§ 7547. Nonroad engines and vehicles
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(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, § 213, as added Pub. L. 93–319, § 10, June 22, 1974, 88 Stat. 261; amended Pub. L. 101–549, title II, § 222(a), Nov. 15, 1990, 104 Stat. 2500.)
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statutes-at-large
- Public Law 108–199Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2004, and for other purposes
- Public Law 101–549To amend the Clean Air Act to provide for attainment and maintenance of health protective national ambient air quality standards, and for other purposes
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- Sec. 301Amendments to the Clean Air Act
- Sec. 8Amendments to the Clean Air Act
- Sec. 5Amendments to the Clean Air Act
- Sec. 401Amendments to the Clean Air Act
- Sec. 301Amendments to the Clean Air Act
- Sec. 8Amendments to the Clean Air Act
- Sec. 401Transportation carbon management
- Sec. 301Amendments to the Clean Air Act
- Sec. 9607Freight railroad locomotive requirements
- Sec. 9607Freight railroad locomotive requirements
- Sec. 9607Freight railroad locomotive requirements
- Sec. 3In-port marine vessel zero emission standards
- Sec. 3In-port marine vessel zero emission standards
- Sec. 301Amendments to the Clean Air Act
- Sec. 2Exemption of nonroad farm engines and vehicles from Clean Air Act emission standards
- Sec. 3In-port marine vessel zero emission standards
- Sec. 301Amendments to the Clean Air Act
- Sec. 3In-port marine vessel zero emission standards
- Sec. 10301Amendments to the Clean Air Act
- Sec. 10301Amendments to the clean air act
- Sec. 10301Amendments to the clean air act
11 references not yet in our index
- July 14, 1955, ch. 360
- Pub. L. 93–319, § 10
- 88 Stat. 261
- Pub. L. 101–549, title II, § 222(a)
- 104 Stat. 2500
- section 1857f–6f of this title
- Pub. L. 93–319
- Pub. L. 95–95
- Pub. L. 101–549
- Pub. L. 108–199, div. G, title IV, § 428(b)
- 118 Stat. 418
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cites case law
§ 7547
Nonroad engines and vehicles
Fed. Reg.×39
Bills×23
U.S.C.×3
Stat.×2
Stat. Comp.×1
ActJuly 14, 1955, ch. 360
Pub. L.Pub. L. 93–319, § 10
Stat.88 Stat. 261
Pub. L.Pub. L. 101–549, title II, § 222(a)
Stat.104 Stat. 2500
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