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42 U.S.C. § 16131Definitions

submitted 21 years ago by Pub. L. 109-58 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 468 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines terms for the diesel emissions reduction part of the law. It explains what counts as a certified engine configuration, an eligible entity, and an emerging technology. It also defines fleet, verified technology, heavy- and medium-duty trucks, and which states and territories count as a "State.""

This part of the law uses these definitions. (1) "Administrator" means the Administrator of the Environmental Protection Agency. (2) A "certified engine configuration" is a new, rebuilt, or remanufactured engine setup that the Administrator or the California Air Resources Board has certified or verified; that meets, or has been rebuilt or remanufactured to meet, a stricter set of engine emission standards, as the Administrator determines; and, if it replaces an existing engine or vehicle, one where the old engine was removed from the vehicle and sent back to the supplier to be remanufactured to stricter standards or scrapped. (3) An "eligible entity" is: a regional, state, local, or tribal agency or port authority with authority over transportation or air quality; a nonprofit organization whose main purpose is reducing pollution or educating owners and operators of diesel fleets, or promoting transportation or air quality; or a private individual or entity that owns a diesel vehicle or fleet operated under a contract, license, or lease with a federal agency or one of the entities above, and that meets whatever timely rules the Administrator sets for vehicle use and for notifying and getting approval from that federal agency or entity. (4) An "emerging technology" is one that is not currently, or has never been, certified or verified by the Administrator or California's Air Resources Board, but for which someone has submitted an approvable test plan and application for verification. (5) A "fleet" means one or more diesel vehicles or mobile or stationary diesel engines. (6) "Heavy-duty truck" has the meaning of "heavy duty vehicle" given in section 7521 of this title. (7) "Medium-duty truck" means whatever the Administrator defines by regulation. (8) "State" means the 50 states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, and the Northern Mariana Islands. (9) A "verified technology" is a pollution-control technology — including a retrofit technology or auxiliary power unit — that the Administrator or California's Air Resources Board has verified.
the actual law source: uscode.house.gov ↗public domain

In this part:

(1) Administrator

The term “Administrator” means the Administrator of the Environmental Protection Agency.

(2) Certified engine configuration

The term “certified engine configuration” means a new, rebuilt, or remanufactured engine configuration—

(A)

that has been certified or verified by—

(i)

the Administrator; or

(ii)

the California Air Resources Board;

(B)

that meets or is rebuilt or remanufactured to a more stringent set of engine emission standards, as determined by the Administrator; and

(C)

in the case of a certified engine configuration involving the replacement of an existing engine or vehicle, an engine configuration that replaced an engine that was—

(i)

removed from the vehicle; and

(ii)

returned to the supplier for remanufacturing to a more stringent set of engine emissions standards or for scrappage.

(3) Eligible entity

The term “eligible entity” means—

(A)

a regional, State, local, or tribal agency or port authority with jurisdiction over transportation or air quality;

(B)

a nonprofit organization or institution that—

(i)

represents or provides pollution reduction or educational services to persons or organizations that own or operate diesel fleets; or

(ii)

has, as its principal purpose, the promotion of transportation or air quality; and

(C)

any private individual or entity that—

(i)

is the owner of record of a diesel vehicle or fleet operated pursuant to a contract, license, or lease with a Federal department or agency or an entity described in subparagraph (A); and

(ii)

meets such timely and appropriate requirements as the Administrator may establish for vehicle use and for notice to and approval by the Federal department or agency or entity described in subparagraph (A) with respect to which the owner has entered into a contract, license, or lease as described in clause (i).

(4) Emerging technology

The term “emerging technology” means a technology that is not currently, or has not been previously, certified or verified by the Administrator or the California Air Resources Board but for which an approvable application and test plan has been submitted for verification to the Administrator or the California Air Resources Board.

(5) Fleet

The term “fleet” means one or more diesel vehicles or mobile or stationary diesel engines.

(6) Heavy-duty truck

The term “heavy-duty truck” has the meaning given the term “heavy duty vehicle” in section 7521 of this title.

(7) Medium-duty truck

The term “medium-duty truck” has such meaning as shall be determined by the Administrator, by regulation.

(8) State

The term “State” means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(9) Verified technology

The term “verified technology” means a pollution control technology, including a retrofit technology or auxiliary power unit, that has been verified by—

(A)

the Administrator; or

(B)

the California Air Resources Board.

Source credit: (Pub. L. 109–58, title VII, § 791, Aug. 8, 2005, 119 Stat. 838; Pub. L. 110–255, § 3(a), June 30, 2008, 122 Stat. 2423; Pub. L. 111–364, § 2(a), Jan. 4, 2011, 124 Stat. 4056.)

history & why it existsrecord from the source credit
  • 2005Enacted · Pub. L. 109-58 · 119 Stat. 838
  • 2008Amended · Pub. L. 110-255 · 122 Stat. 2423
  • 2011Amended · Pub. L. 111-364 · 124 Stat. 4056

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-58 on 2005-08-08.

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