
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: 42USC7511c]

 
                 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. 7511c. Control of interstate ozone air pollution


(a) Ozone transport regions

    A single transport region for ozone (within the meaning of section 
7506a(a) of this title), comprised of the States of Connecticut, 
Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New 
York, Pennsylvania, Rhode Island, Vermont, and the Consolidated 
Metropolitan Statistical Area that includes the District of Columbia, is 
hereby established by operation of law. The provisions of section 
7506a(a)(1) and (2) of this title shall apply with respect to the 
transport region established under this section and any other transport 
region established for ozone, except to the extent inconsistent with the 
provisions of this section. The Administrator shall convene the 
commission required (under section 7506a(b) of this title) as a result 
of the establishment of such region within 6 months of November 15, 
1990.

(b) Plan provisions for States in ozone transport regions

    (1) In accordance with section 7410 of this title, not later than 2 
years after November 15, 1990 (or 9 months after the subsequent 
inclusion of a State in a transport region established for ozone), each 
State included within a transport region established for ozone shall 
submit a State implementation plan or revision thereof to the 
Administrator which requires the following--
        (A) that each area in such State that is in an ozone transport 
    region, and that is a metropolitan statistical area or part thereof 
    with a population of 100,000 or more comply with the provisions of 
    section 7511a(c)(2)(A) of this title (pertaining to enhanced vehicle 
    inspection and maintenance programs); and
        (B) implementation of reasonably available control technology 
    with respect to all sources of volatile organic compounds in the 
    State covered by a control techniques guideline issued before or 
    after November 15, 1990.

    (2) Within 3 years after November 15, 1990, the Administrator shall 
complete a study identifying control measures capable of achieving 
emission reductions comparable to those achievable through vehicle 
refueling controls contained in section 7511a(b)(3) of this title, and 
such measures or such vehicle refueling controls shall be implemented in 
accordance with the provisions of this section. Notwithstanding other 
deadlines in this section, the applicable implementation plan shall be 
revised to reflect such measures within 1 year of completion of the 
study. For purposes of this section any stationary source that emits or 
has the potential to emit at least 50 tons per year of volatile organic 
compounds shall be considered a major stationary source and subject to 
the requirements which would be applicable to major stationary sources 
if the area were classified as a Moderate nonattainment area.

(c) Additional control measures

                         (1) Recommendations

        Upon petition of any State within a transport region established 
    for ozone, and based on a majority vote of the Governors on the 
    Commission \1\ (or their designees), the Commission \1\ may, after 
    notice and opportunity for public comment, develop recommendations 
    for additional control measures to be applied within all or a part 
    of such transport region if the commission determines such measures 
    are necessary to bring any area in such region into attainment by 
    the dates provided by this subpart. The commission shall transmit 
    such recommendations to the Administrator.
---------------------------------------------------------------------------
    \1\ So in original. Probably should not be capitalized.
---------------------------------------------------------------------------

                        (2) Notice and review

        Whenever the Administrator receives recommendations prepared by 
    a commission pursuant to paragraph (1) (the date of receipt of which 
    shall hereinafter in this section be referred to as the ``receipt 
    date''), the Administrator shall--
            (A) immediately publish in the Federal Register a notice 
        stating that the recommendations are available and provide an 
        opportunity for public hearing within 90 days beginning on the 
        receipt date; and
            (B) commence a review of the recommendations to determine 
        whether the control measures in the recommendations are 
        necessary to bring any area in such region into attainment by 
        the dates provided by this subpart and are otherwise consistent 
        with this chapter.

                          (3) Consultation

        In undertaking the review required under paragraph (2)(B), the 
    Administrator shall consult with members of the commission of the 
    affected States and shall take into account the data, views, and 
    comments received pursuant to paragraph (2)(A).

                    (4) Approval and disapproval

        Within 9 months after the receipt date, the Administrator shall 
    (A) determine whether to approve, disapprove, or partially 
    disapprove and partially approve the recommendations; (B) notify the 
    commission in writing of such approval, disapproval, or partial 
    disapproval; and (C) publish such determination in the Federal 
    Register. If the Administrator disapproves or partially disapproves 
    the recommendations, the Administrator shall specify--
            (i) why any disapproved additional control measures are not 
        necessary to bring any area in such region into attainment by 
        the dates provided by this subpart or are otherwise not 
        consistent with the \2\ chapter; and
---------------------------------------------------------------------------
    \2\ So in original. Probably should be ``this''.
---------------------------------------------------------------------------
            (ii) recommendations concerning equal or more effective 
        actions that could be taken by the commission to conform the 
        disapproved portion of the recommendations to the requirements 
        of this section.

                             (5) Finding

        Upon approval or partial approval of recommendations submitted 
    by a commission, the Administrator shall issue to each State which 
    is included in the transport region and to which a requirement of 
    the approved plan applies, a finding under section 7410(k)(5) of 
    this title that the implementation plan for such State is inadequate 
    to meet the requirements of section 7410(a)(2)(D) of this title. 
    Such finding shall require each such State to revise its 
    implementation plan to include the approved additional control 
    measures within one year after the finding is issued.

(d) Best available air quality monitoring and modeling

    For purposes of this section, not later than 6 months after November 
15, 1990, the Administrator shall promulgate criteria for purposes of 
determining the contribution of sources in one area to concentrations of 
ozone in another area which is a nonattainment area for ozone. Such 
criteria shall require that the best available air quality monitoring 
and modeling techniques be used for purposes of making such 
determinations.

(July 14, 1955, ch. 360, title I, Sec. 184, as added Pub. L. 101-549, 
title I, Sec. 103, Nov. 15, 1990, 104 Stat. 2448.)

                  Section Referred to in Other Sections

    This section is referred to in sections 7406, 7410, 7511a of this 
title.
