91 STAT. 768
Report to Congress.
Certificate of conformity. Ante, p. 758.
Ante, pp. 759, 760, 765; Post, p. 791.
Motorcycles.
JU
Vehicles or engines, testing.
Penalties.
Ante, pp. 702, 751-753, 758-761, 765, 767; Post, pp. 769, 791.
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Ante, p. 756.
PUBLIC LAW 95-95—AUG. 7, 1977 "(2) The study shall also include an analysis of particulate emissions from mobile sources which are not related to engine emissions (including, but not limited to tire debris, and asbestos from brake lining). "(b) The Administrator shall report to the Congress the findings and results of the study conducted under subsection (a) not later than two years after the date of the enactment of the Clean Air Act Amendments of 1977. Such report shall also include recommendations for standards or methods to regulate particulate emissions described in paragraph (2) of subsection (a).", (e) Section 206 of such Act (relating to compliance testing and certification) is amended by adding the following new subsection at the end thereof: "(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 such vehicles or engines manufactured by a manufacturer notwithstanding 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 regulations shall require such testing of vehicles 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 certificate 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 Administrator. Such penalties under such formula— " CA) may vary from pollutant-to-pollutant: j= "(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) be increased periodically in order to create incentives for the development of production vehicles or engines which achieve the required degree of emission reduction; and " (E) shall remove any competitive disadvantage to manufacturers 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)
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