
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: 42USC7549]

 
                 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. 7549. High altitude performance adjustments


(a) Instruction of the manufacturer

    (1) Any action taken with respect to any element of design installed 
on or in a motor vehicle or motor vehicle engine in compliance with 
regulations under this subchapter (including any alteration or 
adjustment of such element), shall be treated as not in violation of 
section 7522(a) of this title if such action is performed in accordance 
with high altitude adjustment instructions provided by the manufacturer 
under subsection (b) of this section and approved by the Administrator.
    (2) If the Administrator finds that adjustments or modifications 
made pursuant to instructions of the manufacturer under paragraph (1) 
will not insure emission control performance with respect to each 
standard under section 7521 of this title at least equivalent to that 
which would 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) Regulations

    (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 insure 
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 the 
Administrator under paragraph (1) shall be treated as a violation by 
such manufacturer of section 7522(a)(3) of this title for purposes of 
the penalties contained in section 7524 of this title.
    (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) Manufacturer parts

    No instructions under this section respecting adjustments or 
modifications may require the use of any manufacturer parts (as defined 
in section 7522(a) of this title) 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) State inspection and maintenance programs

    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 August 7, 
1977) but after December 31, 1980, 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.

(e) High altitude testing

    (1) The Administrator shall promptly establish at least one testing 
center (in addition to the testing centers existing on November 15, 
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 7521(d) of this title), 
each class or category of vehicle and engines to which regulations under 
section 7521 of this title 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 November 15, 1990.
    (2) The Administrator, in cooperation with the Secretary of Energy 
and the Administrator of the Federal Transit 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.

(July 14, 1955, ch. 360, title II, Sec. 215, as added Pub. L. 95-95, 
title II, Sec. 211(b), Aug. 7, 1977, 91 Stat. 757; amended Pub. L. 95-
190, Sec. 14(a)(75), Nov. 16, 1977, 91 Stat. 1404; Pub. L. 101-549, 
title II, Sec. 224, Nov. 15, 1990, 104 Stat. 2503; Pub. L. 102-240, 
title III, Sec. 3004(b), Dec. 18, 1991, 105 Stat. 2088.)

                          Codification

    In subsec. (d), ``August 7, 1977'' substituted for ``the date of 
enactment of this Act'' to reflect the probable intent of Congress that 
such date of enactment meant the date of enactment of Pub. L. 95-95.


                               Amendments

    1990--Subsec. (e). Pub. L. 101-549 added subsec. (e).
    1977--Subsec. (d). Pub. L. 95-190 substituted ``December 31, 1980'' 
for ``December 31, 1981''.

                         Change of Name

    ``Federal Transit Administration'' substituted for ``Urban Mass 
Transit Administration'' in subsec. (e)(2) pursuant to section 3004(a) 
of Pub. L. 102-240, set out as a note under section 107 of Title 49, 
Transportation.


                             Effective Date

    Section effective Aug. 7, 1977, except as otherwise expressly 
provided, see section 406(d) 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 section 7522 of this title.
