Section 255.140  Definitions

Terms used but not defined in this Part shall have the meaning given to them by the CAA and USEPA's regulations (40 CFR Chapter I) in that order of priority:

            "Affected Federal land manager" means the Federal agency or the Federal official charged with direct responsibility for management of an area designated as Class I under the CAA (42 U.S.C. 7472) that is located within 100 km of the proposed Federal action.

            "Applicable implementation plan or applicable SIP" means the portion (or portions) of the SIP or most recent revision thereof, which has been approved under section 110 of the CAA, or promulgated under section 110(c) of the CAA (Federal implementation plan), or promulgated or approved pursuant to regulations promulgated under section 301(d) of the CAA and which implements the relevant requirements of the CAA.

            "Areawide air quality modeling analysis" means an assessment on a scale that includes the entire nonattainment or maintenance area which uses an air quality dispersion model to determine the effects of emissions on air quality.

            "Cause or contribute to a new violation" means a Federal action that:

            Causes a new violation of a national ambient air quality standard (NAAQS) at a location in a nonattainment or maintenance area which would otherwise not be in violation of the standard during the future period in question if the Federal action were not taken; or

            Contributes, in conjunction with other reasonably foreseeable actions, to a new violation of a NAAQS at a location in a nonattainment or maintenance area in a manner that would increase the frequency or severity of the new violation.

            "Caused by", as used in the terms "direct emissions" and "indirect emissions", means emissions that would not otherwise occur in the absence of the Federal action.

            "Criteria pollutant or standard" means any pollutant for which there is established a NAAQS at 40 CFR 50, incorporated by reference in Section 255.160 of this Part.

            "Direct emissions" means those emissions of a criteria pollutant or its precursors that are caused or initiated by the Federal action and occur at the same time and place as the action.

            "Emergency" means a situation where extremely quick action on the part of the Federal agencies involved is needed and where the timing of such Federal activities makes it impractical to meet the requirements of this Part, such as natural disasters like hurricanes or earthquakes, civil disturbances such as terrorist acts, and military mobilizations.

            "Emissions budgets" are those portions of the applicable SIP's projected emissions inventories that describe the levels of emissions (mobile, stationary, area, etc.) that provide for meeting reasonable further progress milestones, attainment, and/or maintenance for any criteria pollutant or its precursors.

            "Emissions offsets", for purposes of Section 255.220 of this Part, are emissions reductions which are quantifiable, consistent with the applicable SIP attainment and reasonable further progress demonstrations, surplus to reductions required by, and credited to, other applicable SIP provisions, enforceable at both the State and Federal levels, and permanent within the timeframe specified by the program.

            "Emissions that a Federal agency has a continuing program responsibility for" means emissions that are specifically caused by an agency carrying out its authorities, and does not include emissions that occur due to subsequent activities, unless such activities are required by the Federal agency. Where an agency, in performing its normal program responsibilities, takes actions itself or imposes conditions that result in air pollutant emissions by a non-federal entity taking subsequent actions, such emissions are covered by the meaning of a continuing program responsibility.

            "Federal action" means any activity engaged in by a department, agency, or instrumentality of the Federal government, or any activity that a department, agency or instrumentality of the Federal government supports in any way, provides financial assistance for, licenses, permits, or approves, other than activities related to transportation plans, programs, and projects developed, funded, or approved under 23 U.S.C. or the Federal Transit Act (49 U.S.C. 1601 et seq.). Where the Federal action is a permit, license, or other approval for some aspect of a non-federal undertaking, the relevant activity is the part, portion, or phase or the non-Federal undertaking that requires the Federal permit, license, or approval.

            "Federal agency" means, for purposes of this Part, a Federal department, agency, or instrumentality of the Federal government.

            "Increase the frequency or severity of any existing violation of any standard in any area" means to cause a nonattainment area to exceed a standard more often or to cause a violation at a greater concentration than previously existed and/or would otherwise exist during the future period in question, if the project were not implemented.

            "Indirect emissions" means those emissions of a criteria pollutant or its precursors that:

            Are caused by the Federal action, but may occur later in time and/or may be farther removed in distance from the action itself but are still reasonably foreseeable; and

            The Federal agency can practicably control and will maintain control over due to a continuing program responsibility of the Federal agency.

            "Local air quality modeling analysis" means an assessment of localized impacts on a scale smaller than the entire nonattainment or maintenance area, including, for example, congested roadway intersections and highways or transit terminals, which uses an air quality dispersion model to determine the effects of emissions on air quality.

            "Maintenance area" means an area with a maintenance plan approved under section 175A of the CAA.

            "Maintenance plan" means a revision to the applicable SIP, meeting the requirements of section 175A of the CAA.

            "Metropolitan Planning Organization (MPO)" means that organization designated as being responsible, together with the State, for conducting the continuing, cooperative, and comprehensive planning process under section 134 of 23 U.S.C. 134 and section 1607 of the Federal Transit Act (49 U.S.C. 1607).

            "Milestone" has the meaning given in sections 82(g)(1) and 189(c)(1) of the CAA.

            "National ambient air quality standards (NAAQS)" means those standards established pursuant to section 109 of the CAA and include standards for carbon monoxide (CO), lead (Pb), nitrogen dioxide (NO₂), ozone, particulate matter (PM-10), and sulfur dioxide (SO₂).

            "NEPA" means the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.).

            "Nonattainment Area (NAA)" means an area designated as nonattainment under section 107 of the CAA and described in 40 CFR 81, incorporated by reference in Section 255.160 of this Part.

            "Precursors of a criteria pollutant" means:

            For ozone, nitrogen oxides (NO_x) unless an area is exempted from NO_x requirements under section 182(f) of the CAA, and volatile organic compounds (VOC); and

            For PM-10, those pollutants described in the PM-10 nonattainment area applicable SIP as significant contributors to the PM-10 levels.

            "Reasonably foreseeable emissions" means projected future indirect emissions that are identified at the time the conformity determination is made; the location of such emissions is known and the emissions are quantifiable, as described and documented by the Federal agency based on its own information and after reviewing any information presented to the Federal agency.

            "Regional water and/or wastewater projects" means construction, operation, and maintenance of water or wastewater conveyances, water or wastewater treatment facilities, and water storage reservoirs which affect a large portion of a nonattainment or maintenance area.

            "Regionally significant action" means a Federal action for which the direct and indirect emissions of any pollutant represent 10 percent (.10) or more of a nonattainment or maintenance area's emissions inventory for that pollutant.

            "Total of direct and indirect emissions" means the sum of direct and indirect emissions increases and decreases caused by the Federal action; i.e., the "net" emissions, considering all direct and indirect emissions. The portion of emissions which are exempt or presumed to conform under subsections (a) through (g) of Section 255.170 are not included in the total of direct and indirect emissions.  The "total of direct and indirect emissions" includes emissions of criteria pollutants and emissions of precursors of criteria pollutants.