
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: 42USC7547]

 
                 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. 7547. Nonroad engines and vehicles


(a) Emissions standards

    (1) The Administrator shall conduct a study of emissions from 
nonroad engines and nonroad vehicles (other than locomotives or engines 
used in locomotives) to determine if such emissions cause, or 
significantly contribute to, air pollution which may reasonably be 
anticipated to endanger public health or welfare. Such study shall be 
completed within 12 months of November 15, 1990.
    (2) After notice and opportunity for public hearing, the 
Administrator shall determine within 12 months after completion of the 
study under paragraph (1), based upon the results of such study, whether 
emissions of carbon monoxide, oxides of nitrogen, and volatile organic 
compounds from new and existing nonroad engines or nonroad vehicles 
(other than locomotives or engines used in locomotives) are significant 
contributors to ozone or carbon monoxide concentrations in more than 1 
area which has failed to attain the national ambient air quality 
standards for ozone or carbon monoxide. Such determination shall be 
included in the regulations under paragraph (3).
    (3) If the Administrator makes an affirmative determination under 
paragraph (2) the Administrator shall, within 12 months after completion 
of the study under paragraph (1), promulgate (and from time to time 
revise) regulations containing standards applicable to emissions from 
those classes or categories of new nonroad engines and new nonroad 
vehicles (other than locomotives or engines used in locomotives) which 
in the Administrator's judgment cause, or contribute to, such air 
pollution. Such standards shall achieve the greatest degree of emission 
reduction achievable through the application of technology which the 
Administrator determines will be available for the engines or vehicles 
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. In determining what degree of 
reduction will be available, the Administrator shall first consider 
standards equivalent in stringency to standards for comparable motor 
vehicles or engines (if any) regulated under section 7521 of this title, 
taking into account the technological feasibility, costs, safety, noise, 
and energy factors associated with achieving, as appropriate, standards 
of such stringency and lead time. The regulations shall apply to the 
useful life of the engines or vehicles (as determined by the 
Administrator).
    (4) If the Administrator determines that any emissions not referred 
to in paragraph (2) from new nonroad engines or vehicles significantly 
contribute to air pollution which may reasonably be anticipated to 
endanger public health or welfare, the Administrator may promulgate (and 
from time to time revise) such regulations as the Administrator deems 
appropriate containing standards applicable to emissions from those 
classes or categories of new nonroad engines and new nonroad vehicles 
(other than locomotives or engines used in locomotives) which in the 
Administrator's judgment cause, or contribute to, such air pollution, 
taking into account costs, noise, safety, and energy factors associated 
with the application of technology which the Administrator determines 
will be available for the engines and vehicles to which such standards 
apply. The regulations shall apply to the useful life of the engines or 
vehicles (as determined by the Administrator).
    (5) Within 5 years after November 15, 1990, the Administrator shall 
promulgate regulations containing standards applicable to emissions from 
new locomotives and new engines used in locomotives. Such standards 
shall achieve the greatest degree of emission reduction achievable 
through the application of technology which the Administrator determines 
will be available for the locomotives or engines 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.

(b) Effective date

    Standards under this section shall take effect at the earliest 
possible date considering the lead time necessary to permit the 
development and application of the requisite technology, giving 
appropriate consideration to the cost of compliance within such period 
and energy and safety.

(c) Safe controls

    Effective with respect to new engines or vehicles to which standards 
under this section apply, no emission control device, system, or element 
of design shall be used in such a new nonroad engine or new nonroad 
vehicle for purposes of complying with such standards 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. 
In determining whether an unreasonable risk exists, the Administrator 
shall consider factors including those described in section 
7521(a)(4)(B) of this title.

(d) Enforcement

    The standards under this section shall be subject to sections 7525, 
7541, 7542, and 7543 of this title, with such modifications of the 
applicable regulations implementing such sections as the Administrator 
deems appropriate, and shall be enforced in the same manner as standards 
prescribed under section 7521 of this title. The Administrator shall 
revise or promulgate regulations as may be necessary to determine 
compliance with, and enforce, standards in effect under this section.

(July 14, 1955, ch. 360, title II, Sec. 213, as added Pub. L. 93-319, 
Sec. 10, June 22, 1974, 88 Stat. 261; amended Pub. L. 101-549, title II, 
Sec. 222(a), Nov. 15, 1990, 104 Stat. 2500.)

                          Codification

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


                            Prior Provisions

    A prior section 213 of act July 14, 1955, was renumbered section 214 
by Pub. L. 93-319 and renumbered section 216 by Pub. L. 95-95, and is 
classified to section 7550 of this title.


                               Amendments

    1990--Pub. L. 101-549 amended section generally, substituting 
present provisions for provisions requiring Administrator and Secretary 
of Transportation to conduct study on fuel economy improvement for new 
motor vehicles manufactured during and after model year 1980.

                  Section Referred to in Other Sections

    This section is referred to in sections 7524, 7607 of this title.
