42 U.S.C. § 7543 : US Code - Section 7543: State standards

Search 42 U.S.C. § 7543 : US Code - Section 7543: State standards

(a) Prohibition
No State or any political subdivision thereof shall adopt or
attempt to enforce any standard relating to the control of
emissions from new motor vehicles or new motor vehicle engines
subject to this part. No State shall require certification,
inspection, or any other approval relating to the control of
emissions from any new motor vehicle or new motor vehicle engine as
condition precedent to the initial retail sale, titling (if any),
or registration of such motor vehicle, motor vehicle engine, or
equipment.
(b) Waiver
(1) The Administrator shall, after notice and opportunity for
public hearing, waive application of this section to any State
which has adopted standards (other than crankcase emission
standards) for the control of emissions from new motor vehicles or
new motor vehicle engines prior to March 30, 1966, if the State
determines that the State standards will be, in the aggregate, at
least as protective of public health and welfare as applicable
Federal standards. No such waiver shall be granted if the
Administrator finds that -
(A) the determination of the State is arbitrary and capricious,
(B) such State does not need such State standards to meet
compelling and extraordinary conditions, or
(C) such State standards and accompanying enforcement
procedures are not consistent with section 7521(a) of this title.
(2) If each State standard is at least as stringent as the
comparable applicable Federal standard, such State standard shall
be deemed to be at least as protective of health and welfare as
such Federal standards for purposes of paragraph (1).
(3) In the case of any new motor vehicle or new motor vehicle
engine to which State standards apply pursuant to a waiver granted
under paragraph (1), compliance with such State standards shall be
treated as compliance with applicable Federal standards for
purposes of this subchapter.
(c) Certification of vehicle parts or engine parts
Whenever a regulation with respect to any motor vehicle part or
motor vehicle engine part is in effect under section 7541(a)(2) of
this title, no State or political subdivision thereof shall adopt
or attempt to enforce any standard or any requirement of
certification, inspection, or approval which relates to motor
vehicle emissions and is applicable to the same aspect of such
part. The preceding sentence shall not apply in the case of a State
with respect to which a waiver is in effect under subsection (b) of
this section.
(d) Control, regulation, or restrictions on registered or licensed
motor vehicles
Nothing in this part shall preclude or deny to any State or
political subdivision thereof the right otherwise to control,
regulate, or restrict the use, operation, or movement of registered
or licensed motor vehicles.
(e) Nonroad engines or vehicles
(1) Prohibition on certain State standards
No State or any political subdivision thereof shall adopt or
attempt to enforce any standard or other requirement relating to
the control of emissions from either of the following new nonroad
engines or nonroad vehicles subject to regulation under this
chapter -
(A) New engines which are used in construction equipment or
vehicles or used in farm equipment or vehicles and which are
smaller than 175 horsepower.
(B) New locomotives or new engines used in locomotives.
Subsection (b) of this section shall not apply for purposes of
this paragraph.
(2) Other nonroad engines or vehicles
(A) In the case of any nonroad vehicles or engines other than
those referred to in subparagraph (A) or (B) of paragraph (1),
the Administrator shall, after notice and opportunity for public
hearing, authorize California to adopt and enforce standards and
other requirements relating to the control of emissions from such
vehicles or engines if California determines that California
standards will be, in the aggregate, at least as protective of
public health and welfare as applicable Federal standards. No
such authorization shall be granted if the Administrator finds
that -
(i) the determination of California is arbitrary and
capricious,
(ii) California does not need such California standards to
meet compelling and extraordinary conditions, or
(iii) California standards and accompanying enforcement
procedures are not consistent with this section.
(B) Any State other than California which has plan provisions
approved under part D of subchapter I of this chapter may adopt
and enforce, after notice to the Administrator, for any period,
standards relating to control of emissions from nonroad vehicles
or engines (other than those referred to in subparagraph (A) or
(B) of paragraph (1)) and take such other actions as are referred
to in subparagraph (A) of this paragraph respecting such vehicles
or engines if -
(i) such standards and implementation and enforcement are
identical, for the period concerned, to the California
standards authorized by the Administrator under subparagraph
(A), and
(ii) California and such State adopt such standards at least
2 years before commencement of the period for which the
standards take effect.
The Administrator shall issue regulations to implement this
subsection.