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. (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.) Codification Section was formerly classified to section 1857f-7 of this title. 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). Section Referred to in Other Sections This section is referred to in sections 7511b, 7545, 7581, 7602, 13211, 13271 of this title. STUDY AND REPORT ON FUEL CONSUMPTION 42 USC 7551 Following each motor vehicle model year, the Administrator of the Environmental Protection Agency shall report to the Congress respecting the motor vehicle fuel consumption associated with the standards applicable for the immediately preceding model year. (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.) Codification 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. Amendments 1982-Subsec. (a). Pub. L. 97-375, Sec. 106(a)(2), struck out subsec. (a) designation. Subsec. (b). Pub. L. 97-375, Sec. 106(a)(1), struck out subsec. (b) which directed the Secretaries of Energy and Transportation each to submit to Congress separate reports on fuel consumption as promptly as practicable after the submission by the Administrator of the fuel consump tion report referred to in former subsec. (a) of this section. 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. 42 USC 7552 (a) Fee collection MOTOR VEHICLE COMPLIANCE PROGRAM FEES 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 confor mity. 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. (c) Limitation on fund use 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. (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.) Section Referred to in Other Sections This section is referred to in section 7607 of this title. PROHIBITION ON PRODUCTION OF ENGINES REQUIRING LEADED GASOLINE 42 USC 7553 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. (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.) Section Referred to in Other Sections This section is referred to in section 7522 of this title. 42 USC 7554 URBAN BUS STANDARDS (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,' 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. (c) Low-polluting fuel requirement (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 'So in original. Probably should be "section,". (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. 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. (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.) Section Referred to in Other Sections This section is referred to in sections 7521, 7522, 7545 of this title. Part B-Aircraft Emission Standards ESTABLISHMENT OF STANDARDS 42 USC 7571 (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. (c) Regulations which create hazards to aircraft safety 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. (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.) Codification Section was formerly classified to section 1857f-9 of this title. 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. |