340 
Subdivision 3—Emission Standards for 
Moving Sources 
Chapter 221—Motor Vehicle Emission And 
Fuel Standards 
Sec. 
221101. Definitions. 
221102. Emission standards for new motor vehicles or new motor vehicle engines. 
221103. Prohibited acts. 
221104. Injunction proceedings. 
221105. Civil penalties. 
221106. Motor vehicle and motor vehicle engine compliance testing and certification. 
221107. Compliance by vehicles and engines in actual use. 
221108. Information collection. 
221109. State standards. 
221110. State grants. 
221111. Regulation of fuels. 
221112. Renewable fuel. 
221113. Nonroad engines and nonroad vehicles. 
221114. High altitude performance adjustments. 
221115. Motor vehicle compliance program fees. 
221116. Prohibition of production of engines requiring leaded gasoline. 
221117. Urban bus standards. 
§ 221101. Definitions 
In this chapter: 
(1) COMMERCE.—The term ‘‘commerce’’ means— 
(A) commerce between any place in any State and any place 
outside the State; and 
(B) commerce wholly within the District of Columbia. 
(2) DEALER.—The term ‘‘dealer’’ means any person engaged in the 
sale or distribution of new motor vehicles or new motor vehicle engines 
to an ultimate purchaser. 
(3) GROSS
VEHICLE
WEIGHT
RATING.—The term ‘‘gross vehicle 
weight rating’’ has the meaning given the term in regulations promul-
gated by the Administrator and in effect as of November 15, 1990. 
(4) GVWR.—The term ‘‘GVWR’’ means gross vehicle weight rating. 
(5) HEAVY-DUTY VEHICLE.— 
(A) IN
GENERAL.—The term ‘‘heavy-duty vehicle’’ means a 
truck, bus, or other vehicle manufactured primarily for use on the 
public streets, roads, and highways (not including any vehicle op-
erated exclusively on a rail or rails) that has a gross vehicle weight 
rating (as determined under regulations promulgated by the Ad-
ministrator) in excess of 6,000 pounds. 
(B) INCLUSIONS.—The term ‘‘heavy-duty vehicle’’ includes any 
vehicle described in subparagraph (A) that has special features en-
abling off-street or off-highway operation and use. 
(6) LDT.—The term ‘‘LDT’’ means light-duty truck. 
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(7) LIGHT-DUTY
TRUCK.—The term ‘‘light-duty truck’’ has the 
meaning given the term in regulations promulgated by the Adminis-
trator and in effect as of November 15, 1990. 
(8) LIGHT-DUTY VEHICLE.—The term ‘‘light-duty vehicle’’ has the 
meaning given the term in regulations promulgated by the Adminis-
trator and in effect as of November 15, 1990. 
(9) LOADED VEHICLE WEIGHT.—The term ‘‘loaded vehicle weight’’ 
has the meaning given the term in regulations promulgated by the Ad-
ministrator and in effect as of November 15, 1990. 
(10) LVW.—The term ‘‘LVW’’ means loaded vehicle weight. 
(11) MANUFACTURER.— 
(A) IN GENERAL.—The term ‘‘manufacturer’’, as used in sec-
tions 221102, 221103, 221106, 221107, and 221108 of this title, 
means— 
(i) any person that is engaged in manufacturing, assem-
bling, or importing for resale new motor vehicles, new motor 
vehicle engines, new nonroad vehicles, or new nonroad en-
gines; or 
(ii) any person that acts for and is under the control of a 
person described in clause (i) in connection with the distribu-
tion of new motor vehicles, new motor vehicle engines, new 
nonroad vehicles, or new nonroad engines. 
(B) EXCLUSIONS.—The term ‘‘manufacturer’’, as used in sec-
tions 221102, 221103, 221106, 221107, and 221108 of this title, 
does not include any dealer with respect to new motor vehicles, 
new motor vehicle engines, new nonroad vehicles, or new nonroad 
engines received by the dealer in commerce. 
(C) MOTOR
VEHICLE
PARTS
AND
MOTOR
VEHICLE
ENGINE 
PARTS.—The term ‘‘manufacturer’’, as used in sections 221107 
and 221108 of this title with reference to a manufacturer of a 
motor vehicle part or motor vehicle engine part, means any person 
engaged in the manufacturing, assembling or rebuilding of any de-
vice, system, part, component, or element of design that is in-
stalled in or on a motor vehicle or motor vehicle engine. 
(12) MODEL YEAR.— 
(A) IN
GENERAL.—Subject to subparagraph (B), the term 
‘‘model year’’, with reference to any specific calendar year, 
means— 
(i) a manufacturer’s annual production period (as deter-
mined by the Administrator) that includes January 1 of that 
calendar year; or 
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(ii) with respect to a manufacturer that has no annual pro-
duction period, the calendar year. 
(B) DEFINITION BY THE ADMINISTRATOR.—For the purpose of 
ensuring that vehicles and engines manufactured before the begin-
ning of a model year are not manufactured for purposes of circum-
venting the effective date of a standard required to be prescribed 
by section 221102(b) of this title, the Administrator may prescribe 
regulations defining the term ‘‘model year’’ otherwise than as pro-
vided in subparagraph (A). 
(13) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means any self- 
propelled vehicle designed for transporting persons or property on a 
street or highway. 
(14) NEW MOTOR VEHICLE.— 
(A) IN GENERAL.—Except with respect to vehicles imported or 
offered for importation, the term ‘‘new motor vehicle’’ means a 
motor vehicle the equitable or legal title to which has never been 
transferred to an ultimate purchaser. 
(B) VEHICLES IMPORTED OR OFFERED FOR IMPORTATION.— 
With respect to a vehicle imported or offered for importation, the 
term ‘‘new motor vehicle’’ means a motor vehicle manufactured 
after the effective date of a regulation issued under section 
221102 of this title that is applicable to the vehicle (or that would 
be applicable to the vehicle had it been manufactured for importa-
tion into the United States). 
(15) NEW MOTOR VEHICLE ENGINE.— 
(A) IN GENERAL.—Except with respect to an engine imported 
or offered for importation, the term ‘‘new motor vehicle engine’’ 
means— 
(i) an engine in a new motor vehicle; or 
(ii) a motor vehicle engine the equitable or legal title to 
which has never been transferred to an ultimate purchaser. 
(B) ENGINES
IMPORTED
OR
OFFERED
FOR
IMPORTATION.— 
With respect to an engine imported or offered for importation, the 
term ‘‘new motor vehicle engine’’ means an engine manufactured 
after the effective date of a regulation issued under section 
221102 of this title that is applicable to the engine (or that would 
be applicable to the engine had it been manufactured for importa-
tion into the United States). 
(16) NMHC.—The term ‘‘NMHC’’ means nonmethane hydrocarbon. 
(17) NONROAD ENGINE.—The term ‘‘nonroad engine’’ means an in-
ternal combustion engine (including the fuel system) that— 
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(A) is not used in a motor vehicle or a vehicle used solely for 
competition; or 
(B) is not subject to standards promulgated under section 
211111 or 221102 of this title. 
(18) NONROAD VEHICLE.—The term ‘‘nonroad vehicle’’ means a ve-
hicle that— 
(A) is powered by a nonroad engine; and 
(B) is not a motor vehicle or a vehicle used solely for competi-
tion. 
(19) TEST WEIGHT.—The term ‘‘test weight’’, with reference to the 
test weight of a vehicle, means— 
(A)(i) the vehicle curb weight of the vehicle; plus 
(ii) the gross vehicle weight rating of the vehicle; divided by 
(B) 2. 
(20) TW.—The term ‘‘TW’’ means test weight. 
(21) ULTIMATE
PURCHASER.—The term ‘‘ultimate purchaser’’ 
means, with respect to any new motor vehicle or new motor vehicle en-
gine, the 1st person that in good faith purchases the new motor vehicle 
or new engine for purposes other than resale. 
(22) VEHICLE CURB WEIGHT.—The term ‘‘vehicle curb weight’’ has 
the meaning given the term in regulations promulgated by the Adminis-
trator and in effect as of November 15, 1990. 
§ 221102. Emission standards for new motor vehicles or new 
motor vehicle engines 
(a) IN GENERAL.— 
(1) REGULATIONS.— 
(A) IN GENERAL.—The Administrator shall by regulation pre-
scribe (and from time to time revise) standards applicable to the 
emission of any air pollutant from any class or classes of new 
motor vehicles or new motor vehicle engines that, in the Adminis-
trator’s judgment, cause or contribute to air pollution that may 
reasonably be anticipated to endanger public health or welfare. 
(B) APPLICABILITY FOR USEFUL LIFE.—The standards shall be 
applicable to such vehicles and engines for their useful life, wheth-
er the vehicles and engines are designed as complete systems or 
incorporate devices to prevent or control air pollution. 
(C) REGULATIONS.—The Administrator shall prescribe regula-
tions under which the useful life of vehicles and engines shall be 
determined for purposes of this paragraph and section 221107 of 
this title. The regulations shall provide that except where a dif-
ferent useful life period is specified in this subdivision— 
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(i) in the case of light-duty vehicles and light-duty vehicle 
engines and light-duty trucks up to 3,750 pounds loaded vehi-
cle weight and up to 6,000 pounds gross vehicle weight rat-
ing, useful life shall be a period of use of 5 years or 50,000 
miles (or the equivalent), whichever first occurs, except that 
in the case of any requirement of this section where the use-
ful life period is not otherwise specified for light-duty vehicles 
and light-duty vehicle 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 
221107 of this title up to (but not beyond) 7 years or 75,000 
miles (or the equivalent), whichever first occurs; 
(ii) in the case of any other motor vehicle or motor vehicle 
engine (other than motorcycles or motorcycle engines), useful 
life shall be a period of use set forth in clause (i) unless the 
Administrator determines that a period of use of greater du-
ration or mileage is appropriate; and 
(iii) in the case of any motorcycle or motorcycle engine, 
useful life shall be a period of use determined by the Adminis-
trator. 
(2) EFFECTIVE DATE.—Any regulation prescribed under paragraph 
(1) (and any revision thereof) shall take effect after such period as the 
Administrator finds necessary to permit the development and applica-
tion of the requisite technology, giving appropriate consideration to the 
cost of compliance within that period. 
(3) HEAVY-DUTY VEHICLES AND ENGINES.— 
(A) IN GENERAL.— 
(i) GREATEST DEGREE OF EMISSION REDUCTION.—Unless 
the standard is changed as provided in subparagraph (B), 
regulations under paragraph (1) applicable to emissions of 
hydrocarbons, carbon monoxide, nitrogen oxides, and particu-
late matter from classes or categories of heavy-duty vehicles 
or engines shall contain standards that reflect the greatest 
degree of emission reduction achievable through the applica-
tion of technology that the Administrator determines will be 
available for the model year to which the standards apply, 
giving appropriate consideration to cost, energy, and safety 
factors associated with the application of the technology. 
(ii) CLASSES AND CATEGORIES.—In establishing classes or 
categories of vehicles or engines for purposes of regulations 
under this paragraph, the Administrator may base the classes 
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or categories on gross vehicle weight, horsepower, type of fuel 
used, or other appropriate factors. 
(B) REVISED STANDARDS FOR HEAVY-DUTY VEHICLES.— 
(i) IN GENERAL.—On the basis of information available to 
the Administrator concerning the effects of air pollutants 
emitted from heavy-duty vehicles or engines and from other 
sources of mobile source-related pollutants on the public 
health and welfare, and taking costs into account, the Admin-
istrator may promulgate regulations under paragraph (1) re-
vising any standard promulgated under, or before the date of 
enactment of, Public Law 101–549 (104 Stat. 2399) (com-
monly known as the Clean Air Act Amendments of 1990) (or 
previously revised under this subparagraph) and applicable to 
classes or categories of heavy-duty vehicles or engines. 
(ii) NITROGEN OXIDES.—The regulations under paragraph 
(1) applicable to emissions of nitrogen oxides from gasoline- 
fueled heavy-duty vehicles and diesel-fueled heavy-duty vehi-
cles shall contain standards that provide that such emissions 
may not exceed 4.0 grams per brake horsepower hour. 
(C) LEAD TIME AND STABILITY.—Any standard promulgated or 
revised under this paragraph and applicable to classes or cat-
egories of heavy-duty vehicles or engines shall apply for a period 
of not less than 3 model years beginning not earlier than the 
model year commencing 4 years after the revised standard is pro-
mulgated. 
(D) REBUILDING PRACTICES.— 
(i) IN GENERAL.—The Administrator shall study the prac-
tice of rebuilding heavy-duty engines and the impact rebuild-
ing has on engine emissions. On the basis of that study and 
other information available to the Administrator, the Admin-
istrator may prescribe requirements to control rebuilding 
practices, including standards applicable to emissions from 
any rebuilt heavy-duty engines (whether or not the engine is 
past its statutory useful life), that in the Administrator’s 
judgment, cause or contribute to air pollution that may rea-
sonably be anticipated to endanger public health or welfare, 
taking costs into account. 
(ii) EFFECTIVE DATE.—Any regulation shall take effect 
after a period that the Administrator finds necessary to per-
mit the development and application of the requisite control 
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measures, giving appropriate consideration to the cost of com-
pliance within the period and energy and safety factors. 
(E) MOTORCYCLES.—For purposes of this paragraph, motor-
cycles and motorcycle engines shall be treated in the same manner 
as heavy-duty vehicles and engines (except as otherwise permitted 
under section 221106(f) of this title) unless the Administrator 
promulgates a regulation reclassifying motorcycles as light-duty 
vehicles within the meaning of this section or unless the Adminis-
trator promulgates regulations under this subsection applying 
standards applicable to the emission of air pollutants from motor-
cycles as a separate class or category. In any case in which such 
standards are promulgated for such emissions from motorcycles as 
a separate class or category, the Administrator, in promulgating 
the standards, shall consider the need to achieve equivalency of 
emission reductions between motorcycles and other motor vehicles 
to the maximum extent practicable. 
(4) NO CAUSATION OF CONTRIBUTION TO UNREASONABLE RISK TO 
PUBLIC HEALTH OR SAFETY.— 
(A) IN GENERAL.—No emission control device, system, or ele-
ment of design shall be used in a new motor vehicle or new motor 
vehicle engine for purposes of complying with requirements pre-
scribed under this subdivision if the 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. 
(B) CONSIDERATIONS.—In determining whether an unreason-
able risk exists under subparagraph (A), the Administrator shall 
consider, among other factors— 
(i) whether and to what extent the use of any device, sys-
tem, or element of design causes, increases, reduces, or elimi-
nates emissions of any unregulated pollutants; 
(ii) available methods for reducing or eliminating any risk 
to public health, welfare, or safety that may be associated 
with the use of the device, system, or element of design; 
(iii) the availability of other devices, systems, or elements 
of design that may be used to conform to requirements pre-
scribed under this subdivision without causing or contributing 
to the unreasonable risk; and 
(iv) all relevant information developed pursuant to section 
214 of the Clean Air Act (42 U.S.C. 7548) (as in effect be-
fore the repeal of that section). 
(5) FILL PIPE STANDARDS.— 
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(A) DEFINITION OF FILL PIPE.—In this paragraph, the term 
‘‘fill pipe’’ includes a fuel tank fill pipe, fill neck, fill inlet, and 
closure. 
(B) IN GENERAL.—If the Administrator promulgates final regu-
lations that define the degree of control required and the test pro-
cedures by which compliance could be determined for gasoline 
vapor recovery of uncontrolled emissions from the fueling of motor 
vehicles, the Administrator shall, after consultation with the Sec-
retary of Transportation with respect to motor vehicle safety, pre-
scribe, by regulation, fill pipe standards for new motor vehicles to 
ensure effective connection between the fill pipe and any vapor re-
covery system that the Administrator determines may be required 
to comply with the vapor recovery regulations. 
(C) CONSIDERATIONS.—In promulgating standards under sub-
paragraph (B), the Administrator shall take into consideration— 
(i) limits on fill pipe diameter; 
(ii) minimum design criteria for nozzle retainer lips; 
(iii) limits on the location of the unleaded fuel restrictors; 
(iv) a minimum access zone surrounding a fill pipe; 
(v) a minimum pipe or nozzle insertion angle; and 
(vi) such other factors as the Administrator considers perti-
nent. 
(D) EFFECTIVE
DATE.—Regulations prescribing standards 
under subparagraph (B) shall not become effective until the intro-
duction of the model year for which it would be feasible to imple-
ment the standards, taking into consideration the restraints of an 
adequate leadtime for design and production. 
(E) EFFECT
OF
PARAGRAPH.—Nothing in this paragraph 
shall— 
(i) prevent the Administrator from specifying different noz-
zle and fill neck sizes for gasoline with additives and gasoline 
without additives; or 
(ii) permit the Administrator to require a specific location, 
configuration, modeling, or styling of a motor vehicle body 
with respect to the fuel tank fill neck or fill nozzle clearance 
envelope. 
(6) ONBOARD VAPOR RECOVERY.— 
(A) IN
GENERAL.—After consultation with the Secretary of 
Transportation regarding the safety of vehicle-based (‘‘onboard’’) 
systems for the control of vehicle refueling emissions, the Adminis-
trator shall promulgate standards under this section requiring that 
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new light-duty vehicles manufactured beginning in the 4th model 
year after the model year in which the standards are promulgated 
and thereafter shall be equipped with onboard vapor recovery sys-
tems. 
(B) IMPLEMENTATION
SCHEDULE.—Beginning with the 4th 
model year after the model year in which the standards are pro-
mulgated, the standards required under this paragraph shall apply 
to the following percentages of each manufacturer’s fleet of new 
light-duty vehicles: 
IMPLEMENTATION SCHEDULE FOR ONBOARD VAPOR RECOVERY REQUIREMENTS 
Model year commencing after 
standards promulgated 
Percentage* 
4th .........................................................................................................................................
5th .........................................................................................................................................
After 5th ................................................................................................................................
100 
*Percentages in the table refer to a percentage of the manufacturer’s sales volume. 
(C) MINIMUM EVAPORATIVE EMISSION CAPTURE EFFICIENCY.— 
The standards required under this paragraph shall require that 
onboard vapor recovery systems provide a minimum evaporative 
emission capture efficiency of 95 percent. 
(D) OTHER
REQUIREMENTS.—The requirements of section 
215203(b)(4) of this title for areas classified under section 
215202 of this title as a moderate area for ozone shall not apply 
after promulgation of standards under this paragraph, and the 
Administrator may, by regulation, revise or waive the application 
of the requirements of section 215203(b)(4) of this title for areas 
classified under section 215202 of this title as a serious area, se-
vere area, or extreme area for ozone, as appropriate, after such 
time as the Administrator determines that onboard emission con-
trol systems required under this paragraph are in widespread use 
throughout the motor vehicle fleet. 
(b) CARBON MONOXIDE, HYDROCARBONS, AND NITROGEN OXIDES.— 
(1) IN GENERAL.— 
(A) CARBON MONOXIDE AND HYDROCARBONS.— 
(i) HYDROCARBONS.—The regulations under subsection (a) 
applicable to emissions of hydrocarbons from light-duty vehi-
cles and engines shall contain standards that require a reduc-
tion of at least 90 percent from emissions of hydrocarbons al-
lowable under the standards under this section applicable to 
light-duty vehicles and engines manufactured in model year 
1970. 
(ii) CARBON
MONOXIDE.—Unless waived as provided in 
paragraph (2), the regulations under subsection (a) applicable 
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