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U.S. Code as of:
01/19/04
Section 7547. Nonroad engines and vehicles
(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.
(c) Safe controls
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.
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