42 U.S.C. § 7542 — Information collection

Page 7337 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7542 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 im- ported 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, CERTIFI- CATIONS, AUTHORIZATIONS, DELEGATIONS, AND OTHER ACTIONS All rules, regulations, orders, determinations, con- tracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursu- ant 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 L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub.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. § 7542. Information collection (a) Manufacturer’s responsibility Every manufacturer of new motor vehicles or new motor vehicle engines, and every manufac- turer of new motor vehicle or engine parts or components, and other persons subject to the re- quirements 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 of- ficer or employee duly designated by the Admin- istrator, permit such officer or employee at rea- sonable times to have access to and copy such records. (b) Enforcement authority For the purposes of enforcement of this sec- tion, officers or employees duly designated by the Administrator upon presenting appropriate credentials are authorized— (1) to enter, at reasonable times, any estab- lishment 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 activ- ity conducted pursuant to subsection (a), and (2) to inspect records, files, papers, proc- esses, controls, and facilities used in per- forming 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 satisfac- tory 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 se- crets of that person, the Administrator shall consider the record, report, or information or particular portion thereof confidential in ac- cordance 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, re- ports or information to other officers, employ- ees 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 Adminis- trator or any officer or employee under the Ad- ministrator’s control from the duly authorized committees of the Congress. (July 14, 1955, ch. 360, title II, § 208, formerly § 207, as added Pub. L. 89–272, title I, § 101(8), Oct. 20, 1965, 79 Stat. 994; amended Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 501; renumbered and amended Pub. L. 91–604, §§ 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, § 211, Nov. 15, 1990, 104 Stat. 2487.) Editorial Notes CODIFICATION Section was formerly classified to section 1857f–6 of this title. PRIOR PROVISIONS A prior section 208 of act July 14, 1955, as added Nov. 21, 1967, Pub. L. 90–148, § 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, § 101(8), 79 Stat. 994, was renumbered section 212 by Pub. L. 90–148, renum- bered 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, sub- stituting present provisions for provisions which re- lated 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, §§ 11(a)(2)(A), 15(c)(2), substituted ‘‘Administrator’’ for ‘‘Secretary’’ wherever appearing and ‘‘part’’ for ‘‘subchapter’’. Subsec. (b). Pub. L. 91–604, §§ 10(a), 15(c)(2), sub- stituted provisions authorizing the Administrator to make available to the public any records, reports, of in- formation obtained under subsec. (a) of this section, ex- cept those shown to the Administrator to be entitled to protection as trade secrets, for provisions that all in- formation reported or otherwise obtained by the Sec- retary 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. 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 which State standards apply pursuant to a waiver granted under para- graph (1), compliance with such State standards shall be treated as compliance with applicable Federal standards for purposes of this sub- chapter. (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, no State or political subdivision thereof shall adopt or attempt to enforce any standard or any requirement of certification, inspection, or ap- proval 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 waiv- er is in effect under subsection (b). (d) Control, regulation, or restrictions on reg- istered 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 con- struction 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 sub- paragraph (A) or (B) of paragraph (1), the Ad- ministrator shall, after notice and oppor- tunity for public hearing, authorize California to adopt and enforce standards and other re- quirements relating to the control of emis- sions from such vehicles or engines if Cali- fornia determines that California standards will be, in the aggregate, at least as protective of public health and welfare as applicable Fed- eral standards. No such authorization shall be granted if the Administrator finds that— (i) the determination of California is arbi- trary and capricious, (ii) California does not need such Cali- fornia standards to meet compelling and ex- traordinary conditions, or (iii) California standards and accom- panying 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 no- tice 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 au- thorized by the Administrator under sub- paragraph (A), and (ii) California and such State adopt such standards at least 2 years before commence- ment of the period for which the standards take effect. The Administrator shall issue regulations to implement this subsection. (July 14, 1955, ch. 360, title II, § 209, formerly § 208, as added Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 501; renumbered and amended Pub. L. 91–604, §§ 8(a), 11(a)(2)(A), 15(c)(2), Dec. 31, 1970, 84 Stat. 1694, 1705, 1713; Pub. L. 95–95, title II, §§ 207, 221, Aug. 7, 1977, 91 Stat. 755, 762; Pub. L. 101–549, title II, § 222(b), Nov. 15, 1990, 104 Stat. 2502.)