42 U.S.C. § 7571 — Establishment of standards

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). Page 7372 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7572 1 So in original. The comma probably should not appear. 1977—Subsec. (a)(2). Pub. L. 95–95, § 401(f), substituted ‘‘The Administrator shall, from time to time, issue pro- posed emission standards applicable to the emission of any air pollutant from any class or classes of aircraft engines which in his judgment causes, or contributes to, air pollution which may reasonably be anticipated to endanger public health or welfare’’ for ‘‘Within 180 days after commencing such study and investigation, the Administrator shall publish a report of such study and investigation and shall issue proposed emission standards applicable to emissions of any air pollutant from any class or classes of aircraft or aircraft engines which in his judgment cause or contribute to or are likely to cause or contribute to air pollution which en- dangers the public health or welfare’’. Subsec. (c). Pub. L. 95–95, § 225, substituted ‘‘Any reg- ulations 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 dis- approved by the President, after notice and oppor- tunity for public hearing, on the basis of a finding by the Secretary of Transportation that any such regula- tion would create a hazard to aircraft safety’’ for ‘‘Any regulations under this section, or amendments thereto, with respect to aircraft, shall be prescribed only after consultation with the Secretary of Transportation in order to assure appropriate consideration for aircraft safety’’ and inserted provision that findings include a reasonably specific statement of the basis upon which the finding was made. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Except as otherwise specifically provided, amend- ment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year end- ing before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of Title 49, Transpor- tation. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–95 effective Aug. 7, 1977, ex- cept as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as a note under section 7401 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. STUDY AND INVESTIGATION OF UNINSTALLED AIRCRAFT ENGINES Pub. L. 101–549, title II, § 233, Nov. 15, 1990, 104 Stat. 2529, provided that: ‘‘(a) STUDY.—The Administrator of the Environ- mental Protection Agency and the Secretary of Trans- portation, in consultation with the Secretary of De- fense, shall commence a study and investigation of the testing of uninstalled aircraft engines in enclosed test cells that shall address at a minimum the following issues and such other issues as they shall deem appro- priate— ‘‘(1) whether technologies exist to control some or all emissions of oxides of nitrogen from test cells; ‘‘(2) the effectiveness of such technologies; ‘‘(3) the cost of implementing such technologies; ‘‘(4) whether such technologies affect the safety, de- sign, structure, operation, or performance of aircraft engines; ‘‘(5) whether such technologies impair the effective- ness and accuracy of aircraft engine safety design, and performance tests conducted in test cells; and ‘‘(6) the impact of not controlling such oxides of ni- trogen in the applicable nonattainment areas and on other sources, stationary and mobile, on oxides of ni- trogen in such areas. ‘‘(b) REPORT, AUTHORITY TO REGULATE.—Not later than 24 months after enactment of the Clean Air Act Amendments of 1990 [Nov. 15, 1990], the Administrator of the Environmental Protection Agency and the Sec- retary of Transportation shall submit to Congress a re- port of the study conducted under this section. Fol- lowing the completion of such study, any of the States may adopt or enforce any standard for emissions of ox- ides of nitrogen from test cells only after issuing a pub- lic notice stating whether such standards are in accord- ance with the findings of the study.’’ § 7572. Enforcement of standards (a) Regulations to insure compliance with stand- ards The Secretary of Transportation, after con- sultation with the Administrator, shall pre- scribe regulations to insure compliance with all standards prescribed under section 7571 of this title by the Administrator. The regulations of the Secretary of Transportation shall include provisions making such standards applicable in the issuance, amendment, modification, suspen- sion, or revocation of any certificate authorized by part A of subtitle VII of title 49 or the De- partment of Transportation Act. Such Secretary shall insure that all necessary inspections are accomplished, and,1 may execute any power or duty vested in him by any other provision of law in the execution of all powers and duties vested in him under this section. (b) Notice and appeal rights In any action to amend, modify, suspend, or revoke a certificate in which violation of an emission standard prescribed under section 7571 of this title or of a regulation prescribed under subsection (a) is at issue, the certificate holder shall have the same notice and appeal rights as are prescribed for such holders in part A of sub- title VII of title 49 or the Department of Trans- portation Act, except that in any appeal to the National Transportation Safety Board, the Board may amend, modify, or revoke the order of the Secretary of Transportation only if it finds no violation of such standard or regulation and that such amendment, modification, or rev- ocation is consistent with safety in air transpor- tation. (July 14, 1955, ch. 360, title II, § 232, as added Pub. L. 91–604, § 11(a)(1), Dec. 31, 1970, 84 Stat. 1704.) Editorial Notes REFERENCES IN TEXT The Department of Transportation Act, referred to in subsecs. (a) and (b), is Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 931, which was classified principally to sections 1651 to 1660 of former Title 49, Transportation. The Act was repealed and the provisions thereof reenacted in