§ 7522. Prohibited acts

Footnotes

1. 1 So in original. Probably should be followed by a comma.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1955

   Pub. L. 89–272 title I § 101(8) · 79 Stat. 992

   Enacted · 42 U.S.C. § 7522

   July 14, 1955, ch. 360, title II, § 203, as added Pub. L. 89–272, title I, § 101(8), Oct. 20, 1965, 79 Stat. 993

   Source evidence

   Code source credit
   July 14, 1955, ch. 360, title II, § 203, as added Pub. L. 89–272, title I, § 101(8), Oct. 20, 1965, 79 Stat. 993

   Enacted provision · exact public law section
   Sec. 101. The Clean Air Act is amended (1) by inserting immediately above the heading of section 1: “TITLE I—AIR POLLUTION PREVENTION AND CONTROL”; (2) by changing the words “this Act” wherever they appear in sections 1 through 7 to “this title”; (3) by redesignating sections 1 through 7 and references thereto as sections 101 through 107; (4) by redesignating sections 8 through 14 and references thereto as sections 301 through 307; (5) by inserting immediately above the heading of the so redesignated section 301: “TITLE III—GENERAL”; (6) by striking out subsection (a) of the so redesignated section 306 and striking out the letter (b) at the beginning of subsection (b) in the so redesignated section 306; (7) by striking out “this Act” in the so redesignated section 306 and inserting in lieu thereof “title I”; and (8) by inserting after the so redesignated section 107 and before the heading of such title III the following new title: “TITLE II— CONTROL OF AIR POLLUTION FROM MOTOR VEHICLES “Sec. 201. “short title This title may be cited as the ‘Motor Vehicle Air Pollution Control Act’. “Sec. 202. “establishment of standards (a) The Secretary shall by regulation, giving appropriate consideration to technological feasibility and economic costs, prescribe as soon as practicable standards, applicable to the emission of any kind of substance, from any class or classes of new motor vehicles or new motor vehicle engines, which in his judgment cause or contribute to, or are likely to cause or to contribute to, air pollution which endangers the health or welfare of any persons, and such standards shall apply to such vehicles or engines whether they are designed as complete systems or incorporate other devices to prevent or control such pollution. “(b) Any regulations initially prescribed under this section, and Effective date. amendments thereto, with respect to any class of new motor vehicles or new motor vehicle engines shall become effective on the effective date specified in the order promulgating such regulations which date shall be determined by the Secretary after consideration of the period reasonably necessary for industry compliance. “Sec. 203. “prohibited acts (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 manufacture for sale, the sale, or the offering for sale, or the introduction or delivery for introduction into commerce, or the importation into the United States for sale or resale, of any new motor vehicle or new motor vehicle engine, manufactured after the effective date of regulations under this title which are applicable to such vehicle or engine unless it is in conformity with regulations prescribed under section 202 (except as provided in subsection (b)); “(2) 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 207; or “(3) 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 regulations under this title prior to its sale and delivery to the ultimate purchaser. “(b) (1) The Secretary may exempt any new motor vehicle or new Exemption authority. motor vehicle engine, or class thereof, from subsection (a), upon such terms and conditions as he may find necessary to protect the public health or welfare, 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 of vehicles. importation by a manufacturer in violation of subsection (a) shall be refused admission into the United States, but the Secretary of the Treasury and the Secretary of Health, Education, and Welfare 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 title. 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 Secretary of Health, Education, and Welfare under this title. “(3) A new motor vehicle or new motor vehicle engine intended Exportation of vehicles. solely for export, and so labeled or tagged on the outside of the container and on the vehicle or, engine itself, shall not be subject to the provisions of subsection (a). “Sec. 204. “injunction proceedings (a) The district courts of the United States shall have jurisdiction to restrain violations of paragraph (1), (2), or (3) 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. “Sec. 205. “penalties Any person who violates paragraph (1), (2), or (3) of section 203(a) shall be subject to a fine of not more than $1,000. Such violation with respect to section 203(a) (1) and 203(a) (3) shall constitute a separate offense with respect to each new motor vehicle or new motor vehicle engine. “Sec. 206. “certification (a) Upon application of the manufacturer, the Secretary shall test, or require to be tested, in such manner as he deems appropriate, any new motor vehicle or new motor vehicle engine submitted by such manufacturer to determine whether such vehicle or engine conforms with the regulations prescribed under section 202 of this title. If such vehicle or engine conforms to such regulations the Secretary shall issue a certificate of conformity, upon such terms, and for such period not less than one year, as he may prescribe. “(b) Any new motor vehicle or any motor vehicle engine sold by such manufacturer which is in all material respects substantially the same construction as the test vehicle or engine for which a certificate has been issued under subsection (a), shall for the purposes of this Act be deemed to be in conformity with the regulations issued under section 202 of this title. “Sec. 207. “records and reports (a) Every manufacturer shall establish and maintain such records, make such reports, and provide such information, as the Secretary may reasonably require to enable him to determine whether such manufacturer has acted or is acting in compliance with this title and regulations thereunder and shall, upon request of an officer or employee duly designated by the Secretary, permit such officer or employee at reasonable times, to have access to and copy such records. “(b) All information reported or otherwise obtained by the Secretary or his representative pursuant to subsection (a), which information contains or relates to a trade secret or other matter referred to in 62 Stat. 791. section 1905 of title 18 of the United States Code, shall be considered confidential for the purpose of such section 1905, except that such information may be disclosed to other officers or employees 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 Secretary or any officer or employee under his control, from the duly authorized committees of the Congress. “Sec. 208. “definitions for title II As used in this title— “(1) The term ‘manufacturer’ means any person engaged in the manufacturing or assembling of new motor vehicles or new motor vehicle engines, or importing such vehicles or engines for resale, or who acts for and is under the control of any such person in connection with the distribution of new motor vehicles or new motor vehicle engines, but shall not include any dealer with respect to new motor vehicles or new motor vehicle engines received by him in commerce. “(2) The term ‘motor vehicle’ means any self-propelled vehicle designed for transporting persons or property on a street or highway. “(3) The term ‘new motor vehicle’ means a motor vehicle the equitable or legal title to which has never been transferred to an ultimate purchaser; and the term ‘new motor vehicle engine’ means an engine in a new motor vehicle or a motor vehicle engine the equitable or legal title to which has never been transferred to the ultimate purchaser. “(4) The term ‘dealer’ means any person who is engaged in the sale or the distribution of new motor vehicles or new motor vehicle engines to the ultimate purchaser. “(5) The term ‘ultimate purchaser’ means, with respect to any new motor vehicle or new motor vehicle engine, the first person who in good faith purchases such new motor vehicle or new engine for purposes other than resale. “(6) The term ‘commerce’ means (A) commerce between any place in any State and any place outside thereof; and (B) commerce wholly within the District of Columbia. “Sec. 209. “appropriations There is hereby authorized to be appropriated to carry out this title II, not to exceed $470,000 for the fiscal year ending June 30, 1966, not to exceed $845,000 for the fiscal year ending June 30, 1967, not to exceed $1,195,000 for the fiscal year ending June 30, 1968, and not to exceed $1,470,000 for the fiscal year ending June 30, 1969.”

2. 1967

   Air Quality Act of 1967

   Pub. L. 90–148 § 2 · 81 Stat. 485

   Substituted · 42 U.S.C. § 7522(a)

   Pub. L. 90–148 substituted “conformity with regulations prescribed under this subchapter” for “conformity with regulations prescribed under section 7521 of this title” in par. (1)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 90–148 substituted “conformity with regulations prescribed under this subchapter” for “conformity with regulations prescribed under section 7521 of this title” in par. (1).

   Enacted provision · exact public law section
   Sec. 2. The Clean Air Act, as amended (42 U.S.C. 1857–18571), is hereby amended to read as follows: “TITLE I— AIR POLLUTION PREVENTION AND CONTROL “Sec. 101. “findings and purposes (a) The Congress finds— “(1) that the predominant part of the Nation’s population is located in its rapidly expanding metropolitan and other urban areas, which generally cross the boundary lines of local jurisdictions and often extend into two or more States; “(2) that the growth in the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare, including injury to agricultural crops and livestock, damage to and the deterioration of property, and hazards to air and ground transportation; “(3) that the prevention and control of air pollution at its source is the primary responsibility of States and local governments; and “(4) that Federal financial assistance and leadership is essential for the development of cooperative Federal, State, regional, and local programs to prevent and control air pollution. “(b) The purposes of this title are— “(1) to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population; “(2) to initiate and accelerate a national research and development program to achieve the prevention and control of air pollution; “(3) to provide technical and financial assistance to State and local governments in connection with the development and execution of their air pollution prevention and control programs; and “(4) to encourage and assist the development and operation of regional air pollution control programs. “Sec. 102. “cooperative activities and uniform laws (a) The Secretary shall encourage cooperative activities by the States and local governments for the prevention and control of air pollution; encourage the enactment of improved and, so far as practicable in the light of varying conditions and needs, uniform State and local laws relating to the prevention and control of air pollution; and encourage the making of agreements and compacts between States for the prevention and control of air pollution. “(b) The Secretary shall cooperate with and encourage cooperative activities by all Federal departments and agencies having functions relating to the prevention and control of air pollution, so as to assure the utilization in the Federal air pollution control program of all appropriate and available facilities and resources within the Federal Government. “(c) The consent of the Congress is hereby given to two or more States to negotiate and enter into agreements or compacts, not in conflict with any law or treaty of the United States, for (1) cooperative effort and mutual assistance for the prevention and control of air pollution and the enforcement of their respective laws relating thereto, and (2) the establishment of such agencies, joint or otherwise, as they may deem desirable for making effective such agreements or compacts. No such agreement or compact shall be binding or obligatory upon any State a party thereto unless and until it has been approved by Congress. It is the intent of Congress that no agreement or compact entered into between States after the date of enactment of the Air Quality Act of 1967, which relates to the control and abatement of air pollution in an air quality control region, shall provide for participation by a State which is not included (in whole or in part) m such air quality control region. “Sec. 103. “research, investigations, training, and other activities (a) The Secretary shall establish a national research and development program for the prevention and control of air pollution and as part of such program shall— “(1) conduct, and promote the coordination and acceleration of, research, investigations, experiments, training, demonstrations, surveys, and studies relating to the causes, effects, extent, prevention, and control of air pollution; “(2) encourage, cooperate with, and render technical services and provide financial assistance to air pollution control agencies and other appropriate public or private agencies, institutions, and organizations, and individuals in the conduct of such activities; “(3) conduct investigations and research and make surveys concerning any Specific problem of air pollution in cooperation with any air pollution control agency with a view to recommending a solution of such problem, if he is requested to do so by such agency or if, in his judgment, such problem may affect any community or communities in a State other than that in which the source of the matter causing or contributing to the pollution is located; “(4) establish technical advisory committees composed of recognized experts in various aspects of air pollution to assist in the examination and evaluation of research progress and proposals and to avoid duplication of research. “(b) In carrying out the provisions of the preceding subsection the Secretary is authorized to— “(1) collect and make available, through publications and other appropriate means, the results of and other information, including appropriate recommendations by him in connection therewith, pertaining to such research and other activities; “(2) cooperate with other Federal departments and agencies, with air pollution control agencies, with other public and private agencies, institutions, and organizations, and with any industries involved, in the preparation and conduct of such research and other activities; “(3) make grants to air pollution control agencies, to other public or nonprofit private agencies, institutions, and organizations, and to individuals, for purposes stated in subsection (a)(1) of this section; “(4) contract with public or private agencies, institutions, and organizations, and with individuals, without regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5); “(5) provide training for, and make training grants to, personnel of air pollution control agencies and other persons with suitable qualifications; “(6) establish and maintain research fellowships, in the Department of Health, Education, and Welfare and at public or non-profit private educational institutions or research organizations: “(7) collect and disseminate, in cooperation with other Federal departments and agencies, and with other public or private agencies, institutions, and organizations having related responsibilities, basic data on chemical, physical, and biological effects of varying air quality and other information pertaining to air pollution and the prevention and control thereof; and “(8) develop effective and practical processes, methods, and prototype devices for the prevention or control of air pollution. “(c) In carrying out the provisions of subsection (a) of this section the Secretary shall conduct research on, and survey the results of other scientific studies on, the harmful effects on the health or welfare of persons by the various known air pollution agents (or combinations of agents). “(d) The Secretary is authorized to construct such facilities and staff and equip them as he determines to be necessary to carry out his functions under this Act. “(e) If, in the judgment of the Secretary, an air pollution problem of substantial significance may result from discharge or discharges into the atmosphere, he may call a conference concerning this potential air pollution problem to be held in or near one or more of the places where such discharge or discharges are occurring or will occur. All interested persons shall be given an opportunity to be heard at such conference, either orally or in writing, and shall be permitted to appear in person or by representative in accordance with procedures prescribed by the Secretary. If the Secretary finds, on the basis of the evidence presented at such conference, that the discharge or discharges if permitted to take place or continue are likely to cause or contribute to air pollution subject to abatement under section 108(a), he shall send such findings, together with recommendations concerning the measures which he finds reasonable and suitable to prevent such pollution, to the person or persons whose actions will result in the discharge or discharges involved; to air pollution agencies of the State or States and of the municipality or municipalities where such discharge or discharges will originate; and to the interstate air pollution control agency, if any, in the jurisdictional area of which any such municipality is located. Such findings and recommendations shall be advisory only, but shall be admitted together with the record of the conference, as part of the proceedings under subsections (d), (e), and (f) of section 108. “Sec. 104. “research relating to fuels and vehicles (a) The Secretary shall give special emphasis to research and development into new and improved methods, having industrywide application, for the prevention and control of air pollution resulting from the combustion of fuels. In furtherance of such research and development he shall— “(1) conduct and accelerate research programs directed toward development of improved, low-cost techniques for control of com-bustion byproducts of fuels, for removal of potential pollutants from fuels, and for control of emissions from evaporation of fuels; “(2) provide for Federal grants to public or nonprofit agencies, institutions, and organizations and to individuals, and contracts with public or private agencies, institutions, or persons, for payment of (A) part of the cost of acquiring, constructing, or otherwise securing for research and development purposes, new or improved devices or methods having industrywide application of preventing or controlling discharges into the air of various types of pollutants; and (B) carrying out the other provisions of this section, without regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5): Provided, That research or demonstration contracts awarded pursuant to this subsection (including contracts for construction) may be made in accordance with, and subject to the limitations provided with respect to research contracts of the military departments in, section 2353 of 70A Stat. 134. title 10, United States Code, except that the determination, approval, and certification required thereby shall be made by the Limitation. Secretary: Provided further, That no grant may be made under this paragraph in excess of $1,500,000; “(3) determine, by laboratory and pilot plant testing, the results of air pollution research and studies in order to develop new or improved processes and plant designs to the point where they can be demonstrated on a large and practical scale; “(4) construct, operate, and maintain, or assist in meeting the cost of the construction, operation, and maintenance of new or improved demonstration plants or processes which have promise of accomplishing the purposes of this Act; “(5) study new or improved methods for the recovery and marketing of commercially valuable byproducts resulting from the removal of pollutants. “(b) In carrying out the provisions of this section, the Secretary may— “(1) conduct and accelerate research and development of low-cost instrumentation techniques to facilitate determination of quantity and quality of air pollutant emissions, including, but not limited to, automotive emissions; “(2) utilize, on a reimbursable basis, the facilities of existing Federal scientific laboratories; “(3) establish and operate necessary facilities and test sites at which to carry on the research, testing, development, and programing necessary to effectuate the purposes of this section; “(4) acquire secret processes, technical data, inventions, patent applications, patents, licenses, and an interest in lands, plants, and facilities, and other property or rights by purchase, license, lease, or donation; and “(5) cause on-site inspections to be made of promising domestic and foreign projects, and cooperate and participate in their development in instances in which the purposes of the Act will be served thereby. “(c) For the purposes of this section there are authorized to be appropriated for the fiscal year ending June 30, 1968, $35,000,000, and for the fiscal year ending June 30, 1969, $90,000,000. Amounts appropriated pursuant to this subsection shall remain available until expended. “Sec. 105. “grants for support of air pollution planning and control programs (a) (1) The Secretary is authorized to make grants to air pollution control agencies in an amount up to two-thirds of the cost of planning, developing, establishing, or improving, and grants to such agencies in an amount up to one-half of the cost of maintaining, programs for the prevention and control of air pollution and programs for the implementation of air quality standards authorized by this Act: Provided, That the Secretary is authorized to make grants to air pollution control agencies within the meaning of sections 302(b)(2) and 302(b)(4) in an amount up to three-fourths of the cost of planning, developing, establishing, or improving and up to three-fifths of the cost of maintaining, regional air quality control programs. As used “Regional air quality control program.” in this subsection the term ‘regional air quality control program’ means a program for the prevention and control of air pollution or the implementation of air quality standards programs as authorized by this Act, in an area that includes the areas of two or more municipalities whether in the same or different States. “(2) Before approving any grant under this subsection to any air pollution control agency within the meaning of sections 302(b)(2) and 302(b)(4), the Secretary shall receive assurances that such agency provides for adequate representation of appropriate State, interstate, local, and (when appropriate) international, interests in the air quality control region. “(3) Before approving any planning grant under this subsection to any air pollution control agency within the meaning of sections 302 (b)(2) and 302(b)(4), the Secretary shall receive assurances that such agency has the capability of developing a comprehensive air quality plan for the air quality control region, which plan shall include (when appropriate) a recommended system of alerts to avert and reduce the risk of situations in which there may be imminent and serious danger to the public health or welfare from air pollutants and the various aspects relevant to the establishment of air quality standards for such air quality control region, including the concentration of industries, other commercial establishments, population and naturally occurring factors which shall affect such standards. “(b) From the sums available for the purposes of subsection (a) of this section for any fiscal year, the Secretary shall from time to time make grants to air pollution control agencies upon such terms and conditions as the Secretary may find necessary to carry out the purpose of this section. In establishing regulations for the granting of such funds the Secretary shall, so far as practicable, give due consideration to (1) the population, (2) the extent of the actual or potential air pollution problem, and (3) the financial need of the respective agencies. No agency shall receive any grant under this section during any fiscal year when its expenditures of non-Federal funds for other than nonrecurrent expenditures for air pollution control programs will be less than its expenditures were for such programs during the preceding fiscal year; and no agency shall receive any grant under this section with respect to the maintenance of a program for the prevention and control of air pollution unless the Secretary is satisfied that such grant will be so used as to supplement and, to the extent practicable, increase the level of State, local, or other non-Federal funds that would in the absence of such grant be made available for the maintenance of such program, and will in no event supplant such State, local, or other non-Federal funds. No grant shall be made under this section until the Secretary has consulted with the appropriate official as designated by the Governor or Governors of the State or States affected. “(c) Not more than 10 per centum of the total of funds appropriated or allocated for the purposes of subsection (a) of this section shall be granted for air pollution control programs in any one State. In the case of a grant for a program in an area crossing State boundaries, the Secretary shall determine the portion of such grant that is chargeable to the percentage limitation under this subsection for each State into which such area extends. “Sec. 106. “interstate air quality agencies or commissions (a) For the purpose of expediting the establishment of air quality standards in an interstate air quality control region designated pursuant to section 107(a)(2), the Secretary is authorized to pay, for two years, up to 100 per centum of the air quality planning program costs of any agency designated by the Governors of the affected States, which agency shall be capable of recommending to the Governors standards of air quality and plans for implementation thereof and shall include representation from the States and appropriate political subdivisions within the air quality control region. After the initial two-year period the Secretary is authorized to make grants to such agency in an amount up to three-fourths of the air quality planning program costs of such agency. “(b) (1) Whenever the Secretary deems it necessary to expedite the establishment of standards for an interstate air quality control region designated pursuant to section 107(a)(2) he may, after consultation with the Governors of the affected States, designate or establish an air quality planning commission for the purpose of developing recommended regulations setting forth standards of air quality to be applicable to such air quality control region. “(2) Such Commission shall consist of the Secretary or his designee who shall serve as Chairman, and adequate representation of appropriate State, interstate, local and (when appropriate), international, interests in the designated air quality control region. “(3) The Secretary shall, within available funds, provide such staff for such Commission as may be necessary to enable it to carry out its functions effectively, and shall pay the other expenses of the Commission; and may also accept for the use by such Commission, funds, property, or services contributed by the State involved or political subdivisions thereof. “(4) Each appointee from a State, other than an official or employee thereof, or of any political subdivision thereof, shall, while engaged in the work of the Commission, receive compensation at a rate fixed by the Secretary, but not in excess of $100 per diem, including traveltime, and while away from his home or regular place of business, he may be allowed travel expenses, including per diem in 80 Stat. 416. lieu of subsistence, as authorized by law (5 U.S.C. 3109) for persons in the Government service employed intermittently. “Sec. 107. “air quality control regions, criteria, and control techniques (a) (1) The Secretary shall, as soon as practicable, but not later than one year after the date of enactment of the Air Quality Act of 1967, define for the purposes of this Act, atmospheric areas of the Nation on the basis of those conditions, including, but not limited to, climate, meteorology, and topography, which affect the interchange and diffusion of pollutants in the atmosphere. “(2) For the purpose of establishing ambient air quality standards pursuant to section 108, and for administrative and other purposes, the Secretary, after consultation with appropriate State and local authorities shall, to the extent feasible, within 18 months after the date of enactment of the Air Quality Act of 1967 designate air quality control regions based on jurisdictional boundaries, urban-industrial concentrations, and other factors including atmospheric areas necessary to provide adequate implementation of air quality standards. The Secretary may from time to time thereafter, as he determines necessary to protect the public health and welfare and after consultation with appropriate State and local authorities, revise the designation of such regions and designate additional air quality control regions. The Secretary shall immediately notify the Governor or Governors of the affected State or States of such designation. “(b) (1) The Secretary shall, after consultation with appropriate advisory committees and Federal departments and agencies, from time to time, but as soon as practicable, develop and issue to the States such criteria of air quality as in his judgment may be requisite for the protection of the public health and welfare: Provided, That any criteria issued prior to enactment of this section shall be reevaluated in accordance with the consultation procedure and other provisions of this section and, if necessary, modified and reissued. Such issuance Publication in Federal Register. shall be announced in the Federal Register and copies shall be made available to the general public. “(2) Such criteria shall accurately reflect the latest scientific knowledge useful in indicating the kind and extent of all indentifiable effects on health and welfare which may be. expected from the presence of an air pollution agent, or combination of agents in the ambient air, in varying quantities. “(3) Such criteria shall include those variable factors which of themselves or in combination with other factors may alter the effects on public health and welfare of any subject agent or combination of agents, including, but not limited to, atmospheric conditions, and the types of air pollution agent or agents which, when present in the atmosphere, may interact with such subject agent or agents, to produce an adverse effect on public health and welfare. “(c) The Secretary shall, after consultation with appropriate advisory committees and Federal departments and agencies, issue to the States and appropriate air pollution control agencies information on those recommended pollution control techniques the application of which is necessary to achieve levels of air quality set forth in criteria issued pursuant to subsection (b), including those criteria subject to the proviso in subsection (b)(1), which information shall include technical data relating to the technology and costs of emission control. Such recommendations shall include such data as are available on the latest available technology and economic feasibility of alternative methods of prevention and control of air contamination including cost-effectiveness analyses. Such issuance shall be announced in the Publication in Federal Register. Federal Register and copies shall be made available to the general public. “(d) The Secretary shall, from time to time, revise and reissue material issued pursuant to subsections (b) and (c) in accordance with procedures established in such subsections. “Sec. 108. “air quality standards and abatement of air pollution (a) The pollution of the air in any State or States which endangers the health or welfare of any persons, shall be subject to abatement as provided in this section. “(b) Consistent with the policy declaration of this title, municipal, State, and interstate action to abate air pollution shall be encouraged and shall not be displaced by Federal enforcement action except as otherwise provided by or pursuant to a court order under subsection (c), (h), or (k). “(c) (1) If, after receiving any air quality criteria and recommended control techniques issued pursuant to section 107, the Governor of a State, within ninety days of such receipt, files a letter of intent that such State will within one hundred and eighty days, and from time to time thereafter, adopt, after public hearings, ambient air quality standards applicable to any designated air quality control region or portions thereof within such State and within one Hundred and eighty days thereafter, and from time to time as may be necessary, adopts a plan for the implementation, maintenance, and enforcement of such standards of air quality adopted, and if such standards and plan are established in accordance with the letter of intent and if the Secretary determines that such State standards are consistent with the air quality criteria and recommended control techniques issued pursuant to section 107; that the plan is consistent with the purposes of the Act insofar as it assures achieving such standards of air quality within a reasonable time; and that a means of enforcement by State action, including authority comparable to that in subsection (k) of this section, is provided, such State standards and plan shall be the air quality standards applicable to such State. If the Secretary determines that any revised State standards and plan are consistent with the purposes of this Act and this subsection, such standards and plan shall be the air quality standards applicable to such State. “(2) If a State does not (A) file a letter of intent or (B) establish air quality standards in accordance with paragraph (1) of this subsection with respect to any air quality control region or portion thereof and if the Secretary finds it necessary to achieve the purpose of this Act, or the Governor of any State affected by air quality standards established pursuant to this subsection petitions for a revision in such standards, the Secretary may after reasonable notice and a conference of representatives of appropriate Federal departments and agencies, interstate agencies, States, municipalities, and industries involved, prepare regulations setting .forth standards of air quality consistent with the air quality criteria and recommended control techniques issued pursuant to section 107 to be applicable to such air quality control region or portions thereof. If, within six months from the date the Secretary publishes such regulations, the State has not adopted air quality standards found by the Secretary to be consistent with the purposes of this Act, or a petition for public hearing has not been filed under paragraph (3) of this subsection, the Secretary shall promulgate such standards. “(3) If at any time prior to thirty days after standards have been promulgated under paragraph (2) of this subsection, the Governor of any State affected by such standards petitions the Secretary for a hearing, the Secretary shall call a public hearing for the purpose of receiving testimony from State and local pollution control agencies and other interested parties affected by the proposed standards, to be held in or near one or more of the places where the air quality standards will take effect, before a hearing board of five or more persons appointed by the Secretary. Each State which would be affected by such standards shall be given an opportunity to select a member of the hearing board. Each Federal department, agency, or instrumentality having a substantial interest in the subject matter as determined by the Secretary shall be given an opportunity to select one member of the hearing board and not less than a majority of the hearing board shall be persons other than officers or employees of the Department of Compensation, travel expenses. Health, Education, and Welfare. The members of the board who are not officers or employees of the United States, while participating in the hearing conducted by such hearing board or otherwise engaged in the work of such hearing board, shall be entitled to receive compensation at a rate fixed by the Secretary, but not exceeding $100 per diem, including traveltime, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703, title 5, of the United States Code for persons in the Government service employed 80 Stat. 499. Publication in Federal Register. intermittently. At least thirty days prior to the date of such hearing notice of such hearing shall be published in the Federal Register and given to parties notified of the conference required in paragraph (2) of this subsection. On the basis of the evidence presented at such hearing, the hearing board shall within ninety days unless the Secretary determines a longer period is necessary, but in no event longer than one hundred and eighty days, make findings as to whether the standards published or promulgated by the Secretary should be approved or modified and transmit its findings to the Secretary. If the hearing board approves the standards as published or promulgated by the Secretary, the standards shall take effect on receipt by the Secretary of the hearing board’s recommendations. If the hearing board recommends modifications in the standards as published or promulgated by the Secretary, the Secretary shall promulgate revised regulations setting forth standards of air quality in accordance with the hearing board’s recommendations which will become effective immediately upon promulgation. “(4) Whenever, on the basis of surveys, studies and reports, the Violations, jurisdiction. Secretary finds that the ambient air quality of any air quality control region or portion thereof is below the air quality standards established under this subsection, and he finds that such lowered air quality results from the failure of a State to take reasonable action to enforce such standards, the Secretary shall notify the affected State or States, persons contributing to the alleged violation, and other interested parties of the violation of such standards. If such failure does not cease within one hundred and eighty days from the date of the Secretary’s notification, the Secretary— “(i) in the case of pollution of air which is endangering the health or welfare of persons in a State other than that in which the discharge or discharges (causing or contributing to such pollution) originate, may request the Attorney General to bring a suit on behalf of the United States in the appropriate United States district court to secure abatement of the pollution. “(ii) in the case of pollution of air which is endangering the health or welfare of persons only in the State in which the discharge or discharges (causing or contributing to such pollution) originate, at the request of the Governor of such State, shall provide such technical and other assistance as in his judgment is necessary to assist the State in judicial proceedings to secure abatement of the pollution under State or local law, or, at the request of the Governor of such State, shall request the Attorney General to bring suit on behalf of the United States in the appropriate United States district court to secure abatement of the pollution. In any suit brought under the provisions of this subsection the court shall receive in evidence a transcript of the proceedings of the hearing provided for in this subsection, together with the recommendations of the hearing board and the recommendations and standards promulgated by the Secretary, and such additional evidence, including that relating to the alleged violation of the standards, as it deems necessary to complete review of the standards and to determination of all other issues relating to the alleged violation. The court, giving due consideration to the practicability and to the technological and economic feasibility of complying with such standards, shall have jurisdiction to enter such judgment and orders enforcing such judgment as the public interest and the equities of the case may require. “(5) In connection with any hearings under this section no witness or any other person shall be required to divulge trade secrets or secret processes. “(6) Nothing in this subsection shall prevent the application of this section to any case to which subsection (a) of this section would be otherwise applicable. “(d) (1) (A) Whenever requested by the Governor of any State, a State air pollution control agency, or (with the concurrence of the Governor and the State air pollution control agency for the State in which the municipality is situated) the governing body of any municipality, the Secretary shall, if such request refers to air pollution which is alleged to endanger the health or welfare of persons in a State other than that in which the discharge or discharges (causing or contributing to such pollution) originate, give formal notification thereof to the air pollution control agency of the municipality where such discharge or discharges originate, to the air pollution control agency of the State in which such municipality is located, and to the interstate air pollution control agency, if any, in whose jurisdictional area such municipality is located, and shall call promptly a conference of such agency or agencies and of the air pollution control agencies of the municipalities which may be adversely affected by such pollution, and the air pollution control agency, if any, of each State, or for each area, in which any such municipality is located. “(B) Whenever requested by the Governor of any State, a State air pollution control agency, or (with the concurrence of the Governor and the State air pollution control agency for the State in which the municipality is situated) the governing body of any municipality, the Secretary shall, if such request refers to alleged air pollution which is endangering the health or welfare of persons only in the State in which the discharge or discharges (causing or contributing to such pollution) originate and if a municipality affected by such air pollution, or the municipality in which such pollution originates, has either made or concurred in such request, give formal notificaton thereof to the State air pollution control agency, to the air pollution control agencies of the municipality where such discharge or discharges originate, and of the municipality or municipalities alleged to be adversely affected thereby, and to any interstate air pollution control agency, whose jurisdictional area includes any such municipality and shall promptly call a conference of such agency or agencies, unless in the judgment of the Secretary, the effect of such pollution is not of such significance as to warrant exercise of Federal jurisdiction under this section. “(C) The Secretary may, after consultation with State officials of all affected States, also call such a conference whenever, on the basis of reports, surveys, or studies, he has reason to believe that any pollution referred to in subsection (a) is occurring and is endangering the health and welfare of persons in a State other than that in which the discharge or discharges originate. The Secretary shall invite the cooperation of any municipal, State, or interstate air pollution control agencies having jurisdiction in the affected area on any surveys or studies forming the basis of conference action. “(D) Whenever the Secretary, upon receipt of reports, surveys, or studies from any duly constituted international agency, has reason to believe that any pollution referred to in subsection (a) which endangers the health or welfare of persons in a foreign country is occurring, or whenever the Secretary of State requests him to do so with respect to such pollution which the Secretary of State alleges is of such a nature, the Secretary of Health, Education, and Welfare shall give formal notification thereof to the air pollution control agency of the municipality where such discharge or discharges originate, to the air pollution control agency of the State in which such municipality is located, and to the interstate air pollution control agency, if any, in the jurisdictional area of which such municipality is located, and shall call promptly a conference of such agency or agencies. The Secretary shall invite the foreign country which may be adversely affected by the pollution to attend and participate in the conference, and the representative of such country snail, for the purpose of the conference and any further proceeding resulting from such conference, have all the rights of a State air pollution control agency. This subparagraph shall apply only to a foreign country which the Secretary determines has given the United States essentially the same rights with respect to the prevention or control of air pollution occurring in that country as is given that country by this subparagraph. “(2) The agencies called to attend such conference may bring such persons as they desire to the conference. The Secretary shall deliver to such agencies and make available to other interested parties, at least thirty days prior to any such conference, a Federal report with respect to the matters before the conference, including data and conclusions or findings (if any); and shall give at least thirty days’ prior notice of the conference date to any such agency, and to the public by publication on at least three different days m a newspaper or newspapers of general circulation in the area. The chairman of the conference shall give interested parties an opportunity to present their views to the conference with respect to such Federal report, conclusions or findings (if any), and other pertinent information. The Secretary shall provide that a Transcript of proceedings. transcript be maintained of the proceedings of the conference and that a copy of such transcript be made available on request of any participant in the conference at the expense of such participant. “(3) Following this conference, the Secretary shall prepare and forward to all air pollution control agencies attending the conference a summary of conference discussions including (A) occurrence of air pollution subject to abatement under this Act; (B) adequacy of measures taken toward abatement of the pollution; and (C) nature of delays, if any, being encountered in abating the pollution. “(e) If the Secretary believes, upon the conclusion of the conference or thereafter, that effective progress toward abatement of such pollution is not being made and that the health or welfare of any persons is being endangered, he shall recommend to the appropriate State, interstate, or municipal air pollution control agency (or to all such agencies) that the necessary remedial action be taken. The Secretary shall allow at least six months from the date he makes such recommendations for the taking of such recommended action. “(f) (1) If, at the conclusion of the period so allowed, such remedial Hearings; board members. action or other action which in the judgment of the Secretary is reasonably calculated to secure abatement of such pollution has not been taken, the Secretary shall call a public hearing, to be held in or near one or more of the places where the discharge or discharges causing or contributing to such pollution originated, before a hearing board of five or more persons appointed by the Secretary. Each State in which any discharge causing or contributing to such pollution originates and each State claiming to be adversely affected by such pollution shall be given an opportunity to select one member of such hearing board and each Federal department, agency, or instrumentality having a substantial interest in the subject matter as determined by the Secretary shall be given an opportunity to select one member of such hearing board, and one member shall be a representative of the appropriate interstate air pollution agency if one exists, and not less than a majority of such hearing board shall be persons other than officers or employees of the Department of Health, Education, and Welfare. At least three weeks’ prior notice of such hearing shall be given to the State, interstate, and municipal air pollution control agencies called to attend such hearing and to the alleged polluter or polluters. All interested parties shall be given a reasonable opportunity to present evidence to such hearing board. “(2) On the basis of evidence presented at such hearing, the hearing board shall make findings as to whether pollution referred to in subsection (a) is occurring and whether effective progress toward abatement thereof is being made. If the hearing board finds such pollution is occurring and effective progress toward abatement thereof is not being made it shall make recommendations to the Secretary concerning the measures, if any, which it finds to be reasonable and suitable to secure abatement of such pollution. “(3) The Secretary shall send such findings and recommendations to the person or persons discharging any matter causing or contributing to such pollution; to air pollution control agencies of the State or States and of the municipality or municipalities where such discharge or discharges originate; and to any interstate air pollution control agency whose jurisdictional area includes any such municipality, together with a notice specifying a reasonable time (not less than six months) to secure abatement of such pollution. “(g) If action reasonably calculated to secure abatement of the pollution within the time specified in the notice following the public hearing is not taken, the Secretary— “(1) in the case of pollution of air which is endangering the health or welfare of persons (A) in a State other than that in which the discharge or discharges (causing or contributing to such pollution) originate, or (B) in a foreign country which has participated in a conference called under subparagraph (D) of subsection (d) of this section and in all proceedings under this section resulting from such conference, may request the Attorney General to bring a suit on behalf of the United States in the appropriate United States district court to secure abatement of the pollution. “(2) in the case of pollution of air which is endangering the health or welfare of persons only in the State in which the discharge or discharges (causing or contributing to such pollution) originate, at the request of the Governor of such State, shall provide such technical and other assistance as in his judgment is necessary to assist the State in judicial proceedings to secure abatement of the pollution under State or local law or, at the request of the Governor of such State, shall request the Attorney General to bring suit on behalf of the United States in the appropriate United States district court to secure abatement of the pollution. “(h) The court shall receive in evidence in any suit brought in a United States court under subsection (g) of this section a transcript of the proceedings before the board and a copy of the board’s recommendations and shall receive such further evidence as the court in its discretion deems proper. The court, giving due consideration to the practicability of complying with such standards as may be applicable and to the physical and economic feasibility of securing abatement of any pollution proved, shall have jurisdiction to enter such judgment, and orders enforcing such judgment, as the public interest and the equities of the case may require. “(i) Members of any hearing board appointed pursuant to subsection (f) who are not regular full-time officers or employees of the United States shall, while participating in the hearing conducted by such board or otherwise engaged on the work of such board, be entitled to receive compensation at a rate fixed by the Secretary, but not exceeding $100 per diem, including traveltime, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 73b–2) for persons in the Government service employed 80 Stat. 499. 5 USC 5703. intermittently. “(j) (1) In connection with any conference called under this section, the Secretary is authorized to require any person whose activities result in the emission of air pollutants causing or contributing to air pollution to file with him, in such form as he may prescribe, a report, based on existing data, furnishing to the Secretary such information as may reasonably be required as to the character, kind, and quantity of pollutants discharged and the use of devices or other means to prevent or reduce the emission of pollutants by the person filing such a report. After a conference has been held with respect to any such pollution the Secretary shall require such reports from the person whose activities result in such pollution only to the extent recommended by such conference. Such report shall be made under oath or otherwise, as the Secretary may prescribe, and shall be filed with the Secretary within such reasonable period as the Secretary may prescribe, unless additional time be granted by the Secretary. No person shall be required in such report to divulge trade secrets or secret processes and all information reported shall be considered confidential for the purposes of section 1905 of title 18 of the United States Code. 62 Stat. 791. “(2) If any person required to file any report under this subsection shall fail to do so within the time fixed by the Secretary for filing the same, and such failure shall continue for thirty days after notice of such default, such person shall forfeit to the United States the sum of $100 for each and every day of the continuance of such failure, which forfeiture shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States brought in the district where such person has his principal office or in any district in which he does business: Provided, That the Secretary may upon application therefor remit or mitigate any forfeiture provided for under this subsection and he shall have authority to determine the facts upon all such applications. “(3) It shall be the duty of the various United States attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of such forfeitures. “(k) Notwithstanding any other provision of this section, the Secretary, upon receipt of evidence that a particular pollution source or combination of sources (including moving sources) is presenting an imminent and substantial endangerment to the health of persons, and finding that appropriate State or local authorities have not acted to abate such sources, may request the Attorney General to bring suit on behalf of the United States in the appropriate United States district court to immediately enjoin any contributor to the alleged pollution to stop the emission of contaminants causing such pollution or to take such other action as may be necessary. “Sec. 109. “standards to achieve higher level of air quality Nothing in this title shall prevent a State, political subdivision, intermunicipal or interstate agency from adopting standards and plans to implement an air quality program which will achieve a higher level of ambient air quality than approved by the Secretary. “Sec. 110. “president’s air quality advisory board and advisory committees (a) (1) There is hereby established in the Department of Health, Education, and Welfare an Air Quality Advisory Board, composed of the Secretary or his designee, who shall be Chairman, and fifteen members appointed by the President, none of whom shall be Federal officers or employees. The appointed members, having due regard for the purposes of this Act, shall be selected from among representatives of various State, interstate, and local governmental agencies, of public or private interests contributing to, affected by, or concerned with air pollution, and of other public and private agencies, organizations, or groups demonstrating an active interest in the field of air pollution prevention and control, as well as other individuals who are expert in this field. “(2) Each member appointed by the President shall hold office for a term of three years, except that (A) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (B) the terms of office of the members first taking office pursuant to this subsection shall expire as follows: five at the end of one year after the date of appointment, five at the end of two years after such date, and five at the end of three years after such date, as designated by the President at the time of appointment, and (C) the term of any member under the preceding provisions shall be extended until the date on which his successor’s appointment is effective. None of the members shall be eligible for reappointment within one year after the end of his preceding term, unless such term was for less than three years. “(b) The Board shall advise and consult with the Secretary on matters of policy relating to the activities and functions of the Secretary under this Act and make such recommendations as it deems necessary to the President. “(c) Such clerical and technical assistance as may be necessary to discharge the duties of the Board and such other advisory committees as hereinafter authorized shall be provided from the personnel of the Department of Health, Education, and Welfare. “(d) In order to obtain assistance in the development and implementation of the purposes of this Act including air quality criteria, recommended control techniques, standards, research and development, and to encourage the continued efforts on the part of industry to improve air quality and to develop economically feasible methods for the control and abatement of air pollution, the Secretary shall from time to time establish advisory committees. Committee members shall include, but not be limited to, persons who are knowledgeable concerning air quality from the standpoint of health, welfare, economics, or technology. “(e) The members of the Board and other advisory committees appointed pursuant to this Act who are not officers or employees of the United States while attending conferences or meetings of the Board or while otherwise serving at the request of the Secretary, shall be entitled to receive compensation at a rate to be fixed by the Secretary, but not exceeding $100 per diem, including traveltime, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, 80 Stat. 499. as authorized by section 5703 of title 5 of the United States Code for persons in the Government service employed intermittently. “Sec. 111. “cooperation by federal agencies to control air pollution from federal facilities (a) It is hereby declared to be the intent of Congress that any Federal department or agency having jurisdiction over any building, installation, or other property shall, to the extent practicable and consistent with the interests of the United States and within any available appropriations, cooperate with the Department of Health, Education, and Welfare and with any air pollution control agency in preventing and controlling the pollution of the air in any area insofar as the discharge of any matter from or by such building, installation, or other property may cause or contribute to pollution of the air in such area. “(b) In order to control air pollution which may endanger the health or welfare of any persons, the Secretary may establish classes of potential pollution sources for which any Federal department or agency having jurisdiction over any building, installation, or other property shall, before discharging any matter into the air of the United States, obtain a permit from the Secretary for such discharge, such permits to be issued for a specified period of time to be determined by the Secretary and subject to revocation if the Secretary finds pollution is endangering the health and welfare of any persons. In connection with the issuance of such permits, there shall be submitted to the Secretary such plans, specifications, and other information as he deems relevant thereto and under such conditions as he may prescribe. The Secretary Report to Congress. shall report each January to the Congress the status of such permits and compliance therewith. “TITLE II— NATIONAL EMISSION STANDARDS ACT “Sec. 201. “short title This title may be cited as the ‘National Emission Standards Act’. “Sec. 202. “establishment of standards (a) The Secretary shall by regulation, giving appropriate consideration to technological feasibility and economic costs, prescribe as soon as practicable standards, applicable to the emission of any kind of substance, from any class or classes of new motor vehicles or new motor vehicle engines, which in his judgment cause or contribute to, or are likely to cause or to contribute to, air pollution which endangers the health or welfare of any persons, and such standards shall apply to such vehicles or engines whether they are designed as complete systems or incorporate other devices to prevent or control such pollution. “(b) Any regulations initially prescribed under this section, and Effective date of regulations. amendments thereto, with respect to any class of new motor vehicles or new motor vehicle engines shall become effective on the effective date specified in the order promulgating such regulations which date shall be determined by the Secretary after consideration of the period reasonably necessary for industry compliance. “Sec. 203. “prohibited acts (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 manufacture for sale, the sale, or the offering for sale, or the introduction or delivery for introduction into commerce, or the importation into the United States for sale or resale, of any new motor vehicle or new motor vehicle engine, manufactured after the effective date of regulations under this title which are applicable to such vehicle or engine unless it is in conformity with regulations prescribed under this title (except as provided in subsection (b)); “(2) 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 207; or “(3) 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 regulations under this title prior to its sale and delivery to the ultimate purchaser. “(b) (1) The Secretary may exempt any new motor vehicle or new motor vehicle engine, or class thereof, from subsection (a), upon such terms and conditions as he may find necessary to protect the public health or welfare, 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 by a manufacturer in violation of subsection (a) shall be refused admission into the United States, but the Secretary of the Treasury and the Secretary of Health, Education, and Welfare 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 title. 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 Secretary of Health, Education, and Welfare under this title. “(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 not be subject to the provisions of subsection (a). “Sec. 204. “injunction proceedings (a) The district courts of the United States shall have jurisdiction to restrain violations of paragraph (1), (2), or (3) 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. “Sec. 205. “penalties Any person who violates paragraph (1), (2), or (3) of section 203(a) shall be subject to a fine of not more than $1,000. Such violation with respect to sections 203(a)(1) and 203(a)(3) shall constitute a separate offense with respect to each new motor vehicle or new motor vehicle engine. “Sec. 206. “certificatation (a) Upon application of the manufacturer, the Secretary shall test, or require to be tested, in such manner as he deems appropriate, any new motor vehicle or new motor vehicle engine submitted by such manufacturer to determine whether such vehicle or engine conforms with the regulations prescribed under section 202 of this title. If such vehicle or engine conforms to such regulations the Secretary shall issue a certificate of conformity, upon such terms, and for such period not less than one year, as he may prescribe. “(b) Any new motor vehicle or any motor vehicle engine sold by such manufacturer which is in all material respects substantially the same construction as the test vehicle or engine for which a certificate has been issued under subsection (a), shall for the purposes of this Act be deemed to be in conformity with the regulations issued under section 202 of this title. “Sec. 207. “records and reports (a) Every manufacturer shall establish and maintain such records, make such reports, and provide such information as the Secretary may reasonably require to enable him to determine whether such manufacturer has acted or is acting in compliance with this title and regulations thereunder and shall, upon request of an officer or employee duly designated by the Secretary, permit such officer or employee at reasonable times to have access to and copy such records. “(b) All information reported or otherwise obtained by the Secretary or his representative pursuant to subsection (a), which information contains or relates to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code, shall be considered 62 Stat. 791. confidential for the purpose of such section 1905, except that such information may be disclosed to other officers or employees 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 Secretary or any officer or employee under his control, from the duly authorized committees of the Congress. “Sec. 208. “state standards (a) No State or any political subdivision thereof shall adopt or attempt to enforce any standard relating to the control of emissions from new motor vehicles or new motor vehicle engines subject to this title. No State shall require certification, inspection, or any other approval relating to the control of emissions from any new motor vehicle or new motor vehicle engine as condition precedent to the initial retail sale, titling (if any), or registration of such motor vehicle, motor vehicle engine, or equipment. “(b) The Secretary 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, unless he finds that such State does not require standards more stringent than applicable Federal standards to meet compelling and extraordinary conditions or that such State standards and accompanying enforcement procedures are not consistent with section 202(a) of this title. “(c) Nothing in this title shall preclude or deny to any State or political subdivision thereof the right otherwise to control, regulate, or restrict the use, operation, or movement of registered or licensed motor vehicles. “Sec. 209. “federal assistance in developing vehicle inspection programs The Secretary is authorized to make grants to appropriate State air pollution control agencies in an amount up to two-thirds of the cost of developing meaningful uniform motor vehicle emission device inspection and emission testing programs except that (1) no 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; and (2) no such grant shall be made unless the Secretary of Transportation has certified to the Secretary that such program is consistent with any highway safety program 80 Stat. 731. developed pursuant to section 402 of title 23 of the United States Code. “Sec. 210. “registration of fuel additives (a) The Secretary may by regulation designate any fuel or fuels (including fuels used for purposes other than motor vehicles), and after such date or dates as may be prescribed by him, no manufacturer or processor of any such fuel may deliver any such fuel for introduction into interstate commerce or to another person who, it can reasonably be expected, will deliver such fuel for such introduction unless the manufacturer of such fuel has provided the Secretary with the information required under subsection (b)(1) of this section and unless any additive contained in such fuel has been registered with the Secretary in accordance with subsection (b)(2) of this section. “(b) For the purposes of this section the Secretary shall require (1) the manufacturer of such fuel to notify him as to the commercial identifying name and manufacturer of any additive contained in such fuel; the range of concentration of such additive or additives in the fuel; and the purpose in the use of such additive; and (2) the manufacturer of any such additive to notify him as to the chemical composition of such additive or additives as indicated by compliance with clause (1) above, the recommended range of concentration of such additive, if any, the recommended purpose in the use of such additive, and to the extent such information is available or becomes available, the chemical structure of such additive or additives. Upon compliance with clauses (1) and (2), including assurances that any change in the above information will be provided to the Secretary, the Secretary shall register such fuel additive. “(c) All information reported or otherwise obtained by the Secretary or his representative pursuant to subsection (b), which information contains or relates to a trade secret or other matter referred to 62 Stat. 791. in section 1905 of title 18 of the United States Code, shall be considered confidential for the purpose of such section 1905, except that such information may be disclosed to other officers or employees of the United States concerned with carrying out this Act or when relevant in any proceeding under this title. Nothing in this section shall authorize the withholding of information by the Secretary or any officer or employee under his control, from the duly authorized committees of the Congress. “(d) Any person who violates subsection (a) shall forfeit and pay to the United States a civil penalty of $1,000 for each and every day of the continuance of such violation, which shall accrue to the United States and be recovered in a civil suit in the name of the United States, brought in the district where such person has his principal office or in any district in which he does business. The Secretary may, upon application therefor, remit or mitigate any forfeiture provided for in this subsection, and he shall have authority to determine the facts upon all such applications. “(e) It shall be the duty of the various United States attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of such forfeitures. “Sec. 211. “national emissions standards study (a) The Secretary shall submit to the Congress, no later Report to Congress. than two years after the effective date of this section, a comprehensive report on the need for and effect of national emission standards for stationary sources. Such report shall include: (A) information regarding identifiable health and welfare effects from single emission sources; (B) examples of specific plants, their location, and the contaminant or contaminants which, due to the amount or nature of emissions from such facilities, constitute a danger to public health or welfare; (C) an up-to-date list of those industries and the contaminant or contaminants which, in his opinion, should be subject to such national standards; (D) the relationship of such national emission standards to ambient air quality, including a comparison of situations wherein several plants emit the same contaminants in an air region with those in which only one such plant exists; (E) an analysis of the cost of applying such standards; and (F) such other information as may be appropriate. “(b) The Secretary shall conduct a full and complete investigation and study of the feasibility and practicability of controlling emissions from jet and piston aircraft engines and of establishing national emission standards with respect thereto, and report to Congress the results of such study and investigation within one year from the date of enactment of the Air Quality Act of 1967, together with his recommendations. “Sec. 212. “definitions for title ii As used in this title— “(1) The term ‘manufacturer’ as used in sections 203, 206, 207, and 208 means any person engaged in the manufacturing or assembling of new motor vehicles or new motor vehicle engines, or importing such vehicles or engines for resale, or who acts for and is under the control of any such person in connection with the distribution of new motor vehicles or new motor vehicle engines, but shall not include any dealer with respect to new motor vehicles or new motor vehicle engines received by him in commerce. “(2) The term ‘motor vehicle means any self-propelled vehicle designed for transporting persons or property on a street or highway. “(3) The term ‘new motor vehicle’ means a motor vehicle the equitable or legal title to which has never been transferred to an ultimate purchaser; and the term ‘new motor vehicle engine’ means an engine in a new motor vehicle or a motor vehicle engine the equitable or legal title to which has never been transferred to the ultimate purchaser. “(4) The term ‘dealer’ means any person who is engaged in the sale or the distribution of new motor vehicles or new motor vehicle engines to the ultimate purchaser. “(5) The term ‘ultimate purchaser’ means, with respect to any new motor vehicle or new motor vehicle engine, the first person who in good faith purchases such new motor vehicle or new engine for purposes other than resale. “(6) The term ‘commerce’ means (A) commerce between any place in any State and any place outside thereof; and (B) commerce wholly within the District of Columbia. “TITLE III— GENERAL “Sec. 301. “administration (a) The Secretary is authorized to prescribe such regulations as are necessary to carry out his functions under this Act. The Secretary way delegate to any officer or employee of the Department of Health, Education, and Welfare such of his powers and duties under this Act, except the making of regulations, as he may deem necessary or expedient. “(b) Upon the request of an air pollution control agency, personnel of the Public Health Service may be detailed to such agency for the purpose of carrying out the provisions of this Act. The provisions of 58 Stat. 690. 42 USC 215. section 214(d) of the Public Health Service Act shall be applicable with respect to any personnel so detailed to the same extent as if such 60 Stat. 423. personnel had been detailed wider section 214(b) of that Act. “(c) Payments under grants made under this Act may be made in installments, and in advance or by way of reimbursement, as may be determined by the Secretary. “Sec. 302. “definitions When used in this Act— “(a) The term ‘Secretary’ means the Secretary of Health, Education, and Welfare. “(b) The term ‘air pollution control agency’ means any of the following: “(1) A single State agency designated by the Governor of that State as the official State air pollution control agency for purposes of this Act; “(2) An agency established by two or more States and having substantial powers or duties pertaining to the prevention and control of air pollution; “(3) A city, county, or other local government health authority, or, in the case of any city, county, or other local government m which there is an agency other than the health authority charged with responsibility for enforcing ordinances or laws relating to the prevention and control of air pollution, such other agency; or “(4) An agency of two or more municipalities located in the same State or in different States and having substantial powers or duties pertaining to the prevention and control of air pollution. “(c) The term ‘interstate air pollution control agency’ means— “(1) an air pollution control agency established by two or more States, or “(2) an air pollution control agency of two or more municipalities located in different States. “(d) The term ‘State’ means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. “(e) The term ‘person’ includes an individual, corporation, partnership, association, State, municipality, and political subdivision of a State. “(f) The term ‘municipality’ means a city, town, borough, county, parish, district, or other public body created by or pursuant to State law. “(g) All language referring to adverse effects on welfare shall include but not be limited to injury to agricultural crops and livestock, damage to and the deterioration of property, and hazards to transportation. “Sec. 303. “other authority not affected (a) Except as provided in subsection (b) of this section, this Act shall not be construed as superseding or limiting the authorities and responsibilities, under any other provision of law, of the Secretary or any other Federal officer, department, or agency. “(b) No appropriation shall be authorized or made under section 301, 311, or 314 of the Public Health Service Act for any fiscal year 58 Stat. 691; 80 Stat. 1181, 1190. 42 USC 241, 243, 246. after the fiscal year ending June 30, 1964, for any purpose for which appropriations may be made under authority of this Act. “Sec. 304. “records and audit (a) Each recipient of assistance under this Act shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount of that portion of the cost of the. project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. “(b) The Secretary of Health, Education, and Welfare and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examinations to any books, documents, papers, and records of the recipients that are pertinent to the grants received under this Act. “Sec. 305. “comprehensive economic cost studies (a) In order to provide the basis for evaluating programs authorized by this Act and the development of new programs and to furnish the Congress with the information necessary for authorization of appropriations by fiscal years beginning after June 30, 1969, the Secretary, in cooperation with State, interstate, and local air pollution control agencies, shall make a detailed estimate of the cost of carrying out the provisions of this Act; a comprehensive study of the cost of program implementation by affected units of government; and a comprehensive study of the economic impact of air quality standards on the Nation’s industries, communities, and other contributing sources of pollution, including an analysis of the national requirements for and the cost of controlling emissions to attain such standards of air quality as may be established pursuant to this Act or applicable State law. The Secretary shall submit such detailed estimate Report to Congress. and the results of such comprehensive study of cost for the five-year period beginning July 1, 1969, and the results of such other studies, to the Congress not later than January 10, 1969, and shall submit a reevaluation of such estimate and studies annually thereafter. “(b) The Secretary shall also make a complete investigation and Personnel study. study to determine (1) the need for additional trained State and local personnel to carry out programs assisted pursuant to this Act and other programs for the same purpose as this Act; (2) means of using existing Federal training programs to train such personnel; and (3) the need for additional trained personnel to develop, operate and maintain those pollution control facilities designed and installed Report to President and Congress. to implement air quality standards. He shall report the results of such investigation and study to the President and the Congress not later than July 1, 1969. “Sec. 306. “additional reports to congress Not later than six months after the effective date of this section and not later than January 10 of each calendar year beginning after such date, the Secretary shall report to the Congress on measures taken toward implementing the purpose and intent of this Act including, but not limited to, (1) the progress and problems associated with control of automotive exhaust emissions and the research efforts related thereto; (2) the development of air quality criteria and recommended emission control requirements; (3) the status of enforcement actions taken pursuant to this Act; (4) the status of State ambient air standards setting, including such plans for implementation and enforcement as have been developed; (5) the extent of development and expansion of air pollution monitoring systems; (6) progress and problems related to development of new and improved control techniques; (7) the development of quantitative and qualitative instrumentation to monitor emissions and air quality; (8) standards set or under consideration pursuant to title II of this Act; (9) the status of State, interstate, and local pollution control programs established pursuant to and assisted by this Act; and (10) the reports and recommendations made by the President’s Air Quality Advisory Board. “Sec. 307. “labor standards The Secretary shall take such action as may be necessary to insure that all laborers and mechanics employed by contractors or subcontractors on projects assisted under this Act shall be paid wages at rates not less than those prevailing for the same type of work on similar construct ion in the locality as determined by the Secretary of Labor, in accordance with the Act of March 3, 1931, as amended, known as the Davis-Bacon Act (46 Stat. 1494; 40 U.S.C. 276a—276a–5). The Secretary of Labor shall have, with respect to the labor standards specified in this subsection, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of June 13, 1934, as amended (48 Stat. 948; 63 Stat. 108. 40 U.S.C. 276c). “Sec. 308. “separability If any provision of this Act, or the application of any provision of this Act to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this Act, shall not be affected thereby. “Sec. 309. “appropriations There are hereby authorized to be appropriated to carry out this Act, other than sections 103(d) and 104, $74,000,000 for the fiscal year ending June 30, 1968, $95,000,000 for the fiscal year ending June 30, 1969, and $134,300,000 for the fiscal year ending June 30, 1970. “Sec. 310. “short title This Act may he cited as the ‘Clean Air Act’.”

3. 1970

   Clean Air Amendments of 1970

   Pub. L. 91–604 § 7(a)(1) · 84 Stat. 1676

   1. Struck · 42 U.S.C. § 7522(a)(1)

      Pub. L. 91–604, § 7(a)(1), struck out reference to the manufacture of new motor vehicles or new motor vehicle engines for sale

   2. Inserted · 42 U.S.C. § 7522(a)(1)

      Pub. L. 91–604, § 7(a)(1), inserted provision for issuance by the Administrator of regulations regarding exceptions in the case of importation of new motor vehicles or new motor vehicle engines

   3. Substituted · 42 U.S.C. § 7522(a)(1)

      Pub. L. 91–604, § 7(a)(1), substituted “importation” into the United States of such units for “importation for sale or resale” into the United States of such units

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 91–604, § 7(a)(1), struck out reference to the manufacture of new motor vehicles or new motor vehicle engines for sale, inserted provision for issuance by the Administrator of regulations regarding exceptions in the case of importation of new motor vehicles or new motor vehicle engines, and substituted “importation” into the United States of such units for “importation for sale or resale” into the United States of such units.

   Enacted provision · exact public law section
   (1) Section 203(a) (1) of the Clean Air Act is amended Prohibited acts. 81 Stat. 499. 42 USC 1857f–2. to read as follows: “(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 Administrator), 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 (except as provided in subsection (b));” Infra.

4. 1970

   Clean Air Amendments of 1970

   Pub. L. 91–604 § 7(a)(2) · 84 Stat. 1676

   Substituted · 42 U.S.C. § 7522(a)(2)

   Pub. L. 91–604, § 7(a)(2), substituted “section 208” for “section 207”, both of which, for purposes of codification, are translated as “section 7542 of this title”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 91–604, § 7(a)(2), substituted “section 208” for “section 207”, both of which, for purposes of codification, are translated as “section 7542 of this title”.

   Enacted provision · exact public law section
   (2) Section 203(a) (2) of such Act is amended by striking out “section 207” and inserting in lieu thereof “section 208”, and by striking out “or” at the end thereof.

5. 1970

   Clean Air Amendments of 1970

   Pub. L. 91–604 · 84 Stat. 1676

   1. Substituted · 42 U.S.C. § 7522(a)(3)

      Pub. L. 91–604, §§ 7(a)(3), 11(a)(2)(A), substituted “part” for “subchapter”

   2. Inserted · 42 U.S.C. § 7522(a)(3)

      Pub. L. 91–604, §§ 7(a)(3), 11(a)(2)(A), inserted provisions prohibiting the knowing removal or inoperation by manufacturers or dealers of devices or elements of design after sale and delivery to the ultimate purchaser

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 91–604, §§ 7(a)(3), 11(a)(2)(A), substituted “part” for “subchapter” and inserted provisions prohibiting the knowing removal or inoperation by manufacturers or dealers of devices or elements of design after sale and delivery to the ultimate purchaser.

6. 1970

   Clean Air Amendments of 1970

   Pub. L. 91–604 § 7(a)(4) · 84 Stat. 1676

   Added · 42 U.S.C. § 7522(a)(4)

   Pub. L. 91–604, § 7(a)(4), added par. (4)

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 91–604, § 7(a)(4), added par. (4).

   Enacted provision · exact public law section
   (4) Section 203(a) of such Act is amended by inserting at the end thereof the following new paragraph: “(4) for any manufacturer of a new motor vehicle or new motor vehicle engine subject to standards prescribed under section 202— Ante, p. 1690. “(A) to sell or lease any such vehicle or engine unless such manufacturer has complied with the requirements of section 207 (a) and (b) with respect to such vehicle or engine, and Post, p. 1696. unless a label or tag is affixed to such vehicle or engine in accordance with section 207(c) (3), or “(B) to fail or refuse to comply with the requirements of section 207 (c) or (e).”

7. 1970

   Clean Air Amendments of 1970

   Pub. L. 91–604 · 84 Stat. 1676

   1. Struck · 42 U.S.C. § 7522(b)(1)

      Pub. L. 91–604, §§ 7(a)(5), 15(c)(2), struck out reference to the exemption of a class of new motor vehicles or new motor vehicle engines

   2. Struck · 42 U.S.C. § 7522(b)(1)

      Pub. L. 91–604, §§ 7(a)(5), 15(c)(2), struck out the protection of the public health and welfare from the enumeration of purposes for which exemptions may be made

   3. Substituted · 42 U.S.C. § 7522(b)(1)

      Pub. L. 91–604, §§ 7(a)(5), 15(c)(2), substituted “Administrator” for “Secretary”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 91–604, §§ 7(a)(5), 15(c)(2), struck out reference to the exemption of a class of new motor vehicles or new motor vehicle engines, struck out the protection of the public health and welfare from the enumeration of purposes for which exemptions may be made, and substituted “Administrator” for “Secretary”.

8. 1970

   Clean Air Amendments of 1970

   Pub. L. 91–604 · 84 Stat. 1676

   1. Substituted · 42 U.S.C. § 7522(b)(2)

      Pub. L. 91–604, §§ 7(a)(6), 11(a)(2)(A), 15(c)(2), substituted “Administrator” for “Secretary of Health, Education, and Welfare”

   2. Substituted · 42 U.S.C. § 7522(b)(2)

      Pub. L. 91–604, §§ 7(a)(6), 11(a)(2)(A), 15(c)(2), substituted “importation or imported by any person” for “importation by a manufacturer”

   3. Substituted · 42 U.S.C. § 7522(b)(2)

      Pub. L. 91–604, §§ 7(a)(6), 11(a)(2)(A), 15(c)(2), substituted “part” for “subchapter”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 91–604, §§ 7(a)(6), 11(a)(2)(A), 15(c)(2), substituted “Administrator” for “Secretary of Health, Education, and Welfare”, “importation or imported by any person” for “importation by a manufacturer”, and “part” for “subchapter”.

9. 1970

   Clean Air Amendments of 1970

   Pub. L. 91–604 § 7(a)(7)(A) · 84 Stat. 1676

   Inserted · 42 U.S.C. § 7522(b)(3)

   Pub. L. 91–604, § 7(a)(7)(A), inserted provision that, if the country of export has emission standards which differ from the standards prescribed under subsec. (a), such vehicle or engine must comply with the standards of such country of export

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 91–604, § 7(a)(7)(A), inserted provision that, if the country of export has emission standards which differ from the standards prescribed under subsec. (a), such vehicle or engine must comply with the standards of such country of export.

   Enacted provision · exact public law section
   (A) by amending subsection (b)(3) to read as follows: “(3) A new motor vehicle or new motor vehicle engine intended Vehicles, export. 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 of export has emission standards which differ from the standards prescribed under subsection (a), then such vehicle or engine shall comply with the standards of such country of export.”; and

10. 1970

    Clean Air Amendments of 1970

    Pub. L. 91–604 § 7(a)(7)(B) · 84 Stat. 1676

    Added · 42 U.S.C. § 7522(c)

    Pub. L. 91–604, § 7(a)(7)(B), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 91–604, § 7(a)(7)(B), added subsec. (c).

    Enacted provision · exact public law section
    (B) by adding at the end thereof the following new subsection: “(c) Upon application therefor, the Administrator may exempt Exemption. from section 203(a) (3) any vehicles (or class thereof) manufactured before the 1974 model year from section 203(a)(3) for the purpose of permitting modifications to the emission control device or system of such vehicle in order to use fuels other than those specified in certification Infra. testing under section 206(a) (1), if the Administrator, on the basis of information submitted by the applicant, finds that such modification will not result in such vehicle or engine not complying Ante, p. 1690. with standards under section 202 applicable to such vehicle or engine. Any such exemption shall identify (1) the vehicle or vehicles so exempted, (2) the specific nature of the modification, and (3) the person or class of persons to whom the exemption shall apply.”

11. 1977

    Clean Air Act Amendments of 1977

    Pub. L. 95–95 title II · 91 Stat. 685

    1. Inserted · 42 U.S.C. § 7522(a)

       Pub. L. 95–95, §§ 206, 211(a), 218(a), 219(a), (b), inserted “or for any person to fail or refuse to permit entry, testing, or inspection authorized under section 7525(c) of this title” in par. (2)

    2. Amended · 42 U.S.C. § 7522(a)

       Pub. L. 95–95, §§ 206, 211(a), 218(a), 219(a), (b), designated existing provisions of par. (3) as subpar. (A)

    3. Added · 42 U.S.C. § 7522(a)

       Pub. L. 95–95, §§ 206, 211(a), 218(a), 219(a), (b), added subpar. (B)

    4. Added · 42 U.S.C. § 7522(a)

       Pub. L. 95–95, §§ 206, 211(a), 218(a), 219(a), (b), added subpars. (C) and (D) in par. (4), and, following par. (4)

    5. Inserted · 42 U.S.C. § 7522(a)

       Pub. L. 95–95, §§ 206, 211(a), 218(a), 219(a), (b), inserted provisions that no action with respect to any element of design referred to in par. (3) (including adjustment or alteration of such element) be treated as a prohibited act under par. (3) if the action is in accordance with section 7549 of this title and that nothing in par. (3) be construed to require the use of manufacturer parts in maintaining or repairing motor vehicles or motor vehicle engines

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 95–95, §§ 206, 211(a), 218(a), 219(a), (b), inserted “or for any person to fail or refuse to permit entry, testing, or inspection authorized under section 7525(c) of this title” in par. (2), designated existing provisions of par. (3) as subpar. (A) and added subpar. (B), added subpars. (C) and (D) in par. (4), and, following par. (4), inserted provisions that no action with respect to any element of design referred to in par. (3) (including adjustment or alteration of such element) be treated as a prohibited act under par. (3) if the action is in accordance with section 7549 of this title and that nothing in par. (3) be construed to require the use of manufacturer parts in maintaining or repairing motor vehicles or motor vehicle engines.

    Enacted provision · exact public law
    TITLE II— AMENDMENTS RELATING PRIMARILY TO TITLE II OF THE CLEAN AIR ACT Sec. 201. light-duty motor vehicle emissions (a) Subparagraph (A) of section 202(b)(1) of the Clean Standards. 42 USC 7521. Air Act is amended to read as follows: “(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 vehicle mile 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 hydro-carbons 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. Unless 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.”. (b) Subparagraph (B) of section 202(b)(1) of such Act is Standards. amended to read as follows: “(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 model 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 United States manufacturers and purchased from such manufacturers; and “(ii) such manufacturer lacks the financial resources and technological ability to develop such technology.”. (c) Section 202(b) of such Act is amended by striking out paragraph (5) thereof and substituting the following: “(5) (A) At any time after August 31, 1978, any manufacturer may file an application requesting the waiver for model years 1981 and 1982 of the effective date of the emission standard required by paragraph (1)(A) for carbon monoxide applicable to any model (as determined by the Administration) of light-duty motor vehicles and engines manufacturers in such model years. The Administrator shall make his determination with respect to any such application within sixty days Standards, regulations. after such application is filed with respect to such model. If he determines, in accordance with the provisions of this paragraph, that such waiver should be granted, he shall simultaneously with such determination prescribe by regulation emission standards which shall apply (in lieu of the standards required to be prescribed by paragraph (1)(A) of this subsection) to emissions of carbon monoxide from such model of vehicles or engines manufactured during model years 1981 and 1982. “(B) Any standards prescribed under this paragraph shall not permit emissions of carbon monoxide from vehicles and engines to which such waiver applies to exceed 7.0 grams per vehicle per mile. “(C) Within sixty days after receipt of the application for any such waiver and after public hearing, the Administrator shall issue a decision granting or refusing such waiver. The Administrator may grant such waiver if he finds that protection of the public health does not require attainment of such 90 percent reduction for carbon monoxide for the model years to which such waiver applies in the case of such vehicles and engines and if he determines that— “(i) such waiver is essential to the public interest or the public health and welfare of the United States; “(ii) all good faith efforts have been made to meet the standards established by this subsection; “(iii) the applicant has established that effective control technology, processes, operating methods, or other alternatives are not available or have not been available with respect to the model in question for a sufficient period of time to achieve compliance prior to the effective date of such standards, taking into consideration costs, drivability and fuel economy; and “(iv) studies and investigations of the National Academy of Sciences conducted pursuant to sub section (c) and other information available to him has not indicated that technology, processes, or other alternatives are available (within the meaning of clause (iii)) to meet such standards. “(6) (A) 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 demonstrates 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— “(i) that such waiver would not endanger public health, “(ii) that there is a substantial likelihood that the vehicles or engines will be able to comply with the applicable standard under this section at the expiration of the waiver, and “(iii) that the technology or system has a potential for long-term 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. 42 USC 6201 note. Applicability. 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. “(B) Upon the petition of any manufacturer, the Administrator, Waiver, petition. Notice and hearing. after notice and opportunity for public hearing, may waive the standard required under subparagraph (B) of paragraph (1) to not to exceed 1.5 grams of oxides of nitrogen per vehicle mile for any class or category of light-duty vehicles and engines manufactured by such manufacturer during the four model year period beginning with the model year 1981 if the manufacturer can show that such waiver is necessary to permit the use of diesel engine technology in such class or category of vehicles or engines. Such waiver may be granted if the Administrator determines— “(i) that such waiver will not endanger public health, “(ii) that such waiver will result in significant fuel savings at least equal to the fuel economy standard applicable in each year under the Energy Policy and Conservation Act, and “(iii) that the technology has a potential for long-term air quality benefit and has the potential to meet or exceed the average fuel economy standard applicable under the Energy Policy and Conservation Act at the expiration of the waiver.”. Sec. 202. studies and research objective for oxides of nitrogen (a) The Administrator of the Environmental Protection 42 USC 7521 note. Agency shall conduct a study of the public health implications of attaining an emission standard on oxides of nitrogen from light duty vehicles of 0.4 gram per vehicle mile, the cost and technological capability of attaining such standard, and the need for such a standard to protect public health or welfare. The Administrator shall submit a Report to Congress, recommendations. Ante, p. 752. report of such study to the Congress, together with recommendations not later than July 1, 1980. (b) Section 202(b) of the Clean Air Act is amended by adding a new paragraph (7) as follows: “(7) The Congress hereby declares and establishes as a research objective, the development of propulsion systems and emission control technology to achieve standards which represent a reduction of at least 90 per centum from the average emissions of oxides of nitrogen actually measured from light duty motor vehicles manufactured in model year 1971 not subject to any Federal or State emission standard Regulations. Demonstration vehicles. for oxides of nitrogen. The Administrator shall, by regulations promulgated within one hundred and eighty days after enactment of the Clean Air Act Amendments of 1977, require each manufacturer whose sales represent at least 0.5 per centum of light duty motor vehicle sales in the United States, to build and, on a regular basis, demonstrate the operation of light duty motor vehicles that meet this research objective, in addition to any other applicable standards or requirements for other pollutants under this Act. Such demonstration vehicles shall be submitted to the Administrator no later than model year 1979 and in each model year thereafter. Such demonstration shall, in accordance with applicable regulations, to the greatest extent possible, (A) be designed to encourage the development of new powerplant and emission control technologies that are fuel efficient, (B) assure that the demonstration vehicles are or could reasonably be expected to be within the productive capability of the manufacturers, and (C) assure the utilization of optimum engine, fuel, and emission control systems.”. Sec. 203. study and report of fuel consumption (a) Following each motor vehicle model year, the Administrator of the Environmental Protection Agency shall report to the Congress respecting the motor vehicle fuel consumption associated with the standards applicable for the immediately preceding model year. (b) The Secretary of Transportation and the Secretary of Energy shall each submit to Congress, as promptly as practicable following submission by the Administrator of the fuel consumption report referred to in subsection (a), separate reports respecting such fuel consumption. Sec. 204. state grants Section 210 of such Act is amended by adding the following at the end thereof: “Grants may be made under this section by way of reimbursement in any case in which amounts have been expended by the State before the date on which any such grant was made.”. Sec. 205. cost of certain emission control parts Section 207(a) of the Clean Air Act is amended by adding the following at the end thereof: “(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 Post, p. 755. (c)(3) of this section is scheduled for replacement during the useful life of the vehicle in order to maintain compliance with regulations Ante, pp. 702, 751–753; Post, pp. 758–761, 765, 767, 769, 791. 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 “Designed for emission control.” 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).”. Sec. 206. warranties Section 203(a)(4) of the Clean Air Act is amended 42 USC 7522. by striking “or” at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting a comma, and by adding the following new subparagraphs: “(C) except as provided in subsection (c)(3) of section 207, Infra. 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, “(D) to fail or refuse to comply with the terms and conditions of the warranty under section 207(a) or (b) with respect to any Ante, p. 754; Post, p. 756. vehicle.”. Sec. 207. california waiver Section 209(b) of the Clean Air Act is amended to read 42 USC 7543. as follows: (1) The Administrator shall, after notice and opportunity for Notice and hearing. public hearing, waive application of this section to any State which has adopted standards (other than crankcase emission standards) for the control of emissions from new motor vehicles or new motor vehicle engines prior to March 30, 1966, if the State determines that the State standards will be, in the aggregate, at least as protective of public health and welfare as applicable Federal standards. No such waiver shall be granted if the Administrator finds that— “(A) the determination of the State is arbitrary and capricious, “(B) such State does not need such State standards to meet compelling and extraordinary conditions, or “(C) such State standards and accompanying enforcement procedures are not consistent with section 202(a) of this part. Post, pp. 759, 760, 765, 791. “(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.”. Sec. 208. maintenance instructions Paragraph (3) of subsection (c) of section 207 of the Clean Air Act is amended to read as follows: 42 USC 7541. “(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 manufacturer shall provide in bold-face 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). Post, p. 756. “(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 component 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 Ante, pp. 702, 751–753; Post, pp. 758–761, 765, 767, 769, 791. 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.”. Sec. 209. warranties and motor vehicle parts certification (a) Section 207(b)(2) of the Clean Air Act is amended by adding the following at the end thereof: “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).”. (b) Section 207(a) of such Act is amended by striking out “(1)” and “(2)” and inserting in lieu thereof “(A)” and “(B)” respectively, by inserting “(1)” after “(a)” and by adding the following new paragraph at the end thereof: “(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 Regulations. emission standards promulgated under section 202. Such certification shall be made only under 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.”. (c) Section 207(b) of such Act, as amended by subsection (a), is amended by adding the following at the end thereof: “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 term shall not include those vehicle components which were in general use prior to model year 1968.”. Sec. 210. repair at owner’s place of choosing Section 207 of the Clean Air Act is amended by adding the following new subsection: “(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 three sentences of section 207(a)(1)), unless such part, item, or device is covered by any Ante, p. 756. warranty not mandated by this Act.”. Sec. 211. high altitude performance adjustments (a) Section 203(a) of the Clean Air Act is amended by Ante, p. 755; Post, p. 762. adding the following at the end thereof: “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”. Infra. (b) Part A of title II of such Act is amended by inserting the following new section after section 214: “Sec. 215. “high altitude performance adjustments (a) (1) Any action taken with respect to any element of 42 USC 7549. design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this title (including any alteration or adjustment of such element), shall be treated as not in violation of section 203(a) if such action is performed in accordance with high Supra. altitude adjustment instructions provided by the manufacturer under subsection (b) and approved by the Administrator. “(2) If the Administrator finds that adjustments or modifications Finding. made pursuant to instructions of the manufacturer under paragraph (1) will not ensure emission control performance with respect to each standard under section 202 at least equivalent to that which would Ante, pp. 702, 751–753; Post, pp. 758–761, 765, 767, 769, 791. result if no such adjustments or modifications were made, he shall disapprove such instructions. Such finding shall be based upon minimum engineering evaluations consistent with good engineering practice. “(b) (1) Instructions respecting each class or category of vehicles or engines to which this title applies providing for such vehicle and engine adjustments and modifications as may be necessary to ensure emission control performance at different altitudes shall be submitted by the manufacturer to the Administrator pursuant to regulations promulgated by the Administrator. “(2) Any knowing violation by a manufacturer of requirements of Violations. the Administrator under paragraph (1) shall be treated as a violation by such manufacturer of section 203(a)(3) for purposes of the penalties contained in section 205. Post, p. 762. “(3) Such instructions shall provide, in addition to other adjustments, for adjustments for vehicles moving from high altitude areas to low altitude areas after the initial registration of such vehicles. “(c) No instructions under this section respecting adjustments or modifications may require the use of any manufacturer parts (as defined in section 203(a)) unless the manufacturer demonstrates to the satisfaction of the Administrator that the use of such manufacturer parts is necessary to insure emission control performance. “(d) Before January 1, 1981 the authority provided by this section shall be available in any high altitude State (as determined under regulations of the Administrator under regulations promulgated before the date of the enactment of this Act) but after December 31, 1981, such authority shall be available only in any such State in which an inspection and maintenance program for the testing of motor vehicle emissions has been instituted for the portions of the State where any national ambient air quality standard for auto-related pollutants has not been attained.”. Sec. 212. dealer certification Section 207 of the Clean Air Act is amended by adding the following new subsection at the end thereof: “(f) (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 Ante, pp. 702, 751–753; Post, pp. 758–761, 765, 767, 769, 791. 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 and 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).”. Sec. 213. high altitude regulations (a) Section 206 of the Clean Air Act is amended by adding the following new subsection: “(f) (1) All light duty vehicles and engines manufactured during or after model year 1984 shall comply with the requirements of section 202 of this Act regardless of the altitude at which they are sold. “(2) By October 1, 1978, the Administrator shall report to the Congress on the economic impact and technological feasibility of the requirements found in subparagraph (1) of this subsection. The report is also to evaluate the technological feasibility and the health consequences of separate proportional emission standards for light duty vehicles and engines in high altitude areas that would reflect a comparable percentage of reduction in emissions to that achieved by light duty vehicles and engines in low altitude areas.”. (b) Section 202 of such Act is amended by adding the following new subsection at the end thereof: “(f) (1) The high altitude regulation in effect with respect to model year 1977 motor vehicles shall not apply to the manufacture, 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 vehicles 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 standards to high altitude emissions from vehicles manufactured during model year 1970. In no event shall regulations applicable to high altitude vehicles manufactured before the model year 1984 establish a numerical standard which is more stringent than that applicable to vehicles certified under non-high altitude conditions. “(3) Section 307(d) shall apply to any high altitude regulation Applicability. Post, p. 772. 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 experienced 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 altitude regulation will result in any significant improvement in air quality in any area to which it shall apply.”. Sec. 214. assurance of protection of public health and safety (a) Section 202(a) of the Clean Air Act is amended by Post, p. 765. 42 USC 7521. inserting “paragraph (1) of” before “this subsection” in paragraph (2) thereof and by adding a new paragraph at the end thereof: “(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 standards prescribed under this subsection 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. “(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 standards prescribed under this subsection 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.” Post, p. 767. Certificate of conformity. Post, p. 762. (b) Section 206(a) of such Act is amended by adding at the end thereof the following: “(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 incorpo-rated in, such vehicle or engine conforms to applicable requirements Ante, p. 759. Testing and reporting 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.”. (c) (1) Section 206(b)(2)(A)(i) of such Act is amended by inserting “and with the requirements of section 202(a)(4)” after “conformity was issued”. (2) Section 206(b)(2)(A) of such Act is amended by inserting “and requirements” after “such regulations” in each place it appears. Sec. 215. fill pipe standards Section 202(a) of the Clean Air Act is amended by adding the following new paragraph at the end thereof: “(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 lie feasible to implement such standards, talking into consideration the restraints of an adequate lead time for design and production. “(C) Nothing in subparagraph (A) shall (1) prevent the Administrator from specifying different nozzle and fill neck sizes for gasoline with additives and gasoline without additives 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.” Sec. 216. onboard hydrocarbon technology Section 202(a) of the Clean Air Act is amended by adding the following new’ paragraph at the end thereof: “(6) The Administrator shall determine the feasibility and desirability of requiring new motor vehicles to utilize onboard hydrocarbon control technology which would avoid the necessity of gasoline vapor recovery of uncontrolled emissions emanating from the fueling of motor vehicles. The Administrator shall compare the costs and effectiveness of such technology to that of implementing and maintaining vapor recovery systems (taking into consideration such factors as fuel economy, economic costs of such technology, administrative burdens, and equitable distribution of costs). If the Administrator finds that it Regulations. is feasible and desirable to employ such technology, he shall, after consultation with the Secretary of Transportation with respect to motor vehicle safety, prescribe, by regulation, standards requiring the use of onboard hydrocarbon technology which shall not become effective until the introduction to the model year for which it would be feasible to implement such standards, taking into consideration compliance costs and the restraints of an adequate lead time for design and production.”. Sec. 217. test procedures for measuring evaporative emissions Section 202(b)(1) of the Clean Air Act is amended by Model year 1978 engines and vehicles. Ante, p. 751. adding a new subparagraph (C) as follows: “(C) Effective with respect to vehicles and engines manufactured after model year 1978 (or in the case of heavy-duty vehicles or engines, such later model year as the Administrator determines is the earliest feasible model year), the test procedure promulgated under paragraph (2) for measurement of evaporative emissions of hydrocarbons shall require that such emissions be measured from the vehicle or engine as a whole. Regulations to carry out this subparagraph shall be promulgated Regulations. not later than two hundred and seventy days after date of enactment of this subparagraph.”. Sec. 218. certain minor and technical and conforming amendments (a) Section 203(a)(2) of the Clean Air Act is amended 42 USC 7522. by inserting the following before the semicolon: “or for any person to fail or refuse to permit entry, testing, or inspection authorized under section 206(c)”. 42 USC 7525. 42 USC 7523. (b) Section 204(a) of such Act is amended by striking out “paragraph (1), (2), (3), or (4) of”. (c) Section 302(d) of such Act is amended by inserting before the 42 USC 7602. period at the end thereof the following: “and includes the Commonwealth of the Northern Mariana Islands”. (d) Section 203(b)(3) of such Act is amended by striking out “subsection (a)” the second time it appears and inserting in lieu thereof “section 202” and by striking out “country of export” in each place it appears and inserting “country which is to receive such vehicle or engine”. Sec. 219. tampering (a) Section 203(a)(3) of the Clean Air Act is amended Motor vehicle related businesses. by inserting “(A)” after “(3)” and by adding the following new subparagraph (B) at the end thereof: “(B) for any person engaged in the business of repairing, servicing, selling, leasing, or trading motor vehicles or motor vehicle engines, or who operates a fleet of motor vehicles, knowingly 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 regulations under this title following its sale and delivery to the ultimate purchaser, or”. (b) Section 203(a) of such Act, as amended by section 211 of this Act, is amended by adding the following at the end thereof: “Nothing in paragraph (3) shall be construed to require the use of manufacturer parts in maintaining or repairing any motor vehicle or motor “Manufacturer parts.” 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.”. (c) Section 205 of such Act is amended to read as follows: “Sec. 205. “penalties Any person who violates paragraph (1), (2), or (4) of section 203(a) or any manufacturer, dealer, or other person who violates paragraph (3)(A) of section 203(a) shall be subject to a civil penalty of not more than $10,000. Any person who violates paragraph (3)(B) of such section 203(a) shall be subject to a civil penalty of not more than $2,500. Any such violation with respect to paragraph (1), (3), or (4) of section 203(a) shall constitute a separate offense with respect to each motor vehicle or motor vehicle engine.”. Sec. 220. testing by small manufacturers Section 206(a)(1) of the Clean Air Act is amended by adding at the end thereof the following: “In the case of any manufacturer of vehicles or vehicle engines whose projected sales in the United States for any model year (as determined by the Administrator) will not exceed three hundred, the regulations prescribed by the Administrator concerning testing by the manufacturer for purposes of determining Ante, pp. 702, 751–753, 758–761: Post, pp. 765, 767, 769, 791. compliance with regulations under section 202 for the useful life of the vehicle or engine shall not require operation of any vehicle or engine manufactured during such model year for more than five thousand miles or one hundred and sixty hour’s, respectively, but the Administrator shall apply such adjustment factors as he deems appropriate to assure that each such vehicle or engine will comply during its useful life (as determined under section 202(d)) with the regulations prescribed under section 202 of this Act.”. Sec. 221. parts standards; preemption of state law Section 209 of the Clean Air Act (relating to State standards) is amended by redesignating subsection (c) as (d) and by inserting after subsection (b) the following new subsection: “(c) Whenever a regulation with respect to any motor vehicle Ante, p. 756. 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).”. Sec. 222. testing of fuels and fuel additives (a) Section 211 of the Clean Air Act is amended by adding the following new subsections at the end thereof: “(e) (1) Not later than one year after the date of enactment of this subsection and after notice and opportunity for a public hearing, the Administrator shall promulgate regulations which implement the authority under subsection (b)(2)(A) and (B) with respect to each fuel or fuel additive which is registered on the date of promulgation of such regulations and with respect to each fuel or fuel additive for which an application for registration is filed thereafter. “(2) Regulations under subsection (b) to carry out this subsection Manufacturer reporting requirements. shall require that the requisite information be provided to the Administrator by each such manufacturer— “(A) prior to registration, in the case of any fuel or fuel additive which is not registered on the date of promulgation of such regulations; or “(B) not later than three years after the date of promulgation of such regulations, in the case of any fuel or fuel additive which is registered on such date. “(3) In promulgating such regulations, the Administrator may— Exemptions and cost-sharing. “(A) exempt any small business (as defined in such regulations) from or defer or modify the requirements of, such regulations with respect to any such small business; “(B) provide for cost-sharing with respect to the testing of any fuel or fuel additive which is manufactured or processed by two or more persons or otherwise provide for shared responsibility to meet the requirements of this section without duplication; or “(C) exempt any person from such regulations with respect to a particular fuel or fuel additive upon a finding that any additional testing of such fuel or fuel additive would be duplicative of adequate existing testing. “(f) (1) Effective upon March 31, 1977, it shall be unlawful for New fuel and fuel additive content. any manufacturer of any fuel or fuel additive to first introduce into commerce, or to increase the concentration in use of, any fuel or fuel additive for general use in light duty motor vehicles manufactured after model year 1974 which is not substantially similar to any fuel or fuel additive utilized in the certification of any model year 1975, or subsequent model year, vehicle or engine under section 206. Ante, pp. 758–760, 762; Post, p. 768. Gasoline content. “(2) Effective November 30, 1977, it shall be unlawful for any manufacturer of any fuel to first introduce into commerce any gasoline which contains a concentration of manganese in excess of .0625 grams per gallon of fuel. “(3) Any manufacturer of any fuel or fuel additive which prior to Fuel additives, concentration restrictions. March 31, 1977, and after January 1, 1974, first introduced into commerce or increased the concentration in use of a fuel or fuel additive that would otherwise, have been prohibited under paragraph (1) if introduced on or after March 31, 1977 shall, not later than September 15, 1978, cease to distribute such fuel or fuel additive in commerce. During the period beginning 180 days after the date of the enactment of this subsection and before September 15, 1978, the Administrator shall prohibit, or restrict the concentration of any fuel additive which he determines will cause or contribute to the failure of an emission control device or system (over the useful life of any vehicle in which such device or system is used) to achieve compliance by the vehicle with the emission standards with respect to which it has been certified under section 206. “(4) The Administrator, upon application of any manufacturer of Waiver of fuel and fuel additive prohibitions. any fuel or fuel additive, may waive the prohibitions established under paragraph (1) or (3) of this subsection if he determines that the applicant has established that such fuel or fuel additive or a specified concentration thereof, and the emission products of such fuel or additive or specified concentration thereof, will not cause or contribute to a failure of any emission control device or system (over the useful life of any vehicle in which such device or system is used) to achieve compliance by the vehicle with the emission standards with respect Ante, pp. 758–760, 762; Post, p. 768. to which it has been certified pursuant to section 206. If the Administrator has not acted to grant or deny an application under this paragraph within one hundred and eighty days of receipt of such application, the waiver authorized by this paragraph shall be treated as granted. “(5) No action of the Administrator under this section may be stayed by any court pending judicial review of such action.”. (b) Section 211(d) of such Act is amended by inserting “or (f) after “(a)”. Sec. 223. small refineries Section 211 of the Clean Air Act is amended by adding the following new subsection at the end thereof: “(g) (1) For the purposes of this subsection: “(A) The terms ‘gasoline’ and ‘refinery’ have the meaning provided under regulations of the Administrator promulgated under this section. “(B) The term ‘small refinery’ means a refinery or a portion of refinery producing gasoline— “(i) the gasoline producing capacity of which was in operation or under construction at any time during the one-year period immediately preceding October 1, 1976, and “(ii) which has a crude oil or bona fide feed stock capacity (as determined by the Administrator) of 50,000 barrels per day or less, and “(iii) which is owned or controlled by a refiner with a total combined crude oil or bona fide feed stock capacity (as determined by the Administrator) of 137,500 barrels per day or less. “(2) No regulations of the Administrator under this section (or any amendment or revision thereof) respecting the control or prohibition of lead additives in gasoline shall require a small refinery prior to October 1, 1982, to reduce the average lead content per gallon of gasoline refined at such refinery below the applicable amount specified in the table below: “If the average gasoline production of the small refinery for the immediately preceding calendar year (or in the case of refineries under construction, half the designed crude oil capacity) was (In barrels per day): The applicable amount is (in grams per gallon)     5,000 or under 2. 65.     5,001 to 10.000 2. 15.     10,001 to 15,000 1. 65.     15,001 to 20,000 1. 30.     20,001 to 25,000 . 80.     25,001 or over as prescribed by the Administrator, but not greater than 0.80. Regulations. The Administrator may promulgate such regulations as he deems appropriate with respect to the reduction of the average lead content of gasoline refined by small refineries on and after October 1, 1982, taking into account the experience under the preceding provisions of this paragraph. “(3) Effective on the date of the enactment of this subsection, the regulations of the Administrator under this section respecting fuel additives (40 CFR part. 80) shall be deemed amended to comply with the requirement contained in paragraph (2). “(4) Nothing in this section shall be construed to preempt the right of any State to take action as permitted by section 211(c)(4) of this 42 USC 7545. Act.”. Sec. 224. emission standards for heavy duty vehicles or engines and certain other vehicles or engines (a) Section 202(a) of the Clean Air Act is amended by 42 USC 7521. adding the following new paragraph at the end thereof: “(3) (A) (i) The Administrator shall prescribe regulations under Regulations. Emission standards for heavy-duty vehicles or engines. paragraph (1) of this subsection applicable to emissions of carbon monoxide, hydrocarbons, and oxides of nitrogen from classes or categories of heavy-duty vehicles or engines manufactured during and after model year 1979. Such regulations applicable to such pollutants from such classes or categories of vehicles or engines manufactured during model years 1979 through 1982 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 consideration to the cost of applying such technology’ within the period of time available to manufacturers and to noise, energy, and safety factors associated with the application of such technology. “(ii) Unless a different standard is temporarily promulgated as provided in subparagraph (B) or unless the standard is changed as provided in subparagraph (E), regulations under paragraph (1) of this subsection applicable to emissions from vehicles or engines manufactured during and after model year— “(I) 1983, in the case of hydrocarbons and carbon monoxide, 1983 standards for hydrocarbons and carbon monoxide. 1985 standards for oxides of nitrogen. shall contain standards which require a reduction of at least 90 per cent, and “(II) 1985, in the case of oxides of nitrogen, shall contain standards which require a reduction of at least 75 per cent, from the average of the actually measured emissions from heavy-duty gasoline-fueled vehicles or engines, or any class or category thereof, manufactured during the baseline model year. “(iii) The Administrator shall prescribe regulations under paragraph 1981 standards for particulate matter. (1) of this subsection applicable to emissions of particulate matter from classes or categories of vehicles manufactured during and after model year 1981 (or during any earlier model year, if practicable). Such regulations 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 consideration to the cost of applying such technology within the period of time available to manufacturers and to noise, energy, and safety factors associated with the application of such technology. Such standards shall be promulgated and shall take effect as expeditiously as practicable taking into account the period necessary for compliance. “(iv) In establishing classes or categories of vehicles or engines for Vehicle and engine classes or categories, criteria. purposes of regulations under this paragraph, the Administrator may base such classes or categories on gross vehicle weight, horsepower, or such other factors as may be appropriate. “(v) For the purpose of this paragraph, the term ‘baseline model year’ means, with respect to any pollutant emitted from any vehicle or engine, or class or category thereof, the model year immediately preceding the model year in which Federal standards applicable to such vehicle or engine, or class or category thereof, first applied with respect to such pollutant. “(B) During the period of June 1 through December 31, 1979, and during each period of June 1 through December 31 of each third year after 1979, the Administrator may, after notice and opportunity for a public hearing promulgate regulations revising any standard prescribed as provided in subparagraph (A)(ii) for any class or category of heavy-duty vehicles or engines. Such standard shall apply only for the period of three model years beginning four model years after the model year in which such revised standard is promulgated. In revising any standard under this subparagraph for any such three model year period, the Administrator shall determine the maximum degree of emission reduction which can be achieved by means reasonably expected to be available for production of such period and shall prescribe a revised emission standard in accordance with such determination. Such revised standard shall require a reduction of emissions of from any standard which applies in the previous model year. “(C) Action revising any standard for any period may be taken by the Administrator under subparagraph (B) only if he finds— “(i) that compliance with the emission standards otherwise applicable for such model year cannot be achieved by technology, processes, operating methods, or other alternatives reasonably expected to be available for production for such model year without increasing cost or decreasing fuel economy to an excessive and unreasonable degree; and “(ii) the National Academy of Sciences has not, pursuant to its study and investigation under subsection (c), issued a report substantially contrary to the findings of the Administrator under clause (i). “(D) A report shall be made to the Congress with respect to any standard revised under subparagraph (B) which shall contain— “(i) a summary of the health effects found, or believed to be associated with, the pollutant covered by such standard, “(ii) an analysis of the cost-effectiveness of other strategies for attaining and maintaining national ambient air quality standards Ante, p. 731. and carrying out regulations under part C of title I (relating to significant deterioration) in relation to the cost-effectiveness for such purposes of standards which, but for such revision, would apply. “(iii) a summary of the research and development efforts and progress being made by each manufacturer for purposes of meeting the standards promulgated as provided in subparagraph (A)(ii) or, if applicable, subparagraph (E), and “(iv) specific findings as to the relative costs of compliance, and relative fuel economy, which may be expected to result from the application for any model year of such revised standard and the application for such model year of the standard, which, but for such revision, would apply. “(E) (i) The Administrator shall conduct a continuing pollutant-specific study concerning the effects of each air pollutant emitted from heavy-duty vehicles or engines and from other sources of mobile source Publication in Federal Register and report to Congress. related pollutants on the public health and welfare. The results of such study shall be published in the Federal Register and reported to the Congress not later than June 1, 1979, and before June 1 of each third year thereafter. “(ii) On the basis of such study and such other information as is available to him (including the studies under section 214), the Administrator Infra. may, after notice and opportunity for a public hearing, promulgate regulations under paragraph (1) of this subsection changing any standard prescribed in subparagraph (A)(ii)(or revised under subparagraph (B) or previously changed under this subparagraph). No such changed standard shall apply for any model year before the model year four years after the model year during which regulations containing such changed standard are promulgated. “(F) For purposes of this paragraph, motorcycles and motorcycle Motorcycle classification. Ante, p. 758. 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 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 standards 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.”. (b) Section 202(b)(3) of such Act is amended by adding the following “Heavy duty vehicle.” 42 USC 7521. new subparagraph at the end thereof: “(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.”. (c) Section 312 of such Act is amended by inserting “and studies Use of cost effectiveness, study. 42 USC 7612. of cost-effectiveness analyses” at the end of the heading thereof and by adding the following new subsection at the end thereof: “(c) Not later than January 1, 1979, the Administrator shall study the possibility of increased use of cost-effectiveness analyses in devising strategies for the control of air pollution and shall report its recommendations to the Congress, including any recommendations Report to Congress. Contents. for revisions in any provision of this Act. Such study shall also include an analysis and report to Congress concerning whether or not existing air pollution control strategies are adequate to achieve the purposes of this Act.” (d) Part A of title II of such Act is amended by redesignating section 214 as section 216 and by inserting after section 213 the following 42 USC 7550. new section: “Sec. 214. “study of particulate emissions from motor vehicles (a) (1) The Administrator shall conduct a study concerning 42 USC 7548. the effects on health and welfare of particulate emissions from motor vehicles or motor vehicle engines to which section 202 applies. Ante, pp. 702, 751–753, 758–761, 765; Supra; Post, pp. 769, 791. Such study shall characterize and quantify such emissions and analyze the relationship of such emissions to various fuels and fuel additives. “(2) The study shall also include an analysis of particulate emissions from mobile sources which are not related to engine emissions (including, but not limited to tire debris, and asbestos from brake lining). “(b) The Administrator shall report to the Congress the findings and results of the study conducted under subsection (a) not later than two years after the date of the enactment of the Clean Air Act Amendments of 1977. Such report shall also include recommendations for standards or methods to regulate particulate emissions described in paragraph (2) of subsection (a).”. (e) Section 206 of such Act (relating to compliance testing and certification) is amended by adding the following new subsection at the end thereof: “(g) (1) In the case class or category of heavy-duty vehicles or engines to which a standard promulgated under section 202(a) of Ante, pp. 759, 760, 765; Post, p. 791. 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 such vehicles or engines manufactured by a manufacturer notwithstanding 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. Motorcycles. 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 Vehicles or engines, testing. the Administrator to be practicable. Such regulations shall require such testing of vehicles 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 certificate 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 Administrator. Penalties. 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 Ante, pp. 702. 751–753, 758–761, 765, 767; Post, pp. 769, 791. standards promulgated under section 202; “(D) be increased periodically in order to create incentives for the development of production vehicles or engines which achieve the required degree of emission reduction; and “(E) shall remove any competitive disadvantage to manufacturers 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 Ante, p. 756. under this subsection, any warranty required under section 207(b)(2) and any action under section 207(c) shall be required to be effective Ante, p. 755. 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 42 USC 7542. the conditions of section 208(b), for purposes of this subsection.”. (g) Section 202(d) of such Act is amended by striking out “and” 42 USC 7521. at the end of paragraph (1) thereof; by inserting “(other than motorcycles or motorcycle engines)” after “engines” in paragraph (2) thereof; by striking out the period at the end of paragraph (2) and inserting in lieu thereof “; and”; and by adding a new paragraph (3) to read as follows: “(3) in the case of any motorcycle or motorcycle engine, be a period of use the Administrator shall determine.”. Sec. 225. aircraft emissions standards Section 231(c) of the Clean Air Act is amended to read 42 USC 7571. as follows: “(c) Any regulations in effect under this section on date of enactment Notice and hearing. of the Clean Air Act Amendments of 1977 or proposed or promulgated thereafter, or amendments thereto, with respect to aircraft shall not apply if disapproved by the President, after notice and opportunity for public hearing, on the basis of a finding by the Secretary of Transportation that any such regulation would create a hazard to aircraft safety. Any such finding shall include a reasonably specific statement of the basis upon which the finding was made.”. Sec. 226. carbon monoxide intrusion into sustained use vehicles (a) The Administrator, in conjunction with the Secretary Study. 42 USC 7521 note. of Transportation, shall study the problem of carbon monoxide intrusion into the passenger area of sustained-use motor vehicles. Such study shall include an analysis of the sources and levels of carbon monoxide in the passenger area of such vehicles and a determination of the effects of carbon monoxide upon the passengers. The study shall also review available methods of monitoring and testing for the presence of carbon monoxide and shall analyze the cost and effectiveness of alternative methods of monitoring and testing. The study shall analyze the cost and effectiveness of alternative strategies for attaining and maintaining acceptable levels of carbon monoxide in the passenger area of such vehicles. Within one year the Administrator Report to Congress. “Sustained-use motor vehicle.” shall report to the Congress respecting the results of such study. (b) For the purpose of this section, the term “sustained-use motor vehicle” means any diesel or gasoline fueled motor vehicle (whether light or heavy duty) which, as determined by the Administrator (in conjunction with the Secretary), is normally used and occupied for a sustained, continuous, or extensive period of time, including buses, taxicabs, and police vehicles.

    Effective date note
    Amendment by Pub. L. 95–95 effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as a note under section 7401 of this title.

12. 1977

    Clean Air Act Amendments of 1977

    Pub. L. 95–95 § 218(d) · 91 Stat. 685

    1. Substituted · 42 U.S.C. § 7522(b)(3)

       Pub. L. 95–95, § 218(d), substituted “section 7521 of this title” for “subsection (a)”

    2. Substituted · 42 U.S.C. § 7522(b)(3)

       Pub. L. 95–95, § 218(d), substituted “country which is to receive such vehicle or engine” for “country of export”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 95–95, § 218(d), substituted “section 7521 of this title” for “subsection (a)” and “country which is to receive such vehicle or engine” for “country of export”.

    Enacted provision · exact public law section
    (d) Section 203(b)(3) of such Act is amended by striking out “subsection (a)” the second time it appears and inserting in lieu thereof “section 202” and by striking out “country of export” in each place it appears and inserting “country which is to receive such vehicle or engine”.

    Effective date note
    Amendment by Pub. L. 95–95 effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as a note under section 7401 of this title.

13. 1977

    Safe Drinking Water Amendments of 1977

    Pub. L. 95–190 § 14(a)(68) · 91 Stat. 1393

    Inserted · 42 U.S.C. § 7522(a)

    Pub. L. 95–190, § 14(a)(68), in closing text inserted a period after “section 7549 of this title”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 95–190, § 14(a)(68), in closing text inserted a period after “section 7549 of this title”.

    Enacted provision · exact public law section
    (68) in the last sentence of section 203(a) insert a period after “215”;

14. 1977

    Safe Drinking Water Amendments of 1977

    Pub. L. 95–190 § 14(a)(66) · 91 Stat. 1393

    Substituted · 42 U.S.C. § 7522(a)(3)(B)

    Pub. L. 95–190, § 14(a)(66), substituted “purchaser;” for “purchaser,”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B). Pub. L. 95–190, § 14(a)(66), substituted “purchaser;” for “purchaser,”.

    Enacted provision · exact public law section
    (66) in section 203(a) (3) (B), strike out the comma after “purchaser” Ante, p. 761. and substitute a semicolon;

15. 1977

    Safe Drinking Water Amendments of 1977

    Pub. L. 95–190 § 14(a)(67) · 91 Stat. 1393

    Inserted · 42 U.S.C. § 7522(a)(4)(C)

    Pub. L. 95–190, § 14(a)(67), inserted “or” after “such person,”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(C). Pub. L. 95–190, § 14(a)(67), inserted “or” after “such person,”.

    Enacted provision · exact public law section
    (67) in section 203(a) (4) (C), insert “or” after “person,”;

16. 1990

    Pub. L. 101–549 § 228(b)(2) · 104 Stat. 2399

    Inserted · 42 U.S.C. § 7522(a)

    Pub. L. 101–549, § 228(b)(2), inserted two sentences at end which set forth conditions under which actions with respect to devices or elements of design, referred to in par. (3), would not be deemed prohibited acts

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–549, § 228(b)(2), inserted two sentences at end which set forth conditions under which actions with respect to devices or elements of design, referred to in par. (3), would not be deemed prohibited acts.

    Enacted provision · exact public law section
    (2) At the end of section 203(a) (42 U.S.C. 7522(a)) insert the following: “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 (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.”.

17. 1990

    Pub. L. 101–549 § 228(e)(1) · 104 Stat. 2399

    Inserted · 42 U.S.C. § 7522(a)(1)

    Pub. L. 101–549, § 228(e)(1), inserted “or part C in the case of clean-fuel vehicles” before “(except”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 101–549, § 228(e)(1), inserted “or part C in the case of clean-fuel vehicles” before “(except”.

    Enacted provision · exact public law section
    (1) Insert “or part C in the case of clean-fuel vehicles” before “(except” in paragraph (1).

18. 1990

    Pub. L. 101–549 § 228(a) · 104 Stat. 2399

    Amended · 42 U.S.C. § 7522(a)(2)

    Pub. L. 101–549, § 228(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “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 7542 of this title or for any person to fail or refuse to permit entry, testing, or inspection authorized under section 7525(c) of this title;”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 101–549, § 228(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “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 7542 of this title or for any person to fail or refuse to permit entry, testing, or inspection authorized under section 7525(c) of this title;”.

    Enacted provision · exact public law section
    (a) Inspections and Testing.— Section 203(a)(2) of the Clean Air Act (42 U.S.C. 7522(a)(2)) is amended to read as follows: “(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);”.

19. 1990

    Pub. L. 101–549 § 228(b)(1) · 104 Stat. 2399

    Amended · 42 U.S.C. § 7522(a)(3)

    Pub. L. 101–549, § 228(b)(1), amended par. (3) generally. Prior to amendment, par. (3) read as follows:

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 101–549, § 228(b)(1), amended par. (3) generally. Prior to amendment, par. (3) read as follows:

    “(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 regulations under this subchapter prior to its sale and delivery to the ultimate purchaser, or for any manufacturer or dealer knowingly to remove or render inoperative any such device or element of design after such sale and delivery to the ultimate purchaser; or “(B) for any person engaged in the business of repairing, servicing, selling, leasing, or trading motor vehicles or motor vehicle engines, or who operates a fleet of motor vehicles, knowingly 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 regulations under this subchapter following its sale and delivery to the ultimate purchaser; or”.

    Enacted provision · exact public law section
    (1) Section 203(a)(3) (42 U.S.C. 7522(a)(3)) is amended to read as follows: “(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 regulations under this title prior to its sale and delivery to the ultimate purchaser, or for any person knowingly to remove or 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”.

20. 1990

    Pub. L. 101–549 § 228(e)(2) · 104 Stat. 2399

    Inserted · 42 U.S.C. § 7522(a)(4)

    Pub. L. 101–549, § 228(e)(2), inserted “or part C” after “section 7521 of this title”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 101–549, § 228(e)(2), inserted “or part C” after “section 7521 of this title”.

    Enacted provision · exact public law section
    (2) In paragraph (4) insert “or part C” after “202”.

21. 1990

    Pub. L. 101–549 § 228(e)(3) · 104 Stat. 2399

    1. Inserted · 42 U.S.C. § 7522(a)(4)(A)

       Pub. L. 101–549, § 228(e)(3), inserted cl. (i) designation

    2. Added · 42 U.S.C. § 7522(a)(4)(A)

       Pub. L. 101–549, § 228(e)(3), added cl. (ii)

    Source evidence

    Code amendment note
    Subsec. (a)(4)(A). Pub. L. 101–549, § 228(e)(3), inserted cl. (i) designation and added cl. (ii).

    Enacted provision · exact public law section
    (3) At the end of paragraph (4)(A) insert “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” and in paragraph (4)(A) after “complied with” insert “(i)”.

22. 1990

    Pub. L. 101–549 § 228(e)(4) · 104 Stat. 2399

    Inserted · 42 U.S.C. § 7522(a)(4)(B)

    Pub. L. 101–549, § 228(e)(4), inserted at end “or the corresponding requirements of part C in the case of clean fuel vehicles”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(B). Pub. L. 101–549, § 228(e)(4), inserted at end “or the corresponding requirements of part C in the case of clean fuel vehicles”.

    Enacted provision · exact public law section
    (4) At the end of paragraph (4)(B) insert “or the corresponding requirements of part C in the case of clean fuel vehicles”.

23. 1990

    Pub. L. 101–549 § 228(e)(5) · 104 Stat. 2399

    Inserted · 42 U.S.C. § 7522(a)(4)(C)

    Pub. L. 101–549, § 228(e)(5), inserted “and the corresponding requirements of part C in the case of clean fuel vehicles” after “section 7541 of this title”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(C). Pub. L. 101–549, § 228(e)(5), inserted “and the corresponding requirements of part C in the case of clean fuel vehicles” after “section 7541 of this title”.

    Enacted provision · exact public law section
    (5) In paragraph (4)(C) insert after “207” the following: “and the corresponding requirements of part C in the case of clean fuel vehicles”.

24. 1990

    Pub. L. 101–549 § 228(e)(6) · 104 Stat. 2399

    Inserted · 42 U.S.C. § 7522(a)(4)(D)

    Pub. L. 101–549, § 228(e)(6), inserted “or the corresponding requirements of part C in the case of clean fuel vehicles” before “with respect to any vehicle”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(D). Pub. L. 101–549, § 228(e)(6), inserted “or the corresponding requirements of part C in the case of clean fuel vehicles” before “with respect to any vehicle”.

    Enacted provision · exact public law section
    (6) In paragraph (4)(D) insert “or the corresponding requirements of part C in the case of clean fuel vehicles” before “with respect to any vehicle”.

25. 1990

    Pub. L. 101–549 § 228(e)(7) · 104 Stat. 2399

    Added · 42 U.S.C. § 7522(a)(5)

    Pub. L. 101–549, § 228(e)(7), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 101–549, § 228(e)(7), added par. (5).

    Enacted provision · exact public law section
    (7) Strike the period at the end of paragraph (4) and insert or” and add the following new paragraph after paragraph (4): “(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.”.

26. 1990

    Pub. L. 101–549 § 230(6) · 104 Stat. 2399

    Struck · 42 U.S.C. § 7522(c)

    Pub. L. 101–549, § 230(6), struck out subsec. (c) which related to exemptions to permit modifications of emission control devices or systems

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 101–549, § 230(6), struck out subsec. (c) which related to exemptions to permit modifications of emission control devices or systems.

    Enacted provision · exact public law section
    (6) Strike out section 203(c) (42 U.S.C. 7522(c)).

26 of 39 references resolved to an enrolled provision · 13 partial