Kentucky Administrative Regulations
Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION
Chapter 50 - Division for Air Quality; General Administrative Procedures
Section 401 KAR 50:066 - Conformity of transportation plans, programs, and projects
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 224.10-100, 224.20-100, 224.20-110, 23 C.F.R. Part 450, 40 C.F.R. 51.390, Part 93, 49 C.F.R. Part 613, 23 U.S.C. 109, 134, 42 U.S.C. 7506(c)(4), 49 U.S.C. 53, EO 2008-507, 2008-531
NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100(5) authorizes the Environmental and Public Protection Cabinet to promulgate administrative regulations for the prevention, abatement, and control of air pollution. EO 2008-507 and 2008-531, effective June 16, 2008, abolish the Environmental and Public Protection Cabinet and establish the new Energy and Environment Cabinet. This administrative regulation adopts the Federal Transportation Conformity Rules as codified in 40 C.F.R. Part 93 Subpart A and incorporates a guidance document that establishes criteria and procedures for the interagency consultation process used in demonstrating conformity of federal transportation plans to the Kentucky State Implementation Plan.
Section 1. All transportation plans, transportation improvement plans, and projects subject to 40 C.F.R. 93, Subpart A, shall be found to conform to the Kentucky State Implementation plan before they shall be implemented. This finding of conformity shall be done in accordance with the consultation procedures outlined in the document, Transportation Conformity: A Guide for Interagency Consultation.
Section 2. Incorporation by Reference.
STATUTORY AUTHORITY: KRS 224.10-100(5), 224.20-100, 224.20-110, 42 U.S.C. 7506(c)(4)