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42 U.S.C. § 7501 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7407/d&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7411/a/4&num=0&edition=prelim).
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Stable record: federal_law:legal_authorities:record_usc_6a86a7d2c636b414f26579d6
Source file: Laws/federal/codes/united-states-code/title-42/section-7501-definitions--eb00d6ad7f.md
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Source location: Title 42, Chapter 85, § 7501; chapter-085-air-pollution-prevention-and-control.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7407/d&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7411/a/4&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds—
(1) that the predominant part of the Nation’s population is located in its rapidly expanding metropolitan and other urban areas, which generally cross the boundary lines of local jurisdictions and often extend into two or more States;
(2) that the growth in the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare, including injury to agricultural crops and livestock, damage to and the deterioration of property, and hazards to air and ground transportation;
(3) that air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments; and
(4) that Federal financial assistance and leadership is essential for the development of cooperative Federal, State, regional, and local programs to prevent and control air pollution.
**(b) Declaration** The purposes of this subchapter are—
(1) to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population;
(2) to initiate and accelerate a national research and development program to achieve the prevention and control of air pollution;
(3) to provide technical and financial assistance to State and local governments in connection with the development and execution of their air pollution prevention and control programs; and
(4) to encourage and assist the development and operation of regional air pollution prevention and control programs.
**(c) Pollution prevention** A prim
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7401
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Basic Program.—**
(1) **Authorization for federal participation.—** — Subject to the provisions of this section, Federal participation shall be permitted on the same basis and in the same manner as construction of toll-free highways is permitted under this chapter in the—
(A) initial construction of a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel;
(B) initial construction of 1 or more lanes or other improvements that increase capacity of a highway, bridge, or tunnel (other than a highway on the Interstate System) and conversion of that highway, bridge, or tunnel to a tolled facility, if the number of toll-free lanes, excluding auxiliary lanes, after the construction is not less than the number of toll-free lanes, excluding auxiliary lanes, before the construction;
(C) initial construction of 1 or more lanes or other improvements that increase the capacity of a highway, bridge, or tunnel on the Interstate System and conversion of that highway, bridge, or tunnel to a tolled facility, if the number of toll-free non-HOV lanes, excluding auxiliary lanes, after such construction is not less than the number of toll-free non-HOV lanes, excluding auxiliary lanes, before such construction;
(D) reconstruction, resurfacing, restoration, rehabilitation, or replacement of a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel;
(E) reconstruction or replacement of a toll-free bridge or tunnel and conversion of the bridge or tunnel to a toll facility;
(F) reconstruction of a toll-free Federal-aid highway (other than a highway on the Interstate System) and conversion of the highway to a toll facility;
(G) reconstruction, restoration, or rehabilitation of a highway on the Interstate System if the number
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 129
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Requirements.—**
(1) **Development of plans and programs.—** — Subject to section 134, to accomplish the objectives stated in section 134(a), each State shall develop a statewide transportation plan and a statewide transportation improvement program for all areas of the State.
(2) **Contents.—** — The statewide transportation plan and the transportation improvement program developed for each State shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways, bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter van pool providers) that will function as an intermodal transportation system for the State and an integral part of an intermodal transportation system for the United States.
(3) **Process of development.—** — The process for developing the statewide plan and the transportation improvement program shall provide for consideration of all modes of transportation and the policies stated in section 134(a) and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed.
**(b) Coordination With Metropolitan Planning; State Implementation Plan.—** A State shall—
(1) coordinate planning carried out under this section with the transportation planning activities carried out under section 134 for metropolitan areas of the State and with statewide trade and economic development planning activities and related multistate planning efforts; and
(2) develop the transportation portion of the State implementation plan as required by the Clean Air Act ([42 U.S.C. 7401]
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 135
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** For purposes of section 46, the qualifying advanced coal project credit for any taxable year is an amount equal to—
(1) 20 percent of the qualified investment for such taxable year in the case of projects described in subsection (d)(3)(B)(i),
(2) 15 percent of the qualified investment for such taxable year in the case of projects described in subsection (d)(3)(B)(ii), and
(3) 30 percent of the qualified investment for such taxable year in the case of projects described in clause (iii) of subsection (d)(3)(B).
**(b) Qualified investment**
(1) **In general** — For purposes of subsection (a), the qualified investment for any taxable year is the basis of eligible property placed in service by the taxpayer during such taxable year which is part of a qualifying advanced coal project—
(A)
(i) the construction, reconstruction, or erection of which is completed by the taxpayer, or
(ii) which is acquired by the taxpayer if the original use of such property commences with the taxpayer, and
(B) with respect to which depreciation (or amortization in lieu of depreciation) is allowable.
(2) **Special rule for certain subsidized property** — Rules similar to section 48(a)(4) (without regard to subparagraph (D) thereof) shall apply for purposes of this section.
(3) **Certain qualified progress expenditures rules made applicable** — Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section.
**(c) Definitions** For purposes of this section—
(1) **Qualifying advanced coal project** — The term “qualifying advanced coal project” means a project which meets the requirements of subsection (e).
(2) **Advanced
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 48A
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligible projects** Projects supported under [section 13572(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13572/a/2&num=0&edition=prelim) shall—
(1) utilize technologies that meet relevant Federal and State clean air requirements applicable to the unit or facility, including being adequately demonstrated for purposes of [section 7411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7411&num=0&edition=prelim), achievable for purposes of [section 7479 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7479&num=0&edition=prelim), or achievable in practice for purposes of [section 7501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7501&num=0&edition=prelim); or
(2) utilize equipment or processes that exceed relevant Federal or State clean air requirements applicable to the unit or facilities included in the projects by achieving greater efficiency or environmental performance.
**(b) Priority in project selection** In making an award under [section 13572(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13572/a/2&num=0&edition=prelim), the Secretary shall give priority to—
(1) projects whose installation is likely to result in significant air quality improvements in nonattainment air quality areas or substantially reduce the emission level of criteria pollutants and mercury air emissions;
(2) projects for pollution control that result in the mitigation or collection of more than 1 pollutant; and
(3) projects designed to allow the use of the waste byproducts or other byproducts of the equipment.
**(c) Authorization of appropriations** There a
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 13201
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligible projects** Projects supported under [section 13572(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13572/a/1&num=0&edition=prelim) may include—
(1) equipment or processes previously supported by a Department of Energy program;
(2) advanced combustion equipment and processes that the Secretary determines will be cost-effective and could substantially contribute to meeting environmental or energy needs, including gasification, gasification fuel cells, gasification coproduction, oxidation combustion techniques, ultra-supercritical boilers, and chemical looping; and
(3) hybrid gasification/combustion systems, including systems integrating fuel cells with gasification or combustion units.
**(b) Criteria** The Secretary shall establish criteria for the selection of generation projects under [section 13572(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13572/a/1&num=0&edition=prelim). The Secretary may modify the criteria as appropriate to reflect improvements in equipment, except that the criteria shall not be modified to be less stringent. The selection criteria shall include—
(1) prioritization of projects whose installation is likely to result in significant air quality improvements in nonattainment air quality areas;
(2) prioritization of projects whose installation is likely to result in lower emission rates of pollution;
(3) prioritization of projects that result in the repowering or replacement of older, less efficient units;
(4) documented broad interest in the procurement of the equipment and utilization of the processes used in the projects by owners or operators of facilities for electricity generation;
(5) equipment and processes beginning in
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 13574
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** To be eligible to receive assistance under this part, a project shall advance efficiency, environmental performance, and cost competitiveness well beyond the level of technologies that are in commercial service or have been demonstrated on a scale that the Secretary determines is sufficient to demonstrate that commercial service is viable as of August 8, 2005.
**(b) Technical criteria for clean coal power initiative**
(1) **Gasification projects**
(A) *In general* — In allocating the funds made available under [section 15961(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15961/a&num=0&edition=prelim), the Secretary shall ensure that at least 70 percent of the funds are used only to fund projects on coal-based gasification technologies, including—
(i) gasification combined cycle;
(ii) gasification fuel cells and turbine combined cycle;
(iii) gasification coproduction;
(iv) hybrid gasification and combustion; and
(v) other advanced coal based technologies capable of producing a concentrated stream of carbon dioxide.
(B) *Technical milestones*
(i) *Periodic determination*
(I) *In general* — The Secretary shall periodically set technical milestones specifying the emission and thermal efficiency levels that coal gasification projects under this part shall be designed, and reasonably expected, to achieve.
(II) *Prescriptive milestones* — The technical milestones shall become more prescriptive during the period of the clean coal power initiative.
(ii) *2020 goals* — The Secretary shall establish the periodic milestones so as to achieve by the year 2020 coal gasification projects able—
(I)
(aa) to remove at least 99 percent of sulfur dioxide
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15963
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Adoption of plan by State; submission to Administrator; content of plan; revision; new sources; indirect source review program; supplemental or intermittent control systems**
(1) Each State shall, after reasonable notice and public hearings, adopt and submit to the Administrator, within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof) under [section 7409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7409&num=0&edition=prelim) for any air pollutant, a plan which provides for implementation, maintenance, and enforcement of such primary standard in each air quality control region (or portion thereof) within such State. In addition, such State shall adopt and submit to the Administrator (either as a part of a plan submitted under the preceding sentence or separately) within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national ambient air quality secondary standard (or revision thereof), a plan which provides for implementation, maintenance, and enforcement of such secondary standard in each air quality control region (or portion thereof) within such State. Unless a separate public hearing is provided, each State shall consider its plan implementing such secondary standard at the hearing required by the first sentence of this paragraph.
(2) Each implementation plan submitted by a State under this chapter shall be adopted by the State after reasonable notice and public hearing. Each such plan shall—
(A) include enforceable emission limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permit
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7410
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For purposes of this section, except subsection (r)—
(1) **Major source** — The term “major source” means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants. The Administrator may establish a lesser quantity, or in the case of radionuclides different criteria, for a major source than that specified in the previous sentence, on the basis of the potency of the air pollutant, persistence, potential for bioaccumulation, other characteristics of the air pollutant, or other relevant factors.
(2) **Area source** — The term “area source” means any stationary source of hazardous air pollutants that is not a major source. For purposes of this section, the term “area source” shall not include motor vehicles or nonroad vehicles subject to regulation under subchapter II.
(3) **Stationary source** — The term “stationary source” shall have the same meaning as such term has under [section 7411(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7411/a&num=0&edition=prelim).
(4) **New source** — The term “new source” means a stationary source the construction or reconstruction of which is commenced after the Administrator first proposes regulations under this section establishing an emission standard applicable to such source.
(5) **Modification** — The term “modification” means any physical change in, or change in the method of operation of, a major source which increases the actual emissions of any hazardous air pollutant emitted by such source by more
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7412
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7407/d&num=0&edition=prelim) with respect to any national ambient air quality standard (or any revised 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 pursuant to paragraph (2), and for other purposes. In determining the appropriate classification, if any, for a nonattainment area, the Administrator may consider such factors as the severity of nonattainment in such area and the availability and feasibility of the pollution control measures that the Administrator believes may be necessary to provide for attainment of such standard in such area.
(B) The Administrator shall publish a notice in the Federal Register announcing each classification 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 provisions of sections 553 through 557 of title 5 (concerning notice and comment) and shall not be subject to judicial review until the Administrator takes final action under subsection (k) or (l) of [section 7410 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410&num=0&edition=prelim) (concerning action on plan submissions) or [section 7509 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7509&num=0&edition=prelim) (concerning sanctions) with respect to any plan submis
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7502
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