Wash. Admin. Code § 173-420-055 - SIP impacts on conformity determinations

(1) Until EPA redesignates a nonattainment area to an attainment area the status of the applicable SIP shall have the following impact on the conformity of plans, TIPs and projects:

(2) If the applicable SIP is not submitted by the deadline for submittal:

(a) Four months after the applicable deadline no new plan or TIP shall be found to conform; and

(b) Twelve months after the applicable deadline the conformity status of the existing plan and TIP shall lapse and no new project-level conformity determinations shall be made.

(3) If the SIP submittal for a PM10 NAA or for a CO NAA with a design value of 12.7 ppm or greater is found to be incomplete by EPA:

(a) If the incompleteness finding is because measures committed to in the SIP are not in an enforceable form as required by section 110(a)(2)(A) of the CAA then twelve months after the finding the conformity status of the existing plan and TIP shall lapse;

(b) Four months after the finding no new plan or TIP shall be found to conform; and

(c) Twelve months after the finding the conformity status of the existing plan and TIP shall lapse and no new project-level conformity determinations shall be made.

(4) For a complete SIP for a PM10 NAA or for a CO NAA with a design value of 12.7 ppm or greater or for a maintenance plan disapproved by EPA:

(a) No new plan, TIP or project shall be found to conform;

(b) If the disapproval is because the measures committed to in the SIP are not in an enforceable form as required by section 110(a)(2)(A) of the CAA then twelve months after the disapproval the conformity status of the existing plan and TIP shall lapse; and

(c) Four months after the disapproval the conformity status of the existing plan and TIP shall lapse and no new project-level conformity determinations shall be made.

(5) If a SIP submitted for a marginal ozone NAA or a CO NAA with a design value less than 12.7 ppm contains control strategies then the requirements of subsections (3) and (4) of this section shall apply.

(6) The provisions of subsections (2), (3), (4), and (5) of this section shall be removed upon receipt of a letter from the EPA regional administrator acknowledging remedying of the deficiencies.

Notes

Wash. Admin. Code § 173-420-055

Statutory Authority: Chapter 70.94 RCW and 40 C.F.R. Part 51 Subpart T. 95-18-022 (Order 94-31), § 173-420-055, filed 8/25/95, effective 9/25/95.