U.S. Code » Title 42 » Chapter CHAPTER 85— AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER I— PROGRAMS AND ACTIVITIES › Part Part D— Plan Requirements for Nonattainment Areas › Subpart subpart 1— nonattainment areas in general

42 U.S.C. § 7501

Definitions

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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, § 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 NotesAmendments

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 SubsidiariesEffective 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.

Notes of Decisions
Cited in 56 cases (3 in the last 5 years), 1980–2025 · leading case: Alaska Dep't of Env't Conservation v. Env't Prot. Agency, 540 U.S. 461 (2004).
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Alaska Dep't of Env't Conservation v. Env't Prot. Agency, 540 U.S. 461 (2004). · cites it 2× “achievable" appear in the Act's standards for new sources in nonattainment areas, 42 U.S.C. §§ 7501 (3) and 7503(a)(2) ("lowest achievable emission rate" (internal quotation marks omitted)), and its technology-based standard for hazardous emissions, § 7412(d)(2) ("maximum degree…”
Nat. Resources Def. Council v. Env't Prot. Agency, 571 F.3d 1245 (D.C. Cir. 2009). · cites it 3× “" CAA § 171(1), 42 U.S.C. § 7501 (1). The Act is therefore ambiguous as to what reductions are required when no further progress toward attainment is necessary — or, for that matter, possible.”
New York v. U.S. Env't Prot. Agency, 413 F.3d 3 (D.C. Cir. 2005). “42 U.S.C. § 7501 (4). Similarly, the PSD portion of the statute provides that “construction” includes “the modification (as defined in section 7411(a) of this title) of any source or facility.”
City of Seabrook, Texas v. United States Env't Prot. Agency, 659 F.2d 1349 (5th Cir. 1981). · cites it 2× “See CAA § 171(3), 42 U.S.C. § 7501 (3) (defining “lowest achievable emission rate”).”
Alabama Power Co. v. Douglas M. Costle, as Adm'r, Env't Prot. Agency, Sierra Club, Intervenors., 636 F.2d 323 (D.C. Cir. 1980). “Such term includes any area identified under paragraphs (A) through (C) of section 107(d)(1).”
Ass'n of Irritated Residents v. C & R Vanderham Dairy, 435 F. Supp. 2d 1078 (E.D. Cal. 2006). · cites it 2× “] (relating to significant deterioration of air quality) or part D of title I [42 USCS §§ 7501 et seq.] (relating to nonattainment) or who is alleged to have violated (if there is evidence that the alleged violation has been repeated) or to be in violation of any condition of…”
Sierra Club v. Douglas M. Costle, Adm'r of the Env't Prot. Agency, Nat'l Coal Ass'n, Alabama Power Co., Intervenors, 657 F.2d 298 (D.C. Cir. 1981). “42 U.S.C. § 7501 (3). The Conference Committee Report explained: In determining whether an emission rate is achievable, cost will have to be taken into account, but cost factors in the nonattainment context will have somewhat less weight than in determining new source…”
Sierra Club v. Lee M. Thomas, Adm'r, Env't Prot. Agency, Am. Mining Cong., Nat'l Coal Ass'n, Intervenors, 828 F.2d 783 (D.C. Cir. 1987). “42 U.S.C. § 7501 et seq. 93 . See 49 Fed.”
Citizens for a Better Env't v. Wilson, 775 F. Supp. 1291 (N.D. Cal. 1991). · cites it 2× “We begin by noting that the 1990 amendments did not change the general concept of “reasonable further progress.” Under both the 1977 and the 1990 amendments, reasonable further progress denotes the annual incremental reductions in emissions that are necessary to achieve federal…”
Texas v. United States Env't Prot. Agency, 690 F.3d 670 (5th Cir. 2012). · cites it 2× “24 Case: 10-60614 Document: 00511954180 Page: 25 Date Filed: 08/13/2012 10-60614 a revision of a plan if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in [ 42 U.S.C. § 7501 ]), or any other…”
Gen. Motors Corp. v. United States, 496 U.S. 530 (1990). “§ 171(2), 42 U. S. C. §7501 (2) (1982 ed.). The deadline for attainment of the primary NAAQS in a nonattainment area was December 31, 1982.”
Env't Council of Sacramento v. Slater, 184 F. Supp. 2d 1016 (E.D. Cal. 2000). “See 42 U.S.C. § 7501 et seq. The EPA, with the concurrence of DOT, promulgated regulations to establish procedures for implementing the conformity requirement which are codified at 40 C.”
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— 42 U.S.C. § 7501(2) — 1 case
Scope of the Env't Prot. Agency's Discretion to Adopt Any One of Three Alt. Interpretations of the Mitchell-Conte Amendment to the Clean Air Act (OLC 1989).
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