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1

Georgia Interagency Consultation, Enforcement, and Enforceability Procedures

for the

Determination of the Conformity of Metropolitan Planning Organization Plans,

Programs, and Projects

This manual describes the Interagency Consultation, Enforcement, and Enforceability

requirements of Georgia's Transportation Conformity Rule (Rules for Air Quality Control, Chapter

391-3-1-.15). In accordance with the requirements of Clean Air Act (CAA) Section 176 (c)(4)(E), it

delineates the state-specific transportation conformity processes to be followed in current and

future Georgia nonattainment and maintenance areas by Metropolitan Planning Organizations,

publicly-owned transit agencies, the state environmental and transportation agencies, the

Executive Office of the Governor, the Federal Highway Administration, the Federal Transit

Administration, and the U.S. Environmental Protection Agency.

(1) Consultation

(a) Definitions

These terms have the meaning given for the purpose of this manual:

1. "Conformity to an implementation plan," as defined in the Clean Air Act (CAA),

means conformity to an implementation plan's purpose of eliminating or reducing

the severity and number of violations of the national ambient air quality standards

and achieving expeditious attainment of such standards; and that Federal activities

will not cause or contribute to any new violation of any standard in any area;

increase the frequency or severity of any existing violation of any standard in any

area; or delay timely attainment of any standard or any required interim emission

reductions or other milestones in any area.

2. "Project Sponsor" -- a public agency that proposes the construction of a

transportation project, or includes the transportation project on behalf of another

public or private party, by including the project in a plan, plan amendment, land

development regulation, work program, capital improvement program, capital

improvement element, development order or other permit, pursuant to law.

3. "Transportation-Related SIP Revision" -- a state implementation plan revision that

establishes or revises requirements that could impact motor vehicle emissions

budgets or mobile (transportation) sources.

(b) Interagency Consultation Parties

For purposes of regular consultation, the participating agencies shall include:

1. Metropolitan Planning Organizations (MPOs) in nonattainment or maintenance

areas;

2. Georgia Department of Transportation (GDOT);

3. Georgia Environmental Protection Division (EPD);

4. Georgia Regional Transportation Authority (GRTA), where applicable;

5. Publicly-owned transit agencies;

6. Federal Highway Administration (FHWA);

7. Federal Transit Administration (FTA); and

8. Environmental Protection Agency (EPA).
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The current list of interagency consultation parties is included in Appendix A. The specific

interagency consultation parties to which this manual applies are subject to change as

nonattainment and maintenance areas are added, removed, or revised through federal

rulemaking procedures. When additional nonattainment areas are added or removed,

EPD will update the list of consultation parties, in writing to, EPA and make available to

interested parties upon request.

(c) Organizational Level of Regular Consultation

For purposes of regular consultation, organizational representation shall be defined as

follows:

1. MPO: Executive Director or designee;

2. GDOT: Commissioner or designee;

3. EPD: Director or designee;

4. GRTA: Executive Director or designee;

5. Publicly-owned transit agencies: General Manager or designee;

6. FWHA: Division Administrator or designee;

7. FTA: Director of Office of Program Development or designee; and

8. EPA: Regional Administrator or designee.

(d) Roles and Responsibilities of Federal, State and Local Agencies in the Conformity

Determination Process

1. Federal Highway Administration (FHWA) and Federal Transit Administration (FTA)

The FHWA and the FTA are responsible for providing guidance and technical

expertise to the MPO and GDOT on metropolitan planning (23 CFR Part 450),

conformity (40 CFR Parts 51 and 93, 23 CFR Part 771), project funding, NEPA (40

CFR Part 1500-1508) and other federally-mandated requirements and programs.

The FHWA and the FTA receive regional transportation plans (RTPs),

transportation improvement programs (TIPs), and conformity determinations from

the MPO. After consulting with EPA, the FHWA and the FTA will make a

conformity determination finding on these documents. If the conformity

determination is unacceptable, the FHWA and the FTA will notify the MPO and

GDOT and will ask the MPO to resolve the issues which make the determination

unacceptable. The FHWA and the FTA are also responsible for the approval of the

Georgia Statewide Transportation Improvement Program (STIP) that incorporates

the approved conforming TIP prior to approval of federal project funding.

2. United States Environmental Protection Agency (EPA)

For purposes of transportation conformity the EPA will:

(i) provide guidance on conformity criteria and procedures to agencies in

interagency consultation;

(ii) provide emissions model and emissions inventory development assistance

to EPD, GDOT and MPOs;

(iii) review motor vehicle emissions budgets in submitted SIPs and find them

adequate or inadequate based on adequacy criteria and procedures;
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(iv) approve or disapprove submitted SIP revisions, including any transportation

control measures (TCMs); and

(v) provide comments on the regional emissions analyses and conformity

determinations of transportation plans, TIPs, and projects in nonattainment

and maintenance areas.

3. Metropolitan Planning Organizations (MPOs)

The MPOs in nonattainment and/or maintenance areas are responsible for the

continuing, cooperative, and comprehensive metropolitan planning process

required by title 23 U.S.C. 134. This section provides for the designation,

apportionment, authority, responsibilities, powers and duties, and organization of

the MPO under federal and state law. MPOs are required to develop an RTP and

TIP consistent with federal law and regulations.

The MPOs are responsible for making conformity determinations on RTPs, TIPs

and projects and for carrying out the duties required by the CAA and other federal

and state laws and regulations.

The Atlanta Regional Commission (ARC), the MPO for all or part of 18 counties in

the Atlanta ozone and PM2.5 nonattainment and/or maintenance areas, develops,

maintains, updates and validates regional transportation demand and network

models and data necessary to apply the latest planning assumptions used in the

regional emissions analysis to determine the conformity of RTPs and TIPs for the

entire Atlanta nonattainment and/or maintenance areas. The ARC, with the

support of GDOT, EPD, GRTA, and applicable counties, also develops the regional

emissions analyses for Atlanta nonattainment and/or maintenance areas.

Elsewhere in the state, GDOT is responsible for these activities.

For purposes of conformity, the MPO:

(i) Develops the RTPs, TIPs and priority project listings;

(ii) Coordinates the development of plans and programs and related conformity

findings with transportation providers, GDOT, GRTA (where applicable),

EPD, publicly-owned transit agencies, citizens, affected parties, and local

governments;

(iii) Develops the RTP and TIP in cooperation with GDOT, GRTA (where

applicable), and publicly-owned transit agencies and transmits the RTP,

TIP and conformity determinations to FHWA, FTA, and EPA;

(iv) Allocates resources each year to accomplish the MPO's conformity-related

planning and administrative activities, including the evaluation of the

emissions impacts of proposed transportation improvements and the

determination of conformity of RTPs and TIPs;

(v) Consults with GDOT and the other interagency consultation parties

regarding regionally-significant facilities and major transportation

investment projects and their impacts on their respective RTPs, TIPs and

the conformity determination process; and
4

(vi) Provides opportunity, consistent with 23 U.S.C. Section 134 and 23 CFR

Part 450, for public review and comment and responds through various

means to all public comments.
5

4. Publicly-owned transit agencies

Publicly-owned transit agencies in nonattainment or maintenance areas support

and conduct, as necessary, transportation planning activities for public

transportation service, including transit operations; provide public transportation

service; and provide support and information on transportation planning activities

to the other consultation agencies. Data provided by these transit agencies may

be used in forecasting travel patterns and conditions.

Specific responsibilities include the following:

(i) Where applicable, assist the MPO (or, outside the Atlanta nonattainment

and maintenance areas, GDOT and/or the MPO, as agreed to by them)

with the preparation and updates of the transit network, and participate in

transportation demand modeling applications;

(ii) Participate in the analysis and evaluation of transportation alternatives in

cooperation with the MPO and/or GDOT;

(iii) Assist the MPO and/or GDOT with public information and involvement

when transportation measures are under consideration;

(iv) Develop and implement transit projects and related transportation projects

which are found to be feasible as a result of the joint transportation-air

quality planning process;

(v) Where applicable, conduct project level hot-spot analyses for transportation

projects and update analyses as needed;

(vi) Work with local governments toward developing and implementing

transportation projects selected for air quality purposes;

(vii) Work with the MPO and/or GDOT on the preparation of the transportation

section of the SIP, including review of the draft document; and

(viii) Obtain project status information and scheduling for projects of regional

significance regardless of funding source in the transit service area.

5. Georgia Department of Natural Resources Environmental Protection Division

(EPD)

EPD has the ultimate responsibility for preparing the State Implementation Plan

and revisions, including both transportation and stationary source provisions. EPD

is the chief air quality agency in the state, and conducts the ongoing air quality

monitoring, emissions inventory development, and data analyses.

Specific responsibilities include the following:

(i) Develop SIPs as necessary to meet CAA requirements;

(ii) Prepare the stationary, area, highway and non-highway mobile source

emissions inventories;
6

(iii) Provide public information on general air quality issues;

(iv) In preparing the SIP, consult with the interagency consultation parties on

the on-road mobile source element, including, if applicable, the motor

vehicle emissions budget(s); and

(v) Consult on emissions budget comparisons.

6. Georgia Department of Transportation (GDOT)

GDOT is the recipient of all federal-aid highway funds in Georgia and also

administers certain FTA funds. GDOT is responsible for construction, operation,

improvement and maintenance of the state transportation system. GDOT also

works with local jurisdictions to program and fund local projects supported by

federal or state dollars. The STIP is prepared by GDOT and is submitted to the

FHWA and FTA for approval. The STIP incorporates MPOs' Governor-approved

TIPs by reference. The TIPs from MPOs in nonattainment and maintenance areas

cannot be included in the STIP until FHWA and FTA, with comments received from

EPA, have made a finding of conformity on each TIP, pursuant to federal law and

regulations. GDOT and several local governments monitor traffic volumes on

major highway facilities through regular traffic counting programs. These data and

information on project implementation are reflected in the MPO's transportation

planning process and models, which GDOT works to support with both staff and

funds.

Specific duties include the following:

(i) Assist the MPO with the preparation and updates of the highway network,

and participate in transportation demand modeling applications; GDOT

takes the lead for the development, maintenance, and application (including

highway mobile source emissions modeling) of the travel demand models

for the urban areas not included in Atlanta nonattainment/maintenance

areas;

(ii) Assist the MPO with the preparation of emissions inventories for highway

mobile sources for any nonattainment or maintenance counties outside the

MPO jurisdiction and provide appropriate inputs (traffic counts, etc.) for the

MPO counties. GDOT shall have the lead in obtaining needed information

from those nonattainment or maintenance counties which are outside the

MPO jurisdiction;

(iii) Participate in the analysis and evaluation of transportation alternatives in

cooperation with the MPO;

(iv) Where applicable, conduct project-level hot-spot analyses for transportation

projects and update analyses as needed;

(v) Take the lead responsibility, as needed, for public information and

involvement in non-MPO counties and work with the MPO(s) on public

information and involvement;

(vi) Work with local governments toward developing and implementing

transportation projects selected for transportation-air quality purposes;
7

(vii) Work with the MPO(s) on the preparation of inputs to the transportation

section of the SIP, including review of the draft document;

(viii) Obtain project status information and scheduling for projects of regional

significance which are state responsibility or receive state funding in

nonattainment or maintenance area counties, regardless of funding source

for any nonattainment or maintenance counties which are outside the MPO

jurisdiction; and

(ix) Develop and implement transportation projects which are found to be

feasible as a result of the joint transportation-air quality planning process.

7. Georgia Regional Transportation Authority (GRTA)

GRTA is the state authority that works to improve mobility, air quality, and land use

practices in Georgia. GRTA’s jurisdiction currently includes the 13-county Atlanta

maintenance area for the one-hour ozone standard. By resolution of its board, GRTA

can expand its jurisdiction to other nonattainment or maintenance areas in the state.

Among other responsibilities, GRTA assists the Governor’s office in developing

transportation policies; helps state and regional agencies prioritize transportation

plans and programs; measures regional effectiveness in improving air quality,

mobility, accessibility and land use practices, and in reducing congestion; encourages

land use practices that promote efficient use of transportation investments; develops

transit plans for areas within its jurisdiction; coordinates transit services to provide

seamless and accessible connections within the areas of its jurisdiction; and

implements transit services through a combination of entities including local transit

authorities, cities, counties and private operators.

For areas within its jurisdiction, GRTA may perform a variety of roles related to

transportation projects and/or air emissions, including but not limited to the following:

(i) May plan, design, acquire, construct, add to, extend, improve, equip, operate,

and maintain or cause to be operated and maintained public transportation

systems and other transportation projects within GRTA's jurisdiction; or which

are included within an approved transportation plan or TIP and provide public

transportation services within GRTA's jurisdiction;

(ii) May provide advisory, technical, consultative, training, educational, and

project assistance services to the state and local government and enter into

contracts with the state and local government to provide such services;

(iii) May coordinate and assist in planning for transportation and air quality

purposes within GRTA's jurisdiction, between and among all state, regional,

and local authorities charged with planning responsibilities for such purposes

by state or federal law, and adopt a regional plan or plans based in whole or

in part on such planning;

(iv) May review and make recommendations to the Governor concerning all

transportation plans and TIPs prepared by GDOT involving design,

construction, or operation of transportation facilities wholly or partly within

GRTA's jurisdiction, and negotiate with GDOT concerning changes or

amendments to such plans which may be recommended by the authority or
8

the Governor consistent with applicable federal law and regulation, and to

adopt such plans as all or a portion of its own regional plans;

(v) May, to the extent permissible under federal law, operate as a receiver of

federal grants, loans, and other moneys intended to be used within GRTA's

jurisdiction for inter-urban and intra-urban transit, public transportation

development, air quality and air pollution control, and other purposes related

to the alleviation of congestion and air pollution;

(vi) Will ensure that any project funded by the authority in whole or in part with

federal-aid funds is included in approved TIPs adopted and approved by

designated MPOs and the Governor and in the transportation plan adopted

and approved by the designated MPO, and is in compliance with the

requirements of relevant portions of the regulations implementing the Clean

Air Act, where required by applicable federal law or regulation;

(vii) May be delegated by the Governor, by executive order, his or her powers

under applicable federal transportation planning and air quality laws and

regulations, including without limitation the power to resolve disputes under

subparagraph (h);

(viii) May assist the MPO or GDOT with the preparation and updates of the transit

model network, and participate in transportation demand modeling

applications;

(ix) May participate in the analysis and evaluation of transportation alternatives in

cooperation with the MPO or GDOT;

(x) May assist the MPO or GDOT with public information and involvement when

transportation measures are under consideration; and

(xi) May work with the MPO, GDOT, EPD, and others as appropriate on the

preparation of the transportation section of the SIP, including review of the

draft document.

(e) Process for Developing State Implementation Plan Revisions

1. Establishing the Need for SIP Revisions

The CAA specifies the applicable implementation plan revisions required to be

submitted by the state to the EPA. EPD shall determine the need for the SIP

revisions based on federal law, regulation and consultation with EPA. EPD shall

identify the nature of the required revision to the SIP, identify the parties that need

to be informed of its requirements, and the parties that must be involved in its

development. For transportation-related SIP revisions, EPD shall advise the MPO,

GDOT, GRTA (where applicable), and publicly-owned transit agencies. EPD shall

be the lead agency for developing the SIP revision. EPD shall coordinate the

development of the SIP revision and be responsible for taking steps to ensure its

timely submittal to EPA. GDOT, GRTA (where applicable), and EPD, as they

become aware of such SIP approvals through interagency contacts or Federal

Register Notices, will seek to inform the affected parties.
9

2. Development Process

The following consultation process is followed when the required SIP revision

primarily involves metropolitan transportation plans and programs:

(i) The EPD in consultation with the MPO (or, outside Atlanta nonattainment

and/or maintenance areas, with GDOT) will update the emissions estimates

for mobile sources in each county as required by the CAA or the SIP.

(ii) Interagency consultation parties shall establish early consultation to

develop the schedule of events necessary to adopt transportation-related

SIP revisions. The MPO (or, for nonattainment areas not included in an

MPO, GDOT) will be the lead agency for developing any TCMs to be added

to the SIP.

(iii) The MPO, GDOT, GRTA (where applicable), publicly-owned transit

agencies, and other affected agencies will assist EPD with the necessary

monitoring, transportation, socio-economic or other data necessary to

develop the proposed transportation-related SIP revision.

(iv) The EPD, in consultation with the MPO, GDOT, GRTA (where applicable),

and publicly-owned transit agencies, shall develop the draft SIP revision

and shall provide drafts for review and comment. The MPO shall be

responsible for providing drafts for review as appropriate to its member

jurisdictions.

(v) Each reviewing agency shall return comments within the time frame

requested by EPD. The EPD shall revise the draft SIP revision based on

comments received and shall document the consultation process and the

response to comments.

3. Submittal Process

(i) EPD schedules and notices the public hearing and follows all steps

necessary to meet the requirements of federal and state laws and

regulations.

(ii) EPD prepares the final SIP revision package and submits the SIP revision

to EPA for action.

4. Action by EPA

EPA shall provide US DOT a review of the SIP revision submittal if required by

federal law, regulation or agreement. Any comments or contacts by EPA regarding

revisions to the Georgia SIP prior to final action shall be directed to EPD. EPD

shall communicate EPA comments to affected parties as needed or appropriate.

Upon final action by EPA, the EPA shall provide informal notification to EPD. EPD

shall disseminate the information to all affected parties. EPA action shall be final

when published in the Federal Register. The EPD shall ensure that the affected

consultation parties are provided copies of the notice.
10

(f) Interagency consultation procedures: General factors

For nonattainment areas not modeled by an MPO, the role of the MPO in the following

consultation procedures will be performed by GDOT.

1.

(i) Representatives of the MPO(s), EPD, GDOT, GRTA (where applicable),

and publicly-owned transit agencies shall undertake an interagency

consultation process in accordance with this manual with each other and

with division or regional offices of EPA, FHWA, and FTA on the

development of the implementation plan, the list of TCMs in the applicable

implementation plan, the transportation plan, the TIP, any revisions to the

preceding documents, and all required conformity determinations.

(ii) The EPD shall be the lead agency responsible for preparing the final

document or decision and for assuring the adequacy of the interagency

consultation process with respect to the development of applicable

implementation plans and control strategy implementation plan revisions.

The MPO shall be the lead agency responsible for preparing the final

document or decision and for assuring the adequacy of the interagency

consultation process with respect to the development of the transportation

plan, the TIP, and any amendments or revisions thereto. The MPO shall be

the lead agency responsible for preparing the final document or decision

and for assuring the adequacy of the interagency consultation process with

respect to any required determinations of conformity for which the MPO is

responsible. The MPO shall be the lead agency responsible for developing

any TCMs to be added to the SIP, for preparing the list of TCMs in the

applicable implementation plan, and for tracking the implementation of the

TCMs.

(iii) In addition to EPD and the MPO, the lead agencies identified in

Subparagraph (f)(1)(ii), other agencies entitled to participate in any

interagency consultation process under Rule 391-3-1-.15 include GDOT,

GRTA (where applicable), publicly-owned transit agencies, FHWA, FTA,

and EPA. Transit agencies housed within the local governments making up

the MPO's membership may allow the MPO to represent them in

interagency consultation.

(iv) It shall be the role and responsibility of EPD and the MPO to confer with all

other agencies identified under Subparagraph (f)(1)(iii) with an interest in

the document to be developed, provide all appropriate information to those

agencies needed for meaningful input, solicit early and continuing input

from those agencies, conduct the consultation process described in the

applicable sections of Subparagraph (f), where required, assure policy-level

contact with those agencies, and, prior to taking any action, consider the

views of each such agency and respond to those views in a timely,

substantive written manner prior to any final decision on such document,

and assure that such views and written response are made part of the

record of any decision or action. It shall be the role and responsibility of

each agency specified in Subparagraph (f)(1)(iii), when not fulfilling the role

and responsibilities of a lead agency, to confer with the lead agency and

other participants in the consultation process, review and comment as

appropriate (including comments in writing) on all proposed and final
11

documents and decisions in a timely manner, participate in consultation

and decision meetings, assure policy-level contact with other participants,

provide input on any area of substantive expertise or responsibility

(including planning assumptions, modeling, information on status of TCM

implementation, and interpretation of regulatory or other requirements), and

provide technical assistance to the lead agency or consultation process in

accordance with this manual when requested.

2.

(i) It shall be the affirmative responsibility of the agency with the responsibility

for preparing the final document or decision subject to the interagency

consultation process to initiate the process by notifying the other

participants, to convene consultation meetings prior to the final decision on

the issue or the development of the final document, to appoint the

conveners of technical meetings, and to assure that all relevant documents

and information are supplied to all participants in the consultation process

within 30 days of the final decision.

(ii) Regular consultation on major activities such as the development of a

transportation plan, the development of a TIP, or any determination of

conformity on transportation plans or TIPs, shall be the affirmative

responsibility of the MPO. The MPO shall initiate the consultation process

by notifying the other interagency consultation parties. The MPO shall

begin consultation meetings prior to the circulation of the draft document for

public review, and shall prepare drafts of the final document and major

supporting documents. A meeting schedule will be distributed to all

affected agencies on an annual basis. The interagency consultation parties

shall be assisted by technical committees such as technical engineering,

planning, public works, air quality and administrative staff from the member

agencies as the parties deem appropriate. The MPO shall assure that all

relevant documents and information are supplied to all participants in the

consultation process prior to the release for public review.

(iii) Each lead agency in the consultation process required under Rule 391-3-1-

.15 (that is, the agency with the responsibility for preparing the final

document subject to the interagency consultation process) shall confer with

all other agencies identified under Subparagraph (g)1. with an interest in

the document to be developed, provide all information to those agencies

needed for meaningful input, and, prior to taking any action, consider the

views of each such agency and respond to those views in a timely,

substantive written manner prior to any final decision on such document.

Such views and written response shall be made part of the record of any

decision or action.

3. Each agency subject to an interagency consultation process under Rule 391-3-1-

.15 (including any federal agency) shall provide each final document that is the

product of such consultation process (including applicable implementation plans or

implementation plan revisions, transportation plans, TIPs, and determinations of

conformity), together with all supporting information, to each other agency that has

participated in the consultation process within 30 days of adopting or approving

such document or making such determination. Any such agency may supply a

checklist of available supporting information, which such other participating
12

agencies may use to request all or part of such supporting information, in lieu of

generally distributing all supporting information.

4. A meeting that is scheduled or required for another purpose may be used for the

purposes of consultation if the conformity consultation purpose is identified in the

agenda distributed prior to the meeting.

(g) Interagency consultation procedures: specific processes.

For nonattainment areas not modeled by an MPO, the role of the MPO in the following

consultation procedures will be performed by GDOT.

1. An interagency consultation process involving the MPO(s), GDOT, GRTA (where

applicable), publicly-owned transit agencies, EPA, EPD, FHWA, and FTA shall be

undertaken for the following:

(i) Evaluating and choosing the model(s) and associated methods and

assumptions to be used in regional emissions analyses, including vehicle

miles traveled (VMT) forecasting and speeds estimation.

The MPO shall work closely with the relevant federal and state agencies

throughout the development of the transportation plan, program and

conformity determinations. The transportation demand modeling process

requires input from local jurisdictions, publicly-owned transit agencies, and

GDOT. The mobile sources emissions estimates for the regional

conformity determination are derived by the MPO (or, outside the Atlanta

nonattainment and maintenance areas, by GDOT) using the latest motor

vehicle emissions model available as designated by EPA. The assessment

of conformity involves, by definition, use of the latest mobile source

emissions. The model to be used for hot-spot analyses is selected by EPA.

Choosing conformity tests and methodologies for isolated rural

nonattainment and maintenance areas, as required by 40 CFR

93.109(n)(2)(iii), is to be initiated by GDOT and conducted in accordance

with Subparagraph (f).

(ii) Determining which minor arterials are "'regionally significant' for the

purposes of regional emissions analysis" is not necessary in Georgia

because the network-based travel models maintained by ARC for Atlanta

nonattainment/maintenance areas and by GDOT for all other Georgia

urban areas include all of the minor arterial facilities and projects, and,

consistent with 40 CFR 93.122(b) and (d) and with current and previous

transportation and emissions modeling practice by ARC and GDOT,

emissions analyses in Georgia must be calculated based on activity for

every minor arterial in the travel model networks.

Any interagency consultation party may present other projects (e.g., transit)

for which the determination of regional significance must be further

examined to the interagency consultation parties for consideration. The

parties will review each project reported and will reach consensus on the

project's regional significance.
13

Whether or not a transportation project is regionally significant, conformity

determinations must be based on "emissions from the entire transportation

system," per 40 CFR 93.118(d) and 93.119(a).

(iii) Evaluating whether projects otherwise exempted from meeting the

requirements of transportation conformity (per 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, is to be initiated by the MPO

and conducted in accordance with subparagraphs (f)2.(i) through (iii).

(iv) Making a determination, as required by 40 CFR 93.113(c)(1), whether past

obstacles to implementation of TCMs which are behind the schedule

established in the applicable implementation plan 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, is to be initiated by the MPO, the lead agency

responsible for tracking the implementation of TCMs, and conducted in

accordance with Subparagraphs (f)2.(i) through (iii). This consultation

process shall also consider whether delays in TCM implementation

necessitate revisions to the applicable implementation plan to remove

TCMs or substitute TCMs or other emission reduction measures.

(v) Making a determination, as required by 40 CFR 93.121(a), whether the

project is included in the regional emissions analysis supporting the

currently conforming TIP's conformity determination, even if the project is

not strictly "included" in the TIP for the purposes of MPO project selection

or endorsement, and whether the project's design concept and scope have

not changed significantly from those which were included in the regional

emissions analysis, or in a manner which would significantly impact use of

the facility, is to be initiated by the MPO.

(vi) Notification of transportation plan or TIP revisions or amendments which

merely add, delete, or revise exempt projects listed in 40 CFR 93.126 or 40

CFR 93.127, is to be initiated by the MPO. Such notice will be provided

prior to the preparation of the final document or decision.

(vii) Determining what forecast of VMT to use in establishing or tracking

emissions budgets, developing transportation plans, TIPs, or applicable

implementation plans, or making conformity determinations.

The MPO (or, outside Atlanta nonattainment and/or maintenance areas,

GDOT and/or the MPO, as agreed to by them) is the lead agency in

determining which models to employ and through input from consultation

agencies, uses the current acceptable and reasonable technology available

to develop these models.

(viii) Determining the definition of "reasonable professional practice" for the

purposes of 40 CFR 93.122 and 93.123, is to be initiated by the MPO.

(ix) Determining whether the project sponsor or MPO has demonstrated that

the requirements of 40 CFR 93.116, 93.118, and 93.119, as applicable, are

satisfied without a particular mitigation or control measure, as provided in

40 CFR 93.125(d), is to be initiated by the MPO.
14

2. An interagency consultation process involving the MPO, GDOT, GRTA (where

applicable), and EPD shall be undertaken for the following:

(i) Evaluating events which may trigger new conformity determinations in

addition to those triggering events established in 40 CFR 93.104, is to be

initiated by the MPO.

Additional events which will trigger new conformity determinations include

such elements as the introduction of a new emissions model, a new travel

demand model, revised land activity forecasts, or revisions to the SIP. It

will be the responsibility of the consultation agencies to identify and bring to

the attention of the MPO any such additional actions which would trigger a

new conformity determination.

3. An interagency consultation process involving the MPO and GDOT shall be

undertaken for cooperative planning and analysis for purposes of determining

conformity of all projects outside the MPO counties and within the nonattainment

area.

4.

(i) An interagency consultation process involving the MPO, GDOT, GRTA

(where applicable), publicly-owned transit agencies, and sponsors of

projects to be implemented with funds designated under title 23 U.S.C. or

the Federal Transit Laws shall be undertaken to assure that plans for

construction of regionally significant projects which are not FHWA/FTA

projects (including projects for which alternative locations, design concept

and scope, or the no-build option are still being considered), including all

those by sponsors of projects to be implemented with funds designated

under title 23 U.S.C. or the Federal Transit Laws, are disclosed to the MPO

on a regular basis, and to assure that any changes to those plans are

immediately disclosed.

Any affected programming agency in the state including GDOT, GRTA

(where applicable), publicly-owned transit agencies, and local jurisdictions

where such projects may be located must bring such projects to the

attention of the MPO.

(ii) The sponsor of any such regionally-significant project, regardless of funding

source, and any agency that becomes aware of any such project through

applications for approval, permitting, funding or otherwise, shall disclose

such project to the MPO in a timely manner. Significant changes to any

such project's "design concept and scope" shall also be disclosed to the

MPO in a timely manner. Such disclosures shall be made not later than the

first occasion on which any of the following actions to adopt or approve the

project is sought: any policy board action necessary for the project to

proceed, the issuance of administrative permits for the facility or for

construction of the facility, the execution of a contract to design or construct

the facility, the execution of any indebtedness for the facility, any final

action of a board, commission or administrator authorizing or directing

employees to proceed with design, permitting or construction of the project,

or the execution of any contract to design or construct or any approval

needed for any facility that is dependent on the completion of the regionally

significant project. To help assure timely disclosure, the sponsor of any

potential regionally significant project shall disclose, upon the request of the
15

MPO, each project for which alternatives have been identified through the

NEPA process, and in particular, any preferred alternative that may be a

regionally significant project.

(iii) For the purposes of 40 CFR 93.121(a), the phrase "adopt or approve"

means the first time any action necessary to authorizing a project occurs,

such as any policy board action necessary for the project to proceed, the

issuance of administrative permits for the facility or for construction of the

facility, the execution of a contract to construct the facility, any final action

of a board, commission or administrator authorizing or directing employees

to proceed with construction of the project, or any written decision or

authorization from the MPO that the project may be adopted or approved.

5. An interagency consultation process involving the MPO and sponsors of projects to

be implemented with funds designated under title 23 U.S.C. or the Federal Transit

Laws shall be undertaken for assuming the location and design concept and scope

of projects which are disclosed to the MPO as required under subparagraph (g)(4)

but whose sponsors have not yet decided these features, in sufficient detail to

perform the regional emissions analysis according to the requirements of 40 CFR

93.122.

Where assumptions are required to be made regarding the design or scope of

certain projects, the information regarding the assumed location and design

concept and scope of such projects will be developed by the State agency or local

jurisdiction in cooperation with the project sponsor.

6. An interagency consultation process involving the MPO, EPD, GDOT, GRTA

(where applicable), and publicly-owned transit agencies, shall be undertaken for

the design, schedule, and funding of research and data collection efforts and

regional transportation model development by the MPO (e.g., household/ travel

transportation surveys), and is to be initiated by the MPO.

(h) Resolving conflicts.

1. Any conflict among EPD, GDOT, publicly-owned transit agencies, or the MPO shall

be escalated to the Governor if the conflict cannot be resolved by the heads of the

involved agencies. Such agencies shall make every effort to resolve any

differences, including personal meetings between the heads of such agencies or

their policy-level representatives, to the extent possible.

2. EPD has 14 calendar days to appeal a proposed determination of conformity to the

Governor after GDOT or the MPO has notified the EPD of the resolution of all

comments on such proposed determination of conformity. Such 14-day period

shall commence when the MPO or GDOT has confirmed receipt by the director of

the EPD of the resolution of the comments. If the EPD appeals to the Governor,

the final conformity determination must have the concurrence of the Governor.

The EPD must provide notice of any appeal under subparagraph (h) to the MPO

and GDOT. If the EPD does not appeal to the Governor within 14 days, the MPO

or GDOT may proceed with the final conformity determination.

3. In the case of any comments with regard to findings of fiscal constraint under 40

CFR 93.108 or the air quality effects of any proposed determination of conformity,

GDOT has 14 calendar days to appeal a proposed determination of conformity to

the Governor after the MPO has notified the EPD or the GDOT of the resolution of
16

all comments on such proposed determination of conformity. Such 14-day period

shall commence when the MPO has confirmed receipt by the director of the EPD

or GDOT of the resolution of the comments of GDOT. If GDOT appeals to the

Governor, the final conformity determination must have the concurrence of the

Governor. GDOT must provide notice of any appeal under subparagraph (h) to the

MPO and the EPD. If GDOT does not appeal to the Governor within 14 days, the

MPO may proceed with the final conformity determination.

4. The Governor may delegate the role of hearing any such appeal under

subparagraph (h) and of deciding whether to concur in the conformity

determination to another official or agency within the State, but not to the EPD,

GDOT, the State Transportation Board, any agency that has responsibility for only

one of these functions, or the MPO.

(i) Public consultation procedures.

Agencies making conformity determinations (i.e., the MPO, GDOT, FHWA, FTA) on

transportation plans, programs, and projects, shall establish and continuously implement a

proactive public involvement process, consistent with the requirements of 23 CFR

450.316(a), which provides opportunity for public review and comment prior to taking

formal action on a conformity determination for all transportation plans and TIPs.

Technical and policy information considered by the agency must be made available to the

public at the beginning of the public comment period. Any charges imposed for public

inspection and copying shall be reasonable. In addition, any such agency must

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. Any such agency shall also provide opportunity for public

involvement in conformity determinations for projects to the extent otherwise required by

law (e.g., NEPA). No transportation plan, TIP, or project may be found to conform unless

the determination of conformity has been subject to a public involvement process in

accordance with this subparagraph, without regard to whether the DOT has certified any

process under 23 CFR Part 450.

(2) Commitments for Regional Emissions Analysis

For nonattainment areas not modeled by in an MPO, the role of the MPO in the following

paragraph will be performed by GDOT.

In accordance with 40 CFR 93.122(a)(4)(ii), the MPO(s) will not include emissions

reduction credits from control measures that are not included in the transportation plan or

transportation improvement program and that do not require a regulatory action in the

regional emissions analysis used in the conformity determination unless the MPO(s) or

FHWA/FTA obtain written commitments, as defined in 40 CFR 93.101, from the

appropriate entities to implement those control measures. The written commitments to

implement those control measures must be fulfilled by the appropriate entities.
17

(3) Commitments for Project-Level Mitigation and Control Measures

For nonattainment areas modeled by an MPO, the role of the MPO in the following

paragraph will be performed by GDOT.

In accordance with 40 CFR 93.125(c), prior to making a project-level conformity

determination for a transportation project, FHWA/FTA must obtain from the project

sponsor and/or operator a written commitment, as defined in 40 CFR 93.101, to implement

any project-level mitigation or control measure in the construction or operation of the

project identified as a condition for NEPA process completion. The written commitment to

implement such a project-level mitigation or control measure must be fulfilled by the

appropriate entity. Prior to making a conformity determination for the transportation plan

or TIP, MPO(s) will ensure any project-level mitigation or control measures for which a

written commitment has been made are included in the project design concept and scope

and are appropriately identified in the regional emissions analysis used in the conformity

analysis. Written commitments must be obtained before such mitigation or control

measures are used in a project-level hot-spot conformity analysis for a project-level

determination.
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Appendix A

Interagency Consultation Parties

1

State Agencies:

Georgia Department of Natural Resources Environmental Protection Division (EPD)

Georgia Department of Transportation (GDOT)

Georgia Regional Transportation Authority (GRTA), where applicable

Federal Agencies:

United States Environmental Protection Agency (EPA)

Federal Highway Administration (FHWA)

Federal Transit Administration (FTA)

Metropolitan Planning Organizations:

Atlanta Regional Commission (ARC)

Gainesville-Hall Metropolitan Planning Organization (GHMPO)

Floyd-Rome Urban Transportation Study (FRUTS)

Macon Area Transportation Study (MATS)

Chattanooga Urban Area Transportation Study (CUATS)

Transit Providers:

Metropolitan Atlanta Rapid Transit Authority

Georgia Regional Transit Authority

Cobb Community Transit

Gwinnett County Transit

Douglas County Rideshare

Hall Area Transit

Cherokee Area Transit System

Rome Transit Department

Macon-Bibb County Transit Authority

Chattanooga Area Regional Transportation Authority

Other:

Project sponsors

1

as of the date of this manual