
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7511b]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                  SUBCHAPTER I--PROGRAMS AND ACTIVITIES
 
            Part D--Plan Requirements for Nonattainment Areas
 
     subpart 2--additional provisions for ozone nonattainment areas
 
Sec. 7511b. Federal ozone measures


(a) Control techniques guidelines for VOC sources

    Within 3 years after November 15, 1990, the Administrator shall 
issue control techniques guidelines, in accordance with section 7408 of 
this title, for 11 categories of stationary sources of VOC emissions for 
which such guidelines have not been issued as of November 15, 1990, not 
including the categories referred to in paragraphs (3) and (4) of 
subsection (b) of this section. The Administrator may issue such 
additional control techniques guidelines as the Administrator deems 
necessary.

(b) Existing and new CTGS

    (1) Within 36 months after November 15, 1990, and periodically 
thereafter, the Administrator shall review and, if necessary, update 
control technique guidance issued under section 7408 of this title 
before November 15, 1990.
    (2) In issuing the guidelines the Administrator shall give priority 
to those categories which the Administrator considers to make the most 
significant contribution to the formation of ozone air pollution in 
ozone nonattainment areas, including hazardous waste treatment, storage, 
and disposal facilities which are permitted under subtitle C of the 
Solid Waste Disposal Act [42 U.S.C. 6921 et seq.]. Thereafter the 
Administrator shall periodically review and, if necessary, revise such 
guidelines.
    (3) Within 3 years after November 15, 1990, the Administrator shall 
issue control techniques guidelines in accordance with section 7408 of 
this title to reduce the aggregate emissions of volatile organic 
compounds into the ambient air from aerospace coatings and solvents. 
Such control techniques guidelines shall, at a minimum, be adequate to 
reduce aggregate emissions of volatile organic compounds into the 
ambient air from the application of such coatings and solvents to such 
level as the Administrator determines may be achieved through the 
adoption of best available control measures. Such control technology 
guidance shall provide for such reductions in such increments and on 
such schedules as the Administrator determines to be reasonable, but in 
no event later than 10 years after the final issuance of such control 
technology guidance. In developing control technology guidance under 
this subsection, the Administrator shall consult with the Secretary of 
Defense, the Secretary of Transportation, and the Administrator of the 
National Aeronautics and Space Administration with regard to the 
establishment of specifications for such coatings. In evaluating VOC 
reduction strategies, the guidance shall take into account the 
applicable requirements of section 7412 of this title and the need to 
protect stratospheric ozone.
    (4) Within 3 years after November 15, 1990, the Administrator shall 
issue control techniques guidelines in accordance with section 7408 of 
this title to reduce the aggregate emissions of volatile organic 
compounds and PM-10 into the ambient air from paints, coatings, and 
solvents used in shipbuilding operations and ship repair. Such control 
techniques guidelines shall, at a minimum, be adequate to reduce 
aggregate emissions of volatile organic compounds and PM-10 into the 
ambient air from the removal or application of such paints, coatings, 
and solvents to such level as the Administrator determines may be 
achieved through the adoption of the best available control measures. 
Such control techniques guidelines shall provide for such reductions in 
such increments and on such schedules as the Administrator determines to 
be reasonable, but in no event later than 10 years after the final 
issuance of such control technology guidance. In developing control 
techniques guidelines under this subsection, the Administrator shall 
consult with the appropriate Federal agencies.

(c) Alternative control techniques

    Within 3 years after November 15, 1990, the Administrator shall 
issue technical documents which identify alternative controls for all 
categories of stationary sources of volatile organic compounds and 
oxides of nitrogen which emit, or have the potential to emit 25 tons per 
year or more of such air pollutant. The Administrator shall revise and 
update such documents as the Administrator determines necessary.

(d) Guidance for evaluating cost-effectiveness

    Within 1 year after November 15, 1990, the Administrator shall 
provide guidance to the States to be used in evaluating the relative 
cost-effectiveness of various options for the control of emissions from 
existing stationary sources of air pollutants which contribute to 
nonattainment of the national ambient air quality standards for ozone.

(e) Control of emissions from certain sources

                           (1) Definitions

        For purposes of this subsection--

        (A) Best available controls

            The term ``best available controls'' means the degree of 
        emissions reduction that the Administrator determines, on the 
        basis of technological and economic feasibility, health, 
        environmental, and energy impacts, is achievable through the 
        application of the most effective equipment, measures, 
        processes, methods, systems or techniques, including chemical 
        reformulation, product or feedstock substitution, repackaging, 
        and directions for use, consumption, storage, or disposal.

        (B) Consumer or commercial product

            The term ``consumer or commercial product'' means any 
        substance, product (including paints, coatings, and solvents), 
        or article (including any container or packaging) held by any 
        person, the use, consumption, storage, disposal, destruction, or 
        decomposition of which may result in the release of volatile 
        organic compounds. The term does not include fuels or fuel 
        additives regulated under section 7545 of this title, or motor 
        vehicles, non-road vehicles, and non-road engines as defined 
        under section 7550 of this title.

        (C) Regulated entities

            The term ``regulated entities'' means--
                (i) manufacturers, processors, wholesale distributors, 
            or importers of consumer or commercial products for sale or 
            distribution in interstate commerce in the United States; or
                (ii) manufacturers, processors, wholesale distributors, 
            or importers that supply the entities listed under clause 
            (i) with such products for sale or distribution in 
            interstate commerce in the United States.

                        (2) Study and report

        (A) Study

            The Administrator shall conduct a study of the emissions of 
        volatile organic compounds into the ambient air from consumer 
        and commercial products (or any combination thereof) in order 
        to--
                (i) determine their potential to contribute to ozone 
            levels which violate the national ambient air quality 
            standard for ozone; and
                (ii) establish criteria for regulating consumer and 
            commercial products or classes or categories thereof which 
            shall be subject to control under this subsection.

        The study shall be completed and a report submitted to Congress 
        not later than 3 years after November 15, 1990.

        (B) Consideration of certain factors

            In establishing the criteria under subparagraph (A)(ii), the 
        Administrator shall take into consideration each of the 
        following:
                (i) The uses, benefits, and commercial demand of 
            consumer and commercial products.
                (ii) The health or safety functions (if any) served by 
            such consumer and commercial products.
                (iii) Those consumer and commercial products which emit 
            highly reactive volatile organic compounds into the ambient 
            air.
                (iv) Those consumer and commercial products which are 
            subject to the most cost-effective controls.
                (v) The availability of alternatives (if any) to such 
            consumer and commercial products which are of comparable 
            costs, considering health, safety, and environmental 
            impacts.

           (3) Regulations to require emission reductions

        (A) In general

            Upon submission of the final report under paragraph (2), the 
        Administrator shall list those categories of consumer or 
        commercial products that the Administrator determines, based on 
        the study, account for at least 80 percent of the VOC emissions, 
        on a reactivity-adjusted basis, from consumer or commercial 
        products in areas that violate the NAAQS for ozone. Credit 
        toward the 80 percent emissions calculation shall be given for 
        emission reductions from consumer or commercial products made 
        after November 15, 1990. At such time, the Administrator shall 
        divide the list into 4 groups establishing priorities for 
        regulation based on the criteria established in paragraph (2). 
        Every 2 years after promulgating such list, the Administrator 
        shall regulate one group of categories until all 4 groups are 
        regulated. The regulations shall require best available controls 
        as defined in this section. Such regulations may exempt health 
        use products for which the Administrator determines there is no 
        suitable substitute. In order to carry out this section, the 
        Administrator may, by regulation, control or prohibit any 
        activity, including the manufacture or introduction into 
        commerce, offering for sale, or sale of any consumer or 
        commercial product which results in emission of volatile organic 
        compounds into the ambient air.

        (B) Regulated entities

            Regulations under this subsection may be imposed only with 
        respect to regulated entities.

        (C) Use of CTGS

            For any consumer or commercial product the Administrator may 
        issue control techniques guidelines under this chapter in lieu 
        of regulations required under subparagraph (A) if the 
        Administrator determines that such guidance will be 
        substantially as effective as regulations in reducing emissions 
        of volatile organic compounds which contribute to ozone levels 
        in areas which violate the national ambient air quality standard 
        for ozone.

                      (4) Systems of regulation

        The regulations under this subsection may include any system or 
    systems of regulation as the Administrator may deem appropriate, 
    including requirements for registration and labeling, self-
    monitoring and reporting, prohibitions, limitations, or economic 
    incentives (including marketable permits and auctions of emissions 
    rights) concerning the manufacture, processing, distribution, use, 
    consumption, or disposal of the product.

                          (5) Special fund

        Any amounts collected by the Administrator under such 
    regulations shall be deposited in a special fund in the United 
    States Treasury for licensing and other services, which thereafter 
    shall be available until expended, subject to annual appropriation 
    Acts, solely to carry out the activities of the Administrator for 
    which such fees, charges, or collections are established or made.

                           (6) Enforcement

        Any regulation established under this subsection shall be 
    treated, for purposes of enforcement of this chapter, as a standard 
    under section 7411 of this title and any violation of such 
    regulation shall be treated as a violation of a requirement of 
    section 7411(e) of this title.

                      (7) State administration

        Each State may develop and submit to the Administrator a 
    procedure under State law for implementing and enforcing regulations 
    promulgated under this subsection. If the Administrator finds the 
    State procedure is adequate, the Administrator shall approve such 
    procedure. Nothing in this paragraph shall prohibit the 
    Administrator from enforcing any applicable regulations under this 
    subsection.

                           (8) Size, etc.

        No regulations regarding the size, shape, or labeling of a 
    product may be promulgated, unless the Administrator determines such 
    regulations to be useful in meeting any national ambient air quality 
    standard.

                       (9) State consultation

        Any State which proposes regulations other than those adopted 
    under this subsection shall consult with the Administrator regarding 
    whether any other State or local subdivision has promulgated or is 
    promulgating regulations on any products covered under this part. 
    The Administrator shall establish a clearinghouse of information, 
    studies, and regulations proposed and promulgated regarding products 
    covered under this subsection and disseminate such information 
    collected as requested by State or local subdivisions.

(f) Tank vessel standards

                     (1) Schedule for standards

        (A) Within 2 years after November 15, 1990, the Administrator, 
    in consultation with the Secretary of the Department in which the 
    Coast Guard is operating, shall promulgate standards applicable to 
    the emission of VOCs and any other air pollutant from loading and 
    unloading of tank vessels (as that term is defined in section 2101 
    of title 46) which the Administrator finds causes, or contributes 
    to, air pollution that may be reasonably anticipated to endanger 
    public health or welfare. Such standards shall require the 
    application of reasonably available control technology, considering 
    costs, any nonair-quality benefits, environmental impacts, energy 
    requirements and safety factors associated with alternative control 
    techniques. To the extent practicable such standards shall apply to 
    loading and unloading facilities and not to tank vessels.
        (B) Any regulation prescribed under this subsection (and any 
    revision thereof) shall take effect after such period as the 
    Administrator finds (after consultation with the Secretary of the 
    department \1\ in which the Coast Guard is operating) necessary to 
    permit the development and application of the requisite technology, 
    giving appropriate consideration to the cost of compliance within 
    such period, except that the effective date shall not be more than 2 
    years after promulgation of such regulations.
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    \1\ So in original. Probably should be capitalized.
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                 (2) Regulations on equipment safety

        Within 6 months after November 15, 1990, the Secretary of the 
    Department in which the Coast Guard is operating shall issue 
    regulations to ensure the safety of the equipment and operations 
    which are to control emissions from the loading and unloading of 
    tank vessels, under section 3703 of title 46 and section 1225 of 
    title 33. The standards promulgated by the Administrator under 
    paragraph (1) and the regulations issued by a State or political 
    subdivision regarding emissions from the loading and unloading of 
    tank vessels shall be consistent with the regulations regarding 
    safety of the Department in which the Coast Guard is operating.

                        (3) Agency authority

        (A) The Administrator shall ensure compliance with the tank 
    vessel emission standards prescribed under paragraph (1)(A). The 
    Secretary of the Department in which the Coast Guard is operating 
    shall also ensure compliance with the tank vessel standards 
    prescribed under paragraph (1)(A).
        (B) The Secretary of the Department in which the Coast Guard is 
    operating shall ensure compliance with the regulations issued under 
    paragraph (2).

                    (4) State or local standards

        After the Administrator promulgates standards under this 
    section, no State or political subdivision thereof may adopt or 
    attempt to enforce any standard respecting emissions from tank 
    vessels subject to regulation under paragraph (1) unless such 
    standard is no less stringent than the standards promulgated under 
    paragraph (1).

                           (5) Enforcement

        Any standard established under paragraph (1)(A) shall be 
    treated, for purposes of enforcement of this chapter, as a standard 
    under section 7411 of this title and any violation of such standard 
    shall be treated as a violation of a requirement of section 7411(e) 
    of this title.

(g) Ozone design value study

    The Administrator shall conduct a study of whether the methodology 
in use by the Environmental Protection Agency as of November 15, 1990, 
for establishing a design value for ozone provides a reasonable 
indicator of the ozone air quality of ozone nonattainment areas. The 
Administrator shall obtain input from States, local subdivisions 
thereof, and others. The study shall be completed and a report submitted 
to Congress not later than 3 years after November 15, 1990. The results 
of the study shall be subject to peer and public review before 
submitting it to Congress.

(h) Vehicles entering ozone nonattainment areas

      (1) Authority regarding ozone inspection and maintenance 
                                   testing

        (A) In general

            No noncommercial motor vehicle registered in a foreign 
        country and operated by a United States citizen or by an alien 
        who is a permanent resident of the United States, or who holds a 
        visa for the purposes of employment or educational study in the 
        United States, may enter a covered ozone nonattainment area from 
        a foreign country bordering the United States and contiguous to 
        the nonattainment area more than twice in a single calendar-
        month period, if State law has requirements for the inspection 
        and maintenance of such vehicles under the applicable 
        implementation plan in the nonattainment area.

        (B) Applicability

            Subparagraph (A) shall not apply if the operator presents 
        documentation at the United States border entry point 
        establishing that the vehicle has complied with such inspection 
        and maintenance requirements as are in effect and are applicable 
        to motor vehicles of the same type and model year.

                    (2) Sanctions for violations

        The President may impose and collect from the operator of any 
    motor vehicle who violates, or attempts to violate, paragraph (1) a 
    civil penalty of not more than $200 for the second violation or 
    attempted violation and $400 for the third and each subsequent 
    violation or attempted violation.

                         (3) State election

        The prohibition set forth in paragraph (1) shall not apply in 
    any State that elects to be exempt from the prohibition. Such an 
    election shall take effect upon the President's receipt of written 
    notice from the Governor of the State notifying the President of 
    such election.

                      (4) Alternative approach

        The prohibition set forth in paragraph (1) shall not apply in a 
    State, and the President may implement an alternative approach, if--
            (A) the Governor of the State submits to the President a 
        written description of an alternative approach to facilitate the 
        compliance, by some or all foreign-registered motor vehicles, 
        with the motor vehicle inspection and maintenance requirements 
        that are--
                (i) related to emissions of air pollutants;
                (ii) in effect under the applicable implementation plan 
            in the covered ozone nonattainment area; and
                (iii) applicable to motor vehicles of the same types and 
            model years as the foreign-registered motor vehicles; and

            (B) the President approves the alternative approach as 
        facilitating compliance with the motor vehicle inspection and 
        maintenance requirements referred to in subparagraph (A).

         (5) Definition of covered ozone nonattainment area

        In this section, the term ``covered ozone nonattainment area'' 
    means a Serious Area, as classified under section 7511 of this title 
    as of October 27, 1998.

(July 14, 1955, ch. 360, title I, Sec. 183, as added Pub. L. 101-549, 
title I, Sec. 103, Nov. 15, 1990, 104 Stat. 2443; amended Pub. L. 105-
286, Sec. 2, Oct. 27, 1998, 112 Stat. 2773.)

                       References in Text

    The Solid Waste Disposal Act, referred to in subsec. (b)(2), is 
title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended 
generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795. 
Subtitle C of the Act is classified generally to subchapter III 
(Sec. 6921 et seq.) of chapter 82 of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 6901 of this title and Tables.


                               Amendments

    1998--Subsec. (h). Pub. L. 105-286 added subsec. (h).


      Effective Date of 1998 Amendment; Publication of Prohibition

    Pub. L. 105-286, Sec. 3, Oct. 27, 1998, 112 Stat. 2774, provided 
that:
    ``(a) In General.--The amendment made by section 2 [amending this 
section] takes effect 180 days after the date of the enactment of this 
Act [Oct. 27, 1998]. Nothing in that amendment shall require action that 
is inconsistent with the obligations of the United States under any 
international agreement.
    ``(b) Information.--As soon as practicable after the date of the 
enactment of this Act, the appropriate agency of the United States shall 
distribute information to publicize the prohibition set forth in the 
amendment made by section 2.''

                  Section Referred to in Other Sections

    This section is referred to in section 7607 of this title.
