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a finding, section 215111 of this title shall not apply, by reason of the 
failure to make such a demonstration, in the portion of the multi-State 
ozone nonattainment area within the State submitting the petition. 
§ 215204. Federal ozone measures 
(a) CONTROL TECHNIQUE GUIDELINES FOR VOLATILE ORGANIC COM-
POUND SOURCES.—The Administrator shall issue control technique guide-
lines, in accordance with section 211108 of this title, for 11 categories of 
stationary sources of volatile organic compound emissions for which control 
technique guidelines had not been issued as of November 15, 1990, not in-
cluding the categories described in paragraphs (3) and (4) of subsection (b). 
The Administrator may issue such additional control technique guidelines as 
the Administrator considers necessary. 
(b) EXISTING AND NEW CONTROL TECHNIQUE GUIDELINES.— 
(1) REVIEW AND UPDATING.—The Administrator shall periodically 
review and, if necessary, update control technique guidelines issued 
under section 108 of the Clean Air Act (42 U.S.C. 7408) before No-
vember 15, 1990. 
(2) PRIORITY.—In issuing the control technique guidelines the Ad-
ministrator shall give priority to categories that the Administrator con-
siders 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 that are permitted 
under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et 
seq.). The Administrator shall periodically review and, if necessary, re-
vise the control technique guidelines. 
(3) AEROSPACE COATINGS AND SOLVENTS.— 
(A) IN GENERAL.—The Administrator shall issue control tech-
nique guidelines in accordance with section 211108 of this title to 
reduce the aggregate emissions of volatile organic compounds into 
the ambient air from aerospace coatings and solvents. The control 
technique guidelines shall, at a minimum, be adequate to reduce 
aggregate emissions of volatile organic compounds into the ambi-
ent air from the application of aerospace coatings and solvents to 
such level as the Administrator determines may be achieved 
through the adoption of best available control measures. The con-
trol technique 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 the control technique guidelines. 
(B) CONSULTATION.—In developing control technique guidelines 
under this paragraph, the Administrator shall consult with the 
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Secretary of Defense, the Secretary of Transportation, and the 
Administrator of the National Aeronautics and Space Administra-
tion with regard to the establishment of specifications for aero-
space coatings. 
(C) CONSIDERATIONS.—In evaluating volatile organic compound 
reduction strategies, the guidance shall take into account— 
(i) the applicable requirements of section 211112 of this 
title; and 
(ii) the need to protect stratospheric ozone. 
(4) SHIPBUILDING AND SHIP REPAIR PAINTS, COATINGS, AND SOL-
VENTS.— 
(A) IN GENERAL.—The Administrator shall issue control tech-
nique guidelines in accordance with section 211108 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. The control tech-
nique guidelines shall, at a minimum, be adequate to reduce ag-
gregate 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 deter-
mines may be achieved through the adoption of the best available 
control measures. The control technique 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 the control tech-
nique guidelines. 
(B) CONSULTATION.—In developing control technique guidelines 
under this paragraph, the Administrator shall consult with the ap-
propriate Federal agencies. 
(c) ALTERNATIVE CONTROL TECHNIQUES.—The Administrator shall 
issue technical documents that identify alternative controls for all categories 
of stationary sources of volatile organic compounds and nitrogen oxides that 
emit, or have the potential to emit, 25 or more tons per year of volatile or-
ganic compounds and nitrogen oxides. The Administrator shall revise and 
update the documents as the Administrator determines to be necessary. 
(d) GUIDANCE FOR EVALUATING COST-EFFECTIVENESS.—The Adminis-
trator shall provide guidance to the States to be used in evaluating the rel-
ative cost-effectiveness of various options for the control of emissions from 
existing stationary sources of air pollutants that contribute to nonattain-
ment of the NAAQSes for ozone. 
(e) CONTROL OF EMISSIONS FROM CERTAIN SOURCES.— 
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(1) DEFINITIONS.—In this subsection: 
(A) BEST
AVAILABLE
CONTROLS.—The term ‘‘best available 
controls’’ means the degree of emission reduction that the Admin-
istrator determines, on the basis of technological and economic 
feasibility, health, environmental, and energy impacts, is achiev-
able through the application of the most effective equipment, 
measures, processes, methods, systems, or techniques, including 
chemical reformulation, product or feedstock substitution, repack-
aging, and directions for use, consumption, storage, or disposal. 
(B) CONSUMER OR COMMERCIAL PRODUCT.— 
(i) IN
GENERAL.—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. 
(ii) EXCLUSIONS.—The term ‘‘consumer or commercial 
product’’ does not include— 
(I) a fuel or fuel additive regulated under section 
221111 of this title; or 
(II) a motor vehicle, nonroad vehicle, or nonroad en-
gine (as defined under section 221101 of this title). 
(C) REGULATED
ENTITY.—The term ‘‘regulated entity’’ 
means— 
(i) a manufacturer, processor, wholesale distributor, or im-
porter of consumer or commercial products for sale or dis-
tribution in interstate commerce; or 
(ii) a manufacturer, processor, wholesale distributor, or im-
porter that supplies entities described in clause (i) with con-
sumer or commercial products for sale or distribution in 
interstate commerce. 
(2) STUDY AND REPORT.— 
(A) STUDY.—The Administrator shall conduct a study of and 
submit to Congress a report on the emissions of volatile organic 
compounds into the ambient air from consumer and commercial 
products (or any combination thereof) to— 
(i) determine their potential to contribute to ozone levels 
that violate the NAAQS for ozone; and 
(ii) establish criteria for regulating consumer and commer-
cial products or classes or categories thereof that shall be 
subject to control under this subsection. 
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(B) CONSIDERATION
OF
CERTAIN
FACTORS.—In establishing 
the criteria under subparagraph (A)(ii), the Administrator 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 con-
sumer and commercial products. 
(iii) Consumer and commercial products that emit highly 
reactive volatile organic compounds into the ambient air. 
(iv) Consumer and commercial products that are subject to 
the most cost-effective controls. 
(v) The availability of alternatives (if any) to consumer and 
commercial products that are of comparable costs, considering 
health, safety, and environmental impacts. 
(3) REGULATIONS TO REQUIRE EMISSION REDUCTIONS.— 
(A) IN GENERAL.—On submission of the report under para-
graph (2), the Administrator shall list the categories of consumer 
or commercial products that the Administrator determines, based 
on the study, account for at least 80 percent of the volatile organic 
compound emissions, on a reactivity-adjusted basis, from consumer 
or commercial products in areas that violate the NAAQSes for 
ozone. Credit toward the 80 percent emissions calculation shall be 
given for emission reductions from consumer or commercial prod-
ucts made after November 15, 1990. The Administrator shall di-
vide the list into 4 groups and promulgate regulations for all 4 
groups. 
(B) BEST AVAILABLE CONTROLS.—The regulations shall require 
best available controls. 
(C) HEALTH
USE
PRODUCTS.—The regulations may exempt 
health use products for which the Administrator determines there 
is no suitable substitute. 
(D) CONTROL OR PROHIBITION OF ACTIVITY.—To carry out this 
section, the Administrator may, by regulation, control or prohibit 
any activity (including the manufacture or introduction into com-
merce, offering for sale, or sale of any consumer or commercial 
product) that results in emission of volatile organic compounds 
into the ambient air. 
(E) REGULATED ENTITIES.—Regulations under this subsection 
may be imposed only with respect to regulated entities. 
(F) USE OF CONTROL TECHNIQUE GUIDELINES.—For any con-
sumer or commercial product, the Administrator may issue control 
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