§ 7549. High altitude performance adjustments

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

   Clean Air Act Amendments of 1977

   Pub. L. 95–95 title II § 211(b) · 91 Stat. 685

   Enacted · 42 U.S.C. § 7549

   July 14, 1955, ch. 360, title II, § 215, as added Pub. L. 95–95, title II, § 211(b), Aug. 7, 1977, 91 Stat. 757

   Source evidence

   Code source credit
   July 14, 1955, ch. 360, title II, § 215, as added Pub. L. 95–95, title II, § 211(b), Aug. 7, 1977, 91 Stat. 757

   Enacted provision · exact public law section
   (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.”.

2. 1977

   Safe Drinking Water Amendments of 1977

   Pub. L. 95–190 § 14(a)(75) · 91 Stat. 1393

   Substituted · 42 U.S.C. § 7549(d)

   Pub. L. 95–190 substituted “December 31, 1980” for “December 31, 1981”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 95–190 substituted “December 31, 1980” for “December 31, 1981”.

   Enacted provision · exact public law section
   (75) in section 215(d) strike out “December 31, 1981,” and insert in lieu thereof “December 31, 1980,”;

3. 1990

   Pub. L. 101–549 title II § 224 · 104 Stat. 2399

   Added · 42 U.S.C. § 7549(e)

   Pub. L. 101–549 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 101–549 added subsec. (e).

   Enacted provision · exact public law section
   SEC. 224. HIGH ALTITUDE TESTING. Section 215 of the Clean Air Act (42 U.S.C. 7549) is amended by adding the following at the end thereof: “(e) High Altitude Testing.— (1) The Administrator shall Motor vehicles. Establishment. promptly establish at least one testing center (in addition to the testing centers existing on the date of the enactment of the Clean Air Act Amendments of 1990) located at a site that represents high altitude conditions, to ascertain in a reasonable manner whether, when in actual use throughout their useful life (as determined under section 202(d)), each class or category of vehicle and engines to which regulations under section 202 apply conforms to the emissions standards established by such regulations. For purposes of this subsection, the term ‘high altitude conditions’ refers to high altitude as defined in regulations of the Administrator in effect as of the date of the enactment of the Clean Air Act Amendments of 1990. “(2) The Administrator, in cooperation with the Secretary of Establishment. Energy and the Administrator of the Urban Mass Transportation Administration, and such other agencies as the Administrator deems appropriate, shall establish a research and technology assessment center to provide for the development and evaluation of less-polluting heavy-duty engines and fuels for use in buses, heavy-duty trucks, and non-road engines and vehicles, which shall be located at a high-altitude site that represents high-altitude conditions. In establishing and funding such a center, the Administrator shall give preference to proposals which provide for local cost-sharing of facilities and recovery of costs of operation through utilization of such facility for the purposes of this section. “(3) The Administrator shall designate at least one center at high- altitude conditions to provide research on after-market emission components, dual-fueled vehicles and conversion kits, the effects of tampering on emissions equipment, testing of alternate fuels and conversion kits, and the development of curricula, training courses, and materials to maximize the effectiveness of inspection and maintenance programs as they relate to promoting effective control of vehicle emissions at high-altitude elevations. Preference shall be given to existing vehicle emissions testing and research centers that have established reputations for vehicle emissions research and development and training, and that possess in-house Federal Test Procedure capacity.”.

3 of 3 references resolved to an enrolled provision