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(continued)
of the Clean Air Act Amendments of 1990, the Administrator shall
revise the regulations promulgated under this subsection to add
test procedures capable of determining whether model year 1994
and later model year light-duty vehicles and light-duty trucks,
when properly maintained and used, will pass the inspection
methods and procedures established under section 207(b) for that
model year, under conditions reasonably likely to be encountered
in the conduct of inspection and maintenance programs, but which
those programs cannot reasonably influence or control. The
conditions shall include fuel characteristics, ambient

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temperature, and short (30 minutes or less) waiting periods
before tests are conducted. The Administrator shall not grant a
certificate of conformity under this subsection for any 1994 or
later model year vehicle or engine that the Administrator
concludes cannot pass the test procedures established under this
paragraph.
(B) From time to time, the Administrator may revise the regula-
tions promulgated under subparagraph (A), as the Administrator
deems appropriate.
(b)(1) In order to determine whether new motor vehicles or new
motor vehicle engines being manufactured by a manufacturer do in
fact conform with the regulations with respect to which the
certificate of conformity was issued, the Administrator is
authorized to test such vehicles or engines. Such tests may be
conducted by the Administrator directly or, in accordance with
conditions specified by the Administrator, by the manufacturer.
(2)(A)(i) If, based on tests conducted under paragraph (1) on a
sample of new vehicles or engines covered by a certificate of
conformity, the Administrator determines that all or part of the
vehicles or engines so covered do not conform with the
regulations with respect to which the certificate of conformity
was issued and with the requirements of section 202(a)(4), he may
suspend or revoke such certificate in whole or in part, and shall
so notify the manufacturer. Such suspension or revocation shall
apply in the case of any new motor vehicles or new motor vehicle
engines manufactured after the date of such notification (or
manufactured before such date if still in the hands of the
manufacturer), and shall apply until such time as the
Administrator finds that vehicles and engines manufactured by the
manufacturer do conform to such regulations and requirements. If,
during any period of suspension or revocation, the Administrator
finds that a vehicle or engine actually conforms to such
regulations and requirements, he shall issue a certificate of
conformity applicable to such vehicle or engine.
(ii) If, based on tests conducted under paragraph (1) on any new
vehicle or engine, the Administrator determines that such
vehicle or engine does not conform with such regulations, he may
suspend or revoke such certificate insofar as it applies to such
vehicle or engine until such time as he finds such vehicle or
engine actually so conforms with such regulations, and he shall
so notify the manufacturer.
(B)(i) At the request of any manufacturer the Administrator
shall grant such manufacturer a hearing as to whether the tests
have been properly conducted or any sampling methods have been
properly applied, and make a determination on the record with
respect to any suspension or revocation under subparagraph (A);
but suspension or revocation under subparagraph (A) shall not be
stayed by reason of such hearing.
(ii) In any case of actual controversy as to the validity of
any determination under clause (i), the manufacturer may at any
time prior to the 60th day after such determination is made file
a petition with the United States court of appeals for the
circuit wherein such manufacturer resides or has his principal
place of business for a judicial review of such determination. A
copy of the petition shall be forthwith transmitted by the clerk

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of the court to the Administrator or other officer designated by
him for that purpose. The Administrator thereupon shall file in
the court the record of the proceedings on which the
Administrator based his determination, as provided in section
2112 of title 28 of the United States Code. (iii) If the
petitioner applies to the court for leave to adduce additional
evidence, and shows to the satisfaction of the court that such
additional evidence is material and that there were reasonable
grounds for the failure to adduce such evidence in the proceeding
before the Administrator, the court may order such additional
evidence (and evidence in rebuttal thereof) to be taken before
the Administrator, in such manner and upon such terms and
conditions as the court may deem proper. The Administrator may
modify his findings as to the facts, or make new findings, by
reason of the additional evidence so taken and he shall file such
modified or new findings, and his recommendation, if any, for the
modification or setting aside of his original determination, with
the return of such additional evidence.
(iv) Upon the filing of the petition referred to in clause
(ii), the court shall have jurisdiction to review the order in
accordance with chapter 7 of title 5, United States Code, and to
grant appropriate relief as provided in such chapter.
(c) For purposes of enforcement of this section, officers or
employees duly designated by the Administrator, upon presenting
appropriate credentials to the manufacturer or person in charge,
are authorized (1) to enter, at reasonable times, any plant or
other establishment of such manufacturers, for the purpose of
conducting tests of vehicles of engines in the hands of the
manufacturer, or (2) to inspect at reasonable times, records,
files, papers, processes, controls, and facilities used by such
manufacturer in conducting tests under regulations of the
Administrator. Each such inspection shall be commenced and
completed with reasonable promptness.
(d) The Administrator shall by regulation establish methods and
procedures for making tests under this section.
(e) The Administrator shall make available to the public the
results of his tests of any motor vehicle or motor vehicle engine
submitted by a manufacturer under subsection (a) as promptly as
possible after the enactment of the Clean Air Amendments of 1970
and at the beginning of each model year which begins thereafter.
Such results shall be described in such nontechnical manner as
will reasonably disclose to prospective ultimate purchasers of
new motor vehicles and new motor vehicle engines the comparative
performance of the vehicles and engines tested in meeting the
standards prescribed under section 202 of this Act.
(f) All light duty vehicles and engines manufactured during or
after model year 1984 and all light-duty trucks manufactured
during or after model year 1995 shall comply with the
requirements of section 202 of this Act regardless of the
altitude at which they are sold.
(g)(1) In the case of any class or category of heavy-duty
vehicles or engines to which a standard promulgated under section
202(a) of this Act applies, except as provided in paragraph (2),
a certificate of conformity shall be issued under subsection (a)
and shall not be suspended or revoked under subsection (b) for

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such vehicles or engines manufactured by a manufacturer notwith-
standing the failure of such vehicles or engines to meet such
standard if such manufacturer pays a nonconformance penalty as
provided under regulations promulgated by the Administrator after
notice and opportunity for public hearing. In the case of
motorcycles to which such a standard applies, such a certificate
may be issued notwithstanding such failure if the manufacturer
pays such a penalty.
(2) No certificate of conformity may be issued under paragraph
(1) with respect to any class or category of vehicle or engine if
the degree by which the manufacturer fails to meet any standard
promulgated under section 202(a) with respect to such class or
category exceeds the percentage determined under regulations
promulgated by the Administrator to be practicable. Such regula-
tions shall require such testing of vehicle or engines being
produced as may be necessary to determine the percentage of the
classes or categories of vehicles or engines which are not in
compliance with the regulations with respect to which a certifi-
cate of conformity was issued and shall be promulgated not later
than one year after the date of enactment of the Clean Air Act
Amendments of 1977.
(3) The regulations promulgated under paragraph (1) shall, not
later than one year after the date of enactment of the Clean Air
Act Amendments of 1977, provide for nonconformance penalties in
amounts determined under a formula established by the Administra-
tor. Such penalties under such formula-
(A) may vary from pollutant-to-pollutant;
(B) may vary by class or category or vehicle or engine;
(C) shall take into account the extent to which actual
emissions of any air pollutant exceed allowable emissions
under the standards promulgated under section 202;
(D) shall be increased periodically in order to create
incentives for the development of production vehicles or
engines which achieve the required degree of emission reduc-
tion; and
(E) shall remove any competitive disadvantage to manufac-
turers whose engines or vehicles achieve the required degree
of emission reduction (including any such disadvantage
arising from the application of paragraph (4)).
(4) In any case in which a certificate of conformity has been
issued under this subsection, any warranty required under section
207(b)(2) and any action under section 207(c) shall be required
to be effective only for the emission levels which the
Administrator determines that such certificate was issued and not
for the emission levels required under the applicable standard.
(5) The authorities of section 208(a) shall apply, subject to
the conditions of section 208(b), for purposes of this
subsection.
(h) Within 18 months after the enactment of the Clean Air Act
Amendments of 1990, the Administrator shall review and revise as
necessary the regulations under subsection (a) and (b) of this
section regarding the testing of motor vehicles and motor vehicle
engines to insure that vehicles are tested under circumstances
which reflect the actual current driving conditions under which


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motor vehicles are used, including conditions relating to fuel,
temperature, acceleration, and altitude.
[42 U.S.C. 7525]
COMPLIANCE BY VEHICLES AND ENGINES IN ACTUAL USE
Sec. 207. (a)(1) Effective with respect to vehicles and
enginesmanufactured in model years beginning more than 60 days
after the date of the enactment of the Clean Air Amendments of
1970, the manufacturer of each new motor vehicle and new motor
vehicle engine shall warrant to the ultimate purchaser and each
subsequent purchaser that such vehicle or engine is (A) designed,
built, and equipped so as to conform at the time of sale with
applicable regulations under section 202, and (B) free from
defects in materials and workmanship which cause such vehicle or
engine to fail to conform with applicable regulations for its
useful life (as determined under section 202(d). In the case of
vehicles and engines manufactured in the model year 1995 and
thereafter such warranty shall require that the vehicle or engine
is free from any such defects for the warranty period provided
under subsection (i).
(2) In the case of a motor vehicle part or motor vehicle engine
part, the manufacturer or rebuilder of such part may certify that
use of such part will not result in a failure of the vehicle or
engine to comply with emission standards promulgated under
section 202. Such certification shall be made onlyunder such
regulations as may be promulgated by the Administrator to carry
out the purposes of subsection (b). The Administrator shall
promulgate such regulations no later than two years following the
date of the enactment of this paragraph.
(3) The cost of any part, device, or component of any
light-duty vehicle that is designed for emission control and
which in the instructions issued pursuant to subsection (c)(3) of
this section is scheduled for replacement during the useful life
of the vehicle in order to maintain compliance with regulations
under section 202 of this Act, the failure of which shall not
interfere with the normal performance of the vehicle, and the
expected retail price of which, including installation costs, is
greater than 2 percent of the suggested retail price of such
vehicle, shall be borne or reimbursed at the time of replacement
by the vehicle manufacturer and such replacement shall be
provided without cost to the ultimate purchaser, subsequent
purchaser, or dealer. The term "designed for emission control" as
used in the preceding sentence means a catalytic converter,
thermal reactor, or other component
installed on or in a vehicle for the sole or primary purpose of
reducing vehicle emissions (not including those vehicle
components which were in general use prior to model year 1968 and
the primary function of which is not related to emission
control).
(b) If the Administrator determines that (i) there are
available testing methods and procedures to ascertain whether,
when in actual use throughout its the warranty period (as
determined under subsection (i)), each vehicle and engine to
which regulations under section 202 apply complies with the
emission standards of such regulations, (ii) such methods and
procedures are in accordance with good engineering practices, and
(iii) such methods and procedures are reasonably capable of being
correlated with tests conducted under section 206(a)(1), then-


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(1) he shall establish such methods and procedures by
regulation, and
(2) at such time as he determines that inspection facilities
or equipment are available for purposes of carrying out testing
methods and procedures established under paragraph (1), he
shall prescribe regulations which shall require manufacturers
to warrant the emission control device or system of each new
motor vehicle or new motor vehicle engine to which a regulation
under section 202 applies and which is manufactured in a model
year beginning after the Administrator first prescribes
warranty regulations under this paragraph. The warranty under
such regulations shall run to the ultimate purchaser and each
subsequent purchaser and shall provide that if-
(A) the vehicle or engine is maintained and operated in
accordance with instructions under subsection (c)(3),
(B) it fails to conform at any time during its1 the
warranty period (as determined under subsection (i)) to the
regulations prescribed under section 202, and
(C) such nonconformity results in the ultimate purchaser
(or any subsequent purchaser) of such vehicle or engine
having to bear any penalty or other sanction (including the
denial of the right to use such vehicle or engine) under
State or Federal law,
then such manufacturer shall remedy such nonconformity under
such warranty with the cost thereof to be borne by the manufac-
turer. No such warranty shall be invalid on the basis of any
part used in the maintenance or repair of a vehicle or engine
if such part was certified as provided under subsection (a)(2).
[For purposes of the warranty under this subsection, for the
period after twenty-four months or twenty-four thousand miles
(whichever first occurs) the term "emission control device or
system" means a catalytic converter, thermal reactor, or other
component installed on or in a vehicle for the sole or primary
purpose of reducing vehicle emissions. Such terms shall not
include those vehicle components which were in general use
prior to model year 1968.]
(c) Effective with respect to vehicles and engines manufactured
during model years beginning more than 60 days after the date of
enactment of the Clean Air Amendments of 1970-
(1) If the Administrator determines that a substantial
number of any class or category of vehicles or engines,
although properly maintained and used, do not conform to the
regulations prescribed under section 202, when in actual use
throughout their useful life (as determined under section
202(d)), he shall immediately notify the manufacturer thereof
of such nonconformity, and he shall require the manufacturer to
submit a plan for remedying the nonconformity of the vehicles
or engines with respect to which such notification is given.
The plan shall provide that the nonconformity of any such
vehicles or engines which are properly used and maintained will
be remedied at the expense of the manufacturer. If the
manufacturer disagrees with such determination of nonconformity
and so advises the Administrator, the Administrator shall
afford the manufacturer and other interested persons an
opportunity to present their views and evidence in support
thereof at a public hearing. Unless, as a result of such
hearing the Administrator withdraws such determination of
nonconformity, he shall, within 60 days after the completion of

239


such hearing, order the manufacturer to provide prompt
notification of such nonconformity in accordance with paragraph
(2).
(2) Any notification required by paragraph (1) with respect
to any class or category of vehicles or engines shall be given
to dealers, ultimate purchasers, and subsequent purchasers (if
known) in such manner and containing such information as the
Administrator may by regulations require.
(3)(A) The manufacturer shall furnish with each new motor
vehicle or motor vehicle engine written instructions for the
proper maintenance and use of the vehicle or engine by the
ultimate purchaser and such instructions shall correspond to
regulations which the Administrator shall promulgate. The manu-
facturer shall provide in boldface type on the first page of the
written maintenance instructions notice that maintenance,
replacement, or repair of the emission control devices and
systems may be performed by any automotive repair establishment
or individual using any automotive part which has been certified
as provided in subsection (a)(2).
(B) The instruction under subparagraph (A) of this paragraph
shall not include any condition on the ultimate purchaser's
using, in connection with such vehicle or engine, any component
or service (other than a component or service provided without
charge under the terms of the purchase agreement) which is
identified by brand, trade, or corporate name; or directly or
indirectly distinguishing between service performed by the
franchised dealers of such manufacturer or any other service
establishments with which
such manufacturer has a commercial relationship, and service
performed by independent automotive repair facilities with which
such manufacturer has no commercial relationship; except that the
prohibition of this subsection may be waived by the Administrator
if-
(i) the manufacturer satisfies the Administrator that the
vehicle or engine will function properly only if the compo-
nent or service so identified is used in connection with
such vehicle or engine, and
(ii) the Administrator finds that such a waiver is in the
public interest.
(C) In addition, the manufacturer shall indicate by means of a
label or tag permanently affixed to such vehicle or engine that
such vehicle or engine is covered by a certificate of conformity
issued for the purpose of assuring achievement of emissions
standards prescribed under section 202 of this Act. Such label or
tag shall contain such other information relating to control of
motor vehicle emissions as the Administrator shall prescribe by
regulation.
(4) Intermediate in-use standards.-
(A) Model years 1994 and 1995.- For light-duty
trucks of up to 6,000 lbs. gross vehicle weight
rating (GVWR) and light-duty vehicles which are
subject to standards under table G of section
202(g)(1) in model years 1994 and 1995 (40 percent of
the manufacturer's sales volume in model year 1994
and 80 percent in model year 1995), the standards
applicable to NMHC, CO, and NOx for purposes of this
subsection shall be those set forth in table A below


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in lieu of the standards for such air pollutants
otherwise applicable under this title.

TABLE A - INTERMIDIATE IN-USE STANDARDS LDTS UP TO 6,000 LBS.
GVWR
AND LIGHT-DUTY VEHICLES

Vehicle type NMHC CO NOx

Light-duty vehicles . . . . . . 0.32 3.4 0.4*
LDT's (0-3,750 LVW) . . . . . . 0.32 5.2 0.4*
LDT's (3,751-5,750 LVW) . . . . 0.41 6.7 0.7*
* Not applicable to diesel-fueled vehicles.

(B) Model years 1996 and thereafter.- (i) In the
model years 1996 and 1997, light-duty trucks (LDTs)
up to 6,000 lbs. gross vehicle weight rating (GVWR)
and light-duty vehicles which are not subject to
final in-use standards under paragraph (5) (60
percent of the manufacturer's sales volume in model
year 1996 and 20 percent in model year 1997) shall be
subject to the standards set forth in table A of
subparagraph (A) for NMHC, CO, and NOx for purposes
of this subsection in lieu of those set forth in
paragraph (5).
(ii) For LDTs of more than 6,000 lbs. GVWR-
(I) in model year 1996 which are subject to the
standards set forth in Table H of section 202(h)
(50%);
(II) in model year 1997 (100%); and
(III) in model year 1998 which are not subject to
final in-use standards under paragraph (5) (50%);
the standards for NMHC, CO, and NOx for purposes of this
subsection shall be those set forth in Table B below in
lieu of the standards for such air pollutants otherwise
applicable under this title.

TABLE B - INTERMEDIATE IN-USE STANDARDS LDTS MORE THAN
6,000 LBS. GVWR


Vehicle type NMHC CO NOx
LDTs (3,751-5,750 lbs. TW) . . 0.40 5.5 0.88*
LDTs (over-5,750 lbs. TW) . . . 0.49 6.2 1.38*

* Not applicable to diesel-fueled vehicles.

(C) Useful life.- In the case of the in-use standards
applicable under this paragraph, for purposes of
applying this subsection, the applicable useful life
shall be 5 years or 50,000 miles or the equivalent
(whichever first occurs).
(5) Final in-use standards.- (A) After the model year
1995, for purposes of applying this subsection, in the case
of the percentage specified in the implementation schedule

241


below of each manufacturer's sales volume of light-duty
trucks of up to 6,000 lbs. gross vehicle weight rating
(GVWR) and light duty vehicles, the standards for NMHC, CO,
and NOx shall be as provided in Table G in section 202(g),
except that in applying the standards set forth in Table G
for purposes of determining compliance with this subsection,
the applicable useful life shall be (i) 5 years or 50,000
miles (or the equivalent) whichever first occurs in the case
of standards applicable for purposes of certification at
50,000 miles; and (ii) 10 years or 100,000 miles (or the
equivalent), whichever first occurs in the case of standards
applicable for purposes of certification at 100,000 miles,
except that no testing shall be done beyond 7 years or
75,000 miles, or the equivalent whichever first occurs.

LDTS UP TO 6,000 LBS. GVWR AND LIGHT-DUTY VEHICLE SCHEDULE
FOR IMPLEMENTATION OF FINAL IN-USE STANDARDS

Model year Percent

1996 . . . . . . . . . . . . . . . . 40
1997 . . . . . . . . . . . . . . . . 80
1998 . . . . . . . . . . . . . . . . 100

(B) After the model year 1997, for purposes of applying
this subsection, in the case of the percentage specified in
the implementation schedule below of each manufacturer's
sales volume of light-duty trucks of more than 6,000 lbs.
gross vehicle weight rating (GVWR), the standards for NMHC,
CO, and NOx shall be as provided in Table H in section
202(h), except that in applying the standards set forth in
Table H for purposes of determining compliance with this
subsection, the applicable useful life shall be (i) 5 years
or 50,000 miles (or the equivalent) whichever first occurs
in the case of standards applicable for purposes of
certification at 50,000 miles; and (ii) 11 years or 120,000
miles (or the equivalent), whichever first occurs in the
case of standards applicable for purposes of certification
at 120,000 miles, except that no testing shall be done
beyond 7 years or 90,000 miles (or the equivalent) whichever
first occurs.

LDTS OF MORE THAN 6,000 LBS. GVWR IMPLEMENTATION SCHEDULE FOR
IMPLEMENTATION OF FINAL IN-USE STANDARDS


Model year Percent
1998 . . . . . . . . . . . . . . . . 50
1999 . . . . . . . . . . . . . . . . 100


(6) Diesel vehicles; in-use useful life and testing.- (A)
In the case of diesel-fueled light-duty trucks up to 6,000
lbs. GVWR and light-duty vehicles, the useful life for
purposes of determining in-use compliance with the standards
under section 202(g) for NOx shall be a period of 10 years
or 100,000 miles (or the equivalent), whichever first
occurs, in the case of standards applicable for purposes of

242


certification at 100,000 miles, except that testing shall
not be done for a period beyond 7 years or 75,000 miles (or
the equivalent) whichever first occurs.
(B) In the case of diesel-fueled light-duty trucks of
6,000 lbs. GVWR or more, the useful life for purposes of
determining in-use compliance with the standards under
section 202(h) for NOx shall be a period of 11 years or
120,000 miles (or the equivalent), whichever first occurs,
in the case of standards applicable for purposes of
certification at 120,000 miles, except that testing shall
not be done for a period beyond 7 years or 90,000 miles (or
the equivalent) whichever first occurs.
(d) Any cost obligation of any dealer incurred as a result of
any requirement imposed by subsection (a), (b), or (c) shall be
borne by the manufacturer. The transfer of any such cost obliga-
tion from a manufacturer to any dealer through franchise or other
agreement is prohibited.
(e) If a manufacturer includes in any advertisement a statement
respecting the cost or value of emission control devices or
systems, such manufacturer shall set forth in such statement the
cost or value attributed to such devices or systems by the
Secretary of Labor (through the Bureau of Labor Statistics). The
Secretary of Labor, and his representatives, shall have the same
access for this purpose to the books, documents, papers, and
records of a manufacturer as the Comptroller General has to those
of a recipient of assistance for purposes of section 311.
(f) Any inspection of a motor vehicle or a motor vehicle engine
for purposes of subsection (c)(1), after its sale to the ultimate
purchaser, shall be made only if the owner of such vehicle or
engine voluntarily permits such inspection to be made, except as
may be provided by any State or local inspection program.
(g) For the purposes of this section, the owner of any motor
vehicle or motor vehicle engine warranted under this section is
responsible in the proper maintenance of such vehicle or engine
to replace and to maintain, at his expense at any service
establishment or facility of his choosing, such items as spark
plugs, points, condensers, and any other part, item, or device
related to emission control (but not designed for emission
control under the terms of the last sentence of section
207(a)(3))), unless such part, item, or device is covered by any
warranty not mandated by this Act.
(h)(1) Upon the sale of each new light-duty motor vehicle by a
dealer, the dealer shall furnish to the purchaser a certificate
that such motor vehicle conforms to the applicable regulations
under section 202, including notice of the purchaser's rights
under paragraph (2).
(2) If at any time during the period for which the warranty
applies under subsection (b), a motor vehicle fails to conform to
the applicable regulations under section 202 as determined under
subsection (b) of this section such nonconformity shall be
remedied by the manufacturer at the cost of the manufacturer
pursuant to such warranty as provided in section 207(b)(2)
(without regard to subparagraph (C) thereof).
(3) Nothing in section 209(a) shall be construed to prohibit a
State from testing, or requiring testing of, a motor vehicle
after the date of sale of such vehicle to the ultimate purchaser
(except that no new motor vehicle manufacturer or dealer may be
required to conduct testing under this paragraph).

243


(i) Warranty Period.-
(1) In general.- For purposes of subsection (a)(1) and
subsection (b), the warranty period, effective with
respect to new light-duty trucks and new light-duty
vehicles and engines, manufactured in the model year 1995
and thereafter, shall be the first 2 years or 24,000 miles
of use (whichever first occurs), except as provided in
paragraph (2). For purposes of subsection (a)(1) and
subsection (b), for other vehicles and engines the
warranty period shall be the period established by the
Administrator by regulation (promulgated prior to the
enactment of the Clean Air Act Amendments of 1990) for
such purposes unless the Administrator subsequently
modifies such regulation.
(2) Specified major emission control components.- In
the case of a specified major emission control component,
the warranty period for new light-duty trucks and new
light-duty vehicles and engines manufactured in the model
year 1995 and thereafter for purposes of subsection (a)(1)
and subsection (b) shall be 8 years or 80,000 miles of use
(whichever first occurs). As used in this paragraph, the
term `specified major emission control component' means
only a catalytic converter, an electronic emissions
control unit, and an onboard emissions diagnostic device,
except that the Administrator may designate any other
pollution control device or component as a specified major
emission control component if-
(A) the device or component was not in general use
on vehicles and engines manufactured prior to the
model year 1990; and
(B) the Administrator determines that the retail
cost (exclusive of installation costs) of such device
or component exceeds $200 (in 1989 dollars), adjusted
for inflation or deflation as calculated by the
Administrator at the time of such determination.
For purposes of this paragraph, the term "onboard
emissions diagnostic device" means any device installed
for the purpose of storing or processing emissions related
diagnostic information, but not including any parts or
other systems which it monitors except specified major
emissions control components. Nothing in this Act shall be
construed to provide that any part (other than a part
referred to in the preceding sentence) shall be required
to be warranted under this Act for the period of 8 years
or 80,000 miles referred to in this paragraph.
(3) Instructions.- Subparagraph (A) of subsection
(b)(2) shall apply only where the Administrator has made a
determination that the instructions concerned conform to
the requirements of subsection (c)(3).
[42 U.S.C. 7541]
SEC. 208. INFORMATION COLLECTION.
(a) Manufacturer's Responsibility.- Every manufacturer of new
motor vehicles or new motor vehicle engines, and every
manufacturer of new motor vehicle or engine parts or components,
and other persons subject to the requirements of this part or
part C, shall establish and maintain records, perform tests where
such testing is not otherwise reasonably available under this
part and part C (including fees for testing), make reports and

244


provide information the Administrator may reasonably require to
determine whether the manufacturer or other person has acted or
is acting in compliance with this part and part C and regulations
thereunder, or to otherwise carry out the provision of this part
and part C, and shall, upon request of an officer or employee
duly designated by the Administrator, permit such officer or
employee at reasonable times to have access to and copy such
records.
Sec. 208
(b) Enforcement Authority.- For the purposes of enforcement of
this section, officers or employees duly designated by the
Administrator upon presenting appropriate credentials are
authorized-
(1) to enter, at reasonable times, any establishment of
the manufacturer, or of any person whom the manufacturer
engages to perform any activity required by subsection (a),
for the purposes of inspecting or observing any activity
conducted pursuant to subsection (a), and
(2) to inspect records, files, papers, processes,
controls, and facilities used in performing any activity
required by
subsection (a), by such manufacturer or by any person whom
the manufacturer engages to perform any such activity.
(c) Availability to the Public; Trade Secrets.- Any records,
reports, or information obtained under this part or part C shall
be available to the public, except that upon a showing
satisfactory to the Administrator by any person that records,
reports, or information, or a particular portion thereof (other
than emission data), to which the Administrator has access under
this section, if made public, would divulge methods or processes
entitled to protection as trade secrets of that person, the
Administrator shall consider the record, report, or information
or particular portion thereof confidential in accordance with the
purposes of section 1905 of title 18 of the United States Code.
Any authorized representative of the Administrator shall be
considered an employee of the United States for purposes of
section 1905 of title 18 of the United States Code. Nothing in
this section shall prohibit the Administrator or authorized
representative of the Administrator from disclosing records,
reports or information to other officers, employees or authorized
representatives of the United States concerned with carrying out
this Act or when relevant in any proceeding under this Act.
Nothing in this section shall authorize the withholding of
information by the Administrator or any officer or employee under
the Administrator's control from the duly authorized committees
of the Congress.
[42 U.S.C. 7542]
STATE STANDARDS
Sec. 209. (a) No State or any political subdivision thereof
shall adopt orattempt 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 certifica-
tion, 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.


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(b)(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 capri-
cious,
(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 202(a) of this
part.
(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 title.
(c) Whenever a regulation with respect to any motor vehicle
part or motor vehicle engine part is in effect under section
207(a)(2), 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).
(d) 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 regis-
tered 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 Act-
(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 locomo-
tives.
Subsection (b) shall not apply for purposes of this para-
graph.
(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),

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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 title I 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 enforce-
ment 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.
[42 U.S.C. 7543]

STATE GRANTS

Sec. 210. The Administrator is authorized to make grants to
appropriateState agencies in an amount up to two-thirds of the
cost of developing and maintaining effective vehicle emission
devices and systems inspection and emission testing and control
programs, except that-
(1) no such grant shall be made for any part of any State
vehicle inspection program which does not directly relate to
the cost of the air pollution control aspects of such a
program;
(2) no such grant shall be made unless the Secretary of
Transportation has certified to the Administrator that such
program is consistent with any highway safety program devel-
oped pursuant to section 402 of title 23 of the United
States Code; and
(3) no such grant shall be made unless the program
includes provisions designed to insure that emission control
devices and systems on vehicles in actual use have not been
discontinued or rendered inoperative. Grants may be made
under this section by way of reimbursement in any case in

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which amounts have been expended by the State before the
date on which any such grant was made.
[42 U.S.C. 7544]
REGULATION OF FUELS

Sec. 211. (a) The Administrator may by regulation designate any
fuel orfuel additive (including any fuel or fuel additive used
exclusively in nonroad engines or nonroad vehicles) and, after
such date or dates as may be prescribed by him, no manufacturer
or processor of any such fuel or additive may sell, offer for
sale, or introduce into commerce such fuel or additive unless the
Administrator has registered such fuel or additive in accordance
with subsection (b) of this section.
(b)(1) For the purpose of registration of fuels and fuel addi-
tives, the Administrator shall require-
(A) the manufacturer of any fuel to notify him as to the
commercial identifying name and manufacturer of any additive
contained in such fuel; the range of concentration of any
additive in the fuel; and the purpose-in-use of any such
additive; and
(B) the manufacturer of any additive to notify him as to
the chemical composition of such additive.
(2) For the purpose of registration of fuels and fuel
additives, the Administrator may also require the manufacturer of
any fuel or fuel additive-
(A) to conduct tests to determine potential public health
effects of such fuel or additive (including, but not limited
to, carcinogenic, teratogenic, or mutagenic effects), and
(B) to furnish the description of any analytical technique
that can be used to detect and measure any additive in such
fuel, the recommended range of concentration of such addi-
tive, and the recommended purpose-in-use of such additive,
and such other information as is reasonable and necessary to
determine the emissions resulting from the use of the fuel
or additive contained in such fuel, the effect of such fuel
or additive on the emission control performance of any
vehicle, vehicle engine, nonroad engine or nonroad vehicle,
or the extent to which such emissions affect the public
health or welfare.
Tests under subparagraph (A) shall be conducted in conformity
with test procedures and protocols established by the
Administrator. The results of such tests shall not be considered
confidential.
(3) Upon compliance with the provisions of this subsection,
including assurances that the Administrator will receive changes
in the information required, the Administrator shall register
such fuel or fuel additive.
(c)(1) The Administrator may, from time to time on the basis of
information obtained under subsection (b) of this section or
other information available to him, by regulation, control or
prohibit the manufacture, introduction into commerce, offering
for sale, or sale of any fuel or fuel additive for use in a motor
vehicle, motor vehicle engine, or nonroad engine or nonroad
vehicle (A) if in the judgment of the Administrator any emission
product of such fuel or fuel additive causes, or contributes, to

248


air pollution which may reasonably be anticipated to endanger the
public health or welfare, or (B) if emission products of such
fuel or fuel additive will impair to a significant degree the
performance of any emission control device or system which is in
general use, or which the Administrator finds has been developed
to a point where in a reasonable time it would be in general use
were such regulation to be promulgated.
(2)(A) No fuel, class of fuels, or fuel additive may be
controlled or prohibited by the Administrator pursuant to clause
(A) of paragraph (1) except after consideration of all relevant
medical and scientific evidence available to him, including
consideration of other technologically or economically feasible
means of achieving emission standards under section 202.
(B) No fuel or fuel additive may be controlled or prohibited by
the Administrator pursuant to clause (B) of paragraph (1) except
after consideration of available scientific and economic data,
including a cost benefit analysis comparing emission control
devices or systems which are or will be in general use and
require the proposed control or prohibition with emission control
devices or systems which are or will be in general use and do not
require the proposed control or prohibition. On request of a
manufacturer
of motor vehicles, motor vehicle engines, fuels, or fuel
additives submitted within 10 days of notice of proposed rule-
making, the Administrator shall hold a public hearing and publish
findings with respect to any matter he is required to consider
under this subparagraph. Such findings shall be published at the
time of promulgation of final regulations.
(C) No fuel or fuel additive may be prohibited by the Adminis-
trator under paragraph (1) unless he finds, and publishes such
finding, that in his judgment such prohibition will not cause the
use of any other fuel or fuel additive which will produce
emissions which will endanger the public health or welfare to the
same or greater degree than the use of the fuel or fueladditive (continued)