7 Del. Admin. Code § 1135-1.0

Current through Register Vol. 28, No. 1, July 1, 2024

Section 1135-1.0 - Purpose

1.1 The purpose of this regulation is to implement §176(c) of the Clean Air Act (CAA), as amended ( 42 U.S.C. 7401 et seq.) and regulations under 40 CFR Part 51 Subpart W (July 1, 1994), 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 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. This regulation sets forth policy, criteria, and procedures for demonstrating and assuring conformity of such actions to the applicable implementation plan.

1.2 Under CAA §176(c) and 40 CFR Part 51 Subpart W (July 1, 1994), a federal agency must make a determination that a federal action conforms to the applicable implementation plan in accordance with the requirements of this regulation before the action is taken.

1.3 The preceding sentence does not include federal actions where either:

1.3.1 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

1.3.2

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

1.3.2.2 Sufficient environmental analysis is 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 §176(c) of the CAA, and

1.3.2.3 A written determination of conformity under §176(c) of the CAA has been made by the federal agency responsible for the federal action by March 15, 1994.

1.4 Notwithstanding any provision of this regulation, 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, NEPA, or the CAA.

08/14/1996

7 Del. Admin. Code § 1135-1.0