Page:United States Statutes at Large Volume 106 Part 4.djvu/92

 106 STAT. 2828 PUBLIC LAW 102-486—OCT. 24, 1992 closet or low consumption urinal more stringent than such amended ASME/ANSI Standard A112.19.6 for such product— "(I) would result in additional conservation of energy or water; "(II) would be technologically feasible and economically justified under subsection (o); and "(III) would be consistent with the maintenance of public health and safety. "(ii) If the Secretary makes an affirmative determination under clause (i), the final rule published under subparagraph (A) shall waive the provisions of section 327(c) with respect to any State regulation concerning the water use or water efficiency of such type or class of low consumption water closet or low consumption urinalif such State regulation— "(I) is more stringent than amended ASME/ANSI Standard Al 12.19.6 for such type or class of low consumption water closet or low consumption urinal and the standard in effect for such product on the day before the date on which a final rule is published under subparagraph (A); and "(II) is applicable to any sale or installation of all products in such type or class of low consumption water closet or low consimiption urinal. Regulations. "(C) If, after any period of five consecutive years, the maximum flush volume requirements of the ASME/ANSI standard for low consumption water closets are not amended to improve the efficiency of water use of such products, or after any such period such requirements for low consumption urinals are not amended to improve the efficiency of water use of such products, the Secretary shall, not later than six months after the end of such five-year period, publish a final rule waiving the provisions of section 327(c) with respect to any State regulation concerning the water use or water efficiency of such type or class of water closet or urinal if such State regulation— "(i) is more stringent than the standards in effect for such type or class of water closet or urinal; and "(ii) is applicable to any sale or installation of all products in such type or class of water closet or urinal."; (3) in subsection (1) (as redesignated by paragraph (1) of this subsection)— (A) in paragraphs (1) and (2), by striking out "(14)" and inserting in lieu thereof "(19)"; and (B) in paragraphs (1) and (3), by striking out "(1) and (m)" and inserting in lieu thereof "(o) and (p)"; (4) in subsection (m) (as redesignated by paragraph (1) of this subsection), by striking out "(h)" and inserting in lieu thereof "(i)"; (5) in subsection (n) (as redesignated by paragraph (1) of this subsection)— (A) in paragraph (1)— (i) by striking out "and in paragraph (13)" and inserting in lieu thereof ", and in paragraphs (13) and (14)"; and (ii) by striking out "(h)" and inserting in lieu thereof "(i)"; (B) in paragraph (2)(C), by striking out "(l)(2)(B)(i)(II) and inserting in lieu thereof "(o)(2)(B)(i)(II); and

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