline portion of the blend complies with the Reid

vapor pressure limitations promulgated pursuant to this

subsection;

(B) the ethanol portion of the blend does not exceed its

waiver condition under subsection (f)(4) of this section; and

increase the Reid Vapor Pressure of the ethanol portion of the

blend.

(5) Areas covered

The provisions of this subsection shall apply only to the 48

contiguous States and the District of Columbia.

(i) Sulfur content requirements for diesel fuel

(1) Effective October 1, 1993, no person shall manufacture, sell,

supply, offer for sale or supply, dispense, transport, or introduce

into commerce motor vehicle diesel fuel which contains a

concentration of sulfur in excess of 0.05 percent (by weight) or

which fails to meet a cetane index minimum of 40.

(2) Not later than 12 months after November 15, 1990, the

Administrator shall promulgate regulations to implement and enforce

the requirements of paragraph (1). The Administrator may require

manufacturers and importers of diesel fuel not intended for use in

motor vehicles to dye such fuel in a particular manner in order to

segregate it from motor vehicle diesel fuel. The Administrator may

establish an equivalent alternative aromatic level to the cetane

index specification in paragraph (1).

(3) The sulfur content of fuel required to be used in the

certification of 1991 through 1993 model year heavy-duty diesel

vehicles and engines shall be 0.10 percent (by weight). The sulfur

content and cetane index minimum of fuel required to be used in the

certification of 1994 and later model year heavy-duty diesel

vehicles and engines shall comply with the regulations promulgated

under paragraph (2).

(4) The States of Alaska and Hawaii may be exempted from the

requirements of this subsection in the same manner as provided in

section 7625 (!1) of this title. The Administrator shall take final

action on any petition filed under section 7625 (!1) of this title

or this paragraph for an exemption from the requirements of this

subsection, within 12 months from the date of the petition.

(j) Lead substitute gasoline additives

(1) After November 15, 1990, any person proposing to register any

gasoline additive under subsection (a) of this section or to use

any previously registered additive as a lead substitute may also

elect to register the additive as a lead substitute gasoline

additive for reducing valve seat wear by providing the

Administrator with such relevant information regarding product

identity and composition as the Administrator deems necessary for

carrying out the responsibilities of paragraph (2) of this

subsection (in addition to other information which may be required

under subsection (b) of this section).

(2) In addition to the other testing which may be required under

subsection (b) of this section, in the case of the lead substitute

gasoline additives referred to in paragraph (1), the Administrator

shall develop and publish a test procedure to determine the

additives' effectiveness in reducing valve seat wear and the

additives' tendencies to produce engine deposits and other adverse

side effects. The test procedures shall be developed in cooperation

with the Secretary of Agriculture and with the input of additive

manufacturers, engine and engine components manufacturers, and

other interested persons. The Administrator shall enter into

arrangements with an independent laboratory to conduct tests of

each additive using the test procedures developed and published

pursuant to this paragraph. The Administrator shall publish the

results of the tests by company and additive name in the Federal

applying the same test procedures to gasoline containing 0.1 gram

of lead per gallon in lieu of the lead substitute gasoline

additive. The Administrator shall not rank or otherwise rate the

lead substitute additives. Test procedures shall be established

within 1 year after November 15, 1990. Additives shall be tested

within 18 months of November 15, 1990, or 6 months after the lead

substitute additives are identified to the Administrator, whichever

is later.

(3) The Administrator may impose a user fee to recover the costs

of testing of any fuel additive referred to in this subsection. The

fee shall be paid by the person proposing to register the fuel

additive concerned. Such fee shall not exceed $20,000 for a single

fuel additive.

(4) There are authorized to be appropriated to the Administrator

not more than $1,000,000 for the second full fiscal year after

November 15, 1990, to establish test procedures and conduct engine

tests as provided in this subsection. Not more than $500,000 per

year is authorized to be appropriated for each of the 5 subsequent

fiscal years.

(5) Any fees collected under this subsection shall be deposited

in a special fund in the United States Treasury for licensing and

other services which thereafter shall be available for

appropriation, to remain available until expended, to carry out the

Agency's activities for which the fees were collected.

(k) Reformulated gasoline for conventional vehicles

(1) EPA regulations

Within 1 year after November 15, 1990, the Administrator shall

promulgate regulations under this section establishing

requirements for reformulated gasoline to be used in

gasoline-fueled vehicles in specified nonattainment areas. Such

regulations shall require the greatest reduction in emissions of

ozone forming volatile organic compounds (during the high ozone

season) and emissions of toxic air pollutants (during the entire

year) achievable through the reformulation of conventional

gasoline, taking into consideration the cost of achieving such

emission reductions, any nonair-quality and other air-quality

related health and environmental impacts and energy requirements.

(2) General requirements

The regulations referred to in paragraph (1) shall require that

reformulated gasoline comply with paragraph (3) and with each of

the following requirements (subject to paragraph (7)):

(A) NOG5x emissions

The emissions of oxides of nitrogen (NOG5x) from baseline

vehicles when using the reformulated gasoline shall be no

greater than the level of such emissions from such vehicles

when using baseline gasoline. If the Administrator determines

that compliance with the limitation on emissions of oxides of

nitrogen under the preceding sentence is technically

infeasible, considering the other requirements applicable under

this subsection to such gasoline, the Administrator may, as

appropriate to ensure compliance with this subparagraph, adjust

(or waive entirely), any other requirements of this paragraph

(including the oxygen content requirement contained in

subparagraph (B)) or any requirements applicable under

paragraph (3)(A).

(B) Oxygen content

The oxygen content of the gasoline shall equal or exceed 2.0

percent by weight (subject to a testing tolerance established

by the Administrator) except as otherwise required by this

chapter. The Administrator may waive, in whole or in part, the

application of this subparagraph for any ozone nonattainment

area upon a determination by the Administrator that compliance

with such requirement would prevent or interfere with the

attainment by the area of a national primary ambient air

quality standard.

The benzene content of the gasoline shall not exceed 1.0

percent by volume.

(D) Heavy metals

The gasoline shall have no heavy metals, including lead or

manganese. The Administrator may waive the prohibition

contained in this subparagraph for a heavy metal (other than

lead) if the Administrator determines that addition of the

heavy metal to the gasoline will not increase, on an aggregate

mass or cancer-risk basis, toxic air pollutant emissions from

motor vehicles.

(3) More stringent of formula or performance standards

The regulations referred to in paragraph (1) shall require

compliance with the more stringent of either the requirements set

forth in subparagraph (A) or the requirements of subparagraph (B)

of this paragraph. For purposes of determining the more stringent

provision, clause (i) and clause (ii) of subparagraph (B) shall

be considered independently.

(A) Formula

(i) Benzene

The benzene content of the reformulated gasoline shall not

exceed 1.0 percent by volume.

(ii) Aromatics

The aromatic hydrocarbon content of the reformulated

gasoline shall not exceed 25 percent by volume.

(iii) Lead

The reformulated gasoline shall have no lead content.

(iv) Detergents

The reformulated gasoline shall contain additives to

prevent the accumulation of deposits in engines or vehicle

fuel supply systems.

(v) Oxygen content

The oxygen content of the reformulated gasoline shall equal

or exceed 2.0 percent by weight (subject to a testing

tolerance established by the Administrator) except as

otherwise required by this chapter.

(B) Performance standard

(i) VOC emissions

During the high ozone season (as defined by the

Administrator), the aggregate emissions of ozone forming

volatile organic compounds from baseline vehicles when using

the reformulated gasoline shall be 15 percent below the

aggregate emissions of ozone forming volatile organic

compounds from such vehicles when using baseline gasoline.

Effective in calendar year 2000 and thereafter, 25 percent

shall be substituted for 15 percent in applying this clause,

except that the Administrator may adjust such 25 percent

requirement to provide for a lesser or greater reduction

based on technological feasibility, considering the cost of

achieving such reductions in VOC emissions. No such

adjustment shall provide for less than a 20 percent reduction

below the aggregate emissions of such air pollutants from

such vehicles when using baseline gasoline. The reductions

required under this clause shall be on a mass basis.

(ii) Toxics

During the entire year, the aggregate emissions of toxic

air pollutants from baseline vehicles when using the

reformulated gasoline shall be 15 percent below the aggregate

emissions of toxic air pollutants from such vehicles when

using baseline gasoline. Effective in calendar year 2000 and

thereafter, 25 percent shall be substituted for 15 percent in

applying this clause, except that the Administrator may

adjust such 25 percent requirement to provide for a lesser or

greater reduction based on technological feasibility,

considering the cost of achieving such reductions in toxic

air pollutants. No such adjustment shall provide for less

than a 20 percent reduction below the aggregate emissions of

such air pollutants from such vehicles when using baseline

gasoline. The reductions required under this clause shall be

on a mass basis.

Any reduction greater than a specific percentage reduction

required under this subparagraph shall be treated as satisfying

such percentage reduction requirement.

(4) Certification procedures

(A) Regulations

The regulations under this subsection shall include

procedures under which the Administrator shall certify

reformulated gasoline as complying with the requirements

established pursuant to this subsection. Under such

regulations, the Administrator shall establish procedures for

any person to petition the Administrator to certify a fuel

formulation, or slate of fuel formulations. Such procedures

shall further require that the Administrator shall approve or

deny such petition within 180 days of receipt. If the

Administrator fails to act within such 180-day period, the fuel

shall be deemed certified until the Administrator completes

action on the petition.

(B) Certification; equivalency

The Administrator shall certify a fuel formulation or slate

of fuel formulations as complying with this subsection if such

fuel or fuels -

(i) comply with the requirements of paragraph (2), and

(ii) achieve equivalent or greater reductions in emissions

of ozone forming volatile organic compounds and emissions of

toxic air pollutants than are achieved by a reformulated

gasoline meeting the applicable requirements of paragraph

(3).

Within 1 year after November 15, 1990, the Administrator

shall determine the level of emissions of ozone forming

volatile organic compounds and emissions of toxic air

pollutants emitted by baseline vehicles when operating on

baseline gasoline. For purposes of this subsection, within 1

year after November 15, 1990, the Administrator shall, by rule,

determine appropriate measures of, and methodology for,

ascertaining the emissions of air pollutants (including

calculations, equipment, and testing tolerances).

(5) Prohibition

Effective beginning January 1, 1995, each of the following

shall be a violation of this subsection:

(A) The sale or dispensing by any person of conventional

gasoline to ultimate consumers in any covered area.

(B) The sale or dispensing by any refiner, blender, importer,

or marketer of conventional gasoline for resale in any covered

area, without (i) segregating such gasoline from reformulated

gasoline, and (ii) clearly marking such conventional gasoline

as "conventional gasoline, not for sale to ultimate consumer in

a covered area".

Any refiner, blender, importer or marketer who purchases property

segregated and marked conventional gasoline, and thereafter

labels, represents, or wholesales such gasoline as reformulated

gasoline shall also be in violation of this subsection. The

Administrator may impose sampling, testing, and recordkeeping

requirements upon any refiner, blender, importer, or marketer to

prevent violations of this section.

(6) Opt-in areas

(A) Upon the application of the Governor of a State, the

Administrator shall apply the prohibition set forth in paragraph

(5) in any area in the State classified under subpart 2 of part D

of subchapter I of this chapter as a Marginal, Moderate, Serious,

or Severe Area (without regard to whether or not the 1980

population of the area exceeds 250,000). In any such case, the

Administrator shall establish an effective date for such

prohibition as he deems appropriate, not later than January 1,

1995, or 1 year after such application is received, whichever is

later. The Administrator shall publish such application in the

Federal Register upon receipt.

(B) If the Administrator determines, on the Administrator's own

motion or on petition of any person, after consultation with the

Secretary of Energy, that there is insufficient domestic capacity

to produce gasoline certified under this subsection, the

Administrator shall, by rule, extend the effective date of such

prohibition in Marginal, Moderate, Serious, or Severe Areas

referred to in subparagraph (A) for one additional year, and may,

by rule, renew such extension for 2 additional one-year periods.

The Administrator shall act on any petition submitted under this

paragraph within 6 months after receipt of the petition. The

Administrator shall issue such extensions for areas with a lower

ozone classification before issuing any such extension for areas

with a higher classification.

(7) Credits

(A) The regulations promulgated under this subsection shall

provide for the granting of an appropriate amount of credits to a

person who refines, blends, or imports and certifies a gasoline

or slate of gasoline that -

(i) has an oxygen content (by weight) that exceeds the

minimum oxygen content specified in paragraph (2);

(ii) has an aromatic hydrocarbon content (by volume) that is

less than the maximum aromatic hydrocarbon content required to

comply with paragraph (3); or

(iii) has a benzene content (by volume) that is less than the

maximum benzene content specified in paragraph (2).

(B) The regulations described in subparagraph (A) shall also

provide that a person who is granted credits may use such

credits, or transfer all or a portion of such credits to another

person for use within the same nonattainment area, for the

purpose of complying with this subsection.

shall ensure the enforcement of the requirements for the

issuance, application, and transfer of the credits. Such

regulations shall prohibit the granting or transfer of such

credits for use with respect to any gasoline in a nonattainment

area, to the extent the use of such credits would result in any

of the following:

(i) An average gasoline aromatic hydrocarbon content (by

volume) for the nonattainment (taking into account all gasoline

sold for use in conventional gasoline-fueled vehicles in the

nonattainment area) higher than the average fuel aromatic

hydrocarbon content (by volume) that would occur in the absence

of using any such credits.

(ii) An average gasoline oxygen content (by weight) for the

nonattainment area (taking into account all gasoline sold for

use in conventional gasoline-fueled vehicles in the

nonattainment area) lower than the average gasoline oxygen

content (by weight) that would occur in the absence of using

any such credits.

(iii) An average benzene content (by volume) for the

nonattainment area (taking into account all gasoline sold for

use in conventional gasoline-fueled vehicles in the

nonattainment area) higher than the average benzene content (by

volume) that would occur in the absence of using any such

credits.

(8) Anti-dumping rules

(A) In general

Within 1 year after November 15, 1990, the Administrator

shall promulgate regulations applicable to each refiner,

blender, or importer of gasoline ensuring that gasoline sold or

introduced into commerce by such refiner, blender, or importer

(other than reformulated gasoline subject to the requirements

of paragraph (1)) does not result in average per gallon

emissions (measured on a mass basis) of (i) volatile organic

compounds, (ii) oxides of nitrogen, (iii) carbon monoxide, and

(iv) toxic air pollutants in excess of such emissions of such

pollutants attributable to gasoline sold or introduced into

commerce in calendar year 1990 by that refiner, blender, or

importer. Such regulations shall take effect beginning January

1, 1995.

(B) Adjustments

In evaluating compliance with the requirements of

subparagraph (A), the Administrator shall make appropriate

adjustments to insure that no credit is provided for

improvement in motor vehicle emissions control in motor

vehicles sold after the calendar year 1990.

In determining whether there is an increase in emissions in

violation of the prohibition contained in subparagraph (A) the

Administrator shall consider an increase in each air pollutant

referred to in clauses (i) through (iv) as a separate violation

of such prohibition, except that the Administrator shall

promulgate regulations to provide that any increase in

emissions of oxides of nitrogen resulting from adding

oxygenates to gasoline may be offset by an equivalent or

greater reduction (on a mass basis) in emissions of volatile

organic compounds, carbon monoxide, or toxic air pollutants, or

any combination of the foregoing.

(D) Compliance period

The Administrator shall promulgate an appropriate compliance

period or appropriate compliance periods to be used for

assessing compliance with the prohibition contained in

subparagraph (A).

(E) Baseline for determining compliance

If the Administrator determines that no adequate and reliable

data exists regarding the composition of gasoline sold or

introduced into commerce by a refiner, blender, or importer in

calendar year 1990, for such refiner, blender, or importer,

baseline gasoline shall be substituted for such 1990 gasoline

in determining compliance with subparagraph (A).

(9) Emissions from entire vehicle

In applying the requirements of this subsection, the

Administrator shall take into account emissions from the entire

motor vehicle, including evaporative, running, refueling, and

exhaust emissions.

(10) Definitions

For purposes of this subsection -

(A) Baseline vehicles

The term "baseline vehicles" mean representative model year

1990 vehicles.

(B) Baseline gasoline

(i) Summertime

The term "baseline gasoline" means in the case of gasoline

sold during the high ozone period (as defined by the

Administrator) a gasoline which meets the following

specifications:

BASELINE GASOLINE FUEL

PROPERTIES

API Gravity 57.4

Sulfur, ppm 339

Benzene, % 1.53

RVP, psi 8.7

Octane, R+M/2 87.3

IBP, F 91

10%, F 128

50%, F 218

90%, F 330

End Point, F 415

Aromatics, % 32.0

Olefins, % 9.2

Saturates, % 58.8

(ii) Wintertime

The Administrator shall establish the specifications of

"baseline gasoline" for gasoline sold at times other than the

high ozone period (as defined by the Administrator). Such

specifications shall be the specifications of 1990 industry

average gasoline sold during such period.

The term "toxic air pollutants" means the aggregate emissions

of the following:

Benzene

1,3 Butadiene

Polycyclic organic matter (POM)

Acetaldehyde

Formaldehyde.

(D) Covered area

The 9 ozone nonattainment areas having a 1980 population in

excess of 250,000 and having the highest ozone design value

during the period 1987 through 1989 shall be "covered areas"

for purposes of this subsection. Effective one year after the

reclassification of any ozone nonattainment area as a Severe

ozone nonattainment area under section 7511(b) of this title,

such Severe area shall also be a "covered area" for purposes of

this subsection.

(E) Reformulated gasoline

The term "reformulated gasoline" means any gasoline which is

certified by the Administrator under this section as complying

with this subsection.

(F) Conventional gasoline

The term "conventional gasoline" means any gasoline which

does not meet specifications set by a certification under this

subsection.

(l) Detergents

Effective beginning January 1, 1995, no person may sell or

dispense to an ultimate consumer in the United States, and no

refiner or marketer may directly or indirectly sell or dispense to

persons who sell or dispense to ultimate consumers in the United

States any gasoline which does not contain additives to prevent the

accumulation of deposits in engines or fuel supply systems. Not

later than 2 years after November 15, 1990, the Administrator shall

promulgate a rule establishing specifications for such additives.

(m) Oxygenated fuels

(1) Plan revisions for CO nonattainment areas

(A) Each State in which there is located all or part of an area

which is designated under subchapter I of this chapter as a

nonattainment area for carbon monoxide and which has a carbon

monoxide design value of 9.5 parts per million (ppm) or above

based on data for the 2-year period of 1988 and 1989 and

calculated according to the most recent interpretation

methodology issued by the Administrator prior to November 15,

1990, shall submit to the Administrator a State implementation

plan revision under section 7410 of this title and part D of

subchapter I of this chapter for such area which shall contain

the provisions specified under this subsection regarding

oxygenated gasoline.

(B) A plan revision which contains such provisions shall also

be submitted by each State in which there is located any area

which, for any 2-year period after 1989 has a carbon monoxide

design value of 9.5 ppm or above. The revision shall be submitted

within 18 months after such 2-year period.

(2) Oxygenated gasoline in CO nonattainment areas

Each plan revision under this subsection shall contain

provisions to require that any gasoline sold, or dispensed, to

the ultimate consumer in the carbon monoxide nonattainment area

or sold or dispensed directly or indirectly by fuel refiners or

marketers to persons who sell or dispense to ultimate consumers,

in the larger of -

(A) the Consolidated Metropolitan Statistical Area (CMSA) in

which the area is located, or

(B) if the area is not located in a CMSA, the Metropolitan

Statistical Area in which the area is located,

be blended, during the portion of the year in which the area is

prone to high ambient concentrations of carbon monoxide to

contain not less than 2.7 percent oxygen by weight (subject to a

testing tolerance established by the Administrator). The portion

of the year in which the area is prone to high ambient

concentrations of carbon monoxide shall be as determined by the

Administrator, but shall not be less than 4 months. At the

request of a State with respect to any area designated as

nonattainment for carbon monoxide, the Administrator may reduce

the period specified in the preceding sentence if the State can

demonstrate that because of meteorological conditions, a reduced

period will assure that there will be no exceedances of the

carbon monoxide standard outside of such reduced period. For

areas with a carbon monoxide design value of 9.5 ppm or more of

(!2) November 15, 1990, the revision shall provide that such

requirement shall take effect no later than November 1, 1992 (or

at such other date during 1992 as the Administrator establishes

under the preceding provisions of this paragraph). For other

areas, the revision shall provide that such requirement shall

take effect no later than November 1 of the third year after the

last year of the applicable 2-year period referred to in

paragraph (1) (or at such other date during such third year as

the Administrator establishes under the preceding provisions of

this paragraph) and shall include a program for implementation

and enforcement of the requirement consistent with guidance to be

issued by the Administrator.

(3) Waivers

(A) The Administrator shall waive, in whole or in part, the

requirements of paragraph (2) upon a demonstration by the State

to the satisfaction of the Administrator that the use of

oxygenated gasoline would prevent or interfere with the

attainment by the area of a national primary ambient air quality

standard (or a State or local ambient air quality standard) for

any air pollutant other than carbon monoxide.

(B) The Administrator shall, upon demonstration by the State

satisfactory to the Administrator, waive the requirement of

paragraph (2) where the Administrator determines that mobile

sources of carbon monoxide do not contribute significantly to

carbon monoxide levels in an area.

(C)(i) Any person may petition the Administrator to make a

finding that there is, or is likely to be, for any area, an

inadequate domestic supply of, or distribution capacity for,

oxygenated gasoline meeting the requirements of paragraph (2) or

fuel additives (oxygenates) necessary to meet such requirements.

The Administrator shall act on such petition within 6 months

after receipt of the petition.

(ii) If the Administrator determines, in response to a petition

under clause (i), that there is an inadequate supply or capacity

described in clause (i), the Administrator shall delay the

effective date of paragraph (2) for 1 year. Upon petition, the

Administrator may extend such effective date for one additional

year. No partial delay or lesser waiver may be granted under this

clause.

(iii) In granting waivers under this subparagraph the

Administrator shall consider distribution capacity separately

from the adequacy of domestic supply and shall grant such waivers

in such manner as will assure that, if supplies of oxygenated

gasoline are limited, areas having the highest design value for

carbon monoxide will have a priority in obtaining oxygenated

gasoline which meets the requirements of paragraph (2).

(iv) As used in this subparagraph, the term distribution

capacity includes capacity for transportation, storage, and

blending.

(4) Fuel dispensing systems

Any person selling oxygenated gasoline at retail pursuant to

this subsection shall be required under regulations promulgated

by the Administrator to label the fuel dispensing system with a

notice that the gasoline is oxygenated and will reduce the carbon

monoxide emissions from the motor vehicle.

(5) Guidelines for credit

The Administrator shall promulgate guidelines, within 9 months

after November 15, 1990, allowing the use of marketable oxygen

credits from gasolines during that portion of the year specified

in paragraph (2) with higher oxygen content than required to

offset the sale or use of gasoline with a lower oxygen content

than required. No credits may be transferred between

nonattainment areas.

(6) Attainment areas

Nothing in this subsection shall be interpreted as requiring an

oxygenated gasoline program in an area which is in attainment for

carbon monoxide, except that in a carbon monoxide nonattainment

area which is redesignated as attainment for carbon monoxide, the

requirements of this subsection shall remain in effect to the

extent such program is necessary to maintain such standard

thereafter in the area.

(7) Failure to attain CO standard

If the Administrator determines under section 7512(b)(2) of

this title that the national primary ambient air quality standard

for carbon monoxide has not been attained in a Serious Area by

the applicable attainment date, the State shall submit a plan

revision for the area within 9 months after the date of such

determination. The plan revision shall provide that the minimum

oxygen content of gasoline referred to in paragraph (2) shall be

3.1 percent by weight unless such requirement is waived in

accordance with the provisions of this subsection.

(n) Prohibition on leaded gasoline for highway use

After December 31, 1995, it shall be unlawful for any person to

sell, offer for sale, supply, offer for supply, dispense,

transport, or introduce into commerce, for use as fuel in any motor

vehicle (as defined in section 7554(2) (!3) of this title) any

gasoline which contains lead or lead additives.

(o) Fuel and fuel additive importers and importation

For the purposes of this section, the term "manufacturer"

includes an importer and the term "manufacture" includes

importation.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 211, formerly Sec. 210, as

added Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 502;

renumbered and amended Pub. L. 91-604, Secs. 8(a), 9(a), Dec. 31,

1970, 84 Stat. 1694, 1698; Pub. L. 92-157, title III, Sec. 302(d),

(e), Nov. 18, 1971, 85 Stat. 464; Pub. L. 95-95, title II, Secs.

222, 223, title IV, Sec. 401(e), Aug. 7, 1977, 91 Stat. 762, 764,

791; Pub. L. 95-190, Sec. 14(a)(73), (74), Nov. 16, 1977, 91 Stat.

1403, 1404; Pub. L. 101-549, title II, Secs. 212-221, 228(d), Nov.

15, 1990, 104 Stat. 2488-2500, 2510.)

-COD-

CODIFICATION

Section was formerly classified to section 1857f-6c of this

title.

-MISC1-

PRIOR PROVISIONS

A prior section 211 of act July 14, 1955, as added Nov. 21, 1967,

Pub. L. 90-148, Sec. 2, 81 Stat. 503, provided for a national

emissions standards study and was classified to section 1857f-6d of

this title, prior to repeal by section 8(a) of Pub. L. 91-604.

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-549, Sec. 212, inserted

"(including any fuel or fuel additive used exclusively in nonroad

engines or nonroad vehicles)" after "fuel or fuel additive".

Subsecs. (b)(2)(B), (c)(1). Pub. L. 101-549, Sec. 212(b), (c),

inserted reference to nonroad engine or nonroad vehicle.

Subsec. (c)(4)(A). Pub. L. 101-549, Sec. 213(a), substituted "any

characteristic or component of a" for "use of a", inserted "of the

characteristic or component of a fuel or fuel additive" after

"control or prohibition" in cl. (i), and inserted "characteristic

or component of a" after "such" in cl. (ii).

Subsec. (c)(4)(C). Pub. L. 101-549, Sec. 213(b), inserted last

two sentences, authorizing Administrator to make a finding that

State control or prohibition is necessary to achieve the standard.

Subsec. (d). Pub. L. 101-549, Sec. 228(d), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: "Any

person who violates subsection (a) or (f) of this section or the

regulations prescribed under subsection (c) of this section or who

fails to furnish any information required by the Administrator

under subsection (b) of this section shall forfeit and pay to the

United States a civil penalty of $10,000 for each and every day of

the continuance of such violation, which shall accrue to the United

States and be recovered in a civil suit in the name of the United

States, brought in the district where such person has his principal

office or in any district in which he does business. The

Administrator may, upon application therefor, remit or mitigate any

forfeiture provided for in this subsection and he shall have

authority to determine the facts upon all such applications."

Subsec. (f)(1). Pub. L. 101-549, Sec. 214(a), designated existing

provisions as subpar. (A) and added subpar. (B).

Subsec. (f)(3). Pub. L. 101-549, Sec. 214(b), substituted

reference to paragraph (1)(A) for reference to paragraph (1).

Subsec. (g). Pub. L. 101-549, Sec. 215, amended subsec. (g)

generally, substituting present provisions for provisions which

defined "gasoline", "refinery", and "small refinery" and which

limited Administrator's authority to require small refineries to

reduce average lead content per gallon of gasoline.

Subsec. (h). Pub. L. 101-549, Sec. 216, added subsec. (h).

Subsec. (i). Pub. L. 101-549, Sec. 217, added subsec. (i).

Subsec. (j). Pub. L. 101-549, Sec. 218(a), added subsec. (j).

Subsecs. (k) to (m). Pub. L. 101-549, Sec. 219, added subsecs.

(k) to (m).

Subsec. (n). Pub. L. 101-549, Sec. 220, added subsec. (n).

Subsec. (o). Pub. L. 101-549, Sec. 221, added subsec. (o).

1977 - Subsec. (c)(1)(A). Pub. L. 95-95, Sec. 401(e), substituted

"if in the judgment of the Administrator any emission product of

such fuel or fuel additive causes, or contributes, to air pollution

which may reasonably be anticipated to endanger" for "if any

emission products of such fuel or fuel additive will endanger".

Subsec. (d). Pub. L. 95-95, Sec. 222(b), inserted "or (f)" after

"Any person who violates subsection (a)".

Subsecs. (e), (f). Pub. L. 95-95, Sec. 222(a), added subsecs. (e)

and (f).

Subsec. (f)(2). Pub. L. 95-190, Sec. 14(a)(73), inserted

provision relating to waiver under par. (4) of this subsec., and

struck out "first" before "introduce".

Subsec. (f)(4). Pub. L. 95-190, Sec. 14(a)(74), inserted

provision relating to applicability of limitation specified under

par. (2) of this subsection.

Subsec. (g). Pub. L. 95-95, Sec. 223, added subsec. (g).

1971 - Subsec. (c)(3)(A). Pub. L. 92-157, Sec. 302(d),

substituted "purpose of obtaining" for "purpose of".

Subsec. (d). Pub. L. 92-157, Sec. 302(e), substituted "subsection

(b)" for "subsection (c)" where appearing the second time.

1970 - Subsec. (a). Pub. L. 91-604, Sec. 9(a), substituted

"Administrator" for "Secretary" as the registering authority,

inserted references to fuel additives, and substituted the selling,

offering for sale, and introduction into commerce of fuel or fuel

additives, for the delivery for introduction into interstate

commerce or delivery to another person who can reasonably be

expected to deliver fuel into interstate commerce.

Subsec. (b). Pub. L. 91-604, Sec. 9(a), designated existing

provisions as pars. (1) and (3), added par. (2), and substituted

"Administrator" for "Secretary" wherever appearing.

Subsec. (c). Pub. L. 91-604, Sec. 9(a), substituted provisions

covering the control or prohibition of offending fuels and fuel

additives, for provisions covering trade secrets and substituted

"Administrator" for "Secretary" wherever appearing.

Subsec. (d). Pub. L. 91-604, Sec. 9(a), inserted references to

failure to obey regulations prescribed under subsec. (c) and

failure to furnish information required by the Administrator under

subsec. (c), increased the daily civil penalty from $1,000 to

$10,000 and substituted "Administrator" for "Secretary".

Subsec. (e). Pub. L. 91-604, Sec. 9(a), struck out subsec. (e)

which directed the various United States Attorneys to prosecute for

the recovery of forfeitures.

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.

FINDINGS AND SENSE OF CONGRESS ON ETHANOL USAGE

Pub. L. 100-203, title I, Sec. 1508, Dec. 22, 1987, 101 Stat.

1330-29, provided that:

"(a) Findings. - Congress finds that -

"(1) the United States is dependent for a large and growing

share of its energy needs on the Middle East at a time when world

petroleum reserves are declining;

"(2) the burning of gasoline causes pollution;

"(3) ethanol can be blended with gasoline to produce a cleaner

source of fuel;

"(4) ethanol can be produced from grain, a renewable resource

that is in considerable surplus in the United States;

"(5) the conversion of grain into ethanol would reduce farm

program costs and grain surpluses; and

"(6) increasing the quantity of motor fuels that contain at

least 10 percent ethanol from current levels to 50 percent by

1992 would create thousands of new jobs in ethanol production

facilities.

"(b) Sense of Congress. - It is the sense of Congress that the

Administrator of the Environmental Protection Agency should use

authority provided under the Clean Air Act (42 U.S.C. 7401 et seq.)

to require greater use of ethanol as motor fuel."

AGRICULTURAL MACHINERY: STUDY OF UNLEADED FUEL

Pub. L. 99-198, title XVII, Sec. 1765, Dec. 23, 1985, 99 Stat.

1653, directed Administrator of EPA and Secretary of Agriculture

jointly to conduct a study of use of fuel containing lead

additives, and alternative lubricating additives, in gasoline

engines that are used in agricultural machinery, and designed to

combust fuel containing such additives, study to analyze potential

for mechanical problems (including but not limited to valve

recession) that may be associated with use of other fuels in such

engines, and not later than Jan. 1, 1987, Administrator and

Secretary to publish results of the study, with Administrator to

publish in Federal Register notice of publication of such study and

a summary thereof; directed Administrator, after notice and

opportunity for hearing, but not later than 6 months after

publication of the study, to make findings and recommendations on

need for lead additives in gasoline to be used on a farm for

farming purposes, including a determination of whether a

modification of regulations limiting lead content of gasoline would

be appropriate in the case of gasoline used on a farm for farming

purposes, and submit to President and Congress a report containing

the study, a summary of comments received during public hearing

(including comments of Secretary), and findings and recommendations

of Administrator made in accordance with clause (1), such report to

be transmitted named congressional committees; directed

Administrator between Jan. 1, 1986, and Dec. 31, 1987, to monitor

actual lead content of leaded gasoline sold in the United States,

with Administrator to determine average lead content of such

gasoline for each 3-month period between Jan. 1, 1986, and Dec. 31,

1987, and if actual lead content falls below an average of 0.2 of a

gram of lead per gallon in any such 3-month period, to report to

Congress, and publish a notice thereof in Federal Register;

provided that until Jan. 1, 1988, no regulation of Administrator

issued under this section 211 could require an average lead content

per gallon that is less than 0.1 of a gram per gallon; and

authorized an appropriation.

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 7416, 7511a, 7511b, 7521,

7524, 7604, 7607, 7617, 7651i, 13220 of this title; title 26

section 4082.

-FOOTNOTE-

(!1) So in original. Probably should be section "7625-1".

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

(!3) So in original. Probably should be section "7550(2)".

-End-

-CITE-

42 USC Sec. 7546 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 A - Motor Vehicle Emission and Fuel Standards

-HEAD-

Sec. 7546. Repealed. Pub. L. 101-549, title II, Sec. 230(10), Nov.

15, 1990, 104 Stat. 2529

-MISC1-

Section, act July 14, 1955, ch. 360, title II, Sec. 212, as added

Dec. 31, 1970, Pub. L. 91-604, Sec. 10(c), 84 Stat. 1700; amended

Dec. 31, 1970, Pub. L. 91-605, Sec. 202(a), 84 Stat. 1739; Apr. 9,

1973, Pub. L. 93-15, Sec. 1(b), 87 Stat. 11; June 22, 1974, Pub. L.

93-319, Sec. 13(b), 88 Stat. 265, related to low-emission vehicles.

A prior section 212 of act July 14, 1955, was renumbered section

213 by Pub. L. 91-604, renumbered section 214 by Pub. L. 93-319,

and renumbered section 216 by Pub. L. 95-95, and is classified to

section 7550 of this title.

-End-

-CITE-

42 USC Sec. 7547 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 A - Motor Vehicle Emission and Fuel Standards

-HEAD-

Sec. 7547. Nonroad engines and vehicles

-STATUTE-

(a) Emissions standards

(1) The Administrator shall conduct a study of emissions from

nonroad engines and nonroad vehicles (other than locomotives or

engines used in locomotives) to determine if such emissions cause,

or significantly contribute to, air pollution which may reasonably

be anticipated to endanger public health or welfare. Such study

shall be completed within 12 months of November 15, 1990.

(2) After notice and opportunity for public hearing, the

Administrator shall determine within 12 months after completion of

the study under paragraph (1), based upon the results of such

study, whether emissions of carbon monoxide, oxides of nitrogen,

and volatile organic compounds from new and existing nonroad

engines or nonroad vehicles (other than locomotives or engines used

in locomotives) are significant contributors to ozone or carbon

monoxide concentrations in more than 1 area which has failed to

attain the national ambient air quality standards for ozone or

carbon monoxide. Such determination shall be included in the

regulations under paragraph (3).

(3) If the Administrator makes an affirmative determination under

paragraph (2) the Administrator shall, within 12 months after

completion of the study under paragraph (1), promulgate (and from

time to time revise) regulations containing standards applicable to

emissions from those classes or categories of new nonroad engines

and new nonroad vehicles (other than locomotives or engines used in

locomotives) which in the Administrator's judgment cause, or

contribute to, such air pollution. Such standards shall achieve the

greatest degree of emission reduction achievable through the

application of technology which the Administrator determines will

be available for the engines or vehicles to which such standards

apply, giving appropriate consideration to the cost of applying

such technology within the period of time available to

manufacturers and to noise, energy, and safety factors associated

with the application of such technology. In determining what degree

of reduction will be available, the Administrator shall first

consider standards equivalent in stringency to standards for

comparable motor vehicles or engines (if any) regulated under

section 7521 of this title, taking into account the technological

feasibility, costs, safety, noise, and energy factors associated

with achieving, as appropriate, standards of such stringency and

lead time. The regulations shall apply to the useful life of the

engines or vehicles (as determined by the Administrator).

(4) If the Administrator determines that any emissions not

referred to in paragraph (2) from new nonroad engines or vehicles

significantly contribute to air pollution which may reasonably be

anticipated to endanger public health or welfare, the Administrator

may promulgate (and from time to time revise) such regulations as

the Administrator deems appropriate containing standards applicable

to emissions from those classes or categories of new nonroad

engines and new nonroad vehicles (other than locomotives or engines

used in locomotives) which in the Administrator's judgment cause,

or contribute to, such air pollution, taking into account costs,

noise, safety, and energy factors associated with the application

of technology which the Administrator determines will be available

for the engines and vehicles to which such standards apply. The

regulations shall apply to the useful life of the engines or

vehicles (as determined by the Administrator).

(5) Within 5 years after November 15, 1990, the Administrator

shall promulgate regulations containing standards applicable to

emissions from new locomotives and new engines used in locomotives.

Such standards shall achieve the greatest degree of emission

reduction achievable through the application of technology which

the Administrator determines will be available for the locomotives

or engines to which such standards apply, giving appropriate

consideration to the cost of applying such technology within the

period of time available to manufacturers and to noise, energy, and

safety factors associated with the application of such technology.

(b) Effective date

Standards under this section shall take effect at the earliest

possible date considering the lead time necessary to permit the

development and application of the requisite technology, giving

appropriate consideration to the cost of compliance within such

period and energy and safety.

Effective with respect to new engines or vehicles to which

standards under this section apply, no emission control device,

system, or element of design shall be used in such a new nonroad

engine or new nonroad vehicle for purposes of complying with such

standards if such device, system, or element of design will cause

or contribute to an unreasonable risk to public health, welfare, or

safety in its operation or function. In determining whether an

unreasonable risk exists, the Administrator shall consider factors

including those described in section 7521(a)(4)(B) of this title.

(d) Enforcement

The standards under this section shall be subject to sections

7525, 7541, 7542, and 7543 of this title, with such modifications

of the applicable regulations implementing such sections as the

Administrator deems appropriate, and shall be enforced in the same

manner as standards prescribed under section 7521 of this title.

The Administrator shall revise or promulgate regulations as may be

necessary to determine compliance with, and enforce, standards in

effect under this section.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 213, as added Pub. L.

93-319, Sec. 10, June 22, 1974, 88 Stat. 261; amended Pub. L.

101-549, title II, Sec. 222(a), Nov. 15, 1990, 104 Stat. 2500.)

-COD-

CODIFICATION

Section was formerly classified to section 1857f-6f of this

title.

-MISC1-

PRIOR PROVISIONS

A prior section 213 of act July 14, 1955, was renumbered section

214 by Pub. L. 93-319 and renumbered section 216 by Pub. L. 95-95,

and is classified to section 7550 of this title.

AMENDMENTS

1990 - Pub. L. 101-549 amended section generally, substituting

present provisions for provisions requiring Administrator and

Secretary of Transportation to conduct study on fuel economy

improvement for new motor vehicles manufactured during and after

model year 1980.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7524, 7607 of this title.

-End-

-CITE-

42 USC Sec. 7548 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 A - Motor Vehicle Emission and Fuel Standards

-HEAD-

Sec. 7548. Study of particulate emissions from motor vehicles

-STATUTE-

(a) Study and analysis

(1) The Administrator shall conduct a study concerning the

effects on health and welfare of particulate emissions from motor

vehicles or motor vehicle engines to which section 7521 of this

title applies. Such study shall characterize and quantify such

emissions and analyze the relationship of such emissions to various

fuels and fuel additives.

(2) The study shall also include an analysis of particulate

emissions from mobile sources which are not related to engine

emissions (including, but not limited to tire debris, and asbestos

from brake lining).

(b) Report to Congress

The Administrator shall report to the Congress the findings and

results of the study conducted under subsection (a) of this section

not later than two years after August 7, 1977. Such report shall

also include recommendations for standards or methods to regulate

particulate emissions described in paragraph (2) of subsection (a)

of this section.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 214, as added Pub. L.

95-95, title II, Sec. 224(d), Aug. 7, 1977, 91 Stat. 767.)

-MISC1-

PRIOR PROVISIONS

A prior section 214 of act July 14, 1955, was renumbered section

216 by Pub. L. 95-95 and is classified to section 7550 of this

title.

EFFECTIVE DATE

Section effective Aug. 7, 1977, except as otherwise expressly

provided, see section 406(d) of Pub. L. 95-95, set out as an

Effective Date of 1977 Amendment note under section 7401 of this

title.

STUDY ON SUSPENDED PARTICULATE MATTER

Section 403(a) of Pub. L. 95-95 directed Administrator of EPA,

not later than 18 months after Aug. 7, 1977, in cooperation with

National Academy of Sciences, to study and report to Congress on

relationship between size, weight, and chemical composition of

suspended particulate matter and nature and degree of endangerment

to public health or welfare presented by such particulate matter

and availability of technology for controlling such particulate

matter.

-End-

-CITE-

42 USC Sec. 7549 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 A - Motor Vehicle Emission and Fuel Standards

-HEAD-

Sec. 7549. High altitude performance adjustments

-STATUTE-

(a) Instruction of the manufacturer

(1) Any action taken with respect to any element of design

installed on or in a motor vehicle or motor vehicle engine in

compliance with regulations under this subchapter (including any

alteration or adjustment of such element), shall be treated as not

in violation of section 7522(a) of this title if such action is

performed in accordance with high altitude adjustment instructions

provided by the manufacturer under subsection (b) of this section

and approved by the Administrator.

(2) If the Administrator finds that adjustments or modifications

made pursuant to instructions of the manufacturer under paragraph

(1) will not insure emission control performance with respect to

each standard under section 7521 of this title at least equivalent

to that which would result if no such adjustments or modifications

were made, he shall disapprove such instructions. Such finding

shall be based upon minimum engineering evaluations consistent with

good engineering practice.

(b) Regulations

(1) Instructions respecting each class or category of vehicles or

engines to which this title applies providing for such vehicle and

engine adjustments and modifications as may be necessary to insure

emission control performance at different altitudes shall be

submitted by the manufacturer to the Administrator pursuant to

regulations promulgated by the Administrator.

(2) Any knowing violation by a manufacturer of requirements of

the Administrator under paragraph (1) shall be treated as a

violation by such manufacturer of section 7522(a)(3) of this title

for purposes of the penalties contained in section 7524 of this

title.

(3) Such instructions shall provide, in addition to other

adjustments, for adjustments for vehicles moving from high altitude

areas to low altitude areas after the initial registration of such

vehicles.

No instructions under this section respecting adjustments or

modifications may require the use of any manufacturer parts (as

defined in section 7522(a) of this title) unless the manufacturer

demonstrates to the satisfaction of the Administrator that the use

of such manufacturer parts is necessary to insure emission control

performance.

(d) State inspection and maintenance programs

Before January 1, 1981 the authority provided by this section

shall be available in any high altitude State (as determined under

regulations of the Administrator under regulations promulgated

before August 7, 1977) but after December 31, 1980, such authority

shall be available only in any such State in which an inspection

and maintenance program for the testing of motor vehicle emissions

has been instituted for the portions of the State where any

national ambient air quality standard for auto-related pollutants

has not been attained.

(e) High altitude testing

(1) The Administrator shall promptly establish at least one

testing center (in addition to the testing centers existing on

November 15, 1990) located at a site that represents high altitude

conditions, to ascertain in a reasonable manner whether, when in

actual use throughout their useful life (as determined under

section 7521(d) of this title), each class or category of vehicle

and engines to which regulations under section 7521 of this title

apply conforms to the emissions standards established by such

regulations. For purposes of this subsection, the term "high

altitude conditions" refers to high altitude as defined in

regulations of the Administrator in effect as of November 15, 1990.

(2) The Administrator, in cooperation with the Secretary of

Energy and the Administrator of the Federal Transit Administration,

and such other agencies as the Administrator deems appropriate,

shall establish a research and technology assessment center to

provide for the development and evaluation of less-polluting

heavy-duty engines and fuels for use in buses, heavy-duty trucks,

and non-road engines and vehicles, which shall be located at a

high-altitude site that represents high-altitude conditions. In

establishing and funding such a center, the Administrator shall

give preference to proposals which provide for local cost-sharing

of facilities and recovery of costs of operation through

utilization of such facility for the purposes of this section.

(3) The Administrator shall designate at least one center at

high-altitude conditions to provide research on after-market

emission components, dual-fueled vehicles and conversion kits, the

effects of tampering on emissions equipment, testing of alternate

fuels and conversion kits, and the development of curricula,

training courses, and materials to maximize the effectiveness of

inspection and maintenance programs as they relate to promoting

effective control of vehicle emissions at high-altitude elevations.

Preference shall be given to existing vehicle emissions testing and

research centers that have established reputations for vehicle

emissions research and development and training, and that possess

in-house Federal Test Procedure capacity.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 215, as added Pub. L.

95-95, title II, Sec. 211(b), Aug. 7, 1977, 91 Stat. 757; amended

Pub. L. 95-190, Sec. 14(a)(75), Nov. 16, 1977, 91 Stat. 1404; Pub.

L. 101-549, title II, Sec. 224, Nov. 15, 1990, 104 Stat. 2503; Pub.

L. 102-240, title III, Sec. 3004(b), Dec. 18, 1991, 105 Stat.

2088.)

-COD-

CODIFICATION

In subsec. (d), "August 7, 1977" substituted for "the date of

enactment of this Act" to reflect the probable intent of Congress

that such date of enactment meant the date of enactment of Pub. L.

95-95.

-MISC1-

AMENDMENTS

1990 - Subsec. (e). Pub. L. 101-549 added subsec. (e).

1977 - Subsec. (d). Pub. L. 95-190 substituted "December 31,

1980" for "December 31, 1981".

-CHANGE-

CHANGE OF NAME

"Federal Transit Administration" substituted for "Urban Mass

Transit Administration" in subsec. (e)(2) pursuant to section

3004(a) of Pub. L. 102-240, set out as a note under section 107 of

Title 49, Transportation.

-MISC2-

EFFECTIVE DATE

Section effective Aug. 7, 1977, except as otherwise expressly

provided, see section 406(d) 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 section 7522 of this title.

-End-

-CITE-

42 USC Sec. 7550 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 A - Motor Vehicle Emission and Fuel Standards

-HEAD-

Sec. 7550. Definitions

-STATUTE-

As used in this part -

(1) The term "manufacturer" as used in sections 7521, 7522,

7525, 7541, and 7542 of this title means any person engaged in

the manufacturing or assembling of new motor vehicles, new motor

vehicle engines, new nonroad vehicles or new nonroad engines, or

importing such vehicles or engines for resale, or who acts for

and is under the control of any such person in connection with

the distribution of new motor vehicles, new motor vehicle

engines, new nonroad vehicles or new nonroad engines, but shall

not include any dealer with respect to new motor vehicles, new

motor vehicle engines, new nonroad vehicles or new nonroad

engines received by him in commerce.

(2) The term "motor vehicle" means any self-propelled vehicle

designed for transporting persons or property on a street or

highway.

(3) Except with respect to vehicles or engines imported or

offered for importation, the term "new motor vehicle" means a

motor vehicle the equitable or legal title to which has never

been transferred to an ultimate purchaser; and the term "new

motor vehicle engine" means an engine in a new motor vehicle or a

motor vehicle engine the equitable or legal title to which has

never been transferred to the ultimate purchaser; and with

respect to imported vehicles or engines, such terms mean a motor

vehicle and engine, respectively, manufactured after the

effective date of a regulation issued under section 7521 of this

title which is applicable to such vehicle or engine (or which

would be applicable to such vehicle or engine had it been

manufactured for importation into the United States).

(4) The term "dealer" means any person who is engaged in the

sale or the distribution of new motor vehicles or new motor

vehicle engines to the ultimate purchaser.

(5) The term "ultimate purchaser" means, with respect to any

new motor vehicle or new motor vehicle engine, the first person

who in good faith purchases such new motor vehicle or new engine

for purposes other than resale.

(6) The term "commerce" means (A) commerce between any place in

any State and any place outside thereof; and (B) commerce wholly

within the District of Columbia.

(7) Vehicle curb weight, gross vehicle weight rating,

light-duty truck, light-duty vehicle, and loaded vehicle weight.

- The terms "vehicle curb weight", "gross vehicle weight rating"

(GVWR), "light-duty truck" (LDT), light-duty vehicle,(!1) and

"loaded vehicle weight" (LVW) have the meaning provided in

regulations promulgated by the Administrator and in effect as of

November 15, 1990. The abbreviations in parentheses corresponding

to any term referred to in this paragraph shall have the same

meaning as the corresponding term.

(8) Test weight. - The term "test weight" and the abbreviation

"tw" mean the vehicle curb weight added to the gross vehicle

weight rating (gvwr) and divided by 2.

(9) Motor vehicle or engine part manufacturer. - The term

"motor vehicle or engine part manufacturer" as used in sections

7541 and 7542 of this title means any person engaged in the

manufacturing, assembling or rebuilding of any device, system,

part, component or element of design which is installed in or on

motor vehicles or motor vehicle engines.

(10) Nonroad engine. - The term "nonroad engine" means an

internal combustion engine (including the fuel system) that is

not used in a motor vehicle or a vehicle used solely for

competition, or that is not subject to standards promulgated

under section 7411 of this title or section 7521 of this title.

(11) Nonroad vehicle. - The term "nonroad vehicle" means a

vehicle that is powered by a nonroad engine and that is not a

motor vehicle or a vehicle used solely for competition.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 216, formerly Sec. 208, as

added Pub. L. 89-272, title I, Sec. 101(8), Oct. 20, 1965, 79 Stat.

994; renumbered Sec. 212, and amended Pub. L. 90-148, Sec. 2, Nov.

21, 1967, 81 Stat. 503; renumbered Sec. 213, and amended Pub. L.

91-604, Secs. 8(a), 10(d), 11(a)(2)(A), Dec. 31, 1970, 84 Stat.

1694, 1703, 1705; renumbered Sec. 214, Pub. L. 93-319, Sec. 10,

June 22, 1974, 88 Stat. 261; renumbered Sec. 216, Pub. L. 95-95,

title II, Sec. 224(d), Aug. 7, 1977, 91 Stat. 767; Pub. L. 101-549,

title II, Sec. 223, Nov. 15, 1990, 104 Stat. 2503.)

-COD-

CODIFICATION

Section was formerly classified to section 1857f-7 of this title.

-MISC1-

AMENDMENTS

1990 - Par. (1). Pub. L. 101-549, Sec. 223(b), inserted

references to new nonroad vehicles or new nonroad engines.

Pars. (7) to (11). Pub. L. 101-549, Sec. 223(a), added pars. (7)

to (11).

1970 - Pub. L. 91-604, Sec. 11(a)(2)(A), substituted "part" for

"subchapter".

Par. (1). Pub. L. 91-604, Sec. 10(d)(1), inserted reference to

section 7521 of this title.

Par. (3). Pub. L. 91-604, Sec. 10(d)(2), inserted provisions

which defined such terms with respect to imported vehicles or

engines.

1967 - Pub. L. 90-148 inserted "as used in sections 7522, 7525,

7541, and 7542 of this title" after "manufacturer" in par. (1).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7511b, 7545, 7581, 7602,

13211, 13271 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be set off by quotation marks.

-End-

-CITE-

42 USC Sec. 7551 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 A - Motor Vehicle Emission and Fuel Standards

-HEAD-

Sec. 7551. Omitted

-MISC1-

Section, Pub. L. 95-95, title II, Sec. 203, Aug. 7, 1977, 91

Stat. 754; Pub. L. 97-375, title I, Sec. 106(a), Dec. 21, 1982, 96

Stat. 1820, which required the Administrator of the Environmental

Protection Agency to report to Congress respecting the motor

vehicle fuel consumption associated with the standards applicable

for the immediately preceding model year, terminated, effective May

15, 2000, pursuant to section 3003 of Pub. L. 104-66, as amended,

set out as a note under section 1113 of Title 31, Money and

Finance. See, also, the 5th item on page 165 of House Document No.

103-7. Section was enacted as part of the Clean Air Act Amendments

of 1977, and not as part of the Clean Air Act which comprises this

chapter.

-End-

-CITE-

42 USC Sec. 7552 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 A - Motor Vehicle Emission and Fuel Standards

-HEAD-

Sec. 7552. Motor vehicle compliance program fees

-STATUTE-

(a) Fee collection

Consistent with section 9701 of title 31, the Administrator may

promulgate (and from time to time revise) regulations establishing

fees to recover all reasonable costs to the Administrator

associated with -

(1) new vehicle or engine certification under section 7525(a)

of this title or part C of this subchapter,

(2) new vehicle or engine compliance monitoring and testing

under section 7525(b) of this title or part C of this subchapter,

and

(3) in-use vehicle or engine compliance monitoring and testing

under section 7541(c) of this title or part C of this subchapter.

The Administrator may establish for all foreign and domestic

manufacturers a fee schedule based on such factors as the

Administrator finds appropriate and equitable and

nondiscriminatory, including the number of vehicles or engines

produced under a certificate of conformity. In the case of

heavy-duty engine and vehicle manufacturers, such fees shall not

exceed a reasonable amount to recover an appropriate portion of

such reasonable costs.

(b) Special Treasury fund

Any fees collected under this section shall be deposited in a

special fund in the United States Treasury for licensing and other

services which thereafter shall be available for appropriation, to

remain available until expended, to carry out the Agency's

activities for which the fees were collected.

Moneys in the special fund referred to in subsection (b) of this

section shall not be used until after the first fiscal year

commencing after the first July 1 when fees are paid into the fund.

(d) Administrator's testing authority

Nothing in this subsection shall be construed to limit the

Administrator's authority to require manufacturer or confirmatory

testing as provided in this part.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 217, as added Pub. L.

101-549, title II, Sec. 225, Nov. 15, 1990, 104 Stat. 2504.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7607 of this title.

-End-

-CITE-

42 USC Sec. 7553 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 A - Motor Vehicle Emission and Fuel Standards

-HEAD-

Sec. 7553. Prohibition on production of engines requiring leaded

gasoline

-STATUTE-

The Administrator shall promulgate regulations applicable to

motor vehicle engines and nonroad engines manufactured after model

year 1992 that prohibit the manufacture, sale, or introduction into

commerce of any engine that requires leaded gasoline.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 218, as added Pub. L.

101-549, title II, Sec. 226, Nov. 15, 1990, 104 Stat. 2505.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7522 of this title.

-End-

-CITE-

42 USC Sec. 7554 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 A - Motor Vehicle Emission and Fuel Standards

-HEAD-

Sec. 7554. Urban bus standards

-STATUTE-

(a) Standards for model years after 1993

Not later than January 1, 1992, the Administrator shall

promulgate regulations under section 7521(a) of this title

applicable to urban buses for the model year 1994 and thereafter.

Such standards shall be based on the best technology that can

reasonably be anticipated to be available at the time such measures

are to be implemented, taking costs, safety, energy, lead time, and

other relevant factors into account. Such regulations shall require

that such urban buses comply with the provisions of subsection (b)

of this section (and subsection (c) of this subsection,(!1) if

applicable) in addition to compliance with the standards applicable

under section 7521(a) of this title for heavy-duty vehicles of the

same type and model year.

(b) PM standard

(1) 50 percent reduction

The standards under section 7521(a) of this title applicable to

urban buses shall require that, effective for the model year 1994

and thereafter, emissions of particulate matter (PM) from urban

buses shall not exceed 50 percent of the emissions of particulate

matter (PM) allowed under the emission standard applicable under

section 7521(a) of this title as of November 15, 1990, for

particulate matter (PM) in the case of heavy-duty diesel vehicles

and engines manufactured in the model year 1994.

(2) Revised reduction

The Administrator shall increase the level of emissions of

particulate matter allowed under the standard referred to in

paragraph (1) if the Administrator determines that the 50 percent

reduction referred to in paragraph (1) is not technologically

achievable, taking into account durability, costs, lead time,

safety, and other relevant factors. The Administrator may not

increase such level of emissions above 70 percent of the

emissions of particulate matter (PM) allowed under the emission

standard applicable under section 7521(a) of this title as of

November 15, 1990, for particulate matter (PM) in the case of

heavy-duty diesel vehicles and engines manufactured in the model

year 1994.

(3) Determination as part of rule

As part of the rulemaking under subsection (a) of this section,

the Administrator shall make a determination as to whether the 50

percent reduction referred to in paragraph (1) is technologically

achievable, taking into account durability, costs, lead time,

safety, and other relevant factors.

(1) Annual testing

Beginning with model year 1994 buses, the Administrator shall

conduct annual tests of a representative sample of operating

urban buses subject to the particulate matter (PM) standard

applicable pursuant to subsection (b) of this section to

determine whether such buses comply with such standard in use

over their full useful life.

(2) Promulgation of additional low-polluting fuel requirement

(A) If the Administrator determines, based on the testing under

paragraph (1), that urban buses subject to the particulate matter

(PM) standard applicable pursuant to subsection (b) of this

section do not comply with such standard in use over their full

useful life, he shall revise the standards applicable to such

buses to require (in addition to compliance with the PM standard

applicable pursuant to subsection (b) of this section) that all

new urban buses purchased or placed into service by owners or

operators of urban buses in all metropolitan statistical areas or

consolidated metropolitan statistical areas with a 1980

population of 750,000 or more shall be capable of operating, and

shall be exclusively operated, on low-polluting fuels. The

Administrator shall establish the pass-fail rate for purposes of

testing under this subparagraph.

(B) The Administrator shall promulgate a schedule phasing in

any low-polluting fuel requirement established pursuant to this

paragraph to an increasing percentage of new urban buses

purchased or placed into service in each of the first 5 model

years commencing 3 years after the determination under

subparagraph (A). Under such schedule 100 percent of new urban

buses placed into service in the fifth model year commencing 3

years after the determination under subparagraph (A) shall comply

with the low-polluting fuel requirement established pursuant to

this paragraph.

paragraph to metropolitan statistical areas or consolidated

metropolitan statistical areas with a 1980 population of less

than 750,000, if the Administrator determines that a significant

benefit to public health could be expected to result from such

extension.

(d) Retrofit requirements

Not later than 12 months after November 15, 1990, the

Administrator shall promulgate regulations under section 7521(a) of

this title requiring that urban buses which -

(1) are operating in areas referred to in subparagraph (A) of

subsection (c)(2) of this section (or subparagraph (C) of

subsection (c)(2) of this section if the Administrator has taken

action under that subparagraph);

(2) were not subject to standards in effect under the

regulations under subsection (a) of this section; and

(3) have their engines replaced or rebuilt after January 1,

1995,

shall comply with an emissions standard or emissions control

technology requirement established by the Administrator in such

regulations. Such emissions standard or emissions control

technology requirement shall reflect the best retrofit technology

and maintenance practices reasonably achievable.

(e) Procedures for administration and enforcement

The Administrator shall establish, within 18 months after

November 15, 1990, and in accordance with section 7525(h) of this

title, procedures for the administration and enforcement of

standards for buses subject to standards under this section,

testing procedures, sampling protocols, in-use compliance

requirements, and criteria governing evaluation of buses.

Procedures for testing (including, but not limited to,

certification testing) shall reflect actual operating conditions.

(f) Definitions

For purposes of this section -

(1) Urban bus

The term "urban bus" has the meaning provided under regulations

of the Administrator promulgated under section 7521(a) of this

title.

(2) Low-polluting fuel

The term "low-polluting fuel" means methanol, ethanol, propane,

or natural gas, or any comparably low-polluting fuel. In

determining whether a fuel is comparably low-polluting, the

Administrator shall consider both the level of emissions of air

pollutants from vehicles using the fuel and the contribution of

such emissions to ambient levels of air pollutants. For purposes

of this paragraph, the term "methanol" includes any fuel which

contains at least 85 percent methanol unless the Administrator

increases such percentage as he deems appropriate to protect

public health and welfare.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 219, as added Pub. L.

101-549, title II, Sec. 227[(a)], Nov. 15, 1990, 104 Stat. 2505.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7521, 7522, 7545 of this

title.

-FOOTNOTE-

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

-End-

-CITE-

42 USC Part B - Aircraft Emission Standards 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 B - Aircraft Emission Standards

-HEAD-

PART B - AIRCRAFT EMISSION STANDARDS

-End-

-CITE-

42 USC Sec. 7571 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 B - Aircraft Emission Standards

-HEAD-

Sec. 7571. Establishment of standards

-STATUTE-

(a) Study; proposed standards; hearings; issuance of regulations

(1) Within 90 days after December 31, 1970, the Administrator

shall commence a study and investigation of emissions of air

pollutants from aircraft in order to determine -

(A) the extent to which such emissions affect air quality in

air quality control regions throughout the United States, and

(B) the technological feasibility of controlling such

emissions.

(2)(A) The Administrator shall, from time to time, issue proposed

emission standards applicable to the emission of any air pollutant

from any class or classes of aircraft engines which in his judgment

causes, or contributes to, air pollution which may reasonably be

anticipated to endanger public health or welfare.

(B)(i) The Administrator shall consult with the Administrator of

the Federal Aviation Administration on aircraft engine emission

standards.

(ii) The Administrator shall not change the aircraft engine

emission standards if such change would significantly increase

noise and adversely affect safety.

(3) The Administrator shall hold public hearings with respect to

such proposed standards. Such hearings shall, to the extent

practicable, be held in air quality control regions which are most

seriously affected by aircraft emissions. Within 90 days after the

issuance of such proposed regulations, he shall issue such

regulations with such modifications as he deems appropriate. Such

regulations may be revised from time to time.

(b) Effective date of regulations

Any regulation prescribed under this section (and any revision

thereof) shall take effect after such period as the Administrator

finds necessary (after consultation with the Secretary of

Transportation) to permit the development and application of the

requisite technology, giving appropriate consideration to the cost

of compliance within such period.

Any regulations in effect under this section on August 7, 1977,

or proposed or promulgated thereafter, or amendments thereto, with

respect to aircraft shall not apply if disapproved by the

President, after notice and opportunity for public hearing, on the

basis of a finding by the Secretary of Transportation that any such

regulation would create a hazard to aircraft safety. Any such

finding shall include a reasonably specific statement of the basis

upon which the finding was made.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 231, as added Pub. L.

91-604, Sec. 11(a)(1), Dec. 31, 1970, 84 Stat. 1703; amended Pub.

L. 95-95, title II, Sec. 225, title IV, Sec. 401(f), Aug. 7, 1977,

91 Stat. 769, 791; Pub. L. 104-264, title IV, Sec. 406(b), Oct. 9,

1996, 110 Stat. 3257.)

-COD-

CODIFICATION

Section was formerly classified to section 1857f-9 of this title.

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(2). Pub. L. 104-264 designated existing

provisions as subpar. (A) and added subpar. (B).

1977 - Subsec. (a)(2). Pub. L. 95-95, Sec. 401(f), substituted

"The Administrator shall, from time to time, issue proposed

emission standards applicable to the emission of any air pollutant

from any class or classes of aircraft engines which in his judgment

causes, or contributes to, air pollution which may reasonably be

anticipated to endanger public health or welfare" for "Within 180

days after commencing such study and investigation, the

Administrator shall publish a report of such study and

investigation and shall issue proposed emission standards

applicable to emissions of any air pollutant from any class or

classes of aircraft or aircraft engines which in his judgment cause

or contribute to or are likely to cause or contribute to air

pollution which endangers the public health or welfare".

Subsec. (c). Pub. L. 95-95, Sec. 225, substituted "Any

regulations in effect under this section on August 7, 1977, or

proposed or promulgated thereafter, or amendments thereto, with

respect to aircraft shall not apply if disapproved by the

President, after notice and opportunity for public hearing, on the

basis of a finding by the Secretary of Transportation that any such

regulation would create a hazard to aircraft safety" for "Any

regulations under this section, or amendments thereto, with respect

to aircraft, shall be prescribed only after consultation with the

Secretary of Transportation in order to assure appropriate

consideration for aircraft safety" and inserted provision that

findings include a reasonably specific statement of the basis upon

which the finding was made.

EFFECTIVE DATE OF 1996 AMENDMENT

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of Title 49,

Transportation.

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.

STUDY AND INVESTIGATION OF UNINSTALLED AIRCRAFT ENGINES

Pub. L. 101-549, title II, Sec. 233, Nov. 15, 1990, 104 Stat.

2529, provided that:

"(a) Study. - The Administrator of the Environmental Protection

Agency and the Secretary of Transportation, in consultation with

the Secretary of Defense, shall commence a study and investigation

of the testing of uninstalled aircraft engines in enclosed test

cells that shall address at a minimum the following issues and such

other issues as they shall deem appropriate -

"(1) whether technologies exist to control some or all

emissions of oxides of nitrogen from test cells;

"(2) the effectiveness of such technologies;

"(3) the cost of implementing such technologies;

"(4) whether such technologies affect the safety, design,

structure, operation, or performance of aircraft engines;

"(5) whether such technologies impair the effectiveness and

accuracy of aircraft engine safety design, and performance tests

conducted in test cells; and

"(6) the impact of not controlling such oxides of nitrogen in

the applicable nonattainment areas and on other sources,

stationary and mobile, on oxides of nitrogen in such areas.

"(b) Report, Authority To Regulate. - Not later than 24 months

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

1990], the Administrator of the Environmental Protection Agency and

the Secretary of Transportation shall submit to Congress a report

of the study conducted under this section. Following the completion

of such study, any of the States may adopt or enforce any standard

for emissions of oxides of nitrogen from test cells only after

issuing a public notice stating whether such standards are in

accordance with the findings of the study."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7572, 7607, 7617 of this

title; title 49 section 44714.

-End-

-CITE-

42 USC Sec. 7572 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 B - Aircraft Emission Standards

-HEAD-

Sec. 7572. Enforcement of standards

-STATUTE-

(a) Regulations to insure compliance with standards

The Secretary of Transportation, after consultation with the

Administrator, shall prescribe regulations to insure compliance

with all standards prescribed under section 7571 of this title by

the Administrator. The regulations of the Secretary of

Transportation shall include provisions making such standards

applicable in the issuance, amendment, modification, suspension, or

revocation of any certificate authorized by part A of subtitle VII

of title 49 or the Department of Transportation Act. Such Secretary

shall insure that all necessary inspections are accomplished,

and,(!1) may execute any power or duty vested in him by any other

provision of law in the execution of all powers and duties vested

in him under this section.

(b) Notice and appeal rights

In any action to amend, modify, suspend, or revoke a certificate

in which violation of an emission standard prescribed under section

7571 of this title or of a regulation prescribed under subsection

(a) of this section is at issue, the certificate holder shall have

the same notice and appeal rights as are prescribed for such

holders in part A of subtitle VII of title 49 or the Department of

Transportation Act, except that in any appeal to the National

Transportation Safety Board, the Board may amend, modify, or revoke

the order of the Secretary of Transportation only if it finds no

violation of such standard or regulation and that such amendment,

modification, or revocation is consistent with safety in air

transportation.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 232, as added Pub. L.

91-604, Sec. 11(a)(1), Dec. 31, 1970, 84 Stat. 1704.)

-REFTEXT-

REFERENCES IN TEXT

The Department of Transportation Act, referred to in subsecs. (a)

and (b), is Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, as

amended, which was classified principally to sections 1651 to 1660

of former Title 49, Transportation. The Act was repealed and the

provisions thereof reenacted in Title 49, Transportation, by Pub.

L. 97-449, Jan. 12, 1983, 96 Stat. 2413, and Pub. L. 103-272, July

5, 1994, 108 Stat. 745. The Act was also repealed by Pub. L.

104-287, Sec. 7(5), Oct. 11, 1996, 110 Stat. 3400. For disposition

of sections of former Title 49, see Table at the beginning of Title

49.

-COD-

CODIFICATION

In subsecs. (a) and (b), "part A of subtitle VII of title 49"

substituted for "the Federal Aviation Act [49 App. U.S.C. 1301 et

seq.]" and "the Federal Aviation Act of 1958 [49 App. U.S.C. 1301

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.

Section was formerly classified to section 1857f-10 of this

title.

-FOOTNOTE-

(!1) So in original. The comma probably should not appear.

-End-

-CITE-

42 USC Sec. 7573 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 B - Aircraft Emission Standards

-HEAD-

Sec. 7573. State standards and controls

-STATUTE-

No State or political subdivision thereof may adopt or attempt to

enforce any standard respecting emissions of any air pollutant from

any aircraft or engine thereof unless such standard is identical to

a standard applicable to such aircraft under this part.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 233, as added Pub. L.

91-604, Sec. 11(a)(1), Dec. 31, 1970, 84 Stat. 1704.)

-COD-

CODIFICATION

Section was formerly classified to section 1857f-11 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7416 of this title.

-End-

-CITE-

42 USC Sec. 7574 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 B - Aircraft Emission Standards

-HEAD-

Sec. 7574. Definitions

-STATUTE-

Terms used in this part (other than Administrator) shall have the

same meaning as such terms have under section 40102(a) of title 49.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 234, as added Pub. L.

91-604, Sec. 11(a)(1), Dec. 31, 1970, 84 Stat. 1705.)

-COD-

CODIFICATION

In text, "section 40102(a) of title 49" substituted for "section

101 of the Federal Aviation Act of 1958" 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.

Section was formerly classified to section 1857f-12 of this

title.

-End-

-CITE-

42 USC Part C - Clean Fuel Vehicles 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-

PART C - CLEAN FUEL VEHICLES

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 7511a, 7512a, 7522, 7542,

7552, 7607, 13257 of this title.

-End-

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Enviado por:	El remitente no desea revelar su nombre
Idioma:	inglés
País:	Estados Unidos

Palabras clave:

Codificación normativa de EEUU (Estados Unidos)Legislación federal estadounidense # The Public Health and Welfare

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