377 
(C) HEARING.—If the manufacturer disagrees with a deter-
mination of nonconformity and so advises the Administrator, the 
Administrator shall afford the manufacturer and other interested 
persons an opportunity to present their views and evidence in sup-
port thereof at a public hearing. 
(D) ORDER.—Unless, as a result of a hearing, the Adminis-
trator withdraws the determination of nonconformity, the Adminis-
trator shall, within 60 days after the completion of the hearing, 
order the manufacturer to provide prompt notification of the non-
conformity in accordance with paragraph (3). 
(3) NOTIFICATION OF DEALERS, ULTIMATE PURCHASERS, AND SUB-
SEQUENT PURCHASERS.—Any notification required by paragraph (2) 
with respect to any class or category of vehicles or engines shall be 
given to dealers, ultimate purchasers, and subsequent purchasers (if 
known) in such manner and containing such information as the Admin-
istrator may by regulation require. 
(4) INSTRUCTIONS.— 
(A) IN GENERAL.—A manufacturer shall furnish with each new 
motor vehicle or motor vehicle engine written instructions for the 
proper maintenance and use of the vehicle or engine by the ulti-
mate purchaser, and the instructions shall correspond to regula-
tions that the Administrator shall promulgate. The manufacturer 
shall provide in boldface type on the 1st page of the written main-
tenance instructions notice that maintenance, replacement, or re-
pair of the emission control devices and systems may be performed 
by any automotive repair establishment or individual using any 
automotive part that has been certified as provided in subsection 
(b)(2). 
(B) NO CONDITIONS.— 
(i) IN GENERAL.—The instruction under subparagraph (A) 
shall not include— 
(I) any condition on the ultimate purchaser’s using, in 
connection with the vehicle or engine, any component or 
service (other than a component or service provided with-
out charge under the terms of the purchase agreement) 
that is identified by brand, trade, or corporate name; or 
(II) any condition directly or indirectly distinguishing 
between— 
(aa) service performed by the franchised dealers 
of the manufacturer or any other service establish-
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ments with which the manufacturer has a commer-
cial relationship; and 
(bb) service performed by independent automotive 
repair facilities with which the manufacturer has no 
commercial relationship. 
(ii) WAIVER.—The prohibition of this subparagraph may be 
waived by the Administrator if— 
(I) the manufacturer satisfies the Administrator that 
the vehicle or engine will function properly only if the 
component or service identified by brand, trade, or cor-
porate name is used in connection with the vehicle or en-
gine; and 
(II) the Administrator finds that such a waiver is in 
the public interest. 
(C) LABEL OR TAG.—The manufacturer shall indicate by means 
of a label or tag permanently affixed to the vehicle or engine that 
the vehicle or engine is covered by a certificate of conformity 
issued for the purpose of ensuring achievement of emission stand-
ards prescribed under section 221102 of this title. The label or tag 
shall contain such other information relating to control of motor 
vehicle emissions as the Administrator shall prescribe by regula-
tion. 
(5) IN-USE STANDARDS.— 
(A) LIGHT-DUTY TRUCKS OF UP TO 6,000 POUNDS.—For pur-
poses of applying this subsection, in the case of 100 percent of 
each manufacturer’s sales volume of light-duty trucks of up to 
6,000 pounds gross vehicle weight rating and light-duty vehicles, 
the standards for nonmethane hydrocarbons, carbon monoxide, 
and nitrogen oxides shall be as provided in table G in section 
221102(f)(1) of this title, except that in applying the standards 
set forth in table G for purposes of determining compliance with 
this subsection, the applicable useful life shall be— 
(i) 5 years or 50,000 miles (or the equivalent), whichever 
first occurs, in the case of standards applicable for purposes 
of certification at 50,000 miles; and 
(ii) 10 years or 100,000 miles (or the equivalent), which-
ever first occurs, in the case of standards applicable for pur-
poses of certification at 100,000 miles; 
except that no testing shall be done beyond 7 years or 75,000 
miles (or the equivalent), whichever first occurs. 
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(B) LIGHT-DUTY TRUCKS OF MORE THAN 6,000 POUNDS.—For 
purposes of applying this subsection, in the case of 100 percent 
of each manufacturer’s sales volume of light-duty trucks of more 
than 6,000 pounds gross vehicle weight rating, the standards for 
nonmethane hydrocarbons, carbon monoxide, and nitrogen oxides 
shall be as provided in table H in section 221102(g) of this title, 
except that in applying the standards set forth in table H for pur-
poses of determining compliance with this subsection, the applica-
ble useful life shall be— 
(i) 5 years or 50,000 miles (or the equivalent), whichever 
first occurs, in the case of standards applicable for purposes 
of certification at 50,000 miles; and 
(ii) 11 years or 120,000 miles (or the equivalent), which-
ever first occurs, in the case of standards applicable for pur-
poses of certification at 120,000 miles; 
except that no testing shall be done beyond 7 years or 90,000 
miles (or the equivalent), whichever first occurs. 
(6) DIESEL VEHICLES; IN-USE USEFUL LIFE AND TESTING.— 
(A) DIESEL-FUELED
LIGHT-DUTY
TRUCKS
OF
UP
TO
6,000 
POUNDS.—In the case of diesel-fueled light-duty trucks up to 
6,000 pounds gross vehicle weight rating and light-duty vehicles, 
the useful life for purposes of determining in-use compliance with 
the standards under section 221102(f) of this title for nitrogen ox-
ides shall be a period of 10 years or 100,000 miles (or the equiva-
lent), whichever first occurs, in the case of standards applicable 
for purposes of certification at 100,000 miles, except that testing 
shall not be done for a period beyond 7 years or 75,000 miles (or 
the equivalent), whichever first occurs. 
(B) DIESEL-FUELED LIGHT-DUTY TRUCKS OF MORE THAN 6,000 
POUNDS.—In the case of diesel-fueled light-duty trucks of 6,000 
pounds gross vehicle weight rating or more, the useful life for pur-
poses of determining in-use compliance with the standards under 
section 221102(g) of this title for nitrogen oxides shall be a period 
of 11 years or 120,000 miles (or the equivalent), whichever first 
occurs, in the case of standards applicable for purposes of certifi-
cation at 120,000 miles, except that testing shall not be done for 
a period beyond 7 years or 90,000 miles (or the equivalent) which-
ever first occurs. 
(e) DEALER COSTS BORNE BY MANUFACTURER.—Any cost obligation of 
any dealer incurred as a result of any requirement imposed by subsection 
(b), (c), or (d) shall be borne by the manufacturer. The transfer of any such 
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cost obligation from a manufacturer to any dealer through franchise or 
other agreement is prohibited. 
(f) COST STATEMENT.—If a manufacturer includes in any advertisement 
a statement respecting the cost or value of emission control devices or sys-
tems, the manufacturer shall set forth in the statement the cost or value 
attributed to those devices or systems by the Secretary of Labor (through 
the Bureau of Labor Statistics). The Secretary of Labor, and the Sec-
retary’s representatives, shall have the same access for this purpose to the 
records of a manufacturer as the Comptroller General has to those of a re-
cipient of assistance for purposes of section 209105 of this title. 
(g) INSPECTION AFTER SALE TO ULTIMATE PURCHASER.—Any inspec-
tion of a motor vehicle or a motor vehicle engine for purposes of subsection 
(d)(2), after its sale to an ultimate purchaser, shall be made only if the 
owner of the vehicle or engine voluntarily permits such an inspection to be 
made, except as may be provided by any State or local inspection program. 
(h) REPLACEMENT AND MAINTENANCE COSTS BORNE BY OWNER.—For 
the purposes of this section, the owner of any motor vehicle or motor vehicle 
engine warranted under this section is responsible in the proper mainte-
nance of the vehicle or engine to replace and to maintain, at the owner’s 
expense at any service establishment or facility of the owner’s choosing, 
such items as spark plugs, points, condensers, and any other part, item, or 
device related to emission control (but not designed for emission control 
under the terms of subsection (b)(3)(A)), unless the part, item, or device 
is covered by any warranty not mandated by this division. 
(i) REMEDIATION OF NONCONFORMITY; TESTING.— 
(1) REMEDIATION OF NONCONFORMITY.—If at any time during the 
period for which the warranty applies under subsection (c), a motor ve-
hicle fails to conform to the applicable regulations under section 
221102 of this title as determined under subsection (c), the noncon-
formity shall be remedied by the manufacturer at the cost of the manu-
facturer pursuant to the warranty as provided in subparagraph (B) of 
subsection (c)(3) (without regard to clause (iii) of that subparagraph). 
(2) TESTING.—Nothing in section 221109(a) of this title shall be 
construed to prohibit a State from testing, or requiring testing of, a 
motor vehicle after the date of sale of the vehicle to an ultimate pur-
chaser (except that no new motor vehicle manufacturer or dealer may 
be required to conduct testing under this paragraph). 
(j) EFFECT OF DIVISION.—Nothing in this division shall be construed to 
provide that any part other than a part described in subsection (a)(1) shall 
be required to be warranted under this division for the period of 8 years 
or 80,000 miles described in subsection (a)(3)(B). 
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§ 221108. Information collection 
(a) MANUFACTURER’S RESPONSIBILITY.—Every manufacturer of new 
motor vehicles or new motor vehicle engines, every manufacturer of new 
motor vehicle or engine parts or components, and every other person subject 
to the requirements of this chapter or chapter 225 shall— 
(1) establish and maintain records, perform tests where such testing 
is not otherwise reasonably available under this chapter and chapter 
225 (including fees for testing), make reports, and provide information 
that the Administrator may reasonably require to determine whether 
the manufacturer or other person has acted or is acting in compliance 
with this chapter and chapter 225 (including regulations thereunder, 
or to otherwise carry out this chapter and chapter 225; and 
(2) on request of an officer or employee duly designated by the Ad-
ministrator, permit the officer or employee at reasonable times to have 
access to and copy such records. 
(b) ENFORCEMENT AUTHORITY.—For the purposes of enforcement of 
this section, officers or employees duly designated by the Administrator on 
presenting appropriate credentials may— 
(1) enter, at reasonable times, any establishment of a manufacturer, 
or of any person that a manufacturer engages to perform any activity 
required by subsection (a), for the purposes of inspecting or observing 
any activity conducted pursuant to subsection (a); and 
(2) inspect records, processes, controls, and facilities used in per-
forming any activity required by subsection (a), by the manufacturer 
or by any person that the manufacturer engages to perform any such 
activity. 
(c) AVAILABILITY TO PUBLIC; TRADE SECRETS.—Any records, reports, 
or information obtained under this chapter or chapter 225 shall be available 
to the public, except that on a showing satisfactory to the Administrator 
by any person that records, reports, or information, or a particular portion 
thereof (other than emission data), to which the Administrator has access 
under this section, if made public, would divulge methods or processes enti-
tled to protection as trade secrets of that person, the Administrator shall 
consider the record, report, or information or particular portion thereof con-
fidential in accordance with section 1905 of title 18. Any authorized rep-
resentative of the Administrator shall be considered an employee of the 
United States for purposes of section 1905 of title 18. 
(d) EFFECT OF SECTION.—Nothing in this section prohibits the Adminis-
trator or authorized representative of the Administrator from disclosing 
records, reports, or information to other officers, employees, or authorized 
representatives of the United States concerned with carrying out this divi-
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382 
sion or when relevant in any proceeding under this division. Nothing in this 
section authorizes the withholding of information by the Administrator or 
any officer or employee under the Administrator’s control from the duly au-
thorized committees of Congress. 
§ 221109. State standards 
(a) PROHIBITIONS.— 
(1) STANDARDS.—No State or any political subdivision thereof shall 
adopt or attempt to enforce any standard relating to the control of 
emissions from new motor vehicles or new motor vehicle engines subject 
to this chapter. 
(2) APPROVAL.—No State shall require certification, inspection, or 
any other approval relating to the control of emissions from any new 
motor vehicle or new motor vehicle engine as a condition precedent to 
the initial retail sale, titling (if any), or registration of the motor vehi-
cle, motor vehicle engine, or equipment. 
(b) WAIVER.— 
(1) IN GENERAL.—The Administrator shall, after notice and oppor-
tunity for public hearing, waive application of this section to any State 
that adopted standards (other than crankcase emission standards) for 
the control of emissions from new motor vehicles or new motor vehicle 
engines prior to March 30, 1966, if the State determines that the State 
standards will be, in the aggregate, at least as protective of public 
health and welfare as applicable Federal standards. 
(2) LIMITATION.—No such waiver shall be granted if the Adminis-
trator finds that— 
(A) the determination of the State is arbitrary and capricious; 
(B) the State does not need such State standards to meet com-
pelling and extraordinary conditions; or 
(C) the State standards and accompanying enforcement proce-
dures are not consistent with section 221102(a) of this title. 
(3) PROTECTIVENESS.—If each State standard is at least as strin-
gent as the comparable applicable Federal standard, the State standard 
shall be deemed to be at least as protective of health and welfare as 
the Federal standards for purposes of paragraphs (1) and (2). 
(4) TREATMENT AS COMPLIANCE WITH FEDERAL STANDARDS.—In 
the case of any new motor vehicle or new motor vehicle engine to which 
State standards apply pursuant to a waiver granted under paragraph 
(1), compliance with the State standards shall be treated as compliance 
with applicable Federal standards for purposes of this subdivision. 
(c) CERTIFICATION OF VEHICLE PARTS OR ENGINE PARTS.— 
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(1) IN GENERAL.—Whenever a regulation with respect to any motor 
vehicle part or motor vehicle engine part is in effect under section 
221107(b)(2) of this title, no State or political subdivision thereof shall 
adopt or attempt to enforce any standard or any requirement of certifi-
cation, inspection, or approval that relates to motor vehicle emissions 
and is applicable to the same aspect of that part. 
(2) APPLICABILITY.—Paragraph (1) shall not apply in the case of 
a State with respect to which a waiver is in effect under subsection (b). 
(d) CONTROL, REGULATION, OR RESTRICTIONS ON REGISTERED OR LI-
CENSED MOTOR VEHICLES.—Nothing in this chapter precludes or denies to 
any State or political subdivision thereof the right otherwise to control, reg-
ulate, or restrict the use, operation, or movement of registered or licensed 
motor vehicles. 
(e) NONROAD ENGINES OR VEHICLES.— 
(1) PROHIBITION OF CERTAIN STATE STANDARDS.— 
(A) IN GENERAL.—No State or any political subdivision thereof 
shall adopt or attempt to enforce any standard or other require-
ment relating to the control of emissions from either of the fol-
lowing new nonroad engines or nonroad vehicles subject to regula-
tion under this division: 
(i) New engines that— 
(I) are used in construction equipment or vehicles or 
used in farm equipment or vehicles; and 
(II) are smaller than 175 horsepower. 
(ii) New locomotives or new engines used in locomotives. 
(B) NO WAIVER.—Subsection (b) shall not apply for purposes 
of this paragraph. 
(2) OTHER NONROAD ENGINES OR VEHICLES.— 
(A) CALIFORNIA.—In the case of any nonroad vehicles or en-
gines other than those described to in clause (i) or (ii) of para-
graph (1)(A), the Administrator shall, after notice and opportunity 
for public hearing, authorize California to adopt and enforce 
standards and other requirements relating to the control of emis-
sions from such vehicles or engines if California determines that 
California standards will be, in the aggregate, at least as protec-
tive of public health and welfare as applicable Federal standards. 
No such authorization shall be granted if the Administrator finds 
that— 
(i) the determination of California is arbitrary and capri-
cious; 
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(ii) California does not need such California standards to 
meet compelling and extraordinary conditions; or 
(iii) California standards and accompanying enforcement 
procedures are not consistent with this section. 
(B) OTHER STATES.—Any State other than California that has 
plan provisions approved under chapter 215 may adopt and en-
force, after notice to the Administrator, for any period, standards 
relating to control of emissions from nonroad vehicles or engines 
(other than those described in clause (i) or (ii) of paragraph 
(1)(A)) and take such other actions as are described in subpara-
graph (A) of this paragraph respecting such vehicles or engines 
if— 
(i) the standards and implementation and enforcement are 
identical, for the period concerned, to the California stand-
ards authorized by the Administrator under subparagraph 
(A); and 
(ii) California and that State adopt the standards at least 
2 years before commencement of the period for which the 
standards take effect. 
(3) REGULATIONS.—The Administrator shall issue regulations to im-
plement this subsection. 
§ 221110. State grants 
(a) IN GENERAL.—The Administrator may make grants to appropriate 
State agencies in an amount up to 2⁄3 of the cost of developing and main-
taining effective vehicle emission devices and systems inspection and emis-
sion testing and control programs. 
(b) LIMITATIONS.—No grant under subsection (a) shall be made— 
(1) for any part of any State vehicle inspection program that does 
not directly relate to the cost of the air pollution control aspects of 
such a program; 
(2) unless the Secretary of Transportation has certified to the Ad-
ministrator that the program is consistent with any highway safety pro-
gram developed pursuant to section 402 of title 23; and 
(3) unless the program includes provisions designed to ensure that 
emission control devices and systems on vehicles in actual use have not 
been discontinued or rendered inoperative. 
(c) REIMBURSEMENT.—Grants may be made under this section by way 
of reimbursement in any case in which amounts have been expended by the 
State before the date on which any such grant was made. 
§ 221111. Regulation of fuels 
(a) DEFINITIONS.—In this section: 
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(1) MANUFACTURE.—The term ‘‘manufacture’’ includes importation. 
(2) MANUFACTURER.—The term ‘‘manufacturer’’ includes an im-
porter. 
(b) AUTHORITY OF ADMINISTRATOR TO REGULATE.—The Administrator 
may by regulation designate any fuel or fuel additive (including any fuel or 
fuel additive used exclusively in nonroad engines or nonroad vehicles) and, 
after such date or dates as the Administrator may prescribe, no manufac-
turer or processor of any such fuel or additive may sell, offer for sale, or 
introduce into commerce that fuel or additive unless the Administrator has 
registered the fuel or additive in accordance with subsection (c). 
(c) REGISTRATION REQUIREMENT.— 
(1) NOTIFICATION TO THE ADMINISTRATOR.—For the purpose of 
registration of fuels and fuel additives, the Administrator shall— 
(A) require the manufacturer of any fuel to notify the Adminis-
trator of— 
(i) the commercial identifying name and manufacturer of 
any additive contained in the fuel; 
(ii) the range of concentration of any additive in the fuel; 
and 
(iii) the purpose-in-use of any such additive; and 
(B) require the manufacturer of any additive to notify the Ad-
ministrator as to the chemical composition of the additive. 
(2) TESTS; FURNISHING OF INFORMATION.— 
(A) IN GENERAL.—For the purpose of registration of fuels and 
fuel additives, the Administrator shall, on a regular basis, require 
the manufacturer of any fuel or fuel additive— 
(i) to conduct tests to determine potential public health and 
environmental effects of the fuel or additive (including car-
cinogenic, teratogenic, or mutagenic effects); and 
(ii) to furnish— 
(I) the description of any analytical technique that can 
be used to detect and measure any additive in the fuel; 
(II) the recommended range of concentration of the 
additive; 
(III) the recommended purpose-in-use of the additive; 
and 
(IV) such other information as is reasonable and nec-
essary to determine— 
(aa) the emissions resulting from the use of the 
fuel or additive contained in the fuel; 
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(bb) the effect of the fuel or additive on the emis-
sion control performance of any vehicle, vehicle en-
gine, nonroad engine, or nonroad vehicle; or 
(cc) the extent to which such emissions affect the 
public health or welfare. 
(B) TEST
PROCEDURES
AND
PROTOCOLS; NO
CONFIDEN-
TIALITY.—Tests under subparagraph (A)(i) shall be conducted in 
conformity with test procedures and protocols established by the 
Administrator. The result of such tests shall not be considered 
confidential. 
(3) REGISTRATION.—On compliance with this subsection, including 
assurances that the Administrator will receive changes in the informa-
tion required, the Administrator shall register the fuel or fuel additive. 
(d) CONTROL OR PROHIBITION OF FUELS AND FUEL ADDITIVES.— 
(1) IN GENERAL.—The Administrator may, from time to time on the 
basis of information obtained under subsection (c) or other information 
available to the Administrator, by regulation, control or prohibit the 
manufacture, introduction into commerce, offering for sale, or sale of 
any fuel or fuel additive for use in a motor vehicle, motor vehicle en-
gine, or nonroad engine or nonroad vehicle if— 
(A) in the judgment of the Administrator, any fuel or fuel addi-
tive or any emission product of the fuel or fuel additive causes, 
or contributes to, air pollution or water pollution (including any 
degradation in the quality of groundwater) that may reasonably be 
anticipated to endanger the public health or welfare; or 
(B) emission products of the fuel or fuel additive will impair to 
a significant degree the performance of any emission control device 
or system that is in general use, or that the Administrator finds 
has been developed to a point where in a reasonable time it would 
be in general use were such a regulation to be promulgated. 
(2) REQUIREMENTS FOR CONTROL OR PROHIBITION.— 
(A) CAUSATION OF OR CONTRIBUTION TO AIR POLLUTION.—No 
fuel, class of fuels, or fuel additive may be controlled or prohibited 
by the Administrator under paragraph (1)(A) except after consid-
eration of all relevant medical and scientific evidence available to 
the Administrator, including consideration of other technologically 
or economically feasible means of achieving emission standards 
under section 221102 of this title. 
(B) IMPAIRMENT OF PERFORMANCE OF EMISSION CONTROL DE-
VICE OR SYSTEM.— 
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(i) IN GENERAL.—No fuel or fuel additive may be con-
trolled or prohibited by the Administrator under paragraph 
(1)(B) except after consideration of available scientific and 
economic data, including a cost benefit analysis comparing— 
(I) emission control devices or systems that are or will 
be in general use and require the proposed control or 
prohibition; with 
(II) emission control devices or systems that are or 
will be in general use and do not require the proposed 
control or prohibition. 
(ii) HEARING; FINDINGS.—On request of a manufacturer of 
motor vehicles, motor vehicle engines, fuels, or fuel additives 
that is submitted within 10 days of notice of proposed rule-
making, the Administrator shall hold a public hearing and 
publish findings with respect to any matter that the Adminis-
trator is required to consider under this subparagraph. Such 
findings shall be published at the time of promulgation of 
final regulations. 
(C) OTHER FUELS AND FUEL ADDITIVES.—No fuel or fuel addi-
tive may be prohibited by the Administrator under paragraph (1) 
unless the Administrator finds, and publishes the finding, that in 
the Administrator’s judgment, such a prohibition will not cause 
the use of any other fuel or fuel additive that will produce emis-
sions that will endanger the public health or welfare to the same 
degree as or a greater degree than the use of the fuel or fuel addi-
tive proposed to be prohibited. 
(3) EVIDENCE AND DATA.— 
(A) IN GENERAL.—For the purpose of obtaining evidence and 
data to carry out paragraph (2), the Administrator may require 
the manufacturer of any motor vehicle or motor vehicle engine to 
furnish any information that has been developed concerning the 
emissions from motor vehicles resulting from the use of any fuel 
or fuel additive, or the effect of such use on the performance of 
any emission control device or system. 
(B) SUBPOENAS.—In obtaining information under subpara-
graph (A), section 203102(a) of this title shall be applicable. 
(4) LIMITATION ON STATE CONTROL OR PROHIBITION.— 
(A) IN GENERAL.—Except as otherwise provided in subpara-
graph (B) or (C), no State (or political subdivision thereof) may 
prescribe or attempt to enforce, for purposes of motor vehicle 
emission control, any control or prohibition respecting any char-
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acteristic or component of a fuel or fuel additive in a motor vehicle 
or motor vehicle engine— 
(i) if the Administrator has found that no control or prohi-
bition of the characteristic or component of a fuel or fuel ad-
ditive under paragraph (1) is necessary and has published the 
finding in the Federal Register; or 
(ii) if the Administrator has prescribed under paragraph 
(1) a control or prohibition applicable to the characteristic or 
component of a fuel or fuel additive, unless State prohibition 
or control is identical to the prohibition or control prescribed 
by the Administrator. 
(B) STATES WITH WAIVERS.—Any State for which application 
of section 221109(a) of this title has at any time been waived 
under section 221109 of this title may at any time prescribe and 
enforce, for the purpose of motor vehicle emission control, a con-
trol or prohibition respecting any fuel or fuel additive. 
(C) IMPLEMENTATION PLANS.— 
(i) IN GENERAL.—A State may prescribe and enforce, for 
purposes of motor vehicle emission control, a control or prohi-
bition respecting the use of a fuel or fuel additive in a motor 
vehicle or motor vehicle engine if an applicable implementa-
tion plan for the State under section 211110 of this title so 
provides. The Administrator may approve such a provision in 
an implementation plan, or promulgate an implementation 
plan containing such a provision, only if the Administrator 
finds that the State control or prohibition is necessary to 
achieve the primary or secondary NAAQS that the plan im-
plements. The Administrator may find that a State control or 
prohibition is necessary to achieve that standard if no other 
measures that would bring about timely attainment exist, or 
if other measures exist and are technically possible to imple-
ment, but are unreasonable or impracticable. The Adminis-
trator may make a finding of necessity under this subpara-
graph even if the plan for the area does not contain an ap-
proved demonstration of timely attainment. 
(ii) TEMPORARY WAIVER.—The Administrator may tempo-
rarily waive a control or prohibition respecting the use of a 
fuel or fuel additive required or regulated by the Adminis-
trator pursuant to this subsection or subsection (h), (i), (m), 
or (n) or prescribed in an applicable implementation plan 
under section 211110 of this title approved by the Adminis-
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trator under clause (i) if, after consultation with, and concur-
rence by, the Secretary of Energy, the Administrator deter-
mines that— 
(I) extreme and unusual fuel or fuel additive supply 
circumstances exist in a State or region of the Nation 
that prevent the distribution of an adequate supply of 
the fuel or fuel additive to consumers; 
(II) the extreme and unusual fuel and fuel additive 
supply circumstances are the result of a natural disaster, 
an Act of God, a pipeline or refinery equipment failure, 
or another event that could not reasonably have been 
foreseen or prevented and not the lack of prudent plan-
ning on the part of the suppliers of the fuel or fuel addi-
tive to the State or region; and 
(III) it is in the public interest to grant the waiver, 
such as when a waiver is necessary to meet projected 
temporary shortfalls in the supply of the fuel or fuel ad-
ditive in a State or region of the Nation that cannot oth-
erwise be compensated for. 
(iii) ADDITIONAL
REQUIREMENTS.—If the Administrator 
makes the determinations described in clause (ii), a tem-
porary extreme and unusual fuel and fuel additive supply cir-
cumstances waiver shall be permitted only if— 
(I) the waiver applies to the smallest geographic area 
necessary to address the extreme and unusual fuel and 
fuel additive supply circumstances; 
(II) the waiver is effective for a period of 20 calendar 
days or, if the Administrator determines that a shorter 
waiver period is adequate, for the shortest practicable 
time period necessary to permit the correction of the ex-
treme and unusual fuel and fuel additive supply cir-
cumstances and to mitigate impact on air quality; 
(III) the waiver permits a transitional period, the 
exact duration of which shall be determined by the Ad-
ministrator (but which shall be for the shortest prac-
ticable period), after the termination of the temporary 
waiver to permit wholesalers and retailers to blend down 
their wholesale and retail inventory; 
(IV) the waiver applies to all persons in the motor fuel 
distribution system (as defined by the Administrator 
through rulemaking); and 
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(V) the Administrator has given public notice to all 
parties in the motor fuel distribution system, and local 
and State regulators, in the State or region to be covered 
by the waiver. 
(iv) REGULATIONS.—The Administrator shall promulgate 
regulations to implement clauses (ii) and (iii). 
(v) EFFECT OF SUBPARAGRAPH.—Nothing in this subpara-
graph shall— 
(I) limit or otherwise affect the application of any 
other waiver authority of the Administrator pursuant to 
this section (including a regulation promulgated pursu-
ant to this section); or 
(II) subject any State or person to an enforcement ac-
tion, penalties, or liability solely arising from actions 
taken pursuant to the issuance of a waiver under this 
subparagraph. 
(vi) LIMITATION.— 
(I) IN GENERAL.—The Administrator shall have no 
authority, when considering a State implementation plan 
or a State implementation plan revision, to approve 
under this paragraph any fuel included in the plan or re-
vision if the effect of the approval would be to increase 
the total number of fuels approved under this paragraph 
as of September 1, 2004, in all State implementation 
plans. 
(II) LIST OF APPROVED FUELS.—The Administrator, 
in consultation with the Secretary of Energy, shall deter-
mine the total number of fuels approved under this para-
graph as of September 1, 2004, in all State implementa-
tion plans and shall publish a list of such fuels, including 
the States and Petroleum Administration for Defense 
Districts in which the fuels are used, in the Federal Reg-
ister for public review and comment. 
(III) REMOVAL FROM LIST.—The Administrator shall 
remove a fuel from the list published under subclause 
(II) if a fuel ceases to be included in a State implemen-
tation plan or if a fuel in a State implementation plan 
is identical to a Federal fuel formulation implemented by 
the Administrator, but the Administrator shall not re-
duce the total number of fuels authorized under the list 
published under subclause (II). 
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(IV) NEW FUELS.— 
(aa) IN GENERAL.—Subclause (I) shall not limit 
the Administrator’s authority to approve a control 
or prohibition respecting any new fuel under this 
paragraph in a State implementation plan or revi-
sion to a State implementation plan if the new 
fuel— 
(AA) completely replaces a fuel on the list 
published under subclause (II); or 
(BB) does not increase the total number of 
fuels on the list published under subclause (II) 
as of September 1, 2004. 
(bb) LOWER NUMBER OF FUELS ON LIST.—If the 
total number of fuels on the list published under 
subclause (II) at the time of the Administrator’s 
consideration of a control or prohibition respecting 
a new fuel is lower than the total number of fuels 
on such list as of September 1, 2004, the Adminis-
trator may approve a control or prohibition respect-
ing a new fuel under this subclause if the Adminis-
trator, after consultation with the Secretary of En-
ergy, publishes in the Federal Register after notice 
and comment a finding that, in the Administrator’s 
judgment, the control or prohibition respecting a 
new fuel will not cause fuel supply or distribution 
interruptions or have a significant adverse impact 
on fuel producibility in the affected area or contig-
uous areas. 
(V) FURTHER LIMITATION.—The Administrator shall 
have no authority under this paragraph, when consid-
ering any particular State’s implementation plan or a re-
vision to that State’s implementation plan, to approve 
any fuel unless that fuel was, as of the date of such con-
sideration, approved in at least 1 State implementation 
plan in the applicable Petroleum Administration for De-
fense District. However, the Administrator may approve 
as part of a State implementation plan or State imple-
mentation plan revision a fuel with a summertime Reid 
vapor pressure of 7.0 per square inch. In no event shall 
such approval by the Administrator cause an increase in 
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the total number of fuels on the list published under sub-
clause (II). 
(VI) EFFECT
OF
CLAUSE.—Nothing in this clause 
shall be construed to have any effect regarding any avail-
able authority of States to require the use of any fuel ad-
ditive registered in accordance with subsection (c). 
(e) TESTING OF FUELS AND FUEL ADDITIVES.— 
(1) REGULATIONS.—After notice and opportunity for a public hear-
ing, the Administrator shall promulgate regulations that implement the 
authority under clauses (i) and (ii) of subsection (c)(2)(A) with respect 
to each fuel or fuel additive that is registered on the date of promulga-
tion of the regulations and with respect to each fuel or fuel additive 
for which an application for registration is filed thereafter. 
(2) PROVISION OF INFORMATION.—Regulations under subsection (c) 
to carry out this subsection shall require that the requisite information 
be provided to the Administrator by each manufacturer— 
(A) prior to registration, in the case of any fuel or fuel additive 
that is not registered on the date of promulgation of such regula-
tions; or 
(B) not later than 3 years after the date of promulgation of 
such regulations, in the case of any fuel or fuel additive that is 
registered on that date. 
(3) EXEMPTIONS; COST SHARING.—In promulgating the regulations, 
the Administrator may— 
(A) exempt any small business (as defined in the regulations) 
from, or defer or modify the requirements of, the regulations with 
respect to any small business; 
(B) provide for cost sharing with respect to the testing of any 
fuel or fuel additive that is manufactured or processed by 2 or 
more persons or otherwise provide for shared responsibility to 
meet the requirements of this section without duplication; or 
(C) exempt any person from the regulations with respect to a 
particular fuel or fuel additive on a finding that any additional 
testing of that fuel or fuel additive would be duplicative of ade-
quate existing testing. 
(f) NEW FUELS AND FUEL ADDITIVES.— 
(1) FUELS AND FUEL ADDITIVES.— 
(A) FUELS AND FUEL ADDITIVES FOR GENERAL USE IN LIGHT- 
DUTY
MOTOR
VEHICLES
MANUFACTURED
AFTER
MODEL
YEAR 
1974.—It shall be unlawful for any manufacturer of any fuel or 
fuel additive to first introduce into commerce, or to increase the 
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393 
concentration in use of, any fuel or fuel additive for general use 
in light-duty motor vehicles manufactured after model year 1974 
that is not substantially similar to any fuel or fuel additive utilized 
in the certification of any model year 1975, or subsequent model 
year, vehicle or engine under section 221106 of this title. 
(B) FUELS AND FUEL ADDITIVES FOR USE BY ANY PERSON IN 
MOTOR VEHICLES MANUFACTURED AFTER MODEL YEAR 1974.—It 
shall be unlawful for any manufacturer of any fuel or fuel additive 
to first introduce into commerce, or to increase the concentration 
in use of, any fuel or fuel additive for use by any person in motor 
vehicles manufactured after model year 1974 that is not substan-
tially similar to any fuel or fuel additive utilized in the certifi-
cation of any model year 1975, or subsequent model year, vehicle 
or engine under section 221106 of this title. 
(2) GASOLINE CONTAINING MANGANESE.—It shall be unlawful for 
any manufacturer of any fuel to introduce into commerce any gasoline 
that contains a concentration of manganese in excess of .0625 grams 
per gallon of fuel, except as otherwise provided pursuant to a waiver 
under paragraph (3). 
(3) WAIVER.—The Administrator, on application of any manufac-
turer of any fuel or fuel additive, may waive the prohibitions estab-
lished under paragraph (1) or the limitation specified in paragraph (2) 
if the Administrator determines that the applicant has established that 
the fuel or fuel additive or a specified concentration thereof, and the 
emission products of the fuel or additive or specified concentration 
thereof, will not cause or contribute to a failure of any emission control 
device or system (over the useful life of any motor vehicle, motor vehi-
cle engine, nonroad vehicle, or nonroad engine in which the device or 
system is used) to achieve compliance by the motor vehicle, motor vehi-
cle engine, nonroad vehicle, or nonroad engine with the emission stand-
ards with respect to which it has been certified pursuant to sections 
221106 and 221113(a) of this title. The Administrator shall take final 
action to grant or deny an application under this paragraph, after pub-
lic notice and comment, within 270 days after receipt of the applica-
tion. 
(4) NO STAY.—No action of the Administrator under this section 
may be stayed by any court pending judicial review of the action. 
(g) MISFUELING.— 
(1) LEADED GASOLINE.—No person shall introduce, or cause or 
allow the introduction of, leaded gasoline into any motor vehicle— 
(A) that is labeled ‘‘unleaded gasoline only’’; 
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(B) that is equipped with a gasoline tank filler inlet designed 
for the introduction of unleaded gasoline; 
(C) that is a 1990 or later model year motor vehicle; or 
(D) that the person knows or should know is a vehicle designed 
solely for the use of unleaded gasoline. 
(2) DIESEL FUEL CONTAINING SULFUR.—No person shall introduce 
or cause or allow the introduction into any motor vehicle of diesel fuel 
that the person knows or should know contains a concentration of sul-
fur in excess of 0.05 percent (by weight) or that fails to meet a cetane 
index minimum of 40 or such equivalent alternative aromatic level as 
the Administrator may prescribe under subsection (i)(2). 
(h) REID VAPOR PRESSURE REQUIREMENTS.— 
(1) PROHIBITION.—The Administrator shall promulgate regulations 
making it unlawful for any person during the high ozone season (as 
defined by the Administrator) to sell, offer for sale, dispense, supply, 
offer for supply, transport, or introduce into commerce gasoline with 
a Reid vapor pressure in excess of 9.0 pounds per square inch. The 
regulations shall establish more stringent Reid vapor pressure stand-
ards in a nonattainment area as the Administrator finds necessary to 
generally achieve comparable evaporative emissions (on a per-vehicle 
basis) in nonattainment areas, taking into consideration the enforce-
ability of the standards, the need of an area for emission control, and 
economic factors. 
(2) ATTAINMENT AREAS.— 
(A) IN GENERAL.—The regulations under this subsection shall 
not make it unlawful for any person to sell, offer for supply, trans-
port, or introduce into commerce gasoline with a Reid vapor pres-
sure of 9.0 pounds per square inch or lower in any area designated 
under section 211107 of this title as an attainment area. 
(B) FORMER OZONE NONATTAINMENT AREAS REDESIGNATED 
AS AN ATTAINMENT AREA.—Notwithstanding subparagraph (A), 
the Administrator may impose a Reid vapor pressure requirement 
lower than 9.0 pounds per square inch in any area, formerly an 
ozone nonattainment area, that has been redesignated as an at-
tainment area. 
(3) ENFORCEMENT.—The regulations under this subsection shall in-
clude such provisions as the Administrator determines are necessary to 
implement and enforce the requirements of this subsection. 
(4) ETHANOL WAIVER.— 
(A) IN GENERAL.—Subject to subparagraph (B), for fuel blends 
containing gasoline and 10 percent denatured anhydrous ethanol, 
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the Reid vapor pressure limitation under this subsection shall be 
1 pound per square inch greater than the applicable Reid vapor 
pressure limitations established under paragraph (1). 
(B) DISTRIBUTORS, BLENDERS, MARKETERS, RESELLERS, CAR-
RIERS, RETAILERS, AND
WHOLESALE
PURCHASER-CONSUMERS 
DEEMED TO BE IN FULL COMPLIANCE.—A distributor, blender, 
marketer, reseller, carrier, retailer, or wholesale purchaser-con-
sumer shall be deemed to be in full compliance with this sub-
section (including the regulations promulgated thereunder) if it 
can demonstrate (by showing receipt of a certification or other evi-
dence acceptable to the Administrator) that— 
(i) the gasoline portion of the blend complies with the Reid 
vapor pressure limitations promulgated pursuant to this sub-
section; 
(ii) the ethanol portion of the blend does not exceed its 
waiver condition under subsection (f)(5); and 
(iii) no additional alcohol or other additive has been added 
to increase the Reid vapor pressure of the ethanol portion of 
the blend. 
(5) EXCLUSION FROM ETHANOL WAIVER.— 
(A) PROMULGATION OF REGULATIONS.—On notification, accom-
panied by supporting documentation, from the Governor of a State 
that the Reid vapor pressure limitation established by paragraph 
(4) will increase emissions that contribute to air pollution in any 
area in the State, the Administrator shall, by regulation, apply, in 
lieu of the Reid vapor pressure limitation established by paragraph 
(4), the Reid vapor pressure limitation established by paragraph 
(1) to all fuel blends containing gasoline and 10 percent denatured 
anhydrous ethanol that are sold, offered for sale, dispensed, sup-
plied, offered for supply, transported, or introduced into commerce 
in the area during the high ozone season. 
(B) DEADLINE FOR PROMULGATION.—The Administrator shall 
promulgate regulations under subparagraph (A) not later than 90 
days after the date of receipt of a notification from a Governor 
under that subparagraph. 
(C) EFFECTIVE DATE.— 
(i) IN GENERAL.—With respect to an area in a State for 
which the Governor submits a notification under subpara-
graph (A), the regulations under that subparagraph shall 
take effect on the later of— 
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