42 U.S.C. § 7549 — High altitude performance adjustments

Page 7367 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7549 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 pre- scribed under section 7521 of this title. The Ad- ministrator shall revise or promulgate regula- tions as may be necessary to determine compli- ance with, and enforce, standards in effect under this section. (July 14, 1955, ch. 360, title II, § 213, as added Pub. L. 93–319, § 10, June 22, 1974, 88 Stat. 261; amended Pub. L. 101–549, title II, § 222(a), Nov. 15, 1990, 104 Stat. 2500.) Editorial Notes CODIFICATION Section was formerly classified to section 1857f–6f of this title. PRIOR PROVISIONS A prior section 213 of act July 14, 1955, was renum- bered section 214 by Pub. L. 93–319 and renumbered sec- tion 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 requiring Administrator and Secretary of Transportation to con- duct study on fuel economy improvement for new motor vehicles manufactured during and after model year 1980. Statutory Notes and Related Subsidiaries REGULATIONS RELATING TO STANDARDS TO REDUCE EMISSIONS Pub. L. 108–199, div. G, title IV, § 428(b), Jan. 23, 2004, 118 Stat. 418, provided that: ‘‘Not later than December 1, 2004, the Administrator of the Environmental Protec- tion Agency shall propose regulations under the Clean Air Act [42 U.S.C. 7401 et seq.] that shall contain stand- ards to reduce emissions from new nonroad spark-igni- tion engines smaller than 50 horsepower. Not later than December 31, 2005, the Administrator shall publish in the Federal Register final regulations containing such standards.’’ § 7548. Study of particulate emissions from motor vehicles (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 re- lationship 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 Con- gress the findings and results of the study con- ducted under subsection (a) not later than two years after August 7, 1977. Such report shall also include recommendations for standards or meth- ods to regulate particulate emissions described in paragraph (2) of subsection (a). (July 14, 1955, ch. 360, title II, § 214, as added Pub. L. 95–95, title II, § 224(d), Aug. 7, 1977, 91 Stat. 767.) Editorial Notes PRIOR PROVISIONS A prior section 214 of act July 14, 1955, was renum- bered section 216 by Pub. L. 95–95 and is classified to section 7550 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Aug. 7, 1977, except as otherwise ex- pressly 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 Pub. L. 95–95, title IV, § 403(a), Aug. 7, 1977, 91 Stat. 792, 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 na- ture and degree of endangerment to public health or welfare presented by such particulate matter and avail- ability of technology for controlling such particulate matter. § 7549. High altitude performance adjustments (a) Instruction of the manufacturer (1) Any action taken with respect to any ele- ment of design installed on or in a motor vehicle or motor vehicle engine in compliance with reg- ulations 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 ac- cordance with high altitude adjustment instruc- tions provided by the manufacturer under sub- section (b) 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 re- spect to each standard under section 7521 of this title at least equivalent to that which would re- sult if no such adjustments or modifications were made, he shall disapprove such instruc- tions. Such finding shall be based upon min- imum engineering evaluations consistent with good engineering practice. (b) Regulations (1) Instructions respecting each class or cat- egory of vehicles or engines to which this sub- chapter applies providing for such vehicle and engine adjustments and modifications as may be necessary to insure emission control perform- ance at different altitudes shall be submitted by the manufacturer to the Administrator pursuant to regulations promulgated by the Adminis- trator. (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 vehi- Page 7368 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7550 cles moving from high altitude areas to low alti- tude areas after the initial registration of such vehicles. (c) Manufacturer parts No instructions under this section respecting adjustments or modifications may require the use of any manufacturer parts (as defined in sec- tion 7522(a) of this title) unless the manufac- turer demonstrates to the satisfaction of the Administrator that the use of such manufac- turer parts is necessary to insure emission con- trol performance. (d) State inspection and maintenance programs Before January 1, 1981 the authority provided by this section shall be available in any high al- titude State (as determined under regulations of the Administrator under regulations promul- gated before August 7, 1977) but after December 31, 1980, such authority shall be available only in any such State in which an inspection and main- tenance program for the testing of motor vehi- cle emissions has been instituted for the por- tions 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 alti- tude conditions’’ refers to high altitude as de- fined in regulations of the Administrator in ef- fect 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 ap- propriate, shall establish a research and tech- nology assessment center to provide for the de- velopment and evaluation of less-polluting heavy-duty engines and fuels for use in buses, heavy-duty trucks, and non-road engines and ve- hicles, which shall be located at a high-altitude site that represents high-altitude conditions. In establishing and funding such a center, the Ad- ministrator shall give preference to proposals which provide for local cost-sharing of facilities and recovery of costs of operation through utili- zation 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 ef- fects of tampering on emissions equipment, test- ing 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. Pref- erence shall be given to existing vehicle emis- sions testing and research centers that have es- tablished reputations for vehicle emissions re- search and development and training, and that possess in-house Federal Test Procedure capac- ity. (July 14, 1955, ch. 360, title II, § 215, as added Pub. L. 95–95, title II, § 211(b), Aug. 7, 1977, 91 Stat. 757; amended Pub. L. 95–190, § 14(a)(75), Nov. 16, 1977, 91 Stat. 1404; Pub. L. 101–549, title II, § 224, Nov. 15, 1990, 104 Stat. 2503; Pub. L. 102–240, title III, § 3004(b), Dec. 18, 1991, 105 Stat. 2088.) Editorial Notes 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. AMENDMENTS 1990—Subsec. (e). Pub. L. 101–549 added subsec. (e). 1977—Subsec. (d). Pub. L. 95–190 substituted ‘‘Decem- ber 31, 1980’’ for ‘‘December 31, 1981’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Federal Transit Administration’’ substituted for ‘‘Urban Mass Transportation Administration’’ in sub- sec. (e)(2) pursuant to section 3004(b) of Pub. L. 102–240, set out as a note under section 107 of Title 49, Transpor- tation. EFFECTIVE DATE Section effective Aug. 7, 1977, except as otherwise ex- pressly 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. § 7550. Definitions As used in this part— (1) The term ‘‘manufacturer’’ as used in sec- tions 7521, 7522, 7525, 7541, and 7542 of this title means any person engaged in the manufac- turing or assembling of new motor vehicles, new motor vehicle engines, new nonroad vehi- cles 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 en- gines, new nonroad vehicles or new nonroad engines received by him in commerce. (2) The term ‘‘motor vehicle’’ means any self-propelled vehicle designed for trans- porting persons or property on a street or highway. (3) Except with respect to vehicles or en- gines imported or offered for importation, the term ‘‘new motor vehicle’’ means a motor ve- hicle the equitable or legal title to which has never been transferred to an ultimate pur- chaser; and the term ‘‘new motor vehicle en- gine’’ 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