
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7525]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
          SUBCHAPTER II--EMISSION STANDARDS FOR MOVING SOURCES
 
            Part A--Motor Vehicle Emission and Fuel Standards
 
Sec. 7525. Motor vehicle and motor vehicle engine compliance 
        testing and certification
        

(a) Testing and issuance of certificate of conformity

    (1) The Administrator 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 a manufacturer to determine whether such 
vehicle or engine conforms with the regulations prescribed under section 
7521 of this title. If such vehicle or engine conforms to such 
regulations, the Administrator shall issue a certificate of conformity 
upon such terms, and for such period (not in excess of one year), as he 
may prescribe. In the case of any original equipment manufacturer (as 
defined by the Administrator in regulations promulgated before November 
15, 1990) of vehicles or vehicle engines whose projected sales in the 
United States for any model year (as determined by the Administrator) 
will not exceed 300, the Administrator shall not require, for purposes 
of determining compliance with regulations under section 7521 of this 
title for the useful life of the vehicle or engine, operation of any 
vehicle or engine manufactured during such model year for more than 
5,000 miles or 160 hours, respectively, unless the Administrator, by 
regulation, prescribes otherwise. The Administrator shall apply any 
adjustment factors that the Administrator deems appropriate to assure 
that each vehicle or engine will comply during its useful life (as 
determined under section 7521(d) of this title) with the regulations 
prescribed under section 7521 of this title.
    (2) The Administrator shall test any emission control system 
incorporated in a motor vehicle or motor vehicle engine submitted to him 
by any person, in order to determine whether such system enables such 
vehicle or engine to conform to the standards required to be prescribed 
under section 7521(b) of this title. If the Administrator finds on the 
basis of such tests that such vehicle or engine conforms to such 
standards, the Administrator shall issue a verification of compliance 
with emission standards for such system when incorporated in vehicles of 
a class of which the tested vehicle is representative. He shall inform 
manufacturers and the National Academy of Sciences, and make available 
to the public, the results of such tests. Tests under this paragraph 
shall be conducted under such terms and conditions (including 
requirements for preliminary testing by qualified independent 
laboratories) as the Administrator may prescribe by regulations.
    (3)(A) A certificate of conformity may be issued under this section 
only if the Administrator determines that the manufacturer (or in the 
case of a vehicle or engine for import, any person) has established to 
the satisfaction of the Administrator that any emission control device, 
system, or element of design installed on, or incorporated in, such 
vehicle or engine conforms to applicable requirements of section 
7521(a)(4) of this title.
    (B) The Administrator may conduct such tests and may require the 
manufacturer (or any such person) to conduct such tests and provide such 
information as is necessary to carry out subparagraph (A) of this 
paragraph. Such requirements shall include a requirement for prompt 
reporting of the emission of any unregulated pollutant from a system, 
device, or element of design if such pollutant was not emitted, or was 
emitted in significantly lesser amounts, from the vehicle or engine 
without use of the system, device, or element of design.
    (4)(A) Not later than 12 months after November 15, 1990, the 
Administrator shall revise the regulations promulgated under this 
subsection to add test procedures capable of determining whether model 
year 1994 and later model year light-duty vehicles and light-duty 
trucks, when properly maintained and used, will pass the inspection 
methods and procedures established under section 7541(b) of this title 
for that model year, under conditions reasonably likely to be 
encountered in the conduct of inspection and maintenance programs, but 
which those programs cannot reasonably influence or control. The 
conditions shall include fuel characteristics, ambient temperature, and 
short (30 minutes or less) waiting periods before tests are conducted. 
The Administrator shall not grant a certificate of conformity under this 
subsection for any 1994 or later model year vehicle or engine that the 
Administrator concludes cannot pass the test procedures established 
under this paragraph.
    (B) From time to time, the Administrator may revise the regulations 
promulgated under subparagraph (A), as the Administrator deems 
appropriate.

(b) Testing procedures; hearing; judicial review; additional evidence

    (1) In order to determine whether new motor vehicles or new motor 
vehicle engines being manufactured by a manufacturer do in fact conform 
with the regulations with respect to which the certificate of conformity 
was issued, the Administrator is authorized to test such vehicles or 
engines. Such tests may be conducted by the Administrator directly or, 
in accordance with conditions specified by the Administrator, by the 
manufacturer.
    (2)(A)(i) If, based on tests conducted under paragraph (1) on a 
sample of new vehicles or engines covered by a certificate of 
conformity, the Administrator determines that all or part of the 
vehicles or engines so covered do not conform with the regulations with 
respect to which the certificate of conformity was issued and with the 
requirements of section 7521(a)(4) of this title, he may suspend or 
revoke such certificate in whole or in part, and shall so notify the 
manufacturer. Such suspension or revocation shall apply in the case of 
any new motor vehicles or new motor vehicle engines manufactured after 
the date of such notification (or manufactured before such date if still 
in the hands of the manufacturer), and shall apply until such time as 
the Administrator finds that vehicles and engines manufactured by the 
manufacturer do conform to such regulations and requirements. If, during 
any period of suspension or revocation, the Administrator finds that a 
vehicle or engine actually conforms to such regulations and 
requirements, he shall issue a certificate of conformity applicable to 
such vehicle or engine.
    (ii) If, based on tests conducted under paragraph (1) on any new 
vehicle or engine, the Administrator determines that such vehicle or 
engine does not conform with such regulations and requirements, he may 
suspend or revoke such certificate insofar as it applies to such vehicle 
or engine until such time as he finds such vehicle or engine actually so 
conforms with such regulations and requirements, and he shall so notify 
the manufacturer.
    (B)(i) At the request of any manufacturer the Administrator shall 
grant such manufacturer a hearing as to whether the tests have been 
properly conducted or any sampling methods have been properly applied, 
and make a determination on the record with respect to any suspension or 
revocation under subparagraph (A); but suspension or revocation under 
subparagraph (A) shall not be stayed by reason of such hearing.
    (ii) In any case of actual controversy as to the validity of any 
determination under clause (i), the manufacturer may at any time prior 
to the 60th day after such determination is made file a petition with 
the United States court of appeals for the circuit wherein such 
manufacturer resides or has his principal place of business for a 
judicial review of such determination. A copy of the petition shall be 
forthwith transmitted by the clerk of the court to the Administrator or 
other officer designated by him for that purpose. The Administrator 
thereupon shall file in the court the record of the proceedings on which 
the Administrator based his determination, as provided in section 2112 
of title 28.
    (iii) If the petitioner applies to the court for leave to adduce 
additional evidence, and shows to the satisfaction of the court that 
such additional evidence is material and that there were reasonable 
grounds for the failure to adduce such evidence in the proceeding before 
the Administrator, the court may order such additional evidence (and 
evidence in rebuttal thereof) to be taken before the Administrator, in 
such manner and upon such terms and conditions as the court may deem 
proper. The Administrator may modify his findings as to the facts, or 
make new findings, by reason of the additional evidence so taken and he 
shall file such modified or new findings, and his recommendation, if 
any, for the modification or setting aside of his original 
determination, with the return of such additional evidence.
    (iv) Upon the filing of the petition referred to in clause (ii), the 
court shall have jurisdiction to review the order in accordance with 
chapter 7 of title 5 and to grant appropriate relief as provided in such 
chapter.

(c) Inspection

    For purposes of enforcement of this section, officers or employees 
duly designated by the Administrator, upon presenting appropriate 
credentials to the manufacturer or person in charge, are authorized (1) 
to enter, at reasonable times, any plant or other establishment of such 
manufacturer, for the purpose of conducting tests of vehicles or engines 
in the hands of the manufacturer, or (2) to inspect, at reasonable 
times, records, files, papers, processes, controls, and facilities used 
by such manufacturer in conducting tests under regulations of the 
Administrator. Each such inspection shall be commenced and completed 
with reasonable promptness.

(d) Rules and regulations

    The Administrator shall by regulation establish methods and 
procedures for making tests under this section.

(e) Publication of test results

    The Administrator shall make available to the public the results of 
his tests of any motor vehicle or motor vehicle engine submitted by a 
manufacturer under subsection (a) of this section as promptly as 
possible after December 31, 1970, and at the beginning of each model 
year which begins thereafter. Such results shall be described in such 
nontechnical manner as will reasonably disclose to prospective ultimate 
purchasers of new motor vehicles and new motor vehicle engines the 
comparative performance of the vehicles and engines tested in meeting 
the standards prescribed under section 7521 of this title.

(f) High altitude regulations

    All light duty \1\ vehicles and engines manufactured during or after 
model year 1984 and all light-duty trucks manufactured during or after 
model year 1995 shall comply with the requirements of section 7521 of 
this title regardless of the altitude at which they are sold.
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    \1\ So in original. Probably should be ``light-duty''.
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(g) Nonconformance penalty

    (1) In the case of any class or category of heavy-duty vehicles or 
engines to which a standard promulgated under section 7521(a) of this 
title applies, except as provided in paragraph (2), a certificate of 
conformity shall be issued under subsection (a) of this section and 
shall not be suspended or revoked under subsection (b) of this section 
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. 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 7521(a) of this title with respect to such class or category 
exceeds the percentage determined under regulations promulgated by 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 August 7, 1977.
    (3) The regulations promulgated under paragraph (1) shall, not later 
than one year after August 7, 1977, provide for nonconformance penalties 
in amounts determined under a formula established by the Administrator. 
Such penalties under such formula--
        (A) may vary from pollutant-to-pollutant;
        (B) may vary by class or category or vehicle or engine;
        (C) shall take into account the extent to which actual emissions 
    of any air pollutant exceed allowable emissions under the standards 
    promulgated under section 7521 of this title;
        (D) shall be increased periodically in order to create 
    incentives for the development of production vehicles or engines 
    which achieve the required degree of emission 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 
under this subsection, any warranty required under section 7541(b)(2) of 
this title and any action under section 7541(c) of this title shall be 
required to be effective only for the emission levels which the 
Administrator determines that such certificate was issued and not for 
the emission levels required under the applicable standard.
    (5) The authorities of section 7542(a) of this title shall apply, 
subject to the conditions of section 7542(b) \2\ of this title, for 
purposes of this subsection.
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    \2\ See References in Text note below.
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(h) Review and revision of regulations

    Within 18 months after November 15, 1990, the Administrator shall 
review and revise as necessary the regulations under subsection \3\ (a) 
and (b) of this section regarding the testing of motor vehicles and 
motor vehicle engines to insure that vehicles are tested under 
circumstances which reflect the actual current driving conditions under 
which motor vehicles are used, including conditions relating to fuel, 
temperature, acceleration, and altitude.
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    \3\ So in original. Probably should be ``subsections''.
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(July 14, 1955, ch. 360, title II, Sec. 206, as added Pub. L. 91-604, 
Sec. 8(a), Dec. 31, 1970, 84 Stat. 1694; amended Pub. L. 95-95, title 
II, Secs. 213(a), 214(b), (c), 220, 224(e), Aug. 7, 1977, 91 Stat. 758-
760, 762, 768; Pub. L. 95-190, Sec. 14(a)(69), Nov. 16, 1977, 91 Stat. 
1403; Pub. L. 101-549, title II, Secs. 208, 230(7), (8), Nov. 15, 1990, 
104 Stat. 2483, 2529.)

                       References in Text

    Section 7542 of this title, referred to in subsec. (g)(5), was 
amended generally by Pub. L. 101-549, title II, Sec. 211, Nov. 15, 1990, 
104 Stat. 2487, and provisions formerly contained in section 7542(b) of 
this title are contained in section 7542(c).

                          Codification

    Section was formerly classified to section 1857f-5 of this title.


                            Prior Provisions

    A prior section 206 of act July 14, 1955, related to testing of 
motor vehicles and motor vehicle engines and was classified to section 
1857f-5 of this title, prior to repeal by Pub. L. 91-604.


                               Amendments

    1990--Subsec. (a)(1). Pub. L. 101-549, Sec. 208(b), inserted new 
third sentence and struck out former third sentence which read as 
follows: ``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 compliance with regulations 
under section 7521 of this title 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 hours, 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 7521(d) of this title) with the regulations prescribed 
under section 7521 of this title.''
    Subsec. (a)(4). Pub. L. 101-549, Sec. 208(a), added par. (4).
    Subsec. (e). Pub. L. 101-549, Sec. 230(7), struck out ``announce in 
the Federal Register and'' after ``The Administrator shall''.
    Subsec. (f). Pub. L. 101-549, Sec. 230(8), struck out par. (1) 
designation before ``All light duty vehicles'', inserted reference to 
all light-duty trucks manufactured during or after model year 1995, and 
struck out par. (2) which required the Administrator to report to 
Congress by Oct. 1, 1978, on the economic impact and technological 
feasibility of the requirements of former par. (1).
    Subsec. (h). Pub. L. 101-549, Sec. 208(c), added subsec. (h).
    1977--Subsec. (a)(1). Pub. L. 95-95, Sec. 220, inserted provisions 
covering testing by small manufacturers.
    Subsec. (a)(3). Pub. L. 95-95, Sec. 214(b), added par. (3).
    Subsec. (b)(2)(A)(i). Pub. L. 95-95, Sec. 214(c)(1), (2), 
substituted ``certificate of conformity was issued and with the 
requirements of section 7521(a)(4) of this title, he may suspend'' for 
``certificate of conformity was issued, he may suspend'' and ``such 
regulations and requirements'' for ``such regulations''.
    Subsec. (b)(2)(A)(ii). Pub. L. 95-95, Sec. 214(c)(2), substituted 
``such regulations and requirements'' for ``such regulations''.
    Subsec. (f). Pub. L. 95-95, Sec. 213(a), added subsec. (f).
    Subsec. (g). Pub. L. 95-95, Sec. 224(e), added subsec. (g).
    Subsec. (g)(3)(D). Pub. L. 95-190 inserted ``shall'' before ``be''.


                    Effective Date of 1977 Amendment

    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.


                             Effective Date

    Section 8(b) of Pub. L. 91-604 provided that: ``The amendments made 
by this section [enacting this section and section 7541 of this title] 
shall not apply to vehicles or engines imported into the United States 
before the sixtieth day after the date of enactment of this Act [Dec. 
31, 1970].''


       Modification or Rescission of Rules, Regulations, Orders, 
Determinations, Contracts, Certifications, Authorizations, Delegations, 
                            and Other Actions

    All rules, regulations, orders, determinations, contracts, 
certifications, authorizations, delegations, or other actions duly 
issued, made, or taken by or pursuant to act July 14, 1955, the Clean 
Air Act, as in effect immediately prior to the date of enactment of Pub. 
L. 95-95 [Aug. 7, 1977] to continue in full force and effect until 
modified or rescinded in accordance with act July 14, 1955, as amended 
by Pub. L. 95-95 [this chapter], see section 406(b) of Pub. L. 95-95, 
set out as an Effective Date of 1977 Amendment note under section 7401 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 7414, 7521, 7522, 7541, 
7545, 7547, 7550, 7552, 7554, 7583, 7587, 7607 of this title; title 15 
section 2702; title 26 section 4064; title 49 section 32904.
