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§1857f-6c. Regulation of fuels. 



(a) Authority of Administrator to reRulate. 



The Administrator may by regulation designate 

 any fuel or fuel additive and, after such date or 

 dates as may be prescribed by him, no manufacturer 

 or processor of any such fuel or additive may sell, 

 offer for sale, or Introduce Into commerce such fuel 

 or additive unless the Administrator has registered 

 such fuel or additive In accordance with subsection 



(b) of this section. 



(b) Registration requirement. 



(1) For the purpose of registration of fuels and 

 fuel additives, the Administrator shall require— 



(A) the manufacturer of any fuel to notify him 

 as to the commercial Identifying name and manu- 

 facturer of any additive contained In such fuel; 

 the range of concentration of any additive In the 

 fuel; and the purpose-ln-use of any such additive; 

 and 



(B) the manufacturer of any additive to notify 

 him as to the chemical composition of such 

 additive. 



(2) For the purpose of registration of fuels and 

 fuel additives, the Administrator may also require 

 the manufacturer of any fuel or fuel additive — 



(A) to conduct tests to determine potential pub- 

 lic health effects of such fuel or additive (includ- 

 ing, but not limited to, carcinogenic, teratogenic, 

 or mutagenic effects) , and 



(B) to furnish the description of any analytical 

 technique that can be used to detect and measure 

 any additive in such fuel, the recommended range 

 of concentration of such additive, and the recom- 

 mended purpose-in-use of such additive, and such 

 other information as is reasonable and necessary 

 to determine the emissions, resulting from the use 

 of the fuel or additive contained in such fuel, the 

 effect of such fuel or additive on the emission con- 

 trol performance of any vehicle or vehicle engine, 

 or the extent to which such emissions affect the 

 public health or welfare. '' 



Tests under subparagraph (A) shall be conducted 

 in conformity with test procedures and protocols 

 established by the Administrator, The result of such 

 tests shall not be considered confidential. 



(3) Upon compliance with the provision of this 

 subsection, including assurances that the Adminis- 

 trator will receive changes in the information re- 

 quired, the Administrator shall register such fuel or 

 fuel additive. 



(c) Control or prohibition of offending fuels and fuel 

 additives. 



( 1 ) The Administrator may, from time to time on 

 the basis of information obtained under subsection 

 (b) of this section or other information available 

 to him, by regulation, control or prohibit the manu- 

 facture, introduction into commerce, offering for 

 sale, or sale of any fuel or fuel additive for use In 

 a motor vehicle or motor vehicle engine (A) if any 

 emission products of such fuel or fuel additive will 

 endanger the public health or welfare, or (B) if 

 emission products of such fuel or fuel additive will 

 Impair to a significant degree the performance of 

 any emission control device or system which is in 



general use, or which the Administrator finds has 

 been developed to a point where In a reasonable 

 time it would be In general use were such regula- 

 tion to be promulgated. 



(2) (A) No fuel, class of fuels, or fuel additive 

 may be controlled or prohibited by the Administrator 

 pursuant to clause (A) of paragraph (1) except after 

 consideration of all relevant medical and scientific 

 evidence available to him, including consideration 

 of other technologically or economically feasible 

 means of achieving emission standards under section 

 18S7f-l of this title. 



(B) No fuel or fuel additive may be controlled or 

 prohibited by the Administrator pursuant to clause 

 (B) of paragraph (1) except after consideration of 

 available scientific and economic data, Including a 

 cost benefit analysis comparing emission control de- 

 vices or systems which are or will be in general use 

 and require the proposed control or prohibition with 

 emission control devices or systems which are or 

 will be in general use and do not require the pro- 

 posed control or prohibition. On request of a manu- 

 facturer of motor vehicles, motor vehicle engines, 

 fuels, or fuel additives submitted within 10 days of 

 notice of proposed rulemaking, the Administrator 

 shall hold a public hearing and publish findings with 

 respect to any matter he is required to consider 

 under this subparagraph. Such findings shall be 

 published at the time of promulgation of final 

 regulations. 



(C) No fuel or fuel additive may be prohibited 

 by the Administrator under paragraph ( 1 ) unless he 

 finds, and publishes such finding, that In his judg- 

 ment such prohibition will not cause the use of any 

 other fuel or fuel additive which will produce emis- 

 sions which will endanger the public health or wel- 

 fare to the same or greater degree than the use of 

 the fuel or fuel additive proposed to be prohibited. 



(3) (A) For the purpose of obtaining evidence and 

 data to carry out pyaragraph (2), the Administrator 

 may require the manufacturer of any motor vehicle 

 or motor vehicle engine to furnish any Information 

 which has been developed concerning the emlssiwis 

 from motor vehicles resulting from the use of any 

 fuel or fuel additive, or the effect of such use on the 

 performance of any emission control device or 

 system. 



(B) In obtSLining information under subparagraph 

 (A), section 1857h-5(a) of this title (relating to 

 subpenas) shall be applicable. 



(4) (A) Except as otherwise provided in subpara- 

 graph (B) or (C), no State (or political subdivision 

 thereof) may prescribe or attempt to enforce, for 

 purposes of motor vehicle emission control, any con- 

 trol or prohibition respecting use of a fuel or fuel 

 additive in a motor vehicle or motor vehicle engine — 



(I) if the Administrator has found that no con- 

 trol or prohibition under paragraph (1) is neces- 

 sary and has published his finding in the Federal 

 Register, or 



(II) if the Administrator has prescribed under 

 paragraph (Da control or prohibition applicable 

 to such fuel or fuel additive, unless State prohlbl- 



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