(a) Testing and issuance of certificate of conformity
(1)
The
Administrator shall test, or require to be tested in such manner as he deems appropriate, any
new motor vehicle or
new motor vehicle engine submitted by a
manufacturer to determine whether such vehicle or engine conforms with the regulations prescribed under
section 7521 of this title. If such vehicle or engine conforms to such regulations, the
Administrator shall issue a certificate of conformity upon such terms, and for such period (not in excess of one year), as he may prescribe. In the case of any original equipment
manufacturer (as defined by the
Administrator in regulations promulgated before
November 15, 1990) of vehicles or vehicle engines whose projected sales in the United
States for any
model year (as determined by the
Administrator) will not exceed 300, the
Administrator shall not require, for purposes of determining compliance with regulations under
section 7521 of this title for the useful life of the vehicle or engine, operation of any vehicle or engine manufactured during such
model year for more than 5,000 miles or 160 hours, respectively, unless the
Administrator, by regulation, prescribes otherwise. The
Administrator shall apply any adjustment factors that the
Administrator deems appropriate to assure that each vehicle or engine will comply during its useful life (as determined under
section 7521(d) of this title) with the regulations prescribed under
section 7521 of this title.
(2)
The
Administrator shall test any emission control system incorporated in a
motor vehicle or
motor vehicle engine submitted to him by any
person, in order to determine whether such system enables such vehicle or engine to conform to the standards required to be prescribed under
section 7521(b) of this title. If the
Administrator finds on the basis of such tests that such vehicle or engine conforms to such standards, the
Administrator shall issue a verification of compliance with
emission standards for such system when incorporated in vehicles of a class of which the tested vehicle is representative. He shall inform
manufacturers and the National Academy of Sciences, and make available to the public, the results of such tests. Tests under this paragraph shall be conducted under such terms and conditions (including requirements for preliminary testing by qualified independent laboratories) as the
Administrator may prescribe by regulations.
(3)
(A)
A certificate of conformity may be issued under this section only if the
Administrator determines that the
manufacturer (or in the case of a vehicle or engine for import, any
person) has established to the satisfaction of the
Administrator that any emission control device, system, or element of design installed on, or incorporated in, such vehicle or engine conforms to applicable requirements of
section 7521(a)(4) of this title.
(B)
The
Administrator may conduct such tests and may require the
manufacturer (or any such
person) to conduct such tests and provide such information as is necessary to carry out subparagraph (A) of this paragraph. Such requirements shall include a requirement for prompt reporting of the emission of any unregulated pollutant from a system, device, or element of design if such pollutant was not emitted, or was emitted in significantly lesser amounts, from the vehicle or engine without use of the system, device, or element of design.
(4)
(A)
Not later than 12 months after
November 15, 1990, the
Administrator shall revise the regulations promulgated under this subsection to add test procedures capable of determining whether
model year 1994 and later
model year light-duty vehicles and light-duty trucks, when properly maintained and used, will pass the inspection methods and procedures established under
section 7541(b) of this title for that
model year, under conditions reasonably likely to be encountered in the conduct of inspection and maintenance programs, but which those programs cannot reasonably influence or control. The conditions shall include fuel characteristics, ambient temperature, and short (30 minutes or less) waiting periods before tests are conducted. The
Administrator shall not grant a certificate of conformity under this subsection for any 1994 or later
model year vehicle or engine that the
Administrator concludes cannot pass the test procedures established under this paragraph.
(B)
From time to time, the
Administrator may revise the regulations promulgated under subparagraph (A), as the
Administrator deems appropriate.
(5)
(A) A motor vehicle engine (including all engine emission controls) may be installed in an exempted specially produced motor vehicle if the motor vehicle engine is from a motor vehicle that is covered by a certificate of conformity issued by the Administrator for the model year in which the exempted specially produced motor vehicle is produced, or the motor vehicle engine is covered by an Executive order subject to regulations promulgated by the California Air Resources Board for the model year in which the exempted specially produced motor vehicle is produced, and—
(i)
the
manufacturer of the engine supplies written instructions to the
Administrator and the
manufacturer of the exempted specially produced
motor vehicle explaining how to install the engine and maintain 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
manufacturer of the exempted specially produced
motor vehicle installs the engine in accordance with such instructions and certifies such installation in accordance with subparagraph (E);
(iii)
the installation instructions include emission control warranty information from the engine
manufacturer in compliance with
section 7541 of this title, including where warranty repairs can be made, emission control labels to be affixed to the vehicle, and the certificate of conformity number for the applicable vehicle in which the engine was originally intended or the applicable Executive order number for the engine; and
(iv)
the
manufacturer of the exempted specially produced
motor vehicle does not produce more than 325 such vehicles in the calendar year in which the vehicle is produced.
(B)
A
motor vehicle containing an engine compliant with the requirements of subparagraph (A) shall be treated as meeting the requirements of
section 7521 of this title applicable to new vehicles produced or imported in the
model year in which the exempted specially produced
motor vehicle is produced or imported.
(C) Engine installations that are not performed in accordance with installation instructions provided by the manufacturer and alterations to the engine not in accordance with the installation instructions shall—
(D)
The
manufacturer of an exempted specially produced
motor vehicle that has an engine compliant with the requirements of subparagraph (A) shall provide to the purchaser of such vehicle all information received by the
manufacturer from the engine
manufacturer, including information regarding emissions warranties from the engine
manufacturer and all emissions-related recalls by the engine
manufacturer.
(E) To qualify to install an engine under this paragraph, and sell, offer for sale, introduce into commerce, deliver for introduction into commerce or import an exempted specially produced motor vehicle, a manufacturer of exempted specially produced motor vehicles shall register with the Administrator at such time and in such manner as the Administrator determines appropriate. The manufacturer shall submit an annual report to the Administrator that includes—
(i)
a description of the exempted specially produced
motor vehicles and engines installed in such vehicles;
(ii)
the certificate of conformity number issued to the
motor vehicle in which the engine was originally intended or the applicable Executive order number for the engine; and
(iii)
a certification that it produced all exempted specially produced
motor vehicles according to the written instructions from the engine
manufacturer, and otherwise that the engine conforms in all material respects to the description in the application for the applicable certificate of conformity or Executive order.
(F) Exempted specially produced motor vehicles compliant with this paragraph shall be exempted from—
(G)
(i)
Except as provided in subparagraphs (A) through (F), a
person engaged in the manufacturing or assembling of exempted specially produced
motor vehicles shall be considered a
manufacturer for purposes of this chapter.
(ii)
Nothing in this paragraph shall be construed to exempt any
person from the prohibitions in
section 7522(a)(3) of this title or the requirements in sections 7542, 7525(c), or 7521(m)(5) of this title.
(H) In this paragraph:
(i) The term “exempted specially produced motor vehicle” means a light-duty vehicle or light-duty truck produced by a low-volume manufacturer and that—
(I)
is intended to resemble the body of another
motor vehicle that was manufactured not less than 25 years before the manufacture of the exempted specially produced
motor vehicle; and
(II)
is manufactured under a license for the product configuration, trade dress, trademark, or patent, for the
motor vehicle that is intended to be replicated from the original
manufacturer, its successors or assignees, or current owner of such product configuration, trade dress, trademark, or patent rights.
(b) Testing procedures; hearing; judicial review; additional evidence
(2)
(A)
(i)
If, based on tests conducted under paragraph (1) on a sample of new vehicles or engines covered by a certificate of conformity, the
Administrator determines that all or part of the vehicles or engines so covered do not conform with the regulations with respect to which the certificate of conformity was issued and with the requirements of
section 7521(a)(4) of this title, he may suspend or revoke such certificate in whole or in part, and shall so notify the
manufacturer. Such suspension or revocation shall apply in the case of any
new motor vehicles or
new motor vehicle engines manufactured after the date of such notification (or manufactured before such date if still in the hands of the
manufacturer), and shall apply until such time as the
Administrator finds that vehicles and engines manufactured by the
manufacturer do conform to such regulations and requirements. If, during any period of suspension or revocation, the
Administrator finds that a vehicle or engine actually conforms to such regulations and requirements, he shall issue a certificate of conformity applicable to such vehicle or engine.
(ii)
If, based on tests conducted under paragraph (1) on any new vehicle or engine, the
Administrator determines that such vehicle or engine does not conform with such regulations and requirements, he may suspend or revoke such certificate insofar as it applies to such vehicle or engine until such time as he finds such vehicle or engine actually so conforms with such regulations and requirements, and he shall so notify the
manufacturer.
(B)
(i)
At the request of any
manufacturer the
Administrator shall grant such
manufacturer a hearing as to whether the tests have been properly conducted or any sampling methods have been properly applied, and make a determination on the record with respect to any suspension or revocation under subparagraph (A); but suspension or revocation under subparagraph (A) shall not be stayed by reason of such hearing.
(ii)
In any case of actual controversy as to the validity of any determination under clause (i), the
manufacturer may at any time prior to the 60th day after such determination is made file a petition with the United
States court of appeals for the circuit wherein such
manufacturer resides or has his principal place of business for a judicial review of such determination. A copy of the petition shall be forthwith transmitted by the clerk of the court to the
Administrator or other officer designated by him for that purpose. The
Administrator thereupon shall file in the court the record of the proceedings on which the
Administrator based his determination, as provided in
section 2112 of title 28.
(iii)
If the petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the
Administrator, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the
Administrator, in such manner and upon such terms and conditions as the court may deem proper. The
Administrator may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original determination, with the return of such additional evidence.
(iv)
Upon the filing of the petition referred to in clause (ii), the court shall have jurisdiction to review the order in accordance with chapter 7 of title 5 and to grant appropriate relief as provided in such chapter.
(c) Inspection
For purposes of enforcement of this section, officers or employees duly designated by the Administrator, upon presenting appropriate credentials to the manufacturer or person in charge, are authorized (1) to enter, at reasonable times, any plant or other establishment of such manufacturer, for the purpose of conducting tests of vehicles or engines in the hands of the manufacturer, or (2) to inspect, at reasonable times, records, files, papers, processes, controls, and facilities used by such manufacturer in conducting tests under regulations of the Administrator. Each such inspection shall be commenced and completed with reasonable promptness.
(d) Rules and regulations
The Administrator shall by regulation establish methods and procedures for making tests under this section.
(f) High altitude regulations
All light duty vehicles and engines manufactured during or after model year 1984 and all light-duty trucks manufactured during or after model year 1995 shall comply with the requirements of section 7521 of this title regardless of the altitude at which they are sold.
(g) Nonconformance penalty
(1)
In the case of any class or category of heavy-duty vehicles or engines to which a standard promulgated under
section 7521(a) of this title applies, except as provided in paragraph (2), a certificate of conformity shall be issued under subsection (a) and shall not be suspended or revoked under subsection (b) for such vehicles or engines manufactured by a
manufacturer notwithstanding the failure of such vehicles or engines to meet such standard if such
manufacturer pays a nonconformance penalty as provided under regulations promulgated by the
Administrator after notice and opportunity for public hearing. In the case of motorcycles to which such a standard applies, such a certificate may be issued notwithstanding such failure if the
manufacturer pays such a penalty.
(2)
No certificate of conformity may be issued under paragraph (1) with respect to any class or category of vehicle or engine if the degree by which the
manufacturer fails to meet any standard promulgated under
section 7521(a) of this title with respect to such class or category exceeds the percentage determined under regulations promulgated by the
Administrator to be practicable. Such regulations shall require such testing of vehicles or engines being produced as may be necessary to determine the percentage of the classes or categories of vehicles or engines which are not in compliance with the regulations with respect to which a certificate of conformity was issued and shall be promulgated not later than one year after
August 7, 1977.
(3) The regulations promulgated under paragraph (1) shall, not later than one year after August 7, 1977, provide for nonconformance penalties in amounts determined under a formula established by the Administrator. Such penalties under such formula—
(A)
may vary from pollutant-to-pollutant;
(B)
may vary by class or category or vehicle or engine;
(D)
shall be increased periodically in order to create incentives for the development of production vehicles or engines which achieve the required degree of emission reduction; and
(E)
shall remove any competitive disadvantage to
manufacturers whose engines or vehicles achieve the required degree of emission reduction (including any such disadvantage arising from the application of paragraph (4)).
(4)
In any case in which a certificate of conformity has been issued under this subsection, any warranty required under
section 7541(b)(2) of this title and any action under
section 7541(c) of this title shall be required to be effective only for the emission levels which the
Administrator determines that such certificate was issued and not for the emission levels required under the applicable standard.
(5)
The authorities of
section 7542(a) of this title shall apply, subject to the conditions of section 7542(b) of this title, for purposes of this subsection.
(h) Review and revision of regulations
Within 18 months after November 15, 1990, the Administrator shall review and revise as necessary the regulations under subsection (a) and (b) of this section regarding the testing of motor vehicles and motor vehicle engines to insure that vehicles are tested under circumstances which reflect the actual current driving conditions under which motor vehicles are used, including conditions relating to fuel, temperature, acceleration, and altitude.
(July 14, 1955, ch. 360, title II, § 206, as added
Pub. L. 91–604, § 8(a),
Dec. 31, 1970,
84 Stat. 1694; amended
Pub. L. 95–95, title II, §§ 213(a), 214(b), (c), 220, 224(e),
Aug. 7, 1977,
91 Stat. 758–760, 762, 768;
Pub. L. 95–190, § 14(a)(69),
Nov. 16, 1977,
91 Stat. 1403;
Pub. L. 101–549, title II, §§ 208, 230(7), (8),
Nov. 15, 1990,
104 Stat. 2483, 2529;
Pub. L. 114–94, div. B, title XXIV, § 24405(b),
Dec. 4, 2015,
129 Stat. 1723.)
Amendments
2015—Subsec. (a)(5). Pub. L. 114–94 added par. (5).
1990—Subsec. (a)(1). Pub. L. 101–549, § 208(b), inserted new third sentence and struck out former third sentence which read as follows: “In the case of any manufacturer of vehicles or vehicle engines whose projected sales in the United States for any model year (as determined by the Administrator) will not exceed three hundred, the regulations prescribed by the Administrator concerning testing by the manufacturer for purposes of determining compliance with regulations under section 7521 of this title for the useful life of the vehicle or engine shall not require operation of any vehicle or engine manufactured during such model year for more than five thousand miles or one hundred and sixty hours, respectively, but the Administrator shall apply such adjustment factors as he deems appropriate to assure that each such vehicle or engine will comply during its useful life (as determined under section 7521(d) of this title) with the regulations prescribed under section 7521 of this title.”
Subsec. (a)(4). Pub. L. 101–549, § 208(a), added par. (4).
Subsec. (e). Pub. L. 101–549, § 230(7), struck out “announce in the Federal Register and” after “The Administrator shall”.
Subsec. (f). Pub. L. 101–549, § 230(8), struck out par. (1) designation before “All light duty vehicles”, inserted reference to all light-duty trucks manufactured during or after model year 1995, and struck out par. (2) which required the Administrator to report to Congress by Oct. 1, 1978, on the economic impact and technological feasibility of the requirements of former par. (1).
Subsec. (h). Pub. L. 101–549, § 208(c), added subsec. (h).
1977—Subsec. (a)(1). Pub. L. 95–95, § 220, inserted provisions covering testing by small manufacturers.
Subsec. (a)(3). Pub. L. 95–95, § 214(b), added par. (3).
Subsec. (b)(2)(A)(i). Pub. L. 95–95, § 214(c)(1), (2), substituted “certificate of conformity was issued and with the requirements of section 7521(a)(4) of this title, he may suspend” for “certificate of conformity was issued, he may suspend” and “such regulations and requirements” for “such regulations”.
Subsec. (b)(2)(A)(ii). Pub. L. 95–95, § 214(c)(2), substituted “such regulations and requirements” for “such regulations”.
Subsec. (f). Pub. L. 95–95, § 213(a), added subsec. (f).
Subsec. (g). Pub. L. 95–95, § 224(e), added subsec. (g).
Subsec. (g)(3)(D). Pub. L. 95–190 inserted “shall” before “be”.
Regulations
Pub. L. 114–94, div. B, title XXIV, § 24405(c), Dec. 4, 2015, 129 Stat. 1725, provided that:
“Not later than 12 months after the date of enactment of this Act [
Dec. 4, 2015], the Secretary of Transportation and the
Administrator of the
Environmental Protection Agency shall issue such regulations as may be necessary to implement the amendments made by subsections (a) [amending
section 30114 of Title 49, Transportation] and (b) [amending this section], respectively.”
Modification or Rescission of Rules, Regulations, Orders, Determinations, Contracts, Certifications, Authorizations, Delegations, and Other Actions
All rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursuant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95–95 [this chapter], see section 406(b) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title.
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