42 U.S.C. § 7573 — State standards and controls

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 The Act was also repealed by Pub.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-