[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: 40CFR85.1606]

[Page 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. 85.1606  Adoption of California standards by other states.

    Any state other than California which has plan provisions approved 
under Part D of Title I of the Clean Air Act may adopt and enforce 
emission standards for any period, for nonroad vehicles and engines 
subject to the following requirements:
    (a) The state must provide notice to the Administrator that it has 
adopted such standards.
    (b) Such standards shall not apply to new engines which are used in 
construction equipment or vehicles or used in farm equipment or vehicles 
and which are smaller than 175 horsepower or to new locomotives or new 
engines used in locomotives.
    (c) Such standards and implementation and enforcement shall be 
identical, for the period concerned, to the California standards 
authorized by the Administrator.
    (d) The state shall adopt such standards at least two years before 
commencement of the period for which the standards take effect.
    (e) California shall have adopted such standards two years before 
commencement of the period for which the standards take effect in the 
state that is adopting under section 209(e)(2)(B).

[59 FR 36987, July 20, 1994, as amended at 62 FR 67736, Dec. 30, 1997]