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.
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