Section 489.01. Purpose.

 

(1)  The purpose of this rule is to implement section 176 (c) of the clean air act ( 42 USC 7406 (c) ) and regulations under 40 CFR part 51 subpart W as in effect on July 1, 1998 with respect to the conformity of general federal actions to the applicable implementation plan. Under those authorities, no department, agency or instrumentality of the federal government may 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. This chapter sets forth policy, criteria and procedures for demonstrating and assuring conformity of such actions with the applicable implementation plan.

(2)  Under section 176 (c) of the act ( 42 USC 7506 (c) ) and 40. CFR part 51 subpart W, a federal agency must make a determination that a federal action conforms to the applicable implementation plan in accordance with the requirements of this chapter before the action is taken.

(3)   Subsection (2) does not include federal actions where either:

(a) A national environmental policy act (NEPA) analysis was completed as evidenced by a final environmental assessment (EA), environmental impact statement (EIS), or finding of no significant impact (FONSI) that was prepared prior to January 31, 1994; or

(b)

1. Prior to January 31, 1994, an EA was commenced or a contract was awarded to develop the specific environmental analysis;

2. Sufficient environmental analysis was completed by March 15, 1994, so that the federal agency may determine that the federal action is in conformity with the specific requirements and the purposes of the applicable implementation plan pursuant to the agency's affirmative obligation under section 176 (c) of the act ( 42 USC 7506 (c) ); and

3. A written determination of conformity under section 176 (c) of the act ( 42 USC 7506 (c) ) has been made by the federal agency responsible for the federal action by March 15, 1994.

(4)  Notwithstanding any provision of this chapter, a determination that an action is in conformity with the applicable implementation plan does not exempt the action from any other requirements of the applicable implementation plan, the NEPA, or the act.