Opposition — Environmental Protection Agency v. Brown

IN THE

SUPREME COURT OF THE UNIT

LL.

“*

Supreme Court, U.% °

FILED

“-

at

ad

.

APR 26 1976

RD. STATES. CLERK

No. 75-909

TRUSTEES OF THE CALIFORNIA STATE

UNIVERSITY AND COLLEGES, et al.,

Petitioner,

v.

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

EDMUND G. BROWN, JR., GOVERNOR OF

THE STATE OF CALIFORNIA, et al.,

Petitioner,

Vv.

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

CALIFORNIA AIR RESOURCES BOARD

et al.,

Petitioner,

Vv.

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

RESPONSE TO PETITION FOR A WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

EVELLE J. YOUNGER

Attorney General of

the State of California

CARL BORONKAY

Assistant Attorney General

JOEL S. MOSKOWITZ

Deputy Attorney General

555 Capitol Mall, Suite 550

Sacramento, California 95814

Telephone: (916) 445-2256

Attorneys for The State of

California

Petitioners

printed im CALIFORNIA OFFICE OF STATE PRINTING

TABLE OF CONTENTS

Page

OPINION BELOW -------------------------------------- 2

JURISDICTION ---------------------------------------- 2

QUESTION PRESENT ---------------------------------- 2

CONSTITUTIONAL AND STATUTORY PROVISIONS

AND REGULATIONS INVOLVED --------------------- 2

STATEMENT OF THE CASE --------------------------- 3

REASONS FOR DENYING THE WRIT ------------------ 3

CONCLUSION -.-.---------------------------------------- 4

TABLE OF AUTHORITIES CITED

CASES

Brown v. Environmental Protection Agency, 521 F.2d 827 ---- 2

UNITED STATES CODES

98 U.S.C. § 1254(1) -------------------------------------- 2

Constitution, statutes and regulations :

United States Constitution :

Article I, Section 8 __----.---------------------------- 5

Tenth Amendment __--------------------------------- 5

Clean Air Act, 81 Stat. 485, as amended,

42 U.S.C. 1857 et seq. :

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See. 113(a) (2)

See. 113(a) (4)

See. 113(b)

See. 302

Regulations

40 C.F.R.

40 C.F.R.

52.23

52.242

IN THE

SUPREME COURT OF THE UNITED STATES

No. 75-909

TRUSTEES OF THE CALIFORNIA STATE

UNIVERSITY AND COLLEGES, et al.,

Petitioner,

v.

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

EDMUND G. BROWN, JR., GOVERNOR OF

THE STATE OF CALIFORNIA, et al.,

Petitioner,

v.

ENVIRONMENTAL PROTECTION AGENCY,

Respondent

CALIFORNIA AIR RESOURCES BOARD

et al.,

Petitioner,

v.

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

RESPONSE TO PETITION FOR A WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

The Attorney General of the State of California, on

behalf of Edmund G. Brown, Jr., Governor of the

—

State of California, et al., pursuant to the order of

this Court, responds hereby to the Petition for Writ

of Certiorari to Review the Judgment of the United

States Court of Appeals of the Ninth Cireuit in this

ease.

OPINION BELOW

The opinion of the Court of Appeals for the Ninth

Circuit in Brown v. Environmental Protection Agency

(Nos. 73-3306; 73-3305; 73-3307) dated August 15,

1975, is reported at 521 F.2d 827.

JURISDICTION

The jurisdiction of this Court was invoked by peti-

tioner, Environmental Protection Agency, pursuant to

28 U.S.C. 1254(1). Petition for Writ of Certiorari,

p. 2.

QUESTION PRESENTED

Whether the Clean Air Act empowers the Admin-

istrator of the Environmental Protection Agency to

impose sanctions on a State, or on administrative offi-

cials of the State, should the State or the officials fail

to administer and enforce an implementation plan

adopted by the Administrator.

CONSTITUTIONAL AND STATUTORY PROVISIONS

AND REGULATIONS INVOLVED

The pertinent provisions and regulations are set

forth in Appendix A, infra, pp. =e

5-22.

—

STATEMENT OF THE CASE

The opinion of the lower court (521 F.2d 827)

accurately articulates the posture of the instant case.

Petition for Writ of Certiorari, pp. 3a—Ta.

REASONS FOR DENYING THE WRIT

The sole holding of the Court below is that the

Clean Air Act does not authorize the ‘imposition of

sanctions on a State or its officials for failure to com-

ply with the administrator’s regulations which di-

rects the State to regulate the pollution-creating

activities of those other than itself * * *.’’ Petition

for Writ of Certiorari, Appendix A, p. 9a.

It is submitted that this is an insufficiently im-

portant question of federal law to merit decision by

this Court. Supreme Court Rules, Rule 19.

Even if the constitutional question had been de-

cided by the Court below, it is submitted that it is

so clear as to be almost a postulate of our federal

system that a federal administrator may not employ

the Commerce Clause to justify forcing State gov-

ernors to propose state legislation as dictated by a

federal Administrator, State legislators to consider

and adopt the proposals, the Governor to sign the

legislation, and State agencies to promulgate regula-

tions as dictated by the Administrator, under the

threat of fining, and perhaps jailing the Governor,

dissenting legislators, and agency heads. This prop-

—

osition is not sufficiently in doubt as to require con-

sideration by this Court.

CONCLUSION

For the foregoing reasons, the Petition for Writ

of Certiorari should be denied.

Respectfully submitted,

EVELLE J. YOUNGER

Attorney General of

the State of California

CARL BORONKAY

Assistant Attorney General

JOEL 8S. MOSKOWITZ

Deputy Attorney General

_= — ——

JOEL 8S. MOSKOWITZ

Attorneys for Petitioners

April 1976

— im

APPENDIX A

CONSTITUTIONAL PROVISIONS, STATUTES

AND REGULATIONS INVOLVED

I. The Constitution of the United States provides

in pertinent part:

Article I, Section 8:

The Congress shall have Power * * *

To regulate Commerce * * * among the sev-

eral States * * *

Tenth Amendment:

The powers not delegated to the United

States by the Constitution, nor prohibited by it

to the States, are reserved to the States respec-

tively, or to the people.

II. Sections 101, 107, 110, 113 and 302(e) of the

Clean Air Act of 1967, 81 Stat. 485, as amended by

the Clean Air Act Amendments of 1970, 84 Stats. 1676,

42 U.S.C. 1857 et seq., as amended by Section 302, 85

Stat. 464 and Section 4 of the Energy Supply and

Environmental Coordination Act of 1974, Pub. L. No.

93-319, 88 Stat. 256, provide in relevant part:

Section 101 (42 U.S.C. 1857)

Congressional findings; purposes of subchapter.

(a) The Congress finds—

(1) that the predominant part of the Nation’s

population is located in its rapidly expanding

metropolitan and other urban areas, which gen-

erally cross the boundary lines of local jurisdic-

tions and often extend into two or more States;

(2) that the growth in the amount and complex-

ity of air pollution brought about by urbanization,

— wn

industrial development, and the increasing use of

motor vehicles, has resulted in mounting dangers

to the public health and welfare, including injury

to agricultural crops and livestock, damage to and

the deterioration of property, and hazards to air

and ground transportation ;

(3) that the prevention and control of air pollu-

tion at its source is the primary responsibility of

States and local governments; and

(4) that Federal financial assistance and leader-

ship is essential for the development of cooperative

Federal, State, regional, and local programs to pre-

vent and control air pollution.

(b) The purposes of this subchapter are—

(1) to protect and enhance the quality of the

Nation’s air resources so as to promote the public

health and welfare and the productive capacity of

its population ;

(2) to initiate and accelerate a national research

and development program to achieve the preven-

tion and control of air pollution;

(3) to provide technical and financial assistance

to State and local governments in connection with

the development and execution of their air pollu-

tion prevention and control programs; and

(4) to encourage and assist the development and

operation of regional air pollution control pro-

grams.

Section 107 (42 U.S.C 1857e-2)

Air quality control regions.

(a) Responsibility of State for air quality;

submission of implementation plan.

Each State shall have the primary responsibility

for assuring air quality within the entire geo-

graphic area comprising such State by submitting

—~

an implementation plan for such State which will

specify the manner in which national primary

and secondary ambient air quality standards will

be achieved and maintained within each air quality

control region in such State.

Section 110 (42 U.S.C. 1857¢-5)

State implementation plans for national primary

and secondary ambient air quality standards.

(a)(1) Each State shall, after reasonable no-

tice and public hearings, adopt and submit to

the Administrator, within nine months after

the promulgation of a national primary ambient

air quality standard (or any revision thereof)

under section 109 for any air pollutant, a plan

which provides for ‘mplementation, mainte-

nance. and enforcement of such primary stand-

ard in each air quality control region (or por-

tion thereof) within such State. In addition,

such State shall adopt and submit to the

Administrator (either as a part of a plan sub-

mitted under the preceding sentence or sepa-

rately) within nine months after the promulga-

tion of a national ambient air quality secondary

standard (or revision thereof), a plan which

provides for implementation, maintenance, and

enforcement of such secondary standard in each

air quality control region (or portion thereof)

within such State. Unless a separate public

hearing is provided, each State shall consider

its plan implementing such secondary standard

at the hearing required by the first sentence of

this paragraph.

(2) The Administrator shall, within four months

after the date required for submission of a plan

CO

=

under paragraph (1), approve or disapprove such

plan for each portion thereof. The Administrator

shall approve such plan, or any portion thereof, if

he determines that it was adopted after reasonable

notice and hearing and that—

(A)(i) in the case of a plan implementing a

national primary ambient air quality standard,

it provides for the attainment of such primary

standard as expeditiously as practicable but

(subject to subsection (e)) in no case later than

three years from the date of approval of such

plan (or any revision thereof to take account

of a revised primary standard); and, (ii) in

the case of a plan implementing a national see-

ondary ambient air quality standard, it speci-

fies a reasonable time at which such secondary

standard will be attained ;

(B) it ineludes emission limitations, sched-

ules, and timetables for compliance with such

limitations, and such other measures as may be

necessary to insure attainment and maintenance

of such primary or secondary standard, includ-

ing, but not limited to, land-use and transporta-

tion controls;

(C) it ineludes provision for establishment

and operation of appropriate devices, methods,

systems, and procedures necessary to (i) moni-

tor, compile, and analyze data on ambient air

quality and, (ii) wpon request, make such data

available to the Administrator ;

(D) it includes a procedure, meeting the re-

quirements of paragraph (4), for review (prior

to construction or modification) of the location

of new sources to which a standard of perform-

ance will apply;

—

(E) it contains adequate provisions for inter-

governmental cooperation, including measures

necessary to insure that emissions of air pol-

lutants from sources located in any air quality

control region will not interfere with the attain-

ment or maintenance of such primary or sec-

ondary standard in any portion of such region

outside of such State or in any other air quality

control region ;

(F) it provides (i) necessary assurances that

the State will have adequate personnel, funding,

and authority to carry out such implementation

plan; (ii) requirements for installation of

equipment by owners or operators of stationary

sources to monitor emissions from such sources ;

(iii) for periodie reports on the nature and

amounts of such emissions; (iv) that such re-

ports shall be correlated by the State agency

with any emission limitations or standards es-

tablished pursuant to this Act. which reports

shall be available at reasonable times for public

inspection ; and (v) for authority comparable to

that in section 303, and adequate contingency

plans to implement such authority ;

(G) it provides, to the extent necessary and

practicable, for periodic inspection and testing

of motor vehicles to enforce compliance with

applicable emission standards ; and

(H) it provides for revision, after public

hearings, of such plan (i) from time to time as

may be necessary to take account of revisions

of such national primary or secondary ambient

air quality standard or the availability of im-

proved or more expeditious methods of achiev-

ing such primary or secondary standards; or

= =

(ii) whenever the Administrator finds on the

basis of information available to him that the

plan is substantially inadequate to achieve the

national ambient air quality primary or secon-

dary standard which it implements.

(3)(A) The Administrator shall approve any

revision of an implementation plan applicable to

an air quality control region if he determines that

it meets the requirements of paragraph (2) and

has been adopted by the State after reasonable

notice and public hearings.

(b) The Administrator may, wherever he deter-

mines necessary, extend the period for submission

of any plan or portion thereof which implements

a national secondary ambient air quality standard

for a period not to exceed 18 months from the

date otherwise required for submission of such

plan.

(e)(1) The Administrator shall, after considera-

tion of any State hearing record, promptly prepare

and publish proposed regulations setting forth an

implementation plan, or portion thereof, for a State

if——

(A) The State fails to submit an implementa-

tion plan for any national ambient air quality

primary or secondary standard within the time

prescribed,

(B) the plan, or any portion thereof, submit-

ted for such State is determined by the Admin-

istrator not to be in accordance with the re-

quirements of this section, or

(() the State fails, within 60 days after no-

tification by the Administrator or such longer

perica as he may prescribe, to revise an imple-

- a <7 -

—

mentation plan as required pursuant to a pro-

vision of its plan referred to in subsection

(a) (2) (H).

If such State held no public hearing associated

with respect to such plan (or revision thereof),

the Administrator shall provide opportunity for

such hearing within such State on any proposed

regulation. The Administrator shall, within six

months after the date required for submission of

such plan (or revision thereof), promulgate any

such regulations unless, prior to such promulga-

tion, such State has adopted and submitted a plan

(or revision) which the Administrator determines

to be in accordance with the requirements of this

section.

(e)(1) Upon application of a Governor of a

State at the time of submission of any plan im-

plementing a national ambient air quality primary

standard, the Administrator may (subject to para-

graph(2)) extend the three-year period referred

to in subsection (a)(2)(A)(i) for not more than

two years for an air quality control region if

after review of such plan the Administrator de-

termines that—

(A) one or more emission sources (or classes

of moving sources) are unable to comply with

the requirements of such plan which imple-

ment such primary standard because the neces-

sary technology or other alternatives are not

available or will not be available soon enough

to permit compliance within such three-year

period, and

(B) the State has considered and applied

as a part of its plan reasonably available al-

= =

ternative means of attaining such primary

standard and has justifiably concluded that

attainment of such primary standard within

the three years cannot be achieved.

(2) The Administrator may grant an extension

under paragraph (1) only if he determines that

the State plan provides for—

(A) application of the requirements of the

pian which implement such primary standard

to all emission sources in such region other than

the sources (or classes) described in paragraph

(1)(A) within the three-year period, and

(B) such interim measures of control of the

sources (or classes) described in paragraph

(1)(A) as the Administrator determines to be

reasonable under the circumstances.

(f)(1) Prior to the date on which any station-

ary source or class of moving sources is required

to comply with any requirement of an applicable

implementation plan the Governor of the State to

which such plan applies may apply to the Admin-

istrator to postpone the applicability of such re-

quirement to such source (or class) for not more

than one year. If the Administrator determines

that—

(A) good faith efforts have been made to

comply with such requirement before such date,

(B) such source (or class) is unable to ecom-

ply with such requirement because the necessary

technology or other alternative methods of con-

trol are not available or have not been available

for a sufficient period of time,

(C) any available alternative operating pro-

cedures and interim control measures have re-

— =

duced or will reduce the impact of such source

on public health, and

(D) the continued operation of such source

is essential to national security or to the public

heal*’: or welfare,

then the Administrator shall grant a postponement

of such requirement.

(2)(4) Any determination under paragraph (1)

shall (i) be made on the record after notice to

interested persons and opportunity for hearing,

(ii) be based upon a fair evaluation of the entire

record at such hearing, and (iii) include a state-

ment setting forth in detail the findings and con-

clusions upon which the determination is based.

(B) Any determination made pursuant to this

paragraph shall be subject to judicial review by the

United States court of appeals for the circuit which

includes such State upon the filing in such court

within 30 days from the date of such decision of a

petition by any interested person praying that the

decision be modified or set aside in whole or in

part. A copy of the petition shall forthwith be sent

by registered or certified mail to the Administrator

and thereupon the Administrator shall certify and

file in such court the record upon which the final

decision complained of was issued, as provided in

section 2112 of title 28, United States Code. Upon

the filing of such petition the court shall have juris-

diction to affirm or set aside the determination

complained of in whole or in part. The findings of

the Administrator with respect to questions of fact

(including each determination made under sub-

paragraphs (A), (B), (C), and (D), of paragraph

(1)) shall be sustained if based upon a fair evalu-

ation of the entire record at such hearing.

—

(C) Proceedings before the court under this

paragraph shall take precedence over all the other

causes of action on the docket and shall be assigned

for hearing and decision at the earliest practicable

date and expedited in every way.

(D) Section 307 (a) (relating to subpenas) shall

be applicable to any proceeding under this sub-

section.

* * * * +

Section 113 (42 U.S.C. 1857e-8)

Federal enforcement procedures.

(a)(1) Whenever, on the basis of any informa-

tion available to him, the Administrator finds that

any person is in violation of any requirement of

an applicable implementation plan, the Adminis-

trator shall notify the person in violation of the

plan and the State in which the plan applies of

such finding. If such violation extends beyond the

30th day after the date of the Administrator’s noti-

fication, the Administrator may issue an order re-

quiring such person to comply with the require-

ments of such plan or he may bring a civil action

in accordance with subsection (b).

(2) Whenever, on the basis of information avail-

able to him, the Administrator finds that violations

of an applicable implementation plan are so wide-

spread that such violations appear to result from

a failure of the State in which the plan applies to

enforce the plan effectively, he shall so notify the

State. If the Administrator finds such failure ex-

tends beyond the 30th day after such notice, he

shall give public notice of such finding. During the

period beginning with such public notice and end-

ing when such State satisfies the Administrator

'

autiion

that it will enforce such plan’ (hereafter referred

to in this section as ‘period of Federally assumed

enforcement’), the Administrator may enforce any

requirement of such plan with respect to any per-

son—

(A) by issuing an order to comply with such

requirement, or

(B) by bringing a civil action under sub-

section (b).

(3) Whenever, on the basis of any information

available to him, the Administrator finds that any

person is in violation of section 111(e) (relating to

new source performance standards), 112(¢c) (re-

lating to standards for hazardous emissions), or

119(g) (relating to energy-related authorities), or

is in violation of any requirement of section 114

(relating to inspections, etc.), he may issue an or-

der requiring such person to comply with such sec-

tion or requirement, or he may bring a civil action

in accordance with subsection (b).

(4) An order issued under this subsection (other

than an order relating to a violation of section 112)

shall not take effect until the person to whom it is

issued has had an opportunity to confer with the

Administrator concerning the alleged violation. A

copy of any order issued under this subsection shall

be sent to the State air pollution control agency of

any State in which the violation occurs. Any order

issued under this subsection shall state with reason-

able specificity the nature of the violation, specify

a time for compliance which the Administrator de-

termines is reasonable, taking into account the

seriousness of the violation and any good faith

efforts to comply with applicable requirements. In

any case in which an order under this subsection

— =

(or notice to a violator under paragraph (1)) is

issued to a corporation, a copy of such order (or

notice) shall be issued to appropriate corporate

officers.

(b) The Administrator may commence a civil

action for appropriate relief, including a perma-

nent or temporary injunction, whenever any per-

son—

(1) violates or fails or refuses to comply with

any order issued under subsection (a); or

(2) violates any requirement of an applicable

implementation plan (A) during any period of

Federally assumed enforcement, or (B) more than

30 days after having been notified by the Admin-

istrator under subsection (a)(1) of a finding that

such person is violating such requirement; or

(3) violates section 111(e), 112(¢c), or 119(g);

or

(4) fails or refuses to comply with any require-

ment of section 114.

Any action under this subsection may be brought

in the district court of the United States for the dis-

trict in which the defendant is located or resides or

is doing business, and such court shall have jurisdic-

tion to restrain such violation and to require compli-

ance. Notice of the commencement of such action shall

be given to the appropriate State air pollution control

agency.

(¢)(1) Any person who knowingly—

(A) violates any requirement of an applica-

ble implementation plan (i) during any period

of Federally assumed enforcement, or (ii) more

than 30 days after having been notified by the

nition

Administrator under subsection (a)(1) that

such person is violating such requirement, or

(B) violates or fails or refuses to comply

with any order issued by the Administrator un-

der subsection (a), or

(C) violates section 111(e), section 112(c),

or section 119(g) shall be punished by a fine of

not more than $25,000 per day of violation, or

by imprisonment for not more than one year,

or by both. If the conviction is for a violation

committed after the first conviction of such

person under this paragraph, punishment shall

be by a fine of not r re than $50,000 per day

of violation, or by imprisonment for not more

than two years, or by both.

(2) Any person who knowingly makes any false

statement, representation, or certification in any

application, record, report, plan, or other document

filed or required to be maintained under this Act

or who falsifies, tampers with, or knowingly ren-

ders inaccurate any monitoring device or method

required to be maintained under this Act, shall

upon conviction, be punished by a fine of not more

than $10,000, or by imprisonment for not more

than six months, or by both.

- * * * _

Section 302 (42 U.S.C. 1857h)

Definitions.

When used in this chapter—

(a) The term ‘‘Administrator’’ means the Admin-

istrator of the Environmental Protection Agency.

* * * * *

_— =

(d) The term ‘‘State’’ means a State, the District

of Columbia, the Commonwealth of Puerto Rico, the

Virgin Islands, Guam, and American Samoa.

(e) The term ‘‘person”’ includes an individual, cor-

poration, partnership, association, State, municipality,

and political subdivision of a State.

(f) The term ‘‘municipality’’ means a city, town,

borough, county, parish, district, or other public body

created by or pursuant to State law.

- * - * *

III. 40 C.F.R. Part 52 provides in pertinent part:

§ 52.23 (as amended Sept. 18, 1974, 39 Fed.Reg.

33512)

Violation and Enforcement.

Failure to comply with any provisions of this

part, or with any approved regulatory provision

of a state implementation plan, or with any per-

mit condition or permit denial issued pursuant to

approved or promulgated regulations for the re-

view of new or modified stationary or indirect

sources, shall render the person or governmental

entity so failing to comply in violation of a re-

quirement of an applicable implementation plan

and subject to enforcement action under section

113 of the Clean Air Act. With regard to compli-

ance schedules, a person or Governmental entity

will be considered to have failed to comply with

the requirements of this part if it fails to timely

submit any required compliance schedule, if the

compliance schedule when submitted does not con-

tain each of the elements it is required to contain,

On wee.

- — ane ee

—

or if the person Governmental entity fails to com-

ply with such schedule.

Subpart F—California

§ 52.242 Inspection and maintenance program.

(a) Definitions:

(1) ‘‘Inspection and maintenance program’”’

means a program to reduce emissions from in-use

vehicles through identifying vehicles which need

emission control-related maintenance and requir-

ing that maintenance be performed.

(2) ‘‘Light-duty vehicle’’ means any gasoline-

powered motor vehicle rated at 6,000 pounds GVW

or less.

(3) All other terms used in this section that are

defined in Appendix N to Part 51 of this chapter,

are used herein with the meanings so defined.

(b) This section is applicable in the Metropoli-

tan Los Angeles, San Diego, Sacramento Valley,

San Joaquin Valley, and San Francisco Bay Area

Intrastate Air Quality Control Regions (herein-

after referred to as the Regions).

(ce) The State of California shall establish an

inspection and maintenance program applicable to

all light-duty vehicles registered in the Regions

that operate on streets or highways over which it

has ownership or control. No later than June 1,

1974, the State shall submit legally adopted regu-

lations to EPA establishing such a program. The

State may exempt any class or category of vehicles

which it finds are rarely used on public streets

— 20 —

and highways (such as classie or antique vehicles).

The regulations shall include

(1) Provisions fer imspection of all light-duty

motor vehicles at periodic intervals no more than

one year apart by means of a loaded test.

(2) Provisions for inspection failure criteria

consistent with the emission reductions claimed in

the plan for the strategy. These emission reduc-

tions are 15 percent for hydrocarbons and 12 per-

cent for carbon monoxide. These criteria are

estimated to include failure of 50 percent of the

vehicles in the first inspection cycle.

(3) Provisions to ensure that failed vehicles re-

ceived within two weeks, the maintenance necessary

to achieve compliance with the inspection stand-

ards. This shall include sanctions against noncom-

plying individual owners and repair facilities,

retest of failed vehicles following maintenance, a

certification program to ensure that repair facili-

ties performing the required maintenance have the

necessary equipment, parts, and knowedgeable op-

erators to perform the tasks satisfactorily, and

such other measures as may be necessary or appro-

priate.

(4) A program of enforcement to ensure that,

following inspection or maintenance, vehicles are

pot intentionally readjusted or modified in such a

way as would cause them no longer to comply with

the inspection standards. This might include spet

checks of idle adjustments and/or a suitable type

of physical tagging. This program shall include

appropriate penalties for violation.

—

(5) Provisions for beginning the first inspection

eyele on October 1, 1975, and completing by Sep-

tember 30, 1976.

(6) Designation of an agency or agencies re-

sponsible for conducting, overseeing, and enforcing

the inspection and maintenance program.

(d) After September 30, 1976, the State shall

not register or allow to operate on its streets or

highways any light-duty vehicle that does not com-

ply with the applicable standards and procedures

adopted pursuant to paragraph (c) of this section.

This shall not apply to the initial registration of a

new motor vehicle.

(e) After September 30, 1976, no owner of a

light-duty vehicle shall operate or allow the cpera-

tion of such vehicle that does not comply with the

applicable standards and procedures adopted pur-

suant to paragraph (c) of this section. This shall

not apply to the initial registration of a new ve-

hicle.

(f) The State of California shall submit no later

than February 1, 1974, a detailed compliance sched-

ule showing the steps it will take to establish and

enforce an inspection and maintenance program

pursuant to paragraph (c) of this section, includ-

ing the text of needed statutory proposals and

needed regulations that it will propose for adop-

tion. The compliance schedule shall also include:

(1) The date by which the State will recommend

any needed legislation to the State legislature.

(2) The date by which necessary equipment will

be ordered.

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(3) A signed statement from the Governor and

State Treasurer identifying the sources and

amount of funds for the program. If funds cannot

legally be obligated under existing statutory au-

thority, the test of needed legislation shall be sub-

mitted.