RCW 70.94.037: Transportation activities—”Conformity” determination requirements

Washington State law RCW 70.94.037 requires that any transportation plan, program, or project in areas that don't meet federal air quality standards must be shown to conform with the state's air quality implementation plan before it can be approved or funded. The conformity determination must be made by the responsible state agency, local government, or metropolitan planning organization overseeing the project. Projects limited strictly to preservation or maintenance work are exempt from this requirement.

Notes

This Washington State law requires that no state agency, metropolitan planning organization, or local government may approve or fund a transportation plan, program, or project in a nonattainment area without a conformity determination showing compliance with the state implementation plan for air quality under the federal Clean Air Act. The law assigns responsibility for conformity determinations to the administering agency and directs the Department of Ecology and Department of Transportation to adopt rules for federally funded projects. Projects limited in scope to preservation or maintenance are exempt from conformity determination requirements.

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