PRIA, Government Policy, Made Personal

Summary

Defines key terms used for enforcing air-quality rules. Reasonable further progress means the yearly cuts in pollution required here or set by the Administrator so an area meets the national air quality standard by its deadline. Nonattainment area means a place officially labeled “nonattainment” for that pollutant under the Act. Lowest achievable emission rate means, for a source, the stricter of the toughest limit in any State plan for that source (unless the owner proves it is not achievable) or the strictest limit actually achieved by similar sources; it also may not let a new or changed source emit more than allowed by applicable new-source performance standards. Modifications and modified mean the same as “modification” as used elsewhere in the Act.

Title 42, §7501

The Public Health and Welfare, Source: USLM XML via OLRC

For the purpose of this part—

(1)Reasonable further progress.—

The term “reasonable further progress” means such annual incremental reductions in emissions of the relevant air pollutant as are required by this part or may reasonably be required by the Administrator for the purpose of ensuring attainment of the applicable national ambient air quality standard by the applicable date.

(2)Nonattainment area.—

The term “nonattainment area” means, for any air pollutant, an area which is designated “nonattainment” with respect to that pollutant within the meaning of section 7407(d) of this title.

(3)The term “lowest achievable emission rate” means for any source, that rate of emissions which reflects—

(A)the most stringent emission limitation which is contained in the implementation plan of any State for such class or category of source, unless the owner or operator of the proposed source demonstrates that such limitations are not achievable, or

(B)the most stringent emission limitation which is achieved in practice by such class or category of source, whichever is more stringent.

In no event shall the application of this term permit a proposed new or modified source to emit any pollutant in excess of the amount allowable under applicable new source standards of performance.

(4)The terms “modifications” and “modified” mean the same as the term “modification” as used in section 7411(a)(4) of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1990—Pub. L. 101–549, § 102(a)(2)(A), struck out “and section 7410(a)(2)(I) of this title” after “purpose of this part”. Pars. (1), (2). Pub. L. 101–549, § 102(a)(2)(B), (C), amended pars. (1) and (2) generally. Prior to amendment, pars. (1) and (2) read as follows: “(1) The term ‘reasonable further progress’ means annual incremental reductions in emissions of the applicable air pollutant (including substantial reductions in the early years following approval or promulgation of plan provisions under this part and section 7410(a)(2)(I) of this title and regular reductions thereafter) which are sufficient in the judgment of the Administrator, to provide for attainment of the applicable national ambient air quality standard by the date required in section 7502(a) of this title. “(2) The term ‘nonattainment area’ means, for any air pollutant an area which is shown by monitored data or which is calculated by air quality modeling (or other methods determined by the Administrator to be reliable) to exceed any national ambient air quality standard for such pollutant. Such term includes any area identified under subparagraphs (A) through (C) of section 7407(d)(1) of this title.”

Statutory Notes and Related Subsidiaries

Effective Date

Part effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as an

Effective Date

of 1977 Amendment note under section 7401 of this title.

§7501 Definitions

Summary

Title 42, §7501

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata