Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-420 - Conformity of transportation activities to air quality implementation plans › Section 173-420-100 - Transportation project conformity

Current through Register Vol. 24-14, July 15, 2024
(1)
			 This section applies to all transportation projects on the regional
			 transportation system regardless of funding base within a metropolitan area
			 boundary of any region that is contained either wholly or partially in a
			 nonattainment area. Projects that are exempted from these requirements because
			 they are deemed to have neutral impact on air quality are listed in WAC
			 173-420-110.
(2) Transportation projects shall meet the
			 analysis requirements of this section before approval of plans, specifications,
			 and estimates; before acquisition of right of way not exempted under WAC
			 173-420-110; and before
			 expenditure of funds for construction. In no instance shall funds be obligated
			 nor approvals granted that will commit a lead agency to construction of a
			 project if the requirements of this section have not been met.
(3) Transportation projects on the regional
			 transportation system that are located outside a nonattainment area but affect
			 a nonattainment area shall meet the requirements of this section and SEPA
			 (chapter 197-11 WAC). Such transportation projects need not come from a
			 conforming transportation improvement program.
(4) Any temporary construction-related
			 measures shall not prevent a conformity determination, but shall be subject to
			 permit conditions to minimize pollution during construction.
(5) Transportation projects shall be modeled
			 by the lead agency with the methodology determined in WAC
			 173-420-070. The lead agency
			 shall provide sufficient documentation to demonstrate to the MPO that the
			 requirements of this section are met. Such transportation projects shall be
			 included in a conforming transportation improvement program as described in WAC
			 173-420-090.
(6) Transportation projects that are not on
			 the regional transportation system and are located in a MAB with a conforming
			 transportation plan and improvement program are deemed to comply with this
			 chapter. Such projects may include, but are not limited to, intersection
			 signalization and channelization, or construction of local or collector
			 streets. In no instances shall the requirements of WAC
			 173-420-060 be contravened.
			 Transportation projects that are not on a regional transportation system and
			 are not located in a nonattainment area for criteria pollutants are deemed to
			 comply with this chapter.
(7)
			 Transportation projects that are included in a conforming transportation
			 improvement program and that have completed the public comment period of the
			 environmental review requirements of the SEPA or the NEPA before adoption of
			 this chapter, are not required to comply with the conformity requirements of
			 this chapter unless there are significant changes in the project
			 scope.
Statutory Authority:
				  Chapter
				  70.94 RCW and
				  RCW
				  70.94.037. 93-04-006 (Order 92-07), §
				  173-420-100, filed 1/22/93, effective
				  2/22/93.