Section 20-1599. DEFINITIONS

 

1599.1The meanings ascribed to the definitions and abbreviations appearing in   20 DCMR § 199 shall apply to the terms and abbreviations in this chapter.  In addition the following terms and phrases used in this chapter shall have the meanings set forth in this section unless the text or context of a particular section, subsection or paragraph provides otherwise.

 

Ambient Air – that portion of the atmosphere, external to buildings, to which the general public has access.

 

Applicable implementation plan – as defined in § 302(q) of the Clean Air Act, the portion(s) of the implementation plan, or most recent revision thereof, which has been approved under § 110, or promulgated under § 110(c), and which implements the relevant requirements of the Clean Air Act.

 

Control strategy implementation plan revision – the implementation plan which contains specific strategies for controlling the emissions of and reducing ambient levels of pollutants in order to satisfy the Clean Air Act requirements for demonstrations of reasonable further progress and attainment, including implementation plan revisions submitted to satisfy: § 172(c); §§ 182(b)(1), (c)(2)(A) and (B);  §§ 187(a)(7) and(g);  §§ 189(a)(1)(B), (b)(1)(A), and (d); and §§ 192(a) and (b), for nitrogen dioxide; and any other applicable provision of the Clean Air Act requiring a demonstration of reasonable further progress or attainment.

 

DDOE or the Department – the District Department of the Environment.

 

DDOT – the District Department of Transportation.

 

EPA – the United States Environmental Protection Agency.

 

FHWA – the Federal Highway Administration within the United States Department of Transportation.

 

FHWA/FTA project – 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 FHWA or 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.

 

FTA – the Federal Transit Administration within the United States Department of Transportation.

 

Highway project – 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 must 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; and

 

(c) Not restrict consideration of alternatives for other reasonably foreseeable transportation improvements.

 

Maintenance area – any geographic region of the United States previously designated nonattainment under of the § 107 of the Clean Air Act, 42 U.S.C. § 7407, and subsequently redesignated to attainment subject to the requirement to develop a maintenance plan.

 

Maintenance plan – a revision to the applicable implementation plan, meeting the requirements of the § 175A of the Clean Air Act, 42 U.S.C. § 7505a. 

 

Mayor – the Mayor of the District of Columbia.

 

MPO or Metropolitan Planning Organization – 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. § 5303.  It is the forum for cooperative transportation decision-making.  The "National Capital Region Transportation Planning Board (TPB)” is the MPO for the Washington region.  The TPB is comprised of: Frederick, Montgomery, and Prince George's counties in Maryland; Arlington, Fairfax, Frederick, Loudoun, and Prince William Counties, and the cities of Alexandria, Fairfax, Falls Church and Manassas in Virginia; and the District of Columbia. 

 

Nonattainment area – any geographic region of the United States which has been designated as nonattainment under § 107 of the Clean Air Act, 42 U.S.C. § 7407, for any pollutant for which a national ambient air quality standard exists.

 

PM2.5 – particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured by the applicable reference method or an equivalent method.

 

Project – a highway project or transit project. 

 

Regionally significant project – 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) 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.

 

RPO or Regional Planning Organization – the organization certified by the state as being responsible for the preparation of control strategy implementation plan revisions for nonattainment areas under § 174 of the Clean Air Act, 42 U.S.C. § 7504.  The organization may include elected officials of local governments in the affected nonattainment area, and representatives of DDOE, DDOT, the MPO for the affected area, and other agencies and organizations that have responsibilities for developing, submitting or implementing any of the plan revisions.  It is the forum for cooperative air quality planning decision-making.  The RPO for the Washington region is the Metropolitan Washington Air Quality Committee (MWAQC).

 

State – the District of Columbia.

 

Statewide transportation improvement program – 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 §§ 450.300 - .338.

 

Statewide transportation plan – the official intermodal Statewide transportation plan that is developed through the Statewide planning process for the State, under 23 CFR §§ 450.300 -.338.

 

TCM or transportation control measure – any measure that is specifically identified and committed to in the state implementation plan that is either one of the types listed in § 108 of the Clean Air Act, 42 U.S.C. § 7408(f), or any other measure to reduce emissions or concentrations of air pollutants from transportation sources by reducing vehicle use or changing traffic flow or congestion conditions.  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 chapter.

 

TIP or transportation improvement program – a staged, multiyear, intermodal program of transportation projects covering a metropolitan planning area which is consistent with the metropolitan transportation plan, and developed pursuant to 23 CFR §§ 450.300 - .338.

 

Transit – 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.

 

Transit project – 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 must 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; and

 

(c) Not restrict consideration of alternatives for other reasonably foreseeable transportation improvements.

 

Transportation plan – the official intermodal metropolitan transportation plan that is developed through the metropolitan planning process for the metropolitan planning area, developed pursuant to 23 CFR §§ 450.300 - .338.

 

Transportation project – a highway project or a transit project.

 

USDOT – the United States Department of Transportation.

 

 

authority

Sections 5 and 6(b) of the District of Columbia Air Pollution Control Act of 1984, as amended, effective March 15, 1985 (D.C. Law 5-165; D.C. Official Code §§ 8-101.05 and 8-101.06(b)), section 107(4) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.07(4)), Mayor’s Order 98-44, dated April 10, 1998, and Mayor’s Order 2006-61, dated June 14, 2006

source

Notice of Final Rulemaking published at 57 DCR 527 (January 8, 2010), incorporating text of Proposed Rulemaking published at 56 DCR 3132, 3142 (April 24, 2009).