42 U.S.C. § 7501 — Definitions

Page 7273 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7502 shall require affected States to revise within 12 months their implementation plans under sec- tion 7410 of this title to contain such emission limits, schedules of compliance, and other meas- ures as may be necessary to carry out regula- tions promulgated pursuant to this subsection. (f) Grand Canyon visibility transport commission The Administrator pursuant to subsection (c)(1) shall, within 12 months, establish a visi- bility transport commission for the region af- fecting the visibility of the Grand Canyon Na- tional Park. (July 14, 1955, ch. 360, title I, § 169B, as added Pub. L. 101–549, title VIII, § 816, Nov. 15, 1990, 104 Stat. 2695; amended Pub. L. 117–286, § 4(a)(269), Dec. 27, 2022, 136 Stat. 4335.) Editorial Notes REFERENCES IN TEXT The Clean Air Act Amendments of 1990, referred to in subsec. (b), probably means Pub. L. 101–549, Nov. 15, 1990, 104 Stat. 2399. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 7401 of this title and Tables. AMENDMENTS 2022—Subsec. (c)(4). Pub. L. 117–286 substituted ‘‘chap- ter 10 of title 5.’’ for ‘‘the Federal Advisory Committee Act.’’ PART D—PLAN REQUIREMENTS FOR NONATTAINMENT AREAS SUBPART 1—NONATTAINMENT AREAS IN GENERAL § 7501. Definitions For the purpose of this part— (1) REASONABLE FURTHER PROGRESS.—The term ‘‘reasonable further progress’’ means such annual incremental reductions in emis- sions of the relevant air pollutant as are re- quired by this part or may reasonably be re- quired 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 ‘‘non- attainment area’’ means, for any air pollut- ant, an area which is designated ‘‘nonattain- ment’’ 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 emis- sions 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 al- lowable under applicable new source standards of performance. (4) The terms ‘‘modifications’’ and ‘‘modi- fied’’ mean the same as the term ‘‘modifica- tion’’ as used in section 7411(a)(4) of this title. (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.) 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), amend- ed pars. (1) and (2) generally. Prior to amendment, pars. (1) and (2) read as follows: ‘‘(1) The term ‘reasonable further progress’ means an- nual incremental reductions in emissions of the appli- cable 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 ambi- ent 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 reli- able) to exceed any national ambient air quality stand- ard for such pollutant. Such term includes any area identified under subparagraphs (A) through (C) of sec- tion 7407(d)(1) of this title.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Part effective Aug. 7, 1977, except as otherwise ex- pressly 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. § 7502. Nonattainment plan provisions in general (a) Classifications and attainment dates (1) Classifications (A) On or after the date the Administrator promulgates the designation of an area as a nonattainment area pursuant to section 7407(d) of this title with respect to any na- tional ambient air quality standard (or any re- vised standard, including a revision of any standard in effect on November 15, 1990), the Administrator may classify the area for the purpose of applying an attainment date pursu- ant to paragraph (2), and for other purposes. In determining the appropriate classification, if any, for a nonattainment area, the Adminis- trator may consider such factors as the sever- ity of nonattainment in such area and the availability and feasibility of the pollution control measures that the Administrator be- lieves may be necessary to provide for attain- ment of such standard in such area. (B) The Administrator shall publish a notice in the Federal Register announcing each clas- sification under subparagraph (A), except the Administrator shall provide an opportunity for at least 30 days for written comment. Such classification shall not be subject to the provi- sions of sections 553 through 557 of title 5 (con- cerning notice and comment) and shall not be