42 U.S.C. § 7547

Nonroad engines and vehicles

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(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.

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.

(July 14, 1955, ch. 360, title II, § 213, as added Pub. L. 93–319, § 10, June 22, 1974, 88 Stat. 261; amended Pub. L. 101–549, title II, § 222(a), Nov. 15, 1990, 104 Stat. 2500.)Editorial NotesCodification

Section was formerly classified to section 1857f–6f of this title.

Prior Provisions

A prior section 213 of act July 14, 1955, was renumbered section 214 by Pub. L. 93–319 and renumbered section 216 by Pub. L. 95–95, and is classified to section 7550 of this title.

Amendments

1990—Pub. L. 101–549 amended section generally, substituting present provisions for provisions requiring Administrator and Secretary of Transportation to conduct study on fuel economy improvement for new motor vehicles manufactured during and after model year 1980.

Statutory Notes and Related SubsidiariesRegulations Relating to Standards To Reduce Emissions

Pub. L. 108–199, div. G, title IV, § 428(b), Jan. 23, 2004, 118 Stat. 418, provided that: “Not later than December 1, 2004, the Administrator of the Environmental Protection Agency shall propose regulations under the Clean Air Act [42 U.S.C. 7401 et seq.] that shall contain standards to reduce emissions from new nonroad spark-ignition engines smaller than 50 horsepower. Not later than December 31, 2005, the Administrator shall publish in the Federal Register final regulations containing such standards.”

Notes of Decisions

Cited in 19 cases (2 in the last 5 years), 1996–2024 · leading case: Bluewater Network v. Env't Prot. Agency, 370 F.3d 1 (D.C. Cir. 2004).

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Bluewater Network v. Env't Prot. Agency, 370 F.3d 1 (D.C. Cir. 2004). · cites it 16× “The snowmobile standards at issue in this case - promulgated under § 213 of the Clean Air Act (“CAA” or “Act”), 42 U.S.C. § 7547 (2000) - regulate emissions of three pollutants: carbon monoxide (“CO”), hydrocarbons (“HC”), and oxides of nitrogen (“NOx ”)• The CO standard was…”

Ctr. for Biological Diversity v. United States Env't Prot. Agency, 794 F. Supp. 2d 151 (D.D.C. 2011). · cites it 10× “” 42 U.S.C. § 7547 (a)(4). Section 231 provides in relevant part that EPA “shall, from time to time, issue proposed emission standards applicable to the emission of any air pollutant from any class or classes of aircraft engines which in [its] judgment causes, or contributes to,…”

Husqvarna AB v. Env't Prot. Agency, 254 F.3d 195 (D.C. Cir. 2001). · cites it 6× “Environmental Protection Agency (EPA), under the authority of section 213 of the Clean Air Act (CAA), 42 U.S.C. § 7547 . Husqvarna contends that the final rule is arbitrary and capricious because the EPA failed to select the emission standards that represent the best balance of…”

Bluewater Network v. Env't Prot. Agency, 372 F.3d 404 (D.C. Cir. 2004). · cites it 5× “42 U.S.C. § 7547 (a)(3); see also id. § 7607(d)(9)(A).”

Engine Mfrs. Ass'n v. U.S. Env't Prot. Agency, 88 F.3d 1075 (D.C. Cir. 1996). · cites it 6× “42 U.S.C. § 7547 (d) (1994). Neither party provides an entirely satisfactory explanation of how the EPA’s standards can be “subject to” § 209, which deals only with the preemption and permissibility of state standards and other requirements.”

Nat'l Ass'n of Clean Air Agencies v. Env't Prot. Agency, 489 F.3d 1221 (D.C. Cir. 2007). “at 69,676 (quoting 42 U.S.C. § 7547 (a)(3)). But § 231 does not contain such language.”

Nat'l Ass'n of Clean Water Agencies v. Env't Prot. Agency, 734 F.3d 1115 (D.C. Cir. 2013). “vable through the application of technology which [EPA] determines will be available for the engines or vehicles to which such standards apply, giving appro *1157 priate consideration to the cost of applying such technology within the period of time available to manufacturers…”

Am. Road & Transp. Builders Ass'n v. Env't Prot. Agency, 865 F. Supp. 2d 72 (D.D.C. 2012). “2399 , 2500 (codified at 42 U.S.C. § 7547 ). At the same time, in section 209(e) of the amended Act, Congress preempted state regulation of such emissions.”

Jensen Fam. Farms, Inc. v. Monterey Bay Unified Air Pollution Control Dist., 644 F.3d 934 (9th Cir. 2011). “§ 7521 (giving the Administrator of the Environmental Protection Agency (EPA) the authority to set emissions standards for new motor vehicles); CAA § 213, 42 U.S.C. § 7547 (same for nonroad sources).”

Ctr. for Biological Diversity v. United States Env't Prot. Agency, 274 F.R.D. 305 (D.D.C. 2011). “§ 7547(a)(1), and determine whether they 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.”

Pac. Merch. Shipping Ass'n v. Goldstene, 517 F.3d 1108 (9th Cir. 2008). “” Clean Air Act § 213(a)(3), 42 U.S.C. § 7547 (a)(3). 1 On the other hand, Congress expressly preempted state regulation of emissions from new engines used in construction and farm equipment, new engines smaller than 175 horsepower, and new locomotive engines.”

South Coast Air Quality Mgmt. Dist. v. Env't Prot. Agency, 554 F.3d 1076 (D.C. Cir. 2009). “42 U.S.C. § 7547 (a)(3). The standards are to “take effect at the earliest possible date considering the lead time necessary to permit the development and application of the requisite technology.”

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