MEMORANDUM OF AGREEMENT FOR TRANSPORTATION CONFORMITY EVALUATIONS CONDUCTED UNDER THE 8-HOUR OZONE STANDARD BY AND BETWEEN THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, THE DENVER REGIONAL AIR QUALITY COUNCIL, THE COLORADO DEPARTMENT OF TRANSPORTATION, THE UPPER FRONT RANGE TRANSPORTATION PLANNING REGION, THE NORTH FRONT RANGE TRANSPORTATION AND AIR QUALITY PLANNING COUNCIL (a.k.a. the North Front Range MPO), AND THE DENVER REGIONAL COUNCIL OF GOVERNMENTS
March 14, 2008
Abbreviations Guide APCD

- Air Pollution Control Division AQCC

- Air Quality Control Commission, ("the Commission" ) CDPHE

- Colorado Department of Public Health and Environment COOT

- Colorado Department ofTransportation DRCOG

- Denver Regional Council ofGovernments MOA

- Memorandum ofAgreement MPA

- Metropolitan Planning Area MPO

- Metropolitan Planning Organization NFR

- North Front Range NFRT& AQPC

- North Front Range Transportation & Air Quality Planning Council (the NFR MPO) NOx- Nitrogen Oxides RAQC

- (Denver) Regional Air Quality Council SIP

- State Implementation Plan UFR

- Upper Front Range TIP

- Transportation Improvement Program TPR- Transportation Planning Region USDOT

- United States Department ofTransportation USEPA

- United States Environmental Protection Agency VOC

- Volatile Organic Compounds Terminology Consulting parties- Those agency parties involved in data and document review for the purposes making or commenting on a Conformity Determination. Includes the Air Quality Control Commission, USDOT, and USEPA, who are not signatory parties to this MOA. Signatories/Signatory parties -The parties signatory to this document. This group ofsix agencies does not include USDOT or USEPA.
On-road motor vehicle

- Refers to cars, trucks, buses, motorcycles, vans and other motorized vehicles that use public highways, streets and roadways; to be distinguished from motor vehicles that may be designed for off-road use, e.g., all-terrain vehicles, and from agricultural and construction equipment.
A. Background and Purpose The U.S. Environmental Protection Agency (USEPA) has designated an area (See map, Attachment A) inclusive ofthe Denver Metro Area and portions ofboth the North Front Range Metropolitan Planning area and the Upper Front Range Transportation Planning Region as nonattainment under the 8-hour ozone standard

. The nonattainment designation became effective November 20, 2007. The Upper Front Range TPR is not represented by a Metropolitan Planning Organization as it comprises a largely rural area. Furthermore, the TPR lacks the expertise and wherewithal to provide or purchase transportation and modeling forecasts as part ofthe Conformity Determination process for the 8-hour ozone area. Federal Transportation Regulations at 23CFR 450.314 (b) state that where a metropolitan planning area does not include an entire nonattainment area or maintenance area:"there shall be written agreement among the State Department ofTransportation, State air quality agency, affected local agencies, and the MPO describing the process for cooperative planning and analysis ofall projects outside the MPA within the nonattainment or maintenance area. The agreement must also indicated how the total transportation-related emissions for the nonattainment or maintenance area, including areas outside the MPA, will be treated for the purposes of determining conformity in accordance with EPA's transportation conformity rule (40 CFR Part 93). The agreement shall address policy mechanisms for resolving conflicts concerning transportation-related emissions

.. .(and) (c): In nonattainment or maintenance areas, ifthe MPO is not the designated agency for air quality planning

...there shall be a written agreement between the MPO and the designated air quality planning agency describing their respective roles and responsibilities for air quality related transportation planning. (d) Ifmore than one MPO has been designated to serve an urbanized area, there shall be written agreement among the MPOs, the State(s), and the public transportation operator(s) describing how the metropolitan transportation planning processes will be coordinated to assure the development ofconsistent metropolitan transportation plans and TIPs across the MPA boundaries

...." Similarly, EPA regulations at 40 CFR 93.105(e) and 51.390 require states to create consultation procedures in the SIP whereby MPO representatives, state and local air quality planning agencies, state and local transportation agencies and other organizations must consult with each other and with U.S

. Environmental Protection Agency (USEPA) and U.S. Department ofTransportation (USDOT) regarding development ofState Implementation Plans (SIPs), transportation plans, transportation improvement programs (TIPs), and Conformity Determinations. This Memorandum ofAgreement (MOA) is designed to allow for and to guide cooperative transportation planning in conformance with State air quality plans, and related review and analysis in the pursuit oftransportation Conformity Determinations associated with the 8-hour ozone State Implementation Plan (SIP)

. B. Conformity Determinations Prior to/In Lieu ofthe Establishment ofOn-Road Motor Vehicle Emission Budgets The first Conformity Determination for the area ofconcern is due November 20, 2008, as required by the federal Conformity Rule at 40 CFR 93.1 02(d)

. Since adequate or approved motor vehicle emission budgets will not be available until late 2009, one or more Conformity Determinations for the nonattainment or maintenance area ofconcern must follow the procedures at 40 CFR 93.1 09(e)(2)(iii). The Denver Regional Council ofGovernments and the North Front Range MPO shall perform transportation emissions forecasting for the respective areas described in Section C

. 1 and C

.2 for Conformity Determinations, regardless ofwhether emission budgets have been established, and regardless ofwhether overall nonattainment

-or maintenance area emission budgets or sub-area emission budgets are used

. C. Motor Vehicle Emission Budgets for the 8-Hour Ozone Nonattainment (or Maintenance) Area and Sub-Areas In the SIP development process, the Air Pollution Control Division (APCD), the North Front Range Metropolitan Planning Organization (NFRMPO), and the Regional Air Quality Council (RAQC) shall work together to propose overall area motor vehicle emission budgets for volatile organic compounds (VOC) and nitrogen oxides (NOx) for the 8-hour ozone nonattainment or maintenance area. Said budgets must be adopted by the Commission and affirmed via USEPA adequacy determinations in order to become viable for use in Conformity Determinations. Sub-area emission budgets for ozone precursors under the 8-hour ozone standard may also be proposed to the AQCC for the following two sub-areas: 1. The combined areas ofthe Denver Metro Region and the southern portion ofthe Upper Front Range Transportation Planning Region (TPR) as designated nonattainment by USEPA, i

.e., the area south ofthe north line ofTownship 3 north ofthe 6th Principal Meridian; said line is the southern boundary oftheNorth Front Range MPO extended to the east line ofWeld County. For this sub-area, the budgets for NOx and VOC shall be proposed during SIP development for the federal 8-hour ozone standard by the RAQC with input from the APCD, CDOT, DRCOG, and UFR to be considered for adoption by the Commission. 2. The combined areas ofthe North Front Range MPO area and the northern portion ofthe Upper Front Range TPR, as designated nonattainment by USEPA, i.e., the area north ofthe north line ofTownship 3 north ofthe 61h Principal Meridian; said line is the southern boundary ofthe North Front Range MPO extended to the east line ofWeld County. For this sub-area, the budgets for NOx and VOC shall be proposed determined during SIP development for under the federal 8-hour ozone standard by the NFR MPO in consultation with the APCD and the RAQC, with input from CDOT and UFR, to be considered for adoption by the Commission

. Sub-area budgets, agreed to by the signatories and approved by the Commission, may be used to measure the conformity ofplans and programs for the respective areas, once determined adequate by the USEPA. Sub-areas as described above and Conformity procedures described in this document shall remain the same when and ifthe 8-Hour Nonattainment Area is re-designated an "Attainment/Maintenance Area.
D. Granting ofAuthority, Responsibilities The Upper Front Range TPR lacks the expertise and wherewithal to provide or purchase transportation and modeling forecasts as part ofthe Conformity Determination process for the 8-hour ozone area. By this agreement: 1. The DRCOG agrees to provide transportation forecasts and make Conformity Determinations for the area described in Section C.l above. The area includes the DRCOG MPO area and other 8-hour ozone nonattainment areas within the DRCOG TPR, as well as a portion ofthe nonattainment area ofthe Upper Front Range TPR. 2. The North Front Range MPO agrees to provide transportation forecasts and make Conformity Determinations for an area described in Section C.2 above. The area includes North Front Range MPO 8- hour ozone nonattainment areas as well as portions ofthe Upper Front Range TPR nonattainment area. 3. The Upper Front Range TPR authorizes the DRCOG and the NFR MPO to prepare transportation forecasts and make Conformity Determinations for the relevant nonattainment areas ofthe Upper Front Range as described in Section C ofthis document. 4. The agreed-upon transportation forecasting authorities shall continue for the 8-Hour Ozone Area after it is re-designated "Attainment/Maintenance" status by USEPA.
E. Compensation to MPOs for Additional Responsibilities It is anticipated that over the next one-to-four years, funding will be needed for enhanced transportation forecasting and to perform Conformity Determinations for the Upper Front Range areas ofconcern. The COOT has the responsibility to fund required Conformity Determinations and associated transportation modeling efforts for areas outside ofthe MPOs. As forecasting and modeling work for the UFR will extend beyond the MPO boundaries, the CDOT will provide necessary funding to DRCOG and NFR based upon a mutually agreeable course ofaction delineating tasks, schedule, and costs among the signatory agencies. The signatory agencies will look to the USEPA and USDOT to assure consistency with federal requirements regarding tasks. The CDOT will execute separate intergovernmental agreements with the NFRMPO and DRCOG detailing the specific work that will be done for the agreedto compensation.
F. Conformity Review- Procedural The agencies shall follow the interagency consultation process and procedures identified in Colorado Air Quality Control Commission Regulation No

. 10 for sharing information and conducting review of transportation data, projections, and determining Transportation Conformity to the State Implementation Plan under the 8-hour ozone standard, and generally the process outlined in memoranda ofagreement forTransportation Conformity evaluations by and between the CDPHE and the Denver Regional Council of Governments (1998) and with the North Front Range Transportation and Air Quality Planning Council (2003). The DRCOG and NFR MPO shall provide forecasts for their respective areas as described in Section C. 1 and C.2. In cases where one Conformity finding is to be made for the overall 8-Hour Ozone Nonattainment (or Attainment/Maintenance) Area, and no sub-area emission budgets are to be used, the MPOs, in consultation with the other signatory parties and with USEPA and USDOT, shall sum the ozone precursor emissions from their respective areas for overall-Area totals ofVOC and NOx, to determine whether forecasted emissions meet the appropriate Conformity test(s)

. In such cases, the MPOsjointly shall produce one Conformity Determination document for the overall 8-Hour Ozone Nonattainment (or Attainment/Maintenance) Area. The APCD will perform independent emission budget tests and other applicable analyses for the overall Nonattainment (or Attainment/Maintenance) region and, as well as for the sub-areas described in C.l and C.2 ifsub-area budgets are to be used, within 30 days ofreceiving the final submittal oftransportation data, although such data will be submitted to the APCD as early in the process as possible. The APCD may also assist with enhanced emissions forecasting for the Upper Front Range area, or provide other in-kind assistance to emissions forecasting efforts. The 

### undcrsibned he eby agree 

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### Paul Tour.a.ngcau. Director. Air 

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### , Jennifer FincK Direct

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