42 U.S.C. § 7584 — Administration and enforcement as per

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.