§7511b Federal Ozone Measures

Summary

The Administrator must create and update rules and guidance to cut ozone-forming pollution from stationary sources, consumer products, and certain ship and aircraft operations. Within 3 years after November 15, 1990, the Administrator must issue control technique guidelines for 11 categories of stationary VOC sources and for aerospace coatings/solvents and for paints, coatings, and solvents used in shipbuilding and repair. Those aerospace and shipbuilding rules must aim to cut total VOC (and PM–10 for shipbuilding) emissions as much as is achievable with the best available controls, with reductions set in steps the Administrator finds reasonable and completed no later than 10 years after the final rule. Within 3 years the Administrator must also publish alternative control documents for any stationary source that emits or could emit 25 tons per year or more of VOCs or NOx. The Administrator must review and, if needed, update older guidance within 36 months and periodically after that, and must give priority to categories that most contribute to ozone problems. Within 1 year after November 15, 1990, the Administrator must give States guidance on how to judge cost-effectiveness of control options. The law also requires a study and report to Congress, within 3 years after November 15, 1990, on VOC emissions from consumer and commercial products and how to pick which product categories to regulate, and a separate study on whether EPA’s ozone design value method is a reasonable measure, also due in 3 years with peer and public review. The law defines three key terms in one line each: best available controls (the most effective, practical emission cuts), consumer or commercial product (things that can release VOCs, like paints and solvents, but not fuels or motor vehicles), and regulated entities (makers, processors, wholesale distributors, or importers who sell or supply those products). After the product study, the Administrator must list categories that make up at least 80% of consumer-product VOC emissions (reactivity-adjusted), split them into 4 priority groups, and issue regulations or guidelines to require best available controls for each group, one group every 2 years. Regulations can include labeling, reporting, limits, bans, or market incentives. Fees collected go into a special Treasury fund for related work. For tank vessels, within 2 years after November 15, 1990, the Administrator must set standards for emissions during loading and unloading (with Coast Guard consultation), and the Coast Guard must issue safety rules within 6 months; States may not set weaker standards. Finally, foreign-registered noncommercial vehicles driven by U.S. citizens, permanent residents, or certain visa holders cannot enter a covered ozone nonattainment area from an adjoining foreign country more than twice in a calendar month if the State has inspection requirements, unless the driver shows the vehicle meets those requirements. Penalties are $200 for the second offense and $400 for the third and later offenses. A State can opt out by written notice from its Governor, or propose an alternative plan for the President’s approval. “Covered ozone nonattainment area” means a Serious Area as classified under the law as of October 27, 1998.