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U.S. Code as of:
01/19/04
Section 7554. Urban bus standards
(a) Standards for model years after 1993
Not later than January 1, 1992, the Administrator shall
promulgate regulations under section 7521(a) of this title
applicable to urban buses for the model year 1994 and thereafter.
Such standards shall be based on the best technology that can
reasonably be anticipated to be available at the time such measures
are to be implemented, taking costs, safety, energy, lead time, and
other relevant factors into account. Such regulations shall require
that such urban buses comply with the provisions of subsection (b)
of this section (and subsection (c) of this subsection,)1(! if
applicable) in addition to compliance with the standards applicable
under section 7521(a) of this title for heavy-duty vehicles of the
same type and model year.
(b) PM standard
(1) 50 percent reduction
The standards under section 7521(a) of this title applicable to
urban buses shall require that, effective for the model year 1994
and thereafter, emissions of particulate matter (PM) from urban
buses shall not exceed 50 percent of the emissions of particulate
matter (PM) allowed under the emission standard applicable under
section 7521(a) of this title as of November 15, 1990, for
particulate matter (PM) in the case of heavy-duty diesel vehicles
and engines manufactured in the model year 1994.
(2) Revised reduction
The Administrator shall increase the level of emissions of
particulate matter allowed under the standard referred to in
paragraph (1) if the Administrator determines that the 50 percent
reduction referred to in paragraph (1) is not technologically
achievable, taking into account durability, costs, lead time,
safety, and other relevant factors. The Administrator may not
increase such level of emissions above 70 percent of the
emissions of particulate matter (PM) allowed under the emission
standard applicable under section 7521(a) of this title as of
November 15, 1990, for particulate matter (PM) in the case of
heavy-duty diesel vehicles and engines manufactured in the model
year 1994.
(3) Determination as part of rule
As part of the rulemaking under subsection (a) of this section,
the Administrator shall make a determination as to whether the 50
percent reduction referred to in paragraph (1) is technologically
achievable, taking into account durability, costs, lead time,
safety, and other relevant factors.
(c) Low-polluting fuel requirement
(1) Annual testing
Beginning with model year 1994 buses, the Administrator shall
conduct annual tests of a representative sample of operating
urban buses subject to the particulate matter (PM) standard
applicable pursuant to subsection (b) of this section to
determine whether such buses comply with such standard in use
over their full useful life.
(2) Promulgation of additional low-polluting fuel requirement
(A) If the Administrator determines, based on the testing under
paragraph (1), that urban buses subject to the particulate matter
(PM) standard applicable pursuant to subsection (b) of this
section do not comply with such standard in use over their full
useful life, he shall revise the standards applicable to such
buses to require (in addition to compliance with the PM standard
applicable pursuant to subsection (b) of this section) that all
new urban buses purchased or placed into service by owners or
operators of urban buses in all metropolitan statistical areas or
consolidated metropolitan statistical areas with a 1980
population of 750,000 or more shall be capable of operating, and
shall be exclusively operated, on low-polluting fuels. The
Administrator shall establish the pass-fail rate for purposes of
testing under this subparagraph.
(B) The Administrator shall promulgate a schedule phasing in
any low-polluting fuel requirement established pursuant to this
paragraph to an increasing percentage of new urban buses
purchased or placed into service in each of the first 5 model
years commencing 3 years after the determination under
subparagraph (A). Under such schedule 100 percent of new urban
buses placed into service in the fifth model year commencing 3
years after the determination under subparagraph (A) shall comply
with the low-polluting fuel requirement established pursuant to
this paragraph.
(C) The Administrator may extend the requirements of this
paragraph to metropolitan statistical areas or consolidated
metropolitan statistical areas with a 1980 population of less
than 750,000, if the Administrator determines that a significant
benefit to public health could be expected to result from such
extension.
(d) Retrofit requirements
Not later than 12 months after November 15, 1990, the
Administrator shall promulgate regulations under section 7521(a) of
this title requiring that urban buses which -
(1) are operating in areas referred to in subparagraph (A) of
subsection (c)(2) of this section (or subparagraph (C) of
subsection (c)(2) of this section if the Administrator has taken
action under that subparagraph);
(2) were not subject to standards in effect under the
regulations under subsection (a) of this section; and
(3) have their engines replaced or rebuilt after January 1,
1995,
shall comply with an emissions standard or emissions control
technology requirement established by the Administrator in such
regulations. Such emissions standard or emissions control
technology requirement shall reflect the best retrofit technology
and maintenance practices reasonably achievable.
(e) Procedures for administration and enforcement
The Administrator shall establish, within 18 months after
November 15, 1990, and in accordance with section 7525(h) of this
title, procedures for the administration and enforcement of
standards for buses subject to standards under this section,
testing procedures, sampling protocols, in-use compliance
requirements, and criteria governing evaluation of buses.
Procedures for testing (including, but not limited to,
certification testing) shall reflect actual operating conditions.
(f) Definitions
For purposes of this section -
(1) Urban bus
The term "urban bus" has the meaning provided under regulations
of the Administrator promulgated under section 7521(a) of this
title.
(2) Low-polluting fuel
The term "low-polluting fuel" means methanol, ethanol, propane,
or natural gas, or any comparably low-polluting fuel. In
determining whether a fuel is comparably low-polluting, the
Administrator shall consider both the level of emissions of air
pollutants from vehicles using the fuel and the contribution of
such emissions to ambient levels of air pollutants. For purposes
of this paragraph, the term "methanol" includes any fuel which
contains at least 85 percent methanol unless the Administrator
increases such percentage as he deems appropriate to protect
public health and welfare.
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