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42 U.S.C. § 7543 — State standards
Federal law — U.S. Code and appendices · legal_authorities
**(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
(C) such State standards and accompanying enforcement procedures are not consistent with [section 7521(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7521/a&num=0&edition=prelim).
(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 whi
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Source file: Laws/federal/codes/united-states-code/title-42/section-7543-state-standards--e422397c05.md
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Source location: Title 42, Chapter 85, § 7543; chapter-085-air-pollution-prevention-and-control.md
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**(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
(C) such State standards and accompanying enforcement procedures are not consistent with [section 7521(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7521/a&num=0&edition=prelim).
(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.
**(c) Certification of vehicle parts or engine parts** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7541/a/2&num=0&edition=prelim), 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).
**(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) 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 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds—
(1) that the predominant part of the Nation’s population is located in its rapidly expanding metropolitan and other urban areas, which generally cross the boundary lines of local jurisdictions and often extend into two or more States;
(2) that the growth in the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare, including injury to agricultural crops and livestock, damage to and the deterioration of property, and hazards to air and ground transportation;
(3) that air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments; and
(4) that Federal financial assistance and leadership is essential for the development of cooperative Federal, State, regional, and local programs to prevent and control air pollution.
**(b) Declaration** The purposes of this subchapter are—
(1) to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population;
(2) to initiate and accelerate a national research and development program to achieve the prevention and control of air pollution;
(3) to provide technical and financial assistance to State and local governments in connection with the development and execution of their air pollution prevention and control programs; and
(4) to encourage and assist the development and operation of regional air pollution prevention and control programs.
**(c) Pollution prevention** A prim
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7401
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section402&num=0&edition=prelim); 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: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7544
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 1857f–5a, act July 14, 1955, ch. 360, title II, § 207, as added Dec. 31, 1970, Pub. L. 91–604, § 8(a), 84 Stat. 1696, which related to compliance by vehicles and engines in actual use, was transferred to [section 7541 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7541&num=0&edition=prelim).
Section 1857f–6, act July 14, 1955, ch. 360, title II, § 208, formerly § 207, as added Oct. 20, 1965, Pub. L. 89–272, title I, § 101(8), 79 Stat. 994; amended Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 501; renumbered and amended Dec. 31, 1970, Pub. L. 91–604, §§ 8(a), 10(a), 11(a)(2)(A), 15(c)(2), 84 Stat. 1694, 1700, 1705, 1713, which related to reports, records, and information required, access to and copying records, availability of records to the public, and disclosure of trade secrets, was transferred to [section 7542 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7542&num=0&edition=prelim).
Section 1857f–6a, act July 14, 1955, ch. 360, title II, § 209, formerly § 208, as added Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 501; renumbered and amended Dec. 31, 1970, Pub. L. 91–604, §§ 8(a), 11(a)(2)(A), 15(c)(2), 84 Stat. 1694, 1705, 1713, which related to State standards regarding control of emissions from new motor vehicles or new motor vehicle engines, was transferred to [section 7543 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7543&num=0&edition=prelim).
Section 1857f–6b, act July 14, 1955, ch. 360, title II, § 210, formerly § 209, as added Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 502; renumbered and amended Dec. 31, 1970, Pub. L. 91–604, §§ 8(a), 10(b), 84 Stat. 1694, 1700, which relate
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1857f–6d
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Federal law — U.S. Code and appendices · legal_authorities
**(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, shall establish and maintain records, perform tests where such testing is not otherwise reasonably available under this part and part C (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 and regulations thereunder, or to otherwise carry out the provision of this part and part C, 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), for the purposes of inspecting or observing any activity conducted pursuant to subsection (a), and
(2) to inspect records, files, papers, processes, controls, and facilities used in performing any activity required by subsection (a), by such manufacturer or by any person whom the manufacturer engages to perform any such activity.
**(c) Availability to public; trade secrets** Any records, reports, or information obtained under this part or part C shall be available to the public, except that upon a showing satisfactory to the Administr
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7542
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exhaust standards for light-duty vehicles and certain light-duty trucks** The standards set forth in this subsection shall apply in the case of clean-fuel vehicles which are light-duty trucks of up to 6,000 lbs. gross vehicle weight rating (gvwr) (but not including light-duty trucks of more than 3,750 lbs. loaded vehicle weight (lvw)) or light-duty vehicles:
(1) **Phase I** — Beginning with model year 1996, for the air pollutants specified in the following table, the clean-fuel vehicle standards under this section shall provide that vehicle exhaust emissions shall not exceed the levels specified in the following table: Phase I Clean Fuel Vehicle Emission Standards for Light-Duty Trucks of up to 3,750 Lbs. LVW and up to 6,000 Lbs. GVWR and Light-Duty Vehicles PollutantNMOGCONOxPMHCHO (formaldehyde) Standards are expressed in grams per mile (gpm). *Standards for particulates (PM) shall apply only to diesel-fueled vehicles. In the case of the 50,000 mile standards and the 100,000 mile standards, for purposes of certification, the applicable useful life shall be 50,000 miles or 100,000 miles, respectively. 50,000 mile standard0.1253.40.4.......0.015 100,000 mile standard0.1564.20.60.08*0.018
(2) **Phase II** — Beginning with model year 2001, for air pollutants specified in the following table, the clean-fuel vehicle standards under this section shall provide that vehicle exhaust emissions shall not exceed the levels specified in the following table. Phase II Clean Fuel Vehicle Emission Standards for Light-Duty Trucks of up to 3,750 Lbs. LVW and up to 6,000 Lbs. GVWR and Light-Duty Vehicles PollutantNMOGCONOxPM*HCHO (formaldehyde) Standards are expressed in grams per mile (gpm). *Standards for particulates (PM) shall apply only to diesel-fueled vehicles. In the case
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7583
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Federal law — U.S. Code and appendices · legal_authorities
Where the numerical clean-fuel vehicle standards applicable under this part to vehicles of not more than 8,500 lbs. GVWR are the same as numerical emission standards applicable in California under the Low-Emission Vehicle and Clean Fuels Regulations of the California Air Resources Board (“CARB”), such standards shall be administered and enforced by the Administrator—
(1) in the same manner and with the same flexibility as the State of California administers and enforces corresponding standards applicable under the Low-Emission Vehicle and Clean Fuels Regulations of the California Air Resources Board (“CARB”); and
(2) subject to the same requirements, and utilizing the same interpretations and policy judgments, as are applicable in the case of such CARB standards, including, but not limited to, requirements regarding certification, production-line testing, and in-use compliance,
unless the Administrator determines (in promulgating the rules establishing the clean fuel vehicle program under this section) that any such administration and enforcement would not meet the criteria for a waiver under [section 7543 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7543&num=0&edition=prelim). Nothing in this section shall apply in the case of standards under [section 7585 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7585&num=0&edition=prelim) for heavy-duty vehicles.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7584
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Federal law — U.S. Code and appendices · legal_authorities
Page 7338
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 7543
§ 7543. State standards
(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 cer-
tification, inspection, or any other approval re-
lating to the control of emissions from any new
motor vehicle or new motor vehicle engine as
condition precedent to the initial retail sale, ti-
tling (if any), or registration of such motor vehi-
cle, motor vehicle engine, or equipment.
(b) Waiver
(1) The Administrator shall, after notice and
opportunity for public hearing, waive applica-
tion of this section to any State which has
adopted standards (other than crankcase emis-
sion standards) for the control of emissions from
new motor vehicles or new motor vehicle en-
gines prior to March 30, 1966, if the State deter-
mines 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 Adminis-
trator finds that—
(A) the determination of the State is arbi-
trary and capricious,
(B) such State does not need such State
standards to meet compelling and extraor-
dinary conditions, or
(C) such State standards and accompanying
enforcement procedures are not consistent
with section 7521(a) of this title.
(2) If each State standard is at least as strin-
gent 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 para-
graph (1).
(3) In the case of any new motor vehicle or new
motor vehicle engine to
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7543
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