### State ofWisconsin DEPARTMENT OF NATURAL RESOURCES 101 S. Webster Street Box 7921 Madison WI 53707-7921 ScottWalker, Governor Cathy Stepp, Secretary Telephone 608-266-2621 FAX 608-267-3579 TTY Access via relay

- 711 DEPT. OF NATURAL RESOURCES



### August 1, 2013 

# AUG 0 

# 7 2013

Dr. Susan Hedman U.S. Environmental ProtectionAgency (EPA)- Region 5 77 WestJacksonBoulevard Mail Code: R-19J Chicago, IL 60604-3507

Subject: Completion ofWisconsin's Transportation ConformityMemorandum ofAgreement (MOA)- State ImplementationPlan (SIP) Obligation

DearRegional AdministratorHedman:
The Bureau ofAirManagement is pleasedto submit ourfinal, signed Transportation ConformityMOA and requests thattheU.S. EPAincorporate this document into Wisconsin's Conformity SIP. The U.S. EPA allowed flexibility in orderthatthe SIP couldbe developed as a staterule, a memorandum ofunderstanding (MOU), or a MOA. Once approved and incorporated into the SIP, theTransportation ConformityMOAgoverns the conformityprocess instead ofthe federal conformityrule for anyprovision included in the SIP. The Transportation ConformityMOAbecame effective onApril22, 2013.
In

### accordance with ss. 285.11(5) and (6), Wis. Stats., and ch. NR401, Wis. Adm. Code, the WDNRcollaborated withthe WisconsinDepartment ofTransportation (WisDOT), the SoutheastRegional Planning Commission (SEWRPC), Bay-LakeRegional PlanningCommission (BLRPC), the U.S. EPA, andthe FederalHighway Administration (FHW A)to develop the TransportationConformityMOA. TheMOAmeets therequirements of CleanAirAct Sections 176(c)(4)(E) and 176(c)(8).
Ifyouhave any questions orcomments onthe final Transportation ConformityMOA, please send themto the attention ofMikeFriedlander at (608) 267-0806 orMichael.Friedlander@wisconsin.gov. Sincerely, 

# /..

..-12 Jl**~ ~**  

### ________________________, ___..___**~ov.l'** 

# o--
---**~---------.** 

### Bart Sponseller, Director Bureau ofAirManagement

cc: Pat Stevens- AD/8, PatTrainer- WisDOT, Michael Leslie- U.S. EPA, DwightMcComb- FHWA, ChristopherHiebert- SEWPRC, JeffAgee-Aguayo

- BLRPC
Attach: FinalTransportation ConformityMemorandum ofAgreement


## RECEIVED 

# AUG 05 

# 2013

U.S. EPA REGION 5 OFFICEOFREGl0NALADMlN1STRATOR

dnr.wi.gov wisconsin.gov 

## Naturally

# WISCONSIN Printed on Recycled Paper' 

### . 2012 

### MJ;;MORANDUM OFAGREEMENT REGARDING DETERMINATION-Or CONFORMITY OFTRANSPORTATION PLANS, PROGRAMS 

### AND. PROJECTS TO STATE IMPLEMENTATION 

### PLANS



### . .

.WHEREAS, Section 176(c) ofthe Clean-Air ActAmendments of 1990, 42 U.S.C.**7~q6** 

### (c), requiresfederally-funded transportation 

### p)ans, programs, and projects that are funded or approved under Title**~3,** United States Code, or the Federal Transit Act to confonn with State and Federal.

## air quality dem0nstr.ation plans; and WHEREAS, on 

### Novembe·r 23, 1993, the Environmental 

### Protection Agency (EPA) promulgated its qriginal regulation, 40 C.F.R. parts 51 and 93, to implement the 

### requirement**th~t** 

### Metropolitan Planning Organizations [MPOs]/State DOTs and 

### FHWNFTA make 

### conformity determinations on transporta,tion plans and 

### transportation improvement programs 

### in nonattainment areas before they are adopted, approved or accepted,.and

# on projects in those areas**bef~re** they are approved orfunded; 

### and WHEREAS, EPA determined that each State should have the flexibility 

### to design a consultation process that 

### will facilitate the development of approaches 

### to maximize both airquality and mobility; and WHEREAS, the validity of 

### a conformity. determination depends 

# on proper consultation 

### procedures and 

### that each 

### State and**particip~tlng** agencies should jointly developtheirown**~gaily** enforceable State conformity

### procedures; and WHEREAS, the preamble to EPA's original regulation stated: "EPA-will accept State conformity procedures .in any 

### form provided the State can demonstrate. to EPA's 

### satisfaction that, as 

## a: matter of $tate 

### law, the State has adequate 

### authority to compel ::ompliance

### with the requirements ofthe State conformity procedures"; and WHEREAS, on June 5, 1995, the State ofWisconsin through its Departments of Transportation (WisDOT) and Natural Resource.s (WDNR) and the affected MP.Os, the Southeastern Wisconsin Regional Planning 

### Commission (SEWRPC) 

### and Bay-Lake 

### Regional Planning Commission (BLRPC), entered into a Memorandum of Agreement [Agreemen1] that is included in 

### an EPA approved Conformity State Implementation Plan {SIP) and to satisfy the requirements ·of the Clean Air Act (CAA), ISTEA, and the ·implementing regulations of EPA and 

### FHWNFTA; an_d WHEREAS, on 

### November 14, 1995, the E:nvironmental Protection Agency (EPA) promulgated' a regulation that adopted minor changes to 40 C.F.R. § 51.420, 51.438 and 51.452 

### that were incorporated into 

### the Agreement on ·December 20, 1996**an~** approved 

### by .EPA as 

## part ofthe Conformity SIP;**an~** WHEREAS, on August 15, 1997, the Environmental Protection Agency (EPA) promulgated a clar{fied, more flexible and streamlined regulation, 40 C.F.R. § 51.390 and Part 93, to give State and Local governments more authority 

### in selecting the performance measures· used as tests of co!lformity and more discretion when a i 

### ·I

### transportation plan does not 

### conform to a 

### SIP, {for 

### example., to allow motor 

### vehicle emissions budgets in 

### a submitted SIP to be 

### used t.o de.termine 

### conformity instead of the "build/no-build" 

### test, and to**all~w** rural areas to choose among several conformity tests to address the time period afterthat co:rered 

### by the SIP); and WHEREAS, on April 10, 1998, the**Stat~** of Wisconsin through its Departments of Transportation 

### (WisDOT) and 

### Natural Resources (WONR) and 

### the affected MPOs, the Southeastern Wisconsin Regional Planning Commission· (SEWRPC) and 

### Bay-Lake Regional. Planning Com11,1ission (BLRPC}, entered into a Memorandum of Agreement 

### [1998 Agreement] that 

### is included 

### in an EPA 

### approved Conformity State Implementation Plan 

### (SIP) and to 

### satisfy the requirements of the Clean 

### Air Act (CAA), ISTEA, and the 

### imp!ementing regulations of EPA and FHWNFTA;· and WHEREAS, the· August 15, 1997 regulations provide that conformity determinations 

### willcontinue as usual in existing nonattainment and maintenance areas for several.years and areas not currently subject to conformity will not start until EPA 

### approves a Wisconsin State Implementation Plan 

### that addresses the new National Ambient Air Quality Standards 

### for ozone (and 

### particulate matter), [Conformity 

### ancl the Proposed NAAOS Revisions, 

### 62 Feel. Reg. 158, Pages**43798~99** 

### (1997)); and WHEREAS, the 

### rules and regulations for 

### a Transportation Conformity State Implementation Plan (SIP) are established in Title 40 CFR Part 93 Determining Conformity ofFederalActions.to State orFederal

### Implementation Plans (referred**t~** hereafter as 

### the "Conformity Rule") 

### Section 

### 105 

### Consultation. The 

### Conformity Rule outlines 

### the criteria for consultation procedures related to transportation conformity. 

### Additional guidance is 

### provided in EPA's January 2009 Guidance for

### Developing Transportation ContormUy State Implementation Plans, and EPA's January 2009 Guidance for Implementing the Clean Air.Act Ser;tlon 176(c)(8) Transportation Control

### Measwe Substitution andAddition Provision.-

- WHEREAS, The Clean Air Act s: 176{c)(4)(E) as 

### amended by the Safe,

. Accountable, Fl_exlble, Efficient 

### Transportation Equity Act**(SAFETEA~LU),** (August, 2005), significantly streamlined the requirements forstate conformity SIPs. Clean Air Act s. 

### i 76(o)(4)(E) and 40 GFR s. 51.390(b) ofthe conformity rule now require states to submit conformity SIPS that address only th.e toll9Wing provisions 

### of the 

### federal
·- conformity rule: a) 40 CFR s. 93.105 

### which addresses consultation procedures; b) 40 CFR 93.122{a)(4)(ii) 

### which states that conformity SIPs must require that written

. commitments to control measures be obtained prior to conformity 

### d'etermlnation 

### if the

control measures are not 

### included in the metropolitan planning organization's transportation plan 

### and transportation improvement program; and c) 40 CFR s. 93.i25(c) which states that conformity SIPs must require that 

### written commitments to mitigation measures

## be obtained priorto project level conformity determination, and that projectsponsors comply 

### with such commitments; and WHEREAS, Transportation Planning regulations at 23 CFR 

### Highways, Part 450 establish rules for statewide and metropolitan transportation planning. Regulatory 

### citations herein shall refer to the version 

### ofthe rule in effectatthe time the subject

2 •

... I

# ..

activity was initiated. As new federal regulations affectingtransportatiol) planning and 

### airquality are created in the future, 

### the Transportation Conformity SIP will be updated as necessary.


### WHEREAS, WlsDOT, 

### WDNR, U.S. Environmental Protection Agency, Federal Highways Administration,**and}~~**..**~ffected** MPqs, Southeastern Wisconsin Regional 

### Planning Commission 

### (SEWRPC) and Bay-Lake Regional Planning

.Commission (BLRPC), desire to enjoy the 

### benefits of the .new streamlined and flexible EPA regulations as soon 

### as reasonably possible, 

### and have revised· their existing 

### Agreement so 

### th.:tt it 

### may be 

### included in a revised Conformity State Implementation Plan revision to be submitted to and approved by EPA as soon as reasonably possible, but not later than August 15, 1998; and 

### WHEREAS, the 

### parties agree and declare that this Agreement and the.

· consultation procedures herein are enforceable contractual agreements 

### under

Wisconsin law, as part of the SIP itself under 42 U.S.C. 7506(c)(1), 

## and under.

### the following Wisconsin statutory authority:

. • Section 66.0301, Wis. Stats. Authorizes state agencies to enter into legally binding cooperative contracts for the receipt or furnishing of services 

### or the joint exercise of any power 

### or duty 

### required or authorized by law. 

### Each party to 

### tne- contract rnay act under the 

### contract 

### to the 

### full extent

### of its lawful powers and 

### duties. 

### By statute, this law is interpreted liberally in favorof

### cooperative action.

·• Sections 285.11 (5) ·and (6) and 285.23, Wis. Stats.**Aut~orizes** and requires WDNR ·to Implement the CM to enhance the quality·, management and protection of the State's air resources through 

### comprehensive plans for the prevention, abatement and cpntrol of air pollution in this State. ·



## • Section 85.02, Wis. Stats. Requires all states, regional and municipal agencies and commissions 

### created under authority of law shall, when dealing with 

### transportation,. follow the recommendations made by WisDOT. MPOs are required to enter into agreements with WisDOT relating to transportation planning under 23 C.F.R. 

### § 450.314, Metropolitan Planning Agreements; WisDOT has authority over the development of the Statewide Transportation Improvement Program (STIP) and 

### has been delegated 

### the Governor's final approval 

### authority over all MPO TIPs Including amendments thereto under 23 U.S.C. 134 and Chapter 53 of Title 49 [49 U.S.C. 

### §§ 5301 et seq.]. WisDOT 

### will not approve any MPO TIP or amendment thereto 'hat contains a nonconforming project and will not include a nonconforming TIP in the

3 

# .I

1-

### STIP. Finally, WisDOT has authority over planning funds provided to MPOs for transportation planning purposes under state Jaw; and 23 C.F;R. 

### §450.320 require MPOs to develop and implement a congestion management system in transportation management areas 

### (TMAs) with specific requirements for nonattainment areasj and 23 C.F.R. Part420, Subpart 

### A, makes WisDOT responsible for administration 

### of federal planning funds to MPOs in Wisconsin 

### for. work to carry out urban transportation planning. WisDOT 

### will not request federal or state funding 

### for any nonconforming projects, programs or plans and may

. withhold funds forfailure to follow conformity procedures.



### • Sections 20.395 (9)(qx), -84.01(15), 84.015 and 84.03(1), Wis. Slats. Authorize and·directWfsDOTto expenq funds to construct and maintain highways and related projects 

### within the meaning of 

### Title 23, United States Code, and all acts amendatory and supplementary thereto, and the federal regufations issued under that Code, as well as.to receive and expend all fUnds in accordance 

### with the requirements of acts of Congress making such funds available.

·• Section 30.2022(.1), Wis. Stats. 

### Gives the 

### transportation conformity

·agreements bf?tween WisDOT and WDNR full legal effect in Wisconsin. 

### This law requires WisDOT and all activities undertaken through WisDOT to follow its agreements and liaison procedures 

### with WDNR or be subject fo 

### the prohibitions or 

### permit or approval requirements · specified under sees. 29.29, 

### 30,11, 30.12, 

### 30.123, 30.195, 

### 30.20,. 59.971, 61.351, 

### 62.231 or 87.30, and Chapters 281 to 285 or 289 to 

### 299, excepts, 

### 281.48, Wis. Stats. ·



### • Section 1.11, Wis. Stats. The Wisconsin Environmental Polley Act 

### (WEPA), may 

### be enforced by citizens with regard to activities of WDNR and WisDOT; and
WHEREAS, the conformity procedures and agreements in the Conformity State Implementation· Plan are also enforceable with regard to federal agency activities in Wisconsin pursuant to 42 U,S.C. 7506(c)(1): "No department, agency, or instrumentality of the Federal Government. shall engage in, support in any 

## way or provide financial assistance for, license or permit, or qpprove any activity which does not conform to an implementation plan after it has been approved or promulgated under

.. sectton 7410 ofthis title."; and WHEREAS, the conformity procedures and agreements in the Conformity State ·Implementation Plan are also enforceable with regard to metropotitan plal}ning agency activities in Wisconsin pursuant to 42 

### U,S,C 7506(c)(i); "No metropolitan planning

4

### · 

## .. organization desighated under Section 134 ofTitle23, United States Code, shall give its approval to any project, program, 

### or plan which does not conform to an Implementation plan approved or promulgated under section 7 

### 410 ofthis title."
NOW, THEREFORE, the parties intending to be legally bound agree that the · fqregoing paragraphs are part of this**AgreemeQL~JiE.Jhat** 

### if any. party fails to comply with a provision of the conformity criteria and procedures contained in this Agreement,**~hat**the other parties have.

### the right to take appropriate action in any court ofcompetent jurisdiction to enforcethis Agreement. The purpose of this Memorandum ofAgreement is to implement Section 176(c) ofthe CAA, as amended 

### (42 U.S.C. 7506(c), and the related requirement of

### 23 U.S.C. 

### 1090), 134and 135 with respect to the Conformity oftransportation projects which are developed, funded 

### orapproved 

### by the USDOT and 

### bythe Southeastern Wisconsin Regional Planning Commission or Bay Lake Regional Planning_ Commission (referred

## to

·· herein as**·~he** MPO") underTitle23, United States Code, orthe Federal TransitAct (49



### U.S.C. 1601 

### et seq.) with the applicable Implementation plan required under Section 

### 110 (42 U;S.C. 7410) and Part D ofthe CAA (42 U.S.C. 7407(d) and 

### 7505(a) relating to nonattainment and maintenance areas. Terms used but not defined in this Agreement shall have the meaning given 

### to them bythe CAA, Title 23 and Title 49, United States Code, 40 C.F.R. 

### § 93.101, other EPA regulations, 

### or other USDOT regulaiions, 

### in that order of priority. This documentshall establish a uniform policy forinteragency consultation processes 

### involvingall affected agencies such thatthe requirements of Clean AirAct section 176(c) are satisfied and thatthe consultation Issues as described in 40 CFR 93.105(c) are addressed.



### A. APPLICABILITY The Transportation Conformity SIP applies to arr EPA designated non-attainmentand malntenance areas fortransportation related oriteria pollutants within the state of Wisconsin.
B. TRANSPORTATION CONFORMITY CONSULTATION {1)**Aff~cted** Agencies Forthe purposes of consulting on transportation· conformity issues, the following participating agenoies will comprise the Wisconsin Transportation Conformity Interagency Consultation Workgroup (WTCICW): • Wisconsin Department of Natural Resources (WDNR) • Wisconsin Metropolitan Planning Organizations (MPOs} located in EPA designated non-attainment and maintenance areas, e.g. The Southeastern Wisconsin Regional Planning Commission (SEWRPC) and the Bay-Lake Regional Planning Commission (BLRPC) (An MPO. only participates 

### if a conformity issue is specific to an area/county served 

### bythe MPO}. • Wisconsin Department ofTransportation (WisDOT)

5• Wiscon,sln Local PublicTransit Agencies

... Federal Highway Administration (FHWA) • Federal TransitAdministration (FT A)

.. U.S. Environmental Protection Agency (EPA)


### Th.e WTCICW Is aworkgro.up 

### that makes 

### technical and policy recommendations regarding transportation conformity issues. 

### The**w"rl<gn~up** 

### will be t:omprised of managementand technical staff members from the affected agencies associated directly 

### with transportation conformity. Each ag·ancy 

### will appointa designated contact ·fortheWTCICW. The WTCJCW is aforum to continue the dialogue and sharing of information between air quality and transportation planning agencies regarding transportation conformity. Participating agencies provide coordination, advice, consultation, and cooperation regarding airqualityand transportation planning. The forum uses avariety ofcommunication methods for consultation: meetings, written and electronic correspondence, workshops, site visits,telephone discussions,**~nd** websites. 

### The form of 

### consultation that the WTCICW undertakes largely depends on

### the proposal, the complexity, and the relationship 

### with the parties to be consulted.

. . 

### (2) Authorities & Limitations The affected agencies operate according to**spec~ic** responsibilities, 

### authorities, and limitations undervarious federal and state laws. In addition, because of an established working relationship, the agencies listed above recognize and respectthe responsibilities, authorities and limitations ofthe qther participating**agencie~.** 

### Each agency bears 

### a responsibility to provide data ctnd 

### documentation in a timely mannerfor use by otheragencies. Each agency is responsible for fcillowing the relevantstate and federal requirements for public participation, public notice and comment, andformal adoption procedures. The respective agencies acknowledge a responsibility to notify each other of upcoming 

### actions that will affect the domain of any other affected**agencie~.** (3) WTCICW Process Initiation: Transportation Conformity Actionable Events and Lead Agency Roles The WTCJCW consultation process is to be initiated and 

### directed bythe corresponding lead agencyfor the following transportation**confonnity~related**tasks and events. The designation of a lead agency is determined 

### by legal obligations and professional · expertise. AnyWTCICW member agency may initiatethe consultation process to address pertinentair qualltyortransportation planning issues related to transportation conformity events. 

### "' Development/review·of 

### draft 

### orrevisions tothe SIP- lead agency: WDNR; • Development of motorvehicle emissions budgets- lead agency: WDNR; • Development of periodic emissions inventoryfor criteria potlutants

- lead agency:**w~~** 

# . . • Development'review ofairquality modeling and orany other analytical methods used for SIP development- lead agency: WDNR; • Development'review ofon road mobile source emissions models and methods

- lead agency: EPA, orWDNR, or MPO;

6

### • Development/review of travel demand models or any 

### otheranalytical methods used to predictvehicle miles**traveled~** 

### lead agency: MPO orWisDOT, orWDNR; • Development/review of regionally significant projects and changes**~** 

### lead agency: MPO orWisDOT;
• Development/review 

### ofdrafts for 

### a new or 

### amended RTP, TIP; -leadagency:**M~·** 

## -

. I

. 

### • Development of**conformity~determination** 

### fora new or amended RTP orTIPlead agency: MPO; · • Development of conformity detennlnationfor projects in non-metropolitan nonattainment and maintenance areas - lead agency: 

### WisDOT; • Development of a list ofthe Transportation Control Measures (TCMs) to 

### be considered in the development/review of 

### draft<:if 

### revisions to the SIP, if necessary - 

### lead agency: WDNR; · • Revisions to aTCM prepared bythe 

### MPO for the WDNR to be included in the 

### SIP- lead agency: 

### MPO; • Notification of pending transportation conformity lap·se

- lead agency: FHWA; • Notification of SIP actions, 

### including those that may lead to nonconformity and/or s·anctions

- 

### lead agency: EPA; · 

### • Adequacy findings and notification of such findings for motorvehicle emission budgets- lead agency: EPA. (4) Regular WTCICW Agency Roles 

### &Responsibilities: (a)The lead WTCICW agency is responsibleforthefollowing: 

### • Initiate the WTCICW consultation process according to transportation conformity imtionablei events established above; • Consultwith the 

### appropriate representatives ofihe

### WTCICW agency; • Formulate and distribute WTCICW draftand final 

### meeting agendas 

### to representatives of the WTCICW agency in a timely manner; Notify and Provide WTCICW agencies draft and final documents and appropriate supporting materials prior to formal adoption or 

### publication; • Solicit inputfrom the WTCJCW agencies through participation 

## in the development of draft documents and supporting materials; 

### • Review significantcomments from WTCICW agencies and provide 

### responses in atimely mannerpriorto formal adoption ofthe final document; • Provide written responses to all comments from WTCICW member agencies; (b)The 

### non-lead WTCICW agencies are responsible forthefollowing: •**~articipate** in the 

### WTCJCW consultati-on process according 

### to transportation conformity actionable events established above; • Consult with the lead WTCICW agency and otherWTCICW agencies;
• Provide 

### input and technical assistance when 

### requested; • ·Review and provide timely comments on draft and final documents and appropriate supporting information priorto formal adoption

7C. SPE.CIFIC 

### ROLES & ti.ESPONSIBILITIES (1) Wisconsin Department of Natural Resources WDNR is the agency responsible for air quality planning, and is responsible for developing air qual!ty plans known collectively as the State Implementation Plan (SIP). WDNR is responsible for developing emission inventories, emission budgets, air quality modeling, and SIP demonstrations**and~re~tislons.** WDNR consults with affected parties and agencies throughout the SIP development and SIP revision processes, conducting briefings and workshops 

### to gather ideas, revlews technical findings, and prepares draft revisions. Priorto formal adoption orpublication, WDNR provides the affected agencies with draft documents and supporting materials: WDNR provid.es final documents and supporling,lnfotmation to each affectei:l agencyafter approval or adoption.
WDNR provides coordfnation, advice, oo1_1sultation, and cooperation to EPA, FHWA, FTA, WisDOT, Local Public Transit Agencies, and any MPO during the development of any SlP involving TCMs. WDNR Is responsible for providing technical and policy guidanceto the MPOs and WisDOT regarding procedures to estimate on-road vehicle emissions. In addition, WDNR fs the lead agency for maintaining the airqualitymonitoring network and providing regional ambient airdata in Wisconsin. WDNR also assists the EPA in making airquality moni'!oring data available to the puhlic. (2) Metropolitan Planning Organization Each MPO is responsible for developing two main products through the transportation planning process. The first is a Regional Transportation Plan (RTP) that Includes improvements to highways, transit and othertransportation modes to meetthe transportation needs of the area over a minimum 20-year period. The second is a Transportation Improvement Program (TIP), a short-range capital improvement program for highway, transit, and othertransportation modal projects. Both the RTP and th.e TIP mustconform to the goals and objectives ofthe CAA, Identified byWDNR in the SIP. The MPO is responsible fortravel demand model development (or any other analytical methods used to predictvehicle miles traveled), estimating mobile souroe emissions, and development ·atTCMs. The MPO will develop mobile source emissions projections and evaluate them 

### in relation to mobile source emissions budgets which are to be included in the SIP.·The MPO in consultation with other affected agencies will develop TCMs 

### if needed to demonstrate either attainment or maintemanoe ofthe federal NAAQS. The MPO is responsible.toranalyzing the mobile source emissions effects of , the RTP and T!P. The MPO will make conformity demonstrations for RTPs and TIPs as required by the federal CAA and state law.
The MPO provides coordination, advice; consultation, and cooperation to WDNR, WisDOT, EPA, FHWA and Local PublicTransit Agencies during the course of the development oftransporiation plans, TIPs, and conformity determinations. Prior to forma) adoption or publication, the MPO provides the affected agencies with draft documents and supporting materials. The MPO provides final documents and · supporting information to each affected agency after approval or adoption. Each MPO actively coordinates with the other agencies during the transportation planning process.

8

### ...

Meetings are scheduled on a ragular basis through technical advisory committees and regional planning commission meetings. 

### Jn·addition, meetings

## are accommodated when necessary and when otherWTCICW agencies request them. (3)Wisconsin Department

### ofTransportation WisDOT is responsible for serving on MPO councils and committees, reviewing the**~-.** planning processes, conducting conformity determlnatien;eQJ;\currence 

### re.views on RTPs, :YIPs and Statewide Transportation Improvement Programs (STIPs), and · balancing local needs and preferences with the**!)tate~administered** transportation system's needs. In non-attainment and maintenance areas where there is no designated MPO, WisDOT 

### isthe lead transportalion agency and assumes the MPO transportation planning responsibilities mentioned in this document. WisDOT wlll make conformity demonstrations for projects in non-metropolitan non-attainmentand maintenance areas. WisDOT's responsibilities will also include providing updatedtravel data, fleet mix data and distribution of.travel vehicle classifications/vehicle type and road 

### type. (4} Wisconsin Local PublicTransit Agencies The Local PublicTransit Agency is responsiblefor supporting and conducting transportation planning activities for publictransportation service, and for providing transit operations to accommodate local and re9ional connectivity goals. The Local PublicTransit Agency should also coordinate with the MPO and WisDOIto identify transit projects and impacts. · (5} Federal HighwayAdministration and FederalTransitAdministration The FHWAand FTA are responsible for participating on MPO committees and task forces; reviewing the MPO transportation planning processes; providing transportation planning assistance and guidance

### for RTPs 

### and TlPs; approving air quality conformity determinations; providing FHWA and FTA air quality and confonnity rules, policies and guidance; and providing notification of a pending conformity lapse. (6) U.S. Environmental Protection Agency

. EPA is responsible for: approving updated mobile source vehicle emission mode}s;

· issuing guidance 

### on conformity criteria and procedures; providing modeling and

emission inventory development assistance to

### WDNR, WisDOT, and the MPOs; finding mo\orvehicle emission budgets adequate or inadequate; approving ordisapproving SIP revisions (including TCMs); and reviewing and commenting on regional emissions analyses and conformity determinations for RTPs and TIPs. Where possible, EPA will participate.

### i.n development of and review and comment on drafts ofairquality conformity analyses. ·
D. "INTERAGENCY COLLABORATION (1) Open Dialogue WDNR, WisDOT, FHWA/FTA, EPA, the Wisconsin Local Public Transit Agencies and the MPOs will engage in an open dialogue through collaborative participation in the

9pfanning processes of otheraffected agencies. Interagency participationwill strengthen the relationships betwee11 agencies by establishing 

### each as a planning partnerwith an investment in the entire planning perspective. (2) SIP Development Process WDNR 

### will include the relevant MPOs and WisDOT in its SIP development process 

### h·om the beginning by establishing a specificworkgroupJ.or. addressing-any aoncerns of thetransportation community. The purpose ofthis work group 

### will b!:! to provide aforum to 

### build consensus; in order"to achieve 

### this goal, the workgroup will meeton a regufar basis. Transportation agencies 

### will also participate in the. general meetings and consultations that 

### WDN.R undertakesfor

### al.l stakeholders and interested partiesduring SIPdevelopment. Through this cooperative planning process, WDNR will establish the MVEBs specified in the SIP. (3) Transportation Planning Process WlsDOT and the MPOs 

### will involveWDNR In 1heir respective transportation planning processthat produces RTPs and TIPs. The MPOs 

### and WisDOTwill design transportation plans that conformto the goals and objectives of-the CAA and the motor vehicle emission budgets (MVEB) specified in the SfP. WDNR will provide an air quality perspectiveto the transportation planning process byparticipating In MPO and WlsDOT ; technical and policy meetings. With consultation and cooperation 

### byWDNR, the MPO

and WisDOT

### will assess and develop the long-range mobile source emission budgetary needs of the urban and/or rural non-attainment areas that maintain and promote the CAA goals and support the economic, demographic, and healthy quality of life in the area. WDNR 

### wi!J also provide consultation regarding the development of mobile source**e~issions** budgets, but does not make transportation planning decisions.
E. INTERAGENCY CONSULTATION PROCESS (1) 

### Specific Processes The interagency consultation processes involvingWDNR, WisDOT, EPA, 

### FHWNFTA, MPOs and Local PublicTransit Agencies requires thatthese agencies coordinate, advise, consult, and cooperate to address the following issues (see 40 CFR 93.1 OS(c) forthe paragraphs referenced below). (a) Emissions Models find Methods 

### The MPO (orWisDOi, for non-attainment areas not included in an MPO) is the lead agencyfor developing transportation and vehicle activity assumptions to be used in transp,ortation plans and regional emissions analyses. The MPO will develop travel characteristics with input from local jurisdictions, Local PublicTransit Agencies, and WisDOT. The MPO (or WrsDOT, for non-attainment areas not Included in an MPO) is responsible for. mobile source emission estimates

## tor conformity determinations using the latest motor vehicle emissions model designated or app!oved by EPA. WDNR is the lead agency fordocumenting meteorological conditions, fuel specifications, and program settings to be used in hot spot and regional air 

### quality conformity analyses. WDNR will document meteorological conditions

10

## .·

in consultation with.t:PA during the SIP developmentprocess. The models

.. and applicable guidance. documents or methodologies 

### to be used for hot spot analyses are selected by EPA in collaboration with FHWAIFTA. (b) Regionally Significant Projects and Changes The MPO (orWisDOT, for non-attainment areas not included in an MPO) is the lead agency to identify**~egionally** significantprojects and significant changes

### to project desiQn.concept or scope. Through the consultation process, theWTCICW 

### will make a determination of which_minor arterials and other 1ransportation projects should be considered ''regionally significant'' projects, and which projects may have undergone 

## asignificant change in design concept orscope since.the previous TIP or 

### RTP was approved. 

### As traffic conditions change in tlwfuture, 

### the MPOs, in consultation 

### with WDNR, WisDOT, FHWA, and EPA (and Local PublicTransit Agencies and FTA in cases involving transitfacilities)

### will consider 1) the relative importance of minor arterials serving major activity centers, and 2) the absence of

. principal arterials in the vicinity to determine 

### if. any minorarterials should 

### be considered

# as regionally significantfor purposes of re.gional emissions analysis.

. Changes 1o regionally significant projects may or may not necessijate a new regional emissions analysis. Representatives from 

### WPNR, MPOs, WisDOT, Local Public Transit Agencies, FHWA, FTA, and EPAwill meetto develop

.**guid~Jines** that-identify significant changes in project design and scope for regionally significant projects. Project changes not addressed by

### the guidelines to be developed 

### will be decided on a case by case basis through**consuftatl~n** by these agencies.
In the SEWRPC region, the current practice is to model all arterials in urban areas, and arterials a_nd major collectors in rural areas. In the Sheboygan metropolitan planning area, the current practice is to model all arterials and collectors. These practices are expected to continue torthe Conformity analyses.-Any proposed changes tothese practices will be discussed at

### a t:neeting of the WTCICW.

. (c) Exempt Project Emissions The MPO (orWisDOT, for non-attainment 

### areas not included in 

### an MPO) is the lead agency for evaluating whether projects otherwise exempted from meeting the requirements ofTitle40 Protection of Environment CFR §93.126 and 

### §93.127 should be treated as non-exempt 

### in cases where potential · adverse emissions impacts may existfor any reason. {d)Transportation Control Measures Delays and Substitutes The MPO (orWisDOT, for non-attainment areas not included in an MPO) is the lead agency fortracking the implementation ofTCMs and making a determination whether past obstacles to implementation ofTCMs that are behind the schedule establishad in the applicable SIP have been identified and are being overcome, and whether state and local agencies with influence over approvals or funding for TCMs are giving maximum priority to approval

. 11

### orfunding forTCMs. The MPO will 

### considerwhetherdelays in TCM implementation necessitate revisions to 

### tbe applicable SIP to remove 

### a TCM

·. orsubstitu1e 

### a TCM orothertransportation-related emission reduction

measure. (e) Exempt Project Revisions

. 

### The 

### MPO {orWisDOT, for non-attainment areas not included in an MPO) is the lead agency.fornoiiflcatlollli.to •.affected agencies·of anytransportation plan orTIP revisions or amendments that merely add or delete exempt projects listed in Title 40 

### Protection of Environment GFR §93.126 

### or §93.127. · (f) Rural Non•AttainmentAreas

. 

### WisDOT is the lead c:tQencyfor selecting conformity tests 

### and methodologies required in isolated rural non-attainmentand maintenance areas. (2) 

### Consultation: Triggets and Jurisdictions · 

### The interagency consultation processes involvingtheWDNR, WisDOT, FHW 

### NFT A, EPA, MPOs and Local PublicTransltAgen<:ies·requires tliatthese agencies coordinate, advise,, consult-and cooperate to address the 

### following issues: (a) ConformityTriggers 

### The MPO (orWisDOT, for non-attainment areas not included 

### in an MPO) is the lead agency responsible for determination of events that w[JI 

### trigger conformity determinations in addition to those identified in §93.104 Frequenoy

### ofConformityDeterminations. (b) 

### Multiple Jurisdictions 

### WisDOT Is 

### the lead agency responsible for consultation on proc13dures 

### for emissions analysis for transportation activities that cross the 

### borders of MPOs, non-attainment areas 

### or air basins. (3) "Donuf'"

### Areas

. The .MPOs and WisDOT will consult in situations where the metropolitan planning area does nbt

### include the entire non-attainment or maintenance area to establish cooperative planning and analysis conoerning·conformity qeterminatlons ofall projects in the nonattainment or maintenance area but outside the MPO planning area. ·(4} LocaUy Funded Regionally Significant Projects 

### The MPOs and WisDOT will consult with-local units of government and publictransit agenciesto identify all regionally significanttransportation projects to be included in 

### the_ TIP, regardless of whetherthe projects are federally or locally funded. The procedures established byWisDOT and the MPOs to regularly update and amend the TIP, ensure that the plans forthe construction of regionally significant projects, which are not FHWA/FTA projects, are disclosed tothe MPOs on a regular basis, and that any changes to those plans ar19 immediately disclosed. (5f

### Project Details The MPOs and WisDOT 

### will consult as needed to determine In sufficient detail the design and scope of proposed projects identified in the preceding paragraph 'to allow for

12 

# I I I i. '


## ..

a proper regional emissions analysis in the eventthat the project sponsors have notyet identified these features. {6) Travel Model Development

_ The MPOs and WlsDOT 

### will consult as needed on the design, schedule, funding of research_and data collection efforts for regional transportation model development.- 

### \:.....



### ... 

# . ......**-~**

### ..; 

### .. :**.·~** 

### (7) Document 

### Distribution The lead agencies will distributefinal documents and supporting materials to all

. agencies identified in Section B 

### Transportation Conformity 

### Consultation after approval oradoption.

- F. DISPUTE_RESOLUTION PROCESS As specified 

### in Title 40 Protection of Environment CFR 93.105 Consultation (d) Resolving Conflicts, conformity related conflicts among WDNR, WisDOT, MPO, and _Local TransitAgencies are escalated 

### to the Governor, ordesignee, ifthey 

### cannot**b~**

resolved 

### bythe heads 

### ofthe involved agencies. The WDNR 

### has 14 calendar days to appeal to

### the Governor

### afterWisDOT orthe MPO has notified the 

### WONR Secretary 

### of the resolution of his or hercomments. IfWDNR appeals to the Governor, the final conformity determination must have concurrence of the Governor.

- Ifthe WDNR does not appeal to the Governorwithin 14 days of receivfng written notioo ofapproval ofthe conformity analysis, the MPO orWisDOT may proceed with the final 

### conformity determination. The Governor may delegate his or herrole in this process, but notto any member or employee ofWDNR, WisDOT, orthe relevant MPO.-


### G. PUBLIC CONSULTATION PROCEDURES When making a conformity determination, the MPO (or WisDOT, for non-attainment areas not Included in ah MPO) has established and will continue to implement a 

### proactive publlc involvement process which provides opportunityfor public review and comment 

### priorto taking formal action on a conformity determination for all transportationplans and TIPs, consistent with the requirements 

### ofTitle 23 Highways**CF~** 

### PM450.316(a) InterestedParties, Participation, andConsultation, Title 

### 40 Protection of Environment 

### CFR 

### §93.112 Criteria andProcedures: Con$ultation, and Title

### 49 Transportation CFR Part

### 7.43 Fee Schedule. Additionally, GIS part ofthe continuing public involvement.process, the MPO (orWfsDOT, for non-attainment areas not included in an MPO) 

### will specifically address in writing all public comments that known plans 

### for a regionally significant project which is 

### not receiving FHWA or FTA funding or approval have not been properly reflected 

### in the emissions analysis supporting a proposed conformity finding for atransportation plan or TIP. These agencies shall also provide opportunity for public involvement in conformity determinations for projects where otherwise required 

### by law.
H. CONTROL MEASURES As specified in Title 40 Proteo1ion of Environment CFR 93.122 (a)(4)(ii) Procedures for Determining Regional Transportation-Related Emissions, written commitments from the responsible agency must be obtained priorto conformity determination for any

13 ,_ 

# I

I 

# I

### transportation control measures identified in the SIP.which are not included in the MPO'sTransportation Plan orTIP

..Writlen commitments; as specified in Title 40 Protection of Environment 

### CFR 93.1Oi Definitions, 

### mustbe fulfilled, and should address funding and implemehtat!on schedule issues consistentwith the control measure as defined in the SIP:This provision applies to control measures not regulated by

### the state ifthese measures are used to claim emission reduciions as part of the**-~-** 

### ··-.Gonf<:Jrmity determination. .,.,......... -.... ,, , I. PROJECT LEVEL MITIGATION MEASURES As 

### specified In 

### Title 40 

### Protection of Environment CFR 93.125 (c) Enforceabilityof Design ConceptandScope and

### Project·Level

### Mitigation and

### Control Measures, 

### writlen commitments, as defined in Title 40 

### Protection of Environment GFR 93.101 Definition, 

### must be obtained from the project sponsortor anytransportation projectlevel mitigation orcontrol measures iqentifled as conditions for NEPA process completion, 

### and necessary for a 

### positive project 

### level conformity determination (which may include ahot-spot analysis).

. Project sponsors must comply with such commitments. Mitigatioh measures directed at reducing project related construction emissions (such as a 

### dust control plan) but 

### not specifically identified as necessaryfor apositive projeot·levei. (or "HotSpot") conformity· 

### finding, do not 

### require written commitments

.. 

### J. MODIF(CATION OFTHE AGREEMENI Any ofthe principal agencies may propose a 

### revision.to the Agreement, and request that representatives ofthe agencies meet to consider such a revision. This Agreement**adopt~** by 

### reference the 

### cited provisions ofthe

### Wisconsin Statutes, the United 

### States Code and Code of Federal Regulation as they exist on the date this Agreement is fully executed, but

### the intent ofthe 

### parties is to complywith any subsequent mandatory changes to 

### the extent practicable and

### permitted by 

### law. Opportunity shall be given for public comment on any revision which proposes asignificant change in conformity analysis procedures orconsultation procedures. The Conformity portion ofthe SIP 

### will be 

### revised to 

### reflect any significant 

### changes to this 

### Agreement. Such 

### changes shall be 

### subject to the SIP revision requirements of40 GFR ss_ 5i.102, 51.140 

### and 51.105. 

### This Agreement supersedes the 1998 f\greernent, upon its approval by 

### EPA as a Conformity SIP revision.

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