Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 255 - GENERAL CONFORMITY: CRITERIA AND PROCEDURES › Section 255.140 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
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 (NOx) unless
				an area is exempted from NOx 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.