Page:United States Statutes at Large Volume 91.djvu/780

 91 STAT. 746

PUBLIC LAW 95-95—AUG. 7, 1977 "PART D — P L A N REQUIREMENTS FOR NONATTAINMENT AREAS DEFINITIONS

42 USC 7501. Ante, p. 694>. )

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Ante, 1^.687. ' •: • •' -

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42 USC 7411.

«SEC.

171. For the purpose of this part and section 110(a)

(2)(I) — " (1) The term 'reasonable further progress' means annual ineremental 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 110(a)(2)(I) 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 172(a). "(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 107(d)(1). "(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 111(a)(4) of this Act. "NONATTAINMENT

42 USC 7502. ^,

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PLAN

PROVISIONS

"SEC. 172. (a)(1) The provisions of an applicable implementation plan for a State relating to attainment and maintenance of national ambient air quality standards in any nonattainment area which are required by section 110(a)(2)(I) as a precondition for the construction or modification of any major stationary source in any such area on or after July 1, 1979, shall provide for attainment of each such national ambient air quality standard in each such area as expeditiously as practicable, but, in the case of national primary ambient air qualify standards, not later than December 31, 1982. "(2) In the case of the national primary ambient air quality standard for photochemical oxidants or carbon monoxide (or both) if the State demonstrates to to the satisfaction of the Administrator (on or before the time required for submission of such plan) that such attainment is not possible in an area with respect to either or both of such pollutants within the period prior to December 31, 1982, despite the implementation of all reasonably available measures, such provisions shall provide for the attainment of the national primary standard

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