### MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT, made as ofthe last day writtenbelow, by and betweenthe DURHAM-CHAPEL HILL-CARRBORO METROPOLITAN PLANNING ORGANIZATION (hereinafter, "MPO"), the NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (hereinafter, "NCDOT"), the NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (hereinafter, "NCDENR"), the UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (hereinafter, "USEPA"), the FEDERAL HIGHWAY ADMINISTRATION (hereinafter, "FHWA"), the FEDERAL TRANSIT ADMINISTRATION (hereinafter, "FTA") and collectively referred to hereinafter as the Parties.

RECITALS WHEREAS, the Parties enterinto this Memorandum ofAgreement (hereinafter, "Agreement") for the purpose ofimplementing interagency consultationprocedures for developing a State Implementation Plan (hereinafter, "SIP") and/or revisions, regional emissions budget comparisons and conformity determinations ofLong Range Transportation Plans (hereinafter, "LRTP"), Metropolitan TransportationImprovement Programs (hereinafter, "TIPs"), and Regionally SignificantProjects (hereinafter, "RSP"); WHEREAS, the Parties enter into this Agreement in accordance with Section 176(c)(4)(E) ofthe Clean Air Act (hereinafter, "CAA''), as amended (42 U.S.C. 7401 et seq.) withrespect to the conformity ofLRTPs, TIPs andFHW A/FTAprojects, which are developed, funded or approved by the United States Department ofTransportation (hereinafter, "USDOT") andby the MPO or otherrecipients offunds under Title 23 U.S.C., orthe Federal Transit Act (49 U.S.C. Chapter 53.), and Title 15ANorth Carolina Administrative Code (hereinafter, "N.C.A.C."), Subchapter 2D, Section .2000 relating to nonattainment and maintenance areas; WHEREAS, the MPO desires to comply with the aforementioned federal laws andregulations and parallel state and local laws andregulations bypreparing, modifying and evaluating LR TPs andTIPs (which may include RSPs) in accordance withthe SIP and in orderto preserve the integrity ofthe SIP; WHEREAS, NCDOT desires to complywith the aforementioned federal laws andregulations andparallel state and local laws andregulations by assisting the MPO in its conformity determination in accordance with the State Transportation Plan and State Transportation ImprovementProgram (hereinafter, "STIP") and in orderto preserve the integrity ofthe SIP; WHEREAS, NCDENR desires to assist the MPO in its compliance with the aforementioned federal requirements andmust enforce applicable state environmental laws andregulations; WHEREAS, USEPA desires to effectively enforce the relevant federal laws andregulations regarding air quality and compliance with SIP requirements; WHEREAS, FHW A desires to effectively enforce and administer the relevant aforementioned federal laws and regulations regarding metropolitan and statewide transportation planning and transportation conformity;

1WHEREAS, FT A desires to effectively enforce and administer the relevant aforementioned federal laws and regulations regarding metropolitan and statewide transportationplanning and transportation conformity; and WHEREAS, the Parties wish to work together to performthe duties imposedupon them by law and to coordinate among themselves for efficient andthorough planning for air quality in the geographic area included within the MPO. THEREFORE, in consideration ofthese conditions and for good andvaluable consideration and the benefits flowing to the Parties from each other, the receipt ofwhich is hereby acknowledged, andin further consideration ofthe mutual covenants, terms, conditions and restrictions hereinafter set forth, the Parties hereby agree as follows: PURPOSE The purpose ofthis MOA is to satisfy the requirement in Clean AirAct section 176(c)(4)(E) to create a state conformity SIP containing the following three requirements ofthe Federal Transportation ConformityRule, 40 CFRpart 93 subpart A: (1) 40 CFR 93.105, which addresses consultation procedures; (2) 40 CFR 93.122(a)(4)(ii), which states that conformity SIPs must require written commitments to control measures to be obtainedprior to a conformity determination ifthe control measures are not included in an Metropolitan Planning Organization's transportation plan andtransportation improvementprogram, and that such commitments be fulfilled; and (3) 40 CFR 93.125(c), which states that conformity SIPs must require written commitments to mitigation measures to be obtainedpriorto a project-level conformity determination, and that project sponsors comply with such commitments. 1.0 DEFINITIONS 1.1 "Conformity"-- refers to the status oftransportation plans, programs andprojects within a region designated as nonattainment or maintenance for transportation relatedpollutants, as to whether they comply with air emission levels and standards required by existing state and/or federal implementationplans for that region. 1.2 "Consultation"

-- means when one Party confers with another identified Party, prior to any final decision, provides all information necessary to that Party needed for meaningful input, and considers and responds to the views ofthat Party in a timely written manner. 1.3 "Interagency Consultation Conformity Determination Meeting"

-- refers to a meeting calledby the MPO or its designee and opento all Parties, designed to establish agreed upon procedures, protocols, and schedules for conducting a conformity analysis and determination. 1.4 "Long Range Transportation Plan" (LRTP) --means the official intermodal metropolitan transportationplanthat is developed through the metropolitan planningprocess for the metropolitan planning area, developedpursuantto 23 C.P.R. part 450.

21.5 "State Implementation Plan" (SIP)

-- means documents, including, butnot limited to, State adopted regulations, attainment demonstrations, and maintenance plans, submitted byNorth Carolinato, and approvedby, the USEPA, or the most recent revision thereof, in accordance with Sections 110, 301(d) and 175(A) ofthe CAA (42 U.S.C. 7410, 7601, and 7505(a)) andregulations promulgatedby USEPA pursuant to the provisions ofthose sections. 1.6 "Statewide Interagency ConsultationMeetings" (SICM)

-- refers to regularly scheduled informational meetings, sponsoredbyNCDENRto which all Parties are invited, including all MPOs and Regional Planning Organizations throughout the State, which are required to have air quality conformity determinations under Title 15AN.C.A.C. Subchapter 2D, Section .2000. 1.7 "Statewide Transportation Improvement Program" (STIP) --means a staged, multiyear, statewide, intermodal program oftransportation projects, which is consistent with the statewide transportation plan and planning processes and LRTPs, TIPs and processes. 1.8 "Timely" means within the timeframe agreed to in the schedule set at the Interagency Consultation Conformity DeterminationMeeting(s). 1.9 "Transportation Providers" -meanspublic agencies that provide transportation services to the public, these agencies are publicly owned and operated. 1.10 "Parties"- means representatives from all signatory agencies to this Agreement.

1.11 "Transportation Control Measures" (TCMs) --are strategies that are specifically identified and committedto in State Implementation Plans (SIPs); and are either listed in Section 108 ofthe Clean Air Act (CAA), or will reduce transportationrelated emissions byreducing vehicle use or improving traffic flow 1.12 All other terms used herein but not defined in this Agreement shall have the meaning given to them bythe CAA, Title 23 and 49 U.S.C. 40 CFR 93.101, other USEPAregulations, other USDOT regulations, or 15A NCAC 2D.



### 2.0 DUTIES OF THE PARTIES The roles and responsibilities ofeach Party are definedbelow. 2.0.1 EachParty member shall determine which staffmembers will represent the Party in the conformity process and shall take responsibility to see that the appropriate representatives are available to ensure a cooperative process and adequate communication among the Parties. Each Party shall choose its representative(s) and at least one alternate staffperson for interagency consultation andprovide their names and contact information to NCDENR. Itis the responsibility ofeach Party to notify NCDENR ofchanges in their appointed designee(s) or contact(s).

32.0.2 All Parties shall review and provide comments to the MPO on draft LRTPs, TIPs, and conformity analyses. All Parties shall review and provide comments to NCDENR on draft SIP submissions. All Parties shall review and provide comments to NCDOT and/or local project sponsors onproject-level conformity determination prepared during the National Environmental Policy Act (NEPA) process for FHW A/FTAprojects located inthe MPOjurisdiction. Parties shall provide their written review comments, ifany, to these agencies within twentyone (21) days ofreceipt ofdraft documents unless an alternate deadline has been agreed upon at an interagency consultation meeting. The MPO, NCDENR, or NCDOT, as appropriate, shall respond in writing to all Parties to explain how comments were addressed or why they were not addressed inthe subsequent version ofthe document that is distributed to all Parties. 

### 2.1 MPO DUTIES 2.1.1 The MPO, or its designee, shall sponsor the Interagency Consultation Conformity DeterminationMeetings and prepare meeting agendas and meeting materials required for fulfillment ofconsultationprocedures outlined inthis Agreement. Any adjacent MPO will be invited to this meeting for purposes ofcoordination and consultation. 2.1.2 The MPO, or its designee, shall prepare meeting summaries and conclusions ofsaid Interagency Consultation Conformity Determination Meetings and other appropriate meetings it sponsors. The MPO, or its designee, shall provide meeting summaries and conclusions to all Parties within a time manner not to exceed 14 days after the meeting. The other Parties may provide comments on meeting summaries/conclusions to the MPO within a time manner not to exceed 14 days, copying other Parties. The MPO, or its designee, shall respond to comments from Parties in writing in a time manner not to exceed 14 days ofreceiving comments. The MPO'sresponse to comments shall be distributed to all Parties. 2.1.3 The MPO shall consult withthe Parties onthe development process for LRTPs, TIPs and amendments thereto. This process will begin no later than one yearprior to when the conformity determination is needed. 2.1.4 Notification ofthe LRTP and TIP revisions and amendments that add or delete non-exempt projects. 2.1.5 Before the MPO conducts conformity analyses and determinations, as initiatedunder the terms and conditions ofthis Agreement, the MPO, or its designee, shall initiate and facilitate an Interagency Consultation Conformity DeterminationMeeting with all Parties onproposed procedures andprotocol for conducting andperforming conformity analysis prior to making a conformity determination. This meeting will take place not later than one yearpriorto when the conformity determination is needed.

42.1.6 The MPO, or its designee, shall provide information requested by other Parties to track the implementation oftransportation control measures funded by the MPO, or local municipalities, and included in the SIP bythe dates agreed to in the Interagency Consultation Conformity Determination Meeting. 2.1.7 The MPO shall be responsible for development and maintenance ofthe travel demand model for the MPO area in consultation with the Parties. The MPO may delegate such responsibility to a thirdparty through an agreement with NCDOT and/or neighboring MPOs and associated transportation agencies to develop a regional travel demand model. Any Party delegating responsibility to a thirdparty shall notify the thirdparty, in writing, that all documentation is subject to the applicable public records law. Responsibility for development and maintenance ofa regional travel demand model should be established through a separate memorandum ofagreementbetweenthe affected MPOs, NCDOT, and associated transportation agencies. 2.1.8 Upon written request by the Parties, the MPO, or its designee, shall provide all Parties with available travel data needed to determine various transportation emissions budgets, ifthey are responsible for this data. 2.1.9 The MPO, or its designee, shall assistNCDENR and NCDOT ifneeded for modifications or revisions to the SIP, which includes the assessment of effectiveness ofexisting Transportation Control Measures (TCMs) and implementation ofpotential TCMs for inclusion in the SIP, and providing critical input to the SIP developmentprocess, such as vehicle miles traveled (VMT) and speed assumptions for various road classifications. 2.1.10 The MPO, or its designee, shall submit concurrently, upon completion, a draft and/or final LRTP and/or TIP document and related conformity determination to the NCDOT, NCDENR, and three copies to FHWA (FHW A will coordinate the federal review effort and will forward the documents to FTA and USEPA unless an alternate coordination process is specified through interagency consultation). The MPO shall respond in writing to comments made by the other Parties on draft documents. 2.1.11 The MPO shall maintain procedures for public involvement in the conformity determination process consistent with its adopted Public Involvement Procedures including receiving and responding to public input on conformity findings, consistent with 23 CFR450.316(a) and 40 CFR 93.105(e). 2.1.12 The MPO, or its designee, shall submit a written request for emission factors required for conformity determination from NCDENR or its designee. 2.1.13 Enforceability ofDesign Concept and Scope and Project-Level Mitigation and Control Measures

52.1.13.1 Prior to making a conformity determination on the LRTP and/or TIP, the MPO will ensure any project level mitigation or control measures are included in the project design concept and scope and are appropriately identified in the regional emissions analysis used in the conformity analysis. 2.1.13.2 The MPO shall fulfill commitments made for mitigation measures that were required for facilitating positive conformity determinations. 2.1.13.3 Written commitments to mitigation measures must be obtained prior to a positive conformity determination, andproject sponsors and/or operators must comply with the agreed upon commitment obligations (in accordance with 40 CFR 93 .122(a)(4)(ii)). 

### 2.2 NCDENRDUTIES 2.2.1 NCDENR shall maintain a list ofcurrent interagency consultation members and distribute it to all members whenever a change in membership occurs. 2.2.2 NCDENR shall participate in the Interagency Consultation Conformity DeterminationMeetings, sponsor the SICM meeting, and other appropriate committees/meetings established to advise the Parties on SIP and emissions control strategies and programs particularly as these relate to transportation issues. 2.2.3 NCDENR shall participate in consultations with the Parties regarding the development process for LRTPs, TIPs and amendments thereto. 2.2.4 NCDENR shall participate in the development and review of transportation system and emissions modeling activities and projection procedures to ensure consistency ofair quality and transportation system evaluation. 2.2.5 NCDENR shall ensure the SIP is developed using appropriate emissions and control measures. NCDENR is to develop the applicable motor vehicle emission budgets in consultation with the Parties to ensure that accurate and up-to-date data assumptions are being used at the initial phases ofthe development ofthe SIP by the deadline established by NCDENR during the consultationprocess. NCDENR shall update the SIP consistent with Federal CAA requirements. 2.2.6 NCDENR shall provide applicable transportation-related emission budgets and revisions to the NCDOT, MPO, and USDOT (FHWA and FTA).

62.2.7 NCDENR shall keep the Parties apprised ofits SIP revision submittals and USEPA's approval thereofand provide for and respond in writing to comments made by the MPO andNCDOT and the other Parties in transportation-related SIP development processes. 2.2.8 NCDENR shall obtain MPO and NCDOT approval for the inclusion of transportation related TCMs (for any TCM funded bythe federal and state transportation budgets or local funds and where the implementing agency is the MPO) in the SIP. 2.2.9 NCDENR shall provide a list ofTCMs included in the SIP as well as their SIP implementation schedules at the Interagency Consultation Conformity Determination Meeting. 2.2.10 Upon initiating a modification orrevision to the SIP, NCDENR shall consult withNCDOT and the MPO, which will include the assessment of effectiveness ofexisting TCMs and implementation ofpotential TCMs for inclusion in the SIP. Additionally, NCDENR will consult with NCDOT and the MPO about what critical transportation related inputs for the SIP development process should be used, such as VMT and speed assumptions for various road classifications. A draft version ofthe SIP will be shared with the Parties, at a minimum, 30 days prior to the end ofthe public commentperiod. 2.2.11 NCDENR shall consult and review project narratives provided by NCDOT or appropriate project sponsor to determine ifthe project is an air quality concern for particulate matter based on 40 CFR 93. 2.2.12 NCDENR, at the written request ofNCDOT or the MPO, shall provide appropriate emission factors to NCDOT or the MPO for completion ofthe conformity analysis. NCDENR shall provide a schedule for completion of work within two (2) business days ofthe written request. NCDENR shall consult withNCDOT and/or the MPO for the availability and appropriate use oflocal data in the latest EPA-approved emissions model. 2.2.13 NCDENR shall review andprovide comments to the MPO on draft conformity analyses. NCDENR shall provide timely review comments to the MPO within twenty-one (21) days ofreceipt for inclusion in the final report in accordance with the terms and conditions ofthis Agreement.



### 72.3 NCDOT DUTIES 2.3.1 NCDOT shall participate inthe SICM, Interagency Consultation ConformityDetermination Meeting(s) and other appropriate committees/meetings establishedto discuss with the Parties on the development ofa revised statewide transportation plan, including programs andprojects. 2.3.2 NCDOT shall consult with the Parties to develop the STIP and amendments thereto. Furthermore, NCDOT shall keep the Parties apprised ofthe status and content ofstatewide transportation plans and the STIP. 2.3.3 NCDOT shall consult with the Parties to develop LRTPs, TIPs and amendments thereto by the dates agreed to in the Interagency Consultation ConformityDetermination Meeting. 2.3.4 NCDOT shall participate in the development andreview oftransportation system emissions modeling activities andprojectionprocedures to ensure consistency ofair quality and transportation system evaluation. 2.3.5 NCDOT shall review andprovide comments to the MPO on draft conformity analyses by the dates agreedupon in the Interagency Consultation Conformity Determination Meeting unless NCDOT has authored said conformity analysis report. 2.3.6 NCDOT shall also provide informationrequested by other Parties to track the implementation ofTCMs included inthe SIP by the dates agreed to in the Interagency Consultation Conformity DeterminationMeeting. 2.3.7 NCDOT shall assist NCDENR and the MPOs as needed for modifications orrevisions to the SIP, which will include the assessment ofeffectiveness ofexisting TCMs and implementation ofpotential TCMs for inclusion in the SIP. 2.3.8 NCDOT shall conductproject level conformity analysis for NCDOT sponsoredprojects as part ofthe NEPAprocess for FHW A/PTA projects located in the MPO boundary. 2.3.9 Enforceability ofDesign Concept and Scope and Project-Level Mitigation and ControlMeasures 2.3.9.1 The NCDOT shall obtain written commitments from the project sponsor and/or operatorto fulfill and complete all ofthe projects and operations identifiedbythe project-level National Environmental PolicyAct (NEPA) mitigation or control measures withrespect to local hot spot analysis 2.3.9.2 The NCDOT shall fulfill commitments made for mitigation measures that were required for facilitating positive conformity determinations.

82.3.9.3 Written commitments to mitigation measures must be obtained prior to a positive conformity determination, and project sponsors and/or operators must comply with the agreed upon commitment obligations. 

### 2.4 FHWA and FTA (USDOT) DUTIES 2.4.1 FHW A and FTA shall consult with the Parties regarding the SICM, the Interagency Consultation Conformity DeterminationMeetings and other appropriate committees/meetings established to advise the Parties on the development oftransportationplans, programs andprojects, particularly as these relate to air quality-related issues. 2.4.2 FHW A and FTA shall advise the Parties ofchanges to USDOT technical, regulatory, and policy guidance as it relates to the planning process and conformity. 2.4.3 FHWA and FTA shall assist NCDENR, NCDOT and the MPOs as needed for modifications or revisions to the SIP, which will include the assessment ofeffectiveness ofexisting TCMs and implementation of potential TCMs for inclusion in the SIP. 2.4.4 FHWA and FTA shall assess the MPO's compliance with public participationpolicy and procedures that meet the requirements of23 CFR 450.316(a) and 40 CFR 93.105(e). 2.4.5 FHWA and FTA shall provide written comments to the other Parties concerning both draft and final conformity findings in accordance with the terms ofthis Agreement. The final conformity fmding made byFHW A shall be consistent with the requirements ofthe national conformity memorandum ofunderstanding. 2.4.6 FHW A shall review andprovide timely approval or rejection, in writing, ofthe final conformity determination report bythe MPO ofan amended and/or adopted transportation plan, program or project subject to conformity analysis and determination according to this Agreementby the dates agreed to in the Interagency Consultation Conformity Determination Meetings. 2.4.7 The FHW A will coordinate the federal review effort and will forward copies ofthe draft or final LRTP and/or TIP document and related conformity determination to the FTA and USEPA unless an alternate coordination process is specified through interagency consultation.

92.4.8 In accordance with 40 CFR 93.125(c), prior to making a project-level conformity determination for a transportation project, FHW A must obtain from the project sponsor and/or operatorwritten commitments, as defined in 40 CFR 93.101, to implement any project-level mitigation orcontrol measures in the construction or operation ofthe project identified as conditions for NEPA process completion. The written commitments to implement those project-level mitigation or control measures must be fulfilled by the appropriate entities. 2.4.9 FHW A shall be responsible for final approval orrejection ofproject level conformity determinations on FHWA projects. 

### 2.5 USEPA DUTIES 2.5.1 USEPA shall participate in the SICM, the Interagency Consultation ConformityDeterminationMeetings and other appropriate committees/meetings established to advise the Parties on the development oftransportation plans, programs andprojects, particularly as these relate to air quality-related issues. 2.5.2 USEPA shall, in a timely fashion, advise the Parties ofchanges to USEPA policy, regulation, and guidance related to air quality and conformity. 2.5.3 USEPA shall review and comment, in writing to FHWA and the MPO, on draft and final conformity analyses in accordance with the terms ofthis Agreement and consistent with the requirements ofthe national conformity memorandum ofunderstanding within twenty-one (21) days of receipt. 2.5.4 USEPA shall assist NCDENR, NCDOT and the MPOs as needed for modifications or revisions to the SIP, which will include the assessment of effectiveness ofexisting TCMs and implementation ofpotential TCMs for inclusion in the SIP. 2.5.5 USEPA shall review the adequacy ofthe Motor Vehicle Emissions Budgets, and determine the approvability determination ofsubmitted SIPs, including the Conformity SIP (the subject ofthis MOA) and any subsequentrevisions, and ofcontrol strategy SIPs and any revisions. USEPA's determination ofapprovability shall be published in the Federal Register. 2.5.6 USEPA shall be consulted with and will review compliance for hotspot requirements relatedto individual FHW A/FTAprojects and provide comment in writing.

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### 3.0 CONTENT AND SUBMISSION OF TRANSPORTATION PLANS, PROGRAMS AND PROJECTS 3.1 CONTENT AND DESIGN The LRTP/TIP, programs and/or projects to be analyzed for conformity shall meet the requirements ofthe current federal transportation authorizing legislation, and the most current USDOT and USEPA regulations. At the time that a new or revised transportation plan is proposed, the MPO, in cooperation with NCDOT and local transportation planning agencies, shall prepare a list ofnew or modified transportation projects and services included in the transportation plan and identify the time frame each new project or service is expectedto become operational. 

### 3.2 PUBLIC PARTICIPATION Conformity determinations for LRTP and Transportation ImprovementProgram (TIPs) shall follow the specific public involvementprocess establishedbythe MPO, consistent with the requirements of23 CFR Part 450, whichprovides opportunity for public review and commentpriorto formal action on a conformity determination. The public review must provide reasonable public access to technical and policy information considered by the affectedparties in making the conformity determination. Conformity determinations in rural portions ofnonattainment and maintenance areas outside and adjacent to the MPO boundaries shall follow the specific public involvement process establishedbyNCDOT, consistent with the requirements of23 CFRPart450, whichprovides opportunity for public review and comment prior to formal action to update the STIP. Any charges imposed for public review and copying should be consistent with applicable fee schedules including butnot limited to 49 CFR 7.43 andN.C.G.S. §132-6.2.



### 4.0 STATEWIDE INTERAGENCY CONSULTATION MEETINGS NCDENR shall sponsor a SICM meeting on a regularbasis for the purpose ofkeeping all Parties and all MPOs abreast ofnew information concerning transportation planning generally and as it relates to conformity analysis and determination. 

### 4.1 MEETING FREQUENCY SICM shall be held monthly unless otherwise agreed uponby all Parties. Meeting dates shall be determined byNCDENR after consultation with the Parties. The meeting shall consist ofupdates and otherpertinent informationprovidedby each Party.

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### 4.2 SPECIAL MEETINGS IfNCDENR determines, in consultation with other Parties, a need for an unscheduled Statewide Interagency Consulting Meeting and there is a consensus among the Parties to have an unscheduled meeting, NCDENRmustprovide prior notice to all Parties, at least fourteen (14) days in advance ofthe meeting. However, the Parties may waive the fourteen (14) day advance notice requirement ifall Parties agree that an earlier scheduled meeting is in the best interest ofthe Parties. 

### 4.3 MEETING LOCATION AND AGENDA The SICM meeting location shall be determined basedupon convenience and agreement by the Parties. NCDENR shall provide all Parties, including all Statewide MPOs, advanced notice ofthe meeting time, location and agenda. Ifnecessary and convenient, the SICM meeting need not be a face-to-face meeting butmay occurby telephone, video or some otherpractical electronic means. 

### 4.4 DISCUSSION OF SIP RELATED ISSUES NCDENR shall use the SICM meeting as an opportunity to update the Parties on SIPs under development and SIP revisions submitted to USEPA. NCDENR shall allow the Parties to review and comment ontransportation-related SIP issues and respond to said comments. See Section 2.0.2 for the general process for commenting and responding to comments. 

### INITIATING CONFORMITYDETERMINATIONS ORANALYSIS The Parties shall make conformity determinations and consultations consistent with this Agreement and in accordance with the conditions described in 40 CFR Part 93 for LRTPs, TIPs and FHW A/FTA projects. 

### 4.5 EXEMPTIONS TO CONFORMITYDETERMINATIONS 4.5.1 Notification ofExempt Status Required-- The MPO shall notify the Parties ofadoption or approval ofprojects determined to be exempt by the MPO and provide a basis for such exempt status. Notificationby the MPO shall also be made when the LR TP orTIP is revised to add or delete exempt projects as defined in 40 CFR 93.126, 93.127, and 93.128. Notification ofdeletedprojects does not have to be made prior to an MPO action. 4.5.2 Objection to Exempt Determination-- Ifthe Parties disagree with the MPO's finding that the amendment to the LRTP or TIP contains only exemptprojects, the objecting Party shall notify all Parties in writing. See section 9.0 for conflictresolution procedures.

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### 5.0 INTERAGENCY CONSULTATION CONFORMITYDETERMINATION MEETING When the need for conformity analysis and determination is initiated in accordance with this Agreement and aforementioned regulations, the MPO, or its designee, shall call an Interagency Consultation Conformity DeterminationMeeting to which all Parties ofthis Agreement shall be invited bythe MPO, or its designee

.. The Interagency Consultation Conformity Determination Meeting shall be held prior to performing any conformity analysis or determination and shall address the specific processes outlined in 40 CFR 93.105(c). The purpose is to coordinate early with the Parties on information regarding the choice ofsome majorparameters ofthe conformity analysis and to determine the schedule ofpreparation and review ofthe analysis. All ofthe information agreedupon by the Parties will be documented in the pre-analysis plan. Ifduring the meeting a conflict arises, the Parties shall follow the conflictresolution procedures as outlined in Section 9.0 ofthis document. 

### 5.1 NOTICE OF MEETING The MPO, or its designee, shall provide at least fourteen (14) days prior written notice to the Parties that an Interagency Consultation Conformity Determination Meeting has been scheduled. Said prior notice shall also be given to local transportation providers representedbythe MPO. However, the Parties may waive the fourteen (14) day advance notice requirement ifall Parties agree that an earlier scheduled meeting is in the best interest ofthe Parties.



### 5.2 MEETING PLACE, TIME AND AGENDA The meeting shall be scheduled at a time and location that allows representatives from the Parties to participate. The MPO, or its designee, shall distribute to the Parties draft agenda and meeting materials at least five (5) business days prior to the meeting. The Parties shall have the opportunity to add agenda items andwill be responsible for presenting them. Ifit is agreed among the Parties that additional meetings are required the MPO, or its designee, may schedule such additional meetings. Attendance at the Interagency Consultation Conformity Determination Meeting maybe by telephone or teleconference so long as all the Parties agree. Ifsome Parties are unable to attend the Interagency Consultation Conformity DeterminationMeeting(s), the MPO or its designee shall consider whether meaningful consensus can be reached with the available Parties. Ifthe MPO or its designee determines the overall Party representation to be adequate, it shall document the meeting and provide all Parties with a summary of the important discussions and conclusions.

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### 5.3 CONSULTATION ON CONFORMITYANALYSIS APPROACH The MPO, or its designee, shall outline, in the pre-analysis plan, the proposed methodologies to be used in the conformity analysis and share the pre-analysis plan with the Parties for comment at least 7 days priorto the meeting unless otherwise agreedupon by all Parties. 5.3.1 Interagency Consultation Procedures-- The issues listed in 40 CFR 93.105 (c) shall be reviewed and discussed at this meeting, including but not limited to, the following activities: 5.3.1.1 Evaluating and choosing an appropriate model (or models) and associated methods and assumptions to be used inhot-spot analyses and regional emissions analyses; 5.3.1.2 Determining which minor arterial and other transportation projects should be considered Regionally Significant Projects for the purpose ofregional emissions analysis (in addition to those functionally classified as principal arterials or higher or fixed guideway systems or extensions that offer an alternative to regional highway travel); 5.3.1.3 Evaluating whether projects otherwise exempted from meeting the requirements of40 CFR 93.126 and 93.127 should be treated as non-exempt in cases where potential adverse emissions impacts may exist; 5.3.1.4 Discussing whether or not adopted TCMs are on schedule and performing as anticipated, as required by 40 CFR 93.113. If TCMs are not on schedule, Parties shall discuss whether 40 CFR 93.113(c)(1) canbe met and what will occur if40 CFR 93.113(c)(1) cannotbe met; 5.3 .1.5 Choosing conformity tests andmethodologies for areas outside the MPO boundarybut within the nonattainment or maintenance area as required by 93.109(1)(2)(iii); 5.3.1.6 Consulting on emissions analysis for transportation activities which cross MPO, nonattainment area or air basinboundaries; 5.3 .1.7 Forthe metropolitan planning area that does not include the entire nonattainment or maintenance area, the MPO and NCDOT will work to provide cooperative planning and analysis for the purposes ofdetermining conformity ofall projects outside the metropolitan area and within the nonattainment ormaintenance area through interagency consultation meetings;

145.3.1.8 Ensuring that plans for construction ofRSPs, that are not FHW A/FTA projects, are disclosed to the MPO on a regular basis and any changes to those plans disclosed in writing to the MPO; 5.3.1.9 NCDOT and the MPO, or its designee, will consult on the design, schedule and funding ofresearch and data collection efforts and regional transportation model development through interagency consultation meetings; 5.3.1.10 As defined in Section 2.1.10, the MPO, orits designee will provide final documents and supporting information to each applicable Party after adoption or approval; 5.3.1.11 Latest planning assumptions for developing emission factors for the conformity analysis; 5.3.1.12 Projects without a determined design concept and scope shall be discussed at the Interagency Consultation; and 5.3.1.13 Parties must agree on sufficient details ofthe design concept and scope for the project to be included in the conformity analysis and determination. 5.3.2 TCMAnalysis and Implementation-- The Interagency Consultation Conformity Determination Meeting shall be used for assuring implementation ofTCMs, which shall be ajointresponsibility of NCDENR, the MPO and NCDOT. NCDENR shall submit (at the Interagency Consultation Conformity DeterminationMeeting) a list ofthe TCMs, which are in the applicable implementationplan and their SIP schedules, to be included in the LRTP or TIP. 5.3.3 Scheduling Implementation-- The MPO or its designee shall provide a list oftransportation system elements from the most recent conforming LRTP for inclusion in the current TIP to be completed in the time frame established in the LRTP. NCDENR or its designee (at the request ofthe MPO) shall provide the emission factors to the MPO within a time agreed upon during the interagency consultations and to allow the MPO sufficient time to complete the conformity analysis on schedule. Additional meetings to address schedule changes ormodifications shall be scheduled as needed. Due to the difficulty in assembling all Parties at one time, subsequent meetings may involve various subsets ofthe larger group. However, pertinent information discussed in these sub-meetings shall be shared with the other Parties as defined in Section 2.1.2.

155.3.4 TIP Conformity Analysis and Determination-- The MPO shall also discuss the TIP as itrelates to conformity-related issues. Ifthe TIP is a subset ofa currently conforming LRTP, the discussion ofthe TIP conformity analysis and determination may be made via e-mail or postal mail unless a Party member identifies sufficient reasons for including such discussions in a scheduled face-to-face meeting. Ife-mail or postal mail is used, the MPO shall outline the manner in which the upcoming TIP conformity determination is to be carried out. The MPO shall inform the Parties ofany proposed changes in procedure from the last TIP Conformity Analysis and Determination. The review and commenting procedures are outlined in Section 2.0.2.



### 6.0 CONFORMITYANALYSIS RESULTS AND REPORTING The draft conformity analysis report shall be circulated to the Parties defined during the Interagency Consultation Conformity DeterminationMeeting for theirreview prior to releasing said draft report for public review as requiredbyTitle 15A N.C.A.C. 2D. 2003. After the Parties' twenty-one (21) day review period, orreview period agreed uponby all Parties, the MPO shall provide public review and comments ofthe draft report in accordance with the MPO's public participationpolicies and procedures. The MPO shall not make conformity determination or plan adoption or approval until after the agency review is completed orthe required review periodhas ended and after public participation. 

### 6.1 DOCUMENTATION OF CONFORMITY ANALYSIS The conformity analysis shall document all assumptions and relevant information used to determine the impact ofthe LRTP, TIP or FHWA/FTA project on travel and emissions in the region. Contents ofthe Regional Conformity Analysis Report

-- The conformity analysis report shall include, but not be limited to, following documentation: 6.1.1 Forecasts ofpopulation, household and employment in the analysis shall be either mentioned or referenced in report; 6.1.2 Inputs used to develop emissions factors and emission factors used; and 6.1.3 VMT and average speed for each federal functional classification. 

### 6.2 COMMENTS BY THE PARTIES AND THE PUBLIC The Parties may comment upon the analysis results after receiving the results ofthe draft conformity analysis and report. The results shall also be made available to the public for review and comment in accordance with the MPO's public participationpolicy and procedures and 23 CPR450.316(a) and 40 CPR 93.105(e).

166.2.1 Evaluation ofComments from the Public-- After the completion ofthe public comment period, the comments received from the public on the conformity analysis, shall be addressed in the final report andmaybe raised in an additional meeting between the Parties. Comments maybe addressed individually or in summary form at the discretion ofthe MPO. 6.2.2 Evaluation ofComments from the Parties

-- Ifthe Parties disagree with the conclusions ofthe analysis, the MPO shall convene a meeting or consult with the Parties via an electronic communication means (telephone, teleconference, e-mail, etc.) ifagreed to bythe Parties, to consider and discuss the comments and determine whether further conformity-related analysis is needed.



### 7.0 CONFORMITYDETERMINATION ADOPTED BYMPO RESOLUTION The MPO maymake a conformity determination and approval/adoption ofthe LRTP, TIP, RSP or applicable transit project after addressing conformity related objections and concerns raisedbyboth the public and the Parties. 

### 7.1 NOTIFICATION OF MPO RESOLUTION The MPO shall provide FHW A andNCDOT with written notification ofa conformity determination by MPO resolution withinthe time period agreedupon during interagency consultation meetings. The MPO shall include, along with the notification, a copy ofthe final conformity analysis andreport. FHW A will beresponsible for distribution ofthe final conformity analysis andreport to the USEPA and FTA for formal review. 

### 7.2 NCDENR OBJECTION TO CONFORMITYDETERMINATION IfNCDENR objects to the MPO's conformity determination, NCDENRmay appeal the MPO determination within fourteen (14) days ofreceiving notification ofthe MPO's determination. The appeal process andprocedure to be followed shallbe in accordance with the Conflict Resolution section ofthis Agreement. Notwithstanding NCDENR's right ofappeal, NCDENRmay waive its right to object, in writing, at any time during the fourteen (14) day appeal period. 7.3 

### USDOT REJECTION OF CONFORMITYDETERMINATION USDOT may reject the MPO determination within forty-five (45) days ofreceiving notification ofthe MPO's determination. The MPO may appeal the rejection to the Secretary ofthe USDOT. Ifno written approval orrejection has beenreceived from USDOT after forty-five (45) days, the Secretary ofNCDOT, the Chairperson ofthe MPO orthe Secretary ofNCDENRmayprovide a writtenrequest ofreview bythe Secretary of the USDOT seeking a resolution among the FHW A and FT A. The rejection of conformity determination and appeal procedure and process shall be in accordance with the Conflict Resolution section ofthis Agreement.

17

### 8.0 CONFLICT RESOLUTION The purpose ofthis Agreement is to ensure thatnecessary conformity analyses and determinations are made efficiently and with limited conflict. The Parties believe this Agreement establishes a means andprotocol for consultation and document review that will avoid conflicts and disagreements among the Parties regarding final conformity determinations. Nevertheless, a means must be established to address the possibility that certain conflicts may arise that cannot be resolved among the designated representatives ofthe Parties. Itis the purpose ofthis section to address such situations. 

### 8.1 RESOLUTION OF CONFLICTS AT THE STATE LEVEL 8.1.1 Conflicts Arising Prior to Conformity Determination

-- Any conflict or disagreement betweenNCDOT, NCDENR and the MPO causing a lack of consensus among the state Parties as to acceptance ofMPO conformity analysis may be resolved in the manner described below. IfNCDOT or NCDENR objects to the proposed conformity analysis prior to the MPO making a conformity determination byresolution, the issue maybe resolvedbythe following procedure: 8.1.1.1 Level I Resolution --Afterthe objecting Party gives five (5) days written notice to the other Party members explaining the reasons for objection, each stafflevel Party member shall forward written objections to the Level I Resolution Negotiators who are defined as follows: NCDOT

-- the Transportation Planning BranchManager NCDENR

-- the Division ofAir Quality Director MPO --the Chair ofTechnical Coordinating Committee or his or her designee. The Level I Resolutionnegotiators shall have five (5) business days, from notice, to resolve the matterby mutually agreed upon meeting forum, including, butnot limited to, face-to-face meetings, telephone and e-mail. 8.1.1.2 Level II Resolution

- Ifthe Level I Resolution Negotiators are unable to resolve the dispute, it maybe raised to Level II Resolution negotiators who are defined as follows: NCDOT --The Secretary ofthe NCDOT NCDENR --The Secretary ofNCDENR MPO

-- the Chair ofthe MPO or his/her designee. The Level II Resolution Negotiators shall have ten (10) business days to resolve the matter by mutually agreed upon meeting forum, including, butnot limited to face-to-face meetings, telephone and e-mail.

18

### 9.1.1.2 

### Level II Resolution

- Ifthe Level I ResolutionNegotiators are unable to resolve the dispute, it may be raised to Level II Resolution negotiators who are defined as follows: NCDOT --The Secretary ofthe NCDOT NCDENR

-- The Secretary ofNCDENR MPO

-- the Chair ofthe MPO orhis/her designee. The Level II ResolutionNegotiators shall have ten (10) business days to resolve the matterby mutually agreed uponmeeting forum, including, but not limitedto face-to-face meetings, telephone and e-mail. 9.1.2 Conflicts Arising AfterMPO Regional ConformityDetermination-- After the MPO has made its conformity determinationbyresolution and adoption/approval, NCDENRmay appeal said conformity determination byresolution and adoption/approval to the Governor ofNorth Carolina within fourteen (14) days ofconfirmationthatNCDENRreceived notice. IfNCDENRappeals to the Governor, the final conformity analysis and determinationmusthave the concurrence ofthe Governor ofNorth Carolina. NCDENR shall provide written notice ofappeal underthis subsectionto the Chairperson ofthe MPO, the Secretary ofNCDOT, the FHWANorth CarolinaDivisionAdministrator, and the USEPA and FTA Region 4 Administrators. NotwithstandingNCDENR's right ofappeal, if NCDENR supports the final conformity determination, NCDENRmay voluntarily waive its right ofappeal, inwriting. 9.1.2.1 

### Resolution ofNCDENRAppeal

-- The Governor may delegate his or her role inthis appeals process to another official or agency withinthe State, but notto the head or staffofNCDENR, NCDOT, MPO, the North CarolinaBoard ofTransportation, or any agency that has responsibility for any one ofthese functions. Ifthe NCDENR does not appeal to the Governor within fourteen (14) days ofthe MPO's notification ofconformity onthe LRTP or TIP the MPO may continue submission ofits conformity determinationto USDOT for their final review and conformity determination. The MPO does not have to make conformity determinations onprojects. 

### 9.2 RESOLUTION OF CONFLICTS AT THE FEDERAL LEVEL It

### is the affirmative responsibility ofFHW A and FTAto raise issues priorto the end of any agreed uponreviewperiod. IfFHW A or FTA determines there is a significant issue, it is that agency's affirmative responsibilityto arrange a meeting withthe Parties to resolve the issue priorto writing negative comments or finding thatthe LRTP or TIP in question does not conform to the intent ofthe North Carolina SIP.

19

### If, after the fourteen (14) daypriornotice ofthe MPO's final conformity determination by resolution and approval/adoption, NCDENRhas not appealed said fmal conformity determination (or waived it's right to appeal earlier), FHWA and FTAmayprovide written approval orrejection ofthe final conformity determination within forty-five (45) days ofnotice offinal conformity determination. 9.2.1 Consensus Among Federal Agencies-- If, withinthe forty-five (45) day periodthe FHW A and FT A are in disagreement over the approval or rejection ofthe conformity determination, the FHWA and FTAmay escalate the conflict among theirrespective agencies in an attempt to resolve the issue withinthe forty-five (45) days time period. 9.2.2 Rejectionbythe Federal Agencies-- Ifthe FHWA and FTArejectthe conformity determination, the MPO, NCDOT orNCDENRmay appeal said rejection to the Secretary ofUSDOT. 9.2.3 No Action after Forty-Five (45) Days-- Ifafter forty-five (45) days, no written approval orrejectionhas beenprovided from FHWA and FTA, the Secretary ofNCDOT, the Chairperson ofthe MPO orthe Secretary of NCDENRmayprovide a writtenrequest ofreviewbythe Secretary ofthe USDOT seeking a resolution among the FHW A and FT A.



### 10.0 MODIFICATIONS OF AGREEMENT The Parties maypropose revision(s) to this MOA, and request that Parties meetto consider such a revision. A change induties will require this MOAto be reviewed.



### 11.0 TERMINATION OF AGREEMENT 11.1 TERMINATION AND RENEWAL The natural term ofthis MOA is five (5) years from the date ofexecution. The MOA will be reviewed to ensure it reflects the currenttransportation conformity regulationrequirements and all parties consulted before the MOA is renewed every five (5) years. Ifa Party desires to re-negotiate a new agreement, the canceling Partymust provide written notice to all other Parties at least six (6) months prior. Inthe eventthat a Party seeks to renegotiate the MOA and an agreement onthe new MOA is not reachedpriorto the expiration ofthe 5-year term, the previous MOA will remain in effectuntil such time as a new agreement is approved by all Parties and formally adopted into the SIP.



### 2012.0 SAVINGS PROVISIONS AND OTHER 12.1 This MOA does not change any ofthe requirements and obligations contained in any existing law orregulation, including but not limited to Clean Air Act, transportation conformity regulations (40 CFR Parts 51 and 93), National Environmental Policy Act (NEPA), orthe North Carolina Administrative Code at 15ANCAC. In the event ofconflictbetween the provisions ofthis agreement and an existing regulatory provision, the regulatory provision shallprevail. 12.2 Upon its executionbythe Parties this MOA supersedes any and all previous agreements betweenthe signatories with respect to matters addressed herein. 12.3 This MOA does not create any, nor does it affect any existing, administrative orjudicialright ofthe Parties. 12.4 Ifany provision ofthis MOA is rendered or declared invalidby any fmal court action or decree, orbyreason ofpreemptive legislation, the remaining sections ofthis MOA shall remain in full force and effect for the duration ofthe MOA. 12.5 Unless otherwise specified, in computing any period oftime prescribed or allowed inthis MOA, Rule 6 "Time" ofthe North Carolina Rules ofCivil Procedure shall apply.

21IN WITNESS WHEREOF, the Parties have executed this AGREEMENT onthis the 

### C!th day of 

## F e.brvoJ\{ ,2011. MPO

## By:**~f-'---A-~~ Name:** **J,tA.** 

### E. Lo,velle Title: 

### TAC 

## C ha.. tr

22

### IN WITNru WHEREOF, the Parties have executed this AGREEMENT on 

### this the 

# l dayof

## ~ ,2011. 

### NCDOT By

# t( 

# !L-t

Name 

# busene

# A. Q:uh•**Tiue Jec~**  

# DP**llamfb~ .:l"** 

23

### IN**WITNI~~--** 

### WHEREOF, 

### the Parties have executed this AGREEMENT on 

### this the 

# !2 day of

### c)o,y\IJ..~fLJ 

## ,2011.

### NCDE~.-J R4

### 'LJ~&tl By:

__________ _

# Name~e!E_ 

# A,**\=r~e(~'-.o..v~** Title/5ecr-e-tos·y 

### 1 

## Nc_])EN\2._

24

### IN WITNESS WHEREOF,the arties have executed this AGREEMENT on this The

### ~ day of 2013. · 

### USEPA

## ~ .

# ~~r 

# ..**~n-ct** Name: Gwendolyn Keyes Fleming Title: Regional Administrator

25

### IN WITNESS WHEREOF, 

### the Parties have executed this AGREEMENT on this the

### ~~nd dayof 

# Mar& ,2011. FHWA

# By**?¥4~~** Name: John F. Sullivan III, 

### P

.E

. Title: FHWA NC Division Administrator



### 26

### IN**WITN~~S** 

### WHEREOF, the Partiphave executedthis AGREEMENT onthis the 

## JD-· day of 

# /-\=\>5"' \ ,2011. 

### FTA 

### By: Yvette 

### G. Taylor

# N.:e~n~ Title: Regiona 1 Administrator



### 27