Or. Admin. Code § 340-250-0010 - Purpose

(1) The purpose of these rules is to implement Section 176(c) of the Clean Air Act (Act), ( Public Law 88-206 as last amended by Public Law 101-549) 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. These rules set forth policy, criteria, and procedures for demonstrating and assuring conformity of such actions to the applicable implementation plan.

(2) Under Section 176(c) of the Act 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 SIP in accordance with this division before the action is taken.

(3) Section (2) of this rule 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) the following has been completed:

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

(B) 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 pursuant to the agency's affirmative obligation under Section 176(c) of the Act; and

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

(4) Notwithstanding any provision of this division, 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 NEPA, or the Act.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as Adopted by the Environmental Quality Commission under OAR 340-200-0040.]

Notes

Or. Admin. Code § 340-250-0010

DEQ 9-1995, f. & cert. ef. 5-1-95; DEQ 17-1998, f. & cert. ef. 9-23-98; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-1500

Publications: The publications referred to or incorporated by reference in this rule are available from the agency.

Stat. Auth.: ORS 468.020 & ORS 468A.035

Stats. Implemented: ORS 468A.035