[Code of Federal Regulations]
[Title 40, Volume 17]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR93.152]
[Page 573-575]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 93--DETERMINING CONFORMITY OF FEDERAL ACTIONS TO STATE OR FEDERAL IMPLEMENTATION PLANS--Table of Contents
Subpart B--Determining Conformity of General Federal Actions to State or
Federal Implementation Plans
Sec. 93.152 Definitions.
Terms used but not defined in this part shall have the meaning given
them by the Act and EPA'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 Act (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 Act, or promulgated under section
110(c) of the Act (Federal implementation plan), or promulgated or
approved pursuant to regulations promulgated under section 301(d) of the
Act and which implements the relevant requirements of the Act.
Areawide air quality modeling analysis means an assessment on a
scale that includes the entire nonattainment or maintenance area which
uses an air
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quality dispersion model to determine the effects of emissions on air
quality.
Cause or contribute to a new violation means a Federal action that:
(1) 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
(2) 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 part 50.
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
subpart, 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 emission 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 Sec. 93.158, 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. When 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.
EPA means the Environmental Protection Agency.
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 title
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 of the non-Federal undertaking that requires the
Federal permit, license, or approval.
Federal agency means, for purposes of this subpart, 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:
(1) Are caused by the Federal action, but may occur later in time
and/or may be further removed in distance from
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the action itself but are still reasonably foreseeable; and
(2) 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 Act.
Maintenance plan means a revision to the applicable SIP, meeting the
requirements of section 175A of the Act.
Metropolitan Planning Organization (MPO) is that organization
designated as being responsible, together with the State, for conducting
the continuing, cooperative, and comprehensive planning process under 23
U.S.C. 134 and 49 U.S.C. 1607.
Milestone has the meaning given in sections 182(g)(1) and 189(c)(1)
of the Act.
National ambient air quality standards (NAAQS) are those standards
established pursuant to section 109 of the Act and include standards for
carbon monoxide (CO), lead (Pb), nitrogen dioxide (NO2),
ozone, particulate matter (PM-10), and sulfur dioxide (SO2).
NEPA is the National Environmental Policy Act of 1969, as amended
(42 U.S.C. 4321 et seq.).
Nonattainment area means an area designated as nonattainment under
section 107 of the Act and described in 40 CFR part 81.
Precursors of a criteria pollutant are:
(1) For ozone, nitrogen oxides (NOx), unless an area is exempted
from NOx requirements under section 182(f) of the Act, and volatile
organic compounds (VOC); and
(2) 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 are 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 include 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 or
more of a nonattainment or maintenance area's emission 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 Sec. 93.153 (c), (d), (e), or (f) 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.