Attachment A 

Memorandum of Understanding with 

The Eastgate Regional council of Governments 
MEMORANDUM OF UNDERSTANDING 

AMONG 

THE EASTGATE REGIONAL COUNCIL OF GOVERNMENTS, 

THE OHIO ENVIRONMENTAL PROTECTION AGENCY, 

THE OHIO DEPARTMENT OF TRANSPORTATION, 

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY-REGION 5, 

THE FEDERAL HIGHWAY ADMINISTRATION-OHIO DIVISION, AND 

THE FEDERAL TRANSIT ADMINISTRATION-REGION 5 

The purpose of this Memorandum of Understanding (MOU) is to implement Section 176 of the 

Clean Air Act (CAA), as amended (42 U.S.C. 7401 et seq.), the related requirements of 23 U.S. 

C. 1 09(j), and regulations under the Code of Federal Regulations (CFR) Section 40, Part 93, 

Subpart A with respect to the conformity of transportation plans, programs, and projects that are 

developed, funded or approved by the United States Department of Transportation (U.S. DOT) 

and by Metropolitan Planning Organizations (MPOs ), and the Ohio Department of 

Transportation (Ohio DOT), or other recipients of funds under title 23 U.S.C. or the Federal 

Transit Laws (49 U.S.C. Chapter 53). This MOU sets forth policy, criteria, and procedures for 

demonstrating and assuring conformity of such activities to applicable implementation plans 

developed according to Part A, Section 110 and Part D of the CAA. 

This is a MOU concerning the criteria and procedures for the conformity determination of 

transportation plans, programs and projects in the Youngstown-Warren, Ohio Metropolitan 

Statistical area for National Ambient Air Quality Standards (NAAQS), pursuant to the CAA 

Amendments of 1990. 

The six parties to this MOU are as follows, hereafter referred to as "all parties": 

Eastgate Regional Council of Governments (Eastgate) 

Federal Highway Administration-Ohio Division (FHWA-OH) 

Federal Transit Administration-Region 5 (FTA-R5) 

Ohio Department of Transportation (Ohio DOT) 

Ohio Environmental Protection Agency (Ohio EPA) 

United States Environmental Protection Agency-Region 5 (U.S. EPA-R5) 

This MOU will be submitted as a revision to the Ohio State Implementation Plan (SIP) required 

by Section 176 of the CAA Amendments of 1990 and will govern conformity determinations in 

the Eastgate area. Eastgate is the MPO for Mahoning and Trumbull counties. 

This MOU will continue to apply to any revised nonattainment area geographies resulting from 

future designations, or designation revisions for the criteria pollutants within the Eastgate area. 

Execution of this MOU by each party shall be by signature of each party's representative. 

The provisions of this MOU shall be implemented through appropriate procedures, resolutions, 

or other means, in order to comply with the requirements of all federal and state laws and 

regulations relating to the conformity determination and development of applicable 

implementation plan revisions. The roles, processes and responsibilities of each signatory to 

this MOU are defined and delineated in the MOU and Attachments A and B. 

Page 1 of 17 
Attachment A 

Transportation Air Quality Conformity Protocol 

Conformity Procedures 

In accordance with the requirements under Section 176 (c}(4)(C) of the CAA, Ohio EPA 

submitted a state implementation plan (SIP) revision to U.S. EPA on August 17, 1995. This 

submittal was found to be complete on October 5, 1995. In this submittal, Ohio EPA adopted 

State rules to meet the requirements of 40 CFR Part 51, Subpart T, as published on November 

24, 1993. Transportation conformity is required for all nonattainment or maintenance areas for 

any transportation related criteria pollutants [40 CFR 51.394 (b)]. 

On August 10, 2005, the President signed into law the Safe, Accountable, Flexible, Efficient 

Transportation Equity Act A Legacy for Users (SAFETEA-LU). SAFETEA-LU promotes more 

efficient and effective Federal surface transportation programs by focusing on transportation 

issues of national significance, while giving State and local transportation decision makers more 

flexibility for solving transportation problems in their communities. Section 6011 of SAFETEALU specifically addresses transportation conformity. One of the requirements, (f)(4)(E) states, 

"Not later than 2 years after the date of enactment of the SAFETEA-LU the 

procedures under subparagraph (A) shall include a requirement that each state 

include in the state implementation plan criteria and procedures for consultation 

required by subparagraph (D) (i), and enforcement and enforceability (pursuant 

to sections 93.125 (c) and 93.122 (a) (4) (ii) of Title 40, Code of Federal 

Regulations (CFR) in accordance with the Administrator's criteria and procedures 

for consultation, enforcement and enforceability." 

States are no longer required to adopt all of the provisions of the federal conformity rule. The 

three required SIP elements are: 

1) consultation procedures [40 CFR 93.1 05]; 

2) procedures for determining regional transportation-related 

emissions [40 CFR 93.122(a)(4)(ii)]; and 

3) enforceability of design concept and scope and project-level 

mitigation and control measures [40 CFR 93.125 (c)]. 

In accordance with 40 CFR Section 93.105, the SIP or SIP revision shall include procedures for 

interagency consultation (federal, state and local}, resolution of conflicts, and public consultation 

as described in Attachment B. Public consultation shall be developed in accordance with the 

requirements for public participation in 23 CFR Part 450. The plan shall include procedures to 

be undertaken by Eastgate, state and federal DOTs, local air quality agencies and U.S. EPA, 

prior to making conformity determinations, and by state and local air agencies and U.S. EPA 

with Eastgate, state and federal DOTs, in developing applicable implementation plans. 

Eastgate and Ohio DOT must provide reasonable opportunity for consultation with Ohio EPA, 

U.S. EPA and local air quality and transportation agencies as described in Attachment B. 

In accordance with 40 CFR section 93.122 (a)(4)(ii), prior to making a conformity determination 

on the regional transportation plans (RTPs) or transportation improvement programs (TIPs), 

Eastgate will not include emissions reduction credits from any control measures that are not 

included in their RTPs or TIPs and that do not require a regulatory action in the regional 

emissions analyses used in the conformity analyses unless Eastgate or FHWA/FTA obtains 

Page 2 of 17 
written commitments, as defined in 40 CFR section 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. Prior to making a conformity 

determination on a RTP or TIP, Eastgate will ensure the project design concept and scope are 

appropriately identified in the emissions analyses used in the regional conformity analyses. 

In accordance with 40 CFR section 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 written commitments, as defined in 40 CFR section 93.101, to implement any 

project-level mitigation or control measures in the construction or operation of the project 

identified as conditions for National Environmental Policy Act (NEPA) approval. The written 

commitments to implement those project-level mitigation or control measures must be fulfilled 

by the appropriate entities. 

Page 3 of 17 
Attachment B 

Interagency Consultation Procedures 

I. General 

Ohio EPA shall provide well-defined consultation procedures in the SIP whereby all parties to 

this MOU and other organizations with responsibilities for developing, submitting, or 

implementing provisions of a SIP must consult with each other on the development of the SIP, 

the RTPs, the TIPs, and associated conformity determinations in accordance with 40 CFR 

93.1 05(b )( 1 ). 

These procedures implement the interagency consultation process for Eastgate and include 

procedures to be undertaken by all parties to this MOU before making transportation conformity 

determinations on the RTPs and TIPs in accordance with 40 CFR 93.105(a)(1) and 40 CFR 

93.1 05(c)(3). This area's geographic coverage includes one MPO: Eastgate. Eastgate and 

Ohio DOT perform conformity analysis for the Eastgate area. This analysis is used to make a 

conformity determination for the area. 

II. Consultation on Transportation Plans, Transportation Plan Amendments, 

Transportation Improvement Programs, and Transportation Improvement 

Program Amendments [40 CFR 93.105] 

Consultation on all non-conformity related aspects of transportation plans, transportation 

improvement programs, and amendments thereto shall be governed by the applicable 

participation plans developed pursuant to 23 USC 134/49 USC 5303(i)(5), (i)(6), and (j)(4) and 

23 USC 135/49 USC 5304 (f)(3) and (g)(3). Consultation on conformity related aspects of these 

activities are delineated below. 

a) Consultation on Transportation Plan and Transportation Plan Amendment 

Conformity Process 

Following Eastgate's notice that the transportation plan's air quality conformity 

process has been initiated, interagency consultation will define the procedures and 

parameters by which conformity will be established. Eastgate and Ohio DOT will 

coordinate the interagency consultation process. In accordance with 40 CFR 93.105 

(c), interagency consultation will include the following topics, as appropriate: 

• travel forecasting and modeling assumptions; 

• latest planning assumptions; 

• motor vehicle emission factors to be used in conformity analysis; 

• appropriate analysis years; 

• treatment of regionally significant projects (federal and non-federal funded) 

assumed in the transportation network and the year of operation; 

• treatment of regionally significant projects that span MPO boundaries; 

• status of TCM implementation; 

• financial constraints and other requirements that affect conformity pursuant to 

Federal Statewide and Metropolitan Planning regulations; 

• reliance on a previous regional emissions analysis; 

• conformity process public participation procedures; and 

• the need for interim RTPs (in the event of a conformity lapse). 

Page 4 of 17 
Eastgate is the lead agency for development of its transportation plans and 

amendments thereto. Eastgate is lead agency for the conformity analyses for 

Mahoning and Trumbull Counties. The interagency consultation parties will 

participate in the plan development process, review associated documentation, and 

collaboratively establish the procedures and parameters for determining 

transportation plan conformity. 

If new designations for criteria pollutants occur that expand analyses areas beyond 

those defined above, interagency consultation will determine the parties responsible 

for conducting those analyses in accordance with 40 CFR 93.105(c)(2)(ii). 

Following Eastgate's approval of their final transportation plan and conformity finding, 

Ohio DOT will provide the final transportation plans and conformity documentation to 

FHWA/FTA for joint review as required by 40 CFR 93.105 (c)(7) and 23 CFR 

450.322 of the FHWA/FTA Statewide and Metropolitan Planning rule. Copies of the 

final transportation plans and conformity documentation also will be made available 

on the Eastgate Web site. 

b) Consultation and Notification Procedures for Conformity Analysis of TIP and 

TIP Amendments 

Following Eastgate's notice that the TIP air quality conformity process has been 

initiated, interagency consultation will define the procedures and parameters by 

which conformity will be established. Eastgate and Ohio DOT will coordinate the TIP 

transportation conformity interagency consultation process. Interagency consultation 

will include the same topics listed for the transportation plan (see Section II. a) as 

well as the additional topics listed below in accordance with 40 CFR 93.105 (c). 

• identification of exempt TIP projects; 

• identification of exempt projects which should be treated as nonexempt; and 

• determination of an interim TIP (in the event of a conformity lapse) inclusive of 

projects that can advance during a conformity lapse. 

For TIP amendments, Eastgate and Ohio DOT will consult as identified below: 

Consultation required in situations requiring a conformity determination, including but 

not limited to: 

• add a regionally significant project to the TIP when it has already been 

appropriately accounted for in the regional emissions analysis for the 

transportation plan; 

• add a non-regionally significant project to the TIP; 

• add non-exempt, regionally significant project that has not been accounted for in 

the regional emissions analysis; and 

• change in non-exempt, regionally significant project that is not consistent with the 

design concept and scope or the conformity analyses years. 

After Eastgate approves its final TIP and conformity finding, Eastgate will provide the 

final TIP and conformity documentation to Ohio DOT. Ohio DOT will forward the 

documents to FHWA/FTA for joint review as required by 40 CFR 93.105 (c)(7) and 

23 CFR 450.322 of the FHWA/FTA Statewide and Metropolitan Planning rule. 

Page 5 of 17 
Copies of the final TIPs and conformity documentation will be made available on 

Eastgate's Web site. 

Ill. Transportation Plan and Transportation Improvement Program Interagency 

Consultation Agency Roles and Responsibilities [40 CFR 93.105(b)(2)] 

Ohio EPA 

• Reviews and comments on all aspects of the conformity determinations for the 

RTP and TIP in a timely manner. 

• Develops, solicits input on and adopts motor vehicle emission budgets. 

• Seeks U.S. EPA approval for the use of motor vehicle emissions factors and 

mobile source budgets in conformity analyses. 

• Reviews and comments on the transportation plan and TIP development 

documentation and associated air quality analyses in a timely manner. 

Ohio DOT 

• Participates as a voting member of the Eastgate MPO governing body and 

associated committees as defined by their respective codes of regulations and/or 

agency bylaws. 

• Project initiator for state sponsored transportation improvement projects in the 

Eastgate region. 

• Works directly with Eastgate in providing and reviewing detailed project 

programming information. 

• Defines the design concept and scope of state sponsored transportation 

improvement projects to conduct regional emissions analysis. 

• Promptly notifies Eastgate of changes in design concept and scope, cost, and 

implementation year of regionally significant state sponsored projects. 

• Assures project level CO and PM hotspot analyses are included in Eastgate 

region transportation project NEPA documentation. 

• Identifies and commits to project level CO and PM mitigation measures for state 

sponsored transportation projects, as required;. 

• Implements TCMs for which Ohio DOT is responsible in a timely fashion. 

• Works with local municipalities and other project sponsors to ensure that the 

above procedures are also implemented on locally sponsored highway projects. 

• Assists Eastgate with travel demand modeling and mobile source emissions 

estimating processes. 

Eastgate 

• Develop, coordinate, and circulate transportation plan and TIP supporting and 

technical documentation for interagency consultation and public participation. 

• Conduct transportation plan/TIP and air quality conformity public participation 

processes. 

• Maintain demographic and land use data for travel demand forecasting and 

regional emissions analysis. 

• Work with Ohio DOT and local sponsors to define the design concept and scope 

of projects in the transportation plan and TIP to conduct regional emissions 

analyses. 

• Prepare transportation plan/TIP conformity documentation. 

• Include funding for SIP mandated TCMs in the transportation plan and TIP. 

• Adopt transportation plan/TIP and make conformity determinations. 

Page 6 of 17 
U.S. EPA 

• Administers and provides guidance on the Clean Air Act and Transportation 

Conformity regulations. 

• Determines adequacy of motor vehicle emissions budgets used for making 

conformity determinations. 

• Reviews and comments on transportation plan and transportation improvement 

program documentation in keeping with participation plan requirements. 

• Reviews and comments on conformity determinations for the transportation plans 

and transportation improvement programs. 

FHWAIFTA 

• Consult with U.S. EPA on conformity determinations .. 

• Provide guidance on transportation planning regulations. 

• Ensure that all transportation planning and transportation conformity 

requirements contained in 23 CFR Part 450 and 40 CFR Part 93, respectively, 

are met. 

• Work with transit agencies to ensure that conformity procedures are implemented 

in transit agency-sponsored projects. 

• Make transportation plan/TIP conformity determinations 

IV. State Implementation Plan (SIP) Consultation Process [40 CFR 93.105] 

a) SIP Consultation Structure and Process 

Ohio EPA is responsible for preparing the SIP. If new transportation control 

strategies or TCMs are considered necessary to achieve and/or maintain federal air 

quality standards, the interagency consultation group will discuss possible TCMs for 

inclusion in the SIP. Ohio EPA will provide and update schedules for SIP 

development that will be available to all agencies and the public. Public involvement 

will be in accordance with Ohio EPA's public involvement procedures. Key 

documents will be posted on Ohio EPA's Web site. 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. Pursuant to 40 CFR 

93.105 (b)(2)(vi) the SIP will include a process to develop and evaluate 

transportation control measures as may be suggested by Eastgate, Ohio DOT and 

other agencies and the public. 

Eastgate and Ohio DOT develop the travel activity and emissions data that are used 

by Ohio EPA in establishing the on-road motor vehicle emission inventories for the 

SIP with consultation from Ohio EPA on the inputs for Mobile modeling. 

If new transportation control strategies are considered that may aid the region to 

achieve and/or maintain federal air quality standards, Ohio EPA will provide Eastgate 

and Ohio DOT with guidance for estimating their impacts on regional emissions. 

Ohio EPA will utilize the results of these analyses to evaluate the measures and 

receive public comment on potential new measures through the SIP consultation 

process. This SIP process will define the motor vehicle emissions budget (MVEB), 

and its various components, that will be used for future conformity determinations of 

the RTP and TIP. Prior to publishing the draft SIP, Eastgate and Ohio DOT will have 

an opportunity to review and comment on the proposed MVEB. 

Page 7 of 17 
In accordance with 40 CFR 93.105 (b)(2)(iii) and 40 CFR 93.105 (c)(?) Ohio EPA will 

circulate the draft SIP for public review, and all comments will be responded to in 

writing prior to adoption of the SIP. The draft will be amended as needed in 

response to comments received. Ohio EPA will then transmit the final document with 

amendments, along with the public notice, public hearing transcript and a summary 

of comments and responses, to U.S. EPA. 

b) Agency Roles and Responsibilities [40 CFR 93.105(b)(2)(i)J 

The following provides a summary on the roles and responsibilities of the different 

agencies with involvement in development and review of SIP submittals dealing with 

TCMs or emissions budgets. 

Ohio EPA 

• Responsible for air quality monitoring, preparation and maintenance of detailed 

and comprehensive emissions inventories, air quality modeling, and other air 

quality planning and control responsibilities. 

• Responsible for preparing drafts of SIP submittals, revising those drafts, 

incorporating other agencies' comments, attending and scheduling public 

hearings, preparing public hearing transcripts and responding to public 

comments. 

• Responsible for timely SIP submittal to U.S. EPA. 

Ohio DOT 

• Assists in developing regional travel demand forecasts used in the SIP mobile 

emissions inventories and analyses of new TCMs. 

• Assists in developing mobile source inventories and analyses as needed. 

• Participates in reviewing and commenting on draft SIP documents. 

Eastgate 

• Responsible for developing regional travel demand forecasts used in the SIP 

emissions inventories and analyses of new TCMs. 

• Monitor and report on implementation of federal TCMs. 

• Responsible for providing review and comments on draft SIP documents. 

U.S. EPA 

• Receives the Ohio EPA SIP submittals and has the responsibility to act on them 

in a timely manner. 

• Directly influences the content of the submittals through regulations implementing 

the federal Clean Air Act and has the opportunity to influence the submittals 

through various meetings, workshops and hearing that are conducted. 

• Provides guidance on the Clean Air Act. 

• Determines adequacy of motor vehicle emissions budget used for making 

conformity determinations. 

• Provides concurrence with TCM substitution in the SIP. 

FHWAIFTA 

• Provides guidance on transportation planning regulation. 

• Participates in the SIP review and comment process. 

Page 8 of 17 
Please note: while these are key areas and agencies involved in the development of the 

SIP, participation in the SIP process by other agencies may occur. 

V. Project Level Conformity Determinations for Carbon Monoxide (CO) and/or 

Fine Particulate Matter (PM2.5) [40 CFR 93.105 (c)(1)(i)] 

Project sponsors are required to conduct project level conformity analyses by the FHWAIFTA 

NEPA process. FHWAIFTA are responsible for making all project-level conformity 

determinations. FHWAIFTA, with the participation of U.S. EPA, identifies the applicable 

procedures for CO and/or PM2 5 analyses. Project sponsors should use the most recently 

identified procedures. In accordance with 40 CFR 93.105 (c)( 1 )(i) and other applicable 

regulations, Ohio DOT will determine the following: 

1. That FHWA/FTA, with U.S. EPA review participation, has approved the projectlevel CO and/or PM2 5 conformity analyses which are included in the project's 

environmental document prior to initiating federal authorizations. 

2. That the design concept and scope of the project has not changed significantly 

from that used by Eastgate and Ohio DOT in the most recent regional 

transportation conformity analyses of the RTP and TIP. 

The Eastgate governing board or policy committee may periodically review and participate with 

Ohio DOT and other agencies as appropriate in the update of the CO and/or PM2.

5 analyses. 

Through the NEPA process, Ohio DOT may provide technical guidance to project sponsors who 

use these procedures. 

VI. Monitoring of Transportation Control Measures (TCMs) 

[40 CFR 93.105 (c)(iv)] 

As part of the conformity documentation for an RTP and/or TIP, Eastgate will identify the status 

of SIP TCMs. If TCM emissions reductions are included as part of the motor vehicle emissions 

budget, Eastgate will estimate the portion of emission reductions that have been achieved. If 

there are funding or scheduling issues for a SIP transportation control measure, Eastgate will 

describe the steps being undertaken to overcome these obstacles, including means to ensure 

that funding agencies are giving these TCMs maximum priority. Eastgate may propose 

substitution of a new TCM for all or a portion of an existing TCM that is experiencing 

implementation difficulties (see Section VII below). 

VII. Substitution ofTCMs in the SIP [40 CFR 93.105 (c)(iv)] 

Eastgate shall prepare information on and documentation of the substitute TCM(s) and submit it 

to Ohio EPA and U.S. EPA for review and comment. Ohio EPA will work with Eastgate and 

U.S. EPA in order to ensure that the requested revision provides an emission reduction 

equivalent to the original SIP TCM(s) and will officially submit the document to U.S. EPA for 

approval. Following US EPA approval of the substitute TCM(s), Eastgate will amend the TCM 

in to its RTP and TIP and work with the affected project sponsor to implement the TCM. 

Page 9 of 17 
VIII. Conflict Resolution [40 CFR 93.105 (d)] 

Conflicts between any parties of this MOU that arise during consultation will be resolved as 

follows: 

1. A statement of the nature of the conflict will be prepared and agreed to by the 

conflicting parties and shared with the remaining signatories. 

2. Disagreeing parties will consult in a good faith effort to resolve the conflict in a 

manner acceptable to all parties. 

3. If they are unsuccessful, the directors of the signatory agencies or their 

designees shall meet to resolve differences in a manner acceptable to all parties. 

4. If none of the above steps produces a satisfactory resolution, any participant to 

this agreement has 14 days to appeal to the Governor. If a party other than Ohio 

EPA appeals to the Governor, that participant must inform the Ohio EPA of the 

Governor's response to the appeal. Ohio EPA has 14 calendar days from that 

notification to appeal to the Governor if it disagrees with the response. The 

implementation plan revision required by 40 CFR 51.390 shall define the 

procedures for starting the 14-day clock. If Ohio EPA appeals to the Governor, 

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

Ohio EPA does not appeal to the Governor within 14 days, Eastgate and Ohio 

DOT may proceed with the final conformity determinations. The Governor may 

delegate his or her role in the process, but the head or staff of Ohio EPA, Ohio 

DOT, and Eastgate may not delegate their respective roles. 

IX. Public Consultation Procedures [40 CFR 93.105 (e)] 

Eastgate will follow its adopted public participation procedures when making conformity 

determinations on transportation plans and programs. These procedures establish a proactive 

public participation process which provides opportunity for public review and comment by, at a 

minimum, providing reasonable public access to technical and policy information considered by 

Eastgate at the beginning of the public comment period and prior to taking formal action on a 

conformity determination for the RTP and TIP, consistent with these requirements and those of 

23 CFR 450.316(a). Meetings of Eastgate are open to the public. Any charges imposed for 

public inspection and copying should be consistent with the fee schedule contained in 49 CFR 

7.43. Eastgate also shall provide opportunity for public participation in conformity 

determinations for projects where otherwise required by law. 

Page10of17 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: Eastgate, Ohio EPA, Ohio DOT, FHWA, FTA and U.S.EPA 

LIST of SIGNATORIES 

Note: Signatures appear on separate, multiple pages. 

John R. Getchey, P.E. 

Executive Director 

Eastgate Regional Council of Governments 

Glenn W. Holmes 

Chairman 

Eastgate Regional Council of Governments 

Scott J. Nally 

Director 

Ohio Environmental Protection Agency 

Jerry Wray 

Director 

Ohio Department of Transportation 

Susan Hedman 

Regional Administrator 

Region 5 

U.S. Environmental Protection Agency 

Laura S. Leffler 

Division Administrator 

Ohio Division 

Federal Highway Administration 

FHWA-OH is lead for US. DOT 

Marisol Simon 

Regional Administrator 

Region 5 

Federal Transit Authority 

Page 11 of 17 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: Eastgate, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

/~\ 

/ ' ( ' ' '. ?'/~~~~ ... /~'7//V'; 

. , Date:--'---'---- (~91'(n R. Getchey, P.E., Executive Director 

C:astgate Regional Council of Governments 

.AA4'4 rv. &tit~ Glenn W. Holmes, Chairman 

Eastgate Regional Council of Governments 

Page 12 of 17 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: Eastgate, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

----;t."--'¥"'-"'-~=:..._.:'"""'"""""-. C~r<~. ____ Date: 

Craig ~r, Director 

Ohio Environmental Protection Agency 

Page 13 of 17 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: Eastgate, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

Page 14 of 17 
MEMORANDUM OF UNDERSTANDING 

TRANSPORT A T!ON CONFORMITY 

CONSULTATION PROCEDURES 

Parties: Eastgate, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

_ Date:-'--'-----'--

Susan Hedman, Regional Administrator 

U.S. Environmental Protection Agency-Region 5 

Page 15 of 17 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: Eastgate, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

CJ_~~~~~q~f;:A~~ Date: 1- Bo -..:::Wt3 

ura S. Leffler, o· i on nistrator 

ederal Highway ministration-Ohio Division 

Page 16 of 17 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: Eastgate, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

::-:-~-:--:-=-:-- ---::~:'-:--· --=/--=-· -,--::--.,.--.,.--,--..Date: 

Marisol Simon, Regional Administrator 

Federal Transit Administration-Region 5 

Page17of17 
Attachment B 

Memorandum of Understanding with 

The Toledo Metropolitan Area Council of Governments 
MEMORANDUM OF UNDERSTANDING 

AMONG 

THE TOLEDO METROPOLITAN AREA COUNCIL OF GOVERNMENTS, 

THE OHIO ENVIRONMENTAL PROTECTION AGENCY, 

THE OHIO DEPARTMENT OF TRANSPORTATION, 

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY-REGION 5, 

THE FEDERAL HIGHWAY ADMINISTRATION-OHIO DIVISION, AND 

THE FEDERAL TRANSIT ADMINISTRATION-REGION 5 

The purpose of this Memorandum of Understanding (MOU) is to implement Section 176 of the 

Clean Air Act (CAA), as amended (42 U.S.C. 7401 et seq.), the related requirements of 23 U.S. 

C. 1 090), and regulations under the Code of Federal Regulations (CFR) Section 40, Part 93, 

Subpart A with respect to the conformity of transportation plans, programs, and projects that are 

developed, funded or approved by the United States Department of Transportation (U.S. DOT) 

and by Metropolitan Planning Organizations (MPOs ), and the Ohio Department of 

Transportation (Ohio DOT), or other recipients of funds under title 23 U.S.C. or the Federal 

Transit Laws (49 U.S.C. Chapter 53). This MOU sets forth policy, criteria, and procedures for 

demonstrating and assuring conformity of such activities to applicable implementation plans 

developed according to Part A, Section 110 and Part D of the CAA. 

This is a MOU concerning the criteria and procedures for the conformity determination of 

transportation plans, programs and projects in the Toledo, Ohio Metropolitan Statistical areas 

for National Ambient Air Quality Standards (NAAQS), pursuant to the CAA Amendments of 

1990. 

The six parties to this MOU are as follows, hereafter referred to as "all parties": 

Federal Highway Administration-Ohio Division (FHWA-OH) 

Federal Transit Administration-Region 5 (FTA-R5) 

Ohio Department of Transportation (Ohio DOT) 

Ohio Environmental Protection Agency (Ohio EPA) 

Toledo Metropolitan Area Council of Governments (TMACOG) 

United States Environmental Protection Agency-Region 5 (U.S. EPA-R5) 

This MOU will be submitted as a revision to the Ohio State Implementation Plan (SIP) required 

by Section 176 of the CAA Amendments of 1990 and will govern conformity determinations in 

the TMACOG area. TMACOG is the MPO for Lucas and Wood counties. 

This MOU will continue to apply to any revised nonattainment area geographies resulting from 

future designations, or designation revisions for the criteria pollutants within the TMACOG area. 

Execution of this MOU by each party shall be by signature of each party's representative. 

The provisions of this MOU shall be implemented through appropriate procedures, resolutions, 

or other means, in order to comply with the requirements of all federal and state laws and 

regulations relating to the conformity determination and development of applicable 

implementation plan revisions. The roles, processes and responsibilities of each signatory to 

this MOU are defined and delineated in the MOU and Attachments A and B. 

Page 1 of 17 
Attachment A 

Transportation Air Quality Conformity Protocol 

Conformity Procedures 

In accordance with the requirements under Section 176 (c)(4)(C) of the CAA, Ohio EPA 

submitted a state implementation plan (SIP) revision to U.S. EPA on August 17, 1995. This 

submittal was found to be complete on October 5, 1995. In this submittal, Ohio EPA adopted 

State rules to meet the requirements of 40 CFR Part 51, Subpart T, as published on November 

24, 1993. Transportation conformity is required for all nonattainment or maintenance areas for 

any transportation related criteria pollutants [40 CFR 51.394 (b)]. 

On August 10, 2005, the President signed into law the Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for Users (SAFETEA-LU). SAFETEA-LU promotes more 

efficient and effective Federal surface transportation programs by focusing on transportation 

issues of national significance, while giving State and local transportation decision makers more 

flexibility for solving transportation problems in their communities. Section 6011 of SAFETEALU specifically addresses transportation conformity. One of the requirements, (f)( 4 )(E) states, 

"Not later than 2 years after the date of enactment of the SAFETEA-LU the 

procedures under subparagraph (A) shall include a requirement that each state 

include in the state implementation plan criteria and procedures for consultation 

required by subparagraph (D) (i), and enforcement and enforceability (pursuant 

to sections 93.125 (c) and 93.122 (a) (4) (ii) of Title 40, Code of Federal 

Regulations (CFR) in accordance with the Administrator's criteria and procedures 

for consultation, enforcement and enforceability." 

States are no longer required to adopt all of the provisions of the federal conformity rule. The 

three required SIP elements are: 

1) consultation procedures [40 CFR 93.105]; 

2) procedures for determining regional transportation-related 

emissions [40 CFR 93.122(a)(4)(ii)]; and 

3) enforceability of design concept and scope and project-level 

mitigation and control measures [40 CFR 93.125 (c)]. 

In accordance with 40 CFR Section 93.105, the SIP or SIP revision shall include procedures for 

interagency consultation (federal, state and local), resolution of conflicts, and public consultation 

as described in Attachment B. Public consultation shall be developed in accordance with the 

requirements for public participation in 23 CFR Part 450. The plan shall include procedures to 

be undertaken by TMACOG, state and federal DOTs, local air quality agencies and U.S. EPA, 

prior to making conformity determinations, and by state and local air agencies and U.S. EPA 

with TMACOG, state and federal DOTs, in developing applicable implementation plans. 

TMACOG and Ohio DOT must provide reasonable opportunity for consultation with Ohio EPA, 

U.S. EPA and local air quality and transportation agencies as described in Attachment B. 

In accordance with 40 CFR section 93.122 (a)(4)(ii), prior to making a conformity determination 

on the regional transportation plans (RTPs) or transportation improvement programs (TIPs), 

TMACOG will not include emissions reduction credits from any control measures that are not 

included in their RTPs or TIPs and that do not require a regulatory action in the regional 

emissions analyses used in the conformity analyses unless TMACOG or FHWAIFTA obtains 

Page 2 of 17 
written commitments, as defined in 40 CFR section 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. Prior to making a conformity 

determination on a RTP or TIP, TMACOG will ensure the project design concept and scope are 

appropriately identified in the emissions analyses used in the regional conformity analyses. 

In accordance with 40 CFR section 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 written commitments, as defined in 40 CFR section 93.101, to implement any 

project-level mitigation or control measures in the construction or operation of the project 

identified as conditions for National Environmental Policy Act (NEPA) approval. The written 

commitments to implement those project-level mitigation or control measures must be fulfilled 

by the appropriate entities. 

Page 3 of 17 
Attachment B 

Interagency Consultation Procedures 

I. General 

Ohio EPA shall provide well-defined consultation procedures in the SIP whereby all parties to 

this MOU and other organizations with responsibilities for developing, submitting, or 

implementing provisions of a SIP must consult with each other on the development of the SIP, 

the RTPs, the TIPs, and associated conformity determinations in accordance with 40 CFR 

93.105(b)(1). 

These procedures implement the interagency consultation process for TMACOG and include 

procedures to be undertaken by all parties to this MOU before making transportation conformity 

determinations on the RTPs and TIPs in accordance with 40 CFR 93.1 05(a)(1) and 40 CFR 

93.105(c)(3). This area's geographic coverage includes one MPO, TMACOG. TMACOG and 

Ohio DOT perform conformity analysis for the TMACOG area. This analysis is used to make a 

conformity determination for the area. 

II. Consultation on Transportation Plans, Transportation Plan Amendments, 

Transportation Improvement Programs, and Transportation Improvement 

Program Amendments [40 CFR 93.105] 

Consultation on all non-conformity related aspects of transportation plans, transportation 

improvement programs, and amendments thereto shall be governed by the applicable 

participation plans developed pursuant to 23 USC 134/49 USC 5303(i)(5), (i)(6), and U)(4) and 

23 USC 135/49 USC 5304 (f)(3) and (g)(3). Consultation on conformity related aspects of these 

activities are delineated below. 

a) Consultation on Transportation Plan and Transportation Plan Amendment 

Conformitv Process 

Following TMACOG's notice that the transportation plan's air quality conformity 

process has been initiated, interagency consultation will define the procedures and 

parameters by which conformity will be established. TMACOG and Ohio DOT will 

coordinate the interagency consultation process. In accordance with 40 CFR 93.105 

(c), interagency consultation will include the following topics, as appropriate: 

• travel forecasting and modeling assumptions; 

• latest planning assumptions; 

• motor vehicle emission factors to be used in conformity analysis; 

• appropriate analysis years; 

• treatment of regionally significant projects (federal and non-federal funded) 

assumed in the transportation network and the year of operation; 

• treatment of regionally significant projects that span MPO boundaries; 

• status of TCM implementation; 

• financial constraints and other requirements that affect conformity pursuant to 

Federal Statewide and Metropolitan Planning regulations; 

• reliance on a previous regional emissions analysis; 

• conformity process public participation procedures; and 

• the need for interim RTPs (in the event of a conformity lapse). 

Page 4 of 17 
TMACOG is the lead agency for development of its transportation plans and 

amendments thereto. TMACOG is lead agency for the conformity analyses for 

Lucas and Woo Counties. The interagency consultation parties will participate in the 

plan development process, review associated documentation, and collaboratively 

establish the procedures and parameters for determining transportation plan 

conformity. 

If new designations for criteria pollutants occur that expand analyses areas beyond 

those defined above, interagency consultation will determine the parties responsible 

for conducting those analyses in accordance with 40 CFR 93.1 05( c)(2)(ii). 

Following TMACOG's approval of their final transportation plan and conformity 

finding, Ohio DOT will provide the final transportation plans and conformity 

documentation to FHWA/FTA for joint review as required by 40 CFR 93.105 (c)(7) 

and 23 CFR 450.322 of the FHWA/FTA Statewide and Metropolitan Planning rule. 

Copies of the final transportation plans and conformity documentation also will be 

made available on the TMACOG Web site. 

b) Consultation and Notification Procedures for Conformity Analysis of TIP and 

TIP Amendments 

Following TMACOG's notice that the TIP air quality conformity process has been 

initiated, interagency consultation will define the procedures and parameters by 

which conformity will be established. TMACOG and Ohio DOT will coordinate the 

TIP transportation conformity interagency consultation process. Interagency 

consultation will include the same topics listed for the transportation plan (see 

Section II. a) as well as the additional topics listed below in accordance with 40 CFR 

93.105 (c). 

• identification of exempt TIP projects; 

• identification of exempt projects which should be treated as nonexempt; and 

• determination of an interim TIP (in the event of a conformity lapse) inclusive of 

projects that can advance during a conformity lapse. 

For TIP amendments, TMACOG and Ohio DOT will consult as identified below: 

Consultation required in situations requiring a conformity determination, including but 

not limited to: 

• add a regionally significant project to the TIP when it has already been 

appropriately accounted for in the regional emissions analysis for the 

transportation plan; 

• add a non-regionally significant project to the TIP; 

• add non-exempt, regionally significant project that has not been accounted for in 

the regional emissions analysis; and 

• change in non-exempt, regionally significant project that is not consistent with the 

design concept and scope or the conformity analyses years. 

After TMACOG approves its final TIP and conformity finding, TMACOG will provide 

the final TIP and conformity documentation to Ohio DOT. Ohio DOT will forward the 

documents to FHWA/FTA for joint review as required by 40 CFR 93.105 (c)(7) and 

23 CFR 450.322 of the FHWA/FTA Statewide and Metropolitan Planning rule. 

Page 5 of 17 
Copies of the final TIPs and conformity documentation will be made available on 

TMACOG's Web site. 

Ill. Transportation Plan and Transportation Improvement Program Interagency 

Consultation Agency Roles and Responsibilities [40 CFR 93.105(b)(2)] 

Ohio EPA 

• Reviews and comments on all aspects of the conformity determinations for the 

RTP and TIP in a timely manner. 

• Develops, solicits input on and adopts motor vehicle emission budgets. 

• Seeks U.S. EPA approval for the use of motor vehicle emissions factors and 

mobile source budgets in conformity analyses. 

• Reviews and comments on the transportation plan and TIP development 

documentation and associated air quality analyses in a timely manner. 

Ohio DOT 

• Participates as a voting member of the TMACOG MPO governing body and 

associated committees as defined by their respective codes of regulations and/or 

agency bylaws. 

• Project initiator for state sponsored transportation improvement projects in the 

TMACOG region. 

• Works directly with TMACOG in providing and reviewing detailed project 

programming information. 

• Defines the design concept and scope of state sponsored transportation 

improvement projects to conduct regional emissions analysis. 

• Promptly notifies TMACOG of changes in design concept and scope, cost, and 

implementation year of regionally significant state sponsored projects. 

• Assures project level CO and PM hotspot analyses are included in TMACOG 

region transportation project NEPA documentation. 

• Identifies and commits to project level CO and PM mitigation measures for state 

sponsored transportation projects, as required;. 

• Implements TCMs for which Ohio DOT is responsible in a timely fashion. 

• Works with local municipalities and other project sponsors to ensure that the 

above procedures are also implemented on locally sponsored highway projects. 

• Assists TMACOG with travel demand modeling and mobile source emissions 

estimating processes. 

TMACOG 

• Develop, coordinate, and circulate transportation plan and TIP supporting and 

technical documentation for interagency consultation and public participation. 

• Conduct transportation plan/TIP and air quality conformity public participation 

processes. 

• Maintain demographic and land use data for travel demand forecasting and 

regional emissions analysis. 

• Work with Ohio DOT and local sponsors to define the design concept and scope 

of projects in the transportation plan and TIP to conduct regional emissions 

analyses. 

• Prepare transportation plan/TIP conformity documentation. 

• Include funding for SIP mandated TCMs in the transportation plan and TIP. 

• Adopt transportation plan/TIP and make conformity determinations. 

Page 6 of 17 
U.S. EPA 

• Administers and provides guidance on the Clean Air Act and Transportation 

Conformity regulations. 

• Determines adequacy of motor vehicle emissions budget used for making 

conformity determinations. 

• Reviews and comments on transportation plan and transportation improvement 

program documentation in keeping with participation plan requirements. 

• Reviews and comments on conformity determinations for the transportation plans 

and transportation improvement programs. 

FHWAIFTA 

• Consult with U.S. EPA on conformity determinations. 

• Provide guidance on transportation planning regulations. 

• Ensure that all transportation planning and transportation conformity 

requirements contained in 23 CFR Part 450 and 40 CFR Part 93, respectively, 

are met 

• Work with transit agencies to ensure that conformity procedures are implemented 

in transit agency-sponsored projects. 

• Make transportation plan/TIP conformity determinations 

IV. State Implementation Plan (SIP) Consultation Process [40 CFR 93.105] 

a) SIP Consultation Structure and Process 

Ohio EPA is responsible for preparing the SIP. If new transportation control 

strategies or TCMs are considered necessary to achieve and/or maintain federal air 

quality standards, the interagency consultation group will discuss possible TCMs for 

inclusion in the SIP. Ohio EPA will provide and update schedules for SIP 

development that will be available to all agencies and the public. Public involvement 

will be in accordance with Ohio EPA's public involvement procedures. Key 

documents will be posted on Ohio EPA's Web site. 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. Pursuant to 40 CFR 

93.105 (b )(2)(vi) the SIP will include a process to develop and evaluate 

transportation control measures as may be suggested by TMACOG, Ohio DOT and 

other agencies and the public. 

TMACOG and Ohio DOT develop the travel activity and emissions data that are used 

by Ohio EPA in establishing the on-road motor vehicle emission inventories for the 

SIP with consultation from Ohio EPA on the inputs for Mobile modeling. 

If new transportation control strategies are considered that may aid the region to 

achieve and/or maintain federal air quality standards, Ohio EPA will provide 

TMACOG and Ohio DOT with guidance for estimating their impacts on regional 

emissions. Ohio EPA will utilize the results of these analyses to evaluate the 

measures and receive public comment on potential new measures through the SIP 

consultation process. This SIP process will define the motor vehicle emissions 

budget (MVEB), and its various components, that will be used for future conformity 

determinations of the RTP and TIP. Prior to publishing the draft SIP, TMACOG and 

Ohio DOT will have an opportunity to review and comment on the proposed MVEB. 

Page 7 of 17 
• 

In accordance with 40 CFR 93.105 (b)(2)(iii) and 40 CFR 93.105 (c)(7) Ohio EPA will 

circulate the draft SIP for public review, and all comments will be responded to in 

writing prior to adoption of the SIP. The draft will be amended as needed in 

response to comments received. Ohio EPA will then transmit the final document with 

amendments, along with the public notice, public hearing transcript and a summary 

of comments and responses, to U.S. EPA. 

b) Agency Roles and Responsibilities [40 CFR 93.105(b)(2)(i)] 

The following provides a summary on the roles and responsibilities of the different 

agencies with involvement in development and review of SIP submittals dealing with 

TCMs or emissions budgets. 

Ohio EPA 

• Responsible for air quality monitoring, preparation and maintenance of detailed 

and comprehensive emissions inventories, air quality modeling, and other air 

quality planning and control responsibilities. 

• Responsible for preparing drafts of SIP submittals, revising those drafts, 

incorporating other agencies' comments, attending and scheduling public 

hearings, preparing public hearing transcripts and responding to public 

comments. 

• Responsible for timely SIP submittal to U.S. EPA. 

Ohio DOT 

• Assists in developing regional travel demand forecasts used in the SIP mobile 

emissions inventories and analyses of new TCMs. 

• Assists in developing mobile source inventories and analyses as needed. 

• Participates in reviewing and commenting on draft SIP documents. 

TMACOG 

• Responsible for developing regional travel demand forecasts used in the SIP 

emissions inventories and analyses of new TCMs. 

• Monitor and report on implementation of federal TCMs. 

• Responsible for providing review and comments on draft SIP documents. 

U.S. EPA 

• Receives the Ohio EPA SIP submittals and has the responsibility to act on them 

in a timely manner. 

• Directly influences the content of the submittals through regulations implementing 

the federal Clean Air Act and has the opportunity to influence the submittals 

through various meetings, workshops and hearing that are conducted. 

• Provides guidance on the Clean Air Act. 

• Determines adequacy of motor vehicle emissions budget used for making 

conformity determinations. 

• Provides concurrence with TCM substitution in the SIP. 

FHWAIFTA 

• Provides guidance on transportation planning regulation. 

• Participates in the SIP review and comment process. 

Page 8 of 17 
Please note: while these are key areas and agencies involved in the development of the 

SIP, participation in the SIP process by other agencies may occur. 

V. Project Level Conformity Determinations for Carbon Monoxide (CO) and/or 

Fine Particulate Matter (PM2.sl [40 CFR 93.105 (c)(1)(i)] 

Project sponsors are required to conduct project level conformity analyses by the FHW A/FTA 

NEPA process. FHWA/FTA are responsible for making all project-level conformity 

determinations. FHWA/FTA, with the participation of U.S. EPA, identifies the applicable 

procedures for CO and/or PM2.5 analyses. Project sponsors should use the most recently 

identified procedures. In accordance with 40 CFR 93.105 (c)(1 )(i) and other applicable 

regulations, Ohio DOT will determine the following: 

1. That FHWA/FTA, with U.S. EPA review participation, has approved the projectlevel CO and/or PM25 conformity analyses which are included in the project's 

environmental document prior to initiating federal authorizations. 

2. That the design concept and scope of the project has not changed significantly 

from that used by TMACOG and Ohio DOT in the most recent regional 

transportation conformity analyses of the RTP and TIP. 

The TMACOG governing board or policy committee may periodically review and participate with 

Ohio DOT and other agencies as appropriate in the update of the CO and/or PM2.

5 analyses. 

Through the NEPA process, Ohio DOT may provide technical guidance to project sponsors who 

use these procedures. 

VI. Monitoring of Transportation Control Measures (TCMs) 

[40 CFR 93.105 (c)(iv)] 

As part of the conformity documentation for an RTP and/or TIP, TMACOG will identify the status 

of SIP TCMs. If TCM emissions reductions are included as part of the motor vehicle emissions 

budget, TMACOG will estimate the portion of emission reductions that have been achieved. If 

there are funding or scheduling issues for a SIP transportation control measure, TMACOG will 

describe the steps being undertaken to overcome these obstacles, including means to ensure 

that funding agencies are giving these TCMs maximum priority. TMACOG may propose 

substitution of a new TCM for all or a portion of an existing TCM that is experiencing 

implementation difficulties (see Section VII below). 

VII. Substitution ofTCMs in the SIP [40 CFR 93.105 (c)(iv)] 

TMACOG shall prepare information on and documentation of the substitute TCM(s) and submit 

it to Ohio EPA and U.S. EPA for review and comment. Ohio EPA will work with TMACOG and 

U.S. EPA in order to ensure that the requested revision provides an emission reduction 

equivalent to the original SIP TCM(s) and will officially submit the document to U.S. EPA for 

approval. Following US EPA approval of the substitute TCM(s}, TMACOG will amend the TCM 

in to its RTP and TIP and work with the affected project sponsor to implement the TCM. 

Page 9 of 17 
VIII. Conflict Resolution [40 CFR 93.105 (d)] 

Conflicts between any parties of this MOU that arise during consultation will be resolved as 

follows: 

1. A statement of the nature of the conflict will be prepared and agreed to by the 

conflicting parties and shared with the remaining signatories. 

2. Disagreeing parties will consult in a good faith effort to resolve the conflict in a 

manner acceptable to all parties. 

3. If they are unsuccessful, the directors of the signatory agencies or their 

designees shall meet to resolve differences in a manner acceptable to all parties. 

4. If none of the above steps produces a satisfactory resolution, any participant to 

this agreement has 14 days to appeal to the Governor. If a party other than Ohio 

EPA appeals to the Governor, that participant must inform the Ohio EPA of the 

Governor's response to the appeal. Ohio EPA has 14 calendar days from that 

notification to appeal to the Governor if it disagrees with the response. The 

implementation plan revision required by 40 CFR 51.390 shall define the 

procedures for starting the 14-day clock. If Ohio EPA appeals to the Governor, 

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

Ohio EPA does not appeal to the Governor within 14 days, TMACOG, and Ohio 

DOT may proceed with the final conformity determinations. The Governor may 

delegate his or her role in the process, but the head or staff of Ohio EPA, Ohio 

DOT and TMACOG may not delegate their respective roles. 

IX. Public Consultation Procedures [40 CFR 93.105 (e)] 

TMACOG will follow its adopted public participation procedures when making conformity 

determinations on transportation plans and programs. These procedures establish a proactive 

public participation process which provides opportunity for public review and comment by, at a 

minimum, providing reasonable public access to technical and policy information considered by 

TMACOG at the beginning of the public comment period and prior to taking formal action on a 

conformity determination for the RTP and TIP, consistent with these requirements and those of 

23 CFR 450.316(a). Meetings of TMACOG are open to the public. Any charges imposed for 

public inspection and copying should be consistent with the fee schedule contained in 49 CFR 

7.43. TMACOG also shall provide opportunity for public participation in conformity 

determinations for projects where otherwise required by law. 

Page 10 of 17 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: TMACOG, Ohio EPA, Ohio DOT, FHWA, FTA and U.S.EPA 

LIST of SIGNATORIES 

Note: Signatures appear on separate, multiple pages. 

Anthony Reams 

President 

Toledo Metropolitan Area Council of Governments 

Scott J. Nally 

Director 

Ohio Environmental Protection Agency 

Jerry Wray 

Director 

Ohio Department of Transportation 

Susan Hedman 

Regional Administrator 

Region 5 

U.S. Environmental Protection Agency 

Laura S. Leffler 

Division Administrator 

Ohio Division 

Federal Highway Administration 

FHWA-OH is lead for U.S. DOT 

Marisol Simon 

Regional Administrator 

Region 5 

Federal Transit Authority 

Page 11 of 17 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

SEP 0 4 2013 

Parties: TMACOG, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages . 

. " .. &Po.w, 1/(bs 

Toledo Metropolitan Area Council of Governments 

Page 12 of 17 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: TMACOG, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

~7=~~~~,¥-..::::::~'----- Date: 

Craig utler, Director 

Ohio Environmental Protection Agency 

Page 13 of17 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: TMACOG, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

Page 14 of 17 
MEMORANDUM Of UNDERSTANDING 

TRANSPORTATIOI\I CONFORMITY 

CONSULTATION PROCEDURES 

Parties: TMACOG, Ohio EPA, Ohio DOT, FHWA, FTA, and U.S. EPA 

Susan Hedman 

Regional Administrator 

Note: Signatures appear on separate, multiple pages. 

United States Environmental Protection Agency 

Region 5 

Page 15 of 17 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: TMACOG, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

~~~~;S:~~~A:~~ Date: CJ- Bo -.;:lOj;S 

L ra S. Leffler, 1s1on inistrator 

ederal Highway Administration-Ohio Division 

Page 16 of 17 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: TMACOG, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

:-;;-~""7"::::------::--:--:-7"".,.--,:--:--:---:-

~uW/{J~ Date: 

Marisol Simon, Regional Administrator 

Federal Transit Administration-Region 5 

Page 17 of 17 
Attachment C 

Memorandum of Understanding with 

Miami Valley Regional Planning Commission 
MEMORANDUM OF UNDERSTANDING 

AMONG 

THE MIAMI VALLEY REGIONAL PLANNING COMMISSION, 

THE CLARK COUNTY-SPRINGFIELD TRANSPORTATION COORDINATING COMMITTEE, 

THE OHIO-KENTUCKY-INDIANA REGIONAL COUNCIL OF GOVERNMENTS 

THE OHIO ENVIRONMENTAL PROTECTION AGENCY, 

THE OHIO DEPARTMENT OF TRANSPORTATION, 

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY-REGION 5, 

THE FEDERAL HIGHWAY ADMINISTRATION-OHIO DIVISION, AND 

THE FEDERAL TRANSIT ADMINISTRATION-REGION 5 

The purpose of this Memorandum of Understanding (MOU) is to implement Section 176 of the 

Clean Air Act (CAA), as amended (42 U.S.C. 7401 et seq.), the related requirements of 23 U.S. 

C. 109U), and regulations under the Code of Federal Regulations (CFR) Section 40, Part 93, 

Subpart A with respect to the conformity of transportation plans, programs, and projects that are 

developed, funded or approved by the United States Department of Transportation (U.S. DOT) 

and by Metropolitan Planning Organizations (MPOs ), and the Ohio Department of 

Transportation (Ohio DOT), or other recipients of funds under title 23 U.S.C. or the Federal 

Transit Laws (49 U.S.C. Chapter 53). This MOU sets forth policy, criteria, and procedures for 

demonstrating and assuring conformity of such activities to applicable implementation plans 

developed according to Part A, Section 110 and Part D of the CAA. 

This is a MOU concerning the criteria and procedures for the conformity determination of 

transportation plans, programs and projects in the Dayton-Springfield, Ohio Metropolitan 

Statistical areas for National Ambient Air Quality Standards (NAAQS), pursuant to the CAA 

Amendments of 1990. 

The seven parties to this MOU are as follows, hereafter referred to as "all parties": 

Clark County-Springfield Transportation Coordinating Committee (CCSTCC) 

Federal Highway Administration-Ohio Division (FHWA-OH) 

Federal Transit Administration-Region 5 (FTA-RS) 

Miami Valley Regional Planning Commission (MVRPC) 

Ohio Department of Transportation (Ohio DOT) 

Ohio Environmental Protection Agency (Ohio EPA) 

Ohio-Kentucky-Indiana Regional Council of Governments (OK!) 

United States Environmental Protection Agency-Region 5 (U.S. EPA-RS) 

This MOU will be submitted as a revision to the Ohio State Implementation Plan (SIP) required 

by Section 176 of the CAA Amendments of 1990 and will govern conformity determinations in 

the MVRPC and CCSTCC areas. MVRPC is the MPO for Greene, Miami and Montgomery 

counties and the cities of Franklin, Carlisle, and Springboro in Warren County (included in the 

Cincinnati nonattainment Air Quality Region). CCSTCC is the MPO for Clark County. 

This MOU will continue to apply to any revised nonattainment area geographies resulting from 

future designations, or designation revisions for the criteria pollutants within the MVRPC and 

CCSTCC areas. 

Page 1 of 21 
Execution of this MOU by each party shall be by signature of each party's representative. 

The provisions of this MOU shall be implemented through appropriate procedures, resolutions, 

or other means, in order to comply with the requirements of all federal and state laws and 

regulations relating to the conformity determination and development of applicable 

implementation plan revisions. The roles, processes and responsibilities of each signatory to 

this MOU are defined and delineated in the MOU and Attachments A and B. 

Page 2 of 21 
Attachment A 

Transportation Air Quality Conformity Protocol 

Conformity Procedures 

In accordance with the requirements under Section 176 (c)(4)(C) of the CAA, Ohio EPA 

submitted a state implementation plan (SIP) revision to U.S. EPA on August 17, 1995. This 

submittal was found to be complete on October 5, 1995. In this submittal, Ohio EPA adopted 

State rules to meet the requirements of 40 CFR Part 51, Subpart T, as published on November 

24, 1993. Transportation conformity is required for all nonattainment or maintenance areas for 

any transportation related criteria pollutants [40 CFR 51.394 (b)]. 

On August 10, 2005, the President signed into Jaw the Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for Users (SAFETEA-LU). SAFETEA-LU promotes more 

efficient and effective Federal surface transportation programs by focusing on transportation 

issues of national significance, while giving State and local transportation decision makers more 

flexibility for solving transportation problems in their communities. Section 6011 of SAFETEALU specifically addresses transportation conformity. One of the requirements, (f)(4)(E) states, 

"Not later than 2 years after the date of enactment of the SAFETEA-LU the 

procedures under subparagraph (A) shall include a requirement that each state 

include in the state implementation plan criteria and procedures for consultation 

required by subparagraph (D) (i), and enforcement and enforceability (pursuant 

to sections 93.125 (c) and 93.122 (a) (4) (ii) of Title 40, Code of Federal 

Regulations (CFR) in accordance with the Administrator's criteria and procedures 

for consultation, enforcement and enforceability." 

States are no longer required to adopt all of the provisions of the federal conformity rule. The 

three required SIP elements are: 

1) consultation procedures [40 CFR 93.1 05]; 

2) procedures for determining regional transportation-related 

emissions [40 CFR 93.122(a)(4)(ii)]; and 

3) enforceability of design concept and scope and project-level 

mitigation and control measures [40 CFR 93.125 (c)]. 

In accordance with 40 CFR Section 93.105, the SIP or SIP revision shall include procedures for 

interagency consultation (federal, state and local), resolution of conflicts, and public consultation 

as described in Attachment B. Public consultation shall be developed in accordance with the 

requirements for public participation in 23 CFR Part 450. The plan shall include procedures to 

be undertaken by MVRPC, CCSTCC, state and federal DOTs, and U.S. EPA, prior to making 

conformity determinations, and by state and local air agencies and U.S. EPA with MVRPC, 

CCSTCC, state and federal DOTs, in developing applicable implementation plans. MVRPC, 

CCSTCC and Ohio DOT must provide reasonable opportunity for consultation with Ohio EPA, 

U.S. EPA and transportation agencies as described in Attachment B. 

In accordance with 40 CFR section 93.122 (a)(4)(ii), prior to making a conformity determination 

on the regional transportation plans (RTPs) or transportation improvement programs (TIPs), 

Page 3 of 21 
MVRPC and CCSTCC will not include emissions reduction credits from any control measures 

that are not included in their RTPs or TIPs and that do not require a regulatory action in the 

regional emissions analyses used in the conformity analyses unless MVRPC, CCSTCC or 

FHW A/FTA obtains written commitments, as defined in 40 CFR section 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. Prior to making 

a conformity determination on a RTP or TIP, MVRPC and CCSTCC will ensure the project 

design concept and scope are appropriately identified in the emissions analyses used in the 

regional conformity analyses. 

In accordance with 40 CFR section 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 written commitments, as defined in 40 CFR section 93.101, to implement any 

project-level mitigation or control measures in the construction or operation of the project 

identified as conditions for National Environmental Policy Act (NEPA) approval. The written 

commitments to implement those project-level mitigation or control measures must be fulfilled 

by the appropriate entities. 

Page 4 of 21 
Attachment B 

Interagency Consultation Procedures 

I. General 

Ohio EPA shall provide well-defined consultation procedures in the SIP whereby all parties to 

this MOU and other organizations with responsibilities for developing, submitting, or 

implementing provisions of a SIP must consult with each other on the development of the SIP, 

the RTPs, the TIPs, and associated conformity determinations in accordance with 40 CFR 

93.105(b)(1). 

These procedures implement the interagency consultation process for MVRPC and CCSTCC 

and include procedures to be undertaken by all parties to this MOU before making 

transportation conformity determinations on the RTPs and TIPs in accordance with 40 CFR 

93.105(a)(1) and 40 CFR 93.105(c)(3). This area's geographic coverage includes two MPOs: 

MVRPC and CCSTCC. MVRPC, CCSTCC and Ohio DOT, perform conformity analyses for 

their respective portions of the area, these analyses are combined to make a conformity 

determination for the Dayton/Springfield Air Quality Region. The Ohio-Kentucky-Indiana MPO is 

responsible for the conformity analysis for the cities of Franklin, Carlisle, and Springboro in 

Warren County. These cities are within the MVRPC MPO boundary but are included in the 

Cincinnati Air Quality Region and therefore require a separate conformity determination. 

II. Consultation on Transportation Plans, Transportation Plan Amendments, 

Transportation Improvement Programs, and Transportation Improvement 

Program Amendments [40 CFR 93.1051 

Consultation on all non-conformity related aspects of transportation plans, transportation 

improvement programs, and amendments thereto shall be governed by the applicable 

participation plans developed pursuant to 23 USC 134/49 USC 5303(i)(5), (i)(6), and (j)(4) and 

23 USC 135/49 USC 5304 (f)(3) and (g)(3). Consultation on conformity related aspects of these 

activities are delineated below. 

a) Consultation on Transportation Plan and Transportation Plan Amendment 

Conformity Process 

Following MVRPC and CCSTCC's notices that the transportation plans' air quality 

conformity process has been initiated, interagency consultation will define the 

procedures and parameters by which conformity will be established. MVRPC, 

CCSTCC, and Ohio DOT will coordinate the interagency consultation process. In 

accordance with 40 CFR 93.105 (c), interagency consultation will include the 

following topics, as appropriate: 

• travel forecasting and modeling assumptions; 

• latest planning assumptions; 

• motor vehicle emission factors to be used in conformity analysis; 

• appropriate analysis years; 

• treatment of regionally significant projects (federal and non-federal funded) 

assumed in the transportation network and the year of operation; 

• treatment of regionally significant projects that span MPO boundaries; 

• status of TCM implementation; 

Page 5 of 21 
• financial constraints and other requirements that affect conformity pursuant to 

Federal Statewide and Metropolitan Planning regulations; 

• reliance on a previous regional emissions analysis; 

• conformity process public participation procedures; and 

• the need for interim RTPs (in the event of a conformity lapse). 

MVRPC and CCSTCC are lead agencies for development of their respective 

transportation plans and amendments thereto. MVRPC is lead agency for the 

conformity analyses for Greene, Miami and Montgomery counties. CCSTCC is the 

lead agency for the development of the associated transportation conformity 

analyses for Clark County. The cities of Franklin, Carlisle, and Springboro in Warren 

County are part of the MVRPC MPO but are included in the Cincinnati Air Quality 

Region within the OKI MPO area. MVRPC will allow OKI to conduct the analyses for 

this area. MVRPC will be provided the opportunity to review the analyses. The 

interagency consultation parties will participate in the plan development process, 

review associated documentation, and collaboratively establish the procedures and 

parameters for determining transportation plan conformity. 

If new designations for criteria pollutants occur that expand analyses areas beyond 

those defined above, interagency consultation will determine the parties responsible 

for conducting those analyses in accordance with 40 CFR 93.1 05( c)(2)(ii). 

Following MVRPC and CCSTCC's approval of their final transportation plans and 

conformity findings, Ohio DOT will provide the final transportation plans and 

conformity documentation to FHWAIFTAIUS EPA for joint review as required by 40 

CFR 93.105 (c)(7) and 23 CFR 450.322 of the FHWAIFTA Statewide and 

Metropolitan Planning rule. Copies of the final transportation plans and conformity 

documentation also will be made available on the MVRPC and CCSTCC Web sites. 

b) Consultation and Notification Procedures for Conformity Analysis of TIP and 

TIP Amendments 

Following MVRPC and CCSTCC's notices that the TIP air quality conformity process 

has been initiated, interagency consultation will define the procedures and 

parameters by which conformity will be established. MVRPC, CCSTCC and Ohio 

DOT will coordinate the TIP transportation conformity interagency consultation 

process. Interagency consultation will include the same topics listed for the 

transportation plan (see Section II. a) as well as the additional topics listed below in 

accordance with 40 CFR 93.105 (c). 

• identification of exempt TIP projects; 

• identification of exempt projects which should be treated as nonexempt; and 

• determination of an interim TIP (in the event of a conformity lapse) inclusive of 

projects that can advance during a conformity lapse. 

For TIP amendments, MVRPC, CCSTCC, and Ohio DOT will consult as identified 

below in situations requiring a conformity determination, including but not limited to: 

• adding a regionally significant project to the TIP when it has already been 

appropriately accounted for in the regional emissions analysis for the 

transportation plan; 

• adding a non-regionally significant project to the TIP; 

Page 6 of 21 
• adding non-exempt, regionally significant project that has not been accounted for 

in the regional emissions analysis; and 

• change in non-exempt, regionally significant project that is not consistent with the 

design concept and scope or the conformity analyses years. 

After MVRPC and CCSTCC approve their final TIPs and conformity findings, 

MVRPC and CCSTCC will provide the final TIPs and conformity documentation to 

Ohio DOT. Ohio DOT will forward the documents to FHWA/FTA/US EPA for joint 

review as required by 40 CFR 93.105 (c)(7) and 23 CFR 450.322 of the FHWA/FTA 

Statewide and Metropolitan Planning rule. Copies of the final TIPs and conformity 

documentation will be made available on MVRPC and CCSTCC Web sites. 

Ill. Transportation Plan and Transportation Improvement Program Interagency 

Consultation Agency Roles and Responsibilities [40 CFR 93.105{b)(2)] 

Ohio EPA 

• Reviews and comments on all aspects of the conformity determinations for the 

RTP and TIP in a timely manner. 

• Develops, solicits input on and adopts motor vehicle emission budgets. 

• Seeks U.S. EPA approval for the use of motor vehicle emissions factors and 

mobile source budgets in conformity analyses. 

• Reviews and comments on the transportation plan and TIP development 

documentation and associated air quality analyses in a timely manner. 

Ohio DOT 

• Participates as a voting member of the MVRPC and CCSTCC MPOs governing 

bodies and associated committees as defined by their respective codes of 

regulations and/or agency bylaws. 

• Project initiator for state sponsored transportation improvement projects in the 

MVRPC and CCSTCC region. 

• Works directly with MVRPC and CCSTCC in providing and reviewing detailed 

project programming information. 

• Defines the design concept and scope of state sponsored transportation 

improvement projects to conduct regional emissions analysis. 

• Promptly notifies MVRPC and CCSTCC of changes in design concept and 

scope, cost, and implementation year of regionally significant state sponsored 

projects. 

• Assures project level CO and PM hotspot analyses are included in MVRPC and 

CCSTCC region transportation project NEPA documentation. 

• Identifies and commits to project level CO and PM mitigation measures for state 

sponsored transportation projects, as required;. 

• Implements TCMs for which Ohio DOT is responsible in a timely fashion. 

• Works with local municipalities and other project sponsors to ensure that the 

above procedures are also implemented on locally sponsored highway projects. 

• Assists MVRPC and CCSTCC with travel demand modeling and mobile source 

emissions estimating processes. 

Page 7 of 21 
MVRPC, CCSTCC, and OKI 

In the Dayton/Springfield Air Quality Region MVRPC and CCSTCC would: 

• Develop, coordinate, and circulate transportation plan and TIP supporting and 

technical documentation for interagency consultation and public participation. 

• Conduct transportation plan/TIP and air quality conformity public participation 

processes. 

• Maintain demographic and land use data for travel demand forecasting and 

regional emissions analysis. 

• Work with Ohio DOT and local sponsors to define the design concept and scope 

of projects in the transportation plan and TIP to conduct regional emissions 

analyses. 

• Prepare transportation plan/TIP conformity documentation. 

• Include funding for SIP mandated TCMs in the transportation plan and TIP. 

• Adopt transportation plan/TIP and make conformity determinations. 

In the Cincinnati (Franklin, Carlisle, and Springboro) Air Quality Region MVRPC would: 

• Develop, coordinate, and circulate transportation plan and TIP supporting and 

technical documentation for interagency consultation and public participation. 

• Conduct transportation plan/TIP and air quality conformity public participation 

processes. 

o Provide OKI with the design concept and scope of projects in the transportation 

plan and TIP to conduct regional emission analyses 

• Prepare transportation plan/TIP conformity documentation. 

• Include funding for SIP mandated TCMs in the transportation plan and TIP. 

o Adopt transportation plan/TIP and make conformity determinations. 

In the Cincinnati (Franklin, Carlisle, and Springboro) Air Quality Region OKI would: 

• Maintain demographic and land use data for travel demand forecasting and 

regional emissions analysis. 

• Conduct the analysis and prepare transportation plan/TIP conformity 

documentation. 

If a new conformity determination is needed in the Cincinnati Air Quality Region due to 

transportation plan/TIP amendments in the MVRPC MPO only, MVRPC would be 

responsible for initiating interagency consultation and conducting the public participation 

process and OKI would conduct the conformity analysis and provide conformity 

documentation. 

U.S. EPA 

• Administers and provides guidance on the Clean Air Act and Transportation 

Conformity regulations. 

• Determines adequacy of motor vehicle emissions budget used for making 

conformity determinations. 

• Reviews and comments on transportation plan and transportation improvement 

program documentation in keeping with participation plan requirements. 

• Reviews and comments on conformity determinations for the transportation plans 

and transportation improvement programs. 

Page 8 of 21 
FHWA/FTA 

• Consult with U.S. EPA on transportation conformity determinations. 

• Provide guidance on transportation planning regulations. 

• Ensure that all transportation planning and transportation conformity 

requirements contained in 23 CFR Part 450 and 40 CFR Part 93, respectively, 

are met. 

• Work with transit agencies to ensure that conformity procedures are implemented 

in transit agency-sponsored projects. 

• Make transportation plan/TIP conformity determinations 

IV. State Implementation Plan (SIP) Consultation Process [40 CFR 93.105] 

a) SIP Consultation Structure and Process 

Ohio EPA is responsible for preparing the SIP. If new transportation control 

strategies or TCMs are necessary to achieve and/or maintain federal air quality 

standards, the interagency consultation group will discuss possible TCMs for 

inclusion in the SIP. Ohio EPA will provide and update schedules for SIP 

development that will be available to all agencies and the public. Public involvement 

will be in accordance with Ohio EPA's public involvement procedures. Key 

documents will be posted on Ohio EPA's Web site. 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. Pursuant to 40 CFR 

93.105 (b)(2)(vi) the SIP will include a process to develop and evaluate 

transportation control measures as may be suggested by MVRPC, CCSTCC, Ohio 

DOT and other agencies and the public. 

MVRPC, CCSTCC and Ohio DOT develop the travel activity and emissions data that 

are used by Ohio EPA in establishing the on-road motor vehicle emission inventories 

for the SIP with consultation from Ohio EPA on the inputs for Mobile modeling. 

If new transportation control strategies are considered that may aid the region to 

achieve and/or maintain federal air quality standards, Ohio EPA will provide MVRPC, 

CCSTCC and Ohio DOT with guidance for estimating their impacts on regional 

em1ss1ons. Ohio EPA will utilize the results of these analyses to evaluate the 

measures and receive public comment on potential new measures through the SIP 

consultation process. This SIP process will define the motor vehicle emissions 

budget (MVEB), and its various components, that will be used for future conformity 

determinations of the RTP and TIP. Prior to publishing the draft SIP, MVRPC, 

CCSTCC and Ohio DOT will have an opportunity to review and comment on the 

proposed MVEB. 

In accordance with 40 CFR 93.105 (b)(2)(iii) and 40 CFR 93.105 (c)(7) Ohio EPA will 

circulate the draft SIP for public review, and all comments will be responded to in 

writing prior to adoption of the SIP. The draft will be amended as needed in 

response to comments received. Ohio EPA will then transmit the final document with 

amendments, along with the public notice, public hearing transcript and a summary 

of comments and responses, to U.S. EPA. 

Page 9 of 21 
b) Agency Roles and Responsibilities [40 CFR 93.105(b)(2)(i)] 

The following provides a summary on the roles and responsibilities of the different 

agencies with involvement in development and review of SIP submittals dealing with 

TCMs or emissions budgets. 

Ohio EPA 

• Responsible for air quality monitoring, preparation and maintenance of detailed 

and comprehensive emissions inventories, air quality modeling, and other air 

quality planning and control responsibilities. 

• Responsible for preparing drafts of SIP submittals, revising those drafts, 

incorporating other agencies' comments, attending and scheduling public 

hearings, preparing public hearing transcripts and responding to public 

comments. 

• Responsible for timely SIP submittal to U.S. EPA. 

Ohio DOT 

• Assists in developing regional travel demand forecasts used in the SIP mobile 

emissions inventories and analyses of new TCMs. 

• Assists in developing mobile source inventories and analyses as needed. 

• Participates in reviewing and commenting on draft SIP documents. 

MVRPC and CCSTCC 

• Responsible for developing regional travel demand forecasts used in the SIP 

emissions inventories and analyses of new TCMs. 

• Monitor and report on implementation of federal TCMs. 

• Responsible for providing review and comments on draft SIP documents. 

U.S. EPA 

• Receives the Ohio EPA SIP submittals and has the responsibility to act on them 

in a timely manner. 

• Directly influences the content of the submittals through regulations implementing 

the federal Clean Air Act and has the opportunity to influence the submittals 

through various meetings, workshops and hearing that are conducted. 

• Provides guidance on the Clean Air Act. 

• Determines adequacy of motor vehicle emissions budget used for making 

conformity determinations. 

• Provides concurrence with TCM substitution in the SIP. 

FHWAIFTA 

• Provides guidance on transportation planning regulation. 

• Participates in the SIP review and comment process. 

Please note: while these are key areas and agencies involved in the development of the 

SIP, participation in the SIP process by other agencies may occur. 

Page 10 of 21 
V. Project Level Conformity Determinations for Carbon Monoxide (CO) 

and/or Fine Particulate Matter (PM2.5) [40 CFR 93.105 {c)(1)(i)] 

Project sponsors are required to conduct project level conformity analyses by the FHW A/FTA 

NEPA process. FHWA/FTA are responsible for making all project-level conformity 

determinations. FHWA/FTA, with the participation of U.S. EPA, identifies the applicable 

procedures for CO and/or PM2.5 analyses. Project sponsors should use the most recently 

identified procedures. In accordance with 40 CFR 93.105 (c)(1 )(i) and other applicable 

regulations, Ohio DOT will determine the following: 

1. That FHWA/FTA, with U.S. EPA review participation, has approved the projectlevel CO and/or PM2.5 conformity analyses which are included in the project's 

environmental document prior to initiating federal authorizations. 

2. That the design concept and scope of the project has not changed significantly 

from that used by MVRPC, CCSTCC and Ohio DOT in the most recent regional 

transportation conformity analyses of the RTPs and TIPs. 

The MVRPC and CCSTCC may periodically review and participate with Ohio DOT and other 

agencies as appropriate in the update of the CO and/or PM2.5 analyses. Through the NEPA 

process, Ohio DOT may provide technical guidance to project sponsors who use these 

procedures. 

VI. Monitoring of Transportation Control Measures (TCMs) 

[40 CFR 93.105 {c){iv)] 

As part of the conformity documentation for an RTP and/or TIP, MVRPC and CCSTCC will 

identify the status of SIP TCMs. If TCM emissions reductions are included as part of the motor 

vehicle emissions budget, MVRPC and CCSTCC will estimate the portion of emission 

reductions that have been achieved. If there are funding or scheduling issues for a SIP 

transportation control measure, MVRPC and CCSTCC will describe the steps being undertaken 

to overcome these obstacles, including means to ensure that funding agencies are giving these 

TCMs maximum priority. MVRPC and CCSTCC may propose substitution of a new TCM for all 

or a portion of an existing TCM that is experiencing implementation difficulties (see Section VII 

below). 

VII. Substitution of TCMs in the SIP [40 CFR 93.105 {c)(iv)] 

MVRPC and/or CCSTCC shall prepare information on and documentation of the substitute 

TCM(s) and submit it to Ohio EPA and U.S. EPA for review and comment. Ohio EPA will work 

with and U.S. EPA in order to ensure that the requested revision provides an emission reduction 

equivalent to the original SIP TCM(s) and will officially submit the document to U.S. EPA for 

approval. Following US EPA approval MVRPC and/or CCSTCC will amend the TCM(s) in to 

their respective RTPs and TIPs and work with the affected project sponsor(s) to implement the 

TCM(s). 

Page 11 of 21 
VIII. Conflict Resolution [40 CFR 93.105 (d)] 

Conflicts between any parties of this MOU that arise during consultation will be resolved as 

follows: 

1. A statement of the nature of the conflict will be prepared and agreed to by the 

conflicting parties and shared with the remaining signatories. 

2. Disagreeing parties will consult in a good faith effort to resolve the conflict in a 

manner acceptable to all parties. 

3. If they are unsuccessful, the directors of the signatory agencies or their 

designees shall meet to resolve differences in a manner acceptable to all parties. 

4. If none of the above steps produces a satisfactory resolution, any participant to 

this agreement has 14 days to appeal to the Governor. If a party other than Ohio 

EPA appeals to the Governor, that participant must inform the Ohio EPA of the 

Governor's response to the appeal. Ohio EPA has 14 calendar days from that 

notification to appeal to the Governor if it disagrees with the response. The 

implementation plan revision required by 40 CFR 51.390 shall define the 

procedures for starting the 14-day clock. If Ohio EPA appeals to the Governor, 

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

Ohio EPA does not appeal to the Governor within 14 days, MVRPC, CCSTCC 

and Ohio DOT may proceed with the final conformity determinations. The 

Governor may delegate his or her role in the process, but the head or staff of 

Ohio EPA, Ohio DOT, MVRPC and CCSTCC may not delegate their respective 

roles. 

IX. Public Consultation Procedures [40 CFR 93.105 (e)] 

MVRPC and CCSTCC will follow their respective adopted public participation procedures when 

making conformity determinations on transportation plans and programs. These procedures 

establish a proactive public participation process which provides opportunity for public review 

and comment by, at a minimum, providing reasonable public access to technical and policy 

information considered by MVRPC and CCSTCC at the beginning of the public comment period 

and prior to taking formal action on a conformity determination for the RTP and TIP, consistent 

with these requirements and those of 23 CFR 450.316(a). Meetings of MVRPC and CCSTCC 

are open to the public. Any charges imposed for public inspection and copying should be 

consistent with the fee schedule contained in 49 CFR 7.43. These agencies also shall provide 

opportunity for public participation in conformity determinations for projects where otherwise 

required by law. 

Page 12 of21 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: MVRPC, CCSTCC, OKI, Ohio EPA, Ohio DOT, FHWA, FTA and U.S.EPA 

LIST of SIGNATORIES 

Note: Signatures appear on separate, multiple pages. 

Brian 0. Martin 

Executive Director 

Miami Valley Regional Planning Commission 

Scott Schmid 

Transportation Director 

Clark County-Springfield Transportation Coordinating Committee 

Mark Policinski 

Executive Director 

Ohio-Kentucky-Indiana Regional Council of Governments 

Scott j. Nally 

Director 

Ohio Environmental Protection Agency 

JerryWray 

Director 

Ohio Department of Transportation 

Susan Hedman 

Regional Administrator 

Region 5 

U.S. Environmental Protection Agency 

Laura S. Leffler 

Division Administrator 

Ohio Division 

Federal Highway Administration 

FHWA-OH is lead for U.S. DOT 

Marisol Simon 

Regional Administrator 

Region 5 

Federal Transit Authority 

Robert J. Shook 

Chairperson 

Page 13 of 21 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: MVRPC, CCSTCC, OKI, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

~~ .. '0 o ... , s::-1-1~ MlChaetLatlliS: Chairperson 

~ 0~ Date: f?/1/~o[!> Brian 0. Martin, Executive Director 

Miami Valley Regional Planning Commission 

Page 14 of 21 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: MVRPC, CCSTCC, OKI, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

::--~~~'="~::::___:J~-=:'-~=-=---:--Date: ~J;zftA:?f_!:. Scot Schmid, Transportation Director 

Clark County-Springfield Transportation Coordinating Committee 

Page 15 of 21 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

AUG 1 3 l«<lll 

Parties: MVRPC, CCSTCC, OKI, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

c:-::--:--=:--:-:-:!_::-:---::----,---::-:---:--- Date: 

Mark Policinski, Executive Director 

Ohio-Kentucky-Indiana Regional Council of Governments 

Page 16 of 21 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: MVRPC, CCSTCC, OKI, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

~~~_be::;~- Date: _..;;._5"-:+--f 7-'-f-/--1-/ <{_ Craig tier, Director 

Ohio Environmental Protection Agency 

Page 17 of 21 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: MVRPC, CCSTCC, OKI, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

·Note: Signatures appear on separate, multiple pages. 

-,---~~----'-<-'"----L!o<=+-f~- Date: ---'-f~j'-'q"-+~-/-"'-}- tor ' 

t of Transportation 

Page 18 of 21 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: MVRPC, CCSTCC, OKI, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

·-----....,.-----Date: _:__...e::::.---''----''--

Susan Hedman, Regional Administrator 

U.S. Environmental Protection Agency-Region 5 

Page 19 of 21 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: MVRPC, CCSTCC, OKI, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

~t:f:~~g~fr_~~~:....,..- Date: 1-30-iJ0/3 

aura S. Leffle , ivis dministrator 

Federal Highway Administration-Ohio Division 

Page 20 of 21 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: MVRPC, CCSTCC, OKI, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

-~----_.:__~...!___·_~_/ ____ Date: 

Marisol Simon, Regional Administrator 

Federal Transit Administration-Region 5 

Page 21 of 21 
Attachment D 

Memorandum of Understanding with 

The Kentucky, Ohio, West Virginia Interstate Planning 

Commission (KYOVA) 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: KYOVA, Ohio EPA, ODOT, WVDEP, WVDOT, FHWA, FTA and 

U.S. EPA 

(a) General -- This document establishes a Memorandum of Understanding 

(MOU) among the Kentucky, Ohio, West Virginia Interstate Planning Commission 

(KYOVA), the Ohio Environmental Protection Agency (Ohio EPA), the Ohio 

Department of Transportation (ODOT), the West Virginia Department of 

Environmental Protection (WVDEP), the West Virginia Department of 

Transportation (WVDOT), the Federal Highway Administration (FHWA), the 

Federal Transit Authority (FTA), and the United States Environmental Protection 

Agency (U.S. EPA). This MOU details the interagency consultation, resolution of 

conflict, public consultation criteria and procedures required by the federal 

transportation conformity regulation Title 40 of the Code of Federal Regulations 

(CFR) Section 93.105, and the enforcement and enforceability provisions set 

forth in 40 CFR 93.122(a)(4)(ii) and 93.125(c). The terms used in this MOU shall 

have the meaning given them by 40 CFR 93.101 and the structure of the MOU 

generally follows that of 40 CFR 93.105. 

KYOVA, Ohio EPA, ODOT, WVDEP, WVDOT, FHWA, FTA and U.S. EPA are 

the specific parties with respect to the interagency consultation, resolution of 

conflict and public consultation procedures under this MOU. KYOVA will be 

considered the primary responsible metropolitan planning organization (MPO). 

Through coordination with FHWA Ohio division, the United States Department of 

Transportation (U.S. DOT) and FTA also are involved in the interagency 

consultation process, and have review and/or approval functions at various 

stages of the transportation conformity determination process. 

KYOVA Transportation Conformity MOU Page 1 of 24 
The transportation conformity provisions in the federal Safe, Accountable, 

Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), 

and Section 176(c) of the federal Clean Air Act (CAA) require submission of a 

State Implementation Plan (SIP) revision to U.S. EPA. This SIP revision must 

include procedures for interagency consultation (federal, state and local), 

resolution of conflict, and public consultation as set forth in 40 CFR 93.105, and 

provisions for written commitments for control and mitigation measures required 

by 40 CFR 93.122(a)(4)(ii) and 40 CFR 125(c). These procedures and 

commitments are described in sub-sections (a)(1) through (a)(4) and sections (b) 

through (e) of this MOU. Public participation procedures will be maintained in 

accordance with 23 CFR 450 and are addressed in section (e). 

(a)(1) Ohio EPA will prepare and submit to U.S. EPA a SIP revision that includes 

the interagency consultation, resolution of conflict, public consultation, 

enforcement and enforceability procedures set forth herein, as mutually agreed 

by the parties in this MOU. These procedures are to be followed by KYOVA, 

ODOT and WVDOT with Ohio EPA, WVDEP, FHWA, FTA and U.S. EPA before 

making conformity determinations; and by Ohio EPA with KYOVA, ODOT, 

WVDEP, WVDOT, FHWA and FTA in developing applicable implementation 

plans. Ohio EPA will provide reasonable opportunity for comment from the 

parties before submitting a SIP revision that directly impacts transportation 

activities, such as establishing or changing highway vehicle emissions budgets, 

or transportation control measures (TCMs) in designated nonattainment or 

maintenance areas. 

(a)(2) Pursuant to the requirements of 40 CFR 93.1 05(a)(2), this MOU 

establishes consultation procedures for KYOVA, ODOT and WVDOT with Ohio 

EPA, WVDEP, FHWA, FTA and U.S. EPA. These procedures include 

reasonable opportunity for consultation, including the specific issues described 

under Section 40 CFR 93.105(c)(1) and Section (c)(1) of this MOU, before 

conformity determinations are made. 

KYOVA Transportation Conformity MOU Page 2 of 24 
(a)(3) As set forth in 40 CFR 93.122(a)(4), emissions reduction credit from 

control measures that are not included in the transportation plan and 

transportation improvement plan (TIP) and that do not require a regulatory action 

in order to be implemented may not be included in the emissions analysis unless 

the conformity determination includes written commitments to implementation 

from the appropriate entities. Pursuant to 40 CFR 93.122(a)(4)(ii), written 

commitments to control measures that are not included in the transportation plan 

and TIP must be obtained prior to a conformity determination and such 

commitments must be fulfilled. 

(a)(4) Pursuant to 40 CFR 93.125(c), KYOVA, other recipient of funds designated 

under Title 23 of the United States Code (USC) or the Federal Transit Laws, 

FHWA, or FTA must obtain written commitments to mitigation measures prior to 

a positive conformity determination, and project sponsors must comply with such 

commitments. 

(b) Interagency Consultation Procedures -- General Factors 

(b)( 1) This MOU provides well-defined interagency consultation procedures 

whereby representatives of the parties must consult with each other during 

development of the SIP, the transportation plan, the TIP, and associated 

conformity determinations. 

(b )(2) In addition to the interagency consultation procedures outlined in section 

(a), the procedures also shall include the specific processes set forth in section 

(c), and general factors listed in the next six sections. 

(b)(2)(i) Roles and Responsibilities-- When a SIP revision is proposed, it will be 

the responsibility of Ohio EPA to provide KYOVA, ODOT, WVDEP, WVDOT, 

FHWA, FTA and U.S. EPA with relevant documentation at the earliest practical 

date, but no later than the initiation of a formal public participation process. 

KYOVA Transportation Conformity MOU Page 3 of 24 
Should any party require additional information, it is the responsibility of that 

party to request the information. The party receiving the request must make 

reasonable efforts to comply in a timely manner. If the party generating the 

request is dissatisfied with the response or perceives a lack of response and 

cannot resolve an issue using level one consultation as set forth in section 

(b)(2)(ii), the conflict resolution procedures under section (d) may be initiated by 

any party. When a TIP or transportation plan requires a conformity analysis, 

KYOVA will notify the specified contact persons in the other relevant parties 

(Ohio EPA, ODOT, WVDEP, WVDOT, FHWA, FTA and U.S. EPA), and use 

mutually agreed technical procedures in consultation with ODOT to calculate the 

projected emissions for the transportation plan or TIP. This emissions 

information will be provided to all the other relevant parties via the specified 

contact persons in a timely manner. At the earliest practical date, KYOVA will 

provide to the parties a written finding of conformity or nonconformity. KYOVA 

will also provide a copy of the TIP or transportation plan, or where applicable, 

individual project analyses to the other parties at the earliest practical date, but 

not later than the initiation of a formal public participation process. KYOVA will 

maintain a public involvement process consistent with the KYOVA Public 

Participation Plan as required by 23 CFR Part 450. 

(b)(2)(ii) Regular Consultation -- To the extent practicable, regular consultation 

(level one) shall be routine interaction on an informal basis, consultation and/or 

negotiation that occurs among specified contact persons in KYOVA, ODOT, Ohio 

EPA, WVDEP, WVDOT and other MPOs as necessary. Each party will 

designate a specific contact person(s) for technical transportation conformity 

consultations. The initial list of contacts is contained in the Appendix to this 

MOU. The specified contact person(s) may be assigned or reassigned this duty 

as necessary by the involved parties. The other parties must be notified of any 

such assignment change in a timely manner, in order to facilitate the interagency 

consultation process. If an issue cannot be resolved through level one 

KYOVA Transportation Conformity MOU Page 4 of 24 
consultation, then the conflict resolution procedures under section (d) may be 

initiated by any party. 

(b)(2)(iii) Access to Documentation -- As previously stated in section (b)(2)(i), 

relevant documentation will be provided by the responsible party at the earliest 

practical date, but not later than the initiation of a formal public participation 

process. Distribution of detailed technical or supporting documentation is not 

required for initial review or distribution. However, the responsible party must 

inform the other parties of the existence of such detailed documentation along 

with a content summary upon initial notification. Upon request by other parties, 

the responsible party must furnish the detailed technical or supporting 

documentation in a timely manner. 

(b)(2)(iv) Meeting Frequency and Agendas-- No regularly scheduled interagency 

consultation meetings are established herein. However, should any party 

perceive the need for a meeting, it is the responsibility of that party to request the 

meeting. Any party may initiate a meeting 

communication (e.g. e-mail) or by written request. 

via telephone, electronic 

If the parties concur, the 

meeting may be conducted via teleconference. The initiating party will have the 

responsibility to establish the agenda and to determine a mutually agreeable time 

and place to meet. The other parties' contact persons will make reasonable and 

timely efforts to participate in the meeting. If suitable meeting arrangements 

cannot be made or if an issue remains unresolved, the conflict resolution 

procedures under section (d) may be initiated by any party. 

(b)(2)(v) Significant Comments -- If any party to this MOU provides significant 

written comments regarding any transportation conformity matter, it will be the 

responsibility of Ohio EPA (in the case of a proposed SIP revision) or KYOVA, in 

consultation with ODOT and WVDOT (in the case of a TIP or transportation plan 

revision), to provide a substantive written response to the party in a timely 

manner. The party responsible for generating a response document will include 

KYOVA Transportation Conformity MOU Page 5 of 24 
both the comments and the response in the official record. If the response is not 

satisfactory to the receiving party, the conflict resolution procedures under 

section (d) may be initiated by any party. 

(b)(2)(vi) Development of TCMs -- If Ohio EPA anticipates utilizing TCMs to 

obtain emissions reductions in a nonattainment or maintenance area, the other 

parties will be consulted early in the process to determine the effectiveness and 

feasibility of such measures in obtaining the desired emission reductions. If Ohio 

EPA subsequently proposes a SIP revision that includes TCMs, the department 

will notify KYOVA, ODOT and WVDOT as soon as practical, but no later than the 

beginning of any formal public participation process, and provide each party the 

opportunity to provide input. 

(c) Interagency Consultation Procedures and Specific Processes -- Interagency 

consultation procedures also shall include the following specific processes. 

(c)(1) A consultation process involving KYOVA, ODOT, Ohio EPA, WVDOT, 

WVDEP, U.S. EPA, and FHWA for the following six sections. 

(c)(1 )(i) Hot-Spot Analyses and Regional Emissions Analyses-- KYOVA, ODOT, 

WVDOT and Ohio EPA will mutually agree on the evaluation and choice of a 

model (or models), associated methods and assumptions to be used in hot-spot 

analyses and regional emissions analyses. The parties will use the most current 

available U.S. EPA and FHWA policy and guidance as the primary determining 

factors regarding choice of model and emission analysis methodology. 

(c)(1 )(ii) Regionally Significant Projects -- Based on professional judgment, 

KYOVA, in consultation with ODOT and/or WVDOT, will make a preliminary 

determination of which minor arterials and other transportation projects should be 

considered "regionally significant" for the purposes of regional emissions analysis 

(in addition to those functionally classified as principal arterial, higher or fixed 

KYOVA Transportation Conformity MOU Page 6 of 24 
guide way systems or extensions that offer an alternative to regional highway 

travel), and which projects should be considered to have a significant change in 

design concept and scope from the transportation plan or TIP. Such 

determination will be included in an appropriate document along with a brief 

rationale and justification. KYOVA will notify the other parties in a timely manner, 

and upon request, will provide copies of such documentation. If a regionally 

significant determination is contested and cannot be resolved using level one 

consultation procedures, the conflict resolution procedures under section (d) may 

be initiated by any party. 

(c)(1 )(iii) Evaluation of Exempted Projects -- KYOVA, in consultation with ODOT 

and WVDOT, will evaluate whether projects otherwise exempted from meeting 

the requirements of 40 CFR 93.126 and 40 CFR 93.127 should be treated as 

non-exempt in cases where potential adverse emission impacts may exist for any 

reason. KYOVA will notify FHWA, Ohio EPA, ODOT and WVDEP of its 

preliminary determination in a timely manner. It is expected that any project 

consistent with 40 CFR 93.126 or 40 CFR 93.127 will not have a regional air 

quality impact. However, any party to this MOU may initiate a review of a 

project's impact if there is reason to believe that a particular project warrants 

further scrutiny. The parties will evaluate relevant information and reach a 

consensus using level one consultation procedures. If a consensus cannot be 

reached, or an issue remains unresolved, the conflict resolution procedures 

under section (d) may be initiated by any party. 

(c)(1 )(iv) Obstacles to TCM Implementation -- As required by 40 CFR 

93.113(c)(1), KYOVA, in consultation with ODOT and WVDOT, will determine 

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 parties with influence over approvals or 

funding for TCMs are giving maximum priority to approval or funding for TCMs. 

This process also must consider whether delays in TCM implementation 

KYOVA Transportation Conformity MOU Page 7 of 24 
necessitate revisions to the applicable implementation plan to remove TCMs or 

substitute TCMs or other emission reduction measures. If Ohio EPA anticipates 

utilizing a TCM to obtain emissions reductions in a nonattainment or 

maintenance area, Ohio EPA will consult with the other parties early in the 

process to determine the effectiveness and feasibility of such measures. If Ohio 

EPA subsequently proposes to include a TCM in a SIP revision, the other parties 

must be notified as soon as practical, but no later than the start of the formal 

public participation process. 

(c)(1 )(v) Notification of Revision -- KYOVA will notify FHWA, ODOT, Ohio EPA, 

WVDEP and WVDOT of transportation plan or TIP revisions or amendments 

which merely add or delete exempt projects listed in 40 CFR 93.126 or 40 CFR 

93.127. As soon as practical, but no later than one week before the adoption of 

such transportation plan or TIP revisions or amendments, KYOVA will provide a 

copy of the revision or amendment to ODOT, Ohio EPA, WVDEP and WVDOT. 

Each project which is exempt under 40 CFR 93.126 or 40 CFR 93.127 will be so 

noted. 

(c)(1 )(vi) Rural Nonattainment and Maintenance Areas-- The parties to this MOU 

will establish appropriate conformity tests and methodologies for isolated rural 

nonattainment and maintenance areas as required by 40 CFR 93.1 09(1)(2)(iii). In 

the event that rural areas are designated nonattainment or a maintenance area, 

the parties will use level one consultation to choose and establish appropriate 

conformity tests and methodology protocols for the area(s). If an issue cannot be 

resolved using level one consultation, the conflict resolution procedures under 

section (d) may be initiated by any party. 

(c)(2) A consultation process involving KYOVA, ODOT, WVDOT, Ohio EPA and 

WVDEP for the following two sections. 

KYOVA Transportation Conformity MOU Page 8 of 24 
(c)(2)(i) New Conformity Determinations -- KYOVA, ODOT and WVDOT will 

evaluate events which may trigger new conformity determinations in addition to 

those triggering events established in 40 CFR 93.104. It is expected that most 

events which may trigger a new conformity determination are clearly established 

in 40 CFR 93.104. However, any of the parties may initiate a review of other 

events which may trigger a new conformity determination if there is reason to 

believe that a particular event warrants closer scrutiny. The parties will evaluate 

relevant information and attempt to reach a consensus on whether or not an 

event warrants a new conformity determination. If an issue can not be resolved 

using level one consultation, the conflict resolution procedures under section (d) 

may be initiated by any party. 

(c)(2)(ii) Cross-Border Consultation -- Using level one consultation, KYOVA, 

ODOT and WVDOT will be responsible for notifying other responsible MPOs, 

adjacent MPOs, Ohio EPA and WVDEP regarding transportation activities that 

cross the borders of MPOs nonattainment areas or basins. The parties to this 

agreement and any party so notified may request relevant information or initiate a 

meeting to examine and evaluate the impact on air quality of such activities. The 

contacted parties must make reasonable efforts to provide requested information 

in a timely manner, assist in selecting a suitable place and time for requested 

meetings, and ensure representatives participate in the meetings. If appropriate 

information is not supplied in a timely manner, or suitable meeting arrangements 

cannot be made, or if an issue remains unresolved, conflict resolution procedures 

under section (d) may be initiated by any party. In the event that transportation 

activities cross state boundaries, KYOVA, ODOT and WVDOT will notify the 

other state's responsible MPO or adjacent MPO, which will then have the 

responsibility of coordinating those activities with that state's air agency and 

transportation department. If no other MPO has responsibility for such 

transportation activities, KYOVA, ODOT and WVDOT will coordinate those 

activities directly with that state's air agency and transportation department. 

KYOVA Transportation Conformity MOU Page 9 of 24 
(c)(3) Projects Outside of Metropolitan Area --Where the metropolitan planning 

area does not include an entire nonattainment/maintenance area, KYOVA, 

ODOT, WVDOT, Ohio EPA and WVDEP will use level one consultation 

procedures to achieve cooperative planning and analysis and determine 

conformity of all projects outside the metropolitan area and within the 

nonattainment or maintenance area. If any issue cannot be resolved using Level 

One consultation, the conflict resolution procedures under section (d) may be 

initiated by any party. 

(c)(4) Construction Plans of Regionally Significant Projects-- It will be the shared 

responsibility of ODOT, KYOVA and WVDOT to identify regionally significant 

transportation projects which may be subject to federal transportation conformity 

requirements but 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 those by recipients of funds designated under Title 

23 USC or the Federal Transit Laws. One of these parties will initiate level one 

consultation with Ohio EPA and WVDEP to mutually ensure that proper 

conformity procedures are followed. Once such projects are identified, KYOVA 

will be responsible to closely monitor the projects in order to identify any changes 

in concept, scope or location which may require a new conformity determination, 

and advise Ohio EPA and WVDEP of any such change. Non-FHWA/FTA 

projects which do not originate as state-funded ODOT highway projects should 

be disclosed to one or more of the parties at an early stage of proposal or 

development, but no later than the receipt of any related permit application, so 

that appropriate conformity procedures may be followed. 

(c)(5) Regionally Significant Project Determinations -- In cases when a project 

sponsor of a regionally significant transportation non-FHWA/FTA project 

described in section (c)(4) discloses to KYOVA, ODOT or WVDOT that the 

project is under consideration for development, KYOVA, ODOT and WVDOT will 

determine whether the proposed project is sufficiently committed for 

KYO VA Transportation Conformity MOU Page 10 of 24 
implementation by the sponsor to warrant inclusion in the regional emissions 

analysis. If such inclusion is warranted, and after consultation with the project 

sponsor, KYOVA, ODOT, WVDOT, Ohio EPA and WVDEP, will determine the 

most reasonably expected development scenario regarding project schedule, 

concept, scope and location, in sufficient detail to allow conformity determination 

procedures to be applied to the proposed project. 

(c)(6) Research and Collection of Data -- The parties will use level one 

consultation to facilitate the design, schedule and funding of any research and 

data collection effort and regional transportation model development by KYOVA, 

ODOT and WVDOT (e.g., household/ travel transportation surveys). 

(c)(7) Final Document Availability-- The parties will use level one consultation to 

discuss and distribute final documents (including applicable implementation plans 

and implementation plan revisions) and supporting information to each party after 

final approval or adoption. The responsible party (that is, the party which is 

initiating some action subject to these consultation procedures) will notify 

specified transportation conformity contacts at U.S. EPA and FHWA as soon as 

practical but no later than the beginning of any formal public participation process 

associated with the action. U.S. EPA and/or FHWA may request copies of 

relevant documents. The responsible party also will provide requested 

documentation as soon as practical, but no later than 10 calendar days prior to 

the end of the associated formal public participation process. Detailed 

supporting and/or technical information related to final documentation need not 

necessarily be distributed to all parties. However, the responsible party must 

inform the other parties of the existence of such detailed information along with a 

content summary upon distribution of the final documentation. Final 

documentation and detailed supporting/technical information will be made 

available in a timely manner to U.S. EPA and FHWA or any party upon request. 

U.S. EPA and/or FHWA may specify conditions under which they will be notified 

prior to the consultation meetings called by the parties. The parties will do so in 

KYOVA Transportation Conformity MOU Page 11 of 24 
a timely manner, and make reasonable efforts to allow the federal contacts to 

observe the proceedings and provide comment. 

(d) Levels of Consultation and Conflict Resolution -- For the purpose of 

facilitating interagency consultation, negotiation and resolution of conflict, the 

parties shall agree to the following three levels of consultation. 

(d)(1) Level one consultation, as described in section (b)(2)(ii), is routine 

consultation and/or negotiation that occurs among specified contact persons in 

KYOVA, Ohio EPA, ODOT, WVDEP, WVDOT, FHWA and U.S. EPA. In any 

circumstance where an issue cannot be resolved through level one consultation, 

the unresolved issue may be elevated to level two consultation by any party. 

(d)(2) Level two consultation is consultation and/or negotiation that occur among 

KYOVA's executive director or chief administrative officer, the ODOT director of 

transportation, the Ohio EPA director, the WVDEP cabinet secretary, and the 

WVDOT cabinet secretary. In any circumstance where an issue cannot be 

resolved through level two consultation, the unresolved issue may be elevated to 

level three consultation. KYOVA, ODOT or WVDOT shall cite 40 CFR 93.105(d) 

and provide written notification to Ohio EPA's representative of any unresolved 

issue or conflict that requires level three consultation. 

( d)(3) Level three consultation requires the Governor, or his or her designated 

representative, to resolve any conflict that cannot be resolved under level two 

consultation and negotiation. Ohio EPA shall have 14 calendar days to appeal a 

proposed determination of conformity (or other policy decision under this 

agreement) to the Governor after KYOVA, ODOT or WVDOT has notified Ohio 

EPA of the resolution of all significant comments on such proposed determination 

of conformity or policy decision. Such 14 day period shall commence when 

KYOVA, ODOT or WVDOT has confirmed receipt by Ohio EPA of the resolution 

of Ohio EPA's comments. Ohio EPA must provide notice of any appeal under 

KYOVA Transportation Conformity MOU Page 12 of 24 
level three consultation to KYOVA, ODOT or WVDOT. If Ohio EPA appeals to 

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

the Governor. If Ohio EPA does not appeal to the Governor within 14 calendar 

days, KYOVA, ODOT or WVDOT may proceed with the final conformity 

determination. In no circumstance may the Governor's designated 

representative in this process be the head or staff of Ohio EPA, ODOT, WVDEP, 

WVDOT or KYOV A. 

(e) Public Consultation Procedures-- KYOVA, ODOT and WVDOT will maintain 

a proactive public consultation process which provides opportunity for public 

review and comment by providing reasonable public access to technical and 

policy information considered by KYOVA, ODOT and WVDOT at the beginning of 

the public consultation period and prior to taking formal action on a conformity 

determination for all transportation plans and TIPs consistent with the 

requirements of 40 CFR 93.105(e) and 23 CFR 450.316(b). Any charges 

imposed for public inspection and copying will be consistent with the fee 

schedule contained in 49 CFR 7.43. Any comment received during the public 

consultation period will be properly documented and addressed in writing prior to 

a formal conformity determination. KYOVA, ODOT and WVDOT will provide 

opportunity for public involvement in project conformity determinations where 

otherwise required by law. 

(f) Severability. -- The provisions and procedures set forth in this MOU are 

severable and if any provision, procedure, or part thereof shall be held invalid, 

unconstitutional or inapplicable to any person or circumstance, such invalidity, 

unconstitutionality or inapplicability shall not affect or impair any remaining 

provision, procedure, section or part of this MOU, or their application to any 

person or circumstance. 

KYOVA Transportation Conformity MOU Page 13 of 24 
(g) Signatory Agreement. -- The undersigned, as authorized representatives of 

the agency, organization or party indicated, do hereby mutually agree to adopt, 

implement and abide by the procedures for interagency consultation, resolution 

of conflict, public consultation and enforcement and enforceability procedures 

herein, and shall ensure that said agency, organization or party will abide by the 

terms of this MOU in order to satisfy the consultation requirements set forth in 40 

CFR 93.105, and the enforcement and enforceability provisions of 40 CFR 

93.125(c) and 40 CFR 122(a)(4)(ii). This MOU becomes effective and binding on 

the date of the final signature below, but also may be executed in separate 

counterparts, in which case the final agreement will have the same force and 

effect as if executed singly. 

KYOVA Transportation Conformity MOU Page 14 of 24 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: KYOVA, Ohio EPA, ODOT, WVDEP, WVDOT, FHWA, FTA and 

U.S.EPA 

LIST of SIGNATORIES 

Note: Signatures appear on separate, multiple pages. 

Jason Stephens 

Chairman 

KYOVA Interstate Planning Commission 

Scott J. Nally 

Director 

Ohio Environmental Protection Agency 

Jerry Wray 

Director 

Ohio Department of Transportation 

Randy C. Huffman 

Cabinet Secretary 

West Virginia Department of Environmental Protection 

Paul Mattox, Jr., P.E. 

Cabinet Secretary 

West Virginia Department of Transportation 

Susan Hedman 

Regional Administrator 

Region 5 

U.S. Environmental Protection Agency 

Laura S. Leffler 

Division Administrator 

Ohio Division 

Federal Highway Administration 

Marisol Simon 

Regional Administrator 

Region 5 

Federal Transit Authority 

KYOVA Transportation Conformity MOU Page 15 of 24 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

KYOVA, Ohio ODOT, WVDEP, WVDOT, FHWA, FTA and U.S. 

EPA 

KYOVA Transportation Conformity MOU 16 ol24 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: KYOVA, Ohio EPA, ODOT, WVDEP, WVDOT, FHWA, FTA and 

U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

~ ' Dale "s-/1 /J <f craig~ler 

Director 

Ohio Environmental Protection Agency 

KYOVA Transportation Conformity MOU Page 17 of 24 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: KYOVA, Ohio EPA, ODOT, WVDEP, WVDOT, FHWA, FTAand U.S. 

EPA 

Note: Signatures appear on separate, multiple pages. 

KYOVA Transportation Conformity MOU Page 18 of 24 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: KYOVA, Ohio EPA, ODOT, WVDEP, WVDOT, FHWA, FTA and 

U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

Susan Hedman 

Regional Administrator 

Region 5 

U.S. Environmental Protection Agency 

KYOVA Transportation ConfoiTnity fliiOU Page 19 of 24 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: KYOVA, Ohio EPA, ODOT, WVDEP, WVDOT, FHWA, FTA and 

U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

~k~Date: \?'v\v Randy C. Huffman 

Cabinet Secretary 

West Virginia Department of Environmental Protection 

KYOVA Transportation Conformity MOU Page 20 of 24 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: KYOVA, Ohio EPA, ODOT, WVDEP, WVDOT, FHWA. FTA and 

U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

Jl-4~~~~~~L_- Date: _:__/<::>-'/_!_,C._,_/;-<-)_ 

Paul Mattox Jr., P.E. 

Cabinet Secretary 

West Virginia Department of Transportation 

KYOVA Transportation Conformity MOU Page 21 of 24 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: KYOVA, Ohio EPA, ODOT, WVDEP, WVDOT, FHWA, FTA and 

U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

~~~ !VISion Adm1mstrator 

Date: Cj -3D-.;l.Ot.S 

Ohio Division 

Federal Highway Administration 

KYOVA Transportation Conformity MOU Page 22 of 24 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: KYOVA, Ohio EPA, ODOT, WVDEP, WVDOT, FHWA, FTAand 

U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

Marisol Simon 

Regional Administrator 

Region 5 

Federal Transit Administration 

Date: ~ 'd.. 7 · 2-0 f}? 

KYOVA Transportation Conformity MOU Page 23 of 24 
APPENDIX 

Initial List of Level One Consultation Contacts for the 

Memorandum of Understanding 

Transportation Conformity Consultation Procedures 

Parties: KYOVA, Ohio EPA, ODOT, WVDEP, WVDOT, FHWA, FTA and 

U.S. EPA 

Mr. Saleem A. Salameh, P.E. 

Transportation Study Director 

KYOVA Interstate Planning Commission 

720 Fourth Avenue 

Huntington, WV 25701 

Mr. Mike Maleski 

Environmental Specialist 2 

Ohio EPA- DAPC 

P.O. Box 1049 

Columbus, OH 43216-1049 

Mr. Dave Moore 

MPO Program Manager 

ODOT -Systems Planning and Program Mgmt. 

1980 W. Broad Street 

Columbus, OH 43223 

Mr. Sam Granato 

Transportation Engineer 

ODOT -Office of Technical Services 

1980 W. Broad Street 

Columbus, OH 43223 

Richard Warner, P.E. 

Assistant Director 

WVDOT -Planning & Research Division 

Building Five, 8th Floor 

1900 Kanawha Blvd,. East 

Charleston, WV 25305-0430 

Mark White, P.E. 

CMAQ Coordinator 

WVDOT- Division of Highways 

Building Five, 8th Floor 

1900 Kanawha Blvd., East 

Charleston, WV 25305-0430 

Mr. William Frederick Durham 

Assistant Director, Planning 

WVDEP, Division of Air Quality 

601 57th Street, SE 

Charleston, WV 24304 

Ms. Patricia Morris 

Transportation Conformity Coordinator 

U.S. EPA- Region 5 (AR-18J) 

77 West Jackson Boulevard 

Chicago, IL 60604 

Mr. Frank Burkett* 

Air Quality Specialist 

FHWA -Ohio Division 

200 North High Street, Room 328 

Columbus, OH 43215-2408 

Mr. Martin Kotsch 

Transportation Conformity Coordinator 

U.S. EPA Region 3 

1650 Arch Street (3AP23) 

Philadelphia, PA 19103-2029 

Mr. JeffreyS. Blanton, P.E. 

Statewide & Urban Planning Engineer 

FHWA- West Virginia Division 

700 Washington Street E. 

Charleston, WV 25301 

Mr. Anthony Tarone 

Transportation Program Specialist 

FT A- Region 3 

1760 Market Street, Suite 500 

Philadelphia, PA 19103 

*Ohio FHWA is lead for U.S. DOT and will coordinate with FTA Region V staff as needed. 

KYOVA Transportation Conformity MOU Page 24 of 24 
Attachment E 

Memorandum of Understanding with 

The Ohio-Kentucky-Indiana Regional Council of 

Governments (OKI) 
MEMORANDUM OF UNDERSTANDING 

AMONG 

THE OHIO-KENTUCKY-INDIANA REGIONAL COUNCIL OF GOVERNMENTS, 

THE OHIO ENVIRONMENTAL PROTECTION AGENCY, 

THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, 

THE INDIANA DEPARTMENT OF TRANSPORTATION, 

THE MIAMI VALLEY REGIONAL PLANNING COMMISSION, 

THE OHIO DEPARTMENT OF TRANSPORTATION, 

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY-REGION 5, 

THE FEDERAL HIGHWAY ADMINISTRATION-OHIO DIVISION, 

THE FEDERAL HIGHWAY ADMINISTRATION-INDIANA DIVISION, 

THE FEDERAL TRANSIT ADMINISTRATION-REGION 5 

The purpose of this Memorandum of Understanding (MOU) is to implement section 176(c)(4)(E) 

of the Clean Air Act (CAA), as amended (42 USC 7401 et seq.), the related requirements of 23 

U.S. C. 1 09U). and regulations under the Code of Federal Regulations (CFR) section 40, Part 

93, Subpart A w'1th respect to the conformity of transportation plans, programs, and projects that 

are developed, funded or approved by the United States Department of Transportation (U.S. 

DOT) and by Metropolitan Planning Organizations (MPOs), and the Ohio Department of 

Transportation (Ohio DOT), the Indiana Department of Transportation (INDOT) or other 

recipients of fur1ds under title 23 USC or the Federal Transit Laws (49 USC Chapter 53). This 

MOU sets forth policy, criteria, and procedures for demonstrating and assuring conformity of 

such activities to applicable implementation plans developed according to Part A, section 110 

and Part D of the CAA. 

This is a MOU concerning the criteria and procedures for the conformity determination of 

transportation plans, programs and projects in the Cincinnati-Middletown-Wilmington OH-KY-IN, 

Combined Statistical Area for National Ambient Air Quality Standards (NAAQS), pursuant to the 

CAA Amendments of 1990. 

The Kentucky portion of the Cincinnati-Middleltown-Wilmington OH-KY -IN area witt have a 

separate state rule or agreement for transportation conformity consultation, Although the 

Kentucky agencies ar1d Region 4 federal agencies are not parties to this agreement, the 

agencies are expected to participate in the consultation meetings and to review materials. 

These parties are: Kentucky Environmental and Public Protection Cabinet (KEPPC); United 

States Environmental Protection Agency-Region 4 (U.S. EPA-R4); Kentucky Transportation 

Cabinet (KYTC); Federal Highway Administration-Kentucky Division (FHWA-KY); and Federal 

Transit Administration-Region 4 (FTA-R4). These parties do not need to be signatories to this 

MOU since Kentucky will submit a revision to the Kentucky SIP to address transportation 

conformity consultation procedures which will be the sarne or substantially similar to these 

procedures. 

The 10 parties to this MOU are as follows, hereafter referred to as "all parties": 

Ohio-Kentucky-Indiana Regional Council of Governments MPO (OK!) 

Miami Valley Regional Planning Commission (MVRPC) 

Ohio Environmental Protection Agency (Ohio EPA) 

Indiana Department of Environmental Management (IDEM) 

Ohio Department of Transportation (Ohio DOT) 

Indiana Department of Transportation (IN DOT) 

Federal Highway Adm'1nistration-Ohio Divis'1on (FHWA-OH) 

1 
Federal Highway Administration-Indiana Division (FHWA-JN) 

Federal Transit Administration-Region 5 (FTA-R5) 

United States Environmental Protection Agency-Region 5 (U.S. EPA-R5) 

This MOU will be submitted as a revision to the Ohio State Implementation Plan (SIP) required 

by section 176 of the CAA Amendments of 1990 and will govem conformity determinations in 

the OKI MPO area. The OKI region consists of Dearborn County, Indiana; Boone, Campbell, 

and Kenton counties in Kentucky; Butler, Clermont, Hamilton and Warren counties in Ohio. OKI 

is responsible for the air quality conformity determination for the region's transportation plans, 

projects and programs in these counties. Clinton County is outside of the OKI region, but is part 

of the ozone nonattainment area. Ohio DOT is the lead planning agency for Clinton County. 

MVRPC is the lead planning agency for the cities of Franklin, Carlisle and Springboro in Warren 

County Ohio. 

This MOU will continue to apply to any revised nonattainment area geographies resulting from 

future designations, or designation revisions for the criteria pollutants within the OK! areas. 

Execution of this MOU by each party shall be by signature of each party's representative. 

The provisions of this MOU shall be implemented through appropriate procedures, resolutions, 

or other means, in order to comply with the requirements of all federal and state laws and 

regulations relating to the conformity determination and development of applicable 

implementation plan revisions. This MOU along with Attachments A and B defines and 

delineates the roles, processes, and responsibilities of each signatory to this MOU. 

2 
Attachment A 

Transportation Air Quality Conformity Protocol 

Conformity Procedures 

In accordance with the requirements under section 176 (c)(4)(C) of the CM, Ohio EPA 

submitted a state implementation plan (SIP) revision to U.S. EPA on August 17, 1995. This 

submittal was found to be complete on October 5, 1995. In this submittal, Ohio EPA adopted 

state rules to meet the requirements of 40 CFR Part 51, Subpart T, as published on November 

24, 1993. Transportation conformity is required for all nonattainment or maintenance areas for 

any transportation related criteria pollutants [40 CFR 51.394 (b)]. 

On August 10, 2005, the President signed into law the Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for Users (SAFETEA-LU). SAFETEA-LU promotes more 

efficient and effective Federal surface transportation programs by focusing on transportation 

issues of national significance, while giving state and local transportation decision makers more 

flexibility for solving transportation problems in their communities. Section 6011 of SAFETEALU specifically addresses transportation conformity. One of the requirements, (f}(4)(E) states, 

"Not later than 2 years after the date of enactment of the SAFETEA-LU the 

procedures under subparagraph (A) shall include a requirement that each state 

include in the state implementation plan criteria and procedures for consultation 

required by subparagraph (D) (i), and enforcement and enforceability (pursuant 

to sections 93.125 (c) and 93.122 (a) (4) (ii) of Title 40, Code of Federal 

Regulations (CFR) in accordance with the Administrator's criteria and procedures 

for consultation, enforcement and enforceability." 

States are no longer required to adopt all of the provisions of the federal conformity rule. The 

three required conformity SIP elements are: 

1) consultation procedures [40 CFR 93.1 05] (Attachment B); 

2) procedures for determining regional transportation-related 

emissions [40 CFR 93.122(a)(4)(ii)] (Attachment A); and 

3) enforceability of design concept and scope and project-level 

mitigation and control measures [40 CFR 93.125 (c)] (Attachment 

A). 

In accordance with 40 CFR 93.105, the SIP or SIP revision shall include procedures for 

interagency consultation (federal, state and local), resolution of confticts, and public consultation 

as described in Attachment B. Public consultation shall be developed in accordance with the 

requirements for public participation in 23 CFR Part 450. The SIP shall include procedures to 

be undertaken by OKI, stale and federal DOTs, local air quality agencies and U.S. EPA, prior to 

making transportation conformity determinations, and by state and local air agencies and U.S. 

EPA with OKI, state and federal DOTs, in developing applicable implementation plans. OKI 

and Ohio DOT must provide reasonable opportunity for consultation with all parties and local air 

quality and transportation agencies as described in Attachment B. 

3 
In accordance with 40 CFR 93.122(a)(4)(ii), OK! will not include emissions reduction credits 

from any control measures that are not included in its transportation plan (TP) or transportation 

improvement program (TIP) and do not require a regulatory action, in the regional emissions 

analyses used in the conformity demonstration unless OK!, or FHWAIFTA obtains 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. Prior to making a conformity determination on a TP or TIP, 

OKI will ensure the project design concept and scope are appropriately identified in the 

emissions analyses used in the regional conformity demonstration. 

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 

written commitments, as defined in 40 CFR 93.101, to implement any project-level mitigation or 

control measures in the construction or operation of the project identified as conditions for 

National Environmental Policy Act (NEPA) approval. The written commitments to implement 

those project-level mitigation or control measures must be fulfilled by the appropriate entities. 

Prior to making a project-level conformity determination, written commitments will be obtained 

before such mitigation or control measures are used in a project-level hot-spot conformity 

analysis [40 CFR 93.125(c)]. Consultation on these commitments will take place as a part of a 

consultation process prior to the project-level conformity analysis and determination. 

Interagency consultation for a project-level conformity analysis may occur separately from the 

consultation used during the development of a regional conformity demonstration. 

4 
Attachment B 

interagency Consultation Procedures 

I. General 

Ohio EPA will submit these consultation procedures as a revision to the SIP, whereby all parties 

to this MOU and other organizations with responsibilities for developing, submitting, or 

implementing provisions of a SIP must consult with each other on the development of the SIP, 

the TP, the TIP, and associated conformity determinations in accordance with 40 CFR 

93.105(b)(1). 

These procedures implement the interagency ccnsultation process for OKI and include 

procedures to be undertaken by all parties to this MOU before making transportation conformity 

determinations on the TP and TIP in accordance with 40 CFR 93.105(a)(1) and 40 CFR 

93.1 05(c)(3). This area's geographic coverage includes two MPO's, eight counties in three 

states: Dearborn County, Indiana: Boone, Campbell, Kenton counties in Kentucky; Butler, 

Clermont, Hamilton and Warren counties in Ohio. OKI's TP and TIP address only the MPO 

area. Clinton County is outside of the OKI region, but is part of the nonattainment area. Ohio 

DOT is the lead planning agency for Clinton County. MVRPC is the lead planning agency for 

the cities of Franklin, Carlisle and Springboro in Warren County, Ohio. These analyses are 

combined to make a conformity determination for the OKI region. KYTC and IDEM are lead 

planning agencies for their respective areas not within the OKI region. 

Persons of any organizational level in the signatory agencies may participate in the of the 

interagency consultation group. All consultation will be open to the public, but not necessitate 

official public notification. Each agency chooses its representative for interagency consultation, 

and forwards that person's contact info to OKI whose representative is responsible for 

maintaining the participant list. Changes in representatives will be given to OK!. OKI will in turn 

redistribute it to all parties. OKI is responsible for convening meetings and providing an agenda. 

Interagency consultation frequency will be as needed, unless there is consensus among the 

consultation parties to meet on a specific schedule (i.e. quarterly, biannually, annually, etc.). In 

most cases, consultation will be via conference call and/or email unless the interagency 

consultation group decides that certain items may require a face-to-face meeting and could not 

be handled via conference call or email. 

Early in the TP and/or TIP development process, the MPO will develop a schedule for key 

activities and meetings leading up to the adoption of the TP, TIP or amendment to the TP or 

TIP. In developing the draft TP and/or TIP, the MPO brings important air quality conformity TP 

and/or TIP related issues to all parties in the interagency consultation group for discussion and 

feedback. OKI is responsible for making all materials used for these discussions available to 

the interagency consultation group prior to the ccnsultation sessions. Similar consultation will 

occur with TP amendments if a new regional analys'1s is required. 

Public participation in the development of the TP and/or TIP will be provided in accordance with 

OKI's adopted Public Participation Procedures in accordance with 23 CFR 450. 

5 
OKI will provide the interagency consultation group an opportunity to review the draft conformity 

analysis. This review will typically take place during the public review period. This is typically 

done by e-mail. The interagency consultation group will respond promptly to the OKI staff with 

any comments. Members of the public can comment on the draft conformity analysis in 

accordance with OKI's adopted public participation procedures. All comments received will be 

included in the final confomnity documentation. 

OKI and Ohio EPA will be responsible for maintaining a list of any TCMs that are in the 

applicable SIP for the OKI area [see section IV a). 

The following process provides for final documents to be provided to all interagency consultation 

group members as required by 40 CFR 93.105(c)(7): 

After the OKI Board of Director's (MPO Board) adopts the final TP or TIP and associated 

conformity determination, OKI will provide the final conformity documentation to FHWA and the 

interagency consultation group for a federal conformity finding. FHWA will initiate formal 

consultation and will provide 30 days for written comments from the interagency consultation 

group members. If appropriate, FHWA will issue the fomnal conformity finding on behalf of U.S. 

DOT. The TP update or amendment becomes effective the date the U.S. DOT conformity 

finding is issued. The TIP update or amendment only becomes effective after the U.S. DOT 

conformity finding is issued, and the FHWA approves the associated TIP update or amendment 

into Ohio's State Transportation Improvement Program (STIP). OK! will transmit electronic 

copies of the final conformity analysis to the interagency consultation group members and place 

a final copy on OKI's Web site. 

II. Consultation on Transportation Plans, Transportation Plan Amendments, 

Transportation Improvement Programs, and Transportation Improvement 

Program Amendments [40 CFR 93.105] 

Consultation on all non-conformity related aspects of transportation plans, transportation 

improvement programs, and amendments thereto shall be governed by the applicable 

participation plans developed pursuant to 23 USC 134/49 USC 5303(1)(5), (1)(6), and U)(4) and 

23 USC 135/49 USC 5304 (f)(3) and (g)(3). Consultation on conformity related aspects of these 

activities are delineated below. 

a) Consultation on Transportation Plan and Transportation Plan Amendment Conformity 

Process 

The federal conformity rules at 40 CFR Part 93 defines the criteria and procedures by which 

conformity will be established in accordance with 40 CF 93.105 (c), interagency consultation 

will include the following topics, as appropriate: 

• travel forecasting and modeling assumptions; 

• latest planning assumptions; 

• motor vehicle emission factors to be used in conformity analysis; 

• appropriate analysis years; 

• determination of exempt projects and evaluating whether projects otherwise exempted 

(as listed in 93.126 and 93.127) should be treated as non-exempt; 

6 
• determination of which minor arterials and other transportation projects should be 

considered regionally significant projects for the purposes of regional emissions analysis 

(in addition to those functionally classified as principal arterial or higher or fixed 

guideway systems or extensions that offer an alternative to regional highway travel; 

• which projects should be considered to have a significant change in design concept and 

scope from the transportation plan or TIP; 

• treatment of regionally significant projects (federal and non-federal funded) assumed in 

the transportation network and the year of operation; 

• treatment of regionally significant projects that span MPO boundaries; 

• status of TCM implementation; 

• financial constraints and other requirements that affect conformity pursuant to federal 

statewide and metropolitan planning regulations (this item is not a requirement for 

consultation); 

• reliance on a previous regional emissions analysis; 

• conformity process public participation procedures; and 

• the need for interim TP (in the event of a conformity lapse). 

OKI is the lead agency for development of its transportation plans and amendments thereto. 

OK! is the lead agency for the development of the associated transportation conformity 

analyses for the Ohio counties of Butler, Clermont, Hamilton, and Warren, the Kentucky 

counties of Boone, Campbell and Kenton, and Dearborn County, Indiana. MVRPC, Ohio 

DOT, KYTC and IDEM are lead agencies for the conformity analyses for their respective 

areas outside the OKI region. OK! and the interagency consultation group will be provided 

the opportunity to review the Ohio DOT, and IN DOT analyses prior to inclusion in the overall 

conformity document. The interagency consultation parties will participate in the plan 

development process, review associated documentation, and collaboratively decide on 

aspects of the conformity determination that must be determined through interagency 

consultation according to the regulations at 40 CFR Part 93. Opportunity for comment and 

participation is provided in the interagency consultation conferencing and by commenting on 

draft materials as described in the general of this document. 

If new designations for criteria pollutants occur that expand analyses areas beyond those 

defined above, interagency consultation will determine the parties responsible for 

conducting those analyses in accordance with 40 CFR 93.1 05(c)(2)(ii). 

b) Consultation and Notification Procedures for Conformity Analysis of TIP and TIP 

Amendments 

Federal conformity rules at 40 CFR Part 93 defines the criteria and procedures by which 

conformity will be established. Following OK!'s notice that the TIP air quality conformity 

process has been initiated, OK! and Ohio DOT will coordinate the TIP transportation 

conformity interagency consultation process. Interagency consultation will include the same 

topics listed for the transportation plan (see section II. a) as well as the additional topics 

listed below in accordance with 40 CFR 93.105 (c). 

• identification of exempt TIP projects; 

• identification of exempt projects which should be treated as nonexempt; and 

• determination of an interim TIP (in the event of a conformity lapse) inclusive of projects 

that can advance during a conformity lapse. 

7 
For TIP amendments, OKI and Ohio DOT will consult as identified below: 

Consultation required in situations requiring a conformity determination, including but not 

limited to: 

• add non-exempt, regionally significant project that has not been accounted for in the 

regional emissions analysis; and 

• change in non-exempt, regionally significant project that is not consistent with the design 

concept and scope or the conformity analyses years. 

The interagency consultation group will be provided an opportunity to review the draft TIP or 

TIP amendment conformity documentation concurrent with the TIP public involvement 

review period. OKI will respond to any questions or comments from the consultation parties 

within 10 days. After the public review period OKI will adopt the final TIP or TIP amendment 

and conformity determination. OKI will provide the final TIP or TIP amendment and 

conformity documentation to the affected state DOT(s). The affected state DOT(s) will 

forward the documents to FHWAIFTA for final review, incorporation into the STIP and U.S. 

DOT conformity determination as required by 40 CFR 93.105 (c)(?) and 23 CFR 450.322 of 

the FHWA!FTA Statewide and Metropolitan Planning rule. Copies of the final TIP or TIP 

amendment and confotmity documentation will be made available on OKI's Web site. 

Ill. Transportation Plan and Transportation Improvement Program Interagency 

Consultation Agency Roles and Responsibilities [40 CFR 93.105{b)(2)] 

Ohio EPA, IDEM 

• Reviews and comments on all aspects of the conformity determinations for the TP and 

TIP in a timely manner; 

• Develops, solicits input on and adopts motor vehicle emission budgets; 

• Seeks U.S. EPA approval for the use of motor vehicle emissions factors and mobile 

source budgets in conformity analyses; and 

• Reviews and comments on the transportation plan and TIP development documentation 

and associated air quality analyses in as agreed in this document. 

Ohio DOT, INDOT 

• Participates as a voting member of the OKI Board of Director's and committees as 

defined by the OKI agency bylaws; 

• Project initiator for state sponsored transportation improvement projects in the OKI 

region; 

• Works directly with OKI in providing and reviewing detailed project programming 

information; 

• Defines the design concept and scope of state sponsored transportation improvement 

projects to conduct regional emissions analysis; 

• Promptly notifies OKI of changes in design concept and scope, cost, and implementation 

year of regionally significant state sponsored projects; 

• Assures project-level CO and PM hotspot analyses are included in OKI region 

transportation project NEPA documentation when required; 

• Identifies and commits to project-level CO and PM mitigation measures for state 

sponsored transportation projects, as required; 

8 
• Implements TCMs for which Ohio DOT/KYTC/INDOT is responsible on the schedule that 

is found in the SIP; 

• Maintains a list of TCMs in the SIP and progress toward implementing the TCMs; 

• Works with local municipalities and other project sponsors to ensure that the above 

procedures are also implemented on locally sponsored highway projects; and 

• Assists OK! with travel demand modeling and mobile source emissions estimating 

processes. 

For STIP and STIP amendments exclusively involving projects within the Cincinnati-MiddletownWilmington OH-KY-IN, Combined Statistical Area for NAAQS, but outside MPO boundaries, 

Ohio DOT, or INDOT will develop, coordinate, prepare and circulate conformity documentation 

for interagency consultation and public participation. 

OK! 

• Develops, coordinates, and circulates transportation plan and TIP supporting and 

technical documentation for interagency ccnsultation and public participation; 

• Conducts transportation plan/TIP and air quality conformity public participation 

processes; 

• Maintains demographic and land use data for travel demand forecasting and regional 

emissions analysis; 

• Works with Ohio DOT, INDOT and local sponsors to define the design concept and 

scope of projects in the transportation plan and TIP to conduct regional emissions 

analysis; 

• Prepares transportation plan/TIP conformity documentation; 

• Includes funding for SIP mandated TCMs in the transportation plan and TIP if required; 

and 

• Adopts iransportation plan/TIP, performs the regional emissions analysis and makes 

conformity determinations. 

MVRPC, in the Cincinnati (Franklin, Carlisle, and Springboro) Air Quality Region: 

• Develops, coordinates, and circulates transportation plan and TIP supporting and 

technical documentation for interagency consultation and public participation; 

• Conducts transportation plan/TIP and air quality conformity public participation 

processes; 

• Provides OKI with the design ccncept and scope of projects in the transportation plan 

and TIP to conduct regional emission analyses; 

• Prepares transportation plan/TIP conformity documentation; 

• Includes funding for SIP mandated TCMs in the transportation plan and TIP; and 

• Adopts transportation plan/TIP and make conformity determinations. 

In the Cincinnati (Franklin, Carlisle, and Springboro) Air Quality Region OKI will: 

• Maintains demographic and land use data for travel demand forecasting and regional 

emissions analysis; and 

• Conducts the analysis and prepare transportation plan/TIP conformity documentation. 

If a new conformity determination is needed in the Cincinnati Air Quality Region due to 

transportation plan/TIP amendments in the MVRPC MPO only, MVRPC will be responsible 

for initiating interagency consultation and conducting the public participation process and 

OKI will conduct the conformity analysis and provide conformity documentation. 

9 
U.S. EPA 

• Administers and provides guidance on the CAA and transportation conformity 

regulations; 

• Determines adequacy of motor vehicle emissions budget used for making conformity 

determinations; 

• Reviews and comments on transportation plan and transportation improvement program 

documentation in keeping with participation plan requirements; and 

• Reviews and comments on conformity determinations for the transportation plans and 

transportation improvement programs. 

FHWAIFTA 

• Consults with U.S. EPA on transportation conformity determinations. 

• Provides guidance on transportation planning regulations; 

• Ensures that all transportation planning and transportation conformity requirements 

contained in 23 CFR Part 450 and 40 CFR Part 93, respectively, are met; 

• Works with transit agencies to ensure that conformity procedures are implemented in 

transit agency-sponsored projects; and 

• Makes transportation planfTIP conformity determinations. 

IV. State Implementation Plan (SIP) Consultation Process [40 CFR 93.105] 

a. SIP Consultation Structure and Process in Ohio 

Ohio EPA is responsible for preparing the SIP. If new transportation control strategies or TCMs 

are considered necessary to achieve and/or maintain federal air quality standards, the 

interagency consultation group will discuss possible TCMs for inclusion in the SIP. Ohio EPA 

will provide and update schedules for SIP development that will be available to all agencies and 

the public. Public involvement will be in accordance with Ohio EPA's public involvement 

procedures. Key documents will be posted on Ohio EPA's Web site. 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. 

Ohio EPA is responsible for informing OK! of any TCMs in the SIP and OKI is responsible for 

maintaining a list of these TCMs and is responsible for tracking progress toward implementation 

and will share the list and implementation schedule with the interagency consultation parties. 

The interagency consultation parties will determine as required by 40 CFR 93.113(c) (1) 

whether past obstacles to implementation of TCMs, which are behind the schedule established 

in the SIP, have been identified and are being overcome. The interagency consultation group 

will assure that state and local agencies provide approval and funding priority to TCMs that are 

approved in the SIP. The interagency consultation group will also consider revisions to the SIP 

to remove TCMs or substitute TCMs or other emission reduction measures. 

OKI and Ohio DOT develop the travel activity and emissions data that are used by Ohio EPA in 

establishing the on-road motor vehicle emission inventories for the SIP with consultation from 

Ohio EPA on the inputs for emission modeling. 

10 
If new transportation control strategies are considered that may aid the region to achieve and/or 

maintain federal air quality standards, Ohio EPA will provide OKI and Ohio DOT with guidance 

for estimating their impacts on regional emissions This SIP process will define the motor vehicle 

emissions budget (MVEB), and its various components, that will be used for future conformity 

determinations of the TP and TIP. Prior to publishing the draft SIP, OKI, Ohio DOT, KYTC, 

KEPPC, INDOT and IDEM will have an opportunity to review and comment on the proposed 

MVEB. 

In accordance with 40 CFR 93.105 (b )(2)(iii) and 40 CFR g3.1 05 (c)(7) Ohio EPA will circulate 

the draft SIP for public review, and all comments will be responded to in writing prior to adoption 

of the SIP. The draft will be amended as needed in response to comments received. Ohio EPA 

will then transmit the final document with amendments, along with the public notice, public 

hearing transcript and a summary of comments and responses, to U.S. EPA 

b. Agency Roles and Responsibilities [40 CFR 93.105(b)(2)(i)J 

The following provides a summary on the roles and responsibilities of the different agencies with 

involvement in development and review of SIP submittals dealing with TCMs or emissions 

budgets. 

Ohio EPA, KEPPC, IDEM 

• Responsible for air quality monitoring, preparation and maintenance of detailed and 

comprehensive emissions inventories, air quality modeling, and other air quality planning 

and control responsibilities; 

• Responsible for preparing drafts of SIP submittals, revising those drafts, incorporating 

other agencies' comments, attending and scheduling public hearings, preparing public 

hearing transcripts and responding to public comments; 

• Responsible for timely SIP submittal to U.S. EPA; and 

• Provides concurrence with TCM substitution in the SIP. 

Ohio DOT, KYTC, 11-IDOT 

• Assists in developing regional travel demand forecasts used in the SIP mobile emissions 

inventories and analyses of new TCMs; 

• Assists in developing mobile source inventories and analyses as needed; and 

• Participates in reviewing and commenting on draft SIP documents. 

OKI 

• Responsible for developing regional transportation emissions analysis used in the SIP 

emiss·lons ·Inventories and analyses of new TCMs; 

• Monitor and report on implementation of federal TCMs; 

• Responsible for providing review and comments on draft SIP documents; and 

• Provides concurrence with TCM substitution in the SIP. 

U.S. EPA 

• Receives the Ohio EPA SIP submittals and has the responsibility to act on them in a 

timely manner; 

• Reviews and comments on submittals through various meetings, workshops and hearing 

that are conducted; 

• Provides guidance on the CAA; 

11 
• Determines adequacy of motor vehicle emissions budget used for making TP/TIP 

conformity findings; and 

• Provides concurrence with TCM substitution in the SIP. 

FHWA/FTA 

• Provides guidance on transportation planning regulation; and 

• Participates in the SIP review and comment process. 

Please note: while these are key areas and agencies involved in the development of the SIP, 

participation in the SIP process by other agencies may occur. 

V. Project-level Conformity Determinations for Carbon Monoxide (CO) and/or 

Fine Particulate Matter (PM) [40 CFR 93.105 (c)(1)(i)] 

Project sponsors are required to conduct project-level conformity analyses by the FHWA/FTA 

NEPA process. FHWA/FTA are responsible for making all project-level conformity 

determinations. FHWA/FTA, with the participation of U.S. EPA, identifies the applicable 

procedures for CO and/or PM analyses. Project sponsors should use the most recently 

identified procedures. In accordance with 40 CFR 93.105 (c)(1 )(i) and other applicable 

regulations, Ohio DOT, KYTC and IN DOT will determine the following: 

1. That FHWA/FTA, with U.S. EPA review participation, has approved the project-level CO 

and/or PM conformity analyses which are included in the project's environmental 

document prior to initiating federal authorizations. 

2. That the design concept and scope of the project has not changed significantly from that 

used by OK!, Ohio DOT, K.YTC and INDOT in their most recent regional transportation 

conformity analyses of the TP and TIP. 

The OKI governing board or policy committee may periodically review and participate with Ohio 

DOT, KYTC, INDOT and other agencies as appropriate in the update of the CO and/or PM 

analyses. Through the NEPA process, Ohio DOT, KYTC and INDOT may provide technical 

guidance to project sponsors who use these procedures. 

VI. Monitoring of Transportation Control Measures (TCMs) 

[40 CFR 93.105 (c)(1)(iv)] 

As part of the conformity documentation for a TP and/or TIP, OKI will identify the status of SIP 

TCMs. If TCM emissions reductions are included as part of the motor vehicle emissions budget, 

OK! will estimate the portion of emission reductions that have been achieved. If there are 

funding or scheduling issues for a SIP transportation control measure, OKI will describe the 

steps being undertaken to overcome these obstacles, including means to ensure that funding 

agencies are giving these TCMs maximum priority. OKI may propose substitution of a new 

TCM or TCMs for all or a portion of an existing TCM that is experiencing implementation 

difficulties (see section VII below). 

12 
VII. Conflict Resolution [40 CFR 93.105 (d)] 

Conflicts between any parties of this MOU that arise during consultation will be resolved as 

follows: 

1. A statement of the nature of the conflict will be prepared and agreed to by the conflicting 

parties and shared with the remaining signatories. 

2. Disagreeing parties will consult in a good faith effort to resolve the conflict in a manner 

acceptable to all parties. 

3. If they are unsuccessful, the directors of the signatory agencies or their designees shall 

meet to resolve differences in a manner acceptable to all parties. 

4. If none of the above steps produces a satisfactory resolution, the directors of the 

signatory agencies have 14 days to appeal to the governor( s) of the affected states. OKI 

will send correspondence to the directors of the signatory agencies informing them that 

attempts to resolve the conflict have failed and they plan to proceed with their conformity 

decision or policy in conflict. The 14-day appeal period will commence on the first normal 

business day following Ohio EPA's and IDEM's receipt of correspondence (whichever is 

later) via Certified U.S. Mail and/or other certified delivery from OKI. The appeal period 

will expire at midnight of the 14th calendar day following receipt of such notice. 

5. If a party other than Ohio EPA or IDEM appeals to the Governor, that participant must 

inform the Ohio EPA or IDEM of the Governor's response to the appeal. Ohio EPA or 

IDEM has an additional 14 calendar days from that notification of appeal to the Governor 

if it disagrees with the response. If Ohio EPA or IDEM appeals to their respective 

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

Governor. If Ohio EPA or IDEM does not appeal to the Governor with'~n 14 days, OKI 

may proceed with the final conformity determinations. The Governor rnay delegate his 

or her role in the process, but not to the head or staff of Ohio EPA, Ohio DOT, IDEM, 

INDOT or OKI. 

VII!. Public Consultation Procedures [40 CFR 93.105 (e)] 

OKI will follow its adopted public participation procedures when making conformity 

determinations on transportation plans and programs. These procedures establish a proactive 

public participation process which provides opportunity for public review and comment by, at a 

minimum, providing reasonable public access to technical and policy information considered by 

OKI at the beginning of the public comment period and prior to taking formal action on a 

conformity determination for the TP and TIP, consistent with these requirements and those of 23 

CFR 450.316(a). Meetings of OKI are open to the public. Any charges imposed for public 

inspection and copying should be consistent with the fee schedule contained in 49 CFR 7.43. 

These agencies also shall provide opportunity for public participation in conformity 

determinations for projects where otherwise required by law. 

13 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: OKI, MVRPC, Ohio EPA, Ohio DOT, IDEM, INDOT, FHWA, FTA and U.S. 

EPA 

LIST of SIGNATORIES 

Note: Signatures appear on separate, multiple pages. 

Mark Policinski 

Executive Director 

Ohio-Kentucky-Indiana Regional Council of Governments 

Donald R Spang 

Executive Director 

Miami Valley Regional Planning Commission 

Chris Korleski 

Director 

Ohio Environmental Protection Agency 

James G. Beasley, P.E., P.S. 

Director 

Ohio Department ofTransportation 

Daniel Murray 

Assistant Commissioner 

Robert J. Shook 

Chairperson 

Indiana Department of Environmental Management, Office of Air Quality 

Joseph Gustin, Deputy Commissioner, Planning Operations 

Indiana Department of Transportation 

Dennis Decker 

Division Administrator 

Ohio Division 

Federal Highway Administration (FHWA-OH is lead for u.s. DOT) 

Robert F. Tally, Jr., P.E. 

Division Administrator 

Indiana Division 

Federal Highway Administration 

Marisol Simon 

Regional Administrator 

Region 5 

Federal Transit Administration 

MaryGade 

Regional Administrator 

Region 5 

U.S. Environmental Protection Agency 

14 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: OKI, MVRPC, Ohio EPA, KEPPC, IDEM, Ohio DOT, KYTC, INDOT, FHWA, 

FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

lA.. /(· ~,1 LJ;:. _J_~Yf;fd1! _ ____,(11-'-f 1_//'_li ____ -,--___ Date: _ 1_2_-_;;:_-_1_-:? __ 

Mark Policinski, Executive Director 

Ohio-Kentucky-Indiana Regional Council of Governments 

Page 15 of 29 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: OKI, MVRPC, Ohio EPA, KEPPC, IDEM, Ohio DOT, KYTC, INDOT, FHWA, 

FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

'Sif/1'-i 

' 

~~~_J_Lr--~~~-Date: _~..:._~~ /~.....~.1...~-/..:._J'"!-'--- erian 0. Martin, Executive Director 

Miami Valley Regional Planning Commission 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: OKI, MVRPC, Ohio EPA, Ohio DOT, IDEM, INDOT, FHWA, FTA and 

U.S.EPA 

Note: Signatures appear on separate, multiple pages. 

cG:.;,,~, : Doteo ~(7 (t '/ 

Ohio Environmental Protection Agency 

17 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: OKI, MVRPC, Ohio EPA, Ohio DOT, IDEM, INDOT, FHWA, FTA and 

U.S.EPA 

Note: Signatures appear on separate, multiple pages. 

18 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: OKI, MVRPC, Ohio EPA, Ohio DOT, IDEM, INDOT, FHWA, FTA and 

U.S.EPA 

Note: Signatures appear on separate, multiple pages. 

;J.? --" /'"') 

-'-""~'"'/,c;:,:V:::·=~~_c:U_')'-"c=~:::::· ·..s;",:c· :=~•·:::::·~=·---- Date: ~.L::::::...__L-'--'--­ Keith Baugues, Assistant Commissioner 

Office of Air Quality 

Indiana Department of Environmental Management 

19 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: OKI, MVRPC, Ohio EPA, Ohio DOT, IDEM, INDOT, FHWA, FTA and 

U.S.EPA 

Note: Signatures appear on separ;;~te, multiple pages. 

20 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: OKI, MVRPC, Ohio EPA, Ohio DOT, IDEM, INDOT, FHWA, FTA and 

U.S.EPA 

Note: Signatures appear on separate, multiple pages. 

~;~u/- ~ _, 

:::--:---:-::::---=--~-:---;-:-:--:-:-:--:-- Date: 

Marisol Simon, Regional Administrator 

3 -!o · Zo/4-

Federal Transit Administration, Region 5 

----------- -----·----···-··-~----- ----·---·-

23 
MEMORANDUM OF UI~DERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: OKI, MVRPC, Ohio EPA, Ohio DOT, IDEM, IN DOT, FHWA, FTA, and U.S. EPA 

Susan Hedman 

Regional Administrator 

Note: Signatures appear on separate, multiple pages. 

United States Environmental Protection Agency 

Region 5 

24 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: OKI, MVRPC, Ohio EPA, KEPPC, IDEM, Ohio DOT, KYTC, INDOT, FHWA, 

FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

Page 25 of29 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: OKI, MVRPC, Ohio EPA, KEPPC, IDEM, Ohio DOT, K.YTC, INDOT, FHWA, 

FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

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\•, \ ;\ "' '~j '\'s '~"l~ ~'S:\:·, · --~--··· Date: ! 2, b' \) 

Jose ~epulveda;'Division Administrator 

Federal Highway Administration, Kentucky Division 

Page 26 of29 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSUlTATION PROCEDURES 

Parties: OKI, MVRPC, Ohio EPA, KEPPC, IDEM, Ohio DOT, KYTC, II'•IDOT, FHWA, 

FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

Page 27 of29 
Attachment F 

Memorandum of Understanding with 

The Lima-Allen County Regional Planning Commission 
MEMORANDUM OF UNDERSTANDING 

AMONG 

THE LIMA-ALLEN COUNTY REGIONAL PLANNING COMMISSION, 

THE OHIO ENVIRONMENTAL PROTECTION AGENCY, 

THE OHIO DEPARTMENT OF TRANSPORTATION, 

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY-REGION 5, 

THE FEDERAL HIGHWAY ADMINISTRATION-OHIO DIVISION, AND 

THE FEDERAL TRANSIT ADMINISTRATION-REGION 5 

The purpose of this Memorandum of Understanding (MOU) is to implement Section 176 of the 

Clean Air Act (CAA), as amended (42 U.S.C. 7401 et seq.), the related requirements of 23 U.S. 

C. 109(j), and regulations under the Code of Federal Regulations (CFR) Section 40, Part 93, 

Subpart A with respect to the conformity of transportation plans, programs, and projects that are 

developed, funded or approved by the United States Department of Transportation (U.S. DOT) 

and by Metropolitan Planning Organizations (MPOs ), and the Ohio Department of 

Transportation (Ohio DOT), or other recipients of funds under title 23 U.S.C. or the Federal 

Transit Laws (49 U.S.C. Chapter 53). This MOU sets forth policy, criteria, and procedures for 

demonstrating and assuring conformity of such activities to applicable implementation plans 

developed according to Part A, Section 110 and Part D of the CAA. 

This is a MOU concerning the criteria and procedures for the conformity determination of 

transportation plans, programs and projects in the Lima, Ohio Metropolitan Statistical area for 

National Ambient Air Quality Standards (NAAQS), pursuant to the. CAAAmendments of 1990. 

The six parties to this MOU are as follows, hereafter referred to as "all parties": 

Federal Highway Administration-Ohio Division (FHWA-OH) 

Federal Transit Administration-Region 5 (FTA-R5) 

Lima-Allen County Regional Planning Commission (LACRPC) 

Ohio Department of Transportation (Ohio DOT) 

Ohio Environmental Protection Agency (Ohio EPA) 

United States Environmental Protection Agency-Region 5 (U.S. EPA-R5) 

This MOU will be submitted as a revision to the Ohio State Implementation Plan (SIP) required 

by Section 176 of the CAA Amendments of 1990 and will govern conformity determinations in 

the LACRPC area which includes all of Allen County. 

This MOU will continue to apply to any revised nonattainment area geographies resulting from 

future designations, or designation revisions for the criteria pollutants within the Allen County 

area. 

Execution of this MOU by each party shall be by signature of each party's representative. 

The provisions of this MOU shall be implemented through appropriate procedures, resolutions, 

or other means, in order to comply with the requirements of all federal and state laws and 

regulations relating to the conformity determination and development of applicable 

implementation plan revisions. The roles, processes and responsibilities of each signatory to 

this MOU are defined and delineated in the MOUand Attachments A and B. 

Page 1 of 17 
Attachment A 

Transportation Air Quality Conformity Protocol 

Conformity Procedures 

In accordance with the requirements under Section 176 (c)(4)(C) of the CAA, Ohio EPA 

submitted a state implementation plan (SIP) revision to U.S. EPA on August 17, 1995. This 

submittal was found to be complete on October 5, 1995. In this submittal, Ohio EPA adopted 

State rules to meet the requirements of 40 CFR Part 51, Subpart T, as published on November 

24, 1993. Transportation conformity is required for all nonattainment or maintenance areas for 

any transportation related criteria pollutants [40 CFR 51.394 (b)]. 

On August 10, 2005, the President signed into law the Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for Users (SAFETEA-LU). SAFETEA-LU promotes more 

efficient and effective Federal surface transportation programs by focusing on transportation 

issues of national significance, while giving State and local transportation decision makers more 

flexibility for solving transportation problems in their communities. Section 6011 of SAFETEALU specifically addresses transportation conformity. One of the requirements, (f)( 4 )(E) states, 

"Not later than 2 years after the date of enactment of the SAFETEA-LU the 

procedures under subparagraph (A) shall include a requirement that each state 

include in the state implementation plan criteria and procedures for consultation 

required by subparagraph (D) (i), and enforcement and enforceability (pursuant 

to sections 93.125 (c) and 93.122 (a) (4) (ii) of Title 40, Code of Federal 

Regulations (CFR) in accordance with the Administrator's criteria and procedures 

for consultation, enforcement and enforceability." 

States are no longer required to adopt all of the provisions of the federal conformity rule. The 

three required SIP elements are: 

1) consultation procedures [ 40 CFR 93. 1 05]; 

2) procedures for determining regional transportation-related 

emissions [40 CFR 93.122(a)(4)(ii)]; and 

3) enforceability of design concept and scope and project-level 

mitigation and control measures [40 CFR 93.125 (c)]. 

In accordance with 40 CFR Section 93.105, the SIP or SIP revision shall include procedures for 

interagency consultation (federal, state and local), resolution of conflicts, and public consultation 

as described in Attachment B. Public consultation shall be developed in accordance with the 

requirements for public participation in 23 CFR Part 450. The plan shall include procedures to 

be undertaken by LACRPC, state and federal DOTs, local air quality agencies and U.S. EPA, 

prior to making conformity determinations, and by state and local air agencies and U.S. EPA 

with LACRPC, state and federal DOTs, in developing applicable implementation plans. 

LACRPC and Ohio DOT must provide reasonable opportunity for consultation with Ohio EPA, 

U.S. EPA and local air quality and transportation agencies as described in Attachment B. 

In accordance with 40 CFR section 93.122 (a)(4)(ii), prior to making a conformity determination 

on the regional transportation plans (RTPs) or transportation improvement programs (TIPs), 

LACRPC will not include emissions reduction credits from any control measures that are not 

included in their RTPs or TIPs and that do not require a regulatory action in the regional 

emissions analyses used in the conformity analyses unless LACRPC or FHWA/FTA obtains 

Page 2 of 17 
written commitments, as defined in 40 CFR section 93.1 01, from the appropriate entities to 

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

measures must be fulfilled by the appropriate entities. Prior to making a conformity 

determination on a RTP or TIP, LACRPC will ensure the project design concept and scope are 

appropriately identified in the emissions analyses used in the regional conformity analyses. 

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

determination for a transportation project, FHW A/FTA must obtain from the project sponsor 

and/or operator written commitments, as defined in 40 CFR section 93.101, to implement any 

project-level mitigation or control measures in the construction or operation of the project 

identified as conditions for National Environmental Policy Act (NEPA) approvaL The written 

commitments to implement those project-level mitigation or control measures must be fulfilled 

by the appropriate entities. 

Page 3 of 17 
Attachment B 

Interagency Consultation· Procedures 

I. General 

Ohio EPA shall provide well-defined consultation procedures in the SIP whereby all parties to 

this MOU and other organizations with responsibilities for developing, submitting, or 

implementing provisions of a SIP must consult with each other on the development of the SIP, 

the RTPs, the TIPs, and associated conformity determinations in accordance with 40 CFR 

93.105(b}(1). 

These procedures implement the interagency consultation process for LACRPC and include 

procedures to be undertaken by all parties to this MOU before making transportation conformity 

determinations on the RTPs and TIPs in accordance with 40 CFR 93.105(a)(1) and 40 CFR 

93.105(c)(3). This area's geographic coverage includes one MPO, LACRPC. LACRPC and 

Ohio DOT perform the conformity analyses for this area. The analyses are used to make a 

conformity determination for the area. 

11. Consultation on Transportation Plans, Transportation Plan Amendments, 

Transportation Improvement Programs, and Transportation Improvement 

Program Amendments [40 CFR 93.105] 

Consultation on all non-conformity related aspects of transportation plans, transportation 

improvement programs, and amendments thereto shall be governed by the applicable 

participation plans developed pursuant to 23 USC 134149 USC 5303(i)(5), (1)(6), and U)(4) and 

23 USC 135/49 USC 5304 (f)(3) and (g)(3). Consultation on conformity related aspects of these 

activities are delineated below. 

a) Consultation on Transportation Plan and Transportation Plan Amendment 

Conformity Process 

Following LACRPC notice that the transportation plan's air quality conformity process 

has been initiated, interagency consultation will define the procedures and 

parameters by which conformity will be established. LACRPC and Ohio DOT will 

coordinate the interagency consultation process. In accordance with 40 CFR 93.105 

(c), interagency consultation will include the following topics, as appropriate: 

• travel forecasting and modeling assumptions; 

• latest planning assumptions; 

• motor vehicle emission factors to be used in conformity analysis; 

• appropriate analysis years; 

• treatment of regionally significant projects (federal and non-federal funded) 

assumed in the transportation network and the year of operation; 

• treatment of regionally significant projects that span MPO boundaries; 

• status of TCM implementation; 

• financial constraints and other requirements that affect conformity pursuant to 

Federal Statewide and Metropolitan Planning regulations; 

• reliance on a previous regional emissions analysis; 

• conformity process public participation procedures; and 

• the need for interim RTPs (in the event of a conformity lapse). 

Page 4 of 17 
LACRPC is the lead agency for development of its transportation plans and 

amendments thereto. The interagency consultation parties will participate in the plan 

development process, review associated documentation, and collaboratively 

establish the procedures and parameters for determining transportation plan 

conformity. 

If new designations for criteria pollutants occur that expand analyses areas beyond 

those defined above, interagency consultation will determine the parties responsible 

for conducting those analyses in accordance with 40 CFR 93.1 05(c)(2)(ii). 

Following LACRPC's approval of its final transportation plan and conformity finding, 

Ohio DOT will provide the final transportation plan and conformity documentation to 

FHW AIFTA for joint review as required by 40 CFR 93.1 05 ( c )(7) and 23 CFR 

450.322 of the FHWAIFTA Statewide and Metropolitan Planning nule. Copies of the 

final transportation plan and conformity documentation also will be made available on 

the LACRPC Web site. 

b) Consultation and Notification Procedures for Conformitv Analysis of TIP and 

TIP Amendments 

Following LACRPC's notice that the TIP air quality conformity process has been 

initiated, interagency consultation will define the procedures and parameters by 

which conformity will be established. LACRPC and Ohio DOT will coordinate the TIP 

transportation conformity interagency consultation process. Interagency consultation 

· will include the same topics listed for the transportation plan (see Section II. a) as 

well as the additional topics listed below in accordance with 40 CFR 93.105 (c). 

• identification of exempt TIP projects; 

• identification of exempt projects which should be treated as nonexempt, and 

• determination of an interim TIP (in the event of a conformity lapse) inclusive of 

projects that can advance during a conformity lapse. 

For TIP amendments, LACRPC and Ohio DOT will consult as identified below: 

Consultation required in situations requiring a conformity determination, including but 

not limited to: 

• add a regionally significant project to the TIP when it has already been 

appropriately accounted for in the regional emissions analysis for the 

transportation plan; 

• add a non-regionally significant project to the TIP; 

• add non-exempt, regionally significant project that has not been accounted for in 

the regional emissions analysis; and 

• change in non-exempt, regionally significant project that is not consistent with the 

design concept and scope or the conformity analyses years. 

After LACRPC approves its final TIP and conformity finding, LACRPC will provide the 

final TIP and conformity documentation to Ohio DOT. Ohio DOT will forward the 

documents to FHWAIFTA for joint review as required by 40 CFR 93.105 (c)(7) and 

23 CFR 450.322 of the FHWAIFTA Statewide and Metropolitan Planning rule. 

Copies of the final TIPs ·and conformity documentation will be made available on 

LACRPC's Web site. 

Page 5 of 17 
Ill. Transportation Plan and Transportation Improvement Program Interagency 

Consultation Agency Roles and Responsibilities [40 CFR 93.105(b)(2)] 

Ohio EPA 

• Reviews and comments on all aspects of the conformity determinations for the 

RTP and TIP in a timely manner. 

• Develops, solicits input on and adopts motor vehicle emission budgets. 

• Seeks U.S. EPA approval for the use of motor vehicle emissions factors and 

mobile source budgets "1n conformity analyses. 

• Reviews and comments on the transportation plan and TIP development 

documentation and associated air quality analyses in a timely manner. 

Ohio DOT 

• Participates as a voting member of the LACRPC MPO governing body and 

associated committees as defined by their respective codes of regulations and/or 

agency bylaws. 

• Project initiator for state sponsored transportation improvement projects in the 

LACRPC region. 

• Works directly with LACRPC in providing and reviewing detailed project 

programming information. 

• Defines the design concept and scope of state sponsored transportation 

improvement projects to conduct regional emissions analysis. 

• Promptly notifies LACRPC of changes in design concept and scope, cost, and 

implementation year of regionally significant state sponsored projects. 

• Assures project level CO and PM hotspot analyses are included in LACRPC 

region transportation project NEPA documentation. 

• Identifies and commits to project level CO and PM mitigation measures for state 

sponsored transportation projects, as required;. 

• Implements TCMs for which Ohio DOT is responsible in a timely fashion. 

• Works with local municipalities and other project sponsors to ensure that the 

above procedures are also implemented on locally sponsored highway projects. 

• Assists LACRPC with travel demand modeling and mobile source emissions 

estimating processes. 

LACRPC 

• Develop, coordinate, and circulate transportation plan and TIP supporting and 

technical documentation for interagency consultation and public participation. 

• Conduct transportation plan!TIP and air quality conformity public participation 

processes. 

• Maintain demographic and land use data for travel demand forecasting and 

regional emissions analysis. 

• Work with Ohio DOT and local sponsors to define the design concept and scope 

of projects in the transportation plan and TIP to conduct regional emissions 

analyses. 

• Prepare transportation plan!TIP conformity documentation. 

• Include funding for SIP mandated TCMs in the transportation plan and TIP. 

• Adopt transportation plan!TIP and make conformity determinations. 

Page 6 of 17 
U.S. EPA 

• Administers and provides guidance on the Clean Air Act and Transportation 

Conformity regulations. 

• Determines adequacy of motor vehicle emissions budgets used for making 

conformity determinations. 

• Reviews and comments on transportation plan and transportation improvement 

program documentation in keeping with participation plan requirements. 

• Reviews and comments on conformity determinations for the transportation plans 

and transportation improvement programs. 

FHWAIFTA 

• Consult with U.S. EPA conformity determinations. 

• Provide guidance on transportation planning regulations. 

• Ensure that all transportation planning and transportation conformity 

requirements contained in 23 CFR Part 450 and 40 CFR Part 93, respectively, 

are met. 

• Work with transit agencies to ensure that conformity procedures are implemented 

in transit agency-sponsored projects. 

• Make transportation planfTIP conformity determinations 

IV. State Implementation Plan (SIP) Consultation Process [40 CFR 93:i05] 

a) SIP Consultation Structure and Process 

Ohio EPA is responsible for preparing the SIP. If new transportation control 

strategies or TCMs are considered necessary to achieve and/or maintain federal air 

quality standards, the interagency consultation group will discuss possible TCMs for 

inclusion in the SIP. Ohio EPA will provide and update schedules for SIP 

development that will be available to all agencies and the public. Public involvement 

will be in accordance with Ohio EPA's public involvement procedures. Key 

documents will be posted on Ohio EPA's Web site. 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. Pursuant to 40 CFR 

93.105 (b)(2)(vi) the SIP will include a process to develop and evaluate 

transportation control measures as may be suggested by LACRPC, Ohio DOT and 

other agencies and the public. 

LACRPC and Ohio DOT develop the travel activity and emissions data that are used 

by Ohio EPA in establishing the on-road motor vehicle emission inventories for the 

SIP with consultation from Ohio EPA on the inputs for Mobile modeling. 

If new transportation control strategies are considered that may aid the region to 

achieve and/or maintain federal air quality standards, Ohio EPA will provide 

LACRPC and Ohio DOT with guidance for estimating their impacts on regional 

emissions. Ohio EPA will utilize the results of these analyses to evaluate the 

measures and receive public comment on potential new measures through the SIP 

consultation process. This SIP process will define the motor vehicle emissions 

budget (MVEB), and its various components, that will be used for future conformity 

determinations of the RTP and TIP. Prior to publishing the draft SIP, LACRPC and 

Ohio DOT will have an opportunity to review and comment on the proposed MVEB. 

Page 7 of 17 
In accordance with 40 CFR 93.105 (b}(2)(iii) and 40 CFR 93.105 (c}(7) Ohio EPA will 

circulate the draft SIP for public review. and all comments will be responded to in 

writing prior to adoption of the SIP. The draft will be amended as needed in 

response to comments received. Ohio EPA will then transmit the final document with 

amendments, along with the public notice, public hearing transcript and a summary 

of comments and responses, to U.S. EPA. 

b) Agency Roles and Responsibilities [40 CFR 93.105(b)(2)(i)] 

The following provides a summary on the roles and responsibilities of the different 

agencies with involvement in development and review of SIP submittals dealing with 

TCMs or emissions budgets. 

Ohio EPA 

• Responsible for air quality monitoring, preparation and maintenance of detailed 

and comprehensive emissions inventories, air quality modeling, and other air 

quality planning and control responsibilities. 

• Responsible for preparing drafts of SIP submittals, revising those drafts, 

incorporating other agencies' comments, attending and scheduling public 

hearings, preparing public hearing transcripts and responding to public 

comments. 

• Responsible for timely SIP submittal to U.S. EPA 

Ohio DOT 

• Assists in developing regional travel demand forecasts used in the SIP mobile 

emissions inventories and analyses of new TCMs. 

• Assists in developing mobile source inventories and analyses as needed. 

• Participates in reviewing and commenting on draft SIP documents. 

LACRPC 

• Responsible for developing regional !navel demand forecasts used in the SIP 

emissions inventories and analyses of new TCMs. 

• Monitor and report on implementation of federal TCMs. 

• Responsible for providing review and comments on draft SIP documents. 

U.S. EPA 

• Receives the Ohio EPA SIP submittals and has the responsibility to act on them 

in a timely manner. 

• Directly influences the content of the submittals through regulations implementing 

the federal Clean Air Act and has the opportunity to influence the submittals 

through various meetings, workshops and hearing that are conducted. 

• Provides guidance on the Clean Air Act 

• Determines adequacy of motor vehicle emissions budget used for making 

conformity determinations. 

• Provides concurrence with TCM substitution in the SIP. 

FHWAIFTA 

• Provides guidance on transportation planning regulation. 

• Participates in the SIP review and comment process. 

Page 8 of 17 
Please note: while these are key areas and agencies involved in the development of the 

SIP, participation in the SIP process by other agencies may occur. 

V. Project Level Conformity Determinations for Carbon Monoxide (CO) and/or 

Fine Particulate Matter (PM2.5) [40 CFR 93.105 (c)(1 )(i)] 

Project sponsors are required to conduct project level conformity analyses by the FHW A/FTA 

NEPA process. FHWA/FTA are responsible for making all project-level conformity 

determinations. FHWA/FTA, with the participation of U.S. EPA, identifies the applicable 

procedures for CO and/or PM25 analyses. Project sponsors should use the most recently 

identified procedures. In accordance with 40 CFR 93.105 (c}(1)(i) and other applicable 

regulations, Ohio DOT will determine the following: 

1. That FHWA/FTA, with U.S. EPA review participation, has approved the projectlevel CO and/or PM2_5 conformity analyses which are included in the project's 

environmental document prior to initiating federal authorizations. 

2. That the design concept and scope of the project has not changed significantly 

from that used by LACRPC and Ohio DOT in the most recent regional 

transportation conformity analyses of the RTPITIP. 

The LACRPC governing board or policy committee may periodically review and participate with 

Ohio DOT and other agencies as appropriate in the update of the CO and/or PM2.

5 analyses. 

Through the NEPA process, Ohio DOT may provide technical guidance to project sponsors who 

use these procedures. 

VI. Monitoring of Transportation Control Measures (TCMs) 

[40 CFR 93.105 ( c)(iv)] 

As part of the conformity documentation for an RTP and/or TIP, LACRPC will identify the status 

of SIP TCMs. If TCM emissions reductions are included as part of the motor vehicle emissions 

budget, LACRPC will estimate the portion of emission reductions that have been achieved. If 

there are funding or scheduling Issues for a SIP transportation control measure, LACRPC will 

describe the steps being undertaken to overcome these obstacles, including means to ensure 

that funding agencies are giving these TCMs maximum priority. LACRPC may propose 

substitution of a new TCM for all or a portion of an existing TCM that is experiencing 

implementation difficulties (see Section VII below). 

VII. Substitution of TCMs in the SIP [40 CFR 93.105 (c)(iv)] 

LACRPC shall prepare information on and documentation of the substitute TCM(s) and submit it 

to Ohio EPA and U.S. EPA for review and comment. Ohio EPA will work with LACRPC and 

U.S. EPA in order to ensure that the requested revision provides an emission reduction 

equivalent to the original SIP TCM{s) and will officially submit the document to U.S. EPA for 

approval. Following US EPA's approval of the substitute TCM(s), LACRPC will amend the TCM 

into its RTP and TIP and work with the affected project sponsor to implement the TCM. 

Page 9 of 17 
VIII. Conflict Resolution [40 CFR 93.105 (d)] 

Conflicts between any parties of this MOU that arise during consultation will be resolved as 

follows: 

1. A statement of the nature of the conflict will be prepared and agreed to by the 

conflicting parties and shared with the remaining signatories. 

2. Disagreeing parties will consult in a good faith effort to resolve the conflict in a 

manner acceptable to all parties. 

3. If they are unsuccessful, the directors of the signatory agencies or their 

designees shall meet to resolve differences in a manner acceptable to all parties. 

4. If none of the above steps produces a satisfactory resolution, any participant to 

this agreement has 14 days to appeal to the Governor. If a party other than Ohio 

EPA appeals to the Governor, that participant must inform the Ohio EPA of the 

Governor's response to the appeal. Ohio EPA has 14 calendar days from that 

notification to appeal to the Governor if it disagrees with the response. The 

implementation plan revision required by 40 CFR 51.390 shall define the 

procedures for starting the 14-day clock. If Ohio EPA appeals to the Governor, 

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

Ohio EPA does not appeal to the Governor within 14 days, LACRPC and Ohio 

DOT may proceed with the final conformity determinations. The Governor may 

delegate his or her role in the process, but the head or staff of Ohio EPA, Ohio 

DOT, and LACRPC may not delegate their respective roles. 

IX. Public Consultation Procedures [40 CFR 93.105 (e)] 

LACRPC will follow its adopted public participation procedures when making conformity 

determinations on transportation plans and programs. These procedures establish a proactive 

public participation process which provides opportunity for public review and comment by, at a 

minimum, providing reasonable public access to technical and policy information considered by 

LACRPC at the beginning of the public comment period and prior to taking formal action on a 

conformity determination for the RTP and TIP, consistent with these requirements and those of 

23 CFR 450.316(a). Meetings of LACRPC are open to the public. Any charges imposed for 

public inspection and copying should be consistent with the fee schedule contained in 49 CFR 

7 .43. LACRPC also shall provide opportunity for public participation in conformity 

determinat'lons for projects where otherwise required by law. 

Page 10 of 17 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: LACRPC, Ohio EPA, Ohio DOT, FHWA, FT A and U.S.EPA 

LIST of SIGNATORIES 

Note: Signatures appear on separate, multiple pages. 

Thomas M. Mazur 

Executive Director 

Lima-Allen County Regional Planning Commission 

Scott J. Nally 

Director 

Ohio Environmental Protection Agency 

Jerry Wray 

Director 

Ohio Department of Transportation 

Susan Hedman 

Regional Administrator 

Region 5 

U.S. Environmental Protection Agency 

Laura S. Leffler 

Division Administrator 

Ohio Division 

Federal Highway Administration 

FHWA-OH is lead for U.S. DOT 

Marisol Simon 

Regional Administrator 

Region 5 

Federal Transit Authority 

Page 11 of 17 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: LACRPC, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

?~};~AI(~·· ~_;;::::~w~:_ Date: _J..L.~Lf1!A!~·Jo_0 '-.LL""'"as M. Mazur, Exe utiv irector 

Lima-Allen County Region Planning Commission 

Page 12 of 17 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: LACRPC, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

~~~~--Date: _s-/.4-41/t'--'--Ltt/_ ~~ . utler, Director 

Ohio Environmental Protection Agency 

Page 13 of 17 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: LACRPC, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

Page 14 of 17 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: LACRPC, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

-:----:::-----cc----:-c:-:-:--:--,--- Date: ---.'--.....:.---"'--

Susan Hedman, Regional Administrator 

U.S. Environmental Protection Agency-Region 5 

Page 15 of17 
MEMORANDUM OF UNO ERST ANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: LACRPC, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

~fJ tin~ Date: ~ · J_ J- ·:?LV(}? 

Marisol Simon, Regional Administrator 

Federal Transit Administration-Region 5 

Page 17 of17 
Attachment G 

Memorandum of Understanding with 

The Stark County Area Transportation Study (SCATS) 
MEMORANDUM OF UNDERSTANDING 

AMONG 

THE STARK COUNTY AREA TRANSPORTATION STUDY, 

THE OHIO ENVIRONMENTAL PROTECTION AGENCY, 

THE OHIO DEPARTMENT OF TRANSPORTATION, 

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY·REGION 5, 

THE FEDERAL HIGHWAY ADMINISTRATION-OHIO DIVISION, AND 

THE FEDERAL TRANSIT ADMINISTRATION-REGION 5 

The purpose of this Memorandum of Understanding (MOU) is to implement Section 176 of the 

Clean Air Act (CAA), as amended (42 U.S.C. 7401 et seq.), the related requirements of 23 U,S. 

C. 1090), and regulations under the Code of Federal Regulations (CFR) Section 40, Part 93, 

Subpart A with respect to the conformity of transportation plans, programs, and projects that are 

developed, funded or approved by the United States Department of Transportation (U.S. DOT) 

and by Metropolitan Planning Organizations (MPOs), and the Ohio Department of 

Transportation (Ohio DOT), or other recipients of funds under title 23 U.S.C. or the Federal 

Transit Laws ( 49 U.S.C. Chapter 53). This MOU sets forth policy, criteria, and procedures for 

demonstrating and assuring conformity of such activities to applicable implementation plans 

developed according to Part A, Section 110 and Part D of the CAA. 

This is a MOU concerning the criteria and procedures for the conformity determination of 

transportation plans, programs and projects in the Canton-Massillon, Ohio Metropolitan 

Statistical area for National Ambient Air Quality Standards (NAAQS), pursuant to the CAA 

Amendments of 1990. 

The six parties to this MOU are as follows, hereafter referred to as "all parties": 

Stark County Area Transportation Study (SCATS) 

Federal Highway Administration-Ohio Division (FHWA-OH) 

Federal Transit Administration-Region 5 (FTA-R5) 

Ohio Department of Transportation (Ohio DOT) 

Ohio Environmental Protection Agency (Ohio EPA) 

United States Environmental Protection Agency-Region 5 (U.S. EPA-R5) 

This MOU will be submitted as a revision to the Ohio State Implementation Plan (SIP) required 

by Section 176 of the CAA Amendments of 1990 and will govern conformity determinations in 

the SCATS area which includes all of Stark County. 

This MOU will continue to apply to any revised nonattainment area geographies resulting from 

future designations, or designation revisions for the criteria pollutants within the Stark County 

area. 

Execution of this MOU by each party shall be by signature of each party's representative. 

The provisions of this MOU shall be implemented through appropriate procedures, resolutions, 

or other means, in order to comply with the requirements of all federal and state laws and 

regulations relating to the conformity determination and development of applicable 

implementation plan revisions. The roles, processes and responsibilrties of each signatory to 

this MOU are defined and delineated in the MOU and Attachments A and B. 

Page 1 of 17 
Attachment A 

Transportation Air Quality Conformity Protocol 

Conformity Procedures 

In accordance with the requirements under Section 176 (c)(4)(C) of the CAA, Ohio EPA 

submitted a state implementation plan (SIP) revision to U.S. EPA on August 17, 1995. This 

submittal was found to be complete on October 5, 1995. In this submittal, Ohio EPA adopted 

State rules to meet the requirements of 40 CFR Part 51, Subpart T, as published on November 

24, 1993. Transportation conformity is required for all nonattainment or maintenance areas for 

any transportation related criteria pollutants [40 CFR 51.394 (b)]. 

On August 10, 2005, the President signed into law the Safe, Accountable, Flexible, Efficient 

Transportation Equity Act A Legacy for Users (SAFETEA-LU). SAFETEA-LU promotes more 

efficient and effective Federal surface transportation programs by focusing on transportation 

issues of national significance, while giving State and local transportation decision makers more 

flexibility for solving transportation problems in their communities. Section 6011 of SAFETEALU specifically addresses transportation conformity. One of the requirements, (f)(4)(E) states, 

"Not later than 2 years after the date of enactment of the SAFETEA-LU the 

procedures under subparagraph (A) shall include a requirement that each state 

include in the state implementation plan criteria and procedures for consultation 

required by subparagraph (D) (i), and enforcement and enforceability (pursuant 

to sections 93.125 (c) and g3.122 (a) (4) (ii) of Title 40, Code of Federal 

Regulations (CFR) in accordance with the Administrator's criteria and procedures 

for consultation, enforcement and enforceabiltty." 

States are no longer required to adopt all of the provisions of the federal conformity rule. The 

three required SIP elements are: 

1) consultation procedures [40 CFR 93.1 05]; 

2) procedures for detemnining regional transportation-related 

emissions [40 CFR 93.122(a)(4)(ii)]; and 

3) enforceability of design concept and scope and project-level 

mitigation and control measures [40 CFR 93.125 (c)]. 

In accordance with 40 CFR Section 93.105, the SIP or SIP revision shall include procedures for 

interagency consultation (federal, state and local), resolution of conflicts, and public consultation 

as described in Attachment B. Public consultation shall be developed in accordance with the 

requirements for public participation in 23 CFR Part 450. The plan shall include procedures to 

be undertaken by SCATS, state and federal DOTs, local air quality agencies and U.S. EPA, 

prior to making conformity determinations, and by state and local air agencies and U.S. EPA 

with SCATS, state and federal DOTs, in developing applicable implementation plans. SCATS 

and Ohio DOT must provide reasonable opportunity for consultation with Ohio EPA, U.S. EPA 

and local air quality and transportation agencies as described in Attachment B. 

In accordance with 40 CFR section 93.122 (a)(4)(ii), prior to making a conformity determination 

on the regional transportation plans (RTPs) or transportation improvement programs (TIPs), 

SCATS will not include emissions reduction credits from any control measures that are not 

included in their RTPs or TIPs and that do not require a regulatory action in the regional 

Page 2 of 17 
emissions analyses used in the conformity analyses unless SCATS or FHWA/FTA obtains 

written commitments, as defined in 40 CFR section 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. Prior to making a conformity 

determination on a RTP or TIP, SCATS will ensure the project design concept and scope are 

appropriately identified in the emissions analyses used in the regional confonmity analyses. 

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

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

and/or operator written commitments, as defined in 40 CFR section 93.101, to implement any 

project-level mitigation or control measures in the construction or operation of the project 

identified as conditions for National Environmental Policy Act (NEPA) approval. The written 

commitments to implement those project-level mitigation or control measures must be fulfilled 

by the appropriate entities. 

Page 3 of 17 
Attachment B 

Interagency Consultation Procedures 

I. General 

Ohio EPA shall provide well-defined consultation procedures in the SIP whereby all parties to 

this MOU and other organizations with responsibilities for developing, submitting, or 

implementing provisions of a SIP must consult with each other on the development of the SIP, 

the RTPs, the TIPs, and associated conformity determinations in accordance with 40 CFR 

93.105(b)(1). 

These procedures implement the interagency consultation process for SCATS and include 

procedures to be undertaken by all parties to this MOU before making transportation conformity 

determinations on the RTPs and TIPs in accordance with 40 CFR 93.105(a)(1) and 40 CFR 

93.105(c)(3). This area's geographic coverage includes one MPO, SCATS. SCATS and Ohio 

DOT perform the conformity analyses for this area. The analyses are used to make a 

conformity determination for the area. 

II. Consultation on Transportation Plans, Transportation Plan Amendments, 

Transportation Improvement Programs, and Transportation Improvement 

Program Amendments [40 CFR 93.105] 

Consultation on all non-conformity related aspects of transportation plans, transportation 

improvement programs, and amendments thereto shall be governed by the applicable 

participation plans developed pursuant to 23 USC 134/49 USC 5303(i)(5), (i)(6), and 0)( 4) and 

23 USC 135/49 USC 5304 (f)(3) and (g)(3). Consultation on conformity related aspects of these 

activities are delineated below. 

a) Consultation on Transportation Plan and Transportation Plan Amendment 

Conformitv Process 

Following SCATS notice that the transportation plan's air quality conformity process 

has been initiated, interagency consultation will define the procedures and 

parameters by which conformity wilt be established. SCATS and Ohio DOT will 

coordinate the interagency consultation process. In accordance with 40 CFR 93.105 

(c), interagency consultation will include the following topics, as appropriate: 

• travel forecasting and modeling assumptions; 

• latest planning assumptions; 

• motor vehicle emission factors to be used in conformity analysis; 

• appropriate analysis years; 

• treatment of regionally significant projects (federal and non-federal funded) 

assumed in the transportation network and the year of operation; 

• treatment of regionally significant projects that span MPO boundaries; 

• status of TCM implementation; 

• financial constraints and other requirements' that affect conformity pursuant to 

Federal Statewide and Metropolitan Planning regulations; 

• reliance on a previous regional emissions analysis; 

• conformity process public participation procedures; and 

• the need for interim RTPs (in the event of a conformity lapse). 

Page 4 of 17 
SCATS is the lead agency for development of its transportation plans and 

amendments thereto. The interagency consultation parties will participate in the plan 

development process, review associated documentation, and collaboratively 

establish the procedures and parameters for determining transportation plan 

conformity. 

If new designations for criteria pollutants occur that expand analyses areas beyond 

those defined above, interagency consultation will determine the parties responsible 

for conducting those analyses in accordance with 40 CFR 93.105(c)(2)(ii). 

Following SCATS' approval of its final transportation plan and conformity finding, 

Ohio DOT will provide the final transportation plan and conformity documentation to 

FHWAIFTA for joint review as required by 40 CFR 93.105 (c)(?) and 23 CFR 

450.322 of the FHWAIFTA Statewide and Metropolitan Planning rule. Copies of the 

final transportation plan and conformity documentation also will be made available on 

the SCATS Web site. 

b) Consultation and Notification Procedures for Conformity Analysis of TIP and 

TIP Amendments 

Following SCATS' notice that the TIP air quality conformity process has been 

initiated, interagency consultation will define the procedures and parameters by 

which conformity will be established. SCATS and Ohio DOT will coordinate the TIP 

transportation conformity interagency consultation process. Interagency consultation 

will include the same topics listed for the transportation plan (see Section II. a) as 

well as the additional topics listed below in accordance with 40 CFR 93.105 (c). 

• identification of exempt TIP projects; 

• identification of exempt projects which should be treated as nonexempt; and 

• determination of an interim TIP (in the event of a conformity lapse) inclusive of 

projects that can advance during a conformity lapse. 

For TIP amendments, SCATS and Ohio DOT will consult as identified below: 

Consultation required in situations requiring a conformity determination, including but 

not limited to: 

• add a regionally significant project to the TIP when it has already been 

appropriately accounted for in the regional emissions analysis for the 

transportation plan; 

• add a non-regionally significant project to the TIP; 

• add non-exempt, regionally significant project that has not been accounted for in 

the regional emissions analysis; and 

• change in non-exempt, regionally significant project that is not consistent with the 

design concept and scope or the conformity analyses years. 

After SCATS approves its final TIP and conformity finding, SCATS will provide the 

final TIP and conformity documentation to Ohio DOT. Ohio DOT will forward the 

documents to FHWAIFTA for joint review as required by 40 CFR 93.105 (c)(?) and 

23 CFR 450.322 of the FHWAIFTA Statewide and Metropolitan Planning rule. 

Page 5 of 17 
Copies of the final TIPs and conformity documentation will be made available on 

SCATS' Web site. 

Ill. Transportation Plan and Transportation Improvement Program Interagency 

Consultation Agency Roles and Responsibilities [40 CFR 93.105(b)(2)J 

Ohio EPA 

• Reviews and comments on all aspects of the conformity determinations for the 

RTP and TIP in a timely manner. 

• Develops, solicits input on and adopts motor vehicle emission budgets. 

• Seeks U.S. EPA approval for the use of motor vehicle emissions factors and 

mobile source budgets in conformity analyses. 

• Reviews and comments on the transportation plan and TIP development 

documentation and associated air qualiiy analyses in a timely manner. 

Ohio DOT 

• Participates as a voting member of the SCATS MPO governing body and 

associated committees as defined by their respective codes of regulations andlor 

agency bylaws. 

• Project initiator for state sponsored transportation improvement projects in the 

SCATS region. 

• Works directly with SCATS in providing and reviewing detailed project 

programming information. 

• Defines the design concept and scope of state sponsored transportation 

improvement projects to conduct regional emissions analysis. 

• Promptly notifies SCATS of changes in design concept and scope, cost, and 

implementation year of regionally significant state sponsored projects. 

• Assures project level CO and PM hotspot analyses are included in SCATS region 

transportation project NEPA documentation. 

• Identifies and commits to project level CO and PM mitigation measures for state 

sponsored transportation projects, as requked;. 

• Implements TCMs for which Ohio DOT is responsible in a timely fashion. 

• Works with local municipalities and other project sponsors to ensure that the 

above procedures are also implemented on locally sponsored highway projects. 

• Assists SCATS with travel demand modeling and mobile source emissions 

estimating processes. 

SCATS 

• Develop, coordinate, and circulate transportation plan and TIP supporting and 

technical documentation for interagency consultation and public participation. 

• Conduct transportation plan/TIP and air quality conformity public participation 

processes. 

• Maintain demographic and land use data for travel demand forecasting and 

regional emissions analysis. 

• Work with Ohio DOT and local sponsors to define the design concept and scope 

of projects in the transportation plan and TIP to conduct regional emissions 

analyses. 

• Prepare transportation plan!TIP conformity documentation. 

• Include funding for SIP mandated TCMs in the transportation plan and TIP. 

• Adopt transportation plan!T!P and make conformity determinations. 

Page 6 of 17 
U.S. EPA 

• Administers and provides guidance on the Clean Air Act and Transportation 

Conformity regulations. 

• Determines adequacy of motor vehicle emissions budgets used for making 

conformity determinations. 

• Reviews and comments on transportation plan and transportation improvement 

program documentation in keeping with participation plan requirements. 

• Reviews and comments on conformity determinations for the transportation plans 

and transportation improvement programs. 

FHWAIFTA 

• Consult with U.S. EPA on conformity determinations. 

• Provide guidance on transportation planning regulations. 

• Ensure that all transportation planning and transportation conformity 

requirements contained in 23 CFR Part 450 and 40 CFR Part 93, respectively, 

are met. 

• Work with transit agencies to ensure that conformity procedures are implemented 

in transit agency-sponsored projects. 

• Make transportation plan/TIP conformity determinations 

IV. State Implementation Plan (SIP) Consultation Process [40 CFR 93.105] 

a) SIP Consultation Structure and Process 

Ohio EPA is responsible for preparing the SIP. If new transportation control 

strategies or TCMs are considered necessary to achieve and/or maintain federal air 

quality standards, the interagency consultation group will discuss possible TCMs for 

inclusion in the SIP. Ohio EPA will provide and update schedules for SIP 

development that will be available to all agencies and the public. Public involvement 

will be in accordance with Ohio EPA's public involvement procedures. Key 

documents will be posted on Ohio EPA's Web site. 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. Pursuant to 40 CFR 

93.105 (b}(2)(vi) the SIP will include a process to develop and evaluate 

transportation control measures as may be suggested by SCATS, Ohio DOT and 

other agencies and the public. 

SCATS and Ohio DOT develop the travel activity and emissions data that are used 

by Ohio EPA in establishing the on-road motor vehicle emission inventories for the 

SIP with consultation from Ohio EPA on the inputs for Mobile modeling. 

If new transportation control strategies are considered that may aid the region to 

achieve and/or maintain federal air quality standards, Ohio EPA will provide SCATS 

and Ohio DOT with guidance for estimating their impacts on regional emissions. 

Ohio EPA will utilize the results of these analyses to evaluate the measures and 

receive public comment on potential new measures through the SIP consultation 

process. This SIP process will define the motor vehicle emissions budget (MVEB), 

and its various components, that will be used for future conformity determinations of 

Page7of17 
the RTP and TIP. Prior to publishing the draft SIP, SCATS and Ohio DOT will have 

an opportunity to review and comment on the proposed MVEB. 

In accordance with 40 CFR 93.105 (b )(2)(iii) and 40 CFR 93.105 ( c)(7) Ohio EPA will 

circulate the draft SIP for public review, and all comments will be responded to in 

writing prior to adoption of the SIP. The draft will be amended as needed in 

response to comments received. Ohio EPA will then transmit the final document with 

amendments, along with the public notice, public hearing transcript and a summary 

of comments and responses, to U.S. EPA. 

b) Agency Roles and Responsibilities [40 CFR 93.1 05(b)(2).(i)] 

The following provides a summary on the roles and responsibilities of the different 

agencies with involvement in development and review of SIP submittals dealing with 

TCMs or emissions budgets. 

Ohio EPA 

• Responsible for air quality monitoring, preparation and maintenance of detailed 

and comprehensive emissions inventories, air quality modeling, and other air 

quality planning and control responsibilities. 

• Responsible for preparing drafts of SIP submittals, revising those drafts, 

incorporating other agencies' comments, attending and scheduling public 

hearings, preparing public hearing transcripts and responding to public 

comments. 

• Responsible for timely SIP submittal to U.S. EPA. 

Ohio DOT 

• Assists in developing regional travel demand forecasts used in the SIP mobile 

emissions inventories and analyses of new TCMs. 

• Assists in developing mobile source inventories and analyses as needed. 

• Participates in reviewing and commenting on draft SIP documents. 

SCATS 

• Responsible for developing regional travel demand forecasts used in the SIP 

emissions inventories and analyses of new TCMs. 

• Monitor and report on implementation of federal TCMs. 

• Responsible for providing review and comments on draft SIP documents. 

U.S. EPA 

• Receives the Ohio EPA SIP submittals and has the responsibility to act on them 

in a timely manner. 

• Directly influences the content of the submittals through regulations implementing 

the federal Clean Air Act and has the opportunity to influence the submittals 

through various meetings, workshops and hearing that are conducted. 

• Provides guidance on the Clean Air Act. 

• Determines adequacy of motor vehicle emissions budget used for making 

conformity determinations. 

• Provides concurrence with TCM substitution in the SIP. 

Page 8 of 17 
FHWAIFTA 

• Provides guidance on transportation planning regulation. 

• Participates in the SIP review and comment process. 

Please note: while these are key areas and agencies involved in the development of the 

SIP, participation in the SIP process by other agencies may occur. 

V. Project Level Conformity Determinations for Carbon Monoxide (CO) and/or 

Fine Particulate Matter (PM2.5) [40 CFR 93.105 (c)(1)(i)J 

Project sponsors are required to conduct project level conformity analyses by the FHW AIFTA 

NEPA process. FHWAIFTA are responsible for making all project-level conformity 

determinations. FHWAIFTA, with the participation of U.S. EPA, identifies the applicable 

procedures for CO and/or PM2.5 analyses. Project sponsors should use the most recently 

identified procedures. In accordance with 40 CFR 93.105 (c)(1)(i) and other applicable 

regulations, Ohio DOT will determine the following: 

1. That FHWAIFTA, with U.S. EPA review participation, has approved the projectlevel CO and/or PM2.5 conformity analyses which are included in the project's 

environmental document prior to initiating federal authorizations. 

2. That the design concept and scope of the project has not changed significantly 

from that used by SCATS and Ohio DOT in the most recent regional 

transportation conformity analyses of the RTP and TIP. 

The SCATS' governing board or policy committee may periodically review and participate with 

Ohio DOT and other agencies as appropriate in the update of the CO and/or PM2.5 analyses. 

Through the NEPA process, Ohio DOT may provide technical guidance to project sponsors who 

use these procedures. 

VI. Monitoring of Transportation Control Measures (TCMs) 

[40 CFR 93.105 (c){iv)j 

As part of the conformity documentation for an RTP and/or TIP, SCATS will identify the status of 

SJP TCMs. If TCM emissions reductions are included as part of the motor vehicle emissions 

budget, SCATS will estimate the portion of emission reductions that have been achieved. If 

there are funding or scheduling issues for a SIP transportation control measure, SCATS will 

describe the steps being undertaken to overcome these obstacles, including means to ensure 

that funding agencies are giving these TCMs maximum priority. SCATS may propose 

substitution of a new TCM for all or a portion of an existing TCM that is experiencing 

implementation difficulties (see Section VII below). 

VlL Substitution of TCMs in the SIP [40 CFR 93.105 (c)(iv)] 

SCATS shall prepare information on and documentation of the substitute TCM(s) and submit it 

to Ohio EPA and U.S. EPA for review and comment. Ohio EPA will work with SCATS and U.S. 

EPA in order to ensure that the requested revision provides an emission reduction equivalent to 

the original SIP TCM(s) and will officially submit the document to U.S. EPA for approval. 

Following US EPA approval of the substitute TCM(s), SCATS will amend the TCM in to its RTP 

and TIP and work with the affected project sponsor to implement the TCM. 

Page 9 of 17 
VIII. Conflict Resolution [40 CFR 93.105 (d)] 

Conflicts between any parties of !his MOU !hat arise during consultation will be resolved as 

follows: 

1. A statement of the nature of the conflict will be prepared and agreed to by the 

conflicting parties and shared with the remaining signatories. 

2. Disagreeing parties will consult in a good faith effort to resolve the conflict in a 

manner acceptable to all parties. 

3. If they are unsuccessful, the directors of the signatory agencies or their 

designees shall meet to resolve differences in a manner acceptable to all parties. 

4. If none of the above steps produces a satisfactory resolution, any participant to 

this agreement has 14 days to appeal to the Governor. If a party other than Ohio 

EPA appeals to the Governor, that participant must inform the Ohio EPA of the 

Governor's response to the appeal. Ohio EPA has 14 calendar days from that 

notification to appeal to the Governor if it disagrees with the response. The 

implementation plan revision required by 40 CFR 51.390 shall define the 

procedures for starting the 14-day clock. If Ohio EPA appeals to the Governor, 

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

Ohio EPA does not appeal to the Governor within 14 days, SCATS and Ohio 

DOT may proceed with the final conformity determinations. The Governor may 

delegate his or her role in the process, but the head or staff of Ohio EPA, Ohio 

DOT, and SCATS may not delegate their respective roles. 

IX. Public Consultation Procedures [40 CFR 93.105 (e)] 

SCATS will follow its adopted public participation procedures when making conformity 

determinations on transportation plans and programs. These procedures establish a proactive 

public participation process which provides opportunity for public review and comment by, at a 

minimum, providing reasonable public access to technical and policy information considered by 

SCATS at the beginning of the public comment period and prior to taking formal action on a 

conformity determination for the RTP and TIP, consistent with these requirements and those of 

23 CFR 450.316(a). Meetings of SCATS are open to the public. Any charges imposed for 

public inspection and copying should be consistent with the fee schedule contained in 49 CFR 

7.43. SCATS also shall provide opportunity for public participation in conformity determinations 

for projects where otherwise required by law. 

Page 10 of 17 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: SCATS, Ohio EPA, Ohio DOT, FHWA, FTA and U.S.EPA 

LIST of SIGNATORIES 

Note: Signatures appear on separate, multiple pages. 

Robert Nau 

Executive Director 

Stark County Area Transportation Study 

Scott J. Nally 

Director 

Ohio Environmental Protection Agency 

Jerry Wray 

Director 

Ohio Department of Transportation 

Susan Hedman 

Regional Administrator 

Region 5 

U.S. Environmental Protection Agency 

Laura S. Leffler 

Division Administrator 

Ohio Division 

Federal Highway Administration 

FHWA-OH is lead for U.S. DOT 

Marisol Simon 

Regional Administrator 

Region 5 

Federal Transit Authority 

Page 11 of 17 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: SCATS, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

----?I ~ 

_'··_·_,4_· =6-1G-u_· -=-J!2'-'· ~/-'--/-'~'-"e..--"'---- Date: s/ '0 /;,;3 

Robert Nau, Executive Director 

Stark County Area Transportation Study 

Page 12 of 17 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: SCATS, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

J::A~f1:~~~-- Date: _s-;+,/...:...?+-/---=1-'.l-(- . Butler, Director 

vironmental Protection Agency 

Page 13 of 17 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: SCATS, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear an separate, multiple pages. 

Page 14 of 17 
MEMORANDUM OF UNDERSTANO!NG 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: SCATS, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

----------~~~~~----Oate:~--~~~~i­ Susan Hedman, Regional Administrator 

U.S. Environmental Protection Agency·Reglon 5 

Page 15 of 17 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: SCATS, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

Page 16 of 17 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY · 

CONSULTATION PROCEDURES 

Parties: SCATS, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

::-::~-·· -:--:-::-:--·--=~~----;-::-.,-~--;-:-:--:-Date: Marisol Simon, Regional Administrator 

Federal Transit Administration-Region 5 

Page 17 of 17 
Attachment H 

Memorandum of Understanding with 

The Mid-Ohio Regional Planning Commission (MORPC) and the 

Licking County Area Transportation Study 
MEMORANDUM OF UNDERSTANDING 

AMONG 

THE MID-OHIO REGIONAL PLANNING COMMISSION, 

THE LICKING COUNTY AREA TRANSPORTATION STUDY, 

THE OHIO ENVIRONMENTAL PROTECTION AGENCY, 

THE OHIO DEPARTMENT OF TRANSPORTATION, 

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY-REGION 5, 

THE FEDERAL HIGHWAY ADMINISTRATION-OHIO DIVISION, AND 

THE FEDERAL TRANSIT ADMINISTRATION-REGION 5 

The purpose of this Memorandum of Understanding (MOU) is to implement Section 176 of the 

Clean Air Act (CAA), as amended (42 U.S. C. 7401 et seq.), the related requirements of 23 U.S. 

C. 1090), and regulations under the Code of Federal Regulations (CFR) Section 40, Part 93, 

Subpart A with respect to the conformity of transportation plans, programs, and projects that are 

developed, funded or approved by the United States Department of Transportation (U.S. DOT) 

and by Metropolitan Planning Organizations (MPOs), and the Ohio Department of 

Transportation (Ohio DOT), or other recipients of funds under title 23 U.S.C. or the Federal 

Transit Laws (49 U.S.C. Chapter 53). This MOU sets forth policy, criteria, and procedures for 

demonstrating and assuring conformity of such activities to applicable implementation plans 

developed according to Part A, Section 110 and Part D of the CAA. 

This is a MOU concerning the criteria and procedures for the conformity determination of 

transportation plans, programs and projects in the Columbus, Ohio Metropolitan Statistical 

areas for National Ambient Air Quality Standards (NAAQS), pursuant to the CAA Amendments 

of 1990. 

The seven parties to this MOU are as follows, hereafter referred to as "all parties": 

Federal Highway Administration-Ohio Division (FHWA-OH) 

Federal Transit Administration-Region 5 (FTA-R5) 

Licking County Area Transportation Study (LCATS) 

Mid-Ohio Regional Planning Commission (MORPC) 

Ohio Department of Transportation (Ohio DOT) 

Ohio Environmental Protection Agency (Ohio EPA) 

United States Environmental Protection Agency-Region 5 (U:S. EPA-R5) 

This MOU will be submitted as a revision to the Ohio State Implementation Plan (SIP) required 

by Section 176 of the CAA Amendments of 1990 and will govern conformity determinations in 

the Columbus Ohio area. The MORPC MPO area includes Delaware and Franklin counties, 

Bloom and Violet townships in Fairfield County, the city of Pataskala and Etna Township in 

Licking County. LCATS is the MPO for Licking County (less the city of Pataskala and Etna 

Township). There are currently portions of the Columbus nonattainment areas outside of the 

MORPC and LCATS areas. Ohio DOT is lead agency for transportation planning and 

transportation air quality planning in these non-MPO areas. 

This MOU will continue to apply to any revised nonattainment area geographies resulting from 

future designations, or designation revisions for the criteria pollutants within the Columbus Ohio 

area. 

Page 1 of 19 
Execution of this MOU by each party shall be by signature of each party's representative. 

The provisions of this MOU shall be implemented through appropriate procedures, resolutions, 

or other means, in order to comply with the requirements of all federal and state laws and 

regulations relating to the conformity determination and development of applicable 

implementation plan revisions. The roles, processes and responsibilities of each signatory to 

this MOU are defined and delineated in the MOU and Attachments A and B. 

Page 2 of 19 
Attachment A 

Transportation Air Quality Conformity Protocol 

Conformity Procedures 

In accordance with the requirements under Section 176 (c)(4)(C) of the CAA, Ohio EPA 

submitted a state implementation plan (SIP) revision to U.S. EPA on August 17, 1995. This 

submittal was found to be complete on October 5, 1995. In this submittal, Ohio EPA adopted 

State rules to meet the requirements of 40 CFR Part 51, Subpart T, as published on November 

24, 1993. Transportation conformity is required for all nonattainment or maintenance areas for 

any transportation related criteria pollutants [40 CFR 51.394 (b)]. 

On August 10, 2005, the President signed into law the Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for Users (SAFETEA-LU). SAFETEA-LU promotes more 

efficient and effective Federal surface transportation programs by focusing on transportation 

issues of national significance, while giving State and local transportation decision makers more 

flexibility for solving transportation problems in their communities. Section 6011 of SAFETEALU specifically addresses transportation conformity. One of the requirements, (f)( 4 )(E) states; 

"Not later than 2 years after the date of enactment of the SAFETEA-LU the 

procedures under subparagraph (A) shall include a requirement that each state 

include in the state implementation plan criteria and procedures for consultation 

required by subparagraph (D) (i), and enforcement and enforceability (pursuant 

to sections 93.125 (c) and 93.122 (a) (4) (ii) of Title 40, Code of Federal 

Regulations (CFR) in accordance with the Administrator's criteria and procedures 

for consultation, enforcement and enforceability." 

States are no longer required to adopt all of the provisions of the federal conformity rule. The 

three required SIP elements are: 

1) consultation procedures [40 CFR 93.1 05j; 

2) procedures for determining regional transportation-related 

emissions [40 CFR 93.122(a)(4)(ii)]; and 

3) enforceability of design concept and scope and project-level 

mitigation and control measures [40 CFR 93.125 (c)). 

In accordance with 40 CFR Section 93.105, the SIP or SIP revision shaH include procedures for 

interagency consultation (federal, state and local), resolution of conflicts, and public consultation 

as described in Attachment B. Public consultation shall be developed in accordance with the 

requirements for public participation in 23 CFR Part 450. The plan shall include procedures to 

be undertaken by MORPC, LCATS, state and federal DOTs, local air quality agencies and U.S. 

EPA, prior to making conformity determinations, and by state and local air agencies and U.S. 

EPA with MORPC, LCA TS, state and federal DOTs, in developing applicable implementation 

plans. MORPC, LCATS and Ohio DOT must provide reasonable opportunity for consultation 

with Ohio EPA, U.S. EPA and local air quality and transportation agencies as described in 

Attachment B. 

Page 3 of 19 
In accordance with 40 CFR section 93.122 (a)(4)(ii), prior to making a conformity determination 

on the regional transportation plans (RTPs) or transportation improvement programs (TIPs), 

MORPC and LCATS will not include emissions reduction credits from any control measures that 

are not included in their RTPs or TIPs and that do not requ'1re a regulatory action in the regional 

emissions analyses used in the conformity analyses unless MORPC and LCATS or FHWAIFTA 

obtains written commitments, as defined in 40 CFR section 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. Prior to making a conformity 

determination on a RTP or TIP, MORPC and LCATS will ensure the project design concept and 

scope are appropriately identified in the emissions analyses used in the regional conformity 

analyses. 

In accordance with 40 CFR section 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 written commitments, as defined in 40 CFR section 93.101, to implement any 

project-level mitigation or control measures in the construction or operation of the project 

identified as conditions for National Environmental Policy Act (NEPA) approval. The written 

commitments to implement those project-level mitigation or control measures must be fulfilled 

by the appropriate entities. 

Page 4 of 19 
Attachment B 

Interagency Consultation Procedures 

I. General 

Ohio EPA shall provide well-defined consultation procedures in the SIP whereby all parties to 

this MOU and other organizations with responsibilities for developing, submitting, or 

implementing provisions of a SIP must consult with each other on the development of the SIP, 

the RTPs, the TIPs, and associated conformity determinations in accordance with 40 CFR 

93.105(b)(1). 

These procedures implement the interagency consultation process for MORPC and LCATS, 

and include procedures to be undertaken by all parties to this MOU before making 

transportation conformity determinations on the RTPs and TIPs in accordance with 40 CFR 

93.105(a)(1) and 40 CFR 93.105(c)(3). This area's geographic coverage includes two MPOs: 

MORPC (Delaware and Franklin counties, Bloom and Violet townships in Fairfield County, the 

city of Pataskala and Etna Township in Licking County), and LCATS (Licking County less the 

city of Pataskala and Etna Township). MORPC performs conformity analyses for the Columbus 

nonattainment areas in consultation with LCATS and Ohio DOT. 

II. Consultation on Transportation Plans, Transportation Plan Amendments, 

Transportation Improvement Programs, and Transportation Improvement 

Program Amendments [40 CFR 93.105] 

Consultation on all non-conformity related aspects of transportation plans, transportation 

improvement programs, and amendments thereto shall be governed by the applicable 

participation plans developed pursuant to 23 USC 134/49 USC 5303(i)(5), (i)(6), and (j)(4) and 

23 USC 135/49 USC 5304 (f)(3) and (g)(3). Consultation on conformity related aspects of these 

activities are delineated below. 

a) Consultation on Transportation Plan and Transportation Plan Amendment 

Conformity Process 

Following MORPC and LCATS notices that the transportation plan's air quality 

conformity process has been initiated, interagency consultation will define the 

procedures and parameters by which conformity will be established. MORPC and 

Ohio DOT will coordinate the interagency consultation process. In accordance with 

40 CFR 93.105 (c), interagency consultation will include the following topics, as 

appropriate: 

• travel forecasting and modeling assumptions; 

• latest planning assumptions; 

• motor vehicle emission factors to be used in conformity analysis; 

• appropriate analysis years; 

• treatment of regionally significant projects (federal and non-federal funded) 

assumed in the transportation network and the year of operation; 

• treatment of regionally significant projects that span MPO boundaries; 

• status of TCM implementation; 

• financial constraints and other requirements that affect conformity pursuant to 

Federal Statewide and Metropolitan Planning regulations; 

Page 5 of 19 
• reliance on a previous regional emissions analysis; 

• conformity process public participation procedures; and 

• the need for interim RTPs (in the event of a conformity lapse). 

MORPC and LCATS are lead agencies for development of their respective 

transportation plans and amendments thereto. MORPC is the lead agency for the 

development of conformity analyses for the Columbus nonattainment areas LCATS 

and Ohio DOT will be provided the opportunity to review the analyses. The 

interagency consultation parties will participate in the plan development process, 

review associated documentation, and collaboratively establish the procedures and 

parameters for determining transportation plan conformity. 

If new designations for criteria pollutants occur that expand analyses areas beyond 

the existing areas, interagency consultation will determine the parties responsible for 

conducting those analyses in accordance w~h 40 CFR 93.1 05(c)(2)(ii). 

Following MORPC's and LCATS' approval of their final transportation plans and 

conformity findings, Ohio DOT will provide the f1nal transportation plans and 

conformity documentation to FHWA/FTA for joint review as required by 40 CFR 

93.105 (c)(7) and 23 CFR 450.322 of the FHWA/FTA Statewide and Metropolitan 

Planning rule. Copies of the final transportation plans and conformity documentation 

also will be made available on the MORPC and LCATS Web sites. 

b) Consultation and Notification Procedures for Conformity Analysis of TIP and 

TIP Amendments 

Following MORPC's and LCATS' notices that the TIP air quanty conformity process 

has been initiated, interagency consultation will define the procedures and 

parameters by which conformity will be established. MORPC, LCATS and Ohio DOT 

will coordinate the TIP transportation conformity interagency consultation process. 

Interagency consultation will include the same topics listed for the transportation plan 

(see Section II. a) as well as the additional topics listed below .in accordance with 40 

CFR 93.105 (c). 

• identification of exempt TIP projects; 

• identification of exempt projects which should be treated as nonexempt; and 

• determination of an interim TIP (in the event of a conformity lapse) inclusive of 

projects that can advance during a conformity lapse. 

For TIP amendments, MORPC, LCATS, and OHIO DOT will consult as identified 

below: 

Consultation required in situations requiring a conformity determination, including but 

not limited to: 

• add a regionally significant project to the TIP when it has already been 

appropriately accounted for in the regional emissions analysis for the 

transportation plan; 

• add a non-regionally significant project to the TIP; 

• add non-exempt, regionally significant project that has not been accounted for in 

the regional emissions analysis; and 

Page 6 of 19 
• change in non-exempt, regionally significant project that is not consistent with the 

design concept and scope or the conformity analyses years. 

After MORPC and LCATS approve their final TIPs and conformity findings, MORPC 

and LCATS will provide the final TIPs and conformity documentation to Ohio DOT. 

Ohio DOT will forward the documents to FHW A/FT A for joint review as required by 

40 CFR 93.105 (c)(7) and 23 CFR 450.322 of the FHWA/FTA Statewide and 

Metropolitan Planning rule. Copies of the final TIPs and conformity documentation 

will be made available on MORPC and LCATS Web sites. 

Ill. Transportation Plan and Transportation Improvement Program Interagency 

Consultation Agency Roles and Responsibilities [40 CFR 93.105(b)(2)] 

Ohio EPA 

• Reviews and comments on all aspects of the conformity determinations for the 

RTP and TIP in a timely manner. 

• Develops, solicits input on and adopts motor vehicle emission budgets. 

• Seeks U.S. EPA approval for the use of motor vehicle emissions factons and 

mobile source budgets in conformity analyses. 

• Reviews and comments on the transportation plan and TIP development 

documentation and associated air quality analyses in a timely manner. 

Ohio DOT 

• Participates as a voting member of the MORPC and LCATS MPOs governing 

bodies and/or associated committees as defined by their respective codes of 

regulations and/or agency bylaws. 

• Project initiator for state sponsored transportation improvement projects in the 

MORPC and LCATS region. 

• Works directly with MORPC and LCATS in providing and reviewing detailed 

project programming information. 

• Defines the design concept and scope of state sponsored transportation 

improvement projects to conduct regional emissions analysis. 

• Promptly notifies MORPC and LCATS of changes in design concept and scope, 

cost, and implementation year of regionally significant state sponsored projects. 

• Assures project level CO and PM hotspot analyses are included in MORPC and 

LCATS region transportation project NEPA documentation. 

• Identifies and commits to project level CO and PM mitigation measures for state 

sponsored transportation projects, as required;. 

• Implements TCMs for which Ohio DOT is responsible in a timely fashion. 

• Works with local municipalities and other project sponsors to ensure that the 

above procedures are also implemented on locally sponsored highway projects. 

• Assists MORPC and LCATS with travel demand modeling and mobile source 

emissions estimating processes. 

MORPC and LCATS 

• Develop, coordinate, and c'irculate transportation plan and TIP supporting and 

technical documentation for interagency consultation and public participation. 

• Conduct transportation plan/TIP and air quality conformity public participation 

processes. 

• Maintain demographic and land use data for travel demand forecasting and 

regional emissions analysis. 

Page7of19. 
• Work with Ohio DOT and local sponsors to define the design concept and scope 

of projects in the transportation plan and TIP to conduc;t regional emissions 

analyses. 

• Prepare transportation plan/TIP conformity documentation. 

• Include funding for SIP mandated TCMs in the transportation plan and TIP. 

• Adopt transportation plan!TIP and make conformity determinations. 

U.S. EPA 

• Administers and provides guidance on the Clean Air Act and Transportation 

Conformity regulations. 

• Determines adequacy of motor vehicle emissions budget used for making 

conformity determinations. 

• Reviews and comments on transportation plan and transportation improvement 

program documentation in keeping with participation plan requirements. 

• Reviews and comments on conformity determinations for the transportation plans 

and transportation improvement programs. 

FHWAIFTA 

• Consult with U.S. EPA on transportation conformity determinations. 

• Provide guidance on transportation planning regulations. 

• Ensure that all transportation planning and transportation conformity 

requirements contained in 23 CFR Part 450 and 40 CFR Part 93, respectively, 

are met. 

• Work with transit agencies to ensure that conformity procedures are implemented 

in transit agency-sponsored projects. 

• Make transportation plan!TlP conformity determinations 

IV. State Implementation Plan (SIP) Consultation Process [40 CFR 93.105] 

a) SIP Consultation Structure and Process 

Ohio EPA is responsible for preparing the SIP. If new transportation control strategies or 

TCMs are considered necessary to achieve and/or maintain federal air quality standards, 

the interagency consultation group will discuss possible TCMs for inclusion in the SIP. 

Ohio EPA will provide and update schedules for SIP development that will be available 

to all agencies and the public. Public involvement will be in accordance with Ohio EPA's 

public involvement procedures. Key documents will be posted on Ohio EPA's Web site. 

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. 

Pursuant to 40 CFR 93.105 (b }(2)(vi) the SIP will include a process to develop and 

evaluate transportation control measures as may be suggested by MORPC, LCATS, 

Ohio DOT and other agencies and the public. 

MORPC, LCATS and Ohio DOT develop the travel activity and emissions data that are 

used by Ohio EPA in establishing the on-road motor vehicle emission inventories for the 

SIP with consultation from Ohid EPA on the inputs for Mobile modeling. 

Page 8 of 19 
If new transportation control strategies are considered that may aid the region to achieve 

and/or maintain federal air quality standards, Ohio EPA will provide MORPC, LCATS 

and Ohio DOT with guidance for estimating their impacts on regional emissions. Ohio 

EPA will utilize the results of these analyses to evaluate the measures and receive 

public comment on potential new measures through the SIP consultation process. This 

SIP process will define the motor vehicle emissions budget (MVEB), and its various 

components, that will be used for future conformity determinations of the RTP and TIP. 

Prior to publishing the draft SIP, MORPC, LCATS and Ohio DOT will have an 

opportunity to review and comment on the proposed MVEB. 

In accordance with 40 CFR 93.105 (b)(2}(iii) and 40 CFR 93.105 (c}(7) Ohio EPA will 

circulate the draft SIP for public review, and all comments will be responded to in writing 

prior to adoption of the SIP. The draft will be amended as needed in response to 

comments received. Ohio EPA will then transmit the final document with amendments, 

along with the public notice, public hearing transcript and a summary of comments and 

responses, to U.S. EPA. 

b) Agency Roles and Responsibilities [40 CFR 93.105(b)(2)(i)] 

The following provides a summary on the roles and responsibilities of the different 

agencies with involvement in development and review of SIP submittals dealing with 

TCMs or emissions budgets. 

Ohio EPA 

• Responsible. for air quality monitoring, preparation and maintenance of detailed 

and comprehensive emissions inventories, air quality modeling, and other air 

quality planning and control responsibilities. 

• Responsible for preparing drafts of SIP submittals, revising those drafts, 

incorporating other agencies' comments, attending and scheduling public 

hearings, preparing public hearing transcripts and responding to public 

comments. 

• Responsible for timely SIP submittal to U.S. EPA. 

Ohio DOT 

• Assists in developing regional travel demand forecasts used in the SIP mobile 

emissions inventories and analyses of new TCMs. 

• Assists in developing mobile source inventories and analyses as needed. 

• Participates in reviewing and commenting on draft SIP documents. 

MORPC and LCATS 

• Responsible for developing regional travel demand forecasts used in the SIP 

emissions inventories and analyses of new TCMs. 

• Monitor and report on implementation of federal TCMs. 

• Responsible for providing review and comments on draft SIP documents. 

U.S. EPA 

• Receives the Ohio EPA SIP submittals and has the responsibility to act on them 

in a timely manner. 

• Directly influences the content of the submittals through regulations implementing 

the federal Clean Air Act and has the opportunity to influence the submittals 

through various meetings, workshops and hearing that are conducted. 

Page 9 of 19 
• Provides guidance on the Clean Air Act. 

• Determines adequacy of motor vehicle emissions budget used for making 

conformity determinations. 

• Provides concurrence with TCM substitution in the SIP. 

FHWAIFTA 

• Provides guidance on transportation planning regulation. 

• Participates in the SIP review and comment process. 

Please note: while these are key areas and agencies involved in the development of the 

SIP, participation in the SIP process by other agencies may occur. 

V. Project Level Conformity Determinations for Carbon Monoxide (CO) and/or 

Fine Particulate Matter (PM2.s) [40 CFR 93.105 {c)(1)(i)] 

Project sponsors are required to conduct project level conformity analyses by the FHWA/FTA 

NEPA process. FHWAIFTA are responsible for making all project-level conformity 

determinations. FHWAIFTA, with the participation of U.S. EPA, identifies the applicable 

procedures for CO and/or PM2.5 analyses. Project sponsors should use the most recently 

identified procedures. In accordance with 40 CFR 93.105 (c)( 1 )(i) and other applicable 

regulations, Ohio DOT will determine the following: 

1. That FHWAIFTA, with U.S. EPA review participation, has approved the projectlevel CO and/or PM2.5 conformity analyses which are included in the project's 

environmental document prior to initiating federal authorizations. 

2. That the design concept and scope of the project has not changed significantly 

from that used by MORPC, LCA TS and Ohio DOT in the most recent regional 

transportation conformity analyses of the RTP and TIP. 

The MORPC and LCATS policy committees may periodically review and participate with Ohio 

DOT and other agencies as appropriate in the update of the CO and/or PM2.

5 analyses. 

Through the NEPA process, Ohio DOT may provide technical guidance to project sponsors who 

use these procedures. 

VI. Monitoring of Transportation Control Measures {TCMs) 

[40 CFR 93.105 (c)(iv)] 

As part of the conformity documentation for an RTP and/or TIP, MORPC and LCATS will 

identify the status of SIP TCMs. If TCM emissions reductions are included as part of the motor 

vehicle emissions budget, MORPC and LCATS will estimate the portion of emission reductions 

that have been achieved. If there are funding or scheduling issues for a SIP transportation 

control measure, MORPC and LCATS will describe the steps being undertaken to overcome 

these obstacles, including means to ensure that funding agencies are giving these TCMs 

maximum priority. MORPC and LCATS may propose substitution of a new TCM for all or a 

portion of an existing TCM that is experiencing implementation difficulties (see Section VII 

below). 

Page 10 of19 
VII. Substitution ofTCMs in the SIP [40 CFR 93.105 (c)(iv)] 

MORPC and/or LCATS shall prepare information on and documentation of the substitute 

TCM(s) and submit it to Ohio EPA and U.S. EPA for review and comment. Ohio EPA will work 

with MORPC and LCATS and U.S. EPA in order to ensure that the requested revision provides 

an emission reduction equivalent to the original SIP TCM(s) and will officially submit the 

document to U.S. EPA for approval. Following US EPA approval of the substitute TCM(s), 

MORPC and/or LCATS will amend the TCM(s) in to their RTPs and TIPs and work with the 

affected project sponsors to implement the TCM(s). 

VIII. Conflict Resolution {40 CFR 93.105 {d)] 

Conflicts between any parties of this MOU that arise during consultation will be resolved as 

follows: 

1 . A statement of the nature of the conflict will be prepared and agreed to by the 

conflicting parties and shared with the remaining signatories. 

2. Disagreeing parties will consult in a good faith effort to resolve the conflict in a 

manner acceptable to all parties. 

3. If they are unsuccessful, the directors of the signatory agencies or their 

designees shall meet to resolve differences in a manner acceptable to all parties. 

4. If none of the above steps produces a satisfactory resolution, any participant to 

this agreement has 14 days to appeal to the Governor. If a party other than Ohio 

EPA appeals to the Governor, that participant must inform the Ohio EPA of the 

Governor's response to the appeaL Ohio EPA has 14 calendar days from that 

notification to appeal to the Governor if it disagrees with the response. The 

implementation plan revision required by 40 CFR 51.390 shall define the 

procedures for starting the 14-day clock. If Ohio EPA appeals to the Governor, 

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

Ohio EPA does not appeal to the Governor within 14 days, MORPC, LCATS and 

Ohio DOT may proceed with the final conformity determinations. The Governor 

may delegate his or her role in the process, but the head or staff of Ohio EPA, 

Ohio DOT, MORPC and LCATS may not delegate their respective roles. 

IX. Public Consultation Procedures [40 CFR 93.105 (e)] 

MORPC and LCATS will follow their respective adopted public participation procedures when 

making conformity determinations on transportation plans and programs. These procedures 

establish a proactive public participation process which provides opportunity for public review 

and comment by, at a minimum, providing reasonable public access to technical and policy 

information considered by MORPC and LCATS at the beginning of the public comment period 

and prior to taking formal action on a conformity determination for the RTP and TIP, consistent 

with these requirements and those of 23 CFR 450.316(a). Meetings of MORPC and LCATS are 

open to the public. Any charges imposed for public inspection and copying should be consistent 

with the fee schedule contained in 49 CFR 7.43. These agencies also shall provide opportunity 

for public participation in conformity determinations for projects where otherwise required by 

law. 

Page 11 of 19 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: MORPC, LCATS, Ohio EPA, Ohio DOT, FHWA, FTA and U.S.EPA 

LIST of SIGNATORIES 

Note: Signatures appear on separate, multiple pages. 

William Murdock 

Executive Director 

Mid-Ohio Regional Planning Commission 

Gerald Newton 

Executive Director 

Licking County Area Transportation Study 

Scott J. Nally 

Director 

Ohio Environmental Protection Agency 

Jerry Wray 

Director 

Ohio Department of Transportation 

Susan Hedman 

Regional Administrator 

Region 5 

U.S. Environmental Protection Agency 

Laura S. Leffler 

Division Administrator 

Ohio Division 

Federal Highway Administration 

FHWA-OH is lead for U.S. DOT 

Marisol Simon 

Regional Administrator 

Region 5 

Federal Transit Authority 

Page12of19 
AUG 1 5 7.013 

MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: MORPC, LCATS, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

__;:tA:J.,.

1 

~k~-,..-!/Yk-_~..::::..-==-::-:--- Date: ___::_.~/'--··. lr.L.:./t-=s'---

wiill'am Murdock, Executive Director 

Mid-Ohio Regional Planning Commission 

Page 13 of 19 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: MORPC, LCATS, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

4,~~1;£. ::bt Director Date: ~4g""7:..::-::.Jf:.........?c_,,,...:=;Z:.:::&>.!.-"!3 

Licking County Area Transportation Study 

Page 14 of 19 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: MORPC, LCATS, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

~ - Date: ~~~~/ CralButier;Oiiector 

Ohio Environmental Protection Agency 

Page15of19 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: MORPC, LCATS, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

Page 16 of 19 
MEMORANDUM OF UNDERSTANDING 

TRANSPORT AT!ON CONFORMITY 

CONSULTATION PROCEDURES 

Parties: 1\/TORPC, LCATS,Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages . 

..,..---,..------.,-.,...,.-.,....,--- Date: -'---'----'---''·-

Susan Hedman, Regional Administrator 

U.S. Envimnmental Protection Agency·Hegion 5 

Page 17 of 19 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: MORPC, LCATS, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

-::J~~~::"2.:.,.c::.~-::k;~=:==--- Date: q-'30 -,;WJ3 

auraS. Leffler, 

Federal Highway 

Page 18 of 19 
,-;.- .,.,_ 

MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: MORPC, LCATS, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

~rP IlL -:---o--:-::-::---,---:-ttx/-~..,....,.-:--:-:--:--c- Date: 

Marisol Simon, Regional Administrator 

Federal Transit Administration-Region 5 

Page 19 of 19 
Attachment I 

Memorandum of Understanding with 

The Northeast Ohio Areawide Coordinating Agency, The Akron 

Metropolitan Area Transportation Study, and The Erie Regional 

Planning Commission 
MEMORANDUM OF UNDERSTANDING 

AMONG 

.THE NORTHEAST OHIO AREAWIDE COORDINATING AGENCY, 

THE AKRON METROPOLITAN AREA TRANSPORTATION STUDY, 

THE ERIE REGIONAL PLANNING COMMISSION, 

THE OHIO ENVIRONMENTAL PROTECTION AGENCY, 

THE OHIO DEPARTMENT OF TRANSPORTATION, 

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY-REGION 5, 

THE FEDERAL HIGHWAY ADMINISTRATION-OHIO DIVISION, AND 

THE FEDERAL TRANSIT ADMINISTRATION-REGION 5 

The purpose of this Memorandum of Understanding (MOU) is to implement Section 176 of the 

Clean Air Act {CAA), as amended (42 U.S. C. 7401 et seq.), the related requirements of 23 U.S. 

C. 109U), and regulations under the Code of Federal Regulations (CFR) Section 40, Part 93, 

Subpart A with respect to the conformity of transportation plans, programs, and projects that are 

developed, funded or approved by the United States Department of Transportation (U.S. DOT) 

and by Metropolitan Planning Organizations (MPOs ), and the Ohio Department of 

Transportation (Ohio DOT), or other recipients of funds under title 23 U.S.C. or the Federal 

Transit Laws (49 U.S.C. Chapter 53). This MOU sets forth policy, criteria, and procedures .for 

demonstrating and assuring conformity of such activities to applicable implementation plans 

developed according to Part A, Section 110 and Part D of the CAA. 

This is a MOU concerning the criteria and procedures for the conformity determination of 

transportation plans, programs and projects in the Cleveland-Akron-Elyria, Ohio Consolidated 

Metropolitan Statistical areas for National Ambient Air Quality Standards (NAAQS), pursuant to 

the CAA Amendments of 1990. 

The eight parties to this MOU are as follows, hereafter referred to as "all parties": 

Akron Metropolitan Area Transportation Study (AMATS) 

Erie Regional Planning Commission (ERPC) 

Federal Highway Administration-Ohio Division (FHWA-OH) 

Federal Transit Administration-Region 5 (FT A-R5) 

Northeast Ohio Areawide Coordinating Agency (NOACA) 

Ohio Department of Transportation (Ohio DOT) 

Ohio Environmental Protection Agency (Ohio EPA) 

United States Environmental Protection Agency-Region 5 (U.S. EPA-R5) 

This MOU will be submitted as a revision to the Ohio State Implementation Plan (SIP) required 

by Section 176 of the CAA Amendments of 1990 and will govern conformity determinations in 

the AMATS, ERPC, and NOACA areas. NOACA is the MPO for Cuyahoga, Geauga, Lake, 

Lorain (less the city of Vermilion portion of the county) and Medina counties. AMATS is the 

MPO for Summit and Portage counties and Chippewa Township in Wayne County. Chippewa 

Township is not part of the nonattainment area. ERPC is the MPO for Erie County and the city 

of Vermilion portion of Lorain County. Only the city of Vermilion portion of the ERPC area is 

part of the nonattainment area. 

This MOU will continue to apply to any revised nonattainment area geographies resulting from 

future designations, or designation revisions for the criteria pollutants within the AMATS, ERPC, 

and NOACA areas. 

Page 1 of 21 
Execution of this MOU by each party shall be by signature of each party's representative. 

The provisions of this MOU shall be implemented through appropriate procedures, resolutions, 

or other means, in order to comply with the requirements of all federal and state laws and 

regulations relating to the conformity determination and development of applicable 

implementation plan revisions. The roles, processes and responsibilities of each signatory to 

this MOU are defined and delineated in the MOU and Attachments A and B. 

Page 2 of 21 
Attachment A 

Transportation Air Quality Conformity Protocol 

Conformity Procedures 

In accordance with the requirements under Section 176 (c)(4)(C) of the CM, Ohio EPA 

submitted a state implementation plan (SIP) revision to U.S. EPA on August 17, 1995. This 

submittal was found to be complete on October 5, 1995. In this submittal, Ohio EPA adopted 

State rules to meet the requirements of 40 CFR Part 51, Subpart T, as published on November 

24, 1993. Transportation conformity is required for all nonattainment or maintenance areas for 

any transportation related criteria pollutants [40 CFR 51.394 (b)]. 

On August 10, 2005, the President signed into law the Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for Users (SAFETEA-LU). SAFETEA-LU promotes more 

efficient and effective Federal surface transportation programs by focusing on transportation 

issues of national significance, while giving State and local transportation decision makers more 

flexibility for solving transportation problems in their communities. Section 6011 of SAFETEALU specifically addresses transportation conformity. One of the requirements, (f)(4)(E) states, 

"Not later than 2 years after the date of enactment of the SAFETEA-LU the 

procedures under subparagraph (A) shall include a requirement that each state 

include in the state implementation plan criteria and procedures for consultation 

required by subparagraph (D) (i), and enforcement and enforceability (pursuant 

to sections 93.125 (c) and 93.122 (a) (4) (ii) of Title 40, Code of Federal 

Regulations (CFR) in accordance with the Administrator's criteria and procedures 

for consultation, enforcement and enforceability." 

States are no longer required to adopt all of the provisions of the federal conformity rule. The 

three required SIP elements are: 

1) consultation procedures [40 CFR 93.1 05]; 

2) procedures for determining regional transportation-related 

emissions [40 CFR 93.122(a)(4)(ii)]; and 

3) enforceability of design concept and scope and project-level 

mitigation and control measures [40 CFR 93.125 (c)]. 

In accordance with 40 CFR Section 93.105, the SIP or SIP revision shall include procedures for 

interagency consultation (federal, state and local), resolution of conflicts, and public consultation 

as described in Attachment B. Public consultation shall be developed in accordance with the 

requirements for public participation in 23 CFR Part 450. The plan shall include procedures to 

be undertaken by NOACA, AMATS, ERPC, state and federal DOTs, local air quality agencies 

and U.S. EPA, prior to making conformity determinations, and by state and local air agencies 

and U.S. EPA with AMATS, ERPC, NOACA. state and federal DOTs. in developing applicable 

implementation plans. NOACA, AMATS, ERPC and Ohio DOT must provide reasonable 

opportunity for consultation with Ohio EPA, U.S. EPA and local air quality and transportation 

agencies as described in Attachment B. 

Page 3 of 21 
In accordance with 40 CFR section 93.122 (a)(4)(ii), prior to making a conformity determination 

on the regional transportation plans (RTPs) or transportation improvement programs (TIPs), 

AMATS, ERPC, and NOACA will not include emissions reduction credits from any control 

measures that are not included in their RTPs or TIPs and that do not require a regulatory action 

in the regional emissions analyses used in the conformity analyses unless NOACA, AMATS, 

ERPC or FHWA/FTA obtains written commitments, as defined in 40 CFR section 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. Prior to making 

a conformity determination on a RTP or TIP, AMATS, ERPC, and NOACA will ensure the 

project design concept and scope are appropriately identified in the emissions analyses used in 

the regional conformity analyses. 

In accordance with 40 CFR section 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 written commitments, as defined in 40 CFR section 93.101, to implement any 

project-level mitigation or control measures in !he construction or operation of the project 

identified as conditions for National Environmental Policy Act (NEPA) approval. The written 

commitments to implement those project-level mitigation or control measures must be fulfilled 

by the appropriate entities. 

Page 4 of 21 
Attachment B 

Interagency Consultation Procedures 

I. General 

Ohio EPA shall provide well-defined consultation procedures in the SIP whereby all parties to 

this MOU and other organizations with responsibilities for developing, submitting, or 

implementing provisions of a SIP must consult with each other on the development of the SIP, 

the RTPs, the TIPs, and associated conformity determinations in accordance with 40 CFR 

93.105(b)(1). 

These procedures implement the interagency consultation process for NOACA, AMA TS and 

ERPC, and include procedures to be undertaken by all parties to this MOU before making 

transportation conformity determinations on the RTPs and TIPs in accordance with 40 CFR 

93.105(a)(1) and 40 CFR 93.105(c)(3). This area's geographic coverage includes three MPOs: 

AMATS, ERPC, (representing the Lorain County portion of the city of Vermilion), and NOACA in 

the urban airshed, as well as a county, Ashtabula, which is not part of either MPO. AMATS, 

NOACA and Ohio DOT (responsible for transportation planning and air quality conformity 

analyses in Ashtabula County), perform conformity analyses for their respective portions of the 

area. NOACA also is responsible for the conformity analysis for the Lorain County portion of the 

city of Vermilion for ERPC. These analyses are combined to make a conformity determination 

for the area. 

II. Consultation on Transportation Plans, Transportation Pian Amendments, 

Transportation Improvement Programs, and Transportation Improvement 

Program Amendments [40 CFR 93.105] 

Consultation on all non-conformity related aspects of transportation plans, transportation 

improvement programs, and amendments thereto shall be governed by the applicable 

participation plans developed pursuant to 23 USC 134/49 USC 5303(i)(5), (i)(6), and 0)(4) and 

23 USC 135/49 USC 5304 (f)(3) and (g)(3). Consultation on conformity related aspects of these 

activities are delineated below. 

a) Consultation on Transportation Plan and Transportation Plan Amendment 

Conformity Process 

Following NOACA, AMATS and ERPC's notices that the transportation plan's air 

quality conformity process has been initiated, interagency consultation will define the 

procedures and parameters by which conformity will be established. NOACA and 

Ohio DOT will coordinate the interagency consultation process. In accordance with 

40 CFR 93.105 (c), interagency consultation will include the following topics, as 

appropriate: 

• travel forecasting and modeling assumptions; 

• latest planning assumptions; 

• motor vehicle emission factors to be used in conformity analysis; 

• appropriate analysis years; 

• treatment of regionally significant projects (federal and non-federal funded) 

assumed in the transportation network and the year of operation; 

Page 5 of21 
• treatment of regionally significant projects that span MPO boundarie~; 

• status of TCM implementation; 

• financial constraints and other requirements that affect conformity pursuant to 

Federal Statewide and Metropolitan Planning regulations; 

• reliance on a previous regional emissions analysis; 

• conformity process public participation procedures; and 

• the need for interim RTPs (in the event of a conformity lapse). 

AMATS, ERPC, and NOACA are lead agencies for development of their respective 

transportation plans and amendments thereto. AMATS is lead agency for the 

conformity analyses for Portage and Summit Counties. NOACA is the lead agency 

for the development of the associated transportation conformity analyses for 

Cuyahoga, Geauga, Lake, Lorain and Medina counties. Only the Lorain County 

portion of the city of Vermilion portion of the ERPC area is within the conformity 

analyses area. ERPC will allow NOACA to conduct the analyses for this area. 

ERPC will be provided the opportunity to review the analyses. The interagency 

consultation parties will participate in the plan development process, review 

associated documentation, and collaboratively establish the procedures and 

parameters for determining transportation plan conformity. 

If new designations for criteria pollutants occur that expand analyses areas beyond 

those defined above, interagency consultation will determine the parties responsible 

for conducting those analyses in accordance with 40 CFR 93.105(c)(2)(ii). 

Following AMATS', ERPC's, and NOACA's approval of their final transportation plans 

and conformity findings, Ohio DOT will provide the final transportation plans and 

conformity documentation to FHWAJFTA for joint review as required by 40 CFR 

93.105 (c)(7) and 23 CFR 450.322 of the FHWAJFTA Statewide and Metropolitan 

Planning rule. Copies of the final transportation plans and conformity documentation 

also will be made available on the AMATS, ERPC, and NOACA Web sites. 

b) Consultation and Notification Procedures for Conformity Analysis of TIP and 

TIP Amendments 

Following AMATS', ERPC's, and NOACA's notices that the TIP air quality conformity 

process has been initiated, interagency consultation will define the procedures and 

parameters by which conformity will be established. NOACA AMATS and Ohio DOT 

will coordinate the TIP transportation conformity interagency consultation process. 

Interagency consultation will include the same topics listed for the transportation plan 

(see Section ll. a) as well as the additional topics listed below in accordance with 40 

CFR 93.105 (c). 

• identification of exempt TIP projects: 

• identification of exempt projects which should be treated as nonexempt; and 

• determination of an interim TIP (in the event of a conformity lapse) inclusive of 

projects that can advance during a conformity lapse. 

For TIP amendments, AMATS, ERPC, NOACA, and OHIO DOT will consult as 

identified below: 

Page 6 of 21 
Consultation required in situations requiring a conformity determination, including but 

not limited to: 

• add a regionally significant project to the TIP when it has already been 

appropriately accounted for in the regional emissions analysis for the 

transportation plan; 

• add a non-regionally significant project to the TIP; 

• add non-exempt, regionally significant project that has not been accounted for in 

the regional emissions analysis·, and 

• change in non-exempt, regionally significant project that is not consistent with the 

design concept and scope or the conformity analyses years. 

After AMATS, ERPC, and NOACA approve their final TIPs and conformity findings, 

AMATS, ERPC, and NOACA will provide the final TIPs and conformity 

documentation to Ohio DOT. Ohio DOT will forward the documents to FHWA/FTA 

for joint review as required by 40 CFR 93.105 (c){7) and 23 CFR 450.322 of the 

FHW A/FTA Statewide and Metropolitan Planning rule. Copies of the final TIPs and 

conformity documentation will be made available on AMA TS, ERPC, and NOACA 

Web sites. 

Ill. Transportation Plan and Transportation Improvement Program Interagency 

Consultation Agency Roles and Responsibilities [40 CFR 93.105(b)(2)] 

Ohio EPA 

• Reviews and comments on all aspects of the conformity determinations for the 

RTP and TIP in a timely manner. 

• Develops, solicits Input on and adopts motor vehicle emission budgets. 

• Seeks U.S. EPA approval for the use of motor vehicle emissions factors and 

mobile source budgets in conformity analyses. 

• Reviews and comments on the transportation plan and TIP development 

documentation and associated air quality analyses in a timely manner. 

Ohio DOT 

• Participates as a voting member of the AMATS, ERPC, and NOACA MPOs 

governing bodies and associated committees as defined by their respective 

codes of regulations and/or agency bylaws. 

• Project initiator for state sponsored transportation improvement projects in the 

AMATS, ERPC, and NOACA region. 

• Works directly with AMATS, ERPC, and NOACA in providing and reviewing 

detailed project programming information. 

• Defines the design concept and scope of state sponsored transportation 

improvement projects to conduct regional emissions analysis. 

• Promptly notifies AMATS, ERPC, and NOACA of changes in design concept and 

scope, cost, and implementation year of regionally significant state sponsored 

projects. 

• Assures project level CO and PM hotspot analyses are included in AMATS, 

ERPC, and NOACA region transportation project NEPA documentation. 

• Identifies and commits to project level CO and PM mitigation measures for state 

sponsored transportation projects, as required;. 

• Implements TCMs for which Ohio DOT is responsible in a timely fashion. 

Page 7 of 21 
• Works with local municipalities and other project sponsors to ensure that the 

above procedures are also implemented on locally sponsored highway projects. 

• Assists AMATS, ERPC, and NOACA with travel demand modeling and mobile 

source emissions estimating processes. 

NOACA,AMATSandERPC 

• Develop, coordinate, and circulate transportation plan and TIP supporting and 

technical documentation for interagency consultation and public participation. 

• Conduct transportation plan/TIP and air quality conformity public participation 

processes. 

• Maintain demographic and land use data for travel demand forecasting and 

regional emissions analysis. 

• Work with Ohio DOT and local sponsors to define the design concept and scope 

of projects in the transportation plan and TIP to conduct regional emissions 

analysis. 

• Prepare transportation planrriP conformity documentation. 

• Include funding for SIP mandated TCMs in the transportation plan and TIP. 

• Adopt transportation plan/TIP and makes conformity determinations. 

U.S. EPA 

• Administers and provides guidance on the Clean Air Act and Transportation 

Conformity regulations. 

• Determines adequacy of motor vehicle emissions budget used for making 

conformity determinations. 

• Reviews and comments on transportation plan and transportation improvement 

program documentation in keeping with participation plan requirements. 

• Reviews and comments on conformity determinations for the transportation plans 

and transportation improvement programs. 

FHWA/FTA 

• Consult with U.S. EPA on transportation conformity determinations. 

• Provide guidance on transportation planning regulations. 

• Ensure that all transportation planning and transportation conformity 

requirements contained in 23 CFR Part 450 and 40 CFR Part 93, respectively, 

are met. 

• Work with transit agencies to ensure that conformity procedures are implemented 

in transit agency-sponsored projects. 

• Make transportation plan/TIP conformity determinations 

IV. State Implementation Plan (SIP) Consultation Process [40 CFR 93.105] 

a) SIP Consultation Structure and Process 

Ohio EPA is responsible for preparing the SIP. If new transportation control 

strategies or TCMs are considered necessary to achieve and/or maintain federal air 

quality standards, the interagency consultation group will discuss possible TCMs for 

inclusion in the SIP. Ohio EPA will provide and update schedules for SIP 

development that will be available to all agencies and the public. Public involvement 

will be in accordance with Ohio EPA's public involvement procedures. Key 

Page 8 of 21 
documents will be posted on Ohio EPA's Web site. 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. Pursuant to 40 CFR 

93.105 (b)(2)(vi) the SIP will include a process to develop and evaluate 

transportation control measures as may be suggested by AMATS, ERPC, NOACA, 

Ohio DOT and other agencies and the public. 

AMATS, ERPC, NOACA and Ohio DOT develop the travel activity and emissions 

data that are used by Ohio EPA in establishing the on-road motor vehicle emission 

inventories for the SIP with consultation from Ohio EPA on the inputs for Mobile 

modeling. 

If new transportation control strategies are considered that may aid the region to 

achieve and/or maintain federal air quality standards, Ohio EPA will provide NOACA, 

AMATS, ERPC and Ohio DOT with guidance for estimating their impacts on regional 

em1ss1ons. Ohio EPA will utilize the results of these analyses to evaluate the 

measures and receive public comment on potential new measures through the SIP 

consultation process. This SIP process will define the motor vehicle emissions 

budget (MVEB), and its various components, that will be used for future conformity 

determinations of the RTP and TIP. Prior to publishing the draft SIP, NOACA, 

AMATS, ERPC and Ohio DOT will have an opportunity to review and comment on 

the proposed MVEB. 

In accordance with 40 CFR 93.105 (b)(2)(iii) and 40 CFR 93.105 (c)(7) Ohio EPA will 

circulate the draft SIP for public review, and all comments will be responded to in 

writing prior to adoption of the SIP. The draft will be amended as needed in 

response to comments received. Ohio EPA will then transmit the final document with 

amendments, along with the public notice, public hearing transcript and a summary 

of comments and responses, to U.S. EPA. 

b) Agency Roles and Responsibilities [40 CFR 93.105(b)(2){i)] 

The following provides a summary on the roles and responsibilities of the different 

agencies with involvement in development and review of SIP submittals dealing with 

TCMs or emissions budgets. 

Ohio EPA 

• Responsible for air quality monitoring, preparation and maintenance of detailed 

and comprehensive emissions inventories. air quality modeling, and other air 

quality planning and control responsibilities. 

• Responsible for preparing drafts of .SIP submittals, revising those drafts, 

incorporating other agencies' comments, attending and scheduling public 

hearings, preparing public hearing transcripts and responding to public 

comments. 

• Responsible for timely SIP submittal to U.S. EPA. 

Page 9 of 21 
Ohio DOT 

• Assists in developing regional travel demand forecasts used in the SIP mobile 

emissions inventories and analyses of new TCMs. 

• Assists in developing mobile source inventories and analyses as needed. 

• Participates in reviewing and commenting on draft SIP documents. 

NOACA, AMATS and ERPC 

• Responsible for developing regional travel demand forecasts used in the SIP 

emissions inventories and analyses of new TCMs. 

• Monitor and report on implementation of federal TCMs. 

• Responsible for providing review and comments on draft SIP documents. 

U.S. EPA 

• Receives the Ohio EPA SIP submittals and has the responsibility to act on them 

in a timely manner. 

• Directly influences the content of the submittals through regulations implementing 

the federal Clean Air Act and has the opportunity to influence the submittals 

through various meetings, workshops and hearing that are conducted. 

• Provides guidance on the Clean Air Act. 

• Determines adequacy of motor vehicle emissions budget used for making 

conformity determinations. 

• Provides concurrence with TCM substitution in the SIP. 

FHWA/FTA 

• Provides guidance on transportation planning regulation. 

• Participates in the SIP review and comment process. 

Please note: while these are key areas and agencies involved in the development of the 

SIP. participation in the SIP process by other agencies may occur. 

V. Project Level Conformity Determinations for Carbon Monoxide (CO) 

and/or Fine Particulate Matter (PM2.sl [40 CFR 93.105 (c)(1)(i)] 

Project sponsors are required to conduct project level conformity analyses by the FHWA/FTA 

NEPA process. FHWA/FTA are responsible for making all project-level conformity 

determinations. FHWAIFTA, With the participation of U.S. EPA. identifies the applicable 

procedures for CO and/or PM2.5 analyses. Project sponsors should use the most recently 

identified procedures. In accordance with 40 CFR 93.105 (c)(1)(i) and other applicable 

regulations, Ohio DOT will determine the following: 

1. That FHWA/FTA, with U.S. EPA review participation, has approved the projectlevel CO and/or PM2.5 conformity analyses which are included in the project's 

environmental document prior to initiating federal authorizations. 

2. That the design concept and scope of the project has not changed significantly 

from that used by AMATS, ERPC, NOACA and Ohio DOT in their most recent 

regional transportation conformity analyses of the RTP and TIP. 

Page 10 of 21 
The AMATS, ERPC, and NOACA respective governing board or policy committees may 

periodically review and participate with Ohio DOT and other agencies as appropriate in the 

update of the CO and/or PM2.5 analyses. Through the NEPA process, Ohio DOT may provide 

technical guidance to project sponsors who use these procedures. 

VI. Monitoring of Transportation Control Measures {TCMs) 

[40 CFR 93.105 (c)(iv)] 

As part of the conformity documentation for an RTP and/or TIP, AMATS, ERPC, and NOACA 

will identify the status of SIP TCMs. If TCM emissions reductions are included as part of the 

motor vehicle emissions budget, AMATS, ERPC, and NOACA will estimate the portion of 

emission reductions that have been achieved. If there are funding or scheduling issues for a 

SIP transportation control measure, AMATS, ERPC, and NOACA will describe the steps being 

undertaken to overcome these obstacles, including means to ensure that funding agencies are 

giving these TCMs maximum priority. AMATS, ERPC, and NOACA may propose substitution of 

a new TCM for all or a portion of an existing TCM that is experiencing implementation difficulties 

(see Section VII below). 

VII. Substitution ofTCMs in the SIP [40 CFR 93.105 (c)(iv)j 

AMATS, ERPC, and/or NOACA shall prepare information on and documentation of the 

substitute TCM(s) and submit it to Ohio EPA and U.S. EPA for review and comment. Ohio 

EPA will work with AMATS, ERPC, NOACA and U.S. EPA in order to ensure that the requested 

revision provides an emission reduction equivalent to the original SIP TCM(s) and will officially 

submit the document to U.S. EPA for approval. Following US EPA approval of the substitute 

TCM(s), the respective NOACA, AMATS, and ERPC governing boards or policy committees will 

amend the TCM( s) in to their respective RTPs and TIPs and work with the affected project 

sponsors to implement the TCM(s). 

VIII. Conflict Resolution [40 CFR 93.105 (d)] 

Conflicts between any parties of this MOU that arise during consultation will be resolved as 

follows: 

1. A statement of the nature of the conflict will be prepared and agreed to by the 

conflicting parties and shared with the remaining signatories. 

2. Disagreeing parties will consult in a good faith effort to resolve the conflict in a 

manner acceptable to all parties. 

3. If they are unsuccessful, the directors of the signatory agencies or. their 

designees shall meet to resolve differences in a manner acceptable to all parties. 

4. If none of the above steps produces a satisfactory resolution, any participant to 

this agreement has 14 days to appeal to the Governor. If a party other than Ohio 

EPA appeals to the Governor, that participant must inform the Ohio EPA of the 

Governor's response to the appeal. Ohio EPA has 14 calendar days from that 

notification to appeal to the Governor if it disagrees with the response. The 

implementation plan revision required by 40 CFR 51.390 shall define the 

procedures for starting the 14-day clock. If Ohio EPA appeals to the Governor, 

Page 11 of21 
the final conformity determination must have the concurrence of the Governor. If 

Ohio EPA does not appeal to the Governor within 14 days, AMATS, ERPC, 

NOACA and Ohio DOT may proceed with the final conformity determinations. 

The Governor may delegate his or her role in the process, but the head or staff of 

Ohio EPA, Ohio DOT, AMATS, ERPC and NOACA may not delegate their 

respective roles. 

IX. Public Consultation Procedures [40 CFR 93.105 (e)] 

AMATS, ERPC, and NOACA will follow their respective adopted public participation procedures 

when making conformity determinations on transportation plans and programs. These 

procedures establish a proactive public participation process which provides opportunity for 

public review and comment by, at a minimum, providing reasonable public access to technical 

and policy information considered by NOACA, AMA TS or ERPC at the beginning of the public 

comment period and prior to taking formal action on a conformity determination for the RTP and 

TIP, consistent with these requirements and those of 23 CFR 450.316(a). Meetings of AMATS, 

ERPC, and NOACA are open to the public. Any charges imposed for public inspection and 

copying should be consistent with the fee schedule contained in 49 CFR 7 .43. These agencies 

also shall provide opportunity for public participation in conformity determinations lor projects 

where otherwise required by law. 

Page 12of21 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: NOACA, AMATS, ERPC, Ohio EPA, Ohio DOT, FHWA, FTA and U.S.EPA 

LIST of SIGNATORIES 

Note: Signatures appear on separate, multiple pages. 

Grace Gallucci 

Executive Director 

Northeast Ohio Areawide Coordinating Agency 

Jason Segedy 

Director 

Akron Metropolitan Area Transportation Study 

Steve Poggiali 

Executive Director 

Erie Regional Planning Commission 

Scott J. Nally 

Director 

Ohio Environmental Protection Agency 

Jerry Wray 

Director 

Ohio Department of Transportation 

Susan Hedman 

Regional Administrator 

Region 5 

U.S. Environmental Protection Agency 

Laura S. Leffler 

Division Administrator 

Ohio Division 

Federal Highway Administration 

FHWA-OH is lead for U.S. DOT 

Marisol Simon 

Regional Administrator 

Region 5 

Federal Transit Authority 

Page 13 of 21 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: NOACA, AMATS, ERPC, Ohio EPA, Ohio DOT, FHWA, PTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

Grace Gallucci, Executive Director 

Northeast Ohio Areawide Coordinating Agency 

Page 14of21 
AUG 1 5 1013 

MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: NOACA, AMATS, ERPC, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

~ ~ ~ o.te t_ '1- n "Jasonsege Y;Direeto'i' 

Akron Metropolitan Area Transportation Study 

Page 15 of 21 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: NOACA, AMATS, ERPC, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

\.= Date: C{- l.:S- 13 

Steve Pog cutive Director 

Erie Regional Planning Commission 

Page 16 of 21 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: NOACA, AMATS, ERPC, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

_(.=c......r:::o.,-.:::-- --:----',""""3'-'--~r------=·· =----Date: _q~/ /-~IV'--- cr~r. Director I 

Ohio Environmental Protection Agency 

Page 17 of 21 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: NOACA, AMATS, ERPC, Ohio EPA, Ohio DOT, FHWA, FTA ancl U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

Page 18of21 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: NOACA, AMATS, ERPC, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages . 

.,.::.::::::=:_rll/__:·····~==~~=· ··=··::.:::::.~-- oate: _7_· "---,,.::,_ _ ___;,._ 

Susan Hedman, Regional Administrator 

U.S. Environmental Protection Agency.Region 5 

Page 19 of 21 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: NOACA, AMATS, ERPC, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

-:f-.L--:::--c:---:::+-r~'-:lf-+::--::--::-:--:---:- Date: (/-30 -.;u:,13 

aura S. Leffi r IV! Administrator 

Federal Highway Administration-Ohio Division 

Page 20 of 21 
MEMORANDUM OF UNDERSTANDING 

TRANSPORTATION CONFORMITY 

CONSULTATION PROCEDURES 

Parties: NOACA, AMATS, ERPC, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA 

Note: Signatures appear on separate, multiple pages. 

l/11~17{J ~ Date: \!i • cl1 · Z.,.V 1} 

Marisol Simon, Regional Administrator 

Federal Transit Administration·Region 5 

Page 21 of 21 
BEFORE THE OHIO EPA 

IN RE: 

USEPA UPDATE OF OHIO 

PROCESSES AND PROCEDURES 

FOR TRANSPORTATION 

CONFORMITY 

Taken before Michelle K. Douridas, 

a Registered Professional Reporter and 

Notary Public in and for the State of Ohio, 

at 50 East Town Street, Columbus, Ohio, 

commencing on Monday, September 24th, 2012, at 

10:30 a.m. 

MODERATOR MARY McCARRON 

Fuale(V Coopeu 

Professional Court Reporters 

lY:@in 0ffi(~1 

8036 Sn1oke Road 

Pataskala, Ohio 43062 

(7401 927-3338 

(800I a:12-6l6l 

Fax (740) 927-3436 

www. FraleyCooper.com 

Columbus, Ohio 

(614) 22()-0018 

Newark, Ohio 

(740) 345-B556 
Page2 

2 

3 

4 

5 

6 

7 

Monday Morning Session 

September 24th, 2012 

10:30 a.m. 

McCarron. 

Ohio EPA. 

8 hearing. 

9 

P R 0 C E E D I N G S 

MEDIATOR McCARRON: My name is Mary 

I'm public information officer for 

I'll be presiding over today's 

The purpose of the hearing today is to 

10 obtain comments from any interested person 

11 regarding Ohio EPA's proposed action. 

12 The State of Ohio is requesting that the 

13 USEPA update Ohio processes and procedures for 

14 transportation conformity in Ohio's State 

15 Implementation Plan. 

16 This update consists of a Memorandum of 

17 Understanding among Ohio EPA, Ohio Department of 

18 Transportation, USEPA, Federal Highway 

19 Administration, and the Federal Transit 

20 Administration. 

21 Comments can be submitted until the 

22 close of business today, September 24th, 2012. 

23 All interested persons are entitled to 

24 attend or be represented and to present oral 

Fraley. Cooper & Associates (614) 228-0018 (800) 852-6163 (740) 345-8556 
Page 3 

and/or written comments concerning the proposed 

2 action. 

3 All written and oral comments received 

4 as part of the official record will be considered 

5 by the Director of Ohio EPA before a final 

6 decision is made. 

7 At this time there is nobody present to 

8 provide testimony, so we'll go off the record for 

9 30 minutes. 

10 

11 

(Short break in proceedings.) 

MEDIATOR McCARRON: No one is present to 

12 provide testimony, so we will adjourn this 

13 

14 

15 

hearing. The time is now 11:00. 

Thereupon, at 11:00 a.m. on Monday, 

16 September 24th, 2012, the hearing was adjourned. 

17 

18 

19 

20 

21 

22 

23 

24 

Fraley, Cooper & Associates (614) 228-0018 (800) 852-6163 (740) 345-8556 
C E R T I F I C A T E 

2 STATE OF OHIO 

ss: 

3 COUNTY OF LICKING 

4 I, Michelle K. Douridas, a Registered 

Professional Reporter and Notary Public in and 

5 for the State of Ohio, duly commissioned and 

qualified, do hereby certify that this hearing 

Page4 

6 was by me reduced to stenotype; that the 

foregoing is a true and correct transcript of the 

7 hearing; that the hearing was taken at the time 

and place in the caption specified and was 

8 completed without adjournment; and that I am in 

no way related to or employed by any attorney or 

9 party hereto, or financially interested in the 

action, and I am not, nor is the court reporting 

10 firm with which I am affiliated, under a contract 

as defined in Civil Rule 28(D). 

11 

IN WITNESS WHEREOF, I have hereunto set 

12 my hand and affixed my seal of office at 

Pataskala, Ohio, on this 8th day of October, 

13 2 0 12 . 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

My Commission Expires: 

K. DOURIDAS, RPR 

NOTARY PUBLIC-STATE OF OHIO 

July 16th, 2013. 

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Fraley, Cooper & Associates (614) 228-0018 (800) 852-6163 (740) 345-8556 

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