CSR 45-36-1. General

§45-36-1. General. 1.1. Scope. -- This rule establishes and adopts the requirements of 40 CFR Part 93, Subpart A, “Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Laws.” 40 CFR Part 93, Subpart A was promulgated by the U.S. Environmental Protection Agency (USEPA) to implement Section 176(c) of the Clean Air Act (CAA), as amended (42 U.S.C. 7401 et seq.), and the related requirements of 23 U.S.C. Section 109(j), with respect to the conformity of transportation plans, programs, and projects which are developed, funded, or approved by the United States Department of Transportation, and by metropolitan planning organizations (MPOs) or other recipients of funds under Title 23 U.S.C. or the Federal Transit Laws (49 U.S.C. Chapter 53). This rule codifies general policy, criteria, and procedures for demonstrating and assuring conformity of such activities to applicable air quality implementation plans developed pursuant to Section 110 and Part D of the CAA. The Secretary hereby adopts these requirements by reference. 1.2. Authority. -- W.Va. Code §22-5-4. 1.3. Filing Date. -- April 30, 2004. 1.4. Effective Date. -- June 1, 2004. 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 A, effective July 1, 2002, as amended by the Federal Register through June 1, 2003. 1.6. Former Rules. -- This legislative rule amends 45CSR36 “Requirements for Determining Conformity of Transportation Plans, Programs, and Projects Developed, Funded or Approved under Title 23 U.S.C. Or the Federal Transit Act, to Applicable Air Quality Implementation Plans (Transportation Conformity)” which was filed April 28, 1995 and became effective May 1, 1995.