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(continued)
within 2 years after the date of the enactment of the Clean
Air Act Amendments of 1990, which provides that the term
"major stationary source" includes (in addition to the
sources described in section 302) any stationary source
which emits, or has the potential to emit, 50 tons per year
or more of carbon monoxide.
(2) Waivers for certain areas.- The Administrator may, on
a case-by-case basis, waive any requirements that pertain to
transportation controls, inspection and maintenance, or
oxygenated fuels where the Administrator determines by rule
that mobile sources of carbon monoxide do not contribute
significantly to carbon monoxide levels in the area.
(3) Guidelines.- Within 6 months after the date of the
enactment of the Clean Air Act Amendments of 1990, the
Administrator shall issue guidelines for and rules determin-
ing whether stationary sources contribute significantly to
carbon monoxide levels in an area.
(d) CO Milestone.-
(1) Milestone demonstration.- By March 31, 1996, each
State in which all or part of a Serious Area is located
shall submit to the Administrator a demonstration that the
area has achieved a reduction in emissions of CO equivalent
to the total of the specific annual emission reductions
required by
December 31, 1995. Such reductions shall be referred to in
this subsection asthe milestone.
(2) Adequacy of demonstration.- A demonstration under this
paragraph shall be submitted in such form and manner, and
shall contain such information and analysis, as the Adminis-
trator shall require. The Administrator shall determine
whether or not a State's demonstration is adequate within 90
days after the Administrator's receipt of a demonstration

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which contains the information and analysis required by the
Administrator.
(3) Failure to meet emission reduction milestone.- If a
State fails to submit a demonstration under paragraph (1)
within the required period, or if the Administrator notifies
the State that the State has not met the milestone, the
State shall, within 9 months after such a failure or
notification, submit a plan revision to implement an
economic incentive and transportation control program as
described in section 182(g)(4). Such revision shall be
sufficient to achieve the specific annual reductions in
carbon monoxide emissions set forth in the plan by the
attainment date.
(e) Multi-State CO Nonattainment Areas.-
(1) Coordination among states.-Each State in which there
is located a portion of a single nonattainment area for
carbon monoxide which covers more than one State ("multi-
-State nonattainment area") shall take all reasonable steps
to coordinate, substantively and procedurally, the revisions
and implementation of State implementation plans applicable
to the nonattainment area concerned. The Administrator may
not approve any revision of a State implementation plan
submitted under this part for a State in which part of a
multi-State nonattainment area is located if the plan
revision for that State fails to comply with the
requirements of this subsection.
(2) Failure to demonstrate attainment.- If any State in
which there is located a portion of a multi-State nonattain-
ment area fails to provide a demonstration of attainment of
the national ambient air quality standard for carbon
monoxide in that portion within the period required under
this part the State may petition the Administrator to make a
finding that the State would have been able to make such
demonstration but for the failure of one or more other
States in which other portions of the area are located to
commit to the implementation of all measures required under
section 187 (relating to plan submissions for carbon
monoxide nonattainment areas). If the Administrator makes
such finding, in the portion of the nonattainment area
within the State submitting such petition, no sanction shall
be imposed under section 179 or under any other provision of
this Act, by reason of the failure to make such
demonstration.
(f) Reclassified Areas.- Each State containing a carbon
monoxide nonattainment area reclassified under section 186(b)(2)
shall meet the requirements of subsection (b) of this section, as
may be applicable to the area as reclassified, according to the
schedules prescribed in connection with such requirements, except
that the Administrator may adjust any applicable deadlines (other
than the attainment date) where such deadlines are shown to be
infeasible.
(g) Failure of Serious Area to Attain Standard.- If the
Administrator determines under section 186(b)(2) that the
national primary ambient air quality standard for carbon monoxide
has not been attained in a Serious Area by the applicable

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attainment date, the State shall submit a plan revision for the
area within 9 months after the date of such determination. The
plan revision shall provide that a program of incentives and
requirements as described in section 182(g)(4) shall be
applicable in the area, and such program, in combination with
other elements of the revised plan, shall be adequate to reduce
the total tonnage of emissions of carbon monoxide in the area by
at least 5 percent per year in each year after approval of the
plan revision and before attainment of the national primary
ambient air quality standard for carbon monoxide.
[42 U.S.C. 7512a]

SUBPART 4-ADDITIONAL PROVISIONS FOR PARTICULATE MATTER
NONATTAINMENT AREAS

Sec. 188. Classifications and attainment dates.
Sec. 189. Plan provisions and schedules for plan submissions.
Sec. 190. Issuance of guidance.
SEC. 188. CLASSIFICATIONS AND ATTAINMENT DATES.
(a) Initial Classifications.- Every area designated nonattain-
ment for PM-10 pursuant to section 107(d) shall be classified at
the time of such designation, by operation of law, as a moderate
PM-10 nonattainment area (also referred to in this subpart as a
"Moderate Area") at the time of such designation. At the time of
publication of the notice under section 107(d)(4) (relating to
area designations) for each PM-10 nonattainment area, the
Administrator shall publish a notice announcing the
classification of such area. The provisions of section
172(a)(1)(B) (relating to lack of notice-and-comment and judicial
review) shall apply with respect to such classification.
(b) Reclassification as Serious.-
(1) Reclassification before attainment date.- The Adminis-
trator may reclassify as a Serious PM-10 nonattainment area
(identified in this subpart also as a "Serious Area") any
area that the Administrator determines cannot practicably
attain the national ambient air quality standard for PM-10
by the attainment date (as prescribed in subsection (c)) for
Moderate Areas. The Administrator shall reclassify appropri-
ate areas as Serious by the following dates:
(A) For areas designated nonattainment for PM-10
under section 107(d)(4), the Administrator shall
propose to reclassify appropriate areas by June 30,
1991, and take final action by December 31, 1991.
(B) For areas subsequently designated nonattainment,
the Administrator shall reclassify appropriate areas
within 18 months after the required date for the
State's submission of a SIP for the Moderate Area.
(2) Reclassification upon failure to attain.- Within 6
months following the applicable attainment date for a PM-10
nonattainment area, the Administrator shall determine
whether the area attained the standard by that date. If the
Administrator finds that any Moderate Area is not in
attainment after the applicable attainment date-
(A) the area shall be reclassified by operation of
law as a Serious Area; and

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(B) the Administrator shall publish a notice in the
Federal Register no later than 6 months following the
attainment date, identifying the area as having failed
to attain and identifying the reclassification
described under subparagraph (A).
(c) Attainment Dates.- Except as provided under subsection (d),
the attainment dates for PM-10 nonattainment areas shall be as
follows:
(1) Moderate areas.- For a Moderate Area, the attainment
date shall be as expeditiously as practicable but no later
than the end of the sixth calendar year after the area's
designation as nonattainment, except that, for areas desig-
nated nonattainment for PM-10 under section 107(d)(4), the
attainment date shall not extend beyond December 31, 1994.
(2) Serious areas.- For a Serious Area, the attainment
date shall be as expeditiously as practicable but no later
than the end of the tenth calendar year beginning after the
area's designation as nonattainment, except that, for areas
designated nonattainment for PM-10 under section 107(d)(4),
the date shall not extend beyond December 31, 2001.
(d) Extension of Attainment Date for Moderate Areas.- Upon
application by any State, the Administrator may extend for 1
additional year (hereinafter referred to as the "Extension Year")
the date specified in paragraph (c)(1) if-
(1) the State has complied with all requirements and
commitments pertaining to the area in the applicable imple-
mentation plan; and
(2) no more than one exceedance of the 24-hour national
ambient air quality standard level for PM-10 has occurred in
the area in the year preceding the Extension Year, and the
annual mean concentration of PM-10 in the area for such year
is less than or equal to the standard level.
No more than 2 one-year extensions may be issued under the
subsection for a single nonattainment area.
(e) Extension of Attainment Date for Serious Areas.- Upon
application by any State, the Administrator may extend the
attainment date for a Serious Area beyond the date specified
under subsection (c), if attainment by the date established under
subsection (c) would be impracticable, the State has complied
with all requirements and commitments pertaining to that area in
the implementation plan, and the State demonstrates to the
satisfaction of the Administrator that the plan for that area
includes the most stringent measures that are included in the
implementation plan of any State or are achieved in practice in
any State, and can feasibly be implemented in the area. At the
time of such
application, the State must submit a revision to the implementa-
tion plan that includes a demonstration of attainment by the most
expeditious alternative date practicable. In determining whether
to grant an extension, and the appropriate length of time for any
such extension, the Administrator may consider the nature and
extent of nonattainment, the types and numbers of sources or
other emitting activities in the area (including the influence of
uncontrollable natural sources and transboundary emissions from
foreign countries), the population exposed to concentrations in

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excess of the standard, the presence and concentration of
potentially toxic substances in the mix of particulate emissions
in the area, and the technological and economic feasibility of
various control measures. The Administrator may not approve an
extension until the State submits an attainment demonstration for
the area. The Administrator may grant at most one such extension
for an area, of no more than 5 years.
(f) Waivers for Certain Areas.- The Administrator may, on a
case-by-case basis, waive any requirement applicable to any
Serious Area under this subpart where the Administrator
determines that anthropogenic sources of PM-10 do not contribute
significantly to the violation of the PM-10 standard in the area.
The Administrator may also waive a specific date for attainment
of the standard where the Administrator determines that
nonanthropogenic sources of PM-10 contribute significantly to the
violation of the PM-10 standard in the area.
[42 U.S.C. 7513]
SEC. 189. PLAN PROVISIONS AND SCHEDULES FOR PLAN SUBMISSIONS.
(a) Moderate Areas.-
(1) Plan provisions.- Each State in which all or part of a
Moderate Area is located shall submit, according to the
applicable schedule under paragraph (2), an implementation
plan that includes each of the following:
(A) For the purpose of meeting the requirements of
section 172(c)(5), a permit program providing that
permits meeting the requirements of section 173 are
required for the construction and operation of new and
modified major stationary sources of PM-10.
(B) Either (i) a demonstration (including air quality
modeling) that the plan will provide for attainment by
the applicable attainment date; or (ii) a demonstration
that attainment by such date is impracticable.
(C) Provisions to assure that reasonably available
control measures for the control of PM-10 shall be
implemented no later than December 10, 1993, or 4 years
after designation in the case of an area classified as
moderate after the date of the enactment of the Clean
Air Act Amendments of 1990.
(2) Schedule for plan submissions.- A State shall submit
the plan required under subparagraph (1) no later than the
following:
(A) Within 1 year of the date of the enactment of the
Clean Air Act Amendments of 1990, for areas designated
nonattainment under section 107(d)(4), except that the
provision required under subparagraph (1)(A) shall be
submitted no later than June 30, 1992.
(B) 18 months after the designation as nonattainment,
for those areas designated nonattainment after the
designations prescribed under section 107(d)(4).
(b) Serious Areas.-
(1) Plan provisions.- In addition to the provisions
submitted to meet the requirements of paragraph (a)(1)
(re-lating to Moderate Areas), each State in which all or
part of a Serious Area is located shall submit an


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implementation plan for such area that includes each of
the following:
(A) A demonstration (including air quality modeling)-
(i) that the plan provides for attainment of the
PM-10 national ambient air quality standard by the
applicable attainment date, or
(ii) for any area for which the State is seek-
ing, pursuant to section 188(e), an extension of
the attainment date beyond the date set forth in
section 188(c), that attainment by that date would
be impracticable, and that the plan provides for
attainment by the most expeditious alternative
date practicable.
(B) Provisions to assure that the best available
control measures for the control of PM-10 shall be
implemented no later than 4 years after the date the
area is classified (or reclassified) as a Serious Area.
(2) Schedule for plan submissions.- A State shall submit
the demonstration required for an area under paragraph
(1)(A) no later than 4 years after reclassification of the
area to Serious, except that for areas reclassified under
section 188(b)(2), the State shall submit the attainment
demonstration within 18 months after reclassification to
Serious. A State shall submit the provisions described under
paragraph (1)(B) no later than 18 months after
reclassification of the area as a Serious Area.
(3) Major sources.- For any Serious Area, the terms "major
source" and "major stationary source" include any stationary
source or group of stationary sources located within a
contiguous area and under common control that emits, or has
the potential to emit, at least 70 tons per year of PM-10.
(c) Milestones.- (1) Plan revisions demonstrating attainment
submitted to the Administrator for approval under this subpart
shall contain quantitative milestones which are to be achieved
every 3 years until the area is redesignated attainment and which
demonstrate reasonable further progress, as defined in section
171(1), toward attainment by the applicable date.
(2) Not later than 90 days after the date on which a milestone
applicable to the area occurs, each State in which all or part of
such area is located shall submit to the Administrator a demon-
stration that all measures in the plan approved under this
section have been implemented and that the milestone has been
met. A dem-onstration under this subsection shall be submitted in
such form and manner, and shall contain such information and
analysis, as the Administrator shall require. The Administrator
shall determine whether or not a State's demonstration under this
subsection
is adequate within 90 days after the Administrator's receipt of a
demonstration which contains the information and analysis
required by the Administrator.
(3) If a State fails to submit a demonstration under paragraph
(2) with respect to a milestone within the required period or if
the Administrator determines that the area has not met any
applicable milestone, the Administrator shall require the State,
within 9 months after such failure or determination to submit a

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plan revision that assures that the State will achieve the next
milestone (or attain the national ambient air quality standard
for PM-10, if there is no next milestone) by the applicable date.
(d) Failure To Attain.- In the case of a Serious PM-10 nonat-
tainment area in which the PM-10 standard is not attained by the
applicable attainment date, the State in which such area is
located shall, after notice and opportunity for public comment,
submit within 12 months after the applicable attainment date,
plan revisions which provide for attainment of the PM-10 air
quality standard and, from the date of such submission until
attainment, for an annual reduction in PM-10 or PM-10 precursor
emissions within the area of not less than 5 percent of the
amount of such emissions as reported in the most recent inventory
prepared for such area.
(e) PM09 10 Precursors.- The control requirements applicable
under plans in effect under this part for major stationary
sources of PM-10 shall also apply to major stationary sources of
PM-10 precursors, except where the Administrator determines that
such sources do not contribute significantly to PM-10 levels
which exceed the standard in the area. The Administrator shall
issue guidelines regarding the application of the preceding
sentence.
[42 U.S.C. 7513a]
SEC. 190. ISSUANCE OF RACM AND BACM GUIDANCE.
The Administrator shall issue, in the same manner and according
to the same procedure as guidance is issued under section 108(c),
technical guidance on reasonably available control measures and
best available control measures for urban fugitive dust, and
emissions from residential wood combustion (including
curtailments and exemptions from such curtailments) and
prescribed silvicultural and agricultural burning, no later than
18 months following the date of the enactment of the Clean Air
Act Amendments of 1990. The Administrator shall also examine
other categories of sources contributing to nonattainment of the
PM-10 standard, and determine whether additional guidance on
reasonably available control measures and best available control
measures is needed, and issue any such guidance no later than 3
years after the date of the enactment of the Clean Air Act
Amendments of 1990. In issuing guidelines and making
determinations under this section, the Administrator (in
consultation with the State) shall take into account emission
reductions achieved, or expected to be achieved, under title IV
and other provisions of this Act.
[42 U.S.C. 7513b]
SUBPART 5 - ADDITIONAL PROVISIONS FOR AREAS DESIGNATED
NONATTAINMENT FOR SULFUR OXIDES, NITROGEN DIOXIDE, OR LEAD

Sec. 191. Plan submission deadlines.
Sec. 192. Attainment dates.
SEC. 191. PLAN SUBMISSION DEADLINES.
(a) Submission.- Any State containing an area designated or
redesignated under section 107(d) as nonattainment with respect
to the national primary ambient air quality standards for sulfur
oxides, nitrogen dioxide, or lead subsequent to the date of the
enactment of the Clean Air Act Amendments of 1990 shall submit to

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the Administrator, within 18 months of the designation, an appli-
cable implementation plan meeting the requirements of this part.
(b) States Lacking Fully Approved State Implementation Plans.-
Any State containing an area designated nonattainment with
respect to national primary ambient air quality standards for
sulfur oxides or nitrogen dioxide under section 107(d)(1)(C)(i),
but lacking a fully approved implementation plan complying with
the requirements of this Act (including part D) as in effect
immediately before the date of the enactment of the Clean Air Act
Amendments of 1990, shall submit to the Administrator, within 18
months of the date of the enactment of the Clean Air Act Amend-
ments of 1990, an implementation plan meeting the requirements of
subpart 1 (except as otherwise prescribed by section 192).
[42 U.S.C. 7514]
SEC. 192. ATTAINMENT DATES.
(a) Plans Under Section 191(a).- Implementation plans required
under section 191(a) shall provide for attainment of the relevant
primary standard as expeditiously as practicable but no later
than 5 years from the date of the nonattainment designation.
(b) Plans Under Section 191(b).- Implementation plans required
under section 191(b) shall provide for attainment of the relevant
primary national ambient air quality standard within 5 years
after the date of the enactment of the Clean Air Act Amendments
of 1990.
(c) Inadequate Plans.- Implementation plans for nonattainment
areas for sulfur oxides or nitrogen dioxide with plans that were
approved by the Administrator before the date of the enactment of
the Clean Air Act Amendments of 1990 but, subsequent to such
approval, were found by the Administrator to be substantially
inadequate, shall provide for attainment of the relevant primary
standard within 5 years from the date of such finding.
[42 U.S.C. 7514a]

SUBPART 6 - SAVINGS PROVISIONS

Sec. 193. General savings clause.

SEC. 193. GENERAL SAVINGS CLAUSE.
Each regulation, standard, rule, notice, order and guidance
promulgated or issued by the Administrator under this Act, as in
effect before the date of the enactment of the Clean Air Act
Amendments of 1990 shall remain in effect according to its terms,
except to the extent otherwise provided under this Act, inconsis-
tent with any provision of this Act, or revised by the
Administrator. No control requirement in effect, or required to
be adopted by an order, settlement agreement, or plan in effect
before the date of the enactment of the Clean Air Act Amendments
of 1990 in any area which is a nonattainment area for any air
pollutant may be modified after such enactment in any manner
unless the modification insures equivalent or greater emission
reductions of such air pollutant.
[42 U.S.C. 7515]

TITLE II - EMISSION STANDARDS FOR MOVING SOURCES


211





SHORT TITLE

Sec. 201. This title may be cited as the "National Emission
Standards Act."
[42 U.S.C. 7401 nt]

PART A - MOTOR VEHICLE EMISSION AND FUEL STANDARDS

ESTABLISHMENT OF STANDARDS

Sec. 202. (a) Except as otherwise provided in subsection (b)-
(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), 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
consider-
ation 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

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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
dieselfueled 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) Rebulding 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 206(f)(1)) unless the 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)
applying standards applicable to the emission of air pollutants
from motorcycles as
a separate class or category. In any case in which such stan-
dards 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 title 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.


213





(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 title 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 214.
(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 addi-
tives 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 the date
of the enactment of the Clean Air Act Amendments of 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

214





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 standards
promulgated Percentage*

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 182(b)(3) (relating to
stage II gasoline vapor recovery) for areas classified under
section 181 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 182(b)(3) for areas classified under section
181 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)(1)(A) The regulations under subsection (a) 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 vehiclemile of
carbon monoxide. The regulations under subsection (a) 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)
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. nless waived as
provided in paragraph (5), regulations under subsection (a)
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.



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(B) The regulations under subsection (a) 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) 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 subsec-
tion (a)(1) 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 title 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) shall
not be modified by the Administrator after the enactment of the
Clean Air Act Amendments of 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 the date of the enactment of the Clean Air Act
Amendments
of 1990), shall be promulgated by regulation within 180 days
after such date.
(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), the Administrator may prescribe regulations defining
"model year" otherwise than as provided in clause (i).

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(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)1 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 demon-
strates 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 applica-
ble standard under this section at the expiration of the
waiver, and
(C) that the technology or system has a potential for
longterm air quality benefit and has the potential to meet
or exceed the average fuel economy standard applicable under
the Energy Policy and Conservation Act upon the expiration
of the waiver.
No waiver under this subparagraph 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)(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 Adminis-
trator by this Act, 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

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paragraph (1) of this subsection. For the purpose of furnishing
such information, the Administrator may use any authority he has
under this Act (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) 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 207.
Such regulations shall provide thatexcept where a different
useful life period is specified in this title 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 of 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 the
enactment of the Clean Air Act Amendments of 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
207 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) In the event a new power source or propulsion system for
new motor vehicles or new motor vehicle engines is submitted for
certification pursuant to section 206(a), 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 reason-
ably be anticipated to endanger the public health or welfare but
for which standards have not been prescribed under subsection
(a).
(f) (1) The high altitude regulation in effect with respect to
model year 1977 motor vehicles shall not apply to the manufac-
ture, 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 ve-
hicles 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 section 202(b). This percentage reduction shall be
determined by comparing any proposed high altitude emission

218


standards to high altitude emissions from vehicles manufactured
during model year 1970. In no event shall regulations applicable
to high altitude vehiclesmanufactured before the model year 1984
establish a numerical standard which is more stringent than that
applicable to vehicles certified under non-high altitude condi-
tions.
(3) Section 307(d) 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 experi-
enced 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 alti-
tude regulation will result in any significant improvement
in air quality in any area to which it shall apply.
(f)1 Model Years After 1990.- For model years prior to model
year 1994, the regulations under section 202(a) applicable to
buses other than those subject to standards under section 219
shall contain a standard which provides that emissions of partic- (continued)