Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 14 - Conformity › Subchapter A - Determining Conformity of General Federal Actions to State or Federal Implementation Plans › Section III-1404 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Terms used, but
				  not defined in this part, shall have the meaning given them by the CAA and LAC
				  33:III, in that order of priority.
Affected Federal Land Manager
- the
					 federal agency or the federal official charged with direct responsibility for
					 management of an area designated as Class I under
					 42 U.S.C.
					 7472 of the CAA that is located within 100 km
					 of the proposed federal action.
Applicable Implementation Plan
or
Applicable SIP
- the portion(s) of the Louisiana 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
-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.
CAA
- Clean Air Act as amended,
					 1990.
Cause or Contribute to a New Violation
- a
					 federal action that:
a. 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
b. 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
)-emissions that would not otherwise occur in the absence of
					 the federal action.
Criteria Pollutant
or
Standard
- any pollutant for which there is established a NAAQS
					 at  40 CFR Part 50.
Department
- the Department of
					 Environmental Quality.
Direct Emissions
- 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
- a situation where extremely
					 quick action on the part of the federal agencies involved is needed to respond
					 to a crisis and where the timing of such federal activities makes it
					 impractical to meet the requirements of this rule, such as natural disasters
					 like hurricanes or earthquakes, civil disturbances such as terrorist acts, and
					 military mobilizations.
Emission Offsets
- measures which reduce
					 emissions and 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 under both
					 state and federal law, and permanent within the time frame specified by the
					 applicable SIP.
Emissions Budgets
- those portions of the
					 total allowable emissions defined in the applicable implementation plan for a
					 certain period for the purpose of meeting reasonable further progress
					 milestones or demonstrating attainment or maintenance, for any criteria
					 pollutant or its precursors, allocated by the applicable implementation plan to
					 mobile sources, stationary sources, area sources, or any class source or
					 subcategory source established within those projected emissions
					 inventories.
Emissions that a Federal Agency has a Continuing
					 Program Responsibility for
- emissions that are specifically caused by
					 an agency carrying out its authorities, but does not include emissions that
					 occur due to subsequent activities, unless such activities are required by the
					 federal agency; and where an agency, in performing its normal program
					 responsibilities, takes actions itself or imposes conditions that result in air
					 pollutant emissions by a nonfederal entity taking subsequent actions.
Facility
- all emission points, and
					 fugitive, area, and mobile emission sources under common control on contiguous
					 property.
Federal Action
- 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 nonfederal
					 undertaking, the relevant activity is the part, portion, or phase of the
					 nonfederal undertaking that requires the federal permit, license, or
					 approval.
Federal Agency
- 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
- 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
- those emissions of a
					 criteria pollutant or its precursors that:
a. 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
b. the federal agency can practicably control and will
					 maintain control over due to a continuing program responsibility of the federal
					 agency, including:
i. on-site traffic activity and traffic to and from a
					 proposed facility which is related to increases or other changes in the scale
					 or timing of operations of such facility;
ii. emissions related to the activities of employees of
					 contractors or federal employees;
iii. emissions offsets related to employee commutation and
					 similar programs to increase average vehicle occupancy imposed on all employers
					 of a certain size in the locality;
iv. emissions related to the use of federal facilities
					 under lease or temporary permit; and
v. emissions related to the activities of contractors or
					 leaseholders that may be addressed by provisions that are usual and customary
					 for contracts or leases or are within the scope of contractual protection of
					 the interests of the United States.
Local Air Quality Modeling Analysis
- 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
- an area with a
					 maintenance plan approved under Section 175(a) of the CAA.
Maintenance Plan
- a revision to the
					 applicable SIP which meets the requirements of Section 175(a) of the
					 CAA.
Metropolitan Planning Organization (MPO)
-
					 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
- an emissions level and the
					 date on which it is required to be achieved under Sections 182(g)(1) of the
					 CAA.
National Ambient Air Quality Standards
					 (NAAQS)
- those standards established pursuant to
					 Section
					 109 of the CAA, including
					 standards for carbon monoxide (CO), lead (Pb), nitrogen dioxide
					 (NO2), ozone, particulate matter
					 (PM10), and sulfur dioxide
					 (SO2).
NEPA
- the National Environmental Policy
					 Act of 1969, as amended (42 U.S.C.
					 4321 et seq.).
Nonattainment Area (NAA)
- a geographic
					 area of the United States designated as nonattainment under
					 Section
					 107 of the CAA and described in
					  40 CFR Part 81.
Precursors of a Criteria
					 Pollutant
-
a. 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
b. for PM10: those pollutants
					 described in the PM10 nonattainment area applicable SIP
					 as significant contributors to the PM10 levels.
Reasonably Foreseeable Emissions
-
					 projected future indirect emissions that are identified at the time the
					 conformity determination is made; the location of such emissions is known to
					 the extent that the impact of such emissions can be determined; 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 Project
-
					 includes 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
- 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 emissions inventory
					 for that pollutant.
Total of Direct and Indirect Emissions
-
					 the sum of direct and indirect emissions increases and decreases of criteria
					 pollutant and precursor caused by federal action, inclusive of all emissions
					 known or reasonably foreseeable at the time the emissions level is calculated
					 (i.e., the net emissions considering all direct and indirect emissions).
					 Emissions which are exempt or presumed to conform under LAC 33:III.1405.C, D,
					 E, or F, except as provided in LAC 33:III.1405.J, are not subject to the
					 requirements of LAC 33:III.1410 and are not included in the net emissions from
					 federal action which must be determined in conformity with the applicable SIP
					 emissions budget. Segmentation of projects for determining emissions presumed
					 to conform actions, and for conformity analyses is not
					 permitted.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2054.