Wash. Admin. Code § 173-420-090 - Transportation improvement program conformity

(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 Projects that are no longer current to the program, or that are no longer intended to begin construction within the period of the program, shall be removed from the conformity analysis.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.

Notes

Wash. Admin. Code § 173-420-090

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.