Md. Code Regs. 26.11.26.02

Current through Register Vol. 51, No. 19, September 20, 2024

Section 26.11.26.02 - Definitions

A. In this chapter, all terms not defined in this regulation have the meanings stated in 40 CFR §§ 93.101 and 93.152, as amended, which is incorporated by reference.

B. Terms Defined.

(1) "Adopt or approve of" a regionally significant project means the first time any of the following actions are necessary to authorize a project to occur:

(a) Any policy board action necessary for the project to proceed;

(b) The issuance of administrative permits for the project;

(c) The execution of a contract to construct the project;

(d) Any final action of a board, commission, or administrator authorizing or directing employees to proceed with construction of the project; or

(e) Any written decision or authorization from the metropolitan planning organization (MPO) that the project may be adopted or approved.

(2) "Applicable implementation plan", "applicable SIP", and "State implementation plan" mean the Maryland State Implementation Plan (SIP), including revisions approved by the United States Environmental Protection Agency (EPA) and any Federal Implementation Plan adopted by EPA that applies to Maryland.

(3) "Cooperation" means that the parties involved in carrying out the planning, programming, and management systems processes work together to achieve a common goal or objective.

(4) "Department" means the Department of the Environment.

(5) "Governor" means the Governor of Maryland.

(6) "MDOT" means the Maryland Department of Transportation.

(7) Metropolitan Planning Organization (MPO).

(a) "Metropolitan planning organization (MPO)" means the:

(i) Organization 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. § 5303; and

(ii) Forum for cooperative transportation decision making.

(b) "Metropolitan planning organization (MPO)" includes:

(i) The "Baltimore Regional Transportation Board (BRTB)," the MPO for the Baltimore region, which includes Anne Arundel, Baltimore, Carroll, Harford, and Howard counties and the cities of Baltimore and Annapolis;

(ii) The "Hagerstown/Eastern Panhandle (HEP)" MPO for the Hagerstown area, which includes Washington County, Maryland and the counties of Berkeley and Jefferson in West Virginia;

(iii) The "National Capital Transportation Planning Board (TPB) ", the MPO for the Washington region, which includes Frederick, Montgomery, and Prince George's counties in Maryland, the District of Columbia, and Northern Virginia; and

(iv) The "Wilmington Area Planning Council (WILMAPCO)", the MPO for New Castle County, Delaware and Cecil County, Maryland.

(8) Regional Planning Organization (RPO).

(a) "Regional planning organization" means an organization certified by the Governor as being responsible for the preparation of air quality plans for a nonattainment area under § 174 of the federal Clean Air Act.

(b) "Regional planning organization" may include elected officials of State and local governments in the affected nonattainment area, or representatives of the MDE, MDOT, and MPOs for the affected area.

(c) "Regional planning organization" is the forum for a cooperative decision-making process for air quality planning in the RPO's specific nonattainment area.

(9) "State" means the State of Maryland.

(10) "State air agency" means the Maryland Department of the Environment, Air and Radiation Management Administration.

(11) "Statewide transportation improvement program (STIP)" means a staged, multiyear, intermodal program of transportation projects covering the State, which is consistent with the Statewide transportation plan and metropolitan transportation plans, and developed under 23 CFR 450.

(12) "Statewide transportation plan" means the official intermodal Statewide transportation plan that is developed through the Statewide planning process for the State, under 23 CFR 450.

(13) Transportation Control Measure (TCM).

(a) "Transportation Control Measure" means:

(i) A 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 Clean Air Act; or

(ii) 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.

(b) "Transportation control measure" does not include vehicle technology-based, fuel-based, and maintenance-based measures which control the emissions from vehicles under fixed traffic conditions.

Md. Code Regs. 26.11.26.02

Regulation .02 amended effective January 29, 2007 (34:2 Md. R. 139)