42 U.S.C. § 7525 — Motor vehicle and motor vehicle engine compliance testing and certification

(a) Testing and issuance of certificate of conformity. (1) The Administrator^* must test, or require appropriate testing of, each new vehicle or engine a manufacturer submits to determine whether it follows section 7521 regulations. If it does, the Administrator must issue a certificate of conformity on prescribed terms for no more than 1 year. For an original equipment manufacturer whose projected United States sales for a model year^* will not exceed 300, the Administrator generally may not require, for useful-life compliance, operation of a vehicle for more than 5,000 miles or an engine for more than 160 hours, unless regulations say otherwise. The Administrator must apply appropriate adjustment factors to ensure compliance throughout useful life under section 7521(d). (2) The Administrator must test an emission-control system submitted by anyone to determine whether it enables a representative vehicle class to meet section 7521(b) standards. If it does, the Administrator must issue verification of compliance for that system, inform manufacturers and the National Academy of Sciences, and make test results public. Regulations may set conditions, including preliminary tests by qualified independent laboratories. (3)(A) A certificate may issue only if the manufacturer, or for an imported vehicle or engine any person^*, establishes that each emission-control device, system, or design element meets section 7521(a)(4). (B) The Administrator may test, require tests, and require information. This includes prompt reporting of an unregulated pollutant emitted by a device or system when it was not emitted, or was emitted in much smaller amounts, without it. (4)(A) Within 12 months after November 15, 1990, the Administrator must add tests showing whether properly maintained and used model year 1994 and later light-duty vehicles and trucks can pass that model year’s section 7541(b) inspection procedures under conditions likely during inspections but not reasonably controllable by the programs. Conditions include fuel characteristics, ambient temperature, and waiting periods of 30 minutes or less. No certificate may issue for a vehicle or engine that cannot pass. (B) The Administrator may revise those rules. (5)(A) An engine, including its emission controls, may be installed in an exempted specially produced vehicle if it comes from a vehicle covered by an Administrator certificate for that model year or is covered by a California Air Resources Board Executive order, and: (i) the engine maker gives the Administrator and the vehicle maker written instructions explaining how to install the engine and maintain the functionality of the engine’s emission-control system and the on-board diagnostic system (commonly known as “OBD”), except with respect to evaporative emissions; (ii) the vehicle maker follows and certifies the installation under (E); (iii) instructions include warranty information, repair locations, labels, and the original certificate or Executive order number; and (iv) no more than 325 such vehicles are produced in that calendar year. (B) A vehicle with such an engine is treated as meeting section 7521 requirements for its production or import model year. (C) An installation not following the instructions, or an alteration not following them, is a prohibited act by the installer and is subject to section 7524(a), (b), and (c) penalties. (D) The vehicle maker must give the buyer all information received from the engine maker, including emissions warranties and recalls. (E) To install such an engine or sell, offer, introduce, deliver, or import the vehicle, the vehicle maker must register as the Administrator requires and annually report: (i) vehicle and engine descriptions; (ii) the original certificate or Executive order number; and (iii) certification that production followed instructions and the engine materially matches the certificate or order application. (F) Compliant vehicles are exempt from certification testing under this section and section 7410 inspection and maintenance programs. (G)(i) Except for (A)–(F), anyone manufacturing or assembling these vehicles is a manufacturer under this chapter. (ii) This paragraph does not exempt anyone from section 7522(a)(3) prohibitions or sections 7542, 7525(c), or 7521(m)(5). (H)(i) “Exempted specially produced motor vehicle^*” means an LDT or LDV made by a low-volume manufacturer that is intended to resemble a vehicle body made at least 25 years earlier and is made under a license for the original product configuration, trade dress, trademark, or patent. (ii) “Low-volume manufacturer” means a vehicle maker, other than a section 30141 title 49 registered importer, whose worldwide annual production, including applicable parent or subsidiary production, is no more than 5,000 vehicles.

(b) Testing procedures; hearing; judicial review; additional evidence. (1) To determine whether manufactured vehicles or engines actually conform to the regulations covered by their certificates, the Administrator may test them directly or, under specified conditions, require the manufacturer to test them. (2)(A)(i) If sample tests show that all or part of the covered vehicles or engines do not conform to the regulations or section 7521(a)(4), the Administrator may suspend or revoke the certificate in whole or part and must notify the manufacturer. The action covers vehicles or engines made after notice, and earlier ones still held by the manufacturer, until conformity is found. If a particular vehicle or engine conforms during suspension or revocation, the Administrator must issue a certificate for it. (ii) If testing one vehicle or engine shows nonconformity, the Administrator may suspend or revoke the certificate as to that vehicle or engine until conformity is found and must notify the manufacturer. (B)(i) At a manufacturer’s request, the Administrator must hold a hearing on whether testing and sampling were proper and decide on the record. The suspension or revocation is not stayed by the hearing. (ii) In an actual dispute about that decision, the manufacturer may, within 60 days, petition the court of appeals for the circuit where it resides or has its principal business. The clerk must promptly send the petition to the Administrator, who must file the proceeding record as section 2112 of title 28 provides. (iii) If the petitioner shows that additional material evidence could not reasonably have been presented earlier, the court may order it taken before the Administrator under proper terms. The Administrator may change factual findings or make new ones and must file them and any recommendation with the additional evidence. (iv) The court has jurisdiction to review the order under title 5, chapter 7, and grant the relief that chapter permits.

(c) Inspection. For enforcement, designated officers or employees with proper credentials may enter a manufacturer’s plant or other establishment at reasonable times to test vehicles or engines held by the manufacturer, and inspect at reasonable times the records, files, papers, processes, controls, and facilities used for regulated tests. Each inspection must begin and finish promptly and reasonably.

(d) Rules and regulations. The Administrator must issue regulations establishing testing methods and procedures.

(e) Publication of test results. As promptly as possible after December 31, 1970, and at the beginning of each later model year, the Administrator must make public results of tests of vehicles or engines submitted under (a). The results must be described in nontechnical language that reasonably shows prospective ultimate buyers how the tested vehicles and engines compare in meeting section 7521 standards.

(f) High altitude regulations. All light-duty vehicles and engines made in model year 1984 or later and all light-duty trucks made in model year 1995 or later must meet section 7521 requirements regardless of the altitude where sold.

(g) Nonconformance penalty. (1) For a heavy-duty vehicle or engine class subject to a section 7521(a) standard, a certificate must issue and cannot be suspended or revoked under (b), despite failure to meet that standard, if the manufacturer pays the regulated nonconformance penalty after notice and public-hearing opportunity. The same may apply to motorcycles. (2) No certificate may issue this way if the failure exceeds the practicable percentage set by regulation. Regulations must require enough production testing to determine the noncompliant percentage and must be issued within 1 year after August 7, 1977. (3) Within that year, regulations must set formula-based penalties that may vary by pollutant and vehicle or engine class, account for how much actual emissions exceed allowed emissions, periodically increase to encourage compliant production, and remove competitive disadvantages for compliant manufacturers, including disadvantages from paragraph (4). (4) If a certificate issues under this subsection, the section 7541(b)(2) warranty and section 7541(c) action apply only to the emission levels for which the certificate issued, not the applicable standard’s levels. (5) Section 7542(a) authority applies subject to section 7542(b).

(h) Review and revision. Within 18 months after November 15, 1990, the Administrator must review and revise as needed the vehicle and engine testing rules under subsections (a) and (b) so tests reflect actual current driving conditions, including fuel, temperature, acceleration, and altitude.