42 U.S.C. § 7511b — Federal ozone measures
submitted 71 years ago by Pub. L. 101-549 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 2,739 words · no verdicts yet
This section directs the Administrator to issue guidance and rules for reducing VOC and other emissions. It addresses stationary sources, consumer products, tank vessels, ozone design values, and foreign-registered vehicles entering certain ozone nonattainment areas.
(a) Within 3 years, the Administrator* must issue CTGs for 11 previously uncovered stationary-source categories of VOC* emissions, excluding the categories in (b)(3) and (4), and may issue more as needed. (b) (1) Within 36 months and periodically afterward, the Administrator must review and, if needed, update earlier CTGs. (2) Priority goes to categories making the largest ozone contribution, including certain hazardous-waste facilities; the Administrator must later review and revise the guidance as needed. (3) Within 3 years, the Administrator must issue guidance for aerospace coatings and solvents to reduce the total amount of VOCs released into outdoor air from the application of those coatings and solvents. At a minimum, the guidance must require reductions to the level the Administrator decides can be achieved by adopting “best available control measures.” It must provide for those reductions in reasonable increments and on reasonable schedules, and the schedules may not end later than 10 years after the guidance is finally issued. The Administrator must consult Defense, Transportation, and NASA about coating specifications and consider section 7412 and stratospheric-ozone protection. (4) Within 3 years, the Administrator must issue guidance to reduce the total amount of VOCs and PM-10 released into outdoor air from paints, coatings, and solvents used in shipbuilding and ship repair. At a minimum, the guidance must require reductions in emissions from removing or applying those paints, coatings, and solvents to the level the Administrator decides can be achieved by adopting the “best available control measures.” This section does not define “best available control measures.” It must provide for those reductions in reasonable increments and on reasonable schedules, and the schedules may not end later than 10 years after the guidance is finally issued. The Administrator must consult the appropriate Federal agencies. (c) Within 3 years, the Administrator must issue and update technical documents identifying alternative controls for stationary VOC and NOx sources emitting or potentially emitting at least 25 tons yearly. (d) Within 1 year, the Administrator must guide States in comparing the cost-effectiveness of controls for existing sources contributing to ozone nonattainment. (e) (1) “Best available controls” means the reduction the Administrator finds achievable through the most effective equipment, measures, processes, methods, systems, or techniques after considering technology, economics, health, environmental, and energy impacts. These approaches expressly include chemical reformulation, product or feedstock substitution, repackaging, and directions for use, consumption, storage, or disposal. “Consumer or commercial product” means a substance, product, article, container, or packaging whose use or handling may release VOC, but not section 7545 fuels or additives or the listed vehicles and engines. “Regulated entities” means makers, processors, wholesale distributors, or importers of those products, and suppliers to them, for interstate sale or distribution in the United States. (2) The Administrator must study VOC emissions from consumer and commercial products, their ozone contribution, and criteria for controlling them, and report to Congress within 3 years. The criteria must consider uses, benefits, demand, health and safety functions, highly reactive VOCs, cost-effective controls, and comparable alternatives with health, safety, and environmental effects. (3) After the report, the Administrator must list product categories accounting for at least 80 percent of reactivity-adjusted VOC emissions from these products in areas violating the ozone standard, crediting post-1990 reductions, divide the list into four priority groups, and regulate one group every 2 years until all are regulated. Rules must require best available controls and may exempt health-use products without a suitable substitute. The Administrator may control or prohibit manufacture, commerce, sale, or other emission-causing activity. Rules may apply only to regulated entities. CTGs may replace rules if substantially as effective. (4) Rules may use registration, labeling, self-monitoring, reporting, prohibitions, limits, or economic incentives. (5) Collected amounts go into a Treasury special fund for the services for which they were collected, available until spent subject to annual appropriations. (6) Each rule is enforced as a section 7411 standard, and a violation is treated as violating section 7411(e). (7) A State* may submit a State-law implementation and enforcement procedure; the Administrator must approve an adequate one but may still enforce directly. (8) Size, shape, or labeling rules require a finding that they help meet a national air-quality standard. (9) A State proposing other product rules must consult the Administrator about rules in other jurisdictions; the Administrator must maintain and share an information clearinghouse. (f) (1) Within 2 years, after consulting the Coast Guard department, the Administrator must set standards for VOC and other pollutant emissions from loading and unloading tank vessels that may endanger health or welfare. They must require RACT after considering costs, other benefits, environmental and energy effects, and safety, and should apply to facilities where practicable. They take effect after the period needed for technology, but no later than 2 years after promulgation. (2) Within 6 months, the Coast Guard department must issue equipment-safety rules. Emission standards and State or local rules must be consistent with them. (3) Both agencies must ensure compliance with the emission standards, and the Coast Guard department must ensure compliance with its safety rules. (4) After Federal standards issue, a State or subdivision may adopt or enforce a tank-vessel emission standard* only if it is at least as strict. (5) The standard is enforced as a section 7411 standard and violations are treated as section 7411(e) violations. (g) The Administrator must study whether the EPA’s November 15, 1990 methodology for ozone design values reasonably indicates air quality, obtain input from States and others, and report to Congress within 3 years after that date. Peer and public review must occur first. (h) (1) A covered foreign-registered noncommercial motor vehicle operated by a United States citizen or certain United States residents or visa holders may not enter a bordering, contiguous covered Serious ozone nonattainment area* more than twice in one calendar month when the area has inspection and maintenance requirements. The restriction does not apply if the operator shows at the border that the vehicle meets applicable requirements for its type and model year. (2) The President may collect civil penalties of up to $200 for a second violation and $400 for a third or later violation or attempt. (3) A State may opt out by written notice from its Governor. (4) The restriction also does not apply if the Governor submits, and the President approves, a written alternative approach that facilitates compliance with the applicable emissions-related inspection and maintenance requirements. (5) “Covered ozone nonattainment area” means a Serious Area classified under section 7511 as of October 27, 1998.
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.
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.
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.
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.
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.
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.
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.
For purposes of this subsection—
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.
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.
The term “regulated entities” means—
manufacturers, processors, wholesale distributors, or importers of consumer or commercial products for sale or distribution in interstate commerce in the United States; or
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.
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—
determine their potential to contribute to ozone levels which violate the national ambient air quality standard for ozone; and
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.
In establishing the criteria under subparagraph (A)(ii), the Administrator shall take into consideration each of the following:
The uses, benefits, and commercial demand of consumer and commercial products.
The health or safety functions (if any) served by such consumer and commercial products.
Those consumer and commercial products which emit highly reactive volatile organic compounds into the ambient air.
Those consumer and commercial products which are subject to the most cost-effective controls.
The availability of alternatives (if any) to such consumer and commercial products which are of comparable costs, considering health, safety, and environmental impacts.
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.
Regulations under this subsection may be imposed only with respect to regulated entities.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 2 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.
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).
The Secretary of the Department in which the Coast Guard is operating shall ensure compliance with the regulations issued under paragraph (2).
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).
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.
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.
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.
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.
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.
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.
The prohibition set forth in paragraph (1) shall not apply in a State, and the President may implement an alternative approach, if—
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—
related to emissions of air pollutants;
in effect under the applicable implementation plan in the covered ozone nonattainment area; and
applicable to motor vehicles of the same types and model years as the foreign-registered motor vehicles; and
the President approves the alternative approach as facilitating compliance with the motor vehicle inspection and maintenance requirements referred to in subparagraph (A).
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.
Source credit: (July 14, 1955, ch. 360, title I, § 183, as added Pub. L. 101–549, title I, § 103, Nov. 15, 1990, 104 Stat. 2443; amended Pub. L. 105–286, § 2, Oct. 27, 1998, 112 Stat. 2773.)
- 1955Enacted · Pub. L. 101-549 · 104 Stat. 2443
- 1998Amended · Pub. L. 105-286 · 112 Stat. 2773
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-549 on 1955-07-14.
all 0 arguments · sorted by: best
no arguments yet — make the first case