Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 14 - CONFORMITY DETERMINATIONS › Section R18-2-1401 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
Terms used in this Article but not defined in this Article,
				  Article 1 of this Chapter, or A.R.S. §
									49-401.01
				  shall have the meaning given them by the CAA, Titles 23 and 40 U.S.C., other
				  EPA regulations, or other USDOT regulations, in that order of priority. The
				  following definitions and the definitions contained in Article 1 of this
				  Chapter and in A.R.S. §
									49-401.01
				  shall apply to this Article:
1. "ADEQ" means the Arizona Department of Environmental
				  Quality.
2. "ADOT" means the Arizona Department of
				  Transportation.
3. "Applicable implementation plan" is defined in §
				  302(q) of the CAA and means the portion (or portions) of the implementation
				  plan, or most recent revision thereof, which has been approved under §
				  110, or promulgated under § 110(c), or promulgated or approved pursuant to
				  regulations promulgated under § 301(d) and which implements the relevant
				  requirements of the CAA.
4. "CAA" means the Clean Air Act, as amended.
5. "Cause or contribute to a new violation" for a project
				  means either of the following:
a. To cause or contribute to a new violation of a standard in
				  the area substantially affected by the project or over a region which would
				  otherwise not be in violation of the standard during the future period in
				  question, if the project were not implemented.
b. To contribute to a new violation in a manner that would
				  increase the frequency or severity of a new violation of a standard in such
				  area.
6. "Consultation" means that one party confers with another
				  identified party, provides access to all appropriate information to that party
				  needed for meaningful input, and, prior to taking any action, considers the
				  views of that party and responds in accordance with the procedures established
				  in
				  R18-2-1405.
7. "Control strategy implementation plan revision" is the
				  applicable implementation plan which contains specific strategies for
				  controlling the emissions of and reducing ambient levels of pollutants in order
				  to satisfy CAA requirements for demonstrations of reasonable further progress
				  and attainment (CAA §§ 182(b)(1), 182(c)(2)(A), 182(c)(2)(B),
				  187(a)(7), 189(a)(1)(B), and 189(b)(1)(A); and §§ 192(a) and 192(b),
				  for nitrogen dioxide).
8. "Control strategy period" with respect to particulate
				  matter less than 10 microns in diameter (PM10 ), carbon
				  monoxide (CO), nitrogen dioxide (NO2 ), or ozone
				  precursors (volatile organic compounds (VOC) and oxides of nitrogen (NOx)),
				  means that period of time after EPA approves control strategy implementation
				  plan revisions containing strategies for controlling
				  PM10 , NO2 , CO, or ozone, as
				  appropriate. This period ends when the state submits and EPA approves a request
				  under § 107(d) of the CAA for redesignation to an attainment area.
9. "Design concept" means the type of facility identified by
				  the project, e.g., freeway, expressway, arterial highway, grade-separated
				  highway, reserved right-of-way rail transit, mixed traffic rail transit,
				  exclusive busway, etc.
10. "Design scope" means the design aspects of a facility
				  which will affect the proposed facility's impact on regional emissions, usually
				  as they relate to vehicle or person carrying capacity and control, e.g., number
				  of lanes or tracks to be constructed or added, length of project,
				  signalization, access control including approximate number and location of
				  interchanges, preferential treatment for high-occupancy vehicles, etc.
11. "EPA" means the United States Environmental Protection
				  Agency.
12. "FHWA" means the Federal Highway Administration of
				  USDOT.
13. "FHWA or FTA project" means any highway or transit
				  project which is proposed to receive funding assistance and approval through
				  the Federal-Aid Highway program or the federal mass transit program, or
				  requires Federal Highway Administration (FHWA) or Federal Transit
				  Administration (FTA) approval for some aspect of the project, such as
				  connection to an interstate highway or deviation from applicable design
				  standards on the interstate system.
14. "FTA" means the Federal Transit Administration of
				  USDOT.
15. "Forecast period" with respect to a transportation plan
				  means the period covered by the transportation plan pursuant to 23 CFR
				  450.
16. "Highway project" means an undertaking to implement or
				  modify a highway facility or highway-related program. Such an undertaking
				  consists of all required phases necessary for implementation. For analytical
				  purposes, it shall be defined sufficiently to:
a. Connect logical termini and be of sufficient length to
				  address environmental matters on a broad scope.
b. Have independent utility or significance, i.e., be usable
				  and be a reasonable expenditure even if no additional transportation
				  improvements in the area are made.
c. Not restrict consideration of alternatives for other
				  reasonably foreseeable transportation improvements.
17. "Horizon year" means a year for which the transportation
				  plan describes the envisioned transportation system in accordance with
				  R18-2-1406.
18. "Hot-spot analysis" means an estimation of likely future
				  localized CO and PM10 pollutant concentrations and a
				  comparison of those concentrations to the national ambient air quality
				  standards. Pollutant concentrations to be estimated should be based on the
				  total emissions burden which may result from the implementation of a single,
				  specific project, summed together with future background concentrations (which
				  can be estimated using the ratio of future to current traffic multiplied by the
				  ratio of future to current emission factors) expected in the area. The total
				  concentration shall be estimated and analyzed at appropriate receptor locations
				  in the area substantially affected by the project. Hot-spot analysis assesses
				  impacts on a scale smaller than the entire nonattainment or maintenance area,
				  including, for example, congested roadway intersections and highways or transit
				  terminals, and uses an air quality dispersion model to determine the effects of
				  emissions on air quality.
19. "Incomplete data area" means any ozone nonattainment area
				  which EPA has classified, in 40 CFR 81, as an incomplete data area.
20. "Increase the frequency or severity of a violation" means
				  to cause a location or region to exceed a standard more often or to cause a
				  violation at a greater concentration than previously existed or would otherwise
				  exist during the future period in question, if the project were not
				  implemented.
21. "ISTEA" means the Intermodal Surface Transportation
				  Efficiency Act of 1991.
22. "Local transportation agency" means a city, town, or
				  county.
23. "Maintenance area" means any geographic region of the
				  United States previously designated nonattainment pursuant to the CAA
				  Amendments of 1990 and subsequently redesignated to attainment subject to the
				  requirement to develop a maintenance plan under § 175A of the CAA.
24. "Maintenance period" with respect to a pollutant or
				  pollutant precursor means that period of time beginning when a state submits
				  and EPA approves a request under § 107(d) of the CAA for redesignation to
				  an attainment area, and lasting for 20 years, unless the applicable
				  implementation plan specifies that the maintenance period shall last for more
				  than 20 years.
25. "Metropolitan planning organization (MPO)" means the
				  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.
26. "Milestone" means an emissions level and the date on
				  which it is required to be achieved as described in § 182(g)(1) and §
				  189(c) of the CAA.
27. "Motor vehicle emissions budget" means that portion of
				  the total allowable emissions defined in a revision to the applicable
				  implementation plan (or in an implementation plan revision which was endorsed
				  by the Governor or Director of ADEQ, subject to a public hearing, and submitted
				  to EPA, but not yet approved by EPA) for a certain date for the purpose of
				  meeting reasonable further progress milestones or attainment or maintenance
				  demonstrations, for any criteria pollutant or its precursors, allocated by the
				  applicable implementation plan to highway and transit vehicles. The applicable
				  implementation plan for an ozone nonattainment area may also designate a motor
				  vehicle emissions budget for oxides of nitrogen (NOx) for a reasonable further
				  progress milestone year if the applicable implementation plan demonstrates that
				  this NOx budget will be achieved with measures in the implementation plan (as
				  an implementation plan must do for VOC milestone requirements). The applicable
				  implementation plan for an ozone nonattainment area includes a NOx budget if
				  NOx reductions are being substituted for reductions in volatile organic
				  compounds in milestone years required for reasonable further progress.
28. "National ambient air quality standards (NAAQS)" means
				  those standards established pursuant to § 109 of the CAA.
29. "NEPA" means the National Environmental Policy Act of
				  1969, as amended (
				  42 U.S.C.
				  4321 et seq.).
30. "NEPA process completion" with respect to FHWA or FTA,
				  means the point at which there is a specific action to do any of the
				  following:
a. Make a formal final determination that a project is
				  categorically excluded.
b. Make a Finding of No Significant Impact.
c. Issue a record of decision on a Final Environmental Impact
				  Statement under NEPA.
31. "Nonattainment area" means any geographic region of the
				  United States which has been designated as nonattainment under § 107 of
				  the CAA for any pollutant for which a national ambient air quality standard
				  exists.
32. "Not classified area" means any carbon monoxide
				  nonattainment area which EPA has not classified as either moderate or
				  serious.
33. "Phase II of the interim period" with respect to a
				  pollutant or pollutant precursor means that period of time after December 27,
				  1993, lasting until the earlier of the following:
1. Submission to EPA of the relevant control strategy
				  implementation plan revisions which have been endorsed by the Governor or the
				  Director of ADEQ and have been subject to a public hearing.
2. The date that the CAA requires relevant control strategy
				  implementation plans to be submitted to EPA, provided EPA has made a finding of
				  the state's failure to submit any such plans and the state, MPO, and USDOT have
				  received notice of such finding of the state's failure to submit any such
				  plans.
34. "Project" means a highway project or transit
				  project.
35. "Recipient of funds designated under 23 U.S.C. or the
				  Federal Transit Act" means any agency at any level of state, county, or city
				  government, including any political subdivision or MPO, that routinely receives
				  23 U.S.C. or Federal Transit Act funds to construct FHWA or FTA projects,
				  operate FHWA or FTA projects or equipment, purchase equipment, or undertake
				  other services or operations via contracts or agreements. This definition does
				  not include private landowners or developers, or contractors or entities that
				  are only paid for services or products created by their own employees.
36. "Regional transportation agency" means a regional transit
				  authority established pursuant to A.R.S. Title 28, Chapter 20 or Chapter 24, or
				  a formal association of political subdivisions involved in regional
				  transportation issues.
37. "Regionally significant transportation project" means a
				  transportation project (other than an exempt project) that is on a facility
				  which serves regional transportation needs (such as access to and from the area
				  outside of the region, major activity centers in the region, major planned
				  developments such as new retail malls, sports complexes, etc., or
				  transportation terminals, as well as most terminals themselves) and would
				  normally be included in the modeling of a metropolitan area's transportation
				  network, including at a minimum all principal arterial highways and all fixed
				  guideway transit facilities that offer an alternative to regional highway
				  travel.
38. "Rural transport ozone nonattainment area" means an ozone
				  nonattainment area that does not include, and is not adjacent to, any part of a
				  Metropolitan Statistical Area or, where one exists, a Consolidated Metropolitan
				  Statistical Area (as defined by the United States Bureau of the Census) and is
				  classified under CAA § 182(h) as a rural transport area.
39. "Standard" means a national ambient air quality
				  standard.
40. "Statewide transportation improvement program (STIP)"
				  means a staged, multi-year, intermodal program of transportation projects
				  covering the state, which is consistent with the statewide transportation plan
				  and metropolitan transportation plans, and developed pursuant to 23 CFR
				  450.
41. "Statewide transportation plan" means the official
				  intermodal statewide transportation plan that is developed through the
				  statewide planning process for the state, developed pursuant to 23 CFR
				  450.
42. "Submarginal area" means any ozone nonattainment area
				  which EPA has classified as submarginal in 40 CFR 81.
43. "Transit" is mass transportation by bus, rail, or other
				  conveyance which provides general or special service to the public on a regular
				  and continuing basis. It does not include school buses or charter or
				  sightseeing services.
44. "Transit project" means an undertaking to implement or
				  modify a transit facility or transit-related program, purchase transit vehicles
				  or equipment, or provide financial assistance for transit operations. It does
				  not include actions that are solely within the jurisdiction of local transit
				  agencies, such as changes in routes, schedules, or fares. It may consist of
				  several phases. For analytical purposes, it shall be defined inclusively enough
				  to:
a. Connect logical termini and be of sufficient length to
				  address environmental matters on a broad scope.
b. Have independent utility or independent significance,
				  i.e., be a reasonable expenditure even if no additional transportation
				  improvements in the area are made.
c. Not restrict consideration of alternatives for other
				  reasonably foreseeable transportation improvements.
45. "Transitional area" means any ozone nonattainment area
				  which EPA has classified as transitional in 40 CFR 81.
46. "Transitional period" with respect to a pollutant or
				  pollutant precursor means that period of time which begins after submission to
				  EPA of the relevant control strategy implementation plan which has been
				  endorsed by the Governor or Director of ADEQ and has been subject to a public
				  hearing. The transitional period lasts until EPA takes final approval or
				  disapproval action on the control strategy implementation plan submission or
				  finds it to be incomplete. The precise beginning and end of the transitional
				  period is defined in
				  R18-2-1428.
47. "Transportation control measure (TCM)" means any measure
				  that is specifically identified and committed to in the applicable
				  implementation plan that is either one of the types listed in § 108 of the
				  CAA, or any other measure for the purpose of reducing emissions or
				  concentrations of air pollutants from transportation sources by reducing
				  vehicle use or changing traffic flow or congestion conditions. Notwithstanding
				  the above, vehicle technology-based, fuel-based, and maintenance-based measures
				  which control the emissions from vehicles under fixed traffic conditions are
				  not TCMs for the purposes of this rule.
48. "Transportation improvement program (TIP)" means a
				  staged, multi-year, intermodal program of transportation projects covering a
				  metropolitan planning area which is consistent with the metropolitan
				  transportation plan and developed pursuant to 23 CFR 450.
49. "Transportation plan" means the official intermodal
				  metropolitan transportation plan that is developed through the metropolitan
				  planning process for the metropolitan planning area, developed pursuant to 23
				  CFR 450.
50. "Transportation project" means a highway project or a
				  transit project.
51. "USDOT" means the United States Department of
				  Transportation.
52. "VMT" means the number of vehicle miles
				  traveled.