36 



tion or control Is identical to the prohibition or 

 control prescribed by the Administrator. 



(B) Any State for which application of section 

 1857f-6a(a) of this title has at any time been waived 

 under section 1857f-6a(b> of this title may at any 

 time prescribe and enforce, for the purpose of motor 

 vehicle emission control, a control or prohibition 

 respecting any fuel or fuel additive. 



(C) A State may prescribe and enforce, for pur- 

 poses of motor vehicle emission control, a control 

 or prohibition respecting the use of a fuel or fuel 

 additive in a motor vehicle or motor vehicle engine 

 If an applicable implementation plan for such State 

 under section 1857c-5 of this title so provides. The 

 Administrator may approve such provision In an 

 implementation plan, or promulgate an implemen- 

 tation plan containing such a provision, only if he 

 finds that the State control or prohibition is neces- 

 sary to achieve the national primary or secondary 

 ambient air quality standard which the plan 

 implements. 



(d) Penalty. 



Any person who violates subsection (a) of this 

 •ectlon or the regulation prescribed under subsec- 

 tion (0) of thli seotlon or who falls to furnish any 

 Information required by the Administrator under 

 subsection (b) of this section shall forfeit and pay 

 to the United States a civil penalty of $10,000 foi; 

 each and every day of the continuance of such vio- 

 lation, wWch shall accrue to the United States and 

 be recovered in a civil suit in the name of the United 

 States, brought in the district where such person 

 has his principal ofBce or In any district in which 

 he does business. The Administrator may, upon ap- 

 plication therefor, remit or mitigate any forfeiture 

 provided for in this subsection and he shall have au- 

 thority to determine the facts upon all such appli- 

 cations. (As amended Nov. 18, 1971, Pub. L. 92-157, 

 title III, i 302(d), (e), 85 Stat. 464.) 

 Amendments 

 1971— Subsec. (c) (8) (A) . Pub, L. 92-167, I 30a(d) . sub- 

 stituted "purpose of obtaining" for "purpose of." 



Subiec. (d) . Pub. L. 92-167, I 302 (e) , substituted "sub- 

 section (b)" for "subsection (c)" where appearing the 

 second time. 



1970— Subsec. (a). Pub. L. 91-604. 5 9(a), subatltuted 

 "Administrator" for "Secretary" as the registering author- 

 ity, added references to fuel additives, and substituted 

 the selling, offering for sale, and introduction Into com- 

 merce of fuel or fuel addltlvee, for the dellveo? for In- 

 troduction Into Interstate commerce or delivery to an- 

 other person who can reasonably be expected to deliver 

 fuel Into Interstate commerce. 



Subsec. (b). Pub. L. 91-604, S 9(a), designated existing 

 provisions as pars. (1) and (3), added par. (2). and 

 substituted "Administrator" for "Secretary" wherever 

 appearing. 



Subsec. (c). Pub. L. 91-604, 19(a), sutwtltuted pro- 

 visions covering the control or prohibition of offending 

 fuels and fuel additives, for provisions covering trade 

 secrets and substituted "Administrator" for "Secretary" 

 wherever appearing. 



Subsec. (d). Pub. L. 91-604, «9(a), added refer- 

 ences to failure to obey regulations prescribed under 

 subsec. (c) and failure to furnish information required 

 by the Administrator under subsec. (c) , Increased the 

 dally civil penalty from »1,000 to SIO.OOO and substituted 

 "Administrator" for "Secretary". 



Subsec. (e). Pub. L. 91-604, I 9(a). struck out subsec. 

 (e) which directed the various United States Attorneys 

 to prosecute for the recovery of forfeitures. 



§1857f-6d. Repealed. Pub. L. 91-«04, §8(a), Dec 31, 

 1970, 84 Stat. 1694. 

 Section, act July 14, 1955. ch. 360. title II, i 211, as 

 added Nov. 21, 1967. Pub. L. 90-148. §2. 81 Stat. 503, 

 provided for a national emissions standards study for 

 stationary sources to be conducted by the Secretary, with 

 a report and recommendations to be submitted to the 

 Congress by Nov. 21, 1969. and for a study of the feasibil- 

 ity of controls for ]et and piston aircraft engines, with 

 a report thereon to Congress by Nov. 21. 1968. 



§ 1857f-6e. Low-emission vehicles, 

 (a) Definitions. 

 For the purpose of this section — 



(1) The term "Board" means the Low-Emis- 

 sion Vehicle Certification Board. 



(2) The term "Federal Government" includes 

 the legislative, executive, and judicial branches of 

 the Government of the United States, and the 

 government of the District of Columbia. 



(3) The term "motor vehicle" means any self- - 

 propelled vehicle designed for use in the United 

 States on the highways, other than a vehicle de- 

 signed or used for military field training, com- 

 bat, or tactical purposes. 



(4) The term "low-emission vehicle" means 

 any motor vehicle which — 



(A) emits any air pollutant in amounts sig- 

 nificantly below new motor vehicle standards 

 applicable imder section 1857f-l of this title 

 at the time of procurement to that type of ve- 

 hicle; and 



(B) with respect to all other air pollutants 

 meets the new motor vehicle standards applica- 

 ble under section 1875f-l of this title at the 

 time of procurement to that type of vehicle. 



(5) The term "retail price" means (A) the 

 maximum statutory price applicable to any class or 

 model of motor vehicle; or (B) in any case where 

 three is no applicable maximum statutory price, 

 the most recent procurement price paid for any 

 class or model of motor vehicle. 



(b) Low-Emission Vehicle Certification Board; estab- 

 lishment; composition; appointment; Chairman; 

 compensation; travel expenses; employment and 

 compensation of additional personnel; time and 

 place of meetings: powers. 



(1) There is established a Low-Emission Vehicle 

 Certification Board to be composed of the Adminis- 

 trator or his designee, the Secretary of Transpor- 

 tation or his designee, the Chairman of the Council 

 on Environmental Quality or his designee, the Di- 

 rector of the National Highway Safety Bureau in 

 the Department of Transportation, the Adminis- 

 trator of General Services, and two members ap- 

 pointed by the President. The President shall desig- 

 nate one member of the Board as Chairman. 



(2) Any member of the Board not employed by 

 the United States may receive compensation at the 

 rate of $125 for each day such member is engaged 

 upon work of the Board. Each member of the 

 Board shall be reimbursed for travel expenses. In- 

 cluding per diem in lieu of subsistence as author- 

 ized by section 5703 of Title 5 for persons In the 

 Government service employed intermittently. 



(3) (A) The Chairman, with the concurrence of 

 the members of the Board, may employ and fix the 



