42 U.S.C. § 7521 : US Code - Section 7521: Emission standards for new motor vehicles or new motor vehicle engines

Search 42 U.S.C. § 7521 : US Code - Section 7521: Emission standards for new motor vehicles or new motor vehicle engines

(a) Authority of Administrator to prescribe by regulation
Except as otherwise provided in subsection (b) of this section -
(1) The Administrator shall by regulation prescribe (and from
time to time revise) in accordance with the provisions of this
section, standards applicable to the emission of any air pollutant
from any class or classes of new motor vehicles or new motor
vehicle engines, which in his judgment cause, or contribute to, air
pollution which may reasonably be anticipated to endanger public
health or welfare. Such standards shall be applicable to such
vehicles and engines for their useful life (as determined under
subsection (d) of this section, relating to useful life of vehicles
for purposes of certification), whether such vehicles and engines
are designed as complete systems or incorporate devices to prevent
or control such pollution.
(2) Any regulation prescribed under paragraph (1) of this
subsection (and any revision thereof) shall take effect after such
period as the Administrator finds necessary to permit the
development and application of the requisite technology, giving
appropriate consideration to the cost of compliance within such
period.
(3)(A) In general. - (i) Unless the standard is changed as
provided in subparagraph (B), regulations under paragraph (1) of
this subsection applicable to emissions of hydrocarbons, carbon
monoxide, oxides of nitrogen, and particulate matter from classes
or categories of heavy-duty vehicles or engines manufactured during
or after model year 1983 shall contain standards which reflect the
greatest degree of emission reduction achievable through the
application of technology which the Administrator determines will
be available for the model year to which such standards apply,
giving appropriate consideration to cost, energy, and safety
factors associated with the application of such technology.
(ii) In establishing classes or categories of vehicles or engines
for purposes of regulations under this paragraph, the Administrator
may base such classes or categories on gross vehicle weight,
horsepower, type of fuel used, or other appropriate factors.
(B) Revised standards for heavy duty trucks. - (i) On the basis
of information available to the Administrator concerning the
effects of air pollutants emitted from heavy-duty vehicles or
engines and from other sources of mobile source related pollutants
on the public health and welfare, and taking costs into account,
the Administrator may promulgate regulations under paragraph (1) of
this subsection revising any standard promulgated under, or before
the date of, the enactment of the Clean Air Act Amendments of 1990
(or previously revised under this subparagraph) and applicable to
classes or categories of heavy-duty vehicles or engines.
(ii) Effective for the model year 1998 and thereafter, the
regulations under paragraph (1) of this subsection applicable to
emissions of oxides of nitrogen (NOx) from gasoline and diesel-
fueled heavy duty trucks shall contain standards which provide
that such emissions may not exceed 4.0 grams per brake horsepower
hour (gbh).
(C) Lead time and stability. - Any standard promulgated or
revised under this paragraph and applicable to classes or
categories of heavy-duty vehicles or engines shall apply for a
period of no less than 3 model years beginning no earlier than the
model year commencing 4 years after such revised standard is
promulgated.
(D) Rebuilding practices. - The Administrator shall study the
practice of rebuilding heavy-duty engines and the impact rebuilding
has on engine emissions. On the basis of that study and other
information available to the Administrator, the Administrator may
prescribe requirements to control rebuilding practices, including
standards applicable to emissions from any rebuilt heavy-duty
engines (whether or not the engine is past its statutory useful
life), which in the Administrator's judgment cause, or contribute
to, air pollution which may reasonably be anticipated to endanger
public health or welfare taking costs into account. Any regulation
shall take effect after a period the Administrator finds necessary
to permit the development and application of the requisite control
measures, giving appropriate consideration to the cost of
compliance within the period and energy and safety factors.
(E) Motorcycles. - For purposes of this paragraph, motorcycles
and motorcycle engines shall be treated in the same manner as heavy-
duty vehicles and engines (except as otherwise permitted under
section 7525(f)(1) (!1) of this title) unless the Administrator
promulgates a rule reclassifying motorcycles as light-duty vehicles
within the meaning of this section or unless the Administrator
promulgates regulations under subsection (a) of this section
applying standards applicable to the emission of air pollutants
from motorcycles as a separate class or category. In any case in
which such standards are promulgated for such emissions from
motorcycles as a separate class or category, the Administrator, in
promulgating such standards, shall consider the need to achieve
equivalency of emission reductions between motorcycles and other
motor vehicles to the maximum extent practicable.
(4)(A) Effective with respect to vehicles and engines
manufactured after model year 1978, no emission control device,
system, or element of design shall be used in a new motor vehicle
or new motor vehicle engine for purposes of complying with
requirements prescribed under this subchapter if such device,
system, or element of design will cause or contribute to an
unreasonable risk to public health, welfare, or safety in its
operation or function.
(B) In determining whether an unreasonable risk exists under
subparagraph (A), the Administrator shall consider, among other
factors, (i) whether and to what extent the use of any device,
system, or element of design causes, increases, reduces, or
eliminates emissions of any unregulated pollutants; (ii) available
methods for reducing or eliminating any risk to public health,
welfare, or safety which may be associated with the use of such
device, system, or element of design, and (iii) the availability of
other devices, systems, or elements of design which may be used to
conform to requirements prescribed under this subchapter without
causing or contributing to such unreasonable risk. The
Administrator shall include in the consideration required by this
paragraph all relevant information developed pursuant to section
7548 of this title.
(5)(A) If the Administrator promulgates final regulations which
define the degree of control required and the test procedures by
which compliance could be determined for gasoline vapor recovery of
uncontrolled emissions from the fueling of motor vehicles, the
Administrator shall, after consultation with the Secretary of
Transportation with respect to motor vehicle safety, prescribe, by
regulation, fill pipe standards for new motor vehicles in order to
insure effective connection between such fill pipe and any vapor
recovery system which the Administrator determines may be required
to comply with such vapor recovery regulations. In promulgating
such standards the Administrator shall take into consideration
limits on fill pipe diameter, minimum design criteria for nozzle
retainer lips, limits on the location of the unleaded fuel
restrictors, a minimum access zone surrounding a fill pipe, a
minimum pipe or nozzle insertion angle, and such other factors as
he deems pertinent.
(B) Regulations prescribing standards under subparagraph (A)
shall not become effective until the introduction of the model year
for which it would be feasible to implement such standards, taking
into consideration the restraints of an adequate leadtime for
design and production.
(C) Nothing in subparagraph (A) shall (i) prevent the
Administrator from specifying different nozzle and fill neck sizes
for gasoline with additives and gasoline without additives or (ii)
permit the Administrator to require a specific location,
configuration, modeling, or styling of the motor vehicle body with
respect to the fuel tank fill neck or fill nozzle clearance
envelope.
(D) For the purpose of this paragraph, the term "fill pipe" shall
include the fuel tank fill pipe, fill neck, fill inlet, and
closure.
(6) Onboard vapor recovery. - Within 1 year after November 15,
1990, the Administrator shall, after consultation with the
Secretary of Transportation regarding the safety of vehicle-based
("onboard") systems for the control of vehicle refueling emissions,
promulgate standards under this section requiring that new light-
duty vehicles manufactured beginning in the fourth model year
after the model year in which the standards are promulgated and
thereafter shall be equipped with such systems. The standards
required under this paragraph shall apply to a percentage of each
manufacturer's fleet of new light-duty vehicles beginning with the
fourth model year after the model year in which the standards are
promulgated. The percentage shall be as specified in the following
table:
IMPLEMENTATION SCHEDULE FOR ONBOARD VAPOR RECOVERY REQUIREMENTS
--------------------------------------------------------------------
Model year commencing after Percentage*
standards promulgated
--------------------------------------------------------------------
Fourth 40
Fifth 80
After Fifth 100
*Percentages in the table refer to a percentage of the
manufacturer's sales volume.
--------------------------------------------------------------------
The standards shall require that such systems provide a minimum
evaporative emission capture efficiency of 95 percent. The
requirements of section 7511a(b)(3) of this title (relating to
stage II gasoline vapor recovery) for areas classified under
section 7511 of this title as moderate for ozone shall not apply
after promulgation of such standards and the Administrator may, by
rule, revise or waive the application of the requirements of such
section 7511a(b)(3) of this title for areas classified under
section 7511 of this title as Serious, Severe, or Extreme for
ozone, as appropriate, after such time as the Administrator
determines that onboard emissions control systems required under
this paragraph are in widespread use throughout the motor vehicle
fleet.
(b) Emissions of carbon monoxide, hydrocarbons, and oxides of
nitrogen; annual report to Congress; waiver of emission
standards; research objectives
(1)(A) The regulations under subsection (a) of this section
applicable to emissions of carbon monoxide and hydrocarbons from
light-duty vehicles and engines manufactured during model years
1977 through 1979 shall contain standards which provide that such
emissions from such vehicles and engines may not exceed 1.5 grams
per vehicle mile of hydrocarbons and 15.0 grams per vehicle mile of
carbon monoxide. The regulations under subsection (a) of this
section applicable to emissions of carbon monoxide from light-duty
vehicles and engines manufactured during the model year 1980 shall
contain standards which provide that such emissions may not exceed
7.0 grams per vehicle mile. The regulations under subsection (a) of
this section applicable to emissions of hydrocarbons from light-
duty vehicles and engines manufactured during or after model year
1980 shall contain standards which require a reduction of at least
90 percent from emissions of such pollutant allowable under the
standards under this section applicable to light-duty vehicles and
engines manufactured in model year 1970. Unless waived as provided
in paragraph (5), regulations under subsection (a) of this section
applicable to emissions of carbon monoxide from light-duty vehicles
and engines manufactured during or after the model year 1981 shall
contain standards which require a reduction of at least 90 percent
from emissions of such pollutant allowable under the standards
under this section applicable to light-duty vehicles and engines
manufactured in model year 1970.
(B) The regulations under subsection (a) of this section
applicable to emissions of oxides of nitrogen from light-duty
vehicles and engines manufactured during model years 1977 through
1980 shall contain standards which provide that such emissions from
such vehicles and engines may not exceed 2.0 grams per vehicle
mile. The regulations under subsection (a) of this section
applicable to emissions of oxides of nitrogen from light-duty
vehicles and engines manufactured during the model year 1981 and
thereafter shall contain standards which provide that such
emissions from such vehicles and engines may not exceed 1.0 gram
per vehicle mile. The Administrator shall prescribe standards in
lieu of those required by the preceding sentence, which provide
that emissions of oxides of nitrogen may not exceed 2.0 grams per
vehicle mile for any light-duty vehicle manufactured during model
years 1981 and 1982 by any manufacturer whose production, by
corporate identity, for calendar year 1976 was less than three
hundred thousand light-duty motor vehicles worldwide if the
Administrator determines that -
(i) the ability of such manufacturer to meet emission standards
in the 1975 and subsequent model years was, and is, primarily
dependent upon technology developed by other manufacturers and
purchased from such manufacturers; and
(ii) such manufacturer lacks the financial resources and
technological ability to develop such technology.
(C) The Administrator may promulgate regulations under subsection
(a)(1) of this section revising any standard prescribed or
previously revised under this subsection, as needed to protect
public health or welfare, taking costs, energy, and safety into
account. Any revised standard shall require a reduction of
emissions from the standard that was previously applicable. Any
such revision under this subchapter may provide for a phase-in of
the standard. It is the intent of Congress that the numerical
emission standards specified in subsections (a)(3)(B)(ii), (g),
(h), and (i) of this section shall not be modified by the
Administrator after November 15, 1990, for any model year before
the model year 2004.
(2) Emission standards under paragraph (1), and measurement
techniques on which such standards are based (if not promulgated
prior to November 15, 1990), shall be promulgated by regulation
within 180 days after November 15, 1990.
(3) For purposes of this part -
(A)(i) The term "model year" with reference to any specific
calendar year means the manufacturer's annual production period
(as determined by the Administrator) which includes January 1 of
such calendar year. If the manufacturer has no annual production
period, the term "model year" shall mean the calendar year.
(ii) For the purpose of assuring that vehicles and engines
manufactured before the beginning of a model year were not
manufactured for purposes of circumventing the effective date of
a standard required to be prescribed by subsection (b) of this
section, the Administrator may prescribe regulations defining
"model year" otherwise than as provided in clause (i).
(B) Repealed. Pub. L. 101-549, title II, Sec. 230(1), Nov. 15,
1990, 104 Stat. 2529.
(C) The term "heavy duty vehicle" means a truck, bus, or other
vehicle manufactured primarily for use on the public streets,
roads, and highways (not including any vehicle operated
exclusively on a rail or rails) which has a gross vehicle weight
(as determined under regulations promulgated by the
Administrator) in excess of six thousand pounds. Such term
includes any such vehicle which has special features enabling off-
street or off-highway operation and use.
(3) (!2) Upon the petition of any manufacturer, the
Administrator, after notice and opportunity for public hearing, may
waive the standard required under subparagraph (B) of paragraph (1)
to not exceed 1.5 grams of oxides of nitrogen per vehicle mile for
any class or category of light-duty vehicles or engines
manufactured by such manufacturer during any period of up to four
model years beginning after the model year 1980 if the manufacturer
demonstrates that such waiver is necessary to permit the use of an
innovative power train technology, or innovative emission control
device or system, in such class or category of vehicles or engines
and that such technology or system was not utilized by more than 1
percent of the light-duty vehicles sold in the United States in the
1975 model year. Such waiver may be granted only if the
Administrator determines -
(A) that such waiver would not endanger public health,
(B) that there is a substantial likelihood that the vehicles or
engines will be able to comply with the applicable standard under
this section at the expiration of the waiver, and
(C) that the technology or system has a potential for long-term
air quality benefit and has the potential to meet or exceed the
average fuel economy standard applicable under the Energy Policy
and Conservation Act [42 U.S.C. 6201 et seq.] upon the expiration
of the waiver.
No waiver under this subparagraph (!3) granted to any manufacturer
shall apply to more than 5 percent of such manufacturer's
production or more than fifty thousand vehicles or engines,
whichever is greater.
(c) Feasibility study and investigation by National Academy of
Sciences; reports to Administrator and Congress; availability of
information
(1) The Administrator shall undertake to enter into appropriate
arrangements with the National Academy of Sciences to conduct a
comprehensive study and investigation of the technological
feasibility of meeting the emissions standards required to be
prescribed by the Administrator by subsection (b) of this section.
(2) Of the funds authorized to be appropriated to the
Administrator by this chapter, such amounts as are required shall
be available to carry out the study and investigation authorized by
paragraph (1) of this subsection.
(3) In entering into any arrangement with the National Academy of
Sciences for conducting the study and investigation authorized by
paragraph (1) of this subsection, the Administrator shall request
the National Academy of Sciences to submit semiannual reports on
the progress of its study and investigation to the Administrator
and the Congress, beginning not later than July 1, 1971, and
continuing until such study and investigation is completed.
(4) The Administrator shall furnish to such Academy at its
request any information which the Academy deems necessary for the
purpose of conducting the investigation and study authorized by
paragraph (1) of this subsection. For the purpose of furnishing
such information, the Administrator may use any authority he has
under this chapter (A) to obtain information from any person, and
(B) to require such person to conduct such tests, keep such
records, and make such reports respecting research or other
activities conducted by such person as may be reasonably necessary
to carry out this subsection.
(d) Useful life of vehicles
The Administrator shall prescribe regulations under which the
useful life of vehicles and engines shall be determined for
purposes of subsection (a)(1) of this section and section 7541 of
this title. Such regulations shall provide that except where a
different useful life period is specified in this subchapter useful
life shall -
(1) in the case of light duty vehicles and light duty vehicle
engines and light-duty trucks up to 3,750 lbs. LVW and up to
6,000 lbs. GVWR, be a period of use of five years or fifty
thousand miles (or the equivalent), whichever first occurs,
except that in the case of any requirement of this section which
first becomes applicable after November 15, 1990, where the
useful life period is not otherwise specified for such vehicles
and engines, the period shall be 10 years or 100,000 miles (or
the equivalent), whichever first occurs, with testing for
purposes of in-use compliance under section 7541 of this title up
to (but not beyond) 7 years or 75,000 miles (or the equivalent),
whichever first occurs;
(2) in the case of any other motor vehicle or motor vehicle
engine (other than motorcycles or motorcycle engines), be a
period of use set forth in paragraph (1) unless the Administrator
determines that a period of use of greater duration or mileage is
appropriate; and
(3) in the case of any motorcycle or motorcycle engine, be a
period of use the Administrator shall determine.
(e) New power sources or propulsion systems
In the event of a new power source or propulsion system for new
motor vehicles or new motor vehicle engines is submitted for
certification pursuant to section 7525(a) of this title, the
Administrator may postpone certification until he has prescribed
standards for any air pollutants emitted by such vehicle or engine
which in his judgment cause, or contribute to, air pollution which
may reasonably be anticipated to endanger the public health or
welfare but for which standards have not been prescribed under
subsection (a) of this section.
(f) (!4) High altitude regulations
(1) The high altitude regulation in effect with respect to model
year 1977 motor vehicles shall not apply to the manufacture,
distribution, or sale of 1978 and later model year motor vehicles.
Any future regulation affecting the sale or distribution of motor
vehicles or engines manufactured before the model year 1984 in high
altitude areas of the country shall take effect no earlier than
model year 1981.
(2) Any such future regulation applicable to high altitude
vehicles or engines shall not require a percentage of reduction in
the emissions of such vehicles which is greater than the required
percentage of reduction in emissions from motor vehicles as set
forth in subsection (b) of this section. This percentage reduction
shall be determined by comparing any proposed high altitude
emission standards to high altitude emissions from vehicles
manufactured during model year 1970. In no event shall regulations
applicable to high altitude vehicles manufactured before the model
year 1984 establish a numerical standard which is more stringent
than that applicable to vehicles certified under non-high altitude
conditions.
(3) Section 7607(d) of this title shall apply to any high
altitude regulation referred to in paragraph (2) and before
promulgating any such regulation, the Administrator shall consider
and make a finding with respect to -
(A) the economic impact upon consumers, individual high
altitude dealers, and the automobile industry of any such
regulation, including the economic impact which was experienced
as a result of the regulation imposed during model year 1977 with
respect to high altitude certification requirements;
(B) the present and future availability of emission control
technology capable of meeting the applicable vehicle and engine
emission requirements without reducing model availability; and
(C) the likelihood that the adoption of such a high altitude
regulation will result in any significant improvement in air
quality in any area to which it shall apply.
(g) Light-duty trucks up to 6,000 lbs. GVWR and light-duty
vehicles; standards for model years after 1993
(1) NMHC, CO, and NOx
Effective with respect to the model year 1994 and thereafter,
the regulations under subsection (a) of this section applicable
to emissions of nonmethane hydrocarbons (NMHC), carbon monoxide
(CO), and oxides of nitrogen (NOx) from light-duty trucks
(LDTs) of up to 6,000 lbs. gross vehicle weight rating (GVWR) and
light-duty vehicles (LDVs) shall contain standards which provide
that emissions from a percentage of each manufacturer's sales
volume of such vehicles and trucks shall comply with the levels
specified in table G. The percentage shall be as specified in the
implementation schedule below:
TABLE G - EMISSION STANDARDS FOR NMHC, CO, AND NO
--------------------------------------------------------------------
Vehicle type Column A Column B
(5 yrs/50,000 mi) (10 yrs/100,000 mi)
NMHC CO NOx NMHC CO NOx
--------------------------------------------------------------------
LDTs 0.25 3.4 0.4* 0.31 4.2 0.6*
(0-3,750
lbs. LVW)
and
light-duty
vehicles
LDTs 0.32 4.4 0.7** 0.40 5.5 0.97
(3,751-5,750
lbs. LVW)
Standards are expressed in grams per mile (gpm).
For standards under column A, for purposes of certification under
section 7525 of this title, the applicable useful life shall be 5
years or 50,000 miles (or the equivalent), whichever first occurs.
For standards under column B, for purposes of certification under
section 7525 of this title, the applicable useful life shall be 10
years or 100,000 miles (or the equivalent), whichever first occurs.
*In the case of diesel-fueled LDTs (0-3,750 lvw) and light-duty
vehicles, before the model year 2004, in lieu of the 0.4 and 0.6
standards for NOx, the applicable standards for NOx shall be
1.0 gpm for a useful life of 5 years or 50,000 miles (or the
equivalent), whichever first occurs, and 1.25 gpm for a useful life
of 10 years or 100,000 miles (or the equivalent) whichever first
occurs.
**This standard does not apply to diesel-fueled LDTs (3,751-5,750
lbs. LVW).
--------------------------------------------------------------------
IMPLEMENTATION SCHEDULE FOR TABLE G STANDARDS
--------------------------------------------------------------------
Model year Percentage*
--------------------------------------------------------------------
1994 40
1995 80
after 1995 100
*Percentages in the table refer to a percentage of each
manufacturer's sales volume.
--------------------------------------------------------------------
(2) PM Standard
Effective with respect to model year 1994 and thereafter in the
case of light-duty vehicles, and effective with respect to the
model year 1995 and thereafter in the case of light-duty trucks
(LDTs) of up to 6,000 lbs. gross vehicle weight rating (GVWR),
the regulations under subsection (a) of this section applicable
to emissions of particulate matter (PM) from such vehicles and
trucks shall contain standards which provide that such emissions
from a percentage of each manufacturer's sales volume of such
vehicles and trucks shall not exceed the levels specified in the
table below. The percentage shall be as specified in the
Implementation Schedule below.
PM STANDARD FOR LDTS OF UP TO 6,000 LBS. GVWR
--------------------------------------------------------------------
Useful life period Standard
--------------------------------------------------------------------
5/50,000 0.08 gpm
10/100,000 0.10 gpm
The applicable useful life, for purposes of certification under
section 7525 of this title and for purposes of in-use compliance
under section 7541 of this title, shall be 5 years or 50,000 miles
(or the equivalent), whichever first occurs, in the case of the
5/50,000 standard.
The applicable useful life, for purposes of certification under
section 7525 of this title and for purposes of in-use compliance
under section 7541 of this title, shall be 10 years or 100,000
miles (or the equivalent), whichever first occurs in the case of
the 10/100,000 standard.
--------------------------------------------------------------------
IMPLEMENTATION SCHEDULE FOR PM STANDARDS
--------------------------------------------------------------------
Model year Light-duty LDTs
vehicles
--------------------------------------------------------------------
1994 40%*
1995 80%* 40%*
1996 100%* 80%*
after 1996 100%* 100%*
*Percentages in the table refer to a percentage of each
manufacturer's sales volume.
--------------------------------------------------------------------
(h) Light-duty trucks of more than 6,000 lbs. GVWR; standards for
model years after 1995
Effective with respect to the model year 1996 and thereafter, the
regulations under subsection (a) of this section applicable to
emissions of nonmethane hydrocarbons (NMHC), carbon monoxide (CO),
oxides of nitrogen (NOx), and particulate matter (PM) from light-
duty trucks (LDTs) of more than 6,000 lbs. gross vehicle weight
rating (GVWR) shall contain standards which provide that emissions
from a specified percentage of each manufacturer's sales volume of
such trucks shall comply with the levels specified in table H. The
specified percentage shall be 50 percent in model year 1996 and 100
percent thereafter.
TABLE H - EMISSION STANDARDS FOR NMHC AND CO FROM GASOLINE AND
DIESEL FUELED LIGHT-DUTY TRUCKS OF MORE THAN 6,000 LBS. GVWR
--------------------------------------------------------------------
LDT Test Column A Column B
Weight (5 yrs/50,000 mi) (11 yrs/120,000 mi)
NMHC CO NOx NMHC CO NOx PM
--------------------------------------------------------------------
3,751- 0.32 4.4 0.7* 0.46 6.4 0.98 0.10
5,750
lbs. TW
Over 0.39 5.0 1.1* 0.56 7.3 1.53 0.12
5,750
lbs. TW
Standards are expressed in grams per mile (GPM).
For standards under column A, for purposes of certification under
section 7525 of this title, the applicable useful life shall be 5
years or 50,000 miles (or the equivalent) whichever first occurs.
For standards under column B, for purposes of certification under
section 7525 of this title, the applicable useful life shall be 11
years or 120,000 miles (or the equivalent), whichever first occurs.
*Not applicable to diesel-fueled LDTs.
--------------------------------------------------------------------
(i) Phase II study for certain light-duty vehicles and light-duty
trucks
(1) The Administrator, with the participation of the Office of
Technology Assessment, shall study whether or not further
reductions in emissions from light-duty vehicles and light-duty
trucks should be required pursuant to this subchapter. The study
shall consider whether to establish with respect to model years
commencing after January 1, 2003, the standards and useful life
period for gasoline and diesel-fueled light-duty vehicles and light-
duty trucks with a loaded vehicle weight (LVW) of 3,750 lbs. or
less specified in the following table:
TABLE 3 - PENDING EMISSION STANDARDS FOR GASOLINE AND DIESEL FUELED
LIGHT-DUTY VEHICLES AND LIGHT-DUTY TRUCKS 3,750 LBS. LVW OR LESS
--------------------------------------------------------------------
Pollutant Emission level*
--------------------------------------------------------------------
NMHC 0.125 GPM
NOx 0.2 GPM
CO 1.7 GPM
*Emission levels are expressed in grams per mile (GPM). For
vehicles and engines subject to this subsection for purposes of
subsection (d) of this section and any reference thereto, the
useful life of such vehicles and engines shall be a period of 10
years or 100,000 miles (or the equivalent), whichever first occurs.
--------------------------------------------------------------------
Such study shall also consider other standards and useful life
periods which are more stringent or less stringent than those set
forth in table 3 (but more stringent than those referred to in
subsections (g) and (h) of this section).
(2)(A) As part of the study under paragraph (1), the
Administrator shall examine the need for further reductions in
emissions in order to attain or maintain the national ambient air
quality standards, taking into consideration the waiver provisions
of section 7543(b) of this title. As part of such study, the
Administrator shall also examine -
(i) the availability of technology (including the costs
thereof), in the case of light-duty vehicles and light-duty
trucks with a loaded vehicle weight (LVW) of 3,750 lbs. or less,
for meeting more stringent emission standards than those provided
in subsections (g) and (h) of this section for model years
commencing not earlier than after January 1, 2003, and not later
than model year 2006, including the lead time and safety and
energy impacts of meeting more stringent emission standards; and
(ii) the need for, and cost effectiveness of, obtaining further
reductions in emissions from such light-duty vehicles and light-
duty trucks, taking into consideration alternative means of
attaining or maintaining the national primary ambient air quality
standards pursuant to State implementation plans and other
requirements of this chapter, including their feasibility and
cost effectiveness.
(B) The Administrator shall submit a report to Congress no later
than June 1, 1997, containing the results of the study under this
subsection, including the results of the examination conducted
under subparagraph (A). Before submittal of such report the
Administrator shall provide a reasonable opportunity for public
comment and shall include a summary of such comments in the report
to Congress.
(3)(A) Based on the study under paragraph (1) the Administrator
shall determine, by rule, within 3 calendar years after the report
is submitted to Congress, but not later than December 31, 1999,
whether -
(i) there is a need for further reductions in emissions as
provided in paragraph (2)(A);
(ii) the technology for meeting more stringent emission
standards will be available, as provided in paragraph (2)(A)(i),
in the case of light-duty vehicles and light-duty trucks with a
loaded vehicle weight (LVW) of 3,750 lbs. or less, for model
years commencing not earlier than January 1, 2003, and not later
than model year 2006, considering the factors listed in paragraph
(2)(A)(i); and
(iii) obtaining further reductions in emissions from such
vehicles will be needed and cost effective, taking into
consideration alternatives as provided in paragraph (2)(A)(ii).
The rulemaking under this paragraph shall commence within 3 months
after submission of the report to Congress under paragraph (2)(B).
(B) If the Administrator determines under subparagraph (A) that -

(i) there is no need for further reductions in emissions as
provided in paragraph (2)(A);
(ii) the technology for meeting more stringent emission
standards will not be available as provided in paragraph
(2)(A)(i), in the case of light-duty vehicles and light-duty
trucks with a loaded vehicle weight (LVW) of 3,750 lbs. or less,
for model years commencing not earlier than January 1, 2003, and
not later than model year 2006, considering the factors listed in
paragraph (2)(A)(i); or
(iii) obtaining further reductions in emissions from such
vehicles will not be needed or cost effective, taking into
consideration alternatives as provided in paragraph (2)(A)(ii),
the Administrator shall not promulgate more stringent standards
than those in effect pursuant to subsections (g) and (h) of this
section. Nothing in this paragraph shall prohibit the Administrator
from exercising the Administrator's authority under subsection (a)
of this section to promulgate more stringent standards for light-
duty vehicles and light-duty trucks with a loaded vehicle weight
(LVW) of 3,750 lbs. or less at any other time thereafter in
accordance with subsection (a) of this section.
(C) If the Administrator determines under subparagraph (A) that -

(i) there is a need for further reductions in emissions as
provided in paragraph (2)(A);
(ii) the technology for meeting more stringent emission
standards will be available, as provided in paragraph (2)(A)(i),
in the case of light-duty vehicles and light-duty trucks with a
loaded vehicle weight (LVW) of 3,750 lbs. or less, for model
years commencing not earlier than January 1, 2003, and not later
than model year 2006, considering the factors listed in paragraph
(2)(A)(i); and
(iii) obtaining further reductions in emissions from such
vehicles will be needed and cost effective, taking into
consideration alternatives as provided in paragraph (2)(A)(ii),
the Administrator shall either promulgate the standards (and useful
life periods) set forth in Table 3 in paragraph (1) or promulgate
alternative standards (and useful life periods) which are more
stringent than those referred to in subsections (g) and (h) of this
section. Any such standards (or useful life periods) promulgated by
the Administrator shall take effect with respect to any such
vehicles or engines no earlier than the model year 2003 but not
later than model year 2006, as determined by the Administrator in
the rule.
(D) Nothing in this paragraph shall be construed by the
Administrator or by a court as a presumption that any standards (or
useful life period) set forth in Table 3 shall be promulgated in
the rulemaking required under this paragraph. The action required
of the Administrator in accordance with this paragraph shall be
treated as a nondiscretionary duty for purposes of section
7604(a)(2) of this title (relating to citizen suits).
(E) Unless the Administrator determines not to promulgate more
stringent standards as provided in subparagraph (B) or to postpone
the effective date of standards referred to in Table 3 in paragraph
(1) or to establish alternative standards as provided in
subparagraph (C), effective with respect to model years commencing
after January 1, 2003, the regulations under subsection (a) of this
section applicable to emissions of nonmethane hydrocarbons (NMHC),
oxides of nitrogen (NOx), and carbon monoxide (CO) from motor
vehicles and motor vehicle engines in the classes specified in
Table 3 in paragraph (1) above shall contain standards which
provide that emissions may not exceed the pending emission levels
specified in Table 3 in paragraph (1).
(j) Cold CO standard
(1) Phase I
Not later than 12 months after November 15, 1990, the
Administrator shall promulgate regulations under subsection (a)
of this section applicable to emissions of carbon monoxide from
1994 and later model year light-duty vehicles and light-duty
trucks when operated at 20 degrees Fahrenheit. The regulations
shall contain standards which provide that emissions of carbon
monoxide from a manufacturer's vehicles when operated at 20
degrees Fahrenheit may not exceed, in the case of light-duty
vehicles, 10.0 grams per mile, and in the case of light-duty
trucks, a level comparable in stringency to the standard
applicable to light-duty vehicles. The standards shall take
effect after model year 1993 according to a phase-in schedule
which requires a percentage of each manufacturer's sales volume
of light-duty vehicles and light-duty trucks to comply with
applicable standards after model year 1993. The percentage shall
be as specified in the following table:
PHASE-IN SCHEDULE FOR COLD START STANDARDS
--------------------------------------------------------------------
Model Year Percentage
--------------------------------------------------------------------
1994 40
1995 80
1996 and after 100
--------------------------------------------------------------------
(2) Phase II
(A) Not later than June 1, 1997, the Administrator shall
complete a study assessing the need for further reductions in
emissions of carbon monoxide and the maximum reductions in such
emissions achievable from model year 2001 and later model year
light-duty vehicles and light-duty trucks when operated at 20
degrees Fahrenheit.
(B)(i) If as of June 1, 1997, 6 or more nonattainment areas
have a carbon monoxide design value of 9.5 ppm or greater, the
regulations under subsection (a)(1) of this section applicable to
emissions of carbon monoxide from model year 2002 and later model
year light-duty vehicles and light-duty trucks shall contain
standards which provide that emissions of carbon monoxide from
such vehicles and trucks when operated at 20 degrees Fahrenheit
may not exceed 3.4 grams per mile (gpm) in the case of light-duty
vehicles and 4.4 grams per mile (gpm) in the case of light-duty
trucks up to 6,000 GVWR and a level comparable in stringency in
the case of light-duty trucks 6,000 GVWR and above.
(ii) In determining for purposes of this subparagraph whether 6
or more nonattainment areas have a carbon monoxide design value
of 9.5 ppm or greater, the Administrator shall exclude the areas
of Steubenville, Ohio, and Oshkosh, Wisconsin.
(3) Useful-life for phase I and phase II standards
In the case of the standards referred to in paragraphs (1) and
(2), for purposes of certification under section 7525 of this
title and in-use compliance under section 7541 of this title, the
applicable useful life period shall be 5 years or 50,000 miles,
whichever first occurs, except that the Administrator may extend
such useful life period (for purposes of section 7525 of this
title, or section 7541 of this title, or both) if he determines
that it is feasible for vehicles and engines subject to such
standards to meet such standards for a longer useful life. If the
Administrator extends such useful life period, the Administrator
may make an appropriate adjustment of applicable standards for
such extended useful life. No such extended useful life shall
extend beyond the useful life period provided in regulations
under subsection (d) of this section.
(4) Heavy-duty vehicles and engines
The Administrator may also promulgate regulations under
subsection (a)(1) of this section applicable to emissions of
carbon monoxide from heavy-duty vehicles and engines when
operated at cold temperatures.
(k) Control of evaporative emissions
The Administrator shall promulgate (and from time to time revise)
regulations applicable to evaporative emissions of hydrocarbons
from all gasoline-fueled motor vehicles -
(1) during operation; and
(2) over 2 or more days of nonuse;
under ozone-prone summertime conditions (as determined by
regulations of the Administrator). The regulations shall take
effect as expeditiously as possible and shall require the greatest
degree of emission reduction achievable by means reasonably
expected to be available for production during any model year to
which the regulations apply, giving appropriate consideration to
fuel volatility, and to cost, energy, and safety factors associated
with the application of the appropriate technology. The
Administrator shall commence a rulemaking under this subsection
within 12 months after November 15, 1990. If final regulations are
not promulgated under this subsection within 18 months after
November 15, 1990, the Administrator shall submit a statement to
the Congress containing an explanation of the reasons for the delay
and a date certain for promulgation of such final regulations in
accordance with this chapter. Such date certain shall not be later
than 15 months after the expiration of such 18 month deadline.
(l) Mobile source-related air toxics
(1) Study
Not later than 18 months after November 15, 1990, the
Administrator shall complete a study of the need for, and
feasibility of, controlling emissions of toxic air pollutants
which are unregulated under this chapter and associated with
motor vehicles and motor vehicle fuels, and the need for, and
feasibility of, controlling such emissions and the means and
measures for such controls. The study shall focus on those
categories of emissions that pose the greatest risk to human
health or about which significant uncertainties remain, including
emissions of benzene, formaldehyde, and 1,3 butadiene. The
proposed report shall be available for public review and comment
and shall include a summary of all comments.
(2) Standards
Within 54 months after November 15, 1990, the Administrator
shall, based on the study under paragraph (1), promulgate (and
from time to time revise) regulations under subsection (a)(1) of
this section or section 7545(c)(1) of this title containing
reasonable requirements to control hazardous air pollutants from
motor vehicles and motor vehicle fuels. The regulations shall
contain standards for such fuels or vehicles, or both, which the
Administrator determines reflect the greatest degree of emission
reduction achievable through the application of technology which
will be available, taking into consideration the standards
established under subsection (a) of this section, the
availability and costs of the technology, and noise, energy, and
safety factors, and lead time. Such regulations shall not be
inconsistent with standards under subsection (a) of this section.
The regulations shall, at a minimum, apply to emissions of
benzene and formaldehyde.
(m) Emissions control diagnostics
(1) Regulations
Within 18 months after November 15, 1990, the Administrator
shall promulgate regulations under subsection (a) of this section
requiring manufacturers to install on all new light duty vehicles
and light duty trucks diagnostics systems capable of -
(A) accurately identifying for the vehicle's useful life as
established under this section, emission-related systems
deterioration or malfunction, including, at a minimum, the
catalytic converter and oxygen sensor, which could cause or
result in failure of the vehicles to comply with emission
standards established under this section,
(B) alerting the vehicle's owner or operator to the likely
need for emission-related components or systems maintenance or
repair,
(C) storing and retrieving fault codes specified by the
Administrator, and
(D) providing access to stored information in a manner
specified by the Administrator.
The Administrator may, in the Administrator's discretion,
promulgate regulations requiring manufacturers to install such
onboard diagnostic systems on heavy-duty vehicles and engines.
(2) Effective date
The regulations required under paragraph (1) of this subsection
shall take effect in model year 1994, except that the
Administrator may waive the application of such regulations for
model year 1994 or 1995 (or both) with respect to any class or
category of motor vehicles if the Administrator determines that
it would be infeasible to apply the regulations to that class or
category in such model year or years, consistent with
corresponding regulations or policies adopted by the California
Air Resources Board for such systems.
(3) State inspection
The Administrator shall by regulation require States that have
implementation plans containing motor vehicle inspection and
maintenance programs to amend their plans within 2 years after
promulgation of such regulations to provide for inspection of
onboard diagnostics systems (as prescribed by regulations under
paragraph (1) of this subsection) and for the maintenance or
repair of malfunctions or system deterioration identified by or
affecting such diagnostics systems. Such regulations shall not be
inconsistent with the provisions for warranties promulgated under
section 7541(a) and (b) of this title.
(4) Specific requirements
In promulgating regulations under this subsection, the
Administrator shall require -
(A) that any connectors through which the emission control
diagnostics system is accessed for inspection, diagnosis,
service, or repair shall be standard and uniform on all motor
vehicles and motor vehicle engines;
(B) that access to the emission control diagnostics system
through such connectors shall be unrestricted and shall not
require any access code or any device which is only available
from a vehicle manufacturer; and
(C) that the output of the data from the emission control
diagnostics system through such connectors shall be usable
without the need for any unique decoding information or device.
(5) Information availability
The Administrator, by regulation, shall require (subject to the
provisions of section 7542(c) of this title regarding the
protection of methods or processes entitled to protection as
trade secrets) manufacturers to provide promptly to any person
engaged in the repairing or servicing of motor vehicles or motor
vehicle engines, and the Administrator for use by any such
persons, with any and all information needed to make use of the
emission control diagnostics system prescribed under this
subsection and such other information including instructions for
making emission related diagnosis and repairs. No such
information may be withheld under section 7542(c) of this title
if that information is provided (directly or indirectly) by the
manufacturer to franchised dealers or other persons engaged in
the repair, diagnosing, or servicing of motor vehicles or motor
vehicle engines. Such information shall also be available to the
Administrator, subject to section 7542(c) of this title, in
carrying out the Administrator's responsibilities under this
section.
(f) (!5) Model years after 1990
For model years prior to model year 1994, the regulations under
subsection (a) of this section applicable to buses other than those
subject to standards under section 7554 of this title shall contain
a standard which provides that emissions of particulate matter (PM)
from such buses may not exceed the standards set forth in the
following table:
PM STANDARD FOR BUSES
--------------------------------------------------------------------
Model year Standard*
--------------------------------------------------------------------
1991 0.25
1992 0.25
1993 and thereafter 0.10
*Standards are expressed in grams per brake horsepower hour
(g/bhp/hr).
--------------------------------------------------------------------