316 
technique guidelines under this division in lieu of regulations re-
quired under subparagraph (A) if the Administrator determines 
that control technique guidelines will be substantially as effective 
as regulations in reducing emissions of volatile organic compounds 
that contribute to ozone levels in areas that violate the NAAQS 
for ozone. 
(4) SYSTEMS
OF
REGULATION.—The regulations under this sub-
section may include any system or systems of regulation as the Admin-
istrator considers 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 a consumer or commercial product. 
(5) SPECIAL FUND.—Any amounts collected by the Administrator 
under the regulations shall be deposited in the Treasury in a special 
fund 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 sub-
section shall be treated, for purposes of enforcement of this division, 
as a standard under section 211111 of this title, and any violation of 
such a regulation shall be treated as a violation of a requirement of 
section 211111(j) 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 that the State procedure is adequate, the Adminis-
trator shall approve the procedure. Nothing in this paragraph shall 
prohibit the Administrator from enforcing any applicable regulation 
under this subsection. 
(8) SIZE, SHAPE, AND LABELING.—No regulation regarding the size, 
shape, or labeling of a consumer or commercial may be promulgated, 
unless the Administrator determines such a regulation to be useful in 
meeting any NAAQS. 
(9) STATE CONSULTATION.—Any State that 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 cov-
ered under this chapter. The Administrator shall establish a clearing-
house of information, studies, and regulations proposed and promul-
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00316
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS
317 
gated regarding consumer or commercial products and disseminate the 
information collected as requested by State or local subdivisions. 
(f) TANK VESSEL STANDARDS.— 
(1) IN GENERAL.— 
(A) STANDARDS.—The Administrator, in consultation with the 
Secretary of the department in which the Coast Guard is oper-
ating, shall promulgate standards applicable to the emission of 
volatile organic compounds and any other air pollutant from load-
ing and unloading of tank vessels (as defined in section 2101 of 
title 46) that the Administrator finds causes, or contributes to, air 
pollution that may be reasonably anticipated to endanger public 
health or welfare. The standards shall require the application of 
reasonably available control technology, considering costs, any 
non-air-quality benefits, environmental impacts, energy require-
ments, and safety factors associated with alternative control tech-
niques. To the extent practicable, the standards shall apply to 
loading and unloading facilities and not to tank vessels. 
(B) EFFECTIVE DATE.—Any regulation promulgated under this 
subsection (and any revision thereof) shall take effect after such 
period as the Administrator finds (after consultation with the Sec-
retary of the department in which the Coast Guard is operating) 
necessary to permit the development and application of the req-
uisite technology, giving appropriate consideration to the cost of 
compliance within that period, except that the effective date shall 
be not more than 2 years after promulgation of the regulations. 
(2) REGULATIONS ON EQUIPMENT SAFETY.—The Secretary of the 
department in which the Coast Guard is operating shall issue regula-
tions to ensure the safety of the equipment and operations that are to 
control emissions from the loading and unloading of tank vessels under 
section 3703 of title 46 and section 6 of the Ports and Waterways 
Safety Act (33 U.S.C. 1225). The standards promulgated by the Ad-
ministrator under paragraph (1) and the regulations issued by a State 
or political subdivision regarding emissions from the loading and un-
loading of tank vessels shall be consistent with the regulations regard-
ing safety of the department in which the Coast Guard is operating. 
(3) AGENCY AUTHORITY.— 
(A) EMISSION
STANDARDS.—The Administrator shall ensure 
compliance with the tank vessel emission standards promulgated 
under paragraph (1)(A). The Secretary of the department in 
which the Coast Guard is operating shall ensure compliance with 
the tank vessel standards promulgated under paragraph (1)(A). 
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00317
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS
318 
(B) SAFETY REGULATIONS.—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 promul-
gates standards under this section, no State or political subdivision 
thereof may adopt or attempt to enforce any standard respecting emis-
sions from tank vessels subject to regulation under paragraph (1) un-
less the State or local 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 division, as 
a standard under section 211111 of this title, and any violation of such 
a standard shall be treated as a violation of a requirement of section 
211111(j) of this title. 
(g) VEHICLES ENTERING OZONE NONATTAINMENT AREAS.— 
(1) DEFINITION OF COVERED OZONE NONATTAINMENT AREA.—In 
this subsection, the term ‘‘covered ozone nonattainment area’’ means 
a serious area, as classified under section 181 of the Clean Air Act (42 
U.S.C. 7511) as of October 27, 1998. 
(2) 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 nonattain-
ment 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 in-
spection and maintenance of noncommercial motor 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 inspec-
tion and maintenance requirements as are in effect and are appli-
cable to motor vehicles of the same type and model year. 
(3) 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 
2d violation or attempted violation and $400 for the 3d and each sub-
sequent violation or attempted violation. 
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00318
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS
319 
(4) STATE ELECTION.—The prohibition set forth in paragraph (1) 
shall not apply in any State that elects to be exempt from the prohibi-
tion. Such an election shall take effect on the President’s receipt of 
written notice from the Governor of the State notifying the President 
of the election. 
(5) ALTERNATIVE APPROACH.—The prohibition set forth in para-
graph (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 writ-
ten description of an alternative approach to facilitate the compli-
ance, 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 facili-
tating compliance with the motor vehicle inspection and mainte-
nance requirements described in subparagraph (A). 
§ 215205. Control of interstate ozone air pollution 
(a) OZONE TRANSPORT REGIONS.— 
(1) IN GENERAL.—There is established a single interstate transport 
region for ozone (within the meaning of section 215108(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. 
(2) ADDITION AND REMOVAL OF STATES.—The Administrator, on 
the Administrator’s own motion, on petition from the Governor of any 
State, or on the recommendation of the interstate transport commission 
established by paragraph (1) or the interstate transport commission es-
tablished for any other interstate transport region for ozone, may— 
(A) add any State or portion of a State to an interstate trans-
port region established under paragraph (1) or other interstate 
transport region for ozone when the Administrator has reason to 
believe that the interstate transport of air pollutants from that 
State significantly contributes to a violation of the NAAQS for 
ozone in the interstate transport region; or 
(B) remove any State or portion of a State from an interstate 
transport region when the Administrator has reason to believe that 
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00319
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS