Quote:
Originally Posted by rtusnake
Al Gore?  |
ROFLMAO
No
Clean Air Act of 1970 and amendments of 1977 & 1990
(c) For purposes of enforcement of this section, officers or
employees duly designated by the Administrator, upon presenting
appropriate credentials to the manufacturer or person in charge,
are authorized (1) to enter, at reasonable times, any plant or
other establishment of such manufacturers, for the purpose of
conducting tests of vehicles of engines in the hands of the
manufacturer, or (2) to inspect at reasonable times, records,
files, papers, processes, controls, and facilities used by such
manufacturer in conducting tests under regulations of the
Administrator. Each such inspection shall be commenced and
completed with reasonable promptness.
(d) The Administrator shall by regulation establish methods and
procedures for making tests under this section.
(e) The Administrator shall make available to the public the
results of his tests of any motor vehicle or motor vehicle engine
submitted by a manufacturer under subsection (a) as promptly as
possible after the enactment of the Clean Air Amendments of 1970
and at the beginning of each model year which begins thereafter.
Such results shall be described in such nontechnical manner as
will reasonably disclose to prospective ultimate purchasers of
new motor vehicles and new motor vehicle engines the comparative
performance of the vehicles and engines tested in meeting the
standards prescribed under section 202 of this Act.
(f) All light duty vehicles and engines manufactured during or
after model year 1984 and all light-duty trucks manufactured
during or after model year 1995 shall comply with the
requirements of section 202 of this Act regardless of the
altitude at which they are sold.
(g)(1) In the case of any class or category of heavy-duty
vehicles or engines to which a standard promulgated under section
202(a) of this Act applies, except as provided in paragraph (2),
a certificate of conformity shall be issued under subsection (a)
and shall not be suspended or revoked under subsection (b) for
vehicles or engines manufactured by a manufacturer notwith-
standing the failure of such vehicles or engines to meet such
standard if such manufacturer pays a nonconformance penalty as
provided under regulations promulgated by the Administrator after
notice and opportunity for public hearing. In the case of
motorcycles to which such a standard applies, such a certificate
may be issued notwithstanding such failure if the manufacturer
pays such a penalty.
(2) No certificate of conformity may be issued under paragraph
(1) with respect to any class or category of vehicle or engine if
the degree by which the manufacturer fails to meet any standard
promulgated under section 202(a) with respect to such class or
category exceeds the percentage determined under regulations
promulgated by the Administrator to be practicable. Such regula-
tions shall require such testing of vehicle or engines being
produced as may be necessary to determine the percentage of the
classes or categories of vehicles or engines which are not in
compliance with the regulations with respect to which a certifi-
cate of conformity was issued and shall be promulgated not later
than one year after the date of enactment of the Clean Air Act
Amendments of 1977.
(3) The regulations promulgated under paragraph (1) shall, not
later than one year after the date of enactment of the Clean Air
Act Amendments of 1977, provide for nonconformance penalties in
amounts determined under a formula established by the Administra-
tor. Such penalties under such formula-
(A) may vary from pollutant-to-pollutant;
(B) may vary by class or category or vehicle or engine;
(C) shall take into account the extent to which actual
emissions of any air pollutant exceed allowable emissions
under the standards promulgated under section 202;
(D) shall be increased periodically in order to create
incentives for the development of production vehicles or
engines which achieve the required degree of emission reduc-
tion; and
(E) shall remove any competitive disadvantage to manufac-
turers whose engines or vehicles achieve the required degree
of emission reduction (including any such disadvantage
arising from the application of paragraph (4)).
(4) In any case in which a certificate of conformity has been
issued under this subsection, any warranty required under section
207(b)(2) and any action under section 207(c) shall be required
to be effective only for the emission levels which the
Administrator determines that such certificate was issued and not
for the emission levels required under the applicable standard.
(5) The authorities of section 208(a) shall apply, subject to
the conditions of section 208(b), for purposes of this
subsection.
(h) Within 18 months after the enactment of the Clean Air Act
Amendments of 1990, the Administrator shall review and revise as
necessary the regulations under subsection (a) and (b) of this
section regarding the testing of motor vehicles and motor vehicle
engines to insure that vehicles are tested under circumstances
which reflect the actual current driving conditions under which
motor vehicles are used, including conditions relating to fuel,
temperature, acceleration, and altitude.
[42 U.S.C. 7525]
COMPLIANCE BY VEHICLES AND ENGINES IN ACTUAL USE
Sec. 207. (a)(1) Effective with respect to vehicles and
enginesmanufactured in model years beginning more than 60 days
after the date of the enactment of the Clean Air Amendments of
1970, the manufacturer of each new motor vehicle and new motor
vehicle engine shall warrant to the ultimate purchaser and each
subsequent purchaser that such vehicle or engine is (A) designed,
built, and equipped so as to conform at the time of sale with
applicable regulations under section 202, and (B) free from
defects in materials and workmanship which cause such vehicle or
engine to fail to conform with applicable regulations for its
useful life (as determined under section 202(d). In the case of
vehicles and engines manufactured in the model year 1995 and
thereafter such warranty shall require that the vehicle or engine
is free from any such defects for the warranty period provided
under subsection (i).
(2) In the case of a motor vehicle part or motor vehicle engine
part, the manufacturer or rebuilder of such part may certify that
use of such part will not result in a failure of the vehicle or
engine to comply with emission standards promulgated under
section 202. Such certification shall be made onlyunder such
regulations as may be promulgated by the Administrator to carry
out the purposes of subsection (b). The Administrator shall
promulgate such regulations no later than two years following the
date of the enactment of this paragraph.