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 173-420-050 - General provisions

Current through Register Vol. 24-14, July 15, 2024
(1) Conformity
			 review will include transportation plans, improvement programs, and projects on
			 the regional transportation system. The review utilizes requirements from the
			 federal Clean Air Act, the Washington Clean Air Act (chapter 70.94 RCW), the Growth Management
			 Act (GMA) (chapter 36.70A
			 RCW), the State Environmental Policy Act (SEPA) (chapter 43.21C RCW), and the federal ISTEA
			 (P.L.
			 102-240).
(2) Identification of transportation plans
			 and improvement programs that affect nonattainment areas, identification of
			 projects on the regional transportation system, and coordination and
			 consistency among plans shall be accomplished through the planning processes
			 required by the GMA and the ISTEA.
(3) Transportation plans and improvement
			 programs on the regional transportation system within metropolitan area
			 boundaries that contain nonattainment areas shall be coordinated through the
			 MPO using the regional planning process required by ISTEA (P.L.
			 102-240).
(4) Transportation control measures shall be
			 identified and incorporated into plans and programs through the SIP process
			 required by the federal Clean Air Act.
(5) Early and continuous public participation
			 shall be a component of the conformity process pursuant to requirements of the
			 GMA (chapter 36.70A
			 RCW) and ISTEA (P.L.
			 102-240). At least one public hearing shall be
			 held on transportation plan and improvement program conformity determinations.
			 Such hearings may be combined with general hearings required for the
			 transportation plans or improvement programs. Public comment on project
			 conformity shall be completed as part of the SEPA process (chapter 197-11
			 WAC).
(6) Disagreement over a
			 conformity determination for a plan or program shall be presented in writing to
			 the MPO and shall identify the changes considered necessary to achieve
			 conformity. The MPO shall convene a meeting or meetings with the contesting
			 party, parties of record, consulted agencies, and the state departments of
			 ecology and transportation within fifteen working days of receipt of the
			 written document contesting the determination. The meeting shall be to review
			 the written reasons for contesting the determination. A written decision
			 stating the changes, if any, in the conformity determination on the plan or
			 program shall be provided to each of the meeting participants. The department
			 of ecology or air pollution control authority may appeal the written decision,
			 provided a written appeal to the governor is filed within fourteen calendar
			 days of the written decision.
(7)
			 Disagreements on project conformity findings shall be addressed through the
			 SEPA process (chapter 197-11 WAC).
(8) If the classification or designation of a
			 nonattainment or maintenance area changes, the next consultation meeting
			 required under WAC
			 173-420-070 shall incorporate the
			 criteria in the federal transportation conformity regulation ( 40 C.F.R. Part 93
			  Subpart A and  40 C.F.R. Part 51  Subpart T) that apply to the new classification
			 or designation for use in all subsequent conformity determinations.
Statutory Authority:
				  Chapter
				  70.94 RCW and  40 C.F.R.
				  Part 51  Subpart T. 95-18-022 (Order 94-31), § 173-420-050, filed 8/25/95,
				  effective 9/25/95. Statutory Authority:
				  Chapter
				  70.94 RCW and
				  RCW
				     70.94.037. 93-04-006 (Order 92-07), §
				  173-420-050, filed 1/22/93, effective
				  2/22/93.