42 U.S.C. § 7543 — State standards

Page 7338 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7543 § 7543. State standards (a) Prohibition No State or any political subdivision thereof shall adopt or attempt to enforce any standard relating to the control of emissions from new motor vehicles or new motor vehicle engines subject to this part. No State shall require cer- tification, inspection, or any other approval re- lating to the control of emissions from any new motor vehicle or new motor vehicle engine as condition precedent to the initial retail sale, ti- tling (if any), or registration of such motor vehi- cle, motor vehicle engine, or equipment. (b) Waiver (1) The Administrator shall, after notice and opportunity for public hearing, waive applica- tion of this section to any State which has adopted standards (other than crankcase emis- sion standards) for the control of emissions from new motor vehicles or new motor vehicle en- gines prior to March 30, 1966, if the State deter- mines that the State standards will be, in the aggregate, at least as protective of public health and welfare as applicable Federal standards. No such waiver shall be granted if the Adminis- trator finds that— (A) the determination of the State is arbi- trary and capricious, (B) such State does not need such State standards to meet compelling and extraor- dinary conditions, or (C) such State standards and accompanying enforcement procedures are not consistent with section 7521(a) of this title. (2) If each State standard is at least as strin- gent as the comparable applicable Federal standard, such State standard shall be deemed to be at least as protective of health and welfare as such Federal standards for purposes of para- graph (1). (3) In the case of any new motor vehicle or new motor vehicle engine to which State standards apply pursuant to a waiver granted under para- graph (1), compliance with such State standards shall be treated as compliance with applicable Federal standards for purposes of this sub- chapter. (c) Certification of vehicle parts or engine parts Whenever a regulation with respect to any motor vehicle part or motor vehicle engine part is in effect under section 7541(a)(2) of this title, no State or political subdivision thereof shall adopt or attempt to enforce any standard or any requirement of certification, inspection, or ap- proval which relates to motor vehicle emissions and is applicable to the same aspect of such part. The preceding sentence shall not apply in the case of a State with respect to which a waiv- er is in effect under subsection (b). (d) Control, regulation, or restrictions on reg- istered or licensed motor vehicles Nothing in this part shall preclude or deny to any State or political subdivision thereof the right otherwise to control, regulate, or restrict the use, operation, or movement of registered or licensed motor vehicles. (e) Nonroad engines or vehicles (1) Prohibition on certain State standards No State or any political subdivision thereof shall adopt or attempt to enforce any standard or other requirement relating to the control of emissions from either of the following new nonroad engines or nonroad vehicles subject to regulation under this chapter— (A) New engines which are used in con- struction equipment or vehicles or used in farm equipment or vehicles and which are smaller than 175 horsepower. (B) New locomotives or new engines used in locomotives. Subsection (b) shall not apply for purposes of this paragraph. (2) Other nonroad engines or vehicles (A) In the case of any nonroad vehicles or engines other than those referred to in sub- paragraph (A) or (B) of paragraph (1), the Ad- ministrator shall, after notice and oppor- tunity for public hearing, authorize California to adopt and enforce standards and other re- quirements relating to the control of emis- sions from such vehicles or engines if Cali- fornia determines that California standards will be, in the aggregate, at least as protective of public health and welfare as applicable Fed- eral standards. No such authorization shall be granted if the Administrator finds that— (i) the determination of California is arbi- trary and capricious, (ii) California does not need such Cali- fornia standards to meet compelling and ex- traordinary conditions, or (iii) California standards and accom- panying enforcement procedures are not consistent with this section. (B) Any State other than California which has plan provisions approved under part D of subchapter I may adopt and enforce, after no- tice to the Administrator, for any period, standards relating to control of emissions from nonroad vehicles or engines (other than those referred to in subparagraph (A) or (B) of paragraph (1)) and take such other actions as are referred to in subparagraph (A) of this paragraph respecting such vehicles or engines if— (i) such standards and implementation and enforcement are identical, for the period concerned, to the California standards au- thorized by the Administrator under sub- paragraph (A), and (ii) California and such State adopt such standards at least 2 years before commence- ment of the period for which the standards take effect. The Administrator shall issue regulations to implement this subsection. (July 14, 1955, ch. 360, title II, § 209, formerly § 208, as added Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 501; renumbered and amended Pub. L. 91–604, §§ 8(a), 11(a)(2)(A), 15(c)(2), Dec. 31, 1970, 84 Stat. 1694, 1705, 1713; Pub. L. 95–95, title II, §§ 207, 221, Aug. 7, 1977, 91 Stat. 755, 762; Pub. L. 101–549, title II, § 222(b), Nov. 15, 1990, 104 Stat. 2502.) Page 7339 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7545 Editorial Notes CODIFICATION Section was formerly classified to section 1857f–6a of this title. PRIOR PROVISIONS A prior section 209 of act July 14, 1955, as added Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 502, was renumbered section 210 by Pub. L. 91–604 and is classified to section 7544 of this title. Another prior section 209 of act July 14, 1955, ch. 360, title II, as added Oct. 20, 1965, Pub. L. 89–272, title I, § 101(8), 79 Stat. 995, related to appropriations for the fiscal years ending June 30, 1966, 1967, 1968, and 1969, and was classified to section 1857f–8 of this title, prior to re- peal by Pub. L. 89–675, § 2(b), Oct. 15, 1966, 80 Stat. 954. AMENDMENTS 1990—Subsec. (e). Pub. L. 101–549 added subsec. (e). 1977—Subsec. (b). Pub. L. 95–95, § 207, designated exist- ing provisions as par. (1), substituted ‘‘March 30, 1966, if the State determines that the State standards will be, in the aggregate, at least as protective of public health and welfare as applicable Federal standards’’ for ‘‘March 30, 1966, unless he finds that such State does not require standards more stringent than applicable Federal standards to meet compelling the extraor- dinary conditions or that such State standards and ac- companying enforcement procedures are not consistent with section 7521(a) of this title’’, added subpars. (A), (B), and (C), and added pars. (2) and (3). Subsecs. (c), (d). Pub. L. 95–95, § 221, added subsec. (c) and redesignated former subsec. (c) as (d). 1970—Subsec. (a). Pub. L. 91–604, § 11(a)(2)(A), sub- stituted ‘‘part’’ for ‘‘subchapter’’. Subsec. (b). Pub. L. 91–604, § 15(c)(2), substituted ‘‘Ad- ministrator’’ for ‘‘Secretary’’. Subsec. (c). Pub. L. 91–604, § 11(a)(2)(A), substituted ‘‘part’’ for ‘‘subchapter’’. Statutory Notes and Related Subsidiaries 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. § 7544. State grants The Administrator is authorized to make grants to appropriate State agencies in an amount up to two-thirds of the cost of devel- oping and maintaining effective vehicle emis- sion devices and systems inspection and emis- sion testing and control programs, except that— (1) no such grant shall be made for any part of any State vehicle inspection program which does not directly relate to the cost of the air pollution control aspects of such a program; (2) no such grant shall be made unless the Secretary of Transportation has certified to the Administrator that such program is con- sistent with any highway safety program de- veloped pursuant to section 402 of title 23; and (3) no such grant shall be made unless the program includes provisions designed to insure that emission control devices and systems on vehicles in actual use have not been discon- tinued or rendered inoperative. Grants may be made under this section by way of reimbursement in any case in which amounts have been expended by the State before the date on which any such grant was made. (July 14, 1955, ch. 360, title II, § 210, formerly § 209, as added Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 502; renumbered and amended Pub. L. 91–604, §§ 8(a), 10(b), Dec. 31, 1970, 84 Stat. 1694, 1700; Pub. L. 95–95, title II, § 204, Aug. 7, 1977, 91 Stat. 754.) Editorial Notes CODIFICATION Section was formerly classified to section 1857f–6b of this title. PRIOR PROVISIONS A prior section 210 of act July 14, 1955, was renum- bered section 211 by Pub. L. 91–604 and is classified to section 7545 of this title. AMENDMENTS 1977—Pub. L. 95–95 inserted provision allowing grants to be made by way of reimbursement in any case in which amounts have been expended by States before the date on which the grants were made. 1970—Pub. L. 91–604, § 10(b), substituted provisions au- thorizing the Administrator to make grants to appro- priate State agencies for the development and mainte- nance of effective vehicle emission devices and systems inspection and emission testing and control programs, for provisions authorizing the Secretary to make grants to appropriate State air pollution control agen- cies for the development of meaningful uniform motor vehicle emission device inspection and emission testing programs. Statutory Notes and Related Subsidiaries 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. § 7545. Regulation of fuels (a) Authority of Administrator to regulate The Administrator may by regulation des- ignate any fuel or fuel additive (including any fuel or fuel additive used exclusively in nonroad engines or nonroad vehicles) and, after such date or dates as may be prescribed by him, no manu- facturer or processor of any such fuel or additive may sell, offer for sale, or introduce into com- merce such fuel or additive unless the Adminis- trator has registered such fuel or additive in ac- cordance with subsection (b) of this section. (b) Registration requirement (1) For the purpose of registration of fuels and fuel additives, the Administrator shall require—