42 U.S.C. § 7547 — Nonroad engines and vehicles

Page 7366 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7547 subchapter XIV (§ 16501 et seq.) of chapter 149 of this title and sections 6991i to 6991m and 7546 of this title, amended sections 6991 to 6991f, 6991h, 1991i, 7135, 7545, and 13220 of this title, and enacted provisions set out as notes under section 7545 of this title. Title XIV of the Act, which contains miscellaneous provisions, is classi- fied principally to subchapter XIII (§ 16491 et seq.) of chapter 149 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 15801 of this title and Tables. PRIOR PROVISIONS A prior section 7546, act July 14, 1955, ch. 360, title II, § 212, as added Dec. 31, 1970, Pub. L. 91–604, § 10(c), 84 Stat. 1700; amended Dec. 31, 1970, Pub. L. 91–605, § 202(a), 84 Stat. 1739; Apr. 9, 1973, Pub. L. 93–15, § 1(b), 87 Stat. 11; June 22, 1974, Pub. L. 93–319, § 13(b), 88 Stat. 265, re- lated to low-emission vehicles, prior to repeal by Pub. L. 101–549, title II, § 230(10), Nov. 15, 1990, 104 Stat. 2529. A prior section 212 of act July 14, 1955, was renum- bered section 213 by Pub. L. 91–604, renumbered section 214 by Pub. L. 93–319, and renumbered section 216 by Pub. L. 95–95, and is classified to section 7550 of this title. § 7547. Nonroad engines and vehicles (a) Emissions standards (1) The Administrator shall conduct a study of emissions from nonroad engines and nonroad ve- hicles (other than locomotives or engines used in locomotives) to determine if such emissions cause, or significantly contribute to, air pollu- tion which may reasonably be anticipated to en- danger public health or welfare. Such study shall be completed within 12 months of Novem- ber 15, 1990. (2) After notice and opportunity for public hearing, the Administrator shall determine within 12 months after completion of the study under paragraph (1), based upon the results of such study, whether emissions of carbon mon- oxide, oxides of nitrogen, and volatile organic compounds from new and existing nonroad en- gines or nonroad vehicles (other than loco- motives or engines used in locomotives) are sig- nificant contributors to ozone or carbon mon- oxide concentrations in more than 1 area which has failed to attain the national ambient air quality standards for ozone or carbon monoxide. Such determination shall be included in the reg- ulations under paragraph (3). (3) If the Administrator makes an affirmative determination under paragraph (2) the Adminis- trator shall, within 12 months after completion of the study under paragraph (1), promulgate (and from time to time revise) regulations con- taining standards applicable to emissions from those classes or categories of new nonroad en- gines and new nonroad vehicles (other than loco- motives or engines used in locomotives) which in the Administrator’s judgment cause, or con- tribute to, such air pollution. Such standards shall achieve the greatest degree of emission re- duction achievable through the application of technology which the Administrator determines will be available for the engines or vehicles to which such standards apply, giving appropriate consideration to the cost of applying such tech- nology within the period of time available to manufacturers and to noise, energy, and safety factors associated with the application of such technology. In determining what degree of re- duction will be available, the Administrator shall first consider standards equivalent in stringency to standards for comparable motor vehicles or engines (if any) regulated under sec- tion 7521 of this title, taking into account the technological feasibility, costs, safety, noise, and energy factors associated with achieving, as appropriate, standards of such stringency and lead time. The regulations shall apply to the useful life of the engines or vehicles (as deter- mined by the Administrator). (4) If the Administrator determines that any emissions not referred to in paragraph (2) from new nonroad engines or vehicles significantly contribute to air pollution which may reason- ably be anticipated to endanger public health or welfare, the Administrator may promulgate (and from time to time revise) such regulations as the Administrator deems appropriate con- taining standards applicable to emissions from those classes or categories of new nonroad en- gines and new nonroad vehicles (other than loco- motives or engines used in locomotives) which in the Administrator’s judgment cause, or con- tribute to, such air pollution, taking into ac- count costs, noise, safety, and energy factors as- sociated with the application of technology which the Administrator determines will be available for the engines and vehicles to which such standards apply. The regulations shall apply to the useful life of the engines or vehicles (as determined by the Administrator). (5) Within 5 years after November 15, 1990, the Administrator shall promulgate regulations containing standards applicable to emissions from new locomotives and new engines used in locomotives. Such standards shall achieve the greatest degree of emission reduction achievable through the application of technology which the Administrator determines will be available for the locomotives or engines to which such stand- ards apply, giving appropriate consideration to the cost of applying such technology within the period of time available to manufacturers and to noise, energy, and safety factors associated with the application of such technology. (b) Effective date Standards under this section shall take effect at the earliest possible date considering the lead time necessary to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compli- ance within such period and energy and safety. (c) Safe controls Effective with respect to new engines or vehi- cles to which standards under this section apply, no emission control device, system, or element of design shall be used in such a new nonroad en- gine or new nonroad vehicle for purposes of com- plying with such standards if such device, sys- tem, or element of design will cause or con- tribute to an unreasonable risk to public health, welfare, or safety in its operation or function. In determining whether an unreasonable risk ex- ists, the Administrator shall consider factors in- cluding those described in section 7521(a)(4)(B) of this title. (d) Enforcement The standards under this section shall be sub- ject to sections 7525, 7541, 7542, and 7543 of this 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-