La. Admin. Code tit. 33 § III-1404
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.
La. Admin. Code tit. 33, § III-1404