
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7543]

 
                 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. 7543. State standards


(a) Prohibition

    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 part. 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) Waiver

    (1) The Administrator shall, after notice and opportunity for public 
hearing, waive application of this section to any State which has 
adopted standards (other than crankcase emission standards) for the 
control of emissions from new motor vehicles or new motor vehicle 
engines prior to March 30, 1966, if the State determines that the State 
standards will be, in the aggregate, at least as protective of public 
health and welfare as applicable Federal standards. No such waiver shall 
be granted if the Administrator finds that--
        (A) the determination of the State is arbitrary and 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 7521(a) of this title.

    (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 
subchapter.

(c) Certification of vehicle parts or engine parts

    Whenever a regulation with respect to any motor vehicle part or 
motor vehicle engine part is in effect under section 7541(a)(2) of this 
title, 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) of this section.

(d) Control, regulation, or restrictions on registered or licensed motor 
        vehicles

    Nothing in this part shall preclude or deny to any State or 
political subdivision thereof the right otherwise to control, regulate, 
or restrict the use, operation, or movement of registered or licensed 
motor vehicles.

(e) Nonroad engines or vehicles

             (1) Prohibition on certain State standards

        No State or any political subdivision thereof shall adopt or 
    attempt to enforce any standard or other requirement relating to the 
    control of emissions from either of the following new nonroad 
    engines or nonroad vehicles subject to regulation under this 
    chapter--
            (A) New engines which are used in construction equipment or 
        vehicles or used in farm equipment or vehicles and which are 
        smaller than 175 horsepower.
            (B) New locomotives or new engines used in locomotives.

    Subsection (b) of this section shall not apply for purposes of this 
    paragraph.

                (2) Other nonroad engines or vehicles

        (A) In the case of any nonroad vehicles or engines other than 
    those referred to in subparagraph (A) or (B) of paragraph (1), the 
    Administrator shall, after notice and opportunity for public 
    hearing, authorize California to adopt and enforce standards and 
    other requirements relating to the control of emissions from such 
    vehicles or engines if California determines that California 
    standards will be, in the aggregate, at least as protective of 
    public health and welfare as applicable Federal standards. No such 
    authorization shall be granted if the Administrator finds that--
            (i) the determination of California is arbitrary and 
        capricious,
            (ii) California does not need such California standards to 
        meet compelling and extraordinary conditions, or
            (iii) California standards and accompanying enforcement 
        procedures are not consistent with this section.

        (B) Any State other than California which has plan provisions 
    approved under part D of subchapter I of this chapter may adopt and 
    enforce, after notice to the Administrator, for any period, 
    standards relating to control of emissions from nonroad vehicles or 
    engines (other than those referred to in subparagraph (A) or (B) of 
    paragraph (1)) and take such other actions as are referred to in 
    subparagraph (A) of this paragraph respecting such vehicles or 
    engines if--
            (i) such standards and implementation and enforcement are 
        identical, for the period concerned, to the California standards 
        authorized by the Administrator under subparagraph (A), and
            (ii) California and such State adopt such standards at least 
        2 years before commencement of the period for which the 
        standards take effect.

    The Administrator shall issue regulations to implement this 
    subsection.

(July 14, 1955, ch. 360, title II, Sec. 209, formerly Sec. 208, as added 
Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 501; renumbered and 
amended Pub. L. 91-604, Secs. 8(a), 11(a)(2)(A), 15(c)(2), Dec. 31, 
1970, 84 Stat. 1694, 1705, 1713; Pub. L. 95-95, title II, Secs. 207, 
221, Aug. 7, 1977, 91 Stat. 755, 762; Pub. L. 101-549, title II, 
Sec. 222(b), Nov. 15, 1990, 104 Stat. 2502.)

                          Codification

    Section was formerly classified to section 1857f-6a of this title.


                            Prior Provisions

    A prior section 209 of act July 14, 1955, as added Nov. 21, 1967, 
Pub. L. 90-148, Sec. 2, 81 Stat. 502, was renumbered section 210 by Pub. 
L. 91-604 and is classified to section 7544 of this title.
    Another prior section 209 of act July 14, 1955, ch. 360, title II, 
as added Oct. 20, 1965, Pub. L. 89-272, title I, Sec. 101(8), 79 Stat. 
995, related to appropriations for the fiscal years ending June 30, 
1966, 1967, 1968, and 1969, and was classified to section 1857f-8 of 
this title, prior to repeal by Pub. L. 89-675, Sec. 2(b), Oct. 15, 1966, 
80 Stat. 954.


                               Amendments

    1990--Subsec. (e). Pub. L. 101-549 added subsec. (e).
    1977--Subsec. (b). Pub. L. 95-95, Sec. 207, designated existing 
provisions as par. (1), substituted ``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'' for ``March 30, 1966, unless he finds that such State does 
not require standards more stringent than applicable Federal standards 
to meet compelling the extraordinary conditions or that such State 
standards and accompanying enforcement procedures are not consistent 
with section 7521(a) of this title'', added subpars. (A), (B), and (C), 
and added pars. (2) and (3).
    Subsecs. (c), (d). Pub. L. 95-95, Sec. 221, added subsec. (c) and 
redesignated former subsec. (c) as (d).
    1970--Subsec. (a). Pub. L. 91-604, Sec. 11(a)(2)(A), substituted 
``part'' for ``subchapter''.
    Subsec. (b). Pub. L. 91-604, Sec. 15(c)(2), substituted 
``Administrator'' for ``Secretary''.
    Subsec. (c). Pub. L. 91-604, Sec. 11(a)(2)(A), substituted ``part'' 
for ``subchapter''.


                    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.


       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 7416, 7507, 7521, 7541, 
7545, 7547, 7583, 7584 of this title.
