No State or any political subdivision thereof shall adopt or attempt to enforce any standard relating to the control of emissions from new motor vehicles or new motor vehicle engines subject to this part. No State shall require certification, inspection, or any other approval relating to the control of emissions from any new motor vehicle or new motor vehicle engine as condition precedent to the initial retail sale, titling (if any), or registration of such motor vehicle, motor vehicle engine, or equipment.
Whenever a regulation with respect to any motor vehicle part or motor vehicle engine part is in effect under section State or political subdivision thereof shall adopt or attempt to enforce any standard or any requirement of certification, inspection, or approval which relates to motor vehicle emissions and is applicable to the same aspect of such part. The preceding sentence shall not apply in the case of a State with respect to which a waiver is in effect under subsection (b).of this title, no
Nothing in this part shall preclude or deny to any State or political subdivision thereof the right otherwise to control, regulate, or restrict the use, operation, or movement of registered or licensed motor vehicles.
No State or any political subdivision thereof shall adopt or attempt to enforce any standard or other requirement relating to the control of emissions from either of the following new nonroad engines or nonroad vehicles subject to regulation under this chapter-
Subsection (b) shall not apply for purposes of this paragraph.
The Administrator shall issue regulations to implement this subsection.
42 U.S.C. § 7543
CODIFICATIONSection was formerly classified to sectionof this title.
PRIOR PROVISIONSA prior section 209 of act July 14, 1955, as added Nov. 21, 1967, Pub. L. 90-148, §2, 81 Stat. 502, was renumbered section 210 by Pub. L. 91-604 and is classified to sectionof this title. Another prior section 209 of act July 14, 1955, ch. 360, title II, as added Oct. 20, 1965, Pub. L. 89-272, title I, §101(8), 79 Stat. 995, related to appropriations for the fiscal years ending June 30, 1966, 1967, 1968, and 1969, and was classified to section of this title, prior to repeal by Pub. L. 89-675, §2(b), Oct. 15, 1966, 80 Stat. 954.
AMENDMENTS1990-Subsec. (e). Pub. L. 101-549 added subsec. (e). 1977-Subsec. (b). Pub. L. 95-95, §207, designated existing provisions as par. (1), substituted "March 30, 1966, if the State determines that the State standards will be, in the aggregate, at least as protective of public health and welfare as applicable Federal standards" for "March 30, 1966, unless he finds that such State does not require standards more stringent than applicable Federal standards to meet compelling the extraordinary conditions or that such State standards and accompanying enforcement procedures are not consistent with section of this title", added subpars. (A), (B), and (C), and added pars. (2) and (3). Subsecs. (c), (d). Pub. L. 95-95, §221, added subsec. (c) and redesignated former subsec. (c) as (d). 1970-Subsec. (a). Pub. L. 91-604, §11(a)(2)(A), substituted "part" for "subchapter".Subsec. (b). Pub. L. 91-604, §15(c)(2), substituted "Administrator" for "Secretary". Subsec. (c). Pub. L. 91-604, §11(a)(2)(A), substituted "part" for "subchapter".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) of Pub. L. 95-95 set out as a note under sectionof this title.
MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS, DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS, DELEGATIONS, AND OTHER ACTIONSAll rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursuant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95-95 [this chapter], see section 406(b) of Pub. L. 95-95 set out as an Effective Date of 1977 Amendment note under sectionof this title.
- The term "Administrator" means the Administrator of the Environmental Protection Agency.
- The term "Secretary" means the Secretary of Housing and Urban Development.1 See References in Text note below.
- The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa and includes the Commonwealth of the Northern Mariana Islands.