Georgia Department of Natural Resources 

Transportation Conformity 

Manual

July 29, 2009 

 

 

 

 

 

 

 

 

Georgia Department of Natural Resources 

Environmental Protection Division 

Air Protection Branch 

 

4244 International Parkway, Suite 120 

Atlanta, Georgia 30354 

Phone: 404/363-7000 

Fax: 404/363-7100 

 

 

 
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 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): 

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. In addition, Federal activities may not 

cause or contribute to new violations of air quality standards, exacerbate existing 

violations, or interfere with timely attainment or required interim emission reductions 

towards attainment. 

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). 

(c) Organizational Level of Regular Consultation 

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

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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) 

The EPA Regional Office provides comments to FHWA and FTA on the regional 

emissions analyses and conformity determinations of RTPs and TIPs in 

nonattainment and maintenance areas, pursuant to 40 CFR Part 93 and the CAA. 

EPA also reviews and approves revisions to the State Implementation Plan (SIP) 

that affect transportation conformity including, but not limited to, any type of motor 

vehicle emissions budgets and necessary transportation control measures 

(TCMs), as appropriate. In addition, EPA provides emissions analysis and 

modeling assistance to GDOT, the MPO, and EPD. 

3. Metropolitan Planning Organizations (MPOs) 

The MPO(s) 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 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, 

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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 interagency consultation parties regarding regionally 

significant facilities and major transportation investment projects and their impact 

on their respective RTPs, TIPs and the conformity determination process; and 

(vi) Provides opportunity, consistent with 23 U.S.C. Section 134 and 23 CFR Part 450, 

for public review and comment and responds in writing to all public comments. 

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; and 

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(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; 

(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; 

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

(iv) In preparing the SIP, consult with the interagency consultation parties on the onroad mobile source element; 

(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' TIPs. 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 Program and 

models, which GDOT works to support with both staff and funds. 

Specific duties include the following: 

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(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 on public information and involvement; 

(vi) Work with local governments toward developing and implementing transportation 

projects selected for transportation-air quality purposes; 

(vii) Work with the MPO 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, and regardless of funding source for any 

nonattainment or maintenance counties which are outside the MPO jurisdiction. 

(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. 

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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 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. 

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(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. 

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. 

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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. 

(f) Interagency consultation procedures: General factors 

For nonattainment areas not included in 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 Georgia Department of Natural Resources Environmental Protection Division 

(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), publiclyowned 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 

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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 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 agencies may use to 

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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 included in 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(1)(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 networkbased travel models maintained by ARC for the Atlanta area 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 link in the travel 

model networks. 

Any projects for which the determination of regional significance must be further 

examined shall be presented to the interagency consultation parties for 

consideration. The parties will review each project reported and will reach 

consensus on the project's regional significance. 

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 

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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(b), 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. 

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 

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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. Such disclosure shall be made not later 

than the first occasion on which any of the following actions 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 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) In the case of any such regionally significant project that has not been disclosed to 

the MPO and other interested agencies participating in the consultation process in 

a timely manner, if such project is under contract or already built, such regionally 

significant project shall be deemed not to be included in the regional emissions 

analysis supporting the currently conforming TIP's conformity determination and 

not to be consistent with the motor vehicle emissions budget in the applicable 

implementation plan, for the purposes of 40 CFR 93.121. That section of the 

transportation conformity rule forbids recipients of federal highway or transit funds 

to adopt or approve a regionally significant project, regardless of funding source, 

unless there is a currently conforming plan and TIP; the project's emissions are 

accounted for; and the project's "design concept and scope" has not changed 

significantly from what is reflected in the emissions modeling. 

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(iv) For the purposes of subparagraph (g)(4) and 40 CFR 93.121, the phrase "adopt or 

approve a regionally significant project" 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. 

(i) 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. 

(ii) 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 

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 

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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. 

(iii) 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. 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 included 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. 

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

For nonattainment areas not included in 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 

 14
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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