Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter I - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Section 2.303 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise. Any other words or terms used in this Memorandum of Understanding
					 have their ordinary meaning, except to the extent such words or terms are
					 defined in §
										2.5 of
					 this chapter (Relating to Definitions), in which case such definitions shall
					 apply.
(1) Assessment unit--For a
				  water body in the state, the smallest geographic area of use support analyzed
				  for such body in Texas Commission on Environmental Quality's most recent
				  integrated report prepared under the Clean Water Act §305(b) that includes
				  a Clean Water Act §303(d) list that has been approved by the U.S.
				  Environmental Protection Agency. An assessment unit is based on the primary
				  segment assessment unit identified in the integrated report.
(2) Construction--Activities that involve the
				  building of transportation projects on new location; or the expansion,
				  rehabilitation, or reconstruction, of an existing facility.
(3) EPA--The United States Environmental
				  Protection Agency.
(4) Federal
				  Clean Air Act (FCAA)--The federal statute, including all amendments, that
				  establishes National Ambient Air Quality Standards (NAAQS) and mandates
				  procedures for reaching and maintaining these standards, codified at
				  42 United States
				  Code §§
											7401, et seq.
(5) Maintain or maintenance--Activities which
				  involve the upkeep or preservation of an existing facility to prevent that
				  facility's degradation to an unsafe or irreparable state, or which involve the
				  treatment of an existing facility or its environs to meet acceptable standards
				  of operation or aesthetic quality. The activities generally do not require the
				  acquisition of additional right of way or result in increased roadway
				  capacity.
(6) Maintenance area--A
				  geographic area previously designated as a non-attainment area and subsequently
				  redesignated to attainment subject to the requirement to develop a maintenance
				  plan under
				  42 United States Code §
											7505a of the FCAA, and other areas designated
				  as maintenance areas by the EPA.
(7) Non-attainment area--A geographic area
				  designated nonattainment by the EPA as failing to meet the NAAQS for a
				  pollutant for which a standard exists. The EPA designates counties (or portions
				  thereof) as nonattainment under the provisions of
				  42 United States Code §
											7407(d). For the official
				  list and boundaries of nonattainment areas, see 40 Code of Federal Regulations
				  Part 81 and relevant notices in the
Federal
				  Register.
(8) State
				  Implementation Plan (SIP)--The plan prepared by the TCEQ under
				  42
				  United States Code §
											7410 of the FCAA to
				  attain, maintain, implement, or enforce NAAQS. An approved SIP is the
				  implementation plan, or most recent revision of this plan, that has been
				  approved by EPA under
				  42
				  United States Code §
											7410 of the
				  FCAA.
(9) TCEQ--Texas Commission on
				  Environmental Quality.
(10)
				  TxDOT--Texas Department of Transportation.
(11) Total Maximum Daily Load (TMDL)--The
				  total amount of a substance that a water body can assimilate and still meet the
				  Texas Surface Water Quality Standards as adopted by the TCEQ for a particular
				  water body.
(12) TMDL
				  Implementation Plan (I-Plan)--A plan describing the strategy and activities
				  TCEQ and watershed partners will carry out to improve water quality in the
				  affected watershed.
(13)
				  Transportation enhancement--An activity that is listed under 23 United States
				  Code § 101(a)(29), that relates to a transportation project, and is
				  eligible for federal funding under 23 United States Code § 133.
(14) Transportation project--A project to
				  construct, maintain, or improve a highway, rest area, toll facility, aviation
				  facility, public transportation facility, rail facility, ferry, or ferry
				  landing. A transportation enhancement is also a transportation
				  project.