---
kind: "section"
citation: "42 U.S.C. § 7511b"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7511b"
heading: "Federal ozone measures"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7511b"
units:
  - "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"
---

# §7511b. Federal ozone measures

- (a) **Control techniques guidelines for VOC sources—** Within 3 years after November 15, 1990, the [Administrator](/usc/42/7602.md?p=a) shall issue control techniques guidelines, in accordance with [section 7408 of this title](/usc/42/7408.md), for 11 categories of [stationary sources](/usc/42/7602.md?p=z) of [VOC](/usc/42/7602.md?p=s) emissions for which such guidelines have not been issued as of November 15, 1990, not including the categories referred to in paragraphs [(3)](#b-3) and [(4)](#b-4) of subsection (b) of this section. The [Administrator](/usc/42/7602.md?p=a) may issue such additional control techniques guidelines as the [Administrator](/usc/42/7602.md?p=a) deems necessary.
- (b) **Existing and new CTGS—**
  - (1) Within 36 months after November 15, 1990, and periodically thereafter, the [Administrator](/usc/42/7602.md?p=a) shall review and, if necessary, update control technique guidance issued under [section 7408 of this title](/usc/42/7408.md) before November 15, 1990.
  - (2) In issuing the guidelines the [Administrator](/usc/42/7602.md?p=a) shall give priority to those categories which the [Administrator](/usc/42/7602.md?p=a) considers to make the most significant contribution to the formation of ozone air pollution in ozone [nonattainment areas](/usc/42/7501.md?p=2), including hazardous waste [treatment](/usc/42/11851.md?p=11), storage, and [disposal](/usc/42/2021b.md?p=7) facilities which are permitted under subtitle C of the Solid Waste Disposal Act [[42 U.S.C. 6921](/usc/42/6921.md) et seq.]. Thereafter the [Administrator](/usc/42/7602.md?p=a) shall periodically review and, if necessary, revise such guidelines.
  - (3) Within 3 years after November 15, 1990, the [Administrator](/usc/42/7602.md?p=a) shall issue control techniques guidelines in accordance with [section 7408 of this title](/usc/42/7408.md) 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](/usc/42/7602.md?p=a) 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](/usc/42/7602.md?p=a) 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](/usc/42/7602.md?p=a) shall consult with the [Secretary](/usc/42/242q–4.md?p=2) of Defense, the [Secretary](/usc/42/242q–4.md?p=2) of Transportation, and the [Administrator](/usc/42/7602.md?p=a) of the National Aeronautics and Space Administration with regard to the establishment of specifications for such coatings. In evaluating [VOC](/usc/42/7602.md?p=s) reduction strategies, the guidance shall take into account the applicable requirements of [section 7412 of this title](/usc/42/7412.md) and the need to protect stratospheric ozone.
  - (4) Within 3 years after November 15, 1990, the [Administrator](/usc/42/7602.md?p=a) shall issue control techniques guidelines in accordance with [section 7408 of this title](/usc/42/7408.md) to reduce the aggregate emissions of volatile organic compounds and [PM–10](/usc/42/7602.md?p=t) 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](/usc/42/7602.md?p=t) into the ambient air from the removal or application of such paints, coatings, and solvents to such level as the [Administrator](/usc/42/7602.md?p=a) 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](/usc/42/7602.md?p=a) 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](/usc/42/7602.md?p=a) shall consult with the appropriate Federal [agencies](/usc/42/8262.md?p=1).
- (c) **Alternative control techniques—** Within 3 years after November 15, 1990, the [Administrator](/usc/42/7602.md?p=a) shall issue technical documents which identify alternative controls for all categories of [stationary sources](/usc/42/7602.md?p=z) 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](/usc/42/7602.md?p=g). The [Administrator](/usc/42/7602.md?p=a) shall revise and update such documents as the [Administrator](/usc/42/7602.md?p=a) determines necessary.
- (d) **Guidance for evaluating cost-effectiveness—** Within 1 year after November 15, 1990, the [Administrator](/usc/42/7602.md?p=a) shall provide guidance to the [States](/usc/42/7602.md?p=d) to be used in evaluating the relative cost-effectiveness of various options for the control of emissions from existing [stationary sources](/usc/42/7602.md?p=z) of [air pollutants](/usc/42/7602.md?p=g) 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](/usc/42/7602.md?p=a) 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](/usc/42/2021b.md?p=7).
    - (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](/usc/42/7602.md?p=e), the use, consumption, storage, [disposal](/usc/42/2021b.md?p=7), 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](/usc/42/7545.md), or [motor vehicles](/usc/42/7550.md?p=2), non-road vehicles, and non-road engines as defined under [section 7550 of this title](/usc/42/7550.md).
    - (C) **Regulated entities—** The term “regulated entities” means—
      - (i) [manufacturers](/usc/42/7550.md?p=1), processors, wholesale distributors, or importers of consumer or commercial products for sale or distribution in interstate [commerce](/usc/42/7550.md?p=6) in the United States; or
      - (ii) [manufacturers](/usc/42/7550.md?p=1), processors, wholesale distributors, or importers that supply the entities listed under [clause (i)](#e-1-C-i) with such products for sale or distribution in interstate [commerce](/usc/42/7550.md?p=6) in the United States.
  - (2) **Study and report—**
    - (A) **Study—** The [Administrator](/usc/42/7602.md?p=a) 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)](#e-2-A-ii), the [Administrator](/usc/42/7602.md?p=a) 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)](#e-2), the [Administrator](/usc/42/7602.md?p=a) shall list those categories of consumer or commercial products that the [Administrator](/usc/42/7602.md?p=a) determines, based on the study, account for at least 80 percent of the [VOC](/usc/42/7602.md?p=s) emissions, on a reactivity-adjusted basis, from consumer or commercial products in areas that violate the [NAAQS](/usc/42/7602.md?p=u) 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](/usc/42/7602.md?p=a) shall divide the list into 4 groups establishing priorities for regulation based on the criteria established in [paragraph (2)](#e-2). Every 2 years after promulgating such list, the [Administrator](/usc/42/7602.md?p=a) 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](/usc/42/7602.md?p=a) determines there is no suitable substitute. In order to carry out this section, the [Administrator](/usc/42/7602.md?p=a) may, by regulation, control or prohibit any activity, including the manufacture or introduction into [commerce](/usc/42/7550.md?p=6), 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](/usc/42/7602.md?p=a) may issue control techniques guidelines under this chapter in lieu of regulations required under [subparagraph (A)](#e-3-A) if the [Administrator](/usc/42/7602.md?p=a) 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](/usc/42/7602.md?p=a) 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](/usc/42/2021b.md?p=7) of the product.
  - (5) **Special fund—** Any amounts collected by the [Administrator](/usc/42/7602.md?p=a) 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](/usc/42/7602.md?p=a) 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](/usc/42/7411.md) and any [violation](/usc/42/2000e–16a.md?p=c) of such regulation shall be treated as a [violation](/usc/42/2000e–16a.md?p=c) of a requirement of [section 7411(e) of this title](/usc/42/7411.md?p=e).
  - (7) **State administration—** Each [State](/usc/42/7602.md?p=d) may develop and submit to the [Administrator](/usc/42/7602.md?p=a) a procedure under [State](/usc/42/7602.md?p=d) law for implementing and enforcing regulations promulgated under this subsection. If the [Administrator](/usc/42/7602.md?p=a) finds the [State](/usc/42/7602.md?p=d) procedure is adequate, the [Administrator](/usc/42/7602.md?p=a) shall approve such procedure. Nothing in this paragraph shall prohibit the [Administrator](/usc/42/7602.md?p=a) 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](/usc/42/7602.md?p=a) determines such regulations to be useful in meeting any national ambient air quality standard.
  - (9) **State consultation—** Any [State](/usc/42/7602.md?p=d) which proposes regulations other than those adopted under this subsection shall consult with the [Administrator](/usc/42/7602.md?p=a) regarding whether any other [State](/usc/42/7602.md?p=d) or local subdivision has promulgated or is promulgating regulations on any products covered under this part. The [Administrator](/usc/42/7602.md?p=a) 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](/usc/42/7602.md?p=d) or local subdivisions.
- (f) **Tank vessel standards—**
  - (1) **Schedule for standards—**
    - (A) Within 2 years after November 15, 1990, the [Administrator](/usc/42/7602.md?p=a), in consultation with the [Secretary](/usc/42/242q–4.md?p=2) of the Department in which the Coast Guard is operating, shall promulgate standards applicable to the emission of [VOCs](/usc/42/7602.md?p=s) and any other [air pollutant](/usc/42/7602.md?p=g) from loading and unloading of tank vessels (as that term is defined in [section 2101 of title 46](/usc/46/2101.md)) which the [Administrator](/usc/42/7602.md?p=a) 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](/usc/42/7602.md?p=a) finds (after consultation with the [Secretary](/usc/42/242q–4.md?p=2) 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.
  - (2) **Regulations on equipment safety—** Within 6 months after November 15, 1990, the [Secretary](/usc/42/242q–4.md?p=2) 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](/usc/46/3703.md) and section 1225[^2] of title 33. The standards promulgated by the [Administrator](/usc/42/7602.md?p=a) under [paragraph (1)](#f-1) and the regulations issued by a [State](/usc/42/7602.md?p=d) 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](/usc/42/7602.md?p=a) shall ensure compliance with the tank vessel [emission standards](/usc/42/7602.md?p=k) prescribed under [paragraph (1)(A)](#f-1-A). The [Secretary](/usc/42/242q–4.md?p=2) of the Department in which the Coast Guard is operating shall also ensure compliance with the tank vessel standards prescribed under [paragraph (1)(A)](#f-1-A).
    - (B) The [Secretary](/usc/42/242q–4.md?p=2) of the Department in which the Coast Guard is operating shall ensure compliance with the regulations issued under [paragraph (2)](#f-2).
  - (4) **State or local standards—** After the [Administrator](/usc/42/7602.md?p=a) promulgates standards under this section, no [State](/usc/42/7602.md?p=d) or political subdivision thereof may adopt or attempt to enforce any standard respecting emissions from tank vessels subject to regulation under [paragraph (1)](#f-1) unless such standard is no less stringent than the standards promulgated under [paragraph (1)](#f-1).
  - (5) **Enforcement—** Any standard established under [paragraph (1)(A)](#f-1-A) shall be treated, for purposes of enforcement of this chapter, as a standard under [section 7411 of this title](/usc/42/7411.md) and any [violation](/usc/42/2000e–16a.md?p=c) of such standard shall be treated as a [violation](/usc/42/2000e–16a.md?p=c) of a requirement of [section 7411(e) of this title](/usc/42/7411.md?p=e).
- (g) **Ozone design value study—** The [Administrator](/usc/42/7602.md?p=a) shall conduct a study of whether the methodology in use by the Environmental Protection [Agency](/usc/42/8262.md?p=1) 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](/usc/42/7501.md?p=2). The [Administrator](/usc/42/7602.md?p=a) shall obtain input from [States](/usc/42/7602.md?p=d), 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](/usc/42/7550.md?p=2) 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](/usc/42/7501.md?p=2) from a foreign country bordering the United States and contiguous to the [nonattainment area](/usc/42/7501.md?p=2) more than twice in a single calendar-month period, if [State](/usc/42/7602.md?p=d) law has requirements for the inspection and maintenance of such vehicles under the [applicable implementation plan](/usc/42/7602.md?p=q) in the [nonattainment area](/usc/42/7501.md?p=2).
    - (B) **Applicability—** [Subparagraph (A)](#h-1-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](/usc/42/7550.md?p=2) of the same type and model year.
  - (2) **Sanctions for violations—** The President may impose and collect from the operator of any [motor vehicle](/usc/42/7550.md?p=2) who violates, or attempts to violate, [paragraph (1)](#h-1) a civil penalty of not more than $200 for the second [violation](/usc/42/2000e–16a.md?p=c) or attempted [violation](/usc/42/2000e–16a.md?p=c) and $400 for the third and each subsequent [violation](/usc/42/2000e–16a.md?p=c) or attempted [violation](/usc/42/2000e–16a.md?p=c).
  - (3) **State election—** The prohibition set forth in [paragraph (1)](#h-1) shall not apply in any [State](/usc/42/7602.md?p=d) 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](/usc/42/7602.md?p=d) notifying the President of such election.
  - (4) **Alternative approach—** The prohibition set forth in [paragraph (1)](#h-1) shall not apply in a [State](/usc/42/7602.md?p=d), and the President may implement an alternative approach, if—
    - (A) the Governor of the [State](/usc/42/7602.md?p=d) submits to the President a written description of an alternative approach to facilitate the compliance, by some or all foreign-registered [motor vehicles](/usc/42/7550.md?p=2), with the [motor vehicle](/usc/42/7550.md?p=2) inspection and maintenance requirements that are—
      - (i) related to emissions of [air pollutants](/usc/42/7602.md?p=g);
      - (ii) in effect under the [applicable implementation plan](/usc/42/7602.md?p=q) in the covered ozone [nonattainment area](/usc/42/7501.md?p=2); and
      - (iii) applicable to [motor vehicles](/usc/42/7550.md?p=2) of the same types and model years as the foreign-registered [motor vehicles](/usc/42/7550.md?p=2); and
    - (B) the President approves the alternative approach as facilitating compliance with the [motor vehicle](/usc/42/7550.md?p=2) inspection and maintenance requirements referred to in [subparagraph (A)](#h-4-A).
  - (5) **Definition of covered ozone nonattainment area—** In this section, the term “covered ozone [nonattainment area](/usc/42/7501.md?p=2)” means a Serious Area, as classified under [section 7511 of this title](/usc/42/7511.md) as of October 27, 1998.

## Footnotes

[^1]: So in original. Probably should be capitalized.
[^2]: See References in Text note below.

## 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.)

## Notes

### Editorial Notes

### 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, § 2, Oct. 21, 1976, 90 Stat. 2795. Subtitle C of the Act is classified generally to subchapter III (§ 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.

Section 1225 of title 33, referred to in subsec. (f)(2), was repealed by Pub. L. 115–282, title IV, § 402(e), Dec. 4, 2018, 132 Stat. 4264. See Transitional and Savings Provisions note preceding section 101 of Title 46, Shipping, and section 70011 of Title 46.

### Amendments

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

### Statutory Notes and Related Subsidiaries

### Effective Date of 1998 Amendment; Publication of Prohibition

Pub. L. 105–286, § 3, Oct. 27, 1998, 112 Stat. 2774, provided that: 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. 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.”

### Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.