Notes on 42 U.S.C. § 7521 : US Code - Notes

Search Notes on 42 U.S.C. § 7521 : US Code - Notes

(July 14, 1955, ch. 360, title II, Sec. 202, as added Pub. L. 89-
272, title I, Sec. 101(8), Oct. 20, 1965, 79 Stat. 992; amended
Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 499; Pub. L. 91-
604, Sec. 6(a), Dec. 31, 1970, 84 Stat. 1690; Pub. L. 93-319, Sec.
5, June 22, 1974, 88 Stat. 258; Pub. L. 95-95, title II, Secs. 201,
202(b), 213(b), 214(a), 215-217, 224(a), (b), (g), title IV, Sec.
401(d), Aug. 7, 1977, 91 Stat. 751-753, 758-761, 765, 767, 769,
791; Pub. L. 95-190, Sec. 14(a)(60)-(65), (b)(5), Nov. 16, 1977, 91
Stat. 1403, 1405; Pub. L. 101-549, title II, Secs. 201-207, 227(b),
230(1)-(5), Nov. 15, 1990, 104 Stat. 2472-2481, 2507, 2529.)
REFERENCES IN TEXT
The enactment of the Clean Air Act Amendments of 1990, referred
to in subsec. (a)(3)(B), probably means the enactment of Pub. L.
101-549, Nov. 15, 1990, 104 Stat. 2399, which was approved Nov. 15,
1990. For complete classification of this Act to the Code, see
Short Title note set out under section 7401 of this title and
Tables.
Section 7525(f)(1) of this title, referred to in subsec.
(a)(3)(E), was redesignated section 7525(f) of this title by Pub.
L. 101-549, title II, Sec. 230(8), Nov. 15, 1990, 104 Stat. 2529.
The Energy Policy and Conservation Act, referred to in subsec.
(b)(3)(C), is Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as
amended, which is classified principally to chapter 77 (Sec. 6201
et seq.) of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 6201 of this
title and Tables.
CODIFICATION
Section was formerly classified to section 1857f-1 of this title.
AMENDMENTS
1990 - Subsec. (a)(3)(A). Pub. L. 101-549, Sec. 201(1), added
subpar. (A) and struck out former subpar. (A) which related to
promulgation of regulations applicable to reduction of emissions
from heavy-duty vehicles or engines manufactured during and after
model year 1979 in the case of carbon monoxide, hydrocarbons, and
oxides of nitrogen, and from vehicles manufactured during and after
model year 1981 in the case of particulate matter.
Subsec. (a)(3)(B). Pub. L. 101-549, Sec. 201(1), added subpar.
(B) and struck out former subpar. (B) which read as follows:
"During the period of June 1 through December 31, 1978, in the case
of hydrocarbons and carbon monoxide, or during the period of June 1
through December 31, 1980, in the case of oxides of nitrogen, and
during each period of June 1 through December 31 of each third year
thereafter, the Administrator may, after notice and opportunity for
a public hearing promulgate regulations revising any standard
prescribed as provided in subparagraph (A)(ii) for any class or
category of heavy-duty vehicles or engines. Such standard shall
apply only for the period of three model years beginning four model
years after the model year in which such revised standard is
promulgated. In revising any standard under this subparagraph for
any such three model year period, the Administrator shall determine
the maximum degree of emission reduction which can be achieved by
means reasonably expected to be available for production of such
period and shall prescribe a revised emission standard in
accordance with such determination. Such revised standard shall
require a reduction of emissions from any standard which applies in
the previous model year."
Subsec. (a)(3)(C). Pub. L. 101-549, Sec. 201(1), added subpar.
(C) and struck out former subpar. (C) which read as follows:
"Action revising any standard for any period may be taken by the
Administrator under subparagraph (B) only if he finds -
"(i) that compliance with the emission standards otherwise
applicable for such model year cannot be achieved by technology,
processes, operating methods, or other alternatives reasonably
expected to be available for production for such model year
without increasing cost or decreasing fuel economy to an
excessive and unreasonable degree; and
"(ii) the National Academy of Sciences has not, pursuant to its
study and investigation under subsection (c) of this section,
issued a report substantially contrary to the findings of the
Administrator under clause (i)."
Subsec. (a)(3)(D). Pub. L. 101-549, Sec. 201(1), added subpar.
(D) and struck out former subpar. (D) which read as follows: "A
report shall be made to the Congress with respect to any standard
revised under subparagraph (B) which shall contain -
"(i) a summary of the health effects found, or believed to be
associated with, the pollutant covered by such standard,
"(ii) an analysis of the cost-effectiveness of other strategies
for attaining and maintaining national ambient air quality
standards and carrying out regulations under part C of subchapter
I (relating to significant deterioration) in relation to the cost-
effectiveness for such purposes of standards which, but for such
revision, would apply.
"(iii) a summary of the research and development efforts and
progress being made by each manufacturer for purposes of meeting
the standards promulgated as provided in subparagraph (A)(ii) or,
if applicable, subparagraph (E), and
"(iv) specific findings as to the relative costs of compliance,
and relative fuel economy, which may be expected to result from
the application for any model year of such revised standard and
the application for such model year of the standard, which, but
for such revision, would apply."
Subsec. (a)(3)(E), (F). Pub. L. 101-549, Sec. 201, redesignated
subpar. (F) as (E), inserted heading, and struck out former subpar.
(E) which read as follows:
"(i) The Administrator shall conduct a continuing pollutant-
specific study concerning the effects of each air pollutant
emitted from heavy-duty vehicles or engines and from other sources
of mobile source related pollutants on the public health and
welfare. The results of such study shall be published in the
Federal Register and reported to the Congress not later than June
1, 1978, in the case of hydrocarbons and carbon monoxide, and June
1, 1980, in the case of oxides of nitrogen, and before June 1 of
each third year thereafter.
"(ii) On the basis of such study and such other information as is
available to him (including the studies under section 7548 of this
title), the Administrator may, after notice and opportunity for a
public hearing, promulgate regulations under paragraph (1) of this
subsection changing any standard prescribed in subparagraph (A)(ii)
(or revised under subparagraph (B) or previously changed under this
subparagraph). No such changed standard shall apply for any model
year before the model year four years after the model year during
which regulations containing such changed standard are
promulgated."
Subsec. (a)(4)(A), (B). Pub. L. 101-549, Sec. 227(b), substituted
"requirements prescribed under this subchapter" for "standards
prescribed under this subsection".
Subsec. (a)(6). Pub. L. 101-549, Sec. 202, amended par. (6)
generally. Prior to amendment, par. (6) read as follows: "The
Administrator shall determine the feasibility and desirability of
requiring new motor vehicles to utilize onboard hydrocarbon control
technology which would avoid the necessity of gasoline vapor
recovery of uncontrolled emissions emanating from the fueling of
motor vehicles. The Administrator shall compare the costs and
effectiveness of such technology to that of implementing and
maintaining vapor recovery systems (taking into consideration such
factors as fuel economy, economic costs of such technology,
administrative burdens, and equitable distribution of costs). If
the Administrator finds that it is feasible and desirable to employ
such technology, he shall, after consultation with the Secretary of
Transportation with respect to motor vehicle safety, prescribe, by
regulation, standards requiring the use of onboard hydrocarbon
technology which shall not become effective until the introduction
to the model year for which it would be feasible to implement such
standards, taking into consideration compliance costs and the
restraints of an adequate lead time for design and production."
Subsec. (b)(1)(C). Pub. L. 101-549, Sec. 203(c), amended subpar.
(C) generally. Prior to amendment, subpar. (C) read as follows:
"Effective with respect to vehicles and engines manufactured after
model year 1978 (or in the case of heavy-duty vehicles or engines,
such later model year as the Administrator determines is the
earliest feasible model year), the test procedure promulgated under
paragraph (2) for measurement of evaporative emissions of
hydrocarbons shall require that such emissions be measured from the
vehicle or engine as a whole. Regulations to carry out this
subparagraph shall be promulgated not later than two hundred and
seventy days after August 7, 1977."
Subsec. (b)(2). Pub. L. 101-549, Sec. 203(d), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: "Emission
standards under paragraph (1), and measurement techniques on which
such standards are based (if not promulgated prior to December 31,
1970), shall be prescribed by regulation within 180 days after such
date."
Subsec. (b)(3). Pub. L. 101-549, Sec. 230(4), redesignated par.
(6) relating to waiver of standards for oxides of nitrogen as par.
(3), struck out subpar. (A) designation before "Upon the petition",
redesignated former cls. (i) to (iii) as subpars. (A) to (C),
respectively, and struck out former subpar. (B) which authorized
the Administrator to waive the standard under subsec. (b)(1)(B) of
this section for emissions of oxides of nitrogen from light-duty
vehicles and engines beginning in model year 1981 after providing
notice and opportunity for a public hearing, and set forth
conditions under which a waiver could be granted.
Subsec. (b)(3)(B). Pub. L. 101-549, Sec. 230(1), in the par. (3)
defining terms for purposes of this part struck out subpar. (B)
which defined "light duty vehicles and engines".
Subsec. (b)(4). Pub. L. 101-549, Sec. 230(2), struck out par. (4)
which read as follows: "On July 1 of 1971, and of each year
thereafter, the Administrator shall report to the Congress with
respect to the development of systems necessary to implement the
emission standards established pursuant to this section. Such
reports shall include information regarding the continuing effects
of such air pollutants subject to standards under this section on
the public health and welfare, the extent and progress of efforts
being made to develop the necessary systems, the costs associated
with development and application of such systems, and following
such hearings as he may deem advisable, any recommendations for
additional congressional action necessary to achieve the purposes
of this chapter. In gathering information for the purposes of this
paragraph and in connection with any hearing, the provisions of
section 7607(a) of this title (relating to subpenas) shall apply."
Subsec. (b)(5). Pub. L. 101-549, Sec. 230(3), struck out par. (5)
which related to waivers for model years 1981 and 1982 of the
effective date of the emissions standard required under par. (1)(A)
for carbon monoxide applicable to light-duty vehicles and engines
manufactured in those model years.
Subsec. (b)(6). Pub. L. 101-549, Sec. 230(4), redesignated par.
(6) as (3).
Subsec. (b)(7). Pub. L. 101-549, Sec. 230(5), struck out par. (7)
which read as follows: "The Congress hereby declares and
establishes as a research objective, the development of propulsion
systems and emission control technology to achieve standards which
represent a reduction of at least 90 per centum from the average
emissions of oxides of nitrogen actually measured from light duty
motor vehicles manufactured in model year 1971 not subject to any
Federal or State emission standard for oxides of nitrogen. The
Administrator shall, by regulations promulgated within one hundred
and eighty days after August 7, 1977, require each manufacturer
whose sales represent at least 0.5 per centum of light duty motor
vehicle sales in the United States, to build and, on a regular
basis, demonstrate the operation of light duty motor vehicles that
meet this research objective, in addition to any other applicable
standards or requirements for other pollutants under this chapter.
Such demonstration vehicles shall be submitted to the Administrator
no later than model year 1979 and in each model year thereafter.
Such demonstration shall, in accordance with applicable
regulations, to the greatest extent possible, (A) be designed to
encourage the development of new powerplant and emission control
technologies that are fuel efficient, (B) assure that the
demonstration vehicles are or could reasonably be expected to be
within the productive capability of the manufacturers, and (C)
assure the utilization of optimum engine, fuel, and emission
control systems."
Subsec. (d). Pub. L. 101-549, Sec. 203(b)(1), substituted
"provide that except where a different useful life period is
specified in this subchapter" for "provide that".
Subsec. (d)(1). Pub. L. 101-549, Sec. 203(b)(2), (3), inserted
"and light-duty trucks up to 3,750 lbs. LVW and up to 6,000 lbs.
GVWR" after "engines" and substituted for semicolon at end ",
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;".
Subsec. (f). Pub. L. 101-549, Sec. 207(b), added (after subsec.
(m) at end) subsec. (f) relating to regulations applicable to buses
for model years after 1990.
Subsecs. (g) to (i). Pub. L. 101-549, Sec. 203(a), added subsecs.
(g) to (i).
Subsecs. (j) to (m). Pub. L. 101-549, Secs. 204-207(a), added
subsecs. (j) to (m).
1977 - Subsec. (a)(1). Pub. L. 95-190, Sec. 14(a)(60),
restructured subsec. (a) by providing for designation of par. (1)
to precede "The Administrator" in place of "Except as".
Pub. L. 95-95, Sec. 401(d)(1), substituted "Except as otherwise
provided in subsection (b) of this section the Administrator" for
"The Administrator", "cause, or contribute to, air pollution which
may reasonably be anticipated to endanger public health or welfare"
for "causes or contributes to, or is likely to cause or contribute
to, air pollution which endangers the public health or welfare",
and "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" for "useful life (as
determined under subsection (d) of this section) whether such
vehicles and engines are designed as complete systems or
incorporated devices".
Subsec. (a)(2). Pub. L. 95-95, Sec. 214(a), substituted
"prescribed under paragraph (1) of this subsection" for "prescribed
under this subsection".
Subsec. (a)(3). Pub. L. 95-95, Sec. 224(a), added par. (3).
Subsec. (a)(3)(B). Pub. L. 95-190, Sec. 14(a)(61), (62),
substituted provisions setting forth applicable periods of from
June 1 through Dec. 31, 1978, June 1 through Dec. 31, 1980, and
during each period of June 1 through Dec. 31 of each third year
thereafter, for provisions setting forth applicable periods of from
June 1 through Dec. 31, 1979, and during each period of June 1
through Dec. 31 of each third year after 1979, and substituted
"from any" for "of from any".
Subsec. (a)(3)(E). Pub. L. 95-190, Sec. 14(a)(63), substituted
"1978, in the case of hydrocarbons and carbon monoxide, and June 1,
1980, in the case of oxides of nitrogen" for "1979,".
Subsec. (a)(4). Pub. L. 95-95, Sec. 214(a), added par. (4).
Subsec. (a)(5). Pub. L. 95-95, Sec. 215, added par. (5).
Subsec. (a)(6). Pub. L. 95-95, Sec. 216, added par. (6).
Subsec. (b)(1)(A). Pub. L. 95-95, Sec. 201(a), substituted
provisions setting the standards for emissions from light-duty
vehicles and engines manufactured during the model years 1977
through 1980 for provisions which had set the standards for
emissions from light-duty vehicles and engines manufactured during
the model years 1975 and 1976, substituted "model year 1980" for
"model year 1977" in provisions requiring a reduction of at least
90 per centum from the emissions allowable under standards for
model year 1970, and inserted provisions that, unless waived as
provided in par. (5), the standards for vehicles and engines
manufactured during or after the model year 1981 represent a
reduction of at least 90 per centum from the emissions allowable
under standards for model year 1970.
Subsec. (b)(1)(B). Pub. L. 95-190, Sec. 14(a)(64), (65),
substituted "calendar year 1976" for "model year 1976" and in cl.
(i) substituted "other" for "United States".
Pub. L. 95-95, Sec. 201(b), substituted provisions setting the
standards for emissions from light-duty vehicles and engines
manufactured during the model years 1977 through 1980 for
provisions which had set the standards for emissions from light-
duty vehicles and engines manufactured during the model years 1975
through 1977, substituted provisions that the standards for model
years 1981 and after allow emissions of no more than 1.0 gram per
vehicle mile for provisions that the standards for model year 1978
and after require a reduction of at least 90 per centum from the
average of emissions actually measured from light-duty vehicles
manufactured during model year 1971 which were not subject to any
Federal or State emission standards for oxides of nitrogen, and
inserted provisions directing the Administrator to prescribe
separate standards for model years 1981 and 1982 for manufacturers
whose production, by corporate identity, for model year 1976 was
less than three hundred thousand light-duty motor vehicles
worldwide if the manufacturer's capability to meet emission
standards depends upon United States technology and if the
manufacturer cannot develop one.
Subsec. (b)(1)(C). Pub. L. 95-95, Sec. 217, added subpar. (C).
Subsec. (b)(3)(C). Pub. L. 95-95, Sec. 224(b), added subpar. (C).
Subsec. (b)(5). Pub. L. 95-95, Sec. 201(c), substituted
provisions setting up a procedure under which a manufacturer may
apply for a waiver for model years 1981 and 1982 of the effective
date of the emission standards for carbon monoxide required by par.
(1)(A) for provisions which had set up a procedure under which a
manufacturer, after Jan. 1, 1975, could apply for a one-year
suspension of the effective date of any emission standard required
by par. (1)(A) for model year 1977.
Subsec. (b)(6). Pub. L. 95-95, Sec. 201(c), added par. (6).
Subsec. (b)(7). Pub. L. 95-95, Sec. 202(b), added par. (7).
Subsec. (d)(2). Pub. L. 95-95, Sec. 224(g), as amended by Pub. L.
95-190, Sec. 14(b)(5), to correct typographical error in directory
language, inserted "(other than motorcycles or motorcycle engines)"
after "motor vehicle or motor vehicle engine".
Subsec. (d)(3). Pub. L. 95-95, Sec. 224(g), added par. (3).
Subsec. (e). Pub. L. 95-95, Sec. 401(d)(2), substituted "which in
his judgment cause, or contribute to, air pollution which may
reasonably be anticipated to endanger" for "which cause or
contribute to, or are likely to cause or contribute to, air
pollution which endangers".
Subsec. (f). Pub. L. 95-95, Sec. 213(b), added subsec. (f).
1974 - Subsec. (b)(1)(A). Pub. L. 93-319, Sec. 5(a), substituted
"model year 1977" for "model year 1975" in provisions requiring a
reduction of at least 90 per centum from the emissions allowable
under standards for model year 1970 and inserted provisions
covering regulations for model years 1975 and 1976.
Subsec. (b)(1)(B). Pub. L. 93-319, Sec. 5(b), substituted "model
year 1978" for "model year 1976" in provisions requiring a
reduction of at least 90 per centum from the average of emissions
actually measured from vehicles manufactured during model year 1971
and inserted provisions covering regulations for model years 1975,
1976, and 1977.
Subsec. (b)(5). Pub. L. 93-319, Sec. 5(c), (d), substituted in
subpar. (A), "At any time after January 1, 1975" for "At any time
after January 1, 1972", "with respect to such manufacturer for
light-duty vehicles and engines manufactured in model year 1977"
for "with respect to such manufacturer", "sixty days" for "60
days", "paragraph (1)(A) of this subsection" for "paragraph
(1)(A)", and "vehicles and engines manufactured during model year
1977" for "vehicles and engines manufactured during model year
1975", redesignated subpars. (C) to (E) as (B) to (D),
respectively, and struck out former subpar. (B) which had allowed
manufacturers, at any time after Jan. 1, 1973, to file with the
Administrator an application requesting a 1-year suspension of the
effective date of any emission standard required by subsec.
(b)(1)(B) with respect to such manufacturer.
1970 - Subsec. (a). Pub. L. 91-604 redesignated existing
provisions as par. (1), substituted Administrator for Secretary as
the issuing authority for standards, inserted references to the
useful life of engines, and substituted the emission of any air
pollutant for the emission of any kind of substance as the subject
to be regulated, and added par. (2).
Subsec. (b). Pub. L. 91-604 added subsec. (b). Former subsec. (b)
redesignated as par. (2) of subsec. (a).
Subsecs. (c) to (e). Pub. L. 91-604 added subsecs. (c) to (e).
1967 - Pub. L. 90-148 reenacted section without change.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except 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, CERTIFICATIONS, AUTHORIZATIONS,
DELEGATIONS, AND OTHER ACTIONS
All rules, regulations, orders, determinations, contracts,
certifications, authorizations, delegations, or other actions duly
issued, made, or taken by or pursuant 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 ON OXIDES OF NITROGEN FROM LIGHT-DUTY VEHICLES
Section 202(a) of Pub. L. 95-95 provided that the Administrator
of the Environmental Protection Agency conduct a study of the
public health implications of attaining an emission standard on
oxides of nitrogen from light-duty vehicles of 0.4 gram per vehicle
mile, the cost and technological capability of attaining such
standard, and the need for such a standard to protect public health
or welfare and that the Administrator submit a report of such study
to the Congress, together with recommendations not later than July
1, 1980.
STUDY OF CARBON MONOXIDE INTRUSION INTO SUSTAINED-USE VEHICLES
Section 226 of Pub. L. 95-95 provided that the Administrator, in
conjunction with the Secretary of Transportation, study the problem
of carbon monoxide intrusion into the passenger area of sustained-
use motor vehicles and that within one year the Administrator
report to the Congress respecting the results of such study.
CONTINUING COMPREHENSIVE STUDIES AND INVESTIGATIONS BY NATIONAL
ACADEMY OF SCIENCES
Section 403(f) of Pub. L. 95-95 provided that: "The Administrator
of the Environmental Protection Agency shall undertake to enter
into appropriate arrangements with the National Academy of Sciences
to conduct continuing comprehensive studies and investigations of
the effects on public health and welfare of emissions subject to
section 202(a) of the Clean Air Act [subsec. (a) of this section]
(including sulfur compounds) and the technological feasibility of
meeting emission standards required to be prescribed by the
Administrator by section 202(b) of such Act [subsec. (b) of this
section]. The Administrator shall report to the Congress within six
months of the date of enactment of this section [Aug. 7, 1977] and
each year thereafter regarding the status of the contractual
arrangements and conditions necessary to implement this paragraph."
[For termination, effective May 15, 2000, of provisions relating
to annual report to Congress in section 403(f) of Pub. L. 95-95,
set out above, see section 3003 of Pub. L. 104-66, as amended, set
out as a note under section 1113 of Title 31, Money and Finance,
and the 2nd item on page 165 of House Document No. 103-7.]
STUDY ON EMISSION OF SULFUR-BEARING COMPOUNDS FROM MOTOR VEHICLES
AND MOTOR VEHICLE AND AIRCRAFT ENGINES
Section 403(g) of Pub. L. 95-95 provided that the Administrator
of the Environmental Protection Agency conduct a study and report
to the Congress by the date one year after Aug. 7, 1977, on the
emission of sulfur-bearing compounds from motor vehicles and motor
vehicle engines and aircraft engines.
(!1) See References in Text note below.
(!2) So in original. Probably should be "(4)".
(!3) So in original. Probably should be "paragraph".
(!4) Another subsec. (f) is set out after subsec. (m).
(!5) So in original. Probably should be "(n)".