353 
(2) OTHER STANDARDS AND USEFUL LIFE PERIODS.—The study 
under paragraph (1) shall also consider other standards and useful life 
periods that are more stringent or less stringent than those set forth 
in table 3 (but more stringent than those described in subsections (f) 
and (g)). 
(3) EXAMINATION OF NEED FOR FURTHER REDUCTIONS.— 
(A) IN GENERAL.—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 NAAQSes, taking into 
consideration the waiver provisions of section 221109 of this title. 
As part of the study, the Administrator shall examine— 
(i) the availability of technology (including the costs there-
of), in the case of light-duty vehicles and light-duty trucks 
with a loaded vehicle weight of 3,750 pounds or less, for 
meeting more stringent emission standards than those pro-
vided in subsections (f) and (g) 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 en-
ergy impacts of meeting more stringent emission standards; 
and 
(ii) the need for, and cost effectiveness of, obtaining fur-
ther reductions in emissions from light-duty vehicles and 
light-duty trucks with a loaded vehicle weight of 3,750 
pounds or less, taking into consideration alternative means of 
attaining or maintaining the primary NAAQSes pursuant to 
State implementation plans and other requirements of this di-
vision, including their feasibility and cost effectiveness. 
(B) REPORT.—The Administrator shall submit a report to Con-
gress containing the results of the study under this subsection, in-
cluding the results of the examination conducted under subpara-
graph (A). Before submittal of the report the Administrator shall 
provide a reasonable opportunity for public comment and shall in-
clude a summary of public comments in the report to Congress. 
(4) DETERMINATION.— 
(A) IN GENERAL.—Based on the study under paragraph (1), 
the Administrator shall determine, by regulation, whether— 
(i) there is a need for further reductions in emissions as 
provided in paragraph (3)(A); 
(ii) the technology for meeting more stringent emission 
standards will be available, as provided in paragraph 
(3)(A)(i), in the case of light-duty vehicles and light-duty 
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trucks with a loaded vehicle weight of 3,750 pounds 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 (3)(A)(i); and 
(iii) obtaining further reductions in emissions from such ve-
hicles will be needed and cost effective, taking into consider-
ation alternatives as provided in paragraph (3)(A)(ii). 
(B) NO MORE STRINGENT STANDARDS.— 
(i) IN GENERAL.—If the Administrator determines under 
subparagraph (A) that— 
(I) there is no need for further reductions in emissions 
as provided in paragraph (3)(A); 
(II) the technology for meeting more stringent emis-
sion standards will not be available as provided in para-
graph (3)(A)(i), in the case of light-duty vehicles and 
light-duty trucks with a loaded vehicle weight of 3,750 
pounds 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 
(3)(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 
(3)(A)(ii); 
the Administrator shall not promulgate more stringent stand-
ards than those in effect pursuant to subsections (f) and (g). 
(ii) EFFECT OF SUBPARAGRAPH.—Nothing in this subpara-
graph 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 of 3,750 pounds or 
less at any other time thereafter in accordance with sub-
section (a). 
(C) MORE STRINGENT STANDARDS.—If the Administrator de-
termines under subparagraph (A) that— 
(i) there is a need for further reductions in emissions as 
provided in paragraph (3)(A); 
(ii) the technology for meeting more stringent emission 
standards will be available, as provided in paragraph 
(3)(A)(i), in the case of light-duty vehicles and light-duty 
trucks with a loaded vehicle weight of 3,750 pounds or less, 
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for model years commencing not earlier than January 1, 
2003, and not later than model year 2006, considering the 
factors listed in paragraph (3)(A)(i); and 
(iii) obtaining further reductions in emissions from such ve-
hicles will be needed and cost effective, taking into consider-
ation alternatives as provided in paragraph (3)(A)(ii); 
the Administrator shall promulgate the standards (and useful life 
periods) set forth in table 3 in paragraph (1) or promulgate alter-
native standards (and useful life periods) that are more stringent 
than those described in subsections (f) and (g). 
(D) EFFECT OF PARAGRAPH.—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 rulemaking required under this paragraph. 
(E) NONDISCRETIONARY DUTY.—The action required of the Ad-
ministrator in accordance with this paragraph shall be treated as 
a nondiscretionary duty for purposes of section 203104(b)(2) of 
this title. 
(F) APPLICABILITY OF EMISSION STANDARDS IN TABLE 3.—The 
regulations under subsection (a) applicable to emissions of non-
methane hydrocarbons, nitrogen oxides, and carbon monoxide from 
motor vehicles and motor vehicle engines in the classes specified 
in table 3 in paragraph (1) shall contain standards that provide 
that emissions may not exceed the pending emission levels speci-
fied in table 3 in paragraph (1) unless— 
(i) the Administrator determines not to promulgate more 
stringent standards as provided in subparagraph (B); 
(ii) the Administrator determines to postpone the effective 
date of standards described in table 3 in paragraph (1); or 
(iii) the Administrator determines to establish alternative 
standards as provided in subparagraph (C). 
(i) COLD CARBON MONOXIDE STANDARD.— 
(1) IN GENERAL.— 
(A) REGULATIONS.—The Administrator shall promulgate regu-
lations under subsection (a) applicable to emissions of carbon 
monoxide from light-duty vehicles and light-duty trucks when op-
erated at 20 degrees Fahrenheit. 
(B) STANDARDS.—The regulations shall contain standards that 
provide that emissions of carbon monoxide from 100 percent of 
each manufacturer’s vehicles when operated at 20 degrees Fahr-
enheit may not exceed— 
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(i) in the case of light-duty vehicles, 10.0 grams per mile; 
and 
(ii) in the case of light-duty trucks, a level comparable in 
stringency to the standard applicable to light-duty vehicles. 
(2) USEFUL LIFE STANDARDS.—In the case of the standards under 
paragraph (1), for purposes of certification under section 221106 of 
this title and in-use compliance under section 221107 of this title, the 
applicable useful life period shall be 5 years or 50,000 miles, whichever 
first occurs, except that the Administrator may extend the useful life 
period (for purposes of section 221106 or 221107 of this title, or both) 
if the Administrator determines that it is feasible for vehicles and en-
gines subject to the standards to meet the standards for a longer useful 
life. If the Administrator extends the useful life period, the Adminis-
trator may make an appropriate adjustment of applicable standards for 
the extended useful life. No such extended useful life shall extend be-
yond the useful life period provided in regulations under subsection 
(a)(1)(C). 
(3) HEAVY-DUTY VEHICLES AND ENGINES.—The Administrator may 
promulgate regulations under subsection (a)(1) applicable to emissions 
of carbon monoxide from heavy-duty vehicles and engines when oper-
ated at cold temperatures. 
(j) CONTROL OF EVAPORATIVE EMISSIONS.— 
(1) IN GENERAL.—The Administrator shall promulgate (and from 
time to time revise) regulations applicable to evaporative emissions of 
hydrocarbons from all gasoline-fueled motor vehicles— 
(A) during operation; and 
(B) over 2 or more days of nonuse; 
under ozone-prone summertime conditions (as determined by regula-
tions of the Administrator). 
(2) EFFECTIVE DATE; EMISSION REDUCTION.—The regulations— 
(A) shall take effect as expeditiously as possible; and 
(B) shall require the greatest degree of emission reduction 
achievable by means reasonably expected to be available for pro-
duction during any model year to which the regulations apply, giv-
ing appropriate consideration to fuel volatility and to cost, energy, 
and safety factors associated with the application of the appro-
priate technology. 
(k) MOBILE SOURCE-RELATED AIR TOXICS.— 
(1) STUDY.—The Administrator shall complete a study of the need 
for, and feasibility of, controlling emissions of toxic air pollutants that 
are unregulated under this division and associated with motor vehicles 
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and motor vehicle fuels, and the need for, and feasibility of, controlling 
such emissions and the means and measures for such controls. The 
study shall focus on the categories of emissions that pose the greatest 
risk to human health or about which significant uncertainties remain, 
including emissions of benzene, formaldehyde, and 1,3 butadiene. The 
proposed report shall be available for public review and comment and 
shall include a summary of all comments. 
(2) STANDARDS.— 
(A) IN GENERAL.—Based on the study under paragraph (1), 
the Administrator shall promulgate (and from time to time revise) 
regulations under subsection (a)(1) or section 221111(d)(1) of this 
title containing reasonable requirements to control hazardous air 
pollutants from motor vehicles and motor vehicle fuels. 
(B) CONTENTS.—The regulations shall contain standards for 
fuels, vehicles, or both, that the Administrator determines reflect 
the greatest degree of emission reduction achievable through the 
application of technology that will be available, taking into consid-
eration— 
(i) the standards established under subsection (a); 
(ii) the availability and costs of the technology; 
(iii) noise, energy, and safety factors; and 
(iv) lead time. 
(C) NO INCONSISTENCY.—The regulations shall not be incon-
sistent with standards under subsection (a). 
(D) BENZENE AND FORMALDEHYDE.—The regulations shall, at 
a minimum, apply to emissions of benzene and formaldehyde. 
(l) EMISSION CONTROL DIAGNOSTICS.— 
(1) REGULATIONS.—The Administrator shall promulgate regulations 
under subsection (a) requiring manufacturers to install on all new 
light-duty vehicles and light-duty trucks diagnostics systems capable 
of— 
(A) accurately identifying, for the vehicle’s useful life, as estab-
lished under this section, emission-related systems deterioration or 
malfunction (including, at a minimum, the catalytic converter and 
oxygen sensor) that could cause or result in failure of a vehicle 
to comply with emission standards established under this section; 
(B) alerting the vehicle’s owner or operator to the likely need 
for emission-related components or systems maintenance or repair; 
(C) storing and retrieving fault codes specified by the Adminis-
trator; and 
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(D) providing access to stored information in a manner specified 
by the Administrator. 
(2) HEAVY-DUTY VEHICLES AND ENGINES.—The Administrator may 
promulgate regulations requiring manufacturers to install onboard di-
agnostic systems described in paragraph (1) on heavy-duty vehicles and 
engines. 
(3) STATE INSPECTION.— 
(A) IN GENERAL.—The Administrator shall by regulation re-
quire States that have implementation plans containing motor ve-
hicle inspection and maintenance programs to provide in the plans 
for— 
(i) inspection of onboard diagnostics systems (as prescribed 
by regulations under paragraph (1)); and 
(ii) maintenance or repair of malfunctions or system dete-
rioration identified by or affecting such diagnostics systems. 
(B) NO INCONSISTENCY.—The regulations shall not be incon-
sistent with the provisions for warranties promulgated under sub-
sections (b) and (c) of section 221107 of this title. 
(4) SPECIFIC REQUIREMENTS.—In promulgating regulations under 
this subsection, the Administrator shall require— 
(A) that any connectors through which the emission control 
diagnostics system is accessed for inspection, diagnosis, service, or 
repair shall be standard and uniform on all motor vehicles and 
motor vehicle engines; 
(B) that access to the emission control diagnostics system 
through such connectors shall be unrestricted and shall not require 
any access code or any device that is available only from a vehicle 
manufacturer; and 
(C) that the output of the data from the emission control 
diagnostics system through such connectors shall be usable with-
out the need for any unique decoding information or device. 
(5) INFORMATION AVAILABILITY.— 
(A) IN GENERAL.—The Administrator, by regulation, shall re-
quire (subject to the provisions of section 221108(c) of this title 
regarding the protection of methods or processes entitled to pro-
tection as trade secrets) manufacturers to provide promptly to any 
person engaged in the repairing or servicing of motor vehicles or 
motor vehicle engines, and the Administrator for use by any such 
persons— 
(i) all information needed to make use of the emission con-
trol diagnostics system prescribed under this subsection; and 
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(ii) other information including instructions for making 
emission related diagnosis and repairs. 
(B) NO WITHHOLDING OF INFORMATION.—No information de-
scribed in subparagraph (A) may be withheld under section 
221108(c) of this title if the information is provided (directly or 
indirectly) by the manufacturer to franchised dealers or other per-
sons engaged in the repair, diagnosing, or servicing of motor vehi-
cles or motor vehicle engines. 
(C) AVAILABILITY TO THE ADMINISTRATOR.—The information 
shall be available to the Administrator, subject to section 
221108(c) of this title, in carrying out the Administrator’s respon-
sibilities under this section. 
§ 221103. Prohibited acts 
(a) ENUMERATED PROHIBITIONS.— 
(1) IN GENERAL.—The following acts and the causing thereof are 
prohibited: 
(A)(i) In the case of a manufacturer of new motor vehicles or 
new motor vehicle engines for distribution in commerce, the sale, 
offering for sale, introduction or delivery for introduction into 
commerce; or 
(ii) in the case of any person, except as provided by regulation 
of the Administrator, the importation into the United States; 
of any new motor vehicle or new motor vehicle engine, manufac-
tured after the effective date of regulations under this chapter 
that are applicable to the motor vehicle or engine, unless the vehi-
cle or engine is covered by a certificate of conformity issued (and 
in effect) under regulations prescribed under this chapter or chap-
ter 225 in the case of clean-fuel vehicles (except as provided in 
subsection (b)). 
(B)(i) For any person to fail or refuse to permit access to or 
copying of records or to fail to make reports or provide informa-
tion required under section 221108 of this title. 
(ii) For any person to fail or refuse to permit entry, testing, or 
inspection authorized under section 221106(c) or 221108 of this 
title. 
(iii) For any person to fail or refuse to perform tests, or have 
tests performed, as required under section 221108 of this title. 
(iv) For any manufacturer to fail to make information available 
as provided by regulation under section 221102(l)(5) of this title. 
(C)(i) For any person to remove or render inoperative any de-
vice or element of design installed on or in a motor vehicle or 
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motor vehicle engine in compliance with regulations under this 
subdivision prior to its sale and delivery to the ultimate purchaser, 
or for any person knowingly to remove or render inoperative any 
such device or element of design after such sale and delivery to 
the ultimate purchaser. 
(ii) For any person to manufacture or sell, offer to sell, or in-
stall any part or component intended for use with, or as part of, 
any motor vehicle or motor vehicle engine, where a principal effect 
of the part or component is to bypass, defeat, or render inoper-
ative any device or element of design installed on or in a motor 
vehicle or motor vehicle engine in compliance with regulations 
under this subdivision, and where the person knows or should 
know that the part or component is being offered for sale or in-
stalled for such use or put to such use. 
(D) For any manufacturer of a new motor vehicle or new motor 
vehicle engine subject to standards prescribed under section 
221102 of this title or chapter 225— 
(i) to sell or lease any such vehicle or engine unless the 
manufacturer has complied with— 
(I) the requirements of subsections (b) and (c) of sec-
tion 221107 of this title with respect to the vehicle or 
engine, and unless a label or tag is affixed to the vehicle 
or engine in accordance with section 221107(d)(4)(C) of 
this title; or 
(II) the corresponding requirements of chapter 225 in 
the case of clean fuel vehicles unless the manufacturer 
has complied with the corresponding requirements of 
chapter 225; 
(ii) to fail or refuse to comply with the requirements of 
subsection (d) or (f) of section 221107 of this title, or the 
corresponding requirements of chapter 225 in the case of 
clean fuel vehicles; 
(iii) except as provided in section 221107(d)(4) of this title 
and the corresponding requirements of chapter 225 in the 
case of clean fuel vehicles, to provide directly or indirectly in 
any communication to an ultimate purchaser or any subse-
quent purchaser that the coverage of any warranty under this 
division is conditioned on use of any part, component, or sys-
tem manufactured by the manufacturer or any person acting 
for the manufacturer or under the manufacturer’s control, or 
conditioned on service performed by any such person; or 
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(iv) to fail or refuse to comply with the terms and condi-
tions of the warranty under subsection (b) or (c) of section 
221107 of this title or the corresponding requirements of 
chapter 225 in the case of clean fuel vehicles with respect to 
any vehicle. 
(E) For any person to violate section 221116 or 221117 of this 
title or chapter 225 (including any regulation under section 
221116 or 221117 of this title or chapter 225). 
(2) HIGH ALTITUDE PERFORMANCE ADJUSTMENTS.— 
(A) DEFINITION OF MANUFACTURER PART.—In this paragraph, 
the term ‘‘manufacturer part’’ means, with respect to a motor ve-
hicle engine, a part produced or sold by the manufacturer of the 
motor vehicle or motor vehicle engine. 
(B) ACTION WITH RESPECT TO ELEMENT OF DESIGN.—No ac-
tion with respect to any element of design described in paragraph 
(1)(C) (including any adjustment or alteration of any such ele-
ment) shall be treated as a prohibited act under paragraph (1)(C) 
if the action is in accordance with section 221114 of this title. 
(C) EFFECT
OF
PARAGRAPH
(1)(C).—Nothing in paragraph 
(1)(C) shall be construed to require the use of manufacturer parts 
in maintaining or repairing any motor vehicle or motor vehicle en-
gine. 
(D) ACTION WITH RESPECT TO DEVICE OR ELEMENT OF DE-
SIGN.—No action with respect to any device or element of design 
described in paragraph (1)(C) shall be treated as a prohibited act 
under paragraph (1)(C) if— 
(i) the action is for the purpose of repair or replacement 
of the device or element, or is a necessary and temporary pro-
cedure to repair or replace any other item and the device or 
element is replaced on completion of the procedure; and 
(ii) the action thereafter results in the proper functioning 
of the device or element. 
(E) CONVERSION FOR USE OF CLEAN ALTERNATIVE FUEL.—No 
action with respect to any device or element of design described 
in paragraph (1)(C) shall be treated as a prohibited act under 
paragraph (1)(C) if— 
(i) the action is for the purpose of a conversion of a motor 
vehicle for use of a clean alternative fuel (as defined in sec-
tion 225101 of this title); 
(ii) the vehicle complies with the applicable standard under 
section 221102 of this title when operating on such fuel; and 
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(iii) in the case of a clean alternative fuel vehicle (as de-
fined by regulation by the Administrator)— 
(I) the device or element is replaced on completion of 
the conversion procedure; and 
(II) that action results in proper functioning of the de-
vice or element when the motor vehicle operates on con-
ventional fuel. 
(b) EXEMPTIONS; REFUSAL TO ADMIT VEHICLE
OR ENGINE INTO 
UNITED STATES; VEHICLES OR ENGINES INTENDED FOR EXPORT.— 
(1) EXEMPTIONS.—The Administrator may exempt any new motor 
vehicle or new motor vehicle engine from subsection (a) on such terms 
and conditions as the Administrator may find necessary— 
(A) for the purpose of research, investigations, studies, dem-
onstrations, or training; or 
(B) for reasons of national security. 
(2) REFUSAL
TO
ADMIT
VEHICLE
OR
ENGINE
INTO
UNITED 
STATES.—A new motor vehicle or new motor vehicle engine offered for 
importation or imported by any person in violation of subsection (a) 
shall be refused admission into the United States, but the Secretary 
of the Treasury and the Administrator may, by joint regulation, pro-
vide for deferring final determination as to admission and authorizing 
the delivery of such a motor vehicle or engine offered for import to the 
owner or consignee thereof on such terms and conditions (including the 
furnishing of a bond) as may appear to them appropriate to ensure 
that any such motor vehicle or engine will be brought into conformity 
with the standards, requirements, and limitations applicable to it under 
this chapter. The Secretary of the Treasury shall, if a motor vehicle 
or engine is finally refused admission under this paragraph, cause dis-
position of the motor vehicle or engine in accordance with the customs 
laws unless the motor vehicle or engine is exported, under regulations 
prescribed by the Secretary, within 90 days after the date of notice of 
that refusal or such additional time as may be permitted pursuant to 
the regulations, except that disposition in accordance with the customs 
laws may not be made in such manner as may result, directly or indi-
rectly, in the sale to an ultimate consumer of a new motor vehicle or 
new motor vehicle engine that fails to comply with applicable standards 
of the Administrator under this chapter. 
(3) VEHICLES OR ENGINES INTENDED FOR EXPORT.—A new motor 
vehicle or new motor vehicle engine intended solely for export, and so 
labeled or tagged on the outside of the container and on the vehicle 
or engine itself, shall be subject to subsection (a), except that if the 
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(B) PARTS AND COMPONENTS.—Any such violation of section 
221103(a)(1)(C)(ii) of this title shall constitute a separate offense 
with respect to each part or component. 
(b) CIVIL ACTIONS.— 
(1) IN GENERAL.—The Administrator may commence a civil action 
to assess and recover any civil penalty under subsection (a) or section 
221111(s) or 221113(e) of this title. 
(2) PLACE FOR ACTION.—Any action under this subsection may be 
brought in the United States district court for the district in which the 
violation is alleged to have occurred or in which the defendant resides 
or has its principal place of business, and the court shall have jurisdic-
tion to assess a civil penalty. 
(3) CONSIDERATIONS.—In determining the amount of any civil pen-
alty to be assessed under this subsection, the court shall take into ac-
count— 
(A) the gravity of the violation; 
(B) the economic benefit or savings (if any) resulting from the 
violation; 
(C) the size of the violator’s business; 
(D) the violator’s history of compliance with this subdivision; 
(E) action taken to remedy the violation; 
(F) the effect of the penalty on the violator’s ability to continue 
in business; and 
(G) such other matters as justice may require. 
(4) SUBPOENAS.—In any action under this subsection, a subpoena 
for a witness who is required to attend a district court in any judicial 
district may run into any other judicial district. 
(c) ADMINISTRATIVE ASSESSMENT OF CERTAIN PENALTIES.— 
(1) ADMINISTRATIVE PENALTY AUTHORITY.— 
(A) IN GENERAL.—In lieu of commencing a civil action under 
subsection (b), the Administrator may assess any civil penalty pre-
scribed in subsection (a) or section 221111(s) or 221113(e) of this 
title, except that the maximum amount of penalty sought against 
each violator in a penalty assessment proceeding shall not exceed 
$200,000, unless the Administrator and the Attorney General 
jointly determine that a matter involving a larger penalty amount 
is appropriate for administrative penalty assessment. Any such de-
termination by the Administrator and the Attorney General shall 
not be subject to judicial review. 
(B) PROCEDURE.—Assessment of a civil penalty under this sub-
section shall be by an order made on the record after opportunity 
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for a hearing in accordance with sections 554 and 556 of title 5. 
The Administrator shall issue reasonable rules for discovery and 
other procedures for hearings under this paragraph. Before 
issuing such an order, the Administrator shall give written notice 
to the person to be assessed an administrative penalty of the Ad-
ministrator’s proposal to issue the order and provide the person 
an opportunity to request a hearing on the order, within 30 days 
of the date the notice is received by the person. 
(C) COMPROMISE OR REMISSION.—The Administrator may com-
promise, or remit, with or without conditions, any administrative 
penalty that may be imposed under this section. 
(2) CONSIDERATIONS.—In determining the amount of any civil pen-
alty assessed under this subsection, the Administrator shall take into 
account the factors listed in subsection (b)(3). 
(3) EFFECT OF ADMINISTRATOR’S ACTION.— 
(A) ENFORCEMENT AUTHORITY.—Action by the Administrator 
under this subsection shall not affect or limit the Administrator’s 
authority to enforce any provision of this division, except that any 
violation— 
(i) with respect to which the Administrator has commenced 
and is diligently prosecuting an action under this subsection; 
or 
(ii) for which the Administrator has issued a final order 
not subject to further judicial review and the violator has paid 
a penalty assessment under this subsection; 
shall not be the subject of civil penalty action under subsection 
(b). 
(B) OBLIGATION TO COMPLY.—No action by the Administrator 
under this subsection shall affect any person’s obligation to comply 
with any section of this division. 
(4) FINALITY OF ORDER.—An order issued under this subsection 
shall become final 30 days after its issuance unless a petition for judi-
cial review is filed under paragraph (5). 
(5) JUDICIAL REVIEW.— 
(A) IN GENERAL.—Any person against which a civil penalty is 
assessed in accordance with this subsection may seek review of the 
assessment in the United States District Court for the District of 
Columbia, or for the district in which the violation is alleged to 
have occurred, in which the person resides, or where such person’s 
principal place of business is located, within the 30-day period be-
ginning on the date on which a civil penalty order is issued. The 
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person shall simultaneously send a copy of the filing by certified 
mail to the Administrator and the Attorney General. 
(B) RECORD.—The Administrator shall file in the court a cer-
tified copy, or certified index, as appropriate, of the record on 
which the order was issued within 30 days. 
(C) SCOPE OF REVIEW.—The court shall not set aside or re-
mand any order issued in accordance with the requirements of this 
subsection unless there is not substantial evidence in the record, 
taken as a whole, to support the finding of a violation or unless 
the Administrator’s assessment of the penalty constitutes an abuse 
of discretion, and the court shall not impose additional civil pen-
alties unless the Administrator’s assessment of the penalty con-
stitutes an abuse of discretion. 
(D) CIVIL PENALTIES.—In any proceedings, the United States 
may seek to recover civil penalties assessed under this section. 
(6) COLLECTION.— 
(A) IN GENERAL.—If any person fails to pay an assessment of 
a civil penalty imposed by the Administrator as provided in this 
subsection— 
(i) after the order making the assessment has become final; 
or 
(ii) after a court in an action brought under paragraph (5) 
has entered a final judgment in favor of the Administrator; 
the Administrator shall request the Attorney General to bring a 
civil action in an appropriate district court to recover the amount 
assessed (plus interest at rates established pursuant to section 
6621(a)(2) of the Internal Revenue Code of 1986 (26 U.S.C. 
6621(a)(2)) from the date of the final order or the date of the 
final judgment, as the case may be). 
(B) SCOPE
OF
REVIEW.—In such an action, the validity, 
amount, and appropriateness of the penalty shall not be subject 
to review. 
(C) ENFORCEMENT EXPENSES; NONPAYMENT PENALTY.— 
(i) IN GENERAL.—Any person that fails to pay on a timely 
basis the amount of an assessment of a civil penalty as de-
scribed in subparagraph (A) shall be required to pay, in addi-
tion to that amount and interest— 
(I) the enforcement expenses of the United States, in-
cluding attorney’s fees and costs for collection pro-
ceedings; and 
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(II) a quarterly nonpayment penalty for each quarter 
during which the failure to pay persists. 
(ii) AMOUNT.—The nonpayment penalty for a quarter shall 
be in an amount equal to 10 percent of the aggregate amount 
of the person’s penalties and nonpayment penalties that are 
unpaid as of the beginning of the quarter. 
§ 221106. Motor vehicle and motor vehicle engine compli-
ance testing and certification 
(a) TESTING AND ISSUANCE OF CERTIFICATE OF CONFORMITY.— 
(1) NEW MOTOR VEHICLES AND NEW MOTOR VEHICLE ENGINES SUB-
MITTED BY A MANUFACTURER.— 
(A) IN GENERAL.—The Administrator shall test, or require to 
be tested in such manner as the Administrator considers appro-
priate, any new motor vehicle or new motor vehicle engine sub-
mitted by a manufacturer to determine whether the vehicle or en-
gine conforms with the regulations prescribed under section 
221102 of this title. If the vehicle or engine conforms to the regu-
lations, the Administrator shall issue a certificate of conformity on 
such terms, and for such period (not in excess of 1 year), as the 
Administrator may prescribe. 
(B) PROJECTED SALES NOT EXCEEDING 300.—In the case of 
any original equipment manufacturer (as defined by the Adminis-
trator in regulations promulgated before November 15, 1990) of 
vehicles or vehicle engines whose projected sales in the United 
States for any model year (as determined by the Administrator) 
will not exceed 300, the Administrator shall not require, for pur-
poses of determining compliance with regulations under section 
221102 of this title for the useful life of the vehicle or engine, op-
eration of any vehicle or engine manufactured during that model 
year for more than 5,000 miles or 160 hours, respectively, unless 
the Administrator, by regulation, prescribes otherwise. The Ad-
ministrator shall apply any adjustment factors that the Adminis-
trator considers appropriate to ensure that each vehicle or engine 
will comply during its useful life (as determined under section 
221102(a)(1)(C) of this title) with the regulations prescribed 
under section 221102 of this title. 
(2) EMISSION CONTROL SYSTEMS SUBMITTED BY ANY PERSON.—The 
Administrator shall test any emission control system incorporated in a 
motor vehicle or motor vehicle engine submitted to the Administrator 
by any person to determine whether the system enables the vehicle or 
engine to conform to the standards required to be prescribed under sec-
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