Loading (50 kb)...'

(continued)
ulate 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).
(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) 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 NOx from light-
duty trucks of up to 6,000 lbs. Gvwr and light-duty vehicles




219





Column A Column B
Vehicle type
(5 yrs/50,000 mi) (10 yrs/100,000 mi)

NMHC CO NOx NMHC CO NOx
LDTs (0-3,750 lbs. LVW) and
light-duty vehicles . . . . . 0.25 3.4 0.4* 0.31 4.2 0.6*
LDTs (3,751-5,750 lbs. LVW) . . . 0.32 3.4 0.7** 0.40 5.5 0.97
Standards are expressed in grams per mile (gpm).
For standards under column A, for purposes of certification under section 206, 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 206, 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 (0093,750 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
(3,751095,750 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) 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 . . . . . . . . . . . . . . . . . 0.8 gpm
10/100,000 . . . . . . . . . . . . . . . . 0.10 gpm

The applicable useful life, for purposes of certification under
section 206 and for purposes of in-use compliance under section


220





207, 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 206 and for purposes of in-use compliance under section
207, 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 Standard*

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 andthereafter, the regulations under subsection (a)
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



Column A Column B
LDT Test weight (5 yrs/50,000 mi) (11 yrs/120,000 mi)

NMHC CO NOx NMHC CO NOx PM

3,751-5,750 lbs. TW . 0.32 4.4 0.7* 0.46 6.4 0.98 0.10
Over 5,750 lbs. TW . 0.39 5.0 0.1* 0.56 7.3 1.53 0.12
Standards are expressed in grams per mile (GPM).
For standards under column A, for purposes of certification under section 206, 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 206, 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 title. The
study shall consider whether to establish with respect to model
years commencing after January 1, 2003, the standards and useful

221





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
section 202(d) 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)).
(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 209(b). 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) 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 Act,
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.



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(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). Nothing
in this paragraph shall prohibit the Administrator from
exercising the Administrator's authority under subsection (a) 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).
(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

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(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). 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 304(a)(2) (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) 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 the date
of the enactment of the Clean Air Act Amendments of 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
oflight-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
shallbe as specified in the following table:

PHASE-IN SCHEDULE FOR COLD START STANDARDS

224



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 Fahren-
heit.
(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 Adminis-
trator 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 206
and in-use compliance under section 207, 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 206, or
section 207, 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 Admin-
istrator 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).
(4) Heavy-duty vehicles and engines.- The Administrator
may also promulgate regulations under subsection (a)(1)
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


225





(2) over 2 or more days of nonuse;
under ozone-prone summertime conditions (as determined by regula-
tions 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 Adminis-
trator shall commence a rulemaking under this subsection within
12 months after the date of the enactment of the Clean Air Act
Amendments of 1990. If final regulations arenot promulgated under
this subsection within 18 months after the date of the enactment
of the Clean Air Act Amendments of 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 Act. 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 the date of
the enactment of the Clean Air Act Amendments of 1990, the
Administrator shall complete a study of the need for, and
feasibility of, controlling emissions of toxic air pollut-
ants which are unregulated under this Act 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 the date of the
enactment of the Clean Air Act Amendments of 1990, the
Administrator shall, based on the study under paragraph (1),
promulgate (and from time to time revise) regulations under
subsection (a)(1) or section 211(c)(1) 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), 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
section 202(a). The regulations shall, at a minimum, apply
to emissions of benzene and formaldehyde.
(m) Emissions Control Diagnostics.-
1) Regulations.- Within 18 months after the enactment of
the Clean Air Act Amendments of 1990, the Administrator

226





shall promulgate regulations under subsection (a) 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 207(a) and (b).
(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

227





be usable without the need for any unique decoding
information or device.
(5) Information availability.- The Administrator, by regula-
tion, shall require (subject to the provisions of section
208(c) 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 208(c) 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 208(c), in carrying out the Administrator's
responsibilities under this section.
[42 U.S.C. 7521]

PROHIBITED ACTS

Sec. 203. (a) The following acts and the causing thereof are
prohibited-
(1) in the case of a manufacturer of new motor vehicles or
new motor vehicle engines for distribution in commerce, the
sale, or the offering for sale, or the introduction, or
delivery for introduction, into commerce, or (in the case of
any person, except as provided by regulation of the Adminis-
trator), the importation into the United States, of any new
motor vehicle or new motor vehicle engine, manufactured
after the effective date of regulations under this part
which are applicable to such vehicle or engine unless such
vehicle or engine is covered by a certificate of conformity
issued (and in effect) under regulations prescribed under
this part or part C in the case of clean-fuel vehicles
(except as provided in subsection (b));
(2)(A) for any person to fail or refuse to permit access
to or copying of records or to fail to make reports or
provide information required under section 208;
(B) for any person to fail or refuse to permit entry,
testing or inspection authorized under section 206(c) or
section 208;
(C) for any person to fail or refuse to perform tests, or
have tests performed as required under section 208;
(D) for any manufacturer to fail to make information
available as provided by regulation under section 202(m)(5);
(3)(A) for any person to remove or render inoperative any
device or element of design installed on or in a motor
vehicle or motor vehicle engine in compliance with regula-
tions under this title prior to its sale and delivery to the
ultimate purchaser, or for any person knowingly to remove or

228


render inoperative any such device or element of design
after such sale and delivery to the ultimate purchaser; or
(B) for any person to manufacture or sell, or offer to
sell, or install, any part or component intended for use
with, or as part of, any motor vehicle or motor vehicle
engine, where a principal effect of the part or component is
to bypass, defeat, or render inoperative any device or
element of design installed on or in a motor vehicle or
motor vehicle engine in compliance with regulations under
this title, and where the person knows or should know that
such part or component is being offered for sale or
installed for such use or put to such use; or
(4) for any manufacturer of a new motor vehicle or new
motor vehicle engine subject to standards prescribed under
section 202 or Part C-
(A) to sell or lease any such vehicle or engine
unless such manufacturer has complied with (i) the
requirements of section 207 (a) and (b) with respect to
such vehicle or engine, and unless a label or tag is
affixed to such vehicle or engine in accordance with
section 207(c)(3), or (ii) the corresponding
requirements of part C in the case of clean fuel
vehicles unless the manufacturer has complied with the
corresponding requirements of part C
(B) to fail or refuse to comply with the requirements
of section 207 (c) or (e), or the corresponding
requirements of part C in the case of clean fuel
vehicles
(C) except as provided in subsection (c)(3) of
section 207 and the corresponding requirements of part
C in the case of clean fuel vehicles, to provide
directly or indirectly in any communication to the
ultimate purchaser or any subsequent purchaser that the
coverage of any warranty under this Act is conditioned
upon use of any part, component, or system manufactured
by such manufacturer or any person acting for such
manufacturer or under his control, or conditioned upon
service performed by any such person, or
(D) to fail or refuse to comply with the terms and
conditions of the warranty under section 207 (a) or (b)
or the corresponding requirements of part C in the case
of clean fuel vehicles with respect to any vehicle; or
(5) for any person to violate section 218, 219, or part C
of this title or any regulations under section 218, 219, or
part C.
No action with respect to any element of design referred to in
paragraph (3) (including any adjustment or alteration of such
element) shall be treated as a prohibited act under such
paragraph (3) if such action is in accordance with section 215.
Nothing in paragraph (3) shall be construed to require the use
ofmanufacturer parts in maintaining or repairing any motor
vehicle or motor vehicle engine. For the purposes of the
preceding sentence, the term "manufacturer parts" means, with
respect to a motor vehicle engine, parts produced or sold by the
manufacturer of the motor vehicle or motor vehicle engine. No
action with respect to any device or element of design referred
to in paragraph (3) shall be treated as a prohibited act under

229





that paragraph if (i) the action is for the purpose of repair or
replacement of the device or element, or is a necessary and
temporary procedure to repair or replace any other item and the
device or element is replaced upon completion of the procedure,
and (ii) such action thereafter results in the proper functioning
of the device or element referred to in paragraph (3). No action
with respect to any device or element of design referred to in
paragraph (3) shall be treated as a prohibited act under that
paragraph if the action is for the purpose of a conversion of a
motor vehicle for use of a clean alternative fuel (as defined in
this title) and if such vehicle complies with the applicable
standard under section 202 when operating on such fuel, and if in
the case of a clean alternative fuel vehicle (as defined by rule
by the Administrator), the device or element is replaced upon
completion of the conversion procedure and such action results in
proper functioning of the device or element when the motor
vehicle operates on conventional fuel.
(b)(1) The Administrator may exempt any new motor vehicle or
new motor vehicle engine from subsection (a), upon such terms and
conditions as he may find necessary for the purpose of research,
investigations, studies, demonstrations, or training, or for
reasons of national security.
(2) A new motor vehicle or new motor vehicle engine offered for
importation or imported by any person in violation of subsection
(a) shall be refused admission into the United States, but the
Secretary of the Treasury and the Administrator may, by joint
regulation, provide for deferring final determination as to
admission and authorizing the delivery of such a motor vehicle or
engine offered for import to the owner or consignee thereof upon
such terms and conditions (including the furnishing of a bond) as
may appear to them appropriate to insure that any such motor
vehicle or engine will be brought into conformity with the
standards, requirements, and limitations applicable to it under
this part. The Secretary of the Treasury shall, if a motor
vehicle or engine is finally refused admission under this
paragraph, cause disposition thereof in accordance with the
customs laws unless it is exported, under regulations prescribed
by such Secretary, within ninety days of the date of notice of
such refusal or such additional time as may be permitted pursuant
to such regulations, except that disposition in accordance with
the customs laws may
not be made in such manner as may result, directly or indirectly,
in the sale, to the ultimate consumer, of a new motor vehicle or
new motor vehicle engine that fails to comply with applicable
standards of the Administrator under this part.
(3) A new motor vehicle or new motor vehicle engine intended
solely for export, and so labeled or tagged on the outside of the
container and on the vehicle or engine itself, shall be subject
to the provisions of subsection (a), except that if the country
which is to receive such vehicle or engine has emission standards
which differ from the standards prescribed under section 202,
then such vehicle or engine shall comply with the standards of
such country which is to receive such vehicle or engine.
[42 U.S.C. 7522]

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INJUNCTION PROCEEDINGS

Sec. 204. (a) The district courts of the United States shall
havejurisdiction to restrain violations of section 203(a).
(b) Actions to restrain such violations shall be brought by and
in the name of the United States. In any such action, subpenas
for witnesses who are required to attend a district court in any
district may run into any other district.
[42 U.S.C. 7523]
SEC. 205. CIVIL PENALTIES.
(a) Violations.- Any person who violates sections 203(a)(1),
203(a)(4), or 203(a)(5) or any manufacturer or dealer who
violates section 203(a)(3)(A) shall be subject to a civil penalty
of not more than $25,000. Any person otherthan a manufacturer or
dealer who violates section 203(a)(3)(A) or any person who
violates section 203(a)(3)(B) shall be subject to a civil penalty
of not more than $2,500. Any such violation with respect to
paragraph (1),(3)(A), or (4) of section 203(a) shall constitute a
separate offense with respect to each motor vehicle or motor
vehicle engine. Any such violation with respect to section
203(a)(3)(B) shall constitute a separate offense with respect to
each part or component. Any person who violates section 203(a)(2)
shall be subject to a civil penalty of not more than $25,000 per
day of violation.
(b) Civil Actions.- The Administrator may commence a civil
action to assess and recover any civil penalty under subsection
(a) of this section, section 211(d), or section 213(d). Any
action under this subsection may be brought in the district court
of the United States for the district in which the violation is
alleged to have occurred or in which the defendant resides or has
the Administrator's principal place of business, and the court
shall have jurisdiction to assess a civil penalty. In determining
the amount of any civil penalty to be assessed under this
subsection, the court shall take into account the gravity of the
violation, the economic benefit or savings (if any) resulting
from the violation, the size of the violator's business, the
violator's history of compliance with this title, action taken to
remedy the violation, the effect of the penalty on the violator's
ability to continue in business, and such other matters as
justice may require. In any such action, subpoenas for witnesses
who are
required to attend a district court in any district may run into
any other district.
(c) Administrative Assessment of Certain Penalties.-
(1) Administrative penalty authority.- In lieu of
commencing a civil action under subsection (b), the
Administrator may assess any civil penalty prescribed in
subsection (a) of this section, section 211(d), or section
213(d), except that the maximum amount of penalty sought
against each violator in a penalty assessment proceeding
shall not exceed $200,000, unless the Administrator and
the Attorney General jointly determine that a matter
involving a larger penalty amount is appropriate for
administrative penalty assessment. Any such determination

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by the Administrator and the Attorney General shall not be
subject to judicial review. Assessment of a civil penalty
under this subsection shall be by an order made on the
record after opportunity for a hearing in accordance with
sections 554 and 556 of title 5 of the United States Code.
The Administrator shall issue reasonable rules for
discovery and other procedures for hearings under this
paragraph. Before issuing such an order, the Administrator
shall give written notice to the person to be assessed an
administrative penalty of the Administrator's proposal to
issue such order and provide such person an opportunity to
request such a hearing on the order, within 30 days of the
date the notice is received by such person. The
Administrator may compromise, or remit, with or without
conditions, any administrative penalty which may be
imposed under this section.
(2) Determining amount.- In determining the amount of
any civil penalty assessed under this subsection, the
Administrator shall take into account the gravity of the
violation, the economic benefit or savings (if any)
resulting from the violation, the size of the violator's
business, the violator's history of compliance with this
title, action taken to remedy the violation, the effect of
the penalty on the violator's ability to continue in
business, and such other matters as justice may require.
(3) Effect of administrator's action.- (A) Action by
the Administrator under this subsection shall not affect
or limit the Administrator's authority to enforce any
provision of this Act; except that any violation,
(i) with respect to which the Administrator has
commenced and is diligently prosecuting an action
under this subsection, or
(ii) for which the Administrator has issued a
final order not subject to further judicial review
and the violator has paid a penalty assessment under
this subsection,
shall not be the subject of civil penalty action under
subsection (b).
(B) No action by the Administrator under this
subsection shall affect any person's obligation to comply
with any section of this Act.
(4) Finality of order.- An order issued under this
subsection shall become final 30 days after its issuance
unless a petition for judicial review is filed under
paragraph (5).
(5) Judicial review.- Any person against whom a civil
penalty is assessed in accordance with this subsection may
seek review of the assessment in the United States District
Court for the District of Columbia, or for the district in
which the violation is alleged to have occurred, in which
such person resides, or where such person's principal place
of business is located, within the 30-day period beginning
on the date a civil penalty order is issued. Such person
shall simultaneously send a copy of the filing by certified
mail to the Administrator and the Attorney General. The
Administrator shall file in the court a certified copy, or
certified index, as appropriate, of the record on which the
order was issued within 30 days. The court shall not set

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aside or remand any order issued in accordance with the
requirements of this subsection unless there is not
substantial evidence in the record, taken as a whole, to
support the finding of a violation or unless the
Administrator's assessment of the penalty constitutes an
abuse of discretion, and the court shall not impose
additional civil penalties unless the Administrator's
assessment of the penalty constitutes an abuse of
discretion. In any proceedings, the United States may seek
to recover civil penalties assessed under this section.
(6) Collection.- If any person fails to pay an assessment
of a civil penalty imposed by the Administrator as provided
in this subsection-
(A) after the order making the assessment has become
final, or
(B) after a court in an action brought under
paragraph (5) has entered a final judgment in favor of
the Administrator,
the Administrator shall request the Attorney General to
bring a civil action in an appropriate district court to
recover the amount assessed (plus interest at rates
established pursuant to section 6621(a)(2) of the Internal
Revenue Code of 1986 from the date of the final order or the
date of the final judgment, as the case may be). In such an
action, the validity, amount, and appropriateness of the
penalty shall not be subject to review. Any person who fails
to pay on a timely basis the amount of an assessment of a
civil penalty as described in the first sentence of this
paragraph shall be required to pay, in addition to that
amount and interest, the United States' enforcement
expenses, including attorneys fees and costs for collection
proceedings, and a quarterly nonpayment penalty for each
quarter during which such failure to pay persists. The
nonpayment penalty shall be in an amount equal to 10 percent
of the aggregate amount of that person's penalties and
nonpayment penalties which are unpaid as of the beginning of
such quarter.
[42 U.S.C. 7524]

MOTOR VEHICLE AND MOTOR VEHICLE ENGINE COMPLIANCE TESTING AND
CERTIFICATION
Sec. 206. (a)(1) The Administrator shall test, or require to be
tested insuch manner as he deems appropriate, any new motor
vehicle or new motor vehicle engine submitted by a manufacturer
to
determine whether such vehicle or engine conforms with the
regulations prescribed under section 202 of this Act. If such
vehicle or engine conforms to such regulations, the Administrator
shall issue a certificate of conformity upon such terms, and for
such period (not in excess of one year) as he may prescribe. In
the case of any original equipment manufacturer (as defined by
the Administrator in regulations promulgated before the date of
the enactment of the Clean Air Act Amendments of 1990) of
vehicles or vehicle engines whose projected sales in the United
States for any model year (as determined by the Administrator)

233





will not exceed 300, the Administrator shall not require, for
purposes of determining compliance with regulations under section
202 for the useful life of the vehicle or engine, operation of
any vehicle or engine manufactured during such model year for
more than 5,000 miles or 160 hours, respectively, unless the
Administrator, by regulation, prescribes otherwise. The
Administrator shall apply any adjustment factors that the
Administrator deems appropriate to assure that each vehicle or
engine will comply during its useful life (as determined under
section 202(d)) with the regulations prescribed under section
202.
(2) The Administrator shall test any emission control system
incorporated in a motor vehicle or motor vehicle engine submitted
to him by any person, in order to determine whether such system
enables such vehicle or engine to conform to the standards
required to be prescribed under section 202(b) of this Act. If
the Administrator finds on the basis of such tests that such
vehicle or engine conforms to such standards, the Administrator
shall issue a verification of compliance with emission standards
for such system when incorporated in vehicles of a class of which
the tested vehicle is representative. He shall inform
manufacturers and the National Academy of Sciences, and make
available to the public, the results of such tests. Tests under
this paragraph shall be conducted under such terms and conditions
(including requirements for preliminary testing by qualified
independent laboratories) as the Administrator may prescribe by
regulations.
(3)(A) A certificate of conformity may be issued under this
section only if the Administrator determines that the
manufacturer (or in the case of a vehicle or engine for import,
any person) has established to the satisfaction of the
Administrator that any emission control device, system, or
element of design installed on, or incorporated in, such vehicle
or engine conforms to applicable requirements of section
202(a)(4).
(B) The Administrator may conduct such tests and may require
the manufacturer (or any such person) to conduct such tests and
provide such information as is necessary to carry out
subparagraph (A) of this paragraph. Such requirements shall
include a requirement for prompt reporting of the emission of any
unregulated pollutant from a system, device, or element of design
if such pollutant was not emitted, or was emitted in
significantly lesser amounts, from the vehicle or engine without
use of the system, device, or element of design.
(4)(A) Not later than 12 months after the date of the enactment (continued)