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 173-420-090 - Transportation improvement program conformity

Current through Register Vol. 24-14, July 15, 2024
(1) This section applies to all
			 transportation improvement programs that authorize purchase of right of way or
			 that fund construction of projects on the regional transportation system within
			 a metropolitan area boundary of any region that is contained either wholly or
			 partially in a nonattainment area for each criteria pollutant. The metropolitan
			 planning organization that has responsibility for such a program shall complete
			 all program modeling as required herein and shall conduct an analysis to
			 determine conformity with the current SIP. After a conformity finding by the
			 MPO, the TIP shall be submitted to the United States Department of
			 Transportation for federal conformity determination.
(2) The current SIP is the plan that has been
			 adopted by the department of ecology and submitted to the United States
			 Environmental Protection Agency. Upon adoption of a new state implementation
			 plan, a MPO may use the previous SIP for up to ninety days when making
			 conformity determinations on new TIPs. Ninety days after adoption of a new SIP,
			 MPOs shall use the current SIP when making conformity determinations for new
			 TIPs.
(3) Transportation
			 improvement programs shall comply with WAC
			 173-420-060. After the attainment
			 year, projects contained in a transportation program shall not cause any
			 violations of the NAAQS. Transportation improvement programs shall be
			 consistent with a conforming transportation plan as described in WAC
			 173-420-080. Local improvement
			 programs that are consistent with a conforming regional TIP are deemed to
			 comply with this chapter provided that the requirements of WAC
			 173-420-050 are met.
(4) Metropolitan planning organizations shall
			 update TIP conformity findings whenever the TIP is updated. Projects that are
			 no longer current to the program, or that are no longer intended to begin
			 construction within the period of the program, shall be removed from the
			 conformity analysis.
(5)
			 Transportation improvement programs that have been approved and found to
			 conform to the state implementation plan before adoption of this chapter need
			 not be updated until two years after the enactment of this chapter.
(6) The lead agency of each transportation
			 project on the regional transportation system within the MPO's jurisdiction
			 shall submit sufficient documentation to support the MPO's modeling efforts.
			 This documentation shall include design speed, anticipated speed limit, number
			 of lanes, and lane capacity as relevant for all transportation projects that
			 must comply with WAC
			 173-420-100 and that are not
			 exempted under WAC
			 173-420-110.
(7) The TIP shall include the status of each
			 transportation control measure in the state implementation plan as an attached
			 appendix. All transportation control measures shall be scheduled for
			 implementation and funded for completion before the proposed attainment
			 demonstration date for each criteria pollutant. Projects in the transportation
			 improvement program shall not interfere with or cause a delay in the
			 implementation of a transportation control measure. Those transportation
			 control measures that are no longer viable shall be documented and removed from
			 the status report.
Statutory Authority:
				  Chapter
				  70.94 RCW and
				  RCW
				  70.94.037. 93-04-006 (Order 92-07), §
				  173-420-090, filed 1/22/93, effective
				  2/22/93.