42 U.S.C. § 7583 — Standards for light-duty clean-fuel vehi-

Page 7374 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7582 trolled by such person, and by any person under common control with such person shall be treated as owned by such person. The term ‘‘covered fleet’’ shall not include motor vehi- cles held for lease or rental to the general pub- lic, motor vehicles held for sale by motor vehi- cle dealers (including demonstration vehicles), motor vehicles used for motor vehicle manu- facturer product evaluations or tests, law en- forcement and other emergency vehicles, or nonroad vehicles (including farm and con- struction vehicles). (6) Covered fleet vehicle The term ‘‘covered fleet vehicle’’ means only a motor vehicle which is— (i) in a vehicle class for which standards are applicable under this part; and (ii) in a covered fleet which is centrally fueled (or capable of being centrally fueled). No vehicle which under normal operations is garaged at a personal residence at night shall be considered to be a vehicle which is capable of being centrally fueled within the meaning of this paragraph. (7) Clean-fuel vehicle The term ‘‘clean-fuel vehicle’’ means a vehi- cle in a class or category of vehicles which has been certified to meet for any model year the clean-fuel vehicle standards applicable under this part for that model year to clean-fuel ve- hicles in that class or category. (July 14, 1955, ch. 360, title II, § 241, as added Pub. L. 101–549, title II, § 229(a), Nov. 15, 1990, 104 Stat. 2511.) § 7582. Requirements applicable to clean-fuel ve- hicles (a) Promulgation of standards Not later than 24 months after November 15, 1990, the Administrator shall promulgate regula- tions under this part containing clean-fuel vehi- cle standards for the clean-fuel vehicles speci- fied in this part. (b) Other requirements Clean-fuel vehicles of up to 8,500 gvwr subject to standards set forth in this part shall comply with all motor vehicle requirements of this sub- chapter (such as requirements relating to on- board diagnostics, evaporative emissions, etc.) which are applicable to conventional gasoline- fueled vehicles of the same category and model year, except as provided in section 7584 of this title with respect to administration and enforce- ment, and except to the extent that any such re- quirement is in conflict with the provisions of this part. Clean-fuel vehicles of 8,500 gvwr or greater subject to standards set forth in this part shall comply with all requirements of this subchapter which are applicable in the case of conventional gasoline-fueled or diesel fueled ve- hicles of the same category and model year, ex- cept as provided in section 7584 of this title with respect to administration and enforcement, and except to the extent that any such requirement is in conflict with the provisions of this part. (c) In-use useful life and testing (1) In the case of light-duty vehicles and light- duty trucks up to 6,000 lbs gvwr, the useful life for purposes of determining in-use compliance with the standards under section 7583 of this title shall be— (A) a period of 5 years or 50,000 miles (or the equivalent) whichever first occurs, in the case of standards applicable for purposes of certifi- cation at 50,000 miles; and (B) 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 in- use testing shall not be done for a period be- yond 7 years or 75,000 miles (or the equivalent) whichever first occurs. (2) In the case of light-duty trucks of more than 6,000 lbs gvwr, the useful life for purposes of determining in-use compliance with the standards under section 7583 of this title shall be— (A) a period of 5 years or 50,000 miles (or the equivalent) whichever first occurs in the case of standards applicable for purposes of certifi- cation at 50,000 miles; and (B) 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 in- use testing shall not be done for a period be- yond 7 years or 90,000 miles (or the equivalent) whichever first occurs. (July 14, 1955, ch. 360, title II, § 242, as added Pub. L. 101–549, title II, § 229(a), Nov. 15, 1990, 104 Stat. 2513.) § 7583. Standards for light-duty clean-fuel vehi- cles (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 in- cluding light-duty trucks of more than 3,750 lbs. loaded vehicle weight (lvw)) or light-duty vehi- cles: (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 fol- lowing table: PHASE I CLEAN FUEL VEHICLE EMISSION STAND- ARDS FOR LIGHT-DUTY TRUCKS OF UP TO 3,750 LBS. LVW AND UP TO 6,000 LBS. GVWR AND LIGHT-DUTY VEHICLES Pollutant NMOG CO NOx PM HCHO (formalde- hyde) 50,000 mile standard. 0.125 3.4 0.4 ....... 0.015 100,000 mile standard. 0.156 4.2 0.6 0.08* 0.018 Standards are expressed in grams per mile (gpm). *Standards for particulates (PM) shall apply only to diesel-fueled vehicles. Page 7375 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7583 1 So in original. Probably should be ‘‘subsection’’. In the case of the 50,000 mile standards and the 100,000 mile standards, for purposes of certification, the appli- cable useful life shall be 50,000 miles or 100,000 miles, re- spectively. (2) Phase II Beginning with model year 2001, for air pol- lutants 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 fol- lowing table. PHASE II CLEAN FUEL VEHICLE EMISSION STAND- ARDS FOR LIGHT-DUTY TRUCKS OF UP TO 3,750 LBS. LVW AND UP TO 6,000 LBS. GVWR AND LIGHT-DUTY VEHICLES Pollutant NMOG CO NOx PM* HCHO (formalde- hyde) 50,000 mile stand- ard. 0.075 3.4 0.2 ....... 0.015 100,000 mile standard. 0.090 4.2 0.3 0.08 0.018 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 appli- cable useful life shall be 50,000 miles or 100,000 miles, re- spectively. (b) Exhaust standards for light-duty trucks of more than 3,750 lbs. LVW and up to 5,750 lbs. LVW and up to 6,000 lbs. GVWR The standards set forth in this paragraph 1 shall apply in the case of clean-fuel vehicles which are light-duty trucks of more than 3,750 lbs. loaded vehicle weight (lvw) but not more than 5,750 lbs. lvw and not more than 6,000 lbs. gross weight rating (GVWR): (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 fol- lowing table. PHASE I CLEAN FUEL VEHICLE EMISSION STAND- ARDS FOR LIGHT-DUTY TRUCKS OF MORE THAN 3,750 LBS. AND UP TO 5,750 LBS. LVW AND UP TO 6,000 LBS. GVWR Pollutant NMOG CO NOx PM* HCHO (formalde- hyde) 50,000 mile stand- ard. 0.160 4.4 0.7 ....... 0.018 100,000 mile standard. 0.200 5.5 0.9 0.08 0.023 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 appli- cable useful life shall be 50,000 miles or 100,000 miles, re- spectively. (2) Phase II Beginning with model year 2001, 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 fol- lowing table. PHASE II CLEAN FUEL VEHICLE EMISSION STAND- ARDS FOR LIGHT-DUTY TRUCKS OF MORE THAN 3,750 LBS. LVW AND UP TO 5,750 LBS. LVW AND UP TO 6,000 LBS. GVWR Pollutant NMOG CO NOx PM* HCHO (formalde- hyde) 50,000 mile stand- ard. 0.100 4.4 0.4 ....... 0.018 100,000 mile standard. 0.130 5.5 0.5 0.08 0.023 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 appli- cable useful life shall be 50,000 miles or 100,000 miles, re- spectively. (c) Exhaust standards for light-duty trucks greater than 6,000 lbs. GVWR The standards set forth in this subsection shall apply in the case of clean-fuel vehicles which are light-duty trucks of more than 6,000 lbs. gross weight rating (GVWR) and less than or equal to 8,500 lbs. GVWR, beginning with model year 1998. For the air pollutants specified in the following table, the clean-fuel vehicle standards under this section shall provide that vehicle ex- haust emissions of vehicles within the test weight categories specified in the following table shall not exceed the levels specified in such table. CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT DUTY TRUCKS GREATER THAN 6,000 LBS. GVWR Test Weight Category: Up to 3,750 lbs. tw Pollutant NMOG CO NOx PM* HCHO (formalde- hyde) 50,000 mile standard. 0.125 3.4 0.4** ....... 0.015 120,000 mile standard. 0.180 5.0 0.6 0.08 0.022 Test Weight Category: Above 3,750 but not above 5,750 lbs. tw Pollutant NMOG CO NOx PM* HCHO (formalde- hyde) 50,000 mile standard. 0.160 4.4 0.7** ....... 0.018 120,000 mile standard. 0.230 6.4 1.0 0.10 0.027 Test Weight Category: Above 5,750 tw but not above 8,500 lbs. gvwr Pollutant NMOG CO NOx PM* HCHO (formalde- hyde) 50,000 mile standard. 0.195 5.0 1.1** ....... 0.022 Page 7376 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7583 2 So in original. Probably should be ‘‘subsections’’. Test Weight Category: Above 5,750 tw but not above 8,500 lbs. gvwr—Continued Pollutant NMOG CO NOx PM* HCHO (formalde- hyde) 120,000 mile standard. 0.280 7.3 1.5 0.12 0.032 Standards are expressed in grams per mile (gpm). *Standards for particulates (PM) shall apply only to diesel-fueled vehicles. **Standard not applicable to diesel-fueled vehicles. For the 50,000 mile standards and the 120,000 mile standards set forth in the table, the applicable useful life for purposes of certification shall be 50,000 miles or 120,000 miles, respectively. (d) Flexible and dual-fuel vehicles (1) In general The Administrator shall establish standards and requirements under this section for the model year 1996 and thereafter for vehicles weighing not more than 8,500 lbs. gvwr which are capable of operating on more than one fuel. Such standards shall require that such vehicles meet the exhaust standards applica- ble under subsection 2 (a), (b), and (c) for CO, NOx, and HCHO, and if appropriate, PM for sin- gle-fuel vehicles of the same vehicle category and model year. (2) Exhaust NMOG standard for operation on clean alternative fuel In addition to standards for the pollutants referred to in paragraph (1), the standards es- tablished under paragraph (1) shall require that vehicle exhaust emissions of NMOG not exceed the levels (expressed in grams per mile) specified in the tables below when the vehicle is operated on the clean alternative fuel for which such vehicle is certified: NMOG STANDARDS FOR FLEXIBLE- AND DUAL- FUELED VEHICLES WHEN OPERATING ON CLEAN ALTERNATIVE FUEL Light-duty Trucks up to 6,000 lbs. GVWR and Light-duty vehicles Vehicle Type Column A (50,000 mi.) Standard (gpm) Column B (100,000 mi.) Standard (gpm) Beginning MY 1996: LDT’s (0–3,750 lbs. LVW) and light-duty vehicles. 0.125 0.156 LDT’s (3,751–5,750 lbs. LVW). 0.160 0.20 Beginning MY 2001: LDT’s (0–3,750 lbs. LVW) and light-duty vehicles. 0.075 0.090 LDT’s (3,751–5,750 lbs. LVW). 0.100 0.130 For standards under column A, for purposes of certifi- cation under section 7525 of this title, the applicable useful life shall be 50,000 miles. For standards under column B, for purposes of certifi- cation under section 7525 of this title, the applicable useful life shall be 100,000 miles. Light-duty Trucks More than 6,000 lbs. GVWR Vehicle Type Column A (50,000 mi.) Standard Column B (120,000 mi.) Standard Beginning MY 1998: LDT’s (0–3,750 lbs. TW) ...... 0.125 0.180 LDT’s (3,751–5,750 lbs. TW) 0.160 0.230 LDT’s (above 5,750 lbs. TW) 0.195 0.280 For standards under column A, for purposes of certifi- cation under section 7525 of this title, the applicable useful life shall be 50,000 miles. For standards under column B, for purposes of certifi- cation under section 7525 of this title, the applicable useful life shall be 120,000 miles. (3) NMOG standard for operation on conven- tional fuel In addition to the standards referred to in paragraph (1), the standards established under paragraph (1) shall require that vehicle ex- haust emissions of NMOG not exceed the lev- els (expressed in grams per mile) specified in the tables below: NMOG STANDARDS FOR FLEXIBLE- AND DUAL- FUELED VEHICLES WHEN OPERATING ON CONVEN- TIONAL FUEL Light-duty Trucks of up to 6,000 lbs. GVWR and Light-duty vehicles Vehicle Type Column A (50,000 mi.) Standard (gpm) Column B (100,000 mi.) Standard (gpm) Beginning MY 1996: LDT’s (0–3,750 lbs. LVW) and light-duty vehicles. 0.25 0.31 LDT’s (3,751–5,750 lbs. LVW). 0.32 0.40 Beginning MY 2001: LDT’s (0–3,750 lbs. LVW) and light-duty vehicles. 0.125 0.156 LDT’s (3,751–5,750 lbs. LVW). 0.160 0.200 For standards under column A, for purposes of certifi- cation under section 7525 of this title, the applicable useful life shall be 50,000 miles. For standards under column B, for purposes of certifi- cation under section 7525 of this title, the applicable useful life shall be 100,000 miles. Light-duty Trucks of up to 6,000 lbs. GVWR Vehicle Type Column A (50,000 mi.) Standard Column B (120,000 mi.) Standard Beginning MY 1998: LDT’s (0–3,750 lbs. TW) ...... 0.25 0.36 LDT’s (3,751–5,750 lbs. TW) 0.32 0.46 LDT’s (above 5,750 lbs. TW) 0.39 0.56 For standards under column A, for purposes of certifi- cation under section 7525 of this title, the applicable useful life shall be 50,000 miles. For standards under column B, for purposes of certifi- cation under section 7525 of this title, the applicable useful life shall be 120,000 miles. (e) Replacement by CARB standards (1) Single set of CARB standards If the State of California promulgates regu- lations establishing and implementing a single set of standards applicable in California pursu- ant to a waiver approved under section 7543 of this title to any category of vehicles referred Page 7377 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7585 to in subsection (a), (b), (c), or (d) of this sec- tion and such set of standards is, in the aggre- gate, at least as protective of public health and welfare as the otherwise applicable stand- ards set forth in section 7582 of this title and subsection (a), (b), (c), or (d) of this section, such set of California standards shall apply to clean-fuel vehicles in such category in lieu of the standards otherwise applicable under sec- tion 7582 of this title and subsection (a), (b), (c), or (d) of this section, as the case may be. (2) Multiple sets of CARB standards If the State of California promulgates regu- lations establishing and implementing several different sets of standards applicable in Cali- fornia pursuant to a waiver approved under section 7543 of this title to any category of ve- hicles referred to in subsection (a), (b), (c), or (d) of this section and each of such sets of California standards is, in the aggregate, at least as protective of public health and welfare as the otherwise applicable standards set forth in section 7582 of this title and subsection (a), (b), (c), or (d) of this section, such standards shall be treated as ‘‘qualifying California standards’’ for purposes of this paragraph. Where more than one set of qualifying stand- ards are established and administered by the State of California, the least stringent set of qualifying California standards shall apply to the clean-fuel vehicles concerned in lieu of the standards otherwise applicable to such vehi- cles under section 7582 of this title and this section. (f) Less stringent CARB standards If the Low-Emission Vehicle and Clean Fuels Regulations of the California Air Resources Board applicable to any category of vehicles re- ferred to in subsection (a), (b), (c), or (d) of this section are modified after November 15, 1990, to provide an emissions standard which is less stringent than the otherwise applicable stand- ard set forth in subsection (a), (b), (c), or (d), or if any effective date contained in such regula- tions is delayed, such modified standards or such delay (or both, as the case may be) shall apply, for an interim period, in lieu of the stand- ard or effective date otherwise applicable under subsection (a), (b), (c), or (d) to any vehicles cov- ered by such modified standard or delayed effec- tive date. The interim period shall be a period of not more than 2 model years from the effective date otherwise applicable under subsection (a), (b), (c), or (d). After such interim period, the otherwise applicable standard set forth in sub- section (a), (b), (c), or (d) shall take effect with respect to such vehicles (unless subsequently re- placed under subsection (e)). (g) Not applicable to heavy-duty vehicles Notwithstanding any provision of the Low- Emission Vehicle and Clean Fuels Regulations of the California Air Resources Board nothing in this section shall apply to heavy-duty engines in vehicles of more than 8,500 lbs. GVWR. (July 14, 1955, ch. 360, title II, § 243, as added Pub. L. 101–549, title II, § 229(a), Nov. 15, 1990, 104 Stat. 2514.) § 7584. Administration and enforcement as per California standards Where the numerical clean-fuel vehicle stand- ards applicable under this part to vehicles of not more than 8,500 lbs. GVWR are the same as nu- merical emission standards applicable in Cali- fornia 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 Adminis- trator— (1) in the same manner and with the same flexibility as the State of California admin- isters 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 lim- ited to, requirements regarding certification, production-line testing, and in-use compli- ance, unless the Administrator determines (in promul- gating the rules establishing the clean fuel vehi- cle program under this section) that any such administration and enforcement would not meet the criteria for a waiver under section 7543 of this title. Nothing in this section shall apply in the case of standards under section 7585 of this title for heavy-duty vehicles. (July 14, 1955, ch. 360, title II, § 244, as added Pub. L. 101–549, title II, § 229(a), Nov. 15, 1990, 104 Stat. 2519.) § 7585. Standards for heavy-duty clean-fuel vehi- cles (GVWR above 8,500 up to 26,000 lbs.) (a) Model years after 1997; combined NOx and NMHC standard For classes or categories of heavy-duty vehi- cles or engines manufactured for the model year 1998 or thereafter and having a GVWR greater than 8,500 lbs. and up to 26,000 lbs. GVWR, the standards under this part for clean-fuel vehicles shall require that combined emissions of oxides of nitrogen (NOx) and nonmethane hydrocarbons (NMHC) shall not exceed 3.15 grams per brake horsepower hour (equivalent to 50 percent of the combined emission standards applicable under section 7521 of this title for such air pollutants in the case of a conventional model year 1994 heavy-duty diesel-fueled vehicle or engine). No standard shall be promulgated as provided in this section for any heavy-duty vehicle of more than 26,000 lbs. GVWR. (b) Revised standards that are less stringent (1) The Administrator may promulgate a re- vised less stringent standard for the vehicles or engines referred to in subsection (a) if the Ad- ministrator determines that the 50 percent re- duction required under subsection (a) is not technologically feasible for clean diesel-fueled vehicles and engines, taking into account dura- bility, costs, lead time, safety, and other rel- evant factors. To provide adequate lead time the Administrator shall make a determination with regard to the technological feasibility of such 50 percent reduction before December 31, 1993.