Minnesota Pollution Control Agency 

520 Lafayette Road North I St. Paul, Minnesota 55155-4194 I 651-296-6300 

800-657-3864 I 651-282-5332 TTY I www.pcastate.mn.us I Equal Opportunity Employer 

July 16, 2015 

Dr. Susan Hedman 

U.S. Environmental Protection Agency- Region 5 

77 West Jackson Boulevard 

Mail Code R-19J 

Chicago, IL 60604-3507 

RE: Completion of Minnesota's Transportation Conformity Memorandum of Agreement (MOA)- State 

Implementation Plan (SIP) Obligations 

Dear Dr. Hedman: 

The Minnesota Pollution Control Agency (MPCA) is pleased to submit our final, signed Transportation 

Conformity MOA and requests that the U.S. Environmental Protection Agency (EPA) incorporate this 

document into Minnesota's Conformity SIP. The EPA allowed flexibility in order that the SIP could be 

developed as a state rule, memorandum of understanding, or a MOA. Once approved and incorporated 

into the SIP, the Transportation Conformity MOA governs the conformity process instead of the federal 

conformity rule for any provision included in the SIP. The Transportation Conformity MOA became 

effective on March 23, 2015. 

In accordance with Minn. Stat. § 116.05, subd. 1, the MPCA collaborated with the Metropolitan Council 

(MC), the Minnesota Department of Transportation (MnDOT), Metropolitan Interstate Council (MIC), 

the EPA, the Federal Transit Administration (FTA), and the Federal Highway Administration (FHWA) to 

develop the Transportation Conformity MOA. The MOA meets the requirements of the Clean Air Act 

Sections 176(c) (4) (E) and 176(c) (8). 

If you have any questions or comments on the Final Conformity MOA, please contact Innocent E. Eyoh at 

651-757-2347 or by e-mail at innocent.eyoh@state.mn.us. 

Sincerely, 

Mary Jean Fenske 

Supervisor, Air Policy Unit 

St. Paul Office 

Environmental Analysis and Outcomes Division 

MJF/IEE:vs 

Attachments 

cc: See next page 
Dr. Susan Hedman 

Page 2 

July 16, 2015 

cc: J. David Thornton, MPCA Assistant Commissioner 

Shannon M. Lotthammer, MPCA 

Michael Leslie, EPA, Chicago 

William Wheeler, FTA 

Ron Chicka, MIC 

Kris Riesenberg, FHWA 

Brian Isaacson, MnDOT 

Frank Kohlasch, MPCA 

Innocent E. Eyoh, MPCA 

Amanda Smith, MPCA 

Jonathan Ehrlich, MC 
2014 MEMORANDUM OF AGREEMENT REGARDING 

DETERMINATION OF CONFORMITY OF TRANSPORTATION PLANS, PROGRAMS 

AND PROJECTS TO STATE IMPLEMENTATION PLANS 

This Memorandum of Agreement ("MOA") is entered into by and among the Minnesota Pollution 

Control Agency ("MPCA"L the Minnesota Department of Transportation ("MnDOT"), the two affected 

Metropolitan Planning Organizations ("MPOs"): the Metropolitan Council ("Council"), and the Metropolitan 

Interstate Council ("MIC"), the U.S. Environmental Protection Agency, (EPA) the Federal Highway Administration 

("FHWA"), and the Federal Transit Administration ("FTA") (the "Parties") in order to satisfy the transportationrelated emissions conformity requirements of the federal Clean Air Act ("CAA''), 42 U.S.C. § 7506(c); the Federal 

Aid Highway Act, 23 U.S.C. § 109(j); 49 U.S.C. ch. 53; related provisions of the federal Moving Ahead for 

Progress in the 21st Century Act ("MAP-21"), Pub. L. No 112-141 including, but not limited to,§§ 1113 (amending 

23 U.S.C. § 149(b), 1201-1203 (amending 23 U.S.C. §§ 134, 135 & 150), and 20005-20006 (amending 49 U.S.C. §§ 

5303 & 5304), 126 Stat. 460-464, 500-526, & 628-652 (2012) and the implementing regulations of EPA at 40 CFR 

parts 51 and 93 {2012), the FHWA at 23 CFR part 450 (2013) and the FTA at 49 CFR part 613 (2012); and 

RECITALS 

WHEREAS, Section 176(c) of the CAA, 42 U.S.C. § 7506(c), requires federally-funded transportation 

plans, programs, and projects that are funded or approved under 23 U.S.C. (Highways), or the Federal Transit 

Act, 49 U.S.C. ch. 53 (Public Transportation) to conform with State and Federal air quality implementation plans; 

and 

WHEREAS, federal agency activities in Minnesota are subject to the provisions of 42 U.S.C. § 7506(c) (1) 

which state: "No department, agency, or instrumentality of the Federal Government shall engage in, support in 

any way or provide financial assistance for, license or permit, or approve any activity which does not conform to 

an implementation plan after it has been approved or promulgated under [42 U.S.C.] section 7410 .... "; and 

WHEREAS, MPO activities in Minnesota are subject to the provisions of 42 U.S.C. § 7506(c)(1) which 

state: "No metropolitan planning organization designated under [23 U.S.C.] section 134 ... , shall give its approval 

to any project, program, or plan which does not conform to an implementation plan approved or promulgated 

under [42 U.S.c.] section 7410 .... " 

WHEREAS, the EPA's regulations codified at 40 CFR parts 51 and 93 {2012) implement the requirement 

that MPOs/State Departments of Transportation ("State DOTs") and the FHWA/ FTA must make conformity 

determinations on transportation plans and transportation improvement programs in nonattainment and 

maintenance areas before they are adopted, approved or accepted, and on projects in those areas before they 

are approved or funded, Notice of Adoption of Rules re: Criteria and Procedures for Determining Conformity to 

State or Federal Implementation Plans, 58 Fed. Reg. 62,188 (Nov. 23, 1993) ("EPA's Notice"); and 

WHEREAS, EPA determined that each State should have the flexibility to design a consultation process 

that will facilitate the development of approaches to maximize both air quality and mobility, EPA's Notice, 58 

Fed. Reg. 62,201, § IV.1.1; and 

WHEREAS, EPA's Notice stated that EPA's approach is, " ... the validity of a conformity determination 

should depend on proper consultation procedures and that each State and participating agencies should jointly 

develop their own legally enforceable State conformity procedures." 58 Fed. Reg. 62,201, § IV.1.2; and 

WHEREAS, EPA's Notice stated: "EPA will accept State conformity procedures in any form provided the 

State can demonstrate to EPA's satisfaction that, as a matter of State law, the State has adequate authority to 

compel compliance with the requirements of the State conformity procedures." 58 Fed. Reg. 62,209, § V.C.; and 

WHEREAS, EPA's regulations, 40 CFR § 51.390 and Part 93, give State and Local governments certain 

flexibility in selecting the performance measures used as tests of conformity and certain discretion when a 

transportation plan does not conform to a State Implementation Plan ("SIP") (for example, to allow motor 

1 
vehicle emissions budgets in a submitted SIP to be used to determine conformity instead of the "build/no-build" 

test, and to allow rural areas to choose among several conformity tests to address the time period after that 

covered by the SIP); and 

WHEREAS, CAA section 176(c) (4) (E), 42 U.S.C. § 7506(c) (4) (E), as amended by the Safe, Accountable, 

Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Pub. L. 109-59, Title VI § 6011(f), 

119 Stat. 1882 (August 10, 2005}, and maintained by the Moving Ahead for Progress in the 21st Century Act 

(MAP-21), Pub. L. 112-141, 126 Stat. 405 (July 6, 2012), and 40 CFR § 51.390(b) require states to submit 

transportation conformity SIPS that include the following three requirements of 40 CFR Part 93 (Determining 

Conformity of Federal Actions to State or Federal Implementation Plans; referred to hereafter as the ([Federal 

Conformity Rule"): a) 40 CFR § 93.105 which outlines the criteria for consultation procedures related to 

transportation conformity; b) 40 CFR § 93.122(a)(4)(ii) which states that conformity SIPs must require that 

written commitments to control measures be obtained prior to a conformity determination if the control 

measures are not included in the MPO's transportation plan and transportation improvement program and 

commitments must be fulfilled; and c) 40 CFR § 93.125(c) which states that conformity SIPs must require that 

written commitments to project-level mitigation or control measures be obtained prior to a positive conformity 

determination, and that project sponsors comply with such commitments. Transportation Conformity SIPS may 

include any other provisions of 40 CFR part 93, subpart A (currently §§ 93.100-93.129). Additional guidance is 

provided in 40 CFR §§ 51.390 and 51.851, EPA's January 2009 Guidance for Developing Transportation 

Conformity State Implementation Plans, and EPA's January 2009 Guidance for Implementing the Clean Air Act 

Section 176(c) (8) Transportation Control Measure Substitution and Addition Provision; and 

WHEREAS, Transportation Planning regulations at 23 CFR Part 450 establish rules for statewide and 

metropolitan transportation planning; and 

WHEREAS, the Minnesota parties possess the following Minnesota statutory authority: 

• Minn. Stat. § 116.05, subd. 1. Directs all state departments and agencies to cooperate 

with the MPCA and its Commissioner and assist them in the performance of their duties, 

and authorizes them to enter into n�cessary agreements with the agency, and the MPCA 

is authorized to cooperate and to enter into necessary agreements with other 

departments and agencies of the state, with municipalities, with other states, with the 

federal government and its agencies and instrumentalities, in the public interest and in 

order to control pollution under chapters 115 and 116. 

• Minn. Stat.§ 116.07, subds. 1 and 2. Grants the MPCA the powers and duties to improve 

air quality, adopt standards of air quality, and enhance the quality, management and 

protection of the State's air resources through comprehensive plans for the prevention, 

abatement and control of air pollution in Minnesota. 

• Minn. Stat. § 174.03, requires that all of the State's regional and municipal agencies and 

commissions created under authority of law shall, when dealing with transportation, 

follow the recommendations made by MnDOT. MPOs are required to enter into 

agreements with MnDOT relating to transportation planning under 23 CFR § 450.314, 

Metropolitan Planning Agreements. MnDOT has authority over the development of the 

Statewide Transportation Improvement Program (uSTIP") and, under Minnesota law, has 

been delegated the Governor's final approval authority over all MPO Transportation 

Improvement Programs (([TIPs"), including amendments thereto, possessed by the 

Governor under 23 U.S.C. § 134 and 49 U.S.C. §§ 5301 et seq. MnDOT will not approve any 

MPO TIP or amendment thereto that contains a nonconforming project and will not 

include a nonconforming TIP in the STIP. Finally, MnDOT has authority over planning funds 

provided to MPOs for transportation planning purposes under state law. 23 CFR § 450.320 

requires MPOs to develop and implement a congestion management system in 

transportation management areas (uTMAs") with specific requirements for nonattainment 

areas; and 23 CFR Part 420, Subpart A, makes MnDOT responsible for administration of 

2 
federal planning funds to MPOs in Minnesota for work to carry out urban transportation 

planning. MnDOT will not request federal or state funding for any nonconforming projects, 

programs or plans and may withhold funds for failure to follow conformity procedures. 

• Minn. Stat. § 161.20, subd. 2(1) authorizes and directs MnDOT to expend funds to 

construct and maintain highways and related projects within the meaning of Title 23, 

United States Code, and all acts amendatory and supplementary thereto, and the federal 

regulations issued under that Code, as well as to receive and expend all funds in 

accordance with the requirements of acts of Congress making such funds available. 

• Minn. Stat. § 473.146, subd. 4, Designates the Council as the planning agency for any longrange comprehensive transportation planning required by section 134 of the Federal 

Highway Act of 1962, Section 4 of the Urban Mass Transportation Act of 1964 and Section 

112 of the Federal Aid Highway Act of 1973 and other federal transportation laws. 

• Governor Wendell R. Anderson December 14, 1973 Designation Letter, Designates the 

MIC as the planning agency to carry out the metropolitan transportation planning process 

as required by the Federal Highway Act of 1962 and other subsequent federal 

transportation laws. 

WHEREAS, the parties agree and declare that this MOA and the consultation procedures herein are 

enforceable contractual agreements under Minnesota law, as part of the SIP itself under 42 U.S.C. 

§ 7410(a)(2)(EL and under the following Minnesota statutory authority: 

• Minn. Stat. § 116.05, subd. 1, cited above, and 

• Minn. Stat. § 471.59, subds. 1 & 10: Authorizes governmental units to jointly or cooperatively 

exercise any power common to the contracting parties or perform any service or function for 

another governmental unit that the providing governmental unit can provide for itself; 

• Section 176(c) of the CAA Amendments of 1990, 42 U.S.C. § 7506(cL requires federally-funded 

transportation plans, programs, and projects that are funded or approved under title 23, United 

States Code, or the federal Transit Act to conform with State and Federal air quality demonstration 

plans. EPA and FHWA/FTA have the authority under the law to ensure these regulations are fully 

implemented. 

NOW, THEREFORE, the parties intending to be legally bound agree as follows: 

A. PURPOSE 

The purpose of this MOA is to implement and satisfy Section 176(c) of the CAA, as amended, 42 U.S.C. 7506(c), 

and the related provisions of 23 U.S.C. §§ 109, 134, and 135 which require the conformity of transportation 

projects which are developed, funded, accepted, or approved by the USDOT or approved or adopted by the 

MPOs under Title 23, United States Code, or the Federal Transit Act (49 U.S.C. 1601 et seq.) with the SIP 

required under Section 110, 42 U.S.C. § 7410 relating to nonattainment and maintenance areas under 42 U.S.C. 

§§ 7407(d) and 7505(a). This MOA establishes a uniform policy for interagency consultation processes involving 

all affected agencies such that the consultation issues as described in 40 CFR § 93.105(c) are addressed. 

B. APPLICABILITY 

The Transportation Conformity SIP applies to all EPA designated non-attainment and maintenance areas for 

transportation related criteria pollutants within the state of Minnesota. 

3 
C. TRANSPORTATION CONFORMITY CONSULTATION 

(1) Affected Agencies 

For the purpose of consulting on transportation conformity issues, the following participating agencies will 

comprise the Minnesota Interagency Air Quality & Transportation Planning Committee ("MNIAQTPC"): 

• U.S. Environmental Protection Agency (EPA) 

• Minnesota Pollution Control Agency (MPCA) 

• Federal Highway Administration (FHWA) 

• Federal Transit Administration (FTA) 

• Minnesota Department of Transportation (MnDOT) 

• Minnesota Metropolitan Planning Organizations (MPOs) located in EPA designated non-attainment 

and maintenance areas, e.g. The Metropolitan Council (Council), and Metropolitan Interstate 

Council (MIC}. (An MPO only participates if a conformity issue is specific to an area/county served 

by the MPO). 

The MNIAQTPC is a work group that makes technical and policy recommendations regarding transportation 

conformity issues. The workgroup will be comprised of technical staff members from the affected agencies 

associated directly with transportation conformity. Each agency will appoint a designated contact for the 

MNIAQTPC. The MNIAQTPC is a forum to continue the dialogue and sharing of information between air quality 

and transportation planning agencies regarding transportation conformity. Participating agencies provide 

coordination, advice, consultation, and cooperation regarding air quality and transportation planning. The forum 

uses a variety of communication methods for consultation: meetings, written and electronic correspondence, 

workshops, site visits, telephone discussions, and websites. The form of consultation that the MNIAQTPC 

undertakes largely depends on the proposal, the complexity, and the relationship with the parties to be 

consulted. 

(2) Authorities & Limitations 

The affected agencies operate according to specific responsibilities, authorities, and limitations under various 

federal and state laws. In addition, because of an established working relationship, the agencies listed above 

recognize and respect the responsibilities, authorities and limitations of the other participating agencies. Each 

agency bears a responsibility to provide data and documentation in a timely manner for use by other agencies. 

Each agency is responsible for following the relevant state and federal requirements for public participation, 

public notice and comment, and formal adoption procedures. The respective agencies acknowledge a 

responsibility to notify each other of upcoming actions that will affect the domain of any other affected 

agencies. 

(3) MNIAQTPC Process Initiation: Transportation Conformity Actionable Events and Lead Agency Roles 

The MNIAQTPC consultation process is to be initiated and directed by the corresponding lead agency for the 

following transportation conformity related tasks and events. The designation of a lead agency is determined by 

legal obligations and professional expertise. Any MNIAQTPC member agency may initiate the consultation 

process to address pertinent air quality or transportation planning issues related to transportation conformity 

events. 

• Development/review of draft or revisions to the SIP -lead agency: MPCA; 

• Development of motor vehicle emissions budgets- lead agency: MPCA; 

• Development of periodic emissions inventory for criteria pollutants - lead agency: MPCA; 

• Development/review of air quality modeling and or any other analytical methods used for SIP 

development - lead agency: MPCA; 

• Development/review of on-road mobile source emissions models and methods - lead agency: EPA, 

or MPCA, or MPO, or MnDOT; 

4 
• Development/review of travel demand models or any other analytical methods used to predict 

vehicle miles traveled - lead agency: MPO or MnDOT; 

• Development/review of regionally significant projects and changes - lead agency: MPO or MnDOT; 

• Development/review of drafts for a new or amended Long Range Transportation Plan ("LRTP"), 

and TIP; - lead agency: MPO; 

• Development of conformity determination for a new or amended LRTP and TIP - lead agency: 

MPO; 

• Development of conformity determination for projects in non-metropolitan non-attainment and 

maintenance areas - lead agency: MnDOT; 

• Development of a list of the Transportation Control Measures ("TCMs") to be considered in the 

development/review of draft or revisions to the SIP, if necessary - lead agency: MPCA; 

• Revisions to a TCM prepared by the MPO for the MPCA to be included in the SIP - lead agency: 

MPO, MnDOT; 

• Nbtification of pending transportation conformity lapse- lead agency: FHWA/FTA; 

• Notification of SIP actions, including those that may lead to nonconformity and/or sanctions - lead 

agency: EPA; 

• Adequacy findings and notification of such findings for motor vehicle emission budgets - lead 

agency: EPA; 

• Helps each MPO develop Plans and TIPs, reviews and comments on MPO Plan and TIPs - lead 

Agency: MPCA, MnDOT, FHWA/FTA, EPA; 

• Approves TIPs as Governor's designee for inclusion in the State TIP-lead agency: MnDOT; 

• Makes final joint conformity determination on Plans and TIPs and projects; provides guidance and 

assistance to each MPO to help fulfill conformity requirements-lead agency: FHWA/FTA; (In area 

of conformity, FTA Region 5 has delegated most of its responsibilities to FHWA via memorandum 

of understanding dated July 14, 2004, but all findings are joint from both agencies. This agreement 

is re-affirmed annually.); 

• Makes a formal conformity determination on the LRTP or TIP through a resolution of the MPO's 

body -lead agency: MPO; 

• Ensures the adequacy of the interagency consultation process with respect to Plans, TIPs, and 

conformity analysis -lead agency: MPO, MnDOT; 

• Makes conformity determination for all projects regardless of project sponsor - lead agency: 

MnDOT or project applicant; 

• Accepts the LRTP or TIP and sends them to FHWA and FTA for action -lead agency: MnDOT; 

• Provides comments to FHWA on the conformity process and results -lead agency: EPA; 

• Reviews the MPO conformity determination -lead agency: FHWA; 

• Reviews MPCA, EPA, and public comments and makes final conformity determination on the LRTP 

or TIP through a joint FHWA/FTA letter- FHWA; 

• Maintains all minutes/records of MNIAQTPC actions, regardless of who initiated them -lead 

agency: MPCA; and 

• Conducts the public participation process -lead agency: MPO, MnDOT. 

• Development and maintenance of a handbook for transportation conformity procedureslead agency M PCA 

5 
(4) Regular MNIAQTPC Agency Roles & Responsibilities: 

(a)The lead MNIAQTPC agency is responsible for the following: 

• Initiate the MNIAQTPC consultation process according to transportation conformity actionable 

events established above; 

• Consult with the appropriate representatives of the MNIAQTPC agency; 

• Formulate and distribute MNIAQTPC draft and final meeting agendas to representatives of the 

MNIAQTPC agency in a timely manner; notify and provide MNIAQTPC agencies draft and final 

documents and appropriate supporting materials prior to formal adoption or publication; 

• Solicit input from the MNIAQTPC agencies through participation in the development of draft 

documents and supporting materials; 

• Review significant comments from MNIAQTPC agencies and provide responses in a timely manner 

prior to formal adoption of the final document; 

• Provide written responses to all comments from MNIAQTPC member agencies; 

(b) The non-lead MNIAQTPC agencies are responsible for the following: 

• Participate in the MNIAQTPC consultation process according to transportation conformity 

actionable events established above; 

• Consult with the lead MNIAQTPC agency and other MNIAQTPC agencies; 

• Provide input and technical assistance when requested; 

• Review and provide timely comments on draft and final documents and appropriate supporting 

information prior to formal adoption. 

D. SPECIFIC ROLES & RESPONSIBiliTIES 

(1} U.S. Environmental Protection Agency 

EPA is responsible for: approving updated mobile source vehicle em1ss1on models; issuing guidance on 

conformity criteria and procedures; providing modeling and emission inventory development assistance to 

MPCA, MnDOT, and the MPOs; finding motor vehicle emission budgets adequate or inadequate; approving or 

disapproving SIP revisions (including TCMs); and reviewing and commenting on regional emissions analyses and 

conformity determinations for LRTPs and TIPs. Where possible, EPA will participate in development of and 

review and comment on drafts of air quality conformity analyses. 

{2) Minnesota Pollution Control Agency 

MPCA is the agency responsible for air quality planning, as well as responsible for developing air quality plans 

known collectively as the State Implementation Plan (SIP). MPCA is responsible for developing emission 

inventories, emission budgets, air quality modeling, and SIP demonstrations and revisions. MPCA consults with 

affected parties and agencies throughout the SIP development and SIP revision processes, conducting briefings 

and meetings to gather ideas, reviews technical findings, and prepares draft revisions. Prior to formal adoption 

or publication, MPCA provides the affected agencies with draft documents and supporting materials. MPCA 

provides final documents and supporting information to each affected agency. after approval or adoption. 

MPCA provides coordination, advice, consultation, and cooperation to EPA, FHWA, FTA, MN/DOT, Local Public 

Transit Agencies, and any MPO during the development of any SIP involving TCMs. MPCA is responsible for 

providing technical and policy guidance to the MPOs and MnDOT regarding procedures to estimate on-road 

vehicle emissions. In addition, MPCA is the lead agency for maintaining the air quality monitoring network and 

providing regional ambient air data in Minnesota. MPCA also assists the EPA in making air quality monitoring 

data available to the public. 

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(3) Federal Highway Administration and Federal Transit Administration 

The FHWA and FTA are responsible for participating on MPO committees and task forces; reviewing the MPO 

transportation planning processes; providing transportation planning assistance and guidance for LRTPs and 

TIPs; approving air quality conformity determinations; providing FHWA and FTA air quality and conformity rules, 

policies and guidance; and providing notification of a pending conformity lapse. (In areas of conformity, FTA 

Region 5 has delegated most of its responsibilities to FHWA via memorandum of understanding ("MOU") dated 

July 14, 2004, but all findings are joint from both agencies. (This MOU is reaffirmed annually.) 

(4) Minnesota Department of Transportation 

MnDOT is responsible for serving on MPO committees, reviewing the planning processes, conducting conformity 

determination concurrence reviews on LRTPs, TIPs and Statewide TIPs, and balancing local needs and 

preferences with the state-administered transportation system's needs. In non-attainment and maintenance 

areas where there is no designated MPO, MnDOT is the lead transportation agency and assumes the MPO 

transportation planning responsibilities mentioned in this document. MnDOT will make conformity 

determinations for projects in non-metropolitan non-attainment and maintenance areas. MnDOT's 

responsibilities will also include providing updated travel data, fleet mix data and distribution of travel vehicle 

classifications/vehicle type and road type. MnDOT also helps each MPO develop LRTPs and TIPs, reviews and 

comments on MPO LRTPs and TIPs; approves TIPs, as the Governor's designee, for inclusion in the STIP; and 

provides guidance to each MPO to help fulfill conformity requirements. 

(5) Metropolitan Planning Organization 

Each MPO is responsible for developing two main products through the transportation planning process. The 

first is a LRTP that includes improvements to highways, transit and other transportation modes to meet the 

transportation needs of the area over a minimum 20-year period. The second is a TIP, a short-range capital 

Improvement program for highway, transit, and other transportation mode projects. Both the LRTP and the TIP 

must conform to the goals and objectives of the CAA, identified by MPCA in the SIP. The MPO is responsible for 

travel demand model development (or any other analytical methods used to predict vehicle miles traveled), 

estimating mobile source emissions, and development of TCMs. The MPO will develop mobile source emissions 

projections and evaluate them in relation to mobile source emissions budgets which are to be included in the 

SIP. The MPO in consultation with other affected agencies will develop TCMs if needed to demonstrate either 

attainment or maintenance of the federal National Ambient Air Quality Standards (NAAQS). The MPO is 

responsible for analyzing the mobile source emissions effects of the LRTP and TIP. The MPO will make 

conformity demonstrations for LRTPs and TIPs as required by the federal CAA and state law. 

The MPO provides coordination, advice, consultation, and cooperation to MPCA, MnDOT, EPA, FHWA and Local 

Public Transit Agencies during the course of the development of transportation plans, TIPs, and conformity 

determinations. Prior to formal adoption or publication, the MPO provides the affected agencies with draft 

documents and supporting materials. The MPO provides final documents and supporting information to each 

affected agency after approval or adoption. Each MPO actively coordinates with the other agencies during the 

transportation planning process. 

Meetings are scheduled on a regular basis through technical advisory committees and regional planning 

commission meetings. In addition, meetings are accommodated when necessary and when other MNIAQTPC 

agencies request them. 

(6) Minnesota Local Public Transit Agencies. 

Local public transit agencies, although not parties to this MOA, customarily attend all MIC's meetings. The Local 

Public Transit Agency is responsible for supporting and conducting transportation planning activities for public 

transportation service, and for providing transit operations to accommodate local and regional connectivity 

goals. The Local Public Transit Agency, the MPO, and MnDOT customarily coordinate with one another, as 

applicable, to identify transit projects and impacts. 

7 
INTERAGENCY COLLABORATION 

(1) Open Dialogue 

MPCA, MnDOT, FHWA/FTA, EPA, and the MPOs will engage in an open dialogue through collaborative 

participation in the planning processes of other affected agencies. Interagency participation will strengthen the 

relationships between agencies by establishing each as a planning partner with an investment in the entire 

planning perspective. 

(2) SIP Development Process 

MPCA will include the relevant MPOs and MnDOT in its SIP development process from the beginning by working 

with MNIAQTPC. This inter-agency workgroup helps in addressing any concerns of the transportation 

community. The purpose of MNIAQTPC is to provide a forum to build consensus; in order to achieve this goal, 

the MNIAQTPC group will meet on a regular basis or as needed to resolve issues. Transportation agencies will 

also participate in the general meetings and consultations that MPCA undertakes for all stakeholders and 

interested parties during SIP development. Through this cooperative planning process, MPCA will establish the 

Motor Vehicle Emissions Budgets ("MVEBs") specified in the SIP. 

(3) Transportation Planning Process 

MnDOT and the MPOs will involve MPCA in their respective transportation planning process that produces 

LRTPs and TIPs. The MPOs and MnDOT will design transportation plans that conform to the goals and objectives 

of the CAA and the MVEBs specified in the SIP. MPCA will provide an air quality perspective to the transportation 

planning process by participating in MPO and MPCA technical and policy meetings. With consultation and 

cooperation by MPCA, the MPO and MnDOT will assess and develop the long-range mobile source emission 

budgetary needs of the urban and/or rural non-attainment areas that maintain and promote the CAA goals and 

support the economic, demographic, and healthy quality of life in the area. MPCA will also provide consultation 

regarding the development of mobile source emissions budgets, but does not make transportation planning 

decisions. 

E. INTERAGENCY CONSULTATION PROCESS 

(l)Specific Processes 

The interagency consultation processes involving MPCA, MnDOT, EPA, FHWA/FTA,MPOs and Local Public Transit 

Agencies require that these agencies coordinate, advise, consult, and cooperate to address the following issues 

(see 40 CFR § 93.105(c) for the paragraphs referenced below). 

(a) Emissions Models and Methods 

The MPO (or MnDOT, for non-attainment and maintenance areas not included in an MPO) is the lead 

agency for developing transportation and vehicle activity assumptions to be used in transportation plans 

and regional emissions analyses. The MPO will develop travel characteristics with input from local 

jurisdictions, Local Public Transit Agencies, and MnDOT. The MPO (or MnDOT, for non-attainment and 

maintenance areas not included in an MPO) is responsible for mobile source emissions estimates or 

conformity determinations using the latest motor vehicle emissions model designated or approved by 

EPA. MPCA is the lead agency for documenting meteorological conditions, fuel specifications, and 

program settings to be used in hot spot and regional air quality conformity analyses. MPCA will 

document meteorological conditions in consultation with EPA during the SIP development process. The 

models and applicable guidance documents or methodologies to be used for hot spot analyses are 

selected by EPA in collaboration with FHWA/FTA. 

(b) Regionally Significant Projects and Changes 

The MPO (or MnDOT, for non-attainment and maintenance areas not included in an MPO) is the lead 

agency to identify regionally significant projects and significant changes to project design concept or 

scope. Through the consultation process, the MNIAQTPC will make a determination of which minor 

arterials and other transportation projects should be considered "regionally significant" projects, and 

which projects may have undergone a significant change in design concept or scope since the previous 

8 
TIP or LRTP was approved. As traffic conditions change in the future, the MPOs, in consultation with 

MPCA, MnDOT, FHWA, and EPA (and Local Public Transit Agencies and FTA in cases involving transit 

facilities) will consider: 1) the relative importance of minor arterials serving major activity centers, and 

2) the absence of principal arterials in the vicinity to determine if any minor arterials should be 

considered as regionally significant for purposes of regional emissions analysis. Changes to regionally 

significant projects may or may not necessitate a new regional emissions analysis. Representatives from 

MPCA, MPOs, MnDOT, Local Public Transit Agencies, FHWA, FTA, and EPA will meet through MNIAQTPC 

to develop guidelines that identify significant changes in project design and scope for regionally 

significant projects. Project changes not addressed by the guidelines to be developed will be decided on 

a case by case basis through consultation by MNIAQTPC. The definition for regionally significant project, 

process for amending TIP and long-range plans will be addressed in the Handbook for Transportation 

and Air Quality professionals planned to be updated by MNIAQTPC. 

(c) Exempt Project Emissions 

The MPO (or MnDOT, for non-attainment areas not included in an MPO) is the lead agency for 

evaluating whether projects otherwise exempted from meeting the requirements of 40 CFR §§ 93.126 

and 93.127 should be treated as non-exempt in cases where potential adverse emissions impacts may 

exist for any reason. 

(d) Transportation Control Measures Delays and Substitutes 

The MPO (or MnDOT, for non-attainment areas not included in an MPO) is the lead agency for tracking 

the implementation of TCMs and making a determination, required by 40 CFR § 90.113(c) (1), whether 

past obstacles to implementation of TCMs that are behind the schedule established in the applicable SIP 

have been identified and are being overcome, and whether state and local agencies with influence over 

approvals or funding for TCMs are giving maximum priority to approval or funding for TCMs. The MPO 

will consider whether delays in TCM implementation necessitate revisions to the applicable SIP to 

remove a TCM or substitute a TCM or other transportation-related emission reduction measure. 

(e) Exempt Project Revisions 

The MPO (or MnDOT, for non-attainment areas not included in an MPO) is the lead agency for 

notification to affected agencies of any transportation plan or TIP revisions or amendments that merely 

add or delete exempt projects listed in 40 CFR §§ 93.126 or 93.127. 

(f) Rural Non-Attainment Areas 

MnDOT is the lead agency for selecting conformity tests and methodologies required in isolated rural 

non-attainment and maintenance areas under 40 CFR § 90.109(g)(2)(iii). 

(2) Consultation: Triggers and Jurisdictions 

The interagency consultation processes involving the MPCA, MnDOT, FHWA/FTA, EPA, MPOs and Local Public 

Transit Agencies require that these agencies coordinate, advise, consult and cooperate to address the following 

issues: 

(a) Conformity Triggers 

The MPO (or MnDOT, for non-attainment areas not included in an MPO) is the lead agency responsible 

for evaluating events that will trigger new conformity determinations in addition to those triggering 

events identified in 40 CFR § 93.104. 

(b) Multiple Jurisdictions 

MnDOT is the lead agency responsible for consultation on procedures for em1ss1ons analysis for 

transportation activities that cross the borders of MPOs, non-attainment areas or air basins. 

(3) "Donut" Areas 

The MPOs and MnDOT will consult in situations where the metropolitan planning area does not include the 

entire non-attainment or maintenance area to establish cooperative planning and analysis concerning 

9 
conformity determinations of all projects in the nonattainment or maintenance area but outside the MPO 

planning area. 

(4) Locally Funded Regionally Significant Projects 

The MPOs and MnDOT will consult with local units of government and public transit agencies to identify all 

regionally significant transportation projects to be included in the TIP, regardless of whether the projects are 

federally or locally funded. The procedures established by MnDOT and the MPOs to regularly update and amend 

the TIP ensure that the plans for the construction of regionally significant projects are disclosed to the MPOs on 

a regular basis, and that any changes to those plans are immediately disclosed. 

{5) Project Details 

The MPOs and MnDOT will consult as needed to determine in sufficient detail the design and scope of proposed 

projects identified in the preceding paragraph to allow for a proper regional emissions analysis under 40 CFR 

§ 93.122 in the event that the project sponsors have not yet identified these features. 

(6) Travel Model Development 

The MPOs and MnDOT will consult as needed on the design, schedule, funding of research, data collection 

efforts, and regional transportation model development by the MPO. 

(7) Document Distribution 

The lead agencies will distribute final documents and supporting materials to all agencies identified in Section C, 

Transportation Conformity Consultation, after approval or adoption. 

F. CONFLICT RESOLUTION PROCESS 

Historically in Minnesota, the interagency cooperation and adopted processes included in this MOA have 

resulted in most concerns or conflicts over conformity being resolved through consultations within the 

Interagency Committee, minimizing the need for a conflict resolution process. However, as established in 40 CFR 

§ 93.105(d), should the MNIAQTPC not be able to resolve such conflicts between the MPCA, MnDOT and the 

MPOs during routine consultation and/or negotiation, the following procedures will apply: 

1. The MNIAQTPC will prepare and agree to a statement of the nature of the conflict. 

2. Staff of the affected agencies (MPCA, MnDOT, and affected MPO) will meet in a good faith effort to 

resolve the conflict in a manner acceptable to all parties. 

3. If the staff is unsuccessful, the Commissioners of MPCA and MnDOT, the Executive Directors of the 

affected MPOs, or their designees, and all other parties to the conflict shall meet to resolve differences 

in a manner acceptable to all parties. 

At any step, consensus of the MPCA, MnDOT and affected MPO representatives shall be considered to have 

resolved the conflict. 

In step three, MPCA, MnDOT, and the affected MPO shall make every effort to resolve differences, including 

personal meetings between the heads of the MPCA, MnDOT, and the MPO or their policy-level representatives. 

After this process is completed (the parties have reached consensus or determined that consensus is not 

possible) MnDOT or the MPO shall notify the Commissioner of the MPCA of the proposed conformity 

determination (or policy decision), including their response to and resolution of the MPCA's comments. If a 

consensus has been reached, the letter of notification shall document that consensus. 

If the process has not resulted in consensus, the letter shall notify the MPCA that either party (MnDOT or the 

MPO) plans to proceed with its conformity decision or policy that is the source of the conflict. The MPCA shall 

have 14 calendar days after receipt of the letter to appeal the proposed determination of conformity (or other 

policy decision under this rule) to the Governor. 

If the MPCA appeals to the Governor, the final conformity determination must have the concurrence of the 

Governor. The MPCA must provide notice of any appeal under this subsection to the MPO and MnDOT. If the 

10 
MPCA does not appeal to the Governor within 14 days, the MPO or MnDOT may proceed with the final 

conformity determination. The Governor may delegate his or her role of hearing any such appeal under this 

subsection and of deciding whether to concur in the conformity determination to another official or agency 

within the state, but not to the Commissioner or staff of the MPCA, MnDOT, or the Executive Director or staff of 

an MPO. 

G. PUBLIC CONSULTATION PROCEDURES 

When making a conformity determination, the MPO (or MnDOT, for non-attainment areas not included in an 

MPO) has established and will continue to implement a proactive public involvement process which provides 

opportunity for public review and comment prior to taking formal action on a conformity determination for all 

transportation plans and TIPs, consistent with the requirements of 23 CFR § 450.316(a), Interested Parties, 

Participation, and Consultation, 40 CFR §§ 93.105(e), Public consultation procedures, 93.112, Criteria and 

Procedures: Consultation, and 49 CFR § 7.43, Fee Schedule. 

Additionally, as part of the continuing public involvement process, the MPO (or MnDOT, for non-attainment 

areas not included in an MPO) will specifically address in writing all public comments that known plans for a 

regionally significant project which is not receiving FHWA or FTA funding or approval have not been properly 

reflected in the emissions analysis supporting a proposed conformity finding for a transportation plan or TIP. 

These agencies shall also provide opportunity for public involvement in conformity determinations for projects 

where otherwise required by law. The MPO shall notify the public of any MPCA letter of comment for air quality 

conformity before the plan or TIP document is scheduled for public comments. 

H. TRANSPORTATION CONTROL MEASURES 

As specified in 40 CFR § 93.122 (a)(4)(ii), the conformity SIP must provide that written commitments from the 

responsible agency must be obtained prior to a conformity determination for any transportation control 

measures which are not included in the MPO's LRTP or TIP. The written commitments, as defined in 40 CFR § 

93.101, Definitions, must be fulfilled, and should address funding and implementation schedule issues 

consistent with the control measure. This provision applies to control measures not regulated by the state if 

these measures are used to claim emissions reductions as part of the conformity determination. 

I. PROJECT LEVEL MITIGATION MEASURES 

As specified in 40 CFR § 93.125(c), Enforceability of Design Concept and Scope and Project-Level Mitigation and 

Control Measures, written commitments, as defined in 40 CFR § 93.101, Definitions, must be obtained from the 

project sponsor for any transportation project-level mitigation or control measures identified as conditions for 

NEPA process completion, and necessary for a positive project level conformity determination (which may 

include a hot-spot analysis). 

Project sponsors must comply with such commitments. Mitigation measures directed at reducing project related 

construction emissions (such as a dust control plan) but not specifically identified as necessary for a positive 

project-level (or "Hot Spot") conformity finding, do not require written commitments. 

J. MODIFICATION OF THE MOA 

Any of the Participating Agencies may propose a revision to the MOA, and request that representatives of the 

agencies meet to consider such a revision. This MOA adopts by reference the cited provisions of the Minnesota 

Statutes, the United States Code and Code of Federal Regulation as they exist on the date this MOA is fully 

executed, but the intent of the parties is to comply with any subsequent mandatory changes to the extent 

practicable and permitted by law. Opportunity shall be given for public comments on any revision which 

proposes a significant change in conformity analysis procedures or consultation procedures. The Transportation 

Conformity portion of the SIP will be revised to reflect any significant changes to this MOA. Such changes shall 

be subject to the SIP revision requirements of 40 CFR §§ 51.102, 51.104, and 51.105. 

11 
K. General Provisions 

(1) The Recitals are incorporated herein and made part of this MOA. 

(2) At Attachment A which is incorporated herein and made a part of this MOA are Definitions applicable to 

this MOA. 

(3) Terms used but not defined in this MOA shall have the meaning given to them by the CAA, Title 23 and 

Title 49 United States Code, 40 CFR § 93.101, other EPA regulations, or other USDOT regulations, in that 

order of priority. 

(4) Regulatory citations herein shall refer to the version of the rule in effect at the time the subject activity 

was initiated. As new federal regulations affecting transportation planning and air quality are created in the 

future, the Transportation Conformity SIP will be updated as necessary. 

(5) This MOA is not intended to, nor shall it; vest any rights in persons who are not parties to this MOA. The 

obligations and responsibilities contained in this MOA are subject to the availability of funding, and are 

intended for guidance of the parties. They may not serve as the basis for any third party challenges or 

appeals. 

(6) Modification of this MOA must be in writing and upon approval of the Parties to the MOA. 

(7) If a Party intends to withdraw from this MOA, such withdrawal must be in writing with at least thirty (30) 

days advance notice. 

(8) This MOA may be executed in counterparts. A copy with all original executed signature pages affixed 

shall constitute the original MOA. The date of execution shall be the date of the last Party's signature. 

12 
IN WITNESS WHEREOF, the parties to this MOA have executed this agreement intending to be bound by it. 

APPROVED BY: 

For the Federal Highway Administration: 

fo�!.� · 

Derrell Turner, Division Administrator 

For the Federal Transit Administration: 

Marisol Simon, Regional Administrator 

For the U.S. Environmental Protection Agency: 

Susan Hedman, Regional Administrator 

For the Metropolitan Council: 

Pat Born, Regional Administrator 

For Metropolitan Interstate Council: 

Ron Chicka, Director 

For Minnesota Department of Transportation: 

Date 

c; - ll � Zo t4-

Date 

(Date) 

1· 7-.'L • 'LD ttl 

Date 

Date 

9 -36 -fl.( 

Date 

13 
For the Minnesota Pollution Control Agency: 

Date r 1 

• ' '

. t 

14 
Attachment A: DEFINITIONS 

• CAA-The Clean Air Act, as amended in 1990. 

• Conformity Determination- Formal findings of conformity. The MPO makes a formal conformity 

determination on transportation plans and TIPs. U.S. DOT then performs an independent review and 

makes a separate formal determination (referred to as a final determination in this document) 

• U.S. DOT- United States Department of Transportation 

• FHWA- Federal Highway Administration- a division of U.S. DOT 

• FTA- Federal Transit Administration- a division of U.S. DOT 

• Interagency Committee- The committee discussed in this SIP revision, whose prime responsibility is 

to serve as a unit, along with the MPOs, through which Minnesota implements the organizational 

level of regular consultation on transportation conformity 

• Lead Agency - Lead agency means the agency that bears prime responsibility for initiating and/or 

implementing an action discussed in any paragraph of this SIP revision 

• MAP- 21- Moving Ahead for Progress in the 21 Century Act. Is a funding and authorization bill to 

govern United States federal surface transportation spending. The bill was signed by president 

Obama on July 6, 2012. 

• Metropolitan Council (Met Council, Council)- Regional transportation planning agency and MPO for 

the Minneapolis-St. Paul Metropolitan Area. 

• Metropolitan Interstate Council (MIC)- Regional transportation planning agency and MPO for 

Duluth-Superior 

• MnDOT- Minnesota Department of Transportation; the state transportation agency 

• MPCA - Minnesota Pollution Control Agency (MPCA) means the state agency and the staff of said 

agency authorized to adopt air pollution standards and regulate air pollution throughout the state, as 

discussed in this SIP revision 

• MPO- Metropolitan planning organization means that organization designated as being responsible, 

together with the state, for conducting the continuing, cooperative, and comprehensive planning 

process under 23 U.S.C. § 134 and 49 U.S.C. § 5303. It is the forum for cooperative decision-making 

• NAAQS- National Ambient Air Quality Standards 

• NEPA- The National Environmental Policy Act of 1969, as amended (42 U.S.C. § 4321 et seq.) 

• Project- A solution to a transportation problem or need. Types of projects include constructionhighways, transit, bikeway, or walkways; management-signal systems, transportation management; 

rideshare, other inclusive transportation enhancement projects, and historic preservation 

• Regionally Significant Project- a transportation project (other than an exempt project) that is 

on a facility which serves regional transportation needs (such as access to and from the area 

outside of the region, major activity centers in the region, major planned developments such 

as new retail malls, sports complexes, etc., or transportation terminals as well as most 

terminals themselves) and would normally be included in the modeling of a metropolitan 

area's transportation network, including at a minimum all principal arterial highways and all 

15 
fixed guideway transit facilities that offer an alternative to regional highway travel. A project is 

generally considered regionally significant in the Twin Cities maintenance area if it adds one or more 

travel lanes for over one mile, it involves the addition of an interchange, or it involves the 

,}JJ 

reconfiguration of an interchange such that a movement is added or eliminated 

• Seven County Metropolitan Area- For transportation conformity purposes consists of the entirety 

of Hennepin, Ramsey, and Anoka counties, and parts of Dakota, Scott, Carver, and Washington 

counties 

• SIP- State Implementation Plan-a federally required planning document prepared and maintained 

by the MPCA. It identifies state actions and program to implement designated responsibilities under 

the Clean Air Act 

• STIP- State Transportation Improvement Program-A compendium of all surface transportation 

projects inclusive of all MPO TIPs developed pursuant to 23 CFR 450 § 450. The STIP is submitted to 

U.S. DOT 

• TCM- Transportation Control Measure -any measure that is specifically identified and committed to 

in the applicable implementation plan that is either one of the types listed in § 108 of the CAAA, or 

any other measure for the purpose of reducing emissions or concentrations of air pollutants from 

transportation sources by reducing vehicle use or changing traffic flow or congestion conditions 

• TIP- Transportation Improvement Program-A multiyear intermodal program of transportation 

projects covering a metropolitan planning area consistent with the long range transportation plan 

and developed pursuant to 23 CFR 450 § 450 

• Transportation Plan- A long-range metropolitan developed by an MPO pursuant to 23 CFR 

§ 450.322 

16 
Minnesota Pollution Control Agency 

Environmental Analysis and Outcomes Division 

Public Notice of Proposed State Implementation Plan Revision 

NOTICE IS HEREBY GIVEN that the Commissioner of the Minnesota Pollution Control Agency (MPCA) has 

determined that a State Implementation Plan (SIP} revision must be submitted to meet Minnesota's transportationrelated emissions conformity requirements of the federal Clean Air Act ("CAA'

'), 42 U.S. C. § 7506(c); the Federal Aid 

Highway Act, 23 U.S.C. § 109(j}; 49 U.S.C. ch. 53; related provisions of the federal Moving Ahead for Progress in the 21'1 

Century Act ("MAP-21"), Pub. L. No 112-141 including, but not limited to, §§ 1113 (amending 23 U.S.C. § 149(b), 1201-

1203 (amending 23 U.S.C. §§ 134, 135 & 150}, and 20005-20006 (amending 49 U.S. C. §§ 5303 & 5304}, 126 Stat. 460-

464, 500-526, & 628-652 (2012) and the implementing regulations of U.S. Environmental Protection Agency at 40 CFR 

parts 51 and 93 (2012}, the Federal Highway Administration at 23 CFR part 450 (2013} and the Federal Transit 

Administration at 49 CFR part 613 (2012). The draft SIP revision is now available for public comment. 

Background. The Clean Air Act Amendments of 1990 require that each state develop a plan to ensure that 

federally supported transportation projects, programs, and plans conform to the air quality state implementation plans 

(SIP} required under section 110 of the Clean Air Act. Conformity to the purpose of the SIP means that transportation 

activities will not cause or contribute to new air quality violations. 

The conformity requirement applies to areas that are designated as "nonattainment" and those that have been 

redesignated to "attainment" (known as maintenance areas) for several transportation-related pollutants. Minnesota 

currently is subject to the conformity requirement in two maintenance areas for carbon monoxide- Twin Cities and 

Duluth-Superior. 

The U.S. Envi�onmental Protection Agency (EPA) issued transportation conformity rules in 1993, and has 

subsequently amended those rules in 1995, 1997, 2005, and 2008. The transportation rules are codified at 40 CFR §93. 

Under the 2008 amendments, states are required to address in their SIPs three specific portions for the federal 

conformity rule: 

• 40 CFR §93.105, which addresses consultation procedures 

• 40 CFR §93.122(a)(4}(ii), which addresses written commitments to control measures that are not included in a 

metropolitan planning organization's Transportation Plan and Transportation Improvement Program that must 

be obtained prior to a conformity determination and the requirement that such commitments must be fulfilled 

• 40 CFR §93.125(c), which addresses written commitments to mitigation measures that must be obtained prior 

to a project-level conformity determination and the requirement that project sponsors must comply with such 

commitments 

This SIP revision is intended to address these conformity requirements by formalizing practices and procedures 

already followed by the Minnesota Interagency Air Quality & Transportation Planning Committee. 

Purpose of the SIP revision. Minnesota is addressing these requirements in the SIP through 2014 Memorandum 

of Agreement {MOA) Regarding Determination of Conformity of Transportation Plans, Programs, and Projects to SIPs. 

The MOA is a new agreement between the MPCA, EPA, Federal Highway Administration, Federal Transit Administration, 

Minnesota Department of Transportation, and the Minnesota Metropolitan Planning Organizations located in the state's 

maintenance areas, e.g. The Metropolitan Council and the Metropolitan Interstate Council. It is to be used for 

determining the conformity of the Minneapolis-St. Paul and Duluth-Superior Metropolitan Area Transportation Plans 

and Transportation Improvement Programs with the State of Minnesota's air quality plans and procedures. The MPCA 

proposes that EPA approve the MOA for incorporation into Minnesota's SIP. 

This MOA defines the practices and procedures the parties intend to follow in determining transportation 

conformity. It provides a means for the responsible agencies to formally adopt and implement transportation conformity 

in Minnesota. The MOA formalizes practices and procedures already being followed by the Minnesota Interagency Air 
Quality & Transportation Planning Committee. This MOA therefore constitutes the Transportation Conformity SIP for the 

State of Minnesota, as required by the Clean Air Act. 

The MPCA will consider changing the contents of the proposed SIP revision based on comments received during 

the comment period. Following the end of the comment period, the Commissioner will decide whether to submit the 

proposed .SIP revis'ion to the EPA t.fnl'ess, as provided by Minn. Stat. § 116.02, the MPCA Citizens' Board makes this 

. . :i�·��· ' ·1 • deCISIOn. . ,' , : .. , 

MPCA contact person,.l;he ¥.PCA contact person is Innocent Eyoh. Written comments, requests, and petitions 

should be mailed to: Innocent Eyoh, Minnesota Pollution Control Agency, Environmental Analysis and Outcomes 

Division, 520 Lafayette Road North, St. Paul, Minnesota 55155-4194; telephone: 651-757-2347 or toll free 

1-800-657-3864; fax: 651-297-8324; and e-mail: lnnocent.Eyoh@state.mn.us. TIY users may call the MPCA at 

TIY 651-252-5332 or 1-800-657-3864. 

Availability of SIP. A copy of the proposed SIP revision is available on the MPCA's web site at 

http://www.pca.state.mn .us/yrwc6a9. A copy of the proposed SIP revision is also available upon request by contacting 

Innocent Eyoh at 651-757-2347 or l nnocent.Eyoh@state.mn.us, or can be mailed to a·ny irit�rested person,upon the 

MPCA's receipt of a written request. Additional materials relating to the SIP revision are available for insp�ction by 

appointment at the MPCA, 520 Lafayette Road North, St. Paul, Minnesota 55155-4194, between the hours of 8:00 a.m. 

and 4:00 p.m., Monday through Friday. To examine these mat� rials, or for more information, please contact Innocent 

Eyoh. All MPCA offices may be reached by calling 1-800-E/�7-3864. , , · . 

• t"!'; 

Public comment period and potential public meeting. Your comments must be in writing and received by 

Innocent Eyoh by 4:30 p.m. on December 15, 2014. Written comments may 'be submitted to him at the address, 

facsimile number, or e-mail address listed above. '' 

As this SIP revision incorporates practices and procedures that are already in use and does not include any 

substantive changes to the Minnesota's SIP, a public information meeting will only be held if one [? requested by 4:30 

p.m. on December 15, 2014. If such a meeting is requested, it will be held on Tuesday, January 6,,2015 at 10:00 a.m. at 

the MPCA St. Paul Office, 520 Lafayette Road North, St. Paul, Minnesota 55155-4194. To find out if a public information 

meeting will be held, please contact Innocent Eyoh at 651-757-2347 or l nnocent.Eyoh @state.mn .us after December 15, 

2014 at 4:30 p.m. The public information meeting, if one is requested, will provide information, receive public input, and 

answer questions about the proposed SIP revision. If the public information meeting is held, additional written 

comments on the proposed documents will be accepted until 4:30 p.m. on January 21, 2015, following the same 

guidelines described above. 

· -

Request to have MPCA Citizens' Board make decision. You have the right to submit a petition to the MPCA 

Commissioner asking that the MPCA Citizens' Board make the decision on submitting the proposed SIP revision to the 

EPA. Your petition must be in writing and must be received by the MPCA contact person listed above by 4:30 p.m. on 

December 15, 2014. Whether the petition will be granted or denied is at the sole discretion of the MPCA Commissioner. 

The MPCA Citizens' Board will only make the decision on the proposed SIP revision if the MPCA Commissioner grants 

your petition or if an MPCA Citizens' Board member makes a timely request to have the decision made by the MPCA 

Citizens' Board. 
can be disposed ofthrough sale or exchange. The parcel is designated as part of Whitewater Wildlife Manag,ement Area. 

-·n\.� 

It is proposed that this parcel of land be offered for sale by the Department of Nat ural Resources in a private sale to resolve an 

inadvertent trespass. This parcel is no longer needed for resource management purposes. If, after public hearing, the disposal of the land 

is in the public interest, the Commissioner of Natural Resources may vacate the parcel from Wildlife Management Area designation. 

Questions regarding this proposal can be directed to Jodi Dehn at (65 1) 259-5391 or Jodi.M.Delin@state.mn.us . 

. .. 

Dated: 3 N ovember 2014 Kathy A. Lewis, Assistant Director 

Division of Lands and Minerals 

Minnesota Pol lution Control Agency (MPCA) 

Envi ronmental ' Analysis and Outcomes Division 

Public Notice of Proposed State Implementation Plan Revision 

N OTlCE lS HEREBY GIVEN that the Commissioner of the Minnesota Pollution Control Agency (MPCA) has determined that a 

State Implementation Plan (SIP) revision must be submitted to meet Minnesota's transportation-related emissions conformity requirements of the federal Clean Air Act ("CAA''), 42 U.S.C. § 7506(c); the Federal Aid Highway Act, 23 U.S.C. § 109U); 49 U.S.C. ch. 53; 

related provisions of the federal Moving Ahead for Progress in the 21'' Century Act ("MAP-21 "), Pub. L . N o 1 12- 141 including, but not 

limited to, §§ 111 3 (amending 23 U.S.C. § 1 49(b), 1201- 1 203 (amending 23 U.S.C. §§ 1 34, 135 & 1 50), and 20005-20006 (amending 49 

U.S.C. §§ 5303 & 5304), 1 26 Stat. 460-464, 500-526, & 628-652 (201 2) and the implementing regulations of U.S. Environmental 

Protection Agency at 40 CFR parts 51 and 93 (201 2), the Federal Highway Administration at 23 CFR part 450 (2013) and the Federal 

Transit Administration at 49 CFR part 613 (2012). The draft SJ P revision is now available for public comment. 

Backgr��nd. The .Clean· Air Act Amendments of 1 990 require that each state develop a plan to ensure that federally supported 

transportation projects, ·programs, and plans confonn to the air quality state implementation plans (SIP) required under section II 0 of the 

Clean Air Act. Conformity to the purpose of the SIP means that transportation activities will not cause or contribute to new air quality 

violations. 

The conformity requirement applies to areas that are designated as "nonattainment" and those that have been redesignated to "attainment" (known as maintenance areas) for several transportation-related pollutants. Minnesota currently is subject to the conformity 

' 

requirement in two maintenance areas for carbon monoxide - Twin Cities and Duluth-Superior. 

The U.S. Environmental Protection Agency (EPA) issued transportation conformity rules in 1 993, and has subsequently amended 

those rules in 1 995, 1 997, 2005, and 2008. The transportation rules are codified at 40 CFR §93. 

Under the 2008 amendments, states are required to address in their SIPs three specific portions for the federal conformity rule: 

40 CFR §93.105, which addresses consultation procedures 

40 CFR §93.122(a)( 4)(ii), which addresses written commitments to control measures that are not included in a metropolitan 

planning organization's Transportation Plan and Transportation Improvement Program that must be obtained prior to a 

conformity determination and the requirement that such commitments must be fulfilled 

40 CFR §93 .125( c), which addresses written commitments to mitigation measures that must be obtained prior to a projectlevel contonnity determination and the requirement that project sponsors must comply with such commitments 

This SIP revision is intended to address these conformity requirements by fom1alizing practices and procedures already fol lowed by 

the Minnesota Interagency Air Quality & Transportation Planning Committee. 

Purpose ofthe SIP revision. Minnesota is addressing these requirements in the SIP through 20 I 4 Memorandum of Agreement (MOA) 

Regarding Determination of Conformity ofT!·ansportation Plans, Programs, and Projects to SIPs. The MOA is a new agreement between 

Page 664 Minnesota State Register, Monday 10 November 2014 (Cite 39 SR 664) 
Official Notices 

the MPCA, EPA, Federal Highway Administration, Federal Transit Administration, Minnesota Department of Transportation, and the 

Minnesota Metropolitan Planning Organizations located in the state's maintenance areas, e.g. The Metropolitan Council and the Metropolitan Interstate Council. It Is to be used for detennining the conformity of the Mirmeapolis-St. Paul and Duluth-Superior Metropolitan 

Area Transportation Plans and Transportation Improvement Programs with the State of Minnesota's air quality plans and procedures. 

The MPCA proposes that EPA approve the MOA for incorporation into Minnesota's SIP. 

This MOA defines the practices and procedures the parties intend to follow in detennining transportation conformity. It provides a 

means for the responsible agencies to formally adopt and implement transportation conformity in Minnesota. The MOA formalizes 

practices and procedures already being fol lowed by the Minnesota Interagency Air Quality & Transportation Planning Committee. This 

MOA therefore constitutes the Transportation Confonnity SIP for the State of Minnesota, as required by the Clean Air Act. 

The MPCA will consider changing the contents of the proposed SIP revision based on comments received during the comment period. 

Following the end of the comment period, the Commissioner will decide whether to submit the proposed SIP revision to the EPA unless, 

as provided by Minnesota Statutes § 1 1 6.02, the MPCA Citizens' Board makes this decision. 

MPCA contact pet·son. The MPCA contact person is Innocent Eyoh. Written comments, requests, and pet{tions should be mailed to: 

Innocent Eyoh, Minnesota Pollution Control Agency, Environmental Analysis and Outcomes Division, 520 Lafayette Road North, St. 

Paul, Minnesota 55 1 55-4 I 94; telephone: ( 65 1 )757 -234 7 or toll free : 1-800-657 -3864; fax: ( 65 I) 297 -8324; and e-mail: 

Innocent.Eyoh@state.mn.us. TTY users may call the MPCA at TTY (65 1) 252-5332 or 1 -800-657-3864. 

Availability of SIP. A copy of the proposed SIP revision is available on the MPCA's web site at http://www.pca.state.mrl.us!yrwc6a9. 

A copy of the proposed SIP revision is also avail able upon request by contacting I nnocent Eyoh at (65 I) 757-2347 or 

Innocent.Eyoh@state.mn.us, or can be mailed to any interested person upon the MPCA's receipt of a written request. Additional 

materials relating to the SIP revision are available for inspection by appointment at the MPCA, 520 Lafayette Road North, St. Paul, 

Minnesota 551 55-4194, between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. To examine these materials, or for more 

information, please contact Innocent Eyoh. All MPCA offices may be reached by calling 1 -800-657-3864. 

Public comment pel'iod and potential public meeting. Your comments must be in writing and received by 

Innocent Eyoh by 4:30 p.m. on December 1 5, 20 I 4. Written comments may be submitted to him at the address, facsimile number, or email address listed above. 

As this SIP revision incorporates practices and procedures that are already in use and does not include any substantive changes to the 

Minnesota's SIP, a public information meeting will only be held if one is requested by 4:30 p.m. on D ecember 15, 2014. If such a meeting 

is requested, it will be held on Tuesday, January 6, 2015 at I 0:00 a.m. at the MPCA St. Paul Office, 520 Lafayette Road North, St. Paul, 

Minnesota 55 1 55-4194. To find out if a public information meeting will be held, please contact Innocent Eyoh at (65 1) 757-2347 or 

Innocent.Eyoh@5tate.mn.us after December 15, 2014 at 4:30 p.m. The public information meeting, if one is requested, will provide 

information, receive public input, and answer questions about the proposed SIP revision. If the public information meeting is held, 

additional written comments on the proposed documents will be accepted until 4:30 p.m. on January 21, 2015, fol lowing the same 

guidelines described above. 

Request to have MPCA Citizens' Boat·d make decision. You have the right to submit a petition to the MPCA Commissioner asking 

that the MPCA Citizens' Board make the decision on submitting the proposed SIP revision to the EPA. Your petition must be in writing 

and must be received by the MPCA contact person listed above by 4:30 p.m. on December 15, 2014. Whether the petition will be granted 

or denied is at the sole discretion of the MPCA Commissioner. The MPCA Citizens' Board will only make the decision on the proposed 

SIP revision if the MPCA Commissioner grants your petition or if an MPCA Citizens' Board member makes a timely request t<> have the 

decision made by the MPCA Citizens' Board. 

(Cite 39 SR 665) Minnesota State Register, Monday 10 November 2014 Page 665