Page:United States Statutes at Large Volume 104 Part 4.djvu/172

 104 STAT. 2488 PUBLIC LAW 101-549—NOV. 15, 1990 (a), by such manufacturer or by any person whom the manufacturer engages to perform any such activity. Confidential "(c) AvAiLABiuTY TO THE PuBLic; TRADE SECRETS. —Any records, by^iness reports, or information obtained under this part or part C shall be mformation. available to the public, except that upon a showing satisfactory to the Administrator by any person that records, reports, or information, or a particular portion thereof (other than emission data), to which the Administrator has access under this section, if made public, would divulge methods or processes entitled to protection as trade secrets of that person, the Administrator shall consider the record, report, or information or particular portion thereof confidential in accordance with the purposes of section 1905 of title 18 of the United States Code. Any authorized representative of the Administrator shall be considered an employee of the United States for purposes of section 1905 of title 18 of the United States Code, Nothing in this section shall prohibit the Administrator or authorized representative of the Administrator from disclosing records, reports or information to other officers, employees or authorized representatives of the United States concerned with carry- ing out this Act or when relevant in any proceeding under this Act. Nothing in this section shall authorize the withholding of information by the Administrator or any officer or employee under the Administrator's control from the duly authorized committees of the Congress.". SEC. 212. NONROAD FUELS. (a) FUELS AND FUEL ADDITIVES.— Section 211(a) of the Clean Air Act (42 U.S.C. 7545(a)) is amended by inserting "(including any fuel or fuel additive used exclusively in nonroad engines or nonroad vehicles)" immediately after "fuel or fuel additive". (b) ANALYTICAL TECHNIQUES.— Section 211(b)(2)(B) of the Clean Air Act (42 U.S.C. 7545(2)(B)) is amended by striking "or" after "vehicle" and inserting in lieu thereof a comma, and by inserting immediately after "vehicle engine," the phrase: "nonroad engine or nonroad vehicle ". (c) REGULATION.— Section 211(c)(l) of the Clean Air Act (42 U.S.C. 7545(c)(l)) is amended by striking "or" after "motor vehicle" and inserting in lieu thereof a comma, and by inserting immediately after "motor vehicle engine" a comma followed by "or nonroad engine or nonroad vehicle". SEC. 213. STATE FUEL REGULATION. (a) IN GENERAL. — Section 211(c)(4)(A) of the Clean Air Act (42 U.S.C. 7545(c)(4)(A)) is amended as follows: (1) Strike out "use of a" and insert "any characteristic or component of a". (2) In clause (i) after "control or prohibition" insert "of the characteristic or component of a fuel or fuel additive". (3) In clause (ii) after "such" insert "characteristic or component of a". (b) FINDING OF NECESSITY. — Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C)) is amended by adding the following at the end: "The Administrator may find that a State control or prohibition is necessary to achieve that standard if no other measures that would bring about timely attainment exist, or if other measures exist and are technically possible to implement, but are unreasonable or impracticable. The Administrator may make a

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