Pub. L. 101-549, tit. II, pt. A, sec. 203
EMISSION STANDARDS FOR CONVENTIONAL MOTOR VEHICLES.
SEC. 203. EMISSION STANDARDS FOR CONVENTIONAL MOTOR VEHICLES. (a) Standards.— Section 202 of the Clean Air Act (42 U.S.C. 7521) is amended by adding the following at the end thereof: “(g) Light-Duty Trucks up to 6,000 lbs. GVWR and Light-Duty Vehicles; Standards for Model Years After 1993.— “(1) nmhc, co, and nox.— Effective with respect to the model year 1994 and thereafter, the regulations under subsection (a) applicable to emissions of nonmethane hydrocarbons (NMHC), carbon monoxide (CO), and oxides of nitrogen (NOx) from light-duty trucks (LDTs) of up to 6,000 lbs. gross vehicle weight rating (GVWR) and light-duty vehicles (LDVs) shall contain standards which provide that emissions from a percentage of each manufacturer’s sales volume of such vehicles and trucks shall comply with the levels specified in table G. The percentage shall be as specified in the implementation schedule below: table g—emission standards for nmhc, co, and nox from light-duty trucks of up to 6,000 lbs. gvwr and light-duty vehicles Vehicle type Column A Column B (5 yrs/50,000 mi) (10 yrs/100,000 mi) NMHC CO NOx NMHC CO NOx Standards are expressed in grams per mile (gpm). For standard! under column A, for purposes of certification under section 206, the applicable useful life shall be 5 years or 50,000 miles (or the equivalent), whichever first occurs. For standards under column B, for purposes of certification under section 206, the applicable useful life shall be 10 years or 100,000 miles (or the equivalent), whichever first occurs. *In the case of diesel-fueled LDTs (0–3,750 lvw) and light-duty vehicles, before the model year 2004, in lieu of the 0.4 and 0.6 standards for NO„ the applicable standards for NO, shall be 1.0 gpm for a useful life of 5 years or 50,000 miles (or the equivalent), whichever first occurs, end 1.25 gpm for a useful life of 10 years or 100,000 miles (or the equivalent) whichever first occurs. **This standard does not apply to diesel-fueled LDTs (3,751–5,750 lbs. LVW) LDTs (0–3,750 lbs. LVW) and light-duty vehicles 0.25 3.4 0.4* 0.31 4.2 0.6* LDTs (3,751–5,750 lbs. LVW) 0.32 4.4 0.7** 0.40 5.5 0.97 “Implementation Schedule for Table G Standards Model year Percentage * *Percentages in the table refer to a percentage of each manufacturer’s sales volume. 1994 40 1995 80 after 1995 100 “(2) PM Standard.—Effective with respect to model year 1994 and thereafter in the case of light-duty vehicles, and effective with respect to the model year 1995 and thereafter in the case of light-duty trucks (LDTs) of up to 6,000 lbs. gross vehicle weight rating (GVWR), the regulations under subsection (a) applicable to emissions of particulate matter (PM) from such vehicles and trucks shall contain standards which provide that such emissions from a percentage of each manufacturer’s sales volume of such vehicles and trucks shall not exceed the levels 104 STAT. 2475specified in the table below. The percentage shall be as specified in the Implementation Schedule below. “PM Standard for LDTs of up to 6,000 lbs. GVWR Useful life period Standard The applicable useful life, for purposes of certification under section 206 and for purposes of in-use compliance under section 207, shall be 5 years or 50,000 miles (Or the equivalent), whichever first occurs, in the case of the 5/50,000 standard. The applicable useful life, for purposes of certification under section 206 and for purposes of in-use compliance under section 207, shall be 10 years or 100,000 miles (nr the equivalent), whichever first occurs in the case of the 10/100,000 standard 5/50,000 0.08 gpm 10/100,000 0.10 gpm “Implementation Schedule for PM Standards Model year Light-dutyvehicles LDTs * Percentages in the table refer to a percentage of each manufacturer’s sales volume. 1994 40% * 1995 80% * 40% * 1996 106% * 80% * after 1996 100% * 100% * “(h) Light-Duty Trucks of More Than 6,000 lbs. GVWR; Standards for Model Years After 1995.— Effective with respect to the model year 1996 and thereafter, the regulations under subsection (a) applicable to emissions of nonmethane hydrocarbons (NMHC), carbon monoxide (CO), oxides of nitrogen (NOx), and particulate matter (PM) from light-duty trucks (LDTs) of more than 6,000 lbs. gross vehicle weight rating (GVWR) shall contain standards which provide that emissions from a specified percentage of each manufacturer’s sales volume of such trucks shall comply with the levels specified in table H. The specified percentage shall be 50 percent in model year 1996 and 100 percent thereafter. table h—emission standards for nmhc and co from gasoline and diesel fueled light-dutt trucks of more than 6,000 lbs. gvwr LDT Test weight Column A Column B (5 yrs/50,000 mi) (11 yrs/120,000 mi) NMHC CO NOx NMHC CO NOx PM 3,751–5,750 lbs. TW 0.32 4.4 0.7* 0.46 6.4 0.98 0.10 104 STAT. 2476 LDT Test weight Column A Column B (5 yrs/50,000 mi) (11 yrs/120,000 mi) NMHC CO NOx NMHC CO NOx PM Standards are expressed in grams per mile (GPM). For standards under column A, for purposes of certification under section 206, the applicable useful life shall be 5 years or 50,000 miles (or the equivalent) whichever first occurs. For standards under column B, for purposes of certification under section 206, the applicable useful life shall be 11 years or 120,000 miles (or the equivalent), whichever first occurs. *Not applicable to diesel-fueled LDTs. Over 5,750 lbs. TW 0.39 5.0 1.1* 0.56 7.3 1.53 0.12 “(i) Phase II Study for Certain Light-Duty Vehicles and Light-Duty Trucks.— (1) The Administrator, with the participation of the Office of Technology Assessment, shall study whether or not further reductions in emissions from light-duty vehicles and light-duty trucks should be required pursuant to this title. The study shall consider whether to establish with respect to model years commencing after January 1, 2003, the standards and useful life period for gasoline and diesel-fueled light-duty vehicles and light-duty trucks with a loaded vehicle weight (LVW) of 3,750 lbs. or less specified in the following table: “table 3—pending emission standards for gasoline and diesel fueled light-duty vehicles and light-duty trucks 3,750 lbs. lvw or less Pollutant Emission level* *Emission levels are expressed in grams per mile (GPM). For vehicles and engines subject to this subsection for purposes of section 202(d) and any reference thereto, the useful life of such vehicles and engines shall be a period of 10 years or 100,000 miles (or the equivalent), whichever first occurs. NMHC 0.125 GPM NOx 0.2 GPM CO 1.7 GPM Such study shall also consider other standards and useful life periods which are more stringent or less stringent than those set forth in table 3 (but more stringent than those referred to in subsections (g) and (h)). “(2) (A) As part of the study under paragraph (1), the Administrator shall examine the need for further reductions in emissions in order to attain or maintain the national ambient air quality standards, taking into consideration the waiver provisions of section 209(b). As part of such study, the Administrator shall also examine— “(i) the availability of technology (including the costs thereof), in the case of light-duty vehicles and light-duty trucks with a loaded vehicle weight (LVW) of 3,750 lbs. or less, for meeting more stringent emission standards than those provided in subsections (g) and (h) for model years commencing not earlier than after January 1, 2003, and not later than model year 2006, including the lead time and safety and energy impacts of meeting more stringent emission standards; and “(ii) the need for, and cost effectiveness of, obtaining further reductions in emissions from such light-duty vehicles and light-104 STAT. 2477duty trucks, taking into consideration alternative means of attaining or maintaining the national primary ambient air quality standards pursuant to State implementation plans and other requirements of this Act, including their feasibility and cost effectiveness. “(B) The Administrator shall submit a report to Congress no later than June 1, 1997, containing the results of the study under this subsection, including the results of the examination conducted under subparagraph (A). Before submittal of such report the Administrator shall provide a reasonable opportunity for public comment and shall include a summary of such comments in the report to Congress. “(3) (A) Based on the study under paragraph (1) the Administrator shall determine, by rule, within 3 calendar years after the report is submitted to Congress, but not later than December 31, 1999, whether— “(i) there is a need for further reductions in emissions as provided in paragraph (2)(A); “(ii) the technology for meeting more stringent emission standards will be available, as provided in paragraph (2)(A)(i), in the case of light-duty vehicles and light-duty trucks with a loaded vehicle weight (LVW) of 3,750 lbs. or less, for model years commencing not earlier than January 1, 2003, and not later than model year 2006, considering the factors listed in paragraph (2)(A)(i); and “(iii) obtaining further reductions in emissions from such vehicles will be needed and cost effective, taking into consideration alternatives as provided in paragraph (2)(A)(ii). The rulemaking under this paragraph shall commence within 3 months after submission of the report to Congress under paragraph (2)(B). “(B) If the Administrator determines under subparagraph (A) that— “(i) there is no need for further reductions in emissions as provided in paragraph (2)(A); “(ii) the technology for meeting more stringent emission standards will not be available as provided in paragraph (2)(A)(i), in the case of light-duty vehicles and light-duty trucks with a loaded vehicle weight (LVW) of 3,750 lbs. or less, for model years commencing not earlier than January 1, 2003, and not later than model year 2006, considering the factors listed in paragraph (2)(A)(i); or “(iii) obtaining further reductions in emissions from such vehicles will not be needed or cost effective, taking into consideration alternatives as provided in paragraph (2)(A)(ii), the Administrator shall not promulgate more stringent standards than those in effect pursuant to subsections (g) and (h). Nothing in this paragraph shall prohibit the Administrator from exercising the Administrator’s authority under subsection (a) to promulgate more stringent standards for light-duty vehicles and light-duty trucks with a loaded vehicle weight (LVW) of 3,750 lbs. or less at any other time thereafter in accordance with subsection (a). “(C) If the Administrator determines under subparagraph (A) that— “(i) there is a need for further reductions in emissions as provided in paragraph (2)(A); 104 STAT. 2478 “(ii) the technology for meeting more stringent emission standards will be available, as provided in paragraph (2)(A)(i), in the case of light-duty vehicles and light-duty trucks with a loaded vehicle weight (LVW) of 3,750 lbs. or less, for model years commencing not earlier than January 1, 2003, and not later than model year 2006, considering the factors listed in paragraph (2)(A)(i); and “(iii) obtaining further reductions in emissions from such vehicles will be needed and cost effective, taking into consideration alternatives as provided in paragraph (2)(A)(ii), the Administrator shall either promulgate the standards (and useful life periods) set forth in Table 3 in paragraph (1) or promulgate alternative standards (and useful life periods) which are more stringent than those referred to in subsections (g) and (h). Any such standards (or useful life periods) promulgated by the Administrator shall take effect with respect to any such vehicles or engines no earlier than the model year 2003 but not later than model year 2006, as determined by the Administrator in the rule. “(D) Nothing in this paragraph shall be construed by the Administrator or by a court as a presumption that any standards (or useful life period) set forth in Table 3 shall be promulgated in the rule-making required under this paragraph. The action required of the Administrator in accordance with this paragraph shall be treated as a nondiscretionary duty for purposes of section 304(a)(2) (relating to citizen suits). “(E) Unless the Administrator determines not to promulgate more stringent standards as provided in subparagraph (B) or to postpone the effective date of standards referred to in Table 3 in paragraph (1) or to establish alternative standards as provided in subparagraph (C), effective with respect to model years commencing after January 1, 2003, the regulations under subsection (a) applicable to emissions of nonmethane hydrocarbons (NMHC), oxides of nitrogen (NOx), and carbon monoxide (CO) from motor vehicles and motor vehicle engines in the classes specified in Table 3 in paragraph (1) above shall contain standards which provide that emissions may not exceed the pending emission levels specified in Table 3 in paragraph (1).”. (b) Useful Life.— Section 202(d) of the Clean Air Act (42 U.S.C. 7521(d)(1)) is amended as follows: (1) Insert “except where a different useful life period is specified in this title” after “provide that”. (2) Strike the semicolon at the end of paragraph (1) and insert the following “, except that in the case of any requirement of this section which first becomes applicable after the enactment of the Clean Air Act Amendments of 1990 where the useful life period is not otherwise specified for such vehicles and engines, the period shall be 10 years or 100,000 miles (or the equivalent), whichever first occurs, with testing for purposes of in-use compliance under section 207 up to (but not beyond) 7 years or 75,000 miles (or the equivalent), whichever first occurs;”. (3) Insert “and light-duty trucks up to 3,750 lbs. LVW and up to 6,000 lbs. GVWR” after “engines” in paragraph (1). (c) Revised Standards.— Subparagraph (C) of section 202(b)(1) of the Clean Air Act (42 U.S.C. 7521(b)(1)(C)) is amended to read as follows: “(C) The Administrator may promulgate regulations under subsection (a)(1) revising any standard prescribed or previously revised under this subsection, as needed to protect public health or welfare, 104 STAT. 2479taking costs, energy, and safety into account. Any revised standard shall require a reduction of emissions from the standard that was previously applicable. Any such revision under this title may provide for a phase-in of the standard. It is the intent of Congress that the numerical emission standards specified in subsections (a)(3)(B)(ii), (g), (h), and (i) shall not be modified by the Administrator after the enactment of the Clean Air Act Amendments of 1990 for any model year before the model year 2004.”. (d) Promulgation.— Section 202(b)(2) of the Clean Air Act (42 U.S.C. 7521(b)(2)) is amended to read as follows: “(2) Emission standards under paragraph (1), and measurement techniques on which such standards are based (if not promulgated prior to the date of the enactment of the Clean Air Act Amendments of 1990), shall be promulgated by regulation within 180 days after such date.”.