434 
production technologies in RFG States with low rates of ethanol pro-
duction, including low rates of production of cellulosic biomass ethanol. 
(2) ELIGIBILITY.— 
(A) IN GENERAL.—The entities eligible to receive a grant under 
this subsection are academic institutions in RFG States, and con-
sortia made up of combinations of academic institutions, industry, 
State government agencies, or local government agencies in RFG 
States, that have proven experience and capabilities with relevant 
technologies. 
(B) APPLICATION.—To be eligible to receive a grant under this 
subsection, an eligible entity shall submit to the Administrator an 
application in such manner and form, and accompanied by such 
information, as the Administrator may specify. 
(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 
be appropriated to carry out this subsection $25,000,000 for each of 
fiscal years 2006 to 2010. 
§ 221113. Nonroad engines and nonroad vehicles 
(a) EMISSION STANDARDS.— 
(1) STUDY.—The Administrator shall conduct a study of emissions 
from nonroad engines and nonroad vehicles (other than locomotives or 
engines used in locomotives) to determine if such emissions cause, or 
significantly contribute to, air pollution that may reasonably be antici-
pated to endanger public health or welfare. 
(2) DETERMINATION.—After notice and opportunity for public hear-
ing, the Administrator shall determine within 12 months after comple-
tion of the study under paragraph (1), based on the results of the 
study, whether emissions of carbon monoxide, nitrogen oxides, and 
volatile organic compounds from new and existing nonroad engines or 
nonroad vehicles (other than locomotives or engines used in loco-
motives) are significant contributors to ozone or carbon monoxide con-
centrations in more than 1 area that has failed to attain the NAAQSes 
for ozone or carbon monoxide. That determination shall be included in 
the regulations under paragraph (3). 
(3) REGULATIONS.— 
(A) IN GENERAL.—If the Administrator makes an affirmative 
determination under paragraph (2), the Administrator shall, with-
in 12 months after completion of the study under paragraph (1), 
promulgate (and from time to time revise) regulations containing 
standards applicable to emissions from the classes or categories of 
new nonroad engines and new nonroad vehicles (other than loco-
motives or engines used in locomotives) that in the Administrator’s 
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judgment, cause or contribute to air pollution that may reasonably 
be anticipated to endanger public health or welfare. 
(B) GREATEST
DEGREE
OF
EMISSION
REDUCTION
ACHIEV-
ABLE.—The standards shall achieve the greatest degree of emis-
sion reduction achievable through the application of technology 
that the Administrator determines will be available for the engines 
or vehicles to which the standards apply, giving appropriate con-
sideration to— 
(i) the cost of applying the technology within the period of 
time available to manufacturers; and 
(ii) noise, energy, and safety factors associated with the ap-
plication of the technology. 
(C) CONSIDERATIONS.—Before determining what degree of re-
duction will be available, the Administrator shall consider stand-
ards equivalent in stringency to standards for comparable motor 
vehicles or engines (if any) regulated under section 221102 of this 
title, taking into account the technological feasibility, costs, safety, 
noise, and energy factors associated with achieving, as appro-
priate, standards of such stringency and lead time. 
(D) USEFUL LIFE.—The regulations shall apply to the useful 
life of the engines or vehicles (as determined by the Adminis-
trator). 
(4) OTHER AIR POLLUTANTS.— 
(A) IN GENERAL.—If the Administrator determines that any 
emissions not described in paragraph (2) from new nonroad en-
gines or vehicles significantly contribute to air pollution that may 
reasonably be anticipated to endanger public health or welfare, the 
Administrator may promulgate such regulations as the Adminis-
trator considers appropriate containing standards applicable to 
emissions from the classes or categories of new nonroad engines 
and new nonroad vehicles (other than locomotives or engines used 
in locomotives) that, in the Administrator’s judgment, cause or 
contribute to air pollution that may reasonably be anticipated to 
endanger public health or welfare, taking into account costs, noise, 
safety, and energy factors associated with the application of tech-
nology that the Administrator determines will be available for the 
engines and vehicles to which the standards apply. 
(B) USEFUL LIFE.—The regulations shall apply to the useful 
life of the engines or vehicles (as determined by the Adminis-
trator). 
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(5) NEW
LOCOMOTIVES
AND
NEW
ENGINES
USED
IN
LOCO-
MOTIVES.— 
(A) IN GENERAL.—The Administrator shall promulgate regula-
tions containing standards applicable to emissions from new loco-
motives and new engines used in locomotives. 
(B) GREATEST
DEGREE
OF
EMISSION
REDUCTION
ACHIEV-
ABLE.—The standards shall achieve the greatest degree of emis-
sion reduction achievable through the application of technology 
that the Administrator determines will be available for the loco-
motives or engines to which the standards apply, giving appro-
priate consideration to— 
(i) the cost of applying the technology within the period of 
time available to manufacturers; and 
(ii) noise, energy, and safety factors associated with the ap-
plication of the technology. 
(b) EFFECTIVE DATE.—Standards under this section shall take effect at 
the earliest possible date considering the lead time necessary to permit the 
development and application of the requisite technology, giving appropriate 
consideration to the cost of compliance within that period and energy and 
safety. 
(c) SAFE CONTROLS.— 
(1) IN GENERAL.—Effective with respect to new engines or vehicles 
to which standards under this section apply, no emission control device, 
system, or element of design shall be used in a new nonroad engine 
or new nonroad vehicle described in this section for purposes of com-
plying with the standards if the device, system, or element of design 
will cause or contribute to an unreasonable risk to public health, wel-
fare, or safety in its operation or function. 
(2) CONSIDERATIONS.—In determining whether an unreasonable risk 
exists, the Administrator shall consider factors including those de-
scribed in section 221102(a)(4)(B) of this title. 
(d) STATIONARY INTERNAL COMBUSTION ENGINES.—Nothing in this 
subdivision relating to nonroad engines shall be construed to apply to sta-
tionary internal combustion engines. 
(e) ENFORCEMENT.—The standards under this section— 
(1) shall be subject to sections 221106, 221107, 221108, and 
221109 of this title with such modifications of the applicable regula-
tions implementing those sections as the Administrator considers ap-
propriate; and 
(2) shall be enforced in the same manner as standards prescribed 
under section 221102 of this title. 
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(f) REVISION OR PROMULGATION OF REGULATIONS.—The Administrator 
shall revise or promulgate regulations as may be necessary to determine 
compliance with, and enforce, standards in effect under this section. 
§ 221114. High altitude performance adjustments 
(a) INSTRUCTION OF THE MANUFACTURER.— 
(1) TREATMENT AS NOT IN VIOLATION.—Any action taken with re-
spect to any element of design installed on or in a motor vehicle or 
motor vehicle engine in compliance with regulations under this subdivi-
sion (including any alteration or adjustment of such an element) shall 
be treated as not in violation of section 221103(a) of this title if the 
action is performed in accordance with high altitude adjustment in-
structions provided by the manufacturer under subsection (b) and ap-
proved by the Administrator. 
(2) DISAPPROVAL OF INSTRUCTIONS.—If the Administrator finds 
that adjustments or modifications made pursuant to instructions of the 
manufacturer under paragraph (1) will not ensure emission control per-
formance with respect to each standard under section 221102 of this 
title at least equivalent to that which would result if no such adjust-
ments or modifications were made, the Administrator shall disapprove 
the instructions. Such a finding shall be based on minimum engineering 
evaluations consistent with good engineering practice. 
(b) REGULATIONS.— 
(1) SUBMISSION OF INSTRUCTIONS TO THE ADMINISTRATOR.—In-
structions respecting each class or category of vehicles or engines to 
which this subdivision applies providing for such vehicle and engine ad-
justments and modifications as may be necessary to ensure emission 
control performance at different altitudes shall be submitted by the 
manufacturer to the Administrator pursuant to regulations promul-
gated by the Administrator. 
(2) VIOLATION.—Any knowing violation by a manufacturer of re-
quirements of the Administrator under paragraph (1) shall be treated 
as a violation by the manufacturer of section 221103(a)(1)(C) of this 
title for purposes of the penalties under section 221105 of this title. 
(3) ADJUSTMENTS.—The instructions shall provide, in addition to 
other adjustments, for adjustments for vehicles moving from high alti-
tude areas to low altitude areas after the initial registration of the vehi-
cles. 
(c) MANUFACTURER PARTS.—No instructions under this section respect-
ing adjustments or modifications may require the use of any manufacturer 
parts (as defined in section 221103(a)(2) of this title) unless the manufac-
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turer demonstrates to the satisfaction of the Administrator that the use of 
manufacturer parts is necessary to ensure emission control performance. 
(d) STATE INSPECTION AND MAINTENANCE PROGRAMS.—The authority 
provided by this section shall be available in any high altitude State (as de-
termined under regulations of the Administrator promulgated before August 
7, 1977) in which an inspection and maintenance program for the testing 
of motor vehicle emissions has been instituted for the portions of the State 
where any NAAQS for auto-related pollutants has not been attained. 
(e) HIGH ALTITUDE TESTING.— 
(1) DEFINITION
OF
HIGH
ALTITUDE
CONDITIONS.—In this sub-
section, the term ‘‘high altitude conditions’’ has the meaning given the 
term ‘‘high altitude’’ in regulations of the Administrator in effect as 
of November 15, 1990. 
(2) TESTING CENTER.—The Administrator shall establish at least 1 
testing center (in addition to the testing centers existing on November 
15, 1990) located at a site that represents high altitude conditions, to 
ascertain in a reasonable manner whether, when in actual use through-
out their useful life (as determined under section 221102(a)(1)(C) of 
this title), each class or category of vehicle and engines to which regu-
lations under section 221102 of this title apply conforms to the emis-
sion standards established by those regulations. 
(3) RESEARCH AND TECHNOLOGY ASSESSMENT CENTER.— 
(A) IN GENERAL.—The Administrator, in cooperation with the 
Secretary of Energy, the Administrator of the Federal Transit Ad-
ministration, and such other agencies as the Administrator con-
siders appropriate, shall establish a research and technology as-
sessment center to provide for the development and evaluation of 
less-polluting heavy-duty engines and fuels for use in buses, heavy- 
duty trucks, nonroad engines, and nonroad vehicles 
(B) LOCATION.—The research and technology assessment cen-
ter shall be located at a high altitude site that represents high alti-
tude conditions. 
(C) PREFERENCE.—In establishing and funding the research 
and technology assessment center, the Administrator shall give 
preference to proposals that provide for local cost-sharing of facili-
ties and recovery of costs of operation through utilization of the 
center for the purposes of this section. 
(4) RESEARCH SUBJECTS.— 
(A) DESIGNATION.—The Administrator shall designate at least 
1 center at high altitude conditions to provide research on— 
(i) after-market emission components; 
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(ii) dual-fueled vehicles and conversion kits; 
(iii) the effects of tampering on emissions equipment; 
(iv) testing of alternate fuels and conversion kits; and 
(v) the development of curricula, training courses, and ma-
terials to maximize the effectiveness of inspection and mainte-
nance programs as they relate to promoting effective control 
of vehicle emissions at high altitude elevations. 
(B) PREFERENCE.—Preference shall be given to existing vehicle 
emission testing and research centers that— 
(i) have established reputations for vehicle emission re-
search and development and training; and 
(ii) possess in-house Federal test procedure capacity. 
§ 221115. Motor vehicle compliance program fees 
(a) FEE COLLECTION.—Consistent with section 9701 of title 31, the Ad-
ministrator may promulgate (and from time to time revise) regulations es-
tablishing fees to recover all reasonable costs to the Administrator associ-
ated with— 
(1) new vehicle or engine certification under section 221106(a) of 
this title or chapter 225; 
(2) new vehicle or engine compliance monitoring and testing under 
section 221106(b) of this title or chapter 225; and 
(3) in-use vehicle or engine compliance monitoring and testing under 
section 221107(d) of this title or chapter 225. 
(b) FEE SCHEDULE.—The Administrator may establish for all foreign 
and domestic manufacturers a fee schedule based on such factors as the Ad-
ministrator finds appropriate, equitable, and nondiscriminatory, including 
the number of vehicles or engines produced under a certificate of con-
formity. In the case of heavy-duty engine and vehicle manufacturers, the 
fees shall not exceed a reasonable amount to recover an appropriate portion 
of the reasonable costs. 
(c) SPECIAL TREASURY FUND.—Any fees collected under this section 
shall be deposited in the Treasury in a special fund for licensing and other 
services which thereafter shall be available for appropriation, to remain 
available until expended, to carry out EPA’s activities for which the fees 
were collected. 
(d) LIMITATION ON FUND USE.—Amounts in the special fund described 
in subsection (c) shall not be used until after the 1st fiscal year commencing 
after the 1st July 1 when fees are paid into the fund. 
(e) TESTING AUTHORITY.—Nothing in this section shall be construed to 
limit the Administrator’s authority to require manufacturer or confirmatory 
testing as provided in this chapter. 
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§ 221116. Prohibition of production of engines requiring 
leaded gasoline 
The Administrator shall promulgate regulations applicable to motor vehi-
cle engines and nonroad engines manufactured after model year 1992 that 
prohibit the manufacture, sale, or introduction into commerce of any engine 
that requires leaded gasoline. 
§ 221117. Urban bus standards 
(a) DEFINITIONS.—In this section: 
(1) LOW-POLLUTING FUEL.— 
(A) IN GENERAL.—The term ‘‘low-polluting fuel’’ means meth-
anol, ethanol, propane, or natural gas, or any comparably low-pol-
luting fuel. 
(B) DETERMINATION.—In determining whether a fuel is com-
parably low-polluting, the Administrator shall consider— 
(i) the level of emissions of air pollutants from vehicles 
using the fuel; and 
(ii) the contribution of such emissions to ambient levels of 
air pollutants. 
(2) METHANOL.—The term ‘‘methanol’’ includes any fuel that con-
tains at least 85 percent methanol unless the Administrator increases 
that percentage as the Administrator considers appropriate to protect 
public health and welfare. 
(3) URBAN BUS.—The term ‘‘urban bus’’ has the meaning given the 
term under regulations of the Administrator promulgated under section 
221102(a) of this title. 
(b) STANDARDS.—The Administrator shall promulgate regulations under 
section 221102(a) of this title applicable to urban buses. The standards 
shall be based on the best technology that can reasonably be anticipated to 
be available at the time at which the measures are to be implemented, tak-
ing costs, safety, energy, lead time, and other relevant factors into account. 
The regulations shall require that urban buses comply with subsection (c) 
(and subsection (d), if applicable) and the standards applicable under sec-
tion 221102(a) of this title for heavy-duty vehicles of the same type and 
model year. 
(c) PM STANDARD.— 
(1) 50 
PERCENT
REDUCTION.—The standards under section 
221102(a) of this title applicable to urban buses shall require that 
emissions of particulate matter from urban buses shall not exceed 50 
percent of the emissions of particulate matter allowed under the emis-
sion standard applicable under section 202(a) of the Clean Air Act (42 
U.S.C. 7521(a)) as of November 15, 1990, for particulate matter in 
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the case of heavy-duty diesel vehicles and engines manufactured in 
model year 1994. 
(2) REVISED
REDUCTION.—The Administrator shall increase the 
level of emissions of particulate matter allowed under the standard de-
scribed in paragraph (1) if the Administrator determines that the 50 
percent reduction described in paragraph (1) is not technologically 
achievable, taking into account durability, costs, lead time, safety, and 
other relevant factors. The Administrator may not increase the level of 
emissions above 70 percent of the emissions of particulate matter al-
lowed under the emission standard applicable under section 202(a) of 
the Clean Air Act (42 U.S.C. 7521(a)) as of November 15, 1990, for 
particulate matter in the case of heavy-duty diesel vehicles and engines 
manufactured in model year 1994. 
(3) DETERMINATION AS PART OF RULEMAKING.—As part of the 
rulemaking under subsection (b), the Administrator shall make a deter-
mination whether the 50 percent reduction described in paragraph (1) 
is technologically achievable, taking into account durability, costs, lead 
time, safety, and other relevant factors. 
(d) LOW-POLLUTING FUEL REQUIREMENT.— 
(1) ANNUAL
TESTING.—The Administrator shall conduct annual 
tests of a representative sample of operating urban buses subject to the 
particulate matter standard applicable pursuant to subsection (c) to de-
termine whether urban buses comply with the standard in use over 
their full useful life. 
(2) PROMULGATION
OF
ADDITIONAL
LOW-POLLUTING
FUEL
RE-
QUIREMENT.— 
(A) IN GENERAL.—If the Administrator determines, based on 
the testing under paragraph (1), that urban buses subject to the 
particulate matter standard applicable pursuant to subsection (c) 
do not comply with the standard in use over their full useful life, 
the Administrator shall revise the standards applicable to urban 
buses to require (in addition to compliance with the particulate 
matter standard applicable pursuant to subsection (c)) that all 
new urban buses purchased or placed into service by owners or op-
erators of urban buses in all metropolitan statistical areas or con-
solidated metropolitan statistical areas with a 1980 population of 
750,000 or more shall be capable of operating, and shall be exclu-
sively operated, on low-polluting fuels. The Administrator shall es-
tablish the pass-fail rate for purposes of testing under this sub-
paragraph. 
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(B) PHASE-IN SCHEDULE.—The Administrator shall promulgate 
a schedule phasing in any low-polluting fuel requirement estab-
lished pursuant to this paragraph to an increasing percentage of 
new urban buses purchased or placed into service in each of the 
1st 5 model years commencing 3 years after the determination 
under subparagraph (A). Under the schedule 100 percent of new 
urban buses placed into service in the 5th model year commencing 
3 years after the determination under subparagraph (A) shall 
comply with the low-polluting fuel requirement established pursu-
ant to this paragraph. 
(C) AREAS WITH A 1980 POPULATION OF LESS THAN 750,000.— 
The Administrator may extend the requirements of this paragraph 
to metropolitan statistical areas or consolidated metropolitan sta-
tistical areas with a 1980 population of less than 750,000 if the 
Administrator determines that a significant benefit to public 
health could be expected to result from such an extension. 
(e) RETROFIT REQUIREMENTS.— 
(1) IN GENERAL.—The Administrator shall promulgate regulations 
under section 221102(a) of this title requiring that buses described in 
paragraph (2) comply with an emission standard or emission control 
technology requirement established by the Administrator in the regula-
tions. 
(2) BUSES.—Buses referred to in paragraph (1) are urban buses 
that— 
(A) are operating in areas described in subparagraph (A) of 
subsection (d)(2) (or subparagraph (C) of subsection (d)(2) if the 
Administrator has taken action under that subparagraph); 
(B) were not subject to standards in effect under the regula-
tions under subsection (b); and 
(C) have their engines replaced or rebuilt after January 1, 
1995; 
(3) BEST TECHNOLOGY AND PRACTICES.—The emission standard or 
emission control technology requirement shall reflect the best retrofit 
technology and maintenance practices reasonably achievable. 
(f) PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT.—The Ad-
ministrator shall establish, in accordance with section 221106(h) of this 
title, procedures for the administration and enforcement of standards for 
urban buses subject to standards under this section, testing procedures, 
sampling protocols, in-use compliance requirements, and criteria governing 
evaluation of buses. Procedures for testing (including certification testing) 
shall reflect actual operating conditions. 
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