121 STAT. 1558
PUBLIC LAW 110–140—DEC. 19, 2007 base national standard for a product or the geographic definition of a region so that an existing regional standard for a State is equal to the revised base national standard— ‘‘(aa) the authority of the State to enforce the regional standard shall terminate on the effective date of the revised base national standard; and ‘‘(bb) the State shall be subject to the revised base national standard. ‘‘(III) STANDARD OR REGION REVISED SO THAT EXISTING REGIONAL STANDARD EQUALS BASE NATIONAL STANDARD.—If the Secretary revises a
base national standard for a product or the geographic definition of a region so that the standard for a State is lower than the previously approved regional standard, the State may continue to enforce the previously approved standard level. ‘‘(iv) WAIVER OF FEDERAL PREEMPTION.—Nothing in this paragraph diminishes the authority of a State to enforce a State regulation for which a waiver of Federal preemption has been granted under section 327(d). ‘‘(G) ENFORCEMENT.— ‘‘(i) BASE NATIONAL STANDARD.— ‘‘(I) IN GENERAL.—The Secretary shall enforce any base national standard. ‘‘(II) TRADE ASSOCIATION CERTIFICATION PROGRAMS.—In enforcing the base national standard, the Secretary shall use, to the maximum extent practicable, national standard nationally recognized certification programs of trade associations. ‘‘(ii) REGIONAL STANDARDS.— ‘‘(I) ENFORCEMENT PLAN.—Not later than 90 days after the date of the issuance of a final rule that establishes a regional standard, the Secretary shall initiate a rulemaking to develop and implement an effective enforcement plan for regional standards for the products that are covered by the final rule. ‘‘(II) RESPONSIBLE ENTITIES.—Any rules regarding enforcement of a regional standard shall clearly specify which entities are legally responsible for compliance with the standards and for making any required information or labeling disclosures. ‘‘(III) FINAL RULE.—Not later than 15 months after the date of the issuance of a final rule that establishes a regional standard for a product, the Secretary shall promulgate a final rule covering enforcement of regional standards for the product. ‘‘(IV) INCORPORATION BY STATES AND LOCALITIES.—A State or locality may incorporate any Federal regional standard into State or local building codes or State appliance standards.
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