
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: 42USC7554]

 
                 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. 7554. Urban bus standards


(a) Standards for model years after 1993

    Not later than January 1, 1992, the Administrator shall promulgate 
regulations under section 7521(a) of this title applicable to urban 
buses for the model year 1994 and thereafter. Such standards shall be 
based on the best technology that can reasonably be anticipated to be 
available at the time such measures are to be implemented, taking costs, 
safety, energy, lead time, and other relevant factors into account. Such 
regulations shall require that such urban buses comply with the 
provisions of subsection (b) of this section (and subsection (c) of this 
subsection,\1\ if applicable) in addition to compliance with the 
standards applicable under section 7521(a) of this title for heavy-duty 
vehicles of the same type and model year.
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    \1\ So in original. Probably should be ``section,''.
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(b) PM standard

                      (1) 50 percent reduction

        The standards under section 7521(a) of this title applicable to 
    urban buses shall require that, effective for the model year 1994 
    and thereafter, emissions of particulate matter (PM) from urban 
    buses shall not exceed 50 percent of the emissions of particulate 
    matter (PM) allowed under the emission standard applicable under 
    section 7521(a) of this title as of November 15, 1990, for 
    particulate matter (PM) in the case of heavy-duty diesel vehicles 
    and engines manufactured in the model year 1994.

                        (2) Revised reduction

        The Administrator shall increase the level of emissions of 
    particulate matter allowed under the standard referred to in 
    paragraph (1) if the Administrator determines that the 50 percent 
    reduction referred to in paragraph (1) is not technologically 
    achievable, taking into account durability, costs, lead time, 
    safety, and other relevant factors. The Administrator may not 
    increase such level of emissions above 70 percent of the emissions 
    of particulate matter (PM) allowed under the emission standard 
    applicable under section 7521(a) of this title as of November 15, 
    1990, for particulate matter (PM) in the case of heavy-duty diesel 
    vehicles and engines manufactured in the model year 1994.

                  (3) Determination as part of rule

        As part of the rulemaking under subsection (a) of this section, 
    the Administrator shall make a determination as to whether the 50 
    percent reduction referred to in paragraph (1) is technologically 
    achievable, taking into account durability, costs, lead time, 
    safety, and other relevant factors.

(c) Low-polluting fuel requirement

                         (1) Annual testing

        Beginning with model year 1994 buses, the Administrator shall 
    conduct annual tests of a representative sample of operating urban 
    buses subject to the particulate matter (PM) standard applicable 
    pursuant to subsection (b) of this section to determine whether such 
    buses comply with such standard in use over their full useful life.

         (2) Promulgation of additional low-polluting fuel 
                                 requirement

        (A) If the Administrator determines, based on the testing under 
    paragraph (1), that urban buses subject to the particulate matter 
    (PM) standard applicable pursuant to subsection (b) of this section 
    do not comply with such standard in use over their full useful life, 
    he shall revise the standards applicable to such buses to require 
    (in addition to compliance with the PM standard applicable pursuant 
    to subsection (b) of this section) that all new urban buses 
    purchased or placed into service by owners or operators of urban 
    buses in all metropolitan statistical areas or consolidated 
    metropolitan statistical areas with a 1980 population of 750,000 or 
    more shall be capable of operating, and shall be exclusively 
    operated, on low-polluting fuels. The Administrator shall establish 
    the pass-fail rate for purposes of testing under this subparagraph.
        (B) The Administrator shall promulgate a schedule phasing in any 
    low-polluting fuel requirement established pursuant to this 
    paragraph to an increasing percentage of new urban buses purchased 
    or placed into service in each of the first 5 model years commencing 
    3 years after the determination under subparagraph (A). Under such 
    schedule 100 percent of new urban buses placed into service in the 
    fifth model year commencing 3 years after the determination under 
    subparagraph (A) shall comply with the low-polluting fuel 
    requirement established pursuant to this paragraph.
        (C) The Administrator may extend the requirements of this 
    paragraph to metropolitan statistical areas or consolidated 
    metropolitan statistical areas with a 1980 population of less than 
    750,000, if the Administrator determines that a significant benefit 
    to public health could be expected to result from such extension.

(d) Retrofit requirements

    Not later than 12 months after November 15, 1990, the Administrator 
shall promulgate regulations under section 7521(a) of this title 
requiring that urban buses which--
        (1) are operating in areas referred to in subparagraph (A) of 
    subsection (c)(2) of this section (or subparagraph (C) of subsection 
    (c)(2) of this section if the Administrator has taken action under 
    that subparagraph);
        (2) were not subject to standards in effect under the 
    regulations under subsection (a) of this section; and
        (3) have their engines replaced or rebuilt after January 1, 
    1995,

shall comply with an emissions standard or emissions control technology 
requirement established by the Administrator in such regulations. Such 
emissions standard or emissions control technology requirement shall 
reflect the best retrofit technology and maintenance practices 
reasonably achievable.

(e) Procedures for administration and enforcement

    The Administrator shall establish, within 18 months after November 
15, 1990, and in accordance with section 7525(h) of this title, 
procedures for the administration and enforcement of standards for buses 
subject to standards under this section, testing procedures, sampling 
protocols, in-use compliance requirements, and criteria governing 
evaluation of buses. Procedures for testing (including, but not limited 
to, certification testing) shall reflect actual operating conditions.

(f) Definitions

    For purposes of this section--

                            (1) Urban bus

        The term ``urban bus'' has the meaning provided under 
    regulations of the Administrator promulgated under section 7521(a) 
    of this title.

                       (2) Low-polluting fuel

        The term ``low-polluting fuel'' means methanol, ethanol, 
    propane, or natural gas, or any comparably low-polluting fuel. In 
    determining whether a fuel is comparably low-polluting, the 
    Administrator shall consider both the level of emissions of air 
    pollutants from vehicles using the fuel and the contribution of such 
    emissions to ambient levels of air pollutants. For purposes of this 
    paragraph, the term ``methanol'' includes any fuel which contains at 
    least 85 percent methanol unless the Administrator increases such 
    percentage as he deems appropriate to protect public health and 
    welfare.

(July 14, 1955, ch. 360, title II, Sec. 219, as added Pub. L. 101-549, 
title II, Sec. 227[(a)], Nov. 15, 1990, 104 Stat. 2505.)

                  Section Referred to in Other Sections

    This section is referred to in sections 7521, 7522, 7545 of this 
title.
