42 U.S.C. § 7547 — Nonroad engines and vehicles

submitted 71 years ago by Pub. L. 93-319 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 827 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Administrator must study pollution from nonroad engines, like those in boats or lawn equipment. If the study shows these engines add significantly to air pollution, the Administrator must set emission standards for them. Locomotive engines get their own 5-year deadline for standards.

(a) Emissions standards. (1) Within 12 months of November 15, 1990, the Administrator had to study emissions from nonroad engines and nonroad vehicles — engines and vehicles that are not motor vehicles, and not locomotives or locomotive engines — to see whether their pollution might reasonably be expected to harm public health or welfare. (2) After that study, and after a public notice-and-hearing process, the Administrator had 12 months to decide whether carbon monoxide, nitrogen oxides, and volatile organic compound emissions from new and existing nonroad engines or vehicles (again excluding locomotives) significantly contribute to ozone or carbon monoxide problems in more than one area that fails national air quality standards. This decision had to go into the regulations described in paragraph (3). (3) If the Administrator found "yes" in paragraph (2), the Administrator had to issue (and can later revise) standards for the classes of new nonroad engines and vehicles that cause or contribute to that pollution. These standards must achieve the greatest emission cuts that available technology allows, while considering the cost of that technology, the time manufacturers need, and noise, energy, and safety effects. In deciding how much reduction is achievable, the Administrator must first look at standards as strict as those for comparable motor vehicles or engines under section 7521, considering feasibility, cost, safety, noise, energy, and lead time. The standards apply for the "useful life" of the engines or vehicles, as the Administrator defines that life. (4) Even for pollutants not covered by paragraph (2), if the Administrator finds that emissions from new nonroad engines or vehicles significantly contribute to air pollution that may endanger health or welfare, the Administrator may set standards for the classes causing that pollution — again considering cost, noise, safety, and energy factors and technology availability. These standards also apply for the engines' or vehicles' useful life. (5) Within 5 years of November 15, 1990, the Administrator had to set standards for new locomotives and new locomotive engines. These standards must achieve the greatest emission cuts that available technology allows, considering cost, time, noise, energy, and safety. (b) Effective date. Standards under this section take effect as soon as possible, given the lead time needed to develop and use the required technology — while still considering compliance cost, energy, and safety. (c) Safe controls. Once standards under this section apply to new engines or vehicles, no emission control device or design may be used to meet those standards if it would create an unreasonable risk to public health, welfare, or safety. In deciding whether a risk is unreasonable, the Administrator must consider the same factors listed in section 7521(a)(4)(B). (d) Enforcement. These standards are subject to sections 7525, 7541, 7542, and 7543, with whatever changes to those sections' regulations the Administrator finds appropriate, and are enforced the same way as standards under section 7521. The Administrator must revise or issue regulations as needed to check compliance with, and enforce, these standards.

the actual law source: uscode.house.gov ↗public domain

(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.

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.

Source credit: (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.)

history & why it existsrecord from the source credit

1955Enacted · Pub. L. 93-319 · 88 Stat. 261
1990Amended · Pub. L. 101-549 · 104 Stat. 2500

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-319 on 1955-07-14.

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