§7543 State Standards

Summary

States may not make or try to enforce their own rules about emissions from new motor vehicles or new motor vehicle engines covered by this law. States also may not require certification, inspection, or other approvals about emissions before a new vehicle or engine can be sold at retail, titled, or registered. If the federal government has set rules for a vehicle part under section 7541(a)(2), a state cannot set its own emissions rules for that same part (unless the Administrator has waived the federal ban for that state). States still keep the power to control how registered or licensed vehicles are used, driven, or moved. The Administrator can grant a waiver letting a State keep rules it adopted before March 30, 1966 (except crankcase rules) if the State finds its rules are at least as protective of public health and welfare as federal rules. The Administrator must deny a waiver if the State’s decision is arbitrary, if the State does not need the rules for compelling and extraordinary conditions, or if the rules conflict with section 7521(a). If State standards are at least as strict as federal ones, they count as equally protective. States may not set standards for new nonroad engines under 175 horsepower used in construction or farming, or for new locomotives or locomotive engines. For other nonroad engines, California can be authorized to set standards after hearing, and other States with approved plans may adopt identical California standards if they notify the Administrator and both adopt the rules at least 2 years before they take effect. The Administrator must issue rules to carry out these parts.