42 U.S.C. § 7554 — Urban bus standards

Page 7370 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7553 1 So in original. Probably should be ‘‘section,’’. 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 sub- section (b) 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 re- quire manufacturer or confirmatory testing as provided in this part. (July 14, 1955, ch. 360, title II, § 217, as added Pub. L. 101–549, title II, § 225, Nov. 15, 1990, 104 Stat. 2504.) § 7553. Prohibition on production of engines re- quiring leaded gasoline The Administrator shall promulgate regula- tions applicable to motor vehicle engines and nonroad engines manufactured after model year 1992 that prohibit the manufacture, sale, or in- troduction into commerce of any engine that re- quires leaded gasoline. (July 14, 1955, ch. 360, title II, § 218, as added Pub. L. 101–549, title II, § 226, Nov. 15, 1990, 104 Stat. 2505.) § 7554. Urban bus standards (a) Standards for model years after 1993 Not later than January 1, 1992, the Adminis- trator shall promulgate regulations under sec- tion 7521(a) of this title applicable to urban buses for the model year 1994 and thereafter. Such standards shall be based on the best tech- nology 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 sub- section,1 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 per- cent of the emissions of particulate matter (PM) allowed under the emission standard ap- plicable 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 ac- count 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 mat- ter (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), the Administrator shall make a deter- mination as to whether the 50 percent reduc- tion referred to in paragraph (1) is techno- logically achievable, taking into account du- rability, 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) 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 buses subject to the particulate matter (PM) standard applicable pursuant to subsection (b) do not comply with such standard in use over their full useful life, he shall revise the stand- ards applicable to such buses to require (in ad- dition to compliance with the PM standard ap- plicable pursuant to subsection (b)) that all new urban buses purchased or placed into serv- ice by owners or operators of urban buses in all metropolitan statistical areas or consoli- dated metropolitan statistical areas with a 1980 population of 750,000 or more shall be ca- pable of operating, and shall be exclusively op- erated, on low-polluting fuels. The Adminis- trator shall establish the pass-fail rate for purposes of testing under this subparagraph. (B) The Administrator shall promulgate a schedule phasing in any low-polluting fuel re- quirement established pursuant to this para- graph to an increasing percentage of new urban buses purchased or placed into service in each of the first 5 model years commencing 3 years after the determination under subpara- graph (A). Under such schedule 100 percent of new urban buses placed into service in the fifth model year commencing 3 years after the determination under subparagraph (A) shall comply with the low-polluting fuel require- ment established pursuant to this paragraph. (C) The Administrator may extend the re- quirements of this paragraph to metropolitan statistical areas or consolidated metropolitan statistical areas with a 1980 population of less than 750,000, if the Administrator determines that a significant benefit to public health Page 7371 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7571 could be expected to result from such exten- sion. (d) Retrofit requirements Not later than 12 months after November 15, 1990, the Administrator shall promulgate regula- tions under section 7521(a) of this title requiring that urban buses which— (1) are operating in areas referred to in sub- paragraph (A) of subsection (c)(2) (or subpara- graph (C) of subsection (c)(2) if the Adminis- trator has taken action under that subpara- graph); (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 es- tablished by the Administrator in such regula- tions. Such emissions standard or emissions control technology requirement shall reflect the best retrofit technology and maintenance prac- tices reasonably achievable. (e) Procedures for administration and enforce- ment The Administrator shall establish, within 18 months after November 15, 1990, and in accord- ance 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 proto- cols, in-use compliance requirements, and cri- teria governing evaluation of buses. Procedures for testing (including, but not limited to, certifi- cation testing) shall reflect actual operating conditions. (f) Definitions For purposes of this section— (1) Urban bus The term ‘‘urban bus’’ has the meaning pro- vided under regulations of the Administrator promulgated under section 7521(a) of this title. (2) Low-polluting fuel The term ‘‘low-polluting fuel’’ means meth- anol, 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 vehi- cles using the fuel and the contribution of such emissions to ambient levels of air pollut- ants. For purposes of this paragraph, the term ‘‘methanol’’ includes any fuel which contains at least 85 percent methanol unless the Ad- ministrator increases such percentage as he deems appropriate to protect public health and welfare. (July 14, 1955, ch. 360, title II, § 219, as added Pub. L. 101–549, title II, § 227[(a)], Nov. 15, 1990, 104 Stat. 2505.) PART B—AIRCRAFT EMISSION STANDARDS § 7571. Establishment of standards (a) Study; proposed standards; hearings; issuance of regulations (1) Within 90 days after December 31, 1970, the Administrator shall commence a study and in- vestigation of emissions of air pollutants from aircraft in order to determine— (A) the extent to which such emissions af- fect air quality in air quality control regions throughout the United States, and (B) the technological feasibility of control- ling such emissions. (2)(A) The Administrator shall, from time to time, issue proposed emission standards applica- ble to the emission of any air pollutant from any class or classes of aircraft engines which in his judgment causes, or contributes to, air pol- lution which may reasonably be anticipated to endanger public health or welfare. (B)(i) The Administrator shall consult with the Administrator of the Federal Aviation Ad- ministration on aircraft engine emission stand- ards. (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 hear- ings 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 pro- posed regulations, he shall issue such regula- tions with such modifications as he deems ap- propriate. 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 nec- essary (after consultation with the Secretary of Transportation) to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compli- ance 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 pub- lic hearing, on the basis of a finding by the Sec- retary of Transportation that any such regula- tion would create a hazard to aircraft safety. Any such finding shall include a reasonably spe- cific statement of the basis upon which the find- ing was made. (July 14, 1955, ch. 360, title II, § 231, as added Pub. L. 91–604, § 11(a)(1), Dec. 31, 1970, 84 Stat. 1703; amended Pub. L. 95–95, title II, § 225, title IV, § 401(f), Aug. 7, 1977, 91 Stat. 769, 791; Pub. L. 104–264, title IV, § 406(b), Oct. 9, 1996, 110 Stat. 3257.) Editorial Notes CODIFICATION Section was formerly classified to section 1857f–9 of this title. AMENDMENTS 1996—Subsec. (a)(2). Pub. L. 104–264 designated exist- ing provisions as subpar. (A) and added subpar. (B).