42 U.S.C. § 7581 — Definitions

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 The Act was also repealed by Pub.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- Page 7374 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7582 trolled by such person, and by any person under common control with such person shall be treated as owned by such person. The term ‘‘covered fleet’’ shall not include motor vehi- cles held for lease or rental to the general pub- lic, motor vehicles held for sale by motor vehi- cle dealers (including demonstration vehicles), motor vehicles used for motor vehicle manu- facturer product evaluations or tests, law en- forcement and other emergency vehicles, or nonroad vehicles (including farm and con- struction vehicles). (6) Covered fleet vehicle The term ‘‘covered fleet vehicle’’ means only a motor vehicle which is— (i) in a vehicle class for which standards are applicable under this part; and (ii) in a covered fleet which is centrally fueled (or capable of being centrally fueled). No vehicle which under normal operations is garaged at a personal residence at night shall be considered to be a vehicle which is capable of being centrally fueled within the meaning of this paragraph. (7) Clean-fuel vehicle The term ‘‘clean-fuel vehicle’’ means a vehi- cle in a class or category of vehicles which has been certified to meet for any model year the clean-fuel vehicle standards applicable under this part for that model year to clean-fuel ve- hicles in that class or category. (July 14, 1955, ch. 360, title II, § 241, as added Pub. L. 101–549, title II, § 229(a), Nov. 15, 1990, 104 Stat. 2511.) § 7582. Requirements applicable to clean-fuel ve- hicles (a) Promulgation of standards Not later than 24 months after November 15, 1990, the Administrator shall promulgate regula- tions under this part containing clean-fuel vehi- cle standards for the clean-fuel vehicles speci- fied in this part. (b) Other requirements Clean-fuel vehicles of up to 8,500 gvwr subject to standards set forth in this part shall comply with all motor vehicle requirements of this sub- chapter (such as requirements relating to on- board diagnostics, evaporative emissions, etc.) which are applicable to conventional gasoline- fueled vehicles of the same category and model year, except as provided in section 7584 of this title with respect to administration and enforce- ment, and except to the extent that any such re- quirement is in conflict with the provisions of this part. Clean-fuel vehicles of 8,500 gvwr or greater subject to standards set forth in this part shall comply with all requirements of this subchapter which are applicable in the case of conventional gasoline-fueled or diesel fueled ve- hicles of the same category and model year, ex- cept as provided in section 7584 of this title with respect to administration and enforcement, and except to the extent that any such requirement is in conflict with the provisions of this part. (c) In-use useful life and testing (1) In the case of light-duty vehicles and light- duty trucks up to 6,000 lbs gvwr, the useful life for purposes of determining in-use compliance with the standards under section 7583 of this title shall be— (A) a period of 5 years or 50,000 miles (or the equivalent) whichever first occurs, in the case of standards applicable for purposes of certifi- cation at 50,000 miles; and (B) a period of 10 years or 100,000 miles (or the equivalent) whichever first occurs, in the case of standards applicable for purposes of certification at 100,000 miles, except that in- use testing shall not be done for a period be- yond 7 years or 75,000 miles (or the equivalent) whichever first occurs. (2) In the case of light-duty trucks of more than 6,000 lbs gvwr, the useful life for purposes of determining in-use compliance with the standards under section 7583 of this title shall be— (A) a period of 5 years or 50,000 miles (or the equivalent) whichever first occurs in the case of standards applicable for purposes of certifi- cation at 50,000 miles; and (B) a period of 11 years or 120,000 miles (or the equivalent) whichever first occurs in the case of standards applicable for purposes of certification at 120,000 miles, except that in- use testing shall not be done for a period be- yond 7 years or 90,000 miles (or the equivalent) whichever first occurs. (July 14, 1955, ch. 360, title II, § 242, as added Pub. L. 101–549, title II, § 229(a), Nov. 15, 1990, 104 Stat. 2513.) § 7583. Standards for light-duty clean-fuel vehi- cles (a) Exhaust standards for light-duty vehicles and certain light-duty trucks The standards set forth in this subsection shall apply in the case of clean-fuel vehicles which are light-duty trucks of up to 6,000 lbs. gross vehicle weight rating (gvwr) (but not in- cluding light-duty trucks of more than 3,750 lbs. loaded vehicle weight (lvw)) or light-duty vehi- cles: (1) Phase I Beginning with model year 1996, for the air pollutants specified in the following table, the clean-fuel vehicle standards under this section shall provide that vehicle exhaust emissions shall not exceed the levels specified in the fol- lowing table: PHASE I CLEAN FUEL VEHICLE EMISSION STAND- ARDS FOR LIGHT-DUTY TRUCKS OF UP TO 3,750 LBS. LVW AND UP TO 6,000 LBS. GVWR AND LIGHT-DUTY VEHICLES Pollutant NMOG CO NOx PM HCHO (formalde- hyde) 50,000 mile standard. 0.125 3.4 0.4 ....... 0.015 100,000 mile standard. 0.156 4.2 0.6 0.08* 0.018 Standards are expressed in grams per mile (gpm). *Standards for particulates (PM) shall apply only to diesel-fueled vehicles.