W. Va. Code R. § 45-35-3

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-35-3 - Requirements
3.1. No department, agency or instrumentality of the federal government shall engage in, support in any way or provide financial assistance for, license or permit, or approve any activity which does not conform to an applicable implementation plan.
3.2. A federal agency must make a determination that a federal action conforms to the applicable implementation plan in accordance with the requirements of 40 CFR Part 93 Subpart B before the action is taken.
3.3. [Reserved.]
3.4. Notwithstanding any provision of 40 CFR Part 93 Subpart B, a determination that an action is in conformance with the applicable implementation plan does not exempt the action from any other requirements of the applicable implementation plan, the National Environmental Policy Act, or the CAA.
3.5. If an action would result in emissions originating in more than one nonattainment or maintenance area, the conformity must be evaluated for each area separately.

W. Va. Code R. § 45-35-3