La. Admin. Code tit. 33 § III-1403

Current through Register Vol. 50, No. 6, June 20, 2024

Section III-1403 - Prohibition

A. No department, agency, or instrumentality of the federal government shall engage in, support in any way, provide financial assistance for, license, permit, or approve any activity which does not conform to an applicable implementation plan.

B. A federal agency must make a determination that a federal action conforms to the applicable implementation plan in accordance with the requirements of this Subchapter before the action is taken.

C. Subsection B of this Section does not include federal actions where conditions in either Paragraph C.1 or 2 of this Section are met:

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

2. prior to January 31, 1994, an EA was commenced or a contract was awarded to develop the specific environmental analysis; 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 SIP in accordance with the federal agency's affirmative obligation under Section 176(c) of the CAA; and a written determination of conformity under Section 176(c) of the CAA has been made as of March 15, 1994, by the federal agency responsible for the federal action.

D. Notwithstanding any provision of this Subchapter, a determination that an action is exempt, is in conformance, or is presumed to conform with the applicable implementation plan does not exempt the action from any other requirements of the applicable implementation plan, the NEPA, the CAA, or any facility reporting, testing, monitoring, permitting, and fee requirements of LAC 33:III.

La. Admin. Code tit. 33, § III-1403

Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 20:1268 (November 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054.