HR 4468 — Choice in Automobile Retail Sales Act of 2023

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 CLEAN AIR ACT

 * * * * * * *
TITLE II--EMISSION STANDARDS FOR MOVING SOURCES

 * * * * * * *

 Part A--Motor Vehicle Emission and Fuel Standards

 establishment of standards

 Sec. 202. (a) Except as otherwise provided in subsection 
(b)--
 (1) The Administrator shall by regulation prescribe 
 (and from time to time revise) in accordance with the 
 provisions of this section, standards applicable to the 
 emission of any air pollutant from any class or classes 
 of new motor vehicles or new motor vehicle engines, 
 which in his judgment cause, or contribute to, air 
 pollution which may reasonably be anticipated to 
 endanger public health or welfare. Such standards shall 
 be applicable to such vehicles and engines for their 
 useful life (as determined under subsection (d), 
 relating to useful life of vehicles for purposes of 
 certification), whether such vehicles and engines are 
 designed as complete systems or incorporate devices to 
 prevent or control such pollution.
 [(2) Any regulation] (2) (A) Any regulation 
 prescribed under paragraph (1) of this subsection (and 
 any revision thereof) shall take effect after such 
 period as the Administrator finds necessary to permit 
 the development and application of the requisite 
 technology, giving appropriate consideration to the 
 cost of compliance within such period.
 (B) Effective beginning on the date of enactment of 
 this subparagraph, any regulation prescribed under 
 paragraph (1) (and any revision thereof), including any 
 such regulation or revision prescribed before the date 
 of enactment of this subparagraph, shall not--
 (i) mandate the use of any specific 
 technology; or
 (ii) result in limited availability of new 
 motor vehicles based on the type of new motor 
 vehicle engine in such new motor vehicles.
 (3)(A) In General--(i) Unless the standard is changed 
 as provided in subparagraph (B), regulations under 
 paragraph (1) of this subsection applicable to 
 emissions of hydrocarbons, carbon monoxide, oxides of 
 nitrogen, and particulate matter from classes or 
 categories of heavy-duty vehicles or engines 
 manufactured during or after model year 1983 shall 
 contain standards which reflect the greatest degree of 
 emission reduction achievable through the application 
 of technology which the Administrator determines will 
 be available for the model year to which such standards 
 apply, giving appropriate consideration to cost, 
 energy, and safety factors associated with the 
 application of such technology.
 (ii) In establishing classes or categories of 
 vehicles or engines for purposes of regulations under 
 this paragraph, the Administrator may base such classes 
 or categories on gross vehicle weight, horsepower, type 
 of fuel used or other appropriate factors.
 (B) Revised Standards for Heavy Duty Trucks.--(i) On 
 the basis of information available to the Administrator 
 concerning the effects of air pollutants emitted from 
 heavy-duty vehicles or engines and from other sources 
 of mobile source related pollutants on the public 
 health and welfare, and taking costs into account, the 
 Administrator may promulgate regulations under 
 paragraph (1) of this subsection revising any standard 
 promulgated under, or before the date of, the enactment 
 of the Clean Air Act Amendments of 1990 (or previously 
 revised under this subparagraph) and applicable to 
 classes or categories of heavy-duty vehicles or 
 engines.
 (ii) Effective for the model year 1998 and 
 thereafter, the regulations under paragraph (1) of this 
 subsection applicable to emissions of oxides of 
 nitrogen (NOx) from gasoline and diesel-fueled heavy 
 duty trucks shall contain standards which provide that 
 such emissions may not exceed 4.0 grams per brake 
 horsepower hour (gbh).
 (C) Lead Time And Stability.--Any standard 
 promulgated or revised under this paragraph and 
 applicable to classes or categories of heavy-duty 
 vehicles or engines shall apply for a period of no less 
 than 3 model years beginning no earlier than the model 
 year commencing 4 years after such revised standard is 
 promulgated.
 (D) Rebulding Practices.--The Administrator shall 
 study the practice of rebuilding heavy-duty engines and 
 the impact rebuilding has on engine emissions. On the 
 basis of that study and other information available to 
 the Administrator, the Administrator may prescribe 
 requirements to control rebuilding practices, including 
 standards applicable to emissions from any rebuilt 
 heavy-duty engines (whether or not the engine is past 
 its statutory useful life), which in the 
 Administrator's judgment cause, or contribute to, air 
 pollution which may reasonably be anticipated to 
 endanger public health or welfare taking costs into 
 account. Any regulation shall take effect after a 
 period the Administrator finds necessary to permit the 
 development and application of the requisite control 
 measures, giving appropriate consideration to the cost 
 of compliance within the period and energy and safety 
 factors.
 (E) Motorcycles.--For purposes of this paragraph, 
 motorcycles and motorcycle engines shall be treated in 
 the same manner as heavy-duty vehicles and engines 
 (except as otherwise permitted under section 206(f)(1)) 
 unless the the Administrator promulgates a rule 
 reclassifying motorcycles as light-duty vehicles within 
 the meaning of this section or unless the Administrator 
 promulgates regulations under subsection (a) applying 
 standards applicable to the emission of air pollutants 
 from motorcycles as a separate class or category. In 
 any case in which such standards are promulgated for 
 such emissions from motorcycles as a separate class or 
 category, the Administrator, in promulgating such 
 standards, shall consider the need to achieve 
 equivalency of emission reductions between motorcycles 
 and other motor vehicles to the maximum extent 
 practicable.
 (4)(A) Effective with respect to vehicles and engines 
 manufactured after model year 1978, no emission control 
 device, system, or element of design shall be used in a 
 new motor vehicle or new motor vehicle engine for 
 purposes of complying with requirements prescribed 
 under this title if such device, system, or element of 
 design will cause or contribute to an unreasonable risk 
 to public health, welfare, or safety in its operation 
 or function.
 (B) In determining whether an unreasonable risk 
 exists under subparagraph (A), the Administrator shall 
 consider, among other factors, (i) whether and to what 
 extent the use of any device, system, or element of 
 design causes, increases, reduces, or eliminates 
 emissions of any unregulated pollutants; (ii) available 
 methods for reducing or eliminating any risk to public 
 health, welfare, or safety which may be associated with 
 the use of such device, system, or element of design, 
 and (iii) the availability of other devices, systems, 
 or elements of design which may be used to conform to 
 requirements prescribed under this title without 
 causing or contributing to such unreasonable risk. The 
 Administrator shall include in the consideration 
 required by this paragraph all relevant information 
 developed pursuant to section 214.
 (5)(A) If the Administrator promulgates final 
 regulations which define the degree of control required 
 and the test procedures by which compliance could be 
 determined for gasoline vapor recovery of uncontrolled 
 emissions from the fueling of motor vehicles, the 
 Administrator shall, after consultation with the 
 Secretary of Transportation with respect to motor 
 vehicle safety, prescribe, by regulation, fill pipe 
 standards for new motor vehicles in order to insure 
 effective connection between such fill pipe and any 
 vapor recovery system which the Administrator 
 determines may be required to comply with such vapor 
 recovery regulations. In promulgating such standards 
 the Administrator shall take into consideration limits 
 on fill pipe diameter, minimum design criteria for 
 nozzle retainer lips, limits on the location of the 
 unleaded fuel restrictors, a minimum access zone 
 surrounding a fill pipe, a minimum pipe or nozzle 
 insertion angle, and such other factors as he deems 
 pertinent.
 (B) Regulations prescribing standards under 
 subparagraph (A) shall not become effective until the 
 introduction of the model year for which it would be 
 feasible to implement such standards, taking into 
 consideration the restraints of an adequate leadtime 
 for design and production.
 (C) Nothing in subparagraph (A) shall (i) prevent the 
 Administrator from specifying different nozzle and fill 
 neck sizes for gasoline with additives and gasoline 
 without additives or (ii) permit the Administrator to 
 require a specific location, configuration, modeling, 
 or styling of the motor vehicle body with respect to 
 the fuel tank fill neck or fill nozzle clearance 
 envelope.
 (D) For the purpose of this paragraph, the term 
 ``fill pipe'' shall include the fuel tank fill pipe, 
 fill neck, fill inlet, and closure.
 (6) Onboard vapor recovery.--Within 1 year after the 
 date of the enactment of the Clean Air Act Amendments 
 of 1990, the Administrator shall, after consultation 
 with the Secretary of Transportation regarding the 
 safety of vehicle-based (``onboard'') systems for the 
 control of vehicle refueling emissions, promulgate 
 standards under this section requiring that new light-
 duty vehicles manufactured beginning in the fourth 
 model year after the model year in which the standards 
 are promulgated and thereafter shall be equipped with 
 such systems. The standards required under this 
 paragraph shall apply to a percentage of each 
 manufacturer's fleet of new light-duty vehicles 
 beginning with the fourth model year after the model 
 year in which the standards are promulgated. The 
 percentage shall be as specified in the following 
 table:

 
------------------------------------------------------------------------
 Model year commencing after standards
 promulgated Percentage *
------------------------------------------------------------------------
Fourth.................................... 40
Fifth..................................... 80
After Fifth............................... 100
------------------------------------------------------------------------
*Percentages in the table refer to a percentage of the manufacturer's
 sales volume.

 The standards shall require that such systems provide a 
 minimum evaporative emission capture efficiency of 95 
 percent. The requirements of section 182(b)(3) 
 (relating to stage II gasoline vapor recovery) for 
 areas classified under section 181 as moderate for 
 ozone shall not apply after promulgation of such 
 standards and the Administrator may, by rule, revise or 
 waive the application of the requirements of such 
 section 182(b)(3) for areas classified under section 
 181 as Serious, Severe, or Extreme for ozone, as 
 appropriate, after such time as the Administrator 
 determines that onboard emissions control systems 
 required under this paragraph are in widespread use 
 throughout the motor vehicle fleet.
 (b)(1)(A) The regulations under subsection (a) applicable to 
emissions of carbon monoxide and hydrocarbons from light-duty 
vehicles and engines manufactured during model years 1977 
through 1979 shall contain standards which provide that such 
emissions from such vehicles and engines may not exceed 1.5 
grams per vehicle mile of hydrocarbons and 15.0 grams per 
vehicle mile of carbon monoxide. The regulations under 
subsection (a) applicable to emissions of carbon monoxide from 
light-duty vehicles and engines manufactured during the model 
year 1980 shall contain standards which provide that such 
emissions may not exceed 7.0 grams per vehicle mile. The 
regulations under subsection (a) applicable to emissions of 
hydrocarbons from light-duty vehicles and engines manufactured 
during or after model year 1980 shall contain standards which 
require a reduction of at least 90 percent from emissions of 
such pollutant allowable under the standards under this section 
applicable to light-duty vehicles and engines manufactured in 
model year 1970. Unless waived as provided in paragraph (5), 
regulations under subsection (a) applicable to emissions of 
carbon monoxide from light-duty vehicles and engines 
manufactured during or after the model year 1981 shall contain 
standards which require a reduction of at least 90 percent from 
emissions of such pollutant allowable under the standards under 
this section applicable to light-duty vehicles and engines 
manufactured in model year 1970.
 (B) The regulations under subsection (a) applicable to 
emissions of oxides of nitrogen from light-duty vehicles and 
engines manufactured during model years 1977 through 1980 shall 
contain standards which provide that such emissions from such 
vehicles and engines may not exceed 2.0 grams per vehicle mile. 
The regulations under subsection (a) applicable to emissions of 
oxides of nitrogen from light-duty vehicles and engines 
manufactured during the model year 1981 and thereafter shall 
contain standards which provide that such emissions from such 
vehicles and engines may not exceed 1.0 gram per vehicle mile. 
The Administrator shall prescribe standards in lieu of those 
required by the preceding sentence which provide that emissions 
of oxides of nitrogen may not exceed 2.0 grams per vehicle mile 
for any light-duty vehicle manufactured during model years 1981 
and 1982 by any manufacturer whose production, by corporate 
identity, for calendar year 1976 was less than three hundred 
thousand light-duty motor vehicles worldwide if the 
Administrator determines that--
 (i) the ability of such manufacturer to meet emission 
 standards in the 1975 and subsequent model years was, 
 and is, primarily dependent upon technology developed 
 by other manufacturers and purchased from such 
 manufacturers; and
 (ii) such manufacturer lacks the financial resources 
 and technological ability to develop such technology.
 (C) The Administrator may promulgate regulations under 
subsection (a)(1) revising any standard prescribed or 
previously revised under this subsection, as needed to protect 
public health or welfare, taking costs, energy, and safety into 
account. Any revised standard shall require a reduction of 
emissions from the standard that was previously applicable. Any 
such revision under this title may provide for a phase-in of 
the standard. It is the intent of Congress that the numerical 
emission standards specified in subsections (a)(3)(B)(ii), (g), 
(h), and (i) shall not be modified by the Administrator after 
the enactment of the Clean Air Act Amendments of 1990 for any 
model year before the model year 2004.
 (2) Emission standards under paragraph (1), and measurement 
techniques on which such standards are based (if not 
promulgated prior to the date of the enactment of the Clean Air 
Act Amendments of 1990), shall be promulgated by regulation 
within 180 days after such date.
 (3) For purposes of this part--
 (A)(i) The term ``model year'' with reference to any 
 specific calendar year means the manufacturer's annual 
 production period (as determined by the Administrator) 
 which includes January 1 of such calendar year. If the 
 manufacturer has no annual production period, the term 
 ``model year'' shall mean the calendar year.
 (ii) For the purpose of assuring that vehicles and 
 engines manufactured before the beginning of a model 
 year were not manufactured for purposes of 
 circumventing the effective date of a standard required 
 to be prescribed by subsection (b), the Administrator 
 may prescribe regulations defining ``model year'' 
 otherwise than as provided in clause (i).
 
 (C) The term ``heavy duty vehicle'' means a truck, 
 bus, or other vehicle manufactured primarily for use on 
 the public streets, roads, and highways (not including 
 any vehicle operated exclusively on a rail or rails) 
 which has a gross vehicle weight (as determined under 
 regulations promulgated by the Administrator) in excess 
 of six thousand pounds. Such term includes any such 
 vehicle which has special features enabling off-street 
 or off-highway operation and use.
 (3) Upon the petition of any manufacturer, the Administrator, 
after notice and opportunity for public hearing, may waive the 
standard required under subparagraph (B) of paragraph (1) to 
not exceed 1.5 grams of oxides of nitrogen per vehicle mile for 
any class or category of light-duty vehicles or engines 
manufactured by such manufacturer during any period of up to 
four model years beginning after the model year 1980 if the 
manufacturer demonstrates that such waiver is necessary to 
permit the use of an innovative power train technology, or 
innovative emission control device or system, in such class or 
category of vehicles or engines and that such technology or 
system was not utilized by more than 1 percent of the light-
duty vehicles sold in the United States in the 1975 model year. 
Such waiver may be granted only if the Administrator 
determines--
 (A) that such waiver would not endanger public 
 health,
 (B) that there is a substantial likelihood that the 
 vehicles or engines will be able to comply with the 
 applicable standard under this section at the 
 expiration of the waiver, and
 (C) that the technology or system has a potential for 
 long-term air quality benefit and has the potential to 
 meet or exceed the average fuel economy standard 
 applicable under the Energy Policy and Conservation Act 
 upon the expiration of the waiver.
No waiver under this subparagraph granted to any manufacturer 
shall apply to more than 5 percent of such manufacturer's 
production or more than fifty thousand vehicles or engines, 
whichever is greater.
 (c)(1) The Administrator shall undertake to enter into 
appropriate arrangements with the National Academy of Sciences 
to conduct a comprehensive study and investigation of the 
technological feasibility of meeting the emissions standards 
required to be prescribed by the Administrator by subsection 
(b) of this section.
 (2) Of the funds authorized to be appropriated to the 
Administrator by this Act, such amounts as are required shall 
be available to carry out the study and investigation 
authorized by paragraph (1) of this subsection.
 (3) In entering into any arrangement with the National 
Academy of Sciences for conducting the study and investigation 
authorized by paragraph (1) of this subsection, the 
Administrator shall request the National Academy of Sciences to 
submit semiannual reports on the progress of its study and 
investigation to the Administrator and the Congress, beginning 
not later than July 1, 1971, and continuing until such study 
and investigation is completed.
 (4) The Administrator shall furnish to such Academy at its 
request any information which the Academy deems necessary for 
the purpose of conducting the investigation and study 
authorized by paragraph (1) of this subsection. For the purpose 
of furnishing such information, the Administrator may use any 
authority he has under this Act (A) to obtain information from 
any person, and (B) to require such person to conduct such 
tests, keep such records, and make such reports respecting 
research or other activities conducted by such person as may be 
reasonably necessary to carry out this subsection.
 (d) The Administrator shall prescribe regulations under which 
the useful life of vehicles and engines shall be determined for 
purposes of subsection (a)(1) of this section and section 207. 
Such regulations shall provide that except where a different 
useful life period is specified in this title useful life 
shall--
 (1) in the case of light duty vehicles and light duty 
 vehicle engines and light-duty trucks up to 3,750 lbs. 
 LVW and up to 6,000 lbs. GVWR, be a period of use of 
 five years or of fifty thousand miles (or the 
 equivalent), whichever first occurs, except that in the 
 case of any requirement of this section which first 
 becomes applicable after the enactment of the Clean Air 
 Act Amendments of 1990 where the useful life period is 
 not otherwise specified for such vehicles and engines, 
 the period shall be 10 years or 100,000 miles (or the 
 equivalent), whichever first occurs, with testing for 
 purposes of in-use compliance under section 207 up to 
 (but not beyond) 7 years or 75,000 miles (or the 
 equivalent), whichever first occurs;
 (2) in the case of any other motor vehicle or motor 
 vehicle engine (other than motorcycles or motorcycle 
 engines) be a period of use set forth in paragraph (1) 
 unless the Administrator determines that a period of 
 use of greater duration or mileage is appropriate; and
 (3) in the case of any motorcycle or motorcycle 
 engine, be a period of use the Administrator shall 
 determine.
 (e) In the event a new power source or propulsion system for 
new motor vehicles or new motor vehicle engines is submitted 
for certification pursuant to section 206(a), the Administrator 
may postpone certification until he has prescribed standards 
for any air pollutants emitted by such vehicle or engine which 
in his judgment cause or contribute to, air pollution which may 
reasonably be anticipated to endanger the public health or 
welfare but for which standards have not been prescribed under 
subsection (a).
 (f)(1) The high altitude regulation in effect with respect to 
model year 1977 motor vehicles shall not apply to the 
manufacture, distribution, or sale of 1978 and later model year 
motor vehicles. Any future regulation affecting the sale or 
distribution of motor vehicles or engines manufactured before 
the model year 1984 in high altitude areas of the country shall 
take effect no earlier than model year 1981.
 (2) Any such future regulation applicable to high altitude 
vehicles or engines shall not require a percentage of reduction 
in the emissions of such vehicles which is greater than the 
required percentage of reduction in emissions from motor 
vehicles as set forth in section 202(b). This percentage 
reduction shall be determined by comparing any proposed high 
altitude emission standards to high altitude emissions from 
vehicles manufactured during model year 1970. In no event shall 
regulations applicable to high altitude vehicles manufactured 
before the model year 1984 establish a numerical standard which 
is more stringent than that applicable to vehicles certified 
under non-high altitude conditions.
 (3) Section 307(d) shall apply to any high altitude 
regulation referred to in paragraph (2) and before promulgating 
any such regulation, the Administrator shall consider and make 
a finding with respect to--
 (A) the economic impact upon consumers, individual 
 high altitude dealers, and the automobile industry of 
 any such regulation, including the economic impact 
 which was experienced as a result of the regulation 
 imposed during model year 1977 with respect to high 
 altitude certification requirements;
 (B) the present and future availability of emission 
 control technology capable of meeting the applicable 
 vehicle and engine emission requirements without 
 reducing model availability; and
 (C) the likelihood that the adoption of such a high 
 altitude regulation will result in any significant 
 improvement in air quality in any area to which it 
 shall apply.
 (f) Model Years After 1990.--For model years prior to model 
year 1994, the regulations under section 202(a) applicable to 
buses other than those subject to standards under section 219 
shall contain a standard which provides that emissions of 
particulate matter (PM) from such buses may not exceed the 
standards set forth in the following table:

 
------------------------------------------------------------------------
 Model year Standard *
------------------------------------------------------------------------
1991..................................... 0.25
1992..................................... 0.25
1993 and thereafter...................... 0.10
------------------------------------------------------------------------
*Standards are expressed in grams per brake horsepower hour (g/bhp/hr).

 (g) Light-Duty Trucks up to 6,000 lbs. GVWR and Light-Duty 
Vehicles; Standards for Model Years After 1993.--
 (1) nmhc, co, and nox.--Effective with 
 respect to the model year 1994 and thereafter, the 
 regulations under subsection (a) applicable to 
 emissions of nonmethane hydrocarbons (NMHC), carbon 
 monoxide (CO), and oxides of nitrogen (NOx) 
 from light-duty trucks (LDTs) of up to 6,000 lbs. gross 
 vehicle weight rating (GVWR) and light-duty vehicles 
 (LDVs) shall contain standards which provide that 
 emissions from a percentage of each manufacturer's 
 sales volume of such vehicles and trucks shall comply 
 with the levels specified in table G. The percentage 
 shall be as specified in the implementation schedule 
 below:

 x
----------------------------------------------------------------------------------------------------------------
 Column A Column B
 ---------------------------------------------
 Vehicle type (5 yrs/50,000 mi) (10 yrs/100,000 mi)
 ---------------------------------------------
 NMHC CO NOx NMHC CO NOx
----------------------------------------------------------------------------------------------------------------
LDTs (0-3,750 lbs. LVW) and light-duty vehicles................... 0.25 3.4 0.4* 0.31 4.2 0.6*
LDTs (3,751-5,750 lbs. LVW)....................................... 0.32 4.4 0.7** 0.40 5.5 0.97
----------------------------------------------------------------------------------------------------------------
Standards are expressed in grams per mile (gpm).
For standards under column A, for purposes of certification under section 206, the applicable useful life shall
 be 5 years or 50,000 miles (or the equivalent), whichever first occurs.
For standards under column B, for purposes of certification under section 206, the applicable useful life shall
 be 10 years or 100,000 miles (or the equivalent), whichever first occurs.
*In the case of diesel-fueled LDTs (0-3,750 LVW) and light-duty vehicles, before the model year 2004, in lieu of
 the 0.4 and 0.6 standards for NOx, the applicable standards for NOxshall be 1.0 gpm for a useful life of 5
 years or 50,000 miles (or the equivalent), whichever first occurs, and 1.25 gpm for a useful life of 10 years
 or 100,000 miles (or the equivalent) whichever first occurs.
**This standard does not apply to diesel-fueled LDTs (3,751-5,750 lbs. LVW).

 
------------------------------------------------------------------------
 Model year Percentage *
------------------------------------------------------------------------
1994....................................... 40
1995....................................... 80
after 1995................................. 100
------------------------------------------------------------------------
*Percentages in the table refer to a percentage of each manufacturer's
 sales volume.

 (2) PM Standard.--Effective with respect to model 
 year 1994 and thereafter in the case of light-duty 
 vehicles, and effective with respect to the model year 
 1995 and thereafter in the case of light-duty trucks 
 (LDTs) of up to 6,000 lbs. gross vehicle weight rating 
 (GVWR), the regulations under subsection (a) applicable 
 to emissions of particulate matter (PM) from such 
 vehicles and trucks shall contain standards which 
 provide that such emissions from a percentage of each 
 manufacturer's sales volume of such vehicles and trucks 
 shall not exceed the levels specified in the table 
 below. The percentage shall be as specified in the 
 Implementation Schedule below.

 
------------------------------------------------------------------------
 Useful life period Standard
------------------------------------------------------------------------
5/50,000................................. 0.08 gpm
10/100,000............................... 0.10 gpm
------------------------------------------------------------------------
The applicable useful life, for purposes of certification under section
 206 and for purposes of in-use compliance under section 207, shall be
 5 years or 50,000 miles (or the equivalent), whichever first occurs,
 in the case of the 5/50,000 standard.
The applicable useful life, for purposes of certification under section
 206 and for purposes of in-use compliance under section 207, shall be
 10 years or 100,000 miles (or the equivalent), whichever first occurs
 in the case of the 10/100,000 standard.

------------------------------------------------------------------------
 Model year Light-duty vehicles LDTs
------------------------------------------------------------------------
1994........................... 40%* ..................
1995........................... 80%* 40%*
1996........................... 100%* 80%*
after 1996..................... 100%* 100%*
------------------------------------------------------------------------
*Percentages in the table refer to a percentage of each manufacturer's
 sales volume.

 (h) Light-Duty Trucks of More Than 6,000 lbs. GVWR; Standards 
for Model Years After 1995.--Effective with respect to the 
model year 1996 and thereafter, the regulations under 
subsection (a) applicable to emissions of nonmethane 
hydrocarbons (NMHC), carbon monoxide (CO), oxides of nitrogen 
(NOx), and particulate matter (PM) from light-duty 
trucks (LDTs) of more than 6,000 lbs. gross vehicle weight 
rating (GVWR) shall contain standards which provide that 
emissions from a specified percentage of each manufacturer's 
sales volume of such trucks shall comply with the levels 
specified in table H. The specified percentage shall be 50 
percent in model year 1996 and 100 percent thereafter.

 
----------------------------------------------------------------------------------------------------------------
 Column A Column B
 ------------------------------------------------
 LDT Test weight (5 yrs/50,000 mi) (11 yrs/120,000 mi)
 ------------------------------------------------
 NMHC CO NOx NMHC CO NOx PM
----------------------------------------------------------------------------------------------------------------
3,751-5,750 lbs. TW............................................ 0.32 4.4 0.7* 0.46 6.4 0.98 0.10
Over 5,750 lbs. TW............................................. 0.39 5.0 1.1* 0.56 7.3 1.53 0.12
----------------------------------------------------------------------------------------------------------------
Standards are expressed in grams per mile (GPM).
For standards under column A, for purposes of certification under section 206, the applicable useful life shall
 be 5 years or 50,000 miles (or the equivalent) whichever first occurs.
For standards under column B, for purposes of certification under section 206, the applicable useful life shall
 be 11 years or 120,000 miles (or the equivalent), whichever first occurs
*Not applicable to diesel-fueled LDTs.

 (i) Phase II Study for Certain Light-Duty Vehicles and Light-
Duty Trucks.--(1) The Administrator, with the participation of 
the Office of Technology Assessment, shall study whether or not 
further reductions in emissions from light-duty vehicles and 
light-duty trucks should be required pursuant to this title. 
The study shall consider whether to establish with respect to 
model years commencing after January 1, 2003, the standards and 
useful life period for gasoline and diesel-fueled light-duty 
vehicles and light-duty trucks with a loaded vehicle weight 
(LVW) of 3,750 lbs. or less specified in the following table:

 
------------------------------------------------------------------------
 Pollutant Emission level *
------------------------------------------------------------------------
NMHC................................. 0.125 GPM
NOx.................................. 0.2 GPM
CO................................... 1.7 GPM
------------------------------------------------------------------------
*Emission levels are expressed in grams per mile (GPM). For vehicles and
 engines subject to this subsection for purposes of section 202(d) and
 any reference thereto, the useful life of such vehicles and engines
 shall be a period of 10 years or 100,000 miles (or the equivalent),
 whichever first occurs.

 
Such study shall also consider other standards and useful life 
periods which are more stringent or less stringent than those 
set forth in table 3 (but more stringent than those referred to 
in subsections (g) and (h)).
 (2)(A) As part of the study under paragraph (1), the 
Administrator shall examine the need for further reductions in 
emissions in order to attain or maintain the national ambient 
air quality standards, taking into consideration the waiver 
provisions of section 209(b). As part of such study, the 
Administrator shall also examine--
 (i) the availability of technology (including the 
 costs thereof), in the case of light-duty vehicles and 
 light-duty trucks with a loaded vehicle weight (LVW) of 
 3,750 lbs. or less, for meeting more stringent emission 
 standards than those provided in subsections (g) and 
 (h) for model years commencing not earlier than after 
 January 1, 2003, and not later than model year 2006, 
 including the lead time and safety and energy impacts 
 of meeting more stringent emission standards; and
 (ii) the need for, and cost effectiveness of, 
 obtaining further reductions in emissions from such 
 light-duty vehicles and light-duty trucks, taking into 
 consideration alternative means of attaining or 
 maintaining the national primary ambient air quality 
 standards pursuant to State implementation plans and 
 other requirements of this Act, including their 
 feasibility and cost effectiveness.
 (B) The Administrator shall submit a report to Congress no 
later than June 1, 1997, containing the results of the study 
under this subsection, including the results of the examination 
conducted under subparagraph (A). Before submittal of such 
report the Administrator shall provide a reasonable opportunity 
for public comment and shall include a summary of such comments 
in the report to Congress.
 (3)(A) Based on the study under paragraph (1) the 
Administrator shall determine, by rule, within 3 calendar years 
after the report is submitted to Congress, but not later than 
December 31, 1999, whether--
 (i) there is a need for further reductions in 
 emissions as provided in paragraph (2)(A);
 (ii) the technology for meeting more stringent 
 emission standards will be available, as provided in 
 paragraph (2)(A)(i), in the case of light-duty vehicles 
 and light-duty trucks with a loaded vehicle weight 
 (LVW) of 3,750 lbs. or less, for model years commencing 
 not earlier than January 1, 2003 and not later than 
 model year 2006, considering the factors listed in 
 paragraph (2)(A)(i); and
 (iii) obtaining further reductions in emissions from 
 such vehicles will be needed and cost effective, taking 
 into consideration alternatives as provided in 
 paragraph (2)(A)(ii).
The rulemaking under this paragraph shall commence within 3 
months after submission of the report to Congress under 
paragraph (2)(B).
 (B) If the Administrator determines under subparagraph (A) 
that--
 (i) there is no need for further reductions in 
 emissions as provided in paragraph (2)(A);
 (ii) the technology for meeting more stringent 
 emission standards will not be available as provided in 
 paragraph (2)(A)(i), in the case of light-duty vehicles 
 and light-duty trucks with a loaded vehicle weight 
 (LVW) of 3,750 lbs. or less, for model years commencing 
 not earlier than January 1, 2003, and not later than 
 model year 2006, considering the factors listed in 
 paragraph (2)(A)(i); or
 (iii) obtaining further reductions in emissions from 
 such vehicles will not be needed or cost effective, 
 taking into consideration alternatives as provided in 
 paragraph (2)(A)(ii),
the Administrator shall not promulgate more stringent standards 
than those in effect pursuant to subsections (g) and (h). 
Nothing in this paragraph shall prohibit the Administrator from 
exercising the Administrator's authority under subsection (a) 
to promulgate more stringent standards for light-duty vehicles 
and light-duty trucks with a loaded vehicle weight (LVW) of 
3,750 lbs. or less at any other time thereafter in accordance 
with subsection (a).
 (C) If the Administrator determines under subparagraph (A) 
that--
 (i) there is a need for further reductions in 
 emissions as provided in paragraph (2)(A);
 (ii) the technology for meeting more stringent 
 emission standards will be available, as provided in 
 paragraph (2)(A)(i), in the case of light-duty vehicles 
 and light-duty trucks with a loaded vehicle weight 
 (LVW) of 3,750 lbs. or less, for model years commencing 
 not earlier than January 1, 2003, and not later than 
 model year 2006, considering the factors listed in 
 paragraph (2)(A)(i); and
 (iii) obtaining further reductions in emissions from 
 such vehicles will be needed and cost effective, taking 
 into consideration alternatives as provided in 
 paragraph (2)(A)(ii),
the Administrator shall either promulgate the standards (and 
useful life periods) set forth in Table 3 in paragraph (1) or 
promulgate alternative standards (and useful life periods) 
which are more stringent than those referred to in subsections 
(g) and (h). Any such standards (or useful life periods) 
promulgated by the Administrator shall take effect with respect 
to any such vehicles or engines no earlier than the model year 
2003 but not later than model year 2006, as determined by the 
Administrator in the rule.
 (D) Nothing in this paragraph shall be construed by the 
Administrator or by a court as a presumption that any standards 
(or useful life period) set forth in Table 3 shall be 
promulgated in the rulemaking required under this paragraph. 
The action required of the Administrator in accordance with 
this paragraph shall be treated as a nondiscretionary duty for 
purposes of section 304(a)(2) (relating to citizen suits).
 (E) Unless the Administrator determines not to promulgate 
more stringent standards as provided in subparagraph (B) or to 
postpone the effective date of standards referred to in Table 3 
in paragraph (1) or to establish alternative standards as 
provided in subparagraph (C), effective with respect to model 
years commencing after January 1, 2003, the regulations under 
subsection (a) applicable to emissions of nonmethane 
hydrocarbons (NMHC), oxides of nitrogen (NOx), and 
carbon monoxide (CO) from motor vehicles and motor vehicle 
engines in the classes specified in Table 3 in paragraph (1) 
above shall contain standards which provide that emissions may 
not exceed the pending emission levels specified in Table 3 in 
paragraph (1).
 (j) Cold CO Standard.--
 (1) Phase i.--Not later than 12 months after the date 
 of the enactment of the Clean Air Act Amendments of 
 1990, the Administrator shall promulgate regulations 
 under subsection (a) of this section applicable to 
 emissions of carbon monoxide from 1994 and later model 
 year light-duty vehicles and light-duty trucks when 
 operated at 20 degrees Fahrenheit. The regulations 
 shall contain standards which provide that emissions of 
 carbon monoxide from a manufacturer's vehicles when 
 operated at 20 degrees Fahrenheit may not exceed, in 
 the case of light-duty vehicles, 10.0 grams per mile, 
 and in the case of light-duty trucks, a level 
 comparable in stringency to the standard applicable to 
 light-duty vehicles. The standards shall take effect 
 after model year 1993 according to a phase-in schedule 
 which requires a percentage of each manufacturer's 
 sales volume of light-duty vehicles and light-duty 
 trucks to comply with applicable standards after model 
 year 1993. The percentage shall be as specified in the 
 following table:

 
------------------------------------------------------------------------
 Model Year Percentage
------------------------------------------------------------------------
1994..................................... 40
1995..................................... 80
1996 and after........................... 100
------------------------------------------------------------------------

 (2) Phase ii.--(A) Not later than June 1, 1997, the 
 Administrator shall complete a study assessing the need 
 for further reductions in emissions of carbon monoxide 
 and the maximum reductions in such emissions achievable 
 from model year 2001 and later model year light-duty 
 vehicles and light-duty trucks when operated at 20 
 degrees Fahrenheit.
 (B)(i) If as of June 1, 1997, 6 or more nonattainment 
 areas have a carbon monoxide design value of 9.5 ppm or 
 greater, the regulations under subsection (a)(1) of 
 this section applicable to emissions of carbon monoxide 
 from model year 2002 and later model year light-duty 
 vehicles and light-duty trucks shall contain standards 
 which provide that emissions of carbon monoxide from 
 such vehicles and trucks when operated at 20 degrees 
 Fahrenheit may not exceed 3.4 grams per mile (gpm) in 
 the case of light-duty vehicles and 4.4 grams per mile 
 (gpm) in the case of light-duty trucks up to 6,000 GVWR 
 and a level comparable in stringency in the case of 
 light-duty trucks 6,000 GVWR and above.
 (ii) In determining for purposes of this subparagraph 
 whether 6 or more nonattainment areas have a carbon 
 monoxide design value of 9.5 ppm or greater, the 
 Administrator shall exclude the areas of Steubenville, 
 Ohio, and Oshkosh, Wisconsin.
 (3) Useful-life for phase i and phase ii standards.--
 In the case of the standards referred to in paragraphs 
 (1) and (2), for purposes of certification under 
 section 206 and in-use compliance under section 207, 
 the applicable useful life period shall be 5 years or 
 50,000 miles, whichever first occurs, except that the 
 Administrator may extend such useful life period (for 
 purposes of section 206, or section 207, or both) if he 
 determines that it is feasible for vehicles and engines 
 subject to such standards to meet such standards for a 
 longer useful life. If the Administrator extends such 
 useful life period, the Administrator may make an 
 appropriate adjustment of applicable standards for such 
 extended useful life. No such extended useful life 
 shall extend beyond the useful life period provided in 
 regulations under subsection (d).
 (4) Heavy-duty vehicles and engines.--The 
 Administrator may also promulgate regulations under 
 subsection (a)(1) applicable to emissions of carbon 
 monoxide from heavy-duty vehicles and engines when 
 operated at cold temperatures.
 (k) Control of Evaporative Emissions.--The Administrator 
shall promulgate (and from time to time revise) regulations 
applicable to evaporative emissions of hydrocarbons from all 
gasoline-fueled motor vehicles--
 (1) during operation; and
 (2) over 2 or more days of nonuse;
under ozone-prone summertime conditions (as determined by 
regulations of the Administrator). The regulations shall take 
effect as expeditiously as possible and shall require the 
greatest degree of emission reduction achievable by means 
reasonably expected to be available for production during any 
model year to which the regulations apply, giving appropriate 
consideration to fuel volatility, and to cost, energy, and 
safety factors associated with the application of the 
appropriate technology. The Administrator shall commence a 
rulemaking under this subsection within 12 months after the 
date of the enactment of the Clean Air Act Amendments of 1990. 
If final regulations are not promulgated under this subsection 
within 18 months after the date of the enactment of the Clean 
Air Act Amendments of 1990, the Administrator shall submit a 
statement to the Congress containing an explanation of the 
reasons for the delay and a date certain for promulgation of 
such final regulations in accordance with this Act. Such date 
certain shall not be later than 15 months after the expiration 
of such 18 month deadline.
 (l) Mobile Source-Related Air Toxics.--
 (1) Study.--Not later than 18 months after the date 
 of the enactment of the Clean Air Act Amendments of 
 1990, the Administrator shall complete a study of the 
 need for, and feasibility of, controlling emissions of 
 toxic air pollutants which are unregulated under this 
 Act and associated with motor vehicles 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 those 
 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.--Within 54 months after the date of 
 the enactment of the Clean Air Act Amendments of 1990, 
 the Administrator shall, based on the study under 
 paragraph (1), promulgate (and from time to time 
 revise) regulations under subsection (a)(1) or section 
 211(c)(1) containing reasonable requirements to control 
 hazardous air pollutants from motor vehicles and motor 
 vehicle fuels. The regulations shall contain standards 
 for such fuels or vehicles, or both, which the 
 Administrator determines reflect the greatest degree of 
 emission reduction achievable through the application 
 of technology which will be available, taking into 
 consideration the standards established under 
 subsection (a), the availability and costs of the 
 technology, and noise, energy, and safety factors, and 
 lead time. Such regulations shall not be inconsistent 
 with standards under section 202(a). The regulations 
 shall, at a minimum, apply to emissions of benzene and 
 formaldehyde.
 (m) Emissions Control Diagnostics.--
 (1) Regulations.--Within 18 months after the 
 enactment of the Clean Air Act Amendments of 1990, 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 established under this section, 
 emission-related systems deterioration or 
 malfunction, including, at a minimum, the 
 catalytic converter and oxygen sensor, which 
 could cause or result in failure of the 
 vehicles 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 Administrator, and
 (D) providing access to stored information in 
 a manner specified by the Administrator.
 The Administrator may, in the Administrator's 
 discretion, promulgate regulations requiring 
 manufacturers to install such onboard diagnostic 
 systems on heavy-duty vehicles and engines.
 (2) Effective date.--The regulations required under 
 paragraph (1) of this subsection shall take effect in 
 model year 1994, except that the Administrator may 
 waive the application of such regulations for model 
 year 1994 or 1995 (or both) with respect to any class 
 or category of motor vehicles if the Administrator 
 determines that it would be infeasible to apply the 
 regulations to that class or category in such model 
 year or years, consistent with corresponding 
 regulations or policies adopted by the California Air 
 Resources Board for such systems.
 (3) State inspection.--The Administrator shall by 
 regulation require States that have implementation 
 plans containing motor vehicle inspection and 
 maintenance programs to amend their plans within 2 
 years after promulgation of such regulations to provide 
 for inspection of onboard diagnostics systems (as 
 prescribed by regulations under paragraph (1) of this 
 subsection) and for the maintenance or repair of 
 malfunctions or system deterioration identified by or 
 affecting such diagnostics systems. Such regulations 
 shall not be inconsistent with the provisions for 
 warranties promulgated under section 207(a) and (b).
 (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 which is only 
 available from a vehicle manufacturer; and
 (C) that the output of the data from the 
 emission control diagnostics system through 
 such connectors shall be usable without the 
 need for any unique decoding information or 
 device.
 (5) Information availability.--The Administrator, by 
 regulation, shall require (subject to the provisions of 
 section 208(c) regarding the protection of methods or 
 processes entitled to protection 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, with any and all information needed 
 to make use of the emission control diagnostics system 
 prescribed under this subsection and such other 
 information including instructions for making emission 
 related diagnosis and repairs. No such information may 
 be withheld under section 208(c) if that information is 
 provided (directly or indirectly) by the manufacturer 
 to franchised dealers or other persons engaged in the 
 repair, diagnosing, or servicing of motor vehicles or 
 motor vehicle engines. Such information shall also be 
 available to the Administrator, subject to section 
 208(c), in carrying out the Administrator's 
 responsibilities under this section.

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