Page:United States Statutes at Large Volume 104 Part 4.djvu/129

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PUBLIC LAW 101-549—NOV. 15, 1990 104 STAT. 2445 " (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, the use, consumption, storage, disposal, 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 211, or motor vehicles, non-road vehicles, and non-road engines as defined under section 216. "(C) REGULATED ENTITIES.— The term 'regulated entities' means— "(i) manufacturers, processors, wholesale distributors, or importers of consumer or commercial products for sale or distribution in interstate commerce in the United States; or "(ii) manufacturers, processors, wholesale distributors, or importers that supply the entities listed under clause (i) with such products for sale or distribution in interstate commerce in the United States. '(2) STUDY AND REPORT. — "(A) STUDY.— The Administrator 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 the date of the enactment of the Clean Air Act Amendments of 1990. "(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 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), the Administrator shall list those categories of consumer or commercial products that the Administrator determines, based on the study, account for at least 80 percent of the VOC emissions, on a reactivity- adjusted basis, from consumer or commercial products in 39-194O-91-5:QL3Part4