42 U.S.C. § 7572 — Enforcement of standards

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 Page 7373 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7581 Title 49, Transportation, by Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2413, and Pub. L. 103–272, July 5, 1994, 108 Stat. 745. The Act was also repealed by Pub. L. 104–287, § 7(5), Oct. 11, 1996, 110 Stat. 3400. For disposition of sections of former Title 49, see Table at the beginning of Title 49. CODIFICATION In subsecs. (a) and (b), ‘‘part A of subtitle VII of title 49’’ substituted for ‘‘the Federal Aviation Act [49 App. U.S.C. 1301 et seq.]’’ and ‘‘the Federal Aviation Act of 1958 [49 App. U.S.C. 1301 et seq.]’’ on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first sec- tion of which enacted subtitles II, III, and V to X of Title 49, Transportation. Section was formerly classified to section 1857f–10 of this title. § 7573. State standards and controls No State or political subdivision thereof may adopt or attempt to enforce any standard re- specting emissions of any air pollutant from any aircraft or engine thereof unless such standard is identical to a standard applicable to such air- craft under this part. (July 14, 1955, ch. 360, title II, § 233, as added Pub. L. 91–604, § 11(a)(1), Dec. 31, 1970, 84 Stat. 1704.) Editorial Notes CODIFICATION Section was formerly classified to section 1857f–11 of this title. § 7574. Definitions Terms used in this part (other than Adminis- trator) shall have the same meaning as such terms have under section 40102(a) of title 49. (July 14, 1955, ch. 360, title II, § 234, as added Pub. L. 91–604, § 11(a)(1), Dec. 31, 1970, 84 Stat. 1705.) Editorial Notes CODIFICATION In text, ‘‘section 40102(a) of title 49’’ substituted for ‘‘section 101 of the Federal Aviation Act of 1958’’ on au- thority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. Section was formerly classified to section 1857f–12 of this title. PART C—CLEAN FUEL VEHICLES § 7581. Definitions For purposes of this part— (1) Terms defined in part A The definitions applicable to part A under section 7550 of this title shall also apply for purposes of this part. (2) Clean alternative fuel The term ‘‘clean alternative fuel’’ means any fuel (including methanol, ethanol, or other alcohols (including any mixture thereof containing 85 percent or more by volume of such alcohol with gasoline or other fuels), re- formulated gasoline, diesel, natural gas, lique- fied petroleum gas, and hydrogen) or power source (including electricity) used in a clean- fuel vehicle that complies with the standards and requirements applicable to such vehicle under this subchapter when using such fuel or power source. In the case of any flexible fuel vehicle or dual fuel vehicle, the term ‘‘clean alternative fuel’’ means only a fuel with re- spect to which such vehicle was certified as a clean-fuel vehicle meeting the standards appli- cable to clean-fuel vehicles under section 7583(d)(2) of this title when operating on clean alternative fuel (or any CARB standards which replaces such standards pursuant to section 7583(e) of this title). (3) NMOG The term nonmethane organic gas (‘‘NMOG’’) means the sum of nonoxygenated and oxygenated hydrocarbons contained in a gas sample, including, at a minimum, all oxygenated organic gases containing 5 or fewer carbon atoms (i.e., aldehydes, ketones, alcohols, ethers, etc.), and all known alkanes, alkenes, alkynes, and aromatics containing 12 or fewer carbon atoms. To demonstrate com- pliance with a NMOG standard, NMOG emis- sions shall be measured in accordance with the ‘‘California Non-Methane Organic Gas Test Procedures’’. In the case of vehicles using fuels other than base gasoline, the level of NMOG emissions shall be adjusted based on the reactivity of the emissions relative to ve- hicles using base gasoline. (4) Base gasoline The term ‘‘base gasoline’’ means gasoline which meets the following specifications: Specifications of Base Gasoline Used as Basis for Reactivity Readjustment: API gravity ....................................... 57.8 Sulfur, ppm ........................................ 317 Color .................................................. Purple Benzene, vol. % .................................. 1.35 Reid vapor pressure ........................... 8.7 Drivability ......................................... 1195 Antiknock index ................................ 87.3 Distillation, D–86 °F IBP .................................................... 92 10% .................................................... 126 50% .................................................... 219 90% .................................................... 327 EP ...................................................... 414 Hydrocarbon Type, Vol. % FIA: Aromatics .......................................... 30.9 Olefins ............................................... 8.2 Saturates ........................................... 60.9 The Administrator shall modify the defini- tions of NMOG, base gasoline, and the methods for making reactivity adjustments, to conform to the definitions and method used in Cali- fornia under the Low-Emission Vehicle and Clean Fuel Regulations of the California Air Resources Board, so long as the California definitions are, in the aggregate, at least as protective of public health and welfare as the definitions in this section. (5) Covered fleet The term ‘‘covered fleet’’ means 10 or more motor vehicles which are owned or operated by a single person. In determining the number of vehicles owned or operated by a single per- son for purposes of this paragraph, all motor vehicles owned or operated, leased or other- wise controlled by such person, by any person who controls such person, by any person con-