42 U.S.C. § 7501 — Definitions
submitted 71 years ago by Pub. L. 95-95 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 228 words · no verdicts yet
This section defines four terms used in the Clean Air Act's nonattainment rules: "reasonable further progress," "nonattainment area," "lowest achievable emission rate," and "modifications."
(1) Reasonable further progress: Yearly emission cuts of a pollutant that this part requires, or that the Administrator* may reasonably require, to make sure an area meets the national air quality standard by its deadline.
(2) Nonattainment area: For any pollutant, an area the government has designated "nonattainment" for that pollutant under section 7407(d) of this title.
(3) "Lowest achievable emission rate" means, for any source, whichever is stricter: (A) the toughest emission limit in any state's plan for that type of source, unless the source's owner* shows it isn't achievable, or (B) the toughest limit actually achieved in practice by that type of source. Either way, this term can never let a new or modified source emit more than federal new-source performance standards allow.
(4) "Modifications" and "modified" mean the same as "modification" in section 7411(a)(4) of this title.
For the purpose of this part—
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.
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.
The term “lowest achievable emission rate” means for any source, that rate of emissions which reflects—
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
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.
The terms “modifications” and “modified” mean the same as the term “modification” as used in section 7411(a)(4) of this title.
Source credit: (July 14, 1955, ch. 360, title I, § 171, as added Pub. L. 95–95, title I, § 129(b), Aug. 7, 1977, 91 Stat. 745; amended Pub. L. 101–549, title I, § 102(a)(2), Nov. 15, 1990, 104 Stat. 2412.)
- 1955Enacted · Pub. L. 95-95 · 91 Stat. 745
- 1990Amended · Pub. L. 101-549 · 104 Stat. 2412
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-95 on 1955-07-14.
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