[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR85.1603]

[Page 562-563]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 85--CONTROL OF AIR POLLUTION FROM MOBILE SOURCES--Table of Contents
 
   Subpart Q--Preemption of State Standards and Waiver Procedures for 
                  Nonroad Engines and Nonroad Vehicles
 
Sec. 85.1603  Application of definitions; scope of preemption.

    (a) For equipment that is used in applications in addition to 
farming or construction activities, if the equipment is primarily used 
as farm and/or construction equipment or vehicles, as defined in this 
subpart, it is considered farm or construction equipment or vehicles.
    (b) States and any political subdivisions thereof are preempted from 
adopting or enforcing standards or other requirements from new engines 
smaller than 175 horsepower, that are primarily used in farm or 
construction equipment or vehicles, as defined in this subpart.
    (c)(1) States and any political subdivisions thereof are preempted 
from adopting or enforcing standards or other requirements relating to 
the control of emissions from new locomotives and new engines used in 
locomotives.
    (2) During a period equivalent in length to 133 percent of the 
useful life, expressed as MW-hrs (or miles where applicable), beginning 
at the point at

[[Page 563]]

which the locomotive or engine becomes new, those standards or other 
requirements which are preempted include, but are not limited to, the 
following: emission standards, mandatory fleet average standards, 
certification requirements, aftermarket equipment requirements, and 
nonfederal in-use testing requirements. The standards and other 
requirements specified in the preceding sentence are preempted whether 
applicable to new or other locomotives or locomotive engines.
    (d) No state or any political subdivisions thereof shall enforce any 
standards or other requirements relating to the control of emissions 
from nonroad engines or vehicles except as provided for in this subpart.

[59 FR 36987, July 20, 1994, as amended at 62 FR 67736, Dec. 30, 1997; 
63 FR 18998, Apr. 16, 1998]