
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7501]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                  SUBCHAPTER I--PROGRAMS AND ACTIVITIES
 
            Part D--Plan Requirements for Nonattainment Areas
 
                subpart 1--nonattainment areas in general
 
Sec. 7501. Definitions

    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.

(July 14, 1955, ch. 360, title I, Sec. 171, as added Pub. L. 95-95, 
title I, Sec. 129(b), Aug. 7, 1977, 91 Stat. 745; amended Pub. L. 101-
549, title I, Sec. 102(a)(2), Nov. 15, 1990, 104 Stat. 2412.)


                               Amendments

    1990--Pub. L. 101-549, Sec. 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, Sec. 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.''


                             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.

                  Section Referred to in Other Sections

    This section is referred to in sections 7410, 7412, 7503, 7513a of 
this title.
