Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-35-1 - General1.1. Scope. -- This rule establishes and adopts the requirements of 40 CFR Part 93, Subpart B, "Determining Conformity of General Federal Actions to State or Federal Implementation Plans" for the purpose of meeting the implementation plan requirements of 40 CFR '51.851. 40 CFR Part 93 Subpart B was promulgated by the U.S. Environmental Protection Agency to implement Section 176(c) of the Clean Air Act (CAA), which requires that all federal actions conform to any applicable implementation plan. This rule codifies general criteria, procedures and requirements for demonstrating and assuring conformity of such actions to any applicable implementation plan. The Secretary hereby adopts these requirements by reference.1.2. Authority. -- W. Va. Code '22-5-4.1.3. Filing Date. -- May 1, 2012.1.4. Effective Date. -- June 1, 2012.1.5. Incorporation by Reference. -- Federal Counterpart Regulation. The Secretary has determined that a federal counterpart regulation exists, and in accordance with the Secretary=s recommendation, with limited exception, this rule incorporates by reference 40 CFR Part 93 Subpart B, effective June 1, 2011.1.6. Former Rules. -- This legislative rule amends 45CSR35 -- "Requirements for Determining Conformity of General Federal Actions to Applicable Air Quality Implementation Plans (General Conformity)" which was filed April 28, 1995, and which became effective May 1, 1995.