John R. Kasich, Governor MaryTaylor, Lt. Governor CraigW. Butler, Interim Director



### AUG 202014
Ms. Susan Hedman Regional Administrator U.S. EPA Region 5 77W. Jackson Blvd. Chicago, IL 60604

Re: Requestto Replace Ohio'sTransportation ConformitySIP

DearAdministrator Hedman: Please accept this letter as Ohio's formal request to withdraw our existing Transportation Conformity State Implementation Plan (SIP) and replace it with the attached series of Memorandums ofUnderstanding (MOUs). Background In August 2005, Congress passed the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) which made amendments to the federal transportation conformity process. In 2007/2008, Ohio EPA began the process of updating Ohio'stransportation conformity processto meetthe requirements ofthe federal SAFETEA-LU act. The process resulted in 9 memorandums of understanding (MOU's) which were approved and signed by each of the local MPOs, the Ohio EPA, and the Ohio Department of Transportation (ODOT) in 2008. However, USEPA and the Federal Highway Administration (FHA), also parties to the MOUs, had some comments regarding the content ofthe MOUs and would not sign until additional changes were made to the documents. Between 2008 and 2012, Ohio EPA worked with USEPA and FHA to address their concerns with the local MOU's. The concerns were with how the state and federal agencies communicated, ratherthan howthe local MPO's communicated. Subsequently, it was decided that a single "master" MOU would be written that would address USEPA's and FHA's concerns, and that the Local MOUs would be allowed to remain "as-is", as attachmentsto the "master."

50WestTown Street • Suite 700**~P.O.** Box 1049 9 Columbus, OH 43216-1049 www.epa.ohio.gov • (614)644-3020 • (614)644-3184 (fax)In October, 2012, Ohio EPA began the process ofobtaining signatures on the MOUs. This was completed in 2 phases. First, All parties signed the master MOU and then, to ensure that all signatories to the local MOUs were still current as ofexecution, all ofthe local MOUs were resigned by the current management of the MPOs, state and federal agencies. The signature process culminated in July, 2014with USEPA providing thefinal signatures, making the MOUs complete and executed. Rule Replacement Ohio's transportation conformity SIP currently consists of six rules, all located in the Ohio administrative code (OAC). These rules are: 3745-101-01 -Purpose 3745-101-02

- Definitions 3745-101-03- Applicability, Priority, and FrequencyofConformity Determinations 3745-101-04- Consultation 3745-101-05- Content ofTransportation Plans 3745-101-06- Relationship with NEPAand Fiscal Constraints On July 2, 2014, USEPA signed Ohio's Transportation conformity MOU's, thereby completing the signature process and activating the MOU's. These MOUsare equivalentto Ohio's existing transportation conformity rules discussed above and address deficiencies between the existing rules and the SAFETEA-LU legislation. For this reason, Ohio EPA requests that the following MOUs replace Ohio's existing transportation conformity SIP. The MOUs are as follows: MOU dated August2013 "Master" MOU between State and Federal Agencies (OEPA, ODOT, Federal Highway Administration (FHWA), Federal Transit Administration (FTA)) Local MOU Attachment A - Eastgate Regional Council of Governments, State and Federal Agencies Local MOU Attachment 8 - Toledo Metro Area Council of Goverments (TMACOG), State and Federal Agencies Local MOU Attachment C

- Miami Valley Regional Planning Commission (MVRPC), Clark County-Springfield Transportation Coordinating Committee (CCSTCC), Ohio-Kentucky-Indiana Regional Council of Governments (OKI), State and Federal Agencies Local MOU Attachment D - Kentucky, Ohio, West Virginia Interstate Planning Commission (KYOVA), State and Federal Agencies Local MOU Attachment E - Ohio-Kentucky-Indiana Regional council of Governments (OKI), MVRPC, State and Federal Agencies Local MOU Attachment F - Lima-Allen County Regional Planning Commission (LACRPC), State and Federal Agencies Local MOU Attachment G- Stark County Area Transportation Study (SCATS), State and Federal Agencies Local MOU Attachment H - Mid-Ohio Regional Planning Commission (MORPC), State and Local Agencies Local MOU Attachment I

- Northeast Ohio Areawide Coordinating Agency (NOACA), Akron Metropolitan Area Transportation Study (AMATS),Erie Regional Planning Commission (ERPC), State and Federal Agencies A copy of the executed MOUs is included in Appendix A. The executed MOUs can also be obtained electronically from Ohio EPA's website at, http://epa.ohio.gov/dapc/sip/trans conform.aspx under the heading "STATE IMPLEMENTATION PLANS (SIP)- Transportation Conformity". Public Involvement Ohio EPA notified the public of the draft MOUs and the opportunity to provide comments on August 24, 2012. This notice was also published in the 12 major newspapers of general circulation in the state ofOhio. A public hearing on the draft MOUs was held on September24, 2012 in Columbus, Ohio. No Testimony was provided at the hearing and no written comments were received. A copy ofthe hearingtranscript is included as Appendix B. If you have questions, please contact Paul Braun in our Division of Air Pollution Control at (614) 644-3734. Sincerely,

Craig W. Butler Director Cc: Bob Hodanbosi, Chief, Division ofAir Pollution Control, Ohio EPA Enclosure

# EPA

MEMORANDUM OF UNDERSTANDING AMONG OHIO ENVIRONMENTAL PROTECTION AGENCY OHIO DEPARTMENT OF TRANSPORTATION UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FEDERAL HIGHWAYADMINISTRATION

FEDERALTRANSITADMINISTRATION FOR PROCESSAND PROCEDURES FORTHE COORDINAT ION OF TRANSPORTATION AND TRANSPORTATION RELATED

.AIRQUALITY PLANNING INCLUDINGTHE CONSULTATION AND DETERMINATION OF TRANSPORTATION CONFORMITY PER 40 CFR PARTS 51 and 93 AND 23 CFR PART450.310 (c) 

# Prepared by: Ohio Environmental Protection Agency Division ofAir Pollution Control

August2013MEMORANDUM OF UNDERSTANDING AMONG OHIO ENVIRONMENTAL PROTECTION AGENCY OHIO DEPARTMENT OF TRANSPORTATION UNITED STATES ENVIRONMENTAL PROTECTIONAGENCY FEDERAL HIGHWAYADMINISTRATION FEDERALTRANSITADMINISTRATION FOR PROCESS AND PROCEDURES FOR THE COORDINATION OF TRANSPORTATION

AND TRANSPORTATION RELATED AIR QUALITY PLANNING INCLUDING THE CONSULTATION AND DETERMINATION OFTRANSPORTATION CONFORMITY PER 40 CFR PARTS51 and 93 AND 23 CFR PART450.310 (c)

Introduction The Clean Air Act (CAA) and the transportation planning regulations embodied in United States Code (USC) at 23 USC 134 and 23 USC 135 require evaluation of transportation plans, programs and projects for areas that are in nonattainment/maintenance of the National Ambient Air Quality Standards (NAAQS) to ensure consistency with air quality planning efforts. The agencies that work in these areas, which include air quality, transportation, metropolitan planning organizations, public transit operators and local governments, mustworktogetherto perform this evaluation. Certain activities, such as development of new or amended transportation plans (TP) or transportation improvement programs (TIP) or new projects in rural areas require that a conformity determination be made. 40 CFR Part 93.104 specifies the types ofactivities that require a conformitydetermination and thefrequency ofconformitydeterminations. This document along with the attached individual metropolitan planning organization (MPO) memorandums of understanding (MOU's) establish a detailed interagency consultation process among the Ohio Environmental Protection Agency (OEPA), the Ohio Department of Transportation (ODOT), the United States Environmental Protection Agency (US EPA), the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA) and the individual Metropolitan Planning Organizations (MPOs) for the purpose of evaluating the conformity of the transportation plans, transportation improvement programs and projects forthe State ofOhio with the requirements ofthefederal Clean AirActAmendments and the State Implementation Plan (SIP). The USEPA and the United States Department of Transportation (US DOT) have promulgated regulations at 40 CFR Parts 51 and 93, 23 CFR Part 450, and 49 CFR Part 613, respectively, describing the procedures to be used in the consultation process. The signatories to this agreement agree to follow the individual MPO transportation conformity

Memorandum of UnderstandingforConsultation and Transportation Conformity Page 2 of22protocols and abide by the consultation procedures in the memorandums of understanding foreach MPO.(see appendicesfor individual MPO MOUs) To satisfy the requirements of Clean Air Act section 176(c)(4)(E), the implementation plan revision must address the following three requirements of Part 93, Subpart 

### A: (1) 40 CFR 93.105, which addresses consultation procedures, (2) 40 CFR 93.122(a)(4)(ii), which states that conformity State Implementation Plans (SIPs) must require written commitments to control measures prior to a conformity determination if the control measures are not included in a MPO's TP or TIP, and that such commitments be fulfilled; and (3) 40 CFR 93.125(c), which states that conformity SIPs require written commitments to mitigation measures priorto a project-level conformitydetermination, and that project sponsors comply with such commitments. Following US EPA approval of this MOU and the MPO MOUs which address consultation in each MPO area, as a revision to the SIP, conformity determinations shall be conducted in accordance with the approved SIP as well as federal conformity rules that are not addressed bythis document. This MOU identifies the interagency consultation process for the review and determination ofconformityoftransportation plans, programs and projects for State ofOhio nonattainment and maintenance areas and also for hotspot analysis. It describes where opportunity for public involvement is to be provided in the process. It details the process to be used by the affected agencies in the development of transportation control measures and provides a processforthe resolution ofconflicts among the affected agencies. 

### I. Definitions AQCA

- AirQuality ConformityAnalysis FHWA- Federal HighwayAdministration FONSI -Finding ofNo Significant Impact FTA- Federal TransitAdministration HPMS

- Highway Performance Monitoring System ICG

- InteragencyConsultation Group MPO

- Metropolitan Planning Organization MVEB

- MotorVehicle Emissions Budget NEPA- National Environmental PolicyAct ODOT

- Ohio DepartmentofTransportation OEPA- Ohio Environmental Protection Agency ROD

- Record of Decision SIP- State Implementation Plan STIP- State Transportation Improvement Program TCM

- Transportation Control Measures TOM -Travel Demand Model TIP

-Transportation Improvement Program TP- Transportation Plan US DOT

- United States Department ofTransportation US EPA- United States Environmental Protection Agency VMT

- Vehicle Miles Traveled

Memorandum ofUnderstandingfor Consultation and Transportation Conformity Page 3 of22II. AffectedAgencies For purposes of this document, the "affected agencies" shall refer to the following entities: The designatedpointofcontact for each affectedagency

### is listedbelow the agency name. 1. The Ohio Environmental Protection Agency (OEPA); DirectororDesignee 2. The Ohio DepartmentofTransportation (ODOT); DirectororDesignee 3. The United States Environmental Protection Agency (US EPA), Region 5; AdministratororDesignee 4. The Federal HighwayAdministration (FHWA), Ohio Division Office; AdministratororDesignee 5. The Federal TransitAdministration (FTA), Region 5; AdministratororDesignee



### Ill. General proceduresforTransportation ConformityConsultation Overview These procedures implement the interagency consultation process as required in 40 CFR 93.105 for Ohio Transportation Plans, STIP/TIPs, and projects in all nonattainmentlmaintenance areas, and include procedures to be undertaken by ODOT, FHWA, FTA, OEPA, and USEPA before MPOs and US DOT make conformity determinations. Transportation conformity is the process to assess the compliance of a TP, STIP/TIP, or transportation project with the air quality SIP. A conformity determination is based on the conformity regulations in 40 CFR Part 93 and, where deemed adequate or approved, consistency between the applicable SIP emissions budgets and the TP and/orthe STIP/TIP.

a. InteragencyConsultation Group To conduct consultation, staff involved in conformity issues for their respective agencies shall participate in an air quality conformity task force, hereafter referred to as the "Interagency Consultation Group." The Interagency Consultation Group (ICG) is open to all interested agencies, buttypically includes, as a minimum, staffof:

Memorandum ofUnderstandingforConsultation and Transportation Conformity Page 4 of22• Federal agencies: FHWA, USEPA, FTA • StateAgencies: ODOT, OEPA • Local Agencies: MPOs The ODOT and OEPA shall jointly maintain a directory for the current membership agencies ofthe ICG. The ICG agencies shall establish the practice of having at least one staff member who can serve as an alternate contact if the primary contact is unavailable. These agencies are responsible to notify ICG upon individual contact or alternate contact changes. b. Initial InteragencyConsultation Group Meeting 93.105 (b)(2)(ii) ODOT, FHWA, or an MPO will initiate ICG consultation when a new conformity demonstration is being advanced forTP's and TIP's. TP and TIP consultation will followthe MOU forthe MPO area (see appendices).ODOT shall initiate ICG consultation at the project level. The initial ICG meeting shall include, but not be limited to, all ofthe affected agencies listed above. The initial ICG meeting will typically be a conference call, although another method (for example an in-person meeting, e-mail exchange, web meeting, or similar means of communication) may be chosen at the agreement ofthe other ICG members. The initiating agency shall schedule conference calls and meetings for a time that is acceptable to all other ICG representatives. The purpose ofthe initial ICG meeting is to establish consensus regarding the need for a conformity determination (i.e. is the project exempt, regionally significant, etc.), followed by consensus regarding the TP, TIP or project level conformity demonstration schedule, latest planning assumptions, and analysis methodology. If a previous conformity demonstration was made, the ICG may reaffirm the existing practices. The initiating agency shall provide ICG members with meeting background materials with as much lead time as possible prior tothe meetingto give JCG members an opportunityfor review and preparation. The initiating agency shall respond verbally or by email to all questions and comments from the ICG members. 93.1OS(b)(2)(iii) The initiating agency prepares initial Meeting Minutes to document agency concurrence regarding items and all decisions made during the initial consultation meeting, unless mutually agreed that another shall handle the minutes orthat minutes are not required. The initiating agency shall forward these meeting minutes and the project list, ifthe project list is available, to the ICG as soon as reasonably possible. The initiating agency can follow-up with ICG representatives as needed during the consultation period to clarify outstanding issues. The initiating agency shall schedule a follow-up meeting if needed (i.e. agency concurrence cannot be reached 93.1OS(b)(2)(v)). The initiating agency shall also schedule a meeting if any ICG member(s) requests a meeting to discuss issues under the purview of the ICG as described below, including whether certain events would trigger the need to make a new project level conformity determination. The initiating agency shall be responsible for preparing and distributing the Meeting Minutes from that meeting unless other mutual agreementwas made.

Memorandum of UnderstandingforConsultation and Transportation Conformity Page5 of22Persons of any organizational level in the member agencies may attend meetings of the ICG. Public participation shall be welcomed at meetings, however, holding a meeting shall not necessitateofficial public notification. 93.105 (b)(2)(ii) Meeting frequency shall be as needed, unless there is consensus among the federal and state transportation agencies and air quality agencies to meet on a specific schedule (i.e. quarterly, biannually, annually, etc.). 93.105 (b) (2) (iv)

c. AffectedAgency Responsibilities93.105 (b)(2)(i) The following describesthe responsibilities ofthe state agencies who are signatories to this MOU. These responsibilities may be mirrored or duplicated by the individual MPO's as described in the attached individual MOU's. OEPA is the state agency responsible for air quality planning. Associated responsibilities of OEPA include the identification of the various sources of air pollutants, including mobile sources, and the development of the SIP. The SIP outlines the control strategies for maintaining and improving airquality. ODOT is the state agency responsible, in cooperation with the MPOs, for transportation planning and project implementation, and is a key stakeholder in statewide transportation planning and conformity processes. ODOT also develops the statewide transportation improvement plan (STIP) that encompasses the TIPs of all Ohio metropolitan planning organizations (MPO). USEPA is the federal agency responsible for reviewing and approving the SIP. US EPA is also a participant in the regional transportation planning and conformity processes, and provides comment to US DOT (FHWA 

### & FTA) regarding a regional conformity analysis at state and local levels priorto US DOT making a conformitydetermination. FHWA and FTA are the federal agencies responsible for approving the STIP. FHWA and FTA are active participants in the regional transportation planning and conformity processes, and are responsible for making a formal conformity determination regarding Transportation Plans, Transportation Improvement Programs, and projects atthe state and local levels. MPOs are regional transportation planning bodies responsible, in consultation with the state, for conducting urban transportation planning processes for US Census designated urbanized areas. MPOs develop and adoptthe TP and TIP fortheir respective areas. MPOs also make conformitydetermination'sforTPs and TIPs. d. Affected Agency Roles 40 CFR 93.105 (b)(2)(i) require roles and responsibilities to be addressed as part of the consultation SIP. As such, the following are the expected participation of key state and federal agencies in project level conformitydemonstration development and review.

Memorandum of Understandingfor Consultation and Transportation Conformity Page 6 of22Agency Roles ODOT 

## • Coordinates use of travel demand models (TDM) and other travel modelswith the local MPOs 

## • Manages public review and comment period 

### • Provides afinal copyofAQCAdocumentto ICG agencies 

## • Request USDOT conformity determinations, both regional (where Ohio is lead state)and project level OEPA 

## • Coordinates development of motor vehicle emissions budgets (MVEBs) 

### • Creates and develops state implementation plans (SIPs) 

## • Develops SIP emissions reflecting the most current US EPA approved emissions model (or delegates responsibility as agreed with other appropriate ICG parties) 

### • Provides draft copy ofMVEB and SIPto ICG for review and comment 

### • Reviews AQCA and commentswithin the allotted time FHWA 

## • Coordinatesfederal review process ofthe conformitydetermination 

## • Facilitate additional consultation as necessary if adverse comments are received during consultation 

### • Assists other ICG partieswith commitmentfollow-up 

### • Providestechnical guidance and advice on conformity 

### • Reviews conformitydocumentation 

### • Issues United States Department of Transportation (US DOT) conformitydetermination letter 

### • Coordinateswith other FHWA Divisionsformulti-state MPOs FTA 

### • Reviews conformitydocumentation 

## • ReviewsAQCA and commentswithin theallotted time USEPA 

### • Promulgates conformity regulations 

### • Approvesthe SIP and motorvehicle emissions budgets (MVEBs) 

## • Provides technical advice and guidance on conformity 

### • Reviews conformitydetermination 

## • Reviews final AQCA and submits a recommendation for conformity finding letter MPOs 

### • Follow procedures in their individual MOU All agencies 

### • Utilize inter-agencyconsultation

e. Consultation onTP, STIP/TIP or ProjectLevel ConformityAnalysis Consultation on the assumptions and approach to the conformity analysis shall occurduring the ICG process, prior to beginning preparation of the AQCA document. The initiating

Memorandum ofUnderstanding for Consultation and Transportation Conformity Page 7of22agency shall consult with the ICG or may request one of the other agencies to initiate consultation with the ICG, ata minimum, on thefollowing topics:

• Identification ofexempt projects (by listorreference)(93.105(b)(2)(vi)) • Discussion ofwhich activities triggeraconformity analysis (93.105(c)(2)(i)) • Identification ofprojects included in each analysis scenario(93.105(b)(2)(vi) • Evaluating and choosing models and associated methods and assumptions for hotspot and regional emissions analyses 93.105(c)(1)(i)Determining which minor arterials and other projects are "regionally significant" as required in 93.105(c)(1)(ii) and/or have had asignificant change in design conceptand scope

.. • Determining which projects are projects of "airqualityconcern".(c)(1)(iii) • Discussion ofdata collection efforts and statewide travel demand model development (93.105(c)(6)) • Determining whether State and local agencies are giving maximum priority to approval and funding forTCMs in approved SIPs (93.105(1)(iv) • Notification of TP and TIP amendments which only add or delete exempt projects listed in 93.126 and 93.127 [93.105(c)(1)(v) • Choosing conformity tests and methodologies for isolated rural nonattainment and maintenance areas (93.105(c)(1)(vi)) f. Draftdocumentreview and accesstodocumentation 93.105(b)(2)(iii) Relevant documentation will be provided by the responsible party at the earliest practical date, but not laterthan the initiation offormal public participation process. Detailed technical orsupporting documentation must be furnished upon request. ODOT and FHWA will be responsible for distributing draft documents by mutually acceptable methods for review bythe ICG. All comment will be addressed to the ICG within atimeframe agreed upon bythe ICG. g. Processforprovidingfinal conformitydocumentation as Required by93.105(c)(7) Within thirty days ofadopting orapproving a document or making a determination, the lead agency of an interagency consultation process, including anyfederal 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 ofconformity, togetherwith all supporting information, to each other agency that has participated inthe consultation process. Any such agency may supply achecklist of available supporting information, which such other participating agencies may use to request all or part of such supporting information, in lieu of generally distributing all supporting information. IV. State Implementation Plan (SIP) Consultation Process OEPA has responsibility for developing state implementation plans (SIPs) and, as such, needs to assure that assumptions made during the emissions analysis process are consistent with those in the appropriate SIPs. The non-transportation components of the SIP will normally be developed independently ofthe ICG. However, all ICG agencies shall Memorandum ofUnderstandingforConsultation and Transportation Conformity Page 8 of22be provided with information and opportunity to participate in the development of the transportation related portions ofthe SIP with a focus on the setting of emission budgets and developing Transportation Control Measures (TCMs, ifappropriate). Public involvement shall be in accordancewith OEPA's public involvement procedures. Key documents shall be posted on OEPA's website. SIP development will normally cover inventory development, determination of emission reductions necessary to achieve and/or maintain federal air quality standards, transportation and other control strategies that may be necessary to achieve these standards, contingency measures, and other such technical documentation as required. OEPA may request that ODOT in cooperation with the MPOs provide travel activity datafor use in developing the on-road motor vehicle emissions inventory. If new transportation control strategies or TCMs are necessary to achieve and/or maintain federal air quality standards, OEPA may request that ODOT evaluate potential new measures. The ICG shall be convened to discuss possible TCMsfor inclusion in the SIP. OEPA must consult with the ICG on the SIP and shall define the motor vehicle emissions budget (MVEB), and its various components, that will be used for future conformity determinations of the TP and STIPITIP. Before the draft SIP begins the public review process, the ICG shall have an opportunityto review and comment on the proposed MVEB. Consultation on the SIP budgets may be by conference call, e-mail messages or meeting as defined inthe consultation generalfactors. OEPA shall circulate the draft SIP for public review, and all comments shall be addressed. OEPA shall then transmitthe adopted submittal, along with the public notice, public hearing transcript and a summary of comments and responses, to USEPA and shall make the documents availableto the ICG in accordancewith the procedures in paragraph lll(g). 

### V. DevelopmentofTransportation Control Measures (TCM) The affected agencies shalljointly discuss, identifyand select reasonably available TCMs to reduce mobile source emissions. The consultation parties and MPO can suggest TCMs for evaluation. Evaluation ofTCMs will include emission reductions, costs and implementation factors. TCMs can be suggested bythe MPO and/orODOT howeverthe OEPA shall make final determination ofanyTCMsto be included withinthe SIP. 

### VI. Monitoring ofTransportation Control Measures (TCMs)
The periodic conformity analyses for nonattainmentlmaintenance areas will include updates ofthe implementation ofTCMs in the applicable SIP. The ICG may request more frequent updates, as needed. As part of a new conformity demonstration in a nonattainmentlmaintenance area, the entity initiating the TCM shall list and documentthe status ofTCMsthat have not been completed, by comparing progress to the implementation steps in the SIP. Where TCM emissions reductions are included as partofthe MVEB, the entity initiating the TCM shall also estimate the portion of emission reductions that have been achieved, either through modeling, collection ofreal-time data, or by other means acceptable to the ICG. Ifthere are funding or Memorandum ofUnderstandingfor Consultation and Transportation Conformity Page 9 of22scheduling issues for a TCM, The entity initiating the TCM shall describe the steps being undertaken to overcome these obstacles, including means to ensure that funding agencies are giving TCMs maximum priority. The entity initiating the TCM may recommend substitution of a new TCM for all or a portion of an existing TCM that is experiencing implementation difficulties. (see Section VII.) VII. Tracking Implementation ofTCMs (40 CFR 93.105 (c)(1)(iv)) The affected agencies shall work together to identify steps and actions being taken to secure approval orfunding for any delayed TCMs in the SIP so that they receive maximum priority for implementation. If further delay is encountered, the affected agencies shall consider whether a SIP revision is necessary to remove or replace the TCMs with other emission reduction measures. TCMs that are delayed shall followthe criteria in accordance to 40 CFR 93.105(c)(1)iv) & 93.113. VIII. SubstitutionofTCMs inthe SIP
After consultation with the ICG, The entity initiating the TCM may recommend to OEPA the substitution ofa newTCM in the SIP to overcome implementation difficultieswith an existing TCM(s). OEPA shall consider the recommendation and make final determination on any TCM substitutions within the SIP. The substitution shall take place in accordance with SAFETEA-LU (Public Law 1 09-59) TCM Substitution Procedures, and provide forfull public involvement. IX. Provision for Written Commitments Required by 40 CFR 93.122(a)(4)(ii) and 93.125(c) As set forth in CFR 93.122(a)(4)(ii), emission reduction credit from control measures that are not included in the SIP and that do not require a regulatory action in order to be implemented may not be included in the project level conformity demonstration unless the NEPA document includes written commitments, as defined in 40 CFR 93.101, from the appropriate entities to implement those control measures. The written commitments to control measures must be obtained bythe initiating party priorto a conformitydetermination and the written commitments must be addressed by the initiating party. Consultation on these commitments shall take place as a part ofthe consultation process with the ICG prior to the conformityanalysis and determination. As set forth in 40 CFR 93.125(c), prior to determining that a transportation project is in conformity, the recipient of funds designated under title 23 U.S.C. or the Federal Transit Laws, FHWA, or FTA must obtain from the project sponsor and/or operator written commitments to implement in the construction ofthe project and operation ofthe resulting facility or service any project-level mitigation or control measures which are identified as conditions for NEPA process completion with respect to local CO, PM 10, or PM2.5 impacts. Before a conformity determination is made, written commitments must also be obtained for project-level mitigation orcontrol measureswhich are conditionsfor making the project level conformity determination. These commitments are to be included in the project design concept and scope which is used in the regional emissions analysis required by 40 CFR 93.118 and 119 or used in the project-level hot-spot analysis required by 40 CFR 93.116. Memorandum ofUnderstandingforConsultation andTransportation Conformity Page 10 of22Consultation on these commitments shall take place as a part ofthe consultation process priorto the conformityanalysis and determination. X. Other InteragencyConsultation Group Processesand Procedures Interagencyconsultation proceduresforspecificconformity issues are described below:

a. Defining regionallysignificantprojects(93.105 (c) (1) (ii)) Regionally significant projects are defined as atransportation project (otherthan an exempt project) that is on a facility which serves regional transportation needs (such as access to and from the area outside ofthe region, major activity centers in the region, major planned developments such as new retail malls, sports complexes, etc., ortransportation terminals as well as mostterminals themselves) and would normally be included in the modeling of a metropolitan area's transportation network, including at a minimum all principal arterial highways and all fixed guidewaytransitfacilities that offer an alternative to regional highway traveL The MPOs' travel demand model networks may also include other types offacilities for reasons offunctionality or connectivity that would not normally be considered regionally significant. ODOT oran MPO shall periodically reviewwith the ICG thetypes offacilities and projects that are coded in the network butwhich ODOT orthe MPO recommends should not be classified as regionally significant (and which therefore would not trigger a new regional conformity demonstration before they could be amended into a TP or the Ohio STIP/TIP. ODOT orthe affected MPO shall document the decisions ofthe ICG for future reference. The ICG shall also discuss and decidethat projectswould not befound regionally significant according to the modeling definition above, but should be treated as regionally significantfor conformity purposes. This consultation shall take place prior to the beginning of the conformity modeling analysis. b. Determination ofsignificant change in project design concept and scope (93.105 (c) (4) and (5)) A significant change in design conceptand scope shall be one thatwould alterthe coding of the project in the travel demand modeL When a project(s) has a change in design concept and scope from that assumed in the most recent conformity demonstration, ODOT shall initiate an update ofthe conformitydemonstration as partofa NEPA reevaluation.

c. Determining 

### ifexemptprojects should be treated as non-exempt(93.105 (c)(1) 

### (iii)) ODOT shall identify all STIP projects that meet the definition of an exempt project, as defined in the conformity regulations. The list in the STIP shall serve as a list of exempt projects for the ICG for review prior to releasing the project level NEPA conformity demonstration for public comment. If any member of the ICG believes an exempt project has potentially adverse emission impacts or interferes with TCM implementation, they can bring their concern to the ICG for review and resolution. If it is determined by the ICG that the project should be considered non-exempt, ODOT, in cooperation with the MPOs, shall make appropriate changes to the conformity analysis, as required. ODOT orthe MPO shall highlight all regionally significant added capacity projects within the regional emissions analysis.

Memorandum ofUnderstandingfor Consultation and Transportation Conformity Page 11 of22d. Treatmentofnon-FHWAIFTA regionallysignificant projects (93.105(c)(4) & (c)(5)) Any recipient offederal funding is required to disclose to ODOT orthe affected MPO the design concept and scope of regionally significant projects that do not use FHWA or FTA funds. ODOT orthe affected MPO shall requestthat local agencies identify all such projects prior to conducting a new regional level conformity analysis. As part of the conformity demonstration, ODOT or the MPO shall include a written response to any substantive comment received about whether projects ofthis type are adequately accounted for in the regional emissions analysis.

e. Projectsthatcan advance during a conformity lapse In the event of a conformity lapse in an MPO area or an isolated rural nonattainment/maintenance area, ODOT shall consultwith the ICG to identify projects that may move forward. 

### f. Events that Trigger a New Conformity Determination (40 CFR 93.105 (c)(2)(i) 

### & 93.104) The affected agencies shall work together to evaluate activities that may require a conformity determination. 40 CFR 93.102 (Applicability) provides a list of activities that require a new conformitydetermination. The ICG will keep members informed ofany events that trigger a new conformity determination such as State Implementation Plan budget approvals oradequacy notices and anychanges in TCMs in the SIP. j. ProjectTracking and Conformity Update (23 CFR450.324 (n)(2)) The affected agencies shall evaluate federal and non-federal projects in the TPs and STIP!TIPs periodicallyto determine ifthe projects' design and scope have been revised and whetherthe projects are on schedule for implementation. Changes in the design concept, scope, or schedule for any project shall require a new emissions analysis for the next conformitydetermination.
XI. ProjectLevel Conformity DeterminationWhen New Regional Analysis is Required

a. Consultation Structureand Process Once a preferred alternative has been identified as part of the National Environmental Policy Act (NEPA) project development process, the ODOT shall initiate interagency consultation leading up to issuance ofthe associated conformity determination and NEPA project approval. In developing the project level air quality conformity analysis (AQCA), the ODOT brings importantAQCA issues to the ICG fordiscussion and feedback. The ODOT is responsible fortransmitting all materials used for these discussions to the ICG priorto the meetings, or on occasion, may distribute materials at the meetings. All materials that are relevant to interagency consultation shall be transmitted to the ICG for discussion and feedback. Similar consultation shall occur with NEPA reevaluations if a new regional analysis is required. It should be noted that NEPA reevaluations requiring a new regional conformitydemonstration arefew and infrequent.
Memorandum ofUnderstandingforConsultation and Transportation Conformity Page 12 of22If the preferred alternative was included in a previous regional conformity determination, there is no need to update the conformity demonstration as long as ODOT affirms the following in the NEPA document: (1) the current scope of the non-exempt project is consistent with the design concept and scope ofthe projects that were modeled in the most recent conformity demonstration, (2) the analysis year of each non-exempt project is consistent with the open-to-traffic dates in the most recent conformity demonstration, (3) that the previous emissions analysis meets the requirements of 40 CFR 93.118 & 119 and demonstrates conformity. Public involvement in the development ofthe NEPAdocumentshall be conducted by ODOT in accordancewith the ODOT Public Involvement Procedures. b. Localized 

### CO, PM10, and PM2.5 HotSpot Project Level Consultation Hot-spot analysis is defined in 40 CFR93.101 as an estimation oflikelyfuture localized CO, PM10, and PM2.5 pollutant concentrations and a comparison ofthose concentrations to the national ambient air quality standards. Hot-spot analysis assesses impacts on a scale smaller than the entire nonattainment or maintenance area, including, for example, congested roadway intersections and highway or transit terminals that have a significant number of diesel vehicles, and may use electronic modeling to determine the effects of emissions on airquality. Such an analysis is a means ofdemonstratingthat atransportation project meets the CAA conformity requirements to support state and local air quality goals with respectto potential localized airquality impacts (40 CFR 93.116). ICG consultation on project level conformity hereby incorporates the criteria and requirements under Section C 1-X. Specifically, the interagency consultation group, roles and responsibilities and consultation structure and process and distribution of final documents shall befollowed. In addition it is recognized that as set forth in 40 CFR 93.125(c), priorto determining that a transportation project is in conformity, the recipientoffunds designated undertitle 23 U.S.C. orthe Federal Transit Laws, FHWA, or FTA must obtain from the project sponsor and/or operatorwritten commitments to implement in the construction ofthe project and operation ofthe resulting facility orservice any project-level mitigation orcontrol measures which are identified as conditions for NEPA process completion with respect to local CO, PM 10, or PM2.5 impacts. Before a conformity determination is made, written commitments must also be obtained for project-level mitigation orcontrol measureswhich are conditions for making the project level conformity determination are included in the project design concept and scope which is used in the regional emissions analysis required by 40 CFR 93.118 and 119 or used in the project-level hot-spot analysis required by 40 CFR 93.116. Consultation on these commitments shall take place as a part of the consultation process prior to the conformityanalysis and determination. Also, as required by 93.105 (c)(4) and (c)(5): a significant change in design concept and scope shall be as defined in paragraph X(b) above. To meet statutory requirements, the Transportation Conformity Rule requires PM hot spot analyses to be performed for projects ofairquality concern located in PM2.5 nonattainment Memorandum ofUnderstandingforConsultation and Transportation Conformity Page 13 of22or maintenance areas. The focus of the rule is on what are called projects of air quality concern. These are certain highway and transit projects that involve significant levels of diesel traffic and require a hot spot analysis. These project types are defined in 40 CFR 93.123(b}(1) as thefollowing:

• New highway projects that have a significant number of diesel vehicles, and expanded highway projects that have a significant increase in the number of diesel vehicles; • Projects affecting intersectionsthat are at LOS D, E, or Fwith a significant numberof diesel vehicles, or those that will change to LOS D, E, or F because of increased traffic volumesfrom a significant numberofdiesel vehicles related to the project; • New bus and rail terminals and transfer points that have a significant number of diesel vehicles congregating at a single location; • Expanded bus and rail terminals and transfer points that significantly increase the numberofdiesel vehicles congregating at a single location. • Projects in or affecting locations, areas, or categories ofsites which are identified in the applicable PM1o, and PM2.s implementation plan or implementation plan submission, as appropriate, as sites ofviolation orpossibleviolation. The objective of the hot spot analysis is to make certain that the proposed transportation project will not cause or worsen a violation of the NAAQS. All projects located in PM nonattainment or maintenance areas that have federal funding or approval must be classified as one ofthefollowing:

• Exempt: projects that are exempt from air conformity are also exempt from hot spot analysis. • Projects Not of Air Quality Concern: if a project does not meet the criteria to be classified as exempt, ODOT shall consult with USDOT, USEPA and OEPA to determine the correct classification. Consultation procedures shall be as outlined in AppendixA unless otherwise agreed upon bythe ICG. • Projects ofAirQuality Concern: ifa project is determined to be a project ofairquality concern, consultation procedures shall be as outlined in AppendixA unless otherwise agreed upon bythe ICG Prior to December 20, 2012, ifthe project will require a qualitative hot spot analysis, the December 2010 EPA/FHWA Guidance document "Transportation Conformity Guidance for Qualitative HotspotAnalyses in PM2.5 andPM10 NonattainmentandMaintenance Areas" should be referenced for more information. After December 20, 2012, projects will be required to perform quantitative hot spot analyses using the MOVES 2012a (75 

### FR 79370). Requirements and guidance for a quantitative analysis are located in the document, "Transportation Conformity Guidance for Quantitative Hot-spot Analyses in PM2.5 and PM10 Nonattainment and Maintenance Areas", USEPA, Document EPA-420-B-10-040, issued December, 2010.

Memorandum of UnderstandingforConsultation and Transportation Conformity Page 14 of22XII. Public Involvement(Consultation) (40 CFR 93.105(e)) 

### OEPA, ODOT, and MPO public involvement procedures shall be used to solicit public comment throughout the urban transportation planning and conformity processes. In accordance with 23 CFR 450.316(b)(1)(1), any modification to these procedures requires a minimum public comment period of 45 days before the public involvement process is formally modified. The public consultation process shall be consistent with the above referenced public involvement procedures. Any charges imposed for public inspection and copying should be consistentwiththefee schedule in 49 CFR7.43. The transportation planning and conformity consultation processes shall be open to all and provide an opportunity for open participation. A cooperative effort among the affected agencies, transportation stakeholders, and the public shall be made to ensure that the process provides the opportunityfor participation ofall interested parties. All public comments for regionally significant projects not receiving FHWA and/or FTA funding or approval which have not been properly reflected in the emissions analysis supporting a proposed conformity finding for the STIP and their amendments shall be addressed in writing by ODOT. These requirements shall work in conjunction with public involvement practices established by23 CFR part 450, and enhance public involvement not only in the creation of the STIP and statewide transportation plan, but also in project selection and airqualityconformityanalysis. XIII. Resolving conflicts (40 CFR 93.105(d)) 

### 40 CFR 93.105(d) describes the process for resolving conflicts related to conformity determinations. In the event ofa conflict arising between ODOT and OEPAwhich prevents a conformity determination from being completed, staff of the agencies shall act in good faith to resolve any conflict in a manner acceptable to all parties. If the staff are unsuccessful, the agencies shall notify FHWA and USEPA, in writing ofthe conflict and the Senior Management within the agencies shall act to resolve differences in a manner acceptable to all parties. Each party shall be responsible for responding to the opposing party's concerns in writing. Once OEPA receives a letter(s) of response from ODOT, and should OEPA determine that the letter(s) of response does not adequately resolve OEPA's concerns, OEPA shall have fourteen days from the date identified by the post mark on the letter(s) ofresponse to appeal tothe Governor. IfOEPA does not appeal within thisfourteen daytimeframe, ODOT may requestthatthe final conformity determination proceed. IfOEPA appeals to the Governor, then the conformity determination must have the concurrence of the Governor before it is accepted asfinal. The Governor maydelegate his orher role in this process, but not to the director, any of the division chiefs or staff ofthe State or local air agencies, State department oftransportation, oran MPO.

Memorandum ofUnderstandingforConsultation and Transportation Conformity Page 15of22

### Execution

IN WITNESS WHEREOF, OEPA, ODOT, US EPA, FHWA, and FTA have executed this Memorandum of Understanding (MOU) as indicated bytheirsignatures on the following pages:

Memorandum of Understandingfor Consultation and Transportation Conformity Page 16 of22MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: MORPC, LCATS, Ohio EPA, Ohio DOT, FHWA, FTAand U.S. EPA Note: Signatures appearon separate, multiple pages

.

# ..;C~~~,..~;3~,=-==::_·

__Date:

# _SI.,_j_7,__/;_,_y_ CraigW. Butler, Director Ohio Environmental ProtectionAgency

Page 15 of 19MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES PARTIES: OEPA, ODOT, US EPA, FHWA, and FTA Note: Signatures appearon separate, multiple pages.

Date:

__ 

### _,t_,t'---o_z._-**-~-"'-'--'~'--** JerryWray, Director Ohio Departmen fTra

Memorandum ofUnderstanding for Consultation and Transportation Conformity Page 18 of22MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES PARTIES: OEPA, ODOT, US EPA, HIWA, and FTA Note: Signatures appearon separate, multiple pages.

Susan Hedman, Regional Administrator UnitedStates Environmental Protection Agency, Region 5

Memorandum ofUnderstanding forConsultation and Transportation Conformity o/

Page 19ol22MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES PARTIES: OEPA, ODOT, US EPA, FHWA, and FTA Note: Signaturesappearon separate, multiple pages.

ra S. Leffler/ VIS! inistrator ederal HighwaysAdministration, Ohio Division

Memorandum ofUnderstandingforConsultation and Transportation Confonmity Date:

Page20of22MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES PARTIES: OEPA, ODOT, US EPA, FHWA, and FTA Note: Signatures appearonseparate, multiple pages.

Mariso! Simon, Regional Administrator FederalTransportationAdministration- Region 5

MemorandumofUnderstandingfor Consultation andTransportation Conformity Date: 9

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Page 21 of22

## AppendixA Consultation Procedures As Used Among OEPA, ODOT, US EPA, FHWA, and FTAThefollowing outlinesthe ICG agreed upon consultation process in Ohioforprojectsthat are notofairqualityconcern. This process may be changed at anytime uponfull agreementofthe ICGwith written signature ofall parties:

1. ODOT initiates interagencyconsultationwith FHWA, Ohio EPA, and EPAto get concurrence that projects are notofairqualityconcern. (ODOT provides opening yearand designyeartrafficforecasts byADTand trucks along with a map orother graphicdenotingthe project location duringthe consultation.)
2. Ohio EPA, EPA, and FHWA providetheir response. The response shall be either concurrence thatthe project is notofairquality concern, orcommentsonwhythe project should be considered "ofconcern." 3. ODOTdocumentsthe interagencyconsultationwithin the environmental document. 4. ODOTdocumentsthatthe project is partofa conforming TIP and Metropolitan Transportation Plan (MTP) and thatthe scope ofthe project has notchanged from that included in theTIP/MTP.
5. ODOT includesthefollowing statementwithinthe environmental document: Based upon review ofthe project and through interagencyconsultation, we find that PID "XXXXX" is nota projectofairquality concern and is exempt from further hot-spotanalysis. Further, PID XXXXX is partofa conforming transportation plan and TIP and the project scope has notchanged significantlyfrom thatofthe plan and TIP. Therefore, PID "XXXXX" has met the statutory requirementsofthe Clean AirAct and conformsto the state implementation plan."The following outlinesthe agreed upon process ofagencycoordination and reviewtimes. This process may bechanged atanytime uponfull agreementofthe ICG with written signature ofall parties:
1. ODOT requests a project level conformitydeterminationfrom FHWAand includesthe hot-spot analysiswith the request; 2. FHWA requests EPA and OEPAto reviewthe hot spotanalysis; 3. EPA/OEPA provides concurrence orcommentswithin 30 daysofFHWA request; 4. FHWA provides aconformity determination to ODOTwithin 45 days ofODOT's request; 5. FHWA provides a copy ofthe conformitydetermination to EPAand OEPA; 6. ODOT includes FHWAconformitydetermination letter in the NEPAdocuments. Note: FHWA and EPAwill considerexpedited requestsforconformity as necessary.

## AttachmentA to I MOU's Between OEPA, ODOT, US EPA, FHWA, FTAandthe Individual MPOs