|
U.S. Code as of:
01/19/04
Section 7525. Motor vehicle and motor vehicle engine compliance testing and certification
(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.
(b) Testing procedures; hearing; judicial review; additional
evidence
(1) In order to determine whether new motor vehicles or new motor
vehicle engines being manufactured by a manufacturer do in fact
conform with the regulations with respect to which the certificate
of conformity was issued, the Administrator is authorized to test
such vehicles or engines. Such tests may be conducted by the
Administrator directly or, in accordance with conditions specified
by the Administrator, by the manufacturer.
(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.
(e) Publication of test results
The Administrator shall make available to the public the results
of his tests of any motor vehicle or motor vehicle engine submitted
by a manufacturer under subsection (a) of this section as promptly
as possible after December 31, 1970, and at the beginning of each
model year which begins thereafter. Such results shall be described
in such nontechnical manner as will reasonably disclose to
prospective ultimate purchasers of new motor vehicles and new motor
vehicle engines the comparative performance of the vehicles and
engines tested in meeting the standards prescribed under section
7521 of this title.
(f) High altitude regulations
All light duty )1(! 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) of
this section and shall not be suspended or revoked under subsection
(b) of this section 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;
(C) shall take into account the extent to which actual
emissions of any air pollutant exceed allowable emissions under
the standards promulgated under section 7521 of this title;
(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) )2(! 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
)3(! (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.
|
|