U.S. Code » Title 42 » Chapter CHAPTER 85— AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER I— PROGRAMS AND ACTIVITIES › Part Part D— Plan Requirements for Nonattainment Areas › Subpart subpart 2— additional provisions for ozone nonattainment areas

42 U.S.C. § 7511c

Control of interstate ozone air pollution

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(a) Ozone transport regions

A single transport region for ozone (within the meaning of section 7506a(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, is hereby established by operation of law. The provisions of section 7506a(a)(1) and (2) of this title shall apply with respect to the transport region established under this section and any other transport region established for ozone, except to the extent inconsistent with the provisions of this section. The Administrator shall convene the commission required (under section 7506a(b) of this title) as a result of the establishment of such region within 6 months of November 15, 1990.

(b) Plan provisions for States in ozone transport regions(1) In accordance with section 7410 of this title, not later than 2 years after November 15, 1990 (or 9 months after the subsequent inclusion of a State in a transport region established for ozone), each State included within a transport region established for ozone shall submit a State implementation plan or revision thereof to the Administrator which requires the following—(A) that each area in such State that is in an ozone transport region, and that is a metropolitan statistical area or part thereof with a population of 100,000 or more comply with the provisions of section 7511a(c)(2)(A) of this title (pertaining to enhanced vehicle inspection and maintenance programs); and(B) implementation of reasonably available control technology with respect to all sources of volatile organic compounds in the State covered by a control techniques guideline issued before or after November 15, 1990.(2) Within 3 years after November 15, 1990, the Administrator shall complete a study identifying control measures capable of achieving emission reductions comparable to those achievable through vehicle refueling controls contained in section 7511a(b)(3) of this title, and such measures or such vehicle refueling controls shall be implemented in accordance with the provisions of this section. Notwithstanding other deadlines in this section, the applicable implementation plan shall be revised to reflect such measures within 1 year of completion of the study. For purposes of this section any stationary source that emits or has the potential to emit at least 50 tons per year of volatile organic compounds shall be considered a major stationary source and subject to the requirements which would be applicable to major stationary sources if the area were classified as a Moderate nonattainment area.(c) Additional control measures(1) Recommendations

Upon petition of any State within a transport region established for ozone, and based on a majority vote of the Governors on the Commission 11 So in original. Probably should not be capitalized. (or their designees), the Commission 1 may, after notice and opportunity for public comment, develop recommendations for additional control measures to be applied within all or a part of such transport region if the commission determines such measures are necessary to bring any area in such region into attainment by the dates provided by this subpart. The commission shall transmit such recommendations to the Administrator.

(2) Notice and reviewWhenever the Administrator receives recommendations prepared by a commission pursuant to paragraph (1) (the date of receipt of which shall hereinafter in this section be referred to as the “receipt date”), the Administrator shall—(A) immediately publish in the Federal Register a notice stating that the recommendations are available and provide an opportunity for public hearing within 90 days beginning on the receipt date; and(B) commence a review of the recommendations to determine whether the control measures in the recommendations are necessary to bring any area in such region into attainment by the dates provided by this subpart and are otherwise consistent with this chapter.(3) Consultation

In undertaking the review required under paragraph (2)(B), the Administrator shall consult with members of the commission of the affected States and shall take into account the data, views, and comments received pursuant to paragraph (2)(A).

(4) Approval and disapprovalWithin 9 months after the receipt date, the Administrator shall (A) determine whether to approve, disapprove, or partially disapprove and partially approve the recommendations; (B) notify the commission in writing of such approval, disapproval, or partial disapproval; and (C) publish such determination in the Federal Register. If the Administrator disapproves or partially disapproves the recommendations, the Administrator shall specify—(i) why any disapproved additional control measures are not necessary to bring any area in such region into attainment by the dates provided by this subpart or are otherwise not consistent with the 22 So in original. Probably should be “this”. chapter; and(ii) recommendations concerning equal or more effective actions that could be taken by the commission to conform the disapproved portion of the recommendations to the requirements of this section.(5) Finding

Upon approval or partial approval of recommendations submitted by a commission, the Administrator shall issue to each State which is included in the transport region and to which a requirement of the approved plan applies, a finding under section 7410(k)(5) of this title that the implementation plan for such State is inadequate to meet the requirements of section 7410(a)(2)(D) of this title. Such finding shall require each such State to revise its implementation plan to include the approved additional control measures within one year after the finding is issued.

(d) Best available air quality monitoring and modeling

For purposes of this section, not later than 6 months after November 15, 1990, the Administrator shall promulgate criteria for purposes of determining the contribution of sources in one area to concentrations of ozone in another area which is a nonattainment area for ozone. Such criteria shall require that the best available air quality monitoring and modeling techniques be used for purposes of making such determinations.

(July 14, 1955, ch. 360, title I, § 184, as added Pub. L. 101–549, title I, § 103, Nov. 15, 1990, 104 Stat. 2448.)
Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1994–2023 · leading case: Commonwealth of Virginia v. Env't Prot. Agency, State of Connecticut, Intervenors, 108 F.3d 1397 (D.C. Cir. 1997).
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Commonwealth of Virginia v. Env't Prot. Agency, State of Connecticut, Intervenors, 108 F.3d 1397 (D.C. Cir. 1997). · cites it 7× “CAA § 184, 42 U.S.C. § 7511c. As part of the 1990 amendments, section 184 set up a panel consisting of the governors of the twelve states (and the Mayor of the District of Columbia) or their delegates.”
Del. Dep't of Nat. Res. & Envtl. Control v. Envtl. Prot. Agency, 895 F.3d 90 (D.C. Cir. 2018). “Finally, Delaware argues that Maryland and Pennsylvania were not in compliance with their SIPs because those SIPs lacked certain provisions required by 42 U.S.C. § 7511c(b)(1)(B). This argument was forfeited because no commenter raised it before the agency during rulemaking.”
Michigan v. U.S. Env't Prot. Agency, 213 F.3d 663 (D.C. Cir. 2000). · cites it 4× “See 42 U.S.C. § 7511c(a). The section also requires that “[i]n accordance with [section 110] .”
Delaware Dep't of Nat. Resources & Env't Control v. Env't Prot. Agency, 785 F.3d 1 (D.C. Cir. 2015). “Second, the eongressionally created Northeast Ozone Transport Region includes Delaware and other states in the mid-Atlantic and northeast regions, see 42 U.S.C. § 7511c, and we have previously noted that ozone pollution from these states contributes to pollution in each other.”
Ogden Projects, Inc. v. New Morgan Landfill Co., Inc., 911 F. Supp. 863 (E.D. Pa. 1996). · cites it 3× “See 42 U.S.C. § 7511c(a); 40 C.F.R. 81.339 (1994); Stip.”
Sierra Club v. EPA, 972 F.3d 290 (3rd Cir. 2020). “Therefore, RACT is “the lowest emission limitation that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility.”
New York v. E.P.A., 921 F.3d 257 (D.C. Cir. 2019). · cites it 2× “42 U.S.C. § 7511c(a). Years later several States in the Region requested the Environmental Protection Agency to expand the Region to include the upwind States of Illinois, Indiana, Kentucky, Michigan, North Carolina, Ohio, Tennessee, West Virginia, and the remaining portions of…”
Conservation Law Found., Inc. v. Dep't of the Air Force, 864 F. Supp. 265 (D.N.H. 1994). · cites it 2× “42 U.S.C. § 7511c(a). The transport region encompassed the state of New Hampshire.”
Gasoline Marketers of Vermont, Inc. v. Agency of Nat. Resources, 739 A.2d 1230 (Vt. 1999). “§ 558, the Secretary of ANR has the authority to “establish such emission control requirements, by rule, as in [her] judgment may be necessary to prevent, abate, or control air pollution.” The regulations require gasoline stations with a throughput of 400,000 gallons or more of…”
Ctr. for Biological Diversit v. EPA, 75 F.4th 174 (3rd Cir. 2023). “42 U.S.C. § 7511c. 5 Pennsylvania is both part of the Ozone Transport Region and has several areas within it that are in nonattainment with the 1997 and 2008 iterations of the ozone NAAQS.”
Am. Auto. Mfrs. Ass'n v. Comm'r, Massachusetts Dep't of Env't Prot., 998 F. Supp. 10 (D. Mass. 1997). “CAA § 184; 42 U.S.C. § 7511c(a). Congress established the Northeast OTR upon a deter *15 mination that the transport of ozone may require that the Northeast states’ efforts to attain the ozone NAAQS be interdependent.”
State of New York v. EPA (D.C. Cir. 2019). · cites it 2× “42 U.S.C. § 7511c(a). Years later several States in the Region requested the Environmental Protection Agency to expand the Region to include the upwind States of Illinois, Indiana, Kentucky, Michigan, North Carolina, Ohio, Tennessee, West Virginia, and the remaining portions of…”
Show all 14 citing cases →
— 42 U.S.C. § 7511c(a) — 10 cases
Commonwealth of Virginia v. Env't Prot. Agency, State of Connecticut, Intervenors, 108 F.3d 1397 (D.C. Cir. 1997). “CAA § 184, 42 U.S.C. § 7511c. As part of the 1990 amendments, section 184 set up a panel consisting of the governors of the twelve states (and the Mayor of the District of Columbia) or their delegates.”
Sierra Club v. EPA, 972 F.3d 290 (3rd Cir. 2020). “Therefore, RACT is “the lowest emission limitation that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility.”
Michigan v. U.S. Env't Prot. Agency, 213 F.3d 663 (D.C. Cir. 2000). “See 42 U.S.C. § 7511c(a). The section also requires that “[i]n accordance with [section 110] .”
Ogden Projects, Inc. v. New Morgan Landfill Co., Inc., 911 F. Supp. 863 (E.D. Pa. 1996). “See 42 U.S.C. § 7511c(a); 40 C.F.R. 81.339 (1994); Stip.”
Gasoline Marketers of Vermont, Inc. v. Agency of Nat. Resources, 739 A.2d 1230 (Vt. 1999). “§ 558, the Secretary of ANR has the authority to “establish such emission control requirements, by rule, as in [her] judgment may be necessary to prevent, abate, or control air pollution.” The regulations require gasoline stations with a throughput of 400,000 gallons or more of…”
— 42 U.S.C. § 7511c(b) — 4 cases
Michigan v. U.S. Env't Prot. Agency, 213 F.3d 663 (D.C. Cir. 2000). “See 42 U.S.C. § 7511c(a). The section also requires that “[i]n accordance with [section 110] .”
New York v. E.P.A., 921 F.3d 257 (D.C. Cir. 2019). “42 U.S.C. § 7511c(a). Years later several States in the Region requested the Environmental Protection Agency to expand the Region to include the upwind States of Illinois, Indiana, Kentucky, Michigan, North Carolina, Ohio, Tennessee, West Virginia, and the remaining portions of…”
Conservation Law Found., Inc. v. Dep't of the Air Force, 864 F. Supp. 265 (D.N.H. 1994). “42 U.S.C. § 7511c(a). The transport region encompassed the state of New Hampshire.”
State of New York v. EPA (D.C. Cir. 2019). “42 U.S.C. § 7511c(a). Years later several States in the Region requested the Environmental Protection Agency to expand the Region to include the upwind States of Illinois, Indiana, Kentucky, Michigan, North Carolina, Ohio, Tennessee, West Virginia, and the remaining portions of…”
— 42 U.S.C. § 7511c(b)(1)(B) — 1 case
Del. Dep't of Nat. Res. & Envtl. Control v. Envtl. Prot. Agency, 895 F.3d 90 (D.C. Cir. 2018). “Finally, Delaware argues that Maryland and Pennsylvania were not in compliance with their SIPs because those SIPs lacked certain provisions required by 42 U.S.C. § 7511c(b)(1)(B). This argument was forfeited because no commenter raised it before the agency during rulemaking.”
— 42 U.S.C. § 7511c(b)(2) — 1 case
Ogden Projects, Inc. v. New Morgan Landfill Co., Inc., 911 F. Supp. 863 (E.D. Pa. 1996). “See 42 U.S.C. § 7511c(a); 40 C.F.R. 81.339 (1994); Stip.”
— 42 U.S.C. § 7511c(c) — 1 case
Michigan v. U.S. Env't Prot. Agency, 213 F.3d 663 (D.C. Cir. 2000). “See 42 U.S.C. § 7511c(a). The section also requires that “[i]n accordance with [section 110] .”
— 42 U.S.C. § 7511c(c)(5) — 1 case
Commonwealth of Virginia v. Env't Prot. Agency, State of Connecticut, Intervenors, 108 F.3d 1397 (D.C. Cir. 1997). “CAA § 184, 42 U.S.C. § 7511c. As part of the 1990 amendments, section 184 set up a panel consisting of the governors of the twelve states (and the Mayor of the District of Columbia) or their delegates.”
— 42 U.S.C. § 7511c(e)(5) — 1 case
Commonwealth of Virginia v. Env't Prot. Agency, State of Connecticut, Intervenors, 108 F.3d 1397 (D.C. Cir. 1997). “CAA § 184, 42 U.S.C. § 7511c. As part of the 1990 amendments, section 184 set up a panel consisting of the governors of the twelve states (and the Mayor of the District of Columbia) or their delegates.”
— 42 U.S.C. § 7511c(e)(l) — 1 case
Commonwealth of Virginia v. Env't Prot. Agency, State of Connecticut, Intervenors, 108 F.3d 1397 (D.C. Cir. 1997). “CAA § 184, 42 U.S.C. § 7511c. As part of the 1990 amendments, section 184 set up a panel consisting of the governors of the twelve states (and the Mayor of the District of Columbia) or their delegates.”
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